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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 495-H.F.No. 3516 
                  An act relating to natural resources; allowing 
                  expenditure of appropriated money for certain seminars 
                  and conferences; clarifying certain prohibitions 
                  related to the operation of snowmobiles, all-terrain 
                  vehicles, and motorboats; modifying composition of the 
                  outdoor recreation system; modifying disposition of 
                  certain receipts; designating a migratory waterfowl 
                  refuge; modifying certain rulemaking authority; 
                  eliminating trawling fees; providing for acquisition 
                  of critical aquatic habitat; modifying commissioner's 
                  authority to remove rough fish; modifying minnow 
                  retailer and turtle license provisions; clarifying 
                  forfeiture procedure; modifying mineral land 
                  provisions; increasing project amount for security in 
                  place of bonds; granting legislative approval for 
                  certain water usage; providing for replacement 
                  firearms deer licenses; making the experimental 
                  two-deer license in certain counties permanent; 
                  modifying moose and turkey separate selection 
                  processes; authorizing certain expenditures relating 
                  to emergency firefighting; clarifying restrictions for 
                  certain motorboat operators; modifying certain fee 
                  setting authority of the commissioner of natural 
                  resources; appropriating money; amending Minnesota 
                  Statutes 1998, sections 9.071; 84.925, subdivision 1; 
                  86A.04; 86B.331, subdivision 1; 88.12, subdivision 2; 
                  93.05; 93.055; 93.14; 93.15; 93.16; 93.17; 93.193, 
                  subdivision 1; 93.21; 93.22; 93.25, subdivisions 1 and 
                  2; 93.26; 93.27; 93.28; 93.285, subdivisions 2 and 3; 
                  93.335, subdivision 1; 93.43; 97A.095, by adding a 
                  subdivision; 97A.405, by adding a subdivision; 
                  97A.431, subdivision 4; 97A.435, subdivision 4; 
                  97A.475, subdivision 30, and by adding a subdivision; 
                  97B.015, subdivisions 2 and 4; 97B.301, subdivision 4; 
                  97C.041; 97C.501, subdivisions 1 and 2; and 97C.605, 
                  subdivisions 1 and 2; Minnesota Statutes 1999 
                  Supplement, sections 84.86, subdivision 1; 84.91, 
                  subdivision 1; 97A.065, subdivision 2; 97B.025; 
                  169.1217, subdivision 7a; 290.431; 290.432; and 
                  574.264, subdivision 1; Laws 1999, chapter 231, 
                  section 5, subdivision 4; proposing coding for new law 
                  in Minnesota Statutes, chapters 84; 93; and 97C; 
                  repealing Minnesota Statutes 1998, sections 93.07; 
                  93.08; 93.09; 93.10; 93.11; 93.12; 93.13; 93.18; 
                  93.19; 93.191; 93.192; 93.202; 93.23; 93.24; 93.283; 
                  93.285, subdivisions 4 and 5; 93.30; 93.31; 93.32; 
                  93.335, subdivisions 4 and 5; 93.34, subdivisions 1 
                  and 3; 93.351; 93.352; 93.353; 93.354; 93.355; 93.356; 
                  93.357; 93.37; 93.38; 93.39; 93.42; and 97B.312. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 9.071, is 
        amended to read: 
           9.071 [SETTLEMENT OF CLAIMS; OTHER SPECIFIED POWERS.] 
           The council has the powers with respect to the: 
           (1) timberlands provided in sections 90.031, 90.041, and 
        90.151; 
           (2) lands acquired from the United States provided in 
        section 94.50; 
           (3) lands subject to delinquent drainage assessments 
        provided in section 84A.20; 
           (4) transfer of lands between departments of state 
        government provided in section 15.16; 
           (5) sale or exchange of lands within national forests 
        provided in sections 92.30 and 92.31; 
           (6) approval of acquisition of land for camping or parking 
        area provided in sections 97A.135 and 97A.141; 
           (7) modification of iron leases provided in section 93.191; 
           (8) awarding permits leases to prospect for iron ore 
        provided in section 93.17; 
           (9) (8) approval of rules for issuance of permits leases to 
        prospect for minerals under state lands provided in 
        section 93.08 93.25; and 
           (10) (9) construction of dams provided in section 103G.545. 
           Sec. 2.  [84.0846] [NATURAL RESOURCE SEMINARS AND 
        CONFERENCES.] 
           The commissioner of natural resources may advance funds 
        appropriated for natural resource programs to government 
        agencies, the National Fish and Wildlife Foundation, federally 
        recognized Indian tribes and bands, colleges and universities, 
        and nonprofit organizations deemed by the commissioner to be 
        dedicated to the goals and objectives of the department for the 
        purpose of sponsoring or cosponsoring conferences and seminars 
        related to natural resources issues and management.  The 
        commissioner shall execute grants or contracts with the 
        responsible parties under section 16C.05 prior to advancing any 
        state funds and the agreements must provide for a full 
        accounting of how the state's funds will be spent. 
           Sec. 3.  Minnesota Statutes 1999 Supplement, section 84.86, 
        subdivision 1, is amended to read: 
           Subdivision 1.  With a view of achieving maximum use of 
        snowmobiles consistent with protection of the environment the 
        commissioner of natural resources shall adopt rules in the 
        manner provided by chapter 14, for the following purposes: 
           (1) Registration of snowmobiles and display of registration 
        numbers. 
           (2) Use of snowmobiles insofar as game and fish resources 
        are affected. 
           (3) Use of snowmobiles on public lands and waters, or on 
        grant-in-aid trails. 
           (4) Uniform signs to be used by the state, counties, and 
        cities, which are necessary or desirable to control, direct, or 
        regulate the operation and use of snowmobiles. 
           (5) Specifications relating to snowmobile mufflers. 
           (6) A comprehensive snowmobile information and safety 
        education and training program, including but not limited to the 
        preparation and dissemination of snowmobile information and 
        safety advice to the public, the training of snowmobile 
        operators, and the issuance of snowmobile safety certificates to 
        snowmobile operators who successfully complete the snowmobile 
        safety education and training course.  For the purpose of 
        administering such program and to defray expenses of training 
        and certifying snowmobile operators, the commissioner shall 
        collect a fee from each person who receives the youth and young 
        adult training or the adult training.  The commissioner shall 
        establish a fee that neither significantly over-recovers nor 
        under-recovers costs, including overhead costs, involved in 
        providing the services.  The fee is not subject to the 
        rulemaking provisions of chapter 14 and section 14.386 does not 
        apply.  The commissioner shall deposit the fee fees must be 
        deposited in the snowmobile trails and enforcement account and 
        the amount thereof is appropriated annually to the commissioner 
        enforcement division of the department of natural resources for 
        the administration of such programs.  In addition to the fee 
        established by the commissioner, instructors may charge each 
        person up to the established fee amount for class materials and 
        expenses.  The commissioner shall cooperate with private 
        organizations and associations, private and public corporations, 
        and local governmental units in furtherance of the program 
        established under this clause.  School districts may cooperate 
        with the commissioner and volunteer instructors to provide space 
        for the classroom portion of the training.  The commissioner 
        shall consult with the commissioner of public safety in regard 
        to training program subject matter and performance testing that 
        leads to the certification of snowmobile operators. 
           (7) The operator of any snowmobile involved in an accident 
        resulting in injury requiring medical attention or 
        hospitalization to or death of any person or total damage to an 
        extent of $500 or more, shall forward a written report of the 
        accident to the commissioner on such form as the commissioner 
        shall prescribe.  If the operator is killed or is unable to file 
        a report due to incapacitation, any peace officer investigating 
        the accident shall file the accident report within ten business 
        days. 
           Sec. 4.  Minnesota Statutes 1999 Supplement, section 84.91, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ACTS PROHIBITED.] (a) No owner or other 
        person having charge or control of any snowmobile or all-terrain 
        vehicle shall authorize or permit any individual the person 
        knows or has reason to believe is under the influence of alcohol 
        or a controlled substance or other substance to operate the 
        snowmobile or all-terrain vehicle anywhere in this state or on 
        the ice of any boundary water of this state. 
           (b) No owner or other person having charge or control of 
        any snowmobile or all-terrain vehicle shall knowingly authorize 
        or permit any person, who by reason of any physical or mental 
        disability is incapable of operating the vehicle, to operate the 
        snowmobile or all-terrain vehicle anywhere in this state or on 
        the ice of any boundary water of this state. 
           (c) A person who operates or is in physical control of a 
        snowmobile or all-terrain vehicle anywhere in this state or on 
        the ice of any boundary water of this state is subject to 
        sections 169.121 to 169.1218 and 169.123 to 169.129.  In 
        addition to the applicable sanctions under chapter 169, a person 
        who is convicted of violating section 169.121 or an ordinance in 
        conformity with it while operating a snowmobile or all-terrain 
        vehicle, or who refuses to comply with a lawful request to 
        submit to testing under section 169.123 or an ordinance in 
        conformity with it, shall be prohibited from operating the 
        snowmobile or all-terrain vehicle for a period of one year.  The 
        commissioner shall notify the convicted person of the time 
        period during which the person is prohibited from operating a 
        snowmobile or all-terrain vehicle. 
