HF 3790

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 05/06/2010 11:52pm

A bill for an act
relating to state government; appropriating money from constitutionally
dedicated funds and providing for expenditure accountability, administration,
and governance of outdoor heritage, clean water, parks and trails, and arts and
cultural heritage purposes; establishing and modifying grants, programs, fees,
and accounts; requiring reports; amending Minnesota Statutes 2008, sections
3.971, by adding a subdivision; 97A.056, by adding subdivisions; Minnesota
Statutes 2009 Supplement, sections 85.53, subdivision 2; 114D.50, subdivision 4;
129D.17, subdivision 2; Laws 2009, chapter 172, article 2, section 4; proposing
coding for new law in Minnesota Statutes, chapter 3; repealing Minnesota
Statutes 2009 Supplement, sections 3.3006; 84.02, subdivisions 4a, 6a, 6b; Laws
2009, chapter 172, article 5, section 9.

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

ARTICLE 1

OUTDOOR HERITAGE

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

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
figures "2010" and "2011" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.
"The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium"
is fiscal years 2010 and 2011. The appropriations in this article are onetime.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2010 new text end		new text begin 2011 new text end

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

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

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 58,939,000 new text end

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

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

new text begin -0- new text end

new text begin 18,093,000 new text end

new text begin (a) Accelerated Prairie Grassland Restoration and Enhancement Program on DNR Lands new text end

new text begin $5,833,000 in fiscal year 2011 is to the
commissioner of natural resources to
accelerate the protection, restoration, and
enhancement of native prairie vegetation.
A list of proposed land acquisitions,
restorations, and enhancements, describing
the types and locations of acquisitions,
restorations, and enhancements, 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 (b) The Green Corridor Legacy Program new text end

new text begin $1,651,000 in fiscal year 2011 is to the
commissioner of natural resources for
an agreement with the Redwood Area
Communities Foundation to acquire and
restore land for purposes allowed under
the Minnesota Constitution, article XI,
section 15, in Redwood, Renville, Brown,
Nicollet, Murray, Lyon, Yellow Medicine,
Chippewa, and Cottonwood Counties to be
added to the state outdoor recreation system
as defined in Minnesota Statutes, chapter
86A. A list of proposed fee title acquisitions
must be provided as part of the required
accomplishment plan. The commissioner of
natural resources must agree in writing to
each proposed acquisition. All restorations
must comply with subdivision 9, paragraph
(b).
new text end

new text begin (c) Prairie Heritage Fund - Acquisition and Restoration new text end

new text begin $3,015,000 in fiscal year 2011 is to the
commissioner of natural resources for an
agreement with Pheasants Forever to acquire
and restore land to be added to the state
wildlife management area system. A list
of proposed fee title acquisitions and a list
of proposed restoration projects, describing
the types and locations of restorations,
must be provided as part of the required
accomplishment plan. The commissioner of
natural resources must agree in writing to
each proposed acquisition. All restorations
must comply with subdivision 9, paragraph
(b).
new text end

new text begin (d) Northern Tallgrass Prairie National Wildlife Refuge Protection new text end

new text begin $2,041,000 in fiscal year 2011 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
fee title and permanent easement acquisitions
must be provided as part of the required
accomplishment plan. Land removed from
this program shall transfer to the state.
The accomplishment plan must include an
easement stewardship plan.
new text end

new text begin (e) Rum River - Cedar Creek Initiative new text end

new text begin $1,900,000 in fiscal year 2011 is to the
commissioner of natural resources for an
agreement with Anoka County to acquire fee
title to land at the confluence of the Rum
River and Cedar Creek in Anoka County.
Land acquired in fee must remain open to
hunting and fishing, consistent with the
capacity of the land, during the open season,
as determined in writing by the commissioner
of natural resources. All restorations must
comply with subdivision 9, paragraph (b).
new text end

new text begin (f) Minnesota Prairie Recovery Project new text end

new text begin $3,653,000 in fiscal year 2011 is to the
commissioner of natural resources for an
agreement with The Nature Conservancy
for a pilot project to acquire interests in
land and restore and enhance prairie and
prairie/wetland habitat in the prairie regions
of western and southwestern Minnesota.
The Nature Conservancy may acquire land
in fee or through permanent conservation
easements. A list of proposed fee title and
permanent conservation easements, and a list
of proposed restorations and enhancements,
must be provided as part of the required
accomplishment plan. All restorations must
comply with subdivision 9, paragraph (b).
The commissioner of natural resources must
agree in writing to each acquisition of interest
in land, restoration project, and enhancement
project. The accomplishment plan must
include an easement stewardship plan.
new text end

