1.1    .................... moves to amend H. F. No. 1651 as follows:
1.2Delete everything after the enacting clause and insert:

1.6	Section 1. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.

1.7    The sums shown in the columns marked "Appropriations" are appropriated to the
1.8agencies and for the purposes specified in this article. The appropriations are from the
1.9general fund, or another named fund, and are available for the fiscal years indicated
1.10for each purpose. The figures "2008" and "2009" used in this article mean that the
1.11appropriations listed under them are available for the fiscal year ending June 30, 2008, or
1.12June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
1.13year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
1.14year ending June 30, 2007, are effective the day following final enactment.

1.15				APPROPRIATIONS
1.16				Available for the Year
1.17				Ending June 30
1.18					2008		2009

1.19

Sec. 2. POLLUTION CONTROL AGENCY

1.20

Subdivision 1.Total Appropriation

$

100,271,000

$

99,989,000

1.21	Appropriations by Fund
1.22		2008	2009
1.23	General	27,232,000	27,233,000
1.24 1.25	State Government Special Revenue	48,000	48,000
1.26	Environmental	61,425,000	61,622,000
1.27	Remediation	11,566,000	11,086,000

2.1The amounts that may be spent for each
2.2purpose are specified in the following
2.3subdivisions.

2.4

Subd. 2.Water

42,928,000

42,248,000

2.5	Appropriations by Fund
2.6	General	23,326,000	23,266,000
2.7 2.8	State Government Special Revenue	48,000	48,000
2.9	Remediation	550,000	-0-
2.10	Environmental	19,004,000	18,934,000

2.11$2,348,000 the first year and $2,348,000
2.12the second year are for the clean water
2.13partnership program. Any balance remaining
2.14in the first year does not cancel and
2.15is available for the second year. This
2.16appropriation may be used for grants to
2.17local units of government for the purpose
2.18of restoring impaired waters listed under
2.19section 303(d) of the federal Clean Water
2.20Act in accordance with adopted total
2.21maximum daily loads (TMDL's), including
2.22implementation of approved clean water
2.23partnership diagnostic study work plans that
2.24will assist in restoration of such impaired
2.25waters.
2.26$2,324,000 the first year and $2,324,000
2.27the second year are for grants to delegated
2.28counties to administer the county feedlot
2.29program. The commissioner, in consultation
2.30with the Minnesota Association of County
2.31Feedlot Officers executive team, may use up
2.32to five percent of the annual appropriation
2.33for initiatives to enhance existing delegated
2.34county feedlot programs, information and
2.35education, or technical assistance to reduce
2.36feedlot-related pollution hazards. Any
3.1unexpended balance in the first year does not
3.2cancel but is available in the second year.
3.3$335,000 the first year and $335,000 the
3.4second year are for community technical
3.5assistance and education, including grants
3.6and technical assistance to communities for
3.7local and basinwide water quality protection.
3.8$405,000 the first year and $405,000 the
3.9second year are for individual sewage
3.10treatment system (ISTS) administration and
3.11grants. Of this amount, $86,000 each year
3.12is for assistance to counties through grants
3.13for ISTS program administration. Any
3.14unexpended balance in the first year does not
3.15cancel but is available in the second year.
3.16$480,000 the first year and $480,000 the
3.17second year are from the environmental
3.18fund to address the need for continued
3.19increased activity in the areas of new
3.20technology review, technical assistance
3.21for local governments, and enforcement
3.22under Minnesota Statutes, sections 115.55
3.23to 115.58, and to complete the requirements
3.24of Laws 2003, chapter 128, article 1, section
3.25165. Of this amount, $48,000 each year is for
3.26administration of individual septic tank fees.
3.27$375,000 the first year and $375,000 the
3.28second year are to monitor and analyze
3.29endocrine disruptors in surface waters in at
3.30least 20 additional sites. The data must be
3.31placed on the agency's Web site.
3.32$15,317,000 the first year and $15,317,000
3.33the second year are to implement the
3.34requirements of Minnesota Statutes, chapter
3.35114D. Of this amount, $6,317,000 each
4.1year is for completion of ten percent of the
4.2needed statewide assessments of surface
4.3water quality and trends and $9,000,000
4.4each year is to develop TMDL's and TMDL
4.5implementation plans for waters listed on
4.6the United States Environmental Protection
4.7Agency approved impaired waters list. The
4.8agency shall complete an average of ten
4.9percent of the TMDL's each year over the
4.10next ten years.
4.11$690,000 the first year and $690,000 the
4.12second year are from the environmental fund
4.13to provide regulatory services to the ethanol,
4.14mining, and other developing economic
4.15sectors.
4.16$88,000 the first year is for the endocrine
4.17disruptors report required to be completed
4.18under article 2.
4.19$550,000 is appropriated in fiscal year
4.202008 from the remediation fund to the
4.21commissioner of the Pollution Control
4.22Agency for transfer to the commissioner
4.23of health to conduct an evaluation of point
4.24of use water treatment units at removing
4.25perfluorooctanoic acid, perfluorooctane
4.26sulfonate, and perfluorobutanoic acid from
4.27known concentrations of these compounds
4.28in drinking water. The evaluation shall be
4.29completed by December 31, 2007, and the
4.30commissioner of health may contract for
4.31services to complete the evaluation.
4.32By January 15, 2008, the commissioner shall
4.33amend agency rules and, where legislative
4.34action is necessary, provide recommendations
4.35to the house of representatives and senate
5.1divisions on environmental finance on
5.2water and air fee changes that will result in
5.3revenue to the environmental fund to pay for
5.4regulatory services to the ethanol, mining,
5.5and other developing economic sectors.
5.6Notwithstanding Minnesota Statutes, section
5.716A.28, the appropriations encumbered
5.8under contract on or before June 30, 2009,
5.9for clean water partnership, individual
5.10sewage treatment systems (ISTS), Minnesota
5.11River, total maximum daily loads (TMDL's),
5.12stormwater contracts or grants, and local and
5.13basinwide water quality protection contracts
5.14or grants in this subdivision are available
5.15until June 30, 2011.

5.16

Subd. 3.Air

10,623,000

10,890,000

5.17	Appropriations by Fund
5.18	Environmental	10,623,000	10,890,000

5.19Up to $150,000 the first year and $150,000
5.20the second year may be transferred from the
5.21environmental fund to the small business
5.22environmental improvement loan account
5.23established in Minnesota Statutes, section
5.24116.993.
5.25$200,000 the first year and $200,000 the
5.26second year are from the environmental fund
5.27for a monitoring program under Minnesota
5.28Statutes, section 116.454.
5.29$125,000 the first year and $125,000 the
5.30second year are from the environmental fund
5.31for monitoring ambient air for hazardous
5.32pollutants in the metropolitan area.
5.33$760,000 the first year and $76,000 the
5.34second year are from the environmental fund
6.1to provide regulatory services to the ethanol,
6.2mining, and other developing economic
6.3sectors.

6.4

Subd. 4.Land

18,081,000

18,151,000

6.5	Appropriations by Fund
6.6	Environmental	7,065,000	7,065,000
6.7	Remediation	11,016,000	11,086,000

6.8All money for environmental response,
6.9compensation, and compliance in the
6.10remediation fund not otherwise appropriated
6.11is appropriated to the commissioners of the
6.12Pollution Control Agency and agriculture
6.13for purposes of Minnesota Statutes, section
6.14115B.20, subdivision 2, clauses (1), (2),
6.15(3), (6), and (7). At the beginning of each
6.16fiscal year, the two commissioners shall
6.17jointly submit an annual spending plan
6.18to the commissioner of finance and the
6.19house and senate chairs of environment and
6.20natural resources finance that maximizes the
6.21utilization of resources and appropriately
6.22allocates the money between the two
6.23departments. This appropriation is available
6.24until June 30, 2009.
6.25$3,616,000 the first year and $3,616,000
6.26the second year are transferred from the
6.27petroleum tank fund to the remediation fund
6.28for appropriation to the commissioner for
6.29purposes of the leaking underground storage
6.30tank program to protect the land.
6.31$252,000 the first year and $252,000 the
6.32second year are from the remediation fund to
6.33be transferred to the Department of Health
6.34for health assessments, drinking water
7.1advisories, and public information activities
7.2for areas contaminated by hazardous releases.

7.3

Subd. 5.Multimedia

4,879,000

4,911,000

7.4	Appropriations by Fund
7.5	General	2,288,000	2,320,000
7.6	Environmental	2,591,000	2,591,000

7.7$550,000 the first year and $550,000 the
7.8second year are from the environmental fund
7.9to provide regulatory services to the ethanol,
7.10mining, and other developing economic
7.11sectors.
7.12Notwithstanding Minnesota Statutes, section
7.1316A.28, the appropriations encumbered
7.14under contract on or before June 30, 2009, for
7.15total maximum daily load (TMDL) contracts
7.16or grants are available until June 30, 2011.

7.17

Subd. 6.Environmental Assistance

22,142,000

22,142,000

7.18$14,000,000 each year is from the
7.19environmental fund for SCORE block grants
7.20to counties.
7.21Any unencumbered grant and loan balances
7.22in the first year do not cancel but are available
7.23for grants and loans in the second year.
7.24All money deposited in the environmental
7.25fund for the metropolitan solid waste landfill
7.26fee under Minnesota Statutes, section
7.27473.843, and not otherwise appropriated, is
7.28appropriated to the agency for the purposes
7.29of Minnesota Statutes, section 473.844.
7.30$119,000 the first year and $119,000 the
7.31second year are from the environmental
7.32fund for environmental assistance grants
7.33or loans under Minnesota Statutes, section
7.34115A.0716.
8.1$1,200,000 the first year and $1,200,000 the
8.2second year are from the environmental fund
8.3to retrofit school buses statewide, including
8.4buses for preschool children, and for loans to
8.5small trucking firms to install equipment to
8.6reduce fuel consumption. This is a onetime
8.7appropriation.
8.8Notwithstanding Minnesota Statutes, section
8.916A.28, the appropriations encumbered
8.10under contract on or before June 30,
8.112009, for environmental assistance grants
8.12awarded under Minnesota Statutes, section
8.13115A.0716, and for technical and research
8.14assistance under Minnesota Statutes,
8.15section 115A.152, technical assistance
8.16under Minnesota Statutes, section 115A.52,
8.17and pollution prevention assistance under
8.18Minnesota Statutes, section 115D.04, are
8.19available until June 30, 2011.

8.20

Subd. 7.Administrative Support

1,618,000

1,647,000

8.21The commissioner may transfer money from
8.22the environmental fund to the remediation
8.23fund as necessary for the purposes of the
8.24remediation fund under Minnesota Statutes,
8.25section 116.155, subdivision 2.

8.26

Sec. 3. NATURAL RESOURCES

8.27

Subdivision 1.Total Appropriation

$

245,211,000

$

250,370,000

8.28	Appropriations by Fund
8.29		2008	2009
8.30	General	80,587,000	82,778,000
8.31	Natural Resources	74,251,000	75,260,000
8.32	Game and Fish	90,073,000	92,032,000
8.33	Remediation	100,000	100,000
8.34	Permanent School	200,000	200,000

9.1The amounts that may be spent for each
9.2purpose are specified in the following
9.3subdivisions.

9.4 9.5

Subd. 2.Land and Mineral Resources Management

11,461,000

11,448,000

9.6	Appropriations by Fund
9.7	General	6,347,000	6,406,000
9.8	Natural Resources	3,551,000	3,447,000
9.9	Game and Fish	1,363,000	1,395,000
9.10	Permanent School	200,000	200,000

9.11$475,000 the first year and $475,000 the
9.12second year are for iron ore cooperative
9.13research. Of this amount, $200,000 each year
9.14is from the minerals management account in
9.15the natural resources fund and $275,000 each
9.16year is from the general fund. $237,500 the
9.17first year and $237,500 the second year are
9.18available only as matched by $1 of nonstate
9.19money for each $1 of state money. The
9.20match may be cash or in-kind.
9.21$86,000 the first year and $86,000 the
9.22second year are for minerals cooperative
9.23environmental research, of which $43,000
9.24the first year and $43,000 the second year are
9.25available only as matched by $1 of nonstate
9.26money for each $1 of state money. The
9.27match may be cash or in-kind.
9.28$2,800,000 the first year and $2,696,000
9.29the second year are from the minerals
9.30management account in the natural resources
9.31fund for use as provided in Minnesota
9.32Statutes, section 93.2236, paragraph (c).
9.33$200,000 the first year and $200,000 the
9.34second year are from the state forest suspense
9.35account in the permanent school fund to
9.36accelerate land exchanges, land sales, and
10.1commercial leasing of school trust lands and
10.2to identify, evaluate, and lease construction
10.3aggregate located on school trust lands. This
10.4appropriation is to be used for securing
10.5maximum long-term economic return
10.6from the school trust lands consistent with
10.7fiduciary responsibilities and sound natural
10.8resources conservation and management
10.9principles.
10.10$15,000 the first year is for a report
10.11by February 1, 2008, to the house and
10.12senate committees with jurisdiction over
10.13environment and natural resources on
10.14proposed minimum legal and conservation
10.15standards that could be applied to
10.16conservation easements acquired with public
10.17money.
10.18$701,000 the first year and $701,000 the
10.19second year are to support the land records
10.20management system. Of this amount,
10.21$326,000 the first year and $326,000 the
10.22second year are from the game and fish fund
10.23and $375,000 the first year and $375,000 the
10.24second year are from the natural resources
10.25fund.

10.26

Subd. 3.Water Resources Management

12,931,000

13,116,000

10.27	Appropriations by Fund
10.28	General	12,651,000	12,836,000
10.29	Natural Resources	280,000	280,000

10.30$310,000 the first year and $310,000 the
10.31second year are for grants for up to 50
10.32percent of the cost of implementing the Red
10.33River mediation agreement.
10.34$65,000 the first year and $65,000 the
10.35second year are for a grant to the Mississippi
11.1Headwaters Board for up to 50 percent of
11.2the cost of implementing the comprehensive
11.3plan for the upper Mississippi within areas
11.4under the board's jurisdiction.
11.5$5,000 the first year and $5,000 the second
11.6year are for payment to the Leech Lake Band
11.7of Chippewa Indians to implement the band's
11.8portion of the comprehensive plan for the
11.9upper Mississippi.
11.10$200,000 the first year and $200,000 the
11.11second year are for the construction of ring
11.12dikes under Minnesota Statutes, section
11.13103F.161. The ring dikes may be publicly
11.14or privately owned. Any unencumbered
11.15balance does not cancel at the end of the
11.16first year and is available for the second
11.17year. If the appropriation in the first year is
11.18insufficient, the appropriation for the second
11.19year is available in the first year.
11.20$1,280,000 the first year and $1,280,000 the
11.21second year are to support the identification
11.22of impaired waters and develop plans to
11.23address those impairments, as required by
11.24the federal Clean Water Act.

11.25

Subd. 4.Forest Management

41,148,000

41,930,000

11.26	Appropriations by Fund
11.27	General	22,858,000	23,273,000
11.28	Natural Resources	18,033,000	18,393,000
11.29	Game and Fish	257,000	264,000

11.30$7,217,000 the first year and $7,217,000
11.31the second year are for prevention,
11.32presuppression, and suppression costs of
11.33emergency firefighting and other costs
11.34incurred under Minnesota Statutes, section
11.3588.12. If the appropriation for either
12.1year is insufficient to cover all costs of
12.2presuppression and suppression, the amount
12.3necessary to pay for these costs during the
12.4biennium is appropriated from the general
12.5fund.
12.6By November 15 of each year, the
12.7commissioner of natural resources shall
12.8submit a report to the chairs of the house
12.9and senate committees and divisions having
12.10jurisdiction over environment and natural
12.11resources finance, identifying all firefighting
12.12costs incurred and reimbursements received
12.13in the prior fiscal year. These appropriations
12.14may not be transferred. Any reimbursement
12.15of firefighting expenditures made to the
12.16commissioner from any source other than
12.17federal mobilizations shall be deposited into
12.18the general fund.
12.19$18,033,000 the first year and $18,393,000
12.20the second year are from the forest
12.21management investment account in the
12.22natural resources fund for only the purposes
12.23specified in Minnesota Statutes, section
12.2489.039, subdivision 2.
12.25$780,000 the first year and $780,000 the
12.26second year are for the Forest Resources
12.27Council for implementation of the
12.28Sustainable Forest Resources Act.
12.29$350,000 the first year and $350,000 the
12.30second year are for the FORIST timber
12.31management information system, other
12.32information systems, and for increased
12.33forestry management.
12.34$257,000 the first year and $264,000 the
12.35second year are from the game and fish
13.1fund to implement ecological classification
13.2systems (ECS) standards on forested
13.3landscapes. This appropriation is from
13.4revenue deposited in the game and fish fund
13.5under Minnesota Statutes, section 297A.94,
13.6paragraph (e), clause (1).
13.7$55,000 the first year and $55,000 the
13.8second year are to develop and implement
13.9a statewide information and education
13.10campaign regarding the proposed statewide
13.11ban on the transport, storage, or use of
13.12nonapproved firewood on state administered
13.13land.
13.14$75,000 the first year is to the Forest
13.15Resources Council for a task force on forest
13.16protection and $75,000 the second year is
13.17appropriated for grants to cities, counties,
13.18townships, special recreation areas, and park
13.19and recreation boards in cities of the first
13.20class for the identification, removal, disposal,
13.21and replacement of dead or dying shade trees
13.22lost to forest pests or disease. For purposes
13.23of this section, "shade tree" means a woody
13.24perennial grown primarily for aesthetic or
13.25environmental purposes with minimal to
13.26residual timber value. The commissioner
13.27shall consult with municipalities; park and
13.28recreation boards in cities of the first class;
13.29nonprofit organizations; and other interested
13.30parties in developing eligibility criteria.
13.31$50,000 the first year and $100,000 the
13.32second year are from the natural resources
13.33fund for forest road maintenance in support
13.34of all-terrain vehicle trails.

13.35

Subd. 5.Parks and Recreation Management

35,141,000

35,959,000

14.1	Appropriations by Fund
14.2	General	20,560,000	20,923,000
14.3	Natural Resources	14,581,000	15,036,000

14.4$640,000 the first year and $640,000 the
14.5second year are from the water recreation
14.6account in the natural resources fund for state
14.7park water access projects.
14.8$3,996,000 the first year and $3,996,000 the
14.9second year are from the natural resources
14.10fund for state park and recreation area
14.11operations. This appropriation is from the
14.12revenue deposited in the natural resources
14.13fund under Minnesota Statutes, section
14.14297A.94, paragraph (e), clause (2).
14.15$5,000 each year is for payment of expenses
14.16of the Cuyuna Country State Recreation Area
14.17Citizens Advisory Council.

