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SF 242

as introduced - 89th Legislature (2015 - 2016) Posted on 01/22/2015 08:26am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to natural resources; appropriating money from outdoor heritage fund;
modifying requirements for use of outdoor heritage fund money; modifying
previous appropriation; amending Minnesota Statutes 2014, section 97A.056,
subdivision 8, by adding subdivisions; Laws 2014, chapter 256, article 1, section
2, subdivision 5.

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 for the fiscal year indicated for each purpose. The figures "2016" and "2017"
used in this act mean that the appropriations listed under the figure are available for the
fiscal year ending June 30, 2016, and June 30, 2017, respectively. The "first year" is fiscal
year 2016. The "second year" is fiscal year 2017. The "biennium" is fiscal years 2016 and
2017, respectively. 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 2016
new text end
new text begin 2017
new text end

Sec. 2. new text begin OUTDOOR HERITAGE FUND
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 100,008,000
new text end
new text begin $
new text end
new text begin 607,000
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 40,948,000
new text end
new text begin -0-
new text end
new text begin (a) DNR Wildlife Management Area and
Scientific and Natural Area Acquisition - Phase
VII
new text end

new text begin $4,570,000 in the first year is to the
commissioner of natural resources to acquire
land in fee for wildlife management purposes
under Minnesota Statutes, section 86A.05,
subdivision 8, and to acquire land in fee
for scientific and natural area purposes
under Minnesota Statutes, section 86A.05,
subdivision 5. Subject to evaluation criteria
in Minnesota Rules, part 6136.0900, priority
must be given to acquisition of lands that
are eligible for the native prairie bank under
Minnesota Statutes, section 84.96, or lands
adjacent to protected native prairie. A list of
proposed land and permanent conservation
easement acquisitions must be provided as
part of the required accomplishment plan.
new text end

new text begin (b) Accelerating Wildlife Management Area
Acquisition - Phase VII
new text end

new text begin $7,452,000 in the first 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. Subject to evaluation
criteria in Minnesota Rules, part 6136.0900,
priority must be given to acquisition of
lands that are eligible for the native prairie
bank under Minnesota Statutes, section
84.96, or lands adjacent to protected native
prairie. A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (c) Minnesota Prairie Recovery Project - Phase
VI
new text end

new text begin $4,032,000 in the first year is to the
commissioner of natural resources for an
agreement with The Nature Conservancy
to acquire native prairie, wetlands, and
savanna and restore and enhance grasslands,
wetlands, and savanna. Subject to evaluation
criteria in Minnesota Rules, part 6136.0900,
priority must be given to acquisition of lands
that are eligible for the native prairie bank
under Minnesota Statutes, section 84.96, or
lands adjacent to protected native prairie.
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. A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan and must be consistent
with the priorities identified in the Minnesota
Prairie Conservation Plan.
new text end

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

new text begin $3,430,000 in the first 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. Subject
to evaluation criteria in Minnesota Rules,
part 6136.0900, priority must be given to
acquisition of lands that are eligible for
the native prairie bank under Minnesota
Statutes, section 84.96, or lands adjacent to
protected native prairie. A list of proposed
land acquisitions must be provided as part
of the required accomplishment plan and
must be consistent with the priorities in the
Minnesota Prairie Conservation Plan.
new text end

new text begin (e) Accelerated Native Prairie Bank Protection
- Phase IV
new text end

new text begin $3,740,000 in the first year is to the
commissioner of natural resources
to implement the Minnesota Prairie
Conservation Plan through the acquisition
of permanent conservation easements to
protect native prairie and grasslands. Up
to $165,000 is for establishing monitoring
and enforcement funds as approved in
the accomplishment plan and subject to
Minnesota Statutes, section 97A.056,
subdivision 17. Subject to evaluation criteria
in Minnesota Rules, part 6136.0900, priority
must be given to acquisition of lands that
are eligible for the native prairie bank under
Minnesota Statutes, section 84.96, or lands
adjacent to protected native prairie. A list of
permanent conservation easements must be
provided as part of the final report.
new text end

new text begin (f) Minnesota Buffers for Wildlife and Water
- Phase V
new text end

new text begin $4,544,000 in the first year is to the Board
of Water and Soil Resources to acquire
permanent conservation easements to protect
and enhance habitat by expanding the clean
water fund riparian buffer program for at
least equal wildlife benefits from buffers
on private land. Up to $72,500 is for
establishing a monitoring and enforcement
fund as approved in the accomplishment plan
and subject to Minnesota Statutes, section
97A.056, subdivision 17. A list of permanent
conservation easements must be provided as
part of the final report.
new text end

