HF 2430

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/22/2012 04:07pm

A bill for an act
relating to state government; appropriating money from the outdoor heritage
fund, clean water fund, and arts and cultural heritage fund; modifying
requirements for outdoor heritage fund appropriations; providing for public
grazing program; changing provisions of grant management; changing control
and oversight of the film production jobs program to the commissioner of
administration; modifying prior appropriations; amending Minnesota Statutes
2010, sections 16B.98, subdivisions 5, 7; 97A.056, by adding subdivisions;
116U.26; Minnesota Statutes 2011 Supplement, section 114D.30, subdivision 4;
Laws 2009, chapter 172, article 2, section 4, as amended; article 3, section 3;
Laws 2011, First Special Session chapter 6, article 1, section 2, subdivision 9;
article 2, section 7; article 4, section 2, subdivision 5; proposing coding for new
law in Minnesota Statutes, chapter 84.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

OUTDOOR HERITAGE FUND

Section 1. new text begin OUTDOOR HERITAGE APPROPRIATION. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
figures "2012" and "2013" used in this article mean that the appropriations listed under the
figure are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively.
"The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium"
is fiscal years 2012 and 2013. The appropriations in this article are onetime.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2012 new text end		new text begin 2013 new text end

Sec. 2. new text begin OUTDOOR HERITAGE new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 97,420,000 new text end

new text begin This appropriation is from the outdoor
heritage fund. The amounts that may be
spent for each purpose are specified in the
following subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Prairies new text end

new text begin -0- new text end

new text begin 24,640,000 new text end

new text begin (a) new text end new text begin Minnesota Buffers for Wildlife and Water - Phase II new text end

new text begin $2,090,000 in the second year is to the
Board of Water and Soil Resources in
cooperation with Pheasants Forever to
acquire permanent conservation easements
to enhance habitat by expanding clean water
fund riparian wildlife buffers on private land.
A list of proposed permanent conservation
easements must be provided as part of the
final report. The accomplishment plan must
include an easement stewardship plan. Up
to $90,000 is for establishing a monitoring
and enforcement fund as approved in
the accomplishment plan and subject to
Minnesota Statutes, section 97A.056,
subdivision 17. An annual financial report is
required for any monitoring and enforcement
fund established, including expenditures
from the fund and a description of annual
monitoring and enforcement activities.
new text end

new text begin (b) new text end new text begin Minnesota Prairie Recovery Project - Phase III new text end

new text begin $4,610,000 in the second year is to the
commissioner of natural resources for an
agreement with The Nature Conservancy to
acquire native prairie and savanna and restore
and enhance grasslands and savanna. A list of
proposed land acquisitions must be provided
as part of the required accomplishment plan.
Annual income statements and balance sheets
for income and expenses from land acquired
with this appropriation must be submitted to
the Lessard-Sams Outdoor Heritage Council
no later than 180 days following the close of
The Nature Conservancy's fiscal year.
new text end

new text begin (c) new text end new text begin Cannon River Headwaters Habitat Complex - Phase II new text end

new text begin $1,760,000 in the second year is to the
commissioner of natural resources for an
agreement with The Trust for Public Land
to acquire and restore lands in the Cannon
River watershed for wildlife management
area purposes under Minnesota Statutes,
section 86A.05, subdivision 8, or aquatic
management area purposes under Minnesota
Statutes, sections 86A.05, subdivision
14, and 97C.02. A list of proposed land
acquisitions must be provided as part of the
required accomplishment plan.
new text end

new text begin (d) new text end new text begin Wildlife Management Area Acquisition new text end

new text begin $2,900,000 in the second year is to the
commissioner of natural resources to acquire
land in fee for wildlife management area
purposes under Minnesota Statutes, section
86A.05, subdivision 8. A list of proposed
land acquisitions must be provided as part of
the required accomplishment plan.
new text end

new text begin (e) new text end new text begin Northern Tallgrass Prairie National Wildlife Refuge Land Acquisition - Phase IV new text end

new text begin $1,580,000 in the second year is to the
commissioner of natural resources for an
agreement with The Nature Conservancy
in cooperation with the United States Fish
and Wildlife Service to acquire land in
fee or permanent conservation easements
within the Northern Tallgrass Prairie Habitat
Preservation Area in western Minnesota for
addition to the Northern Tallgrass Prairie
National Wildlife Refuge. A list of proposed
land acquisitions must be provided as part
of the required accomplishment plan. The
accomplishment plan must include an
easement monitoring and enforcement plan.
new text end

new text begin (f) new text end new text begin Accelerating the Wildlife Management Area Program - Phase IV new text end

new text begin $3,300,000 in the second year is to the
commissioner of natural resources for an
agreement with Pheasants Forever to acquire
land in fee for wildlife management area
purposes under Minnesota Statutes, section
86A.05, subdivision 8. A list of proposed
land acquisitions must be provided as part of
the required accomplishment plan.
new text end

new text begin (g) new text end new text begin Green Corridor Legacy Program - Phase IV new text end

new text begin $1,730,000 in the second year is to the
commissioner of natural resources for
an agreement with the Redwood Area
Development Corporation to acquire land in
fee for wildlife management area purposes
under Minnesota Statutes, section 86A.05,
subdivision 8, and for aquatic management
areas under Minnesota Statutes, sections
86A.05, subdivision 14, and 97C.02. A list of
proposed land acquisitions must be provided
as part of the required accomplishment plan.
new text end

new text begin (h) new text end new text begin Accelerated Prairie Restoration and Enhancement on DNR Lands - Phase IV new text end

new text begin $4,300,000 in the second year is to the
commissioner of natural resources to
accelerate the restoration and enhancement
of wildlife management areas, scientific
and natural areas, and land under native
prairie bank easements. A list of proposed
restorations and enhancements must
be provided as part of the required
accomplishment plan.
new text end

new text begin (i) new text end new text begin Anoka Sand Plain Habitat Restoration and Enhancement - Phase II new text end

new text begin $1,050,000 in the second year is to the
commissioner of natural resources for
agreements to restore and enhance habitat on
public lands in the Anoka Sand Plain and
along the Rum River as follows: $558,750 to
Great River Greening; $99,400 to the Anoka
Conservation District; and $391,850 to the
National Wild Turkey Federation. A list
of proposed restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (j) new text end new text begin Enhanced Public Grasslands new text end

new text begin $1,320,000 in the second year is to the
commissioner of natural resources for
an agreement with Pheasants Forever in
cooperation with the Minnesota Prairie
Chicken Society to restore and enhance
habitat on public lands. The criteria for
selection of projects must be included in the
accomplishment plan. A list of proposed
restorations and enhancements must be
provided as part of the final report.
new text end

new text begin Subd. 3. new text end new text begin Forests new text end

new text begin -0- new text end

new text begin 10,300,000 new text end

new text begin (a) new text end new text begin Protecting Mississippi River Corridor Habitat ACUB Partnership - Phase II new text end

new text begin $480,000 in the second year is to the
Board of Water and Soil Resources to
acquire permanent conservation easements
on land adjacent to the Nokasippi River
and the boundaries of the Minnesota
National Guard Army compatible use buffer
(ACUB). A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement stewardship
plan. Up to $4,800 is for establishing
a monitoring and enforcement fund as
approved in the accomplishment plan and
subject to Minnesota Statutes, section
97A.056, subdivision 17. An annual financial
report is required for any monitoring and
enforcement fund established, including
expenditures from the fund and a description
of annual monitoring and enforcement
activities.
new text end

new text begin (b) new text end new text begin Mississippi Northwoods Habitat Complex Protection new text end

new text begin $7,040,000 in the second year is to the
commissioner of natural resources to
acquire land in fee along the Mississippi
River in Crow Wing County to be added
to Crow Wing State Forest. Prior to the
acquisition, an independent state appraisal
must be conducted and the purchase price
must not exceed the appraised fair market
value determined by the appraisal. A land
description must be provided as part of the
required accomplishment plan. Development
of a paved trail on land acquired under this
paragraph constitutes an alteration of the
intended use of the interest in real property
and must be handled according to Minnesota
Statutes, section 97A.056, subdivision 15.
The commissioner of natural resources shall
consult with the Lessard-Sams Outdoor
Heritage Council when planning for any
paved trail on land acquired with this
appropriation, including any plans for trail
alignment.
new text end

new text begin (c) new text end new text begin Northeastern Minnesota Sharp-Tailed Grouse Habitat Partnership - Phase III new text end

