Minnesota-2011-SF3-Chaptered

CHAPTER 2--S.F.No. 3

An act

relating to state government; appropriating money for environment,
natural resources, commerce, and energy; creating accounts; modifying
disposition of certain receipts; creating an advisory committee; modifying fees;
modifying feedlot provisions; modifying reporting requirements; modifying
requirements for department use of silencers; modifying definitions; modifying
Petroleum Tank Release Cleanup Act; modifying Mississippi River Management
Plan; modifying aquaculture provisions; modifying compensation and assistance
provisions for crop damage by elk; modifying requirements for fish and
wildlife management plans; modifying provisions for taking, possessing,
and transporting wild animals; modifying penalty and license provisions;
modifying duties of the Board of Water and Soil Resources; modifying certain
immunities from liability; limiting landowner liability for state walk-in access
program; requiring reports; providing criminal penalties; requiring rulemaking;
amending Minnesota Statutes 2010, sections 3.7371; 16C.055, subdivision 2;
17.4982, subdivisions 8, 12, 13, by adding a subdivision; 17.4991, subdivision
3; 17.4992, subdivision 4; 17.4994; 84.942, subdivision 1; 84.95, subdivision
2; 84D.03, subdivision 4, as amended; 84D.11, subdivision 2a, as amended;
84D.15, subdivision 2, as amended; 85.052, subdivision 4, as amended; 89.039,
subdivision 1; 89.21; 93.481, subdivision 7; 97A.015, subdivisions 24, 45, 49,
52, 55; 97A.028, subdivision 3; 97A.055, by adding a subdivision; 97A.071,
subdivision 2; 97A.075; 97A.101, subdivision 3; 97A.311, subdivision 5;
97A.321, subdivision 1; 97A.331, by adding a subdivision; 97A.405, subdivision
2; 97A.415, subdivision 2; 97A.425, subdivision 3; 97A.433, by adding a
subdivision; 97A.435, subdivision 1; 97A.445, subdivision 1a; 97A.465,
subdivision 5; 97A.475, subdivision 7; 97A.502; 97A.505, subdivision 2;
97A.545, subdivision 5; 97B.022, subdivision 2; 97B.031, subdivision 5;
97B.041; 97B.045, subdivision 3; 97B.055, subdivision 3; 97B.075; 97B.106,
subdivision 1; 97B.211, subdivision 1; 97B.325; 97B.405; 97B.425; 97B.515,
by adding a subdivision; 97B.645, subdivision 9; 97B.667; 97B.803; 97C.005,
subdivision 3; 97C.081, subdivision 3, by adding a subdivision; 97C.087,
subdivision 2; 97C.205; 97C.211, subdivision 5; 97C.341; 103B.101, subdivision
9; 103G.271, subdivision 6; 103G.301, by adding a subdivision; 103G.615,
subdivision 2; 115A.1314; 115A.1320, subdivision 1; 115C.09, subdivision 3c;
115C.13; 116.07, subdivisions 7c, 7d; 116P.05, subdivision 2; 290.431; 290.432;
299C.40, subdivision 1; 357.021, subdivision 7; 604A.12; 604A.24; 609.66,
subdivision 1h; Laws 2005, chapter 156, article 2, section 45, as amended;
proposing coding for new law in Minnesota Statutes, chapters 16E; 17; 84;
89; 97A; 97B; 97C; 103G; 348; repealing Minnesota Statutes 2010, sections
84.027, subdivision 11; 84.942, subdivisions 2, 3, 4; 97A.015, subdivisions 26b,
27b, 27c; 97A.435, subdivision 5; 97B.511; 97B.515, subdivision 3; 97C.081,
subdivision 2; 116P.14.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES FINANCE

Section 1. SUMMARY OF APPROPRIATIONS.

The amounts shown in this section summarize direct appropriations, by fund, made
in this article.

		2012		2013		Total
General	$	77,630,000	$	77,525,000	$	155,155,000
State Government Special Revenue		75,000		75,000		150,000
Environmental		63,703,000		63,797,000		127,500,000
Natural Resources		90,375,000		90,759,000		181,134,000
Game and Fish		89,592,000		88,895,000		178,487,000
Remediation		10,596,000		10,596,000		21,192,000
Permanent School		200,000		200,000		400,000
Total	$	332,171,000	$	331,847,000	$	664,018,000

Sec. 2. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.

The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2012" and "2013" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2012, or
June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
year ending June 30, 2011, are effective the day following final enactment.

APPROPRIATIONS
Available for the Year
Ending June 30
	2012	2013

Sec. 3. POLLUTION CONTROL AGENCY

Subdivision 1.Total Appropriation

79,343,000

79,437,000

Appropriations by Fund
	2012	2013
General	5,069,000	5,069,000
State Government Special Revenue	75,000	75,000
Environmental	63,703,000	63,797,000
Remediation	10,496,000	10,496,000

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

Subd. 2.Water

23,167,000

23,092,000

Appropriations by Fund
	2012	2013
General	3,737,000	3,737,000
State Government Special Revenue	75,000	75,000
Environmental	19,355,000	19,280,000

$1,378,000 the first year and $1,378,000
the second year are for water program
operations.
$1,959,000 the first year and $1,959,000
the second year are for grants to delegated
counties to administer the county feedlot
program under Minnesota Statutes, section
116.0711, subdivisions 2 and 3. Money
remaining after the first year is available for
the second year.
$740,000 the first year and $740,000 the
second year are from the environmental
fund to address the need for continued
increased activity in the areas of new
technology review, technical assistance
for local governments, and enforcement
under Minnesota Statutes, sections 115.55
to 115.58, and to complete the requirements
of Laws 2003, chapter 128, article 1, section
165.
$75,000 the first year from the environmental
fund is for the water management evaluation
required in article 4. This is a onetime
appropriation.
$400,000 the first year and $400,000
the second year are for the clean water
partnership program. Priority shall be
given to projects preventing impairments
and degradation of lakes, rivers, streams,
and groundwater according to Minnesota
Statutes, section 114D.20, subdivision 2,
clause (4).
$289,000 the first year and $289,000 the
second year are from the environmental
fund for community technical assistance and
education, including grants and technical
assistance to communities for local and
basinwide water quality protection.
$375,000 the first year and $375,000 the
second year are from the environmental
fund for subsurface sewage treatment system
(SSTS) administration and grants. Of this
amount, $80,000 each year is for assistance
to counties through grants for SSTS program
administration. Any unexpended balance in
the first year does not cancel but is available
in the second year.
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2013, as grants or contracts
for SSTS's, surface water and groundwater
assessments, total maximum daily loads,
storm water, and local basinwide water
quality protection in this subdivision are
available until June 30, 2016.

Subd. 3.Air

12,297,000

12,466,000

Appropriations by Fund
	2012	2013
Environmental	12,297,000	12,466,000

$200,000 the first year and $200,000 the
second year are from the environmental fund
for a monitoring program under Minnesota
Statutes, section 116.454.
Up to $150,000 the first year and $150,000
the second year may be transferred from the
environmental fund to the small business
environmental improvement loan account
established in Minnesota Statutes, section
116.993.
$125,000 the first year and $125,000 the
second year are from the environmental fund
for monitoring ambient air for hazardous
pollutants in the metropolitan area.

Subd. 4.Land

17,680,000

Appropriations by Fund
	2012	2013
Environmental	6,916,000	6,916,000
Remediation	10,496,000	10,496,000
General	268,000	268,000

All money for environmental response,
compensation, and compliance in the
remediation fund not otherwise appropriated
is appropriated to the commissioners of the
Pollution Control Agency and agriculture
for purposes of Minnesota Statutes, section
115B.20, subdivision 2, clauses (1), (2),
(3), (6), and (7). At the beginning of each
fiscal year, the two commissioners shall
jointly submit an annual spending plan
to the commissioner of management and
budget that maximizes the utilization of
resources and appropriately allocates the
money between the two departments. This
appropriation is available until June 30, 2013.
$3,616,000 the first year and $3,616,000 the
second year are from the petroleum tank fund
to be transferred to the remediation fund for
purposes of the leaking underground storage
tank program to protect the land.
$252,000 the first year and $252,000 the
second year are from the remediation fund
for transfer to the commissioner of health for
private water supply monitoring and health
assessment costs in areas contaminated
by unpermitted mixed municipal solid
waste disposal facilities and drinking water
advisories and public information activities
for areas contaminated by hazardous releases.
$268,000 the first year and $268,000 the
second year are for transfer to the Department
of Health to complete the environmental
health tracking and biomonitoring analysis
related to perfluorochemicals and mercury
monitoring in Lake Superior and disseminate
the results. This is a onetime appropriation.

Subd. 5.Environmental Assistance and
Cross-Media

25,824,000

Appropriations by Fund
	2012	2013
Environmental	25,135,000	25,135,000
General	689,000	689,000

$14,250,000 the first year and $14,250,000
the second year are from the environmental
fund for SCORE block grants to counties.
$119,000 the first year and $119,000 the
second year are from the environmental
fund for environmental assistance grants
or loans under Minnesota Statutes, section
115A.0716. Any unencumbered grant and
loan balances in the first year do not cancel
but are available for grants and loans in the
second year.
$89,000 the first year and $89,000 the
second year are from the environmental fund
for duties related to harmful chemicals in
products under Minnesota Statutes, section
116.9401 to 116.9407. Of this amount,
$57,000 each year is transferred to the
commissioner of health.
$315,000 the first year and $315,000 the
second year are from the environmental fund
for the electronics waste program under
Minnesota Statutes, sections 115A.1310 to
115A.1330.
$350,000 the first year and $350,000 the
second year are from the environmental
fund for the costs of implementing general
operating permits for feedlots over 1,000
animal units. Of this amount, $150,000 each
year is a onetime appropriation.
All money deposited in the environmental
fund for the metropolitan solid waste
landfill fee in accordance with Minnesota
Statutes, section 473.843, and not otherwise
appropriated, is appropriated for the purposes
of Minnesota Statutes, section 473.844.
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on
or before June 30, 2013, as contracts or
grants for surface water and groundwater
assessments; environmental assistance
awarded under Minnesota Statutes, section
115A.0716; technical and research assistance
under Minnesota Statutes, section 115A.152;
technical assistance under Minnesota
Statutes, section 115A.52; and pollution
prevention assistance under Minnesota
Statutes, section 115D.04, are available until
June 30, 2015.

Subd. 6.Administrative Support

375,000

Subd. 7.Remediation Fund

The commissioner shall transfer up to
$42,000,000 from the environmental fund to
the remediation fund for the purposes of the
remediation fund under Minnesota Statutes,
section 116.155, subdivision 2.

Sec. 4. NATURAL RESOURCES

Subdivision 1.Total Appropriation

225,289,000

224,971,000

Appropriations by Fund
	2012	2013
General	51,342,000	51,337,000
Natural Resources	84,055,000	84,439,000
Game and Fish	89,592,000	88,895,000
Remediation	100,000	100,000
Permanent School	200,000	200,000

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

Subd. 2.Land and Mineral Resources
Management

7,772,000

Appropriations by Fund
	2012	2013
General	2,711,000	2,711,000
Natural Resources	3,459,000	3,459,000
Game and Fish	1,402,000	1,402,000
Permanent School	200,000	200,000

$2,696,000 the first year and $2,696,000
the second year are from the minerals
management account in the natural resources
fund for use as provided in Minnesota
Statutes, section 93.2236, paragraph (c),
for mineral resource management, projects
to enhance future mineral income, and
projects to promote new mineral resource
opportunities.
$68,000 the first year and $68,000 the
second year are for minerals cooperative
environmental research, of which $34,000
the first year and $34,000 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.
$251,000 the first year and $251,000 the
second year are for iron ore cooperative
research. Of this amount, $200,000 each year
is from the minerals management account
in the natural resources fund. $175,000 the
first year and $175,000 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The match
may be cash or in-kind. Any unencumbered
balance from the first year does not cancel
and is available in the second year.
$630,000 the first year and $630,000 the
second year are from the dedicated receipts
account in the natural resources fund to cover
the costs associated with issuing licenses for
land and water crossings and road easements.
$200,000 the first year and $200,000 the
second year are from the state forest suspense
account in the permanent school fund to
accelerate land exchanges, land sales, and
commercial leasing of school trust lands and
to identify, evaluate, and lease construction
aggregate located on school trust lands. This
appropriation is to be used for securing
maximum long-term economic return
from the school trust lands consistent with
fiduciary responsibilities and sound natural
resources conservation and management
principles.
The appropriations in Laws 2007, chapter
57, article 1, section 4, subdivision 2, as
amended by Laws 2009, chapter 37, article
1, section 60, for support of the land records
management system are available until June
30, 2013.

Subd. 3.Ecological and Water Resources

24,158,000

Appropriations by Fund
	2012	2013
General	9,179,000	9,179,000
Natural Resources	10,280,000	10,280,000
Game and Fish	4,699,000	4,699,000

$2,742,000 the first year and $2,742,000 the
second year are from the invasive species
account in the natural resources fund and
$1,674,000 the first year and $1,674,000 the
second year are from the general fund for
management, public awareness, assessment
and monitoring research, law enforcement,
and water access inspection to prevent the
spread of invasive species; management
of invasive plants in public waters; and
management of terrestrial invasive species
on state-administered lands.
$5,000,000 the first year, and $5,000,000 the
second year are from the water management
account in the natural resources fund for only
the purposes specified in Minnesota Statutes,
section 103G.27, subdivision 2.
$264,000 the first year and $264,000 the
second year are for grants for up to 50
percent of the cost of implementation of
the Red River mediation agreement. The
commissioner shall submit a report to the
chairs of the legislative committees having
primary jurisdiction over environment and
natural resources policy and finance on the
accomplishments achieved with the grants
by January 15, 2014.
$1,636,000 the first year and $1,636,000
the second year are from the heritage
enhancement account in the game and
fish fund for only the purposes specified
in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
$1,223,000 the first year and $1,223,000 the
second year are from the nongame wildlife
management account in the natural resources
fund for the purpose of nongame wildlife
management. Notwithstanding Minnesota
Statutes, section 290.431, $100,000 the first
year and $100,000 the second year may
be used for nongame wildlife information,
education, and promotion.
$1,000,000 the first year and $1,000,000 the
second year from the heritage enhancement
account in the game and fish fund is for law
enforcement and water access inspection
to prevent the spread of aquatic invasive
species. This is a onetime appropriation.
$53,000 the first year and $53,000 the
second year are for a grant to the Mississippi
Headwaters Board for up to 50 percent of
the cost of implementing the comprehensive
plan for the upper Mississippi within areas
under the board's jurisdiction.
$5,000 the first year and $5,000 the second
year are for payment to the Leech Lake Band
of Chippewa Indians to implement the band's
portion of the comprehensive plan for the
upper Mississippi.

Subd. 4.Forest Management

33,887,000

Appropriations by Fund
	2012	2013
General	19,030,000	19,030,000
Natural Resources	13,593,000	13,593,000
Game and Fish	1,264,000	1,264,000

$7,145,000 the first year and $7,145,000
the second year are for prevention,
presuppression, and suppression costs of
emergency firefighting and other costs
incurred under Minnesota Statutes, section
88.12. The amount necessary to pay for
presuppression and suppression costs during
the biennium is appropriated from the general
fund.
By January 15 of each year, the commissioner
of natural resources shall submit a report to
the chairs and ranking minority members
of the house and senate committees
and divisions having jurisdiction over
environment and natural resources finance,
identifying all firefighting costs incurred
and reimbursements received in the prior
fiscal year. These appropriations may
not be transferred. Any reimbursement
of firefighting expenditures made to the
commissioner from any source other than
federal mobilizations shall be deposited into
the general fund.
$13,593,000 the first year and $13,593,000
the second year are from the forest
management investment account in the
natural resources fund for only the purposes
specified in Minnesota Statutes, section
89.039, subdivision 2.
$580,000 the first year and $580,000 the
second year are for the Forest Resources
Council for implementation of the
Sustainable Forest Resources Act.
$250,000 in the first year and $250,000 in the
second year are for the FORIST system.
$1,000,000 the first year and $1,000,000
the second year are from the heritage
enhancement account in the game and fish
fund to maintain and expand the ecological
classification system program. This is a
onetime appropriation.

Subd. 5.Parks and Trails Management

64,795,000

64,465,000

Appropriations by Fund
	2012	2013
General	17,126,000	17,121,000
Natural Resources	45,475,000	45,150,000
Game and Fish	2,194,000	2,194,000

$1,075,000 the first year and $1,075,000 the
second year are from the water recreation
account in the natural resources fund for
enhancing public water access facilities.
The appropriation in Laws 2003, chapter
128, article 1, section 5, subdivision 6, from
the water recreation account in the natural
resources fund for a cooperative project with
the United States Army Corps of Engineers
to develop the Mississippi Whitewater Park
is available until June 30, 2013. The project
must be designed to prevent the spread of
aquatic invasive species.
$5,731,000 the first year and $5,731,000 the
second year are from the natural resources
fund for state trail, park, and recreation area
operations. This appropriation is from the
revenue deposited in the natural resources
fund under Minnesota Statutes, section
297A.94, paragraph (e), clause (2).
$8,424,000 the first year and $8,424,000
the second year are from the snowmobile
trails and enforcement account in the
natural resources fund for the snowmobile
grants-in-aid program. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
$1,360,000 the first year and $1,360,000
the second year are from the natural
resources fund for the off-highway vehicle
grants-in-aid program. Of this amount,
$1,110,000 each year is from the all-terrain
vehicle account; $150,000 each year is from
the off-highway motorcycle account; and
$100,000 each year is from the off-road
vehicle account. Any unencumbered balance
does not cancel at the end of the first year
and is available for the second year.
$805,000 the first year and $805,000 the
second year are from the natural resources
fund for trail grants to local units of
government on land to be maintained for at
least 20 years for the purposes of the grants.
This appropriation is from the revenue
deposited in the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (4).
$200,000 the first year from the off-highway
vehicle damage account in the natural
resources fund is for the all-terrain vehicle
grants-in-aid program.
$100,000 the first year is from the all-terrain
vehicle account in the natural resources fund
for a pass-through grant to Lake County for
completion of the Lake County Regional
All-Terrain Vehicle Trail. This is a onetime
appropriation and is available until spent.
$400,000 each year is from the all-terrain
vehicle account in the natural resources
fund. Of this amount, $100,000 the first
year and $100,000 the second year are for
the all-terrain vehicle grant-in-aid trails
program. $200,000 the first year and
$200,000 the second year are for the creation
and development of all-terrain vehicle
trails. $100,000 each year is to provide
downloadable trail maps on the Internet and
is a onetime appropriation. By January 1,
2013, the commissioner shall submit a report
to the chairs and ranking minority members
of the legislative committees and divisions
with jurisdiction over natural resources
policy and finance. The report must indicate
where and how many miles of new all-terrain
vehicle trails were created and designated
with appropriations under this paragraph.

Subd. 6.Fish and Wildlife Management

60,761,000

60,161,000

Appropriations by Fund
	2012	2013
General	199,000	199,000
Natural Resources	1,899,000	1,899,000
Game and Fish	58,663,000	58,063,000

$100,000 the first year and $100,000 the
second year are from the nongame wildlife
account in the natural resources fund for gray
wolf research.
$120,000 the first year and $120,000 the
second year are from the game and fish fund
for gray wolf management.
$8,167,000 the first year and $8,167,000
the second year are from the heritage
enhancement account in the game and
fish fund only for activities specified in
Minnesota Statutes, section 297A.94,
paragraph (e), clause (1). Notwithstanding
Minnesota Statutes, section 297A.94, five
percent of this appropriation may be used for
expanding hunter and angler recruitment and
retention.
Notwithstanding Minnesota Statutes, section
84.943, $13,000 the first year and $13,000
the second year from the critical habitat
private sector matching account may be used
to publicize the critical habitat license plate
match program.
$199,000 the first year and $199,000 the
second year are for preserving, restoring, and
enhancing grassland and wetland complexes
on public or private lands.
$600,000 the first year is from the game and
fish fund for land acquisition.
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered
under contract on or before June 30, 2013, for
aquatic restoration grants and wildlife habitat
grants are available until June 30, 2014.

Subd. 7.Enforcement

31,613,000

32,225,000

Appropriations by Fund
	2012	2013
General	2,216,000	2,216,000
Natural Resources	8,868,000	9,577,000
Game and Fish	20,429,000	20,332,000
Remediation	100,000	100,000

$1,204,000 the first year and $1,307,000
the second year are from the heritage
enhancement account in the game and
fish fund for only the purposes specified
in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
$240,000 the first year and $143,000
the second year are from the heritage
enhancement account in the game and fish
fund for a conservation officer academy.
$315,000 the first year and $315,000 the
second year are from the snowmobile
trails and enforcement account in the
natural resources fund for grants to local
law enforcement agencies for snowmobile
enforcement activities. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
$250,000 the first year and $250,000 the
second year are from the all-terrain vehicle
account for grants to qualifying organizations
to assist in safety and environmental
education and monitoring trails on public
lands under Minnesota Statutes, section
84.9011. Grants issued under this paragraph:
(1) must be issued through a formal
agreement with the organization; and (2)
must not be used as a substitute for traditional
spending by the organization. By December
15 each year, an organization receiving a
grant under this paragraph shall report to the
commissioner with details on expenditures
and outcomes from the grant. By January
15, 2013, the commissioner shall report on
the expenditures and outcomes of the grants
to the chairs and ranking minority members
of the legislative committees and divisions
having jurisdiction over natural resources
policy and finance. Of this appropriation,
$25,000 each year is for administration of
these grants. Any unencumbered balance
does not cancel at the end of the first year
and is available for the second year.
$510,000 the first year and $510,000
the second year are from the natural
resources fund for grants to county law
enforcement agencies for off-highway
vehicle enforcement and public education
activities based on off-highway vehicle use
in the county. Of this amount, $498,000 each
year is from the all-terrain vehicle account;
$11,000 each year is from the off-highway
motorcycle account; and $1,000 each year
is from the off-road vehicle account. The
county enforcement agencies may use
money received under this appropriation
to make grants to other local enforcement
agencies within the county that have a high
concentration of off-highway vehicle use.
Of this appropriation, $25,000 each year
is for administration of these grants. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
$1,082,000 the first year and $1,082,000 the
second year are from the water recreation
account in the natural resources fund for
grants to counties for boat and water safety.
Any unencumbered balance does not cancel
at the end of the first year and is available for
the second year.

Subd. 8.Operations Support

2,303,000

Appropriations by Fund
	2012	2013
General	881,000	881,000
Natural Resources	481,000	481,000
Game and Fish	941,000	941,000

$320,000 the first year and $320,000 the
second year are from the natural resources
fund for grants to be divided equally between
the city of St. Paul for the Como Park Zoo
and Conservatory and the city of Duluth
for the Duluth Zoo. This appropriation
is from the revenue deposited to the fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (5).

Sec. 5. BOARD OF WATER AND SOIL
RESOURCES

12,562,000

$3,423,000 the first year and $3,423,000 the
second year are for natural resources block
grants to local governments. The board may
reduce the amount of the natural resources
block grant to a county by an amount equal to
any reduction in the county's general services
allocation to a soil and water conservation
district from the county's previous year
allocation when the board determines that
the reduction was disproportionate. Grants
must be matched with a combination of local
cash or in-kind contributions. The base
grant portion related to water planning must
be matched by an amount as specified by
Minnesota Statutes, section 103B.3369.
$3,116,000 the first year and $3,116,000
the second year are for grants requested
by soil and water conservation districts for
general purposes, nonpoint engineering, and
implementation of the reinvest in Minnesota
reserve program. Upon approval of the
board, expenditures may be made from these
appropriations for supplies and services
benefiting soil and water conservation
districts. Any district requesting a grant
under this paragraph shall maintain a Web
page that publishes, at a minimum, its annual
plan, annual report, annual audit, annual
budget, including membership dues, and
meeting notices and minutes.
$1,560,000 the first year and $1,560,000
the second year are for grants to soil and
water conservation districts for cost-sharing
contracts for erosion control, water quality
management, feedlot water quality projects.
$386,000 the first year and $386,000 the
second year are for implementation and
enforcement of the Wetland Conservation
Act.
$166,000 the first year and $166,000 the
second year are to provide assistance to local
drainage management officials and for the
costs of the Drainage Work Group.
$100,000 the first year and $100,000
the second year are for a grant to the
Red River Basin Commission for water
quality and floodplain management,
including administration of programs. If the
appropriation in either year is insufficient, the
appropriation in the other year is available
for it.
$120,000 the first year and $120,000
the second year are for grants to Area
II Minnesota River Basin Projects for
floodplain management.
$42,000 each year is to the Minnesota River
Board for operating expenses to measure and
report the results of projects in the 12 major
watersheds within the Minnesota River basin.
Notwithstanding Minnesota Statutes, section
103C.501, the board may shift cost-share
funds in this section and may adjust the
technical and administrative assistance
portion of the grant funds to leverage
federal or other nonstate funds or to address
high-priority needs identified in local water
management plans.
The appropriations for grants in this
section are available until expended. If an
appropriation for grants in either year is
insufficient, the appropriation in the other
year is available for it.