           (d) Administrative and judicial review of the operating 
        privileges prohibition is governed by section 97B.066, 
        subdivisions 7 to 9, if the person does not have a prior 
        impaired driving conviction or prior license revocation, as 
        defined in section 169.121, subdivision 3.  Otherwise, 
        administrative and judicial review of the prohibition is 
        governed by section 169.123.  
           (e) The court shall promptly forward to the commissioner 
        and the department of public safety copies of all convictions 
        and criminal and civil sanctions imposed under this section and 
        chapter 169 relating to snowmobiles and all-terrain vehicles.  
           (f) A person who violates paragraph (a) or (b), or an 
        ordinance in conformity with either of them, is guilty of a 
        misdemeanor.  A person who operates a snowmobile or all-terrain 
        vehicle during the time period the person is prohibited from 
        operating a vehicle under paragraph (c) is guilty of a 
        misdemeanor. 
           Sec. 5.  Minnesota Statutes 1998, section 84.925, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROGRAM ESTABLISHED.] (a) The commissioner 
        shall establish a comprehensive all-terrain vehicle 
        environmental and safety education and training program, 
        including the preparation and dissemination of vehicle 
        information and safety advice to the public, the training of 
        all-terrain vehicle operators, and the issuance of all-terrain 
        vehicle safety certificates to vehicle operators over the age of 
        12 years who successfully complete the all-terrain vehicle 
        environmental and safety education and training course.  
           (b) For the purpose of administering the program and to 
        defray a portion of the expenses of training and certifying 
        vehicle operators, the commissioner shall collect a fee of not 
        to exceed $5 from each person who receives the training and 
        shall deposit the fee in the all-terrain vehicle account.  The 
        commissioner shall establish a fee that neither significantly 
        over recovers nor under recovers costs, including overhead 
        costs, involved in providing the services.  The fee is not 
        subject to the rulemaking provisions of chapter 14 and section 
        14.386 does not apply.  The fees shall be deposited in the 
        all-terrain vehicle account and the amount thereof is 
        appropriated annually to the enforcement division of the 
        department of natural resources for the administration of the 
        program.  In addition to the fee established by the 
        commissioner, instructors may charge each person up to the 
        established fee amount for class materials and expenses. 
           (c) The commissioner shall cooperate with private 
        organizations and associations, private and public corporations, 
        and local governmental units in furtherance of the program 
        established under this section.  School districts may cooperate 
        with the commissioner and volunteer instructors to provide space 
        for the classroom portion of the training.  The commissioner 
        shall consult with the commissioner of public safety in regard 
        to training program subject matter and performance testing that 
        leads to the certification of vehicle operators. 
           Sec. 6.  Minnesota Statutes 1998, section 86A.04, is 
        amended to read: 
           86A.04 [COMPOSITION OF SYSTEM.] 
           The outdoor recreation system shall consist of all state 
        parks; state recreation areas; state trails established pursuant 
        to sections 84.029, subdivision 2, and 85.015; state scientific 
        and natural areas; state wilderness areas; state forests; state 
        wildlife management areas; state water access sites, which 
        include all lands and facilities established by the commissioner 
        of natural resources or the commissioner of transportation to 
        provide public access to water; state wild, scenic, and 
        recreational rivers; state historic sites; and state rest areas, 
        which include all facilities established by the commissioner of 
        transportation for the safety, rest, comfort and use of the 
        highway traveler, and shall include all existing facilities 
        designated as rest areas and waysides by the commissioner of 
        transportation; and any other units not listed in this section 
        that are classified under section 86A.05.  Each individual state 
        park, state recreation area, and so forth is called a "unit." 
           Sec. 7.  Minnesota Statutes 1998, section 86B.331, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ACTS PROHIBITED.] (a) An owner or other 
        person having charge or control of a motorboat may not authorize 
        or allow an individual the person knows or has reason to believe 
        is under the influence of alcohol or a controlled or other 
        substance to operate the motorboat in operation on the waters of 
        this state. 
           (b) An owner or other person having charge or control of a 
        motorboat may not knowingly authorize or allow a person, who by 
        reason of a physical or mental disability is incapable of 
        operating the motorboat, to operate the motorboat in operation 
        on the waters of this state.  
           (c) A person who operates or is in physical control of a 
        motorboat on the waters of this state is subject to sections 
        169.121 to 169.1218 and 169.123 to 169.129.  In addition to the 
        applicable sanctions under chapter 169, a person who is 
        convicted of violating section 169.121 or an ordinance in 
        conformity with it while operating a motorboat, shall be 
        prohibited from operating the motorboat on the waters of this 
        state for a period of 90 days between May 1 and October 31, 
        extending over two consecutive years if necessary.  If the 
        person operating the motorboat refuses to comply with a lawful 
        demand to submit to testing under section 169.123 or an 
        ordinance in conformity with it, the person shall be prohibited 
        from operating the motorboat for a period of one year.  The 
        commissioner shall notify the convicted person of the period 
        during which the person is prohibited from operating a motorboat.
           (d) Administrative and judicial review of the operating 
        privileges prohibition is governed by section 97B.066, 
        subdivision 7 to 9, if the person does not have a prior impaired 
        driving conviction or prior license revocation, as defined in 
        section 169.121, subdivision 3.  Otherwise, administrative and 
        judicial review of the prohibition is governed by section 
        169.123.  
           (e) The court shall promptly forward to the commissioner 
        and the department of public safety copies of all convictions 
        and criminal and civil sanctions imposed under this section and 
        chapter 169 relating to motorboats. 
           (f) A person who violates paragraph (a) or (b), or an 
        ordinance in conformity with either of them, is guilty of a 
        misdemeanor. 
           (g) For purposes of this subdivision, a motorboat "in 
        operation" does not include a motorboat that is anchored, 
        beached, or securely fastened to a dock or other permanent 
        mooring, or a motorboat that is being rowed or propelled by 
        other than mechanical means. 
           Sec. 8.  Minnesota Statutes 1998, section 88.12, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONTRACTS FOR SERVICES FOR FORESTRY OR WILDFIRE 
        PREVENTION WORK; COMMISSIONS TO PERSONS EMPLOYED.] The 
        commissioner is hereby authorized and empowered to contract for 
        or accept the services of any and all persons whose aid is 
        available, temporarily or otherwise, in forestry or wildfire 
        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.  At the request of 
        another emergency response agency, trained forestry wildfire 
        fighting resources may be used to support search and rescue 
        operations.  The commissioner may issue a commission, or other 
        written evidence of authority, to any such person whose services 
        are so arranged for; and may thereby empower such person to act, 
        temporarily or otherwise, as fire warden, or in any other 
        capacity, with such 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 on forest officers. 
           Sec. 9.  Minnesota Statutes 1998, section 93.05, is amended 
        to read: 
           93.05 [HOLDER OF PERMIT OR LEASE.] 
           Subdivision 1.  [RIGHT OF ENTRY.] In all cases where state 
        lands have been heretofore or may hereafter be sold pursuant to 
        the provisions of law upon which minerals have been reserved, 
        the holder of any mineral permit or lease subsequently issued 
        thereon may nevertheless enter upon the same lands and prospect 
        thereon thereunder on the lands under the lease.  
           Subd. 2.  [SECURITY FOR DAMAGES; CONDEMNATION.] Before 
        entering upon the same lands described in subdivision 1, the 
        permit or lease holder shall pay or secure to the owner of the 
        lands all damages which may arise therefrom and the same may be 
        determined either by mutual agreement or, if the interested 
        parties cannot agree, then the holder of the mineral permit or 
        lease may, in the name of the state of Minnesota, institute 
        proceedings to condemn the same in accordance with the general 
        provisions of according to chapter 117; provided, that the state 
        shall bear no part of the cost of these proceedings, nor pay any 
        part of the damages awarded therein in the proceedings.  
           Subd. 3.  [ATTORNEY GENERAL TO INSTITUTE CONDEMNATION.] (a) 
        Upon written request of the holder of any mineral prospecting 
        permit or mineral lease from the state, not in default, with the 
        approval of the commissioner of natural resources, the attorney 
        general shall institute, in the name of the state, proceedings 
        to acquire by condemnation any lands, rights-of-way, drainage or 
        flowage rights, easements or other interests necessary in 
        connection with prospecting for or mining the ore covered by 
        such permit or the lease.  All costs and expenses of such the 
        proceedings and all damages awarded therein shall be paid by the 
        holder of the permit or lease.  