new text begin $1,340,000 in the second year is to the
commissioner of natural resources for
an agreement with Pheasants Forever in
cooperation with the Minnesota Sharp-Tailed
Grouse Society to acquire and enhance
lands for wildlife management area purposes
under Minnesota Statutes, section 86A.05,
subdivision 8. A list of proposed land
acquisitions must be provided as part of the
required accomplishment plan.
new text end

new text begin (d) new text end new text begin Protect Key Forest Habitat Lands in Cass County - Phase III new text end

new text begin $480,000 in the second year is to the
commissioner of natural resources for an
agreement with Cass County to acquire land
in fee in Cass County for forest wildlife
habitat. A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (e) new text end new text begin Minnesota Moose Habitat Collaborative new text end

new text begin $960,000 in the second year is to the
commissioner of natural resources for an
agreement with the Minnesota Deer Hunters
Association to restore and enhance public
forest lands in northeastern Minnesota
for moose habitat purposes. A list of
proposed restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin Subd. 4. new text end new text begin Wetlands new text end

new text begin -0- new text end

new text begin 31,140,000 new text end

new text begin (a) new text end new text begin Reinvest in Minnesota Wetlands Reserve Program Partnership - Phase IV new text end

new text begin $13,810,000 in the second year is to the
Board of Water and Soil Resources to
acquire permanent conservation easements
and restore wetlands and associated upland
habitat in cooperation with the United
States Department of Agriculture Wetlands
Reserve Program. A list of land acquisitions
must be provided as part of the final report.
The accomplishment plan must include
an easement stewardship plan. Up to
$180,000 is for establishing a monitoring
and enforcement fund as approved in
the accomplishment plan and subject to
Minnesota Statutes, section 97A.056,
subdivision 17. An annual financial report is
required for any monitoring and enforcement
fund established, including expenditures
from the fund and a description of annual
monitoring and enforcement activities.
new text end

new text begin (b) new text end new text begin Accelerating the Waterfowl Production Area Program - Phase IV new text end

new text begin $5,400,000 in the second year is to the
commissioner of natural resources for an
agreement with Pheasants Forever to acquire
land in fee to be managed and designated as
waterfowl production areas in Minnesota,
in cooperation with the United States Fish
and Wildlife Service. A list of proposed land
acquisitions must be provided as part of the
required accomplishment plan.
new text end

new text begin (c) new text end new text begin Columbus Lake Conservation Area new text end

new text begin $940,000 in the second year is to the
commissioner of natural resources for an
agreement with Anoka County to acquire
land in fee for conservation purposes that
connect wetlands and shallow lakes to
the Lamprey Pass Wildlife Management
Area. A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (d) new text end new text begin Living Shallow Lakes and Wetlands Initiative - Phase II new text end

new text begin $4,490,000 in the second year is to the
commissioner of natural resources for an
agreement with Ducks Unlimited to assess,
restore, and enhance shallow lakes and
wetlands, including technical assistance,
survey, design, and engineering to develop
new enhancement and restoration projects
for future implementation. A list of
proposed restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (e) new text end new text begin Accelerated Shallow Lakes and Wetlands Enhancement - Phase IV new text end

new text begin $3,870,000 in the second year is to the
commissioner of natural resources to
develop engineering designs and complete
construction to enhance shallow lakes and
wetlands. A list of proposed restorations and
enhancements must be provided as part of
the required accomplishment plan. Work
must be completed within three years of the
effective date of this article.
new text end

new text begin (f) new text end new text begin Marsh Lake Enhancement new text end

new text begin $2,630,000 in the second year is to the
commissioner of natural resources to
complete design and construction to modify
the dam at Marsh Lake and return the historic
outlet of the Pomme de Terre River to Lac
Qui Parle.
new text end

new text begin Subd. 5. new text end new text begin Habitats new text end

new text begin -0- new text end

new text begin 31,120,000 new text end

new text begin (a) new text end new text begin DNR Aquatic Habitat - Phase IV new text end

new text begin $3,480,000 in the second year is to the
commissioner of natural resources to
acquire interests in land in fee or permanent
conservation easements for aquatic
management areas under Minnesota Statutes,
sections 86A.05, subdivision 14, and
97C.02, and to restore and enhance aquatic
habitat. A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement stewardship
plan. Up to $25,000 is for establishing
a monitoring and enforcement fund as
approved in the accomplishment plan and
subject to Minnesota Statutes, section
97A.056, subdivision 17. An annual financial
report is required for any monitoring and
enforcement fund established, including
expenditures from the fund and a description
of annual monitoring and enforcement
activities.
new text end

new text begin (b) new text end new text begin Metro Big Rivers Habitat - Phase III new text end

new text begin $3,680,000 in the second year is to the
commissioner of natural resources for
agreements to acquire interests in land in
fee or permanent conservation easements
and to restore and enhance natural systems
associated with the Mississippi, Minnesota,
and St. Croix Rivers as follows: $1,000,000
to the Minnesota Valley National Wildlife
Refuge Trust, Inc.; $375,000 to the Friends
of the Mississippi; $375,000 to Great River
Greening; $930,000 to The Minnesota
Land Trust; and $1,000,000 to The Trust
for Public Land. A list of proposed
acquisitions, restorations, and enhancements
must be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement stewardship
plan. Up to $51,000 is for establishing
a monitoring and enforcement fund as
approved in the accomplishment plan and
subject to Minnesota Statutes, section
97A.056, subdivision 17. An annual financial
report is required for any monitoring and
enforcement fund established, including
expenditures from the fund and a description
of annual monitoring and enforcement
activities.
new text end

new text begin (c) new text end new text begin Dakota County Riparian and Lakeshore Protection and Management - Phase III new text end

new text begin $480,000 in the second year is to the
commissioner of natural resources for an
agreement with Dakota County to acquire
permanent conservation easements and
restore and enhance habitats along the
Mississippi, Cannon, and Vermillion Rivers.
A list of proposed acquisitions, restorations,
and enhancements must be provided as
part of the required accomplishment plan.
The accomplishment plan must include
an easement stewardship plan. Up to
$20,000 is for establishing a monitoring
and enforcement fund as approved in
the accomplishment plan and subject to
Minnesota Statutes, section 97A.056,
subdivision 17. An annual financial report is
required for any monitoring and enforcement
fund established, including expenditures
from the fund and a description of annual
monitoring and enforcement activities.
new text end

new text begin (d) new text end new text begin Lower St. Louis River Habitat Restoration new text end

new text begin $3,670,000 in the second year is to the
commissioner of natural resources to restore
habitat in the lower St. Louis River estuary.
A list of proposed projects must be provided
as part of the required accomplishment plan.
new text end

new text begin (e) new text end new text begin Coldwater Fish Habitat Enhancement - Phase IV new text end

new text begin $2,120,000 in the second year is to the
commissioner of natural resources for an
agreement with Minnesota Trout Unlimited
to restore and enhance coldwater fish lake,
river, and stream habitats in Minnesota. A list
of proposed restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (f) new text end new text begin Grand Marais Creek Outlet Restoration new text end

new text begin $2,320,000 in the second year is to the
commissioner of natural resources for an
agreement with the Red Lake Watershed
District to restore and enhance stream and
related habitat in Grand Marais Creek. A list
of proposed restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (g) new text end new text begin Knife River Habitat Restoration new text end

new text begin $380,000 in the second year is to the
commissioner of natural resources for an
agreement with the Lake Superior Steelhead
Association to restore trout habitat in the
Upper Knife River Watershed. A list of
proposed restorations must be provided as
part of the required accomplishment plan.
new text end

new text begin (h) new text end new text begin Protect Aquatic Habitat from Asian Carp new text end

new text begin $7,500,000 in the second year is to the
commissioner of natural resources to
design, construct, operate, and evaluate
structural deterrents for Asian carp to protect
Minnesota's aquatic habitat. Use of this
money requires a one-to-one match for
projects on state boundary waters.
new text end

new text begin (i) new text end new text begin Protect Aquatic Habitat from Aquatic Invasive Species new text end

new text begin $2,200,000 in the second year is to the Board
of Regents of the University of Minnesota
for research on aquatic invasive species that
threaten or have the potential to threaten
the state's lakes, rivers, streams, wetlands,
and other aquatic habitats for fish, game,
and wildlife. This appropriation is added to
the appropriation in article 2, section 4, for
the purposes specified in that section and is
available until June 30, 2018.
new text end

