1.1                          A bill for an act 
  1.2             relating to the organization and operation of state 
  1.3             government; appropriating money for environmental, 
  1.4             natural resource, and agricultural purposes; providing 
  1.5             for regulation of certain activities and practices; 
  1.6             providing for accounts, assessments, and fees; 
  1.7             amending Minnesota Statutes 1996, sections 17.03, by 
  1.8             adding a subdivision; 17.101; 17.116, subdivisions 2 
  1.9             and 3; 17.4988; 17.76; 18.79, by adding a subdivision; 
  1.10            18C.421, subdivisions 1 and 4; 18C.425, subdivisions 
  1.11            1, 2, 3, and 6; 18C.531, subdivision 2; 18C.551; 
  1.12            25.31; 25.32; 25.33, subdivisions 1, 5, 6, 9, 20, and 
  1.13            by adding subdivisions; 25.35; 25.36; 25.37; 25.38; 
  1.14            25.39; 25.41, subdivision 6; 28A.08, subdivision 3; 
  1.15            32.103; 32.394, subdivisions 8, 8a, 8b, and 8d; 35.71, 
  1.16            subdivision 5; 35.824; 41A.09, subdivision 3a; 84.027, 
  1.17            by adding a subdivision; 84.0273; 84.82, subdivision 
  1.18            3; 85.015, by adding a subdivision; 85.052, 
  1.19            subdivision 3; 85.053, subdivisions 1 and 4; 85.055, 
  1.20            subdivision 1, and by adding a subdivision; 88.79, by 
  1.21            adding a subdivision; 92.06, subdivisions 1 and 4; 
  1.22            92.16, subdivision 1; 94.10, subdivision 2; 97A.015, 
  1.23            by adding a subdivision; 97A.028, subdivisions 1 and 
  1.24            3; 97A.075, subdivision 1; 97A.405, subdivision 2; 
  1.25            97A.415, subdivision 2; 97A.475; 97B.667; 97B.715, 
  1.26            subdivision 1; 97B.721; 97B.801; 97C.305, subdivision 
  1.27            1; 97C.501, subdivision 2; 97C.801; 97C.835, by adding 
  1.28            a subdivision; 103F.378, subdivision 1; 115A.932, 
  1.29            subdivision 1; 115B.02, subdivision 16, and by adding 
  1.30            a subdivision; 115B.17, subdivisions 14, 15, and by 
  1.31            adding subdivisions; 115B.175, subdivisions 2 and 6a; 
  1.32            115B.412, subdivision 10; 115B.48, subdivisions 3 and 
  1.33            8; 115B.49, subdivision 4; 116.07, subdivisions 4d and 
  1.34            7; 116.92, by adding a subdivision; 116C.834, 
  1.35            subdivision 2; 116O.09, subdivisions 2, 5, and 9; 
  1.36            168.1291; 216B.2423, by adding a subdivision; 216C.41, 
  1.37            subdivision 1; 223.17, subdivision 3; 236.02, 
  1.38            subdivisions 1 and 2; 300.11, by adding a subdivision; 
  1.39            308A.101, by adding a subdivision; 308A.201, by adding 
  1.40            a subdivision; 347.33, subdivision 3; 394.25, 
  1.41            subdivision 2, and by adding a subdivision; 446A.02, 
  1.42            subdivision 6; 462.357, subdivision 1; 477A.12; and 
  1.43            477A.14; Laws 1995, chapter 220, section 19; and Laws 
  1.44            1996, chapter 463, section 7, subdivision 24; 
  1.45            proposing coding for new law in Minnesota Statutes, 
  1.46            chapters 4; 17; 25; 92; 94; 115; and 116; repealing 
  2.1             Minnesota Statutes 1996, sections 18C.541, subdivision 
  2.2             6; 25.34; 115A.908, subdivision 3; 115B.223; 115B.224; 
  2.3             116.991; 116.992; and 296.02, subdivision 7a; Laws 
  2.4             1995, chapter 220, section 21. 
  2.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.6   Section 1.  [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 
  2.7      The sums shown in the columns marked "APPROPRIATIONS" are 
  2.8   appropriated from the general fund, or another fund named, to 
  2.9   the agencies and for the purposes specified in this act, to be 
  2.10  available for the fiscal years indicated for each purpose.  The 
  2.11  figures "1997," "1998," and "1999," where used in this act, mean 
  2.12  that the appropriation or appropriations listed under them are 
  2.13  available for the year ending June 30, 1997, June 30, 1998, or 
  2.14  June 30, 1999, respectively.  
  2.15                          SUMMARY BY FUND
  2.16               1997        1998           1999          TOTAL
  2.17  General   $500,000    $175,920,000   $170,861,000  $347,281,000
  2.18  Petroleum Tank           3,335,000      3,385,000     6,720,000
  2.19  State Government
  2.20  Special Revenue             42,000         43,000        85,000
  2.21  Special Revenue         11,433,000     11,438,000    22,871,000
  2.22  Environmental           21,221,000     22,270,000    43,491,000
  2.23  Metro Landfill 
  2.24  Contingency Trust          137,000        140,000       277,000
  2.25  Solid Waste              6,376,000      6,526,000    12,902,000
  2.26  Natural Resources       23,417,000     23,615,000    47,032,000
  2.27  Game and Fish           55,589,000     57,276,000   112,865,000
  2.28  Minnesota      
  2.29  Future Resources        14,664,000        -0-        14,664,000
  2.30  Environmental Trust     23,120,000        -0-        23,120,000
  2.31  Great Lakes  
  2.32  Protection                 120,000        -0-           120,000 
  2.33  Oil Overcharge             150,000        -0-           150,000
  2.34  TOTAL      500,000     335,536,000    295,566,000   631,578,000
  2.35                                             APPROPRIATIONS 
  2.36                                         Available for the Year 
  2.37                                             Ending June 30 
  2.38                                            1998         1999 
  2.39  Sec. 2.  POLLUTION CONTROL    
  2.40  AGENCY  
  2.41  Subdivision 1.  Total           
  2.42  Appropriation                         44,542,000     42,971,000
  3.1                 Summary by Fund
  3.2   General                               14,346,000     11,539,000
  3.3   Petroleum Tank                         3,335,000      3,385,000
  3.4   State Government Special Revenue          42,000         43,000
  3.5   Special Revenue                          740,000        755,000
  3.6   Environmental                         19,666,000     20,683,000
  3.7   Metro Landfill Contingency               137,000        140,000
  3.8   Solid Waste                            6,276,000      6,426,000
  3.9   The amounts that may be spent from this 
  3.10  appropriation for each program are 
  3.11  specified in the following subdivisions.
  3.12  Subd. 2.  Protection of the Water 
  3.13      14,101,000     11,422,000
  3.14                Summary by Fund
  3.15  General              11,215,000     8,475,000
  3.16  State Governmental
  3.17  Special Revenue          42,000        43,000
  3.18  Environmental         2,844,000     2,904,000
  3.19  $1,946,000 the first year is for grants 
  3.20  to local units of government for the 
  3.21  clean water partnership program.  Any 
  3.22  unencumbered balance remaining in the 
  3.23  first year does not cancel and is 
  3.24  available for the second year of the 
  3.25  biennium. 
  3.26  $515,000 the first year and $519,000 
  3.27  the second year are for the Minnesota 
  3.28  River nonpoint source pollution program 
  3.29  and must be matched by federal dollars. 
  3.30  Of this amount, $855,000 in each fiscal 
  3.31  year is for grants for county 
  3.32  administration of the feedlot permit 
  3.33  program.  This amount is transferred to 
  3.34  the board of water and soil resources 
  3.35  for disbursement in accordance with 
  3.36  Minnesota Statutes, section 103B.3369, 
  3.37  in cooperation with the pollution 
  3.38  control agency.  Grants must be matched 
  3.39  with a combination of local cash and/or 
  3.40  in-kind contributions.  Counties 
  3.41  receiving these grants shall submit an 
  3.42  annual report to the pollution control 
  3.43  agency regarding activities conducted 
  3.44  under the grant, expenditures made, and 
  3.45  local match contributions.  First 
  3.46  priority for funding shall be given to 
  3.47  counties that have requested and 
  3.48  received delegation from the pollution 
  3.49  control agency for processing of animal 
  3.50  feedlot permit applications under 
  3.51  Minnesota Statutes, section 116.07, 
  3.52  subdivision 7.  Delegated counties 
  4.1   shall be eligible to receive a grant of 
  4.2   either:  $30 multiplied by the number 
  4.3   of livestock or poultry farms with 
  4.4   sales greater than $10,000, as reported 
  4.5   in the 1992 Census of Agriculture, 
  4.6   published by the United States Bureau 
  4.7   of Census; or $35 multiplied by the 
  4.8   number of feedlots with greater than 
  4.9   ten animal units as determined by a 
  4.10  level 2 or level 3 feedlot inventory 
  4.11  conducted in accordance with the 
  4.12  Feedlot Inventory Guidebook published 
  4.13  by the board of water and soil 
  4.14  resources, dated June 1991.  To receive 
  4.15  the additional funding that is based on 
  4.16  the county feedlot inventory, the 
  4.17  county shall submit a copy of the 
  4.18  inventory to the pollution control 
  4.19  agency.  Any remaining money is for 
  4.20  distribution to all counties on a 
  4.21  competitive basis through the challenge 
  4.22  grant process for the conducting of 
  4.23  feedlot inventories, development of 
  4.24  delegated county feedlot programs, and 
  4.25  for information and education or 
  4.26  technical assistance efforts to reduce 
  4.27  feedlot-related pollution hazards.  Any 
  4.28  money remaining after the first year is 
  4.29  available for the second year. 
  4.30  $200,000 is for a grant to the Red 
  4.31  river basin board to develop a Red 
  4.32  river basin plan that will aid in 
  4.33  coordinating water management 
  4.34  activities in the states and provinces 
  4.35  bordering the Red river.  This 
  4.36  appropriation is only available to the 
  4.37  extent it is matched by an equal amount 
  4.38  from the state of North Dakota.  This 
  4.39  appropriation is available until June 
  4.40  30, 1999.  This appropriation is from 
  4.41  the base reduction in section 5, 
  4.42  subdivision 9.  This is a one-time 
  4.43  appropriation. 
  4.44  $111,000 the first year and $113,000 
  4.45  the second year are for the operation 
  4.46  of water quality monitoring stations. 
  4.47  $102,000 the first year and $104,000 
  4.48  the second year are for water quality 
  4.49  statistical analysis. 
  4.50  $1,312,000 the first year and 
  4.51  $1,038,000 the second year are for 
  4.52  water monitoring activities.  Of these 
  4.53  amounts, $550,000 the first year and 
  4.54  $300,000 the second year are for 
  4.55  payment of a grant to the metropolitan 
  4.56  council for monitoring of metro area 
  4.57  rivers and streams. 
  4.58  $273,000 the first year and $435,000 
  4.59  the second year are for community 
  4.60  technical assistance and education. 
  4.61  $200,000 the first year and $200,000 
  4.62  the second year are for individual 
  4.63  sewage treatment system (ISTS) 
  4.64  administration.  $....... each year is 
  4.65  transferred to the board of water and 
  5.1   soil resources for assistance to local 
  5.2   units of government through competitive 
  5.3   grant programs for ISTS program 
  5.4   development. 
  5.5   $214,000 is for administration of the 
  5.6   wastewater infrastructure fund (WIF) 
  5.7   construction program. 
  5.8   Notwithstanding Laws 1994, chapter 617, 
  5.9   section 3, paragraph (b), the amount 
  5.10  spent of the $120,000 appropriation 
  5.11  from the environmental fund for the 
  5.12  ISTS program during the biennium ending 
  5.13  June 30, 1995, must be reimbursed to 
  5.14  the environmental fund no later than 
  5.15  June 30, 1999. 
  5.16  $140,000 the first year and $60,000 the 
  5.17  second year are for the investigation 
  5.18  of deformed frogs in Minnesota, and may 
  5.19  be used for cooperative arrangements 
  5.20  with federal agencies. 
  5.21  Subd. 3.  Protection of the Air 
  5.22       7,810,000      8,573,000
  5.23                Summary by Fund
  5.24  Environmental         7,070,000     7,818,000
  5.25  Special Revenue         740,000       755,000
  5.26  Up to $150,000 in the first year and 
  5.27  $150,000 in the second year may be 
  5.28  transferred to the small business 
  5.29  environmental improvement loan account 
  5.30  established in Minnesota Statutes, 
  5.31  section 116.994. 
  5.32  $200,000 each year from the 
  5.33  environmental fund is for a monitoring 
  5.34  program under Minnesota Statutes, 
  5.35  section 116.454. 
  5.36  Subd. 4.  Protection of the 
  5.37  Land 
  5.38      15,811,000     16,038,000
  5.39                Summary by Fund
  5.40  General               1,679,000     1,699,000
  5.41  Petroleum Tank        2,744,000     2,785,000
  5.42  Environmental         6,101,000     6,142,000
  5.43  Metro Landfill 
  5.44  Contingency             129,000       132,000
  5.45  Solid Waste           5,158,000     5,280,000
  5.46  If the account balance is sufficient, 
  5.47  up to $3,100,000 the first year and up 
  5.48  to $3,300,000 the second year are 
  5.49  transferred from the motor vehicle 
  5.50  transfer account in the environmental 
  5.51  fund to the environmental response, 
  5.52  compensation, and compliance account in 
  6.1   the environmental fund and is 
  6.2   appropriated as provided in this 
  6.3   subdivision. 
  6.4   $800,000 the first year and $600,000 
  6.5   the second year are transferred from 
  6.6   the motor vehicle account in the 
  6.7   environmental fund to the snowmobile 
  6.8   trails and enforcement account in the 
  6.9   natural resources fund. 
  6.10  All money in the environmental 
  6.11  response, compensation, and compliance 
  6.12  account in the environmental fund not 
  6.13  otherwise appropriated is appropriated 
  6.14  to the commissioners of the pollution 
  6.15  control agency and the department of 
  6.16  agriculture for purposes of Minnesota 
  6.17  Statutes, section 115B.20, subdivision 
  6.18  2, clauses (1), (2), (3), (4), (11), 
  6.19  (12), and (13).  At the beginning of 
  6.20  each fiscal year, the two commissioners 
  6.21  shall jointly submit an annual spending 
  6.22  plan to the commissioner of finance 
  6.23  that maximizes the utilization of 
  6.24  resources and appropriately allocates 
  6.25  the money between the two agencies.  
  6.26  This appropriation is available until 
  6.27  June 30, 1999. 
  6.28  Any unencumbered balance from the 
  6.29  metropolitan landfill contingency 
  6.30  action trust fund remaining in the 
  6.31  first year does not cancel but is 
  6.32  available for the second year. 
  6.33  $51,000 the first year and $52,000 the 
  6.34  second year are from the solid waste 
  6.35  fund for transfer to the commissioner 
  6.36  of revenue to enhance compliance and 
  6.37  collection of solid waste assessments. 
  6.38  The agency's annual performance reports 
  6.39  required for this biennium under 
  6.40  Minnesota Statutes, section 15.91, must 
  6.41  specify the amount of lead, mercury, 
  6.42  and cadmium contained in sewage 
  6.43  biosolids spread on the land after 
  6.44  wastewater treatment. 
  6.45  Subd. 5.  General Support 
  6.46       6,820,000      6,938,000
  6.47                Summary by Fund
  6.48  General               1,452,000     1,365,000
  6.49  Petroleum Tank          591,000       600,000
  6.50  Environmental         3,651,000     3,819,000
  6.51  Metro Landfill
  6.52  Contingency               8,000         8,000
  6.53  Solid Waste           1,118,000     1,146,000
  6.54  Sec. 3.  OFFICE OF ENVIRONMENTAL 
  6.55  ASSISTANCE                            20,497,000     20,595,000
  6.56                Summary by Fund
  7.1   General              19,211,000    19,277,000
  7.2   Environmental         1,286,000     1,318,000
  7.3   $14,008,000 the first year and 
  7.4   $14,008,000 the second year are for the 
  7.5   SCORE block grants to counties. 
  7.6   Any unencumbered grant and loan 
  7.7   balances in the first year do not 
  7.8   cancel but are available for grants and 
  7.9   loans in the second year. 
  7.10  All money in the metropolitan landfill 
  7.11  abatement account in the environmental 
  7.12  fund not otherwise appropriated is 
  7.13  appropriated to the office of 
  7.14  environmental assistance for the 
  7.15  purposes of Minnesota Statutes, section 
  7.16  473.844. 
  7.17  Sec. 4.  ZOOLOGICAL BOARD 
  7.18  Subdivision 1.  Total
  7.19  Appropriation                          5,545,000      5,368,000
  7.20  The amounts that may be spent from this 
  7.21  appropriation are specified in the 
  7.22  following subdivisions. 
  7.23  Subd. 2.  Biological Programs
  7.24       3,707,000      3,797,000 
  7.25  Subd. 3.  Operations
  7.26       4,879,000      4,692,000 
  7.27  $250,000 in the first year is for 
  7.28  computer systems.  
  7.29  Sec. 5.  NATURAL RESOURCES 
  7.30  Subdivision 1.  Total 
  7.31  Appropriation                        174,598,000    176,817,000
  7.32                Summary by Fund
  7.33  General              95,523,000    95,858,000
  7.34  Natural Resources    23,386,000    23,583,000
  7.35  Game and Fish        55,589,000    57,276,000
  7.36  Solid Waste             100,000       100,000
  7.37  The amounts that may be spent from this 
  7.38  appropriation for each program are 
  7.39  specified in the following subdivisions.
  7.40  Subd. 2.  Mineral Resources Management
  7.41       4,799,000      4,883,000
  7.42                Summary by Fund
  7.43  General               4,799,000     4,883,000
  7.44  $311,000 the first year and $311,000 
  7.45  the second year are for iron ore 
  7.46  cooperative research, of which $225,000 
  8.1   the first year and $225,000 the second 
  8.2   year are available only as matched by 
  8.3   $1 of nonstate money for each $1 of 
  8.4   state money.  Any unencumbered balance 
  8.5   remaining in the first year does not 
  8.6   cancel but is available for the second 
  8.7   year. 
  8.8   $376,000 the first year and $377,000 
  8.9   second year are for mineral 
  8.10  diversification.  Any unencumbered 
  8.11  balance remaining in the first year 
  8.12  does not cancel but is available for 
  8.13  the second year.  
  8.14  $46,000 the first year and $47,000 the 
  8.15  second year are for minerals 
  8.16  cooperative environmental research, of 
  8.17  which $30,000 the first year and 
  8.18  $30,000 the second year are available 
  8.19  only as matched by $1 of nonstate money 
  8.20  for each $1 of state money.  Any 
  8.21  unencumbered balance remaining in the 
  8.22  first year does not cancel but is 
  8.23  available for the second year. 
  8.24  Subd. 3.  Water Resources Management 
  8.25      10,192,000      9,550,000
  8.26                Summary by Fund
  8.27  General               9,941,000     9,294,000
  8.28  Natural Resources       251,000       256,000
  8.29  $95,000 the first year and $95,000 the 
  8.30  second year are for a grant to the 
  8.31  Mississippi headwaters board for up to 
  8.32  50 percent of the cost of implementing 
  8.33  the comprehensive plan for the upper 
  8.34  Mississippi within areas under its 
  8.35  jurisdiction.  
  8.36  $17,000 the first year and $17,000 the 
  8.37  second year are for payment to the 
  8.38  Leech Lake Band of Chippewa Indians to 
  8.39  implement its portion of the 
  8.40  comprehensive plan for the upper 
  8.41  Mississippi.  
  8.42  The outstanding balance of the loan to 
  8.43  the city of Fridley for reconstruction 
  8.44  of the Locke Lake dam, that was 
  8.45  appropriated in Laws 1991, chapter 254, 
  8.46  article 1, section 5, subdivision 3, is 
  8.47  canceled and forgiven. 
  8.48  $70,000 the first year is for a grant 
  8.49  to the city of Granite Falls, not to 
  8.50  exceed 50 percent of the nonfederal 
  8.51  share of costs for restoration of the 
  8.52  banks of the Minnesota river within the 
  8.53  city limits. 
  8.54  $15,000 the first year and $15,000 the 
  8.55  second year are for a grant to the 
  8.56  joint powers board established under 
  8.57  Minnesota Statutes, section 471.59, for 
  8.58  the Lewis and Clark rural water 
  8.59  system.  The joint powers board must 
  9.1   prepare an annual work plan that 
  9.2   identifies actions to be taken to 
  9.3   advance the Lewis and Clark project as 
  9.4   a continuing source of water to meet 
  9.5   water supply needs in the southwest 
  9.6   part of the state.  The work plan must 
  9.7   include a report on the ongoing efforts 
  9.8   of member cities and rural water 
  9.9   systems to conserve water and protect 
  9.10  existing groundwater supplies.  The 
  9.11  work plan is subject to review and 
  9.12  approval by the commissioner.  This 
  9.13  appropriation is available to the 
  9.14  extent matched by an equal amount of 
  9.15  nonstate money. 
  9.16  Notwithstanding Minnesota Statutes, 
  9.17  section 103G.271, subdivision 6, 
  9.18  paragraph (g), all water appropriation 
  9.19  fees collected from July 1, 1998, to 
  9.20  July 1, 1999, shall be deposited in the 
  9.21  general fund. 
  9.22  $100,000 is for a mediation process 
  9.23  regarding flood damage reduction issues 
  9.24  in the Red river basin.  The 
  9.25  commissioner, the Red River Watershed 
  9.26  Management Board, and additional 
  9.27  parties selected in an equal number by 
  9.28  the commissioner and by the board are 
  9.29  the parties to the mediation.  All 
  9.30  parties to the mediation must consent 
  9.31  to the expenditure of any funds by the 
  9.32  commissioner for the mediation process. 
  9.33  $50,000 of this appropriation is from 
  9.34  the base reduction in subdivision 9.  
  9.35  This is a one-time appropriation. 
  9.36  $190,000 is for a grant to the city of 
  9.37  East Grand Forks for a river bank 
  9.38  stabilization project on the Red River 
  9.39  of the North and the Red Lake river.  
  9.40  The appropriation is available until 
  9.41  June 30, 1999, to the extent matched by 
  9.42  an equal amount of nonstate money. 
  9.43  $376,000 is for a grant to the city of 
  9.44  Marshall for its flood control 
  9.45  project.  $70,000 is for the Lake 
  9.46  Charlotte project in Wright county.  
  9.47  Prior to these funds being made 
  9.48  available, the commissioner must ensure 
  9.49  that the project sponsor has held a 
  9.50  public hearing in each affected 
  9.51  watershed. 
  9.52  Subd. 4.  Forest Management 
  9.53      32,612,000     32,926,000
  9.54                Summary by Fund
  9.55  General              32,169,000    32,474,000
  9.56  Natural Resources       443,000       452,000
  9.57  $2,771,000 the first year and 
  9.58  $2,808,000 the second year are for 
  9.59  presuppression and suppression costs of 
  9.60  emergency fire fighting.  If the 
  9.61  appropriation for either year is 
 10.1   insufficient, the appropriation for the 
 10.2   other year is available for it.  If 
 10.3   these appropriations are insufficient 
 10.4   to cover all costs of suppression, the 
 10.5   amount necessary to pay for emergency 
 10.6   firefighting expenses during the 
 10.7   biennium is appropriated from the 
 10.8   general fund.  If money is spent under 
 10.9   the appropriation in the preceding 
 10.10  sentence, the commissioner of natural 
 10.11  resources shall, by the 15th day of the 
 10.12  following month, report on how the 
 10.13  money was spent to the chairs of the 
 10.14  senate finance committee, the house of 
 10.15  representatives ways and means 
 10.16  committee, the finance division of the 
 10.17  senate environment and natural 
 10.18  resources committee, and the house of 
 10.19  representatives environment and natural 
 10.20  resources finance committee.  The 
 10.21  appropriations may not be transferred.  
 10.22  $1,018,000 the first year and 
 10.23  $1,030,000 the second year are for 
 10.24  implementation of the activities under 
 10.25  Minnesota Statutes, chapter 89A.  Up to 
 10.26  $240,000 the first year and $190,000 
 10.27  the second year are available for 
 10.28  grants to the University of Minnesota 
 10.29  College of Natural Resources' 
 10.30  Continuing Education Center, county 
 10.31  land departments for participation in 
 10.32  the Interagency Information 
 10.33  Cooperative, and for forest research 
 10.34  projects identified by the Minnesota 
 10.35  Forest Resources Council's Research 
 10.36  Advisory Committee. 
 10.37  By December 31, 1998, the council must 
 10.38  submit its fully integrated and 
 10.39  comprehensive timber harvest guidelines 
 10.40  to the senate environment and 
 10.41  agriculture budget division and the 
 10.42  house environment and natural resources 
 10.43  finance committee. 
 10.44  $200,000 is for grants to the counties 
 10.45  of Becker, Clearwater, and Hubbard for 
 10.46  reforestation, timber stand 
 10.47  improvements, aerial photography, and 
 10.48  new forest inventories in areas damaged 
 10.49  by windstorms in July 1995.  The 
 10.50  appropriation is available until June 
 10.51  30, 1999.  Of this amount, $22,000 is 
 10.52  for Becker county, $58,000 for Hubbard 
 10.53  county, and $120,000 for Clearwater 
 10.54  county. 
 10.55  $600,000 the first year and $600,000 
 10.56  the second year are for programs and 
 10.57  practices on state, county, and private 
 10.58  lands to regenerate and protect 
 10.59  Minnesota's white pine.  Up to $280,000 
 10.60  of the appropriation in each year may 
 10.61  be used by the commissioner to provide 
 10.62  50 percent matching funds to implement 
 10.63  cultural practices for white pine 
 10.64  management on nonindustrial, private 
 10.65  forest lands at rates specified in the 
 10.66  Minnesota stewardship incentives 
 10.67  program manual.  Up to $150,000 of the 
 11.1   appropriation in each year may be used 
 11.2   by the commissioner to provide funds to 
 11.3   implement cultural practices for white 
 11.4   pine management on county-administered 
 11.5   lands through grant agreements with 
 11.6   individual counties, with priorities 
 11.7   for areas that experienced wind damage 
 11.8   in July 1995.  $40,000 each year is for 
 11.9   a study of the natural regeneration 
 11.10  process of white pine.  The remainder 
 11.11  of the funds in each fiscal year will 
 11.12  be available to the commissioner for 
 11.13  white pine regeneration and protection 
 11.14  on department-administered lands. 
 11.15  $150,000 the first year and $150,000 
 11.16  the second year is appropriated to the 
 11.17  commissioner for a grant to the 
 11.18  University of Minnesota's College of 
 11.19  Natural Resources for research to 
 11.20  reduce the impact of blister rust on 
 11.21  Minnesota's white pine. 
 11.22  Subd. 5.  Parks and Recreation 
 11.23  Management 
 11.24      25,869,000     26,281,000
 11.25                Summary by Fund
 11.26  General              25,238,000    25,649,000
 11.27  Natural Resources       631,000       632,000
 11.28  $631,000 the first year and $632,000 
 11.29  the second year are from the water 
 11.30  recreation account in the natural 
 11.31  resources fund for state park 
 11.32  development projects.  If the 
 11.33  appropriation in either year is 
 11.34  insufficient, the appropriation for the 
 11.35  other year is available for it. 
 11.36  $2,619,000 the first year and 
 11.37  $2,619,000 the second year are for 
 11.38  payment of a grant to the metropolitan 
 11.39  council for metropolitan area regional 
 11.40  parks maintenance and operation. 
 11.41  Subd. 6.  Trails and Waterways 
 11.42  Management 
 11.43      15,551,000     15,510,000
 11.44                Summary by Fund
 11.45  General               1,494,000     1,377,000
 11.46  Natural Resources    12,778,000    13,082,000
 11.47  Game and Fish         1,279,000     1,051,000
 11.48  $5,252,000 the first year and 
 11.49  $5,252,000 the second year are from the 
 11.50  snowmobile trails and enforcement 
 11.51  account in the natural resources fund 
 11.52  for snowmobile grants-in-aid. 
 11.53  $252,000 the first year and $254,000 
 11.54  the second year are from the water 
 11.55  recreation account in the natural 
 12.1   resources fund for a safe harbor 
 12.2   program on Lake Superior.  Any 
 12.3   unencumbered balance at the end of the 
 12.4   first year does not cancel and is 
 12.5   available for the second year.  
 12.6   $200,000 is from the snowmobile trails 
 12.7   and enforcement account in the natural 
 12.8   resources fund for the purchase of 
 12.9   specialty equipment to increase the 
 12.10  effectiveness and safety of enforcement 
 12.11  of snowmobile laws and rules. 
 12.12  $...... is for an upgrade of the horse 
 12.13  riding section of the Heartland trail 
 12.14  to permit use by snowmobiles equipped 
 12.15  with metal studs. 
 12.16  $142,000 is for a survey of trails in 
 12.17  state parks for accessibility to 
 12.18  persons with disabilities.  This 
 12.19  appropriation is available for the 
 12.20  biennium. 
 12.21  Subd. 7.  Fish and Wildlife Management
 12.22      39,413,000     40,904,000
 12.23                Summary by Fund
 12.24  General               3,410,000     3,449,000
 12.25  Natural Resources     2,013,000     2,048,000
 12.26  Game and Fish        33,990,000    35,407,000
 12.27  $305,000 in the first year and $310,000 
 12.28  in the second year are for resource 
 12.29  population surveys in the 1837 treaty 
 12.30  area.  Of this amount, $104,000 in the 
 12.31  first year and $106,000 in the second 
 12.32  year are from the game and fish fund. 
 12.33  $923,000 the first year and $943,000 
 12.34  the second year are from the nongame 
 12.35  wildlife management account in the 
 12.36  natural resources fund for the purpose 
 12.37  of nongame wildlife management.  Any 
 12.38  unencumbered balance remaining in the 
 12.39  first year does not cancel but is 
 12.40  available the second year.  
 12.41  $1,337,000 the first year and 
 12.42  $1,361,000 the second year are for the 
 12.43  reinvest in Minnesota programs of game 
 12.44  and fish, critical habitat, and 
 12.45  wetlands established under Minnesota 
 12.46  Statutes, section 84.95, subdivision 
 12.47  2.  Any unencumbered balance for the 
 12.48  first year does not cancel but is 
 12.49  available for use the second year. 
 12.50  $1,110,000 the first year and 
 12.51  $1,117,000 the second year are from the 
 12.52  wildlife acquisition account for only 
 12.53  the purposes specified in Minnesota 
 12.54  Statutes, section 97A.071, subdivision 
 12.55  3. 
 12.56  $935,000 the first year and $956,000 
 12.57  the second year are from the deer 
 13.1   habitat improvement account for only 
 13.2   the purposes specified in Minnesota 
 13.3   Statutes, section 97A.075, subdivision 
 13.4   1, paragraph (b). 
 13.5   $60,000 the first year and $61,000 the 
 13.6   second year are from the deer and bear 
 13.7   management account for only the 
 13.8   purposes specified in Minnesota 
 13.9   Statutes, section 97A.075, subdivision 
 13.10  1, paragraph (c). 
 13.11  $...,... the first year and $...,... 
 13.12  the second year are from the game and 
 13.13  fish fund for deer and bear management 
 13.14  to include emergency deer feeding.  If 
 13.15  the appropriation for either year is 
 13.16  insufficient, the appropriation for the 
 13.17  other year is available.  
 13.18  $668,000 the first year and $673,000 
 13.19  the second year are from the waterfowl 
 13.20  habitat improvement account for only 
 13.21  the purposes specified in Minnesota 
 13.22  Statutes, section 97A.075, subdivision 
 13.23  2. 
 13.24  $652,000 the first year and $654,000 
 13.25  the second year are from the trout and 
 13.26  salmon management account for only the 
 13.27  purposes specified in Minnesota 
 13.28  Statutes, section 97A.075, subdivision 
 13.29  3. 
 13.30  $545,000 the first year and $545,000 
 13.31  the second year are from the pheasant 
 13.32  habitat improvement account for only 
 13.33  the purposes specified in Minnesota 
 13.34  Statutes, section 97A.075, subdivision 
 13.35  4.  In addition to the purposes 
 13.36  specified in Minnesota Statutes, 
 13.37  section 97A.075, subdivision 4, this 
 13.38  appropriation may be used for pheasant 
 13.39  restocking efforts. 
 13.40  $292,000 the first year and $295,000 
 13.41  the second year are from the game and 
 13.42  fish fund for activities relating to 
 13.43  reduction and prevention of property 
 13.44  damage by wildlife.  $50,000 each year 
 13.45  is for emergency damage abatement 
 13.46  materials. 
 13.47  $63,000 the first year and $63,000 the 
 13.48  second year are from the wild turkey 
 13.49  management account for only the 
 13.50  purposes specified in Minnesota 
 13.51  Statutes, section 97A.075, subdivision 
 13.52  5. 
 13.53  $8,000 is for the construction of an 
 13.54  interpretive sign in the Thief Lake 
 13.55  wildlife management area, to be 
 13.56  available until June 30, 1998. 
 13.57  The forest ecologist, metro natural 
 13.58  community ecologist, and scientific and 
 13.59  natural areas volunteer stewardship 
 13.60  coordinator positions now in the 
 13.61  unclassified service shall be 
 13.62  transferred without competitive 
 14.1   examination to the classified service 
 14.2   of the state. 
 14.3   Subd. 8.  Enforcement 
 14.4       18,960,000     18,937,000
 14.5                 Summary by Fund
 14.6   General               3,050,000     2,992,000
 14.7   Natural Resources     3,771,000     3,571,000
 14.8   Game and Fish        12,039,000    12,274,000
 14.9   Solid Waste             100,000       100,000
 14.10  $1,082,000 the first year and 
 14.11  $1,082,000 the second year are from the 
 14.12  water recreation account in the natural 
 14.13  resources fund for grants to counties 
 14.14  for boat and water safety. 
 14.15  $100,000 each year is from the solid 
 14.16  waste fund for solid waste enforcement 
 14.17  activities under Minnesota Statutes, 
 14.18  section 116.073. 
 14.19  Subd. 9.  Operations Support
 14.20      29,908,000     30,546,000
 14.21                Summary by Fund
 14.22  General              15,422,000    15,740,000
 14.23  Natural Resources     3,499,000     3,542,000
 14.24  Game and Fish         8,281,000     8,544,000
 14.25  The commissioner of natural resources 
 14.26  may contract with and make grants to 
 14.27  nonprofit agencies to carry out the 
 14.28  purposes, plans, and programs of the 
 14.29  office of youth programs, Minnesota 
 14.30  conservation corps. 
 14.31  The department shall submit to the 
 14.32  Minnesota office of technology for 
 14.33  review and approval of its plans for 
 14.34  offering consumer access through the 
 14.35  North Star world wide web site. 
 14.36  $.,...,... is for a grant to the city 
 14.37  of Wabasha to be used for predesign and 
 14.38  design of the American Bald Eagle 
 14.39  Center.  This appropriation is 
 14.40  available for the biennium ending June 
 14.41  30, 1999, and is available only as 
 14.42  matched by $1 of nonstate money for $1 
 14.43  of state money. 
 14.44  $100,000 is for a grant to independent 
 14.45  school district No. 621, Mounds View, 
 14.46  to renovate the Laurentian 
 14.47  Environmental Learning Center located 
 14.48  in the Superior National Forest.  This 
 14.49  appropriation is available until June 
 14.50  30, 1998, to the extent matched by an 
 14.51  equal amount of nonstate money. 
 15.1   $20,000 is for a grant to the Hyde 
 15.2   House research and study center group 
 15.3   for repairs and construction of Hyde 
 15.4   House and a feasibility study relating 
 15.5   to proposed uses of Hyde House.  This 
 15.6   appropriation is available until July 
 15.7   1, 1999, to the extent it is matched by 
 15.8   an equal amount of nonstate money. 
 15.9   None of the money appropriated to the 
 15.10  commissioner under this section may be 
 15.11  used for transfer to the office of 
 15.12  strategic and long-range planning.  The 
 15.13  appropriations in this subdivision 
 15.14  reflect a reduction in the base of 
 15.15  $250,000. 
 15.16  Sec. 6.  BOARD OF WATER AND 
 15.17  SOIL RESOURCES                        15,491,000     15,411,000
 15.18  $5,353,000 the first year and 
 15.19  $5,353,000 the second year are for 
 15.20  natural resources block grants to local 
 15.21  governments.  Of this amount, $50,000 
 15.22  in each year is for a grant to the 
 15.23  north shore management board and 
 15.24  $35,000 in each year is for a grant to 
 15.25  the St. Louis River board. 
 15.26  The board shall reduce the amount of 
 15.27  the natural resource block grant to a 
 15.28  county by an amount equal to any 
 15.29  reduction in the county's general 
 15.30  services allocation to a soil and water 
 15.31  conservation district from the county's 
 15.32  1996 allocation. 
 15.33  Grants must be matched with a 
 15.34  combination of local cash or in-kind 
 15.35  contributions.  The base grant portion 
 15.36  related to water planning must be 
 15.37  matched by an amount that would be 
 15.38  raised by a levy under Minnesota 
 15.39  Statutes, section 103B.3369.  
 15.40  $2,282,000 the first year and 
 15.41  $2,509,000 the second year are for 
 15.42  grants to soil and water conservation 
 15.43  districts for general purposes and for 
 15.44  implementation of the RIM conservation 
 15.45  reserve program.  Upon approval of the 
 15.46  board, expenditures may be made from 
 15.47  these appropriations for supplies and 
 15.48  services benefiting soil and water 
 15.49  conservation districts. 
 15.50  $2,120,000 the first year and 
 15.51  $2,120,000 the second year are for 
 15.52  grants to soil and water conservation 
 15.53  districts for cost-sharing contracts 
 15.54  for erosion control and water quality 
 15.55  management.  This appropriation is 
 15.56  available until expended. 
 15.57  $189,000 the first year and $189,000 
 15.58  the second year are for grants to 
 15.59  watershed districts and other local 
 15.60  units of government in the southern 
 15.61  Minnesota river basin study area 2 for 
 15.62  floodplain management. 
 16.1   Any unencumbered balance in the board's 
 16.2   program of grants does not cancel at 
 16.3   the end of the first year and is 
 16.4   available for the second year for the 
 16.5   same grant program. 
 16.6   $27,000 the first year and $27,000 the 
 16.7   second year are for a grant to the 
 16.8   southeast Minnesota water resources 
 16.9   board for administrative costs.  This 
 16.10  appropriation is available only to the 
 16.11  extent it is matched by $1 of nonstate 
 16.12  money for each $1 of state money. 
 16.13  $90,000 the first year and $90,000 the 
 16.14  second year are for grants to soil and 
 16.15  water conservation districts to cover 
 16.16  the costs of contracting for technical 
 16.17  staff to implement activities under the 
 16.18  state revolving fund. 
 16.19  $250,000 is for completion of water 
 16.20  quality improvement projects with the 
 16.21  12 major watersheds of the Minnesota 
 16.22  river basin, to be available until June 
 16.23  30, 1999.  The water quality 
 16.24  improvement projects must utilize 
 16.25  practices that are proven effective, 
 16.26  must have landowner support, and must 
 16.27  be prioritized by the Minnesota river 
 16.28  basin joint powers board and the board 
 16.29  of water and soil resources.  The board 
 16.30  shall use this appropriation only for 
 16.31  those projects where the local 
 16.32  landowners and counties provide 50 
 16.33  percent of project costs in cash. 
 16.34  Sec. 7.  AGRICULTURE 
 16.35  Subdivision 1.  Total 
 16.36  Appropriation                         28,729,000    26,246,000
 16.37                Summary by Fund
 16.38  General              17,967,000    15,494,000
 16.39  Special Revenue      10,493,000    10,483,000
 16.40  Environmental           269,000       269,000
 16.41  The amounts that may be spent from this 
 16.42  appropriation for each program are 
 16.43  specified in the following subdivisions.
 16.44  Subd. 2.  Protection Service 
 16.45      18,419,000     17,630,000
 16.46                Summary by Fund
 16.47  General               7,913,000     7,019,000
 16.48  Special Revenue      10,237,000    10,342,000
 16.49  Environmental           269,000       269,000
 16.50  $269,000 the first year and $269,000 
 16.51  the second year are from the 
 16.52  environmental response, compensation, 
 16.53  and compliance account in the 
 16.54  environmental fund. 
 17.1   $4,537,000 the first year and 
 17.2   $4,617,000 the second year are 
 17.3   appropriated from the pesticide 
 17.4   regulatory account established under 
 17.5   Minnesota Statutes, section 18B.05, for 
 17.6   administration and enforcement of 
 17.7   Minnesota Statutes, chapter 18B. 
 17.8   $995,000 the first year and $1,010,000 
 17.9   the second year are appropriated from 
 17.10  the fertilizer inspection account 
 17.11  established under Minnesota Statutes, 
 17.12  section 18C.131, for administration and 
 17.13  enforcement of Minnesota Statutes, 
 17.14  chapter 18C. 
 17.15  $50,000 the first year is from the 
 17.16  fertilizer account to provide a match 
 17.17  to the $50,000 appropriation from the 
 17.18  environmental trust fund to conduct 
 17.19  nitrate testing clinics. 
 17.20  $368,000 the first year and $368,000 
 17.21  the second year are appropriated from 
 17.22  the seed potato inspection fund 
 17.23  established under Minnesota Statutes, 
 17.24  section 21.115, for administration and 
 17.25  enforcement of Minnesota Statutes, 
 17.26  sections 21.111 to 21.122. 
 17.27  $727,000 the first year and $741,000 
 17.28  the second year are appropriated from 
 17.29  the seed inspection fund established 
 17.30  under Minnesota Statutes, section 
 17.31  21.92, for administration and 
 17.32  enforcement of Minnesota Statutes, 
 17.33  sections 21.80 to 21.92. 
 17.34  $731,000 the first year and $744,000 
 17.35  the second year are appropriated from 
 17.36  the commercial feed inspection account 
 17.37  established under Minnesota Statutes, 
 17.38  section 25.39, subdivision 4, for 
 17.39  administration and enforcement of 
 17.40  Minnesota Statutes, sections 25.35 to 
 17.41  25.44. 
 17.42  $530,000 the first year and $530,000 
 17.43  the second year are appropriated from 
 17.44  the fruit and vegetables inspection 
 17.45  account established under Minnesota 
 17.46  Statutes, section 27.07, subdivision 6, 
 17.47  for administration and enforcement of 
 17.48  Minnesota Statutes, section 27.07. 
 17.49  $1,975,000 the first year and 
 17.50  $2,008,000 the second year are 
 17.51  appropriated from the dairy services 
 17.52  account established under Minnesota 
 17.53  Statutes, section 32.394, subdivision 
 17.54  9, for the purpose of dairy services 
 17.55  under Minnesota Statutes, chapter 32. 
 17.56  $324,000 the first year and $324,000 
 17.57  the second year are appropriated from 
 17.58  the livestock weighing fund established 
 17.59  under Minnesota Statutes, section 
 17.60  17A.11, for the purpose of livestock 
 17.61  weighing costs under Minnesota 
 17.62  Statutes, chapter 17A. 
 18.1   $960,000 the first year and $40,000 the 
 18.2   second year are for grants to dairy 
 18.3   diagnostic teams to provide 
 18.4   technologies and farming practices 
 18.5   applicable to dairy farms to enhance 
 18.6   the financial success and long-term 
 18.7   profitability and sustainability of 
 18.8   dairy farms in the state, regardless of 
 18.9   herd size.  The commissioner shall 
 18.10  include information on options for 
 18.11  organic farming and rotational 
 18.12  grazing.  The teams must provide the 
 18.13  service at a reasonable cost to the 
 18.14  dairy farmer. 
 18.15  $25,000 each year is for the Minnesota 
 18.16  dairy producers and consumers board, 
 18.17  established under Minnesota Statutes, 
 18.18  section 17.76. 
 18.19  $53,000 the first year and $53,000 the 
 18.20  second year are for payment of claims 
 18.21  relating to livestock damaged by 
 18.22  threatened or endangered animal species 
 18.23  and agricultural crops damaged by elk.  
