Journal of the House - 8th Day - Tuesday, June 22, 2021 - Top of Page 239

STATE OF MINNESOTA

 

Journal of the House

 

SPECIAL SESSION - 2021

 

_____________________

 

EIGHTH DAY

 

Saint Paul, Minnesota, Tuesday, June 22, 2021

 

 

      The House of Representatives convened at 4:00 p.m. and was called to order by Samantha Vang Speaker pro tempore.

 

      Prayer was offered by the Reverend Richard D. Buller, Valley Community Presbyterian Church, Golden Valley, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Acomb

Agbaje

Akland

Albright

Anderson

Backer

Bahr

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Bliss

Boe

Boldon

Burkel

Carlson

Christensen

Daniels

Daudt

Davids

Davnie

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Feist

Fischer

Franke

Franson

Frazier

Frederick

Freiberg

Garofalo

Gomez

Green

Greenman

Gruenhagen

Haley

Hamilton

Hansen, R.

Hanson, J.

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hollins

Hornstein

Howard

Huot

Igo

Johnson

Jordan

Jurgens

Keeler

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Mortensen

Mueller

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Noor

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Petersburg

Pfarr

Pierson

Pinto

Poston

Pryor

Quam

Raleigh

Rasmusson

Reyer

Richardson

Robbins

Sandell

Sandstede

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Theis

Thompson

Torkelson

Urdahl

Vang

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      A quorum was present.

 

      Bahner and Grossell were excused.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 8th Day - Tuesday, June 22, 2021 - Top of Page 240

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Moran from the Committee on Ways and Means to which was referred:

 

H. F. No. 5, A bill for an act relating to environment; modifying prior appropriation; appropriating money for cost-share program; amending Laws 2019, First Special Session chapter 4, article 1, section 2, subdivision 10.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

 

Section 1.  ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2022" and "2023" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.  "The first year" is fiscal year 2022.  "The second year" is fiscal year 2023.  "The biennium" is fiscal years 2022 and 2023.  Appropriations and cancellations for the fiscal year ending June 30, 2021, are effective the day following final enactment.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

 

 

2022

 

2023

 

Sec. 2.  POLLUTION CONTROL AGENCY

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$112,170,000

 

$111,568,000

 

Appropriations by Fund

 

 

2022

2023

 

 

 

General

8,339,000

7,285,000

 

 

 

State Government Special Revenue

 

 

75,000

 

75,000

Environmental

89,210,000

89,662,000

 

 

 

Remediation

14,546,000

14,546,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.


Journal of the House - 8th Day - Tuesday, June 22, 2021 - Top of Page 241

The commissioner must present the agency's biennial budget for fiscal years 2024 and 2025 to the legislature in a transparent way by agency division, including the proposed budget bill and presentations of the budget to committees and divisions with jurisdiction over the agency's budget.

 

Subd. 2.  Environmental Analysis and Outcomes

 

14,712,000

 

13,890,000

 

 

Appropriations by Fund

 

 

2022

 

2023

General

1,292,000

224,000

 

 

 

Environmental

13,219,000

13,465,000

 

 

 

Remediation

201,000

201,000

 

(a) $99,000 the first year and $109,000 the second year are from the general fund for:

 

(1) a municipal liaison to assist municipalities in implementing and participating in the rulemaking process for water quality standards and navigating the NPDES/SDS permitting process;

 

(2) enhanced economic analysis in the rulemaking process for water quality standards, including more-specific analysis and identification of cost-effective permitting;

 

(3) developing statewide economic analyses and templates to reduce the amount of information and time required for municipalities to apply for variances from water quality standards; and

 

(4) coordinating with the Public Facilities Authority to identify and advocate for the resources needed for municipalities to achieve permit requirements.

 

(b) $205,000 the first year and $205,000 the second year are from the environmental fund for a monitoring program under Minnesota Statutes, section 116.454.

 

(c) $115,000 the first year and $115,000 the second year are for monitoring water quality and operating assistance programs.

 

(d) $347,000 the first year and $347,000 the second year are from the environmental fund for monitoring ambient air for hazardous pollutants.

 

(e) $90,000 the first year and $90,000 the second year are from the environmental fund for duties related to harmful chemicals in children's products under Minnesota Statutes, sections 116.9401 to 116.9407.  Of this amount, $57,000 each year is transferred to the commissioner of health.


Journal of the House - 8th Day - Tuesday, June 22, 2021 - Top of Page 242

(f) $109,000 the first year and $109,000 the second year are from the environmental fund for registering wastewater laboratories.

 

(g) $926,000 the first year and $926,000 the second year are from the environmental fund to continue perfluorochemical biomonitoring in eastern metropolitan communities, as recommended by the Environmental Health Tracking and Biomonitoring Advisory Panel, and to address other environmental health risks, including air quality.  The communities must include Hmong and other immigrant farming communities.  Of this amount, up to $689,000 the first year and $689,000 the second year are for transfer to the Department of Health.

 

(h) $51,000 the first year and $51,000 the second year are from the environmental fund for the listing procedures for impaired waters required under this act.

 

(i) $350,000 the first year is for completing the St. Louis River mercury total maximum daily load study.  This is a onetime appropriation.

 

(j) $141,000 the first year and $141,000 the second year are from the environmental fund to implement and enforce Minnesota Statutes, section 325F.071.  Of this amount, up to $65,000 each year may be transferred to the commissioner of health.

 

(k) $600,000 the first year is to develop and implement an initiative to reduce sources of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in the environment that are eventually conveyed to municipal wastewater treatment facilities.  In developing and implementing the initiative, the commissioner must work in cooperation with the Department of Health and with an advisory group consisting of one representative designated by each of the following:  the League of Minnesota Cities; the Coalition of Greater Minnesota Cities; the Minnesota Environmental Science and Economic Review Board; the Minnesota Municipal Utilities Association; Metropolitan Council Environmental Services; Minnesota Association of Small Cities; National Waste and Recycling Association; Minnesota Rural Water Association; Association of Minnesota Counties; Solid Waste Administrators Association; Partnership on Waste and Energy; Minnesota Resource Recovery Association; Minnesota InterCounty Association; Minnesota Manufacturer's Coalition; and the Association of Metropolitan Municipalities.  In developing and implementing the municipal initiative, the commissioner must:

 

(1) identify sources of PFAS introduced into the environment that are eventually conveyed to municipal wastewater treatment facilities and contained in solid waste that are disposed at solid waste facilities;


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(2) identify source reduction strategies that can effectively reduce the amount of PFAS entering the environment that are eventually conveyed to municipal wastewater treatment facilities or are disposed at solid waste facilities;

 

(3) publish and distribute throughout the state guidance documents for local governments that include education materials about effective strategies to reduce PFAS sources;

 

(4) identify issues for future study; and

 

(5) by January 31, 2023, report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over the environment and natural resources on the development and implementation of the initiative.  This is a onetime appropriation.

 

(l) $104,000 the second year is from the environmental fund for the purposes of the perfluoroalkyl and polyfluoroalkyl substances food packaging provisions under Minnesota Statutes, section 325F.075.  The base for this appropriation in fiscal year 2024 and later is $144,000.

 

(m) $128,000 the first year is for an analysis of the Green Tier program.  This is a onetime appropriation.

 

Subd. 3.  Industrial

 

16,049,000

 

16,077,000

 

Appropriations by Fund

 

 

2022

2023

 

 

 

Environmental

15,048,000

15,076,000

 

 

 

Remediation

1,001,000

1,001,000

 

(a) $1,001,000 the first year and $1,001,000 the second year are from the remediation fund for the leaking underground storage tank program to investigate, clean up, and prevent future releases from underground petroleum storage tanks and for the petroleum remediation program for vapor assessment and remediation.  These same annual amounts are transferred from the petroleum tank fund to the remediation fund.

 

(b) $393,000 the first year and $393,000 the second year are from the environmental fund to further evaluate the use and reduction of trichloroethylene around Minnesota and identify its potential health effects on communities.  Of this amount, up to $121,000 each year may be transferred to the commissioner of health.

 

(c) $180,000 the first year and $4,000 the second year are from the environmental fund to purchase air emissions monitoring equipment to support compliance and enforcement activities.


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Subd. 4.  Municipal

 

9,089,000

 

9,182,000

 

Appropriations by Fund

 

 

2022

2023

 

 

 

General

177,000

190,000

 

 

 

State Government Special Revenue

 

 

75,000

 

75,000

Environmental

8,837,000

8,917,000

 

(a) $177,000 the first year and $190,000 the second year are for:

 

(1) a municipal liaison to assist municipalities in implementing and participating in the rulemaking process for water quality standards and navigating the NPDES/SDS permitting process;

 

(2) enhanced economic analysis in the rulemaking process for water quality standards, including more-specific analysis and identification of cost-effective permitting;

 

(3) developing statewide economic analyses and templates to reduce the amount of information and time required for municipalities to apply for variances from water quality standards; and

 

(4) coordinating with the Public Facilities Authority to identify and advocate for the resources needed for municipalities to achieve permit requirements.

 

(b) $50,000 the first year and $50,000 the second year are from the environmental fund for transfer to the Office of Administrative Hearings to establish sanitary districts.

 

(c) $952,000 the first year and $952,000 the second year are from the environmental fund for subsurface sewage treatment system (SSTS) program administration and community technical assistance and education, including grants and technical assistance to communities for water-quality protection.  Of this amount, $129,000 each year is for assistance to counties through grants for SSTS program administration.  A county receiving a grant from this appropriation must submit the results achieved with the grant to the commissioner as part of its annual SSTS report.  Any unexpended balance in the first year does not cancel but is available in the second year.

 

(d) $784,000 the first year and $784,000 the second year are from the environmental fund to address the need for continued increased activity in new technology review, technical assistance for local governments, and enforcement under Minnesota Statutes, sections 115.55 to 115.58, and to complete the requirements of Laws 2003, chapter 128, article 1, section 165.


Journal of the House - 8th Day - Tuesday, June 22, 2021 - Top of Page 245

(e) Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered on or before June 30, 2023, as grants or contracts for subsurface sewage treatment systems, surface water and groundwater assessments, storm water, and water-quality protection in this subdivision are available until June 30, 2026.

 

Subd. 5.  Operations

 

10,390,000

 

10,404,000

 

Appropriations by Fund

 

2022

2023

 

 

 

General

2,531,000

2,532,000

 

 

 

Environmental

5,778,000

5,791,000

 

Remediation

2,081,000

2,081,000

 

(a) $1,003,000 the first year and $1,003,000 the second year are from the remediation fund for the leaking underground storage tank program to investigate, clean up, and prevent future releases from underground petroleum storage tanks and for the petroleum remediation program for vapor assessment and remediation.  These same annual amounts are transferred from the petroleum tank fund to the remediation fund.

 

(b) $2,531,000 the first year and $2,532,000 the second year are to support agency information technology services provided at the enterprise and agency level.

 

(c) $800,000 the first year and $800,000 the second year are from the environmental fund to develop and maintain systems to support permitting and regulatory business processes and agency data.

 

(d) The base for the remediation fund in fiscal year 2025 is $1,901,000.

 

Subd. 6.  Remediation

 

11,537,000

 

11,537,000

 

Appropriations by Fund

 

 

2022

2023

 

 

 

Environmental

508,000

508,000

 

 

 

Remediation

11,029,000

11,029,000

 

(a) All money for environmental response, compensation, and compliance in the remediation fund not otherwise appropriated is appropriated to the commissioners of the Pollution Control Agency and agriculture for purposes of Minnesota Statutes, section


Journal of the House - 8th Day - Tuesday, June 22, 2021 - Top of Page 246

115B.20, subdivision 2, clauses (1), (2), (3), (6), and (7).  At the beginning of each fiscal year, the two commissioners must jointly submit to the commissioner of management and budget an annual spending plan that maximizes resource use and appropriately allocates the money between the two departments.  This appropriation is available until June 30, 2023.

 

(b) $363,000 the first year and $363,000 the second year are from the environmental fund to manage contaminated sediment projects at multiple sites identified in the St. Louis River remedial action plan to restore water quality in the St. Louis River Area of Concern.

 

(c) $3,198,000 the first year and $3,198,000 the second year are from the remediation fund for the leaking underground storage tank program to investigate, clean up, and prevent future releases from underground petroleum storage tanks and for the petroleum remediation program for vapor assessment and remediation.  These same annual amounts are transferred from the petroleum tank fund to the remediation fund.

 

(d) $257,000 the first year and $257,000 the second year are from the remediation fund for transfer to the commissioner of health for private water-supply monitoring and health assessment costs in areas contaminated by unpermitted mixed municipal solid waste disposal facilities and drinking water advisories and public information activities for areas contaminated by hazardous releases.

 

Subd. 7.  Resource Management and Assistance

 

39,551,000

 

39,586,000

 

Appropriations by Fund

 

 

2022

2023

 

General

1,299,000

1,299,000

 

 

 

Environmental

38,252,000

38,287,000

 

(a) Up to $150,000 the first year and $150,000 the second year may be transferred from the environmental fund to the small business environmental improvement loan account under Minnesota Statutes, section 116.993.

 

(b) $1,000,000 the first year and $1,000,000 the second year are for competitive recycling grants under Minnesota Statutes, section 115A.565.  Of this amount, $300,000 the first year and $300,000


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the second year are from the general fund, and $700,000 the first year and $700,000 the second year are from the environmental fund.  This appropriation is available until June 30, 2025.

 

(c) $694,000 the first year and $694,000 the second year are from the environmental fund for emission-reduction activities and grants to small businesses and other nonpoint-emission-reduction efforts.  Of this amount, $100,000 the first year and $100,000 the second year are to continue work with Clean Air Minnesota, and the commissioner may enter into an agreement with Environmental Initiative to support this effort.

 

(d) $18,450,000 the first year and $18,450,000 the second year are from the environmental fund for SCORE block grants to counties.

 

(e) $119,000 the first year and $119,000 the second year are from the environmental fund for environmental assistance grants or loans under Minnesota Statutes, section 115A.0716.

 

(f) $400,000 the first year and $400,000 the second year are from the environmental fund for grants to develop and expand recycling markets for Minnesota businesses.

 

(g) $750,000 the first year and $750,000 the second year are from the environmental fund for reducing and diverting food waste, redirecting edible food for consumption, and removing barriers to collecting and recovering organic waste.  Of this amount, $500,000 each year is for grants to increase food rescue and waste prevention.  This appropriation is available until June 30, 2025.

 

(h) $999,000 the first year and $999,000 the second year are for the establishment and implementation of a local government water infrastructure grant program for local governmental units and Tribal governments.  The base for this appropriation is $250,000 in fiscal year 2024 and beyond.

 

(i) $2,719,000 the first year and $2,719,000 the second year are from the environmental fund for the purposes of Minnesota Statutes, section 473.844.

 

(j) Any unencumbered grant and loan balances in the first year do not cancel but are available for grants and loans in the second year.  Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered on or before June 30, 2023, as contracts or grants for environmental assistance awarded under Minnesota Statutes, section 115A.0716; technical and research assistance under Minnesota Statutes, section 115A.152; technical assistance under Minnesota Statutes, section 115A.52; and pollution prevention assistance under Minnesota Statutes, section 115D.04, are available until June 30, 2025.


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Subd. 8.  Watershed

 

9,568,000

 

9,618,000

 

Appropriations by Fund

 

 

2022

2023

 

 

 

General

1,959,000

1,959,000

 

 

 

Environmental

7,375,000

7,425,000

 

 

 

Remediation

234,000

234,000

 

(a) $1,959,000 the first year and $1,959,000 the second year are for grants to delegated counties to administer the county feedlot program under Minnesota Statutes, section 116.0711, subdivisions 2 and 3.  Money remaining after the first year is available for the second year.

 

(b) $208,000 the first year and $208,000 the second year are from the environmental fund for the costs of implementing general operating permits for feedlots over 1,000 animal units.

 

(c) $122,000 the first year and $122,000 the second year are from the remediation fund for the leaking underground storage tank program to investigate, clean up, and prevent future releases from underground petroleum storage tanks and for the petroleum remediation program for vapor assessment and remediation.  These same annual amounts are transferred from the petroleum tank fund to the remediation fund.

 

Subd. 9.  Environmental Quality Board

 

1,274,000

 

1,274,000

 

Appropriations by Fund

 

 

2022

2023

 

 

 

General

1,081,000

1,081,000

 

 

 

Environmental

193,000

193,000

 

Subd. 10.  Transfers

 

 

 

 

 

(a) The commissioner must transfer up to $25,000,000 the first year and $22,000,000 the second year from the environmental fund to the remediation fund for purposes of the remediation fund under Minnesota Statutes, section 116.155, subdivision 2.  The base for the transfer in fiscal year 2024 is $19,000,000 and in fiscal year 2025 is $22,000,000.

 

(b) Beginning in fiscal year 2022, the commissioner of management and budget must transfer $100,000 each year from the general fund to the metropolitan landfill contingency action trust


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account in the remediation fund to restore the money transferred from the account as intended under Laws 2003, chapter 128, article 1, section 10, paragraph (e), and Laws 2005, First Special Session chapter 1, article 3, section 17.

 

Sec. 3.  NATURAL RESOURCES

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$328,914,000

 

$323,797,000

 

Appropriations by Fund

 

2022

2023

 

General

102,972,000

99,761,000

 

Natural Resources

109,265,000

107,510,000

 

Game and Fish

115,548,000

115,397,000

 

 

 

Remediation

111,000

111,000

 

Permanent School

1,018,000

1,018,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Land and Mineral Resources Management

 

6,474,000

 

6,501,000

 

Appropriations by Fund

 

2022

2023

 

General

1,874,000

1,901,000

 

Natural Resources

4,038,000

4,038,000

 

Game and Fish

344,000

344,000

 

Permanent School

218,000

218,000

 

(a) $319,000 the first year and $319,000 the second year are for environmental research relating to mine permitting, of which $200,000 each year is from the minerals management account in the natural resources fund and $119,000 each year is from the general fund.

 

(b) $3,083,000 the first year and $3,083,000 the second year are from the minerals management account in the natural resources fund for use as provided under Minnesota Statutes, section 93.2236, paragraph (c), for mineral resource management, projects to enhance future mineral income, and projects to promote new mineral-resource opportunities.


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(c) $218,000 the first year and $218,000 the second year are transferred from the forest suspense account to the permanent school fund and are appropriated from the permanent school fund to secure maximum long-term economic return from the school trust lands consistent with fiduciary responsibilities and sound natural resources conservation and management principles.

 

(d) $338,000 the first year and $338,000 the second year are from the water management account in the natural resources fund for mining hydrology.

 

(e) $42,000 of the fiscal year 2021 general fund appropriations under Laws 2019, First Special Session chapter 4, article 1, section 3, subdivision 2, is canceled.

 

Subd. 3.  Ecological and Water Resources

 

39,702,000

 

37,321,000

 

Appropriations by Fund

 

2022

2023

 

General

21,597,000

19,516,000

 

 

 

Natural Resources

12,581,000

12,281,000

 

Game and Fish

5,524,000

5,524,000

 

(a) $4,222,000 the first year and $4,222,000 the second year are from the invasive species account in the natural resources fund and $3,681,000 the first year and $2,831,000 the second year are from the general fund for management, public awareness, assessment and monitoring research, and water access inspection to prevent the spread of invasive species; management of invasive plants in public waters; and management of terrestrial invasive species on state-administered lands.  Of this amount, $850,000 the first year from the general fund is for grants to lake associations to manage aquatic invasive plant species.

 

(b) $5,556,000 the first year and $5,556,000 the second year are from the water management account in the natural resources fund for only the purposes specified in Minnesota Statutes, section 103G.27, subdivision 2.

 

(c) $124,000 the first year and $124,000 the second year are for a grant to the Mississippi Headwaters Board for up to 50 percent of the cost of implementing the comprehensive plan for the upper Mississippi within areas under the board's jurisdiction.

 

(d) $10,000 the first year and $10,000 the second year are for payment to the Leech Lake Band of Chippewa Indians to implement the band's portion of the comprehensive plan for the upper Mississippi River.


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(e) $264,000 the first year and $264,000 the second year are for grants for up to 50 percent of the cost of implementing the Red River mediation agreement.

 

(f) $2,298,000 the first year and $2,298,000 the second year are from the heritage enhancement account in the game and fish fund for only the purposes specified in Minnesota Statutes, section 297A.94, paragraph (h), clause (1).

 

(g) $1,300,000 the first year and $1,000,000 the second year are from the nongame wildlife management account in the natural resources fund for nongame wildlife management.  Notwithstanding Minnesota Statutes, section 290.431, $100,000 the first year and $100,000 the second year may be used for nongame wildlife information, education, and promotion.

 

(h) Notwithstanding Minnesota Statutes, section 84.943, $28,000 the first year and $28,000 the second year from the critical habitat private sector matching account may be used to publicize the critical habitat license plate match program.

 

(i) $6,000,000 the first year and $6,000,000 the second year are for the following activities:

 

(1) financial reimbursement and technical support to soil and water conservation districts or other local units of government for groundwater-level monitoring;

 

(2) surface water monitoring and analysis, including installing monitoring gauges;

 

(3) groundwater analysis to assist with water-appropriation permitting decisions;

 

(4) permit application review incorporating surface water and groundwater technical analysis;

 

(5) precipitation data and analysis to improve irrigation use;

 

(6) information technology, including electronic permitting and integrated data systems; and

 

(7) compliance and monitoring.

 

(j) $410,000 the first year and $410,000 the second year are from the heritage enhancement account in the game and fish fund and $500,000 the first year and $500,000 the second year are from the general fund for grants to the Minnesota Aquatic Invasive Species Research Center at the University of Minnesota to prioritize, support, and develop research-based solutions that can reduce the effects of aquatic invasive species in Minnesota by preventing spread, controlling populations, and managing ecosystems and to advance knowledge to inspire action by others.


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(k) $300,000 the first year is to address aquatic invasive species in and around Upper and Lower Red Lake.  This is a onetime appropriation and is available until June 30, 2023.

 

(l) $105,000 the first year is for a grant to the city of Madelia for surveying, modeling, and designing floodplain improvements along the Watonwan River.  The city must submit a copy of the study to the commissioner of natural resources and to the Federal Emergency Management Agency for possible incorporation into the Watonwan County digital flood insurance rate maps.

 

(m) $513,000 the first year is for a grant to the city of Waterville.  Of this amount: 

 

(1) $13,000 is to purchase and install a flood warning gauge on the Cannon River.  The city must work with the commissioner to integrate the gauge with the state's enhanced flood forecast warning system; and

 

(2) $500,000 is for a flood study of the Cannon River dam system.  The study must include data collection and calibration, structure surveying, HEC-HMS model development and calibration, HEC‑RAS model generation, and modeling alternative mitigation options.

 

(n) $14,000 the first year is for a grant to Blue Earth County for a study of flood control and stormwater management options for South Bend Township.

 

(o) $300,000 is for a grant to the city of Lanesboro to complete the construction, furnishing, and equipping of the renovation of the Lanesboro dam.  This includes repairs of the hydropower system.  This appropriation is in addition to the appropriation in Laws 2017, First Special Session chapter 8, article 1, section 3, subdivision 4.

 

(p) $225,000 the first year is for a grant to the Waseca County Historical Society to complete phase II of the restoration of the Hofmann Apiaries honey house and wax shed.  This is a onetime appropriation and is available until June 30, 2024.

 

(q) $427,000 of the fiscal year 2021 general fund appropriations under Laws 2019, First Special Session chapter 4, article 1, section 3, subdivision 3, is canceled.

 

Subd. 4.  Forest Management

 

54,760,000

 

55,265,000

 

Appropriations by Fund

 

 

2022

2023

 

General

36,182,000

36,687,000

 

Natural Resources

16,661,000

16,661,000

 

Game and Fish

1,917,000

1,917,000


Journal of the House - 8th Day - Tuesday, June 22, 2021 - Top of Page 253

(a) $7,521,000 the first year and $7,521,000 the second year are for prevention, presuppression, and suppression costs of emergency firefighting and other costs incurred under Minnesota Statutes, section 88.12.  The amount necessary to pay for presuppression and suppression costs during the biennium is appropriated from the general fund.  By January 15 of each year, the commissioner of natural resources must submit a report to the chairs and ranking minority members of the house and senate committees and divisions having jurisdiction over environment and natural resources finance that identifies all firefighting costs incurred and reimbursements received in the prior fiscal year.  These appropriations may not be transferred.  Any reimbursement of firefighting expenditures made to the commissioner from any source other than federal mobilizations must be deposited into the general fund.

 

(b) $15,386,000 the first year and $15,386,000 the second year are from the forest management investment account in the natural resources fund for only the purposes specified in Minnesota Statutes, section 89.039, subdivision 2.

 

(c) $1,417,000 the first year and $1,417,000 the second year are from the heritage enhancement account in the game and fish fund to advance ecological classification systems (ECS) scientific management tools for forest and invasive species management.

 

(d) $855,000 the first year and $863,000 the second year are for the Forest Resources Council to implement the Sustainable Forest Resources Act.

 

(e) $1,143,000 the first year and $1,143,000 the second year are for the Next Generation Core Forestry data system.  Of this appropriation, $868,000 each year is from the general fund and $275,000 each year is from the forest management investment account in the natural resources fund.

 

(f) $500,000 the first year and $500,000 the second year are from the forest management investment account in the natural resources fund for forest road maintenance on state forest roads.

 

(g) $500,000 the first year and $500,000 the second year are for forest road maintenance on county forest roads.

 

(h) $500,000 the first year and $500,000 the second year are from the forest management investment account in the natural resources fund for collecting light detection and ranging data for forest inventory.  This is a onetime appropriation and is available until June 30, 2024.

 

(i) $1,250,000 the first year and $1,250,000 the second year are for accelerated tree planting and increasing seed collection and conservation-grade tree seedling production at the state forest nursery and providing cost-share incentives to increase tree planting.  This i a onetime appropriation.


Journal of the House - 8th Day - Tuesday, June 22, 2021 - Top of Page 254

(j) $1,200,000 the first year and $1,200,000 the second year are from the general fund and $500,000 the first year and $500,000 the second year are from the heritage enhancement account in the game and fish fund for grants to local units of government to develop community ash management plans; to identify and convert ash stands to more diverse, climate-adapted species; and to replace removed ash trees.  Grants awarded under this paragraph may cover up to 75 percent of eligible costs and may not exceed $500,000.  Matching grants provided through this appropriation are available to cities, counties, regional authorities, joint powers boards, towns, Tribal nations, and parks and recreation boards in cities of the first class.  The commissioner, in consultation with the commissioner of agriculture, must establish appropriate criteria to determine funding priorities between submitted requests and to determine activities and expenses that qualify to meet local match requirements.  Money appropriated for grants under this paragraph may be used to pay reasonable costs incurred by the commissioner of natural resources to administer the grants.  The general fund base for this appropriation is $400,000 in fiscal year 2024 and later.  The amount in this paragraph from the heritage enhancement account is onetime.

 

(k) $75,000 the first year is to refund timber permit payments as provided under this act.  This is a onetime appropriation.

 

(l) $751,000 of the fiscal year 2021 general fund appropriations under Laws 2019, First Special Session chapter 4, article 1, section 3, subdivision 4, is canceled.

 

Subd. 5.  Parks and Trails Management

 

93,076,000

 

91,814,000

 

Appropriations by Fund

 

 

2022

2023

 

General

28,963,000

28,876,000

 

 

 

Natural Resources

61,813,000

60,638,000

 

Game and Fish

2,300,000

2,300,000

 

(a) $6,985,000 the first year and $6,985,000 the second year are from the natural resources fund for state trail, park, and recreation area operations.  This appropriation is from revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (h), clause (2).

 

(b) $18,848,000 the first year and $18,828,000 the second year are from the state parks account in the natural resources fund to operate and maintain state parks and state recreation areas.


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(c) $1,140,000 the first year and $1,140,000 the second year are from the natural resources fund for park and trail grants to local units of government on land to be maintained for at least 20 years for parks or trails.  This appropriation is from revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (h), clause (4).  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

(d) $9,624,000 the first year and $9,624,000 the second year are from the snowmobile trails and enforcement account in the natural resources fund for the snowmobile grants-in-aid program.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

(e) $2,435,000 the first year and $2,435,000 the second year are from the natural resources fund for the off-highway vehicle grants‑in-aid program.  Of this amount, $1,960,000 each year is from the all-terrain vehicle account; $150,000 each year is from the off-highway motorcycle account; and $325,000 each year is from the off-road vehicle account.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

(f) $1,250,000 the first year and $2,250,000 the second year are from the state land and water conservation account in the natural resources fund for priorities established by the commissioner for eligible state projects and administrative and planning activities consistent with Minnesota Statutes, section 84.0264, and the federal Land and Water Conservation Fund Act.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year. 

 

(g) $250,000 the first year and $250,000 the second year are for matching grants for local parks and outdoor recreation areas under Minnesota Statutes, section 85.019, subdivision 2.

 

(h) $250,000 the first year and $250,000 the second year are for matching grants for local trail connections under Minnesota Statutes, section 85.019, subdivision 4c.

 

(i) $950,000 the first year is from the all-terrain vehicle account in the natural resources fund for a grant to St. Louis County to match other funding sources for design, right-of-way acquisition, permitting, and construction of Phase I of the Voyageur Country ATV Trail connections in the areas of Cook, Orr, Ash River, Kabetogama Township, and International Falls to the Voyageur Country ATV Trail system.  This is a onetime appropriation and is available until June 30, 2025.


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(j) $955,000 the first year is from the all-terrain vehicle account in the natural resources fund for a grant to the city of Ely for new trail connections and a new bridge across the Beaver River connecting the Prospector trail system to the Taconite State Trail.  This is a onetime appropriation and is available until June 30, 2025.

 

(k) $250,000 the first year is from the all-terrain vehicle account in the natural resources fund for a statewide all-terrain vehicle (ATV) trails master plan broken out by the Department of Natural Resources' administrative regions and for an ATV trails and route inventory from all cooperating agencies with available data broken out by the Department of Natural Resources' administrative regions.  The ATV master plan and inventory must be completed by February 1, 2023.  This appropriation is available until June 30, 2023.

 

(l) $1,075,000 the first year and $1,075,000 the second year are from the water recreation account in the natural resources fund for maintaining and enhancing public water-access facilities.

 

(m) $400,000 the first year is for a grant to the St. Louis and Lake Counties Regional Railroad Authority to engineer, design, renovate, and construct the Historic Bruce Mine Park and Mesabi Trailhead and access in the city of Chisholm.  This appropriation is available until June 30, 2023.

 

(n) $614,000 of the fiscal year 2021 general fund appropriations under Laws 2019, First Special Session chapter 4, article 1, section 3, subdivision 5, is canceled.

 

Subd. 6.  Fish and Wildlife Management

 

81,031,000

 

81,884,000

 

Appropriations by Fund

 

 

2022

2023

 

General

1,729,000

2,732,000

 

Natural Resources

1,982,000

1,982,000

 

Game and Fish

77,320,000

77,170,000

 

(a) $8,658,000 the first year and $8,658,000 the second year are from the heritage enhancement account in the game and fish fund only for activities specified under Minnesota Statutes, section 297A.94, paragraph (h), clause (1).  Notwithstanding Minnesota Statutes, section 297A.94, five percent of this appropriation may be used for expanding hunter and angler recruitment and retention.

 

(b) $1,529,000 the first year and $2,532,000 the second year are from the general fund and $2,425,000 the first year and $2,425,000 the second year are from the game and fish fund for planning for


Journal of the House - 8th Day - Tuesday, June 22, 2021 - Top of Page 257

and emergency response to disease outbreaks in wildlife.  Of the game and fish fund appropriation, $750,000 the first year and $750,000 the second year are from the heritage enhancement account and are onetime.  The commissioner and the Board of Animal Health must each submit quarterly reports on chronic wasting disease activities funded in this biennium to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over environment and natural resources and agriculture.  The general fund base in fiscal year 2024 and later is $282,000.