new text begin (j) new text end new text begin Aquatic Habitat Restoration Grants new text end

new text begin $300,000 in the second year is to the
commissioner of natural resources for
grants to local units of government and lake
associations for aquatic habitat restoration.
new text end

new text begin (k) new text end new text begin Outdoor Heritage Conservation Partners Grant Program - Phase IV new text end

new text begin $4,990,000 in the second year is to the
commissioner of natural resources for a
program to provide competitive, matching
grants of up to $400,000 to local, regional,
state, and national organizations for
enhancing, restoring, or protecting forests,
wetlands, prairies, and habitat for fish, game,
or wildlife in Minnesota. Grants shall not
be made for activities required to fulfill
the duties of owners of lands subject to
conservation easements. Grants shall not be
made from appropriations in this paragraph
for projects that have a total project cost
exceeding $575,000. $366,000 of this
appropriation may be spent for personnel
costs and other direct and necessary
administrative costs. Grantees may acquire
land or interests in land. Easements must be
permanent. Land acquired in fee must be
open to hunting and fishing during the open
season unless otherwise provided by state
law. The program shall require a match of
at least ten percent from nonstate sources
for all grants. The match may be cash or
in-kind resources. For grant applications
of $25,000 or less, the commissioner shall
provide a separate, simplified application
process. Subject to Minnesota Statutes, the
commissioner of natural resources shall,
when evaluating projects of equal value,
give priority to organizations that have a
history of receiving or charter to receive
private contributions for local conservation
or habitat projects. If acquiring land or a
conservation easement, priority shall be
given to projects associated with existing
wildlife management areas under Minnesota
Statutes, section 86A.05, subdivision 8;
scientific and natural areas under Minnesota
Statutes, sections 84.033 and 86A.05,
subdivision 5; and aquatic management areas
under Minnesota Statutes, sections 86A.05,
subdivision 14, and 97C.02. All restoration
or enhancement projects must be on land
permanently protected by a conservation
easement or public ownership or in public
waters as defined in Minnesota Statutes,
section 103G.005, subdivision 15. Priority
shall be given to restoration and enhancement
projects on public lands. Minnesota Statutes,
section 97A.056, subdivision 13, applies
to grants awarded under this paragraph.
This appropriation is available until June
30, 2016. No less than five percent of the
amount of each grant must be held back from
reimbursement until the grant recipient has
completed a grant accomplishment report by
the deadline and in the form prescribed by
and satisfactory to the Lessard-Sams Outdoor
Heritage Council. The commissioner shall
provide notice of the grant program in
the game and fish law summaries that are
prepared under Minnesota Statutes, section
97A.051, subdivision 2.
new text end

new text begin Subd. 6. new text end new text begin Administration new text end

new text begin -0- new text end

new text begin 220,000 new text end

new text begin (a) new text end new text begin Contract Management new text end

new text begin $175,000 in the second year is to the
commissioner of natural resources for
contract management duties assigned in this
section. The commissioner shall provide a
work program in the form specified by the
Lessard-Sams Outdoor Heritage Council
on the expenditure of this appropriation.
No money may be expended prior to
Lessard-Sams Outdoor Heritage Council
approval of the work program.
new text end

new text begin (b) new text end new text begin Technical Evaluation Panel new text end

new text begin $45,000 in the second year is to the
commissioner of natural resources for a
technical evaluation panel to conduct up to
ten restoration evaluations under Minnesota
Statutes, section 97A.056, subdivision 10.
new text end

new text begin Subd. 7. new text end new text begin Availability of Appropriation new text end

new text begin Money appropriated in this section may
not be spent on activities unless they are
directly related to and necessary for a
specific appropriation and are specified in
the accomplishment plan approved by the
Lessard-Sams Outdoor Heritage Council.
Money appropriated in this section must not
be spent on indirect costs or other institutional
overhead charges that are not directly related
to and necessary for a specific appropriation.
Unless otherwise provided, the amounts
in this section are available until June 30,
2015, when projects must be completed and
final accomplishments reported. Funds for
restoration or enhancement are available
until June 30, 2017, or four years after
acquisition, whichever is later, in order to
complete initial restoration or enhancement
work. If a project receives federal funds,
the time period of the appropriation is
extended to equal the availability of federal
funding. Funds appropriated for fee title
acquisition of land may be used to restore,
enhance, and provide for public use of the
land acquired with the appropriation. Public
use facilities must have a minimal impact
on habitat in acquired lands. If the purchase
price for a fee title acquisition funded with
an appropriation in this article falls below
the estimated purchase price contained in
the approved accomplishment plan and no
other acquisitions are listed in the approved
accomplishment plan, the difference between
the purchase price and the estimated purchase
price is canceled and returned to the outdoor
heritage fund.
new text end

new text begin Subd. 8. new text end new text begin Payment Conditions and Capital Equipment Expenditures new text end

new text begin All agreements referred to in this section must
be administered on a reimbursement basis
unless otherwise provided in this section.
Notwithstanding Minnesota Statutes, section
16A.41, expenditures directly related to each
appropriation's purpose made on or after July
1, 2012, or the date of accomplishment plan
approval, whichever is later, are eligible for
reimbursement unless otherwise provided in
this section. Periodic reimbursement must
be made upon receiving documentation that
the items articulated in the accomplishment
plan approved by the Lessard-Sams Outdoor
Heritage Council have been achieved,
including partial achievements as evidenced
by progress reports approved by the
Lessard-Sams Outdoor Heritage Council.
Reasonable amounts may be advanced to
projects to accommodate cash flow needs,
support future management of acquired
lands, or match a federal share. The
advances must be approved as part of the
accomplishment plan. Capital equipment
expenditures for specific items in excess of
$10,000 must be itemized in and approved as
part of the accomplishment plan.
new text end

Sec. 3.

new text begin [84.972] PRAIRIE GRASSLANDS PUBLIC GRAZING PROGRAM.
new text end

new text begin The commissioner of natural resources shall establish a prairie grasslands public
grazing program. The commissioner shall enter into cooperative farming agreements
or lease agreements with livestock owners to annually graze prairie and grasslands
administered by the commissioner where grazing will enhance wildlife habitat, including
management of invasive species. The commissioner shall establish a target of at least
50,000 acres of prairie and grasslands to be enrolled in the prairie grasslands public
grazing program. The commissioner shall maintain a list of lands grazed under the
program describing the location, acreage, and years grazed. The program shall have a goal
of being financially self-sufficient. Unless otherwise provided by law, revenues received
under this section shall be deposited in the game and fish fund and are appropriated to the
commissioner for purposes of the program.
new text end

Sec. 4.

Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Accomplishment plans. new text end

new text begin It is a condition of acceptance of money
appropriated from the outdoor heritage fund that the agency or entity using the
appropriation submits an accomplishment plan and periodic accomplishment reports
to the Lessard-Sams Outdoor Heritage Council in the form determined by the council.
The accomplishment plan must identify the project manager responsible for expending
the appropriation and the final product. The accomplishment plan must account for
the use of the appropriation and outcomes of the expenditure in measures of wetlands,
prairies, forests, and fish, game, and wildlife habitat restored, protected, and enhanced.
The plan must include an evaluation of results. If lands are acquired by fee with money
from the outdoor heritage fund, the accomplishment plan must include a hunting and
fishing management plan for the lands acquired by fee. No money appropriated from the
outdoor heritage fund may be expended unless the council has approved the pertinent
accomplishment plan.
new text end

Sec. 5.

Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Project requirements. new text end

new text begin (a) As a condition of accepting money
appropriated from the outdoor heritage fund, an agency or entity receiving money from
an appropriation must comply with this subdivision for any project funded in whole or
in part with funds from the appropriation.
new text end

new text begin (b) All conservation easements acquired with money appropriated from the outdoor
heritage fund must:
new text end

new text begin (1) be permanent;
new text end

new text begin (2) specify the parties to the easement;
new text end

new text begin (3) specify all of the provisions of an agreement that are permanent;
new text end

new text begin (4) specify the habitat types and location being protected;
new text end

new text begin (5) where appropriate for conservation or water protection outcomes, require the
grantor to employ practices retaining water on the eased land as long as practicable;
new text end

new text begin (6) specify the responsibilities of the parties for habitat enhancement and restoration
and the associated costs of these activities;
new text end

new text begin (7) be sent to the office of the Lessard-Sams Outdoor Heritage Council;
new text end

new text begin (8) include a long-term stewardship plan and identify the sources and amount of
funding for monitoring and enforcing the easement agreement; and
new text end

new text begin (9) identify the parties responsible for monitoring and enforcing the easement
agreement.
new text end

new text begin (c) For all restorations, a recipient must prepare and retain an ecological restoration
and management plan that, to the degree practicable, is consistent with current
conservation science and ecological goals for the restoration site. Consideration should
be given to soil, geology, topography, and other relevant factors that would provide the
best chance for long-term success and durability of the restoration. The plan must include
the proposed timetable for implementing the restoration, including, but not limited to,
site preparation, establishment of diverse plant species, maintenance, and additional
enhancement to establish the restoration; identify long-term maintenance and management
needs of the restoration and how the maintenance, management, and enhancement will be
financed; and use current conservation science to achieve the best restoration.
new text end

new text begin (d) For new lands acquired, a recipient must prepare a restoration and management
plan in compliance with paragraph (c), including identification of sufficient funding for
implementation.
new text end

new text begin (e) To ensure public accountability for the use of public funds, a recipient must
provide to the Lessard-Sams Outdoor Heritage Council documentation of the process used
to select parcels acquired in fee or as permanent conservation easements and must provide
the council with documentation of all related transaction costs, including, but not limited
to, appraisals, legal fees, recording fees, commissions, other similar costs, and donations.
This information must be provided for all parties involved in the transaction. The recipient
must also report to the Lessard-Sams Outdoor Heritage Council any difference between
the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal,
if a state-certified or state-reviewed appraisal was conducted. Acquisition data such as
appraisals may remain private during negotiations but must ultimately be made public
according to chapter 13.
new text end

new text begin (f) Except as otherwise provided in the appropriation, all restoration and
enhancement projects funded with money appropriated from the outdoor heritage fund
must be on land permanently protected by a conservation easement or public ownership or
in public waters as defined in section 103G.005, subdivision 15.
new text end

new text begin (g) To the extent an appropriation is used to acquire an interest in real property,
a recipient of an appropriation from the outdoor heritage fund must provide to the
Lessard-Sams Outdoor Heritage Council and the commissioner of management and
budget an analysis of increased operation and maintenance costs likely to be incurred by
public entities as a result of the acquisition and of how the costs are to be paid.
new text end

new text begin (h) A recipient of money appropriated from the outdoor heritage fund must give
consideration to Conservation Corps Minnesota for possible use of the corps' services to
contract for restoration and enhancement services.
new text end

new text begin (i) A recipient of money appropriated from the outdoor heritage fund must erect
signage according to Laws 2009, chapter 172, article 5, section 10.
new text end

Sec. 6.

Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin Purchase of recycled and recyclable materials. new text end

new text begin A political subdivision,
public or private corporation, or other entity that receives money appropriated from the
outdoor heritage fund must use the money in compliance with sections 16B.121, regarding
purchase of recycled, repairable, and durable materials, and 16B.122, regarding purchase
and use of paper stock and printing.
new text end

Sec. 7.

Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin Land acquisition restrictions. new text end

new text begin (a) An interest in real property, including,
but not limited to, an easement or fee title, that is acquired with money appropriated
from the outdoor heritage fund must be used in perpetuity or for the specific term of an
easement interest for the purpose for which the appropriation was made. The ownership
of the interest in real property transfers to the state if: (1) the holder of the interest in
real property fails to comply with the terms and conditions of the grant agreement or
accomplishment plan; or (2) restrictions are placed on the land that preclude its use for the
intended purpose as specified in the appropriation.
new text end

new text begin (b) A recipient of funding that acquires an interest in real property subject to this
subdivision may not alter the intended use of the interest in real property or convey any
interest in the real property acquired with the appropriation without the prior review and
approval of the Lessard-Sams Outdoor Heritage Council or its successor. The council
shall notify the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over the outdoor heritage fund at least 15 business days before
approval under this paragraph. The council shall establish procedures to review requests
from recipients to alter the use of or convey an interest in real property. These procedures
shall allow for the replacement of the interest in real property with another interest in real
property meeting the following criteria:
new text end

new text begin (1) the interest must be at least equal in fair market value, as certified by the
commissioner of natural resources, to the interest being replaced; and
new text end

new text begin (2) the interest must be in a reasonably equivalent location and have a reasonably
equivalent useful conservation purpose compared to the interest being replaced, taking
into consideration all effects from fragmentation of the whole habitat.
new text end

new text begin (c) A recipient of funding who acquires an interest in real property under paragraph
(a) must separately record a notice of funding restrictions in the appropriate local
government office where the conveyance of the interest in real property is filed. The
notice of funding agreement must contain:
new text end

new text begin (1) a legal description of the interest in real property covered by the funding
agreement;
new text end

new text begin (2) a reference to the underlying funding agreement;
new text end

new text begin (3) a reference to this section; and
new text end

new text begin (4) the following statement: "This interest in real property shall be administered in
accordance with the terms, conditions, and purposes of the grant agreement controlling the
acquisition of the property. The interest in real property, or any portion of the interest in
real property, shall not be sold, transferred, pledged, or otherwise disposed of or further
encumbered without obtaining the prior written approval of the Lessard-Sams Outdoor
Heritage Council or its successor. The ownership of the interest in real property transfers to
the state if: (1) the holder of the interest in real property fails to comply with the terms and
conditions of the grant agreement or accomplishment plan; or (2) restrictions are placed
on the land that preclude its use for the intended purpose as specified in the appropriation."
new text end

Sec. 8.

Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Real property interest report. new text end

new text begin (a) By December 1 each year, a recipient
of money appropriated from the outdoor heritage fund that is used for the acquisition of an
interest in real property, including, but not limited to, an easement or fee title, must submit
annual reports on the status of the real property to the Lessard-Sams Outdoor Heritage
Council or its successor in a form determined by the council. If lands are acquired by fee
with money from the outdoor heritage fund, the real property interest report must include
a verification of the status of the hunting and fishing management plan for the lands
acquired by fee. The responsibility for reporting under this subdivision may be transferred
by the recipient of the appropriation to another person or entity that holds the interest in
the real property. To complete the transfer of reporting responsibility, the recipient of
the appropriation must:
new text end

new text begin (1) inform the person to whom the responsibility is transferred of that person's
reporting responsibility;
new text end

new text begin (2) inform the person to whom the responsibility is transferred of the property
restrictions under subdivision 15; and
new text end

new text begin (3) provide written notice to the council of the transfer of reporting responsibility,
including contact information for the person to whom the responsibility is transferred.
new text end

new text begin (b) After the transfer, the person or entity that holds the interest in the real property
is responsible for reporting requirements under this subdivision.
new text end

Sec. 9.

Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
to read:

new text begin Subd. 17. new text end

new text begin Easement monitoring and enforcement requirements. new text end

new text begin Money
appropriated from the outdoor heritage fund for easement monitoring and enforcement
may be spent only on activities included in an easement monitoring and enforcement
plan contained within the accomplishment plan. Money received for monitoring and
enforcement, including earnings on the money received, shall be kept in a monitoring
and enforcement fund held by the organization and is appropriated for monitoring and
enforcing conservation easements in the state. Within 120 days after the close of the
entity's fiscal year, an entity receiving appropriations for easement monitoring and
enforcement must provide an annual financial report to the Lessard-Sams Outdoor
Heritage Council on the easement monitoring and enforcement fund as specified in the
accomplishment plan. Money appropriated from the outdoor heritage fund for monitoring
and enforcement of easements and earnings on the money appropriated shall revert
to the state if:
new text end

new text begin (1) the easement transfers to the state under subdivision 15;
new text end

new text begin (2) the holder of the easement fails to file an annual report and then fails to cure that
default within 30 days of notification of the default by the state; or
new text end

new text begin (3) the holder of the easement fails to comply with the terms of the monitoring and
enforcement plan contained within the accomplishment plan and fails to cure that default
within 90 days of notification of the default by the state.
new text end

Sec. 10.

Minnesota Statutes 2010, section 97A.056, is amended by adding a
subdivision to read:

new text begin Subd. 18. new text end

new text begin Successor organizations. new text end

new text begin The Lessard-Sams Outdoor Heritage Council
may approve the continuation of a project with an organization that has adopted a new
name. Continuation of a project with an organization that has undergone a significant
change in mission, structure, or purpose requires:
new text end

new text begin (1) notice to the chairs of the legislative committees and divisions with jurisdiction
over the outdoor heritage fund; and
new text end

new text begin (2) presentation by the council of proposed legislation either ratifying or rejecting
continued involvement with the new organization.
new text end

Sec. 11.

