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SF 2492

1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
1.1A bill for an act
1.2relating to state government; appropriating money for environment and
1.3natural resources; providing for repayment of certain appropriations from the
1.4environment and natural resources trust fund;amending Minnesota Statutes
1.52006, section 116P.10.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7
Section 1. MINNESOTA RESOURCES APPROPRIATION.
1.8    The sums shown in the columns marked "Appropriations" are appropriated to the
1.9agencies and for the purposes specified in this act. The appropriations are from the general
1.10fund, or another named fund, and are available for the fiscal years indicated for each
1.11purpose. The figures "2008" and "2009" used in this article mean that the appropriations
1.12listed under them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
1.13respectively. "The first year" is fiscal year 2008. "The second year" is fiscal year 2009.
1.14"The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal year ending
1.15June 30, 2008, are effective the day following final enactment.
1.16
APPROPRIATIONS
1.17
Available for the Year
1.18
Ending June 30
1.19
2008
2009

1.20
Sec. 2. MINNESOTA RESOURCES.
1.21
Subdivision 1.Total Appropriation
$
86,000
$
22,866,000
1.22
Appropriations by Fund
1.23
2008
2009
2.1
2.2
2.3
Environment and
Natural Resources
Trust
-0-
22,866,000
2.4
2.5
Great Lakes
Protection Account
86,000
-0-
2.6Appropriations are available for two
2.7years beginning July 1, 2008, unless
2.8otherwise stated in the appropriation. Any
2.9unencumbered balance remaining in the first
2.10year does not cancel and is available for the
2.11second year.
2.12
Subd. 2.Definitions
2.13(a) "Trust fund" means the Minnesota
2.14environment and natural resources trust fund
2.15referred to in Minnesota Statutes, section
2.16116P.02, subdivision 6.
2.17(b) "Great Lakes protection account" means
2.18the account referred to in Minnesota Statutes,
2.19section 116Q.02.
2.20
Subd. 3.Land and Habitat
-0-
15,817,000
2.21
Appropriations by Fund
2.22
Trust Fund
-0-
15,817,000
2.23
2.24
(a) Metro Conservation Corridors (MeCC) ���
Phase IV
2.25$3,150,000 is from the trust fund to the
2.26commissioner of natural resources for
2.27the fourth appropriation for acceleration
2.28of agency programs and cooperative
2.29agreements. Of this appropriation,
2.30$1,915,000 is for Department of Natural
2.31Resources agency programs and $1,235,000
2.32is for agreements as follows: $475,000 with
2.33the Trust for Public Land; $92,000 with
2.34Friends of the Mississippi River; $111,000
2.35with Great River Greening; $225,000 with
3.1Minnesota Land Trust; $225,000 with
3.2Minnesota Valley National Wildlife Refuge
3.3Trust, Inc.; and $107,000 with Friends of
3.4the Minnesota Valley for the purposes of
3.5planning, restoring, and protecting important
3.6natural areas in the metropolitan area, as
3.7defined under Minnesota Statutes, section
3.8473.121, subdivision 2, and portions of
3.9the surrounding counties, through grants,
3.10contracted services, conservation easements,
3.11and fee title acquisition. Land acquired
3.12with this appropriation must be sufficiently
3.13improved to meet at least minimum
3.14management standards as determined by
3.15the commissioner of natural resources.
3.16Expenditures are limited to the identified
3.17project corridor areas as defined in the work
3.18program. This appropriation may not be used
3.19for the purchase of residential structures,
3.20unless expressly approved in the work
3.21program. All conservation easements must
3.22be perpetual and have a natural resource
3.23management plan. Any land acquired in fee
3.24title by the commissioner of natural resources
3.25with money from this appropriation must
3.26be designated as an outdoor recreation unit
3.27under Minnesota Statutes, section 86A.07.
3.28The commissioner may similarly designate
3.29any lands acquired in less than fee title. A
3.30list of proposed restorations and fee title
3.31and easement acquisitions must be provided
3.32as part of the required work program. All
3.33funding for conservation easements must
3.34include a long-term stewardship plan and
3.35funding for monitoring and enforcing the
3.36agreement.
4.1
4.2
(b) Vermillion River Corridor Acquisition and
Restoration in Dakota County
4.3$400,000 is from the trust fund to the
4.4commissioner of natural resources for
4.5an agreement with Dakota County to
4.6develop and implement a comprehensive
4.7and integrated water quality, wildlife
4.8habitat, and outdoor recreational corridor
4.9plan in the Vermillion River watershed
4.10through easement and fee title acquisition
4.11and restoration. At least 90 percent of
4.12this appropriation must be spent on the
4.13implementation of the comprehensive plan.