14.18

Subd. 6.Trails and Waterways Management

29,442,000

29,647,000

14.19	Appropriations by Fund
14.20	General	2,528,000	2,548,000
14.21	Natural Resources	24,795,000	24,905,000
14.22	Game and Fish	2,119,000	2,194,000

14.23$7,924,000 the first year and $7,924,000
14.24the second year are from the snowmobile
14.25trails and enforcement account in the natural
14.26resources fund for snowmobile grants-in-aid.
14.27The additional money under this paragraph
14.28may be used for new grant-in-aid trails. Any
14.29unencumbered balance does not cancel at the
14.30end of the first year and is available for the
14.31second year.
14.32$1,140,000 the first year and $1,132,000 the
14.33second year are from the natural resources
14.34fund for off-highway vehicle grants-in-aid.
14.35Of this amount, $790,000 the first year
15.1and $882,000 the second year are from the
15.2all-terrain vehicle account; $150,000 each
15.3year is from the off-highway motorcycle
15.4account; and $200,000 the first year and
15.5$100,000 the second year are from the
15.6off-road vehicle account. Any unencumbered
15.7balance does not cancel at the end of the first
15.8year and is available for the second year.
15.9$261,000 the first year and $261,000 the
15.10second year are from the water recreation
15.11account in the natural resources fund for a
15.12safe harbor program on Lake Superior.
15.13$742,000 the first year and $760,000
15.14the second year are from the natural
15.15resources fund for state trail operations
15.16and maintenance. The money may be used
15.17for trail maintenance, signage, mapping,
15.18interpretation, native prairie restoration
15.19using best management practices, and
15.20maintenance of nonmotorized forest trails.
15.21This appropriation is from the revenue
15.22deposited in the natural resources fund
15.23under Minnesota Statutes, section 297A.94,
15.24paragraph (e), clause (2).
15.25$32,000 the first year and $107,000 the
15.26second year are from the game and fish
15.27fund for expenditures on water access sites
15.28according to the requirements of the federal
15.29sport and fish restoration program.

15.30

Subd. 7.Fish and Wildlife Management

67,072,000

68,394,000

15.31	Appropriations by Fund
15.32	General	3,255,000	3,255,000
15.33	Natural Resources	1,876,000	1,876,000
15.34	Game and Fish	61,941,000	63,263,000

16.1$410,000 the first year and $418,000 the
16.2second year are for resource population
16.3surveys in the 1837 treaty area. Of this
16.4amount, $274,000 the first year and $288,000
16.5the second year are from the game and fish
16.6fund.
16.7$8,061,000 the first year and $8,167,000
16.8the second year are from the heritage
16.9enhancement account in the game and
16.10fish fund for only the purposes specified
16.11in Minnesota Statutes, section 297A.94,
16.12paragraph (e), clause (1). Of this amount,
16.13$1,175,000 the first year and $1,175,000 the
16.14second year are for preserving, restoring, and
16.15enhancing grassland/wetland complexes on
16.16public lands.
16.17Notwithstanding Minnesota Statutes, section
16.1884.943, $13,000 the first year and $13,000
16.19the second year from the critical habitat
16.20private sector matching account may be used
16.21to publicize the critical habitat license plate
16.22match program.
16.23$8,000 the first year and $8,000 the second
16.24year are appropriated from the game and
16.25fish fund for transfer to the wild turkey
16.26management account for purposes specified
16.27in Minnesota Statutes, section 97A.075,
16.28subdivision 5.
16.29$108,000 the first year and $108,000 the
16.30second year are from the game and fish
16.31fund for costs associated with administering
16.32fishing contest permits.
16.33$182,000 the first year and $132,000 the
16.34second year are to accelerate wildlife health
16.35programs and to prevent the spread of
17.1disease from livestock and poultry to the
17.2wildlife population. $50,000 in the first
17.3year is for fencing cattle-feeding areas in
17.4bovine tuberculosis control zones, under the
17.5emergency deterrent materials assistance
17.6program in Minnesota Statutes, section
17.797A.028, subdivision 3. This appropriation
17.8is available until June 30, 2009. $66,000 of
17.9this amount is permanent.
17.10$575,000 the first year and $575,000 the
17.11second year are for preserving, restoring, and
17.12enhancing grassland/wetland complexes on
17.13public lands.
17.14$150,000 the first year and $150,000 the
17.15second year are from the game and fish fund
17.16to expand the roadsides for wildlife program.
17.17$175,000 the first year and $175,000 the
17.18second year are appropriated from the game
17.19and fish fund to the commissioner of natural
17.20resources for grants to Let's Go Fishing
17.21of Minnesota to promote opportunities for
17.22fishing. The grants must be matched with
17.23cash or in-kind contributions from nonstate
17.24sources. This is a onetime appropriation.

17.25

Subd. 8.Ecological Services

14,201,000

15,404,000

17.26	Appropriations by Fund
17.27	General	6,831,000	7,934,000
17.28	Natural Resources	3,488,000	3,519,000
17.29	Game and Fish	3,882,000	3,951,000

17.30$1,192,000 the first year and $1,223,000 the
17.31second year are from the nongame wildlife
17.32management account in the natural resources
17.33fund for the purpose of nongame wildlife
17.34management. Notwithstanding Minnesota
17.35Statutes, section 290.431, $100,000 the first
18.1year and $100,000 the second year may be
18.2used for nongame information, education,
18.3and promotion.
18.4$1,612,000 the first year and $1,636,000
18.5the second year are from the heritage
18.6enhancement account in the game and
18.7fish fund for only the purposes specified
18.8in Minnesota Statutes, section 297A.94,
18.9paragraph (e), clause (1), on public lands.
18.10$2,765,000 in the first year and $3,985,000
18.11in the second year, of which $1,795,000 the
18.12first year and $1,795,000 the second year
18.13are from the invasive species account in the
18.14natural resources fund for law enforcement
18.15and water access inspection to prevent the
18.16spread of invasive species, grants to manage
18.17invasive plants in public waters, technical
18.18assistance to grant applicants for improving
18.19lake quality, and management of terrestrial
18.20invasive species on state-administered
18.21lands. Priority shall be given to preventing
18.22the spread of aquatic invasive plants. An
18.23applicant for a grant to manage invasive
18.24plants in public waters must have a workable
18.25plan for improving water quality and
18.26reducing the need for additional treatment.
18.27Grants may not be made for chemicals that
18.28are likely endocrine disruptors. A plan to
18.29prevent the introduction of asian carp into
18.30Minnesota waters must be made available to
18.31the public by November 1, 2007.
18.32$125,000 the first year is to support
18.33a technical committee and for land
18.34management units that manage grass lands
18.35in order to develop plans to optimize native
19.1prairie seed harvest and replanting on
19.2state-owned lands. The work must use best
19.3management practices with an outcome of
19.4ensuring the survival of the native prairie
19.5remaining in Minnesota and to estimate
19.6the value of the seeds. Maximizing seed
19.7harvest may include allowing seed producers
19.8to keep a substantial portion of the seed as
19.9compensation for supplying equipment and
19.10labor.
19.11The Department of Natural Resources
19.12in cooperation with the Department of
19.13Agriculture and the Board of Water and
19.14Soil Resources shall establish a technical
19.15advisory committee which has the expertise
19.16to develop (1) criteria to identify public and
19.17private marginal lands which could be used
19.18to produce native prairie seeds of a local
19.19ecotype or restore native prairies that could
19.20be used to produce clean energy and (2)
19.21guidelines for production that ensure high
19.22carbon sequestration, protection of wildlife
19.23and waters, and minimization of inputs and
19.24that do not compromise the survival of the
19.25native prairie remaining in Minnesota. In
19.26addition to agency members, the advisory
19.27committee shall have one member from
19.28each of two farm organizations, one member
19.29from a sustainable farmer organization, one
19.30member each from three rural economic
19.31development organizations, one member
19.32each from three environmental organizations,
19.33and one member each from three wildlife or
19.34conservation organizations.
19.35$50,000 in the first year is for the
19.36commissioner, in consultation with the
20.1Environmental Quality Board, to report to
20.2the house and senate committees having
20.3jurisdiction over environmental policy
20.4and finance by February 1, 2008, on the
20.5Mississippi River critical area program. The
20.6report shall include the status of critical
20.7area plans, zoning ordinances, the number
20.8and types of revisions anticipated, and the
20.9nature and number of variances sought. The
20.10report shall include recommendations that
20.11adequately protect and manage the aesthetic
20.12integrity and natural environment of the river
20.13corridor.
20.14$1,500,000 the first year and $1,500,000 the
20.15second year are to support the identification
20.16of impaired waters and develop plans to
20.17address those impairments, as required by
20.18the federal Clean Water Act.

20.19

Subd. 9.Enforcement

30,021,000

30,697,000

20.20	Appropriations by Fund
20.21	General	3,336,000	3,392,000
20.22	Natural Resources	7,163,000	7,320,000
20.23	Game and Fish	19,422,000	19,885,000
20.24	Remediation	100,000	100,000

20.25$100,000 each year is for a conservation
20.26officer position to be stationed at Mississippi
20.27Headwaters State Forest to work with local
20.28jurisdictions, including Native American
20.29reservations, in enforcing state law along
20.30the Mississippi River from Lake Itasca
20.31downstream to Lake Bemidji and in the
20.32Bemidji region.
20.33$1,082,000 the first year and $1,082,000 the
20.34second year are from the water recreation
20.35account in the natural resources fund for
20.36grants to counties for boat and water safety.
21.1$100,000 the first year and $100,000 the
21.2second year are from the remediation fund
21.3for solid waste enforcement activities under
21.4Minnesota Statutes, section 116.073.
21.5$315,000 the first year and $315,000 the
21.6second year are from the snowmobile
21.7trails and enforcement account in the
21.8natural resources fund for grants to local
21.9law enforcement agencies for snowmobile
21.10enforcement activities.
21.11$1,164,000 the first year and $1,164,000
21.12the second year are from the heritage
21.13enhancement account in the game and
21.14fish fund for only the purposes specified
21.15in Minnesota Statutes, section 297A.94,
21.16paragraph (e), clause (1).
21.17$225,000 the first year and $225,000
21.18the second year are from the natural
21.19resources fund for grants to county law
21.20enforcement agencies for off-highway
21.21vehicle enforcement and public education
21.22activities based on off-highway vehicle use
21.23in the county. Of this amount, $213,000 each
21.24year is from the all-terrain vehicle account,
21.25$11,000 each year is from the off-highway
21.26motorcycle account, and $1,000 each year
21.27is from the off-road vehicle account. The
21.28county enforcement agencies may use
21.29money received under this appropriation
21.30to make grants to other local enforcement
21.31agencies within the county that have a high
21.32concentration of off-highway vehicle use. Of
21.33this appropriation, $25,000 each year is for
21.34administration of these grants.
22.1$15,000 the first year and $5,000 the second
22.2year are from the off-road vehicle account
22.3in the natural resources fund to establish
22.4the off-road vehicle environment and safety
22.5education and training program under
22.6Minnesota Statutes, section 84.8015.
22.7$50,000 the first year and $225,000 the
22.8second year are from the natural resources
22.9fund for grants to qualifying off-highway
22.10vehicle organizations to assist in safety and
22.11environmental education and monitoring
22.12trails on public lands. Of this appropriation,
22.13$25,000 each year is for administration of
22.14these grants.
22.15Overtime must be distributed to conservation
22.16officers at historical levels; however, a
22.17reasonable reduction or addition may be
22.18made to the officer's allocation, if justified,
22.19based on an individual officer's workload. If
22.20funding for enforcement is reduced because
22.21of an unallotment, the overtime bank may be
22.22reduced in proportion to reductions made in
22.23other areas of the budget.

22.24

Subd. 10.Operations Support

3,794,000

3,775,000

22.25	Appropriations by Fund
22.26	General	2,221,000	2,211,000
22.27	Natural Resources	484,000	484,000
22.28	Game and Fish	1,089,000	1,080,000

22.29$38,000 is from the game and fish fund for
22.30the study on the natural stands of wild rice
22.31required in article 2.
22.32$270,000 the first year and $270,000 the
22.33second year are from the natural resources
22.34fund for grants to be divided equally between
22.35the city of St. Paul for the Como Zoo
23.1and Conservatory and the city of Duluth
23.2for the Duluth Zoo. This appropriation
23.3is from the revenue deposited to the fund
23.4under Minnesota Statutes, section 297A.94,
23.5paragraph (e), clause (5).
23.6$55,000 in the first year and $7,000 in the
23.7second year are to be transferred to the
23.8Environmental Quality Board to fulfill the
23.9requirement of Minnesota Statutes, sections
23.10116C.92 and 116C.94.

23.11 23.12

Sec. 4. BOARD OF WATER AND SOIL RESOURCES

$

22,369,000

$

22,728,000

23.13$4,102,000 the first year and $4,102,000 the
23.14second year are for natural resources block
23.15grants to local governments. The board may
23.16reduce the amount of the natural resources
23.17block grant to a county by an amount equal to
23.18any reduction in the county's general services
23.19allocation to a soil and water conservation
23.20district from the county's previous year
23.21allocation when the board determines that
23.22the reduction was disproportionate. Grants
23.23must be matched with a combination of local
23.24cash or in-kind contributions. The base grant
23.25portion related to water planning must be
23.26matched by an amount that would be raised
23.27by a levy under Minnesota Statutes, section
23.28103B.3369.
23.29$3,566,000 the first year and $3,566,000
23.30the second year are for grants requested
23.31by soil and water conservation districts for
23.32general purposes, nonpoint engineering,
23.33and implementation of the reinvest in
23.34Minnesota conservation reserve program.
23.35Upon approval of the board, expenditures
23.36may be made from these appropriations for
24.1supplies and services benefiting soil and
24.2water conservation districts. Any district
24.3requesting a grant under this paragraph
24.4shall create and maintain a Web page that
24.5publishes, at a minimum, its annual plan,
24.6annual report, annual audit, and annual
24.7budget, including membership dues and
24.8meeting notices and minutes.
24.9$3,250,000 the first year and $3,250,000
24.10the second year are for grants to soil and
24.11water conservation districts for cost-sharing
24.12contracts for erosion control and water
24.13quality management. Of this amount, at least
24.14$1,200,000 the first year and $1,200,000 the
24.15second year are for grants for cost-sharing
24.16contracts to establish and maintain vegetation
24.17buffers of restored native prairie and restored
24.18prairie using seeds of a local ecotype region.
24.19$300,000 the first year and $300,000 the
24.20second year are available to begin county
24.21cooperative weed management programs
24.22on natural lands and private lands enrolled
24.23in state and federal conservation programs
24.24and to restore native plants in selected
24.25invasive species management sites by
24.26providing local native seeds and plants
24.27to landowners for implementation. This
24.28appropriation is available until expended. If
24.29the appropriation in either year is insufficient,
24.30the appropriation in the other year is available
24.31for it. Notwithstanding Minnesota Statutes,
24.32section 103C.501, any balance in the board's
24.33cost-share program that remains from the
24.34fiscal year 2007 appropriation is available
24.35in an amount up to $2,000 for a grant to
24.36the Faribault Soil and Water Conservation
25.1District to pay for erosion repair on the Blue
25.2Earth River.
25.3The board shall develop a forestry practice
25.4docket for cost-share money.
25.5$100,000 the first year and $100,000 the
25.6second year are for a grant to the Red
25.7River Basin Commission to develop a Red
25.8River basin plan and to coordinate water
25.9management activities in the states and
25.10provinces bordering the Red River. The
25.11unencumbered balance in the first year does
25.12not cancel but is available for the second
25.13year.
25.14$5,450,000 the first year and $5,450,000
25.15the second year are for implementation of
25.16the Clean Water Legacy Act as follows:
25.17$1,500,000 each year is for targeted
25.18nonpoint restoration cost-share and incentive
25.19payments, of which up to $1,400,000
25.20each year is available for grants. Of this
25.21amount, $250,000 each year must be
25.22contracted for services with the Minnesota
25.23Conservation Corp. The grant funds are
25.24available until expended; $2,000,000 each
25.25year is for targeted nonpoint restoration and
25.26protection and technical, compliance, and
25.27engineering assistance activities, of which
25.28up to $1,700,000 each year is available for
25.29grants; $200,000 each year is for reporting
25.30and evaluating applied soil and water
25.31conservation practices; $1,650,000 each year
25.32is for grants to implement county individual
25.33sewage treatment system programs. Of this
25.34amount, after a county has complied with
25.35requirements to adopt ordinances pursuant
26.1to Minnesota Statutes, section 115.55,
26.2subdivision 2, the county may request grants
26.3of up to $60,000 the first year and $60,000
26.4the second year to inventory properties with
26.5individual sewage treatment systems that
26.6are an imminent threat to public health or
26.7safety due to water discharges of untreated
26.8sewage, and require compliance under an
26.9applicable ordinance. The grant amount
26.10shall be proportional to the number of
26.11properties expected to be inventoried. Each
26.12county receiving an appropriation under
26.13this paragraph shall report the number of
26.14inspections and the number determined to be
26.15an imminent threat to public health or safety
26.16to the Pollution Control Agency by February
26.171 of each year; and $100,000 each year is
26.18to the Minnesota River Basin Joint Powers
26.19Board, also known as the Minnesota River
26.20Board, for operating expenses to measure
26.21and report the results of projects in the 12
26.22major watersheds within the Minnesota
26.23River basin. If the appropriation in either
26.24year is insufficient, the appropriation in
26.25the other year is available for it. All of
26.26the money appropriated in this paragraph
26.27as grants to local governments shall be
26.28administered through the Board of Water
26.29and Soil Resources' local water resources
26.30protection and management program under
26.31Minnesota Statutes, section 103B.3369.
26.32$140,000 the first year and $140,000
26.33the second year are for a grant to Area
26.34II, Minnesota River Basin Projects,
26.35for floodplain management, including
26.36administration of programs.
27.1$1,120,000 the first year and $1,060,000 the
27.2second year may be spent for the following
27.3purposes to support implementation of the
27.4Wetland Conservation Act: $500,000 each
27.5year is to make grants to local units of
27.6governments to improve response to major
27.7wetland violations; $500,000 each year is for
27.8staffing to provide adequate state oversight
27.9and technical support to local governments
27.10administering the Wetland Conservation Act;
27.11$60,000 each year is for staff to monitor and
27.12enforce wetland replacement and wetland
27.13bank sites; and $60,000 the first year is
27.14for rulemaking required by changes to the
27.15Wetland Conservation Act.
27.16$450,000 the first year and $800,000
27.17the second year are to implement
27.18recommendations of the Drainage Work
27.19Group to enhance public drainage and
27.20modernization as follows: $150,000 the first
27.21year is to develop guidelines for drainage
27.22records preservation and modernization;
27.23$500,000 the second year is for cost-share
27.24grants to local governments for public
27.25drainage records modernization; and
27.26$300,000 each year is to provide assistance
27.27to local drainage management officials, to
27.28facilitate the work of the Drainage Work
27.29Group, to staff a drainage assistance team,
27.30and to update the Minnesota Public Drainage
27.31Manual. All of the money appropriated in
27.32this paragraph as grants to local governments
27.33shall be administered through the Board
27.34of Water and Soil Resources' local water
27.35resources protection and management
28.1program under Minnesota Statutes, section
28.2103B.3369.
28.3In addition to other authorities, the Board
28.4of Water and Soil Resources may reduce,
28.5withhold, or redirect grants and other funding
28.6if the local water management entity has
28.7not corrected deficiencies as prescribed in a
28.8notice from the board within one year from
28.9the date of the notice.