Sec. 6. METROPOLITAN COUNCIL

8,540,000

Appropriations by Fund
	2012	2013
General	2,870,000	2,870,000
Natural Resources	5,670,000	5,670,000

$2,870,000 the first year and $2,870,000
the second year are for metropolitan area
regional parks operation and maintenance
according to Minnesota Statutes, section
473.351.
$5,670,000 the first year and $5,670,000 the
second year are from the natural resources
fund for metropolitan area regional parks
and trails maintenance and operations. This
appropriation is from the revenue deposited
in the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e),
clause (3).

Sec. 7. CONSERVATION CORPS
MINNESOTA

846,000

746,000

Appropriations by Fund
	2012	2013
General	356,000	256,000
Natural Resources	490,000	490,000

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

Sec. 8. ZOOLOGICAL BOARD

5,591,000

Appropriations by Fund
	2012	2013
General	5,431,000	5,431,000
Natural Resources	160,000	160,000

$160,000 the first year and $160,000 the
second year are from the natural resources
fund from the revenue deposited under
Minnesota Statutes, section 297A.94,
paragraph (e), clause (5).

Sec. 9. EFFECTIVE DATE; RELATIONSHIP TO OTHER APPROPRIATIONS.
Unless otherwise specified, this article is effective retroactively from July 1, 2011,
and supersedes and replaces funding authorized by order of the Second Judicial District
Court in Case No. 62-CV-11-5203.

ARTICLE 2

ENERGY, COMMERCE, AND CONSUMER PROTECTION FINANCE

Section 1. SUMMARY OF APPROPRIATIONS.

The amounts shown in this section summarize direct appropriations, by fund, made
in this article.

		2012		2013		Total
General	$	27,893,000	$	27,901,000	$	55,794,000
Petroleum Tank Cleanup		1,052,000		1,052,000		2,104,000
Workers' Compensation		751,000		751,000		1,502,000
Total	$	29,696,000	$	29,704,000	$	59,400,000

Sec. 2. ENERGY FINANCE APPROPRIATIONS.

APPROPRIATIONS
Available for the Year
Ending June 30
	2012	2013

Sec. 3. DEPARTMENT OF COMMERCE

Subdivision 1.Total Appropriation

23,514,000

23,522,000

Appropriations by Fund
	2012	2013
General	21,711,000	21,719,000
Petroleum Cleanup	1,052,000	1,052,000
Workers' Compensation	751,000	751,000

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

Subd. 2.Financial Institutions

7,124,000

7,128,000

$138,000 the first year and $142,000
the second year are for the regulation of
mortgage originators and servicers under
Minnesota Statutes, chapters 58 and 58A.
$350,000 each year is for additional financial
examination services. The commissioner
may issue contracts for these services.

Subd. 3.Petroleum Tank Release Cleanup
Board

1,052,000

This appropriation is from the petroleum
tank release cleanup fund.

Subd. 4.Administrative Services

4,247,000

$375,000 each year is for additional
compliance efforts with unclaimed property.
The commissioner may issue contracts
for these services. This additional amount
shall be added to the base budget for fiscal
years 2014 and 2015 only. The enhanced
unclaimed property compliance program
shall sunset June 30, 2015.

Subd. 5.Telecommunications

1,010,000

Subd. 6.Market Assurance

6,915,000

6,919,000

Appropriations by Fund
	2012	2013
General	6,164,000	6,168,000
Workers' Compensation	751,000	751,000

Subd. 7.Energy Resources

3,166,000

Sec. 4. TELECOMMUNICATIONS ACCESS
MINNESOTA TRANSFERS

(a) The transfers in this section are from the
telecommunications access Minnesota fund.
(b) $300,000 the first year and $300,000
the second year and each year thereafter
are for transfer to the commissioner of
human services to supplement the ongoing
operational expenses of the Commission
of Deaf, DeafBlind, and Hard-of-Hearing
Minnesotans.
(c) In addition to the appropriations and
transfers authorized in Minnesota Statutes,
section 237.52, $400,000 the first year
and $400,000 the second year are onetime
transfers for the following purposes:
(1) $230,000 each year is to the Office of
Enterprise Technology for coordinating
technology accessibility and usability;
(2) $20,000 each year is to the Commission
of Deaf, DeafBlind, and Hard-of-Hearing
Minnesotans to provide information on their
Web site in American Sign Language and to
provide technical assistance to state agencies;
and
(3) $150,000 each year is to the Legislative
Coordinating Commission to provide
captioning of live streaming of legislative
activity on the commission's Web site and
for a consolidated access fund for other state
agencies.
(d) These transfers are subject to Minnesota
Statutes, sections 16A.28 and 16A.281.

Sec. 5. PUBLIC UTILITIES COMMISSION

6,182,000

Sec. 6. TRANSFERS

(a) By June 30, 2013, the commissioner
of management and budget shall transfer
$3,400,000 from the special revenue fund to
the general fund. The transfers must be from
the following appropriation reductions and
accounts with the special revenue fund:
(1) $1,100,000 is from the
telecommunications access Minnesota
fund established in Minnesota Statutes,
section 237.52;
(2) $1,300,000 is from the energy and
conservation account established in
Minnesota Statutes, section 216B.241; and
(3) the commissioner of management and
budget shall transfer $500,000 the first year
and $500,000 the second year to the general
fund from the telephone assistance program
established in Minnesota Statutes, section
237.69.

Sec. 7. TRANSFER; ASSIGNED RISK PLAN

By June 30, 2012, the commissioner of
management and budget shall transfer
$13,742,000 in assets of the workers'
compensation assigned risk plan created
under Minnesota Statutes, section 79.252, to
the general fund.

Sec. 8. TRANSFERS IN

(a) The remaining balance in the second year
of the appropriation in Laws 2007, chapter
57, article 2, section 3, subdivision 6, for
biogas recovery facilities, estimated to be
$420,000, is canceled to the general fund.
(b) The remaining balance of the
appropriation in Laws 2007, chapter 57,
article 2, section 3, subdivision 6, clause
(7), as amended by Laws 2008, chapter 340,
section 5, for the Greenhouse Gas Advisory
Group, estimated to be $7,000, is canceled to
the general fund.
(c) In the first year, the remaining balance of
the appropriation in Laws 2007, chapter 57,
article 2, section 3, subdivision 6, clause (5),
for the hydrogen roadmap project, estimated
to be $280,000, is canceled to the general
fund.
(d) The remaining balance of the
appropriation in Laws 2008, chapter 363,
article 6, section 3, subdivision 4, for
renewable grants, estimated to be $368,000,
is canceled to the general fund.
(e) The remaining balance of the
appropriation in Laws 2008, chapter 363,
article 6, section 3, subdivision 4, for the
green economy projects, estimated to be
$59,000, is canceled to the general fund.
(f) The remaining balance of the
appropriation in Laws 2007, chapter 57,
article 2, section 3, subdivision 6, clause
(4), for automotive technology projects,
estimated to be $22,000, is canceled to the
general fund.
(g) The remaining balance of the
appropriation in Laws 2009, chapter 37,
article 2, section 13, paragraph (b), clauses
(1) and (2), for renewable energy and energy
efficiency projects, estimated to be $600,000,
is canceled to the general fund.

    Sec. 9. CANCELLATION.
By August 30, 2011, the commissioner of management and budget shall cancel
the remaining balance of the appropriation in Laws 2007, chapter 57, article 2, section
3, subdivision 6, for a grant to the St. Paul Port Authority, estimated to be $700,000,
to the general fund.

    Sec. 10. COMMUNITY ENERGY ACTIVITIES; ASSESSMENT AND GRANT.
The commissioner of commerce shall grant $500,000 in the fiscal year ending June
30, 2012, from assessments made under Minnesota Statutes, section 216B.241, subdivision
1e, for the purpose of community energy technical assistance and outreach on renewable
energy and energy efficiency as described in Minnesota Statutes, section 216C.385.

    Sec. 11. EFFECTIVE DATE; RELATIONSHIP TO OTHER APPROPRIATIONS.
Unless otherwise specified, this article is effective retroactively from July 1, 2011,
and supersedes and replaces funding authorized by order of the Second Judicial District
Court in Case No. 62-CV-11-5203.

ARTICLE 3

ENVIRONMENT AND NATURAL RESOURCE TRUST
FUND APPROPRIATIONS

Section 1. MINNESOTA RESOURCES APPROPRIATIONS.

The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
environment and natural resources trust fund, or another named fund, and are available for
the fiscal years indicated for each purpose. The figures "2012" and "2013" used in this
article mean that the appropriations listed under them are available for the fiscal year
ending June 30, 2012, or June 30, 2013, respectively. "The first year" is fiscal year 2012.
"The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. The
appropriations in this article are onetime.

APPROPRIATIONS
Available for the Year
Ending June 30
	2012	2013

Sec. 2. MINNESOTA RESOURCES

Subdivision 1.Total Appropriation

26,078,000

25,328,000

Appropriations by Fund
	2012	2013
Environment and natural resources trust fund	25,328,000	25,328,000
State land and water conservation account (LAWCON)	750,000	-0-

Appropriations are available for two
years beginning July 1, 2011, unless
otherwise stated in the appropriation. Any
unencumbered balance remaining in the first
year does not cancel and is available for the
second year.

Subd. 2.Definitions

(a) "Trust fund" means the Minnesota
environment and natural resources trust fund
referred to in Minnesota Statutes, section
116P.02, subdivision 6.
(b) "State land and water conservation
account (LAWCON)" means the state land
and water conservation account in the natural
resources fund referred to in Minnesota
Statutes, section 116P.14.

Subd. 3.Natural Resource Data and
Information

4,387,000

5,388,000

(a) Minnesota County Biological Survey
$1,125,000 the first year and $1,125,000
the second year are from the trust fund
to the commissioner of natural resources
for continuation of the Minnesota county
biological survey to provide a foundation
for conserving biological diversity by
systematically collecting, interpreting,
and delivering data on plant and animal
distribution and ecology, native plant
communities, and functional landscapes.
(b) County Geologic Atlases for
Sustainable Water Management
$900,000 the first year and $900,000 the
second year are from the trust fund to
accelerate the production of county geologic
atlases to provide information essential to
sustainable management of ground water
resources by defining aquifer boundaries
and the connection of aquifers to the land
surface and surface water resources. Of
this appropriation, $600,000 each year is
to the Board of Regents of the University
of Minnesota for the Geologic Survey and
$300,000 each year is to the commissioner
of natural resources. This appropriation
is available until June 30, 2015, by which
time the project must be completed and final
products delivered.
(c) Completion of Statewide Digital Soil
Survey
$250,000 the first year and $250,000 the
second year are from the trust fund to
the Board of Water and Soil Resources
to accelerate the completion of county
soil survey mapping and Web-based data
delivery. The soil surveys must be done on a
cost-share basis with local and federal funds.
(d) Updating National Wetlands Inventory
for Minnesota - Phase III
$1,500,000 the second year is from the trust
fund to the commissioner of natural resources
to continue the update of wetland inventory
maps for Minnesota. This appropriation
is available until June 30, 2015, by which
time the project must be completed and final
products delivered.
(e) Golden Eagle Survey
$30,000 the first year and $30,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with the National Eagle Center to
increase the understanding of golden eagles
in Minnesota through surveys and education.
This appropriation is available until June
30, 2014, by which time the project must be
completed and final products delivered.
(f) Determining Causes of Mortality in
Moose Populations
$300,000 the first year and $300,000 the
second year are from the trust fund to
the commissioner of natural resources to
determine specific causes of moose mortality
and population decline in Minnesota and
to develop specific management actions to
prevent further population decline. This
appropriation is available until June 30,
2015, by which time the project must be
completed and final products delivered.
(g) Prairie Management for Wildlife and
Bioenergy - Phase II
$300,000 the first year and $300,000 the
second year are from the trust fund to the
Board of Regents of the University of
Minnesota to research and evaluate methods
of managing diverse working prairies for
wildlife and renewable bioenergy production.
This appropriation is available until June
30, 2014, by which time the project must be
completed and final products delivered.
(h) Evaluation of Biomass Harvesting
Impacts on Minnesota's Forests
$175,000 the first year and $175,000 the
second year are from the trust fund to the
Board of Regents of the University of
Minnesota to assess the impacts biomass
harvests for energy have on soil nutrients,
native forest vegetation, invasive species
spread, and long-term tree productivity within
Minnesota's forests. This appropriation is
available until June 30, 2014, by which time
the project must be completed and final
products delivered.
(i) Change and Resilience in Boreal Forests
in Northern Minnesota
$75,000 the first year and $75,000 the second
year are from the trust fund to the Board
of Regents of the University of Minnesota
to assess the potential response of northern
Minnesota's boreal forests to observed and
predicted changes in climate conditions and
develop related management guidelines and
adaptation strategies. This appropriation
is available until June 30, 2014, by which
time the project must be completed and final
products delivered.
(j) Information System for Wildlife and
Aquatic Management Areas
$250,000 the first year and $250,000 the
second year are from the trust fund to the
commissioner of natural resources to develop
an information system to facilitate improved
management of wildlife and fish habitat and
facilities. This appropriation is available
until June 30, 2014, by which time the
project must be completed and final products
delivered.
(k) Strengthening Natural Resource
Management with LiDAR Training
$90,000 the first year and $90,000 the second
year are from the trust fund to the Board of
Regents of the University of Minnesota to
provide workshops and Web-based training
and information on the use of LiDAR
elevation data in planning for and managing
natural resources.
(l) Measuring Conservation Practice
Outcomes
$170,000 the first year and $170,000 the
second year are from the trust fund to
the Board of Water and Soil Resources
to improve measurement of impacts of
conservation practices through refinement
of existing and development of new
pollution estimators and by providing local
government training.
(m) Conservation-Based Approach for
Assessing Public Drainage Benefits
$75,000 the first year and $75,000 the second
year are from the trust fund to the Board
of Water and Soil Resources to develop an
alternative framework to assess drainage
benefits on public systems to enhance water
conservation. This appropriation is available
until June 30, 2014, by which time the
project must be completed and final products
delivered.
(n) Mississippi River Central Minnesota
Conservation Planning
$87,000 the first year and $88,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with Stearns County Soil and
Water Conservation District to develop
and adopt river protection strategies in
cooperation with local jurisdictions in
the communities of the 26 miles of the
Mississippi River between Benton and
Stearns Counties. This appropriation must
be matched by $175,000 of nonstate cash or
qualifying in-kind funds.
(o) St. Croix Basin Conservation Planning
and Protection
$60,000 the first year and $60,000 the
second year are from the trust fund to
the commissioner of natural resources for
an agreement with the St. Croix River
Association to develop an interagency plan
to identify and prioritize critical areas for
project implementation to improve watershed
health. This appropriation must be matched
by $120,000 of nonstate cash or qualifying
in-kind funds. Up to $10,000 may be retained
by the Department of Natural Resources at
the request of the St. Croix River Association
to provide technical and mapping assistance.
This appropriation is available until June
30, 2014, by which time the project must be
completed and final products delivered.
(p) Species of Concern; Investigations
$500,000 the first year is from the trust fund
to the commissioner of natural resources for
investigating species of concern.

Subd. 4.Land, Habitat, and Recreation

14,629,000

13,755,000

Summary by Fund
Environment and natural resources trust fund	13,879,000	13,755,000
State land and water conservation account (LAWCON)	750,000	-0-

(a) State Park and Recreation Area
Operations and Improvements
$1,877,000 the first year and $1,750,000
the second year are from the trust fund to
the commissioner of natural resources for
state park and recreation area operations
and improvements, including activities
directly related to and necessary for this
appropriation. This appropriation is not
subject to Minnesota Statutes, sections
116P.05, subdivision 2, paragraph (b), and
116P.09, subdivision 4.
(b) State Parks and Trails Land
Acquisition
$1,500,000 the first year and $1,500,000 the
second year are from the trust fund to the
commissioner of natural resources to acquire
state trails and critical parcels within the
statutory boundaries of state parks. State
park land acquired with this appropriation
must be sufficiently improved to meet at
least minimum management standards, as
determined by the commissioner of natural
resources. A list of proposed acquisitions
must be provided as part of the required work
program. This appropriation is available
until June 30, 2014, by which time the
project must be completed and final products
delivered.
(c) Metropolitan Regional Park System
Acquisition
$1,125,000 the first year and $1,125,000
the second year are from the trust fund to
the Metropolitan Council for grants for the
acquisition of lands within the approved park
unit boundaries of the metropolitan regional
park system. This appropriation may not
be used for the purchase of residential
structures. A list of proposed fee title and
easement acquisitions must be provided as
part of the required work program. This
appropriation must be matched by at least
40 percent of nonstate money and must be
committed by December 31, 2011, or the
appropriation cancels. This appropriation
is available until June 30, 2014, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.
(d) Regional Park, Trail, and Connection
Acquisition and Development Grants
$1,000,000 the first year and $1,000,000 the
second year are from the trust fund to the
commissioner of natural resources to provide
matching grants to local units of government
for acquisition and development of regional
parks, regional trails, and trail connections.
The local match required for a grant to
acquire a regional park or regional outdoor
recreation area is two dollars of nonstate
money for each three dollars of state money.
This appropriation is available until June
30, 2014, by which time the project must be
completed and final products delivered.
(e) Scientific and Natural Area Acquisition
and Restoration
$820,000 the first year and $820,000 the
second year are from the trust fund to
the commissioner of natural resources
to acquire lands with high-quality native
plant communities and rare features to be
established as scientific and natural areas
as provided in Minnesota Statutes, section
86A.05, subdivision 5, restore parts of
scientific and natural areas, and provide
technical assistance and outreach. A list
of proposed acquisitions must be provided
as part of the required work program.
Land acquired with this appropriation
must be sufficiently improved to meet at
least minimum management standards, as
determined by the commissioner of natural
resources. This appropriation is available
until June 30, 2014, by which time the
project must be completed and final products
delivered.
(f) LaSalle Lake State Recreation Area
Acquisition
$1,000,000 the first year and $1,000,000
the second year are from the trust fund to
the commissioner of natural resources for
an agreement with The Trust for Public
Land to acquire approximately 190 acres
to be designated as a state recreation area
as provided in Minnesota Statutes, section
86A.05, subdivision 3, on LaSalle Lake
adjacent to the upper Mississippi River. If
this acquisition is not completed by July
15, 2012, then the appropriation is available
to the Department of Natural Resources
for other state park and recreation area
acquisitions on the priority list. Up to
$10,000 may be retained by the Department
of Natural Resources at the request of
The Trust for Public Land for transaction
costs, associated professional services, and
restoration needs.
(g) Minnesota River Valley Green
Corridor Scientific and Natural Area
Acquisition
$1,000,000 the first year and $1,000,000
the second year are from the trust fund
to the commissioner of natural resources
for an agreement with the Redwood Area
Communities Foundation to acquire lands
with high-quality native plant communities
and rare features to be established as scientific
and natural areas as provided in Minnesota
Statutes, section 86A.05, subdivision 5. A list
of proposed acquisitions must be provided
as part of the required work program.
Land acquired with this appropriation
must be sufficiently improved to meet at
least minimum management standards, as
determined by the commissioner of natural
resources. Up to $54,000 may be retained by
the Department of Natural Resources at the
request of the Redwood Area Communities
Foundation for transaction costs, associated
professional services, and restoration needs.
This appropriation is available until June
30, 2014, by which time the project must be
completed and final products delivered.
(h) Native Prairie Stewardship and Native
Prairie Bank Acquisition
$500,000 the first year and $500,000 the
second year are from the trust fund to the
commissioner of natural resources to acquire
native prairie bank easements, prepare
baseline property assessments, restore and
enhance native prairie sites, and provide
technical assistance to landowners. This
appropriation is available until June 30,
2014, by which time the project must be
completed and final products delivered.
(i) Metropolitan Conservation Corridors
(MeCC) - Phase VI
$1,737,000 the first year and $1,738,000
the second year are from the trust fund
to the commissioner of natural resources
for the acceleration of agency programs
and cooperative agreements. Of this
appropriation, $150,000 the first year
and $150,000 the second year are to the
commissioner of natural resources for
agency programs and $3,175,000 is for the
agreements as follows: $100,000 the first
year and $100,000 the second year with
Friends of the Mississippi River; $517,000
the first year and $518,000 the second year
with Dakota County; $200,000 the first year
and $200,000 the second year with Great
River Greening; $220,000 the first year and
$220,000 the second year with Minnesota
Land Trust; $300,000 the first year and
$300,000 the second year with Minnesota
Valley National Wildlife Refuge Trust, Inc.;
and $250,000 the first year and $250,000
the second year with The Trust for Public
Land for planning, restoring, and protecting
priority natural areas in the metropolitan area,
as defined under Minnesota Statutes, section
473.121, subdivision 2, and portions of the
surrounding counties, through contracted
services, technical assistance, conservation
easements, and fee title acquisition. Land
acquired with this appropriation must
be sufficiently improved to meet at least
minimum management standards, as
determined by the commissioner of natural
resources. Expenditures are limited to the
identified project corridor areas as defined
in the work program. This appropriation
may not be used for the purchase of
habitable residential structures, unless
expressly approved in the work program. All
conservation easements must be perpetual
and have a natural resource management
plan. Any land acquired in fee title by the
commissioner of natural resources with
money from this appropriation must be
designated as an outdoor recreation unit
under Minnesota Statutes, section 86A.07.
The commissioner may similarly designate
any lands acquired in less than fee title. A
list of proposed restorations and fee title
and easement acquisitions must be provided
as part of the required work program. An
entity that acquires a conservation easement
with appropriations from the trust fund
must have a long-term stewardship plan
for the easement and a fund established for
monitoring and enforcing the agreement.
Money appropriated from the trust fund for
easement acquisition may be used to establish
a monitoring, management, and enforcement
fund as approved in the work program. An
annual financial report is required for any
monitoring, management, and enforcement
fund established, including expenditures
from the fund. This appropriation is available
until June 30, 2014, by which time the
project must be completed and final products
delivered.
(j) Habitat Conservation Partnership
(HCP) - Phase VII
$1,737,000 the first year and $1,738,000
the second year are from the trust fund
to the commissioner of natural resources
for the acceleration of agency programs
and cooperative agreements. Of this
appropriation, $125,000 the first year
and $125,000 the second year are to the
commissioner of natural resources for
agency programs and $3,225,000 is for
agreements as follows: $637,000 the first
year and $638,000 the second year with
Ducks Unlimited, Inc.; $38,000 the first year
and $37,000 the second year with Friends
of Detroit Lakes Wetland Management
District; $25,000 the first year and $25,000
the second year with Leech Lake Band of
Ojibwe; $225,000 the first year and $225,000
the second year with Minnesota Land Trust;
$200,000 the first year and $200,000 the
second year with Minnesota Valley National
Wildlife Refuge Trust, Inc.; $242,000 the
first year and $243,000 the second year
with Pheasants Forever, Inc.; and $245,000
the first year and $245,000 the second year
with The Trust for Public Land to plan,
restore, and acquire fragmented landscape
corridors that connect areas of quality habitat
to sustain fish, wildlife, and plants. The
United States Department of Agriculture,
Natural Resources Conservation Service,
is an authorized cooperating partner in the
appropriation. Expenditures are limited to
the project corridor areas as defined in the
work program. Land acquired with this
appropriation must be sufficiently improved
to meet at least minimum habitat and facility
management standards, as determined by
the commissioner of natural resources.
This appropriation may not be used for the
purchase of habitable residential structures,
unless expressly approved in the work
program. All conservation easements must
be perpetual and have a natural resource
management plan. Any land acquired in fee
title by the commissioner of natural resources
with money from this appropriation must
be designated as an outdoor recreation unit
under Minnesota Statutes, section 86A.07.
The commissioner may similarly designate
any lands acquired in less than fee title. A
list of proposed restorations and fee title
and easement acquisitions must be provided
as part of the required work program. An
entity who acquires a conservation easement
with appropriations from the trust fund
must have a long-term stewardship plan
for the easement and a fund established for
monitoring and enforcing the agreement.
Money appropriated from the trust fund for
easement acquisition may be used to establish
a monitoring, management, and enforcement
fund as approved in the work program. An
annual financial report is required for any
monitoring, management, and enforcement
fund established, including expenditures
from the fund. This appropriation is available
until June 30, 2014, by which time the
project must be completed and final products
delivered.
(k) Natural and Scenic Area Acquisition
Grants
$500,000 the first year and $500,000 the
second year are from the trust fund to the
commissioner of natural resources to provide
matching grants to local governments for
acquisition of natural and scenic areas, as
provided in Minnesota Statutes, section
85.019, subdivision 4a. This appropriation
is available until June 30, 2014, by which
time the project must be completed and final
products delivered.
(l) Acceleration of Minnesota Conservation
Assistance
$313,000 the first year and $312,000 the
second year are from the trust fund to the
Board of Water and Soil Resources to provide
grants to soil and water conservation districts
to provide technical assistance to secure
enrollment and retention of private lands in
federal and state programs for conservation.
(m) Conservation Easement Stewardship
and Enforcement Program - Phase II
$250,000 the first year and $250,000 the
second year are from the trust fund to
the commissioner of natural resources to
accelerate the implementation of the Phase
I Conservation Easement Stewardship Plan
being developed with an appropriation
from Laws 2008, chapter 367, section 2,
subdivision 5, paragraph (h).
(n) Recovery of At-Risk Native Prairie
Species
$73,000 the first year and $74,000 the second
year are from the trust fund to the Board of
Water and Soil Resources for an agreement
with the Martin County Soil and Water
Conservation District to collect, propagate,
and plant declining, at-risk native species
on protected habitat and to enhance private
market sources for local ecotype native seed.
This appropriation is available until June
30, 2014, by which time the project must be
completed and final products delivered.
(o) Understanding Threats, Genetic
Diversity, and Conservation Options for
Wild Rice
$97,000 the first year and $98,000 the second
year are from the trust fund to the Board
of Regents of the University of Minnesota
to research the genetic diversity of wild
rice population throughout Minnesota for
use in related conservation and restoration
efforts. This appropriation is contingent upon
demonstration of review and cooperation
with the Native American tribal nations
in Minnesota. Equipment purchased with
this appropriation must be available for
future publicly funded projects at no charge
except for typical operating expenses. This
appropriation is available until June 30,
2014, by which time the project must be
completed and final products delivered.
(p) Southeast Minnesota Stream
Restoration
$125,000 the first year and $125,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with Trout Unlimited to restore at
least four miles of riparian corridor for trout
and nongame species in southeast Minnesota
and increase local capacities to implement
stream restoration through training and
technical assistance. This appropriation is
available until June 30, 2014, by which time
the project must be completed and final
products delivered.
(q) Restoration Strategies for Ditched
Peatland Scientific and Natural Areas
$100,000 the first year and $100,000 the
second year are from the trust fund to the
commissioner of natural resources to evaluate
the hydrology and habitat of the Winter Road
Lake peatland watershed protection area to
determine the effects of ditch abandonment
and examine the potential for restoration
of patterned peatlands. This appropriation
is available until June 30, 2014, by which
time the project must be completed and final
products delivered.
(r) Northeast Minnesota White Cedar
Plant Community Restoration
$125,000 for the first year and $125,000
the second year are from the trust fund to
the Board of Water and Soil Resources to
assess the decline of northern white cedar
plant communities in northeast Minnesota,
prioritize cedar sites for restoration, and
provide cedar restoration training to local
units of government.
(s) Land and Water Conservation Account
(LAWCON) Federal Reimbursement
$750,000 is from the state land and water
conservation account (LAWCON) in the
natural resources fund to the commissioner of
natural resources for priorities established by
the commissioner for eligible state projects
and administrative and planning activities
consistent with Minnesota Statutes, section
116P.14, and the federal Land and Water
Conservation Fund Act. This appropriation
is available until June 30, 2014, by which
time the project must be completed and final
products delivered.