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

new text begin -0- new text end

new text begin 5,603,000 new text end

new text begin (a) Critical Shoreline Habitat Protection Program new text end

new text begin $816,000 in fiscal year 2011 is to the
commissioner of natural resources for an
agreement with the Minnesota Land Trust to
acquire permanent conservation easements
protecting critical shoreline habitats in
Koochiching, Cook, Lake, and St. Louis
County portions of the northern forest
area in northern Minnesota and provide
stewardship for those easements. A list of
proposed conservation easement acquisitions
must be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement stewardship
plan.
new text end

new text begin (b) Protect Key Industrial Forest Land Tracts in Central Minnesota new text end

new text begin $594,000 in fiscal year 2011 is to the
commissioner of natural resources for an
agreement with Cass County to acquire lands
that assist with gaining access for restoration
and enhancement purposes to existing public
land tracts. A list of proposed acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (c) Little Nokasippi River Wildlife Management Area new text end

new text begin $843,000 in fiscal year 2011 is to the
commissioner of natural resources
for acceleration of agency programs and
cooperative agreements to acquire interests in
land within the boundaries of the Minnesota
National Guard Army compatible use buffer
(ACUB) program. Of this appropriation,
$225,000 is for the Department of Natural
Resources to acquire land for wildlife
management areas and $618,000 is for an
agreement with the Board of Water and Soil
Resources to acquire permanent conservation
easements. A list of proposed acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (d) Accelerated Forest Wildlife Habitat Program new text end

new text begin $1,791,000 in fiscal year 2011 is to the
commissioner of natural resources for
acceleration of agency programs to acquire,
in fee, land for state forests and restore and
enhance state forest habitat. A list of projects
including proposed fee title acquisitions
and restorations and enhancements 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 (e) Northeastern Minnesota Sharp-Tailed Grouse Habitat new text end

new text begin $1,559,000 in fiscal year 2011 is to the
commissioner of natural resources for an
agreement with Pheasants Forever to acquire
interests in land, and to restore and enhance
habitat for sharp-tailed grouse in Kanabec,
Aitkin, and St. Louis Counties in cooperation
with the Minnesota Sharp-Tailed Grouse
Society. A list of proposed acquisitions
and a list of proposed restorations and
enhancements must be provided as part of
the required accomplishment plan. The
commissioner of natural resources must
agree in writing to each acquisition of interest
in land, restoration project, and enhancement
project. All restorations must comply with
subdivision 9, paragraph (b).
new text end

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

new text begin -0- new text end

new text begin 16,905,000 new text end

new text begin (a) Accelerated Shallow Lake and Wetland Enhancement and Restoration Program new text end

new text begin $6,505,000 in fiscal year 2011 is to the
commissioner of natural resources to assess,
enhance, and restore shallow lake and
wetland habitats, to acquire land in fee or
through permanent conservation easements
for shallow lake program restoration, and to
provide stewardship for acquired easements
in cooperation with Ducks Unlimited, Inc.
Of this appropriation, $1,463,000 is for the
Department of Natural Resources agency
program acceleration and $5,042,000 is for
an agreement with Ducks Unlimited, Inc. A
list of proposed projects, describing the types
and locations of land acquisitions, restoration
projects, and enhancement projects,
must be provided as part of the required
accomplishment plan. The commissioner
of natural resources must agree in writing
to each acquisition, restoration project, and
enhancement project. The accomplishment
plan must include an easement stewardship
plan. All restorations must comply with
subdivision 9, paragraph (b).
new text end

new text begin (b) Accelerate the Waterfowl Production Area Program in Minnesota new text end

new text begin $3,505,000 in fiscal year 2011 is to the
commissioner of natural resources for an
agreement with Pheasants Forever to acquire
and restore wetland and related upland
habitats, in cooperation with the United
States Fish and Wildlife Service and Ducks
Unlimited, Inc., to be managed as waterfowl
production areas. Land removed from this
program shall transfer to the state. A list of
proposed acquisitions and a list of proposed
projects, describing the types and locations
of restorations, 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 (c) Reinvest in Minnesota Wetlands Reserve Program Acquisition and Restoration new text end