 18.24  If the appropriation for either year is 
 18.25  insufficient, the appropriation for the 
 18.26  other year is available for it. 
 18.27  $122,000 is transferred to the seed 
 18.28  potato inspection fund and must be used 
 18.29  for the administration and enforcement 
 18.30  of Minnesota Statutes, sections 21.80 
 18.31  to 21.92. 
 18.32  Subd. 3.  Agricultural Marketing and Development
 18.33       3,375,000      3,110,000
 18.34                 Summary by Fund
 18.35  General              3,119,000    2,969,000
 18.36  Special Revenue        256,000      141,000
 18.37  Notwithstanding Minnesota Statutes, 
 18.38  section 41A.09, subdivision 3, the 
 18.39  total payments from the ethanol 
 18.40  development account to all producers 
 18.41  may not exceed $49,651,000 for the 
 18.42  biennium ending June 30, 1999.  If the 
 18.43  total amount for which all producers 
 18.44  are eligible in a quarter exceeds the 
 18.45  amount available for payments, the 
 18.46  commissioner shall make the payments on 
 18.47  a pro rata basis.  In fiscal year 1998, 
 18.48  the commissioner shall first reimburse 
 18.49  producers for eligible unpaid claims 
 18.50  accumulated through June 30, 1997. 
 18.51  $100,000 the first year and $100,000 
 18.52  the second year are for ethanol 
 18.53  promotion and public education. 
 18.54  $71,000 the first year and $71,000 the 
 18.55  second year are for transfer to the 
 18.56  Minnesota grown matching account and 
 18.57  may be used as grants for Minnesota 
 18.58  grown promotion under Minnesota 
 18.59  Statutes, section 17.109. 
 19.1   $141,000 the first year and $141,000 
 19.2   the second year are from the 
 19.3   commodities research and promotion 
 19.4   account in the special revenue fund. 
 19.5   $76,000 the first year and $77,000 the 
 19.6   second year are for development and 
 19.7   promotion of integrated pest management 
 19.8   in an urban environment.  The urban 
 19.9   integrated pest management development 
 19.10  and promotion program must be 
 19.11  coordinated with Metropolitan State 
 19.12  University. 
 19.13  $80,000 the first year and $80,000 the 
 19.14  second year are for grants to farmers 
 19.15  for demonstration projects involving 
 19.16  sustainable agriculture.  If a project 
 19.17  cost is more than $25,000, the amount 
 19.18  above $25,000 must be cost-shared at a 
 19.19  state-applicant ratio of one to one.  
 19.20  Priorities must be given for projects 
 19.21  involving multiple parties.  Up to 
 19.22  $20,000 each year may be used for 
 19.23  dissemination of information about the 
 19.24  demonstration grant projects.  If the 
 19.25  appropriation for either year is 
 19.26  insufficient, the appropriation for the 
 19.27  other is available. 
 19.28  $200,000 is for grants under Minnesota 
 19.29  Statutes, section 17.101, subdivision 5.
 19.30  Subd. 4.  Administration and 
 19.31  Financial Assistance 
 19.32       6,935,000      5,506,000
 19.33                 Summary by Fund
 19.34  General              6,935,000    5,506,000
 19.35  $100,000 the first year and $100,000 
 19.36  the second year must be spent for the 
 19.37  WIC coupon program. 
 19.38  $50,000 the first year and $50,000 the 
 19.39  second year are for dairy policy 
 19.40  studies and federal milk marketing 
 19.41  order reform. 
 19.42  $115,000 the first year and $99,000 the 
 19.43  second year are for family farm 
 19.44  security interest payment adjustments.  
 19.45  If the appropriation for either year is 
 19.46  insufficient, the appropriation for the 
 19.47  other year is available for it.  No new 
 19.48  loans may be approved in fiscal year 
 19.49  1998 or 1999.  
 19.50  $201,000 the first year and $202,000 
 19.51  the second year are for the family farm 
 19.52  advocacy program. 
 19.53  $70,000 the first year and $70,000 the 
 19.54  second year are for the Northern Crops 
 19.55  Institute.  These appropriations may be 
 19.56  spent to purchase equipment and are 
 19.57  available until spent.  
 19.58  $150,000 the first year and $150,000 
 20.1   the second year are for grants to 
 20.2   agriculture information centers.  The 
 20.3   grants are only available on a match 
 20.4   basis.  The funds may be released at 
 20.5   the rate of $4 of state money for each 
 20.6   $1 of matching nonstate money that is 
 20.7   raised.  
 20.8   $100,000 is for a grant to the 
 20.9   University of Minnesota for a farm 
 20.10  safety outreach program.  The program 
 20.11  must be designed to provide specialized 
 20.12  health and safety information and 
 20.13  training to targeted at-risk 
 20.14  individuals and groups. 
 20.15  $115,000 the first year and $115,000 
 20.16  the second year are for the seaway port 
 20.17  authority of Duluth. 
 20.18  $19,000 the first year and $19,000 the 
 20.19  second year is for a grant to the 
 20.20  Minnesota livestock breeder's 
 20.21  association. 
 20.22  $50,000 the first year and $50,000 the 
 20.23  second year are for the Passing on the 
 20.24  Farm Center under Minnesota Statutes, 
 20.25  section 17.985.  This appropriation is 
 20.26  available only to the extent matched 
 20.27  with nonstate money. 
 20.28  $200,000 the first year and $200,000 
 20.29  the second year are to develop a 
 20.30  scientific data base on odor from 
 20.31  feedlots, conduct research on 
 20.32  biofilters as odor suppressants, and 
 20.33  evaluate composting and drainage 
 20.34  systems for effectiveness.  This is a 
 20.35  one-time appropriation. 
 20.36  $270,000 is for research and 
 20.37  development of:  (1) an odor rating 
 20.38  system that compares odor levels of 
 20.39  livestock production facilities based 
 20.40  on the species of livestock, livestock 
 20.41  housing, manure management systems, and 
 20.42  other factors that contribute to odor 
 20.43  levels; (2) recommended setback 
 20.44  requirements for livestock production 
 20.45  facilities based on the odor rating 
 20.46  system developed in clause (1); and (3) 
 20.47  best management practices to control 
 20.48  livestock odor with priority on the 
 20.49  development of practices that control 
 20.50  odor as much as economically feasible 
 20.51  during seasonal and other periods of 
 20.52  peak odor levels. This appropriation is 
 20.53  available until June 30, 1999. 
 20.54  $1,250,000 the first year and 
 20.55  $1,250,000 the second year are for an 
 20.56  electronic information management 
 20.57  system.  In addition to this 
 20.58  appropriation, up to $250,000 each year 
 20.59  may be expended from the agency 
 20.60  indirect cost account and allocated 
 20.61  through the agency's indirect cost 
 20.62  plan.  Payment of the allocation is 
 20.63  waived for any account if the payment 
 20.64  will cause fees to be increased. 
 21.1   $1,000,000 is to create and administer 
 21.2   a "Minnesota grown" coupon program to 
 21.3   provide food coupons to individuals and 
 21.4   families eligible for at least $50 per 
 21.5   month from the temporary hunger 
 21.6   prevention and community development 
 21.7   initiative program.  35 percent of the 
 21.8   total benefit an individual or family 
 21.9   is eligible for under the temporary 
 21.10  hunger prevention and community 
 21.11  development initiative shall be issued 
 21.12  each month by the commissioner as 
 21.13  coupons, except that the amount of 
 21.14  coupons issued must be rounded up to 
 21.15  the nearest $5 and not exceed $100 nor 
 21.16  be less than $20. 
 21.17  The commissioner of human services must 
 21.18  provide to the commissioner of 
 21.19  agriculture the names of the heads of 
 21.20  households who are eligible for the 
 21.21  "Minnesota grown" coupon program, their 
 21.22  addresses, the amount of coupons to be 
 21.23  issued to the household, and any other 
 21.24  information necessary to ensure the 
 21.25  administrative efficiency of the 
 21.26  "Minnesota grown" coupon program. 
 21.27  Eligibility for the temporary hunger 
 21.28  prevention and community development 
 21.29  initiative program, and the amount of 
 21.30  the benefit to be issued in "Minnesota 
 21.31  grown" coupons must be determined by 
 21.32  county agencies as defined in Minnesota 
 21.33  Statutes, section 256J.08, if enacted. 
 21.34  The coupons must be clearly labeled as 
 21.35  redeemable only for products licensed 
 21.36  to use the "Minnesota grown" logo or 
 21.37  labeling statement under Minnesota 
 21.38  Statutes, section 17.102.  Coupons may 
 21.39  be redeemed by farmers, custom meat 
 21.40  processors, community-supported 
 21.41  agriculture farms, grocery stores, and 
 21.42  retailers.  The person accepting the 
 21.43  coupon is responsible for its 
 21.44  redemption only on products licensed to 
 21.45  use the "Minnesota grown" logo or 
 21.46  labeling statement.  
 21.47  The commissioner may establish criteria 
 21.48  for vendor eligibility and may enforce 
 21.49  the "Minnesota grown" coupon program 
 21.50  according to Minnesota Statutes, 
 21.51  sections 17.982 to 17.984. 
 21.52  The commissioner shall report on the 
 21.53  "Minnesota grown" coupon program by 
 21.54  January 15, 1998, to the house of 
 21.55  representatives agriculture committee, 
 21.56  the senate agriculture and rural 
 21.57  development committee, the house 
 21.58  environment and natural resources 
 21.59  finance committee, and the senate 
 21.60  environment and agriculture budget 
 21.61  division. 
 21.62  $100,000 is for a grant to the Central 
 21.63  Lakes Agricultural Center for 
 21.64  continuation and expansion of research 
 21.65  on potato blight. 
 22.1   $50,000 is for beaver damage control 
 22.2   grants for the purposes of Minnesota 
 22.3   Statutes, section 17.110. 
 22.4   Sec. 8.  BOARD OF ANIMAL HEALTH        2,259,000      2,303,000
 22.5   Sec. 9.  MINNESOTA-WISCONSIN
 22.6   BOUNDARY AREA COMMISSION                 172,000        177,000
 22.7                 Summary by Fund
 22.8   General                 141,000       145,000
 22.9   Natural Resources        31,000        32,000
 22.10  This appropriation is only available to 
 22.11  the extent it is matched by an equal 
 22.12  amount from the state of Wisconsin. 
 22.13  $31,000 the first year and $32,000 the 
 22.14  second year are from the water 
 22.15  recreation account in the natural 
 22.16  resources fund for the St. Croix 
 22.17  management and stewardship program. 
 22.18  Sec. 10.  CITIZEN'S COUNCIL ON 
 22.19  VOYAGEURS NATIONAL PARK                   63,000         64,000
 22.20  Sec. 11.  SCIENCE MUSEUM 
 22.21  OF MINNESOTA                           1,136,000      1,164,000
 22.22  Sec. 12.  MINNESOTA ACADEMY 
 22.23  OF SCIENCE                                36,000         36,000
 22.24  Sec. 13.  MINNESOTA HORTICULTURAL 
 22.25  SOCIETY                                   72,000         72,000
 22.26  Sec. 14.  AGRICULTURAL UTILIZATION
 22.27  RESEARCH INSTITUTE                     4,330,000      4,330,000
 22.28                Summary by Fund
 22.29  General               4,130,000     4,130,000
 22.30  Special Revenue         200,000       200,000
 22.31  $200,000 the first year and $200,000 
 22.32  the second year are for hybrid tree 
 22.33  management research and development of 
 22.34  an implementation plan for establishing 
 22.35  hybrid tree plantations in the state.  
 22.36  This appropriation is available to the 
 22.37  extent matched by $2 of nonstate 
 22.38  contributions, either cash or in kind, 
 22.39  for each $1 of state money.  This shall 
 22.40  be added to the agency base. 
 22.41  Sec. 15.  1997 DEFICIENCIES; 
 22.42  DEPARTMENT OF NATURAL RESOURCES    500,000        
 22.43  $500,000 in fiscal year 1997 is for a 
 22.44  binding arbitration award related to 
 22.45  the removal of the Flandrau Dam. 
 22.46  $....... is for snowmobile 
 22.47  grants-in-aid for fiscal year 1997, to 
 22.48  be available until June 30, 1997. 
 22.49  Sec. 16.  MINNESOTA RESOURCES 
 22.50  Subdivision 1.  Total
 23.1   Appropriation                         38,054,000 
 23.2                 Summary by Fund
 23.3   Minnesota Future 
 23.4   Resources Fund       14,664,000
 23.5   Environment and 
 23.6   Natural Resources 
 23.7   Trust Fund           23,120,000
 23.8   Great Lakes Protection 
 23.9   Account                 120,000
 23.10  Oil Overcharge 
 23.11  Money in the Special
 23.12  Revenue Fund            150,000
 23.13  Unless otherwise provided, the amounts 
 23.14  in this section are available until 
 23.15  June 30, 1999, when projects must be 
 23.16  completed and final products delivered. 
 23.17  Subd. 2.  Definitions 
 23.18  (a) "Future resources fund" means the 
 23.19  Minnesota future resources fund 
 23.20  referred to in Minnesota Statutes, 
 23.21  section 116P.13. 
 23.22  (b) "Trust fund" means the Minnesota 
 23.23  environment and natural resources trust 
 23.24  fund referred to in Minnesota Statutes, 
 23.25  section 116P.02, subdivision 6. 
 23.26  (c) "Great lakes protection account" 
 23.27  means the account referred to in 
 23.28  Minnesota Statutes, section 116Q.02. 
 23.29  (d) "Oil overcharge money" means the 
 23.30  money referred to in Minnesota 
 23.31  Statutes, section 4.071, subdivision 2. 
 23.32  Subd. 3.  Legislative Commission 
 23.33  on Minnesota Resources                   776,000
 23.34  $304,000 of this appropriation is from 
 23.35  the future resources fund and $472,000 
 23.36  is from the trust fund, pursuant to 
 23.37  Minnesota Statutes, section 116P.09, 
 23.38  subdivision 5. 
 23.39  Subd. 4.  Recreation 
 23.40  (a) STATE PARK AND RECREATION AREA 
 23.41  ACQUISITION, DEVELOPMENT, BETTERMENT, 
 23.42  AND REHABILITATION                     3,500,000 
 23.43  This appropriation is from the trust 
 23.44  fund to the commissioner of natural 
 23.45  resources as follows: (1) for state 
 23.46  park and recreation area acquisition, 
 23.47  $2,500,000; and (2) for state park and 
 23.48  recreation area development, 
 23.49  rehabilitation, and resource 
 23.50  management, $1,000,000, unless 
 23.51  otherwise specified in the approved 
 23.52  work program.  The use of the Minnesota 
 23.53  conservation corps is encouraged.  The 
 23.54  commissioner must submit grant requests 
 23.55  for supplemental funding for federal 
 24.1   ISTEA money in eligible categories and 
 24.2   report the results to the legislative 
 24.3   commission on Minnesota resources.  
 24.4   This project must be completed and 
 24.5   final products delivered by June 30, 
 24.6   2000, and the appropriation is 
 24.7   available until that date. 
 24.8   (b) METROPOLITAN REGIONAL PARK 
 24.9   SYSTEM                                 3,500,000 
 24.10  This appropriation is from the trust 
 24.11  fund for payment by the commissioner of 
 24.12  natural resources to the metropolitan 
 24.13  council for subgrants for acquisition, 
 24.14  development and rehabilitation in the 
 24.15  metropolitan regional park system 
 24.16  consistent with the metropolitan 
 24.17  council regional recreation open space 
 24.18  capital improvement plan.  This 
 24.19  appropriation may be used for the 
 24.20  purchase of homes only if the purchases 
 24.21  are expressly included in the work 
 24.22  program approved by the legislative 
 24.23  commission on Minnesota resources.  The 
 24.24  metropolitan council shall collect and 
 24.25  digitize all local, regional, state and 
 24.26  federal parks and all off-road trails 
 24.27  with connecting on-road routes for the 
 24.28  Metropolitan area and produce a printed 
 24.29  map.  This project must be completed 
 24.30  and final products delivered by June 
 24.31  30, 2000, and the appropriation is 
 24.32  available until that date. 
 24.33  (c) LOCAL INITIATIVES GRANTS 
 24.34  PROGRAM                                2,900,000 
 24.35  This appropriation is from the future 
 24.36  resources fund to the commissioner of 
 24.37  natural resources to provide matching 
 24.38  grants, as follows:  
 24.39  (1) $600,000 to local units of 
 24.40  government for local park and 
 24.41  recreation areas pursuant to Minnesota 
 24.42  Statutes, section 85.019.  $50,000 of 
 24.43  this appropriation is to complete the 
 24.44  Larue public water access. 
 24.45  (2) $600,000 to local units of 
 24.46  government for natural and scenic areas 
 24.47  pursuant to Minnesota Statutes, section 
 24.48  85.019. 
 24.49  (3) $900,000 for trail grants to local 
 24.50  units of government on land to be 
 24.51  maintained for at least 20 years for 
 24.52  the purposes of the grant.  $200,000 is 
 24.53  for grants of up to $50,000 per project 
 24.54  for trail linkages between communities, 
 24.55  trails, and parks, and $700,000 is for 
 24.56  grants of up to $250,000 for locally 
 24.57  funded trails of regional 
 24.58  significance.  $250,000 is to provide 
 24.59  matching funds for an ISTEA grant to 
 24.60  provide easement acquisition and 
 24.61  engineering costs for a proposed trail 
 24.62  between the city of Pelican Rapids and 
 24.63  Maplewood state park. 
 25.1   (4) $600,000 for a statewide 
 25.2   conservation partners program, to 
 25.3   encourage private organizations and 
 25.4   local governments to cost share 
 25.5   improvement of fish, wildlife, and 
 25.6   native plant habitats and research and 
 25.7   surveys of fish and wildlife. 
 25.8   Conservation partners grants may be up 
 25.9   to $10,000 each. 
 25.10  (5) $200,000 for environmental 
 25.11  partnerships program grants of up to 
 25.12  $10,000 each for environmental service 
 25.13  projects and related education 
 25.14  activities through public and private 
 25.15  partnerships. 
 25.16  In addition to the required work 
 25.17  program, grants may not be approved 
 25.18  until grant proposals to be funded have 
 25.19  been submitted to the legislative 
 25.20  commission on Minnesota resources and 
 25.21  the commission has approved the grants 
 25.22  or allowed 60 days to pass.  The above 
 25.23  appropriations, in combination, are 
 25.24  available half for the metropolitan 
 25.25  area as defined in Minnesota Statutes, 
 25.26  section 473.121, subdivision 2, and 
 25.27  half for outside of the metropolitan 
 25.28  area.  For the purpose of this 
 25.29  paragraph, the match must be nonstate 
 25.30  contributions, but may be either cash 
 25.31  or in-kind.  This project must be 
 25.32  completed and final products delivered 
 25.33  by June 30, 2000, and the appropriation 
 25.34  is available until that date. 
 25.35  (d) BORDER-TO-BORDER TRAIL 
 25.36  STUDY                                    100,000 
 25.37  This appropriation is from the trust 
 25.38  fund to the commissioner of natural 
 25.39  resources for the border-to-border 
 25.40  trail study of the trails and waterways 
 25.41  division.  The border-to-border trail 
 25.42  study shall inventory and integrate 
 25.43  local, regional, and state trail 
 25.44  systems and plan for future 
 25.45  development, including identifying 
 25.46  abandoned rail lines and dual 
 25.47  treadways.  The Minnesota recreational 
 25.48  trail users association (MURTA) shall 
 25.49  serve as the advisory group to the 
 25.50  department of natural resources in 
 25.51  developing the study and plan. The 
 25.52  appropriation is available until June 
 25.53  30, 1999. 
 25.54  Subd. 5.  Historic Sites 
 25.55  (a) FORT SNELLING STATE PARK - UPPER 
 25.56  BLUFF UTILIZATION AND AYH HOSTEL         250,000 
 25.57  This appropriation is from the future 
 25.58  resources fund to the commissioner of 
 25.59  natural resources for a cooperative 
 25.60  project with Hostelling International 
 25.61  and community cooperators to develop a 
 25.62  conceptual utilization plan for the 
 25.63  Upper Bluff Area, assess buildings for 
 25.64  potential hostel use, and complete the 
 26.1   design and construction documents for a 
 26.2   building or buildings for future 
 26.3   renovation as a hostel.  This 
 26.4   appropriation must be matched by at 
 26.5   least $20,000 of nonstate money. 
 26.6   (b) PROTECTING RURAL HISTORIC 
 26.7   LANDSCAPES IN HIGH DEVELOPMENT AREAS      80,000 
 26.8   This appropriation is from the trust 
 26.9   fund to the Minnesota Historical 
 26.10  Society to document resources and 
 26.11  prepare a management plan for 
 26.12  historical agricultural landscapes in 
 26.13  the St. Cloud-Rochester growth corridor.
 26.14  (c) JEFFERS PETROGLYPHS ENVIRONMENTAL 
 26.15  ASSESSMENT AND PRAIRIE RESTORATION       125,000 
 26.16  This appropriation is from the future 
 26.17  resources fund to the Minnesota 
 26.18  Historical Society to establish an 
 26.19  environmental monitoring program and 
 26.20  assess environmental effects on the 
 26.21  petroglyphs and restore native prairie 
 26.22  to parts of this state site. 
 26.23  (d) MILL RUINS PARK ARCHAEOLOGICAL 
 26.24  INVESTIGATION AND FEASIBILITY STUDY       75,000 
 26.25  This appropriation is from the future 
 26.26  resources fund to the Minnesota 
 26.27  Historical Society for an agreement 
 26.28  with the Minneapolis Park and 
 26.29  Recreation Board for archaeological 
 26.30  investigations of the 19th-century 
 26.31  mills along the central river front to 
 26.32  assess the feasibility of developing an 
 26.33  interpretive park.  This appropriation 
 26.34  must be matched by at least $75,000 of 
 26.35  nonstate money. 
 26.36  (e) PLANNING AND ASSESSMENT OF SMALL 
 26.37  HISTORIC SITES                           200,000 
 26.38  This appropriation is from the future 
 26.39  resources fund to the Minnesota 
 26.40  Historical Society for the development 
 26.41  of master plans and archaeological 
 26.42  reconnaissance at the Comstock House, 
 26.43  Folsom House, Mayo House, and Harkin 
 26.44  Store state historic sites. 
 26.45  (f) DEVELOPMENT OF BIRCH COULEE STATE 
 26.46  HISTORIC SITE                            270,000 
 26.47  This appropriation is from the trust 
 26.48  fund to the Minnesota Historical 
 26.49  Society to improve public access to the 
 26.50  state historic site at Birch Coulee, 
 26.51  with self-guided trails, interpretive 
 26.52  markers, and basic visitor amenities. 
 26.53  (g) WENDELIN AND JULIANNA GRIMM FARM 
 26.54  RESTORATION                              200,000 
 26.55  This appropriation is from the future 
 26.56  resources fund to the Minnesota 
 26.57  Historical Society for an agreement 
 26.58  with Hennepin Parks to begin to 
 26.59  stabilize and restore the Grimm Farm.  
 27.1   This appropriation must be matched by 
 27.2   at least $200,000 of nonstate money. 
 27.3   (h) WHITE OAK LEARNING CENTER 
 27.4   ENVIRONMENTAL AWARENESS 
 27.5   THROUGH HISTORY                          125,000 
 27.6   This appropriation is from the future 
 27.7   resources fund to the commissioner of 
 27.8   natural resources for an agreement with 
 27.9   the White Oak Society, Inc., to create 
 27.10  an education program integrating 
 27.11  environmental education into 
 27.12  historical, cultural, and social 
 27.13  contexts. 
 27.14  (i) HISTORICAL AND CULTURAL MUSEUM ON 
 27.15  VERMILION LAKE INDIAN RESERVATION        100,000 
 27.16  This appropriation is from the future 
 27.17  resources fund to the Minnesota 
 27.18  Historical Society for an agreement 
 27.19  with Bois Forte Reservation to design 
 27.20  and construct a historical museum for 
 27.21  cultural interpretation adjacent to an 
 27.22  historic gold mine and fur trade post 
 27.23  on Lake Vermilion.  As an additional 
 27.24  condition of acceptance of this 
 27.25  appropriation, this facility may not be 
 27.26  used for any form of gambling or the 
 27.27  promotion of gambling.  This 
 27.28  appropriation must be matched by at 
 27.29  least $100,000 of nonstate money. 
 27.30  (j) NATIVE AMERICAN PERSPECTIVE OF 
 27.31  THE HISTORIC NORTH SHORE                  60,000 
 27.32  This appropriation is from the future 
 27.33  resources to the Minnesota Historical 
 27.34  Society for an agreement with the 
 27.35  Sugarloaf Interpretive Center 
 27.36  Association for an interpretive study 
 27.37  of Native Americans on the North Shore 
 27.38  of Lake Superior in cooperation with 
 27.39  Native American bands.  This 
 27.40  appropriation must be matched by at 
 27.41  least $30,000 of nonstate money. 
 27.42  (k) CHILDREN'S MUSEUM AT JUDY 
 27.43  GARLAND BIRTHPLACE                       200,000 
 27.44  This appropriation is from the future 
 27.45  resources fund to the commissioner of 
 27.46  natural resources for an agreement with 
 27.47  the Judy Garland Children's Museum to 
 27.48  assist in the design and construction 
 27.49  of a children's museum.  This 
 27.50  appropriation must be matched by at 
 27.51  least $1,275,000 of nonstate money 
 27.52  committed by June 30, 1998. 
 27.53  (l) SOUDAN UNDERGROUND PHYSICS 
 27.54  LABORATORY EXPANSION                     400,000 
 27.55  This appropriation is from the future 
 27.56  resources fund to the University of 
 27.57  Minnesota to assist in the construction 
 27.58  of the Soudan Mine facilities for 
 27.59  scientific interpretation. 
 27.60  Subd. 6.  Water Resources 
 28.1   (a) ON-SITE SEWAGE TREATMENT 
 28.2   ALTERNATIVES AND TECHNOLOGY 
 28.3   TRANSFER                                 500,000 
 28.4   This appropriation is from the future 
 28.5   resources fund to the pollution control 
 28.6   agency for the second biennium to 
 28.7   evaluate alternative on-site sewage 
 28.8   treatment systems for cost-effective 
 28.9   removal of pathogenic bacteria, viruses 
 28.10  and nutrients. 
 28.11  (b) NITRATE EDUCATION AND TESTING        150,000 
 28.12  This appropriation is from the trust 
 28.13  fund to the commissioner of agriculture 
 28.14  to accelerate knowledge of nitrate 
 28.15  levels in private drinking water 
 28.16  supplies through development of water 
 28.17  testing clinics for rural well owners 
 28.18  and education programs.  This 
 28.19  appropriation must be matched by at 
 28.20  least $50,000 from the agriculture 
 28.21  fertilizer inspection account. 
 28.22  (c) SNAKE RIVER WATERSHED BMPS           100,000 
 28.23  This appropriation is from the trust 
 28.24  fund to the board of water and soil 
 28.25  resources for an agreement with the 
 28.26  Snake River Watershed Management Board 
 28.27  to accelerate the implementation of the 
 28.28  1996 Snake River Watershed Management 
 28.29  Plan. 
 28.30  (d) EVALUATION OF WATERSHED BASED 
 28.31  WATERSHED DISTRICT MANAGEMENT            150,000 
 28.32  This appropriation is from the future 
 28.33  resources fund to the board of water 
 28.34  and soil resources for an agreement 
 28.35  with the Minnesota Association of 
 28.36  Watershed Districts to evaluate the 
 28.37  effectiveness of water quality 
 28.38  management by watershed districts.  
 28.39  This appropriation must be matched by 
 28.40  at least $75,000 of nonstate money. 
 28.41  (e) RED RIVER VALLEY PLANNING 
 28.42  AND MANAGEMENT                           375,000 
 28.43  This appropriation is from the trust 
 28.44  fund to the pollution control agency to 
 28.45  create an ecosystem management plan for 
 28.46  the Red River Valley, integrating land 
 28.47  and water basin management strategies 
 28.48  in cooperation with interstate and 
 28.49  international organizations. 
 28.50  (f) SUSTAINABLE LAKE PLANS               270,000 
 28.51  This appropriation is from the trust 
 28.52  fund to the University of Minnesota, 
 28.53  Center for Urban and Regional Affairs, 
 28.54  in cooperation with the Minnesota Lakes 
 28.55  Association, to develop education 
 28.56  programs and a comprehensive lake plan 
 28.57  in each of the state's five lake 
 28.58  regions. 
 28.59  (g) LAKESHORE RESTORATION - MINNEAPOLIS 
 29.1   CHAIN OF LAKES                           300,000 
 29.2   This appropriation is from the trust 
 29.3   fund to the commissioner of natural 
 29.4   resources for an agreement with the 
 29.5   Minneapolis Park and Recreation Board 
 29.6   to restore native plants on lake shores 
 29.7   of the chain of lakes to improve water 
 29.8   quality, wildlife habitat, and decrease 
 29.9   erosion.  This appropriation must be 
 29.10  matched by at least $150,000 of 
 29.11  nonstate money. 
 29.12  (h) ATMOSPHERIC AND NONPOINT POLLUTION 
 29.13  TRENDS IN MINNESOTA LAKES                325,000 
 29.14  This appropriation is from the trust 
 29.15  fund to the pollution control agency to 
 29.16  document geographic and historic trends 
 29.17  in lake eutrophication and inputs of 
 29.18  toxic metals and organic pollutants 
 29.19  from land-use impacts and atmospheric 
 29.20  sources.  This appropriation is 
 29.21  available until June 30, 2000, at which 
 29.22  time the project must be completed and 
 29.23  final products delivered, unless an 
 29.24  earlier date is specified in the work 
 29.25  program. 
 29.26  Subd. 7.  Agricultural Practices 
 29.27  (a) BIOLOGICAL CONTROL OF 
 29.28  AGRICULTURAL PESTS                       200,000 
 29.29  This appropriation is from the trust 
 29.30  fund to the University of Minnesota to 
 29.31  accelerate using biological control of 
 29.32  pests in agricultural production 
 29.33  systems.  This appropriation is 
 29.34  available until June 30, 2000, at which 
 29.35  time the project must be completed and 
 29.36  final products delivered, unless an 
 29.37  earlier date is specified in the work 
 29.38  program. 
 29.39  (b) CROP MANAGEMENT TO MINIMIZE 
 29.40  PESTICIDE INPUTS                         300,000 
 29.41  This appropriation is from the trust 
 29.42  fund to the University of Minnesota to 
 29.43  develop nonpesticide management 
 29.44  strategies for pest control for crops. 
 29.45  (c) SUSTAINABLE FARMING SYSTEMS          560,000 
 29.46  This appropriation is from the trust 
 29.47  fund to the University of Minnesota for 
 29.48  a comprehensive program of 
 29.49  complementary on-farm and experiment 
 29.50  station research, demonstration, and 
 29.51  educational activities about the 
 29.52  economic and environmental effects of 
 29.53  sustainable farming systems. 
 29.54  (d) PRAIRIE-GRASSLAND LANDSCAPES         125,000 
 29.55  This appropriation is from the trust 
 29.56  fund to the commissioner of natural 
 29.57  resources for the second biennium to 
 29.58  implement grassland ecosystem 
 29.59  stewardship activities in the Glacial 
 30.1   Lake Agassiz Interbeach area in 
 30.2   cooperation with the resource 
 30.3   conservation and development councils. 
 30.4   (e) REDUCING MINNESOTA RIVER 
 30.5   POLLUTION FROM LACUSTRINE SOILS          250,000 
 30.6   This appropriation is from the future 
 30.7   resources fund to the commissioner of 
 30.8   agriculture in cooperation with the 
 30.9   University of Minnesota for the second 
 30.10  biennium to research the impact of 
 30.11  farming systems utilizing crop residue 
 30.12  for sediment control on lacustrine 
 30.13  landscapes in the Minnesota River Basin.
 30.14  (f) MERCURY MANOMETERS                   250,000 
 30.15  This appropriation is from the trust 
 30.16  fund to the commissioner of agriculture 
 30.17  for the purposes of Minnesota Statutes, 
 30.18  sections 17.861, 115A.932, and 116.92, 
 30.19  and is available until June 30, 1999. 
 30.20  Subd. 8.  Pollution Prevention 
 30.21  (a) TOXIC EMISSIONS FROM FIRE 
 30.22  TRAINING                                  65,000 
 30.23  This appropriation is from the trust 
 30.24  fund to metropolitan state university 
 30.25  to identify and quantify toxic 
 30.26  emissions from live-burn training in 
 30.27  acquired structures to evaluate and 
 30.28  propose alternatives.  This 
 30.29  appropriation is available until June 
 30.30  30, 2000, at which time the project 
 30.31  must be completed and final products 
 30.32  delivered, unless an earlier date is 
 30.33  specified in the work program. 
 30.34  (b) POLLUTION PREVENTION TRAINING 
 30.35  PROGRAM FOR INDUSTRIAL EMPLOYEES         250,000 
 30.36  This appropriation is from the future 
 30.37  resources fund to the director of the 
 30.38  office of environmental assistance for 
 30.39  agreements with Citizens for a Better 
 30.40  Environment and the University of 
 30.41  Minnesota to provide the training and 
 30.42  technical assistance needed for 
 30.43  pollution prevention by industrial 
 30.44  employees. 
 30.45  Subd. 9.  Impacts on Natural Resources 
 30.46  (a) GRANTS TO LOCAL GOVERNMENTS 
 30.47  TO ASSIST NATURAL RESOURCE
 30.48  DECISION MAKING                          150,000 
 30.49  This appropriation is from the future 
 30.50  resources fund to the board of water 
 30.51  and soil resources for matching grants 
 30.52  to local governments to help enable 
 30.53  incorporation of impacts on natural 
 30.54  resources into local decision making. 
 30.55  (b) EVALUATION OF URBAN GROWTH 
 30.56  ECONOMIC AND ENVIRONMENTAL 
 30.57  COSTS AND BENEFITS                       275,000 
 31.1   This appropriation is from the future 
 31.2   resources fund to the director of the 
 31.3   office of strategic and long-range 
 31.4   planning for an agreement with 
 31.5   Minnesotans for an energy-efficient 
 31.6   economy to evaluate the benefits, 
 31.7   costs, and environmental impacts of 
 31.8   alternative urban and rural growth 
 31.9   patterns. 
 31.10  (c) REINVENTING THE AGRICULTURAL LAND 
 31.11  PRESERVATION PROGRAM                     100,000 
 31.12  This appropriation is from the future 
 31.13  resources fund to the commissioner of 
 31.14  agriculture to evaluate the 
 31.15  effectiveness of Minnesota s 
 31.16  agricultural land preservation 
 31.17  programs, and identify and quantify 
 31.18  fiscal impacts of rural sprawl.  This 
 31.19  appropriation must be matched by at 
 31.20  least $100,000 of nonstate money or 
 31.21  money from the Minnesota conservation 
 31.22  fund. 
 31.23  (d) NEW MODELS FOR LAND-USE 
 31.24  PLANNING                                 530,000 
 31.25  This appropriation is from the trust 
 31.26  fund to the commissioner of natural 
 31.27  resources for an agreement with the 
 31.28  Land Stewardship Project for planning, 
 31.29  inventory, technical assistance, and 
 31.30  education addressing voluntary 
 31.31  easements, purchase, and transfer of 
 31.32  development rights to create a 
 31.33  protected green corridor in Washington 
 31.34  and Chisago counties.  Up to $30,000 is 
 31.35  to provide training in adapting 
 31.36  holistic resource management concepts 
 31.37  and principles for decision making in 
 31.38  land use planning. 
 31.39  (e) NORTH MINNEAPOLIS UPPER RIVER 
 31.40  MASTER PLAN                              300,000 
 31.41  This appropriation is from the future 
 31.42  resources fund to the commissioner of 
 31.43  natural resources for an agreement with 
 31.44  the Minneapolis Park and Recreation 
 31.45  Board to develop a master plan 
 31.46  addressing greenspace and trail 
 31.47  development, riverbank restoration, and 
 31.48  stimulation of river-oriented land uses 
 31.49  within a corridor along the east and 
 31.50  west banks of the Mississippi River 
 31.51  from Plymouth Avenue north to the 
 31.52  Minneapolis city limits.  This 
 31.53  appropriation must be matched by at 
 31.54  least $100,000 of nonstate money. 
 31.55  (f) PREVENTING STORMWATER RUNOFF 
 31.56  PROBLEMS THROUGH WATERSHED 
 31.57  LAND DESIGN                              250,000 
 31.58  This appropriation is from the future 
 31.59  resources fund to the University of 
 31.60  Minnesota to develop watershed-based 
 31.61  land design models for preserving 
 31.62  habitat and traditional patterns, and 
 31.63  preventing flooding and water quality 
 32.1   degradation. 
 32.2   (g) MILLER CREEK MANAGEMENT              100,000 
 32.3   This appropriation is from the future 
 32.4   resources fund to the board of water 
 32.5   and soil resources for agreements with 
 32.6   the Miller Creek Task Force and the 
 32.7   natural resources research institute.  
 32.8   At least $75,000 of this appropriation 
 32.9   is to the Miller Creek Task Force to 
 32.10  implement water quality improvement 
 32.11  activities on Miller Creek and must be 
 32.12  matched by at least $50,000 of nonstate 
 32.13  money.  Up to $25,000 is for an 
 32.14  agreement with the natural resources 
 32.15  research institute for research 
 32.16  activities and an additional $25,000 of 
 32.17  activity must be provided by the 
 32.18  natural resources research institute or 
 32.19  be provided by other sources.  This 
 32.20  appropriation is contingent on the 
 32.21  formation of a watershed district or a 
 32.22  joint powers agreement. 
 32.23  Subd. 10.  Decision-Making Tools 
 32.24  (a) COMPARATIVE RISKS OF MULTIPLE 
 32.25  CHEMICAL EXPOSURES                       150,000 
 32.26  This appropriation is from the future 
 32.27  resources fund to the commissioner of 
 32.28  health to develop comparative risk 
 32.29  information for managing exposures to 
 32.30  multiple environmental hazards from 
 32.31  measurements of pesticides, volatile 
 32.32  organic compounds, and metals in soil, 
 32.33  air, water, and food. 
 32.34  (b) METROPOLITAN AREA GROUNDWATER 
 32.35  MODEL                                    300,000 
 32.36  This appropriation is from the trust 
 32.37  fund to the pollution control agency 
 32.38  for the second biennium to improve and 
 32.39  refine the metropolitan groundwater 
 32.40  model to improve contaminant tracking, 
 32.41  cleanup evaluation, and overall 
 32.42  protection of groundwater resources. 
 32.43  (c) WOLF MANAGEMENT PLAN                 100,000 
 32.44  This appropriation is from the future 
 32.45  resources fund to the commissioner of 
 32.46  natural resources to develop a 
 32.47  management plan for Minnesota wolves, 
 32.48  to be ready for implementation if the 
 32.49  eastern timberwolf is removed from the 
 32.50  federal endangered species list. 
 32.51  (d) MINNESOTA RIVER BASIN NATURAL 
 32.52  RESOURCE DATA                            250,000 
 32.53  This appropriation is from the trust 
 32.54  fund to Mankato State University in 
 32.55  cooperation with the Minnesota River 
 32.56  Basin Joint Powers Board to prepare 
 32.57  geographic information system data sets 
 32.58  for the 1,208 minor watersheds, provide 
 32.59  Internet access to the data, and 
 32.60  outreach training.  This appropriation 
 33.1   must be matched by at least $100,000 of 
 33.2   nonstate money. 
 33.3   (e) LAND USE DEVELOPMENT AND NATURAL 
 33.4   RESOURCE PROTECTION MODEL                400,000 
 33.5   This appropriation is from the trust 
 33.6   fund to the commissioner of natural 
 33.7   resources for an agreement with the 
 33.8   city of Winona to develop a geographic 
 33.9   information system implementation tool 
 33.10  to assist in the evaluation of natural 
 33.11  resource protection in land use 
 33.12  decision making by local governments.  
 33.13  This appropriation must be matched by 
 33.14  at least $88,000 of nonstate money. 
 33.15  (f) STATEWIDE DIGITAL SOIL 
 33.16  DATABASE - PHASE I                       145,000 
 33.17  This appropriation is from the future 
 33.18  resources fund to the board of water 
 33.19  and soil resources for the first 
 33.20  biennium for a pilot program to 
 33.21  investigate methods to digitize data 
 33.22  from older soil surveys and to 
 33.23  coordinate soil survey digitizing in at 
 33.24  least one county on a 50 percent cost 
 33.25  share basis.  Up to $30,000 of this 
 33.26  appropriation is for digitization and 
 33.27  must be matched by nonstate money by 
 33.28  April 30, 1999. 
 33.29  (g) FILLMORE COUNTY SOIL 
 33.30  SURVEY UPDATE                             65,000 
 33.31  This appropriation is from the trust 
 33.32  fund to the board of water and soil 
 33.33  resources to provide half of the 
 33.34  nonfederal share for the second year of 
 33.35  a six-year project to update the 
 33.36  Fillmore county soil survey into a 
 33.37  digitized and manuscript format. 
 33.38  Subd. 11.  Public Access to Natural
 33.39  Resource Data 
 33.40  (a) FOUNDATIONS FOR INTEGRATED ACCESS 
 33.41  TO ENVIRONMENTAL INFORMATION             650,000 
 33.42  This appropriation is from the future 
 33.43  resources fund to the director of the 
 33.44  office of strategic and long-range 
 33.45  planning for a collaborative effort 
 33.46  among natural resource agencies to 
 33.47  design, develop, and test a solution to 
 33.48  provide integrated electronic access to 
 33.49  environmental and natural resource 
 33.50  data.  These data must be made 
 33.51  accessible and free to the public 
 33.52  unless made private under the Data 
 33.53  Practices Act. 
 33.54  (b) ELECTRONIC ACCESS TO MINNESOTA'S 
 33.55  NATIONAL REGISTER OF HISTORIC PLACES     150,000 
 33.56  This appropriation is from the trust 
 33.57  fund to the Minnesota Historical 
 33.58  Society to update and provide public 
 33.59  electronic access to information about 
 33.60  Minnesota's National Register 
 34.1   properties. 
 34.2   (c) PUBLIC ACCESS TO ARCHAEOLOGICAL 
 34.3   KNOWLEDGE                                200,000 
 34.4   This appropriation is from the future 
 34.5   resources fund to the Minnesota 
 34.6   Historical Society for an agreement 
 34.7   with the Institute for Minnesota 
 34.8   Archaeology to enhance and provide 
 34.9   public electronic access to regional 
 34.10  archaeological data that have been 
 34.11  acquired or maintained with public 
 34.12  money. 
 34.13  Subd. 12.  Sustainable Development 
 34.14  Activities 
 34.15  (a) SUSTAINABLE DEVELOPMENT ASSISTANCE 
 34.16  FOR MUNICIPALITIES THROUGH ELECTRIC 
 34.17  UTILITIES                                250,000 
 34.18  This appropriation is from the future 
 34.19  resources fund to the commissioner of 
 34.20  administration for an agreement with 
 34.21  the Minnesota Municipal Utilities 
 34.22  Association to provide decision-making 
 34.23  tools, technical information, and 
 34.24  expert assistance to advance 
 34.25  sustainable renewable energy and energy 
 34.26  efficiency developments and implement 
 34.27  demonstration projects in at least four 
 34.28  communities.  This appropriation must 
 34.29  be matched by at least $250,000 in 
 34.30  nonstate money. 
 34.31  (b) RENEWABLE ENERGY DEMONSTRATION 
 34.32  AND EDUCATION IN STATE PARKS             230,000 
 34.33  $80,000 of this appropriation is from 
 34.34  the trust fund and $150,000 is from oil 
 34.35  overcharge money to the commissioner of 
 34.36  natural resources for an agreement with 
 34.37  the Center for Energy and Environment 
 34.38  to demonstrate cost-effective 
 34.39  applications of renewable energy 
 34.40  technologies in state parks by 
 34.41  developing technology selection 
 34.42  guidelines, installing projects in 
 34.43  state parks, and providing public 
 34.44  renewable energy education.  This 
 34.45  appropriation is available until June 
 34.46  30, 2000, at which time the project 
 34.47  must be completed and final products 
 34.48  delivered, unless an earlier date is 
 34.49  specified in the work program. 