new text begin (g) Cannon River Headwaters Habitat
Complex - Phase V
new text end

new text begin $1,380,000 in 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 purposes
under Minnesota Statutes, section 86A.05,
subdivision 8. Subject to evaluation criteria
in Minnesota Rules, part 6136.0900, priority
must be given to acquisition of lands that
are eligible for the native prairie bank under
Minnesota Statutes, section 84.96, or lands
adjacent to protected native prairie. A list of
proposed land acquisitions must be provided
as part of the required accomplishment plan.
new text end

new text begin (h) Prairie Chicken Habitat Partnership of the
Southern Red River Valley
new text end

new text begin $1,800,000 in the first year is to the
commissioner of natural resources for
an agreement with Pheasants Forever in
cooperation with the Minnesota Prairie
Chicken Society to acquire and restore lands
in the southern Red River Valley for wildlife
management purposes under Minnesota
Statutes, section 86A.05, subdivision 8,
or for designation and management 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 (i) Protecting and Restoring Minnesota's
Important Bird Areas
new text end

new text begin $1,730,000 in the first year is to the
commissioner of natural resources for
agreements to acquire conservation
easements within important bird areas
identified in the Minnesota Prairie
Conservation Plan, to be used as follows:
$408,000 is to Audubon Minnesota and
$1,322,000 is to Minnesota Land Trust, of
which up to $100,000 is for establishing
monitoring and enforcement funds as
approved in the accomplishment plan and
subject to Minnesota Statutes, section
97A.056, subdivision 17. A list of permanent
conservation easements must be provided as
part of the final report.
new text end

new text begin (j) Wild Rice River Corridor Habitat
Restoration
new text end

new text begin $2,270,000 in the first year is to the
commissioner of natural resources for an
agreement with the Wild Rice Watershed
District to acquire land in fee and permanent
conservation easement and to `restore river
and related habitat in the Wild Rice River
corridor. A list of proposed acquisitions and
restorations must be provided as part of the
required accomplishment plan.
new text end

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

new text begin $4,880,000 in the first year is to the
commissioner of natural resources to
accelerate the restoration and enhancement
of prairie communities on wildlife
management areas, scientific and natural
areas, state forest land, and land under
native prairie bank easements. A list of
proposed land restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (l) Enhanced Public Land Grasslands - Phase II
new text end

new text begin $1,120,000 in the first year is to the
commissioner of natural resources for an
agreement with Pheasants Forever to enhance
and restore habitat on public lands. A list of
proposed land 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 14,822,000
new text end
new text begin -0-
new text end
new text begin (a) Protecting Forest Wildlife Habitat in the
Wild Rice River Watershed
new text end

new text begin $2,188,000 in the first year is to the
commissioner of natural resources for an
agreement with the White Earth Nation
to acquire lands in fee to be managed for
wildlife habitat purposes. A list of proposed
land acquisitions must be provided as part of
the required accomplishment plan.
new text end

new text begin (b) Camp Ripley Partnership - Phase V
new text end

new text begin $1,500,000 in the first year is to the
Board of Water and Soil Resources in
cooperation with the Morrison County Soil
and Water Conservation District to acquire
permanent conservation easements within
the boundaries of the Minnesota National
Guard Compatible Use Buffer to protect
forest wildlife habitat. Up to $55,000 is for
establishing a monitoring and enforcement
fund, as approved in the accomplishment
plan and subject to Minnesota Statutes,
section 97A.056, subdivision 17. A list of
permanent conservation easements must be
provided as part of the final report.
new text end

new text begin (c) Southeast Minnesota Protection and
Restoration - Phase III
new text end

new text begin $2,910,000 in the first year is to the
commissioner of natural resources for an
agreement with The Nature Conservancy to
acquire land in fee for wildlife management
purposes under Minnesota Statutes, section
86A.05, subdivision 8; to acquire land
in fee for scientific and natural areas
under Minnesota Statutes, section 86A.05,
subdivision 5; for state forest purposes
under Minnesota Statutes, section 86A.05,
subdivision 7; and to enhance grasslands,
forest, and savanna. A list of proposed
acquisitions must be provided as part of the
required accomplishment plan.
new text end