new text begin $6,895,000 in fiscal year 2011 is to the Board
of Water and Soil Resources to acquire
permanent conservation easements and
restore wetlands and associated uplands
in cooperation with the United States
Department of Agriculture Wetlands Reserve
Program. A list of proposed acquisitions
and a list of proposed projects, describing
the types and locations of restorations,
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 Subd. 5. new text end new text begin Habitat new text end

new text begin -0- new text end

new text begin 17,563,000 new text end

new text begin (a) Metro Big Rivers Habitat Program new text end

new text begin $2,397,000 in fiscal year 2011 is to the
commissioner of natural resources for
agreements for projects to protect, restore,
and enhance natural systems of the Minnesota
River, St. Croix River, Mississippi River,
and their major tributaries as follows:
$500,000 with Minnesota Valley National
Wildlife Refuge Trust, Inc. for fee title land
acquisition, provided that land acquired
with this appropriation shall transfer to
the state if removed from the Minnesota
Valley National Wildlife Refuge; $1,500,000
with the Trust for Public Land for fee title
land acquisition; $227,300 with the Friends
of the Mississippi River for restoration,
enhancement, and conservation easement
acquisition; and $169,700 with Great River
Greening for restoration and enhancement.
The accomplishment plan must include an
easement stewardship plan. All restorations
must comply with subdivision 9, paragraph
(b).
new text end

new text begin (b) Accelerated Aquatic Management Area Acquisition new text end

new text begin $3,416,000 in fiscal year 2011 is to the
commissioner of natural resources to
accelerate land acquisition by fee title and
easements to be added to the state aquatic
management area system as defined in
Minnesota Statutes, chapter 86A, and to
restore and enhance stream habitat and lake
habitat. Land acquired in fee must remain
open to hunting and fishing, consistent
with the capacity of the land, during the
open season, as determined in writing by
the commissioner of natural resources.
A list of proposed fee title and easement
acquisitions, stream habitat restorations and
enhancements, and lake habitat restorations
and enhancements must be provided as part
of the required accomplishment plan.
new text end

new text begin (c) Cold Water River and Stream Restoration, Protection, and Enhancement new text end

new text begin $1,269,000 in fiscal year 2011 is to the
commissioner of natural resources for
an agreement with Trout Unlimited to
restore, enhance, and protect cold water
river and stream habitats in Minnesota. A
list of proposed acquisitions and a list of
proposed projects, describing the types and
locations of restorations and enhancements,
must be provided as part of the required
accomplishment plan. The commissioner of
natural resources must agree in writing to
each proposed acquisition, restoration, and
enhancement. All restorations must comply
with subdivision 9, paragraph (b).
new text end

new text begin (d) Dakota County Riparian and Lakeshore Protection and Restoration new text end

new text begin $2,097,000 in fiscal year 2011 is to the
commissioner of natural resources for
an agreement with Dakota County for
acquisition of permanent easements and
enhancement and restoration of aquatic
and associated upland habitat. A list of
proposed acquisitions and restorations
must be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement stewardship
plan. All restorations must comply with
subdivision 9, paragraph (b).
new text end

new text begin (e) Valley Creek Protection Partnership new text end

new text begin $1,218,000 in fiscal year 2011 is to the
commissioner of natural resources for
agreements on projects to protect, restore,
and enhance natural systems of Valley Creek
in Washington County as follows: $838,000
with Minnesota Land Trust; $218,000 with
Washington County; $100,000 with the
Belwin Conservancy; $50,000 with Trout
Unlimited; and $12,000 with the Valley
Branch Watershed District. All restorations
must comply with subdivision 9, paragraph
(b).
new text end

new text begin (f) Anoka Sand Plain Restoration and Enhancement new text end

new text begin $747,000 in fiscal year 2011 is to the
commissioner of natural resources for
an agreement with Great River Greening
to restore and enhance habitat on public
property in the Anoka Sand Plain in Anoka,
Chisago, Isanti, Benton, Washington,
Morrison, and Sherburne Counties. All
restorations must comply with subdivision
9, paragraph (b).
new text end

new text begin (g) Lower Mississippi River Habitat Restoration Acceleration new text end

new text begin $1,000,000 in fiscal year 2011 is to
the commissioner of natural resources
to accelerate agency programs and for
cooperative agreements to acquire land in
the Root River watershed. A list of proposed
acquisitions must be provided as part of
the required accomplishment plan. The
commissioner of natural resources must
agree in writing to each proposed acquisition,
restoration, and enhancement. All
restorations must comply with subdivision
9, paragraph (b).
new text end