4.14A list of proposed restorations and fee title
4.15and easement acquisitions must be provided
4.16as part of the required work program. All
4.17funding for conservation easements must
4.18include a long-term stewardship plan and
4.19funding for monitoring and enforcing the
4.20agreement. This appropriation is available
4.21until June 30, 2011, at which time the
4.22project must be completed and final products
4.23delivered, unless an earlier date is specified
4.24in the work program. On January 2, 2009, the
4.25unobligated balance of the appropriation for
4.26Dakota County wildlife habitat acquisition
4.27and development in Laws 1999, chapter 231,
4.28section 16, subdivision 13, paragraph (m), is
4.29transferred and added to this appropriation.
4.30
4.31
(c) Minnesota Habitat Conservation Partnership
��� Phase V
4.32$3,150,000 is from the trust fund for the
4.33fifth appropriation for acceleration of agency
4.34programs and cooperative agreements. Of
4.35this appropriation, $250,000 is to the Board
4.36of Water and Soil Resources; $733,500 is
5.1to the commissioner of natural resources
5.2for agency programs; and $2,166,500 is
5.3for agreements as follows: $420,000 with
5.4Pheasants Forever; $30,000 with Minnesota
5.5Deer Hunters Association; $597,500 with
5.6Ducks Unlimited, Inc.; $85,000 with
5.7National Wild Turkey Federation; $317,000
5.8with the Nature Conservancy; $210,000
5.9with Minnesota Land Trust; $350,000 with
5.10the Trust for Public Land; $50,000 with
5.11Minnesota Valley National Wildlife Refuge
5.12Trust, Inc.; $30,000 with U. S. Fish and
5.13Wildlife Service; $30,000 with the Leech
5.14Lake Band of Chippewa; $27,000 with
5.15the Fond du Lac Band of Chippewa; and
5.16$20,000 with Friends of Detroit Lakes
5.17Watershed Management District to plan,
5.18restore, and acquire fragmented landscape
5.19corridors that connect areas of quality habitat
5.20to sustain fish, wildlife, and plants. The
5.21USDA-Natural Resources Conservation
5.22Service is a cooperating partner in the
5.23appropriation. Expenditures are limited to
5.24the project corridor areas as defined in the
5.25work program. Land acquired with this
5.26appropriation must be sufficiently improved
5.27to meet at least minimum habitat and facility
5.28management standards as determined by
5.29the commissioner of natural resources.
5.30This appropriation may not be used for the
5.31purchase of residential structures, unless
5.32expressly approved in the work program. All
5.33conservation easements must be perpetual
5.34and have a natural resource management
5.35plan. Any land acquired in fee title by the
5.36commissioner of natural resources with
6.1money from this appropriation must be
6.2designated as an outdoor recreation unit
6.3under Minnesota Statutes, section 86A.07.
6.4The commissioner may similarly designate
6.5any lands acquired in less than fee title. A
6.6list of proposed restorations and fee title
6.7and easement acquisitions must be provided
6.8as part of the required work program. All
6.9funding for conservation easements must
6.10include a long-term stewardship plan and
6.11funding for monitoring and enforcing the
6.12agreement.
6.13
(d) Preserving the Avon Hills Landscape
6.14$337,000 is from the trust fund to the
6.15commissioner of natural resources for
6.16a grant to Saint John's Arboretum and
6.17University for community outreach, in
6.18cooperation with the Minnesota Land Trust;
6.19conservation easements, in cooperation
6.20with the Minnesota Land Trust; and local
6.21ordinance reviews and recommendations for
6.22the Avon Hills landscape in Stearns County.
6.23A list of proposed fee title and easement
6.24acquisitions must be provided as part of
6.25the required work program. All funding
6.26for conservation easements must include a
6.27long-term stewardship plan and appropriate
6.28funding for monitoring. This appropriation
6.29is available until June 30, 2011, at which
6.30time the project must be completed and final
6.31products delivered, unless an earlier date is
6.32specified in the work program.
6.33
6.34
(e) Minnesota River Valley Green Corridor Land
Protection
7.1$1,000,000 is from the trust fund to the
7.2commissioner of natural resources for an
7.3agreement with the Southwest Initiative
7.4Foundation for planning, acquisition, and
7.5easements in the Minnesota River Valley.
7.6The priority for acquisition must be on
7.7lands with native prairies, unique geological
7.8features, fens, and wetlands not currently
7.9under a permanent protection program. A
7.10list of proposed restorations and fee title
7.11and easement acquisitions must be provided
7.12as part of the required work program. All
7.13funding for conservation easements must
7.14include a long-term stewardship plan and
7.15funding for monitoring and enforcing the
7.16agreement. No more than ten percent may be
7.17spent on planning and management.
7.18
(f) Scientific and Natural Area Acquisition
7.19$1,000,000 is from the trust fund to the
7.20commissioner of natural resources for
7.21acquisition of scientific and natural areas in
7.22the southern two-thirds of Minnesota. A list
7.23of proposed acquisitions must be provided as
7.24part of the required work program.
