Bill Text: MN HF5 | 2011 | 87th Legislature 1st Special | Introduced
Bill Title: Special Session Environment bill.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-07-19 - House: Introduction and first reading [HF5 Detail]
Download: Minnesota-2011-HF5-Introduced.html
1.2relating to state government; appropriating money for environment, natural
1.3resources, commerce, and energy; creating accounts; modifying disposition of
1.4certain receipts; creating an advisory committee; modifying fees; modifying
1.5feedlot provisions; modifying reporting requirements; modifying requirements
1.6for department use of silencers; modifying definitions; modifying Petroleum
1.7Tank Release Cleanup Act; modifying Mississippi River Management Plan;
1.8modifying aquaculture provisions; modifying compensation and assistance
1.9provisions for crop damage by elk; modifying requirements for fish and
1.10wildlife management plans; modifying provisions for taking, possessing,
1.11and transporting wild animals; modifying penalty and license provisions;
1.12modifying duties of the Board of Water and Soil Resources; modifying certain
1.13immunities from liability; limiting landowner liability for state walk-in access
1.14program; requiring reports; providing criminal penalties; requiring rulemaking;
1.15amending Minnesota Statutes 2010, sections 3.7371; 16C.055, subdivision 2;
1.1617.4982, subdivisions 8, 12, 13, by adding a subdivision; 17.4991, subdivision
1.173; 17.4992, subdivision 4; 17.4994; 84.942, subdivision 1; 84.95, subdivision
1.182; 84D.03, subdivision 4, as amended; 84D.11, subdivision 2a, as amended;
1.1984D.15, subdivision 2, as amended; 85.052, subdivision 4, as amended; 89.039,
1.20subdivision 1; 89.21; 93.481, subdivision 7; 97A.015, subdivisions 24, 45, 49,
1.2152, 55; 97A.028, subdivision 3; 97A.055, by adding a subdivision; 97A.071,
1.22subdivision 2; 97A.075; 97A.101, subdivision 3; 97A.311, subdivision 5;
1.2397A.321, subdivision 1; 97A.331, by adding a subdivision; 97A.405, subdivision
1.242; 97A.415, subdivision 2; 97A.425, subdivision 3; 97A.433, by adding a
1.25subdivision; 97A.435, subdivision 1; 97A.445, subdivision 1a; 97A.465,
1.26subdivision 5; 97A.475, subdivision 7; 97A.502; 97A.505, subdivision 2;
1.2797A.545, subdivision 5; 97B.022, subdivision 2; 97B.031, subdivision 5;
1.2897B.041; 97B.045, subdivision 3; 97B.055, subdivision 3; 97B.075; 97B.106,
1.29subdivision 1; 97B.211, subdivision 1; 97B.325; 97B.405; 97B.425; 97B.515,
1.30by adding a subdivision; 97B.645, subdivision 9; 97B.667; 97B.803; 97C.005,
1.31subdivision 3; 97C.081, subdivision 3, by adding a subdivision; 97C.087,
1.32subdivision 2; 97C.205; 97C.211, subdivision 5; 97C.341; 103B.101, subdivision
1.339; 103G.271, subdivision 6; 103G.301, by adding a subdivision; 103G.615,
1.34subdivision 2; 115A.1314; 115A.1320, subdivision 1; 115C.09, subdivision 3c;
1.35115C.13; 116.07, subdivisions 7c, 7d; 116P.05, subdivision 2; 290.431; 290.432;
1.36299C.40, subdivision 1; 357.021, subdivision 7; 604A.12; 604A.24; 609.66,
1.37subdivision 1h; Laws 2005, chapter 156, article 2, section 45, as amended;
1.38proposing coding for new law in Minnesota Statutes, chapters 16E; 17; 84;
1.3989; 97A; 97B; 97C; 103G; 348; repealing Minnesota Statutes 2010, sections
2.184.027, subdivision 11; 84.942, subdivisions 2, 3, 4; 97A.015, subdivisions 26b,
2.227b, 27c; 97A.435, subdivision 5; 97B.511; 97B.515, subdivision 3; 97C.081,
2.3subdivision 2; 116P.14.
2.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.8 The amounts shown in this section summarize direct appropriations, by fund, made
2.9in this article.
2.21 The sums shown in the columns marked "Appropriations" are appropriated to the
2.22agencies and for the purposes specified in this article. The appropriations are from the
2.23general fund, or another named fund, and are available for the fiscal years indicated
2.24for each purpose. The figures "2012" and "2013" used in this article mean that the
2.25appropriations listed under them are available for the fiscal year ending June 30, 2012, or
2.26June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
2.27year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
2.28year ending June 30, 2011, are effective the day following final enactment.
3.6The amounts that may be spent for each
3.7purpose are specified in the following
3.8subdivisions.
3.16$1,378,000 the first year and $1,378,000
3.17the second year are for water program
3.18operations.
3.19$1,959,000 the first year and $1,959,000
3.20the second year are for grants to delegated
3.21counties to administer the county feedlot
3.22program under Minnesota Statutes, section
3.23116.0711, subdivisions 2 and 3. Money
3.24remaining after the first year is available for
3.25the second year.
3.26$740,000 the first year and $740,000 the
3.27second year are from the environmental
3.28fund to address the need for continued
3.29increased activity in the areas of new
3.30technology review, technical assistance
3.31for local governments, and enforcement
3.32under Minnesota Statutes, sections 115.55
3.33to 115.58, and to complete the requirements
3.34of Laws 2003, chapter 128, article 1, section
3.35165.
4.1$75,000 the first year from the environmental
4.2fund is for the water management evaluation
4.3required in article 4. This is a onetime
4.4appropriation.
4.5$400,000 the first year and $400,000
4.6the second year are for the clean water
4.7partnership program. Priority shall be
4.8given to projects preventing impairments
4.9and degradation of lakes, rivers, streams,
4.10and groundwater according to Minnesota
4.11Statutes, section 114D.20, subdivision 2,
4.12clause (4).
4.13$289,000 the first year and $289,000 the
4.14second year are from the environmental
4.15fund for community technical assistance and
4.16education, including grants and technical
4.17assistance to communities for local and
4.18basinwide water quality protection.
4.19$375,000 the first year and $375,000 the
4.20second year are from the environmental
4.21fund for subsurface sewage treatment system
4.22(SSTS) administration and grants. Of this
4.23amount, $80,000 each year is for assistance
4.24to counties through grants for SSTS program
4.25administration. Any unexpended balance in
4.26the first year does not cancel but is available
4.27in the second year.
4.28Notwithstanding Minnesota Statutes, section
4.2916A.28, the appropriations encumbered on or
4.30before June 30, 2013, as grants or contracts
4.31for SSTS's, surface water and groundwater
4.32assessments, total maximum daily loads,
4.33storm water, and local basinwide water
4.34quality protection in this subdivision are
4.35available until June 30, 2016.
5.5$200,000 the first year and $200,000 the
5.6second year are from the environmental fund
5.7for a monitoring program under Minnesota
5.8Statutes, section 116.454.
5.9Up to $150,000 the first year and $150,000
5.10the second year may be transferred from the
5.11environmental fund to the small business
5.12environmental improvement loan account
5.13established in Minnesota Statutes, section
5.14116.993.
5.15$125,000 the first year and $125,000 the
5.16second year are from the environmental fund
5.17for monitoring ambient air for hazardous
5.18pollutants in the metropolitan area.
5.25All money for environmental response,
5.26compensation, and compliance in the
5.27remediation fund not otherwise appropriated
5.28is appropriated to the commissioners of the
5.29Pollution Control Agency and agriculture
5.30for purposes of Minnesota Statutes, section
5.31115B.20, subdivision 2, clauses (1), (2),
5.32(3), (6), and (7). At the beginning of each
5.33fiscal year, the two commissioners shall
5.34jointly submit an annual spending plan
5.35to the commissioner of management and
6.1budget that maximizes the utilization of
6.2resources and appropriately allocates the
6.3money between the two departments. This
6.4appropriation is available until June 30, 2013.
6.5$3,616,000 the first year and $3,616,000 the
6.6second year are from the petroleum tank fund
6.7to be transferred to the remediation fund for
6.8purposes of the leaking underground storage
6.9tank program to protect the land.
6.10$252,000 the first year and $252,000 the
6.11second year are from the remediation fund
6.12for transfer to the commissioner of health for
6.13private water supply monitoring and health
6.14assessment costs in areas contaminated
6.15by unpermitted mixed municipal solid
6.16waste disposal facilities and drinking water
6.17advisories and public information activities
6.18for areas contaminated by hazardous releases.
6.19$268,000 the first year and $268,000 the
6.20second year are for transfer to the Department
6.21of Health to complete the environmental
6.22health tracking and biomonitoring analysis
6.23related to perfluorochemicals and mercury
6.24monitoring in Lake Superior and disseminate
6.25the results. This is a onetime appropriation.
6.32$14,250,000 the first year and $14,250,000
6.33the second year are from the environmental
6.34fund for SCORE block grants to counties.
7.1$119,000 the first year and $119,000 the
7.2second year are from the environmental
7.3fund for environmental assistance grants
7.4or loans under Minnesota Statutes, section
7.5115A.0716. Any unencumbered grant and
7.6loan balances in the first year do not cancel
7.7but are available for grants and loans in the
7.8second year.
7.9$89,000 the first year and $89,000 the
7.10second year are from the environmental fund
7.11for duties related to harmful chemicals in
7.12products under Minnesota Statutes, section
7.13116.9401 to 116.9407. Of this amount,
7.14$57,000 each year is transferred to the
7.15commissioner of health.
7.16$315,000 the first year and $315,000 the
7.17second year are from the environmental fund
7.18for the electronics waste program under
7.19Minnesota Statutes, sections 115A.1310 to
7.20115A.1330.
7.21$350,000 the first year and $350,000 the
7.22second year are from the environmental
7.23fund for the costs of implementing general
7.24operating permits for feedlots over 1,000
7.25animal units. Of this amount, $150,000 each
7.26year is a onetime appropriation.
7.27All money deposited in the environmental
7.28fund for the metropolitan solid waste
7.29landfill fee in accordance with Minnesota
7.30Statutes, section 473.843, and not otherwise
7.31appropriated, is appropriated for the purposes
7.32of Minnesota Statutes, section 473.844.
7.33Notwithstanding Minnesota Statutes, section
7.3416A.28, the appropriations encumbered on
7.35or before June 30, 2013, as contracts or
8.1grants for surface water and groundwater
8.2assessments; environmental assistance
8.3awarded under Minnesota Statutes, section
8.4115A.0716; technical and research assistance
8.5under Minnesota Statutes, section 115A.152;
8.6technical assistance under Minnesota
8.7Statutes, section 115A.52; and pollution
8.8prevention assistance under Minnesota
8.9Statutes, section 115D.04, are available until
8.10June 30, 2015.
8.13The commissioner shall transfer up to
8.14$42,000,000 from the environmental fund to
8.15the remediation fund for the purposes of the
8.16remediation fund under Minnesota Statutes,
8.17section 116.155, subdivision 2.
8.27The amounts that may be spent for each
8.28purpose are specified in the following
8.29subdivisions.
9.3$2,696,000 the first year and $2,696,000
9.4the second year are from the minerals
9.5management account in the natural resources
9.6fund for use as provided in Minnesota
9.7Statutes, section 93.2236, paragraph (c),
9.8for mineral resource management, projects
9.9to enhance future mineral income, and
9.10projects to promote new mineral resource
9.11opportunities.
9.12$68,000 the first year and $68,000 the
9.13second year are for minerals cooperative
9.14environmental research, of which $34,000
9.15the first year and $34,000 the second year are
9.16available only as matched by $1 of nonstate
9.17money for each $1 of state money. The
9.18match may be cash or in-kind.
9.19$251,000 the first year and $251,000 the
9.20second year are for iron ore cooperative
9.21research. Of this amount, $200,000 each year
9.22is from the minerals management account
9.23in the natural resources fund. $175,000 the
9.24first year and $175,000 the second year are
9.25available only as matched by $1 of nonstate
9.26money for each $1 of state money. The match
9.27may be cash or in-kind. Any unencumbered
9.28balance from the first year does not cancel
9.29and is available in the second year.
9.30$630,000 the first year and $630,000 the
9.31second year are from the dedicated receipts
9.32account in the natural resources fund to cover
9.33the costs associated with issuing licenses for
9.34land and water crossings and road easements.
10.1$200,000 the first year and $200,000 the
10.2second year are from the state forest suspense
10.3account in the permanent school fund to
10.4accelerate land exchanges, land sales, and
10.5commercial leasing of school trust lands and
10.6to identify, evaluate, and lease construction
10.7aggregate located on school trust lands. This
10.8appropriation is to be used for securing
10.9maximum long-term economic return
10.10from the school trust lands consistent with
10.11fiduciary responsibilities and sound natural
10.12resources conservation and management
10.13principles.
10.14The appropriations in Laws 2007, chapter
10.1557, article 1, section 4, subdivision 2, as
10.16amended by Laws 2009, chapter 37, article
10.171, section 60, for support of the land records
10.18management system are available until June
10.1930, 2013.
10.26$2,742,000 the first year and $2,742,000 the
10.27second year are from the invasive species
10.28account in the natural resources fund and
10.29$1,674,000 the first year and $1,674,000 the
10.30second year are from the general fund for
10.31management, public awareness, assessment
10.32and monitoring research, law enforcement,
10.33and water access inspection to prevent the
10.34spread of invasive species; management
10.35of invasive plants in public waters; and
11.1management of terrestrial invasive species
11.2on state-administered lands.
11.3$5,000,000 the first year, and $5,000,000 the
11.4second year are from the water management
11.5account in the natural resources fund for only
11.6the purposes specified in Minnesota Statutes,
11.7section 103G.27, subdivision 2.
11.8$264,000 the first year and $264,000 the
11.9second year are for grants for up to 50
11.10percent of the cost of implementation of
11.11the Red River mediation agreement. The
11.12commissioner shall submit a report to the
11.13chairs of the legislative committees having
11.14primary jurisdiction over environment and
11.15natural resources policy and finance on the
11.16accomplishments achieved with the grants
11.17by January 15, 2014.
11.18$1,636,000 the first year and $1,636,000
11.19the second year are from the heritage
11.20enhancement account in the game and
11.21fish fund for only the purposes specified
11.22in Minnesota Statutes, section 297A.94,
11.23paragraph (e), clause (1).
11.24$1,223,000 the first year and $1,223,000 the
11.25second year are from the nongame wildlife
11.26management account in the natural resources
11.27fund for the purpose of nongame wildlife
11.28management. Notwithstanding Minnesota
11.29Statutes, section 290.431, $100,000 the first
11.30year and $100,000 the second year may
11.31be used for nongame wildlife information,
11.32education, and promotion.
11.33$1,000,000 the first year and $1,000,000 the
11.34second year from the heritage enhancement
11.35account in the game and fish fund is for law
12.1enforcement and water access inspection
12.2to prevent the spread of aquatic invasive
12.3species. This is a onetime appropriation.
12.4$53,000 the first year and $53,000 the
12.5second year are for a grant to the Mississippi
12.6Headwaters Board for up to 50 percent of
12.7the cost of implementing the comprehensive
12.8plan for the upper Mississippi within areas
12.9under the board's jurisdiction.
12.10$5,000 the first year and $5,000 the second
12.11year are for payment to the Leech Lake Band
12.12of Chippewa Indians to implement the band's
12.13portion of the comprehensive plan for the
12.14upper Mississippi.
12.21$7,145,000 the first year and $7,145,000
12.22the second year are for prevention,
12.23presuppression, and suppression costs of
12.24emergency firefighting and other costs
12.25incurred under Minnesota Statutes, section
12.2688.12. The amount necessary to pay for
12.27presuppression and suppression costs during
12.28the biennium is appropriated from the general
12.29fund.
12.30By January 15 of each year, the commissioner
12.31of natural resources shall submit a report to
12.32the chairs and ranking minority members
12.33of the house and senate committees
12.34and divisions having jurisdiction over
12.35environment and natural resources finance,
13.1identifying all firefighting costs incurred
13.2and reimbursements received in the prior
13.3fiscal year. These appropriations may
13.4not be transferred. Any reimbursement
13.5of firefighting expenditures made to the
13.6commissioner from any source other than
13.7federal mobilizations shall be deposited into
13.8the general fund.
13.9$13,593,000 the first year and $13,593,000
13.10the second year are from the forest
13.11management investment account in the
13.12natural resources fund for only the purposes
13.13specified in Minnesota Statutes, section
13.1489.039, subdivision 2.
13.15$580,000 the first year and $580,000 the
13.16second year are for the Forest Resources
13.17Council for implementation of the
13.18Sustainable Forest Resources Act.
13.19$250,000 in the first year and $250,000 in the
13.20second year are for the FORIST system.
13.21$1,000,000 the first year and $1,000,000
13.22the second year are from the heritage
13.23enhancement account in the game and fish
13.24fund to maintain and expand the ecological
13.25classification system program. This is a
13.26onetime appropriation.
13.33$1,075,000 the first year and $1,075,000 the
13.34second year are from the water recreation
14.1account in the natural resources fund for
14.2enhancing public water access facilities.
14.3The appropriation in Laws 2003, chapter
14.4128, article 1, section 5, subdivision 6, from
14.5the water recreation account in the natural
14.6resources fund for a cooperative project with
14.7the United States Army Corps of Engineers
14.8to develop the Mississippi Whitewater Park
14.9is available until June 30, 2013. The project
14.10must be designed to prevent the spread of
14.11aquatic invasive species.
14.12$5,731,000 the first year and $5,731,000 the
14.13second year are from the natural resources
14.14fund for state trail, park, and recreation area
14.15operations. This appropriation is from the
14.16revenue deposited in the natural resources
14.17fund under Minnesota Statutes, section
14.18297A.94, paragraph (e), clause (2).
14.19$8,424,000 the first year and $8,424,000
14.20the second year are from the snowmobile
14.21trails and enforcement account in the
14.22natural resources fund for the snowmobile
14.23grants-in-aid program. Any unencumbered
14.24balance does not cancel at the end of the first
14.25year and is available for the second year.
14.26$1,360,000 the first year and $1,360,000
14.27the second year are from the natural
14.28resources fund for the off-highway vehicle
14.29grants-in-aid program. Of this amount,
14.30$1,110,000 each year is from the all-terrain
14.31vehicle account; $150,000 each year is from
14.32the off-highway motorcycle account; and
14.33$100,000 each year is from the off-road
14.34vehicle account. Any unencumbered balance
15.1does not cancel at the end of the first year
15.2and is available for the second year.
15.3$805,000 the first year and $805,000 the
15.4second year are from the natural resources
15.5fund for trail grants to local units of
15.6government on land to be maintained for at
15.7least 20 years for the purposes of the grants.
15.8This appropriation is from the revenue
15.9deposited in the natural resources fund
15.10under Minnesota Statutes, section 297A.94,
15.11paragraph (e), clause (4).
15.12$200,000 the first year from the off-highway
15.13vehicle damage account in the natural
15.14resources fund is for the all-terrain vehicle
15.15grants-in-aid program.
15.16$100,000 the first year is from the all-terrain
15.17vehicle account in the natural resources fund
15.18for a pass-through grant to Lake County for
15.19completion of the Lake County Regional
15.20All-Terrain Vehicle Trail. This is a onetime
15.21appropriation and is available until spent.
15.22$400,000 each year is from the all-terrain
15.23vehicle account in the natural resources
15.24fund. Of this amount, $100,000 the first
15.25year and $100,000 the second year are for
15.26the all-terrain vehicle grant-in-aid trails
15.27program. $200,000 the first year and
15.28$200,000 the second year are for the creation
15.29and development of all-terrain vehicle
15.30trails. $100,000 each year is to provide
15.31downloadable trail maps on the Internet and
15.32is a onetime appropriation. By January 1,
15.332013, the commissioner shall submit a report
15.34to the chairs and ranking minority members
15.35of the legislative committees and divisions
16.1with jurisdiction over natural resources
16.2policy and finance. The report must indicate
16.3where and how many miles of new all-terrain
16.4vehicle trails were created and designated
16.5with appropriations under this paragraph.
16.12$100,000 the first year and $100,000 the
16.13second year are from the nongame wildlife
16.14account in the natural resources fund for gray
16.15wolf research.
16.16$120,000 the first year and $120,000 the
16.17second year are from the game and fish fund
16.18for gray wolf management.
16.19$8,167,000 the first year and $8,167,000
16.20the second year are from the heritage
16.21enhancement account in the game and
16.22fish fund only for activities specified in
16.23Minnesota Statutes, section 297A.94,
16.24paragraph (e), clause (1). Notwithstanding
16.25Minnesota Statutes, section 297A.94, five
16.26percent of this appropriation may be used for
16.27expanding hunter and angler recruitment and
16.28retention.
16.29Notwithstanding Minnesota Statutes, section
16.3084.943, $13,000 the first year and $13,000
16.31the second year from the critical habitat
16.32private sector matching account may be used
16.33to publicize the critical habitat license plate
16.34match program.
17.1$199,000 the first year and $199,000 the
17.2second year are for preserving, restoring, and
17.3enhancing grassland and wetland complexes
17.4on public or private lands.
17.5$600,000 the first year is from the game and
17.6fish fund for land acquisition.
17.7Notwithstanding Minnesota Statutes, section
17.816A.28, the appropriations encumbered
17.9under contract on or before June 30, 2013, for
17.10aquatic restoration grants and wildlife habitat
17.11grants are available until June 30, 2014.
17.19$1,204,000 the first year and $1,307,000
17.20the second year are from the heritage
17.21enhancement account in the game and
17.22fish fund for only the purposes specified
17.23in Minnesota Statutes, section 297A.94,
17.24paragraph (e), clause (1).
17.25$240,000 the first year and $143,000
17.26the second year are from the heritage
17.27enhancement account in the game and fish
17.28fund for a conservation officer academy.
17.29$315,000 the first year and $315,000 the
17.30second year are from the snowmobile
17.31trails and enforcement account in the
17.32natural resources fund for grants to local
17.33law enforcement agencies for snowmobile
17.34enforcement activities. Any unencumbered
18.1balance does not cancel at the end of the first
18.2year and is available for the second year.
18.3$250,000 the first year and $250,000 the
18.4second year are from the all-terrain vehicle
18.5account for grants to qualifying organizations
18.6to assist in safety and environmental
18.7education and monitoring trails on public
18.8lands under Minnesota Statutes, section
18.984.9011. Grants issued under this paragraph:
18.10(1) must be issued through a formal
18.11agreement with the organization; and (2)
18.12must not be used as a substitute for traditional
18.13spending by the organization. By December
18.1415 each year, an organization receiving a
18.15grant under this paragraph shall report to the
18.16commissioner with details on expenditures
18.17and outcomes from the grant. By January
18.1815, 2013, the commissioner shall report on
18.19the expenditures and outcomes of the grants
18.20to the chairs and ranking minority members
18.21of the legislative committees and divisions
18.22having jurisdiction over natural resources
18.23policy and finance. Of this appropriation,
18.24$25,000 each year is for administration of
18.25these grants. Any unencumbered balance
18.26does not cancel at the end of the first year
18.27and is available for the second year.
18.28$510,000 the first year and $510,000
18.29the second year are from the natural
18.30resources fund for grants to county law
18.31enforcement agencies for off-highway
18.32vehicle enforcement and public education
18.33activities based on off-highway vehicle use
18.34in the county. Of this amount, $498,000 each
18.35year is from the all-terrain vehicle account;
18.36$11,000 each year is from the off-highway
19.1motorcycle account; and $1,000 each year
19.2is from the off-road vehicle account. The
19.3county enforcement agencies may use
19.4money received under this appropriation
19.5to make grants to other local enforcement
19.6agencies within the county that have a high
19.7concentration of off-highway vehicle use.
19.8Of this appropriation, $25,000 each year
19.9is for administration of these grants. Any
19.10unencumbered balance does not cancel at the
19.11end of the first year and is available for the
19.12second year.
19.13$1,082,000 the first year and $1,082,000 the
19.14second year are from the water recreation
19.15account in the natural resources fund for
19.16grants to counties for boat and water safety.
19.17Any unencumbered balance does not cancel
19.18at the end of the first year and is available for
19.19the second year.
19.26$320,000 the first year and $320,000 the
19.27second year are from the natural resources
19.28fund for grants to be divided equally between
19.29the city of St. Paul for the Como Park Zoo
19.30and Conservatory and the city of Duluth
19.31for the Duluth Zoo. This appropriation
19.32is from the revenue deposited to the fund
19.33under Minnesota Statutes, section 297A.94,
19.34paragraph (e), clause (5).
20.3$3,423,000 the first year and $3,423,000 the
20.4second year are for natural resources block
20.5grants to local governments. The board may
20.6reduce the amount of the natural resources
20.7block grant to a county by an amount equal to
20.8any reduction in the county's general services
20.9allocation to a soil and water conservation
20.10district from the county's previous year
20.11allocation when the board determines that
20.12the reduction was disproportionate. Grants
20.13must be matched with a combination of local
20.14cash or in-kind contributions. The base
20.15grant portion related to water planning must
20.16be matched by an amount as specified by
20.17Minnesota Statutes, section 103B.3369.
20.18$3,116,000 the first year and $3,116,000
20.19the second year are for grants requested
20.20by soil and water conservation districts for
20.21general purposes, nonpoint engineering, and
20.22implementation of the reinvest in Minnesota
20.23reserve program. Upon approval of the
20.24board, expenditures may be made from these
20.25appropriations for supplies and services
20.26benefiting soil and water conservation
20.27districts. Any district requesting a grant
20.28under this paragraph shall maintain a Web
20.29page that publishes, at a minimum, its annual
20.30plan, annual report, annual audit, annual
20.31budget, including membership dues, and
20.32meeting notices and minutes.
20.33$1,560,000 the first year and $1,560,000
20.34the second year are for grants to soil and
20.35water conservation districts for cost-sharing
21.1contracts for erosion control, water quality
21.2management, feedlot water quality projects.
21.3$386,000 the first year and $386,000 the
21.4second year are for implementation and
21.5enforcement of the Wetland Conservation
21.6Act.
21.7$166,000 the first year and $166,000 the
21.8second year are to provide assistance to local
21.9drainage management officials and for the
21.10costs of the Drainage Work Group.
21.11$100,000 the first year and $100,000
21.12the second year are for a grant to the
21.13Red River Basin Commission for water
21.14quality and floodplain management,
21.15including administration of programs. If the
21.16appropriation in either year is insufficient, the
21.17appropriation in the other year is available
21.18for it.
21.19$120,000 the first year and $120,000
21.20the second year are for grants to Area
21.21II Minnesota River Basin Projects for
21.22floodplain management.
21.23$42,000 each year is to the Minnesota River
21.24Board for operating expenses to measure and
21.25report the results of projects in the 12 major
21.26watersheds within the Minnesota River basin.
21.27Notwithstanding Minnesota Statutes, section
21.28103C.501, the board may shift cost-share
21.29funds in this section and may adjust the
21.30technical and administrative assistance
21.31portion of the grant funds to leverage
21.32federal or other nonstate funds or to address
21.33high-priority needs identified in local water
21.34management plans.
22.1The appropriations for grants in this
22.2section are available until expended. If an
22.3appropriation for grants in either year is
22.4insufficient, the appropriation in the other
22.5year is available for it.
22.11$2,870,000 the first year and $2,870,000
22.12the second year are for metropolitan area
22.13regional parks operation and maintenance
22.14according to Minnesota Statutes, section
22.15473.351.
22.16$5,670,000 the first year and $5,670,000 the
22.17second year are from the natural resources
22.18fund for metropolitan area regional parks
22.19and trails maintenance and operations. This
22.20appropriation is from the revenue deposited
22.21in the natural resources fund under Minnesota
22.22Statutes, section 297A.94, paragraph (e),
22.23clause (3).
22.30Conservation Corps Minnesota may receive
22.31money appropriated from the natural
22.32resources fund under this section only
22.33as provided in an agreement with the
22.34commissioner of natural resources. The
22.35general fund appropriation is onetime.
23.6$160,000 the first year and $160,000 the
23.7second year are from the natural resources
23.8fund from the revenue deposited under
23.9Minnesota Statutes, section 297A.94,
23.10paragraph (e), clause (5).
23.11 Sec. 9. EFFECTIVE DATE; RELATIONSHIP TO OTHER APPROPRIATIONS.
23.12Unless otherwise specified, this article is effective retroactively from July 1, 2011,
23.13and supersedes and replaces funding authorized by order of the Second Judicial District
23.14Court in Case No. 62-CV-11-5203.
23.18 The amounts shown in this section summarize direct appropriations, by fund, made
23.19in this article.
23.26 The sums shown in the columns marked "Appropriations" are appropriated to the
23.27agencies and for the purposes specified in this article. The appropriations are from the
23.28general fund, or another named fund, and are available for the fiscal years indicated
23.29for each purpose. The figures "2012" and "2013" used in this article mean that the
23.30appropriations listed under them are available for the fiscal year ending June 30, 2012, or
23.31June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
23.32year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
23.33year ending June 30, 2011, are effective the day following final enactment.
24.13The amounts that may be spent for each
24.14purpose are specified in the following
24.15subdivisions.
24.17$138,000 the first year and $142,000
24.18the second year are for the regulation of
24.19mortgage originators and servicers under
24.20Minnesota Statutes, chapters 58 and 58A.
24.21$350,000 each year is for additional financial
24.22examination services. The commissioner
24.23may issue contracts for these services.
24.26This appropriation is from the petroleum
24.27tank release cleanup fund.
24.29$375,000 each year is for additional
24.30compliance efforts with unclaimed property.
24.31The commissioner may issue contracts
24.32for these services. This additional amount
24.33shall be added to the base budget for fiscal
24.34years 2014 and 2015 only. The enhanced
25.1unclaimed property compliance program
25.2shall sunset June 30, 2015.
25.13(a) The transfers in this section are from the
25.14telecommunications access Minnesota fund.
25.15(b) $300,000 the first year and $300,000
25.16the second year and each year thereafter
25.17are for transfer to the commissioner of
25.18human services to supplement the ongoing
25.19operational expenses of the Commission
25.20of Deaf, DeafBlind, and Hard-of-Hearing
25.21Minnesotans.
25.22(c) In addition to the appropriations and
25.23transfers authorized in Minnesota Statutes,
25.24section 237.52, $400,000 the first year
25.25and $400,000 the second year are onetime
25.26transfers for the following purposes:
25.27(1) $230,000 each year is to the Office of
25.28Enterprise Technology for coordinating
25.29technology accessibility and usability;
25.30(2) $20,000 each year is to the Commission
25.31of Deaf, DeafBlind, and Hard-of-Hearing
25.32Minnesotans to provide information on their
25.33Web site in American Sign Language and to
26.1provide technical assistance to state agencies;
26.2and
26.3(3) $150,000 each year is to the Legislative
26.4Coordinating Commission to provide
26.5captioning of live streaming of legislative
26.6activity on the commission's Web site and
26.7for a consolidated access fund for other state
26.8agencies.
26.9(d) These transfers are subject to Minnesota
26.10Statutes, sections 16A.28 and 16A.281.
26.13(a) By June 30, 2013, the commissioner
26.14of management and budget shall transfer
26.15$3,400,000 from the special revenue fund to
26.16the general fund. The transfers must be from
26.17the following appropriation reductions and
26.18accounts with the special revenue fund:
26.19(1) $1,100,000 is from the
26.20telecommunications access Minnesota
26.21fund established in Minnesota Statutes,
26.22section 237.52;
26.23(2) $1,300,000 is from the energy and
26.24conservation account established in
26.25Minnesota Statutes, section 216B.241; and
26.26(3) the commissioner of management and
26.27budget shall transfer $500,000 the first year
26.28and $500,000 the second year to the general
26.29fund from the telephone assistance program
26.30established in Minnesota Statutes, section
26.31237.69.
27.1By June 30, 2012, the commissioner of
27.2management and budget shall transfer
27.3$13,742,000 in assets of the workers'
27.4compensation assigned risk plan created
27.5under Minnesota Statutes, section 79.252, to
27.6the general fund.
27.8(a) The remaining balance in the second year
27.9of the appropriation in Laws 2007, chapter
27.1057, article 2, section 3, subdivision 6, for
27.11biogas recovery facilities, estimated to be
27.12$420,000, is canceled to the general fund.
27.13(b) The remaining balance of the
27.14appropriation in Laws 2007, chapter 57,
27.15article 2, section 3, subdivision 6, clause
27.16(7), as amended by Laws 2008, chapter 340,
27.17section 5, for the Greenhouse Gas Advisory
27.18Group, estimated to be $7,000, is canceled to
27.19the general fund.
27.20(c) In the first year, the remaining balance of
27.21the appropriation in Laws 2007, chapter 57,
27.22article 2, section 3, subdivision 6, clause (5),
27.23for the hydrogen roadmap project, estimated
27.24to be $280,000, is canceled to the general
27.25fund.
27.26(d) The remaining balance of the
27.27appropriation in Laws 2008, chapter 363,
27.28article 6, section 3, subdivision 4, for
27.29renewable grants, estimated to be $368,000,
27.30is canceled to the general fund.
27.31(e) The remaining balance of the
27.32appropriation in Laws 2008, chapter 363,
27.33article 6, section 3, subdivision 4, for the
28.1green economy projects, estimated to be
28.2$59,000, is canceled to the general fund.
28.3(f) The remaining balance of the
28.4appropriation in Laws 2007, chapter 57,
28.5article 2, section 3, subdivision 6, clause
28.6(4), for automotive technology projects,
28.7estimated to be $22,000, is canceled to the
28.8general fund.
28.9(g) The remaining balance of the
28.10appropriation in Laws 2009, chapter 37,
28.11article 2, section 13, paragraph (b), clauses
28.12(1) and (2), for renewable energy and energy
28.13efficiency projects, estimated to be $600,000,
28.14is canceled to the general fund.
28.15 Sec. 9. CANCELLATION.
28.16By August 30, 2011, the commissioner of management and budget shall cancel
28.17the remaining balance of the appropriation in Laws 2007, chapter 57, article 2, section
28.183, subdivision 6, for a grant to the St. Paul Port Authority, estimated to be $700,000,
28.19to the general fund.
28.20 Sec. 10. COMMUNITY ENERGY ACTIVITIES; ASSESSMENT AND GRANT.
28.21The commissioner of commerce shall grant $500,000 in the fiscal year ending June
28.2230, 2012, from assessments made under Minnesota Statutes, section 216B.241, subdivision
28.231e, for the purpose of community energy technical assistance and outreach on renewable
28.24energy and energy efficiency as described in Minnesota Statutes, section 216C.385.
28.25 Sec. 11. EFFECTIVE DATE; RELATIONSHIP TO OTHER APPROPRIATIONS.
28.26Unless otherwise specified, this article is effective retroactively from July 1, 2011,
28.27and supersedes and replaces funding authorized by order of the Second Judicial District
28.28Court in Case No. 62-CV-11-5203.
29.1The sums shown in the columns marked "Appropriations" are appropriated to the
29.2agencies and for the purposes specified in this article. The appropriations are from the
29.3environment and natural resources trust fund, or another named fund, and are available for
29.4the fiscal years indicated for each purpose. The figures "2012" and "2013" used in this
29.5article mean that the appropriations listed under them are available for the fiscal year
29.6ending June 30, 2012, or June 30, 2013, respectively. "The first year" is fiscal year 2012.
29.7"The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. The
29.8appropriations in this article are onetime.
29.23Appropriations are available for two
29.24years beginning July 1, 2011, unless
29.25otherwise stated in the appropriation. Any
29.26unencumbered balance remaining in the first
29.27year does not cancel and is available for the
29.28second year.
29.30(a) "Trust fund" means the Minnesota
29.31environment and natural resources trust fund
29.32referred to in Minnesota Statutes, section
29.33116P.02, subdivision 6.
29.34(b) "State land and water conservation
29.35account (LAWCON)" means the state land
29.36and water conservation account in the natural
30.1resources fund referred to in Minnesota
30.2Statutes, section 116P.14.
30.5(a) Minnesota County Biological Survey
30.6$1,125,000 the first year and $1,125,000
30.7the second year are from the trust fund
30.8to the commissioner of natural resources
30.9for continuation of the Minnesota county
30.10biological survey to provide a foundation
30.11for conserving biological diversity by
30.12systematically collecting, interpreting,
30.13and delivering data on plant and animal
30.14distribution and ecology, native plant
30.15communities, and functional landscapes.
30.16(b) County Geologic Atlases for
30.17Sustainable Water Management
30.18$900,000 the first year and $900,000 the
30.19second year are from the trust fund to
30.20accelerate the production of county geologic
30.21atlases to provide information essential to
30.22sustainable management of ground water
30.23resources by defining aquifer boundaries
30.24and the connection of aquifers to the land
30.25surface and surface water resources. Of
30.26this appropriation, $600,000 each year is
30.27to the Board of Regents of the University
30.28of Minnesota for the Geologic Survey and
30.29$300,000 each year is to the commissioner
30.30of natural resources. This appropriation
30.31is available until June 30, 2015, by which
30.32time the project must be completed and final
30.33products delivered.
30.34(c) Completion of Statewide Digital Soil
30.35Survey
31.1$250,000 the first year and $250,000 the
31.2second year are from the trust fund to
31.3the Board of Water and Soil Resources
31.4to accelerate the completion of county
31.5soil survey mapping and Web-based data
31.6delivery. The soil surveys must be done on a
31.7cost-share basis with local and federal funds.
31.8(d) Updating National Wetlands Inventory
31.9for Minnesota - Phase III
31.10$1,500,000 the second year is from the trust
31.11fund to the commissioner of natural resources
31.12to continue the update of wetland inventory
31.13maps for Minnesota. This appropriation
31.14is available until June 30, 2015, by which
31.15time the project must be completed and final
31.16products delivered.
31.17(e) Golden Eagle Survey
31.18$30,000 the first year and $30,000 the
31.19second year are from the trust fund to the
31.20commissioner of natural resources for an
31.21agreement with the National Eagle Center to
31.22increase the understanding of golden eagles
31.23in Minnesota through surveys and education.
31.24This appropriation is available until June
31.2530, 2014, by which time the project must be
31.26completed and final products delivered.
31.27(f) Determining Causes of Mortality in
31.28Moose Populations
31.29$300,000 the first year and $300,000 the
31.30second year are from the trust fund to
31.31the commissioner of natural resources to
31.32determine specific causes of moose mortality
31.33and population decline in Minnesota and
31.34to develop specific management actions to
31.35prevent further population decline. This
32.1appropriation is available until June 30,
32.22015, by which time the project must be
32.3completed and final products delivered.
32.4(g) Prairie Management for Wildlife and
32.5Bioenergy - Phase II
32.6$300,000 the first year and $300,000 the
32.7second year are from the trust fund to the
32.8Board of Regents of the University of
32.9Minnesota to research and evaluate methods
32.10of managing diverse working prairies for
32.11wildlife and renewable bioenergy production.
32.12This appropriation is available until June
32.1330, 2014, by which time the project must be
32.14completed and final products delivered.
32.15(h) Evaluation of Biomass Harvesting
32.16Impacts on Minnesota's Forests
32.17$175,000 the first year and $175,000 the
32.18second year are from the trust fund to the
32.19Board of Regents of the University of
32.20Minnesota to assess the impacts biomass
32.21harvests for energy have on soil nutrients,
32.22native forest vegetation, invasive species
32.23spread, and long-term tree productivity within
32.24Minnesota's forests. This appropriation is
32.25available until June 30, 2014, by which time
32.26the project must be completed and final
32.27products delivered.
32.28(i) Change and Resilience in Boreal Forests
32.29in Northern Minnesota
32.30$75,000 the first year and $75,000 the second
32.31year are from the trust fund to the Board
32.32of Regents of the University of Minnesota
32.33to assess the potential response of northern
32.34Minnesota's boreal forests to observed and
32.35predicted changes in climate conditions and
33.1develop related management guidelines and
33.2adaptation strategies. This appropriation
33.3is available until June 30, 2014, by which
33.4time the project must be completed and final
33.5products delivered.
33.6(j) Information System for Wildlife and
33.7Aquatic Management Areas
33.8$250,000 the first year and $250,000 the
33.9second year are from the trust fund to the
33.10commissioner of natural resources to develop
33.11an information system to facilitate improved
33.12management of wildlife and fish habitat and
33.13facilities. This appropriation is available
33.14until June 30, 2014, by which time the
33.15project must be completed and final products
33.16delivered.
33.17(k) Strengthening Natural Resource
33.18Management with LiDAR Training
33.19$90,000 the first year and $90,000 the second
33.20year are from the trust fund to the Board of
33.21Regents of the University of Minnesota to
33.22provide workshops and Web-based training
33.23and information on the use of LiDAR
33.24elevation data in planning for and managing
33.25natural resources.
33.26(l) Measuring Conservation Practice
33.27Outcomes
33.28$170,000 the first year and $170,000 the
33.29second year are from the trust fund to
33.30the Board of Water and Soil Resources
33.31to improve measurement of impacts of
33.32conservation practices through refinement
33.33of existing and development of new
33.34pollution estimators and by providing local
33.35government training.
34.1(m) Conservation-Based Approach for
34.2Assessing Public Drainage Benefits
34.3$75,000 the first year and $75,000 the second
34.4year are from the trust fund to the Board
34.5of Water and Soil Resources to develop an
34.6alternative framework to assess drainage
34.7benefits on public systems to enhance water
34.8conservation. This appropriation is available
34.9until June 30, 2014, by which time the
34.10project must be completed and final products
34.11delivered.
34.12(n) Mississippi River Central Minnesota
34.13Conservation Planning
34.14$87,000 the first year and $88,000 the
34.15second year are from the trust fund to the
34.16commissioner of natural resources for an
34.17agreement with Stearns County Soil and
34.18Water Conservation District to develop
34.19and adopt river protection strategies in
34.20cooperation with local jurisdictions in
34.21the communities of the 26 miles of the
34.22Mississippi River between Benton and
34.23Stearns Counties. This appropriation must
34.24be matched by $175,000 of nonstate cash or
34.25qualifying in-kind funds.
34.26(o) St. Croix Basin Conservation Planning
34.27and Protection
34.28$60,000 the first year and $60,000 the
34.29second year are from the trust fund to
34.30the commissioner of natural resources for
34.31an agreement with the St. Croix River
34.32Association to develop an interagency plan
34.33to identify and prioritize critical areas for
34.34project implementation to improve watershed
34.35health. This appropriation must be matched
35.1by $120,000 of nonstate cash or qualifying
35.2in-kind funds. Up to $10,000 may be retained
35.3by the Department of Natural Resources at
35.4the request of the St. Croix River Association
35.5to provide technical and mapping assistance.
35.6This appropriation is available until June
35.730, 2014, by which time the project must be
35.8completed and final products delivered.
35.9(p) Species of Concern; Investigations
35.10$500,000 the first year is from the trust fund
35.11to the commissioner of natural resources for
35.12investigating species of concern.
35.21(a) State Park and Recreation Area
35.22Operations and Improvements
35.23$1,877,000 the first year and $1,750,000
35.24the second year are from the trust fund to
35.25the commissioner of natural resources for
35.26state park and recreation area operations
35.27and improvements, including activities
35.28directly related to and necessary for this
35.29appropriation. This appropriation is not
35.30subject to Minnesota Statutes, sections
35.31116P.05, subdivision 2, paragraph (b), and
35.32116P.09, subdivision 4.
35.33(b) State Parks and Trails Land
35.34Acquisition
35.35$1,500,000 the first year and $1,500,000 the
35.36second year are from the trust fund to the
36.1commissioner of natural resources to acquire
36.2state trails and critical parcels within the
36.3statutory boundaries of state parks. State
36.4park land acquired with this appropriation
36.5must be sufficiently improved to meet at
36.6least minimum management standards, as
36.7determined by the commissioner of natural
36.8resources. A list of proposed acquisitions
36.9must be provided as part of the required work
36.10program. This appropriation is available
36.11until June 30, 2014, by which time the
36.12project must be completed and final products
36.13delivered.
36.14(c) Metropolitan Regional Park System
36.15Acquisition
36.16$1,125,000 the first year and $1,125,000
36.17the second year are from the trust fund to
36.18the Metropolitan Council for grants for the
36.19acquisition of lands within the approved park
36.20unit boundaries of the metropolitan regional
36.21park system. This appropriation may not
36.22be used for the purchase of residential
36.23structures. A list of proposed fee title and
36.24easement acquisitions must be provided as
36.25part of the required work program. This
36.26appropriation must be matched by at least
36.2740 percent of nonstate money and must be
36.28committed by December 31, 2011, or the
36.29appropriation cancels. This appropriation
36.30is available until June 30, 2014, at which
36.31time the project must be completed and final
36.32products delivered, unless an earlier date is
36.33specified in the work program.
36.34(d) Regional Park, Trail, and Connection
36.35Acquisition and Development Grants
37.1$1,000,000 the first year and $1,000,000 the
37.2second year are from the trust fund to the
37.3commissioner of natural resources to provide
37.4matching grants to local units of government
37.5for acquisition and development of regional
37.6parks, regional trails, and trail connections.
37.7The local match required for a grant to
37.8acquire a regional park or regional outdoor
37.9recreation area is two dollars of nonstate
37.10money for each three dollars of state money.
37.11This appropriation is available until June
37.1230, 2014, by which time the project must be
37.13completed and final products delivered.
37.14(e) Scientific and Natural Area Acquisition
37.15and Restoration
37.16$820,000 the first year and $820,000 the
37.17second year are from the trust fund to
37.18the commissioner of natural resources
37.19to acquire lands with high-quality native
37.20plant communities and rare features to be
37.21established as scientific and natural areas
37.22as provided in Minnesota Statutes, section
37.2386A.05, subdivision 5, restore parts of
37.24scientific and natural areas, and provide
37.25technical assistance and outreach. A list
37.26of proposed acquisitions must be provided
37.27as part of the required work program.
37.28Land acquired with this appropriation
37.29must be sufficiently improved to meet at
37.30least minimum management standards, as
37.31determined by the commissioner of natural
37.32resources. This appropriation is available
37.33until June 30, 2014, by which time the
37.34project must be completed and final products
37.35delivered.
38.1(f) LaSalle Lake State Recreation Area
38.2Acquisition
38.3$1,000,000 the first year and $1,000,000
38.4the second year are from the trust fund to
38.5the commissioner of natural resources for
38.6an agreement with The Trust for Public
38.7Land to acquire approximately 190 acres
38.8to be designated as a state recreation area
38.9as provided in Minnesota Statutes, section
38.1086A.05, subdivision 3, on LaSalle Lake
38.11adjacent to the upper Mississippi River. If
38.12this acquisition is not completed by July
38.1315, 2012, then the appropriation is available
38.14to the Department of Natural Resources
38.15for other state park and recreation area
38.16acquisitions on the priority list. Up to
38.17$10,000 may be retained by the Department
38.18of Natural Resources at the request of
38.19The Trust for Public Land for transaction
38.20costs, associated professional services, and
38.21restoration needs.
38.22(g) Minnesota River Valley Green
38.23Corridor Scientific and Natural Area
38.24Acquisition
38.25$1,000,000 the first year and $1,000,000
38.26the second year are from the trust fund
38.27to the commissioner of natural resources
38.28for an agreement with the Redwood Area
38.29Communities Foundation to acquire lands
38.30with high-quality native plant communities
38.31and rare features to be established as scientific
38.32and natural areas as provided in Minnesota
38.33Statutes, section 86A.05, subdivision 5. A list
38.34of proposed acquisitions must be provided
38.35as part of the required work program.
39.1Land acquired with this appropriation
39.2must be sufficiently improved to meet at
39.3least minimum management standards, as
39.4determined by the commissioner of natural
39.5resources. Up to $54,000 may be retained by
39.6the Department of Natural Resources at the
39.7request of the Redwood Area Communities
39.8Foundation for transaction costs, associated
39.9professional services, and restoration needs.
39.10This appropriation is available until June
39.1130, 2014, by which time the project must be
39.12completed and final products delivered.
39.13(h) Native Prairie Stewardship and Native
39.14Prairie Bank Acquisition
39.15$500,000 the first year and $500,000 the
39.16second year are from the trust fund to the
39.17commissioner of natural resources to acquire
39.18native prairie bank easements, prepare
39.19baseline property assessments, restore and
39.20enhance native prairie sites, and provide
39.21technical assistance to landowners. This
39.22appropriation is available until June 30,
39.232014, by which time the project must be
39.24completed and final products delivered.
39.25(i) Metropolitan Conservation Corridors
39.26(MeCC) - Phase VI
39.27$1,737,000 the first year and $1,738,000
39.28the second year are from the trust fund
39.29to the commissioner of natural resources
39.30for the acceleration of agency programs
39.31and cooperative agreements. Of this
39.32appropriation, $150,000 the first year
39.33and $150,000 the second year are to the
39.34commissioner of natural resources for
39.35agency programs and $3,175,000 is for the
40.1agreements as follows: $100,000 the first
40.2year and $100,000 the second year with
40.3Friends of the Mississippi River; $517,000
40.4the first year and $518,000 the second year
40.5with Dakota County; $200,000 the first year
40.6and $200,000 the second year with Great
40.7River Greening; $220,000 the first year and
40.8$220,000 the second year with Minnesota
40.9Land Trust; $300,000 the first year and
40.10$300,000 the second year with Minnesota
40.11Valley National Wildlife Refuge Trust, Inc.;
40.12and $250,000 the first year and $250,000
40.13the second year with The Trust for Public
40.14Land for planning, restoring, and protecting
40.15priority natural areas in the metropolitan area,
40.16as defined under Minnesota Statutes, section
40.17473.121, subdivision 2, and portions of the
40.18surrounding counties, through contracted
40.19services, technical assistance, conservation
40.20easements, and fee title acquisition. Land
40.21acquired with this appropriation must
40.22be sufficiently improved to meet at least
40.23minimum management standards, as
40.24determined by the commissioner of natural
40.25resources. Expenditures are limited to the
40.26identified project corridor areas as defined
40.27in the work program. This appropriation
40.28may not be used for the purchase of
40.29habitable residential structures, unless
40.30expressly approved in the work program. All
40.31conservation easements must be perpetual
40.32and have a natural resource management
40.33plan. Any land acquired in fee title by the
40.34commissioner of natural resources with
40.35money from this appropriation must be
40.36designated as an outdoor recreation unit
41.1under Minnesota Statutes, section 86A.07.
41.2The commissioner may similarly designate
41.3any lands acquired in less than fee title. A
41.4list of proposed restorations and fee title
41.5and easement acquisitions must be provided
41.6as part of the required work program. An
41.7entity that acquires a conservation easement
41.8with appropriations from the trust fund
41.9must have a long-term stewardship plan
41.10for the easement and a fund established for
41.11monitoring and enforcing the agreement.
41.12Money appropriated from the trust fund for
41.13easement acquisition may be used to establish
41.14a monitoring, management, and enforcement
41.15fund as approved in the work program. An
41.16annual financial report is required for any
41.17monitoring, management, and enforcement
41.18fund established, including expenditures
41.19from the fund. This appropriation is available
41.20until June 30, 2014, by which time the
41.21project must be completed and final products
41.22delivered.
41.23(j) Habitat Conservation Partnership
41.24(HCP) - Phase VII
41.25$1,737,000 the first year and $1,738,000
41.26the second year are from the trust fund
41.27to the commissioner of natural resources
41.28for the acceleration of agency programs
41.29and cooperative agreements. Of this
41.30appropriation, $125,000 the first year
41.31and $125,000 the second year are to the
41.32commissioner of natural resources for
41.33agency programs and $3,225,000 is for
41.34agreements as follows: $637,000 the first
41.35year and $638,000 the second year with
41.36Ducks Unlimited, Inc.; $38,000 the first year
42.1and $37,000 the second year with Friends
42.2of Detroit Lakes Wetland Management
42.3District; $25,000 the first year and $25,000
42.4the second year with Leech Lake Band of
42.5Ojibwe; $225,000 the first year and $225,000
42.6the second year with Minnesota Land Trust;
42.7$200,000 the first year and $200,000 the
42.8second year with Minnesota Valley National
42.9Wildlife Refuge Trust, Inc.; $242,000 the
42.10first year and $243,000 the second year
42.11with Pheasants Forever, Inc.; and $245,000
42.12the first year and $245,000 the second year
42.13with The Trust for Public Land to plan,
42.14restore, and acquire fragmented landscape
42.15corridors that connect areas of quality habitat
42.16to sustain fish, wildlife, and plants. The
42.17United States Department of Agriculture,
42.18Natural Resources Conservation Service,
42.19is an authorized cooperating partner in the
42.20appropriation. Expenditures are limited to
42.21the project corridor areas as defined in the
42.22work program. Land acquired with this
42.23appropriation must be sufficiently improved
42.24to meet at least minimum habitat and facility
42.25management standards, as determined by
42.26the commissioner of natural resources.
42.27This appropriation may not be used for the
42.28purchase of habitable residential structures,
42.29unless expressly approved in the work
42.30program. All conservation easements must
42.31be perpetual and have a natural resource
42.32management plan. Any land acquired in fee
42.33title by the commissioner of natural resources
42.34with money from this appropriation must
42.35be designated as an outdoor recreation unit
42.36under Minnesota Statutes, section 86A.07.
