HF 471

as introduced - 87th Legislature (2011 - 2012) Posted on 02/10/2011 10:41am

A bill for an act
relating to natural resources; appropriating money from the outdoor heritage
fund; modifying certain outdoor heritage provisions; amending Minnesota
Statutes 2010, section 97A.056, subdivision 2, by adding a subdivision; Laws
2009, chapter 172, article 1, section 2, subdivision 3.

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

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 act. 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 act mean that the appropriations listed under them
are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The
first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" is
fiscal years 2012 and 2013. The appropriations in this act 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 86,471,000 new text end

new text begin $ new text end

new text begin 471,000 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 32,671,000 new text end

new text begin -0- new text end

new text begin (a) Wildlife Management Area, Scientific
and Natural Areas, and Prairie Bank
Easement Acquisition - Phase III
new text end

new text begin $3,931,000 the first year is to the
commissioner of natural resources to:
new text end

new text begin (1) acquire land in fee for wildlife
management area purposes under Minnesota
Statutes, sections 86A.05, subdivision 8, and
97A.145;
new text end

new text begin (2) acquire land in fee for scientific and
natural area purposes under Minnesota
Statutes, sections 84.033 and 86A.05,
subdivision 5; and
new text end

new text begin (3) acquire native prairie bank easements
under Minnesota Statutes, section 84.96.
new text end

new text begin A list of proposed land or permanent
conservation easement acquisitions must
be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement monitoring
and enforcement plan. Money appropriated
from the outdoor heritage fund for easement
acquisition may be used to establish a
monitoring and enforcement fund as
approved in the accomplishment plan,
and subject to subdivision 15. An annual
financial report is required for any monitoring
and enforcement fund established, including
expenditures from the fund.
new text end

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

new text begin $1,652,000 the first year is to the
commissioner of natural resources to
accelerate the restoration and enhancement
on wildlife management areas, scientific
and natural areas, and land under native
prairie bank easements. All restorations must
comply with subdivision 9, paragraph (b).
new text end

new text begin (c) Minnesota Buffers for Wildlife and
Water
new text end

new text begin $2,249,000 the first 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 riparian wildlife buffers on
private land. A list of proposed easement
acquisitions must be provided as part of
the required accomplishment plan. The
accomplishment plan must include an
easement monitoring and enforcement
plan. Money appropriated from the outdoor
heritage fund for easement acquisition
may be used to establish a monitoring
and enforcement fund as approved in
the accomplishment plan and subject to
subdivision 15. An annual financial report is
required for any monitoring and enforcement
fund established, including expenditures
from the fund.
new text end

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

new text begin $1,720,000 the first year is to the
commissioner of natural resources for an
agreement with The Nature Conservancy
to acquire land or permanent 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 (e) Minnesota Prairie Recovery Project -
Phase II
new text end

new text begin $4,500,000 the first 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.
Acquisitions, restorations, and enhancements
must be within the two existing and two
additional pilot focus areas contained in
the accomplishment plan. Annual income
statements and balance sheets for income
and expenses from land acquired with
appropriations from the outdoor heritage
fund must be submitted to the Lessard-Sams
Outdoor Heritage Council. All restorations
must comply with subdivision 9, paragraph
(b).
new text end

new text begin (f) Cannon River Headwaters Habitat
Complex - Phase I
new text end

new text begin $1,533,000 the first 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 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. All restorations must
comply with subdivision 9, paragraph (b).
new text end

new text begin (g) Accelerating the Wildlife Management
Area Program - Phase III
new text end

new text begin $5,500,000 the first year is to the
commissioner of natural resources for an
agreement with Pheasants Forever to acquire
prairie and other habitat areas 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 (h) Accelerating the Waterfowl Production
Area Program - Phase III
new text end

new text begin $9,815,000 the first year is to the
commissioner of natural resources for
an agreement with Pheasants Forever to
accelerate the acquisition of wetlands and
grasslands to be added to the waterfowl
production area system 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 (i) The Green Corridor Legacy Program -
Phase III
new text end