new text begin (d) Protecting Pinelands Sands Aquifer
Forestlands - Phase II
new text end

new text begin $2,180,000 in the first year is to the
commissioner of natural resources to
acquire forest lands in Cass and Wadena
Counties for wildlife management purposes
under Minnesota Statutes, section 86A.05,
subdivision 8, and to acquire land in fee
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 (e) Protect Key Forest Lands in Cass County
- Phase VI
new text end

new text begin $442,000 in the first 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 or to prevent forest fragmentation.
A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (f) Critical Shoreland Protection Program -
Phase III
new text end

new text begin $1,690,000 in the first year is to the
commissioner of natural resources for an
agreement with Minnesota Land Trust to
acquire permanent conservation easements
along rivers and lakes in the northern
forest region. Up to $220,000 is for
establishing a monitoring and enforcement
fund, as approved in the accomplishment
plan and subject to Minnesota Statutes,
section 97A.056, subdivision 17. A list of
proposed permanent conservation easements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (g) Mississippi Headwaters Habitat
Partnership
new text end

new text begin $961,000 in the first year is to the
commissioner of natural resources to
acquire lands in fee and for permanent
conservation easements in the Mississippi
Headwaters and for agreements as follows:
$1,217,000 to The Trust for Public Land;
and $824,000 to Minnesota Land Trust,
of which up to $80,000 is for establishing
a monitoring and enforcement fund as
approved in the accomplishment plan and
subject to Minnesota Statutes, section
97A.056, subdivision 17. A list of proposed
acquisitions must be included as part of the
required accomplishment plan.
new text end

new text begin (h) Southeast Forest Habitat Enhancement
new text end

new text begin $910,000 in the first year is to the
commissioner of natural resources to
enhance forests in southeastern Minnesota.
A list of proposed land 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 20,390,000
new text end
new text begin -0-
new text end
new text begin (a) Accelerating the Waterfowl Production
Area Acquisition - Phase VII
new text end

new text begin $7,620,000 in the first year is to the
commissioner of natural resources for an
agreement with Pheasants Forever to acquire
land in fee to be designated and managed 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 (b) Living Shallow Lakes and Wetland
Initiative - Phase V
new text end

new text begin $9,040,000 in the first year is to the
commissioner of natural resources for an
agreement with Ducks Unlimited to acquire
land in fee for wildlife management purposes
under Minnesota Statutes, section 86A.05,
subdivision 8. A list of proposed acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (c) Wild Rice Shoreland Protection Program
- Phase IV
new text end

new text begin $131,000 in the first year is to the
commissioner of natural resources for the
acquisition of land in fee and $1,469,000 is
to the Board of Water and Soil Resources to
acquire permanent conservation easements
on wild rice lake shoreland habitat for native
wild rice bed protection. Of this amount, up
to $90,000 to the Board of Water and Soil
Resources is for establishing a monitoring
and enforcement fund as approved in
the accomplishment plan and subject to
Minnesota Statutes, section 97A.056,
subdivision 17. A list of proposed fee land
acquisitions must be included as part of
the required accomplishment plan by the
Department of Natural Resources and a list
of permanent conservation easements must
be provided as part of the final report by the
Board of Water and Soil Resources.
new text end

new text begin (d) Accelerated Shallow Lakes and Wetlands
Enhancement - Phase VII
new text end

new text begin $2,130,000 in the first year is to the
commissioner of natural resources to
enhance and restore shallow lakes statewide.
A list of proposed land restorations and
enhancements must be provided as part of
the required accomplishment plan.
new text end

new text begin Subd. 5. new text end

new text begin Habitats
new text end

new text begin 22,368,000
new text end
new text begin -0-
new text end
new text begin (a) DNR Aquatic Habitat - Phase VII
new text end

new text begin $4,540,000 in the first year is to the
commissioner of natural resources to acquire
interests in land in fee and permanent
conservation easements for aquatic
management purposes under Minnesota
Statutes, sections 86A.05, subdivision 14,
and 97C.02, and to restore and enhance
aquatic habitat. Up to $130,000 is for
establishing a monitoring and enforcement
fund as approved in the accomplishment
plan and subject to Minnesota Statutes,
section 97A.056, subdivision 17. A list of
proposed land acquisitions and restorations
and enhancements must be provided as part
of the required accomplishment plan.
new text end

