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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 221-S.F.No. 2472 
                  An act relating to natural resources; providing for 
                  certain rulemaking exemptions; granting authorities to 
                  the commissioner of natural resources; authorizing 
                  fees; modifying civil penalties; amending Minnesota 
                  Statutes 2002, sections 83A.02; 84.027, by adding a 
                  subdivision; 84.029, by adding a subdivision; 84.033; 
                  84.0855, by adding a subdivision; 84.791, subdivision 
                  2, by adding a subdivision; 84.86, subdivision 1; 
                  84.8712, subdivision 2; 84.925, subdivision 1, by 
                  adding a subdivision; 84D.13, subdivision 5; 85.052, 
                  subdivisions 1, 2, by adding subdivisions; 85.055, 
                  subdivision 1a; 85.22, subdivision 3; 86A.05, 
                  subdivision 5; 86A.07, subdivision 3; 86A.21; 86B.321, 
                  subdivision 2; 86B.521, by adding a subdivision; 
                  88.79, by adding a subdivision; 89.012; 89.018, 
                  subdivisions 1, 2, by adding a subdivision; 89.19; 
                  89.21; 89.37, by adding a subdivision; 89.53, 
                  subdivision 1; 89.71, subdivision 1; 97A.101, 
                  subdivision 2; 97A.133, subdivision 3; 97A.135, 
                  subdivision 1; 97A.145, subdivision 1; 97B.015, by 
                  adding a subdivision; 97B.025; 103G.223; 103I.601, 
                  subdivision 3; 282.01, subdivision 3; Minnesota 
                  Statutes 2003 Supplement, sections 84.029, subdivision 
                  1; 84.775, subdivision 1; 84.780. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 83A.02, is 
        amended to read: 
           83A.02 [POWERS AND DUTIES.] 
           The commissioner of natural resources shall: 
           (1) determine the correct and most appropriate names of the 
        lakes, streams, places and other geographic features in the 
        state, and the spelling thereof by written order published in 
        the State Register.  Name designations are exempt from the 
        rulemaking provisions of chapter 14 and section 14.386 does not 
        apply; 
           (2) pass upon and give names to lakes, streams, places, and 
        other geographic features in the state for which no single, 
        generally accepted name has been in use; 
           (3) in cooperation with the county boards and with their 
        approval, change the names of lakes, streams, places, and other 
        geographic features, with the end in view of eliminating, as far 
        as possible, duplication of names within the state; 
           (4) prepare and publish an official state dictionary of 
        geographic names and publish the same, either as a completed 
        whole or in parts, when ready; 
           (5) serve as the state representative of the United States 
        Geographic Board and cooperate with that board to the end that 
        there shall be no conflict between the state and federal 
        designations of geographic features in the state.  
           Sec. 2.  Minnesota Statutes 2002, section 84.027, is 
        amended by adding a subdivision to read: 
           Subd. 16.  [COMMISSIONER TO ADMINISTER GRANTS 
        PROGRAMS.] Unless otherwise specified by law, the commissioner 
        may establish the procedures and criteria for selection of 
        projects funded through authorized grants and research 
        programs.  Procedures and criteria for selection are not subject 
        to the rulemaking provisions of chapter 14 and section 14.386 
        does not apply. 
           Sec. 3.  Minnesota Statutes 2003 Supplement, section 
        84.029, subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT, DEVELOPMENT, MAINTENANCE 
        AND OPERATION.] In addition to other lawful authority, the 
        commissioner of natural resources may establish, develop, 
        maintain, and operate recreational areas, including but not 
        limited to trails and canoe routes, for the use and enjoyment of 
        the public on any state-owned or leased land under the 
        commissioner's jurisdiction.  The commissioner may employ and 
        designate individuals according to section 85.04 to enforce laws 
        governing the use of recreational areas.  The commissioner may 
        establish the recreational areas by written order published in 
        the State Register. 
           Sec. 4.  Minnesota Statutes 2002, section 84.029, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [RULEMAKING EXEMPTION.] Authority exercised by 
        the commissioner according to this section is exempt from the 
        rulemaking provisions of chapter 14 and section 14.386. 
           Sec. 5.  Minnesota Statutes 2002, section 84.033, is 
        amended to read: 
           84.033 [SCIENTIFIC AND NATURAL AREAS.] 
           The commissioner of natural resources may acquire by gift, 
        lease, easement, or purchase, in the manner prescribed under 
        chapter 117, in the name of the state, lands or any interest in 
        lands suitable and desirable for establishing and maintaining 
        scientific and natural areas.  The commissioner shall designate 
        any land so acquired as a scientific and natural area by written 
        order published in the State Register and shall administer any 
        land so acquired and designated as provided by section 
        86A.05.  Designations of scientific and natural areas are exempt 
        from the rulemaking provisions of chapter 14 and section 14.386 
        does not apply. 
           Sec. 6.  Minnesota Statutes 2002, section 84.0855, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [EXEMPTION FROM RULEMAKING AND LEGISLATIVE 
        APPROVAL.] A fee charged under this section is not subject to 
        the rulemaking provisions of chapter 14 and section 14.386 does 
        not apply.  The commissioner may establish fees under this 
        section notwithstanding section 16A.1283. 
           Sec. 7.  Minnesota Statutes 2003 Supplement, section 
        84.775, subdivision 1, is amended to read: 
           Subdivision 1.  [CIVIL CITATION; AUTHORITY TO ISSUE.] (a) A 
        conservation officer or other licensed peace officer may issue a 
        civil citation to a person who operates: 
           (1) an off-highway motorcycle in violation of sections 
        84.773; 84.777; 84.788 to 84.795; or 84.90; 
           (2) an off-road vehicle in violation of sections 84.773; 
        84.777; 84.798 to 84.804; or 84.90; or 
           (3) an all-terrain vehicle in violation of sections 84.773; 
        84.777; 84.90; or 84.922 to 84.928.  