new text begin $1,771,000 the first year is to the
commissioner of natural resources for
an agreement with the Redwood Area
Development Corporation to acquire land
for wildlife management area purposes
under Minnesota Statutes, section 86A.05,
subdivision 8, or 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 Subd. 3. new text end new text begin Forests new text end

new text begin 14,371,000 new text end

new text begin -0- new text end

new text begin (a) Minnesota Forests for the Future -
Phase III
new text end

new text begin $5,409,000 the first year is to the
commissioner of natural resources to
acquire forest and wetland habitat through
working forest easements and fee acquisition
under the Minnesota forests for the future
program pursuant to Minnesota Statutes,
section 84.66. A conservation easement
acquired with money appropriated under this
paragraph must comply with subdivision
13. 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. Money appropriated
from the outdoor heritage fund for easement
acquisition may be used to establish a
monitoring and enforcement fund as
approved in the accomplishment plan
and subject to subdivision 15. An annual
financial report is required for any monitoring
and enforcement fund established, including
expenditures from the fund.
new text end

new text begin (b) LaSalle Lake: Protecting Critical
Mississippi Headwaters Habitat
new text end

new text begin $4,632,000 the first year is to the
commissioner of natural resources for an
agreement with The Trust for Public Land
to acquire land adjacent to LaSalle Lake in
Hubbard County. A list of proposed land
acquisitions must be provided as part of
the required accomplishment plan. If the
acquisition is not completed by July 15,
2012, or if a balance remains after acquisition
of land, the money under this paragraph is
available for acquisition under subdivision
2, paragraph (a).
new text end

new text begin (c) Accelerated Forest Habitat
Enhancement - Phase II
new text end

new text begin $826,000 the first year is to the commissioner
of natural resources to restore and enhance
lands in state forests, pursuant to Minnesota
Statutes, 89.021. All restorations must
comply with subdivision 9, paragraph (b).
new text end

new text begin (d) Northeastern Minnesota Sharp-Tailed
Grouse Habitat Partnership - Phase II
new text end

new text begin $988,000 the first 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 (e) Lower Mississippi River Habitat
Partnership - Phase II
new text end

new text begin $707,000 the first year is to the commissioner
of natural resources to acquire and enhance
habitat in the lower Root River and
lower Zumbro River watersheds, pursuant
to Minnesota Statutes, section 86A.05,
subdivisions 7 and 8. A list of proposed land
acquisitions must be provided as part of the
required accomplishment plan.
new text end

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

new text begin $604,000 the first year is to the commissioner
of natural resources for an agreement with
Cass County to acquire land in fee 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 (g) State Forest Acquisition
new text end

new text begin $1,205,000 the first year is to the
commissioner of natural resources to acquire
land in fee and permanent management
access easements for state forests under
Minnesota Statutes, section 86A.05,
subdivision 7. A list of proposed land
acquisitions 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 15,827,000 new text end

new text begin -0- new text end

new text begin (a) Reinvest in Minnesota Wetlands
Reserve Acquisition and Restoration
Program Partnership - Phase III
new text end

new text begin $13,000,000 the first year is to the Board
of Water and Soil Resources to acquire
permanent conservation easements and
restore wetlands and associated upland
habitat in cooperation with the United States
Department of Agriculture Wetlands Reserve
Program. A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan. All restorations must
comply with subdivision 9, paragraph (b).
The accomplishment plan must include
an easement monitoring and enforcement
plan. Money appropriated from the outdoor
heritage fund for easement acquisition
may be used to establish a monitoring
and enforcement fund as approved in
the accomplishment plan and subject to
subdivision 15. An annual financial report is
required for any monitoring and enforcement
fund established, including expenditures
from the fund and a description of monitoring
and enforcement activities.
new text end

new text begin (b) Accelerated Shallow Lakes and
Wetlands Restoration and Enhancement -
Phase III
new text end

new text begin $936,000 the first year is to the commissioner
of natural resources to develop engineering
designs for shallow lakes and wetlands and
restore and enhance shallow lakes.
new text end

