1.1                          A bill for an act 
  1.2             relating to state government; appropriating money for 
  1.3             environmental and natural resources purposes; 
  1.4             establishing and modifying certain programs; 
  1.5             reorganizing environmental agencies; providing for 
  1.6             regulation of certain activities and practices; 
  1.7             providing for accounts, assessments, and fees; 
  1.8             amending Minnesota Statutes 2004, sections 15.01; 
  1.9             16A.125, subdivision 5; 84.027, subdivisions 12, 15, 
  1.10            by adding a subdivision; 84.0274, by adding 
  1.11            subdivisions; 84.0911, subdivision 2; 84.631; 84.775, 
  1.12            subdivision 1; 84.788, subdivision 3, by adding a 
  1.13            subdivision; 84.789, by adding a subdivision; 84.791, 
  1.14            subdivisions 1, 2; 84.798, subdivision 1, by adding a 
  1.15            subdivision; 84.804, subdivision 3; 84.82, subdivision 
  1.16            2, by adding a subdivision; 84.8205, subdivisions 1, 
  1.17            3, 4, 6; 84.83, subdivision 3, by adding a 
  1.18            subdivision; 84.86, subdivision 1; 84.91, subdivision 
  1.19            1; 84.922, subdivision 2, by adding a subdivision; 
  1.20            84.925, subdivision 1, by adding a subdivision; 
  1.21            84.9256, subdivision 1; 84.9257; 84.926; 84.928, 
  1.22            subdivisions 1, 2; 84D.03, subdivision 4; 85.053, 
  1.23            subdivisions 1, 2; 85.055, subdivision 2, by adding a 
  1.24            subdivision; 85.42; 85.43; 86B.415, subdivisions 1, 2, 
  1.25            3, 4, 5, 6, by adding a subdivision; 88.17, 
  1.26            subdivision 1, by adding subdivisions; 88.6435, 
  1.27            subdivision 4; 89.039, subdivision 1; 89.19, 
  1.28            subdivision 2; 89.36, subdivision 2; 89.37, 
  1.29            subdivision 4; 92.03, subdivision 4; 93.22, 
  1.30            subdivision 1; 94.342, subdivisions 1, 3, 4, 5; 
  1.31            94.343, subdivisions 1, 3, 7, 8, 10, by adding 
  1.32            subdivisions; 94.344, subdivisions 1, 3, 5, 8, 10, by 
  1.33            adding a subdivision; 97A.055, subdivision 4b; 
  1.34            97A.061, by adding a subdivision; 97A.071, subdivision 
  1.35            2; 97A.075, subdivision 3; 97A.135, subdivision 2a; 
  1.36            97A.4742, subdivision 4; 97A.485, subdivisions 6, 7; 
  1.37            97A.551, by adding a subdivision; 97B.015, 
  1.38            subdivisions 1, 2, 5, 7; 97B.020; 97B.025; 97C.085; 
  1.39            97C.327; 97C.395, subdivision 1; 103F.535, subdivision 
  1.40            1; 103G.271, subdivision 6; 103G.301, subdivision 2; 
  1.41            103G.615, subdivision 2; 103I.681, subdivision 11; 
  1.42            115.06, subdivision 4; 115.551; 115A.03, subdivisions 
  1.43            21, 32a; 115A.06, subdivision 5; 115A.07, subdivision 
  1.44            1; 115A.072, subdivision 1; 115A.12; 115A.15, 
  1.45            subdivision 7; 115A.38, subdivision 1; 115A.545, 
  1.46            subdivision 1; 115A.929; 116.03, subdivision 1; 
  2.1             116.07, subdivision 4b; 116P.02, by adding a 
  2.2             subdivision; 116P.03; 116P.04, subdivision 5; 116P.05, 
  2.3             subdivision 2; 116P.07; 116P.08, subdivisions 3, 5, 6, 
  2.4             7, by adding subdivisions; 116P.09; 116P.10; 116P.11; 
  2.5             116P.12, subdivision 2; 116P.15, subdivision 2; 
  2.6             168.1296, subdivision 1; 169A.63, subdivision 6; 
  2.7             216B.2424, subdivisions 1, 2, 5a, 6, 8, by adding a 
  2.8             subdivision; 282.08; 282.38, subdivision 1; 296A.18, 
  2.9             subdivision 2; 297H.13, subdivision 2; 349.12, 
  2.10            subdivision 25; 462.357, subdivision 1e; 473.846; 
  2.11            477A.12, by adding a subdivision; 477A.145; Laws 2003, 
  2.12            chapter 128, article 1, section 5, subdivision 6; Laws 
  2.13            2003, chapter 128, article 1, section 9, subdivision 
  2.14            6; Laws 2003, chapter 128, article 1, section 167, 
  2.15            subdivision 1; Laws 2004, chapter 220, section 1; 
  2.16            proposing coding for new law in Minnesota Statutes, 
  2.17            chapters 84; 86B; 92; 93; 97C; 116; 116P; 473; 
  2.18            repealing Minnesota Statutes 2004, sections 84.901; 
  2.19            85.054, subdivision 1; 94.343, subdivision 6; 94.344, 
  2.20            subdivision 6; 94.348; 94.349; 115A.03, subdivisions 
  2.21            8a, 22a; 115A.055, subdivision 1; 115A.158, 
  2.22            subdivision 3; 115D.03, subdivision 4; 116.02, 
  2.23            subdivision 5; 116.04; 116P.02, subdivisions 2, 4; 
  2.24            116P.05; 116P.06; 116P.08, subdivision 4; 473.197, 
  2.25            subdivisions 1, 2, 3, 5; 473.801, subdivision 6. 
  2.26  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.27                             ARTICLE 1 
  2.28          ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS 
  2.29                              OPTION B 
  2.30  Section 1.  [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 
  2.31     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.32  appropriated from the general fund, or another named fund, to 
  2.33  the agencies and for the purposes specified in this article, to 
  2.34  be available for the fiscal years indicated for each purpose.  
  2.35  The figures "2006" and "2007," where used in this article, mean 
  2.36  that the appropriation or appropriations listed under them are 
  2.37  available for the fiscal year ending June 30, 2006, or June 30, 
  2.38  2007, respectively.  The term "the first year" means the year 
  2.39  ending June 30, 2006, and the term "the second year" means the 
  2.40  year ending June 30, 2007. 
  2.41                          SUMMARY BY FUND
  2.42                            2006          2007           TOTAL
  2.43  General            $  110,654,000 $  110,655,000 $  221,309,000
  2.44  State Government
  2.45  Special Revenue            48,000         48,000         96,000
  2.46  Environmental          56,663,000     56,970,000    113,633,000
  2.47  Natural Resources      66,147,000     66,412,000    132,559,000
  2.48  Game and Fish          84,857,000     86,629,000    171,486,000
  3.1   Remediation            11,503,000     11,503,000     23,006,000
  3.2   Permanent School          350,000        350,000        700,000
  3.3   State Land and Water Conservation
  3.4   Account (LAWCON)        1,600,000         -0-         1,600,000
  3.5   Environment and Natural Resources
  3.6   Trust Fund             18,829,000     18,829,000     37,658,000
  3.7   Great Lakes Protection
  3.8   Account                  28,000           -0-            28,000
  3.9   TOTAL              $  350,679,000 $  351,396,000 $  702,075,000
  3.10                                             APPROPRIATIONS 
  3.11                                         Available for the Year 
  3.12                                             Ending June 30 
  3.13                                            2006         2007 
  3.14  Sec. 2.  DEPARTMENT OF ENVIRONMENTAL
  3.15  PROTECTION
  3.16  Subdivision 1.  Total 
  3.17  Appropriation                     $   79,278,000 $   79,585,000
  3.18                Summary by Fund
  3.19  General              11,164,000    11,164,000
  3.20  State Government 
  3.21  Special Revenue          48,000        48,000
  3.22  Environmental        56,663,000    56,970,000
  3.23  Remediation          11,403,000    11,403,000
  3.24  The amounts that may be spent from this 
  3.25  appropriation for each program are 
  3.26  specified in the following subdivisions.
  3.27  Subd. 2.  Water              
  3.28      25,872,000     25,872,000 
  3.29                Summary by Fund
  3.30  General               7,317,000     7,317,000
  3.31  State Government
  3.32  Special Revenue          48,000        48,000
  3.33  Environmental        18,507,000    18,507,000
  3.34  $2,348,000 the first year and 
  3.35  $2,348,000 the second year are for the 
  3.36  clean water partnership program.  Any 
  3.37  balance remaining in the first year 
  3.38  does not cancel and is available for 
  3.39  the second year.  This appropriation 
  3.40  may be used for grants to local units 
  3.41  of government for the purpose of 
  3.42  restoring impaired waters listed under 
  3.43  section 303(d) of the federal Clean 
  3.44  Water Act in accordance with adopted 
  3.45  total maximum daily loads (TMDLs), 
  3.46  including implementation of approved 
  3.47  clean water partnership diagnostic 
  3.48  study work plans that will assist in 
  3.49  restoration of such impaired waters. 
  4.1   $335,000 the first year and $335,000 
  4.2   the second year are for community 
  4.3   technical assistance and education, 
  4.4   including grants and technical 
  4.5   assistance to communities for local and 
  4.6   basinwide water quality protection. 
  4.7   $405,000 the first year and $405,000 
  4.8   the second year are for individual 
  4.9   sewage treatment system (ISTS) 
  4.10  administration and grants.  Of this 
  4.11  amount, $86,000 each year is for 
  4.12  assistance to counties through grants 
  4.13  for ISTS program administration.  Any 
  4.14  unexpended balance in the first year 
  4.15  does not cancel but is available in the 
  4.16  second year. 
  4.17  $480,000 the first year and $480,000 
  4.18  the second year are from the 
  4.19  environmental fund to address the need 
  4.20  for continued increased activity in the 
  4.21  areas of new technology review, 
  4.22  technical assistance for local 
  4.23  governments, and enforcement under 
  4.24  Minnesota Statutes, sections 115.55 to 
  4.25  115.58, and to complete the 
  4.26  requirements of Laws 2003, chapter 128, 
  4.27  article 1, sections 164 and 165.  Of 
  4.28  this amount, $48,000 each year is for 
  4.29  administration of individual septic 
  4.30  tank fees, as provided in this article. 
  4.31  $2,324,000 the first year and 
  4.32  $2,324,000 the second year must be 
  4.33  distributed as grants to delegated 
  4.34  counties to administer the county 
  4.35  feedlot program.  Distribution of the 
  4.36  funds must be conducted according to 
  4.37  the following three-part formula: 
  4.38  (1) Number of feedlots in the county:  
  4.39  60 percent of the total appropriation 
  4.40  must be distributed according to the 
  4.41  number of feedlots that are required to 
  4.42  be registered in the county.  Grants 
  4.43  awarded under this clause must be 
  4.44  matched with a combination of local 
  4.45  cash and in-kind contributions. 
  4.46  (2) Minimum program requirements:  25 
  4.47  percent of the total appropriation must 
  4.48  be distributed based on the county (i) 
  4.49  conducting an annual number of 
  4.50  inspections at feedlots that is equal 
  4.51  to or greater than seven percent of the 
  4.52  total number of registered feedlots 
  4.53  that are required to be registered in 
  4.54  the county; and (ii) meeting 
  4.55  noninspection minimum program 
  4.56  requirements as identified in the 
  4.57  county feedlot workplan form.  Counties 
  4.58  that do not meet the inspection 
  4.59  requirement must not receive 50 percent 
  4.60  of the eligible funding under this 
  4.61  clause.  Counties must receive funding 
  4.62  for noninspection requirements under 
  4.63  this clause according to a scoring 
  4.64  system checklist administered by the 
  4.65  department.  The commissioner, in 
  4.66  consultation with the Minnesota 
  5.1   Association of County Feedlot Officers 
  5.2   executive team, shall make a final 
  5.3   decision regarding any appeal by a 
  5.4   county regarding the terms and 
  5.5   conditions of this clause. 
  5.6   (3) Performance credits:  15 percent of 
  5.7   the total appropriation must be 
  5.8   distributed according to work that has 
  5.9   been done by the counties during the 
  5.10  fiscal year.  The amount must be 
  5.11  determined by the number of performance 
  5.12  credits a county accumulates during the 
  5.13  year based on a performance credit 
  5.14  matrix jointly agreed upon by the 
  5.15  commissioner in consultation with the 
  5.16  Minnesota Association of County Feedlot 
  5.17  Officers executive team.  To receive an 
  5.18  award under this clause the county must 
  5.19  meet the requirements of clause (2)(i) 
  5.20  and achieve 90 percent of the 
  5.21  requirements according to clause 
  5.22  (2)(ii) of the formula.  The rate of 
  5.23  reimbursement per performance credit 
  5.24  item must not exceed $200. 
  5.25  Delegated counties are eligible for a 
  5.26  minimum grant of $7,500.  To receive 
  5.27  the full $7,500 amount a county must 
  5.28  meet the requirements under clause (2) 
  5.29  of the formula.  Nondelegated counties 
  5.30  that apply for delegation shall receive 
  5.31  a grant prorated according to the 
  5.32  number of full quarters remaining in 
  5.33  the program year from the date of 
  5.34  commissioner approval of the 
  5.35  delegation.  Funds for awards to any 
  5.36  newly delegated counties must be made 
  5.37  out of the appropriation reserved for 
  5.38  clause (3) of the formula.  The 
  5.39  commissioner, in consultation with the 
  5.40  Minnesota Association of County Feedlot 
  5.41  Officers executive team, may decide to 
  5.42  use funds reserved for clause (3) of 
  5.43  the formula in an amount not to exceed 
  5.44  five percent of the total annual 
  5.45  appropriation for initiatives to 
  5.46  enhance existing delegated county 
  5.47  feedlot programs, information and 
  5.48  education, or technical assistance 
  5.49  efforts to reduce feedlot-related 
  5.50  pollution hazards.  Any funds remaining 
  5.51  after distribution under clauses (1) 
  5.52  and (2) of the formula must be 
  5.53  transferred to clause (3) of the 
  5.54  formula.  Any money remaining after the 
  5.55  first year is available for the second 
  5.56  year. 
  5.57  Notwithstanding Minnesota Statutes, 
  5.58  section 16A.28, the appropriations 
  5.59  encumbered under contract on or before 
  5.60  June 30, 2007, for clean water 
  5.61  partnership, individual sewage 
  5.62  treatment systems (ISTS), Minnesota 
  5.63  River, total maximum daily loads 
  5.64  (TMDLs), and local and basinwide water 
  5.65  quality protection grants in this 
  5.66  subdivision are available until June 
  5.67  30, 2009. 
  6.1   Subd. 3.  Air                 
  6.2        9,297,000      9,604,000 
  6.3                 Summary by Fund
  6.4   Environmental         9,297,000     9,604,000
  6.5   Up to $150,000 the first year and 
  6.6   $150,000 the second year may be 
  6.7   transferred to the environmental fund 
  6.8   for the small business environmental 
  6.9   improvement loan program established in 
  6.10  Minnesota Statutes, section 116.993. 
  6.11  $200,000 the first year and $200,000 
  6.12  the second year are from the 
  6.13  environmental fund for a monitoring 
  6.14  program under Minnesota Statutes, 
  6.15  section 116.454. 
  6.16  Subd. 4.  Land               
  6.17      18,467,000     18,467,000 
  6.18                Summary by Fund
  6.19  Environmental         7,064,000     7,064,000
  6.20  Remediation          11,403,000    11,403,000
  6.21  All money for environmental response, 
  6.22  compensation, and compliance in the 
  6.23  remediation fund not otherwise 
  6.24  appropriated is appropriated to the 
  6.25  commissioners of the Departments of 
  6.26  Environmental Protection and 
  6.27  Agriculture for purposes of Minnesota 
  6.28  Statutes, section 115B.20, subdivision 
  6.29  2, clauses (1), (2), (3), (6), and 
  6.30  (7).  At the beginning of each fiscal 
  6.31  year, the two commissioners shall 
  6.32  jointly submit an annual spending plan 
  6.33  to the commissioner of finance that 
  6.34  maximizes the utilization of resources 
  6.35  and appropriately allocates the money 
  6.36  between the two departments.  This 
  6.37  appropriation is available until June 
  6.38  30, 2007. 
  6.39  $3,616,000 the first year and 
  6.40  $3,616,000 the second year are from the 
  6.41  petroleum tank fund to be transferred 
  6.42  to the remediation fund for purposes of 
  6.43  the leaking underground storage tank 
  6.44  program to protect the land. 
  6.45  $200,000 the first year and $200,000 
  6.46  the second year are from the 
  6.47  remediation fund to be transferred to 
  6.48  the Department of Health for private 
  6.49  water supply monitoring and health 
  6.50  assessment costs in areas contaminated 
  6.51  by unpermitted mixed municipal solid 
  6.52  waste disposal facilities. 
  6.53  Subd. 5.  Multimedia         
  6.54      24,059,000     24,059,000 
  6.55                Summary by Fund
  7.1   General               2,264,000     2,264,000
  7.2   Environmental        21,795,000    21,795,000
  7.3   $12,500,000 each year is from the 
  7.4   environmental fund for SCORE block 
  7.5   grants to counties.  
  7.6   Any unencumbered grant and loan 
  7.7   balances in the first year do not 
  7.8   cancel but are available for grants and 
  7.9   loans in the second year. 
  7.10  All money deposited in the 
  7.11  environmental fund for the metropolitan 
  7.12  solid waste landfill fee in accordance 
  7.13  with Minnesota Statutes, section 
  7.14  473.843, and not otherwise 
  7.15  appropriated, is appropriated to the 
  7.16  department for the purposes of 
  7.17  Minnesota Statutes, section 473.844. 
  7.18  $119,000 the first year and $119,000 
  7.19  the second year are for environmental 
  7.20  assistance grants or loans under 
  7.21  Minnesota Statutes, section 115A.0716. 
  7.22  Notwithstanding Minnesota Statutes, 
  7.23  section 16A.28, the appropriations 
  7.24  encumbered under contract on or before 
  7.25  June 30, 2007, for environmental 
  7.26  assistance grants awarded under 
  7.27  Minnesota Statutes, section 115A.0716, 
  7.28  and for technical and research 
  7.29  assistance under Minnesota Statutes, 
  7.30  section 115A.152, technical assistance 
  7.31  under Minnesota Statutes, section 
  7.32  115A.52, and pollution prevention 
  7.33  assistance under Minnesota Statutes, 
  7.34  section 115D.04, are available until 
  7.35  June 30, 2009. 
  7.36  Subd. 6.  Administrative Support                                
  7.37       1,583,000      1,583,000 
  7.38                Summary by Fund
  7.39  General               1,583,000     1,583,000
  7.40  Sec. 3.  NATURAL RESOURCES 
  7.41  Subdivision 1.  Total       
  7.42  Appropriation                        220,582,000    222,618,000 
  7.43                Summary by Fund
  7.44  General              73,902,000    73,903,000
  7.45  Natural Resources    61,373,000    61,636,000
  7.46  Game and Fish        84,857,000    86,629,000
  7.47  Remediation             100,000       100,000
  7.48  Permanent School        350,000       350,000
  7.49  The amounts that may be spent from this 
  7.50  appropriation for each program are 
  7.51  specified in the following subdivisions.
  8.1   Subd. 2.  Land and Mineral Resources
  8.2   Management
  8.3        8,716,000      8,752,000 
  8.4                 Summary by Fund
  8.5   General               5,248,000     5,248,000
  8.6   Natural Resources     2,122,000     2,122,000
  8.7   Game and Fish           996,000     1,032,000
  8.8   Permanent School        350,000       350,000
  8.9   $275,000 the first year and $275,000 
  8.10  the second year are for iron ore 
  8.11  cooperative research, of which $137,500 
  8.12  the first year and $137,500 the second 
  8.13  year are available only as matched by 
  8.14  $1 of nonstate money for each $1 of 
  8.15  state money.  The match may be cash or 
  8.16  in-kind.  
  8.17  $86,000 the first year and $86,000 the 
  8.18  second year are for minerals 
  8.19  cooperative environmental research, of 
  8.20  which $43,000 the first year and 
  8.21  $43,000 the second year are available 
  8.22  only as matched by $1 of nonstate money 
  8.23  for each $1 of state money.  The match 
  8.24  may be cash or in-kind.  
  8.25  $1,946,000 the first year and 
  8.26  $1,946,000 the second year are from the 
  8.27  minerals management account in the 
  8.28  natural resources fund for only the 
  8.29  purposes specified in Minnesota 
  8.30  Statutes, section 93.2236, paragraph 
  8.31  (c).  Of this amount, $1,526,000 the 
  8.32  first year and $1,526,000 the second 
  8.33  year are for mineral resource 
  8.34  management, $420,000 the first year and 
  8.35  $420,000 the second year are for 
  8.36  projects to enhance future income and 
  8.37  promote new opportunities, including 
  8.38  value-added iron products, geological 
  8.39  mapping, and mercury research.  The 
  8.40  appropriation is from the revenue 
  8.41  deposited in the minerals management 
  8.42  account under Minnesota Statutes, 
  8.43  section 93.22, subdivision 1, paragraph 
  8.44  (b). 
  8.45  $300,000 the first year and $300,000 
  8.46  the second year are from the state 
  8.47  forest suspense account in the 
  8.48  permanent school fund to accelerate 
  8.49  land exchanges, land sales, and 
  8.50  commercial leasing of school trust 
  8.51  lands.  This appropriation is to be 
  8.52  used toward meeting the provisions of 
  8.53  Minnesota Statutes, section 92.121, to 
  8.54  exchange school trust lands or put 
  8.55  alternatives in effect when management 
  8.56  practices have diminished or prohibited 
  8.57  revenue generation, and the direction 
  8.58  of Minnesota Statutes, section 127A.31, 
  8.59  to secure maximum long-term economic 
  8.60  return from the school trust lands 
  8.61  consistent with fiduciary 
  9.1   responsibilities and sound natural 
  9.2   resources conservation and management 
  9.3   principles. 
  9.4   $50,000 the first year and $50,000 the 
  9.5   second year are from the state forest 
  9.6   suspense account in the permanent 
  9.7   school fund to identify, evaluate, and 
  9.8   lease construction aggregate located on 
  9.9   school trust lands. 
  9.10  Subd. 3.  Water Resources Management
  9.11      11,122,000     11,122,000 
  9.12                Summary by Fund
  9.13  General              10,842,000    10,842,000
  9.14  Natural Resources       280,000       280,000
  9.15  $210,000 the first year and $210,000 
  9.16  the second year are for grants 
  9.17  associated with the implementation of 
  9.18  the Red River mediation agreement. 
  9.19  $125,000 the first year and $125,000 
  9.20  the second year are for the 
  9.21  construction of ring dikes under 
  9.22  Minnesota Statutes, section 103F.161.  
  9.23  The ring dikes may be publicly or 
  9.24  privately owned.  Any unencumbered 
  9.25  balance does not cancel at the end of 
  9.26  the first year and is available for the 
  9.27  second year. 
  9.28  Subd. 4.  Forest Management  
  9.29      34,063,000     34,063,000 
  9.30                Summary by Fund
  9.31  General              24,098,000    24,098,000
  9.32  Natural Resources     9,715,000     9,715,000
  9.33  Game and Fish           250,000       250,000
  9.34  $7,217,000 the first year and 
  9.35  $7,217,000 the second year are for 
  9.36  prevention, presuppression, and 
  9.37  suppression costs of emergency 
  9.38  firefighting and other costs incurred 
  9.39  under Minnesota Statutes, section 
  9.40  88.12.  If the appropriation for either 
  9.41  year is insufficient to cover all costs 
  9.42  of presuppression and suppression, the 
  9.43  amount necessary to pay for these costs 
  9.44  during the biennium is appropriated 
  9.45  from the general fund.  By November 15 
  9.46  of each year, the commissioner of 
  9.47  natural resources shall submit a report 
  9.48  to the chairs of the house of 
  9.49  representatives Ways and Means 
  9.50  Committee, the senate Finance 
  9.51  Committee, the Environment and 
  9.52  Agriculture Budget Division of the 
  9.53  senate Finance Committee, and the house 
  9.54  of representatives Agriculture, 
  9.55  Environment and Natural Resources 
  9.56  Finance Committee, identifying all 
 10.1   firefighting costs incurred and 
 10.2   reimbursements received in the prior 
 10.3   fiscal year.  These appropriations may 
 10.4   not be transferred.  Any reimbursement 
 10.5   of firefighting expenditures made to 
 10.6   the commissioner from any source other 
 10.7   than federal mobilizations shall be 
 10.8   deposited into the general fund. 
 10.9   $9,715,000 the first year and 
 10.10  $9,715,000 the second year are from the 
 10.11  forest management investment account in 
 10.12  the natural resources fund for only the 
 10.13  purposes specified in Minnesota 
 10.14  Statutes, section 89.039, subdivision 2.
 10.15  $517,000 the first year and $517,000 
 10.16  the second year are for the Forest 
 10.17  Resources Council for implementation of 
 10.18  the Sustainable Forest Resources Act. 
 10.19  $350,000 the first year and $350,000 
 10.20  the second year are for the FORIST 
 10.21  Timber Management Information System 
 10.22  and for increased forestry management.  
 10.23  The amount in the second year is also 
 10.24  available in the first year. 
 10.25  $250,000 the first year and $250,000 
 10.26  the second year are from the game and 
 10.27  fish fund to implement Ecological 
 10.28  Classification Systems (ECS) standards 
 10.29  on forested landscapes.  This 
 10.30  appropriation is from revenue deposited 
 10.31  in the game and fish fund under 
 10.32  Minnesota Statutes, section 297A.94, 
 10.33  paragraph (e), clause (1). 
 10.34  Subd. 5.  Parks and Recreation
 10.35  Management
 10.36      32,615,000     32,703,000 
 10.37                Summary by Fund
 10.38  General              19,279,000    19,279,000
 10.39  Natural Resources    13,336,000    13,424,000
 10.40  $640,000 the first year and $640,000 
 10.41  the second year are from the water 
 10.42  recreation account in the natural 
 10.43  resources fund for state park water 
 10.44  access projects. 
 10.45  $3,725,000 the first year and 
 10.46  $3,813,000 the second year are from the 
 10.47  natural resources fund for state park 
 10.48  and recreation area operations.  This 
 10.49  appropriation is from the revenue 
 10.50  deposited in the natural resources fund 
 10.51  under Minnesota Statutes, section 
 10.52  297A.94, paragraph (e), clause (2). 
 10.53  Subd. 6.  Trails and Waterways
 10.54  Management
 10.55      25,598,000     25,750,000 
 10.56                Summary by Fund
 11.1   General               1,284,000     1,284,000
 11.2   Natural Resources    22,223,000    22,379,000
 11.3   Game and Fish         2,091,000     2,087,000
 11.4   $5,724,000 the first year and 
 11.5   $5,724,000 the second year are from the 
 11.6   snowmobile trails and enforcement 
 11.7   account in the natural resources fund 
 11.8   for snowmobile grants-in-aid.  Any 
 11.9   unencumbered balance does not cancel at 
 11.10  the end of the first year and is 
 11.11  available for the second year. 
 11.12  $925,000 the first year and $825,000 
 11.13  the second year are from the natural 
 11.14  resources fund for off-highway vehicle 
 11.15  grants-in-aid.  Of this amount, 
 11.16  $575,000 each year is from the 
 11.17  all-terrain vehicle account; $150,000 
 11.18  each year is from the off-highway 
 11.19  motorcycle account; and $200,000 the 
 11.20  first year and $100,000 the second year 
 11.21  are from the off-road vehicle account.  
 11.22  Any unencumbered balance does not 
 11.23  cancel at the end of the first year and 
 11.24  is available for the second year. 
 11.25  $261,000 the first year and $261,000 
 11.26  the second year are from the water 
 11.27  recreation account in the natural 
 11.28  resources fund for a safe harbor 
 11.29  program on Lake Superior. 
 11.30  $742,000 the first year and $760,000 
 11.31  the second year are from the natural 
 11.32  resources fund for state trail 
 11.33  operations.  This appropriation is from 
 11.34  the revenue deposited in the natural 
 11.35  resources fund under Minnesota 
 11.36  Statutes, section 297A.94, paragraph 
 11.37  (e), clause (2).  
 11.38  $632,000 the first year and $645,000 
 11.39  the second year are from the natural 
 11.40  resources fund for trail grants to 
 11.41  local units of government on land to be 
 11.42  maintained for at least 20 years for 
 11.43  the purposes of the grant.  This 
 11.44  appropriation is from the revenue 
 11.45  deposited in the natural resources fund 
 11.46  under Minnesota Statutes, section 
 11.47  297A.94, paragraph (e), clause (4).  
 11.48  $75,000 the first year is from the 
 11.49  all-terrain vehicle account in the 
 11.50  natural resources fund for a study to 
 11.51  determine the amount of gasoline used 
 11.52  each year by all-terrain vehicle riders 
 11.53  in the state.  The commissioners of 
 11.54  natural resources, revenue, and 
 11.55  transportation shall jointly determine 
 11.56  the amount of unrefunded gasoline tax 
 11.57  attributable to all-terrain vehicle use 
 11.58  in the state and shall report to the 
 11.59  legislature by March 1, 2006, with an 
 11.60  appropriate proposed revision to 
 11.61  Minnesota Statutes, section 296A.18. 
 11.62  $50,000 is appropriated from the 
 12.1   all-terrain vehicle account in the 
 12.2   natural resources fund to the 
 12.3   commissioner of natural resources for 
 12.4   fiscal year 2006 to revise the 
 12.5   Northshore Trail master plan for use by 
 12.6   all-terrain vehicles. 
 12.7   $2,250,000 the first year and 
 12.8   $2,600,000 the second year are from the 
 12.9   public access account in the natural 
 12.10  resources fund for the acquisition, 
 12.11  development, maintenance, and 
 12.12  rehabilitation of sites for public 
 12.13  access and boating facilities on public 
 12.14  waters. 
 12.15  Ninety percent of the money received 
 12.16  for watercraft licenses as a result of 
 12.17  the fee increases contained in this act 
 12.18  shall be credited to a public access 
 12.19  subaccount within the water recreation 
 12.20  account.  Ten percent is for 
 12.21  enforcement purposes. 
 12.22  Subd. 7.  Fish and Wildlife Management
 12.23      59,670,000     60,679,000 
 12.24                Summary by Fund
 12.25  General               1,755,000     1,755,000
 12.26  Natural Resources     1,542,000     1,542,000
 12.27  Game and Fish        56,373,000    57,382,000
 12.28  $407,000 the first year and $412,000 
 12.29  the second year are for resource 
 12.30  population surveys in the 1837 treaty 
 12.31  area.  Of this amount, $265,000 the 
 12.32  first year and $270,000 the second year 
 12.33  are from the game and fish fund. 
 12.34  $7,233,000 the first year and 
 12.35  $7,233,000 the second year are from the 
 12.36  heritage enhancement account in the 
 12.37  game and fish fund for only the 
 12.38  purposes specified in Minnesota 
 12.39  Statutes, section 297A.94, paragraph 
 12.40  (e), clause (1).  
 12.41  Notwithstanding Minnesota Statutes, 
 12.42  section 297A.94, this appropriation may 
 12.43  be used for hunter recruitment and 
 12.44  retention and public land user 
 12.45  facilities. 
 12.46  $1,030,000 the first year and $880,000 
 12.47  the second year are from the trout and 
 12.48  salmon management account for only the 
 12.49  purposes specified in Minnesota 
 12.50  Statutes, section 97A.075, subdivision 
 12.51  3. 
 12.52  $1,411,000 the first year and 
 12.53  $1,411,000 the second year are from the 
 12.54  deer habitat improvement account for 
 12.55  only the purposes specified in 
 12.56  Minnesota Statutes, section 97A.075, 
 12.57  subdivision 1, paragraph (b). 
 13.1   $397,000 the first year and $397,000 
 13.2   the second year are from the deer and 
 13.3   bear management account for only the 
 13.4   purposes specified in Minnesota 
 13.5   Statutes, section 97A.075, subdivision 
 13.6   1, paragraph (c). 
 13.7   $851,000 the first year and $851,000 
 13.8   the second year are from the waterfowl 
 13.9   habitat improvement account for only 
 13.10  the purposes specified in Minnesota 
 13.11  Statutes, section 97A.075, subdivision 
 13.12  2. 
 13.13  $890,000 the first year and $890,000 
 13.14  the second year are from the pheasant 
 13.15  habitat improvement account for only 
 13.16  the purposes specified in Minnesota 
 13.17  Statutes, section 97A.075, subdivision 
 13.18  4. 
 13.19  $142,000 the first year and $142,000 
 13.20  the second year are from the wild 
 13.21  turkey management account for only the 
 13.22  purposes specified in Minnesota 
 13.23  Statutes, section 97A.075, subdivision 
 13.24  5.  Of this amount, $8,000 the first 
 13.25  year and $8,000 the second year are 
 13.26  appropriated from the game and fish 
 13.27  fund for transfer to the wild turkey 
 13.28  management account for purposes 
 13.29  specified in Minnesota Statutes, 
 13.30  section 97A.075, subdivision 5. 
 13.31  $225,000 is from the revenue deposited 
 13.32  to the game and fish fund under 
 13.33  Minnesota Statutes, section 297A.94, 
 13.34  paragraph (e), clause (1), for a grant 
 13.35  to "Let's Go Fishing" of Minnesota to 
 13.36  promote opportunities for fishing.  The 
 13.37  grant recipient must report back to the 
 13.38  commissioner by February 1, 2006, on 
 13.39  the use and results of the 
 13.40  appropriation.  This is a onetime 
 13.41  appropriation. 
 13.42  Subd. 8.  Ecological Services
 13.43      10,084,000     10,149,000 
 13.44                Summary by Fund
 13.45  General               3,140,000     3,141,000
 13.46  Natural Resources     3,153,000     3,153,000
 13.47  Game and Fish         3,791,000     3,855,000
 13.48  $1,128,000 the first year and 
 13.49  $1,128,000 the second year are from the 
 13.50  nongame wildlife management account in 
 13.51  the natural resources fund for the 
 13.52  purpose of nongame wildlife management. 
 13.53  Notwithstanding Minnesota Statutes, 
 13.54  section 290.431, $100,000 the first 
 13.55  year and $100,000 the second year may 
 13.56  be used for nongame information, 
 13.57  education, and promotion. 
 13.58  $1,588,000 the first year and 
 14.1   $1,588,000 the second year are from the 
 14.2   heritage enhancement account in the 
 14.3   game and fish fund for only the 
 14.4   purposes specified in Minnesota 
 14.5   Statutes, section 297A.94, paragraph 
 14.6   (e), clause (1).  This appropriation is 
 14.7   from the revenue deposited in the game 
 14.8   and fish fund under Minnesota Statutes, 
 14.9   section 297A.94, paragraph (e), clause 
 14.10  (1). 
 14.11  Subd. 9.  Enforcement
 14.12      29,397,000     29,982,000 
 14.13                Summary by Fund
 14.14  General               3,356,000     3,356,000
 14.15  Natural Resources     7,413,000     7,428,000
 14.16  Game and Fish        18,528,000    19,098,000
 14.17  Remediation             100,000       100,000
 14.18  $1,082,000 the first year and 
 14.19  $1,082,000 the second year are from the 
 14.20  water recreation account in the natural 
 14.21  resources fund for grants to counties 
 14.22  for boat and water safety. 
 14.23  $100,000 the first year and $100,000 
 14.24  the second year are from the 
 14.25  remediation fund for solid waste 
 14.26  enforcement activities under Minnesota 
 14.27  Statutes, section 116.073. 
 14.28  $315,000 the first year and $315,000 
 14.29  the second year are from the snowmobile 
 14.30  trails and enforcement account in the 
 14.31  natural resources fund for grants to 
 14.32  local law enforcement agencies for 
 14.33  snowmobile enforcement activities. 
 14.34  The unexpended balance of money from 
 14.35  Laws 1999, chapter 231, section 5, 
 14.36  subdivision 6, must be credited to the 
 14.37  snowmobile trails and enforcement 
 14.38  account and the appropriation for the 
 14.39  repair of public trails damaged by 
 14.40  snowmobiles shall be canceled.  
 14.41  $1,164,000 the first year and 
 14.42  $1,164,000 the second year are from the 
 14.43  heritage enhancement account in the 
 14.44  game and fish fund for only the 
 14.45  purposes specified in Minnesota 
 14.46  Statutes, section 297A.94, paragraph 
 14.47  (e), clause (1).  This appropriation is 
 14.48  from the revenue deposited in the game 
 14.49  and fish fund under Minnesota Statutes, 
 14.50  section 297A.94, paragraph (e), clause 
 14.51  (1). 
 14.52  Overtime must be distributed to 
 14.53  conservation officers at historical 
 14.54  levels; however, a reasonable reduction 
 14.55  or addition may be made to the 
 14.56  officer's allocation, if justified, 
 14.57  based on an individual officer's 
 14.58  workload.  If funding for enforcement 
 15.1   is reduced because of an unallotment, 
 15.2   the overtime bank may be reduced in 
 15.3   proportion to reductions made in other 
 15.4   areas of the budget. 
 15.5   $225,000 the first year and $225,000 
 15.6   the second year are from the natural 
 15.7   resources fund for grants to county law 
 15.8   enforcement agencies for off-highway 
 15.9   vehicle enforcement and public 
 15.10  education activities based on 
 15.11  off-highway vehicle use in the county.  
 15.12  Of this amount, $213,000 each year is 
 15.13  from the all-terrain vehicle account; 
 15.14  $11,000 each year is from the 
 15.15  off-highway motorcycle account; and 
 15.16  $1,000 each year is from the off-road 
 15.17  vehicle account.  The county 
 15.18  enforcement agencies may use money 
 15.19  received under this appropriation to 
 15.20  make grants to other local enforcement 
 15.21  agencies within the county that have a 
 15.22  high concentration of off-highway 
 15.23  vehicle use.  Of this appropriation, 
 15.24  $25,000 each year is for administration 
 15.25  of these grants. 
 15.26  $200,000 the first year and $200,000 
 15.27  the second year are from the natural 
 15.28  resources fund for an off-highway 
 15.29  vehicle safety and conservation grant 
 15.30  program.  Of this amount, $170,000 each 
 15.31  year is from the all-terrain vehicle 
 15.32  account; $10,000 each year is from the 
 15.33  off-highway motorcycle account; and 
 15.34  $20,000 each year is from the off-road 
 15.35  vehicle account.  Any unencumbered 
 15.36  balance does not cancel at the end of 
 15.37  the first year and is available for the 
 15.38  second year. 
 15.39  $15,000 the first year is from the 
 15.40  off-highway motorcycle account in the 
 15.41  natural resources fund to produce an 
 15.42  interactive CD-ROM training tool for 
 15.43  the off-highway motorcycle education 
 15.44  and training program under Minnesota 
 15.45  Statutes, section 84.791. 
 15.46  $15,000 the first year and $5,000 the 
 15.47  second year are from the off-road 
 15.48  vehicle account in the natural 
 15.49  resources fund to establish the 
 15.50  off-road vehicle environment and safety 
 15.51  education and training program under 
 15.52  Minnesota Statutes, section 84.8015. 
 15.53  Subd. 10.  Operations Support
 15.54       9,317,000      9,418,000 
 15.55                Summary by Fund
 15.56  General               4,900,000     4,900,000
 15.57  Natural Resources     1,589,000     1,593,000
 15.58  Game and Fish         2,828,000     2,925,000
 15.59  $264,000 the first year and $268,000 
 15.60  the second year are from the natural 
 16.1   resources fund for grants to be divided 
 16.2   equally between the city of St. Paul 
 16.3   for the Como Zoo and Conservatory and 
 16.4   the city of Duluth Zoo.  This 
 16.5   appropriation is from the revenue 
 16.6   deposited to the fund under Minnesota 
 16.7   Statutes, section 297A.94, paragraph 
 16.8   (e), clause (5). 
 16.9   Sec. 4.  MINNESOTA
 16.10  CONSERVATION CORPS                       840,000        840,000 
 16.11                Summary by Fund
 16.12  General                 350,000       350,000
 16.13  Natural Resources       490,000       490,000
 16.14  The Minnesota Conservation Corps may 
 16.15  receive money appropriated under this 
 16.16  section only as provided in an 
 16.17  agreement with the commissioner of 
 16.18  natural resources. 
 16.19  Sec. 5.  BOARD OF WATER
 16.20  AND SOIL RESOURCES                    15,131,000     15,131,000
 16.21  $4,102,000 the first year and 
 16.22  $4,102,000 the second year are for 
 16.23  natural resources block grants to local 
 16.24  governments. 
 16.25  The board may reduce the amount of the 
 16.26  natural resources block grant to a 
 16.27  county by an amount equal to any 
 16.28  reduction in the county's general 
 16.29  services allocation to a soil and water 
 16.30  conservation district from the county's 
 16.31  previous year allocation when the board 
 16.32  determines that the reduction was 
 16.33  disproportionate. 
 16.34  Grants must be matched with a 
 16.35  combination of local cash or in-kind 
 16.36  contributions.  The base grant portion 
 16.37  related to water planning must be 
 16.38  matched by an amount that would be 
 16.39  raised by a levy under Minnesota 
 16.40  Statutes, section 103B.3369. 
 16.41  $3,566,000 the first year and 
 16.42  $3,566,000 the second year are for 
 16.43  grants to soil and water conservation 
 16.44  districts for general purposes, 
 16.45  nonpoint engineering, and 
 16.46  implementation of the reinvest in 
 16.47  Minnesota conservation reserve 
 16.48  program.  Upon approval of the board, 
 16.49  expenditures may be made from these 
 16.50  appropriations for supplies and 
 16.51  services benefiting soil and water 
 16.52  conservation districts. 
 16.53  $3,285,000 the first year and 
 16.54  $3,285,000 the second year are for 
 16.55  grants to soil and water conservation 
 16.56  districts for cost-sharing contracts 
 16.57  for erosion control and water quality 
 16.58  management.  For base grant allocations 
 16.59  made prior to January 1, 2007, up to 
 16.60  100 percent of this appropriation may 
 17.1   be used for technical assistance.  Of 
 17.2   this amount, at least $1,500,000 the 
 17.3   first year and $1,500,000 the second 
 17.4   year are for grants for cost-sharing 
 17.5   contracts for water quality management 
 17.6   on feedlots. 
 17.7   Any unencumbered balance in the board's 
 17.8   program of grants does not cancel at 
 17.9   the end of the first year and is 
 17.10  available for the second year for the 
 17.11  same grant program.  This appropriation 
 17.12  is available until expended.  If the 
 17.13  appropriation in either year is 
 17.14  insufficient, the appropriation in the 
 17.15  other year is available for it. 
 17.16  Any balance in the board's cost share 
 17.17  program that remains from the fiscal 
 17.18  year 2005 appropriation is available in 
 17.19  an amount of up to $15,000 for a grant 
 17.20  to the Mower County Soil and Water 
 17.21  Conservation District to create a small 
 17.22  pond demonstration project in the Cedar 
 17.23  River Watershed for purposes of water 
 17.24  retention and flood control.  The Mower 
 17.25  County Soil and Water Conservation 
 17.26  District must seek other sources of 
 17.27  funding, including federal and private 
 17.28  sources, to ensure that the 
 17.29  demonstration project is educational 
 17.30  and complete. 
 17.31  $100,000 the first year and $100,000 
 17.32  the second year are for a grant to the 
 17.33  Red River Basin Commission to develop a 
 17.34  Red River basin plan and to coordinate 
 17.35  water management activities in the 
 17.36  states and provinces bordering the Red 
 17.37  River.  The unencumbered balance in the 
 17.38  first year does not cancel but is 
 17.39  available for the second year. 
 17.40  $105,000 the first year and $105,000 
 17.41  the second year are for a grant to Area 
 17.42  II, Minnesota River Basin Projects, 
 17.43  Inc., for floodplain management, 
 17.44  including administration of programs.  
 17.45  If the appropriation in either year is 
 17.46  insufficient, the appropriation in the 
 17.47  other year is available for it. 
 17.48  The board has authority to receive and 
 17.49  expend money to acquire conservation 
 17.50  easements, as defined in Minnesota 
 17.51  Statutes, chapter 84C, on behalf of the 
 17.52  state and federal government, 
 17.53  consistent with the Camp Ripley's Army 
 17.54  Compatible Use Buffer Project. 
 17.55  The board shall conduct an 
 17.56  implementation assessment of public 
 17.57  drainage system buffers and their use, 
 17.58  maintenance, and benefits.  The 
 17.59  assessment must be done in consultation 
 17.60  with farm groups, watershed districts, 
 17.61  soil and water conservation districts, 
 17.62  counties, and conservation 
 17.63  organizations, as well as federal 
 17.64  agencies implementing voluntary buffer 
 17.65  programs.  The board shall report the 
 18.1   results to the senate and house of 
 18.2   representatives committees with 
 18.3   jurisdiction over drainage systems by 
 18.4   January 15, 2006. 
 18.5   Sec. 6.  ZOOLOGICAL BOARD              6,189,000      6,191,000 
 18.6                 Summary by Fund
 18.7   General               6,057,000     6,057,000
 18.8   Natural Resources       132,000       134,000
 18.9   $132,000 the first year and $134,000 
 18.10  the second year are from the natural 
 18.11  resources fund from the revenue 
 18.12  deposited under Minnesota Statutes, 
 18.13  section 297A.94, paragraph (e), clause 
 18.14  (5).  This is a onetime appropriation. 
 18.15  Sec. 7.  SCIENCE MUSEUM     
 18.16  OF MINNESOTA                             750,000        750,000 
 18.17  Sec. 8.  METROPOLITAN COUNCIL          7,452,000      7,452,000
 18.18                Summary by Fund
 18.19  General                 3,300,000      3,300,000
 18.20  Natural Resources       4,152,000      4,152,000
 18.21  $3,300,000 the first year and 
 18.22  $3,300,000 the second year are for 
 18.23  metropolitan area regional parks 
 18.24  maintenance and operations. 
 18.25  $4,152,000 the first year and 
 18.26  $4,152,000 the second year are from the 
 18.27  natural resources fund for metropolitan 
 18.28  area regional parks and trails 
 18.29  maintenance and operations.  This 
 18.30  appropriation is from the revenue 
 18.31  deposited in the natural resources fund 
 18.32  under Minnesota Statutes, section 
 18.33  297A.94, paragraph (e), clause (3). 
 18.34  Sec. 9.  MINNESOTA FUTURE 
 18.35  RESOURCES FUND                        
 18.36  By June 30, 2006, and by June 30, 2007, 
 18.37  the commissioner of finance shall 
 18.38  transfer any remaining unappropriated 
 18.39  balance from the Minnesota future 
 18.40  resources fund to the general fund. 