           (b) A civil citation shall require restitution for public 
        and private property damage and impose a penalty of no more than:
           (1) $100 for the first offense, no more than; 
           (2) $200 for the second offense,; and no more than 
           (3) $500 for third and subsequent offenses. 
           (c) If the peace officer determines that there is damage to 
        property requiring restitution, the commissioner must send a 
        written explanation of the extent of the damage and the cost of 
        the repair by first class mail to the address provided by the 
        person receiving the citation within 15 days of the date of the 
        citation. 
           Sec. 8.  Minnesota Statutes 2003 Supplement, section 
        84.780, is amended to read: 
           84.780 [OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.] 
           (a) The off-highway vehicle damage account is created in 
        the natural resources fund.  Money in the off-highway vehicle 
        damage account is appropriated to the commissioner of natural 
        resources for the repair or restoration of property damaged by 
        the operation of off-highway vehicles in an unpermitted area 
        after August 1, 2003, and for the costs of administration for 
        this section.  Before the commissioner may make a payment from 
        this account, the commissioner must determine whether the damage 
        to the property was caused by the unpermitted use of off-highway 
        vehicles, that the applicant has made reasonable efforts to 
        identify the responsible individual and obtain payment from the 
        individual, and that the applicant has made reasonable efforts 
        to prevent reoccurrence.  By June 30, 2005, the commissioner of 
        finance must transfer the remaining balance in the account to 
        the off-highway motorcycle account under section 84.794, the 
        off-road vehicle account under section 84.803, and the 
        all-terrain vehicle account under section 84.927.  The amount 
        transferred to each account must be proportionate to the amounts 
        received in the damage account from the relevant off-highway 
        vehicle accounts. 
           (b) Determinations of the commissioner under this section 
        may be made by written order and are exempt from the rulemaking 
        provisions of chapter 14.  Section 14.386 does not apply.  
           (c) This section expires July 1, 2005. 
           Sec. 9.  Minnesota Statutes 2002, section 84.791, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FEE FEES.] For the purposes of administering the 
        program and to defray a portion of the expenses of training and 
        certifying vehicle operators, the commissioner shall collect a 
        fee not to exceed $5 from each person who receives the training. 
        The commissioner shall collect a fee for issuing a duplicate 
        off-highway motorcycle safety certificate.  The commissioner 
        shall establish the fee for a duplicate off-highway motorcycle 
        safety certificate that neither significantly overrecovers nor 
        underrecovers costs, including overhead costs, involved in 
        providing the service.  The fees must be deposited in the state 
        treasury and credited to the off-highway motorcycle account. 
           Sec. 10.  Minnesota Statutes 2002, section 84.791, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [EXEMPTION FROM RULEMAKING AND LEGISLATIVE 
        APPROVAL.] The fees provided for under subdivision 2 are not 
        subject to the rulemaking provisions of chapter 14 and section 
        14.386 does not apply.  The commissioner may establish the fees 
        under subdivision 2 notwithstanding section 16A.1283. 
           Sec. 11.  Minnesota Statutes 2002, section 84.86, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIRED RULES.] 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 
        collect a fee for issuing a duplicate snowmobile safety 
        certificate.  The commissioner shall establish a fee both fees 
        in a manner that neither significantly overrecovers nor 
        underrecovers costs, including overhead costs, involved in 
        providing the services.  The fee is fees are not subject to the 
        rulemaking provisions of chapter 14 and section 14.386 does not 
        apply.  The fees may be established by the commissioner 
        notwithstanding section 16A.1283.  The fees must be deposited in 
        the snowmobile trails and enforcement account and the amount 
        thereof is appropriated annually to the 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. 12.  Minnesota Statutes 2002, section 84.8712, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CIVIL CITATION; AUTHORITY TO ISSUE.] 
        Conservation officers and other licensed peace officers may 
        issue civil citations to a person who operates a snowmobile in 
        violation of this section or section 84.8713.  The citation must 
        impose a penalty of no more than $50 for the first offense, no 
        more than $300 $200 for the second offense, and no more than 
        $600 $500 for third and subsequent offenses.  
           Sec. 13.  Minnesota Statutes 2002, 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 $15 
        from each person who receives the training.  The commissioner 
        shall collect a fee for issuing a duplicate all-terrain vehicle 
        safety certificate.  The commissioner shall establish the fee 
        for a duplicate all-terrain vehicle safety certificate that 
        neither significantly overrecovers nor underrecovers costs, 
        including overhead costs, involved in providing the service.  
        Fee proceeds shall be deposited in the all-terrain vehicle 
        account in the natural resources fund. 
           (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.  By June 30, 
        2003, the commissioner shall incorporate a riding component in 
        the safety education and training program. 
           Sec. 14.  Minnesota Statutes 2002, section 84.925, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [EXEMPTION FROM RULEMAKING AND LEGISLATIVE 
        APPROVAL.] The fee to issue a duplicate all-terrain vehicle 
        safety certificate under subdivision 1 is not subject to the 
        rulemaking provisions of chapter 14 and section 14.386 does not 
        apply.  The commissioner may establish the duplicate all-terrain 
        safety certificate fee notwithstanding section 16A.1283. 
