1.1 	A bill for an act
1.2 	relating to natural resources; creating the Minnesota
1.3 	Conservation Heritage Council; eliminating the
1.4 	Legislative Commission on Minnesota Resources;
1.5 	providing for disposition of certain revenues;
1.6 	appropriating money; amending Minnesota Statutes 2004,
1.7 	sections 116P.02, by adding a subdivision; 116P.03;
1.8 	116P.04, subdivision 5; 116P.07; 116P.08, subdivisions
1.9 	3, 5, 6, 7, by adding subdivisions; 116P.09; 116P.10;
1.10 	116P.11; 116P.12, subdivision 2; 116P.15, subdivision
1.11 	2; proposing coding for new law in Minnesota Statutes,
1.12 	chapter 116P; repealing Minnesota Statutes 2004,
1.13 	sections 116P.02, subdivision 2; 116P.05; 116P.06;
1.14 	116P.061; 116P.07; 116P.08; 116P.09.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	Section 1. Minnesota Statutes 2004, section 116P.02, is
1.17 	amended by adding a subdivision to read:
1.18 		Subd. 4a.Council. "Council" means the Minnesota
1.19 	Conservation Heritage Council.

1.20 	Sec. 2. Minnesota Statutes 2004, section 116P.03, is
1.21 	amended to read:
1.22 	116P.03 TRUST FUND NOT TO SUPPLANT EXISTING FUNDING.
1.23 	(a) The trust fund may not be used as a substitute for
1.24 	traditional sources of funding environmental and natural
1.25 	resources activities, but the trust fund shall supplement the
1.26 	traditional sources, including those sources used to support the
1.27 	criteria in section 116P.08, subdivision 1 1a.  The trust fund
1.28 	must be used primarily to support activities whose benefits
1.29 	become available only over an extended period of time.
1.30 	(b) The commission must determine the amount of the state
2.1 	budget spent from traditional sources to fund environmental and
2.2 	natural resources activities before and after the trust fund is
2.3 	established and include a comparison of the amount in the report
2.4 	under section 116P.09, subdivision 7.

2.5 	Sec. 3. Minnesota Statutes 2004, section 116P.04,
2.6 	subdivision 5, is amended to read:
2.7 		Subd. 5.Audits required.  The legislative auditor shall
2.8 	audit trust fund expenditures to ensure that the money is spent
2.9 	for the purposes provided in the commission's budget plan the
2.10 	Minnesota Constitution, article XI, section 14, and the
2.11 	council's strategic plan developed under section 116P.08. In
2.12 	addition, the legislative auditor shall audit the books and
2.13 	records of the council on an annual basis under sections 3.971
2.14 	and 3.972, subject to the resources of the legislative auditor,
2.15 	to ensure that the expenditures and operations of the council
2.16 	are consistent with the requirements of this chapter.  The
2.17 	legislative auditor may recoup the expenses for audits under
2.18 	this subdivision from amounts available to the council under
2.19 	section 116P.061, subdivision 6.