28.10

Sec. 5. METROPOLITAN COUNCIL

$

8,620,000

$

8,620,000

28.11	Appropriations by Fund
28.12		2008	2009
28.13	General	4,050,000	4,050,000
28.14	Natural Resources	4,570,000	4,570,000

28.15$4,050,000 the first year and $4,050,000
28.16the second year are for metropolitan parks
28.17operations.
28.18$4,570,000 the first year and $4,570,000 the
28.19second year are from the natural resources
28.20fund for metropolitan area regional parks
28.21and trails maintenance and operations. This
28.22appropriation is from the revenue deposited
28.23in the natural resources fund under Minnesota
28.24Statutes, section 297A.94, paragraph (e),
28.25clause (3).

28.26 28.27

Sec. 6. MINNESOTA CONSERVATION CORPS

$

840,000

$

840,000

28.28	Appropriations by Fund
28.29		2008	2009
28.30	General	350,000	350,000
28.31	Natural Resources	490,000	490,000

28.32The Minnesota Conservation Corps may
28.33receive money appropriated from the
28.34natural resources fund under this section
29.1only as provided in an agreement with the
29.2commissioner of natural resources.


29.5    Section 1. Minnesota Statutes 2006, section 10A.01, subdivision 35, is amended to
29.6read:
29.7    Subd. 35. Public official. "Public official" means any:
29.8    (1) member of the legislature;
29.9    (2) individual employed by the legislature as secretary of the senate, legislative
29.10auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or
29.11attorney in the Office of Senate Counsel and Research or House Research;
29.12    (3) constitutional officer in the executive branch and the officer's chief administrative
29.13deputy;
29.14    (4) solicitor general or deputy, assistant, or special assistant attorney general;
29.15    (5) commissioner, deputy commissioner, or assistant commissioner of any state
29.16department or agency as listed in section 15.01 or 15.06, or the state chief information
29.17officer;
29.18    (6) member, chief administrative officer, or deputy chief administrative officer of a
29.19state board or commission that has either the power to adopt, amend, or repeal rules under
29.20chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
29.21    (7) individual employed in the executive branch who is authorized to adopt, amend,
29.22or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
29.23    (8) executive director of the State Board of Investment;
29.24    (9) deputy of any official listed in clauses (7) and (8);
29.25    (10) judge of the Workers' Compensation Court of Appeals;
29.26    (11) administrative law judge or compensation judge in the State Office of
29.27Administrative Hearings or referee in the Department of Employment and Economic
29.28Development;
29.29    (12) member, regional administrator, division director, general counsel, or operations
29.30manager of the Metropolitan Council;
29.31    (13) member or chief administrator of a metropolitan agency;
29.32    (14) director of the Division of Alcohol and Gambling Enforcement in the
29.33Department of Public Safety;
29.34    (15) member or executive director of the Higher Education Facilities Authority;
29.35    (16) member of the board of directors or president of Minnesota Technology, Inc.;
30.1    (17) member of the board of directors or executive director of the Minnesota State
30.2High School League;
30.3    (18) member of the Minnesota Ballpark Authority established in section 473.755; or
30.4    (19) citizen member of the Legislative-Citizen Commission on Minnesota
30.5Resources. ;
30.6    (20) manager of a watershed district or member of a watershed management
30.7organization; or
30.8    (21) supervisor of a soil and water conservation district.

30.9    Sec. 2. Minnesota Statutes 2006, section 15.99, subdivision 3, is amended to read:
30.10    Subd. 3. Application; extensions. (a) The time limit in subdivision 2 begins upon
30.11the agency's receipt of a written request containing all information required by law or by
30.12a previously adopted rule, ordinance, or policy of the agency, including the applicable
30.13application fee. If an agency receives a written request that does not contain all required
30.14information, the 60-day limit starts over only if the agency sends written notice within 15
30.15business days of receipt of the request telling the requester what information is missing.
30.16    (b) If a request relating to zoning, septic systems, watershed district review, soil and
30.17water conservation district review, or expansion of the metropolitan urban service area
30.18requires the approval of more than one state agency in the executive branch, the 60-day
30.19period in subdivision 2 begins to run for all executive branch agencies on the day a request
30.20containing all required information is received by one state agency. The agency receiving
30.21the request must forward copies to other state agencies whose approval is required.
30.22    (c) An agency response, including an approval with conditions, meets the 60-day
30.23time limit if the agency can document that the response was sent within 60 days of receipt
30.24of the written request. Failure to satisfy the conditions, if any, may be a basis to revoke
30.25or rescind the approval by the agency and will not give rise to a claim that the 60-day
30.26limit was not met.
30.27    (d) The time limit in subdivision 2 is extended if a state statute, federal law, or court
30.28order requires a process to occur before the agency acts on the request, and the time
30.29periods prescribed in the state statute, federal law, or court order make it impossible to
30.30act on the request within 60 days. In cases described in this paragraph, the deadline is
30.31extended to 60 days after completion of the last process required in the applicable statute,
30.32law, or order. Final approval of an agency receiving a request is not considered a process
30.33for purposes of this paragraph.
30.34    (e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state
30.35agency requires prior approval of a federal agency; or (2) an application submitted to
30.36a city, county, town, school district, metropolitan or regional entity, or other political
31.1subdivision requires prior approval of a state or federal agency. In cases described in
31.2this paragraph, the deadline for agency action is extended to 60 days after the required
31.3prior approval is granted.
31.4    (f) An agency may extend the time limit in subdivision 2 before the end of the
31.5initial 60-day period by providing written notice of the extension to the applicant. The
31.6notification must state the reasons for the extension and its anticipated length, which may
31.7not exceed 60 days unless approved by the applicant.
31.8    (g) An applicant may by written notice to the agency request an extension of the
31.9time limit under this section.
31.10EFFECTIVE DATE.This section is effective the day following final enactment.

31.11    Sec. 3. Minnesota Statutes 2006, section 16A.531, subdivision 1a, is amended to read:
31.12    Subd. 1a. Revenues. The following revenues must be deposited in the
31.13environmental fund:
31.14    (1) all revenue from the motor vehicle transfer fee imposed under section 115A.908;
31.15    (2) all fees collected under section 116.07, subdivision 4d;
31.16    (3) all money collected by the Pollution Control Agency in enforcement matters
31.17as provided in section 115.073;
31.18    (4) all revenues from license fees for individual sewage treatment systems under
31.19section 115.56;
31.20    (5) all loan repayments deposited under section 115A.0716;
31.21    (6) all revenue from pollution prevention fees imposed under section 115D.12;
31.22    (7) all loan repayments deposited under section 116.994;
31.23    (8) all fees collected under section 116C.834;
31.24    (9) revenue collected from the solid waste management tax pursuant to chapter 297H;
31.25    (10) fees collected under section 473.844; and
31.26    (11) interest accrued on the fund; and
31.27    (12) money received in the form of gifts, grants, reimbursement, or appropriation
31.28from any source for any of the purposes provided in subdivision 2, except federal grants.

31.29    Sec. 4. [17.035] VENISON DISTRIBUTION AND REIMBURSEMENT.
31.30    Subdivision 1. Reimbursement. A meat processor holding a license under chapter
31.3128A may apply to the commissioner of agriculture for reimbursement of $70 towards the
31.32cost of processing a deer donated according to subdivision 1. The meat processor shall
31.33deliver the deer, processed into cuts or ground meat, to a charitable organization that is
31.34registered under chapter 309 and with the commissioner of agriculture and that operates
31.35a food assistance program. To request reimbursement, the processor shall submit an
32.1application, on a form prescribed by the commissioner of agriculture, the tag number
32.2under which the deer was taken, and a receipt for the deer from the charitable organization.
32.3    Subd. 2. Distribution. (a) The commissioner of agriculture shall ensure the
32.4equitable statewide distribution of processed deer by requiring the charitable organization
32.5to allocate and distribute processed deer according to the allocation formula used in the
32.6distribution of United States Department of Agriculture commodities under the federal
32.7emergency food assistance program. The charitable organization must submit quarterly
32.8reports to the commissioner on forms prescribed by the commissioner. The reports must
32.9include, but are not limited to, information on the amount of processed deer received and
32.10the organizations to which the meat was distributed.
32.11    (b) The commissioner of agriculture may adopt rules to implement this section.

32.12    Sec. 5. Minnesota Statutes 2006, section 84.025, subdivision 9, is amended to read:
32.13    Subd. 9. Professional services support account. The commissioner of natural
32.14resources may bill the various programs carried out by the commissioner for the costs of
32.15providing them with professional support services. Except as provided under section
32.1689.421, receipts must be credited to a special account in the state treasury and are
32.17appropriated to the commissioner to pay the costs for which the billings were made.
32.18    The commissioner of natural resources shall submit to the commissioner of finance
32.19before the start of each fiscal year a work plan showing the estimated work to be done
32.20during the coming year, the estimated cost of doing the work, and the positions and fees
32.21that will be necessary. This account is exempted from statewide and agency indirect
32.22cost payments.

32.23    Sec. 6. [84.02] DEFINITIONS.
32.24    Subdivision 1. Definitions. For purposes of this chapter, the terms defined in this
32.25section shall have the meanings given them.
32.26    Subd. 2. Best management practice for native prairie restoration. "Best
32.27management practice for native prairie restoration" means using seeds collected from a
32.28native prairie within the same county or within 25 miles of the county's border, but not
32.29across the boundary of an ecotype region.
32.30    Subd. 3. Created grassland. "Created grassland" means a restoration using seeds
32.31or plants with origins outside of the state of Minnesota.
32.32    Subd. 4. Ecotype region. "Ecotype region" means the following ecological
32.33subsections and counties based on the Department of Natural Resources map, "County
32.34Landscape Groupings Based on Ecological Subsections," dated February 15, 2007.

33.1	Ecotype Region	Counties or portions thereof:
33.2 33.3 33.4	Rochester Plateau, Blufflands, and Oak Savanna	Houston, Winona, Fillmore, Wabasha, Goodhue, Mower, Freeborn, Steele, Olmsted, Rice, Waseca, Dakota, Dodge
33.5 33.6 33.7	Anoka Sand Plain, Big Woods, and St. Paul Baldwin Plains and Moraines	Anoka, Hennepin, Ramsey, Washington, Chisago, Scott, Carver, McLeod, Wright, Benton, Isanti, Le Sueur, Sherburne
33.8 33.9	Inner Coteau and Coteau Moraines	Lincoln, Lyon, Pipestone, Rock, Murray, Nobles, Jackson, Cottonwood
33.10	Red River Prairie (South)	Traverse, Wilkin, Clay, Becker
33.11 33.12 33.13	Red River Prairie (North) and Aspen Parklands	Kittson, Roseau, Red Lake, Pennington, Marshall, Clearwater, Mahnomen, Polk, Norman
33.14 33.15 33.16	Minnesota River Prairie (North)	Big Stone, Pope, Stevens, Grant, Swift, Chippewa, Meeker, Kandiyohi, Renville, Lac qui Parle, Yellow Medicine
33.17 33.18	Minnesota River Prairie (South)	Nicollet, Redwood, Brown, Watonwan, Martin, Faribault, Blue Earth, Sibley
33.19 33.20	Hardwood Hills	Douglas, Morrison, Otter Tail, Stearns, Todd

33.21    Subd. 5. Native prairie. "Native prairie" means land that has never been plowed
33.22where native prairie vegetation originating from the site currently predominates or, if
33.23disturbed, is predominantly covered with native prairie vegetation that originated from the
33.24site. Unbroken pasture land used for livestock grazing can be considered native prairie if it
33.25has predominantly native vegetation originating from the site and conservation practices
33.26have maintained biological diversity.
33.27    Subd. 6. Native prairie species of a local ecotype. "Native prairie species of a local
33.28ecotype" means a genetically differentiated population of a species that has at least one
33.29trait (morphological, biochemical, fitness, or phenological) that is evolutionarily adapted
33.30to local environmental conditions, notably plant competitors, pathogens, pollinators, soil
33.31microorganisms, growing season length, climate, hydrology, and soil.
33.32    Subd. 7. Restored native prairie. "Restored native prairie" means a restoration
33.33using at least 25 representative and biologically diverse native prairie plant species of a
33.34local ecotype originating in the same county as the restoration site or within 25 miles of
33.35the county's border, but not across the boundary of an ecotype region.
33.36    Subd. 8. Restored prairie. "Restored prairie" means a restoration using at least
33.3725 representative and biologically diverse native prairie plant species originating from
33.38the same ecotype region in which the restoration occurs.

33.39    Sec. 7. Minnesota Statutes 2006, section 84.026, subdivision 1, is amended to read:
34.1    Subdivision 1. Contracts. The commissioner of natural resources is authorized
34.2to enter into contractual agreements with any public or private entity for the provision
34.3of statutorily prescribed natural resources services by the department. The contracts
34.4shall specify the services to be provided. Except as provided under section 89.421, funds
34.5generated in a contractual agreement made pursuant to this section shall be deposited in
34.6the special revenue fund and are appropriated to the department for purposes of providing
34.7the services specified in the contracts. The commissioner shall report revenues collected
34.8and expenditures made under this subdivision to the chairs of the Committees on Ways and
34.9Means in the house and Finance in the senate by January 1 of each odd-numbered year.

34.10    Sec. 8. Minnesota Statutes 2006, section 84.0272, is amended by adding a subdivision
34.11to read:
34.12    Subd. 5. Easement information. Parties to an easement purchased under the
34.13authority of the commissioner must:
34.14    (1) specify in the easement all provisions that are perpetual in nature;
34.15    (2) file the easement with the county recorder or registrar of titles in the county
34.16in which the land is located; and
34.17    (3) submit an electronic copy of the easement to the commissioner.

34.18    Sec. 9. Minnesota Statutes 2006, section 84.0855, subdivision 1, is amended to read:
34.19    Subdivision 1. Sales authorized; gift certificates. The commissioner may
34.20sell natural resources-related publications and maps; forest resource assessment
34.21products; federal migratory waterfowl, junior duck, and other federal stamps; and other
34.22nature-related merchandise, and may rent or sell items for the convenience of persons using
34.23Department of Natural Resources facilities or services. The commissioner may sell gift
34.24certificates for any items rented or sold. Notwithstanding section 16A.1285, a fee charged
34.25by the commissioner under this section may include a reasonable amount in excess of the
34.26actual cost to support Department of Natural Resources programs. The commissioner may
34.27advertise the availability of a program or item offered under this section.

34.28    Sec. 10. Minnesota Statutes 2006, section 84.0855, subdivision 2, is amended to read:
34.29    Subd. 2. Receipts; appropriation. Except as provided under section 89.421,
34.30money received by the commissioner under this section or to buy supplies for the use of
34.31volunteers, may be credited to one or more special accounts in the state treasury and is
34.32appropriated to the commissioner for the purposes for which the money was received.
34.33Money received from sales at the state fair shall be available for state fair related costs.
34.34Money received from sales of intellectual property and software products or services shall
34.35be available for development, maintenance, and support of software products and systems.

35.1    Sec. 11. Minnesota Statutes 2006, section 84.780, is amended to read:
35.284.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.
35.3    (a) The off-highway vehicle damage account is created in the natural resources fund.
35.4Money in the off-highway vehicle damage account is appropriated to the commissioner
35.5of natural resources for the repair or restoration of property damaged by the operation of
35.6off-highway vehicles in an unpermitted illegal area after August 1, 2003, and for the costs
35.7of administration for this section. Before the commissioner may make a payment from
35.8this account, the commissioner must determine whether the damage to the property was
35.9caused by the unpermitted illegal use of off-highway vehicles, that the applicant has made
35.10reasonable efforts to identify the responsible individual and obtain payment from the
35.11individual, and that the applicant has made reasonable efforts to prevent reoccurrence.
35.12By June 30, 2008, the commissioner of finance must transfer the remaining balance in the
35.13account to the off-highway motorcycle account under section 84.794, the off-road vehicle
35.14account under section 84.803, and the all-terrain vehicle account under section 84.927.
35.15The amount transferred to each account must be proportionate to the amounts received in
35.16the damage account from the relevant off-highway vehicle accounts.
35.17    (b) Determinations of the commissioner under this section may be made by written
35.18order and are exempt from the rulemaking provisions of chapter 14. Section 14.386
35.19does not apply.
35.20    (c) This section expires July 1, 2008 These funds are available until expended.

35.21    Sec. 12. [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION
35.22PROGRAM.
35.23    Subdivision 1. Creation. The commissioner of natural resources shall establish
35.24a program to promote the safe and responsible operation of off-highway vehicles in a
35.25manner that does not harm the environment. The commissioner shall coordinate the
35.26program through the regional offices of the Department of Natural Resources.
35.27    Subd. 2. Purpose. The purpose of the program is to encourage off-highway vehicle
35.28clubs to assist, on a volunteer basis, in improving, maintaining, and monitoring of trails on
35.29state forest land and other public lands.
35.30    Subd. 3. Agreements. (a) The commissioner shall enter into informal agreements
35.31with off-highway vehicle clubs for volunteer services to maintain, make improvements to,
35.32and monitor trails on state forest land and other public lands. The off-highway vehicle
35.33clubs shall promote the operation of off-highway vehicles in a safe and responsible manner
35.34that complies with the laws and rules that relate to the operation of off-highway vehicles.
36.1    (b) The off-highway vehicle clubs may provide assistance to the department in
36.2locating, recruiting, and training instructors for off-highway vehicle training programs.
36.3    (c) The commissioner may provide assistance to enhance the comfort and safety
36.4of volunteers and to facilitate the implementation and administration of the safety and
36.5conservation program.
36.6    Subd. 4. Worker displacement prohibited. The commissioner may not enter into
36.7any agreement that has the purpose of or results in the displacement of public employees
36.8by volunteers participating in the off-highway safety and conservation program under
36.9this section. The commissioner must certify to the appropriate bargaining agent that the
36.10work performed by a volunteer will not result in the displacement of currently employed
36.11workers or workers on seasonal layoff or layoff from a substantially equivalent position,
36.12including partial displacement such as reduction in hours of nonovertime work, wages, or
36.13other employment benefits.

36.14    Sec. 13. Minnesota Statutes 2006, section 84.927, subdivision 2, is amended to read:
36.15    Subd. 2. Purposes. Subject to appropriation by the legislature, money in the
36.16all-terrain vehicle account may only be spent for:
36.17    (1) the education and training program under section 84.925;
36.18    (2) administration, enforcement, and implementation of sections 84.773 to 84.929;
36.19    (3) acquisition, maintenance, and development of vehicle trails and use areas;
36.20    (4) grant-in-aid programs to counties and municipalities to construct and maintain
36.21all-terrain vehicle trails and use areas;
36.22    (5) grants-in-aid to local safety programs; and
36.23    (6) enforcement and public education grants to local law enforcement agencies.; and
36.24    (7) maintenance of minimum-maintenance forest roads according to section 89.71,
36.25subdivision 5, and county forest roads within state forest boundaries as defined under
36.26section 89.021.
36.27    The distribution of funds made available through grant-in-aid programs must be
36.28guided by the statewide comprehensive outdoor recreation plan.