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

new text begin $2,000,000 in the first year is to the
commissioner of natural resources for
agreements to acquire land in fee and in
permanent conservation easements and
to restore and enhance natural systems
associated with the Mississippi, Minnesota,
and St. Croix Rivers as follows: $475,000 to
Minnesota Valley National Wildlife Refuge
Trust, Inc.; $275,000 to Friends of the
Mississippi River; $400,000 to Great River
Greening; $375,000 to Minnesota Land Trust;
and $475,000 to The Trust for Public Land.
Up to $60,000 to Minnesota Land Trust is for
establishing a monitoring and enforcement
fund as approved in the accomplishment
plan and subject to Minnesota Statutes,
section 97A.056, subdivision 17. A list of
proposed land acquisitions and permanent
conservation easements must be provided as
part of the required accomplishment plan.
new text end

new text begin (c) Minnesota Trout Unlimited Coldwater Fish
Habitat Enhancement and Restoration - Phase
VII
new text end

new text begin $1,890,000 in the first year is to the
commissioner of natural resources for an
agreement with Minnesota Trout Unlimited
to restore and enhance habitat for trout
and other species in and along coldwater
rivers and streams 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 (d) Lake Bemidji South Shore Restoration and
Enhancement
new text end

new text begin $1,650,000 in the first year is to the
commissioner of natural resources for
an agreement with the city of Bemidji to
restore and enhance fish habitat on Lake
Bemidji. A list of proposed restorations and
enhancements must be provided as part of
the required accomplishment plan.
new text end

new text begin (e) Sand Hill River Fish Passage
new text end

new text begin $990,000 in the first year is to the
commissioner of natural resources for
an agreement with the Sand Hill River
Watershed District to restore fish habitat
in the Sand Hill River watershed. A list of
proposed restorations must be provided as
part of the required accomplishment plan.
new text end

new text begin (f) Shell Rock River Watershed Habitat
Restoration Program - Phase IV
new text end

new text begin $2,414,000 in the first year is to the
commissioner of natural resources for
an agreement with the Shell Rock River
Watershed District to protect, restore,
and enhance aquatic habitat in the Shell
Rock River watershed. A list of proposed
acquisitions, restorations, and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (g) Lake Nokomis Integrated Habitat
Enhancement
new text end

new text begin $444,000 in the first year is to the
commissioner of natural resources for an
agreement with the Minneapolis Park and
Recreation Board to enhance aquatic habitat
on Lake Nokomis. A list of proposed
enhancements must be provided as part of
the required accomplishment plan.
new text end

new text begin (h) Conservation Partners Legacy Grant
Program: Statewide and Metro Habitat -
Phase VII
new text end

new text begin $8,440,000 in 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
enhancing, restoring, or protecting forests,
wetlands, prairies, or habitat for fish, game,
or wildlife in Minnesota. Of this amount,
$3,692,000 is for grants in the seven-county
metropolitan area and cities with a population
of 50,000 or greater. 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 the
appropriation in this paragraph for projects
that have a total project cost exceeding
$575,000. Of this appropriation, $596,000
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. Grants
may not be used to establish easement
stewardship accounts. Land acquired in fee
must be open to hunting and fishing during
the open season unless otherwise provided
by law. The program must 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 a charter to receive
private contributions for local conservation
or habitat projects. If acquiring land or a
conservation easement, priority must be
given to projects associated with or within
one mile of 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; or 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 permanent covenant ensuring perpetual
maintenance and protection of restored
and enhanced habitat, by a conservation
easement, or by public ownership or in
public waters as defined in Minnesota
Statutes, section 103G.005, subdivision
15. Priority must 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, 2018. 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
summary 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 1,480,000
new text end
new text begin 607,000
new text end
new text begin (a) Contract Management
new text end

new text begin $150,000 in the first year is to the
commissioner of natural resources for
contract management duties assigned in this
section. The commissioner shall provide an
accomplishment plan in the form specified by
the Lessard-Sams Outdoor Heritage Council
on the expenditure of this appropriation.
The accomplishment plan must include a
copy of the grant contract template and
reimbursement manual. No money may
be expended prior to the Lessard-Sams
Outdoor Heritage Council's approval of the
accomplishment plan.
new text end

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

new text begin $608,000 in the first year and $607,000
in the second year are to the Legislative
Coordinating Commission for administrative
expenses of the Lessard-Sams Outdoor
Heritage Council and for compensation and
expense reimbursement of council members.
This appropriation is available until June 30,
2017. Minnesota Statutes, section 16A.281,
applies to this appropriation.
new text end