new text begin (c) Shallow Lake Shoreland Protection:
Wild Rice Lakes
new text end

new text begin $1,891,000 the first year is to the
commissioner of natural resources for an
agreement with Ducks Unlimited and the
Board of Water and Soil Resources to
acquire wild rice lake shoreland habitat in
fee and as permanent conservation easements
as follows: $500,000 to the Department
of Natural Resources; $1,100,000 to the
Board of Water and Soil Resources; and
$291,000 to Ducks Unlimited. 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. Money appropriated from the outdoor
heritage fund for easement acquisition
may be used to establish a monitoring
and enforcement fund as approved in
the accomplishment plan and subject to
subdivision 15. An annual financial report is
required for any monitoring and enforcement
fund established, including expenditures
from the fund.
new text end

new text begin Subd. 5. new text end new text begin Habitat new text end

new text begin 22,914,000 new text end

new text begin -0- new text end

new text begin (a) Accelerated Aquatic Management
Area Habitat Program - Phase III
new text end

new text begin $6,500,000 the first 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,
to restore and enhance aquatic habitat. A
list of proposed acquisitions and stream and
lake habitat restorations and enhancements
must be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement monitoring
and enforcement plan. Money appropriated
from the outdoor heritage fund for easement
acquisition may be used to establish a
monitoring and enforcement fund as
approved in the accomplishment plan
and subject to subdivision 15. An annual
financial report is required for any monitoring
and enforcement fund established, including
expenditures from the fund.
new text end

new text begin (b) Coldwater Fish Habitat Enhancement
Program - Phase III
new text end

new text begin $1,533,000 the first year is to the
commissioner of natural resources for an
agreement with Minnesota Trout Unlimited.
A list of proposed projects, describing
types and locations of restorations and
enhancements, must be provided as part of
the required accomplishment plan.
new text end

new text begin (c) Land Addition to the Janet Johnson
Memorial Wildlife Management Area
new text end

new text begin $577,000 the first year is to the commissioner
of natural resources for an agreement with
Chisago County to acquire land in fee to
be added to the Janet Johnson Memorial
Wildlife Management Area 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) Metro Big Rivers Habitat - Phase II
new text end

new text begin $5,000,000 the first 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: $960,000
to the Minnesota Valley National Wildlife
Refuge Trust, Inc.; $150,000 to Great
River Greening; $840,000 to Minnesota
Land Trust; $150,000 to Friends of the
Mississippi River; and $2,900,000 to The
Trust for Public Land. A list of proposed
projects, describing types and locations of
acquisitions, restorations, and enhancements,
must be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement monitoring
and enforcement plan. All restorations
must comply with subdivision 9, paragraph
(b). Money appropriated from the outdoor
heritage fund for easement acquisition
may be used to establish a monitoring
and enforcement fund as approved in
the accomplishment plan and subject to
subdivision 15. An annual financial report is
required for any monitoring and enforcement
fund established, including expenditures
from the fund.
new text end

new text begin (e) Protecting Sensitive Shorelands in
North Central Minnesota
new text end

new text begin $1,098,000 the first year is to the
commissioner of natural resources for
agreements with the Leech Lake Watershed
Foundation and the Minnesota Land Trust
as follows: $339,000 to the Leech Lake
Watershed Foundation; $741,000 to the
Minnesota Land Trust; and $18,000 to the
Department of Natural Resources to pay for
acquisition-related expenses and monitoring
costs of donated permanent conservation
easements on sensitive shorelands in north
central Minnesota. 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. Money appropriated from the outdoor
heritage fund for easement acquisition
may be used to establish a monitoring
and enforcement fund as approved in
the accomplishment plan and subject to
subdivision 15. An annual financial report is
required for any monitoring and enforcement
fund established, including expenditures
from the fund.
new text end

new text begin (f) Restoring Native Habitat and Water
Quality to Shell Rock River - Phase II
new text end