7.25
(g) State Land Acquisition Consolidation
7.26$500,000 is from the trust fund to the
7.27commissioner of natural resources to
7.28consolidate state land ownership through
7.29acquisition and sale to reduce forest
7.30fragmentation and enhance management
7.31efficiency. A list of proposed fee title and
7.32easement acquisitions must be provided
7.33as part of the required work program. All
7.34funding for conservation easements must
7.35include a long-term stewardship plan and
8.1funding for monitoring and enforcing the
8.2agreement. Minnesota Statutes, sections
8.394.16 and 94.165, apply to the proceeds
8.4from the sale of land. For this appropriation,
8.5the Department of Natural Resources must
8.6establish a separate revolving account under
8.7Minnesota Statutes, section 94.165, for the
8.8use and accounting of trust fund money. This
8.9appropriation is available until June 30, 2011,
8.10at which time the project must be completed
8.11and final products delivered, unless an earlier
8.12date is specified in the work program.
8.13
(h) State Park and Trail Land Acquisition
8.14$1,500,000 is from the trust fund to the
8.15commissioner of natural resources to acquire
8.16land for designated state trail alignments and
8.17in-holdings for state parks. Land acquired
8.18with this appropriation must be sufficiently
8.19improved to meet at least minimum
8.20management standards as determined by the
8.21commissioner of natural resources. A list of
8.22proposed acquisitions must be provided as
8.23part of the required work program.
8.24
8.25
(i) Metropolitan Regional Park System Land
Acquisition
8.26$1,500,000 is from the trust fund to the
8.27Metropolitan Council for subgrants for the
8.28acquisition of lands within the approved park
8.29unit boundaries of the metropolitan regional
8.30park system. This appropriation may not
8.31be used for the purchase of residential
8.32structures. Subdivision 12 applies to grants
8.33awarded in the approved work program.
8.34A list of proposed fee title and easement
8.35acquisitions must be provided as part of
9.1the required work program. All funding
9.2for conservation easements must include a
9.3long-term stewardship plan and funding for
9.4monitoring and enforcing the agreement.
9.5This appropriation must be matched by at
9.6least 40 percent of nonstate money and must
9.7be committed by December 31, 2008, or the
9.8appropriation cancels. This appropriation
9.9is available until June 30, 2011, at which
9.10time the project must be completed and final
9.11products delivered, unless an earlier date is
9.12specified in the work program.
9.13
9.14
(j) Local Initiative Grants ��� Regional Parks and
Natural Areas
9.15$1,000,000 is from the trust fund to the
9.16commissioner of natural resources for a grant
9.17to Wright County for land acquisition for a
9.18proposed regional park on the Bertram Chain
9.19of Lakes in Wright County. If the acquisition
9.20for a proposed regional park on the Bertram
9.21Chain of Lakes is not completed by June 30,
9.222010, then the appropriation is available for
9.23matching grants to other local governments
9.24for acquisition of regional parks and natural
9.25and scenic areas as provided in Minnesota
9.26Statutes, section 85.019, subdivisions 2,
9.27paragraph (b), and 4a. This appropriation
9.28is available until June 30, 2011, at which
9.29time the project must be completed and final
9.30products delivered, unless an earlier date is
9.31specified in the work program.
9.32
9.33
(k) Conservation Partners/Environmental
Partnerships Matching Grant Program
9.34$150,000 is from the trust fund to the
9.35commissioner of natural resources to provide
9.36matching grants to local governments and
10.1private, nonprofit organizations for projects
10.2that enhance fish, wildlife, and native plant
10.3habitat, provide related research or surveys,
10.4and protect and enhance the state's natural
10.5environment.
10.6
(l) County Trail System Design
10.7$175,000 is from the trust fund to the Board
10.8of Regents of the University of Minnesota to
10.9design recreational trail systems for Lyon,
10.10Brown, Redwood, and Renville Counties.
10.11
10.12
(m) Accelerated Prairie Management, Survey,
Acquisition, and Evaluation
10.13$1,250,000 is from the trust fund to the
10.14commissioner of natural resources to provide
10.15for a rapid assessment of remaining native
10.16prairie, accelerate the Minnesota county
10.17biological survey in the prairie region,
10.18provide technical assistance to private prairie
10.19landowners, accelerate management of
10.20public and private prairie lands, evaluate and
10.21monitor prairie conditions and associated
10.22wildlife, and acquire prairie natural areas,
10.23prairie bank easements, and buffers. At
10.24least $475,000 of this appropriation must
10.25be spent on acquisition. A list of proposed
10.26restorations and fee title and easement
10.27acquisitions must be provided as part of
10.28the required work program. All funding
10.29for conservation easements must include a
10.30long-term stewardship plan and funding for
10.31monitoring and enforcing the agreement.