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

new text begin $100,000 in the first 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 (d) Legacy Web Site
new text end

new text begin $15,000 in the first year is to the Legislative
Coordinating Commission for the Web site
required in Minnesota Statutes, section
3.303, 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,
2018. For acquisition of real property, the
amounts in this section are available until
June 30, 2019, if a binding agreement with a
landowner or purchase agreement is entered
into by June 30, 2018, and closed no later
than June 30, 2019. Money for restoration or
enhancement is available until June 30, 2020,
or five years after acquisition, whichever is
later, in order to complete initial restoration
or enhancement work. If a project receives
at least 15 percent of its funding from federal
funds, the time period of the appropriation
may be extended to equal the availability
of federal funding to a maximum of six
years, provided the federal funding was
confirmed and included within the first draft
accomplishment plan. Money 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.
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, 2015, or the date of
accomplishment plan approval, whichever is
later, are eligible for reimbursement unless
otherwise provided in this section. For the
purposes of administering appropriations
and legislatively authorized agreements paid
out of the outdoor heritage fund, an expense
must be considered reimbursable by the
administering agency when the recipient
presents the agency with an invoice, or
binding agreement with the landowner, and
the recipient attests that the goods have
been received or the landowner agreement
is binding. 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

new text begin Subd. 9. new text end

new text begin Mapping
new text end

new text begin Each direct recipient of money appropriated
in this section, as well as each recipient of
a grant awarded pursuant to this section,
must provide geographic information to the
Lessard-Sams Outdoor Heritage Council
for mapping any lands acquired in fee with
money appropriated in this section and
open to public taking of fish and game.
The commissioner of natural resources
shall include the lands acquired in fee with
money appropriated in this section on maps
showing public recreation opportunities.
Maps must include information on and
acknowledgement of the outdoor heritage
fund, including a notation of any restrictions.
new text end

Sec. 3.

Minnesota Statutes 2014, section 97A.056, subdivision 8, is amended to read:


Subd. 8.

Revenues.

new text begin (a) new text end When a parcel of land that was previously purchased with
new text begin money from the new text end outdoor heritage deleted text begin fundsdeleted text end new text begin fundnew text end is transferred to the state, the owner of the
land shall disclose to the council and commissioner of natural resources:

(1) all revenues generated from activities on the land from the time the land was
purchased with new text begin money from the new text end outdoor heritage deleted text begin fundsdeleted text end new text begin fundnew text end until the land was transferred
to the state;

(2) all holding costs associated with managing the land between the time of purchase
with new text begin money from the new text end outdoor heritage deleted text begin fundsdeleted text end new text begin fundnew text end and the time the land was transferred to
the state; and

(3) the total net revenues as determined by subtracting the costs described in clause
(2) from the revenues described in clause (1).

new text begin (b) The owner of the land shall submit the total net revenues determined under
paragraph (a), clause (3), to the state no later than 60 days after the land is transferred to
the state.
new text end

Sec. 4.

Minnesota Statutes 2014, section 97A.056, is amended by adding a subdivision
to read:


new text begin Subd. 20. new text end

new text begin Donations. new text end

new text begin A recipient shall not accept a monetary donation or payment
from an owner of land that is acquired in fee in whole or in part with an appropriation from
the outdoor heritage fund that exceeds the documented expenses that are directly related
to and necessary for activities specified in the accomplishment plan approved by the
Lessard-Sams Outdoor Heritage Council, unless expressly approved by the Lessard-Sams
Outdoor Heritage Council in the accomplishment plan. This subdivision does not apply to
donations that are not connected with the acquisition transaction or bargain sales, as defined
by Code of Federal Regulations, title 26, section 1.1011-2, provided that the purchase
price reimbursed by the state does not exceed the purchase price paid by the recipient.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to money
appropriated on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2014, section 97A.056, is amended by adding a subdivision
to read:


new text begin Subd. 21. new text end

new text begin Haying and grazing. new text end

new text begin Lands acquired with money appropriated from the
outdoor heritage fund may not be used for emergency haying and grazing in response to
federal or state disaster declarations. This subdivision does not apply to conservation
grazing under a management plan implemented before the effective date of this section.
new text end

Sec. 6.