 18.41  Sec. 10.  MINNESOTA RESOURCES 
 18.42  Subdivision 1.  Total
 18.43  Appropriation
 18.44                                       $20,457,000    $18,829,000
 18.45                Summary by Fund
 18.46  State Land and Water Conservation
 18.47  Account (LAWCON)      1,600,000       -0-
 18.48  Environment and Natural Resources
 18.49  Trust Fund           18,829,000    18,829,000
 18.50  Great Lakes Protection
 18.51  Account                  28,000       -0-
 19.1   Appropriations from the LAWCON account 
 19.2   and Great Lakes protection account are 
 19.3   available for either year of the 
 19.4   biennium. 
 19.5   For appropriations from the environment 
 19.6   and natural resources trust fund, any 
 19.7   unencumbered balance remaining in the 
 19.8   first year does not cancel and is 
 19.9   available for the second year of the 
 19.10  biennium.  Unless otherwise provided, 
 19.11  the amounts in this section are 
 19.12  available until June 30, 2007, when 
 19.13  projects must be completed and final 
 19.14  products delivered. 
 19.15  Subd. 2.  Definitions 
 19.16  (a) "State Land and Water Conservation 
 19.17  Account (LAWCON)" means the state land 
 19.18  and water conservation account in the 
 19.19  natural resources fund referred to in 
 19.20  Minnesota Statutes, section 116P.14. 
 19.21  (b) "Great Lakes Protection Account" 
 19.22  means the Great Lakes protection 
 19.23  account referred to in Minnesota 
 19.24  Statutes, section 116Q.02, subdivision 
 19.25  1. 
 19.26  (c) "Trust fund" means the Minnesota 
 19.27  environment and natural resources trust 
 19.28  fund referred to in Minnesota Statutes, 
 19.29  section 116P.02, subdivision 6. 
 19.30  Subd. 3.  Administration                 524,000        525,000
 19.31                Summary by Fund
 19.32  Trust Fund              524,000       525,000
 19.33  (a) Legislative Commission on Minnesota Resources       899,000
 19.34  $449,000 the first year and $450,000 
 19.35  the second year are from the trust fund 
 19.36  for administration as provided in 
 19.37  Minnesota Statutes, section 116P.09, 
 19.38  subdivision 5. 
 19.39  (b) Contract Administration                             150,000
 19.40  $75,000 the first year and $75,000 the 
 19.41  second year are from the trust fund to 
 19.42  the commissioner of natural resources 
 19.43  for contract administration activities 
 19.44  assigned to the commissioner in this 
 19.45  section.  This appropriation is 
 19.46  available until June 30, 2008. 
 19.47  Subd. 4.  Citizen Advisory Committee     10,000         10,000
 19.48                Summary by Fund
 19.49  Trust Fund               10,000        10,000
 19.50  $10,000 the first year and $10,000 the 
 19.51  second year are from the trust fund to 
 19.52  the Legislative Commission on Minnesota 
 19.53  Resources for expenses of the citizen 
 19.54  advisory committee as provided in 
 20.1   Minnesota Statutes, section 116P.06.  
 20.2   Notwithstanding Minnesota Statutes, 
 20.3   section 16A.281, the availability of 
 20.4   $15,000 of the appropriation from Laws 
 20.5   2003, chapter 128, article 1, section 
 20.6   9, subdivision 4, advisory committee, 
 20.7   is extended to June 30, 2007. 
 20.8   Subd. 5.  Fish and Wildlife Habitat    5,038,000      5,038,000
 20.9                 Summary by Fund
 20.10  Trust Fund            5,038,000     5,038,000
 20.11  (a) Restoring Minnesota's Fish and Wildlife
 20.12  Habitat Corridors-Phase III                           4,062,000
 20.13  $2,031,000 the first year and 
 20.14  $2,031,000 the second year are from the 
 20.15  trust fund to the commissioner of 
 20.16  natural resources for the third 
 20.17  biennium for acceleration of agency 
 20.18  programs and cooperative agreements 
 20.19  with Pheasants Forever, Minnesota Deer 
 20.20  Hunters Association, Ducks Unlimited, 
 20.21  Inc., National Wild Turkey Federation, 
 20.22  the Nature Conservancy, Minnesota Land 
 20.23  Trust, the Trust for Public Land, 
 20.24  Minnesota Valley National Wildlife 
 20.25  Refuge Trust, Inc., U.S. Fish and 
 20.26  Wildlife Service, Red Lake Band of 
 20.27  Chippewa, Leech Lake Band of Chippewa, 
 20.28  Fond du Lac Band of Chippewa, 
 20.29  USDA-Natural Resources Conservation 
 20.30  Service, and the Board of Water and 
 20.31  Soil Resources to plan, restore, and 
 20.32  acquire fragmented landscape corridors 
 20.33  that connect areas of quality habitat 
 20.34  to sustain fish, wildlife, and plants.  
 20.35  Expenditures are limited to the 11 
 20.36  project areas as defined in the work 
 20.37  program.  Land acquired with this 
 20.38  appropriation must be sufficiently 
 20.39  improved to meet at least minimum 
 20.40  habitat and facility management 
 20.41  standards as determined by the 
 20.42  commissioner of natural resources.  
 20.43  This appropriation may not be used for 
 20.44  the purchase of residential structures, 
 20.45  unless expressly approved in the work 
 20.46  program.  Any land acquired in fee 
 20.47  title by the commissioner of natural 
 20.48  resources with money from this 
 20.49  appropriation must be designated:  (1) 
 20.50  as an outdoor recreation unit under 
 20.51  Minnesota Statutes, section 86A.07; or 
 20.52  (2) as provided in Minnesota Statutes, 
 20.53  sections 89.018, subdivision 2, 
 20.54  paragraph (a); 97A.101; 97A.125; 
 20.55  97C.001; and 97C.011.  The commissioner 
 20.56  may similarly designate any lands 
 20.57  acquired in less than fee title.  This 
 20.58  appropriation is available until June 
 20.59  30, 2008, at which time the project 
 20.60  must be completed and final products 
 20.61  delivered, unless an earlier date is 
 20.62  specified in the work program. 
 20.63  (b) Metropolitan Area Wildlife
 20.64  Corridors-Phase II                                    3,530,000
 21.1   $1,765,000 the first year and 
 21.2   $1,765,000 the second year are from the 
 21.3   trust fund to the commissioner of 
 21.4   natural resources for the second 
 21.5   biennium for acceleration of agency 
 21.6   programs and cooperative agreements 
 21.7   with the Trust for Public Land, Ducks 
 21.8   Unlimited, Inc., Friends of the 
 21.9   Mississippi River, Great River 
 21.10  Greening, Minnesota Land Trust, 
 21.11  Minnesota Valley National Wildlife 
 21.12  Refuge Trust, Inc., Pheasants Forever, 
 21.13  Inc., and Friends of the Minnesota 
 21.14  Valley for the purposes of planning, 
 21.15  improving, and protecting important 
 21.16  natural areas in the metropolitan 
 21.17  region, as defined by Minnesota 
 21.18  Statutes, section 473.121, subdivision 
 21.19  2, and portions of the surrounding 
 21.20  counties, through grants, contracted 
 21.21  services, conservation easements, and 
 21.22  fee acquisition.  Land acquired with 
 21.23  this appropriation must be sufficiently 
 21.24  improved to meet at least minimum 
 21.25  management standards as determined by 
 21.26  the commissioner of natural resources.  
 21.27  Expenditures are limited to the 
 21.28  identified project areas as defined in 
 21.29  the work program.  This appropriation 
 21.30  may not be used for the purchase of 
 21.31  residential structures, unless 
 21.32  expressly approved in the work 
 21.33  program.  Any land acquired in fee 
 21.34  title by the commissioner of natural 
 21.35  resources with money from this 
 21.36  appropriation must be designated:  (1) 
 21.37  as an outdoor recreation unit under 
 21.38  Minnesota Statutes, section 86A.07; or 
 21.39  (2) as provided in Minnesota Statutes, 
 21.40  sections 89.018, subdivision 2, 
 21.41  paragraph (a); 97A.101; 97A.125; 
 21.42  97C.001; and 97C.011.  The commissioner 
 21.43  may similarly designate any lands 
 21.44  acquired in less than fee title.  This 
 21.45  appropriation is available until June 
 21.46  30, 2008, at which time the project 
 21.47  must be completed and final products 
 21.48  delivered, unless an earlier date is 
 21.49  specified in the work program. 
 21.50  (c) Development of Scientific and Natural Areas         134,000
 21.51  $67,000 the first year and $67,000 the 
 21.52  second year are from the trust fund to 
 21.53  the commissioner of natural resources 
 21.54  to develop and enhance lands designated 
 21.55  as scientific and natural areas.  This 
 21.56  appropriation is available until June 
 21.57  30, 2008, at which time the project 
 21.58  must be completed and final products 
 21.59  delivered, unless an earlier date is 
 21.60  specified in the work program. 
 21.61  (d) Prairie Stewardship of Private Lands                100,000
 21.62  $50,000 the first year and $50,000 the 
 21.63  second year are from the trust fund to 
 21.64  the commissioner of natural resources 
 21.65  to develop stewardship plans and 
 21.66  implement prairie management on private 
 21.67  prairie lands on a cost-share basis 
 22.1   with private or federal funds.  This 
 22.2   appropriation is available until June 
 22.3   30, 2008, at which time the project 
 22.4   must be completed and final products 
 22.5   delivered, unless an earlier date is 
 22.6   specified in the work program. 
 22.7   (e) Local Initiative Grants-Conservation
 22.8   Partners and Environmental Partnerships                 500,000
 22.9   $250,000 the first year and $250,000 
 22.10  the second year are from the trust fund 
 22.11  to the commissioner of natural 
 22.12  resources to provide matching grants of 
 22.13  up to $20,000 to local government and 
 22.14  private organizations for enhancement, 
 22.15  restoration, research, and education 
 22.16  associated with natural habitat and 
 22.17  environmental service projects.  
 22.18  Subdivision 16 applies to grants 
 22.19  awarded in the approved work program.  
 22.20  This appropriation is available until 
 22.21  June 30, 2008, at which time the 
 22.22  project must be completed and final 
 22.23  products delivered, unless an earlier 
 22.24  date is specified in the work program. 
 22.25  (f) Minnesota ReLeaf Community Forest
 22.26  Development and Protection                              500,000
 22.27  $250,000 the first year and $250,000 
 22.28  the second year are from the trust fund 
 22.29  to the commissioner of natural 
 22.30  resources for acceleration of the 
 22.31  agency program and a cooperative 
 22.32  agreement with Tree Trust to protect 
 22.33  forest resources, develop 
 22.34  inventory-based management plans, and 
 22.35  provide matching grants to communities 
 22.36  to plant native trees.  At least 
 22.37  $390,000 of this appropriation must be 
 22.38  used for grants to communities.  For 
 22.39  the purposes of this paragraph, the 
 22.40  match must be a nonstate contribution, 
 22.41  but may be either cash or qualifying 
 22.42  in-kind.  This appropriation is 
 22.43  available until June 30, 2008, at which 
 22.44  time the project must be completed and 
 22.45  final projects delivered, unless an 
 22.46  earlier date is specified in the work 
 22.47  program. 
 22.48  (g) Integrated and Pheromonal Control of
 22.49  Common Carp                                             550,000
 22.50  $275,000 the first year and $275,000 
 22.51  the second year are from the trust fund 
 22.52  to the University of Minnesota for the 
 22.53  second biennium to research new options 
 22.54  for controlling common carp.  This 
 22.55  appropriation is available until June 
 22.56  30, 2009, at which time the project 
 22.57  must be completed and final products 
 22.58  delivered, unless an earlier date is 
 22.59  specified in the work program. 
 22.60  (h) Biological Control of European Buckthorn
 22.61  and Garlic Mustard                                      200,000
 22.62  $100,000 the first year and $100,000 
 22.63  the second year are from the trust fund 
 23.1   to the commissioner of natural 
 23.2   resources to research potential insects 
 23.3   for biological control of invasive 
 23.4   European buckthorn species for the 
 23.5   second biennium and to introduce and 
 23.6   evaluate insects for biological control 
 23.7   of garlic mustard.  This appropriation 
 23.8   is available until June 30, 2008, at 
 23.9   which time the project must be 
 23.10  completed and final products delivered, 
 23.11  unless an earlier date is specified in 
 23.12  the work program. 
 23.13  (i) Land Exchange Revolving Fund for
 23.14  Aitkin, Cass, and Crow Wing Counties                    500,000
 23.15  $250,000 the first year and $250,000 
 23.16  the second year are from the trust fund 
 23.17  to the commissioner of natural 
 23.18  resources for an agreement with Aitkin 
 23.19  County for a six-year revolving loan 
 23.20  fund to improve public and private land 
 23.21  ownership patterns, increase management 
 23.22  efficiency, and protect critical 
 23.23  habitat in Aitkin, Cass, and Crow Wing 
 23.24  Counties.  By June 30, 2011, Aitkin 
 23.25  County shall repay the $500,000 to the 
 23.26  commissioner of finance for deposit in 
 23.27  the environment and natural resources 
 23.28  trust fund. 
 23.29  Subd. 6.  Recreation                   7,160,000      5,559,000
 23.30                Summary by Fund
 23.31  Trust Fund            5,560,000     5,559,000
 23.32  State Land and Water Conservation
 23.33  Account (LAWCON)      1,600,000       -0-
 23.34  (a) State Park and Recreation Area
 23.35  Land Acquisition                                      2,000,000
 23.36  $1,000,000 the first year and 
 23.37  $1,000,000 the second year are from the 
 23.38  trust fund to the commissioner of 
 23.39  natural resources to acquire 
 23.40  in-holdings for state park and 
 23.41  recreation areas.  Land acquired with 
 23.42  this appropriation must be sufficiently 
 23.43  improved to meet at least minimum 
 23.44  management standards as determined by 
 23.45  the commissioner of natural resources.  
 23.46  This appropriation is available until 
 23.47  June 30, 2008, at which time the 
 23.48  project must be completed and final 
 23.49  products delivered, unless an earlier 
 23.50  date is specified in the work program. 
 23.51  (b) LAWCON Federal Reimbursements                     1,600,000
 23.52  $1,600,000 is from the State Land and 
 23.53  Water Conservation Account (LAWCON) in 
 23.54  the natural resources fund to the 
 23.55  commissioner of natural resources for 
 23.56  priorities established by the 
 23.57  commissioner for eligible state 
 23.58  projects and administrative and 
 23.59  planning activities consistent with 
 23.60  Minnesota Statutes, section 116P.14, 
 23.61  and the federal Land and Water 
 24.1   Conservation Fund Act.  Subdivision 16 
 24.2   applies to grants awarded in the 
 24.3   approved work program.  This 
 24.4   appropriation is contingent upon 
 24.5   receipt of the federal obligation and 
 24.6   remains available until June 30, 2008, 
 24.7   at which time the project must be 
 24.8   completed and final products delivered, 
 24.9   unless an earlier date is specified in 
 24.10  the work program. 
 24.11  (c) State Park and Recreation Area
 24.12  Revenue-Enhancing Development                           200,000
 24.13  $100,000 the first year and $100,000 
 24.14  the second year are from the trust fund 
 24.15  to the commissioner of natural 
 24.16  resources to enhance revenue generation 
 24.17  in the state's park and recreation 
 24.18  system. 
 24.19  (d) Best Management Practices for Parks
 24.20  and Outdoor Recreation                                  200,000
 24.21  $100,000 the first year and $100,000 
 24.22  the second year are from the trust fund 
 24.23  to the commissioner of natural 
 24.24  resources for an agreement with the 
 24.25  Minnesota Recreation and Park 
 24.26  Association to develop and evaluate 
 24.27  opportunities to more efficiently 
 24.28  manage Minnesota's parks and outdoor 
 24.29  recreation areas. 
 24.30  (e) Metropolitan Regional Parks Acquisition,
 24.31  Rehabilitation, and Development                       2,000,000
 24.32  $1,000,000 the first year and 
 24.33  $1,000,000 the second year are from the 
 24.34  trust fund to the Metropolitan Council 
 24.35  for subgrants for the acquisition, 
 24.36  development, and rehabilitation in the 
 24.37  metropolitan regional park system, 
 24.38  consistent with the Metropolitan 
 24.39  Council regional recreation open space 
 24.40  capital improvement plan.  This 
 24.41  appropriation may not be used for the 
 24.42  purchase of residential structures, may 
 24.43  be used to reimburse implementing 
 24.44  agencies for acquisition as expressly 
 24.45  approved in the work program, and must 
 24.46  be matched by at least 40 percent of 
 24.47  nonstate money.  Subdivision 16 applies 
 24.48  to grants awarded in the approved work 
 24.49  program.  This appropriation is 
 24.50  available until June 30, 2008, at which 
 24.51  time the project must be completed and 
 24.52  final products delivered, unless an 
 24.53  earlier date is specified in the work 
 24.54  program.  If a project financed under 
 24.55  this program receives a federal grant 
 24.56  award, the availability of the 
 24.57  financing from this paragraph for that 
 24.58  project is extended to equal the period 
 24.59  of the federal grant. 
 24.60  (f) Gitchi-Gami State Trail                             500,000
 24.61  $250,000 the first year and $250,000 
 24.62  the second year are from the trust fund 
 24.63  to the commissioner of natural 
 25.1   resources, in cooperation with the 
 25.2   Gitchi-Gami Trail Association, for the 
 25.3   fourth biennium, to design and 
 25.4   construct approximately two miles of 
 25.5   Gitchi-Gami State Trail segments.  This 
 25.6   appropriation is available until June 
 25.7   30, 2008, at which time the project 
 25.8   must be completed and final products 
 25.9   delivered.  If this project receives a 
 25.10  federal grant award, the availability 
 25.11  of the financing from this paragraph 
 25.12  for the project is extended to equal 
 25.13  the period of the federal grant. 
 25.14  (g) Casey Jones State Trail                           1,200,000
 25.15  $600,000 the first year and $600,000 
 25.16  the second year are from the trust fund 
 25.17  to the commissioner of natural 
 25.18  resources in cooperation with the 
 25.19  Friends of the Casey Jones Trail 
 25.20  Association for land acquisition and 
 25.21  development of the Casey Jones State 
 25.22  Trail in southwest Minnesota.  This 
 25.23  appropriation is available until June 
 25.24  30, 2008, at which time the project 
 25.25  must be completed and final products 
 25.26  delivered.  If this project receives a 
 25.27  federal grant award, the availability 
 25.28  of the financing from this paragraph 
 25.29  for the project is extended to equal 
 25.30  the period of the federal grant. 
 25.31  (h) Paul Bunyan State Trail Connection                  400,000
 25.32  $200,000 the first year and $200,000 
 25.33  the second year are from the trust fund 
 25.34  to the commissioner of natural 
 25.35  resources to acquire land to connect 
 25.36  the Paul Bunyan State Trail within the 
 25.37  city of Bemidji. 
 25.38  (i) Minnesota River Trail Planning                      200,000
 25.39  $100,000 the first year and $100,000 
 25.40  the second year are from the trust fund 
 25.41  to the commissioner of natural 
 25.42  resources for an agreement with the 
 25.43  University of Minnesota to provide 
 25.44  trail planning assistance to three 
 25.45  communities along the Minnesota River 
 25.46  State Trail. 
 25.47  (j) Local Initiative Grants-Parks and Natural Areas   1,200,000
 25.48  $600,000 the first year and $600,000 
 25.49  the second year are from the trust fund 
 25.50  to the commissioner of natural 
 25.51  resources to provide matching grants to 
 25.52  local governments for acquisition and 
 25.53  development of natural and scenic areas 
 25.54  and local parks as provided in 
 25.55  Minnesota Statutes, section 85.019, 
 25.56  subdivisions 2 and 4a, and regional 
 25.57  parks outside of the metropolitan 
 25.58  area.  Grants may provide up to 50 
 25.59  percent of the nonfederal share of the 
 25.60  project cost, except nonmetropolitan 
 25.61  regional park grants may provide up to 
 25.62  60 percent of the nonfederal share of 
 25.63  the project cost.  $500,000 of this 
 26.1   appropriation is for land acquisition 
 26.2   for a proposed county regional park on 
 26.3   Kraemer Lake in Stearns County.  The 
 26.4   commission will monitor the grants for 
 26.5   approximate balance over extended 
 26.6   periods of time between the 
 26.7   metropolitan area, under Minnesota 
 26.8   Statutes, section 473.121, subdivision 
 26.9   2, and the nonmetropolitan area through 
 26.10  work program oversight and periodic 
 26.11  allocation decisions.  For the purposes 
 26.12  of this paragraph, the match must be a 
 26.13  nonstate contribution, but may be 
 26.14  either cash or qualifying in-kind.  
 26.15  Recipients may receive funding for more 
 26.16  than one project in any given grant 
 26.17  period.  Subdivision 16 applies to 
 26.18  grants awarded in the approved work 
 26.19  program.  This appropriation is 
 26.20  available until June 30, 2008, at which 
 26.21  time the project must be completed and 
 26.22  final products delivered. 
 26.23  (k) Regional Park Planning for Nonmetropolitan
 26.24  Urban Areas                                              86,000
 26.25  $43,000 the first year and $43,000 the 
 26.26  second year are from the trust fund to 
 26.27  the commissioner of natural resources 
 26.28  for an agreement with the University of 
 26.29  Minnesota to develop a plan for a 
 26.30  system of regional recreation areas for 
 26.31  major outstate urban complexes in 
 26.32  Minnesota. 
 26.33  (l) Local and Regional Trail Grant Initiative Program   700,000
 26.34  $350,000 the first year and $350,000 
 26.35  the second year are from the trust fund 
 26.36  to the commissioner of natural 
 26.37  resources to provide matching grants to 
 26.38  local units of government for the cost 
 26.39  of acquisition, development, 
 26.40  engineering services, and enhancement 
 26.41  of existing and new trail facilities.  
 26.42  Subdivision 16 applies to grants 
 26.43  awarded in the approved work program.  
 26.44  This appropriation is available until 
 26.45  June 30, 2008, at which time the 
 26.46  project must be completed and final 
 26.47  products delivered, unless an earlier 
 26.48  date is specified in the work program.  
 26.49  In addition, if a project financed 
 26.50  under this program receives a federal 
 26.51  grant award, the availability of the 
 26.52  financing from this paragraph for that 
 26.53  project is extended to equal the period 
 26.54  of the federal grant. 
 26.55  (m) Mesabi Trail                                      1,000,000
 26.56  $500,000 the first year and $500,000 
 26.57  the second year are from the trust fund 
 26.58  to the commissioner of natural 
 26.59  resources for an agreement with St. 
 26.60  Louis and Lake Counties Regional Rail 
 26.61  Authority for the seventh biennium to 
 26.62  acquire and develop segments for the 
 26.63  Mesabi Trail.  This appropriation is 
 26.64  available until June 30, 2008, at which 
 26.65  time the project must be completed and 
 27.1   final products delivered.  If this 
 27.2   project receives a federal grant award, 
 27.3   the availability of the financing from 
 27.4   this paragraph for the project is 
 27.5   extended to equal the period of the 
 27.6   federal grant. 
 27.7   (n) Cannon Valley Trail Belle Creek Bridge
 27.8   Replacement                                             300,000
 27.9   $150,000 the first year and $150,000 
 27.10  the second year are from the trust fund 
 27.11  to the commissioner of natural 
 27.12  resources for an agreement with the 
 27.13  Cannon Valley Trail Joint Powers Board 
 27.14  for bridge replacement of the Belle 
 27.15  Creek Bridge on the Cannon Valley 
 27.16  Trail.  This appropriation must be 
 27.17  matched by at least $44,000 of nonstate 
 27.18  money. 
 27.19  (o) Arrowhead Regional Bike Trail Connections Plan       83,000
 27.20  $42,000 the first year and $41,000 the 
 27.21  second year are from the trust fund to 
 27.22  the commissioner of natural resources 
 27.23  for an agreement with the Arrowhead 
 27.24  Regional Development Commission to 
 27.25  analyze the Arrowhead's major bike 
 27.26  trails and plan new trail connections. 
 27.27  (p) Land Acquisition, Minnesota Landscape Arboretum     650,000
 27.28  $325,000 the first year and $325,000 
 27.29  the second year are from the trust fund 
 27.30  to the University of Minnesota for an 
 27.31  agreement with the University of 
 27.32  Minnesota Landscape Arboretum 
 27.33  Foundation for the sixth biennium to 
 27.34  acquire land from willing sellers.  
 27.35  This appropriation must be matched by 
 27.36  an equal amount of nonstate money.  
 27.37  This appropriation is available until 
 27.38  June 30, 2008, at which time the 
 27.39  project must be completed and final 
 27.40  products delivered, unless an earlier 
 27.41  date is specified in the work program. 
 27.42  (q) Development and Rehabilitation of Minnesota
 27.43  Shooting Ranges                                         300,000
 27.44  $150,000 the first year and $150,000 
 27.45  the second year are from the trust fund 
 27.46  to the commissioner of natural 
 27.47  resources to provide technical 
 27.48  assistance and matching grants to local 
 27.49  communities and recreational shooting 
 27.50  and archery clubs for the purpose of 
 27.51  developing or rehabilitating shooting 
 27.52  and archery facilities for public use.  
 27.53  Recipient facilities must be open to 
 27.54  the general public at reasonable times 
 27.55  and for a reasonable fee on a walk-in 
 27.56  basis.  This appropriation is available 
 27.57  until June 30, 2008, at which time the 
 27.58  project must be completed and final 
 27.59  products delivered, unless an earlier 
 27.60  date is specified in the work program. 
 27.61  (r) Birding Maps                                        100,000
 28.1   $50,000 the first year and $50,000 the 
 28.2   second year are from the trust fund to 
 28.3   the commissioner of natural resources 
 28.4   for an agreement with Audubon Minnesota 
 28.5   to create a new birding trail guide for 
 28.6   the North Shore/Arrowhead region and 
 28.7   reprint and distribute guides for three 
 28.8   existing birding trails. 
 28.9   Subd. 7.  Water Resources              3,027,000      3,000,000
 28.10                Summary by Fund
 28.11  Trust Fund            2,999,000     3,000,000
 28.12  Great Lakes Protection
 28.13  Account                                28,000
 28.14  (a) Local Water Management Matching Challenge Grants  1,000,000
 28.15  $500,000 the first year and $500,000 
 28.16  the second year are from the trust fund 
 28.17  to the Board of Water and Soil 
 28.18  Resources to accelerate the local water 
 28.19  management challenge grant program 
 28.20  under Minnesota Statutes, sections 
 28.21  103B.3361 to 103B.3369, through 
 28.22  matching grants to implement high 
 28.23  priority activities in state-approved 
 28.24  comprehensive water management plans.  
 28.25  For the purposes of this paragraph, the 
 28.26  match must be a nonstate contribution, 
 28.27  but may be either cash or qualifying 
 28.28  in-kind.  The grants may be provided on 
 28.29  an advance basis as specified in the 
 28.30  work program.  This appropriation is 
 28.31  available until June 30, 2008, at which 
 28.32  time the project must be completed and 
 28.33  final products delivered, unless an 
 28.34  earlier date is specified in the work 
 28.35  program. 
 28.36  (b) Accelerating and Enhancing Surface Water
 28.37  Monitoring for Lakes and Streams                        600,000
 28.38  $300,000 the first year and $300,000 
 28.39  the second year are from the trust fund 
 28.40  to the commissioner of the Pollution 
 28.41  Control Agency for acceleration of 
 28.42  agency programs and cooperative 
 28.43  agreements with the Minnesota Lakes 
 28.44  Association, Rivers Council of 
 28.45  Minnesota, and the University of 
 28.46  Minnesota to accelerate monitoring 
 28.47  efforts through assessments, citizen 
 28.48  training, and implementation grants.  
 28.49  This appropriation is available until 
 28.50  June 30, 2008, at which time the 
 28.51  project must be completed and final 
 28.52  products delivered, unless an earlier 
 28.53  date is specified in the work program. 
 28.54  (c) Effects of Land Retirements on the
 28.55  Minnesota River                                         300,000
 28.56  $150,000 the first year and $150,000 
 28.57  the second year are from the trust fund 
 28.58  to the Board of Water and Soil 
 28.59  Resources for a cooperative agreement 
 28.60  with the U.S. Geological Survey to 
 28.61  evaluate effects of retired or 
 29.1   set-aside agricultural lands on the 
 29.2   water quality and aquatic habitat of 
 29.3   streams in the Minnesota River Basin in 
 29.4   order to enhance prioritization of 
 29.5   future land retirements.  This 
 29.6   appropriation must be matched by an 
 29.7   equal amount of nonstate money.  This 
 29.8   appropriation is available until June 
 29.9   30, 2008, at which time the project 
 29.10  must be completed and final products 
 29.11  delivered, unless an earlier date is 
 29.12  specified in the work program. 
 29.13  (d) Recycling Treated Municipal Wastewater for
 29.14  Industrial Water Use                                    300,000
 29.15  $150,000 the first year and $150,000 
 29.16  the second year are from the trust fund 
 29.17  to the commissioner of natural 
 29.18  resources for an agreement with the 
 29.19  Metropolitan Council to determine the 
 29.20  feasibility of recycling treated 
 29.21  municipal wastewater for industrial 
 29.22  use, characterize industrial water 
 29.23  demand and quality, and determine the 
 29.24  costs to treat municipal wastewater to 
 29.25  meet specific industrial needs. 
 29.26  (e) Unwanted Hormone Therapy:  Protecting Water
 29.27  and Public Health                                       300,000
 29.28  $150,000 the first year and $150,000 
 29.29  the second year are from the trust fund 
 29.30  to the University of Minnesota to 
 29.31  determine where behavior-altering 
 29.32  estrogenic compounds come from and how 
 29.33  they are distributed in wastewater 
 29.34  treatment plants.  This appropriation 
 29.35  is available until June 30, 2008, at 
 29.36  which time the project must be 
 29.37  completed and final products delivered, 
 29.38  unless an earlier date is specified in 
 29.39  the work program. 
 29.40  (f) Climate Change Impacts on Minnesota's
 29.41  Aquatic Resources                                       250,000
 29.42  $125,000 the first year and $125,000 
 29.43  the second year are from the trust fund 
 29.44  to the University of Minnesota, Natural 
 29.45  Resources Research Institute, to 
 29.46  quantify climate, hydrologic, and 
 29.47  ecological variability and trends; and 
 29.48  identify indicators of future climate 
 29.49  change effects on aquatic systems.  
 29.50  This appropriation is available until 
 29.51  June 30, 2008, at which time the 
 29.52  project must be completed and final 
 29.53  products delivered, unless an earlier 
 29.54  date is specified in the work program. 
 29.55  (g) Green Roof Cost Share and Monitoring                350,000
 29.56  $175,000 the first year and $175,000 
 29.57  the second year are from the trust fund 
 29.58  to the commissioner of natural 
 29.59  resources for an agreement with Ramsey 
 29.60  Conservation District to install green, 
 29.61  vegetated roofs on four commercial or 
 29.62  industrial buildings in Roseville and 
 29.63  Falcon Heights and to monitor their 
 30.1   effectiveness for stormwater 
 30.2   management, flood reduction, water 
 30.3   quality, and energy efficiency.  The 
 30.4   cost of the installations must be 
 30.5   matched by at least 50 percent nonstate 
 30.6   money. 
 30.7   (h) Woodchip Biofilter Treatment of Feedlot Runoff      270,000
 30.8   $135,000 the first year and $135,000 
 30.9   the second year are from the trust fund 
 30.10  to the commissioner of natural 
 30.11  resources for agreements with Stearns 
 30.12  County Soil and Water Conservation 
 30.13  District and the University of 
 30.14  Minnesota to treat feedlot runoff with 
 30.15  woodchip biofilters to remove 
 30.16  pollutants and assess improvements to 
 30.17  surface water quality.  This 
 30.18  appropriation is available until June 
 30.19  30, 2008, at which time the project 
 30.20  must be completed and final products 
 30.21  delivered, unless an earlier date is 
 30.22  specified in the work program. 
 30.23  (i) Improving Water Quality on the Central Sands        587,000
 30.24  $294,000 the first year and $293,000 
 30.25  the second year are from the trust fund 
 30.26  to the commissioner of natural 
 30.27  resources for agreements with the 
 30.28  University of Minnesota and the Central 
 30.29  Lakes College Agricultural Center to 
 30.30  reduce nitrate and phosphorus losses to 
 30.31  groundwater and surface waters of sandy 
 30.32  ecoregions through the development, 
 30.33  promotion, and adoption of new farming 
 30.34  and land management practices and 
 30.35  techniques.  This appropriation is 
 30.36  available until June 30, 2008, at which 
 30.37  time the project must be completed and 
 30.38  final products delivered, unless an 
 30.39  earlier date is specified in the work 
 30.40  program. 
 30.41  (j) Improving Impaired Watersheds:  Conservation
 30.42  Drainage Research                                       300,000
 30.43  $150,000 the first year and $150,000 
 30.44  the second year are from the trust fund 
 30.45  to the commissioner of agriculture to 
 30.46  analyze conservation drainage systems 
 30.47  at University of Minnesota research and 
 30.48  outreach centers for opportunities to 
 30.49  retrofit drainage infrastructure with 
 30.50  water quality improvement 
 30.51  technologies.  This appropriation is 
 30.52  available until June 30, 2008, at which 
 30.53  time the project must be completed and 
 30.54  final products delivered, unless an 
 30.55  earlier date is specified in the work 
 30.56  program. 
 30.57  (k) Hydrology, Habitat, and Energy Potential
 30.58  of Mine Lakes                                           500,000
 30.59  $188,000 the first year and $211,000 
 30.60  the second year are from the trust fund 
 30.61  to the commissioner of natural 
 30.62  resources for agency work and 
 30.63  agreements with Architectural 
 31.1   Resources, Inc., and Northeast 
 31.2   Technical Services, Inc., for a 
 31.3   coordinated effort of the Central Iron 
 31.4   Range Initiative to establish ultimate 
 31.5   mine water elevations, outflows, and 
 31.6   quality; design optimum future mineland 
 31.7   configurations for fish habitat and 
 31.8   lakeshore development; and evaluate 
 31.9   wind-pumped hydropower potential.  
 31.10  $62,000 the first year and $39,000 the 
 31.11  second year are from the trust fund to 
 31.12  the Minnesota Geological Survey at the 
 31.13  University of Minnesota to assess the 
 31.14  geology and mine pit morphometry. 
 31.15  (l) Hennepin County Beach Water Quality
 31.16  Monitoring Project                                      100,000
 31.17  $50,000 the first year and $50,000 the 
 31.18  second year are from the trust fund to 
 31.19  the commissioner of natural resources 
 31.20  for an agreement with Hennepin County 
 31.21  to develop a predictive model for 
 31.22  on-site determination of beach water 
 31.23  quality to prevent outbreaks of 
 31.24  waterborne illnesses and provide 
 31.25  related water safety outreach to the 
 31.26  public. 
 31.27  (m) Southwest Minnesota Floodwater Retention Projects   500,000
 31.28  $250,000 the first year and $250,000 
 31.29  the second year are from the trust fund 
 31.30  to the commissioner of natural 
 31.31  resources for an agreement with Area II 
 31.32  MN River Basin Projects, Inc., to 
 31.33  acquire easements and construct four 
 31.34  floodwater retention projects in the 
 31.35  Minnesota River Basin to improve water 
 31.36  quality and waterfowl habitat. 
 31.37  (n) Upgrades to Blue Heron Research Vessel              295,000
 31.38  $28,000 is from the Great Lakes 
 31.39  protection account in the first year 
 31.40  and $133,000 the first year and 
 31.41  $134,000 the second year are from the 
 31.42  trust fund to the University of 
 31.43  Minnesota, Large Lakes Observatory, to 
 31.44  upgrade and overhaul the Blue Heron 
 31.45  Research Vessel. 
 31.46  (o) Bassett Creek Valley Channel Restoration            175,000
 31.47  $87,000 the first year and $88,000 the 
 31.48  second year are from the trust fund to 
 31.49  the commissioner of natural resources 
 31.50  for an agreement with the city of 
 31.51  Minneapolis for design and engineering 
 31.52  activities for habitat restoration and 
 31.53  water quality and channel improvements 
 31.54  for Bassett Creek Valley. 
 31.55  (p) Restoration of Indian Lake                          200,000
 31.56  $100,000 the first year and $100,000 
 31.57  the second year are from the trust fund 
 31.58  to the commissioner of natural 
 31.59  resources for agreements with MN 
 31.60  Environmental Services and Bemidji 
 31.61  State University to demonstrate the 
 32.1   removal of excess nutrients from Indian 
 32.2   Lake in Wright County.  This 
 32.3   appropriation is available until June 
 32.4   30, 2008, at which time the project 
 32.5   must be completed and final products 
 32.6   delivered, unless an earlier date is 
 32.7   specified in the work program, and is 
 32.8   contingent on all appropriate permits 
 32.9   being obtained. 
 32.10  Subd. 8.  Land Use and Natural Resource
 32.11  Information                            1,000,000      1,000,000
 32.12                Summary by Fund
 32.13  Trust Fund            1,000,000     1,000,000
 32.14  (a) Minnesota County Biological Survey                1,000,000
 32.15  $500,000 the first year and $500,000 
 32.16  the second year are from the trust fund 
 32.17  to the commissioner of natural 
 32.18  resources for the tenth biennium to 
 32.19  accelerate the survey that identifies 
 32.20  significant natural areas and 
 32.21  systematically collects and interprets 
 32.22  data on the distribution and ecology of 
 32.23  native plant communities, rare plants, 
 32.24  and rare animals. 
 32.25  (b) Soil Survey                                         500,000
 32.26  $250,000 the first year and $250,000 
 32.27  the second year are from the trust fund 
 32.28  to the Board of Water and Soil 
 32.29  Resources to accelerate digitizing of 
 32.30  completed soil surveys for Web-based 
 32.31  user application and for agreements 
 32.32  with Pine and Crow Wing Counties to 
 32.33  begin soil surveys.  The new soil 
 32.34  surveys must be done on a cost-share 
 32.35  basis with local and federal funds.  
 32.36  This appropriation is available until 
 32.37  June 30, 2008, at which time the 
 32.38  project must be completed and final 
 32.39  products delivered, unless an earlier 
 32.40  date is specified in the work program. 
 32.41  (c) Land Cover Mapping for Natural Resource Protection  250,000
 32.42  $125,000 the first year and $125,000 
 32.43  the second year are from the trust fund 
 32.44  to the commissioner of natural 
 32.45  resources for an agreement with 
 32.46  Hennepin County to develop GIS tools 
 32.47  for prioritizing natural areas for 
 32.48  protection and restoration and to 
 32.49  update and complete land cover 
 32.50  classification mapping. 
 32.51  (d) Open Space Planning and Protection                  250,000
 32.52  $125,000 the first year and $125,000 
 32.53  the second year are from the trust fund 
 32.54  to the commissioner of natural 
 32.55  resources for an agreement with Anoka 
 32.56  Conservation District to protect open 
 32.57  space by identifying high priority 
 32.58  natural resource corridors through 
 32.59  planning, conservation easements, and 
 32.60  land dedication as part of development 
 33.1   processes. 
 33.2   Subd. 9.  Agriculture and Natural
 33.3   Resource Industries                    1,342,000      1,341,000
 33.4                 Summary by Fund
 33.5   Trust Fund            1,342,000     1,341,000
 33.6   (a) Completing Third-Party Certification
 33.7   of DNR Forest Lands                                     250,000
 33.8   $125,000 the first year and $125,000 
 33.9   the second year are from the trust fund 
 33.10  to the commissioner of natural 
 33.11  resources for third-party assessment 
 33.12  and certification of 4,470,000 acres of 
 33.13  DNR-administered lands under forest 
 33.14  sustainability standards established by 
 33.15  two internationally recognized forest 
 33.16  certification systems, the Forest 
 33.17  Stewardship Council system, and the 
 33.18  Sustainable Forestry Initiative system. 
 33.19  (b) Third-Party Certification of Private Woodlands      376,000
 33.20  $188,000 the first year and $188,000 
 33.21  the second year are from the trust fund 
 33.22  to the University of Minnesota, Cloquet 
 33.23  Forestry Center, to pilot a third-party 
 33.24  certification assessment framework for 
 33.25  nonindustrial private forest owners. 
 33.26  (c) Sustainable Management of Private Forest Lands      874,000
 33.27  $437,000 the first year and $437,000 
 33.28  the second year are from the trust fund 
 33.29  to the commissioner of natural 
 33.30  resources to develop stewardship plans 
 33.31  for private forested lands, implement 
 33.32  stewardship plans on a cost-share basis 
 33.33  and for conservation easements matching 
 33.34  federal funds.  This appropriation is 
 33.35  available until June 30, 2008, at which 
 33.36  time the project must be completed and 
 33.37  final products delivered, unless an 
 33.38  earlier date is specified in the work 
 33.39  program. 
 33.40  (d) Evaluating Riparian Timber Harvesting
 33.41  Guidelines:  Phase 2                                    333,000
 33.42  $167,000 the first year and $166,000 
 33.43  the second year are from the trust fund 
 33.44  to the University of Minnesota for a 
 33.45  second biennium to assess the timber 
 33.46  harvesting riparian management 
 33.47  guidelines for postharvest impacts on 
 33.48  terrestrial, aquatic, and wildlife 
 33.49  habitat.  This appropriation is 
 33.50  available until June 30, 2008, at which 
 33.51  time the project must be completed and 
 33.52  final products delivered, unless an 
 33.53  earlier date is specified in the work 
 33.54  program. 
 33.55  (e) Third Crops for Water Quality-Phase 2                 500,000
 33.56  $250,000 the first year and $250,000 
 33.57  the second year are from the trust fund 
 33.58  to the commissioner of natural 
 34.1   resources for cooperative agreements 
 34.2   with Rural Advantage and the University 
 34.3   of Minnesota to accelerate adoption of 
 34.4   third crops to enhance water quality, 
 34.5   diversify cropping systems, supply 
 34.6   bioenergy, and provide wildlife habitat 
 34.7   through demonstration, research, and 
 34.8   education.  This appropriation is 
 34.9   available until June 30, 2008, at which 
 34.10  time the project must be completed and 
 34.11  final products delivered, unless an 
 34.12  earlier date is specified in the work 
 34.13  program. 
 34.14  (f) Bioconversion of Potato Waste into
 34.15  Marketable Biopolymers                                  350,000
 34.16  $175,000 the first year and $175,000 
 34.17  the second year are from the trust fund 
 34.18  to the commissioner of natural 
 34.19  resources for an agreement with Bemidji 
 34.20  State University to evaluate the 
 34.21  bioconversion of potato waste into 
 34.22  plant-based plastics.  This 
 34.23  appropriation is available until June 
 34.24  30, 2008, at which time the project 
 34.25  must be completed and final products 
 34.26  delivered, unless an earlier date is 
 34.27  specified in the work program. 
 34.28  Subd. 10.  Energy                      1,896,000      1,896,000
 34.29                Summary by Fund
 34.30  Trust Fund            1,896,000     1,896,000
 34.31  (a) Clean Energy Resource Teams and Community Wind
 34.32  Energy Rebate Programs                                  700,000
 34.33  $350,000 the first year and $350,000 
 34.34  the second year are from the trust fund 
 34.35  to the commissioner of commerce.  
 34.36  $300,000 of this appropriation is to 
 34.37  provide technical assistance to 
 34.38  implement cost-effective conservation, 
 34.39  energy efficiency, and renewable energy 
 34.40  projects.  $400,000 of this 
 34.41  appropriation is to assist two 
 34.42  Minnesota communities in developing 
 34.43  locally owned wind energy projects by 
 34.44  offering financial assistance rebates. 
 34.45  (b) Planning for Economic Development
 34.46  via Energy Independence                                 240,000
 34.47  $120,000 the first year and $120,000 
 34.48  the second year are from the trust fund 
 34.49  to the commissioner of natural 
 34.50  resources for an agreement with the 
 34.51  University of Minnesota-Duluth to 
 34.52  evaluate the socioeconomic benefits of 
 34.53  statewide and community renewable 
 34.54  energy production and distribution by 
 34.55  analyzing system installation, 
 34.56  technical capabilities, 
 34.57  cost-competitiveness, economic impacts, 
 34.58  and policy incentives. 
 34.59  (c) Manure Methane Digester Compatible Wastes
 34.60  and Electrical Generation                               100,000
 35.1   $50,000 the first year and $50,000 the 
 35.2   second year are from the trust fund to 
 35.3   the commissioner of agriculture to 
 35.4   research the potential for a centrally 
 35.5   located, multifarm manure digester and 
 35.6   the potential use of compatible waste 
 35.7   streams with manure digesters. 
 35.8   (d) Dairy Farm Digesters                                336,000
 35.9   $168,000 the first year and $168,000 
 35.10  the second year are from the trust fund 
 35.11  to the commissioner of natural 
 35.12  resources for an agreement with the 
 35.13  Minnesota Project for a pilot project 
 35.14  to evaluate anaerobic digester 
 35.15  technology on average size dairy farms 
 35.16  of 50 to 300 cows. 
 35.17  (e) Wind to Hydrogen Demonstration                      800,000
 35.18  $400,000 the first year and $400,000 
 35.19  the second year are from the trust fund 
 35.20  to the commissioner of natural 
 35.21  resources for an agreement with the 
 35.22  University of Minnesota, West Central 
 35.23  Research and Outreach Center, to 
 35.24  develop a model community-scale 
 35.25  wind-to-hydrogen facility. 
 35.26  (f) Natural Gas Production from
 35.27  Agricultural Biomass                                    100,000
 35.28  $50,000 the first year and $50,000 the 
 35.29  second year are from the trust fund to 
 35.30  the commissioner of natural resources 
 35.31  for an agreement with Sebesta Blomberg 
 35.32  and Associates to demonstrate potential 
 35.33  natural gas yield using anaerobic 
 35.34  digestion of blends of chopped grasses 
 35.35  or crop residue with hog manure and 
 35.36  determine optimum operating conditions 
 35.37  for conversion to natural gas. 
 35.38  (g) Biomass-Derived Oils for Generating Electricity
 35.39  and Reducing Emissions                                  150,000
 35.40  $75,000 the first year and $75,000 the 
 35.41  second year are from the trust fund to 
 35.42  the University of Minnesota to evaluate 
 35.43  the environmental and performance 
 35.44  benefits of using renewable 
 35.45  biomass-derived oils, such as soybean 
 35.46  oil, for generating electricity. 
 35.47  (h) Phillips Biomass Community Energy System            900,000
 35.48  $450,000 the first year and $450,000 
 35.49  the second year are from the trust fund 
 35.50  to the commissioner of natural 
 35.51  resources for an agreement with 
 35.52  Phillips Community Energy Cooperative 
 35.53  to assist in the distribution system 
 35.54  equipment and construction costs for a 
 35.55  biomass district energy system.  This 
 35.56  appropriation is contingent on all 
 35.57  appropriate permits being obtained and 
 35.58  a signed commitment of financing for 
 35.59  the biomass electrical generating 
 35.60  facility being in place. 
