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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 206-H.F.No. 1497 
                  An act relating to natural resources; exempting 
                  certain charges from legislative approval; modifying 
                  certain provisions for taking small game; modifying 
                  terms for certain lakeshore land exchanges to include 
                  leased farmed wild rice lands; authorizing public and 
                  private sales of certain state lands in Lake county; 
                  authorizing conveyance of certain surplus state land 
                  in Mower county; adding to a state forest; adding to 
                  and creating wildlife management areas; authorizing 
                  the private conveyance of consolidated conservation 
                  land in Aitkin county; authorizing a land transfer for 
                  North Hennepin community college; providing for an 
                  exchange of land by the city of Bird Island; amending 
                  Minnesota Statutes 2000, sections 16A.1283; 97B.603; 
                  97B.901; Laws 1998, chapter 389, article 16, section 
                  31, subdivision 2, as amended. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 16A.1283, is 
        amended to read: 
           16A.1283 [LEGISLATIVE APPROVAL REQUIRED.] 
           (a) Notwithstanding any law to the contrary, an executive 
        branch state agency may not impose a new fee or increase an 
        existing fee unless the new fee or increase is approved by law.  
        For purposes of this section, a fee is any charge for goods, 
        services, regulation, or licensure, and, notwithstanding 
        paragraph (b), clause (3), includes charges for admission to or 
        for use of public facilities owned by the state. 
           (b) This section does not apply to: 
           (1) charges billed within or between state agencies, or 
        billed to federal agencies; 
           (2) the Minnesota state colleges and universities system; 
        or 
           (3) charges for goods and services provided for the direct 
        and primary use of a private individual, business, or other 
        entity; or 
           (4) charges that authorize use of state-owned lands and 
        minerals administered by the commissioner of natural resources 
        by the issuance of leases, easements, cooperative farming 
        agreements, and land and water crossing licenses and charges for 
        sales of state-owned lands administered by the commissioner of 
        natural resources. 
           (c) An executive branch agency may reduce a fee that was 
        set by rule before the effective date of this section without 
        legislative approval.  Chapter 14 does not apply to fee 
        reductions under this paragraph. 
           Sec. 2.  Minnesota Statutes 2000, section 97B.603, is 
        amended to read: 
           97B.603 [TAKING SMALL GAME AS A PARTY HUNTING.] 
           While two or more persons are hunting taking small game as 
        a party and maintaining unaided visual and vocal contact, a 
        member of the party may take and possess more than one limit of 
        small game, but the total number of small game taken and 
        possessed by the party may not exceed the limit of the number of 
        persons in the party that may take and possess small game.  This 
        section does not apply to the hunting of migratory game birds or 
        turkeys, except that a licensed turkey hunter may assist another 
        licensed turkey hunter for the same zone and time period as long 
        as the hunter does not shoot or tag a turkey for the other 
        hunter. 
           Sec. 3.  Minnesota Statutes 2000, section 97B.901, is 
        amended to read: 
           97B.901 [COMMISSIONER MAY REQUIRE TAGS ON REGISTRATION AND 
        TAGGING OF FUR-BEARING ANIMALS.] 
           (a) The commissioner may, by rule, require persons taking, 
        possessing, and transporting fur-bearing animals to tag the 
        animals.  The commissioner shall prescribe the manner of 
        issuance and the type of tag, which must show the year of 
        issuance.  The commissioner shall issue the tag, without a fee, 
        upon request. 
           (b) The pelt of each bobcat, fisher, pine marten, and otter 
        must be presented, by the person taking it, to a state wildlife 
        manager designee for registration before the pelt is sold and 
        before the pelt is transported out of the state, but in no event 
        more than 48 hours after the season closes for the species.  
        Until March 1, 2003, a possession or site tag is not required 
        prior to registration of the fisher, pine marten, or otter. 