10.32
(n) Prairie Ecosystem Restoration
10.33$80,000 is from the trust fund to the
10.34Board of Water and Soil Resources for an
10.35agreement with the Martin County Soil and
11.1Water Conservation District to collect and
11.2propagate local ecotype native plant materials
11.3from prairie remnants for establishment on
11.4lands with perpetual conservation protection
11.5in Martin County. If the Martin County Soil
11.6and Water Conservation District sells seeds
11.7or plants that were collected or propagated
11.8using money from this appropriation, the net
11.9proceeds of the sale must be repaid to the
11.10trust fund.
11.11
(o) Best Practices for Native Prairie Management
11.12$45,000 is from the trust fund to the
11.13commissioner of natural resources for an
11.14agreement with the Minnesota Recreation and
11.15Park Association to provide information on
11.16best practices for native prairie management
11.17through field demonstrations, regional
11.18workshops, and the Web.
11.19
11.20
(p) Impacts of Climate Change and CO2 on Prairie
and Forest Production
11.21$330,000 is from the trust fund to the Board
11.22of Regents of the University of Minnesota
11.23to accelerate research simulating future
11.24changing CO2, rainfall, and temperature
11.25level impacts on biomass production, carbon
11.26sequestration, and water quality in prairie
11.27and tree species. This appropriation is
11.28available until June 30, 2011, at which time
11.29the project must be completed and final
11.30products delivered, unless an earlier date is
11.31specified in the work program.
11.32
11.33
(q) Biofuel Production and Wildlife Conservation
in Working Prairies
11.34$250,000 is from the trust fund to the Board
11.35of Regents of the University of Minnesota to
12.1research and evaluate methods of managing
12.2diverse working prairies for wildlife and
12.3renewable bioenergy production. On June
12.41, 2008, the $500,000 appropriation for the
12.5Phillips biomass community energy system
12.6under Laws 2006, chapter 243, section 20,
12.7subdivision 3, is transferred and added to
12.8this appropriation. This appropriation is
12.9available until June 30, 2011, at which time
12.10the project must be completed and final
12.11products delivered, unless an earlier date is
12.12specified in the work program.
12.13
Subd. 4.Water Resources
86,000
3,480,000
12.14
Appropriations by Fund
12.15
Trust Fund
-0-
3,480,000
12.16
12.17
Great Lakes
Protection Account
86,000
-0-
12.18
12.19
(a) Future of Energy and Minnesota Water
Resources
12.20$270,000 is from the trust fund to the Board
12.21of Regents of the University of Minnesota to
12.22spatially model water demand in Minnesota
12.23under differing energy production scenarios
12.24and develop a Web-based tool for comparing
12.25policy scenarios impacts on water resources
12.26in the state.
12.27
12.28
(b) Accelerating Plans for Integrated Control of
the Common Carp
12.29$550,000 is from the trust fund to the Board
12.30of Regents of the University of Minnesota
12.31to accelerate research on new approaches
12.32to control the invasive common carp. This
12.33appropriation is available until June 30, 2011,
12.34at which time the project must be completed
12.35and final products delivered, unless an earlier
12.36date is specified in the work program.
13.1
13.2
(c) Testing Pesticides and Degradates in Public
Drinking Water
13.3$368,000 is from the trust fund to the
13.4commissioner of agriculture, in cooperation
13.5with the commissioner of health, to purchase
13.6equipment and supplies to accelerate the
13.7sampling of public water supplies for the
13.8presence and concentration of pesticides and
13.9their degradates for health risk assessments.
13.10
13.11
(d) Assessment of Riparian Buffers in the
Whitewater River Watershed
13.12$52,000 is from the trust fund to the Board of
13.13Water and Soil Resources for an agreement
13.14with the Whitewater Joint Powers Board to
13.15inventory streams and adjacent land use and
13.16survey riparian landowners to assist in the
13.17prioritization of restoration efforts to improve
13.18water quality, habitat, and future enforcement
13.19of riparian buffers in the southeast ten-county
13.20region of the Southeast Minnesota Water
13.21Resources Board.
13.22
13.23
(e) Intralake Zoning to Protect Sensitive
Lakeshore Areas
13.24$125,000 is from the trust fund to the
13.25commissioner of natural resources for the
13.26second appropriation for a cooperative
13.27effort with Cass County to identify sensitive
13.28shorelines for the highest priority lakes and
13.29develop innovative zoning in Cass County to
13.30protect water quality and near-shore habitat.
13.31This appropriation is available until June
13.3230, 2011, at which time the project must
13.33be completed and final products delivered,
13.34unless an earlier date is specified in the work
13.35program.