 36.1   (i) Laurentian Energy Authority Biomass Project         466,000
 36.2   $233,000 the first year and $233,000 
 36.3   the second year are from the trust fund 
 36.4   to the commissioner of natural 
 36.5   resources for an agreement with 
 36.6   Virginia Public Utility to lease land 
 36.7   and plant approximately 1,000 acres of 
 36.8   trees to support a proposed conversion 
 36.9   to a biomass power plant. 
 36.10  Subd. 11.  Environmental Education       360,000        360,000
 36.11                Summary by Fund
 36.12  Trust Fund              360,000       360,000
 36.13  (a) Enhancing Civic Understanding of Groundwater        150,000
 36.14  $75,000 the first year and $75,000 the 
 36.15  second year are from the trust fund to 
 36.16  the commissioner of natural resources 
 36.17  for an agreement with the Science 
 36.18  Museum of Minnesota to create 
 36.19  groundwater exhibits and a statewide 
 36.20  traveling groundwater classroom 
 36.21  program.  This appropriation is 
 36.22  available until June 30, 2008, at which 
 36.23  time the project must be completed and 
 36.24  final products delivered, unless an 
 36.25  earlier date is specified in the work 
 36.26  program. 
 36.27  (b) Cedar Creek Natural History Area Interpretive
 36.28  Center and Restoration                                  400,000
 36.29  $200,000 the first year and $200,000 
 36.30  the second year are from the trust fund 
 36.31  to the commissioner of natural 
 36.32  resources for an agreement with the 
 36.33  University of Minnesota, Cedar Creek 
 36.34  Natural History Area, to restore 400 
 36.35  acres of savanna and prairie; construct 
 36.36  a Science Interpretive Center to 
 36.37  publicly demonstrate technologies for 
 36.38  energy efficiency; and create 
 36.39  interpretive trails.  This 
 36.40  appropriation is available until June 
 36.41  30, 2008, at which time the project 
 36.42  must be completed and final products 
 36.43  delivered, unless an earlier date is 
 36.44  specified in the work program. 
 36.45  (c) Environmental Problem-Solving Model
 36.46  for Twin Cities Schools                                  75,000
 36.47  $38,000 the first year and $37,000 the 
 36.48  second year are from the trust fund to 
 36.49  the commissioner of natural resources 
 36.50  for an agreement with Eco Education to 
 36.51  train high school students and teachers 
 36.52  on environmental problem solving. 
 36.53  (d) Tamarack Nature Center Exhibits                      95,000
 36.54  $47,000 the first year and $48,000 the 
 36.55  second year are from the trust fund to 
 36.56  the commissioner of natural resources 
 36.57  for an agreement with Ramsey County 
 36.58  Parks and Recreation Department to 
 36.59  develop interactive ecological exhibits 
 37.1   at Tamarack Nature Center. 
 37.2   Subd. 12.  Children's Environmental
 37.3   Health                                   100,000        100,000
 37.4                 Summary by Fund
 37.5   Trust Fund              100,000       100,000
 37.6   Minnesota Children's Pesticide Exposure
 37.7   Reduction Initiative                                    200,000
 37.8   $100,000 the first year and $100,000 
 37.9   the second year are appropriated to the 
 37.10  commissioner of agriculture to reduce 
 37.11  children's pesticide exposure through 
 37.12  parent education on alternative pest 
 37.13  control methods and safe pesticide use. 
 37.14  Subd. 13.  Data Availability Requirements
 37.15  (a) During the biennium ending June 30, 
 37.16  2007, data collected by the projects 
 37.17  funded under this section that have 
 37.18  value for planning and management of 
 37.19  natural resource, emergency 
 37.20  preparedness, and infrastructure 
 37.21  investments must conform to the 
 37.22  enterprise information architecture 
 37.23  developed by the Office of Technology.  
 37.24  Spatial data must conform to geographic 
 37.25  information system guidelines and 
 37.26  standards outlined in that architecture 
 37.27  and adopted by the Minnesota Geographic 
 37.28  Data Clearinghouse at the Land 
 37.29  Management Information Center.  A 
 37.30  description of these data that adheres 
 37.31  to Office of Technology geographic 
 37.32  metadata standards must be submitted to 
 37.33  the Land Management Information Center 
 37.34  to be made available on-line through 
 37.35  the clearinghouse, and the data 
 37.36  themselves must be accessible and free 
 37.37  to the public unless made private under 
 37.38  the Data Practices Act, Minnesota 
 37.39  Statutes, chapter 13. 
 37.40  (b) To the extent practicable, summary 
 37.41  data and results of projects funded 
 37.42  under this section should be readily 
 37.43  accessible on the Internet and 
 37.44  identified as an environment and 
 37.45  natural resources trust fund project. 
 37.46  (c) As part of project expenditures, 
 37.47  recipients of land acquisition 
 37.48  appropriations must provide the 
 37.49  information necessary to update public 
 37.50  recreation information maps to the 
 37.51  Department of Natural Resources in the 
 37.52  form specified by the department. 
 37.53  Subd. 14.  Project Requirements
 37.54  It is a condition of acceptance of the 
 37.55  appropriations in this section that any 
 37.56  agency or entity receiving the 
 37.57  appropriation must comply with 
 37.58  Minnesota Statutes, chapter 116P, and 
 37.59  vegetation planted must be native to 
 37.60  Minnesota and preferably of the local 
 38.1   ecotype unless the work program 
 38.2   approved by the commission expressly 
 38.3   allows the planting of species that are 
 38.4   not native to Minnesota. 
 38.5   Subd. 15.  Match Requirements
 38.6   Unless specifically authorized, 
 38.7   appropriations in this section that 
 38.8   must be matched and for which the match 
 38.9   has not been committed by December 31, 
 38.10  2005, are canceled, and in-kind 
 38.11  contributions may not be counted as 
 38.12  matching funds. 
 38.13  Subd. 16.  Payment Conditions and Capital Equipment Expenditures
 38.14  All agreements, grants, or contracts 
 38.15  referred to in this section must be 
 38.16  administered on a reimbursement basis 
 38.17  unless otherwise provided in this 
 38.18  section.  Notwithstanding Minnesota 
 38.19  Statutes, section 16A.41, expenditures 
 38.20  made on or after July 1, 2005, or the 
 38.21  date the work program is approved, 
 38.22  whichever is later, are eligible for 
 38.23  reimbursement unless otherwise provided 
 38.24  in this section.  Payment must be made 
 38.25  upon receiving documentation that 
 38.26  project-eligible, reimbursable dollar 
 38.27  amounts have been expended, except that 
 38.28  reasonable amounts may be advanced to 
 38.29  projects to accommodate cash flow needs 
 38.30  or match federal funds.  The advances 
 38.31  must be approved as part of the work 
 38.32  program.  No expenditures for capital 
 38.33  equipment are allowed unless expressly 
 38.34  authorized in the project work program. 
 38.35  Subd. 17.  Purchase of Recycled and Recyclable Materials
 38.36  A political subdivision, public or 
 38.37  private corporation, or other entity 
 38.38  that receives an appropriation in this 
 38.39  section must use the appropriation in 
 38.40  compliance with Minnesota Statutes, 
 38.41  sections 16B.121 and 16B.122, requiring 
 38.42  the purchase of recycled, repairable, 
 38.43  and durable materials; the purchase of 
 38.44  uncoated paper stock; and the use of 
 38.45  soy-based ink, the same as if it were a 
 38.46  state agency. 
 38.47  Subd. 18.  Energy Conservation
 38.48  A recipient to whom an appropriation is 
 38.49  made in this section for a capital 
 38.50  improvement project shall ensure that 
 38.51  the project complies with the 
 38.52  applicable energy conservation 
 38.53  standards contained in law, including 
 38.54  Minnesota Statutes, sections 216C.19 
 38.55  and 216C.20, and rules adopted 
 38.56  thereunder.  The recipient may use the 
 38.57  energy planning, advocacy, and state 
 38.58  energy office units of the Department 
 38.59  of Commerce to obtain information and 
 38.60  technical assistance on energy 
 38.61  conservation and alternative energy 
 38.62  development relating to the planning 
 38.63  and construction of the capital 
 39.1   improvement project. 
 39.2   Subd. 19.  Accessibility
 39.3   Structural and nonstructural facilities 
 39.4   must meet the design standards in the 
 39.5   Americans with Disability Act (ADA) 
 39.6   accessibility guidelines. 
 39.7      Sec. 11.  Minnesota Statutes 2004, section 16A.125, 
 39.8   subdivision 5, is amended to read: 
 39.9      Subd. 5.  [FOREST TRUST LANDS.] (a) The term "state forest 
 39.10  trust fund lands" as used in this subdivision, means public land 
 39.11  in trust under the Constitution set apart as "forest lands under 
 39.12  the authority of the commissioner" of natural resources as 
 39.13  defined by section 89.001, subdivision 13. 
 39.14     (b) The commissioner of finance shall credit the revenue 
 39.15  from the forest trust fund lands to the forest suspense 
 39.16  account.  The account must specify the trust funds interested in 
 39.17  the lands and the respective receipts of the lands. 
 39.18     (c) After a fiscal year, the commissioner of finance shall 
 39.19  certify the total costs incurred for forestry during that year 
 39.20  under appropriations for the protection, improvement, 
 39.21  administration, and management of state forest trust fund lands 
 39.22  and construction and improvement of forest roads to enhance the 
 39.23  forest value of the lands.  The certificate must specify the 
 39.24  trust funds interested in the lands.  The commissioner of 
 39.25  natural resources shall supply the commissioner of finance with 
 39.26  the information needed for the certificate. 
 39.27     (d) After a fiscal year and after the appropriation in 
 39.28  subdivision 11, the commissioner shall distribute the receipts 
 39.29  credited to the suspense account during that fiscal year as 
 39.30  follows: 
 39.31     ~~(a)~~ (1) the amount of the certified costs incurred by the 
 39.32  state for forest management, forest improvement, and road 
 39.33  improvement during the fiscal year shall be transferred to 
 39.34  the ~~general fund.~~ forest management investment account 
 39.35  established under section 89.039; 
 39.36     (2) the balance of the certified costs incurred by the 
 39.37  state during the fiscal year shall be transferred to the general 
 40.1   fund; and 
 40.2      ~~(b)~~ (3) the balance of the receipts shall then be returned 
 40.3   prorated to the trust funds in proportion to their respective 
 40.4   interests in the lands which produced the receipts. 
 40.5      Sec. 12.  Minnesota Statutes 2004, section 84.027, 
 40.6   subdivision 12, is amended to read: 
 40.7      Subd. 12.  [PROPERTY DISPOSAL; GIFT ACKNOWLEDGMENT; 
 40.8   ADVERTISING SALES.] (a) The commissioner may give away to 
 40.9   members of the public items with a value of less than ~~$10~~ $50 
 40.10  that are intended to promote conservation of natural resources 
 40.11  or create awareness of the state and its resources or natural 
 40.12  resource management programs.  The total value of items given to 
 40.13  the public under this paragraph may not exceed $25,000 per year. 
 40.14     (b) The commissioner may recognize the contribution of 
 40.15  money or in-kind services on plaques, signs, publications, 
 40.16  audio-visual materials, and media advertisements by allowing the 
 40.17  organization's contribution to be acknowledged in print of 
 40.18  readable size. 
 40.19     (c) The commissioner may accept paid advertising for 
 40.20  departmental publications.  Advertising revenues received are 
 40.21  appropriated to the commissioner to be used to defray costs of 
 40.22  publications, media productions, or other informational 
 40.23  materials.  The commissioner may not accept paid advertising 
 40.24  from any elected official or candidate for elective office. 
 40.25     Sec. 13.  Minnesota Statutes 2004, section 84.027, 
 40.26  subdivision 15, is amended to read: 
 40.27     Subd. 15.  [ELECTRONIC TRANSACTIONS.] (a) The commissioner 
 40.28  may receive an application for, sell, and issue any license, 
 40.29  stamp, permit, pass, sticker, duplicate safety training 
 40.30  certification, registration, or transfer under the jurisdiction 
 40.31  of the commissioner by electronic means, including by telephone. 
 40.32  Notwithstanding section 97A.472, electronic and telephone 
 40.33  transactions may be made outside of the state.  The commissioner 
 40.34  may: 
 40.35     (1) provide for the electronic transfer of funds generated 
 40.36  by electronic transactions, including by telephone; 
 41.1      (2) assign ~~a license~~ an identification number to an 
 41.2   applicant who purchases a hunting or fishing license or 
 41.3   recreational vehicle registration by electronic means, to serve 
 41.4   as temporary authorization to engage in the ~~licensed~~ 
 41.5   activity requiring a license or registration until the license 
 41.6   or registration is received or expires; 
 41.7      (3) charge and permit agents to charge a fee of individuals 
 41.8   who make electronic transactions and transactions by 
 41.9   telephone or Internet, including ~~the~~ issuing ~~fee under section~~ 
 41.10  ~~97A.485, subdivision 6,~~ fees and an additional transaction fee 
 41.11  not to exceed $3.50; 
 41.12     (4) ~~collect issuing or filing fees as provided under~~ 
 41.13  ~~sections 84.788, subdivision 3, paragraph (e); 84.798,~~ 
 41.14  ~~subdivision 3, paragraph (b); 84.82, subdivision 2, paragraph~~ 
 41.15  ~~(d); 84.8205, subdivisions 5 and 6; 84.922, subdivision 2,~~ 
 41.16  ~~paragraph (e); 85.41, subdivision 5; 86B.415, subdivision 8; and~~ 
 41.17  ~~97A.485, subdivision 6, and collect~~ establish, by written order, 
 41.18  an electronic licensing system commission ~~on~~ to be paid by 
 41.19  revenues generated from all sales ~~of licenses as provided under~~ 
 41.20  ~~sections 85.43, paragraph (b), and 97A.485, subdivision 7~~ made 
 41.21  through the electronic licensing system.  The commissioner shall 
 41.22  establish the commission in a manner that neither significantly 
 41.23  overrecovers nor underrecovers costs involved in providing the 
 41.24  electronic licensing system; and 
 41.25     (5) adopt rules to administer the provisions of this 
 41.26  subdivision. 
 41.27     (b) ~~Establishment of~~ The ~~transaction fee~~ fees established 
 41.28  under paragraph (a), clause (3), and the commission established 
 41.29  under paragraph (a), clause (4), ~~is~~ are not subject to the 
 41.30  rulemaking procedures of chapter 14 and section 14.386 does not 
 41.31  apply. 
 41.32     (c) Money received from fees and commissions collected 
 41.33  under this subdivision, including interest earned, is annually 
 41.34  appropriated from the game and fish fund and the natural 
 41.35  resources fund to the commissioner for the cost of electronic 
 41.36  licensing. 
 42.1      <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 42.2      Sec. 14.  Minnesota Statutes 2004, section 84.027, is 
 42.3   amended by adding a subdivision to read: 
 42.4      Subd. 17.  [BACKGROUND CHECKS FOR VOLUNTEER 
 42.5   INSTRUCTORS.] (a) The commissioner may conduct background checks 
 42.6   for volunteer instructor applicants for department safety 
 42.7   training and education programs, including the programs 
 42.8   established under sections 84.791 (youth off-highway motorcycle 
 42.9   safety education and training), 84.86 and 84.862 (youth and 
 42.10  adult snowmobile safety training), 84.925 (youth all-terrain 
 42.11  vehicle safety education and training), 97B.015 (youth firearms 
 42.12  safety training), and 97B.025 (hunter and trapper education and 
 42.13  training). 
 42.14     (b) The commissioner shall perform the background check by 
 42.15  retrieving criminal history data maintained in the criminal 
 42.16  justice information system (CJIS) and other data sources.  
 42.17     (c) The commissioner shall develop a standardized form to 
 42.18  be used for requesting a background check, which must include: 
 42.19     (1) a notification to the applicant that the commissioner 
 42.20  will conduct a background check under this section; 
 42.21     (2) a notification to the applicant of the applicant's 
 42.22  rights under paragraph (d); and 
 42.23     (3) a signed consent by the applicant to conduct the 
 42.24  background check expiring one year from date of signature. 
 42.25     (d) The volunteer instructor applicant who is the subject 
 42.26  of a background check has the right to: 
 42.27     (1) be informed that the commissioner will request a 
 42.28  background check on the applicant; 
 42.29     (2) be informed by the commissioner of the results of the 
 42.30  background check and obtain a copy of the background check; 
 42.31     (3) obtain any record that forms the basis for the 
 42.32  background check and report; 
 42.33     (4) challenge the accuracy and completeness of the 
 42.34  information contained in the report or a record; and 
 42.35     (5) be informed by the commissioner if the applicant is 
 42.36  rejected because of the result of the background check. 
 43.1      Sec. 15.  Minnesota Statutes 2004, section 84.0274, is 
 43.2   amended by adding a subdivision to read: 
 43.3      Subd. 9.  [EXCEPTION FOR NONPROFIT ORGANIZATIONS AND 
 43.4   GOVERNMENTAL ENTITIES.] When the commissioner acquires land or 
 43.5   interests in land from a nonprofit organization or governmental 
 43.6   entity, any or all of the provisions of this section may be 
 43.7   waived by mutual agreement of the commissioner and the nonprofit 
 43.8   organization or governmental entity. 
 43.9      Sec. 16.  Minnesota Statutes 2004, section 84.0274, is 
 43.10  amended by adding a subdivision to read: 
 43.11     Subd. 10.  [RIGHT OF FIRST REFUSAL AGREEMENT.] The 
 43.12  commissioner may enter into a right of first refusal agreement 
 43.13  with a landowner prior to determining the value of the land.  No 
 43.14  right of first refusal agreement shall be made for a period of 
 43.15  greater than two years and payment to the landowner for entry 
 43.16  into the agreement shall not exceed $5,000. 
 43.17     Sec. 17.  Minnesota Statutes 2004, section 84.0911, 
 43.18  subdivision 2, is amended to read: 
 43.19     Subd. 2.  [RECEIPTS.] Money received from the sale of wild 
 43.20  rice licenses issued by the commissioner under section 84.091, 
 43.21  subdivision 3, paragraph (a), clauses (1), (3), and (4), and 
 43.22  subdivision 3, paragraph (b), except for the electronic 
 43.23  licensing system commission established by the commissioner 
 43.24  under section 84.027, subdivision 15, shall be credited to the 
 43.25  wild rice management account.  
 43.26     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 43.27     Sec. 18.  Minnesota Statutes 2004, section 84.631, is 
 43.28  amended to read: 
 43.29     84.631 [ROAD EASEMENTS ACROSS STATE LANDS.] 
 43.30     (a) Except as provided in section 85.015, subdivision 1b, 
 43.31  the commissioner, on behalf of the state, may convey a road 
 43.32  easement across state land under the commissioner's jurisdiction 
 43.33  other than school trust land, to a private person requesting an 
 43.34  easement for access to property owned by the person only if the 
 43.35  following requirements are met:  (1) there are no reasonable 
 43.36  alternatives to obtain access to the property; and (2) the 
 44.1   exercise of the easement will not cause significant adverse 
 44.2   environmental or natural resource management impacts.  
 44.3      (b) The commissioner shall: 
 44.4      (1) require the applicant to pay the market value of the 
 44.5   easement; 
 44.6      (2) provide that the easement reverts to the state in the 
 44.7   event of nonuse; and 
 44.8      (3) impose other terms and conditions of use as necessary 
 44.9   and appropriate under the circumstances.  
 44.10     (c) An applicant shall submit a fee of up to $2,000 with 
 44.11  each application for a road easement across state land.  The 
 44.12  commissioner must give the applicant an estimate of the costs of 
 44.13  the road easement before the applicant submits the fee.  The 
 44.14  application fee is nonrefundable, even if the application is 
 44.15  withdrawn or denied. 
 44.16     (d) Fees collected under paragraph (c) must be deposited in 
 44.17  the land management account in the natural resources fund. 
 44.18     Sec. 19.  Minnesota Statutes 2004, section 84.775, 
 44.19  subdivision 1, is amended to read: 
 44.20     Subdivision 1.  [CIVIL CITATION; AUTHORITY TO ISSUE.] (a) A 
 44.21  conservation officer or other licensed peace officer may issue a 
 44.22  civil citation to a person who operates: 
 44.23     (1) an off-highway motorcycle in violation of sections 
 44.24  84.773, subdivision 1 or 2, clause (1); 84.777; 84.788 to 
 44.25  84.795; or 84.90; 
 44.26     (2) an off-road vehicle in violation of sections 84.773, 
 44.27  subdivision 1 or 2, clause (1); 84.777; 84.798 to 84.804; or 
 44.28  84.90; or 
 44.29     (3) an all-terrain vehicle in violation of sections 84.773, 
 44.30  subdivision 1 or 2, clause (1); 84.777; 84.90; or 84.922 to 
 44.31  84.928.  
 44.32     (b) A civil citation under paragraph (a) shall require 
 44.33  restitution for public and private property damage and impose a 
 44.34  penalty of: 
 44.35     (1) $100 for the first offense; 
 44.36     (2) $200 for the second offense; and 
 45.1      (3) $500 for third and subsequent offenses. 
 45.2      (c) A conservation officer or other licensed peace officer 
 45.3   </u>
 45.4   may issue a civil citation to a person who operates an 
 45.5   off-highway motorcycle, off-road vehicle, or all-terrain vehicle 
 45.6   in violation of section 84.773, subdivision 2, clause (2) or 
 45.7   (3).  A civil citation under this paragraph shall require 
 45.8   restitution for damage to wetlands and impose a penalty of:  
 45.9      (1) $100 for the first offense; 
 45.10     (2) $500 for the second offense; and 
 45.11     (3) $1,000 for third and subsequent offenses. 
 45.12     (d) If the peace officer determines that there is damage to 
 45.13  property requiring restitution, the commissioner must send a 
 45.14  written explanation of the extent of the damage and the cost of 
 45.15  the repair by first class mail to the address provided by the 
 45.16  person receiving the citation within 15 days of the date of the 
 45.17  citation. 
 45.18     (e) An off-road vehicle or all-terrain vehicle that is 
 45.19  equipped with a snorkel device and receives a civil citation 
 45.20  under this section is subject to twice the penalty amounts in 
 45.21  paragraphs (b) and (c). 
 45.22     Sec. 20.  [84.781] [USE OF DEPARTMENT RESOURCES.] 
 45.23     The commissioner of natural resources may permit Department 
 45.24  of Natural Resources personnel and equipment from the Division 
 45.25  of Trails and Waterways to be used to assist local units of 
 45.26  government in developing and maintaining off-highway vehicle 
 45.27  grant-in-aid trails located on property owned by or under the 
 45.28  control of the local unit of government. 
 45.29     Sec. 21.  [84.785] [OFF-HIGHWAY VEHICLE SAFETY AND 
 45.30  CONSERVATION GRANT PROGRAM.] 
 45.31     Subdivision 1.  [CREATION.] The commissioner of natural 
 45.32  resources shall establish an off-highway vehicle safety and 
 45.33  conservation grant program to award grants to organizations that 
 45.34  meet the eligibility requirements under subdivision 3. 
 45.35     Subd. 2.  [PURPOSE.] The purpose of the off-highway vehicle 
 45.36  safety and conservation grant program is to encourage 
 45.37  off-highway vehicle clubs to assist in safety and environmental 
 46.1   education and in improving, maintaining, and monitoring trails 
 46.2   on state forest land and other public lands. 
 46.3      Subd. 3.  [ELIGIBILITY.] To be eligible for a grant under 
 46.4   this section, an organization must: 
 46.5      (1) be a statewide Minnesota organization that has been in 
 46.6   existence at least five years and that promotes the operation of 
 46.7   off-highway vehicles in a manner that is safe, responsible, and 
 46.8   does not harm the environment; 
 46.9      (2) promote the operation of off-highway vehicles in a 
 46.10  manner that does not conflict with the laws and rules that 
 46.11  relate to the operation of off-highway vehicles; 
 46.12     (3) have an interest limited to the operation of motorized 
 46.13  vehicles on motorized trails and other designated areas; 
 46.14     (4) have a board of directors that has 80 percent of its 
 46.15  members who are representatives of all-terrain vehicle clubs, 
 46.16  off-highway motorcycle clubs, or off-road vehicle clubs; and 
 46.17     (5) provide support to off-highway vehicle clubs. 
 46.18     Subd. 4.  [USE OF GRANTS.] An organization receiving a 
 46.19  grant under this section shall use the grant money to promote 
 46.20  and provide support to the Department of Natural Resources by: 
 46.21     (1) encouraging off-highway vehicle clubs to assist in 
 46.22  improving, maintaining, and monitoring trails on state forest 
 46.23  land and other public lands; 
 46.24     (2) providing assistance to the department in locating, 
 46.25  recruiting, and training instructors; 
 46.26     (3) assisting the commissioner and the director of tourism 
 46.27  in creating an outreach program to inform local communities of 
 46.28  appropriate off-highway vehicle use in their communities and of 
 46.29  the economic benefits and costs that may be attributed to 
 46.30  promoting tourism to attract off-highway vehicles; 
 46.31     (4) publishing a manual in cooperation with the 
 46.32  commissioner that will be used to train volunteers in monitoring 
 46.33  the operation of off-highway vehicles for safety, environmental, 
 46.34  and other issues that relate to the responsible operation of 
 46.35  off-highway vehicles; and 
 46.36     (5) collecting data on the operation of off-highway 
 47.1   vehicles in the state. 
 47.2      Sec. 22.  [84.7851] [WORKER DISPLACEMENT PROHIBITED.] 
 47.3      The commissioner may not enter into any agreement that has 
 47.4   the purpose of or results in the displacement of public 
 47.5   employees by volunteers participating in an off-highway safety 
 47.6   and conservation program.  The commissioner must certify to the 
 47.7   appropriate bargaining agent that the work performed by a 
 47.8   volunteer will not result in the displacement of currently 
 47.9   employed workers or workers on seasonal layoff or layoff from a 
 47.10  substantially equivalent position, including partial 
 47.11  displacement such as reduction in hours of nonovertime work, 
 47.12  wages, or other employment benefits. 
 47.13     Sec. 23.  Minnesota Statutes 2004, section 84.788, 
 47.14  subdivision 3, is amended to read: 
 47.15     Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
 47.16  for registration or continued registration must be made to the 
 47.17  commissioner or an authorized deputy registrar of motor vehicles 
 47.18  in a form prescribed by the commissioner.  The form must state 
 47.19  the name and address of every owner of the off-highway 
 47.20  motorcycle. 
 47.21     (b) A person who purchases from a retail dealer an 
 47.22  off-highway motorcycle shall make application for registration 
 47.23  to the dealer at the point of sale.  The dealer shall issue a 
 47.24  temporary ten-day registration permit to each purchaser who 
 47.25  applies to the dealer for registration.  The dealer shall submit 
 47.26  the completed registration applications and fees to the deputy 
 47.27  registrar at least once each week.  No fee may be charged by a 
 47.28  dealer to a purchaser for providing the temporary permit. 
 47.29     (c) Upon receipt of the application and the appropriate 
 47.30  fee, the commissioner or deputy registrar shall issue to the 
 47.31  applicant, or provide to the dealer, ~~a 60-day temporary receipt~~ 
 47.32  ~~and shall assign a~~ an assigned registration number ~~that~~ or a 
 47.33  commissioner or deputy registrar temporary ten-day permit.  Once 
 47.34  issued, the registration number must be affixed to the 
 47.35  motorcycle ~~in a manner prescribed by the commissioner~~ according 
 47.36  to paragraph (f).  A dealer subject to paragraph (b) shall 
 48.1   provide the registration materials ~~and~~ or temporary 
 48.2   ~~receipt~~ permit to the purchaser within the ten-day temporary 
 48.3   permit period. 
 48.4      (d) The commissioner shall develop a registration system to 
 48.5   register vehicles under this section.  A deputy registrar of 
 48.6   motor vehicles acting under section 168.33, is also a deputy 
 48.7   registrar of off-highway motorcycles.  The commissioner of 
 48.8   natural resources in agreement with the commissioner of public 
 48.9   safety may prescribe the accounting and procedural requirements 
 48.10  necessary to ensure efficient handling of registrations and 
 48.11  registration fees.  Deputy registrars shall strictly comply with 
 48.12  the accounting and procedural requirements.  
 48.13     (e) In addition to other fees prescribed by law, a filing 
 48.14  fee of $4.50 is charged for each off-highway motorcycle 
 48.15  registration renewal, duplicate or replacement registration 
 48.16  card, and replacement decal and a filing fee of $7 is charged 
 48.17  for each off-highway motorcycle registration and registration 
 48.18  transfer issued by: 
 48.19     (1) a deputy registrar and must be deposited in the 
 48.20  treasury of the jurisdiction where the deputy is appointed, or 
 48.21  kept if the deputy is not a public official; or 
 48.22     (2) the commissioner and must be deposited in the state 
 48.23  treasury and credited to the off-highway motorcycle account. 
 48.24     (f) Unless exempted in paragraph (g), the owner of an 
 48.25  off-highway motorcycle must display a registration decal issued 
 48.26  by the commissioner.  If the motorcycle is licensed as a motor 
 48.27  vehicle, a registration decal must be affixed on the upper left 
 48.28  corner of the rear license plate.  If the motorcycle is not 
 48.29  licensed as a motor vehicle, the decal must be attached on the 
 48.30  side of the motorcycle and may be attached to the fork tube.  
 48.31  The decal must be attached in a manner so that it is visible 
 48.32  while a rider is on the motorcycle.  The issued decals must be 
 48.33  of a size to work within the constraints of the electronic 
 48.34  licensing system, not to exceed three inches high and three 
 48.35  inches wide. 
 48.36     (g) Display of a registration decal is not required for an 
 49.1   off-highway motorcycle: 
 49.2      (1) while being operated on private property; or 
 49.3      (2) while competing in a closed-course competition event. 
 49.4      Sec. 24.  Minnesota Statutes 2004, section 84.788, is 
 49.5   amended by adding a subdivision to read: 
 49.6      Subd. 11.  [REFUNDS.] The commissioner may issue a refund 
 49.7   on a registration, not including any issuing fees paid under 
 49.8   subdivision 3, paragraph (e), or section 84.027, subdivision 15, 
 49.9   paragraph (a), clause (3), if the refund request is received 
 49.10  within 12 months of the original registration and: 
 49.11     (1) the off-highway motorcycle was registered incorrectly 
 49.12  by the commissioner or the deputy registrar; or 
 49.13     (2) the off-highway motorcycle was registered twice, once 
 49.14  by the dealer and once by the customer. 
 49.15     Sec. 25.  Minnesota Statutes 2004, section 84.789, is 
 49.16  amended by adding a subdivision to read: 
 49.17     Subd. 3.  [SOUND EMISSIONS.] (a) On and after July 1, 2006, 
 49.18  off-highway motorcycles, when operating on public lands, shall 
 49.19  at all times be equipped with a silencer or other device that 
 49.20  limits sound emissions according to this subdivision. 
 49.21     (b) Sound emissions of competition off-highway motorcycles 
 49.22  manufactured on or after January 1, 1998, are limited to not 
 49.23  more than 96 dbA and, if manufactured prior to January 1, 1998, 
 49.24  to not more than 99 dbA, when measured from a distance of 20 
 49.25  inches using test procedures established by the Society of 
 49.26  Automotive Engineers under Standard J-1287, as applicable. 
 49.27     (c) Sound emissions of all other off-highway motorcycles 
 49.28  are limited to not more than 96 dbA if manufactured on or after 
 49.29  January 1, 1986, and not more than 99 dbA if manufactured prior 
 49.30  to January 1, 1986, when measured from a distance of 20 inches 
 49.31  using test procedures established by the Society of Automotive 
 49.32  Engineers under Standard J-1287, as applicable. 
 49.33     Sec. 26.  Minnesota Statutes 2004, section 84.791, 
 49.34  subdivision 1, is amended to read: 
 49.35     Subdivision 1.  [PROGRAM ESTABLISHED; WHEN REQUIRED.] (a) 
 49.36  The commissioner shall establish a comprehensive off-highway 
 50.1   motorcycle environment and safety education and training 
 50.2   program, including the preparation and dissemination of vehicle 
 50.3   information and safety advice to the public, the training of 
 50.4   off-highway motorcycle operators, and the issuance of 
 50.5   off-highway motorcycle safety certificates to operators under 
 50.6   the age of 16 years who successfully complete the off-highway 
 50.7   motorcycle environment and safety education and training courses.
 50.8      (b) An individual who is convicted of violating a law 
 50.9   related to the operation of an off-highway motorcycle must 
 50.10  successfully complete the environment and safety education and 
 50.11  training program established under paragraph (a) before 
 50.12  continuing operation of an off-highway motorcycle.  
 50.13     Sec. 27.  Minnesota Statutes 2004, section 84.791, 
 50.14  subdivision 2, is amended to read: 
 50.15     Subd. 2.  [FEES.] For the purposes of administering the 
 50.16  program and to defray a portion of the expenses of training and 
 50.17  certifying vehicle operators, the commissioner shall collect a 
 50.18  fee not to exceed $5 from each person who receives the training. 
 50.19  The commissioner shall collect a fee for issuing a duplicate 
 50.20  off-highway motorcycle safety certificate.  The commissioner 
 50.21  shall establish the fee for a duplicate off-highway motorcycle 
 50.22  safety certificate, to include a $1 issuing fee for licensing 
 50.23  agents, that neither significantly overrecovers nor 
 50.24  underrecovers costs, including overhead costs, involved in 
 50.25  providing the service.  The fees ~~must~~, except for the issuing 
 50.26  fee for licensing agents under this subdivision, shall be 
 50.27  deposited in the state treasury and credited to the off-highway 
 50.28  motorcycle account in the natural resources fund. 
 50.29     Sec. 28.  Minnesota Statutes 2004, section 84.798, 
 50.30  subdivision 1, is amended to read: 
 50.31     Subdivision 1.  [GENERAL REQUIREMENTS.] (a) Unless exempted 
 50.32  under paragraph (b) or subdivision 2, after January 1, 1995, a 
 50.33  person may not operate and an owner may not give permission for 
 50.34  another to operate ~~a vehicle off-road, nor may a person have~~ an 
 50.35  off-road vehicle ~~not registered under chapter 168 in possession~~ 
 50.36  ~~at an off-road vehicle staging area, or designated trail~~ on 
 51.1   lands administered by the commissioner on off-road 
 51.2   vehicle-designated trails or ~~area~~ areas, or on off-road vehicle 
 51.3   grant-in-aid trails and areas funded under section 84.803, 
 51.4   unless the vehicle has been registered under this section. 
 51.5      (b) Annually on the third Saturday of May, the commissioner 
 51.6   shall allow the operation of nonregistered off-road vehicles at 
 51.7   the Iron Range Off-Highway Vehicle Recreation Area. 
 51.8      Sec. 29.  Minnesota Statutes 2004, section 84.798, is 
 51.9   amended by adding a subdivision to read: 
 51.10     Subd. 10.  [REFUNDS.] The commissioner may issue a refund 
 51.11  on a registration, not including any issuing fees paid under 
 51.12  subdivision 3, paragraph (b), or section 84.027, subdivision 15, 
 51.13  paragraph (a), clause (3), if the refund request is received 
 51.14  within 12 months of the original registration and the vehicle 
 51.15  was registered incorrectly by the commissioner or the deputy 
 51.16  registrar. 
 51.17     Sec. 30.  [84.8015] [EDUCATION AND TRAINING.] 
 51.18     Subdivision 1.  [PROGRAM ESTABLISHED WHEN REQUIRED.] (a) 
 51.19  The commissioner shall establish a comprehensive off-road 
 51.20  vehicle environment and safety education and training program, 
 51.21  including the preparation and dissemination of vehicle 
 51.22  information and safety advice to the public, the training of 
 51.23  off-road vehicle operators, and the issuance of off-road vehicle 
 51.24  safety certificates to operators 16 to 18 years of age who 
 51.25  successfully complete the off-road vehicle environment and 
 51.26  safety education and training courses. 
 51.27     (b) Beginning July 1, 2006, an individual who is convicted 
 51.28  of violating a law related to the operation of an off-road 
 51.29  vehicle must successfully complete the environment and safety 
 51.30  education and training program established under paragraph (a) 
 51.31  before continuing operation of an off-road vehicle. 
 51.32     Subd. 2.  [FEES.] For the purposes of administering the 
 51.33  program and to defray a portion of the expenses of training and 
 51.34  certifying vehicle operators, the commissioner shall collect a 
 51.35  fee not to exceed $15 from each person who receives the 
 51.36  training.  The commissioner shall collect a fee for issuing a 
 52.1   duplicate off-road vehicle safety certificate.  The commissioner 
 52.2   shall establish the fee for a duplicate off-road vehicle safety 
 52.3   certificate that neither significantly overrecovers nor 
 52.4   underrecovers costs, including overhead costs, involved in 
 52.5   providing the service.  The fees must be deposited in the state 
 52.6   treasury and credited to the off-road vehicle account. 
 52.7      Subd. 3.  [COOPERATION AND CONSULTATION.] The commissioner 
 52.8   shall cooperate with private organizations and associations, 
 52.9   private and public corporations, and local governmental units in 
 52.10  furtherance of the program established under this section.  The 
 52.11  commissioner shall consult with the commissioner of public 
 52.12  safety in regard to training program subject matter and 
 52.13  performance testing that leads to the certification of off-road 
 52.14  vehicle operators. 
 52.15     Subd. 4.  [RECIPROCITY WITH OTHER STATES.] The commissioner 
 52.16  may enter into reciprocity agreements or otherwise certify 
 52.17  off-road vehicle environment and safety education and training 
 52.18  courses from other states that are substantially similar to 
 52.19  in-state courses.  Proof of completion of a course subject to a 
 52.20  reciprocity agreement or certified as substantially similar is 
 52.21  adequate to meet the safety certificate requirements of this 
 52.22  section. 
 52.23     Sec. 31.  Minnesota Statutes 2004, section 84.804, 
 52.24  subdivision 3, is amended to read: 
 52.25     Subd. 3.  [OPERATION GENERALLY.] A person may not drive or 
 52.26  operate a vehicle off-road: 
 52.27     (1) at a rate of speed greater than is reasonable under the 
 52.28  surrounding circumstances; 
 52.29     (2) in a careless, reckless, or negligent manner which may 
 52.30  endanger or cause injury or damage to the person or property of 
 52.31  another; 
 52.32     (3) without a functioning stoplight if so equipped; 
 52.33     (4) in a tree nursery or planting in a manner that damages 
 52.34  or destroys growing stock; 
 52.35     (5) without a brake operational by either hand or foot; ~~or~~ 
 52.36     (6) in a manner that violates rules adopted by the 
 53.1   commissioner; or 
 53.2      (7) on unfrozen public water, if the vehicle is equipped 
 53.3   with a snorkel device that has a raised air intake six inches or 
 53.4   more above the vehicle manufacturer's original air intake. 
 53.5      Sec. 32.  Minnesota Statutes 2004, section 84.82, 
 53.6   subdivision 2, is amended to read: 
 53.7      Subd. 2.  [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 
 53.8   (a) Application for registration or reregistration shall be made 
 53.9   to the commissioner or an authorized deputy registrar of motor 
 53.10  vehicles in a format prescribed by the commissioner and shall 
 53.11  state the legal name and address of every owner of the 
 53.12  snowmobile.  
 53.13     (b) A person who purchases a snowmobile from a retail 
 53.14  dealer shall make application for registration to the dealer at 
 53.15  the point of sale.  The dealer shall issue a dealer temporary 
 53.16  ten-day registration permit to each purchaser who applies to the 
 53.17  dealer for registration.  ~~The temporary registration is valid~~ 
 53.18  ~~for 60 days from the date of issue.~~  Each retail dealer shall 
 53.19  submit completed registration and fees to the deputy registrar 
 53.20  at least once a week.  No fee may be charged by a dealer to a 
 53.21  purchaser for providing the temporary permit. 
 53.22     (c) Upon receipt of the application and the appropriate fee 
 53.23  as hereinafter provided, ~~such snowmobile shall be registered and~~ 
 53.24  ~~a~~ the commissioner or deputy registrar shall issue to the 
 53.25  applicant, or provide to the dealer, an assigned registration 
 53.26  number ~~assigned which shall~~ or a commissioner or deputy 
 53.27  registrar temporary ten-day permit.  Once issued, the 
 53.28  registration number must be affixed to the snowmobile in a 
 53.29  clearly visible and permanent manner for enforcement purposes as 
 53.30  the commissioner of natural resources shall prescribe.  A dealer 
 53.31  subject to paragraph (b) shall provide the registration 
 53.32  materials or temporary permit to the purchaser within the 
 53.33  temporary ten-day permit period.  The registration is not valid 
 53.34  unless signed by at least one owner. 
 53.35     ~~(c)~~ (d) Each deputy registrar of motor vehicles acting 
 53.36  pursuant to section 168.33, shall also be a deputy registrar of 
 54.1   snowmobiles.  The commissioner of natural resources in agreement 
 54.2   with the commissioner of public safety may prescribe the 
 54.3   accounting and procedural requirements necessary to assure 
 54.4   efficient handling of registrations and registration fees.  
 54.5   Deputy registrars shall strictly comply with these accounting 
 54.6   and procedural requirements.  
 54.7      ~~(d)~~ (e) A fee of $2 in addition to that otherwise 
 54.8   prescribed by law shall be charged for: 
 54.9      (1) each snowmobile registered by the registrar or a deputy 
 54.10  registrar and the additional fee shall be disposed of in the 
 54.11  manner provided in section 168.33, subdivision 2; or 
 54.12     (2) each snowmobile registered by the commissioner and the 
 54.13  additional fee shall be deposited in the state treasury and 
 54.14  credited to the snowmobile trails and enforcement account in the 
 54.15  natural resources fund.  
 54.16     Sec. 33.  Minnesota Statutes 2004, section 84.82, is 
 54.17  amended by adding a subdivision to read: 
 54.18     Subd. 11.  [REFUNDS.] The commissioner may issue a refund 
 54.19  on a registration, not including any issuing fees paid under 
 54.20  subdivision 2, paragraph (e), or section 84.027, subdivision 15, 
 54.21  paragraph (a), clause (3), if the refund request is received 
 54.22  within 12 months of the original registration and: 
 54.23     (1) the snowmobile was registered incorrectly by the 
 54.24  commissioner or the deputy registrar; or 
 54.25     (2) the snowmobile was registered twice, once by the dealer 
 54.26  and once by the customer. 
 54.27     Sec. 34.  Minnesota Statutes 2004, section 84.8205, 
 54.28  subdivision 1, is amended to read: 
 54.29     Subdivision 1.  [STICKER REQUIRED; FEE.] A person may not 
 54.30  operate a snowmobile ~~that is not registered in this state~~ on a 
 54.31  state or grant-in-aid snowmobile trail unless a snowmobile state 
 54.32  trail sticker is affixed to the snowmobile.  The commissioner of 
 54.33  natural resources shall issue a sticker upon application and 
 54.34  payment of a $15 fee.  The sticker is valid from November 1 
 54.35  through April 30.  Fees collected under this section, except for 
 54.36  the issuing fee for licensing agents under this section and for 
 55.1   the electronic licensing system commission established by the 
 55.2   commissioner under section 84.027, subdivision 15, shall be 
 55.3   deposited in the state treasury and credited to the snowmobile 
 55.4   trails and enforcement account in the natural resources fund and 
 55.5   must be used for grants-in-aid and easement acquisition. 
 55.6      Sec. 35.  Minnesota Statutes 2004, section 84.8205, 
 55.7   subdivision 3, is amended to read: 
 55.8      Subd. 3.  [LICENSE AGENTS.] ~~County auditors are appointed~~ 
 55.9   ~~agents of the commissioner for the sale of snowmobile state~~ 
 55.10  ~~trail stickers.~~  The commissioner may appoint ~~other state~~ 
 55.11  ~~agencies as~~ agents ~~for the sale of the~~ to issue and sell state 
 55.12  trail stickers.  ~~A county auditor may appoint subagents within~~ 
 55.13  ~~the county or within adjacent counties to sell stickers.  Upon~~ 
 55.14  ~~appointment of a subagent, the auditor shall notify the~~ 
 55.15  ~~commissioner of the name and address of the subagent.  The~~ 
 55.16  ~~auditor may revoke the appointment of a subagent, and~~ The 
 55.17  commissioner may revoke the appointment of ~~a state agency~~ an 
 55.18  agent at any time.  ~~The commissioner may require an auditor to~~ 
 55.19  ~~revoke a subagent's appointment.  The auditor shall furnish~~ 
 55.20  ~~stickers on consignment to any subagent who furnishes a surety~~ 
 55.21  ~~bond in favor of the county in an amount at least equal to the~~ 
 55.22  ~~value of the stickers to be consigned to that subagent.  A~~ 
 55.23  ~~surety bond is not required for a state agency appointed by the~~ 
 55.24  ~~commissioner.  The county auditor shall be responsible for all~~ 
 55.25  ~~stickers issued to and user fees received by agents except in a~~ 
 55.26  ~~county where the county auditor does not retain fees paid for~~ 
 55.27  ~~license purposes.  In these counties, the responsibilities~~ 
 55.28  ~~imposed by this section upon the county auditor are imposed upon~~ 
 55.29  ~~the county.~~  The commissioner may ~~promulgate~~ adopt additional 
 55.30  rules ~~governing the accounting and procedures for handling state~~ 
 55.31  ~~trail stickers~~ as provided in section 97A.485, subdivision 11. 
 55.32     ~~Any resident desiring to sell snowmobile state trail~~ 
 55.33  ~~stickers may either purchase for cash or obtain on consignment~~ 
 55.34  ~~stickers from a county auditor in groups of not less than ten~~ 
 55.35  ~~individual stickers.  In selling stickers, the resident shall be~~ 
 55.36  ~~deemed a subagent of the county auditor and the commissioner,~~ 
 56.1   ~~and~~ An agent shall observe all rules ~~promulgated~~ adopted by the 
 56.2   commissioner for accounting and handling of ~~licenses and~~ 
 56.3   stickers pursuant to section 97A.485, subdivision 11. 
 56.4      ~~The county auditor~~ An agent shall promptly deposit and 
 56.5   remit all money received from the sale of the stickers ~~with the~~ 
 56.6   ~~county treasurer and shall promptly transmit any reports~~ 
 56.7   ~~required by the commissioner, plus 96 percent of the price paid~~ 
 56.8   ~~by each stickerholder~~, exclusive of the issuing fee, ~~for each~~ 
 56.9   ~~sticker sold or consigned by the auditor and subsequently sold~~ 
 56.10  ~~to a stickerholder during the accounting period.  The county~~ 
 56.11  ~~auditor shall retain as a commission four percent of all sticker~~ 
 56.12  ~~fees, excluding the issuing fee for stickers consigned to~~ 
 56.13  ~~subagents and the issuing fee on stickers sold by the auditor to~~ 
 56.14  ~~stickerholders~~ to the commissioner. 