Subd. 5.Water Resources

778,000

779,000

(a) Itasca County Sensitive Lakeshore
Identification
$80,000 the first year and $80,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with Itasca County Soil and Water
Conservation District to identify sensitive
lakeshore and restorable shoreline in Itasca
County. Up to $130,000 may be retained by
the Department of Natural Resources at the
request of Itasca County to provide technical
assistance.
(b) Trout Stream Springshed Mapping in
Southeast Minnesota - Phase III
$250,000 the first year and $250,000 the
second year are from the trust fund to
continue to identify and delineate water
supply areas and springsheds for springs
serving as cold water sources for trout
streams and to assess the impacts from
development and water appropriations. Of
this appropriation, $140,000 each year is to
the Board of Regents of the University of
Minnesota and $110,000 each year is to the
commissioner of natural resources.
(c) Mississippi River Water Quality
Assessment
$278,000 the first year and $279,000 the
second year are from the trust fund to the
Board of Regents of the University of
Minnesota to assess water quality in the
Mississippi River using DNA sequencing
approaches and chemical analyses. The
assessments shall be incorporated into
a Web-based educational tool for use
in classrooms and public exhibits. This
appropriation is available until June 30,
2014, by which time the project must be
completed and final products delivered.
(d) Zumbro River Watershed Restoration
Prioritization
$75,000 the first year and $75,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with the Zumbro Watershed
Partnership, Inc. to identify sources of
erosion and runoff in the Zumbro River
Watershed in order to prioritize restoration
and protection projects.
(e) Assessment of Minnesota River
Antibiotic Concentrations
$95,000 the first year and $95,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with Saint Thomas University
in cooperation with Gustavus Adolphus
College and the University of Minnesota
to measure antibiotic concentrations and
antibiotic resistance levels at sites on the
Minnesota River.

Subd. 6.Aquatic and Terrestrial Invasive
Species

435,000

(a) Improved Detection of Harmful
Microbes in Ballast Water
$125,000 the first year and $125,000 the
second year are from the trust fund to the
Board of Regents of the University of
Minnesota for the University of Minnesota
Duluth to identify and analyze potentially
harmful bacteria transported into Lake
Superior through ship ballast water
discharge. This appropriation is available
until June 30, 2014, by which time the
project must be completed and final products
delivered.
(b) Emerald Ash Borer Biocontrol
Research and Implementation
$250,000 the first year and $250,000 the
second year are from the trust fund to the
commissioner of agriculture to assess a
biocontrol method for suppressing emerald
ash borers by testing bioagent winter survival
potential, developing release and monitoring
methods, and piloting implementation
of emerald ash borer biocontrol. This
appropriation is available until June 30,
2014, by which time the project must be
completed and final products delivered.
(c) Evaluation of Switchgrass as Biofuel
Crop
$60,000 the first year and $60,000 the second
year are from the trust fund to the Minnesota
State Colleges and Universities System for
Central Lakes College in cooperation with
the University of Minnesota to determine
the invasion risk of selectively bred
native grasses for biofuel production and
develop strategies to minimize the invasion
potential and impacts on biodiversity. This
appropriation is available until June 30,
2014, by which time the project must be
completed and final products delivered.

Subd. 7.Renewable Energy and Air Quality

75,000

Supporting Community-Driven
Sustainable Bioenergy Projects
$75,000 the first year and $75,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with Dovetail Partners,
Inc., in cooperation with the University of
Minnesota to assess feasibility, impacts,
and management needs of community-scale
forest bioenergy systems through pilot
studies in Ely and Cook County and to
disseminate findings to inform related efforts
in other communities.

Subd. 8.Environmental Education

688,000

123,000

(a) Youth-Led Renewable Energy and
Energy Conservation in West Central and
Southwest Minnesota
$123,000 the first year and $123,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with Prairie Woods
Environmental Learning Center to initiate
youth-led renewable energy and conservation
projects in over thirty communities in west
central and southwest Minnesota.
(b) Minnesota Junior Master Naturalist
Program
$365,000 the first year is from the trust fund
to the Board of Regents of the University
of Minnesota to expand the junior naturalist
after-school programs. This appropriation
is available until June 30, 2014, by which
time the project must be completed and final
products delivered.
(c) Experiential Environmental Education
for Urban Youth
$200,000 the first year is from the trust fund
to the commissioner of natural resources
for an agreement with Hennepin County
in cooperation with community partners
to initiate new environmental education
programs targeting inner-city youth that
provide hands-on, experiential outdoor
learning opportunities. This appropriation
is available until June 30, 2014, by which
time the project must be completed and final
products delivered.

Subd. 9.Emerging Issues

4,522,000

4,213,000

(a) Minnesota Conservation Apprentice
Academy
$100,000 the first year and $100,000 the
second year are from the trust fund to
the Board of Water and Soil Resources
in cooperation with Conservation Corps
Minnesota to train and mentor future
conservation professionals by providing
apprenticeship service opportunities to
soil and water conservation districts. This
appropriation is available until June 30,
2014, by which time the project must be
completed and the final products delivered.
(b) Chronic Wasting Disease and Animal
Health
$600,000 the first year and $600,000 the
second year are from the trust fund to the
commissioner of natural resources to address
chronic wasting disease and accelerate
wildlife health programs, including activities
directly related to and necessary for this
appropriation.
(c) Aquatic Invasive Species
$2,177,000 the first year and $3,513,000
the second year are from the trust fund
to the commissioner of natural resources
to accelerate aquatic invasive species
programs, including the development
and implementation of best management
practices for public water access facilities
to implement aquatic invasive species
prevention strategies, including activities
directly related to and necessary for this
appropriation. $50,000 is for a grant
to develop and produce a documentary
identifying the challenges presented by
aquatic invasive species. The documentary
shall be available to the Department of
Natural Resources to distribute to watercraft
license purchasers and the general public
through online and other media.
(d) Reinvest in Minnesota Wetlands
Reserve Acquisition and Restoration
Program Partnership
$1,645,000 the first year is to the Board
of Water and Soil Resources to acquire
permanent conservation easements and
restore wetlands and associated upland
habitat in cooperation with the United States
Department of Agriculture Wetlands Reserve
Program. A list of proposed land acquisitions
must be provided as part of the required work
program.
(e) Limitation
Appropriations in paragraphs (b) and (c) are
not subject to Minnesota Statutes, sections
116P.05, subdivision 2, paragraph (b), and
116P.09, subdivision 4.

Subd. 10.Administration and Contract
Management

564,000

560,000

(a) Legislative-Citizen Commission on
Minnesota Resources (LCCMR)
$473,000 the first year and $473,000 the
second year are from the trust fund to the
LCCMR for administration as provided
in Minnesota Statutes, section 116P.09,
subdivision 5.
(b) Contract Management
$88,000 the first year and $87,000 the
second year are from the trust fund to
the commissioner of natural resources
for expenses incurred for contract fiscal
services for the agreements specified in this
section. The commissioner shall provide
documentation to the Legislative-Citizen
Commission on Minnesota Resources
on the expenditure of these funds. This
appropriation is available until June 30, 2014.
(c) LCC Web Site
$3,000 in the first year is appropriated to the
Legislative Coordinating Commission for
the Web site required in Minnesota Statutes,
section 3.303, subdivision 10.

Subd. 11.Availability of Appropriations

Money appropriated in this section may
not be spent on activities unless they are
directly related to the specific appropriation
and are specified in the approved work
program. Money appropriated in this section
must not be spent on indirect costs or other
institutional overhead charges. Unless
otherwise provided, the amounts in this
section are available until June 30, 2014,
when projects must be completed and final
products delivered. For acquisition of real
property, the amounts in this section are
available until June 30, 2014, if a binding
contract is entered into by June 30, 2013,
and closed not later than June 30, 2014. If
a project receives a federal grant, the time
period of the appropriation is extended to
equal the federal grant period.

Subd. 12. Data Availability Requirements

Data collected by the projects funded under
this section must conform to guidelines and
standards adopted by the Office of Enterprise
Technology. Spatial data also must conform
to additional guidelines and standards
designed to support data coordination and
distribution that have been published by the
Minnesota Geospatial Information Office.
Descriptions of spatial data must be prepared
as specified in the state's geographic metadata
guideline and must be submitted to the
Minnesota Geospatial Information Office.
All data must be accessible and free to the
public unless made private under the Data
Practices Act, Minnesota Statutes, chapter
13.
To the extent practicable, summary data and
results of projects funded under this section
should be readily accessible on the Internet
and identified as an environment and natural
resources trust fund project.

Subd. 13.Project Requirements

(a) As a condition of accepting an
appropriation under this section, any agency
or entity receiving an appropriation or a
party to an agreement from an appropriation
must comply with paragraphs (b) to (k) and
Minnesota Statutes, chapter 116P, and must
submit a work program and semiannual
progress reports in the form determined
by the Legislative-Citizen Commission on
Minnesota Resources for any project funded
in whole or in part with funds from the
appropriation.
(b) For all restorations conducted with money
appropriated under this section, a recipient
must prepare an ecological restoration
and management plan that, to the degree
practicable, is consistent with the highest
quality conservation and ecological goals for
the restoration site. Consideration should
be given to soil, geology, topography, and
other relevant factors that would provide
the best chance for long-term success of the
restoration projects. The plan must include
the proposed timetable for implementing
the restoration, including site preparation,
establishment of diverse plant species,
maintenance, and additional enhancement to
establish the restoration; identify long-term
maintenance and management needs of
the restoration and how the maintenance,
management, and enhancement will be
financed; and take advantage of the best
available science and include innovative
techniques to achieve the best restoration.
(c) Any entity receiving an appropriation in
this section for restoration activities must
provide an initial restoration evaluation
at the completion of the appropriation
and an evaluation three years beyond the
completion of the expenditure. Restorations
must be evaluated relative to the stated
goals and standards in the restoration plan,
current science, and, when applicable, the
Board of Water and Soil Resources' native
vegetation establishment and enhancement
guidelines. The evaluation shall determine
whether the restorations are meeting planned
goals, identify any problems with the
implementation of the restorations, and,
if necessary, give recommendations on
improving restorations. The evaluation shall
be focused on improving future restorations.
(d) Except as otherwise provided in this
section, all restoration and enhancement
projects funded with money appropriated in
this section must be on land permanently
protected by a conservation easement or
public ownership or in public waters as
defined in Minnesota Statutes, section
103G.005, subdivision 15.
(e) A recipient of money from an
appropriation under this section must
give consideration to contracting with
Conservation Corps Minnesota or its
successor for contract restoration and
enhancement services.
(f) All conservation easements acquired with
money appropriated under this section must:
(1) be perpetual;
(2) specify the parties to an easement in the
easement;
(3) specify all of the provisions of an
agreement that are perpetual;
(4) be sent to the Office of the
Legislative-Citizen Commission on
Minnesota Resources in an electronic format;
(5) include a long-term monitoring and
enforcement plan and funding for monitoring
and enforcing the easement agreement; and
(6) include requirements in the easement
document to address specific water quality
protection activities such as keeping water
on the landscape, reducing nutrient and
contaminant loading, protecting groundwater,
and not permitting artificial hydrological
modifications.
(g) For any acquisition of land or interest in
land, a recipient of money appropriated under
this section must give priority to high quality
natural resources or conservation lands that
provide natural buffers to water resources.
(h) For new lands acquired with money
appropriated under this section, a recipient
must prepare a restoration and management
plan in compliance with paragraph
(b), including sufficient funding for
implementation unless the work program
addresses why a portion of the money is
not necessary to achieve a high quality
restoration.
(i) To the extent an appropriation is used to
acquire an interest in real property, a recipient
of an appropriation under this section must
provide to the Legislative-Citizen
Commission on Minnesota Resources and
the commissioner of management and budget
an analysis of increased operations and
maintenance costs likely to be incurred by
public entities as a result of the acquisition
and how these costs are to be paid.
(j) To ensure public accountability for the
use of public funds, a recipient of money
appropriated under this section must provide
to the Legislative-Citizen Commission on
Minnesota Resources documentation of the
selection process used to identify parcels
acquired and provide documentation of all
related transaction costs, including but not
limited to appraisals, legal fees, recording
fees, commissions, other similar costs,
and donations. This information must be
provided for all parties involved in the
transaction. The recipient must also report
to the Legislative-Citizen Commission on
Minnesota Resources any difference between
the acquisition amount paid to the seller
and the state-certified or state-reviewed
appraisal, if a state-certified or state-reviewed
appraisal was conducted. Acquisition data
such as appraisals may remain private
during negotiations but must ultimately
be made public according to Minnesota
Statutes, chapter 13. The Legislative-Citizen
Commission on Minnesota Resources shall
review the requirement in this paragraph
and provide a recommendation on whether
to continue or modify the requirement in
future years. The commission may waive
the application of this paragraph for specific
projects.
(k) A recipient of an appropriation from
the trust fund under this section must
acknowledge financial support from the
Minnesota environment and natural resources
trust fund in project publications, signage,
and other public communications and
outreach related to work completed using the
appropriation. Acknowledgment may occur,
as appropriate, through use of the trust fund
logo or inclusion of language attributing
support from the trust fund.

Subd. 14.Payment Conditions and Capital
Equipment Expenditures

All agreements, grants, or contracts referred
to in this section must be administered on
a reimbursement basis unless otherwise
provided in this section. Notwithstanding
Minnesota Statutes, section 16A.41,
expenditures made on or after July 1,
2011, or the date the work program is
approved, whichever is later, are eligible for
reimbursement unless otherwise provided
in this section. Periodic payment must
be made upon receiving documentation
that the deliverable items articulated in
the approved work program have been
achieved, including partial achievements
as evidenced by approved progress reports.
Reasonable amounts may be advanced to
projects to accommodate cash flow needs or
match federal money. The advances must
be approved as part of the work program.
No expenditures for capital equipment are
allowed unless expressly authorized in the
project work program.

Subd. 15.Purchase of Recycled and Recyclable
Materials

A political subdivision, public or private
corporation, or other entity that receives an
appropriation under this section must use the
appropriation in compliance with Minnesota
Statutes, section 16B.121, regarding
purchase of recycled, repairable, and durable
materials; and Minnesota Statutes, section
16B.122, regarding purchase and use of
paper stock and printing.

Subd. 16.Energy Conservation and
Sustainable Building Guidelines

A recipient to whom an appropriation is made
under this section for a capital improvement
project must ensure that the project complies
with the applicable energy conservation and
sustainable building guidelines and standards
contained in law, including Minnesota
Statutes, sections 16B.325, 216C.19, and
216C.20, and rules adopted under those
sections. The recipient may use the energy
planning, advocacy, and State Energy Office
units of the Department of Commerce to
obtain information and technical assistance
on energy conservation and alternative
energy development relating to the planning
and construction of the capital improvement
project.

Subd. 17.Accessibility

Structural and nonstructural facilities must
meet the design standards in the Americans
with Disabilities Act (ADA) accessibility
guidelines.

Subd. 18.Carryforward

(a) The availability of the appropriation for
the following projects is extended to June
30, 2012:
(1) Laws 2008, chapter 367, section 2,
subdivision 3, paragraph (g), State Land
Acquisition Consolidation;
(2) Laws 2008, chapter 367, section
2, subdivision 4, paragraph (f), Native
Shoreland Buffer Incentives Program;
(3) Laws 2008, chapter 367, section 2,
subdivision 4, paragraph (g), Southeast
Minnesota Stream Restoration Projects;
(4) Laws 2009, chapter 143, section 2,
subdivision 4, paragraph (a), State Park
Acquisition;
(5) Laws 2009, chapter 143, section 2,
subdivision 4, paragraph (b), State Trail
Acquisition;
(6) Laws 2009, chapter 143, section 2,
subdivision 6, paragraph (c), Improving
Emerging Fish Disease Surveillance in
Minnesota;
(7) Laws 2009, chapter 143, section 2,
subdivision 8, paragraph (a), Contract
Management; and
(8) Laws 2009, chapter 143, section
2, subdivision 8, paragraph (b),
Legislative-Citizen Commission on
Minnesota Resources (LCCMR) for purposes
provided under Minnesota Statutes, section
16A.281.
(b) The availability of the appropriation for
the following project is extended to June 30,
2013:
(1) Laws 2010, chapter 362, section 2,
subdivision 8, paragraph (f), Expanding
Outdoor Classrooms at Minnesota Schools;
and
(2) Laws 2010, chapter 362, section 2,
subdivision 8, paragraph (g), Integrating
Environmental and Outdoor Education in
Grades 7-12.

Subd. 19.Easement Monitoring and
Enforcement Requirements

Money appropriated under this section and
adjustments made under subdivision 20 for
easement monitoring and enforcement may
be spent only on activities included in an
easement monitoring and enforcement plan
contained within the work program. Money
received for monitoring and enforcement,
including earnings on the money received,
shall be kept in a monitoring and enforcement
fund held by the organization and dedicated
to monitoring and enforcing conservation
easements within Minnesota. Within 120
days after the close of the entity's fiscal
year, an entity receiving appropriations
for easement monitoring and enforcement
must provide an annual financial report
to the Legislative-Citizen Commission
on Minnesota Resources on the easement
monitoring and enforcement fund as specified
in the work program. Money appropriated
under this section for monitoring and
enforcement of easements and earnings on
the money appropriated shall revert to the
state if: (1) the easement transfers to the
state; (2) the holder of the easement fails to
file an annual report and then fails to cure
that default within 30 days of notification
of the default by the state; or (3) the holder
of the easement fails to comply with the
terms of the monitoring and enforcement
plan contained within the work program and
fails to cure that default within 90 days of
notification of the default by the state.

Subd. 20.Appropriations Adjustment

(a) Metropolitan Conservation Corridors
(1) Of the amount appropriated in Laws
2003, chapter 128, article 1, section 9,
subdivision 5, paragraph (b), up to $48,000 is
for deposit in a monitoring and enforcement
account as authorized in subdivision 19.
(2) Of the amount appropriated in Laws
2005, First Special Session, chapter 1, article
2, section 11, subdivision 5, paragraph (b),
up to $49,000 is for deposit in a monitoring
and enforcement account as authorized in
subdivision 19.
(3) Of the amount appropriated in Laws
2007, chapter 30, section 2, subdivision 4,
paragraph (c), up to $59,000 is for deposit
in a monitoring and enforcement account as
authorized in subdivision 19.
(4) Of the amount appropriated in Laws
2008, chapter 367, section 2, subdivision 3,
paragraph (a), up to $42,000 is for deposit
in a monitoring and enforcement account as
authorized in subdivision 19.
(5) Of the amount appropriated in Laws
2009, chapter 143, section 2, subdivision 4,
paragraph (f), up to $80,000 is for deposit
in a monitoring and enforcement account as
authorized in subdivision 19.
(6) Of the amount appropriated in Laws
2010, chapter 362, section 2, subdivision 4,
paragraph (g), up to $10,000 is for deposit
in a monitoring and enforcement account as
authorized in subdivision 19.
(b) Habitat Conservation Partnership
(1) Of the amount appropriated in Laws
2001, First Special Session chapter 2,
section 14, subdivision 4, paragraph (e), up
to $288,000 is for deposit in a monitoring
and enforcement account as authorized in
subdivision 19.
(2) Of the amount appropriated in Laws
2003, chapter 128, article 1, section 9,
subdivision 5, paragraph (a), up to $78,000 is
for deposit in a monitoring and enforcement
account as authorized in subdivision 19.
(3) Of the amount appropriated in Laws 2005,
First Special Session chapter 1, section 11,
subdivision 5, paragraph (a), up to $55,000 is
for deposit in a monitoring and enforcement
account as authorized in subdivision 19.
(4) Of the amount appropriated in Laws
2007, chapter 30, section 2, subdivision 4,
paragraph (b), up to $123,000 is for deposit
in a monitoring and enforcement account as
authorized in subdivision 19.
(5) Of the amount appropriated in Laws
2008, chapter 367, section 2, subdivision 3,
paragraph (c), up to $120,000 is for deposit
in a monitoring and enforcement account as
authorized in subdivision 19.
(6) Of the amount appropriated in Laws
2009, chapter 143, section 2, subdivision 4,
paragraph (e), up to $60,000 is for deposit
in a monitoring and enforcement account as
authorized in subdivision 19.
(7) Of the amount appropriated in Laws
2010, chapter 362, section 2, subdivision 4,
paragraph (f), up to $30,000 is for deposit
in a monitoring and enforcement account as
authorized in subdivision 19.
(c) Preserving the Avon Hills Landscape
Of the amount appropriated in Laws 2008,
chapter 367, section 2, subdivision 3,
paragraph (d), up to $120,000 is for deposit
in a monitoring and enforcement account as
authorized in subdivision 19.
(d) New Models for Land-Use Planning
Of the amount appropriated in Laws 1997,
chapter 216, section 15, subdivision 9,
paragraph (d), up to $33,000 is for deposit
in a monitoring and enforcement account as
authorized in subdivision 19.
(e) Conservation-Based Development
Program
Of the amount appropriated in Laws 1999,
chapter 231, section 16, subdivision 8,
paragraph (e), up to $5,000 is for deposit in
a monitoring and enforcement account as
authorized in subdivision 19.

