Office of the Revisor of Statutes
HF 293
1st Unofficial Engrossment - 85th Legislature (2007 - 2008)
Posted on 12/15/2009 12:00 a.m.
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to state government; appropriating money for environment and
1.3natural resources; modifying meeting requirements of the Legislative-Citizen
1.4Commission on Minnesota Resources;amending Minnesota Statutes 2006,
1.5section 116P.08, subdivision 5.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8The sums shown in the columns marked "Appropriations" are appropriated to the
1.9agencies and for the purposes specified in this act. The appropriations are from the general
1.10fund, or another named fund, and are available for the fiscal years indicated for each
1.11purpose. The figures "2008" and "2009" used in this article mean that the appropriations
1.12listed under them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
1.13respectively. "The first year" is fiscal year 2008. "The second year" is fiscal year 2009.
1.14"The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal year ending
1.15June 30, 2007, are effective the day following final enactment.
2.8Appropriations are available for either year
2.9of the biennium. Any unencumbered balance
2.10remaining in the first year does not cancel
2.11and is available for the second year of the
2.12biennium.
2.14(a) "Trust fund" means the Minnesota
2.15environment and natural resources trust fund
2.16referred to in Minnesota Statutes, section
2.17116P.02, subdivision 6.
2.18(b) "State land and water conservation
2.19account (LAWCON)" means the state land
2.20and water conservation account in the natural
2.21resources fund referred to in Minnesota
2.22Statutes, section 116P.14.
2.26$1,278,000 is from the trust fund for fiscal
2.27years 2008 and 2009 and is for administration
2.28as provided in Minnesota Statutes, section
2.29116P.09, subdivision 5.
2.30Notwithstanding Minnesota Statutes, section
2.3116A.281, the availability of up to $50,000 of
2.32the appropriation from Laws 2006, chapter
2.33243, section 19, is extended to June 30, 2008,
2.34for communications outreach.
3.1$40,000 is from the trust fund to the
3.2commissioner of natural resources to
3.3complete contract management for duties
3.4assigned in Laws 2005, First Special Session
3.5chapter 1, article 2, section 11, subdivision
3.63, paragraph (b), and additional duties as
3.7assigned in this section.
3.15$2,000,000 is from the trust fund to the
3.16commissioner of natural resources to acquire
3.17permanent working forest conservation
3.18easements on private forests in northern
3.19Minnesota, the Mississippi blufflands, and
3.20other areas identified through the state forest
3.21legacy program. Priority must be given to
3.22acquiring easements on private lands within
3.23existing Minnesota state forest boundaries.
3.24Any easements acquired must have a
3.25sustainable forestry practice management
3.26plan. Land subject to easements acquired
3.27under this appropriation is not eligible for
3.28payment under Minnesota Statutes, section
3.29290C.07. The commissioner must report
3.30to the Legislative-Citizen Commission
3.31on Minnesota Resources with proposed
3.32minimum standards for forest conservation
3.33easements by June 1, 2007. The commission
3.34shall consider the proposed standards as
3.35part of the work program approval by June
3.3630, 2007. No funds shall be expended until
4.1the commission has reviewed and approved
4.2minimum standards for forest conservation
4.3easements funded by the trust fund.
4.6$4,200,000 is from the trust fund to the
4.7commissioner of natural resources for
4.8acceleration of agency programs and
4.9cooperative agreements with Pheasants
4.10Forever; Minnesota Deer Hunters
4.11Association; Ducks Unlimited, Inc.; National
4.12Wild Turkey Federation; The Nature
4.13Conservancy; Minnesota Land Trust; The
4.14Trust for Public Land; Minnesota Valley
4.15National Wildlife Refuge Trust, Inc.; United
4.16States Fish and Wildlife Service; Red Lake
4.17Band of Chippewa; Leech Lake Band of
4.18Chippewa; Fond du Lac Band of Chippewa;
4.19USDA-Natural Resources Conservation
4.20Service; and the Board of Water and Soil
4.21Resources to plan, restore, and acquire
4.22fragmented landscape corridors that connect
4.23areas of quality habitat to sustain fish,
4.24wildlife, and plants. Expenditures are limited
4.25to the project corridor areas as defined in
4.26the work program. Land acquired with this
4.27appropriation must be sufficiently improved
4.28to meet at least minimum habitat and facility
4.29management standards as determined by
4.30the commissioner. This appropriation may
4.31not be used for the purchase of residential
4.32structures, unless expressly approved in the
4.33work program. All conservation easements
4.34must be perpetual and have a natural resource
4.35management plan. Any land acquired in fee
5.1title by the commissioner with money from
5.2this appropriation must be designated:
5.3(1) as an outdoor recreation unit under
5.4Minnesota Statutes, section 86A.07; or
5.5(2) as provided in Minnesota Statutes,
5.6sections 89.018, subdivision 2, paragraph (a);
5.797A.101; 97A.125; 97C.001; and 97C.011.
5.8The commissioner may similarly designate
5.9any lands acquired in less than fee title.