 

(c) $8,546,000 the first year and $8,546,000 the second year are from the deer management account for the purposes identified in Minnesota Statutes, section 97A.075, subdivision 1.

 

(d) $200,000 the first year and $200,000 the second year are from the general fund and $250,000 the first year and $250,000 the second year are from the heritage enhancement account in the game and fish fund for grants for natural-resource-based education and recreation programs serving youth under Minnesota Statutes, section 84.976.  These are onetime appropriations.

 

(e) Notwithstanding Minnesota Statutes, section 297A.94, $275,000 the first year and $125,000 the second year are appropriated from the heritage enhancement account in the game and fish fund for shooting sports facility grants under Minnesota Statutes, section 87A.10, including grants for archery facilities.  Grants must be matched with a nonstate match, which may include in-kind contributions.  This is a onetime appropriation.  Of the amount in the first year, $50,000 is to upgrade the Department of Natural Resources shooting range database.

 

(f) $6,000 of the fiscal year 2021 general fund appropriations under Laws 2019, First Special Session chapter 4, article 1, section 3, subdivision 6, is canceled.

 

Subd. 7.  Enforcement

 

48,824,000

 

49,645,000

 

Appropriations by Fund

 

 

2022

2023

 

General

9,040,000

9,862,000

 

 

 

Natural Resources

11,530,000

11,530,000

 

Game and Fish

28,143,000

28,142,000

 

 

 

Remediation

111,000

111,000


Journal of the House - 8th Day - Tuesday, June 22, 2021 - Top of Page 258

a) $1,718,000 the first year and $1,718,000 the second year are from the general fund for enforcement efforts to prevent the spread of aquatic invasive species.

 

(b) $1,580,000 the first year and $1,580,000 the second year are from the heritage enhancement account in the game and fish fund for only the purposes specified under Minnesota Statutes, section 297A.94, paragraph (h), clause (1).

 

(c) $1,082,000 the first year and $1,082,000 the second year are from the water recreation account in the natural resources fund for grants to counties for boat and water safety.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

(d) $315,000 the first year and $315,000 the second year are from the snowmobile trails and enforcement account in the natural resources fund for grants to local law enforcement agencies for snowmobile enforcement activities.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

(e) $250,000 the first year and $250,000 the second year are from the all-terrain vehicle account in the natural resources fund for grants to qualifying organizations to assist in safety and environmental education and monitoring trails on public lands under Minnesota Statutes, section 84.9011.  Grants issued under this paragraph must be issued through a formal agreement with the organization.  By December 15 each year, an organization receiving a grant under this paragraph must report to the commissioner with details on expenditures and outcomes from the grant.  Of this appropriation, $25,000 each year is for administering these grants.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

(f) $510,000 the first year and $510,000 the second year are from the natural resources fund for grants to county law enforcement agencies for off-highway vehicle enforcement and public education activities based on off-highway vehicle use in the county.  Of this amount, $498,000 each year is from the all-terrain vehicle account, $11,000 each year is from the off-highway motorcycle account, and $1,000 each year is from the off-road vehicle account.  The county enforcement agencies may use money received under this appropriation to make grants to other local enforcement agencies within the county that have a high concentration of off-highway vehicle use.  Of this appropriation, $25,000 each year is for administering these grants.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

(g) $176,000 the first year and $176,000 the second year are from the game and fish fund for an ice safety program.


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(h) $300,000 the first year is for costs related to responding to civil unrest, including costs incurred in fiscal year 2021.  This is a onetime appropriation.

 

(i) $1,250,000 the first year and $2,250,000 the second year are appropriated for inspections, investigations, and enforcement activities taken in conjunction with the Board of Animal Health for the white-tailed deer farm program. 

 

(j) $168,000 of the fiscal year 2021 general fund appropriations under Laws 2019, First Special Session chapter 4, article 1, section 3, subdivision 7, is canceled.

 

Subd. 8.  Operations Support

 

3,400,000

 

-0-

 

(a) $3,000,000 the first year is for legal costs.  Of this amount, up to $2,000,000 the first year may be transferred to the Minnesota Pollution Control Agency.  This is a onetime appropriation and is available until June 30, 2025.

 

(b) $400,000 the first year is for information technology security and modernization.  This is a onetime appropriation.

 

Subd. 9.  Pass Through Funds

 

1,647,000

 

1,367,000

 

Appropriations by Fund

 

 

2022

2023

 

 

 

General

187,000

187,000

 

Natural Resources

660,000

380,000

 

Permanent School

800,000

800,000

 

(a) $660,000 the first year and $380,000 the second year are from the natural resources fund for grants to be divided equally between the city of St. Paul for the Como Park Zoo and Conservatory and the city of Duluth for the Lake Superior Zoo.  This appropriation is from revenue deposited to the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (h), clause (5).

 

(b) $187,000 the first year and $187,000 the second year are for the Office of School Trust Lands.

 

(c) $500,000 the first year and $500,000 the second year are transferred from the forest suspense account in the permanent school fund, and appropriated from the permanent school fund for transaction and project management costs for sales and exchanges of school trust lands within Boundary Waters Canoe Area Wilderness.  The base for this transfer and appropriation is $250,000 in fiscal year 2024 and $150,000 in fiscal year 2025.


Journal of the House - 8th Day - Tuesday, June 22, 2021 - Top of Page 260

(d) $300,000 the first year and $300,000 the second year are transferred from the forest suspense account to the permanent school fund and are appropriated from the permanent school fund for the Office of School Trust Lands.

 

Subd. 10.  ATV Trail Extensions

 

 

 

 

 

(a) The availability of the portion of the appropriation in Laws 2019, First Special Session chapter 4, article 1, section 3, subdivision 5, paragraph (l), that is for a grant to St. Louis County to design, plan, permit, acquire right-of-way for, and construct Voyageur Country ATV Trail from Buyck to Holm Logging Road and to Shuster Road toward Cook, is extended to June 30, 2023.

 

(b) The availability of the appropriation in Laws 2019, First Special Session chapter 4, article 1, section 3, subdivision 5, paragraph (n), for grants to St. Louis County for the Quad Cities ATV Club trail construction program, including planning, design, environmental permitting, right-of-way acquisition, and construction, is extended to June 30, 2023.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 4.  BOARD OF WATER AND SOIL RESOURCES

 

$18,045,000

 

$16,740,000

 

(a) $4,823,000 the first year and $3,423,000 the second year are for natural resources block grants to local governments to implement the Wetland Conservation Act and shoreland management program under Minnesota Statutes, chapter 103F, and local water management responsibilities under Minnesota Statutes, chapter 103B.  The board may reduce the amount of the natural resources block grant to a county by an amount equal to any reduction in the county's general services allocation to a soil and water conservation district from the county's previous year allocation when the board determines that the reduction was disproportionate.  Of this amount, $1,400,000 the first year is to provide grants to rural landowners to replace failing septic systems that inadequately protect groundwater.  Rural landowners, as defined in Minnesota Statutes, section 17.117, subdivision 4, with income below 300 percent of the federal poverty guidelines for the applicable family size, shall be eligible for a grant under this section.  A grant awarded under this section shall not exceed the lesser of $5,000 or 35 percent of the cost of replacing the failed or failing septic system.  The issuance of a loan under Minnesota Statutes, section 17.117, for the purpose of replacing a failed septic system, shall not preclude a rural landowner from obtaining a grant under this section or vice versa.

 

(b) $3,116,000 the first year and $3,116,000 the second year are for grants and payments to soil and water conservation districts for the purposes of Minnesota Statutes, sections 103C.321 and 103C.331, and for general purposes, nonpoint engineering, and


Journal of the House - 8th Day - Tuesday, June 22, 2021 - Top of Page 261

implementation and stewardship of the reinvest in Minnesota reserve program.  Expenditures may be made from these appropriations for supplies and services benefiting soil and water conservation districts.  Any district receiving a payment under this paragraph must maintain a web page that publishes, at a minimum, its annual report, annual audit, annual budget, and meeting notices.

 

(c) $761,000 the first year and $761,000 the second year are to implement, enforce, and provide oversight for the Wetland Conservation Act, including administering the wetland banking program and in-lieu fee mechanism.

 

(d) $1,560,000 the first year and $1,560,000 the second year are for the following programs:

 

(1) $260,000 each year is for the feedlot water quality cost-sharing program for feedlots under 500 animal units and nutrient and manure management projects in watersheds where there are impaired waters;

 

(2) $1,200,000 each year is for cost-sharing programs of soil and water conservation districts for accomplishing projects and practices consistent with Minnesota Statutes, section 103C.501, including perennially vegetated riparian buffers, erosion control, water retention and treatment, and other high-priority conservation practices; and

 

(3) $100,000 each year is for county cooperative weed management programs and to restore native plants in selected invasive species management sites.

 

(e) $166,000 the first year and $166,000 the second year are to provide technical assistance to local drainage management officials and for the costs of the Drainage Work Group.  The board must coordinate with the Drainage Work Group according to Minnesota Statutes, section 103B.101, subdivision 13.

 

(f) $100,000 the first year and $100,000 the second year are for a grant to the Red River Basin Commission for water quality and floodplain management, including administration of programs.  This appropriation must be matched by nonstate funds.

 

(g) $140,000 the first year and $140,000 the second year are for grants to Area II Minnesota River Basin Projects for floodplain management.

 

(h) $125,000 the first year and $125,000 the second year are for conservation easement stewardship.

 

(i) $240,000 the first year and $240,000 the second year are for a grant to the Lower Minnesota River Watershed District to defray the annual cost of operating and maintaining sites for dredge spoil to sustain the state, national, and international commercial and recreational navigation on the lower Minnesota River.


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(j) The Lower Minnesota River Watershed District may use up to $111,000 from money appropriated in either fiscal year under Laws 2019, First Special Session chapter 4, article 1, section 4, paragraph (j), to cover costs associated with the Seminary Fen Stabilization Project to reduce sedimentation to Seminary Fen and the Minnesota River.

 

(k) $675,000 the first year and $675,000 the second year are for soil health practice adoption purposes consistent with the cost‑sharing provisions of Minnesota Statutes, section 103C.501, and for soil health program responsibilities in consultation with the University of Minnesota Office for Soil Health.  The base for this appropriation in fiscal year 2024 and beyond is $203,000.

 

(l) $1,000,000 the first year and $1,000,000 the second year are for the water quality and storage program under Minnesota Statutes, section 103F.05.  This is a onetime appropriation.

 

(m) Notwithstanding Minnesota Statutes, section 103C.501, the board may shift money in this section and may adjust the technical and administrative assistance portion of the funds to leverage federal or other nonstate funds or to address accountability, oversight, local government performance, or high-priority needs identified in local water management plans or comprehensive watershed management plans.

 

(n) The appropriations for grants and payments in this section are available until June 30, 2025, except returned grants and payments are available for two years after they are returned or regranted, whichever is later.  Funds must be regranted consistent with the purposes of this section.  If an appropriation for grants in either year is insufficient, the appropriation in the other year is available for it.

 

(o) Notwithstanding Minnesota Statutes, section 16B.97, grants awarded from appropriations in this section are exempt from the Department of Administration, Office of Grants Management Policy 08-08 Grant Payments and 08-10 Grant Monitoring.

 

Sec. 5.  METROPOLITAN COUNCIL

 

$9,990,000

 

$9,990,000

 

Appropriations by Fund

 

 

2022

2023

 

 

 

General

2,540,000

2,540,000

 

Natural Resources

7,450,000

7,450,000


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(a) $2,540,000 the first year and $2,540,000 the second year are for metropolitan-area regional parks operation and maintenance according to Minnesota Statutes, section 473.351.

 

(b) $7,450,000 the first year and $7,450,000 the second year are from the natural resources fund for metropolitan-area regional parks and trails maintenance and operations.  This appropriation is from revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (h), clause (3).

 

Sec. 6.  CONSERVATION CORPS MINNESOTA

 

$945,000

 

$945,000

 

Appropriations by Fund

 

 

2022

2023

 

General

455,000

455,000

 

 

 

Natural Resources

490,000

490,000

 

Conservation Corps Minnesota may receive money appropriated from the natural resources fund under this section only as provided in an agreement with the commissioner of natural resources.

 

Sec. 7.  ZOOLOGICAL BOARD

 

$10,139,000

 

$9,999,000

 

Appropriations by Fund

 

 

2022

2023

 

General

9,809,000

9,809,000

 

Natural Resources

330,000

190,000

 

(a) $330,000 the first year and $190,000 the second year are from the natural resources fund from revenue deposited under Minnesota Statutes, section 297A.94, paragraph (h), clause (5).

 

(b) The general fund current law base is $10,267,000 per year in fiscal years 2024 and 2025.

 

Sec. 8.  SCIENCE MUSEUM

 

$1,079,000

 

$1,079,000

 

Sec. 9.  EXPLORE MINNESOTA TOURISM

 

$15,434,000

 

$14,523,000

 

(a) $500,000 the first year and $500,000 the second year must be matched from nonstate sources to develop maximum private sector involvement in tourism.  Each $1 of state incentive must be matched with $6 of private sector money.  "Matched" means revenue to the state or documented cash expenditures directly expended to support Explore Minnesota Tourism programs.  Up to


Journal of the House - 8th Day - Tuesday, June 22, 2021 - Top of Page 264

one-half of the private sector contribution may be in-kind or soft match.  The incentive in fiscal year 2022 is based on fiscal year 2021 private sector contributions.  The incentive in fiscal year 2023 is based on fiscal year 2022 private sector contributions.  This incentive is ongoing.

 

(b) Money for marketing grants is available either year of the biennium.  Unexpended grant money from the first year is available in the second year.

 

(c) $100,000 each year is for a grant to the Northern Lights International Music Festival.

 

(d) $1,000,000 the first year is for a recovery grant program, including grants for local and Tribal governments, for tourism, meetings and conventions, and events assistance and promotions.  This is a onetime appropriation.

 

Sec. 10.  Laws 2016, chapter 189, article 3, section 3, subdivision 5, is amended to read:

 

Subd. 5.  Parks and Trails Management

 

-0-

 

6,459,000

 

Appropriations by Fund

 

 

2016

2017

 

General

-0-

2,929,000

 

Natural Resources

-0-

3,530,000

 

$2,800,000 the second year is a onetime appropriation.

 

$2,300,000 the second year is from the state parks account in the natural resources fund.  Of this amount, $1,300,000 is onetime, of which $1,150,000 is for strategic park acquisition.

 

$20,000 the second year is from the natural resources fund to design and erect signs marking the David Dill trail designated in this act.  Of this amount, $10,000 is from the snowmobile trails and enforcement account and $10,000 is from the all-terrain vehicle account.  This is a onetime appropriation.

 

$100,000 the second year is for the improvement of the infrastructure for sanitary sewer service at the Woodenfrog Campground in Kabetogama State Forest.  This is a onetime appropriation.

 

$29,000 the second year is for computer programming related to the transfer-on-death title changes for watercraft.  This is a onetime appropriation.


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$210,000 the first year is from the water recreation account in the natural resources fund for implementation of Minnesota Statutes, section 86B.532, established in this act.  This is a onetime appropriation.  The commissioner of natural resources shall seek federal and other nonstate funds to reimburse the department for the initial costs of producing and distributing carbon monoxide boat warning labels.  All amounts collected under this paragraph shall be deposited into the water recreation account.

 

$1,000,000 the second year is from the natural resources fund for a grant to Lake County for construction, including bridges, of the Prospectors ATV Trail System linking the communities of Ely, Babbitt, Embarrass, and Tower; Bear Head Lake and Lake Vermilion-Soudan Underground Mine State Parks; the Taconite State Trail; and the Lake County Regional ATV Trail System.  Of this amount, $900,000 is from the all-terrain vehicle account, $50,000 is from the off-highway motorcycle account, and $50,000 is from the off-road vehicle account.  This is a onetime appropriation and is available until June 30, 2023.

 

EFFECTIVE DATE.  This section is effective retroactively from June 30, 2018.

 

Sec. 11.  Laws 2019, First Special Session chapter 4, article 1, section 3, subdivision 4, is amended to read:

 

Subd. 4.  Forest Management

 

50,668,000

 

50,603,000

 

Appropriations by Fund

 

 

2020

2021

 

General

33,651,000

33,300,000

 

Natural Resources

15,619,000

15,886,000

 

Game and Fish

1,398,000

1,417,000

 

(a) $7,521,000 the first year and $7,521,000 the second year are for prevention, presuppression, and suppression costs of emergency firefighting and other costs incurred under Minnesota Statutes, section 88.12.  The amount necessary to pay for presuppression and suppression costs during the biennium is appropriated from the general fund.  By January 15 of each year, the commissioner of natural resources must submit a report to the chairs and ranking minority members of the house and senate committees and divisions having jurisdiction over environment and natural resources finance that identifies all firefighting costs incurred and reimbursements received in the prior fiscal year.  These appropriations may not be transferred.  Any reimbursement of firefighting expenditures made to the commissioner from any source other than federal mobilizations must be deposited into the general fund.


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(b) $13,869,000 the first year and $14,136,000 the second year are from the forest management investment account in the natural resources fund for only the purposes specified in Minnesota Statutes, section 89.039, subdivision 2.

 

(c) $1,398,000 the first year and $1,417,000 the second year are from the heritage enhancement account in the game and fish fund to advance ecological classification systems (ECS) scientific management tools for forest and invasive species management.

 

(d) $836,000 the first year and $847,000 the second year are for the Forest Resources Council to implement the Sustainable Forest Resources Act.

 

(e) $1,131,000 the first year and $1,131,000 the second year are for the Next Generation Core Forestry data system.  For fiscal year 2022 and later, the distribution for this appropriation is $868,000 from the general fund and $275,000 from the forest management investment account in the natural resources fund.

 

(f) $500,000 the first year and $500,000 the second year are from the forest management investment account in the natural resources fund for forest road maintenance on state forest roads.

 

(g) $500,000 the first year and $500,000 the second year are for forest road maintenance on county forest roads.

 

(h) $700,000 the first or second year is for grants to local units of government to develop community ash management plans; to identify and convert ash stands to more diverse, climate-adapted species; and to replace removed ash trees.  This is a onetime appropriation.

 

(i) Grants awarded under paragraph (h) may cover up to 75 percent of eligible costs and may not exceed $500,000.  Matching grants provided through the appropriation are available to cities, counties, regional authorities, joint powers boards, towns, and parks and recreation boards in cities of the first class.  The commissioner, in consultation with the commissioner of agriculture, must establish appropriate criteria for determining funding priorities between submitted requests and to determine activities and expenses that qualify to meet local match requirements.  Money appropriated for grants under paragraph (h) may be used to pay reasonable costs incurred by the commissioner of natural resources to administer paragraph (h).

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 12.  Laws 2019, First Special Session chapter 4, article 1, section 3, subdivision 5, is amended to read:

 

Subd. 5.  Parks and Trails Management

 

90,858,000

 

88,194,000

 

Appropriations by Fund

 

 

2020

2021

 

General

26,968,000

27,230,000

 

Natural Resources

61,598,000

58,664,000

 

Game and Fish

2,292,000

2,300,000

 

(a) $1,075,000 the first year and $1,075,000 the second year are from the water recreation account in the natural resources fund for maintaining and enhancing public water-access facilities.

 

(b) $6,344,000 the first year and $6,435,000 the second year are from the natural resources fund for state trail, park, and recreation area operations.  This appropriation is from revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (h), clause (2).

 

(c) $18,552,000 the first year and $18,828,000 the second year are from the state parks account in the natural resources fund to operate and maintain state parks and state recreation areas.

 

(d) $890,000 the first year and $890,000 the second year are from the natural resources fund for park and trail grants to local units of government on land to be maintained for at least 20 years for parks or trails.  This appropriation is from revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (h), clause (4).  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

(e) $9,624,000 the first year and $9,624,000 the second year are from the snowmobile trails and enforcement account in the natural resources fund for the snowmobile grants-in-aid program.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

(f) $1,835,000 the first year and $2,135,000 the second year are from the natural resources fund for the off-highway vehicle grants-in-aid program.  Of this amount, $1,360,000 the first year and $1,660,000 the second year are from the all-terrain vehicle account; $150,000 each year is from the off-highway motorcycle account; and $325,000 each year is from the off-road vehicle account.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.


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(g) $116,000 the first year and $117,000 the second year are from the cross-country-ski account in the natural resources fund for grooming and maintaining cross-country-ski trails in state parks, trails, and recreation areas.

 

(h) $266,000 the first year and $269,000 the second year are from the state land and water conservation account in the natural resources fund for priorities established by the commissioner for eligible state projects and administrative and planning activities consistent with Minnesota Statutes, section 84.0264, and the federal Land and Water Conservation Fund Act.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

(i) $250,000 the first year and $250,000 the second year are for matching grants for local parks and outdoor recreation areas under Minnesota Statutes, section 85.019, subdivision 2.

 

(j) $250,000 the first year and $250,000 the second year are for matching grants for local trail connections under Minnesota Statutes, section 85.019, subdivision 4c.

 

(k) $600,000 the first year is from the off-road vehicle account for off-road vehicle touring routes and trails.  Of this amount:

 

(1) $200,000 is for a contract with a project administrator to assist the commissioner in planning, designing, and providing a system of state touring routes and trails for off-road vehicles by identifying sustainable, legal routes suitable for licensed four‑wheel drive vehicles and a system of recreational trails for registered off-road vehicles.  Any portion of this appropriation not used for the project administrator is available for signage or promotion and implementation of the system.  This is a onetime appropriation.

 

(2) $200,000 is for a contract and related work to prepare a comprehensive, statewide, strategic master plan for off-road vehicle touring routes and trails.  This is a onetime appropriation and is available until June 30, 2022.  Any portion of this appropriation not used for the master plan is returned to the off‑road vehicle account.  At a minimum, the plan must:  identify opportunities to develop or enhance new, high-quality, comprehensive touring routes and trails for off-road vehicles in a system that serves regional and tourist destinations; enhance connectivity with touring routes and trails for off-road vehicles; provide opportunities for promoting economic development in greater Minnesota; help people connect with the outdoors in a safe and environmentally sustainable manner; create new and support existing opportunities for social, economic, and cultural benefits and meaningful and mutually beneficial relationships for users of off-road vehicles and the communities that host trails for off-road vehicles; and promote cooperation with local, state, Tribal, and federal governments; organizations; and other interested partners.


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(3) $200,000 is to share the cost by reimbursing federal, Tribal, state, county, and township entities for additional needs on roads under their jurisdiction when the needs are a result of increased use by off-road vehicles and are attributable to a border-to-border touring route established by the commissioner.  This paragraph applies to roads that are operated by a public road authority as defined in Minnesota Statutes, section 160.02, subdivision 25.  This is a onetime appropriation and is available until June 30, 2023.  To be eligible for reimbursement under this paragraph, the claimant must demonstrate that:  the needs result from additional traffic generated by the border-to-border touring route; and increased use attributable to a border-to-border touring route has caused at least a 50 percent increase in maintenance costs for roads under the claimant's jurisdiction, based on a ten-year maintenance average.  The commissioner may accept an alternative to the ten‑year maintenance average if a jurisdiction does not have sufficient maintenance records.  The commissioner has discretion to accept an alternative based on a good-faith effort by the jurisdiction.  Any alternative should include baseline maintenance costs for at least two years before the year the route begins operating.  The ten-year maintenance average or any alternative must be calculated from the years immediately preceding the year the route begins operating.  Before reimbursing a claim under this paragraph, the commissioner must consider whether the claim is consistent with claims made by other entities that administer roads on the touring route, in terms of the amount requested for reimbursement and the frequency of claims made.

 

(l) $600,000 the first year is from the all-terrain vehicle account in the natural resources fund for grants to St. Louis County.  Of this amount, $100,000 is for a grant to St. Louis County for an environmental assessment worksheet for the overall construction of the Voyageur Country ATV Trail system and connections, and $500,000 is for a grant to St. Louis County to design, plan, permit, acquire right-of-way for, and construct Voyageur Country ATV Trail from Buyck to Holmes Logging Road and to Shuster Road toward Cook.  This is a onetime appropriation.

 

(m) $2,400,000 the first year is from the all-terrain vehicle account in the natural resources fund.  Of this amount, $1,300,000 is for a grant to Lake County to match other funding sources to develop the Prospector Loop Trail system and $1,100,000 is for acquisition, design, environmental review, permitting, and construction for all‑terrain vehicle use on the Taconite State Trail between Ely and Purvis Forest Management Road.

 

(n) $950,000 the first year and $950,000 the second year are from the all-terrain vehicle account in the natural resources fund for grants to St. Louis County for the Quad Cities ATV Club trail construction program for planning, design, environmental permitting, right-of-way acquisition, and construction of up to 24


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miles of trail connecting the cities of Mountain Iron, Virginia, Eveleth, Gilbert, Hibbing, and Chisholm to the Laurentian Divide, County Road 303, the Taconite State Trail, and Biwabik and from Pfeiffer Lake Forest Road to County Road 361.  This is a onetime appropriation.

 

(o) $75,000 the first year is from the general fund for signage and interpretative resources necessary for naming state park assets and a segment of the St. Croix River State Water Trail after Walter F.  Mondale as provided in this act.

 

(p) $150,000 the first year is from the all-terrain vehicle account in the natural resources fund for a grant to Crow Wing County to plan and design a multipurpose bridge on the Mississippi River Northwoods Trail across Sand Creek located five miles northeast of Brainerd along the Mississippi River.

 

(q) $75,000 the first year is from the off-highway motorcycle account in the natural resources fund to complete a master plan for off-highway motorcycle trail planning and development.  This is a onetime appropriation and is available until June 30, 2022.

 

EFFECTIVE DATE.  This section is effective retroactively from July 1, 2019.

 

ARTICLE 2

ENVIRONMENT AND NATURAL RESOURCES POLICY

 

Section 1.  Minnesota Statutes 2020, section 16B.335, subdivision 2, is amended to read:

 

Subd. 2.  Other projects.  All other capital projects for which a specific appropriation is made must not proceed until the recipient undertaking the project has notified the chairs and ranking minority members of the senate Capital Investment and Finance Committees and the house of representatives Capital Investment and Ways and Means Committees that the work is ready to begin.  Notice is not required for:

 

(1) capital projects needed to comply with the Americans with Disabilities Act, for;

 

(2) asset preservation projects to which section 16B.307 applies, or for;

 

(3) projects funded by an agency's operating budget; or

 

(4) projects funded by a capital asset preservation and replacement account under section 16A.632, or a higher education asset preservation and replacement account under section 135A.046, or a natural resources asset preservation and replacement account under section 84.946.

 

Sec. 2.  Minnesota Statutes 2020, section 17.4982, subdivision 6, is amended to read:

 

Subd. 6.  Certifiable diseases.  "Certifiable diseases" includes any of the following expressed as clinical symptoms or based on the presence of the pathogen:  channel catfish virus, Renibacterium salmoninarum (bacterial kidney disease), Aeromonas salmonicida (bacterial furunculosis), Yersinia ruckeri (enteric redmouth disease), Edwardsiella ictaluri (enteric septicemia of catfish), infectious hematopoietic necrosis virus, infectious pancreatic necrosis virus, Myxobolus cerebralis (whirling disease), Tetracapsuloides bryosalmonae (proliferative kidney disease), viral hemorrhagic septicemia virus, epizootic epitheliotropic virus, Ceratomyxa shasta (ceratomyxosis), and any emergency fish disease.

 


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Sec. 3.  Minnesota Statutes 2020, section 17.4982, subdivision 8, is amended to read:

 

Subd. 8.  Containment facility.  "Containment facility" means a licensed facility for salmonids, catfish, or species on the viral hemorrhagic septicemia (VHS) susceptible list published by the United States Department of Agriculture, Animal and Plant Health Inspection Services, VHS-susceptible-species list that complies with clauses (1), (3), and (4), or clauses (2), (3), and (4):

 

(1) disinfects its effluent to the standards in section 17.4991 before the effluent is discharged to public waters;

 

(2) does not discharge to public waters or to waters of the state directly connected to public waters;

 

(3) raises aquatic life that is prohibited from being released into the wild and must be kept in a facility approved by the commissioner unless processed for food consumption;

 

(4) contains aquatic life requiring a fish health inspection prior to transportation.

 

Sec. 4.  Minnesota Statutes 2020, section 17.4982, subdivision 9, is amended to read:

 

Subd. 9.  Emergency fish disease.  "Emergency fish disease" means designated fish diseases or pathogens not already present in this state that could impact populations of aquatic life if inadvertently released by infected aquatic life, including channel catfish virus, viral hemorrhagic septicemia virus, infectious hematopoietic necrosis virus, infectious pancreatic necrosis virus, whirling disease, ceratomyxosis, proliferative kidney disease, and epizootic epitheliotropic virus disease.

 

Sec. 5.  Minnesota Statutes 2020, section 17.4982, subdivision 12, is amended to read:

 

Subd. 12.  Fish health inspection.  (a) "Fish health inspection" means an on-site, statistically based sampling, collection, and testing of fish in accordance with processes in the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE) to test for causative pathogens.  The samples for inspection must be collected by a fish health inspector or a fish collector in cooperation with the producer.  Testing of samples must be done by an approved laboratory.

 

(b) The inspection for viral hemorrhagic septicemia (VHS), infectious pancreatic necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in nonsalmonids must include at a minimum viral testing of ovarian fluids at the 95 percent confidence level of detecting two percent incidence of disease.

 

(c) The inspection for certifiable diseases and pathogens for wild fish must follow the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.

 

Sec. 6.  Minnesota Statutes 2020, section 17.4982, is amended by adding a subdivision to read:

 

Subd. 21a.  VHS-susceptible species.  "VHS-susceptible species" are aquatic species that are natural hosts for viral hemorrhagic septicemia according to the Fish Health Blue Book or the book's successor.

 

Sec. 7.  Minnesota Statutes 2020, section 17.4982, is amended by adding a subdivision to read:

 

Subd. 21b.  VHS-susceptible-species list.  "VHS-susceptible-species list" is the VHS-susceptible species listed in the Fish Health Blue Book that are found in or that can survive in the Great Lakes region.

 

Sec. 8.  Minnesota Statutes 2020, section 17.4985, subdivision 2, is amended to read:


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Subd. 2.  Bill of lading.  (a) A state-issued bill of lading is required for:

 

(1) intrastate transportation of aquatic life other than salmonids, catfish, or species on the official list of viral hemorrhagic septicemia susceptible species published by the United States Department of Agriculture, Animal and Plant Health Inspection Services, VHS-susceptible-species list between licensed private fish hatcheries, aquatic farms, or aquarium facilities licensed for the species being transported if the aquatic life is being transported into a watershed where it is not currently present, if walleyes whose original source is south of marked State Highway 210 are being transported to a facility north of marked State Highway 210, or if the original source of the aquatic life is outside Minnesota and contiguous states; and

 

(2) stocking of waters other than public waters with aquatic life other than salmonids, catfish, or species on the official list of viral hemorrhagic septicemia susceptible species published by the United States Department of Agriculture, Animal and Plant Health Inspection Services VHS-susceptible-species list.

 

(b) When aquatic life is transported under paragraph (a), a copy of the bill of lading must be submitted to the regional fisheries manager at least 72 hours before the transportation.

 

(c) For transportation and stocking of waters that are not public waters:

 

(1) a bill of lading must be submitted to the regional fisheries manager 72 hours before transporting fish for stocking;

 

(2) a bill of lading must be submitted to the regional fisheries manager within five days after stocking if the waters to be stocked are confirmed by telecopy or telephone prior to stocking by the regional fisheries office not to be public waters; or

 

(3) a completed bill of lading may be submitted to the regional fisheries office by telecopy prior to transporting fish for stocking.  Confirmation that the waters to be stocked are not public waters may be made by returning the bill of lading by telecopy or in writing, in which cases additional copies need not be submitted to the Department of Natural Resources.