new text begin (h) Washington County St. Croix River Land Protection new text end

new text begin $1,033,000 in fiscal year 2011 is to the
commissioner of natural resources for an
agreement with Washington County to
acquire permanent easements to protect
habitat associated with the St. Croix River
Valley. A list of proposed acquisitions
must be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement stewardship
plan.
new text end

new text begin (i) Outdoor Heritage Conservation Partners Grant Program new text end

new text begin $4,386,000 in fiscal year 2011 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, including
government, for enhancement, restoration,
or protection of forests, wetlands, prairies,
and habitat for fish, game, or wildlife
in Minnesota. Up to four percent of
this appropriation may be used by the
commissioner of natural resources for
administering the grant program. 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
commissioner of natural resources must
agree in writing to each proposed acquisition
of land or interest in land. The program
shall require a cash match of at least ten
percent nonstate funds, and for projects
funded by the legislature after July 1, 2010,
the match shall be 20 percent. The criteria
for evaluating grant applications must
include, in a balanced and equally weighted
order of precedence, the amount of habitat
restored, enhanced, or protected; local
support; degree of collaboration; 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; 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 or charter to receive private
contributions for local conservation or
habitat projects when evaluating projects of
equal value. Priority may be given to projects
acquiring land or easements associated
with existing wildlife management areas.
All restoration or enhancement projects
must be on land permanently protected by
conservation easement or public ownership
or in public waters as defined in Minnesota
Statutes, section 103G.005, subdivision 15.
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, 2014, at which time all grant project
work must be completed and final products
delivered, unless an earlier date is specified
in the grant agreement. 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.
new text end

new text begin Subd. 6. new text end new text begin Administration and Other Provisions new text end

new text begin -0- new text end

new text begin 775,000 new text end

new text begin (a) Contract Management new text end

new text begin $175,000 in fiscal year 2011 is to the
commissioner of natural resources for
contract management duties assigned in
this section. All determinations, findings,
or decisions of the commissioner pursuant
to this act must be made in writing and
available to the public.
new text end

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

new text begin $600,000 in fiscal year 2011 is to the
Legislative Coordinating Commission for
administrative expenses of the Lessard-Sams
Outdoor Heritage Council and for
compensation and expense reimbursement
of council members.
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,
2013, when projects must be completed and
final accomplishments reported. Funds for
restoration or enhancement are available
until June 30, 2015, 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 and enhance land
acquired with the appropriation.
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 by this section that the
agency or entity using the appropriation shall
submit to the council an accomplishment
plan and periodic accomplishment
reports in the form determined by the
Lessard-Sams Outdoor Heritage Council.
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 in this section, any 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 in 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 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 in this section must: (1)
be permanent; (2) specify the parties to an
easement; (3) specify all of the provisions of
an agreement that are permanent; (4) specify
the habitat types and location being protected;
(5) 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 of the
restoration projects. The plan shall 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 the
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 selection
process used to identify parcels acquired
in fee or permanent conservation easement
and 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 shall
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) All restoration and enhancement projects
funded with money appropriated in 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 in this section must give
consideration to and make timely written
contact with the Minnesota Conservation
Corps or its successor for consideration of
possible use of their 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 from 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, 2010, 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 or to match 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 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 in this section must use the
appropriation in compliance with Minnesota
Statutes, section 16B.121, regarding
purchase of recycled, repairable, and durable
materials, and section 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.
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
preliminary approval of the Lessard-Sams
Outdoor Heritage Council or its successor.
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 is at
least equal in fair market value, as certified
in writing by the commissioner of natural
resources, to the interest being replaced; and
(2) the interest is in a reasonably equivalent
location and has a reasonably equivalent
useful conservation purpose compared to the
interest being replaced. The Lessard-Sams
Outdoor Heritage Council or its successor
must submit legislation seeking legislative
approval for changes given preliminary
approval under this paragraph.
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 preliminary approval of the
Lessard-Sams Outdoor Heritage Council or
its successor, and final legislative approval.
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 Lessard-Sams
Outdoor Heritage Council or its successor
written documentation from the person or
entity holding the interest in real property
certifying its 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 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
will require: (1) notice to the chairs of
committees with relevant jurisdiction; and (2)
presentation by the Lessard-Sams Outdoor
Heritage Council of proposed legislation
either ratifying or rejecting continued
involvement with the new organization.
new text end

Sec. 3.