           (b) In any eminent domain proceedings hereunder under this 
        section, any value which the land taken may have by reason of 
        its location or availability for the depositing of stripping, 
        tailings or other wastes from general mining operations in its 
        vicinity, or for the erection of buildings or structures thereon 
        in connection with such operations, shall be considered in 
        determining the damages to be awarded the owner thereof of the 
        land.  
           Sec. 10.  Minnesota Statutes 1998, section 93.055, is 
        amended to read: 
           93.055 [ACTION TO QUIET TITLE TO LANDS COVERED BY MINERAL 
        PERMIT OR LEASE.] 
           Upon written request of the holder of any mineral 
        prospecting permit or mineral lease from the state, not in 
        default, with the approval of the commissioner of natural 
        resources, the attorney general may institute proceedings to 
        quiet the title and determine adverse claims or to register the 
        title of the state to the lands or interests covered by the 
        permit or lease.  All costs and expenses of such the proceedings 
        including compensation of attorneys for the state shall be paid 
        by the holder of the permit or lease.  Upon receipt of such 
        request from the holder of a prospecting permit, if approved by 
        the commissioner of natural resources, and if such action is 
        authorized by the attorney general, the running of the time 
        within which the permit holder must begin prospecting thereunder 
        and the time within which the permit holder must apply for a 
        lease or do any other act required by the permit shall be 
        suspended until the entry of final judgment in the action, and 
        the term of the permit and the time required for any action by 
        the holder thereunder shall be extended by a period equivalent 
        to the time from the receipt of the request to the entry of the 
        judgment.  
           Sec. 11.  Minnesota Statutes 1998, section 93.14, is 
        amended to read: 
           93.14 [ISSUANCE OF PERMITS LEASES TO PROSPECT FOR ORES; 
        LEASES.] 
           The commissioner may execute permits leases to prospect for 
        iron ore and other ores upon lands belonging to the state or in 
        which the state has an interest and leases for the mining of 
        such the ores, subject to the conditions provided in sections 
        93.15 to 93.28.  
           Sec. 12.  Minnesota Statutes 1998, section 93.15, is 
        amended to read: 
           93.15 [MINING UNITS; DESIGNATION; AREA.] 
           Subdivision 1.  [DESIGNATION OF MINING UNITS.] (a) The 
        commissioner of natural resources may designate any lands 
        belonging to the state and the beds of any waters belonging to 
        the state or any lands in which the state has an interest as 
        mining units and may rearrange or modify such the mining units 
        from time to time, subject to the limitations herein prescribed 
        of this section. 
           (b) No mining unit shall contain lands belonging to more 
        than one permanent trust fund, except mining units leased under 
        section 93.25.  
           (c) Lands which have been sold by the state and are in use 
        as part of the site of a plant for the production of taconite 
        concentrates shall not be designated as mining units.  Each 
        mining unit shall consist of a contiguous tract not exceeding 80 
        acres in area except as follows: 
           (1) An area not exceeding 90 acres consisting of or 
        including one or more government lots or fractional or oversized 
        subdivisions according to the government survey may be included 
        in one mining unit.  
           (2) An area of any size which has been covered by a state 
        mining lease or contract heretofore issued and heretofore or 
        hereafter terminated may be included in one mining unit.  
           (3) An area of any size within the bed of any public waters 
        belonging to the state may be included in one mining unit.  
           Subd. 2.  [LIST OF MINING UNITS.] The commissioner shall 
        prepare and keep on file in the office of the division of lands 
        and minerals of the department of natural resources and at such 
        other places as the commissioner may direct a list of the mining 
        units designated hereunder under this section, giving the 
        descriptions thereof of the mining units and such other 
        information as the commissioner deems necessary.  In case the 
        commissioner shall prescribe special conditions to be included 
        in a prospecting permit or lease for any mining unit as 
        authorized by law, a statement of such the conditions shall be 
        included with the designation of such the unit in the list.  
           Subd. 3.  [ONE MINING UNIT PER LEASE.] Except as otherwise 
        expressly provided by law, each prospecting permit or mining 
        lease shall cover only one entire mining unit designated as 
        herein provided, and the designation of a mining unit in force 
        at the time an application for a prospecting permit therefor is 
        received by the commissioner according to law shall govern and 
        shall remain unchanged for the purposes of such permit or any 
        lease issued pursuant thereto under this section.  
           Sec. 13.  Minnesota Statutes 1998, section 93.16, is 
        amended to read: 
           93.16 [PERMITS LEASES; SALE, NOTICE.] 
           (a) Except as otherwise expressly provided by law, 
        prospecting permits leases for iron ore or other minerals 
        belonging to the state shall be issued only upon public sale as 
        herein provided under this section.  
           (b) The sale of permits may leases shall be held at such 
        times and places as designated by the commissioner.  
           (c) The commissioner shall give public notice of intent to 
        hold a public sale by publication in the State Register, the EQB 
        Monitor, and such other publications as the commissioner may 
        direct at least 90 days prior to the proposed date of sale.  
           (d) The commissioner shall give public notice of each sale 
        by publication for three successive weeks in a daily 
        newspaper that has its known office of issue in the county seat 
        of the county in which the mining units to be leased are located 
        and in a daily newspaper printed and published in each of the 
        cities of St. Paul, Minneapolis, Duluth, Hibbing, and Virginia.  
        If no newspaper has its known office of issue in the county seat 
        of a particular county, the commissioner shall publish notice in 
        the newspaper designated as the publisher of the official 
        proceedings of the county board of that county.  The last first 
        publication shall be not less than seven days nor more than at 
        least 30 days before the date of sale.  Like notice The public 
        notice of sale shall also be published in the State Register and 
        the EQB Monitor at least 30 days before the date of sale and may 
        be published in not to exceed two additional newspapers and two 
        trade magazines, as the commissioner may direct.  
           (e) Each notice shall contain the following information: 
           (1) time and place of holding the sale; 
           (2) The general requirements of law affecting bidders and 
        purchasers of permits; 
           (3) the place or places where the list of mining units, to 
        be offered for sale will be available for inspection and where 
        forms for bids and applications for prospecting permits leases 
        may be obtained; and 
           (4) (3) such other information as the commissioner may 
        direct.  
           Sec. 14.  Minnesota Statutes 1998, section 93.17, is 
        amended to read: 
           93.17 [APPLICATION FOR PERMITS LEASES; BIDS; AWARDS.] 
           Subdivision 1.  [LEASE APPLICATION.] (a) Applications for 
        permits leases to prospect for iron ore shall be presented to 
        the commissioner in writing in such form as the commissioner may 
        prescribe at any time before 4:30 p.m., St. Paul, Minnesota 
        time, on the last business day before the day specified for the 
        opening of bids, and no bids submitted after that time shall be 
        considered.  The application shall be accompanied by a certified 
        check, cashier's check, or bank money order payable to the state 
        treasurer department of natural resources in the sum of $50 $100 
        for each mining unit as set out above.  
           (b) Each application shall be accompanied also by a sealed 
        bid setting forth the amount of royalty per gross ton of crude 
        ore based upon the iron content of the ore when dried at 212 
        degrees Fahrenheit, in its natural condition or when 
        concentrated, as set out in detail hereafter section 93.20, 
        subdivisions 12 to 18, that the applicant proposes to pay to the 
        state of Minnesota in case the permit lease shall be awarded.  
           Subd. 2.  [BID REQUIREMENTS.] (a) Whenever a bid on any 
        mining unit exceeds the minimums prescribed in section 93.20, 
        the bidder shall offer a uniform amount above the minimums on 
        all schedules unless the mining unit is expressly excepted from 
        this requirement by the commissioner of natural resources by so 
        specifying in the list of lands and mining units.  
           A separate sealed bid shall be required for each mining 
        unit as established by the commissioner covered by the 
        application, and shall be accompanied by a certified check made 
        payable to the state treasurer in the sum of $200 as a guarantee 
        that the applicant will carry out and perform in good faith all 
        the covenants set out in the permit.  
           (b) The envelope containing each bid shall be plainly 
        marked on the outside showing the date of application, date 
        received by the commissioner, and the name of the applicant.  
        The commissioner shall endorse upon each application and sealed 
        bid the exact time of presentation and preserve the same 
        unopened in the commissioner's office.  
           Subd. 3.  [BID ACCEPTANCE.] (a) At the time and place fixed 
        for the sale, the commissioner shall publicly announce the 
        number of applications and bids received.  The commissioner, 
        together with at least one member of the executive council as 
        designated by the council, shall then publicly open the bids and 
        announce the amount of each bid separately.  Thereafter, the 
        commissioner, together with the executive council, shall award 
        the permits leases to the highest bidders for the respective 
        mining units, but no bids shall be accepted that shall do not 
        equal or exceed the minimum amounts provided for in section 
        93.20, nor shall any bid be accepted that shall does not comply 
        with the law and be accompanied by a certified check for the 
        faithful performance of the terms of each permit as hereinbefore 
        set out.  The right is reserved to the state to reject any and 
        all bids.  