2.20 	Sec. 4. [116P.061] MINNESOTA CONSERVATION HERITAGE
2.21 	COUNCIL.
2.22 		Subdivision 1.Membership. (a) The Minnesota
2.23 	Conservation Heritage Council is created pursuant to section
2.24 	15.012, paragraph (a), and is governed by a council of 11
2.25 	members.  The terms of members are six years and until their
2.26 	successors have been appointed.  Each member shall be appointed
2.27 	by the governor with the advice and consent of the senate.  Not
2.28 	more than six members shall belong to the same political party.
2.29 	The governor shall select at least one member from each
2.30 	congressional district.
2.31 	(b) To be eligible for appointment to the council, a
2.32 	prospective member must:  (1) demonstrate expertise and
2.33 	experience in the science, policy, or practice of the
2.34 	protection, conservation, preservation, and enhancement of the
2.35 	state's air, water, land, fish, wildlife, and other natural
2.36 	resources; and (2) not be a paid employee of an organization
3.1 	whose primary mission is the protection, conservation,
3.2 	preservation, and enhancement of natural resources.  Prior
3.3 	service on multimember boards with grant-making responsibilities
3.4 	or prior experience in the management of a business enterprise
3.5 	is also recommended.
3.6 	(c) Except as provided in this section, the terms,
3.7 	compensation, and removal of members and filling of vacancies on
3.8 	the council shall be as provided in section 15.0575.  A member
3.9 	may be removed from the council upon a supermajority of eight
3.10 	votes in favor of the removal of that member.
3.11 		Subd. 2.Chair; vice chair. The governor shall select a
3.12 	member to serve as chair for a term concurrent with that of the
3.13 	governor.  If a vacancy occurs in the position of chair, the
3.14 	governor shall select a new chair to complete the unexpired
3.15 	term.  The chair shall be the principal executive officer of the
3.16 	council and shall preside at meetings of the council.  The chair
3.17 	shall organize the work of the council and may make assignments
3.18 	to members, appoint committees, and give direction to the
3.19 	staff.  The members of the council shall select a vice chair.
3.20 		Subd. 3.Quorum. Except when otherwise specified, a
3.21 	majority of the council shall constitute a quorum and the act or
3.22 	decision of a majority of members present, if at least a quorum
3.23 	is present, shall be the act or decision of the council.  If a
3.24 	vacancy exists on the council, a majority of the remaining
3.25 	members constitutes a quorum.  A supermajority of eight members
3.26 	in favor is required for:  (1) hiring or removing an executive
3.27 	director for the council, if any; or (2) using funds for debt
3.28 	service on bonds.
3.29 		Subd. 4.Gifts. The council may accept and use grants of
3.30 	money or property from the United States or other grantors for
3.31 	any purpose pertaining to the activities of the council.  Any
3.32 	money or property so received is appropriated and dedicated for
3.33 	the purposes for which it is granted and shall be expended or
3.34 	used solely for such purposes according to federal laws and
3.35 	regulations pertaining thereto, subject to applicable state laws
3.36 	and rules as to manner of expenditure or use.  The council may
4.1 	make subgrants of any money received to other agencies, units of
4.2 	local government, private individuals, private organizations,
4.3 	and private nonprofit corporations.  Appropriate funds and
4.4 	accounts shall be maintained by the commissioner of finance to
4.5 	comply with this section.  Lands and interests in lands received
4.6 	may be sold or exchanged according to chapter 94.

4.7 	Sec. 5. Minnesota Statutes 2004, section 116P.07, is
4.8 	amended to read:
4.9 	116P.07 INFORMATION GATHERING.
4.10 		Subdivision 1.Public forums. The commission council may
4.11 	convene public forums or employ other methods to gather
4.12 	information for establishing priorities for funding.
4.13 		Subd. 2.Technical advisory committee. The council shall
4.14 	make use of available expertise from educational, research, and
4.15 	technical organizations, and state and federal environmental
4.16 	agencies, including the University of Minnesota and other higher
4.17 	education institutions, to provide appropriate independent
4.18 	expert advice on identifying natural resource priorities during
4.19 	development of the strategic plan provided for in section
4.20 	116P.08.  The technical advisory committee shall also review
4.21 	funding proposals and advise the council on funding
4.22 	recommendations.  The council shall appoint the technical
4.23 	advisory committee and designate a chair.  Compensation of
4.24 	advisory committee members is governed by section 15.059,
4.25 	subdivision 3.
4.26 		Subd. 3.State agency long-term priorities. State
4.27 	agencies with environmental programs and responsibilities shall
4.28 	submit long-term priorities based on agency plans to the
4.29 	council.  The council may integrate agency long-term priorities
4.30 	into the development of its strategic plan as provided for in
4.31 	section 116P.08.
4.32 		Subd. 4.Public priorities. The council shall ask
4.33 	conservation and environmental organizations to submit their
4.34 	long-term priorities and plans to the council, which may be
4.35 	integrated into the council's strategic plan as provided for in
4.36 	section 116P.08.