 56.15     ~~Unsold stickers in the hands of any subagent shall be~~ 
 56.16  ~~redeemed by the commissioner if presented for redemption within~~ 
 56.17  ~~the time prescribed by the commissioner.  Any stickers not~~ 
 56.18  ~~presented for redemption within the period prescribed shall be~~ 
 56.19  ~~conclusively presumed to have been sold, and the subagent~~ 
 56.20  ~~possessing the same or to whom they are charged shall be~~ 
 56.21  ~~accountable.~~ 
 56.22     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 56.23     Sec. 36.  Minnesota Statutes 2004, section 84.8205, 
 56.24  subdivision 4, is amended to read: 
 56.25     Subd. 4.  [~~DISTRIBUTION~~ ISSUANCE OF STICKERS.] The 
 56.26  commissioner and agents shall ~~provide~~ issue and sell snowmobile 
 56.27  state trail stickers ~~to all agents authorized to issue stickers~~ 
 56.28  ~~by the commissioner~~. 
 56.29     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 56.30     Sec. 37.  Minnesota Statutes 2004, section 84.8205, 
 56.31  subdivision 6, is amended to read: 
 56.32     Subd. 6.  [DUPLICATE STATE TRAIL STICKERS.] The 
 56.33  commissioner and agents shall issue a duplicate sticker to 
 56.34  persons whose sticker is lost or destroyed using the process 
 56.35  established under section 97A.405, subdivision 3, and rules 
 56.36  promulgated thereunder.  The fee for a duplicate state trail 
 57.1   sticker is $2, with an issuing fee of 50 cents. 
 57.2      <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 57.3      Sec. 38.  Minnesota Statutes 2004, section 84.83, 
 57.4   subdivision 3, is amended to read: 
 57.5      Subd. 3.  [PURPOSES FOR THE ACCOUNT.] The money deposited 
 57.6   in the account and interest earned on that money may be expended 
 57.7   only as appropriated by law for the following purposes:  
 57.8      (1) for a grant-in-aid program to counties and 
 57.9   municipalities for construction and maintenance of snowmobile 
 57.10  trails, including maintenance of trails on lands and waters of 
 57.11  Voyageurs National Park, on Lake of the Woods, on Rainy Lake, 
 57.12  and on the following lakes in St. Louis County:  Burntside, 
 57.13  Crane, Echo, Little Long, Mud, Pelican, Shagawa, and Vermilion; 
 57.14     (2) for acquisition, development, and maintenance of state 
 57.15  recreational snowmobile trails; 
 57.16     (3) for snowmobile safety programs; and 
 57.17     (4) for the administration and enforcement of sections 
 57.18  84.81 to 84.91 and appropriated grants to local law enforcement 
 57.19  agencies.  
 57.20     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005.  
 57.21     Sec. 39.  Minnesota Statutes 2004, section 84.83, is 
 57.22  amended by adding a subdivision to read: 
 57.23     Subd. 6.  [EASEMENT ACQUISITION; APPROPRIATION.] (a) The 
 57.24  position of trails acquisition coordinator is created in the 
 57.25  classified service under the commissioner of natural resources.  
 57.26  The coordinator is responsible for acquiring easements for 
 57.27  permanent recreational snowmobile trails. 
 57.28     (b) $500,000 is annually appropriated from the snowmobile 
 57.29  trails and enforcement account to the commissioner to acquire 
 57.30  easements, and the administrative costs for acquiring easements, 
 57.31  for permanent recreational snowmobile trails. 
 57.32     Sec. 40.  Minnesota Statutes 2004, section 84.86, 
 57.33  subdivision 1, is amended to read: 
 57.34     Subdivision 1.  [REQUIRED RULES.] With a view of achieving 
 57.35  maximum use of snowmobiles consistent with protection of the 
 57.36  environment the commissioner of natural resources shall adopt 
 58.1   rules in the manner provided by chapter 14, for the following 
 58.2   purposes: 
 58.3      (1) Registration of snowmobiles and display of registration 
 58.4   numbers. 
 58.5      (2) Use of snowmobiles insofar as game and fish resources 
 58.6   are affected. 
 58.7      (3) Use of snowmobiles on public lands and waters, or on 
 58.8   grant-in-aid trails. 
 58.9      (4) Uniform signs to be used by the state, counties, and 
 58.10  cities, which are necessary or desirable to control, direct, or 
 58.11  regulate the operation and use of snowmobiles. 
 58.12     (5) Specifications relating to snowmobile mufflers. 
 58.13     (6) A comprehensive snowmobile information and safety 
 58.14  education and training program, including but not limited to the 
 58.15  preparation and dissemination of snowmobile information and 
 58.16  safety advice to the public, the training of snowmobile 
 58.17  operators, and the issuance of snowmobile safety certificates to 
 58.18  snowmobile operators who successfully complete the snowmobile 
 58.19  safety education and training course.  For the purpose of 
 58.20  administering such program and to defray expenses of training 
 58.21  and certifying snowmobile operators, the commissioner shall 
 58.22  collect a fee from each person who receives the youth or adult 
 58.23  training.  The commissioner shall collect a fee, to include a $1 
 58.24  issuing fee for licensing agents, for issuing a duplicate 
 58.25  snowmobile safety certificate.  The commissioner shall establish 
 58.26  both fees in a manner that neither significantly overrecovers 
 58.27  nor underrecovers costs, including overhead costs, involved in 
 58.28  providing the services.  The fees are not subject to the 
 58.29  rulemaking provisions of chapter 14 and section 14.386 does not 
 58.30  apply.  The fees may be established by the commissioner 
 58.31  notwithstanding section 16A.1283.  The fees ~~must~~, except for the 
 58.32  issuing fee for licensing agents under this subdivision, shall 
 58.33  be deposited in the snowmobile trails and enforcement account in 
 58.34  the natural resources fund and the amount thereof, except for 
 58.35  the electronic licensing system commission established by the 
 58.36  commissioner under section 84.027, subdivision 15, and issuing 
 59.1   fees collected by the commissioner, is appropriated annually to 
 59.2   the Enforcement Division of the Department of Natural Resources 
 59.3   for the administration of such programs.  In addition to the fee 
 59.4   established by the commissioner, instructors may charge each 
 59.5   person up to the established fee amount for class materials and 
 59.6   expenses.  The commissioner shall cooperate with private 
 59.7   organizations and associations, private and public corporations, 
 59.8   and local governmental units in furtherance of the program 
 59.9   established under this clause.  School districts may cooperate 
 59.10  with the commissioner and volunteer instructors to provide space 
 59.11  for the classroom portion of the training.  The commissioner 
 59.12  shall consult with the commissioner of public safety in regard 
 59.13  to training program subject matter and performance testing that 
 59.14  leads to the certification of snowmobile operators. 
 59.15     (7) The operator of any snowmobile involved in an accident 
 59.16  resulting in injury requiring medical attention or 
 59.17  hospitalization to or death of any person or total damage to an 
 59.18  extent of $500 or more, shall forward a written report of the 
 59.19  accident to the commissioner on such form as the commissioner 
 59.20  shall prescribe.  If the operator is killed or is unable to file 
 59.21  a report due to incapacitation, any peace officer investigating 
 59.22  the accident shall file the accident report within ten business 
 59.23  days. 
 59.24     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 59.25     Sec. 41.  Minnesota Statutes 2004, section 84.91, 
 59.26  subdivision 1, is amended to read: 
 59.27     Subdivision 1.  [ACTS PROHIBITED.] (a) No owner or other 
 59.28  person having charge or control of any snowmobile or all-terrain 
 59.29  vehicle shall authorize or permit any individual the person 
 59.30  knows or has reason to believe is under the influence of alcohol 
 59.31  or a controlled substance or other substance to operate the 
 59.32  snowmobile or all-terrain vehicle anywhere in this state or on 
 59.33  the ice of any boundary water of this state. 
 59.34     (b) No owner or other person having charge or control of 
 59.35  any snowmobile or all-terrain vehicle shall knowingly authorize 
 59.36  or permit any person, who by reason of any physical or mental 
 60.1   disability is incapable of operating the vehicle, to operate the 
 60.2   snowmobile or all-terrain vehicle anywhere in this state or on 
 60.3   the ice of any boundary water of this state. 
 60.4      (c) A person who operates or is in physical control of a 
 60.5   snowmobile or all-terrain vehicle anywhere in this state or on 
 60.6   the ice of any boundary water of this state is subject to 
 60.7   chapter 169A.  In addition to the applicable sanctions under 
 60.8   chapter 169A, a person who is convicted of violating section 
 60.9   169A.20 or an ordinance in conformity with it while operating a 
 60.10  snowmobile or all-terrain vehicle, or who refuses to comply with 
 60.11  a lawful request to submit to testing under sections 169A.50 to 
 60.12  169A.53 or an ordinance in conformity with it, shall be 
 60.13  prohibited from operating the snowmobile or all-terrain vehicle 
 60.14  for a period of one year.  The commissioner shall notify the 
 60.15  person of the time period during which the person is prohibited 
 60.16  from operating a snowmobile or all-terrain vehicle. 
 60.17     (d) Administrative and judicial review of the operating 
 60.18  privileges prohibition is governed by section 97B.066, 
 60.19  subdivisions 7 to 9, if the person does not have a prior 
 60.20  impaired driving conviction or prior license revocation, as 
 60.21  defined in section 169A.03.  Otherwise, administrative and 
 60.22  judicial review of the prohibition is governed by section 
 60.23  169A.53.  
 60.24     (e) The court shall promptly forward to the commissioner 
 60.25  and the Department of Public Safety copies of all convictions 
 60.26  and criminal and civil sanctions imposed under this section and 
 60.27  ~~chapter~~ chapters 169 and 169A relating to snowmobiles and 
 60.28  all-terrain vehicles.  
 60.29     (f) A person who violates paragraph (a) or (b), or an 
 60.30  ordinance in conformity with either of them, is guilty of a 
 60.31  misdemeanor.  A person who operates a snowmobile or all-terrain 
 60.32  vehicle during the time period the person is prohibited from 
 60.33  operating a vehicle under paragraph (c) is guilty of a 
 60.34  misdemeanor. 
 60.35     Sec. 42.  Minnesota Statutes 2004, section 84.922, 
 60.36  subdivision 2, is amended to read: 
 61.1      Subd. 2.  [APPLICATION, ISSUANCE, REPORTS.] (a) Application 
 61.2   for registration or continued registration shall be made to the 
 61.3   commissioner ~~of natural resources, the commissioner of public~~ 
 61.4   ~~safety~~ or an authorized deputy registrar of motor vehicles in a 
 61.5   form prescribed by the commissioner.  The form must state the 
 61.6   name and address of every owner of the vehicle.  
 61.7      (b) A person who purchases an all-terrain vehicle from a 
 61.8   retail dealer shall make application for registration to the 
 61.9   dealer at the point of sale.  The dealer shall issue a dealer 
 61.10  temporary ten-day registration permit to each purchaser who 
 61.11  applies to the dealer for registration.  The dealer shall submit 
 61.12  the completed registration application and fees to the deputy 
 61.13  registrar at least once each week.  No fee may be charged by a 
 61.14  dealer to a purchaser for providing the temporary permit. 
 61.15     (c) Upon receipt of the application and the appropriate 
 61.16  fee, the commissioner or deputy registrar shall issue to the 
 61.17  applicant, or provide to the dealer, ~~a 60-day temporary receipt~~ 
 61.18  ~~and shall assign a~~ an assigned registration number ~~that~~ or a 
 61.19  commissioner or deputy registrar temporary ten-day permit.  Once 
 61.20  issued, the registration number must be affixed to the vehicle 
 61.21  in a manner prescribed by the commissioner.  A dealer subject to 
 61.22  paragraph (b) shall provide the registration materials ~~and~~ or 
 61.23  temporary ~~receipt~~ permit to the purchaser within the ten-day 
 61.24  temporary permit period.  The commissioner shall use the 
 61.25  snowmobile registration system to register vehicles under this 
 61.26  section.  
 61.27     (d) Each deputy registrar of motor vehicles acting under 
 61.28  section 168.33, is also a deputy registrar of all-terrain 
 61.29  vehicles.  The commissioner of natural resources in agreement 
 61.30  with the commissioner of public safety may prescribe the 
 61.31  accounting and procedural requirements necessary to assure 
 61.32  efficient handling of registrations and registration fees. 
 61.33  Deputy registrars shall strictly comply with the accounting and 
 61.34  procedural requirements.  
 61.35     (e) In addition to other fees prescribed by law, a filing 
 61.36  fee of $4.50 is charged for each all-terrain vehicle 
 62.1   registration renewal, duplicate or replacement registration 
 62.2   card, and replacement decal and a filing fee of $7 is charged 
 62.3   for each all-terrain vehicle registration and registration 
 62.4   transfer issued by: 
 62.5      (1) a deputy registrar and shall be deposited in the 
 62.6   treasury of the jurisdiction where the deputy is appointed, or 
 62.7   retained if the deputy is not a public official; or 
 62.8      (2) the commissioner and shall be deposited to the state 
 62.9   treasury and credited to the all-terrain vehicle account in the 
 62.10  natural resources fund. 
 62.11     Sec. 43.  Minnesota Statutes 2004, section 84.922, is 
 62.12  amended by adding a subdivision to read: 
 62.13     Subd. 12.  [REFUNDS.] The commissioner may issue a refund 
 62.14  on a registration, not including any issuing fees paid under 
 62.15  subdivision 2, paragraph (e), or section 84.027, subdivision 15, 
 62.16  paragraph (a), clause (3), if the refund request is received 
 62.17  within 12 months of the original registration and: 
 62.18     (1) the vehicle was registered incorrectly by the 
 62.19  commissioner or the deputy registrar; or 
 62.20     (2) the vehicle was registered twice, once by the dealer 
 62.21  and once by the customer. 
 62.22     Sec. 44.  Minnesota Statutes 2004, section 84.925, 
 62.23  subdivision 1, is amended to read: 
 62.24     Subdivision 1.  [PROGRAM ESTABLISHED.] (a) The commissioner 
 62.25  shall establish a comprehensive all-terrain vehicle 
 62.26  environmental and safety education and training program, 
 62.27  including the preparation and dissemination of vehicle 
 62.28  information and safety advice to the public, the training of 
 62.29  all-terrain vehicle operators, and the issuance of all-terrain 
 62.30  vehicle safety certificates to vehicle operators over the age of 
 62.31  12 years who successfully complete the all-terrain vehicle 
 62.32  environmental and safety education and training course.  
 62.33     (b) For the purpose of administering the program and to 
 62.34  defray a portion of the expenses of training and certifying 
 62.35  vehicle operators, the commissioner shall collect a fee of $15 
 62.36  from each person who receives the training.  The commissioner 
 63.1   shall collect a fee, to include a $1 issuing fee for licensing 
 63.2   agents, for issuing a duplicate all-terrain vehicle safety 
 63.3   certificate.  The commissioner shall establish the fee for a 
 63.4   duplicate all-terrain vehicle safety certificate that neither 
 63.5   significantly overrecovers nor underrecovers costs, including 
 63.6   overhead costs, involved in providing the service.  Fee 
 63.7   proceeds, except for the issuing fee for licensing agents under 
 63.8   this subdivision, shall be deposited in the all-terrain vehicle 
 63.9   account in the natural resources fund.  In addition to the fee 
 63.10  established by the commissioner, instructors may charge each 
 63.11  person the cost of class material and expenses. 
 63.12     (c) The commissioner shall cooperate with private 
 63.13  organizations and associations, private and public corporations, 
 63.14  and local governmental units in furtherance of the program 
 63.15  established under this section.  School districts may cooperate 
 63.16  with the commissioner and volunteer instructors to provide space 
 63.17  for the classroom portion of the training.  The commissioner 
 63.18  shall consult with the commissioner of public safety in regard 
 63.19  to training program subject matter and performance testing that 
 63.20  leads to the certification of vehicle operators.  By June 30, 
 63.21  2003, the commissioner shall incorporate a riding component in 
 63.22  the safety education and training program. 
 63.23     <b>[EFFECTIVE DATE.]</b> This section, except for the the last 
 63.24  sentence in paragraph (b), is effective July 6, 2005. 
 63.25     Sec. 45.  Minnesota Statutes 2004, section 84.925, is 
 63.26  amended by adding a subdivision to read: 
 63.27     Subd. 5.  [TRAINING REQUIREMENTS.] (a) An individual who 
 63.28  was born after July 1, 1987, and who is 16 years of age or 
 63.29  older, must successfully complete the independent study course 
 63.30  component of all-terrain vehicle safety training. 
 63.31     (b) An individual who is convicted of violating a law 
 63.32  related to the operation of an all-terrain vehicle must 
 63.33  successfully complete the independent study course component of 
 63.34  all-terrain vehicle safety training before continuing operation 
 63.35  of an all-terrain vehicle. 
 63.36     (c) An individual who is convicted for a second or 
 64.1   subsequent excess speed, trespass, or wetland violation in an 
 64.2   all-terrain vehicle season, or any conviction for careless or 
 64.3   reckless operation of an all-terrain vehicle, must successfully 
 64.4   complete the independent study and the testing and operating 
 64.5   course components of all-terrain vehicle safety training before 
 64.6   continuing operation of an all-terrain vehicle. 
 64.7      (d) An individual who receives three or more citations and 
 64.8   convictions for violating a law related to the operation of an 
 64.9   all-terrain vehicle in a two-year period must successfully 
 64.10  complete the independent study and the testing and operating 
 64.11  course components of all-terrain vehicle safety training before 
 64.12  continuing operation of an all-terrain vehicle. 
 64.13     (e) An individual must present evidence of compliance with 
 64.14  this subdivision before an all-terrain vehicle registration is 
 64.15  issued or renewed. 
 64.16     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2006.
 64.17     Sec. 46.  Minnesota Statutes 2004, section 84.9256, 
 64.18  subdivision 1, is amended to read: 
 64.19     Subdivision 1.  [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) 
 64.20  Except for operation on public road rights-of-way that is 
 64.21  permitted under section 84.928, a driver's license issued by the 
 64.22  state or another state is required to operate an all-terrain 
 64.23  vehicle along or on a public road right-of-way. 
 64.24     (b) A person under 12 years of age shall not: 
 64.25     (1) make a direct crossing of a public road right-of-way; 
 64.26     (2) operate an all-terrain vehicle on a public road 
 64.27  right-of-way in the state; or 
 64.28     (3) operate an all-terrain vehicle on public lands or 
 64.29  waters, except as provided in paragraph (e).  
 64.30     (c) Except for public road rights-of-way of interstate 
 64.31  highways, a person 12 years of age but less than 16 years may 
 64.32  make a direct crossing of a public road right-of-way of a trunk, 
 64.33  county state-aid, or county highway or operate on public lands 
 64.34  and waters, only if that person possesses a valid all-terrain 
 64.35  vehicle safety certificate issued by the commissioner and is 
 64.36  accompanied on another all-terrain vehicle by a person 18 years 
 65.1   of age or older who holds a valid driver's license.  
 65.2      (d) To be issued an all-terrain vehicle safety ~~certificates~~ 
 65.3   ~~issued by the commissioner to persons~~ certificate, a person at 
 65.4   least 12 years old, but less than 16 years old, ~~are not valid~~ 
 65.5   ~~for machines in excess of 90cc engine capacity unless~~ must: 
 65.6      (1) ~~the person~~ successfully ~~completed~~ complete the safety 
 65.7   education and training program under section 84.925, subdivision 
 65.8   1, including a riding component; and 
 65.9      (2) ~~the riding component of the training was conducted~~ 
 65.10  ~~using an all-terrain vehicle with over 90cc engine capacity; and~~ 
 65.11     ~~(3) the person is~~ be able to properly reach and control the 
 65.12  handle bars and reach the foot pegs while sitting upright on the 
 65.13  seat of the all-terrain vehicle. 
 65.14     (e) A person at least ten years of age but under 12 years 
 65.15  of age may operate an all-terrain vehicle with an engine 
 65.16  capacity up to 90cc on public lands or waters if accompanied by 
 65.17  a parent or legal guardian. 
 65.18     Sec. 47.  Minnesota Statutes 2004, section 84.9257, is 
 65.19  amended to read: 
 65.20     84.9257 [PASSENGERS.] 
 65.21     (a) A parent or guardian may operate an all-terrain vehicle 
 65.22  carrying one passenger who is under 16 years of age and who 
 65.23  wears a safety helmet approved by the commissioner of public 
 65.24  safety. 
 65.25     (b) For the purpose of this section, "guardian" means a 
 65.26  legal guardian of a person under age 16, or a person 18 or older 
 65.27  who has been authorized by the parent or legal guardian to 
 65.28  supervise the person under age 16. 
 65.29     (c) A person 18 years of age or older may operate an 
 65.30  all-terrain vehicle carrying one passenger who is 16 or 17 years 
 65.31  of age and wears a safety helmet approved by the commissioner of 
 65.32  public safety. 
 65.33     (d) A person 18 years of age or older may operate an 
 65.34  all-terrain vehicle carrying one passenger who is 18 years of 
 65.35  age or older. 
 65.36     Sec. 48.  Minnesota Statutes 2004, section 84.926, is 
 66.1   amended to read: 
 66.2      84.926 [VEHICLE USE ~~ALLOWED~~ ON PUBLIC LANDS ~~BY THE~~ 
 66.3   ~~COMMISSIONER~~; EXCEPTIONS.] 
 66.4      Subdivision 1.  [EXCEPTION BY PERMIT.] 
 66.5   Notwithstanding ~~section~~ sections 84.773, subdivision 1, and 
 66.6   84.777, on a case by case basis, the commissioner may issue a 
 66.7   permit authorizing a person to operate an off-highway vehicle on 
 66.8   individual public trails under the commissioner's jurisdiction 
 66.9   during specified times and for specified purposes.  
 66.10     Subd. 2.  [ALL-TERRAIN VEHICLES; MANAGED OR LIMITED 
 66.11  FORESTS; OFF TRAIL.] Notwithstanding section 84.777, but subject 
 66.12  to the commissioner's authority under subdivision 5, on state 
 66.13  forest lands classified as managed or limited, other than the 
 66.14  Richard J. Dorer Memorial Hardwood Forest, a person may use an 
 66.15  all-terrain vehicle off forest trails or forest roads when: 
 66.16     (1) hunting big game or transporting or installing hunting 
 66.17  stands during October, November, and December, when in 
 66.18  possession of a valid big game hunting license; 
 66.19     (2) retrieving big game in September, when in possession of 
 66.20  a valid big game hunting license; 
 66.21     (3) tending traps during an open trapping season for 
 66.22  protected furbearers, when in possession of a valid trapping 
 66.23  license; or 
 66.24     (4) trapping minnows, when in possession of a valid minnow 
 66.25  dealer, private fish hatchery, or aquatic farm license. 
 66.26     Subd. 3.  [ALL-TERRAIN VEHICLES; CLOSED FORESTS; 
 66.27  HUNTING.] Notwithstanding section 84.777, the commissioner may 
 66.28  determine whether all-terrain vehicles are allowed on specific 
 66.29  forest roads, on state forest lands classified as closed, for 
 66.30  the purpose of hunting big game during an open big game season.  
 66.31  The determination shall be by written order as published in the 
 66.32  State Register and is exempt from chapter 14.  Section 14.386 
 66.33  does not apply. 
 66.34     Subd. 4.  [OFF-ROAD AND ALL-TERRAIN VEHICLES; LIMITED OR 
 66.35  MANAGED FORESTS; TRAILS.] Notwithstanding section 84.777, but 
 66.36  subject to the commissioner's authority under subdivision 5, on 
 67.1   state forest lands classified as limited or managed, other than 
 67.2   the Richard J. Dorer Memorial Hardwood Forest, a person may use 
 67.3   vehicles registered under chapter 168 or section 84.798 or 
 67.4   84.922 on forest trails that are not designated for a specific 
 67.5   use when: 
 67.6      (1) hunting big game or transporting or installing hunting 
 67.7   stands during October, November, and December, when in 
 67.8   possession of a valid big game hunting license; 
 67.9      (2) retrieving big game in September, when in possession of 
 67.10  a valid big game hunting license; 
 67.11     (3) tending traps during an open trapping season for 
 67.12  protected furbearers, when in possession of a valid trapping 
 67.13  license; or 
 67.14     (4) trapping minnows, when in possession of a valid minnow 
 67.15  dealer, private fish hatchery, or aquatic farm license. 
 67.16     Subd. 5.  [LIMITATIONS ON OFF-TRAIL AND UNDESIGNATED TRAIL 
 67.17  USE.] The commissioner may designate areas on state forest lands 
 67.18  that are not subject to the exceptions provided in subdivisions 
 67.19  2 and 4.  Such designations are not subject to the rulemaking 
 67.20  provisions of chapter 14 and section 14.386 does not apply.  
 67.21  Before designating such areas, the commissioner shall hold a 
 67.22  public meeting in the county where the largest portion of the 
 67.23  forest lands are located to provide information to and receive 
 67.24  comment from the public regarding the proposed designation.  
 67.25  Sixty days before the public meeting, notice of the proposed 
 67.26  designation shall be published in the legal newspapers that 
 67.27  serve the counties in which the lands are located, in a 
 67.28  statewide Department of Natural Resources news release, and in 
 67.29  the State Register. 
 67.30     Sec. 49.  Minnesota Statutes 2004, section 84.928, 
 67.31  subdivision 1, is amended to read: 
 67.32     Subdivision 1.  [OPERATION ON ROADS AND RIGHTS-OF-WAY.] (a) 
 67.33  Unless otherwise allowed in sections 84.92 to 84.929, a person 
 67.34  shall not operate an all-terrain vehicle in this state along or 
 67.35  on the roadway, shoulder, or inside bank or slope of a public 
 67.36  road right-of-way of a trunk, county state-aid, or county 
 68.1   highway other than in the ditch or the outside bank or slope of 
 68.2   a trunk, county state-aid, or county highway unless prohibited 
 68.3   under paragraph (b).  This paragraph does not apply to a person 
 68.4   who operates an all-terrain vehicle owned by or operated under 
 68.5   contract with a publicly or privately owned utility when used 
 68.6   for work on utilities. 
 68.7      (b) A road authority as defined under section 160.02, 
 68.8   subdivision 25, may after a public hearing restrict the use of 
 68.9   all-terrain vehicles in the ditch or outside bank or slope of a 
 68.10  public road right-of-way under its jurisdiction. 
 68.11     (c) The commissioner may limit the use of a right-of-way 
 68.12  for a period of time if the commissioner determines that use of 
 68.13  the right-of-way causes: 
 68.14     (1) degradation of vegetation on adjacent public property; 
 68.15     (2) siltation of waters of the state; 
 68.16     (3) impairment or enhancement to the act of taking game; or 
 68.17     (4) a threat to safety of the right-of-way users or to 
 68.18  individuals on adjacent public property. 
 68.19     (d) The commissioner must notify the road authority as soon 
 68.20  as it is known that a closure will be ordered.  The notice must 
 68.21  state the reasons and duration of the closure. 
 68.22     (e) A person may operate an all-terrain vehicle registered 
 68.23  for private use and used for agricultural purposes on a public 
 68.24  road right-of-way of a trunk, county state-aid, or county 
 68.25  highway in this state if the all-terrain vehicle is operated on 
 68.26  the extreme right-hand side of the road, and left turns may be 
 68.27  made from any part of the road if it is safe to do so under the 
 68.28  prevailing conditions.  
 68.29     (f) A person shall not operate an all-terrain vehicle 
 68.30  within the public road right-of-way of a trunk, county 
 68.31  state-aid, or county highway from April 1 to August 1 in the 
 68.32  agricultural zone unless the vehicle is being used exclusively 
 68.33  as transportation to and from work on agricultural lands.  This 
 68.34  paragraph does not apply to an agent or employee of a road 
 68.35  authority, as defined in section 160.02, subdivision 25, or the 
 68.36  Department of Natural Resources when performing or exercising 
 69.1   official duties or powers. 
 69.2      (g) A person shall not operate an all-terrain vehicle 
 69.3   within the public road right-of-way of a trunk, county 
 69.4   state-aid, or county highway between the hours of one-half hour 
 69.5   after sunset to one-half hour before sunrise, except on the 
 69.6   right-hand side of the right-of-way and in the same direction as 
 69.7   the highway traffic on the nearest lane of the adjacent roadway. 
 69.8      (h) A person shall not operate an all-terrain vehicle at 
 69.9   any time within the right-of-way of an interstate highway or 
 69.10  freeway within this state. 
 69.11     Sec. 50.  Minnesota Statutes 2004, section 84.928, 
 69.12  subdivision 2, is amended to read: 
 69.13     Subd. 2.  [OPERATION GENERALLY.] A person may not drive or 
 69.14  operate an all-terrain vehicle: 
 69.15     (1) at a rate of speed greater than reasonable or proper 
 69.16  under the surrounding circumstances; 
 69.17     (2) in a careless, reckless, or negligent manner so as to 
 69.18  endanger or to cause injury or damage to the person or property 
 69.19  of another; 
 69.20     (3) without headlight and taillight lighted at all times if 
 69.21  the vehicle is equipped with headlight and taillight; 
 69.22     (4) without a functioning stoplight if so equipped; 
 69.23     (5) in a tree nursery or planting in a manner that damages 
 69.24  or destroys growing stock; 
 69.25     (6) without a brake operational by either hand or foot; 
 69.26     (7) with more ~~persons~~ than one person on the vehicle ~~than~~ 
 69.27  ~~it was designed for~~, except as allowed under section 84.9257; 
 69.28     (8) at a speed exceeding ten miles per hour on the frozen 
 69.29  surface of public waters within 100 feet of a person not on an 
 69.30  all-terrain vehicle or within 100 feet of a fishing shelter; ~~or~~ 
 69.31     (9) with a snorkel device that has a raised air intake six 
 69.32  inches or more above the vehicle manufacturer's original air 
 69.33  intake, except within the Iron Range Off-Highway Vehicle 
 69.34  Recreation Area as described in section 85.013, subdivision 12a, 
 69.35  or other public off-highway vehicle recreation areas; or 
 69.36     ~~(9)~~ (10) in a manner that violates operation rules adopted 
 70.1   by the commissioner. 
 70.2      Sec. 51.  Minnesota Statutes 2004, section 84D.03, 
 70.3   subdivision 4, is amended to read: 
 70.4      Subd. 4.  [COMMERCIAL FISHING AND TURTLE, FROG, AND 
 70.5   CRAYFISH HARVESTING RESTRICTIONS IN INFESTED AND NONINFESTED 
 70.6   WATERS.] (a) All nets, traps, buoys, anchors, stakes, and lines 
 70.7   used for commercial fishing or turtle, frog, or crayfish 
 70.8   harvesting in an infested ~~waters,~~ water that is designated 
 70.9   because ~~the waters contain~~ it contains invasive fish or 
 70.10  invertebrates, may not be used in ~~noninfested~~ any other waters.  
 70.11  If a commercial licensee operates in both ~~noninfested waters and~~ 
 70.12  an infested ~~waters~~ water designated because ~~the waters contain~~ 
 70.13  it contains invasive fish or invertebrates and other waters, all 
 70.14  nets, traps, buoys, anchors, stakes, and lines used for 
 70.15  commercial fishing or turtle, frog, or crayfish harvesting in 
 70.16  ~~noninfested~~ waters not designated as infested with invasive fish 
 70.17  or invertebrates must be tagged with tags provided by the 
 70.18  commissioner, as specified in the commercial licensee's license 
 70.19  or permit, and may not be used in infested waters designated 
 70.20  because the waters contain invasive fish or invertebrates. 
 70.21     (b) ~~In infested waters designated solely because the waters~~ 
 70.22  ~~contain Eurasian water milfoil,~~ All nets, traps, buoys, anchors, 
 70.23  stakes, and lines used for commercial fishing or turtle, frog, 
 70.24  or crayfish harvesting in an infested water that is designated 
 70.25  solely because it contains Eurasian water milfoil must be dried 
 70.26  for a minimum of ten days or frozen for a minimum of two days 
 70.27  before they are used in ~~noninfested~~ any other waters, except as 
 70.28  provided in this paragraph.  Commercial ~~operators~~ licensees must 
 70.29  notify the department's regional or area fisheries office or a 
 70.30  conservation officer ~~when~~ before removing nets or equipment from 
 70.31  an infested ~~waters~~ water designated solely because it contains 
 70.32  Eurasian water milfoil and before resetting those nets or 
 70.33  equipment in ~~noninfested~~ any other waters.  ~~All aquatic~~ 
 70.34  ~~macrophytes~~ Upon such notification, the commissioner may 
 70.35  authorize a commercial licensee to move nets or equipment to 
 70.36  another water without freezing or drying, if that water is 
 71.1   designated as infested solely because it contains Eurasian water 
 71.2   milfoil.  
 71.3      (c) A commercial licensee must ~~be removed~~ remove all 
 71.4   aquatic macrophytes from nets and other equipment when the nets 
 71.5   and equipment are removed from ~~infested~~ waters of the state. 
 71.6      (d) The commissioner shall provide a commercial licensee 
 71.7   with a current listing of designated infested waters at the time 
 71.8   that a license or permit is issued. 
 71.9      Sec. 52.  Minnesota Statutes 2004, section 85.053, 
 71.10  subdivision 1, is amended to read: 
 71.11     Subdivision 1.  [FORM, ISSUANCE, VALIDITY.] (a) The 
 71.12  commissioner shall prepare and provide state park permits for 
 71.13  each calendar year that state a motor vehicle may enter and use 
 71.14  state parks, state recreation areas, and state waysides over 50 
 71.15  acres in area.  State park permits must be available and placed 
 71.16  on sale by January 1 of the calendar year that the permit is 
 71.17  valid.  A separate motorcycle permit may be prepared and 
 71.18  provided by the commissioner. 
 71.19     (b) An annual state park permit ~~must be affixed when~~ 
 71.20  ~~purchased and~~ may be used from the time it is ~~affixed~~ purchased 
 71.21  for a 12-month period.  State park permits in each category must 
 71.22  be numbered consecutively for each year of issue.  
 71.23     (c) State park permits shall be issued by employees of the 
 71.24  Division of Parks and Recreation as designated by the 
 71.25  commissioner.  State park permits also may be consigned to and 
 71.26  issued by agents designated by the commissioner who are not 
 71.27  employees of the Division of Parks and Recreation.  All proceeds 
 71.28  from the sale of permits and all unsold permits consigned to 
 71.29  agents shall be returned to the commissioner at such times as 
 71.30  the commissioner may direct, but no later than the end of the 
 71.31  calendar year for which the permits are effective.  No part of 
 71.32  the permit fee may be retained by an agent.  An additional 
 71.33  charge or fee in an amount to be determined by the commissioner, 
 71.34  but not to exceed four percent of the price of the permit, may 
 71.35  be collected and retained by an agent for handling or selling 
 71.36  the permits. 
 72.1      Sec. 53.  Minnesota Statutes 2004, section 85.053, 
 72.2   subdivision 2, is amended to read: 
 72.3      Subd. 2.  [REQUIREMENT.] Except as provided in section 
 72.4   85.054, a motor vehicle may not enter a state park, state 
 72.5   recreation area, or state wayside over 50 acres in area, without 
 72.6   a state park permit issued under this section.  Except for 
 72.7   vehicles permitted under subdivision 7, paragraph (a), clause 
 72.8   (2), the state park permit must be affixed to the lower right 
 72.9   corner windshield of the motor vehicle and must be completely 
 72.10  affixed by its own adhesive to the windshield, or the 
 72.11  commissioner may, by written order, provide an alternative means 
 72.12  to display and validate annual permits. 
 72.13     Sec. 54.  Minnesota Statutes 2004, section 85.055, is 
 72.14  amended by adding a subdivision to read: 
 72.15     Subd. 1b.  [DISCOUNTS.] Except as otherwise specified in 
 72.16  law, and notwithstanding section 16A.1285, subdivision 2, the 
 72.17  commissioner may by written order authorize waiver or reduction 
 72.18  of state park entrance fees. 
 72.19     Sec. 55.  Minnesota Statutes 2004, section 85.055, 
 72.20  subdivision 2, is amended to read: 
 72.21     Subd. 2.  [FEE DEPOSIT AND APPROPRIATION.] The fees 
 72.22  collected under this section shall be deposited in the natural 
 72.23  resources fund and credited to ~~a~~ the state parks account.  Money 
 72.24  in the account, except for the electronic licensing system 
 72.25  commission established by the commissioner under section 84.027, 
 72.26  subdivision 15, is available for appropriation to the 
 72.27  commissioner to operate and maintain the state park system. 
 72.28     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 72.29     Sec. 56.  Minnesota Statutes 2004, section 85.42, is 
 72.30  amended to read: 
 72.31     85.42 [USER FEE; VALIDITY.] 
 72.32     (a) The fee for an annual cross-country ski pass is ~~$9~~ $14 
 72.33  for an individual age 16 and over.  The fee for a three-year 
 72.34  pass is ~~$24~~ $39 for an individual age 16 and over.  This fee 
 72.35  shall be collected at the time the pass is purchased.  
 72.36  Three-year passes are valid for three years beginning the 
 73.1   previous July 1.  Annual passes are valid for one year beginning 
 73.2   the previous July 1. 
 73.3      (b) The cost for a daily cross-country skier pass is ~~$2~~ $4 
 73.4   for an individual age 16 and over.  This fee shall be collected 
 73.5   at the time the pass is purchased.  The daily pass is valid only 
 73.6   for the date designated on the pass form. 
 73.7      (c) A pass must be signed by the skier across the front of 
 73.8   the pass to be valid and becomes nontransferable on signing.  
 73.9      Sec. 57.  Minnesota Statutes 2004, section 85.43, is 
 73.10  amended to read: 
 73.11     85.43 [DISPOSITION OF RECEIPTS; PURPOSE.] 
 73.12     ~~(a)~~ Fees from cross-country ski passes shall be deposited 
 73.13  in the state treasury and credited to a cross-country ski 
 73.14  account in the natural resources fund and, except ~~as provided in~~ 
 73.15  ~~paragraph (b)~~ for the electronic licensing system commission 
 73.16  established by the commissioner under section 84.027, 
 73.17  subdivision 15, are appropriated to the commissioner of natural 
 73.18  resources for: 
 73.19     (1) grants-in-aid for cross-country ski trails sponsored by 
 73.20  local units of government and special park districts as provided 
 73.21  in section 85.44; and 
 73.22     (2) maintenance, winter grooming, and associated 
 73.23  administrative costs for cross-country ski trails under the 
 73.24  jurisdiction of the commissioner. 
 73.25     ~~(b) The commissioner shall retain for the operation of the~~ 
 73.26  ~~electronic licensing system a commission of 4.7 percent of all~~ 
 73.27  ~~cross-country ski pass fees collected.~~ 
 73.28     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 73.29     Sec. 58.  Minnesota Statutes 2004, section 86B.415, 
 73.30  subdivision 1, is amended to read: 
 73.31     Subdivision 1.  [WATERCRAFT 19 FEET OR LESS.] The fee for a 
 73.32  watercraft license for watercraft 19 feet or less in length 
 73.33  is ~~$18~~ $27 except: 
 73.34     (1) for watercraft, other than personal watercraft, 19 feet 
 73.35  in length or less that is offered for rent or lease, the fee is 
 73.36  ~~$6~~ $12; 
 74.1      (2) for a canoe, kayak, sailboat, sailboard, paddle boat, 
 74.2   or rowing shell 19 feet in length or less, the fee is ~~$7~~ $14; 
 74.3      (3) for a watercraft 19 feet in length or less used by a 
 74.4   nonprofit corporation for teaching boat and water safety, the 
 74.5   fee is as provided in subdivision 4; 
 74.6      (4) for a watercraft owned by a dealer under a dealer's 
 74.7   license, the fee is as provided in subdivision 5; 
 74.8      (5) for a personal watercraft, the fee is ~~$25~~ $37.50; and 
 74.9      (6) for a watercraft less than 17 feet in length, other 
 74.10  than a watercraft listed in clauses (1) to (5), the fee 
 74.11  is ~~$12~~ $24. 
 74.12     Sec. 59.  Minnesota Statutes 2004, section 86B.415, 
 74.13  subdivision 2, is amended to read: 
 74.14     Subd. 2.  [WATERCRAFT OVER 19 FEET.] Except as provided in 
 74.15  subdivisions 3, 4, and 5, the watercraft license fee: 
 74.16     (1) for a watercraft more than 19 feet but less than 26 
 74.17  feet in length is ~~$30~~ $45; 
 74.18     (2) for a watercraft 26 feet but less than 40 feet in 
 74.19  length is ~~$45~~ $67.50; and 
 74.20     (3) for a watercraft 40 feet in length or longer is ~~$60~~ $90.
 74.21     Sec. 60.  Minnesota Statutes 2004, section 86B.415, 
 74.22  subdivision 3, is amended to read: 
 74.23     Subd. 3.  [WATERCRAFT OVER 19 FEET FOR HIRE.] The license 
 74.24  fee for a watercraft more than 19 feet in length for hire with 
 74.25  an operator is ~~$50~~ $100 each.  
 74.26     Sec. 61.  Minnesota Statutes 2004, section 86B.415, 
 74.27  subdivision 4, is amended to read: 
 74.28     Subd. 4.  [WATERCRAFT USED BY NONPROFIT CORPORATION FOR 
 74.29  TEACHING.] The watercraft license fee for a watercraft used by a 
 74.30  nonprofit organization for teaching boat and water safety is 
 74.31  ~~$3~~ $6 each.  
 74.32     Sec. 62.  Minnesota Statutes 2004, section 86B.415, 
 74.33  subdivision 5, is amended to read: 
 74.34     Subd. 5.  [DEALER'S LICENSE.] There is no separate fee for 
 74.35  watercraft owned by a dealer under a dealer's license.  The fee 
 74.36  for a dealer's license is ~~$45~~ $67.50.  
 75.1      Sec. 63.  Minnesota Statutes 2004, section 86B.415, 
 75.2   subdivision 6, is amended to read: 
 75.3      Subd. 6.  [TRANSFER OR DUPLICATE LICENSE.] The fee to 
 75.4   transfer a watercraft license or be issued a duplicate license 
 75.5   is ~~$3~~ $6.  
 75.6      Sec. 64.  Minnesota Statutes 2004, section 86B.415, is 
 75.7   amended by adding a subdivision to read: 
 75.8      Subd. 11.  [REFUNDS.] The commissioner may issue a refund 
 75.9   on a license or title, not including any issuing fees paid under 
 75.10  subdivision 8 or section 84.027, subdivision 15, paragraph (a), 
 75.11  clause (3), or 86B.870, subdivision 1, paragraph (b), if the 
 75.12  refund request is received within 12 months of the original 
 75.13  license or title and: 
 75.14     (1) the watercraft was licensed or titled incorrectly by 
 75.15  the commissioner or the deputy registrar; 
 75.16     (2) the customer was incorrectly charged a title fee; or 
 75.17     (3) the watercraft was licensed or titled twice, once by 
 75.18  the dealer and once by the customer. 
 75.19     Sec. 65.  [86B.706] [WATER RECREATION ACCOUNT; RECEIPTS AND 
 75.20  PURPOSE.] 
 75.21     Subdivision 1.  [CREATION.] The water recreation account is 
 75.22  created in the state treasury in the natural resources fund. 
 75.23     Subd. 2.  [MONEY DEPOSITED IN ACCOUNT.] The following shall 
 75.24  be deposited in the state treasury and credited to the water 
 75.25  recreation account: 
 75.26     (1) fees and surcharges from titling and licensing of 
 75.27  watercraft under this chapter; 
 75.28     (2) fines, installment payments, and forfeited bail 
 75.29  according to section 86B.705, subdivision 2; 
 75.30     (3) civil penalties according to section 84D.13; 
 75.31     (4) mooring fees and receipts from the sale of marine gas 
 75.32  at state-operated or state-assisted small craft harbors and 
 75.33  mooring facilities according to section 86A.21; 
 75.34     (5) the unrefunded gasoline tax attributable to watercraft 
 75.35  use under section 296A.18; and 
 75.36     (6) fees for permits issued to control or harvest aquatic 
 76.1   plants other than wild rice under section 103G.615, subdivision 
 76.2   2. 
 76.3      Subd. 3.  [PURPOSES.] The money in the account may be 
 76.4   expended only as appropriated by law for the following purposes: 
 76.5      (1) as directed under section 296A.18, subdivision 2, for 
 76.6   acquisition, development, maintenance, and rehabilitation of 
 76.7   public water access and boating facilities on public waters; 
 76.8   lake and river improvements; and boat and water safety; 
 76.9      (2) from the fees collected at state-operated or 
 76.10  state-assisted small craft harbors and mooring facilities from 
 76.11  daily and seasonal moorings and the sale of marine gas, for 
 76.12  maintenance, operation, replacement, and expansion of these 
 76.13  facilities and for the debt service on state bonds sold to 
 76.14  finance these facilities; 
 76.15     (3) for administration and enforcement of this chapter as 
 76.16  it pertains to titling and licensing of watercraft and use and 
 76.17  safe operation of watercraft; grants for county-sponsored and 
 76.18  administered boat and water safety programs; and state boat and 
 76.19  water safety efforts; 
 76.20     (4) for management of aquatic invasive species and the 
 76.21  implementation of chapter 84D as it pertains to aquatic invasive 
 76.22  species, including control, public awareness, law enforcement, 
 76.23  assessment and monitoring, management planning, and research; 
 76.24  and 
 76.25     (5) for management of aquatic plants and the implementation 
 76.26  of section 103G.615 as it pertains to aquatic plants, including 
 76.27  plant removal permitting, control, public awareness, law 
 76.28  enforcement, assessment and monitoring, management planning, and 
 76.29  research. 
 76.30     Sec. 66.  Minnesota Statutes 2004, section 88.17, 
 76.31  subdivision 1, is amended to read: 
 76.32     Subdivision 1.  [PERMIT REQUIRED.] (a) A permit to start a 
 76.33  fire to burn vegetative materials and other materials allowed by 
 76.34  Minnesota Statutes or official state rules and regulations may 
 76.35  be given by the commissioner or the commissioner's agent.  This 
 76.36  permission shall be in the form of: 
 77.1      (1) a written permit ~~signed~~ issued by a forest officer, 
 77.2   fire warden, ~~authorized Minnesota pollution control agent,~~ or 
 77.3   other person authorized by the ~~forest officer, or town fire~~ 
 77.4   ~~warden, and~~ commissioner; or 
 77.5      (2) an electronic permit issued by the commissioner, an 
 77.6   agent authorized by the commissioner, or an Internet site 
 77.7   authorized by the commissioner. 