           (b) All applications for permits leases and bids not 
        accepted at such the sale shall become void at the close of the 
        sale and the checks payment accompanying the applications and 
        bids shall be returned to the applicants entitled to them.  
           (c) Upon the award of a permit lease, the certified check 
        payment submitted with the application as provided by 
        subdivision 1, shall be deposited with the state treasurer as a 
        fee for the permit, to be credited to the same fund as the 
        rental or royalty from the mining unit affected, and the 
        certified check submitted with the bid as provided by 
        subdivision 2, shall be deposited with the state treasurer and 
        held for further disposition as provided by law lease.  
           Sec. 15.  [93.1925] [NEGOTIATED LEASES.] 
           Subdivision 1.  [CONDITIONS REQUIRED.] When the 
        commissioner finds that the best interests of the state will be 
        served and the circumstances in clause (1), (2), or (3) exist, 
        the commissioner, with the approval of the executive council, 
        may issue an iron ore or taconite iron ore mining lease through 
        negotiations to an applicant.  A lease may be issued through 
        negotiations under any of the following circumstances: 
           (1) the state taconite iron ore is adjacent to taconite 
        iron ore owned or leased for mining purposes by the applicant 
        and the commissioner finds that it is impracticable to mine the 
        state taconite iron ore except in conjunction with the mining of 
        the adjacent ore; 
           (2) the lands to be leased are primarily valuable for their 
        natural iron ore content; or 
           (3) the state's mineral ownership interest in the lands to 
        be leased is an undivided fractional interest and the applicant 
        holds under control a majority of the remaining undivided 
        fractional mineral interests in the lands to be leased. 
           Subd. 2.  [APPLICATION.] (a) An application for a 
        negotiated lease shall be submitted to the commissioner of 
        natural resources.  The commissioner shall prescribe the 
        information to be included in the application.  The applicant 
        shall submit with the application a certified check, cashier's 
        check, or bank money order, payable to the department of natural 
        resources in the sum of $100, as a fee for filing the 
        application.  The application fee shall not be refunded under 
        any circumstances. 
           (b) The right is reserved to the state to reject any or all 
        applications for a negotiated lease. 
           Subd. 3.  [TERMS.] A lease issued under this section shall 
        be in the form set forth in section 93.20, with such additional 
        terms and conditions consistent with the lease as may be agreed 
        upon.  The rental and royalty rates agreed upon shall be not 
        less than those prescribed in section 93.20. 
           Sec. 16.  Minnesota Statutes 1998, section 93.193, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATION FOR EXTENSION.] Upon written 
        application by the holder of any mining lease heretofore issued, 
        or hereafter issued upon a prospecting permit heretofore issued, 
        which has been or may be designated as a taconite iron ore 
        mining lease pursuant to Minnesota Statutes 1998, section 93.19 
        or 93.191, the commissioner of natural resources, with the 
        approval of the executive council, may extend the term thereof 
        of the lease for an additional period of 25 years beyond the 
        term specified therein in the lease, upon the terms and 
        conditions hereinafter prescribed under this section.  The 
        additional period of 25 years for which such a the lease is 
        extended, shall be the extended period as such the term is used 
        herein in this section.  
           Sec. 17.  Minnesota Statutes 1998, section 93.21, is 
        amended to read: 
           93.21 [EXECUTION OF LEASE.] 
           The lease provided for in section 93.20 shall be signed by 
        the commissioner for and in behalf of the state, with the 
        official seal of the commissioner attached, and shall be signed 
        by the party of the second part in the presence of two 
        witnesses, and such the signatures and execution of the same by 
        the party of the second part shall be duly acknowledged.  
           Sec. 18.  Minnesota Statutes 1998, section 93.22, is 
        amended to read: 
           93.22 [DISPOSAL OF MONEYS RECEIVED DISPOSITION OF 
        PAYMENTS.] 
           (a) All payments under sections 93.14 to 93.28 93.285 shall 
        be made to the state treasurer on the order of the commissioner 
        of finance, or the commissioner, as the case may be, department 
        of natural resources and shall be credited to the permanent fund 
        of the class of land to which the demised premises belong and in 
        case the land shall not belong to any class of land having a 
        permanent fund then all payments shall be credited to such fund 
        as the legislature shall by law direct. 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; and 
           (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 as follows: 
           (i) 20 percent to the general fund; and 
           (ii) 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. 
           (b) Except as provided under paragraph (a) 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. 
           Sec. 19.  [93.245] [MINING OF MINERALS OTHER THAN IRON 
        ORE.] 
           (a) If a mineral other than iron ore or taconite ore is 
        found on or in a mining unit covered by a state iron ore or 
        taconite iron ore mining lease, the state lessee may apply to 
        the commissioner of natural resources for a negotiated lease to 
        explore for, mine, and remove the mineral.  The terms and 
        conditions under which the mineral may be mined or products 
        recovered shall be as agreed upon by the commissioner and the 
        state lessee.  A mineral lease for ores other than iron ore or 
        taconite iron ore must comply with section 93.25 and rules 
        adopted thereunder. 
           (b) The right is reserved to the state to reject any or all 
        applications for a negotiated lease under paragraph (a).  The 
        state may lease, under section 93.25 and rules adopted 
        thereunder, any minerals other than iron ore or taconite iron 
        ore on or in a mining unit covered by a state iron ore or 
        taconite iron ore mining lease. 
           Sec. 20.  Minnesota Statutes 1998, section 93.25, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LEASES.] The commissioner may issue leases 
        to prospect for, mine, and remove minerals other than iron ore 
        upon any lands owned by the state, including trust fund lands, 
        lands forfeited for nonpayment of taxes whether held in trust or 
        otherwise, and lands otherwise acquired, and the beds of any 
        waters belonging to the state.  For purposes of this section, 
        iron ore means iron-bearing material where the primary product 
        is iron metal.  
           Sec. 21.  Minnesota Statutes 1998, section 93.25, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LEASE REQUIREMENTS.] All leases for nonferrous 
        metallic minerals or petroleum must be approved by the executive 
        council, and any other mineral lease issued pursuant to this 
        section that covers 160 or more acres must be approved by the 
        executive council.  The rents, royalties, terms, conditions, and 
        covenants of all such leases shall be fixed by the commissioner 
        pursuant to such according to rules as may be prescribed adopted 
        by the commissioner, but no lease shall be for a longer term 
        than 50 years, and all such rents, royalties, terms, conditions, 
        and covenants shall be fully set forth in each lease thus issued 
        and.  The rents and royalties therein provided for shall be 
        credited to the funds as provided in section 93.22 or 93.335, 
        subdivision 4, as amended.  
           Sec. 22.  Minnesota Statutes 1998, section 93.26, is 
        amended to read: 
           93.26 [PERMITS AND LEASES TO BE RECORDED FILED.] 
           All permits and leases, with the names and post office 
        addresses of all parties in interest, issued by the commissioner 
        under authority of sections 93.14 to 93.28 93.285, before 
        delivery shall be duly recorded at length in the record books to 
        be provided and kept filed for record in the commissioner's 
        office for that purpose and.  A certificate of such record 
        filing showing the date of record, the book and page 
        thereof, filing shall be endorsed on each such permit or lease. 
           Sec. 23.  Minnesota Statutes 1998, section 93.27, is 
        amended to read: 
           93.27 [ASSIGNMENTS, AGREEMENTS, OR CONTRACTS AFFECTING 
        PERMITS OR LEASES; RECORDS FILING.] 
           All assignments, agreements, or contracts, underlying, 
        overriding, or operating agreements affecting any such permit or 
        a lease shall be made in writing and signed by both parties 
        thereto, witnessed by two witnesses, and properly acknowledged 
        and contain the post office addresses of all parties having an 
        interest; and when so executed presented in triplicate to the 
        commissioner for filing of record.  The commissioner shall then 
        record such assignments, agreements, or contracts, underlying, 
        overriding, or operating agreements at length in record books 
        kept and provided for that purpose in the commissioner's office 
        and A certificate of such record filing showing the date thereof 
        and the book and page of filing shall be endorsed on the 
        assignments, agreements, contracts, underlying, overriding, or 
        operating agreements, a copy of which then shall be returned to 
        the party entitled thereto.  
           Sec. 24.  Minnesota Statutes 1998, section 93.28, is 
        amended to read: 
           93.28 [APPROVAL OF INSTRUMENTS; FEES.] 