14.1
(f) Native Shoreland Buffer Incentives Program
14.2$225,000 is from the trust fund to the
14.3commissioner of natural resources to
14.4accelerate the native shoreland buffer
14.5incentive program through market research,
14.6technical assistance, and competitive grants
14.7to local governments for creating and
14.8implementing shoreland buffer incentive
14.9programs. Grant recipients must have current
14.10shoreline management requirements and
14.11effective enforcement. This appropriation
14.12is available until June 30, 2011, at which
14.13time the project must be completed and final
14.14products delivered, unless an earlier date is
14.15specified in the work program.
14.16
14.17
(g) Southeast Minnesota Stream Restoration
Projects
14.18$240,000 is from the trust fund to the
14.19commissioner of natural resources for an
14.20agreement with Trout Unlimited to accelerate
14.21stream bank stabilization projects on at least
14.22six miles of streams through restoration,
14.23providing technical assistance, and
14.24conducting workshops. This appropriation
14.25is available until June 30, 2011, at which
14.26time the project must be completed and final
14.27products delivered, unless an earlier date is
14.28specified in the work program.
14.29
14.30
(h) South-Central Minnesota Groundwater
Monitoring and County Geologic Atlases
14.31$1,600,000 is from the trust fund for
14.32collection and interpretation of subsurface
14.33geological information and acceleration of
14.34the county geologic atlas program. $706,000
14.35of this appropriation is to the Board of
15.1Regents of the University of Minnesota
15.2for the Geological Survey to begin county
15.3geologic atlases in three counties. $894,000
15.4of this appropriation is to the commissioner
15.5of natural resources to investigate the
15.6physical and recharge characteristics of
15.7the Mt. Simon aquifer. This appropriation
15.8represents a continuing effort to complete
15.9the county geologic atlases throughout the
15.10state. This appropriation is available until
15.11June 30, 2011, at which time the project must
15.12be completed and final products delivered,
15.13unless an earlier date is specified in the work
15.14program.
15.15
(i) Lake Superior Research
15.16$86,000 is from the Great Lakes protection
15.17account to the Board of Regents of the
15.18University of Minnesota for the Large Lakes
15.19Observatory for research on Lake Superior
15.20waters. This appropriation is added to Laws
15.212006, chapter 243, section 20, subdivision 6,
15.22Lake Superior research. This appropriation
15.23is effective the day following final enactment
15.24and is available until June 30, 2011, at which
15.25time the project must be completed and final
15.26products delivered, unless an earlier date is
15.27specified in the work program.
15.28
(j) Eurasian Water Milfoil Control Research
15.29$50,000 is from the trust fund to the Board
15.30of Regents of the University of Minnesota
15.31to accelerate research on new approaches to
15.32control Eurasian water milfoil to be tested
15.33on Green Lake in Kandiyohi County. Up to
15.34$50,000 in additional funds from nonstate
15.35sources may be used for this study. This
16.1appropriation is available until June 30, 2011,
16.2at which time the project must be completed
16.3and final products delivered, unless an earlier
16.4date is specified in the work program.
16.5
Subd. 5.Natural Resource Information
-0-
2,365,000
16.6
Appropriations by Fund
16.7
Trust Fund
-0-
2,365,000
16.8
16.9
(a) Updating the National Wetlands Inventory for
Minnesota
16.10$550,000 is from the trust fund to the
16.11commissioner of natural resources to begin
16.12updating the National Wetlands Inventory
16.13through standards development, mapping,
16.14training, and imagery acquisition. This is
16.15the first phase of an overall effort to update
16.16the inventory statewide. This appropriation
16.17is available until June 30, 2011, at which
16.18time the project must be completed and final
16.19products delivered, unless an earlier date is
16.20specified in the work program.
16.21
(b) Soil Survey
16.22$400,000 is from the trust fund to the Board
16.23of Water and Soil Resources for soil survey
16.24mapping and interpretation efforts in areas of
16.25the state, including Crow Wing, Pine, Cook,
16.26Lake, and Isanti Counties, and to accelerate
16.27the delivery of soils data through the Internet
16.28as a Web-based soil survey. The new soil
16.29surveys must be done on a cost-share basis
16.30with local and federal funds.
16.31
16.32
(c) Updating Precipitation Intensities for Runoff
Estimation and Infrastructure Designs
16.33$100,000 is from the trust fund to the
16.34commissioner of the Pollution Control
16.35Agency for a cooperative agreement with
17.1the National Oceanic and Atmospheric
17.2Administration to partially fund a multistate
17.3effort to obtain updated climate change
17.4related rainfall frequencies to enhance
17.5engineering of storm water conveyance and
17.6treatment systems and roads. The acquired
17.7data shall be distributed free of charge. This
17.8appropriation is available until June 30, 2011,
17.9at which time the project must be completed
17.10and final products delivered, unless an earlier
17.11date is specified in the work program.
17.12
(d) Minnesota Breeding Bird Atlas
17.13$270,000 is from the trust fund to develop a
17.14statewide survey of Minnesota breeding bird
17.15distribution and create related publications,
17.16including a book and online atlas with
17.17distribution maps and breeding status.