 

(d) Bill of lading forms may only be issued by the Department of Natural Resources in St. Paul, and new bill of lading forms may not be issued until all previously issued forms have been returned.

 

Sec. 9.  Minnesota Statutes 2020, section 17.4985, subdivision 3, is amended to read:

 

Subd. 3.  Exemptions for transportation permits and bills of lading.  (a) A state-issued bill of lading or transportation permit is not required by an aquatic farm licensee for importation of importing animals not on the official list of viral hemorrhagic septicemia susceptible species published by the United States Department of Agriculture, Animal and Plant Health Inspection Services; transportation of VHS-susceptible-species list, transporting animals not on the official list of viral hemorrhagic septicemia susceptible species published by the United States Department of Agriculture, Animal and Plant Health Inspection Services; or export for VHS‑susceptible-species list, or exporting the following:

 

(1) minnows taken under an aquatic farm license in this state and transported intrastate;

 

(2) aquarium or ornamental fish including goldfish and tropical, subtropical, and saltwater species that cannot survive in the waters of the state, which may be imported or transported if accompanied by shipping documents;

 

(3) fish or fish eggs that have been processed for use as food, bait, or other purposes unrelated to fish propagation;


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(4) live fish from a licensed aquatic farm, which may be transported directly to an outlet for processing or for other food purposes if accompanied by shipping documents;

 

(5) fish being exported if accompanied by shipping documents;

 

(6) sucker eggs, sucker fry, or fathead minnows transported intrastate for bait propagation or feeding of cultural aquatic life, except that if either species becomes listed on the official list of viral hemorrhagic septicemia susceptible species published by the United States Department of Agriculture, Animal and Plant Health Inspection Services VHS-susceptible-species list, then a transportation permit is required;

 

(7) species of fish that are found within the state used in connection with public shows, exhibits, demonstrations, or fishing pools for periods not exceeding 14 days;

 

(8) fish being transported through the state if accompanied by shipping documents; or

 

(9) intrastate transportation of aquatic life between or within licensed private fish hatcheries, aquatic farms, or aquarium facilities licensed for the species being transported, except where required in subdivision 2 and except that salmonids, catfish, or species on the official list of viral hemorrhagic septicemia susceptible species published by the United States Department of Agriculture, Animal and Plant Health Inspection Services, VHS-susceptible-species list may only be transferred or transported intrastate without a transportation permit if they had no record of bacterial kidney disease or viral hemorrhagic septicemia at the time they were imported into the state and if they have had a fish health inspection within the preceding year that has shown no certifiable diseases to be present.

 

Aquatic life being transferred between licensed private fish hatcheries, aquatic farms, or aquarium facilities must be accompanied by shipping documents and salmonids, catfish, or species on the official list of viral hemorrhagic septicemia susceptible species published by the United States Department of Agriculture, Animal and Plant Health Inspection Services, VHS-susceptible-species list being transferred or transported intrastate without a transportation permit must be accompanied by a copy of their most recent fish health inspection.

 

(b) Shipping documents required under paragraph (a) must show the place of origin, owner or consignee, destination, number, and species.

 

Sec. 10.  Minnesota Statutes 2020, section 17.4985, subdivision 5, is amended to read:

 

Subd. 5.  Permit application.  An application for a transportation permit must be made on forms provided by the commissioner.  An incomplete application must be rejected.  An application for a transportation permit for salmonids, catfish, or species on the official list of viral hemorrhagic septicemia susceptible species published by the United States Department of Agriculture, Animal and Plant Health Inspection Services, VHS-susceptible-species list; their eggs,; or their sperm must be accompanied by certification that the source of the eggs or sperm are free of certifiable diseases, except that eggs with enteric redmouth, whirling disease, or furunculosis may be imported, transported, or stocked following treatment approved by the commissioner, and fish with bacterial kidney disease or viral hemorrhagic septicemia may be imported, transported, or stocked into areas where the disease has been identified as being present.  A copy of the transportation permit showing the date of certification inspection must accompany the shipment of fish while in transit and must be available for inspection by the commissioner.  By 14 days after a completed application is received, the commissioner must approve or deny the importation permits as provided in this section.

 

Sec. 11.  Minnesota Statutes 2020, section 17.4986, subdivision 2, is amended to read:

 

Subd. 2.  Licensed facilities.  (a) The commissioner shall issue transportation permits to import:

 

(1) indigenous and naturalized species except trout, salmon, catfish, or species on the official list of viral hemorrhagic septicemia susceptible species published by the United States Department of Agriculture, Animal and Plant Health Inspection Services, VHS-susceptible-species list and sperm from any source to a standard facility;


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(2) trout, salmon, catfish, or species on the official list of viral hemorrhagic septicemia susceptible species published by the United States Department of Agriculture, Animal and Plant Health Inspection Services, VHS‑susceptible-species list from a nonemergency enzootic disease area to a containment facility if the fish are certified within the previous year to be free of certifiable diseases, except that eggs with enteric redmouth, whirling disease, or furunculosis may be imported following treatment approved by the commissioner, and fish with bacterial kidney disease or viral hemorrhagic septicemia may be imported into areas where the disease has been identified as being present; and

 

(3) trout, salmon, catfish, or species on the official list of viral hemorrhagic septicemia susceptible species published by the United States Department of Agriculture, Animal and Plant Health Inspection Services, VHS‑susceptible-species list from a facility in a nonemergency enzootic disease area with a disease-free history of three years or more to a standard facility, except that eggs with enteric redmouth, whirling disease, or furunculosis may be imported following treatment approved by the commissioner, and fish with bacterial kidney disease or viral hemorrhagic septicemia may be imported into areas where the disease has been identified as being present.

 

(b) If a source facility in a nonemergency enzootic disease area cannot demonstrate a history free from disease, aquatic life may only be imported into a quarantine facility.

 

Sec. 12.  Minnesota Statutes 2020, section 17.4986, subdivision 4, is amended to read:

 

Subd. 4.  Disease-free history.  Disease-free histories required under this section must include the results of a fish health inspection.  When disease-free histories of more than one year are required for importing salmonids, catfish, or species on the official list of viral hemorrhagic septicemia susceptible species published by the United States Department of Agriculture, Animal and Plant Health Inspection Services VHS-susceptible-species list, the disease history must be of consecutive years that include the year previous to, or the year of, the transportation request.

 

Sec. 13.  Minnesota Statutes 2020, section 17.4991, subdivision 3, is amended to read:

 

Subd. 3.  Fish health inspection.  (a) An aquatic farm propagating salmonids, catfish, or species on the viral hemorrhagic septicemia (VHS) susceptible list published by the United States Department of Agriculture, Animal and Plant Health Inspection Services, VHS-susceptible-species list and having an effluent discharge from the aquatic farm into public waters must have a fish health inspection conducted at least once every 12 months by a certified fish health inspector.  Testing must be conducted according to laboratory methods of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE).

 

(b) An aquatic farm propagating any species on the VHS susceptible list and having an effluent discharge from the aquatic farm into public waters must test for VHS virus using the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.  The commissioner may, by written order published in the State Register, prescribe alternative testing time periods and methods from those prescribed in the Fish Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that biosecurity measures will not be compromised.  These alternatives are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.  The commissioner must provide reasonable notice to affected parties of any changes in testing requirements.

 

(c) Results of fish health inspections must be provided to the commissioner for all fish that remain in the state.  All data used to prepare and issue a fish health certificate must be maintained for three years by the issuing fish health inspector, approved laboratory, or accredited veterinarian.

 

(d) A health inspection fee must be charged based on each lot of fish sampled.  The fee by check or money order payable to the Department of Natural Resources must be prepaid or paid at the time a bill or notice is received from the commissioner that the inspection and processing of samples is completed.


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(e) Upon receipt of payment and completion of inspection, the commissioner shall notify the operator and issue a fish health certificate.  The certification must be made according to the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases by a person certified as a fish health inspector.

 

(f) All aquatic life in transit or held at transfer stations within the state may be inspected by the commissioner.  This inspection may include the collection of stock for purposes of pathological analysis.  Sample size necessary for analysis will follow guidelines listed in the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.

 

(g) Salmonids, catfish, or species on the VHS susceptible list must have a fish health inspection before being transported from a containment facility, unless the fish are being transported directly to an outlet for processing or other food purposes or unless the commissioner determines that an inspection is not needed.  A fish health inspection conducted for this purpose need only be done on the lot or lots of fish that will be transported.  The commissioner must conduct a fish health inspection requested for this purpose within five working days of receiving written notice.  Salmonids and catfish may be immediately transported from a containment facility to another containment facility once a sample has been obtained for a health inspection or once the five-day notice period has expired.

 

Sec. 14.  Minnesota Statutes 2020, section 17.4992, subdivision 2, is amended to read:

 

Subd. 2.  Restriction on the sale of fish.  (a) Except as provided in paragraph (b), species on the official list of viral hemorrhagic septicemia susceptible species published by the United States Department of Agriculture, Animal and Plant Health Inspection Services, VHS-susceptible-species list must be free of viral hemorrhagic septicemia and species of the family salmonidae or ictaluridae, except bullheads, must be free of certifiable diseases if sold for stocking or transfer to another aquatic farm.

 

(b) The following exceptions apply to paragraph (a):

 

(1) eggs with enteric redmouth, whirling disease, or furunculosis may be transferred between licensed facilities or stocked following treatment approved by the commissioner;

 

(2) fish with bacterial kidney disease or viral hemorrhagic septicemia may be transferred between licensed facilities or stocked in areas where the disease has been identified as being present; and

 

(3) the commissioner may allow transfer between licensed facilities or stocking of fish with enteric redmouth or furunculosis when the commissioner determines that doing so would pose no threat to the state's aquatic resources.

 

Sec. 15.  Minnesota Statutes 2020, section 17.4993, subdivision 1, is amended to read:

 

Subdivision 1.  Taking from public waters.  (a) Under an aquatic farm license, a licensee may take only minnow sperm, minnow eggs, and live minnows for aquatic farm purposes from public waters that have a water body if:

 

(1) the water body has been tested for viral hemorrhagic septicemia when and the testing indicates the disease is not present; or

 

(2) the water body is located within a viral-hemorrhagic-septicemia-free zone posted on the Department of Natural Resources website.

 

(b) A licensee may take sucker eggs and sperm only in approved waters with a sucker egg license endorsement as provided by section 17.4994.


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Sec. 16.  Minnesota Statutes 2020, section 35.155, subdivision 7, is amended to read:

 

Subd. 7.  Inspection.  (a) The Board of Animal Health must annually inspect farmed Cervidae, farmed Cervidae facilities, and farmed Cervidae records.  As coordinated by the board, the commissioner of agriculture and an enforcement officer as defined under section 97A.015, subdivision 18, may participate in the inspection.

 

(b) The annual inspection must include a physical inspection of all perimeter fencing around the facility and a viewing to verify that all animals are tagged.  The owner of a farmed Cervidae facility must present to the inspectors an accurate inventory of the owner's farmed Cervidae and other records for review.  During an annual inspection, the owner must present individual animals in a herd for a physical inventory, if required by the board.

 

(c) The commissioner of natural resources may inspect farmed Cervidae, farmed Cervidae facilities, and farmed Cervidae records with reasonable suspicion that laws protecting native wild animals have been violated and must notify the owner in writing at the time of the inspection of the reason for the inspection and must inform the owner in writing after the inspection of whether (1) the cause of the inspection was unfounded; or (2) there will be an ongoing investigation or continuing evaluation.

 

(d) The commissioner of natural resources may inspect farmed white-tailed deer according to the concurrent authority granted under subdivision 14.

 

Sec. 17.  Minnesota Statutes 2020, section 35.155, is amended by adding a subdivision to read:

 

Subd. 14.  Concurrent authority; regulating farmed white-tailed deer.  The commissioner of natural resources and the Board of Animal Health possess concurrent authority to regulate farmed white-tailed deer under this section, sections 35.92 to 35.96, and any administrative rules adopted pursuant to this section or sections 35.92 to 35.96.

 

Sec. 18.  Minnesota Statutes 2020, section 84.027, subdivision 13a, is amended to read:

 

Subd. 13a.  Game and fish Natural resources expedited permanent rules.  (a) In addition to the authority granted in subdivision 13, the commissioner of natural resources may adopt rules under section 14.389 that are authorized under:

 

(1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to designate fish spawning beds or fish preserves, to select hunters or anglers for areas, to provide for registration of game or fish, to prevent or control wildlife disease, or to correct errors or omissions in rules that do not have a substantive effect on the intent or application of the original rule; or

 

(2) section 84D.12 to designate prohibited invasive species, regulated invasive species, and unregulated nonnative species.; or

 

(3) section 116G.15 to change the placement and boundaries of land use districts established in the Mississippi River Corridor Critical Area.

 

(b) The commissioner of natural resources may adopt rules under section 14.389 that are authorized under chapters 97A, 97B, and 97C, for purposes in addition to those listed in paragraph (a), clause (1), subject to the notice and public hearing provisions of section 14.389, subdivision 5.

 

Sec. 19.  Minnesota Statutes 2020, section 84.027, subdivision 18, is amended to read:


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Subd. 18.  Permanent school fund authority; reporting.  (a) The commissioner of natural resources has the authority and responsibility to administer school trust lands under sections 92.122 and 127A.31.  The commissioner shall biannually biennially report to the Legislative Permanent School Fund Commission and the legislature on the management of the school trust lands that shows how the commissioner has and will continue to achieve the following goals:

 

(1) manage the school trust lands efficiently and in a manner that reflects the undivided loyalty to the beneficiaries consistent with the commissioner's fiduciary duties;

 

(2) reduce the management expenditures of school trust lands and maximize the revenues deposited in the permanent school trust fund;

 

(3) manage the sale, exchange, and commercial leasing of school trust lands, requiring returns of not less than fair market value, to maximize the revenues deposited in the permanent school trust fund and retain the value from the long-term appreciation of the school trust lands;

 

(4) manage the school trust lands to maximize the long-term economic return for the permanent school trust fund while maintaining sound natural resource conservation and management principles;

 

(5) optimize school trust land revenues and maximize the value of the trust consistent with balancing short-term and long-term interests, so that long-term benefits are not lost in an effort to maximize short-term gains; and

 

(6) maintain the integrity of the trust and prevent the misapplication of its lands and its revenues.

 

(b) When the commissioner finds an irresolvable conflict between maximizing the long-term economic return and protecting natural resources and recreational values on school trust lands, the commissioner shall give precedence to the long-term economic return in managing school trust lands.  By July 1, 2018, the permanent school fund must be compensated for all school trust lands included under a designation or policy provision that prohibits long-term economic return.  The commissioner shall submit recommendations to the appropriate legislative committees and divisions on methods of funding for the compensation required under this paragraph, including recommendations for appropriations from the general fund, nongeneral funds, and the state bond fund.  Any uncompensated designation or policy provision restrictions on the long-term economic return on school trust lands remaining after July 1, 2018, must be compiled and submitted to the Legislative Permanent School Fund Commission for review.

 

(c) By December 31, 2013, the report required under paragraph (a) must provide an inventory and identification of all school trust lands that are included under a designation or policy provision that prohibits long-term economic return.  The report must include a plan to compensate the permanent school fund through the purchase or exchange of the lands or a plan to manage the school trust land to generate long-term economic return to the permanent school fund.  Subsequent reports under paragraph (a) must include a status report of the commissioner's progress in maximizing the long-term economic return on lands identified in the 2013 report.

 

(d) When management practices, policies, or designations by the commissioner diminish or prohibit the long‑term economic return on school trust land, the conflict must be resolved as provided in section 92.122.

 

Sec. 20.  Minnesota Statutes 2020, section 84.415, is amended by adding a subdivision to read:

 

Subd. 8.  Reimbursing costs.  In addition to fees specified in this section or in rules adopted by the commissioner, the applicant must reimburse the state for costs incurred for cultural resources review, monitoring, or other services provided by the Minnesota Historical Society under contract with the commissioner of natural resources or the State Historic Preservation Office of the Department of Administration in connection with the license application, preparing the license terms, or constructing the utility line.


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Sec. 21.  [84.625] CONVEYANCE OF CONSERVATION EASEMENTS.

 

Notwithstanding any law to the contrary, the commissioner of natural resources may, on state-owned lands administered by the commissioner and on behalf of the state, convey conservation easements as defined in section 84C.01, upon such terms and conditions, including reversion in the event of nonuse, as the commissioner may determine.  Any terms and conditions obligating the state to incur costs related to monitoring or maintaining a conservation easement must acknowledge the state is liable for the costs only to the extent of an available appropriation according to section 16A.138.

 

Sec. 22.  Minnesota Statutes 2020, section 84.63, is amended to read:

 

84.63 CONVEYANCE OF INTERESTS IN LANDS TO STATE AND, FEDERAL, AND TRIBAL GOVERNMENTS.

 

(a) Notwithstanding any existing law to the contrary, the commissioner of natural resources is hereby authorized on behalf of the state to convey to the United States, to a federally recognized Indian Tribe, or to the state of Minnesota or any of its subdivisions, upon state-owned lands under the administration of the commissioner of natural resources, permanent or temporary easements for specified periods or otherwise for trails, highways, roads including limitation of right of access from the lands to adjacent highways and roads, flowage for development of fish and game resources, stream protection, flood control, and necessary appurtenances thereto, such conveyances to be made upon such terms and conditions including provision for reversion in the event of non-user as the commissioner of natural resources may determine.

 

(b) In addition to the fee for the market value of the easement, the commissioner of natural resources shall assess the applicant the following fees:

 

(1) an application fee of $2,000 to cover reasonable costs for reviewing the application and preparing the easement; and

 

(2) a monitoring fee to cover the projected reasonable costs for monitoring the construction of the improvement for which the easement was conveyed and preparing special terms and conditions for the easement.  The commissioner must give the applicant an estimate of the monitoring fee before the applicant submits the fee.

 

(c) The applicant shall pay these fees to the commissioner of natural resources.  The commissioner shall not issue the easement until the applicant has paid in full the application fee, the monitoring fee, and the market value payment for the easement.

 

(d) Upon completion of construction of the improvement for which the easement was conveyed, the commissioner shall refund the unobligated balance from the monitoring fee revenue.  The commissioner shall not return the application fee, even if the application is withdrawn or denied.

 

(e) Money received under paragraph (b) must be deposited in the land management account in the natural resources fund and is appropriated to the commissioner of natural resources to cover the reasonable costs incurred for issuing and monitoring easements.

 

(f) A county or joint county regional railroad authority is exempt from all fees specified under this section for trail easements on state-owned land.

 

(g) In addition to fees specified in this section, the applicant must reimburse the state for costs incurred for cultural resources review, monitoring, or other services provided by the Minnesota Historical Society under contract with the commissioner of natural resources or the State Historic Preservation Office of the Department of Administration in connection with the easement application, preparing the easement terms, or constructing the trail, highway, road, or other improvements.

 

EFFECTIVE DATE.  This section is effective the day following final enactment, except that paragraph (g) is effective July 1, 2021.


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Sec. 23.  Minnesota Statutes 2020, section 84.631, is amended to read:

 

84.631 ROAD EASEMENTS ACROSS STATE LANDS.

 

(a) Except as provided in section 85.015, subdivision 1b, the commissioner of natural resources, on behalf of the state, may convey a road easement across state land under the commissioner's jurisdiction to a private person requesting an easement for access to property owned by the person only if the following requirements are met:  (1) there are no reasonable alternatives to obtain access to the property; and (2) the exercise of the easement will not cause significant adverse environmental or natural resource management impacts.

 

(b) The commissioner shall:

 

(1) require the applicant to pay the market value of the easement;

 

(2) limit the easement term to 50 years if the road easement is across school trust land;

 

(3) provide that the easement reverts to the state in the event of nonuse; and

 

(4) impose other terms and conditions of use as necessary and appropriate under the circumstances.

 

(c) An applicant shall submit an application fee of $2,000 with each application for a road easement across state land.  The application fee is nonrefundable, even if the application is withdrawn or denied.

 

(d) In addition to the payment for the market value of the easement and the application fee, the commissioner of natural resources shall assess the applicant a monitoring fee to cover the projected reasonable costs for monitoring the construction of the road and preparing special terms and conditions for the easement.  The commissioner must give the applicant an estimate of the monitoring fee before the applicant submits the fee.  The applicant shall pay the application and monitoring fees to the commissioner of natural resources.  The commissioner shall not issue the easement until the applicant has paid in full the application fee, the monitoring fee, and the market value payment for the easement.

 

(e) Upon completion of construction of the road, the commissioner shall refund the unobligated balance from the monitoring fee revenue.

 

(f) Fees collected under paragraphs (c) and (d) must be credited to the land management account in the natural resources fund and are appropriated to the commissioner of natural resources to cover the reasonable costs incurred under this section.

 

(g) In addition to fees specified in this section, the applicant must reimburse the state for costs incurred for cultural resources review, monitoring, or other services provided by the Minnesota Historical Society under contract with the commissioner of natural resources or the State Historic Preservation Office of the Department of Administration in connection with the easement application, preparing the easement terms, or constructing the road.

 

Sec. 24.  Minnesota Statutes 2020, section 84.82, subdivision 1a, is amended to read:

 

Subd. 1a.  General requirements.  A person may not operate or transport a snowmobile unless the snowmobile has been registered under this section.  A person may not sell a snowmobile without furnishing the buyer a bill of sale on a form prescribed by the commissioner.


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Sec. 25.  Minnesota Statutes 2020, section 84.82, subdivision 7a, is amended to read:

 

Subd. 7a.  Collector snowmobiles; limited use.  The commissioner may issue a special permit to a person or organization to operate or transport a collector snowmobile without registration in parades or organized group outings, such as races, rallies, and other promotional events and for up to ten days each year for personal transportation.  The commissioner may impose a reasonable restriction on a permittee and may revoke, amend, suspend, or modify a permit for cause.

 

Sec. 26.  Minnesota Statutes 2020, section 84.943, subdivision 3, is amended to read:

 

Subd. 3.  Appropriations matched by private funds or state bond fund appropriations.  (a) Appropriations transferred to the critical habitat private sector matching account and money credited to the account under section 168.1296, subdivision 5, may be expended only to the extent that they are matched equally with contributions from private sources or; by funds contributed to the nongame wildlife management account; or by appropriations from the bond proceeds fund for projects that benefit critical natural habitat.  The private contributions may be made in cash, property, land, or interests in land.  Appropriations transferred to the account that are not matched within three years from the date of the appropriation shall cancel to the source of the appropriation.  For the purposes of this section, the private contributions of property, land, or interests in land that are retained by the commissioner shall be valued in accordance with their appraised value.

 

(b) For every dollar used as a match under paragraph (a), the commissioner may expend up to two dollars from the account for the purposes described in subdivision 5.

 

Sec. 27.  Minnesota Statutes 2020, section 84.943, subdivision 5, is amended to read:

 

Subd. 5.  Pledges and contributions.  (a) The commissioner of natural resources may accept contributions and pledges to the critical habitat private sector matching account.  A pledge that is made contingent on an appropriation is acceptable and shall be reported with other pledges as required in this section.  The commissioner may agree to match a contribution contingent on a future appropriation.  In the budget request for each biennium, the commissioner shall report the balance of contributions in the account and the amount that has been pledged for payment in the succeeding two calendar years.

 

(b) Money in the account is appropriated to the commissioner of natural resources only for the direct acquisition, restoration, or improvement enhancement of land or interests in land as provided in section 84.944.  To the extent of available appropriations other than bond proceeds, the money matched to the nongame wildlife management account may be used for the management of nongame wildlife projects as specified in section 290.431.  Acquisition includes:

 

(1) purchase of land or an interest in land by the commissioner; or

 

(2) acceptance by the commissioner of gifts of land or interests in land as program projects.

 

(c) To the extent of available appropriations other than bond proceeds, the money matched to the nongame wildlife management account may be used for:

 

(1) the management of nongame wildlife projects as specified in section 290.431;

 

(2) restoration and enhancement activities for critical natural habitat; or

 

(3) monitoring and evaluation activities for rare resources and native plant communities that inform the management of critical natural habitat.

 

No more than 30 percent of the nongame wildlife management account appropriations each fiscal year may be used to match money from the critical habitat private sector matching account for monitoring and evaluation activities.


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Sec. 28.  Minnesota Statutes 2020, section 84.944, subdivision 1, is amended to read:

 

Subdivision 1.  Acquisition, restoration, and enhancement considerations.  (a) In determining what critical natural habitat shall be acquired or improved, restored, or enhanced, the commissioner shall consider:

 

(1) the significance of the land or water as existing or potential habitat for fish and wildlife and providing fish and wildlife oriented recreation;

 

(2) the significance of the land, water, or habitat improvement to maintain or enhance native plant, fish, or wildlife species designated as endangered or threatened under section 84.0895;

 

(3) the presence of native ecological communities that are now uncommon or diminishing; and

 

(4) the significance of the land, water or habitat improvement to protect or enhance natural features within or contiguous to natural areas including fish spawning areas, wildlife management areas, scientific and natural areas, riparian habitat and fish and wildlife management projects.

 

(b) Based on the above clauses, the commissioner by rule must establish a process to prioritize what critical habitat shall be acquired or improved.

 

Sec. 29.  Minnesota Statutes 2020, section 84.946, subdivision 4, is amended to read:

 

Subd. 4.  Priorities; report.  The commissioner of natural resources must establish priorities for natural resource asset preservation and replacement projects.  By January 15 March 1 each year, the commissioner must submit to the commissioner of management and budget a list of the projects that have been paid for with money from a natural resource asset preservation and replacement appropriation during the preceding calendar year.

 

Sec. 30.  [84.9765] OUTDOOR ENGAGEMENT GRANT ACCOUNT.

 

Subdivision 1.  Establishment.  The outdoor engagement grant account is established as an account in the natural resources fund.  The purpose of the account is to provide funding from private sources to support the no child left inside grant program under section 84.976.

 

Subd. 2.  Funding sources.  Appropriations, gifts, grants, and other contributions to the outdoor engagement grant account must be credited to the account.  All interest and other earnings on money in the account must be credited to the account.

 

Subd. 3.  Appropriation; expenditures.  Money in the account is appropriated to the commissioner of natural resources and may be used only for grants under section 84.976.

 

Sec. 31.  Minnesota Statutes 2020, section 84D.11, subdivision 1a, is amended to read:

 

Subd. 1a.  Permit for invasive carp.  The commissioner may issue a permit to departmental divisions for tagging bighead, black, grass, or silver carp for research or control.  Under the permit, the carp may be released into the water body from which the carp was captured.  This subdivision expires December 31, 2021.

 

Sec. 32.  Minnesota Statutes 2020, section 85.019, is amended by adding a subdivision to read:

 

Subd. 6.  Administering grants.  Up to 2.5 percent of appropriations for grants under this section from revenue deposited in the natural resources fund under section 297A.94, paragraph (h), clause (4), may be used by the commissioner for the actual costs of administering the grants.


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Sec. 33.  Minnesota Statutes 2020, section 85.052, subdivision 1, is amended to read:

 

Subdivision 1.  Authority to establish.  (a) The commissioner may establish, by written order, provisions for the use of state parks for the following:

 

(1) special parking space for automobiles or other motor-driven vehicles in a state park or state recreation area;

 

(2) special parking spurs, campgrounds for automobiles, sites for tent camping, other types of lodging, camping, or day use facilities, and special auto trailer coach parking spaces, for the use of the individual charged for the space or facility;

 

(3) improvement and maintenance of golf courses already established in state parks, and charging reasonable use fees; and

 

(4) (3) providing water, sewer, and electric service to trailer or tent campsites and charging a reasonable use fee; and

 

(4) administrative penalties related to courtesy warnings and letters issued for failure to display a state park permit as required under section 85.053, subdivision 2.

 

(b) Provisions established under paragraph (a) are exempt from section 16A.1283 and the rulemaking provisions of chapter 14.  Section 14.386 does not apply.

 

(c) For the purposes of this subdivision, "lodging" means an enclosed shelter, room, or building with furnishings for overnight use.

 

Sec. 34.  Minnesota Statutes 2020, section 85.052, subdivision 2, is amended to read:

 

Subd. 2.  State park pageants special events.  (a) The commissioner may stage state park pageants special events in a state park, municipal park, or on other land near or adjoining a state park and charge an entrance or use fee for the pageant special event.  All receipts from the pageants special events must be used in the same manner as though the pageants special events were conducted in a state park.

 

(b) The commissioner may establish, by written order, state park pageant special event areas to hold historical or other pageants special events conducted by the commissioner of a state agency or other public agency.  Establishment of the areas is exempt from the rulemaking provisions of chapter 14, and section 14.386 does not apply.

 

Sec. 35.  Minnesota Statutes 2020, section 85.052, subdivision 6, is amended to read:

 

Subd. 6.  State park reservation system.  (a) The commissioner may, by written order, develop reasonable reservation policies for campsites and other lodging.  These The policies are exempt from the rulemaking provisions under chapter 14, and section 14.386 does not apply.

 

(b) The revenue collected from the state park reservation fee established under subdivision 5, including interest earned, shall be deposited in the state park account in the natural resources fund and is annually appropriated to the commissioner for the cost of operating the state park reservation and point-of-sale system.

 

Sec. 36.  Minnesota Statutes 2020, section 85.052, is amended by adding a subdivision to read:

 

Subd. 7.  Special-use permits.  The commissioner may, by written order, develop reasonable policies for special-use permits to use state parks, state recreation areas, and state waysides.  The policies are exempt from the rulemaking provisions under chapter 14, and section 14.386 does not apply.


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Sec. 37.  Minnesota Statutes 2020, section 85.053, subdivision 2, is amended to read:

 

Subd. 2.  Requirement.  Except as provided in section 85.054, a motor vehicle may not enter a state park, state recreation area, or state wayside over 50 acres in area, without a state park permit issued under this section or a state parks and trails plate issued under section 168.1295.  Except for vehicles permitted under subdivisions 7, paragraph (a), clause (2), and 8, the state park permit must be affixed to the lower right corner windshield of the motor vehicle and must be completely affixed by its own adhesive to the windshield, or the commissioner may, by written order, provide an alternative means to display and validate state park permits.  A motor vehicle owner or lessee is responsible for ensuring the owner's or lessee's vehicle has a state park permit, and the commissioner may issue warnings and citations under section 84.0835 to the owner or lessee of a vehicle not in compliance.

 

Sec. 38.  Minnesota Statutes 2020, section 85.053, is amended by adding a subdivision to read:

 

Subd. 5a.  Free permit; members of federally recognized tribes.  (a) The commissioner must issue an annual state park permit for no charge to any member of the 11 federally recognized tribes in Minnesota.  To qualify for a free state park permit under this subdivision, an individual must present a qualifying tribal identification, as determined by each of the tribal governments, to the park attendant on duty or other designee of the commissioner.

 

(b) For vehicles permitted under paragraph (a), the permit issued under this subdivision is valid only when displayed on a vehicle owned and occupied by the person to whom the permit is issued.

 

(c) The commissioner may issue a daily state park permit free of charge to an individual who qualifies under paragraph (a) and does not own or operate a motor vehicle.

 

EFFECTIVE DATE.  This section is effective January 1, 2022.

 

Sec. 39.  Minnesota Statutes 2020, section 85.054, subdivision 1, is amended to read:

 

Subdivision 1.  State Park Open House Days.  (a) A state park permit is not required for a motor vehicle to enter a state park, state monument, state recreation area, or state wayside, on four days each calendar year at each park, which the commissioner shall designate as State Park Open House Days.  The commissioner may designate two consecutive days as State Park Open House Days, if the open house is held in conjunction with a special pageant event described in section 85.052, subdivision 2.