           Sec. 15.  Minnesota Statutes 2002, section 84D.13, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CIVIL PENALTIES.] A civil citation issued under 
        this section may must impose civil penalties up to the following 
        penalty amounts: 
           (1) for transporting aquatic macrophytes on a forest road 
        as defined by section 89.001, subdivision 14, road or highway as 
        defined by section 160.02, subdivision 26, or any other public 
        road, $50; 
           (2) for placing or attempting to place into waters of the 
        state a watercraft, a trailer, or plant harvesting equipment 
        that has aquatic macrophytes attached, $100; 
           (3) for transporting a prohibited exotic species other than 
        an aquatic macrophyte, $100; 
           (4) for placing or attempting to place into waters of the 
        state a watercraft, a trailer, or plant harvesting equipment 
        that has prohibited exotic species attached when the waters are 
        not designated by the commissioner as being infested with that 
        species, $500 for the first offense and $1,000 for each 
        subsequent offense; 
           (5) for angling, anchoring, or operating a watercraft in a 
        marked area of a Eurasian water milfoil limited infestation, 
        other than as provided by law, $100; and 
           (6) for intentionally damaging, moving, removing, or 
        sinking a buoy marking, as prescribed by rule, Eurasian water 
        milfoil, $100. 
           Sec. 16.  Minnesota Statutes 2002, section 85.052, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RULES AUTHORITY TO ESTABLISH.] (a) The 
        commissioner may make rules establish, by written order, 
        provisions for the use of state parks including for the 
        following: 
           (1) special parking space for automobiles or other 
        motor-driven vehicles in a state park or state recreation area; 
           (2) special parking spurs, campgrounds for automobiles, 
        sites for tent camping, and special auto trailer coach parking 
        spaces, for the use of the individual charged for the space; 
           (3) improvement and maintenance of golf courses already 
        established in state parks, and charging reasonable use 
        fees; and 
           (4) state park pageant areas that may be established in a 
        state park to have historical or other pageants conducted by the 
        commissioner of a state agency or other public agency; and 
           (5) providing water, sewer, and electric service to trailer 
        or tent campsites and charging a reasonable use fee.  
           (b) Provisions established under paragraph (a) are exempt 
        from section 16A.1283 and the rulemaking provisions of chapter 
        14.  Section 14.386 does not apply. 
           Sec. 17.  Minnesota Statutes 2002, section 85.052, 
        subdivision 2, is amended to read: 
           Subd. 2.  [STATE PARK PAGEANTS.] (a) The commissioner may 
        stage state park pageants in a state park, municipal park, or on 
        other land near or adjoining a state park and charge an entrance 
        or use fee for the pageant.  All receipts from the pageants must 
        be used in the same manner as though the pageants were conducted 
        in a state park.  
           (b) The commissioner may establish, by written order, state 
        park pageant areas to hold historical or other pageants 
        conducted by the commissioner of a state agency or other public 
        agency.  Establishment of the areas is exempt from the 
        rulemaking provisions of chapter 14 and section 14.386 does not 
        apply. 
           Sec. 18.  Minnesota Statutes 2002, section 85.052, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [ESTABLISHING FEES.] Except as otherwise 
        specified in law, and notwithstanding sections 16A.1283 and 
        16A.1285, subdivision 2, the commissioner shall, by written 
        order, establish fees providing for the use of state parks and 
        state recreation areas.  The fees are not subject to the 
        rulemaking provisions of chapter 14 and section 14.386 does not 
        apply. 
           Sec. 19.  Minnesota Statutes 2002, section 85.052, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [STATE PARK RESERVATION SYSTEM.] The commissioner 
        may, by written order, develop reasonable reservation policies 
        for campsites and other lodging.  These policies are exempt from 
        rulemaking provisions under chapter 14 and section 14.386 does 
        not apply. 
           Sec. 20.  Minnesota Statutes 2002, section 85.055, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [PATRON PERMIT FEE.] Notwithstanding section 
        16A.1283, the commissioner of natural resources may develop, by 
        written order, provide a special patron permit requiring 
        allowing persons to pay an additional amount above the annual 
        permit fee required in subdivision 1.  The additional amount 
        paid under this subdivision shall be deposited in the state 
        treasury and credited to the working capital account under 
        section 85.22, subdivision 1 is not subject to the rulemaking 
        provisions of chapter 14 and section 14.386 does not apply. 
           Sec. 21.  Minnesota Statutes 2002, section 85.22, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CHARGES SUFFICIENT TO DEFRAY EXPENSES.] 
        Notwithstanding section 16A.1283, the commissioner of natural 
        resources shall, by written order, adjust the schedule of 
        charges for operating facilities within state parks so as to 
        produce income sufficient to defray all expenses required to 
        provide proper operations of said facilities.  An adjustment to 
        the schedule of charges is not subject to the rulemaking 
        provisions of chapter 14 and section 14.386 does not apply.  
           Sec. 22.  Minnesota Statutes 2002, section 86A.05, 
        subdivision 5, is amended to read: 
           Subd. 5.  [STATE SCIENTIFIC AND NATURAL AREAS; PURPOSE; 
        RESOURCE AND SITE QUALIFICATIONS; ADMINISTRATION; DESIGNATION.] 
        (a) A state scientific and natural area shall be established to 
        protect and perpetuate in an undisturbed natural state those 
        natural features which possess exceptional scientific or 
        educational value.  
           (b) No unit shall be authorized as a scientific and natural 
        area unless its proposed location substantially satisfies the 
        following criteria: 
           (1) Embraces natural features of exceptional scientific and 
        educational value, including but not limited to any of the 
        following: 
           (i) natural formations or features which significantly 
        illustrate geological processes; 
           (ii) significant fossil evidence of the development of life 
        on earth; 
           (iii) an undisturbed plant community maintaining itself 
        under prevailing natural conditions typical of Minnesota; 
           (iv) an ecological community significantly illustrating the 
        process of succession and restoration to natural condition 
        following disruptive change; 
           (v) a habitat supporting a vanishing, rare, endangered, or 
        restricted species of plant or animal; 
           (vi) a relict flora or fauna persisting from an earlier 
        period; or 
           (vii) a seasonal haven for concentrations of birds and 
        animals, or a vantage point for observing concentrated 
        populations, such as a constricted migration route; and 
           (2) Embraces an area large enough to permit effective 
        research or educational functions and to preserve the inherent 
        natural values of the area.  