Minnesota Statutes 2008, 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 purposes of this section, the following terms have
the meanings given them:
new text end

new text begin (1) "protect" means action to maintain the ability of habitat and related natural
systems to sustain fish, game, or wildlife through, but not limited to, acquisition of fee
title or conservation easements;
new text end

new text begin (2) "restore" means action to renew degraded, damaged, or destroyed wetlands,
prairies, forests, and habitat for fish, game, and wildlife with the ultimate goal of
restoration to a desired conservation condition; and
new text end

new text begin (3) "enhance" means action to improve in value, quality, and desirability in order to
increase the ecological value of wetlands, prairies, forests, and habitat for fish, game, and
wildlife.
new text end

Sec. 4.

Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Land management option. new text end

new text begin The council shall develop options for a
method to assess each recommended project a land management fee. A land management
fee is a payment on a onetime basis of all projected costs for the reasonable management,
care, restoration, and protection of land acquired through fee title or easement. The
council shall also recommend options for methods to escrow these fees, and to provide
oversight for payment of future costs from these escrow funds. Legislative proposals
pursuant to this section shall be adopted by the council by September 1, 2010, and a fee
complying with this mechanism shall be included as a part of all recommended projects
from July 2011 onward.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Lands in public domain. new text end

new text begin No funds appropriated from the outdoor heritage
fund shall be used to purchase any land in fee title, or permanent conservation easement,
if the land in question is fully or partially owned by the state of Minnesota or a political
subdivision of the state for a conservation purpose.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on July 1, 2010, and applies only to
projects proposed after that date.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2009 Supplement, sections 3.3006; and 84.02, subdivisions 4a,
6a, and 6b, new text end new text begin are repealed.
new text end

ARTICLE 2

CLEAN WATER

Section 1. new text begin CLEAN WATER FUND APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
clean water fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2010" and "2011" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2010,
or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is
fiscal year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the
fiscal year ending June 30, 2010, are effective the day following final enactment. All
appropriations in this article are onetime only.
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 2010 new text end		new text begin 2011 new text end

Sec. 2. new text begin POLLUTION CONTROL AGENCY new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 310,000 new text end

new text begin $310,000 the second year is for continued
rulemaking to establish water quality
standards for total nitrogen and nitrate
nitrogen.
new text end

Sec. 3. new text begin DEPARTMENT OF NATURAL RESOURCES new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 5,000,000 new text end

new text begin $5,000,000 the second year is to the
commissioner of natural resources for the
following purposes:
new text end

new text begin (1) establish a groundwater monitoring
network in the 11-county metropolitan area
that monitors nonstressed systems to provide
information on aquifer characteristics and
natural water level and water quality trends;
and
new text end

new text begin (2) develop an automated data system,
including existing wells, to capture
groundwater level and water use data to
enhance the evaluation of water resource
changes in aquifer systems that are stressed
by pumping of existing wells.
new text end

new text begin The commissioner shall collaborate with the
commissioners of health and the Pollution
Control Agency in designing the methods
used to collect and evaluate the data.
new text end

Sec. 4. new text begin BOARD OF WATER AND SOIL RESOURCES new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 1,615,000 new text end

new text begin (a) $558,000 the second year is to purchase
and restore permanent conservation
easements on riparian buffers of up to 120
feet adjacent to public waters, excluding
wetlands, to keep water on the land in
order to decrease sediment, pollutant, and
nutrient transport, reduce hydrologic impacts
to surface waters, and increase infiltration
for groundwater recharge. The riparian
buffers must be at least 50 feet unless
there is a natural impediment, a road, or
other impediment beyond the control of
the landowner. This appropriation may
be used for restoration of riparian buffers
protected by easements purchased with
this appropriation and for stream bank
restorations when the riparian buffers have
been restored. Up to five percent may be
used for administration of this program and
up to five percent may be used for technical
design, construction, and project oversight.
new text end

new text begin (b) $557,000 the second year is for grants
to watershed districts and watershed
management organizations for: (1) structural
or vegetative management practices that
reduce storm water runoff from developed
or disturbed lands to reduce the movement
of sediment, nutrients, and pollutants or
to leverage federal funds for restoration,
protection, or enhancement of water quality
in lakes, rivers, and streams and to protect
groundwater and drinking water; and (2)
the installation of proven and effective
water retention practices including, but not
limited to, rain gardens and other vegetated
infiltration basins and sediment control
basins in order to keep water on the land.
The projects must be of long-lasting public
benefit, include a local match, and be
consistent with TMDL implementation plans
or local water management plans. Watershed
district and watershed management
organization staff and administration may
be used for the local match. Priority may be
given to school projects that can be used to
demonstrate water retention practices. Up to
five percent may be used for administering
the grants and up to five percent may be
used for technical design, construction, and
project oversight.
new text end