 

(b) The commissioner shall announce the date of each State Park Open House Day at least 30 days in advance of the date it occurs.

 

(c) The purpose of State Park Open House Days is to acquaint the public with state parks, recreation areas, and waysides.

 

(d) On State Park Open House Days, registered overnight guests in state parks and state recreation areas are exempt from the requirements for a state park permit under section 85.053 until after the camping or lodging check‑out time of the following day in the park where the overnight stay occurred.

 

Sec. 40.  Minnesota Statutes 2020, section 85.43, is amended to read:

 

85.43 DISPOSITION OF RECEIPTS; PURPOSE.

 

(a) Fees from cross-country-ski passes shall be deposited in the state treasury and credited to a cross-country-ski account in the natural resources fund and, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, are appropriated to the commissioner of natural resources for the following purposes:


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(1) grants-in-aid for cross-country-ski trails to:

 

(i) counties and municipalities for construction and maintenance of cross-country-ski trails; and

 

(ii) special park districts as provided in section 85.44 for construction and maintenance of cross-country-ski trails; and

 

(2) administration of administering the cross-country-ski trail grant-in-aid program.; and

 

(3) developing and maintaining state cross-country-ski trails.

 

(b) Development and maintenance of state cross-country-ski trails are eligible for funding from the cross‑country-ski account if the money is appropriated by law.

 

EFFECTIVE DATE.  This section is effective retroactively from July 1, 2019.

 

Sec. 41.  Minnesota Statutes 2020, section 85.47, is amended to read:

 

85.47 SPECIAL USE SPECIAL-USE PERMITS; FEES.

 

Subdivision 1.  Special-use permits.  The commissioner may, by written order, develop reasonable policies for special-use permits to use state trails and state water access sites.  The policies are exempt from the rulemaking provisions under chapter 14, and section 14.386 does not apply.

 

Subd. 2.  Disposition of fees.  Fees collected for special use special-use permits to use state trails and state water access sites not on state forest, state park, or state recreation area lands and for use of state water access sites must be deposited in the natural resources fund and are appropriated to the commissioner of natural resources for operating and maintaining state trails and water access sites.

 

Sec. 42.  Minnesota Statutes 2020, section 89.021, is amended by adding a subdivision to read:

 

Subd. 42a.  Riverlands State Forest.

 

Sec. 43.  Minnesota Statutes 2020, section 89.17, is amended to read:

 

89.17 LEASES AND PERMITS.

 

(a) Notwithstanding the permit procedures of chapter 90, the commissioner may grant and execute, in the name of the state, leases and permits for the use of any forest lands under the authority of the commissioner for any purpose that in the commissioner's opinion is not inconsistent with the maintenance and management of the forest lands, on forestry principles for timber production.  Every such lease or permit is revocable at the discretion of the commissioner at any time subject to such conditions as may be agreed on in the lease.  The approval of the commissioner of administration is not required upon any such lease or permit.  No such lease or permit for a period exceeding 21 years shall be granted except with the approval of the Executive Council.

 

(b) Public access to the leased land for outdoor recreation is the same as access would be under state management.

 

(c) Notwithstanding section 16A.125, subdivision 5, after deducting the reasonable costs incurred for preparing and issuing the lease, all remaining proceeds from leasing school trust land and university land for roads on forest lands must be deposited into the respective permanent fund for the lands.


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(d) The commissioner may require a performance bond, security deposit, or other form of security for removing any improvements or personal property left on the leased premises by the lessee upon termination or cancellation of the lease.

 

(e) In addition to other payments required by this section, the applicant must reimburse the state for costs incurred for cultural resources review, monitoring, or other services provided by the Minnesota Historical Society under contract with the commissioner of natural resources or the State Historic Preservation Office of the Department of Administration in connection with reviewing the lease request, preparing the lease terms, or monitoring construction of improvements on the leased premises.

 

Sec. 44.  Minnesota Statutes 2020, section 89.37, subdivision 3, is amended to read:

 

Subd. 3.  Private lands.  The commissioner may supply only bare root seedlings, woody cuttings, and transplant material for use on private land, provided that such material must be sold in lots of not less than 500 250 for a sum determined by the commissioner to be equivalent to the cost of the materials and the expenses of their distribution.  The commissioner may not directly or indirectly supply any other planting stock for use on private lands.

 

Sec. 45.  Minnesota Statutes 2020, section 89A.11, is amended to read:

 

89A.11 SUNSET.

 

Sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 89A.07; 89A.08; 89A.09; 89A.10; 89A.105; and 89A.11 are repealed expire June 30, 2021 2028.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 46.  Minnesota Statutes 2020, section 92.50, is amended by adding a subdivision to read:

 

Subd. 4.  Reimbursing costs.  In addition to other payments required by this section, the applicant must reimburse the state for costs incurred for cultural resources review, monitoring, or other services provided by the Minnesota Historical Society under contract with the commissioner of natural resources or the State Historic Preservation Office of the Department of Administration in connection with reviewing the lease request, preparing the lease terms, or constructing improvements on the leased premises.

 

Sec. 47.  Minnesota Statutes 2020, section 92.502, is amended to read:

 

92.502 LEASE OF TAX-FORFEITED AND STATE LANDS.

 

(a) Notwithstanding section 282.04 or other law to the contrary, St. Louis County may enter a 30-year lease of tax-forfeited land for a wind energy project.

 

(b) The commissioner of natural resources may enter a 30-year lease of land administered by the commissioner for a wind energy project.

 

(c) The commissioner of natural resources may enter a 30-year lease of land administered by the commissioner for recreational trails and facilities.  The commissioner may assess the lease applicant a monitoring fee to cover the projected reasonable costs of monitoring construction of the recreational trail or facility and preparing special terms and conditions of the license to ensure proper construction.  The commissioner must give the applicant an estimate of the monitoring fee before the applicant is required to submit the fee.  Upon completion of construction of the trail or facility, the commissioner must refund the unobligated balance from the monitoring fee revenue.


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(d) Notwithstanding section 282.04 or other law to the contrary, Lake and St. Louis Counties may enter into 30‑year leases of tax-forfeited land for recreational trails and facilities.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 48.  [92.503] CONSERVATION PLANNING LEASES.

 

The commissioner of natural resources may lease state-owned lands as defined in section 92.01 for a term not to exceed 21 years for the purpose of investigating, analyzing, and developing conservation easements that provide ecosystem services benefits.  Leases granted under this section are not subject to section 92.50, subdivision 1, paragraph (b), with respect to Executive Council approval for commercial leases or section 92.50, subdivision 1, paragraph (d).

 

Sec. 49.  Minnesota Statutes 2020, section 94.3495, subdivision 3, is amended to read:

 

Subd. 3.  Valuation of land.  (a) In an exchange of class 1 land for class 2 or 3 land, the value of all the land shall be determined by the commissioner of natural resources, but the county board must approve the value determined for the class 2 land, and the governmental subdivision of the state must approve the value determined for the class 3 land.  In an exchange of class 2 land for class 3 land, the value of all the land shall be determined by the county board of the county in which the land lies, but the governmental subdivision of the state must approve the value determined for the class 3 land.

 

(b) To determine the value of the land, the parties to the exchange may either (1) cause the land to be appraised, or (2) determine the value for each 40-acre tract or lot, or a portion thereof, using the most current township or county assessment schedules within the preceding two years for similar land types from the county assessor of the county in which the lands are located.  Merchantable timber value should be considered in finalizing valuation of the lands.

 

(c) Except for school trust lands and university lands, the lands exchanged under this section shall be exchanged only for lands of at least substantially equal value.  For the purposes of this subdivision, "substantially equal value" has the meaning given under section 94.343, subdivision 3, paragraph (b).  No payment is due either party if the lands, other than school trust lands or university lands, are of substantially equal value but are not of the same value.

 

(d) School trust lands and university lands exchanged under this section must be exchanged only for lands of equal or greater value.

 

Sec. 50.  Minnesota Statutes 2020, section 97A.075, subdivision 1, is amended to read:

 

Subdivision 1.  Deer, bear, and lifetime licenses.  (a) For purposes of this subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2, clauses (5), (6), (7), (13) (15), (14) (16), and (15) (17); 3, paragraph (a), clauses (2), (3), (4), (10) (12), (11) (13), and (12) (14); and 8, paragraph (b), and licenses issued under section 97B.301, subdivision 4.

 

(b) The deer management account is established as an account in the game and fish fund and may be used only for deer habitat improvement or deer management programs, including a computerized licensing system.  The following amounts must be credited to the deer management account:

 

(1) $16 from each annual deer license issued under section 97A.475, subdivisions 2, clauses (5), (6), and (7); 3, paragraph (a), clauses (2), (3), and (4); and 8, paragraph (b);

 

(2) $2 from each annual deer license issued under sections 97A.475, subdivisions 2, clauses (13) (15), (14) (16), and (15) (17); and 3, paragraph (a), clauses (10) (12), (11) (13), and (12) (14); and 97B.301, subdivision 4; and


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(3) $16 annually from the lifetime fish and wildlife trust fund, established under section 97A.4742, for each license issued to a person 18 years of age or older under section 97A.473, subdivision 4, and $2 annually from the lifetime fish and wildlife trust fund for each license issued to a person under 18 years of age.

 

(c) $1 from each annual deer license and each bear license and $1 annually from the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued under section 97A.473, subdivision 4, must be credited to the deer and bear management account and is appropriated to the commissioner for deer- and bear-management programs, including a computerized licensing system.

 

(d) Fifty cents from each deer license is credited to the emergency deer feeding and wild Cervidae health‑management account and is appropriated for emergency deer feeding and wild Cervidae health management.  Money appropriated for emergency deer feeding and wild Cervidae health management is available until expended.

 

(e) When the unencumbered balance in the appropriation for emergency deer feeding and wild Cervidae health management exceeds $2,500,000 at the end of a fiscal year, the unencumbered balance over $2,500,000 is canceled and is available for deer- and bear-management programs and computerized licensing.

 

Sec. 51.  Minnesota Statutes 2020, section 97A.075, subdivision 7, is amended to read:

 

Subd. 7.  Wolf licenses; account established.  (a) For purposes of this subdivision, "wolf license" means a license or permit issued under section 97A.475, subdivision 2, clause (20) (22); 3, paragraph (a), clause (16) (18); or 20, paragraph (b).

 

(b) A wolf management and monitoring account is created in the game and fish fund.  Revenue from wolf licenses must be credited to the wolf management and monitoring account and is appropriated to the commissioner only for wolf management, research, damage control, enforcement, and education.  Notwithstanding any other law to the contrary, money credited to the account may not be used to pay indirect costs or agency shared services.

 

Sec. 52.  Minnesota Statutes 2020, section 97A.126, is amended by adding a subdivision to read:

 

Subd. 3.  Walk-in-access hunter validation; fee.  The fee for a walk-in-access hunter validation is $3.

 

Sec. 53.  Minnesota Statutes 2020, section 97A.401, subdivision 1, is amended to read:

 

Subdivision 1.  Commissioner's authority.  The commissioner may issue special permits for the activities in this section.  A special permit may be issued in the form of a general permit to a governmental subdivision or to the general public to conduct one or more activities under subdivisions 2 to 7 8.

 

Sec. 54.  Minnesota Statutes 2020, section 97A.401, is amended by adding a subdivision to read:

 

Subd. 8.  Snakes, lizards, and salamanders.  The commissioner must prescribe conditions and may issue permits to breed, propagate, and sell snakes, lizards, and salamanders.  A snake, lizard, or salamander that is obtained from a permitted breeder or that was possessed before August 1, 2021, may be possessed as a pet.

 

Sec. 55.  Minnesota Statutes 2020, section 97A.421, subdivision 1, is amended to read:

 

Subdivision 1.  General.  (a) The annual license of a person convicted of a violation of the game and fish laws relating to the license or wild animals covered by the license is void when:

 

(1) a second conviction occurs within three years under a license to trap fur-bearing animals, take small game, or to take fish by angling or spearing;

 

(2) a third second conviction occurs within one year three years under a minnow dealer's license;


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(3) a second conviction occurs within three years for violations of section 97A.425 that do not involve falsifications or intentional omissions of information required to be recorded, or attempts to conceal unlawful acts within the records;

 

(4) two or more misdemeanor convictions occur within a three-year period under a private fish hatchery license;

 

(5) the conviction occurs under a license not described in clause (1), (2), or (4) or is for a violation of section 97A.425 not described in clause (3); or

 

(6) the conviction is related to assisting a person in the illegal taking, transportation, or possession of wild animals, when acting as a hunting or angling guide.

 

(b) Except for big-game licenses and as otherwise provided in this section, for one year after the conviction the person may not obtain the kind of license or take wild animals under a lifetime license, issued under section 97A.473 or 97A.474, relating to the game and fish law violation.

 

Sec. 56.  Minnesota Statutes 2020, section 97A.421, is amended by adding a subdivision to read:

 

Subd. 3b.  Issuance after conviction; night vision or thermal imaging equipment.  (a) A person who is convicted of a violation under paragraph (b) and who possessed night vision or thermal imaging equipment during the violation may not obtain a hunting license or hunt wild animals for five years from the date of conviction.

 

(b) The revocation under this subdivision applies to convictions for:

 

(1) trespassing;

 

(2) hunting game in closed season;

 

(3) hunting game in closed hours;

 

(4) possessing night vision or thermal imaging equipment while taking wild animals in violation of section 97B.086; or

 

(5) possessing unlawful firearms in deer zones in violation of section 97B.041.

 

Sec. 57.  Minnesota Statutes 2020, section 97A.475, subdivision 2, is amended to read:

 

Subd. 2.  Resident hunting.  Fees for the following licenses, to be issued to residents only, are:

 

(1) for persons age 18 or over and under age 65 to take small game, $15.50;

 

(2) for persons age 65 or over, $7 to take small game;

 

(3) for persons age 18 or over to take turkey, $26;

 

(4) for persons age 13 or over and under age 18 to take turkey, $5;

 

(5) for persons age 18 or over to take deer with firearms during the regular firearms season, $34;

 

(6) for persons age 18 or over to take deer by archery, $34;

 

(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader season, $34;


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(8) to take moose, for a party of not more than six persons, $356;

 

(9) for persons age 18 or over to take bear, $44;

 

(10) to take elk, for a party of not more than two persons, $287;

 

(11) to take Canada geese during a special season, $4;

 

(12) to take light geese during the light goose conservation order, $2.50;

 

(13) to take sandhill crane during the sandhill crane season, $3;

 

(12) (14) to take prairie chickens, $23;

 

(13) (15) for persons age 13 or over and under age 18 to take deer with firearms during the regular firearms season, $5;

 

(14) (16) for persons age 13 or over and under age 18 to take deer by archery, $5;

 

(15) (17) for persons age 13 or over and under age 18 to take deer by muzzleloader during the muzzleloader season, $5;

 

(16) (18) for persons age 10, 11, or 12 to take bear, no fee;

 

(17) (19) for persons age 13 or over and under age 18 to take bear, $5;

 

(18) (20) for persons age 18 or over to take small game for a consecutive 72-hour period selected by the licensee, $19, of which an amount equal to one-half of the fee for the migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited in the waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half of the small-game surcharge under subdivision 4, shall be deposited in the wildlife acquisition account;

 

(19) (21) for persons age 16 or over and under age 18 to take small game, $5;

 

(20) (22) to take wolf, $30;

 

(21) (23) for persons age 12 and under to take turkey, no fee;

 

(22) (24) for persons age 10, 11, or 12 to take deer by firearm, no fee;

 

(23) (25) for persons age 10, 11, or 12 to take deer by archery, no fee; and

 

(24) (26) for persons age 10, 11, or 12 to take deer by muzzleloader during the muzzleloader season, no fee.

 

Sec. 58.  Minnesota Statutes 2020, section 97A.475, subdivision 3, is amended to read:

 

Subd. 3.  Nonresident hunting.  (a) Fees for the following licenses, to be issued to nonresidents, are:

 

(1) for persons age 18 or over to take small game, $90.50;

 

(2) for persons age 18 or over to take deer with firearms during the regular firearms season, $180;


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(3) for persons age 18 or over to take deer by archery, $180;

 

(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader season, $180;

 

(5) for persons age 18 or over to take bear, $225;

 

(6) for persons age 18 or over to take turkey, $91;

 

(7) for persons age 13 or over and under age 18 to take turkey, $5;

 

(8) to take raccoon or bobcat, $178;

 

(9) to take Canada geese during a special season, $4;

 

(10) to take light geese during the light goose conservation order, $2.50;

 

(11) to take sandhill crane during the sandhill crane season, $3;

 

(10) (12) for persons age 13 or over and under age 18 to take deer with firearms during the regular firearms season in any open season option or time period, $5;

 

(11) (13) for persons age 13 or over and under age 18 to take deer by archery, $5;

 

(12) (14) for persons age 13 or over and under age 18 to take deer during the muzzleloader season, $5;

 

(13) (15) for persons age 13 or over and under 18 to take bear, $5;

 

(14) (16) for persons age 18 or over to take small game for a consecutive 72-hour period selected by the licensee, $75, of which an amount equal to one-half of the fee for the migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited in the waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half of the small-game surcharge under subdivision 4, shall be deposited into the wildlife acquisition account;

 

(15) (17) for persons age 16 or 17 to take small game, $5;

 

(16) (18) to take wolf, $250;

 

(17) (19) for persons age 12 and under to take turkey, no fee;

 

(18) (20) for persons age ten, 11, or 12 to take deer by firearm, no fee;

 

(19) (21) for persons age ten, 11, or 12 to take deer by archery, no fee;

 

(20) (22) for persons age ten, 11, or 12 to take deer by muzzleloader during the muzzleloader season, no fee; and

 

(21) (23) for persons age 10, 11, or 12 to take bear, no fee.

 

(b) A $5 surcharge shall be added to nonresident hunting licenses issued under paragraph (a), clauses (1) to (6) and (8).  An additional commission may not be assessed on this surcharge.


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Sec. 59.  Minnesota Statutes 2020, section 97A.475, subdivision 3a, is amended to read:

 

Subd. 3a.  Deer license donation and surcharge.  (a) A person may agree to add a donation of $1, $3, or $5 to the fees for annual resident and nonresident licenses to take deer by firearms or archery established under subdivisions 2, clauses (5), (6), (7), (13) (15), (14) (16), and (15) (17), and 3, paragraph (a), clauses (2), (3), (4), (10) (12), (11) (13), and (12) (14).

 

(b) Beginning March 1, 2008, fees for bonus licenses to take deer by firearms or archery established under section 97B.301, subdivision 4, must be increased by a surcharge of $1.

 

(c) An additional commission may not be assessed on the donation or surcharge.

 

Sec. 60.  Minnesota Statutes 2020, section 97A.475, subdivision 4, is amended to read:

 

Subd. 4.  Small-game surcharge and donation.  (a) Fees for annual licenses to take small game must be increased by a surcharge of $6.50, except licenses under subdivisions 2, clauses (18) (20) and (19) (21); and 3, paragraph (a), clause (14) (16) and (17).  An additional commission may not be assessed on the surcharge and the following statement must be included in the annual small-game-hunting regulations:  "This $6.50 surcharge is being paid by hunters for the acquisition and development of wildlife lands.  "

 

(b) A person may agree to add a donation of $1, $3, or $5 to the fees for annual resident and nonresident licenses to take small game.  An additional commission may not be assessed on the donation.  The following statement must be included in the annual small-game-hunting regulations:  "The small-game license donations are being paid by hunters for administration of the walk-in access program.  "

 

Sec. 61.  Minnesota Statutes 2020, section 97A.505, subdivision 3b, is amended to read:

 

Subd. 3b.  Wild animals taken on Red Lake Reservation lands within Northwest Angle.  Wild animals taken and tagged on the Red Lake Reservation lands in accordance with the Red Lake Band's Conservation Code on the Red Lake Reservation lands in Minnesota north of the 49th parallel shall be and all applicable federal law are considered lawfully taken and possessed under state law.  Possessing wild animals harvested under this subdivision is in addition to any state limits.

 

Sec. 62.  Minnesota Statutes 2020, section 97A.505, subdivision 8, is amended to read:

 

Subd. 8.  Importing hunter-harvested Cervidae carcasses.  (a) Importing hunter-harvested Cervidae carcasses procured by any means into Minnesota is prohibited except for cut and wrapped meat, quarters or other portions of meat with no part of the spinal column or head attached, antlers, hides, teeth, finished taxidermy mounts, and antlers attached to skull caps that are cleaned of all brain tissue.  Hunter-harvested

 

(b) Cervidae carcasses taken originating from outside of Minnesota may be transported on a direct route through the state by nonresidents.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 63.  Minnesota Statutes 2020, section 97B.022, is amended by adding a subdivision to read:

 

Subd. 3.  Apprentice-hunter validation; fee.  The fee for an apprentice-hunter validation is $3.50.  Fees collected must be deposited in the firearms safety training account, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, and issuing fees collected under section 97A.485, subdivision 6, and are appropriated annually to the Enforcement Division of the Department of Natural Resources for administering the firearm safety course program.


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Sec. 64.  Minnesota Statutes 2020, section 97B.036, is amended to read:

 

97B.036 CROSSBOW HUNTING DURING FIREARMS SEASON.

 

Notwithstanding section 97B.035, subdivisions 1 and 2, a person may take deer, bear, or turkey by crossbow during the respective regular firearms seasons.  The transportation requirements of section 97B.051 apply to crossbows during the regular firearms deer, bear, or turkey season.  Crossbows must meet the requirements of section 97B.106, subdivision 2.  A person taking deer, bear, or turkey by crossbow under this section must have a valid firearms license to take the respective game by firearm.  This section does not allow the use of a crossbow by licensed muzzleloader hunters during the muzzleloader firearms deer season under section 97B.311.

 

Sec. 65.  Minnesota Statutes 2020, section 97B.055, subdivision 2, is amended to read:

 

Subd. 2.  Restrictions related to motor vehicles.  (a) A person may not take a wild animal with a firearm or by archery from a motor vehicle except as permitted in this section.

 

(b) A person may not shoot at a decoy of a wild animal that is placed by a licensed peace officer by:

 

(1) discharging a firearm from a motor vehicle; or

 

(2) discharging an arrow from a bow from a motor vehicle.

 

(c) Notwithstanding section 97B.091, a person may transport a bow uncased while in a motorized watercraft and may take rough fish while in the boat as provided in section 97C.376, subdivision 3.

 

Sec. 66.  Minnesota Statutes 2020, section 97B.086, is amended to read:

 

97B.086 POSSESSING NIGHT VISION OR THERMAL IMAGING EQUIPMENT.

 

(a) A person may not possess night vision or thermal imaging equipment while taking wild animals or while having in possession, either individually or as one of a group of persons, a firearm, bow, or other implement that could be used to take wild animals.

 

(b) This section does not apply to a firearm that is:

 

(1) unloaded;

 

(2) in a gun case expressly made to contain a firearm that fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of the firearm exposed; and

 

(3) in the closed trunk of a motor vehicle.

 

(c) This section does not apply to a bow that is:

 

(1) completely encased or unstrung; and

 

(2) in the closed trunk of a motor vehicle.

 

(d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm or bow must be placed in the rearmost location of the vehicle.


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(e) This section does not apply to night vision, night vision enhanced with an infrared illuminator, or thermal imaging equipment possessed by:

 

(1) peace officers or military personnel while exercising their duties; or

 

(2) a person taking coyote or fox as provided under section 97B.075 and rules adopted under section 97B.605, but the equipment must not be possessed during the regular firearms deer season.

 

Sec. 67.  Minnesota Statutes 2020, section 97B.715, subdivision 1, is amended to read:

 

Subdivision 1.  Stamp required.  (a) Except as provided in paragraph (b) or section 97A.405, subdivision 2, a person required to possess a small-game license may not hunt pheasants without a pheasant stamp validation.

 

(b) The following persons are exempt from this subdivision:

 

(1) residents and nonresidents under age 18 and residents over age 65;

 

(2) persons hunting on licensed commercial shooting preserves;

 

(3) resident disabled veterans with a license issued under section 97A.441, subdivision 6a; and

 

(4) residents and nonresidents hunting on licenses issued under section 97A.475, subdivision 2, clause (18) (20); or 3, paragraph (a), clause (14) (16).

 

Sec. 68.  Minnesota Statutes 2020, section 97B.801, is amended to read:

 

97B.801 MINNESOTA MIGRATORY-WATERFOWL STAMP REQUIRED.

 

(a) Except as provided in this section or section 97A.405, subdivision 2, a person required to possess a small‑game license may not take migratory waterfowl without a migratory-waterfowl stamp validation.

 

(b) Residents under age 18 or over age 65; resident disabled veterans with a license issued under section 97A.441, subdivision 6a; and persons hunting on their own property are not required to possess a stamp validation under this section.

 

(c) Residents and nonresidents with licenses issued under section 97A.475, subdivision 2, clause (18) (20); or 3, paragraph (a), clause (14) (16), are not required to possess a stamp validation under this section.

 

Sec. 69.  Minnesota Statutes 2020, section 97B.811, subdivision 4a, is amended to read:

 

Subd. 4a.  Restrictions on certain motorized decoys.  From the opening day of the duck season through the Saturday nearest October 8, a person may not use a motorized decoy, or other motorized device designed to attract migratory waterfowl.  During the remainder of the duck season, the commissioner may, by rule, designate all or any portion of a wetland or lake closed to the use of motorized decoys or motorized devices designed to attract migratory waterfowl.  On water bodies and lands fully contained within wildlife management area boundaries, a person may not use motorized decoys or motorized devices designed to attract migratory waterfowl at any time during the duck season.

 

Sec. 70.  Minnesota Statutes 2020, section 97C.005, subdivision 3, is amended to read:

 

Subd. 3.  Seasons, limits, and other rules.  The commissioner may, in accordance with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14, establish open seasons, limits, methods, and other requirements for taking fish on special management waters.  The commissioner may, by written order published in


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the State Register, amend daily, possession, or size limits to make midseason adjustments based on available harvest, angling pressure, and population data to manage the fisheries in the 1837 Ceded Territory in compliance with the court orders in Mille Lacs Band of Chippewa v. Minnesota, 119 S. Ct.1187 (1999) and in the state waters of Upper Red Lake.  The midseason adjustments in daily, possession, or size limits are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.  Before the written order is effective, the commissioner shall attempt to notify persons or groups of persons affected by the written order by public announcement, posting, and other appropriate means as determined by the commissioner.

 

Sec. 71.  Minnesota Statutes 2020, section 97C.081, subdivision 3, is amended to read:

 

Subd. 3.  Contests requiring permit.  (a) Unless subdivision 3a applies, a person must have a permit from the commissioner to conduct a fishing contest if:

 

(1) there are more than 25 boats for open-water contests, more than 150 participants for ice-fishing contests, or more than 100 participants for shore-fishing contests;

 

(2) entry fees are more than $25 per person; or

 

(3) the contest is limited to trout species.

 

(b) The commissioner shall charge a fee for the permit that recovers the costs of issuing the permit and of monitoring the activities allowed by the permit.  Notwithstanding section 16A.1283, the commissioner may, by written order published in the State Register, establish contest permit fees.  The fees are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply.

 

(c) The commissioner may require the applicant to furnish evidence of financial responsibility in the form of a surety bond or bank letter of credit in the amount of $25,000 if entry fees are over $25 per person, or total prizes are valued at more than $25,000, and if the applicant has either:

 

(1) not previously conducted a fishing contest requiring a permit under this subdivision; or

 

(2) ever failed to make required prize awards in a fishing contest conducted by the applicant.

 

(d) The permit fee for any individual contest may not exceed the following amounts:

 

(1) $70 for an open-water contest not exceeding 50 boats and without off-site weigh-in;

 

(2) $225 for an open-water contest with more than 50 boats and without off-site weigh-in;

 

(3) $280 for an open-water contest not exceeding 50 boats with off-site weigh-in;

 

(4) $560 for an open-water contest with more than 50 boats with off-site weigh-in; or

 

(5) $135 for an ice-fishing contest with more than 150 participants.; or

 

(6) $50 for a contest where all participants are age 18 years or under.

 

Sec. 72.  Minnesota Statutes 2020, section 97C.081, subdivision 3a, is amended to read:

 

Subd. 3a.  No permit required.  A person may conduct a fishing contest without a permit from the commissioner if:

 

(1) the contest is not limited to specifically named waters;


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(2) all the contest participants are age 18 years or under;

 

(3) (2) the contest is limited to rough fish and participants are required to fish with a hook and line; or

 

(4) (3) the total prize value is $500 or less.

 

Sec. 73.  Minnesota Statutes 2020, section 97C.342, subdivision 2, is amended to read:

 

Subd. 2.  Bait restrictions.  (a) Frozen or dead fish on the official list of viral hemorrhagic septicemia susceptible species published by the United States Department of Agriculture, Animal and Plant Health Inspection Services VHS-susceptible-species list under section 17.4982, subdivision 21b; cisco (all Coregonus, including lake herring and tullibee); and smelt (all Osmerus, Spirincus, Hypomesus, and Allosmerus) being used as bait in waters of the state must originate from water bodies certified disease-free.  A water body is certified as disease-free if:

 

(1) the water body has been tested for viral hemorrhagic septicemia and the testing indicates the disease is not present; or

 

(2) the water body is located within a viral hemorrhagic septicemia-free zone posted on the Department of Natural Resources website.

 

(b) Certification for these individually tested water bodies is valid for one year from the date of test results.  Certification of water bodies within a viral hemorrhagic septicemia-free zone posted on the Department of Natural Resources website is valid for the dates included in the posting.  A viral hemorrhagic septicemia-free certification is also referred to as fish health certification.

 

Sec. 74.  Minnesota Statutes 2020, section 97C.401, is amended by adding a subdivision to read:

 

Subd. 3.  Gar.  The commissioner must annually establish daily and possession limits for gar under section 84.027, subdivision 13, paragraph (b).

 

Sec. 75.  Minnesota Statutes 2020, section 97C.605, subdivision 3, is amended to read:

 

Subd. 3.  Taking; methods prohibited.  (a) A person may not take turtles in any manner, except by the use of using:

 

(1) explosives, drugs, poisons, lime, and other harmful substances;

 

(2) traps, except as provided in paragraph (b) and rules adopted under this section;

 

(3) nets other than anglers' fish landing nets; or

 

(4) commercial equipment, except as provided in rules adopted under this section.;

 

(5) firearms and ammunition;

 

(6) bow and arrow or crossbow; or

 

(7) spears, harpoons, or any other implements that impale turtles.

 

(b) Until new rules are adopted under this section, a person with a turtle seller's license may take turtles with a floating turtle trap that:

 

(1) has one or more openings above the water surface that measure at least ten inches by four inches; and


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(2) has a mesh size of not less than one-half inch, bar measure.

 

Sec. 76.  Minnesota Statutes 2020, section 97C.611, is amended to read:

 

97C.611 SNAPPING TURTLES TURTLE SPECIES; LIMITS.

 

Subdivision 1.  Snapping turtles.  A person may not possess more than three snapping turtles of the species Chelydra serpentina without a turtle seller's license.  Until new rules are adopted under section 97C.605, a person may not take snapping turtles of a size less than ten inches wide including curvature, measured from side to side across the shell at midpoint.  After new rules are adopted under section 97C.605, a person may only take snapping turtles of a size specified in the adopted rules.

 

Subd. 2.  Western painted turtles.  (a) A person may not possess more than three Western painted turtles of the species Chrysemys picta without a turtle seller's license.  Western painted turtles must be between 4 and 5-1/2 inches in shell length.

 

(b) This subdivision does not apply to persons acting under section 97C.605, subdivision 2c, clause (4).