new text begin $2,577,000 the first year is to the
commissioner of natural resources for an
agreement with the Shell Lake Watershed
District to acquire land in fee at the
headwaters of the Shell Rock River for
aquatic management area purposes under
Minnesota Statutes, sections 86A.05,
subdivision 14, and 97C.02, to restore
and enhance aquatic habitat. The leases
for gravel mining existing at the time of
acquisition may not be extended and all gross
income generated from mining operations
must be transferred to the commissioner of
management and budget and credited to the
outdoor heritage fund. A list of proposed
land acquisitions must be provided as part of
the required accomplishment plan.
new text end

new text begin (g) Outdoor Heritage Conservation
Partners Grant Program - Phase III
new text end

new text begin $5,629,000 the first 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
enhancement, restoration, or protection of
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 $475,000. $319,000
of this appropriation may be spent for
personnel costs and other 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 grants of
$100,000 or less and a match of at least 15
percent from nonstate sources for grants over
$100,000. Up to one-third of the match may
be in-kind resources. For grant applications
of $25,000 or less, the commissioner shall
provide a separate, simplified application
process. The criteria for evaluating grant
applications over $25,000 must include the
amount of habitat restored, enhanced, or
protected; local support; encouragement
of a local conservation culture; urgency;
capacity to achieve multiple benefits;
habitat benefits provided; consistency with
current conservation science; adjacency
to protected lands; full funding of the
project; supplementing existing funding;
public access for hunting and fishing during
the open season; sustainability; degree
of collaboration; and use of native plant
materials. All projects must conform to
the Minnesota statewide conservation and
preservation plan. Wildlife habitat projects
must also conform to the Minnesota wildlife
action plan. Subject to the evaluation
criteria and requirements of this paragraph
and Minnesota Statutes, the commissioner
of natural resources shall give priority to
organizations that have a history of receiving
or charter to receive private contributions
for local conservation or habitat projects
when evaluating projects of equal value. 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.
Subdivision 9 applies to grants awarded
under this paragraph. All restorations must
comply with subdivision 9, paragraph (b).
This appropriation is available until June
30, 2015. 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
2011 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 688,000 new text end

new text begin 471,000 new text end

new text begin (a) Contract Management
new text end

new text begin $175,000 the first year is to the Legislative
Coordinating Commission to contract with
the commissioner of natural resources for
expenses incurred for contract fiscal services
for the agreements specified in this section.
The contract management services must be
done on a reimbursement basis.
new text end

new text begin (b) Legislative Coordinating Commission
new text end

new text begin $471,000 the first year and $471,000
the second year are to the Legislative
Coordinating Commission for two years of
administrative expenses of the Lessard-Sams
Outdoor Heritage Council and for two years
of compensation and expense reimbursement
of council members.
new text end

new text begin (c) Technical Assistance Panel
new text end

new text begin $42,000 the first year is to the commissioner
of natural resources for a technical assistance
panel to conduct up to ten restoration audits
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. Money appropriated
in this section must not be spent on indirect
costs or other institutional overhead charges.
Unless otherwise provided, the amounts
in this section are available until June 30,
2014, when projects must be completed and
final accomplishments reported. Funds for
restoration or enhancement are available
until June 30, 2016, or four years after
acquisition, whichever is later, in order to
complete 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 the public use of land acquired
with the appropriation. Public use facilities
must have a minimal impact on habitat on
acquired lands.
new text end

new text begin Subd. 8. new text end new text begin Accomplishment Plans new text end

new text begin It is a condition of acceptance of the
appropriations made under this section that
the agency or entity using the appropriation
submit to the Lessard-Sams Outdoor
Heritage Council an accomplishment plan
and periodic accomplishment reports 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. None of the money provided in this
section may be expended unless the council
has approved the pertinent accomplishment
plan.
new text end

new text begin Subd. 9. new text end new text begin Project Requirements new text end

new text begin (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.
new text end

new text begin (b) To the extent possible, a person
conducting restoration with money
appropriated under this section must plant
vegetation or sow seed only of ecotypes
native to Minnesota, and preferably of the
local ecotype, using a high diversity of
species originating from as close to the
restoration site as possible and must protect
existing native prairies, grasslands, forests,
wetlands, and other aquatic systems from
genetic contamination.
new text end

new text begin (c) 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.
new text end

new text begin (d) 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.
new text end