 34.50  (c) ALFALFA BIOMASS PRODUCTION           200,000 
 34.51  This appropriation is from the future 
 34.52  resources fund to the University of 
 34.53  Minnesota for the evaluation of the 
 34.54  environmental impacts and benefits of 
 34.55  the production of alfalfa for 
 34.56  electrical power generation.  This 
 34.57  appropriation is available until June 
 34.58  30, 2000, at which time the project 
 34.59  must be completed and final products 
 34.60  delivered, unless an earlier date is 
 34.61  specified in the work program. 
 35.1   (d) SUSTAINABLE DEVELOPMENT OF WIND 
 35.2   ENERGY ON FAMILY FARMS                   200,000 
 35.3   This appropriation is from the future 
 35.4   resources fund to the commissioner of 
 35.5   administration for an agreement with 
 35.6   the Sustainable Resources Center for 
 35.7   the second biennium to provide 
 35.8   technical assistance, wind assessment, 
 35.9   and technology transfer for the 
 35.10  development of wind energy harvesting. 
 35.11  (e) CONNECTING PEOPLE AND PLACES 
 35.12  THROUGH YELLOW BIKES                      95,000 
 35.13  This appropriation is from the future 
 35.14  resources fund to the office of 
 35.15  environmental assistance for an 
 35.16  agreement with the Yellow Bike 
 35.17  Coalition to expand and develop a 
 35.18  bicycle recycling and transportation 
 35.19  program in at least three cities. 
 35.20  (f) SUSTAINABLE GARDENING FOR MINNESOTA 
 35.21  HOMES AND COMMUNITIES                    400,000 
 35.22  This appropriation is from the future 
 35.23  resources fund to the commissioner of 
 35.24  natural resources for an agreement with 
 35.25  the Sustainable Resources Center for 
 35.26  the fifth biennium to accelerate 
 35.27  community garden programs through 
 35.28  technical assistance to encourage 
 35.29  ecologically sound landscape plantings 
 35.30  and maintenance.  Up to $60,000 is to 
 35.31  provide a link between sustainable 
 35.32  agriculture farmers and urban consumers.
 35.33  (g) EVALUATE RIPARIAN FORESTS FOR 
 35.34  THE MINNESOTA RIVER                      300,000 
 35.35  This appropriation is from the trust 
 35.36  fund.  $80,000 is to the commissioner 
 35.37  of natural resources, $210,000 is to 
 35.38  the University of Minnesota, and 
 35.39  $10,000 is to the commissioner of 
 35.40  agriculture to evaluate the impact of 
 35.41  planting trees on sensitive riparian 
 35.42  lands.  This appropriation must be 
 35.43  spent in cooperation with the Minnesota 
 35.44  River Basin Joint Powers Board.  This 
 35.45  appropriation is available until June 
 35.46  30, 2000, at which time the project 
 35.47  must be completed and final products 
 35.48  delivered, unless an earlier date is 
 35.49  specified in the work program. 
 35.50  (h) ECONOMICS FOR LASTING 
 35.51  PROGRESS                                 250,000 
 35.52  This appropriation is from the future 
 35.53  resources fund to the director of the 
 35.54  office of strategic and long-range 
 35.55  planning for an assessment of how 
 35.56  economic indicators and policies reward 
 35.57  or discourage pollution, employment, 
 35.58  and sustainable resource use in 
 35.59  Minnesota. 
 35.60  (i) SOY-BASED DIESEL FUEL 
 35.61  STUDY                                     75,000 
 36.1   This appropriation is from the trust 
 36.2   fund to the commissioner of 
 36.3   agriculture, in cooperation with one or 
 36.4   more commissioners of appropriate state 
 36.5   agencies, for a pilot project to test 
 36.6   the use of soy-based biodiesel fuel to 
 36.7   operate fleet vehicles.  The study must 
 36.8   include an analysis of the 
 36.9   environmental effects, operational 
 36.10  characteristics, and obstacles to widen 
 36.11  use of soy-based biodiesel. 
 36.12  Subd. 13.  Environmental Education 
 36.13  (a) SCHOOL NATURE AREA PROJECT 
 36.14  (SNAP)                                   250,000 
 36.15  This appropriation is from the trust 
 36.16  fund to the commissioner of natural 
 36.17  resources for an agreement with St. 
 36.18  Olaf College for the second biennium to 
 36.19  accelerate partnerships between 
 36.20  institutions of higher education and 
 36.21  schools to develop school nature areas 
 36.22  and demonstrate methods of ecological 
 36.23  enhancement for integration into school 
 36.24  curriculum. 
 36.25  (b) WATERSHED SCIENCE: INTEGRATED 
 36.26  RESEARCH AND EDUCATION PROGRAM           500,000 
 36.27  This appropriation is from the future 
 36.28  resources fund to the Science Museum of 
 36.29  Minnesota to establish a long-term 
 36.30  monitoring program for the Valley Creek 
 36.31  watershed, develop a public geographic 
 36.32  information system laboratory, and 
 36.33  watershed science education programs. 
 36.34  (c) MINNESOTA FROG WATCH                 300,000 
 36.35  This appropriation is from the trust 
 36.36  fund to the commissioner of natural 
 36.37  resources for an agreement with the 
 36.38  Center for Global Environmental 
 36.39  Education, Hamline University, for the 
 36.40  second biennium to accelerate the 
 36.41  Minnesota frog watch environmental 
 36.42  education and monitoring program for 
 36.43  youth and families in formal and 
 36.44  nonformal education settings.  This 
 36.45  appropriation is available until June 
 36.46  30, 2000, at which time the project 
 36.47  must be completed and final products 
 36.48  delivered, unless an earlier date is 
 36.49  specified in the work program. 
 36.50  (d) ENVIRONMENTAL SERVICE LEARNING 
 36.51  PROJECTS IN MINNEAPOLIS SCHOOLS          100,000 
 36.52  This appropriation is from the future 
 36.53  resources fund to the commissioner of 
 36.54  natural resources for an agreement with 
 36.55  Eco Education to provide training and 
 36.56  minigrants for student service learning 
 36.57  projects.  This appropriation is 
 36.58  available until June 30, 2000, at which 
 36.59  time the project must be completed and 
 36.60  final products delivered, unless an 
 36.61  earlier date is specified in the work 
 37.1   program. 
 37.2   (e) PARTNERS IN ACCESSIBLE RECREATION 
 37.3   AND ENVIRONMENTAL RESPONSIBILITY         550,000 
 37.4   This appropriation is from the trust 
 37.5   fund to the commissioner of natural 
 37.6   resources for an agreement with 
 37.7   Wilderness Inquiry for the second 
 37.8   biennium to provide a statewide program 
 37.9   of environmental education, outdoor 
 37.10  recreation, and inclusion of people 
 37.11  with disabilities and other minority 
 37.12  groups. 
 37.13  (f) ENVIRONMENTAL SERVICE 
 37.14  LEARNING                                 100,000 
 37.15  This appropriation is from the trust 
 37.16  fund to the commissioner of natural 
 37.17  resources for an agreement with Stowe 
 37.18  Environmental Elementary School to 
 37.19  develop a partnership of schools, 
 37.20  communities, and agencies for 
 37.21  environmental service learning projects.
 37.22  (g) STATE WOLF MANAGEMENT: ELECTRONICALLY 
 37.23  MODERATING THE PUBLIC DISCUSSION         100,000 
 37.24  This appropriation is from the trust 
 37.25  fund to the commissioner of natural 
 37.26  resources for an agreement with the 
 37.27  International Wolf Center to provide a 
 37.28  public electronic forum and information 
 37.29  on wolf management.  This appropriation 
 37.30  must be matched by at least $20,000 of 
 37.31  nonstate money. 
 37.32  (h) CATCH AND RELEASE                     20,000 
 37.33  This appropriation is from the future 
 37.34  resources fund to the commissioner of 
 37.35  natural resources for an agreement with 
 37.36  the Rainy Lake Sportfishing Club to 
 37.37  accelerate its catch and release 
 37.38  program.  This appropriation must be 
 37.39  matched by at least $10,000 of nonstate 
 37.40  contributions, either cash or in-kind. 
 37.41  (i) ELECTRONIC ENVIRONMENTAL 
 37.42  EDUCATION RAPTOR NETWORK                 222,000 
 37.43  This appropriation is from the trust 
 37.44  fund to the University of Minnesota 
 37.45  raptor center for the second biennium 
 37.46  to implement an electronic 
 37.47  environmental education network using 
 37.48  satellite tracking with birds of prey.  
 37.49  The raptor center must seek additional 
 37.50  public and private partnerships. 
 37.51  Subd. 14.  Benchmarks and Indicators 
 37.52  (a) ENVIRONMENTAL INDICATORS 
 37.53  INITIATIVE-CONTINUATION                  250,000 
 37.54  This appropriation is from the trust 
 37.55  fund to the commissioner of natural 
 37.56  resources for the second biennium of a 
 37.57  three biennium project to create a 
 37.58  statewide framework for selecting and 
 38.1   monitoring environmental indicators to 
 38.2   assess and communicate Minnesota's 
 38.3   environmental health status and trends. 
 38.4   (b) MINNESOTA'S FOREST BIRD DIVERSITY 
 38.5   INITIATIVE: CONTINUATION                 350,000 
 38.6   This appropriation is from the trust 
 38.7   fund to the commissioner of natural 
 38.8   resources for the fourth biennium of a 
 38.9   six-biennium project for a 
 38.10  comprehensive monitoring and research 
 38.11  program that develops management tools 
 38.12  to maintain forest bird diversity.  
 38.13  This appropriation is available until 
 38.14  June 30, 2000, at which time the 
 38.15  project must be completed and final 
 38.16  products delivered, unless an earlier 
 38.17  date is specified in the work program. 
 38.18  (c) WATER QUALITY INDICATORS OF 
 38.19  ENDOCRINE DISRUPTING CHEMICALS           250,000 
 38.20  This appropriation is from the trust 
 38.21  fund to the pollution control agency to 
 38.22  monitor and research the effects of 
 38.23  endocrine disrupting chemicals in 
 38.24  surface waters on fish and wildlife 
 38.25  through analysis of biological effects. 
 38.26  (d) STREAM HABITAT PROTECTION:  
 38.27  CONTINUATION                             225,000 
 38.28  This appropriation is from the trust 
 38.29  fund to the commissioner of natural 
 38.30  resources to accelerate the stream flow 
 38.31  protection program.  This is the third 
 38.32  biennium of a proposed eight-biennium 
 38.33  effort to establish a watershed level 
 38.34  stream habitat database and develop the 
 38.35  tools to set protected flows for 
 38.36  ecosystem diversity.  This 
 38.37  appropriation is available until June 
 38.38  30, 2000, at which time the project 
 38.39  must be completed and final products 
 38.40  delivered, unless an earlier date is 
 38.41  specified in the work program. 
 38.42  (e) WETLAND ECOSYSTEMS MONITORING        160,000 
 38.43  This appropriation is from the future 
 38.44  resources fund to the University of 
 38.45  Minnesota to monitor wetland 
 38.46  restorations for their ecological 
 38.47  success and develop a long-term 
 38.48  monitoring data base. 
 38.49  (f) LOONS:  INDICATORS OF MERCURY 
 38.50  IN THE ENVIRONMENT                       230,000 
 38.51  This appropriation is from the trust 
 38.52  fund to the University of Minnesota to 
 38.53  analyze loon exposure to mercury and 
 38.54  its effects on loon health and 
 38.55  reproduction in the wild. 
 38.56  (g) TRAINING AND RESEARCH VESSEL FOR 
 38.57  LAKE SUPERIOR                            250,000 
 38.58  $130,000 of this appropriation is from 
 38.59  the trust fund and $120,000 of this 
 39.1   appropriation is from the Great Lakes 
 39.2   protection account to the University of 
 39.3   Minnesota-Duluth to purchase a vessel 
 39.4   for training and research on Lake 
 39.5   Superior.  This appropriation must be 
 39.6   matched by at least $250,000 of 
 39.7   nonstate money.  This appropriation is 
 39.8   available until June 30, 2000, at which 
 39.9   time the project must be completed and 
 39.10  final products delivered, unless an 
 39.11  earlier date is specified in the work 
 39.12  program. 
 39.13  Subd. 15.  Native Fisheries 
 39.14  (a) IMPROVED DECISIONS FOR WALLEYE 
 39.15  STOCKING AND SPECIAL REGULATIONS         200,000 
 39.16  This appropriation is from the future 
 39.17  resources fund to the University of 
 39.18  Minnesota to evaluate outcomes of 
 39.19  various stocking and harvest strategies 
 39.20  through modeling and genetic marker 
 39.21  tracking of the best performing strains 
 39.22  to maximize benefits of walleye 
 39.23  stocking and harvest regulations on 
 39.24  individual lakes.  This appropriation 
 39.25  is available until June 30, 2000, at 
 39.26  which time the project must be 
 39.27  completed and final products delivered, 
 39.28  unless an earlier date is specified in 
 39.29  the work program. 
 39.30  (b) MINNESOTA RARE MUSSEL 
 39.31  CONSERVATION                              91,000 
 39.32  This appropriation is from the trust 
 39.33  fund to the University of Minnesota to 
 39.34  establish and monitor refugia in the 
 39.35  St. Croix river to improve freshwater 
 39.36  mussel conservation. 
 39.37  Subd. 16.  Land Acquisition in High 
 39.38  Growth Areas 
 39.39  (a) SAND DUNES STATE FOREST 
 39.40  ACQUISITION                              400,000 
 39.41  This appropriation is from the trust 
 39.42  fund to the commissioner of natural 
 39.43  resources to acquire approximately 200 
 39.44  acres of lands within the Sand Dunes 
 39.45  State Forest, according to the 
 39.46  Cambridge area forest resource 
 39.47  management plan. 
 39.48  (b) ARBORETUM LAND ACQUISITION           450,000 
 39.49  This appropriation is from the trust 
 39.50  fund to the University of Minnesota for 
 39.51  a grant to the University of Minnesota 
 39.52  Landscape Arboretum Foundation for the 
 39.53  second biennium for land acquisition to 
 39.54  expand the boundary of the Minnesota 
 39.55  Landscape Arboretum.  This 
 39.56  appropriation must be matched by at 
 39.57  least $450,000 of nonstate money 
 39.58  Subd. 17.  Critical Lands or Habitats 
 39.59  (a) SUSTAINABLE WOODLANDS ON PRIVATE 
 40.1   LANDS                                    875,000 
 40.2   This appropriation is from the future 
 40.3   resources fund to the commissioner of 
 40.4   natural resources, in cooperation with 
 40.5   the Minnesota Forestry Association, to 
 40.6   develop stewardship plans for private 
 40.7   landowners and implement natural 
 40.8   resource projects by providing matching 
 40.9   money to private landowners. 
 40.10  (b) CANNON RIVER WATERSHED: 
 40.11  INTEGRATED MANAGEMENT                    350,000 
 40.12  This appropriation is from the future 
 40.13  resources fund to the board of water 
 40.14  and soil resources for an agreement 
 40.15  with the Cannon River Watershed 
 40.16  Partnership for the third biennium to 
 40.17  implement activities in the Cannon 
 40.18  River watershed through easements, 
 40.19  matching grants, and technical 
 40.20  assistance. 
 40.21  (c) PRAIRIE HERITAGE PROJECT             500,000 
 40.22  This appropriation is from the trust 
 40.23  fund to the commissioner of natural 
 40.24  resources for an agreement with 
 40.25  Pheasants Forever, Inc., to acquire and 
 40.26  develop land for prairie grasslands and 
 40.27  wetlands to be donated to the public.  
 40.28  The land must be open and accessible to 
 40.29  the public.  This appropriation must be 
 40.30  matched by at least $500,000 of 
 40.31  nonstate money.  In addition to the 
 40.32  required work program, parcels may not 
 40.33  be acquired until parcel lists have 
 40.34  been submitted to the legislative 
 40.35  commission on Minnesota resources and 
 40.36  the commission has approved the parcel 
 40.37  list or allowed 60 days to pass. 
 40.38  (d) PHALEN AREA WETLAND 
 40.39  RESTORATION, PHASE II                    400,000 
 40.40  This appropriation is from the trust 
 40.41  fund to the commissioner of natural 
 40.42  resources for an agreement with the 
 40.43  city of St. Paul for design, pre- and 
 40.44  post-construction monitoring, and 
 40.45  construction of approximately nine 
 40.46  acres of wetland. 
 40.47  (e) POINT DOUGLAS BLUFFLAND 
 40.48  ACQUISITION                              525,000 
 40.49  This appropriation is from the future 
 40.50  resources fund to the commissioner of 
 40.51  natural resources for an agreement with 
 40.52  the Carpenter St. Croix Valley Nature 
 40.53  Center to purchase approximately 125 
 40.54  acres of blufflands in the Mississippi 
 40.55  and St. Croix riverways.  The land must 
 40.56  be open and accessible to the public.  
 40.57  The nature center must provide that the 
 40.58  property will forfeit to the state if 
 40.59  the property ceases to be used as a 
 40.60  nature center that is open and 
 40.61  accessible to the public.  This 
 40.62  appropriation is available until June 
 41.1   30, 2000, at which time the project 
 41.2   must be completed and final products 
 41.3   delivered, unless an earlier date is 
 41.4   specified in the work program. 
 41.5   (f) MINNESOTA POINT PROTECTION            75,000 
 41.6   This appropriation is from the future 
 41.7   resources fund to the commissioner of 
 41.8   natural resources for an agreement with 
 41.9   Park Point Community Club for 
 41.10  administrative and management expenses 
 41.11  to secure the protection of the old 
 41.12  growth stands and bird sanctuary at 
 41.13  Minnesota Point in Duluth. 
 41.14  (g) SAVANNA RESTORATION FOR 
 41.15  SHARP-TAILED GROUSE                       30,000 
 41.16  This appropriation is from the future 
 41.17  resources fund to the commissioner of 
 41.18  natural resources for an agreement with 
 41.19  the Minnesota Sharp-Tailed Grouse 
 41.20  Society to identify and inventory 
 41.21  restorable northern savannas for 
 41.22  sharp-tailed grouse habitat. 
 41.23  (h) RIM - CRITICAL HABITAT ACQUISITION 
 41.24  AND ENHANCEMENT                          830,000 
 41.25  This appropriation is from the trust 
 41.26  fund to the commissioner of natural 
 41.27  resources to accelerate the reinvest in 
 41.28  Minnesota program activities authorized 
 41.29  under Minnesota Statutes, section 
 41.30  84.943.  Projects must occur in both 
 41.31  urban and rural areas.  Retroactive 
 41.32  reimbursement for the greening the 
 41.33  great river park project is authorized. 
 41.34  (i) RIM - WILDLIFE HABITAT 
 41.35  STEWARDSHIP                              400,000 
 41.36  This appropriation is from the trust 
 41.37  fund to the commissioner of natural 
 41.38  resources to accelerate the reinvest in 
 41.39  Minnesota program to improve wildlife 
 41.40  habitat and natural plant communities 
 41.41  statewide on public lands, both urban 
 41.42  and rural, to protect and enhance 
 41.43  wildlife, native plant species, and 
 41.44  ecological diversity. 
 41.45  (j) SCIENTIFIC AND NATURAL AREA 
 41.46  ACQUISITION                              425,000 
 41.47  This appropriation is from the trust 
 41.48  fund to the commissioner of natural 
 41.49  resources to accelerate the acquisition 
 41.50  of land for scientific and natural 
 41.51  areas under Minnesota Statutes, section 
 41.52  84.033. 
 41.53  (k) RIM - WILDLIFE HABITAT 
 41.54  ACQUISITION                              500,000 
 41.55  This appropriation is from the trust 
 41.56  fund to the commissioner of natural 
 41.57  resources to accelerate acquisition of 
 41.58  North American waterfowl management 
 41.59  plan wetlands and associated uplands on 
 42.1   a cost-share basis and wildlife habitat 
 42.2   in areas of high population growth. 
 42.3   (l) RIM - ACCELERATE FISHERIES 
 42.4   ACQUISITION                              500,000 
 42.5   This appropriation is from the trust 
 42.6   fund to the commissioner of natural 
 42.7   resources to accelerate the reinvest in 
 42.8   Minnesota program to acquire land 
 42.9   adjacent to lakes and streams to 
 42.10  provide for angler and management 
 42.11  access or protection of critical 
 42.12  riparian habitat, including access for 
 42.13  nonboat owners and urban users.  This 
 42.14  appropriation is available until June 
 42.15  30, 2000, at which time the project 
 42.16  must be completed and final products 
 42.17  delivered, unless an earlier date is 
 42.18  specified in the work program. 
 42.19  (m) MINNESOTA COUNTY BIOLOGICAL 
 42.20  SURVEY - CONTINUATION                  1,200,000 
 42.21  This appropriation is from the trust 
 42.22  fund to the commissioner of natural 
 42.23  resources for the sixth biennium of a 
 42.24  proposed 12-biennium project to 
 42.25  accelerate the county biological survey 
 42.26  for the systematic collection, 
 42.27  interpretation, and distribution of 
 42.28  data on the ecology of rare plants, 
 42.29  animals, and natural communities. 
 42.30  (n) PEATLAND RESTORATION                 275,000 
 42.31  This appropriation is from the future 
 42.32  resources fund to the University of 
 42.33  Minnesota-Duluth, natural resources 
 42.34  research institute, to promote 
 42.35  reestablishment of diverse, sustainable 
 42.36  peatland ecosystems on harvested 
 42.37  peatland sites through accelerated 
 42.38  development of cost effective, reliable 
 42.39  peatland restoration techniques. 
 42.40  (o) FISHING PIER AND PUBLIC 
 42.41  SHORE ACCESS                             355,000 
 42.42  This appropriation is from the trust 
 42.43  fund to the commissioner of natural 
 42.44  resources to provide increased access 
 42.45  to lakes and rivers statewide through 
 42.46  the provision of fishing piers and 
 42.47  shoreline access. 
 42.48  (p) PUBLIC BOAT ACCESS                   350,000 
 42.49  This appropriation is from the trust 
 42.50  fund to the commissioner of natural 
 42.51  resources to accelerate public water 
 42.52  access acquisition and development 
 42.53  statewide. 
 42.54  (q) FISHERIES STATEWIDE HATCHERY 
 42.55  REHABILITATION                           400,000 
 42.56  This appropriation is from the trust 
 42.57  fund to the commissioner of natural 
 42.58  resources to accelerate the reinvest in 
 42.59  Minnesota program to implement projects 
 43.1   to maintain and improve statewide fish 
 43.2   culture facilities.  This appropriation 
 43.3   is available until June 30, 2000, at 
 43.4   which time the project must be 
 43.5   completed and final products delivered, 
 43.6   unless an earlier date is specified in 
 43.7   the work program. 
 43.8   Subd. 18.  Wildlife or Trail Corridors 
 43.9   (a) MESABI TRAIL LAND ACQUISITION 
 43.10  AND DEVELOPMENT                          600,000 
 43.11  This appropriation is from the future 
 43.12  resources fund to the commissioner of 
 43.13  natural resources for an agreement with 
 43.14  the St. Louis and Lake Counties 
 43.15  Regional Rail Authority for the third 
 43.16  biennium to develop and acquire 
 43.17  segments of the Mesabi trail.  This 
 43.18  appropriation must be matched by at 
 43.19  least $600,000 of nonstate money.  This 
 43.20  appropriation is available until June 
 43.21  30, 2000, at which time the project 
 43.22  must be completed and final products 
 43.23  delivered, unless an earlier date is 
 43.24  specified on the work program. 
 43.25  (b) CHIPPEWA COUNTY REGIONAL TRAIL       400,000 
 43.26  This appropriation is from the future 
 43.27  resources fund to the commissioner of 
 43.28  natural resources for an agreement with 
 43.29  the city of Montevideo for the second 
 43.30  biennium to complete the construction 
 43.31  of the Chippewa County trail system in 
 43.32  Montevideo.  This appropriation is 
 43.33  available until June 30, 2000, at which 
 43.34  time the project must be completed and 
 43.35  final products delivered, unless an 
 43.36  earlier date is specified on the work 
 43.37  program.  Notwithstanding subdivision 
 43.38  23, these funds are available to the 
 43.39  extent matched by nonstate money prior 
 43.40  to January 1, 1999. 
 43.41  Subd. 19.  Native Species Planting 
 43.42  (a) MINNESOTA RELEAF TREE PLANTING 
 43.43  AND PRESERVATION GRANT PROGRAM           300,000 
 43.44  This appropriation is from the future 
 43.45  resources fund to the commissioner of 
 43.46  natural resources for the third 
 43.47  biennium for matching grants to local 
 43.48  communities to plant predominantly 
 43.49  native trees and protect native oak 
 43.50  forests from oak wilt. 
 43.51  (b) RESTORING WHITE PINE IN THE 
 43.52  MINNESOTA LANDSCAPE                      120,000 
 43.53  This appropriation is from the trust 
 43.54  fund to the University of Minnesota to 
 43.55  investigate factors currently limiting 
 43.56  establishment of white pine seedlings 
 43.57  in various forest cover types.  
 43.58  Management recommendations for natural 
 43.59  regeneration, seeding, and planting 
 43.60  must be developed. 
 44.1   (c) PRAIRIE AND OAK SAVANNA 
 44.2   RESTORATION                               50,000 
 44.3   This appropriation is from the future 
 44.4   resources fund to the commissioner of 
 44.5   natural resources for an agreement with 
 44.6   the St. Paul Audubon Society to restore 
 44.7   natural areas of sites in at least two 
 44.8   parks that have residual prairie and 
 44.9   oak savanna areas. 
 44.10  Subd. 20.  Exotic Species 
 44.11  (a) BALLAST WATER TECHNOLOGY 
 44.12  DEMONSTRATION FOR EXOTIC 
 44.13  SPECIES CONTROL                          200,000 
 44.14  This appropriation is from the future 
 44.15  resources fund to the commissioner of 
 44.16  natural resources for a demonstration 
 44.17  project in cooperation with the Duluth 
 44.18  Port Authority to test, evaluate, and 
 44.19  refine techniques for preventing the 
 44.20  introduction and dispersal of exotic 
 44.21  species from ballast water into Lake 
 44.22  Superior. 
 44.23  (b) BIOLOGICAL CONTROL OF EURASIAN 
 44.24  WATER MILFOIL AND PURPLE 
 44.25  LOOSESTRIFE - CONTINUATION               150,000 
 44.26  This appropriation is from the trust 
 44.27  fund to the commissioner of natural 
 44.28  resources for the third biennium of a 
 44.29  five-biennium project to develop 
 44.30  biological controls for Eurasian water 
 44.31  milfoil and purple loosestrife.  This 
 44.32  appropriation is available until June 
 44.33  30, 2000, at which time the project 
 44.34  must be completed and final products 
 44.35  delivered, unless an earlier date is 
 44.36  specified in the work program. 
 44.37  (c) CONTROL OF WEEDS IN NATIVE 
 44.38  WILD RICE                                100,000 
 44.39  This appropriation is from the future 
 44.40  resources fund to the commissioner of 
 44.41  natural resources for an agreement with 
 44.42  Bois Forte Reservation for a Nett Lake 
 44.43  biocontrol study to remove exotic and 
 44.44  nuisance weeds from a wild rice lake.  
 44.45  Any release of organisms must be in 
 44.46  compliance with state and federal 
 44.47  permits.  This appropriation must be 
 44.48  matched by at least $100,000 of 
 44.49  nonstate money.  This appropriation is 
 44.50  available until June 30, 2000, at which 
 44.51  time the project must be completed and 
 44.52  final products delivered, unless an 
 44.53  earlier date is specified in the work 
 44.54  program. 
 44.55  Subd. 21.  Data Availability Requirements 
 44.56  (a) During the biennium ending June 30, 
 44.57  1999, the data collected by the 
 44.58  projects funded under this section that 
 44.59  have common value for natural resource 
 44.60  planning and management must conform to 
 44.61  information architecture as defined in 
 45.1   guidelines and standards adopted by the 
 45.2   information policy office and 
 45.3   government information access council.  
 45.4   These data must be made accessible and 
 45.5   free to the public unless made private 
 45.6   under the Data Practices Act.  
 45.7   (b) As part of their project 
 45.8   expenditures, recipients of land 
 45.9   acquisition appropriations must provide 
 45.10  the information necessary to update 
 45.11  public recreation information maps and 
 45.12  other appropriate media to the 
 45.13  department of natural resources in the 
 45.14  specified form. 
 45.15  Subd. 22.  Project Requirements 
 45.16  It is a condition of acceptance of the 
 45.17  appropriations in this section that any 
 45.18  agency or entity receiving the 
 45.19  appropriation must comply with 
 45.20  Minnesota Statutes, chapter 116P. 
 45.21  Subd. 23.  Match Requirements 
 45.22  Unless specifically authorized, 
 45.23  appropriations in this section that 
 45.24  must be matched and for which the match 
 45.25  has not been committed by January 1, 
 45.26  1998, are canceled, and in-kind 
 45.27  contributions may not be counted as 
 45.28  match. 
 45.29  Subd. 24.  Payment Conditions and 
 45.30  Capital Equipment Expenditures 
 45.31  All agreements, grants, or contracts 
 45.32  referred to in this section must be 
 45.33  administered on a reimbursement basis.  
 45.34  Notwithstanding Minnesota statutes, 
 45.35  section 16A.41, expenditures made on or 
 45.36  after July 1, 1997, or the date the 
 45.37  work program is approved, whichever is 
 45.38  later, are eligible for reimbursement.  
 45.39  Payment must be made upon receiving 
 45.40  documentation that project-eligible 
 45.41  reimbursable amounts have been 
 45.42  expended, except that reasonable 
 45.43  amounts may be advanced to projects in 
 45.44  order to accommodate cash flow needs. 
 45.45  The advances must be approved as part 
 45.46  of the work program.  No expenditures 
 45.47  for capital equipment are allowed 
 45.48  unless expressly authorized in the 
 45.49  project work program. 
 45.50  Subd. 25.  Purchase of Recycled and 
 45.51  Recyclable Materials 
 45.52  A political subdivision, public or 
 45.53  private corporation, or other entity 
 45.54  that receives an appropriation in this 
 45.55  section must use the appropriation in 
 45.56  compliance with Minnesota Statutes, 
 45.57  sections 16B.121 to 16B.123, requiring 
 45.58  the purchase of recycled, repairable, 
 45.59  and durable materials, the purchase of 
 45.60  uncoated paper stock, and the use of 
 45.61  soy-based ink, the same as if it were a 
 45.62  state agency. 
 46.1   Subd. 26.  Carryforward 
 46.2   (a) The availability of the 
 46.3   appropriations for the following 
 46.4   projects is extended to June 30, 1998: 
 46.5   Laws 1996, chapter 407, section 8, 
 46.6   subdivision 3, paragraph (c), local 
 46.7   grants; Laws 1995, chapter 220, section 
 46.8   19, subdivision 4, paragraph (e), local 
 46.9   grants; subdivision 5, paragraph (d), 
 46.10  blufflands landscape, paragraph (f), 
 46.11  atmospheric mercury emissions, 
 46.12  deposition, and environmental cost 
 46.13  evaluation; and paragraph (r), 
 46.14  developing, evaluating, and promoting 
 46.15  sustainable farming systems; 
 46.16  subdivision 6, paragraph (b), 
 46.17  environmental education teacher 
 46.18  training, paragraph (g), electronic 
 46.19  environmental education network; and 
 46.20  paragraph (r), as amended by Laws 1996, 
 46.21  chapter 407, section 51, Ney 
 46.22  environmental center; and paragraph 
 46.23  (s), Lawndale environmental center; 
 46.24  subdivision 7, paragraph (f), 
 46.25  completion of statewide land use 
 46.26  update, paragraph (g), Fillmore county 
 46.27  soil survey update, paragraph (j), 
 46.28  microbial deterioration of asphalt 
 46.29  materials and prevention, and paragraph 
 46.30  (k), analysis of lands enrolled in 
 46.31  conservation reserve program; 
 46.32  subdivision 8, paragraph (a), urban 
 46.33  wildlife habitat program; subdivision 
 46.34  11, paragraph (e), energy improvements 
 46.35  in public ice arenas. 
 46.36  (b) The availability of the 
 46.37  appropriation for the following 
 46.38  projects is extended to June 30, 1999: 
 46.39  Laws 1995, chapter 220, section 19, 
 46.40  subdivision 4, paragraph (a), 
 46.41  metropolitan regional park system; 
 46.42  paragraph (g), clause (1), as amended 
 46.43  by Laws 1996, chapter 407, section 50, 
 46.44  local share for ISTEA federal projects; 
 46.45  and subdivision 12, paragraph (a) 
 46.46  restore historic Mississippi river mill 
 46.47  site; Laws 1994, chapter 632, article 
 46.48  2, section 6, Silver Bay harbor; and 
 46.49  Laws 1993, chapter 172, section 14, 
 46.50  subdivision 10, paragraph (o), Lake 
 46.51  Superior safe harbors-continuation. 
 46.52  Subd. 27.  Energy Conservation 
 46.53  A recipient to whom an appropriation is 
 46.54  made in this section for a capital 
 46.55  improvement project shall ensure that 
 46.56  the project complies with the 
 46.57  applicable energy conservation 
 46.58  standards contained in law, including 
 46.59  Minnesota Statutes, sections 216C.19 to 
 46.60  216C.21, and rules adopted thereunder.  
 46.61  The recipient may use the energy 
 46.62  planning and intervention and energy 
 46.63  technologies units of the commissioner 
 46.64  of public service to obtain information 
 46.65  and technical assistance on energy 
 46.66  conservation and alternative energy 
 46.67  development relating to the planning 
 47.1   and construction of the capital 
 47.2   improvement project. 
 47.3      Sec. 17.  [APPROPRIATION RESTRICTIONS; COMMISSIONER'S 
 47.4   OFFICE.] 
 47.5      No general fund appropriations in this act may be used to 
 47.6   pay for commissioner's office activities of the pollution 
 47.7   control agency, department of natural resources, and department 
 47.8   of agriculture. 
 47.9      Sec. 18.  [4.0715] [ISTEA ENHANCEMENT MONEY.] 
 47.10     Subdivision 1.  [DEFINITIONS.] "ISTEA enhancement money" 
 47.11  means money received by the state from the federal government 
 47.12  under the 1997 reauthorization of the Intermodal Surface 
 47.13  Transportation Efficiency Act and designated for enhancement. 
 47.14     Subd. 2.  [APPROPRIATION REQUIRED.] ISTEA enhancement money 
 47.15  may not be spent until it is specifically appropriated by law. 
 47.16     Subd. 3.  [MINNESOTA RESOURCES PROJECTS.] The legislature 
 47.17  intends to appropriate ISTEA enhancement money for projects that 
 47.18  have been reviewed and recommended by the legislative commission 
 47.19  on Minnesota resources.  A work plan must be prepared for each 
 47.20  proposed project for review by the commission.  The commission 
 47.21  must recommend specific projects to the legislature. 
 47.22     Sec. 19.  Minnesota Statutes 1996, section 17.03, is 
 47.23  amended by adding a subdivision to read: 
 47.24     Subd. 12.  [CONTRACTS.] The commissioner may enter into 
 47.25  contracts with any public or private entity for the provision of 
 47.26  statutorily prescribed agricultural marketing and development 
 47.27  services by the department.  A contract must specify the 
 47.28  services to be provided and the amount and method of 
 47.29  reimbursement.  Funds generated in a contractual agreement under 
 47.30  this section must be deposited in a special revenue fund and are 
 47.31  appropriated to the department for purposes of providing 
 47.32  services specified in the contracts.  Contracts under this 
 47.33  section must be processed in accordance with section 16B.06.  
 47.34  The commissioner must report revenues collected and expenditures 
 47.35  made under this section to the chairs of the environment and 
 47.36  natural resources finance committee in the house of 
 48.1   representatives and the agriculture budget division in the 
 48.2   senate by January 15 of each odd-numbered year. 
 48.3      Sec. 20.  Minnesota Statutes 1996, section 17.101, is 
 48.4   amended to read: 
 48.5      17.101 [PROMOTIONAL ACTIVITIES.] 
 48.6      Subdivision 1.  [DEPARTMENTAL DUTIES.] For the purposes of 
 48.7   expanding, improving, and developing ~~the markets for~~ production 
 48.8   and marketing of products of Minnesota agriculture, the 
 48.9   commissioner shall encourage and promote the production and 
 48.10  marketing of these products by means of:  
 48.11     (a) advertising Minnesota agricultural products; 
 48.12     (b) assisting state agricultural commodity organizations; 
 48.13     (c) developing methods to increase processing and marketing 
 48.14  of agricultural commodities including commodities not being 
 48.15  produced in Minnesota on a commercial scale, but which may have 
 48.16  economic potential in national and international markets; 
 48.17     (d) investigating and identifying new marketing technology 
 48.18  and methods to enhance the competitive position of Minnesota 
 48.19  agricultural products; 
 48.20     (e) evaluating livestock marketing opportunities; 
 48.21     (f) assessing and developing national and international 
 48.22  markets for Minnesota agricultural products; 
 48.23     (g) studying the conversion of raw agricultural products to 
 48.24  manufactured products including ethanol; 
 48.25     (h) hosting the visits of foreign trade teams to Minnesota 
 48.26  and defraying the teams' expenses; 
 48.27     (i) assisting Minnesota agricultural businesses desiring to 
 48.28  sell their products; ~~and~~ 
 48.29     (j) conducting research to eliminate or reduce specific 
 48.30  production or technological barriers to market development and 
 48.31  trade; and 
 48.32     (k) other activities the commissioner deems appropriate to 
 48.33  promote Minnesota agricultural products, provided that the 
 48.34  activities do not duplicate programs or services provided by the 
 48.35  Minnesota trade division or the Minnesota world trade center 
 48.36  corporation. 
 49.1      Subd. 2.  [AGRICULTURAL DEVELOPMENT GRANTS AND CONTRACTS.] 
 49.2   In order to carry out the duties in subdivision 1, the 
 49.3   commissioner, in addition to whatever other resources the 
 49.4   department may commit, shall make grants and enter into 
 49.5   contracts to fulfill the obligations of subdivision 1.  The 
 49.6   commissioner may enter into partnerships or seek gifts to carry 
 49.7   out subdivision 1.  The commissioner may contract with, among 
 49.8   others, agricultural commodity organizations, the University of 
 49.9   Minnesota, and agriculture related businesses to fulfill the 
 49.10  duties.  The commissioner shall make permanent rules for the 
 49.11  administration of these grants and contracts.  The rules shall 
 49.12  specify at a minimum:  
 49.13     (a) eligibility criteria; 
 49.14     (b) application procedures; 
 49.15     (c) provisions for application review and project approval; 
 49.16     (d) provisions for program monitoring and review for all 
 49.17  approved grants and contracts; and 
 49.18     (e) other provisions the commissioner finds necessary.  
 49.19     Contracts entered into by the commissioner pursuant to this 
 49.20  subdivision shall not exceed 75 percent of the cost of the 
 49.21  project supported by the commissioner's grant.  In any biennium, 
 49.22  no organization shall receive more than $70,000 in grants from 
 49.23  the commissioner.  
 49.24     Subd. 3.  [AUDITS.] The books, records, documents, and 
 49.25  accounting procedures and practices of any organization 
 49.26  receiving a grant or contract from the commissioner under the 
 49.27  provisions of subdivision 2 shall be subject to examination by 
 49.28  the department.  The commissioner may prescribe uniform methods 
 49.29  of accounting to be used by grant or contract recipients.  
 49.30     Subd. 4.  [ADVISORY GROUP.] The commissioner may establish 
 49.31  an ad hoc advisory group to assist in evaluating grant requests 
 49.32  made ~~pursuant to~~ under subdivision 2. 
 49.33     Subd. 5.  [VALUE-ADDED AGRICULTURAL LIVESTOCK PROCESSING 
 49.34  AND MARKETING GRANT PROGRAM.] (a) For purposes of this section, 
 49.35  "livestock or dairy processing facility" means land, buildings, 
 49.36  structures, fixtures, and improvements located or to be located 
 50.1   in Minnesota and used or operated primarily for the processing 
 50.2   or production of marketable products from agricultural livestock 
 50.3   or dairy commodities produced.  
 50.4      (b) The commissioner shall establish and implement a 
 50.5   value-added agricultural livestock and dairy processing and 
 50.6   marketing grant program to help farmers finance new cooperatives 
 50.7   that organize for the purposes of operating livestock and dairy 
 50.8   processing facilities and for marketing activities related to 
 50.9   the sale and distribution of processed livestock and dairy 
 50.10  products.  
 50.11     (c) To be eligible for this program a grantee must:  
 50.12     (1) be a cooperative organized under chapter 308A; 
 50.13     (2) certify that all of the control and equity in the 
 50.14  cooperative is from farmers as defined in section 500.24, 
 50.15  subdivision 2, and actively engaged in livestock or dairy 
 50.16  production; 
 50.17     (3) be operated primarily for the processing of livestock 
 50.18  or dairy produced in Minnesota; 
 50.19     (4) receive livestock or dairy produced primarily by 
 50.20  shareholders or members of the cooperative; and 
 50.21     (5) have no direct or indirect involvement in the 
 50.22  production of livestock and dairy.  
 50.23     (d) The commissioner may receive applications from and make 
 50.24  grants up to $50,000 for feasibility, marketing analysis, and 
 50.25  predesign of facilities to eligible cooperatives.  The 
 50.26  commissioner shall give priority to applicants who use the 
 50.27  grants for planning costs related to an application for 
 50.28  assistance from the Farm Service Agency. 
 50.29     Sec. 21.  [17.110] [BEAVER DAMAGE CONTROL GRANTS.] 
 50.30     Subdivision 1.  [ESTABLISHMENT.] The commissioner of 
 50.31  agriculture shall establish a beaver damage control grant 
 50.32  program to provide grants for the control of beaver activities 
 50.33  causing damage to public waters, roads, and ditches and adjacent 
 50.34  private property.  The grants may only be made to a joint powers 
 50.35  board established under section 471.59 by two or more 
 50.36  governmental units and may include Indian tribal governments. 
 51.1      Subd. 2.  [GRANT AMOUNT.] The commissioner may provide up 
 51.2   to 50 percent of the costs of implementing a beaver damage 
 51.3   control program by a joint powers board. 
 51.4      Subd. 3.  [AWARDING OF GRANTS.] Applications for grants 
 51.5   must be made to the commissioner on forms prescribed by the 
 51.6   commissioner.  The commissioner shall consult with town 
 51.7   supervisors and county commissioners representing different 
 51.8   areas of the state in developing the application form.  A joint 
 51.9   powers board seeking a grant may be required to supply 
 51.10  information on the beaver control program it has adopted, the 
 51.11  extent of the problem in the geographic area covered by the 
 51.12  joint powers agreement, and the ability of the joint powers 
 51.13  board to match the state grant.  The commissioner may prioritize 
 51.14  the grant applications based upon the information requested as 
 51.15  part of the grant application. 
 51.16     Subd. 4.  [REPORT.] (a) Within one year after receiving a 
 51.17  grant under this section, a joint powers board must report to 
 51.18  the commissioner on the board's efforts to control beaver in the 
 51.19  area. 
 51.20     (b) The commissioner shall report to the senate and house 
 51.21  environment and natural resources committees on the efforts 
 51.22  under this section to control beaver by December 15 of each 
 51.23  even-numbered year. 
 51.24     Sec. 22.  Minnesota Statutes 1996, section 17.116, 
 51.25  subdivision 2, is amended to read: 
 51.26     Subd. 2.  [ELIGIBILITY.] (a) Grants may only be made to 
 51.27  farmers, educational institutions, individuals at educational 
 51.28  institutions, or nonprofit organizations residing or located in 
 51.29  the state for demonstrations on farms in the state. 