           (c) State scientific and natural areas shall be 
        administered by the commissioner of natural resources, in 
        consultation with qualified persons, in a manner which is 
        consistent with the purposes of this subdivision to preserve, 
        perpetuate and protect from unnatural influences the scientific 
        and educational resources within them.  Interpretive studies may 
        be provided for the general public.  Physical development shall 
        be limited to the facilities absolutely necessary for 
        protection, research, and educational projects, and, where 
        appropriate, for interpretive services. 
           (d) An area designated as a state scientific and natural 
        area shall not be altered in designation or use without holding 
        a public hearing on the matter at a time and place designated in 
        the notice of the hearing, which shall be published once in a 
        legal newspaper in each county in which the lands are situated 
        at least seven days in advance of the hearing.  At the hearing 
        the commissioner shall provide an opportunity for any person to 
        be heard.  The commissioner may designate these areas by written 
        order published in the State Register.  Designations are not 
        subject to the rulemaking provisions of chapter 14 and section 
        14.386 does not apply. 
           (e) At the discretion of the managing agency, each 
        scientific and natural area shall be designated as one of the 
        following types: 
           (i) Research unit.  Use is limited to programs conducted by 
        qualified scientists and college graduate and postgraduate 
        students.  
           (ii) Educational unit.  Permitted uses include all 
        activities specified in paragraph (i) above and primary, 
        secondary, and college undergraduate programs.  
           (iii) Public use unit.  Permitted uses include all uses 
        permitted in paragraphs (i) and (ii) above and interpretive 
        programs for the benefit of the general public.  
           Sec. 23.  Minnesota Statutes 2002, section 86A.07, 
        subdivision 3, is amended to read: 
           Subd. 3.  [AUTHORIZATION BY DESIGNATION.] In any instance 
        where a managing agency, or the commissioner of administration 
        on behalf of the managing agency, is specifically empowered by 
        law to acquire lands or waters or any interest in lands or 
        waters for the purpose of establishing units of the outdoor 
        recreation system a unit may be authorized upon (1) the 
        acquisition of land and waters pursuant to the lawful exercise 
        of the power to acquire and (2) the designation by the managing 
        agency of the land and waters as a classified unit of the 
        outdoor recreation system by written order published in the 
        State Register.  Designations are not subject to the rulemaking 
        provisions of chapter 14 and section 14.386 does not apply.  
           Sec. 24.  Minnesota Statutes 2002, section 86A.21, is 
        amended to read: 
           86A.21 [POWERS AND DUTIES OF COMMISSIONER.] 
           (a) The commissioner may:  
           (1) acquire, construct, and maintain small craft harbors, 
        channels, and facilities for recreational watercraft in the 
        navigable waters lying within the locations identified in Laws 
        1993, chapter 333, section 1; 
           (2) acquire by purchase, lease, gift, or condemnation the 
        lands, rights-of-way, easements, and other interests necessary 
        for small craft harbors, channels, mooring facilities, marinas, 
        launching ramps, and facilities normally used to support harbors 
        of refuge, channels, docks, and launching ramps; 
           (3) provide the public within the boundaries of small craft 
        harbors, through leases of public property, with mooring 
        facilities and marinas developed and operated by public or 
        nonpublic entities at no cost to the state or its political 
        subdivisions; 
           (4) charge fees for both seasonal and daily moorage at 
        state-operated or state-assisted small craft harbors and mooring 
        facilities; 
           (5) collect the proceeds from the sale of marine fuel at 
        small craft harbors or mooring facilities operated by the state. 
           (b) Fees and proceeds collected under paragraph (a) must be 
        credited to the water recreation account.  The sale prices of 
        marine fuel and petroleum supplies and fees under paragraph (a) 
        are not subject to the rulemaking provisions of chapter 14 and 
        section 14.386 does not apply.  The commissioner may establish 
        the fees under paragraph (a) notwithstanding section 16A.1283.  
        The fees and proceeds are appropriated to the commissioner of 
        natural resources and must be used for purposes relating to 
        mooring facilities and small craft harbors, including: 
           (1) operation and maintenance; 
           (2) purchase of marine fuel and other petroleum supplies; 
           (3) replacement or expansion; or 
           (4) debt service on funds provided through the sale of 
        state bonds.  
           (c) Fees collected at small craft harbors and boating 
        facilities constructed or operated by local units of government 
        with financial assistance from the state shall, after payment of 
        the costs of operating and maintaining the facilities, be used 
        for purposes relating to mooring facilities and small craft 
        harbors, including: 
           (1) operation and maintenance; 
           (2) replacement or expansion; or 
           (3) debt service on funds provided through the sale of 
        state bonds. 
           Sec. 25.  Minnesota Statutes 2002, section 86B.321, 
        subdivision 2, is amended to read: 
           Subd. 2.  [NOISE LIMITS.] (a) The noise limits for the 
        total noise from the marine engine or motorboat may not exceed:  
           (1) for marine engines or motorboats manufactured before 
        January 1, 1982, a noise level of 84 decibels on the A scale 
        measured at a distance of 50 feet from the motorboat or 
        equivalent noise levels at other distances as specified by the 
        commissioner; and 
           (2) for marine engines or motorboats manufactured on or 
        after January 1, 1982, a noise level of 82 decibels on the A 
        scale measured at a distance of 50 feet from the motorboat or 
        equivalent noise levels at other distances as specified by the 
        commissioner.  
           (b) The noise limits in paragraph (a) do not preclude 
        enforcement of other laws relating to motorboat noise.  
           (c) Equivalent noise levels under paragraph (a) shall be 
        specified by the commissioner by written order and published in 
        the State Register.  The noise level determinations are exempt 
        from the rulemaking provisions of chapter 14 and section 14.386 
        does not apply. 