Laws 2014, chapter 256, article 1, section 2, subdivision 5, is amended to read:


Subd. 5.

Habitats

-0-
30,890,000

(a) DNR Aquatic Habitat - Phase VI

$2,560,000 in the second year is to the
commissioner of natural resources to acquire
interests in land in fee new text begin and permanent
conservation easements
new text end for aquatic
management purposes under Minnesota
Statutes, sections 86A.05, subdivision 14,
and 97C.02, and to restore and enhance
aquatic habitat. new text begin Up to $32,500 is for
establishing a monitoring and enforcement
fund as approved in the accomplishment
plan and subject to Minnesota Statutes,
section 97A.056, subdivision 17.
new text end A list of
proposed land acquisitions and restorations
and enhancements must be provided as part
of the required accomplishment plan.

(b) Fisheries Habitat Protection on
Strategic North Central Minnesota Lakes

$2,130,000 in the second year is to the
commissioner of natural resources for
agreements with the Leech Lake Area
Watershed Foundation and Minnesota Land
Trust to acquire land in fee and permanent
conservation easements to sustain healthy
fish habitat on lakes in Aitkin, Cass, Crow
Wing, and Hubbard Counties as follows:
$1,150,300 to Leech Lake Area Watershed
Foundation; and $979,700 to Minnesota
Land Trust, of which up to $120,000 to
Minnesota Land Trust is for establishing
a monitoring and enforcement fund as
approved in the accomplishment plan and
subject to Minnesota Statutes, section
97A.056, subdivision 17. A list of proposed
land acquisitions must be provided as part of
the required accomplishment plan.

(c) Habitat Protection in Dakota County
- Phase V

$1,190,000 in the second year is to the
commissioner of natural resources for a
contract with Dakota County to acquire
permanent conservation easements and land
in fee and to restore and enhance habitats in
rivers and lake watersheds in Dakota County.
Up to $15,000 to Dakota County is for
establishing a monitoring and enforcement
fund as approved in the accomplishment
plan and subject to Minnesota Statutes,
section 97A.056, subdivision 17. Lands
acquired or lands with easements acquired
with this appropriation may not be used for
emergency haying and grazing in response
to federal or state disaster declarations.
Conservation grazing under a management
plan that is already being implemented may
continue. A list of proposed land acquisitions
and restorations and enhancements must
be provided as part of the required
accomplishment plan.

(d) Metro Big Rivers - Phase V

$2,650,000 in the second year is to the
commissioner of natural resources for
agreements to acquire land in fee and
permanent conservation easements and
to restore and enhance natural systems
associated with the Mississippi, Minnesota,
and St. Croix Rivers as follows: $600,000
to Minnesota Valley National Wildlife
Refuge Trust, Inc.; $160,000 to Friends of
the Mississippi River; $400,000 to Great
River Greening; $590,000 to Minnesota
Land Trust, of which up to $77,000 is for
establishing a monitoring and enforcement
fund as approved in the accomplishment plan
and subject to Minnesota Statutes, section
97A.056, subdivision 17; and $900,000 to
The Trust for Public Land. Lands acquired
or lands with easements acquired with
this appropriation may not be used for
emergency haying and grazing in response
to federal or state disaster declarations.
Conservation grazing under a management
plan that is already being implemented may
continue. A list of proposed land acquisitions
and permanent conservation easements
must be provided as part of the required
accomplishment plan.

(e) Mustinka River Fish and Wildlife
Habitat Corridor Rehabilitation

$2,440,000 in the second year is to the
commissioner of natural resources for
an agreement with the Bois de Sioux
Watershed District to acquire land in fee
and to restore natural systems associated
with the Mustinka River located within the
Bois de Sioux Watershed. Lands acquired
with this appropriation may not be used for
emergency haying and grazing in response
to federal or state disaster declarations.
Conservation grazing under a management
plan that is already being implemented may
continue. A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan.

(f) Minnesota Trout Unlimited Coldwater
Fish Habitat Enhancement and
Restoration - Phase VI

$1,900,000 in the second year is to the
commissioner of natural resources for an
agreement with Minnesota Trout Unlimited
to restore and enhance habitat for trout
and other species in and along coldwater
rivers and streams in Minnesota. A list of
proposed land restorations and enhancements
must be provided as part of the required
accomplishment plan.