36.29    Sec. 14. Minnesota Statutes 2006, section 84.963, is amended to read:
36.3084.963 PRAIRIE PLANT SEED PRODUCTION AREAS.
36.31    (a) The commissioner of natural resources shall study the feasibility of establishing
36.32private or public prairie plant seed production areas within prairie land locations. If
36.33prairie plant seed production is feasible, the commissioner may aid the establishment of
36.34production areas. The commissioner may enter cost-share or sharecrop agreements with
36.35landowners having easements for conservation purposes of ten or more years on their land
37.1to commercially produce prairie plant seed of Minnesota origin. The commissioner may
37.2only aid prairie plant seed production areas on agricultural land used to produce crops
37.3before December 23, 1985, and cropped three out of five years between 1981 and 1985.
37.4    (b) The commissioner shall compile, prepare, and electronically disseminate to
37.5the public prairie establishment guidance materials and resources. The resources must
37.6provide information and guidance on project planning, seed selection including ecotype
37.7and species mix, site preparation, seeding, maintenance, and technical service providers.
37.8The commissioner shall use actual prairie restoration projects under development on
37.9state-owned land to illustrate and demonstrate the practices described.

37.10    Sec. 15. Minnesota Statutes 2006, section 84D.13, subdivision 7, is amended to read:
37.11    Subd. 7. Satisfaction of civil penalties. A civil penalty is due and a watercraft
37.12license suspension is effective 30 days after issuance of the civil citation. A civil penalty
37.13collected under this section is payable to the commissioner and must be credited to the
37.14water recreation account invasive species account.

37.15    Sec. 16. [84D.15] INVASIVE SPECIES ACCOUNT.
37.16    Subdivision 1. Creation. The invasive species account is created in the state
37.17treasury in the natural resources fund.
37.18    Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
37.19section 86B.415, subdivision 7, and civil penalties under section 84D.13 shall be deposited
37.20in the invasive species account. Each year, the commissioner of finance shall transfer from
37.21the game and fish fund to the invasive species account, the annual surcharge collected on
37.22nonresident fishing licenses under section 97A.475, subdivision 7, paragraph (b).
37.23    Subd. 3. Use of money in account. Money credited to the invasive species account
37.24in subdivision 2 shall be used for management of invasive species and implementation of
37.25this chapter as it pertains to invasive species, including control, public awareness, law
37.26enforcement, assessment and monitoring, management planning, and research.

37.27    Sec. 17. [85.0146] CUYUNA COUNTRY STATE RECREATION AREA;
37.28CITIZENS ADVISORY COUNCIL.
37.29    Subdivision 1. Advisory council created. The Cuyuna Country State Recreation
37.30Area Citizens Advisory Council is established. Membership on the advisory council
37.31shall include:
37.32    (1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers
37.33Board;
37.34    (2) a representative of the Croft Mine Historical Park Joint Powers Board;
38.1    (3) a designee of the Cuyuna Range Mineland Reclamation Committee who has
38.2worked as a miner in the local area;
38.3    (4) a representative of the Crow Wing County Board;
38.4    (5) an elected state official;
38.5    (6) a representative of the Grand Rapids regional office of the Department of Natural
38.6Resources;
38.7    (7) a designee of the Iron Range Resources and Rehabilitation Board;
38.8    (8) a designee of the local business community selected by the area chambers of
38.9commerce;
38.10    (9) a designee of the local environmental community selected by the Crow Wing
38.11County District 5 commissioner;
38.12    (10) a designee of a local education organization selected by the Crosby-Ironton
38.13School Board;
38.14    (11) a designee of one of the recreation area user groups selected by the Cuyuna
38.15Range Chamber of Commerce; and
38.16    (12) a member of the Cuyuna Country Heritage Preservation Society.
38.17    Subd. 2. Administration. (a) The advisory council must meet at least four times
38.18annually. The council shall elect a chair and meetings shall be at the call of the chair.
38.19    (b) Members of the advisory council shall serve as volunteers for two-year terms
38.20with the ability to be reappointed. Members shall accept no per diem.
38.21    (c) The state recreation area manager may attend the council meetings and advise
38.22the council of issues in management of the recreation area.
38.23    (d) Before a major decision is implemented in the Cuyuna Country State Recreation
38.24Area, the area manager must consult with the council and take into consideration any
38.25council comments or advice that may impact the major decision.

38.26    Sec. 18. Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision
38.27to read:
38.28    Subd. 13. Cuyuna Country State Recreation Area. A state park permit is not
38.29required and a fee may not be charged for motor vehicle entry or parking at Croft Mine
38.30Historical Park and Portsmouth Mine Lake Overlook in Cuyuna Country State Recreation
38.31Area, except for overnight camping.

38.32    Sec. 19. Minnesota Statutes 2006, section 86B.706, subdivision 2, is amended to read:
38.33    Subd. 2. Money deposited in account. The following shall be deposited in the state
38.34treasury and credited to the water recreation account:
38.35    (1) fees and surcharges from titling and licensing of watercraft under this chapter;
39.1    (2) fines, installment payments, and forfeited bail according to section 86B.705,
39.2subdivision 2 ;
39.3    (3) civil penalties according to section 84D.13;
39.4    (4) mooring fees and receipts from the sale of marine gas at state-operated or
39.5state-assisted small craft harbors and mooring facilities according to section 86A.21;
39.6    (5) (4) the unrefunded gasoline tax attributable to watercraft use under section
39.7296A.18 ; and
39.8    (6) (5) fees for permits issued to control or harvest aquatic plants other than wild
39.9rice under section 103G.615, subdivision 2.

39.10    Sec. 20. Minnesota Statutes 2006, section 89.22, subdivision 2, is amended to read:
39.11    Subd. 2. Receipts to natural resources special revenue fund. Fees collected under
39.12subdivision 1 shall be credited to a forest land use account in the natural resources fund
39.13the special revenue fund and are annually appropriated to the commissioner to recoup the
39.14costs of developing, operating, and maintaining facilities necessary for the specified uses
39.15in subdivision 1 or to prevent or mitigate resource impacts of those uses.
39.16EFFECTIVE DATE.This section is effective July 1, 2007, and applies to fees
39.17collected according to Minnesota Statutes, section 89.22, subdivision 1, after August
39.181, 2006.

39.19    Sec. 21. [89.421] FOREST RESOURCE ASSESSMENT PRODUCTS AND
39.20SERVICES ACCOUNT.
39.21    Subdivision 1. Creation. The forest resource assessment products and services
39.22account is created in the state treasury in the natural resources fund.
39.23    Subd. 2. Receipts. Money received from forest resource assessment product sales
39.24and services provided by the commissioner under sections 84.025, subdivision 9; 84.026;
39.25and 84.0855 shall be credited to the forest resource assessment products and services
39.26account. Forest resource assessment products and services include the sale of aerial
39.27photography, remote sensing, and satellite imagery products and services.
39.28    Subd. 3. Use of money in account. Money credited to the forest resource
39.29assessment products and services account under subdivision 2 is annually appropriated to
39.30the commissioner and shall be used to maintain the staff and facilities producing the aerial
39.31photography, remote sensing, and satellite imagery products and services.

39.32    Sec. 22. [89.62] SHADE TREE PEST CONTROL; GRANT PROGRAM.
40.1    Subdivision 1. Grants. The commissioner may make grants to aid in the control of
40.2a shade tree pest. To be eligible, a grantee must have a pest control program approved
40.3by the commissioner that:
40.4    (1) defines tree ownership and who is responsible for the costs associated with
40.5control measures;
40.6    (2) defines the zone of infestation within which the control measures are to be
40.7applied;
40.8    (3) includes a tree inspector certified under section 89.63 and having the authority to
40.9enter and inspect private lands;
40.10    (4) has the means to enforce measures needed to limit the spread of shade tree
40.11pests; and
40.12    (5) provides that grant money received will be deposited in a separate fund to be
40.13spent only for the purposes authorized by this section.
40.14    Subd. 2. Grant eligibility. The following are eligible for grants under this section:
40.15    (1) a home rule charter or statutory city or a town that exercises municipal powers
40.16under section 368.01 or any general or special law;
40.17    (2) a special park district organized under chapter 398;
40.18    (3) a special-purpose park and recreation board;
40.19    (4) a soil and water conservation district;
40.20    (5) a county; or
40.21    (6) any other organization with the legal authority to enter into contractual
40.22agreements.
40.23    Subd. 3. Rules; applicability to municipalities. The rules and procedures adopted
40.24under this chapter by the commissioner apply in a municipality unless the municipality
40.25adopts an ordinance determined by the commissioner to be more stringent than the rules
40.26and procedures of the commissioner. The rules and procedures of the commissioner or
40.27the municipality apply to all state agencies, special purpose districts, and metropolitan
40.28commissions as defined in section 473.121, subdivision 5a, that own or control land
40.29adjacent to or within a zone of infestation.

40.30    Sec. 23. Minnesota Statutes 2006, section 93.22, subdivision 1, is amended to read:
40.31    Subdivision 1. Generally. (a) All payments under sections 93.14 to 93.285 shall
40.32be made to the Department of Natural Resources and shall be credited according to this
40.33section.
41.1    (a) If the lands or minerals and mineral rights covered by a lease are held by the state
41.2by virtue of an act of Congress, payments made under the lease shall be credited to the
41.3permanent fund of the class of land to which the leased premises belong.
41.4    (b) If a lease covers the bed of navigable waters, payments made under the lease
41.5shall be credited to the permanent school fund of the state.
41.6    (c) If the lands or minerals and mineral rights covered by a lease are held by the
41.7state in trust for the taxing districts, payments made under the lease shall be distributed
41.8annually on the first day of September as follows:
41.9    (1) 20 percent to the general fund; and
41.10    (2) 80 percent to the respective counties in which the lands lie, to be apportioned
41.11among the taxing districts interested therein as follows: county, three-ninths; town or city,
41.12two-ninths; and school district, four-ninths.
41.13    (d) Except as provided under this section and except where the disposition of
41.14payments may be otherwise directed by law, all payments shall be paid into the general
41.15fund of the state.
41.16    (b) Twenty percent of all payments under sections 93.14 to 93.285 shall be
41.17credited to the minerals management account in the natural resources fund as costs for
41.18the administration and management of state mineral resources by the commissioner of
41.19natural resources.
41.20    (c) The remainder of the payments shall be credited as follows:
41.21    (1) if the lands or minerals and mineral rights covered by a lease are held by the state
41.22by virtue of an act of Congress, payments made under the lease shall be credited to the
41.23permanent fund of the class of land to which the leased premises belong;
41.24    (2) if a lease covers the bed of navigable waters, payments made under the lease
41.25shall be credited to the permanent school fund of the state;
41.26    (3) if the lands or minerals and mineral rights covered by a lease are held by the state
41.27in trust for the taxing districts, payments made under the lease shall be distributed annually
41.28on the first day of September to the respective counties in which the lands lie, to be
41.29apportioned among the taxing districts interested therein as follows: county, three-ninths;
41.30town or city, two-ninths; and school district, four-ninths;
41.31    (4) if the lands or mineral rights covered by a lease became the absolute property of
41.32the state under the provisions of chapter 84A, payments made under the lease shall be
41.33distributed as follows: county containing the land from which the income was derived,
41.34five-eighths; and general fund of the state, three-eighths; and
42.1    (5) except as provided under this section and except where the disposition of
42.2payments may be otherwise directed by law, payments made under a lease shall be paid
42.3into the general fund of the state.

42.4    Sec. 24. Minnesota Statutes 2006, section 97A.055, subdivision 4, is amended to read:
42.5    Subd. 4. Game and fish annual reports. (a) By December 15 each year,
42.6the commissioner shall submit to the legislative committees having jurisdiction over
42.7appropriations and the environment and natural resources reports on each of the following:
42.8    (1) the amount of revenue from the following and purposes for which expenditures
42.9were made:
42.10    (i) the small game license surcharge under section 97A.475, subdivision 4;
42.11    (ii) the Minnesota migratory waterfowl stamp under section 97A.475, subdivision
42.125 , clause (1);
42.13    (iii) the trout and salmon stamp under section 97A.475, subdivision 10;
42.14    (iv) the pheasant stamp under section 97A.475, subdivision 5, clause (2); and
42.15    (v) the turkey stamp under section 97A.475, subdivision 5, clause (3); and
42.16    (vi) the deer license surcharge under section 97A.475, subdivision 3a;
42.17    (2) the amounts available under section 97A.075, subdivision 1, paragraphs (b) and
42.18(c), and the purposes for which these amounts were spent;
42.19    (3) money credited to the game and fish fund under this section and purposes for
42.20which expenditures were made from the fund;
42.21    (4) outcome goals for the expenditures from the game and fish fund; and
42.22    (5) summary and comments of citizen oversight committee reviews under
42.23subdivision 4b.
42.24    (b) The report must include the commissioner's recommendations, if any, for
42.25changes in the laws relating to the stamps and surcharge referenced in paragraph (a).

42.26    Sec. 25. Minnesota Statutes 2006, section 97A.065, is amended by adding a
42.27subdivision to read:
42.28    Subd. 6. Deer license surcharge. The surcharge collected under section 97A.475,
42.29subdivision 3a, shall be deposited in a special revenue account and is appropriated to
42.30the commissioner for deer management, including for grants or payments to agencies,
42.31organizations, or individuals for assisting with the cost of processing deer taken for
42.32population management purposes for venison donation programs. None of the additional
42.33license fees shall be transferred to any other agency for administration of programs other
42.34than venison donation. If any money transferred by the commissioner is not used for a
42.35venison donation program, it shall be returned to the commissioner.

43.1    Sec. 26. Minnesota Statutes 2006, section 97A.133, is amended by adding a
43.2subdivision to read:
43.3    Subd. 66. Vermillion Highlands Wildlife Management Area, Dakota County.

43.4    Sec. 27. Minnesota Statutes 2006, section 97A.475, is amended by adding a
43.5subdivision to read:
43.6    Subd. 3a. Deer license surcharge. Fees for annual resident and nonresident licenses
43.7to take deer by firearms or archery established under subdivisions 2, clauses (4), (5), (9),
43.8and (11), and 3, clauses (2), (3), and (7), must be increased by a surcharge of $1, except
43.9as provided under section 97A.065, subdivision 6. An additional commission may not
43.10be assessed on the surcharge and the following statement must be included in the annual
43.11deer hunting regulations: "The $1 deer license surcharge is being paid by hunters for deer
43.12management, including assisting with the costs of processing deer donated for charitable
43.13purposes."

43.14    Sec. 28. Minnesota Statutes 2006, section 97A.475, subdivision 7, is amended to read:
43.15    Subd. 7. Nonresident fishing. (a) Fees for the following licenses, to be issued
43.16to nonresidents, are:
43.17    (1) to take fish by angling, $34;
43.18    (2) to take fish by angling limited to seven consecutive days selected by the licensee,
43.19$24;
43.20    (3) to take fish by angling for a 72-hour period selected by the licensee, $20;
43.21    (4) to take fish by angling for a combined license for a family for one or both parents
43.22and dependent children under the age of 16, $46;
43.23    (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; and
43.24    (6) to take fish by angling for a combined license for a married couple, limited to
43.2514 consecutive days selected by one of the licensees, $35.
43.26    (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
43.27issued under paragraph (a), clause (5). An additional commission may not be assessed
43.28on this surcharge.
43.29EFFECTIVE DATE.This section is effective March 1, 2008.

43.30    Sec. 29. Minnesota Statutes 2006, section 97A.485, subdivision 7, is amended to read:
43.31    Subd. 7. Electronic licensing system commission. The commissioner shall retain
43.32for the operation of the electronic licensing system the commission established under
43.33section 84.027, subdivision 15, and issuing fees collected by the commissioner on all
43.34license fees collected, excluding:
43.35    (1) the small game surcharge; and
44.1    (2) the deer license surcharge; and
44.2    (3) $2.50 of the license fee for the licenses in section 97A.475, subdivisions 6,
44.3clauses (1) , (2), and (4), 7, 8, 12, and 13.

44.4    Sec. 30. [97B.303] VENISON DONATIONS.
44.5    An individual who takes a deer may donate the deer, for distribution to charitable
44.6food assistance programs, to a meat processor that is licensed under chapter 28A. An
44.7individual donating a deer must supply the processor with the tag number under which
44.8the deer was taken.

44.9    Sec. 31. Minnesota Statutes 2006, section 97C.081, subdivision 3, is amended to read:
44.10    Subd. 3. Contests requiring a permit. (a) A person must have a permit from the
44.11commissioner to conduct a fishing contest that does not meet the criteria in subdivision 2.
44.12Permits shall be issued without a fee. The commissioner shall charge a fee for the permit
44.13that recovers the costs of issuing the permit and of monitoring the activities allowed by
44.14the permit. Receipts collected from this fee shall be credited to the game and fish fund.
44.15Notwithstanding section 16A.1283, the commissioner may, by written order published in
44.16the State Register, establish contest permit fees. The fees are not subject to the rulemaking
44.17provisions of chapter 14 and section 14.386 does not apply.
44.18    (b) If entry fees are over $25 per person, or total prizes are valued at more than
44.19$25,000, and if the applicant has either:
44.20    (1) not previously conducted a fishing contest requiring a permit under this
44.21subdivision; or
44.22    (2) ever failed to make required prize awards in a fishing contest conducted by
44.23the applicant, the commissioner may require the applicant to furnish the commissioner
44.24evidence of financial responsibility in the form of a surety bond or bank letter of credit in
44.25the amount of $25,000.

44.26    Sec. 32. Minnesota Statutes 2006, section 103B.101, is amended by adding a
44.27subdivision to read:
44.28    Subd. 12. Authority to issue penalty orders. The board may issue an order
44.29requiring violations to be corrected and administratively assessing monetary penalties for
44.30violations of this chapter and chapters 103C, 103D, 103E, 103F, and 103G, any rules
44.31adopted under those chapters, and any standards, limitations, or conditions established
44.32by the board.
44.33EFFECTIVE DATE.This section is effective the day following final enactment.

44.34    Sec. 33. [103B.102] LOCAL WATER MANAGEMENT ACCOUNTABILITY
44.35AND OVERSIGHT.
45.1    Subdivision 1. Findings; improving accountability and oversight. The legislature
45.2finds that a process is needed to monitor the performance and activities of local water
45.3management entities. The process should be preemptive so that problems can be identified
45.4early and systematically. Underperforming entities should be provided assistance and
45.5direction for improving performance in a reasonable time frame.
45.6    Subd. 2. Definitions. For the purposes of this section, "local water management
45.7entities" means watershed districts, soil and water conservation districts, metropolitan
45.8water management organizations, and counties operating separately or jointly in their
45.9role as local water management authorities under chapter 103B, 103C, 103D, or 103G
45.10and chapter 114D.
45.11    Subd. 3. Evaluation and report. The Board of Water and Soil Resources shall
45.12evaluate performance, financial, and activity information for each local water management
45.13entity. The board shall evaluate the entities' progress in accomplishing their adopted
45.14plans on a regular basis, but not less than once every five years. The board shall maintain
45.15a summary of local water management entity performance on the board's Web site.
45.16Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis
45.17of local water management entity performance to the chairs of the house and senate
45.18committees having jurisdiction over environment and natural resources policy.
45.19    Subd. 4. Corrective actions. (a) In addition to other authorities, the Board of Water
45.20and Soil Resources may, based on its evaluation in subdivision 3, reduce, withhold, or
45.21redirect grants and other funding if the local water management entity has not corrected
45.22deficiencies as prescribed in a notice from the board within one year from the date of
45.23the notice.
45.24    (b) The board may defer a decision on a termination petition filed under section
45.25103B.221, 103C.225, or 103D.271 for up to one year to conduct or update the evaluation
45.26under subdivision 3 or to communicate the results of the evaluation to petitioners or to
45.27local and state government agencies.