           All instruments by virtue of which the title to any permit 
        or a lease herein provided for is in any way affected shall 
        receive, as to form and execution, the approval of the 
        commissioner, which approval shall be endorsed thereon, and the 
        instrument when so approved shall be duly recorded filed as 
        provided in section 93.27.  For recording any assignment or 
        other instrument affecting the title to any permit or lease or 
        for furnishing certified copies of the records, the commissioner 
        may charge a fee of ten cents per folio.  All such fees shall be 
        turned into the state treasury.  
           Sec. 25.  Minnesota Statutes 1998, section 93.285, 
        subdivision 2, is amended to read: 
           Subd. 2.  [INCLUSION IN MINING UNIT.] In case any 
        stockpiled iron ore is situated on land designated or suitable 
        for designation as a mining unit under section 93.15, such the 
        stockpiled ore may, in the discretion of the commissioner of 
        natural resources, be included in such the unit by inserting a 
        description of such the ore in the designation of the unit.  
        Otherwise such the ore shall not be considered as included 
        in such the unit.  Upon the inclusion of such the ore in such 
        the unit, it shall be subject to all provisions of law relating 
        to the sale, issuance, terms, and conditions of a prospecting 
        permit and lease covering such the unit and other matters 
        pertaining thereto, so far as applicable, except as hereinafter 
        provided.  
           Sec. 26.  Minnesota Statutes 1998, section 93.285, 
        subdivision 3, is amended to read: 
           Subd. 3.  [STOCKPILE MINING UNIT.] (a) Any stockpiled iron 
        ore, wherever situated, may, in the discretion of the 
        commissioner of natural resources, be designated as a stockpile 
        mining unit for disposal separately from ore in the ground, such 
        designation to be made in accordance with the provisions of 
        according to section 93.15, so far as applicable.  Thereupon 
        such stockpile mining unit shall be subject to all provisions of 
        law relating to the sale, issuance, terms, and conditions of 
        prospecting permits and leases covering mining units designated 
        under such section 93.15 and other matters pertaining thereto, 
        except as hereinafter provided.  Upon application of the holder 
        of a prospecting permit for such a stockpile mining unit, the 
        commissioner of natural resources may, for good cause shown, 
        extend the time for beginning the work of prospecting under the 
        permit to not exceeding six months from the date of the permit.  
           (b) The commissioner may lease the mining unit at public or 
        private sale for an amount and under terms and conditions 
        prescribed by the commissioner.  The lease term may not exceed 
        25 years.  The amount payable for stockpiled iron ore material 
        shall be at least equivalent to the minimum royalty that would 
        be payable under section 93.20. 
           Sec. 27.  Minnesota Statutes 1998, section 93.335, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LAND GROUPED INTO MINING UNITS; LEASES 
        LANDS HELD IN TRUST FOR TAXING DISTRICTS; LEASE TERMS AND 
        CONDITIONS.] Lands or minerals and mineral rights, including 
        fractional undivided interests therein, becoming the absolute 
        property of the state under the tax laws, may be grouped into 
        mining units, permits to prospect for iron ore thereon shall be 
        awarded, and Mining leases thereon issued as provided by 
        sections 93.14 to 93.33, and, except as otherwise specifically 
        provided herein under this section, shall be subject to all the 
        terms, conditions, and provisions of such sections shall be 
        applicable thereto 93.14 to 93.33, regardless of whether or 
        not such the lands or minerals and mineral rights are held in 
        trust for taxing districts.  Leases issued hereunder shall be in 
        the form provided by law, with only such changes as the 
        commissioner of natural resources shall find necessary to 
        indicate the specific interest covered by the lease and the 
        proportion of the stipulated royalty or rental payable under 
        subdivision 2 or otherwise to conform with the provisions 
        hereof.  In case the state owns such a fractional undivided 
        interest and the remaining undivided interest in the property is 
        owned or held under lease for mining purposes by another, the 
        commissioner of natural resources, with the approval of the 
        executive council, upon application of such owner or lessee, 
        without public sale and without prior issuance of a prospecting 
        permit, may enter into a mining lease with such owner or lessee 
        covering the state's interest under the following terms and 
        conditions: 
           (1) The application shall be in such form and shall contain 
        such information as the commissioner shall prescribe; 
           (2) Where any of the ore to be mined under such lease lies 
        within the bed of a public lake or stream, the lessee shall 
        obtain an appropriate permit from the commissioner, pursuant to 
        applicable laws; 
           (3) The lease shall be in the form herein prescribed, 
        except that it may provide for the payment of rental and royalty 
        at such rates as may be agreed upon between the parties and may 
        contain such additional appropriate provisions, not inconsistent 
        with law, as may be agreed upon in furtherance of the mutual 
        interests of the parties; provided, that the rental and royalty 
        rates for iron ore shall not be less than the applicable minimum 
        rates prescribed in section 93.20.  
           Sec. 28.  Minnesota Statutes 1998, section 93.43, is 
        amended to read: 
           93.43 [PERMITS, LICENSES, AND LEASES TO COPPER, 
        COPPER-NICKEL OR NICKEL NONFERROUS METALLIC MINERALS PRODUCERS.] 
           (a) The business of mining, producing, or beneficiating 
        copper, copper-nickel or nickel nonferrous metallic minerals is 
        declared to be in the public interest and necessary to the 
        public welfare, and the use of property therefor is declared to 
        be a public use and purpose.  
           (b) The commissioner of natural resources is authorized to 
        grant permits or, licenses, or leases on and across lands owned 
        by the state to any corporation or association engaged in the 
        business of or preparing to engage in the business of mining, 
        producing, or beneficiating copper, copper-nickel or 
        nickel nonferrous metallic minerals for pipe lines, pole lines, 
        conduits, sluiceways, roads, railroads, tramways, or flowage, 
        and to lease any lands owned by the state to any such 
        corporation or association for the depositing of stripping, lean 
        ores, tailings, or waste products of such business.  
           (c) The commissioner of natural resources is also 
        authorized to license the flooding of state lands in connection 
        with any permit or authorization for the use of public waters 
        issued by the legislature or by the commissioner pursuant to 
        law.  Such The permits, licenses, and leases shall be upon such 
        the conditions and, for such the consideration, and for 
        such the period of time as the commissioner may determine.  
           (d) The county auditor, with the approval of the county 
        board, is authorized to grant permits, licenses, or leases for 
        all such purposes of or across tax-forfeited lands held by the 
        state in trust for any and all taxing districts, upon such the 
        conditions and, for such the considerations, and for such 
        the period of time as the county board may determine.  Any 
        proceeds from the granting of such the permits, licenses, or 
        leases by the county auditor shall be apportioned and 
        distributed as other proceeds from the sale or rental of tax-forfeited 
        lands.  
           Sec. 29.  Minnesota Statutes 1999 Supplement, section 
        97A.065, subdivision 2, is amended to read: 
           Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
        forfeited bail collected from prosecutions of violations of:  
        the game and fish laws; sections 84.091 to 84.15; sections 84.81 
        to 84.91; section 169.121, when the violation involved an 
        off-road recreational vehicle as defined in section 169.01, 
        subdivision 86; chapter 348; and any other law relating to wild 
        animals or aquatic vegetation, must be paid to the treasurer of 
        the county where the violation is prosecuted.  The county 
        treasurer shall submit one-half of the receipts to the 
        commissioner and credit the balance to the county general 
        revenue fund except as provided in paragraphs (b), (c), and 
        (d).  In a county in a judicial district under section 480.181, 
        subdivision 1, paragraph (b), as added in Laws 1999, chapter 
        216, article 7, section 26, the share that would otherwise go to 
        the county under this paragraph must be submitted to the state 
        treasurer for deposit in the state treasury and credited to the 
        general fund. 
           (b) The commissioner must reimburse a county, from the game 
        and fish fund, for the cost of keeping prisoners prosecuted for 
        violations under this section if the county board, by 
        resolution, directs:  (1) the county treasurer to submit all 
        fines and forfeited bail to the commissioner; and (2) the county 
        auditor to certify and submit monthly itemized statements to the 
        commissioner.  
           (c) The county treasurer shall submit one-half of the 
        receipts collected under paragraph (a) from prosecutions of 
        violations of sections 84.81 to 84.91, and 169.121, except 
        receipts that are surcharges imposed under section 357.021, 
        subdivision 6, to the state treasurer commissioner and credit 
        the balance to the county general fund.  The state treasurer 
        commissioner shall credit these receipts to the snowmobile 
        trails and enforcement account in the natural resources fund. 
           (d) The county treasurer shall indicate the amount of the 
        receipts that are surcharges imposed under section 357.021, 
        subdivision 6, and shall submit all of those receipts to the 
        state treasurer. 
           Sec. 30.  Minnesota Statutes 1998, section 97A.095, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [SWAN LAKE MIGRATORY WATERFOWL REFUGE.] The land 
        described in Laws 1999, chapter 81, section 2, is designated 
        Swan Lake migratory waterfowl refuge under subdivision 1. 