 77.8      (b) Burning permits shall set the time and conditions by 
 77.9   which the fire may be started and burned.  The permit shall also 
 77.10  specifically list the materials that may be burned.  The 
 77.11  permittee must have the permit on their person and shall produce 
 77.12  the permit for inspection when requested to do so by a forest 
 77.13  officer, ~~town fire warden,~~ conservation officer, or other peace 
 77.14  officer.  The permittee shall remain with the fire at all times 
 77.15  and before leaving the site shall completely extinguish the 
 77.16  fire.  A person shall not start or cause a fire to be started on 
 77.17  any land that is not owned or under their legal control without 
 77.18  the written permission of the owner, lessee, or an agent of the 
 77.19  owner or lessee of the land.  Violating or exceeding the permit 
 77.20  conditions shall constitute a misdemeanor and shall be cause for 
 77.21  the permit to be revoked. 
 77.22     Sec. 67.  Minnesota Statutes 2004, section 88.17, is 
 77.23  amended by adding a subdivision to read:: 
 77.24     Subd. 4.  [ACCOUNT CREATED.] There is created in the state 
 77.25  treasury a burning permit account within the natural resources 
 77.26  fund where all fees collected under this section shall be 
 77.27  deposited. 
 77.28     Sec. 68.  Minnesota Statutes 2004, section 88.17, is 
 77.29  amended by adding a subdivision to read: 
 77.30     Subd. 5.  [PERMIT FEES.] (a) The annual fees for an 
 77.31  electronic burning permit are: 
 77.32     (1) $5 for a noncommercial burning permit; and 
 77.33     (2) for commercial enterprises that obtain multiple 
 77.34  permits, $5 per permit for each burning site, up to a maximum of 
 77.35  $50 per individual business enterprise per year.  
 77.36     (b) Except for the issuing fee under paragraph (c), and for 
 78.1   the electronic licensing system commission established by the 
 78.2   commissioner under section 84.027, subdivision 15, money 
 78.3   received from permits issued under this section shall be 
 78.4   deposited in the state treasury and credited to the burning 
 78.5   permit account and is annually appropriated to the commissioner 
 78.6   of natural resources for the costs of operating the burning 
 78.7   permit system. 
 78.8      (c) Of the fee amount collected under paragraph (a), $1 
 78.9   shall be retained by the permit agent as a commission for 
 78.10  issuing electronic permits. 
 78.11     Sec. 69.  Minnesota Statutes 2004, section 88.6435, 
 78.12  subdivision 4, is amended to read: 
 78.13     Subd. 4.  [FOREST BOUGH ACCOUNT; DISPOSITION OF ~~PERMIT~~ FEES 
 78.14  ~~AND PENALTIES~~.] (a) The forest bough account is established in 
 78.15  the state treasury within the natural resources fund. 
 78.16     (b) Fees for permits issued under this section shall be 
 78.17  deposited in the state treasury and credited to the ~~special~~ 
 78.18  ~~revenue fund~~ forest bough account and, except for the electronic 
 78.19  licensing system commission established by the commissioner 
 78.20  under section 84.027, subdivision 15, are annually appropriated 
 78.21  to the commissioner of natural resources for costs associated 
 78.22  with balsam bough educational programs for harvesters and buyers.
 78.23     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 78.24     Sec. 70.  Minnesota Statutes 2004, section 89.039, 
 78.25  subdivision 1, is amended to read: 
 78.26     Subdivision 1.  [ACCOUNT ESTABLISHED; SOURCES.] The forest 
 78.27  management investment account is created in the natural 
 78.28  resources fund in the state treasury and money in the account 
 78.29  may be spent only for the purposes provided in subdivision 2.  
 78.30  The following revenue shall be deposited in the forest 
 78.31  management investment account: 
 78.32     (1) timber sales receipts transferred from the consolidated 
 78.33  conservation areas account as provided in section 84A.51, 
 78.34  subdivision 2; 
 78.35     (2) timber sales receipts from forest lands as provided in 
 78.36  section 89.035; ~~and~~ 
 79.1      (3) money transferred from the forest suspense account 
 79.2   according to section 16A.125, subdivision 5; and 
 79.3      (4) interest accruing from investment of the account. 
 79.4      Sec. 71.  Minnesota Statutes 2004, section 89.19, 
 79.5   subdivision 2, is amended to read: 
 79.6      Subd. 2.  [RULEMAKING EXEMPTION.] Designations of forest 
 79.7   trails and changes to the designations by the commissioner shall 
 79.8   be by written order published in the State Register.  
 79.9   Designations and changes to designations are not subject to the 
 79.10  rulemaking provisions of chapter 14 and section 14.386 does not 
 79.11  apply.  Before designating or changing a designation of forest 
 79.12  trails, the commissioner shall hold a public meeting in the 
 79.13  county where the largest portion of the forest lands are located 
 79.14  to provide information to and receive comment from the public 
 79.15  regarding the proposed trail designation or change in 
 79.16  designation.  Sixty days before the public meeting, notice of 
 79.17  the proposed forest trail designation or change in designation 
 79.18  shall be published in the legal newspapers that serve the 
 79.19  counties in which the lands are located, in a statewide 
 79.20  Department of Natural Resources news release, and in the State 
 79.21  Register. 
 79.22     Sec. 72.  Minnesota Statutes 2004, section 89.36, 
 79.23  subdivision 2, is amended to read: 
 79.24     Subd. 2.  [PURCHASE OF STOCK.] The commissioner of natural 
 79.25  resources may purchase tree planting stock for the purposes 
 79.26  herein authorized under the provisions of sections 89.35 to 
 79.27  89.39, or any other applicable law now or hereafter in 
 79.28  force.  The commissioner must give preference for Minnesota 
 79.29  grown planting stock. 
 79.30     Sec. 73.  Minnesota Statutes 2004, section 89.37, 
 79.31  subdivision 4, is amended to read: 
 79.32     Subd. 4.  [PROCEEDS OF SALE.] All money received in payment 
 79.33  for tree planting stock supplied under this section shall be 
 79.34  deposited in the state treasury and credited to a forest nursery 
 79.35  account and are available to the commissioner of natural 
 79.36  resources for the purposes of sections 89.35 to 89.37, including 
 80.1   forestry education and technical assistance. 
 80.2      Sec. 74.  Minnesota Statutes 2004, section 92.03, 
 80.3   subdivision 4, is amended to read: 
 80.4      Subd. 4.  [INTERNAL IMPROVEMENT LANDS.] When lands donated 
 80.5   to the state under the eighth section of an act of Congress 
 80.6   entitled "An act to appropriate the proceeds of the sales of the 
 80.7   public lands, and to grant preemption rights," approved 
 80.8   September 4, 1841, ~~must be~~ are sold ~~and~~, the money derived from 
 80.9   its sale must be invested, as provided by the Minnesota 
 80.10  Constitution, article XI, section 8. 
 80.11     Sec. 75.  [92.685] [LAND MANAGEMENT ACCOUNT.] 
 80.12     The land management account is created in the natural 
 80.13  resources fund.  Money credited to the account is appropriated 
 80.14  annually to the commissioner of natural resources for the Lands 
 80.15  and Minerals Division to administer the road easement program 
 80.16  under section 84.631. 
 80.17     Sec. 76.  Minnesota Statutes 2004, section 93.22, 
 80.18  subdivision 1, is amended to read: 
 80.19     Subdivision 1.  [GENERALLY.] (a) All payments under 
 80.20  sections 93.14 to 93.285 shall be made to the Department of 
 80.21  Natural Resources and shall be credited according to this 
 80.22  section.  
 80.23     ~~(a)~~ (b) Twenty percent of all payments under sections 93.14 
 80.24  to 93.285 shall be credited to the minerals management account 
 80.25  in the natural resources fund as costs for the administration 
 80.26  and management of state mineral resources by the commissioner of 
 80.27  natural resources. 
 80.28     (c) The remainder of the payments shall be credited as 
 80.29  follows: 
 80.30     (1) if the lands or minerals and mineral rights covered by 
 80.31  a lease are held by the state by virtue of an act of Congress, 
 80.32  payments made under the lease shall be credited to the permanent 
 80.33  fund of the class of land to which the leased premises belong~~.~~; 
 80.34     ~~(b)~~ (2) if a lease covers the bed of navigable waters, 
 80.35  payments made under the lease shall be credited to the permanent 
 80.36  school fund of the state~~.~~; 
 81.1      ~~(c)~~ (3) if the lands or minerals and mineral rights covered 
 81.2   by a lease are held by the state in trust for the taxing 
 81.3   districts, payments made under the lease shall be distributed 
 81.4   annually on the first day of September ~~as follows:~~ 
 81.5      ~~(1) 20 percent to the general fund; and~~ 
 81.6      ~~(2) 80 percent~~ to the respective counties in which the 
 81.7   lands lie, to be apportioned among the taxing districts 
 81.8   interested therein as follows:  county, three-ninths; town or 
 81.9   city, two-ninths; and school district, four-ninths~~.~~; 
 81.10     (4) if the lands or mineral rights covered by a lease 
 81.11  became the absolute property of the state under the provisions 
 81.12  of chapter 84A, payments made under the lease shall be 
 81.13  distributed as follows:  county containing the land from which 
 81.14  the income was derived, five-eighths; and general fund of the 
 81.15  state, three-eighths; and 
 81.16     ~~(d)~~ (5) Except as provided under this section and except 
 81.17  where the disposition of payments may be otherwise directed by 
 81.18  law, ~~all~~ payments made under a lease shall be paid into the 
 81.19  general fund of the state. 
 81.20     Sec. 77.  [93.2236] [MINERALS MANAGEMENT ACCOUNT.] 
 81.21     (a) The minerals management account is created as an 
 81.22  account in the natural resources fund.  Interest earned on money 
 81.23  in the account accrues to the account.  Money in the account may 
 81.24  be spent or distributed only as provided in paragraphs (b) and 
 81.25  (c). 
 81.26     (b) If the balance in the minerals management account 
 81.27  exceeds $3,000,000 on June 30, the amount exceeding $3,000,000 
 81.28  must be distributed to the permanent school fund and the 
 81.29  permanent university fund.  The amount distributed to each fund 
 81.30  must be in the same proportion as the total mineral lease 
 81.31  revenue received in the previous biennium from school trust 
 81.32  lands and university lands. 
 81.33     (c) Subject to appropriation by the legislature, money in 
 81.34  the minerals management account may be spent by the commissioner 
 81.35  of natural resources for mineral resource management and 
 81.36  projects to enhance future mineral income and promote new 
 82.1   mineral resource opportunities. 
 82.2      Sec. 78.  Minnesota Statutes 2004, section 94.342, 
 82.3   subdivision 1, is amended to read: 
 82.4      Subdivision 1.  [CLASS A.] All land owned by the state and 
 82.5   controlled or administered by the commissioner or by any 
 82.6   division ~~or agency~~ of the Department of Natural Resources shall 
 82.7   be known as Class A land for the purposes of sections 94.341 to 
 82.8   94.347.  Class A land shall include school, swamp, internal 
 82.9   improvement, and other land granted to the state by acts of 
 82.10  Congress, state forest land, tax-forfeited land held by the 
 82.11  state free from any trust in favor of taxing districts, and 
 82.12  other land acquired by the state in any manner and controlled or 
 82.13  administered as aforesaid; but this enumeration shall not be 
 82.14  deemed exclusive.  
 82.15     Sec. 79.  Minnesota Statutes 2004, section 94.342, 
 82.16  subdivision 3, is amended to read: 
 82.17     Subd. 3.  [~~CLASS C~~ ADDITIONAL RESTRICTIONS ON RIPARIAN 
 82.18  LAND.] Land bordering on or adjacent to any meandered or other 
 82.19  public waters and withdrawn from sale by law is ~~Class C~~ riparian 
 82.20  land.  ~~Class C~~ Riparian land may not be given in exchange unless 
 82.21  expressly authorized by the legislature or unless through the 
 82.22  same exchange the state acquires land on the same or other 
 82.23  public waters in the same general vicinity affording at least 
 82.24  equal opportunity for access to the waters and other riparian 
 82.25  use by the public; provided, that any exchange with the United 
 82.26  States or any agency thereof may be made free from this 
 82.27  limitation upon condition that the state land given in exchange 
 82.28  bordering on public waters shall be subject to reservations by 
 82.29  the state for public travel along the shores as provided by 
 82.30  section 92.45, unless waived as provided in this subdivision, 
 82.31  and that there shall be reserved by the state such additional 
 82.32  rights of public use upon suitable portions of such state land 
 82.33  as the commissioner of natural resources, with the approval of 
 82.34  the Land Exchange Board, may deem necessary or desirable for 
 82.35  camping, hunting, fishing, access to the water, and other public 
 82.36  uses.  In regard to Class B or ~~Class C~~ riparian land that is 
 83.1   contained within that portion of the Superior National Forest 
 83.2   that is designated as the Boundary Waters Canoe Area Wilderness, 
 83.3   the condition that state land given in exchange bordering on 
 83.4   public waters must be subject to the public travel reservations 
 83.5   provided in section 92.45, may be waived by the Land Exchange 
 83.6   Board upon the recommendation of the commissioner of natural 
 83.7   resources and, if the land is Class B land, the additional 
 83.8   recommendation of the county board in which the land is located. 
 83.9      Sec. 80.  Minnesota Statutes 2004, section 94.342, 
 83.10  subdivision 4, is amended to read: 
 83.11     Subd. 4.  [ADDITIONAL RESTRICTIONS ON STATE PARK LAND.] 
 83.12  Land specifically designated by law as a state park may not be 
 83.13  given in exchange unless the land is school trust land that is 
 83.14  exchanged for Class A ~~or Class C~~ land located outside a state 
 83.15  park. 
 83.16     Sec. 81.  Minnesota Statutes 2004, section 94.342, 
 83.17  subdivision 5, is amended to read: 
 83.18     Subd. 5.  [ADDITIONAL RESTRICTIONS ON SCHOOL TRUST LAND.] 
 83.19  School trust land may be exchanged with other ~~state~~ Class A land 
 83.20  only if the Permanent School Fund Advisory Committee is 
 83.21  appointed as temporary trustee of the school trust land for 
 83.22  purposes of the exchange.  The committee shall provide 
 83.23  independent legal counsel to review the exchanges. 
 83.24     Sec. 82.  Minnesota Statutes 2004, section 94.343, 
 83.25  subdivision 1, is amended to read: 
 83.26     Subdivision 1.  [GENERAL EXCHANGE PROVISIONS.] ~~Except as~~ 
 83.27  ~~otherwise herein provided,~~ (a) Any Class A land may, with the 
 83.28  unanimous approval of the board, be exchanged for any publicly 
 83.29  held or privately owned land in the manner and subject to the 
 83.30  conditions herein prescribed.  Class A land may be exchanged 
 83.31  only if it meets the requirements of subdivision 3 or 5. 
 83.32     (b) The commissioner, with the approval of the board, shall 
 83.33  formulate general programs of exchange of Class A land designed 
 83.34  to serve the best interests of the state in the acquisition, 
 83.35  development, and use of lands for purposes within the province 
 83.36  of the Department of Natural Resources. 
 84.1      Sec. 83.  Minnesota Statutes 2004, section 94.343, is 
 84.2   amended by adding a subdivision to read: 
 84.3      Subd. 2a.  [VALUATION OF LAND.] The commissioner shall 
 84.4   cause the state land and the land proposed to be exchanged 
 84.5   therefor to be examined and value determined as provided in 
 84.6   section 84.0272; provided, that in exchanges with the United 
 84.7   States or any agency thereof the examination and value 
 84.8   determination may be made in such manner as the Land Exchange 
 84.9   Board may direct.  The determined values shall not be 
 84.10  conclusive, but shall be taken into consideration by the 
 84.11  commissioner and the board, together with such other matters as 
 84.12  they deem material, in determining the values for the purposes 
 84.13  of exchange. 
 84.14     Sec. 84.  Minnesota Statutes 2004, section 94.343, 
 84.15  subdivision 3, is amended to read: 
 84.16     Subd. 3.  [EXCHANGING LAND OF SUBSTANTIALLY EQUAL VALUE 
 84.17  ~~REQUIRED~~ OR LOWER VALUE.] (a) Except as otherwise ~~herein~~ 
 84.18  provided, Class A land shall be exchanged only for land of at 
 84.19  least substantially equal value to the state, as determined by 
 84.20  the commissioner, with the approval of the board.  ~~For the~~ 
 84.21  ~~purposes of such determination, the commissioner shall cause the~~ 
 84.22  ~~state land and the land proposed to be exchanged therefor to be~~ 
 84.23  ~~examined and appraised by qualified state appraisers as provided~~ 
 84.24  ~~in section 84.0272; provided, that in exchanges with the United~~ 
 84.25  ~~States or any agency thereof the examination and appraisal may~~ 
 84.26  ~~be made in such manner as the Land Exchange Board may direct.~~  
 84.27  ~~The appraisers shall determine the fair market value of the~~ 
 84.28  ~~lands involved, disregarding any minimum value fixed for state~~ 
 84.29  ~~land by the state Constitution or by law, and shall make a~~ 
 84.30  ~~report thereof, together with such other pertinent information~~ 
 84.31  ~~respecting the use and value of the lands to the state as they~~ 
 84.32  ~~deem pertinent or as the commissioner or the board may require.~~  
 84.33  ~~Such reports shall be filed and preserved in the same manner as~~ 
 84.34  ~~other reports of appraisal of state lands.  The appraised values~~ 
 84.35  ~~shall not be conclusive, but shall be taken into consideration~~ 
 84.36  ~~by the commissioner and the board, together with such other~~ 
 85.1   ~~matters as they deem material, in determining the values for the~~ 
 85.2   ~~purposes of exchange.~~ 
 85.3      (b) For the purposes of this subdivision, "substantially 
 85.4   equal value" means: 
 85.5      (1) where the lands being exchanged are both over 100 
 85.6   acres, their values do not differ by more than ten percent; and 
 85.7      (2) in other cases, the values of the exchanged lands do 
 85.8   not differ by more than 20 percent. 
 85.9      (c) Other than school trust land, Class A land may be 
 85.10  exchanged for land of lesser value if the other party to the 
 85.11  exchange pays to the state the amount of the difference in value.
 85.12  Money received by the commissioner in such cases shall be 
 85.13  credited to the same fund as in the case of sale of the land, if 
 85.14  such a fund exists, otherwise to the special fund, if any, from 
 85.15  which the cost of the land was paid, otherwise to the general 
 85.16  fund. 
 85.17     Sec. 85.  Minnesota Statutes 2004, section 94.343, 
 85.18  subdivision 7, is amended to read: 
 85.19     Subd. 7.  [PUBLIC HEARING.] Before giving final approval to 
 85.20  any exchange of Class A land, the ~~board~~ commissioner shall hold 
 85.21  a public hearing thereon at the capital city or at some place 
 85.22  which it may designate in the general area where the lands 
 85.23  involved are situated~~; provided, that the board may direct such~~ 
 85.24  ~~hearing to be held in its behalf by any of its members or by the~~ 
 85.25  ~~commissioner or by a referee appointed by the board~~.  The 
 85.26  commissioner shall furnish to the auditor of each county 
 85.27  affected a notice of the hearing signed by the ~~state auditor as~~ 
 85.28  ~~secretary of the board~~ commissioner, together with a list of all 
 85.29  the lands proposed to be exchanged and situated in the county, 
 85.30  and the county auditor shall post the same in the auditor's 
 85.31  office at least two weeks before the hearing.  The ~~county~~ 
 85.32  ~~auditor~~ commissioner shall ~~also~~ cause a copy of the notice, 
 85.33  referring to the list of lands posted, to be published at least 
 85.34  two weeks before the hearing in a legal newspaper published in 
 85.35  the county.  The cost of publication of the notice shall be paid 
 85.36  by the ~~state out of any moneys appropriated for the expenses of~~ 
 86.1   ~~the board~~ commissioner. 
 86.2      Sec. 86.  Minnesota Statutes 2004, section 94.343, 
 86.3   subdivision 8, is amended to read: 
 86.4      Subd. 8.  [PROPOSALS FOR EXCHANGE.] The commissioner, with 
 86.5   the approval of the board, may submit a proposal for exchange of 
 86.6   Class A land to any land owner concerned.  Any land owner may 
 86.7   submit to the commissioner and the board a proposal for exchange 
 86.8   in such form as the commissioner~~, with the approval of the~~ 
 86.9   ~~board,~~ may prescribe. 
 86.10     Sec. 87.  Minnesota Statutes 2004, section 94.343, is 
 86.11  amended by adding a subdivision to read: 
 86.12     Subd. 8a.  [FEES.] (a) When a private landowner or 
 86.13  governmental unit, except the state, presents to the 
 86.14  commissioner an offer to exchange privately or publicly held 
 86.15  land for Class A land, the private landowner or governmental 
 86.16  unit shall pay to the commissioner a determination of value fee 
 86.17  and survey fee of not less than one-half of the cost of the 
 86.18  determination of value and survey fees as determined by the 
 86.19  commissioner. 
 86.20     (b) Except as provided in paragraph (c), any payment made 
 86.21  under paragraph (a) shall be credited to the account from which 
 86.22  the expenses are paid and is appropriated for expenditure in the 
 86.23  same manner as other money in the account. 
 86.24     (c) The fees shall be refunded if the land exchange offer 
 86.25  is withdrawn by a private landowner or governmental unit before 
 86.26  the money is obligated to be spent. 
 86.27     Sec. 88.  Minnesota Statutes 2004, section 94.343, 
 86.28  subdivision 10, is amended to read: 
 86.29     Subd. 10.  [CONVEYANCE.] Conveyance of Class A land given 
 86.30  in exchange shall be made by deed executed by the commissioner 
 86.31  in the name of the state~~, with a certificate of unanimous~~ 
 86.32  ~~approval by the board appended~~.  All such deeds received by the 
 86.33  state shall be recorded or registered in the county in which the 
 86.34  lands lie~~, and all recorded deeds and certificates of registered~~ 
 86.35  ~~title shall be filed in the office having custody of the state~~ 
 86.36  ~~public land records in the Department of Natural Resources~~.  
 87.1      Sec. 89.  Minnesota Statutes 2004, section 94.344, 
 87.2   subdivision 1, is amended to read: 
 87.3      Subdivision 1.  [GENERAL EXCHANGE PROVISIONS.] ~~Except as~~ 
 87.4   ~~otherwise provided,~~ Class B land, by resolution of the county 
 87.5   board of the county where the land is located and with the 
 87.6   unanimous approval of the Land Exchange Board, may be exchanged 
 87.7   for any publicly held or privately owned land in the same 
 87.8   county.  Class B land may be exchanged only if it meets the 
 87.9   requirements of subdivision 3 or 5. 
 87.10     Sec. 90.  Minnesota Statutes 2004, section 94.344, is 
 87.11  amended by adding a subdivision to read: 
 87.12     Subd. 2a.  [VALUATION OF LANDS.] For an exchange involving 
 87.13  Class B land for Class A land, the value of the lands shall be 
 87.14  determined by the commissioner, with approval of the Land 
 87.15  Exchange Board.  For purposes of the determination, the 
 87.16  commissioner shall determine the value of the state and 
 87.17  tax-forfeited land proposed to be exchanged in the same manner 
 87.18  as Class A land.  For all other purposes, the county board shall 
 87.19  appraise the state land and the land in the proposed exchange in 
 87.20  the same manner as tax-forfeited land to be offered for sale.  
 87.21  The determined values shall not be conclusive, but shall be 
 87.22  taken into consideration, together with such other matters as 
 87.23  may be deemed material, in determining the values for the 
 87.24  purposes of exchange. 
 87.25     Sec. 91.  Minnesota Statutes 2004, section 94.344, 
 87.26  subdivision 3, is amended to read: 
 87.27     Subd. 3.  [EXCHANGING LAND OF SUBSTANTIALLY EQUAL VALUE 
 87.28  ~~REQUIRED~~ OR LOWER VALUE.] (a) Except as otherwise provided, 
 87.29  Class B land may be exchanged only for land of substantially 
 87.30  equal value ~~or greater value~~ to the state, as determined by the 
 87.31  county board, with the approval of the commissioner and the Land 
 87.32  Exchange Board.  ~~For an exchange involving Class B land for~~ 
 87.33  ~~Class A or Class C land, the value of the lands shall be~~ 
 87.34  ~~determined by the commissioner, with approval of the Land~~ 
 87.35  ~~Exchange Board.  For purposes of the determination, the~~ 
 87.36  ~~commissioner shall appraise the state and tax-forfeited land~~ 
 88.1   ~~proposed to be exchanged in the same manner as Class A land.~~  
 88.2   ~~For all other purposes, the county board shall appraise the~~ 
 88.3   ~~state land and the land in the proposed exchange in the same~~ 
 88.4   ~~manner as tax-forfeited land to be offered for sale.  The~~ 
 88.5   ~~appraised values shall not be conclusive, but shall be taken~~ 
 88.6   ~~into consideration, together with such other matters as may be~~ 
 88.7   ~~deemed material, in determining the values for the purposes of~~ 
 88.8   ~~exchange.~~ 
 88.9      (b) For the purposes of this subdivision, "substantially 
 88.10  equal value" means:  
 88.11     (1) where the lands being exchanged are both over 100 
 88.12  acres, their values do not differ by more than ten percent; and 
 88.13     (2) in other cases, the values of the exchanged lands do 
 88.14  not differ by more than 20 percent.  
 88.15     (c) Class B land may be exchanged for land of lesser value 
 88.16  if the other party to the exchange pays to the state the amount 
 88.17  of the difference in value.  Money received by the county 
 88.18  treasurer shall be disposed of in like manner as the proceeds of 
 88.19  a sale of tax-forfeited land. 
 88.20     Sec. 92.  Minnesota Statutes 2004, section 94.344, 
 88.21  subdivision 5, is amended to read: 
 88.22     Subd. 5.  [~~OBTAINING~~ EXCHANGING LAND OF GREATER VALUE.] (a) 
 88.23  Class B land may be exchanged for land of greater value ~~only in~~ 
 88.24  ~~case~~ if the other party to the exchange ~~shall waive~~ waives 
 88.25  payment for the difference.  
 88.26     (b) Except for Class A school trust land, Class B land may 
 88.27  be exchanged for Class A land of greater value if the county 
 88.28  pays to the state the difference in value. 
 88.29     (c) Class B land may be exchanged for United States-owned 
 88.30  land of greater value if the county agrees to pay the difference 
 88.31  in value. 
 88.32     Sec. 93.  Minnesota Statutes 2004, section 94.344, 
 88.33  subdivision 8, is amended to read: 
 88.34     Subd. 8.  [PROPOSALS FOR EXCHANGE.] By direction of the 
 88.35  county board, the county auditor may submit a proposal for 
 88.36  exchange of Class B land to any land owner concerned.  Any land 
 89.1   owner may file with the county auditor a proposal for exchange 
 89.2   for consideration by the county board.  ~~Forms for such proposals~~ 
 89.3   ~~shall be prescribed by the commissioner.~~  
 89.4      Sec. 94.  Minnesota Statutes 2004, section 94.344, 
 89.5   subdivision 10, is amended to read: 
 89.6      Subd. 10.  [APPROVAL; CONVEYANCE.] After approval by the 
 89.7   county board, every proposal for the exchange of Class B land 
 89.8   shall be transmitted to the commissioner in such form and with 
 89.9   such information as the commissioner may prescribe for 
 89.10  consideration by the commissioner and by the board.  The county 
 89.11  attorney's opinion on the title, with the abstract and other 
 89.12  evidence of title, if any, shall accompany the proposal.  If the 
 89.13  proposal ~~be~~ is approved by the commissioner and the board and 
 89.14  the title ~~be~~ is approved by the attorney general, the same shall 
 89.15  be certified to the commissioner of revenue, who shall execute a 
 89.16  deed in the name of the state conveying the land given in 
 89.17  exchange~~, with a certificate of unanimous approval by the board~~ 
 89.18  ~~appended,~~ and transmit the deed to the county auditor to be 
 89.19  delivered upon receipt of a deed conveying to the state the land 
 89.20  received in exchange, approved by the county attorney; provided, 
 89.21  that if any amount is due the state under the terms of the 
 89.22  exchange, the deed from the state shall not be executed or 
 89.23  delivered until such amount is paid in full and a certificate 
 89.24  thereof by the county auditor is filed with the commissioner of 
 89.25  revenue.  The county auditor shall cause all deeds received by 
 89.26  the state in such exchanges to be recorded or registered~~, and~~ 
 89.27  ~~thereafter shall file the deeds or the certificates of~~ 
 89.28  ~~registered title in the auditor's office~~.  If the land received 
 89.29  by the county in the exchange is ~~either~~ Class A ~~or Class C~~ land, 
 89.30  the commissioner of revenue shall deliver the deed for the Class 
 89.31  B land to the commissioner of natural resources and following 
 89.32  the recording of this deed, the commissioner of natural 
 89.33  resources shall deliver to the county auditor a deed conveying 
 89.34  the Class A ~~or Class C~~ land to the county auditor to be recorded 
 89.35  or registered~~, and afterwards file the deeds or the certificate~~ 
 89.36  ~~of registered title in the auditor's office~~.  
 90.1      Sec. 95.  Minnesota Statutes 2004, section 97A.055, 
 90.2   subdivision 4b, is amended to read: 
 90.3      Subd. 4b.  [CITIZEN OVERSIGHT SUBCOMMITTEES.] (a) The 
 90.4   commissioner shall appoint subcommittees of affected persons to 
 90.5   review the reports prepared under subdivision 4; review the 
 90.6   proposed work plans and budgets for the coming year; propose 
 90.7   changes in policies, activities, and revenue enhancements or 
 90.8   reductions; review other relevant information; and make 
 90.9   recommendations to the legislature and the commissioner for 
 90.10  improvements in the management and use of money in the game and 
 90.11  fish fund. 
 90.12     (b) The commissioner shall appoint the following 
 90.13  subcommittees, each comprised of at least three affected persons:
 90.14     (1) a Fisheries Operations Subcommittee to review fisheries 
 90.15  funding, excluding activities related to trout and salmon stamp 
 90.16  funding; 
 90.17     (2) a Wildlife Operations Subcommittee to review wildlife 
 90.18  funding, excluding activities related to migratory waterfowl, 
 90.19  pheasant, and turkey stamp funding and excluding review of the 
 90.20  amounts available under section 97A.075, subdivision 1, 
 90.21  paragraphs (b) and (c); 
 90.22     (3) a Big Game Subcommittee to review the report required 
 90.23  in subdivision 4, paragraph (a), clause (2); 
 90.24     (4) an Ecological Services Operations Subcommittee to 
 90.25  review ecological services funding; 
 90.26     (5) a subcommittee to review game and fish fund funding of 
 90.27  enforcement, support services, and Department of Natural 
 90.28  Resources administration; 
 90.29     (6) a subcommittee to review the trout and salmon stamp 
 90.30  report and address funding issues related to trout and salmon; 
 90.31     (7) a subcommittee to review the report on the migratory 
 90.32  waterfowl stamp and address funding issues related to migratory 
 90.33  waterfowl; 
 90.34     (8) a subcommittee to review the report on the pheasant 
 90.35  stamp and address funding issues related to pheasants; and 
 90.36     (9) a subcommittee to review the report on the turkey stamp 
 91.1   and address funding issues related to wild turkeys. 
 91.2      (c) The chairs of each of the subcommittees shall form a 
 91.3   Budgetary Oversight Committee to coordinate the integration of 
 91.4   the subcommittee reports into an annual report to the 
 91.5   legislature; recommend changes on a broad level in policies, 
 91.6   activities, and revenue enhancements or reductions; provide a 
 91.7   forum to address issues that transcend the subcommittees; and 
 91.8   submit a report for any subcommittee that fails to submit its 
 91.9   report in a timely manner. 
 91.10     (d) The Budgetary Oversight Committee shall develop 
 91.11  recommendations for a biennial budget plan and report for 
 91.12  expenditures on game and fish activities.  By August 15 of each 
 91.13  even-numbered year, the committee shall submit the budget plan 
 91.14  recommendations to the commissioner and to the senate and house 
 91.15  committees with jurisdiction over natural resources finance. 
 91.16     (e) Each subcommittee shall choose its own chair, except 
 91.17  that the chair of the Budgetary Oversight Committee shall be 
 91.18  appointed by the commissioner and may not be the chair of any of 
 91.19  the subcommittees. 
 91.20     (f) The Budgetary Oversight Committee must make 
 91.21  recommendations to the commissioner and to the senate and house 
 91.22  committees with jurisdiction over natural resources finance for 
 91.23  outcome goals from expenditures. 
 91.24     (g) Notwithstanding section 15.059, subdivision 5, or other 
 91.25  law to the contrary, the Budgetary Oversight Committee and 
 91.26  subcommittees do not expire until June 30, ~~2005~~ 2010. 
 91.27     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 91.28  following final enactment. 
 91.29     Sec. 96.  Minnesota Statutes 2004, section 97A.061, is 
 91.30  amended by adding a subdivision to read: 
 91.31     Subd. 6.  [ANNUAL APPROPRIATION FOR FISCAL YEAR 2007 AND 
 91.32  EACH YEAR THEREAFTER.] Notwithstanding subdivision 1, paragraph 
 91.33  (c), for the payment made in fiscal year 2007 and each year 
 91.34  thereafter, the appraised value of the land acquired prior to 
 91.35  July 1, 2004, shall be the value used for the payment made in 
 91.36  fiscal year 2006. 
 92.1      Sec. 97.  Minnesota Statutes 2004, section 97A.071, 
 92.2   subdivision 2, is amended to read: 
 92.3      Subd. 2.  [REVENUE FROM SMALL GAME LICENSE SURCHARGE AND 
 92.4   LIFETIME LICENSES.] Revenue from the small game surcharge and 
 92.5   $6.50 annually from the lifetime fish and wildlife trust fund, 
 92.6   established in section 97A.4742, for each license issued under 
 92.7   sections 97A.473, subdivisions 3 and 5, and 97A.474, subdivision 
 92.8   3, shall be credited to the wildlife acquisition account and the 
 92.9   money in the account ~~shall be used by~~ is annually appropriated 
 92.10  to the commissioner only for the purposes of this section, and 
 92.11  acquisition and development of wildlife lands under section 
 92.12  97A.145 and maintenance of the lands~~, in accordance with~~ 
 92.13  ~~appropriations made by the legislature~~. 
 92.14     Sec. 98.  Minnesota Statutes 2004, section 97A.075, 
 92.15  subdivision 3, is amended to read: 
 92.16     Subd. 3.  [TROUT AND SALMON STAMP.] (a) Ninety percent of 
 92.17  the revenue from trout and salmon stamps must be credited to the 
 92.18  trout and salmon management account.  Money in the account may 
 92.19  be used only for: 
 92.20     (1) the development, restoration, maintenance, improvement, 
 92.21  protection, and preservation of habitat for trout and salmon in 
 92.22  trout streams and lakes, including, but not limited to, 
 92.23  evaluating habitat; stabilizing eroding stream banks; adding 
 92.24  fish cover; modifying stream channels; managing vegetation to 
 92.25  protect, shade, or reduce runoff on stream banks; and purchasing 
 92.26  equipment to accomplish these tasks; 
 92.27     (2) rearing ~~of~~ trout and salmon ~~and~~, including utility and 
 92.28  service costs associated with coldwater hatchery buildings and 
 92.29  systems; stocking ~~of~~ trout and salmon in streams and lakes and 
 92.30  Lake Superior; and monitoring and evaluating stocked trout and 
 92.31  salmon; 
 92.32     (3) acquisition of easements and fee title along trout 
 92.33  waters; 
 92.34     (4) identifying easement and fee title areas along trout 
 92.35  waters; and 
 92.36     (5) research and special management projects on trout 
 93.1   streams, trout lakes, and Lake Superior and ~~the anadromous~~ 
 93.2   portions of its tributaries.  
 93.3      (b) Money in the account may not be used for costs unless 
 93.4   they are directly related to a specific parcel of land or body 
 93.5   of water under paragraph (a) ~~or~~, to specific fish rearing 
 93.6   activities under paragraph (a), clause (2), or for costs 
 93.7   associated with supplies and equipment to implement trout and 
 93.8   salmon management activities under paragraph (a). 
 93.9      Sec. 99.  Minnesota Statutes 2004, section 97A.135, 
 93.10  subdivision 2a, is amended to read: 
 93.11     Subd. 2a.  [DISPOSAL OF LAND IN WILDLIFE MANAGEMENT AREAS.] 
 93.12  (a) The commissioner may sell or exchange land in a wildlife 
 93.13  management area authorized by designation under section 86A.07, 
 93.14  subdivision 3, 97A.133, or 97A.145 if the commissioner vacates 
 93.15  the designation before the sale or exchange in accordance with 
 93.16  this subdivision.  The designation may be vacated only if the 
 93.17  commissioner finds, after a public hearing, that the disposal of 
 93.18  the land is in the public interest. 
 93.19     (b) A sale under this subdivision is subject to sections 
 93.20  94.09 to 94.16.  An exchange under this subdivision is subject 
 93.21  to sections 94.341 to ~~94.348~~ 94.347. 
 93.22     (c) Revenue received from a sale authorized under paragraph 
 93.23  (a) is appropriated to the commissioner for acquisition of 
 93.24  replacement wildlife management lands. 
 93.25     (d) Land acquired by the commissioner under this 
 93.26  subdivision must meet the criteria in section 86A.05, 
 93.27  subdivision 8, and as soon as possible after the acquisition 
 93.28  must be designated as a wildlife management area under section 
 93.29  86A.07, subdivision 3, 97A.133, or 97A.145. 
 93.30     (e) In acquiring land under this subdivision, the 
 93.31  commissioner must give priority to land within the same 
 93.32  geographic region of the state as the land conveyed. 
 93.33     Sec. 100.  Minnesota Statutes 2004, section 97A.4742, 
 93.34  subdivision 4, is amended to read: 
 93.35     Subd. 4.  [ANNUAL REPORT.] By December 15 each year, the 
 93.36  commissioner shall submit a report to the legislative committees 
 94.1   having jurisdiction over environment and natural resources 
 94.2   appropriations and environment and natural resources policy.  
 94.3   The report shall state the amount of revenue received in and 
 94.4   expenditures made from revenue transferred from the lifetime 
 94.5   fish and wildlife trust fund to the game and fish fund ~~and shall~~ 
 94.6   ~~describe projects funded, locations of the projects, and results~~ 
 94.7   ~~and benefits from the projects~~.  The report may be included in 
 94.8   the game and fish fund report required by section 97A.055, 
 94.9   subdivision 4.  The commissioner shall make the annual report 
 94.10  available to the public. 
 94.11     Sec. 101.  Minnesota Statutes 2004, section 97A.485, 
 94.12  subdivision 6, is amended to read: 
 94.13     Subd. 6.  [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 
 94.14  Persons authorized to sell licenses under this section must 
 94.15  issue the following licenses for the license fee and the 
 94.16  following issuing fees:  
 94.17     (1) to take deer or bear with firearms and by archery, the 
 94.18  issuing fee is $1; 
 94.19     (2) Minnesota sporting, the issuing fee is $1; and 
 94.20     (3) to take small game, to take fish by angling or by 
 94.21  spearing, and to trap fur-bearing animals, the issuing fee is 
 94.22  $1; 
 94.23     (4) for a ~~trout and salmon~~ stamp that is not issued 
 94.24  simultaneously with ~~an angling or sporting~~ a license, an issuing 
 94.25  fee of 50 cents may be charged at the discretion of the 
 94.26  authorized seller; 
 94.27     (5) for stamps ~~other than a trout and salmon stamp, and for~~ 
 94.28  ~~a special season Canada goose license~~ issued simultaneously with 
 94.29  a license, there is no fee; ~~and~~ 
 94.30     (6) for licenses, seals, tags, or coupons issued without a 
 94.31  fee under section 97A.441 or 97A.465, ~~there is no~~ an issuing fee 
 94.32  of 50 cents may be charged at the discretion of the authorized 
 94.33  seller; 
 94.34     (7) for lifetime licenses, there is no fee; and 
 94.35     (8) for all other licenses, permits, renewals, or 
 94.36  applications or any other transaction through the electronic 
 95.1   licensing system under this chapter or any other chapter when an 
 95.2   issuing fee is not specified, an issuing fee of 50 cents may be 
 95.3   charged at the discretion of the authorized seller. 
 95.4      (b) An issuing fee may not be collected for issuance of a 
 95.5   trout and salmon stamp if a stamp validation is issued 
 95.6   simultaneously with the related angling or sporting license.  
 95.7   Only one issuing fee may be collected when selling more than one 
 95.8   trout and salmon stamp in the same transaction after the end of 
 95.9   the season for which the stamp was issued. 
 95.10     (c) The agent shall keep the issuing fee as a commission 
 95.11  for selling the licenses.  
 95.12     (d) The commissioner shall collect the issuing fee on 
 95.13  licenses sold by the commissioner. 
 95.14     (e) A license, except stamps, must state the amount of the 
 95.15  issuing fee and that the issuing fee is kept by the seller as a 
 95.16  commission for selling the licenses. 
 95.17     (f) For duplicate licenses, including licenses issued 
 95.18  without a fee, the issuing fees are: 
 95.19     (1) for licenses to take big game, 75 cents; and 
 95.20     (2) for other licenses, 50 cents. 
 95.21     (g) The commissioner may issue one-day angling licenses in 
 95.22  books of ten licenses each to fishing guides operating charter 
 95.23  boats upon receipt of payment of all license fees, excluding the 
 95.24  issuing fee required under this section.  Copies of sold and 
 95.25  unsold licenses shall be returned to the commissioner.  The 
 95.26  commissioner shall refund the charter boat captain for the 
 95.27  license fees of all unsold licenses.  Copies of sold licenses 
 95.28  shall be maintained by the commissioner for one year. 
 95.29     Sec. 102.  Minnesota Statutes 2004, section 97A.485, 
 95.30  subdivision 7, is amended to read: 
 95.31     Subd. 7.  [ELECTRONIC LICENSING SYSTEM COMMISSION.] The 
 95.32  commissioner shall retain for the operation of the electronic 
 95.33  licensing system ~~a commission of 4.7 percent of~~ the commission 
 95.34  established under section 84.027, subdivision 15, and issuing 
 95.35  fees collected by the commissioner on all license fees 
 95.36  collected, excluding: 
 96.1      (1) the small game surcharge; and 
 96.2      (2) ~~all issuing fees; and~~ 
 96.3      ~~(3)~~ $2.50 of the license fee for the licenses in section 
 96.4   97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12, 
 96.5   and 13. 
 96.6      <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 96.7      Sec. 103.  Minnesota Statutes 2004, section 97A.551, is 
 96.8   amended by adding a subdivision to read: 
 96.9      Subd. 6.  [TAGGING AND REGISTRATION.] The commissioner may, 
 96.10  by rule, require persons taking, possessing, and transporting 
 96.11  certain species of fish to tag the fish with a special fish 
 96.12  management tag and may require registration of tagged fish.  A 
 96.13  person may not possess or transport a fish species taken in the 
 96.14  state for which a special fish management tag is required unless 
 96.15  a tag is attached to the fish in a manner prescribed by the 
 96.16  commissioner.  The commissioner shall prescribe the manner of 
 96.17  issuance and the type of tag as authorized under section 
 96.18  97C.087.  The tag must be attached to the fish as prescribed by 
 96.19  the commissioner immediately upon reducing the fish in 
 96.20  possession and must remain attached to the fish until the fish 
 96.21  is processed or consumed.  Species for which a special fish 
 96.22  management tag is required must be transported undressed. 
 96.23     Sec. 104.  Minnesota Statutes 2004, section 97B.015, 
 96.24  subdivision 1, is amended to read: 
 96.25     Subdivision 1.  [ESTABLISHMENT.] The commissioner shall 
 96.26  ~~make rules establishing~~ establish a statewide course in the safe 
 96.27  use of firearms and identification of wild mammals and 
 96.28  birds.  ~~At least one course must be held within the boundary of~~ 
 96.29  ~~each school district.~~  The courses must be conducted by the 
 96.30  commissioner in cooperation with other organizations.  The 
 96.31  courses must instruct youths in commonly accepted principles of 
 96.32  safety in hunting and handling common hunting firearms and 
 96.33  identification of various species of wild mammals and birds by 
 96.34  sight and other unique characteristics. 
 96.35     Sec. 105.  Minnesota Statutes 2004, section 97B.015, 
 96.36  subdivision 2, is amended to read: 
 97.1      Subd. 2.  [ADMINISTRATION, SUPERVISION, AND ENFORCEMENT.] 
 97.2   (a) The commissioner shall appoint a qualified person from the 
 97.3   Enforcement Division under civil service rules as supervisor of 
 97.4   hunting safety and prescribe the duties and responsibilities of 
 97.5   the position.  The commissioner shall determine and provide the 
 97.6   Enforcement Division with the necessary personnel for this 
 97.7   section.  
 97.8      (b) ~~The commissioner may appoint one or more county~~ 
 97.9   ~~directors of hunting safety in each county.  An appointed county~~ 
 97.10  ~~director is responsible to the Enforcement Division.~~  The 
 97.11  Enforcement Division may appoint instructors necessary for this 
 97.12  section.  ~~County directors and~~ Instructors shall serve on a 
 97.13  voluntary basis without compensation.  The Enforcement Division 
 97.14  must supply the materials necessary for the course.  School 
 97.15  districts may cooperate with the commissioner and volunteer 
 97.16  instructors to provide space for the classroom portion of the 
 97.17  training.  
 97.18     Sec. 106.  Minnesota Statutes 2004, section 97B.015, 
 97.19  subdivision 5, is amended to read: 
 97.20     Subd. 5.  [FIREARMS SAFETY CERTIFICATE.] The commissioner 
 97.21  shall issue a firearms safety certificate to a person that 
 97.22  satisfactorily completes the required course of instruction.  A 
 97.23  person must be at least age 11 to take the firearms safety 
 97.24  course and may receive a firearms safety certificate, but the 
 97.25  certificate is not valid for hunting until the person ~~is at~~ 
 97.26  ~~least~~ reaches age 12.  A person who is age 11 and has a firearms 
 97.27  safety certificate may purchase a deer, bear, turkey, or prairie 
 97.28  chicken license that will become valid when the person reaches 
 97.29  age 12.  A firearms safety certificate issued to a person under 
 97.30  age 12 by another state as provided in section 97B.020 is not 
 97.31  valid for hunting in Minnesota until the person reaches age 12.  
 97.32  The form and content of the firearms safety certificate shall be 
 97.33  prescribed by the commissioner.  
 97.34     Sec. 107.  Minnesota Statutes 2004, section 97B.015, 
 97.35  subdivision 7, is amended to read: 
 97.36     Subd. 7.  [FEE FOR DUPLICATE CERTIFICATE.] The commissioner 
 98.1   shall collect a fee, to include a $1 issuing fee for licensing 
 98.2   agents, for issuing a duplicate firearms safety certificate.  