Sec. 3. EFFECTIVE DATE; RELATIONSHIP TO OTHER APPROPRIATIONS.
Unless otherwise specified, this article is effective retroactively from July 1, 2011,
and supersedes and replaces funding authorized by order of the Second Judicial District
Court in Case No. 62-CV-11-5203. Section 2, subdivision 18, is effective retroactively
from June 29, 2011.

ARTICLE 4

STATUTORY CHANGES

    Section 1. [16E.0475] ADVISORY COMMITTEE FOR TECHNOLOGY
STANDARDS FOR ACCESSIBILITY AND USABILITY.
    Subdivision 1. Membership. (a) The Advisory Committee for Technology
Standards for Accessibility and Usability consists of ten members, appointed as follows:
(1) the state chief information officer, or the state chief information officer's designee;
(2) a representative from State Services for the Blind, appointed by the commissioner
of employment and economic development;
(3) the commissioner of administration, or the commissioner's designee;
(4) a representative selected by the Minnesota system of technology to achieve
results program;
(5) a representative selected by the Commission of Deaf, DeafBlind, and
Hard-of-Hearing Minnesotans;
(6) the commissioner of education, or the commissioner's designee;
(7) the commissioner of health, or the commissioner's designee;
(8) the commissioner of human services, or the commissioner's designee;
(9) one representative from the Minnesota judicial system designated by the chief
justice; and
    (10) one staff member from the legislature, appointed by the chair of the Legislative
Coordinating Commission.
    (b) The appointing authorities under this subdivision must use their best efforts to
ensure that the membership of the advisory committee includes at least one representative
who is deaf, hard-of-hearing, or deafblind and at least one representative who is blind.
(c) The advisory committee shall elect a chair from its membership.
    Subd. 2. Duties. (a) The advisory committee shall:
(1) review processes to be used for the evaluation or certification of accessibility of
technology against accessibility standards;
(2) review the exception process and thresholds for any deviation from the
accessibility standards;
(3) identify, in consultation with state agencies serving Minnesotans with disabilities,
resources for training and technical assistance for state agency staff, including instruction
regarding compliance with accessibility standards;
(4) convene customer groups composed of individuals with disabilities to assist in
implementation of accessibility standards;
(5) review customer comments about accessibility and usability issues collected
by State Services for the Blind;
(6) develop proposals for funding captioning of live videoconferencing, live
Webcasts, Web streaming, podcasts, and other emerging technologies;
(7) provide advice and recommendations regarding the technology accessibility
program operation and objectives;
(8) review and make recommendations regarding individual agency accessibility
plans;
(9) review and make recommendations regarding new or amended accessibility
standards and policies;
(10) review and make recommendations regarding assessments of progress in
implementing accessibility standards; and
(11) consult with the chief information officer, if the chief information officer
determines that any accessibility standard poses an undue burden to the state.
(b) The advisory committee shall report to the chairs and ranking minority members
of the legislative committees with jurisdiction over state technology systems by January
15 each year regarding the findings, progress, and recommendations made by the advisory
committee under this subdivision. The report shall include any draft legislation necessary
to implement the committee's recommendations.
    Subd. 3. Terms, compensation, and removal. The terms, compensation, and
removal of members are governed by section 15.059.
    Subd. 4. Expiration. This section expires June 30, 2013.

    Sec. 2. [84.0264] FEDERAL LAND AND WATER CONSERVATION FUNDS.
    Subdivision 1. Designated agency. The Department of Natural Resources
is designated as the state agency to apply for, accept, receive, and disburse federal
reimbursement funds and private funds that are granted to the state of Minnesota from
section 6 of the federal Land and Water Conservation Fund Act.
    Subd. 2. State land and water conservation account. A state land and water
conservation account is created in the natural resources fund. All of the money made
available to the state from funds granted under subdivision 1 shall be deposited in the
state land and water conservation account.
    Subd. 3. Local share. Fifty percent of all money made available to the state
from funds granted under subdivision 1 shall be distributed for projects to be acquired,
developed, and maintained by local units of government, provided that any project
approved is consistent with a statewide or a county or regional recreational plan and
compatible with the statewide recreational plan. All money received by the commissioner
for local units of government is appropriated annually to carry out the purposes for which
the funds are received.
    Subd. 4. State share. Fifty percent of the money made available to the state from
funds granted under subdivision 1 shall be used for state land acquisition and development
for the state outdoor recreation system under chapter 86A and the administrative expenses
necessary to maintain eligibility for the federal land and water conservation fund.

    Sec. 3. Minnesota Statutes 2010, section 84D.15, subdivision 2, as amended by Laws
2011, chapter 107, section 35, is amended to read:
    Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
section 86B.415, subdivision 7, civil penalties under section 84D.13, and service provider
permits under section 84D.108, shall be deposited in the invasive species account. Each
year, the commissioner of management and budget shall transfer from the game and
fish fund to the invasive species account, the annual surcharge collected on nonresident
fishing licenses under section 97A.475, subdivision 7, paragraph (b). ~~In fiscal years 2010~~
~~and 2011~~ Each fiscal year, the commissioner of management and budget shall transfer
~~$725,000~~ $750,000 from the water recreation account under section 86B.706 to the
invasive species account.

    Sec. 4. Minnesota Statutes 2010, section 85.052, subdivision 4, as amended by Laws
2011, chapter 98, section 1, is amended to read:
    Subd. 4. Deposit of fees. (a) Fees paid for providing contracted products and
services within a state park, state recreation area, or wayside, and for special state park
uses under this section shall be deposited in the natural resources fund and credited to a
state parks account.
(b) Gross receipts derived from sales, rentals, or leases of natural resources within
state parks, recreation areas, and waysides, other than those on trust fund lands, must be
deposited in the state treasury and credited to the state parks working capital account.
~~The appropriation under section~~ ~~85.22~~ ~~for revenue deposited in this section is limited to~~
~~$25,000 per fiscal year.~~
(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile
materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle
Recreation Area shall be deposited in the dedicated accounts in the natural resources fund
from which the purchase of the stockpile material was made. Notwithstanding paragraph
(b), the payments made under section 93.22, subdivision 1, paragraph (c), pursuant to a
state mineral lease on lands and mineral rights purchased for and within the Iron Range
Off-Highway Vehicle Recreation Area shall be deposited in the dedicated accounts in the
natural resources fund from which the purchase of the lands was made.

    Sec. 5. [89.0385] FOREST MANAGEMENT INVESTMENT ACCOUNT; COST
CERTIFICATION.
(a) After each fiscal year, the commissioner shall certify the total costs incurred for
forest management, forest improvement, and road improvement on state-managed lands
during that year. The commissioner shall distribute forest management receipts credited to
various accounts according to this section.
(b) The amount of the certified costs incurred for forest management activities
on state lands shall be transferred from the account where receipts are deposited to the
forest management investment account in the natural resources fund, except for those
costs certified under section 16A.125. Transfers in a fiscal year cannot exceed receipts
credited to the account.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 6. Minnesota Statutes 2010, section 89.039, subdivision 1, is amended to read:
    Subdivision 1. Account established; sources. The forest management investment
account is created in the natural resources fund in the state treasury and money in the
account may be spent only for the purposes provided in subdivision 2. The following
revenue shall be deposited in the forest management investment account:
(1) timber sales receipts transferred from the consolidated conservation areas
account as provided in section 84A.51, subdivision 2;
(2) timber sales receipts from forest lands as provided in section 89.035;
(3) money transferred from the forest suspense account according to section
16A.125, subdivision 5; ~~and~~
(4) interest accruing from investment of the account.; and
(5) money transferred from other accounts according to section 89.0385.

    Sec. 7. Minnesota Statutes 2010, section 89.21, is amended to read:
89.21 CAMPGROUNDS, ESTABLISHMENT AND FEES.
(a) The commissioner is authorized to establish and develop state forest
campgrounds and may establish minimum standards not inconsistent with the laws of the
state for the care and use of such campgrounds and charge fees for such uses as specified
by the commissioner of natural resources.
(b) Notwithstanding section 16A.1283, the commissioner shall, by written order,
establish fees providing for the use of state forest campgrounds. The fees are not subject
to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
(c) All fees shall be deposited in ~~the general fund~~ an account in the natural resources
fund and are appropriated annually to the commissioner.

    Sec. 8. Minnesota Statutes 2010, section 93.481, subdivision 7, is amended to read:
    Subd. 7. Mining administration account. The mining administration account is
established as an account in the natural resources fund. Fees charged to owners, operators,
or managers of mines under this section and section 93.482 shall be credited to the account
and ~~may be~~ are appropriated to the commissioner to cover the costs of providing and
monitoring permits to mine. Earnings accruing from investment of the account remain
with the account until appropriated.

    Sec. 9. [97A.052] PEACE OFFICER TRAINING ACCOUNT.
    Subdivision 1. Account established; sources. The peace officer training account is
created in the game and fish fund in the state treasury. Revenue from the portion of the
surcharges assessed to criminal and traffic offenders in section 357.021, subdivision 7,
clause (1), shall be deposited in the account. Money in the account may be spent only
for the purposes provided in subdivision 2.
    Subd. 2. Purposes of account. Money in the peace officer training account
may only be spent by the commissioner for peace officer training for employees of the
Department of Natural Resources who are licensed under sections 626.84 to 626.863
to enforce game and fish laws.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 10. Minnesota Statutes 2010, section 97A.055, is amended by adding a
subdivision to read:
    Subd. 2b. Certified costs. Money for the certified costs under section 89.0385
is transferred annually for reimbursement of certified costs on state lands acquired by
purchase or gift for game and fish purposes.

    Sec. 11. Minnesota Statutes 2010, section 97A.071, subdivision 2, is amended to read:
    Subd. 2. Revenue from small game license surcharge and lifetime licenses.
Revenue from the small game surcharge and $6.50 annually from the lifetime fish and
wildlife trust fund, established in section 97A.4742, for each license issued under sections
97A.473, subdivisions 3 and 5, and 97A.474, subdivision 3, shall be credited to the
wildlife acquisition account and is appropriated to the commissioner. The money in the
account shall be used by the commissioner only for the purposes of this section, and
acquisition and development of wildlife lands under section 97A.145 and maintenance of
the lands, in accordance with appropriations made by the legislature.

    Sec. 12. Minnesota Statutes 2010, section 97A.075, is amended to read:
97A.075 USE OF LICENSE REVENUES.
    Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this
subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2,
clauses (5), (6), (7), (13), (14), and (15), and 3, clauses (2), (3), (4), (10), (11), and (12),
and licenses issued under section 97B.301, subdivision 4.
    (b) $2 from each annual deer license and $2 annually from the lifetime fish and
wildlife trust fund, established in section 97A.4742, for each license issued under
section 97A.473, subdivision 4, shall be credited to the deer management account and
~~shall be used~~ is appropriated to the commissioner for deer habitat improvement or deer
management programs.
    (c) $1 from each annual deer license and each bear license and $1 annually from
the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license
issued under section 97A.473, subdivision 4, shall be credited to the deer and bear
management account and ~~shall be used~~ is appropriated to the commissioner for deer and
bear management programs, including a computerized licensing system.
    (d) Fifty cents from each deer license is credited to the emergency deer feeding and
wild cervidae health management account and is appropriated for emergency deer feeding
and wild cervidae health management. Money appropriated for emergency deer feeding
and wild cervidae health management is available until expended. The commissioner must
inform the legislative chairs of the natural resources finance committees every two years
on how the money for emergency deer feeding and wild cervidae health management
has been spent.
     When the unencumbered balance in the appropriation for emergency deer feeding
and wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
management programs and computerized licensing.
    Subd. 2. Minnesota migratory waterfowl stamp. (a) Ninety percent of the revenue
from the Minnesota migratory waterfowl stamps must be credited to the waterfowl habitat
improvement account~~. Money in the account may be used~~ and is appropriated to the
commissioner only for:
(1) development of wetlands and lakes in the state and designated waterfowl
management lakes for maximum migratory waterfowl production including habitat
evaluation, the construction of dikes, water control structures and impoundments, nest
cover, rough fish barriers, acquisition of sites and facilities necessary for development
and management of existing migratory waterfowl habitat and the designation of waters
under section 97A.101;
(2) management of migratory waterfowl;
(3) development, restoration, maintenance, or preservation of migratory waterfowl
habitat;
(4) acquisition of and access to structure sites; and
(5) the promotion of waterfowl habitat development and maintenance, including
promotion and evaluation of government farm program benefits for waterfowl habitat.
(b) Money in the account may not be used for costs unless they are directly related to
a specific parcel of land or body of water under paragraph (a), clause (1), (3), (4), or (5), or
to specific management activities under paragraph (a), clause (2).
    Subd. 3. Trout and salmon stamp. (a) Ninety percent of the revenue from trout
and salmon stamps must be credited to the trout and salmon management account~~. Money~~
~~in the account may be used~~ and is appropriated to the commissioner only for:
(1) the development, restoration, maintenance, improvement, protection, and
preservation of habitat for trout and salmon in trout streams and lakes, including, but
not limited to, evaluating habitat; stabilizing eroding stream banks; adding fish cover;
modifying stream channels; managing vegetation to protect, shade, or reduce runoff on
stream banks; and purchasing equipment to accomplish these tasks;
(2) rearing trout and salmon, including utility and service costs associated with
coldwater hatchery buildings and systems; stocking trout and salmon in streams and lakes
and Lake Superior; and monitoring and evaluating stocked trout and salmon;
(3) acquisition of easements and fee title along trout waters;
(4) identifying easement and fee title areas along trout waters; and
(5) research and special management projects on trout streams, trout lakes, and
Lake Superior and portions of its tributaries.
(b) Money in the account may not be used for costs unless they are directly related
to a specific parcel of land or body of water under paragraph (a), to specific fish rearing
activities under paragraph (a), clause (2), or for costs associated with supplies and
equipment to implement trout and salmon management activities under paragraph (a).
    Subd. 4. Pheasant stamp. (a) Ninety percent of the revenue from pheasant stamps
must be credited to the pheasant habitat improvement account~~. Money in the account may~~
~~be used~~ and is appropriated to the commissioner only for:
    (1) the development, restoration, and maintenance of suitable habitat for ringnecked
pheasants on public and private land including the establishment of nesting cover, winter
cover, and reliable food sources;
    (2) reimbursement of landowners for setting aside lands for pheasant habitat;
    (3) reimbursement of expenditures to provide pheasant habitat on public and private
land;
    (4) the promotion of pheasant habitat development and maintenance, including
promotion and evaluation of government farm program benefits for pheasant habitat; and
    (5) the acquisition of lands suitable for pheasant habitat management and public
hunting.
    (b) Money in the account may not be used for:
    (1) costs unless they are directly related to a specific parcel of land under paragraph
(a), clause (1), (3), or (5), or to specific promotional or evaluative activities under
paragraph (a), clause (4); or
    (2) any personnel costs, except that prior to July 1, 2019, personnel may be hired
to provide technical and promotional assistance for private landowners to implement
conservation provisions of state and federal programs.
    Subd. 5. Turkey account. (a) $4.50 from each turkey license sold, except youth
licenses under section 97A.475, subdivision 2, clause (4), and subdivision 3, clause (7),
must be credited to the wild turkey management account~~. Money in the account may be~~
~~used~~ and is appropriated to the commissioner only for:
    (1) the development, restoration, and maintenance of suitable habitat for wild
turkeys on public and private land including forest stand improvement and establishment
of nesting cover, winter roost area, and reliable food sources;
    (2) acquisitions of, or easements on, critical wild turkey habitat;
    (3) reimbursement of expenditures to provide wild turkey habitat on public and
private land;
    (4) trapping and transplantation of wild turkeys; and
    (5) the promotion of turkey habitat development and maintenance, population
surveys and monitoring, and research.
    (b) Money in the account may not be used for:
    (1) costs unless they are directly related to a specific parcel of land under paragraph
(a), clauses (1) to (3), a specific trap and transplant project under paragraph (a), clause (4),
or to specific promotional or evaluative activities under paragraph (a), clause (5); or
    (2) any permanent personnel costs.
    Subd. 6. Walleye stamp. (a) Revenue from walleye stamps must be credited to the
walleye stamp account~~. Money in the account must be used~~ and is appropriated to the
commissioner only for stocking walleye in waters of the state and related activities.
    (b) Money in the account may not be used for costs unless they are directly related to
a specific body of water under paragraph (a), or for costs associated with supplies and
equipment to implement walleye stocking activities under paragraph (a).

    Sec. 13. [103G.27] WATER MANAGEMENT ACCOUNT.
    Subdivision 1. Account established; sources. The water management account
is created in the natural resources fund in the state treasury. Revenues collected from
permit application fees, water use fees, field inspection fees, penalties, and other receipts
according to sections 103G.271 and 103G.301 shall be deposited in the account. Interest
earned on money in the account accrues to the account.
    Subd. 2. Purposes of account. Money in the water management account may be
spent only for the costs associated with administering this chapter.

    Sec. 14. Minnesota Statutes 2010, section 103G.271, subdivision 6, is amended to read:
    Subd. 6. Water use permit processing fee. (a) Except as described in paragraphs
(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
accordance with the schedule of fees in this subdivision for each water use permit in force
at any time during the year. Fees collected under this paragraph are credited to the water
management account in the natural resources fund. The schedule is as follows, with the
stated fee in each clause applied to the total amount appropriated:
    (1) $140 for amounts not exceeding 50,000,000 gallons per year;
    (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
than 100,000,000 gallons per year;
    (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
than 150,000,000 gallons per year;
    (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but
less than 200,000,000 gallons per year;
    (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
than 250,000,000 gallons per year;
    (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but
less than 300,000,000 gallons per year;
    (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
than 350,000,000 gallons per year;
    (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
less than 400,000,000 gallons per year;
    (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
than 450,000,000 gallons per year;
    (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
less than 500,000,000 gallons per year; and
    (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
    (b) For once-through cooling systems, a water use processing fee must be prescribed
by the commissioner in accordance with the following schedule of fees for each water use
permit in force at any time during the year:
    (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
    (2) for all other users, $420 per 1,000,000 gallons.
    (c) The fee is payable based on the amount of water appropriated during the year
and, except as provided in paragraph (f), the minimum fee is $100.
    (d) For water use processing fees other than once-through cooling systems:
    (1) the fee for a city of the first class may not exceed $250,000 per year;
    (2) the fee for other entities for any permitted use may not exceed:
    (i) $60,000 per year for an entity holding three or fewer permits;
    (ii) $90,000 per year for an entity holding four or five permits; or
    (iii) $300,000 per year for an entity holding more than five permits;
    (3) the fee for agricultural irrigation may not exceed $750 per year;
    (4) the fee for a municipality that furnishes electric service and cogenerates steam
for home heating may not exceed $10,000 for its permit for water use related to the
cogeneration of electricity and steam; and
    (5) no fee is required for a project involving the appropriation of surface water to
prevent flood damage or to remove flood waters during a period of flooding, as determined
by the commissioner.
    (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
percent per month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
governmental agency holding a water appropriation permit.
    (f) The minimum water use processing fee for a permit issued for irrigation of
agricultural land is $20 for years in which:
    (1) there is no appropriation of water under the permit; or
    (2) the permit is suspended for more than seven consecutive days between May 1
and October 1.
    (g) A surcharge of $30 per million gallons in addition to the fee prescribed in
paragraph (a) shall be applied to the volume of water used in each of the months of June,
July, and August that exceeds the volume of water used in January for municipal water
use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities
with more than one permit shall be determined based on the total appropriations from all
permits that supply a common distribution system.

    Sec. 15. Minnesota Statutes 2010, section 103G.301, is amended by adding a
subdivision to read:
    Subd. 8. Deposit of fees. Fees collected under this section must be credited to the
water management account in the natural resources fund.

    Sec. 16. Minnesota Statutes 2010, section 103G.615, subdivision 2, is amended to read:
    Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to
control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
section 16A.1283 does not apply, but the rule must not take effect until 45 legislative
days after it has been reported to the legislature. The fees shall not exceed $2,500 per
permit and shall be based upon the cost of receiving, processing, analyzing, and issuing
the permit, and additional costs incurred after the application to inspect and monitor
the activities authorized by the permit, and enforce aquatic plant management rules and
permit requirements.
    (b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous
parcel of shoreline owned by an owner may be charged. This fee may not be charged for
permits issued in connection with purple loosestrife control or lakewide Eurasian water
milfoil control programs.
    (c) A fee may not be charged to the state or a federal governmental agency applying
for a permit.
    (d) A fee for a permit for the control of rooted aquatic vegetation in a public
water basin that is 20 acres or less in size shall be one-half of the fee established under
paragraph (a).
(e) The money received for the permits under this subdivision shall be deposited in
the treasury and credited to the water recreation account.