5.1 	Sec. 6. Minnesota Statutes 2004, section 116P.08, is
5.2 	amended by adding a subdivision to read:
5.3 		Subd. 1a.Expenditures. (a) The amount appropriated from
5.4 	the environment and natural resources trust fund may be spent
5.5 	only for the public purpose of protection, conservation,
5.6 	preservation, and enhancement of the state's air, water, land,
5.7 	fish, wildlife, and other natural resources.  Expenditures
5.8 	recommended by the council under this paragraph must be
5.9 	consistent with article XI, section 14, of the Minnesota
5.10 	Constitution and the strategic plan adopted under subdivision 3
5.11 	and must demonstrate a direct benefit to the state's natural
5.12 	resources.
5.13 	(b) For the fiscal biennium beginning July 1, 2007, and
5.14 	each biennium thereafter, the amount of the environment and
5.15 	natural resources trust fund that is available for appropriation
5.16 	under the terms of the Minnesota Constitution, article XI,
5.17 	section 14, shall be appropriated by a law passed by the
5.18 	legislature and signed by the governor to the Department of
5.19 	Natural Resources for expenditures to be made according to the
5.20 	provisions of this paragraph.  The council shall submit its
5.21 	recommendations under section 116P.08, subdivision 3, to the
5.22 	governor for approval or disapproval.  The governor shall notify
5.23 	the commissioner of natural resources of the council's
5.24 	recommendations that the governor has approved.  The
5.25 	commissioner of natural resources shall allocate funds
5.26 	appropriated under this section in accordance with those
5.27 	recommendations of the council that are approved by the governor.

5.28 	Sec. 7. Minnesota Statutes 2004, section 116P.08, is
5.29 	amended by adding a subdivision to read:
5.30 		Subd. 1b.Work program; progress reports. It is a
5.31 	condition of acceptance of the appropriations made from the
5.32 	Minnesota environment and natural resources trust fund that the
5.33 	agency or entity receiving the appropriation must submit a work
5.34 	program and semiannual progress reports in the form determined
5.35 	by the council.  None of the money provided may be spent unless
5.36 	the council has approved the pertinent work program.

6.1 	Sec. 8. Minnesota Statutes 2004, section 116P.08,
6.2 	subdivision 3, is amended to read:
6.3 		Subd. 3.Strategic plan required.  (a) The commission 
6.4 	council shall adopt a strategic plan for making expenditures
6.5 	from the trust fund, including identifying the priority areas
6.6 	for funding for the next six ten years.  The strategic plan must
6.7 	be updated every two years. The plan is advisory only The
6.8 	council shall make funding allocation recommendations on an
6.9 	annual basis to the governor according to the strategic plan.
6.10 	(b) The commission council shall submit the plan, as a
6.11 	recommendation,to the house of representatives Ways and Means
6.12 	and senate Finance Committees chairs of the house of
6.13 	representatives and senate committees with jurisdiction over
6.14 	environment and natural resources policy and finance by January
6.15 	1 15 of each odd-numbered year according to section 116P.09,
6.16 	subdivision 7.
6.17 	(b) The commission may accept or modify the draft of the
6.18 	strategic plan submitted to it by the advisory committee before
6.19 	voting on the plan's adoption.

6.20 	Sec. 9. Minnesota Statutes 2004, section 116P.08,
6.21 	subdivision 5, is amended to read:
6.22 		Subd. 5.Public meetings.  All advisory committee and
6.23 	commission council meetings must be open to the public. The
6.24 	commission shall attempt to meet at least once in each of the
6.25 	state's congressional districts during each biennium.

6.26 	Sec. 10. Minnesota Statutes 2004, section 116P.08,
6.27 	subdivision 6, is amended to read:
6.28 		Subd. 6.Peer review.  (a) Research proposals must
6.29 	include a stated purpose, timeline, potential outcomes, and an
6.30 	explanation of the need for the research.  All research
6.31 	proposals must be reviewed by a peer review panel peer-reviewed 
6.32 	before receiving an appropriation. Peer reviews shall be
6.33 	considered by the council in evaluating a research project
6.34 	proposal.  The council shall establish a peer review panel under
6.35 	subdivision 7 to assist its work.
6.36 	(b) In conducting research proposal reviews, the peer
7.1 	review panel A peer review report on a proposed research
7.2 	project, prepared for a research proposal review,shall:
7.3 	(1) comment on the methodology proposed and whether it can
7.4 	be expected to yield appropriate and useful information and
7.5 	data; and 
7.6 	(2) comment on the need for the research and about similar
7.7 	existing information available, if any; and 
7.8 	(3) report to the commission and advisory committee on
7.9 	clauses (1) and (2).
7.10 	(c) The peer review panel also must review completed
7.11 	research proposals that have received an appropriation and
7.12 	comment and report upon whether the project reached the intended
7.13 	goals.