 98.3   The commissioner shall establish a fee that neither 
 98.4   significantly overrecovers nor underrecovers costs, including 
 98.5   overhead costs, involved in providing the service.  The fee is 
 98.6   not subject to the rulemaking provisions of chapter 14 and 
 98.7   section 14.386 does not apply.  The commissioner may establish 
 98.8   the fee notwithstanding section 16A.1283.  The duplicate 
 98.9   certificate fees, except for the issuing fee for licensing 
 98.10  agents under this subdivision, shall be deposited in the game 
 98.11  and fish fund and, except for the electronic licensing system 
 98.12  commission established by the commissioner under section 84.027, 
 98.13  subdivision 15, and issuing fees collected by the commissioner, 
 98.14  are appropriated annually to the Enforcement Division of the 
 98.15  Department of Natural Resources for the administration of the 
 98.16  firearm safety course program.  
 98.17     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 98.18     Sec. 108.  Minnesota Statutes 2004, section 97B.020, is 
 98.19  amended to read: 
 98.20     97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 
 98.21     (a) Except as provided in this section and section 97A.451, 
 98.22  subdivision 3a, a person born after December 31, 1979, may not 
 98.23  obtain an annual license to take wild animals by firearms unless 
 98.24  the person has:  
 98.25     (1) a firearms safety certificate or equivalent 
 98.26  certificate~~,~~; 
 98.27     (2) a driver's license or identification card with a valid 
 98.28  firearms safety qualification indicator issued under section 
 98.29  171.07, subdivision 13~~,~~; 
 98.30     (3) a previous hunting license~~,~~ with a valid firearms 
 98.31  safety qualification indicator; or 
 98.32     (4) other evidence indicating that the person has completed 
 98.33  in this state or in another state a hunter safety course 
 98.34  recognized by the department under a reciprocity agreement or 
 98.35  certified by the department as substantially similar.  
 98.36     (b) A person who is on active duty and has successfully 
 99.1   completed basic training in the United States armed forces, 
 99.2   reserve component, or National Guard may obtain a hunting 
 99.3   license or approval authorizing hunting regardless of whether 
 99.4   the person is issued a firearms safety certificate. 
 99.5      ~~(b)~~ (c) A person born after December 31, 1979, may not use 
 99.6   a lifetime license to take wild animals by firearms, unless the 
 99.7   person meets the requirements for obtaining an annual license 
 99.8   under paragraph (a) or (b). 
 99.9      Sec. 109.  Minnesota Statutes 2004, section 97B.025, is 
 99.10  amended to read: 
 99.11     97B.025 [HUNTER AND TRAPPER EDUCATION.] 
 99.12     (a) The commissioner may establish education courses for 
 99.13  hunters and trappers.  The commissioner shall collect a fee from 
 99.14  each person attending a course.  A fee, to include a $1 issuing 
 99.15  fee for licensing agents, shall be collected for issuing a 
 99.16  duplicate certificate.  The commissioner shall establish the 
 99.17  fees in a manner that neither significantly overrecovers nor 
 99.18  underrecovers costs, including overhead costs, involved in 
 99.19  providing the services.  The fees are not subject to the 
 99.20  rulemaking provisions of chapter 14 and section 14.386 does not 
 99.21  apply.  The commissioner may establish the fees notwithstanding 
 99.22  section 16A.1283.  The fees, except for the issuing fee for 
 99.23  licensing agents under this subdivision, shall be deposited in 
 99.24  the game and fish fund and the amount thereof, except for the 
 99.25  electronic licensing system commission established by the 
 99.26  commissioner under section 84.027, subdivision 15, is 
 99.27  appropriated annually to the Enforcement Division of the 
 99.28  Department of Natural Resources for the administration of the 
 99.29  program.  In addition to the fee established by the commissioner 
 99.30  for each course, instructors may charge each person up to the 
 99.31  established fee amount for class materials and expenses.  School 
 99.32  districts may cooperate with the commissioner and volunteer 
 99.33  instructors to provide space for the classroom portion of the 
 99.34  training. 
 99.35     (b) The commissioner shall enter into an agreement with a 
 99.36  statewide nonprofit trappers association to conduct a trapper 
100.1   education program.  At a minimum, the program must include at 
100.2   least six hours of classroom and in the field training.  The 
100.3   program must include a review of state trapping laws and 
100.4   regulations, trapping ethics, the setting and tending of traps 
100.5   and snares, tagging and registration requirements, and the 
100.6   preparation of pelts.  The association shall be responsible for 
100.7   all costs of conducting the education program, and shall not 
100.8   charge any fee for attending the course. 
100.9      <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
100.10     Sec. 110.  Minnesota Statutes 2004, section 97C.085, is 
100.11  amended to read: 
100.12     97C.085 [PERMIT REQUIRED FOR TAGGING FISH.] 
100.13     A person may not tag or otherwise mark a live fish for 
100.14  identification without a permit from the commissioner, except 
100.15  for special fish management tags as authorized under section 
100.16  97A.551. 
100.17     Sec. 111.  [97C.087] [SPECIAL FISH MANAGEMENT TAGS.] 
100.18     Subdivision 1.  [TAGS TO BE ISSUED.] If the commissioner 
100.19  determines it is necessary to require that a species of fish be 
100.20  tagged with a special fish management tag, the commissioner 
100.21  shall prescribe, by rule, the species to be tagged, tagging 
100.22  procedures, and eligibility requirements. 
100.23     Subd. 2.  [APPLICATION FOR TAG.] Application for special 
100.24  fish management tags must be accompanied by a $5, nonrefundable 
100.25  application fee for each tag.  A person may not make more than 
100.26  one tag application each year.  If a person makes more than one 
100.27  application, the person is ineligible for a special fish 
100.28  management tag for that season after determination by the 
100.29  commissioner, without a hearing.  
100.30     Sec. 112.  Minnesota Statutes 2004, section 97C.327, is 
100.31  amended to read: 
100.32     97C.327 [MEASUREMENT OF FISH LENGTH.] 
100.33     For the purpose of determining compliance with size limits 
100.34  for fish in this chapter or in rules of the commissioner, the 
100.35  length of a fish must be measured from the tip of the nose or 
100.36  jaw, whichever is longer, to the farthest tip of the tail when 
101.1   fully extended. 
101.2      Sec. 113.  Minnesota Statutes 2004, section 97C.395, 
101.3   subdivision 1, is amended to read: 
101.4      Subdivision 1.  [DATES FOR CERTAIN SPECIES.] (a) The open 
101.5   seasons to take fish by angling are as follows: 
101.6      (1) for walleye, sauger, northern pike, muskellunge, 
101.7   largemouth bass, and smallmouth bass, the Saturday two weeks 
101.8   prior to the Saturday of Memorial Day weekend to the ~~third~~ last 
101.9   Sunday in February; 
101.10     (2) for lake trout, from January 1 to October 31; 
101.11     (3) for brown trout, brook trout, rainbow trout, and 
101.12  splake, between January 1 to October 31 as prescribed by the 
101.13  commissioner by rule except as provided in section 97C.415, 
101.14  subdivision 2; and 
101.15     (4) for salmon, as prescribed by the commissioner by rule. 
101.16     (b) The commissioner shall close the season in areas of the 
101.17  state where fish are spawning and closing the season will 
101.18  protect the resource. 
101.19     Sec. 114.  Minnesota Statutes 2004, section 103F.535, 
101.20  subdivision 1, is amended to read: 
101.21     Subdivision 1.  [RESERVATION OF MARGINAL LAND AND 
101.22  WETLANDS.] (a) Marginal land and wetlands are withdrawn from 
101.23  sale or exchange unless: 
101.24     (1) notice of the existence of the nonforested marginal 
101.25  land or wetlands, in a form prescribed by the Board of Water and 
101.26  Soil Resources, is provided to prospective purchasers; and 
101.27     (2) the deed contains a restrictive covenant, in a form 
101.28  prescribed by the Board of Water and Soil Resources, that 
101.29  precludes enrollment of the land in a state-funded program 
101.30  providing compensation for conservation of marginal land or 
101.31  wetlands. 
101.32     (b) This section does not apply to transfers of land by the 
101.33  Board of Water and Soil Resources to correct errors in legal 
101.34  descriptions under section 103F.515, subdivision 8, or to 
101.35  transfers by the commissioner of natural resources for:  
101.36     (1) land that is currently in nonagricultural commercial 
102.1   use if a restrictive covenant would interfere with the 
102.2   commercial use; 
102.3      (2) land in platted subdivisions; 
102.4      (3) conveyances of land to correct errors in legal 
102.5   descriptions under section 84.0273; 
102.6      (4) exchanges of nonagricultural land with the federal 
102.7   government, or exchanges of Class A, Class B, and ~~Class C~~ 
102.8   riparian nonagricultural land with local units of government 
102.9   under sections 94.342, 94.343, and 94.344~~, and 94.349~~; 
102.10     (5) land transferred to political subdivisions for public 
102.11  purposes under sections 84.027, subdivision 10, and 94.10; and 
102.12     (6) land not needed for trail purposes that is sold to 
102.13  adjacent property owners and lease holders under section 85.015, 
102.14  subdivision 1, paragraph (b).  
102.15     (c) This section does not apply to transfers of land by the 
102.16  commissioner of administration or transportation or by the 
102.17  Minnesota Housing Finance Agency, or to transfers of 
102.18  tax-forfeited land under chapter 282 if:  
102.19     (1) the land is in platted subdivisions; or 
102.20     (2) the conveyance is a transfer to correct errors in legal 
102.21  descriptions. 
102.22     (d) This section does not apply to transfers of land by the 
102.23  commissioner of administration or by the Minnesota Housing 
102.24  Finance Agency for: 
102.25     (1) land that is currently in nonagricultural commercial 
102.26  use if a restrictive covenant would interfere with the 
102.27  commercial use; or 
102.28     (2) land transferred to political subdivisions for public 
102.29  purposes under sections 84.027, subdivision 10, and 94.10. 
102.30     Sec. 115.  Minnesota Statutes 2004, section 103G.271, 
102.31  subdivision 6, is amended to read: 
102.32     Subd. 6.  [WATER USE PERMIT PROCESSING FEE.] (a) Except as 
102.33  described in paragraphs (b) to (f), a water use permit 
102.34  processing fee must be prescribed by the commissioner in 
102.35  accordance with the schedule of fees in this subdivision for 
102.36  each water use permit in force at any time during the year.  The 
103.1   schedule is as follows, with the stated fee in each clause 
103.2   applied to the total amount appropriated: 
103.3      (1) $101 for amounts not exceeding 50,000,000 gallons per 
103.4   year; 
103.5      (2) $3 per 1,000,000 gallons for amounts greater than 
103.6   50,000,000 gallons but less than 100,000,000 gallons per year; 
103.7      (3) $3.50 per 1,000,000 gallons for amounts greater than 
103.8   100,000,000 gallons but less than 150,000,000 gallons per year; 
103.9      (4) $4 per 1,000,000 gallons for amounts greater than 
103.10  150,000,000 gallons but less than 200,000,000 gallons per year; 
103.11     (5) $4.50 per 1,000,000 gallons for amounts greater than 
103.12  200,000,000 gallons but less than 250,000,000 gallons per year; 
103.13     (6) $5 per 1,000,000 gallons for amounts greater than 
103.14  250,000,000 gallons but less than 300,000,000 gallons per year; 
103.15     (7) $5.50 per 1,000,000 gallons for amounts greater than 
103.16  300,000,000 gallons but less than 350,000,000 gallons per year; 
103.17     (8) $6 per 1,000,000 gallons for amounts greater than 
103.18  350,000,000 gallons but less than 400,000,000 gallons per year; 
103.19     (9) $6.50 per 1,000,000 gallons for amounts greater than 
103.20  400,000,000 gallons but less than 450,000,000 gallons per year; 
103.21     (10) $7 per 1,000,000 gallons for amounts greater than 
103.22  450,000,000 gallons but less than 500,000,000 gallons per year; 
103.23  and 
103.24     (11) $7.50 per 1,000,000 gallons for amounts greater than 
103.25  500,000,000 gallons per year. 
103.26     (b) For once-through cooling systems, a water use 
103.27  processing fee must be prescribed by the commissioner in 
103.28  accordance with the following schedule of fees for each water 
103.29  use permit in force at any time during the year: 
103.30     (1) for nonprofit corporations and school districts, $150 
103.31  per 1,000,000 gallons; and 
103.32     (2) for all other users, ~~$200~~ $300 per 1,000,000 gallons. 
103.33     (c) The fee is payable based on the amount of water 
103.34  appropriated during the year and, except as provided in 
103.35  paragraph (f), the minimum fee is $100.  
103.36     (d) For water use processing fees other than once-through 
104.1   cooling systems:  
104.2      (1) the fee for a city of the first class may not exceed 
104.3   $250,000 per year; 
104.4      (2) the fee for other entities for any permitted use may 
104.5   not exceed: 
104.6      (i) $50,000 per year for an entity holding three or fewer 
104.7   permits; 
104.8      (ii) $75,000 per year for an entity holding four or five 
104.9   permits; 
104.10     (iii) $250,000 per year for an entity holding more than 
104.11  five permits; 
104.12     (3) the fee for agricultural irrigation may not exceed $750 
104.13  per year; 
104.14     (4) the fee for a municipality that furnishes electric 
104.15  service and cogenerates steam for home heating may not exceed 
104.16  $10,000 for its permit for water use related to the cogeneration 
104.17  of electricity and steam; and 
104.18     (5) no fee is required for a project involving the 
104.19  appropriation of surface water to prevent flood damage or to 
104.20  remove flood waters during a period of flooding, as determined 
104.21  by the commissioner.  
104.22     (e) Failure to pay the fee is sufficient cause for revoking 
104.23  a permit.  A penalty of two percent per month calculated from 
104.24  the original due date must be imposed on the unpaid balance of 
104.25  fees remaining 30 days after the sending of a second notice of 
104.26  fees due.  A fee may not be imposed on an agency, as defined in 
104.27  section 16B.01, subdivision 2, or federal governmental agency 
104.28  holding a water appropriation permit. 
104.29     (f) ~~The minimum water use processing fee for a permit~~ 
104.30  ~~issued for irrigation of agricultural land is $20 for years in~~ 
104.31  ~~which:~~ 
104.32     ~~(1) there is no appropriation of water under the permit; or~~ 
104.33     ~~(2) the permit is suspended for more than seven consecutive~~ 
104.34  ~~days between May 1 and October 1.~~  A surcharge of $20 per 
104.35  million gallons in addition to the fee prescribed in paragraph 
104.36  (a) shall be applied to the volume of water used in June, July, 
105.1   and August that exceeds the volume of water used in January for 
105.2   municipal water use, irrigation of golf courses, and landscape 
105.3   irrigation. 
105.4      Sec. 116.  Minnesota Statutes 2004, section 103G.301, 
105.5   subdivision 2, is amended to read: 
105.6      Subd. 2.  [PERMIT APPLICATION FEES.] (a) An application for 
105.7   a permit authorized under this chapter, and each request to 
105.8   amend or transfer an existing permit, must be accompanied by a 
105.9   permit application fee to defray the costs of receiving, 
105.10  recording, and processing the application or request to amend or 
105.11  transfer.  
105.12     (b) The fee to apply for a permit to appropriate water, a 
105.13  permit to construct or repair a dam that is subject to dam 
105.14  safety inspection, or a state general permit or to apply for the 
105.15  state water bank program is ~~$75~~ $150.  The application fee for a 
105.16  permit to work in public waters or to divert waters for mining 
105.17  must be at least ~~$75~~ $150, but not more than ~~$500~~ $1,000, 
105.18  according to a schedule of fees adopted under section 16A.1285. 
105.19     Sec. 117.  Minnesota Statutes 2004, section 103G.615, 
105.20  subdivision 2, is amended to read: 
105.21     Subd. 2.  [FEES.] (a) The commissioner shall establish a 
105.22  fee schedule for permits to control or harvest aquatic plants 
105.23  other than wild rice.  The fees must be set by rule, and section 
105.24  16A.1283 does not apply.  The fees may not exceed $750 per 
105.25  permit based upon the cost of receiving, processing, analyzing, 
105.26  and issuing the permit, and additional costs incurred after the 
105.27  application to inspect and monitor the activities authorized by 
105.28  the permit, and enforce aquatic plant management rules and 
105.29  permit requirements. 
105.30     (b) The fee for a permit for the control of rooted aquatic 
105.31  vegetation is $35 for each contiguous parcel of shoreline owned 
105.32  by an owner.  This fee may not be charged for permits issued in 
105.33  connection with purple loosestrife control or lakewide Eurasian 
105.34  water milfoil control programs. 
105.35     (c) A fee may not be charged to the state or a federal 
105.36  governmental agency applying for a permit. 
106.1      (d) The money received for the permits under this 
106.2   subdivision shall be deposited in the treasury and credited to 
106.3   the ~~game and fish fund~~ water recreation account. 
106.4      Sec. 118.  Minnesota Statutes 2004, section 103I.681, 
106.5   subdivision 11, is amended to read: 
106.6      Subd. 11.  [PERMIT FEE SCHEDULE.] (a) The commissioner of 
106.7   natural resources shall adopt a permit fee schedule under 
106.8   chapter 14.  The schedule may provide minimum fees for various 
106.9   classes of permits, and additional fees, which may be imposed 
106.10  subsequent to the application, based on the cost of receiving, 
106.11  processing, analyzing, and issuing the permit, and the actual 
106.12  inspecting and monitoring of the activities authorized by the 
106.13  permit, including costs of consulting services. 
106.14     (b) A fee may not be imposed on a state or federal 
106.15  governmental agency applying for a permit.  
106.16     (c) The fee schedule may provide for the refund of a fee, 
106.17  in whole or in part, under circumstances prescribed by the 
106.18  commissioner of natural resources.  ~~Permit~~ Fees received must be 
106.19  deposited in the state treasury and credited to the general 
106.20  fund.  ~~The amount of money necessary to pay the refunds is~~ 
106.21  Permit fees received are appropriated annually from the general 
106.22  fund to the commissioner of natural resources for the costs of 
106.23  inspecting and monitoring the activities authorized by the 
106.24  permit, including costs of consulting services.  
106.25     Sec. 119.  Minnesota Statutes 2004, section 115.06, 
106.26  subdivision 4, is amended to read: 
106.27     Subd. 4.  [CITIZEN MONITORING OF WATER QUALITY.] (a) The 
106.28  agency may encourage citizen monitoring of ambient water quality 
106.29  for public waters by: 
106.30     (1) providing technical assistance to citizen and local 
106.31  group water quality monitoring efforts; 
106.32     (2) integrating citizen monitoring data into water quality 
106.33  assessments and agency programs, provided that the data adheres 
106.34  to agency quality assurance and quality control protocols; and 
106.35     (3) seeking public and private funds to: 
106.36     (i) collaboratively develop clear guidelines for water 
107.1   quality monitoring procedures and data management practices for 
107.2   specific data and information uses; 
107.3      (ii) distribute the guidelines to citizens, local 
107.4   governments, and other interested parties; 
107.5      (iii) improve and expand water quality monitoring 
107.6   activities carried out by the agency; and 
107.7      (iv) continue to improve electronic and Web access to water 
107.8   quality data and information about public waters that have been 
107.9   either fully or partially assessed. 
107.10     (b) This subdivision does not authorize a citizen to enter 
107.11  onto private property for any purpose. 
107.12     (c) By January 15 of each odd-numbered year, the 
107.13  commissioner shall report to the senate and house of 
107.14  representatives committees with jurisdiction over environmental 
107.15  policy and finance on activities under this section. 
107.16     ~~(d) This subdivision shall sunset June 30, 2005.~~ 
107.17     Sec. 120.  Minnesota Statutes 2004, section 115.551, is 
107.18  amended to read: 
107.19     115.551 [TANK FEE.] 
107.20     (a) An installer shall pay a fee of $25 for each septic 
107.21  system tank installed in the previous calendar year.  The fees 
107.22  required under this section must be paid to the commissioner by 
107.23  January 30 of each year.  The revenue derived from the fee 
107.24  imposed under this section shall be deposited in the 
107.25  environmental fund and is exempt from section 16A.1285. 
107.26     (b) Notwithstanding paragraph (a), for the purposes of 
107.27  performance-based individual sewage treatment systems, the tank 
107.28  fee is limited to $25 per household system installation. 
107.29     Sec. 121.  Minnesota Statutes 2004, section 115A.03, 
107.30  subdivision 21, is amended to read: 
107.31     Subd. 21.  [MIXED MUNICIPAL SOLID WASTE.] (a) "Mixed 
107.32  municipal solid waste" means garbage, refuse, and other solid 
107.33  waste from residential, commercial, industrial, and community 
107.34  activities that the generator of the waste aggregates for 
107.35  collection, except as provided in paragraph (b). 
107.36     (b) Mixed municipal solid waste does not include auto 
108.1   hulks, street sweepings, ash, construction debris, mining waste, 
108.2   sludges, tree and agricultural wastes, tires, lead acid 
108.3   batteries, motor and vehicle fluids and filters, and other 
108.4   materials collected, processed, and disposed of as separate 
108.5   waste streams, but does include source-separated ~~compostable~~ 
108.6   organic materials. 
108.7      Sec. 122.  Minnesota Statutes 2004, section 115A.03, 
108.8   subdivision 32a, is amended to read: 
108.9      Subd. 32a.  [SOURCE-SEPARATED COMPOSTABLE MATERIALS.] 
108.10  "Source-separated ~~compostable~~ organic materials" means mixed 
108.11  municipal solid waste that: 
108.12     (1) is separated at the source by waste generators for the 
108.13  purpose of preparing it for use as food for animals, or compost; 
108.14     (2) is collected separately from other mixed municipal 
108.15  solid wastes; 
108.16     (3) is comprised of food wastes, fish and animal waste, 
108.17  plant materials, yard waste, diapers, sanitary products, and 
108.18  paper that is not recyclable because the director has determined 
108.19  that no other person is willing to accept the paper for 
108.20  recycling; and 
108.21     (4) ~~is delivered to a facility to undergo~~ undergoes one of 
108.22  the following processes: 
108.23     (i) controlled microbial degradation to yield a humus-like 
108.24  product meeting the agency's class I or class II, or equivalent, 
108.25  compost standards and where process residues do not exceed 15 
108.26  percent by weight of the total material delivered to the 
108.27  facility; or 
108.28     (ii) controlled packaging separation followed by (A) 
108.29  treatment, including heating and drying the material to less 
108.30  than ten percent moisture, to insure that it meets the 
108.31  requirements of chapter 25 to be sold as commercial feed; or (B) 
108.32  treatment in accordance with Minnesota Rules, part 1720.0930, to 
108.33  allow its use as food for livestock and poultry. 
108.34     Sec. 123.  Minnesota Statutes 2004, section 115A.072, 
108.35  subdivision 1, is amended to read: 
108.36     Subdivision 1.  [ENVIRONMENTAL EDUCATION ADVISORY BOARD.] 
109.1   (a) The director shall provide for the development and 
109.2   implementation of environmental education programs that are 
109.3   designed to meet the goals listed in section 115A.073. 
109.4      (b) The Environmental Education Advisory Board shall advise 
109.5   the director in carrying out the director's responsibilities 
109.6   under this section.  The board consists of 20 members as follows:
109.7      (1) a representative of the Pollution Control Agency, 
109.8   appointed by the commissioner of the agency; 
109.9      (2) a representative of the Department of Education, 
109.10  appointed by the commissioner of education; 
109.11     (3) a representative of the Department of Agriculture, 
109.12  appointed by the commissioner of agriculture; 
109.13     (4) a representative of the Department of Health, appointed 
109.14  by the commissioner of health; 
109.15     (5) a representative of the Department of Natural 
109.16  Resources, appointed by the commissioner of natural resources; 
109.17     (6) a representative of the Board of Water and Soil 
109.18  Resources, appointed by that board; 
109.19     (7) a representative of the Environmental Quality Board, 
109.20  appointed by that board; 
109.21     (8) a representative of the Board of Teaching, appointed by 
109.22  that board; 
109.23     (9) a representative of the University of Minnesota 
109.24  Extension Service, appointed by the director of the service; 
109.25     (10) a citizen member from each congressional district, of 
109.26  which two must be licensed teachers currently teaching in the 
109.27  K-12 system, appointed by the director; and 
109.28     (11) three at-large citizen members, appointed by the 
109.29  director. 
109.30  The citizen members shall serve two-year terms.  Compensation of 
109.31  board members is governed by section 15.059, subdivision 6.  The 
109.32  board expires on June 30, ~~2003~~ 2008. 
109.33     Sec. 124.  Minnesota Statutes 2004, section 115A.12, is 
109.34  amended to read: 
109.35     115A.12 [ADVISORY COUNCILS.] 
109.36     (a) The director shall establish ~~a Solid Waste Management~~ 
110.1   ~~Advisory Council and a Prevention, Reduction, and Recycling~~ an 
110.2   Environmental Innovations Advisory Council that ~~are~~ is broadly 
110.3   representative of the geographic areas and interests of the 
110.4   state.  
110.5      ~~(b) The solid waste council shall have not less than nine~~ 
110.6   ~~nor more than 21 members.  The membership of the solid waste~~ 
110.7   ~~council shall consist of one-third citizen representatives,~~ 
110.8   ~~one-third representatives from local government units, and~~ 
110.9   ~~one-third representatives from private solid waste management~~ 
110.10  ~~firms.  The solid waste council shall contain at least three~~ 
110.11  ~~members experienced in the private recycling industry and at~~ 
110.12  ~~least one member experienced in each of the following areas:~~  
110.13  ~~state and municipal finance; solid waste collection, processing,~~ 
110.14  ~~and disposal; and solid waste reduction and resource recovery.~~ 
110.15     ~~(c)~~ (b) The ~~Prevention, Reduction, and Recycling~~ 
110.16  Environmental Innovations Advisory Council shall have not less 
110.17  than nine ~~nor~~ or more than 24 members.  The membership shall 
110.18  consist of ~~one-third~~ citizen ~~representatives~~, ~~one-third~~ 
110.19  ~~representatives of~~ government, institutional, and ~~one-third~~ 
110.20  ~~representatives of~~ business ~~and industry~~ representatives.  ~~The~~ 
110.21  ~~director may appoint nonvoting members from other environmental~~ 
110.22  ~~and business assistance providers in the state.~~ 
110.23     ~~(d)~~ (c) The ~~chairs~~ chair of the advisory ~~councils~~ 
110.24  council shall be appointed by the director.  The director shall 
110.25  provide administrative and staff services for the advisory 
110.26  ~~councils~~ council.  The advisory ~~councils~~ council shall have such 
110.27  duties as are assigned by law or the director.  The ~~Solid Waste~~ 
110.28  ~~Advisory Council shall make recommendations to the office on its~~ 
110.29  ~~solid waste management activities.  The Prevention, Reduction,~~ 
110.30  ~~and Recycling~~ Environmental Innovations Advisory Council shall 
110.31  make recommendations to the office on policy, programs, and 
110.32  legislation in pollution prevention, waste reduction, reuse ~~and~~, 
110.33  recycling, and resource conservation~~, and the management of~~ 
110.34  ~~hazardous waste~~.  The Environmental Innovations Advisory Council 
110.35  shall focus on developing and implementing innovative programs 
110.36  that improve Minnesota's environment by emphasizing front-end 
111.1   preventative, and resource conservation approaches to preventing 
111.2   waste and pollution.  The council shall emphasize partnerships 
111.3   of government, citizens, institutions, and business to develop 
111.4   and implement these programs.  Members of the advisory ~~councils~~ 
111.5   council shall serve without compensation but shall be reimbursed 
111.6   for their reasonable expenses as determined by the director.  
111.7   Notwithstanding section 15.059, subdivision 5, the ~~Solid Waste~~ 
111.8   ~~Management Advisory Council and the Prevention, Reduction, and~~ 
111.9   ~~Recycling~~ Environmental Innovations Advisory Council ~~expire~~ 
111.10  expires June 30, ~~2003~~ 2009. 
111.11     Sec. 125.  Minnesota Statutes 2004, section 115A.545, 
111.12  subdivision 1, is amended to read: 
111.13     Subdivision 1.  [DEFINITION.] (a) For the purpose of this 
111.14  section, the following terms have the meanings given them. 
111.15     (b) "Processed" means mixed municipal solid waste that has 
111.16  been: 
111.17     (1) burned for energy recovery; ~~or~~ 
111.18     (2) recovered for animals; or 
111.19     (3) processed into usable compost or refuse derived fuel. 
111.20     (c) "Processing facility" means a facility designed to burn 
111.21  mixed municipal solid waste for energy recovery or designed to 
111.22  process mixed municipal solid waste into usable compost or 
111.23  refuse-derived fuel. 
111.24     (d) "County" includes a consortium of counties operating 
111.25  under a solid waste management joint powers agreement.  
111.26     Sec. 126.  Minnesota Statutes 2004, section 115A.929, is 
111.27  amended to read: 
111.28     115A.929 [FEES; ACCOUNTING.] 
111.29     Each political subdivision that provides for solid waste 
111.30  management shall account for all revenue collected from waste 
111.31  management fees, together with interest earned on revenue from 
111.32  the fees, separately from other revenue collected by the 
111.33  political subdivision and shall report revenue collected from 
111.34  the fees and use of the revenue separately from other revenue 
111.35  and use of revenue in any required financial report or audit.  
111.36  ~~Each political subdivision must file with the director, on or~~ 
112.1   ~~before June 30 annually, the separate report of all revenue~~ 
112.2   ~~collected from waste management fees, together with interest on~~ 
112.3   ~~revenue from the fees, for the previous year.~~  For the purposes 
112.4   of this section, "waste management fees" means: 
112.5      (1) all fees, charges, and surcharges collected under 
112.6   sections 115A.919, 115A.921, and 115A.923; 
112.7      (2) all tipping fees collected at waste management 
112.8   facilities owned or operated by the political subdivision; 
112.9      (3) all charges imposed by the political subdivision for 
112.10  waste collection and management services; and 
112.11     (4) any other fees, charges, or surcharges imposed on waste 
112.12  or for the purpose of waste management, whether collected 
112.13  directly from generators or indirectly through property taxes or 
112.14  as part of utility or other charges for services provided by the 
112.15  political subdivision. 
112.16     Sec. 127.  Minnesota Statutes 2004, section 116P.02, is 
112.17  amended by adding a subdivision to read: 
112.18     Subd. 4a.  [COUNCIL.] "Council" means the Minnesota 
112.19  Conservation Heritage Council. 
112.20     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
112.21  following final enactment. 
112.22     Sec. 128.  Minnesota Statutes 2004, section 116P.03, is 
112.23  amended to read: 
112.24     116P.03 [TRUST FUND NOT TO SUPPLANT EXISTING FUNDING.] 
112.25     ~~(a)~~ The trust fund may not be used as a substitute for 
112.26  traditional sources of funding environmental and natural 
112.27  resources activities, but the trust fund shall supplement the 
112.28  traditional sources, including those sources used to support the 
112.29  criteria in section 116P.08, subdivision ~~1~~ 1a.  The trust fund 
112.30  must be used primarily to support activities whose benefits 
112.31  become available only over an extended period of time. 
112.32     ~~(b) The commission must determine the amount of the state~~ 
112.33  ~~budget spent from traditional sources to fund environmental and~~ 
112.34  ~~natural resources activities before and after the trust fund is~~ 
112.35  ~~established and include a comparison of the amount in the report~~ 
112.36  ~~under section 116P.09, subdivision 7.~~ 
113.1      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
113.2   following final enactment. 
113.3      Sec. 129.  Minnesota Statutes 2004, section 116P.04, 
113.4   subdivision 5, is amended to read: 
113.5      Subd. 5.  [AUDITS REQUIRED.] The legislative auditor shall 
113.6   audit trust fund expenditures to ensure that the money is spent 
113.7   for the purposes provided in ~~the commission's budget plan~~ the 
113.8   Minnesota Constitution, article XI, section 14, and the 
113.9   council's strategic plan developed under section 116P.08.  In 
113.10  addition, the legislative auditor shall audit the books and 
113.11  records of the council on an annual basis under sections 3.971 
113.12  and 3.972, subject to the resources of the legislative auditor, 
113.13  to ensure that the expenditures and operations of the council 
113.14  are consistent with the requirements of this chapter.  The 
113.15  legislative auditor may recoup the expenses for audits under 
113.16  this subdivision from amounts available to the council under 
113.17  section 116P.061, subdivision 6. 
113.18     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
113.19  following final enactment. 
113.20     Sec. 130.  Minnesota Statutes 2004, section 116P.05, 
113.21  subdivision 2, is amended to read: 
113.22     Subd. 2.  [DUTIES.] (a) The commission shall recommend a 
113.23  budget plan for expenditures from the environment and natural 
113.24  resources trust fund and shall adopt a strategic plan as 
113.25  provided in section 116P.08.  
113.26     (b) The commission shall recommend expenditures to the 
113.27  legislature from the state land and water conservation account 
113.28  in the natural resources fund.  
113.29     (c) It is a condition of acceptance of the appropriations 
113.30  made from the Minnesota environment and natural resources trust 
113.31  fund, and oil overcharge money under section 4.071, subdivision 
113.32  2, that the agency or entity receiving the appropriation must 
113.33  submit a work program and semiannual progress reports in the 
113.34  form determined by the Legislative Commission on Minnesota 
113.35  Resources, and comply with applicable reporting requirements 
113.36  under section 116P.16.  None of the money provided may be spent 
114.1   unless the commission has approved the pertinent work program. 
114.2      (d) The peer review panel created under section 116P.08 
114.3   must also review, comment, and report to the commission on 
114.4   research proposals applying for an appropriation from the oil 
114.5   overcharge money under section 4.071, subdivision 2. 
114.6      (e) The commission may adopt operating procedures to 
114.7   fulfill its duties under chapter 116P. 
114.8      <b>[EFFECTIVE DATE.]</b> This section is effective for interests 
114.9   in land acquired after June 30, 2005. 
114.10     Sec. 131.  [116P.061] [MINNESOTA CONSERVATION HERITAGE 
114.11  COUNCIL.] 
114.12     Subdivision 1.  [MEMBERSHIP.] (a) The Minnesota 
114.13  Conservation Heritage Council is created pursuant to section 
114.14  15.012, paragraph (a), and is governed by a council of 11 
114.15  members.  The terms of members are six years and until their 
114.16  successors have been appointed.  Each member shall be appointed 
114.17  by the governor with the advice and consent of the senate.  Not 
114.18  more than six members shall belong to the same political party.  
114.19  The governor shall select at least one member from each 
114.20  congressional district.  
114.21     (b) To be eligible for appointment to the council, a 
114.22  prospective member must demonstrate expertise and experience in 
114.23  the science, policy, or practice of the protection, 
114.24  conservation, preservation, and enhancement of the state's air, 
114.25  water, land, fish, wildlife, and other natural resources.  Prior 
114.26  service on multimember boards with grant-making responsibilities 
114.27  or prior experience in the management of a business enterprise 
114.28  is also recommended. 
114.29     (c) Except as provided in this section, the terms, 
114.30  compensation, and removal of members and filling of vacancies on 
114.31  the council shall be as provided in section 15.0575.  A member 
114.32  may be removed from the council upon a supermajority of eight 
114.33  votes in favor of the removal of that member. 
114.34     Subd. 2.  [CHAIR; VICE CHAIR.] The governor shall select a 
114.35  member to serve as chair for a term concurrent with that of the 
114.36  governor.  If a vacancy occurs in the position of chair, the 
115.1   governor shall select a new chair to complete the unexpired 
115.2   term.  The chair shall be the principal executive officer of the 
115.3   council and shall preside at meetings of the council.  The chair 
115.4   shall organize the work of the council and may make assignments 
115.5   to members, appoint committees, and give direction to the 
115.6   staff.  The members of the council shall select a vice chair. 
115.7      Subd. 3.  [QUORUM.] Except when otherwise specified, a 
115.8   majority of the council shall constitute a quorum and the act or 
115.9   decision of a majority of members present, if at least a quorum 
115.10  is present, shall be the act or decision of the council.  If a 
115.11  vacancy exists on the council, a majority of the remaining 
115.12  members constitutes a quorum.  A supermajority of eight members 
115.13  in favor is required for:  (1) hiring or removing an executive 
115.14  director for the council, if any; or (2) using funds for debt 
115.15  service on bonds. 
115.16     Subd. 4.  [GIFTS.] The council may accept and use grants of 
115.17  money or property from the United States or other grantors for 
115.18  any purpose pertaining to the activities of the council.  Any 
115.19  money or property so received is appropriated and dedicated for 
115.20  the purposes for which it is granted and shall be expended or 
115.21  used solely for such purposes according to federal laws and 
115.22  regulations pertaining thereto, subject to applicable state laws 
115.23  and rules as to manner of expenditure or use.  The council may 
115.24  make subgrants of any money received to other agencies, units of 
115.25  local government, private individuals, private organizations, 
115.26  and private nonprofit corporations.  Appropriate funds and 
115.27  accounts shall be maintained by the commissioner of finance to 
115.28  comply with this section.  Lands and interests in lands received 
115.29  may be sold or exchanged according to chapter 94. 
115.30     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
115.31  following final enactment. 
115.32     Sec. 132.  Minnesota Statutes 2004, section 116P.07, is 
115.33  amended to read: 
115.34     116P.07 [INFORMATION GATHERING.] 
115.35     Subdivision 1.  [PUBLIC FORUMS.] The ~~commission~~ council may 
115.36  convene public forums or employ other methods to gather 
116.1   information for establishing priorities for funding.  
116.2      Subd. 2.  [TECHNICAL ADVISORY COMMITTEE.] The council shall 
116.3   make use of available expertise from educational, research, and 
116.4   technical organizations, and state and federal environmental 
116.5   agencies, including the University of Minnesota and other higher 
116.6   education institutions, to provide appropriate independent 
116.7   expert advice on identifying natural resource priorities during 
116.8   development of the strategic plan provided for in section 
116.9   116P.08.  The technical advisory committee shall also review 
116.10  funding proposals and advise the council on funding 
116.11  recommendations.  The council shall appoint the technical 
116.12  advisory committee and designate a chair.  Compensation of 
116.13  advisory committee members is governed by section 15.059, 
116.14  subdivision 3.  
116.15     Subd. 3.  [STATE AGENCY LONG-TERM PRIORITIES.] State 
116.16  agencies with environmental programs and responsibilities shall 
116.17  submit long-term priorities based on agency plans to the 
116.18  council.  The council may integrate agency long-term priorities 
116.19  into the development of its strategic plan as provided for in 
116.20  section 116P.08.  
116.21     Subd. 4.  [PUBLIC PRIORITIES.] The council shall ask 
116.22  conservation and environmental organizations to submit their 
116.23  long-term priorities and plans to the council, which may be 
116.24  integrated into the council's strategic plan as provided for in 
116.25  section 116P.08.  
116.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
116.27  following final enactment. 
116.28     Sec. 133.  Minnesota Statutes 2004, section 116P.08, is 
116.29  amended by adding a subdivision to read: 
116.30     Subd. 1a.  [APPROPRIATION AND EXPENDITURES.] (a) For the 
116.31  fiscal biennium beginning July 1, 2007, and each biennium 
116.32  thereafter, the amount of the environment and natural resources 
116.33  trust fund that is available for appropriation under the terms 
116.34  of the Minnesota Constitution, article XI, section 14, shall be 
116.35  appropriated by a law passed by the legislature and signed by 
116.36  the governor to the council for expenditures to be made 
117.1   according to the provisions of this section. 
117.2      (b) The amount appropriated from the environment and 
117.3   natural resources trust fund may be spent only for the public 
117.4   purpose of protection, conservation, preservation, and 
117.5   enhancement of the state's air, water, land, fish, wildlife, and 
117.6   other natural resources.  Expenditures made by the council under 
117.7   this section must be consistent with the Minnesota Constitution, 
117.8   article XI, section 14, and the strategic plan adopted under 
117.9   subdivision 3 and must demonstrate a direct benefit to the 
117.10  state's natural resources. 
117.11     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
117.12  following final enactment. 
117.13     Sec. 134.  Minnesota Statutes 2004, section 116P.08, is 
117.14  amended by adding a subdivision to read: 
117.15     Subd. 1b.  [WORK PROGRAM; PROGRESS REPORTS.] It is a 
117.16  condition of acceptance of the appropriations made from the 
117.17  Minnesota environment and natural resources trust fund that the 
117.18  agency or entity receiving the appropriation must submit a work 
117.19  program and semiannual progress reports in the form determined 
117.20  by the council.  None of the money provided may be spent unless 
117.21  the council has approved the pertinent work program. 
117.22     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
117.23  following final enactment. 
117.24     Sec. 135.  Minnesota Statutes 2004, section 116P.08, 
117.25  subdivision 3, is amended to read: 
117.26     Subd. 3.  [STRATEGIC PLAN REQUIRED.] (a) The ~~commission~~ 
117.27  council shall adopt a strategic plan for making expenditures 
117.28  from the trust fund, including identifying the priority areas 
117.29  for funding for the next ~~six~~ ten years.  The strategic plan must 
117.30  be updated every two years.  ~~The plan is advisory only~~ The 
117.31  council shall make funding allocation decisions on at least an 
117.32  annual basis. 
117.33     (b) The ~~commission~~ council shall submit the plan~~, as a~~ 
117.34  ~~recommendation,~~ to the ~~house of representatives Ways and Means~~ 
117.35  ~~and senate Finance Committees~~ chairs of the house of 
117.36  representatives and senate committees with jurisdiction over 
118.1   environment and natural resources policy and finance by January 
118.2   ~~1~~ 15 of each odd-numbered year according to section 116P.09, 
118.3   subdivision 7. 
118.4      ~~(b) The commission may accept or modify the draft of the~~ 
118.5   ~~strategic plan submitted to it by the advisory committee before~~ 
118.6   ~~voting on the plan's adoption.~~ 
118.7      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
118.8   following final enactment. 
118.9      Sec. 136.  Minnesota Statutes 2004, section 116P.08, 
118.10  subdivision 5, is amended to read: 
118.11     Subd. 5.  [PUBLIC MEETINGS.] All ~~advisory committee and~~ 
118.12  ~~commission~~ council meetings must be open to the public.  ~~The~~ 
118.13  ~~commission shall attempt to meet at least once in each of the~~ 
118.14  ~~state's congressional districts during each biennium.~~  
118.15     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
118.16  following final enactment. 
118.17     Sec. 137.  Minnesota Statutes 2004, section 116P.08, 
118.18  subdivision 6, is amended to read: 
118.19     Subd. 6.  [PEER REVIEW.] (a) Research proposals must 
118.20  include a stated purpose, timeline, potential outcomes, and an 
118.21  explanation of the need for the research.  All research 
118.22  proposals must be ~~reviewed by a peer review panel~~ peer-reviewed 
118.23  before receiving an appropriation.  Peer reviews shall be 
118.24  considered by the council in evaluating a research project 
118.25  proposal.  The council shall establish a peer review panel under 
118.26  subdivision 7 to assist its work. 
118.27     (b) ~~In conducting research proposal reviews, the peer~~ 
118.28  ~~review panel~~ A peer review report on a proposed research 
118.29  project, prepared for a research proposal review, shall: 
118.30     (1) comment on the methodology proposed and whether it can 
118.31  be expected to yield appropriate and useful information and 
118.32  data; and 
118.33     (2) comment on the need for the research and about similar 
118.34  existing information available, if any~~; and~~ 
118.35     ~~(3) report to the commission and advisory committee on~~ 
118.36  ~~clauses (1) and (2).~~ 
119.1      ~~(c) The peer review panel also must review completed~~ 
119.2   ~~research proposals that have received an appropriation and~~ 
119.3   ~~comment and report upon whether the project reached the intended~~ 
119.4   ~~goals~~. 
119.5      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
119.6   following final enactment. 
119.7      Sec. 138.  Minnesota Statutes 2004, section 116P.08, 
119.8   subdivision 7, is amended to read: 
119.9      Subd. 7.  [PEER REVIEW PANEL MEMBERSHIP.] (a) The peer 
119.10  review panel must consist of at least five members who are 
119.11  knowledgeable in general research methods in the areas of 
119.12  environment and natural resources.  Not more than two members of 
119.13  the panel may be employees of state agencies in Minnesota. 
119.14     (b) The ~~commission~~ council shall select a chair every two 
119.15  years who shall be responsible for convening meetings of the 
119.16  panel as often as is necessary to fulfill its duties as 
119.17  prescribed in this section.  Compensation of panel members is 
119.18  governed by section 15.059, subdivision 3.  
119.19     (c) The peer review panel must review completed research 
119.20  proposals that have received an appropriation and comment and 
119.21  report upon whether the project reached the intended goals. 
119.22     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
119.23  following final enactment. 
119.24     Sec. 139.  Minnesota Statutes 2004, section 116P.09, is 
119.25  amended to read: 
119.26     116P.09 [ADMINISTRATION.] 
119.27     Subdivision 1.  [ADMINISTRATIVE AUTHORITY.] The 
119.28  ~~commission~~ council may appoint legal and other personnel and 
119.29  consultants necessary to carry out functions and duties of 
119.30  the ~~commission~~ council.  Permanent employees shall be in the 
119.31  unclassified service.  In addition, the ~~commission~~ council may 
119.32  request staff assistance and data from any other agency of state 
119.33  government as needed for the execution of the responsibilities 
119.34  of the ~~commission and advisory committee~~ council and an agency 
119.35  must promptly furnish it. 
119.36     Subd. 2.  [LIAISON OFFICERS.] The ~~commission~~ council shall 
120.1   request each department or agency head of all state agencies 
120.2   with a direct interest and responsibility in any phase of 
120.3   environment and natural resources to appoint, and the latter 
120.4   shall appoint for the agency, a liaison officer who shall work 
120.5   closely with the ~~commission~~ council and its staff.  
120.6      Subd. 3.  [APPRAISAL AND EVALUATION.] The ~~commission~~ 
120.7   council shall obtain and appraise information available through 
120.8   private organizations and groups, utilizing to the fullest 
120.9   extent possible studies, data, and reports previously prepared 
120.10  or currently in progress by public agencies, private 
120.11  organizations, groups, and others, concerning future trends in 
120.12  the protection, conservation, preservation, and enhancement of 
120.13  the state's air, water, land, forests, fish, wildlife, native 
120.14  vegetation, and other natural resources.  Any data compiled by 
120.15  the ~~commission~~ council shall be made available to any standing 
120.16  or interim committee of the legislature upon the request of the 
120.17  chair of the respective committee. 