    Sec. 17. Minnesota Statutes 2010, section 115A.1314, is amended to read:
115A.1314 MANUFACTURER'S REGISTRATION FEE~~; CREATION OF~~
~~ACCOUNT~~.
    Subdivision 1. Registration fee. (a) Each manufacturer who registers under section
115A.1312 must, by September 1, 2007, and each year thereafter, pay to the commissioner
of revenue an annual registration fee. The commissioner of revenue must deposit the
fee in the ~~account established in subdivision 2~~ state treasury and credit the fee to the
environmental fund.
    (b) ~~The registration fee for the initial program year during which a manufacturer's~~
~~video display devices are sold to households is $5,000. Each year thereafter,~~ The
registration fee is equal to a base fee of $2,500, plus a variable recycling fee calculated
according to the formula:
    ((A x B) - (C + D)) x E, where:
    (1) A = the number of pounds of a manufacturer's video display devices sold to
households during the previous program year, as reported to the department under section
115A.1316, subdivision 1;
    (2) B = the proportion of sales of video display devices required to be recycled, set at
0.6 for the first program year and 0.8 for the second program year and every year thereafter;
    (3) C = the number of pounds of covered electronic devices recycled by a
manufacturer from households during the previous program year, as reported to the
department under section 115A.1316, subdivision 1;
    (4) D = the number of recycling credits a manufacturer elects to use to calculate the
variable recycling fee, as reported to the department under section 115A.1316, subdivision
1; and
    (5) E = the estimated per-pound cost of recycling, initially set at $0.50 per pound for
manufacturers who recycle less than 50 percent of the product (A x B); $0.40 per pound
for manufacturers who recycle at least 50 percent but less than 90 percent of the product
(A x B); and $0.30 per pound for manufacturers who recycle at least 90 percent but less
than 100 percent of the product (A x B).
    (c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number of
pounds, that amount is defined as the manufacturer's recycling credits. A manufacturer
may retain recycling credits to be added, in whole or in part, to the actual value of C, as
reported under section 115A.1316, subdivision 2, during any succeeding program year,
provided that no more than 25 percent of a manufacturer's obligation (A x B) for any
program year may be met with recycling credits generated in a prior program year. A
manufacturer may sell any portion or all of its recycling credits to another manufacturer, at
a price negotiated by the parties, who may use the credits in the same manner.
    (d) For the purpose of calculating a manufacturer's variable recycling fee under
paragraph (b), the weight of covered electronic devices collected from households located
outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (c), is
calculated at 1.5 times their actual weight.
    (e) The registration fee for the initial program year and the base registration fee
thereafter for a manufacturer who produces fewer than 100 video display devices for sale
annually to households is $1,250.
    Subd. 2. ~~Creation of account; appropriations~~ Use of registration fees. ~~(a) The~~
~~electronic waste account is established in the environmental fund. The commissioner of~~
~~revenue must deposit receipts from the fee established in subdivision 1 in the account.~~
~~Any interest earned on the account must be credited to the account. Money from other~~
~~sources may be credited to the account. Beginning in the second program year and~~
~~continuing each program year thereafter, as of the last day of each program year, the~~
~~commissioner shall determine the total amount of the variable fees that were collected. To~~
~~the extent that the total fees collected by the commissioner in connection with this section~~
~~exceed the amount the commissioner determines necessary to operate the program for the~~
~~new program year, the commissioner shall refund on a pro rata basis, to all manufacturers~~
~~who paid any fees for the previous program year, the amount of fees collected by the~~
~~commissioner in excess of the amount necessary to operate the program for the new~~
~~program year. No individual refund is required of amounts of $100 or less for a fiscal~~
~~year. Manufacturers who report collections less than 50 percent of their obligation for~~
~~the previous program year are not eligible for a refund.~~
    ~~(b) Until June 30, 2011, money in the account is annually appropriated to the~~
~~Pollution Control Agency:~~ (a) Registration fees may be used by the commissioner for:
    (1) ~~for the purpose of~~ implementing sections 115A.1312 to 115A.1330, including
transfer to the commissioner of revenue to carry out the department's duties under
section 115A.1320, subdivision 2, and transfer to the commissioner of administration for
responsibilities under section 115A.1324; and
    (2) ~~to the commissioner of the Pollution Control Agency to be distributed on~~
~~a competitive basis through contracts with~~ grants to counties outside the 11-county
metropolitan area, as defined in paragraph ~~(c)~~ (b), and ~~with~~ to private entities that collect
for recycling covered electronic devices in counties outside the 11-county metropolitan
area, where the collection and recycling is consistent with the respective county's solid
waste plan, for the purpose of carrying out the activities under sections 115A.1312 to
115A.1330. In awarding competitive grants under this clause, the commissioner must
give preference to counties and private entities that are working cooperatively with
manufacturers to help them meet their recycling obligations under section 115A.1318,
subdivision 1 .
    ~~(c)~~ (b) The 11-county metropolitan area consists of the counties of Anoka, Carver,
Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.

    Sec. 18. Minnesota Statutes 2010, section 115A.1320, subdivision 1, is amended to
read:
    Subdivision 1. Duties of the agency. (a) The agency shall administer sections
115A.1310 to 115A.1330.
    (b) The agency shall establish procedures for:
    (1) receipt and maintenance of the registration statements and certifications filed
with the agency under section 115A.1312; and
    (2) making the statements and certifications easily available to manufacturers,
retailers, and members of the public.
    (c) The agency shall annually review the value of the following variables that are
part of the formula used to calculate a manufacturer's annual registration fee under section
115A.1314, subdivision 1:
    (1) the proportion of sales of video display devices sold to households that
manufacturers are required to recycle;
    (2) the estimated per-pound price of recycling covered electronic devices sold to
households;
    (3) the base registration fee; and
    (4) the multiplier established for the weight of covered electronic devices collected
in section 115A.1314, subdivision 1, paragraph (d). If the agency determines that any of
these values must be changed in order to improve the efficiency or effectiveness of the
activities regulated under sections 115A.1312 to 115A.1330 ~~or if the revenues in the~~
~~account exceed the amount that the agency determines is necessary~~, the agency shall
submit recommended changes and the reasons for them to the chairs of the senate and
house of representatives committees with jurisdiction over solid waste policy.
    (d) By January 15 each year, beginning in 2008, the agency shall calculate estimated
sales of video display devices sold to households by each manufacturer during the
preceding program year, based on national sales data, and forward the estimates to the
department.
    ~~(e) The agency shall manage the account established in section~~ ~~115A.1314~~,
~~subdivision 2. If the revenues in the account exceed the amount that the agency determines~~
~~is necessary for efficient and effective administration of the program, including any~~
~~amount for contingencies, the agency must recommend to the legislature that the base~~
~~registration fee, the proportion of sales of video display devices required to be recycled,~~
~~or the estimated per pound cost of recycling established under section~~ ~~115A.1314~~,
~~subdivision 1, paragraph (b), or any combination thereof, be lowered in order to reduce~~
~~revenues collected in the subsequent program year by the estimated amount of the excess.~~
    ~~(f)~~ (e) On or before December 1, 2010, and each year thereafter, the agency shall
provide a report to the governor and the legislature on the implementation of sections
115A.1310 to 115A.1330. For each program year, the report must discuss the total weight
of covered electronic devices recycled and a summary of information in the reports
submitted by manufacturers and recyclers under section 115A.1316. The report must
also discuss the various collection programs used by manufacturers to collect covered
electronic devices; information regarding covered electronic devices that are being
collected by persons other than registered manufacturers, collectors, and recyclers; and
information about covered electronic devices, if any, being disposed of in landfills in
this state. The report must include a description of enforcement actions under sections
115A.1310 to 115A.1330. The agency may include in its report other information received
by the agency regarding the implementation of sections 115A.1312 to 115A.1330.
    ~~(g)~~ (f) The agency shall promote public participation in the activities regulated under
sections 115A.1312 to 115A.1330 through public education and outreach efforts.
    ~~(h)~~ (g) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner
provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those
provisions enforced by the department, as provided in subdivision 2. The agency may
revoke a registration of a collector or recycler found to have violated sections 115A.1310
to 115A.1330.
    ~~(i)~~ (h) The agency shall facilitate communication between counties, collection and
recycling centers, and manufacturers to ensure that manufacturers are aware of video
display devices available for recycling.
    ~~(j)~~ (i) The agency shall develop a form retailers must use to report information to
manufacturers under section 115A.1318 and post it on the agency's Web site.
    ~~(k)~~ (j) The agency shall post on its Web site the contact information provided by
each manufacturer under section 115A.1318, paragraph (e).

    Sec. 19. Minnesota Statutes 2010, section 115C.09, subdivision 3c, is amended to read:
    Subd. 3c. Release at refineries and tank facilities not eligible for reimbursement.
(a) Reimbursement may not be made under this chapter for costs associated with a release:
(1) from a tank located at a petroleum refinery; or
(2) from a tank facility, including a pipeline terminal, with more than 1,000,000
gallons of total petroleum storage capacity at the tank facility.
(b) Paragraph (a), clause (2), does not apply to reimbursement for costs associated
with a release from a tank facility:
(1) owned or operated by a person engaged in the business of mining iron ore or
taconite;
(2) owned by a political subdivision, a housing and redevelopment authority, an
economic development authority, or a port authority that acquired the tank facility prior
to May 23, 1989; or
(3) owned by a person:
(i) who acquired the tank facility prior to May 23, 1989;
(ii) who did not use the tank facility for the bulk storage of petroleum; and
(iii) who is not affiliated with the party who used the tank facility for the bulk
storage of petroleum.; or
(4) that is not a petroleum refinery or pipeline terminal and is owned by a person
engaged in the business of storing used oil primarily for sales to end users.

    Sec. 20. Minnesota Statutes 2010, section 115C.13, is amended to read:
115C.13 REPEALER.
Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 115C.045, 115C.05,
115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 115C.093, 115C.094, 115C.10, 115C.11,
115C.111, 115C.112, 115C.113, 115C.12, and 115C.13, are repealed effective June 30,
~~2012~~ 2017.

    Sec. 21. Minnesota Statutes 2010, section 116.07, subdivision 7c, is amended to read:
    Subd. 7c. NPDES feedlot permitting requirements. (a) The agency must issue
national pollutant discharge elimination system permits for feedlots ~~with 1,000 animal~~
~~units or more and that meet the definition of a "concentrated animal feeding operation" in~~
~~Code of Federal Regulations, title 40, section~~ ~~122.23~~, only as required by federal law. The
issuance of national pollutant discharge elimination system permits for feedlots must be
based on the following:
(1) a permit for a newly constructed or expanded animal feedlot that is identified as a
priority by the commissioner, using criteria ~~established under paragraph (d)~~ in effect on
January 1, 2010, must be issued as an individual permit;
(2) ~~after January 1, 2001,~~ an existing feedlot that is identified as a priority by the
commissioner, using criteria ~~established under paragraph (e)~~ in effect on January 1, 2010,
must be issued as an individual permit; and
(3) the agency must issue a general national pollutant discharge elimination system
permit, if required, for animal feedlots that are not identified under clause (1) or (2).
(b) Prior to the issuance of a general national pollutant discharge elimination system
permit for a category of animal feedlot facility permittees, the agency must hold at least
one public hearing on the permit issuance.
(c) To the extent practicable, the agency must include a public notice and comment
period for an individual national pollutant discharge elimination system permit concurrent
with any public notice and comment for:
(1) the purpose of environmental review of the same facility under chapter 116D; or
(2) the purpose of obtaining a conditional use permit from a local unit of government
where the local government unit is the responsible governmental unit for purposes of
environmental review under chapter 116D.
(d) ~~The commissioner, in consultation with the Feedlot and Manure Management~~
~~Advisory Committee, created under section~~ ~~17.136, and other interested parties must~~
~~develop criteria for determining whether an individual national pollutant discharge~~
~~elimination system permit is required under paragraph (a), clause (1). The criteria must~~
~~be based on proximity to waters of the state, facility design, and other site-specific~~
~~environmental factors.~~
~~(e) The commissioner, in consultation with the Feedlot and Manure Management~~
~~Advisory Committee, created under section~~ ~~17.136, and other interested parties must~~
~~develop criteria for determining whether an individual national pollutant discharge~~
~~elimination system permit is required for an existing animal feedlot, under paragraph~~
~~(a), clause (2). The criteria must be based on violations and other compliance problems~~
~~at the facility.~~
~~(f) The commissioner, in consultation with the Feedlot and Manure Management~~
~~Advisory Committee, created under section~~ ~~17.136, and other interested parties must~~
~~develop criteria for determining when an individual national pollutant discharge~~
~~elimination system permit is transferred from individual to general permit status.~~
~~(g) Notwithstanding the provisions in paragraph (a), until January 1, 2001, the~~
~~commissioner may issue an individual national pollutant discharge elimination system~~
~~permit for an animal feedlot. After the general permit is issued and the criteria under~~
~~paragraphs (d) and (e) are developed, individual permits issued pursuant to this paragraph~~
~~that do not fit the criteria for an individual permit under the applicable provisions of~~
~~paragraph (d) or (e) must be transferred to general permit status.~~
~~(h) The commissioner, in consultation with the Feedlot and Manure Management~~
~~Advisory Committee, created under section~~ ~~17.136, and other interested parties must~~
~~develop criteria for determining which feedlots are required to apply for and obtain a~~
~~national pollutant discharge elimination system permit and which feedlots are required~~
~~to apply for and obtain a state disposal system permit based upon the actual or potential~~
~~to discharge~~ A feedlot owner may choose to apply for a national pollutant discharge
elimination system permit even if the feedlot is not required by federal law to have a
national pollutant discharge elimination system permit.

    Sec. 22. Minnesota Statutes 2010, section 116.07, subdivision 7d, is amended to read:
    Subd. 7d. Exemption. (a) Notwithstanding subdivision 7 or Minnesota Rules,
chapter 7020, to the contrary, and notwithstanding the proximity to public or private
waters, an owner or resident of agricultural land on which livestock have been allowed to
pasture ~~as defined by Minnesota Rules, chapter 7020,~~ at any time during the ten-year period
beginning January 1, ~~1990~~ 2010, is permanently exempt from requirements related to
feedlot or manure management on that land for so long as the property remains in pasture.
(b) For the purposes of this subdivision, "pasture" means areas where livestock graze
on grass or other growing plants. Pasture also means agricultural land where livestock are
allowed to forage during the winter time and which land is used for cropping purposes
in the growing season. In either case, the concentration of animals must be such that a
vegetative cover, whether of grass, growing plants, or crops, is maintained during the
growing season except in the immediate vicinity of temporary supplemental feeding
or watering devices.

    Sec. 23. Minnesota Statutes 2010, section 116P.05, subdivision 2, is amended to read:
    Subd. 2. Duties. (a) The commission shall recommend an annual or biennial
legislative bill for appropriations from the environment and natural resources trust fund and
shall adopt a strategic plan as provided in section 116P.08. Approval of the recommended
legislative bill requires an affirmative vote of at least 12 members of the commission.
(b) ~~The commission shall recommend expenditures to the legislature from the state~~
~~land and water conservation account in the natural resources fund.~~
~~(c)~~ It is a condition of acceptance of the appropriations made from the Minnesota
environment and natural resources trust fund, and oil overcharge money under section
4.071, subdivision 2, that the agency or entity receiving the appropriation must submit
a work program and semiannual progress reports in the form determined by the
Legislative-Citizen Commission on Minnesota Resources, and comply with applicable
reporting requirements under section 116P.16. None of the money provided may be spent
unless the commission has approved the pertinent work program.
~~(d)~~ (c) The peer review panel created under section 116P.08 must also review,
comment, and report to the commission on research proposals applying for an
appropriation from the oil overcharge money under section 4.071, subdivision 2.
~~(e)~~ (d) The commission may adopt operating procedures to fulfill its duties under
this chapter.
~~(f)~~ (e) As part of the operating procedures, the commission shall:
(1) ensure that members' expectations are to participate in all meetings related to
funding decision recommendations;
(2) recommend adequate funding for increased citizen outreach and communications
for trust fund expenditure planning;
(3) allow administrative expenses as part of individual project expenditures based
on need;
(4) provide for project outcome evaluation;
(5) keep the grant application, administration, and review process as simple as
possible; and
(6) define and emphasize the leveraging of additional sources of money that project
proposers should consider when making trust fund proposals.

    Sec. 24. Minnesota Statutes 2010, section 290.431, is amended to read:
290.431 NONGAME WILDLIFE CHECKOFF.
Every individual who files an income tax return or property tax refund claim form
may designate on their original return that $1 or more shall be added to the tax or deducted
from the refund that would otherwise be payable by or to that individual and paid into an
account to be established for the management of nongame wildlife. The commissioner
of revenue shall, on the income tax return and the property tax refund claim form, notify
filers of their right to designate that a portion of their tax or refund shall be paid into the
nongame wildlife management account. The sum of the amounts so designated to be paid
shall be credited to the nongame wildlife management account for use by the nongame
program in the Department of Natural Resources. All interest earned on money accrued,
gifts to the program, contributions to the program, and reimbursements of expenditures
in the nongame wildlife management account shall be credited to the account by the
commissioner of management and budget, except that gifts or contributions received
directly by the commissioner of natural resources and directed by the contributor for
use in specific nongame field projects or geographic areas shall be handled according to
section 84.085, subdivision 1. ~~The commissioner of natural resources shall submit a work~~
~~program for each fiscal year and semiannual progress reports to the Legislative-Citizen~~
~~Commission on Minnesota Resources in the form determined by the commission.~~
The state pledges and agrees with all contributors to the nongame wildlife
management account to use the funds contributed solely for the management of nongame
wildlife projects and further agrees that it will not impose additional conditions or
restrictions that will limit or otherwise restrict the ability of the commissioner of natural
resources to use the available funds for the most efficient and effective management of
nongame wildlife. The commissioner may use funds appropriated for nongame wildlife
programs for the purpose of developing, preserving, restoring, and maintaining wintering
habitat for neotropical migrant birds in Latin America and the Caribbean under agreement
or contract with any nonprofit organization dedicated to the construction, maintenance, and
repair of such projects that are acceptable to the governmental agency having jurisdiction
over the land and water affected by the projects. Under this authority, the commissioner
may execute agreements and contracts if the commissioner determines that the use of the
funds will benefit neotropical migrant birds that breed in or migrate through the state.

    Sec. 25. Minnesota Statutes 2010, section 290.432, is amended to read:
290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.
A corporation that files an income tax return may designate on its original return that
$1 or more shall be added to the tax or deducted from the refund that would otherwise
be payable by or to that corporation and paid into the nongame wildlife management
account established by section 290.431 for use by the Department of Natural Resources
for its nongame wildlife program. The commissioner of revenue shall, on the corporate
tax return, notify filers of their right to designate that a portion of their tax return be paid
into the nongame wildlife management account for the protection of endangered natural
resources. All interest earned on money accrued, gifts to the program, contributions to
the program, and reimbursements of expenditures in the nongame wildlife management
account shall be credited to the account by the commissioner of management and budget,
except that gifts or contributions received directly by the commissioner of natural
resources and directed by the contributor for use in specific nongame field projects or
geographic areas shall be handled according to section 84.085, subdivision 1. ~~The~~
~~commissioner of natural resources shall submit a work program for each fiscal year to~~
~~the Legislative-Citizen Commission on Minnesota Resources in the form determined~~
~~by the commission.~~
The state pledges and agrees with all corporate contributors to the nongame wildlife
account to use the funds contributed solely for the nongame wildlife program and further
agrees that it will not impose additional conditions or restrictions that will limit or
otherwise restrict the ability of the commissioner of natural resources to use the available
funds for the most efficient and effective management of those programs.

    Sec. 26. Minnesota Statutes 2010, section 299C.40, subdivision 1, is amended to read:
    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
section.
(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located
in the Department of Public Safety and managed by the Bureau of Criminal Apprehension.
A reference in this section to "CIBRS" includes the Bureau of Criminal Apprehension.
(c) "Law enforcement agency" means a Minnesota municipal police department,
the Metropolitan Transit Police, the Metropolitan Airports Police, the University of
Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit,
a Minnesota county sheriff's department, the Enforcement Division of the Department of
Natural Resources, the Bureau of Criminal Apprehension, or the Minnesota State Patrol.

    Sec. 27. Minnesota Statutes 2010, section 357.021, subdivision 7, is amended to read:
    Subd. 7. Disbursement of surcharges by commissioner of management and
budget. (a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
management and budget shall disburse surcharges received under subdivision 6 and
section 97A.065, subdivision 2, as follows:
    (1) one percent shall be credited to the peace officer training account in the game
and fish fund to provide peace officer training for employees of the Department of Natural
Resources who are licensed under sections 626.84 to 626.863, and who possess peace
officer authority for the purpose of enforcing game and fish laws;
    (2) 39 percent shall be credited to the peace officers training account in the special
revenue fund; and
    (3) 60 percent shall be credited to the general fund.
    (b) The commissioner of management and budget shall credit $3 of each surcharge
received under subdivision 6 and section 97A.065, subdivision 2, to the general fund.
    (c) In addition to any amounts credited under paragraph (a), the commissioner of
management and budget shall credit $47 of each surcharge received under subdivision 6
and section 97A.065, subdivision 2, and the $12 parking surcharge, to the general fund.
    (d) If the Ramsey County Board of Commissioners authorizes imposition of the
additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
in the Second Judicial District shall transmit the surcharge to the commissioner of
management and budget. The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the account are appropriated
to the trial courts for the administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County Violations Bureau.

    Sec. 28. Minnesota Statutes 2010, section 609.66, subdivision 1h, is amended to read:
    Subd. 1h. Silencers; authorized for law enforcement and wildlife control
purposes. (a) Notwithstanding subdivision 1a, paragraph (a), clause (1), licensed peace
officers may use devices designed to silence or muffle the discharge of a firearm for
tactical emergency response operations. Tactical emergency response operations include
execution of high risk search and arrest warrants, incidents of terrorism, hostage rescue,
and any other tactical deployments involving high risk circumstances. The chief law
enforcement officer of a law enforcement agency that has the need to use silencing devices
must establish and enforce a written policy governing the use of the devices.
(b) Notwithstanding subdivision 1a, paragraph (a), clause (1), ~~until July 1, 2011,~~
an enforcement officer, as defined in section 97A.015, subdivision 18, a wildlife area
manager, an employee designated under section 84.0835, or a person acting under contract
with the commissioner of natural resources, at specific times and locations that are
authorized by the commissioner of natural resources may use devices designed to silence
or muffle the discharge of a firearm for wildlife control operations that require stealth.
If the commissioner determines that the use of silencing devices is necessary under this
paragraph, the commissioner must:
~~(1)~~ establish and enforce a written policy governing the use, possession, and
transportation of the devices;.
~~(2) limit the number of the silencing devices maintained by the Department of~~
~~Natural Resources to no more than ten; and~~
~~(3) keep direct custody and control of the devices when the devices are not~~
~~specifically authorized for use.~~

    Sec. 29. Laws 2005, chapter 156, article 2, section 45, as amended by Laws 2007,
chapter 148, article 2, section 73, and Laws 2009, chapter 37, article 1, section 59, is
amended to read:
    Sec. 45. SALE OF STATE LAND.
    Subdivision 1. State land sales. The commissioner of administration shall
coordinate with the head of each department or agency having control of state-owned land
to identify and sell at least $6,440,000 of state-owned land. Sales should be completed
according to law and as provided in this section as soon as practicable but no later than
June 30, ~~2011~~ 2013. Notwithstanding Minnesota Statutes, sections 16B.281 and 16B.282,
94.09 and 94.10, or any other law to the contrary, the commissioner may offer land
for public sale by only providing notice of lands or an offer of sale of lands to state
departments or agencies, the University of Minnesota, cities, counties, towns, school
districts, or other public entities.
    Subd. 2. Anticipated savings. Notwithstanding Minnesota Statutes, section
94.16, subdivision 3, or other law to the contrary, the amount of the proceeds from the
sale of land under this section that exceeds the actual expenses of selling the land must
be deposited in the general fund, except as otherwise provided by the commissioner of
finance. Notwithstanding Minnesota Statutes, section 94.11 or 16B.283, the commissioner
of finance may establish the timing of payments for land purchased under this section. If
the total of all money deposited into the general fund from the proceeds of the sale of land
under this section is anticipated to be less than $6,440,000, the governor must allocate the
amount of the difference as reductions to general fund operating expenditures for other
executive agencies for the biennium ending June 30, ~~2011~~ 2013.
    Subd. 3. Sale of state lands revolving loan fund. $290,000 is appropriated from
the general fund in fiscal year 2006 to the commissioner of administration for purposes
of paying the actual expenses of selling state-owned lands to achieve the anticipated
savings required in this section. From the gross proceeds of land sales under this section,
the commissioner of administration must cancel the amount of the appropriation in this
subdivision to the general fund by June 30, ~~2011~~ 2013.

    Sec. 30. STATE TREE NURSERY PROGRAM RESTRUCTURING; REPORT
REQUIRED.
(a) Beginning July 1, 2011, the commissioner of natural resources shall limit all
new plantings at the Badoura State Nursery to the planting of stock for research or use
on public lands or private conservation lands with permanent protection. Excess plant
material may be sold or traded to private wholesale nurseries.
(b) By January 15, 2012, the commissioner of natural resources shall submit a budget
and financial plan for the state nurseries to the chairs and ranking minority members of
the house of representatives and senate committees and divisions with jurisdiction over
environment and natural resources policy and finance. The plan shall include a long-term
business plan to operate the Badoura State Nursery in a manner that is self-sufficient. The
plan shall also include options for the General C.C. Andrews State Nursery.

    Sec. 31. COORDINATION OF MINNESOTA AND WISCONSIN PHOSPHORUS
STANDARD; LAKE PEPIN.
The commissioner of the Pollution Control Agency shall coordinate with the
Wisconsin Department of Natural Resources in establishing a phosphorus standard for
Lake Pepin and shall advocate implementation of a phosphorus standard that considers
nutrient impacts on algal growth applicable during the June to September growing season
only. If necessary, the commissioner may engage in a conference with the Wisconsin
Department of Natural Resources according to section 103 of the Clean Water Act, United
States Code, title 33, section 1253, to resolve any discrepancies in the states' respective
standards.