           Sec. 4.  Laws 1998, chapter 389, article 16, section 31, 
        subdivision 2, as amended by Laws 1999, chapter 180, section 1, 
        and Laws 2000, chapter 488, article 3, section 31, is amended to 
        read: 
           Subd. 2.  [EXCHANGE OF COUNTY LAKESHORE LAND FOR LEASED 
        LAKESHORE LOTS; EXCHANGE OF COUNTY LAND FOR LEASED FARMED WILD 
        RICE LAND.] (a) For the purposes of this section: 
           (1) "county land" includes, but is not limited to, 
        tax-forfeited land administered by any county; 
           (2) "leased lakeshore lots" means lands leased by the 
        state, including lots for which leases have been canceled, 
        pursuant to Minnesota Statutes, section 92.46, subdivision 1; 
        and 
           (3) "plan for exchange" means a listing of parcels proposed 
        for exchange with legal descriptions, county estimates of 
        values, and maps and acreage for each parcel.  By July 1, 1999, 
        counties shall include exchange plans for all lakeshore lease 
        lots that are in substantial compliance with official controls.  
        The plan shall also include a timeline that provides for the 
        completion of the exchange of all remaining lakeshore lease lots 
        by December 31, 2000.  
           (b) By July 1, 1999, a county board with leased lakeshore 
        lots must petition the land exchange board with a plan for an 
        exchange of county land for leased lakeshore lots in the county 
        that are not listed by the commissioner pursuant to subdivision 
        1.  Notwithstanding Minnesota Statutes, section 94.342, the land 
        proposed for the exchange must be land bordering on or adjacent 
        to meandered or other public waters.  A county board proposing 
        an exchange under this section may include tax-forfeited land 
        administered by another county in the proposal with the consent 
        of that county board.  
           (c) In determining the value of the leased lakeshore lots 
        for purposes of the exchange, the land exchange board must 
        review an appraisal of each lot prepared by an appraiser 
        licensed by the commissioner of commerce.  The selection of the 
        appraiser must be agreed to by the commissioner of natural 
        resources and the county board of the county containing the 
        leased lakeshore lot.  The commissioner of natural resources 
        must pay the costs of appraisal and may recover these costs as 
        provided in this section.  The commissioner must submit 
        appraisals under this paragraph to the land exchange board by 
        June 1, 1999.  
           (d) The land exchange board must determine whether the land 
        offered for exchange by a county under this section is lakeshore 
        of substantially equal value to the leased lakeshore lots 
        included in the county's petition.  In making this 
        determination, the land exchange board must review an appraisal 
        of the land offered for exchange prepared by an appraiser 
        licensed by the commissioner of commerce.  The selection of the 
        appraiser must be agreed to by the commissioner of natural 
        resources and the county board of the county containing the 
        leased lakeshore lots.  The county must pay the costs of this 
        appraisal and may recover those costs as provided in this 
        section.  
           (e) Before the proposed exchange may be submitted to the 
        land exchange board, the commissioner of natural resources must 
        ensure that, whenever possible, state lands are added to the 
        leased lakeshore lots when necessary to provide conformance with 
        zoning official controls.  The lands added to the leased 
        lakeshore lots must be included in the appraised value of the 
        lots.  If the commissioner is unable to add the necessary land 
        to a lot, the lot shall be treated as if purchased at the time 
        the state first leased the site, for the purposes of local 
        zoning and other ordinances at the time of sale of the lot by 
        the county.  
           (f) Additional state or county lands, including state 
        riparian land leased for a commercial use, may be added to the 
        exchanges if mutually agreed upon by the commissioner and the 
        affected county board to meet county zoning standards or other 
        regulatory needs for the lots, for use of the land by the county 
        or state, or to avoid leaving unmanageable parcels of land in 
        state or county ownership after an exchange, or to dispose of 
        state commercial riparian leases.  The additional county land 
        may include nonriparian land, if the land is adjacent to county 
        land exchanged under this section and is beneficial to or 
        enhances the value of the school trust land.  Notwithstanding 
        Minnesota Statutes, chapter 282, or any other law to the 
        contrary, a county board may sell all or part of any additional 
        land to an owner of a lakeshore lot sold by the county under 
        this section, or sold by the state at a lakeshore lot sale, or 
        to the lessee of a commercial lease.  