43.1The commissioner may similarly designate
43.2any lands acquired in less than fee title. A
43.3list of proposed restorations and fee title
43.4and easement acquisitions must be provided
43.5as part of the required work program. An
43.6entity who acquires a conservation easement
43.7with appropriations from the trust fund
43.8must have a long-term stewardship plan
43.9for the easement and a fund established for
43.10monitoring and enforcing the agreement.
43.11Money appropriated from the trust fund for
43.12easement acquisition may be used to establish
43.13a monitoring, management, and enforcement
43.14fund as approved in the work program. An
43.15annual financial report is required for any
43.16monitoring, management, and enforcement
43.17fund established, including expenditures
43.18from the fund. This appropriation is available
43.19until June 30, 2014, by which time the
43.20project must be completed and final products
43.21delivered.
43.22(k) Natural and Scenic Area Acquisition
43.23Grants
43.24$500,000 the first year and $500,000 the
43.25second year are from the trust fund to the
43.26commissioner of natural resources to provide
43.27matching grants to local governments for
43.28acquisition of natural and scenic areas, as
43.29provided in Minnesota Statutes, section
43.3085.019, subdivision 4a. This appropriation
43.31is available until June 30, 2014, by which
43.32time the project must be completed and final
43.33products delivered.
43.34(l) Acceleration of Minnesota Conservation
43.35Assistance
44.1$313,000 the first year and $312,000 the
44.2second year are from the trust fund to the
44.3Board of Water and Soil Resources to provide
44.4grants to soil and water conservation districts
44.5to provide technical assistance to secure
44.6enrollment and retention of private lands in
44.7federal and state programs for conservation.
44.8(m) Conservation Easement Stewardship
44.9and Enforcement Program - Phase II
44.10$250,000 the first year and $250,000 the
44.11second year are from the trust fund to
44.12the commissioner of natural resources to
44.13accelerate the implementation of the Phase
44.14I Conservation Easement Stewardship Plan
44.15being developed with an appropriation
44.16from Laws 2008, chapter 367, section 2,
44.17subdivision 5, paragraph (h).
44.18(n) Recovery of At-Risk Native Prairie
44.19Species
44.20$73,000 the first year and $74,000 the second
44.21year are from the trust fund to the Board of
44.22Water and Soil Resources for an agreement
44.23with the Martin County Soil and Water
44.24Conservation District to collect, propagate,
44.25and plant declining, at-risk native species
44.26on protected habitat and to enhance private
44.27market sources for local ecotype native seed.
44.28This appropriation is available until June
44.2930, 2014, by which time the project must be
44.30completed and final products delivered.
44.31(o) Understanding Threats, Genetic
44.32Diversity, and Conservation Options for
44.33Wild Rice
44.34$97,000 the first year and $98,000 the second
44.35year are from the trust fund to the Board
45.1of Regents of the University of Minnesota
45.2to research the genetic diversity of wild
45.3rice population throughout Minnesota for
45.4use in related conservation and restoration
45.5efforts. This appropriation is contingent upon
45.6demonstration of review and cooperation
45.7with the Native American tribal nations
45.8in Minnesota. Equipment purchased with
45.9this appropriation must be available for
45.10future publicly funded projects at no charge
45.11except for typical operating expenses. This
45.12appropriation is available until June 30,
45.132014, by which time the project must be
45.14completed and final products delivered.
45.15(p) Southeast Minnesota Stream
45.16Restoration
45.17$125,000 the first year and $125,000 the
45.18second year are from the trust fund to the
45.19commissioner of natural resources for an
45.20agreement with Trout Unlimited to restore at
45.21least four miles of riparian corridor for trout
45.22and nongame species in southeast Minnesota
45.23and increase local capacities to implement
45.24stream restoration through training and
45.25technical assistance. This appropriation is
45.26available until June 30, 2014, by which time
45.27the project must be completed and final
45.28products delivered.
45.29(q) Restoration Strategies for Ditched
45.30Peatland Scientific and Natural Areas
45.31$100,000 the first year and $100,000 the
45.32second year are from the trust fund to the
45.33commissioner of natural resources to evaluate
45.34the hydrology and habitat of the Winter Road
45.35Lake peatland watershed protection area to
46.1determine the effects of ditch abandonment
46.2and examine the potential for restoration
46.3of patterned peatlands. This appropriation
46.4is available until June 30, 2014, by which
46.5time the project must be completed and final
46.6products delivered.
46.7(r) Northeast Minnesota White Cedar
46.8Plant Community Restoration
46.9$125,000 for the first year and $125,000
46.10the second year are from the trust fund to
46.11the Board of Water and Soil Resources to
46.12assess the decline of northern white cedar
46.13plant communities in northeast Minnesota,
46.14prioritize cedar sites for restoration, and
46.15provide cedar restoration training to local
46.16units of government.
46.17(s) Land and Water Conservation Account
46.18(LAWCON) Federal Reimbursement
46.19$750,000 is from the state land and water
46.20conservation account (LAWCON) in the
46.21natural resources fund to the commissioner of
46.22natural resources for priorities established by
46.23the commissioner for eligible state projects
46.24and administrative and planning activities
46.25consistent with Minnesota Statutes, section
46.26116P.14, and the federal Land and Water
46.27Conservation Fund Act. This appropriation
46.28is available until June 30, 2014, by which
46.29time the project must be completed and final
46.30products delivered.
46.32(a) Itasca County Sensitive Lakeshore
46.33Identification
47.1$80,000 the first year and $80,000 the
47.2second year are from the trust fund to the
47.3commissioner of natural resources for an
47.4agreement with Itasca County Soil and Water
47.5Conservation District to identify sensitive
47.6lakeshore and restorable shoreline in Itasca
47.7County. Up to $130,000 may be retained by
47.8the Department of Natural Resources at the
47.9request of Itasca County to provide technical
47.10assistance.
47.11(b) Trout Stream Springshed Mapping in
47.12Southeast Minnesota - Phase III
47.13$250,000 the first year and $250,000 the
47.14second year are from the trust fund to
47.15continue to identify and delineate water
47.16supply areas and springsheds for springs
47.17serving as cold water sources for trout
47.18streams and to assess the impacts from
47.19development and water appropriations. Of
47.20this appropriation, $140,000 each year is to
47.21the Board of Regents of the University of
47.22Minnesota and $110,000 each year is to the
47.23commissioner of natural resources.
47.24(c) Mississippi River Water Quality
47.25Assessment
47.26$278,000 the first year and $279,000 the
47.27second year are from the trust fund to the
47.28Board of Regents of the University of
47.29Minnesota to assess water quality in the
47.30Mississippi River using DNA sequencing
47.31approaches and chemical analyses. The
47.32assessments shall be incorporated into
47.33a Web-based educational tool for use
47.34in classrooms and public exhibits. This
47.35appropriation is available until June 30,
48.12014, by which time the project must be
48.2completed and final products delivered.
48.3(d) Zumbro River Watershed Restoration
48.4Prioritization
48.5$75,000 the first year and $75,000 the
48.6second year are from the trust fund to the
48.7commissioner of natural resources for an
48.8agreement with the Zumbro Watershed
48.9Partnership, Inc. to identify sources of
48.10erosion and runoff in the Zumbro River
48.11Watershed in order to prioritize restoration
48.12and protection projects.
48.13(e) Assessment of Minnesota River
48.14Antibiotic Concentrations
48.15$95,000 the first year and $95,000 the
48.16second year are from the trust fund to the
48.17commissioner of natural resources for an
48.18agreement with Saint Thomas University
48.19in cooperation with Gustavus Adolphus
48.20College and the University of Minnesota
48.21to measure antibiotic concentrations and
48.22antibiotic resistance levels at sites on the
48.23Minnesota River.
48.26(a) Improved Detection of Harmful
48.27Microbes in Ballast Water
48.28$125,000 the first year and $125,000 the
48.29second year are from the trust fund to the
48.30Board of Regents of the University of
48.31Minnesota for the University of Minnesota
48.32Duluth to identify and analyze potentially
48.33harmful bacteria transported into Lake
48.34Superior through ship ballast water
48.35discharge. This appropriation is available
49.1until June 30, 2014, by which time the
49.2project must be completed and final products
49.3delivered.
49.4(b) Emerald Ash Borer Biocontrol
49.5Research and Implementation
49.6$250,000 the first year and $250,000 the
49.7second year are from the trust fund to the
49.8commissioner of agriculture to assess a
49.9biocontrol method for suppressing emerald
49.10ash borers by testing bioagent winter survival
49.11potential, developing release and monitoring
49.12methods, and piloting implementation
49.13of emerald ash borer biocontrol. This
49.14appropriation is available until June 30,
49.152014, by which time the project must be
49.16completed and final products delivered.
49.17(c) Evaluation of Switchgrass as Biofuel
49.18Crop
49.19$60,000 the first year and $60,000 the second
49.20year are from the trust fund to the Minnesota
49.21State Colleges and Universities System for
49.22Central Lakes College in cooperation with
49.23the University of Minnesota to determine
49.24the invasion risk of selectively bred
49.25native grasses for biofuel production and
49.26develop strategies to minimize the invasion
49.27potential and impacts on biodiversity. This
49.28appropriation is available until June 30,
49.292014, by which time the project must be
49.30completed and final products delivered.
49.32Supporting Community-Driven
49.33Sustainable Bioenergy Projects
50.1$75,000 the first year and $75,000 the
50.2second year are from the trust fund to
50.3the commissioner of natural resources
50.4for an agreement with Dovetail Partners,
50.5Inc., in cooperation with the University of
50.6Minnesota to assess feasibility, impacts,
50.7and management needs of community-scale
50.8forest bioenergy systems through pilot
50.9studies in Ely and Cook County and to
50.10disseminate findings to inform related efforts
50.11in other communities.
50.13(a) Youth-Led Renewable Energy and
50.14Energy Conservation in West Central and
50.15Southwest Minnesota
50.16$123,000 the first year and $123,000 the
50.17second year are from the trust fund to
50.18the commissioner of natural resources
50.19for an agreement with Prairie Woods
50.20Environmental Learning Center to initiate
50.21youth-led renewable energy and conservation
50.22projects in over thirty communities in west
50.23central and southwest Minnesota.
50.24(b) Minnesota Junior Master Naturalist
50.25Program
50.26$365,000 the first year is from the trust fund
50.27to the Board of Regents of the University
50.28of Minnesota to expand the junior naturalist
50.29after-school programs. This appropriation
50.30is available until June 30, 2014, by which
50.31time the project must be completed and final
50.32products delivered.
50.33(c) Experiential Environmental Education
50.34for Urban Youth
51.1$200,000 the first year is from the trust fund
51.2to the commissioner of natural resources
51.3for an agreement with Hennepin County
51.4in cooperation with community partners
51.5to initiate new environmental education
51.6programs targeting inner-city youth that
51.7provide hands-on, experiential outdoor
51.8learning opportunities. This appropriation
51.9is available until June 30, 2014, by which
51.10time the project must be completed and final
51.11products delivered.
51.13(a) Minnesota Conservation Apprentice
51.14Academy
51.15$100,000 the first year and $100,000 the
51.16second year are from the trust fund to
51.17the Board of Water and Soil Resources
51.18in cooperation with Conservation Corps
51.19Minnesota to train and mentor future
51.20conservation professionals by providing
51.21apprenticeship service opportunities to
51.22soil and water conservation districts. This
51.23appropriation is available until June 30,
51.242014, by which time the project must be
51.25completed and the final products delivered.
51.26(b) Chronic Wasting Disease and Animal
51.27Health
51.28$600,000 the first year and $600,000 the
51.29second year are from the trust fund to the
51.30commissioner of natural resources to address
51.31chronic wasting disease and accelerate
51.32wildlife health programs, including activities
51.33directly related to and necessary for this
51.34appropriation.
51.35(c) Aquatic Invasive Species
52.1$2,177,000 the first year and $3,513,000
52.2the second year are from the trust fund
52.3to the commissioner of natural resources
52.4to accelerate aquatic invasive species
52.5programs, including the development
52.6and implementation of best management
52.7practices for public water access facilities
52.8to implement aquatic invasive species
52.9prevention strategies, including activities
52.10directly related to and necessary for this
52.11appropriation. $50,000 is for a grant
52.12to develop and produce a documentary
52.13identifying the challenges presented by
52.14aquatic invasive species. The documentary
52.15shall be available to the Department of
52.16Natural Resources to distribute to watercraft
52.17license purchasers and the general public
52.18through online and other media.
52.19(d) Reinvest in Minnesota Wetlands
52.20Reserve Acquisition and Restoration
52.21Program Partnership
52.22$1,645,000 the first year is to the Board
52.23of Water and Soil Resources to acquire
52.24permanent conservation easements and
52.25restore wetlands and associated upland
52.26habitat in cooperation with the United States
52.27Department of Agriculture Wetlands Reserve
52.28Program. A list of proposed land acquisitions
52.29must be provided as part of the required work
52.30program.
52.31(e) Limitation
52.32Appropriations in paragraphs (b) and (c) are
52.33not subject to Minnesota Statutes, sections
52.34116P.05, subdivision 2, paragraph (b), and
52.35116P.09, subdivision 4.
53.3(a) Legislative-Citizen Commission on
53.4Minnesota Resources (LCCMR)
53.5$473,000 the first year and $473,000 the
53.6second year are from the trust fund to the
53.7LCCMR for administration as provided
53.8in Minnesota Statutes, section 116P.09,
53.9subdivision 5.
53.10(b) Contract Management
53.11$88,000 the first year and $87,000 the
53.12second year are from the trust fund to
53.13the commissioner of natural resources
53.14for expenses incurred for contract fiscal
53.15services for the agreements specified in this
53.16section. The commissioner shall provide
53.17documentation to the Legislative-Citizen
53.18Commission on Minnesota Resources
53.19on the expenditure of these funds. This
53.20appropriation is available until June 30, 2014.
53.21(c) LCC Web Site
53.22$3,000 in the first year is appropriated to the
53.23Legislative Coordinating Commission for
53.24the Web site required in Minnesota Statutes,
53.25section 3.303, subdivision 10.
53.27Money appropriated in this section may
53.28not be spent on activities unless they are
53.29directly related to the specific appropriation
53.30and are specified in the approved work
53.31program. Money appropriated in this section
53.32must not be spent on indirect costs or other
53.33institutional overhead charges. Unless
53.34otherwise provided, the amounts in this
54.1section are available until June 30, 2014,
54.2when projects must be completed and final
54.3products delivered. For acquisition of real
54.4property, the amounts in this section are
54.5available until June 30, 2014, if a binding
54.6contract is entered into by June 30, 2013,
54.7and closed not later than June 30, 2014. If
54.8a project receives a federal grant, the time
54.9period of the appropriation is extended to
54.10equal the federal grant period.
54.12Data collected by the projects funded under
54.13this section must conform to guidelines and
54.14standards adopted by the Office of Enterprise
54.15Technology. Spatial data also must conform
54.16to additional guidelines and standards
54.17designed to support data coordination and
54.18distribution that have been published by the
54.19Minnesota Geospatial Information Office.
54.20Descriptions of spatial data must be prepared
54.21as specified in the state's geographic metadata
54.22guideline and must be submitted to the
54.23Minnesota Geospatial Information Office.
54.24All data must be accessible and free to the
54.25public unless made private under the Data
54.26Practices Act, Minnesota Statutes, chapter
54.2713.
54.28To the extent practicable, summary data and
54.29results of projects funded under this section
54.30should be readily accessible on the Internet
54.31and identified as an environment and natural
54.32resources trust fund project.
54.34(a) As a condition of accepting an
54.35appropriation under this section, any agency
55.1or entity receiving an appropriation or a
55.2party to an agreement from an appropriation
55.3must comply with paragraphs (b) to (k) and
55.4Minnesota Statutes, chapter 116P, and must
55.5submit a work program and semiannual
55.6progress reports in the form determined
55.7by the Legislative-Citizen Commission on
55.8Minnesota Resources for any project funded
55.9in whole or in part with funds from the
55.10appropriation.
55.11(b) For all restorations conducted with money
55.12appropriated under this section, a recipient
55.13must prepare an ecological restoration
55.14and management plan that, to the degree
55.15practicable, is consistent with the highest
55.16quality conservation and ecological goals for
55.17the restoration site. Consideration should
55.18be given to soil, geology, topography, and
55.19other relevant factors that would provide
55.20the best chance for long-term success of the
55.21restoration projects. The plan must include
55.22the proposed timetable for implementing
55.23the restoration, including site preparation,
55.24establishment of diverse plant species,
55.25maintenance, and additional enhancement to
55.26establish the restoration; identify long-term
55.27maintenance and management needs of
55.28the restoration and how the maintenance,
55.29management, and enhancement will be
55.30financed; and take advantage of the best
55.31available science and include innovative
55.32techniques to achieve the best restoration.
55.33(c) Any entity receiving an appropriation in
55.34this section for restoration activities must
55.35provide an initial restoration evaluation
55.36at the completion of the appropriation
56.1and an evaluation three years beyond the
56.2completion of the expenditure. Restorations
56.3must be evaluated relative to the stated
56.4goals and standards in the restoration plan,
56.5current science, and, when applicable, the
56.6Board of Water and Soil Resources' native
56.7vegetation establishment and enhancement
56.8guidelines. The evaluation shall determine
56.9whether the restorations are meeting planned
56.10goals, identify any problems with the
56.11implementation of the restorations, and,
56.12if necessary, give recommendations on
56.13improving restorations. The evaluation shall
56.14be focused on improving future restorations.
56.15(d) Except as otherwise provided in this
56.16section, all restoration and enhancement
56.17projects funded with money appropriated in
56.18this section must be on land permanently
56.19protected by a conservation easement or
56.20public ownership or in public waters as
56.21defined in Minnesota Statutes, section
56.22103G.005, subdivision 15.
56.23(e) A recipient of money from an
56.24appropriation under this section must
56.25give consideration to contracting with
56.26Conservation Corps Minnesota or its
56.27successor for contract restoration and
56.28enhancement services.
56.29(f) All conservation easements acquired with
56.30money appropriated under this section must:
56.31(1) be perpetual;
56.32(2) specify the parties to an easement in the
56.33easement;
56.34(3) specify all of the provisions of an
56.35agreement that are perpetual;
57.1(4) be sent to the Office of the
57.2Legislative-Citizen Commission on
57.3Minnesota Resources in an electronic format;
57.4(5) include a long-term monitoring and
57.5enforcement plan and funding for monitoring
57.6and enforcing the easement agreement; and
57.7(6) include requirements in the easement
57.8document to address specific water quality
57.9protection activities such as keeping water
57.10on the landscape, reducing nutrient and
57.11contaminant loading, protecting groundwater,
57.12and not permitting artificial hydrological
57.13modifications.
57.14(g) For any acquisition of land or interest in
57.15land, a recipient of money appropriated under
57.16this section must give priority to high quality
57.17natural resources or conservation lands that
57.18provide natural buffers to water resources.
57.19(h) For new lands acquired with money
57.20appropriated under this section, a recipient
57.21must prepare a restoration and management
57.22plan in compliance with paragraph
57.23(b), including sufficient funding for
57.24implementation unless the work program
57.25addresses why a portion of the money is
57.26not necessary to achieve a high quality
57.27restoration.
57.28(i) To the extent an appropriation is used to
57.29acquire an interest in real property, a recipient
57.30of an appropriation under this section must
57.31provide to the Legislative-Citizen
57.32Commission on Minnesota Resources and
57.33the commissioner of management and budget
57.34an analysis of increased operations and
57.35maintenance costs likely to be incurred by
58.1public entities as a result of the acquisition
58.2and how these costs are to be paid.
58.3(j) To ensure public accountability for the
58.4use of public funds, a recipient of money
58.5appropriated under this section must provide
58.6to the Legislative-Citizen Commission on
58.7Minnesota Resources documentation of the
58.8selection process used to identify parcels
58.9acquired and provide documentation of all
58.10related transaction costs, including but not
58.11limited to appraisals, legal fees, recording
58.12fees, commissions, other similar costs,
58.13and donations. This information must be
58.14provided for all parties involved in the
58.15transaction. The recipient must also report
58.16to the Legislative-Citizen Commission on
58.17Minnesota Resources any difference between
58.18the acquisition amount paid to the seller
58.19and the state-certified or state-reviewed
58.20appraisal, if a state-certified or state-reviewed
58.21appraisal was conducted. Acquisition data
58.22such as appraisals may remain private
58.23during negotiations but must ultimately
58.24be made public according to Minnesota
58.25Statutes, chapter 13. The Legislative-Citizen
58.26Commission on Minnesota Resources shall
58.27review the requirement in this paragraph
58.28and provide a recommendation on whether
58.29to continue or modify the requirement in
58.30future years. The commission may waive
58.31the application of this paragraph for specific
58.32projects.
58.33(k) A recipient of an appropriation from
58.34the trust fund under this section must
58.35acknowledge financial support from the
58.36Minnesota environment and natural resources
59.1trust fund in project publications, signage,
59.2and other public communications and
59.3outreach related to work completed using the
59.4appropriation. Acknowledgment may occur,
59.5as appropriate, through use of the trust fund
59.6logo or inclusion of language attributing
59.7support from the trust fund.
59.10All agreements, grants, or contracts referred
59.11to in this section must be administered on
59.12a reimbursement basis unless otherwise
59.13provided in this section. Notwithstanding
59.14Minnesota Statutes, section 16A.41,
59.15expenditures made on or after July 1,
59.162011, or the date the work program is
59.17approved, whichever is later, are eligible for
59.18reimbursement unless otherwise provided
59.19in this section. Periodic payment must
59.20be made upon receiving documentation
59.21that the deliverable items articulated in
59.22the approved work program have been
59.23achieved, including partial achievements
59.24as evidenced by approved progress reports.
59.25Reasonable amounts may be advanced to
59.26projects to accommodate cash flow needs or
59.27match federal money. The advances must
59.28be approved as part of the work program.
59.29No expenditures for capital equipment are
59.30allowed unless expressly authorized in the
59.31project work program.
59.34A political subdivision, public or private
59.35corporation, or other entity that receives an
59.36appropriation under this section must use the
60.1appropriation in compliance with Minnesota
60.2Statutes, section 16B.121, regarding
60.3purchase of recycled, repairable, and durable
60.4materials; and Minnesota Statutes, section
60.516B.122, regarding purchase and use of
60.6paper stock and printing.
60.9A recipient to whom an appropriation is made
60.10under this section for a capital improvement
60.11project must ensure that the project complies
60.12with the applicable energy conservation and
60.13sustainable building guidelines and standards
60.14contained in law, including Minnesota
60.15Statutes, sections 16B.325, 216C.19, and
60.16216C.20, and rules adopted under those
60.17sections. The recipient may use the energy
60.18planning, advocacy, and State Energy Office
60.19units of the Department of Commerce to
60.20obtain information and technical assistance
60.21on energy conservation and alternative
60.22energy development relating to the planning
60.23and construction of the capital improvement
60.24project.
60.26Structural and nonstructural facilities must
60.27meet the design standards in the Americans
60.28with Disabilities Act (ADA) accessibility
60.29guidelines.
60.31(a) The availability of the appropriation for
60.32the following projects is extended to June
60.3330, 2012:
61.1(1) Laws 2008, chapter 367, section 2,
61.2subdivision 3, paragraph (g), State Land
61.3Acquisition Consolidation;
61.4(2) Laws 2008, chapter 367, section
61.52, subdivision 4, paragraph (f), Native
61.6Shoreland Buffer Incentives Program;
61.7(3) Laws 2008, chapter 367, section 2,
61.8subdivision 4, paragraph (g), Southeast
61.9Minnesota Stream Restoration Projects;
61.10(4) Laws 2009, chapter 143, section 2,
61.11subdivision 4, paragraph (a), State Park
61.12Acquisition;
61.13(5) Laws 2009, chapter 143, section 2,
61.14subdivision 4, paragraph (b), State Trail
61.15Acquisition;
61.16(6) Laws 2009, chapter 143, section 2,
61.17subdivision 6, paragraph (c), Improving
61.18Emerging Fish Disease Surveillance in
61.19Minnesota;
61.20(7) Laws 2009, chapter 143, section 2,
61.21subdivision 8, paragraph (a), Contract
61.22Management; and
61.23(8) Laws 2009, chapter 143, section
61.242, subdivision 8, paragraph (b),
61.25Legislative-Citizen Commission on
61.26Minnesota Resources (LCCMR) for purposes
61.27provided under Minnesota Statutes, section
61.2816A.281.
61.29(b) The availability of the appropriation for
61.30the following project is extended to June 30,
61.312013:
61.32(1) Laws 2010, chapter 362, section 2,
61.33subdivision 8, paragraph (f), Expanding
62.1Outdoor Classrooms at Minnesota Schools;
62.2and
62.3(2) Laws 2010, chapter 362, section 2,
62.4subdivision 8, paragraph (g), Integrating
62.5Environmental and Outdoor Education in
62.6Grades 7-12.
62.9Money appropriated under this section and
62.10adjustments made under subdivision 20 for
62.11easement monitoring and enforcement may
62.12be spent only on activities included in an
62.13easement monitoring and enforcement plan
62.14contained within the work program. Money
62.15received for monitoring and enforcement,
62.16including earnings on the money received,
62.17shall be kept in a monitoring and enforcement
62.18fund held by the organization and dedicated
62.19to monitoring and enforcing conservation
62.20easements within Minnesota. Within 120
62.21days after the close of the entity's fiscal
62.22year, an entity receiving appropriations
62.23for easement monitoring and enforcement
62.24must provide an annual financial report
62.25to the Legislative-Citizen Commission
62.26on Minnesota Resources on the easement
62.27monitoring and enforcement fund as specified
62.28in the work program. Money appropriated
62.29under this section for monitoring and
62.30enforcement of easements and earnings on
62.31the money appropriated shall revert to the
62.32state if: (1) the easement transfers to the
62.33state; (2) the holder of the easement fails to
62.34file an annual report and then fails to cure
62.35that default within 30 days of notification
62.36of the default by the state; or (3) the holder
63.1of the easement fails to comply with the
63.2terms of the monitoring and enforcement
63.3plan contained within the work program and
63.4fails to cure that default within 90 days of
63.5notification of the default by the state.
63.7(a) Metropolitan Conservation Corridors
63.8(1) Of the amount appropriated in Laws
63.92003, chapter 128, article 1, section 9,
63.10subdivision 5, paragraph (b), up to $48,000 is
63.11for deposit in a monitoring and enforcement
63.12account as authorized in subdivision 19.
63.13(2) Of the amount appropriated in Laws
63.142005, First Special Session, chapter 1, article
63.152, section 11, subdivision 5, paragraph (b),
63.16up to $49,000 is for deposit in a monitoring
63.17and enforcement account as authorized in
63.18subdivision 19.
63.19(3) Of the amount appropriated in Laws
63.202007, chapter 30, section 2, subdivision 4,
63.21paragraph (c), up to $59,000 is for deposit
63.22in a monitoring and enforcement account as
63.23authorized in subdivision 19.
63.24(4) Of the amount appropriated in Laws
63.252008, chapter 367, section 2, subdivision 3,
63.26paragraph (a), up to $42,000 is for deposit
63.27in a monitoring and enforcement account as
63.28authorized in subdivision 19.
63.29(5) Of the amount appropriated in Laws
63.302009, chapter 143, section 2, subdivision 4,
63.31paragraph (f), up to $80,000 is for deposit
63.32in a monitoring and enforcement account as
63.33authorized in subdivision 19.
64.1(6) Of the amount appropriated in Laws
64.22010, chapter 362, section 2, subdivision 4,
64.3paragraph (g), up to $10,000 is for deposit
64.4in a monitoring and enforcement account as
64.5authorized in subdivision 19.
64.6(b) Habitat Conservation Partnership
64.7(1) Of the amount appropriated in Laws
64.82001, First Special Session chapter 2,
64.9section 14, subdivision 4, paragraph (e), up
64.10to $288,000 is for deposit in a monitoring
64.11and enforcement account as authorized in
64.12subdivision 19.
64.13(2) Of the amount appropriated in Laws
64.142003, chapter 128, article 1, section 9,
64.15subdivision 5, paragraph (a), up to $78,000 is
64.16for deposit in a monitoring and enforcement
64.17account as authorized in subdivision 19.
64.18(3) Of the amount appropriated in Laws 2005,
64.19First Special Session chapter 1, section 11,
64.20subdivision 5, paragraph (a), up to $55,000 is
64.21for deposit in a monitoring and enforcement
64.22account as authorized in subdivision 19.
64.23(4) Of the amount appropriated in Laws
64.242007, chapter 30, section 2, subdivision 4,
64.25paragraph (b), up to $123,000 is for deposit
64.26in a monitoring and enforcement account as
64.27authorized in subdivision 19.
64.28(5) Of the amount appropriated in Laws
64.292008, chapter 367, section 2, subdivision 3,
64.30paragraph (c), up to $120,000 is for deposit
64.31in a monitoring and enforcement account as
64.32authorized in subdivision 19.
64.33(6) Of the amount appropriated in Laws
64.342009, chapter 143, section 2, subdivision 4,
65.1paragraph (e), up to $60,000 is for deposit
65.2in a monitoring and enforcement account as
65.3authorized in subdivision 19.
65.4(7) Of the amount appropriated in Laws
65.52010, chapter 362, section 2, subdivision 4,
65.6paragraph (f), up to $30,000 is for deposit
65.7in a monitoring and enforcement account as
65.8authorized in subdivision 19.
65.9(c) Preserving the Avon Hills Landscape
65.10Of the amount appropriated in Laws 2008,
65.11chapter 367, section 2, subdivision 3,
65.12paragraph (d), up to $120,000 is for deposit
65.13in a monitoring and enforcement account as
65.14authorized in subdivision 19.
65.15(d) New Models for Land-Use Planning
65.16Of the amount appropriated in Laws 1997,
65.17chapter 216, section 15, subdivision 9,
65.18paragraph (d), up to $33,000 is for deposit
65.19in a monitoring and enforcement account as
65.20authorized in subdivision 19.
65.21(e) Conservation-Based Development
65.22Program
65.23Of the amount appropriated in Laws 1999,
65.24chapter 231, section 16, subdivision 8,
65.25paragraph (e), up to $5,000 is for deposit in
65.26a monitoring and enforcement account as
65.27authorized in subdivision 19.
65.28 Sec. 3. EFFECTIVE DATE; RELATIONSHIP TO OTHER APPROPRIATIONS.
65.29Unless otherwise specified, this article is effective retroactively from July 1, 2011,
65.30and supersedes and replaces funding authorized by order of the Second Judicial District
65.31Court in Case No. 62-CV-11-5203. Section 2, subdivision 18, is effective retroactively
65.32from June 29, 2011.
66.3 Section 1. [16E.0475] ADVISORY COMMITTEE FOR TECHNOLOGY
66.4STANDARDS FOR ACCESSIBILITY AND USABILITY.
66.5 Subdivision 1. Membership. (a) The Advisory Committee for Technology
66.6Standards for Accessibility and Usability consists of ten members, appointed as follows:
66.7(1) the state chief information officer, or the state chief information officer's designee;
66.8(2) a representative from State Services for the Blind, appointed by the commissioner
66.9of employment and economic development;
66.10(3) the commissioner of administration, or the commissioner's designee;
66.11(4) a representative selected by the Minnesota system of technology to achieve
66.12results program;
66.13(5) a representative selected by the Commission of Deaf, DeafBlind, and
66.14Hard-of-Hearing Minnesotans;
66.15(6) the commissioner of education, or the commissioner's designee;
66.16(7) the commissioner of health, or the commissioner's designee;
66.17(8) the commissioner of human services, or the commissioner's designee;
66.18(9) one representative from the Minnesota judicial system designated by the chief
66.19justice; and
66.20 (10) one staff member from the legislature, appointed by the chair of the Legislative
66.21Coordinating Commission.
66.22 (b) The appointing authorities under this subdivision must use their best efforts to
66.23ensure that the membership of the advisory committee includes at least one representative
66.24who is deaf, hard-of-hearing, or deafblind and at least one representative who is blind.
66.25(c) The advisory committee shall elect a chair from its membership.
66.26 Subd. 2. Duties. (a) The advisory committee shall:
66.27(1) review processes to be used for the evaluation or certification of accessibility of
66.28technology against accessibility standards;
66.29(2) review the exception process and thresholds for any deviation from the
66.30accessibility standards;
66.31(3) identify, in consultation with state agencies serving Minnesotans with disabilities,
66.32resources for training and technical assistance for state agency staff, including instruction
66.33regarding compliance with accessibility standards;
66.34(4) convene customer groups composed of individuals with disabilities to assist in
66.35implementation of accessibility standards;
67.1(5) review customer comments about accessibility and usability issues collected
67.2by State Services for the Blind;
67.3(6) develop proposals for funding captioning of live videoconferencing, live
67.4Webcasts, Web streaming, podcasts, and other emerging technologies;
67.5(7) provide advice and recommendations regarding the technology accessibility
67.6program operation and objectives;
67.7(8) review and make recommendations regarding individual agency accessibility
67.8plans;
67.9(9) review and make recommendations regarding new or amended accessibility
67.10standards and policies;
67.11(10) review and make recommendations regarding assessments of progress in
67.12implementing accessibility standards; and
67.13(11) consult with the chief information officer, if the chief information officer
67.14determines that any accessibility standard poses an undue burden to the state.
67.15(b) The advisory committee shall report to the chairs and ranking minority members
67.16of the legislative committees with jurisdiction over state technology systems by January
67.1715 each year regarding the findings, progress, and recommendations made by the advisory
67.18committee under this subdivision. The report shall include any draft legislation necessary
67.19to implement the committee's recommendations.
67.20 Subd. 3. Terms, compensation, and removal. The terms, compensation, and
67.21removal of members are governed by section15.059 .
67.22 Subd. 4. Expiration. This section expires June 30, 2013.
67.23 Sec. 2. [84.0264] FEDERAL LAND AND WATER CONSERVATION FUNDS.
67.24 Subdivision 1. Designated agency. The Department of Natural Resources
67.25is designated as the state agency to apply for, accept, receive, and disburse federal
67.26reimbursement funds and private funds that are granted to the state of Minnesota from
67.27section 6 of the federal Land and Water Conservation Fund Act.
67.28 Subd. 2. State land and water conservation account. A state land and water
67.29conservation account is created in the natural resources fund. All of the money made
67.30available to the state from funds granted under subdivision 1 shall be deposited in the
67.31state land and water conservation account.
67.32 Subd. 3. Local share. Fifty percent of all money made available to the state
67.33from funds granted under subdivision 1 shall be distributed for projects to be acquired,
67.34developed, and maintained by local units of government, provided that any project
67.35approved is consistent with a statewide or a county or regional recreational plan and
68.1compatible with the statewide recreational plan. All money received by the commissioner
68.2for local units of government is appropriated annually to carry out the purposes for which
68.3the funds are received.
68.4 Subd. 4. State share. Fifty percent of the money made available to the state from
68.5funds granted under subdivision 1 shall be used for state land acquisition and development
68.6for the state outdoor recreation system under chapter 86A and the administrative expenses
68.7necessary to maintain eligibility for the federal land and water conservation fund.
68.8 Sec. 3. Minnesota Statutes 2010, section 84D.15, subdivision 2, as amended by Laws
68.92011, chapter 107, section 35, is amended to read:
68.10 Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
68.11section86B.415, subdivision 7 , civil penalties under section
84D.13 , and service provider
68.12permits under section84D.108 , shall be deposited in the invasive species account. Each
68.13year, the commissioner of management and budget shall transfer from the game and
68.14fish fund to the invasive species account, the annual surcharge collected on nonresident
68.15fishing licenses under section97A.475, subdivision 7 , paragraph (b). In fiscal years 2010
68.16and 2011 Each fiscal year, the commissioner of management and budget shall transfer
68.17$725,000 $750,000 from the water recreation account under section
86B.706 to the
68.18invasive species account.
68.19 Sec. 4. Minnesota Statutes 2010, section 85.052, subdivision 4, as amended by Laws
68.202011, chapter 98, section 1, is amended to read:
68.21 Subd. 4. Deposit of fees. (a) Fees paid for providing contracted products and
68.22services within a state park, state recreation area, or wayside, and for special state park
68.23uses under this section shall be deposited in the natural resources fund and credited to a
68.24state parks account.
68.25(b) Gross receipts derived from sales, rentals, or leases of natural resources within
68.26state parks, recreation areas, and waysides, other than those on trust fund lands, must be
68.27deposited in the state treasury and credited to the state parks working capital account.
68.28The appropriation under section
85.22 for revenue deposited in this section is limited to
68.29$25,000 per fiscal year.
68.30(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile
68.31materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle
68.32Recreation Area shall be deposited in the dedicated accounts in the natural resources fund
68.33from which the purchase of the stockpile material was made. Notwithstanding paragraph
68.34(b), the payments made under section93.22, subdivision 1 , paragraph (c), pursuant to a
69.1state mineral lease on lands and mineral rights purchased for and within the Iron Range
69.2Off-Highway Vehicle Recreation Area shall be deposited in the dedicated accounts in the
69.3natural resources fund from which the purchase of the lands was made.
69.4 Sec. 5. [89.0385] FOREST MANAGEMENT INVESTMENT ACCOUNT; COST
69.5CERTIFICATION.
69.6(a) After each fiscal year, the commissioner shall certify the total costs incurred for
69.7forest management, forest improvement, and road improvement on state-managed lands
69.8during that year. The commissioner shall distribute forest management receipts credited to
69.9various accounts according to this section.
69.10(b) The amount of the certified costs incurred for forest management activities
69.11on state lands shall be transferred from the account where receipts are deposited to the
69.12forest management investment account in the natural resources fund, except for those
69.13costs certified under section 16A.125. Transfers in a fiscal year cannot exceed receipts
69.14credited to the account.
69.15EFFECTIVE DATE.This section is effective the day following final enactment.
69.16 Sec. 6. Minnesota Statutes 2010, section 89.039, subdivision 1, is amended to read:
69.17 Subdivision 1. Account established; sources. The forest management investment
69.18account is created in the natural resources fund in the state treasury and money in the
69.19account may be spent only for the purposes provided in subdivision 2. The following
69.20revenue shall be deposited in the forest management investment account:
69.21(1) timber sales receipts transferred from the consolidated conservation areas
69.22account as provided in section84A.51, subdivision 2 ;
69.23(2) timber sales receipts from forest lands as provided in section89.035 ;
69.24(3) money transferred from the forest suspense account according to section
69.2516A.125, subdivision 5
; and
69.26(4) interest accruing from investment of the account.; and
69.27(5) money transferred from other accounts according to section 89.0385.
69.28 Sec. 7. Minnesota Statutes 2010, section 89.21, is amended to read:
69.2989.21 CAMPGROUNDS, ESTABLISHMENT AND FEES.
69.30(a) The commissioner is authorized to establish and develop state forest
69.31campgrounds and may establish minimum standards not inconsistent with the laws of the
70.1state for the care and use of such campgrounds and charge fees for such uses as specified
70.2by the commissioner of natural resources.
70.3(b) Notwithstanding section16A.1283 , the commissioner shall, by written order,
70.4establish fees providing for the use of state forest campgrounds. The fees are not subject
70.5to the rulemaking provisions of chapter 14 and section14.386 does not apply.
70.6(c) All fees shall be deposited inthe general fund an account in the natural resources
70.7fund and are appropriated annually to the commissioner.
70.8 Sec. 8. Minnesota Statutes 2010, section 93.481, subdivision 7, is amended to read:
70.9 Subd. 7. Mining administration account. The mining administration account is
70.10established as an account in the natural resources fund. Fees charged to owners, operators,
70.11or managers of mines under this section and section93.482 shall be credited to the account
70.12andmay be are appropriated to the commissioner to cover the costs of providing and
70.13monitoring permits to mine. Earnings accruing from investment of the account remain
70.14with the account until appropriated.
70.15 Sec. 9. [97A.052] PEACE OFFICER TRAINING ACCOUNT.
70.16 Subdivision 1. Account established; sources. The peace officer training account is
70.17created in the game and fish fund in the state treasury. Revenue from the portion of the
70.18surcharges assessed to criminal and traffic offenders in section 357.021, subdivision 7,
70.19clause (1), shall be deposited in the account. Money in the account may be spent only
70.20for the purposes provided in subdivision 2.
70.21 Subd. 2. Purposes of account. Money in the peace officer training account
70.22may only be spent by the commissioner for peace officer training for employees of the
70.23Department of Natural Resources who are licensed under sections 626.84 to 626.863
70.24to enforce game and fish laws.
70.25EFFECTIVE DATE.This section is effective the day following final enactment.
70.26 Sec. 10. Minnesota Statutes 2010, section 97A.055, is amended by adding a
70.27subdivision to read:
70.28 Subd. 2b. Certified costs. Money for the certified costs under section 89.0385
70.29is transferred annually for reimbursement of certified costs on state lands acquired by
70.30purchase or gift for game and fish purposes.
70.31 Sec. 11. Minnesota Statutes 2010, section 97A.071, subdivision 2, is amended to read:
71.1 Subd. 2. Revenue from small game license surcharge and lifetime licenses.
71.2Revenue from the small game surcharge and $6.50 annually from the lifetime fish and
71.3wildlife trust fund, established in section97A.4742 , for each license issued under sections
71.497A.473
, subdivisions 3 and 5, and
97A.474, subdivision 3 , shall be credited to the
71.5wildlife acquisition account and is appropriated to the commissioner. The money in the
71.6account shall be used by the commissioner only for the purposes of this section, and
71.7acquisition and development of wildlife lands under section97A.145 and maintenance of
71.8the lands, in accordance with appropriations made by the legislature.
71.9 Sec. 12. Minnesota Statutes 2010, section 97A.075, is amended to read:
71.1097A.075 USE OF LICENSE REVENUES.
71.11 Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this
71.12subdivision, "deer license" means a license issued under section97A.475, subdivisions
71.132, clauses (5), (6), (7), (13), (14), and (15), and 3, clauses (2), (3), (4), (10), (11), and
71.14(12),and licenses issued under section97B.301, subdivision 4 .
71.15 (b) $2 from each annual deer license and $2 annually from the lifetime fish and
71.16wildlife trust fund, established in section97A.4742 , for each license issued under
71.17section97A.473, subdivision 4 , shall be credited to the deer management account and
71.18shall be used is appropriated to the commissioner for deer habitat improvement or deer
71.19management programs.
71.20 (c) $1 from each annual deer license and each bear license and $1 annually from
71.21the lifetime fish and wildlife trust fund, established in section97A.4742 , for each license
71.22issued under section97A.473, subdivision 4 , shall be credited to the deer and bear
71.23management account andshall be used is appropriated to the commissioner for deer and
71.24bear management programs, including a computerized licensing system.
71.25 (d) Fifty cents from each deer license is credited to the emergency deer feeding and
71.26wild cervidae health management account and is appropriated for emergency deer feeding
71.27and wild cervidae health management. Money appropriated for emergency deer feeding
71.28and wild cervidae health management is available until expended. The commissioner must
71.29inform the legislative chairs of the natural resources finance committees every two years
71.30on how the money for emergency deer feeding and wild cervidae health management
71.31has been spent.
71.32 When the unencumbered balance in the appropriation for emergency deer feeding
71.33and wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
71.34unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
71.35management programs and computerized licensing.
72.1 Subd. 2. Minnesota migratory waterfowl stamp. (a) Ninety percent of the revenue
72.2from the Minnesota migratory waterfowl stamps must be credited to the waterfowl habitat
72.3improvement account. Money in the account may be used and is appropriated to the
72.4commissioner only for:
72.5(1) development of wetlands and lakes in the state and designated waterfowl
72.6management lakes for maximum migratory waterfowl production including habitat
72.7evaluation, the construction of dikes, water control structures and impoundments, nest
72.8cover, rough fish barriers, acquisition of sites and facilities necessary for development
72.9and management of existing migratory waterfowl habitat and the designation of waters
72.10under section97A.101 ;
72.11(2) management of migratory waterfowl;
72.12(3) development, restoration, maintenance, or preservation of migratory waterfowl
72.13habitat;
72.14(4) acquisition of and access to structure sites; and
72.15(5) the promotion of waterfowl habitat development and maintenance, including
72.16promotion and evaluation of government farm program benefits for waterfowl habitat.
72.17(b) Money in the account may not be used for costs unless they are directly related to
72.18a specific parcel of land or body of water under paragraph (a), clause (1), (3), (4), or (5), or
72.19to specific management activities under paragraph (a), clause (2).
72.20 Subd. 3. Trout and salmon stamp. (a) Ninety percent of the revenue from trout
72.21and salmon stamps must be credited to the trout and salmon management account. Money
72.22in the account may be used and is appropriated to the commissioner only for:
72.23(1) the development, restoration, maintenance, improvement, protection, and
72.24preservation of habitat for trout and salmon in trout streams and lakes, including, but
72.25not limited to, evaluating habitat; stabilizing eroding stream banks; adding fish cover;
72.26modifying stream channels; managing vegetation to protect, shade, or reduce runoff on
72.27stream banks; and purchasing equipment to accomplish these tasks;
72.28(2) rearing trout and salmon, including utility and service costs associated with
72.29coldwater hatchery buildings and systems; stocking trout and salmon in streams and lakes
72.30and Lake Superior; and monitoring and evaluating stocked trout and salmon;
72.31(3) acquisition of easements and fee title along trout waters;
72.32(4) identifying easement and fee title areas along trout waters; and
72.33(5) research and special management projects on trout streams, trout lakes, and
72.34Lake Superior and portions of its tributaries.
72.35(b) Money in the account may not be used for costs unless they are directly related
72.36to a specific parcel of land or body of water under paragraph (a), to specific fish rearing
73.1activities under paragraph (a), clause (2), or for costs associated with supplies and
73.2equipment to implement trout and salmon management activities under paragraph (a).
73.3 Subd. 4. Pheasant stamp. (a) Ninety percent of the revenue from pheasant stamps
73.4must be credited to the pheasant habitat improvement account. Money in the account may
73.5be used and is appropriated to the commissioner only for:
73.6 (1) the development, restoration, and maintenance of suitable habitat for ringnecked
73.7pheasants on public and private land including the establishment of nesting cover, winter
73.8cover, and reliable food sources;
73.9 (2) reimbursement of landowners for setting aside lands for pheasant habitat;
73.10 (3) reimbursement of expenditures to provide pheasant habitat on public and private
73.11land;
73.12 (4) the promotion of pheasant habitat development and maintenance, including
73.13promotion and evaluation of government farm program benefits for pheasant habitat; and
73.14 (5) the acquisition of lands suitable for pheasant habitat management and public
73.15hunting.
73.16 (b) Money in the account may not be used for:
73.17 (1) costs unless they are directly related to a specific parcel of land under paragraph
73.18(a), clause (1), (3), or (5), or to specific promotional or evaluative activities under
73.19paragraph (a), clause (4); or
73.20 (2) any personnel costs, except that prior to July 1, 2019, personnel may be hired
73.21to provide technical and promotional assistance for private landowners to implement
73.22conservation provisions of state and federal programs.
73.23 Subd. 5. Turkey account. (a) $4.50 from each turkey license sold, except youth
73.24licenses under section97A.475, subdivision 2 , clause (4), and subdivision 3, clause (7),
73.25must be credited to the wild turkey management account. Money in the account may be
73.26used and is appropriated to the commissioner only for:
73.27 (1) the development, restoration, and maintenance of suitable habitat for wild
73.28turkeys on public and private land including forest stand improvement and establishment
73.29of nesting cover, winter roost area, and reliable food sources;
73.30 (2) acquisitions of, or easements on, critical wild turkey habitat;
73.31 (3) reimbursement of expenditures to provide wild turkey habitat on public and
73.32private land;
73.33 (4) trapping and transplantation of wild turkeys; and
73.34 (5) the promotion of turkey habitat development and maintenance, population
73.35surveys and monitoring, and research.
73.36 (b) Money in the account may not be used for:
74.1 (1) costs unless they are directly related to a specific parcel of land under paragraph
74.2(a), clauses (1) to (3), a specific trap and transplant project under paragraph (a), clause (4),
74.3or to specific promotional or evaluative activities under paragraph (a), clause (5); or
74.4 (2) any permanent personnel costs.
74.5 Subd. 6. Walleye stamp. (a) Revenue from walleye stamps must be credited to the
74.6walleye stamp account. Money in the account must be used and is appropriated to the
74.7commissioner only for stocking walleye in waters of the state and related activities.
74.8 (b) Money in the account may not be used for costs unless they are directly related to
74.9a specific body of water under paragraph (a), or for costs associated with supplies and
74.10equipment to implement walleye stocking activities under paragraph (a).
74.11 Sec. 13. [103G.27] WATER MANAGEMENT ACCOUNT.
74.12 Subdivision 1. Account established; sources. The water management account
74.13is created in the natural resources fund in the state treasury. Revenues collected from
74.14permit application fees, water use fees, field inspection fees, penalties, and other receipts
74.15according to sections 103G.271 and 103G.301 shall be deposited in the account. Interest
74.16earned on money in the account accrues to the account.
74.17 Subd. 2. Purposes of account. Money in the water management account may be
74.18spent only for the costs associated with administering this chapter.
74.19 Sec. 14. Minnesota Statutes 2010, section 103G.271, subdivision 6, is amended to read:
74.20 Subd. 6. Water use permit processing fee. (a) Except as described in paragraphs
74.21(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
74.22accordance with the schedule of fees in this subdivision for each water use permit in force
74.23at any time during the year. Fees collected under this paragraph are credited to the water
74.24management account in the natural resources fund. The schedule is as follows, with the
74.25stated fee in each clause applied to the total amount appropriated:
74.26 (1) $140 for amounts not exceeding 50,000,000 gallons per year;
74.27 (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
74.28than 100,000,000 gallons per year;
74.29 (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
74.30than 150,000,000 gallons per year;
74.31 (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but
74.32less than 200,000,000 gallons per year;
74.33 (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
74.34than 250,000,000 gallons per year;
75.1 (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but
75.2less than 300,000,000 gallons per year;
75.3 (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
75.4than 350,000,000 gallons per year;
75.5 (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
75.6less than 400,000,000 gallons per year;
75.7 (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
75.8than 450,000,000 gallons per year;
75.9 (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
75.10less than 500,000,000 gallons per year; and
75.11 (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
75.12 (b) For once-through cooling systems, a water use processing fee must be prescribed
75.13by the commissioner in accordance with the following schedule of fees for each water use
75.14permit in force at any time during the year:
75.15 (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
75.16 (2) for all other users, $420 per 1,000,000 gallons.
75.17 (c) The fee is payable based on the amount of water appropriated during the year
75.18and, except as provided in paragraph (f), the minimum fee is $100.
75.19 (d) For water use processing fees other than once-through cooling systems:
75.20 (1) the fee for a city of the first class may not exceed $250,000 per year;
75.21 (2) the fee for other entities for any permitted use may not exceed:
75.22 (i) $60,000 per year for an entity holding three or fewer permits;
75.23 (ii) $90,000 per year for an entity holding four or five permits; or
75.24 (iii) $300,000 per year for an entity holding more than five permits;
75.25 (3) the fee for agricultural irrigation may not exceed $750 per year;
75.26 (4) the fee for a municipality that furnishes electric service and cogenerates steam
75.27for home heating may not exceed $10,000 for its permit for water use related to the
75.28cogeneration of electricity and steam; and
75.29 (5) no fee is required for a project involving the appropriation of surface water to
75.30prevent flood damage or to remove flood waters during a period of flooding, as determined
75.31by the commissioner.
75.32 (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
75.33percent per month calculated from the original due date must be imposed on the unpaid
75.34balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
75.35may not be imposed on an agency, as defined in section16B.01, subdivision 2 , or federal
75.36governmental agency holding a water appropriation permit.
76.1 (f) The minimum water use processing fee for a permit issued for irrigation of
76.2agricultural land is $20 for years in which:
76.3 (1) there is no appropriation of water under the permit; or
76.4 (2) the permit is suspended for more than seven consecutive days between May 1
76.5and October 1.
76.6 (g) A surcharge of $30 per million gallons in addition to the fee prescribed in
76.7paragraph (a) shall be applied to the volume of water used in each of the months of June,
76.8July, and August that exceeds the volume of water used in January for municipal water
76.9use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities
76.10with more than one permit shall be determined based on the total appropriations from all
76.11permits that supply a common distribution system.
76.12 Sec. 15. Minnesota Statutes 2010, section 103G.301, is amended by adding a
76.13subdivision to read:
76.14 Subd. 8. Deposit of fees. Fees collected under this section must be credited to the
76.15water management account in the natural resources fund.
76.16 Sec. 16. Minnesota Statutes 2010, section 103G.615, subdivision 2, is amended to read:
76.17 Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
76.18control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
76.19section16A.1283 does not apply, but the rule must not take effect until 45 legislative
76.20days after it has been reported to the legislature. The fees shall not exceed $2,500 per
76.21permit and shall be based upon the cost of receiving, processing, analyzing, and issuing
76.22the permit, and additional costs incurred after the application to inspect and monitor
76.23the activities authorized by the permit, and enforce aquatic plant management rules and
76.24permit requirements.