           Sec. 26.  Minnesota Statutes 2002, section 86B.521, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [RULEMAKING EXEMPTION.] The test procedures under 
        subdivisions 2, 3, and 4 shall be established by written order 
        by the commissioner and published in the State Register.  The 
        establishment of test procedures is exempt from the rulemaking 
        provisions of chapter 14 and section 14.386 does not apply. 
           Sec. 27.  Minnesota Statutes 2002, section 88.79, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [RULEMAKING EXEMPTION.] The charge for forest 
        management services and cost-sharing conservation practices 
        under this section are not subject to the rulemaking provisions 
        of chapter 14 and section 14.386 does not apply. 
           Sec. 28.  Minnesota Statutes 2002, section 89.012, is 
        amended to read: 
           89.012 [UNIT FOREST RESOURCE PLANS.] 
           Each geographic administrative unit of the Division of 
        Forestry identified by the commissioner as an appropriate unit 
        for forest resource planning shall have a unit forest resource 
        plan which is consistent with the forest resource management 
        policy and plan, including state reforestation and road 
        policies.  The scope and content of the plan shall be determined 
        by the commissioner.  The plan is not subject to the rulemaking 
        provisions of chapter 14 and section 14.386 does not apply.  A 
        unit plan shall not be implemented until approved by the 
        commissioner by written order that is published in the State 
        Register.  
           A unit plan shall set forth the specific goals and 
        objectives for the management, protection, development, and 
        production of forest resources in the administrative unit.  A 
        unit plan shall be integrated with other uses not managed under 
        the multiple use, sustained yield principles policy when those 
        uses have been authorized and approved according to law, 
        including compliance with environmental review procedures.  Unit 
        plans shall be revised as necessary to remain consistent with 
        the forest resource management plan.  
           Sec. 29.  Minnesota Statutes 2002, section 89.018, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT; TERMINATION.] (a) The 
        commissioner may establish, by written order published in the 
        State Register, heritage forest areas within counties named 
        under this subdivision if: 
           (1) the commissioner determines that establishment is 
        consistent with the purposes of the heritage forest; and 
           (2) the county board has submitted a resolution to the 
        commissioner delineating and requesting establishment of the 
        heritage forest areas of the county. 
           (b) The named counties for the Big Woods Heritage Forest 
        are: 
           (1) Blue Earth; 
           (2) Carver; 
           (3) Dakota; 
           (4) Hennepin; 
           (5) Le Sueur; 
           (6) McLeod; 
           (7) Meeker; 
           (8) Nicollet; 
           (9) Rice; 
           (10) Sibley; 
           (11) Scott; 
           (12) Waseca; and 
           (13) Wright. 
           (c) The commissioner may terminate the heritage forest 
        status of an area within a county if the commissioner determines 
        that the termination would be in the public interest and the 
        county board has submitted a resolution to the commissioner 
        requesting termination. 
           Sec. 30.  Minnesota Statutes 2002, section 89.018, 
        subdivision 2, is amended to read: 
           Subd. 2.  [COMMISSIONER'S POWERS.] (a) Within areas 
        established as a heritage forest under subdivision 1, the 
        commissioner may: 
           (1) designate, by written order published in the State 
        Register, any commissioner-administered state-owned lands as 
        heritage forest lands for management purposes, including lands 
        that have previously been designated for another purpose; 
           (2) accept donations of land, including easements under 
        subdivision 3, for heritage forest management; 
           (3) manage lands designated by local governments for 
        heritage forest management; and 
           (4) contract with other agencies or organizations for 
        management services, including any required monitoring 
        activities. 
           (b) Lands designated under paragraph (a), clause (1), that 
        were previously designated by law or by the commissioner 
        continue to be subject to requirements and uses authorized under 
        the previous designation. 
           Sec. 31.  Minnesota Statutes 2002, section 89.018, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [RULEMAKING EXEMPTION.] Designations under 
        subdivisions 1 and 2 are not subject to the rulemaking 
        provisions of chapter 14 and section 14.386 does not apply. 
           Sec. 32.  Minnesota Statutes 2002, section 89.19, is 
        amended to read: 
           89.19 [RULES.] 
           Subdivision 1.  [RULEMAKING AUTHORITY.] The commissioner 
        may prescribe rules governing the use of forest lands under the 
        authority of the commissioner and state forest roads, or any 
        parts thereof, by the public and governing the exercise by 
        holders of leases or permits on forest lands and state forest 
        roads of all their rights under the leases or permits.  
           Subd. 2.  [RULEMAKING EXEMPTION.] Designations of forest 
        trails by the commissioner shall be by written order published 
        in the State Register.  Designations are not subject to the 
        rulemaking provisions of chapter 14 and section 14.386 does not 
        apply.  Before designating forest trails, the commissioner shall 
        hold a public meeting in the county where the largest portion of 
        the forest lands are located to provide information to and 
        receive comment from the public regarding the proposed trail 
        designation.  Sixty days before the public meeting, notice of 
        the proposed forest trail shall be published in the legal 
        newspapers that serve the counties in which the lands are 
        located, in a statewide Department of Natural Resources news 
        release, and in the State Register. 
           Sec. 33.  Minnesota Statutes 2002, section 89.21, is 
        amended to read: 
           89.21 [CAMPGROUNDS, ESTABLISHMENT AND FEES.] 
           (a) The commissioner is authorized to establish and develop 
        state forest campgrounds and may establish minimum standards not 
        inconsistent with the laws of the state for the care and use of 
        such campgrounds and charge fees for such uses as specified by 
        the commissioner of natural resources.  
           (b) Notwithstanding section 16A.1283, the commissioner 
        shall, by written order, establish fees providing for the use of 
        state forest campgrounds.  The fees are not subject to the 
        rulemaking provisions of chapter 14 and section 14.386 does not 
        apply. 