 51.30     (b) Grants may only be made for projects that show: 
 51.31     (1) the ability to maximize direct or indirect energy 
 51.32  savings or production; 
 51.33     (2) a positive effect or reduced adverse effect on the 
 51.34  environment; and 
 51.35     (3) profitability for the individual farm. 
 51.36     Sec. 23.  Minnesota Statutes 1996, section 17.116, 
 52.1   subdivision 3, is amended to read: 
 52.2      Subd. 3.  [AWARDING OF GRANTS.] (a) Applications for grants 
 52.3   must be made to the commissioner on forms prescribed by the 
 52.4   commissioner. 
 52.5      (b) The applications must be reviewed, ranked, and 
 52.6   recommended by a technical review panel appointed by the 
 52.7   commissioner.  The technical review panel shall consist of a 
 52.8   soil scientist, an agronomist, a representative from a 
 52.9   post-secondary educational institution, two resident farmers of 
 52.10  the state using sustainable agriculture methods, and a chair 
 52.11  from the department.  
 52.12     (c) The technical review panel shall rank applications 
 52.13  according to the following criteria: 
 52.14     (1) direct or indirect energy savings or production; 
 52.15     (2) environmental benefit; 
 52.16     (3) farm profitability; 
 52.17     (4) the number of farms able to apply the techniques or the 
 52.18  technology proposed; 
 52.19     (5) the effectiveness of the project as a demonstration; 
 52.20     (6) the immediate transferability of the project to farms; 
 52.21  and 
 52.22     (7) the ability of the project to accomplish its goals. 
 52.23     (d) The commissioner shall consider the recommendations of 
 52.24  the technical review panel and may award grants for eligible 
 52.25  projects.  Priority must be given to applicants who are farmers 
 52.26  or groups of farmers. 
 52.27     (e) Grants for eligible projects may not exceed $25,000 
 52.28  unless the portion above $25,000 is matched on an equal basis by 
 52.29  the applicant's cash or in-kind land use contribution.  Grant 
 52.30  funding of projects may not exceed $50,000 under this section, 
 52.31  but applicants may utilize other funding sources.  A portion of 
 52.32  each grant must be targeted for public information activities of 
 52.33  the project. 
 52.34     (f) A project may continue for up to three years.  
 52.35  Multiyear projects must be reevaluated by the technical review 
 52.36  panel and the commissioner before second or third year funding 
 53.1   is approved.  A project is limited to one grant for its funding. 
 53.2      ~~(g) Only one grant under this section may be made per~~ 
 53.3   ~~grantee.~~ 
 53.4      Sec. 24.  Minnesota Statutes 1996, section 17.4988, is 
 53.5   amended to read: 
 53.6      17.4988 [LICENSE AND INSPECTION FEES.] 
 53.7      Subdivision 1.  [REQUIREMENTS FOR ISSUANCE.] A permit or 
 53.8   license must be issued by the commissioner if the requirements 
 53.9   of law are met and the license and permit fees specified in this 
 53.10  section are paid. 
 53.11     Subd. 2.  [AQUATIC FARMING LICENSE.] (a) The annual fee for 
 53.12  an aquatic farming license is $275. 
 53.13     (b) The aquatic farming license may contain endorsements 
 53.14  for the rights and privileges of the following licenses under 
 53.15  the game and fish laws.  The endorsement must be made upon 
 53.16  payment of the license fee prescribed in section 97A.475 for the 
 53.17  following licenses: 
 53.18     (1) minnow dealer license; 
 53.19     (2) minnow retailer license for sale of minnows as bait; 
 53.20     (3) minnow exporting license; 
 53.21     (4) ~~minnow dealer helper license;~~ 
 53.22     ~~(5)~~ aquatic farm vehicle endorsement, which includes a 
 53.23  minnow dealer vehicle license, a minnow retailer vehicle 
 53.24  license, an exporting minnow ~~hauler~~ vehicle license, and a fish 
 53.25  vendor ~~vehicle~~ license; 
 53.26     ~~(6)~~ (5) sucker egg taking license; and 
 53.27     ~~(7)~~ (6) game fish packers license. 
 53.28     Subd. 3.  [INSPECTION FEES.] The fees for the following 
 53.29  inspections are:  
 53.30     (1) initial inspection of each water to be licensed, $50; 
 53.31     (2) fish health inspection and certification, $20 
 53.32  plus ~~$80~~ $100 per lot thereafter; and 
 53.33     (3) initial inspection for containment and quarantine 
 53.34  facility inspections, $50. 
 53.35     Subd. 4.  [AQUARIUM FACILITY.] (a) A person operating a 
 53.36  commercial aquarium facility must have a commercial aquarium 
 54.1   facility license issued by the commissioner if the facility 
 54.2   contains species of aquatic life that are for sale and that are 
 54.3   present in waters of the state.  The commissioner may require an 
 54.4   aquarium facility license for aquarium facilities importing or 
 54.5   holding species of aquatic life that are for sale and that are 
 54.6   not present in Minnesota if those species can survive in waters 
 54.7   of the state.  The fee for an aquarium facility license 
 54.8   is ~~$15~~ $20. 
 54.9      (b) Game fish transferred by an aquarium facility must be 
 54.10  accompanied by a receipt containing the information required on 
 54.11  a shipping document by section 17.4985, subdivision 3, paragraph 
 54.12  (b). 
 54.13     Sec. 25.  Minnesota Statutes 1996, section 17.76, is 
 54.14  amended to read: 
 54.15     17.76 [MINNESOTA DAIRY PRODUCERS AND CONSUMERS BOARD.] 
 54.16     Subdivision 1.  [ESTABLISHMENT; COMPOSITION; OFFICERS.] (a) 
 54.17  The Minnesota dairy producers and consumers board consists of 17 
 54.18  members.  Fourteen of the members must be eligible family dairy 
 54.19  producers. Three of the members must represent food consumer 
 54.20  groups.  For purposes of this section, "eligible family dairy 
 54.21  producer" means a natural person who daily manages and operates 
 54.22  a dairy farm owned by the person.  "Eligible family dairy 
 54.23  producer" does not include a person who is currently an employee 
 54.24  of or a member of the board of directors of an organization 
 54.25  involved in milk processing or dairy marketing. 
 54.26     (b) The board shall elect from among its members a chair 
 54.27  and other appropriate officers. 
 54.28     Subd. 2.  [APPOINTMENT; TERMS; COMPENSATION.] (a) Two 
 54.29  members of the board shall be appointed by each of seven 
 54.30  organizations representing agriculture in Minnesota.  The 
 54.31  organizations are: 
 54.32     Minnesota Farmers Union; 
 54.33     National Farmers Organization; 
 54.34     Farmers Union Milk Marketing Cooperative; 
 54.35     Minnesota Milk Producers; 
 54.36     Sustainable Farming Association of Minnesota; 
 55.1      Minnesota Farm Bureau; and 
 55.2      Minnesota COACT. 
 55.3      One member of the board shall be appointed by each of three 
 55.4   organizations representing consumers in Minnesota.  The 
 55.5   organizations are: 
 55.6      Minnesota Food Association; 
 55.7      Minnesota Senior Federation; and 
 55.8      Minnesota COACT. 
 55.9      To the extent practicable, the members must be selected to 
 55.10  represent the broad diversity of Minnesota's dairy producers. 
 55.11     (b) The terms and compensation of members and reimbursement 
 55.12  for their expenses is governed by section 15.059. 
 55.13     (c) The board expires on June 30, 2001. 
 55.14     Subd. 3.  [DUTIES.] (a) The board ~~shall~~ may monitor 
 55.15  economic aspects of the dairy production, processing, and 
 55.16  marketing process including: 
 55.17     (1) the movement of milk by processors; 
 55.18     (2) price setting at the ~~Green Bay, Wisconsin,~~ National 
 55.19  Cheese Exchange in Chicago; 
 55.20     (3) processor pricing ~~schemes~~ methods; 
 55.21     (4) producer checkoffs and the use of checkoff funds; 
 55.22     (5) federal and state pricing policy; and 
 55.23     (6) other activities that affect the farm gate price of raw 
 55.24  milk. 
 55.25     (b) The board ~~shall~~ may regularly educate producers, 
 55.26  processors, consumers, and policymakers about the reasons for 
 55.27  inadequate raw milk prices. 
 55.28     (c) The board ~~shall~~ may conduct quarterly surveys of dairy 
 55.29  producers to identify problems created by milk prices that do 
 55.30  not provide a fair return on the investment of producers.  The 
 55.31  board ~~must~~ may compile the information from these surveys and 
 55.32  recommend solutions to producers. 
 55.33     (d) The board ~~shall~~ may determine dairy production costs in 
 55.34  each county through periodic surveys and from local 
 55.35  organizations of producers. 
 55.36     ~~(e) The board shall serve as an advocate for dairy~~ 
 56.1   ~~producers in assuring that members of cooperatives are awarded~~ 
 56.2   ~~protections similar to the rights of members of cooperative~~ 
 56.3   ~~electric associations under section 216B.027.~~ 
 56.4      Sec. 26.  [17.861] [REPLACEMENT OF MERCURY MANOMETERS.] 
 56.5      The commissioner, in cooperation with the pollution control 
 56.6   agency, the office of environmental assistance, dairy equipment 
 56.7   manufacturers and suppliers, and other interested parties, shall 
 56.8   develop a program to provide replacement nonmercury manometers 
 56.9   for a $50 fee and to arrange for the acceptance, disposal, and 
 56.10  recycling of the mercury, apparatus, and manometers at no cost 
 56.11  to the dairy farmer.  The mercury, manometers, and apparatus 
 56.12  shall be managed in accordance with sections 115A.932 and 116.92.
 56.13     Sec. 27.  Minnesota Statutes 1996, section 18.79, is 
 56.14  amended by adding a subdivision to read: 
 56.15     Subd. 12.  [NOXIOUS-WEED-FREE FORAGE AND MULCH 
 56.16  CERTIFICATION AGENCY.] The official certification agency for 
 56.17  noxious-weed-free forage and mulch shall be determined by the 
 56.18  commissioner of agriculture in consultation with the director of 
 56.19  the Minnesota agricultural experiment station. 
 56.20     Sec. 28.  Minnesota Statutes 1996, section 18C.421, 
 56.21  subdivision 1, is amended to read: 
 56.22     Subdivision 1.  [SEMIANNUAL STATEMENT.] (a) Each licensed 
 56.23  distributor of fertilizer and each registrant of a specialty 
 56.24  fertilizer, soil amendment, or plant amendment must file a 
 56.25  semiannual statement for the periods ending December 31 and June 
 56.26  30 with the commissioner on forms furnished by the commissioner 
 56.27  stating the number of net tons and grade of each raw fertilizer 
 56.28  material distributed or the number of net tons of each brand or 
 56.29  grade of fertilizer, soil amendment, or plant amendment 
 56.30  distributed in this state during the reporting period. 
 56.31     (b) A report from a licensee who sells to an ultimate 
 56.32  consumer must be accompanied by records or invoice copies 
 56.33  indicating the name of the distributor who paid the inspection 
 56.34  fee, the net tons received, and the grade or brand name of the 
 56.35  products received.  
 56.36     (c) The report is due on or before the last day of the 
 57.1   month following the close of each reporting period of each 
 57.2   calendar year.  
 57.3      (d) The inspection fee at the rate stated in section 
 57.4   18C.425, subdivision 6, must accompany the statement.  
 57.5      Sec. 29.  Minnesota Statutes 1996, section 18C.425, 
 57.6   subdivision 1, is amended to read: 
 57.7      Subdivision 1.  [~~APPLICATION FEES~~ FERTILIZER LICENSE.] (a) 
 57.8   An application for ~~other licenses~~ a license for each fixed 
 57.9   location to be covered by the license within the state must be 
 57.10  accompanied by a nonrefundable application fee of $100 ~~fee~~. 
 57.11     (b) An application for a license for all fixed locations of 
 57.12  a firm outside of the state must be accompanied by 
 57.13  a nonrefundable application fee of $100. 
 57.14     (c) An application for a license to cover mobile mechanical 
 57.15  units must be accompanied by a nonrefundable application fee of 
 57.16  $100 for the first unit operated by one distributor and $50 for 
 57.17  each additional mobile mechanical unit.  
 57.18     Sec. 30.  Minnesota Statutes 1996, section 18C.425, 
 57.19  subdivision 2, is amended to read: 
 57.20     Subd. 2.  [SPECIALTY FERTILIZER REGISTRATION.] An 
 57.21  application for registration of a specialty fertilizer must be 
 57.22  accompanied by a ~~registration~~ nonrefundable application fee of 
 57.23  $100 for each brand and grade to be sold or distributed as 
 57.24  provided in section 18C.411.  
 57.25     Sec. 31.  Minnesota Statutes 1996, section 18C.425, 
 57.26  subdivision 3, is amended to read: 
 57.27     Subd. 3.  [SOIL AMENDMENT AND PLANT AMENDMENT 
 57.28  REGISTRATION.] An application for registration of a soil 
 57.29  amendment or plant amendment must be accompanied by a 
 57.30  ~~registration~~ nonrefundable application fee of $200 for each 
 57.31  brand sold or distributed as provided in section 18C.411. 
 57.32     Sec. 32.  Minnesota Statutes 1996, section 18C.425, 
 57.33  subdivision 6, is amended to read: 
 57.34     Subd. 6.  [INSPECTION FEES.] ~~A~~ The person ~~who sells or~~ 
 57.35  ~~distributes~~ responsible for payment of the inspection fees for 
 57.36  fertilizers, soil amendments, or plant amendments sold and used 
 58.1   in this state must pay an inspection fee ~~amounting to the~~ 
 58.2   ~~greater~~ of ~~15~~ 25 cents per ton of fertilizer, soil amendment, 
 58.3   and plant amendment sold or distributed in this state ~~or~~, with a 
 58.4   minimum of $10 on all tonnage reports.  Products sold or 
 58.5   distributed to manufacturers or exchanged between them are 
 58.6   exempt from the inspection fee imposed by this subdivision if 
 58.7   the products are used exclusively for manufacturing purposes. 
 58.8      Sec. 33.  Minnesota Statutes 1996, section 18C.531, 
 58.9   subdivision 2, is amended to read: 
 58.10     Subd. 2.  [AGRICULTURAL LIMING MATERIALS.] "Agricultural 
 58.11  liming materials" means materials whose calcium or magnesium 
 58.12  compounds, or both, account for an ENP of ~~30~~ 20 percent or more 
 58.13  and includes, but is not limited to, burnt lime, hydrated lime, 
 58.14  industrial by-product, limestone, and marl.  
 58.15     Sec. 34.  Minnesota Statutes 1996, section 18C.551, is 
 58.16  amended to read: 
 58.17     18C.551 [~~LICENSE~~ APPLICATION, SAMPLING, AND INSPECTION 
 58.18  FEES.] 
 58.19     Subdivision 1.  [~~APPLICATION FEE~~ AGRICULTURAL LIMING 
 58.20  MATERIALS LICENSE.] An application for a license must be 
 58.21  accompanied by a nonrefundable ~~license~~ application fee of $150.  
 58.22  This fee ~~shall~~ does not apply to occasional sales of 50 tons or 
 58.23  less on an annual basis.  
 58.24     Subd. 2.  [~~ADDITIONAL~~ FEE ~~AFTER JANUARY 1~~ FOR LATE 
 58.25  APPLICATION.] If an application for license renewal is not filed 
 58.26  before January 1, an additional nonrefundable application fee of 
 58.27  50 percent of the amount due may be assessed before the renewal 
 58.28  license is issued. 
 58.29     Subd. 2a.  [FEE FOR PRODUCT USE WITHOUT INITIAL 
 58.30  LICENSE.] An applicant shall pay an additional application fee 
 58.31  equal to the amount due for each license required if the 
 58.32  applicant has distributed or used products in this state before 
 58.33  the commissioner has issued an initial license for the products 
 58.34  distributed or used. 
 58.35     Subd. 3.  [INSPECTION FEES.] A person shall pay an 
 58.36  inspection fee~~, at the rate~~ of five cents per ton~~, must be paid~~ 
 59.1   to the commissioner for all agricultural liming material offered 
 59.2   for sale or sold in this state with a minimum of $10 on all 
 59.3   tonnage reports.  If more than one person is involved in the 
 59.4   distribution of agricultural liming material, the person who 
 59.5   first sells ~~or imports~~ the agricultural liming material is 
 59.6   responsible for the inspection fee.  A person licensed under 
 59.7   section 18C.541 must retain invoices showing proof of inspection 
 59.8   fees paid.  
 59.9      Subd. 4.  [SAMPLE AND ANALYSIS FEE.] The commissioner may 
 59.10  sample agricultural liming material from a source of production 
 59.11  to the extent the commissioner considers necessary to implement 
 59.12  sections 18C.531 to 18C.575.  The commissioner shall charge a 
 59.13  sampling fee of $40 ~~must be assessed~~ for each sample collected.  
 59.14  If the sample and analysis fee is not paid before 60 days after 
 59.15  billing, the commissioner shall assess an additional 
 59.16  nonrefundable late payment fee of 50 percent of the total sample 
 59.17  and analysis fee due. 
 59.18     Subd. 5.  [DEPOSIT OF FEES.] Fees and penalties collected 
 59.19  under sections 18C.531 to 18C.575 must be deposited in the 
 59.20  general fund.  
 59.21     Sec. 35.  Minnesota Statutes 1996, section 25.31, is 
 59.22  amended to read: 
 59.23     25.31 [CITATION, COMMERCIAL FEED LAW.] 
 59.24     Sections 25.31 to ~~25.44 shall be~~ 25.43 are known and may be 
 59.25  cited as the Minnesota Commercial Feed Law. 
 59.26     Sec. 36.  Minnesota Statutes 1996, section 25.32, is 
 59.27  amended to read: 
 59.28     25.32 [ENFORCING OFFICIAL.] 
 59.29     Sections 25.31 to ~~25.44~~ 25.43 shall be administered by the 
 59.30  commissioner ~~of the department of agriculture, hereinafter~~ 
 59.31  ~~referred to as the "commissioner"~~. 
 59.32     Sec. 37.  Minnesota Statutes 1996, section 25.33, 
 59.33  subdivision 1, is amended to read: 
 59.34     Subdivision 1.  [SCOPE.] When used in sections 25.31 to 
 59.35  ~~25.44~~ 25.43, the terms defined in this section have the meanings 
 59.36  given them. 
 60.1      Sec. 38.  Minnesota Statutes 1996, section 25.33, 
 60.2   subdivision 5, is amended to read: 
 60.3      Subd. 5.  [COMMERCIAL FEED.] "Commercial feed" means ~~all~~ 
 60.4   materials ~~except~~ or combinations of materials that are 
 60.5   distributed or intended to be distributed for use as feed or for 
 60.6   mixing in feed, including feed for aquatic animals, unless the 
 60.7   materials are specifically exempted.  Unmixed ~~seed,~~ whole ~~or~~ 
 60.8   ~~processed, when~~ seeds and physically altered entire unmixed 
 60.9   seeds, if the whole or physically altered seeds are not 
 60.10  chemically changed or are not adulterated within the meaning of 
 60.11  section 25.37, ~~paragraphs~~ paragraph (a), ~~(b), (c), or (d) which~~ 
 60.12  ~~are distributed for use as feed or for mixing in feed, including~~ 
 60.13  ~~feed for aquatic animals~~ are exempt.  The commissioner by rule 
 60.14  may exempt from this definition, or from specific provisions of 
 60.15  sections 25.31 to ~~25.44~~ 25.43, commodities such as hay, straw, 
 60.16  stover, silage, cobs, husks, hulls, and individual chemical 
 60.17  compounds or substances ~~when such~~ if those commodities, 
 60.18  compounds, or substances are not intermixed with other 
 60.19  materials, and are not adulterated within the meaning of section 
 60.20  25.37, ~~paragraphs~~ paragraph (a)~~, (b), (c), or (d)~~. 
 60.21     Sec. 39.  Minnesota Statutes 1996, section 25.33, 
 60.22  subdivision 6, is amended to read: 
 60.23     Subd. 6.  [FEED INGREDIENT.] "Feed ingredient" means each 
 60.24  of the constituent materials making up a commercial feed ~~or pet~~ 
 60.25  ~~food~~.  
 60.26     Sec. 40.  Minnesota Statutes 1996, section 25.33, 
 60.27  subdivision 9, is amended to read: 
 60.28     Subd. 9.  [CUSTOMER FORMULA FEED.] "Customer formula feed" 
 60.29  means commercial feed which consists of a mixture of commercial 
 60.30  feeds or feed ingredients or both, each batch of which is 
 60.31  manufactured according to the specific instructions of the final 
 60.32  purchaser.  
 60.33     Sec. 41.  Minnesota Statutes 1996, section 25.33, 
 60.34  subdivision 20, is amended to read: 
 60.35     Subd. 20.  [PET.] "Pet" means ~~any~~ a domesticated ~~animal~~ dog 
 60.36  or cat normally maintained in or near the household of ~~the~~ its 
 61.1   owner ~~thereof~~.  
 61.2      Sec. 42.  Minnesota Statutes 1996, section 25.33, is 
 61.3   amended by adding a subdivision to read: 
 61.4      Subd. 21.  [COMMISSIONER.] "Commissioner" means the 
 61.5   commissioner of agriculture or a designated representative. 
 61.6      Sec. 43.  Minnesota Statutes 1996, section 25.33, is 
 61.7   amended by adding a subdivision to read:  
 61.8      Subd. 22.  [SPECIALTY PET.] "Specialty pet" means a 
 61.9   domesticated animal normally maintained in a cage or tank, 
 61.10  including, but not limited to, a gerbil, hamster, canary, 
 61.11  psittacine bird, mynah, finch, tropical fish, goldfish, snake, 
 61.12  or turtle.  "Specialty pet" does not include a dog, cat, horse, 
 61.13  rabbit, or wild bird.  
 61.14     Sec. 44.  Minnesota Statutes 1996, section 25.33, is 
 61.15  amended by adding a subdivision to read: 
 61.16     Subd. 23.  [SPECIALTY PET FOOD.] "Specialty pet food" means 
 61.17  commercial feed prepared and distributed for consumption by 
 61.18  specialty pets. 
 61.19     Sec. 45.  Minnesota Statutes 1996, section 25.33, is 
 61.20  amended by adding a subdivision to read:  
 61.21     Subd. 24.  [QUANTITY STATEMENT.] "Quantity statement" means 
 61.22  a statement of the net weight (mass), net volume (liquid or 
 61.23  dry), count, or other form of measurement. 
 61.24     Sec. 46.  [25.341] [LICENSING.] 
 61.25     Subdivision 1.  [REQUIREMENT.] Before a person may:  (1) 
 61.26  manufacture a commercial feed in the state; (2) distribute a 
 61.27  commercial feed in or into the state; or (3) have the person's 
 61.28  name appear on the label of a commercial feed as guarantor, the 
 61.29  person must have a commercial feed license for each 
 61.30  manufacturing or distributing facility.  A person who makes only 
 61.31  retail sales of commercial feed bearing labeling or another 
 61.32  approved indication that the commercial feed is from a licensed 
 61.33  manufacturer, guarantor, or distributor who has assumed full 
 61.34  responsibility for the tonnage inspection fee due under sections 
 61.35  25.31 to 25.43 is not required to obtain a license.  
 61.36     Subd. 2.  [APPLICATION; FEE; TERM.] A person who is 
 62.1   required to have a commercial feed license shall submit an 
 62.2   application on a form provided or approved by the commissioner 
 62.3   accompanied by a license fee of $25 paid to the commissioner for 
 62.4   each facility.  The license year is the calendar year.  A 
 62.5   license expires on December 31 of the year for which it is 
 62.6   issued, except that a license is valid through January 31 of the 
 62.7   next year or until the issuance of the renewal license, 
 62.8   whichever comes first, if the licensee has filed a renewal 
 62.9   application with the commissioner on or before December 31 of 
 62.10  the year for which the current license was issued.  A new 
 62.11  applicant who fails to obtain a license within 15 working days 
 62.12  of notification of the requirement to obtain a license, or a 
 62.13  licensee who fails to comply with license renewal requirements, 
 62.14  shall pay a $50 late fee in addition to the license fee.  The 
 62.15  commissioner may issue a withdrawal from distribution order on 
 62.16  any commercial feed that an unlicensed person produces or 
 62.17  distributes in the state until a license is issued.  
 62.18     Subd. 3.  [COPIES OF LABELS.] The commissioner may request 
 62.19  from a licensee copies of labels and labeling in order to 
 62.20  determine compliance with sections 25.31 to 25.43.  
 62.21     Subd. 4.  [DENIAL; REVOCATION; SUSPENSION; LIMITS.] The 
 62.22  commissioner may deny a license to a person or suspend or revoke 
 62.23  the license of a person who is not in compliance with sections 
 62.24  25.31 to 25.43.  The commissioner may impose conditions that 
 62.25  limit production or distribution of a particular commercial feed 
 62.26  on the license of a person who is not in compliance with 
 62.27  sections 25.31 to 25.43.  A license may not be conditionalized, 
 62.28  suspended, refused, or revoked unless the applicant or licensee 
 62.29  has been given an opportunity to be heard before the 
 62.30  commissioner in order to comply with the requirements of 
 62.31  sections 25.31 to 25.43.  
 62.32     Sec. 47.  Minnesota Statutes 1996, section 25.35, is 
 62.33  amended to read: 
 62.34     25.35 [LABELING.] 
 62.35     ~~A commercial feed shall be labeled as follows:~~ 
 62.36     (a) ~~In case of~~ A commercial feed, except a customer formula 
 63.1   feed, ~~it shall~~ must be accompanied by a label bearing the 
 63.2   following information: 
 63.3      (1) ~~The net weight.~~ 
 63.4      ~~(2)~~ the product name and the brand name, if any, under 
 63.5   which the commercial feed is distributed~~.~~; 
 63.6      ~~(3)~~ (2) the guaranteed analysis, stated in ~~such~~ terms ~~as~~ 
 63.7   the commissioner requires by rule ~~determines is required~~, to 
 63.8   advise the user of the composition of the feed or to support 
 63.9   claims made in the labeling.  ~~In all cases~~ The substances or 
 63.10  elements must be determinable by laboratory methods such as the 
 63.11  methods published by the ~~Association of Official Analytical~~ 
 63.12  ~~Chemists.~~ AOAC International or other generally recognized 
 63.13  methods; 
 63.14     ~~(4)~~ (3) the common or usual name of each ingredient used in 
 63.15  the manufacture of the commercial feed.  The commissioner may by 
 63.16  rule permit the use of a collective term for a group of 
 63.17  ingredients which perform a similar function, or may exempt ~~such~~ 
 63.18  commercial feeds~~,~~ or any group ~~thereof,~~ of commercial feeds from 
 63.19  this requirement ~~of an ingredient statement~~ on finding that ~~such~~ 
 63.20  an ingredient statement is not required in the interest of 
 63.21  consumers~~.~~; 
 63.22     ~~(5)~~ (4) the name and principal mailing address of the 
 63.23  manufacturer or the person responsible for distributing the 
 63.24  commercial feed~~.~~; 
 63.25     ~~(6)~~ (5) adequate directions for use for all commercial 
 63.26  feeds containing drugs and for such other feeds as the 
 63.27  commissioner may require by rule as necessary for their safe and 
 63.28  effective use~~.~~; 
 63.29     ~~(7) Such~~ (6) precautionary statements ~~as~~ which the 
 63.30  commissioner determines by rule ~~determines~~ are necessary for the 
 63.31  safe and effective use of the commercial feed; and 
 63.32     (7) a quantity statement.  
 63.33     (b) ~~In the case of~~ A customer formula feed~~, it shall~~ must 
 63.34  be accompanied by a label, invoice, delivery slip, or other 
 63.35  shipping document~~,~~ bearing the following information: 
 63.36     (1) name and address of the manufacturer~~.~~; 
 64.1      (2) name and address of the purchaser~~.~~; 
 64.2      (3) date of delivery~~.~~; 
 64.3      (4) the product name and ~~brand name, if any, and~~ either 
 64.4   ~~(1)~~ (i) the ~~net weight~~ quantity of each ~~registered~~ commercial 
 64.5   feed ~~used in the mixture,~~ and ~~the net weight of~~ each other 
 64.6   ingredient used in the mixture, or ~~(2)~~ (ii) a guaranteed 
 64.7   analysis and list of ingredients in paragraph ~~(A), (3) and~~ 
 64.8   ~~(4).~~ (a), clauses (2) and (3); 
 64.9      (5) adequate directions for use for all customer formula 
 64.10  feeds containing drugs and for ~~such~~ other feeds ~~as~~ the 
 64.11  commissioner ~~may require~~ requires by rule as necessary for their 
 64.12  safe and effective use~~.~~; 
 64.13     (6) ~~Such~~ precautionary statements ~~as~~ the commissioner 
 64.14  determines by rule ~~determines~~ are necessary for the safe and 
 64.15  effective use of the customer formula feed~~.~~; 
 64.16     (7) if a product containing a drug is used:  
 64.17     (i) the purpose of the medication (claim statement); and 
 64.18     (ii) the established name of each active drug ingredient 
 64.19  and the level of each drug used in the final mixture expressed 
 64.20  in a manner required by the commissioner by rule; and 
 64.21     (8) for a customer formula feed for which the formula is 
 64.22  developed by someone other than the manufacturer, a disclaimer 
 64.23  may be included on the label stating "THIS FEED IS A CUSTOMER 
 64.24  FORMULA FEED DEVELOPED BY SOMEONE OTHER THAN THE MANUFACTURER.  
 64.25  THE MANUFACTURER DOES NOT CLAIM, REPRESENT, WARRANT, OR 
 64.26  GUARANTEE, AND IS NOT RESPONSIBLE FOR THE NUTRITIONAL ADEQUACY 
 64.27  OF THIS FEED OR THE NUTRITIONAL SUITABILITY OF THIS FEED FOR ITS 
 64.28  INTENDED PURPOSE." 
 64.29     (c) The manufacturer of a customer formula feed the formula 
 64.30  of which is developed by someone other than the manufacturer is 
 64.31  not responsible or liable for the nutritional adequacy or the 
 64.32  nutritional suitability of the feed for its intended purpose if: 
 64.33  (1) the manufacturer does not make a claim of nutritional 
 64.34  adequacy for the customer formula feed and does not make a claim 
 64.35  for nutritional suitability of the feed for its intended 
 64.36  purpose; and (2) the manufacturer includes the disclaimer in 
 65.1   paragraph (b), clause (8).  A person other than the manufacturer 
 65.2   who develops or recommends a formula for a customer formula feed 
 65.3   is responsible for providing to the manufacturer of the feed the 
 65.4   appropriate labeling information and for providing the 
 65.5   appropriate use information to the feed manufacturer.  
 65.6      Sec. 48.  Minnesota Statutes 1996, section 25.36, is 
 65.7   amended to read: 
 65.8      25.36 [MISBRANDING.] 
 65.9      A commercial feed ~~shall be deemed to be~~ is misbranded if: 
 65.10     ~~(a) If~~ (1) its labeling is false or misleading in any 
 65.11  particular~~.~~; 
 65.12     ~~(b) If~~ (2) it is distributed under the name of another 
 65.13  commercial feed~~.~~; 
 65.14     ~~(c) If~~ (3) it is not labeled as required in section 25.35~~.~~; 
 65.15     ~~(d) If~~ (4) it purports to be or is represented as a 
 65.16  commercial feed~~,~~ or ~~if~~ it purports to contain or is represented 
 65.17  as containing a commercial feed ingredient unless ~~such~~ that 
 65.18  commercial feed or feed ingredient conforms to the definition, 
 65.19  if any, prescribed by rule by the commissioner~~.~~; 
 65.20     ~~(e) If~~ (5) any word, statement, or other information 
 65.21  required by or under authority of sections 25.31 to ~~25.44~~ 25.43 
 65.22  to appear on the label or labeling is not prominently 
 65.23  placed ~~thereon~~ on it with such conspicuousness as compared with 
 65.24  other words, statements, designs, or devices in the labeling, 
 65.25  and in such terms as to render it likely to be read and 
 65.26  understood by the ordinary individual under customary conditions 
 65.27  of purchase and use; or 
 65.28     (6) its labeling would deceive or mislead the purchaser 
 65.29  with respect to its composition or suitability. 
 65.30     Sec. 49.  Minnesota Statutes 1996, section 25.37, is 
 65.31  amended to read: 
 65.32     25.37 [ADULTERATION.] 
 65.33     (a) A commercial feed ~~shall be deemed to be~~ or a material 
 65.34  exempted from the definition of commercial feed under section 
 65.35  25.33, subdivision 5, is adulterated if: 
 65.36     ~~(a) If~~ (1) it bears or contains ~~any~~ a poisonous or 
 66.1   deleterious substance which may render it injurious to health; 
 66.2   but in case the substance is not an added substance, ~~such~~ the 
 66.3   commercial feed ~~shall~~ is not ~~be~~ considered adulterated ~~under~~ 
 66.4   ~~this section~~ if the quantity of ~~such~~ the substance in ~~such~~ the 
 66.5   commercial feed does not ordinarily render it injurious to 
 66.6   health; ~~or~~ 
 66.7      ~~(b) If~~ (2) it bears or contains ~~any~~ an added poisonous, 
 66.8   ~~added~~ deleterious, or ~~added~~ nonnutritive substance which is 
 66.9   unsafe within the meaning of section 406 of the federal Food, 
 66.10  Drug, and Cosmetic Act, other than the one which is a pesticide 
 66.11  chemical in or on a raw agricultural commodity, or a food 
 66.12  additive; ~~or~~ 
 66.13     ~~(c) If~~ (3) it is~~,~~ unsafe or ~~it~~ bears or contains any food 
 66.14  additive which is unsafe within the meaning of section 409 of 
 66.15  the federal Food, Drug, and Cosmetic Act; ~~or~~ 
 66.16     ~~(d) If~~ (4) it is a raw agricultural commodity and it bears 
 66.17  or contains a pesticide chemical which is unsafe within the 
 66.18  meaning of section 408(a) of the federal Food, Drug, and 
 66.19  Cosmetic Act; provided, that where a pesticide chemical has been 
 66.20  used in or on a raw agricultural commodity in conformity with an 
 66.21  exemption granted or a tolerance prescribed under section 408 of 
 66.22  the federal Food, Drug, and Cosmetic Act and ~~such~~ that raw 
 66.23  agricultural commodity has been subjected to processing such as 
 66.24  canning, cooking, freezing, dehydrating, or milling, the residue 
 66.25  of ~~such~~ the pesticide chemical remaining in or on ~~such~~ the 
 66.26  processed feed ~~shall~~ is not ~~be deemed~~ unsafe if ~~such~~ the 
 66.27  residue in or on the raw agricultural commodity has been removed 
 66.28  to the extent possible in good manufacturing practice and the 
 66.29  concentration of ~~such~~ the residue in the processed feed is not 
 66.30  greater than the tolerance prescribed for the raw agricultural 
 66.31  commodity unless the feeding of ~~such~~ the processed feed will 
 66.32  result or is likely to result in a pesticide residue in the 
 66.33  edible product of the animal, which is unsafe within the meaning 
 66.34  of section 408(a) of the federal Food, Drug, and Cosmetic 
 66.35  Act; ~~or~~ 
 66.36     ~~(e) If~~ (5) it is, or it bears or contains any color 
 67.1   additive which is unsafe within the meaning of section 706 of 
 67.2   the federal Food, Drug, and Cosmetic Act; ~~or~~ 
 67.3      (6) it is, or it bears or contains, any new animal drug 
 67.4   which is unsafe within the meaning of section 512 of the federal 
 67.5   Food, Drug, and Cosmetic Act; 
 67.6      (7) it consists, in whole or in part, of any filthy, 
 67.7   putrid, or decomposed substance, or is otherwise unfit for feed; 
 67.8      (8) it has been prepared, packed, or held under unsanitary 
 67.9   conditions whereby it may have become contaminated with filth or 
 67.10  may have been rendered injurious to health; 
 67.11     (9) it is, in whole or in part, the product of a diseased 
 67.12  animal or of an animal which has died otherwise than by 
 67.13  slaughter which is unsafe within the meaning of section 
 67.14  402(a)(1) or (2) of the federal Food, Drug, and Cosmetic Act; 
 67.15     (10) its container is composed, in whole or in part, of any 
 67.16  poisonous or deleterious substance which may render the contents 
 67.17  injurious to health; or 
 67.18     (11) it has been intentionally subjected to radiation, 
 67.19  unless the use of the radiation was in conformity with a 
 67.20  regulation or exemption in effect under section 409 of the 
 67.21  federal Food, Drug, and Cosmetic Act.  
 67.22     (b) A commercial feed is adulterated if: 
 67.23     ~~(f) If~~ (1) any valuable constituent has been in whole or in 
 67.24  part omitted or abstracted ~~therefrom~~ from it or any less 
 67.25  valuable substance substituted ~~therefor~~ for a constituent; ~~or~~ 
 67.26     ~~(g) If~~ (2) its composition or quality falls below or 
 67.27  differs from that which it is purported or is represented to 
 67.28  possess by its labeling; ~~or~~ 
 67.29     ~~(h) If~~ (3) it contains a drug and the methods used in or 
 67.30  the facilities or controls used for its manufacture, processing, 
 67.31  or packaging do not conform to current good manufacturing 
 67.32  practice rules promulgated by the commissioner to assure that 
 67.33  the drug meets the ~~requirement~~ safety requirements of sections 
 67.34  25.31 to ~~25.44 as to safety~~ 25.43 and has the identity and 
 67.35  strength and meets the quality and purity characteristics which 
 67.36  it purports or is represented to possess.  In ~~promulgating such~~ 
 68.1   adopting rules under this clause, the commissioner shall adopt 
 68.2   the current good manufacturing practice rules for medicated feed 
 68.3   premixes and for medicated feeds established under authority of 
 68.4   the federal Food, Drug, and Cosmetic Act, unless the 
 68.5   commissioner determines that they are not appropriate to the 
 68.6   conditions which exist in this state; or 
 68.7      ~~(i) If~~ (4) it contains viable weed seeds in amounts 
 68.8   exceeding ~~the~~ limits ~~which~~ established by the commissioner ~~shall~~ 
 68.9   ~~establish~~ by rule. 
 68.10     Sec. 50.  Minnesota Statutes 1996, section 25.38, is 
 68.11  amended to read: 
 68.12     25.38 [PROHIBITED ACTS.] 
 68.13     The following acts and ~~the~~ causing ~~thereof within the state~~ 
 68.14  ~~of~~ the following acts in Minnesota are prohibited: 
 68.15     ~~(a) The~~ (1) manufacture or distribution of any commercial 
 68.16  feed that is adulterated or misbranded~~.~~; 
 68.17     ~~(b) The~~ (2) adulteration or misbranding of any commercial 
 68.18  feed~~.~~; 
 68.19     ~~(c) The~~ (3) distribution of agricultural commodities such 
 68.20  as whole seed, hay, straw, stover, silage, cobs, husks, and 
 68.21  hulls, which are adulterated within the meaning of section 
 68.22  25.37, paragraph (a)~~, (b), (c), and (d).~~; 
 68.23     ~~(d) The~~ (4) removal or disposal of a commercial feed in 
 68.24  violation of an order under section 25.42~~.~~; 
 68.25     ~~(e) The~~ (5) failure or refusal to ~~register in accordance~~ 
 68.26  ~~with~~ obtain a commercial feed license under section 
 68.27  ~~25.34.~~ 25.341 or to provide a small package listing under 
 68.28  section 25.39; or 
 68.29     ~~(f)~~ (6) failure to pay inspection fees or file reports as 
 68.30  required by section 25.39.  
 68.31     Sec. 51.  Minnesota Statutes 1996, section 25.39, is 
 68.32  amended to read: 
 68.33     25.39 [INSPECTION FEES AND REPORTS.] 
 68.34     Subdivision 1.  [AMOUNT OF FEE.] (a) An inspection fee at 
 68.35  the rate of 16 cents per ton ~~shall~~ must be paid to the 
 68.36  commissioner on commercial feeds distributed in this state by 
 69.1   the person who first distributes the commercial feed ~~to the~~ 
 69.2   ~~consumer, subject to the following~~, except that no fee needs to 
 69.3   be paid on: 
 69.4      ~~(a) No fee shall be paid on~~ (1) a commercial feed if the 
 69.5   payment has been made by a previous distributor~~.~~; 
 69.6      ~~(b) No fee shall be paid on~~ (2) customer formula feeds if 
 69.7   the inspection fee is paid on the commercial feeds which are 
 69.8   used as ingredients ~~therein.~~; or 
 69.9      ~~(c) No fee shall be paid on~~ (3) commercial feeds ~~which are~~ 
 69.10  used as ingredients for the manufacture of commercial 
 69.11  feeds ~~which are registered~~ if the fee has been paid by a 
 69.12  previous distributor.  If the fee has already been paid, 
 69.13  credit ~~shall~~ must be given for ~~such~~ that payment.  A Minnesota 
 69.14  feed distributor who distributes commercial feed to purchasers 
 69.15  outside the state may purchase commercial feeds, without payment 
 69.16  by any person of the inspection fee required on ~~such~~ those 
 69.17  purchases, under a permit issued by the commissioner.  Such 
 69.18  permits shall only be issued to commercial feed distributors who 
 69.19  comply with ~~such~~ rules ~~as may be required~~ adopted by the 
 69.20  commissioner relative to recordkeeping, tonnage of commercial 
 69.21  feed distributed in Minnesota, total of all commercial feed 
 69.22  tonnage distributed, and all other information which the 
 69.23  commissioner may require so as to ~~insure~~ ensure that proper 
 69.24  inspection fee payment has been made.  
 69.25     ~~(d)~~ (b) In the case of ~~a commercial feed which is~~ pet food 
 69.26  distributed in the state only in packages of ten pounds or less, 
 69.27  a listing of each product and a current label for each product 
 69.28  must be submitted annually on forms provided by the commissioner 
 69.29  and accompanied by an annual fee of $50 ~~shall be paid~~ for each 
 69.30  product in lieu of the inspection fee ~~specified above~~.  This 
 69.31  annual fee is due by July 1.  The inspection fee required by 
 69.32  paragraph (a) applies to pet food distributed in packages 
 69.33  exceeding ten pounds. 
 69.34     (c) In the case of specialty pet food distributed in the 
 69.35  state only in packages of ten pounds or less, a listing of each 
 69.36  product and a current label for each product must be submitted 
 70.1   annually on forms provided by the commissioner and accompanied 
 70.2   by an annual fee of $25 for each product in lieu of the 
 70.3   inspection fee.  This annual fee is due by July 1.  The 
 70.4   inspection fee required by paragraph (a) applies to specialty 
 70.5   pet food distributed in packages exceeding ten pounds.  
 70.6      (d) The minimum inspection fee is $10 per annual reporting 
 70.7   period. 
 70.8      Subd. 1a.  [CONTAINERS OF TEN POUNDS OR LESS.] A 
 70.9   distributor who is subject to the annual fee specified in 
 70.10  subdivision 1, paragraph (b) or (c), shall do the following:  
 70.11     (1) before beginning distribution, file with the 
 70.12  commissioner a listing of pet and specialty pet foods to be 
 70.13  distributed in the state only in containers of ten pounds or 
 70.14  less, on forms provided by the commissioner.  The listing under 
 70.15  this clause must be renewed annually before July 1 and is the 
 70.16  basis for the payment of the annual fee.  New products added 
 70.17  during the year must be submitted to the commissioner as a 
 70.18  supplement to the annual listing before distribution; and 
 70.19     (2) if the annual renewal of the listing is not received 
 70.20  before July 1 or if an unlisted product is distributed, pay a 
 70.21  late filing fee of $10 per product in addition to the normal 
 70.22  charge for the listing.  The late filing fee under this clause 
 70.23  is in addition to any other penalty under this chapter.  