Minnesota Statutes 2010, section 97A.056, is amended by adding a
subdivision to read:

new text begin Subd. 19. new text end

new text begin Fee title acquisitions; open to taking fish and game. new text end

new text begin (a) Lands acquired
by fee with money appropriated from the outdoor heritage fund that are held by the
state must be open to the public taking of fish and game during the open season, unless
otherwise provided by state law.
new text end

new text begin (b) Lands acquired by fee with money appropriated from the outdoor heritage fund
that are held by the United States Fish and Wildlife Service must be open to the public
taking of fish and game during the open season according to the National Wildlife Refuge
System Improvement Act, United States Code, title 16, section 668dd, et seq.
new text end

new text begin (c) Except as provided in paragraph (b), lands acquired by fee with money
appropriated from the outdoor heritage fund that are held by a nonstate entity must be open
to the public taking of fish and game during the open season, unless otherwise prescribed
by the commissioner of natural resources.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively to July 1, 2009.
new text end

Sec. 12.

Minnesota Statutes 2010, section 97A.056, is amended by adding a
subdivision to read:

new text begin Subd. 20. new text end

new text begin Pasture land. new text end

new text begin (a) For the purposes of this subdivision, "pasture" means
any prairie or grassland that had been actively grazed anytime during the ten-year period
prior to acquisition and that is acquired in fee for wildlife management area purposes
under section 86A.05, subdivision 8.
new text end

new text begin (b) A recipient of money appropriated from the outdoor heritage fund that is used
to acquire, in fee, more than 20 acres of pasture, as defined in paragraph (a), or other
existing or restored prairie or grassland where grazing will be used as a wildlife habitat
management tool shall:
new text end

new text begin (1) maintain any existing fencing on the land consistent with a grazing management
program;
new text end

new text begin (2) install new perimeter fencing using funds from the outdoor heritage fund
appropriation, unless perimeter fencing capable of containing livestock for grazing is
already present; and
new text end

new text begin (3) enter into an agreement or agreements with a livestock owner or owners to
provide sufficient grazing of the pasture to enhance wildlife habitat, including management
of invasive species.
new text end

new text begin (c) The commissioner must annually report the location, acreage, and years grazed
for land subject to this subdivision.
new text end

Sec. 13.

Laws 2011, First Special Session chapter 6, article 1, section 2, subdivision 9,
is amended to read:

Subd. 9. Project Requirements

(a) As a condition of accepting an
appropriation made under this section, an
agency or entity receiving an appropriation
must comply with this subdivision for any
project funded in whole or in part with funds
from the appropriation.

(b) All conservation easements acquired with
money appropriated under this section must:
(1) be permanent; (2) specify the parties to
the easement; (3) specify all of the provisions
of an agreement that are permanent; (4)
specify the habitat types and location
being protected; (5) where appropriate for
conservation or water protection outcomes,
require the grantor to employ practices
retaining water on the eased land as long as
practicable; (6) specify the responsibilities
of the parties for habitat enhancement and
restoration and the associated costs of these
activities; (7) be sent to the office of the
Lessard-Sams Outdoor Heritage Council; (8)
include a long-term stewardship plan and
identify the sources and amount of funding
for monitoring and enforcing the easement
agreement; and (9) identify the parties
responsible for monitoring and enforcing the
easement agreement.

(c) For all restorations, a recipient must
prepare and retain an ecological restoration
and management plan that, to the degree
practicable, is consistent with current
conservation science and ecological goals
for the restoration site. Consideration should
be given to soil, geology, topography, and
other relevant factors that would provide
the best chance for long-term success and
durability of the restoration projects. The
plan must include the proposed timetable for
implementing the restoration, including, but
not limited to, site preparation, establishment
of diverse plant species, maintenance, and
additional enhancement to establish the
restoration; identify long-term maintenance
and management needs of the restoration
and how the maintenance, management,
and enhancement will be financed; and use
current conservation science to achieve the
best restoration.

(d) For new lands acquired, a recipient
must prepare a restoration and management
plan in compliance with paragraph (c),
including identification of sufficient funding
for implementation.

(e) To ensure public accountability for the
use of public funds, a recipient must provide
to the Lessard-Sams Outdoor Heritage
Council documentation of the process
used to select parcels acquired in fee or as
permanent conservation easements and must
provide the council with documentation
of all related transaction costs, including,
but not limited to, appraisals, legal fees,
recording fees, commissions, other similar
costs, and donations. This information
must be provided for all parties involved
in the transaction. The recipient must
also report to the Lessard-Sams Outdoor
Heritage Council any difference between the
acquisition amount paid to the seller and the
state-certified or state-reviewed appraisal, if
a state-certified or state-reviewed appraisal
was conducted. Acquisition data such
as appraisals may remain private during
negotiations but must ultimately be made
public according to Minnesota Statutes,
chapter 13.

(f) Except as otherwise provided in this
section, all restoration and enhancement
projects funded with money appropriated
under this section must be on land
permanently protected by a conservation
easement or public ownership or in public
waters as defined in Minnesota Statutes,
section 103G.005, subdivision 15.

(g) To the extent an appropriation is used to
acquire an interest in real property, a recipient
of an appropriation under this section must
provide to the Lessard-Sams Outdoor
Heritage Council and the commissioner
of management and budget an analysis of
increased operations and maintenance costs
likely to be incurred by public entities as
a result of the acquisition and of how these
costs are to be paid.

(h) A recipient of money from an
appropriation under this section must give
consideration to deleted text begin and make timely written
contact with deleted text end Conservation Corps Minnesota
for possible use of the corps' services to
contract for restoration and enhancement
services. deleted text begin A copy of the written contact
must be filed with the Lessard-Sams
Outdoor Heritage Council within 15 days of
execution.
deleted text end

(i) A recipient of money under this section
must erect signage according to Laws 2009,
chapter 172, article 5, section 10.

Sec. 14. new text begin LEGACY FUNDING REQUIREMENTS APPLY.
new text end

new text begin Each direct recipient of money appropriated in this article, as well as each
recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
Special Session chapter 6, article 5.
new text end

ARTICLE 2

CLEAN WATER FUND

Section 1.

Minnesota Statutes 2011 Supplement, section 114D.30, subdivision 4, is
amended to read:

Subd. 4.

Terms; compensation; removal.

The terms of members representing the
state agencies and the Metropolitan Council are four years and are coterminous with the
governor. The terms of other nonlegislative members of the council shall be as provided
in section 15.059, subdivision 2. Members may serve until their successors are appointed
and qualify. Compensation and removal of nonlegislative council members is as provided
in section 15.059, subdivisions 3 and 4. Compensation of legislative members is as
determined by the appointing authority. new text begin The Pollution Control Agency may reimburse
legislative members for expenses. new text end A vacancy on the council may be filled by the
appointing authority provided in subdivision 1 for the remainder of the unexpired term.

Sec. 2.

Laws 2009, chapter 172, article 2, section 4, as amended by Laws 2010, chapter
361, article 2, section 2, and Laws 2011, First Special Session chapter 6, article 2, section
23, is amended to read:

Sec. 4. POLLUTION CONTROL AGENCY

$

24,076,000

$

27,630,000

(a) $9,000,000 the first year and $9,000,000
the second year are to develop total
maximum daily load (TMDL) studies and
TMDL implementation plans for waters
listed on the United States Environmental
Protection Agency approved impaired
waters list in accordance with Minnesota
Statutes, chapter 114D. The agency shall
complete an average of ten percent of the
TMDLs each year over the biennium. Of
this amount, $348,000 the first year is to
retest the comprehensive assessment of the
biological conditions of the lower Minnesota
River and its tributaries within the Lower
Minnesota River Major Watershed, as
previously assessed from 1976 to 1992 under
the Minnesota River Assessment Project
(MRAP). The assessment must include the
same fish species sampling at the same 116
locations and the same macroinvertebrate
sampling at the same 41 locations as the
MRAP assessment. The assessment must:

(1) include an analysis of the findings; and

(2) identify factors that limit aquatic life in
the Minnesota River.