           (c) All fees shall be deposited in the general fund.  
           Sec. 34.  Minnesota Statutes 2002, section 89.37, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [RULEMAKING EXEMPTION.] The sale price of 
        planting stock and native tree seeds distributed by the 
        commissioner under this section is not subject to the rulemaking 
        provisions of chapter 14 and section 14.386 does not apply.  The 
        commissioner may establish the sale price of planting stock and 
        native tree seeds notwithstanding section 16A.1283. 
           Sec. 35.  Minnesota Statutes 2002, section 89.53, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COMMISSIONER'S DUTIES; NOTICE OF CONTROL 
        MEASURES.] Whenever the commissioner finds that an area in the 
        state is infested or threatened to be infested with forest 
        pests, the commissioner shall determine whether measures of 
        control are needed and are available and the area over which the 
        control measures shall be applied.  The commissioner shall 
        prescribe a proposed zone of infestation covering the area in 
        which control measures are to be applied and shall publish 
        notice of the proposal once a week, for two successive weeks in 
        a newspaper having a general circulation in each county located 
        in whole or in part in the proposed zone of 
        infestation.  Prescribing zones of infestation is exempt from 
        the rulemaking provisions of chapter 14 and section 14.386 does 
        not apply. 
           Sec. 36.  Minnesota Statutes 2002, section 89.71, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DESIGNATION, INVENTORY, RECORDING.] Forest 
        roads, bridges, and other improvements administered under 
        section 89.002, subdivision 3, are designated as state forest 
        roads to the width of the actual use including ditches, 
        backslopes, fills, and maintained right-of-way, unless otherwise 
        specified in a prior easement of record.  The commissioner may 
        designate forest roads by written order published in the State 
        Register.  The commissioner may undesignate, by written order 
        published in the State Register, all or part of a state forest 
        road that is not needed to carry out forest resource management 
        policy.  Designations and undesignations are not subject to the 
        rulemaking provisions of chapter 14 and section 14.386 does not 
        apply.  The commissioner shall maintain and keep current an 
        inventory listing and describing roads in which the state claims 
        a right or property interest for state forest road purposes.  
        The commissioner may file for record with a county recorder or 
        registrar of titles appropriate documents setting forth the 
        state's interest in all or part of any state forest road.  
           Sec. 37.  Minnesota Statutes 2002, section 97A.101, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MANAGEMENT DESIGNATION.] (a) The commissioner 
        may designate, reserve, and manage public waters for wildlife 
        after giving notice and holding a public hearing.  The hearing 
        must be held in the county where the major portion of the waters 
        is located.  Notice of the hearing must be published in a legal 
        newspaper within each county where the waters are located at 
        least seven days before the hearing.  The designation by the 
        commissioner shall be by written order published in the State 
        Register.  Designations are not subject to the rulemaking 
        provisions of chapter 14 and section 14.386 does not apply. 
           (b) The commissioner may contract with riparian owners for 
        water projects under section 103G.121, subdivision 3, and may 
        acquire land, accept local funding, and construct, maintain, and 
        operate structures to control water levels under section 
        103G.505 to manage designated waters.  
           Sec. 38.  Minnesota Statutes 2002, section 97A.133, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ALL-TERRAIN VEHICLE TRAVEL WITHIN DESIGNATED 
        WILDLIFE MANAGEMENT AREAS.] (a) On lands acquired by the state 
        under chapter 84A that are designated after January 1, 1986, as 
        wildlife management areas, the commissioner shall, by January 
        15, 2004, identify, designate, and sign at least 90 miles of 
        all-terrain vehicle trails, not including public roads that are 
        maintained and open to travel by other noncommercial vehicles, 
        in corridors of disturbance that: 
           (1) the commissioner determines are appropriate to connect 
        trails, forest roads established under section 89.71, 
        subdivision 1, and public highways to provide reasonable travel 
        for all-terrain vehicles; or 
           (2) are areas of historic all-terrain vehicle use, 
        including trails that end within a wildlife management area. 
           The designated trails must be either within or contiguous 
        to the wildlife management areas.  The commissioner shall 
        consult with wildlife management area users, including both 
        motorized and nonmotorized trail users, in identifying and 
        designating trails under this paragraph.  Trail establishment 
        must be in compliance with other state and federal law.  Local 
        governments and other trail sponsors may propose the designation 
        of trails, including the designation as a grant-in-aid trail for 
        the purposes of funding under section 84.927, subdivision 
        2.  Designation of trails by the commissioner, authorized under 
        this subdivision, shall be by written order published in the 
        State Register.  Designations are not subject to the rulemaking 
        provisions of chapter 14 and section 14.386 does not apply. 
           (b) The following roads shall be open to travel by 
        all-terrain vehicles when the roads are open to other 
        noncommercial vehicles: 
           (1) the Rapid River Forest Road, beginning at the west 
        boundary of the Red Lake Wildlife Management Area at the 
        southwest corner of Section 7, Township 156 North, Range 35 
        West, Beltrami County, thence in an easterly and northeasterly 
        direction through the Red Lake Wildlife Management Area to the 
        east boundary of the Red Lake Wildlife Management Area at the 
        southwest corner of Section 7, Township 157 North, Range 33 
        West, Lake of the Woods County; 
           (2) the Blanchard Forest Road, beginning at the junction of 
        the North Shore Road along the northern shore of Upper Red Lake 
        and the Blanchard State Forest Road at the west section line of 
        Section 30, Township 155 North, Range 31 West, Beltrami County, 
        thence in a westerly direction to the west section line of 
        Section 31, Township 155 North, Range 32 West; 
           (3) the Moose River Forest Road, beginning at the junction 
        of Dick's Parkway State Forest Road and the Moose River State 
        Forest Road at the southwest corner of Section 31, Township 36 
        West, Range 158 North, thence in a westerly direction along the 
        Moose River State Forest Road to the junction of Beltrami County 
        Road 706; and 
           (4) the existing west access road to the Moose River dike, 
        which is included in meeting the required all-terrain vehicle 
        trail mileage specified in paragraph (a). 