45.28    Sec. 34. Minnesota Statutes 2006, section 103C.321, is amended by adding a
45.29subdivision to read:
45.30    Subd. 6. Credit card use. The supervisors may authorize the use of a credit card
45.31by any soil and water conservation district officer or employee otherwise authorized
45.32to make a purchase on behalf of the soil and water conservation district. If a soil and
45.33water conservation district officer or employee makes a purchase by credit card that is not
45.34approved by the supervisors, the officer or employee is personally liable for the amount of
45.35the purchase. A purchase by credit card must otherwise comply with all statutes, rules,
46.1or soil and water conservation district policy applicable to soil and water conservation
46.2district purchases.

46.3    Sec. 35. Minnesota Statutes 2006, section 103D.325, is amended by adding a
46.4subdivision to read:
46.5    Subd. 4. Credit card use. The managers may authorize the use of a credit card
46.6by any watershed district officer or employee otherwise authorized to make a purchase
46.7on behalf of the watershed district. If a watershed district officer or employee makes a
46.8purchase by credit card that is not approved by the managers, the officer or employee is
46.9personally liable for the amount of the purchase. A purchase by credit card must otherwise
46.10comply with all statutes, rules, or watershed district policy applicable to watershed district
46.11purchases.

46.12    Sec. 36. Minnesota Statutes 2006, section 103E.021, subdivision 1, is amended to read:
46.13    Subdivision 1. Spoil banks must be spread and grass planted permanent
46.14vegetation established. In any proceeding to establish, construct, improve, or do any
46.15work affecting a public drainage system under any law that appoints viewers to assess
46.16benefits and damages, the authority having jurisdiction over the proceeding shall order
46.17spoil banks to be spread consistent with the plan and function of the drainage system. The
46.18authority shall order that permanent grass, other than a noxious weed, be planted on
46.19the banks ditch side slopes and on a strip that a permanent strip of perennial vegetation
46.20approved by the drainage authority be established on each side of the ditch. Preference
46.21should be given to planting native species of a local ecotype. The approved perennial
46.22vegetation shall not impede future maintenance of the ditch. The permanent strips of
46.23perennial vegetation shall be 16-1/2 feet in width measured outward from the top edge
46.24of the constructed channel resulting from the proceeding, or to the crown of the leveled
46.25spoil bank, whichever is the greater, on each side of the top edge of the channel of the
46.26ditch. except for an action by a drainage authority that results only in a redetermination of
46.27benefits and damages, for which the required width shall be 16-1/2 feet. Drainage system
46.28rights-of-way for the acreage and additional property required for the planting permanent
46.29strips must be acquired by the authority having jurisdiction.

46.30    Sec. 37. Minnesota Statutes 2006, section 103E.021, subdivision 2, is amended to read:
46.31    Subd. 2. Reseeding and harvesting grass perennial vegetation. The authority
46.32having jurisdiction over the repair and maintenance of the drainage system shall supervise
46.33all necessary reseeding. The permanent grass strips of perennial vegetation must be
46.34maintained in the same manner as other drainage system repairs. Harvest of the grass
46.35vegetation from the grass permanent strip in a manner not harmful to the grass vegetation
47.1or the drainage system is the privilege of the fee owner or assigns. The county drainage
47.2inspector shall establish rules for the fee owner and assigns to harvest the grass vegetation.

47.3    Sec. 38. Minnesota Statutes 2006, section 103E.021, subdivision 3, is amended to read:
47.4    Subd. 3. Agricultural practices prohibited. Agricultural practices, other than
47.5those required for the maintenance of a permanent growth of grass perennial vegetation,
47.6are not permitted on any portion of the property acquired for planting perennial vegetation.

47.7    Sec. 39. Minnesota Statutes 2006, section 103E.021, is amended by adding a
47.8subdivision to read:
47.9    Subd. 6. Incremental implementation of vegetated ditch buffer strips and side
47.10inlet controls. (a) Notwithstanding other provisions of this chapter requiring appointment
47.11of viewers and redetermination of benefits and damages, a drainage authority may
47.12implement permanent buffer strips of perennial vegetation approved by the drainage
47.13authority or side inlet controls, or both, adjacent to a public drainage ditch, where
47.14necessary to control erosion and sedimentation, improve water quality, or maintain the
47.15efficiency of the drainage system. Preference should be given to planting native species of
47.16a local ecotype. The approved perennial vegetation shall not impede future maintenance
47.17of the ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width
47.18measured outward from the top edge of the existing constructed channel. Drainage system
47.19rights-of-way for the acreage and additional property required for the permanent strips
47.20must be acquired by the authority having jurisdiction.
47.21    (b) A project under this subdivision shall be implemented as a repair according to
47.22section 103E.705, except that the drainage authority may appoint an engineer to examine
47.23the drainage system and prepare an engineer's repair report for the project.
47.24    (c) Damages shall be determined by the drainage authority, or viewers, appointed by
47.25the drainage authority, according to section 103E.315, subdivision 8. A damages statement
47.26shall be prepared, including an explanation of how the damages were determined for each
47.27property affected by the project, and filed with the auditor or watershed district. Within 30
47.28days after the damages statement is filed, the auditor or watershed district shall prepare
47.29property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2),
47.30(6), (7), and (8), and mail a copy of the property owner's report and damages statement to
47.31each owner of property affected by the proposed project.
47.32    (d) After a damages statement is filed, the drainage authority shall set a time, by
47.33order, not more than 30 days after the date of the order, for a hearing on the project. At
47.34least ten days before the hearing, the auditor or watershed district shall give notice by mail
47.35of the time and location of the hearing to the owners of property and political subdivisions
47.36likely to be affected by the project.
48.1    (e) The drainage authority shall make findings and order the repairs to be made if
48.2the drainage authority determines from the evidence presented at the hearing and by the
48.3viewers and engineer, if appointed, that the repairs are necessary for the drainage system
48.4and the costs of the repairs are within the limitations of section 103E.705.

48.5    Sec. 40. [103E.067] DITCH BUFFER STRIP ANNUAL REPORTING.
48.6    The drainage authority shall annually submit a report to the Board of Water and Soil
48.7Resources for the calendar year including:
48.8    (1) the number and types of actions for which viewers were appointed;
48.9    (2) the number of miles of buffer strips established according to section 103E.021;
48.10    (3) the number of drainage system inspections conducted; and
48.11    (4) the number of violations of section 103E.021 identified and enforcement actions
48.12taken.

48.13    Sec. 41. Minnesota Statutes 2006, section 103E.315, subdivision 8, is amended to read:
48.14    Subd. 8. Extent of damages. Damages to be paid may include:
48.15    (1) the fair market value of the property required for the channel of an open ditch
48.16and the permanent grass strip of perennial vegetation under section 103E.021;
48.17    (2) the diminished value of a farm due to severing a field by an open ditch;
48.18    (3) loss of crop production during drainage project construction; and
48.19    (4) the diminished productivity or land value from increased overflow.; and
48.20    (5) costs to restore a perennial vegetative cover or structural practice existing
48.21under a federal or state conservation program adjacent to the permanent drainage system
48.22right-of-way and damaged by the drainage project.

48.23    Sec. 42. Minnesota Statutes 2006, section 103E.321, subdivision 1, is amended to read:
48.24    Subdivision 1. Requirements. The viewers' report must show, in tabular form,
48.25for each lot, 40-acre tract, and fraction of a lot or tract under separate ownership that
48.26is benefited or damaged:
48.27    (1) a description of the lot or tract, under separate ownership, that is benefited or
48.28damaged;
48.29    (2) the names of the owners as they appear on the current tax records of the county
48.30and their addresses;
48.31    (3) the number of acres in each tract or lot;
48.32    (4) the number and value of acres added to a tract or lot by the proposed drainage of
48.33public waters;
48.34    (5) the damage, if any, to riparian rights;
49.1    (6) the damages paid for the permanent grass strip of perennial vegetation under
49.2section 103E.021;
49.3    (7) the total number and value of acres added to a tract or lot by the proposed
49.4drainage of public waters, wetlands, and other areas not currently being cultivated;
49.5    (8) the number of acres and amount of benefits being assessed for drainage of areas
49.6which before the drainage benefits could be realized would require a public waters work
49.7permit to work in public waters under section 103G.245 to excavate or fill a navigable
49.8water body under United States Code, title 33, section 403, or a permit to discharge into
49.9waters of the United States under United States Code, title 33, section 1344;
49.10    (9) the number of acres and amount of benefits being assessed for drainage of areas
49.11that would be considered conversion of a wetland under United States Code, title 16,
49.12section 3821, if the area was placed in agricultural production;
49.13    (10) the amount of right-of-way acreage required; and
49.14    (11) the amount that each tract or lot will be benefited or damaged.

49.15    Sec. 43. Minnesota Statutes 2006, section 103E.701, is amended by adding a
49.16subdivision to read:
49.17    Subd. 7. Restoration; disturbance or destruction by repair. If a drainage system
49.18repair disturbs or destroys a perennial vegetative cover or structural practice existing
49.19under a federal or state conservation program adjacent to the permanent drainage system
49.20right-of-way, the practice must be restored according to the applicable practice plan or
49.21as determined by the drainage authority, if a practice plan is not available. Restoration
49.22costs shall be paid by the drainage system.

49.23    Sec. 44. Minnesota Statutes 2006, section 103E.705, subdivision 1, is amended to read:
49.24    Subdivision 1. Inspection. After the construction of a drainage system has been
49.25completed, the drainage authority shall maintain the drainage system that is located in its
49.26jurisdiction, including grass the permanent strips of perennial vegetation under section
49.27103E.021 , and provide the repairs necessary to make the drainage system efficient. The
49.28drainage authority shall have the drainage system inspected on a regular basis by an
49.29inspection committee of the drainage authority or a drainage inspector appointed by the
49.30drainage authority. Open drainage ditches shall be inspected at a minimum of every five
49.31years when no violation of section 103E.021 is found and annually when a violation of
49.32section 103E.021 is found, until one year after the violation is corrected.

49.33    Sec. 45. Minnesota Statutes 2006, section 103E.705, subdivision 2, is amended to read:
49.34    Subd. 2. Grass Permanent strip of perennial vegetation inspection and
49.35compliance notice. (a) The drainage authority having jurisdiction over a drainage system
50.1must inspect the drainage system for violations of section 103E.021. If an inspection
50.2committee of the drainage authority or a drainage inspector determines that permanent
50.3grass strips of perennial vegetation are not being maintained in compliance with section
50.4103E.021 , a compliance notice must be sent to the property owner.
50.5    (b) The notice must state:
50.6    (1) the date the ditch was inspected;
50.7    (2) the persons making the inspection;
50.8    (3) that spoil banks are to be spread in a manner consistent with the plan and function
50.9of the drainage system and that the drainage system has acquired a grass permanent strip
50.1016-1/2 feet in width or to the crown of the spoil bank, whichever is greater of perennial
50.11vegetation, according to section 103E.021;
50.12    (4) the violations of section 103E.021;
50.13    (5) the measures that must be taken by the property owner to comply with section
50.14103E.021 and the date when the property must be in compliance; and
50.15    (6) that if the property owner does not comply by the date specified, the drainage
50.16authority will perform the work necessary to bring the area into compliance with section
50.17103E.021 and charge the cost of the work to the property owner.
50.18    (c) If a property owner does not bring an area into compliance with section 103E.021
50.19as provided in the compliance notice, the inspection committee or drainage inspector
50.20must notify the drainage authority.
50.21    (d) This subdivision applies to property acquired under section 103E.021.

50.22    Sec. 46. Minnesota Statutes 2006, section 103E.705, subdivision 3, is amended to read:
50.23    Subd. 3. Drainage inspection report. For each drainage system that the board
50.24designates and requires the drainage inspector to examine, the drainage inspector shall
50.25make a drainage inspection report in writing to the board after examining a drainage
50.26system, designating portions that need repair or maintenance of grass the permanent
50.27strips of perennial vegetation and the location and nature of the repair or maintenance.
50.28The board shall consider the drainage inspection report at its next meeting and may repair
50.29all or any part of the drainage system as provided under this chapter. The grass permanent
50.30strips of perennial vegetation must be maintained in compliance with section 103E.021.

50.31    Sec. 47. Minnesota Statutes 2006, section 103E.728, subdivision 2, is amended to read:
50.32    Subd. 2. Additional assessment for agricultural practices on grass permanent
50.33strip of perennial vegetation. (a) The drainage authority may, after notice and hearing,
50.34charge an additional assessment on property that has agricultural practices on or otherwise
50.35violates provisions related to the permanent grass strip of perennial vegetation acquired
50.36under section 103E.021.
51.1    (b) The drainage authority may determine the cost of the repair per mile of open
51.2ditch on the ditch system. Property that is in violation of the grass requirement shall be
51.3assessed a cost of 20 percent of the repair cost per open ditch mile multiplied by the length
51.4of open ditch in miles on the property in violation.
51.5    (c) After the amount of the additional assessment is determined and applied to the
51.6repair cost, the balance of the repair cost may be apportioned pro rata as provided in
51.7subdivision 1.

51.8    Sec. 48. Minnesota Statutes 2006, section 103G.222, subdivision 1, is amended to read:
51.9    Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly
51.10or partially, unless replaced by restoring or creating wetland areas of at least equal
51.11public value under a replacement plan approved as provided in section 103G.2242, a
51.12replacement plan under a local governmental unit's comprehensive wetland protection
51.13and management plan approved by the board under section 103G.2243, or, if a permit to
51.14mine is required under section 93.481, under a mining reclamation plan approved by the
51.15commissioner under the permit to mine. Mining reclamation plans shall apply the same
51.16principles and standards for replacing wetlands by restoration or creation of wetland areas
51.17that are applicable to mitigation plans approved as provided in section 103G.2242. Public
51.18value must be determined in accordance with section 103B.3355 or a comprehensive
51.19wetland protection and management plan established under section 103G.2243. Sections
51.20103G.221 to 103G.2372 also apply to excavation in permanently and semipermanently
51.21flooded areas of types 3, 4, and 5 wetlands.
51.22    (b) Replacement must be guided by the following principles in descending order
51.23of priority:
51.24    (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
51.25the wetland;
51.26    (2) minimizing the impact by limiting the degree or magnitude of the wetland
51.27activity and its implementation;
51.28    (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
51.29wetland environment;
51.30    (4) reducing or eliminating the impact over time by preservation and maintenance
51.31operations during the life of the activity;
51.32    (5) compensating for the impact by restoring a wetland; and
51.33    (6) compensating for the impact by replacing or providing substitute wetland
51.34resources or environments.
51.35    For a project involving the draining or filling of wetlands in an amount not exceeding
51.3610,000 square feet more than the applicable amount in section 103G.2241, subdivision 9,
52.1paragraph (a), the local government unit may make an on-site sequencing determination
52.2without a written alternatives analysis from the applicant.
52.3    (c) If a wetland is located in a cultivated field, then replacement must be
52.4accomplished through restoration only without regard to the priority order in paragraph
52.5(b), provided that a deed restriction is placed on the altered wetland prohibiting
52.6nonagricultural use for at least ten years.
52.7    (d) If a wetland is drained under section 103G.2241, subdivision 2, the local
52.8government unit may require a deed restriction that prohibits nonagricultural use for at
52.9least ten years unless the drained wetland is replaced as provided under this section. The
52.10local government unit may require the deed restriction if it determines the wetland area
52.11drained is at risk of conversion to a nonagricultural use within ten years based on the
52.12zoning classification, proximity to a municipality or full service road, or other criteria as
52.13determined by the local government unit.
52.14    (e) Restoration and replacement of wetlands must be accomplished in accordance
52.15with the ecology of the landscape area affected and ponds that are created primarily to
52.16fulfill stormwater management, and water quality treatment requirements may not be
52.17used to satisfy replacement requirements under this chapter unless the design includes
52.18pretreatment of runoff and the pond is functioning as a wetland.
52.19    (e) (f) Except as provided in paragraph (f) (g), for a wetland or public waters wetland
52.20located on nonagricultural land, replacement must be in the ratio of two acres of replaced
52.21wetland for each acre of drained or filled wetland.
52.22    (f) (g) For a wetland or public waters wetland located on agricultural land or in a
52.23greater than 80 percent area, replacement must be in the ratio of one acre of replaced
52.24wetland for each acre of drained or filled wetland.
52.25    (g) (h) Wetlands that are restored or created as a result of an approved replacement
52.26plan are subject to the provisions of this section for any subsequent drainage or filling.
52.27    (h) (i) Except in a greater than 80 percent area, only wetlands that have been
52.28restored from previously drained or filled wetlands, wetlands created by excavation in
52.29nonwetlands, wetlands created by dikes or dams along public or private drainage ditches,
52.30or wetlands created by dikes or dams associated with the restoration of previously drained
52.31or filled wetlands may be used in a statewide banking program established in rules adopted
52.32under section 103G.2242, subdivision 1. Modification or conversion of nondegraded
52.33naturally occurring wetlands from one type to another are not eligible for enrollment in a
52.34statewide wetlands bank.
52.35    (i) (j) The Technical Evaluation Panel established under section 103G.2242,
52.36subdivision 2 , shall ensure that sufficient time has occurred for the wetland to develop
53.1wetland characteristics of soils, vegetation, and hydrology before recommending that the
53.2wetland be deposited in the statewide wetland bank. If the Technical Evaluation Panel has
53.3reason to believe that the wetland characteristics may change substantially, the panel shall
53.4postpone its recommendation until the wetland has stabilized.
53.5    (j) (k) This section and sections 103G.223 to 103G.2242, 103G.2364, and
53.6103G.2365 apply to the state and its departments and agencies.
53.7    (k) (l) For projects involving draining or filling of wetlands associated with a new
53.8public transportation project, and for projects expanded solely for additional traffic
53.9capacity, public transportation authorities may purchase credits from the board at the cost
53.10to the board to establish credits. Proceeds from the sale of credits provided under this
53.11paragraph are appropriated to the board for the purposes of this paragraph.
53.12    (l) (m) A replacement plan for wetlands is not required for individual projects that
53.13result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
53.14or replacement of a currently serviceable existing state, city, county, or town public road
53.15necessary, as determined by the public transportation authority, to meet state or federal
53.16design or safety standards or requirements, excluding new roads or roads expanded solely
53.17for additional traffic capacity lanes. This paragraph only applies to authorities for public
53.18transportation projects that:
53.19    (1) minimize the amount of wetland filling or draining associated with the project
53.20and consider mitigating important site-specific wetland functions on-site;
53.21    (2) except as provided in clause (3), submit project-specific reports to the board, the
53.22Technical Evaluation Panel, the commissioner of natural resources, and members of the
53.23public requesting a copy at least 30 days prior to construction that indicate the location,
53.24amount, and type of wetlands to be filled or drained by the project or, alternatively,
53.25convene an annual meeting of the parties required to receive notice to review projects to
53.26be commenced during the upcoming year; and
53.27    (3) for minor and emergency maintenance work impacting less than 10,000 square
53.28feet, submit project-specific reports, within 30 days of commencing the activity, to the
53.29board that indicate the location, amount, and type of wetlands that have been filled
53.30or drained.
53.31    Those required to receive notice of public transportation projects may appeal
53.32minimization, delineation, and on-site mitigation decisions made by the public
53.33transportation authority to the board according to the provisions of section 103G.2242,
53.34subdivision 9 . The Technical Evaluation Panel shall review minimization and delineation
53.35decisions made by the public transportation authority and provide recommendations
54.1regarding on-site mitigation if requested to do so by the local government unit, a
54.2contiguous landowner, or a member of the Technical Evaluation Panel.
54.3    Except for state public transportation projects, for which the state Department of
54.4Transportation is responsible, the board must replace the wetlands, and wetland areas of
54.5public waters if authorized by the commissioner or a delegated authority, drained or filled
54.6by public transportation projects on existing roads.
54.7    Public transportation authorities at their discretion may deviate from federal and
54.8state design standards on existing road projects when practical and reasonable to avoid
54.9wetland filling or draining, provided that public safety is not unreasonably compromised.
54.10The local road authority and its officers and employees are exempt from liability for
54.11any tort claim for injury to persons or property arising from travel on the highway and
54.12related to the deviation from the design standards for construction or reconstruction under
54.13this paragraph. This paragraph does not preclude an action for damages arising from
54.14negligence in construction or maintenance on a highway.
54.15    (m) (n) If a landowner seeks approval of a replacement plan after the proposed
54.16project has already affected the wetland, the local government unit may require the
54.17landowner to replace the affected wetland at a ratio not to exceed twice the replacement
54.18ratio otherwise required.
54.19    (n) (o) A local government unit may request the board to reclassify a county or
54.20watershed on the basis of its percentage of presettlement wetlands remaining. After
54.21receipt of satisfactory documentation from the local government, the board shall change
54.22the classification of a county or watershed. If requested by the local government unit,
54.23the board must assist in developing the documentation. Within 30 days of its action to
54.24approve a change of wetland classifications, the board shall publish a notice of the change
54.25in the Environmental Quality Board Monitor.
54.26    (o) (p) One hundred citizens who reside within the jurisdiction of the local
54.27government unit may request the local government unit to reclassify a county or watershed
54.28on the basis of its percentage of presettlement wetlands remaining. In support of their
54.29petition, the citizens shall provide satisfactory documentation to the local government unit.
54.30The local government unit shall consider the petition and forward the request to the board
54.31under paragraph (n) (o) or provide a reason why the petition is denied.
54.32EFFECTIVE DATE.This section is effective the day following final enactment.