76.25 (b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous
76.26parcel of shoreline owned by an owner may be charged. This fee may not be charged for
76.27permits issued in connection with purple loosestrife control or lakewide Eurasian water
76.28milfoil control programs.
76.29 (c) A fee may not be charged to the state or a federal governmental agency applying
76.30for a permit.
76.31 (d) A fee for a permit for the control of rooted aquatic vegetation in a public
76.32water basin that is 20 acres or less in size shall be one-half of the fee established under
76.33paragraph (a).
77.1(e) The money received for the permits under this subdivision shall be deposited in
77.2the treasury and credited to the water recreation account.
77.3 Sec. 17. Minnesota Statutes 2010, section 115A.1314, is amended to read:
77.4115A.1314 MANUFACTURER'S REGISTRATION FEE; CREATION OF
77.5ACCOUNT.
77.6 Subdivision 1. Registration fee. (a) Each manufacturer who registers under section
77.7115A.1312
must, by September 1, 2007, and each year thereafter, pay to the commissioner
77.8of revenue an annual registration fee. The commissioner of revenue must deposit the
77.9fee in theaccount established in subdivision 2 state treasury and credit the fee to the
77.10environmental fund.
77.11 (b)The registration fee for the initial program year during which a manufacturer's
77.12video display devices are sold to households is $5,000. Each year thereafter, The
77.13registration fee is equal to a base fee of $2,500, plus a variable recycling fee calculated
77.14according to the formula:
77.15 ((A x B) - (C + D)) x E, where:
77.16 (1) A = the number of pounds of a manufacturer's video display devices sold to
77.17households during the previous program year, as reported to the department under section
77.18115A.1316, subdivision 1
;
77.19 (2) B = the proportion of sales of video display devices required to be recycled, set at
77.200.6 for the first program year and 0.8 for the second program year and every year thereafter;
77.21 (3) C = the number of pounds of covered electronic devices recycled by a
77.22manufacturer from households during the previous program year, as reported to the
77.23department under section115A.1316, subdivision 1 ;
77.24 (4) D = the number of recycling credits a manufacturer elects to use to calculate the
77.25variable recycling fee, as reported to the department under section115A.1316 , subdivision
77.261; and
77.27 (5) E = the estimated per-pound cost of recycling, initially set at $0.50 per pound for
77.28manufacturers who recycle less than 50 percent of the product (A x B); $0.40 per pound
77.29for manufacturers who recycle at least 50 percent but less than 90 percent of the product
77.30(A x B); and $0.30 per pound for manufacturers who recycle at least 90 percent but less
77.31than 100 percent of the product (A x B).
77.32 (c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number of
77.33pounds, that amount is defined as the manufacturer's recycling credits. A manufacturer
77.34may retain recycling credits to be added, in whole or in part, to the actual value of C, as
77.35reported under section115A.1316, subdivision 2 , during any succeeding program year,
78.1provided that no more than 25 percent of a manufacturer's obligation (A x B) for any
78.2program year may be met with recycling credits generated in a prior program year. A
78.3manufacturer may sell any portion or all of its recycling credits to another manufacturer, at
78.4a price negotiated by the parties, who may use the credits in the same manner.
78.5 (d) For the purpose of calculating a manufacturer's variable recycling fee under
78.6paragraph (b), the weight of covered electronic devices collected from households located
78.7outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (c), is
78.8calculated at 1.5 times their actual weight.
78.9 (e) The registration fee for the initial program year and the base registration fee
78.10thereafter for a manufacturer who produces fewer than 100 video display devices for sale
78.11annually to households is $1,250.
78.12 Subd. 2.Creation of account; appropriations Use of registration fees. (a) The
78.13electronic waste account is established in the environmental fund. The commissioner of
78.14revenue must deposit receipts from the fee established in subdivision 1 in the account.
78.15Any interest earned on the account must be credited to the account. Money from other
78.16sources may be credited to the account. Beginning in the second program year and
78.17continuing each program year thereafter, as of the last day of each program year, the
78.18commissioner shall determine the total amount of the variable fees that were collected. To
78.19the extent that the total fees collected by the commissioner in connection with this section
78.20exceed the amount the commissioner determines necessary to operate the program for the
78.21new program year, the commissioner shall refund on a pro rata basis, to all manufacturers
78.22who paid any fees for the previous program year, the amount of fees collected by the
78.23commissioner in excess of the amount necessary to operate the program for the new
78.24program year. No individual refund is required of amounts of $100 or less for a fiscal
78.25year. Manufacturers who report collections less than 50 percent of their obligation for
78.26the previous program year are not eligible for a refund.
78.27(b) Until June 30, 2011, money in the account is annually appropriated to the
78.28Pollution Control Agency: (a) Registration fees may be used by the commissioner for:
78.29 (1)for the purpose of implementing sections
115A.1312 to
115A.1330 , including
78.30transfer to the commissioner of revenue to carry out the department's duties under
78.31section115A.1320, subdivision 2 , and transfer to the commissioner of administration for
78.32responsibilities under section115A.1324 ; and
78.33 (2)to the commissioner of the Pollution Control Agency to be distributed on
78.34a competitive basis through contracts with grants to counties outside the 11-county
78.35metropolitan area, as defined in paragraph(c) (b), and with to private entities that collect
78.36for recycling covered electronic devices in counties outside the 11-county metropolitan
79.1area, where the collection and recycling is consistent with the respective county's solid
79.2waste plan, for the purpose of carrying out the activities under sections115A.1312 to
79.3115A.1330
. In awarding competitive grants under this clause, the commissioner must
79.4give preference to counties and private entities that are working cooperatively with
79.5manufacturers to help them meet their recycling obligations under section115A.1318,
79.6subdivision 1 .
79.7(c) (b) The 11-county metropolitan area consists of the counties of Anoka, Carver,
79.8Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.
79.9 Sec. 18. Minnesota Statutes 2010, section 115A.1320, subdivision 1, is amended to
79.10read:
79.11 Subdivision 1. Duties of the agency. (a) The agency shall administer sections
79.12115A.1310
to
115A.1330 .
79.13 (b) The agency shall establish procedures for:
79.14 (1) receipt and maintenance of the registration statements and certifications filed
79.15with the agency under section115A.1312 ; and
79.16 (2) making the statements and certifications easily available to manufacturers,
79.17retailers, and members of the public.
79.18 (c) The agency shall annually review the value of the following variables that are
79.19part of the formula used to calculate a manufacturer's annual registration fee under section
79.20115A.1314, subdivision 1
:
79.21 (1) the proportion of sales of video display devices sold to households that
79.22manufacturers are required to recycle;
79.23 (2) the estimated per-pound price of recycling covered electronic devices sold to
79.24households;
79.25 (3) the base registration fee; and
79.26 (4) the multiplier established for the weight of covered electronic devices collected
79.27in section115A.1314, subdivision 1 , paragraph (d). If the agency determines that any of
79.28these values must be changed in order to improve the efficiency or effectiveness of the
79.29activities regulated under sections115A.1312 to
115A.1330 or if the revenues in the
79.30account exceed the amount that the agency determines is necessary, the agency shall
79.31submit recommended changes and the reasons for them to the chairs of the senate and
79.32house of representatives committees with jurisdiction over solid waste policy.
79.33 (d) By January 15 each year, beginning in 2008, the agency shall calculate estimated
79.34sales of video display devices sold to households by each manufacturer during the
80.1preceding program year, based on national sales data, and forward the estimates to the
80.2department.
80.3(e) The agency shall manage the account established in section
115A.1314,
80.4subdivision 2. If the revenues in the account exceed the amount that the agency determines
80.5is necessary for efficient and effective administration of the program, including any
80.6amount for contingencies, the agency must recommend to the legislature that the base
80.7registration fee, the proportion of sales of video display devices required to be recycled,
80.8or the estimated per pound cost of recycling established under section
115A.1314,
80.9subdivision 1, paragraph (b), or any combination thereof, be lowered in order to reduce
80.10revenues collected in the subsequent program year by the estimated amount of the excess.
80.11(f) (e) On or before December 1, 2010, and each year thereafter, the agency shall
80.12provide a report to the governor and the legislature on the implementation of sections
80.13115A.1310
to
115A.1330 . For each program year, the report must discuss the total weight
80.14of covered electronic devices recycled and a summary of information in the reports
80.15submitted by manufacturers and recyclers under section115A.1316 . The report must
80.16also discuss the various collection programs used by manufacturers to collect covered
80.17electronic devices; information regarding covered electronic devices that are being
80.18collected by persons other than registered manufacturers, collectors, and recyclers; and
80.19information about covered electronic devices, if any, being disposed of in landfills in
80.20this state. The report must include a description of enforcement actions under sections
80.21115A.1310
to
115A.1330 . The agency may include in its report other information received
80.22by the agency regarding the implementation of sections115A.1312 to
115A.1330 .
80.23(g) (f) The agency shall promote public participation in the activities regulated under
80.24sections115A.1312 to
115A.1330 through public education and outreach efforts.
80.25(h) (g) The agency shall enforce sections
115A.1310 to
115A.1330 in the manner
80.26provided by sections115.071, subdivisions 1 , 3, 4, 5, and 6; and
116.072 , except for those
80.27provisions enforced by the department, as provided in subdivision 2. The agency may
80.28revoke a registration of a collector or recycler found to have violated sections115A.1310
80.29to115A.1330 .
80.30(i) (h) The agency shall facilitate communication between counties, collection and
80.31recycling centers, and manufacturers to ensure that manufacturers are aware of video
80.32display devices available for recycling.
80.33(j) (i) The agency shall develop a form retailers must use to report information to
80.34manufacturers under section115A.1318 and post it on the agency's Web site.
80.35(k) (j) The agency shall post on its Web site the contact information provided by
80.36each manufacturer under section115A.1318 , paragraph (e).
81.1 Sec. 19. Minnesota Statutes 2010, section 115C.09, subdivision 3c, is amended to read:
81.2 Subd. 3c. Release at refineries and tank facilities not eligible for reimbursement.
81.3(a) Reimbursement may not be made under this chapter for costs associated with a release:
81.4(1) from a tank located at a petroleum refinery; or
81.5(2) from a tank facility, including a pipeline terminal, with more than 1,000,000
81.6gallons of total petroleum storage capacity at the tank facility.
81.7(b) Paragraph (a), clause (2), does not apply to reimbursement for costs associated
81.8with a release from a tank facility:
81.9(1) owned or operated by a person engaged in the business of mining iron ore or
81.10taconite;
81.11(2) owned by a political subdivision, a housing and redevelopment authority, an
81.12economic development authority, or a port authority that acquired the tank facility prior
81.13to May 23, 1989;or
81.14(3) owned by a person:
81.15(i) who acquired the tank facility prior to May 23, 1989;
81.16(ii) who did not use the tank facility for the bulk storage of petroleum; and
81.17(iii) who is not affiliated with the party who used the tank facility for the bulk
81.18storage of petroleum.; or
81.19(4) that is not a petroleum refinery or pipeline terminal and is owned by a person
81.20engaged in the business of storing used oil primarily for sales to end users.
81.21 Sec. 20. Minnesota Statutes 2010, section 115C.13, is amended to read:
81.22115C.13 REPEALER.
81.23Sections115C.01 ,
115C.02 ,
115C.021 ,
115C.03 ,
115C.04 ,
115C.045 ,
115C.05 ,
81.24115C.06
,
115C.065 ,
115C.07 ,
115C.08 ,
115C.09 ,
115C.093 ,
115C.094 ,
115C.10 ,
115C.11 ,
81.25115C.111
,
115C.112 ,
115C.113 ,
115C.12 , and
115C.13 , are repealed effective June 30,
81.262012 2017.
81.27 Sec. 21. Minnesota Statutes 2010, section 116.07, subdivision 7c, is amended to read:
81.28 Subd. 7c. NPDES feedlot permitting requirements. (a) The agency must issue
81.29national pollutant discharge elimination system permits for feedlotswith 1,000 animal
81.30units or more and that meet the definition of a "concentrated animal feeding operation" in
81.31Code of Federal Regulations, title 40, section
122.23, only as required by federal law. The
81.32issuance of national pollutant discharge elimination system permits for feedlots must be
81.33based on the following:
82.1(1) a permit for a newly constructed or expanded animal feedlot that is identified as a
82.2priority by the commissioner, using criteriaestablished under paragraph (d) in effect on
82.3January 1, 2010, must be issued as an individual permit;
82.4(2)after January 1, 2001, an existing feedlot that is identified as a priority by the
82.5commissioner, using criteriaestablished under paragraph (e) in effect on January 1, 2010,
82.6must be issued as an individual permit; and
82.7(3) the agency must issue a general national pollutant discharge elimination system
82.8permit, if required, for animal feedlots that are not identified under clause (1) or (2).
82.9(b) Prior to the issuance of a general national pollutant discharge elimination system
82.10permit for a category of animal feedlot facility permittees, the agency must hold at least
82.11one public hearing on the permit issuance.
82.12(c) To the extent practicable, the agency must include a public notice and comment
82.13period for an individual national pollutant discharge elimination system permit concurrent
82.14with any public notice and comment for:
82.15(1) the purpose of environmental review of the same facility under chapter 116D; or
82.16(2) the purpose of obtaining a conditional use permit from a local unit of government
82.17where the local government unit is the responsible governmental unit for purposes of
82.18environmental review under chapter 116D.
82.19(d)The commissioner, in consultation with the Feedlot and Manure Management
82.20Advisory Committee, created under section
17.136, and other interested parties must
82.21develop criteria for determining whether an individual national pollutant discharge
82.22elimination system permit is required under paragraph (a), clause (1). The criteria must
82.23be based on proximity to waters of the state, facility design, and other site-specific
82.24environmental factors.
82.25(e) The commissioner, in consultation with the Feedlot and Manure Management
82.26Advisory Committee, created under section
17.136, and other interested parties must
82.27develop criteria for determining whether an individual national pollutant discharge
82.28elimination system permit is required for an existing animal feedlot, under paragraph
82.29(a), clause (2). The criteria must be based on violations and other compliance problems
82.30at the facility.
82.31(f) The commissioner, in consultation with the Feedlot and Manure Management
82.32Advisory Committee, created under section
17.136, and other interested parties must
82.33develop criteria for determining when an individual national pollutant discharge
82.34elimination system permit is transferred from individual to general permit status.
82.35(g) Notwithstanding the provisions in paragraph (a), until January 1, 2001, the
82.36commissioner may issue an individual national pollutant discharge elimination system
83.1permit for an animal feedlot. After the general permit is issued and the criteria under
83.2paragraphs (d) and (e) are developed, individual permits issued pursuant to this paragraph
83.3that do not fit the criteria for an individual permit under the applicable provisions of
83.4paragraph (d) or (e) must be transferred to general permit status.
83.5(h) The commissioner, in consultation with the Feedlot and Manure Management
83.6Advisory Committee, created under section
17.136, and other interested parties must
83.7develop criteria for determining which feedlots are required to apply for and obtain a
83.8national pollutant discharge elimination system permit and which feedlots are required
83.9to apply for and obtain a state disposal system permit based upon the actual or potential
83.10to discharge A feedlot owner may choose to apply for a national pollutant discharge
83.11elimination system permit even if the feedlot is not required by federal law to have a
83.12national pollutant discharge elimination system permit.
83.13 Sec. 22. Minnesota Statutes 2010, section 116.07, subdivision 7d, is amended to read:
83.14 Subd. 7d. Exemption. (a) Notwithstanding subdivision 7 or Minnesota Rules,
83.15chapter 7020, to the contrary, and notwithstanding the proximity to public or private
83.16waters, an owner or resident of agricultural land on which livestock have been allowed to
83.17pastureas defined by Minnesota Rules, chapter 7020, at any time during the ten-year period
83.18beginning January 1,1990 2010, is permanently exempt from requirements related to
83.19feedlot or manure management on that land for so long as the property remains in pasture.
83.20(b) For the purposes of this subdivision, "pasture" means areas where livestock graze
83.21on grass or other growing plants. Pasture also means agricultural land where livestock are
83.22allowed to forage during the winter time and which land is used for cropping purposes
83.23in the growing season. In either case, the concentration of animals must be such that a
83.24vegetative cover, whether of grass, growing plants, or crops, is maintained during the
83.25growing season except in the immediate vicinity of temporary supplemental feeding
83.26or watering devices.
83.27 Sec. 23. Minnesota Statutes 2010, section 116P.05, subdivision 2, is amended to read:
83.28 Subd. 2. Duties. (a) The commission shall recommend an annual or biennial
83.29legislative bill for appropriations from the environment and natural resources trust fund and
83.30shall adopt a strategic plan as provided in section 116P.08. Approval of the recommended
83.31legislative bill requires an affirmative vote of at least 12 members of the commission.
83.32(b)The commission shall recommend expenditures to the legislature from the state
83.33land and water conservation account in the natural resources fund.
84.1(c) It is a condition of acceptance of the appropriations made from the Minnesota
84.2environment and natural resources trust fund, and oil overcharge money under section
84.34.071, subdivision 2, that the agency or entity receiving the appropriation must submit
84.4a work program and semiannual progress reports in the form determined by the
84.5Legislative-Citizen Commission on Minnesota Resources, and comply with applicable
84.6reporting requirements under section 116P.16. None of the money provided may be spent
84.7unless the commission has approved the pertinent work program.
84.8(d) (c) The peer review panel created under section 116P.08 must also review,
84.9comment, and report to the commission on research proposals applying for an
84.10appropriation from the oil overcharge money under section 4.071, subdivision 2.
84.11(e) (d) The commission may adopt operating procedures to fulfill its duties under
84.12this chapter.
84.13(f) (e) As part of the operating procedures, the commission shall:
84.14(1) ensure that members' expectations are to participate in all meetings related to
84.15funding decision recommendations;
84.16(2) recommend adequate funding for increased citizen outreach and communications
84.17for trust fund expenditure planning;
84.18(3) allow administrative expenses as part of individual project expenditures based
84.19on need;
84.20(4) provide for project outcome evaluation;
84.21(5) keep the grant application, administration, and review process as simple as
84.22possible; and
84.23(6) define and emphasize the leveraging of additional sources of money that project
84.24proposers should consider when making trust fund proposals.
84.25 Sec. 24. Minnesota Statutes 2010, section 290.431, is amended to read:
84.26290.431 NONGAME WILDLIFE CHECKOFF.
84.27Every individual who files an income tax return or property tax refund claim form
84.28may designate on their original return that $1 or more shall be added to the tax or deducted
84.29from the refund that would otherwise be payable by or to that individual and paid into an
84.30account to be established for the management of nongame wildlife. The commissioner
84.31of revenue shall, on the income tax return and the property tax refund claim form, notify
84.32filers of their right to designate that a portion of their tax or refund shall be paid into the
84.33nongame wildlife management account. The sum of the amounts so designated to be paid
84.34shall be credited to the nongame wildlife management account for use by the nongame
84.35program in the Department of Natural Resources. All interest earned on money accrued,
85.1gifts to the program, contributions to the program, and reimbursements of expenditures
85.2in the nongame wildlife management account shall be credited to the account by the
85.3commissioner of management and budget, except that gifts or contributions received
85.4directly by the commissioner of natural resources and directed by the contributor for
85.5use in specific nongame field projects or geographic areas shall be handled according to
85.6section84.085 , subdivision 1. The commissioner of natural resources shall submit a work
85.7program for each fiscal year and semiannual progress reports to the Legislative-Citizen
85.8Commission on Minnesota Resources in the form determined by the commission.
85.9The state pledges and agrees with all contributors to the nongame wildlife
85.10management account to use the funds contributed solely for the management of nongame
85.11wildlife projects and further agrees that it will not impose additional conditions or
85.12restrictions that will limit or otherwise restrict the ability of the commissioner of natural
85.13resources to use the available funds for the most efficient and effective management of
85.14nongame wildlife. The commissioner may use funds appropriated for nongame wildlife
85.15programs for the purpose of developing, preserving, restoring, and maintaining wintering
85.16habitat for neotropical migrant birds in Latin America and the Caribbean under agreement
85.17or contract with any nonprofit organization dedicated to the construction, maintenance, and
85.18repair of such projects that are acceptable to the governmental agency having jurisdiction
85.19over the land and water affected by the projects. Under this authority, the commissioner
85.20may execute agreements and contracts if the commissioner determines that the use of the
85.21funds will benefit neotropical migrant birds that breed in or migrate through the state.
85.22 Sec. 25. Minnesota Statutes 2010, section 290.432, is amended to read:
85.23290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.
85.24A corporation that files an income tax return may designate on its original return that
85.25$1 or more shall be added to the tax or deducted from the refund that would otherwise
85.26be payable by or to that corporation and paid into the nongame wildlife management
85.27account established by section290.431 for use by the Department of Natural Resources
85.28for its nongame wildlife program. The commissioner of revenue shall, on the corporate
85.29tax return, notify filers of their right to designate that a portion of their tax return be paid
85.30into the nongame wildlife management account for the protection of endangered natural
85.31resources. All interest earned on money accrued, gifts to the program, contributions to
85.32the program, and reimbursements of expenditures in the nongame wildlife management
85.33account shall be credited to the account by the commissioner of management and budget,
85.34except that gifts or contributions received directly by the commissioner of natural
85.35resources and directed by the contributor for use in specific nongame field projects or
86.1geographic areas shall be handled according to section84.085 , subdivision 1. The
86.2commissioner of natural resources shall submit a work program for each fiscal year to
86.3the Legislative-Citizen Commission on Minnesota Resources in the form determined
86.4by the commission.
86.5The state pledges and agrees with all corporate contributors to the nongame wildlife
86.6account to use the funds contributed solely for the nongame wildlife program and further
86.7agrees that it will not impose additional conditions or restrictions that will limit or
86.8otherwise restrict the ability of the commissioner of natural resources to use the available
86.9funds for the most efficient and effective management of those programs.
86.10 Sec. 26. Minnesota Statutes 2010, section 299C.40, subdivision 1, is amended to read:
86.11 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
86.12section.
86.13(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located
86.14in the Department of Public Safety and managed by the Bureau of Criminal Apprehension.
86.15A reference in this section to "CIBRS" includes the Bureau of Criminal Apprehension.
86.16(c) "Law enforcement agency" means a Minnesota municipal police department,
86.17the Metropolitan Transit Police, the Metropolitan Airports Police, the University of
86.18Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit,
86.19a Minnesota county sheriff's department, the Enforcement Division of the Department of
86.20Natural Resources, the Bureau of Criminal Apprehension, or the Minnesota State Patrol.
86.21 Sec. 27. Minnesota Statutes 2010, section 357.021, subdivision 7, is amended to read:
86.22 Subd. 7. Disbursement of surcharges by commissioner of management and
86.23budget. (a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
86.24management and budget shall disburse surcharges received under subdivision 6 and
86.25section97A.065, subdivision 2 , as follows:
86.26 (1) one percent shall be credited to the peace officer training account in the game
86.27and fish fund to provide peace officer training for employees of the Department of Natural
86.28Resources who are licensed under sections626.84 to
626.863 , and who possess peace
86.29officer authority for the purpose of enforcing game and fish laws;
86.30 (2) 39 percent shall be credited to the peace officers training account in the special
86.31revenue fund; and
86.32 (3) 60 percent shall be credited to the general fund.
86.33 (b) The commissioner of management and budget shall credit $3 of each surcharge
86.34received under subdivision 6 and section97A.065, subdivision 2 , to the general fund.
87.1 (c) In addition to any amounts credited under paragraph (a), the commissioner of
87.2management and budget shall credit $47 of each surcharge received under subdivision 6
87.3and section97A.065, subdivision 2 , and the $12 parking surcharge, to the general fund.
87.4 (d) If the Ramsey County Board of Commissioners authorizes imposition of the
87.5additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
87.6in the Second Judicial District shall transmit the surcharge to the commissioner of
87.7management and budget. The $1 special surcharge is deposited in a Ramsey County
87.8surcharge account in the special revenue fund and amounts in the account are appropriated
87.9to the trial courts for the administration of the petty misdemeanor diversion program
87.10operated by the Second Judicial District Ramsey County Violations Bureau.
87.11 Sec. 28. Minnesota Statutes 2010, section 609.66, subdivision 1h, is amended to read:
87.12 Subd. 1h. Silencers; authorized for law enforcement and wildlife control
87.13purposes. (a) Notwithstanding subdivision 1a, paragraph (a), clause (1), licensed peace
87.14officers may use devices designed to silence or muffle the discharge of a firearm for
87.15tactical emergency response operations. Tactical emergency response operations include
87.16execution of high risk search and arrest warrants, incidents of terrorism, hostage rescue,
87.17and any other tactical deployments involving high risk circumstances. The chief law
87.18enforcement officer of a law enforcement agency that has the need to use silencing devices
87.19must establish and enforce a written policy governing the use of the devices.
87.20(b) Notwithstanding subdivision 1a, paragraph (a), clause (1),until July 1, 2011,
87.21an enforcement officer, as defined in section97A.015, subdivision 18 , a wildlife area
87.22manager, an employee designated under section84.0835 , or a person acting under contract
87.23with the commissioner of natural resources, at specific times and locations that are
87.24authorized by the commissioner of natural resources may use devices designed to silence
87.25or muffle the discharge of a firearm for wildlife control operations that require stealth.
87.26If the commissioner determines that the use of silencing devices is necessary under this
87.27paragraph, the commissioner must:
87.28(1) establish and enforce a written policy governing the use, possession, and
87.29transportation of the devices;.
87.30(2) limit the number of the silencing devices maintained by the Department of
87.31Natural Resources to no more than ten; and
87.32(3) keep direct custody and control of the devices when the devices are not
87.33specifically authorized for use.
88.1 Sec. 29. Laws 2005, chapter 156, article 2, section 45, as amended by Laws 2007,
88.2chapter 148, article 2, section 73, and Laws 2009, chapter 37, article 1, section 59, is
88.3amended to read:
88.4 Sec. 45. SALE OF STATE LAND.
88.5 Subdivision 1. State land sales. The commissioner of administration shall
88.6coordinate with the head of each department or agency having control of state-owned land
88.7to identify and sell at least $6,440,000 of state-owned land. Sales should be completed
88.8according to law and as provided in this section as soon as practicable but no later than
88.9June 30,2011 2013. Notwithstanding Minnesota Statutes, sections
16B.281 and
16B.282 ,
88.1094.09
and
94.10 , or any other law to the contrary, the commissioner may offer land
88.11for public sale by only providing notice of lands or an offer of sale of lands to state
88.12departments or agencies, the University of Minnesota, cities, counties, towns, school
88.13districts, or other public entities.
88.14 Subd. 2. Anticipated savings. Notwithstanding Minnesota Statutes, section
88.1594.16, subdivision 3
, or other law to the contrary, the amount of the proceeds from the
88.16sale of land under this section that exceeds the actual expenses of selling the land must
88.17be deposited in the general fund, except as otherwise provided by the commissioner of
88.18finance. Notwithstanding Minnesota Statutes, section94.11 or
16B.283 , the commissioner
88.19of finance may establish the timing of payments for land purchased under this section. If
88.20the total of all money deposited into the general fund from the proceeds of the sale of land
88.21under this section is anticipated to be less than $6,440,000, the governor must allocate the
88.22amount of the difference as reductions to general fund operating expenditures for other
88.23executive agencies for the biennium ending June 30,2011 2013.
88.24 Subd. 3. Sale of state lands revolving loan fund. $290,000 is appropriated from
88.25the general fund in fiscal year 2006 to the commissioner of administration for purposes
88.26of paying the actual expenses of selling state-owned lands to achieve the anticipated
88.27savings required in this section. From the gross proceeds of land sales under this section,
88.28the commissioner of administration must cancel the amount of the appropriation in this
88.29subdivision to the general fund by June 30,2011 2013.
88.30 Sec. 30. STATE TREE NURSERY PROGRAM RESTRUCTURING; REPORT
88.31REQUIRED.
88.32(a) Beginning July 1, 2011, the commissioner of natural resources shall limit all
88.33new plantings at the Baudora State Nursery to the planting of stock for research or use
88.34on public lands or private conservation lands with permanent protection. Excess plant
88.35material may be sold or traded to private wholesale nurseries.
89.1(b) By January 15, 2012, the commissioner of natural resources shall submit a budget
89.2and financial plan for the state nurseries to the chairs and ranking minority members of
89.3the house of representatives and senate committees and divisions with jurisdiction over
89.4environment and natural resources policy and finance. The plan shall include a long-term
89.5business plan to operate the Baudora State Nursery in a manner that is self-sufficient. The
89.6plan shall also include options for the General C.C. Andrews State Nursery.
89.7 Sec. 31. COORDINATION OF MINNESOTA AND WISCONSIN PHOSPHORUS
89.8STANDARD; LAKE PEPIN.
89.9The commissioner of the Pollution Control Agency shall coordinate with the
89.10Wisconsin Department of Natural Resources in establishing a phosphorus standard for
89.11Lake Pepin and shall advocate implementation of a phosphorus standard that considers
89.12nutrient impacts on algal growth applicable during the June to September growing season
89.13only. If necessary, the commissioner may engage in a conference with the Wisconsin
89.14Department of Natural Resources according to section 103 of the Clean Water Act, United
89.15States Code, title 33, section 1253, to resolve any discrepancies in the states' respective
89.16standards.
89.17 Sec. 32. WILD RICE RULEMAKING AND RESEARCH.
89.18(a) Upon completion of the research referenced in paragraph (d), the commissioner
89.19of the Pollution Control Agency shall initiate a process to amend Minnesota Rules, chapter
89.207050. The amended rule shall:
89.21(1) address water quality standards for waters containing natural beds of wild rice, as
89.22well as for irrigation waters used for the production of wild rice;
89.23(2) designate each body of water, or specific portion thereof, to which wild rice
89.24water quality standards apply; and
89.25(3) designate the specific times of year during which the standard applies.
89.26Nothing in this paragraph shall prevent the Pollution Control Agency from
89.27applying the narrative standard for all class 2 waters established in Minnesota Rules,
89.28part 7050.0150, subpart 3.
89.29(b) "Waters containing natural beds of wild rice" means waters where wild rice
89.30occurs naturally. Before designating waters containing natural beds of wild rice as waters
89.31subject to a standard, the commissioner of the Pollution Control Agency shall establish
89.32criteria for the waters after consultation with the Department of Natural Resources,
89.33Minnesota Indian tribes, and other interested parties and after public notice and comment.
90.1The criteria shall include, but not be limited to, history of wild rice harvests, minimum
90.2acreage, and wild rice density.
90.3(c) Within 30 days of the effective date of this section, the commissioner of
90.4the Pollution Control Agency must create an advisory group to provide input to the
90.5commissioner on a protocol for scientific research to assess the impacts of sulfates and
90.6other substances on the growth of wild rice, review research results, and provide other
90.7advice on the development of future rule amendments to protect wild rice. The group
90.8must include representatives of tribal governments, municipal wastewater treatment
90.9facilities, industrial dischargers, wild rice harvesters, wild rice research experts, and
90.10citizen organizations.
90.11(d) After receiving the advice of the advisory group under paragraph (c), consultation
90.12with the commissioner of natural resources, and review of all reasonably available and
90.13applicable scientific research on water quality and other environmental impacts on the
90.14growth of wild rice, the commissioner of the Pollution Control Agency shall adopt and
90.15implement a wild rice research plan using the money appropriated to contract with
90.16appropriate scientific experts. The commissioner shall periodically review the results of
90.17the research with the commissioner of natural resources and the advisory group.
90.18(e) From the date of enactment until the rule amendment under paragraph (a) is
90.19finally adopted, to the extent allowable under the federal Clean Water Act or other federal
90.20laws, the Pollution Control Agency shall exercise its authority under federal and state laws
90.21and regulations to ensure, to the fullest extent possible, that no permittee is required to
90.22expend funds for design and implementation of sulfate treatment technologies. Nothing
90.23shall prevent the Pollution Control Agency from including in a schedule of compliance a
90.24requirement to monitor sulfate concentrations in discharges and, if appropriate, based on
90.25site-specific conditions, a requirement to implement a sulfate minimization plan to avoid
90.26or minimize sulfate concentrations during periods when wild rice may be susceptible to
90.27damage.
90.28(f) If the commissioner of the Pollution Control Agency determines that amendments
90.29to Minnesota Rules are necessary to ensure that no permittee is required to expend funds
90.30for design and implementation of sulfate treatment technologies until after the rule
90.31amendment described in paragraph (a) is complete, the commissioner may use the good
90.32cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to
90.33adopt rules necessary to implement this section, and Minnesota Statutes, section 14.386,
90.34does not apply, except as provided in Minnesota Statutes, section 14.388.
90.35(g) Upon completion of the rule amendment described in paragraph (a), the
90.36Pollution Control Agency shall, if necessary, modify the discharge limits in the affected
91.1wastewater discharge permits to reflect the new standards in accordance with state and
91.2federal regulations and shall exercise its powers to enter into schedules of compliance
91.3in the permits.
91.4(h) By December 15, 2011, the commissioner of the Pollution Control Agency
91.5shall submit a report to the chairs and ranking minority members of the environment and
91.6natural resources committees of the house of representatives and senate on the status
91.7of implementation of this section. The report must include an estimated timeline for
91.8completion of the wild rice research plan and initiation and completion of the formal
91.9rulemaking process under Minnesota Statutes, chapter 14.
91.10 Sec. 33. EVALUATION REQUIRED.
91.11(a) The Pollution Control Agency, in conjunction with other water agencies and
91.12the University of Minnesota, shall evaluate water-related statutes, rules, and governing
91.13structures to streamline, strengthen, and improve sustainable water management.
91.14(b) The Pollution Control Agency must submit the study results and make
91.15recommendations to agencies listed under paragraph (a) and to the chairs and ranking
91.16minority party members of the senate and house of representatives committees having
91.17primary jurisdiction over environment and natural resources policy and finance no later
91.18than January 15, 2013.
91.19 Sec. 34. MISSISSIPPI RIVER MANAGEMENT PLAN.
91.20Notwithstanding Minnesota Rules, part 6105.0870, subpart 7, development in the
91.21area commonly known as the historic village of Dayton shall conform to the general
91.22development standards of Minnesota Rules, parts 6120.2600 to 6120.3900, except
91.23that marinas shall not be allowed and the provisions and administrative procedures of
91.24Minnesota Rules, parts 6105.0010 to 6105.0070 and 6105.0150 to 6105.0250, shall still
91.25apply.
91.26 Sec. 35. REPORT ON PAYMENT IN LIEU OF TAXES FOR STATE NATURAL
91.27RESOURCE LANDS.
91.28By December 1, 2012, the commissioner of natural resources, in cooperation with
91.29the commissioners of revenue and management and budget, and stakeholders, including
91.30representatives from affected local units of government and other interested parties, shall
91.31report to the chairs and ranking minority caucus members of the senate and house of
91.32representatives natural resources and tax policy and finance committees with recommended
91.33changes to payment in lieu of taxes for natural resource lands under Minnesota Statutes,
92.1sections 97A.061 and 477A.11 to 477A.145. The report shall include an analysis of the
92.2current payment and distribution system and any recommended changes to:
92.3(1) the purpose of the payment system and the criteria for payments;
92.4(2) the rate of payments for specific classes of natural resource lands;
92.5(3) the adequacy of current funding for payments and the impact of additional land
92.6acquisition on the funding;
92.7(4) alternative methods of reimbursing local units of governments for state natural
92.8resource lands; and
92.9(5) the formula for distribution of the payments to local units of government.
92.10 Sec. 36. REPEALER.
92.11Minnesota Statutes 2010, sections 84.027, subdivision 11; and 116P.14, are repealed.
92.12 Sec. 37. EFFECTIVE DATE; RELATIONSHIP TO OTHER
92.13APPROPRIATIONS.
92.14Unless otherwise specified, this article is effective retroactively from July 1, 2011,
92.15and supersedes and replaces funding authorized by order of the Second Judicial District
92.16Court in Case No. 62-CV-11-5203.
92.19 Section 1. Minnesota Statutes 2010, section 3.7371, is amended to read:
92.203.7371 COMPENSATION FOR CROP OR FENCE DAMAGE CAUSED BY
92.21ELK.
92.22 Subdivision 1. Authorization. Notwithstanding section3.736, subdivision 3 ,
92.23paragraph (e), or any other law, a person who owns an agricultural crop or pasture shall
92.24be compensated by the commissioner of agriculture for an agricultural crop, or fence
92.25surrounding the crop or pasture, that is damaged or destroyed by elk as provided in this
92.26section.
92.27 Subd. 2. Claim form. The crop or pasture owner must prepare a claim on forms
92.28provided by the commissioner and available at the county extension agent's office. The
92.29claim form must be filed with the commissioner.A claim form may not be filed for crop
92.30damage or destruction that occurs before June 3, 1987.
92.31 Subd. 3. Compensation. The crop owner is entitled to the target price or the
92.32market price, whichever is greater, of the damaged or destroyed crop plus adjustments
93.1for yield loss determined according to agricultural stabilization and conservation service
93.2programs for individual farms, adjusted annually, as determined by the commissioner,
93.3upon recommendation of the county extension agent for the owner's county. Verification
93.4of fence damage or destruction by elk may be provided by submitting photographs or
93.5other evidence and documentation together with a statement from an independent witness
93.6using forms prescribed by the commissioner. The commissioner, upon recommendation
93.7of the agent, shall determine whether the crop damage or destruction or damage to or
93.8destruction of a fence surrounding a crop or pasture is caused by elk and, if so, the amount
93.9of the crop or fence that is damaged or destroyed. In any fiscal year,a crop an owner
93.10may not be compensated for a damaged or destroyed crop or fence surrounding a crop
93.11or pasture that is less than $100 in value and may be compensated up to $20,000, as
93.12determined under this section, if normal harvest procedures for the area are followed. In
93.13any fiscal year, the commissioner may provide compensation for claims filed under this
93.14section up to the amount expressly appropriated for this purpose.
93.15 Subd. 4. Insurance deduction. Payments authorized by this section must be
93.16reduced by amounts received by the owner as proceeds from an insurance policy covering
93.17crop losses or damage to or destruction of a fence surrounding a crop or pasture, or from
93.18any other source for the same purpose including, but not limited to, a federal program.
93.19 Subd. 5. Decision on claims; opening land to hunting. If the commissioner finds
93.20that the crop or pasture owner has shown that the damage or destruction of the owner's
93.21crop or damage to or destruction of a fence surrounding a crop or pasture was caused more
93.22probably than not by elk, the commissioner shall pay compensation as provided in this
93.23section and the rules of the commissioner.Total compensation to all claimants shall not
93.24exceed the amount of funds appropriated for Laws 1987, chapter 373. A crop owner who
93.25receives compensation under this section may, by written permission, permit hunting
93.26on the land at the landowner's discretion.
93.27 Subd. 6. Denial of claim; appeal. (a) If the commissioner denies compensation
93.28claimed by a crop or pasture owner under this section, the commissioner shall issue a
93.29written decision based upon the available evidence including a statement of the facts upon
93.30which the decision is based and the conclusions on the material issues of the claim. A
93.31copy of the decision must be mailed to the crop or pasture owner.
93.32(b) A decision denying compensation claimed under this section is not subject to the
93.33contested case review procedures of chapter 14, but a crop or pasture owner may have
93.34the claim reviewed in a trial de novo in a court in the county where the loss occurred.
93.35The decision of the court may be appealed as in other civil cases. Review in court may
93.36be obtained by filing a petition for review with the administrator of the court within 60
94.1days following receipt of a decision under this section. Upon the filing of a petition, the
94.2administrator shall mail a copy to the commissioner and set a time for hearing within
94.390 days after the filing.
94.4 Subd. 7. Rules. The commissioner shall adopt rules and mayadopt emergency
94.5rules and amend rules to carry out this section. The commissioner may use the expedited
94.6rulemaking process in section 14.389 to adopt and amend rules authorized in this section.
94.7The rules must include:
94.8(1) methods of valuation of crops damaged or destroyed;
94.9(2) criteria for determination of the cause of the crop damage or destruction;
94.10(3) notice requirements by the owner of the damaged or destroyed crop;and
94.11(4) compensation rates for fence damage or destruction that shall include a minimum
94.12claim of $75.00 per incident and a maximum of $1,800 per claimant per fiscal year; and
94.13(5) any other matters determined necessary by the commissioner to carry out this
94.14section.
94.15 Sec. 2. Minnesota Statutes 2010, section 16C.055, subdivision 2, is amended to read:
94.16 Subd. 2. Restriction. After July 1, 2002, an agency may not enter into a contract or
94.17otherwise agree with a nongovernmental entity to receive total nonmonetary consideration
94.18valued at more than $100,000 annually in exchange for the agency providing nonmonetary
94.19consideration, unless such an agreement is specifically authorized by law. This subdivision
94.20does not apply to the State Lottery or private aquaculture businesses involved in state
94.21stocking contracts.
94.22 Sec. 3. Minnesota Statutes 2010, section 17.4982, subdivision 8, is amended to read:
94.23 Subd. 8. Containment facility. "Containment facility" means a licensed facility for
94.24salmonidsor, catfish, or species on the viral hemorrhagic septicemia (VHS) susceptible
94.25list published by the United States Department of Agriculture, Animal and Plant Health
94.26Inspection Services, that complies with clauses (1), (3), and (4), or clauses (2), (3), and (4):
94.27(1) disinfects its effluent to the standards in section17.4991 before the effluent is
94.28discharged to public waters;
94.29(2) does not discharge to public waters or to waters of the state directly connected to
94.30public waters;
94.31(3) raises aquatic life that is prohibited from being released into the wild and must be
94.32kept in a facility approved by the commissioner unless processed for food consumption;
94.33(4) contains aquatic life requiring a fish health inspection prior to transportation.
95.1 Sec. 4. Minnesota Statutes 2010, section 17.4982, is amended by adding a subdivision
95.2to read:
95.3 Subd. 10a. Fish collector. "Fish collector" means an individual who has been
95.4certified under section 17.4989 to oversee the collection of fish samples from a facility or
95.5a water body for disease testing by a certified laboratory.
95.6 Sec. 5. Minnesota Statutes 2010, section 17.4982, subdivision 12, is amended to read:
95.7 Subd. 12. Fish health inspection. (a) "Fish health inspection" means an on-site,
95.8statistically based sampling, collection, and testing of fish in accordance with processes
95.9in the Fish Health Blue Bookfor all lots of fish in a facility or the Diagnostic Manual
95.10for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE)
95.11to test for causative pathogens. The samples for inspection must be collected by a fish
95.12health inspector or a fish collector in cooperation with the producer. Testing of samples
95.13must be done by an approved laboratory.
95.14(b) The inspection for viral hemorrhagic septicemia (VHS), infectious pancreatic
95.15necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in
95.16nonsalmonids must include atleast a minimum viral testing of ovarian fluids at the 95
95.17percent confidence level of detecting two percent incidence of disease(ovarian fluids must
95.18be sampled for certification of viral hemorrhagic septicemia and infectious hematopoietic
95.19necrosis). Bacterial diseases must be sampled at the 95 percent confidence level with a
95.20five percent incidence of disease. The inspection must be performed by a fish health
95.21inspector in cooperation with the producer with subsequent examination of the collected
95.22tissues and fluids for the detection of certifiable diseases.
95.23(c) The inspection for certifiable diseases for wild fish must follow the guidelines of
95.24the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.
95.25 Sec. 6. Minnesota Statutes 2010, section 17.4982, subdivision 13, is amended to read:
95.26 Subd. 13. Fish health inspector. "Fish health inspector" means an individual
95.27certified as a fish health inspector or an aquatic animal health inspector by the American
95.28Fisheries Society or state, federal, or provincial resource management agency, except
95.29that a certification may not be made by an inspector who has a conflict of interest in
95.30connection with the outcome of the certification.
95.31 Sec. 7. [17.4989] FISH SAMPLE COLLECTING.
96.1 Subdivision 1. Training. Fish collector training may be offered by any organization
96.2or agency that has had its class and practicum syllabus approved by the commissioner.
96.3The class and practicum must include the following components:
96.4(1) accurate identification of licensed water bodies listed according to section
96.517.4984 and ensuring that collection is taking place at the correct site;
96.6(2) identification of fish internal organs;
96.7(3) fish dissection and sample preparation as identified by the Department of Natural
96.8Resources based on specific testing requirements or as outlined in the Fish Health
96.9Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the
96.10International Office of Epizootics (OIE);
96.11(4) recording and reporting data;
96.12(5) sample preparation and shipping;
96.13(6) a field collection site test to demonstrate mastery of the necessary skills, overseen
96.14by a certified fish health inspector; and
96.15(7) a certificate of successful completion signed by a certified fish health inspector
96.16on a form provided by the commissioner.
96.17 Subd. 2. Certification time period. Fish collector certification is valid for five years
96.18and is not transferable. A person may renew certification only by successfully completing
96.19certification training. Certification shall be revoked if the certified person is convicted
96.20of violating any of the statutes or rules governing testing for aquatic species diseases.
96.21Certification may be suspended during an investigation associated with misconduct or
96.22violations of fish health testing and collection. The commissioner shall notify the person
96.23that certification is being revoked or suspended.
96.24 Subd. 3. Conflict of interest. A fish collector may not oversee the collection of fish
96.25from a facility or a water body when the collector has a conflict of interest in connection
96.26with the outcome of the testing.
96.27 Sec. 8. Minnesota Statutes 2010, section 17.4991, subdivision 3, is amended to read:
96.28 Subd. 3. Fish health inspection. (a) An aquatic farm propagatingtrout, salmon,
96.29or salmonids, catfish, or species on the viral hemorrhagic septicemia (VHS) susceptible
96.30list published by the United States Department of Agriculture, Animal and Plant Health
96.31Inspection Services, and having an effluent discharge from the aquatic farm into public
96.32waters must have a fish health inspection conducted at least once every 12 months by a
96.33certified fish health inspector. Testing must be conducted according toapproved laboratory
96.34methods of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal
96.35Diseases, published by the International Office of Epizootics (OIE).
97.1(b) An aquatic farm propagating any species on the VHS susceptible list and having
97.2an effluent discharge from the aquatic farm into public waters must test for VHS virus
97.3using the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic
97.4Animal Diseases. The commissioner may, by written order published in the State Register,
97.5prescribe alternative testing time periods and methods from those prescribed in the Fish
97.6Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that
97.7biosecurity measures will not be compromised. These alternatives are not subject to the
97.8rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner
97.9must provide reasonable notice to affected parties of any changes in testing requirements.
97.10(c) Results of fish health inspections must be provided to the commissioner for all
97.11fish that remain in the state. All data used to prepare and issue a fish health certificate must
97.12be maintained for three years by the issuing fish health inspector, approved laboratory, or
97.13accredited veterinarian.
97.14(d) A health inspection fee must be charged based on each lot of fish sampled. The
97.15fee by check or money order payable to the Department of Natural Resources must be
97.16prepaid or paid at the time a bill or notice is received from the commissioner that the
97.17inspection and processing of samples is completed.
97.18(c) (e) Upon receipt of payment and completion of inspection, the commissioner
97.19shall notify the operator and issue a fish health certificate. The certification must be made
97.20according to the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal
97.21Diseases by a person certified as a fish health inspector.
97.22(d) (f) All aquatic life in transit or held at transfer stations within the state may
97.23be inspected by the commissioner. This inspection may include the collection of stock
97.24for purposes of pathological analysis. Sample size necessary for analysis will follow
97.25guidelines listed in the Fish Health Blue Book or the Diagnostic Manual for Aquatic
97.26Animal Diseases.
97.27(e) (g) Salmonids and, catfish, or species on the VHS susceptible list must have a
97.28fish health inspection before being transported from a containment facility, unless the
97.29fish are being transported directly to an outlet for processing or other food purposes or
97.30unless the commissioner determines that an inspection is not needed. A fish health
97.31inspection conducted for this purpose need only be done on the lot or lots of fish that will
97.32be transported. The commissioner must conduct a fish health inspection requested for this
97.33purpose within five working days of receiving written notice. Salmonids and catfish may
97.34be immediately transported from a containment facility to another containment facility
97.35once a sample has been obtained for a health inspection or once the five-day notice
97.36period has expired.
98.1 Sec. 9. Minnesota Statutes 2010, section 17.4992, subdivision 4, is amended to read:
98.2 Subd. 4. Sale of eggs by the state. The commissioner may offer for sale or barter
98.3as eggs or fryup to two percent of from the department's annual game fish egg harvest.
98.4Additional eggs or fry may be sold if they are surplus to this state's program needs.
98.5 Sec. 10. Minnesota Statutes 2010, section 17.4994, is amended to read:
98.617.4994 SUCKER EGGS.
98.7Sucker eggs may be taken from public waters with a sucker egg license endorsement,
98.8which authorizes sucker eggs to be taken at a rate of one quart of eggs for each 1-1/2 acres
98.9of licensed surface waters except that for intensive culture systems, sucker eggs may be
98.10taken at a rate of two quarts per 1,000 muskellunge fry being reared for the fee prescribed
98.11in section 97A.475, subdivision 29.The Taking of sucker eggs from public waters is
98.12subject to chapter 97C and may be supervised by the commissioner. The commissioner
98.13may limit the amount of sucker eggs that a person with a sucker egg license endorsement
98.14may take based on the number of sucker eggs taken historically by the licensee, new
98.15requests for eggs, and the condition of the spawning runs at those historical streams and
98.16rivers that have produced previous annual quotas.
98.17 Sec. 11. Minnesota Statutes 2010, section 84.942, subdivision 1, is amended to read:
98.18 Subdivision 1. Preparation. The commissioner of natural resources shall prepare
98.19a comprehensive fish and wildlife management plan plans designed to accomplish the
98.20policy of section84.941 . The comprehensive fish and wildlife management plan shall
98.21include a strategic plan as outlined in subdivision 2. The strategic plan must be completed
98.22by July 1, 1986. The management plan must also include the long-range and operational
98.23plans as described in subdivisions 3 and 4. The management plan must be completed by
98.24July 1, 1988.
98.25 Sec. 12. Minnesota Statutes 2010, section 84.95, subdivision 2, is amended to read:
98.26 Subd. 2. Purposes and expenditures. Money from the reinvest in Minnesota
98.27resources fund may only be spent for the following fish and wildlife conservation
98.28enhancement purposes:
98.29(1) development and implementation of thecomprehensive fish and wildlife
98.30managementplan plans under section
84.942 ;
98.31(2) implementation of the reinvest in Minnesota reserve program established by
98.32section103F.515 ;
99.1(3) soil and water conservation practices to improve water quality, reduce soil
99.2erosion and crop surpluses;
99.3(4) enhancement or restoration of fish and wildlife habitat on lakes, streams,
99.4wetlands, and public and private forest lands;
99.5(5) acquisition and development of public access sites and recreation easements to
99.6lakes, streams, and rivers for fish and wildlife oriented recreation;
99.7(6) matching funds with government agencies, federally recognized Indian tribes and
99.8bands, and the private sector for acquisition and improvement of fish and wildlife habitat;
99.9(7) research and surveys of fish and wildlife species and habitat;
99.10(8) enforcement of natural resource laws and rules;
99.11(9) information and education;
99.12(10) implementing the aspen recycling program under section88.80 and for other
99.13forest wildlife management projects; and
99.14(11) necessary support services to carry out these purposes.
99.15 Sec. 13. Minnesota Statutes 2010, section 84D.03, subdivision 4, as amended by Laws
99.162011, chapter 107, section 22, is amended to read:
99.17 Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
99.18restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
99.19stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
99.20an infested water that is designated because it contains invasive fish, invertebrates, or
99.21certifiable diseases, as defined in section17.4982 , may not be used in any other waters.
99.22If a commercial licensee operates in an infested water designated because it contains
99.23invasive fish, invertebrates, or certifiable diseases, as defined in section17.4982 , all nets,
99.24traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
99.25crayfish harvesting in waters designated as infested with invasive fish, invertebrates, or
99.26certifiable diseases, as defined in section17.4982 , must be tagged with tags provided by
99.27the commissioner, as specified in the commercial licensee's license or permit. This tagging
99.28requirement does not apply to commercial fishing equipment used in Lake Superior.
99.29(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
99.30turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
99.31contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
99.32minimum of two days before they are used in any other waters, except as provided in this
99.33paragraph. Commercial licensees must notify the department's regional or area fisheries
99.34office or a conservation officer before removing nets or equipment from an infested water
99.35designated solely because it contains Eurasian water milfoil and before resetting those
100.1nets or equipment in any other waters. Upon notification, the commissioner may authorize
100.2a commercial licensee to move nets or equipment to another water without freezing or
100.3drying, if that water is designated as infested solely because it contains Eurasian water
100.4milfoil.
100.5(c) A commercial licensee must remove all aquatic macrophytes from nets and other
100.6equipment when the nets and equipment are removed from waters of the state.
100.7(d) The commissioner shall provide a commercial licensee with a current listing of
100.8designated infested waters at the time that a license or permit is issued.
100.9(e) A person harvesting aquatic life from waters of the state for the purpose of
100.10transporting and stocking shall transport the aquatic life to a holding facility. The aquatic
100.11life shall remain in the holding facility for at least ten hours and be examined for the
100.12presence of invasive species.
100.13(f) This subdivision applies to the state and its departments and agencies.