           (c) The commissioner shall sign each road and trail 
        designated under this subdivision indicating the motorized uses 
        allowed. 
           (d) During the regular firearms deer season, on all 
        wildlife management area lands within the area described in 
        paragraph (e), a person licensed to take deer may operate an 
        all-terrain vehicle: 
           (1) before legal shooting hours; 
           (2) after legal shooting hours; and 
           (3) from 11:00 a.m. to 2:00 p.m. 
           (e) Paragraph (d) applies from where State Highway No. 1 
        intersects the west boundary of the Red Lake Indian Reservation, 
        then west to State Highway No. 219, then north on State Highway 
        No. 219 to State Highway No. 89, then north on State Highway No. 
        89 to County Highway No. 6, then east on County Highway No. 6 to 
        County Highway No. 54 and County Highway No. 1 
        (Beltrami/Marshall county line) then north along the 
        Beltrami/Marshall county line to Roseau county line, then east 
        on Beltrami/Roseau county line to Dick's Parkway, then south on 
        Dick's Parkway to County Road No. 704, Beltrami County, then 
        south to County State-Aid Highway No. 44 to Fourtown, then south 
        on State Highway No. 89 to the north boundary of the Red Lake 
        Indian Reservation, then west and south following the boundary 
        of the Red Lake Indian Reservation to where it intersects State 
        Highway No. 1. 
           (f) For the purposes of this subdivision, "corridors of 
        disturbance" means rights-of-way such as ditches, ditch banks, 
        transmission lines, pipelines, permanent roads, winter roads, 
        and recreational trails.  The existence of a corridor of 
        disturbance eligible for corridor designation may be 
        demonstrated by physical evidence, document recorded in the 
        office of the county recorder or other public official, aerial 
        survey, or other evidence similar to the above.  Cross-country 
        motorized use of land shall not cause that land to be considered 
        a corridor of disturbance. 
           Sec. 39.  Minnesota Statutes 2002, section 97A.135, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PUBLIC HUNTING AND WILDLIFE AREAS.] (a) 
        The commissioner or the commissioner of administration shall 
        acquire and improve land for public hunting, game refuges, and 
        food and cover planting.  The land may be acquired by a gift, 
        lease, easement, purchase, or condemnation.  At least two-thirds 
        of the total area acquired in a county must be open to public 
        hunting.  The commissioner may designate, by written order 
        published in the State Register, land acquired under this 
        subdivision as a wildlife management area for the purposes of 
        the outdoor recreation system.  Designations of wildlife 
        management areas are exempt from the rulemaking provisions of 
        chapter 14 and section 14.386 does not apply.  
           (b) The commissioner of administration may transfer money 
        to the commissioner for acquiring wildlife lands to qualify for 
        Pittman-Robertson funds.  The transferred money is 
        reappropriated to the commissioner for the wildlife land 
        acquisition.  
           Sec. 40.  Minnesota Statutes 2002, section 97A.145, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ACQUISITION; GENERALLY.] (a) The 
        commissioner or the commissioner of administration may acquire 
        wetlands and bordering areas, including marshes, ponds, small 
        lakes, and stream bottoms for water conservation relating to 
        wildlife development.  The lands that are acquired may be 
        developed for wildlife, recreation, and public hunting.  The 
        wetlands may be acquired by gift, lease, purchase, or exchange 
        of state lands. 
           (b) The commissioner may also acquire land owned by the 
        state and tax-forfeited land that is suitable for wildlife 
        development.  The wetlands may not be acquired unless public 
        access by right-of-way or easement from a public road is also 
        acquired or available.  In acquiring wetlands under this section 
        the commissioner shall assign highest priority to type 3 and 4 
        wetlands, as defined in United States Fish and Wildlife Service 
        Circular No. 39 (1971 edition), that are public waters.  Lands 
        purchased or leased under this section may not be used to 
        produce crops unless needed for wildlife.  The commissioner may 
        designate, by written order published in the State Register, 
        land acquired under this section as a wildlife management area 
        for purposes of the outdoor recreation system.  Designations of 
        wildlife management areas are exempt from the rulemaking 
        provisions of chapter 14 and section 14.386 does not apply.  
           Sec. 41.  Minnesota Statutes 2002, section 97B.015, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [FEE FOR DUPLICATE CERTIFICATE.] The commissioner 
        shall collect a fee for issuing a duplicate firearms safety 
        certificate.  The commissioner shall establish a fee that 
        neither significantly overrecovers nor underrecovers costs, 
        including overhead costs, involved in providing the service.  
        The fee is not subject to the rulemaking provisions of chapter 
        14 and section 14.386 does not apply.  The commissioner may 
        establish the fee notwithstanding section 16A.1283. 
           Sec. 42.  Minnesota Statutes 2002, section 97B.025, is 
        amended to read: 
           97B.025 [HUNTER AND TRAPPER EDUCATION.] 
           (a) The commissioner may establish education courses for 
        hunters and trappers.  The commissioner shall collect a fee from 
        each person attending a course.  A fee shall be collected for 
        issuing a duplicate certificate.  The commissioner shall 
        establish a fee the fees in a manner that neither significantly 
        overrecovers nor underrecovers costs, including overhead costs, 
        involved in providing the services.  The fee is fees are not 
        subject to the rulemaking provisions of chapter 14 and section 
        14.386 does not apply.  The commissioner may establish the fees 
        notwithstanding section 16A.1283.  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 for each 
        course, 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. 