120.18     Subd. 4.  [PERSONNEL.] Persons who are employed by a state 
120.19  agency to work on a project and are paid by an appropriation 
120.20  from the trust fund are in the unclassified civil service, and 
120.21  their continued employment is contingent upon the availability 
120.22  of money from the appropriation.  When the appropriation has 
120.23  been spent, their positions must be canceled and the approved 
120.24  complement of the agency reduced accordingly.  Part-time 
120.25  employment of persons for a project is authorized.  The use of 
120.26  classified employees is authorized when approved as part of the 
120.27  work program required by section ~~116P.05~~ 116P.08, subdivision ~~2,~~ 
120.28  ~~paragraph (c)~~ 1b. 
120.29     Subd. 5.  [ADMINISTRATIVE EXPENSE.] The prorated expenses 
120.30  related to ~~commission~~ council administration of the trust fund 
120.31  may not exceed an amount equal to four percent of the amount 
120.32  available for appropriation of the trust fund for the biennium. 
120.33     Subd. 6.  [CONFLICT OF INTEREST.] (a) A ~~commission~~ council 
120.34  member, ~~advisory committee member,~~ a peer review panelist, or an 
120.35  employee of the ~~commission~~ council may not participate in or 
120.36  vote on a decision of the ~~commission, advisory~~ 
121.1   ~~committee,~~ council or a peer review panel relating to an 
121.2   organization in which the member, panelist, or employee has 
121.3   either a direct or indirect personal financial interest.  While 
121.4   serving on the ~~legislative commission, advisory committee,~~ 
121.5   council or peer review panel~~,~~ or ~~being~~ while an employee of 
121.6   the ~~commission~~ council, a person shall avoid any potential 
121.7   conflict of interest.  A conflict of interest exists if the 
121.8   person: 
121.9      (1) would receive a direct or indirect personal financial 
121.10  benefit from an entity proposing a project for funding by the 
121.11  council or from a proposal under review for funding by the 
121.12  council; 
121.13     (2) serves as an employee, consultant, or governing board 
121.14  member of an entity proposing a project for funding by the 
121.15  council; or 
121.16     (3) has a family relationship with a project proposer or a 
121.17  staff or board member of an entity proposing a project for 
121.18  funding by the council. 
121.19     (b) The council must develop procedures to identify a 
121.20  conflict of interest during the initial proposal review 
121.21  process.  If a conflict is found to exist, the person must 
121.22  notify the council in writing and may not advocate for or 
121.23  against the proposal or vote on the proposal. 
121.24     Subd. 7.  [REPORT REQUIRED.] The ~~commission~~ council shall, 
121.25  by January 15 of each odd-numbered year, submit a report to the 
121.26  governor, the chairs of the house of representatives 
121.27  appropriations and senate finance committees, and the chairs of 
121.28  the house of representatives and senate committees ~~on~~ with 
121.29  jurisdiction over environment and natural resources policy and 
121.30  finance.  Copies of the report must be available to the public.  
121.31  The report must include a summary of the council's conservation 
121.32  achievements during the reporting period and: 
121.33     (1) a copy of the current strategic plan; 
121.34     (2) a description of each project receiving money from the 
121.35  trust fund during the preceding biennium and how the project 
121.36  relates to the constitutional dedication of the trust fund and 
122.1   to the council's current strategic plan; 
122.2      (3) a summary of any research project completed in the 
122.3   preceding biennium; 
122.4      (4) recommendations to implement successful projects and 
122.5   programs into a state agency's standard operations; 
122.6      (5) to the extent known by the ~~commission~~ council, 
122.7   descriptions of the projects anticipated to be supported by the 
122.8   trust fund during the next biennium; 
122.9      (6) the source and amount of all revenues collected and 
122.10  distributed by the ~~commission~~ council, including all 
122.11  administrative and other expenses; 
122.12     (7) a description of the assets and liabilities of the 
122.13  trust fund; 
122.14     (8) any findings or recommendations that are deemed proper 
122.15  to assist the legislature in formulating legislation; 
122.16     (9) a list of all gifts and donations with a value over 
122.17  $1,000; 
122.18     (10) a comparison of the amounts spent by the state for 
122.19  environment and natural resources activities through the most 
122.20  recent fiscal year; and 
122.21     (11) a copy of the most recent compliance audit. 
122.22     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
122.23  following final enactment. 
122.24     Sec. 140.  Minnesota Statutes 2004, section 116P.10, is 
122.25  amended to read: 
122.26     116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.] 
122.27     This section applies to projects supported by the trust 
122.28  fund and the oil overcharge money referred to in section 4.071, 
122.29  subdivision 2, each of which is referred to in this section as a 
122.30  "fund."  The trust fund owns and shall take title to the 
122.31  percentage of a royalty, copyright, or patent resulting from a 
122.32  project supported by the trust fund equal to the percentage of 
122.33  the project's total funding provided by the trust fund.  Cash 
122.34  receipts resulting from a royalty, copyright, or patent, or the 
122.35  sale of the trust fund's rights to a royalty, copyright, or 
122.36  patent, must be credited immediately to the principal of 
123.1   the trust fund.  Receipts from Minnesota future resources fund 
123.2   projects must be credited to the trust fund.  Before the council 
123.3   decides to fund a project ~~is included in the budget plan~~, 
123.4   the ~~commission~~ council may vote to relinquish the ownership or 
123.5   rights to a royalty, copyright, or patent resulting from a 
123.6   project supported by the trust fund to the project's proposer 
123.7   when the amount of the original grant or loan, plus interest, 
123.8   has been repaid to the trust fund. 
123.9      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
123.10  following final enactment. 
123.11     Sec. 141.  Minnesota Statutes 2004, section 116P.11, is 
123.12  amended to read: 
123.13     116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.] 
123.14     (a) The amount biennially available from the trust fund for 
123.15  the budget plan developed by the ~~commission~~ council is as 
123.16  defined in the Minnesota Constitution, article XI, section 14.  
123.17     (b) Any appropriated funds not encumbered in the biennium 
123.18  in which they are appropriated cancel and must be credited to 
123.19  the principal of the trust fund. 
123.20     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
123.21  following final enactment. 
123.22     Sec. 142.  Minnesota Statutes 2004, section 116P.12, 
123.23  subdivision 2, is amended to read: 
123.24     Subd. 2.  [APPLICATION AND ADMINISTRATION.] (a) The 
123.25  ~~commission~~ council must adopt a procedure for the issuance of 
123.26  the water system improvement loans by the Public Facilities 
123.27  Authority.  
123.28     (b) The ~~commission~~ council also must ensure that the loans 
123.29  are administered according to its fiduciary standards and 
123.30  requirements. 
123.31     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
123.32  following final enactment. 
123.33     Sec. 143.  Minnesota Statutes 2004, section 116P.15, 
123.34  subdivision 2, is amended to read: 
123.35     Subd. 2.  [RESTRICTIONS; MODIFICATION PROCEDURE.] (a) An 
123.36  interest in real property acquired with an appropriation from 
124.1   the trust fund or the Minnesota future resources fund must be 
124.2   used in perpetuity or for the specific term of an easement 
124.3   interest for the purpose for which the appropriation was made. 
124.4      (b) A recipient of funding who acquires an interest in real 
124.5   property subject to this section may not alter the intended use 
124.6   of the interest in real property or convey any interest in the 
124.7   real property acquired with the appropriation without the prior 
124.8   review and approval of the ~~commission~~ council.  The ~~commission~~ 
124.9   council shall establish procedures to review requests from 
124.10  recipients to alter the use of or convey an interest in real 
124.11  property.  These procedures shall allow for the replacement of 
124.12  the interest in real property with another interest in real 
124.13  property meeting the following criteria: 
124.14     (1) the interest is at least equal in fair market value, as 
124.15  certified by the commissioner of natural resources, to the 
124.16  interest being replaced; and 
124.17     (2) the interest is in a reasonably equivalent location, 
124.18  and has a reasonably equivalent usefulness compared to the 
124.19  interest being replaced. 
124.20     (c) A recipient of funding who acquires an interest in real 
124.21  property under paragraph (a) must separately record a notice of 
124.22  funding restrictions in the appropriate local government office 
124.23  where the conveyance of the interest in real property is filed.  
124.24  The notice of funding agreement must contain: 
124.25     (1) a legal description of the interest in real property 
124.26  covered by the funding agreement; 
124.27     (2) a reference to the underlying funding agreement; 
124.28     (3) a reference to this section; and 
124.29     (4) the following statement: 
124.30     "This interest in real property shall be administered in 
124.31  accordance with the terms, conditions, and purposes of the grant 
124.32  agreement or work program controlling the acquisition of the 
124.33  property.  The interest in real property, or any portion of the 
124.34  interest in real property, shall not be sold, transferred, 
124.35  pledged, or otherwise disposed of or further encumbered without 
124.36  obtaining the prior written approval of the ~~Legislative~~ 
125.1   ~~Commission on Minnesota Resources~~ council or its successor.  If 
125.2   the holder of the interest in real property fails to comply with 
125.3   the terms and conditions of the grant agreement or work program, 
125.4   ownership of the interest in real property shall transfer to 
125.5   this state." 
125.6      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
125.7   following final enactment. 
125.8      Sec. 144.  [116P.16] [REAL PROPERTY INTEREST REPORT.] 
125.9      By December 1 each year, a recipient of an appropriation 
125.10  from the trust fund, that is used for the acquisition of an 
125.11  interest in real property, must submit annual reports on the 
125.12  status of the real property to the Legislative Commission on 
125.13  Minnesota Resources in a form determined by the commission.  The 
125.14  responsibility for reporting under this section may be 
125.15  transferred by the recipient of the appropriation to another 
125.16  person who holds the interest in the real property.  To complete 
125.17  the transfer of reporting responsibility, the recipient of the 
125.18  appropriation must: 
125.19     (1) inform the person to whom the responsibility is 
125.20  transferred of that person's reporting responsibility; 
125.21     (2) inform the person to whom the responsibility is 
125.22  transferred of the property restrictions under section 116P.15; 
125.23  and 
125.24     (3) provide written notice to the commission of the 
125.25  transfer of reporting responsibility, including contact 
125.26  information for the person to whom the responsibility is 
125.27  transferred. 
125.28  After the transfer, the person who holds the interest in the 
125.29  real property is responsible for reporting requirements under 
125.30  this section. 
125.31     <b>[EFFECTIVE DATE.]</b> This section is effective for interests 
125.32  in land acquired after June 30, 2005. 
125.33     Sec. 145.  Minnesota Statutes 2004, section 168.1296, 
125.34  subdivision 1, is amended to read: 
125.35     Subdivision 1.  [GENERAL REQUIREMENTS AND PROCEDURES.] (a) 
125.36  The registrar shall issue special critical habitat license 
126.1   plates to an applicant who: 
126.2      (1) is an owner or joint owner of a passenger automobile, 
126.3   pickup truck, or van or of recreational equipment; 
126.4      (2) pays a fee of $10 to cover the costs of handling and 
126.5   manufacturing the plates; 
126.6      (3) pays the registration tax required under section 
126.7   168.013; 
126.8      (4) pays the fees required under this chapter; 
126.9      (5) contributes a minimum of $30 annually to the Minnesota 
126.10  critical habitat private sector matching account established in 
126.11  section 84.943; and 
126.12     (6) complies with laws and rules governing registration and 
126.13  licensing of vehicles and drivers. 
126.14     (b) The critical habitat license application form must 
126.15  clearly indicate that the annual contribution specified under 
126.16  paragraph (a), clause (5), is a minimum contribution to receive 
126.17  the license plate and that the applicant may make an additional 
126.18  contribution to the account. 
126.19     (c) Owners of recreational equipment under paragraph (a), 
126.20  clause (1), are eligible only for special critical habitat 
126.21  license plates for which the designs are approved by the 
126.22  commissioner on or after January 1, 2006.  
126.23     (d) Special critical habitat license plates, the designs 
126.24  for which are approved by the commissioner on or after January 
126.25  1, 2006, may be personalized according to section 168.12, 
126.26  subdivision 2a. 
126.27     Sec. 146.  Minnesota Statutes 2004, section 169A.63, 
126.28  subdivision 6, is amended to read: 
126.29     Subd. 6.  [VEHICLE SUBJECT TO FORFEITURE.] (a) A motor 
126.30  vehicle is subject to forfeiture under this section if it was 
126.31  used in the commission of a designated offense or was used in 
126.32  conduct resulting in a designated license revocation. 
126.33     (b) Motorboats subject to seizure and forfeiture under this 
126.34  section also include their trailers. 
126.35     Sec. 147.  Minnesota Statutes 2004, section 216B.2424, 
126.36  subdivision 1, is amended to read: 
127.1      Subdivision 1.  [FARM-GROWN CLOSED-LOOP BIOMASS.] (a) For 
127.2   the purposes of this section, "farm-grown closed-loop biomass" 
127.3   means biomass, as defined in section 216C.051, subdivision 7, 
127.4   that: 
127.5      (1) is intentionally cultivated, harvested, and prepared 
127.6   for use, in whole or in part, as a fuel for the generation of 
127.7   electricity; 
127.8      (2) when combusted, releases an amount of carbon dioxide 
127.9   that is less than or approximately equal to the carbon dioxide 
127.10  absorbed by the biomass fuel during its growing cycle; and 
127.11     (3) is fired in a new or substantially retrofitted electric 
127.12  generating facility that is: 
127.13     (i) located within 400 miles of the site of the biomass 
127.14  production; and 
127.15     (ii) designed to use biomass to meet at least 75 percent of 
127.16  its fuel requirements. 
127.17     (b) The legislature finds that the negative environmental 
127.18  impacts within 400 miles of the facility resulting from 
127.19  transporting and combusting the biomass are offset in that 
127.20  region by the environmental benefits to air, soil, and water of 
127.21  the biomass production. 
127.22     (c) Among the biomass fuel sources that meet the 
127.23  requirements of paragraph (a), ~~clause~~ clauses (1) and (2) are 
127.24  poplar, aspen, willow, switch grass, sorghum, alfalfa, ~~and~~ 
127.25  cultivated prairie grass and sustainably managed woody biomass.  
127.26     (d) For the purpose of this section, "sustainably managed 
127.27  woody biomass" means:  
127.28     (1) brush, trees, and other biomass harvested from within 
127.29  designated utility, railroad, and road rights-of-way; 
127.30     (2) upland and lowland brush harvested from lands 
127.31  incorporated into brushland habitat management activities of the 
127.32  Minnesota Department of Natural Resources; 
127.33     (3) upland and lowland brush harvested from lands managed 
127.34  in accordance with Minnesota Department of Natural Resources 
127.35  "Best Management Practices for Managing Brushlands"; 
127.36     (4) logging slash or waste wood that is created by harvest, 
128.1   precommercial timber stand improvement to meet silvicultural 
128.2   objectives, or by fire, disease, or insect control treatments, 
128.3   and that is managed in compliance with the Minnesota Forest 
128.4   Resources Council's "Sustaining Minnesota Forest Resources: 
128.5   Voluntary Site-Level Forest Management Guidelines for 
128.6   Landowners, Loggers and Resource Managers" as modified by the 
128.7   requirement of this subdivision; and 
128.8      (5) trees or parts of trees that do not meet the 
128.9   utilization standards for pulpwood, posts, bolts, or sawtimber 
128.10  as described in the Minnesota Department of Natural Resources 
128.11  Division of Forestry Timber Sales Manual, 1998, as amended as of 
128.12  May 1, 2005, and the Minnesota Department of Natural Resources 
128.13  Timber Scaling Manual, 1981, as amended as of May 1, 2005, 
128.14  except as provided in paragraph (a), clause (1), and this 
128.15  paragraph, clauses (1) to (3). 
128.16     Sec. 148.  Minnesota Statutes 2004, section 216B.2424, is 
128.17  amended by adding a subdivision to read:  
128.18     Subd. 1a.  [MUNICIPAL WASTE-TO-ENERGY PROJECT.] (a) This 
128.19  subdivision applies only to a biomass project owned or 
128.20  controlled, directly or indirectly, by two municipal utilities 
128.21  as described in subdivision 5a, paragraph (b). 
128.22     (b) Woody biomass from state-owned land must be harvested 
128.23  in compliance with an adopted management plan and a program of 
128.24  ecologically based third-party certification.  
128.25     (c) The project must prepare a fuel plan on an annual basis 
128.26  after commercial operation of the project as described in the 
128.27  power contract between the project and the public utility, and 
128.28  must also prepare annually certificates reflecting the types of 
128.29  fuel used in the preceding year by the project, as described in 
128.30  the power contract.  The fuel plans and certificates shall also 
128.31  be filed with the Minnesota Department of Natural Resources and 
128.32  the Minnesota Department of Commerce within 30 days after being 
128.33  provided to the public utility, as provided by the power 
128.34  contract.  Any person who believes the fuel plans, as amended, 
128.35  and certificates show that the project does not or will not 
128.36  comply with the fuel requirements of this subdivision may file a 
129.1   petition with the commission seeking such a determination.  
129.2      (d) The wood procurement process must utilize third-party 
129.3   audit certification systems to verify that applicable best 
129.4   management practices were utilized in the procurement of the 
129.5   sustainably managed biomass.  If there is a failure to so verify 
129.6   in any two consecutive years during the original contract term, 
129.7   the farm-grown closed-loop biomass requirements of subdivision 2 
129.8   must be increased to 50 percent for the remaining contract term 
129.9   period; however, if in two consecutive subsequent years after 
129.10  the increase has been implemented, it is verified that the 
129.11  conditions in this subdivision have been met, then for the 
129.12  remaining original contract term the closed-loop biomass mandate 
129.13  reverts to 25 percent.  If there is a subsequent failure to 
129.14  verify in a year after the first failure and implementation of 
129.15  the 50 percent requirement, then the closed-loop percentage 
129.16  shall remain at 50 percent for each remaining year of the 
129.17  contract term.  
129.18     (e) In the closed-loop plantation, no transgenic plants may 
129.19  be used.  
129.20     (f) No wood may be harvested from any lands identified by 
129.21  the final or preliminary Minnesota County Biological Survey as 
129.22  having statewide significance as native plant communities, large 
129.23  populations or concentrations of rare species, or critical 
129.24  animal habitat.  
129.25     (g) A wood procurement plan must be prepared every five 
129.26  years and public meetings must be held and written comments 
129.27  taken on the plan and documentation must be provided on why or 
129.28  why not the public inputs were used.  
129.29     (h) Guidelines or best management practices for sustainably 
129.30  managed woody biomass must be adopted by:  
129.31     (1) the Minnesota Department of Natural Resources for 
129.32  managing and maintaining brushland and open land habitat on 
129.33  public and private lands, including, but not limited to, 
129.34  provisions of sections 84.941, 84.942, and 97A.125; and 
129.35     (2) the Minnesota Forest Resources Council for logging 
129.36  slash, using the most recent available scientific information 
130.1   regarding the removal of woody biomass from forest lands, to 
130.2   sustain the management of forest resources as defined by section 
130.3   89.001, subdivisions 8 and 9, with particular attention to soil 
130.4   productivity, biological diversity as defined by section 89A.01, 
130.5   subdivision 3, and wildlife habitat. 
130.6      These guidelines must be completed by July 1, 2007, and the 
130.7   process of developing them must incorporate public notification 
130.8   and comment. 
130.9      (i) The University of Minnesota Initiative for Renewable 
130.10  Energy and the Environment is encouraged to solicit and fund 
130.11  high-quality research projects to develop and consolidate 
130.12  scientific information regarding the removal of woody biomass 
130.13  from forest and brush lands, with particular attention to the 
130.14  environmental impacts on soil productivity, biological 
130.15  diversity, and sequestration of carbon.  The results of this 
130.16  research shall be made available to the public. 
130.17     (j) The two utilities owning or controlling, directly or 
130.18  indirectly, the biomass project described in subdivision 5a, 
130.19  paragraph (b), fund or obtain funding of $150,000 by April 1, 
130.20  2006, to complete the guidelines or best management practices 
130.21  described in paragraph (h).  The expenditures to be funded under 
130.22  this paragraph do not include any of the expenditures to be 
130.23  funded under paragraph (i). 
130.24     Sec. 149.  Minnesota Statutes 2004, section 216B.2424, 
130.25  subdivision 2, is amended to read: 
130.26     Subd. 2.  [INTERIM EXEMPTION.] (a) A biomass project 
130.27  proposing to use, as its primary fuel over the life of the 
130.28  project, short-rotation woody crops, may use as an interim fuel 
130.29  agricultural waste and other biomass which is not farm-grown 
130.30  closed-loop biomass for up to six years after the project's 
130.31  electric generating facility becomes operational; provided, the 
130.32  project developer demonstrates the project will use the 
130.33  designated short-rotation woody crops as its primary fuel after 
130.34  the interim period and provided the location of the interim fuel 
130.35  production meets the requirements of subdivision 1, paragraph 
130.36  (a), clause (3). 
131.1      (b) A biomass project proposing to use, as its primary fuel 
131.2   over the life of the project, short-rotation woody crops, may 
131.3   use as an interim fuel agricultural waste and other biomass 
131.4   which is not farm-grown closed-loop biomass for up to three 
131.5   years after the project's electric generating facility becomes 
131.6   operational; provided, the project developer demonstrates the 
131.7   project will use the designated short-rotation woody crops as 
131.8   its primary fuel after the interim period. 
131.9      (c) A biomass project that uses an interim fuel under the 
131.10  terms of paragraph (b) may, in addition, use an interim fuel 
131.11  under the terms of paragraph (a) for six years less the number 
131.12  of years that an interim fuel was used under paragraph (b). 
131.13     (d) A project developer proposing to use an exempt interim 
131.14  fuel under paragraphs (a) and (b) must demonstrate to the public 
131.15  utility that the project will have an adequate supply of 
131.16  short-rotation woody crops which meet the requirements of 
131.17  subdivision 1 to fuel the project after the interim period. 
131.18     (e) If a biomass project using an interim fuel under this 
131.19  subdivision is or becomes owned or controlled, directly or 
131.20  indirectly, by two municipal utilities as described in 
131.21  subdivision 5a, paragraph (b), the project is deemed to comply 
131.22  with the requirement under this subdivision to use farm-grown 
131.23  closed-loop biomass as its primary fuel if farm-grown 
131.24  closed-loop biomass comprises no less than 25 percent of the 
131.25  fuel used over the life of the project.  For purposes of this 
131.26  subdivision, "life of the project" means 20 years from the date 
131.27  the project becomes operational or the term of the applicable 
131.28  power purchase agreement between the project owner and the 
131.29  public utility, whichever is longer. 
131.30     Sec. 150.  Minnesota Statutes 2004, section 216B.2424, 
131.31  subdivision 5a, is amended to read: 
131.32     Subd. 5a.  [REDUCTION OF BIOMASS MANDATE.] (a) 
131.33  Notwithstanding subdivision 5, the biomass electric energy 
131.34  mandate ~~shall~~ must be reduced from 125 megawatts to 110 
131.35  megawatts.  
131.36     (b) The Public Utilities Commission shall approve a request 
132.1   pending before the ~~Public Utilities~~ commission as of May 15, 
132.2   2003, for ~~an amendment~~ amendments to and assignment of a 
132.3   ~~contract for power from~~ power purchase agreement with the owner 
132.4   of a facility that uses short-rotation, woody crops as its 
132.5   primary fuel previously approved to satisfy a portion of the 
132.6   biomass mandate if the ~~developer~~ owner of the project agrees to 
132.7   reduce the size of its project from 50 megawatts to 35 
132.8   megawatts, while maintaining ~~a~~ an average price for energy ~~at or~~ 
132.9   ~~below the current contract price.~~ in nominal dollars measured 
132.10  over the term of the power purchase agreement at or below $104 
132.11  per megawatt-hour, exclusive of any price adjustments that may 
132.12  take effect subsequent to commission approval of the power 
132.13  purchase agreement, as amended.  The commission shall also 
132.14  approve, as necessary, any subsequent assignment or sale of the 
132.15  power purchase agreement or ownership of the project to an 
132.16  entity owned or controlled, directly or indirectly, by two 
132.17  municipal utilities located north of Constitutional Route No. 8, 
132.18  as described in section 161.114, which currently own electric 
132.19  and steam generation facilities using coal as a fuel and which 
132.20  propose to retrofit their existing municipal electrical 
132.21  generating facilities to utilize biomass fuels in order to 
132.22  perform the power purchase agreement. 
132.23     (c) If the power purchase agreement described in paragraph 
132.24  (b) is assigned to an entity that is, or becomes, owned or 
132.25  controlled, directly or indirectly, by two municipal entities as 
132.26  described in paragraph (b), and the power purchase agreement 
132.27  meets the price requirements of paragraph (b), the commission 
132.28  shall approve any amendments to the power purchase agreement 
132.29  necessary to reflect the changes in project location and 
132.30  ownership and any other amendments made necessary by those 
132.31  changes.  The commission shall also specifically find that: 
132.32     (1) the power purchase agreement complies with and fully 
132.33  satisfies the provisions of this section to the full extent of 
132.34  its 35-megawatt capacity; 
132.35     (2) all costs incurred by the public utility and all 
132.36  amounts to be paid by the public utility to the project owner 
133.1   under the terms of the power purchase agreement are fully 
133.2   recoverable pursuant to section 216B.1645; 
133.3      (3) subject to prudency review by the commission, the 
133.4   public utility may recover from its Minnesota retail customers 
133.5   the Minnesota jurisdictional portion of the amounts that may be 
133.6   incurred and paid by the public utility during the full term of 
133.7   the power purchase agreement; and 
133.8      (4) if the purchase power agreement meets the requirements 
133.9   of this subdivision, it is reasonable and in the public interest.
133.10     (d) The commission shall specifically approve recovery by 
133.11  the public utility of any and all Minnesota jurisdictional costs 
133.12  incurred by the public utility to improve, construct, install, 
133.13  or upgrade transmission, distribution, or other electrical 
133.14  facilities owned by the public utility or other persons in order 
133.15  to permit interconnection of the retrofitted biomass-fueled 
133.16  generating facilities or to obtain transmission service for the 
133.17  energy provided by the facilities to the public utility pursuant 
133.18  to section 216B.1645, and shall disapprove any provision in the 
133.19  power purchase agreement that requires the developer or owner of 
133.20  the project to pay the jurisdictional costs or that permit the 
133.21  public utility to terminate the power purchase agreement as a 
133.22  result of the existence of those costs or the public utility's 
133.23  obligation to pay any or all of those costs. 
133.24     Sec. 151.  Minnesota Statutes 2004, section 216B.2424, 
133.25  subdivision 6, is amended to read: 
133.26     Subd. 6.  [REMAINING MEGAWATT COMPLIANCE PROCESS.] (a) If 
133.27  there remain megawatts of biomass power generating capacity to 
133.28  fulfill the mandate in subdivision 5 after the commission has 
133.29  taken final action on all contracts filed by September 1, 2000, 
133.30  by a public utility, as amended and assigned, this subdivision 
133.31  governs final compliance with the biomass energy mandate in 
133.32  subdivision 5 subject to the requirements of subdivisions 7 and 
133.33  8.  
133.34     (b) To the extent not inconsistent with this subdivision, 
133.35  the provisions of subdivisions 2, 3, 4, and 5 apply to proposals 
133.36  subject to this subdivision. 
134.1      (c) A public utility must submit proposals to the 
134.2   commission to complete the biomass mandate.  The commission 
134.3   shall require a public utility subject to this section to issue 
134.4   a request for competitive proposals for projects for electric 
134.5   generation utilizing biomass as defined in paragraph (f) of this 
134.6   subdivision to provide the remaining megawatts of the mandate.  
134.7   The commission shall set an expedited schedule for submission of 
134.8   proposals to the utility, selection by the utility of proposals 
134.9   or projects, negotiation of contracts, and review by the 
134.10  commission of the contracts or projects submitted by the utility 
134.11  to the commission. 
134.12     (d) Notwithstanding the provisions of subdivisions 1 to 5 
134.13  but subject to the provisions of subdivisions 7 and 8, a new or 
134.14  existing facility proposed under this subdivision that is fueled 
134.15  either by biomass or by co-firing biomass with nonbiomass may 
134.16  satisfy the mandate in this section.  Such a facility need not 
134.17  use biomass that complies with the definition in subdivision 1 
134.18  if it uses biomass as defined in paragraph (f) of this 
134.19  subdivision.  Generating capacity produced by co-firing of 
134.20  biomass that is operational as of April 25, 2000, does not meet 
134.21  the requirements of the mandate, except that additional 
134.22  co-firing capacity added at an existing facility after April 25, 
134.23  2000, may be used to satisfy this mandate.  Only the number of 
134.24  megawatts of capacity at a facility which co-fires biomass that 
134.25  are directly attributable to the biomass and that become 
134.26  operational after April 25, 2000, count toward meeting the 
134.27  biomass mandate in this section. 
134.28     (e) Nothing in this subdivision precludes a facility 
134.29  proposed and approved under this subdivision from using fuel 
134.30  sources that are not biomass in compliance with subdivision 3. 
134.31     (f) Notwithstanding the provisions of subdivision 1, for 
134.32  proposals subject to this subdivision, "biomass" includes 
134.33  farm-grown closed-loop biomass; agricultural wastes, including 
134.34  animal, poultry, and plant wastes; and waste wood, including 
134.35  chipped wood, bark, brush, residue wood, and sawdust. 
134.36     (g) Nothing in this subdivision affects in any way 
135.1   contracts entered into as of April 25, 2000, to satisfy the 
135.2   mandate in subdivision 5.  
135.3      (h) Nothing in this subdivision requires a public utility 
135.4   to retrofit its own power plants for the purpose of co-firing 
135.5   biomass fuel, nor is a utility prohibited from retrofitting its 
135.6   own power plants for the purpose of co-firing biomass fuel to 
135.7   meet the requirements of this subdivision. 
135.8      Sec. 152.  Minnesota Statutes 2004, section 216B.2424, 
135.9   subdivision 8, is amended to read: 
135.10     Subd. 8.  [AGRICULTURAL BIOMASS REQUIREMENT.] Of the 125 
135.11  megawatts mandated in subdivision 5, or 110 megawatts mandated 
135.12  in subdivision 5a, at least 75 megawatts of the generating 
135.13  capacity must be generated by facilities that use agricultural 
135.14  biomass as the principal fuel source.  For purposes of this 
135.15  subdivision, agricultural biomass includes only farm-grown 
135.16  closed-loop biomass and agricultural waste, including animal, 
135.17  poultry, and plant wastes.  For purposes of this subdivision, 
135.18  "principal fuel source" means a fuel source that satisfies at 
135.19  least 75 percent of the fuel requirements of an electric power 
135.20  generating facility.  Nothing in this subdivision is intended to 
135.21  expand the fuel source requirements of subdivision 5. 
135.22     Sec. 153.  Minnesota Statutes 2004, section 282.08, is 
135.23  amended to read: 
135.24     282.08 [APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.] 
135.25     The net proceeds from the sale or rental of any parcel of 
135.26  forfeited land, or from the sale of products from the forfeited 
135.27  land, must be apportioned by the county auditor to the taxing 
135.28  districts interested in the land, as follows: 
135.29     (1) the amounts necessary to pay the state general tax levy 
135.30  against the parcel for taxes payable in the year for which the 
135.31  tax judgment was entered, and for each subsequent payable year 
135.32  up to and including the year of forfeiture, must be apportioned 
135.33  to the state; 
135.34     (2) the portion required to pay any amounts included in the 
135.35  appraised value under section 282.01, subdivision 3, as 
135.36  representing increased value due to any public improvement made 
136.1   after forfeiture of the parcel to the state, but not exceeding 
136.2   the amount certified by the clerk of the municipality must be 
136.3   apportioned to the municipal subdivision entitled to it; 
136.4      (3) the portion required to pay any amount included in the 
136.5   appraised value under section 282.019, subdivision 5, 
136.6   representing increased value due to response actions taken after 
136.7   forfeiture of the parcel to the state, but not exceeding the 
136.8   amount of expenses certified by the Pollution Control Agency or 
136.9   the commissioner of agriculture, must be apportioned to the 
136.10  agency or the commissioner of agriculture and deposited in the 
136.11  fund from which the expenses were paid; 
136.12     (4) the portion of the remainder required to discharge any 
136.13  special assessment chargeable against the parcel for drainage or 
136.14  other purpose whether due or deferred at the time of forfeiture, 
136.15  must be apportioned to the municipal subdivision entitled to it; 
136.16  and 
136.17     (5) any balance must be apportioned as follows: 
136.18     (i) The county board may annually by resolution set aside 
136.19  no more than 30 percent of the receipts remaining to be used for 
136.20  ~~timber~~ forest development on tax-forfeited land and dedicated 
136.21  memorial forests, to be expended under the supervision of the 
136.22  county board.  It must be expended only on projects ~~approved by~~ 
136.23  ~~the commissioner of natural resources~~ improving the health and 
136.24  management of the forest resource. 
136.25     (ii) The county board may annually by resolution set aside 
136.26  no more than 20 percent of the receipts remaining to be used for 
136.27  the acquisition and maintenance of county parks or recreational 
136.28  areas as defined in sections 398.31 to 398.36, to be expended 
136.29  under the supervision of the county board. 
136.30     (iii) Any balance remaining must be apportioned as 
136.31  follows:  county, 40 percent; town or city, 20 percent; and 
136.32  school district, 40 percent, provided, however, that in 
136.33  unorganized territory that portion which would have accrued to 
136.34  the township must be administered by the county board of 
136.35  commissioners. 
136.36     Sec. 154.  Minnesota Statutes 2004, section 282.38, 
137.1   subdivision 1, is amended to read: 
137.2      Subdivision 1.  [DEVELOPMENT.] In any county where the 
137.3   county board by proper resolution sets aside funds for ~~timber~~ 
137.4   forest development pursuant to section 282.08, 
137.5   clause ~~(3)(a)~~ (5), item (i), or section 459.06, subdivision 2, 
137.6   the ~~Commission~~ commissioner of Iron Range resources and 
137.7   rehabilitation may upon request of the county board assist said 
137.8   county in carrying out any project for the long range 
137.9   development of its ~~timber~~ forest resources through matching of 
137.10  funds or otherwise~~, provided that any such project shall first~~ 
137.11  ~~be approved by the commissioner of natural resources~~. 
137.12     Sec. 155.  Minnesota Statutes 2004, section 296A.18, 
137.13  subdivision 2, is amended to read: 
137.14     Subd. 2.  [MOTORBOAT.] Approximately 1-1/2 percent of all 
137.15  gasoline received in this state and 1-1/2 percent of all 
137.16  gasoline produced or brought into this state, except gasoline 
137.17  used for aviation purposes, is being used as fuel for the 
137.18  operation of motorboats on the waters of this state and of the 
137.19  total revenue derived from the imposition of the gasoline fuel 
137.20  tax for uses other than for aviation purposes, 1-1/2 percent of 
137.21  such revenues is the amount of tax on fuel used in motorboats 
137.22  operated on the waters of this state.  The amount of unrefunded 
137.23  tax paid on gasoline used for motor boat purposes as computed in 
137.24  this chapter shall be paid into the state treasury and credited 
137.25  to a water recreation account in the special revenue fund for 
137.26  acquisition, development, maintenance, and rehabilitation of 
137.27  sites for public access and boating facilities on public waters; 
137.28  lake and river improvement; ~~state park development;~~ and boat and 
137.29  water safety. 
137.30     Sec. 156.  Minnesota Statutes 2004, section 349.12, 
137.31  subdivision 25, is amended to read: 
137.32     Subd. 25.  [LAWFUL PURPOSE.] (a) "Lawful purpose" means one 
137.33  or more of the following:  
137.34     (1) any expenditure by or contribution to a 501(c)(3) or 
137.35  festival organization, as defined in subdivision 15a, provided 
137.36  that the organization and expenditure or contribution are in 
138.1   conformity with standards prescribed by the board under section 
138.2   349.154, which standards must apply to both types of 
138.3   organizations in the same manner and to the same extent; 
138.4      (2) a contribution to an individual or family suffering 
138.5   from poverty, homelessness, or physical or mental disability, 
138.6   which is used to relieve the effects of that poverty, 
138.7   homelessness, or disability; 
138.8      (3) a contribution to an individual for treatment for 
138.9   delayed posttraumatic stress syndrome or a contribution to a 
138.10  program recognized by the Minnesota Department of Human Services 
138.11  for the education, prevention, or treatment of compulsive 
138.12  gambling; 
138.13     (4) a contribution to or expenditure on a public or private 
138.14  nonprofit educational institution registered with or accredited 
138.15  by this state or any other state; 
138.16     (5) a contribution to a scholarship fund for defraying the 
138.17  cost of education to individuals where the funds are awarded 
138.18  through an open and fair selection process; 
138.19     (6) activities by an organization or a government entity 
138.20  which recognize humanitarian or military service to the United 
138.21  States, the state of Minnesota, or a community, subject to rules 
138.22  of the board, provided that the rules must not include mileage 
138.23  reimbursements in the computation of the per diem reimbursement 
138.24  limit and must impose no aggregate annual limit on the amount of 
138.25  reasonable and necessary expenditures made to support: 
138.26     (i) members of a military marching or color guard unit for 
138.27  activities conducted within the state; 
138.28     (ii) members of an organization solely for services 
138.29  performed by the members at funeral services; or 
138.30     (iii) members of military marching, color guard, or honor 
138.31  guard units may be reimbursed for participating in color guard, 
138.32  honor guard, or marching unit events within the state or states 
138.33  contiguous to Minnesota at a per participant rate of up to $35 
138.34  per diem; 
138.35     (7) recreational, community, and athletic facilities and 
138.36  activities intended primarily for persons under age 21, provided 
139.1   that such facilities and activities do not discriminate on the 
139.2   basis of gender and the organization complies with section 
139.3   349.154; 
139.4      (8) payment of local taxes authorized under this chapter, 
139.5   taxes imposed by the United States on receipts from lawful 
139.6   gambling, the taxes imposed by section 297E.02, subdivisions 1, 
139.7   4, 5, and 6, and the tax imposed on unrelated business income by 
139.8   section 290.05, subdivision 3; 
139.9      (9) payment of real estate taxes and assessments on 
139.10  permitted gambling premises wholly owned by the licensed 
139.11  organization paying the taxes, or wholly leased by a licensed 
139.12  veterans organization under a national charter recognized under 
139.13  section 501(c)(19) of the Internal Revenue Code, not to exceed: 
139.14     (i) for premises used for bingo, the amount that an 
139.15  organization may expend under board rules on rent for bingo; and 
139.16     (ii) $35,000 per year for premises used for other forms of 
139.17  lawful gambling; 
139.18     (10) a contribution to the United States, this state or any 
139.19  of its political subdivisions, or any agency or instrumentality 
139.20  thereof other than a direct contribution to a law enforcement or 
139.21  prosecutorial agency; 
139.22     (11) a contribution to or expenditure by a nonprofit 
139.23  organization which is a church or body of communicants gathered 
139.24  in common membership for mutual support and edification in 
139.25  piety, worship, or religious observances; 
139.26     (12) payment of the reasonable costs of an audit required 
139.27  in section 297E.06, subdivision 4, provided the annual audit is 
139.28  filed in a timely manner with the Department of Revenue; 
139.29     (13) a contribution to or expenditure on ~~a wildlife~~ 
139.30  ~~management project that benefits the public at-large, provided~~ 
139.31  ~~that the state agency with authority over that wildlife~~ 
139.32  ~~management project approves the project before the contribution~~ 
139.33  ~~or expenditure is made;~~ 
139.34     ~~(14) expenditures, approved by the commissioner of natural~~ 
139.35  ~~resources, by an organization for grooming and maintaining~~ 
139.36  ~~snowmobile trails and all-terrain vehicle trails that are (1)~~ 
140.1   ~~grant-in-aid trails established under section 85.019, or (2)~~ 
140.2   ~~other trails open to public use, including purchase or lease of~~ 
140.3   ~~equipment for this purpose;~~ projects or activities approved by 
140.4   the commissioner of natural resources for: 
140.5      (i) wildlife management projects that benefit the public at 
140.6   large; 
140.7      (ii) grant-in-aid trail maintenance and grooming 
140.8   established under sections 84.83 and 84.927 and other trails 
140.9   open to public use, including purchase or lease of equipment for 
140.10  this purpose; or 
140.11     (iii) supplies and materials for safety training and 
140.12  educational programs coordinated by the Department of Natural 
140.13  Resources, including the Enforcement Division; 
140.14     ~~(15)~~ (14) conducting nutritional programs, food shelves, 
140.15  and congregate dining programs primarily for persons who are age 
140.16  62 or older or disabled; 
140.17     ~~(16)~~ (15) a contribution to a community arts organization, 
140.18  or an expenditure to sponsor arts programs in the community, 
140.19  including but not limited to visual, literary, performing, or 
140.20  musical arts; 
140.21     ~~(17)~~ (16) an expenditure by a licensed veterans 
140.22  organization for payment of water, fuel for heating, 
140.23  electricity, and sewer costs for a building wholly owned or 
140.24  wholly leased by and used as the primary headquarters of the 
140.25  licensed veterans organization; 
140.26     ~~(18)~~ (17) expenditure by a licensed veterans organization 
140.27  of up to $5,000 in a calendar year in net costs to the 
140.28  organization for meals and other membership events, limited to 
140.29  members and spouses, held in recognition of military service.  
140.30  No more than $5,000 can be expended in total per calendar year 
140.31  under this clause by all licensed veterans organizations sharing 
140.32  the same veterans post home; or 
140.33     ~~(19)~~ (18) payment of fees authorized under this chapter 
140.34  imposed by the state of Minnesota to conduct lawful gambling in 
140.35  Minnesota. 
140.36     (b) Notwithstanding paragraph (a), "lawful purpose" does 
141.1   not include: 
141.2      (1) any expenditure made or incurred for the purpose of 
141.3   influencing the nomination or election of a candidate for public 
141.4   office or for the purpose of promoting or defeating a ballot 
141.5   question; 
141.6      (2) any activity intended to influence an election or a 
141.7   governmental decision-making process; 
141.8      (3) the erection, acquisition, improvement, expansion, 
141.9   repair, or maintenance of real property or capital assets owned 
141.10  or leased by an organization, unless the board has first 
141.11  specifically authorized the expenditures after finding that (i) 
141.12  the real property or capital assets will be used exclusively for 
141.13  one or more of the purposes in paragraph (a); (ii) with respect 
141.14  to expenditures for repair or maintenance only, that the 
141.15  property is or will be used extensively as a meeting place or 
141.16  event location by other nonprofit organizations or community or 
141.17  service groups and that no rental fee is charged for the use; 
141.18  (iii) with respect to expenditures, including a mortgage payment 
141.19  or other debt service payment, for erection or acquisition only, 
141.20  that the erection or acquisition is necessary to replace with a 
141.21  comparable building, a building owned by the organization and 
141.22  destroyed or made uninhabitable by fire or natural disaster, 
141.23  provided that the expenditure may be only for that part of the 
141.24  replacement cost not reimbursed by insurance; (iv) with respect 
141.25  to expenditures, including a mortgage payment or other debt 
141.26  service payment, for erection or acquisition only, that the 
141.27  erection or acquisition is necessary to replace with a 
141.28  comparable building a building owned by the organization that 
141.29  was acquired from the organization by eminent domain or sold by 
141.30  the organization to a purchaser that the organization reasonably 
141.31  believed would otherwise have acquired the building by eminent 
141.32  domain, provided that the expenditure may be only for that part 
141.33  of the replacement cost that exceeds the compensation received 
141.34  by the organization for the building being replaced; or (v) with 
141.35  respect to an expenditure to bring an existing building into 
141.36  compliance with the Americans with Disabilities Act under item 
142.1   (ii), an organization has the option to apply the amount of the 
142.2   board-approved expenditure to the erection or acquisition of a 
142.3   replacement building that is in compliance with the Americans 
142.4   with Disabilities Act; 
142.5      (4) an expenditure by an organization which is a 
142.6   contribution to a parent organization, foundation, or affiliate 
142.7   of the contributing organization, if the parent organization, 
142.8   foundation, or affiliate has provided to the contributing 
142.9   organization within one year of the contribution any money, 
142.10  grants, property, or other thing of value; 
142.11     (5) a contribution by a licensed organization to another 
142.12  licensed organization unless the board has specifically 
142.13  authorized the contribution.  The board must authorize such a 
142.14  contribution when requested to do so by the contributing 
142.15  organization unless it makes an affirmative finding that the 
142.16  contribution will not be used by the recipient organization for 
142.17  one or more of the purposes in paragraph (a); or 
142.18     (6) a contribution to a statutory or home rule charter 
142.19  city, county, or town by a licensed organization with the 
142.20  knowledge that the governmental unit intends to use the 
142.21  contribution for a pension or retirement fund. 
142.22     Sec. 157.  Minnesota Statutes 2004, section 462.357, 
142.23  subdivision 1e, is amended to read: 
142.24     Subd. 1e.  [NONCONFORMITIES.] (a) Any nonconformity, 
142.25  including the lawful use or occupation of land or premises 
142.26  existing at the time of the adoption of an additional control 
142.27  under this chapter, may be continued, including through repair, 
142.28  replacement, restoration, maintenance, or improvement, but not 
142.29  including expansion, unless: 
142.30     (1) the nonconformity or occupancy is discontinued for a 
142.31  period of more than one year; or 
142.32     (2) any nonconforming use is destroyed by fire or other 
142.33  peril to the extent of greater than 50 percent of its market 
142.34  value, and no building permit has been applied for within 180 
142.35  days of when the property is damaged.  In this case, a 
142.36  municipality may impose reasonable conditions upon a building 
143.1   permit in order to mitigate any newly created impact on adjacent 
143.2   property. 
143.3      (b) Any subsequent use or occupancy of the land or premises 
143.4   shall be a conforming use or occupancy.  A municipality may, by 
143.5   ordinance, permit an expansion or impose upon nonconformities 
143.6   reasonable regulations to prevent and abate nuisances and to 
143.7   protect the public health, welfare, or safety.  This subdivision 
143.8   does not prohibit a municipality from enforcing an ordinance 
143.9   that applies to adults-only bookstores, adults-only theaters, or 
143.10  similar adults-only businesses, as defined by ordinance. 
143.11     (c) Notwithstanding paragraph (a), a municipality shall 
143.12  regulate the repair, replacement, maintenance, improvement, or 
143.13  expansion of nonconforming uses and structures in floodplain 
143.14  areas to the extent necessary to maintain eligibility in the 
143.15  National Flood Insurance Program and not increase flood damage 
143.16  potential or increase the degree of obstruction to flood flows 
143.17  in the floodway. 