 

Subd. 3.  Spiny softshell.  A person may not possess spiny softshell turtles of the species Apalone spinifera after December 1, 2021, without an aquatic farm or private fish hatchery license with a turtle endorsement. 

 

Subd. 4.  Other species.  A person may not possess any other species of turtle without an aquatic farm or private fish hatchery license with a turtle endorsement or as specified under section 97C.605, subdivision 2c.

 

Sec. 77.  Minnesota Statutes 2020, section 97C.805, subdivision 2, is amended to read:

 

Subd. 2.  Restrictions.  (a) The Netting of lake whitefish and ciscoes is subject to the restrictions in this subdivision.

 

(b) A person may not use:

 

(1) more than two nets one net;

 

(2) a net more than 100 feet long; or

 

(3) a net more than three feet wide.

 

(c) The mesh size of the nets net may not be less than:

 

(1) 1-3/4 inches, stretch measure, for nets used to take ciscoes; and

 

(2) 3-1/2 inches, stretch measure, for all other nets.

 

(d) A net may not be set in water, including ice thickness, deeper than six feet.

 

(e) The commissioner may designate waters where nets may be set so that portions of the net extend into water deeper than six feet under conditions prescribed by the commissioner to protect game fish.  A pole or stake must project at least two feet above the surface of the water or ice at one end of each the net.

 

(f) A net may not be set within 50 feet of another net.

 

(g) A person may not have angling equipment in possession while netting lake whitefish or ciscoes.

 

Sec. 78.  Minnesota Statutes 2020, section 97C.836, is amended to read:


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97C.836 LAKE SUPERIOR LAKE TROUT; EXPANDED ASSESSMENT HARVEST.

 

The commissioner shall provide for taking of lake trout by licensed commercial operators in Lake Superior management zones MN-3 and MN-2 for expanded assessment and sale.  The commissioner shall authorize expanded assessment taking and sale of lake trout in Lake Superior management zone MN-3 beginning annually in 2007 and zone MN-2 beginning annually in 2010.  Total assessment taking and sale may not exceed 3,000 lake trout in zone MN-3 and 2,000 lake trout in zone MN-2 and may be reduced when necessary to protect the lake trout population or to manage the effects of invasive species or fish disease.  Taking lake trout for expanded assessment and sale shall be allowed from June 1 to September 30, but may end earlier in the respective zones if the quotas are reached.  The quotas must be reassessed at the expiration of the current ten-year Fisheries Management Plan for the Minnesota Waters of Lake Superior dated September 2006.

 

Sec. 79.  Minnesota Statutes 2020, section 103C.315, subdivision 4, is amended to read:

 

Subd. 4.  Compensation.  A supervisor shall receive compensation for services up to $75 $125 per day, and may be reimbursed for expenses, including traveling expenses, necessarily incurred in the discharge of duties.  A supervisor may be reimbursed for the use of the supervisor's own automobile in the performance of official duties at a rate up to the maximum tax-deductible mileage rate permitted under the federal Internal Revenue Code.

 

Sec. 80.  [103F.05] WATER QUALITY AND STORAGE PROGRAM.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the terms in this subdivision have the meanings given them.

 

(b) "Board" means the Board of Water and Soil Resources.

 

(c) "Local units of government" has the meaning given under section 103B.305, subdivision 5.

 

(d) "Water quality and storage practices" means those practices that sustain or improve water quality via surface water rate and volume and ecological management, including but not limited to:

 

(1) retention structures and basins;

 

(2) acquisition of flowage rights;

 

(3) soil and substrate infiltration;

 

(4) wetland restoration, creation, or enhancement;

 

(5) channel restoration or enhancement; and

 

(6) floodplain restoration or enhancement.

 

Subd. 2.  Establishment.  (a) The board must establish a program to provide financial assistance to local units of government to control water volume and rates to protect infrastructure, improve water quality and related public benefits, and mitigate climate change impacts.

 

(b) In establishing a water quality and storage program, the board must give priority to the Minnesota River basin and the lower Mississippi River basin in Minnesota.


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Subd. 3.  Financial assistance.  (a) The board may provide financial assistance to local units of government to cover the costs of water storage projects and other water quality and storage practices consistent with a plan approved according to chapter 103B, 103C, or 103D.  Eligible costs include costs for property and equipment acquisition, design, engineering, construction, and management.  The board may acquire conservation easements under sections 103F.501 to 103F.531 as necessary to implement a project or practice under this section.

 

(b) The board must enter into agreements with local units of government receiving financial assistance under this section.  The agreements must specify the terms of state and local cooperation, including the financing arrangement for constructing any structures and assuring maintenance of the structures after completion.

 

Subd. 4.  Matching contribution.  The board must require a matching contribution when providing financial assistance under this section and may adjust matching requirements if federal funds are available for the project.

 

Subd. 5.  Technical assistance.  (a) The board may employ or contract with an engineer or hydrologist to work on the technical implementation of the program established under this section.

 

(b) When implementing the program, the board must:

 

(1) assist local units of government in achieving the goals of the program;

 

(2) review and analyze projects and project sites; and

 

(3) evaluate the effectiveness of completed projects constructed under the program.

 

(c) The board must cooperate with the commissioner of natural resources, the United States Department of Agriculture Natural Resources Conservation Service, and other agencies as needed to analyze hydrological, climate, and engineering information on proposed sites.

 

Subd. 6.  Requirements.  (a) A local unit of government applying for financial assistance under this section must provide a copy of a resolution or other documentation of the local unit of government's support for the project.  The documentation must include provisions for local funding and management, the proposed method of obtaining necessary land rights for the proposed project, and an assignment of responsibility for maintaining any structures or practices upon completion.

 

(b) A local unit of government, with the assistance of the board, must evaluate the public benefits that are reasonably expected upon completing the proposed project.  The evaluation must be submitted to the board before the final design.

 

Subd. 7.  Interstate cooperation.  The board may enter into or approve working agreements with neighboring states or their political subdivisions to accomplish projects consistent with the program established under this section.

 

Subd. 8.  Federal aid availability.  The board must regularly analyze the availability of federal funds and programs to supplement or complement state and local efforts consistent with the purposes of this section.

 

Sec. 81.  Minnesota Statutes 2020, section 103G.271, subdivision 4a, is amended to read:

 

Subd. 4a.  Mt. Simon-Hinckley aquifer.  (a) The commissioner may not issue new water-use permits that will appropriate water from the Mt. Simon-Hinckley aquifer in a metropolitan county, as defined in section 473.121, subdivision 4, unless the appropriation is for potable water use, there are no feasible or practical alternatives to this source, and a water conservation plan is incorporated with the permit.


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(b) The commissioner shall terminate all permits authorizing appropriation and use of water from the Mt. Simon‑Hinckley aquifer for once-through systems in a metropolitan county, as defined in section 473.121, subdivision 4, by December 31, 1992.

 

Sec. 82.  Minnesota Statutes 2020, section 103G.271, is amended by adding a subdivision to read:

 

Subd. 4b.  Bulk transport or sale.  (a) To maintain the supply of drinking water for future generations and except as provided under paragraph (b), the commissioner may not issue a new water-use permit to appropriate water in excess of one million gallons per year for bulk transport or sale of water for consumptive use to a location more than 50 miles from the point of the proposed appropriation.

 

(b) Paragraph (a) does not apply to a water-use permit for a public water supply, as defined under section 144.382, subdivision 4, issued to a local unit of government, rural water district established under chapter 116A, or Tribal unit of government if:

 

(1) the use is solely for the public water supply;

 

(2) the local unit of government, rural water district established under chapter 116A, or Tribal unit of government has a property interest at the point of the appropriation;

 

(3) the communities that will use the water are located within 100 miles of the point of appropriation; and

 

(4) the requirements in sections 103G.265, 103G.285, and 103G.287 are met.

 

Sec. 83.  Minnesota Statutes 2020, section 103G.401, is amended to read:

 

103G.401 APPLICATION TO ESTABLISH LAKE LEVELS.

 

(a) Applications for authority to establish and maintain levels of public waters and applications to establish the natural ordinary high-water level of public waters may be made to the commissioner by a public body or authority or by a majority of the riparian owners on the public waters.

 

(b) To conserve or utilize the water resources of the state, the commissioner may initiate proceedings to establish and maintain the level of public waters.

 

(c) When establishing an ordinary high-water level, the commissioner must provide written or electronic notice of the order to the local units of government where the public water is located.

 

Sec. 84.  [103G.413] APPEAL OF ORDER ESTABLISHING ORDINARY HIGH-WATER LEVEL.

 

Subdivision 1.  Petition.  A local unit of government may petition for review of the ordinary high-water level.  A petition may be filed on behalf of the local unit of government or riparian landowner affected by the ordinary high‑water level.  The petition must be filed by the local unit of government and include reasons why the determination should be reviewed and evidence to be considered as part of the review.

 

Subd. 2.  Review.  If a local unit of government files a petition under this section, the commissioner must review the petition within 90 days of the request and issue a final order.  The commissioner may extend this period by 90 days by providing written notice of the extension to the applicant.  Any further extension requires the agreement of the petitioner.


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Sec. 85.  Minnesota Statutes 2020, section 115A.1310, subdivision 12b, is amended to read:

 

Subd. 12b.  Phase II recycling credits.  "Phase II recycling credits" means the number of pounds of covered electronic devices recycled by a manufacturer during a program year beginning July 1, 2019, and thereafter, from households located outside the 11-county metropolitan area, as defined in section 115A.1314, subdivision 2, less the manufacturer's recycling obligation calculated for the same program year in section 115A.1320, subdivision 1, paragraph (g).  an amount calculated in a program year beginning July 1, 2019, and in each program year thereafter, according to the formula (1.5 x A) - (B - C), where:

 

A = the number of pounds of covered electronic devices a manufacturer recycled or arranged to have collected and recycled during a program year from households located outside the 11-county metropolitan area, as defined in section 115A.1314, subdivision 2;

 

B = the manufacturer's recycling obligation calculated for the same program year in section 115A.1320, subdivision 1, paragraph (g); and

 

C = the number of pounds of covered electronic devices a manufacturer recycled or arranged to have collected and recycled, up to but not exceeding B, during the same program year from households in the 11-county metropolitan area.

 

Sec. 86.  Minnesota Statutes 2020, section 115A.1312, subdivision 1, is amended to read:

 

Subdivision 1.  Requirements for sale.  (a) On or after September 1, 2007, a manufacturer must not sell or offer for sale or deliver to retailers for subsequent sale a new video display device unless:

 

(1) the video display device is labeled with the manufacturer's brand, which label is permanently affixed and readily visible; and

 

(2) the manufacturer has filed a registration with the agency, as specified in subdivision 2.

 

(b) On or after February 1, 2008, a retailer who sells or offers for sale a new video display device to a household must, before the initial offer for sale, review the agency website specified in subdivision 2, paragraph (g), to determine that all new video display devices that the retailer is offering for sale are labeled with the manufacturer's brands that are registered with the agency.

 

(b) A retailer must not sell, offer for sale, rent, or lease a video display device unless the video display device is labeled according to this subdivision and listed as registered on the agency website according to subdivision 2.

 

(c) A retailer is not responsible for an unlawful sale under this subdivision if the manufacturer's registration expired or was revoked and the retailer took possession of the video display device prior to the expiration or revocation of the manufacturer's registration and the unlawful sale occurred within six months after the expiration or revocation.

 

Sec. 87.  Minnesota Statutes 2020, section 115A.1314, subdivision 1, is amended to read:

 

Subdivision 1.  Registration fee.  (a) Each manufacturer who registers under section 115A.1312 must, by August 15 each year, pay to the commissioner of revenue an annual registration fee, on a form and in a manner prescribed by the commissioner of revenue.  The commissioner of revenue must deposit the fee in the state treasury and credit the fee to the environmental fund.


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(b) The registration fee for manufacturers that sell 100 or more video display devices to households in the state during the previous calendar year is $2,500, plus a variable recycling fee.  The registration fee for manufacturers that sell fewer than 100 video display devices in the state during the previous calendar year is a variable recycling fee.  The variable recycling fee is calculated according to the formula:

 

[A - (B + C)] x D, where:

 

A = the manufacturer's recycling obligation as determined under section 115A.1320;

 

B = the number of pounds of covered electronic devices recycled by that a manufacturer recycled or arranged to have collected and recycled from households during the immediately preceding program year, as reported under section 115A.1316, subdivision 1;

 

C = the number of phase I or phase II recycling credits a manufacturer elects to use to calculate the variable recycling fee; and

 

D = the estimated per-pound cost of recycling, initially set at $0.50 per pound for manufacturers who recycle less than 50 percent of the manufacturer's recycling obligation; $0.40 per pound for manufacturers who recycle at least 50 percent but less than 90 percent of the manufacturer's recycling obligation; $0.30 per pound for manufacturers who recycle at least 90 percent but less than 100 percent of the manufacturer's recycling obligation; and $0.00 per pound for manufacturers who recycle 100 percent or more of the manufacturer's recycling obligation.

 

(c) A manufacturer may petition the agency to waive the per-pound cost of recycling fee, element D in the formula in paragraph (b), required under this section.  The agency shall direct the commissioner of revenue to waive the per-pound cost of recycling fee if the manufacturer demonstrates to the agency's satisfaction a good faith effort to meet its recycling obligation as determined under section 115A.1320.  The petition must include:

 

(1) documentation that the manufacturer has met at least 75 percent of its recycling obligation as determined under section 115A.1320;

 

(2) a list of political subdivisions and public and private collectors with whom the manufacturer had a formal contract or agreement in effect during the previous program year to recycle or collect covered electronic devices;

 

(3) the total amounts of covered electronic devices collected from both within and outside of the 11-county metropolitan area, as defined in subdivision 2;

 

(4) a description of the manufacturer's best efforts to meet its recycling obligation as determined under section 115A.1320; and

 

(5) any other information requested by the agency.

 

(d) A manufacturer may retain phase I and phase II recycling credits to be added, in whole or in part, to the actual value of C, as reported under section 115A.1316, subdivision 2, during any succeeding program year, provided that no more than 25 percent of a manufacturer's recycling obligation (A x B) for any program year may be met with phase I and phase II recycling credits, separately or in combination, generated in a prior program year.  A manufacturer may sell any portion or all of its phase I and phase II recycling credits to another manufacturer, at a price negotiated by the parties, who may use the credits in the same manner.

 

(e) For the purpose of determining B in calculating a manufacturer's variable recycling fee using the formula under paragraph (b), starting with the program year beginning July 1, 2019, and continuing each year thereafter, the weight of covered electronic devices collected from that a manufacturer recycled or arranged to have collected and recycled from households located outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (b), is calculated at 1.5 times their actual weight.


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Sec. 88.  Minnesota Statutes 2020, section 115A.1316, subdivision 1, is amended to read:

 

Subdivision 1.  Manufacturer reporting requirements.  (a) By August 1, 2016, each manufacturer must report to the agency using the form prescribed:

 

(1) the total weight of each specific model of its video display devices sold to households during the previous program year; and

 

(2) either:

 

(i) the total weight of its video display devices sold to households during the previous program year; or

 

(ii) an estimate of the total weight of its video display devices sold to households during the previous program year, calculated by multiplying the weight of its video display devices sold nationally times the quotient of Minnesota's population divided by the national population.  All manufacturers with sales of 99 or fewer video display devices to households in the state during the previous calendar year must report using the method under this item for calculating sales.

 

(b) (a) By March 1, 2017, and each March 1 thereafter each year, each manufacturer must report to the agency using the form prescribed:

 

(1) the total weight of each specific model of its video display devices sold to households during the previous calendar year; and

 

(2) either:

 

(i) the total weight of its video display devices sold to households during the previous calendar year; or

 

(ii) an estimate of the total weight of its video display devices sold to households during the previous calendar year, calculated by multiplying the weight of its video display devices sold nationally times the quotient of Minnesota's population divided by the national population.  All manufacturers with sales of 99 or fewer video display devices to households in the state during the previous calendar year must report using the method under this item for calculating sales.

 

A manufacturer must submit with the report required under this paragraph a description of how the information or estimate was calculated.

 

(c) (b) By August 15 each year, each manufacturer must report to the department until June 30, 2017, and to the agency thereafter,:

 

(1) the total weight of covered electronic devices the manufacturer collected from households and recycled or arranged to have collected and recycled during the preceding program year.;

 

(d) By August 15 each year, each manufacturer must report separately to the department until June 30, 2017, and to the agency thereafter:

 

(1) (2) the number of phase I and phase II recycling credits the manufacturer has purchased and sold during the preceding program year;

 

(2) (3) the number of phase I and phase II recycling credits possessed by the manufacturer that the manufacturer elects to use in the calculation of its variable recycling fee under section 115A.1314, subdivision 1; and

 

(3) (4) the number of phase I and phase II recycling credits the manufacturer retains at the beginning of the current program year.


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(e) (c) Upon request of the commissioner of revenue, the agency shall provide a copy of each report to the commissioner of revenue.

 

Sec. 89.  Minnesota Statutes 2020, section 115A.1318, subdivision 2, is amended to read:

 

Subd. 2.  Recycler responsibilities.  (a) As part of the report submitted under section 115A.1316, subdivision 2, a recycler must certify, except as provided in paragraph (b), that facilities that recycle covered electronic devices, including all downstream recycling operations:

 

(1) use only registered collectors;

 

(2) comply with all applicable health, environmental, safety, and financial responsibility regulations;

 

(3) are licensed by all applicable governmental authorities;

 

(4) use no prison labor to recycle video display devices;

 

(5) possess liability insurance of not less than $1,000,000 for environmental releases, accidents, and other emergencies;

 

(6) provide a report annually to each registered collector regarding the video display devices received from that entity; and

 

(7) do not charge collectors for the transportation and transporting, recycling of, or any necessary supplies related to transporting or recycling covered electronic devices that meet a manufacturer's recycling obligation as determined under section 115A.1320, unless otherwise mutually agreed upon.

 

(b) A nonprofit corporation that contracts with a correctional institution to refurbish and reuse donated computers in schools is exempt from paragraph (a), clauses (4) and (5).

 

(c) Except to the extent otherwise required by law and unless agreed upon otherwise by the recycler or manufacturer, a recycler has no responsibility for any data that may be contained in a covered electronic device if an information storage device is included in the covered electronic device.

 

Sec. 90.  Minnesota Statutes 2020, section 115A.1320, subdivision 1, is amended to read:

 

Subdivision 1.  Duties of agency.  (a) The agency shall administer sections 115A.1310 to 115A.1330.

 

(b) The agency shall establish procedures for:

 

(1) receipt and maintenance of the registration statements and certifications filed with the agency under section 115A.1312; and

 

(2) making the statements and certifications easily available to manufacturers, retailers, and members of the public.

 

(c) The agency shall annually review the following variables that are used to calculate a manufacturer's annual registration fee under section 115A.1314, subdivision 1:

 

(1) the obligation-setting mechanism for manufacturers as specified under paragraph (g);


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(2) the estimated per-pound price of recycling covered electronic devices sold to households; and

 

(3) the base registration fee.

 

(d) If the agency determines that any of these values must be changed in order to improve the efficiency or effectiveness of the activities regulated under sections 115A.1312 to 115A.1330, or if the revenues exceed the amount that the agency determines is necessary, the agency shall submit recommended changes and the reasons for them to the chairs of the senate and house of representatives committees with jurisdiction over solid waste policy.

 

(e) By September 1, 2016, and by May 1, 2017, and each May 1 thereafter each year, the agency shall publish a statewide recycling goal for all video display device waste that is the weight of all video display devices collected for recycling during each of the three most recently completed program years, excluding the most recently concluded program year, divided by two.  For the program years beginning July 1, 2016, July 1, 2017, and July 1, 2018, the agency shall establish and publish separate statewide recycling goals for video display devices as follows:

 

(1) the agency shall set the statewide recycling goal for video display devices at 25,000,000 pounds, 23,000,000 pounds, and 21,000,000 pounds, respectively, during these successive program years;

 

(2) the agency shall set the recycling goal for televisions at 80 percent of the applicable amount in clause (1); and

 

(3) the agency shall set the recycling goal for computer monitors at 20 percent of the applicable amount in clause (1).

 

(f) By September 1, 2016, and by May 1, 2017, and each May 1 thereafter each year, the agency shall determine each registered manufacturer's market share of video display devices to be collected and recycled based on the manufacturer's percentage share of the total weight of video display devices sold as reported to the agency under section 115A.1316, subdivision 1.

 

(g) By September 1, 2016, and by May 1, 2017, and each May 1 thereafter each year, the agency shall provide each manufacturer with a determination of the manufacturer's share of video display devices to be collected and recycled.  A manufacturer's market share of video display devices as specified in paragraph (f) is applied proportionally to the statewide recycling goal as specified in paragraph (e) to determine an individual manufacturer's recycling obligation.  Upon request by the commissioner of revenue, the agency must provide the information submitted to manufacturers under this paragraph to the commissioner of revenue.

 

(h) The agency shall provide a report to the governor and the legislature on the implementation of sections 115A.1310 to 115A.1330.  For each program year, the report must discuss the total weight of covered electronic devices recycled and a summary of information in the reports submitted by manufacturers and recyclers under section 115A.1316.  The report must also discuss the various collection programs used by manufacturers to collect covered electronic devices; information regarding covered electronic devices that are being collected by persons other than registered manufacturers, collectors, and recyclers; and information about covered electronic devices, if any, being disposed of in landfills in this state.  The report must examine which covered electronic devices, based on economic and environmental considerations, should be subject to the obligation-setting mechanism under paragraph (g).  The report must include a description of enforcement actions under sections 115A.1310 to 115A.1330.  The agency may include in its report other information received by the agency regarding the implementation of sections 115A.1312 to 115A.1330.  The report must be done in conjunction with the report required under section 115A.121.

 

(i) The agency shall promote public participation in the activities regulated under sections 115A.1312 to 115A.1330 through public education and outreach efforts.

 

(j) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those provisions enforced by the department, as provided in subdivision 2.  The agency may revoke a registration of a collector or recycler found to have violated sections 115A.1310 to 115A.1330.


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(k) The agency shall facilitate communication between counties, collection and recycling centers, and manufacturers to ensure that manufacturers are aware of video display devices available for recycling.

 

(l) The agency shall post on its website the contact information provided by each manufacturer under section 115A.1318, subdivision 1, paragraph (e).

 

Sec. 91.  Minnesota Statutes 2020, section 115A.5501, subdivision 3, is amended to read:

 

Subd. 3.  Facility cooperation and reports.  (a) The owner or operator of a facility shall allow access upon reasonable notice to authorized agency staff for the purpose of conducting waste composition studies or otherwise assessing the amount of total packaging in the waste delivered to the facility under this section.

 

(b) Beginning in 1993, by February 1 of each year the owner or operator of a facility governed by this subdivision shall submit a report to the commissioner, on a form prescribed by the commissioner, specifying the total amount of solid waste received by the facility between January 1 and December 31 of the previous year.  The commissioner shall calculate the total amount of solid waste delivered to solid waste facilities from the reports received from the facility owners or operators and shall report the aggregate amount by April 1 of each year.  The commissioner shall assess a nonforgivable administrative penalty under section 116.072 of $500 plus any forgivable amount necessary to enforce this subdivision on any owner or operator who fails to submit a report required by this subdivision.

 

Sec. 92.  Minnesota Statutes 2020, section 115A.565, subdivision 1, is amended to read:

 

Subdivision 1.  Grant program established.  The commissioner shall must make competitive grants to political subdivisions or federally recognized tribes to establish curbside recycling or composting, increase recycling or composting, reduce the amount of recyclable materials entering disposal facilities, or reduce the costs associated with hauling waste by locating collection sites as close as possible to the site where the waste is generated.  To be eligible for grants under this section, a political subdivision or federally recognized tribe must be located outside the seven-county metropolitan area and a city must have a population of less than 45,000.

 

Sec. 93.  Minnesota Statutes 2020, section 115B.17, subdivision 13, is amended to read:

 

Subd. 13.  Priorities; rules.  (a) By November 1, 1983, the Pollution Control Agency shall establish a temporary list of priorities among releases or threatened releases for the purpose of taking remedial action and, to the extent practicable consistent with the urgency of the action, for taking removal action under this section.  The temporary list, with any necessary modifications, shall remain in effect until the Pollution Control Agency adopts rules establishing state criteria for determining priorities among releases and threatened releases.  The Pollution Control Agency shall adopt the rules by July 1, 1984.  After rules are adopted, a permanent priority list shall be established, and may be modified from time to time, using the current guidance and tools for the Hazard Ranking System adopted by the federal Environmental Protection Agency and according to the criteria set forth in the rules.  Before any list is established under this subdivision the Pollution Control Agency shall publish the list in the State Register and allow 30 days for comments on the list by the public.

 

(b) The temporary list and the rules required by this subdivision shall be based upon the relative risk or danger to public health or welfare or the environment, taking into account to the extent possible the population at risk, the hazardous potential of the hazardous substances at the facilities, the potential for contamination of drinking water supplies, the potential for direct human contact, the potential for destruction of sensitive ecosystems, the administrative and financial capabilities of the Pollution Control Agency, and other appropriate factors.


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Sec. 94.  Minnesota Statutes 2020, section 115B.406, subdivision 1, is amended to read:

 

Subdivision 1.  Legislative findings.  The legislature recognizes the need to protect the public health and welfare and the environment at priority qualified facilities.  To implement a timely and effective cleanup and prevent multiparty litigation, the legislature finds it is in the public interest to direct the commissioner of the Pollution Control Agency to:

 

(1) take environmental response actions that the commissioner deems reasonable and necessary to protect the public health or welfare or the environment at priority qualified facilities and to;

 

(2) acquire real property interests at priority qualified facilities to ensure the completion and long-term effectiveness of environmental response actions.; and

 

(3) prevent both an unjust financial windfall to and double liability of owners and operators of priority qualified facilities.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to actions commenced on or after January 1, 2021.

 

Sec. 95.  Minnesota Statutes 2020, section 115B.406, subdivision 9, is amended to read:

 

Subd. 9.  Environmental response costs; liens.  (a) All environmental response costs and reasonable and necessary expenses, including administrative and legal expenses, incurred by the commissioner at a priority qualified facility constitute a lien in favor of the state upon any real property located in the state, other than homestead property, owned by the owner or operator of the priority qualified facility who is subject to the requirements of section 115B.40, subdivision 4 or 5.  Notwithstanding section 514.672, a lien under this paragraph continues until the lien is satisfied or is released according to paragraph (c).

 

(b) If the commissioner conducts an environmental response action at a priority qualified facility and the environmental response action increases the fair market value of the facility above the fair market value of the facility that existed before the response action was initiated, then the state has a lien on the facility for the increase in fair market value of the property attributable to the response action, valued at the time that construction of the final environmental response action was completed, not including operation and maintenance.  Notwithstanding section 514.672, a lien under this paragraph continues until the lien is satisfied or is released according to paragraph (c).

 

(c) A lien under this subdivision paragraph (a) or (b) attaches when the environmental response costs are first incurred.  Notwithstanding section 514.672, a lien under this subdivision continues until the lien is satisfied or six years after completion of construction of the final environmental response action, not including operation and maintenance.  Notice, filing, and release, and enforcement of the lien are governed by sections 514.671 to 514.676, except where those requirements specifically are related to only cleanup action expenses as defined in section 514.671.  The commissioner may release a lien under this subdivision if the commissioner determines that attachment or enforcement of the lien is not in the public interest.  A lien under this subdivision is not subject to the foreclosure limitation described in section 514.674, subdivision 2.  Relative priority of a lien under this subdivision is governed by section 514.672, except that a lien attached to property that was included in any permit for the priority qualified facility takes precedence over all other liens regardless of when the other liens were or are perfected.  Amounts received to satisfy all or a part of a lien must be deposited in the remediation fund.  An environmental lien notice for a lien under paragraph (a) or (b) must state that it is a lien in accordance with this section and identify whether the property described in the notice was included in any permit for the priority qualified facility.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to actions commenced on or after January 1, 2021.


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Sec. 96.  Minnesota Statutes 2020, section 115B.407, is amended to read:

 

115B.407 ACQUISITION AND DISPOSITION ACQUIRING AND DISPOSING OF REAL PROPERTY AT PRIORITY QUALIFIED FACILITIES.

 

Subdivision 1.  Acquiring and disposing of real property.  (a) The commissioner may acquire interests in real property by donation or eminent domain at all or a portion of a priority qualified facility.  Condemnation under this section includes acquisition of fee title or an easement.  After acquiring an interest in real property under this section, the commissioner must take environmental response actions at the priority qualified facility according to sections 115B.39 to 115B.414 after the legislature makes an appropriation for that purpose.

 

(b) The commissioner may dispose of real property acquired under this section according to section 115B.17, subdivision 16.

 

(c) Except as modified by this section, chapter 117 governs condemnation proceedings by the commissioner under this section.  The exceptions under section 117.189 apply to the use of eminent domain authority under this section.  Section 117.226 does not apply to properties acquired by the use of eminent domain authority under this section.

 

(d) The state is not liable under this chapter solely as a result of acquiring an interest in real property under this section.

 

Subd. 2.  Eminent domain damages.  (a) For purposes of this subdivision, the following terms have the meanings given:

 

(1) "after-market value" means the property value of that portion of the subject property remaining after a partial taking;

 

(2) "as remediated" means the condition of the property assuming the environmental response actions selected by the commissioner have been completed, including environmental covenants and easements and other institutional controls that may apply;

 

(3) "before-market value" means the property value of the entire subject property before the taking, less the remediation costs;

 

(4) "property value" means the fair market value of the real property, as remediated, less any reduction in value attributable to the stigma of pollution; and

 

(5) "remediation costs" means the reasonably foreseeable costs and expenses, including administrative and legal expenses, that the commissioner will incur to implement the environmental response actions that the commissioner selected for the property according to section 115B.406, subdivision 3, less the amount, if any, that the property owner demonstrates was released under section 115B.443, subdivision 8, which must not be greater than the extent of insurance coverage under policies for the property included in a settlement consistent with section 115B.443, subdivision 8.

 

(b) The damages awarded for condemnation of real property under this section is the greater of $500 or:

 

(1) for a total taking of the subject property, the before-market value; or

 

(2) for a partial taking of the subject property, the before-market value less the after-market value.

 

(c) When awarding damages in a condemnation proceeding under this section, in addition to any other requirement of chapter 117, the finder of fact must report:


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(1) the amount determined for the property value of the entire subject property before the taking; and

 

(2) the itemized amount determined for remediation costs.

 

(d) The commissioner may seek recovery of environmental response costs only to the extent the costs exceed the lower of the remediation costs or the property value of the entire subject property before the taking as reported under paragraph (c).

 

(e) If the actual expenses incurred by the commissioner to take environmental response actions at the priority qualified facility as determined at the time construction of the final environmental response action was completed would have yielded a higher award of damages under this section, then the commissioner must reimburse the owner an amount equal to the amount of damages as if the actual expenses were used instead of the remediation costs, less any damages already awarded.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to actions commenced on or after January 1, 2021.

 

Sec. 97.  Minnesota Statutes 2020, section 115B.421, is amended to read:

 

115B.421 CLOSED LANDFILL INVESTMENT FUND.

 

(a) The closed landfill investment fund is established in the state treasury.  The fund consists of money credited to the fund, and interest and other earnings on money in the fund.  Beginning July 1, 2003, Funds must be deposited as described in section 115B.445.  The fund shall must be managed to maximize long-term gain through the State Board of Investment.  Money in the fund may be spent by the commissioner after fiscal year 2020 in accordance with sections 115B.39 to 115B.444.

 

(b) Each fiscal year, up to $4,500,000 is appropriated from the closed landfill investment fund to the commissioner for the purposes of sections 115B.39 to 115B.444.