54.33    Sec. 49. Minnesota Statutes 2006, section 103G.222, subdivision 3, is amended to read:
54.34    Subd. 3. Wetland replacement siting. (a) Siting wetland replacement must follow
54.35this priority order:
55.1    (1) on site or in the same minor watershed as the affected wetland;
55.2    (2) in the same watershed as the affected wetland;
55.3    (3) in the same county as the affected wetland;
55.4    (4) for replacement by wetland banking, in the same wetland bank service area as
55.5the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in
55.6a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a
55.7less than 50 percent area;
55.8    (5) for project specific replacement, in an adjacent watershed or county to the
55.9affected wetland, or for replacement by wetland banking, in an adjacent wetland bank
55.10service area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to
55.1180 percent area and impacts in a less than 50 percent area must be replaced in a less
55.12than 50 percent area; and
55.13    (5) (6) statewide, only for wetlands affected in greater than 80 percent areas and for
55.14public transportation projects, except that wetlands affected in less than 50 percent areas
55.15must be replaced in less than 50 percent areas, and wetlands affected in the seven-county
55.16metropolitan area must be replaced at a ratio of two to one in: (i) the affected county or,
55.17(ii) in another of the seven metropolitan counties, or (iii) in one of the major watersheds
55.18that are wholly or partially within the seven-county metropolitan area, but at least one to
55.19one must be replaced within the seven-county metropolitan area.
55.20    (b) Notwithstanding paragraph (a), siting wetland replacement in greater than 80
55.21percent areas may follow the priority order under this paragraph: (1) by wetland banking
55.22after evaluating on-site replacement and replacement within the watershed; (2) replaced
55.23in an adjacent wetland bank service area if wetland bank credits are not reasonably
55.24available in the same wetland bank service area as the affected wetland, as determined
55.25by the local government unit or by a comprehensive inventory approved by the board;
55.26and (3) statewide.
55.27    (c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county
55.28metropolitan area must follow the priority order under this paragraph: (1) in the affected
55.29county; (2) in another of the seven metropolitan counties; or (3) in one of the major
55.30watersheds that are wholly or partially within the seven-county metropolitan area, but at
55.31least one to one must be replaced within the seven-county metropolitan area.
55.32    (d) The exception in paragraph (a), clause (5) (6), does not apply to replacement
55.33completed using wetland banking credits established by a person who submitted a
55.34complete wetland banking application to a local government unit by April 1, 1996.
56.1    (c) (e) When reasonable, practicable, and environmentally beneficial replacement
56.2opportunities are not available in siting priorities listed in paragraph (a), the applicant
56.3may seek opportunities at the next level.
56.4    (d) (f) For the purposes of this section, "reasonable, practicable, and environmentally
56.5beneficial replacement opportunities" are defined as opportunities that:
56.6    (1) take advantage of naturally occurring hydrogeomorphological conditions and
56.7require minimal landscape alteration;
56.8    (2) have a high likelihood of becoming a functional wetland that will continue
56.9in perpetuity;
56.10    (3) do not adversely affect other habitat types or ecological communities that are
56.11important in maintaining the overall biological diversity of the area; and
56.12    (4) are available and capable of being done after taking into consideration cost,
56.13existing technology, and logistics consistent with overall project purposes.
56.14    (e) (g) Regulatory agencies, local government units, and other entities involved in
56.15wetland restoration shall collaborate to identify potential replacement opportunities within
56.16their jurisdictional areas.
56.17EFFECTIVE DATE.This section is effective the day following final enactment.

56.18    Sec. 50. Minnesota Statutes 2006, section 103G.2241, subdivision 1, is amended to
56.19read:
56.20    Subdivision 1. Agricultural activities. (a) A replacement plan for wetlands is
56.21not required for:
56.22    (1) activities in a wetland that was planted with annually seeded crops, was in a crop
56.23rotation seeding of pasture grass or legumes, or was required to be set aside to receive
56.24price support or other payments under United States Code, title 7, sections 1421 to 1469,
56.25in six of the last ten years prior to January 1, 1991;
56.26    (2) activities in a wetland that is or has been enrolled in the federal conservation
56.27reserve program under United States Code, title 16, section 3831, that:
56.28    (i) was planted with annually seeded crops, was in a crop rotation seeding, or was
56.29required to be set aside to receive price support or payment under United States Code,
56.30title 7, sections 1421 to 1469, in six of the last ten years prior to being enrolled in the
56.31program; and
56.32    (ii) has not been restored with assistance from a public or private wetland restoration
56.33program;
56.34    (3) activities in a wetland that has received a commenced drainage determination
56.35provided for by the federal Food Security Act of 1985, that was made to the county
57.1Agricultural Stabilization and Conservation Service office prior to September 19, 1988,
57.2and a ruling and any subsequent appeals or reviews have determined that drainage of the
57.3wetland had been commenced prior to December 23, 1985;
57.4    (4) activities in a type 1 wetland on agricultural land, except for bottomland
57.5hardwood type 1 wetlands, and activities in a type 2 or type 6 wetland that is less than two
57.6acres in size and located on agricultural land;
57.7    (1) activities in a wetland conducted as part of normal farming practices. For
57.8purposes of this clause, "normal farming practices" means farming, silvicultural, grazing,
57.9and ranching activities such as plowing, seeding, cultivating, and harvesting for the
57.10production of feed, food, fuel, fiber, and forest products, but does not include activities
57.11that result in the draining or filling of wetlands in whole or part;
57.12    (2) soil and water conservation practices approved by the soil and water conservation
57.13district, after review by the Technical Evaluation Panel;
57.14    (5) (3) aquaculture activities including pond excavation and construction and
57.15maintenance of associated access roads and dikes authorized under, and conducted in
57.16accordance with, a permit issued by the United States Army Corps of Engineers under
57.17section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, but
57.18not including construction or expansion of buildings; or
57.19    (6) (4) wild rice production activities, including necessary diking and other activities
57.20authorized under a permit issued by the United States Army Corps of Engineers under
57.21section 404 of the federal Clean Water Act, United States Code, title 33, section 1344;.
57.22    (7) normal agricultural practices to control noxious or secondary weeds as defined
57.23by rule of the commissioner of agriculture, in accordance with applicable requirements
57.24under state and federal law, including established best management practices; and
57.25    (8) agricultural activities in a wetland that is on agricultural land:
57.26    (i) annually enrolled in the federal Agriculture Improvement and Reform Act of
57.271996 and is subject to United States Code, title 16, sections 3821 to 3823, in effect on
57.28January 1, 2000; or
57.29    (ii) subject to subsequent federal farm program restrictions that meet minimum
57.30state standards under this chapter and sections 103A.202 and 103B.3355 and that have
57.31been approved by the Board of Water and Soil Resources, the commissioners of natural
57.32resources and agriculture, and the Pollution Control Agency.
57.33    (b) Land enrolled in a federal farm program under paragraph (a), clause (8), is
57.34eligible for easement participation for those acres not already compensated under a federal
57.35program.
58.1    (c) The exemption under paragraph (a), clause (4), may be expanded to additional
58.2acreage, including types 1, 2, and 6 wetlands that are part of a larger wetland system, when
58.3the additional acreage is part of a conservation plan approved by the local soil and water
58.4conservation district, the additional draining or filling is necessary for efficient operation
58.5of the farm, the hydrology of the larger wetland system is not adversely affected, and
58.6wetlands other than types 1, 2, and 6 are not drained or filled.
58.7EFFECTIVE DATE.This section is effective the day following final enactment.

58.8    Sec. 51. Minnesota Statutes 2006, section 103G.2241, subdivision 2, is amended to
58.9read:
58.10    Subd. 2. Drainage. (a) For the purposes of this subdivision, "public drainage
58.11system" means a drainage system as defined in section 103E.005, subdivision 12, and any
58.12ditch or tile lawfully connected to the drainage system. If wetlands drained under this
58.13subdivision are converted to uses prohibited under paragraph (b), clause (2), during the
58.14ten-year period following drainage, the wetlands must be replaced according to section
58.15103G.222.
58.16    (b) A replacement plan is not required for draining of type 1 wetlands, or up to five
58.17acres of type 2 or 6 wetlands, in an unincorporated area on land that has been assessed
58.18drainage benefits for a public drainage system, provided that:
58.19    (1) during the 20-year period that ended January 1, 1992:
58.20    (i) there was an expenditure made from the drainage system account for the public
58.21drainage system;
58.22    (ii) the public drainage system was repaired or maintained as approved by the
58.23drainage authority; or
58.24    (iii) no repair or maintenance of the public drainage system was required under
58.25section 103E.705, subdivision 1, as determined by the public drainage authority; and
58.26    (2) the wetlands are not drained for conversion to:
58.27    (i) platted lots;
58.28    (ii) planned unit, commercial, or industrial developments; or
58.29    (iii) any development with more than one residential unit per 40 acres.
58.30If wetlands drained under this paragraph are converted to uses prohibited under clause
58.31(2) during the ten-year period following drainage, the wetlands must be replaced under
58.32section 103G.222.
58.33    (c) A replacement plan is not required for draining or filling of wetlands, except for
58.34draining types 3, 4, and 5 wetlands that have been in existence for more than 25 years,
58.35resulting from maintenance and repair of existing public drainage systems.
59.1    (d) A replacement plan is not required for draining or filling of wetlands, except
59.2for draining wetlands that have been in existence for more than 25 years, resulting from
59.3maintenance and repair of existing drainage systems other than public drainage systems.
59.4    (e) A replacement plan is not required for draining or filling of wetlands resulting
59.5from activities conducted as part of a public drainage system improvement project that
59.6received final approval from the drainage authority before July 1, 1991, and after July 1,
59.71986, if:
59.8    (1) the approval remains valid;
59.9    (2) the project remains active; and
59.10    (3) no additional drainage will occur beyond that originally approved.
59.11    (e) A replacement plan is not required for draining agricultural land that: (1) was
59.12planted with annually seeded crops before June 10, except for crops that are normally
59.13planted after that date, in eight out of the ten most recent years prior to the impact; (2)
59.14was in a crop rotation seeding of pasture grass or legumes in eight out of the ten most
59.15recent years prior to the impact; or (3) was enrolled in a state or federal land conservation
59.16program and met the requirements of clause (1) or (2) before enrollment.
59.17    (f) The public drainage authority may, as part of the repair, install control structures,
59.18realign the ditch, construct dikes along the ditch, or make other modifications as necessary
59.19to prevent drainage of the wetland.
59.20    (g) Wetlands of all types that would be drained as a part of a public drainage repair
59.21project are eligible for the permanent wetlands preserve under section 103F.516. The
59.22board shall give priority to acquisition of easements on types 3, 4, and 5 wetlands that have
59.23been in existence for more than 25 years on public drainage systems and other wetlands
59.24that have the greatest risk of drainage from a public drainage repair project.
59.25EFFECTIVE DATE.This section is effective the day following final enactment.

59.26    Sec. 52. Minnesota Statutes 2006, section 103G.2241, subdivision 3, is amended to
59.27read:
59.28    Subd. 3. Federal approvals. A replacement plan for wetlands is not required for:
59.29    (1) activities exempted from federal regulation under United States Code, title 33,
59.30section 1344(f), as in effect on January 1, 1991;
59.31    (2) activities authorized under, and conducted in accordance with, an applicable
59.32general permit issued by the United States Army Corps of Engineers under section 404
59.33of the federal Clean Water Act, United States Code, title 33, section 1344, except the
59.34nationwide permit in Code of Federal Regulations, title 33, section 330.5, paragraph (a),
60.1clauses (14), limited to when a new road crosses a wetland, and (26), as in effect on
60.2January 1, 1991; or
60.3    (3) activities authorized under the federal Clean Water Act, section 404, or the
60.4Rivers and Harbors Act, section 10, regulations that meet minimum state standards
60.5under this chapter and sections 103A.202 and 103B.3355 and that have been approved
60.6by the Board of Water and Soil Resources, the commissioners of natural resources and
60.7agriculture, and the Pollution Control Agency.
60.8EFFECTIVE DATE.This section is effective the day following final enactment.

60.9    Sec. 53. Minnesota Statutes 2006, section 103G.2241, subdivision 6, is amended to
60.10read:
60.11    Subd. 6. Utilities; public works. (a) A replacement plan for wetlands is not
60.12required for:
60.13    (1) placement, maintenance, repair, enhancement, or replacement of utility or
60.14utility-type service if:
60.15    (i) the impacts of the proposed project on the hydrologic and biological
60.16characteristics of the wetland have been avoided and minimized to the extent possible; and
60.17    (ii) the proposed project significantly modifies or alters less than one-half acre of
60.18wetlands;
60.19    (2) activities associated with routine maintenance of utility and pipeline
60.20rights-of-way, provided the activities do not result in additional intrusion into the wetland;
60.21    (3) alteration of a wetland associated with the operation, maintenance, or repair of
60.22an interstate pipeline within all existing or acquired interstate pipeline rights-of-way;
60.23    (4) emergency repair and normal maintenance and repair of existing public works,
60.24provided the activity does not result in additional intrusion of the public works into the
60.25wetland and does not result in the draining or filling, wholly or partially, of a wetland;
60.26    (5) normal maintenance and minor repair of structures causing no additional
60.27intrusion of an existing structure into the wetland, and maintenance and repair of private
60.28crossings that do not result in the draining or filling, wholly or partially, of a wetland; or
60.29    (6) repair and updating of existing individual sewage treatment systems as necessary
60.30to comply with local, state, and federal regulations.
60.31    (1) new placement or maintenance, repair, enhancement, or replacement of existing
60.32utility or utility-type service, including pipelines, if:
60.33    (i) the direct and indirect impacts of the proposed project have been avoided and
60.34minimized to the extent possible; and
61.1    (ii) the proposed project significantly modifies or alters less than one-half acre of
61.2wetlands;
61.3    (2) activities associated with operation, routine maintenance, or emergency repair of
61.4existing utilities and public work structures, including pipelines, provided the activities
61.5do not result in additional wetland intrusion or additional draining or filling of a wetland
61.6either wholly or partially; or
61.7    (3) repair and updating of existing individual sewage treatment systems necessary to
61.8comply with local, state, and federal regulations.
61.9    (b) For maintenance, repair, and replacement, the local government unit may issue
61.10a seasonal or annual exemption certification or the utility may proceed without local
61.11government unit certification if the utility is carrying out the work according to approved
61.12best management practices. Work of an emergency nature may proceed as necessary
61.13and any drain or fill activities shall be addressed with the local government unit after
61.14the emergency work has been completed.
61.15EFFECTIVE DATE.This section is effective the day following final enactment.

61.16    Sec. 54. Minnesota Statutes 2006, section 103G.2241, subdivision 9, is amended to
61.17read:
61.18    Subd. 9. De minimis. (a) Except as provided in paragraphs (b) and (c), a
61.19replacement plan for wetlands is not required for draining or filling the following amounts
61.20of wetlands as part of a project:
61.21    (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
61.22tamarack wetlands, outside of the shoreland wetland protection zone in a greater than
61.2380 percent area;
61.24    (2) 5,000 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar
61.25and tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80
61.26percent area;
61.27    (3) 2,000 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland
61.28wetland protection zone in a less than 50 percent area;
61.29    (4) 400 100 square feet of wetland types not listed in clauses (1) to (3) outside of
61.30the building setback zone of the shoreland wetland protection zones in all counties; or
61.31    (5) 400 square feet of type 1, 2, 3, 4, 5, 6, 7, or 8 wetland types listed in clauses (1)
61.32to (3), in beyond the building setback zone, as defined in the local shoreland management
61.33ordinance, but within the shoreland wetland protection zone, except that. In a greater
61.34than 80 percent area, the local government unit may increase the de minimis amount
61.35up to 1,000 square feet in the shoreland protection zone in areas beyond the building
62.1setback if the wetland is isolated and is determined to have no direct surficial connection
62.2to the public water. To the extent that a local shoreland management ordinance is more
62.3restrictive than this provision, the local shoreland ordinance applies; or
62.4    (6) up to 20 square feet of wetland, regardless of type or location.
62.5    (b) The amounts listed in paragraph (a), clauses (1) to (5) (6), may not be combined
62.6on a project.
62.7    (c) This exemption no longer applies to a landowner's portion of a wetland when
62.8the cumulative area drained or filled of the landowner's portion since January 1, 1992, is
62.9the greatest of:
62.10    (1) the applicable area listed in paragraph (a), if the landowner owns the entire
62.11wetland;
62.12    (2) five percent of the landowner's portion of the wetland; or
62.13    (3) 400 square feet.
62.14    (d) This exemption may not be combined with another exemption in this section on
62.15a project.
62.16    (e) Property may not be divided to increase the amounts listed in paragraph (a).
62.17EFFECTIVE DATE.This section is effective the day following final enactment.