17.18Of this appropriation, $169,000 is to the
17.19commissioner of natural resources for an
17.20agreement with Audubon Minnesota and
17.21$101,000 is to the Board of Regents of the
17.22University of Minnesota for the Natural
17.23Resources Research Institute. The atlas must
17.24be available for downloading on the Internet
17.25free of charge.
17.26
(e) Restorable Wetlands Inventory
17.27$245,000 is from the trust fund to the
17.28commissioner of natural resources for an
17.29agreement with Ducks Unlimited, Inc.,
17.30to continue the inventory, mapping, and
17.31digitizing of drained restorable wetlands in
17.32the southwest prairie region of Minnesota.
17.33This appropriation is available until June
17.3430, 2011, at which time the project must
17.35be completed and final products delivered,
18.1unless an earlier date is specified in the work
18.2program.
18.3
18.4
(f) Wildlife Disease Data Surveillance and
Analysis
18.5$100,000 is from the trust fund to the Board
18.6of Regents of the University of Minnesota
18.7for the Raptor Center to develop a GIS-based
18.8database that catalogs symptoms and
18.9conditions observed in injured wildlife.
18.10
18.11
(g) Conservation Easement Stewardship,
Oversight, and Maintenance
18.12$180,000 is from the trust fund to the Board
18.13of Water and Soil Resources to enhance
18.14long-term stewardship, oversight, and
18.15maintenance of conservation easements
18.16held by the board and to update the current
18.17easement database. This effort must be
18.18done in cooperation with the Department
18.19of Natural Resources. This appropriation
18.20is available until June 30, 2011, at which
18.21time the project must be completed and final
18.22products delivered, unless an earlier date is
18.23specified in the work program.
18.24
18.25
(h) Conservation Easement Stewardship and
Enforcement Program Plan
18.26$520,000 is from the trust fund to the
18.27commissioner of natural resources to
18.28inventory and digitize the department's
18.29conservation easements and prepare a
18.30plan for monitoring, stewardship, and
18.31enforcement. This effort must be done in
18.32cooperation with the Board of Water and Soil
18.33Resources. This appropriation is available
18.34until June 30, 2011, at which time the
18.35project must be completed and final products
19.1delivered, unless an earlier date is specified
19.2in the work program.
19.3
Subd. 6.Environmental Education
-0-
1,099,000
19.4
Appropriations by Fund
19.5
Trust Fund
-0-
1,099,000
19.6
19.7
(a) Waters of Minnesota Documentary on
Watersheds
19.8$349,000 is from the trust fund to the
19.9Board of Regents of the University of
19.10Minnesota for the Bell Museum of Natural
19.11History to begin the development of an
19.12educational documentary television series on
19.13the waters of Minnesota designed to promote
19.14watershed understanding and citizen action
19.15in protecting, restoring, and conserving water
19.16resources. This appropriation is available
19.17until June 30, 2011, at which time the
19.18project must be completed and final products
19.19delivered, unless an earlier date is specified
19.20in the work program.
19.21
19.22
(b) Global Warming - Reducing Carbon Footprint
of Minnesota Schools
19.23$750,000 is from the trust fund to the
19.24commissioner of the Pollution Control
19.25Agency to provide student-focused grants to
19.26high schools, colleges, and universities to
19.27identify their carbon footprints and develop
19.28and implement innovative plans to reduce
19.29carbon emissions. This appropriation is
19.30available until June 30, 2011, at which time
19.31the project must be completed and final
19.32products delivered, unless an earlier date is
19.33specified in the work program.
19.34
Subd. 7.Emerging Issues Account
-0-
105,000
20.1$105,000 is from the trust fund for an
20.2emerging issues account as authorized
20.3under Minnesota Statutes, section 116P.08,
20.4subdivision 4, paragraph (d).
20.5
Subd. 8.Availability of Appropriations
20.6Unless otherwise provided, the amounts in
20.7this section are available until June 30, 2010,
20.8when projects must be completed and final
20.9products delivered. For acquisition of real
20.10property, the amounts in this section are
20.11available until June 30, 2011, if a binding
20.12contract is entered into by June 30, 2010,
20.13and closed not later than June 30, 2011. The
20.14time period for the amounts available in
20.15this section may be extended by up to one
20.16year through an approved work program. If
20.17a project receives a federal grant, the time
20.18period of the appropriation is extended to
20.19equal the federal grant period.
20.20
20.21
Subd. 9.Leveraged Funds for Real Property
Interest Requirement
20.22The work program for every appropriation
20.23under this section for acquisition of a real
20.24property interest shall identify nonstate
20.25leveraged funds and a plan for expenditure of
20.26funds to maximize the benefit of the trust fund
20.27allocation. Any work program that proposes
20.28materially less leverage than the proposal
20.29shall be brought to the Legislative-Citizen
20.30Commission on Minnesota Resources for
20.31review and approval or disapproval. The
20.32final report of each project shall identify
20.33all leverage obtained. Leveraged funds
20.34shall be spent concurrently with trust fund
20.35appropriations to the extent possible.