 70.24     Subd. 2.  [~~SEMIANNUAL~~ ANNUAL STATEMENT.] ~~Each~~ A person who 
 70.25  is liable for the payment of ~~such~~ a fee under this section shall 
 70.26  file with the commissioner on forms furnished by the 
 70.27  commissioner~~, a semiannual~~ an annual statement ~~for the periods~~ 
 70.28  ~~ending December 31 and June 30~~ setting forth the number of net 
 70.29  tons of commercial feeds distributed in this state during ~~such~~ 
 70.30  ~~reporting period~~ the calendar year.  The report ~~shall be~~ is 
 70.31  due ~~on or before~~ by the ~~30th~~ 31st of ~~the month following the~~ 
 70.32  ~~close of each reporting period of each calendar year~~ each 
 70.33  January.  The inspection fee at the rate specified in 
 70.34  subdivision 1~~, shall~~ must accompany the statement.  For each 
 70.35  tonnage report not filed or payment of inspection fees not 
 70.36  made ~~within 30 days after the end of a reporting period~~ on time, 
 71.1   a penalty of ~~10~~ ten percent of the amount due, with a minimum 
 71.2   penalty of $10, ~~shall~~ must be assessed against the registrant, 
 71.3   and the amount of fees due, plus penalty~~, shall constitute~~ is a 
 71.4   debt and may be recovered in a civil action against the 
 71.5   registrant.  The assessment of this penalty ~~shall~~ does not 
 71.6   prevent the department from taking other actions as provided in 
 71.7   this chapter.  
 71.8      Subd. 3.  [RECORDS.] Each ~~distributor~~ person required to 
 71.9   pay an inspection fee or to report in accordance with this 
 71.10  section shall keep ~~such~~ records ~~as may be~~ that are necessary or 
 71.11  required by the commissioner to indicate accurately the tonnage 
 71.12  of commercial feed distributed in this state, and the 
 71.13  commissioner ~~shall have the right to~~ may examine ~~such~~ those 
 71.14  records to verify statements of tonnage.  Failure to make an 
 71.15  accurate statement of tonnage or to pay the inspection fee or 
 71.16  comply ~~as provided herein shall constitute~~ with this section is 
 71.17  sufficient cause for the cancellation of ~~all registrations on~~ 
 71.18  ~~file for~~ the commercial feed license of the distributor.  
 71.19     Subd. 4.  [COMMERCIAL FEED INSPECTION ACCOUNT.] A 
 71.20  commercial feed inspection account is established in the state 
 71.21  treasury.  Fees and penalties collected under sections 25.35 to 
 71.22  ~~25.44~~ 25.43 and interest attributable to money in the account 
 71.23  must be deposited in the state treasury and credited to the 
 71.24  commercial feed inspection account.  
 71.25     Sec. 52.  Minnesota Statutes 1996, section 25.41, 
 71.26  subdivision 6, is amended to read: 
 71.27     Subd. 6.  [METHODS.] Sampling and analysis ~~shall~~ must be 
 71.28  conducted in accordance with methods published by 
 71.29  the ~~Association of Official Analytical Chemists,~~ AOAC 
 71.30  International or ~~in accordance with~~ other generally recognized 
 71.31  methods.  
 71.32     Sec. 53.  Minnesota Statutes 1996, section 28A.08, 
 71.33  subdivision 3, is amended to read: 
 71.34     Subd. 3.  [FEES EFFECTIVE JULY 1, 1996.] 
 71.35                                                    Penalties 
 71.36  Type of food handler                    License  Late     No
 72.1                                           Fee      Renewal  License
 72.2                                           Effective
 72.3                                           July 1, 1996
 72.4   1.   Retail food handler
 72.5        (a) Having gross sales of only
 72.6        prepackaged nonperishable food
 72.7        of less than $15,000 for 
 72.8        the immediately previous 
 72.9        license or fiscal year and 
 72.10       filing a statement with the 
 72.11       commissioner                       $ 45     $ 15     $ 25
 72.12       (b) Having under $15,000 gross
 72.13       sales including food preparation 
 72.14       or having $15,000 to $50,000 
 72.15       gross sales for the immediately 
 72.16       previous license or fiscal year    $ 61     $ 15     $ 25
 72.17       (c) Having $50,000 to $250,000 
 72.18       gross sales for the immediately  
 72.19       previous license or fiscal year    $118     $ 35     $ 75
 72.20       (d) Having $250,000 to 
 72.21       $1,000,000 gross sales for the 
 72.22       immediately previous license or 
 72.23       fiscal year                        $202     $ 50     $100
 72.24       (e) Having $1,000,000 to 
 72.25       $5,000,000 gross sales for the 
 72.26       immediately previous license or 
 72.27       fiscal year                        $562     $100     $175
 72.28       (f) Having $5,000,000 to
 72.29       $10,000,000 gross sales for the
 72.30       immediately previous license or
 72.31       fiscal year                        $787     $150     $300
 72.32       (g) Having over $10,000,000
 72.33       gross sales for the immediately
 72.34       previous license or fiscal year    $899     $200     $350
 72.35  2.   Wholesale food handler
 72.36       (a) Having gross sales or
 73.1        service of less than $25,000
 73.2        for the immediately previous 
 73.3        license or fiscal year             $ 50     $ 15     $ 15
 73.4        (b) Having $25,000 to
 73.5        $250,000 gross sales or
 73.6        service for the immediately 
 73.7        previous license or fiscal year    $225     $ 50     $100
 73.8        (c) Having $250,000 to 
 73.9        $1,000,000 gross sales or
 73.10       service from a mobile unit
 73.11       without a separate food facility
 73.12       for the immediately previous
 73.13       license or fiscal year             $337     $ 75     $150
 73.14       (d) Having $250,000 to 
 73.15       $1,000,000 gross sales or
 73.16       service not covered under 
 73.17       paragraph (c) for the immediately 
 73.18       previous license or fiscal year    $449     $100     $200
 73.19       (e) Having $1,000,000 to
 73.20       $5,000,000 gross sales or 
 73.21       service for the immediately 
 73.22       previous license or fiscal year    $562     $125     $250
 73.23       (f) Having over $5,000,000 gross
 73.24       sales for the immediately 
 73.25       previous license or fiscal year    $647     $150     $300
 73.26  3.   Food broker                        $112     $ 30     $ 50
 73.27  4.   Wholesale food processor
 73.28       or manufacturer 
 73.29       (a) Having gross sales of less 
 73.30       than ~~$250,000~~ $125,000 for the 
 73.31       immediately previous license 
 73.32       or fiscal year                     ~~$310~~     ~~$ 75~~     ~~$150~~ 
 73.33                                          $150     $ 50     $100 
 73.34       (b) Having ~~$250,000~~ $125,000 
 73.35       to ~~$1,000,000~~ $250,000 gross 
 73.36       sales for the immediately 
 74.1        previous license or fiscal year    ~~$449~~     ~~$100~~     ~~$200~~ 
 74.2                                           $310     $ 75     $150 
 74.3        (c) Having ~~$1,000,000~~ $250,001 
 74.4        to ~~$5,000,000~~ $1,000,000 gross 
 74.5        sales for the immediately 
 74.6        previous license or fiscal year    ~~$562~~     ~~$125~~     ~~$250~~ 
 74.7                                           $449     $100     $200 
 74.8        (d) Having ~~over~~ $1,000,001 
 74.9        to $5,000,000 gross sales 
 74.10       for the immediately previous  
 74.11       license or fiscal year             ~~$647~~     ~~$150~~     ~~$300~~ 
 74.12                                          $562     $125     $250 
 74.13       (e) Having $5,000,001 to 
 74.14       $10,000,000 gross sales for 
 74.15       the immediately previous 
 74.16       license or fiscal year             $647     $150     $300 
 74.17       (f) Having over $10,000,000 
 74.18       gross sales for the immediately 
 74.19       previous license or fiscal year    $900     $200     $350 
 74.20  5.   Wholesale food processor of
 74.21       meat or poultry products
 74.22       under supervision of the
 74.23       U. S. Department of Agriculture 
 74.24       (a) Having gross sales of less 
 74.25       than ~~$250,000~~ $125,000 for the 
 74.26       immediately previous license 
 74.27       or fiscal year                     ~~$169~~     ~~$ 50~~     ~~$ 75~~
 74.28                                          $100     $ 25     $ 50
 74.29       (b) Having ~~$250,000~~ $125,000 
 74.30       to ~~$1,000,000~~ $250,000 gross 
 74.31       sales for the immediately 
 74.32       previous license or fiscal year    ~~$253~~     ~~$ 75~~     ~~$125~~
 74.33                                          $169     $ 50     $ 75
 74.34       (c) Having ~~$1,000,000~~ $250,001 
 74.35       to ~~$5,000,000~~ $1,000,000 gross 
 74.36       sales for the immediately 
 75.1        previous license or fiscal year    ~~$310~~     $ 75     ~~$150~~
 75.2                                           $253              $125
 75.3        (d) Having ~~over~~ $1,000,001 
 75.4        to $5,000,000 gross sales 
 75.5        for the immediately previous 
 75.6        license or fiscal year             ~~$366~~     ~~$100~~     ~~$175~~
 75.7                                           $310     $ 75     $150
 75.8        (e) Having $5,000,001 to 
 75.9        $10,000,000 gross sales for 
 75.10       the immediately previous 
 75.11       license or fiscal year             $366     $100     $175 
 75.12       (f) Having over $10,000,000 
 75.13       gross sales for the immediately 
 75.14       previous license or fiscal year    $500     $150     $250 
 75.15  6.   Wholesale food manufacturer
 75.16       having the permission of the
 75.17       commissioner to use the name
 75.18       Minnesota Farmstead cheese         $ 30     $ 10     $ 15
 75.19  7.   Nonresident frozen dairy 
 75.20       manufacturer                       $200     $ 50     $ 75
 75.21  8.   Wholesale food manufacturer
 75.22       processing less than ~~70,000~~ 700,000
 75.23       pounds per year of ~~cultured~~ 
 75.24       ~~dairy food as defined in~~ 
 75.25       ~~section 32.486, subdivision 1,~~
 75.26       ~~paragraph (b)~~ raw milk             $ 30     $ 10     $ 15
 75.27  9.   A milk marketing organization
 75.28       without facilities for 
 75.29       processing or manufacturing 
 75.30       that purchases milk from milk
 75.31       producers for delivery to a
 75.32       licensed wholesale food 
 75.33       processor or manufacturer          $ 50     $ 15     $ 25
 75.34     Sec. 54.  Minnesota Statutes 1996, section 32.103, is 
 75.35  amended to read: 
 75.36     32.103 [INSPECTION OF DAIRIES.] 
 76.1      (a) At times the commissioner determines proper, the 
 76.2   commissioner shall cause to be inspected all places where dairy 
 76.3   products are made, stored, or served as food for pay, and all 
 76.4   places where cows are kept by persons engaged in the sale of 
 76.5   milk, and shall require the correction of all insanitary 
 76.6   conditions and practices found.  During routine inspections or 
 76.7   as necessary, the commissioner shall inspect for: 
 76.8      (1) evidence of use of rBGH in violation of section 32.75, 
 76.9   by producers providing affidavits of nontreatment under that 
 76.10  section; and 
 76.11     (2) mercury manometers in violation of section 116.92. 
 76.12     (b) A refusal or physical threat that prevents the 
 76.13  completion of an inspection or neglect to obey a lawful 
 76.14  direction of the commissioner or the commissioner's agent given 
 76.15  while carrying out this section may result in the suspension of 
 76.16  the offender's permit or certification.  The offender is 
 76.17  required to meet with a representative of the offender's plant 
 76.18  or marketing organization and a representative of the 
 76.19  commissioner within 48 hours excluding holidays or weekends or 
 76.20  the suspension will take effect.  A producer may request a 
 76.21  hearing before the commissioner or the commissioner's agent if a 
 76.22  serious concern exists relative to the retention of the 
 76.23  offender's permit or certification to sell milk. 
 76.24     Sec. 55.  Minnesota Statutes 1996, section 32.394, 
 76.25  subdivision 8, is amended to read: 
 76.26     Subd. 8.  [GRADE A INSPECTION FEES.] A processor or 
 76.27  marketing organization of milk, milk products, sheep milk, or 
 76.28  goat milk who wishes to market Grade A milk or use the Grade A 
 76.29  label must apply for Grade A inspection service from the 
 76.30  commissioner.  A pasteurization plant requesting Grade A 
 76.31  inspection service must hold a Grade A permit and pay an annual 
 76.32  inspection fee of no more than $500 which includes the 
 76.33  inspection of one pasteurization unit.  For each additional unit 
 76.34  the annual fee is $140.  For Grade A farm inspection service~~,~~ 
 76.35  the fee ~~must be no more than $50 per farm,~~ paid annually by the 
 76.36  processor or by the marketing organization on behalf of its 
 77.1   patrons must be according to the following schedule of herd 
 77.2   size:  1-29 cows $50, 30-49 cows $60, 50-99 cows $70, 100-199 
 77.3   cows $80, and 200 or more cows $90.  For a farm requiring a 
 77.4   reinspection in addition to the required biannual inspections, 
 77.5   an additional fee of no more than ~~$25~~ $45 per reinspection must 
 77.6   be paid by the processor or by the marketing organization on 
 77.7   behalf of its patrons.  ~~The Grade A farm inspection fee must not~~ 
 77.8   ~~exceed the lesser of (1) 40 percent of the department's actual~~ 
 77.9   ~~average cost per farm inspection or reinspection; or (2) the~~ 
 77.10  ~~dollar limits set in this subdivision.  No fee increase may be~~ 
 77.11  ~~implemented until after the commissioner has held three or more~~ 
 77.12  ~~public hearings.~~  
 77.13     Sec. 56.  Minnesota Statutes 1996, section 32.394, 
 77.14  subdivision 8a, is amended to read: 
 77.15     Subd. 8a.  [LABORATORY CERTIFICATION.] A laboratory, before 
 77.16  conducting a test the results of which are to be used in the 
 77.17  enforcement of requirements for distribution of milk, milk 
 77.18  products, sheep milk, or goat milk under the Grade A label, must 
 77.19  be certified as meeting the requirements for laboratory approval 
 77.20  that are established by rule of the commissioner, and must 
 77.21  receive a permit from the commissioner.  The annual permit shall 
 77.22  remain valid ~~without renewal~~ unless suspended or revoked by the 
 77.23  commissioner for failure to comply with the requirements.  
 77.24  Satisfactory analytical procedures and results for split 
 77.25  samples, the nature, number and frequency of which shall be in 
 77.26  accordance with rules established by the commissioner, shall be 
 77.27  required of a certified laboratory for retention of its 
 77.28  certification and permit. 
 77.29     ~~An application for initial~~ The annual fee for laboratory 
 77.30  certification or for recertification following suspension or 
 77.31  revocation of a permit shall be ~~accompanied by a~~ based on the 
 77.32  number of criteria the laboratory is certified to perform.  The 
 77.33  annual fee ~~of~~ for each criterion must be not less than 
 77.34  ~~$100~~ $80 nor more than ~~$350~~ $120.  The fee for each set of split 
 77.35  samples ~~shall~~ must be not less than $25 nor more than ~~$75~~ $125.  
 77.36  The commissioner may annually adjust assessments within the 
 78.1   limits established by this subdivision to meet the cost of the 
 78.2   services required by this subdivision. 
 78.3      ~~A certified laboratory of record on June 5, 1975 shall be~~ 
 78.4   ~~issued a permit without having to pay the initial certification~~ 
 78.5   ~~fee.~~ 
 78.6      Sec. 57.  Minnesota Statutes 1996, section 32.394, 
 78.7   subdivision 8b, is amended to read: 
 78.8      Subd. 8b.  [MANUFACTURING GRADE FARM CERTIFICATION.] A 
 78.9   processor or marketing organization of milk, milk products, 
 78.10  sheep milk, or goat milk who wishes to market other than Grade A 
 78.11  milk must apply for a manufacturing grade farm certification 
 78.12  inspection from the commissioner.  A manufacturing plant that 
 78.13  pasteurizes milk or milk by-products must pay an annual fee 
 78.14  ~~based on the number of pasteurization units.  This fee must not~~ 
 78.15  ~~exceed $140 per unit~~ of not more than $250 which includes the 
 78.16  inspection of one pasteurization unit.  For each additional unit 
 78.17  the annual fee is $140.  The fee for farm certification 
 78.18  inspection must ~~not be more than $25 per farm~~ be according to 
 78.19  the following schedule of herd size:  1-29 cows $25, 30-49 cows 
 78.20  $30, 50-99 cows $35, 100-199 cows $40, 200 or more cows $45.  
 78.21  These fees are to be paid annually by the processor or by the 
 78.22  marketing organization on behalf of its patrons.  For a farm 
 78.23  requiring more than the one inspection for certification, a 
 78.24  reinspection fee of no more than ~~$25~~ $45 must be paid by the 
 78.25  processor or by the marketing organization on behalf of its 
 78.26  patrons.  ~~The fee must be set by the commissioner in an amount~~ 
 78.27  ~~necessary to cover 40 percent of the department's actual cost of~~ 
 78.28  ~~providing the annual inspection but must not exceed the limits~~ 
 78.29  ~~in this subdivision.  No fee increase may be implemented until~~ 
 78.30  ~~after the commissioner has held three or more public hearings.~~  
 78.31     Sec. 58.  Minnesota Statutes 1996, section 32.394, 
 78.32  subdivision 8d, is amended to read: 
 78.33     Subd. 8d.  [PROCESSOR ASSESSMENT.] (a) A manufacturer shall 
 78.34  pay to the commissioner a fee for fluid milk processed ~~and~~, milk 
 78.35  used in the manufacture of fluid milk products, frozen dairy 
 78.36  desserts, and mix sold for retail sale in Minnesota.  ~~Beginning~~ 
 79.1   ~~May 1, 1993,~~ The fee for fluid milk and milk products is not 
 79.2   less than six cents per hundredweight and not more than nine 
 79.3   cents per hundredweight.  The fee for frozen dairy desserts and 
 79.4   mix is not less than three-tenths of one cent per gallon or more 
 79.5   than one cent per gallon.  If the commissioner determines that a 
 79.6   different fee, ~~not less than five cents and not more than nine~~ 
 79.7   ~~cents per hundredweight,~~ when combined with general fund 
 79.8   appropriations and fees charged under sections 31.39 and 32.394, 
 79.9   subdivision 8, is needed to provide adequate funding for the 
 79.10  Grades A and B inspection programs and the administration and 
 79.11  enforcement of ~~Laws 1993, chapter 65~~ sections 32.70 to 32.74, 
 79.12  the commissioner may, by rule, change the fee on processors 
 79.13  within the range provided within this subdivision. 
 79.14     (b) Processors must report quantities of milk processed 
 79.15  under paragraph (a) on forms provided by the commissioner.  
 79.16  Processor fees must be paid monthly.  The commissioner may 
 79.17  require the production of records as necessary to determine 
 79.18  compliance with this subdivision. 
 79.19     (c) The commissioner may create within the department a 
 79.20  dairy consulting program to provide assistance to dairy 
 79.21  producers who are experiencing problems meeting the sanitation 
 79.22  and quality requirements of the dairy laws and rules. 
 79.23     The commissioner may use money appropriated from the dairy 
 79.24  services account created in subdivision 9 to pay for the program 
 79.25  authorized in this paragraph. 
 79.26     Sec. 59.  Minnesota Statutes 1996, section 35.71, 
 79.27  subdivision 5, is amended to read: 
 79.28     Subd. 5.  [ANNUAL LICENSE FEE.] Each licensed institution 
 79.29  must pay to the board a license fee of ~~$50~~ $100 for each 
 79.30  calendar year or part of a calendar year.  License fees must be 
 79.31  deposited in the general fund of the state treasury. 
 79.32     Sec. 60.  Minnesota Statutes 1996, section 35.824, is 
 79.33  amended to read: 
 79.34     35.824 [APPLICATION FOR REGISTRATION; PENALTIES, DUPLICATE 
 79.35  BRANDS.] 
 79.36     The board shall prepare standard forms and supply the forms 
 80.1   for distribution to those who desire to apply for a brand.  The 
 80.2   application must show a left and right side view of the animals 
 80.3   upon which a mark or brand will be eligible for registry.  The 
 80.4   mark or brand location must be designated to the following body 
 80.5   regions:  head, bregma, right and left jaw, neck, shoulder, rib, 
 80.6   hip, and breech.  The applicant must select at least three 
 80.7   distinct marks or brands listed in preferred order, and three 
 80.8   locations on the animal listed in preferred order.  The 
 80.9   application must be properly signed and notarized and 
 80.10  accompanied by a fee of ~~$10~~ $25.  The mark or brand, if approved 
 80.11  and accepted by the board, is valid during the ten-year period 
 80.12  in which it is recorded.  A person who knowingly places on an 
 80.13  animal a mark or brand which has not been registered with the 
 80.14  board and which is in duplication of a mark or brand that is 
 80.15  registered with the board is guilty of a felony.  "Duplication"  
 80.16  means the use of a similar mark or brand, used in any position 
 80.17  on the animal designated for the use of a registered mark or 
 80.18  brand, such as the head, bregma, jaw, neck, shoulder, rib, hip, 
 80.19  or breech.  A person who alters or defaces a brand or mark on 
 80.20  any animal to prevent its identification by its owner is guilty 
 80.21  of a felony.  
 80.22     Sec. 61.  Minnesota Statutes 1996, section 41A.09, 
 80.23  subdivision 3a, is amended to read: 
 80.24     Subd. 3a.  [PAYMENTS.] (a) The commissioner of agriculture 
 80.25  shall make cash payments to producers of ethanol, anhydrous 
 80.26  alcohol, and wet alcohol located in the state.  These payments 
 80.27  shall apply only to ethanol, anhydrous alcohol, and wet alcohol 
 80.28  fermented in the state and produced at plants that have begun 
 80.29  production by June 30, 2000.  For the purpose of this 
 80.30  subdivision, an entity that holds a controlling interest in more 
 80.31  than one ethanol plant is considered a single producer.  The 
 80.32  amount of the payment for each producer's annual production is: 
 80.33     (1) except as provided in paragraph (b), for each gallon of 
 80.34  ethanol or anhydrous alcohol produced on or before June 30, 
 80.35  2000, or ten years after the start of production, whichever is 
 80.36  later, 20 cents per gallon; and 
 81.1      (2) for each gallon produced of wet alcohol on or before 
 81.2   June 30, 2000, or ten years after the start of production, 
 81.3   whichever is later, a payment in cents per gallon calculated by 
 81.4   the formula "alcohol purity in percent divided by five," and 
 81.5   rounded to the nearest cent per gallon, but not less than 11 
 81.6   cents per gallon. 
 81.7      The producer payments for anhydrous alcohol and wet alcohol 
 81.8   under this section may be paid to either the original producer 
 81.9   of anhydrous alcohol or wet alcohol or the secondary processor, 
 81.10  at the option of the original producer, but not to both. 
 81.11     (b) If the level of production at an ethanol plant 
 81.12  increases due to an increase in the production capacity of the 
 81.13  plant and the increased production begins by June 30, 2000, the 
 81.14  payment under paragraph (a), clause (1), applies to the 
 81.15  additional increment of production until ten years after the 
 81.16  increased production began.  Once a plant's production capacity 
 81.17  reaches 15,000,000 gallons per year, no additional increment 
 81.18  will qualify for the payment. 
 81.19     (c) The commissioner shall make payments to producers of 
 81.20  ethanol or wet alcohol in the amount of 1.5 cents for each 
 81.21  kilowatt hour of electricity generated using closed-loop biomass 
 81.22  in a cogeneration facility at an ethanol plant located in the 
 81.23  state.  Payments under this paragraph shall be made only for 
 81.24  electricity generated at cogeneration facilities that begin 
 81.25  operation by June 30, 2000.  The payments apply to electricity 
 81.26  generated on or before the date ten years after the producer 
 81.27  first qualifies for payment under this paragraph.  Total 
 81.28  payments under this paragraph in any fiscal year may not exceed 
 81.29  $750,000.  For the purposes of this paragraph: 
 81.30     (1) "closed-loop biomass" means any organic material from a 
 81.31  plant that is planted for the purpose of being used to generate 
 81.32  electricity or for multiple purposes that include being used to 
 81.33  generate electricity; and 
 81.34     (2) "cogeneration" means the combined generation of: 
 81.35     (i) electrical or mechanical power; and 
 81.36     (ii) steam or forms of useful energy, such as heat, that 
 82.1   are used for industrial, commercial, heating, or cooling 
 82.2   purposes. 
 82.3      (d) The total payments under paragraphs (a) and (b) to all 
 82.4   producers may not exceed ~~$30,000,000~~ $34,000,000 in a fiscal 
 82.5   year.  Total payments under paragraphs (a) and (b) to a producer 
 82.6   in a fiscal year may not exceed $3,000,000. 
 82.7      (e) By the last day of October, January, April, and July, 
 82.8   each producer shall file a claim for payment for ethanol, 
 82.9   anhydrous alcohol, and wet alcohol production during the 
 82.10  preceding three calendar months.  A producer with more than one 
 82.11  plant shall file a separate claim for each plant.  A producer 
 82.12  shall file a separate claim for the original production capacity 
 82.13  of each plant and for each additional increment of production 
 82.14  that qualifies under paragraph (b).  A producer that files a 
 82.15  claim under this subdivision shall include a statement of the 
 82.16  producer's total ethanol, anhydrous alcohol, and wet alcohol 
 82.17  production in Minnesota during the quarter covered by the claim, 
 82.18  including anhydrous alcohol and wet alcohol produced or received 
 82.19  from an outside source.  A producer shall file a separate claim 
 82.20  for any amount claimed under paragraph (c).  For each claim and 
 82.21  statement of total ethanol, anhydrous alcohol, and wet alcohol 
 82.22  production filed under this subdivision, the volume of ethanol, 
 82.23  anhydrous alcohol, and wet alcohol production or amounts of 
 82.24  electricity generated using closed-loop biomass must be examined 
 82.25  by an independent certified public accountant in accordance with 
 82.26  standards established by the American Institute of Certified 
 82.27  Public Accountants. 
 82.28     (f) Payments shall be made November 15, February 15, May 
 82.29  15, and August 15.  A separate payment shall be made for each 
 82.30  claim filed.  The total quarterly payment to a producer under 
 82.31  this paragraph, excluding amounts paid under paragraph (c), may 
 82.32  not exceed $750,000.  If the total amount for which all 
 82.33  producers are eligible in a quarter under paragraphs (a) and (b) 
 82.34  exceeds ~~$7,500,000~~ $8,500,000, the commissioner shall make 
 82.35  payments in the order in which the portion of production 
 82.36  capacity covered by each claim went into production.  If the 
 83.1   total amount of ethanol or wet alcohol production reported for a 
 83.2   quarter under paragraph (e) equals or exceeds 55,000,000 gallons:
 83.3      (1) payments under this subdivision do not apply to the 
 83.4   amount produced in excess of 55,000,000 gallons; 
 83.5      (2) the commissioner shall make payments to producers in 
 83.6   the order in which the portion of production capacity covered by 
 83.7   each claim began production; and 
 83.8      (3) only those producers that receive payments for the 
 83.9   quarter, or received payments under paragraph (a) or (b) in an 
 83.10  earlier quarter, will be eligible for future ethanol or wet 
 83.11  alcohol production payments under this subdivision. 
 83.12     (g) If the total amount for which all producers are 
 83.13  eligible in a quarter under paragraph (c) exceeds the amount 
 83.14  available for payments, the commissioner shall make payments in 
 83.15  the order in which the plants covered by the claims began 
 83.16  generating electricity using closed-loop biomass. 
 83.17     (h) After the effective date of this section, new 
 83.18  production capacity is eligible for payment under this 
 83.19  subdivision if by July 31, 1997, the commissioner receives: 
 83.20     (1) an application for approval of the new production 
 83.21  capacity; 
 83.22     (2) an appropriate letter of long-term financial commitment 
 83.23  for construction of the new capacity; and 
 83.24     (3) copies of all necessary permits for construction of the 
 83.25  new capacity. 
 83.26     The commissioner may approve the additional capacity based 
 83.27  on the order in which the applications are received.  The 
 83.28  commissioner shall not approve production capacity in excess of 
 83.29  the limitations in paragraph (f).  Existing plants are not 
 83.30  eligible for new capacity beyond planned expansions reported to 
 83.31  the commissioner in February 1997. 
 83.32     Sec. 62.  Minnesota Statutes 1996, section 84.027, is 
 83.33  amended by adding a subdivision to read: 
 83.34     Subd. 15.  [ELECTRONIC TRANSACTIONS.] (a) The commissioner 
 83.35  may receive an application for, sell, and issue any license, 
 83.36  stamp, permit, registration, or transfer under the jurisdiction 
 84.1   of the commissioner by electronic means, including by 
 84.2   telephone.  The commissioner may: 
 84.3      (1) provide for the electronic transfer of funds generated 
 84.4   by electronic transactions, including by telephone; 
 84.5      (2) appoint agents to administer electronic transactions; 
 84.6      (3) assign a license identification number to an applicant 
 84.7   who purchases a hunting or fishing license by electronic means, 
 84.8   to serve as temporary authorization to engage in the licensed 
 84.9   activity until the license is received or expires; 
 84.10     (4) charge and permit agents to charge a reasonable 
 84.11  transaction fee and credit card fee of individuals who make 
 84.12  electronic transactions, including transactions by telephone; 
 84.13  and 
 84.14     (5) adopt rules to administer the provisions of this 
 84.15  subdivision. 
 84.16     (b) A county shall not collect a commission for the sale of 
 84.17  licenses or permits made by agents appointed by the commissioner 
 84.18  under this subdivision. 
 84.19     Sec. 63.  Minnesota Statutes 1996, section 84.0273, is 
 84.20  amended to read: 
 84.21     84.0273 [~~CORRECTION~~ ESTABLISHMENT OF BOUNDARY LINES 
 84.22  RELATING TO CERTAIN STATE LANDHOLDINGS.] 
 84.23     In order to ~~correct errors in legal descriptions~~ resolve 
 84.24  boundary line issues affecting the ownership interests of the 
 84.25  state and adjacent landowners, the commissioner of natural 
 84.26  resources may, in the name of the state upon terms the 
 84.27  commissioner deems appropriate, convey, ~~without monetary~~ 
 84.28  ~~consideration,~~ by a boundary line agreement, quitclaim deed, or 
 84.29  management agreement in such form as the attorney general 
 84.30  approves, such rights, titles, and interests of the state in 
 84.31  state lands for such rights, titles and interests in adjacent 
 84.32  lands as are necessary for the purpose of ~~correcting legal~~ 
 84.33  ~~descriptions of~~ establishing boundaries.  A notice of the 
 84.34  proposed conveyance and a brief statement of the reason therefor 
 84.35  shall be published once in the State Register by the 
 84.36  commissioner between 15 and 30 days prior to conveyance.  The 
 85.1   provisions of this section are not intended to replace or 
 85.2   supersede laws relating to land exchange or disposal of surplus 
 85.3   state property. 
 85.4      Sec. 64.  Minnesota Statutes 1996, section 84.82, 
 85.5   subdivision 3, is amended to read: 
 85.6      Subd. 3.  [FEES FOR REGISTRATION.] (a) The fee for 
 85.7   registration of each snowmobile, other than those used for an 
 85.8   agricultural purpose, as defined in section 84.92, subdivision 
 85.9   1c, or those registered by a dealer or manufacturer pursuant to 
 85.10  clause (b) or (c) shall be as follows:  ~~$30~~ $45 for three years 
 85.11  and $4 for a duplicate or transfer. 
 85.12     (b) The total registration fee for all snowmobiles owned by 
 85.13  a dealer and operated for demonstration or testing purposes 
 85.14  shall be $50 per year. 
 85.15     (c) The total registration fee for all snowmobiles owned by 
 85.16  a manufacturer and operated for research, testing, 
 85.17  experimentation, or demonstration purposes shall be $150 per 
 85.18  year.  Dealer and manufacturer registrations are not 
 85.19  transferable. 
 85.20     Sec. 65.  Minnesota Statutes 1996, section 85.015, is 
 85.21  amended by adding a subdivision to read: 
 85.22     Subd. 1c.  [METAL TRACTION DEVICES; PROHIBITION ON PAVED 
 85.23  TRAILS.] A person may not use a snowmobile with metal traction 
 85.24  devices on any paved state trail. 
 85.25     Sec. 66.  Minnesota Statutes 1996, section 85.052, 
 85.26  subdivision 3, is amended to read: 
 85.27     Subd. 3.  [FEE FOR CERTAIN PARKING AND CAMPSITE USE.] (a) 
 85.28  An individual using spaces in state parks under subdivision 1, 
 85.29  clause (2), shall be charged daily rates determined and set by 
 85.30  the commissioner in a manner and amount consistent with the type 
 85.31  of facility provided for the accommodation of guests in a 
 85.32  particular park and with similar facilities offered for tourist 
 85.33  camping and similar use in the area.  
 85.34     (b) The fee for special parking spurs, campgrounds for 
 85.35  automobiles, sites for tent camping, and special auto trailer 
 85.36  coach parking spaces is one-half of the fee set in paragraph (a) 
 86.1   on Sunday through Thursday of each week for: 
 86.2      (1) ~~an individual age 65 or over who is a resident of the~~ 
 86.3   ~~state and who furnishes satisfactory proof of age and residence;~~ 
 86.4      ~~(2)~~ a physically handicapped person with a motor vehicle 
 86.5   that has special plates issued under section 168.021, 
 86.6   subdivision 1; or 
 86.7      ~~(3)~~ (2) a physically handicapped person who possesses a 
 86.8   certificate issued under section 169.345, subdivision 3.  
 86.9      Sec. 67.  Minnesota Statutes 1996, section 85.053, 
 86.10  subdivision 1, is amended to read: 
 86.11     Subdivision 1.  [FORM, ISSUANCE, VALIDITY.] (a) The 
 86.12  commissioner shall prepare and provide state park permits for 
 86.13  each ~~calendar~~ year that state a motor vehicle may enter and use 
 86.14  state parks, state recreation areas, and state waysides over 50 
 86.15  acres in area.  ~~State park permits must be available and placed~~ 
 86.16  ~~on sale by October 1 of the year preceding the calendar year~~ 
 86.17  ~~that the permit is valid.~~  
 86.18     (b) A state park permit may be affixed when purchased and 
 86.19  used from the time it is affixed until the end of the ~~calendar~~ 
 86.20  year for which it is issued.  State park permits in each 
 86.21  category must be numbered consecutively for each year of issue.  
 86.22     (c) State park permits shall be issued by employees of the 
 86.23  division of parks and recreation as designated by the 
 86.24  commissioner.  State park permits also may be consigned to and 
 86.25  issued by agents designated by the commissioner who are not 
 86.26  employees of the division of parks and recreation.  All proceeds 
 86.27  from the sale of permits and all unsold permits consigned to 
 86.28  agents shall be returned to the commissioner at such times as 
 86.29  the commissioner may direct, but no later than the end of the 
 86.30  ~~calendar~~ year for which the permits are effective.  No part of 
 86.31  the permit fee may be retained by an agent.  An additional 
 86.32  charge or fee in an amount to be determined by the commissioner, 
 86.33  but not to exceed four percent of the price of the permit, may 
 86.34  be collected and retained by an agent for handling or selling 
 86.35  the permits. 
 86.36     Sec. 68.  Minnesota Statutes 1996, section 85.053, 
 87.1   subdivision 4, is amended to read: 
 87.2      Subd. 4.  [~~TWO-DAY~~ ONE-DAY PERMITS.] The commissioner shall 
 87.3   prescribe a special one-day state park permit for use of state 
 87.4   parks, state recreation areas, or state waysides ~~up to two days~~ 
 87.5   under conditions prescribed by the commissioner.  The conditions 
 87.6   must allow the permit to be valid for use of the park by campers 
 87.7   until the camping checkout time the day following purchase. 
 87.8      Sec. 69.  Minnesota Statutes 1996, section 85.055, 
 87.9   subdivision 1, is amended to read: 
 87.10     Subdivision 1.  [FEES.] The fee for state park permits for: 
 87.11     (1) an annual use of state parks is $20; 
 87.12     (2) a second vehicle state park permit is $15; 
 87.13     (3) a state park permit valid ~~up to two days~~ for one day is 
 87.14  $4; 
 87.15     (4) a daily vehicle state park permit for groups is $2; 
 87.16     (5) an employee's state park permit is without charge; ~~and~~ 
 87.17     (6) a state park permit for handicapped persons under 
 87.18  section 85.053, subdivision 7, clauses (1) and (2), is $12; and 
 87.19     (7) purchase of six annual permits by an individual is $108.
 87.20     The fees specified in this subdivision include any sales 
 87.21  tax required by state law. 
 87.22     Sec. 70.  Minnesota Statutes 1996, section 85.055, is 
 87.23  amended by adding a subdivision to read: 
 87.24     Subd. 1a.  [PATRON PERMIT.] The commissioner may develop a 
 87.25  special patron permit requiring persons to pay an additional 
 87.26  amount above the annual permit fee required in subdivision 1.  
 87.27  The additional amount paid under this subdivision shall be 
 87.28  deposited in the state treasury and credited to the working 
 87.29  capital account under section 85.22, subdivision 1. 
 87.30     Sec. 71.  Minnesota Statutes 1996, section 88.79, is 
 87.31  amended by adding a subdivision to read: 
 87.32     Subd. 3.  [COST-SHARING OF CONSERVATION PRACTICES.] The 
 87.33  commissioner of natural resources may provide cost-sharing of 
 87.34  conservation practices to nonindustrial owners of less than 
 87.35  5,000 acres of private land within this state, provided that the 
 87.36  landowners successfully complete conservation practices approved 
 88.1   by the commissioner.  The cost shared by the commissioner may 
 88.2   not exceed 75 percent of the actual cost of the conservation 
 88.3   practice. 
 88.4      Sec. 72.  Minnesota Statutes 1996, section 92.06, 
 88.5   subdivision 1, is amended to read: 
 88.6      Subdivision 1.  [TERMS.] (a) The terms of payment on the 
 88.7   sale of state public lands must be as follows:  The purchaser 
 88.8   shall pay in cash at the time of sale the appraised value of all 
 88.9   timber and costs determined by the commissioner to be associated 
 88.10  with the sale including survey, appraisal, publication, deed 
 88.11  tax, filing fee, and similar costs.  At least 15 percent of the 
 88.12  purchase price of the land exclusive of timber and associated 
 88.13  costs must be paid in cash at the time of sale.  The balance of 
 88.14  the purchase price must be paid in no more than 20 equal annual 
 88.15  installments.  Payments must be made by June 1 each year 
 88.16  following the year in which the purchase was made, with interest 
 88.17  at the rate in effect at the time of sale, calculated under this 
 88.18  subdivision, on the unpaid balances.  Any installment of 
 88.19  principal or interest may be paid in advance, but part payment 
 88.20  of an installment will not be accepted.  For the purpose of 
 88.21  computing interest, any installment of principal not paid on 
 88.22  June 1 shall be credited on the following June 1.  The purchaser 
 88.23  may pay the balance due on a sale within 30 days of the sale 
 88.24  with no interest due. 
 88.25     (b) Interest on unpaid balances must be computed as annual 
 88.26  simple interest.  The rate of interest must be based on average 
 88.27  effective interest rates on mortgage loans as provided in 
 88.28  paragraph (c). 
 88.29     (c) On or before December 31 of each year, the commissioner 
 88.30  of natural resources shall determine the rate from the average 
 88.31  effective interest rate on loans closed using the office of 
 88.32  thrift supervision series, formerly the federal home loan bank 
 88.33  board series, or its successor agency, for the most recent 
 88.34  calendar month, reported on a monthly basis in the latest 
 88.35  statistical release of the board of governors of the federal 
 88.36  reserve system.  This yield, rounded to the nearest quarter of 
 89.1   one percent, is the annual interest rate for sales of state land 
 89.2   during the succeeding calendar year. 
 89.3      (d) For state land sales in calendar year 1993 after July 
 89.4   1, 1993, the rate is eight percent, which is the September 1992 
 89.5   average from the office of thrift supervision series, rounded to 
 89.6   the nearest quarter of one percent. 
 89.7      Sec. 73.  Minnesota Statutes 1996, section 92.06, 
 89.8   subdivision 4, is amended to read: 
 89.9      Subd. 4.  [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] If a 
 89.10  person has made improvements to the land and if:  (1) the 
 89.11  commissioner believes that person settled the land in good faith 
 89.12  as homestead land under the laws of the United States before it 
 89.13  was certified to the state, ~~or if~~ (2) the improvements were 
 89.14  lawfully made by that person as a lessee of the state, or (3) 
 89.15  the commissioner determines, based on clear and convincing 
 89.16  evidence provided by the person, that the improvements were made 
 89.17  by the person as an inadvertent trespasser, then the value of 
 89.18  the improvements must be separately appraised and, if the 
 89.19  settler ~~or~~, lessee, or inadvertent trespasser purchases the 
 89.20  land, the settler ~~or~~, lessee, or inadvertent trespasser is not 
 89.21  required to pay for the improvements.  If another person 
 89.22  purchases the land, that person must pay the owner of the 
 89.23  improvements, in addition to all other required payments, the 
 89.24  appraised amount for the improvements.  Payment for improvements 
 89.25  must be made within 15 days of the auction sale, either in cash 
 89.26  or upon terms and conditions agreeable to the owner of the 
 89.27  improvements.  If payment for improvements is not made in cash, 
 89.28  and if there is no agreement between the parties within 15 days 
 89.29  of the auction sale, the commissioner may: 
 89.30     (1) sell the property to the second highest qualified 
 89.31  bidder if that bidder submitted to the commissioner's 
 89.32  representative, at the auction sale, a written request to buy 
 89.33  the property at a specified price; or 
 89.34     (2) void the sale and reoffer the property at a subsequent 
 89.35  sale. 
 89.36     This subdivision does not apply unless the owner of the 
 90.1   improvements makes a verified application to the commissioner 
 90.2   showing entitlement to the improvements before the first state 
 90.3   public sale at which the land is offered for sale.  The 
 90.4   applicant must appear at the sale and offer to purchase the land 
 90.5   for at least its appraised value including all timber on it, and 
 90.6   make the purchase if no higher bid is received.  Actions or 
 90.7   other proceedings involving the land in question begun before 
 90.8   the sale must have been completed. 
 90.9      Sec. 74.  Minnesota Statutes 1996, section 92.16, 
 90.10  subdivision 1, is amended to read: 
 90.11     Subdivision 1.  [CONTENTS; DEFAULT, RESALE.] At the time of 
 90.12  the sale the commissioner shall execute, acknowledge, and 
 90.13  deliver to the purchaser a certificate of sale, numbered and 
 90.14  made assignable, certifying the description of the land sold, 
 90.15  its quantity, the price per acre, the consideration paid and to 
 90.16  be paid, and the time and terms of payment.  A certificate must 
 90.17  not be delivered until the sum required by law to be paid at the 
 90.18  time of the sale is paid.  ~~The sum includes costs determined by~~ 
 90.19  ~~the commissioner to be associated with the sale such as survey,~~ 
 90.20  ~~appraisal, publication, deed tax, filing fee, and similar~~ 
 90.21  ~~costs.~~  If the purchaser fails to pay the sum, the commissioner 
 90.22  may ~~immediately~~ reoffer the land for sale, but a bid may not be 
 90.23  accepted from the person failing to pay the original offer.  If 
 90.24  the purchaser pays in full at the time of sale, the commissioner 
 90.25  is not required to issue a certificate of sale. 
 90.26     Sec. 75.  [92.80] [PAYMENT OF TAXES AND ASSESSMENTS.] 
 90.27     Subdivision 1.  [CANCELLATION OF CERTIFICATE OF SALE.] If 
 90.28  the state acquires an interest in real property prior to the 
 90.29  cancellation of a certificate of sale or upon completion of the 
 90.30  cancellation process by advertisement or court order, the state 
 90.31  must make provision to pay all taxes, interests, costs, 
 90.32  penalties, and assessments.  The commissioner of natural 
 90.33  resources must request the certificate of sale vendee to make a 
 90.34  good faith attempt to pay the debt.  If the commissioner 
 90.35  determines that the vendee is unwilling or unable to pay the 
 90.36  debt, the commissioner may pay the debt and seek redress against 
 91.1   the vendee. 