(g) St. Louis River Restoration Initiative -
Phase II

$2,290,000 in the second year is to the
commissioner of natural resources to restore
habitat in the lower St. Louis River estuary.
Of this appropriation, up to $500,000 is for
an agreement with Minnesota Land Trust. A
list of proposed restorations must be provided
as part of the required accomplishment plan.

(h) Knife River Habitat Rehabilitation -
Phase II

$1,410,000 in the second year is to the
commissioner of natural resources for an
agreement with the Lake Superior Steelhead
Association to enhance trout habitat in the
Knife River watershed. A list of proposed
enhancements must be provided as part of
the required accomplishment plan.

(i) Restoration and Enhancement of
Washington County Public Lands

$430,000 in the second year is to the
commissioner of natural resources for an
agreement with Washington County to
restore and enhance habitat on public lands
in Washington County. A restoration and
enhancement plan and a list of proposed
land restorations and enhancements
must be provided as part of the required
accomplishment plan.

(j) Wirth Park Enhancements

$600,000 in the second year is to the
commissioner of natural resources for an
agreement with the Minneapolis Park Board
to enhance riparian and upland habitat
within Wirth Park in Hennepin County.
A restoration and enhancement plan and
a list of proposed land restorations and
enhancements must be provided as part of
the required accomplishment plan.

(k) Evaluate Effectiveness of Aquatic
Invasive Species Prevention Strategies

$4,040,000 in the second year is to the
commissioner of natural resources for an
agreement with the Central Minnesota
Initiative Fund to develop a series of pilot
projects to enhance aquatic habitat by
preventing the spread of aquatic invasive
species, including pilot projects conducting
education and outreach, inspection and
decontamination, enforcement, and other
activities. All pilot projects must be
conducted on a reimbursement basis and
require a match of nonoutdoor heritage fund
dollars. A required evaluation of results
must be funded with nonoutdoor heritage
fund dollars. The required evaluation must
evaluate the efficacy of inspection and
decontamination activities utilized in any of
the pilot projects in preventing the spread
of aquatic invasive species. A list of pilot
projects must be included in the required final
report. This appropriation is available until
June 30, 2019. The accomplishment plan
must accelerate the start of the pilot project.

(l) Albert Lea Lake Management and
Invasive Species Control Structure -
Supplement

$700,000 in the second year is added to
the appropriation contained in Laws 2013,
chapter 137, article 1, section 2, subdivision
5, paragraph (h), to the commissioner of
natural resources for an agreement with
the Shell Rock River Watershed District to
construct structural deterrents and lake level
controls.

(m) Conservation Partners Legacy Grant
Program - Phase VI

$4,550,000 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, or 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 the appropriation in this
paragraph for projects that have a total
project cost exceeding $575,000. Of this
appropriation, $460,000 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. Grants may not be used
to establish easement stewardship accounts.
Land acquired in fee must be open to hunting
and fishing during the open season unless
otherwise provided by law. Lands acquired
or lands with easements acquired with this
appropriation may not be used for emergency
haying and grazing in response to federal
or state disaster declarations. Conservation
grazing under a management plan that is
already being implemented may continue.
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 or within
one mile of 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; or 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 permanent covenant ensuring perpetual
maintenance and protection of restored
and enhanced habitat, by a conservation
easement, or by 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, 2018. 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 summary prepared
under Minnesota Statutes, section 97A.051,
subdivision 2
.

(n) Conservation Partners Legacy Metro
Grant Program

$4,000,000 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, or habitat for fish, game,
or wildlife in the seven-county metropolitan
area and cities with a population of 50,000
or greater. 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 the
appropriation in this paragraph for projects
that have a total project cost exceeding
$575,000. Of this appropriation, $70,000
may be spent for direct and necessary
administrative costs. Grantees may acquire
land or interests in land. Easements must
be permanent. Grants may not be used to
establish easement stewardship accounts.
Land acquired in fee must be open to hunting
and fishing during the open season unless
otherwise provided by law. Lands acquired
or lands with easements acquired with this
appropriation may not be used for emergency
haying and grazing in response to federal
or state disaster declarations. Conservation
grazing under a management plan that is
already being implemented may continue.
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 or within
one mile of 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; or 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 permanent covenant ensuring perpetual
maintenance and protection of restored
and enhanced habitat, by a conservation
easement, or by 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, 2018. 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 summary prepared
under Minnesota Statutes, section 97A.051,
subdivision 2
.

new text begin EFFECTIVE DATE. new text end

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