    Sec. 32. WILD RICE RULEMAKING AND RESEARCH.
(a) Upon completion of the research referenced in paragraph (d), the commissioner
of the Pollution Control Agency shall initiate a process to amend Minnesota Rules, chapter
7050. The amended rule shall:
(1) address water quality standards for waters containing natural beds of wild rice, as
well as for irrigation waters used for the production of wild rice;
(2) designate each body of water, or specific portion thereof, to which wild rice
water quality standards apply; and
(3) designate the specific times of year during which the standard applies.
Nothing in this paragraph shall prevent the Pollution Control Agency from
applying the narrative standard for all class 2 waters established in Minnesota Rules,
part 7050.0150, subpart 3.
(b) "Waters containing natural beds of wild rice" means waters where wild rice
occurs naturally. Before designating waters containing natural beds of wild rice as waters
subject to a standard, the commissioner of the Pollution Control Agency shall establish
criteria for the waters after consultation with the Department of Natural Resources,
Minnesota Indian tribes, and other interested parties and after public notice and comment.
The criteria shall include, but not be limited to, history of wild rice harvests, minimum
acreage, and wild rice density.
(c) Within 30 days of the effective date of this section, the commissioner of
the Pollution Control Agency must create an advisory group to provide input to the
commissioner on a protocol for scientific research to assess the impacts of sulfates and
other substances on the growth of wild rice, review research results, and provide other
advice on the development of future rule amendments to protect wild rice. The group
must include representatives of tribal governments, municipal wastewater treatment
facilities, industrial dischargers, wild rice harvesters, wild rice research experts, and
citizen organizations.
(d) After receiving the advice of the advisory group under paragraph (c), consultation
with the commissioner of natural resources, and review of all reasonably available and
applicable scientific research on water quality and other environmental impacts on the
growth of wild rice, the commissioner of the Pollution Control Agency shall adopt and
implement a wild rice research plan using the money appropriated to contract with
appropriate scientific experts. The commissioner shall periodically review the results of
the research with the commissioner of natural resources and the advisory group.
(e) From the date of enactment until the rule amendment under paragraph (a) is
finally adopted, to the extent allowable under the federal Clean Water Act or other federal
laws, the Pollution Control Agency shall exercise its authority under federal and state laws
and regulations to ensure, to the fullest extent possible, that no permittee is required to
expend funds for design and implementation of sulfate treatment technologies. Nothing
shall prevent the Pollution Control Agency from including in a schedule of compliance a
requirement to monitor sulfate concentrations in discharges and, if appropriate, based on
site-specific conditions, a requirement to implement a sulfate minimization plan to avoid
or minimize sulfate concentrations during periods when wild rice may be susceptible to
damage.
(f) If the commissioner of the Pollution Control Agency determines that amendments
to Minnesota Rules are necessary to ensure that no permittee is required to expend funds
for design and implementation of sulfate treatment technologies until after the rule
amendment described in paragraph (a) is complete, the commissioner may use the good
cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to
adopt rules necessary to implement this section, and Minnesota Statutes, section 14.386,
does not apply, except as provided in Minnesota Statutes, section 14.388.
(g) Upon completion of the rule amendment described in paragraph (a), the
Pollution Control Agency shall, if necessary, modify the discharge limits in the affected
wastewater discharge permits to reflect the new standards in accordance with state and
federal regulations and shall exercise its powers to enter into schedules of compliance
in the permits.
(h) By December 15, 2011, the commissioner of the Pollution Control Agency
shall submit a report to the chairs and ranking minority members of the environment and
natural resources committees of the house of representatives and senate on the status
of implementation of this section. The report must include an estimated timeline for
completion of the wild rice research plan and initiation and completion of the formal
rulemaking process under Minnesota Statutes, chapter 14.

    Sec. 33. EVALUATION REQUIRED.
(a) The Pollution Control Agency, in conjunction with other water agencies and
the University of Minnesota, shall evaluate water-related statutes, rules, and governing
structures to streamline, strengthen, and improve sustainable water management.
(b) The Pollution Control Agency must submit the study results and make
recommendations to agencies listed under paragraph (a) and to the chairs and ranking
minority party members of the senate and house of representatives committees having
primary jurisdiction over environment and natural resources policy and finance no later
than January 15, 2013.

    Sec. 34. MISSISSIPPI RIVER MANAGEMENT PLAN.
Notwithstanding Minnesota Rules, part 6105.0870, subpart 7, development in the
area commonly known as the historic village of Dayton shall conform to the general
development standards of Minnesota Rules, parts 6120.2600 to 6120.3900, except
that marinas shall not be allowed and the provisions and administrative procedures of
Minnesota Rules, parts 6105.0010 to 6105.0070 and 6105.0150 to 6105.0250, shall still
apply.

    Sec. 35. REPORT ON PAYMENT IN LIEU OF TAXES FOR STATE NATURAL
RESOURCE LANDS.
By December 1, 2012, the commissioner of natural resources, in cooperation with
the commissioners of revenue and management and budget, and stakeholders, including
representatives from affected local units of government and other interested parties, shall
report to the chairs and ranking minority caucus members of the senate and house of
representatives natural resources and tax policy and finance committees with recommended
changes to payment in lieu of taxes for natural resource lands under Minnesota Statutes,
sections 97A.061 and 477A.11 to 477A.145. The report shall include an analysis of the
current payment and distribution system and any recommended changes to:
(1) the purpose of the payment system and the criteria for payments;
(2) the rate of payments for specific classes of natural resource lands;
(3) the adequacy of current funding for payments and the impact of additional land
acquisition on the funding;
(4) alternative methods of reimbursing local units of governments for state natural
resource lands; and
(5) the formula for distribution of the payments to local units of government.

    Sec. 36. REPEALER.
Minnesota Statutes 2010, sections 84.027, subdivision 11; and 116P.14, are repealed.

    Sec. 37. EFFECTIVE DATE; RELATIONSHIP TO OTHER
APPROPRIATIONS.
Unless otherwise specified, this article is effective retroactively from July 1, 2011,
and supersedes and replaces funding authorized by order of the Second Judicial District
Court in Case No. 62-CV-11-5203.

ARTICLE 5

GAME AND FISH POLICY

    Section 1. Minnesota Statutes 2010, section 3.7371, is amended to read:
3.7371 COMPENSATION FOR CROP OR FENCE DAMAGE CAUSED BY
ELK.
    Subdivision 1. Authorization. Notwithstanding section 3.736, subdivision 3,
paragraph (e), or any other law, a person who owns an agricultural crop or pasture shall
be compensated by the commissioner of agriculture for an agricultural crop, or fence
surrounding the crop or pasture, that is damaged or destroyed by elk as provided in this
section.
    Subd. 2. Claim form. The crop or pasture owner must prepare a claim on forms
provided by the commissioner and available at the county extension agent's office. The
claim form must be filed with the commissioner. ~~A claim form may not be filed for crop~~
~~damage or destruction that occurs before June 3, 1987.~~
    Subd. 3. Compensation. The crop owner is entitled to the target price or the
market price, whichever is greater, of the damaged or destroyed crop plus adjustments
for yield loss determined according to agricultural stabilization and conservation service
programs for individual farms, adjusted annually, as determined by the commissioner,
upon recommendation of the county extension agent for the owner's county. Verification
of fence damage or destruction by elk may be provided by submitting photographs or
other evidence and documentation together with a statement from an independent witness
using forms prescribed by the commissioner. The commissioner, upon recommendation
of the agent, shall determine whether the crop damage or destruction or damage to or
destruction of a fence surrounding a crop or pasture is caused by elk and, if so, the amount
of the crop or fence that is damaged or destroyed. In any fiscal year, ~~a crop~~ an owner
may not be compensated for a damaged or destroyed crop or fence surrounding a crop
or pasture that is less than $100 in value and may be compensated up to $20,000, as
determined under this section, if normal harvest procedures for the area are followed. In
any fiscal year, the commissioner may provide compensation for claims filed under this
section up to the amount expressly appropriated for this purpose.
    Subd. 4. Insurance deduction. Payments authorized by this section must be
reduced by amounts received by the owner as proceeds from an insurance policy covering
crop losses or damage to or destruction of a fence surrounding a crop or pasture, or from
any other source for the same purpose including, but not limited to, a federal program.
    Subd. 5. Decision on claims; opening land to hunting. If the commissioner finds
that the crop or pasture owner has shown that the damage or destruction of the owner's
crop or damage to or destruction of a fence surrounding a crop or pasture was caused more
probably than not by elk, the commissioner shall pay compensation as provided in this
section and the rules of the commissioner. ~~Total compensation to all claimants shall not~~
~~exceed the amount of funds appropriated for Laws 1987, chapter 373.~~ A crop owner who
receives compensation under this section may, by written permission, permit hunting
on the land at the landowner's discretion.
    Subd. 6. Denial of claim; appeal. (a) If the commissioner denies compensation
claimed by a crop or pasture owner under this section, the commissioner shall issue a
written decision based upon the available evidence including a statement of the facts upon
which the decision is based and the conclusions on the material issues of the claim. A
copy of the decision must be mailed to the crop or pasture owner.
(b) A decision denying compensation claimed under this section is not subject to the
contested case review procedures of chapter 14, but a crop or pasture owner may have
the claim reviewed in a trial de novo in a court in the county where the loss occurred.
The decision of the court may be appealed as in other civil cases. Review in court may
be obtained by filing a petition for review with the administrator of the court within 60
days following receipt of a decision under this section. Upon the filing of a petition, the
administrator shall mail a copy to the commissioner and set a time for hearing within
90 days after the filing.
    Subd. 7. Rules. The commissioner shall adopt rules and may ~~adopt emergency~~
~~rules and~~ amend rules to carry out this section. The commissioner may use the expedited
rulemaking process in section 14.389 to adopt and amend rules authorized in this section.
The rules must include:
(1) methods of valuation of crops damaged or destroyed;
(2) criteria for determination of the cause of the crop damage or destruction;
(3) notice requirements by the owner of the damaged or destroyed crop; ~~and~~
(4) compensation rates for fence damage or destruction that shall include a minimum
claim of $75.00 per incident and a maximum of $1,800 per claimant per fiscal year; and
(5) any other matters determined necessary by the commissioner to carry out this
section.

    Sec. 2. Minnesota Statutes 2010, section 16C.055, subdivision 2, is amended to read:
    Subd. 2. Restriction. After July 1, 2002, an agency may not enter into a contract or
otherwise agree with a nongovernmental entity to receive total nonmonetary consideration
valued at more than $100,000 annually in exchange for the agency providing nonmonetary
consideration, unless such an agreement is specifically authorized by law. This subdivision
does not apply to the State Lottery or private aquaculture businesses involved in state
stocking contracts.

    Sec. 3. Minnesota Statutes 2010, section 17.4982, subdivision 8, is amended to read:
    Subd. 8. Containment facility. "Containment facility" means a licensed facility for
salmonids or, catfish, or species on the viral hemorrhagic septicemia (VHS) susceptible
list published by the United States Department of Agriculture, Animal and Plant Health
Inspection Services, that complies with clauses (1), (3), and (4), or clauses (2), (3), and (4):
(1) disinfects its effluent to the standards in section 17.4991 before the effluent is
discharged to public waters;
(2) does not discharge to public waters or to waters of the state directly connected to
public waters;
(3) raises aquatic life that is prohibited from being released into the wild and must be
kept in a facility approved by the commissioner unless processed for food consumption;
(4) contains aquatic life requiring a fish health inspection prior to transportation.

    Sec. 4. Minnesota Statutes 2010, section 17.4982, is amended by adding a subdivision
to read:
    Subd. 10a. Fish collector. "Fish collector" means an individual who has been
certified under section 17.4989 to oversee the collection of fish samples from a facility or
a water body for disease testing by a certified laboratory.

    Sec. 5. Minnesota Statutes 2010, section 17.4982, subdivision 12, is amended to read:
    Subd. 12. Fish health inspection. (a) "Fish health inspection" means an on-site,
statistically based sampling, collection, and testing of fish in accordance with processes
in the Fish Health Blue Book ~~for all lots of fish in a facility~~ or the Diagnostic Manual
for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE)
to test for causative pathogens. The samples for inspection must be collected by a fish
health inspector or a fish collector in cooperation with the producer. Testing of samples
must be done by an approved laboratory.
(b) The inspection for viral hemorrhagic septicemia (VHS), infectious pancreatic
necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in
nonsalmonids must include at ~~least~~ a minimum viral testing of ovarian fluids at the 95
percent confidence level of detecting two percent incidence of disease ~~(ovarian fluids must~~
~~be sampled for certification of viral hemorrhagic septicemia and infectious hematopoietic~~
~~necrosis). Bacterial diseases must be sampled at the 95 percent confidence level with a~~
~~five percent incidence of disease. The inspection must be performed by a fish health~~
~~inspector in cooperation with the producer with subsequent examination of the collected~~
~~tissues and fluids for the detection of certifiable diseases~~.
(c) The inspection for certifiable diseases for wild fish must follow the guidelines of
the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.

    Sec. 6. Minnesota Statutes 2010, section 17.4982, subdivision 13, is amended to read:
    Subd. 13. Fish health inspector. "Fish health inspector" means an individual
certified as a fish health inspector or an aquatic animal health inspector by the American
Fisheries Society or state, federal, or provincial resource management agency, except
that a certification may not be made by an inspector who has a conflict of interest in
connection with the outcome of the certification.

    Sec. 7. [17.4989] FISH SAMPLE COLLECTING.
    Subdivision 1. Training. Fish collector training may be offered by any organization
or agency that has had its class and practicum syllabus approved by the commissioner.
The class and practicum must include the following components:
(1) accurate identification of licensed water bodies listed according to section
17.4984 and ensuring that collection is taking place at the correct site;
(2) identification of fish internal organs;
(3) fish dissection and sample preparation as identified by the Department of Natural
Resources based on specific testing requirements or as outlined in the Fish Health
Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the
International Office of Epizootics (OIE);
(4) recording and reporting data;
(5) sample preparation and shipping;
(6) a field collection site test to demonstrate mastery of the necessary skills, overseen
by a certified fish health inspector; and
(7) a certificate of successful completion signed by a certified fish health inspector
on a form provided by the commissioner.
    Subd. 2. Certification time period. Fish collector certification is valid for five years
and is not transferable. A person may renew certification only by successfully completing
certification training. Certification shall be revoked if the certified person is convicted
of violating any of the statutes or rules governing testing for aquatic species diseases.
Certification may be suspended during an investigation associated with misconduct or
violations of fish health testing and collection. The commissioner shall notify the person
that certification is being revoked or suspended.
    Subd. 3. Conflict of interest. A fish collector may not oversee the collection of fish
from a facility or a water body when the collector has a conflict of interest in connection
with the outcome of the testing.

    Sec. 8. Minnesota Statutes 2010, section 17.4991, subdivision 3, is amended to read:
    Subd. 3. Fish health inspection. (a) An aquatic farm propagating ~~trout, salmon,~~
or salmonids, catfish, or species on the viral hemorrhagic septicemia (VHS) susceptible
list published by the United States Department of Agriculture, Animal and Plant Health
Inspection Services, and having an effluent discharge from the aquatic farm into public
waters must have a fish health inspection conducted at least once every 12 months by a
certified fish health inspector. Testing must be conducted according to ~~approved~~ laboratory
methods of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal
Diseases, published by the International Office of Epizootics (OIE).
(b) An aquatic farm propagating any species on the VHS susceptible list and having
an effluent discharge from the aquatic farm into public waters must test for VHS virus
using the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic
Animal Diseases. The commissioner may, by written order published in the State Register,
prescribe alternative testing time periods and methods from those prescribed in the Fish
Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that
biosecurity measures will not be compromised. These alternatives are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner
must provide reasonable notice to affected parties of any changes in testing requirements.
(c) Results of fish health inspections must be provided to the commissioner for all
fish that remain in the state. All data used to prepare and issue a fish health certificate must
be maintained for three years by the issuing fish health inspector, approved laboratory, or
accredited veterinarian.
(d) A health inspection fee must be charged based on each lot of fish sampled. The
fee by check or money order payable to the Department of Natural Resources must be
prepaid or paid at the time a bill or notice is received from the commissioner that the
inspection and processing of samples is completed.
~~(c)~~ (e) Upon receipt of payment and completion of inspection, the commissioner
shall notify the operator and issue a fish health certificate. The certification must be made
according to the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal
Diseases by a person certified as a fish health inspector.
~~(d)~~ (f) All aquatic life in transit or held at transfer stations within the state may
be inspected by the commissioner. This inspection may include the collection of stock
for purposes of pathological analysis. Sample size necessary for analysis will follow
guidelines listed in the Fish Health Blue Book or the Diagnostic Manual for Aquatic
Animal Diseases.
~~(e)~~ (g) Salmonids ~~and~~, catfish, or species on the VHS susceptible list must have a
fish health inspection before being transported from a containment facility, unless the
fish are being transported directly to an outlet for processing or other food purposes or
unless the commissioner determines that an inspection is not needed. A fish health
inspection conducted for this purpose need only be done on the lot or lots of fish that will
be transported. The commissioner must conduct a fish health inspection requested for this
purpose within five working days of receiving written notice. Salmonids and catfish may
be immediately transported from a containment facility to another containment facility
once a sample has been obtained for a health inspection or once the five-day notice
period has expired.

    Sec. 9. Minnesota Statutes 2010, section 17.4992, subdivision 4, is amended to read:
    Subd. 4. Sale of eggs by the state. The commissioner may offer for sale or barter
as eggs or fry ~~up to two percent of~~ from the department's annual game fish egg harvest.
~~Additional eggs or fry may be sold if they are surplus to this state's program needs.~~

    Sec. 10. Minnesota Statutes 2010, section 17.4994, is amended to read:
17.4994 SUCKER EGGS.
Sucker eggs may be taken from public waters with a sucker egg license endorsement,
~~which authorizes sucker eggs to be taken at a rate of one quart of eggs for each 1-1/2 acres~~
~~of licensed surface waters except that for intensive culture systems, sucker eggs may be~~
~~taken at a rate of two quarts per 1,000 muskellunge fry being reared~~ for the fee prescribed
in section 97A.475, subdivision 29. ~~The~~ Taking of sucker eggs from public waters is
subject to chapter 97C and may be supervised by the commissioner. The commissioner
may limit the amount of sucker eggs that a person with a sucker egg license endorsement
may take based on the number of sucker eggs taken historically by the licensee, new
requests for eggs, and the condition of the spawning runs at those historical streams and
rivers that have produced previous annual quotas.

    Sec. 11. Minnesota Statutes 2010, section 84.942, subdivision 1, is amended to read:
    Subdivision 1. Preparation. The commissioner of natural resources shall prepare
~~a comprehensive~~ fish and wildlife management ~~plan~~ plans designed to accomplish the
policy of section 84.941. ~~The comprehensive fish and wildlife management plan shall~~
~~include a strategic plan as outlined in subdivision 2. The strategic plan must be completed~~
~~by July 1, 1986. The management plan must also include the long-range and operational~~
~~plans as described in subdivisions 3 and 4. The management plan must be completed by~~
~~July 1, 1988.~~

    Sec. 12. Minnesota Statutes 2010, section 84.95, subdivision 2, is amended to read:
    Subd. 2. Purposes and expenditures. Money from the reinvest in Minnesota
resources fund may only be spent for the following fish and wildlife conservation
enhancement purposes:
(1) development and implementation of the ~~comprehensive~~ fish and wildlife
management ~~plan~~ plans under section 84.942;
(2) implementation of the reinvest in Minnesota reserve program established by
section 103F.515;
(3) soil and water conservation practices to improve water quality, reduce soil
erosion and crop surpluses;
(4) enhancement or restoration of fish and wildlife habitat on lakes, streams,
wetlands, and public and private forest lands;
(5) acquisition and development of public access sites and recreation easements to
lakes, streams, and rivers for fish and wildlife oriented recreation;
(6) matching funds with government agencies, federally recognized Indian tribes and
bands, and the private sector for acquisition and improvement of fish and wildlife habitat;
(7) research and surveys of fish and wildlife species and habitat;
(8) enforcement of natural resource laws and rules;
(9) information and education;
(10) implementing the aspen recycling program under section 88.80 and for other
forest wildlife management projects; and
(11) necessary support services to carry out these purposes.

    Sec. 13. Minnesota Statutes 2010, section 84D.03, subdivision 4, as amended by Laws
2011, chapter 107, section 22, is amended to read:
    Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
an infested water that is designated because it contains invasive fish, invertebrates, or
certifiable diseases, as defined in section 17.4982, may not be used in any other waters.
If a commercial licensee operates in an infested water designated because it contains
invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, all nets,
traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
crayfish harvesting in waters designated as infested with invasive fish, invertebrates, or
certifiable diseases, as defined in section 17.4982, must be tagged with tags provided by
the commissioner, as specified in the commercial licensee's license or permit. This tagging
requirement does not apply to commercial fishing equipment used in Lake Superior.
(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
minimum of two days before they are used in any other waters, except as provided in this
paragraph. Commercial licensees must notify the department's regional or area fisheries
office or a conservation officer before removing nets or equipment from an infested water
designated solely because it contains Eurasian water milfoil and before resetting those
nets or equipment in any other waters. Upon notification, the commissioner may authorize
a commercial licensee to move nets or equipment to another water without freezing or
drying, if that water is designated as infested solely because it contains Eurasian water
milfoil.
(c) A commercial licensee must remove all aquatic macrophytes from nets and other
equipment when the nets and equipment are removed from waters of the state.
(d) The commissioner shall provide a commercial licensee with a current listing of
designated infested waters at the time that a license or permit is issued.
~~(e) A person harvesting aquatic life from waters of the state for the purpose of~~
~~transporting and stocking shall transport the aquatic life to a holding facility. The aquatic~~
~~life shall remain in the holding facility for at least ten hours and be examined for the~~
~~presence of invasive species.~~
~~(f) This subdivision applies to the state and its departments and agencies.~~

    Sec. 14. Minnesota Statutes 2010, section 84D.11, subdivision 2a, as amended by
Laws 2011, chapter 107, section 29, is amended to read:
    Subd. 2a. Harvest of bait from infested waters. (a) The commissioner may issue a
permit to allow the harvest of bait:
(1) from waters that are designated as infested waters, except those designated
because they contain prohibited invasive species of fish or certifiable diseases of fish as
defined in section 17.4982, subdivision 6; and
(2) from infested waters as allowed under section 97C.341, paragraph (c).
The permit shall include conditions necessary to avoid spreading aquatic invasive
species.
    (b) Before receiving a permit, or working for a permittee, a person annually
must satisfactorily complete aquatic invasive species-related training provided by the
commissioner.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 15. Minnesota Statutes 2010, section 97A.015, subdivision 24, is amended to read:
    Subd. 24. Game birds. "Game birds" means migratory waterfowl, ring-necked
pheasant, ruffed grouse, sharp-tailed grouse, Canada spruce grouse, prairie chickens, gray
partridge, bobwhite quail, wild turkeys, coots, gallinules, sora and Virginia rails, mourning
dove, sandhill crane, American woodcock, and common snipe.

    Sec. 16. Minnesota Statutes 2010, section 97A.015, subdivision 45, is amended to read:
    Subd. 45. Small game. "Small game" means game birds, gray squirrel, fox squirrel,
cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, gray wolf, red fox
and gray fox, fisher, pine marten, opossum, badger, cougar, wolverine, muskrat, mink,
otter, and beaver.

    Sec. 17. Minnesota Statutes 2010, section 97A.015, subdivision 49, is amended to read:
    Subd. 49. Undressed bird. "Undressed bird" means:
(1) a bird, excluding ~~migratory waterfowl, pheasant, Hungarian partridge, turkey, or~~
~~grouse~~ ducks, with ~~feet and~~ a fully feathered ~~head~~ wing intact;
(2) a ~~migratory waterfowl, excluding geese,~~ duck with a fully feathered wing and
head attached; or
(3) a pheasant, Hungarian partridge, or wild turkey~~, or grouse~~ with one leg and foot
~~or the fully feathered head or wing~~ intact~~; or~~
~~(4) a goose with a fully feathered wing attached~~.

    Sec. 18. Minnesota Statutes 2010, section 97A.015, subdivision 52, is amended to read:
    Subd. 52. Unprotected birds. "Unprotected birds" means English sparrow,
blackbird, starling, magpie, cormorant, common pigeon, Eurasian collared dove, chukar
partridge, quail other than bobwhite quail, and mute swan.