62.18    Sec. 55. Minnesota Statutes 2006, section 103G.2241, subdivision 11, is amended to
62.19read:
62.20    Subd. 11. Exemption conditions. (a) A person conducting an activity in a wetland
62.21under an exemption in subdivisions 1 to 10 shall ensure that:
62.22    (1) appropriate erosion control measures are taken to prevent sedimentation of
62.23the water;
62.24    (2) the activity does not block fish passage in a watercourse; and
62.25    (3) the activity is conducted in compliance with all other applicable federal,
62.26state, and local requirements, including best management practices and water resource
62.27protection requirements established under chapter 103H.
62.28    (b) An activity is exempt if it qualifies for any one of the exemptions, even though it
62.29may be indicated as not exempt under another exemption.
62.30    (c) Persons proposing to conduct an exempt activity are encouraged to contact the
62.31local government unit or the local government unit's designee for advice on minimizing
62.32wetland impacts.
62.33    (d) The board shall develop rules that address the application and implementation
62.34of exemptions and that provide for estimates and reporting of exempt wetland impacts,
62.35including those in section 103G.2241, subdivisions 2, 6, and 9.
63.1EFFECTIVE DATE.This section is effective the day following final enactment.

63.2    Sec. 56. Minnesota Statutes 2006, section 103G.2242, subdivision 2, is amended to
63.3read:
63.4    Subd. 2. Evaluation. (a) Questions concerning the public value, location, size,
63.5or type of a wetland shall be submitted to and determined by a Technical Evaluation
63.6Panel after an on-site inspection. The Technical Evaluation Panel shall be composed of
63.7a technical professional employee of the board, a technical professional employee of
63.8the local soil and water conservation district or districts, a technical professional with
63.9expertise in water resources management appointed by the local government unit, and
63.10a technical professional employee of the Department of Natural Resources for projects
63.11affecting public waters or wetlands adjacent to public waters. The panel shall use the
63.12"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987),
63.13including updates, supplementary guidance, and replacements, if any, "Wetlands of
63.14the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition),
63.15and "Classification of Wetlands and Deepwater Habitats of the United States" (1979
63.16edition). The panel shall provide the wetland determination and recommendations on
63.17other technical matters to the local government unit that must approve a replacement
63.18plan, wetland banking plan, exemption determination, no-loss determination, or wetland
63.19boundary or type determination and may recommend approval or denial of the plan. The
63.20authority must consider and include the decision of the Technical Evaluation Panel in their
63.21approval or denial of a plan or determination.
63.22    (b) Persons conducting wetland or public waters boundary delineations or type
63.23determinations are exempt from the requirements of chapter 326. By January 15, 2001,
63.24the board, in consultation with the Minnesota Association of Professional Soil Scientists,
63.25the University of Minnesota, and the Wetland Delineators' Association, shall submit a plan
63.26for a professional wetland delineator certification program to the legislature. The board
63.27may develop a professional wetland delineator certification program.
63.28EFFECTIVE DATE.This section is effective the day following final enactment.

63.29    Sec. 57. Minnesota Statutes 2006, section 103G.2242, subdivision 2a, is amended to
63.30read:
63.31    Subd. 2a. Wetland boundary or type determination. (a) A landowner may apply
63.32for a wetland boundary or type determination from the local government unit. The
63.33landowner applying for the determination is responsible for submitting proof necessary
63.34to make the determination, including, but not limited to, wetland delineation field data,
63.35observation well data, topographic mapping, survey mapping, and information regarding
64.1soils, vegetation, hydrology, and groundwater both within and outside of the proposed
64.2wetland boundary.
64.3    (b) A local government unit that receives an application under paragraph (a) may
64.4seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, if
64.5necessary, expand the Technical Evaluation Panel. The local government unit may delegate
64.6the decision authority for wetland boundary or type determinations with the zoning
64.7administrator to designated staff, or establish other procedures it considers appropriate.
64.8    (c) The local government unit decision must be made in compliance with section
64.915.99 . Within ten calendar days of the decision, the local government unit decision must
64.10be mailed to the landowner, members of the Technical Evaluation Panel, the watershed
64.11district or watershed management organization, if one exists, and individual members of
64.12the public who request a copy.
64.13    (d) Appeals of decisions made by designated local government staff must be made
64.14to the local government unit. Notwithstanding any law to the contrary, a ruling on an
64.15appeal must be made by the local government unit within 30 days from the date of the
64.16filing of the appeal.
64.17    (e) The local government unit decision is valid for three years unless the Technical
64.18Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation,
64.19or soils of the area have been sufficient to alter the wetland boundary or type.
64.20EFFECTIVE DATE.This section is effective the day following final enactment.

64.21    Sec. 58. Minnesota Statutes 2006, section 103G.2242, subdivision 9, is amended to
64.22read:
64.23    Subd. 9. Appeal. (a) Appeal of a replacement plan, exemption, wetland banking,
64.24wetland boundary or type determination, or no-loss decision, or restoration order may
64.25be obtained by mailing a petition and payment of a filing fee of $200, which shall be
64.26retained by the board to defray administrative costs, to the board within 30 days after the
64.27postmarked date of the mailing specified in subdivision 7. If appeal is not sought within
64.2830 days, the decision becomes final. The local government unit may require the petitioner
64.29to post a letter of credit, cashier's check, or cash in an amount not to exceed $500. If the
64.30petition for hearing is accepted, the amount posted must be returned to the petitioner.
64.31Appeal may be made by:
64.32    (1) the wetland owner;
64.33    (2) any of those to whom notice is required to be mailed under subdivision 7; or
64.34    (3) 100 residents of the county in which a majority of the wetland is located.
65.1    (b) Within 30 days after receiving a petition, the board shall decide whether to
65.2grant the petition and hear the appeal. The board shall grant the petition unless the board
65.3finds that:
65.4    (1) the appeal is meritless, trivial, or brought solely for the purposes of delay;
65.5    (2) the petitioner has not exhausted all local administrative remedies;
65.6    (3) expanded technical review is needed;
65.7    (4) the local government unit's record is not adequate; or
65.8    (5) the petitioner has not posted a letter of credit, cashier's check, or cash if required
65.9by the local government unit.
65.10    (c) In determining whether to grant the appeal, the board shall also consider the
65.11size of the wetland, other factors in controversy, any patterns of similar acts by the local
65.12government unit or petitioner, and the consequences of the delay resulting from the appeal.
65.13    (d) All appeals must be heard by the committee for dispute resolution of the board,
65.14and a decision made within 60 days of filing the local government unit's record and the
65.15written briefs submitted for the appeal. The decision must be served by mail on the parties
65.16to the appeal, and is not subject to the provisions of chapter 14. A decision whether to
65.17grant a petition for appeal and a decision on the merits of an appeal must be considered the
65.18decision of an agency in a contested case for purposes of judicial review under sections
65.1914.63 to 14.69.
65.20    (e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to
65.21defray the administrative costs of appeals made to the board under this subdivision. Fees
65.22established under this authority shall not exceed $1,000. Establishment of the fee is not
65.23subject to the rulemaking process of chapter 14 and section 14.386 does not apply.
65.24EFFECTIVE DATE.This section is effective the day following final enactment.

65.25    Sec. 59. Minnesota Statutes 2006, section 103G.2242, subdivision 12, is amended to
65.26read:
65.27    Subd. 12. Replacement credits. (a) No public or private wetland restoration,
65.28enhancement, or construction may be allowed for replacement unless specifically
65.29designated for replacement and paid for by the individual or organization performing the
65.30wetland restoration, enhancement, or construction, and is completed prior to any draining
65.31or filling of the wetland.
65.32    (b) Paragraph (a) does not apply to a wetland whose owner has paid back with
65.33interest the individual or organization restoring, enhancing, or constructing the wetland.
65.34    (c) Notwithstanding section 103G.222, subdivision 1, paragraph (h) (i), the
65.35following actions, and others established in rule, that are consistent with criteria in rules
66.1adopted by the board in conjunction with the commissioners of natural resources and
66.2agriculture, are eligible for replacement credit as determined by the local government unit,
66.3including enrollment in a statewide wetlands bank:
66.4    (1) reestablishment of permanent native, noninvasive vegetative cover on a wetland
66.5on agricultural land that was planted with annually seeded crops, was in a crop rotation
66.6seeding of pasture grasses or legumes, or was in a land retirement program during the
66.7past ten years;
66.8    (2) buffer areas of permanent native, noninvasive vegetative cover established or
66.9preserved on upland adjacent to replacement wetlands;
66.10    (3) wetlands restored for conservation purposes under terminated easements or
66.11contracts; and
66.12    (4) water quality treatment ponds constructed to pretreat storm water runoff prior
66.13to discharge to wetlands, public waters, or other water bodies, provided that the water
66.14quality treatment ponds must be associated with an ongoing or proposed project that
66.15will impact a wetland and replacement credit for the treatment ponds is based on the
66.16replacement of wetland functions and on an approved stormwater management plan for
66.17the local government.
66.18    (d) Notwithstanding section 103G.222, subdivision 1, paragraphs (e) (f) and (f) (g),
66.19the board may establish by rule different replacement ratios for restoration projects with
66.20exceptional natural resource value.
66.21EFFECTIVE DATE.This section is effective the day following final enactment.

66.22    Sec. 60. Minnesota Statutes 2006, section 103G.2242, subdivision 15, is amended to
66.23read:
66.24    Subd. 15. Fees paid to board. All fees established in subdivision subdivisions 9
66.25and 14 must be paid to the Board of Water and Soil Resources and credited to the general
66.26fund to be used for the purpose of administration of the wetland bank and to process
66.27appeals under section 103G.2242, subdivision 9.
66.28EFFECTIVE DATE.This section is effective the day following final enactment.

66.29    Sec. 61. Minnesota Statutes 2006, section 103G.2243, subdivision 2, is amended to
66.30read:
66.31    Subd. 2. Plan contents. A comprehensive wetland protection and management
66.32plan may:
66.33    (1) provide for classification of wetlands in the plan area based on:
66.34    (i) an inventory of wetlands in the plan area;
67.1    (ii) an assessment of the wetland functions listed in section 103B.3355, using a
67.2methodology chosen by the Technical Evaluation Panel from one of the methodologies
67.3established or approved by the board under that section; and
67.4    (iii) the resulting public values;
67.5    (2) vary application of the sequencing standards in section 103G.222, subdivision 1,
67.6paragraph (b), for projects based on the classification and criteria set forth in the plan;
67.7    (3) vary the replacement standards of section 103G.222, subdivision 1, paragraphs
67.8(e) (f) and (f) (g), based on the classification and criteria set forth in the plan, for specific
67.9wetland impacts provided there is no net loss of public values within the area subject to
67.10the plan, and so long as:
67.11    (i) in a 50 to 80 percent area, a minimum acreage requirement of one acre of replaced
67.12wetland for each acre of drained or filled wetland requiring replacement is met within
67.13the area subject to the plan; and
67.14    (ii) in a less than 50 percent area, a minimum acreage requirement of two acres of
67.15replaced wetland for each acre of drained or filled wetland requiring replacement is met
67.16within the area subject to the plan, except that replacement for the amount above a 1:1
67.17ratio can be accomplished as described in section 103G.2242, subdivision 12; and
67.18    (4) in a greater than 80 percent area, allow replacement credit, based on the
67.19classification and criteria set forth in the plan, for any project that increases the public
67.20value of wetlands, including activities on adjacent upland acres; and.
67.21    (5) in a greater than 80 percent area, based on the classification and criteria set forth
67.22in the plan, expand the application of the exemptions in section 103G.2241, subdivision
67.231 , paragraph (a), clause (4), to also include nonagricultural land, provided there is no
67.24net loss of wetland values.
67.25EFFECTIVE DATE.This section is effective the day following final enactment.

67.26    Sec. 62. Minnesota Statutes 2006, section 103G.235, is amended to read:
67.27103G.235 RESTRICTIONS ON ACCESS TO PUBLIC WATERS WETLANDS.
67.28    Subdivision 1. Wetlands adjacent to roads. To protect the public health or safety,
67.29local units of government may by ordinance restrict public access to public waters
67.30wetlands from municipality, county, or township roads that abut public waters wetlands.
67.31    Subd. 2. Privately restored or created wetlands. When a landowner creates a new
67.32wetland or restores a formerly existing wetland on private land that is adjacent to public
67.33land or a public road right-of-way, there is no public access to the created or restored
67.34wetland if posted by the landowner.

67.35    Sec. 63. Minnesota Statutes 2006, section 103G.301, subdivision 2, is amended to read:
68.1    Subd. 2. Permit application fees. (a) A permit application fee to defray the costs of
68.2receiving, recording, and processing the application must be paid for a permit authorized
68.3under this chapter and for each request to amend or transfer an existing permit.
68.4    (b) The fee to apply for a permit to appropriate water by a nonpublic, nonagricultural
68.5irrigation applicant must be assessed to recover the reasonable costs of preparing and
68.6issuing the permit. Fees collected under this paragraph must be credited to an account in
68.7the natural resources fund and are appropriated to the commissioner.
68.8    (b) (c) The fee to apply for a permit to appropriate water, other than a permit subject
68.9to the fee under paragraph (b); a permit to construct or repair a dam that is subject to dam
68.10safety inspection,; or a state general permit or to apply for the state water bank program is
68.11$150. The application fee for a permit to work in public waters or to divert waters for
68.12mining must be at least $150, but not more than $1,000, according to a schedule of fees
68.13adopted under section 16A.1285.

68.14    Sec. 64. Minnesota Statutes 2006, section 115.55, subdivision 1, is amended to read:
68.15    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to sections
68.16115.55 to 115.56.
68.17    (b) "Advisory committee" means the Advisory Committee on Individual Sewage
68.18Treatment Systems established under the individual sewage treatment system rules. The
68.19advisory committee must be appointed to ensure geographic representation of the state
68.20and include elected public officials.
68.21    (c) "Applicable requirements" means:
68.22    (1) local ordinances that comply with the individual sewage treatment system rules,
68.23as required in subdivision 2; or
68.24    (2) in areas not subject to the ordinances described in clause (1), the individual
68.25sewage treatment system rules.
68.26    (d) "City" means a statutory or home rule charter city.
68.27    (e) "Commissioner" means the commissioner of the Pollution Control Agency.
68.28    (f) "Dwelling" means a building or place used or intended to be used by human
68.29occupants as a single-family or two-family unit.
68.30    (g) "Individual sewage treatment system" or "system" means a sewage treatment
68.31system, or part thereof, serving a dwelling, other establishment, or group thereof, that
68.32uses subsurface soil treatment and disposal.
68.33    (h) "Individual sewage treatment system professional" means an inspector, installer,
68.34site evaluator or designer, or pumper.
69.1    (i) "Individual sewage treatment system rules" means rules adopted by the agency
69.2that establish minimum standards and criteria for the design, location, installation, use,
69.3and maintenance of individual sewage treatment systems.
69.4    (j) "Inspector" means a person who inspects individual sewage treatment systems for
69.5compliance with the applicable requirements.
69.6    (k) "Installer" means a person who constructs or repairs individual sewage treatment
69.7systems.
69.8    (l) "Local unit of government" means a township, city, or county.
69.9    (m) "Performance-based system" means a system that is designed specifically for a
69.10site and the environmental conditions on that site and designed to adequately protect the
69.11public health and the environment and provide long-term performance. At a minimum, a
69.12performance based system must ensure that applicable water quality standards are met in
69.13both ground and surface water that ultimately receive the treated wastewater.
69.14    (n) "Pumper" means a person who maintains components of individual sewage
69.15treatment systems including, but not limited to, septic, aerobic, and holding tanks.
69.16    (n) (o) "Seasonal dwelling" means a dwelling that is occupied or used for less than
69.17180 days per year and less than 120 consecutive days.
69.18    (o) (p) "Septic system tank" means any covered receptacle designed, constructed,
69.19and installed as part of an individual sewage treatment system.
69.20    (p) (q) "Site evaluator or designer" means a person who:
69.21    (1) investigates soils and site characteristics to determine suitability, limitations, and
69.22sizing requirements; and
69.23    (2) designs individual sewage treatment systems.
69.24    (q) (r) "Straight-pipe system" means a sewage disposal system that includes toilet
69.25waste and transports raw or partially settled sewage directly to a lake, a stream, a drainage
69.26system, or ground surface.

69.27    Sec. 65. Minnesota Statutes 2006, section 115.55, subdivision 2, is amended to read:
69.28    Subd. 2. Local ordinances. (a) All counties that did not adopt ordinances by
69.29May 7, 1994, or that do not have ordinances, must adopt ordinances that comply with
69.30revisions to the individual sewage treatment system rules by January 1, 1999, unless all
69.31towns and cities in the county have adopted such ordinances within two years of the final
69.32adoption by the agency. County ordinances must apply to all areas of the county other
69.33than cities or towns that have adopted ordinances that comply with this section and are
69.34as strict as the applicable county ordinances. Any ordinance adopted by a local unit of
69.35government before May 7, 1994, to regulate individual sewage treatment systems must be
69.36in compliance with the individual sewage treatment system rules by January 1, 1998.
70.1    (b) A copy of each ordinance adopted under this subdivision must be submitted to
70.2the commissioner upon adoption.
70.3    (c) A local unit of government must make available to the public upon request a
70.4written list of any differences between its ordinances and rules adopted under this section.

70.5    Sec. 66. Minnesota Statutes 2006, section 115.55, subdivision 3, is amended to read:
70.6    Subd. 3. Rules. (a) The agency shall adopt rules containing minimum standards and
70.7criteria for the design, location, installation, use, and maintenance of individual sewage
70.8treatment systems. The rules must include:
70.9    (1) how the agency will ensure compliance under subdivision 2;
70.10    (2) how local units of government shall enforce ordinances under subdivision 2,
70.11including requirements for permits and inspection programs;
70.12    (3) how the advisory committee will participate in review and implementation of
70.13the rules;
70.14    (4) provisions for alternative nonstandard systems and performance-based systems;
70.15    (5) provisions for handling and disposal of effluent;
70.16    (6) provisions for system abandonment; and
70.17    (7) procedures for variances, including the consideration of variances based on cost
70.18and variances that take into account proximity of a system to other systems.
70.19    (b) The agency shall consult with the advisory committee before adopting rules
70.20under this subdivision.
70.21    (c) Notwithstanding the repeal of the agency rule under which the commissioner
70.22has established a list of warrantied individual sewage treatment systems, the warranties
70.23for all systems so listed as of the effective date of the repeal shall continue to be valid
70.24for the remainder of the warranty period.
70.25    (d) The rules required in paragraph (a) must also address the following:
70.26    (1) a definition of redoximorphic features and other criteria that can be used by
70.27system designers and inspectors;
70.28    (2) direction on the interpretation of observed soil features that may be
70.29redoximorphic and their relation to zones of seasonal saturation; and
70.30    (3) procedures on how to resolve professional disagreements on seasonally saturated
70.31soils.
70.32These rules must be in place by March 31, 2006.