100.14 Sec. 14. Minnesota Statutes 2010, section 84D.11, subdivision 2a, as amended by
100.15Laws 2011, chapter 107, section 29, is amended to read:
100.16 Subd. 2a. Harvest of bait from infested waters. (a) The commissioner may issue a
100.17permit to allow the harvest of bait:
100.18(1) from waters that are designated as infested waters, except those designated
100.19because they contain prohibited invasive species of fish or certifiable diseases of fish as
100.20defined in section 17.4982, subdivision 6; and
100.21(2) from infested waters as allowed under section 97C.341, paragraph (c).
100.22 The permit shall include conditions necessary to avoid spreading aquatic invasive
100.23species.
100.24 (b) Before receiving a permit, or working for a permittee, a person annually
100.25must satisfactorily complete aquatic invasive species-related training provided by the
100.26commissioner.
100.27EFFECTIVE DATE.This section is effective the day following final enactment.
100.28 Sec. 15. Minnesota Statutes 2010, section 97A.015, subdivision 24, is amended to read:
100.29 Subd. 24. Game birds. "Game birds" means migratory waterfowl, ring-necked
100.30pheasant, ruffed grouse, sharp-tailed grouse, Canada spruce grouse, prairie chickens, gray
100.31partridge, bobwhite quail, wild turkeys, coots, gallinules, sora and Virginia rails, mourning
100.32dove, sandhill crane, American woodcock, and common snipe.
100.33 Sec. 16. Minnesota Statutes 2010, section 97A.015, subdivision 45, is amended to read:
101.1 Subd. 45. Small game. "Small game" means game birds, gray squirrel, fox squirrel,
101.2cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, gray wolf, red fox
101.3and gray fox, fisher, pine marten, opossum, badger, cougar, wolverine, muskrat, mink,
101.4otter, and beaver.
101.5 Sec. 17. Minnesota Statutes 2010, section 97A.015, subdivision 49, is amended to read:
101.6 Subd. 49. Undressed bird. "Undressed bird" means:
101.7(1) a bird, excludingmigratory waterfowl, pheasant, Hungarian partridge, turkey, or
101.8grouse ducks, with feet and a fully feathered head wing intact;
101.9(2) amigratory waterfowl, excluding geese, duck with a fully feathered wing and
101.10head attached; or
101.11(3) a pheasant, Hungarian partridge, or wild turkey, or grouse with one leg and foot
101.12or the fully feathered head or wing intact; or
101.13(4) a goose with a fully feathered wing attached.
101.14 Sec. 18. Minnesota Statutes 2010, section 97A.015, subdivision 52, is amended to read:
101.15 Subd. 52. Unprotected birds. "Unprotected birds" means English sparrow,
101.16blackbird, starling, magpie, cormorant, common pigeon, Eurasian collared dove, chukar
101.17partridge, quail other than bobwhite quail, and mute swan.
101.18 Sec. 19. Minnesota Statutes 2010, section 97A.015, subdivision 55, is amended to read:
101.19 Subd. 55. Wild animals. "Wild animals" means allliving creatures, whether dead or
101.20alive, not human, wild by nature, endowed with sensation and power of voluntary motion,
101.21and includes mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks.
101.22EFFECTIVE DATE.This section is effective the day following final enactment.
101.23 Sec. 20. Minnesota Statutes 2010, section 97A.028, subdivision 3, is amended to read:
101.24 Subd. 3. Emergency deterrent materials assistance. (a) For the purposes of
101.25this subdivision, "cooperative damage management agreement" means an agreement
101.26between a landowner or tenant and the commissioner that establishes a program for
101.27addressing the problem of destruction of the landowner's or tenant's specialty crops or
101.28stored forage crops by wild animals,or destruction of agricultural crops by flightless
101.29Canada geese, or destruction of agricultural crops or pasture by elk within the native elk
101.30range, as determined by the commissioner.
101.31 (b) A landowner or tenant may apply to the commissioner for emergency deterrent
101.32materials assistance in controlling destruction of the landowner's or tenant's specialty
102.1crops or stored forage crops by wild animals,or destruction of agricultural crops by
102.2flightless Canada geese, or destruction of agricultural crops or pasture by elk within the
102.3native elk range, as determined by the commissioner. Subject to the availability of money
102.4appropriated for this purpose, the commissioner shall provide suitable deterrent materials
102.5when the commissioner determines that:
102.6 (1) immediate action is necessary to prevent significant damage from continuing; and
102.7 (2) a cooperative damage management agreement cannot be implemented
102.8immediately.
102.9 (c) A person may receive emergency deterrent materials assistance under this
102.10subdivision more than once, but the cumulative total value of deterrent materials provided
102.11to a person, or for use on a parcel, may not exceed$3,000 $5,000 for specialty crops,
102.12$750 $1,500 for protecting stored forage crops other than silage or grain, $3,000 for stored
102.13silage or grain, or$500 $1,000 for agricultural crops damaged by flightless Canada geese.
102.14The value of deterrent materials provided to a person to help protect stored forage crops,
102.15agricultural crops, or pasture from damage by elk may not exceed $5,000. If a person is a
102.16co-owner or cotenant with respect to thespecialty crops for which the deterrent materials
102.17are provided, the deterrent materials are deemed to be "provided" to the person for the
102.18purposes of this paragraph.
102.19 (d) As a condition of receiving emergency deterrent materials assistance under this
102.20subdivision, a landowner or tenant shall enter into a cooperative damage management
102.21agreement with the commissioner. Deterrent materials provided by the commissioner may
102.22include repellents, fencing materials, or other materials recommended in the agreement
102.23to alleviate the damage problem. If requested by a landowner or tenant, any fencing
102.24materials provided must be capable of providing long-term protection of specialty crops.
102.25A landowner or tenant who receives emergency deterrent materials assistance under
102.26this subdivision shall comply with the terms of the cooperative damage management
102.27agreement.
102.28 Sec. 21. Minnesota Statutes 2010, section 97A.075, subdivision 6, is amended to read:
102.29 Subd. 6. Walleye stamp.(a) Revenue from walleye stamps must be credited to the
102.30walleye stamp account. Money in the account must be used only for stockingwalleye
102.31walleyes purchased from the private sector in waters of the stateand related activities.
102.32(b) Money in the account may not be used for costs unless they are directly related to
102.33a specific body of water under paragraph (a), or for costs associated with supplies and
102.34equipment to implement walleye stocking activities under paragraph (a).
103.1 Sec. 22. Minnesota Statutes 2010, section 97A.101, subdivision 3, is amended to read:
103.2 Subd. 3. Fishing may not be restricted. Seasons or methods of taking fish other
103.3than minnows may not be restricted under this section.
103.4 Sec. 23. Minnesota Statutes 2010, section 97A.311, subdivision 5, is amended to read:
103.5 Subd. 5. Refunds. (a) The commissioner may issue a refund on a license, not
103.6including any issuing fees paid under section97A.485, subdivision 6 , if the request is
103.7received within 90 days of the original license purchase and:
103.8 (1) the licensee dies before the opening of the licensed season. The original license
103.9and a copy of the death certificate must be provided to the commissioner;
103.10 (2) the licensee is unable to participate in the licensed activity because the licensee is
103.11called to active military duty or military leave is canceled during the entire open season of
103.12the licensed activity. The original license and a copy of the military orders or notice of
103.13cancellation of leave must be provided to the commissioner;or
103.14 (3) the licensee purchased two licenses for the same license season in error.; or
103.15(4) the licensee was not legally required to purchase the license to participate
103.16in the activity.
103.17 (b) This subdivision does not apply to lifetime licenses.
103.18 Sec. 24. Minnesota Statutes 2010, section 97A.321, subdivision 1, is amended to read:
103.19 Subdivision 1. Owner responsibility; penalty amount. The owner of a dog that
103.20pursues but does not kill or mortally wound a big game animal is subject to a civil penalty
103.21of $100 for each violation. The owner of a dog that kills or mortally wounds a big game
103.22animal is subject to a civil penalty of $500 for each violation.
103.23 Sec. 25. Minnesota Statutes 2010, section 97A.331, is amended by adding a
103.24subdivision to read:
103.25 Subd. 4a. Hunting big game while under revocation. Notwithstanding section
103.2697A.421, subdivision 7, a person who takes big game during the time the person is
103.27prohibited from obtaining a license to take big game under section 97A.421 is guilty
103.28of a gross misdemeanor.
103.29 Sec. 26. Minnesota Statutes 2010, section 97A.405, subdivision 2, is amended to read:
103.30 Subd. 2. Personal possession. (a) A person acting under a license or traveling from
103.31an area where a licensed activity was performed must have in personal possession either:
103.32(1) the proper license, if the license has been issued to and received by the person; or (2)
104.1the proper license identification number or stamp validation, if the license has been sold to
104.2the person by electronic means but the actual license has not been issued and received.
104.3 (b) If possession of a license or a license identification number is required, a person
104.4must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper
104.5license if the license has been issued to and received by the person; or (2) the proper
104.6license identification number or stamp validation and a valid state driver's license, state
104.7identification card, or other form of identification provided by the commissioner, if the
104.8license has been sold to the person by electronic means but the actual license has not been
104.9issued and received. A person charged with violating the license possession requirement
104.10shall not be convicted if the person produces in court or the office of the arresting officer,
104.11the actual license previously issued to that person, which was valid at the time of arrest,
104.12or satisfactory proof that at the time of the arrest the person was validly licensed. Upon
104.13request of a conservation officer or peace officer, a licensee shall write the licensee's name
104.14in the presence of the officer to determine the identity of the licensee.
104.15 (c) If the actual license has been issued and received, a receipt for license fees, a
104.16copy of a license, or evidence showing the issuance of a license, including the license
104.17identification number or stamp validation, does not entitle a licensee to exercise the rights
104.18or privileges conferred by a license.
104.19 (d) A license issued electronically and not immediately provided to the licensee
104.20shall be mailed to the licensee within 30 days of purchase of the license. A pictorial
104.21migratory waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to
104.22the licensee after purchase of a stamp validation only if the licensee pays an additional$2
104.23fee that covers the costs of producing and mailing a pictorial stamp. A pictorial turkey
104.24stamp may be purchased for a$2 fee. that covers the costs of producing and mailing the
104.25pictorial stamp. Notwithstanding section 16A.1283, the commissioner may, by written
104.26order published in the State Register, establish fees for providing the pictorial stamps.
104.27The fees must be set in an amount that does not recover significantly more or less than
104.28the cost of producing and mailing the stamps. The fees are not subject to the rulemaking
104.29provisions of chapter 14, and section 14.386 does not apply.
104.30 Sec. 27. Minnesota Statutes 2010, section 97A.415, subdivision 2, is amended to read:
104.31 Subd. 2. Transferprohibited. A person may not lend, transfer, borrow, or solicit
104.32a license or permit, license identification number, application for a license or permit,
104.33coupon, tag, or seal, or use a license, permit, license identification number, coupon, tag,
104.34or seal not issued to the person unless otherwise expressly authorized. A person may
104.35transfer a license, as prescribed by the commissioner, for use by a person with a severe
105.1disability or critical illness who is participating in a hunting or fishing program sponsored
105.2by a nonprofit organization.
105.3 Sec. 28. Minnesota Statutes 2010, section 97A.425, subdivision 3, is amended to read:
105.4 Subd. 3. Reports. Except for persons licensed to mount specimens of wild
105.5animals, an annual report covering the preceding license year must be submitted to the
105.6commissioner by March 15. The commissioner may require other reports for statistical
105.7purposes. The reports must be on forms supplied or approved by the commissioner.
105.8 Sec. 29. Minnesota Statutes 2010, section 97A.433, is amended by adding a
105.9subdivision to read:
105.10 Subd. 5. Mandatory separate selection. The commissioner must conduct
105.11a separate selection for 20 percent of the elk licenses to be issued each year. Only
105.12individuals who have applied at least ten times for an elk license and who have never
105.13received a license are eligible for this separate selection.
105.14 Sec. 30. Minnesota Statutes 2010, section 97A.435, subdivision 1, is amended to read:
105.15 Subdivision 1.Number of licenses to be issued License issuance. The
105.16commissioner shall include ina rule setting the dates for a turkey season the number of
105.17licenses to be issued rules setting turkey seasons the methods for issuing licenses for
105.18those seasons.
105.19 Sec. 31. Minnesota Statutes 2010, section 97A.445, subdivision 1a, is amended to read:
105.20 Subd. 1a. Angling in a state park. (a) A resident may take fish by angling without
105.21an angling license:
105.22(1) when shore fishing or wading on state-owned land within a state park.; or
105.23(2) when angling from a boat or float, this subdivision applies only to those or
105.24through the ice on water bodies completely encompassed within the statutory boundary of
105.25the state park.
105.26(b) The exemption from an angling license does not apply to waters where a trout
105.27stamp is required.
105.28 Sec. 32. Minnesota Statutes 2010, section 97A.465, subdivision 5, is amended to read:
105.29 Subd. 5. Preference to service members. (a) For purposes of this subdivision:
105.30(1) "qualified service member or veteran" means a Minnesota resident who:
106.1(i) is currently serving, or has served at any time during the past 24 months, in active
106.2service as a member of the United States armed forces, including the National Guard or
106.3other military reserves;
106.4(ii) has received a Purple Heart medal for qualifying military service, as shown by
106.5official military records; or
106.6(iii) has a service-connected disability rated at 100 percent as defined by the United
106.7States Department of Veterans Affairs; and
106.8(2) "active service" means service defined under section190.05, subdivision 5b or 5c.
106.9(b) Notwithstanding any other provision of this chapter, chapter 97B or 97C, or
106.10administrative rules, the commissioner may give first preference to qualified service
106.11members or veterans in any drawing or lottery involving the selection of applicants for
106.12hunting or fishing licenses, permits, and special permits. This subdivision does not
106.13apply to licenses or permits for taking moose, elk, or prairie chickens. Actions of the
106.14commissioner under this subdivision are not rules under the Administrative Procedure Act
106.15and section14.386 does not apply.
106.16 Sec. 33. Minnesota Statutes 2010, section 97A.475, subdivision 7, is amended to read:
106.17 Subd. 7. Nonresident fishing. (a) Fees for the following licenses, to be issued
106.18to nonresidents, are:
106.19 (1) to take fish by angling, $37.50;
106.20 (2) to take fish by angling limited to seven consecutive days selected by the licensee,
106.21$26.50;
106.22 (3) to take fish by angling for a 72-hour period selected by the licensee, $22;
106.23 (4) to take fish by angling for a combined license for a family for one or both parents
106.24and dependent children under the age of 16, $50.50;
106.25 (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50;
106.26 (6) to take fish by angling for a combined license for a married couple, limited to 14
106.27consecutive days selected by one of the licensees, $38.50; and
106.28(7) to take fish by spearing from a dark house, $37.50.
106.29 (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
106.30issued under paragraph (a), clause (5), and licenses purchased at the resident fee by
106.31nonresidents under age 16 under section 97A.451, subdivision 5, paragraph (b). An
106.32additional commission may not be assessed on this surcharge.
106.33 Sec. 34. Minnesota Statutes 2010, section 97A.502, is amended to read:
106.3497A.502 DEER KILLED BY MOTOR VEHICLES.
107.1(a) Deer killed by a motor vehicle on a public road must be removed by the road
107.2authority, as defined by section160.02, subdivision 25 , unless the driver of the motor
107.3vehicle is allowed to possess the deer under paragraph (b). The commissioner of natural
107.4resources must provide to all road authorities standard forms for statistical purposes and
107.5the tracking of wild animals.
107.6(b) The driver of a motor vehicle that has collided with and killed a deer on a public
107.7road has priority for a possession permit for the entire deer if the facts indicate that the
107.8deer was not taken illegally.
107.9 Sec. 35. Minnesota Statutes 2010, section 97A.505, subdivision 2, is amended to read:
107.10 Subd. 2. Possession of unlawful animals brought into state prohibited. (a) A
107.11person may not possess a wild animal that has been unlawfully taken, bought, sold, or
107.12possessed outside the state, or unlawfully shipped into the state.
107.13(b) When entering the state from Canada, a person who possesses fish that were
107.14unlawfully taken or possessed under paragraph (a) may be charged in the same manner as
107.15for possessing fish that were unlawfully taken or possessed in the state.
107.16 Sec. 36. Minnesota Statutes 2010, section 97A.545, subdivision 5, is amended to read:
107.17 Subd. 5. Birds must be in undressed condition; exceptions. (a) Except as
107.18provided in paragraph (b), a person may ship or otherwise transport game birds in an
107.19undressed condition only.
107.20(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported:
107.21(1) were taken on a shooting preserve and are marked or identified in accordance
107.22with section97A.121, subdivision 5 ;
107.23(2) were taken, dressed, and lawfully shipped or otherwise transported in another
107.24state;or
107.25(3) are migratory game birds that were lawfully tagged and packed by a federally
107.26permitted migratory bird preservation facility.; or
107.27(4) are doves shipped or transported in accordance with federal law.
107.28 Sec. 37. [97B.0215] PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
107.29A parent or legal guardian of a minor may not knowingly direct, allow, or permit
107.30the minor to hunt without the required license, permit, training, or certification, or in
107.31violation of the game and fish laws.
107.32 Sec. 38. Minnesota Statutes 2010, section 97B.022, subdivision 2, is amended to read:
108.1 Subd. 2. Apprentice hunter validation requirements. A resident born after
108.2December 31, 1979, who is age 12 orolder over and who does not possess a hunter
108.3education firearms safety certificate may be issued an apprentice hunter validation. An
108.4apprentice hunter validationis valid for only one may be purchased two license year years
108.5in a lifetime and used to obtain hunting licenses during the same license year that the
108.6validation is purchased. An individual in possession of an apprentice hunter validation
108.7may hunt small gameand, deer, and bear only when accompanied by an adult licensed to
108.8hunt in Minnesota whose license was not obtained using an apprentice hunter validation.
108.9An apprentice hunter validation holder must obtain all required licenses and stamps.
108.10 Sec. 39. Minnesota Statutes 2010, section 97B.031, subdivision 5, is amended to read:
108.11 Subd. 5. Scopes; visually impaired hunters. (a) Notwithstanding any other law
108.12to the contrary, the commissioner may issue a special permit, without a fee, to use a
108.13muzzleloader with a scope to take deer during the muzzleloader season to a person who
108.14obtains the required licenses and who has a visual impairment. The scope may not have
108.15magnification capabilities.
108.16(b) The visual impairment must be to the extent that the applicant is unable to
108.17identify targets and the rifle sights at the same time without a scope. The visual impairment
108.18and specific conditions must be established by medical evidence verified in writing by
108.19(1) a licensed physician, or a certified nurse practitioner or certified physician assistant
108.20acting under the direction of a licensed physician; (2) a licensed ophthalmologist,; or (3)
108.21a licensed optometrist. The commissioner may request additional information from the
108.22physician if needed to verify the applicant's eligibility for the permit.
108.23(c) A permit issued under this subdivision may be valid for up to five years, based
108.24on the permanence of the visual impairment as determined by the licensed physician,
108.25ophthalmologist, or optometrist.
108.26(d) The permit must be in the immediate possession of the permittee when hunting
108.27under the special permit.
108.28(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
108.29this subdivision for cause, including a violation of the game and fish laws or rules.
108.30(f) A person who knowingly makes a false application or assists another in making
108.31a false application for a permit under this subdivision is guilty of a misdemeanor. A
108.32physician, certified nurse practitioner, certified physician assistant, ophthalmologist, or
108.33optometrist who fraudulently certifies to the commissioner that a person is visually
108.34impaired as described in this subdivision is guilty of a misdemeanor.
109.1 Sec. 40. Minnesota Statutes 2010, section 97B.041, is amended to read:
109.297B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED
109.3IN DEER ZONES.
109.4 (a) A person may not possess a firearm or ammunition outdoors during the period
109.5beginning the fifth day before the open firearms season and ending the second day after
109.6the close of the season within an area where deer may be taken by a firearm, except:
109.7 (1) during the open season and in an area where big game may be taken, a firearm
109.8and ammunition authorized for taking big game in that area may be used to take big game
109.9in that area if the person has a valid big game license in possession;
109.10 (2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle;
109.11 (3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot
109.12or steel shot;
109.13 (4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber,
109.14including .22 magnum caliber cartridges;
109.15 (5) handguns possessed by a person authorized to carry a handgun under sections
109.16624.714
and
624.715 for the purpose authorized; and
109.17 (6) on a target range operated under a permit from the commissioner.
109.18 (b) This section does not apply during an open firearms season in an area where deer
109.19may be taken only by muzzleloader, except that muzzleloading firearms lawful for the
109.20taking of deer may be possessed only by persons with a valid license to take deer by
109.21muzzleloader duringthat the muzzleloader season. While muzzleloader hunting, a person
109.22with a valid license to take deer by muzzleloader may not possess a firearm other than:
109.23(1) a muzzleloader that is legal for taking deer under section 97B.031, subdivision
109.241; and
109.25(2) a firearm as described in paragraph (a), clauses (2) to (5).
109.26 Sec. 41. Minnesota Statutes 2010, section 97B.045, subdivision 3, is amended to read:
109.27 Subd. 3. Exceptions; hunting and shooting ranges. (a) Notwithstanding
109.28provisions to the contrary under this chapter, a person may transport an unloaded, uncased
109.29firearm, excluding a pistol as defined in paragraph (b), in a motor vehicle while at a
109.30shooting range, as defined under section87A.01, subdivision 3 , where the person has
109.31received permission from the lawful owner or possessor to discharge firearms; lawfully
109.32hunting on private or public land; or travelling to or from a site the person intends to hunt
109.33lawfully that day or has hunted lawfully that day, unless:
109.34(1) within Anoka, Hennepin, or Ramsey County;
110.1(2) within an area where the discharge of a firearm has been prohibited under section
110.2471.633;
110.3(3) (2) within the boundaries of a home rule charter or statutory city with a
110.4population of 2,500 or more;
110.5(4) (3) on school grounds; or
110.6(5) (4) otherwise restricted under section
97A.091 ,
97B.081 , or
97B.086 .
110.7(b) For the purposes of this section, a "pistol" includes a weapon designed to be fired
110.8by the use of a single hand and with an overall length less than 26 inches, or having a
110.9barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel
110.10of a length less than 16 inches in the case of a rifle:
110.11(1) from which may be fired or ejected one or more solid projectiles by means
110.12of a cartridge or shell or by the action of an explosive or the igniting of flammable or
110.13explosive substances; or
110.14(2) for which the propelling force is a spring, elastic band, carbon dioxide, air or
110.15other gas, or vapor.
110.16Pistol does not include a device firing or ejecting a shot measuring .18 of an inch, or less,
110.17in diameter and commonly known as a "BB gun," a scuba gun, a stud gun or nail gun used
110.18in the construction industry, or children's pop guns or toys.
110.19 Sec. 42. Minnesota Statutes 2010, section 97B.055, subdivision 3, is amended to read:
110.20 Subd. 3. Hunting from vehicle by disabled hunters. (a) The commissioner may
110.21issue a special permit, without a fee, to discharge a firearm or bow and arrow from a
110.22stationary motor vehicle to a person who obtains the required licenses and who has a
110.23permanent physical disability that is more substantial than discomfort from walking. The
110.24permit recipient must be:
110.25(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
110.26other mechanical support or prosthetic device; or
110.27(2) unable to walk any distance because of a permanent lung, heart, or other internal
110.28disease that requires the person to use supplemental oxygen to assist breathing.
110.29(b) The permanent physical disability must be established by medical evidence
110.30verified in writing by a licensed physicianor, chiropractor, or certified nurse practitioner
110.31or certified physician assistant acting under the direction of a licensed physician. The
110.32commissioner may request additional information from the physician or chiropractor
110.33if needed to verify the applicant's eligibility for the permit. Notwithstanding section
110.3497A.418
, the commissioner may, in consultation with appropriate advocacy groups,
110.35establish reasonable minimum standards for permits to be issued under this section. In
111.1addition to providing the medical evidence of a permanent disability, the applicant must
111.2possess a valid disability parking certificate authorized by section169.345 or license
111.3plates issued under section168.021 .
111.4(c) A person issued a special permit under this subdivision and hunting deer may
111.5take a deer of either sex, except in those antlerless permit areas and seasons where no
111.6antlerless permits are offered. This subdivision does not authorize another member of a
111.7party to take an antlerless deer under section97B.301, subdivision 3 .
111.8(d) A permit issued under this subdivision is valid for five years.
111.9(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
111.10this section for cause, including a violation of the game and fish laws or rules.
111.11(f) A person who knowingly makes a false application or assists another in making a
111.12false application for a permit under this section is guilty of a misdemeanor. A physician,
111.13certified nurse practitioner, certified physician assistant, or chiropractor who fraudulently
111.14certifies to the commissioner that a person is permanently disabled as described in this
111.15section is guilty of a misdemeanor.
111.16(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for
111.17the entire life of the applicant if the commissioner determines that there is no chance
111.18that an applicant will become ineligible for a permit under this section and the applicant
111.19requests a lifetime permit.
111.20 Sec. 43. Minnesota Statutes 2010, section 97B.075, is amended to read:
111.2197B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
111.22 (a) A person may not take protected wild animals, except raccoon and fox, with
111.23a firearm between the evening and morning times established by commissioner's rule,
111.24except as provided in this section.
111.25 (b) Big game may be taken from one-half hour before sunrise until one-half hour
111.26after sunset.
111.27 (c) Except as otherwise prescribed by the commissioner on or before the Saturday
111.28nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
111.29during the entire season prescribed by the commissioner.On the opening day of the duck
111.30season, shooting hours for migratory game birds, except woodcock, begin at 9:00 a.m.
111.31 Sec. 44. Minnesota Statutes 2010, section 97B.106, subdivision 1, is amended to read:
111.32 Subdivision 1. Qualifications for crossbow permits. (a) The commissioner may
111.33issue a special permit, without a fee, to take big game, small game, or rough fish with a
111.34crossbow to a person that is unable to hunt or take rough fish by archery because of a
112.1permanent or temporary physical disability. A crossbow permit issued under this section
112.2also allows the permittee to use a bow with a mechanical device that draws, releases, or
112.3holds the bow at full draw as provided in section97B.035, subdivision 1 , paragraph (a).
112.4 (b) To qualify for a crossbow permit under this section, a temporary disability
112.5must render the person unable to hunt or fish by archery for a minimum of two years
112.6after application for the permit is made. The permanent or temporary disability must
112.7be established by medical evidence, and the inability to hunt or fish by archery for the
112.8required period of time must be verified in writing by (1) a licensed physician or a certified
112.9nurse practitioner or certified physician assistant acting under the direction of a licensed
112.10physician; or (2) a licensed chiropractor. A person who has received a special permit
112.11under this section because of a permanent disability is eligible for subsequent special
112.12permits without providing medical evidence and verification of the disability.
112.13 (c) The person must obtain the appropriate license.
112.14 Sec. 45. Minnesota Statutes 2010, section 97B.211, subdivision 1, is amended to read:
112.15 Subdivision 1. Possession of firearms prohibited. (a) A person may not take deer
112.16by archery while in possession of a firearm.
112.17(b) Paragraph (a) does not apply to a person carrying a handgun in compliance
112.18with section 624.714.
112.19 Sec. 46. Minnesota Statutes 2010, section 97B.325, is amended to read:
112.2097B.325 DEER STAND RESTRICTIONS.
112.21A person may not take deer from a constructed platform or other structure that is
112.22located within the right-of-way of an improved public highwayor is higher than 16 feet
112.23above the ground. The height restriction does not apply to a portable stand that is chained,
112.24belted, clamped, or tied with rope.
112.25 Sec. 47. Minnesota Statutes 2010, section 97B.405, is amended to read:
112.2697B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
112.27 (a) The commissioner may limit the number of persons that may hunt bear in an
112.28area, if it is necessary to prevent an overharvest or improve the distribution of hunters.
112.29The commissioner may establish, by rule, a method, including a drawing, to impartially
112.30select the hunters for an area. The commissioner shall give preference to hunters that have
112.31previously applied and have not been selected.
112.32 (b)In the case of a drawing, the commissioner shall allow a person to apply for a
112.33permit in more than one area at the same time and rank the person's choice of area. A
113.1person selected through a drawing must purchase a license by August 1. Any remaining
113.2available licenses not purchased shall be issued to any eligible person as prescribed by
113.3the commissioner on a first-come, first-served basis beginning three business days after
113.4August 1.
113.5EFFECTIVE DATE.This section is effective the day following final enactment.
113.6 Sec. 48. Minnesota Statutes 2010, section 97B.425, is amended to read:
113.797B.425 BAITING BEARS.
113.8 Notwithstanding section609.68 , a person may place bait to take bear and must
113.9display a tag at each site where bait is placed and register the sites. The commissioner
113.10shall prescribe the method of tagging and registering the sites. The tag displayed at each
113.11site where bait is placed must containidentification information: (1) the licensee's name
113.12and address; (2) the licensee's driver's license number; or (3) the "MDNR#" license
113.13identification number issued to the licensee for a licensed bear hunter or a licensed bear
113.14outfitter. A person must have the license identification number of the person with the bear
113.15license in their possession or be a licensed bear outfitter while attending a bear bait station.
113.16To attract bear a person may not use a bait with:
113.17 (1) a carcass from a mammal, if the carcass contains more than 25 percent of the
113.18intact carcass;
113.19 (2) meat from mammals, if the meat contains bones;
113.20 (3) bones of mammals;
113.21 (4) solid waste containing bottles, cans, plastic, paper, or metal;
113.22 (5) materials that are not readily biodegradable; or
113.23 (6) any part of a swine, except cured pork.
113.24 Sec. 49. [97B.4251] BAITING BEAR; USE OF DRUM.
113.25Notwithstanding section 97B.425, a private landowner or person authorized by the
113.26private landowner may use a drum to bait bear on the person's private land. The drum
113.27must be securely chained or cabled to a tree so that it cannot be moved from the site by a
113.28bear and the drum may not include a mechanical device for dispensing feed. The drum
113.29must be marked as provided in section 97B.425. For purposes of this section, "drum"
113.30means a 30 gallon or larger drum.
113.31 Sec. 50. Minnesota Statutes 2010, section 97B.515, is amended by adding a
113.32subdivision to read:
114.1 Subd. 4. Taking elk causing damage or nuisance. The commissioner may
114.2authorize licensed hunters to take elk that are causing damage or nuisance from August
114.315 to March 1 under rules prescribed by the commissioner. The commissioner may issue
114.4licenses to hunters impartially selected from a list of elk hunt applicants who indicated on
114.5their application that they would be interested and available to respond to an elk damage
114.6or nuisance situation. Notwithstanding section 97A.433, subdivision 2, clause (2), a
114.7person receiving a license to hunt elk under this subdivision does not lose eligibility
114.8for future elk hunts.
114.9 Sec. 51. Minnesota Statutes 2010, section 97B.645, subdivision 9, is amended to read:
114.10 Subd. 9. Open season. There shall be no open season for gray wolvesfor five years
114.11until after the gray wolf is delisted under the federal Endangered Species Act of 1973.
114.12After that time, the commissioner may prescribe open seasons and restrictions for taking
114.13gray wolves but must provide opportunity for public comment.
114.14 Sec. 52. Minnesota Statutes 2010, section 97B.667, is amended to read:
114.1597B.667 REMOVAL OF BEAVERS, BEAVER DAMS, AND LODGES BY
114.16ROAD AUTHORITIES.
114.17When a drainage watercourse is impaired by a beaver dam and the water damages
114.18or threatens to damage a public road, the road authority, as defined in section160.02,
114.19subdivision 25 , may remove the impairment and any associated beaver lodge within 300
114.20feet of the road. Notwithstanding any law to the contrary, the road authority may kill or
114.21arrange to have killed by any lawful means a beaver associated with the lodge. Before
114.22killing or arranging to kill a beaver under this section, the road authority must contact a
114.23conservation officer for a special beaver permit. The conservation officer must issue the
114.24permit for any beaver subject to this section. A road authority that kills or arranges to
114.25have killed a beaver under this section must notify a conservation officer or the officer's
114.26designee as specified in the permit within ten days after the animal is killed. A road
114.27authority may, after consultation with the Wildlife Division and the Board of Water and
114.28Soil Resources, implement a local beaver control program designed to reduce the number
114.29of incidents of beaver interfering with or damaging a public road. The local control
114.30program may include the offering of a bounty for the lawful taking of beaver.
114.31 Sec. 53. Minnesota Statutes 2010, section 97B.803, is amended to read:
114.3297B.803 MIGRATORY WATERFOWL SEASONS AND LIMITS.
115.1(a) The commissioner shall prescribe seasons, limits, and areas for taking migratory
115.2waterfowl in accordance with federal law.
115.3(b) The regular duck season may not open before the Saturday closest to October 1.
115.4 Sec. 54. Minnesota Statutes 2010, section 97C.005, subdivision 3, is amended to read:
115.5 Subd. 3. Seasons, limits, and other rules. The commissioner may, in accordance
115.6with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14,
115.7establish open seasons, limits, methods, and other requirements for taking fish on special
115.8management waters. The commissioner may, by written order published in the State
115.9Register, amend daily, possession, or size limits to make midseason adjustments based
115.10on available harvest, angling pressure, and population data to manage the fisheries in the
115.111837 Ceded Territory in compliance with the court orders in Mille Lacs Band of Chippewa
115.12v. Minnesota, 119 S. Ct. 1187 (1999). The midseason adjustments in daily, possession, or
115.13size limits are not subject to the rulemaking provisions of chapter 14 and section 14.386
115.14does not apply. Before the written order is effective, the commissioner shall attempt to
115.15notify persons or groups of persons affected by the written order by public announcement,
115.16posting, and other appropriate means as determined by the commissioner.
115.17EFFECTIVE DATE.This section is effective the day following final enactment.
115.18 Sec. 55. [97C.007] NORTHERN PIKE EXPERIMENTAL AND SPECIAL
115.19MANAGEMENT WATERS.
115.20The combined number of lakes designated for northern pike under sections 97C.001
115.21and 97C.005 may not exceed 100 at one time. Until November 1, 2021, the designated
115.22lakes must be selected from the lakes identified in rules adopted under sections 97C.001
115.23and 97C.005 with northern pike slot limits effective on January 1, 2011. A designation
115.24under this section must continue for at least ten years, at which time the commissioner shall
115.25determine, based on scientific studies, whether the designation should be discontinued.
115.26EFFECTIVE DATE.This section is effective November 1, 2011.
115.27 Sec. 56. Minnesota Statutes 2010, section 97C.081, subdivision 3, is amended to read:
115.28 Subd. 3. Contests requiring a permit. (a) Unless subdivision 3a applies, a person
115.29must have a permit from the commissioner to conduct a fishing contestthat does not meet
115.30the criteria in subdivision 2. if:
115.31(1) there are more than 25 boats for open water contests, more than 150 participants
115.32for ice fishing contests, or more than 100 participants for shore fishing contests;
116.1(2) entry fees are more than $25 per person; or
116.2(3) the contest is limited to trout species.
116.3(b) The commissioner shall charge a fee for the permit that recovers the costs of
116.4issuing the permit and of monitoring the activities allowed by the permit. Notwithstanding
116.5section16A.1283 , the commissioner may, by written order published in the State Register,
116.6establish contest permit fees. The fees are not subject to the rulemaking provisions of
116.7chapter 14 and section14.386 does not apply.
116.8(b) (c) The commissioner may require the applicant to furnish evidence of financial
116.9responsibility in the form of a surety bond or bank letter of credit in the amount of $25,000
116.10if entry fees are over $25 per person, or total prizes are valued at more than $25,000, and
116.11if the applicant has either:
116.12 (1) not previously conducted a fishing contest requiring a permit under this
116.13subdivision; or
116.14 (2) ever failed to make required prize awards in a fishing contest conducted by
116.15the applicant, the commissioner may require the applicant to furnish the commissioner
116.16evidence of financial responsibility in the form of a surety bond or bank letter of credit in
116.17the amount of $25,000.
116.18(c) (d) The permit fee for any individual contest may not exceed the following
116.19amounts:
116.20 (1) $60 for an open water contest not exceeding 50 boats and without off-site
116.21weigh-in;
116.22 (2) $200 for an open water contest with more than 50 boats and without off-site
116.23weigh-in;
116.24 (3) $250 for an open water contest not exceeding 50 boats with off-site weigh-in;
116.25 (4) $500 for an open water contest with more than 50 boats with off-site weigh-in; or
116.26 (5) $120 for an ice fishing contest with more than 150 participants.
116.27 Sec. 57. Minnesota Statutes 2010, section 97C.081, is amended by adding a
116.28subdivision to read:
116.29 Subd. 3a. Contests without a permit. A person may conduct a fishing contest
116.30without a permit from the commissioner if:
116.31(1) the contest is not limited to specifically named waters;
116.32(2) all the contest participants are age 18 years or under;
116.33(3) the contest is limited to rough fish; or
116.34(4) the total prize value is $500 or less.
117.1 Sec. 58. Minnesota Statutes 2010, section 97C.087, subdivision 2, is amended to read:
117.2 Subd. 2. Application for tag. Application for special fish management tags must
117.3be accompanied by a $5, nonrefundable application fee for each tag. A person may not
117.4make more than one tag application each calendar year. If a person makes more than one
117.5application, the person is ineligible for a special fish management tag for thatseason
117.6calendar year after determination by the commissioner, without a hearing.
117.7 Sec. 59. Minnesota Statutes 2010, section 97C.205, is amended to read:
117.897C.205 TRANSPORTING AND STOCKING FISH.
117.9 (a) Except on the water body where taken, a person may not transport a live fish in a
117.10quantity of water sufficient to keep the fish alive, unless the fish:
117.11 (1) is being transported under an aquaculture license as authorized under sections
117.1217.4985
and
17.4986 ;
117.13 (2) is being transported for a fishing contest weigh-in under section97C.081 ;
117.14 (3) is a minnow being transported under section97C.505 or
97C.515 ;
117.15 (4) is being transported by a commercial fishing license holder under section
117.1697C.821
; or
117.17 (5) is being transported as otherwise authorized in this section or as prescribed for
117.18certifiable diseases under sections 17.46 to 17.4999.
117.19 (b) The commissioner may adopt rules to allow and regulate:
117.20 (1) the transportation of fish and fish eggs; and
117.21 (2) the stocking of waters with fish or fish eggs.
117.22 (c) The commissioner must allow the possession of fish on special management or
117.23experimental waters to be prepared as a meal on the ice or on the shore of that water
117.24body if the fish:
117.25 (1) were lawfully taken;
117.26 (2) have been packaged by a licensed fish packer; and
117.27 (3) do not otherwise exceed the statewide possession limits.
117.28 (d) The commissioner shall prescribe rules designed to encourage local sporting
117.29organizations to propagate game fish by using rearing ponds. The rules must:
117.30 (1) prescribe methods to acquire brood stock for the ponds by seining public waters;
117.31 (2) allow the sporting organizations to own and use seines and other necessary
117.32equipment; and
117.33 (3) prescribe methods for stocking the fish in public waters that give priority to the
117.34needs of the community where the fish are reared and the desires of the organization
117.35operating the rearing pond.
118.1 (e) A person age 16 or under may, for purposes of display in a home aquarium,
118.2transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white
118.3crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow,
118.4and brown bullheads taken by angling, except as otherwise ordered by the commissioner
118.5upon documentation of an emergency fish disease in Minnesota waters, as defined in
118.6section 17.4982, subdivision 9. No more than four of each species may be transported at
118.7any one time, and any individual fish can be no longer than ten inches in total length. The
118.8commissioner may, by written order published in the State Register, prohibit transportation
118.9of live fish under this paragraph to help prevent spread of an emergency fish disease
118.10documented to occur in Minnesota waters. The order is exempt from the rulemaking
118.11provisions of chapter 14 and section 14.386 does not apply.
118.12 Sec. 60. Minnesota Statutes 2010, section 97C.211, subdivision 5, is amended to read:
118.13 Subd. 5. Price ofwalleye game fish fry and eggs. The commissioner may not sell
118.14walleye or barter game fish fry or eggs for not less than fair market value, defined as the
118.15average price charged by private walleye fry wholesalers located in Minnesota the cost
118.16associated with the production of eggs or fry.
118.17 Sec. 61. Minnesota Statutes 2010, section 97C.341, is amended to read:
118.1897C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
118.19(a) A person may not use live minnows imported from outside of the state, game
118.20fish, goldfish, or carp for bait. The commissioner may, by written order published in
118.21the State Register, authorize use of game fish eggs as bait and prescribe restrictions on
118.22their use. The order is exempt from the rulemaking provisions of chapter 14 and section
118.2314.386 does not apply.
118.24(b) A person may not import or possess live, frozen, or processed bait from known
118.25waters where viral hemorrhagic septicemia has been identified as being present, except as
118.26provided in paragraph (c). For purposes of this paragraph, "bait" includes fish, aquatic
118.27worms, amphibians, invertebrates, and insects used forangling taking wild animals in
118.28waters of the state.
118.29 (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
118.30be used as:
118.31 (1) fresh or frozen bait only on Lake Superior; or
118.32 (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
118.33manner prescribed by rules adopted by the commissioner.
119.1(d) To ensure that frozen or dead fish being brought into the state are not in violation
119.2of paragraph (b), the following paperwork must accompany the shipment. Documents
119.3must be open for inspection by the commissioner at any reasonable time. All documents
119.4must be available to purchasers of these bait items. Each container or package of frozen or
119.5dead fish must have the following information:
119.6(1) water body source;
119.7(2) lot number;
119.8(3) company contact including name, phone, and address;
119.9(4) date of packaging and labeling; and
119.10(5) valid negative fish health certification from the source water body.
119.11EFFECTIVE DATE.This section is effective the day following final enactment.
119.12 Sec. 62. [97C.342] CERTIFICATION THAT FROZEN OR DEAD FISH BAIT
119.13ARE DISEASE FREE.
119.14 Subdivision 1. Definitions. For purposes of this section, the following terms have
119.15the meanings given:
119.16(1) "Water body" means waters identified by a unique Department of Natural
119.17Resources public water identification number; a body of water that has defined boundaries
119.18and that has no Department of Natural Resources public water identification number; or
119.19a section of stream designated by a Kittle number, lock and dam numbering system, or
119.20to the upstream and downstream barrier.
119.21(2) "Commercial license" means a license issued under section 97A.475, subdivision
119.2226, 27, 29, or 30.
119.23 Subd. 2. Bait restrictions. Frozen or dead fish on the official list of viral
119.24hemorrhagic septicemia susceptible species published by the United States Department of
119.25Agriculture, Animal and Plant Health Inspection Services; cisco (all Coregonus, including
119.26lake herring and tullibee); and smelt (all Osmerus, Spirincus, Hypomesus, and Allosmerus)
119.27being used as bait in waters of the state must originate from water bodies certified disease
119.28free. Certification for these water bodies is valid for one year from the date of test results.
119.29 Subd. 3. Testing requests. As a part of commercial licensing procedures, a list of
119.30water bodies requiring a fish health certification for commercial bait harvest must be
119.31provided to the commissioner no later than March 1 of each year, except in 2011 the list
119.32must be provided by August 1.
119.33 Subd. 4. Certification fees. Notwithstanding section 16A.1283, the commissioner
119.34may by written order published in the State Register, establish fees for the services and
119.35testing required to issue health certifications for a water body. The fees must be set in an
120.1amount that does not recover significantly more or less than the costs of providing services
120.2to health-certify a water body. The fees are not subject to the rulemaking provisions of
120.3chapter 14 and sections 14.125 and 14.386 do not apply. The services covered under
120.4this subdivision include:
120.5(1) cost of collecting the species for testing;
120.6(2) fish health inspection and certification, including initial tissue sample collection,
120.7basic fish health assessment, and fish disease testing; and
120.8(3) administrative overhead for tracking and documentation of testing.
120.9 Subd. 5. Transportation permit requirements. A commercial licensee harvesting
120.10from a certified disease-free water body must obtain a live fish importation, transportation,
120.11and stocking permit to move fish from that source. A live fish importation, transportation,
120.12and stocking permit may be used for multiple shipments within a 30-day term period if
120.13the source and destination remain the same. The commercial licensee must contact the
120.14department within 24 hours of exercising the permit. Permits may be issued through the
120.15department's regional offices or St. Paul office and must be obtained prior to moving fish
120.16as approved for movement from these certified disease-free water bodies.
120.17 Subd. 6. Reporting requirements. A commercial licensee harvesting bait under
120.18this section must maintain records on forms provided by the commissioner for each lot
120.19of frozen or dead fish for sale as bait. The records must include the lot number for each
120.20batch of frozen or dead fish, water body health certification documentation, transportation
120.21permit number, and other information as specified on the reporting form. The commercial
120.22licensee must enter required records onto forms within 24 hours of packaging and labeling
120.23each lot of fish. The commercial licensee must retain records for three years following
120.24the year of creation. All records required to be retained must be open to inspection by
120.25the commissioner at any reasonable time.
120.26 Subd. 7. Labeling requirements. Frozen or dead fish from certified disease-free
120.27water bodies that are being sold as bait must be labeled. The seller of the product is
120.28responsible for making sure the items are labeled according to this section. Each container
120.29or package of frozen or dead fish bait must have the following information:
120.30(1) Department of Natural Resources certified water body number;
120.31(2) Department of Natural Resources transportation permit number;
120.32(3) lot number;
120.33(4) date of harvest from water body;
120.34(5) date of packaging and labeling;
120.35(6) bait store or vendor name where purchased; and
120.36(7) disease-free certification date.
121.1 Subd. 8. Persons using frozen or dead fish bait. A person on, or taking wild
121.2animals in, waters of the state with frozen or dead fish bait must possess all labeling as
121.3prescribed under subdivision 7. The person must retain the labeling until the bait is used
121.4and no longer in the person's possession.
121.5EFFECTIVE DATE.This section is effective the day following final enactment.
121.6 Sec. 63. Minnesota Statutes 2010, section 103B.101, subdivision 9, is amended to read:
121.7 Subd. 9. Powers and duties. In addition to the powers and duties prescribed
121.8elsewhere, the board shall:
121.9(1) coordinate the water and soil resources planning and implementation activities of
121.10counties, soil and water conservation districts, watershed districts, watershed management
121.11organizations, and any other local units of government through its various authorities for
121.12approval of local plans, administration of state grants, contracts and easements, and by
121.13other means as may be appropriate;
121.14(2) facilitate communication and coordination among state agencies in cooperation
121.15with the Environmental Quality Board, and between state and local units of government,
121.16in order to make the expertise and resources of state agencies involved in water and soil
121.17resources management available to the local units of government to the greatest extent
121.18possible;
121.19(3) coordinate state and local interests with respect to the study in southwestern
121.20Minnesota under United States Code, title 16, section 1009;
121.21(4) develop information and education programs designed to increase awareness
121.22of local water and soil resources problems and awareness of opportunities for local
121.23government involvement in preventing or solving them;
121.24(5) provide a forum for the discussion of local issues and opportunities relating
121.25to water and soil resources management;
121.26(6) adopt an annual budget and work program that integrate the various functions
121.27and responsibilities assigned to it by law; and
121.28(7) report to the governor and the legislature by October 15 of each even-numbered
121.29year with an assessment of board programs and recommendations for any program
121.30changes and board membership changes necessary to improve state and local efforts
121.31in water and soil resources management.
121.32The board may accept grants, gifts, donations, or contributions in money, services,
121.33materials, or otherwise from the United States, a state agency, or other source to achieve
121.34an authorized or delegated purpose. The board may enter into a contract or agreement
121.35necessary or appropriate to accomplish the transfer. The board may conduct or participate
122.1in local, state, or federal programs or projects that have as one purpose or effect the
122.2preservation or enhancement of water and soil resources and may enter into and administer
122.3agreements with local governments or landowners or their designated agents as part
122.4of those programs or projects. The board may receive and expend money to acquire
122.5conservation easements, as defined in chapter 84C, on behalf of the state and federal
122.6government consistent with the Camp Ripley's Army Compatible Use Buffer Project.
122.7Any money received is hereby deposited in an account in a fund other than the
122.8general fund and appropriated and dedicated for the purpose for which it is granted.
122.9 Sec. 64. [348.125] COYOTE CONFLICT MANAGEMENT OPTION.
122.10A county or town board may, by resolution, offer a bounty for the taking of coyotes
122.11(Canis latrans) by all legal methods. The resolution may be made applicable to the whole
122.12or any part of the county or town. The bounty must apply during the months specified in
122.13the resolution and be in an amount determined by the board.
122.14EFFECTIVE DATE.This section is effective the day following final enactment.
122.15 Sec. 65. Minnesota Statutes 2010, section 604A.12, is amended to read:
122.16604A.12 LIVESTOCK ACTIVITIES; IMMUNITY FROM LIABILITY.
122.17 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
122.18have the meanings given them.
122.19(b) "Inherent risks of livestock activities" means dangers or conditions that are an
122.20integral part of livestock activities, including:
122.21(1) the propensity of livestock to behave in ways that may result in death or injury to
122.22persons on or around them, such as kicking, biting,or bucking, or charging;
122.23(2) the unpredictability of livestock's reaction to things like sound, sudden
122.24movement, unfamiliar objects, persons, or other animals;
122.25(3) natural hazards such as surface or subsurface conditions; or
122.26(4) collisions with other livestock or objects.
122.27(c) "Livestock" means cattle, sheep, swine, horses, ponies, donkeys, mules, hinnies,
122.28goats, buffalo, llamas, or poultry.
122.29(d) "Livestock activity" means an activity involving the maintenance or use of
122.30livestock, regardless of whether the activity is open to the general public, and, except in
122.31the case of livestock grazing under clause (7), provided the activity is not performed for
122.32profit. Livestock activity includes:
122.33(1) livestock production;
123.1(2) loading, unloading, or transporting livestock;
123.2(3) livestock shows, fairs, competitions, performances, races, rodeos, or parades;
123.3(4) livestock training or teaching activities;
123.4(5) boarding, shoeing, or grooming livestock;or
123.5(6) riding or inspecting livestock or livestock equipment; or
123.6(7) the use of state property for livestock grazing, pursuant to an agreement with the
123.7commissioner of natural resources.
123.8(e) "Livestock activity sponsor" means a person who sponsors, organizes, or
123.9provides the facilities for a livestock activity that is open to the general public.
123.10(f) "Participant" means a person who directly and intentionally engages in a livestock
123.11activity. Participant does not include a spectator who is in an authorized area.
123.12 Subd. 2. Immunity from liability; livestock events.Except as provided in
123.13subdivision 3, A nonprofit corporation, association, or organization, or a person or other
123.14entity donating services, livestock, facilities, or equipment for the use of a nonprofit
123.15corporation, association, or organization, is not liable for the death of or an injury to a
123.16participant resulting from the inherent risks of livestock activities.
123.17 Subd. 3. Exceptions; livestock events. Subdivision 2 does not apply if any of
123.18the following exist:
123.19(1) the person provided livestock for the participant and failed to make reasonable
123.20efforts to determine the ability of the participant to safely engage in the livestock activity
123.21or to determine the ability of the participant to safely manage the particular livestock
123.22based on the participant's representations of the participant's ability;
123.23(2) the person provided equipment or tack for the livestock and knew or should have
123.24known that it was faulty to the extent that it caused the injury or death;
123.25(3) the person owns or leases the land upon which a participant was injured or died
123.26because of a human-made dangerous latent condition and failed to use reasonable care
123.27to protect the participant;
123.28(4) the person is a livestock activity sponsor and fails to comply with the notice
123.29requirement of subdivision 4; or
123.30(5) the act or omission of the person was willful or negligent.
123.31 Subd. 3a. Immunity from liability; grazing on public lands. (a) Any person
123.32or entity grazing livestock on state lands under an agreement with the commissioner
123.33of natural resources is not liable for damage to property or the death of or an injury to
123.34a person due to the inherent risks of livestock activities.
123.35(b) This subdivision does not apply if the person or entity grazing the livestock:
124.1(1) fails to exercise reasonable care in using the land for grazing or in managing
124.2the livestock; or
124.3(2) maintains a condition in material violation of an agreement with the
124.4commissioner of natural resources for use of the land, and the condition contributed
124.5to the damage, death, or injury.
124.6 Subd. 4. Posting notice. (a) A livestock activity sponsor shall post plainly visible
124.7signs at one or more prominent locations in the premises where the livestock activity takes
124.8place that include a warning of the inherent risks of livestock activity and the limitation of
124.9liability under this section.
124.10(b) The commissioner of natural resources shall post plainly visible signs at one or
124.11more prominent locations on any state property being used for grazing purposes pursuant
124.12to an agreement with the commissioner. The signs shall include a warning of the inherent
124.13risks of livestock activity, and the limitations of liability provided in this section and
124.14any other applicable law.
124.15EFFECTIVE DATE; APPLICABILITY.This section is effective the day
124.16following final enactment and applies to causes of action arising on or after that date. The
124.17commissioner shall post notice as required by subdivision 4 on any property subject to a
124.18livestock grazing agreement on the effective date of this section within 60 days of that date.
124.19 Sec. 66. Minnesota Statutes 2010, section 604A.24, is amended to read:
124.20604A.24 LIABILITY; LEASED LAND, WATER-FILLED MINE PITS;
124.21MUNICIPAL POWER AGENCY LAND.