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

new text begin (f) 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.
new text end

new text begin (g) 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.
new text end

new text begin (h) 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.
new text end

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

new text begin (j) A recipient of money under this section
must erect signage according to Laws 2009,
chapter 172, article 5, section 10.
new text end

new text begin Subd. 10. new text end new text begin Payment Conditions and Capital Equipment Expenditures new text end

new text begin All agreements, grants, or contracts referred
to in this section must be administered on
a reimbursement basis unless otherwise
provided in this section. Notwithstanding
Minnesota Statutes, section 16A.41,
expenditures directly related to each
appropriation's purpose made on or after July
1, 2011, are eligible for reimbursement unless
otherwise provided in this section. Periodic
reimbursement must be made upon receiving
documentation that the deliverable items
articulated in the approved accomplishment
plan have been achieved, including partial
achievements as evidenced by approved
progress reports. 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

new text begin Subd. 11. 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 an
appropriation under this section must use the
appropriation in compliance with Minnesota
Statutes, 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

new text begin Subd. 12. new text end new text begin Accessibility new text end

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

new text begin Subd. 13. 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 under
this section must be used in perpetuity or for
the specific term of an easement interest for
the purpose for which the appropriation was
made.
new text end

new text begin (b) A recipient of funding who 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: (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 (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:
(1) a legal description of the interest in real
property covered by the funding agreement;
(2) a reference to the underlying funding
agreement; (3) a reference to this section; and
(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
shall transfer 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 Subd. 14. new text end new text begin Real Property Interest Report new text end

new text begin By December 1 each year, a recipient of
money appropriated under this section 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. The responsibility for reporting
under this section 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: (1) inform the person to
whom the responsibility is transferred of that
person's reporting responsibility; (2) inform
the person to whom the responsibility is
transferred of the property restrictions under
subdivision 13; (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; and (4) provide the council or
its successor written documentation from the
person or entity holding the interest in real
property certifying the person's or entity's
acceptance of all reporting obligations
and responsibilities previously held by the
recipient of the appropriation. After the
transfer, the person or entity that holds the
interest in the real property is responsible for
reporting requirements under this section.
new text end

new text begin Subd. 15. new text end new text begin Easement Monitoring and Enforcement Requirements new text end

new text begin Money appropriated under this section
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 dedicated to monitoring
and enforcing conservation easements within
Minnesota. Within 120 days after the close
of the entity's fiscal year, an entity receiving
appropriations for easement monitoring
and enforcement must provide an annual
financial report to the Lessard-Sams Outdoor
Heritage Council on the easement monitoring
and enforcement fund as specified in the
accomplishment plan. Money appropriated
under this section for monitoring and
enforcement of easements and earnings on
the money appropriated shall revert to the
state if: (1) the easement transfers to the
state under subdivision 13; (2) the holder of
the easement fails to file an annual report
and then fails to cure that default within 30
days of notification of the default by the
state; or (3) the holder of the easement fails
to comply with the terms of the monitoring
and enforcement plan contained within the
accomplishment plan and fails to cure that
default within 90 days of notification of the
default by the state.
new text end

new text begin Subd. 16. 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: (1) notice to the
chairs of the legislative committees with
relevant jurisdiction; and (2) presentation
by the council of proposed legislation either
ratifying or rejecting continued involvement
with the new organization.
new text end

Sec. 3.

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

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin For the purpose of appropriations from the outdoor heritage
fund, "recipient" means the entity responsible for deliverables financed by the outdoor
heritage fund.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2010, section 97A.056, subdivision 2, is amended to read:

Subd. 2.

Lessard-Sams Outdoor Heritage Council.