 

(c) If the commissioner determines that a release or threatened release from a qualified facility for which the commissioner has assumed obligations for environmental response actions under section 115B.40 or 115B.406 constitutes an emergency requiring immediate action to prevent, minimize, or mitigate damage either to the public health or welfare or the environment or to a system designed to protect the public health or welfare or the environment, up to $9,000,000 in addition to the amount appropriated under paragraph (b) is appropriated to the commissioner in the first year of the biennium and may be spent by the commissioner to take reasonable and necessary emergency response actions.  Money not spent in the first year of the biennium may be spent in the second year.  If money is appropriated under this paragraph, the commissioner must notify the chairs of the senate and house of representatives committees having jurisdiction over environment policy and finance as soon as possible.  The commissioner must maintain the fund balance to ensure long-term viability of the fund and reflect the responsibility of the landfill cleanup program in perpetuity.

 

(d) Paragraphs (b) and (c) expire June 30, 2025.

 

Sec. 98.  Minnesota Statutes 2020, section 116.07, is amended by adding a subdivision to read:

 

Subd. 4l.  Real property interests.  (a) The commissioner may acquire interests in real property at a solid waste disposal facility, limited to environmental covenants under chapter 114E and easements for the environmental covenants, when the commissioner determines the property interests are related to:

 

(1) closure;

 

(2) postclosure care; and


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(3) any other actions needed after the postclosure care period expires.

 

(b) The state is not liable under this chapter or any other law solely as a result of acquiring an interest in real property under this section.

 

(c) An environmental covenant under this subdivision must be in accordance with chapter 114E and must be signed and acknowledged by every owner of the fee simple title to the real property subject to the covenant.

 

Sec. 99.  Minnesota Statutes 2020, section 116.07, subdivision 7, is amended to read:

 

Subd. 7.  Counties; processing applications for animal lot permits.  (a) Any Minnesota county board may, by resolution, with approval of the Pollution Control Agency, assume responsibility for processing applications for permits required by the Pollution Control Agency under this section for livestock feedlots, poultry lots or other animal lots.  The responsibility for permit application processing, if assumed by a county, may be delegated by the county board to any appropriate county officer or employee.

 

(b) For the purposes of this subdivision, the term "processing" includes:

 

(1) the distribution to applicants of forms provided by the Pollution Control Agency;

 

(2) the receipt and examination of completed application forms, and the certification, in writing, to the Pollution Control Agency either that the animal lot facility for which a permit is sought by an applicant will comply with applicable rules and standards, or, if the facility will not comply, the respects in which a variance would be required for the issuance of a permit; and

 

(3) rendering to applicants, upon request, assistance necessary for the proper completion of an application.

 

(c) For the purposes of this subdivision, the term "processing" may include, at the option of the county board, issuing, denying, modifying, imposing conditions upon, or revoking permits pursuant to the provisions of this section or rules promulgated pursuant to it, subject to review, suspension, and reversal by the Pollution Control Agency.  The Pollution Control Agency shall, after written notification, have 15 days to review, suspend, modify, or reverse the issuance of the permit.  After this period, the action of the county board is final, subject to appeal as provided in chapter 14.  For permit applications filed after October 1, 2001, section 15.99 applies to feedlot permits issued by the agency or a county pursuant to this subdivision.

 

(d) For the purpose of administration of rules adopted under this subdivision, the commissioner and the agency may provide exceptions for cases where the owner of a feedlot has specific written plans to close the feedlot within five years.  These exceptions include waiving requirements for major capital improvements.

 

(e) For purposes of this subdivision, a discharge caused by an extraordinary natural event such as a precipitation event of greater magnitude than the 25-year, 24-hour event, tornado, or flood in excess of the 100-year flood is not a "direct discharge of pollutants."

 

(f) In adopting and enforcing rules under this subdivision, the commissioner shall cooperate closely with other governmental agencies.

 

(g) The Pollution Control Agency shall work with the Minnesota Extension Service, the Department of Agriculture, the Board of Water and Soil Resources, producer groups, local units of government, as well as with appropriate federal agencies such as the Natural Resources Conservation Service and the Farm Service Agency, to notify and educate producers of rules under this subdivision at the time the rules are being developed and adopted and at least every two years thereafter.


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(h) The Pollution Control Agency shall adopt rules governing the issuance and denial of permits for livestock feedlots, poultry lots or other animal lots pursuant to this section.  Pastures are exempt from the rules authorized under this paragraph.  No feedlot permit shall include any terms or conditions that impose any requirements related to any pastures owned or utilized by the feedlot operator other than restrictions under a manure management plan.  A feedlot permit is not required for livestock feedlots with more than ten but less than 50 animal units; provided they are not in shoreland areas.  A livestock feedlot permit does not become required solely because of a change in the ownership of the buildings, grounds, or feedlot.  These rules apply both to permits issued by counties and to permits issued by the Pollution Control Agency directly.  No feedlot permit issued by the Pollution Control Agency shall include terms or conditions that:  

 

(1) impose requirements related to pastures owned or used by the feedlot operator other than restrictions under a manure management plan; or

 

(2) require implementing nitrogen best management practices as a condition of allowing application of manure in October.

 

(i) The Pollution Control Agency shall exercise supervising authority with respect to the processing of animal lot permit applications by a county.

 

(j) Any new rules or amendments to existing rules proposed under the authority granted in this subdivision, or to implement new fees on animal feedlots, must be submitted to the members of legislative policy and finance committees with jurisdiction over agriculture and the environment prior to final adoption.  The rules must not become effective until 90 days after the proposed rules are submitted to the members.

 

(k) Until new rules are adopted that provide for plans for manure storage structures, any plans for a liquid manure storage structure must be prepared or approved by a registered professional engineer or a United States Department of Agriculture, Natural Resources Conservation Service employee.

 

(l) A county may adopt by ordinance standards for animal feedlots that are more stringent than standards in Pollution Control Agency rules.

 

(m) After January 1, 2001, a county that has not accepted delegation of the feedlot permit program must hold a public meeting prior to the agency issuing a feedlot permit for a feedlot facility with 300 or more animal units, unless another public meeting has been held with regard to the feedlot facility to be permitted.

 

(n) After the proposed rules published in the State Register, volume 24, number 25, are finally adopted, the agency may not impose additional conditions as a part of a feedlot permit, unless specifically required by law or agreed to by the feedlot operator.

 

(o) For the purposes of feedlot permitting, a discharge from land-applied manure or a manure stockpile that is managed according to agency rule must not be subject to a fine for a discharge violation.

 

(p) For the purposes of feedlot permitting, manure that is land applied, or a manure stockpile that is managed according to agency rule, must not be considered a discharge into waters of the state, unless the discharge is to waters of the state, as defined by section 103G.005, subdivision 17, except type 1 or type 2 wetlands, as defined in section 103G.005, subdivision 17b, and does not meet discharge standards established for feedlots under agency rule.

 

(q) Unless the upgrade is needed to correct an immediate public health threat under section 145A.04, subdivision 8, or the facility is determined to be a concentrated animal feeding operation under Code of Federal Regulations, title 40, section 122.23, in effect on April 15, 2003, the agency may not require a feedlot operator:

 

(1) to spend more than $3,000 to upgrade an existing feedlot with less than 300 animal units unless cost-share money is available to the feedlot operator for 75 percent of the cost of the upgrade; or


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(2) to spend more than $10,000 to upgrade an existing feedlot with between 300 and 500 animal units, unless cost-share money is available to the feedlot operator for 75 percent of the cost of the upgrade or $50,000, whichever is less.

 

(r) A feedlot operator who stores and applies up to 100,000 gallons per calendar year of private truck wash wastewater resulting from trucks that transport animals or supplies to and from the feedlot does not require a permit to land-apply industrial by-products if the feedlot operator stores and applies the wastewater in accordance with Pollution Control Agency requirements for land applications of industrial by-product that do not require a permit.

 

(s) A feedlot operator who holds a permit from the Pollution Control Agency to land-apply industrial by‑products from a private truck wash is not required to have a certified land applicator apply the private truck wash wastewater if the wastewater is applied by the feedlot operator to cropland owned or leased by the feedlot operator or by a commercial animal waste technician licensed by the commissioner of agriculture under chapter 18C.  For purposes of this paragraph and paragraph (r), "private truck wash" means a truck washing facility owned or leased, operated, and used only by a feedlot operator to wash trucks owned or leased by the feedlot operator and used to transport animals or supplies to and from the feedlot.

 

EFFECTIVE DATE.  This section is effective August 31, 2021, unless the federal Environmental Protection Agency disapproves the changes under Code of Federal Regulations, title 40, section 123.62(b)(3), or other applicable federal law.  The commissioner of the Pollution Control Agency must notify the revisor of statutes if this occurs.

 

Sec. 100.  Minnesota Statutes 2020, section 116G.07, is amended by adding a subdivision to read:

 

Subd. 4.  Exemption; Mississippi River Corridor Critical Area.  Plans and regulations of local units of government within the Mississippi River Corridor Critical Area are exempt from subdivisions 1 to 3 and are subject to section 116G.15, subdivision 8.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 101.  Minnesota Statutes 2020, section 116G.15, is amended by adding a subdivision to read:

 

Subd. 8.  Reviewing and approving local plans and regulations.  (a) In the Mississippi River Corridor Critical Area, the commissioner of natural resources is responsible for carrying out the duties of the board and the Metropolitan Council is responsible for carrying out the duties of the regional development commission under sections 116G.07 to 116G.10.  Notwithstanding sections 116G.07, subdivisions 2 and 3, and 116G.10, subdivision 3, the responsibilities and procedures for reviewing and approving local plans and regulations in the Mississippi River Corridor Critical Area, and amendments thereto, are subject to this subdivision.

 

(b) Within 60 days of receiving a draft plan from a local unit of government, the commissioner, in coordination with the Metropolitan Council, must review the plan to determine the plan's consistency with:

 

(1) this section;

 

(2) Minnesota Rules, chapter 6106; and

 

(3) the local unit of government's comprehensive plan.

 

(c) Within 60 days of receiving draft regulations from a local unit of government, the commissioner must review the regulations to determine the regulations' consistency with:

 

(1) Minnesota Rules, chapter 6106; and


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(2) the commissioner-approved plan adopted by the local unit of government under paragraph (b).

 

(d) Upon review of a draft plan and regulations under paragraphs (b) and (c), the commissioner must:

 

(1) conditionally approve the draft plan and regulations by written decision; or

 

(2) return the draft plan and regulations to the local unit of government for modification, along with a written explanation of the need for modification.

 

(i) When the commissioner returns a draft plan and regulations to the local unit of government for modification, the local unit of government must revise the draft plan and regulations within 60 days after receiving the commissioner's written explanation and must resubmit the revised draft plan and regulations to the commissioner.

 

(ii) The Metropolitan Council and the commissioner must review the revised draft plan and regulations upon receipt from the local unit of government as provided under paragraphs (b) and (c).

 

(iii) If the local unit of government or the Metropolitan Council requests a meeting, a final revision need not be made until a meeting is held with the commissioner on the draft plan and regulations.  The request extends the 60‑day time limit specified in item (i) until after the meeting is held.

 

(e) Only plans and regulations receiving final approval from the commissioner have the force and effect of law.  The commissioner must grant final approval under this section only if:

 

(1) the plan is an element of a comprehensive plan that is authorized by the Metropolitan Council according to sections 473.175 and 473.858; and

 

(2) the local unit of government adopts a plan and regulations that are consistent with the draft plan and regulations conditionally approved under paragraph (d).

 

(f) The local unit of government must implement and enforce the commissioner-approved plan and regulations after the plan and regulations take effect.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 102.  Minnesota Statutes 2020, section 127A.353, subdivision 4, is amended to read:

 

Subd. 4.  Duties; powers.  (a) The school trust lands director shall:

 

(1) take an oath of office before assuming any duties as the director;

 

(2) evaluate the school trust land asset position;

 

(3) determine the estimated current and potential market value of school trust lands;

 

(4) advise the governor, Executive Council, commissioner of natural resources, and the Legislative Permanent School Fund Commission on the management of school trust lands, including:

 

(i) Department of Natural Resources school trust land management plans;

 

(ii) leases of school trust lands;

 

(iii) royalty agreements on school trust lands;


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(iv) land sales and exchanges;

 

(v) cost certification; and

 

(vi) revenue generating options;

 

(5) propose to the Legislative Permanent School Fund Commission legislative changes that will improve the asset allocation of the school trust lands;

 

(6) develop a ten-year strategic plan and a 25-year framework for management of school trust lands, in conjunction with the commissioner of natural resources, that is updated every five years and implemented by the commissioner, with goals to:

 

(i) retain core real estate assets;

 

(ii) increase the value of the real estate assets and the cash flow from those assets;

 

(iii) rebalance the portfolio in assets with high performance potential and the strategic disposal of selected assets;

 

(iv) establish priorities for management actions; and

 

(v) balance revenue enhancement and resource stewardship; and

 

(vi) advance strategies on school trust lands to capitalize on ecosystem services markets;

 

(7) submit to the Legislative Permanent School Fund Commission for review an annual budget and management plan for the director; and

 

(8) keep the beneficiaries, governor, legislature, and the public informed about the work of the director by reporting to the Legislative Permanent School Fund Commission in a public meeting at least once during each calendar quarter.

 

(b) In carrying out the duties under paragraph (a), the school trust lands director shall have the authority to:

 

(1) direct and control money appropriated to the director;

 

(2) establish job descriptions and employ up to five employees in the unclassified service, within the limitations of money appropriated to the director;

 

(3) enter into interdepartmental agreements with any other state agency;

 

(4) enter into joint powers agreements under chapter 471;

 

(5) evaluate and initiate real estate development projects on school trust lands with the advice of the Legislative Permanent School Fund Commission in order to generate long-term economic return to the permanent school fund;

 

(6) serve as temporary trustee of school trust land for school trust lands subject to proposed or active eminent domain proceedings; and

 

(7) submit recommendations on strategies for school trust land leases, sales, or exchanges to the commissioner of natural resources and the Legislative Permanent School Fund Commission.


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Sec. 103.  Minnesota Statutes 2020, section 290C.01, is amended to read:

 

290C.01 PURPOSE.

 

It is the policy of this state to promote sustainable forest resource management on the state's public and private lands.  The state's private forests comprise approximately one-half of the state forest land resources.  These forests play a critical role in protecting water quality and soil resources, and provide extensive wildlife habitat, natural carbon sequestration, diverse recreational experiences, and significant forest products that support the state's economy.  Ad valorem property taxes represent a significant annual cost that can discourage long-term forest management investments.  In order to foster silviculture investments and retain these forests for their economic and ecological benefits, this chapter, hereafter referred to as the "Sustainable Forest Incentive Act," is enacted to encourage the state's private forest landowners to make a long-term commitment to sustainable forest management.

 

Sec. 104.  Minnesota Statutes 2020, section 290C.04, is amended to read:

 

290C.04 APPLICATIONS.

 

(a) A landowner may apply to enroll forest land for the sustainable forest incentive program under this chapter.  The claimant must complete, sign, and submit an application to the commissioner by October 31 in order for the land to become eligible beginning in the next year.  The application shall be on a form prescribed by the commissioners of revenue and natural resources and must include the information the commissioners deem necessary.  At a minimum, the application must show the following information for the land and the claimant:  (i) the claimant's Social Security number or state or federal business tax registration number and date of birth, (ii) the claimant's address, (iii) the claimant's signature, (iv) the county's parcel identification numbers for the tax parcels that completely contain the claimant's forest land that is sought to be enrolled, (v) the number of acres eligible for enrollment in the program, (vi) the approved plan writer's signature and identification number, (vii) (vi) proof, in a form specified by the commissioner, that the claimant has executed and acknowledged in the manner required by law for a deed, and recorded, a covenant that the land is not and shall not be developed in a manner inconsistent with the requirements and conditions of this chapter, and (viii) (vii) a registration number for the forest management plan, issued by the commissioner of natural resources.  The covenant shall state in writing that the covenant is binding on the claimant and the claimant's successor or assignee, and that it runs with the land for a period of not less than eight years unless the claimant requests termination of the covenant after a reduction in payments due to changes in the payment formula under section 290C.07 or as a result of executive action, the amount of payment a claimant is eligible to receive under section 290C.07 is reduced or limited.  The commissioner shall specify the form of the covenant and provide copies upon request.  The covenant must include a legal description that encompasses all the forest land that the claimant wishes to enroll under this section or the certificate of title number for that land if it is registered land.  The commissioner of natural resources shall record the area eligible for enrollment into the Sustainable Forest Incentive Act as electronic geospatial data, as defined in section 16E.30, subdivision 10.

 

(b) The commissioner shall provide by electronic means data sufficient for the commissioner of natural resources to determine whether the land qualifies for enrollment.  The commissioner must make the data available within 30 days of receipt of the application filed by the claimant or by October 1, whichever is sooner.  The commissioner of natural resources must notify the commissioner whether the land qualifies for enrollment within 30 days of the data being available, and if the land qualifies for enrollment, the commissioner of natural resources shall specify the number of qualifying acres per tax parcel.

 

(c) The commissioner shall notify the claimant within 90 days after receipt of a completed application that either the land has or has not been approved for enrollment.  A claimant whose application is denied may appeal the denial as provided in section 290C.13.


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(d) Within 90 days after the denial of an application, or within 90 days after the final resolution of any appeal related to the denial, the commissioner shall execute and acknowledge a document releasing the land from the covenant required under this chapter.  The document must be mailed to the claimant and is entitled to be recorded.

 

(e) The Social Security numbers collected from individuals under this section are private data as provided in section 13.355.  The federal business tax registration number and date of birth data collected under this section are also private data on individuals or nonpublic data, as defined in section 13.02, subdivisions 9 and 12, but may be shared with county assessors for purposes of tax administration and with county treasurers for purposes of the revenue recapture under chapter 270A.

 

Sec. 105.  [325F.075] FOOD PACKAGING; PFAS.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following terms have the meanings given.

 

(b) "Food package" means a container applied to or providing a means to market, protect, handle, deliver, serve, contain, or store a food or beverage.  Food package includes:

 

(1) a unit package, an intermediate package, and a shipping container;

 

(2) unsealed receptacles, such as carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs; and

 

(3) an individual assembled part of a food package, such as any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels.

 

(c) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

 

Subd. 2.  Prohibition.  No person shall manufacture or knowingly sell, offer for sale, distribute for sale, distribute, or offer for use in Minnesota a food package that contains PFAS.

 

Subd. 3.  Enforcement.  (a) The commissioner of the Pollution Control Agency may enforce this section under sections 115.071 and 116.072.  The commissioner may coordinate with the commissioners of commerce and health in enforcing this section.

 

(b) When requested by the commissioner of the Pollution Control Agency, a person must furnish to the commissioner any information that the person may have or may reasonably obtain that is relevant to show compliance with this section.

 

EFFECTIVE DATE.  This section is effective January 1, 2025.

 

Sec. 106.  Laws 2016, chapter 154, section 16, is amended to read:

 

Sec. 16.  EXCHANGE OF STATE LAND; AITKIN, BELTRAMI, AND KOOCHICHING COUNTIES.

 

(a) Notwithstanding the riparian restrictions in Minnesota Statutes, section 94.342, subdivision 3, and subject to the valuation restrictions described in paragraph (c), the commissioner of natural resources may, with the approval of the Land Exchange Board as required under the Minnesota Constitution, article XI, section 10, and according to the remaining provisions of Minnesota Statutes, sections 94.342 to 94.347, exchange the state-owned land leased for farming wild rice described in paragraph (b).


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(b) The state land that may be exchanged is held under the following state leases for farming of wild rice:

 

(1) Lease LAGR001305, covering 175.1 acres in Aitkin County;

 

(2) Lease LMIS010040, covering 107.1 acres in Beltrami County;

 

(3) Lease LMIS010096, covering 137.4 acres in Beltrami County; and

 

(4) Lease LAGR001295, covering 264.40 acres in Koochiching County.

 

(c) For the appraisal of the land, no improvements paid for by the lessee shall be included in the estimate of market value.

 

(d) Additional adjoining state lands may be added to the exchanges if mutually agreed upon by the commissioner and the exchange partner to avoid leaving unmanageable parcels of land in state ownership after an exchange or to meet county zoning standards or other regulatory needs for the wild rice farming operations.

 

(e) The state land administered by the commissioner of natural resources in Koochiching County borders the Lost River.  The lands to be exchanged are not required to provide at least equal opportunity for access to waters by the public, but the lands must be at least equal in value and have the potential to generate revenue for the school trust lands.

 

(f) Notwithstanding Minnesota Statutes, section 94.343, subdivision 8a, lessees must pay to the commissioner all costs, as determined by the commissioner, that are associated with each exchange transaction, including valuation expenses; legal fees; survey expenses; costs of title work, advertising, and public hearings; transactional staff costs; and closing costs.

 

Sec. 107.  Laws 2016, chapter 154, section 48, is amended to read:

 

Sec. 48.  EXCHANGE OF STATE LAND; ST. LOUIS COUNTY.

 

Subdivision 1.  Exchange of land.  (a) Notwithstanding the riparian restrictions in Minnesota Statutes, section 94.342, subdivision 3, the commissioner of natural resources may, with the approval of the Land Exchange Board as required under the Minnesota Constitution, article XI, section 10, and according to the remaining provisions of Minnesota Statutes, sections 94.342 to 94.347, exchange the riparian land described in paragraph (b).

 

(b) The state land that may be exchanged is located in St. Louis County and is described as:  Government Lot 5, Section 35, Township 64 North, Range 12 West.

 

(c) The state land administered by the commissioner of natural resources borders Low Lake.  The land to be exchanged is forest land that includes areas bordering the Whiteface River.  While the land does not provide at least equal opportunity for access to waters by the public, the land to be acquired by the commissioner in the exchange will improve access to adjacent state forest lands.

 

Subd. 2.  Gifts of land.  Notwithstanding Minnesota Statutes, section 94.342 or 94.343, or any other law to the contrary, the Land Exchange Board may consider a gift of land from the exchange partner pursuant to Minnesota Statutes, section 84.085, subdivision 1, paragraph (d), in addition to land proposed for exchange with the state land referenced in subdivision 1, paragraph (b), in determining whether the proposal is in the best interests of the school trust.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 108.  Laws 2019, First Special Session chapter 4, article 1, section 2, subdivision 9, is amended to read:

 

Subd. 9.  Environmental Quality Board

 

1,774,000

 

1,274,000

 

Appropriations by Fund

 

 

2020

2021

 

 

 

General

1,081,000

1,081,000

 

Environmental

393,000

193,000

 

Remediation

300,000

-0-

 

(a) $200,000 the first year is from the environmental fund to begin to develop and assemble the material required under Code of Federal Regulations, title 40, section 233.10, to have the state of Minnesota assume the section 404 permitting program of the Federal Clean Water Act.  The Board may execute contracts or interagency agreements to facilitate developing the required agreements and materials.  By February 1, 2021 2022, the board must submit a report on the additional funding necessary to secure section 404 assumption and the additional funding needed to fully implement the state-assumed program to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over the environment and natural resources.  This is a onetime appropriation and is available until June 30, 2022.

 

(b) $300,000 the first year is from the remediation fund to conduct a study of the potential to deploy solar photovoltaic devices on closed landfill program sites.  This is a onetime appropriation.  By December 1, 2020, the board, in consultation with the Pollution Control Agency and the commissioners of administration, commerce, and management and budget, must provide to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over environment and natural resources policy and finance and energy policy and finance a report on the use of properties in the state's closed landfill program for solar energy production.  The report must include:

 

(1) identification and assessment of properties in the closed landfill program with the highest potential for solar energy production;

 

(2) identification of potential barriers to solar energy production and potential ways to address those barriers; and

 

(3) policy recommendations that would facilitate solar energy production on closed landfill program sites in a manner that would contribute to state and local government sustainability goals.

 

EFFECTIVE DATE.  This section is effective retroactively from January 31, 2021.


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Sec. 109.  Laws 2019, First Special Session chapter 4, article 3, section 109, as amended by Laws 2020, chapter 83, article 1, section 100, is amended to read:

 

Sec. 109.  APPLYING STORM WATER RULES TO CITIES AND

 

TOWNSHIPS.  Until the Pollution Control Agency amends rules for storm water, Minnesota Rules, part 7090.1010, subpart 1, item B, subitem (1), applies only to the portions of a city, a town, and unorganized areas of counties or township that are designated as urbanized under Code of Federal Regulations, title 40, section 122.26 (a)(9)(i)(A), and other platted areas within that jurisdiction those jurisdictions.

 

Sec. 110.  ADDITIONS TO STATE PARKS.

 

Subdivision 1.  [85.012] [Subd. 18.] Fort Snelling State Park, Dakota County.  The following areas are added to Fort Snelling State Park, Dakota County:

 

(1) that part of Section 28, Township 28 North, Range 23 West, Dakota County, Minnesota, bounded by the Dakota County line along the Minnesota River and the following described lines:

 

Beginning at the intersection of the south line of Lot 18 of Auditor's Subdivision Number 29 of Mendota, according to the plat on file in the Office of the Dakota County Recorder, with the westerly right-of-way line of the existing Sibley Memorial Highway; thence northerly along said westerly right-of-way line to the north line of said Lot 18; thence westerly along the north line of said Lot 18 to the easterly right-of-way line of the Chicago and Northwestern Railroad; thence northerly and northeasterly along said easterly right-of-way to the east line of said Section 28;

 

(2) that part of Section 33, Township 28 North, Range 23 West, Dakota County, Minnesota, lying westerly of the easterly right-of-way of the Chicago and Northwestern Railroad;

 

(3) that part of Government Lot 6 of Section 33, Township 28 North, Range 23 West, Dakota County, Minnesota, lying East of the easterly right-of-way of the Chicago and Northwestern Railroad and West of the westerly right-of-way of Sibley Memorial Highway and North of the South 752 feet of said Government Lot 6;

 

(4) the North 152 feet of the South 752 feet of that part of Government Lot 6 of Section 33, Township 28 North, Range 23 West, Dakota County, Minnesota, lying East of the easterly right-of-way of the Chicago and Northwestern Railroad and West of the westerly right-of-way of Sibley Memorial Highway;

 

(5) the North 270 feet of the South 600 feet of that part of Government Lot 6 lying between the westerly right‑of-way of Sibley Memorial Highway and the easterly right-of-way of the Chicago and Northwestern Railroad in Section 33, Township 28 North, Range 23 West, Dakota County, Minnesota;

 

(6) that part of the South 20 rods of Government Lot 6 of Section 33, Township 28 North, Range 23 West, Dakota County, Minnesota, lying East of the easterly right-of-way of the Chicago and Northwestern Railroad and West of the westerly right-of-way of Sibley Memorial Highway, excepting therefrom that part described as follows:

 

Commencing at the southeast corner of said Government Lot 6; thence North 89 degrees 56 minutes 54 seconds West assumed bearing along the south line of said Government Lot 6 a distance of 260.31 feet to the point of beginning of the property to be described; thence continue North 89 degrees 56 minutes 54 seconds West a distance of 71.17 feet; thence northwesterly a distance of 37.25 feet along a nontangential curve concave to the East having a radius of 4,098.00 feet and a central angle of 00 degrees 31 minutes 15 seconds the chord of said curve bears North 23 degrees 31 minutes 27 seconds West; thence northerly a distance of 127.39 feet along a compound curve concave to the East having a radius of 2,005.98 feet and a central angle of 03 degrees 38


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minutes 19 seconds; thence North 70 degrees 22 minutes 29 seconds East not tangent to said curve a distance of 65.00 feet; thence southerly a distance of 123.26 feet along a nontangential curve concave to the East having a radius of 1,940.98 feet and a central angle of 03 degrees 38 minutes 19 seconds the chord of said curve bears South 21 degrees 26 minutes 40 seconds East; thence southerly a distance of 65.42 feet to the point of beginning along a compound curve concave to the East having a radius of 4,033.00 feet and a central angle of 00 degrees 55 minutes 46 seconds;

 

(7) that part of Government Lot 5 of Section 33, Township 28 North, Range 23 West, Dakota County, Minnesota, lying East of the easterly right-of-way of the Chicago and Northwestern Railroad and West of the westerly right-of-way of Sibley Memorial Highway, excepting therefrom that part described as follows:

 

Commencing at the southeast corner of said Government Lot 5; thence North 89 degrees 56 minutes 18 seconds West assumed bearing along the south line of said Government Lot 5 a distance of 70.48 feet to the point of beginning of the property to be described; thence continue North 89 degrees 56 minutes 18 seconds West along said south line of Government Lot 5 a distance of 40.01 feet; thence North 01 degree 30 minutes 25 seconds East a distance of 6.08 feet; thence northerly a distance of 185.58 feet along a tangential curve concave to the West having a radius of 4,427.00 feet and a central angle of 02 degrees 24 minutes 07 seconds; thence South 89 degrees 06 minutes 18 seconds West not tangent to said curve a distance of 25.00 feet; thence North 00 degrees 53 minutes 42 seconds West a distance of 539.13 feet; thence northerly a distance of 103.77 feet along a tangential curve concave to the West having a radius of 1,524.65 feet and a central angle of 03 degrees 53 minutes 59 seconds; thence northerly a distance of 159.33 feet along a compound curve concave to the West having a radius of 522.45 feet and a central angle of 17 degrees 28 minutes 23 seconds; thence northwesterly a distance of 86.78 feet along a tangential curve concave to the West having a radius of 1,240.87 feet and a central angle of 04 degrees 00 minutes 25 seconds; thence North 26 degrees 16 minutes 30 seconds West tangent to said curve a distance of 92.39 feet; thence northwesterly a distance of 178.12 feet along a tangential curve concave to the East having a radius of 4,098.00 feet and a central angle of 02 degrees 29 minutes 25 seconds to a point on the north line of said Government Lot 5 which is 331.48 feet from the northeast corner thereof as measured along said north line; thence South 89 degrees 56 minutes 54 seconds East along said north line of Government Lot 5 a distance of 71.17 feet; thence southeasterly a distance of 146.53 feet along a nontangential curve concave to the East having a radius of 4,033.00 feet and a central angle of 02 degrees 04 minutes 54 seconds the chord of said curve bears South 25 degrees 14 minutes 03 seconds East; thence South 26 degrees 16 minutes 30 seconds East tangent to said curve a distance of 92.39 feet; thence southerly a distance of 91.33 feet along a tangential curve concave to the West having a radius of 1,305.87 feet and a central angle of 04 degrees 00 minutes 25 seconds; thence southerly a distance of 179.15 feet along a tangential curve concave to the West having a radius of 587.45 feet and a central angle of 17 degrees 28 minutes 23 seconds; thence southerly a distance of 108.20 feet along a compound curve concave to the West having a radius of 1,589.65 feet and a central angle of 03 degrees 53 minutes 59 seconds; thence South 00 degrees 53 minutes 42 seconds East tangent to said curve a distance of 539.13 feet; thence southerly a distance of 187.26 feet along a tangential curve concave to the West having a radius of 4,467.00 feet and a central angle of 02 degrees 24 minutes 07 seconds; thence South 01 degree 30 minutes 25 seconds West tangent to said curve a distance of 5.07 feet to the point of beginning; and

 

(8) that part of Government Lot 4 of Section 33, Township 28 North, Range 23 West, Dakota County, Minnesota, lying East of the easterly right-of-way of the Chicago and Northwestern Railroad and northerly of the following described line:

 

Commencing at the southeast corner of said Government Lot 4; thence North 89 degrees 55 minutes 42 seconds West assumed bearing along the south line of said Government Lot 4 a distance of 312.44 feet to corner B205, MNDOT Right-of-Way Plat No. 19-93, according to the recorded map thereof; thence continue North 89 degrees 55 minutes 42 seconds West along said south line of Government Lot 4 a distance of 318.00 feet to the easterly right-of-way of Chicago and Northwestern Railroad; thence northerly along said railroad right-of-way a distance of 387.97 feet along a nontangential curve concave to the West having a radius of 2,963.54 feet and a central


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angle of 07 degrees 30 minutes 03 seconds, the chord of said curve bears North 00 degrees 42 minutes 41 seconds East; thence North 03 degrees 02 minutes 21 seconds West tangent to said curve along said railroad right-of-way a distance of 619.45 feet to the point of beginning of the line to be described; thence North 89 degrees 35 minutes 27 seconds East a distance of 417.92 feet; thence North 18 degrees 18 minutes 58 seconds East a distance of 317.52 feet to a point on the north line of said Government Lot 4 which is 135.00 feet from the northeast corner thereof as measured along said north line and there terminating.