           Sec. 31.  Minnesota Statutes 1998, section 97A.405, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [REPLACEMENT LICENSES.] The commissioner may 
        permit licensed firearms deer hunters to change zone or season 
        options before the regular firearms deer season begins.  The 
        commissioner may issue a replacement license if the applicant 
        submits the original firearms deer license that is being 
        replaced and the applicant pays any increase in cost between the 
        original and the replacement license. 
           Sec. 32.  Minnesota Statutes 1998, section 97A.431, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SEPARATE SELECTION; ELIGIBILITY.] (a) The 
        commissioner may conduct a separate selection for up to 20 
        percent of the moose licenses to be issued for an area.  Only 
        owners of, and tenants living on, at least 160 acres of 
        agricultural or grazing land in the area, and their family 
        members, are eligible for the separate selection under this 
        paragraph.  Persons that are unsuccessful in a separate 
        selection must be included in the selection for the remaining 
        licenses.  
           (b) The commissioner must conduct a separate selection for 
        20 percent of the moose licenses to be issued each year.  Only 
        individuals who have applied at least ten times for a moose 
        license and who have never received a license are eligible for 
        this separate selection. 
           (c) The commissioner may by rule establish criteria for: 
           (1) determining eligible family members under this 
        subdivision. paragraph (a); and 
           (2) verifying that an individual has made at least ten 
        unsuccessful applications for the purposes of paragraph (b). 
           (d) A person who is unsuccessful in a separate selection 
        under this subdivision must be included in the selection for the 
        remaining licenses. 
           Sec. 33.  Minnesota Statutes 1998, section 97A.435, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 
        The commissioner may conduct a separate selection for up to 20 
        percent of the turkey licenses to be issued for any area.  Only 
        persons that who are owners or tenants of and that live on at 
        least 40 acres of agricultural or grazing land in the area, and 
        their family members, are eligible applicants for turkey 
        licenses for the separate selection.  The qualifying 
        agricultural or grazing land may be noncontiguous.  Persons that 
        who are unsuccessful in a separate selection must be included in 
        the selection for the remaining licenses.  Persons that who 
        obtain a license in a separate selection must allow public 
        turkey hunting on their land during that turkey season. 
           (b) The commissioner may by rule establish criteria for 
        determining eligible family members under this subdivision. 
           Sec. 34.  Minnesota Statutes 1998, section 97A.475, 
        subdivision 30, is amended to read: 
           Subd. 30.  [COMMERCIAL NETTING OF FISH.] The fees to take 
        commercial fish are: 
           (1) commercial license fees: 
           (i) for residents and nonresidents seining and netting in 
        inland waters, $90; 
           (ii) for residents netting in Lake Superior, $50; 
           (iii) for residents netting in Lake of the Woods, Rainy, 
        Namakan, and Sand Point lakes, $50; 
           (iv) for residents seining in the Mississippi River from St.
        Anthony Falls to the St. Croix River junction, $50; 
           (v) for residents seining, netting, and set lining in 
        Wisconsin boundary waters from Lake St. Croix to the Iowa 
        border, $50; and 
           (vi) for a resident apprentice license, $25; and 
           (2) commercial gear fees: 
           (i) for each gill net in Lake Superior, Wisconsin boundary 
        waters, and Namakan Lake, $3.50 per 100 feet of net; 
           (ii) for each seine in inland waters, on the Mississippi 
        River as described in section 97C.801, subdivision 2, and in 
        Wisconsin boundary waters, $7 per 100 feet; 
           (iii) for each commercial hoop net in inland waters, $1.25; 
           (iv) for each submerged fyke, trap, and hoop net in Lake 
        Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 
        Namakan, and Sand Point lakes, and for each pound net in Lake 
        Superior, $15; 
           (v) for each stake and pound net in Lake of the Woods, $60; 
        and 
           (vi) for each set line in the Wisconsin boundary waters, 
        $20; and 
           (vii) for each trawl used in Lake Superior, $50.  
           Sec. 35.  Minnesota Statutes 1998, section 97A.475, is 
        amended by adding a subdivision to read: 
           Subd. 44.  [REPLACEMENT LICENSES.] The fee for a 
        replacement firearms deer license is $5. 
           Sec. 36.  Minnesota Statutes 1998, section 97B.015, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ADMINISTRATION, SUPERVISION, AND ENFORCEMENT.] 
        (a) The commissioner shall appoint a qualified person from the 
        enforcement division under civil service rules as supervisor of 
        hunting safety and prescribe the duties and responsibilities of 
        the position.  The commissioner shall determine and provide the 
        enforcement division with the necessary personnel for this 
        section.  
           (b) The commissioner may appoint one or more county 
        directors of hunting safety in each county.  An appointed county 
        director is responsible to the enforcement division.  The 
        enforcement division may appoint instructors necessary for this 
        section.  County directors and instructors shall serve on a 
        voluntary basis without compensation.  The enforcement division 
        must supply the materials necessary for the course.  School 
        districts may cooperate with the commissioner and volunteer 
        instructors to provide space for the classroom portion of the 
        training.  
           Sec. 37.  Minnesota Statutes 1998, section 97B.015, 
        subdivision 4, is amended to read: 
           Subd. 4.  [STUDENT FEE.] To defray the expense of the 
        course, the enforcement division shall collect a fee not to 
        exceed $5 from each person that takes the firearm safety course. 
        The commissioner shall establish a fee that neither 
        significantly over recovers nor under recovers costs, including 
        overhead costs, involved in providing the services.  The fee is 
        not subject to the rulemaking provisions of chapter 14 and 
        section 14.386 does not apply.  The fees shall be deposited in 
        the game and fish fund and the amount thereof is appropriated 
        annually to the enforcement division of the department of 
        natural resources for the administration of the program.  In 
        addition to the fee established by the commissioner, instructors 
        may charge each person up to the established fee amount for 
        class materials and expenses. 
           Sec. 38.  Minnesota Statutes 1999 Supplement, section 
        97B.025, is amended to read: 
           97B.025 [ADVANCED HUNTER AND TRAPPER EDUCATION.] 
           The commissioner may establish advanced education courses 
        for hunters and trappers.  The commissioner, with the approval 
        of the commissioner of finance, may impose shall collect a fee 
        not to exceed $10 for from each person attending an advanced 
        education a course.  The commissioner shall establish a fee that 
        neither significantly over recovers nor under recovers costs, 
        including overhead costs, involved in providing the services.  
        The fee is not subject to the rulemaking provisions of chapter 
        14 and section 14.386 does not apply.  The fees shall be 
        deposited in the game and fish fund and the amount thereof is 
        appropriated annually to the enforcement division of the 
        department of natural resources for the administration of the 
        program.  In addition to the fee established by the 
        commissioner, instructors may charge each person up to the 
        established fee amount for class materials and expenses.  School 
        districts may cooperate with the commissioner and volunteer 
        instructors to provide space for the classroom portion of the 
        training. 
           Sec. 39.  Minnesota Statutes 1998, section 97B.301, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TAKING MORE THAN ONE DEER.] (a) The commissioner 
        may, by rule, allow a person to take more than one deer.  The 
        commissioner shall prescribe the conditions for taking the 
        additional deer including:  
           (1) taking by firearm or archery; 
           (2) obtaining additional licenses; and 
           (3) payment of a fee not more than the fee for a firearms 
        deer license; and 
           (4) the total number of deer that an individual may take. 
           (b) In Kittson, Lake of the Woods, Marshall, Pennington, 
        and Roseau counties, a person may obtain one firearms deer 
        license and one archery deer license in the same license year, 
        and may take one deer under each license.  The commissioner may 
        limit the use of this provision in certain years to protect the 
        deer population in the area. 
           Sec. 40.  [97C.02] [ACQUISITION OF CRITICAL AQUATIC 
        HABITAT.] 
           The commissioner shall acquire lands that are critical for 
        fish and other aquatic life and that meet criteria described for 
        aquatic management areas in section 86A.05, subdivision 14.  The 
        lands that are acquired may be developed to manage lakes, 
        rivers, streams, and adjacent wetlands and lands for aquatic 
        life, water quality, intrinsic biological value, public fishing, 
        and other compatible outdoor recreational uses.  The land may be 
        acquired by gift, lease, easement, or purchase.  The 
        commissioner shall designate land acquired under this 
        subdivision as aquatic management areas for the purposes of the 
        outdoor recreation system. 
           Sec. 41.  Minnesota Statutes 1998, section 97C.041, is 
        amended to read: 
           97C.041 [COMMISSIONER MAY REMOVE ROUGH FISH AND CATFISH.] 