Of this amount, $250,000 the first year is
for a pilot project for the development of
total maximum daily load (TMDL) studies
conducted on a watershed basis within
the Buffalo River watershed in order to
protect, enhance, and restore water quality
in lakes, rivers, and streams. The pilot
project shall include all necessary field
work to develop TMDL studies for all
impaired subwatersheds within the Buffalo
River watershed and provide information
necessary to complete reports for most of the
remaining watersheds, including analysis of
water quality data, identification of sources
of water quality degradation and stressors,
load allocation development, development
of reports that provide protection plans
for subwatersheds that meet water quality
standards, and development of reports that
provide information necessary to complete
TMDL studies for subwatersheds that do not
meet water quality standards, but are not
listed as impaired.

(b) $500,000 the first year is for development
of an enhanced TMDL database to manage
and track progress. Of this amount, $63,000
the first year is to promulgate rules. By
November 1, 2010, the commissioner shall
submit a report to the chairs of the house of
representatives and senate committees with
jurisdiction over environment and natural
resources finance on the outcomes achieved
with this appropriation.

(c) $1,500,000 the first year and $3,169,000
the second year are for grants under
Minnesota Statutes, section 116.195, to
political subdivisions for up to 50 percent of
the costs to predesign, design, and implement
capital projects that use storm water or treated
municipal wastewater instead of groundwater
from drinking water aquifers, in order to
demonstrate the beneficial use of wastewater
or storm water, including the conservation
and protection of water resources. deleted text begin Of deleted text end new text begin
Notwithstanding Minnesota Statutes, section
116.195, of new text end this amount, $1,000,000 the first
year is for deleted text begin grants deleted text end new text begin a direct grant new text end to new text begin an new text end ethanol
deleted text begin plants deleted text end new text begin plant in Stevens County new text end that deleted text begin are deleted text end new text begin is new text end
within one and one-half miles of a city for
deleted text begin improvements that deleted text end deleted text begin use storm water or reuse
greater than 300,000 gallons of wastewater
per day deleted text end new text begin a pilot project to demonstrate the use
of innovative technology that utilizes effluent
from a commercial water-treatment system
in order to reduce the use of groundwater new text end .
This appropriation is available until June 30,
2016.

(d) $1,125,000 the first year and $1,125,000
the second year are for groundwater
assessment and drinking water protection to
include:

(1) the installation and sampling of at least
30 new monitoring wells;

(2) the analysis of samples from at least 40
shallow monitoring wells each year for the
presence of endocrine disrupting compounds;
and

(3) the completion of at least four to
five groundwater models for TMDL and
watershed plans.

(e) $2,500,000 the first year is for the clean
water partnership program. Priority shall be
given to projects preventing impairments and
degradation of lakes, rivers, streams, and
groundwater in accordance with Minnesota
Statutes, section 114D.20, subdivision 2,
clause (4). Any balance remaining in the first
year does not cancel and is available for the
second year.

(f) $896,000 the first year is to establish
a network of water monitoring sites, to
include at least 20 additional sites, in public
waters adjacent to wastewater treatment
facilities across the state to assess levels of
endocrine-disrupting compounds, antibiotic
compounds, and pharmaceuticals as required
in this article. The data must be placed on
the agency's Web site.

(g) $155,000 the first year is to provide
notification of the potential for coal tar
contamination, establish a storm water
pond inventory schedule, and develop best
management practices for treating and
cleaning up contaminated sediments as
required in this article. $490,000 the second
year is to provide grants to local units of
government for up to 50 percent of the costs
to implement best management practices to
treat or clean up contaminated sediments
in storm water ponds and other waters as
defined under this article. Local governments
must have adopted an ordinance for the
restricted use of undiluted coal tar sealants
in order to be eligible for a grant, unless a
statewide restriction has been implemented.
A grant awarded under this paragraph must
not exceed $100,000. Up to $145,000 of the
appropriation in the second year may be used
to complete work required under section 28,
paragraph (c).

(h) $350,000 the first year and $600,000 the
second year are for a restoration project in
the lower St. Louis River and Duluth harbor
in order to improve water quality. This
appropriation must be matched by nonstate
money at a rate of at least $2 for every $1 of
state money.

(i) $150,000 the first year and $196,000 the
second year are for grants to the Red River
Watershed Management Board to enhance
and expand existing river watch activities in
the Red River of the North. The Red River
Watershed Management Board shall provide
a report that includes formal evaluation
results from the river watch program to the
commissioners of education and the Pollution
Control Agency and to the legislative natural
resources finance and policy committees
and K-12 finance and policy committees by
February 15, 2011.

(j) $200,000 the first year and $300,000 the
second year are for coordination with the
state of Wisconsin and the National Park
Service on comprehensive water monitoring
and phosphorus reduction activities in the
Lake St. Croix portion of the St. Croix
River. The Pollution Control Agency
shall work with the St. Croix Basin Water
Resources Planning Team and the St. Croix
River Association in implementing the
water monitoring and phosphorus reduction
activities. This appropriation is available
to the extent matched by nonstate sources.
Money not matched by November 15, 2010,
cancels for this purpose and is available for
the purposes of paragraph (a).

(k) $7,500,000 the first year and $7,500,000
the second year are for completion of 20
percent of the needed statewide assessments
of surface water quality and trends. Of this
amount, $175,000 the first year and $200,000
the second year are for monitoring and
analyzing endocrine disruptors in surface
waters.

(l) $100,000 the first year and $150,000
the second year are for civic engagement
in TMDL development. The agency shall
develop a plan for expenditures under
this paragraph. The agency shall give
consideration to civic engagement proposals
from basin or sub-basin organizations,
including the Mississippi Headwaters Board,
the Minnesota River Joint Powers Board,
Area II Minnesota River Basin Projects,
and the Red River Basin Commission.
By November 15, 2009, the plan shall be
submitted to the house and senate chairs
and ranking minority members of the
environmental finance divisions.

(m) $5,000,000 the second year is for
groundwater protection or prevention of
groundwater degradation activities. By
January 15, 2010, the commissioner, in
consultation with the commissioner of
natural resources, the Board of Water and
Soil Resources, and other agencies, shall
submit a report to the chairs of the house of
representatives and senate committees with
jurisdiction over the clean water fund on the
intended use of these funds. The legislature
must approve expenditure of these funds by
law.

Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.

Sec. 3.

Laws 2011, First Special Session chapter 6, article 2, section 7, is amended to
read:

Sec. 7. BOARD OF WATER AND SOIL RESOURCES

$

27,534,000

$

deleted text begin 27,534,000 deleted text end new text begin 31,734,000 new text end

(a) $13,750,000 the first year and
deleted text begin $13,750,000 deleted text end new text begin $15,350,000 new text end the second year are
for pollution reduction and restoration grants
to local government units and joint powers
organizations of local government units to
protect surface water and drinking water; to
keep water on the land; to protect, enhance,
and restore water quality in lakes, rivers,
and streams; and to protect groundwater
and drinking water, including feedlot water
quality and subsurface sewage treatment
system (SSTS) projects and stream bank,
stream channel, and shoreline restoration
projects. The projects must be of long-lasting
public benefit, include a match, and be
consistent with TMDL implementation plans
or local water management plans.

(b) $3,000,000 the first year and deleted text begin $3,000,000 deleted text end new text begin
$3,600,000 new text end the second year are for targeted
local resource protection and enhancement
grants. The board shall give priority
consideration to projects and practices
that complement, supplement, or exceed
current state standards for protection,
enhancement, and restoration of water
quality in lakes, rivers, and streams or that
protect groundwater from degradation. Of
this amount, at least $1,500,000 each year is
for county SSTS implementation.

(c) $900,000 the first year and deleted text begin $900,000 deleted text end new text begin
$1,200,000 new text end the second year are to
provide state oversight and accountability,
evaluate results, and new text begin develop an electronic
system to new text end measure new text begin and track new text end the value of
conservation program implementation by
local governments, including submission
to the legislature by March 1 each year
an annual report prepared by the board,
in consultation with the commissioners of
natural resources, health, agriculture, and
the Pollution Control Agency, detailing the
recipients and projects funded under this
section. The board shall require grantees to
specify the outcomes that will be achieved
by the grants prior to any grant awards.