           (g) In the event that commercial leased state land or 
        state-owned land leased for farming wild rice is proposed for 
        exchange, the state and county must submit to the land exchange 
        board prior to exchanges, without regard to the dates provided 
        in this section, the reports, appraisals, and plan for exchange 
        required by this section.  For the appraisal of the wild rice 
        farming leases, no improvements paid for by the lessee shall be 
        added to the value of the land.  The county is not required to 
        sell the commercially leased lands or wild rice farming leased 
        lands it receives from the state within the times stated in this 
        section.  For wild rice farming leased lands, the commissioner 
        of natural resources may enter into an agreement with the county 
        to pay the costs of appraisal and survey of the lands offered 
        for exchange by the county, with the commissioner reimbursed 
        from the proceeds of the sale for the costs of said appraisal 
        and survey.  Proceeds from the sale of wild rice farming leased 
        lands are not subject to subdivision 4. 
           (h) The land exchange board must determine whether the lots 
        are of substantially equal value and may approve the exchange, 
        notwithstanding the requirements of Minnesota Statutes, sections 
        94.342 to 94.347, relating to the approval process.  If the 
        board approves the exchange, the commissioner must exchange the 
        leased lakeshore lots for the county lands, together with any 
        additional state land provided for under this section, subject 
        to the requirements of the Minnesota Constitution, article XI, 
        section 10, relating to the reservation of mineral and water 
        power rights.  
           (i) The deeds between the state and counties for land 
        exchanges under this section are exempt from the deed tax 
        imposed by Minnesota Statutes, section 287.21. 
           (j) The deeds issued by the state and counties for the land 
        exchanges and sales to a lessee made pursuant to this section 
        are exempt from the requirements imposed for well disclosure by 
        Minnesota Statutes, section 103I.235, well sealing by Minnesota 
        Statutes, section 103I.311, and individual sewage treatment 
        system disclosure by Minnesota Statutes, section 115.55, 
        subdivision 6. 
           Sec. 5.  [PUBLIC SALE OF TRUST FUND LAND BORDERING PUBLIC 
        WATER; LAKE COUNTY.] 
           (a) Notwithstanding Minnesota Statutes, section 92.45, the 
        commissioner of natural resources may sell by public sale the 
        school trust land bordering public water that is described in 
        paragraph (c) under the remaining provisions of Minnesota 
        Statutes, chapter 92. 
           (b) The conveyance must be in a form approved by the 
        attorney general for consideration no less than the appraised 
        value of the land.  The attorney general may make necessary 
        changes to the legal description to correct errors and ensure 
        accuracy. 
           (c) The land to be sold is located in Lake county and is 
        three subdivided lots bordering White Iron lake, located in 
        Government Lot 7, Section 6, Township 62 North, Range 11 West.  
        The property is being surveyed by the department of natural 
        resources for legal subdivision. 
           (d) The commissioner has determined that the land is no 
        longer needed for any natural resource purpose and that the 
        state's land management interests would best be served if the 
        land was sold. 
           Sec. 6.  [PUBLIC SALE OF SURPLUS STATE LAND; LAKE COUNTY.] 
           (a) The commissioner of natural resources may sell by 
        public sale the surplus land that is described in paragraph (c) 
        under the provisions of Minnesota Statutes, chapter 94, except 
        that the commissioner need not comply with the requirements of 
        Minnesota Statutes, sections 94.09, subdivision 3, and 94.10, 
        subdivision 1, that the land first be offered for transfer of 
        custodial control to state departments and agencies and the 
        University of Minnesota, or sale to the city, county, town, 
        school district, or the public entity where the lands are 
        located. 
           (b) The conveyance must be in a form approved by the 
        attorney general for consideration no less than the appraised 
        value of the land.  The attorney general may make necessary 
        changes to the legal descriptions to correct errors and ensure 
        accuracy. 