124.22Unless otherwise agreed in writing, sections604A.22 and
604A.23 also apply to
124.23the duties and liability of an owner of the following land:
124.24(1) land leased to the state or any political subdivision for recreational purpose; or
124.25(2) idled or abandoned, water-filled mine pits whose pit walls may slump or cave,
124.26and to which water the public has access from a water access site operated by a public
124.27entity;or
124.28(3) land of which a municipal power agency is an owner and that is used for
124.29recreational trail purposes, and other land of a municipal power agency which is within
124.30300 feet of such land if the entry onto such land was from land that is dedicated for
124.31recreational purposes or recreational trail use; or
124.32(4) land leased to the state or otherwise subject to an agreement or contract for
124.33purposes of a state-sponsored walk-in access program.
125.1 Sec. 67. RULEMAKING; GAME FARMS.
125.2(a) The commissioner of natural resources shall amend Minnesota Rules, parts
125.36242.0900, subpart 1, and 6242.1000, subpart 1, to allow an option for game farm
125.4licensees to use approved report and sales receipt formats.
125.5(b) The commissioner may use the good cause exemption under Minnesota Statutes,
125.6section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
125.7Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
125.8section 14.388.
125.9 Sec. 68. RULEMAKING; SPEARING ON CASS LAKE.
125.10The commissioner of natural resources shall amend Minnesota Rules, part
125.116264.0400, subpart 69, to allow a person to take fish by spearing on Cass Lake. The
125.12commissioner may use the good cause exemption under Minnesota Statutes, section
125.1314.388, to adopt rules under this section, and Minnesota Statutes, section 14.386, does not
125.14apply except as provided under Minnesota Statutes, section 14.388. Until July 1, 2016, the
125.15commissioner shall not adopt restrictions on spearing northern pike on Cass Lake under
125.16Minnesota Statutes, section 97C.001 or 97C.005.
125.17 Sec. 69. DEER HUNTING RULES.
125.18(a) If the commissioner of natural resources adopts a rule applicable for the Series
125.19300 deer permit areas that imposes an antler point restriction for taking antlered deer,
125.20other than that imposed under Minnesota Rules, part 6232.0200, subpart 6, the rule must
125.21expire after the 2012 deer hunting season.
125.22(b) The commissioner of natural resources may not reinstate an antler point
125.23restriction for the Series 300 deer permit areas, other than that imposed under Minnesota
125.24Rules, part 6232.0200, subpart 6, after the 2012 deer hunting season unless the legislature
125.25approves the antler point restriction.
125.26(c) The commissioner of natural resources shall amend Minnesota Rules, part
125.276232.1300, subpart 3, item B, to allow legal bucks to be taken in season option A for a
125.28nine-day period beginning the Saturday nearest November 6. The commissioner may use
125.29the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause
125.30(3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not
125.31apply except as provided in Minnesota Statutes, section 14.388.
125.32 Sec. 70. REPEALER.
126.1Minnesota Statutes 2010, sections 84.942, subdivisions 2, 3, and 4; 97A.015,
126.2subdivisions 26b, 27b, and 27c; 97A.435, subdivision 5; 97B.511; 97B.515, subdivision 3;
126.3and 97C.081, subdivision 2, are repealed.
126.4 Sec. 71. EFFECTIVE DATE; RELATIONSHIP TO OTHER
126.5APPROPRIATIONS.
126.6Unless otherwise specified, this article is effective retroactively from July 1, 2011,
126.7and supersedes and replaces funding authorized by order of the Second Judicial District
126.8Court in Case No. 62-CV-11-5203.
1.3resources, commerce, and energy; creating accounts; modifying disposition of
1.4certain receipts; creating an advisory committee; modifying fees; modifying
1.5feedlot provisions; modifying reporting requirements; modifying requirements
1.6for department use of silencers; modifying definitions; modifying Petroleum
1.7Tank Release Cleanup Act; modifying Mississippi River Management Plan;
1.8modifying aquaculture provisions; modifying compensation and assistance
1.9provisions for crop damage by elk; modifying requirements for fish and
1.10wildlife management plans; modifying provisions for taking, possessing,
1.11and transporting wild animals; modifying penalty and license provisions;
1.12modifying duties of the Board of Water and Soil Resources; modifying certain
1.13immunities from liability; limiting landowner liability for state walk-in access
1.14program; requiring reports; providing criminal penalties; requiring rulemaking;
1.15amending Minnesota Statutes 2010, sections 3.7371; 16C.055, subdivision 2;
1.1617.4982, subdivisions 8, 12, 13, by adding a subdivision; 17.4991, subdivision
1.173; 17.4992, subdivision 4; 17.4994; 84.942, subdivision 1; 84.95, subdivision
1.182; 84D.03, subdivision 4, as amended; 84D.11, subdivision 2a, as amended;
1.1984D.15, subdivision 2, as amended; 85.052, subdivision 4, as amended; 89.039,
1.20subdivision 1; 89.21; 93.481, subdivision 7; 97A.015, subdivisions 24, 45, 49,
1.2152, 55; 97A.028, subdivision 3; 97A.055, by adding a subdivision; 97A.071,
1.22subdivision 2; 97A.075; 97A.101, subdivision 3; 97A.311, subdivision 5;
1.2397A.321, subdivision 1; 97A.331, by adding a subdivision; 97A.405, subdivision
1.242; 97A.415, subdivision 2; 97A.425, subdivision 3; 97A.433, by adding a
1.25subdivision; 97A.435, subdivision 1; 97A.445, subdivision 1a; 97A.465,
1.26subdivision 5; 97A.475, subdivision 7; 97A.502; 97A.505, subdivision 2;
1.2797A.545, subdivision 5; 97B.022, subdivision 2; 97B.031, subdivision 5;
1.2897B.041; 97B.045, subdivision 3; 97B.055, subdivision 3; 97B.075; 97B.106,
1.29subdivision 1; 97B.211, subdivision 1; 97B.325; 97B.405; 97B.425; 97B.515,
1.30by adding a subdivision; 97B.645, subdivision 9; 97B.667; 97B.803; 97C.005,
1.31subdivision 3; 97C.081, subdivision 3, by adding a subdivision; 97C.087,
1.32subdivision 2; 97C.205; 97C.211, subdivision 5; 97C.341; 103B.101, subdivision
1.339; 103G.271, subdivision 6; 103G.301, by adding a subdivision; 103G.615,
1.34subdivision 2; 115A.1314; 115A.1320, subdivision 1; 115C.09, subdivision 3c;
1.35115C.13; 116.07, subdivisions 7c, 7d; 116P.05, subdivision 2; 290.431; 290.432;
1.36299C.40, subdivision 1; 357.021, subdivision 7; 604A.12; 604A.24; 609.66,
1.37subdivision 1h; Laws 2005, chapter 156, article 2, section 45, as amended;
1.38proposing coding for new law in Minnesota Statutes, chapters 16E; 17; 84;
1.3989; 97A; 97B; 97C; 103G; 348; repealing Minnesota Statutes 2010, sections
2.184.027, subdivision 11; 84.942, subdivisions 2, 3, 4; 97A.015, subdivisions 26b,
2.227b, 27c; 97A.435, subdivision 5; 97B.511; 97B.515, subdivision 3; 97C.081,
2.3subdivision 2; 116P.14.
2.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 2.7 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
2.9in this article.
| 2.20 |
Sec. 2. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. |
||||||
2.22agencies and for the purposes specified in this article. The appropriations are from the
2.23general fund, or another named fund, and are available for the fiscal years indicated
2.24for each purpose. The figures "2012" and "2013" used in this article mean that the
2.25appropriations listed under them are available for the fiscal year ending June 30, 2012, or
2.26June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
2.27year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
2.28year ending June 30, 2011, are effective the day following final enactment.
| 2.29 |
APPROPRIATIONS |
||||||
| 2.30 |
Available for the Year |
||||||
| 2.31 |
Ending June 30 |
||||||
| 2.32 |
2012 |
2013 |
|||||
| 2.33 |
Sec. 3. POLLUTION CONTROL AGENCY |
||||||
| 2.34 |
Subdivision 1.Total Appropriation |
$ |
79,343,000 |
$ |
79,437,000 |
||
3.7purpose are specified in the following
3.8subdivisions.
| 3.9 |
Subd. 2.Water |
23,167,000 |
23,092,000 |
||||
| 3.10 |
Appropriations by Fund |
||
| 3.11 |
2012 |
2013 |
|
| 3.12 |
General |
3,737,000 |
3,737,000 |
| 3.13 3.14 |
State Government Special Revenue |
75,000 |
75,000 |
| 3.15 |
Environmental |
19,355,000 |
19,280,000 |
3.17the second year are for water program
3.18operations.
3.19$1,959,000 the first year and $1,959,000
3.20the second year are for grants to delegated
3.21counties to administer the county feedlot
3.22program under Minnesota Statutes, section
3.23116.0711, subdivisions 2 and 3. Money
3.24remaining after the first year is available for
3.25the second year.
3.26$740,000 the first year and $740,000 the
3.27second year are from the environmental
3.28fund to address the need for continued
3.29increased activity in the areas of new
3.30technology review, technical assistance
3.31for local governments, and enforcement
3.32under Minnesota Statutes, sections 115.55
3.33to 115.58, and to complete the requirements
3.34of Laws 2003, chapter 128, article 1, section
3.35165.
4.1$75,000 the first year from the environmental
4.2fund is for the water management evaluation
4.3required in article 4. This is a onetime
4.4appropriation.
4.5$400,000 the first year and $400,000
4.6the second year are for the clean water
4.7partnership program. Priority shall be
4.8given to projects preventing impairments
4.9and degradation of lakes, rivers, streams,
4.10and groundwater according to Minnesota
4.11Statutes, section 114D.20, subdivision 2,
4.12clause (4).
4.13$289,000 the first year and $289,000 the
4.14second year are from the environmental
4.15fund for community technical assistance and
4.16education, including grants and technical
4.17assistance to communities for local and
4.18basinwide water quality protection.
4.19$375,000 the first year and $375,000 the
4.20second year are from the environmental
4.21fund for subsurface sewage treatment system
4.22(SSTS) administration and grants. Of this
4.23amount, $80,000 each year is for assistance
4.24to counties through grants for SSTS program
4.25administration. Any unexpended balance in
4.26the first year does not cancel but is available
4.27in the second year.
4.28Notwithstanding Minnesota Statutes, section
4.2916A.28, the appropriations encumbered on or
4.30before June 30, 2013, as grants or contracts
4.31for SSTS's, surface water and groundwater
4.32assessments, total maximum daily loads,
4.33storm water, and local basinwide water
4.34quality protection in this subdivision are
4.35available until June 30, 2016.
| 5.1 |
Subd. 3.Air |
12,297,000 |
12,466,000 |
||||
| 5.2 |
Appropriations by Fund |
||
| 5.3 |
2012 |
2013 |
|
| 5.4 |
Environmental |
12,297,000 |
12,466,000 |
5.6second year are from the environmental fund
5.7for a monitoring program under Minnesota
5.8Statutes, section 116.454.
5.9Up to $150,000 the first year and $150,000
5.10the second year may be transferred from the
5.11environmental fund to the small business
5.12environmental improvement loan account
5.13established in Minnesota Statutes, section
5.14116.993.
5.15$125,000 the first year and $125,000 the
5.16second year are from the environmental fund
5.17for monitoring ambient air for hazardous
5.18pollutants in the metropolitan area.
| 5.19 |
Subd. 4.Land |
17,680,000 |
17,680,000 |
||||
| 5.20 |
Appropriations by Fund |
||
| 5.21 |
2012 |
2013 |
|
| 5.22 |
Environmental |
6,916,000 |
6,916,000 |
| 5.23 |
Remediation |
10,496,000 |
10,496,000 |
| 5.24 |
General |
268,000 |
268,000 |
5.26compensation, and compliance in the
5.27remediation fund not otherwise appropriated
5.28is appropriated to the commissioners of the
5.29Pollution Control Agency and agriculture
5.30for purposes of Minnesota Statutes, section
5.31115B.20, subdivision 2, clauses (1), (2),
5.32(3), (6), and (7). At the beginning of each
5.33fiscal year, the two commissioners shall
5.34jointly submit an annual spending plan
5.35to the commissioner of management and
6.1budget that maximizes the utilization of
6.2resources and appropriately allocates the
6.3money between the two departments. This
6.4appropriation is available until June 30, 2013.
6.5$3,616,000 the first year and $3,616,000 the
6.6second year are from the petroleum tank fund
6.7to be transferred to the remediation fund for
6.8purposes of the leaking underground storage
6.9tank program to protect the land.
6.10$252,000 the first year and $252,000 the
6.11second year are from the remediation fund
6.12for transfer to the commissioner of health for
6.13private water supply monitoring and health
6.14assessment costs in areas contaminated
6.15by unpermitted mixed municipal solid
6.16waste disposal facilities and drinking water
6.17advisories and public information activities
6.18for areas contaminated by hazardous releases.
6.19$268,000 the first year and $268,000 the
6.20second year are for transfer to the Department
6.21of Health to complete the environmental
6.22health tracking and biomonitoring analysis
6.23related to perfluorochemicals and mercury
6.24monitoring in Lake Superior and disseminate
6.25the results. This is a onetime appropriation.
| 6.26 6.27 |
Subd. 5.Environmental Assistance and Cross-Media |
25,824,000 |
25,824,000 |
||||
| 6.28 |
Appropriations by Fund |
||
| 6.29 |
2012 |
2013 |
|
| 6.30 |
Environmental |
25,135,000 |
25,135,000 |
| 6.31 |
General |
689,000 |
689,000 |
6.33the second year are from the environmental
6.34fund for SCORE block grants to counties.
7.1$119,000 the first year and $119,000 the
7.2second year are from the environmental
7.3fund for environmental assistance grants
7.4or loans under Minnesota Statutes, section
7.5115A.0716. Any unencumbered grant and
7.6loan balances in the first year do not cancel
7.7but are available for grants and loans in the
7.8second year.
7.9$89,000 the first year and $89,000 the
7.10second year are from the environmental fund
7.11for duties related to harmful chemicals in
7.12products under Minnesota Statutes, section
7.13116.9401 to 116.9407. Of this amount,
7.14$57,000 each year is transferred to the
7.15commissioner of health.
7.16$315,000 the first year and $315,000 the
7.17second year are from the environmental fund
7.18for the electronics waste program under
7.19Minnesota Statutes, sections 115A.1310 to
7.20115A.1330.
7.21$350,000 the first year and $350,000 the
7.22second year are from the environmental
7.23fund for the costs of implementing general
7.24operating permits for feedlots over 1,000
7.25animal units. Of this amount, $150,000 each
7.26year is a onetime appropriation.
7.27All money deposited in the environmental
7.28fund for the metropolitan solid waste
7.29landfill fee in accordance with Minnesota
7.30Statutes, section 473.843, and not otherwise
7.31appropriated, is appropriated for the purposes
7.32of Minnesota Statutes, section 473.844.
7.33Notwithstanding Minnesota Statutes, section
7.3416A.28, the appropriations encumbered on
7.35or before June 30, 2013, as contracts or
8.1grants for surface water and groundwater
8.2assessments; environmental assistance
8.3awarded under Minnesota Statutes, section
8.4115A.0716; technical and research assistance
8.5under Minnesota Statutes, section 115A.152;
8.6technical assistance under Minnesota
8.7Statutes, section 115A.52; and pollution
8.8prevention assistance under Minnesota
8.9Statutes, section 115D.04, are available until
8.10June 30, 2015.
| 8.11 |
Subd. 6.Administrative Support |
375,000 |
375,000 |
||||
| 8.12 |
Subd. 7.Remediation Fund |
||||||
8.14$42,000,000 from the environmental fund to
8.15the remediation fund for the purposes of the
8.16remediation fund under Minnesota Statutes,
8.17section 116.155, subdivision 2.
| 8.18 |
Sec. 4. NATURAL RESOURCES |
||||||
| 8.19 |
Subdivision 1.Total Appropriation |
$ |
225,289,000 |
$ |
224,971,000 |
||
8.28purpose are specified in the following
8.29subdivisions.
| 8.30 8.31 |
Subd. 2.Land and Mineral Resources Management |
7,772,000 |
7,772,000 |
||||
| 8.32 |
Appropriations by Fund |
||
| 8.33 |
2012 |
2013 |
|
| 8.34 |
General |
2,711,000 |
2,711,000 |
| 8.35 |
Natural Resources |
3,459,000 |
3,459,000 |
| 9.1 |
Game and Fish |
1,402,000 |
1,402,000 |
| 9.2 |
Permanent School |
200,000 |
200,000 |
9.4the second year are from the minerals
9.5management account in the natural resources
9.6fund for use as provided in Minnesota
9.7Statutes, section 93.2236, paragraph (c),
9.8for mineral resource management, projects
9.9to enhance future mineral income, and
9.10projects to promote new mineral resource
9.11opportunities.
9.12$68,000 the first year and $68,000 the
9.13second year are for minerals cooperative
9.14environmental research, of which $34,000
9.15the first year and $34,000 the second year are
9.16available only as matched by $1 of nonstate
9.17money for each $1 of state money. The
9.18match may be cash or in-kind.
9.19$251,000 the first year and $251,000 the
9.20second year are for iron ore cooperative
9.21research. Of this amount, $200,000 each year
9.22is from the minerals management account
9.23in the natural resources fund. $175,000 the
9.24first year and $175,000 the second year are
9.25available only as matched by $1 of nonstate
9.26money for each $1 of state money. The match
9.27may be cash or in-kind. Any unencumbered
9.28balance from the first year does not cancel
9.29and is available in the second year.
9.30$630,000 the first year and $630,000 the
9.31second year are from the dedicated receipts
9.32account in the natural resources fund to cover
9.33the costs associated with issuing licenses for
9.34land and water crossings and road easements.
10.1$200,000 the first year and $200,000 the
10.2second year are from the state forest suspense
10.3account in the permanent school fund to
10.4accelerate land exchanges, land sales, and
10.5commercial leasing of school trust lands and
10.6to identify, evaluate, and lease construction
10.7aggregate located on school trust lands. This
10.8appropriation is to be used for securing
10.9maximum long-term economic return
10.10from the school trust lands consistent with
10.11fiduciary responsibilities and sound natural
10.12resources conservation and management
10.13principles.
10.14The appropriations in Laws 2007, chapter
10.1557, article 1, section 4, subdivision 2, as
10.16amended by Laws 2009, chapter 37, article
10.171, section 60, for support of the land records
10.18management system are available until June
10.1930, 2013.
| 10.20 |
Subd. 3.Ecological and Water Resources |
24,158,000 |
24,158,000 |
||||
| 10.21 |
Appropriations by Fund |
||
| 10.22 |
2012 |
2013 |
|
| 10.23 |
General |
9,179,000 |
9,179,000 |
| 10.24 |
Natural Resources |
10,280,000 |
10,280,000 |
| 10.25 |
Game and Fish |
4,699,000 |
4,699,000 |
10.27second year are from the invasive species
10.28account in the natural resources fund and
10.29$1,674,000 the first year and $1,674,000 the
10.30second year are from the general fund for
10.31management, public awareness, assessment
10.32and monitoring research, law enforcement,
10.33and water access inspection to prevent the
10.34spread of invasive species; management
10.35of invasive plants in public waters; and
11.1management of terrestrial invasive species
11.2on state-administered lands.
11.3$5,000,000 the first year, and $5,000,000 the
11.4second year are from the water management
11.5account in the natural resources fund for only
11.6the purposes specified in Minnesota Statutes,
11.7section 103G.27, subdivision 2.
11.8$264,000 the first year and $264,000 the
11.9second year are for grants for up to 50
11.10percent of the cost of implementation of
11.11the Red River mediation agreement. The
11.12commissioner shall submit a report to the
11.13chairs of the legislative committees having
11.14primary jurisdiction over environment and
11.15natural resources policy and finance on the
11.16accomplishments achieved with the grants
11.17by January 15, 2014.
11.18$1,636,000 the first year and $1,636,000
11.19the second year are from the heritage
11.20enhancement account in the game and
11.21fish fund for only the purposes specified
11.22in Minnesota Statutes, section 297A.94,
11.23paragraph (e), clause (1).
11.24$1,223,000 the first year and $1,223,000 the
11.25second year are from the nongame wildlife
11.26management account in the natural resources
11.27fund for the purpose of nongame wildlife
11.28management. Notwithstanding Minnesota
11.29Statutes, section 290.431, $100,000 the first
11.30year and $100,000 the second year may
11.31be used for nongame wildlife information,
11.32education, and promotion.
11.33$1,000,000 the first year and $1,000,000 the
11.34second year from the heritage enhancement
11.35account in the game and fish fund is for law
12.1enforcement and water access inspection
12.2to prevent the spread of aquatic invasive
12.3species. This is a onetime appropriation.
12.4$53,000 the first year and $53,000 the
12.5second year are for a grant to the Mississippi
12.6Headwaters Board for up to 50 percent of
12.7the cost of implementing the comprehensive
12.8plan for the upper Mississippi within areas
12.9under the board's jurisdiction.
12.10$5,000 the first year and $5,000 the second
12.11year are for payment to the Leech Lake Band
12.12of Chippewa Indians to implement the band's
12.13portion of the comprehensive plan for the
12.14upper Mississippi.
| 12.15 |
Subd. 4.Forest Management |
33,887,000 |
33,887,000 |
||||
| 12.16 |
Appropriations by Fund |
||
| 12.17 |
2012 |
2013 |
|
| 12.18 |
General |
19,030,000 |
19,030,000 |
| 12.19 |
Natural Resources |
13,593,000 |
13,593,000 |
| 12.20 |
Game and Fish |
1,264,000 |
1,264,000 |
12.22the second year are for prevention,
12.23presuppression, and suppression costs of
12.24emergency firefighting and other costs
12.25incurred under Minnesota Statutes, section
12.2688.12. The amount necessary to pay for
12.27presuppression and suppression costs during
12.28the biennium is appropriated from the general
12.29fund.
12.30By January 15 of each year, the commissioner
12.31of natural resources shall submit a report to
12.32the chairs and ranking minority members
12.33of the house and senate committees
12.34and divisions having jurisdiction over
12.35environment and natural resources finance,
13.1identifying all firefighting costs incurred
13.2and reimbursements received in the prior
13.3fiscal year. These appropriations may
13.4not be transferred. Any reimbursement
13.5of firefighting expenditures made to the
13.6commissioner from any source other than
13.7federal mobilizations shall be deposited into
13.8the general fund.
13.9$13,593,000 the first year and $13,593,000
13.10the second year are from the forest
13.11management investment account in the
13.12natural resources fund for only the purposes
13.13specified in Minnesota Statutes, section
13.1489.039, subdivision 2.
13.15$580,000 the first year and $580,000 the
13.16second year are for the Forest Resources
13.17Council for implementation of the
13.18Sustainable Forest Resources Act.
13.19$250,000 in the first year and $250,000 in the
13.20second year are for the FORIST system.
13.21$1,000,000 the first year and $1,000,000
13.22the second year are from the heritage
13.23enhancement account in the game and fish
13.24fund to maintain and expand the ecological
13.25classification system program. This is a
13.26onetime appropriation.
| 13.27 |
Subd. 5.Parks and Trails Management |
64,795,000 |
64,465,000 |
||||
| 13.28 |
Appropriations by Fund |
||
| 13.29 |
2012 |
2013 |
|
| 13.30 |
General |
17,126,000 |
17,121,000 |
| 13.31 |
Natural Resources |
45,475,000 |
45,150,000 |
| 13.32 |
Game and Fish |
2,194,000 |
2,194,000 |
13.34second year are from the water recreation
14.1account in the natural resources fund for
14.2enhancing public water access facilities.
14.3The appropriation in Laws 2003, chapter
14.4128, article 1, section 5, subdivision 6, from
14.5the water recreation account in the natural
14.6resources fund for a cooperative project with
14.7the United States Army Corps of Engineers
14.8to develop the Mississippi Whitewater Park
14.9is available until June 30, 2013. The project
14.10must be designed to prevent the spread of
14.11aquatic invasive species.
14.12$5,731,000 the first year and $5,731,000 the
14.13second year are from the natural resources
14.14fund for state trail, park, and recreation area
14.15operations. This appropriation is from the
14.16revenue deposited in the natural resources
14.17fund under Minnesota Statutes, section
14.18297A.94, paragraph (e), clause (2).
14.19$8,424,000 the first year and $8,424,000
14.20the second year are from the snowmobile
14.21trails and enforcement account in the
14.22natural resources fund for the snowmobile
14.23grants-in-aid program. Any unencumbered
14.24balance does not cancel at the end of the first
14.25year and is available for the second year.
14.26$1,360,000 the first year and $1,360,000
14.27the second year are from the natural
14.28resources fund for the off-highway vehicle
14.29grants-in-aid program. Of this amount,
14.30$1,110,000 each year is from the all-terrain
14.31vehicle account; $150,000 each year is from
14.32the off-highway motorcycle account; and
14.33$100,000 each year is from the off-road
14.34vehicle account. Any unencumbered balance
15.1does not cancel at the end of the first year
15.2and is available for the second year.
15.3$805,000 the first year and $805,000 the
15.4second year are from the natural resources
15.5fund for trail grants to local units of
15.6government on land to be maintained for at
15.7least 20 years for the purposes of the grants.
15.8This appropriation is from the revenue
15.9deposited in the natural resources fund
15.10under Minnesota Statutes, section 297A.94,
15.11paragraph (e), clause (4).
15.12$200,000 the first year from the off-highway
15.13vehicle damage account in the natural
15.14resources fund is for the all-terrain vehicle
15.15grants-in-aid program.
15.16$100,000 the first year is from the all-terrain
15.17vehicle account in the natural resources fund
15.18for a pass-through grant to Lake County for
15.19completion of the Lake County Regional
15.20All-Terrain Vehicle Trail. This is a onetime
15.21appropriation and is available until spent.
15.22$400,000 each year is from the all-terrain
15.23vehicle account in the natural resources
15.24fund. Of this amount, $100,000 the first
15.25year and $100,000 the second year are for
15.26the all-terrain vehicle grant-in-aid trails
15.27program. $200,000 the first year and
15.28$200,000 the second year are for the creation
15.29and development of all-terrain vehicle
15.30trails. $100,000 each year is to provide
15.31downloadable trail maps on the Internet and
15.32is a onetime appropriation. By January 1,
15.332013, the commissioner shall submit a report
15.34to the chairs and ranking minority members
15.35of the legislative committees and divisions
16.1with jurisdiction over natural resources
16.2policy and finance. The report must indicate
16.3where and how many miles of new all-terrain
16.4vehicle trails were created and designated
16.5with appropriations under this paragraph.
| 16.6 |
Subd. 6.Fish and Wildlife Management |
60,761,000 |
60,161,000 |
||||
| 16.7 |
Appropriations by Fund |
||
| 16.8 |
2012 |
2013 |
|
| 16.9 |
General |
199,000 |
199,000 |
| 16.10 |
Natural Resources |
1,899,000 |
1,899,000 |
| 16.11 |
Game and Fish |
58,663,000 |
58,063,000 |
16.13second year are from the nongame wildlife
16.14account in the natural resources fund for gray
16.15wolf research.
16.16$120,000 the first year and $120,000 the
16.17second year are from the game and fish fund
16.18for gray wolf management.
16.19$8,167,000 the first year and $8,167,000
16.20the second year are from the heritage
16.21enhancement account in the game and
16.22fish fund only for activities specified in
16.23Minnesota Statutes, section 297A.94,
16.24paragraph (e), clause (1). Notwithstanding
16.25Minnesota Statutes, section 297A.94, five
16.26percent of this appropriation may be used for
16.27expanding hunter and angler recruitment and
16.28retention.
16.29Notwithstanding Minnesota Statutes, section
16.3084.943, $13,000 the first year and $13,000
16.31the second year from the critical habitat
16.32private sector matching account may be used
16.33to publicize the critical habitat license plate
16.34match program.
17.1$199,000 the first year and $199,000 the
17.2second year are for preserving, restoring, and
17.3enhancing grassland and wetland complexes
17.4on public or private lands.
17.5$600,000 the first year is from the game and
17.6fish fund for land acquisition.
17.7Notwithstanding Minnesota Statutes, section
17.816A.28, the appropriations encumbered
17.9under contract on or before June 30, 2013, for
17.10aquatic restoration grants and wildlife habitat
17.11grants are available until June 30, 2014.
| 17.12 |
Subd. 7.Enforcement |
31,613,000 |
32,225,000 |
||||
| 17.13 |
Appropriations by Fund |
||
| 17.14 |
2012 |
2013 |
|
| 17.15 |
General |
2,216,000 |
2,216,000 |
| 17.16 |
Natural Resources |
8,868,000 |
9,577,000 |
| 17.17 |
Game and Fish |
20,429,000 |
20,332,000 |
| 17.18 |
Remediation |
100,000 |
100,000 |
17.20the second year are from the heritage
17.21enhancement account in the game and
17.22fish fund for only the purposes specified
17.23in Minnesota Statutes, section 297A.94,
17.24paragraph (e), clause (1).
17.25$240,000 the first year and $143,000
17.26the second year are from the heritage
17.27enhancement account in the game and fish
17.28fund for a conservation officer academy.
17.29$315,000 the first year and $315,000 the
17.30second year are from the snowmobile
17.31trails and enforcement account in the
17.32natural resources fund for grants to local
17.33law enforcement agencies for snowmobile
17.34enforcement activities. Any unencumbered
18.1balance does not cancel at the end of the first
18.2year and is available for the second year.
18.3$250,000 the first year and $250,000 the
18.4second year are from the all-terrain vehicle
18.5account for grants to qualifying organizations
18.6to assist in safety and environmental
18.7education and monitoring trails on public
18.8lands under Minnesota Statutes, section
18.984.9011. Grants issued under this paragraph:
18.10(1) must be issued through a formal
18.11agreement with the organization; and (2)
18.12must not be used as a substitute for traditional
18.13spending by the organization. By December
18.1415 each year, an organization receiving a
18.15grant under this paragraph shall report to the
18.16commissioner with details on expenditures
18.17and outcomes from the grant. By January
18.1815, 2013, the commissioner shall report on
18.19the expenditures and outcomes of the grants
18.20to the chairs and ranking minority members
18.21of the legislative committees and divisions
18.22having jurisdiction over natural resources
18.23policy and finance. Of this appropriation,
18.24$25,000 each year is for administration of
18.25these grants. Any unencumbered balance
18.26does not cancel at the end of the first year
18.27and is available for the second year.
18.28$510,000 the first year and $510,000
18.29the second year are from the natural
18.30resources fund for grants to county law
18.31enforcement agencies for off-highway
18.32vehicle enforcement and public education
18.33activities based on off-highway vehicle use
18.34in the county. Of this amount, $498,000 each
18.35year is from the all-terrain vehicle account;
18.36$11,000 each year is from the off-highway
19.1motorcycle account; and $1,000 each year
19.2is from the off-road vehicle account. The
19.3county enforcement agencies may use
19.4money received under this appropriation
19.5to make grants to other local enforcement
19.6agencies within the county that have a high
19.7concentration of off-highway vehicle use.
19.8Of this appropriation, $25,000 each year
19.9is for administration of these grants. Any
19.10unencumbered balance does not cancel at the
19.11end of the first year and is available for the
19.12second year.
19.13$1,082,000 the first year and $1,082,000 the
19.14second year are from the water recreation
19.15account in the natural resources fund for
19.16grants to counties for boat and water safety.
19.17Any unencumbered balance does not cancel
19.18at the end of the first year and is available for
19.19the second year.
| 19.20 |
Subd. 8.Operations Support |
2,303,000 |
2,303,000 |
||||
| 19.21 |
Appropriations by Fund |
||
| 19.22 |
2012 |
2013 |
|
| 19.23 |
General |
881,000 |
881,000 |
| 19.24 |
Natural Resources |
481,000 |
481,000 |
| 19.25 |
Game and Fish |
941,000 |
941,000 |
19.27second year are from the natural resources
19.28fund for grants to be divided equally between
19.29the city of St. Paul for the Como Park Zoo
19.30and Conservatory and the city of Duluth
19.31for the Duluth Zoo. This appropriation
19.32is from the revenue deposited to the fund
19.33under Minnesota Statutes, section 297A.94,
19.34paragraph (e), clause (5).
| 20.1 20.2 |
Sec. 5. BOARD OF WATER AND SOIL RESOURCES |
$ |
12,562,000 |
$ |
12,562,000 |
||
20.4second year are for natural resources block
20.5grants to local governments. The board may
20.6reduce the amount of the natural resources
20.7block grant to a county by an amount equal to
20.8any reduction in the county's general services
20.9allocation to a soil and water conservation
20.10district from the county's previous year
20.11allocation when the board determines that
20.12the reduction was disproportionate. Grants
20.13must be matched with a combination of local
20.14cash or in-kind contributions. The base
20.15grant portion related to water planning must
20.16be matched by an amount as specified by
20.17Minnesota Statutes, section 103B.3369.
20.18$3,116,000 the first year and $3,116,000
20.19the second year are for grants requested
20.20by soil and water conservation districts for
20.21general purposes, nonpoint engineering, and
20.22implementation of the reinvest in Minnesota
20.23reserve program. Upon approval of the
20.24board, expenditures may be made from these
20.25appropriations for supplies and services
20.26benefiting soil and water conservation
20.27districts. Any district requesting a grant
20.28under this paragraph shall maintain a Web
20.29page that publishes, at a minimum, its annual
20.30plan, annual report, annual audit, annual
20.31budget, including membership dues, and
20.32meeting notices and minutes.
20.33$1,560,000 the first year and $1,560,000
20.34the second year are for grants to soil and
20.35water conservation districts for cost-sharing
21.1contracts for erosion control, water quality
21.2management, feedlot water quality projects.
21.3$386,000 the first year and $386,000 the
21.4second year are for implementation and
21.5enforcement of the Wetland Conservation
21.6Act.
21.7$166,000 the first year and $166,000 the
21.8second year are to provide assistance to local
21.9drainage management officials and for the
21.10costs of the Drainage Work Group.
21.11$100,000 the first year and $100,000
21.12the second year are for a grant to the
21.13Red River Basin Commission for water
21.14quality and floodplain management,
21.15including administration of programs. If the
21.16appropriation in either year is insufficient, the
21.17appropriation in the other year is available
21.18for it.
21.19$120,000 the first year and $120,000
21.20the second year are for grants to Area
21.21II Minnesota River Basin Projects for
21.22floodplain management.
21.23$42,000 each year is to the Minnesota River
21.24Board for operating expenses to measure and
21.25report the results of projects in the 12 major
21.26watersheds within the Minnesota River basin.
21.27Notwithstanding Minnesota Statutes, section
21.28103C.501, the board may shift cost-share
21.29funds in this section and may adjust the
21.30technical and administrative assistance
21.31portion of the grant funds to leverage
21.32federal or other nonstate funds or to address
21.33high-priority needs identified in local water
21.34management plans.
22.1The appropriations for grants in this
22.2section are available until expended. If an
22.3appropriation for grants in either year is
22.4insufficient, the appropriation in the other
22.5year is available for it.
| 22.6 |
Sec. 6. METROPOLITAN COUNCIL |
$ |
8,540,000 |
$ |
8,540,000 |
||
| 22.7 |
Appropriations by Fund |
||
| 22.8 |
2012 |
2013 |
|
| 22.9 |
General |
2,870,000 |
2,870,000 |
| 22.10 |
Natural Resources |
5,670,000 |
5,670,000 |
22.12the second year are for metropolitan area
22.13regional parks operation and maintenance
22.14according to Minnesota Statutes, section
22.15473.351.
22.16$5,670,000 the first year and $5,670,000 the
22.17second year are from the natural resources
22.18fund for metropolitan area regional parks
22.19and trails maintenance and operations. This
22.20appropriation is from the revenue deposited
22.21in the natural resources fund under Minnesota
22.22Statutes, section 297A.94, paragraph (e),
22.23clause (3).
| 22.24 22.25 |
Sec. 7. CONSERVATION CORPS MINNESOTA |
$ |
846,000 |
$ |
746,000 |
||
| 22.26 |
Appropriations by Fund |
||
| 22.27 |
2012 |
2013 |
|
| 22.28 |
General |
356,000 |
256,000 |
| 22.29 |
Natural Resources |
490,000 |
490,000 |
22.31money appropriated from the natural
22.32resources fund under this section only
22.33as provided in an agreement with the
22.34commissioner of natural resources. The
22.35general fund appropriation is onetime.
| 23.1 |
Sec. 8. ZOOLOGICAL BOARD |
$ |
5,591,000 |
$ |
5,591,000 |
||
| 23.2 |
Appropriations by Fund |
||
| 23.3 |
2012 |
2013 |
|
| 23.4 |
General |
5,431,000 |
5,431,000 |
| 23.5 |
Natural Resources |
160,000 |
160,000 |
23.7second year are from the natural resources
23.8fund from the revenue deposited under
23.9Minnesota Statutes, section 297A.94,
23.10paragraph (e), clause (5).
23.11 Sec. 9. EFFECTIVE DATE; RELATIONSHIP TO OTHER APPROPRIATIONS.
23.12Unless otherwise specified, this article is effective retroactively from July 1, 2011,
23.13and supersedes and replaces funding authorized by order of the Second Judicial District
23.14Court in Case No. 62-CV-11-5203.
| 23.17 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
23.19in this article.
| 23.25 |
Sec. 2. ENERGY FINANCE APPROPRIATIONS. |
||||||
23.27agencies and for the purposes specified in this article. The appropriations are from the
23.28general fund, or another named fund, and are available for the fiscal years indicated
23.29for each purpose. The figures "2012" and "2013" used in this article mean that the
23.30appropriations listed under them are available for the fiscal year ending June 30, 2012, or
23.31June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
23.32year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
23.33year ending June 30, 2011, are effective the day following final enactment.
| 24.1 |
APPROPRIATIONS |
||||||
| 24.2 |
Available for the Year |
||||||
| 24.3 |
Ending June 30 |
||||||
| 24.4 |
2012 |
2013 |
|||||
| 24.5 |
Sec. 3. DEPARTMENT OF COMMERCE |
||||||
| 24.6 |
Subdivision 1.Total Appropriation |
$ |
23,514,000 |
$ |
23,522,000 |
||
| 24.7 |
Appropriations by Fund |
||
| 24.8 |
2012 |
2013 |
|
| 24.9 |
General |
21,711,000 |
21,719,000 |
| 24.10 |
Petroleum Cleanup |
1,052,000 |
1,052,000 |
| 24.11 24.12 |
Workers' Compensation |
751,000 |
751,000 |
24.14purpose are specified in the following
24.15subdivisions.
| 24.16 |
Subd. 2.Financial Institutions |
7,124,000 |
7,128,000 |
||||
24.18the second year are for the regulation of
24.19mortgage originators and servicers under
24.20Minnesota Statutes, chapters 58 and 58A.
24.21$350,000 each year is for additional financial
24.22examination services. The commissioner
24.23may issue contracts for these services.
| 24.24 24.25 |
Subd. 3.Petroleum Tank Release Cleanup Board |
1,052,000 |
1,052,000 |
||||
24.27tank release cleanup fund.
| 24.28 |
Subd. 4.Administrative Services |
4,247,000 |
4,247,000 |
||||
24.30compliance efforts with unclaimed property.
24.31The commissioner may issue contracts
24.32for these services. This additional amount
24.33shall be added to the base budget for fiscal
24.34years 2014 and 2015 only. The enhanced
25.1unclaimed property compliance program
25.2shall sunset June 30, 2015.
| 25.3 |
Subd. 5.Telecommunications |
1,010,000 |
1,010,000 |
||||
| 25.4 |
Subd. 6.Market Assurance |
6,915,000 |
6,919,000 |
||||
| 25.5 |
Appropriations by Fund |
||
| 25.6 |
2012 |
2013 |
|
| 25.7 |
General |
6,164,000 |
6,168,000 |
| 25.8 25.9 |
Workers' Compensation |
751,000 |
751,000 |
| 25.10 |
Subd. 7.Energy Resources |
3,166,000 |
3,166,000 |
||||
| 25.11 25.12 |
Sec. 4. TELECOMMUNICATIONS ACCESS MINNESOTA TRANSFERS |
||||||
25.14telecommunications access Minnesota fund.
25.15(b) $300,000 the first year and $300,000
25.16the second year and each year thereafter
25.17are for transfer to the commissioner of
25.18human services to supplement the ongoing
25.19operational expenses of the Commission
25.20of Deaf, DeafBlind, and Hard-of-Hearing
25.21Minnesotans.
25.22(c) In addition to the appropriations and
25.23transfers authorized in Minnesota Statutes,
25.24section 237.52, $400,000 the first year
25.25and $400,000 the second year are onetime
25.26transfers for the following purposes:
25.27(1) $230,000 each year is to the Office of
25.28Enterprise Technology for coordinating
25.29technology accessibility and usability;
25.30(2) $20,000 each year is to the Commission
25.31of Deaf, DeafBlind, and Hard-of-Hearing
25.32Minnesotans to provide information on their
25.33Web site in American Sign Language and to
26.1provide technical assistance to state agencies;
26.2and
26.3(3) $150,000 each year is to the Legislative
26.4Coordinating Commission to provide
26.5captioning of live streaming of legislative
26.6activity on the commission's Web site and
26.7for a consolidated access fund for other state
26.8agencies.
26.9(d) These transfers are subject to Minnesota
26.10Statutes, sections 16A.28 and 16A.281.
| 26.11 |
Sec. 5. PUBLIC UTILITIES COMMISSION |
$ |
6,182,000 |
$ |
6,182,000 |
||
| 26.12 |
Sec. 6. TRANSFERS |
||||||
26.14of management and budget shall transfer
26.15$3,400,000 from the special revenue fund to
26.16the general fund. The transfers must be from
26.17the following appropriation reductions and
26.18accounts with the special revenue fund:
26.19(1) $1,100,000 is from the
26.20telecommunications access Minnesota
26.21fund established in Minnesota Statutes,
26.22section 237.52;
26.23(2) $1,300,000 is from the energy and
26.24conservation account established in
26.25Minnesota Statutes, section 216B.241; and
26.26(3) the commissioner of management and
26.27budget shall transfer $500,000 the first year
26.28and $500,000 the second year to the general
26.29fund from the telephone assistance program
26.30established in Minnesota Statutes, section
26.31237.69.
| 26.32 |
Sec. 7. TRANSFER; ASSIGNED RISK PLAN |
||||||
27.2management and budget shall transfer
27.3$13,742,000 in assets of the workers'
27.4compensation assigned risk plan created
27.5under Minnesota Statutes, section 79.252, to
27.6the general fund.
| 27.7 |
Sec. 8. TRANSFERS IN |
||||||
27.9of the appropriation in Laws 2007, chapter
27.1057, article 2, section 3, subdivision 6, for
27.11biogas recovery facilities, estimated to be
27.12$420,000, is canceled to the general fund.
27.13(b) The remaining balance of the
27.14appropriation in Laws 2007, chapter 57,
27.15article 2, section 3, subdivision 6, clause
27.16(7), as amended by Laws 2008, chapter 340,
27.17section 5, for the Greenhouse Gas Advisory
27.18Group, estimated to be $7,000, is canceled to
27.19the general fund.
27.20(c) In the first year, the remaining balance of
27.21the appropriation in Laws 2007, chapter 57,
27.22article 2, section 3, subdivision 6, clause (5),
27.23for the hydrogen roadmap project, estimated
27.24to be $280,000, is canceled to the general
27.25fund.
27.26(d) The remaining balance of the
27.27appropriation in Laws 2008, chapter 363,
27.28article 6, section 3, subdivision 4, for
27.29renewable grants, estimated to be $368,000,
27.30is canceled to the general fund.
27.31(e) The remaining balance of the
27.32appropriation in Laws 2008, chapter 363,
27.33article 6, section 3, subdivision 4, for the
28.1green economy projects, estimated to be
28.2$59,000, is canceled to the general fund.
28.3(f) The remaining balance of the
28.4appropriation in Laws 2007, chapter 57,
28.5article 2, section 3, subdivision 6, clause
28.6(4), for automotive technology projects,
28.7estimated to be $22,000, is canceled to the
28.8general fund.
28.9(g) The remaining balance of the
28.10appropriation in Laws 2009, chapter 37,
28.11article 2, section 13, paragraph (b), clauses
28.12(1) and (2), for renewable energy and energy
28.13efficiency projects, estimated to be $600,000,
28.14is canceled to the general fund.
28.15 Sec. 9. CANCELLATION.
28.16By August 30, 2011, the commissioner of management and budget shall cancel
28.17the remaining balance of the appropriation in Laws 2007, chapter 57, article 2, section
28.183, subdivision 6, for a grant to the St. Paul Port Authority, estimated to be $700,000,
28.19to the general fund.
28.20 Sec. 10. COMMUNITY ENERGY ACTIVITIES; ASSESSMENT AND GRANT.
28.21The commissioner of commerce shall grant $500,000 in the fiscal year ending June
28.2230, 2012, from assessments made under Minnesota Statutes, section 216B.241, subdivision
28.231e, for the purpose of community energy technical assistance and outreach on renewable
28.24energy and energy efficiency as described in Minnesota Statutes, section 216C.385.
28.25 Sec. 11. EFFECTIVE DATE; RELATIONSHIP TO OTHER APPROPRIATIONS.
28.26Unless otherwise specified, this article is effective retroactively from July 1, 2011,
28.27and supersedes and replaces funding authorized by order of the Second Judicial District
28.28Court in Case No. 62-CV-11-5203.
| 28.32 |
Section 1. MINNESOTA RESOURCES APPROPRIATIONS. |
||||||
29.2agencies and for the purposes specified in this article. The appropriations are from the
29.3environment and natural resources trust fund, or another named fund, and are available for
29.4the fiscal years indicated for each purpose. The figures "2012" and "2013" used in this
29.5article mean that the appropriations listed under them are available for the fiscal year
29.6ending June 30, 2012, or June 30, 2013, respectively. "The first year" is fiscal year 2012.
29.7"The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. The
29.8appropriations in this article are onetime.
| 29.9 |
APPROPRIATIONS |
||||||
| 29.10 |
Available for the Year |
||||||
| 29.11 |
Ending June 30 |
||||||
| 29.12 |
2012 |
2013 |
|||||
| 29.13 |
Sec. 2. MINNESOTA RESOURCES |
||||||
| 29.14 |
Subdivision 1.Total Appropriation |
$ |
26,078,000 |
$ |
25,328,000 |
||
29.24years beginning July 1, 2011, unless
29.25otherwise stated in the appropriation. Any
29.26unencumbered balance remaining in the first
29.27year does not cancel and is available for the
29.28second year.
| 29.29 |
Subd. 2.Definitions |
||||||
29.31environment and natural resources trust fund
29.32referred to in Minnesota Statutes, section
29.33116P.02, subdivision 6.
29.34(b) "State land and water conservation
29.35account (LAWCON)" means the state land
29.36and water conservation account in the natural
30.1resources fund referred to in Minnesota
30.2Statutes, section 116P.14.
| 30.3 30.4 |
Subd. 3.Natural Resource Data and Information |
4,387,000 |
5,388,000 |
||||
30.6$1,125,000 the first year and $1,125,000
30.7the second year are from the trust fund
30.8to the commissioner of natural resources
30.9for continuation of the Minnesota county
30.10biological survey to provide a foundation
30.11for conserving biological diversity by
30.12systematically collecting, interpreting,
30.13and delivering data on plant and animal
30.14distribution and ecology, native plant
30.15communities, and functional landscapes.
30.16(b) County Geologic Atlases for
30.17Sustainable Water Management
30.18$900,000 the first year and $900,000 the
30.19second year are from the trust fund to
30.20accelerate the production of county geologic
30.21atlases to provide information essential to
30.22sustainable management of ground water
30.23resources by defining aquifer boundaries
30.24and the connection of aquifers to the land
30.25surface and surface water resources. Of
30.26this appropriation, $600,000 each year is
30.27to the Board of Regents of the University
30.28of Minnesota for the Geologic Survey and
30.29$300,000 each year is to the commissioner
30.30of natural resources. This appropriation
30.31is available until June 30, 2015, by which
30.32time the project must be completed and final
30.33products delivered.
30.34(c) Completion of Statewide Digital Soil
30.35Survey
31.1$250,000 the first year and $250,000 the
31.2second year are from the trust fund to
31.3the Board of Water and Soil Resources
31.4to accelerate the completion of county
31.5soil survey mapping and Web-based data
31.6delivery. The soil surveys must be done on a
31.7cost-share basis with local and federal funds.
31.8(d) Updating National Wetlands Inventory
31.9for Minnesota - Phase III
31.10$1,500,000 the second year is from the trust
31.11fund to the commissioner of natural resources
31.12to continue the update of wetland inventory
31.13maps for Minnesota. This appropriation
31.14is available until June 30, 2015, by which
31.15time the project must be completed and final
31.16products delivered.
31.17(e) Golden Eagle Survey
31.18$30,000 the first year and $30,000 the
31.19second year are from the trust fund to the
31.20commissioner of natural resources for an
31.21agreement with the National Eagle Center to
31.22increase the understanding of golden eagles
31.23in Minnesota through surveys and education.
31.24This appropriation is available until June
31.2530, 2014, by which time the project must be
31.26completed and final products delivered.
31.27(f) Determining Causes of Mortality in
31.28Moose Populations
31.29$300,000 the first year and $300,000 the
31.30second year are from the trust fund to
31.31the commissioner of natural resources to
31.32determine specific causes of moose mortality
31.33and population decline in Minnesota and
31.34to develop specific management actions to
31.35prevent further population decline. This
32.1appropriation is available until June 30,
32.22015, by which time the project must be
32.3completed and final products delivered.
32.4(g) Prairie Management for Wildlife and
32.5Bioenergy - Phase II
32.6$300,000 the first year and $300,000 the
32.7second year are from the trust fund to the
32.8Board of Regents of the University of
32.9Minnesota to research and evaluate methods
32.10of managing diverse working prairies for
32.11wildlife and renewable bioenergy production.
32.12This appropriation is available until June
32.1330, 2014, by which time the project must be
32.14completed and final products delivered.
32.15(h) Evaluation of Biomass Harvesting
32.16Impacts on Minnesota's Forests
32.17$175,000 the first year and $175,000 the
32.18second year are from the trust fund to the
32.19Board of Regents of the University of
32.20Minnesota to assess the impacts biomass
32.21harvests for energy have on soil nutrients,
32.22native forest vegetation, invasive species
32.23spread, and long-term tree productivity within
32.24Minnesota's forests. This appropriation is
32.25available until June 30, 2014, by which time
32.26the project must be completed and final
32.27products delivered.
32.28(i) Change and Resilience in Boreal Forests
32.29in Northern Minnesota
32.30$75,000 the first year and $75,000 the second
32.31year are from the trust fund to the Board
32.32of Regents of the University of Minnesota
32.33to assess the potential response of northern
32.34Minnesota's boreal forests to observed and
32.35predicted changes in climate conditions and
33.1develop related management guidelines and
33.2adaptation strategies. This appropriation
33.3is available until June 30, 2014, by which
33.4time the project must be completed and final
33.5products delivered.
33.6(j) Information System for Wildlife and
33.7Aquatic Management Areas
33.8$250,000 the first year and $250,000 the
33.9second year are from the trust fund to the
33.10commissioner of natural resources to develop
33.11an information system to facilitate improved
33.12management of wildlife and fish habitat and
33.13facilities. This appropriation is available
33.14until June 30, 2014, by which time the
33.15project must be completed and final products
33.16delivered.
33.17(k) Strengthening Natural Resource
33.18Management with LiDAR Training
33.19$90,000 the first year and $90,000 the second
33.20year are from the trust fund to the Board of
33.21Regents of the University of Minnesota to
33.22provide workshops and Web-based training
33.23and information on the use of LiDAR
33.24elevation data in planning for and managing
33.25natural resources.
33.26(l) Measuring Conservation Practice
33.27Outcomes
33.28$170,000 the first year and $170,000 the
33.29second year are from the trust fund to
33.30the Board of Water and Soil Resources
33.31to improve measurement of impacts of
33.32conservation practices through refinement
33.33of existing and development of new
33.34pollution estimators and by providing local
33.35government training.
34.1(m) Conservation-Based Approach for
34.2Assessing Public Drainage Benefits
34.3$75,000 the first year and $75,000 the second
34.4year are from the trust fund to the Board
34.5of Water and Soil Resources to develop an
34.6alternative framework to assess drainage
34.7benefits on public systems to enhance water
34.8conservation. This appropriation is available
34.9until June 30, 2014, by which time the
34.10project must be completed and final products
34.11delivered.
34.12(n) Mississippi River Central Minnesota
34.13Conservation Planning
34.14$87,000 the first year and $88,000 the
34.15second year are from the trust fund to the
34.16commissioner of natural resources for an
34.17agreement with Stearns County Soil and
34.18Water Conservation District to develop
34.19and adopt river protection strategies in
34.20cooperation with local jurisdictions in
34.21the communities of the 26 miles of the
34.22Mississippi River between Benton and
34.23Stearns Counties. This appropriation must
34.24be matched by $175,000 of nonstate cash or
34.25qualifying in-kind funds.