143.18     Sec. 158.  [473.1565] [METROPOLITAN AREA WATER SUPPLY 
143.19  PLANNING ACTIVITIES; ADVISORY COMMITTEE.] 
143.20     Subdivision 1.  [PLANNING ACTIVITIES.] (a) The Metropolitan 
143.21  Council must carry out planning activities addressing the water 
143.22  supply needs of the metropolitan area as defined in section 
143.23  473.121, subdivision 2.  The planning activities must include, 
143.24  at a minimum: 
143.25     (1) development and maintenance of a base of technical 
143.26  information needed for sound water supply decisions including 
143.27  surface and groundwater availability analyses, water demand 
143.28  projections, water withdrawal and use impact analyses, modeling, 
143.29  and similar studies; 
143.30     (2) development and periodic update of a metropolitan area 
143.31  master water supply plan that: 
143.32     (i) provides guidance for local water supply systems and 
143.33  future regional investments; 
143.34     (ii) emphasizes conservation, interjurisdictional 
143.35  cooperation, and long-term sustainability; and 
143.36     (iii) addresses the reliability, security, and 
144.1   cost-effectiveness of the metropolitan area water supply system 
144.2   and its local and subregional components; 
144.3      (3) recommendations for clarifying the appropriate roles 
144.4   and responsibilities of local, regional, and state government in 
144.5   metropolitan area water supply; 
144.6      (4) recommendations for streamlining and consolidating 
144.7   metropolitan area water supply decision-making and approval 
144.8   processes; and 
144.9      (5) recommendations for the ongoing and long-term funding 
144.10  of metropolitan area water supply planning activities and 
144.11  capital investments. 
144.12     (b) The council must carry out the planning activities in 
144.13  this subdivision in consultation with the metropolitan area 
144.14  water supply advisory committee established in subdivision 2. 
144.15     Subd. 2.  [ADVISORY COMMITTEE.] (a) A metropolitan area 
144.16  water supply advisory committee is established to assist the 
144.17  council in its planning activities in subdivision 1.  The 
144.18  advisory committee has the following membership: 
144.19     (1) the commissioner of agriculture or the commissioner's 
144.20  designee; 
144.21     (2) the commissioner of health or the commissioner's 
144.22  designee; 
144.23     (3) the commissioner of natural resources or the 
144.24  commissioner's designee; 
144.25     (4) the commissioner of the pollution control agency or the 
144.26  commissioner's designee; 
144.27     (5) two officials of counties that are located in the 
144.28  metropolitan area, appointed by the governor; 
144.29     (6) five officials of noncounty local governmental units 
144.30  that are located in the metropolitan area, appointed by the 
144.31  governor; and 
144.32     (7) the chair of the Metropolitan Council or the chair's 
144.33  designee, who is chair of the advisory committee. 
144.34     A local government unit in each of the seven counties in 
144.35  the metropolitan area must be represented in the seven 
144.36  appointments made under clauses (5) and (6). 
145.1      (b) Members of the advisory committee appointed by the 
145.2   governor serve at the pleasure of the governor.  Members of the 
145.3   advisory committee serve without compensation but may be 
145.4   reimbursed for their reasonable expenses as determined by the 
145.5   Metropolitan Council.  The advisory committee expires December 
145.6   31, 2007. 
145.7      (c) The council must consider the work and recommendations 
145.8   of the advisory committee when the council is preparing its 
145.9   regional development framework. 
145.10     Subd. 3.  [REPORTS TO LEGISLATURE.] The council must submit 
145.11  reports to the legislature regarding its findings, 
145.12  recommendations, and continuing planning activities under 
145.13  subdivision 1.  The first report must be submitted to the 
145.14  legislature by the date the legislature convenes in 2007 and 
145.15  subsequent reports must be submitted by such date every five 
145.16  years thereafter. 
145.17     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
145.18  following final enactment and applies in the counties of Anoka, 
145.19  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
145.20     Sec. 159.  Minnesota Statutes 2004, section 477A.12, is 
145.21  amended by adding a subdivision to read: 
145.22     Subd. 4.  [ANNUAL APPROPRIATION FOR FISCAL YEAR 2007 AND 
145.23  EACH YEAR THEREAFTER.] Notwithstanding subdivision 3, for the 
145.24  payment made in fiscal year 2007 and each year thereafter, the 
145.25  appraised value of acquired natural resources land that was 
145.26  acquired or received prior to July 1, 2004, shall be the value 
145.27  used for the payment made in fiscal year 2006. 
145.28     Sec. 160.  Minnesota Statutes 2004, section 477A.145, is 
145.29  amended to read: 
145.30     477A.145 [INFLATION ADJUSTMENT.] 
145.31     Subdivision 1.  [INFLATION ADJUSTMENT CALCULATION.] In 2001 
145.32  and each year thereafter, the amounts required to be adjusted 
145.33  for inflation in sections 477A.12 and 477A.14 shall be increased 
145.34  to an amount equal to:  (1) the amount before the inflation 
145.35  adjustment multiplied by (2) one plus the percentage increase in 
145.36  the implicit price deflator for government consumption 
146.1   expenditures and gross investment for state and local 
146.2   governments prepared by the Bureau of Economic Analysis of the 
146.3   United States Department of Commerce for the period indicated 
146.4   below:  
146.5      (i) the period starting with the first quarter of 1994 and 
146.6   ending with the third quarter of the calendar year prior to the 
146.7   year in which aid is paid, provided that lands acquired by the 
146.8   state under chapter 84A that are designated as state parks, 
146.9   state recreation areas, scientific and natural areas, or 
146.10  wildlife management areas are included in the definition of 
146.11  acquired natural resource land under section 477A.11 for 
146.12  calculating payments in calendar year 2001 and thereafter; 
146.13     (ii) otherwise the period starting with the first quarter 
146.14  of 1987 and ending with the third quarter of the calendar year 
146.15  prior to the year in which the aid is paid.  
146.16  These adjusted amounts must be rounded to the nearest one-tenth 
146.17  of a cent. 
146.18     Subd. 2.  [ADJUSTMENTS FOR FISCAL YEAR 2007 AND EACH YEAR 
146.19  THEREAFTER.] Notwithstanding subdivision 1, for the payments 
146.20  made in fiscal year 2007 and each year thereafter, the inflation 
146.21  adjustments shall be the amounts determined for the payment made 
146.22  in fiscal year 2006. 
146.23     Sec. 161.  Laws 2003, chapter 128, article 1, section 5, 
146.24  subdivision 6, is amended to read: 
146.25  Subd. 6.  Trails and Waterways
146.26  Management
146.27      24,060,000     21,173,000 
146.28                Summary by Fund
146.29  General               1,234,000     1,234,000
146.30  Natural Resources    20,655,000    18,255,000
146.31  Game and Fish         2,171,000     1,684,000
146.32  $5,724,000 the first year and 
146.33  $5,724,000 the second year are from the 
146.34  snowmobile trails and enforcement 
146.35  account in the natural resources fund 
146.36  for snowmobile grants-in-aid. 
146.37  $261,000 the first year and $261,000 
146.38  the second year are from the water 
146.39  recreation account in the natural 
146.40  resources fund for a safe harbor 
147.1   program on Lake Superior. 
147.2   $690,000 the first year and $690,000 
147.3   the second year are from the natural 
147.4   resources fund for state trail 
147.5   operations.  This appropriation is from 
147.6   the revenue deposited to the natural 
147.7   resources fund under Minnesota 
147.8   Statutes, section 297A.94, paragraph 
147.9   (e), clause (2).  This is a onetime 
147.10  appropriation. 
147.11  $553,000 the first year and $553,000 
147.12  the second year are from the natural 
147.13  resources fund for trail grants to 
147.14  local units of government on land to be 
147.15  maintained for at least 20 years for 
147.16  the purposes of the grant.  This 
147.17  appropriation is from the revenue 
147.18  deposited to the natural resources fund 
147.19  under Minnesota Statutes, section 
147.20  297A.94, paragraph (e), clause (4).  
147.21  This is a onetime appropriation. 
147.22  The appropriation in Laws 2001, First 
147.23  Special Session chapter 2, section 5, 
147.24  subdivision 6, from the water 
147.25  recreation account in the natural 
147.26  resources fund for preconstruction, 
147.27  acquisition, and staffing needs for the 
147.28  Mississippi Whitewater trail authorized 
147.29  by Minnesota Statutes, section 85.0156, 
147.30  is available until June 30, 2005. 
147.31  Upon a showing of need, the 
147.32  commissioner of natural resources may 
147.33  use up to 50 percent of a snowmobile 
147.34  maintenance and grooming grant under 
147.35  Minnesota Statutes, section 84.83, that 
147.36  was available as of December 31, 2002, 
147.37  to reimburse the intended recipient for 
147.38  expenses incurred in the purchase or 
147.39  lease of snowmobile trail grooming 
147.40  equipment to be used for grant-in-aid 
147.41  trails.  The costs must be incurred 
147.42  between July 1, 2002, and June 30, 
147.43  2003, and recipients must provide 
147.44  acceptable documentation of the costs 
147.45  to the commissioner.  All applications 
147.46  for reimbursement under this section 
147.47  must be received no later than 
147.48  September 1, 2003. 
147.49  $1,000,000 the first year and $600,000 
147.50  the second year are from the natural 
147.51  resources fund for off-highway vehicle 
147.52  trail designation, development, 
147.53  maintenance, and repair.  Of this 
147.54  amount, $600,000 the first year and 
147.55  $360,000 the second year are from the 
147.56  all-terrain vehicle account, $50,000 
147.57  the first year and $30,000 the second 
147.58  year are from the off-highway 
147.59  motorcycle account, and $350,000 the 
147.60  first year and $210,000 the second year 
147.61  are from the off-road vehicle account. 
147.62  $1,000,000 the first year is from the 
147.63  natural resources fund for the Iron 
147.64  Range off-highway vehicle recreation 
147.65  area.  Of this amount, $600,000 is from 
148.1   the all-terrain vehicle account, 
148.2   $350,000 is from the off-road vehicle 
148.3   account, and $50,000 is from the 
148.4   off-highway motorcycle account.  This 
148.5   appropriation is available until 
148.6   expended. 
148.7   By August 1, 2003, the commissioner of 
148.8   finance shall transfer $475,000 from 
148.9   the all-terrain vehicle account, 
148.10  $20,000 from the off-highway motorcycle 
148.11  account, and $5,000 from the off-road 
148.12  vehicle account to the off-highway 
148.13  vehicle damage account in Minnesota 
148.14  Statutes, section 84.780. 
148.15  $300,000 is from the snowmobile trails 
148.16  and enforcement account in the natural 
148.17  resources fund to acquire permanent 
148.18  easements for a snowmobile trail to 
148.19  connect the Willard Munger State Trail 
148.20  in Hermantown to the North Shore State 
148.21  Trail in Duluth.  This is a onetime 
148.22  appropriation and is available until 
148.23  expended. 
148.24  $700,000 the first year is from the 
148.25  water recreation account in the natural 
148.26  resources fund for a cooperative 
148.27  project with the U.S. Army Corps of 
148.28  Engineers to develop the Mississippi 
148.29  Whitewater Park.  Of this amount, 
148.30  $525,000 is available to provide a 
148.31  match for $975,000 of federal funds, in 
148.32  a ratio of 65 percent federal to 35 
148.33  percent state, for construction design 
148.34  development.  $175,000 is available for 
148.35  use by the department for project 
148.36  management, including costs for the 
148.37  project review team, real estate 
148.38  acquisition, staff coordination of the 
148.39  project, and legal services. 
148.40  The appropriation in this subdivision 
148.41  from the water recreation account in 
148.42  the natural resources fund for a 
148.43  cooperative project with the U.S. Army 
148.44  Corps of Engineers to develop the 
148.45  Mississippi Whitewater Park authorized 
148.46  by Minnesota Statutes, section 85.0156, 
148.47  is available until June 30, 2007. 
148.48     Sec. 162.  Laws 2003, chapter 128, article 1, section 9, 
148.49  subdivision 6, is amended to read: 
148.50  Subd. 6.  Recreation                   7,622,000      5,870,000 
148.51                Summary by Fund
148.52  Trust Fund            5,622,000     5,870,000
148.53  State Land and Conservation 
148.54  Account (LAWCON)      2,000,000
148.55  (a) State Park and Recreation Area Land 
148.56  Acquisition 
148.57  $750,000 the first year and $750,000 
148.58  the second year are from the trust fund 
148.59  to the commissioner of natural 
149.1   resources to acquire in-holdings for 
149.2   state park and recreation areas.  Land 
149.3   acquired with this appropriation must 
149.4   be sufficiently improved to meet at 
149.5   least minimum management standards as 
149.6   determined by the commissioner of 
149.7   natural resources.  This appropriation 
149.8   is available until June 30, 2006, at 
149.9   which time the project must be 
149.10  completed and final products delivered, 
149.11  unless an earlier date is specified in 
149.12  the work program. 
149.13  (b) LAWCON Federal Reimbursements 
149.14  $2,000,000 is from the state land and 
149.15  water conservation account (LAWCON) in 
149.16  the natural resources fund to the 
149.17  commissioner of natural resources for 
149.18  eligible state projects and 
149.19  administrative and planning activities 
149.20  consistent with Minnesota Statutes, 
149.21  section 116P.14, and the federal Land 
149.22  and Water Conservation Fund Act.  This 
149.23  appropriation is contingent upon 
149.24  receipt of the federal obligation and 
149.25  remains available until June 30, 2006, 
149.26  at which time the project must be 
149.27  completed and final products delivered, 
149.28  unless an earlier date is specified in 
149.29  the work program. 
149.30  (c) Local Initiative Grants-Parks and 
149.31  Natural Areas 
149.32  $1,290,000 the first year and 
149.33  $1,289,000 the second year are from the 
149.34  trust fund to the commissioner of 
149.35  natural resources for matching grants 
149.36  to local governments for acquisition 
149.37  and development of natural and scenic 
149.38  areas and local parks as provided in 
149.39  Minnesota Statutes, section 85.019, 
149.40  subdivisions 2 and 4a, and regional 
149.41  parks outside of the metropolitan 
149.42  area.  Grants may provide up to 50 
149.43  percent of the nonfederal share of the 
149.44  project cost, except nonmetropolitan 
149.45  regional park grants may provide up to 
149.46  60 percent of the nonfederal share of 
149.47  the project cost.  The commission will 
149.48  monitor the grants for approximate 
149.49  balance over extended periods of time 
149.50  between the metropolitan area, under 
149.51  Minnesota Statutes, section 473.121, 
149.52  subdivision 2, and the nonmetropolitan 
149.53  area through work program oversight and 
149.54  periodic allocation decisions.  For the 
149.55  purposes of this paragraph, the match 
149.56  must be a nonstate contribution, but 
149.57  may be either cash or qualifying 
149.58  in-kind.  Recipients may receive 
149.59  funding for more than one project in 
149.60  any given grant period.  This 
149.61  appropriation is available until June 
149.62  30, 2006, at which time the project 
149.63  must be completed and final products 
149.64  delivered. 
149.65  (d) Metropolitan Regional Parks 
149.66  Acquisition, Rehabilitation, and 
150.1   Development 
150.2   $1,670,000 the first year and 
150.3   $1,669,000 the second year are from the 
150.4   trust fund to the commissioner of 
150.5   natural resources for an agreement with 
150.6   the metropolitan council for subgrants 
150.7   for the acquisition, development, and 
150.8   rehabilitation in the metropolitan 
150.9   regional park system, consistent with 
150.10  the metropolitan council regional 
150.11  recreation open space capital 
150.12  improvement plan.  This appropriation 
150.13  may not be used for the purchase of 
150.14  residential structures.  This 
150.15  appropriation may be used to reimburse 
150.16  implementing agencies for acquisition 
150.17  of nonresidential property as expressly 
150.18  approved in the work program.  This 
150.19  appropriation is available until June 
150.20  30, 2006, at which time the project 
150.21  must be completed and final products 
150.22  delivered, unless an earlier date is 
150.23  specified in the work program.  In 
150.24  addition, if a project financed under 
150.25  this program receives a federal grant, 
150.26  the availability of the financing from 
150.27  this paragraph for that project is 
150.28  extended to equal the period of the 
150.29  federal grant. 
150.30  (e) Local and Regional Trail Grant 
150.31  Initiative Program 
150.32  $160,000 the first year and $160,000 
150.33  the second year are from the trust fund 
150.34  to the commissioner of natural 
150.35  resources to provide matching grants to 
150.36  local units of government for the cost 
150.37  of acquisition, development, 
150.38  engineering services, and enhancement 
150.39  of existing and new trail facilities.  
150.40  This appropriation is available until 
150.41  June 30, 2006, at which time the 
150.42  project must be completed and final 
150.43  products delivered, unless an earlier 
150.44  date is specified in the work program.  
150.45  In addition, if a project financed 
150.46  under this program receives a federal 
150.47  grant, the availability of the 
150.48  financing from this paragraph for that 
150.49  project is extended to equal the period 
150.50  of the federal grant.  
150.51  (f) Gitchi-Gami State Trail 
150.52  $650,000 the first year and $650,000 
150.53  the second year are from the trust fund 
150.54  to the commissioner of natural 
150.55  resources, in cooperation with the 
150.56  Gitchi-Gami Trail Association, for the 
150.57  third biennium, to design and construct 
150.58  approximately five miles of Gitchi-Gami 
150.59  state trail segments.  This 
150.60  appropriation must be matched by at 
150.61  least $400,000 of nonstate money.  The 
150.62  availability of the financing from this 
150.63  paragraph is extended to equal the 
150.64  period of any federal money received. 
150.65  (g) Water Recreation:  Boat Access, 
151.1   Fishing Piers, and Shore-fishing 
151.2   $450,000 the first year and $700,000 
151.3   the second year are from the trust fund 
151.4   to the commissioner of natural 
151.5   resources to acquire and develop public 
151.6   water access sites statewide, construct 
151.7   shore-fishing and pier sites, and 
151.8   restore shorelands at public accesses.  
151.9   This appropriation is available until 
151.10  June 30, 2006, at which time the 
151.11  project must be completed and final 
151.12  products delivered, unless an earlier 
151.13  date is specified in the work program. 
151.14  (h) Mesabi Trail 
151.15  $190,000 the first year and $190,000 
151.16  the second year are from the trust fund 
151.17  to the commissioner of natural 
151.18  resources for an agreement with St. 
151.19  Louis and Lake Counties Regional Rail 
151.20  Authority for the sixth biennium to 
151.21  acquire and develop segments of the 
151.22  Mesabi trail.  If a federal grant is 
151.23  received, the availability of the 
151.24  financing from this paragraph is 
151.25  extended to equal the period of the 
151.26  federal grant. 
151.27  (i) Linking Communities Design, 
151.28  Technology, and DNR Trail Resources 
151.29  $92,000 the first year and $92,000 the 
151.30  second year are from the trust fund to 
151.31  the commissioner of natural resources 
151.32  for an agreement with the University of 
151.33  Minnesota to provide designs for up to 
151.34  three state trails incorporating 
151.35  recreation, natural, and cultural 
151.36  features. 
151.37  (j) Ft. Ridgley Historic Site 
151.38  Interpretive Trail 
151.39  $75,000 the first year and $75,000 the 
151.40  second year are from the trust fund to 
151.41  the Minnesota historical society to 
151.42  construct a trail through the original 
151.43  fort site and install interpretive 
151.44  markers.  This appropriation is 
151.45  available until June 30, 2006, at which 
151.46  time the project must be completed and 
151.47  final products delivered, unless an 
151.48  earlier date is specified in the work 
151.49  program. 
151.50  (k) Development and Rehabilitation of 
151.51  Minnesota Shooting Ranges 
151.52  $120,000 the first year and $120,000 
151.53  the second year are from the trust fund 
151.54  to the commissioner of natural 
151.55  resources to provide technical 
151.56  assistance and matching cost-share 
151.57  grants to local recreational shooting 
151.58  and archery clubs for the purpose of 
151.59  developing or rehabilitating shooting 
151.60  and archery facilities for public use.  
151.61  Recipient facilities must be open to 
151.62  the general public at reasonable times 
152.1   and for a reasonable fee on a walk-in 
152.2   basis.  This appropriation is available 
152.3   until June 30, 2006, at which time the 
152.4   project must be completed and final 
152.5   products delivered, unless an earlier 
152.6   date is specified in the work program.  
152.7   (l) Land Acquisition, Minnesota 
152.8   Landscape Arboretum 
152.9   $175,000 the first year and $175,000 
152.10  the second year are from the trust fund 
152.11  to the University of Minnesota for an 
152.12  agreement with the University of 
152.13  Minnesota Landscape Arboretum 
152.14  Foundation for the fifth biennium to 
152.15  acquire ~~in-holdings within the~~ 
152.16  ~~arboretum's boundary~~ land from willing 
152.17  sellers.  This appropriation must be 
152.18  matched by an equal amount of nonstate 
152.19  money.  This appropriation is available 
152.20  until June 30, 2006, at which time the 
152.21  project must be completed and final 
152.22  products delivered, unless an earlier 
152.23  date is specified in the work program. 
152.24     Sec. 163.  Laws 2003, chapter 128, article 1, section 167, 
152.25  subdivision 1, is amended to read: 
152.26     Subdivision 1.  [FOREST CLASSIFICATION STATUS REVIEW.] (a) 
152.27  By December 31, 2006, the commissioner of natural resources 
152.28  shall complete a review of the forest classification status of 
152.29  all state forests classified as managed or limited, all forest 
152.30  lands under the authority of the commissioner as defined in 
152.31  Minnesota Statutes, section 89.001, subdivision 13, and lands 
152.32  managed by the commissioner under Minnesota Statutes, section 
152.33  282.011.  The review must be conducted on a forest-by-forest and 
152.34  area-by-area basis in accordance with the process and criteria 
152.35  under Minnesota Rules, part 6100.1950.  After each forest is 
152.36  reviewed, the commissioner must change its status to limited or 
152.37  closed, and must provide a similar status for each of the other 
152.38  areas subject to review under this section after each individual 
152.39  review is completed.  
152.40     (b) If the commissioner determines on January 1, 2005, that 
152.41  the review required under this section cannot be completed by 
152.42  December 31, 2006, the completion date for the review shall be 
152.43  extended to December 31, 2008.  By January 15, 2005, the 
152.44  commissioner shall report to the chairs of the legislative 
152.45  committees with jurisdiction over natural resources policy and 
152.46  finance regarding the status of the process required by this 
153.1   section.  
153.2      (c) Until December 31, 2010, the state forests and areas 
153.3   subject to review under this section are exempt from Minnesota 
153.4   Statutes, section 84.777, unless an individual forest or area 
153.5   has been classified as limited or closed. 
153.6      (d) This subdivision does not apply to forest lands north 
153.7   of U.S. Highway 2.  All forest lands under the authority of the 
153.8   commissioner as defined in Minnesota Statutes, section 89.001, 
153.9   subdivision 13, and lands managed by the commissioner under 
153.10  Minnesota Statutes, section 282.011, that are north of U.S. 
153.11  Highway 2 shall maintain their present classification unless the 
153.12  commissioner reclassifies the lands under Minnesota Rules, part 
153.13  6100.1950.  
153.14     Sec. 164.  Laws 2004, chapter 220, section 1, is amended to 
153.15  read: 
153.16     Section 1.  [ENVIRONMENTAL REVIEW; IRON NUGGET PRODUCTION 
153.17  SCALE DEMONSTRATION FACILITY EXEMPTION.] 
153.18     (a) The first iron nugget production scale demonstration 
153.19  facility that meets all of the criteria in this section shall be 
153.20  exempt from environmental review under Minnesota Statutes, 
153.21  chapter 116D and Minnesota Rules, chapter 4410.  The qualifying 
153.22  project must: 
153.23     (1) be the first iron nugget production scale demonstration 
153.24  facility in Minnesota; 
153.25     (2) involve a single rotary hearth furnace of maximum 
153.26  ~~outside~~ pitch circle diameter, as measured from the midpoint of 
153.27  hearth to the midpoint of hearth, of 60 meters; 
153.28     (3) be located outside the area adjacent to the north shore 
153.29  of Lake Superior classified as the lake orientation zone in the 
153.30  Department of Natural Resources report entitled "North Shore 
153.31  Characterization Study"; and 
153.32     (4) have complete permit applications submitted to the 
153.33  appropriate state agencies ~~in calendar year 2004~~ by June 30, 
153.34  2005, for all permits required to construct and operate the 
153.35  facility. 
153.36     (b) The Department of Natural Resources, the Environmental 
154.1   Quality Board, the Pollution Control Agency, and any other state 
154.2   agency with applicable permit-granting authority shall provide 
154.3   public notice for any necessary permits for the iron nugget 
154.4   production scale demonstration facility within four months of 
154.5   receiving complete applications. 
154.6      (c) If the first iron nugget production scale demonstration 
154.7   facility to qualify for this exemption is proposed at a 
154.8   stationary source that has permitted taconite pellet furnaces, 
154.9   permanent shutdown of those pellet furnaces, prior to start-up 
154.10  of the iron nugget production scale demonstration facility, 
154.11  shall be a requirement in the iron nugget production scale 
154.12  demonstration facility air quality permit.  The shutdown of 
154.13  these furnaces shall not be creditable in calculating the "net 
154.14  emissions increase," as defined in Code of Federal Regulations, 
154.15  title 40, section 52.21, for this project. 
154.16     (d) The Pollution Control Agency shall strive in the 
154.17  permitting process to assure the lowest mercury emissions 
154.18  reasonably possible. 
154.19     (e) Permit applications must comply with applicable law, 
154.20  except that an iron nugget production scale demonstration 
154.21  facility that meets the criteria in this section is exempt from 
154.22  environmental review under Minnesota Statutes, chapter 116D and 
154.23  Minnesota Rules, chapter 4410, and the company is not required 
154.24  to perform an environmental review before permits are issued for 
154.25  the iron nugget production scale demonstration facility.  
154.26     (f) The construction and operation of the iron nugget 
154.27  production scale demonstration facility will demonstrate whether 
154.28  the technology is technically and economically feasible at this 
154.29  larger scale.  Environmental data from the operation of the iron 
154.30  nugget production scale demonstration facility may be used in 
154.31  the environmental review and permitting of commercial scale 
154.32  facilities built elsewhere in Minnesota. 
154.33     (g) The exemption does not affect any existing permit 
154.34  requirement that may require environmental review for a 
154.35  commercial scale iron nugget facility at an existing taconite 
154.36  facility located within the area adjacent to the north shore of 
155.1   Lake Superior classified as the lake orientation zone in the 
155.2   Department of Natural Resources report entitled "North Shore 
155.3   Characterization Study." 
155.4      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
155.5   following final enactment. 
155.6      Sec. 165.  [CONTINUATION OF AGREEMENTS.] 
155.7      An agreement entered into between the Metropolitan Council 
155.8   and a participant in the credit enhancement program under 
155.9   Minnesota Statutes 2004, section 473.197, subdivision 5, with 
155.10  respect to bonds issued prior to the effective date of this 
155.11  section, shall continue in effect in accordance with its terms; 
155.12  provided that no provision in such agreement shall be construed 
155.13  to require or allow the council to pledge its full faith and 
155.14  credit and taxing powers to the payment of additional bonds 
155.15  issued after the effective date of this section. 
155.16     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
155.17  following final enactment and applies in the counties of Anoka, 
155.18  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
155.19     Sec. 166.  [USE OF CREDIT ENHANCEMENT PROGRAM FUNDS.] 
155.20     The Metropolitan Council must transfer any funds 
155.21  originating from the proceeds of solid waste bonds and available 
155.22  for the credit enhancement program under Minnesota Statutes 
155.23  2004, section 473.197, subdivision 4, to the council's general 
155.24  fund to the extent such funds are no longer pledged or otherwise 
155.25  needed by the council to maintain a debt reserve fund as 
155.26  provided for in ongoing Minnesota Statutes, section 473.197, 
155.27  subdivision 4.  The council must first use the transferred funds 
155.28  for carrying out the metropolitan area water supply planning 
155.29  activities required by Minnesota Statutes, section 473.1565, for 
155.30  staff support of the advisory committee established under that 
155.31  section, and for related purposes.  If the council determines 
155.32  that the transferred funds are no longer needed for such 
155.33  purposes, the council may use any such funds for any general 
155.34  purposes of the council. 
155.35     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
155.36  following final enactment and applies in the counties of Anoka, 
156.1   Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
156.2      Sec. 167.  [REQUIRED RULEMAKING.] 
156.3      (a) The commissioner of natural resources shall amend 
156.4   Minnesota Rules, part 6232.0300, subpart 7, to permit an 
156.5   individual to operate an all-terrain vehicle on privately owned 
156.6   land in an area open to taking deer by firearms during the legal 
156.7   shooting hours of the deer season, regardless of whether the 
156.8   individual is licensed to take deer on the day of operation, if 
156.9   the individual is: 
156.10     (1) pursuing an occupation when operating the all-terrain 
156.11  vehicle; 
156.12     (2) not in possession of a firearm; and 
156.13     (3) the owner of the land on which the all-terrain vehicle 
156.14  is operated, an employee of the land owner, or an immediate 
156.15  family member of the land owner. 
156.16     (b) The commissioner may use the good cause exemption under 
156.17  Minnesota Statutes, section 14.388, subdivision 1, clause (3), 
156.18  in amending the rule under paragraph (a).  Minnesota Statutes, 
156.19  section 14.386, does not apply, except to the extent provided 
156.20  under Minnesota Statutes, section 14.388. 
156.21     Sec. 168.  [INITIAL CITIZEN APPOINTMENTS.] 
156.22     The governor shall make the initial appointments of citizen 
156.23  members to the Minnesota Conservation Heritage Council according 
156.24  to the following schedule of terms: 
156.25     (1) the chair to serve a full six-year term; 
156.26     (2) three members to serve five-year terms; 
156.27     (3) three members to serve four-year terms; 
156.28     (4) two members to serve three-year terms; and 
156.29     (5) two members to serve two-year terms. 
156.30     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
156.31  following final enactment. 
156.32     Sec. 169.  [TRANSITION.] 
156.33     (a) The staff of the Legislative Commission on Minnesota 
156.34  Resources shall provide administrative and technical assistance 
156.35  to the council. 
156.36     (b) Administrative expenses saved through the elimination 
157.1   of the Citizens Advisory Committee shall be used for the 
157.2   administrative expenses of the council or other citizen advisory 
157.3   committees created by the council. 
157.4      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
157.5   following final enactment. 
157.6      Sec. 170.  [CONFORMING CHANGES; RULES.] 
157.7      The commissioner may use the good cause exemption under 
157.8   Minnesota Statutes, section 14.388, subdivision 1, clause (3), 
157.9   to amend rules to conform to Minnesota Statutes, sections 
157.10  97C.327 and 97C.395, subdivision 1, as amended in this article.  
157.11  Minnesota Statutes, section 14.386, does not apply to the 
157.12  rulemaking under this section except to the extent provided 
157.13  under Minnesota Statutes, section 14.388. 
157.14     Sec. 171.  [GROOMING RATES AND MAINTENANCE REIMBURSEMENTS.] 
157.15     The commissioner of natural resources must work with trail 
157.16  providers to increase grooming rates and maintenance 
157.17  reimbursements, consistent with funding appropriated by the 
157.18  legislature, for grants provided under Minnesota Statutes, 
157.19  section 84.83. 
157.20     Sec. 172.  [HEALTH AND ENVIRONMENT CLEARINGHOUSE 
157.21  FEASIBILITY REPORT.] 
157.22     The Minnesota Pollution Control Agency must report to the 
157.23  legislature by January 15, 2006, on the feasibility of 
157.24  establishing a central clearinghouse to link emission and 
157.25  exposure data from existing sources with health data from the 
157.26  Minnesota Department of Health to assist Minnesota agencies and 
157.27  organizations to become eligible for federal environmental 
157.28  public health tracking funds.  The clearinghouse must include 
157.29  data from the Pollution Control Agency's environmental public 
157.30  access initiative and the What's in My Neighborhood database, 
157.31  brownfield sites identified by the Department of Agriculture, 
157.32  the Pollution Control Agency, or the Department of Employment 
157.33  and Economic Development, and other relevant toxic exposure data.
157.34     Sec. 173.  [REPEALERS.] 
157.35     Subdivision 1.  [STATE PARK PERMIT EXEMPTIONS.] Minnesota 
157.36  Statutes 2004, section 85.054, subdivision 1, is repealed. 
158.1      Subd. 2.  [OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION 
158.2   PROGRAM.] Minnesota Statutes 2004, section 84.901, is repealed. 
158.3      Subd. 3.  [MINNESOTA RESOURCES.] Minnesota Statutes 2004, 
158.4   sections 116P.02, subdivisions 2 and 4; 116P.05; 116P.06; and 
158.5   116P.08, subdivision 4, are repealed. 
158.6      Subd. 4.  [METROPOLITAN COUNCIL.] Minnesota Statutes 2004, 
158.7   section 473.197, subdivisions 1, 2, 3, and 5, are repealed. 
158.8      Subd. 5.  [STATE LANDS.] Minnesota Statutes 2004, sections 
158.9   94.343, subdivision 6; 94.344, subdivision 6; 94.348; and 
158.10  94.349, are repealed. 
158.11     <b>[EFFECTIVE DATE.]</b> Subdivision 4 is effective the day 
158.12  following final enactment and applies in the counties of Anoka, 
158.13  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
158.14                             ARTICLE 2 
158.15                  OPTION A FROM HOUSE RESOLUTION 8 
158.16  Section 1.  [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 
158.17     These amounts are in adjustments to the appropriations in 
158.18  article 1 and are only effective if the house of representatives 
158.19  fails to pass H.F. 1664.  The sums shown in the columns marked 
158.20  "APPROPRIATIONS" are appropriated from the general fund, or 
158.21  another named fund, to the agencies and for the purposes 
158.22  specified in this article, to be available for the fiscal years 
158.23  indicated for each purpose.  The figures "2006" and "2007," 
158.24  where used in this article, mean that the appropriation or 
158.25  appropriations listed under them are available for the year 
158.26  ending June 30, 2006, or June 30, 2007, respectively.  The term 
158.27  "first year" means the fiscal year ending June 30, 2006, and the 
158.28  term "second year" means the fiscal year ending June 30, 2007.  
158.29                                             APPROPRIATIONS 
158.30                                         Available for the Year 
158.31                                             Ending June 30 
158.32                                            2006         2007 
158.33  Sec. 2.  Department of
158.34  Environmental Protection                (500,000)      (500,000)
158.35  Sec. 3.  Natural Resources    
158.36  Department                            (3,810,000)    (3,810,000)
158.37  $161,000 the first year and $161,000 
158.38  the second year are from the general 
158.39  fund for the reinvest in Minnesota 
158.40  wildlife program.  
159.1   $50,000 the first year and $50,000 the 
159.2   second year are from the general fund 
159.3   for the reinvest in Minnesota fisheries 
159.4   program. 
159.5   $135,000 the first year and $134,000 
159.6   the second year are from the general 
159.7   fund for the reinvest in Minnesota 
159.8   ecological services program. 
159.9   Sec. 4.  Minnesota Conservation
159.10  Corps                                   (350,000)      (350,000)
159.11  Sec. 5.  Water and Soil
159.12  Resources Board                         (705,000)      (705,000)
159.13  Of this amount ($105,000) each year is 
159.14  a reduction to the Area 2 grant. 
159.15  Sec. 6.  Metropolitan 
159.16  Council                                 (300,000)      (300,000)
159.17  Sec. 7.  Science
159.18  Museum                                   (35,000)       (35,000)
159.19                             ARTICLE 3 
159.20                    ENVIRONMENTAL REORGANIZATION 
159.21     Section 1.  Minnesota Statutes 2004, section 15.01, is 
159.22  amended to read: 
159.23     15.01 [DEPARTMENTS OF THE STATE.] 
159.24     The following agencies are designated as the departments of 
159.25  the state government:  the Department of Administration; the 
159.26  Department of Agriculture; the Department of Commerce; the 
159.27  Department of Corrections; the Department of Education; the 
159.28  Department of Employment and Economic Development; the 
159.29  Department of Environmental Protection; the Department of 
159.30  Finance; the Department of Health; the Department of Human 
159.31  Rights; the Department of Labor and Industry; the Department of 
159.32  Military Affairs; the Department of Natural Resources; the 
159.33  Department of Employee Relations; the Department of Public 
159.34  Safety; the Department of Human Services; the Department of 
159.35  Revenue; the Department of Transportation; the Department of 
159.36  Veterans Affairs; and their successor departments. 
159.37     Sec. 2.  Minnesota Statutes 2004, section 115A.06, 
159.38  subdivision 5, is amended to read: 
159.39     Subd. 5.  [RIGHT OF ACCESS.] Whenever the ~~office or the~~ 
159.40  ~~director acting on behalf of the office~~ commissioner deems it 
159.41  necessary to the accomplishment of ~~its~~ department purposes, the 
160.1   ~~office~~ commissioner or any member, employee, or agent ~~thereof~~ of 
160.2   the department, when authorized by ~~it or~~ the ~~director~~ 
160.3   commissioner, may enter upon any property, public or private, 
160.4   for the purpose of obtaining information or conducting surveys 
160.5   or investigations, provided that the entrance and activity is 
160.6   undertaken after reasonable notice and during normal business 
160.7   hours and provided that compensation is made for any damages to 
160.8   the property caused by the entrance and activity.  The ~~office~~ 
160.9   commissioner may pay a reasonable estimate of the damages ~~it~~ the 
160.10  commissioner believes will be caused by the entrance and 
160.11  activity before entering any property. 
160.12     Sec. 3.  Minnesota Statutes 2004, section 115A.07, 
160.13  subdivision 1, is amended to read: 
160.14     Subdivision 1.  [INTERAGENCY COORDINATION.] The ~~director~~ 
160.15  commissioner shall inform the commissioner of employment and 
160.16  economic development of the ~~office's~~ department's activities~~,~~ 
160.17  ~~solicit the advice and recommendations of the agency, and~~ 
160.18  ~~coordinate its work with the regulatory and enforcement~~ 
160.19  ~~activities of the agency~~. 
160.20     Sec. 4.  Minnesota Statutes 2004, section 115A.15, 
160.21  subdivision 7, is amended to read: 
160.22     Subd. 7.  [WASTE REDUCTION PROCUREMENT MODEL.] To reduce 
160.23  the amount of solid waste generated by the state and to provide 
160.24  a model for other public and private procurement systems, the 
160.25  commissioner~~, in cooperation with the director of the Office of~~ 
160.26  ~~Waste Management,~~ shall ~~develop~~ continue to implement waste 
160.27  reduction procurement programs, including an expanded life cycle 
160.28  costing system for procurement of durable and repairable 
160.29  items ~~by November 1, 1991~~.  ~~On implementation of the model~~ 
160.30  ~~procurement system,~~ The commissioner~~, in cooperation with the~~ 
160.31  ~~director,~~ shall develop and distribute informational materials 
160.32  for the purpose of promoting the procurement model to other 
160.33  public and private entities under section 115A.072, subdivision 
160.34  4. 
160.35     Sec. 5.  Minnesota Statutes 2004, section 115A.38, 
160.36  subdivision 1, is amended to read: 
161.1      Subdivision 1.  [REPORTS TO ~~LEGISLATIVE COMMISSION~~ 
161.2   COMMITTEES.] At least 30 days before making a final decision 
161.3   under section 115A.37 in a review brought pursuant to section 
161.4   115A.33, clause (d), the ~~chair of the board~~ commissioner may 
161.5   report to the legislative ~~commission~~ committees with 
161.6   jurisdiction over environment and natural resources policy and 
161.7   finance describing permit conditions or requirements being 
161.8   considered which are not within the existing authority of 
161.9   the ~~agency or the board~~ department or which would require 
161.10  legislation or public financial assistance.  In any such report 
161.11  the ~~chair of the board~~ commissioner may request intervention in 
161.12  the review pursuant to subdivisions 2 and 3. 
161.13     Sec. 6.  [116.012] [DEPARTMENT OF ENVIRONMENTAL PROTECTION; 
161.14  CREATION AND POWERS.] 
161.15     The Department of Environmental Protection is created.  The 
161.16  responsibilities of the Office of Environmental Assistance and 
161.17  the Pollution Control Agency are transferred to the Department 
161.18  of Environmental Protection under section 15.039.  The offices 
161.19  of commissioner and members of the Environmental Protection 
161.20  Board are continuations of those offices in the Pollution 
161.21  Control Agency.  In addition to the provisions of section 
161.22  15.039, no employee in the classified service shall suffer job 
161.23  loss, have a salary reduced, or have employment benefits reduced 
161.24  as a result of the reorganization in this act. 
161.25     Sec. 7.  Minnesota Statutes 2004, section 116.03, 
161.26  subdivision 1, is amended to read: 
161.27     Subdivision 1.  [OFFICE.] (a) The office of commissioner of 
161.28  ~~the Pollution Control Agency~~ environmental protection is created 
161.29  ~~and is under the supervision and control of the commissioner,~~ 
161.30  ~~who~~.  The commissioner is the chief executive officer of the 
161.31  department and is appointed by the governor under the provisions 
161.32  of section 15.06. 
161.33     (b) The commissioner may appoint a deputy commissioner and 
161.34  assistant commissioners who shall be in the unclassified service.
161.35     (c) The commissioner shall make all decisions on behalf of 
161.36  the ~~agency~~ department that are not required to be made by the 
162.1   ~~agency~~ board under section 116.02.  
162.2      Sec. 8.  Minnesota Statutes 2004, section 116.07, 
162.3   subdivision 4b, is amended to read: 
162.4      Subd. 4b.  [PERMITS; HAZARDOUS WASTE FACILITIES.] (a) ~~The~~ 
162.5   ~~agency shall provide to the Office of Environmental Assistance~~ 
162.6   ~~established in section 115A.055, copies of each permit~~ 
162.7   ~~application for a hazardous waste facility immediately upon its~~ 
162.8   ~~submittal to the agency.  The agency shall request~~ 
162.9   ~~recommendations on each permit application from the office and~~ 
162.10  ~~shall consult with the office on the agency's intended~~ 
162.11  ~~disposition of the recommendations.~~  Except as otherwise 
162.12  provided in sections 115A.18 to 115A.30, the ~~agency~~ department 
162.13  shall commence any environmental review required under chapter 
162.14  116D within 120 days of its acceptance of a completed permit 
162.15  application.  The ~~agency~~ department shall respond to a permit 
162.16  application for a hazardous waste facility within 120 days 
162.17  following a decision not to prepare environmental documents or 
162.18  following the acceptance of a negative declaration notice or an 
162.19  environmental impact statement.  Except as otherwise provided in 
162.20  sections 115A.18 to 115A.30, within 60 days following the 
162.21  submission of a final permit application for a hazardous waste 
162.22  facility, unless a time extension is agreed to by the applicant, 
162.23  the ~~agency~~ department shall issue or deny all permits needed for 
162.24  the construction of the proposed facility.  
162.25     (b) The ~~agency~~ department shall promulgate rules pursuant 
162.26  to chapter 14 for all hazardous waste facilities.  The rules 
162.27  shall require: 
162.28     (1) contingency plans for all hazardous waste facilities 
162.29  which provide for effective containment and control in any 
162.30  emergency condition; 
162.31     (2) the establishment of a mechanism to assure that money 
162.32  to cover the costs of closure and postclosure monitoring and 
162.33  maintenance of hazardous waste facilities will be available; 
162.34     (3) the maintenance of liability insurance by the owner or 
162.35  operator of hazardous waste facilities during the operating life 
162.36  of the facility. 
163.1      Sec. 9.  Minnesota Statutes 2004, section 297H.13, 
163.2   subdivision 2, is amended to read: 
163.3      Subd. 2.  [ALLOCATION OF REVENUES.] (a) 
163.4   ~~$22,000,000~~ $33,760,000, or ~~50~~ 70 percent, whichever is greater, 
163.5   of the amounts remitted under this chapter must be credited to 
163.6   the environmental fund established in section 16A.531, 
163.7   subdivision 1. 
163.8      (b) The remainder must be deposited into the general fund. 
163.9      Sec. 10.  Minnesota Statutes 2004, section 473.846, is 
163.10  amended to read: 
163.11     473.846 [REPORT TO LEGISLATURE.] 
163.12     The ~~agency and the director~~ commissioner shall submit to 
163.13  the senate ~~Finance Committee, the house Ways and Means~~ 
163.14  ~~Committee, and the Environment and Natural Resources Committees~~ 
163.15  ~~of the senate~~ and house of representatives~~, the Finance Division~~ 
163.16  ~~of the senate Committee on~~ committees with jurisdiction over 
163.17  environment and natural resources~~, and the house of~~ 
163.18  ~~representatives Committee on Environment and Natural~~ 
163.19  ~~Resources~~ policy and finance separate reports describing the 
163.20  activities for which money for landfill abatement has been spent 
163.21  under sections 473.844 and 473.845.  The ~~agency~~ commissioner 
163.22  shall report by November 1 of each year on expenditures during 
163.23  its previous fiscal year.  ~~The director shall report on~~ 
163.24  ~~expenditures during the previous calendar year and must~~ 
163.25  ~~incorporate its report in the report required by section~~ 
163.26  ~~115A.411, due July 1 of each odd-numbered year.~~  The 
163.27  ~~director~~ commissioner shall make recommendations to the 
163.28  ~~Environment and Natural Resources~~ legislative committees ~~of the~~ 
163.29  ~~senate and house of representatives, the Finance Division of the~~ 
163.30  ~~senate Committee on Environment and Natural Resources, and the~~ 
163.31  ~~house of representatives Committee on Environment and Natural~~ 
163.32  ~~Resources Finance~~ on the future management and use of the 
163.33  metropolitan landfill abatement account. 
163.34     Sec. 11.  [REVISOR'S INSTRUCTION.] 
163.35     Except as otherwise provided in this article, the revisor 
163.36  shall make the following changes, with appropriate grammatical 
164.1   corrections, in Minnesota Statutes and Minnesota Rules: 
164.2      (1) delete references to the Pollution Control Agency or 
164.3   its commissioner or the Office of Environmental Assistance or 
164.4   its director and insert references to the Department of 
164.5   Environmental Protection or its commissioner; 
164.6      (2) delete references to the Pollution Control Agency where 
164.7   it means the Pollution Control Agency Board and insert 
164.8   references to the board; 
164.9      (3) delete language that is made superfluous by the merger 
164.10  of the agency and the office; 
164.11     (4) in Minnesota Statutes, chapters 115A to 116, delete 
164.12  references to obsolete names of committees in the senate and 
164.13  house of representatives and insert generic references to 
164.14  committees with jurisdiction over the specified areas of 
164.15  governance; and 
164.16     (5) in Minnesota Statutes, chapters 115A to 116, delete 
164.17  obsolete references to reports required to be submitted to the 
164.18  legislature. 
164.19     Sec. 12.  [REPEALER.] 
164.20     Minnesota Statutes 2004, sections 115A.03, subdivisions 8a 
164.21  and 22a; 115A.055, subdivision 1; 115A.158, subdivision 3; 
164.22  115D.03, subdivision 4; 116.02, subdivision 5; 116.04; and 
164.23  473.801, subdivision 6, are repealed.