new text begin (c) $500,000 the second year is for
permanent conservation easements on
wellhead protection areas under Minnesota
Statutes, section 103F.515, subdivision 2,
paragraph (d). Priority must be placed on
land that is located where the vulnerability
of the drinking water supply management
area, as defined under Minnesota Rules,
part 4720.5100, subpart 13, is designated as
high or very high by the commissioner of
health. Up to five percent may be used for
administration of this program and up to five
percent may be used for technical design,
construction, and project oversight.
new text end

new text begin (d) The Star Lake Board, established under
Minnesota Statutes, section 103B.702, shall
provide recommendations to the Board of
Water and Soil Resources on a set of criteria
that could be used to designate a lake or river
as a "Minnesota Star Lake" or "Minnesota
Star River."
new text end

new text begin (e) The appropriations in fiscal year 2011 to
the Board of Water and Soil Resources in
Laws 2009, chapter 172, article 2, section
6, are available until June 30, 2012, and,
unless otherwise specified, may utilize up to
five percent for administration of grant and
easement programs and up to five percent for
technical design, construction, and project
oversight.
new text end

Sec. 5.

Laws 2009, chapter 172, article 2, section 4, is amended to read:

Sec. 4. POLLUTION CONTROL AGENCY

$

24,076,000

$

deleted text begin 27,285,000 deleted text end new text begin 22,785,000 new text end

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

(1) include an analysis of the findings; and

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

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

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

(c) $1,500,000 the first year and $3,169,000
the second year are for grants under
Minnesota Statutes, section 116.195, to
political subdivisions for up to 50 percent
of the costs to predesign, design, and
implement capital projects that use treated
municipal wastewater instead of groundwater
from drinking water aquifers, in order to
demonstrate the beneficial use of wastewater,
including the conservation and protection of
water resources. Of this amount, $1,000,000
the first year is for grants to ethanol plants
that are within one and one-half miles of a
city for improvements that reuse greater than
300,000 gallons of wastewater per day.

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

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

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

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

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

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

(g) $155,000 the first year is to provide
notification of the potential for coal tar
contamination, establish a storm water
pond inventory schedule, and develop best
management practices for treating and
cleaning up contaminated sediments as
required in this article. deleted text begin $345,000 deleted text end new text begin $645,000 new text end
the second year is deleted text begin to develop a model
ordinance for the restricted use of undiluted
coal tar sealants and deleted text end to provide grants to local
units of government for up to 50 percent of
the costs to implement best management
practices to treat or clean up contaminated
sediments in storm water ponds and other
waters as defined under this article. Local
governments must have adopted an ordinance
for the restricted use of undiluted coal tar
sealants in order to be eligible for a grant,
unless a statewide restriction has been
implemented. A grant awarded under this
paragraph must not exceed $100,000. new text begin Up to
$145,000 of the appropriation in the second
year may be used to complete work required
under section 28, paragraph (c).
new text end

(h) $350,000 the first year and deleted text begin $400,000 deleted text end new text begin
$600,000 new text end the second year are for a restoration
project in the lower St. Louis River and
Duluth harbor new text begin in order to improve water
quality new text end . This appropriation must be matched
by nonstate money at a rate of new text begin at least new text end $2 for
every $1 of state money.

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

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

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

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

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

(n) $100,000 the first year and $100,000 the
second year are for grants to the Star Lake
Board established under Minnesota Statutes,
section 103B.702. The appropriation is a
pilot program to focus on engaging citizen
participation and fostering local partnerships
by increasing citizen involvement in water
quality enhancement by designating star
lakes and rivers. The board shall include
information on the results of this pilot
program in its next biennial report under
Minnesota Statutes, section 103B.702. The
second year grants are available only if
the Board of Water and Soil Resources
determines that the money granted in the first
year furthered the water quality goals in the
star lakes program in Minnesota Statutes,
section 103B.701. * (The preceding
paragraph beginning "(n) $100,000 the
first year" was indicated as vetoed by the
governor.)