 91.2      Subd. 2.  [VOLUNTARY AND INVOLUNTARY REVERSIONS.] (a) If a 
 91.3   grantee on a certificate of sale or state deed desires the state 
 91.4   to exercise its reversionary interest in real property, the 
 91.5   grantee must pay all real estate taxes, costs, interest, 
 91.6   penalties, and assessments on the property prior to reversion. 
 91.7      (b) If a grantee on a certificate of sale or state deed 
 91.8   breaches the contractual terms of the certificate or deed, the 
 91.9   commissioner of natural resources must request the grantee to 
 91.10  make a good faith attempt to pay all real estate taxes, costs, 
 91.11  interest, penalties, and assessments on the property prior to 
 91.12  reversion.  If the commissioner determines that the grantee is 
 91.13  unwilling or unable to pay the debt, the commissioner may pay 
 91.14  the debt and seek redress against the grantee. 
 91.15     Sec. 76.  Minnesota Statutes 1996, section 94.10, 
 91.16  subdivision 2, is amended to read: 
 91.17     Subd. 2.  (a) Lands certified as surplus by the head of a 
 91.18  department or agency other than the department of natural 
 91.19  resources shall be offered for public sale by the commissioner 
 91.20  of administration as provided in this paragraph.  After 
 91.21  complying with subdivision 1 and before any public sale of 
 91.22  surplus state-owned land is made, the commissioner of 
 91.23  administration shall publish a notice thereof at least once in 
 91.24  each week for four successive weeks in a legal newspaper and 
 91.25  also in a newspaper of general distribution in the city or 
 91.26  county in which the real property to be sold is situated, which 
 91.27  notice shall specify the time and place at which the sale will 
 91.28  commence, a general description of the lots or tracts to be 
 91.29  offered, and a general statement of the terms of sale.  Each 
 91.30  tract or lot shall be sold separately and shall be sold for not 
 91.31  less than the appraised value thereof.  Parcels remaining unsold 
 91.32  after the offering may be sold to anyone agreeing to pay the 
 91.33  appraised value thereof.  The sale shall continue until all 
 91.34  parcels are sold or until the commissioner orders a reappraisal 
 91.35  or withdraws the remaining parcels from sale.  
 91.36     (b) Lands certified as surplus by the commissioner of 
 92.1   natural resources shall be offered for public sale by the 
 92.2   commissioner of natural resources in the manner provided in 
 92.3   paragraph (a) for sales by the commissioner of administration. 
 92.4      (c) Except as provided in section 94.11, the cost of any 
 92.5   survey or appraisal as provided in subdivision 1 shall be added 
 92.6   to and made a part of the appraised value of the lands to be 
 92.7   sold, whether to any political subdivision of the state or to a 
 92.8   private purchaser as provided in this subdivision.  
 92.9      Sec. 77.  [94.55] [TRANSFER OF STATE-OWNED IMPROVEMENTS.] 
 92.10     The commissioner may sell or transfer an improvement 
 92.11  located on state-owned lands, the compensation for which shall 
 92.12  be determined by the commissioner.  The sale or transfer shall 
 92.13  be accomplished by a bill of sale, describing the improvement 
 92.14  transferred and the terms and conditions of the sale or transfer.
 92.15  Proceeds resulting from the sale or transfer must be deposited 
 92.16  in the state treasury and credited to the land acquisition 
 92.17  account established in section 94.165. 
 92.18     Sec. 78.  Minnesota Statutes 1996, section 97A.015, is 
 92.19  amended by adding a subdivision to read: 
 92.20     Subd. 27a.  [LICENSE IDENTIFICATION NUMBER.] "License 
 92.21  identification number" means a verification number issued under 
 92.22  the authority of the commissioner in conjunction with the 
 92.23  electronic purchase of a license or stamp and valid until the 
 92.24  license is received by the purchaser. 
 92.25     Sec. 79.  Minnesota Statutes 1996, section 97A.028, 
 92.26  subdivision 1, is amended to read: 
 92.27     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 92.28  subdivision apply to this section. 
 92.29     (b) "Agricultural crops" means annually seeded crops, 
 92.30  legumes, fruit orchards, tree farms and nurseries, turf farms, 
 92.31  and apiaries. 
 92.32     (c) "Parcel" has the meaning given in section 272.03, 
 92.33  subdivision 6. 
 92.34     (d) "Specialty crops" means fruit orchards, vegetables, 
 92.35  tree farms and nurseries, turf farms, and apiaries. 
 92.36     (e) "Stored forage crops" means hay, silage, grain, or 
 93.1   other crops that have been harvested and placed in storage for 
 93.2   commercial livestock feeding. 
 93.3      Sec. 80.  Minnesota Statutes 1996, section 97A.028, 
 93.4   subdivision 3, is amended to read: 
 93.5      Subd. 3.  [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a) 
 93.6   For the purposes of this subdivision, "cooperative damage 
 93.7   management agreement" means an agreement between a landowner or 
 93.8   tenant and the commissioner that establishes a program for 
 93.9   addressing the problem of destruction of the landowner's or 
 93.10  tenant's specialty crops or stored forage crops by wild animals, 
 93.11  or destruction of agricultural crops by flightless Canada geese. 
 93.12     (b) A landowner or tenant may apply to the commissioner for 
 93.13  emergency deterrent materials assistance in controlling 
 93.14  destruction of the landowner's or tenant's specialty crops or 
 93.15  stored forage crops by wild animals, or destruction of 
 93.16  agricultural crops by flightless Canada geese.  Subject to the 
 93.17  availability of money appropriated for this purpose, the 
 93.18  commissioner shall provide suitable deterrent materials when the 
 93.19  commissioner determines that: 
 93.20     (1) immediate action is necessary to prevent significant 
 93.21  damage from continuing; and 
 93.22     (2) a cooperative damage management agreement cannot be 
 93.23  implemented immediately. 
 93.24     (c) A person may receive emergency deterrent materials 
 93.25  assistance under this subdivision more than once, but the 
 93.26  cumulative total value of deterrent materials provided to a 
 93.27  person, or for use on a parcel, may not exceed $3,000 for 
 93.28  specialty crops, or $750 for stored forage crops, or $500 for 
 93.29  agricultural crops damaged by flightless Canada geese.  If a 
 93.30  person is a coowner or cotenant with respect to the specialty 
 93.31  crops for which the deterrent materials are provided, the 
 93.32  deterrent materials are deemed to be "provided" to the person 
 93.33  for the purposes of this paragraph. 
 93.34     (d) As a condition of receiving emergency deterrent 
 93.35  materials assistance under this subdivision, a landowner or 
 93.36  tenant shall enter into a cooperative damage management 
 94.1   agreement with the commissioner.  Deterrent materials provided 
 94.2   by the commissioner may include repellents, fencing materials, 
 94.3   or other materials recommended in the agreement to alleviate the 
 94.4   damage problem.  If requested by a landowner or tenant, any 
 94.5   fencing materials provided must be capable of providing 
 94.6   long-term protection of specialty crops.  A landowner or tenant 
 94.7   who receives emergency deterrent materials assistance under this 
 94.8   subdivision shall comply with the terms of the cooperative 
 94.9   damage management agreement. 
 94.10     Sec. 81.  Minnesota Statutes 1996, section 97A.075, 
 94.11  subdivision 1, is amended to read: 
 94.12     Subdivision 1.  [DEER AND BEAR LICENSES.] (a) For purposes 
 94.13  of this subdivision, "deer license" means a license issued under 
 94.14  section 97A.475, subdivisions 2, clauses (4) ~~and~~, (5), and (9), 
 94.15  and 3, clauses (2) ~~and~~, (3), and (7), and licenses issued under 
 94.16  section 97B.301, subdivision 4.  
 94.17     (b) At least $2 from each deer license shall be used for 
 94.18  deer habitat improvement or deer management programs.  
 94.19     (c) At least $1 from each ~~resident~~ deer license and each 
 94.20  ~~resident~~ bear license shall be used for deer and bear management 
 94.21  programs, including a computerized licensing system.  Fifty 
 94.22  cents from each ~~resident~~ deer license is appropriated for 
 94.23  emergency deer feeding.  Money appropriated for emergency deer 
 94.24  feeding is available until expended.  When the unencumbered 
 94.25  balance in the appropriation for emergency deer feeding at the 
 94.26  end of a fiscal year exceeds $750,000, $750,000 is canceled to 
 94.27  the unappropriated balance of the game and fish fund and the 
 94.28  amount appropriated for emergency deer feeding is reduced to 25 
 94.29  cents from each ~~resident~~ deer license. 
 94.30     Sec. 82.  Minnesota Statutes 1996, section 97A.405, 
 94.31  subdivision 2, is amended to read: 
 94.32     Subd. 2.  [PERSONAL POSSESSION.] (a) A person ~~to whom a~~ 
 94.33  ~~license is issued must have the license in personal possession~~ 
 94.34  ~~while~~ acting under ~~the~~ a license ~~and while~~ or traveling from 
 94.35  ~~the~~ an area where ~~the~~ a licensed activity ~~is~~ was performed 
 94.36  must have in personal possession either:  (1) the proper 
 95.1   license, if the license has been issued to and received by the 
 95.2   person; or (2) the proper license identification number, if the 
 95.3   license has been sold to the person by electronic means but the 
 95.4   actual license has not been issued and received. 
 95.5      (b) If possession of a license or a license identification 
 95.6   number is required, a person must exhibit ~~the proper license~~ 
 95.7   ~~when~~, as requested by a conservation officer or peace officer~~.~~, 
 95.8   either:  (1) the proper license if the license has been issued 
 95.9   to and received by the person; or (2) the proper license 
 95.10  identification number and a valid state driver's license, state 
 95.11  identification card, or other form of identification provided by 
 95.12  a unit of government acceptable to the commissioner, if the 
 95.13  license has been sold to the person by electronic means but the 
 95.14  actual license has not been issued and received.  
 95.15     (c) If the actual license has been issued and received, a 
 95.16  receipt for license fees, a copy of a license, or evidence 
 95.17  showing the issuance of a license, including the license 
 95.18  identification number, does not entitle a licensee to exercise 
 95.19  the rights or privileges conferred by a license.  
 95.20     Sec. 83.  Minnesota Statutes 1996, section 97A.415, 
 95.21  subdivision 2, is amended to read: 
 95.22     Subd. 2.  [TRANSFER PROHIBITED.] A person may not lend, 
 95.23  transfer, borrow, or solicit a license or permit, license 
 95.24  identification number, application for a license or permit, 
 95.25  coupon, tag, or seal, or use a license, permit, license 
 95.26  identification number, coupon, tag, or seal not issued to the 
 95.27  person unless otherwise expressly authorized.  
 95.28     Sec. 84.  Minnesota Statutes 1996, section 97A.475, is 
 95.29  amended to read: 
 95.30     97A.475 [LICENSE FEES.] 
 95.31     Subdivision 1.  [REQUIREMENTS FOR ISSUANCE.] A license 
 95.32  shall be issued when the requirements of the law are met and the 
 95.33  license fee specified in this section is paid.  
 95.34     Subd. 2.  [RESIDENT HUNTING.] Fees for the following 
 95.35  licenses, to be issued to residents only, are: 
 95.36     (1) for persons under age 65 to take small game, $10; 
 96.1      (2) for persons age 65 or over, $5; 
 96.2      (3) to take turkey, $16; 
 96.3      (4) to take deer with firearms, $22; 
 96.4      (5) to take deer by archery, $22; 
 96.5      (6) to take moose, for a party of not more than six 
 96.6   persons, $275; 
 96.7      (7) to take bear, $33; 
 96.8      (8) to take elk, for a party of not more than two persons, 
 96.9   $220; and 
 96.10     (9) to take antlered deer in more than one zone, $44.  
 96.11     Subd. 3.  [NONRESIDENT HUNTING.] Fees for the following 
 96.12  licenses, to be issued to nonresidents, are: 
 96.13     (1) to take small game, $56; 
 96.14     (2) to take deer with firearms, $110; 
 96.15     (3) to take deer by archery, $110; 
 96.16     (4) to take bear, $165; 
 96.17     (5) to take turkey, $56; 
 96.18     (6) to take raccoon, bobcat, fox, coyote, or lynx, $137.50; 
 96.19  and 
 96.20     (7) to take antlered deer in more than one zone, $220. 
 96.21     Subd. 4.  [SMALL GAME SURCHARGE.] Fees for licenses to take 
 96.22  small game must be increased by a surcharge of $4.  An 
 96.23  additional commission may not be assessed on the surcharge and 
 96.24  this must be stated on the back of the license with the 
 96.25  following statement:  "This $4 surcharge is being paid by 
 96.26  hunters for the acquisition and development of wildlife lands."  
 96.27     Subd. 5.  [HUNTING STAMPS.] Fees for the following stamps 
 96.28  are: 
 96.29     (1) migratory waterfowl stamp, $5; 
 96.30     (2) pheasant stamp, $5; and 
 96.31     (3) turkey stamp, $5.  
 96.32     Subd. 6.  [RESIDENT FISHING.] Fees for the following 
 96.33  licenses, to be issued to residents only, are: 
 96.34     (1) to take fish by angling, for persons under age 
 96.35  65, ~~$13~~ $16; 
 96.36     (2) to take fish by angling, for persons age 65 and over, 
 97.1   ~~$4.50~~ $6; 
 97.2      (3) to take fish by angling, for a combined license for a 
 97.3   married couple, ~~$17.50~~ $24; 
 97.4      (4) to take fish by spearing from a dark house, ~~$13~~ $16; 
 97.5   and 
 97.6      (5) to take fish by angling for a 24-hour period selected 
 97.7   by the licensee, ~~$7.50~~ $8.50. 
 97.8      Subd. 7.  [NONRESIDENT FISHING.] Fees for the following 
 97.9   licenses, to be issued to nonresidents, are: 
 97.10     (1) to take fish by angling, ~~$27.50~~ $35; 
 97.11     (2) to take fish by angling limited to seven consecutive 
 97.12  days selected by the licensee, ~~$19~~ $24; 
 97.13     (3) to take fish by angling for a 72-hour period selected 
 97.14  by the licensee, ~~$16~~ $20; 
 97.15     (4) to take fish by angling for a combined license for a 
 97.16  family, ~~$37.50~~ $50; 
 97.17     (5) to take fish by angling for a 24-hour period selected 
 97.18  by the licensee, ~~$7.50~~ $8.50; and 
 97.19     (6) to take fish by angling for a combined license for a 
 97.20  married couple, limited to 14 consecutive days selected by one 
 97.21  of the licensees, ~~$27.50~~ $35. 
 97.22     Subd. 8.  [MINNESOTA SPORTING.] The commissioner shall 
 97.23  issue Minnesota sporting licenses to residents only.  The 
 97.24  licensee may take fish by angling and small game.  The fee for 
 97.25  the license is:  
 97.26     (1) for an individual, ~~$17.50~~ $22.50; and 
 97.27     (2) for a combined license for a married couple to take 
 97.28  fish and for one spouse to take small game, ~~$24~~ $31.50.  
 97.29     Subd. 10.  [TROUT AND SALMON STAMP.] The fee for a trout 
 97.30  and salmon stamp is ~~$5~~ $8.50.  
 97.31     Subd. 11.  [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees 
 97.32  for the following licenses are: 
 97.33     (1) for a fish house or dark house that is not 
 97.34  rented, ~~$9~~ $11.50; and 
 97.35     (2) for a fish house or dark house that is 
 97.36  rented, ~~$20~~ $25.50. 
 98.1      Subd. 12.  [FISH HOUSES; NONRESIDENT.] Fees for fish house 
 98.2   licenses for a nonresident are:  
 98.3      (1) annual, ~~$27.50~~ $31.50; and 
 98.4      (2) seven consecutive days, ~~$16.50~~ $18. 
 98.5      Subd. 13.  [NETTING WHITEFISH AND CISCOES FOR PERSONAL 
 98.6   CONSUMPTION.] The fee for a license to net whitefish and ciscoes 
 98.7   in inland lakes and international waters for personal 
 98.8   consumption is, for each net, ~~$8~~ $10. 
 98.9      ~~Subd. 14.  [ROUGH FISH; MINNESOTA AND MISSISSIPPI RIVERS.]~~ 
 98.10  ~~The fee for a license to take rough fish for domestic use with a~~ 
 98.11  ~~set line in the Minnesota and Mississippi rivers is $14.50.~~ 
 98.12     Subd. 15.  [LAKE SUPERIOR FISHING GUIDES.] The fee for a 
 98.13  license to operate a charter boat and guide anglers on Lake 
 98.14  Superior is: 
 98.15     (1) for a resident, ~~$27.50~~ $125; 
 98.16     (2) for a nonresident, ~~$110~~ $225; or 
 98.17     (3) if another state charges a Minnesota resident a fee 
 98.18  greater than ~~$100~~ $225 for a Lake Superior fishing guide license 
 98.19  in that state, the nonresident fee for a resident of that state 
 98.20  is that greater fee.  
 98.21     Subd. 16.  [RESIDENT HUNTING GUIDES.] The fees for the 
 98.22  following resident guide licenses are: 
 98.23     (1) to guide bear hunters, $82.50; and 
 98.24     (2) to guide turkey hunters, $22.  
 98.25     Subd. 18.  [SHOOTING PRESERVES.] The fee for a shooting 
 98.26  preserve license is:  
 98.27     (1) for a private shooting preserve, $100; and 
 98.28     (2) for a commercial shooting preserve, $500. 
 98.29     Subd. 19.  [TAXIDERMISTS.] The fee for a taxidermist 
 98.30  license, to be issued for a three-year period to residents only, 
 98.31  is: 
 98.32     (1) for persons age 18 and older, $44; and 
 98.33     (2) for persons under age 18, $27.50.  
 98.34     Subd. 20.  [TRAPPING LICENSE.] The fee for a license to 
 98.35  trap fur-bearing animals is: 
 98.36     (1) for persons over age 13 and under age 18, $5.50; and 
 99.1      (2) for persons age 18 and older, $18.  
 99.2      Subd. 21.  [FUR BUYING AND SELLING; RESIDENTS.] (a) The fee 
 99.3   for a license for a resident to buy and sell raw furs is $110.  
 99.4      (b) The fee for a supplemental license to buy and sell furs 
 99.5   is $55. 
 99.6      Subd. 22.  [FUR BUYING AND SELLING; NONRESIDENTS.] The fee 
 99.7   for a license for a nonresident to buy and sell raw furs is $500.
 99.8      Subd. 23.  [RAW FUR TANNING.] The fee for a license to tan 
 99.9   and dress raw furs to be issued to residents and nonresidents is 
 99.10  $16.50.  
 99.11     Subd. 24.  [GAME AND FUR FARMS.] The fee for a game and fur 
 99.12  farm license is $16.50. 
 99.13     Subd. 25.  [MUSKRAT FARMS.] The fee for a muskrat farm 
 99.14  license is $11.  
 99.15     Subd. 26.  [MINNOW DEALERS.] The fees for the following 
 99.16  licenses are:  
 99.17     (1) minnow dealer, ~~$77~~ $200; 
 99.18     (2) ~~minnow dealer's helper, $5.50;~~ 
 99.19     ~~(3)~~ minnow dealer's vehicle, ~~$11~~ $30; 
 99.20     ~~(4)~~ (3) exporting minnow dealer, ~~$275~~ $500; and 
 99.21     ~~(5)~~ (4) exporting minnow dealer's vehicle, ~~$11~~ $30.  
 99.22     Subd. 27.  [MINNOW RETAILERS.] The fees for the following 
 99.23  licenses, to be issued to residents and nonresidents, are: 
 99.24     (1) minnow retailer, ~~$11~~ $30; and 
 99.25     (2) minnow retailer's vehicle, ~~$11~~ $30.  
 99.26     Subd. 28.  [NONRESIDENT MINNOW HAULERS.] The fees for the 
 99.27  following licenses, to be issued to nonresidents, are: 
 99.28     (1) exporting minnow hauler, ~~$525~~ $750; and 
 99.29     (2) exporting minnow hauler's vehicle, ~~$11~~ $30.  
 99.30     Subd. 29.  [PRIVATE FISH HATCHERIES.] The fees for the 
 99.31  following licenses to be issued to residents and nonresidents 
 99.32  are:  
 99.33     (1) for a private fish hatchery, with annual sales under 
 99.34  $200, ~~$27.50~~ $50; 
 99.35     (2) for a private fish hatchery, with annual sales of $200 
 99.36  or more, ~~$55~~ $100; and 
100.1      (3) to take sucker eggs from public waters for a private 
100.2   fish hatchery, $165, plus ~~$3~~ $5 for each quart in excess of 
100.3   ~~100~~ 50 quarts.  
100.4      Subd. 30.  [COMMERCIAL NETTING OF FISH ~~IN INLAND WATERS~~.] 
100.5   The ~~fee for a license~~ fees to net commercial fish ~~in inland~~ 
100.6   ~~waters, to be issued to residents and nonresidents, is $70~~ 
100.7   ~~plus~~ are: 
100.8      (1) commercial license fees: 
100.9      ~~(1)~~ (i) for ~~each hoop net pocket, $1~~ residents and 
100.10  nonresidents in inland waters, $150; 
100.11     ~~(2)~~ (ii) for ~~each 1,000 feet of seine, $16.50~~ residents in 
100.12  Lake Superior, $50; ~~and~~ 
100.13     ~~(3)~~ (iii) for ~~each apprentice license, $25.~~ residents in 
100.14  Lake of the Woods, Rainy, Namakan, and Sand Point Lakes, $50; 
100.15     (iv) for residents in the Mississippi river from St. 
100.16  Anthony Falls to the St. Croix river junction, $50; 
100.17     (v) for residents in Wisconsin boundary waters from Lake St.
100.18  Croix to the Iowa border, $50; and 
100.19     (vi) for each resident apprentice license, $25; and 
100.20     (2) commercial net fees: 
100.21     (i) for each commercial gill net in Lake Superior, 
100.22  Wisconsin border waters, Lake of the Woods, Namakan, Sand Point, 
100.23  and Rainy lakes, $5 per 100 feet of net; 
100.24     (ii) for each commercial seine in inland, inland 
100.25  Mississippi river, and Wisconsin border waters, $10 per 100 
100.26  feet; 
100.27     (iii) for each commercial hoop net in inland waters, $1.25; 
100.28     (iv) for each submerged, fyke, trap, and hoop nets in Lake 
100.29  Superior, St. Louis Estuary, Lake of the Woods, Rainy Lake, 
100.30  Namakan, Sand Point, and each pound net in Lake Superior, $20; 
100.31     (v) for each stake and pound nets in Lake of the Woods, 
100.32  $60; 
100.33     (vi) for each commercial set lines in the Wisconsin border 
100.34  waters, $25; and 
100.35     (vii) for each trawl used in Lake Superior, $100.  
100.36     ~~Subd. 31.  [COMMERCIAL NETTING OF FISH IN LAKE OF THE~~ 
101.1   ~~WOODS.] The fee for a license to commercially net fish in Lake~~ 
101.2   ~~of the Woods is:~~ 
101.3      ~~(1) for each pound net or staked trap net, $49.50;~~ 
101.4      ~~(2) for each fyke net, $11, plus $5 for each two-foot~~ 
101.5   ~~segment, or fraction, of the wings or lead in excess of four~~ 
101.6   ~~feet in height;~~ 
101.7      ~~(3) for each 100 feet of gill net, $2.75;~~ 
101.8      ~~(4) for each submerged trap net, $16.50; and~~ 
101.9      ~~(5) for each apprentice license, $25.~~  
101.10     ~~Subd. 32.  [COMMERCIAL NETTING OF FISH IN RAINY LAKE.] The~~ 
101.11  ~~fee for a license to commercially net fish in Rainy Lake is:~~ 
101.12     ~~(1) for each pound net, $49.50;~~ 
101.13     ~~(2) for each 100 feet of gill net, $2.75; and~~ 
101.14     ~~(3) for each apprentice license, $25.~~  
101.15     ~~Subd. 33.  [COMMERCIAL NETTING OF FISH IN NAMAKAN AND SAND~~ 
101.16  ~~POINT LAKES.] The fee for a license to commercially net fish in~~ 
101.17  ~~Namakan Lake and Sand Point Lake is:~~ 
101.18     ~~(1) for each 100 feet of gill net, $1.75;~~ 
101.19     ~~(2) for each pound, fyke, and submerged trap net, $16.50;~~ 
101.20  ~~and~~ 
101.21     ~~(3) for each apprentice license, $25.~~  
101.22     ~~Subd. 34.  [COMMERCIAL SEINE AND SET LINES TO TAKE FISH IN~~ 
101.23  ~~THE MISSISSIPPI RIVER.] (a) The fee for a license to~~ 
101.24  ~~commercially seine rough fish in the Mississippi river from St.~~ 
101.25  ~~Anthony Falls to the St. Croix river junction is:~~ 
101.26     ~~(1) for a seine not exceeding 500 feet, $27.50; or~~ 
101.27     ~~(2) for a seine over 500 feet, $44, plus $2 for each 100~~ 
101.28  ~~foot segment or fraction over 1,000 feet.~~  
101.29     ~~(b) The fee for each apprentice license issued under~~ 
101.30  ~~paragraph (a) is $25.~~  
101.31     ~~Subd. 35.  [COMMERCIAL SEINING OF FISH IN WISCONSIN~~ 
101.32  ~~BOUNDARY WATERS.] The fee for a license to commercially seine~~ 
101.33  ~~fish in the boundary waters between Wisconsin and Minnesota from~~ 
101.34  ~~Taylors Falls to the Iowa border is:~~ 
101.35     ~~(1) for a seine not exceeding 500 feet, $27.50; or~~ 
101.36     ~~(2) for a seine over 500 feet, $44, plus $2.50 for each 100~~ 
102.1   ~~feet over 1,000 feet; and~~ 
102.2      ~~(3) for each apprentice license to be issued to residents,~~ 
102.3   ~~$25.~~  
102.4      ~~Subd. 36.  [COMMERCIAL NETTING IN WISCONSIN BOUNDARY~~ 
102.5   ~~WATERS.] The fee for a license to commercially net in the~~ 
102.6   ~~boundary waters between Wisconsin and Minnesota from Lake St.~~ 
102.7   ~~Croix to the Iowa border is:~~ 
102.8      ~~(1) for each gill net not exceeding 500 feet, $14.50;~~ 
102.9      ~~(2) for each gill net over 500 feet, $27.50;~~ 
102.10     ~~(3) for each fyke net and hoop net, $11;~~ 
102.11     ~~(4) for each bait net, $1.75;~~ 
102.12     ~~(5) for each turtle net, $1.75;~~ 
102.13     ~~(6) for each set line identification tag, $14.50; and~~ 
102.14     ~~(7) for each apprentice license to be issued to residents,~~ 
102.15  ~~$25.~~  
102.16     ~~Subd. 37.  [COMMERCIAL NETTING OF FISH IN LAKE SUPERIOR.]~~ 
102.17  ~~The fee for a license to commercially net fish in Lake Superior~~ 
102.18  ~~is:~~ 
102.19     ~~(1) for each gill net, $77 plus $2 for each 1,000 feet over~~ 
102.20  ~~1,000 feet;~~ 
102.21     ~~(2) for a pound or trap net, $77 plus $2 for each~~ 
102.22  ~~additional pound or trap net; and~~ 
102.23     ~~(3) for each apprentice license, $25.~~  
102.24     Subd. 38.  [FISH BUYERS.] The fees for licenses to buy fish 
102.25  from commercial fishing licensees to be issued residents and 
102.26  nonresidents are: 
102.27     (1) for Lake Superior fish bought for sale to retailers, 
102.28  ~~$55~~ $100; 
102.29     (2) for Lake Superior fish bought for sale to consumers, 
102.30  ~~$11~~ $20; 
102.31     (3) for Lake of the Woods, Namakan, Sand Point, and Rainy 
102.32  Lake fish bought for sale to retailers, ~~$110~~ $200; and 
102.33     (4) for Lake of the Woods, Namakan, Sand Point, and Rainy 
102.34  Lake fish bought for shipment only on international boundary 
102.35  waters, ~~$11~~ $30.  
102.36     Subd. 39.  [FISH PACKER.] The fee for a license to prepare 
103.1   dressed game fish for transportation or shipment is ~~$14.50~~ $25. 
103.2      Subd. 40.  [FISH VENDORS.] The fee for a license to use a 
103.3   motor vehicle to sell fish is ~~$27.50~~ $50.  
103.4      Subd. 41.  [TURTLE SELLERS.] The fee for a license to take, 
103.5   transport, purchase, and possess turtles for sale is ~~$55~~ $150.  
103.6      Subd. 42.  [FROG DEALERS.] The fee for the licenses to deal 
103.7   in frogs that are to be used for purposes other than bait are: 
103.8      (1) for a resident to purchase, possess, and transport 
103.9   frogs, ~~$77~~ $125; 
103.10     (2) for a nonresident to purchase, possess, and transport 
103.11  frogs, ~~$220~~ $250; and 
103.12     (3) for a resident to take, possess, transport, and sell 
103.13  frogs, ~~$11~~ $20. 
103.14     Subd. 43.  [DUPLICATE LICENSES.] The fees for duplicate 
103.15  licenses are: 
103.16     (1) for licenses to take big game, $5; and 
103.17     (2) for other licenses, $2. 
103.18     Sec. 85.  Minnesota Statutes 1996, section 97B.667, is 
103.19  amended to read: 
103.20     97B.667 [REMOVAL OF BEAVER DAMS AND LODGES BY ROAD 
103.21  AUTHORITIES.] 
103.22     When a drainage watercourse is impaired by a beaver dam and 
103.23  the water damages or threatens to damage a public road, the road 
103.24  authority, as defined in section 160.02, subdivision 9, may 
103.25  remove the impairment and any associated beaver lodge within 300 
103.26  feet of the road~~, if the commissioner approves~~. 
103.27     Sec. 86.  Minnesota Statutes 1996, section 97B.715, 
103.28  subdivision 1, is amended to read: 
103.29     Subdivision 1.  [STAMP REQUIRED.] (a) Except as provided in 
103.30  paragraph (b) or section 97A.405, subdivision 2, a person 
103.31  required to possess a small game license may not hunt pheasants 
103.32  without:  
103.33     (1) a pheasant stamp in possession; or 
103.34     (2) a pheasant validation on the small game license.  
103.35     (b) The following persons are exempt from this subdivision: 
103.36     (1) residents under age 18 or over age 65; and 
104.1      (2) persons hunting on licensed ~~private~~ commercial shooting 
104.2   preserves. 
104.3      Sec. 87.  Minnesota Statutes 1996, section 97B.721, is 
104.4   amended to read: 
104.5      97B.721 [LICENSE AND STAMP REQUIRED TO TAKE TURKEY; TAGGING 
104.6   AND REGISTRATION REQUIREMENTS.] 
104.7      (a) Except as provided in paragraph (b) or section 97A.405, 
104.8   subdivision 2, a person may not take a turkey without a turkey 
104.9   license and: 
104.10     (1) a turkey stamp in possession; or 
104.11     (2) a turkey validation on the turkey license. 
104.12     (b) The requirement in paragraph (a) to possess a turkey 
104.13  stamp or a license validation does not apply to persons under 
104.14  age 18. 
104.15     (c) The commissioner may by rule prescribe requirements for 
104.16  the tagging and registration of turkeys. 
104.17     Sec. 88.  Minnesota Statutes 1996, section 97B.801, is 
104.18  amended to read: 
104.19     97B.801 [MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.] 
104.20     (a) Except as provided in this section or section 97A.405, 
104.21  subdivision 2, a person required to possess a small game license 
104.22  may not take migratory waterfowl without: 
104.23     (1) a Minnesota migratory waterfowl stamp in possession; or 
104.24     (2) a migratory waterfowl validation on the small game 
104.25  license.  
104.26     (b) Residents under age 18 or over age 65 and persons 
104.27  hunting on their own property are not required to possess ~~the~~ a 
104.28  stamp or a license validation under this section.  
104.29     Sec. 89.  Minnesota Statutes 1996, section 97C.305, 
104.30  subdivision 1, is amended to read: 
104.31     Subdivision 1.  [REQUIREMENT.] Except as provided in 
104.32  subdivision 2 or section 97A.405, subdivision 2, a person over 
104.33  age 16 and under age 65 required to possess an angling license 
104.34  must have a trout and salmon stamp in possession or a trout 
104.35  validation on the angling license to: 
104.36     (1) take fish by angling in: 
105.1      (i) a stream designated by the commissioner as a trout 
105.2   stream; 
105.3      (ii) a lake designated by the commissioner as a trout lake; 
105.4   or 
105.5      (iii) Lake Superior; or 
105.6      (2) possess trout or salmon taken in the state by angling. 
105.7      Sec. 90.  Minnesota Statutes 1996, section 97C.501, 
105.8   subdivision 2, is amended to read: 
105.9      Subd. 2.  [MINNOW DEALERS.] (a) A person may not be a 
105.10  minnow dealer without a minnow dealer license except as provided 
105.11  in subdivision 3. 
105.12     (b) ~~A minnow dealer must obtain a minnow dealer's helper~~ 
105.13  ~~license for each person employed to take, buy, sell, or~~ 
105.14  ~~transport minnows by the minnow dealer.  The minnow dealer may~~ 
105.15  ~~transfer a helper's license from a former helper to a new helper.~~
105.16     ~~(c)~~ A minnow dealer must obtain a minnow dealer's vehicle 
105.17  license for each motor vehicle used to transport minnows.  The 
105.18  serial number, motor vehicle license number, make, and model 
105.19  must be on the license.  The license must be conspicuously 
105.20  displayed in the vehicle.  
105.21     ~~(d)~~ (c) A minnow dealer may not transport minnows out of 
105.22  the state without an exporting minnow dealer license.  A minnow 
105.23  dealer must obtain an exporting minnow dealer's vehicle license 
105.24  for each motor vehicle used to transport minnows out of the 
105.25  state.  The serial number, motor vehicle license number, make, 
105.26  and model must be on the license.  The license must be 
105.27  conspicuously displayed in the vehicle.  
105.28     Sec. 91.  Minnesota Statutes 1996, section 97C.801, is 
105.29  amended to read: 
105.30     97C.801 [TAKING ROUGH FISH ON MISSISSIPPI ~~AND MINNESOTA~~ 
105.31  ~~RIVERS~~ RIVER.] 
105.32     ~~Subdivision 1.  [ROUGH FISH ON MINNESOTA AND MISSISSIPPI~~ 
105.33  ~~RIVERS.] (a) A license is required to take rough fish by set~~ 
105.34  ~~line in the Minnesota river from Mankato to its junction with~~ 
105.35  ~~the Mississippi river, and in the Mississippi river from St.~~ 
105.36  ~~Anthony Falls to the St. Croix junction.~~  
106.1      ~~(b) A person may use only one set line to take rough fish~~ 
106.2   ~~in the Minnesota river from Mankato to its junction with the~~ 
106.3   ~~Mississippi river, and in the Mississippi river from St. Anthony~~ 
106.4   ~~Falls to the St. Croix river junction, and the set line must:~~ 
106.5      ~~(1) have not more than ten hooks;~~ 
106.6      ~~(2) be set only in the flowing waters of the river;~~ 
106.7      ~~(3) staked only at one end; and~~ 
106.8      ~~(4) remain at the location designated in the application~~ 
106.9   ~~for license unless approval of the commissioner has been given~~ 
106.10  ~~to change the location.~~  
106.11     ~~(c) Notwithstanding section 97C.391, subdivision 1, rough~~ 
106.12  ~~fish taken under this subdivision may not be bought or sold.~~  
106.13     Subd. 2.  [COMMERCIAL FISH NETTING ~~AND SET LINES~~ ON 
106.14  MISSISSIPPI RIVER.] (a) A license is required to commercially 
106.15  take rough fish with seines ~~and set lines~~ in the Mississippi 
106.16  river from the St. Croix river junction to St. Anthony Falls.  
106.17     (b) A person may take rough fish in the Mississippi river, 
106.18  from the St. Croix river junction to St. Anthony Falls, only 
106.19  with the following equipment and methods: 
106.20     (1) operations shall be conducted only in the flowing 
106.21  waters of the river and in tributary backwaters prescribed by 
106.22  the commissioner; 
106.23     (2) ~~only one set line may be used that has an~~ 
106.24  ~~identification tag and not more than 100 hooks;~~ 
106.25     ~~(3)~~ seines may be used only as prescribed by the 
106.26  commissioner; 
106.27     ~~(4)~~ (3) seines must be hauled to a landing immediately 
106.28  after being placed; 
106.29     ~~(5)~~ (4) two seines may not be joined together in the water; 
106.30     ~~(6)~~ (5) a net may not be raised, laid out, or landed, 
106.31  between sunset and sunrise; and 
106.32     ~~(7)~~ (6) the location of a ~~net or~~ seine may not be changed 
106.33  from the place specified in the license application without 
106.34  notifying the commissioner of the proposed change.  
106.35     Sec. 92.  Minnesota Statutes 1996, section 97C.835, is 
106.36  amended by adding a subdivision to read: 
107.1      Subd. 9.  [TRAWLS IN LAKE SUPERIOR.] (a) This subdivision 
107.2   applies to the use of trawls in Lake Superior.  
107.3      (b) Up to five trawls may be licensed to take fish species 
107.4   listed in subdivision 2.  Trawls must not exceed a size 
107.5   determined by a headrope of 115 feet, the mesh of the webbing in 
107.6   the cod shall be no smaller than 3/4 inch stretch measure, and 
107.7   forward body wing mesh size shall be no smaller than two inches 
107.8   stretch measure. 
107.9      (c) All live game fish species must be returned to the 
107.10  water.  Dead lake trout may be possessed if they are tagged with 
107.11  tags issued from the Lake Superior area fisheries office.  All 
107.12  untagged dead lake trout and all other dead game fish species 
107.13  must be returned to the water.  
107.14     (d) All fish taken, whether retained by the licensee or 
107.15  returned to the lake, must be reported to the Lake Superior area 
107.16  fisheries office before the tenth day of the following month.  
107.17  The commissioner must provide the licensee with the necessary 
107.18  reporting forms. 
107.19     (e) During the closed season for herring, all trawling must 
107.20  be targeted for the harvest of rainbow smelt and restricted to a 
107.21  water depth of 20 fathoms or greater. 
107.22     (f) The commissioner of natural resources may require a 
107.23  licensee to notify the Lake Superior area fisheries office of 
107.24  trawling activities.  
107.25     (g) The commissioner of natural resources may suspend 
107.26  trawling operations to protect aquatic resources and prevent 
107.27  conflicts with other lawful activities. 
107.28     Sec. 93.  Minnesota Statutes 1996, section 103F.378, 
107.29  subdivision 1, is amended to read: 
107.30     Subdivision 1.  [DUTIES.] The Minnesota river basin joint 
107.31  powers board, established under section 471.59 for the purpose 
107.32  of coordinating efforts to improve water quality in the 
107.33  Minnesota river and achieving the goal of making the Minnesota 
107.34  river suitable for fishing and swimming by the year 2005, has 
107.35  the following duties: 
107.36     (1) coordination of comprehensive cleanup goals for the 
108.1   Minnesota river by coordinating the work plans of the 12 major 
108.2   watersheds and the member counties of the joint powers board, 
108.3   state agencies, and the University of Minnesota in cleanup 
108.4   efforts and submission of periodic river cleanup plans for 
108.5   submission to the governor and the legislature; 
108.6      (2) advising on the development and use of monitoring and 
108.7   evaluation systems in the Minnesota river and the incorporation 
108.8   of the data obtained from these systems into the planning 
108.9   process; 
108.10     (3) conducting public meetings of the board on at least a 
108.11  quarterly basis at locations within the Minnesota river basin; 
108.12     (4) conducting an ongoing information and education program 
108.13  concerning the status of the Minnesota river, including an 
108.14  annual conference on the state of the Minnesota river; ~~and~~ 
108.15     (5) providing periodic reports and budget requests to the 
108.16  governor's office and the chairs of the agriculture and 
108.17  environment and natural resources committees of the senate and 
108.18  the house of representatives regarding progress on meeting river 
108.19  water quality management goals and future funding required for 
108.20  this effort~~.~~; 
108.21     (6) advising on the development of projects within the 12 
108.22  major watersheds that are scientifically sound, have landowner 
108.23  support, and reduce inputs of pollutants into the Minnesota 
108.24  river basin; and 
108.25     (7) administering the distribution of project 
108.26  implementation funds for the 12 major watersheds by approving 
108.27  projects, identifying matching components for each project, and 
108.28  tracking the results achieved for each project. 
108.29     Sec. 94.  [115.58] [ALTERNATIVE DISCHARGING SEWAGE SYSTEMS; 
108.30  GENERAL PERMITS.] 
108.31     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
108.32  subdivision apply to this section. 
108.33     (b) "Alternative discharging sewage system" means a sewage 
108.34  treatment system serving one or more dwellings and other 
108.35  establishments that discharges less than 10,000 gallons of water 
108.36  per day and uses any treatment and disposal methods other than 
109.1   subsurface soil treatment and disposal. 
109.2      (c) "Permit" means a National Pollutant Discharge 
109.3   Elimination System permit or state disposal system permit issued 
109.4   to a person for the installation, ownership, management, or 
109.5   control of alternative discharging sewage systems whose 
109.6   operations, emissions, activities, discharges, or facilities are 
109.7   the same or substantially similar. 
109.8      (d) "Water quality cooperative" means an incorporated 
109.9   association of persons organized under chapter 308A to install, 
109.10  own, manage, and control individual sewage treatment systems or 
109.11  alternative discharging sewage systems and provide water quality 
109.12  treatment and management for its members. 
109.13     (e) "Water quality treatment and management services" means 
109.14  the monitoring and control of alternative discharging sewage 
109.15  systems to eliminate or reduce water pollution from point and 
109.16  nonpoint sources, the management, use, reuse, recycling, or 
109.17  reclamation of land, water, or wastewater for water supply, 
109.18  geothermal heating and cooling, fire protection, irrigation, 
109.19  drainage, open space or green belt preservation, storm water 
109.20  control, flood control, or other purposes that are part of a 
109.21  comprehensive plan to reduce, prevent, or eliminate water 
109.22  pollution. 
109.23     Subd. 2.  [AREAWIDE PERMIT.] The agency may issue an 
109.24  areawide permit for alternative discharging sewage systems, 
109.25  where the systems: 
109.26     (1) meet all applicable federal and state standards for 
109.27  treatment and discharge of sewage effluents; 
109.28     (2) are part of a water quality treatment and management 
109.29  plan to prevent, eliminate, or reduce water pollution within a 
109.30  defined geographic area; and 
109.31     (3) are owned or controlled by a water quality cooperative. 
109.32     Subd. 3.  [EXEMPTION FROM INDIVIDUAL SEWAGE TREATMENT 
109.33  SYSTEM REQUIREMENTS.] A system permitted under subdivision 2 is 
109.34  exempt from the requirements of a local ordinance adopted to 
109.35  conform with section 115.55, if the system complies with the 
109.36  applicable standards for discharges and treatment of sewage 
110.1   effluents. 
110.2      Sec. 95.  Minnesota Statutes 1996, section 115A.932, 
110.3   subdivision 1, is amended to read: 
110.4      Subdivision 1.  [PROHIBITIONS.] (a) A person may not place 
110.5   mercury or a thermostat, thermometer, electric switch, 
110.6   appliance, gauge, or medical or scientific instrument from which 
110.7   the mercury has not been removed for reuse or recycling: 
110.8      (1) in solid waste; or 
110.9      (2) in a wastewater disposal system. 