34.26(o) St. Croix Basin Conservation Planning
34.27and Protection
34.28$60,000 the first year and $60,000 the
34.29second year are from the trust fund to
34.30the commissioner of natural resources for
34.31an agreement with the St. Croix River
34.32Association to develop an interagency plan
34.33to identify and prioritize critical areas for
34.34project implementation to improve watershed
34.35health. This appropriation must be matched
35.1by $120,000 of nonstate cash or qualifying
35.2in-kind funds. Up to $10,000 may be retained
35.3by the Department of Natural Resources at
35.4the request of the St. Croix River Association
35.5to provide technical and mapping assistance.
35.6This appropriation is available until June
35.730, 2014, by which time the project must be
35.8completed and final products delivered.
35.9(p) Species of Concern; Investigations
35.10$500,000 the first year is from the trust fund
35.11to the commissioner of natural resources for
35.12investigating species of concern.
| 35.13 |
Subd. 4.Land, Habitat, and Recreation |
14,629,000 |
13,755,000 |
||||
| 35.14 |
Summary by Fund |
||
| 35.15 35.16 35.17 |
Environment and natural resources trust fund |
13,879,000 |
13,755,000 |
| 35.18 35.19 35.20 |
State land and water conservation account (LAWCON) |
750,000 |
-0- |
35.22Operations and Improvements
35.23$1,877,000 the first year and $1,750,000
35.24the second year are from the trust fund to
35.25the commissioner of natural resources for
35.26state park and recreation area operations
35.27and improvements, including activities
35.28directly related to and necessary for this
35.29appropriation. This appropriation is not
35.30subject to Minnesota Statutes, sections
35.31116P.05, subdivision 2, paragraph (b), and
35.32116P.09, subdivision 4.
35.33(b) State Parks and Trails Land
35.34Acquisition
35.35$1,500,000 the first year and $1,500,000 the
35.36second year are from the trust fund to the
36.1commissioner of natural resources to acquire
36.2state trails and critical parcels within the
36.3statutory boundaries of state parks. State
36.4park land acquired with this appropriation
36.5must be sufficiently improved to meet at
36.6least minimum management standards, as
36.7determined by the commissioner of natural
36.8resources. A list of proposed acquisitions
36.9must be provided as part of the required work
36.10program. This appropriation is available
36.11until June 30, 2014, by which time the
36.12project must be completed and final products
36.13delivered.
36.14(c) Metropolitan Regional Park System
36.15Acquisition
36.16$1,125,000 the first year and $1,125,000
36.17the second year are from the trust fund to
36.18the Metropolitan Council for grants for the
36.19acquisition of lands within the approved park
36.20unit boundaries of the metropolitan regional
36.21park system. This appropriation may not
36.22be used for the purchase of residential
36.23structures. A list of proposed fee title and
36.24easement acquisitions must be provided as
36.25part of the required work program. This
36.26appropriation must be matched by at least
36.2740 percent of nonstate money and must be
36.28committed by December 31, 2011, or the
36.29appropriation cancels. This appropriation
36.30is available until June 30, 2014, at which
36.31time the project must be completed and final
36.32products delivered, unless an earlier date is
36.33specified in the work program.
36.34(d) Regional Park, Trail, and Connection
36.35Acquisition and Development Grants
37.1$1,000,000 the first year and $1,000,000 the
37.2second year are from the trust fund to the
37.3commissioner of natural resources to provide
37.4matching grants to local units of government
37.5for acquisition and development of regional
37.6parks, regional trails, and trail connections.
37.7The local match required for a grant to
37.8acquire a regional park or regional outdoor
37.9recreation area is two dollars of nonstate
37.10money for each three dollars of state money.
37.11This appropriation is available until June
37.1230, 2014, by which time the project must be
37.13completed and final products delivered.
37.14(e) Scientific and Natural Area Acquisition
37.15and Restoration
37.16$820,000 the first year and $820,000 the
37.17second year are from the trust fund to
37.18the commissioner of natural resources
37.19to acquire lands with high-quality native
37.20plant communities and rare features to be
37.21established as scientific and natural areas
37.22as provided in Minnesota Statutes, section
37.2386A.05, subdivision 5, restore parts of
37.24scientific and natural areas, and provide
37.25technical assistance and outreach. A list
37.26of proposed acquisitions must be provided
37.27as part of the required work program.
37.28Land acquired with this appropriation
37.29must be sufficiently improved to meet at
37.30least minimum management standards, as
37.31determined by the commissioner of natural
37.32resources. This appropriation is available
37.33until June 30, 2014, by which time the
37.34project must be completed and final products
37.35delivered.
38.1(f) LaSalle Lake State Recreation Area
38.2Acquisition
38.3$1,000,000 the first year and $1,000,000
38.4the second year are from the trust fund to
38.5the commissioner of natural resources for
38.6an agreement with The Trust for Public
38.7Land to acquire approximately 190 acres
38.8to be designated as a state recreation area
38.9as provided in Minnesota Statutes, section
38.1086A.05, subdivision 3, on LaSalle Lake
38.11adjacent to the upper Mississippi River. If
38.12this acquisition is not completed by July
38.1315, 2012, then the appropriation is available
38.14to the Department of Natural Resources
38.15for other state park and recreation area
38.16acquisitions on the priority list. Up to
38.17$10,000 may be retained by the Department
38.18of Natural Resources at the request of
38.19The Trust for Public Land for transaction
38.20costs, associated professional services, and
38.21restoration needs.
38.22(g) Minnesota River Valley Green
38.23Corridor Scientific and Natural Area
38.24Acquisition
38.25$1,000,000 the first year and $1,000,000
38.26the second year are from the trust fund
38.27to the commissioner of natural resources
38.28for an agreement with the Redwood Area
38.29Communities Foundation to acquire lands
38.30with high-quality native plant communities
38.31and rare features to be established as scientific
38.32and natural areas as provided in Minnesota
38.33Statutes, section 86A.05, subdivision 5. A list
38.34of proposed acquisitions must be provided
38.35as part of the required work program.
39.1Land acquired with this appropriation
39.2must be sufficiently improved to meet at
39.3least minimum management standards, as
39.4determined by the commissioner of natural
39.5resources. Up to $54,000 may be retained by
39.6the Department of Natural Resources at the
39.7request of the Redwood Area Communities
39.8Foundation for transaction costs, associated
39.9professional services, and restoration needs.
39.10This appropriation is available until June
39.1130, 2014, by which time the project must be
39.12completed and final products delivered.
39.13(h) Native Prairie Stewardship and Native
39.14Prairie Bank Acquisition
39.15$500,000 the first year and $500,000 the
39.16second year are from the trust fund to the
39.17commissioner of natural resources to acquire
39.18native prairie bank easements, prepare
39.19baseline property assessments, restore and
39.20enhance native prairie sites, and provide
39.21technical assistance to landowners. This
39.22appropriation is available until June 30,
39.232014, by which time the project must be
39.24completed and final products delivered.
39.25(i) Metropolitan Conservation Corridors
39.26(MeCC) - Phase VI
39.27$1,737,000 the first year and $1,738,000
39.28the second year are from the trust fund
39.29to the commissioner of natural resources
39.30for the acceleration of agency programs
39.31and cooperative agreements. Of this
39.32appropriation, $150,000 the first year
39.33and $150,000 the second year are to the
39.34commissioner of natural resources for
39.35agency programs and $3,175,000 is for the
40.1agreements as follows: $100,000 the first
40.2year and $100,000 the second year with
40.3Friends of the Mississippi River; $517,000
40.4the first year and $518,000 the second year
40.5with Dakota County; $200,000 the first year
40.6and $200,000 the second year with Great
40.7River Greening; $220,000 the first year and
40.8$220,000 the second year with Minnesota
40.9Land Trust; $300,000 the first year and
40.10$300,000 the second year with Minnesota
40.11Valley National Wildlife Refuge Trust, Inc.;
40.12and $250,000 the first year and $250,000
40.13the second year with The Trust for Public
40.14Land for planning, restoring, and protecting
40.15priority natural areas in the metropolitan area,
40.16as defined under Minnesota Statutes, section
40.17473.121, subdivision 2, and portions of the
40.18surrounding counties, through contracted
40.19services, technical assistance, conservation
40.20easements, and fee title acquisition. Land
40.21acquired with this appropriation must
40.22be sufficiently improved to meet at least
40.23minimum management standards, as
40.24determined by the commissioner of natural
40.25resources. Expenditures are limited to the
40.26identified project corridor areas as defined
40.27in the work program. This appropriation
40.28may not be used for the purchase of
40.29habitable residential structures, unless
40.30expressly approved in the work program. All
40.31conservation easements must be perpetual
40.32and have a natural resource management
40.33plan. Any land acquired in fee title by the
40.34commissioner of natural resources with
40.35money from this appropriation must be
40.36designated as an outdoor recreation unit
41.1under Minnesota Statutes, section 86A.07.
41.2The commissioner may similarly designate
41.3any lands acquired in less than fee title. A
41.4list of proposed restorations and fee title
41.5and easement acquisitions must be provided
41.6as part of the required work program. An
41.7entity that acquires a conservation easement
41.8with appropriations from the trust fund
41.9must have a long-term stewardship plan
41.10for the easement and a fund established for
41.11monitoring and enforcing the agreement.
41.12Money appropriated from the trust fund for
41.13easement acquisition may be used to establish
41.14a monitoring, management, and enforcement
41.15fund as approved in the work program. An
41.16annual financial report is required for any
41.17monitoring, management, and enforcement
41.18fund established, including expenditures
41.19from the fund. This appropriation is available
41.20until June 30, 2014, by which time the
41.21project must be completed and final products
41.22delivered.
41.23(j) Habitat Conservation Partnership
41.24(HCP) - Phase VII
41.25$1,737,000 the first year and $1,738,000
41.26the second year are from the trust fund
41.27to the commissioner of natural resources
41.28for the acceleration of agency programs
41.29and cooperative agreements. Of this
41.30appropriation, $125,000 the first year
41.31and $125,000 the second year are to the
41.32commissioner of natural resources for
41.33agency programs and $3,225,000 is for
41.34agreements as follows: $637,000 the first
41.35year and $638,000 the second year with
41.36Ducks Unlimited, Inc.; $38,000 the first year
42.1and $37,000 the second year with Friends
42.2of Detroit Lakes Wetland Management
42.3District; $25,000 the first year and $25,000
42.4the second year with Leech Lake Band of
42.5Ojibwe; $225,000 the first year and $225,000
42.6the second year with Minnesota Land Trust;
42.7$200,000 the first year and $200,000 the
42.8second year with Minnesota Valley National
42.9Wildlife Refuge Trust, Inc.; $242,000 the
42.10first year and $243,000 the second year
42.11with Pheasants Forever, Inc.; and $245,000
42.12the first year and $245,000 the second year
42.13with The Trust for Public Land to plan,
42.14restore, and acquire fragmented landscape
42.15corridors that connect areas of quality habitat
42.16to sustain fish, wildlife, and plants. The
42.17United States Department of Agriculture,
42.18Natural Resources Conservation Service,
42.19is an authorized cooperating partner in the
42.20appropriation. Expenditures are limited to
42.21the project corridor areas as defined in the
42.22work program. Land acquired with this
42.23appropriation must be sufficiently improved
42.24to meet at least minimum habitat and facility
42.25management standards, as determined by
42.26the commissioner of natural resources.
42.27This appropriation may not be used for the
42.28purchase of habitable residential structures,
42.29unless expressly approved in the work
42.30program. All conservation easements must
42.31be perpetual and have a natural resource
42.32management plan. Any land acquired in fee
42.33title by the commissioner of natural resources
42.34with money from this appropriation must
42.35be designated as an outdoor recreation unit
42.36under Minnesota Statutes, section 86A.07.
43.1The commissioner may similarly designate
43.2any lands acquired in less than fee title. A
43.3list of proposed restorations and fee title
43.4and easement acquisitions must be provided
43.5as part of the required work program. An
43.6entity who acquires a conservation easement
43.7with appropriations from the trust fund
43.8must have a long-term stewardship plan
43.9for the easement and a fund established for
43.10monitoring and enforcing the agreement.
43.11Money appropriated from the trust fund for
43.12easement acquisition may be used to establish
43.13a monitoring, management, and enforcement
43.14fund as approved in the work program. An
43.15annual financial report is required for any
43.16monitoring, management, and enforcement
43.17fund established, including expenditures
43.18from the fund. This appropriation is available
43.19until June 30, 2014, by which time the
43.20project must be completed and final products
43.21delivered.
43.22(k) Natural and Scenic Area Acquisition
43.23Grants
43.24$500,000 the first year and $500,000 the
43.25second year are from the trust fund to the
43.26commissioner of natural resources to provide
43.27matching grants to local governments for
43.28acquisition of natural and scenic areas, as
43.29provided in Minnesota Statutes, section
43.3085.019, subdivision 4a. This appropriation
43.31is available until June 30, 2014, by which
43.32time the project must be completed and final
43.33products delivered.
43.34(l) Acceleration of Minnesota Conservation
43.35Assistance
44.1$313,000 the first year and $312,000 the
44.2second year are from the trust fund to the
44.3Board of Water and Soil Resources to provide
44.4grants to soil and water conservation districts
44.5to provide technical assistance to secure
44.6enrollment and retention of private lands in
44.7federal and state programs for conservation.
44.8(m) Conservation Easement Stewardship
44.9and Enforcement Program - Phase II
44.10$250,000 the first year and $250,000 the
44.11second year are from the trust fund to
44.12the commissioner of natural resources to
44.13accelerate the implementation of the Phase
44.14I Conservation Easement Stewardship Plan
44.15being developed with an appropriation
44.16from Laws 2008, chapter 367, section 2,
44.17subdivision 5, paragraph (h).
44.18(n) Recovery of At-Risk Native Prairie
44.19Species
44.20$73,000 the first year and $74,000 the second
44.21year are from the trust fund to the Board of
44.22Water and Soil Resources for an agreement
44.23with the Martin County Soil and Water
44.24Conservation District to collect, propagate,
44.25and plant declining, at-risk native species
44.26on protected habitat and to enhance private
44.27market sources for local ecotype native seed.
44.28This appropriation is available until June
44.2930, 2014, by which time the project must be
44.30completed and final products delivered.
44.31(o) Understanding Threats, Genetic
44.32Diversity, and Conservation Options for
44.33Wild Rice
44.34$97,000 the first year and $98,000 the second
44.35year are from the trust fund to the Board
45.1of Regents of the University of Minnesota
45.2to research the genetic diversity of wild
45.3rice population throughout Minnesota for
45.4use in related conservation and restoration
45.5efforts. This appropriation is contingent upon
45.6demonstration of review and cooperation
45.7with the Native American tribal nations
45.8in Minnesota. Equipment purchased with
45.9this appropriation must be available for
45.10future publicly funded projects at no charge
45.11except for typical operating expenses. This
45.12appropriation is available until June 30,
45.132014, by which time the project must be
45.14completed and final products delivered.
45.15(p) Southeast Minnesota Stream
45.16Restoration
45.17$125,000 the first year and $125,000 the
45.18second year are from the trust fund to the
45.19commissioner of natural resources for an
45.20agreement with Trout Unlimited to restore at
45.21least four miles of riparian corridor for trout
45.22and nongame species in southeast Minnesota
45.23and increase local capacities to implement
45.24stream restoration through training and
45.25technical assistance. This appropriation is
45.26available until June 30, 2014, by which time
45.27the project must be completed and final
45.28products delivered.
45.29(q) Restoration Strategies for Ditched
45.30Peatland Scientific and Natural Areas
45.31$100,000 the first year and $100,000 the
45.32second year are from the trust fund to the
45.33commissioner of natural resources to evaluate
45.34the hydrology and habitat of the Winter Road
45.35Lake peatland watershed protection area to
46.1determine the effects of ditch abandonment
46.2and examine the potential for restoration
46.3of patterned peatlands. This appropriation
46.4is available until June 30, 2014, by which
46.5time the project must be completed and final
46.6products delivered.
46.7(r) Northeast Minnesota White Cedar
46.8Plant Community Restoration
46.9$125,000 for the first year and $125,000
46.10the second year are from the trust fund to
46.11the Board of Water and Soil Resources to
46.12assess the decline of northern white cedar
46.13plant communities in northeast Minnesota,
46.14prioritize cedar sites for restoration, and
46.15provide cedar restoration training to local
46.16units of government.
46.17(s) Land and Water Conservation Account
46.18(LAWCON) Federal Reimbursement
46.19$750,000 is from the state land and water
46.20conservation account (LAWCON) in the
46.21natural resources fund to the commissioner of
46.22natural resources for priorities established by
46.23the commissioner for eligible state projects
46.24and administrative and planning activities
46.25consistent with Minnesota Statutes, section
46.26116P.14, and the federal Land and Water
46.27Conservation Fund Act. This appropriation
46.28is available until June 30, 2014, by which
46.29time the project must be completed and final
46.30products delivered.
| 46.31 |
Subd. 5.Water Resources |
778,000 |
779,000 |
||||
46.33Identification
47.1$80,000 the first year and $80,000 the
47.2second year are from the trust fund to the
47.3commissioner of natural resources for an
47.4agreement with Itasca County Soil and Water
47.5Conservation District to identify sensitive
47.6lakeshore and restorable shoreline in Itasca
47.7County. Up to $130,000 may be retained by
47.8the Department of Natural Resources at the
47.9request of Itasca County to provide technical
47.10assistance.
47.11(b) Trout Stream Springshed Mapping in
47.12Southeast Minnesota - Phase III
47.13$250,000 the first year and $250,000 the
47.14second year are from the trust fund to
47.15continue to identify and delineate water
47.16supply areas and springsheds for springs
47.17serving as cold water sources for trout
47.18streams and to assess the impacts from
47.19development and water appropriations. Of
47.20this appropriation, $140,000 each year is to
47.21the Board of Regents of the University of
47.22Minnesota and $110,000 each year is to the
47.23commissioner of natural resources.
47.24(c) Mississippi River Water Quality
47.25Assessment
47.26$278,000 the first year and $279,000 the
47.27second year are from the trust fund to the
47.28Board of Regents of the University of
47.29Minnesota to assess water quality in the
47.30Mississippi River using DNA sequencing
47.31approaches and chemical analyses. The
47.32assessments shall be incorporated into
47.33a Web-based educational tool for use
47.34in classrooms and public exhibits. This
47.35appropriation is available until June 30,
48.12014, by which time the project must be
48.2completed and final products delivered.
48.3(d) Zumbro River Watershed Restoration
48.4Prioritization
48.5$75,000 the first year and $75,000 the
48.6second year are from the trust fund to the
48.7commissioner of natural resources for an
48.8agreement with the Zumbro Watershed
48.9Partnership, Inc. to identify sources of
48.10erosion and runoff in the Zumbro River
48.11Watershed in order to prioritize restoration
48.12and protection projects.
48.13(e) Assessment of Minnesota River
48.14Antibiotic Concentrations
48.15$95,000 the first year and $95,000 the
48.16second year are from the trust fund to the
48.17commissioner of natural resources for an
48.18agreement with Saint Thomas University
48.19in cooperation with Gustavus Adolphus
48.20College and the University of Minnesota
48.21to measure antibiotic concentrations and
48.22antibiotic resistance levels at sites on the
48.23Minnesota River.
| 48.24 48.25 |
Subd. 6.Aquatic and Terrestrial Invasive Species |
435,000 |
435,000 |
||||
48.27Microbes in Ballast Water
48.28$125,000 the first year and $125,000 the
48.29second year are from the trust fund to the
48.30Board of Regents of the University of
48.31Minnesota for the University of Minnesota
48.32Duluth to identify and analyze potentially
48.33harmful bacteria transported into Lake
48.34Superior through ship ballast water
48.35discharge. This appropriation is available
49.1until June 30, 2014, by which time the
49.2project must be completed and final products
49.3delivered.
49.4(b) Emerald Ash Borer Biocontrol
49.5Research and Implementation
49.6$250,000 the first year and $250,000 the
49.7second year are from the trust fund to the
49.8commissioner of agriculture to assess a
49.9biocontrol method for suppressing emerald
49.10ash borers by testing bioagent winter survival
49.11potential, developing release and monitoring
49.12methods, and piloting implementation
49.13of emerald ash borer biocontrol. This
49.14appropriation is available until June 30,
49.152014, by which time the project must be
49.16completed and final products delivered.
49.17(c) Evaluation of Switchgrass as Biofuel
49.18Crop
49.19$60,000 the first year and $60,000 the second
49.20year are from the trust fund to the Minnesota
49.21State Colleges and Universities System for
49.22Central Lakes College in cooperation with
49.23the University of Minnesota to determine
49.24the invasion risk of selectively bred
49.25native grasses for biofuel production and
49.26develop strategies to minimize the invasion
49.27potential and impacts on biodiversity. This
49.28appropriation is available until June 30,
49.292014, by which time the project must be
49.30completed and final products delivered.
| 49.31 |
Subd. 7.Renewable Energy and Air Quality |
75,000 |
75,000 |
||||
49.33Sustainable Bioenergy Projects
50.1$75,000 the first year and $75,000 the
50.2second year are from the trust fund to
50.3the commissioner of natural resources
50.4for an agreement with Dovetail Partners,
50.5Inc., in cooperation with the University of
50.6Minnesota to assess feasibility, impacts,
50.7and management needs of community-scale
50.8forest bioenergy systems through pilot
50.9studies in Ely and Cook County and to
50.10disseminate findings to inform related efforts
50.11in other communities.
| 50.12 |
Subd. 8.Environmental Education |
688,000 |
123,000 |
||||
50.14Energy Conservation in West Central and
50.15Southwest Minnesota
50.16$123,000 the first year and $123,000 the
50.17second year are from the trust fund to
50.18the commissioner of natural resources
50.19for an agreement with Prairie Woods
50.20Environmental Learning Center to initiate
50.21youth-led renewable energy and conservation
50.22projects in over thirty communities in west
50.23central and southwest Minnesota.
50.24(b) Minnesota Junior Master Naturalist
50.25Program
50.26$365,000 the first year is from the trust fund
50.27to the Board of Regents of the University
50.28of Minnesota to expand the junior naturalist
50.29after-school programs. This appropriation
50.30is available until June 30, 2014, by which
50.31time the project must be completed and final
50.32products delivered.
50.33(c) Experiential Environmental Education
50.34for Urban Youth
51.1$200,000 the first year is from the trust fund
51.2to the commissioner of natural resources
51.3for an agreement with Hennepin County
51.4in cooperation with community partners
51.5to initiate new environmental education
51.6programs targeting inner-city youth that
51.7provide hands-on, experiential outdoor
51.8learning opportunities. This appropriation
51.9is available until June 30, 2014, by which
51.10time the project must be completed and final
51.11products delivered.
| 51.12 |
Subd. 9.Emerging Issues |
4,522,000 |
4,213,000 |
||||
51.14Academy
51.15$100,000 the first year and $100,000 the
51.16second year are from the trust fund to
51.17the Board of Water and Soil Resources
51.18in cooperation with Conservation Corps
51.19Minnesota to train and mentor future
51.20conservation professionals by providing
51.21apprenticeship service opportunities to
51.22soil and water conservation districts. This
51.23appropriation is available until June 30,
51.242014, by which time the project must be
51.25completed and the final products delivered.
51.26(b) Chronic Wasting Disease and Animal
51.27Health
51.28$600,000 the first year and $600,000 the
51.29second year are from the trust fund to the
51.30commissioner of natural resources to address
51.31chronic wasting disease and accelerate
51.32wildlife health programs, including activities
51.33directly related to and necessary for this
51.34appropriation.
51.35(c) Aquatic Invasive Species
52.1$2,177,000 the first year and $3,513,000
52.2the second year are from the trust fund
52.3to the commissioner of natural resources
52.4to accelerate aquatic invasive species
52.5programs, including the development
52.6and implementation of best management
52.7practices for public water access facilities
52.8to implement aquatic invasive species
52.9prevention strategies, including activities
52.10directly related to and necessary for this
52.11appropriation. $50,000 is for a grant
52.12to develop and produce a documentary
52.13identifying the challenges presented by
52.14aquatic invasive species. The documentary
52.15shall be available to the Department of
52.16Natural Resources to distribute to watercraft
52.17license purchasers and the general public
52.18through online and other media.
52.19(d) Reinvest in Minnesota Wetlands
52.20Reserve Acquisition and Restoration
52.21Program Partnership
52.22$1,645,000 the first year is to the Board
52.23of Water and Soil Resources to acquire
52.24permanent conservation easements and
52.25restore wetlands and associated upland
52.26habitat in cooperation with the United States
52.27Department of Agriculture Wetlands Reserve
52.28Program. A list of proposed land acquisitions
52.29must be provided as part of the required work
52.30program.
52.31(e) Limitation
52.32Appropriations in paragraphs (b) and (c) are
52.33not subject to Minnesota Statutes, sections
52.34116P.05, subdivision 2, paragraph (b), and
52.35116P.09, subdivision 4.
| 53.1 53.2 |
Subd. 10.Administration and Contract Management |
564,000 |
560,000 |
||||
53.4Minnesota Resources (LCCMR)
53.5$473,000 the first year and $473,000 the
53.6second year are from the trust fund to the
53.7LCCMR for administration as provided
53.8in Minnesota Statutes, section 116P.09,
53.9subdivision 5.
53.10(b) Contract Management
53.11$88,000 the first year and $87,000 the
53.12second year are from the trust fund to
53.13the commissioner of natural resources
53.14for expenses incurred for contract fiscal
53.15services for the agreements specified in this
53.16section. The commissioner shall provide
53.17documentation to the Legislative-Citizen
53.18Commission on Minnesota Resources
53.19on the expenditure of these funds. This
53.20appropriation is available until June 30, 2014.
53.21(c) LCC Web Site
53.22$3,000 in the first year is appropriated to the
53.23Legislative Coordinating Commission for
53.24the Web site required in Minnesota Statutes,
53.25section 3.303, subdivision 10.
| 53.26 |
Subd. 11.Availability of Appropriations |
||||||
53.28not be spent on activities unless they are
53.29directly related to the specific appropriation
53.30and are specified in the approved work
53.31program. Money appropriated in this section
53.32must not be spent on indirect costs or other
53.33institutional overhead charges. Unless
53.34otherwise provided, the amounts in this
54.1section are available until June 30, 2014,
54.2when projects must be completed and final
54.3products delivered. For acquisition of real
54.4property, the amounts in this section are
54.5available until June 30, 2014, if a binding
54.6contract is entered into by June 30, 2013,
54.7and closed not later than June 30, 2014. If
54.8a project receives a federal grant, the time
54.9period of the appropriation is extended to
54.10equal the federal grant period.
| 54.11 |
Subd. 12. Data Availability Requirements |
||||||
54.13this section must conform to guidelines and
54.14standards adopted by the Office of Enterprise
54.15Technology. Spatial data also must conform
54.16to additional guidelines and standards
54.17designed to support data coordination and
54.18distribution that have been published by the
54.19Minnesota Geospatial Information Office.
54.20Descriptions of spatial data must be prepared
54.21as specified in the state's geographic metadata
54.22guideline and must be submitted to the
54.23Minnesota Geospatial Information Office.
54.24All data must be accessible and free to the
54.25public unless made private under the Data
54.26Practices Act, Minnesota Statutes, chapter
54.2713.
54.28To the extent practicable, summary data and
54.29results of projects funded under this section
54.30should be readily accessible on the Internet
54.31and identified as an environment and natural
54.32resources trust fund project.
| 54.33 |
Subd. 13.Project Requirements |
||||||
54.35appropriation under this section, any agency
55.1or entity receiving an appropriation or a
55.2party to an agreement from an appropriation
55.3must comply with paragraphs (b) to (k) and
55.4Minnesota Statutes, chapter 116P, and must
55.5submit a work program and semiannual
55.6progress reports in the form determined
55.7by the Legislative-Citizen Commission on
55.8Minnesota Resources for any project funded
55.9in whole or in part with funds from the
55.10appropriation.
55.11(b) For all restorations conducted with money
55.12appropriated under this section, a recipient
55.13must prepare an ecological restoration
55.14and management plan that, to the degree
55.15practicable, is consistent with the highest
55.16quality conservation and ecological goals for
55.17the restoration site. Consideration should
55.18be given to soil, geology, topography, and
55.19other relevant factors that would provide
55.20the best chance for long-term success of the
55.21restoration projects. The plan must include
55.22the proposed timetable for implementing
55.23the restoration, including site preparation,
55.24establishment of diverse plant species,
55.25maintenance, and additional enhancement to
55.26establish the restoration; identify long-term
55.27maintenance and management needs of
55.28the restoration and how the maintenance,
55.29management, and enhancement will be
55.30financed; and take advantage of the best
55.31available science and include innovative
55.32techniques to achieve the best restoration.
55.33(c) Any entity receiving an appropriation in
55.34this section for restoration activities must
55.35provide an initial restoration evaluation
55.36at the completion of the appropriation
56.1and an evaluation three years beyond the
56.2completion of the expenditure. Restorations
56.3must be evaluated relative to the stated
56.4goals and standards in the restoration plan,
56.5current science, and, when applicable, the
56.6Board of Water and Soil Resources' native
56.7vegetation establishment and enhancement
56.8guidelines. The evaluation shall determine
56.9whether the restorations are meeting planned
56.10goals, identify any problems with the
56.11implementation of the restorations, and,
56.12if necessary, give recommendations on
56.13improving restorations. The evaluation shall
56.14be focused on improving future restorations.
56.15(d) Except as otherwise provided in this
56.16section, all restoration and enhancement
56.17projects funded with money appropriated in
56.18this section must be on land permanently
56.19protected by a conservation easement or
56.20public ownership or in public waters as
56.21defined in Minnesota Statutes, section
56.22103G.005, subdivision 15.
56.23(e) A recipient of money from an
56.24appropriation under this section must
56.25give consideration to contracting with
56.26Conservation Corps Minnesota or its
56.27successor for contract restoration and
56.28enhancement services.
56.29(f) All conservation easements acquired with
56.30money appropriated under this section must:
56.31(1) be perpetual;
56.32(2) specify the parties to an easement in the
56.33easement;
56.34(3) specify all of the provisions of an
56.35agreement that are perpetual;
57.1(4) be sent to the Office of the
57.2Legislative-Citizen Commission on
57.3Minnesota Resources in an electronic format;
57.4(5) include a long-term monitoring and
57.5enforcement plan and funding for monitoring
57.6and enforcing the easement agreement; and
57.7(6) include requirements in the easement
57.8document to address specific water quality
57.9protection activities such as keeping water
57.10on the landscape, reducing nutrient and
57.11contaminant loading, protecting groundwater,
57.12and not permitting artificial hydrological
57.13modifications.
57.14(g) For any acquisition of land or interest in
57.15land, a recipient of money appropriated under
57.16this section must give priority to high quality
57.17natural resources or conservation lands that
57.18provide natural buffers to water resources.
57.19(h) For new lands acquired with money
57.20appropriated under this section, a recipient
57.21must prepare a restoration and management
57.22plan in compliance with paragraph
57.23(b), including sufficient funding for
57.24implementation unless the work program
57.25addresses why a portion of the money is
57.26not necessary to achieve a high quality
57.27restoration.
57.28(i) To the extent an appropriation is used to
57.29acquire an interest in real property, a recipient
57.30of an appropriation under this section must
57.31provide to the Legislative-Citizen
57.32Commission on Minnesota Resources and
57.33the commissioner of management and budget
57.34an analysis of increased operations and
57.35maintenance costs likely to be incurred by
58.1public entities as a result of the acquisition
58.2and how these costs are to be paid.
58.3(j) To ensure public accountability for the
58.4use of public funds, a recipient of money
58.5appropriated under this section must provide
58.6to the Legislative-Citizen Commission on
58.7Minnesota Resources documentation of the
58.8selection process used to identify parcels
58.9acquired and provide documentation of all
58.10related transaction costs, including but not
58.11limited to appraisals, legal fees, recording
58.12fees, commissions, other similar costs,
58.13and donations. This information must be
58.14provided for all parties involved in the
58.15transaction. The recipient must also report
58.16to the Legislative-Citizen Commission on
58.17Minnesota Resources any difference between
58.18the acquisition amount paid to the seller
58.19and the state-certified or state-reviewed
58.20appraisal, if a state-certified or state-reviewed
58.21appraisal was conducted. Acquisition data
58.22such as appraisals may remain private
58.23during negotiations but must ultimately
58.24be made public according to Minnesota
58.25Statutes, chapter 13. The Legislative-Citizen
58.26Commission on Minnesota Resources shall
58.27review the requirement in this paragraph
58.28and provide a recommendation on whether
58.29to continue or modify the requirement in
58.30future years. The commission may waive
58.31the application of this paragraph for specific
58.32projects.
58.33(k) A recipient of an appropriation from
58.34the trust fund under this section must
58.35acknowledge financial support from the
58.36Minnesota environment and natural resources
59.1trust fund in project publications, signage,
59.2and other public communications and
59.3outreach related to work completed using the
59.4appropriation. Acknowledgment may occur,
59.5as appropriate, through use of the trust fund
59.6logo or inclusion of language attributing
59.7support from the trust fund.
| 59.8 59.9 |
Subd. 14.Payment Conditions and Capital Equipment Expenditures |
||||||
59.11to in this section must be administered on
59.12a reimbursement basis unless otherwise
59.13provided in this section. Notwithstanding
59.14Minnesota Statutes, section 16A.41,
59.15expenditures made on or after July 1,
59.162011, or the date the work program is
59.17approved, whichever is later, are eligible for
59.18reimbursement unless otherwise provided
59.19in this section. Periodic payment must
59.20be made upon receiving documentation
59.21that the deliverable items articulated in
59.22the approved work program have been
59.23achieved, including partial achievements
59.24as evidenced by approved progress reports.
59.25Reasonable amounts may be advanced to
59.26projects to accommodate cash flow needs or
59.27match federal money. The advances must
59.28be approved as part of the work program.
59.29No expenditures for capital equipment are
59.30allowed unless expressly authorized in the
59.31project work program.
| 59.32 59.33 |
Subd. 15.Purchase of Recycled and Recyclable Materials |
||||||
59.35corporation, or other entity that receives an
59.36appropriation under this section must use the
60.1appropriation in compliance with Minnesota
60.2Statutes, section 16B.121, regarding
60.3purchase of recycled, repairable, and durable
60.4materials; and Minnesota Statutes, section
60.516B.122, regarding purchase and use of
60.6paper stock and printing.
| 60.7 60.8 |
Subd. 16.Energy Conservation and Sustainable Building Guidelines |
||||||
60.10under this section for a capital improvement
60.11project must ensure that the project complies
60.12with the applicable energy conservation and
60.13sustainable building guidelines and standards
60.14contained in law, including Minnesota
60.15Statutes, sections 16B.325, 216C.19, and
60.16216C.20, and rules adopted under those
60.17sections. The recipient may use the energy
60.18planning, advocacy, and State Energy Office
60.19units of the Department of Commerce to
60.20obtain information and technical assistance
60.21on energy conservation and alternative
60.22energy development relating to the planning
60.23and construction of the capital improvement
60.24project.
| 60.25 |
Subd. 17.Accessibility |
||||||
60.27meet the design standards in the Americans
60.28with Disabilities Act (ADA) accessibility
60.29guidelines.
| 60.30 |
Subd. 18.Carryforward |
||||||
60.32the following projects is extended to June
60.3330, 2012:
61.1(1) Laws 2008, chapter 367, section 2,
61.2subdivision 3, paragraph (g), State Land
61.3Acquisition Consolidation;
61.4(2) Laws 2008, chapter 367, section
61.52, subdivision 4, paragraph (f), Native
61.6Shoreland Buffer Incentives Program;
61.7(3) Laws 2008, chapter 367, section 2,
61.8subdivision 4, paragraph (g), Southeast
61.9Minnesota Stream Restoration Projects;
61.10(4) Laws 2009, chapter 143, section 2,
61.11subdivision 4, paragraph (a), State Park
61.12Acquisition;
61.13(5) Laws 2009, chapter 143, section 2,
61.14subdivision 4, paragraph (b), State Trail
61.15Acquisition;
61.16(6) Laws 2009, chapter 143, section 2,
61.17subdivision 6, paragraph (c), Improving
61.18Emerging Fish Disease Surveillance in
61.19Minnesota;
61.20(7) Laws 2009, chapter 143, section 2,
61.21subdivision 8, paragraph (a), Contract
61.22Management; and
61.23(8) Laws 2009, chapter 143, section
61.242, subdivision 8, paragraph (b),
61.25Legislative-Citizen Commission on
61.26Minnesota Resources (LCCMR) for purposes
61.27provided under Minnesota Statutes, section
61.2816A.281.
61.29(b) The availability of the appropriation for
61.30the following project is extended to June 30,
61.312013:
61.32(1) Laws 2010, chapter 362, section 2,
61.33subdivision 8, paragraph (f), Expanding
62.1Outdoor Classrooms at Minnesota Schools;
62.2and
62.3(2) Laws 2010, chapter 362, section 2,
62.4subdivision 8, paragraph (g), Integrating
62.5Environmental and Outdoor Education in
62.6Grades 7-12.
| 62.7 62.8 |
Subd. 19.Easement Monitoring and Enforcement Requirements |
||||||
62.10adjustments made under subdivision 20 for
62.11easement monitoring and enforcement may
62.12be spent only on activities included in an
62.13easement monitoring and enforcement plan
62.14contained within the work program. Money
62.15received for monitoring and enforcement,
62.16including earnings on the money received,
62.17shall be kept in a monitoring and enforcement
62.18fund held by the organization and dedicated
62.19to monitoring and enforcing conservation
62.20easements within Minnesota. Within 120
62.21days after the close of the entity's fiscal
62.22year, an entity receiving appropriations
62.23for easement monitoring and enforcement
62.24must provide an annual financial report
62.25to the Legislative-Citizen Commission
62.26on Minnesota Resources on the easement
62.27monitoring and enforcement fund as specified
62.28in the work program. Money appropriated
62.29under this section for monitoring and
62.30enforcement of easements and earnings on
62.31the money appropriated shall revert to the
62.32state if: (1) the easement transfers to the
62.33state; (2) the holder of the easement fails to
62.34file an annual report and then fails to cure
62.35that default within 30 days of notification
62.36of the default by the state; or (3) the holder
63.1of the easement fails to comply with the
63.2terms of the monitoring and enforcement
63.3plan contained within the work program and
63.4fails to cure that default within 90 days of
63.5notification of the default by the state.
| 63.6 |
Subd. 20.Appropriations Adjustment |
||||||
63.8(1) Of the amount appropriated in Laws
63.92003, chapter 128, article 1, section 9,
63.10subdivision 5, paragraph (b), up to $48,000 is
63.11for deposit in a monitoring and enforcement
63.12account as authorized in subdivision 19.
63.13(2) Of the amount appropriated in Laws
63.142005, First Special Session, chapter 1, article
63.152, section 11, subdivision 5, paragraph (b),
63.16up to $49,000 is for deposit in a monitoring
63.17and enforcement account as authorized in
63.18subdivision 19.
63.19(3) Of the amount appropriated in Laws
63.202007, chapter 30, section 2, subdivision 4,
63.21paragraph (c), up to $59,000 is for deposit
63.22in a monitoring and enforcement account as
63.23authorized in subdivision 19.
63.24(4) Of the amount appropriated in Laws
63.252008, chapter 367, section 2, subdivision 3,
63.26paragraph (a), up to $42,000 is for deposit
63.27in a monitoring and enforcement account as
63.28authorized in subdivision 19.
63.29(5) Of the amount appropriated in Laws
63.302009, chapter 143, section 2, subdivision 4,
63.31paragraph (f), up to $80,000 is for deposit
63.32in a monitoring and enforcement account as
63.33authorized in subdivision 19.
64.1(6) Of the amount appropriated in Laws
64.22010, chapter 362, section 2, subdivision 4,
64.3paragraph (g), up to $10,000 is for deposit
64.4in a monitoring and enforcement account as
64.5authorized in subdivision 19.
64.6(b) Habitat Conservation Partnership
64.7(1) Of the amount appropriated in Laws
64.82001, First Special Session chapter 2,
64.9section 14, subdivision 4, paragraph (e), up
64.10to $288,000 is for deposit in a monitoring
64.11and enforcement account as authorized in
64.12subdivision 19.
64.13(2) Of the amount appropriated in Laws
64.142003, chapter 128, article 1, section 9,
64.15subdivision 5, paragraph (a), up to $78,000 is
64.16for deposit in a monitoring and enforcement
64.17account as authorized in subdivision 19.
64.18(3) Of the amount appropriated in Laws 2005,
64.19First Special Session chapter 1, section 11,
64.20subdivision 5, paragraph (a), up to $55,000 is
64.21for deposit in a monitoring and enforcement
64.22account as authorized in subdivision 19.
64.23(4) Of the amount appropriated in Laws
64.242007, chapter 30, section 2, subdivision 4,
64.25paragraph (b), up to $123,000 is for deposit
64.26in a monitoring and enforcement account as
64.27authorized in subdivision 19.
64.28(5) Of the amount appropriated in Laws
64.292008, chapter 367, section 2, subdivision 3,
64.30paragraph (c), up to $120,000 is for deposit
64.31in a monitoring and enforcement account as
64.32authorized in subdivision 19.
64.33(6) Of the amount appropriated in Laws
64.342009, chapter 143, section 2, subdivision 4,
65.1paragraph (e), up to $60,000 is for deposit
65.2in a monitoring and enforcement account as
65.3authorized in subdivision 19.
65.4(7) Of the amount appropriated in Laws
65.52010, chapter 362, section 2, subdivision 4,
65.6paragraph (f), up to $30,000 is for deposit
65.7in a monitoring and enforcement account as
65.8authorized in subdivision 19.
65.9(c) Preserving the Avon Hills Landscape
65.10Of the amount appropriated in Laws 2008,
65.11chapter 367, section 2, subdivision 3,
65.12paragraph (d), up to $120,000 is for deposit
65.13in a monitoring and enforcement account as
65.14authorized in subdivision 19.
65.15(d) New Models for Land-Use Planning
65.16Of the amount appropriated in Laws 1997,
65.17chapter 216, section 15, subdivision 9,
65.18paragraph (d), up to $33,000 is for deposit
65.19in a monitoring and enforcement account as
65.20authorized in subdivision 19.
65.21(e) Conservation-Based Development
65.22Program
65.23Of the amount appropriated in Laws 1999,
65.24chapter 231, section 16, subdivision 8,
65.25paragraph (e), up to $5,000 is for deposit in
65.26a monitoring and enforcement account as
65.27authorized in subdivision 19.
65.28 Sec. 3. EFFECTIVE DATE; RELATIONSHIP TO OTHER APPROPRIATIONS.
65.29Unless otherwise specified, this article is effective retroactively from July 1, 2011,
65.30and supersedes and replaces funding authorized by order of the Second Judicial District
65.31Court in Case No. 62-CV-11-5203. Section 2, subdivision 18, is effective retroactively
65.32from June 29, 2011.
66.3 Section 1. [16E.0475] ADVISORY COMMITTEE FOR TECHNOLOGY
66.4STANDARDS FOR ACCESSIBILITY AND USABILITY.
66.5 Subdivision 1. Membership. (a) The Advisory Committee for Technology
66.6Standards for Accessibility and Usability consists of ten members, appointed as follows:
66.7(1) the state chief information officer, or the state chief information officer's designee;
66.8(2) a representative from State Services for the Blind, appointed by the commissioner
66.9of employment and economic development;
66.10(3) the commissioner of administration, or the commissioner's designee;
66.11(4) a representative selected by the Minnesota system of technology to achieve
66.12results program;
66.13(5) a representative selected by the Commission of Deaf, DeafBlind, and
66.14Hard-of-Hearing Minnesotans;
66.15(6) the commissioner of education, or the commissioner's designee;
66.16(7) the commissioner of health, or the commissioner's designee;
66.17(8) the commissioner of human services, or the commissioner's designee;
66.18(9) one representative from the Minnesota judicial system designated by the chief
66.19justice; and
66.20 (10) one staff member from the legislature, appointed by the chair of the Legislative
66.21Coordinating Commission.
66.22 (b) The appointing authorities under this subdivision must use their best efforts to
66.23ensure that the membership of the advisory committee includes at least one representative
66.24who is deaf, hard-of-hearing, or deafblind and at least one representative who is blind.
66.25(c) The advisory committee shall elect a chair from its membership.
66.26 Subd. 2. Duties. (a) The advisory committee shall:
66.27(1) review processes to be used for the evaluation or certification of accessibility of
66.28technology against accessibility standards;
66.29(2) review the exception process and thresholds for any deviation from the
66.30accessibility standards;
66.31(3) identify, in consultation with state agencies serving Minnesotans with disabilities,
66.32resources for training and technical assistance for state agency staff, including instruction
66.33regarding compliance with accessibility standards;
66.34(4) convene customer groups composed of individuals with disabilities to assist in
66.35implementation of accessibility standards;
67.1(5) review customer comments about accessibility and usability issues collected
67.2by State Services for the Blind;
67.3(6) develop proposals for funding captioning of live videoconferencing, live
67.4Webcasts, Web streaming, podcasts, and other emerging technologies;
67.5(7) provide advice and recommendations regarding the technology accessibility
67.6program operation and objectives;
67.7(8) review and make recommendations regarding individual agency accessibility
67.8plans;
67.9(9) review and make recommendations regarding new or amended accessibility
67.10standards and policies;
67.11(10) review and make recommendations regarding assessments of progress in
67.12implementing accessibility standards; and
67.13(11) consult with the chief information officer, if the chief information officer
67.14determines that any accessibility standard poses an undue burden to the state.
67.15(b) The advisory committee shall report to the chairs and ranking minority members
67.16of the legislative committees with jurisdiction over state technology systems by January
67.1715 each year regarding the findings, progress, and recommendations made by the advisory
67.18committee under this subdivision. The report shall include any draft legislation necessary
67.19to implement the committee's recommendations.
67.20 Subd. 3. Terms, compensation, and removal. The terms, compensation, and
67.21removal of members are governed by section
67.22 Subd. 4. Expiration. This section expires June 30, 2013.
67.23 Sec. 2. [84.0264] FEDERAL LAND AND WATER CONSERVATION FUNDS.
67.24 Subdivision 1. Designated agency. The Department of Natural Resources
67.25is designated as the state agency to apply for, accept, receive, and disburse federal
67.26reimbursement funds and private funds that are granted to the state of Minnesota from
67.27section 6 of the federal Land and Water Conservation Fund Act.
67.28 Subd. 2. State land and water conservation account. A state land and water
67.29conservation account is created in the natural resources fund. All of the money made
67.30available to the state from funds granted under subdivision 1 shall be deposited in the
67.31state land and water conservation account.
67.32 Subd. 3. Local share. Fifty percent of all money made available to the state
67.33from funds granted under subdivision 1 shall be distributed for projects to be acquired,
67.34developed, and maintained by local units of government, provided that any project
67.35approved is consistent with a statewide or a county or regional recreational plan and
68.1compatible with the statewide recreational plan. All money received by the commissioner
68.2for local units of government is appropriated annually to carry out the purposes for which
68.3the funds are received.
68.4 Subd. 4. State share. Fifty percent of the money made available to the state from
68.5funds granted under subdivision 1 shall be used for state land acquisition and development
68.6for the state outdoor recreation system under chapter 86A and the administrative expenses
68.7necessary to maintain eligibility for the federal land and water conservation fund.
68.8 Sec. 3. Minnesota Statutes 2010, section 84D.15, subdivision 2, as amended by Laws
68.92011, chapter 107, section 35, is amended to read:
68.10 Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
68.11section
68.12permits under section
68.13year, the commissioner of management and budget shall transfer from the game and
68.14fish fund to the invasive species account, the annual surcharge collected on nonresident
68.15fishing licenses under section
68.16
68.17
68.18invasive species account.
68.19 Sec. 4. Minnesota Statutes 2010, section 85.052, subdivision 4, as amended by Laws
68.202011, chapter 98, section 1, is amended to read:
68.21 Subd. 4. Deposit of fees. (a) Fees paid for providing contracted products and
68.22services within a state park, state recreation area, or wayside, and for special state park
68.23uses under this section shall be deposited in the natural resources fund and credited to a
68.24state parks account.
68.25(b) Gross receipts derived from sales, rentals, or leases of natural resources within
68.26state parks, recreation areas, and waysides, other than those on trust fund lands, must be
68.27deposited in the state treasury and credited to the state parks working capital account.
68.28
68.29
68.30(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile
68.31materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle
68.32Recreation Area shall be deposited in the dedicated accounts in the natural resources fund
68.33from which the purchase of the stockpile material was made. Notwithstanding paragraph
68.34(b), the payments made under section
69.1state mineral lease on lands and mineral rights purchased for and within the Iron Range
69.2Off-Highway Vehicle Recreation Area shall be deposited in the dedicated accounts in the
69.3natural resources fund from which the purchase of the lands was made.
69.4 Sec. 5. [89.0385] FOREST MANAGEMENT INVESTMENT ACCOUNT; COST
69.5CERTIFICATION.
69.6(a) After each fiscal year, the commissioner shall certify the total costs incurred for
69.7forest management, forest improvement, and road improvement on state-managed lands
69.8during that year. The commissioner shall distribute forest management receipts credited to
69.9various accounts according to this section.
69.10(b) The amount of the certified costs incurred for forest management activities
69.11on state lands shall be transferred from the account where receipts are deposited to the
69.12forest management investment account in the natural resources fund, except for those
69.13costs certified under section 16A.125. Transfers in a fiscal year cannot exceed receipts
69.14credited to the account.
69.15EFFECTIVE DATE.This section is effective the day following final enactment.
69.16 Sec. 6. Minnesota Statutes 2010, section 89.039, subdivision 1, is amended to read:
69.17 Subdivision 1. Account established; sources. The forest management investment
69.18account is created in the natural resources fund in the state treasury and money in the
69.19account may be spent only for the purposes provided in subdivision 2. The following
69.20revenue shall be deposited in the forest management investment account:
69.21(1) timber sales receipts transferred from the consolidated conservation areas
69.22account as provided in section
69.23(2) timber sales receipts from forest lands as provided in section
69.24(3) money transferred from the forest suspense account according to section
69.26(4) interest accruing from investment of the account
69.27(5) money transferred from other accounts according to section 89.0385.
69.28 Sec. 7. Minnesota Statutes 2010, section 89.21, is amended to read:
69.2989.21 CAMPGROUNDS, ESTABLISHMENT AND FEES.
69.30(a) The commissioner is authorized to establish and develop state forest
69.31campgrounds and may establish minimum standards not inconsistent with the laws of the
70.1state for the care and use of such campgrounds and charge fees for such uses as specified
70.2by the commissioner of natural resources.
70.3(b) Notwithstanding section
70.4establish fees providing for the use of state forest campgrounds. The fees are not subject
70.5to the rulemaking provisions of chapter 14 and section
70.6(c) All fees shall be deposited in
70.7fund and are appropriated annually to the commissioner.
70.8 Sec. 8. Minnesota Statutes 2010, section 93.481, subdivision 7, is amended to read:
70.9 Subd. 7. Mining administration account. The mining administration account is
70.10established as an account in the natural resources fund. Fees charged to owners, operators,
70.11or managers of mines under this section and section
70.12and
70.13monitoring permits to mine. Earnings accruing from investment of the account remain
70.14with the account until appropriated.
70.15 Sec. 9. [97A.052] PEACE OFFICER TRAINING ACCOUNT.
70.16 Subdivision 1. Account established; sources. The peace officer training account is
70.17created in the game and fish fund in the state treasury. Revenue from the portion of the
70.18surcharges assessed to criminal and traffic offenders in section 357.021, subdivision 7,
70.19clause (1), shall be deposited in the account. Money in the account may be spent only
70.20for the purposes provided in subdivision 2.
70.21 Subd. 2. Purposes of account. Money in the peace officer training account
70.22may only be spent by the commissioner for peace officer training for employees of the
70.23Department of Natural Resources who are licensed under sections 626.84 to 626.863
70.24to enforce game and fish laws.
70.25EFFECTIVE DATE.This section is effective the day following final enactment.
70.26 Sec. 10. Minnesota Statutes 2010, section 97A.055, is amended by adding a
70.27subdivision to read:
70.28 Subd. 2b. Certified costs. Money for the certified costs under section 89.0385
70.29is transferred annually for reimbursement of certified costs on state lands acquired by
70.30purchase or gift for game and fish purposes.
70.31 Sec. 11. Minnesota Statutes 2010, section 97A.071, subdivision 2, is amended to read:
71.1 Subd. 2. Revenue from small game license surcharge and lifetime licenses.
71.2Revenue from the small game surcharge and $6.50 annually from the lifetime fish and
71.3wildlife trust fund, established in section
71.5wildlife acquisition account and is appropriated to the commissioner. The money in the
71.6account shall be used by the commissioner only for the purposes of this section, and
71.7acquisition and development of wildlife lands under section
71.8the lands, in accordance with appropriations made by the legislature.
71.9 Sec. 12. Minnesota Statutes 2010, section 97A.075, is amended to read:
71.1097A.075 USE OF LICENSE REVENUES.
71.11 Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this
71.12subdivision, "deer license" means a license issued under section
71.132, clauses
71.14(12),and licenses issued under section
71.15 (b) $2 from each annual deer license and $2 annually from the lifetime fish and
71.16wildlife trust fund, established in section
71.17section
71.18
71.19management programs.