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

ARTICLE 3

GENERAL PROVISIONS

Section 1.

Minnesota Statutes 2008, section 3.971, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Restoration audits. new text end

new text begin The legislative auditor, at the direction of the
Legislative Audit Commission, shall conduct restoration audits on a limited sample of
land restorations funded in whole or in part with state funds to determine whether the
activities and programs funded with state funds, including the outdoor heritage fund,
the parks and trails fund, the clean water fund, and the arts and cultural heritage funds,
are accomplishing restoration goals. The audit must be based solely on the project's
goals, parameters, and outcomes, as contained in approved project proposals and
accomplishment plans, and must include a critical analysis of the restoration goals and
objectives, scientific evaluation of the results, and the effectiveness of the restorations in
meeting applicable restoration requirements. The legislative auditor may hire or contract
with scientists and other appropriate persons to meet this requirement. Restoration audits
shall be funded out of the fund that funded the restoration, when possible, and may not
exceed one-quarter of one percent of available funds within the applicable dedicated fund
in any given biennium. For the purposes of this section, a "restoration audit" is a scientific
evaluation of an area of land that has been restored in order to determine whether the
restoration meets applicable requirements for the restoration.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

new text begin [3.9715] PAYMENT FROM HERITAGE FUNDS FOR AUDIT COSTS.
new text end

new text begin The outdoor heritage fund, the clean water fund, the parks and trails fund, and the
arts and cultural heritage fund, established in the Minnesota Constitution, article XI,
section 15, must each pay the legislative auditor for costs incurred by the legislative
auditor to examine financial activities related to each fund. The legislative auditor shall
provide cost data to the commissioner of management and budget to determine the amount
of the required payments. The amount required to make these payments is appropriated
from each fund for payments to the legislative auditor under this section. Amounts
received by the legislative auditor under this section are appropriated to the legislative
auditor for purposes of examining financial activities related to each fund. The legislative
auditor shall report by January 15 each year to the chairs and ranking minority members of
the house of representatives and senate funding divisions with jurisdiction over the Office
of the Legislative Auditor and the funds established in the Minnesota Constitution, article
XI, section 15, on past and projected future expenditure of funds under this section.
new text end

Sec. 3.

Minnesota Statutes 2009 Supplement, section 85.53, subdivision 2, is amended
to read:

Subd. 2.

Expenditures; accountability.

(a) A project or program receiving funding
from the parks and trails fund must meet or exceed the constitutional requirement to
support parks and trails of regional or statewide significance. A project or program
receiving funding from the parks and trails fund must include measurable outcomes, as
defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the
results. A project or program must be consistent with current science and incorporate
state-of-the-art technology, except when the project or program is a portrayal or restoration
of historical significance.

(b) Money from the parks and trails fund shall be expended to balance the benefits
across all regions and residents of the state.

(c) All information for funded projects, including the proposed measurable
outcomes, must be made available on the Web site required under section 3.303,
subdivision 10, as soon as practicable. Information on the measured outcomes and
evaluation must be posted as soon as it becomes available.

(d) Grants funded by the parks and trails fund must be implemented according to
section 16B.98 and must account for all expenditures. Proposals must specify a process
for any regranting envisioned. Priority for grant proposals must be given to proposals
involving grants that will be competitively awarded.

(e) A recipient of money from the parks and trails fund deleted text begin must display a sign on lands
and capital improvements purchased, restored, or protected with money from the parks
and trails fund that includes the logo developed by the commissioner of natural resources
to identify it as a project funded with money from the vote of the people of Minnesota on
November 4, 2008. deleted text end new text begin shall display, where practicable, a sign with the logo selected by the
Board of the Arts as follows when funded by the parks and trails fund: on construction
projects; at access points to any land or water resources acquired in fee or a less-than-fee
title interest; and on lands that were restored, protected, or enhanced. A recipient shall
also incorporate the logo, where practicable, into printed and other materials funded
with money from the parks and trails fund.
new text end

(f) Money from the parks and trails fund may only be spent on projects located
in Minnesota.

Sec. 4.

Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Logo. new text end

new text begin A recipient of money from the outdoor heritage fund shall display,
where practicable, a sign with the logo selected by the Board of the Arts as follows
when funded by the outdoor heritage fund: on construction projects; at access points to
any land or water resources acquired in fee or a less-than-fee title interest; and on lands
that were restored, protected, or enhanced. A recipient shall also incorporate the logo,
where practicable, into printed and other materials funded with money from the outdoor
heritage fund.
new text end

Sec. 5.