110.10     (b) A person may not knowingly place mercury or a 
110.11  thermostat, thermometer, electric switch, appliance, gauge, or 
110.12  medical or scientific instrument from which the mercury has not 
110.13  been removed for reuse or recycling: 
110.14     (1) in a solid waste processing facility; or 
110.15     (2) in a solid waste disposal facility, as defined in 
110.16  section 115.01, subdivision 4. 
110.17     (c) A person may not knowingly place a fluorescent or high 
110.18  intensity discharge lamp: 
110.19     (1) in solid waste; or 
110.20     (2) in a solid waste facility, except a household hazardous 
110.21  waste collection or recycling facility. 
110.22     This paragraph does not apply to waste lamps generated by 
110.23  households until August 1, 1994. 
110.24     Sec. 96.  Minnesota Statutes 1996, section 115B.02, is 
110.25  amended by adding a subdivision to read: 
110.26     Subd. 9a.  [INSTITUTIONAL CONTROLS.] "Institutional 
110.27  controls" means legally enforceable restrictions, conditions, or 
110.28  controls on the use of real property, groundwater, or surface 
110.29  water located at or adjacent to a facility where response 
110.30  actions are taken that are reasonably required to assure that 
110.31  the response actions are protective of public health or welfare 
110.32  or the environment.  Institutional controls include 
110.33  restrictions, conditions, or controls enforceable by contract, 
110.34  easement, restrictive covenant, statute, ordinance, or rule, 
110.35  including official controls such as zoning, building codes, and 
110.36  official maps.  An affidavit required under section 115B.16, 
111.1   subdivision 2, or similar notice of a release recorded with real 
111.2   property records is also an institutional control. 
111.3      Sec. 97.  Minnesota Statutes 1996, section 115B.02, 
111.4   subdivision 16, is amended to read: 
111.5      Subd. 16.  [REMEDY OR REMEDIAL ACTION.] "Remedy" or 
111.6   "remedial action" means those actions consistent with permanent 
111.7   remedy taken instead of or in addition to removal actions in the 
111.8   event of a release or threatened release of a hazardous 
111.9   substance, or a pollutant or contaminant, into the environment, 
111.10  to prevent, minimize or eliminate the release in order to 
111.11  protect the public health or welfare or the environment.  
111.12     Remedy or remedial action includes, but is not limited to:  
111.13     (a) Actions at the location of the release such as storage, 
111.14  confinement, perimeter protection using dikes, trenches, or 
111.15  ditches, clay cover, neutralization, cleanup of released 
111.16  hazardous substances, pollutants or contaminants, or 
111.17  contaminated materials, recycling or reuse, diversion, 
111.18  destruction, segregation of reactive wastes, dredging or 
111.19  excavations, repair or replacement of leaking containers, 
111.20  collection of leachate and runoff, on-site treatment or 
111.21  incineration, provision of alternative water supplies, ~~and~~ any 
111.22  monitoring and maintenance, and institutional controls, 
111.23  reasonably required to assure that these actions protect the 
111.24  public health and welfare and the environment; and 
111.25     (b) The costs of permanent relocation of residents and 
111.26  businesses and community facilities when the agency determines 
111.27  that, alone or in combination with other measures, relocation is 
111.28  more cost-effective than and environmentally preferable to the 
111.29  transportation, storage, treatment, destruction, or secure 
111.30  disposition off-site of hazardous substances, or pollutants or 
111.31  contaminants, or may otherwise be necessary to protect the 
111.32  public health or welfare.  
111.33     Remedy or remedial action does not include offsite 
111.34  transport of hazardous substances, pollutants or contaminants, 
111.35  or contaminated materials or their storage, treatment, 
111.36  destruction, or secure disposition offsite unless the agency 
112.1   determines that these actions:  
112.2      (1) Are more cost-effective than other remedial actions; 
112.3      (2) Will create new capacity to manage hazardous substances 
112.4   in addition to those located at the affected facility, in 
112.5   compliance with section 116.07 and subtitle C of the Solid Waste 
112.6   Disposal Act, United States Code, title 42, section 6921 et 
112.7   seq.; or 
112.8      (3) Are necessary to protect the public health or welfare 
112.9   or the environment from a present or potential risk which may be 
112.10  created by further exposure to the continued presence of the 
112.11  hazardous substances, pollutants or contaminants, or 
112.12  contaminated materials.  
112.13     Sec. 98.  Minnesota Statutes 1996, section 115B.17, 
112.14  subdivision 14, is amended to read: 
112.15     Subd. 14.  [REQUESTS FOR REVIEW, INVESTIGATION, AND 
112.16  OVERSIGHT.] (a) The commissioner may, upon request, assist a 
112.17  person in determining whether real property has been the site of 
112.18  a release or threatened release of a hazardous substance, 
112.19  pollutant, or contaminant.  The commissioner may also assist in, 
112.20  or supervise, the development and implementation of reasonable 
112.21  and necessary response actions.  Assistance may include review 
112.22  of agency records and files, and review and approval of a 
112.23  requester's investigation plans and reports and response action 
112.24  plans and implementation. 
112.25     (b) Except as otherwise provided in this paragraph, the 
112.26  person requesting assistance under this subdivision shall pay 
112.27  the agency for the agency's cost, as determined by the 
112.28  commissioner, of providing assistance.  A state agency, 
112.29  political subdivision, or other public entity is not required to 
112.30  pay for the agency's cost to review agency records and files.  
112.31  Money received by the agency for assistance under this section 
112.32  must be deposited in the environmental response, compensation, 
112.33  and compliance fund. 
112.34     (c) When a person investigates a release or threatened 
112.35  release in accordance with an investigation plan approved by the 
112.36  commissioner under this subdivision, the investigation does not 
113.1   associate that person with the release or threatened release for 
113.2   the purpose of section 115B.03, subdivision 3, paragraph (d). 
113.3      Sec. 99.  Minnesota Statutes 1996, section 115B.17, 
113.4   subdivision 15, is amended to read: 
113.5      Subd. 15.  [ACQUISITION OF PROPERTY.] The agency may 
113.6   acquire, by purchase or donation, an interest in real property, 
113.7   including easements, restrictive covenants, and leases, that the 
113.8   agency determines is necessary for response action.  The 
113.9   validity and duration of a restrictive covenant or nonpossessory 
113.10  easement acquired under this subdivision shall be determined in 
113.11  the same manner as the validity and duration of a conservation 
113.12  easement under chapter 84C, unless the duration is otherwise 
113.13  provided in the agreement.  The agency may acquire an easement 
113.14  by condemnation only if the agency is unable, after reasonable 
113.15  efforts, to acquire an interest in real property by purchase or 
113.16  donation.  The provisions of chapter 117 govern condemnation 
113.17  proceedings by the agency under this subdivision.  A donation of 
113.18  an interest in real property to the agency is not effective 
113.19  until the agency executes a certificate of acceptance.  The 
113.20  state is not liable under this chapter solely as a result of 
113.21  acquiring an interest in real property under this subdivision. 
113.22     Sec. 100.  Minnesota Statutes 1996, section 115B.17, is 
113.23  amended by adding a subdivision to read: 
113.24     Subd. 17.  [SETTLEMENTS; GENERAL AUTHORITY.] In addition to 
113.25  the general authority vested in the agency to settle any claims 
113.26  under sections 115B.01 to 115B.18, the agency may exercise the 
113.27  settlement authorities provided in subdivisions 17 to 20.  If 
113.28  the agency does not obtain complete relief for all of its claims 
113.29  under sections 115B.01 to 115B.18, pursuant to a settlement, the 
113.30  agency may bring claims under those sections against any person 
113.31  who is not a party to the settlement, but the settlement shall 
113.32  reduce the liability of any person who is not a party to the 
113.33  settlement by the amount of the settlement. 
113.34     Sec. 101.  Minnesota Statutes 1996, section 115B.17, is 
113.35  amended by adding a subdivision to read: 
113.36     Subd. 18.  [CONTRIBUTION PROTECTION FOR 
114.1   SETTLORS.] Notwithstanding anything to the contrary in section 
114.2   115B.08 or any other law, a person who resolves its liability to 
114.3   the agency under sections 115B.01 to 115B.18 in a settlement 
114.4   shall not be liable for any claim for contribution regarding 
114.5   matters addressed in the settlement.  Except as otherwise 
114.6   provided in the settlement, a party to a settlement retains any 
114.7   right under section 115B.08 or any other law to bring a claim 
114.8   for contribution against any person who is not a party to the 
114.9   settlement.  Any claim for contribution against a person who is 
114.10  not a party to the settlement shall be subordinate to any claim 
114.11  asserted against such person by the agency. 
114.12     Sec. 102.  Minnesota Statutes 1996, section 115B.17, is 
114.13  amended by adding a subdivision to read: 
114.14     Subd. 19.  [REIMBURSEMENT UNDER CERTAIN SETTLEMENTS.] (a) 
114.15  When the agency determines that some but not all persons 
114.16  responsible for a release are willing to implement response 
114.17  actions, the agency may agree, pursuant to a settlement of its 
114.18  claims under sections 115B.01 to 115B.18, to reimburse the 
114.19  settling parties for response costs incurred to take the 
114.20  actions.  The agency may agree to reimburse any amount which 
114.21  does not exceed the amount that the agency estimates may be 
114.22  attributable to the liability of responsible persons who are not 
114.23  parties to the settlement.  Reimbursement may be provided only 
114.24  for the cost of conducting remedial design and constructing 
114.25  remedial action pursuant to the terms of the settlement.  
114.26  Reimbursement under this subdivision shall be paid only upon the 
114.27  agency's determination that the remedial action approved by the 
114.28  agency has been completed in accordance with the terms of the 
114.29  settlement.  The agency may use money appropriated to it for 
114.30  actions authorized under section 115B.20, subdivision 2, clause 
114.31  (2), to pay reimbursement under this subdivision. 
114.32     (b) The agency may agree to provide reimbursement under a 
114.33  settlement only when all of the following requirements have been 
114.34  met: 
114.35     (1) the agency has made the determination under paragraph 
114.36  (c) regarding persons who are not participating in the 
115.1   settlement, and has provided written notice to persons 
115.2   identified under paragraph (c), clauses (1) and (2), of their 
115.3   opportunity to participate in the settlement or in a separate 
115.4   settlement under subdivision 20; 
115.5      (2) the release addressed in the settlement has been 
115.6   assigned a priority pursuant to agency rules adopted under 
115.7   subdivision 13, and the priority is at least as high as a 
115.8   release for which the agency would be allowed to allocate funds 
115.9   for remedial action under the rules; 
115.10     (3) an investigation of the release addressed in the 
115.11  settlement has been completed in accordance with a plan approved 
115.12  by the agency; and 
115.13     (4) the agency has approved the remedial action to be 
115.14  implemented under the settlement. 
115.15     (c) Before entering into a settlement providing for 
115.16  reimbursement under this subdivision, the agency shall determine 
115.17  that there are one or more persons who meet any of the following 
115.18  criteria who are not participating in the settlement: 
115.19     (1) persons identified by the agency as responsible for the 
115.20  release addressed in the settlement but who are likely to have 
115.21  only minimal involvement in actions leading to the release, or 
115.22  are insolvent or financially unable to pay any significant share 
115.23  of response action costs; 
115.24     (2) persons identified by the agency as responsible for the 
115.25  release other than persons described in clause (1) and who are 
115.26  unwilling to participate in the settlement or to take response 
115.27  actions with respect to the release; 
115.28     (3) persons whom the agency has reason to believe are 
115.29  responsible for the release addressed in the settlement but whom 
115.30  the agency has been unable to identify; or 
115.31     (4) persons identified to the agency by a party to the 
115.32  proposed settlement as persons who are potentially responsible 
115.33  for the release but for whom the agency has insufficient 
115.34  information to determine responsibility. 
115.35     (d) Except as otherwise provided in this subdivision, a 
115.36  decision of the agency under this subdivision to offer or agree 
116.1   to provide reimbursement in any settlement, or to determine the 
116.2   amount of reimbursement it will provide under a settlement, is a 
116.3   matter of agency discretion in the exercise of its enforcement 
116.4   authority.  In exercising discretion in this matter, the agency 
116.5   may consider, among other factors, the degree of cooperation 
116.6   with the agency that has been shown prior to the settlement by 
116.7   the parties seeking reimbursement. 
116.8      (e) The agency may require as a term of settlement under 
116.9   this subdivision that the parties receiving reimbursement from 
116.10  the agency waive any rights they may have to bring a claim for 
116.11  contribution against persons who are not parties to the 
116.12  settlement. 
116.13     Sec. 103.  Minnesota Statutes 1996, section 115B.17, is 
116.14  amended by adding a subdivision to read: 
116.15     Subd. 20.  [SETTLEMENTS WITH DE MINIMIS PARTIES AND PARTIES 
116.16  WITH LIMITED FINANCIAL RESOURCES.] (a) The agency may agree to 
116.17  separately settle its claims under sections 115B.01 to 115B.18 
116.18  with any persons: 
116.19     (1) whose liability for response costs or response actions, 
116.20  in the determination of the agency, is minimal in comparison 
116.21  with the liability of other persons responsible for the release; 
116.22  or 
116.23     (2) who are responsible for a release but, in the 
116.24  determination of the agency, are insolvent or financially unable 
116.25  to pay any significant share of their liability for the response 
116.26  costs. 
116.27     (b) A settlement under this subdivision may require the 
116.28  parties to pay a fixed amount in money or in kind toward the 
116.29  implementation of response actions, and may include a premium 
116.30  for the risk of additional future response costs or response 
116.31  action requirements.  The agency may require as a term of a 
116.32  settlement under this subdivision that the settling responsible 
116.33  persons waive any rights they may have to bring a claim for 
116.34  contribution against persons who are not parties to the 
116.35  settlement. 
116.36     (c) All amounts paid to the agency under a settlement 
117.1   entered into pursuant to this subdivision shall be deposited in 
117.2   the account and are appropriated to the agency to pay for 
117.3   response actions and associated administrative and legal costs 
117.4   related to the release addressed in the settlement, including 
117.5   reimbursement for response costs under subdivision 19. 
117.6      Sec. 104.  Minnesota Statutes 1996, section 115B.175, 
117.7   subdivision 2, is amended to read: 
117.8      Subd. 2.  [PARTIAL RESPONSE ACTION PLANS; CRITERIA FOR 
117.9   APPROVAL.] (a) The commissioner may approve a voluntary response 
117.10  action plan submitted under this section that does not require 
117.11  removal or remedy of all releases and threatened releases at an 
117.12  identified area of real property if the commissioner determines 
117.13  that all of the following criteria have been met: 
117.14     (1) if reuse or development of the property is proposed, 
117.15  the voluntary response action plan provides for all response 
117.16  actions required to carry out the proposed reuse or development 
117.17  in a manner that meets the same standards for protection that 
117.18  apply to response actions taken or requested under section 
117.19  115B.17, subdivision 1 or 2; 
117.20     (2) the response actions and the activities associated with 
117.21  any reuse or development proposed for the property will not 
117.22  aggravate or contribute to releases or threatened releases that 
117.23  are not required to be removed or remedied under the voluntary 
117.24  response action plan, and will not interfere with or 
117.25  substantially increase the cost of response actions to address 
117.26  the remaining releases or threatened releases; and 
117.27     (3) the owner of the property agrees to cooperate with the 
117.28  commissioner or other persons acting at the direction of the 
117.29  commissioner in taking response actions necessary to address 
117.30  remaining releases or threatened releases, and to avoid any 
117.31  action that interferes with the response actions. 
117.32     (b) Under paragraph (a), clause (3), an owner may be 
117.33  required to agree to any or all of the following terms necessary 
117.34  to carry out response actions to address remaining releases or 
117.35  threatened releases: 
117.36     (1) to provide access to the property to the commissioner 
118.1   and the commissioner's authorized representatives; 
118.2      (2) to allow the commissioner, or persons acting at the 
118.3   direction of the commissioner, to undertake reasonable and 
118.4   necessary activities at the property including placement of 
118.5   borings, wells, equipment, and structures on the property, 
118.6   provided that the activities do not unreasonably interfere with 
118.7   the proposed reuse or redevelopment; and 
118.8      (3) to grant easements or other interests in the property 
118.9   to the agency for any of the purposes provided in clause (1) or 
118.10  (2). 
118.11     (c) An agreement under paragraph (a), clause (3), must 
118.12  apply to and be binding upon the successors and assigns of the 
118.13  owner.  The owner shall record the agreement, or a memorandum 
118.14  approved by the commissioner that summarizes the agreement, with 
118.15  the county recorder or registrar of titles of the county where 
118.16  the property is located. 
118.17     Sec. 105.  Minnesota Statutes 1996, section 115B.175, 
118.18  subdivision 6a, is amended to read: 
118.19     Subd. 6a.  [VOLUNTARY RESPONSE ACTIONS BY RESPONSIBLE 
118.20  PERSONS.] (a) Notwithstanding subdivision 1, paragraph (a), when 
118.21  a person who is responsible for a release or threatened release 
118.22  under sections 115B.01 to 115B.18 undertakes and completes 
118.23  response actions, the protection from liability provided by this 
118.24  section applies to persons described in paragraph (c) if the 
118.25  response actions are undertaken and completed in accordance with 
118.26  this subdivision. 
118.27     (b) The response actions must be undertaken and completed 
118.28  in accordance with a voluntary response action plan approved as 
118.29  provided in subdivision 3.  Notwithstanding subdivision 2, a 
118.30  voluntary response action plan submitted by a person who is 
118.31  responsible for the release or threatened release must require 
118.32  remedy or removal of all releases and threatened releases at the 
118.33  identified area of real property.  The identified area of real 
118.34  property must correspond to the boundaries of a parcel that is 
118.35  either separately platted or is the entire parcel. 
118.36     (c) Subject to the provisions of subdivision 7, when the 
119.1   commissioner issues a certificate of completion under 
119.2   subdivision 5 for response actions completed at an identified 
119.3   area of real property in accordance with this subdivision, the 
119.4   liability protection under this section applies to: 
119.5      (1) a person who acquires the identified real property 
119.6   after approval of the voluntary response action plan; 
119.7      (2) a person providing financing for response actions or 
119.8   development at the identified real property after approval of 
119.9   the response action plan, whether the financing is provided to 
119.10  the person undertaking the response actions or other person who 
119.11  acquires or develops the property; and 
119.12     (3) a successor or assign of a person to whom the liability 
119.13  protection applies under this paragraph. 
119.14     (d) When the commissioner issues a certificate of 
119.15  completion for response actions completed by a responsible 
119.16  person, the commissioner and the responsible person may enter 
119.17  into an agreement that resolves the person's future liability to 
119.18  the agency under sections 115B.01 to 115B.18 for the release or 
119.19  threatened release addressed by the response actions. 
119.20     Sec. 106.  Minnesota Statutes 1996, section 115B.412, 
119.21  subdivision 10, is amended to read: 
119.22     Subd. 10.  [REPORT.] By ~~October~~ December 1 of each year, 
119.23  the commissioner shall report to the environment and natural 
119.24  resources committees and to the appropriate finance committees 
119.25  of the senate and the house of representatives on the 
119.26  commissioner's activities under sections 115B.39 to 115B.43 and 
119.27  the commissioner's anticipated activities during future fiscal 
119.28  years. 
119.29     Sec. 107.  Minnesota Statutes 1996, section 115B.48, 
119.30  subdivision 3, is amended to read: 
119.31     Subd. 3.  [DRYCLEANING FACILITY.] "Drycleaning facility" 
119.32  means a facility located in this state that is or has been used 
119.33  for a drycleaning operation, other than: 
119.34     (1) a coin-operated drycleaning operation; 
119.35     (2) a facility located on a United States military base; 
119.36     (3) a uniform service or linen supply facility; 
120.1      (4) a prison or other penal institution; 
120.2      (5) a facility on the national priorities list established 
120.3   under the Federal Superfund Act; or 
120.4      (6) a facility at which a response action has been taken or 
120.5   started under section 115B.17 before July 1, 1995, except as 
120.6   authorized in a settlement agreement approved by the 
120.7   commissioner by July 1, 1997. 
120.8      Sec. 108.  Minnesota Statutes 1996, section 115B.48, 
120.9   subdivision 8, is amended to read: 
120.10     Subd. 8.  [FULL-TIME EQUIVALENCE.] "Full-time equivalence" 
120.11  means 2,000 hours worked by employees, owners, and others~~, at~~ 
120.12  ~~duties related to the drycleaning operation~~ in a drycleaning 
120.13  facility during a 12-month period beginning July 1 of the 
120.14  preceding year and running through June 30 of the year in which 
120.15  the annual registration fee is due.  For those drycleaning 
120.16  facilities that were in business less than the 12-month period, 
120.17  full-time equivalence means the total of all of the hours worked 
120.18  ~~at duties related to the drycleaning operation~~ in the 
120.19  drycleaning facility, divided by 2,000 and multiplied by a 
120.20  fraction, the numerator of which is 50 and the denominator of 
120.21  which is the number of weeks in business during the reporting 
120.22  period. 
120.23     Sec. 109.  Minnesota Statutes 1996, section 115B.49, 
120.24  subdivision 4, is amended to read: 
120.25     Subd. 4.  [REGISTRATION; FEES.] (a) The owner or operator 
120.26  of a drycleaning facility shall register on or before July 1 of 
120.27  each year with the commissioner of revenue in a manner 
120.28  prescribed by the commissioner of revenue and pay a registration 
120.29  fee for the facility.  The amount of the fee is: 
120.30     (1) $500, for facilities with a full-time equivalence of 
120.31  fewer than five; 
120.32     (2) $1,000, for facilities with a full-time equivalence of 
120.33  five to ten; and 
120.34     (3) $1,500, for facilities with a full-time equivalence of 
120.35  more than ten. 
120.36     (b) A person who sells drycleaning solvents for use by 
121.1   drycleaning facilities in the state shall collect and remit to 
121.2   the commissioner of revenue in a manner prescribed by the 
121.3   commissioner of revenue, on or before the 20th day of the month 
121.4   following the month in which the sales of drycleaning solvents 
121.5   are made, a fee of: 
121.6      (1) $3.50 for each gallon of perchloroethylene sold for use 
121.7   by drycleaning facilities in the state; and 
121.8      (2) 70 cents for each gallon of hydrocarbon-based 
121.9   drycleaning solvent sold for use by drycleaning facilities in 
121.10  the state. 
121.11     (c) The commissioner shall, after a public hearing but 
121.12  notwithstanding section 16A.1285, subdivision 4, annually adjust 
121.13  the fees in this subdivision as necessary to maintain ~~an~~ 
121.14  ~~unencumbered balance in the account~~ annual income of at least 
121.15  ~~$1,000,000~~: 
121.16     (1) $600,000 beginning July 1, 1997; 
121.17     (2) $700,000 beginning July 1, 1998; and 
121.18     (3) $800,000 beginning July 1, 1999. 
121.19  Any adjustment under this paragraph must be prorated among all 
121.20  the fees in this subdivision.  ~~Fees adjusted under this~~ 
121.21  ~~paragraph may not exceed 200 percent of the fees in this~~ 
121.22  ~~subdivision~~ After adjustment under this paragraph, the fees in 
121.23  this subdivision must not be greater than two times their 
121.24  original amount.  The commissioner shall notify the commissioner 
121.25  of revenue of an adjustment under this paragraph no later than 
121.26  March 1 of the year in which the adjustment is to become 
121.27  effective.  The adjustment is effective for sales of drycleaning 
121.28  solvents made, and annual registration fees due, beginning on 
121.29  July 1 of the same year. 
121.30     (d) To enforce this subdivision, the commissioner of 
121.31  revenue may examine documents, assess and collect fees, conduct 
121.32  investigations, issue subpoenas, grant extensions to file 
121.33  returns and pay fees, impose penalties and interest on the 
121.34  annual registration fee under paragraph (a) and the monthly fee 
121.35  under paragraph (b), abate penalties and interest, and 
121.36  administer appeals, in the manner provided in chapters 270 and 
122.1   289A.  The penalties and interest imposed on taxes under chapter 
122.2   297A apply to the fees imposed under this subdivision.  
122.3   Disclosure of data collected by the commissioner of revenue 
122.4   under this subdivision is governed by chapter 270B. 
122.5      Sec. 110.  Minnesota Statutes 1996, section 116.07, 
122.6   subdivision 4d, is amended to read: 
122.7      Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
122.8   fees in amounts not greater than those necessary to cover the 
122.9   reasonable costs of reviewing and acting upon applications for 
122.10  agency permits and implementing and enforcing the conditions of 
122.11  the permits pursuant to agency rules.  Permit fees shall not 
122.12  include the costs of litigation.  The agency shall adopt rules 
122.13  under section 16A.1285 establishing a system for charging permit 
122.14  fees collected under this subdivision.  The fee schedule must 
122.15  reflect reasonable and routine permitting, implementation, and 
122.16  enforcement costs.  The agency may impose an additional 
122.17  enforcement fee to be collected for a period of up to two years 
122.18  to cover the reasonable costs of implementing and enforcing the 
122.19  conditions of a permit under the rules of the agency.  Any money 
122.20  collected under this paragraph shall be deposited in the ~~special~~ 
122.21  ~~revenue account~~ environmental fund. 
122.22     (b) Notwithstanding paragraph (a), and section 16A.1285, 
122.23  subdivision 2, the agency shall collect an annual fee from the 
122.24  owner or operator of all stationary sources, emission 
122.25  facilities, emissions units, air contaminant treatment 
122.26  facilities, treatment facilities, potential air contaminant 
122.27  storage facilities, or storage facilities subject to the 
122.28  requirement to obtain a permit under subchapter V of the federal 
122.29  Clean Air Act, United States Code, title 42, section 7401 et 
122.30  seq., or section 116.081.  The annual fee shall be used to pay 
122.31  for all direct and indirect reasonable costs, including attorney 
122.32  general costs, required to develop and administer the permit 
122.33  program requirements of subchapter V of the federal Clean Air 
122.34  Act, United States Code, title 42, section 7401 et seq., and 
122.35  sections of this chapter and the rules adopted under this 
122.36  chapter related to air contamination and noise.  Those costs 
123.1   include the reasonable costs of reviewing and acting upon an 
123.2   application for a permit; implementing and enforcing statutes, 
123.3   rules, and the terms and conditions of a permit; emissions, 
123.4   ambient, and deposition monitoring; preparing generally 
123.5   applicable regulations; responding to federal guidance; 
123.6   modeling, analyses, and demonstrations; preparing inventories 
123.7   and tracking emissions; and providing information to the public 
123.8   about these activities. 
123.9      (c) The agency shall adopt fee rules in accordance with the 
123.10  procedures in section 16A.1285, subdivision 5, that: 
123.11     (1) will result in the collection, in the aggregate, from 
123.12  the sources listed in paragraph (b), of ~~the following amounts:~~ 
123.13     ~~(1)~~ an amount not less than $25 per ton of each volatile 
123.14  organic compound; pollutant regulated under United States Code, 
123.15  title 42, section 7411 or 7412 (section 111 or 112 of the 
123.16  federal Clean Air Act); and each pollutant, except carbon 
123.17  monoxide, for which a national primary ambient air quality 
123.18  standard has been promulgated; ~~and~~ 
123.19     (2) ~~the agency fee rules~~ may ~~also~~ result in the collection, 
123.20  in the aggregate, from the sources listed in paragraph (b), of 
123.21  an amount not less than $25 per ton of each pollutant not listed 
123.22  in clause (1) that is regulated under this chapter or air 
123.23  quality rules adopted under this chapter~~.~~; and 
123.24     (3) shall collect, in the aggregate, from the sources 
123.25  listed in paragraph (b), the amount needed to match grant funds 
123.26  received by the state under United States Code, title 42, 
123.27  section 7405 (section 105 of the federal Clean Air Act). 
123.28  The agency must not include in the calculation of the aggregate 
123.29  amount to be collected under ~~the fee rules~~ clauses (1) and (2) 
123.30  any amount in excess of 4,000 tons per year of each air 
123.31  pollutant from a source. 
123.32     (d) To cover the reasonable costs described in paragraph 
123.33  (b), the agency shall provide in the rules promulgated under 
123.34  paragraph (c) for an increase in the fee collected in each year 
123.35  by the percentage, if any, by which the Consumer Price Index for 
123.36  the most recent calendar year ending before the beginning of the 
124.1   year the fee is collected exceeds the Consumer Price Index for 
124.2   the calendar year 1989.  For purposes of this paragraph the 
124.3   Consumer Price Index for any calendar year is the average of the 
124.4   Consumer Price Index for all-urban consumers published by the 
124.5   United States Department of Labor, as of the close of the 
124.6   12-month period ending on August 31 of each calendar year.  The 
124.7   revision of the Consumer Price Index that is most consistent 
124.8   with the Consumer Price Index for calendar year 1989 shall be 
124.9   used. 
124.10     (e) Any money collected under paragraphs (b) to (d) must be 
124.11  deposited in an air quality account in the environmental fund 
124.12  and must be used solely for the activities listed in paragraph 
124.13  (b).  
124.14     (f) Persons who wish to construct or expand an air emission 
124.15  facility may offer to reimburse the agency for the costs of 
124.16  staff overtime or consultant services needed to expedite permit 
124.17  review.  The reimbursement shall be in addition to fees imposed 
124.18  by paragraphs (a) to (d).  When the agency determines that it 
124.19  needs additional resources to review the permit application in 
124.20  an expedited manner, and that expediting the review would not 
124.21  disrupt air permitting program priorities, the agency may accept 
124.22  the reimbursement.  Reimbursements accepted by the agency are 
124.23  appropriated to the agency for the purpose of reviewing the 
124.24  permit application.  Reimbursement by a permit applicant shall 
124.25  precede and not be contingent upon issuance of a permit and 
124.26  shall not affect the agency's decision on whether to issue or 
124.27  deny a permit, what conditions are included in a permit, or the 
124.28  application of state and federal statutes and rules governing 
124.29  permit determinations. 
124.30     Sec. 111.  Minnesota Statutes 1996, section 116.07, 
124.31  subdivision 7, is amended to read: 
124.32     Subd. 7.  [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 
124.33  LOT PERMITS.] Any Minnesota county board may, by resolution, 
124.34  with approval of the pollution control agency, assume 
124.35  responsibility for processing applications for permits required 
124.36  by the pollution control agency under this section for livestock 
125.1   feedlots, poultry lots or other animal lots.  The responsibility 
125.2   for permit application processing, if assumed by a county, may 
125.3   be delegated by the county board to any appropriate county 
125.4   officer or employee.  
125.5      (a) For the purposes of this subdivision, the term 
125.6   "processing" includes: 
125.7      (1) the distribution to applicants of forms provided by the 
125.8   pollution control agency; 
125.9      (2) the receipt and examination of completed application 
125.10  forms, and the certification, in writing, to the pollution 
125.11  control agency either that the animal lot facility for which a 
125.12  permit is sought by an applicant will comply with applicable 
125.13  rules and standards, or, if the facility will not comply, the 
125.14  respects in which a variance would be required for the issuance 
125.15  of a permit; and 
125.16     (3) rendering to applicants, upon request, assistance 
125.17  necessary for the proper completion of an application. 
125.18     (b) For the purposes of this subdivision, the term 
125.19  "processing" may include, at the option of the county board, 
125.20  issuing, denying, modifying, imposing conditions upon, or 
125.21  revoking permits pursuant to the provisions of this section or 
125.22  rules promulgated pursuant to it, subject to review, suspension, 
125.23  and reversal by the pollution control agency.  The pollution 
125.24  control agency shall, after written notification, have ~~15~~ 30 
125.25  days to review, suspend, modify, or reverse the issuance of the 
125.26  permit.  After this period, the action of the county board is 
125.27  final, subject to appeal as provided in chapter 14. 
125.28     (c) For the purpose of administration of rules adopted 
125.29  under this subdivision, the commissioner and the agency may 
125.30  provide exceptions for cases where the owner of a feedlot has 
125.31  specific written plans to close the feedlot within five years.  
125.32  These exceptions include waiving requirements for major capital 
125.33  improvements. 
125.34     (d) For purposes of this subdivision, a discharge caused by 
125.35  an extraordinary natural event such as a precipitation event of 
125.36  greater magnitude than the 25-year, 24-hour event, tornado, or 
126.1   flood in excess of the 100-year flood is not a "direct discharge 
126.2   of pollutants." 
126.3      (e) In adopting and enforcing rules under this subdivision, 
126.4   the commissioner shall cooperate closely with other governmental 
126.5   agencies. 
126.6      (f) The pollution control agency shall work with the 
126.7   Minnesota extension service, the department of agriculture, the 
126.8   board of water and soil resources, producer groups, local units 
126.9   of government, as well as with appropriate federal agencies such 
126.10  as the ~~Soil~~ Natural Resources Conservation Service and 
126.11  the ~~Agricultural Stabilization and Conservation Service~~ Farm 
126.12  Service Agency, to notify and educate producers of rules under 
126.13  this subdivision at the time the rules are being developed and 
126.14  adopted and at least every two years thereafter. 
126.15     (g) The pollution control agency shall adopt rules 
126.16  governing the issuance and denial of permits for livestock 
126.17  feedlots, poultry lots or other animal lots pursuant to this 
126.18  section.  A feedlot permit is not required for livestock 
126.19  feedlots with more than ten but less than 50 animal units; 
126.20  provided they are not in shoreland areas.  These rules apply 
126.21  both to permits issued by counties and to permits issued by the 
126.22  pollution control agency directly.  
126.23     (h) The pollution control agency shall exercise supervising 
126.24  authority with respect to the processing of animal lot permit 
126.25  applications by a county.  If a county requests assistance in 
126.26  the development of a feedlot ordinance, the agency and the 
126.27  commissioner of agriculture shall provide information and 
126.28  technical assistance to the county. 
126.29     Sec. 112.  Minnesota Statutes 1996, section 116.92, is 
126.30  amended by adding a subdivision to read: 
126.31     Subd. 8a.  [BAN; MERCURY MANOMETERS.] After June 30, 1997, 
126.32  mercury manometers for use on dairy farms may not be sold or 
126.33  installed, nor may mercury manometers in use on dairy farms be 
126.34  repaired.  After December 31, 2000, all mercury manometers on 
126.35  dairy farms must be removed from use. 
126.36     Sec. 113.  [116.993] [SMALL BUSINESS ENVIRONMENTAL 
127.1   IMPROVEMENT LOAN PROGRAM.] 
127.2      Subdivision 1.  [ESTABLISHMENT.] A small business 
127.3   environmental improvement revolving loan program is established 
127.4   to provide loans to small businesses for the purpose of capital 
127.5   equipment purchases that will meet or exceed environmental rules 
127.6   and regulations or for investigation and cleanup of contaminated 
127.7   sites.  The small business environmental improvement revolving 
127.8   loan program replaces the small business environmental loan 
127.9   program in Minnesota Statutes 1996, section 116.991, and the 
127.10  hazardous waste generator loan program in Minnesota Statutes 
127.11  1996, section 115B.223. 
127.12     Subd. 2.  [ELIGIBLE BORROWER.] To be eligible for a loan 
127.13  under this section, a borrower must: 
127.14     (1) be a small business corporation, sole proprietorship, 
127.15  partnership, or association; 
127.16     (2) be a potential emitter of pollutants to the air, 
127.17  ground, or water; 
127.18     (3) need capital for equipment purchases that will meet or 
127.19  exceed environmental regulations or need capital for site 
127.20  investigation and cleanup; 
127.21     (4) have less than 50 full-time employees; 
127.22     (5) have an after tax profit of less than $500,000; and 
127.23     (6) have a net worth of less than $1,000,000. 
127.24     Subd. 3.  [LOAN APPLICATION AND AWARD PROCEDURE.] The 
127.25  commissioner of the pollution control agency may give priority 
127.26  to applicants that include, but are not limited to, those 
127.27  subject to Clean Air Act standards adopted under United States 
127.28  Code, title 42, section 7412, those undergoing site 
127.29  investigation and remediation, those involved with facility wide 
127.30  environmental compliance and pollution prevention projects, and 
127.31  those determined by the commissioner to be small business 
127.32  outreach priorities.  The commissioner shall decide whether to 
127.33  award a loan to an eligible borrower based on: 
127.34     (1) the applicant's financial need; 
127.35     (2) the applicant's ability to secure and repay the loan; 
127.36  and 
128.1      (3) the expected environmental benefit. 
128.2      Subd. 4.  [SCREENING COMMITTEE.] The commissioner shall 
128.3   appoint a screening committee to evaluate applications and 
128.4   determine loan awards.  The committee shall have diverse 
128.5   expertise in air quality, water quality, solid and hazardous 
128.6   waste management, site response and cleanup, pollution 
128.7   prevention, and financial analysis. 
128.8      Subd. 5.  [LIMITATION ON LOAN OBLIGATION.] Numbers of 
128.9   applications accepted, evaluated, and awarded are based upon the 
128.10  available money in the small business environmental improvement 
128.11  loan account. 
128.12     Subd. 6.  [LOAN CONDITIONS.] A loan made under this section 
128.13  must include: 
128.14     (1) an interest rate that is four percent or one-half the 
128.15  prime rate, whichever is greater; 
128.16     (2) a term of payment of not more than seven years; and 
128.17     (3) an amount not less than $1,000 or exceeding $50,000. 
128.18     Sec. 114.  [116.994] [SMALL BUSINESS ENVIRONMENTAL 
128.19  IMPROVEMENT LOAN ACCOUNT.] 
128.20     The small business environmental improvement loan account 
128.21  is established in the environmental fund.  Repayments of loans 
128.22  made under section 116.993 must be credited to this account.  
128.23  This account replaces the small business environmental loan 
128.24  account in Minnesota Statutes 1996, section 116.992, and the 
128.25  hazardous waste generator loan account in Minnesota Statutes 
128.26  1996, section 115B.224.  The account balances and pending 
128.27  repayments from the small business environmental loan account 
128.28  and the hazardous waste generator account will be credited to 
128.29  this new account.  Money in the account is appropriated to the 
128.30  commissioner for loans under this section. 
128.31     Sec. 115.  Minnesota Statutes 1996, section 116C.834, 
128.32  subdivision 2, is amended to read: 
128.33     Subd. 2.  [COLLECTION AND DEPOSIT.] Fees assessed under 
128.34  subdivision 1 shall be collected by the commissioner of 
128.35  revenue.  All money received pursuant to this subdivision shall 
128.36  be deposited in the ~~special revenue~~ environmental fund. 
129.1      Sec. 116.  Minnesota Statutes 1996, section 116O.09, 
129.2   subdivision 2, is amended to read: 
129.3      Subd. 2.  [DUTIES.] (a) In addition to the duties and 
129.4   powers assigned to the institutes in section 116O.08, the 
129.5   agricultural utilization research institute shall: 
129.6      (1) identify the various market segments characterized by 
129.7   Minnesota's agricultural industry, address each segment's 
129.8   individual needs, and identify development opportunities in each 
129.9   segment; 
129.10     (2) develop and implement a utilization program for each 
129.11  segment that addresses its development needs and identifies 
129.12  techniques to meet those needs; 
129.13     (3) coordinate research among the public and private 
129.14  organizations and individuals specifically addressing procedures 
129.15  to transfer new technology to businesses, farmers, and 
129.16  individuals; ~~and~~ 
129.17     (4) provide research grants to public and private 
129.18  educational institutions and other organizations that are 
129.19  undertaking basic and applied research that would promote the 
129.20  development of the various agricultural industries; and 
129.21     (5) provide financial assistance including, but not limited 
129.22  to:  (i) direct loans, guarantees, interest subsidy payments, 
129.23  and equity investments; and (ii) participation in loan 
129.24  participations.  The board of directors shall establish the 
129.25  terms and conditions of the financial assistance. 
129.26     (b) The agricultural utilization research institute board 
129.27  of directors~~, with the concurrence of the advisory board,~~ shall 
129.28  have the sole approval authority for establishing agricultural 
129.29  utilization research priorities, requests for proposals to meet 
129.30  those priorities, awarding of grants, hiring and direction of 
129.31  personnel, and other expenditures of funds consistent with the 
129.32  adopted and approved mission and goals of the agricultural 
129.33  utilization research institute.  The actions and expenditures of 
129.34  the agricultural utilization research institute are subject to 
129.35  audit and regular annual report to the legislature in general 
129.36  and specifically the house of representatives agriculture 
130.1   committee, the senate agriculture and rural development 
130.2   committee, the house of representatives ~~appropriations~~ 
130.3   environment and natural resources finance committee, and the 
130.4   senate ~~finance committee~~ environment and agriculture budget 
130.5   division. 
130.6      Sec. 117.  Minnesota Statutes 1996, section 116O.09, 
130.7   subdivision 5, is amended to read: 
130.8      Subd. 5.  [ADVISORY BOARD.] A 26-member advisory board 
130.9   ~~is~~ may be established to identify priorities for the 
130.10  agricultural utilization research institute.  Members of the 
130.11  advisory board are appointed by the board.  The advisory board 
130.12  consists of:  the chair of the Minnesota house of 
130.13  representatives agricultural committee; the chair of the 
130.14  Minnesota senate agricultural committee; a representative from 
130.15  each of the ten largest agricultural-related businesses in the 
130.16  state as determined by the corporation; a member from each of 
130.17  the appropriate trade organizations representing producers of 
130.18  beef cattle, dairy, corn, soybeans, pork, wheat, turkey, barley, 
130.19  wild rice, edible beans, eggs, and potatoes; a member of the 
130.20  Farmers's Union; and a member of the Farm Bureau.  Terms and 
130.21  removal of members must be set by the board and members of the 
130.22  advisory board serve without compensation but shall receive 
130.23  their necessary and actual expenses. 
130.24     The advisory board shall annually provide a list of 
130.25  priorities and suggested research and marketing studies that 
130.26  should be performed by the agricultural utilization research 
130.27  institute. 
130.28     Sec. 118.  Minnesota Statutes 1996, section 116O.09, 
130.29  subdivision 9, is amended to read: 
130.30     Subd. 9.  [MEETINGS.] The board of directors shall meet at 
130.31  least twice each year and may hold additional meetings upon 
130.32  giving notice in accordance with the bylaws of the institute.  
130.33  Board meetings are subject to section 471.705, except 
130.34  subdivision 1b as it pertains to proprietary information.  The 
130.35  board may close any portion of a meeting during which 
130.36  proprietary information is to be discussed. 
131.1      Sec. 119.  Minnesota Statutes 1996, section 168.1291, is 
131.2   amended to read: 
131.3      168.1291 [SPECIAL LICENSE PLATES; DESIGN.] 
131.4      Subdivision 1.  [DEFINITION.] For purposes of this section 
131.5   "special license plates" means license plates issued under 
131.6   sections 168.12, subdivisions 2b to 2e; 168.123; 168.129; and 
131.7   168.1292~~; and 168.1296~~. 
131.8      Subd. 2.  [DESIGN OF SPECIAL LICENSE PLATES.] The 
131.9   commissioner shall design a single special license plate that 
131.10  will contain a unique number and a space for a unique symbol.  
131.11  The commissioner shall design a unique symbol related to the 
131.12  purpose of each special license plate.  Any provision of 
131.13  sections 168.12, subdivisions 2b to 2e; 168.123; 168.129; and 
131.14  168.1292~~; and 168.1296~~ that requires the placement of a 
131.15  specified letter or letters on a special license plate applies 
131.16  to those license plates only to the extent that the commissioner 
131.17  includes the letter or letters in the design.  Where a law 
131.18  authorizing a special license plate contains a specific 
131.19  requirement for graphic design of that license plate, that 
131.20  requirement applies to the appropriate unique symbol the 
131.21  commissioner designs. 
131.22     Subd. 3.  [ISSUANCE OF SPECIAL LICENSE PLATES WITH UNIQUE 
131.23  SYMBOLS.] Notwithstanding section 168.12, subdivisions 2b to 2e; 
131.24  168.123; 168.129; or 168.1292~~; or 168.1296~~, beginning with 
131.25  special license plates issued in calendar year 1996 the 
131.26  commissioner shall issue each class of special license plates 
131.27  permanently marked with specific designs under those laws only 
131.28  until the commissioner's supply of those license plates is 
131.29  exhausted.  Thereafter the commissioner shall issue under those 
131.30  laws only the license plate authorized under subdivision 2, with 
131.31  the appropriate unique symbol attached. 