 

Subd. 2.  [85.012] [Subd. 38A.] Lake Vermilion-Soudan Underground Mine State Park, St. Louis County.  The following areas are added to Lake Vermilion-Soudan Underground Mine State Park, St. Louis County, and are designated as the Granelda Unit:

 

(1) Lot 3 of Section 28 and Lot 5 of Section 29 in Township 63 North of Range 17, all West of the 4th Principal Meridian, according to the United States Government Survey thereof;

 

(2) the Northeast Quarter of the Southwest Quarter, the Northwest Quarter, the Southeast Quarter of the Northeast Quarter, the Northeast Quarter of the Northeast Quarter, and Lots numbered 1, 2, 3, and 4 of Section 29 in Township 63 North of Range 17, all West of the 4th Principal Meridian, according to the United States Government survey thereof;

 

(3) Lots 1 and 2 of Section 32 in Township 63 North of Range 17, all West of the 4th Principal Meridian, according to the United States Government Survey thereof; and

 

(4) Lot 4 of Section 23 in Township 63 North of Range 18, all West of the 4th Principal Meridian, according to the United States Government Survey thereof.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 111.  ADDITION TO STATE RECREATION AREA.

 

[85.013] [Subd. 12a.] Iron Range Off-Highway Vehicle Recreation Area, St. Louis County.  The following area is added to Iron Range Off-Highway Vehicle Recreation Area, St. Louis County:  that part of the South Half of the Northwest Quarter of Section 15, Township 58 North, Range 17 West, St. Louis County, Minnesota, lying northerly of the following described line:

 

Commencing at the West quarter corner of said Section 15; thence North 01 degree 24 minutes 27 seconds West, bearing assumed, along the west line of said South Half of the Northwest Quarter a distance of 1,034.09 feet to a 3/4-inch rebar with plastic cap stamped "MN DNR LS 44974" (DM) and the point of beginning; thence South 62 degrees 44 minutes 07 seconds East 405.24 feet to a DM; thence South 82 degrees 05 minutes 24 seconds East 314.95 feet to a DM; thence South 86 degrees 18 minutes 01 second East 269.23 feet to a DM; thence North 81 degrees 41 minutes 24 seconds East 243.61 feet to a DM; thence North 71 degrees 48 minutes 05 seconds East 478.17 feet to a DM; thence North 60 degrees 53 minutes 38 seconds East 257.32 feet to a DM; thence South 09 degrees 16 minutes 07 seconds East 179.09 feet to a DM; thence South 49 degrees 16 minutes 00 seconds East 127.27 feet to a DM; thence South 50 degrees 16 minutes 11 seconds East 187.13 feet to a DM; thence South 67 degrees 11 minutes 35 seconds East 189.33 feet to a DM; thence South 67 degrees 13 minutes 16 seconds East 209.43 feet to a DM; thence South 80 degrees 39 minutes 19 seconds East 167.59 feet to a DM on the east line of said South Half of the Northwest Quarter, and there terminating.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 112.  DELETIONS FROM STATE PARKS.

 

Subdivision 1.  [85.012] [Subd. 18.] Fort Snelling State Park, Dakota County.  The following areas are deleted from Fort Snelling State Park, Dakota County:


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(1) all of Section 33, Township 28 North, Range 23 West of the 4th Principal Meridian lying westerly of the westerly right-of-way line of the existing Minnesota Trunk Highway No. 13, excepting the right-of-way owned by the Chicago and Northwestern railway company; and

 

(2) all of Section 28, Township 28 North, Range 23 West of the 4th Principal Meridian bounded by the Dakota County line along the Minnesota River and the following described lines:  Beginning at the south line of said Section 28 at its intersection with the westerly right-of-way line of the existing Minnesota Trunk Highway No. 13; thence northerly along the said westerly right-of-way line of existing Minnesota Trunk Highway No. 13 to the southerly right-of-way line of existing Minnesota Trunk Highway Nos. 55 and 100; thence along the existing southerly right-of-way line of Minnesota Trunk Highway Nos. 55 and 100 to the westerly right-of-way line owned by the Chicago and Northwestern railway company; thence northeasterly along the said westerly right-of-way line of the Chicago and Northwestern railway to the east line of said Section 28, excepting therefrom the right-of-way owned by the Chicago and Northwestern railway company.

 

Subd. 2.  [85.012] [Subd. 43.] Minneopa State Park, Blue Earth County.  The following area is deleted from Minneopa State Park, Blue Earth County:  a tract of land located in the Northwest Quarter of the Northwest Quarter of Section 21, Township 108 North, Range 27 West of the Fifth Principal Meridian, Blue Earth County, Minnesota, more particularly described as follows:

 

Commencing at the northwest corner of said Section 21; thence on an assumed bearing of South 01 degree 31 minutes 27 seconds East, along the west line of the Northwest Quarter of the Northwest Quarter of said Section 21, a distance of 545.00 feet, to the south line of the North 545.00 feet of the Northwest Quarter of the Northwest Quarter of said Section 21, also being the south line of Minneopa Cemetery and the point of beginning of the tract to be herein described; thence North 88 degrees 22 minutes 26 seconds East, along said south line of Minneopa Cemetery, a distance of 228.95 feet; thence southwesterly 58.5 feet, more or less, to the intersection of the west line of Block 188 and the northerly line of the railroad right-of-way, said point of intersection being 31.90 feet distant, measured at right angles from the south line of said Minneopa Cemetery; thence continue southwesterly along said railroad right-of-way 187 feet, more or less, to a point on the west line of the Northwest Quarter of the Northwest Quarter of said Section 21; thence North 01 degree 31 minutes 27 seconds West, along said west line to the point of beginning.

 

Subd. 3.  [85.012] [Subd. 60.] William O'Brien State Park, Washington County.  The following areas are deleted from William O'Brien State Park, Washington County:

 

(1) those parts of Section 25, Township 32 North, Range 20 West, Washington County, Minnesota, described as follows:

 

The West two rods of the Southwest Quarter of the Northeast Quarter, the West two rods of the North two rods of the Northwest Quarter of the Southeast Quarter, and the East two rods of the Southeast Quarter of the Northwest Quarter; and

 

(2) the East two rods over and across the Northeast Quarter of the Northwest Quarter, excepting therefrom the North 200 feet of said Northeast Quarter of the Northwest Quarter.  Also, the West 2 rods of the Northwest Quarter of the Northeast Quarter, excepting therefrom the North 266 feet of said Northwest Quarter of the Northeast Quarter.  Also, the South 66 feet of the North 266 feet of that part of said Northwest Quarter of the Northeast Quarter lying southwesterly of the existing public road known as 199th Street North.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 113.  PRIVATE SALE OF SURPLUS STATE LAND; CASS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner of natural resources may sell by private sale the surplus land that is described in paragraph (c).


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(b) The commissioner may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land to be conveyed is located in Cass County and is described as:  the westerly 20.00 feet of the West Half of the Northeast Quarter, Section 16, Township 139 North, Range 30 West, Cass County, Minnesota.  The Grantor, its employees and agents only, reserves a perpetual easement for ingress and egress over and across the above described land.

 

(d) The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land was returned to private ownership.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 114.  PRIVATE SALE OF SURPLUS STATE LAND; LAKE OF THE WOODS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner of natural resources may sell by private sale the surplus land that is described in paragraph (c).

 

(b) The commissioner may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land to be conveyed is located in Lake of the Woods County and is described as:  a strip of land lying in Government Lot 3, Section 5, Township 163 North, Range 34 West of the Fifth Principal Meridian, Lake of the Woods County, Minnesota; said strip of land being 33.00 feet in width lying 16.50 feet on each side of the following described centerline:

 

Commencing at the southeast corner of said Government Lot 3; thence North 00 degrees 09 minutes 28 seconds West, assumed bearing, along the east line of said Government Lot 3, a distance of 690 feet, more or less, to the south line of that particular tract of land deeded to the State of Minnesota according to Document No. 75286, on file and of record in the Office of the Recorder, Lake of the Woods County, Minnesota; thence South 89 degrees 50 minutes 32 seconds West, along said south line of that particular tract of land, a distance of 200.00 feet; thence South 00 degrees 09 minutes 28 seconds East, parallel with the east line of said Government Lot 3, a distance of 40.00 feet; thence South 89 degrees 50 minutes 32 seconds West, a distance of 16.50 feet to the point of beginning of the centerline to be herein described; thence South 00 degrees 09 minutes 28 seconds East, parallel with the east line of said Government Lot 3, a distance of 650.5 feet, more or less, to the south line of said Government Lot 3 and said centerline there terminating.

 

(d) The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land was returned to private ownership.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 115.  PRIVATE SALE OF SURPLUS STATE LAND; ST. LOUIS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner of natural resources may convey the surplus land that is described in paragraph (c) to a local unit of government for no consideration.

 

(b) The commissioner may make necessary changes to the legal description to correct errors and ensure accuracy.


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(c) The land to be conveyed is located in St. Louis County and is described as:  that part of the Southwest Quarter of the Northwest Quarter of Section 27, Township 52 North, Range 17 West, St. Louis County, Minnesota, described as follows:

 

Commencing at the quarter corner between Sections 27 and 28 of said Township 52 North, Range 17 West; thence running East 624 feet; thence North 629 feet to the point of beginning; thence North 418 feet; thence East 208 feet; thence South 418 feet; thence West 208 feet to the point of beginning.

 

(d) The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land were conveyed to a local unit of government.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 116.  PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY.

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, St. Louis County may sell by private sale the tax-forfeited lands described in paragraph (c).

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.

 

(c) The lands to be sold are located in St. Louis County and are described as:

 

(1) Lot 5, Block 9, including part of vacated Seafield Street adjacent, Bristol Beach 1st Division, Duluth (parcel 010-0300-01030); and

 

(2) that part of the Southeast Quarter of the Northwest Quarter, Township 58, Range 15, Section 5, lying northerly of the northerly right-of-way line of the town of White road running in an east-west direction connecting County Road No. 138 with State Highway No. 135 and lying westerly of the following described line:  commencing at the northeast corner of Government Lot 3; thence South 89 degrees 46 minutes 22 seconds West along the north line of Government Lot 3 558.28 feet; thence South 27 degrees 50 minutes 01 second West 102.75 feet; thence South 41 degrees 51 minutes 46 seconds West 452.29 feet; thence South 28 degrees 19 minutes 22 seconds West 422.74 feet; thence South 30 degrees 55 minutes 42 seconds West 133.79 feet; thence southwesterly 210.75 feet along a tangential curve concave to the southeast having a radius of 300 feet and a central angle of 40 degrees 15 minutes 00 seconds; thence South 09 degrees 19 minutes 19 seconds East tangent to said curve 100.30 feet, more or less, to the north line of said Southeast Quarter of the Northwest Quarter; thence North 89 degrees 09 minutes 31 seconds East along said north line 40.44 feet to the point of beginning of the line; thence South 09 degrees 19 minutes 19 seconds East 148 feet, more or less, to said right-of-way line and said line there terminating.  Surface only (parcel 570-0021-00112).

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 117.  PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; WADENA COUNTY.

 

(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural resources may sell by public sale the surplus land bordering public water that is described in paragraph (c).


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(b) The commissioner may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land that may be sold is located in Wadena County and is described as:  the Northeast Quarter of the Southwest Quarter of Section 26, Township 136 North, Range 34 West, Wadena County, Minnesota, except that part described as follows:

 

Beginning at the northeast corner of said Northeast Quarter of the Southwest Quarter; thence West 10 rods; thence South 8 rods; thence East 10 rods; thence North 8 rods to the point of beginning and there terminating. 

 

(d) The land borders the Redeye River.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land were returned to private ownership.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 118.  RIVERLANDS STATE FOREST; BOUNDARIES.

 

[89.021] [Subd. 42a.] Riverlands State Forest.  The following areas are designated as the Riverlands State Forest:

 

(1) those parts of Carlton County in Township 49 North, Range 16 West, described as follows:

 

(i) Government Lots 4, 5, and 6, the westerly 50 feet of Government Lot 3, the easterly 50 feet of Government Lot 8, and Government Lot 7 except that part conveyed to the State of Minnesota for highway right-of-way, Section 30;

 

(ii) Government Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 and all of Government Lot 14 except the North 890 feet of the West 765 feet and except the railroad right-of-way, Section 31; and

 

(iii) the South Half of the Northwest Quarter and the Southwest Quarter of Section 32;

 

(2) those parts of St. Louis County in Township 50 North, Range 17 West, described as follows:

 

(i) Government Lots 1, 2, 3, and 6 and the Southeast Quarter of the Northwest Quarter of Section 7;

 

(ii) Government Lots 1, 2, and 3, that part of the Northeast Quarter of the Northeast Quarter lying south of Township Road 5703, the Northwest Quarter of the Northwest Quarter, the Northeast Quarter of the Southeast Quarter, the Southwest Quarter of the Southeast Quarter, the Southeast Quarter of the Northeast Quarter, the Northwest Quarter of the Southeast Quarter, and the Southeast Quarter of the Southeast Quarter, Section 15;

 

(iii) Government Lots 1, 2, 3, and 4, Section 16;

 

(iv) Government Lots 1, 2, 3, and 4, Section 17;

 

(v) Government Lots 1 and 2, Section 18;

 

(vi) Government Lots 3, 7, 8, and 9, Section 22;

 

(vii) that part of the Southwest Quarter of the Southwest Quarter lying within 50 feet of the St. Louis River in Section 23;


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(viii) Government Lots 11 and 12 and that part of Government Lot 6 lying South of the North 700 feet, except the railroad right-of-way, Section 26; and

 

(ix) Government Lot 3 in Section 27;

 

(3) those parts of St. Louis County in Township 50 North, Range 18 West, described as follows:

 

(i) Government Lots 2, 3, 4, 7, 9, and 10, the Southwest Quarter of the Northeast Quarter, the Southeast Quarter of the Northwest Quarter, the Northwest Quarter of the Southeast Quarter, the Northeast Quarter of the Southwest Quarter, reserving a 66-foot-wide access easement across Government Lot 2 for access to Grantor's property in Section 31, Township 51 North, Range 17 West, and that part of Government Lot 6, Section 1, and Government Lot 6, Section 2, described as follows: 

 

Commencing at an iron pin at the centerline curve point of Trunk Highway No. 2, being the Minnesota Department of Transportation Station No. 2637 + 00, said point bears North 76 degrees 18 minutes 00 seconds West, assumed bearing 762.00 feet from the point of intersection of the tangent of said Trunk Highway No. 2, being an aluminum-capped monument on the cap of which are stamped the figures "2644 62.0" and the letters "PI," "Minn Highway Dept.  Monument," thence South 13 degrees 42 minutes 00 seconds West 100.00 feet along the prolongation of the radial line from said curve point, to the southerly right-of-way line of said Trunk Highway No. 2, the point of beginning of the tract to be herein described; thence easterly 622.50 feet along said southerly right-of-way line, along a nontangential curve, concave to the North, having a radius of 5,830.00 feet, a central angle of 6 degrees 07 minutes 04 seconds, and the chord of said curve bears South 79 degrees 21 minutes 32 seconds East; thence South 26 degrees 25 minutes 57 seconds West 284.19 feet; thence South 88 degrees 07 minutes 14 seconds West 769 feet, more or less, to the shore of the St. Louis River; thence northerly along said shore to its intersection with a line that bears North 76 degrees 18 minutes 00 seconds West from the point of beginning; thence South 76 degrees 18 minutes 00 seconds East 274 feet, more or less, to the point of beginning, Section 1; and

 

(ii) Government Lot 1, Section 12;

 

(4) those parts of St. Louis County in Township 51 North, Range 17 West, described as follows:

 

(i) Government Lots 3, 4, 5, 6, and 8, Section 3;

 

(ii) Government Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 and the Northwest Quarter of the Northeast Quarter, Southeast Quarter of the Northwest Quarter, and East Half of the Southeast Quarter, Section 9;

 

(iii) Government Lots 1, 2, 5, and 8 and the Southwest Quarter of the Southeast Quarter, Section 16;

 

(iv) Government Lots 2, 3, 4, 5, 6, 7, 8, and 9 and the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter, Section 20;

 

(v) Government Lot 1 and the Southwest Quarter of the Southwest Quarter, Section 29;

 

(vi) Government Lots 4, 5, 6, 7, 8, 9, 10, 11, and 12 and the Northeast Quarter of Southwest Quarter, Section 30; and

 

(vii) Government Lots 1, 2, 3, 4, 5, and 6, Section 31;

 

(5) those parts of St. Louis County in Township 51 North, Range 18 West, described as follows:

 

(i) Government Lots 1 and 2, Section 27;


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(ii) Government Lot 1, Section 28, except railroad right-of-way;

 

(iii) Government Lots 2, 3, and 4, Section 28;

 

(iv) Government Lots 3 and 4, Section 29;

 

(v) Government Lots 2, 3, and 4, Section 30;

 

(vi) Government Lots 3 and 4, Section 35; and

 

(vii) Government Lots 1, 2, 3, 4, 5, 6, 7, and 8 and the Northeast Quarter of the Northwest Quarter, Northeast Quarter of the Southeast Quarter, Southeast Quarter of the Southeast Quarter, and Southwest Quarter of the Southeast Quarter, Section 36, reserving a 66-foot-wide access easement across Government Lots 5 and 6 and the Southwest Quarter of the Southeast Quarter for access to Grantor's property in Section 31, Township 51 North, Range 17 West;

 

(6) those parts of St. Louis County in Township 51 North, Range 19 West, described as follows:

 

(i) that part of Government Lots 1, 2, and 3, Section 26, lying North of the St. Louis River and Government Lot 7, Section 28;

 

(ii) Government Lot 8, Section 28, lying northerly of G.  N.  right-of-way and Government Lot 5, Section 30;

 

(iii) Government Lots 7 and 10, Section 30, except right-of-way;

 

(iv) Government Lot 9, Section 30; and

 

(v) Government Lot 1, Section 31, lying northerly of the northerly railroad right-of-way line;

 

(7) those parts of St. Louis County in Township 51 North, Range 20 West, described as follows:

 

(i) Government Lot 2, Section 16;

 

(ii) Government Lot 8, Section 22;

 

(iii) Government Lot 3, Section 26;

 

(iv) Government Lots 1, 2, 3, and 4, Section 36; and

 

(v) Government Lots 6, 7, and 8, Section 36, except railroad right-of-way;

 

(8) those parts of St. Louis County in Township 52 North, Range 15 West, described as follows:

 

(i) Government Lots 3, 4, 5, and 6, Section 16;

 

(ii) Government Lots 1, 2, 3, 4, 5, 7, and 8, Section 17, and Government Lot 6, Section 17, except the West 330 feet; and

 

(iii) Government Lots 3, 4, 5, 6, and 7, Section 19;

 

(9) those parts of St. Louis County in Township 52 North, Range 16 West, described as follows:

 

(i) Government Lots 1, 2, 3, 4, and 5 and the Southeast Quarter of the Southeast Quarter, Northeast Quarter of the Southwest Quarter, and Southwest Quarter of the Southwest Quarter, Section 21;


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(ii) Government Lots 2, 3, 4, 5, 6, 7, 8, 9, and 10 and the Northeast Quarter of the Northwest Quarter and Northwest Quarter of the Northwest Quarter, Section 22;

 

(iii) Government Lot 3, Section 23;

 

(iv) Government Lot 2, Section 24;

 

(v) Government Lots 1, 4, 5, 6, 7, 8, 9, and 10, Section 25;

 

(vi) Government Lot 1, Section 26;

 

(vii) Government Lots 2 and 7, Section 26;

 

(viii) Government Lots 3 and 4, Section 27, reserving unto Grantor and Grantor's successors and assigns a 66‑foot-wide access road easement across said Government Lot 3 for the purpose of access to Grantor's or Grantor's successors or assigns land and Grantor's presently owned land that may be sold, assigned, or transferred in Government Lot 1, Section 27, said access road being measured 33 feet from each side of the centerline of that road that is presently existing at various widths and running in a generally southwesterly-northeasterly direction;

 

(ix) Government Lots 1 and 2, Section 28;

 

(x) Government Lots 1, 2, 3, and 5 and the Northeast Quarter of the Northeast Quarter and Southwest Quarter of the Northeast Quarter, Section 29;

 

(xi) Government Lots 1, 2, 3, and 4, Section 31, reserving unto Grantor and Grantor's successors and assigns a 66-foot-wide access road easement across said Government Lots 1, 2, and 3 for the purpose of access to Grantor's or Grantor's successors or assigns land and Grantor's presently owned lands that may be sold, assigned, or transferred in Government Lot 4, Section 29, said access road being measured 33 feet from each side of the centerline of that road that is presently existing at various widths and running in a generally East-West direction and any future extensions thereof as may be reasonably necessary to provide the access contemplated herein;

 

(xii) Government Lots 5, 7, 8, and 9, Section 31;

 

(xiii) Government Lots 1 and 2, an undivided two-thirds interest in the Northeast Quarter of the Northwest Quarter, an undivided two-thirds interest in the Southeast Quarter of the Northwest Quarter, and an undivided two‑thirds interest in the Southwest Quarter of the Northwest Quarter, Section 32, reserving unto Grantor and Grantor's successors and assigns an access road easement across the West 66 feet of the North 66 feet of said Government Lot 1 for the purpose of access to Grantor's or Grantor's successors or assigns land and Grantor's presently owned land that may be sold, assigned, or transferred in Government Lot 4, Section 29; and

 

(xiv) Northeast Quarter of Northeast Quarter, Section 35;

 

(10) those parts of St. Louis County in Township 52 North, Range 17 West, described as follows:

 

(i) the Southwest Quarter of the Southeast Quarter and Southeast Quarter of the Southwest Quarter, Section 24, reserving unto Grantor and Grantor's successors and assigns a 66-foot-wide access road easement across said Southwest Quarter of the Southeast Quarter for the purpose of access to Grantor's or Grantor's successors or assigns land and Grantor's presently owned land that may be sold, assigned, or transferred in Government Lot 4, Section 29, Township 52 North, Range 16 West, said access road being measured 33 feet from each side of the centerline of that road that is presently existing at various widths and running in a generally North-South direction;


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(ii) Government Lots 2, 3, 4, 5, and 7 and the Southwest Quarter of the Northeast Quarter, Section 25, reserving unto Grantor and Grantor's successors and assigns a 66-foot-wide access road easement across said Government Lots 2 and 5 for the purpose of access to Grantor's or Grantor's successors or assigns land and Grantor's presently owned land that may be sold, assigned, or transferred in Government Lot 6, Section 25, said access road being measured 33 feet from each side of the centerline of that road that is presently existing at various widths and running in a generally northwesterly-southeasterly direction and any future extensions thereof as may be reasonably necessary to provide the access contemplated herein;

 

(iii) Government Lots 2, 4, 5, and 6 and all that part of Government Lot 3 lying East of U.S. Highway 53, Section 26, reserving unto Grantor and Grantor's successors and assigns a 66-foot-wide access road easement across said Government Lots 2 and 3 for the purpose of access to Grantor's or Grantor's successors or assigns land and Grantor's presently owned land that may be sold, assigned, or transferred in Government Lot 1, Section 26, said access road being measured 33 feet from each side of the centerline of that road that is presently existing at various widths and running in a generally southwesterly-northeasterly direction and reserving unto Grantor and Grantor's successors and assigns a 66-foot-wide access road easement across said Government Lots 4, 5, and 6 for the purpose of access to Grantor's or Grantor's successors or assigns land and Grantor's presently owned land that may be sold, assigned, or transferred in Government Lot 6, Section 25, said access road being measured 33 feet from each side of the centerline of that road that is presently existing at various widths and running in a generally southwesterly‑northeasterly direction and any future extensions thereof as may be reasonably necessary to provide the access contemplated herein; and

 

(iv) Government Lots 1, 2, and 3, Section 36, reserving unto Grantor and Grantor's successors and assigns an access road easement across the West 66 feet of said Government Lot 2 for the purpose of access to Grantor's or Grantor's successors or assigns land and Grantor's presently owned land that may be sold, assigned, or transferred in the Southwest Quarter of the Northeast Quarter, Section 36;

 

(11) those parts of St. Louis County in Township 52 North, Range 19 West, described as follows:

 

(i) Government Lot 1, Section 16;

 

(ii) Government Lots 1 and 2, Section 17; and

 

(iii) Government Lot 1, Section 19;

 

(12) those parts of St. Louis County in Township 52 North, Range 20 West, described as follows:

 

(i) Government Lots 2, 3, and 4, Section 13;

 

(ii) Government Lot 6, Section 24;

 

(iii) that part of Government Lot 8, Section 24, described as follows:

 

Commencing at the West Quarter corner of said Section 24, which is also the northwest corner of Government Lot 8; thence South 01 degree 36 minutes 01 second East (bearing assigned) 1,230.11 feet along the west line of Government Lot 8 to the centerline of St. Louis County Highway 29 and the point of beginning; thence North 46 degrees 59 minutes 59 seconds East along said centerline 445.91 feet; thence South 43 degrees 00 minutes 01 second East 82.57 feet to an iron pipe monument on the westerly bank of the St. Louis River; thence continuing South 43 degrees 00 minutes 01 second East 30 feet, more or less, to the water's edge of the St. Louis River; thence southwesterly along said water's edge to the west line of said Government Lot 8; thence North 01 degree 36 minutes 01 second West along the west line of said Government Lot 8 to the point of beginning;

 

(iv) Government Lots 3, 4, and 5 and the Southeast Quarter of the Southwest Quarter, Section 26; and


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(v) Government Lots 1, 2, 3, and 4, Section 34;

 

(13) those parts of St. Louis County in Township 53 North, Range 13 West, described as follows:

 

(i) all that part of the Northwest Quarter of the Northwest Quarter lying North and West of the Little Cloquet River, Section 4;

 

(ii) Government Lots 1, 2, 3, 4, and 5, the Northeast Quarter of the Northeast Quarter, Northwest Quarter of the Northeast Quarter, Southwest Quarter of the Northeast Quarter, Northeast Quarter of the Northwest Quarter, Southeast Quarter of the Northwest Quarter, Northeast Quarter of the Southwest Quarter, and Southwest Quarter of the Northwest Quarter, Section 5;

 

(iii) Government Lots 1, 2, and 4 and the Northwest Quarter of the Southeast Quarter, Southeast Quarter of the Southeast Quarter, Southwest Quarter of the Southeast Quarter, Southeast Quarter of the Southwest Quarter, and Southwest Quarter of the Southwest Quarter, Section 6;

 

(iv) Government Lots 1, 2, 3, 4, 5, 6, and 7 and the Northwest Quarter of the Northeast Quarter, Northeast Quarter of the Northwest Quarter, Northwest Quarter of the Northwest Quarter, Southeast Quarter of the Northwest Quarter, Southwest Quarter of the Northwest Quarter, Southeast Quarter of the Southeast Quarter, and Northeast Quarter of the Southwest Quarter, Section 7;

 

(v) Government Lots 1 and 2 and the Northeast Quarter of the Northeast Quarter, Northwest Quarter of the Northeast Quarter, Southeast Quarter of the Northeast Quarter, Southwest Quarter of the Northeast Quarter, Northeast Quarter of the Southwest Quarter, Northwest Quarter of the Southwest Quarter, and Southwest Quarter of the Southwest Quarter, Section 8;

 

(vi) the Northeast Quarter of the Northwest Quarter, Northwest Quarter of the Northwest Quarter, Southeast Quarter of the Northwest Quarter, and Southwest Quarter of the Northwest Quarter, Section 17;

 

(vii) Government Lots 1 and 4, Section 29;

 

(viii) Government Lots 1 and 2 and the Northeast Quarter of the Northeast Quarter, Northwest Quarter of the Northeast Quarter, Southeast Quarter of the Northeast Quarter, Northeast Quarter of the Northwest Quarter, Northwest Quarter of the Northwest Quarter, Southeast Quarter of the Northwest Quarter, and Southwest Quarter of the Northwest Quarter, Section 30; and

 

(ix) Government Lots 1, 2, 3, and 4, Section 31;

 

(14) Government Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, Section 36, Township 53 North, Range 14 West, St. Louis County;

 

(15) those parts of St. Louis County in Township 53 North, Range 18 West, described as follows:

 

(i) Government Lots 3, 6, 7, and 8, Section 6; and

 

(ii) Government Lots 1 and 2, Section 7;

 

(16) those parts of St. Louis County in Township 53 North, Range 19 West, described as follows:

 

(i) all that part of Government Lot 5 lying within 50 feet of the St. Louis River, Section 5, and Government Lots 1, 2, 5, 6, 7, and 8, Section 12;


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(ii) Government Lots 1, 2, 3, 5, 8, and 9, Section 13;

 

(iii) all that portion of Government Lot 1, Section 23, that lies within 50 feet of the East bank of the Whiteface River at mean stage of water;

 

(iv) all that portion of Government Lots 2, 4, and 5, Section 23, that lies within 50 feet of the West bank of the Whiteface River at mean stage of water;

 

(v) all that part of Government Lot 7, Section 23, lying West of the former DM&IR railroad right-of-way;

 

(vi) Government Lots 8 and 10, Section 23;

 

(vii) all that part of the Northwest Quarter of the Southeast Quarter, Section 23, lying West of the former DM&IR railroad right-of-way;

 

(viii) Government Lots 5, 7, and 8, Section 31; and

 

(ix) Government Lot 5, Section 33;

 

(17) those parts of St. Louis County in Township 54 North, Range 13 West, described as follows:

 

(i) Government Lots 1, 4, 5, 6, and 7, Section 20;

 

(ii) Government Lots 3, 4, 6, 7, and 8 and the Southeast Quarter of the Southwest Quarter, Section 21;

 

(iii) Government Lots 1, 2, 3, 4, 5, and 7, Section 29;

 

(iv) Government Lots 1, 2, 3, 4, 9, and 10, Section 30; and

 

(v) Government Lots 5, 6, and 7 and the Northeast Quarter of the Northeast Quarter, Northwest Quarter of the Northeast Quarter, Southwest Quarter of the Northeast Quarter, Southeast Quarter of the Northwest Quarter, and Northwest Quarter of the Southeast Quarter, Section 31;

 

(18) those parts of St. Louis County in Township 54 North, Range 16 West, described as follows:

 

(i) Government Lots 2, 3, and 4 and the Northwest Quarter of the Southwest Quarter, Southeast Quarter of the Northwest Quarter, Southeast Quarter of the Northeast Quarter, and Southwest Quarter of the Northeast Quarter, Section 1;

 

(ii) Government Lots 1, 2, 3, 4, 6, 7, and 8 and the Northwest Quarter of the Southeast Quarter, Northeast Quarter of the Southeast Quarter, Southwest Quarter of the Southeast Quarter, Southeast Quarter of the Southeast Quarter, Southeast Quarter of the Southwest Quarter, and Southeast Quarter of the Northeast Quarter, Section 2;

 

(iii) all that part of Government Lot 9 lying South of the Whiteface River and West of County Road 547, also known as Comstock Lake Road, Section 3; and

 