           The commissioner may take rough fish, lake whitefish, and 
        rainbow smelt with seines, nets, and other devices.  The 
        commissioner may also take catfish with seines, nets, and other 
        devices on the Minnesota-Wisconsin boundary waters.  The 
        commissioner may hire or contract persons, or issue permits, to 
        take the fish.  The commissioner shall prescribe the manner of 
        taking and disposal.  The commissioner may award a contract 
        under this section without competitive bidding.  Before 
        establishing the contractor's compensation, the commissioner 
        must consider the qualifications of the contractor, including 
        the contractor's equipment, knowledge of the waters, and ability 
        to perform the work.  
           Sec. 42.  Minnesota Statutes 1998, section 97C.501, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MINNOW RETAILERS.] (a) A person may not be 
        a minnow retailer without a minnow retailer license except as 
        provided in subdivision subdivisions 2, paragraph (d), and 3.  A 
        person must purchase a minnow retailer license for each minnow 
        retail outlet operated, except as provided by subdivision 2, 
        paragraph (d).  
           (b) A minnow retailer must obtain a minnow retailer's 
        vehicle license for each motor vehicle used by the minnow 
        retailer to transport more than 12 dozen minnows to the minnow 
        retailer's place of business, except as provided in subdivision 
        3.  A minnow retailer is not required to obtain a minnow 
        retailer's vehicle license if minnows are being transported by 
        common carrier and information is provided that allows the 
        commissioner to find out the location of the shipment in the 
        state. 
           Sec. 43.  Minnesota Statutes 1998, section 97C.501, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MINNOW DEALERS.] (a) A person may not be a 
        minnow dealer without a minnow dealer license except as provided 
        in subdivision 3. 
           (b) A minnow dealer must obtain a minnow dealer's vehicle 
        license for each motor vehicle used to transport minnows.  The 
        serial number, motor vehicle license number, make, and model 
        must be on the license.  The license must be conspicuously 
        displayed in the vehicle.  
           (c) A minnow dealer may not transport minnows out of the 
        state without an exporting minnow dealer license.  A minnow 
        dealer must obtain an exporting minnow dealer's vehicle license 
        for each motor vehicle used to transport minnows out of the 
        state.  The serial number, motor vehicle license number, make, 
        and model must be on the license.  The license must be 
        conspicuously displayed in the vehicle.  
           (d) A person with a minnow dealer's license may sell 
        minnows at one retail outlet.  A minnow dealer must obtain a 
        minnow retailer license for each additional retail outlet 
        operated.  A minnow dealer operating a retail outlet under a 
        minnow dealer's license must list the following information for 
        the retail outlet:  name of the business; city; state; zip code; 
        and legal description or fire number.  The retail outlet name 
        and location may be changed by making application to the 
        commissioner. 
           Sec. 44.  Minnesota Statutes 1998, section 97C.605, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LICENSE REQUIRED.] A person may not take, 
        possess, buy, sell, or transport turtles without an angling 
        license, except as provided in subdivision 2.  
           Sec. 45.  Minnesota Statutes 1998, section 97C.605, 
        subdivision 2, is amended to read: 
           Subd. 2.  [SALES LICENSE.] (a) A person may not take, 
        possess, transport, or purchase turtles for sale without a 
        turtle seller's license, except as provided in this subdivision. 
           (b)  A person does not need a turtle seller's license is 
        not required to buy turtles for retail sale to consumers or an 
        angling license: 
           (1) when buying turtles for resale at a location licensed 
        by the department of agriculture or health for sale or 
        preparation of food retail outlet; 
           (2) of a person licensed by the department of agriculture 
        or health for sale or preparation of food; or 
           (3) of a person when buying a turtle at a retail outlet; or 
           (3) if the person is a nonresident buying a turtle from a 
        licensed turtle seller for export out of state.  Shipping 
        documents provided by the turtle seller must accompany each 
        shipment exported out of state by a nonresident.  Shipping 
        documents must include:  name, address, city, state, and zip 
        code of the buyer; number of each species of turtle; and name 
        and license number of the turtle seller.  
           Sec. 46.  Minnesota Statutes 1999 Supplement, section 
        169.1217, subdivision 7a, is amended to read: 
           Subd. 7a.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 
        motor vehicle used to commit a designated offense or used in 
        conduct resulting in a designated license revocation is subject 
        to administrative forfeiture under this subdivision. 
           (b) When a motor vehicle is seized under subdivision 2, the 
        appropriate agency shall serve the driver or operator of the 
        vehicle with a notice of the seizure and intent to forfeit the 
        vehicle.  Additionally, when a motor vehicle is seized under 
        subdivision 2, or within a reasonable time after that, all 
        persons known to have an ownership, possessory, or security 
        interest in the vehicle must be notified of the seizure and the 
        intent to forfeit the vehicle.  For those vehicles required to 
        be registered under chapter 168, the notification to a person 
        known to have a security interest in the vehicle is required 
        only if the vehicle is registered under chapter 168 and the 
        interest is listed on the vehicle's title.  Notice mailed by 
        certified mail to the address shown in department of public 
        safety records is sufficient notice to the registered owner of 
        the vehicle.  For motor vehicles not required to be registered 
        under chapter 168, notice mailed by certified mail to the 
        address shown in the applicable filing or registration for the 
        vehicle is sufficient notice to a person known to have an 
        ownership, possessory, or security interest in the vehicle. 
        Otherwise, notice may be given in the manner provided by law for 
        service of a summons in a civil action. 
           (c) The notice must be in writing and contain:  
           (1) a description of the vehicle seized; 
           (2) the date of seizure; and 
           (3) notice of the right to obtain judicial review of the 
        forfeiture and of the procedure for obtaining that judicial 
        review, printed in English, Hmong, and Spanish.  Substantially 
        the following language must appear conspicuously:  "IF YOU DO 
        NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
        STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT 
        TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
        RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.  YOU MAY NOT 
        HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
        UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS WORTH $7,500 OR 
        LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT.  YOU DO NOT 
        HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 
        WORTH LESS THAN $500." 
           (d) Within 30 days following service of a notice of seizure 
        and forfeiture under this subdivision, a claimant may file a 
        demand for a judicial determination of the forfeiture.  The 
        demand must be in the form of a civil complaint and must be 
        filed with the court administrator in the county in which the 
        seizure occurred, together with proof of service of a copy of 
        the complaint on the prosecuting authority having jurisdiction 
        over the forfeiture, and the standard filing fee for civil 
        actions unless the petitioner has the right to sue in forma 
        pauperis under section 563.01.  If the value of the seized 
        property is $7,500 or less, the claimant may file an action in 
        conciliation court for recovery of the seized vehicle.  If the 
        value of the seized property is less than $500, the claimant 
        does not have to pay the conciliation court filing fee.  No 
        responsive pleading is required of the prosecuting authority and 
        no court fees may be charged for the prosecuting authority's 
        appearance in the matter.  Except as provided in this section, 
        judicial reviews and hearings are governed by section 169.123, 
        subdivisions 5c and 6, and shall take place at the same time as 
        any judicial review of the person's license revocation under 
        section 169.123.  The proceedings may be combined with any 
        hearing on a petition filed under section 169.123, subdivision 
        5c, and are governed by the rules of civil procedure.  
           (e) The complaint must be captioned in the name of the 
        claimant as plaintiff and the seized vehicle as defendant, and 
        must state with specificity the grounds on which the claimant 
        alleges the vehicle was improperly seized and the plaintiff's 
        interest in the vehicle seized.  Notwithstanding any law to the 
        contrary, an action for the return of a vehicle seized under 
        this section may not be maintained by or on behalf of any person 
        who has been served with a notice of seizure and forfeiture 
        unless the person has complied with this subdivision. 
           (f) If the claimant makes a timely demand for a judicial 
        determination under this subdivision, the appropriate agency 
        must conduct the forfeiture under subdivision 8.  
           (g) If a demand for judicial determination of an 
        administrative forfeiture is filed under this subdivision and 
        the court orders the return of the seized vehicle, the court 
        shall order that filing fees be reimbursed to the person who 
        filed the demand.  In addition, the court may order sanctions 
        under section 549.211.  
           Sec. 47.  Minnesota Statutes 1999 Supplement, section 
        290.431, is amended to read: 
           290.431 [NONGAME WILDLIFE CHECKOFF.] 
           Every individual who files an income tax return or property 
        tax refund claim form may designate on their original return 
        that $1 or more shall be added to the tax or deducted from the 
        refund that would otherwise be payable by or to that individual 
        and paid into an account to be established for the management of 
        nongame wildlife.  The commissioner of revenue shall, on the 
        income tax return and the property tax refund claim form, notify 
        filers of their right to designate that a portion of their tax 
        or refund shall be paid into the nongame wildlife management 
        account.  The sum of the amounts so designated to be paid shall 
        be credited to the nongame wildlife management account for use 
        by the nongame program of the section of wildlife in the 
        department of natural resources.  All interest earned on money 
        accrued, gifts to the program, contributions to the program, and 
        reimbursements of expenditures in the nongame wildlife 
        management account shall be credited to the account by the state 
        treasurer, except that gifts or contributions received directly 
        by the commissioner of natural resources and directed by the 
        contributor for use in specific nongame field projects or 
        geographic areas shall be handled according to section 84.085, 
        subdivision 1.  The commissioner of natural resources shall 
        submit a work program for each fiscal year and semiannual 
        progress reports to the legislative commission on Minnesota 
        resources in the form determined by the commission.  None of the 
        money provided in this section may be expended unless the 
        commission has approved the work program.  