131.32     Subd. 4.  [FEES.] Notwithstanding section 168.12, 
131.33  subdivisions 2b to 2e; 168.123; 168.129; or 168.1292~~; or~~ 
131.34  ~~168.1296~~, the commissioner shall charge a fee of $10 for each 
131.35  set of license plates issued under this section. 
131.36     Subd. 5.  [APPLICATION.] This section does not apply to a 
132.1   special motorcycle license plate designed by the registrar under 
132.2   section 168.123, subdivision 1, clause (2). 
132.3      Sec. 120.  Minnesota Statutes 1996, section 216B.2423, is 
132.4   amended by adding a subdivision to read: 
132.5      Subd. 3.  [STANDARD CONTRACTS FOR WIND ENERGY CONVERSION 
132.6   SYSTEMS.] The public utilities commission shall require a public 
132.7   utility subject to subdivision 1 to develop and file in a form 
132.8   acceptable to the commission by October 1, 1997, a standard form 
132.9   contract for the purchase of electricity from wind conversion 
132.10  systems with installed capacity of two megawatts and less.  For 
132.11  purposes of applying the two megawatts limit, the installed 
132.12  capacity sold to the public utility from a single seller or 
132.13  affiliated group of sellers shall be cumulated.  The standard 
132.14  contract shall include all the terms and conditions for 
132.15  purchasing wind-generated power by the utility, except for price 
132.16  and any other specific terms necessary to ensure system 
132.17  reliability and safety, which shall be separately negotiable. 
132.18     Sec. 121.  Minnesota Statutes 1996, section 216C.41, 
132.19  subdivision 1, is amended to read: 
132.20     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
132.21  subdivision apply to this section: 
132.22     (b) "Qualified hydroelectric facility" means a 
132.23  hydroelectric generating facility in this state that: 
132.24     (1) is located at the site of a dam, if the dam was in 
132.25  existence as of March 31, 1994; and 
132.26     (2) begins generating electricity after July 1, 1994. 
132.27     (c) "Qualified wind energy conversion facility" means a 
132.28  wind energy conversion system that: 
132.29     (1) ~~is located within one county and owned by a natural~~ 
132.30  ~~person who owns the land where the facility is sited, or is a~~ 
132.31  ~~farm-generated wind energy production facility qualifying under~~ 
132.32  ~~section 41B.046, subdivision 1;~~ 
132.33     ~~(2)~~ produces two megawatts or less of electricity as 
132.34  measured by nameplate rating~~;~~ and 
132.35     ~~(3)~~ begins generating electricity after June 30, 1997, and 
132.36  before July 1, 1999; or 
133.1      (2) begins generating electricity after June 30, 1999, 
133.2   produces two megawatts or less of electricity as measured by 
133.3   nameplate rating, and is: 
133.4      (i) located within one county and owned by a natural person 
133.5   who owns the land where the facility is sited; 
133.6      (ii) owned by a Minnesota small business as defined in 
133.7   section 645.445; 
133.8      (iii) owned by a nonprofit organization; or 
133.9      (iv) owned by a tribal council if the facility is located 
133.10  within the boundaries of the reservation. 
133.11     Sec. 122.  Minnesota Statutes 1996, section 223.17, 
133.12  subdivision 3, is amended to read: 
133.13     Subd. 3.  [GRAIN BUYERS AND STORAGE FUND; FEES.] The 
133.14  commissioner shall set the fees for inspections under sections 
133.15  223.15 to 223.22 at levels necessary to pay the expenses of 
133.16  administering and enforcing sections 223.15 to 223.22.  These 
133.17  fees may be adjusted pursuant to the provisions of section 
133.18  16A.1285.  
133.19     ~~The fee for any license issued or renewed prior to June 30,~~ 
133.20  ~~1984, is $100.~~  The fee for any license issued or renewed after 
133.21  June 30, ~~1984~~ 1997, shall be set according to the following 
133.22  schedule: 
133.23     (a) $100 plus ~~$50~~ $100 for each additional location for 
133.24  grain buyers whose gross annual purchases are less than 
133.25  ~~$1,500,000~~ $100,000; 
133.26     (b) $200 plus ~~$50~~ $100 for each additional location for 
133.27  grain buyers whose gross annual purchases are at least 
133.28  ~~$1,500,000~~ $100,000, but not more than ~~$3,000,000~~ $750,000; 
133.29  ~~and~~ 
133.30     (c) $300 plus ~~$50~~ $100 for each additional location for 
133.31  grain buyers whose gross annual purchases are more than 
133.32  ~~$3,000,000.~~ $750,000 but not more than $1,500,000; 
133.33     (d) $400 plus $100 for each additional location for grain 
133.34  buyers whose gross annual purchases are more than $1,500,000 but 
133.35  not more than $3,000,000; and 
133.36     (e) $500 plus $100 for each additional location for grain 
134.1   buyers whose gross annual purchases are more than $3,000,000.  
134.2      There is created in the state treasury the grain buyers and 
134.3   storage fund.  Money collected pursuant to sections 223.15 to 
134.4   223.19 shall be paid into the state treasury and credited to the 
134.5   grain buyers and storage fund and is appropriated to the 
134.6   commissioner for the administration and enforcement of sections 
134.7   223.15 to 223.22. 
134.8      Sec. 123.  Minnesota Statutes 1996, section 236.02, 
134.9   subdivision 1, is amended to read: 
134.10     Subdivision 1.  [LICENSING REQUIREMENT.] A person who (1) 
134.11  operates an establishment that processes grain into feed and (2) 
134.12  is licensed to buy grain as a ~~public or~~ private local grain 
134.13  warehouse operator under section ~~232.22~~ 223.17 may obtain a 
134.14  license to operate a grain bank.  A person licensed under 
134.15  section 232.22 to operate a public grain warehouse is not 
134.16  required to obtain a separate grain bank license.  No person may 
134.17  conduct a grain bank without a grain bank license or a public 
134.18  grain warehouse operator's license. 
134.19     Sec. 124.  Minnesota Statutes 1996, section 236.02, 
134.20  subdivision 2, is amended to read: 
134.21     Subd. 2.  [ISSUANCE.] A grain bank license must be obtained 
134.22  from the department.  The department may issue a grain bank 
134.23  license when the applicant has complied with the bond 
134.24  requirements of sections 236.01 to 236.09.  A grain bank license 
134.25  is required in addition to a license to buy grain as a ~~public or~~ 
134.26  private local grain warehouse operator and permits the licensee 
134.27  to conduct a grain bank in accordance with sections 236.01 to 
134.28  236.09. 
134.29     Sec. 125.  Minnesota Statutes 1996, section 300.11, is 
134.30  amended by adding a subdivision to read: 
134.31     Subd. 5.  [WATER QUALITY UTILITIES.] Notwithstanding any 
134.32  contrary provision in subdivision 1, the term "public utility" 
134.33  also means a person, corporation, cooperative, or other legal 
134.34  entity, their lessees, trustees, and receivers who are 
134.35  operating, maintaining, or controlling equipment or facilities 
134.36  to provide water quality treatment and management services, as 
135.1   defined by section 115.58, subdivision 1, paragraph (e).  
135.2   "Public utility" does not include a municipality that owns or 
135.3   operates equipment or facilities for treating wastewater, 
135.4   furnishing potable water or water for geothermal heating and 
135.5   cooling, managing storm water runoff or drainage, or reducing or 
135.6   eliminating water pollution. 
135.7      Sec. 126.  Minnesota Statutes 1996, section 308A.101, is 
135.8   amended by adding a subdivision to read: 
135.9      Subd. 3.  [WATER QUALITY COOPERATIVE PURPOSE.] A water 
135.10  quality cooperative may only be formed by a cooperative engaged 
135.11  in furnishing potable water or water quality treatment and 
135.12  management services, as defined in section 115.58, subdivision 
135.13  1, paragraph (e), for the purpose of financing or refinancing 
135.14  the construction, improvement, expansion, acquisition, 
135.15  operation, and maintenance of treatment works, sewage systems, 
135.16  storm sewer facilities, water pipelines, and related facilities 
135.17  of its members. 
135.18     Sec. 127.  Minnesota Statutes 1996, section 308A.201, is 
135.19  amended by adding a subdivision to read: 
135.20     Subd. 15.  [WATER QUALITY COOPERATIVE CONDEMNATION 
135.21  POWER.] A water quality cooperative organized in this state may 
135.22  exercise the power of eminent domain in the manner provided by 
135.23  state law for the exercise of the power by corporations engaged 
135.24  in the provision of electric, light, heat, power, or telephone 
135.25  service. 
135.26     Sec. 128.  Minnesota Statutes 1996, section 347.33, 
135.27  subdivision 3, is amended to read: 
135.28     Subd. 3.  [FEES; ISSUANCE OF LICENSE.] The annual license 
135.29  fee is ~~$15~~ $30 for each kennel and ~~$100 for~~ each dealer licensed 
135.30  plus $75 for each inspection by the board of animal health.  
135.31  Routine inspection fees will be due at time of licensing for the 
135.32  coming year.  Complaint inspection fees will be due at the time 
135.33  of the inspection.  All license and inspection fees collected by 
135.34  the board shall be deposited in the state treasury and credited 
135.35  to the general fund. 
135.36     When application is made to the board, complete in the 
136.1   manner set forth by rule to be issued by the board, and upon 
136.2   payment of the license fee, the license shall be issued by the 
136.3   board if, after inspection of the premises, the board determines 
136.4   that the kennel or dealer complies with sections 347.31 to 
136.5   347.40 and the rules promulgated pursuant to those sections. 
136.6      Sec. 129.  Minnesota Statutes 1996, section 394.25, 
136.7   subdivision 2, is amended to read: 
136.8      Subd. 2.  [DISTRICTS SET BY ZONING ORDINANCES.] Zoning 
136.9   ordinances establishing districts within which the use of land 
136.10  or the use of water or the surface of water pursuant to section 
136.11  86B.205 for agriculture, forestry, recreation, residence, 
136.12  industry, trade, soil conservation, water supply conservation, 
136.13  surface water drainage and removal, conservation of shorelands, 
136.14  as defined in sections 103F.201 to 103F.221, and additional uses 
136.15  of land and of the surface of water pursuant to section 86B.205, 
136.16  may be by official controls encouraged, regulated, or prohibited 
136.17  and for such purpose the board may divide the county into 
136.18  districts of such number, shape, and area as may be deemed best 
136.19  suited to carry out the comprehensive plan.  Official controls 
136.20  may also be applied to wetlands preservation, open space, parks, 
136.21  sewage disposal, protection of groundwater, protection of 
136.22  floodplains as defined in section 103F.111, protection of wild, 
136.23  scenic, or recreational rivers as defined in sections 103F.311 
136.24  and 103F.315, protection of slope, soils, unconsolidated 
136.25  materials or bedrock from potentially damaging development, 
136.26  preservation of forests, woodlands and essential wildlife 
136.27  habitat, reclamation of nonmetallic mining lands; protection and 
136.28  encouragement of access to direct sunlight for solar energy 
136.29  systems as defined in section 216C.06, subdivision 8; and the 
136.30  preservation of agricultural lands.  Official controls may 
136.31  include provisions for purchase of development rights by the 
136.32  board in the form of conservation easements under chapter 84C in 
136.33  areas where preservation is considered by the board to be 
136.34  desirable, and the transfer of development rights from those 
136.35  areas to areas the board considers more desirable for 
136.36  development. 
137.1      Sec. 130.  Minnesota Statutes 1996, section 394.25, is 
137.2   amended by adding a subdivision to read: 
137.3      Subd. 3b.  [FEEDLOT ZONING ORDINANCES.] (a) A county 
137.4   proposing to adopt a new feedlot ordinance or amend an existing 
137.5   feedlot ordinance must notify the pollution control agency and 
137.6   commissioner of agriculture at the beginning of the process to 
137.7   actively participate in the development of the new feedlot 
137.8   ordinance or amendment to an existing ordinance. 
137.9      (b) Prior to final approval of a feedlot ordinance, a 
137.10  county board may submit a copy of the proposed ordinance to the 
137.11  pollution control agency and to the commissioner of agriculture 
137.12  and request review and comment on the environmental and 
137.13  agricultural effects from specific provisions in the ordinance.  
137.14     (c) If requested under paragraph (b) or if the pollution 
137.15  control agency or the commissioner of agriculture determines 
137.16  that it is appropriate, the agency or the commissioner may 
137.17  provide a feedlot ordinance advisory report to the county 
137.18  board.  The advisory report may include: 
137.19     (1) any recommendations for improvements in the ordinance; 
137.20  and 
137.21     (2) the legal, social, economic, or scientific 
137.22  justification for each recommendation under clause (1). 
137.23     (d) A local ordinance that contains a setback for new 
137.24  feedlots from existing residences must also provide for a new 
137.25  residence setback from existing feedlots located in areas zoned 
137.26  agricultural at the same distances and conditions specified in 
137.27  the setback for new feedlots, unless the new residence is built 
137.28  to replace an existing residence.  A county may grant a variance 
137.29  from this requirement under section 394.27, subdivision 7. 
137.30     Sec. 131.  Minnesota Statutes 1996, section 446A.02, 
137.31  subdivision 6, is amended to read: 
137.32     Subd. 6.  [PROJECT.] "Project" means the acquisition, 
137.33  construction, improvement, expansion, repair, or rehabilitation 
137.34  of all or part of any structure, facility, or equipment 
137.35  necessary for a wastewater treatment system ~~or~~, water supply 
137.36  system, or alternative discharging sewage system that is part of 
138.1   a permit issued under section 115.58, subdivision 1, paragraph 
138.2   (c). 
138.3      Sec. 132.  Minnesota Statutes 1996, section 462.357, 
138.4   subdivision 1, is amended to read: 
138.5      Subdivision 1.  [AUTHORITY FOR ZONING.] For the purpose of 
138.6   promoting the public health, safety, morals, and general 
138.7   welfare, a municipality may by ordinance regulate on the earth's 
138.8   surface, in the air space above the surface, and in subsurface 
138.9   areas, the location, height, width, bulk, type of foundation, 
138.10  number of stories, size of buildings and other structures, the 
138.11  percentage of lot which may be occupied, the size of yards and 
138.12  other open spaces, the density and distribution of population, 
138.13  the uses of buildings and structures for trade, industry, 
138.14  residence, recreation, public activities, or other purposes, and 
138.15  the uses of land for trade, industry, residence, recreation, 
138.16  agriculture, forestry, soil conservation, water supply 
138.17  conservation, conservation of shorelands, as defined in sections 
138.18  103F.201 to 103F.221, access to direct sunlight for solar energy 
138.19  systems as defined in section 216C.06, flood control or other 
138.20  purposes, and may establish standards and procedures regulating 
138.21  such uses.  To accomplish these purposes, official controls may 
138.22  include provision for purchase of development rights by the 
138.23  governing body in the form of conservation easements under 
138.24  chapter 84C in areas where the governing body considers 
138.25  preservation desirable and the transfer of development rights 
138.26  from those areas to areas the governing body considers more 
138.27  appropriate for development.  No regulation may prohibit earth 
138.28  sheltered construction as defined in section 216C.06, 
138.29  subdivision 2, relocated residential buildings, or manufactured 
138.30  homes built in conformance with sections 327.31 to 327.35 that 
138.31  comply with all other zoning ordinances promulgated pursuant to 
138.32  this section.  The regulations may divide the surface, above 
138.33  surface, and subsurface areas of the municipality into districts 
138.34  or zones of suitable numbers, shape, and area.  The regulations 
138.35  shall be uniform for each class or kind of buildings, 
138.36  structures, or land and for each class or kind of use throughout 
139.1   such district, but the regulations in one district may differ 
139.2   from those in other districts.  The ordinance embodying these 
139.3   regulations shall be known as the zoning ordinance and shall 
139.4   consist of text and maps.  A city may by ordinance extend the 
139.5   application of its zoning regulations to unincorporated 
139.6   territory located within two miles of its limits in any 
139.7   direction, but not in a county or town which has adopted zoning 
139.8   regulations; provided that where two or more noncontiguous 
139.9   municipalities have boundaries less than four miles apart, each 
139.10  is authorized to control the zoning of land on its side of a 
139.11  line equidistant between the two noncontiguous municipalities 
139.12  unless a town or county in the affected area has adopted zoning 
139.13  regulations.  Any city may thereafter enforce such regulations 
139.14  in the area to the same extent as if such property were situated 
139.15  within its corporate limits, until the county or town board 
139.16  adopts a comprehensive zoning regulation which includes the area.
139.17     Sec. 133.  Minnesota Statutes 1996, section 477A.12, is 
139.18  amended to read: 
139.19     477A.12 [ANNUAL APPROPRIATIONS; LANDS ELIGIBLE; 
139.20  CERTIFICATION OF ACREAGE.] 
139.21     (a) There is annually appropriated to the commissioner of 
139.22  natural resources from the general fund for payment to counties 
139.23  within the state an amount equal to: 
139.24     (1) for acquired natural resources land, $3 multiplied by 
139.25  the total number of acres of acquired natural resources land or, 
139.26  beginning July 1, 1996, at the county's option ~~three-fourths of~~ 
139.27  ~~one~~ 0.85 percent of the appraised value of all acquired natural 
139.28  resources land in the county, whichever is greater; 
139.29     (2) ~~75~~ 85 cents multiplied by the number of acres of 
139.30  county-administered other natural resources land; and 
139.31     (3) ~~37.5~~ 42.5 cents multiplied by the number of acres of 
139.32  commissioner-administered other natural resources land located 
139.33  in each county as of July 1 of each year. 
139.34     (b) Lands for which payments in lieu are made pursuant to 
139.35  section 97A.061, subdivision 3, and Laws 1973, chapter 567, 
139.36  shall not be eligible for payments under this section.  Each 
140.1   county auditor shall certify to the department of natural 
140.2   resources during July of each year the number of acres of 
140.3   county-administered other natural resources land within the 
140.4   county.  The department of natural resources may, in addition to 
140.5   the certification of acreage, require descriptive lists of land 
140.6   so certified.  The commissioner of natural resources shall 
140.7   determine and certify the number of acres of acquired natural 
140.8   resources land and commissioner-administered natural resources 
140.9   land within each county. 
140.10     (c) For the purposes of this section, the appraised value 
140.11  of acquired natural resources land is the purchase price for the 
140.12  first five years after acquisition.  The appraised value of 
140.13  acquired natural resources land received as a donation is the 
140.14  value determined for the commissioner of natural resources by a 
140.15  licensed appraiser, or the county assessor's estimated market 
140.16  value if no appraisal is done.  The appraised value must be 
140.17  determined by the county assessor every five years after the 
140.18  land is acquired. 
140.19     Sec. 134.  Minnesota Statutes 1996, section 477A.14, is 
140.20  amended to read: 
140.21     477A.14 [USE OF FUNDS.] 
140.22     Forty percent of the total payment to the county shall be 
140.23  deposited in the county general revenue fund to be used to 
140.24  provide property tax levy reduction.  The remainder shall be 
140.25  distributed by the county in the following priority:  
140.26     (a) ~~37.5~~ 42.5 cents for each acre of county-administered 
140.27  other natural resources land shall be deposited in a resource 
140.28  development fund to be created within the county treasury for 
140.29  use in resource development, forest management, game and fish 
140.30  habitat improvement, and recreational development and 
140.31  maintenance of county-administered other natural resources 
140.32  land.  Any county receiving less than $5,000 annually for the 
140.33  resource development fund may elect to deposit that amount in 
140.34  the county general revenue fund; 
140.35     (b) From the funds remaining, within 30 days of receipt of 
140.36  the payment to the county, the county treasurer shall pay each 
141.1   organized township 30 cents per acre of acquired natural 
141.2   resources land and 7.5 cents per acre of other natural resources 
141.3   land located within its boundaries.  Payments for natural 
141.4   resources lands not located in an organized township shall be 
141.5   deposited in the county general revenue fund.  Payments to 
141.6   counties and townships pursuant to this paragraph shall be used 
141.7   to provide property tax levy reduction.  Provided that, if the 
141.8   total payment to the county pursuant to section 477A.12 is not 
141.9   sufficient to fully fund the distribution provided for in this 
141.10  clause, the amount available shall be distributed to each 
141.11  township and the county general revenue fund on a pro rata 
141.12  basis; and 
141.13     (c) Any remaining funds shall be deposited in the county 
141.14  general revenue fund.  Provided that, if the distribution to the 
141.15  county general revenue fund exceeds $35,000, the excess shall be 
141.16  used to provide property tax levy reduction. 
141.17     Sec. 135.  Laws 1995, chapter 220, section 19, subdivision 
141.18  11, is amended to read: 
141.19  Subd. 11.  Energy 
141.20  (a) ~~INTER-CITY~~ ~~ELECTRIC VEHICLE~~ 
141.21  ~~TRANSPORTATION DEMONSTRATION~~             ~~150,000~~ 
141.22  ~~This appropriation is from the oil~~ 
141.23  ~~overcharge money to the commissioner of~~ 
141.24  ~~administration for an agreement with~~ 
141.25  ~~Minnesota Power and Light Company to~~ 
141.26  ~~develop and evaluate an electric~~ 
141.27  ~~vehicle infrastructure with charging~~ 
141.28  ~~stations for use between Duluth and St.~~ 
141.29  ~~Paul, including installation of a~~ 
141.30  ~~charging station at the state of~~ 
141.31  ~~Minnesota central motor pool location.~~  
141.32  ~~This appropriation must be matched by~~ 
141.33  ~~at least $30,000 of nonstate money.~~  
141.34  ~~(b)~~ SUSTAINABLE DEVELOPMENT OF WIND 
141.35  ENERGY ON FAMILY FARMS                   200,000 
141.36  This appropriation is from the oil 
141.37  overcharge money to the commissioner of 
141.38  administration for an agreement with 
141.39  the sustainable resources center to 
141.40  provide technical assistance and 
141.41  technology transfer for the development 
141.42  of wind energy harvesting. 
141.43  ~~(c)~~ (b) ONE-MEGAWATT HYBRID ELECTRICAL 
141.44  GENERATION SIMULATION PROJECT             50,000 
141.45  This appropriation is from the oil 
141.46  overcharge money to the commissioner of 
141.47  administration for an agreement with 
142.1   Dan Mar & Associates in cooperation 
142.2   with the agriculture utilization 
142.3   research institute for a simulation 
142.4   project using biofuel electrical 
142.5   generation to firm up wind power to 
142.6   provide electrical energy on demand. 
142.7   ~~(d)~~ (c) AVIAN POPULATION ANALYSIS FOR WIND 
142.8   POWER GENERATION REGIONS                  75,000 
142.9   This appropriation is from the oil 
142.10  overcharge money to the commissioner of 
142.11  administration for an agreement with 
142.12  American Wind Energy Association to 
142.13  identify and assess significant avian 
142.14  activity areas within identified wind 
142.15  farm corridors in Minnesota.  This 
142.16  appropriation must be matched by at 
142.17  least $75,000 of nonstate money. 
142.18  This project must be completed and 
142.19  final products delivered by December 
142.20  31, 1997, and the appropriation is 
142.21  available until that date. 
142.22  ~~(e)~~ (d) ENERGY IMPROVEMENTS IN PUBLIC 
142.23  ICE ARENAS                               470,000 
142.24  This appropriation is from the oil 
142.25  overcharge money to the commissioner of 
142.26  administration for an agreement with 
142.27  the Center for Energy and Environment 
142.28  to assess, install, and evaluate energy 
142.29  and indoor air quality improvements in 
142.30  at least 25 publicly owned ice arenas 
142.31  located throughout Minnesota.  Projects 
142.32  receiving funding from this 
142.33  appropriation must be in compliance 
142.34  with the indoor ice facilities prime 
142.35  ice time and gender preference 
142.36  requirements in Minnesota Statutes, 
142.37  section 15.98.  This appropriation is 
142.38  for up to 50 percent of the cost of 
142.39  retrofit activities. 
142.40     Sec. 136.  Laws 1996, chapter 463, section 7, subdivision 
142.41  24, is amended to read: 
142.42  Subd. 24.  McQuade Public Access                        500,000
142.43  For acquisition and development of a 
142.44  public access on Lake Superior in the 
142.45  city of Duluth, the town of Duluth, and 
142.46  the town of Lakewood.  ~~This~~ 
142.47  ~~appropriation must be matched by a~~ 
142.48  ~~total of $350,000 from~~ $200,000 of this 
142.49  appropriation is available without 
142.50  match and the remaining $300,000 is 
142.51  available to the extent matched by the 
142.52  iron range resources and rehabilitation 
142.53  board and nonstate sources and is 
142.54  contingent on sufficient land owned by 
142.55  the cities and the town, the value of 
142.56  which may not be applied as part of the 
142.57  required match, being made available to 
142.58  complete the project. 
142.59     Sec. 137.  [AGRICULTURAL IMPROVEMENTS; WIND ENERGY 
142.60  CONVERSION FACILITY PILOT PROGRAM.] 
143.1      Subdivision 1.  [LOANS AUTHORIZED.] The Minnesota rural 
143.2   finance authority shall establish a pilot program to participate 
143.3   in loans to an eligible borrower through the agricultural 
143.4   improvement loan program under Minnesota Statutes, section 
143.5   41B.043, for wind energy conversion facilities.  Except as 
143.6   specifically provided in subdivision 2, all loans made under 
143.7   this section must comply with Minnesota Statutes, chapter 41B. 
143.8      Subd. 2.  [LOAN PARTICIPATION; REPAYMENT; LIFETIME LIMIT 
143.9   EXCLUSION.] Participation by the authority under this section is 
143.10  limited to a total of $3,000,000.  The authority is limited on a 
143.11  particular loan to 45 percent of the principal amount or 
143.12  $500,000, whichever is less.  A loan must have a term of no more 
143.13  than 20 years.  Loans under this section must not be included in 
143.14  the lifetime limitation calculated under Minnesota Statutes, 
143.15  section 41B.03, subdivision 1.  A loan origination fee of up to 
143.16  one-half percent may be charged by the authority. 
143.17     Subd. 3.  [REPORT.] By January 15, 1999, the rural finance 
143.18  authority must report to the senate committee on agriculture and 
143.19  rural development, the senate environment and agriculture budget 
143.20  division, the house committee on agriculture, and the house 
143.21  committee on environmental finance on the status of loans made 
143.22  under this pilot program.  The report must include 
143.23  recommendations on whether to make permanent changes to the 
143.24  agricultural improvement loan program that allow for increased 
143.25  participation by the state in wind energy conversion facility 
143.26  loans. 
143.27     Sec. 138.  [PROTECTION OF SCENIC PINE FOREST AREA.] 
143.28     The commissioner of natural resources shall negotiate with 
143.29  the city of Duluth, the Duluth Airport Authority, and other 
143.30  federal, state, and local parties to classify the land subject 
143.31  to the 1939 conveyance to provide a level of protection 
143.32  sufficient to ensure the continued ecological integrity of the 
143.33  area and to prohibit further cutting of the scenic pine forest 
143.34  area. 
143.35     Sec. 139.  [DEER WINTER SURVIVAL WORK GROUP.] 
143.36     The section of wildlife of the department of natural 
144.1   resources, representatives of the Minnesota Deer Hunters 
144.2   Association, and representatives of other groups or individuals 
144.3   interested in deer hunting and deer management in this state 
144.4   shall meet as a work group to develop recommendations on deer 
144.5   feeding and other deer management options to provide for 
144.6   management of deer and deer winter survival in this state. 
144.7      The work group shall develop a plan for deer management in 
144.8   winter that provides recommendations on deer management and 
144.9   feeding needs.  The work group shall examine and make reports on 
144.10  the following: 
144.11     (1) when and where deer feeding may be appropriate; 
144.12     (2) appropriate funding mechanisms, criteria, and delivery 
144.13  systems when feeding is determined to be appropriate; 
144.14     (3) other winter-related deer management needs and 
144.15  practices, such as food plots, wintering area identification and 
144.16  protection, deer yard improvement, browse regeneration, 
144.17  openings, and other deer foraging areas; and 
144.18     (4) needs for improving understanding of deer wintering 
144.19  requirements and management practices.  The work group shall 
144.20  recommend any statutory changes or funding necessary to 
144.21  accomplish those needs. 
144.22     The work group shall operate on a consensus basis and shall 
144.23  report its recommendations back to the house and senate 
144.24  environment and natural resources committees, the house 
144.25  environment and natural resources finance committee, and the 
144.26  senate environment and agriculture budget division by January 
144.27  15, 1998. 
144.28     Sec. 140.  [ELECTRONIC LICENSING; RETRAINING OF AFFECTED 
144.29  STATE EMPLOYEES.] 
144.30     (a) If any employees of the department of natural resources 
144.31  are affected by the implementation of Minnesota Statutes, 
144.32  section 84.027, subdivision 15, the commissioner shall meet and 
144.33  negotiate with the exclusive representatives of the affected 
144.34  employees.  Bargaining under this section must have as its 
144.35  purpose the achievement of the highest possible degree of public 
144.36  service delivery to the citizens of Minnesota and the provision 
145.1   of appropriate incentives to any affected state employees.  
145.2   Incentives may include, but are not limited to, early retirement 
145.3   incentives, negotiated options in place of layoffs, job training 
145.4   and retraining opportunities, and enhanced severance. 
145.5      (b) The commissioner and the representatives of any 
145.6   employees affected by the implementation of Minnesota Statutes, 
145.7   section 84.027, subdivision 15, shall determine the employee 
145.8   training and retraining required for any employees affected by 
145.9   Minnesota Statutes, section 84.027, subdivision 15.  Employees 
145.10  whose job duties are affected by Minnesota Statutes, section 
145.11  84.027, subdivision 15, must be given the opportunity to take 
145.12  part in training or retraining for new job duties.  Employees 
145.13  affected by Minnesota Statutes, section 84.027, subdivision 15, 
145.14  must be trained or retrained for agency positions before new 
145.15  hiring takes place. 
145.16     Sec. 141.  [SALE OF STATE FOREST LAND.] 
145.17     (a) Notwithstanding Minnesota Statutes, section 89.01, 
145.18  subdivision 5, the commissioner of natural resources may sell 
145.19  school trust and acquired state land in the Richard J. Dorer 
145.20  Memorial Hardwood State Forest described in this section in the 
145.21  manner for sale of trust fund and acquired lands under Minnesota 
145.22  Statutes, chapter 92 or 94. 
145.23     (b) The land that may be sold is described as follows: 
145.24     (1) Township 110 North, Range 12 West, Section 28, the 
145.25  Southeast Quarter of the Southwest Quarter containing 40 acres 
145.26  more or less and the Southwest Quarter of the Southeast Quarter 
145.27  containing 40 acres more or less, in Wabasha County; 
145.28     (2) Township 107 North, Range 8 West, Section 16, the 
145.29  Northeast Quarter of the Southeast Quarter containing 40 acres 
145.30  more or less, the Southwest Quarter of the Southeast Quarter 
145.31  containing 40 acres more or less, in Winona County; 
145.32     (3) Township 106 North, Range 5 West, Section 30, the 
145.33  Southeast Quarter of the Southeast Quarter containing 40 acres 
145.34  more or less, in Winona County; 
145.35     (4) Township 106 North, Range 6 West, Section 36, the 
145.36  Northeast Quarter of the Southeast Quarter containing 40 acres 
146.1   more or less, in Winona County; and 
146.2      (5) Township 104 North, Range 6 West, Section 6, the 
146.3   Southwest Quarter of the Northwest Quarter containing 38.28 
146.4   acres more or less, in Houston County. 
146.5      Sec. 142.  [SALE OF TRUST FUND LAND IN HUBBARD COUNTY.] 
146.6      (a) Notwithstanding Minnesota Statutes, section 92.45, the 
146.7   commissioner of natural resources may sell the state trust fund 
146.8   land bordering on public waters described in paragraph (c) in 
146.9   accordance with the procedures in Minnesota Statutes, chapter 92.
146.10     (b) The conveyance shall be in a form approved by the 
146.11  attorney general. 
146.12     (c) The land that may be sold is located in Hubbard County 
146.13  and is described as:  that part of the Southeast Quarter of the 
146.14  Southeast Quarter of Section 8, Township 144 North, Range 32 
146.15  West, Hubbard County, Minnesota, lying easterly of the Necktie 
146.16  River and northerly of the centerline of county state-aid 
146.17  highway No. 16, containing up to 5 acres, more or less. 
146.18     (d) The sale will result in the elimination of a trespass 
146.19  situation with the adjacent landowner who built a house on the 
146.20  property in 1989. 
146.21     Sec. 143.  [SALE OF STATE LAND IN OTTER TAIL COUNTY.] 
146.22     (a) Notwithstanding the public sale requirements of 
146.23  Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
146.24  of natural resources may sell by private sale, for a 
146.25  consideration not less than its appraised value, the land 
146.26  described in paragraph (c), under the remaining provisions of 
146.27  Minnesota Statutes, chapter 94. 
146.28     (b) The conveyance shall be in a form approved by the 
146.29  attorney general. 
146.30     (c) The land that may be sold is located in Otter Tail 
146.31  County and is described as:  all that part of the Southwest 
146.32  Quarter of the Southeast Quarter of Section 22, Township 137, 
146.33  Range 42, Otter Tail County, Minnesota described as follows:  
146.34  beginning at the South Quarter corner of said Section 22; thence 
146.35  on an assumed bearing of North 0 degrees 31 minutes 36 seconds 
146.36  East along the west line of said Southwest Quarter of the 
147.1   Southeast Quarter, a distance of 442.58 feet; thence South 19 
147.2   degrees 29 minutes 47 seconds East a distance of 108.74 feet; 
147.3   thence southeasterly on a tangential curve, concave to the 
147.4   northeast, having a radius of 498.22 feet and a central angle of 
147.5   69 degrees 43 minutes 29 seconds, for an arc distance of 606.30 
147.6   feet to the easterly line of a tract of land described in Book 
147.7   392 of Deeds, page 509, Office of the Otter Tail County 
147.8   Recorder; thence South 10 degrees 03 minutes 49 seconds West 
147.9   along said easterly line, a distance of 14.18 feet to the 
147.10  southeast corner of said tract of land described in Book 392 of 
147.11  Deeds, page 509; thence North 89 degrees 20 minutes 11 seconds 
147.12  West along the south line of said Section 22, a distance of 
147.13  500.80 feet to the point of beginning, containing 1.44 acres 
147.14  more or less, subject to easements and reservations of public 
147.15  record, if any.  The grantor, for itself, its successors and 
147.16  assigns, reserves an easement for use and maintenance of the 
147.17  existing ditch over and across the above described parcel, being 
147.18  a strip of land 33 feet in width lying 16.5 feet on each side of 
147.19  the centerline of the existing ditch running in a southwesterly 
147.20  direction from the township road to the west line of said 
147.21  Southwest Quarter of the Southeast Quarter. 
147.22     (d) The commissioner has determined that the land is no 
147.23  longer useful for any natural resource purpose, or any other 
147.24  public purpose, and intends to sell this unneeded land to the 
147.25  adjoining landowner to resolve an inadvertent trespass. 
147.26     Sec. 144.  [SALE OF STATE LAND IN CROW WING COUNTY.] 
147.27     (a) Notwithstanding Minnesota Statutes, section 92.45, the 
147.28  commissioner of natural resources may sell acquired state land 
147.29  bordering public waters described in this section in accordance 
147.30  with Minnesota Statutes, section 85.015, subdivision 1, 
147.31  paragraph (b), and chapter 94. 
147.32     (b) The land that may be sold is located in Crow Wing 
147.33  County and is described as follows: 
147.34     (1) Lot 3, Block 5, Plat of Paul Bunyan Trail, Nisswa 
147.35  Addition; and 
147.36     (2) Lot 5, Block 5, Plat of Paul Bunyan Trail, Nisswa 
148.1   Addition. 
148.2      Sec. 145.  [SALE OF SURPLUS LAND FOR RECREATIONAL PURPOSES 
148.3   IN PINE COUNTY.] 
148.4      (a) Notwithstanding Minnesota Statutes, section 92.45, the 
148.5   commissioner of natural resources may sell the land described in 
148.6   paragraph (b) to the city of Willow River in the manner 
148.7   prescribed by Minnesota Statutes, section 84.027, subdivision 
148.8   10.  The conveyance must provide that the land revert to the 
148.9   state of Minnesota should the land cease to be retained and 
148.10  developed as Stanton Lake Park for public use. 
148.11     (b) The land that may be sold is located in Pine county and 
148.12  described as: 
148.13     All that part of the following described tract:  that part 
148.14  of the Northeast Quarter of the Southwest Quarter of Section 2, 
148.15  Township 44 North, Range 20 West, of the Fourth Principal 
148.16  Meridian, situated in Pine County, described as follows:  
148.17  beginning at a point on the east and west one quarter line of 
148.18  Section 2 at the intersection with the easterly right-of-way 
148.19  line of U.S. Highway No. 61; thence in a southerly direction 
148.20  along said easterly right-of-way line of U.S. Highway No. 61 a 
148.21  distance of 695 feet; thence in a northeasterly direction at an 
148.22  angle of 60 degrees with the U.S. Highway No. 61 right-of-way 
148.23  line for a distance of 410 feet to a point on the lake bank; 
148.24  thence in a northeasterly direction at an angle of 153 degrees 
148.25  35 minutes with the preceding line to the intersection with the 
148.26  east and west one quarter line of Section 2, thence in a 
148.27  westerly direction along said east and west one quarter line of 
148.28  Section 2 to point of beginning, containing 5.81 acres, more or 
148.29  less.  
148.30     (c) This property was purchased for development of the 
148.31  Stanton Lake dam.  The state, its agents, and servants shall 
148.32  retain ownership of the dam and retain perpetual access to the 
148.33  dam via the existing road for the purposes of inspection, 
148.34  maintenance, repair, or reconstruction.  The state shall not be 
148.35  held liable to make any immediate repairs on the dam.  Such work 
148.36  shall be based on availability of dam maintenance funds.  The 
149.1   land in this section is not needed for resource management and 
149.2   has been declared surplus.  It best serves the public interest 
149.3   if this property is sold and proceeds used for acquisition of 
149.4   other land. 
149.5      Sec. 146.  [HORSESHOE BAY LEASES.] 
149.6      Subdivision 1.  [DEFINITIONS.] (a) "Lessee" means a lessee 
149.7   of lands leased under Minnesota Statutes, section 92.46, that 
149.8   are located in Section 16, Township 62 North, Range 4 East, Cook 
149.9   county, of record with the commissioner of natural resources as 
149.10  of May 14, 1993. 
149.11     (b) "New lease" means a lease issued after the effective 
149.12  date of this act under the terms and conditions specified in 
149.13  Minnesota Statutes, section 92.46, subdivisions 1, 1a, and 3, 
149.14  except that the lease may be for a life term and is not 
149.15  assignable or transferable and may not be amended to include 
149.16  additional lessees. 
149.17     Subd. 2.  [OPTIONS FOR LESSEES.] (a) If requested in 
149.18  writing by a lessee before January 1, 1998, the commissioner 
149.19  shall, at the lessee's option: 
149.20     (1) pay to the lessee the appraised value of the lessee's 
149.21  improvements on the land and terminate the existing lease as of 
149.22  the date of payment for improvements; or 
149.23     (2) issue a new lease for the life of the lessee that 
149.24  provides that when the lease term expires, the commissioner 
149.25  shall pay to the lessee or a beneficiary that must be designated 
149.26  in writing by the lessee the appraised value of the lessee's 
149.27  improvements on the land.  A lessee who elects this option may 
149.28  elect to terminate the lease at any time during the term of the 
149.29  lease in exchange for payment by the commissioner for the 
149.30  appraised value of the lessee's improvements on the land. 
149.31     (b) If the commissioner has not received written notice of 
149.32  a lessee's election by January 1, 1998, the commissioner may 
149.33  proceed under paragraph (a), clause (1). 
149.34     (c) After the effective date of this section, no lessee 
149.35  under paragraph (a), clause (2), shall construct or 
149.36  substantially renovate a cabin or other structure during the 
150.1   lease. 
150.2      (d) The commissioner may use money appropriated from the 
150.3   land acquisition account under Minnesota Statutes, section 
150.4   94.165, for payments under paragraph (a). 
150.5      (e) Notwithstanding Minnesota Statutes, section 92.46, 
150.6   subdivision 1a, the commissioner may elect whether to amend the 
150.7   leases in paragraph (a) to expand lot size to conform with 
150.8   current shoreline standards. 
150.9      Sec. 147.  [PRIVATE SALE OF STATE LAND IN CLEARWATER 
150.10  COUNTY.] 
150.11     (a) Notwithstanding Minnesota Statutes, sections 92.45; 
150.12  97A.135, subdivision 2a; and 282.01, subdivision 2; and the 
150.13  public sale provisions of Minnesota Statutes, chapter 94, the 
150.14  commissioner of natural resources may sell the land described in 
150.15  paragraph (c) to the adjoining landowner for $1,000. 
150.16     (b) The conveyance must be in a form approved by the 
150.17  attorney general and must provide that: 
150.18     (1) the land may not be sold for commercial use or be 
150.19  developed into more than a two-family residence; and 
150.20     (2) placement or construction of additional buildings or 
150.21  structures on the land, including corrals and animal shelters or 
150.22  pens, is prohibited. 
150.23     (c) The land that may be sold is located in Clearwater 
150.24  county and is described as follows: 
150.25     That part of Government Lot 6, Section 18 Township 143 
150.26  North, Range 37 West, Clearwater County, Minnesota, described as 
150.27  follows: 
150.28     Beginning at the northeast corner of Lot 1 Block 1 of 
150.29  HIGHLAND VIEW, on file and of record in the office of the County 
150.30  Recorder, being a 3/4 x 24 inch rebar with plastic cap stamped 
150.31  MN DNR PROPERTY MONUMENT, (DNR MON), from which the north line 
150.32  of said Lot 1 bears, assumed bearing, North 88 degrees 57 
150.33  minutes 39 seconds West; thence North 80 degrees 50 minutes 33 
150.34  seconds West 275.16 feet to a DNR MON; thence North 85 degrees 
150.35  25 minutes 17 seconds West 93.89 feet to a DNR MON; thence South 
150.36  50 degrees 06 minutes 54 seconds West 68.17 feet to the north 
151.1   line of said Lot 1 and a DNR MON; thence South 88 degrees 57 
151.2   minutes 39 seconds East along the north line of said Lot 1 a 
151.3   distance of 417.62 feet to the point of beginning, containing 
151.4   0.23 acres. 
151.5      (d) The sale authorized by this section would resolve an 
151.6   inadvertent trespass consisting of the encroachment of a private 
151.7   dwelling on state land. 
151.8      (e) The sale authorized by this section is subject to the 
151.9   following additional conditions: 
151.10     (1) the costs of construction and maintenance of a boundary 
151.11  fence are the sole responsibility of the purchaser; and 
151.12     (2) the adjoining landowner shall reimburse the department 
151.13  of natural resources for the cost of surveying the land and for 
151.14  time spent by department staff relating to this land trespass 
151.15  matter. 
151.16     Sec. 148.  [RULES.] 
151.17     The pollution control agency may adopt rules incorporating 
151.18  the amendments to Minnesota Statutes, section 116.07, made in 
151.19  section 110 of this act under the good cause exemption in 
151.20  Minnesota Statutes, section 14.388. 
151.21     Sec. 149.  [REPEALER.] 
151.22     (a) Minnesota Statutes 1996, sections 18C.541, subdivision 
151.23  6; 25.34; 115A.908, subdivision 3; 115B.223; 115B.224; 116.991; 
151.24  116.992; and 296.02, subdivision 7a, are repealed. 
151.25     (b) Laws 1995, chapter 220, section 21, is repealed. 
151.26     Sec. 150.  [EFFECTIVE DATE.] 
151.27     Sections 32, 133 and 134 are effective on July 1, 1998. 
151.28     Sections 24 and 84 are effective March 1, 1998.