(iv) Government Lots 3 and 4 and the Southeast Quarter of the Northeast Quarter and Southwest Quarter of the Northeast Quarter, Section 10;

 

(19) those parts of St. Louis County in Township 54 North, Range 18 West, described as follows:

 

(i) the South Half of the Southwest Quarter, except the railroad right-of-way, Section 15;


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(ii) Government Lot 2, except the North 660 feet of the East 990 feet, Section 16;

 

(iii) Government Lots 1, 3, 4, 5, 6, 7, and 8, Section 16;

 

(iv) Government Lot 3, Section 20;

 

(v) Government Lots 1, 2, 3, 4, and 5, Section 21;

 

(vi) Government Lots 1, 4, 5, and 7, Section 22;

 

(vii) those parts of Government Lots 2 and 9, except railroad right-of-way, Section 22;

 

(viii) all that part of Government Lot 6, Section 22, lying West of the Duluth Mesaba and Northern Railway Company's right-of-way;

 

(ix) Government Lot 9, Section 22, except the following parcels: 

 

(A) beginning at a point where the south line of company road, called Kelsey Road, intersects with the west line of the right-of-way of the Duluth, Missabe and Northern Railway on the Northeast Quarter of the Southeast Quarter, Section 22, Township 54, Range 18; thence West along the south line of said company road 627 feet; thence South 348 1/3 feet; thence East 627 feet to the west line of the right-of-way of the Duluth, Missabe and Northern Railway; thence North on the west line of said right-of-way 348 1/3 feet to commencement;

 

(B) beginning at the quarter corner between Sections 22 and 23, Township 54, Range 18; thence running North along the section line 114 feet, 6 inches, to the south line of Kelsey Road; thence northwesterly along the south line of Kelsey Road 348 feet, 8 inches, to the boundary of the right-of-way of the Duluth, Missabe and Northern Railway, thence South along the easterly boundary of the right-of-way of the Duluth, Missabe and Northern Railway 274 feet to the quarter line on Section 22; thence easterly along said quarter line 304 feet, 6 inches, to the point of beginning; and

 

(C) commencing at the southwest corner of Riverside Cemetery as recorded in "P" of Plats, Page 15; thence easterly along the south line of said cemetery to a point where said cemetery line intersects the westerly line of Highway No. 7, also known as Mesaba Trunk Highway; thence southerly along the westerly line of said Highway No. 7 to a point where said westerly line of said Highway No. 7 intersects the south line of Lot 9, Section 22, Township 54, Range 18; thence westerly along the southerly line of said Lot 9 to a point where the southerly line intersects the easterly line of the DM & N Railway Company's right-of-way; thence northerly along the easterly side of said DM & N Railway Company's right-of-way to beginning;

 

(x) Government Lots 2, 3, 4, 5, 6, 7, and 8, Section 29;

 

(xi) Government Lots 5 and 6, Section 30; and

 

(xii) Government Lots 3, 4, 5, 6, 9, 10, 11, and 12, Section 31;

 

(20) those parts of St. Louis County in Township 54 North, Range 19 West, described as follows:

 

(i) Government Lots 5, 6, 7, 8, and 9, Section 5;

 

(ii) Government Lots 1, 2, 3, 4, 5, 6, 7, and 8, Section 8;

 

(iii) Government Lots 1, 2, 3, 4, 5, 6, 7, and 8, Section 20;


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(iv) Government Lots 2 and 3, Section 29;

 

(v) Government Lot 1, Section 32;

 

(vi) Government Lot 5, except the South 1,320 feet, Section 32; and

 

(vii) Government Lot 2, Section 33;

 

(21) those parts of St. Louis County in Township 55 North, Range 15 West, described as follows:

 

(i) Governments Lot 1 and 2, Section 11;

 

(ii) Government Lot 9, except Highway 4 right-of-way, Section 11;

 

(iii) Government Lot 10, except Highway 4 right-of-way, Section 11;

 

(iv) Government Lots 2, 3, 4, 5, 6, and 7, Section 15;

 

(v) Government Lots 2, 3, 5, 6, 7, and 8 and the Northeast Quarter of Southwest Quarter, Section 21;

 

(vi) the Southwest Quarter of the Northeast Quarter, reserving unto Grantor and Grantor's successors and assigns a 66-foot-wide access easement across said Southwest Quarter of the Northeast Quarter for the purpose of access to Grantor's or Grantor's successors or assigns land and Grantor's presently owned land that may be sold, assigned, or transferred in Government Lot 4, Section 21, Township 55 North, Range 15 West, said access road being measured 33 feet on each side of the centerline of that road that is presently existing and known as the Whiteface Truck Trail, Section 21;

 

(vii) Government Lots 1, 2, and 3, Section 22;

 

(viii) Government Lots 1 and 2 and the Northeast Quarter of the Northwest Quarter, Section 28;

 

(ix) Government Lots 1, 4, 6, 8, and 9 and the Northeast Quarter of the Northeast Quarter, Northeast Quarter of the Southeast Quarter, and Northwest Quarter of the Southwest Quarter, Section 29;

 

(x) Government Lots 3 and 4 and the Northeast Quarter of the Southeast Quarter, Northeast Quarter of the Southwest Quarter, and Southeast Quarter of the Southwest Quarter, Section 30;

 

(xi) Government Lots 2, 3, 4, 5, 6, 8, 9, 10, and 11 and the Northeast Quarter of the Southwest Quarter, Section 31; and

 

(xii) Government Lot 1, Section 32;

 

(22) those parts of St. Louis County in Township 55 North, Range 16 West, described as follows:

 

(i) the Southwest Quarter of the Southeast Quarter, reserving unto Grantor and Grantor's successors and assigns a 66-foot-wide access road easement across said Southwest Quarter of the Southeast Quarter for the purpose of access to Grantor's or Grantor's successors or assigns land and Grantor's presently owned land that may be sold, assigned, or transferred in Government Lot 5, Section 1, Township 54 North, Range 16 West, Section 35; and

 

(ii) the Southeast Quarter of the Southeast Quarter, reserving unto Grantor and Grantor's successors and assigns a 66-foot-wide access road easement across said Southeast Quarter of the Southeast Quarter for the purpose of access to Grantor's or Grantor's successors or assigns land and Grantor's presently owned land that may be sold, assigned, or transferred in Government Lot 5, Section 1, Township 54 North, Range 16 West, Section 35;


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(23) those parts of St. Louis County in Township 55 North, Range 19 West, described as follows:

 

(i) an undivided two-thirds interest in Government Lot 1, Section 2;

 

(ii) Government Lots 2, 9, 10, and 12, Section 2;

 

(iii) Government Lot 11, Section 2, except railroad right-of-way;

 

(iv) Government Lots 1, 2, 3, 4, and 6, Section 10;

 

(v) Government Lot 4, Section 11;

 

(vi) Government Lots 1, 2, 6, 7, and 13, Section 15;

 

(vii) Government Lots 1 and 2, Section 16;

 

(viii) Government Lots 1 and 3 and the Southeast Quarter of the Northeast Quarter and Southwest Quarter of the Northeast Quarter, Section 22;

 

(ix) Government Lots 3, 4, 5, 6, 7, and 8 and the Northeast Quarter of the Northwest Quarter, Section 29;

 

(x) Government Lot 6, Section 30; and

 

(xi) Government Lots 4, 7, 8, 9, and 10, Section 31;

 

(24) those parts of St. Louis County in Township 56 North, Range 17 West, described as follows:

 

(i) Government Lots 2 and 8 and the Northwest Quarter of the Southeast Quarter and Northeast Quarter of the Southwest Quarter, Section 3;

 

(ii) Government Lots 4, 5, 6, 7, and 9, Section 3; and

 

(iii) Government Lots 6 and 9, that part of Government Lot 8 lying North of Highway No. 53, and that part of Government Lot 7 lying West of Highway No. 53, Section 4;

 

(25) those parts of St. Louis County in Township 56 North, Range 18 West, described as follows:

 

(i) Government Lots 5 and 6, Section 2;

 

(ii) Government Lots 5, 7, and 9 and the Northeast Quarter of the Southwest Quarter, Section 3;

 

(iii) all that part of Government Lot 11, except the following described parcel of land: 

 

Beginning at a point that is located 958 feet North of the southeast corner of said Government Lot 11, which corner is also the southeast corner of said Section 3, and 33 feet West of the east line of said Lot 11; thence running North parallel with the east line of said Lot 11 a distance of 700.5 feet to a point; thence southwesterly to a point that is 331.5 feet West and 1226 feet North of the southeast corner of said Lot 11; thence southerly parallel with the east line of said lot, a distance of 268 feet to a point; thence easterly a distance of 298.5 feet to the place of beginning, Section 3;

 

(iv) Government Lot 12, Section 3, except the following described parcels of land:


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(A) commencing at a point along the East and West One-Quarter line of said Section 3, which point is 33 feet West of the East One-Quarter corner of said Section 3, said point being on the west right-of-way line of County Highway No. 7; thence westerly along said quarter line for a distance of 300 feet to a point; thence southerly at right angles and parallel to the highway right-of-way in question for a distance of 300 feet to a point; thence easterly for a distance of 300 feet to a point in the west right-of-way line of County Highway No. 7; thence northerly along the west right-of-way line of County Highway No. 7 for a distance of 300 feet to the point of beginning;

 

(B) commencing at the East Quarter corner of said Section 3; thence westerly along the East/West Quarter line of said Section 3 a distance of 33.00 feet to the westerly right-of-way line of County Highway No. 7; thence continuing westerly along said East/West Quarter line a distance of 300.00 feet to the point of beginning; thence southerly, parallel with the westerly right-of-way line of County Highway No. 7 a distance of 400.00 feet; thence westerly, parallel with said East/West Quarter line to the easterly right-of-way line of the DM&IR Railroad; thence northerly along said easterly right-of-way line to said East/West Quarter line; thence easterly along said East/West Quarter line to the point of beginning; and

 

(C) the East 33 feet of the North 300 feet of said Government Lot 12;

 

(v) the Southeast Quarter of the Southeast Quarter, Section 4;

 

(vi) the Southeast Quarter of the Southeast Quarter, Section 7;

 

(vii) Government Lots 6 and 7, Section 8;

 

(viii) Government Lots 1 and 2, Section 9;

 

(ix) Government Lots 2 and 3, Section 17;

 

(x) Government Lots 5, 6, 7, 9, 10, 11, 12, and 13 and the Southeast Quarter of the Northwest Quarter, Section 18;

 

(xi) Government Lots 6, 7, 8, 9, 11, and 12 and the Northeast Quarter of the Northwest Quarter, Section 19;

 

(xii) Government Lots 1, 5, 8, and 9, Section 20;

 

(xiii) Government Lots 4, 5, 6, 7, and 8 and Government Lot 3, except for 1.0 acre for cemetery, Section 29;

 

(xiv) Government Lot 9, Section 30;

 

(xv) Government Lots 1, 2, 3, 6, 8, 9, 10, and 11, Section 31; and

 

(xvi) Government Lots 1 and 2, Section 32;

 

(26) those parts of St. Louis County in Township 56 North, Range 19 West, described as follows:

 

(i) Government Lot 1, Section 35;

 

(ii) Government Lot 2, Section 35; and

 

(iii) Government Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 and the Southeast Quarter of the Southeast Quarter and Southwest Quarter of the Northeast Quarter, Section 36;


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(27) those parts of St. Louis County in Township 57 North, Range 16 West, described as follows:

 

(i) the Southeast Quarter of the Northwest Quarter, Northwest Quarter of the Northeast Quarter, Southwest Quarter of the Southwest Quarter, and Northeast Quarter of the Southwest Quarter, Section 12; and

 

(ii) the Southeast Quarter of the Northwest Quarter, Section 15; and

 

(28) those parts of St. Louis County in Township 57 North, Range 17 West, described as follows:

 

(i) the Northeast Quarter of the Southwest Quarter and Southwest Quarter of the Southwest Quarter, Section 25; and

 

(ii) the Southeast Quarter of the Southeast Quarter and the Northeast Quarter of the Southeast Quarter, Section 26.

 

Sec. 119.  PRIVATE SALE OF TAX-FORFEITED LAND; AITKIN COUNTY.

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, Aitkin County may sell by private sale the tax-forfeited land described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Aitkin County and is described as:

 

The North Half of the Northeast Quarter of the Northeast Quarter lying East of 275th Avenue in Section 11, Township 47 North, Range 25 West, Aitkin County, Minnesota (part of parcel 15-0-017700).

 

(d) The county has determined that the county's land management interests would best be served if the land was returned to private ownership.

 

Sec. 120.  GOODHUE COUNTY; LAND TRANSFERS.

 

Subdivision 1.  Land transfers.  (a) Notwithstanding Minnesota Statutes, section 373.01, subdivision 1, paragraph (a), clause (3), Goodhue County may sell, lease, or otherwise convey county-owned land that abuts Lake Byllesby to adjoining property owners who after the transfer will have direct access to Lake Byllesby.  Any sale, lease, or other conveyance must be for the market value of the property as appraised by the county.  A sale, lease, or other conveyance under this section must reserve to the county mineral rights according to Minnesota Statutes, section 373.01, and flowage easements relating to water levels of Lake Byllesby.

 

(b) This section does not apply to any county-owned land that has been developed by the county as public parkland.

 

Subd. 2.  Effective date; local approval.  This section is effective the day after the governing body of Goodhue County and its chief clerical officer comply with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

Sec. 121.  PRIVATE SALE OF TAX-FORFEITED LANDS; ITASCA COUNTY.

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, Itasca County may sell by private sale the tax-forfeited lands described in paragraph (c).

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.


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(c) The lands to be sold are located in Itasca County and are described as:

 

(1) all that part of Government Lot 2, Section 27, Township 145 North, Range 26 West, lying northeasterly of the northeasterly right-of-way line of CSAH 39 and northwesterly of the following described line:  Commencing at the northwest corner of said Government Lot 2; thence South 89 degrees 21 minutes East, along the north line of said Government Lot 2 a distance of 286 feet, more or less, to a point on the northeasterly right-of-way line of the CSAH 39 right-of-way; thence South 51 degrees 01 minute East, 260.41 feet to the point of beginning of the line to be described; thence North 42 degrees 11 minutes East to intersect the water's edge of Ball Club Lake and there said line terminates; and

 

(2) the South two rods of the East 16 rods of Government Lot 14, Section 4, Township 60 North, Range 26 West of the Fourth Principle Meridian, containing approximately 0.20 acres.

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 122.  PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATERS; ROSEAU COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of natural resources may sell by private sale the surplus island located in public water that is described in paragraph (d) to a local unit of government for less than market value.

 

(b) The commissioner may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land described in paragraph (d) may be sold by quitclaim deed and the conveyance must provide that the land described in paragraph (d) be used for the public and reverts to the state if the local unit of government fails to provide for public use or abandons the public use of the land.  The conveyance is subject to a flowage easement held by the United States of America.

 

(d) The land that may be conveyed is located in Roseau County and is described as:  an unsurveyed island located in the approximate center of the South Half of the Southeast Quarter of Section 29, Township 163 North, Range 36 West, Roseau County, Minnesota; said island contains 6.7 acres, more or less (parcel identification number 563199100).

 

(e) The island is located in Warroad River and was created after statehood when dredge spoils were deposited on a sandbar in the Warroad River.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes, the conveyance would further the public interest, and the state's land management interests would best be served if the land was conveyed to a local unit of government for a public park and other public use.

 

Sec. 123.  PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY.

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, St. Louis County may sell by private sale the tax-forfeited lands described in paragraph (c).

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.

 

(c) The lands to be sold are located in St. Louis County and are described as:


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(1) the South Half of the North Half of the South Half of the Southwest Quarter of the Northwest Quarter, except the East 470 feet and except the part taken for a road, Township 50 North, Range 15 West, Section 29 (parcel identification number 395-0010-08713);

 

(2) the East 271 feet of the West 371 feet of the North 669.94 feet of the Northwest Quarter of the Northwest Quarter of Section 34, Township 61 North, Range 15 West of the Fourth Principal Meridian.  Together with the West 100 feet of the North 669.94 feet of the Northwest Quarter of the Northwest Quarter of Section 34, Township 61 North, Range 15 West of the Fourth Principal Meridian, which lies South of the North 300 feet thereof (part of parcel identification number 410-0024-00550);

 

(3) the West 371 feet of the Northwest Quarter of the Northwest Quarter of Section 34, Township 61 North, Range 15 West of the Fourth Principal Meridian, which lies South of the North 669.94 feet thereof (part of parcel identification number 410-0024-00550); and

 

(4) the Northeast Quarter, except the Southwest Quarter, and the North Half of the Northwest Quarter, Township 52 North, Range 19 West, Section 24 (part of parcel identification number 470-0010-03830).

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 124.  ST. LOUIS COUNTY; LEASE.

 

Notwithstanding Minnesota Statutes, section 282.04, St. Louis County may lease property legally described as part of Government Lot 5 except the lake portion of Embarrass Mine, Township 58 North, Range 15 West, Section 5, to the city of Aurora and the town of White for a water intake and treatment plant under Laws 2018, chapter 214, article 1, section 22, subdivision 6.  The lease must be in a form approved by the attorney general and for a term of 40 years.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 125.  CONVEYANCE OF CERTAIN PARCELS; ST. LOUIS COUNTY.

 

(a) Notwithstanding conflicting requirements in section 373.01, St. Louis County may convey, at no charge, small parcels of nonconforming property to the adjoining or surrounding owners subject to the following conditions:

 

(1) the parcels must be five acres or less in size;

 

(2) the parcels were acquired prior to December 31, 1960;

 

(3) the conveyance will be restricted to the adjoining or surrounding property;

 

(4) the adjoining parcel that the county land is to be conveyed to must abut the county parcel on two or more sides; and

 

(5) no delinquent property taxes are owed on the adjoining or surrounding property to be eligible for the conveyance.

 

(b) This section shall be liberally construed to encourage the transfer of ownership of nonconforming real property and promote its return to the tax rolls.

 

EFFECTIVE DATE.  This section is effective the day after the governing body of St. Louis County and its chief clerical officer comply with Minnesota Statutes, section 645.021, subdivisions 2 and 3.


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Sec. 126.  PRIVATE SALE OF TAX-FORFEITED LAND; BELTRAMI COUNTY.

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, Beltrami County may sell by private sale the tax-forfeited lands described in paragraph (c).

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.

 

(c) The lands to be sold are located in Beltrami County and are described as:

 

(1) the East 285 feet of the North 55 feet of the South Half of the Southeast Quarter, Section 13, Township 149 North, Range 32 West of the Fifth Principle Meridian (parcel identification number 16.00170.00);

 

(2) Lot 6, Block 12, Plat of Redby, Section 19, Township 151 North, Range 33 West (parcel identification number 36.00027.00);

 

(3) Lot 7, Block 16, Plat of Redby, Section 20, Township 151 North, Range 33 West (parcel identification number 36.00052.00);

 

(4) Lot 8, Block 16, Plat of Redby, Section 20, Township 151 North, Range 33 West (parcel identification number 36.00053.00);

 

(5) Lot 9, Block 16, Plat of Redby, Section 20, Township 151 North, Range 33 West (parcel identification number 36.00054.00);

 

(6) Lots 10, 11, and 12, Block 16, Plat of Redby, Section 20, Township 151 North, Range 33 West (parcel identification number 36.00055.00);

 

(7) the southerly 200 feet of vacated Block 28, Plat of Redby, less the northerly 75 feet of the westerly 150 feet thereof and less the easterly 170 feet thereof, Section 20, Township 151 North, Range 33 West (parcel identification number 36.00077.00);

 

(8) Lot 4, Block 29, Plat of Redby, Section 20, Township 151 North, Range 33 West (parcel identification number 36.00081.00); and

 

(9) Lot 1, Block 62, Plat of Redby, Section 19, Township 151 North, Range 33 West (parcel identification number 36.00148.00).

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 127.  PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATER; SHERBURNE COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of natural resources may sell by private sale the surplus land bordering public water that is described in paragraph (c) to a local unit of government for less than market value.

 

(b) The commissioner may make necessary changes to the legal description to correct errors and ensure accurac.

 


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(c) The land that may be sold is located in Sherburne County and is described as:  that part of Government Lot 3, Section 24, Township 33 North, Range 28 West, described as follows:

 

The East 400 feet of Government Lot 3, Section 24, Township 33 North, Range 28 West, according to the United States Government survey thereof.

 

(d) The land borders Big Lake.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land were conveyed to a local unit of government.

 

Sec. 128.  TIMBER PERMITS; CANCELLATION AND EXTENSION.

 

Subdivision 1.  Eligibility.  (a) For the purposes of this section, an "eligible permit" is a timber permit issued before July 1, 2020.

 

(b) In order to be eligible under this section, a permit holder must not be delinquent or have an active willful trespass with the state.

 

(c) In order to be eligible under subdivisions 2, 4, and 5, a permit holder must submit the written request to the commissioner of natural resources by August 31, 2021.  Notwithstanding any provisions to the contrary in Minnesota Statutes, chapter 90, permits that expired between January 1, 2021, and June 30, 2021, are eligible if they meet the requirements of this section.

 

Subd. 2.  Extensions.  Notwithstanding any provisions to the contrary in Minnesota Statutes, chapter 90, upon written request to the commissioner of natural resources by the holder of an eligible permit with more than 30 percent of the total permit volume in any combination of spruce or balsam fir, the commissioner may grant an extension of the permit for two years without penalty or interest.

 

Subd. 3.  Unused balsam fir.  Notwithstanding any provisions to the contrary in Minnesota Statutes, chapter 90, the commissioner of natural resources may cancel any provision in a timber sale that requires the security payment for or removal of all or part of the balsam fir when the permit contains more than 50 cords of balsam fir.  The commissioner may require the permit holder to fell or pile the balsam fir to meet management objectives.

 

Subd. 4.  Refunds.  (a) Notwithstanding any provisions to the contrary in Minnesota Statutes, chapter 90, upon written request to the commissioner of natural resources by the holder of an eligible permit that is inactive and intact with more than 30 percent of the total permit volume in any combination of spruce or balsam fir, the commissioner may cancel the permit and refund the sale security, advance payments, or bid guarantee as applicable for the permit to the permit holder.

 

(b) Notwithstanding any provisions to the contrary in Minnesota Statutes, chapter 90, upon written request to the commissioner of natural resources by the holder of an eligible active permit with more than 30 percent of the total permit volume in any combination of spruce or balsam fir and a previously existing cutting block agreement, the commissioner may cancel any intact cutting block designated in the permit that was not bonded or bonded before July 1, 2020, and refund security, as applicable, for the cutting block to the permit holder.  Any partially harvested cutting block is ineligible to be canceled under this paragraph.  The remaining provisions of the permit remain in effect.

 

Subd. 5.  Good Neighbor Authority.  Notwithstanding any provisions to the contrary in Minnesota Statutes, chapter 90, the commissioner of natural resources, in consultation with the United States Forest Service, may negotiate and provide holders of eligible permits with more than 30 percent of the total permit volume in any combination of spruce or balsam fir a method to voluntarily return intact cutting blocks designated in Good


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Neighbor Authority permits.  Upon written request by the eligible permit holder, the commissioner may cancel any intact cutting block designated in the permit that was not bonded or bonded before July 1, 2020, and refund applicable security for the cutting block to the permit holder.  Any partially harvested cutting block is ineligible to be canceled under this subdivision.  The remaining provisions of the permit remain in effect.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 129.  FACILITATE ENGINEERED WOOD PRODUCT MANUFACTURING FACILITY; ITASCA COUNTY.

 

Notwithstanding any law to the contrary, a corporation or other legal business entity that proposes an economic development project to build an engineered wood product manufacturing facility in Itasca County and that receives a written offer of financial incentives to be provided for that project from both the Department of Employment and Economic Development and the Department of Iron Range Resources and Rehabilitation anytime during 2021 is exempt from the requirement to conduct a mandatory environmental impact statement that is triggered solely by the proposed facility's gross floor space area.  The business entity is still required to conduct an environmental assessment worksheet (EAW) for any mandatory EAW categories, along with any subsequent environmental permitting required for the project after environmental review is complete.  For any work in wetlands that cannot be avoided or further minimized for this project, the business entity must conduct all required wetland permitting and agree to mitigate for any wetlands impacts at a ratio of 1.5 times the required mitigation ratio determined by regulatory agencies.  Any wetland credits must be purchased in the same watershed.

 

Sec. 130.  CONDITIONS UPON TERMINATING CERTAIN MINERAL LEASES IN 2021.

 

If the commissioner of natural resources terminates state mineral leases associated with a mine permit for an operation to mine, provide direct reduction of ore, and make steel in calendar year 2021, the commissioners of natural resources and the Pollution Control Agency must wait at least two years after the termination before initiating action to terminate environmental permits associated with the mining or processing of iron ore from the lands, unless earlier termination is necessary to ensure environmental protection or if otherwise governed by federal law.  Nothing in this section prohibits a permittee from proposing to amend or otherwise exercise any existing rights to transfer or cancel permits under existing law.  Nothing in this section precludes the commissioner of natural resources from terminating or transferring any state mineral leases issued in association with the properties listed above, provided the termination or transfer complies with all other requirements of Minnesota Statutes, chapter 93.

 

Sec. 131.  SOLID WASTE FACILITY REPORTING; RULEMAKING.

 

The commissioner of the Pollution Control Agency must, under the good cause exemption in Minnesota Statutes, section 14.388, subdivision 1, clause (3), amend rules to require reports to the agency from a solid waste facility to be submitted by March 1 for the previous calendar year.

 

Sec. 132.  CARBON SEQUESTRATION IN FORESTS OF THE STATE; GOALS.

 

The commissioner of natural resources must establish goals for increasing carbon sequestration in public and private forests in the state.  To achieve the goals, the commissioner must identify sustainable forestry strategies that increase the ability of forests to sequester atmospheric carbon while enhancing other ecosystem services, such as improved soil and water quality.  By January 15, 2023, the commissioner must submit a report with the goals and recommended forestry strategies to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over natural resources policy.


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Sec. 133.  AMENDING FEEDLOT PERMITS.

 

The commissioner of the Pollution Control Agency must, when necessary, amend all general and individual permits for feedlots to conform with Minnesota Statutes, section 116.07, subdivision 7, paragraph (h).  A permit modification under this section must be made in accordance with applicable federal permit modification requirements.

 

EFFECTIVE DATE.  This section is effective August 31, 2021, unless the federal Environmental Protection Agency disapproves the changes under Code of Federal Regulations, title 40, section 123.62(b)(3), or other applicable federal law.  The commissioner of the Pollution Control Agency must notify the revisor of statutes if this occurs.

 

Sec. 134.  REPEALER.

 

(a) Minnesota Statutes 2020, sections 85.0505, subdivision 3; 85.0507; and 85.054, subdivision 19, are repealed.

 

(b) Minnesota Rules, part 7044.0350, is repealed.

 

ARTICLE 3

DRIVING UNDER THE INFLUENCE UNIFORMITY

 

Section 1.  [84.765] OPERATING OFF-ROAD RECREATIONAL VEHICLES WHILE IMPAIRED.

 

Subdivision 1.  Definitions.  As used in this section, "controlled substance," "intoxicating substance," and "off‑road recreational vehicle" have the meanings given in section 169A.03.

 

Subd. 2.  Acts prohibited.  (a) An owner or other person having charge or control of an off-road recreational vehicle must not authorize or allow an individual the person knows or has reason to believe is under the influence of alcohol, a controlled substance, or an intoxicating substance to operate the off-road recreational vehicle anywhere in the state or on the ice of a boundary water of the state.

 

(b) A person who operates or is in physical control of an off-road recreational vehicle anywhere in the state or on the ice of a boundary water of the state is subject to chapter 169A.

 

(c) The provisions of chapters 169A, 171, and 609 relating to revoking, suspending, or canceling a driver's license, an instruction permit, or a nonresident operating privilege for alcohol, controlled substance, or intoxicating substance violations apply to operators of off-road recreational vehicles and operating privileges for off-road recreational vehicles.

 

(d) The commissioner of public safety must notify a person of the period during which the person is prohibited from operating an off-road recreational vehicle under section 169A.52, 169A.54, or 171.177.

 

(e) The court must promptly forward to the commissioner of public safety copies of all convictions and criminal and civil sanctions imposed under chapter 169A and section 171.177.

 

(f) If the person operating or in physical control of an off-road recreational vehicle is a program participant in the ignition interlock device program described in section 171.306, the off-road recreational vehicle may be operated only if it is equipped with an approved ignition interlock device and all requirements of section 171.306 are satisfied.  For purposes of this paragraph, "program participant" and "ignition interlock device" have the meanings given in section 171.306, subdivision 1.


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Subd. 3.  Penalties.  (a) A person who violates subdivision 2, paragraph (a), or an ordinance conforming to subdivision 2, paragraph (a), is guilty of a misdemeanor.

 

(b) A person who operates an off-road recreational vehicle during the period the person is prohibited from operating an off-road recreational vehicle under subdivision 2, paragraph (d), is subject to the penalty provided in section 171.24.

 

Sec. 2.  Minnesota Statutes 2020, section 84.795, subdivision 5, is amended to read:

 

Subd. 5.  Operating under influence of alcohol or controlled substance.  A person may not operate or be in control of an off-highway motorcycle anywhere in this state or on the ice of any boundary water of this state while under the influence of alcohol or a controlled substance, as provided in section 169A.20, and is subject to sections 169A.50 to 169A.53 or 171.177.  A conservation officer of the Department of Natural Resources is a peace officer for the purposes of sections 169A.20 and 169A.50 to 169A.53 or 171.177 as applied to the operation of an off‑highway motorcycle in a manner not subject to registration under chapter 168.

 

Sec. 3.  Minnesota Statutes 2020, section 84.83, subdivision 5, is amended to read:

 

Subd. 5.  Fines and forfeited bail.  The disposition of Fines and forfeited bail collected from prosecutions of violations of sections 84.81 to 84.91 84.90 or rules adopted thereunder, and violations of section 169A.20 that involve off-road recreational vehicles, as defined in section 169A.03, subdivision 16, are governed by section 97A.065.  must be deposited in the state treasury.  Half the receipts must be credited to the general fund, and half the receipts must be credited to the snowmobile trails and enforcement account in the natural resources fund.

 

Sec. 4.  [86B.33] OPERATING WHILE IMPAIRED.

 

Subdivision 1.  Definitions.  For purposes of this section, "controlled substance," "intoxicating substance," and "motorboat in operation" have the meanings given under section 169A.03.

 

Subd. 2.  Acts prohibited.  (a) An owner or other person having charge or control of a motorboat must not authorize or allow an individual the person knows or has reason to believe is under the influence of alcohol, a controlled substance, or an intoxicating substance to operate the motorboat in operation on waters of the state.

 

(b) A person who operates or is in physical control of a motorboat on waters of the state is subject to chapter 169A.

 

(c) The provisions of chapters 169A, 171, and 609 relating to revoking, suspending, or canceling a driver's license, an instruction permit, or a nonresident operating privilege for alcohol, controlled substance, or intoxicating substance violations apply to motorboat operators and to operating privileges for motorboats.

 

(d) The commissioner of public safety must notify a person of the period during which the person is prohibited from operating a motorboat under section 169A.52, 169A.54, or 171.177.

 

(e) The court must promptly forward to the commissioner of public safety copies of all convictions and criminal and civil sanctions imposed under chapter 169A and section 171.177.

 

(f) If the person operating or in physical control of a motorboat is a program participant in the ignition interlock device program described in section 171.306, the motorboat may be operated only if it is equipped with an approved ignition interlock device and all requirements of section 171.306 are satisfied.  For purposes of this paragraph, "program participant" and "ignition interlock device" have the meanings given in section 171.306, subdivision 1.


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Subd. 3.  Penalties.