7.14 	Sec. 11. Minnesota Statutes 2004, section 116P.08,
7.15 	subdivision 7, is amended to read:
7.16 		Subd. 7.Peer review panel membership.  (a) The peer
7.17 	review panel must consist of at least five members who are
7.18 	knowledgeable in general research methods in the areas of
7.19 	environment and natural resources.  Not more than two members of
7.20 	the panel may be employees of state agencies in Minnesota.
7.21 	(b) The commission council shall select a chair every two
7.22 	years who shall be responsible for convening meetings of the
7.23 	panel as often as is necessary to fulfill its duties as
7.24 	prescribed in this section.  Compensation of panel members is
7.25 	governed by section 15.059, subdivision 3.
7.26 	(c) The peer review panel must review completed research
7.27 	proposals that have received an appropriation and comment and
7.28 	report upon whether the project reached the intended goals.

7.29 	Sec. 12. Minnesota Statutes 2004, section 116P.09, is
7.30 	amended to read:
7.31 	116P.09 ADMINISTRATION.
7.32 		Subdivision 1.Administrative authority. The
7.33 	commission council may appoint legal and other personnel and
7.34 	consultants necessary to carry out functions and duties of
7.35 	the commission council.  Permanent employees shall be in the
7.36 	unclassified service.  In addition, the commission council may
8.1 	request staff assistance and data from any other agency of state
8.2 	government as needed for the execution of the responsibilities
8.3 	of the commission and advisory committee council and an agency
8.4 	must promptly furnish it.
8.5 		Subd. 2.Liaison officers. The commission council shall
8.6 	request each department or agency head of all state agencies
8.7 	with a direct interest and responsibility in any phase of
8.8 	environment and natural resources to appoint, and the latter
8.9 	shall appoint for the agency, a liaison officer who shall work
8.10 	closely with the commission council and its staff.
8.11 		Subd. 3.Appraisal and evaluation. The commission 
8.12 	council shall obtain and appraise information available through
8.13 	private organizations and groups, utilizing to the fullest
8.14 	extent possible studies, data, and reports previously prepared
8.15 	or currently in progress by public agencies, private
8.16 	organizations, groups, and others, concerning future trends in
8.17 	the protection, conservation, preservation, and enhancement of
8.18 	the state's air, water, land, forests, fish, wildlife, native
8.19 	vegetation, and other natural resources.  Any data compiled by
8.20 	the commission council shall be made available to any standing
8.21 	or interim committee of the legislature upon the request of the
8.22 	chair of the respective committee.
8.23 		Subd. 4.Personnel. Persons who are employed by a state
8.24 	agency to work on a project and are paid by an appropriation
8.25 	from the trust fund are in the unclassified civil service, and
8.26 	their continued employment is contingent upon the availability
8.27 	of money from the appropriation.  When the appropriation has
8.28 	been spent, their positions must be canceled and the approved
8.29 	complement of the agency reduced accordingly.  Part-time
8.30 	employment of persons for a project is authorized.  The use of
8.31 	classified employees is authorized when approved as part of the
8.32 	work program required by section 116P.05 116P.08, subdivision 2,
8.33 	paragraph (c) 1a.
8.34 		Subd. 5.Administrative expense. The prorated expenses
8.35 	related to commission council administration of the trust fund
8.36 	may not exceed an amount equal to four percent of the amount
9.1 	available for appropriation of the trust fund for the biennium.
9.2 		Subd. 6.Conflict of interest. (a) A commission council 
9.3 	member, advisory committee member,a peer review panelist, or an
9.4 	employee of the commission council may not participate in or
9.5 	vote on a decision of the commission, advisory
9.6 	committee,council or a peer review panel relating to an
9.7 	organization in which the member, panelist, or employee has
9.8 	either a direct or indirect personal financial interest.  While
9.9 	serving on the legislative commission, advisory committee,
9.10 	council or peer review panel,or being while an employee of
9.11 	the commission council, a person shall avoid any potential
9.12 	conflict of interest. A conflict of interest exists if the
9.13 	person:
9.14 	(1) would receive a direct or indirect personal financial
9.15 	benefit from an entity proposing a project for funding by the
9.16 	council or from a proposal under review for funding by the
9.17 	council;
9.18 	(2) serves as an employee, consultant, or governing board
9.19 	member of an entity proposing a project for funding by the
9.20 	council; or 
9.21 	(3) has a family relationship with a project proposer or a
9.22 	staff or board member of an entity proposing a project for
9.23 	funding by the council.
9.24 	(b) The council must develop procedures to identify a
9.25 	conflict of interest during the initial proposal review
9.26 	process.  If a conflict is found to exist, the person must
9.27 	notify the council in writing and may not advocate for or
9.28 	against the proposal or vote on the proposal.
9.29 		Subd. 7.Report required. The commission council shall,
9.30 	by January 15 of each odd-numbered year, submit a report to the
9.31 	governor, the chairs of the house of representatives 
9.32 	appropriations and senate finance committees, and the chairs of
9.33 	the house of representatives and senate committees on with
9.34 	jurisdiction over environment and natural resources policy and
9.35 	finance.  Copies of the report must be available to the public.
9.36 	The report must include a summary of the council's conservation
10.1 	achievements during the reporting period and:
10.2 	(1) a copy of the current strategic plan;
10.3 	(2) a description of each project receiving money from the
10.4 	trust fund during the preceding biennium and how the project
10.5 	relates to the constitutional dedication of the trust fund and
10.6 	to the council's current strategic plan;
10.7 	(3) a summary of any research project completed in the
10.8 	preceding biennium;
10.9 	(4) recommendations to implement successful projects and
10.10 	programs into a state agency's standard operations;
10.11 	(5) to the extent known by the commission council,
10.12 	descriptions of the projects anticipated to be supported by the
10.13 	trust fund during the next biennium;
10.14 	(6) the source and amount of all revenues collected and
10.15 	distributed by the commission council, including all
10.16 	administrative and other expenses;
10.17 	(7) a description of the assets and liabilities of the
10.18 	trust fund;
10.19 	(8) any findings or recommendations that are deemed proper
10.20 	to assist the legislature in formulating legislation;
10.21 	(9) a list of all gifts and donations with a value over
10.22 	$1,000;
10.23 	(10) a comparison of the amounts spent by the state for
10.24 	environment and natural resources activities through the most
10.25 	recent fiscal year; and
10.26 	(11) a copy of the most recent compliance audit.