           (b) The commissioner shall enter into an agreement with a 
        statewide nonprofit trappers association to conduct a trapper 
        education program.  At a minimum, the program must include at 
        least six hours of classroom and in the field training.  The 
        program must include a review of state trapping laws and 
        regulations, trapping ethics, the setting and tending of traps 
        and snares, tagging and registration requirements, and the 
        preparation of pelts.  The association shall be responsible for 
        all costs of conducting the education program, and shall not 
        charge any fee for attending the course. 
           Sec. 43.  Minnesota Statutes 2002, section 103G.223, is 
        amended to read: 
           103G.223 [CALCAREOUS FENS.] 
           Calcareous fens, as identified by the commissioner by 
        written order published in the State Register, may not be 
        filled, drained, or otherwise degraded, wholly or partially, by 
        any activity, unless the commissioner, under an approved 
        management plan, decides some alteration is necessary.  
        Identifications made by the commissioner are not subject to the 
        rulemaking provisions of chapter 14 and section 14.386 does not 
        apply. 
           Sec. 44.  Minnesota Statutes 2002, section 103I.601, 
        subdivision 3, is amended to read: 
           Subd. 3.  [NOTIFICATION OF PROJECT CONSTRUCTION.] (a) By 30 
        days before making an exploratory boring, an explorer must 
        register with the commissioner of natural resources and provide 
        a copy of the registration to the commissioner of health.  The 
        registration must include:  
           (1) the identity of the firm, association, or company 
        engaged in exploratory boring; and 
           (2) the identification of an agent, including the agent's 
        business address.  
           (b) The commissioner of natural resources may require a 
        bond, security, or other assurance from an explorer if the 
        commissioner of natural resources has reasonable doubts about 
        the explorer's financial ability to comply with requirements of 
        law relating to exploratory boring.  The commissioner's 
        determination to require assurance is exempt from the rulemaking 
        provisions of chapter 14 and section 14.386 does not apply. 
           (c) An explorer shall annually register with the 
        commissioner of natural resources while conducting exploratory 
        boring. 
           Sec. 45.  Minnesota Statutes 2002, section 282.01, 
        subdivision 3, is amended to read: 
           Subd. 3.  [NONCONSERVATION LANDS; APPRAISAL AND SALE.] All 
        parcels of land classified as nonconservation, except those 
        which may be reserved, shall be sold as provided, if it is 
        determined, by the county board of the county in which the 
        parcels lie, that it is advisable to do so, having in mind their 
        accessibility, their proximity to existing public improvements, 
        and the effect of their sale and occupancy on the public 
        burdens.  Any parcels of land proposed to be sold shall be first 
        appraised by the county board of the county in which the parcels 
        lie.  The parcels may be reappraised whenever the county board 
        deems it necessary to carry out the intent of sections 282.01 to 
        282.13.  In an appraisal the value of the land and any standing 
        timber on it shall be separately determined.  No parcel of land 
        containing any standing timber may be sold until the appraised 
        value of the timber on it and the sale of the land have been 
        approved by the commissioner of natural resources.  The 
        commissioner shall base review of a proposed sale on the policy 
        and considerations specified in subdivision 1.  The decision of 
        the commissioner shall be in writing and shall state the reasons 
        for it.  The commissioner's decision is exempt from the 
        rulemaking provisions of chapter 14 and section 14.386 does not 
        apply.  The county may appeal the decision of the commissioner 
        in accordance with chapter 14.  
           In any county in which a state forest or any part of it is 
        located, the county auditor shall submit to the commissioner at 
        least 30 days before the first publication of the list of lands 
        to be offered for sale a list of all lands included on the list 
        which are situated outside of any incorporated municipality.  
        If, at any time before the opening of the sale, the commissioner 
        notifies the county auditor in writing that there is standing 
        timber on any parcel of such land, the parcel shall not be sold 
        unless the requirements of this section respecting the separate 
        appraisal of the timber and the approval of the appraisal by the 
        commissioner have been complied with.  The commissioner may 
        waive the requirement of the 30-day notice as to any parcel of 
        land which has been examined and the timber value approved as 
        required by this section. 
           If any public improvement is made by a municipality after 
        any parcel of land has been forfeited to the state for the 
        nonpayment of taxes, and the improvement is assessed in whole or 
        in part against the property benefited by it, the clerk of the 
        municipality shall certify to the county auditor, immediately 
        upon the determination of the assessments for the improvement, 
        the total amount that would have been assessed against the 
        parcel of land if it had been subject to assessment; or if the 
        public improvement is made, petitioned for, ordered in or 
        assessed, whether the improvement is completed in whole or in 
        part, at any time between the appraisal and the sale of the 
        parcel of land, the cost of the improvement shall be included as 
        a separate item and added to the appraised value of the parcel 
        of land at the time it is sold.  No sale of a parcel of land 
        shall discharge or free the parcel of land from lien for the 
        special benefit conferred upon it by reason of the public 
        improvement until the cost of it, including penalties, if any, 
        is paid.  The county board shall determine the amount, if any, 
        by which the value of the parcel was enhanced by the improvement 
        and include the amount as a separate item in fixing the 
        appraised value for the purpose of sale.  In classifying, 
        appraising, and selling the lands, the county board may 
        designate the tracts as assessed and acquired, or may by 
        resolution provide for the subdivision of the tracts into 
        smaller units or for the grouping of several tracts into one 
        tract when the subdivision or grouping is deemed advantageous 
        for the purpose of sale.  Each such smaller tract or larger 
        tract must be classified and appraised as such before being 
        offered for sale.  If any such lands have once been classified, 
        the board of county commissioners, in its discretion, may, by 
        resolution, authorize the sale of the smaller tract or larger 
        tract without reclassification. 
           Sec. 46.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor May 15, 2004 
           Signed by the governor May 19, 2004, 10:35 a.m.