    Sec. 19. Minnesota Statutes 2010, section 97A.015, subdivision 55, is amended to read:
    Subd. 55. Wild animals. "Wild animals" means all ~~living~~ creatures, whether dead or
alive, not human, wild by nature, endowed with sensation and power of voluntary motion,
and includes mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 20. Minnesota Statutes 2010, section 97A.028, subdivision 3, is amended to read:
    Subd. 3. Emergency deterrent materials assistance. (a) For the purposes of
this subdivision, "cooperative damage management agreement" means an agreement
between a landowner or tenant and the commissioner that establishes a program for
addressing the problem of destruction of the landowner's or tenant's specialty crops or
stored forage crops by wild animals, or destruction of agricultural crops by flightless
Canada geese, or destruction of agricultural crops or pasture by elk within the native elk
range, as determined by the commissioner.
    (b) A landowner or tenant may apply to the commissioner for emergency deterrent
materials assistance in controlling destruction of the landowner's or tenant's specialty
crops or stored forage crops by wild animals, or destruction of agricultural crops by
flightless Canada geese, or destruction of agricultural crops or pasture by elk within the
native elk range, as determined by the commissioner. Subject to the availability of money
appropriated for this purpose, the commissioner shall provide suitable deterrent materials
when the commissioner determines that:
    (1) immediate action is necessary to prevent significant damage from continuing; and
    (2) a cooperative damage management agreement cannot be implemented
immediately.
    (c) A person may receive emergency deterrent materials assistance under this
subdivision more than once, but the cumulative total value of deterrent materials provided
to a person, or for use on a parcel, may not exceed ~~$3,000~~ $5,000 for specialty crops,
~~$750~~ $1,500 for protecting stored forage crops other than silage or grain, $3,000 for stored
silage or grain, or ~~$500~~ $1,000 for agricultural crops damaged by flightless Canada geese.
The value of deterrent materials provided to a person to help protect stored forage crops,
agricultural crops, or pasture from damage by elk may not exceed $5,000. If a person is a
co-owner or cotenant with respect to the ~~specialty~~ crops for which the deterrent materials
are provided, the deterrent materials are deemed to be "provided" to the person for the
purposes of this paragraph.
    (d) As a condition of receiving emergency deterrent materials assistance under this
subdivision, a landowner or tenant shall enter into a cooperative damage management
agreement with the commissioner. Deterrent materials provided by the commissioner may
include repellents, fencing materials, or other materials recommended in the agreement
to alleviate the damage problem. If requested by a landowner or tenant, any fencing
materials provided must be capable of providing long-term protection of specialty crops.
A landowner or tenant who receives emergency deterrent materials assistance under
this subdivision shall comply with the terms of the cooperative damage management
agreement.

    Sec. 21. Minnesota Statutes 2010, section 97A.075, subdivision 6, is amended to read:
    Subd. 6. Walleye stamp. ~~(a)~~ Revenue from walleye stamps must be credited to the
walleye stamp account. Money in the account must be used only for stocking ~~walleye~~
walleyes purchased from the private sector in waters of the state ~~and related activities~~.
    ~~(b) Money in the account may not be used for costs unless they are directly related to~~
~~a specific body of water under paragraph (a), or for costs associated with supplies and~~
~~equipment to implement walleye stocking activities under paragraph (a).~~

    Sec. 22. Minnesota Statutes 2010, section 97A.101, subdivision 3, is amended to read:
    Subd. 3. Fishing may not be restricted. Seasons or methods of taking fish other
than minnows may not be restricted under this section.

    Sec. 23. Minnesota Statutes 2010, section 97A.311, subdivision 5, is amended to read:
    Subd. 5. Refunds. (a) The commissioner may issue a refund on a license, not
including any issuing fees paid under section 97A.485, subdivision 6, if the request is
received within 90 days of the original license purchase and:
    (1) the licensee dies before the opening of the licensed season. The original license
and a copy of the death certificate must be provided to the commissioner;
    (2) the licensee is unable to participate in the licensed activity because the licensee is
called to active military duty or military leave is canceled during the entire open season of
the licensed activity. The original license and a copy of the military orders or notice of
cancellation of leave must be provided to the commissioner; or
    (3) the licensee purchased two licenses for the same license season in error.; or
(4) the licensee was not legally required to purchase the license to participate
in the activity.
    (b) This subdivision does not apply to lifetime licenses.

    Sec. 24. Minnesota Statutes 2010, section 97A.321, subdivision 1, is amended to read:
    Subdivision 1. Owner responsibility; penalty amount. The owner of a dog that
pursues but does not kill or mortally wound a big game animal is subject to a civil penalty
of $100 for each violation. The owner of a dog that kills or mortally wounds a big game
animal is subject to a civil penalty of $500 for each violation.

    Sec. 25. Minnesota Statutes 2010, section 97A.331, is amended by adding a
subdivision to read:
    Subd. 4a. Hunting big game while under revocation. Notwithstanding section
97A.421, subdivision 7, a person who takes big game during the time the person is
prohibited from obtaining a license to take big game under section 97A.421 is guilty
of a gross misdemeanor.

    Sec. 26. Minnesota Statutes 2010, section 97A.405, subdivision 2, is amended to read:
    Subd. 2. Personal possession. (a) A person acting under a license or traveling from
an area where a licensed activity was performed must have in personal possession either:
(1) the proper license, if the license has been issued to and received by the person; or (2)
the proper license identification number or stamp validation, if the license has been sold to
the person by electronic means but the actual license has not been issued and received.
    (b) If possession of a license or a license identification number is required, a person
must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper
license if the license has been issued to and received by the person; or (2) the proper
license identification number or stamp validation and a valid state driver's license, state
identification card, or other form of identification provided by the commissioner, if the
license has been sold to the person by electronic means but the actual license has not been
issued and received. A person charged with violating the license possession requirement
shall not be convicted if the person produces in court or the office of the arresting officer,
the actual license previously issued to that person, which was valid at the time of arrest,
or satisfactory proof that at the time of the arrest the person was validly licensed. Upon
request of a conservation officer or peace officer, a licensee shall write the licensee's name
in the presence of the officer to determine the identity of the licensee.
    (c) If the actual license has been issued and received, a receipt for license fees, a
copy of a license, or evidence showing the issuance of a license, including the license
identification number or stamp validation, does not entitle a licensee to exercise the rights
or privileges conferred by a license.
    (d) A license issued electronically and not immediately provided to the licensee
shall be mailed to the licensee within 30 days of purchase of the license. A pictorial
migratory waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to
the licensee after purchase of a stamp validation only if the licensee pays an additional $2
fee that covers the costs of producing and mailing a pictorial stamp. A pictorial turkey
stamp may be purchased for a $2 fee. that covers the costs of producing and mailing the
pictorial stamp. Notwithstanding section 16A.1283, the commissioner may, by written
order published in the State Register, establish fees for providing the pictorial stamps.
The fees must be set in an amount that does not recover significantly more or less than
the cost of producing and mailing the stamps. The fees are not subject to the rulemaking
provisions of chapter 14, and section 14.386 does not apply.

    Sec. 27. Minnesota Statutes 2010, section 97A.415, subdivision 2, is amended to read:
    Subd. 2. Transfer ~~prohibited~~. A person may not lend, transfer, borrow, or solicit
a license or permit, license identification number, application for a license or permit,
coupon, tag, or seal, or use a license, permit, license identification number, coupon, tag,
or seal not issued to the person unless otherwise expressly authorized. A person may
transfer a license, as prescribed by the commissioner, for use by a person with a severe
disability or critical illness who is participating in a hunting or fishing program sponsored
by a nonprofit organization.

    Sec. 28. Minnesota Statutes 2010, section 97A.425, subdivision 3, is amended to read:
    Subd. 3. Reports. Except for persons licensed to mount specimens of wild
animals, an annual report covering the preceding license year must be submitted to the
commissioner by March 15. The commissioner may require other reports for statistical
purposes. The reports must be on forms supplied or approved by the commissioner.

    Sec. 29. Minnesota Statutes 2010, section 97A.433, is amended by adding a
subdivision to read:
    Subd. 5. Mandatory separate selection. The commissioner must conduct
a separate selection for 20 percent of the elk licenses to be issued each year. Only
individuals who have applied at least ten times for an elk license and who have never
received a license are eligible for this separate selection.

    Sec. 30. Minnesota Statutes 2010, section 97A.435, subdivision 1, is amended to read:
    Subdivision 1. ~~Number of licenses to be issued~~ License issuance. The
commissioner shall include in ~~a rule setting the dates for a turkey season the number of~~
~~licenses to be issued~~ rules setting turkey seasons the methods for issuing licenses for
those seasons.

    Sec. 31. Minnesota Statutes 2010, section 97A.445, subdivision 1a, is amended to read:
    Subd. 1a. Angling in a state park. (a) A resident may take fish by angling without
an angling license:
(1) when shore fishing or wading on state-owned land within a state park.; or
(2) when angling from a boat or float~~, this subdivision applies only to those~~ or
through the ice on water bodies completely encompassed within the statutory boundary of
the state park.
(b) The exemption from an angling license does not apply to waters where a trout
stamp is required.

    Sec. 32. Minnesota Statutes 2010, section 97A.465, subdivision 5, is amended to read:
    Subd. 5. Preference to service members. (a) For purposes of this subdivision:
(1) "qualified service member or veteran" means a Minnesota resident who:
(i) is currently serving, or has served at any time during the past 24 months, in active
service as a member of the United States armed forces, including the National Guard or
other military reserves;
(ii) has received a Purple Heart medal for qualifying military service, as shown by
official military records; or
(iii) has a service-connected disability rated at 100 percent as defined by the United
States Department of Veterans Affairs; and
(2) "active service" means service defined under section 190.05, subdivision 5b or 5c.
(b) Notwithstanding any other provision of this chapter, chapter 97B or 97C, or
administrative rules, the commissioner may give first preference to qualified service
members or veterans in any drawing or lottery involving the selection of applicants for
hunting or fishing licenses, permits, and special permits. This subdivision does not
apply to licenses or permits for taking moose, elk, or prairie chickens. Actions of the
commissioner under this subdivision are not rules under the Administrative Procedure Act
and section 14.386 does not apply.

    Sec. 33. Minnesota Statutes 2010, section 97A.475, subdivision 7, is amended to read:
    Subd. 7. Nonresident fishing. (a) Fees for the following licenses, to be issued
to nonresidents, are:
    (1) to take fish by angling, $37.50;
    (2) to take fish by angling limited to seven consecutive days selected by the licensee,
$26.50;
    (3) to take fish by angling for a 72-hour period selected by the licensee, $22;
    (4) to take fish by angling for a combined license for a family for one or both parents
and dependent children under the age of 16, $50.50;
    (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50;
    (6) to take fish by angling for a combined license for a married couple, limited to 14
consecutive days selected by one of the licensees, $38.50; and
(7) to take fish by spearing from a dark house, $37.50.
    (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
issued under paragraph (a), clause (5), and licenses purchased at the resident fee by
nonresidents under age 16 under section 97A.451, subdivision 5, paragraph (b). An
additional commission may not be assessed on this surcharge.

    Sec. 34. Minnesota Statutes 2010, section 97A.502, is amended to read:
97A.502 DEER KILLED BY MOTOR VEHICLES.
(a) Deer killed by a motor vehicle on a public road must be removed by the road
authority, as defined by section 160.02, subdivision 25, unless the driver of the motor
vehicle is allowed to possess the deer under paragraph (b). The commissioner of natural
resources must provide to all road authorities standard forms for statistical purposes and
the tracking of wild animals.
(b) The driver of a motor vehicle that has collided with and killed a deer on a public
road has priority for a possession permit for the entire deer if the facts indicate that the
deer was not taken illegally.

    Sec. 35. Minnesota Statutes 2010, section 97A.505, subdivision 2, is amended to read:
    Subd. 2. Possession of unlawful animals brought into state prohibited. (a) A
person may not possess a wild animal that has been unlawfully taken, bought, sold, or
possessed outside the state, or unlawfully shipped into the state.
(b) When entering the state from Canada, a person who possesses fish that were
unlawfully taken or possessed under paragraph (a) may be charged in the same manner as
for possessing fish that were unlawfully taken or possessed in the state.

    Sec. 36. Minnesota Statutes 2010, section 97A.545, subdivision 5, is amended to read:
    Subd. 5. Birds must be in undressed condition; exceptions. (a) Except as
provided in paragraph (b), a person may ship or otherwise transport game birds in an
undressed condition only.
(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported:
(1) were taken on a shooting preserve and are marked or identified in accordance
with section 97A.121, subdivision 5;
(2) were taken, dressed, and lawfully shipped or otherwise transported in another
state; or
(3) are migratory game birds that were lawfully tagged and packed by a federally
permitted migratory bird preservation facility.; or
(4) are doves shipped or transported in accordance with federal law.

    Sec. 37. [97B.0215] PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
A parent or legal guardian of a minor may not knowingly direct, allow, or permit
the minor to hunt without the required license, permit, training, or certification, or in
violation of the game and fish laws.

    Sec. 38. Minnesota Statutes 2010, section 97B.022, subdivision 2, is amended to read:
    Subd. 2. Apprentice hunter validation requirements. A resident born after
December 31, 1979, who is age 12 or ~~older~~ over and who does not possess a hunter
education firearms safety certificate may be issued an apprentice hunter validation. An
apprentice hunter validation ~~is valid for only one~~ may be purchased two license ~~year~~ years
in a lifetime and used to obtain hunting licenses during the same license year that the
validation is purchased. An individual in possession of an apprentice hunter validation
may hunt small game ~~and~~, deer, and bear only when accompanied by an adult licensed to
hunt in Minnesota whose license was not obtained using an apprentice hunter validation.
An apprentice hunter validation holder must obtain all required licenses and stamps.

    Sec. 39. Minnesota Statutes 2010, section 97B.031, subdivision 5, is amended to read:
    Subd. 5. Scopes; visually impaired hunters. (a) Notwithstanding any other law
to the contrary, the commissioner may issue a special permit, without a fee, to use a
muzzleloader with a scope to take deer during the muzzleloader season to a person who
obtains the required licenses and who has a visual impairment. The scope may not have
magnification capabilities.
(b) The visual impairment must be to the extent that the applicant is unable to
identify targets and the rifle sights at the same time without a scope. The visual impairment
and specific conditions must be established by medical evidence verified in writing by
(1) a licensed physician, or a certified nurse practitioner or certified physician assistant
acting under the direction of a licensed physician; (2) a licensed ophthalmologist,; or (3)
a licensed optometrist. The commissioner may request additional information from the
physician if needed to verify the applicant's eligibility for the permit.
(c) A permit issued under this subdivision may be valid for up to five years, based
on the permanence of the visual impairment as determined by the licensed physician,
ophthalmologist, or optometrist.
(d) The permit must be in the immediate possession of the permittee when hunting
under the special permit.
(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
this subdivision for cause, including a violation of the game and fish laws or rules.
(f) A person who knowingly makes a false application or assists another in making
a false application for a permit under this subdivision is guilty of a misdemeanor. A
physician, certified nurse practitioner, certified physician assistant, ophthalmologist, or
optometrist who fraudulently certifies to the commissioner that a person is visually
impaired as described in this subdivision is guilty of a misdemeanor.

    Sec. 40. Minnesota Statutes 2010, section 97B.041, is amended to read:
97B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED
IN DEER ZONES.
    (a) A person may not possess a firearm or ammunition outdoors during the period
beginning the fifth day before the open firearms season and ending the second day after
the close of the season within an area where deer may be taken by a firearm, except:
    (1) during the open season and in an area where big game may be taken, a firearm
and ammunition authorized for taking big game in that area may be used to take big game
in that area if the person has a valid big game license in possession;
    (2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle;
    (3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot
or steel shot;
    (4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber,
including .22 magnum caliber cartridges;
    (5) handguns possessed by a person authorized to carry a handgun under sections
624.714 and 624.715 for the purpose authorized; and
    (6) on a target range operated under a permit from the commissioner.
    (b) This section does not apply during an open firearms season in an area where deer
may be taken only by muzzleloader, except that muzzleloading firearms lawful for the
taking of deer may be possessed only by persons with a valid license to take deer by
muzzleloader during ~~that~~ the muzzleloader season. While muzzleloader hunting, a person
with a valid license to take deer by muzzleloader may not possess a firearm other than:
(1) a muzzleloader that is legal for taking deer under section 97B.031, subdivision
1; and
(2) a firearm as described in paragraph (a), clauses (2) to (5).

    Sec. 41. Minnesota Statutes 2010, section 97B.045, subdivision 3, is amended to read:
    Subd. 3. Exceptions; hunting and shooting ranges. (a) Notwithstanding
provisions to the contrary under this chapter, a person may transport an unloaded, uncased
firearm, excluding a pistol as defined in paragraph (b), in a motor vehicle while at a
shooting range, as defined under section 87A.01, subdivision 3, where the person has
received permission from the lawful owner or possessor to discharge firearms; lawfully
hunting on private or public land; or travelling to or from a site the person intends to hunt
lawfully that day or has hunted lawfully that day, unless:
(1) within Anoka, Hennepin, or Ramsey County;
~~(2) within an area where the discharge of a firearm has been prohibited under section~~
~~471.633~~;
~~(3)~~ (2) within the boundaries of a home rule charter or statutory city with a
population of 2,500 or more;
~~(4)~~ (3) on school grounds; or
~~(5)~~ (4) otherwise restricted under section 97A.091, 97B.081, or 97B.086.
(b) For the purposes of this section, a "pistol" includes a weapon designed to be fired
by the use of a single hand and with an overall length less than 26 inches, or having a
barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel
of a length less than 16 inches in the case of a rifle:
(1) from which may be fired or ejected one or more solid projectiles by means
of a cartridge or shell or by the action of an explosive or the igniting of flammable or
explosive substances; or
(2) for which the propelling force is a spring, elastic band, carbon dioxide, air or
other gas, or vapor.
Pistol does not include a device firing or ejecting a shot measuring .18 of an inch, or less,
in diameter and commonly known as a "BB gun," a scuba gun, a stud gun or nail gun used
in the construction industry, or children's pop guns or toys.

    Sec. 42. Minnesota Statutes 2010, section 97B.055, subdivision 3, is amended to read:
    Subd. 3. Hunting from vehicle by disabled hunters. (a) The commissioner may
issue a special permit, without a fee, to discharge a firearm or bow and arrow from a
stationary motor vehicle to a person who obtains the required licenses and who has a
permanent physical disability that is more substantial than discomfort from walking. The
permit recipient must be:
(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
other mechanical support or prosthetic device; or
(2) unable to walk any distance because of a permanent lung, heart, or other internal
disease that requires the person to use supplemental oxygen to assist breathing.
(b) The permanent physical disability must be established by medical evidence
verified in writing by a licensed physician or, chiropractor, or certified nurse practitioner
or certified physician assistant acting under the direction of a licensed physician. The
commissioner may request additional information from the physician or chiropractor
if needed to verify the applicant's eligibility for the permit. Notwithstanding section
97A.418, the commissioner may, in consultation with appropriate advocacy groups,
establish reasonable minimum standards for permits to be issued under this section. In
addition to providing the medical evidence of a permanent disability, the applicant must
possess a valid disability parking certificate authorized by section 169.345 or license
plates issued under section 168.021.
(c) A person issued a special permit under this subdivision and hunting deer may
take a deer of either sex, except in those antlerless permit areas and seasons where no
antlerless permits are offered. This subdivision does not authorize another member of a
party to take an antlerless deer under section 97B.301, subdivision 3.
(d) A permit issued under this subdivision is valid for five years.
(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
this section for cause, including a violation of the game and fish laws or rules.
(f) A person who knowingly makes a false application or assists another in making a
false application for a permit under this section is guilty of a misdemeanor. A physician,
certified nurse practitioner, certified physician assistant, or chiropractor who fraudulently
certifies to the commissioner that a person is permanently disabled as described in this
section is guilty of a misdemeanor.
(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for
the entire life of the applicant if the commissioner determines that there is no chance
that an applicant will become ineligible for a permit under this section and the applicant
requests a lifetime permit.

    Sec. 43. Minnesota Statutes 2010, section 97B.075, is amended to read:
97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
    (a) A person may not take protected wild animals, except raccoon and fox, with
a firearm between the evening and morning times established by commissioner's rule,
except as provided in this section.
    (b) Big game may be taken from one-half hour before sunrise until one-half hour
after sunset.
    (c) Except as otherwise prescribed by the commissioner on or before the Saturday
nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
during the entire season prescribed by the commissioner. ~~On the opening day of the duck~~
~~season, shooting hours for migratory game birds, except woodcock, begin at 9:00 a.m.~~

    Sec. 44. Minnesota Statutes 2010, section 97B.106, subdivision 1, is amended to read:
    Subdivision 1. Qualifications for crossbow permits. (a) The commissioner may
issue a special permit, without a fee, to take big game, small game, or rough fish with a
crossbow to a person that is unable to hunt or take rough fish by archery because of a
permanent or temporary physical disability. A crossbow permit issued under this section
also allows the permittee to use a bow with a mechanical device that draws, releases, or
holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a).
    (b) To qualify for a crossbow permit under this section, a temporary disability
must render the person unable to hunt or fish by archery for a minimum of two years
after application for the permit is made. The permanent or temporary disability must
be established by medical evidence, and the inability to hunt or fish by archery for the
required period of time must be verified in writing by (1) a licensed physician or a certified
nurse practitioner or certified physician assistant acting under the direction of a licensed
physician; or (2) a licensed chiropractor. A person who has received a special permit
under this section because of a permanent disability is eligible for subsequent special
permits without providing medical evidence and verification of the disability.
    (c) The person must obtain the appropriate license.

    Sec. 45. Minnesota Statutes 2010, section 97B.211, subdivision 1, is amended to read:
    Subdivision 1. Possession of firearms prohibited. (a) A person may not take deer
by archery while in possession of a firearm.
(b) Paragraph (a) does not apply to a person carrying a handgun in compliance
with section 624.714.

    Sec. 46. Minnesota Statutes 2010, section 97B.325, is amended to read:
97B.325 DEER STAND RESTRICTIONS.
A person may not take deer from a constructed platform or other structure that is
located within the right-of-way of an improved public highway ~~or is higher than 16 feet~~
~~above the ground. The height restriction does not apply to a portable stand that is chained,~~
~~belted, clamped, or tied with rope~~.

    Sec. 47. Minnesota Statutes 2010, section 97B.405, is amended to read:
97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
    (a) The commissioner may limit the number of persons that may hunt bear in an
area, if it is necessary to prevent an overharvest or improve the distribution of hunters.
The commissioner may establish, by rule, a method, including a drawing, to impartially
select the hunters for an area. The commissioner shall give preference to hunters that have
previously applied and have not been selected.
    (b) ~~In the case of a drawing, the commissioner shall allow a person to apply for a~~
~~permit in more than one area at the same time and rank the person's choice of area.~~ A
person selected through a drawing must purchase a license by August 1. Any remaining
available licenses not purchased shall be issued to any eligible person as prescribed by
the commissioner on a first-come, first-served basis beginning three business days after
August 1.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 48. Minnesota Statutes 2010, section 97B.425, is amended to read:
97B.425 BAITING BEARS.
    Notwithstanding section 609.68, a person may place bait to take bear and must
display a tag at each site where bait is placed and register the sites. The commissioner
shall prescribe the method of tagging and registering the sites. The tag displayed at each
site where bait is placed must contain ~~identification information~~: (1) the licensee's name
and address; (2) the licensee's driver's license number; or (3) the "MDNR#" license
identification number issued to the licensee for a licensed bear hunter or a licensed bear
outfitter. A person must have the license identification number of the person with the bear
license in their possession or be a licensed bear outfitter while attending a bear bait station.
To attract bear a person may not use a bait with:
    (1) a carcass from a mammal, if the carcass contains more than 25 percent of the
intact carcass;
    (2) meat from mammals, if the meat contains bones;
    (3) bones of mammals;
    (4) solid waste containing bottles, cans, plastic, paper, or metal;
    (5) materials that are not readily biodegradable; or
    (6) any part of a swine, except cured pork.