10.27 	Sec. 13. Minnesota Statutes 2004, section 116P.10, is
10.28 	amended to read:
10.29 	116P.10 ROYALTIES, COPYRIGHTS, PATENTS.
10.30 	This section applies to projects supported by the trust
10.31 	fund and the oil overcharge money referred to in section 4.071,
10.32 	subdivision 2, each of which is referred to in this section as a
10.33 	"fund."  The trust fund owns and shall take title to the
10.34 	percentage of a royalty, copyright, or patent resulting from a
10.35 	project supported by the trust fund equal to the percentage of
10.36 	the project's total funding provided by the trust fund.  Cash
11.1 	receipts resulting from a royalty, copyright, or patent, or the
11.2 	sale of the trust fund's rights to a royalty, copyright, or
11.3 	patent, must be credited immediately to the principal of
11.4 	the trust fund.  Receipts from Minnesota future resources fund
11.5 	projects must be credited to the trust fund.  Before the council
11.6 	decides to fund a project is included in the budget plan,
11.7 	the commission council may vote to relinquish the ownership or
11.8 	rights to a royalty, copyright, or patent resulting from a
11.9 	project supported by the trust fund to the project's proposer
11.10 	when the amount of the original grant or loan, plus interest,
11.11 	has been repaid to the trust fund.

11.12 	Sec. 14. Minnesota Statutes 2004, section 116P.11, is
11.13 	amended to read:
11.14 	116P.11 AVAILABILITY OF FUNDS FOR DISBURSEMENT.
11.15 	(a) The amount biennially available from the trust fund for
11.16 	the budget plan developed by the commission council is as
11.17 	defined in the Minnesota Constitution, article XI, section 14.
11.18 	(b) Any appropriated funds not encumbered in the biennium
11.19 	in which they are appropriated cancel and must be credited to
11.20 	the principal of the trust fund.