21.1
Subd. 10.Data Availability Requirements
21.2Data collected by the projects funded under
21.3this section that have value for planning and
21.4management of natural resource, emergency
21.5preparedness, and infrastructure investments
21.6must conform to the enterprise information
21.7architecture developed by the Office of
21.8Enterprise Technology. Spatial data must
21.9conform to geographic information system
21.10guidelines and standards outlined in that
21.11architecture and adopted by the Minnesota
21.12Geographic Data Clearinghouse at the
21.13Land Management Information Center. A
21.14description of these data that adheres to the
21.15Office of Enterprise Technology geographic
21.16metadata standards must be submitted to
21.17the Land Management Information Center
21.18to be made available online through the
21.19clearinghouse and the data must be accessible
21.20and free to the public unless made private
21.21under the Data Practices Act, Minnesota
21.22Statutes, chapter 13.
21.23To the extent practicable, summary data and
21.24results of projects funded under this section
21.25should be readily accessible on the Internet
21.26and identified as an environment and natural
21.27resources trust fund project.
21.28
Subd. 11.Project Requirements
21.29As a condition of accepting an appropriation
21.30in this section, any agency or entity receiving
21.31the appropriation must, for any project
21.32funded in whole or in part with funds from
21.33this appropriation:
22.1(1) comply with Minnesota Statutes, chapter
22.2116P;
22.3(2) plant vegetation only of native ecotypes
22.4to Minnesota and preferably of the local
22.5ecotype using a high diversity of species
22.6grown as close to the restoration site as
22.7possible;
22.8(3) when restoring prairies:
22.9(i) the seeds and plant materials must
22.10originate in the same county as the
22.11restoration site or within 25 miles of the
22.12county border, but not across the boundary
22.13of an ecotype region. Ecotype regions
22.14are defined by the Department of Natural
22.15Resources map, "Minnesota Ecotype Regions
22.16Map - County Landscape Groupings Based
22.17on Ecological Subsections," dated February
22.1815, 2007;
22.19(ii) if seeds and plant material described in
22.20item (i) are not available, then the restoration
22.21must use seeds and plant materials from
22.22within the same ecotype region; or
22.23(iii) if seeds and plant material described
22.24in item (i) or (ii) are not available, then
22.25the restoration must use seeds and plant
22.26material from within the same ecotype region
22.27or within 25 miles of the ecotype region
22.28boundary.
22.29Use of seeds and plant materials from beyond
22.30the geographic areas described in this clause
22.31must be expressly approved in the work
22.32program;
22.33(4) provide that all conservation easements:
22.34(i) are perpetual;
23.1(ii) specify the parties to an easement in the
23.2easement;
23.3(iii) specify all of the provisions of an
23.4agreement that are perpetual;
23.5(iv) are sent to the commission office in an
23.6electronic format; and
23.7(v) include a long-term stewardship plan and
23.8funding for monitoring and enforcing the
23.9easement agreement;
23.10(5) give priority in any acquisition of land
23.11or interest in land to high quality natural
23.12resources or conservation lands that provide
23.13natural buffers to water resources; and
23.14(6) provide documentation to the
23.15Legislative-Citizen Commission on
23.16Minnesota Resources of the selection process
23.17used to identify parcels acquired and provide
23.18documentation of all related transaction
23.19costs, including but not limited to appraisals,
23.20legal fees, recording fees, commissions,
23.21other similar costs, and donations. This
23.22information must be provided for all parties
23.23involved in the transaction. The recipient
23.24shall also report to the Legislative-Citizen
23.25Commission on Minnesota Resources any
23.26difference between the acquisition amount
23.27paid to the seller and the state certified or
23.28state reviewed appraisal. Appropriate data
23.29such as appraisals may remain private during
23.30negotiations but must ultimately be made
23.31public according to Minnesota Statutes,
23.32chapter 13.
23.33
23.34
Subd. 12.Payment Conditions and Capital
Equipment Expenditures
24.1All agreements, grants, or contracts referred
24.2to in this section must be administered on
24.3a reimbursement basis unless otherwise
24.4provided in this section. Notwithstanding
24.5Minnesota Statutes, section 16A.41,
24.6expenditures made on or after July 1,
24.72008, or the date the work program is
24.8approved, whichever is later, are eligible for
24.9reimbursement unless otherwise provided
24.10in this section. Periodic payment must
24.11be made upon receiving documentation
24.12that the deliverable items articulated in
24.13the approved work program have been
24.14achieved, including partial achievements
24.15as evidenced by approved progress reports.