71.20 (c) $1 from each annual deer license and each bear license and $1 annually from
71.21the lifetime fish and wildlife trust fund, established in section
71.22issued under section
71.23management account and
71.24bear management programs, including a computerized licensing system.
71.25 (d) Fifty cents from each deer license is credited to the emergency deer feeding and
71.26wild cervidae health management account and is appropriated for emergency deer feeding
71.27and wild cervidae health management. Money appropriated for emergency deer feeding
71.28and wild cervidae health management is available until expended. The commissioner must
71.29inform the legislative chairs of the natural resources finance committees every two years
71.30on how the money for emergency deer feeding and wild cervidae health management
71.31has been spent.
71.32 When the unencumbered balance in the appropriation for emergency deer feeding
71.33and wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
71.34unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
71.35management programs and computerized licensing.
72.1 Subd. 2. Minnesota migratory waterfowl stamp. (a) Ninety percent of the revenue
72.2from the Minnesota migratory waterfowl stamps must be credited to the waterfowl habitat
72.3improvement account
72.4commissioner only for:
72.5(1) development of wetlands and lakes in the state and designated waterfowl
72.6management lakes for maximum migratory waterfowl production including habitat
72.7evaluation, the construction of dikes, water control structures and impoundments, nest
72.8cover, rough fish barriers, acquisition of sites and facilities necessary for development
72.9and management of existing migratory waterfowl habitat and the designation of waters
72.10under section
72.11(2) management of migratory waterfowl;
72.12(3) development, restoration, maintenance, or preservation of migratory waterfowl
72.13habitat;
72.14(4) acquisition of and access to structure sites; and
72.15(5) the promotion of waterfowl habitat development and maintenance, including
72.16promotion and evaluation of government farm program benefits for waterfowl habitat.
72.17(b) Money in the account may not be used for costs unless they are directly related to
72.18a specific parcel of land or body of water under paragraph (a), clause (1), (3), (4), or (5), or
72.19to specific management activities under paragraph (a), clause (2).
72.20 Subd. 3. Trout and salmon stamp. (a) Ninety percent of the revenue from trout
72.21and salmon stamps must be credited to the trout and salmon management account
72.22
72.23(1) the development, restoration, maintenance, improvement, protection, and
72.24preservation of habitat for trout and salmon in trout streams and lakes, including, but
72.25not limited to, evaluating habitat; stabilizing eroding stream banks; adding fish cover;
72.26modifying stream channels; managing vegetation to protect, shade, or reduce runoff on
72.27stream banks; and purchasing equipment to accomplish these tasks;
72.28(2) rearing trout and salmon, including utility and service costs associated with
72.29coldwater hatchery buildings and systems; stocking trout and salmon in streams and lakes
72.30and Lake Superior; and monitoring and evaluating stocked trout and salmon;
72.31(3) acquisition of easements and fee title along trout waters;
72.32(4) identifying easement and fee title areas along trout waters; and
72.33(5) research and special management projects on trout streams, trout lakes, and
72.34Lake Superior and portions of its tributaries.
72.35(b) Money in the account may not be used for costs unless they are directly related
72.36to a specific parcel of land or body of water under paragraph (a), to specific fish rearing
73.1activities under paragraph (a), clause (2), or for costs associated with supplies and
73.2equipment to implement trout and salmon management activities under paragraph (a).
73.3 Subd. 4. Pheasant stamp. (a) Ninety percent of the revenue from pheasant stamps
73.4must be credited to the pheasant habitat improvement account
73.5
73.6 (1) the development, restoration, and maintenance of suitable habitat for ringnecked
73.7pheasants on public and private land including the establishment of nesting cover, winter
73.8cover, and reliable food sources;
73.9 (2) reimbursement of landowners for setting aside lands for pheasant habitat;
73.10 (3) reimbursement of expenditures to provide pheasant habitat on public and private
73.11land;
73.12 (4) the promotion of pheasant habitat development and maintenance, including
73.13promotion and evaluation of government farm program benefits for pheasant habitat; and
73.14 (5) the acquisition of lands suitable for pheasant habitat management and public
73.15hunting.
73.16 (b) Money in the account may not be used for:
73.17 (1) costs unless they are directly related to a specific parcel of land under paragraph
73.18(a), clause (1), (3), or (5), or to specific promotional or evaluative activities under
73.19paragraph (a), clause (4); or
73.20 (2) any personnel costs, except that prior to July 1, 2019, personnel may be hired
73.21to provide technical and promotional assistance for private landowners to implement
73.22conservation provisions of state and federal programs.
73.23 Subd. 5. Turkey account. (a) $4.50 from each turkey license sold, except youth
73.24licenses under section
73.25must be credited to the wild turkey management account
73.26
73.27 (1) the development, restoration, and maintenance of suitable habitat for wild
73.28turkeys on public and private land including forest stand improvement and establishment
73.29of nesting cover, winter roost area, and reliable food sources;
73.30 (2) acquisitions of, or easements on, critical wild turkey habitat;
73.31 (3) reimbursement of expenditures to provide wild turkey habitat on public and
73.32private land;
73.33 (4) trapping and transplantation of wild turkeys; and
73.34 (5) the promotion of turkey habitat development and maintenance, population
73.35surveys and monitoring, and research.
73.36 (b) Money in the account may not be used for:
74.1 (1) costs unless they are directly related to a specific parcel of land under paragraph
74.2(a), clauses (1) to (3), a specific trap and transplant project under paragraph (a), clause (4),
74.3or to specific promotional or evaluative activities under paragraph (a), clause (5); or
74.4 (2) any permanent personnel costs.
74.5 Subd. 6. Walleye stamp. (a) Revenue from walleye stamps must be credited to the
74.6walleye stamp account
74.7commissioner only for stocking walleye in waters of the state and related activities.
74.8 (b) Money in the account may not be used for costs unless they are directly related to
74.9a specific body of water under paragraph (a), or for costs associated with supplies and
74.10equipment to implement walleye stocking activities under paragraph (a).
74.11 Sec. 13. [103G.27] WATER MANAGEMENT ACCOUNT.
74.12 Subdivision 1. Account established; sources. The water management account
74.13is created in the natural resources fund in the state treasury. Revenues collected from
74.14permit application fees, water use fees, field inspection fees, penalties, and other receipts
74.15according to sections 103G.271 and 103G.301 shall be deposited in the account. Interest
74.16earned on money in the account accrues to the account.
74.17 Subd. 2. Purposes of account. Money in the water management account may be
74.18spent only for the costs associated with administering this chapter.
74.19 Sec. 14. Minnesota Statutes 2010, section 103G.271, subdivision 6, is amended to read:
74.20 Subd. 6. Water use permit processing fee. (a) Except as described in paragraphs
74.21(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
74.22accordance with the schedule of fees in this subdivision for each water use permit in force
74.23at any time during the year. Fees collected under this paragraph are credited to the water
74.24management account in the natural resources fund. The schedule is as follows, with the
74.25stated fee in each clause applied to the total amount appropriated:
74.26 (1) $140 for amounts not exceeding 50,000,000 gallons per year;
74.27 (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
74.28than 100,000,000 gallons per year;
74.29 (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
74.30than 150,000,000 gallons per year;
74.31 (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but
74.32less than 200,000,000 gallons per year;
74.33 (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
74.34than 250,000,000 gallons per year;
75.1 (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but
75.2less than 300,000,000 gallons per year;
75.3 (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
75.4than 350,000,000 gallons per year;
75.5 (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
75.6less than 400,000,000 gallons per year;
75.7 (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
75.8than 450,000,000 gallons per year;
75.9 (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
75.10less than 500,000,000 gallons per year; and
75.11 (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
75.12 (b) For once-through cooling systems, a water use processing fee must be prescribed
75.13by the commissioner in accordance with the following schedule of fees for each water use
75.14permit in force at any time during the year:
75.15 (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
75.16 (2) for all other users, $420 per 1,000,000 gallons.
75.17 (c) The fee is payable based on the amount of water appropriated during the year
75.18and, except as provided in paragraph (f), the minimum fee is $100.
75.19 (d) For water use processing fees other than once-through cooling systems:
75.20 (1) the fee for a city of the first class may not exceed $250,000 per year;
75.21 (2) the fee for other entities for any permitted use may not exceed:
75.22 (i) $60,000 per year for an entity holding three or fewer permits;
75.23 (ii) $90,000 per year for an entity holding four or five permits; or
75.24 (iii) $300,000 per year for an entity holding more than five permits;
75.25 (3) the fee for agricultural irrigation may not exceed $750 per year;
75.26 (4) the fee for a municipality that furnishes electric service and cogenerates steam
75.27for home heating may not exceed $10,000 for its permit for water use related to the
75.28cogeneration of electricity and steam; and
75.29 (5) no fee is required for a project involving the appropriation of surface water to
75.30prevent flood damage or to remove flood waters during a period of flooding, as determined
75.31by the commissioner.
75.32 (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
75.33percent per month calculated from the original due date must be imposed on the unpaid
75.34balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
75.35may not be imposed on an agency, as defined in section
75.36governmental agency holding a water appropriation permit.
76.1 (f) The minimum water use processing fee for a permit issued for irrigation of
76.2agricultural land is $20 for years in which:
76.3 (1) there is no appropriation of water under the permit; or
76.4 (2) the permit is suspended for more than seven consecutive days between May 1
76.5and October 1.
76.6 (g) A surcharge of $30 per million gallons in addition to the fee prescribed in
76.7paragraph (a) shall be applied to the volume of water used in each of the months of June,
76.8July, and August that exceeds the volume of water used in January for municipal water
76.9use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities
76.10with more than one permit shall be determined based on the total appropriations from all
76.11permits that supply a common distribution system.
76.12 Sec. 15. Minnesota Statutes 2010, section 103G.301, is amended by adding a
76.13subdivision to read:
76.14 Subd. 8. Deposit of fees. Fees collected under this section must be credited to the
76.15water management account in the natural resources fund.
76.16 Sec. 16. Minnesota Statutes 2010, section 103G.615, subdivision 2, is amended to read:
76.17 Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
76.18control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
76.19section
76.20days after it has been reported to the legislature. The fees shall not exceed $2,500 per
76.21permit and shall be based upon the cost of receiving, processing, analyzing, and issuing
76.22the permit, and additional costs incurred after the application to inspect and monitor
76.23the activities authorized by the permit, and enforce aquatic plant management rules and
76.24permit requirements.
76.25 (b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous
76.26parcel of shoreline owned by an owner may be charged. This fee may not be charged for
76.27permits issued in connection with purple loosestrife control or lakewide Eurasian water
76.28milfoil control programs.
76.29 (c) A fee may not be charged to the state or a federal governmental agency applying
76.30for a permit.
76.31 (d) A fee for a permit for the control of rooted aquatic vegetation in a public
76.32water basin that is 20 acres or less in size shall be one-half of the fee established under
76.33paragraph (a).
77.1(e) The money received for the permits under this subdivision shall be deposited in
77.2the treasury and credited to the water recreation account.
77.3 Sec. 17. Minnesota Statutes 2010, section 115A.1314, is amended to read:
77.4115A.1314 MANUFACTURER'S REGISTRATION FEE
77.5
77.6 Subdivision 1. Registration fee. (a) Each manufacturer who registers under section
77.8of revenue an annual registration fee. The commissioner of revenue must deposit the
77.9fee in the
77.10environmental fund.
77.11 (b)
77.12
77.13registration fee is equal to a base fee of $2,500, plus a variable recycling fee calculated
77.14according to the formula:
77.15 ((A x B) - (C + D)) x E, where:
77.16 (1) A = the number of pounds of a manufacturer's video display devices sold to
77.17households during the previous program year, as reported to the department under section
77.19 (2) B = the proportion of sales of video display devices required to be recycled, set at
77.200.6 for the first program year and 0.8 for the second program year and every year thereafter;
77.21 (3) C = the number of pounds of covered electronic devices recycled by a
77.22manufacturer from households during the previous program year, as reported to the
77.23department under section
77.24 (4) D = the number of recycling credits a manufacturer elects to use to calculate the
77.25variable recycling fee, as reported to the department under section
77.261; and
77.27 (5) E = the estimated per-pound cost of recycling, initially set at $0.50 per pound for
77.28manufacturers who recycle less than 50 percent of the product (A x B); $0.40 per pound
77.29for manufacturers who recycle at least 50 percent but less than 90 percent of the product
77.30(A x B); and $0.30 per pound for manufacturers who recycle at least 90 percent but less
77.31than 100 percent of the product (A x B).
77.32 (c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number of
77.33pounds, that amount is defined as the manufacturer's recycling credits. A manufacturer
77.34may retain recycling credits to be added, in whole or in part, to the actual value of C, as
77.35reported under section
78.1provided that no more than 25 percent of a manufacturer's obligation (A x B) for any
78.2program year may be met with recycling credits generated in a prior program year. A
78.3manufacturer may sell any portion or all of its recycling credits to another manufacturer, at
78.4a price negotiated by the parties, who may use the credits in the same manner.
78.5 (d) For the purpose of calculating a manufacturer's variable recycling fee under
78.6paragraph (b), the weight of covered electronic devices collected from households located
78.7outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (c), is
78.8calculated at 1.5 times their actual weight.
78.9 (e) The registration fee for the initial program year and the base registration fee
78.10thereafter for a manufacturer who produces fewer than 100 video display devices for sale
78.11annually to households is $1,250.
78.12 Subd. 2.
78.13
78.14
78.15
78.16
78.17
78.18
78.19
78.20
78.21
78.22
78.23
78.24
78.25
78.26
78.27
78.28
78.29 (1)
78.30transfer to the commissioner of revenue to carry out the department's duties under
78.31section
78.32responsibilities under section
78.33 (2)
78.34
78.35metropolitan area, as defined in paragraph
78.36for recycling covered electronic devices in counties outside the 11-county metropolitan
79.1area, where the collection and recycling is consistent with the respective county's solid
79.2waste plan, for the purpose of carrying out the activities under sections
79.4give preference to counties and private entities that are working cooperatively with
79.5manufacturers to help them meet their recycling obligations under section
79.6subdivision 1
79.7
79.8Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.
79.9 Sec. 18. Minnesota Statutes 2010, section 115A.1320, subdivision 1, is amended to
79.10read:
79.11 Subdivision 1. Duties of the agency. (a) The agency shall administer sections
79.13 (b) The agency shall establish procedures for:
79.14 (1) receipt and maintenance of the registration statements and certifications filed
79.15with the agency under section
79.16 (2) making the statements and certifications easily available to manufacturers,
79.17retailers, and members of the public.
79.18 (c) The agency shall annually review the value of the following variables that are
79.19part of the formula used to calculate a manufacturer's annual registration fee under section
79.21 (1) the proportion of sales of video display devices sold to households that
79.22manufacturers are required to recycle;
79.23 (2) the estimated per-pound price of recycling covered electronic devices sold to
79.24households;
79.25 (3) the base registration fee; and
79.26 (4) the multiplier established for the weight of covered electronic devices collected
79.27in section
79.28these values must be changed in order to improve the efficiency or effectiveness of the
79.29activities regulated under sections
79.30
79.31submit recommended changes and the reasons for them to the chairs of the senate and
79.32house of representatives committees with jurisdiction over solid waste policy.
79.33 (d) By January 15 each year, beginning in 2008, the agency shall calculate estimated
79.34sales of video display devices sold to households by each manufacturer during the
80.1preceding program year, based on national sales data, and forward the estimates to the
80.2department.
80.3
80.4
80.5
80.6
80.7
80.8
80.9
80.10
80.11
80.12provide a report to the governor and the legislature on the implementation of sections
80.14of covered electronic devices recycled and a summary of information in the reports
80.15submitted by manufacturers and recyclers under section
80.16also discuss the various collection programs used by manufacturers to collect covered
80.17electronic devices; information regarding covered electronic devices that are being
80.18collected by persons other than registered manufacturers, collectors, and recyclers; and
80.19information about covered electronic devices, if any, being disposed of in landfills in
80.20this state. The report must include a description of enforcement actions under sections
80.22by the agency regarding the implementation of sections
80.23
80.24sections
80.25
80.26provided by sections
80.27provisions enforced by the department, as provided in subdivision 2. The agency may
80.28revoke a registration of a collector or recycler found to have violated sections
80.29to
80.30
80.31recycling centers, and manufacturers to ensure that manufacturers are aware of video
80.32display devices available for recycling.
80.33
80.34manufacturers under section
80.35
80.36each manufacturer under section
81.1 Sec. 19. Minnesota Statutes 2010, section 115C.09, subdivision 3c, is amended to read:
81.2 Subd. 3c. Release at refineries and tank facilities not eligible for reimbursement.
81.3(a) Reimbursement may not be made under this chapter for costs associated with a release:
81.4(1) from a tank located at a petroleum refinery; or
81.5(2) from a tank facility, including a pipeline terminal, with more than 1,000,000
81.6gallons of total petroleum storage capacity at the tank facility.
81.7(b) Paragraph (a), clause (2), does not apply to reimbursement for costs associated
81.8with a release from a tank facility:
81.9(1) owned or operated by a person engaged in the business of mining iron ore or
81.10taconite;
81.11(2) owned by a political subdivision, a housing and redevelopment authority, an
81.12economic development authority, or a port authority that acquired the tank facility prior
81.13to May 23, 1989;
81.14(3) owned by a person:
81.15(i) who acquired the tank facility prior to May 23, 1989;
81.16(ii) who did not use the tank facility for the bulk storage of petroleum; and
81.17(iii) who is not affiliated with the party who used the tank facility for the bulk
81.18storage of petroleum
81.19(4) that is not a petroleum refinery or pipeline terminal and is owned by a person
81.20engaged in the business of storing used oil primarily for sales to end users.
81.21 Sec. 20. Minnesota Statutes 2010, section 115C.13, is amended to read:
81.22115C.13 REPEALER.
81.23Sections
81.26
81.27 Sec. 21. Minnesota Statutes 2010, section 116.07, subdivision 7c, is amended to read:
81.28 Subd. 7c. NPDES feedlot permitting requirements. (a) The agency must issue
81.29national pollutant discharge elimination system permits for feedlots
81.30
81.31
81.32issuance of national pollutant discharge elimination system permits for feedlots must be
81.33based on the following:
82.1(1) a permit for a newly constructed or expanded animal feedlot that is identified as a
82.2priority by the commissioner, using criteria
82.3January 1, 2010, must be issued as an individual permit;
82.4(2)
82.5commissioner, using criteria
82.6must be issued as an individual permit; and
82.7(3) the agency must issue a general national pollutant discharge elimination system
82.8permit, if required, for animal feedlots that are not identified under clause (1) or (2).
82.9(b) Prior to the issuance of a general national pollutant discharge elimination system
82.10permit for a category of animal feedlot facility permittees, the agency must hold at least
82.11one public hearing on the permit issuance.
82.12(c) To the extent practicable, the agency must include a public notice and comment
82.13period for an individual national pollutant discharge elimination system permit concurrent
82.14with any public notice and comment for:
82.15(1) the purpose of environmental review of the same facility under chapter 116D; or
82.16(2) the purpose of obtaining a conditional use permit from a local unit of government
82.17where the local government unit is the responsible governmental unit for purposes of
82.18environmental review under chapter 116D.
82.19(d)
82.20
82.21
82.22
82.23
82.24
82.25
82.26
82.27
82.28
82.29
82.30
82.31
82.32
82.33
82.34
82.35
82.36
83.1
83.2
83.3
83.4
83.5
83.6
83.7
83.8
83.9
83.10
83.11elimination system permit even if the feedlot is not required by federal law to have a
83.12national pollutant discharge elimination system permit.
83.13 Sec. 22. Minnesota Statutes 2010, section 116.07, subdivision 7d, is amended to read:
83.14 Subd. 7d. Exemption. (a) Notwithstanding subdivision 7 or Minnesota Rules,
83.15chapter 7020, to the contrary, and notwithstanding the proximity to public or private
83.16waters, an owner or resident of agricultural land on which livestock have been allowed to
83.17pasture
83.18beginning January 1,
83.19feedlot or manure management on that land for so long as the property remains in pasture.
83.20(b) For the purposes of this subdivision, "pasture" means areas where livestock graze
83.21on grass or other growing plants. Pasture also means agricultural land where livestock are
83.22allowed to forage during the winter time and which land is used for cropping purposes
83.23in the growing season. In either case, the concentration of animals must be such that a
83.24vegetative cover, whether of grass, growing plants, or crops, is maintained during the
83.25growing season except in the immediate vicinity of temporary supplemental feeding
83.26or watering devices.
83.27 Sec. 23. Minnesota Statutes 2010, section 116P.05, subdivision 2, is amended to read:
83.28 Subd. 2. Duties. (a) The commission shall recommend an annual or biennial
83.29legislative bill for appropriations from the environment and natural resources trust fund and
83.30shall adopt a strategic plan as provided in section 116P.08. Approval of the recommended
83.31legislative bill requires an affirmative vote of at least 12 members of the commission.
83.32(b)
83.33
84.1
84.2environment and natural resources trust fund, and oil overcharge money under section
84.34.071, subdivision 2, that the agency or entity receiving the appropriation must submit
84.4a work program and semiannual progress reports in the form determined by the
84.5Legislative-Citizen Commission on Minnesota Resources, and comply with applicable
84.6reporting requirements under section 116P.16. None of the money provided may be spent
84.7unless the commission has approved the pertinent work program.
84.8
84.9comment, and report to the commission on research proposals applying for an
84.10appropriation from the oil overcharge money under section 4.071, subdivision 2.
84.11
84.12this chapter.
84.13
84.14(1) ensure that members' expectations are to participate in all meetings related to
84.15funding decision recommendations;
84.16(2) recommend adequate funding for increased citizen outreach and communications
84.17for trust fund expenditure planning;
84.18(3) allow administrative expenses as part of individual project expenditures based
84.19on need;
84.20(4) provide for project outcome evaluation;
84.21(5) keep the grant application, administration, and review process as simple as
84.22possible; and
84.23(6) define and emphasize the leveraging of additional sources of money that project
84.24proposers should consider when making trust fund proposals.
84.25 Sec. 24. Minnesota Statutes 2010, section 290.431, is amended to read:
84.26290.431 NONGAME WILDLIFE CHECKOFF.
84.27Every individual who files an income tax return or property tax refund claim form
84.28may designate on their original return that $1 or more shall be added to the tax or deducted
84.29from the refund that would otherwise be payable by or to that individual and paid into an
84.30account to be established for the management of nongame wildlife. The commissioner
84.31of revenue shall, on the income tax return and the property tax refund claim form, notify
84.32filers of their right to designate that a portion of their tax or refund shall be paid into the
84.33nongame wildlife management account. The sum of the amounts so designated to be paid
84.34shall be credited to the nongame wildlife management account for use by the nongame
84.35program in the Department of Natural Resources. All interest earned on money accrued,
85.1gifts to the program, contributions to the program, and reimbursements of expenditures
85.2in the nongame wildlife management account shall be credited to the account by the
85.3commissioner of management and budget, except that gifts or contributions received
85.4directly by the commissioner of natural resources and directed by the contributor for
85.5use in specific nongame field projects or geographic areas shall be handled according to
85.6section
85.7
85.8
85.9The state pledges and agrees with all contributors to the nongame wildlife
85.10management account to use the funds contributed solely for the management of nongame
85.11wildlife projects and further agrees that it will not impose additional conditions or
85.12restrictions that will limit or otherwise restrict the ability of the commissioner of natural
85.13resources to use the available funds for the most efficient and effective management of
85.14nongame wildlife. The commissioner may use funds appropriated for nongame wildlife
85.15programs for the purpose of developing, preserving, restoring, and maintaining wintering
85.16habitat for neotropical migrant birds in Latin America and the Caribbean under agreement
85.17or contract with any nonprofit organization dedicated to the construction, maintenance, and
85.18repair of such projects that are acceptable to the governmental agency having jurisdiction
85.19over the land and water affected by the projects. Under this authority, the commissioner
85.20may execute agreements and contracts if the commissioner determines that the use of the
85.21funds will benefit neotropical migrant birds that breed in or migrate through the state.
85.22 Sec. 25. Minnesota Statutes 2010, section 290.432, is amended to read:
85.23290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.
85.24A corporation that files an income tax return may designate on its original return that
85.25$1 or more shall be added to the tax or deducted from the refund that would otherwise
85.26be payable by or to that corporation and paid into the nongame wildlife management
85.27account established by section
85.28for its nongame wildlife program. The commissioner of revenue shall, on the corporate
85.29tax return, notify filers of their right to designate that a portion of their tax return be paid
85.30into the nongame wildlife management account for the protection of endangered natural
85.31resources. All interest earned on money accrued, gifts to the program, contributions to
85.32the program, and reimbursements of expenditures in the nongame wildlife management
85.33account shall be credited to the account by the commissioner of management and budget,
85.34except that gifts or contributions received directly by the commissioner of natural
85.35resources and directed by the contributor for use in specific nongame field projects or
86.1geographic areas shall be handled according to section
86.2
86.3
86.4
86.5The state pledges and agrees with all corporate contributors to the nongame wildlife
86.6account to use the funds contributed solely for the nongame wildlife program and further
86.7agrees that it will not impose additional conditions or restrictions that will limit or
86.8otherwise restrict the ability of the commissioner of natural resources to use the available
86.9funds for the most efficient and effective management of those programs.
86.10 Sec. 26. Minnesota Statutes 2010, section 299C.40, subdivision 1, is amended to read:
86.11 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
86.12section.
86.13(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located
86.14in the Department of Public Safety and managed by the Bureau of Criminal Apprehension.
86.15A reference in this section to "CIBRS" includes the Bureau of Criminal Apprehension.
86.16(c) "Law enforcement agency" means a Minnesota municipal police department,
86.17the Metropolitan Transit Police, the Metropolitan Airports Police, the University of
86.18Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit,
86.19a Minnesota county sheriff's department, the Enforcement Division of the Department of
86.20Natural Resources, the Bureau of Criminal Apprehension, or the Minnesota State Patrol.
86.21 Sec. 27. Minnesota Statutes 2010, section 357.021, subdivision 7, is amended to read:
86.22 Subd. 7. Disbursement of surcharges by commissioner of management and
86.23budget. (a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
86.24management and budget shall disburse surcharges received under subdivision 6 and
86.25section
86.26 (1) one percent shall be credited to the peace officer training account in the game
86.27and fish fund to provide peace officer training for employees of the Department of Natural
86.28Resources who are licensed under sections
86.29officer authority for the purpose of enforcing game and fish laws;
86.30 (2) 39 percent shall be credited to the peace officers training account in the special
86.31revenue fund; and
86.32 (3) 60 percent shall be credited to the general fund.
86.33 (b) The commissioner of management and budget shall credit $3 of each surcharge
86.34received under subdivision 6 and section
87.1 (c) In addition to any amounts credited under paragraph (a), the commissioner of
87.2management and budget shall credit $47 of each surcharge received under subdivision 6
87.3and section
87.4 (d) If the Ramsey County Board of Commissioners authorizes imposition of the
87.5additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
87.6in the Second Judicial District shall transmit the surcharge to the commissioner of
87.7management and budget. The $1 special surcharge is deposited in a Ramsey County
87.8surcharge account in the special revenue fund and amounts in the account are appropriated
87.9to the trial courts for the administration of the petty misdemeanor diversion program
87.10operated by the Second Judicial District Ramsey County Violations Bureau.
87.11 Sec. 28. Minnesota Statutes 2010, section 609.66, subdivision 1h, is amended to read:
87.12 Subd. 1h. Silencers; authorized for law enforcement and wildlife control
87.13purposes. (a) Notwithstanding subdivision 1a, paragraph (a), clause (1), licensed peace
87.14officers may use devices designed to silence or muffle the discharge of a firearm for
87.15tactical emergency response operations. Tactical emergency response operations include
87.16execution of high risk search and arrest warrants, incidents of terrorism, hostage rescue,
87.17and any other tactical deployments involving high risk circumstances. The chief law
87.18enforcement officer of a law enforcement agency that has the need to use silencing devices
87.19must establish and enforce a written policy governing the use of the devices.
87.20(b) Notwithstanding subdivision 1a, paragraph (a), clause (1),
87.21an enforcement officer, as defined in section
87.22manager, an employee designated under section
87.23with the commissioner of natural resources, at specific times and locations that are
87.24authorized by the commissioner of natural resources may use devices designed to silence
87.25or muffle the discharge of a firearm for wildlife control operations that require stealth.
87.26If the commissioner determines that the use of silencing devices is necessary under this
87.27paragraph, the commissioner must
87.28
87.29transportation of the devices
87.30
87.31
87.32
87.33
88.1 Sec. 29. Laws 2005, chapter 156, article 2, section 45, as amended by Laws 2007,
88.2chapter 148, article 2, section 73, and Laws 2009, chapter 37, article 1, section 59, is
88.3amended to read:
88.4 Sec. 45. SALE OF STATE LAND.
88.5 Subdivision 1. State land sales. The commissioner of administration shall
88.6coordinate with the head of each department or agency having control of state-owned land
88.7to identify and sell at least $6,440,000 of state-owned land. Sales should be completed
88.8according to law and as provided in this section as soon as practicable but no later than
88.9June 30,
88.11for public sale by only providing notice of lands or an offer of sale of lands to state
88.12departments or agencies, the University of Minnesota, cities, counties, towns, school
88.13districts, or other public entities.
88.14 Subd. 2. Anticipated savings. Notwithstanding Minnesota Statutes, section
88.16sale of land under this section that exceeds the actual expenses of selling the land must
88.17be deposited in the general fund, except as otherwise provided by the commissioner of
88.18finance. Notwithstanding Minnesota Statutes, section
88.19of finance may establish the timing of payments for land purchased under this section. If
88.20the total of all money deposited into the general fund from the proceeds of the sale of land
88.21under this section is anticipated to be less than $6,440,000, the governor must allocate the
88.22amount of the difference as reductions to general fund operating expenditures for other
88.23executive agencies for the biennium ending June 30,
88.24 Subd. 3. Sale of state lands revolving loan fund. $290,000 is appropriated from
88.25the general fund in fiscal year 2006 to the commissioner of administration for purposes
88.26of paying the actual expenses of selling state-owned lands to achieve the anticipated
88.27savings required in this section. From the gross proceeds of land sales under this section,
88.28the commissioner of administration must cancel the amount of the appropriation in this
88.29subdivision to the general fund by June 30,
88.30 Sec. 30. STATE TREE NURSERY PROGRAM RESTRUCTURING; REPORT
88.31REQUIRED.
88.32(a) Beginning July 1, 2011, the commissioner of natural resources shall limit all
88.33new plantings at the Baudora State Nursery to the planting of stock for research or use
88.34on public lands or private conservation lands with permanent protection. Excess plant
88.35material may be sold or traded to private wholesale nurseries.
89.1(b) By January 15, 2012, the commissioner of natural resources shall submit a budget
89.2and financial plan for the state nurseries to the chairs and ranking minority members of
89.3the house of representatives and senate committees and divisions with jurisdiction over
89.4environment and natural resources policy and finance. The plan shall include a long-term
89.5business plan to operate the Baudora State Nursery in a manner that is self-sufficient. The
89.6plan shall also include options for the General C.C. Andrews State Nursery.
89.7 Sec. 31. COORDINATION OF MINNESOTA AND WISCONSIN PHOSPHORUS
89.8STANDARD; LAKE PEPIN.
89.9The commissioner of the Pollution Control Agency shall coordinate with the
89.10Wisconsin Department of Natural Resources in establishing a phosphorus standard for
89.11Lake Pepin and shall advocate implementation of a phosphorus standard that considers
89.12nutrient impacts on algal growth applicable during the June to September growing season
89.13only. If necessary, the commissioner may engage in a conference with the Wisconsin
89.14Department of Natural Resources according to section 103 of the Clean Water Act, United
89.15States Code, title 33, section 1253, to resolve any discrepancies in the states' respective
89.16standards.
89.17 Sec. 32. WILD RICE RULEMAKING AND RESEARCH.
89.18(a) Upon completion of the research referenced in paragraph (d), the commissioner
89.19of the Pollution Control Agency shall initiate a process to amend Minnesota Rules, chapter
89.207050. The amended rule shall:
89.21(1) address water quality standards for waters containing natural beds of wild rice, as
89.22well as for irrigation waters used for the production of wild rice;
89.23(2) designate each body of water, or specific portion thereof, to which wild rice
89.24water quality standards apply; and
89.25(3) designate the specific times of year during which the standard applies.
89.26Nothing in this paragraph shall prevent the Pollution Control Agency from
89.27applying the narrative standard for all class 2 waters established in Minnesota Rules,
89.28part 7050.0150, subpart 3.
89.29(b) "Waters containing natural beds of wild rice" means waters where wild rice
89.30occurs naturally. Before designating waters containing natural beds of wild rice as waters
89.31subject to a standard, the commissioner of the Pollution Control Agency shall establish
89.32criteria for the waters after consultation with the Department of Natural Resources,
89.33Minnesota Indian tribes, and other interested parties and after public notice and comment.
90.1The criteria shall include, but not be limited to, history of wild rice harvests, minimum
90.2acreage, and wild rice density.
90.3(c) Within 30 days of the effective date of this section, the commissioner of
90.4the Pollution Control Agency must create an advisory group to provide input to the
90.5commissioner on a protocol for scientific research to assess the impacts of sulfates and
90.6other substances on the growth of wild rice, review research results, and provide other
90.7advice on the development of future rule amendments to protect wild rice. The group
90.8must include representatives of tribal governments, municipal wastewater treatment
90.9facilities, industrial dischargers, wild rice harvesters, wild rice research experts, and
90.10citizen organizations.
90.11(d) After receiving the advice of the advisory group under paragraph (c), consultation
90.12with the commissioner of natural resources, and review of all reasonably available and
90.13applicable scientific research on water quality and other environmental impacts on the
90.14growth of wild rice, the commissioner of the Pollution Control Agency shall adopt and
90.15implement a wild rice research plan using the money appropriated to contract with
90.16appropriate scientific experts. The commissioner shall periodically review the results of
90.17the research with the commissioner of natural resources and the advisory group.
90.18(e) From the date of enactment until the rule amendment under paragraph (a) is
90.19finally adopted, to the extent allowable under the federal Clean Water Act or other federal
90.20laws, the Pollution Control Agency shall exercise its authority under federal and state laws
90.21and regulations to ensure, to the fullest extent possible, that no permittee is required to
90.22expend funds for design and implementation of sulfate treatment technologies. Nothing
90.23shall prevent the Pollution Control Agency from including in a schedule of compliance a
90.24requirement to monitor sulfate concentrations in discharges and, if appropriate, based on
90.25site-specific conditions, a requirement to implement a sulfate minimization plan to avoid
90.26or minimize sulfate concentrations during periods when wild rice may be susceptible to
90.27damage.
90.28(f) If the commissioner of the Pollution Control Agency determines that amendments
90.29to Minnesota Rules are necessary to ensure that no permittee is required to expend funds
90.30for design and implementation of sulfate treatment technologies until after the rule
90.31amendment described in paragraph (a) is complete, the commissioner may use the good
90.32cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to
90.33adopt rules necessary to implement this section, and Minnesota Statutes, section 14.386,
90.34does not apply, except as provided in Minnesota Statutes, section 14.388.
90.35(g) Upon completion of the rule amendment described in paragraph (a), the
90.36Pollution Control Agency shall, if necessary, modify the discharge limits in the affected
91.1wastewater discharge permits to reflect the new standards in accordance with state and
91.2federal regulations and shall exercise its powers to enter into schedules of compliance
91.3in the permits.
91.4(h) By December 15, 2011, the commissioner of the Pollution Control Agency
91.5shall submit a report to the chairs and ranking minority members of the environment and
91.6natural resources committees of the house of representatives and senate on the status
91.7of implementation of this section. The report must include an estimated timeline for
91.8completion of the wild rice research plan and initiation and completion of the formal
91.9rulemaking process under Minnesota Statutes, chapter 14.
91.10 Sec. 33. EVALUATION REQUIRED.
91.11(a) The Pollution Control Agency, in conjunction with other water agencies and
91.12the University of Minnesota, shall evaluate water-related statutes, rules, and governing
91.13structures to streamline, strengthen, and improve sustainable water management.
91.14(b) The Pollution Control Agency must submit the study results and make
91.15recommendations to agencies listed under paragraph (a) and to the chairs and ranking
91.16minority party members of the senate and house of representatives committees having
91.17primary jurisdiction over environment and natural resources policy and finance no later
91.18than January 15, 2013.
91.19 Sec. 34. MISSISSIPPI RIVER MANAGEMENT PLAN.
91.20Notwithstanding Minnesota Rules, part 6105.0870, subpart 7, development in the
91.21area commonly known as the historic village of Dayton shall conform to the general
91.22development standards of Minnesota Rules, parts 6120.2600 to 6120.3900, except
91.23that marinas shall not be allowed and the provisions and administrative procedures of
91.24Minnesota Rules, parts 6105.0010 to 6105.0070 and 6105.0150 to 6105.0250, shall still
91.25apply.
91.26 Sec. 35. REPORT ON PAYMENT IN LIEU OF TAXES FOR STATE NATURAL
91.27RESOURCE LANDS.
91.28By December 1, 2012, the commissioner of natural resources, in cooperation with
91.29the commissioners of revenue and management and budget, and stakeholders, including
91.30representatives from affected local units of government and other interested parties, shall
91.31report to the chairs and ranking minority caucus members of the senate and house of
91.32representatives natural resources and tax policy and finance committees with recommended
91.33changes to payment in lieu of taxes for natural resource lands under Minnesota Statutes,
92.1sections 97A.061 and 477A.11 to 477A.145. The report shall include an analysis of the
92.2current payment and distribution system and any recommended changes to:
92.3(1) the purpose of the payment system and the criteria for payments;
92.4(2) the rate of payments for specific classes of natural resource lands;
92.5(3) the adequacy of current funding for payments and the impact of additional land
92.6acquisition on the funding;
92.7(4) alternative methods of reimbursing local units of governments for state natural
92.8resource lands; and
92.9(5) the formula for distribution of the payments to local units of government.
92.10 Sec. 36. REPEALER.
92.11Minnesota Statutes 2010, sections 84.027, subdivision 11; and 116P.14, are repealed.
92.12 Sec. 37. EFFECTIVE DATE; RELATIONSHIP TO OTHER
92.13APPROPRIATIONS.
92.14Unless otherwise specified, this article is effective retroactively from July 1, 2011,
92.15and supersedes and replaces funding authorized by order of the Second Judicial District
92.16Court in Case No. 62-CV-11-5203.
92.19 Section 1. Minnesota Statutes 2010, section 3.7371, is amended to read:
92.203.7371 COMPENSATION FOR CROP OR FENCE DAMAGE CAUSED BY
92.21ELK.
92.22 Subdivision 1. Authorization. Notwithstanding section
92.23paragraph (e), or any other law, a person who owns an agricultural crop or pasture shall
92.24be compensated by the commissioner of agriculture for an agricultural crop, or fence
92.25surrounding the crop or pasture, that is damaged or destroyed by elk as provided in this
92.26section.
92.27 Subd. 2. Claim form. The crop or pasture owner must prepare a claim on forms
92.28provided by the commissioner and available at the county extension agent's office. The
92.29claim form must be filed with the commissioner.
92.30
92.31 Subd. 3. Compensation. The crop owner is entitled to the target price or the
92.32market price, whichever is greater, of the damaged or destroyed crop plus adjustments
93.1for yield loss determined according to agricultural stabilization and conservation service
93.2programs for individual farms, adjusted annually, as determined by the commissioner,
93.3upon recommendation of the county extension agent for the owner's county. Verification
93.4of fence damage or destruction by elk may be provided by submitting photographs or
93.5other evidence and documentation together with a statement from an independent witness
93.6using forms prescribed by the commissioner. The commissioner, upon recommendation
93.7of the agent, shall determine whether the crop damage or destruction or damage to or
93.8destruction of a fence surrounding a crop or pasture is caused by elk and, if so, the amount
93.9of the crop or fence that is damaged or destroyed. In any fiscal year,
93.10may not be compensated for a damaged or destroyed crop or fence surrounding a crop
93.11or pasture that is less than $100 in value and may be compensated up to $20,000, as
93.12determined under this section, if normal harvest procedures for the area are followed. In
93.13any fiscal year, the commissioner may provide compensation for claims filed under this
93.14section up to the amount expressly appropriated for this purpose.
93.15 Subd. 4. Insurance deduction. Payments authorized by this section must be
93.16reduced by amounts received by the owner as proceeds from an insurance policy covering
93.17crop losses or damage to or destruction of a fence surrounding a crop or pasture, or from
93.18any other source for the same purpose including, but not limited to, a federal program.
93.19 Subd. 5. Decision on claims; opening land to hunting. If the commissioner finds
93.20that the crop or pasture owner has shown that the damage or destruction of the owner's
93.21crop or damage to or destruction of a fence surrounding a crop or pasture was caused more
93.22probably than not by elk, the commissioner shall pay compensation as provided in this
93.23section and the rules of the commissioner.
93.24
93.25receives compensation under this section may, by written permission, permit hunting
93.26on the land at the landowner's discretion.
93.27 Subd. 6. Denial of claim; appeal. (a) If the commissioner denies compensation
93.28claimed by a crop or pasture owner under this section, the commissioner shall issue a
93.29written decision based upon the available evidence including a statement of the facts upon
93.30which the decision is based and the conclusions on the material issues of the claim. A
93.31copy of the decision must be mailed to the crop or pasture owner.
93.32(b) A decision denying compensation claimed under this section is not subject to the
93.33contested case review procedures of chapter 14, but a crop or pasture owner may have
93.34the claim reviewed in a trial de novo in a court in the county where the loss occurred.
93.35The decision of the court may be appealed as in other civil cases. Review in court may
93.36be obtained by filing a petition for review with the administrator of the court within 60
94.1days following receipt of a decision under this section. Upon the filing of a petition, the
94.2administrator shall mail a copy to the commissioner and set a time for hearing within
94.390 days after the filing.
94.4 Subd. 7. Rules. The commissioner shall adopt rules and may
94.5
94.6rulemaking process in section 14.389 to adopt and amend rules authorized in this section.
94.7The rules must include:
94.8(1) methods of valuation of crops damaged or destroyed;
94.9(2) criteria for determination of the cause of the crop damage or destruction;
94.10(3) notice requirements by the owner of the damaged or destroyed crop;
94.11(4) compensation rates for fence damage or destruction that shall include a minimum
94.12claim of $75.00 per incident and a maximum of $1,800 per claimant per fiscal year; and
94.13(5) any other matters determined necessary by the commissioner to carry out this
94.14section.
94.15 Sec. 2. Minnesota Statutes 2010, section 16C.055, subdivision 2, is amended to read:
94.16 Subd. 2. Restriction. After July 1, 2002, an agency may not enter into a contract or
94.17otherwise agree with a nongovernmental entity to receive total nonmonetary consideration
94.18valued at more than $100,000 annually in exchange for the agency providing nonmonetary
94.19consideration, unless such an agreement is specifically authorized by law. This subdivision
94.20does not apply to the State Lottery or private aquaculture businesses involved in state
94.21stocking contracts.
94.22 Sec. 3. Minnesota Statutes 2010, section 17.4982, subdivision 8, is amended to read:
94.23 Subd. 8. Containment facility. "Containment facility" means a licensed facility for
94.24salmonids
94.25list published by the United States Department of Agriculture, Animal and Plant Health
94.26Inspection Services, that complies with clauses (1), (3), and (4), or clauses (2), (3), and (4):
94.27(1) disinfects its effluent to the standards in section
94.28discharged to public waters;
94.29(2) does not discharge to public waters or to waters of the state directly connected to
94.30public waters;
94.31(3) raises aquatic life that is prohibited from being released into the wild and must be
94.32kept in a facility approved by the commissioner unless processed for food consumption;
94.33(4) contains aquatic life requiring a fish health inspection prior to transportation.
95.1 Sec. 4. Minnesota Statutes 2010, section 17.4982, is amended by adding a subdivision
95.2to read:
95.3 Subd. 10a. Fish collector. "Fish collector" means an individual who has been
95.4certified under section 17.4989 to oversee the collection of fish samples from a facility or
95.5a water body for disease testing by a certified laboratory.
95.6 Sec. 5. Minnesota Statutes 2010, section 17.4982, subdivision 12, is amended to read:
95.7 Subd. 12. Fish health inspection. (a) "Fish health inspection" means an on-site,
95.8statistically based sampling, collection, and testing of fish in accordance with processes
95.9in the Fish Health Blue Book
95.10for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE)
95.11to test for causative pathogens. The samples for inspection must be collected by a fish
95.12health inspector or a fish collector in cooperation with the producer. Testing of samples
95.13must be done by an approved laboratory.
95.14(b) The inspection for viral hemorrhagic septicemia (VHS), infectious pancreatic
95.15necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in
95.16nonsalmonids must include at
95.17percent confidence level of detecting two percent incidence of disease
95.18
95.19
95.20
95.21
95.22
95.23(c) The inspection for certifiable diseases for wild fish must follow the guidelines of
95.24the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.
95.25 Sec. 6. Minnesota Statutes 2010, section 17.4982, subdivision 13, is amended to read:
95.26 Subd. 13. Fish health inspector. "Fish health inspector" means an individual
95.27certified as a fish health inspector or an aquatic animal health inspector by the American
95.28Fisheries Society or state, federal, or provincial resource management agency, except
95.29that a certification may not be made by an inspector who has a conflict of interest in
95.30connection with the outcome of the certification.
95.31 Sec. 7. [17.4989] FISH SAMPLE COLLECTING.
96.1 Subdivision 1. Training. Fish collector training may be offered by any organization
96.2or agency that has had its class and practicum syllabus approved by the commissioner.
96.3The class and practicum must include the following components:
96.4(1) accurate identification of licensed water bodies listed according to section
96.517.4984 and ensuring that collection is taking place at the correct site;
96.6(2) identification of fish internal organs;
96.7(3) fish dissection and sample preparation as identified by the Department of Natural
96.8Resources based on specific testing requirements or as outlined in the Fish Health
96.9Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the
96.10International Office of Epizootics (OIE);
96.11(4) recording and reporting data;
96.12(5) sample preparation and shipping;
96.13(6) a field collection site test to demonstrate mastery of the necessary skills, overseen
96.14by a certified fish health inspector; and
96.15(7) a certificate of successful completion signed by a certified fish health inspector
96.16on a form provided by the commissioner.
96.17 Subd. 2. Certification time period. Fish collector certification is valid for five years
96.18and is not transferable. A person may renew certification only by successfully completing
96.19certification training. Certification shall be revoked if the certified person is convicted
96.20of violating any of the statutes or rules governing testing for aquatic species diseases.
96.21Certification may be suspended during an investigation associated with misconduct or
96.22violations of fish health testing and collection. The commissioner shall notify the person
96.23that certification is being revoked or suspended.
96.24 Subd. 3. Conflict of interest. A fish collector may not oversee the collection of fish
96.25from a facility or a water body when the collector has a conflict of interest in connection
96.26with the outcome of the testing.
96.27 Sec. 8. Minnesota Statutes 2010, section 17.4991, subdivision 3, is amended to read:
96.28 Subd. 3. Fish health inspection. (a) An aquatic farm propagating
96.29
96.30list published by the United States Department of Agriculture, Animal and Plant Health
96.31Inspection Services, and having an effluent discharge from the aquatic farm into public
96.32waters must have a fish health inspection conducted at least once every 12 months by a
96.33certified fish health inspector. Testing must be conducted according to
96.34methods of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal
96.35Diseases, published by the International Office of Epizootics (OIE).
97.1(b) An aquatic farm propagating any species on the VHS susceptible list and having
97.2an effluent discharge from the aquatic farm into public waters must test for VHS virus
97.3using the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic
97.4Animal Diseases. The commissioner may, by written order published in the State Register,
97.5prescribe alternative testing time periods and methods from those prescribed in the Fish
97.6Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that
97.7biosecurity measures will not be compromised. These alternatives are not subject to the
97.8rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner
97.9must provide reasonable notice to affected parties of any changes in testing requirements.
97.10(c) Results of fish health inspections must be provided to the commissioner for all
97.11fish that remain in the state. All data used to prepare and issue a fish health certificate must
97.12be maintained for three years by the issuing fish health inspector, approved laboratory, or
97.13accredited veterinarian.
97.14(d) A health inspection fee must be charged based on each lot of fish sampled. The
97.15fee by check or money order payable to the Department of Natural Resources must be
97.16prepaid or paid at the time a bill or notice is received from the commissioner that the
97.17inspection and processing of samples is completed.
97.18
97.19shall notify the operator and issue a fish health certificate. The certification must be made
97.20according to the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal
97.21Diseases by a person certified as a fish health inspector.
97.22
97.23be inspected by the commissioner. This inspection may include the collection of stock
97.24for purposes of pathological analysis. Sample size necessary for analysis will follow
97.25guidelines listed in the Fish Health Blue Book or the Diagnostic Manual for Aquatic
97.26Animal Diseases.
97.27
97.28fish health inspection before being transported from a containment facility, unless the
97.29fish are being transported directly to an outlet for processing or other food purposes or
97.30unless the commissioner determines that an inspection is not needed. A fish health
97.31inspection conducted for this purpose need only be done on the lot or lots of fish that will
97.32be transported. The commissioner must conduct a fish health inspection requested for this
97.33purpose within five working days of receiving written notice. Salmonids and catfish may
97.34be immediately transported from a containment facility to another containment facility
97.35once a sample has been obtained for a health inspection or once the five-day notice
97.36period has expired.
98.1 Sec. 9. Minnesota Statutes 2010, section 17.4992, subdivision 4, is amended to read:
98.2 Subd. 4. Sale of eggs by the state. The commissioner may offer for sale or barter
98.3as eggs or fry
98.4
98.5 Sec. 10. Minnesota Statutes 2010, section 17.4994, is amended to read:
98.617.4994 SUCKER EGGS.
98.7Sucker eggs may be taken from public waters with a sucker egg license endorsement
98.8
98.9
98.10
98.11in section 97A.475, subdivision 29.
98.12subject to chapter 97C and may be supervised by the commissioner. The commissioner
98.13may limit the amount of sucker eggs that a person with a sucker egg license endorsement
98.14may take based on the number of sucker eggs taken historically by the licensee, new
98.15requests for eggs, and the condition of the spawning runs at those historical streams and
98.16rivers that have produced previous annual quotas.
98.17 Sec. 11. Minnesota Statutes 2010, section 84.942, subdivision 1, is amended to read:
98.18 Subdivision 1. Preparation. The commissioner of natural resources shall prepare
98.19
98.20policy of section
98.21
98.22
98.23
98.24
98.25 Sec. 12. Minnesota Statutes 2010, section 84.95, subdivision 2, is amended to read:
98.26 Subd. 2. Purposes and expenditures. Money from the reinvest in Minnesota
98.27resources fund may only be spent for the following fish and wildlife conservation
98.28enhancement purposes:
98.29(1) development and implementation of the
98.30management
98.31(2) implementation of the reinvest in Minnesota reserve program established by
98.32section
99.1(3) soil and water conservation practices to improve water quality, reduce soil
99.2erosion and crop surpluses;
99.3(4) enhancement or restoration of fish and wildlife habitat on lakes, streams,
99.4wetlands, and public and private forest lands;
99.5(5) acquisition and development of public access sites and recreation easements to
99.6lakes, streams, and rivers for fish and wildlife oriented recreation;
99.7(6) matching funds with government agencies, federally recognized Indian tribes and
99.8bands, and the private sector for acquisition and improvement of fish and wildlife habitat;
99.9(7) research and surveys of fish and wildlife species and habitat;
99.10(8) enforcement of natural resource laws and rules;
99.11(9) information and education;
99.12(10) implementing the aspen recycling program under section
99.13forest wildlife management projects; and
99.14(11) necessary support services to carry out these purposes.
99.15 Sec. 13. Minnesota Statutes 2010, section 84D.03, subdivision 4, as amended by Laws
99.162011, chapter 107, section 22, is amended to read:
99.17 Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
99.18restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
99.19stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
99.20an infested water that is designated because it contains invasive fish, invertebrates, or
99.21certifiable diseases, as defined in section
99.22If a commercial licensee operates in an infested water designated because it contains
99.23invasive fish, invertebrates, or certifiable diseases, as defined in section
99.24traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
99.25crayfish harvesting in waters designated as infested with invasive fish, invertebrates, or
99.26certifiable diseases, as defined in section
99.27the commissioner, as specified in the commercial licensee's license or permit. This tagging
99.28requirement does not apply to commercial fishing equipment used in Lake Superior.
99.29(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
99.30turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
99.31contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
99.32minimum of two days before they are used in any other waters, except as provided in this
99.33paragraph. Commercial licensees must notify the department's regional or area fisheries
99.34office or a conservation officer before removing nets or equipment from an infested water
99.35designated solely because it contains Eurasian water milfoil and before resetting those
100.1nets or equipment in any other waters. Upon notification, the commissioner may authorize
100.2a commercial licensee to move nets or equipment to another water without freezing or
100.3drying, if that water is designated as infested solely because it contains Eurasian water
100.4milfoil.
100.5(c) A commercial licensee must remove all aquatic macrophytes from nets and other
100.6equipment when the nets and equipment are removed from waters of the state.