Minnesota Statutes 2009 Supplement, section 114D.50, subdivision 4, is
amended to read:

Subd. 4.

Expenditures; accountability.

(a) A project receiving funding from the
clean water fund must meet or exceed the constitutional requirements to protect, enhance,
and restore water quality in lakes, rivers, and streams and to protect groundwater and
drinking water from degradation. Priority may be given to projects that meet more than
one of these requirements. A project receiving funding from the clean water fund shall
include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for
measuring and evaluating the results. A project must be consistent with current science
and incorporate state-of-the-art technology.

(b) Money from the clean water fund shall be expended to balance the benefits
across all regions and residents of the state.

(c) All information for proposed and funded projects, including the proposed
measurable outcomes, must be made available on the Web site required under section
3.303, subdivision 10, as soon as practicable. Information on the measured outcomes and
evaluation must be posted as it becomes available. Information classified as not public
under section 13D.05, subdivision 3, paragraph (d), is not required to be placed on the
Web site.

(d) Grants funded by the clean water fund must be implemented according to section
16B.98 and must account for all expenditures. Proposals must specify a process for any
regranting envisioned. Priority for grant proposals must be given to proposals involving
grants that will be competitively awarded.

(e) Money from the clean water fund may only be spent on projects that benefit
Minnesota waters.

new text begin (f) A recipient of money from the clean water fund shall display, where practicable,
a sign with the logo selected by the Board of the Arts as follows when funded by the clean
water fund: on construction projects; at access points to any land or water resources
acquired in fee or a less-than-fee title interest; and on lands that were restored, protected,
or enhanced. A recipient shall also incorporate the logo, where practicable, into printed
and other materials funded with money from the clean water fund.
new text end

Sec. 6.

Minnesota Statutes 2009 Supplement, section 129D.17, subdivision 2, is
amended to read:

Subd. 2.

Expenditures; accountability.

(a) Funding from the arts and cultural
heritage fund may be spent only for arts, arts education, and arts access, and to preserve
Minnesota's history and cultural heritage. A project or program receiving funding from
the arts and cultural heritage fund must include measurable outcomes, and a plan for
measuring and evaluating the results. A project or program must be consistent with
current scholarship, or best practices, when appropriate and incorporate state-of-the-art
technology when appropriate.

(b) Funding from the arts and cultural heritage fund may be granted for an entire
project or for part of a project so long as the recipient provides a description and cost for
the entire project and can demonstrate that it has adequate resources to ensure that the
entire project will be completed.

(c) Money from the arts and cultural heritage fund shall be expended for benefits
across all regions and residents of the state.

(d) All information for funded projects, including the proposed measurable
outcomes, must be made available on the Legislative Coordinating Commission Web
site, as soon as practicable. Information on the measured outcomes and evaluation must
be posted as soon as it becomes available.

(e) Grants funded by the arts and cultural heritage fund must be implemented
according to section 16B.98 and must account for all expenditures of funds. Priority for
grant proposals must be given to proposals involving grants that will be competitively
awarded.

(f) A recipient of money from the arts and cultural heritage fund must display a sign
new text begin with the logo selected by the Board of the Arts new text end on capital projects during construction and
an acknowledgment in a printed program or other material funded with money from the
arts and cultural heritage fund that identifies it as a project funded with money from the
deleted text begin vote of the people of Minnesota on November 4, 2008 deleted text end new text begin arts and cultural heritage fund new text end .

(g) All money from the arts and cultural heritage fund must be for projects located
in Minnesota.

Sec. 7. new text begin FUNDS CARRYOVER.
new text end

new text begin Unless otherwise provided, the amounts appropriated in Laws 2009, chapter 172,
are available until June 30, 2011. For acquisition of an interest in real property, the
amounts in Laws 2009, chapter 172, are available until June 30, 2012. If a project receives
federal funds, the time period of the appropriation is extended to equal the availability
of federal funding.
new text end

Sec. 8. new text begin PARKS.
new text end

new text begin The Minneapolis Park and Recreation Board may acquire the entire property
known as the Scherer Brothers Lumber Yard for a metropolitan area regional park and
may allocate any future appropriations to the board from the parks and trails fund to
acquire the property.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the Minneapolis
Park Board timely completes compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Laws 2009, chapter 172, article 5, section 9, new text end new text begin is repealed.
new text end