24.16Reasonable amounts may be advanced to
24.17projects to accommodate cash flow needs or
24.18match federal money. The advances must
24.19be approved as part of the work program.
24.20No expenditures for capital equipment are
24.21allowed unless expressly authorized in the
24.22project work program.
24.23
24.24
Subd. 13.Purchase of Recycled and Recyclable
Materials
24.25A political subdivision, public or private
24.26corporation, or other entity that receives
24.27an appropriation in this section must use
24.28the appropriation in compliance with
24.29Minnesota Statutes, sections 16B.121 and
24.3016B.122, requiring the purchase of recycled,
24.31repairable, and durable materials; the
24.32purchase of uncoated paper stock; and the
24.33use of soy-based ink.
24.34
24.35
Subd. 14.Energy Conservation and
Sustainable Building Guidelines
25.1A recipient to whom an appropriation is made
25.2in this section for a capital improvement
25.3project shall ensure that the project complies
25.4with the applicable energy conservation and
25.5sustainable building guidelines and standards
25.6contained in law, including Minnesota
25.7Statutes, sections 16B.325, 216C.19, and
25.8216C.20, and rules adopted thereunder.
25.9The recipient may use the energy planning,
25.10advocacy, and State Energy Office units
25.11of the Department of Commerce to obtain
25.12information and technical assistance on
25.13energy conservation and alternative energy
25.14development relating to the planning and
25.15construction of the capital improvement
25.16project.
25.17
Subd. 15.Accessibility
25.18Structural and nonstructural facilities must
25.19meet the design standards in the Americans
25.20with Disability Act (ADA) accessibility
25.21guidelines.
25.22
Subd. 16.Carryforward
25.23(a) The availability of the appropriations for
25.24the following projects are extended to June
25.2530, 2009:
25.26(1) Laws 2005, First Special Session chapter
25.271, article 2, section 11, subdivision 6,
25.28paragraph (h), as extended by Laws 2007,
25.29chapter 57, article 1, section 4, subdivision 6,
25.30Paul Bunyan State Trail connection; and
25.31(2) Laws 2005, First Special Session
25.32chapter 1, article 2, section 11, subdivision
25.337, paragraph (j), improving impaired
25.34watersheds conservation drainage research.
26.1(b) The availability of the appropriations for
26.2the following projects are extended to June
26.330, 2010:
26.4(1) Laws 2005, First Special Session chapter
26.51, article 2, section 11, subdivision 6,
26.6paragraph (e), metropolitan regional parks
26.7acquisition, rehabilitation, and development;
26.8(2) Laws 2005, First Special Session chapter
26.91, article 2, section 11, subdivision 6,
26.10paragraph (p), land acquisition, Minnesota
26.11Landscape Arboretum;
26.12(3) Laws 2005, First Special Session chapter
26.131, article 2, section 11, subdivision 7,
26.14paragraph (i), improving water quality on the
26.15central sands; and
26.16(4) Laws 2003, chapter 128, article 1,
26.17section 9, subdivision 6, paragraph (l),
26.18as amended by Laws 2005, First Special
26.19Session chapter 1, article 2, section 150, as
26.20extended by Laws 2006, chapter 243, section
26.2116, land acquisition, Minnesota Landscape
26.22Arboretum.

26.23    Sec. 3. Minnesota Statutes 2006, section 116P.10, is amended to read:
26.24116P.10 ROYALTIES, COPYRIGHTS, PATENTS, AND SALE OF
26.25PRODUCTS AND ASSETS.
26.26    (a) This section applies to projects supported by the trust fund and the oil overcharge
26.27money referred to in section 4.071, subdivision 2, each of which is referred to in this
26.28section as a "fund."
26.29    (b) The fund owns and shall take title to the percentage of a royalty, copyright,
26.30or patent resulting from a project supported by the fund equal to the percentage of the
26.31project's total funding provided by the fund. Cash receipts resulting from a royalty,
26.32copyright, or patent, or the sale of the fund's rights to a royalty, copyright, or patent, must
26.33be credited immediately to the principal of the fund. Receipts from Minnesota future
26.34resources fund projects must be credited to the trust fund. Before a project is included
27.1in the budget plan, The commission may vote include in its annual legislative bill a
27.2recommendation to relinquish the ownership or rights to a royalty, copyright, or patent
27.3resulting from a project supported by the fund to the project's proposer when the amount
27.4of the original grant or loan, plus interest, has been repaid to the fund.
27.5    (c) If a project supported by the fund results in net income from the sale of products
27.6or assets developed or acquired by an appropriation from the fund, the appropriation
27.7must be repaid to the fund in an amount equal to the percentage of the project's total
27.8funding provided by the fund. The commission may include in its annual legislative bill a
27.9recommendation to relinquish the income if a plan is approved for reinvestment of the
27.10income in the project or when the amount of the original grant or loan, plus interest, has
27.11been repaid to the fund.