           (c) The land to be sold is located in Lake county and is 
        described as: 
           that part of the Northwest Quarter of the Southeast Quarter 
        of Section 14, Township 54 North, Range 9 West, lying South of a 
        line drawn from the northwest corner thereof to a point on the 
        east line thereof distant 893 feet South of the northeast corner 
        of said Northwest Quarter of the Southeast Quarter, and westerly 
        of the following described line:  Commencing at the point of 
        termination of the above described line; thence northwesterly 
        along said above described line a distance of 495 feet to the 
        point of beginning of the line to be described; thence 
        southwesterly deflecting to the left at an angle of 77 degrees 
        27 minutes 32 seconds for a distance of 380 feet; thence 
        southeasterly deflecting to the left an angle of 90 degrees for 
        a distance of 460 feet to the center line of Minnesota trunk 
        highway No. 61; thence southwesterly along said center line to 
        the south line of said Northwest Quarter of the Southeast 
        Quarter and there terminating.  Subject to the easement for the 
        right-of-way of Minnesota trunk highway No. 61. 
           (d) The commissioner has determined that the land is no 
        longer needed for any natural resource purpose and that the 
        state's land management interests would best be served if the 
        land was returned to private ownership. 
           Sec. 7.  [PRIVATE SALE OF SURPLUS STATE LAND; LAKE COUNTY.] 
           (a) Notwithstanding Minnesota Statutes, sections 94.09 and 
        94.10, the commissioner of natural resources may sell to Lake 
        county by private sale the surplus land, and buildings located 
        thereon, that is described in paragraph (c) under the remaining 
        provisions of Minnesota Statutes, chapter 94. 
           (b) The conveyance must be in a form approved by the 
        attorney general.  The attorney general may make necessary 
        changes to the legal description to correct errors and ensure 
        accuracy.  Notwithstanding Minnesota Statutes, section 94.10, 
        subdivision 1, consideration may be for less than the appraised 
        value of the land and the land need not be used for a public 
        purpose. 
           (c) The land to be sold is located in Lake county and is 
        described as the westerly 235 feet of the northerly 82 feet of 
        the southerly 662 feet of the Southwest Quarter of the Southwest 
        Quarter of Southwest Quarter, Section 36, Township 53 North, 
        Range 11 West. 
           (d) The commissioner has determined that the land is no 
        longer needed for any natural resource purpose and that the 
        state's land management interests would best be served if the 
        land was sold to Lake county. 
           Sec. 8.  [CONVEYANCE OF SURPLUS STATE LAND; MOWER COUNTY.] 
           (a) Notwithstanding Minnesota Statutes, sections 94.09 to 
        94.16, the commissioner of natural resources may convey to the 
        holders of the life estate for no consideration the surplus 
        state land, including improvements, that is described in 
        paragraph (c). 
           (b) The conveyance must be in a form approved by the 
        attorney general. 
           (c) The land to be conveyed is located in Mower county in 
        the Mentel wildlife management area and is described as:  the 
        West 270.00 feet of the South 460.00 feet of the SW 1/4 of the 
        NW 1/4 of Section 5, Township 102 North, Range 17 West, subject 
        to highway easement on the south side thereof.  The described 
        tract contains 2.85 acres, more or less. 
           (d) The commissioner has determined that the land is no 
        longer needed for any state natural resource purpose and that 
        the state's land management interests would best be served if 
        the land was conveyed to the holders of the life estate.  The 
        holders of the life estate donated over 110 acres of land to the 
        Mentel wildlife management area, including the land described in 
        paragraph (c).  The holders of the life estate have requested 
        that the building site be returned to them.  The conveyance 
        gives the holders of the life estate full title free of state 
        interest. 
           Sec. 9.  [HILL LAKE WILDLIFE MANAGEMENT AREA.] 
           Subdivision 1.  [97A.133] [Subd. 29a.] [HILL LAKE WILDLIFE 
        MANAGEMENT AREA.] Hill Lake wildlife management area is 
        established in Aitkin county. 