(a) The Lessard-Sams
Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of:

(1) two public members appointed by the senate Subcommittee on Committees of
the Committee on Rules and Administration;

(2) two public members appointed by the speaker of the house;

(3) four public members appointed by the governor;

(4) two members of the senate appointed by the senate Subcommittee on Committees
of the Committee on Rules and Administration; and

(5) two members of the house of representatives appointed by the speaker of the
house.

(b) Members appointed under paragraph (a) must not be registered lobbyists.
In making appointments, the governor, senate Subcommittee on Committees of the
Committee on Rules and Administration, and the speaker of the house shall consider
geographic balance, gender, age, ethnicity, and varying interests including hunting and
fishing. The governor's appointments to the council are subject to the advice and consent
of the senate.

(c) Public members appointed under paragraph (a) shall have practical experience
or expertise or demonstrated knowledge in the science, policy, or practice of restoring,
protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
wildlife.

(d) Legislative members appointed under paragraph (a) shall include the chairs
of the legislative committees with jurisdiction over environment and natural resources
finance or their designee, one member from the minority party of the senate, and one
member from the minority party of the house of representatives.

(e) new text begin Public new text end members serve four-year terms deleted text begin and deleted text end new text begin . Appointed legislative members serve
at the pleasure of the appointing authority. Public and legislative members continue to
serve until their successors are appointed. Public members new text end shall be initially appointed
according to the following schedule of terms:

(1) two public members appointed by the governor for a term ending the first
Monday in January 2011;

(2) one public member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2011;

(3) one public member appointed by the speaker of the house for a term ending
the first Monday in January 2011;

(4) two public members appointed by the governor for a term ending the first
Monday in January 2013;

(5) one public member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2013; new text begin and
new text end

(6) one public member appointed by the speaker of the house for a term ending the
first Monday in January 2013 deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (7) two members of the senate appointed by the senate Subcommittee on Committees
of the Committee on Rules and Administration for a term ending the first Monday in
January 2013, and two members of the house of representatives appointed by the speaker
of the house for a term ending the first Monday in January 2013.
deleted text end

(f) Compensation and removal of public members are as provided in section
15.0575. A vacancy on the council may be filled by the appointing authority for the
remainder of the unexpired term.

(g) The first meeting of the council shall be convened by the chair of the Legislative
Coordinating Commission no later than December 1, 2008. Members shall elect a chair,
vice-chair, secretary, and other officers as determined by the council. The chair may
convene meetings as necessary to conduct the duties prescribed by this section.

(h) Upon coordination with and approval by the Legislative Coordinating
Commission, the council may appoint nonpartisan staff and contract with consultants
as necessary to carry out the functions of the council. Up to one percent of the money
appropriated from the fund may be used to pay for administrative expenses of the council
and for compensation and expense reimbursement of council members.

Sec. 5.

Laws 2009, chapter 172, article 1, section 2, subdivision 3, is amended to read:

Subd. 3. Forests

18,000,000

18,000,000

$18,000,000 in fiscal year 2010 and
$18,000,000 in fiscal year 2011 are to the
commissioner of natural resources to acquire
land or permanent working forest easements
on private forests in areas identified through
the Minnesota forests for the future program
under Minnesota Statutes, section 84.66.
new text begin Up to $750,000 in fiscal year 2011 may
be deposited in an account and used for
long-term monitoring and enforcement of
the easements acquired. Money and interest
earned shall be kept in a separate fund and
dedicated to monitoring and enforcement
of permanent working forest easements
acquired with appropriations from the
outdoor heritage fund. new text end Priority must be
given to acquiring land or interests in private
lands within existing Minnesota state forest
boundaries. Any easements acquired must
have a forest management plan as defined
in Minnesota Statutes, section 290C.02,
subdivision 7. A list of proposed fee title
and easement acquisitions must be provided
as part of the required accomplishment
plan. deleted text begin The fiscal year 2011 appropriation
is available only for acquisitions that, by
August 15, 2009, are:
deleted text end

deleted text begin (1) subject to a binding agreement with the
commissioner; and
deleted text end

deleted text begin (2) matched by at least $9,000,000 in private
donations.
deleted text end