    Sec. 49. [97B.426] BAITING BEAR; USE OF DRUM.
Notwithstanding section 97B.425, a private landowner or person authorized by the
private landowner may use a drum to bait bear on the person's private land. The drum
must be securely chained or cabled to a tree so that it cannot be moved from the site by a
bear and the drum may not include a mechanical device for dispensing feed. The drum
must be marked as provided in section 97B.425. For purposes of this section, "drum"
means a 30 gallon or larger drum.

    Sec. 50. Minnesota Statutes 2010, section 97B.515, is amended by adding a
subdivision to read:
    Subd. 4. Taking elk causing damage or nuisance. The commissioner may
authorize licensed hunters to take elk that are causing damage or nuisance from August
15 to March 1 under rules prescribed by the commissioner. The commissioner may issue
licenses to hunters impartially selected from a list of elk hunt applicants who indicated on
their application that they would be interested and available to respond to an elk damage
or nuisance situation. Notwithstanding section 97A.433, subdivision 2, clause (2), a
person receiving a license to hunt elk under this subdivision does not lose eligibility
for future elk hunts.

    Sec. 51. Minnesota Statutes 2010, section 97B.645, subdivision 9, is amended to read:
    Subd. 9. Open season. There shall be no open season for gray wolves ~~for five years~~
until after the gray wolf is delisted under the federal Endangered Species Act of 1973.
After that time, the commissioner may prescribe open seasons and restrictions for taking
gray wolves but must provide opportunity for public comment.

    Sec. 52. Minnesota Statutes 2010, section 97B.667, is amended to read:
97B.667 REMOVAL OF BEAVERS, BEAVER DAMS, AND LODGES BY
ROAD AUTHORITIES.
When a drainage watercourse is impaired by a beaver dam and the water damages
or threatens to damage a public road, the road authority, as defined in section 160.02,
subdivision 25 , may remove the impairment and any associated beaver lodge within 300
feet of the road. Notwithstanding any law to the contrary, the road authority may kill or
arrange to have killed by any lawful means a beaver associated with the lodge. Before
killing or arranging to kill a beaver under this section, the road authority must contact a
conservation officer for a special beaver permit. The conservation officer must issue the
permit for any beaver subject to this section. A road authority that kills or arranges to
have killed a beaver under this section must notify a conservation officer or the officer's
designee as specified in the permit within ten days after the animal is killed. A road
authority may, after consultation with the Wildlife Division and the Board of Water and
Soil Resources, implement a local beaver control program designed to reduce the number
of incidents of beaver interfering with or damaging a public road. The local control
program may include the offering of a bounty for the lawful taking of beaver.

    Sec. 53. Minnesota Statutes 2010, section 97B.803, is amended to read:
97B.803 MIGRATORY WATERFOWL SEASONS AND LIMITS.
~~(a)~~ The commissioner shall prescribe seasons, limits, and areas for taking migratory
waterfowl in accordance with federal law.
~~(b) The regular duck season may not open before the Saturday closest to October 1.~~

    Sec. 54. Minnesota Statutes 2010, section 97C.005, subdivision 3, is amended to read:
    Subd. 3. Seasons, limits, and other rules. The commissioner may, in accordance
with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14,
establish open seasons, limits, methods, and other requirements for taking fish on special
management waters. The commissioner may, by written order published in the State
Register, amend daily, possession, or size limits to make midseason adjustments based
on available harvest, angling pressure, and population data to manage the fisheries in the
1837 Ceded Territory in compliance with the court orders in Mille Lacs Band of Chippewa
v. Minnesota, 119 S. Ct. 1187 (1999). The midseason adjustments in daily, possession, or
size limits are not subject to the rulemaking provisions of chapter 14 and section 14.386
does not apply. Before the written order is effective, the commissioner shall attempt to
notify persons or groups of persons affected by the written order by public announcement,
posting, and other appropriate means as determined by the commissioner.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 55. [97C.007] NORTHERN PIKE EXPERIMENTAL AND SPECIAL
MANAGEMENT WATERS.
The combined number of lakes designated for northern pike under sections 97C.001
and 97C.005 may not exceed 100 at one time. Until November 1, 2021, the designated
lakes must be selected from the lakes identified in rules adopted under sections 97C.001
and 97C.005 with northern pike slot limits effective on January 1, 2011. A designation
under this section must continue for at least ten years, at which time the commissioner shall
determine, based on scientific studies, whether the designation should be discontinued.
EFFECTIVE DATE.This section is effective November 1, 2011.

    Sec. 56. Minnesota Statutes 2010, section 97C.081, subdivision 3, is amended to read:
    Subd. 3. Contests requiring a permit. (a) Unless subdivision 3a applies, a person
must have a permit from the commissioner to conduct a fishing contest ~~that does not meet~~
~~the criteria in subdivision 2.~~ if:
(1) there are more than 25 boats for open water contests, more than 150 participants
for ice fishing contests, or more than 100 participants for shore fishing contests;
(2) entry fees are more than $25 per person; or
(3) the contest is limited to trout species.
(b) The commissioner shall charge a fee for the permit that recovers the costs of
issuing the permit and of monitoring the activities allowed by the permit. Notwithstanding
section 16A.1283, the commissioner may, by written order published in the State Register,
establish contest permit fees. The fees are not subject to the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
    ~~(b)~~ (c) The commissioner may require the applicant to furnish evidence of financial
responsibility in the form of a surety bond or bank letter of credit in the amount of $25,000
if entry fees are over $25 per person, or total prizes are valued at more than $25,000, and
if the applicant has either:
    (1) not previously conducted a fishing contest requiring a permit under this
subdivision; or
    (2) ever failed to make required prize awards in a fishing contest conducted by
the applicant~~, the commissioner may require the applicant to furnish the commissioner~~
~~evidence of financial responsibility in the form of a surety bond or bank letter of credit in~~
~~the amount of $25,000~~.
    ~~(c)~~ (d) The permit fee for any individual contest may not exceed the following
amounts:
    (1) $60 for an open water contest not exceeding 50 boats and without off-site
weigh-in;
    (2) $200 for an open water contest with more than 50 boats and without off-site
weigh-in;
    (3) $250 for an open water contest not exceeding 50 boats with off-site weigh-in;
    (4) $500 for an open water contest with more than 50 boats with off-site weigh-in; or
    (5) $120 for an ice fishing contest with more than 150 participants.

    Sec. 57. Minnesota Statutes 2010, section 97C.081, is amended by adding a
subdivision to read:
    Subd. 3a. Contests without a permit. A person may conduct a fishing contest
without a permit from the commissioner if:
(1) the contest is not limited to specifically named waters;
(2) all the contest participants are age 18 years or under;
(3) the contest is limited to rough fish; or
(4) the total prize value is $500 or less.

    Sec. 58. Minnesota Statutes 2010, section 97C.087, subdivision 2, is amended to read:
    Subd. 2. Application for tag. Application for special fish management tags must
be accompanied by a $5, nonrefundable application fee for each tag. A person may not
make more than one tag application each calendar year. If a person makes more than one
application, the person is ineligible for a special fish management tag for that ~~season~~
calendar year after determination by the commissioner, without a hearing.

    Sec. 59. Minnesota Statutes 2010, section 97C.205, is amended to read:
97C.205 TRANSPORTING AND STOCKING FISH.
    (a) Except on the water body where taken, a person may not transport a live fish in a
quantity of water sufficient to keep the fish alive, unless the fish:
    (1) is being transported under an aquaculture license as authorized under sections
17.4985 and 17.4986;
    (2) is being transported for a fishing contest weigh-in under section 97C.081;
    (3) is a minnow being transported under section 97C.505 or 97C.515;
    (4) is being transported by a commercial fishing license holder under section
97C.821; or
    (5) is being transported as otherwise authorized in this section or as prescribed for
certifiable diseases under sections 17.46 to 17.4999.
    (b) The commissioner may adopt rules to allow and regulate:
    (1) the transportation of fish and fish eggs; and
    (2) the stocking of waters with fish or fish eggs.
    (c) The commissioner must allow the possession of fish on special management or
experimental waters to be prepared as a meal on the ice or on the shore of that water
body if the fish:
    (1) were lawfully taken;
    (2) have been packaged by a licensed fish packer; and
    (3) do not otherwise exceed the statewide possession limits.
    (d) The commissioner shall prescribe rules designed to encourage local sporting
organizations to propagate game fish by using rearing ponds. The rules must:
    (1) prescribe methods to acquire brood stock for the ponds by seining public waters;
    (2) allow the sporting organizations to own and use seines and other necessary
equipment; and
    (3) prescribe methods for stocking the fish in public waters that give priority to the
needs of the community where the fish are reared and the desires of the organization
operating the rearing pond.
    (e) A person age 16 or under may, for purposes of display in a home aquarium,
transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white
crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow,
and brown bullheads taken by angling, except as otherwise ordered by the commissioner
upon documentation of an emergency fish disease in Minnesota waters, as defined in
section 17.4982, subdivision 9. No more than four of each species may be transported at
any one time, and any individual fish can be no longer than ten inches in total length. The
commissioner may, by written order published in the State Register, prohibit transportation
of live fish under this paragraph to help prevent spread of an emergency fish disease
documented to occur in Minnesota waters. The order is exempt from the rulemaking
provisions of chapter 14 and section 14.386 does not apply.

    Sec. 60. Minnesota Statutes 2010, section 97C.211, subdivision 5, is amended to read:
    Subd. 5. Price of ~~walleye~~ game fish fry and eggs. The commissioner may ~~not~~ sell
~~walleye~~ or barter game fish fry or eggs for not less than ~~fair market value, defined as the~~
~~average price charged by private walleye fry wholesalers located in Minnesota~~ the cost
associated with the production of eggs or fry.

    Sec. 61. Minnesota Statutes 2010, section 97C.341, is amended to read:
97C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
(a) A person may not use live minnows imported from outside of the state, game
fish, goldfish, or carp for bait. The commissioner may, by written order published in
the State Register, authorize use of game fish eggs as bait and prescribe restrictions on
their use. The order is exempt from the rulemaking provisions of chapter 14 and section
14.386 does not apply.
(b) A person may not import or possess live, frozen, or processed bait from known
waters where viral hemorrhagic septicemia has been identified as being present, except as
provided in paragraph (c). For purposes of this paragraph, "bait" includes fish, aquatic
worms, amphibians, invertebrates, and insects used for ~~angling~~ taking wild animals in
waters of the state.
    (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
be used as:
    (1) fresh or frozen bait only on Lake Superior; or
    (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
manner prescribed by rules adopted by the commissioner.
(d) To ensure that frozen or dead fish being brought into the state are not in violation
of paragraph (b), the following paperwork must accompany the shipment. Documents
must be open for inspection by the commissioner at any reasonable time. All documents
must be available to purchasers of these bait items. Each container or package of frozen or
dead fish must have the following information:
(1) water body source;
(2) lot number;
(3) company contact including name, phone, and address;
(4) date of packaging and labeling; and
(5) valid negative fish health certification from the source water body.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 62. [97C.342] CERTIFICATION THAT FROZEN OR DEAD FISH BAIT
ARE DISEASE FREE.
    Subdivision 1. Definitions. For purposes of this section, the following terms have
the meanings given:
(1) "Water body" means waters identified by a unique Department of Natural
Resources public water identification number; a body of water that has defined boundaries
and that has no Department of Natural Resources public water identification number; or
a section of stream designated by a Kittle number, lock and dam numbering system, or
to the upstream and downstream barrier.
(2) "Commercial license" means a license issued under section 97A.475, subdivision
26, 27, 29, or 30.
    Subd. 2. Bait restrictions. Frozen or dead fish on the official list of viral
hemorrhagic septicemia susceptible species published by the United States Department of
Agriculture, Animal and Plant Health Inspection Services; cisco (all Coregonus, including
lake herring and tullibee); and smelt (all Osmerus, Spirincus, Hypomesus, and Allosmerus)
being used as bait in waters of the state must originate from water bodies certified disease
free. Certification for these water bodies is valid for one year from the date of test results.
    Subd. 3. Testing requests. As a part of commercial licensing procedures, a list of
water bodies requiring a fish health certification for commercial bait harvest must be
provided to the commissioner no later than March 1 of each year, except in 2011 the list
must be provided by August 1.
    Subd. 4. Certification fees. Notwithstanding section 16A.1283, the commissioner
may by written order published in the State Register, establish fees for the services and
testing required to issue health certifications for a water body. The fees must be set in an
amount that does not recover significantly more or less than the costs of providing services
to health-certify a water body. The fees are not subject to the rulemaking provisions of
chapter 14 and sections 14.125 and 14.386 do not apply. The services covered under
this subdivision include:
(1) cost of collecting the species for testing;
(2) fish health inspection and certification, including initial tissue sample collection,
basic fish health assessment, and fish disease testing; and
(3) administrative overhead for tracking and documentation of testing.
    Subd. 5. Transportation permit requirements. A commercial licensee harvesting
from a certified disease-free water body must obtain a live fish importation, transportation,
and stocking permit to move fish from that source. A live fish importation, transportation,
and stocking permit may be used for multiple shipments within a 30-day term period if
the source and destination remain the same. The commercial licensee must contact the
department within 24 hours of exercising the permit. Permits may be issued through the
department's regional offices or St. Paul office and must be obtained prior to moving fish
as approved for movement from these certified disease-free water bodies.
    Subd. 6. Reporting requirements. A commercial licensee harvesting bait under
this section must maintain records on forms provided by the commissioner for each lot
of frozen or dead fish for sale as bait. The records must include the lot number for each
batch of frozen or dead fish, water body health certification documentation, transportation
permit number, and other information as specified on the reporting form. The commercial
licensee must enter required records onto forms within 24 hours of packaging and labeling
each lot of fish. The commercial licensee must retain records for three years following
the year of creation. All records required to be retained must be open to inspection by
the commissioner at any reasonable time.
    Subd. 7. Labeling requirements. Frozen or dead fish from certified disease-free
water bodies that are being sold as bait must be labeled. The seller of the product is
responsible for making sure the items are labeled according to this section. Each container
or package of frozen or dead fish bait must have the following information:
(1) Department of Natural Resources certified water body number;
(2) Department of Natural Resources transportation permit number;
(3) lot number;
(4) date of harvest from water body;
(5) date of packaging and labeling;
(6) bait store or vendor name where purchased; and
(7) disease-free certification date.
    Subd. 8. Persons using frozen or dead fish bait. A person on, or taking wild
animals in, waters of the state with frozen or dead fish bait must possess all labeling as
prescribed under subdivision 7. The person must retain the labeling until the bait is used
and no longer in the person's possession.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 63. Minnesota Statutes 2010, section 103B.101, subdivision 9, is amended to read:
    Subd. 9. Powers and duties. In addition to the powers and duties prescribed
elsewhere, the board shall:
(1) coordinate the water and soil resources planning and implementation activities of
counties, soil and water conservation districts, watershed districts, watershed management
organizations, and any other local units of government through its various authorities for
approval of local plans, administration of state grants, contracts and easements, and by
other means as may be appropriate;
(2) facilitate communication and coordination among state agencies in cooperation
with the Environmental Quality Board, and between state and local units of government,
in order to make the expertise and resources of state agencies involved in water and soil
resources management available to the local units of government to the greatest extent
possible;
(3) coordinate state and local interests with respect to the study in southwestern
Minnesota under United States Code, title 16, section 1009;
(4) develop information and education programs designed to increase awareness
of local water and soil resources problems and awareness of opportunities for local
government involvement in preventing or solving them;
(5) provide a forum for the discussion of local issues and opportunities relating
to water and soil resources management;
(6) adopt an annual budget and work program that integrate the various functions
and responsibilities assigned to it by law; and
(7) report to the governor and the legislature by October 15 of each even-numbered
year with an assessment of board programs and recommendations for any program
changes and board membership changes necessary to improve state and local efforts
in water and soil resources management.
The board may accept grants, gifts, donations, or contributions in money, services,
materials, or otherwise from the United States, a state agency, or other source to achieve
an authorized or delegated purpose. The board may enter into a contract or agreement
necessary or appropriate to accomplish the transfer. The board may conduct or participate
in local, state, or federal programs or projects that have as one purpose or effect the
preservation or enhancement of water and soil resources and may enter into and administer
agreements with local governments or landowners or their designated agents as part
of those programs or projects. The board may receive and expend money to acquire
conservation easements, as defined in chapter 84C, on behalf of the state and federal
government consistent with the Camp Ripley's Army Compatible Use Buffer Project.
Any money received is hereby deposited in an account in a fund other than the
general fund and appropriated and dedicated for the purpose for which it is granted.

    Sec. 64. [348.125] COYOTE CONFLICT MANAGEMENT OPTION.
A county or town board may, by resolution, offer a bounty for the taking of coyotes
(Canis latrans) by all legal methods. The resolution may be made applicable to the whole
or any part of the county or town. The bounty must apply during the months specified in
the resolution and be in an amount determined by the board.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 65. Minnesota Statutes 2010, section 604A.12, is amended to read:
604A.12 LIVESTOCK ACTIVITIES; IMMUNITY FROM LIABILITY.
    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
have the meanings given them.
(b) "Inherent risks of livestock activities" means dangers or conditions that are an
integral part of livestock activities, including:
(1) the propensity of livestock to behave in ways that may result in death or injury to
persons on or around them, such as kicking, biting, or bucking, or charging;
(2) the unpredictability of livestock's reaction to things like sound, sudden
movement, unfamiliar objects, persons, or other animals;
(3) natural hazards such as surface or subsurface conditions; or
(4) collisions with other livestock or objects.
(c) "Livestock" means cattle, sheep, swine, horses, ponies, donkeys, mules, hinnies,
goats, buffalo, llamas, or poultry.
(d) "Livestock activity" means an activity involving the maintenance or use of
livestock, regardless of whether the activity is open to the general public, and, except in
the case of livestock grazing under clause (7), provided the activity is not performed for
profit. Livestock activity includes:
(1) livestock production;
(2) loading, unloading, or transporting livestock;
(3) livestock shows, fairs, competitions, performances, races, rodeos, or parades;
(4) livestock training or teaching activities;
(5) boarding, shoeing, or grooming livestock; or
(6) riding or inspecting livestock or livestock equipment; or
(7) the use of state property for livestock grazing, pursuant to an agreement with the
commissioner of natural resources.
(e) "Livestock activity sponsor" means a person who sponsors, organizes, or
provides the facilities for a livestock activity that is open to the general public.
(f) "Participant" means a person who directly and intentionally engages in a livestock
activity. Participant does not include a spectator who is in an authorized area.
    Subd. 2. Immunity from liability; livestock events. ~~Except as provided in~~
~~subdivision 3,~~ A nonprofit corporation, association, or organization, or a person or other
entity donating services, livestock, facilities, or equipment for the use of a nonprofit
corporation, association, or organization, is not liable for the death of or an injury to a
participant resulting from the inherent risks of livestock activities.
    Subd. 3. Exceptions; livestock events. Subdivision 2 does not apply if any of
the following exist:
(1) the person provided livestock for the participant and failed to make reasonable
efforts to determine the ability of the participant to safely engage in the livestock activity
or to determine the ability of the participant to safely manage the particular livestock
based on the participant's representations of the participant's ability;
(2) the person provided equipment or tack for the livestock and knew or should have
known that it was faulty to the extent that it caused the injury or death;
(3) the person owns or leases the land upon which a participant was injured or died
because of a human-made dangerous latent condition and failed to use reasonable care
to protect the participant;
(4) the person is a livestock activity sponsor and fails to comply with the notice
requirement of subdivision 4; or
(5) the act or omission of the person was willful or negligent.
    Subd. 3a. Immunity from liability; grazing on public lands. (a) Any person
or entity grazing livestock on state lands under an agreement with the commissioner
of natural resources is not liable for damage to property or the death of or an injury to
a person due to the inherent risks of livestock activities.
(b) This subdivision does not apply if the person or entity grazing the livestock:
(1) fails to exercise reasonable care in using the land for grazing or in managing
the livestock; or
(2) maintains a condition in material violation of an agreement with the
commissioner of natural resources for use of the land, and the condition contributed
to the damage, death, or injury.
    Subd. 4. Posting notice. (a) A livestock activity sponsor shall post plainly visible
signs at one or more prominent locations in the premises where the livestock activity takes
place that include a warning of the inherent risks of livestock activity and the limitation of
liability under this section.
(b) The commissioner of natural resources shall post plainly visible signs at one or
more prominent locations on any state property being used for grazing purposes pursuant
to an agreement with the commissioner. The signs shall include a warning of the inherent
risks of livestock activity, and the limitations of liability provided in this section and
any other applicable law.
EFFECTIVE DATE; APPLICABILITY.This section is effective the day
following final enactment and applies to causes of action arising on or after that date. The
commissioner shall post notice as required by subdivision 4 on any property subject to a
livestock grazing agreement on the effective date of this section within 60 days of that date.

    Sec. 66. Minnesota Statutes 2010, section 604A.24, is amended to read:
604A.24 LIABILITY; LEASED LAND, WATER-FILLED MINE PITS;
MUNICIPAL POWER AGENCY LAND.
Unless otherwise agreed in writing, sections 604A.22 and 604A.23 also apply to
the duties and liability of an owner of the following land:
(1) land leased to the state or any political subdivision for recreational purpose; or
(2) idled or abandoned, water-filled mine pits whose pit walls may slump or cave,
and to which water the public has access from a water access site operated by a public
entity; or
(3) land of which a municipal power agency is an owner and that is used for
recreational trail purposes, and other land of a municipal power agency which is within
300 feet of such land if the entry onto such land was from land that is dedicated for
recreational purposes or recreational trail use; or
(4) land leased to the state or otherwise subject to an agreement or contract for
purposes of a state-sponsored walk-in access program.

    Sec. 67. RULEMAKING; GAME FARMS.
(a) The commissioner of natural resources shall amend Minnesota Rules, parts
6242.0900, subpart 1, and 6242.1000, subpart 1, to allow an option for game farm
licensees to use approved report and sales receipt formats.
(b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
section 14.388.

    Sec. 68. RULEMAKING; SPEARING ON CASS LAKE.
The commissioner of natural resources shall amend Minnesota Rules, part
6264.0400, subpart 69, to allow a person to take fish by spearing on Cass Lake. The
commissioner may use the good cause exemption under Minnesota Statutes, section
14.388, to adopt rules under this section, and Minnesota Statutes, section 14.386, does not
apply except as provided under Minnesota Statutes, section 14.388. Until July 1, 2016, the
commissioner shall not adopt restrictions on spearing northern pike on Cass Lake under
Minnesota Statutes, section 97C.001 or 97C.005.

    Sec. 69. DEER HUNTING RULES.
(a) If the commissioner of natural resources adopts a rule applicable for the Series
300 deer permit areas that imposes an antler point restriction for taking antlered deer,
other than that imposed under Minnesota Rules, part 6232.0200, subpart 6, the rule must
expire after the 2012 deer hunting season.
(b) The commissioner of natural resources may not reinstate an antler point
restriction for the Series 300 deer permit areas, other than that imposed under Minnesota
Rules, part 6232.0200, subpart 6, after the 2012 deer hunting season unless the legislature
approves the antler point restriction.
(c) The commissioner of natural resources shall amend Minnesota Rules, part
6232.1300, subpart 3, item B, to allow legal bucks to be taken in season option A for a
nine-day period beginning the Saturday nearest November 6. The commissioner may use
the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause
(3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not
apply except as provided in Minnesota Statutes, section 14.388.

    Sec. 70. REPEALER.
Minnesota Statutes 2010, sections 84.942, subdivisions 2, 3, and 4; 97A.015,
subdivisions 26b, 27b, and 27c; 97A.435, subdivision 5; 97B.511; 97B.515, subdivision 3;
and 97C.081, subdivision 2, are repealed.

    Sec. 71. EFFECTIVE DATE; RELATIONSHIP TO OTHER
APPROPRIATIONS.
Unless otherwise specified, this article is effective retroactively from July 1, 2011,
and supersedes and replaces funding authorized by order of the Second Judicial District
Court in Case No. 62-CV-11-5203.
Presented to the governor July 19, 2011
Signed by the governor July 20, 2011, 9:05 a.m.