           Subd. 2.  [BOUNDARIES.] The following described land is 
        located within the boundaries of Hill Lake wildlife management 
        area:  Lot 1, the unplatted portion, and Lot 2, the South 25 
        rods East of highway except the North 14 rods of West 23 rods of 
        South 25 rods, of Section 23, Township 52 North, Range 26 West. 
           Sec. 10.  [ADDITION TO STATE FOREST.] 
           [89.021] [Subd. 24.] [HILL RIVER STATE FOREST.] The 
        following area is added to the Hill River state forest:  
        NW1/4-SE1/4 and S1/2-SE1/4 of Section 22; NW1/4-SW1/4 of Section 
        23; S1/2-NW1/4, NE1/4-SW1/4, and S1/2-SW1/4 of Section 26; all 
        in Township 52 North, Range 26 West. 
           Sec. 11.  [ADDITION TO STATE WILDLIFE MANAGEMENT AREA.] 
           [97A.133] [Subd. 5.] [AITKIN WILDLIFE MANAGEMENT AREA, 
        AITKIN COUNTY.] The following area is added to the Aitkin 
        wildlife management area:  SW1/4 of Section 3, Township 47 
        North, Range 26 West. 
           Sec. 12.  [PRIVATE CONVEYANCE OF CONSOLIDATED CONSERVATION 
        LAND; AITKIN COUNTY.] 
           (a) Notwithstanding the classification and public sale 
        provisions of Minnesota Statutes, chapters 84A and 282, or other 
        law to the contrary, Aitkin county may sell to the city of Hill 
        City the consolidated conservation land that is described in 
        paragraph (c) under the remaining provisions of Minnesota 
        Statutes, chapters 84A and 282.  
           (b) The conveyance must be in a form approved by the 
        attorney general and must provide that the land reverts to the 
        state if it is not used for public purposes.  The consideration 
        for the conveyance must not be less than the appraised value of 
        the timber.  Proceeds shall be disposed of according to 
        Minnesota Statutes, chapter 84A.  
           (c) The land that may be sold is located in Aitkin county 
        and is described as:  SE1/4-NE1/4 and NE1/4-SE1/4 of Section 22, 
        Township 52 North, Range 26 West. 
           Sec. 13.  [NORTH HENNEPIN COMMUNITY COLLEGE LAND TRANSFER.] 
           Notwithstanding Minnesota Statutes, sections 94.09 to 
        94.16, the board of trustees of the Minnesota state colleges and 
        universities may transfer fee title to approximately 11 acres of 
        state-owned real estate north of 85th Avenue in Brooklyn Park 
        and operated by North Hennepin community college in exchange for 
        fee title to approximately 11 acres of land contiguous with land 
        currently owned by North Hennepin community college.  Before 
        completing the exchange, the board shall consult with and obtain 
        the advisory recommendations of the chairs of the house higher 
        education finance committee and the senate higher education 
        budget division. 
           Sec. 14.  [EXEMPT ACREAGE IN LAND EXCHANGE.] 
           The city of Bird Island may exchange a parcel of land owned 
        by it or acquired for it by a qualified intermediary, for a 
        parcel of agricultural real estate that is owned by an 
        individual exempt under Minnesota Statutes, section 500.221, 
        based on ownership being lawfully acquired prior to June 1, 
        1981.  Since there is no exception for exchanged property under 
        Minnesota Statutes, section 500.221, the exchange of the city's 
        parcel would result in the loss of exemption for the exchanged 
        property.  Accordingly, this act provides that the agricultural 
        land being exchanged for the parcel that is currently exempt 
        shall also be exempt under Minnesota Statutes, section 500.221, 
        as if it had been purchased by the owner prior to June 1, 1981.  
        Such exchanged parcel shall have exactly the same rights under 
        the statute as the parcel to be exchanged and the deeds used to 
        effectuate the transaction may so state. 
           Presented to the governor May 25, 2001 
           Signed by the governor May 29, 2001, 11:27 a.m.