100.7(d) The commissioner shall provide a commercial licensee with a current listing of
100.8designated infested waters at the time that a license or permit is issued.
100.9
100.10
100.11
100.12
100.13
100.14 Sec. 14. Minnesota Statutes 2010, section 84D.11, subdivision 2a, as amended by
100.15Laws 2011, chapter 107, section 29, is amended to read:
100.16 Subd. 2a. Harvest of bait from infested waters. (a) The commissioner may issue a
100.17permit to allow the harvest of bait:
100.18(1) from waters that are designated as infested waters, except those designated
100.19because they contain prohibited invasive species of fish or certifiable diseases of fish as
100.20defined in section 17.4982, subdivision 6; and
100.21(2) from infested waters as allowed under section 97C.341, paragraph (c).
100.22 The permit shall include conditions necessary to avoid spreading aquatic invasive
100.23species.
100.24 (b) Before receiving a permit, or working for a permittee, a person annually
100.25must satisfactorily complete aquatic invasive species-related training provided by the
100.26commissioner.
100.27EFFECTIVE DATE.This section is effective the day following final enactment.
100.28 Sec. 15. Minnesota Statutes 2010, section 97A.015, subdivision 24, is amended to read:
100.29 Subd. 24. Game birds. "Game birds" means migratory waterfowl, ring-necked
100.30pheasant, ruffed grouse, sharp-tailed grouse, Canada spruce grouse, prairie chickens, gray
100.31partridge, bobwhite quail, wild turkeys, coots, gallinules, sora and Virginia rails, mourning
100.32dove, sandhill crane, American woodcock, and common snipe.
100.33 Sec. 16. Minnesota Statutes 2010, section 97A.015, subdivision 45, is amended to read:
101.1 Subd. 45. Small game. "Small game" means game birds, gray squirrel, fox squirrel,
101.2cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, gray wolf, red fox
101.3and gray fox, fisher, pine marten, opossum, badger, cougar, wolverine, muskrat, mink,
101.4otter, and beaver.
101.5 Sec. 17. Minnesota Statutes 2010, section 97A.015, subdivision 49, is amended to read:
101.6 Subd. 49. Undressed bird. "Undressed bird" means:
101.7(1) a bird, excluding
101.8
101.9(2) a
101.10head attached; or
101.11(3) a pheasant, Hungarian partridge, or wild turkey
101.12
101.13
101.14 Sec. 18. Minnesota Statutes 2010, section 97A.015, subdivision 52, is amended to read:
101.15 Subd. 52. Unprotected birds. "Unprotected birds" means English sparrow,
101.16blackbird, starling, magpie, cormorant, common pigeon, Eurasian collared dove, chukar
101.17partridge, quail other than bobwhite quail, and mute swan.
101.18 Sec. 19. Minnesota Statutes 2010, section 97A.015, subdivision 55, is amended to read:
101.19 Subd. 55. Wild animals. "Wild animals" means all
101.20alive, not human, wild by nature, endowed with sensation and power of voluntary motion,
101.21and includes mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks.
101.22EFFECTIVE DATE.This section is effective the day following final enactment.
101.23 Sec. 20. Minnesota Statutes 2010, section 97A.028, subdivision 3, is amended to read:
101.24 Subd. 3. Emergency deterrent materials assistance. (a) For the purposes of
101.25this subdivision, "cooperative damage management agreement" means an agreement
101.26between a landowner or tenant and the commissioner that establishes a program for
101.27addressing the problem of destruction of the landowner's or tenant's specialty crops or
101.28stored forage crops by wild animals,
101.29Canada geese, or destruction of agricultural crops or pasture by elk within the native elk
101.30range, as determined by the commissioner.
101.31 (b) A landowner or tenant may apply to the commissioner for emergency deterrent
101.32materials assistance in controlling destruction of the landowner's or tenant's specialty
102.1crops or stored forage crops by wild animals,
102.2flightless Canada geese, or destruction of agricultural crops or pasture by elk within the
102.3native elk range, as determined by the commissioner. Subject to the availability of money
102.4appropriated for this purpose, the commissioner shall provide suitable deterrent materials
102.5when the commissioner determines that:
102.6 (1) immediate action is necessary to prevent significant damage from continuing; and
102.7 (2) a cooperative damage management agreement cannot be implemented
102.8immediately.
102.9 (c) A person may receive emergency deterrent materials assistance under this
102.10subdivision more than once, but the cumulative total value of deterrent materials provided
102.11to a person, or for use on a parcel, may not exceed
102.12
102.13silage or grain, or
102.14The value of deterrent materials provided to a person to help protect stored forage crops,
102.15agricultural crops, or pasture from damage by elk may not exceed $5,000. If a person is a
102.16co-owner or cotenant with respect to the
102.17are provided, the deterrent materials are deemed to be "provided" to the person for the
102.18purposes of this paragraph.
102.19 (d) As a condition of receiving emergency deterrent materials assistance under this
102.20subdivision, a landowner or tenant shall enter into a cooperative damage management
102.21agreement with the commissioner. Deterrent materials provided by the commissioner may
102.22include repellents, fencing materials, or other materials recommended in the agreement
102.23to alleviate the damage problem. If requested by a landowner or tenant, any fencing
102.24materials provided must be capable of providing long-term protection of specialty crops.
102.25A landowner or tenant who receives emergency deterrent materials assistance under
102.26this subdivision shall comply with the terms of the cooperative damage management
102.27agreement.
102.28 Sec. 21. Minnesota Statutes 2010, section 97A.075, subdivision 6, is amended to read:
102.29 Subd. 6. Walleye stamp.
102.30walleye stamp account. Money in the account must be used only for stocking
102.31walleyes purchased from the private sector in waters of the state
102.32
102.33
102.34
103.1 Sec. 22. Minnesota Statutes 2010, section 97A.101, subdivision 3, is amended to read:
103.2 Subd. 3. Fishing may not be restricted. Seasons or methods of taking fish other
103.3than minnows may not be restricted under this section.
103.4 Sec. 23. Minnesota Statutes 2010, section 97A.311, subdivision 5, is amended to read:
103.5 Subd. 5. Refunds. (a) The commissioner may issue a refund on a license, not
103.6including any issuing fees paid under section
103.7received within 90 days of the original license purchase and:
103.8 (1) the licensee dies before the opening of the licensed season. The original license
103.9and a copy of the death certificate must be provided to the commissioner;
103.10 (2) the licensee is unable to participate in the licensed activity because the licensee is
103.11called to active military duty or military leave is canceled during the entire open season of
103.12the licensed activity. The original license and a copy of the military orders or notice of
103.13cancellation of leave must be provided to the commissioner;
103.14 (3) the licensee purchased two licenses for the same license season in error
103.15(4) the licensee was not legally required to purchase the license to participate
103.16in the activity.
103.17 (b) This subdivision does not apply to lifetime licenses.
103.18 Sec. 24. Minnesota Statutes 2010, section 97A.321, subdivision 1, is amended to read:
103.19 Subdivision 1. Owner responsibility; penalty amount. The owner of a dog that
103.20pursues but does not kill or mortally wound a big game animal is subject to a civil penalty
103.21of $100 for each violation. The owner of a dog that kills or mortally wounds a big game
103.22animal is subject to a civil penalty of $500 for each violation.
103.23 Sec. 25. Minnesota Statutes 2010, section 97A.331, is amended by adding a
103.24subdivision to read:
103.25 Subd. 4a. Hunting big game while under revocation. Notwithstanding section
103.2697A.421, subdivision 7, a person who takes big game during the time the person is
103.27prohibited from obtaining a license to take big game under section 97A.421 is guilty
103.28of a gross misdemeanor.
103.29 Sec. 26. Minnesota Statutes 2010, section 97A.405, subdivision 2, is amended to read:
103.30 Subd. 2. Personal possession. (a) A person acting under a license or traveling from
103.31an area where a licensed activity was performed must have in personal possession either:
103.32(1) the proper license, if the license has been issued to and received by the person; or (2)
104.1the proper license identification number or stamp validation, if the license has been sold to
104.2the person by electronic means but the actual license has not been issued and received.
104.3 (b) If possession of a license or a license identification number is required, a person
104.4must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper
104.5license if the license has been issued to and received by the person; or (2) the proper
104.6license identification number or stamp validation and a valid state driver's license, state
104.7identification card, or other form of identification provided by the commissioner, if the
104.8license has been sold to the person by electronic means but the actual license has not been
104.9issued and received. A person charged with violating the license possession requirement
104.10shall not be convicted if the person produces in court or the office of the arresting officer,
104.11the actual license previously issued to that person, which was valid at the time of arrest,
104.12or satisfactory proof that at the time of the arrest the person was validly licensed. Upon
104.13request of a conservation officer or peace officer, a licensee shall write the licensee's name
104.14in the presence of the officer to determine the identity of the licensee.
104.15 (c) If the actual license has been issued and received, a receipt for license fees, a
104.16copy of a license, or evidence showing the issuance of a license, including the license
104.17identification number or stamp validation, does not entitle a licensee to exercise the rights
104.18or privileges conferred by a license.
104.19 (d) A license issued electronically and not immediately provided to the licensee
104.20shall be mailed to the licensee within 30 days of purchase of the license. A pictorial
104.21migratory waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to
104.22the licensee after purchase of a stamp validation only if the licensee pays an additional
104.23fee that covers the costs of producing and mailing a pictorial stamp. A pictorial turkey
104.24stamp may be purchased for a
104.25pictorial stamp. Notwithstanding section 16A.1283, the commissioner may, by written
104.26order published in the State Register, establish fees for providing the pictorial stamps.
104.27The fees must be set in an amount that does not recover significantly more or less than
104.28the cost of producing and mailing the stamps. The fees are not subject to the rulemaking
104.29provisions of chapter 14, and section 14.386 does not apply.
104.30 Sec. 27. Minnesota Statutes 2010, section 97A.415, subdivision 2, is amended to read:
104.31 Subd. 2. Transfer
104.32a license or permit, license identification number, application for a license or permit,
104.33coupon, tag, or seal, or use a license, permit, license identification number, coupon, tag,
104.34or seal not issued to the person unless otherwise expressly authorized. A person may
104.35transfer a license, as prescribed by the commissioner, for use by a person with a severe
105.1disability or critical illness who is participating in a hunting or fishing program sponsored
105.2by a nonprofit organization.
105.3 Sec. 28. Minnesota Statutes 2010, section 97A.425, subdivision 3, is amended to read:
105.4 Subd. 3. Reports. Except for persons licensed to mount specimens of wild
105.5animals, an annual report covering the preceding license year must be submitted to the
105.6commissioner by March 15. The commissioner may require other reports for statistical
105.7purposes. The reports must be on forms supplied or approved by the commissioner.
105.8 Sec. 29. Minnesota Statutes 2010, section 97A.433, is amended by adding a
105.9subdivision to read:
105.10 Subd. 5. Mandatory separate selection. The commissioner must conduct
105.11a separate selection for 20 percent of the elk licenses to be issued each year. Only
105.12individuals who have applied at least ten times for an elk license and who have never
105.13received a license are eligible for this separate selection.
105.14 Sec. 30. Minnesota Statutes 2010, section 97A.435, subdivision 1, is amended to read:
105.15 Subdivision 1.
105.16commissioner shall include in
105.17
105.18those seasons.
105.19 Sec. 31. Minnesota Statutes 2010, section 97A.445, subdivision 1a, is amended to read:
105.20 Subd. 1a. Angling in a state park. (a) A resident may take fish by angling without
105.21an angling license:
105.22(1) when shore fishing or wading on state-owned land within a state park
105.23(2) when angling from a boat or float
105.24through the ice on water bodies completely encompassed within the statutory boundary of
105.25the state park.
105.26(b) The exemption from an angling license does not apply to waters where a trout
105.27stamp is required.
105.28 Sec. 32. Minnesota Statutes 2010, section 97A.465, subdivision 5, is amended to read:
105.29 Subd. 5. Preference to service members. (a) For purposes of this subdivision:
105.30(1) "qualified service member or veteran" means a Minnesota resident who:
106.1(i) is currently serving, or has served at any time during the past 24 months, in active
106.2service as a member of the United States armed forces, including the National Guard or
106.3other military reserves;
106.4(ii) has received a Purple Heart medal for qualifying military service, as shown by
106.5official military records; or
106.6(iii) has a service-connected disability rated at 100 percent as defined by the United
106.7States Department of Veterans Affairs; and
106.8(2) "active service" means service defined under section
106.9(b) Notwithstanding any other provision of this chapter, chapter 97B or 97C, or
106.10administrative rules, the commissioner may give first preference to qualified service
106.11members or veterans in any drawing or lottery involving the selection of applicants for
106.12hunting or fishing licenses, permits, and special permits. This subdivision does not
106.13apply to licenses or permits for taking moose, elk, or prairie chickens. Actions of the
106.14commissioner under this subdivision are not rules under the Administrative Procedure Act
106.15and section
106.16 Sec. 33. Minnesota Statutes 2010, section 97A.475, subdivision 7, is amended to read:
106.17 Subd. 7. Nonresident fishing. (a) Fees for the following licenses, to be issued
106.18to nonresidents, are:
106.19 (1) to take fish by angling, $37.50;
106.20 (2) to take fish by angling limited to seven consecutive days selected by the licensee,
106.21$26.50;
106.22 (3) to take fish by angling for a 72-hour period selected by the licensee, $22;
106.23 (4) to take fish by angling for a combined license for a family for one or both parents
106.24and dependent children under the age of 16, $50.50;
106.25 (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50;
106.26 (6) to take fish by angling for a combined license for a married couple, limited to 14
106.27consecutive days selected by one of the licensees, $38.50; and
106.28(7) to take fish by spearing from a dark house, $37.50.
106.29 (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
106.30issued under paragraph (a), clause (5), and licenses purchased at the resident fee by
106.31nonresidents under age 16 under section 97A.451, subdivision 5, paragraph (b). An
106.32additional commission may not be assessed on this surcharge.
106.33 Sec. 34. Minnesota Statutes 2010, section 97A.502, is amended to read:
106.3497A.502 DEER KILLED BY MOTOR VEHICLES.
107.1(a) Deer killed by a motor vehicle on a public road must be removed by the road
107.2authority, as defined by section
107.3vehicle is allowed to possess the deer under paragraph (b). The commissioner of natural
107.4resources must provide to all road authorities standard forms for statistical purposes and
107.5the tracking of wild animals.
107.6(b) The driver of a motor vehicle that has collided with and killed a deer on a public
107.7road has priority for a possession permit for the entire deer if the facts indicate that the
107.8deer was not taken illegally.
107.9 Sec. 35. Minnesota Statutes 2010, section 97A.505, subdivision 2, is amended to read:
107.10 Subd. 2. Possession of unlawful animals brought into state prohibited. (a) A
107.11person may not possess a wild animal that has been unlawfully taken, bought, sold, or
107.12possessed outside the state, or unlawfully shipped into the state.
107.13(b) When entering the state from Canada, a person who possesses fish that were
107.14unlawfully taken or possessed under paragraph (a) may be charged in the same manner as
107.15for possessing fish that were unlawfully taken or possessed in the state.
107.16 Sec. 36. Minnesota Statutes 2010, section 97A.545, subdivision 5, is amended to read:
107.17 Subd. 5. Birds must be in undressed condition; exceptions. (a) Except as
107.18provided in paragraph (b), a person may ship or otherwise transport game birds in an
107.19undressed condition only.
107.20(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported:
107.21(1) were taken on a shooting preserve and are marked or identified in accordance
107.22with section
107.23(2) were taken, dressed, and lawfully shipped or otherwise transported in another
107.24state;
107.25(3) are migratory game birds that were lawfully tagged and packed by a federally
107.26permitted migratory bird preservation facility
107.27(4) are doves shipped or transported in accordance with federal law.
107.28 Sec. 37. [97B.0215] PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
107.29A parent or legal guardian of a minor may not knowingly direct, allow, or permit
107.30the minor to hunt without the required license, permit, training, or certification, or in
107.31violation of the game and fish laws.
107.32 Sec. 38. Minnesota Statutes 2010, section 97B.022, subdivision 2, is amended to read:
108.1 Subd. 2. Apprentice hunter validation requirements. A resident born after
108.2December 31, 1979, who is age 12 or
108.3education firearms safety certificate may be issued an apprentice hunter validation. An
108.4apprentice hunter validation
108.5in a lifetime and used to obtain hunting licenses during the same license year that the
108.6validation is purchased. An individual in possession of an apprentice hunter validation
108.7may hunt small game
108.8hunt in Minnesota whose license was not obtained using an apprentice hunter validation.
108.9An apprentice hunter validation holder must obtain all required licenses and stamps.
108.10 Sec. 39. Minnesota Statutes 2010, section 97B.031, subdivision 5, is amended to read:
108.11 Subd. 5. Scopes; visually impaired hunters. (a) Notwithstanding any other law
108.12to the contrary, the commissioner may issue a special permit, without a fee, to use a
108.13muzzleloader with a scope to take deer during the muzzleloader season to a person who
108.14obtains the required licenses and who has a visual impairment. The scope may not have
108.15magnification capabilities.
108.16(b) The visual impairment must be to the extent that the applicant is unable to
108.17identify targets and the rifle sights at the same time without a scope. The visual impairment
108.18and specific conditions must be established by medical evidence verified in writing by
108.19(1) a licensed physician
108.20acting under the direction of a licensed physician; (2) a licensed ophthalmologist
108.21a licensed optometrist. The commissioner may request additional information from the
108.22physician if needed to verify the applicant's eligibility for the permit.
108.23(c) A permit issued under this subdivision may be valid for up to five years, based
108.24on the permanence of the visual impairment as determined by the licensed physician,
108.25ophthalmologist, or optometrist.
108.26(d) The permit must be in the immediate possession of the permittee when hunting
108.27under the special permit.
108.28(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
108.29this subdivision for cause, including a violation of the game and fish laws or rules.
108.30(f) A person who knowingly makes a false application or assists another in making
108.31a false application for a permit under this subdivision is guilty of a misdemeanor. A
108.32physician, certified nurse practitioner, certified physician assistant, ophthalmologist, or
108.33optometrist who fraudulently certifies to the commissioner that a person is visually
108.34impaired as described in this subdivision is guilty of a misdemeanor.
109.1 Sec. 40. Minnesota Statutes 2010, section 97B.041, is amended to read:
109.297B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED
109.3IN DEER ZONES.
109.4 (a) A person may not possess a firearm or ammunition outdoors during the period
109.5beginning the fifth day before the open firearms season and ending the second day after
109.6the close of the season within an area where deer may be taken by a firearm, except:
109.7 (1) during the open season and in an area where big game may be taken, a firearm
109.8and ammunition authorized for taking big game in that area may be used to take big game
109.9in that area if the person has a valid big game license in possession;
109.10 (2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle;
109.11 (3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot
109.12or steel shot;
109.13 (4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber,
109.14including .22 magnum caliber cartridges;
109.15 (5) handguns possessed by a person authorized to carry a handgun under sections
109.17 (6) on a target range operated under a permit from the commissioner.
109.18 (b) This section does not apply during an open firearms season in an area where deer
109.19may be taken only by muzzleloader, except that muzzleloading firearms lawful for the
109.20taking of deer may be possessed only by persons with a valid license to take deer by
109.21muzzleloader during
109.22with a valid license to take deer by muzzleloader may not possess a firearm other than:
109.23(1) a muzzleloader that is legal for taking deer under section 97B.031, subdivision
109.241; and
109.25(2) a firearm as described in paragraph (a), clauses (2) to (5).
109.26 Sec. 41. Minnesota Statutes 2010, section 97B.045, subdivision 3, is amended to read:
109.27 Subd. 3. Exceptions; hunting and shooting ranges. (a) Notwithstanding
109.28provisions to the contrary under this chapter, a person may transport an unloaded, uncased
109.29firearm, excluding a pistol as defined in paragraph (b), in a motor vehicle while at a
109.30shooting range, as defined under section
109.31received permission from the lawful owner or possessor to discharge firearms; lawfully
109.32hunting on private or public land; or travelling to or from a site the person intends to hunt
109.33lawfully that day or has hunted lawfully that day, unless:
109.34(1) within Anoka, Hennepin, or Ramsey County;
110.1
110.2
110.3
110.4population of 2,500 or more;
110.5
110.6
110.7(b) For the purposes of this section, a "pistol" includes a weapon designed to be fired
110.8by the use of a single hand and with an overall length less than 26 inches, or having a
110.9barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel
110.10of a length less than 16 inches in the case of a rifle:
110.11(1) from which may be fired or ejected one or more solid projectiles by means
110.12of a cartridge or shell or by the action of an explosive or the igniting of flammable or
110.13explosive substances; or
110.14(2) for which the propelling force is a spring, elastic band, carbon dioxide, air or
110.15other gas, or vapor.
110.16Pistol does not include a device firing or ejecting a shot measuring .18 of an inch, or less,
110.17in diameter and commonly known as a "BB gun," a scuba gun, a stud gun or nail gun used
110.18in the construction industry, or children's pop guns or toys.
110.19 Sec. 42. Minnesota Statutes 2010, section 97B.055, subdivision 3, is amended to read:
110.20 Subd. 3. Hunting from vehicle by disabled hunters. (a) The commissioner may
110.21issue a special permit, without a fee, to discharge a firearm or bow and arrow from a
110.22stationary motor vehicle to a person who obtains the required licenses and who has a
110.23permanent physical disability that is more substantial than discomfort from walking. The
110.24permit recipient must be:
110.25(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
110.26other mechanical support or prosthetic device; or
110.27(2) unable to walk any distance because of a permanent lung, heart, or other internal
110.28disease that requires the person to use supplemental oxygen to assist breathing.
110.29(b) The permanent physical disability must be established by medical evidence
110.30verified in writing by a licensed physician
110.31or certified physician assistant acting under the direction of a licensed physician. The
110.32commissioner may request additional information from the physician or chiropractor
110.33if needed to verify the applicant's eligibility for the permit. Notwithstanding section
110.35establish reasonable minimum standards for permits to be issued under this section. In
111.1addition to providing the medical evidence of a permanent disability, the applicant must
111.2possess a valid disability parking certificate authorized by section
111.3plates issued under section
111.4(c) A person issued a special permit under this subdivision and hunting deer may
111.5take a deer of either sex, except in those antlerless permit areas and seasons where no
111.6antlerless permits are offered. This subdivision does not authorize another member of a
111.7party to take an antlerless deer under section
111.8(d) A permit issued under this subdivision is valid for five years.
111.9(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
111.10this section for cause, including a violation of the game and fish laws or rules.
111.11(f) A person who knowingly makes a false application or assists another in making a
111.12false application for a permit under this section is guilty of a misdemeanor. A physician,
111.13certified nurse practitioner, certified physician assistant, or chiropractor who fraudulently
111.14certifies to the commissioner that a person is permanently disabled as described in this
111.15section is guilty of a misdemeanor.
111.16(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for
111.17the entire life of the applicant if the commissioner determines that there is no chance
111.18that an applicant will become ineligible for a permit under this section and the applicant
111.19requests a lifetime permit.
111.20 Sec. 43. Minnesota Statutes 2010, section 97B.075, is amended to read:
111.2197B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
111.22 (a) A person may not take protected wild animals, except raccoon and fox, with
111.23a firearm between the evening and morning times established by commissioner's rule,
111.24except as provided in this section.
111.25 (b) Big game may be taken from one-half hour before sunrise until one-half hour
111.26after sunset.
111.27 (c) Except as otherwise prescribed by the commissioner on or before the Saturday
111.28nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
111.29during the entire season prescribed by the commissioner.
111.30
111.31 Sec. 44. Minnesota Statutes 2010, section 97B.106, subdivision 1, is amended to read:
111.32 Subdivision 1. Qualifications for crossbow permits. (a) The commissioner may
111.33issue a special permit, without a fee, to take big game, small game, or rough fish with a
111.34crossbow to a person that is unable to hunt or take rough fish by archery because of a
112.1permanent or temporary physical disability. A crossbow permit issued under this section
112.2also allows the permittee to use a bow with a mechanical device that draws, releases, or
112.3holds the bow at full draw as provided in section
112.4 (b) To qualify for a crossbow permit under this section, a temporary disability
112.5must render the person unable to hunt or fish by archery for a minimum of two years
112.6after application for the permit is made. The permanent or temporary disability must
112.7be established by medical evidence, and the inability to hunt or fish by archery for the
112.8required period of time must be verified in writing by (1) a licensed physician or a certified
112.9nurse practitioner or certified physician assistant acting under the direction of a licensed
112.10physician; or (2) a licensed chiropractor. A person who has received a special permit
112.11under this section because of a permanent disability is eligible for subsequent special
112.12permits without providing medical evidence and verification of the disability.
112.13 (c) The person must obtain the appropriate license.
112.14 Sec. 45. Minnesota Statutes 2010, section 97B.211, subdivision 1, is amended to read:
112.15 Subdivision 1. Possession of firearms prohibited. (a) A person may not take deer
112.16by archery while in possession of a firearm.
112.17(b) Paragraph (a) does not apply to a person carrying a handgun in compliance
112.18with section 624.714.
112.19 Sec. 46. Minnesota Statutes 2010, section 97B.325, is amended to read:
112.2097B.325 DEER STAND RESTRICTIONS.
112.21A person may not take deer from a constructed platform or other structure that is
112.22located within the right-of-way of an improved public highway
112.23
112.24
112.25 Sec. 47. Minnesota Statutes 2010, section 97B.405, is amended to read:
112.2697B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
112.27 (a) The commissioner may limit the number of persons that may hunt bear in an
112.28area, if it is necessary to prevent an overharvest or improve the distribution of hunters.
112.29The commissioner may establish, by rule, a method, including a drawing, to impartially
112.30select the hunters for an area. The commissioner shall give preference to hunters that have
112.31previously applied and have not been selected.
112.32 (b)
112.33
113.1person selected through a drawing must purchase a license by August 1. Any remaining
113.2available licenses not purchased shall be issued to any eligible person as prescribed by
113.3the commissioner on a first-come, first-served basis beginning three business days after
113.4August 1.
113.5EFFECTIVE DATE.This section is effective the day following final enactment.
113.6 Sec. 48. Minnesota Statutes 2010, section 97B.425, is amended to read:
113.797B.425 BAITING BEARS.
113.8 Notwithstanding section
113.9display a tag at each site where bait is placed and register the sites. The commissioner
113.10shall prescribe the method of tagging and registering the sites. The tag displayed at each
113.11site where bait is placed must contain
113.12and address; (2) the licensee's driver's license number; or (3) the "MDNR#" license
113.13identification number issued to the licensee for a licensed bear hunter or a licensed bear
113.14outfitter. A person must have the license identification number of the person with the bear
113.15license in their possession or be a licensed bear outfitter while attending a bear bait station.
113.16To attract bear a person may not use a bait with:
113.17 (1) a carcass from a mammal, if the carcass contains more than 25 percent of the
113.18intact carcass;
113.19 (2) meat from mammals, if the meat contains bones;
113.20 (3) bones of mammals;
113.21 (4) solid waste containing bottles, cans, plastic, paper, or metal;
113.22 (5) materials that are not readily biodegradable; or
113.23 (6) any part of a swine, except cured pork.
113.24 Sec. 49. [97B.4251] BAITING BEAR; USE OF DRUM.
113.25Notwithstanding section 97B.425, a private landowner or person authorized by the
113.26private landowner may use a drum to bait bear on the person's private land. The drum
113.27must be securely chained or cabled to a tree so that it cannot be moved from the site by a
113.28bear and the drum may not include a mechanical device for dispensing feed. The drum
113.29must be marked as provided in section 97B.425. For purposes of this section, "drum"
113.30means a 30 gallon or larger drum.
113.31 Sec. 50. Minnesota Statutes 2010, section 97B.515, is amended by adding a
113.32subdivision to read:
114.1 Subd. 4. Taking elk causing damage or nuisance. The commissioner may
114.2authorize licensed hunters to take elk that are causing damage or nuisance from August
114.315 to March 1 under rules prescribed by the commissioner. The commissioner may issue
114.4licenses to hunters impartially selected from a list of elk hunt applicants who indicated on
114.5their application that they would be interested and available to respond to an elk damage
114.6or nuisance situation. Notwithstanding section 97A.433, subdivision 2, clause (2), a
114.7person receiving a license to hunt elk under this subdivision does not lose eligibility
114.8for future elk hunts.
114.9 Sec. 51. Minnesota Statutes 2010, section 97B.645, subdivision 9, is amended to read:
114.10 Subd. 9. Open season. There shall be no open season for gray wolves
114.11until after the gray wolf is delisted under the federal Endangered Species Act of 1973.
114.12After that time, the commissioner may prescribe open seasons and restrictions for taking
114.13gray wolves but must provide opportunity for public comment.
114.14 Sec. 52. Minnesota Statutes 2010, section 97B.667, is amended to read:
114.1597B.667 REMOVAL OF BEAVERS, BEAVER DAMS, AND LODGES BY
114.16ROAD AUTHORITIES.
114.17When a drainage watercourse is impaired by a beaver dam and the water damages
114.18or threatens to damage a public road, the road authority, as defined in section
114.19subdivision 25
114.20feet of the road. Notwithstanding any law to the contrary, the road authority may kill or
114.21arrange to have killed by any lawful means a beaver associated with the lodge. Before
114.22killing or arranging to kill a beaver under this section, the road authority must contact a
114.23conservation officer for a special beaver permit. The conservation officer must issue the
114.24permit for any beaver subject to this section. A road authority that kills or arranges to
114.25have killed a beaver under this section must notify a conservation officer or the officer's
114.26designee as specified in the permit within ten days after the animal is killed. A road
114.27authority may, after consultation with the Wildlife Division and the Board of Water and
114.28Soil Resources, implement a local beaver control program designed to reduce the number
114.29of incidents of beaver interfering with or damaging a public road. The local control
114.30program may include the offering of a bounty for the lawful taking of beaver.
114.31 Sec. 53. Minnesota Statutes 2010, section 97B.803, is amended to read:
114.3297B.803 MIGRATORY WATERFOWL SEASONS AND LIMITS.
115.1
115.2waterfowl in accordance with federal law.
115.3
115.4 Sec. 54. Minnesota Statutes 2010, section 97C.005, subdivision 3, is amended to read:
115.5 Subd. 3. Seasons, limits, and other rules. The commissioner may, in accordance
115.6with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14,
115.7establish open seasons, limits, methods, and other requirements for taking fish on special
115.8management waters. The commissioner may, by written order published in the State
115.9Register, amend daily, possession, or size limits to make midseason adjustments based
115.10on available harvest, angling pressure, and population data to manage the fisheries in the
115.111837 Ceded Territory in compliance with the court orders in Mille Lacs Band of Chippewa
115.12v. Minnesota, 119 S. Ct. 1187 (1999). The midseason adjustments in daily, possession, or
115.13size limits are not subject to the rulemaking provisions of chapter 14 and section 14.386
115.14does not apply. Before the written order is effective, the commissioner shall attempt to
115.15notify persons or groups of persons affected by the written order by public announcement,
115.16posting, and other appropriate means as determined by the commissioner.
115.17EFFECTIVE DATE.This section is effective the day following final enactment.
115.18 Sec. 55. [97C.007] NORTHERN PIKE EXPERIMENTAL AND SPECIAL
115.19MANAGEMENT WATERS.
115.20The combined number of lakes designated for northern pike under sections 97C.001
115.21and 97C.005 may not exceed 100 at one time. Until November 1, 2021, the designated
115.22lakes must be selected from the lakes identified in rules adopted under sections 97C.001
115.23and 97C.005 with northern pike slot limits effective on January 1, 2011. A designation
115.24under this section must continue for at least ten years, at which time the commissioner shall
115.25determine, based on scientific studies, whether the designation should be discontinued.
115.26EFFECTIVE DATE.This section is effective November 1, 2011.
115.27 Sec. 56. Minnesota Statutes 2010, section 97C.081, subdivision 3, is amended to read:
115.28 Subd. 3. Contests requiring a permit. (a) Unless subdivision 3a applies, a person
115.29must have a permit from the commissioner to conduct a fishing contest
115.30
115.31(1) there are more than 25 boats for open water contests, more than 150 participants
115.32for ice fishing contests, or more than 100 participants for shore fishing contests;
116.1(2) entry fees are more than $25 per person; or
116.2(3) the contest is limited to trout species.
116.3(b) The commissioner shall charge a fee for the permit that recovers the costs of
116.4issuing the permit and of monitoring the activities allowed by the permit. Notwithstanding
116.5section
116.6establish contest permit fees. The fees are not subject to the rulemaking provisions of
116.7chapter 14 and section
116.8
116.9responsibility in the form of a surety bond or bank letter of credit in the amount of $25,000
116.10if entry fees are over $25 per person, or total prizes are valued at more than $25,000, and
116.11if the applicant has either:
116.12 (1) not previously conducted a fishing contest requiring a permit under this
116.13subdivision; or
116.14 (2) ever failed to make required prize awards in a fishing contest conducted by
116.15the applicant
116.16
116.17
116.18
116.19amounts:
116.20 (1) $60 for an open water contest not exceeding 50 boats and without off-site
116.21weigh-in;
116.22 (2) $200 for an open water contest with more than 50 boats and without off-site
116.23weigh-in;
116.24 (3) $250 for an open water contest not exceeding 50 boats with off-site weigh-in;
116.25 (4) $500 for an open water contest with more than 50 boats with off-site weigh-in; or
116.26 (5) $120 for an ice fishing contest with more than 150 participants.
116.27 Sec. 57. Minnesota Statutes 2010, section 97C.081, is amended by adding a
116.28subdivision to read:
116.29 Subd. 3a. Contests without a permit. A person may conduct a fishing contest
116.30without a permit from the commissioner if:
116.31(1) the contest is not limited to specifically named waters;
116.32(2) all the contest participants are age 18 years or under;
116.33(3) the contest is limited to rough fish; or
116.34(4) the total prize value is $500 or less.
117.1 Sec. 58. Minnesota Statutes 2010, section 97C.087, subdivision 2, is amended to read:
117.2 Subd. 2. Application for tag. Application for special fish management tags must
117.3be accompanied by a $5, nonrefundable application fee for each tag. A person may not
117.4make more than one tag application each calendar year. If a person makes more than one
117.5application, the person is ineligible for a special fish management tag for that
117.6calendar year after determination by the commissioner, without a hearing.
117.7 Sec. 59. Minnesota Statutes 2010, section 97C.205, is amended to read:
117.897C.205 TRANSPORTING AND STOCKING FISH.
117.9 (a) Except on the water body where taken, a person may not transport a live fish in a
117.10quantity of water sufficient to keep the fish alive, unless the fish:
117.11 (1) is being transported under an aquaculture license as authorized under sections
117.13 (2) is being transported for a fishing contest weigh-in under section
117.14 (3) is a minnow being transported under section
117.15 (4) is being transported by a commercial fishing license holder under section
117.17 (5) is being transported as otherwise authorized in this section or as prescribed for
117.18certifiable diseases under sections 17.46 to 17.4999.
117.19 (b) The commissioner may adopt rules to allow and regulate:
117.20 (1) the transportation of fish and fish eggs; and
117.21 (2) the stocking of waters with fish or fish eggs.
117.22 (c) The commissioner must allow the possession of fish on special management or
117.23experimental waters to be prepared as a meal on the ice or on the shore of that water
117.24body if the fish:
117.25 (1) were lawfully taken;
117.26 (2) have been packaged by a licensed fish packer; and
117.27 (3) do not otherwise exceed the statewide possession limits.
117.28 (d) The commissioner shall prescribe rules designed to encourage local sporting
117.29organizations to propagate game fish by using rearing ponds. The rules must:
117.30 (1) prescribe methods to acquire brood stock for the ponds by seining public waters;
117.31 (2) allow the sporting organizations to own and use seines and other necessary
117.32equipment; and
117.33 (3) prescribe methods for stocking the fish in public waters that give priority to the
117.34needs of the community where the fish are reared and the desires of the organization
117.35operating the rearing pond.
118.1 (e) A person age 16 or under may, for purposes of display in a home aquarium,
118.2transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white
118.3crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow,
118.4and brown bullheads taken by angling, except as otherwise ordered by the commissioner
118.5upon documentation of an emergency fish disease in Minnesota waters, as defined in
118.6section 17.4982, subdivision 9. No more than four of each species may be transported at
118.7any one time, and any individual fish can be no longer than ten inches in total length. The
118.8commissioner may, by written order published in the State Register, prohibit transportation
118.9of live fish under this paragraph to help prevent spread of an emergency fish disease
118.10documented to occur in Minnesota waters. The order is exempt from the rulemaking
118.11provisions of chapter 14 and section 14.386 does not apply.
118.12 Sec. 60. Minnesota Statutes 2010, section 97C.211, subdivision 5, is amended to read:
118.13 Subd. 5. Price of
118.14
118.15
118.16associated with the production of eggs or fry.
118.17 Sec. 61. Minnesota Statutes 2010, section 97C.341, is amended to read:
118.1897C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
118.19(a) A person may not use live minnows imported from outside of the state, game
118.20fish, goldfish, or carp for bait. The commissioner may, by written order published in
118.21the State Register, authorize use of game fish eggs as bait and prescribe restrictions on
118.22their use. The order is exempt from the rulemaking provisions of chapter 14 and section
118.2314.386 does not apply.
118.24(b) A person may not import or possess live, frozen, or processed bait from known
118.25waters where viral hemorrhagic septicemia has been identified as being present, except as
118.26provided in paragraph (c). For purposes of this paragraph, "bait" includes fish, aquatic
118.27worms, amphibians, invertebrates, and insects used for
118.28waters of the state.
118.29 (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
118.30be used as:
118.31 (1) fresh or frozen bait only on Lake Superior; or
118.32 (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
118.33manner prescribed by rules adopted by the commissioner.
119.1(d) To ensure that frozen or dead fish being brought into the state are not in violation
119.2of paragraph (b), the following paperwork must accompany the shipment. Documents
119.3must be open for inspection by the commissioner at any reasonable time. All documents
119.4must be available to purchasers of these bait items. Each container or package of frozen or
119.5dead fish must have the following information:
119.6(1) water body source;
119.7(2) lot number;
119.8(3) company contact including name, phone, and address;
119.9(4) date of packaging and labeling; and
119.10(5) valid negative fish health certification from the source water body.
119.11EFFECTIVE DATE.This section is effective the day following final enactment.
119.12 Sec. 62. [97C.342] CERTIFICATION THAT FROZEN OR DEAD FISH BAIT
119.13ARE DISEASE FREE.
119.14 Subdivision 1. Definitions. For purposes of this section, the following terms have
119.15the meanings given:
119.16(1) "Water body" means waters identified by a unique Department of Natural
119.17Resources public water identification number; a body of water that has defined boundaries
119.18and that has no Department of Natural Resources public water identification number; or
119.19a section of stream designated by a Kittle number, lock and dam numbering system, or
119.20to the upstream and downstream barrier.
119.21(2) "Commercial license" means a license issued under section 97A.475, subdivision
119.2226, 27, 29, or 30.
119.23 Subd. 2. Bait restrictions. Frozen or dead fish on the official list of viral
119.24hemorrhagic septicemia susceptible species published by the United States Department of
119.25Agriculture, Animal and Plant Health Inspection Services; cisco (all Coregonus, including
119.26lake herring and tullibee); and smelt (all Osmerus, Spirincus, Hypomesus, and Allosmerus)
119.27being used as bait in waters of the state must originate from water bodies certified disease
119.28free. Certification for these water bodies is valid for one year from the date of test results.
119.29 Subd. 3. Testing requests. As a part of commercial licensing procedures, a list of
119.30water bodies requiring a fish health certification for commercial bait harvest must be
119.31provided to the commissioner no later than March 1 of each year, except in 2011 the list
119.32must be provided by August 1.
119.33 Subd. 4. Certification fees. Notwithstanding section 16A.1283, the commissioner
119.34may by written order published in the State Register, establish fees for the services and
119.35testing required to issue health certifications for a water body. The fees must be set in an
120.1amount that does not recover significantly more or less than the costs of providing services
120.2to health-certify a water body. The fees are not subject to the rulemaking provisions of
120.3chapter 14 and sections 14.125 and 14.386 do not apply. The services covered under
120.4this subdivision include:
120.5(1) cost of collecting the species for testing;
120.6(2) fish health inspection and certification, including initial tissue sample collection,
120.7basic fish health assessment, and fish disease testing; and
120.8(3) administrative overhead for tracking and documentation of testing.
120.9 Subd. 5. Transportation permit requirements. A commercial licensee harvesting
120.10from a certified disease-free water body must obtain a live fish importation, transportation,
120.11and stocking permit to move fish from that source. A live fish importation, transportation,
120.12and stocking permit may be used for multiple shipments within a 30-day term period if
120.13the source and destination remain the same. The commercial licensee must contact the
120.14department within 24 hours of exercising the permit. Permits may be issued through the
120.15department's regional offices or St. Paul office and must be obtained prior to moving fish
120.16as approved for movement from these certified disease-free water bodies.
120.17 Subd. 6. Reporting requirements. A commercial licensee harvesting bait under
120.18this section must maintain records on forms provided by the commissioner for each lot
120.19of frozen or dead fish for sale as bait. The records must include the lot number for each
120.20batch of frozen or dead fish, water body health certification documentation, transportation
120.21permit number, and other information as specified on the reporting form. The commercial
120.22licensee must enter required records onto forms within 24 hours of packaging and labeling
120.23each lot of fish. The commercial licensee must retain records for three years following
120.24the year of creation. All records required to be retained must be open to inspection by
120.25the commissioner at any reasonable time.
120.26 Subd. 7. Labeling requirements. Frozen or dead fish from certified disease-free
120.27water bodies that are being sold as bait must be labeled. The seller of the product is
120.28responsible for making sure the items are labeled according to this section. Each container
120.29or package of frozen or dead fish bait must have the following information:
120.30(1) Department of Natural Resources certified water body number;
120.31(2) Department of Natural Resources transportation permit number;
120.32(3) lot number;
120.33(4) date of harvest from water body;
120.34(5) date of packaging and labeling;
120.35(6) bait store or vendor name where purchased; and
120.36(7) disease-free certification date.
121.1 Subd. 8. Persons using frozen or dead fish bait. A person on, or taking wild
121.2animals in, waters of the state with frozen or dead fish bait must possess all labeling as
121.3prescribed under subdivision 7. The person must retain the labeling until the bait is used
121.4and no longer in the person's possession.
121.5EFFECTIVE DATE.This section is effective the day following final enactment.
121.6 Sec. 63. Minnesota Statutes 2010, section 103B.101, subdivision 9, is amended to read:
121.7 Subd. 9. Powers and duties. In addition to the powers and duties prescribed
121.8elsewhere, the board shall:
121.9(1) coordinate the water and soil resources planning and implementation activities of
121.10counties, soil and water conservation districts, watershed districts, watershed management
121.11organizations, and any other local units of government through its various authorities for
121.12approval of local plans, administration of state grants, contracts and easements, and by
121.13other means as may be appropriate;
121.14(2) facilitate communication and coordination among state agencies in cooperation
121.15with the Environmental Quality Board, and between state and local units of government,
121.16in order to make the expertise and resources of state agencies involved in water and soil
121.17resources management available to the local units of government to the greatest extent
121.18possible;
121.19(3) coordinate state and local interests with respect to the study in southwestern
121.20Minnesota under United States Code, title 16, section 1009;
121.21(4) develop information and education programs designed to increase awareness
121.22of local water and soil resources problems and awareness of opportunities for local
121.23government involvement in preventing or solving them;
121.24(5) provide a forum for the discussion of local issues and opportunities relating
121.25to water and soil resources management;
121.26(6) adopt an annual budget and work program that integrate the various functions
121.27and responsibilities assigned to it by law; and
121.28(7) report to the governor and the legislature by October 15 of each even-numbered
121.29year with an assessment of board programs and recommendations for any program
121.30changes and board membership changes necessary to improve state and local efforts
121.31in water and soil resources management.
121.32The board may accept grants, gifts, donations, or contributions in money, services,
121.33materials, or otherwise from the United States, a state agency, or other source to achieve
121.34an authorized or delegated purpose. The board may enter into a contract or agreement
121.35necessary or appropriate to accomplish the transfer. The board may conduct or participate
122.1in local, state, or federal programs or projects that have as one purpose or effect the
122.2preservation or enhancement of water and soil resources and may enter into and administer
122.3agreements with local governments or landowners or their designated agents as part
122.4of those programs or projects. The board may receive and expend money to acquire
122.5conservation easements, as defined in chapter 84C, on behalf of the state and federal
122.6government consistent with the Camp Ripley's Army Compatible Use Buffer Project.
122.7Any money received is hereby deposited in an account in a fund other than the
122.8general fund and appropriated and dedicated for the purpose for which it is granted.
122.9 Sec. 64. [348.125] COYOTE CONFLICT MANAGEMENT OPTION.
122.10A county or town board may, by resolution, offer a bounty for the taking of coyotes
122.11(Canis latrans) by all legal methods. The resolution may be made applicable to the whole
122.12or any part of the county or town. The bounty must apply during the months specified in
122.13the resolution and be in an amount determined by the board.
122.14EFFECTIVE DATE.This section is effective the day following final enactment.
122.15 Sec. 65. Minnesota Statutes 2010, section 604A.12, is amended to read:
122.16604A.12 LIVESTOCK ACTIVITIES; IMMUNITY FROM LIABILITY.
122.17 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
122.18have the meanings given them.
122.19(b) "Inherent risks of livestock activities" means dangers or conditions that are an
122.20integral part of livestock activities, including:
122.21(1) the propensity of livestock to behave in ways that may result in death or injury to
122.22persons on or around them, such as kicking, biting,
122.23(2) the unpredictability of livestock's reaction to things like sound, sudden
122.24movement, unfamiliar objects, persons, or other animals;
122.25(3) natural hazards such as surface or subsurface conditions; or
122.26(4) collisions with other livestock or objects.
122.27(c) "Livestock" means cattle, sheep, swine, horses, ponies, donkeys, mules, hinnies,
122.28goats, buffalo, llamas, or poultry.
122.29(d) "Livestock activity" means an activity involving the maintenance or use of
122.30livestock, regardless of whether the activity is open to the general public, and, except in
122.31the case of livestock grazing under clause (7), provided the activity is not performed for
122.32profit. Livestock activity includes:
122.33(1) livestock production;
123.1(2) loading, unloading, or transporting livestock;
123.2(3) livestock shows, fairs, competitions, performances, races, rodeos, or parades;
123.3(4) livestock training or teaching activities;
123.4(5) boarding, shoeing, or grooming livestock;
123.5(6) riding or inspecting livestock or livestock equipment; or
123.6(7) the use of state property for livestock grazing, pursuant to an agreement with the
123.7commissioner of natural resources.
123.8(e) "Livestock activity sponsor" means a person who sponsors, organizes, or
123.9provides the facilities for a livestock activity that is open to the general public.
123.10(f) "Participant" means a person who directly and intentionally engages in a livestock
123.11activity. Participant does not include a spectator who is in an authorized area.
123.12 Subd. 2. Immunity from liability; livestock events.
123.13
123.14entity donating services, livestock, facilities, or equipment for the use of a nonprofit
123.15corporation, association, or organization, is not liable for the death of or an injury to a
123.16participant resulting from the inherent risks of livestock activities.
123.17 Subd. 3. Exceptions; livestock events. Subdivision 2 does not apply if any of
123.18the following exist:
123.19(1) the person provided livestock for the participant and failed to make reasonable
123.20efforts to determine the ability of the participant to safely engage in the livestock activity
123.21or to determine the ability of the participant to safely manage the particular livestock
123.22based on the participant's representations of the participant's ability;
123.23(2) the person provided equipment or tack for the livestock and knew or should have
123.24known that it was faulty to the extent that it caused the injury or death;
123.25(3) the person owns or leases the land upon which a participant was injured or died
123.26because of a human-made dangerous latent condition and failed to use reasonable care
123.27to protect the participant;
123.28(4) the person is a livestock activity sponsor and fails to comply with the notice
123.29requirement of subdivision 4; or
123.30(5) the act or omission of the person was willful or negligent.
123.31 Subd. 3a. Immunity from liability; grazing on public lands. (a) Any person
123.32or entity grazing livestock on state lands under an agreement with the commissioner
123.33of natural resources is not liable for damage to property or the death of or an injury to
123.34a person due to the inherent risks of livestock activities.
123.35(b) This subdivision does not apply if the person or entity grazing the livestock:
124.1(1) fails to exercise reasonable care in using the land for grazing or in managing
124.2the livestock; or
124.3(2) maintains a condition in material violation of an agreement with the
124.4commissioner of natural resources for use of the land, and the condition contributed
124.5to the damage, death, or injury.
124.6 Subd. 4. Posting notice. (a) A livestock activity sponsor shall post plainly visible
124.7signs at one or more prominent locations in the premises where the livestock activity takes
124.8place that include a warning of the inherent risks of livestock activity and the limitation of
124.9liability under this section.
124.10(b) The commissioner of natural resources shall post plainly visible signs at one or
124.11more prominent locations on any state property being used for grazing purposes pursuant
124.12to an agreement with the commissioner. The signs shall include a warning of the inherent
124.13risks of livestock activity, and the limitations of liability provided in this section and
124.14any other applicable law.
124.15EFFECTIVE DATE; APPLICABILITY.This section is effective the day
124.16following final enactment and applies to causes of action arising on or after that date. The
124.17commissioner shall post notice as required by subdivision 4 on any property subject to a
124.18livestock grazing agreement on the effective date of this section within 60 days of that date.
124.19 Sec. 66. Minnesota Statutes 2010, section 604A.24, is amended to read:
124.20604A.24 LIABILITY; LEASED LAND, WATER-FILLED MINE PITS;
124.21MUNICIPAL POWER AGENCY LAND.
124.22Unless otherwise agreed in writing, sections
124.23the duties and liability of an owner of the following land:
124.24(1) land leased to the state or any political subdivision for recreational purpose; or
124.25(2) idled or abandoned, water-filled mine pits whose pit walls may slump or cave,
124.26and to which water the public has access from a water access site operated by a public
124.27entity;
124.28(3) land of which a municipal power agency is an owner and that is used for
124.29recreational trail purposes, and other land of a municipal power agency which is within
124.30300 feet of such land if the entry onto such land was from land that is dedicated for
124.31recreational purposes or recreational trail use; or
124.32(4) land leased to the state or otherwise subject to an agreement or contract for
124.33purposes of a state-sponsored walk-in access program.
125.1 Sec. 67. RULEMAKING; GAME FARMS.
125.2(a) The commissioner of natural resources shall amend Minnesota Rules, parts
125.36242.0900, subpart 1, and 6242.1000, subpart 1, to allow an option for game farm
125.4licensees to use approved report and sales receipt formats.
125.5(b) The commissioner may use the good cause exemption under Minnesota Statutes,
125.6section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
125.7Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
125.8section 14.388.
125.9 Sec. 68. RULEMAKING; SPEARING ON CASS LAKE.
125.10The commissioner of natural resources shall amend Minnesota Rules, part
125.116264.0400, subpart 69, to allow a person to take fish by spearing on Cass Lake. The
125.12commissioner may use the good cause exemption under Minnesota Statutes, section
125.1314.388, to adopt rules under this section, and Minnesota Statutes, section 14.386, does not
125.14apply except as provided under Minnesota Statutes, section 14.388. Until July 1, 2016, the
125.15commissioner shall not adopt restrictions on spearing northern pike on Cass Lake under
125.16Minnesota Statutes, section 97C.001 or 97C.005.
125.17 Sec. 69. DEER HUNTING RULES.
125.18(a) If the commissioner of natural resources adopts a rule applicable for the Series
125.19300 deer permit areas that imposes an antler point restriction for taking antlered deer,
125.20other than that imposed under Minnesota Rules, part 6232.0200, subpart 6, the rule must
125.21expire after the 2012 deer hunting season.
125.22(b) The commissioner of natural resources may not reinstate an antler point
125.23restriction for the Series 300 deer permit areas, other than that imposed under Minnesota
125.24Rules, part 6232.0200, subpart 6, after the 2012 deer hunting season unless the legislature
125.25approves the antler point restriction.
125.26(c) The commissioner of natural resources shall amend Minnesota Rules, part
125.276232.1300, subpart 3, item B, to allow legal bucks to be taken in season option A for a
125.28nine-day period beginning the Saturday nearest November 6. The commissioner may use
125.29the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause
125.30(3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not
125.31apply except as provided in Minnesota Statutes, section 14.388.
125.32 Sec. 70. REPEALER.
126.1Minnesota Statutes 2010, sections 84.942, subdivisions 2, 3, and 4; 97A.015,
126.2subdivisions 26b, 27b, and 27c; 97A.435, subdivision 5; 97B.511; 97B.515, subdivision 3;
126.3and 97C.081, subdivision 2, are repealed.
126.4 Sec. 71. EFFECTIVE DATE; RELATIONSHIP TO OTHER
126.5APPROPRIATIONS.
126.6Unless otherwise specified, this article is effective retroactively from July 1, 2011,
126.7and supersedes and replaces funding authorized by order of the Second Judicial District
126.8Court in Case No. 62-CV-11-5203.