           The state pledges and agrees with all contributors to the 
        nongame wildlife management account to use the funds contributed 
        solely for the management of nongame wildlife projects and 
        further agrees that it will not impose additional conditions or 
        restrictions that will limit or otherwise restrict the ability 
        of the commissioner of natural resources to use the available 
        funds for the most efficient and effective management of nongame 
        wildlife. 
           Sec. 48.  Minnesota Statutes 1999 Supplement, section 
        290.432, is amended to read: 
           290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.] 
           A corporation that files an income tax return may designate 
        on its original return that $1 or more shall be added to the tax 
        or deducted from the refund that would otherwise be payable by 
        or to that corporation and paid into the nongame wildlife 
        management account established by section 290.431 for use by the 
        section of wildlife in the department of natural resources for 
        its nongame wildlife program.  The commissioner of revenue 
        shall, on the corporate tax return, notify filers of their right 
        to designate that a portion of their tax return be paid into the 
        nongame wildlife management account for the protection of 
        endangered natural resources.  All interest earned on money 
        accrued, gifts to the program, contributions to the program, and 
        reimbursements of expenditures in the nongame wildlife 
        management account shall be credited to the account by the state 
        treasurer, except that gifts or contributions received directly 
        by the commissioner of natural resources and directed by the 
        contributor for use in specific nongame field projects or 
        geographic areas shall be handled according to section 84.085, 
        subdivision 1.  The commissioner of natural resources shall 
        submit a work program for each fiscal year to the legislative 
        commission on Minnesota resources in the form determined by the 
        commission.  None of the money provided in this section may be 
        spent unless the commission has approved the work program. 
           The state pledges and agrees with all corporate 
        contributors to the nongame wildlife account to use the funds 
        contributed solely for the nongame wildlife program and further 
        agrees that it will not impose additional conditions or 
        restrictions that will limit or otherwise restrict the ability 
        of the commissioner of natural resources to use the available 
        funds for the most efficient and effective management of those 
        programs.  
           Sec. 49.  Minnesota Statutes 1999 Supplement, section 
        574.264, subdivision 1, is amended to read: 
           Subdivision 1.  [NATURAL RESOURCE DEVELOPMENT PROJECTS.] In 
        place of a performance or payment bond or bid deposit for a 
        state contract for a natural resource development project less 
        than $50,000 $100,000, the person required to file the bond or 
        bid deposit may deposit in a local designated state depository 
        or with the state treasurer a certified check, a cashier's 
        check, a postal, bank, or express money order, assignable bonds 
        or notes of the United States, or an assignment of a bank 
        savings account or investment certificate or an irrevocable bank 
        letter of credit, in the same amount that would be required for 
        the bond or bid deposit.  If securities listed in this section 
        are deposited, their value shall not be less than the amount 
        required for the bond or bid deposit and the person required to 
        file the bond or bid deposit shall submit an agreement 
        authorizing the commissioner to sell or otherwise take 
        possession of the securities in the event of default under the 
        contract or nonpayment of any persons furnishing labor and 
        materials under, or to perform, the contract.  
           Sec. 50.  Laws 1999, chapter 231, section 5, subdivision 4, 
        is amended to read: 
        Subd. 4.  Forest Management 
            34,670,000     35,175,000
                      Summary by Fund
        General              34,207,000    34,701,000
        Natural Resources       463,000       474,000
        $3,599,000 the first year and 
        $3,688,000 the second year are for 
        presuppression and suppression costs of 
        emergency fire fighting and other costs 
        incurred under Minnesota Statutes, 
        section 88.12, subdivision 2, related 
        to search and rescue operations.  If 
        the appropriation for either year is 
        insufficient to cover all costs of 
        suppression and search and rescue 
        operations, the amount necessary to pay 
        for emergency firefighting these 
        expenses during the biennium is 
        appropriated from the general fund.  If 
        money is spent under the appropriation 
        in the preceding sentence, the 
        commissioner of natural resources 
        shall, by 15 days after the end of the 
        following quarter, report on how the 
        money was spent to the chairs of the 
        house of representatives ways and means 
        committee, the environment and 
        agriculture budget division of the 
        senate environment and natural 
        resources committee, and the house of 
        representatives environment and natural 
        resources finance committee.  The 
        appropriations may not be transferred.  
        $722,000 the first year and $724,000 
        the second year are for programs and 
        practices on state, county, and private 
        lands to regenerate and protect 
        Minnesota's white pine.  Up to $280,000 
        of the appropriation in each year may 
        be used by the commissioner to provide 
        50 percent matching funds to implement 
        cultural practices for white pine 
        management on nonindustrial, private 
        forest lands at rates specified in the 
        Minnesota stewardship incentives 
        program manual.  Up to $150,000 of the 
        appropriation in each year may be used 
        by the commissioner to provide funds to 
        implement cultural practices for white 
        pine management on county-administered 
        lands through grant agreements with 
        individual counties, with priorities 
        for areas that experienced wind damage 
        in July 1995.  $40,000 each year is for 
        a study of the natural regeneration 
        process of white pine.  The remainder 
        of the funds in each fiscal year will 
        be available to the commissioner for 
        white pine regeneration and protection 
        on department-administered lands. 
        The commissioner may contract with and 
        make grants to nonprofit agencies to 
        carry out the purposes, plans, and 
        programs of the office of youth 
        programs, Minnesota conservation corps. 
        $61,000 the first year and $62,000 the 
        second year are for the focus on 
        community forests program, to provide 
        communities with natural resources 
        technical assistance. 
        $225,000 the first year is for grants 
        to local community forest ecosystem 
        health programs.  This appropriation is 
        available until June 30, 2001.  The 
        commissioner of natural resources shall 
        allocate individual grants of up to 
        $25,000 to local communities that match 
        the grants with nonstate money to 
        undertake projects that improve the 
        health of forest ecosystems, including 
        insect and disease suppression 
        programs, community-based forest health 
        education programs, and other 
        arboricultural treatments. 
        $100,000 the first year and $100,000 
        the second year are an increase in the 
        base appropriation for the Minnesota 
        conservation corps program activities.  
        $500,000 each year is for the 
        activities of the forest resources 
        council.  This is a one-time 
        appropriation. 
           Sec. 51.  [DEVELOPMENT OF SEARCH AND RESCUE OPERATIONS 
        CRITERIA.] 
           (a) By July 1, 2000, the superintendent of the bureau of 
        criminal apprehension and the commissioner of natural resources 
        shall develop criteria for determining the types of search and 
        rescue operations that may be supported under sections 8 and 50. 
           (b) By July 1, 2000, the superintendent and commissioner 
        shall report the criteria developed to the chairs and ranking 
        minority members of the senate and house committees and 
        divisions having jurisdiction over criminal justice and 
        environment and natural resources funding. 
           Sec. 52.  [WATER SUPPLY MANAGEMENT; LEGISLATIVE APPROVAL.] 
           According to Minnesota Statutes, section 103G.265, 
        subdivision 3, the legislature approves the granting of a permit 
        by the commissioner of natural resources to the city of Grand 
        Forks, North Dakota, for consumptive uses of more than 2,000,000 
        gallons of water per day average in a 30-day period from the Red 
        River of the North for municipal water supply purposes.  
        Approval granted under this section is limited and the term of 
        the permit shall not exceed January 1, 2005. 
           Sec. 53.  [REPEALER.] 
           Minnesota Statutes 1998, sections 93.07; 93.08; 93.09; 
        93.10; 93.11; 93.12; 93.13; 93.18; 93.19; 93.191; 93.192; 
        93.202; 93.23; 93.24; 93.283; 93.285, subdivisions 4 and 5; 
        93.30; 93.31; 93.32; 93.335, subdivisions 4 and 5; 93.34, 
        subdivisions 1 and 3; 93.351; 93.352; 93.353; 93.354; 93.355; 
        93.356; 93.357; 93.37; 93.38; 93.39; 93.42; and 97B.312, are 
        repealed. 
           Sec. 54.  [EFFECTIVE DATE.] 
           Sections 8 and 50 are effective July 1, 2000.  Sections 39 
        and 51 are effective the day following final enactment. 
           Presented to the governor May 19, 2000 
           Signed by the governor May 30, 2000, 2:07 p.m.