11.21 	Sec. 15. Minnesota Statutes 2004, section 116P.12,
11.22 	subdivision 2, is amended to read:
11.23 		Subd. 2.Application and administration.  (a) The
11.24 	commission council must adopt a procedure for the issuance of
11.25 	the water system improvement loans by the Public Facilities
11.26 	Authority.
11.27 	(b) The commission council also must ensure that the loans
11.28 	are administered according to its fiduciary standards and
11.29 	requirements.

11.30 	Sec. 16. Minnesota Statutes 2004, section 116P.15,
11.31 	subdivision 2, is amended to read:
11.32 		Subd. 2.Restrictions; modification procedure.  (a) An
11.33 	interest in real property acquired with an appropriation from
11.34 	the trust fund or the Minnesota future resources fund must be
11.35 	used in perpetuity or for the specific term of an easement
11.36 	interest for the purpose for which the appropriation was made.
12.1 	(b) A recipient of funding who acquires an interest in real
12.2 	property subject to this section may not alter the intended use
12.3 	of the interest in real property or convey any interest in the
12.4 	real property acquired with the appropriation without the prior
12.5 	review and approval of the commission council.  The commission 
12.6 	council shall establish procedures to review requests from
12.7 	recipients to alter the use of or convey an interest in real
12.8 	property.  These procedures shall allow for the replacement of
12.9 	the interest in real property with another interest in real
12.10 	property meeting the following criteria:
12.11 	(1) the interest is at least equal in fair market value, as
12.12 	certified by the commissioner of natural resources, to the
12.13 	interest being replaced; and
12.14 	(2) the interest is in a reasonably equivalent location,
12.15 	and has a reasonably equivalent usefulness compared to the
12.16 	interest being replaced.
12.17 	(c) A recipient of funding who acquires an interest in real
12.18 	property under paragraph (a) must separately record a notice of
12.19 	funding restrictions in the appropriate local government office
12.20 	where the conveyance of the interest in real property is filed.
12.21 	The notice of funding agreement must contain:
12.22 	(1) a legal description of the interest in real property
12.23 	covered by the funding agreement;
12.24 	(2) a reference to the underlying funding agreement;
12.25 	(3) a reference to this section; and
12.26 	(4) the following statement:
12.27 	"This interest in real property shall be administered in
12.28 	accordance with the terms, conditions, and purposes of the grant
12.29 	agreement or work program controlling the acquisition of the
12.30 	property.  The interest in real property, or any portion of the
12.31 	interest in real property, shall not be sold, transferred,
12.32 	pledged, or otherwise disposed of or further encumbered without
12.33 	obtaining the prior written approval of the Legislative
12.34 	Commission on Minnesota Resources council or its successor.  If
12.35 	the holder of the interest in real property fails to comply with
12.36 	the terms and conditions of the grant agreement or work program,
13.1 	ownership of the interest in real property shall transfer to
13.2 	this state."

13.3 	Sec. 17. INITIAL CITIZEN APPOINTMENTS.
 13.4 	The governor shall make the initial appointments of citizen
13.5 	members to the Minnesota Conservation Heritage Council according
13.6 	to the following schedule of terms:
13.7 	(1) two members to serve for full six-year terms;
13.8 	(2) two members to serve for five-year terms;
13.9 	(3) two members to serve for four-year terms; and 
13.10 	(4) two members to serve for three-year terms.

13.11 	Sec. 18. TRANSITION.
 13.12 	(a) The staff of the Legislative Commission on Minnesota
13.13 	Resources shall provide administrative and technical assistance
13.14 	to the council.
13.15 	(b) Administrative expenses saved through the elimination
13.16 	of the Citizens Advisory Committee shall be used for the
13.17 	administrative expenses of the council or other citizen advisory
13.18 	committees created by the council.

13.19 	Sec. 19. REPEALER.
 13.20 	(a) Minnesota Statutes 2004, sections 116P.02, subdivision
13.21 	2, and 116P.06 are repealed.
13.22 	(b) Minnesota Statutes 2004, section 116P.05, is repealed
13.23 	effective June 30, 2005.

13.24 	Sec. 20. SUNSET.
 13.25 	Minnesota Statutes 2004, sections 116P.061; 116P.07;
13.26 	116P.08; and 116P.09, are repealed effective June 30, 2012,
13.27 	unless extended by the legislature.

13.28 	Sec. 21. EFFECTIVE DATE.
 13.29 	Sections 1 to 20 are effective the day following final
13.30 	enactment.