70.33    Sec. 67. Minnesota Statutes 2006, section 115.55, is amended by adding a subdivision
70.34to read:
70.35    Subd. 12. Advisory committee; county individual sewage treatment system
70.36management plan. (a) A county may adopt an individual sewage treatment system
71.1management plan that describes how the county plans on carrying out individual sewage
71.2treatment system needs. The commissioner of the Pollution Control Agency shall form an
71.3advisory committee to determine what the plans should address. The advisory committee
71.4shall be made up of representatives of the Association of Minnesota Counties, Pollution
71.5Control Agency, Board of Water and Soil Resources, Department of Health, and other
71.6public agencies that have an interest in individual sewage treatment systems.
71.7    (b) The advisory committee shall advise the agency on the standards, management,
71.8monitoring, and reporting requirements for performance-based systems.

71.9    Sec. 68. Minnesota Statutes 2006, section 116C.92, is amended to read:
71.10116C.92 COORDINATION OF ACTIVITIES.
71.11    Subdivision 1. State coordinating organization. The Environmental Quality Board
71.12is designated the state coordinating organization for state and federal regulatory activities
71.13relating to genetically engineered organisms.
71.14    Subd. 2. Notice of nationwide action. The board shall notify interested parties if a
71.15permit to release genetically engineered wild rice is issued anywhere in the United States.
71.16For purposes of this subdivision, "interested parties" means:
71.17    (1) the state's wild rice industry;
71.18    (2) the legislature;
71.19    (3) federally recognized tribes within Minnesota; and
71.20    (4) individuals who request to be notified.

71.21    Sec. 69. Minnesota Statutes 2006, section 116C.94, subdivision 1, is amended to read:
71.22    Subdivision 1. General authority. (a) Except as provided in paragraph (b), the
71.23board shall adopt rules consistent with sections 116C.91 to 116C.96 that require an
71.24environmental assessment worksheet and otherwise comply with chapter 116D and rules
71.25adopted under it for a proposed release and a permit for a release. The board may place
71.26conditions on a permit and may deny, modify, suspend, or revoke a permit.
71.27    (b) The board shall adopt rules that require an environmental impact statement and
71.28otherwise comply with chapter 116D and rules adopted under it for a proposed release and
71.29a permit for a release of genetically engineered wild rice. The board may place conditions
71.30on the permit and may deny, modify, suspend, or revoke the permit.

71.31    Sec. 70. Minnesota Statutes 2006, section 116C.97, subdivision 2, is amended to read:
71.32    Subd. 2. Federal oversight. (a) If the board determines, upon its own volition or at
71.33the request of any person, that a federal program exists for regulating the release of certain
71.34genetically engineered organisms and the federal oversight under the program is adequate
71.35to protect human health or the environment, then any person may release such genetically
72.1engineered organisms after obtaining the necessary federal approval and without obtaining
72.2a state release permit or a significant environmental permit or complying with the other
72.3requirements of sections 116C.91 to 116C.96 and the rules of the board adopted pursuant
72.4to section 116C.94.
72.5    (b) If the board determines the federal program is adequate to meet only certain
72.6requirements of sections 116C.91 to 116C.96 and the rules of the board adopted pursuant
72.7to section 116C.94, the board may exempt such releases from those requirements.
72.8    (c) A person proposing a release for which a federal authorization is required may
72.9apply to the board for an exemption from the board's permit or to a state agency with a
72.10significant environmental permit for the proposed release for an exemption from the
72.11agency's permit. The proposer must file with the board or state agency a written request
72.12for exemption with a copy of the federal application and the information necessary to
72.13determine if there is a potential for significant environmental effects under chapter 116D
72.14and rules adopted under it. The board or state agency shall give public notice of the request
72.15in the first available issue of the EQB Monitor and shall provide an opportunity for public
72.16comment on the environmental review process consistent with chapter 116D and rules
72.17adopted under it. The board or state agency may grant the exemption if the board or state
72.18agency finds that the federal authorization issued is adequate to meet the requirements of
72.19chapter 116D and rules adopted under it and any other requirement of the board's or state
72.20agency's authority regarding the release of genetically engineered organisms. The board
72.21or state agency must grant or deny the exemption within 45 days after the receipt of the
72.22written request and the information required by the board or state agency.
72.23    (d) This subdivision does not apply to genetically engineered organisms for which
72.24an environmental impact statement is required under sections 116C.91 to 116C.96.

72.25    Sec. 71. Minnesota Statutes 2006, section 296A.18, subdivision 4, is amended to read:
72.26    Subd. 4. All-terrain vehicle. Approximately 0.15 0.27 of one percent of all gasoline
72.27received in or produced or brought into this state, except gasoline used for aviation
72.28purposes, is being used for the operation of all-terrain vehicles in this state, and of the total
72.29revenue derived from the imposition of the gasoline fuel tax, 0.15 0.27 of one percent is
72.30the amount of tax on fuel used in all-terrain vehicles operated in this state.

72.31    Sec. 72. Laws 2003, chapter 128, article 1, section 169, is amended to read:
72.32    Sec. 169. CONTINUOUS TRAIL DESIGNATION.
72.33    (a) The commissioner of natural resources shall locate, plan, design, map, construct,
72.34designate, and sign a new trail for use by all-terrain vehicles and off-highway motorcycles
72.35of not less than 70 continuous miles in length on any land owned by the state or in
73.1cooperation with any county on land owned by that county or on a combination of any of
73.2these lands. This new trail shall be ready for use by April 1, 2007 June 30, 2009.
73.3    (b) All funding for this new trail shall come from the all-terrain vehicle dedicated
73.4account and is appropriated each year as needed.
73.5    (c) This new trail shall have at least two areas of access complete with appropriate
73.6parking for vehicles and trailers and enough room for loading and unloading all-terrain
73.7vehicles. Some existing trails, that are strictly all-terrain vehicle trails, and are not
73.8inventoried forest roads, may be incorporated into the design of this new all-terrain vehicle
73.9trail. This new trail may be of a continuous loop design and shall provide for spurs to other
73.10all-terrain vehicle trails as long as those spurs do not count toward the 70 continuous miles
73.11of this new all-terrain vehicle trail. Four rest areas shall be provided along the way.

73.12    Sec. 73. Laws 2006, chapter 236, article 1, section 21, is amended to read:
73.13    Sec. 21. EXCHANGE OF TAX-FORFEITED LAND; PRIVATE SALE;
73.14ITASCA COUNTY.
73.15    (a) For the purpose of a land exchange for use in connection with a proposed
73.16steel mill in Itasca County referenced in Laws 1999, chapter 240, article 1, section 8,
73.17subdivision 3, title examination and approval of the land described in paragraph (b)
73.18shall be undertaken as a condition of exchange of the land for class B land, and shall be
73.19governed by Minnesota Statutes, section 94.344, subdivisions 9 and 10, and the provisions
73.20of this section. Notwithstanding the evidence of title requirements in Minnesota Statutes,
73.21section 94.344, subdivisions 9 and 10, the county attorney shall examine one or more title
73.22reports or title insurance commitments prepared or underwritten by a title insurer licensed
73.23to conduct title insurance business in this state, regardless of whether abstracts were
73.24created or updated in the preparation of the title reports or commitments. The opinion of
73.25the county attorney, and approval by the attorney general, shall be based on those title
73.26reports or commitments.
73.27    (b) The land subject to this section is located in Itasca County and is described as:
73.28    (1) Sections 3, 4, 7, 10, 14, 15, 16, 17, 18, 20, 21, 22, 23, 26, 28, and 29, Township
73.2956 North, Range 22 West;
73.30    (2) Sections 3, 4, 9, 10, 13, and 14, Township 56 North, Range 23 West;
73.31    (3) Section 30, Township 57 North, Range 22 West; and
73.32    (4) Sections 25, 26, 34, 35, and 36, Township 57 North, Range 23 West.
73.33    (c) Riparian land given in exchange by Itasca County for the purpose of the steel
73.34mill referenced in paragraph (a), is exempt from the restrictions imposed by Minnesota
73.35Statutes, section 94.342, subdivision 3.
74.1    (d) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
74.2and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell,
74.3by private sale, any land received in exchange for the purpose of the steel mill referenced
74.4in paragraph (a), under the remaining provisions of Minnesota Statutes, chapter 282. The
74.5sale must be in a form approved by the attorney general.
74.6    (e) Notwithstanding Minnesota Statutes, section 284.28, subdivision 8, or any other
74.7law to the contrary, land acquired through an exchange under this section is exempt from
74.8payment of three percent of the sales price required to be collected by the county auditor
74.9at the time of sale for deposit in the state treasury.

74.10    Sec. 74. ENDOCRINE DISRUPTOR REPORT.
74.11    The commissioner of the Pollution Control Agency shall prepare a report on
74.12strategies to prevent the entry of endocrine disruptors into waters of the state. The report
74.13must include an estimate for each strategy of the proportion of endocrine disruptors that
74.14are prevented from entering the waters of the state. The commissioner shall submit the
74.15report to the house and senate committees having jurisdiction over environment and
74.16natural resources policy and finance by January 15, 2008.

74.17    Sec. 75. EASEMENT REPORT REQUIRED.
74.18    By January 1, 2008, the commissioner of natural resources must report to the
74.19house and senate committees with jurisdiction over environment and natural resources
74.20finance with proposed minimum legal and conservation standards that could be applied
74.21to conservation easements acquired with public money.

74.22    Sec. 76. TAX-FORFEITED LANDS LEASE; ITASCA COUNTY.
74.23    Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary,
74.24the Itasca County auditor may lease tax-forfeited land to Minnesota Steel for a period of
74.2520 years, for use as a tailings basin and buffer area. A lease entered under this section
74.26is renewable.

74.27    Sec. 77. WILD RICE STUDY.
74.28    By February 15, 2008, the commissioner of natural resources must prepare a study
74.29for natural wild rice that includes:
74.30    (1) the current location and estimated acreage and area of natural stands;
74.31    (2) identified threats to natural stands, including, but not limited to, development
74.32pressure, water levels, pollution, invasive species, and genetic strains; and
74.33    (3) recommendations to the house and senate committees with jurisdiction over
74.34natural resources on protecting and increasing natural wild rice stands in the state.
75.1    In developing the study, the commissioner must contact and ask for comments
75.2from the state's wild rice industry, the commissioner of agriculture, local officials with
75.3significant areas of wild rice within their jurisdictions, tribal leaders within affected
75.4federally recognized tribes, and interested citizens.
75.5EFFECTIVE DATE.This section is effective the day following final enactment.

75.6    Sec. 78. CONSTRUCTION.
75.7    Nothing in sections 68, 69, 70, and 77 affects, alters, or modifies the authorities,
75.8responsibilities, obligations, or powers of the state or any political subdivision thereof or
75.9any federally recognized tribe.

75.10    Sec. 79. TECHNICAL ASSISTANCE.
75.11    The commissioner of the Pollution Control Agency shall establish a database of
75.12best practices regarding the installation, management, and maintenance of individual
75.13sewage treatment systems. The database must be made available to any interested public
75.14or private party.

75.15    Sec. 80. RULEMAKING.
75.16    Within 90 days of the effective date of this section, the Board of Water and Soil
75.17Resources shall adopt rules that amend Minnesota Rules, chapter 8420, to incorporate
75.18statute changes and to address the related wetland exemption provisions in Minnesota
75.19Rules, parts 8420.0115 to 8420.0210, and the wetland replacement and banking provisions
75.20in Minnesota Rules, parts 8420.0500 to 8420.0760. These rules are exempt from the
75.21rulemaking provisions of Minnesota Statutes, chapter 14, except that Minnesota Statutes,
75.22section 14.386, applies and the proposed rules must be submitted to the senate and house
75.23committees having jurisdiction over environment and natural resources at least 30 days
75.24prior to being published in the State Register. The amended rules are effective for two
75.25years from the date of publication in the State Register unless they are superseded by
75.26permanent rules.
75.27EFFECTIVE DATE.This section is effective the day following final enactment.

75.28    Sec. 81. VERMILLION HIGHLANDS WILDLIFE MANAGEMENT AREA.
75.29    (a) The following area is established and designated as the Vermillion Highlands
75.30Wildlife Management Area, subject to the special permitted uses authorized in this section:
75.31    The approximately 2,840 acres owned by the University of Minnesota lying within
75.32the area legally described as approximately the southerly 3/4 of the Southwest 1/4 of
75.33Section 1, the Southeast 1/4 of Section 2, the East 1/2 of Section 10, Section 11, the
76.1West 1/2 of Section 12, Section 13, and Section 14, all in Township 114 North, Range
76.219 West, Dakota County.
76.3    (b) Notwithstanding Minnesota Statutes, section 86A.05, subdivision 8, paragraph
76.4(c), permitted uses in the Vermillion Highlands Wildlife Management Area include:
76.5    (1) education, outreach, and agriculture with the intent to eventually phase out
76.6agriculture leases and plant and restore native prairie;
76.7    (2) research by the University of Minnesota or other permitted researchers;
76.8    (3) hiking, hunting, fishing, trapping, and other compatible wildlife-related
76.9recreation of a natural outdoors experience, without constructing new hard surface trails
76.10or roads, and supporting management and improvements;
76.11    (4) designated trails for hiking, horseback riding, biking, and cross-country skiing
76.12and necessary trailhead support with minimal impact on the permitted uses in clause (3);
76.13    (5) shooting sports facilities for sporting clays, skeet, American and international
76.14trapshooting, and rifle and pistol shooting, including sanctioned events and training for
76.15responsible handling and use of firearms;
76.16    (6) grant-in-aid snowmobile trails; and
76.17    (7) leases for small-scale farms to market vegetable farming.
76.18    (c) With the concurrence of representatives of the University of Minnesota and
76.19Dakota County, the commissioner of natural resources may, by posting or rule, restrict the
76.20permitted uses as follows:
76.21    (1) temporarily close areas or trails, by posting at the access points, to facilitate
76.22hunting. When temporarily closing trails under this clause, the commissioner shall avoid
76.23closing all trail loops simultaneously whenever practical; or
76.24    (2) limit other permitted uses to accommodate hunting and trapping after providing
76.25advance public notice. Research conducted by the university may not be limited unless
76.26mutually agreed by the commissioner and the University of Minnesota.
76.27    (d) Road maintenance within the wildlife management area shall be minimized, with
76.28the intent to abandon interior roads when no longer needed for traditional agriculture
76.29purposes.
76.30    (e) Money collected on leases from lands within the wildlife management area
76.31must be kept in a separate account and spent within the wildlife management area under
76.32direction of the representatives listed in paragraph (c). $200,000 of this money may be
76.33transferred to the commissioner of natural resources for a master planning process and
76.34resource inventory of the land identified in Minnesota Statutes, section 137.50, subdivision
76.356, in order to provide needed prairie and wetland restoration. The commissioner must work
77.1with affected officials from the University of Minnesota and Dakota County to complete
77.2these requirements and inform landowners and lessees about the planning process.
77.3    (f) Notwithstanding Minnesota Statutes, sections 97A.061 and 477A.11, the state
77.4of Minnesota shall not provide payments in lieu of taxes for the lands described in
77.5paragraph (a).

77.6    Sec. 82. REPEALER.
77.7(a) Minnesota Statutes 2006, section 89A.11, is repealed.
77.8(b) Minnesota Statutes 2006, section 103G.2241, subdivision 8, is repealed.
77.9EFFECTIVE DATE.Paragraph (a) of this section is effective July 1, 2007.
77.10Paragraph (b) of this section is effective the day following final enactment."
77.11Delete the title and insert:
77.13relating to natural resources; appropriating money for environment and natural
77.14resources; modifying disposition of certain revenue; authorizing certain sales;
77.15modifying and creating certain accounts; modifying and establishing certain fees
77.16and surcharges; establishing an off-highway vehicle safety and conservation
77.17program; defining certain terms; providing for venison donation; providing for
77.18prairie establishment guidance; creating the Cuyuna Country State Recreation
77.19Area Citizens Advisory Council; exempting certain exchanged land from the
77.20tax-forfeited land assurance fee; authorizing certain leases of tax-forfeited
77.21lands; modifying definition of public official; modifying agency service
77.22requirements; creating a grant program; designating a state wildlife management
77.23area; improving oversight of local government water management; modifying
77.24authority of watershed district board of managers and soil and water conservation
77.25board of supervisors; modifying provisions for wetland conservation; modifying
77.26requirements for ditch buffers; modifying provisions for individual sewage
77.27treatment systems; providing for civil enforcement; modifying provisions for
77.28regulating genetically engineered organisms; establishing requirements for
77.29acquisition of easements; modifying access to certain wetlands; modifying
77.30percentage of gasoline use attributable to all-terrain vehicles; modifying trail
77.31designation requirements; eliminating sunset of sustainable forest resources
77.32provisions; authorizing rulemaking; requiring reports and studies; amending
77.33Minnesota Statutes 2006, sections 10A.01, subdivision 35; 15.99, subdivision 3;
77.3416A.531, subdivision 1a; 84.025, subdivision 9; 84.026, subdivision 1; 84.0272,
77.35by adding a subdivision; 84.0855, subdivisions 1, 2; 84.780; 84.927, subdivision
77.362; 84.963; 84D.13, subdivision 7; 85.054, by adding a subdivision; 86B.706,
77.37subdivision 2; 89.22, subdivision 2; 93.22, subdivision 1; 97A.055, subdivision
77.384; 97A.065, by adding a subdivision; 97A.133, by adding a subdivision;
77.3997A.475, subdivision 7, by adding a subdivision; 97A.485, subdivision 7;
77.4097C.081, subdivision 3; 103B.101, by adding a subdivision; 103C.321, by adding
77.41a subdivision; 103D.325, by adding a subdivision; 103E.021, subdivisions 1, 2,
77.423, by adding a subdivision; 103E.315, subdivision 8; 103E.321, subdivision 1;
77.43103E.701, by adding a subdivision; 103E.705, subdivisions 1, 2, 3; 103E.728,
77.44subdivision 2; 103G.222, subdivisions 1, 3; 103G.2241, subdivisions 1, 2, 3,
77.456, 9, 11; 103G.2242, subdivisions 2, 2a, 9, 12, 15; 103G.2243, subdivision 2;
77.46103G.235; 103G.301, subdivision 2; 115.55, subdivisions 1, 2, 3, by adding a
77.47subdivision; 116C.92; 116C.94, subdivision 1; 116C.97, subdivision 2; 296A.18,
77.48subdivision 4; Laws 2003, chapter 128, article 1, section 169; Laws 2006, chapter
77.49236, article 1, section 21; proposing coding for new law in Minnesota Statutes,
78.1chapters 17; 84; 84D; 85; 89; 97B; 103B; 103E; repealing Minnesota Statutes
78.22006, sections 89A.11; 103G.2241, subdivision 8."