(d) $1,000,000 the first year and deleted text begin $1,000,000 deleted text end new text begin
$1,700,000 new text end the second year are for technical
assistance and grants for the conservation
drainage program in consultation with
the Drainage Work Group, created under
Minnesota Statutes, section 103B.101,
subdivision 13, that consists of projects to
retrofit deleted text begin existing deleted text end new text begin or supplement new text end drainage
systems with water quality improvement
practices, evaluate outcomes, and provide
outreach to landowners, public drainage
authorities, drainage engineers and
contractors, and others. new text begin The board shall
coordinate practice standards with the
Natural Resources Conservation Service of
the United States Department of Agriculture
and seek to leverage federal funds as
part of conservation drainage program
implementation.
new text end

(e) $6,000,000 the first year and $6,000,000
the second year are to purchase and restore
permanent conservation easements on
riparian buffers adjacent to public waters,
excluding wetlands, to keep water on the
land in order to decrease sediment, pollutant,
and nutrient transport; reduce hydrologic
impacts to surface waters; and increase
infiltration for groundwater recharge. The
riparian buffers must be at least 50 feet
unless there is a natural impediment, a road,
or other impediment beyond the control
of the landowner. This appropriation may
be used for restoration of riparian buffers
protected by easements purchased with
this appropriation and for stream bank
restorations when the riparian buffers have
been restored.

(f) $1,300,000 the first year and deleted text begin $1,300,000 deleted text end new text begin
$2,300,000 new text end the second year are for
permanent conservation easements on
wellhead protection areas under Minnesota
Statutes, section 103F.515, subdivision 2,
paragraph (d). Priority must be placed on
land that is located where the vulnerability
of the drinking water supply is designated
as high or very high by the commissioner
of health. new text begin The board shall coordinate
with the United States Geological Survey,
the commissioners of health and natural
resources, and local communities contained
in the Decorah and St. Lawrence Edge areas
of Winona, Goodhue, Olmsted, and Wabasha
Counties to obtain easements in identified
areas as having the most vulnerability to
groundwater contamination.
new text end

(g) $1,500,000 the first year and $1,500,000
the second year are for community partners
grants to local units of government for:
(1) structural or vegetative management
practices that reduce storm water runoff
from developed or disturbed lands to reduce
the movement of sediment, nutrients, and
pollutants for restoration, protection, or
enhancement of water quality in lakes, rivers,
and streams and to protect groundwater
and drinking water; and (2) installation
of proven and effective water retention
practices including, but not limited to, rain
gardens and other vegetated infiltration
basins and sediment control basins in order
to keep water on the land. The projects
must be of long-lasting public benefit,
include a local match, and be consistent with
TMDL implementation plans or local water
management plans. Local government unit
staff and administration costs may be used
as a match.

(h) $84,000 the first year and $84,000 the
second year are for a technical evaluation
panel to conduct up to ten restoration
evaluations under Minnesota Statutes,
section 114D.50, subdivision 6.

(i) The board shall contract for services
with Conservation Corps Minnesota for
restoration, maintenance, and other activities
under this section for $500,000 the first year
and $500,000 the second year.

(j) The board may shift grant or cost-share
funds in this section and may adjust the
technical and administrative assistance
portion of the funds to leverage federal or
other nonstate funds or to address oversight
responsibilities or high-priority needs
identified in local water management plans.

(k) The appropriations in this section are
available until June 30, 2016.

Sec. 4. new text begin AQUATIC INVASIVE SPECIES; APPROPRIATION.
new text end

new text begin (a) $2,200,000 in fiscal year 2013 is appropriated from the clean water fund to
the Board of Regents of the University of Minnesota for research, in consultation with
other institutions of higher learning in Minnesota, on aquatic invasive species that
threaten or have the potential to threaten the water quality of the state's lakes, rivers, and
streams. With the approval of the Board of Regents of the University of Minnesota,
the appropriation shall fund the following within the College of Food, Agricultural and
Natural Resource Sciences' Department of Fisheries, Wildlife and Conservation Biology:
new text end

new text begin (1) three research assistant professors with three different focus areas, to include
environmental DNA, zebra mussels, and fish ecology;
new text end

new text begin (2) one fish care technician;
new text end

new text begin (3) five graduate students within the Department of Fisheries, Wildlife and
Conservation Biology; and
new text end

new text begin (4) up to $1,050,000 in equipment necessary for the research activities under this
paragraph.
new text end

new text begin (b) This is a onetime appropriation and is available until June 30, 2018.
new text end

Sec. 5. new text begin LEGACY FUNDING REQUIREMENTS APPLY.
new text end

new text begin All appropriations in this article are onetime and are subject to the requirements
and availability provisions provided under Laws 2011, First Special Session chapter 6,
articles 2 and 5. Each direct recipient of money appropriated in this article, as well as each
recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
Special Session chapter 6, articles 2 and 5.
new text end

ARTICLE 3

PARKS AND TRAILS FUND

Section 1.

Laws 2009, chapter 172, article 3, section 3, is amended to read:

Sec. 3. METROPOLITAN COUNCIL

$

12,641,000

$

15,140,000

(a) $12,641,000 the first year and
$15,140,000 the second year are from the
parks and trails fund to be distributed as
required under new Minnesota Statutes,
section 85.535, subdivision 3, except that
of this amount, $40,000 the first year is for
a grant to Hennepin County to plant trees
along the Victory Memorial Parkway. new text begin For
acquisition of an interest in real property,
appropriations under this section are
available until June 30, 2013.
new text end

(b) The Metropolitan Council shall submit
a report on the expenditure and use of
money appropriated under this section to
the legislature as provided in Minnesota
Statutes, section 3.195, by March 1 of each
year. The report must detail the outcomes in
terms of additional use of parks and trails
resources, user satisfaction surveys, and
other appropriate outcomes.

(c) Grant agreements entered into by the
Metropolitan Council and recipients of
money appropriated under this section shall
ensure that the funds are used to supplement
and not substitute for traditional sources of
funding.

(d) The implementing agencies receiving
appropriations under this section shall
give consideration to contracting with the
Minnesota Conservation Corps for contract
restoration, maintenance, and other activities.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 4

ARTS AND CULTURAL HERITAGE FUND

Section 1.

Minnesota Statutes 2010, section 16B.98, subdivision 5, is amended to read:

Subd. 5.

Creation and validity of grant agreements.

(a) A grant agreement is
not valid and the state is not bound by the grant unless:

(1) the grant has been executed by the head of the agency or a delegate who is
party to the grant; deleted text begin and
deleted text end

(2) the accounting system shows an encumbrance for the amount of the grant in
accordance with policy approved by the commissioner deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) the grant agreement includes an effective date that references either section
16C.05, subdivision 2, or 16B.98, subdivisions 5 and 7, as determined by the granting
agency.
new text end

(b) The combined grant agreement and amendments must not exceed five years
without specific, written approval by the commissioner according to established policy,
procedures, and standards, or unless the commissioner determines that a longer duration is
in the best interest of the state.

(c) A fully executed copy of the grant agreement with all amendments and other
required records relating to the grant must be kept on file at the granting agency for a time
equal to that required of grantees in subdivision 8.

(d) Grant agreements must comply with policies established by the commissioner
for minimum grant agreement standards and practices.

(e) The attorney general may periodically review and evaluate a sample of state
agency grants to ensure compliance with applicable laws.

Sec. 2.

Minnesota Statutes 2010, section 16B.98, subdivision 7, is amended to read:

Subd. 7.

Grant payments.

Payments to the grantee may not be issued until the
grant agreement is fully executed. new text begin Encumbrances for grants issued by June 30 may be
certified for a period of one year beyond the year in which the funds were originally
appropriated as provided by section 16A.28, subdivision 6.
new text end

Sec. 3.

Minnesota Statutes 2010, section 116U.26, is amended to read:

116U.26 FILM PRODUCTION JOBS PROGRAM.

(a) The film production jobs program is created. The program shall be operated
by the Minnesota Film and TV Board with administrative oversight and control by the
deleted text begin director of Explore Minnesota Tourism deleted text end new text begin commissioner of administration new text end . The program
shall make payment to producers of feature films, national television or Internet programs,
documentaries, music videos, and commercials that directly create new film jobs in
Minnesota. To be eligible for a payment, a producer must submit documentation to the
Minnesota Film and TV Board of expenditures for production costs incurred in Minnesota
that are directly attributable to the production in Minnesota of a film product.

The Minnesota Film and TV Board shall make recommendations to the deleted text begin director of
Explore Minnesota Tourism deleted text end new text begin commissioner of administration new text end about program payment, but
the deleted text begin director deleted text end new text begin commissioner new text end has the authority to make the final determination on payments.
The deleted text begin director's deleted text end new text begin commissioner's new text end determination must be based on proper documentation of
eligible production costs submitted for payments. No more than five percent of the funds
appropriated for the program in any year may be expended for administration.

(b) For the purposes of this section:

(1) "production costs" means the cost of the following:

(i) a story and scenario to be used for a film;

(ii) salaries of talent, management, and labor, including payments to personal
services corporations for the services of a performing artist;

(iii) set construction and operations, wardrobe, accessories, and related services;

(iv) photography, sound synchronization, lighting, and related services;

(v) editing and related services;

(vi) rental of facilities and equipment; or

(vii) other direct costs of producing the film in accordance with generally accepted
entertainment industry practice; and

(2) "film" means a feature film, television or Internet show, documentary, music
video, or television commercial, whether on film, video, or digital media. Film does not
include news, current events, public programming, or a program that includes weather
or market reports; a talk show; a production with respect to a questionnaire or contest; a
sports event or sports activity; a gala presentation or awards show; a finished production
that solicits funds; or a production for which the production company is required under
United States Code, title 18, section 2257, to maintain records with respect to a performer
portrayed in a single-media or multimedia program.

(c) Notwithstanding any other law to the contrary, the Minnesota Film and TV Board
may make reimbursements of: (1) up to 20 percent of film production costs for films that
locate production outside the metropolitan area, as defined in section 473.121, subdivision
2, or that incur production costs in excess of $5,000,000 in the metropolitan area within
a 12-month period; or (2) up to 15 percent of film production costs for films that incur
production costs of $5,000,000 or less in the metropolitan area within a 12-month period.

Sec. 4.

Laws 2011, First Special Session chapter 6, article 4, section 2, subdivision 5,
is amended to read:

Subd. 5. Minnesota Historical Society

12,050,000

deleted text begin 12,050,000 deleted text end new text begin 12,950,000 new text end

These amounts are appropriated to the
governing board of the Minnesota Historical
Society to preserve and enhance access to
Minnesota's history and its cultural and
historical resources. Grant agreements
entered into by the Minnesota Historical
Society and other recipients of appropriations
in this subdivision shall ensure that
these funds are used to supplement and
not substitute for traditional sources of
funding. Funds directly appropriated to the
Minnesota Historical Society shall be used to
supplement, and not substitute for, traditional
sources of funding. Notwithstanding
Minnesota Statutes, section 16A.28, for
historic preservation projects that improve
historic structures, the amounts are available
until June 30, 2015.

Statewide Historic and Cultural Grants.
$5,250,000 the first year and deleted text begin $5,250,000 deleted text end new text begin
$5,450,000 new text end the second year are for history
programs and projects operated or conducted
by or through local, county, regional, or
other historical or cultural organizations; or
for activities to preserve significant historic
and cultural resources. Funds are to be
distributed through a competitive grants
process. The Minnesota Historical Society
shall administer these funds using established
grants mechanisms, with assistance from
the advisory committee created under Laws
2009, chapter 172, article 4, section 2,
subdivision 4, paragraph (b), item (ii).

Programs. $4,800,000 the first year and
deleted text begin $4,800,000 deleted text end new text begin $5,200,000 new text end the second year are
for programs and purposes related to the
historical and cultural heritage of the state
of Minnesota, conducted by the Minnesota
Historical Society.

History Partnerships. $1,500,000 the first
year and deleted text begin $1,500,000 deleted text end new text begin $1,700,000 new text end the second
year are for partnerships involving multiple
organizations, which may include the
Minnesota Historical Society, to preserve and
enhance access to Minnesota's history and
cultural heritage in all regions of the state.

Statewide Survey of Historical and
Archaeological Sites. $250,000 the first
year and $250,000 the second year are
for a contract or contracts to be let on a
competitive basis to conduct statewide
surveys of Minnesota's sites of historical,
archaeological, and cultural significance.
Results of this survey must be published in
a searchable form, available to the public on
a cost-free basis. The Minnesota Historical
Society, the Office of the State Archaeologist,
and the Indian Affairs Council shall each
appoint a representative to an oversight
board to select contractors and direct the
conduct of these surveys. The oversight
board shall consult with the Departments of
Transportation and Natural Resources.

Digital Library. $250,000 the first year and
$250,000 the second year are for a digital
library project to preserve, digitize, and share
Minnesota images, documents, and historical
materials. The Minnesota Historical Society
shall cooperate with the Minitex interlibrary
loan system and shall jointly share this
appropriation for these purposes.

new text begin new text begin Commemoration Activities. new text end $100,000
the second year is for activities that
commemorate the sesquicentennial of
the American Civil War and the Dakota
Conflict, as recommended by the Civil War
Commemoration Task Force established in
Executive Order 11-15 (2011).
new text end

Sec. 5. new text begin COMMEMORATION PROGRAMMING; APPROPRIATION.
new text end

new text begin $80,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund
to the commissioner of administration for grants to public broadcasting organizations to
develop programming that commemorates the sesquicentennial of the American Civil War
and the Dakota Conflict. This appropriation is divided as follows:
new text end

new text begin (1) $15,000 is for a grant to Minnesota Public Radio;
new text end

new text begin (2) $15,000 is for a grant to the Association of Minnesota Public Educational Radio
Stations; and
new text end

new text begin (3) $50,000 is for a grant to Twin Cities Public Television to complete production
of two historic documentaries and to develop an educational Web site that provides
Minnesota educators and students with access to documentary content, video segments,
and lesson guides. Notwithstanding Minnesota Statutes, section 129D.17, subdivision 2,
paragraph (f), Twin Cities Public Television may spend a portion of this appropriation for
travel and filming outside of Minnesota.
new text end

Sec. 6. new text begin FILM PRODUCTION INCENTIVE PROGRAM; APPROPRIATION.
new text end

new text begin $600,000 is appropriated in fiscal year 2013 from the arts and cultural heritage
fund to the commissioner of administration for a new film production incentive program.
The commissioner, in consultation with the Independent Feature Project/Minnesota,
shall reimburse film producers for eligible production costs incurred to produce a film
or documentary in Minnesota. Eligible production costs are expenditures incurred in
Minnesota that are directly attributable to the production of a film or documentary in
Minnesota. Eligible production costs include talent, management, labor, set construction
and operation, wardrobe, sound synchronization, lighting, editing, rental facilities and
equipment, and other direct costs of producing a film or documentary in accordance
with generally accepted entertainment industry practices. A producer must agree, to
the greatest extent possible, to procure all eligible production inputs in Minnesota. A
producer must submit proper documentation of eligible production costs incurred to the
commissioner of administration.
new text end

Sec. 7. new text begin HISTORICAL RULEMAKING WEB SITE; APPROPRIATION.
new text end

new text begin $35,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund to
the revisor of statutes to design and implement a Web site to provide the public searchable
access to historical documents relating to state agency rulemaking. It is anticipated that
the revisor of statutes will match this appropriation from carryforward funds and that the
revisor will use the carryforward funds to design and implement a Web site that will
provide the public searchable access to future state agency rulemaking documents.
new text end

Sec. 8. new text begin LET'S GO FISHING; APPROPRIATION.
new text end

new text begin $100,000 in fiscal year 2013 is appropriated from the arts and cultural heritage fund
to the commissioner of natural resources for a grant to Let's Go Fishing of Minnesota to
provide community outreach to senior citizens, youth, and veterans and for the costs
associated with establishing and recruiting new chapters in order to preserve Minnesota's
cultural heritage of fishing. The grants must be matched with cash or in-kind contributions
from nonstate sources.
new text end

Sec. 9. new text begin LEGACY FUNDING REQUIREMENTS APPLY.
new text end

new text begin All appropriations in this article are onetime and are subject to the requirements
and availability provisions provided under Laws 2011, First Special Session chapter 6,
articles 4 and 5. Each direct recipient of money appropriated in this article, as well as each
recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
Special Session chapter 6, articles 4 and 5.
new text end

Sec. 10. new text begin GOVERNOR TO URGE PRESIDENTIAL PARDON OF CHASKA.
new text end

new text begin The governor, in consultation with the chairs of the house and senate committees
with jurisdiction over legacy funds, shall urge the President of the United States to pardon
We-Chank-Wash-ta-don-pee, also known as Chaska, for alleged crimes stemming from
the Dakota Conflict of 1862.
new text end