5.11$2,500,000 is from the trust fund to the
5.12commissioner of natural resources for
5.13acceleration of agency programs and
5.14cooperative agreements with The Trust for
5.15Public Land; Friends of the Mississippi
5.16River; Great River Greening; Minnesota
5.17Land Trust; Minnesota Valley National
5.18Wildlife Refuge Trust, Inc.; Trout Unlimited;
5.19and Friends of the Minnesota Valley for
5.20the purposes of planning, restoring, and
5.21protecting important natural areas in the
5.22metropolitan region, as defined by Minnesota
5.23Statutes, section 473.121, subdivision 2,
5.24and portions of the surrounding counties,
5.25through grants, contracted services,
5.26conservation easements, and fee acquisition.
5.27Land acquired with this appropriation
5.28must be sufficiently improved to meet at
5.29least minimum management standards
5.30as determined by the commissioner.
5.31Expenditures are limited to the identified
5.32project corridor areas as defined in the work
5.33program. This appropriation may not be used
5.34for the purchase of residential structures,
5.35unless expressly approved in the work
6.1program. All conservation easements must
6.2be perpetual and have a natural resource
6.3management plan. Any land acquired in fee
6.4title by the commissioner of natural resources
6.5with money from this appropriation must be
6.6designated:
6.7(1) as an outdoor recreation unit under
6.8Minnesota Statutes, section 86A.07; or
6.9(2) as provided in Minnesota Statutes,
6.10sections 89.018, subdivision 2, paragraph (a);
6.1197A.101; 97A.125; 97C.001; and 97C.011.
6.12The commissioner may similarly designate
6.13any lands acquired in less than fee title.
6.16$220,000 is from the trust fund to the
6.17commissioner of natural resources to develop
6.18stewardship plans and implement prairie
6.19management on private prairie lands on a
6.20cost-share basis with private or federal funds.
6.22$1,500,000 is from the trust fund to the
6.23commissioner of natural resources to acquire
6.24land for state trails and in-holdings for state
6.25parks. Land acquired with this appropriation
6.26must be sufficiently improved to meet at
6.27least minimum management standards as
6.28determined by the commissioner.
6.31$2,500,000 is from the trust fund to the
6.32Metropolitan Council for subgrants for the
6.33acquisition of lands within the approved park
6.34unit boundaries of the metropolitan regional
6.35park system. This appropriation may not
7.1be used for the purchase of residential
7.2structures. Subdivision 12 applies to grants
7.3awarded in the approved work program. This
7.4appropriation must be matched by at least
7.540 percent of nonstate money and must be
7.6committed by December 31, 2007, or the
7.7appropriation cancels. This appropriation
7.8is available until June 30, 2010, at which
7.9time the project must be completed and final
7.10products delivered, unless an earlier date is
7.11specified in the work program.
7.14$1,000,000 is from the trust fund to the
7.15commissioner of natural resources to provide
7.16matching grants to local governments for
7.17acquisition of natural and scenic areas, as
7.18provided in Minnesota Statutes, section
7.1985.019, subdivision 4a, and regional parks
7.20outside of the metropolitan area, as defined
7.21in Minnesota Statutes, section 473.121,
7.22subdivision 2. The local match required for
7.23a grant to acquire a regional park or regional
7.24outdoor recreation area is $2 of nonstate
7.25money for each $3 of state money. For the
7.26purposes of this paragraph, the match may
7.27be either cash or a qualifying land donation.
7.28Recipients may receive funding for more
7.29than one project in any given grant period.
7.30Subdivision 12 applies to grants awarded in
7.31the approved work program.
7.33$500,000 is from the state land and water
7.34conservation account (LAWCON) in the
7.35natural resources fund to the commissioner of
8.1natural resources for priorities established by
8.2the commissioner for eligible state projects
8.3and administrative and planning activities
8.4consistent with Minnesota Statutes, section
8.5116P.14, and the federal Land and Water
8.6Conservation Fund Act. Subdivision 12
8.7applies to grants awarded in the approved
8.8work program. This appropriation is
8.9contingent upon receipt of the federal
8.10obligation and remains available until June
8.1130, 2010, at which time the project must
8.12be completed and final products delivered,
8.13unless an earlier date is specified in the work
8.14program.
8.17$300,000 is from the trust fund to the
8.18commissioner of natural resources to
8.19research potential insects for biological
8.20control of invasive European buckthorn
8.21species for the third biennium and to
8.22introduce and evaluate insects for biological
8.23control of garlic mustard for the second
8.24biennium. This appropriation is available
8.25until June 30, 2010, at which time the
8.26project must be completed and final products
8.27delivered, unless an earlier date is specified
8.28in the work program.
8.31$115,000 is from the trust fund to Minnesota
8.32State University, Mankato, to assess
8.33plant-soil feedback contribution to the
8.34invasiveness of reed canary grass through
8.35identification and neutralization of inhibitory
8.36root exudates.
9.4$350,000 is from the trust fund to the Board
9.5of Water and Soil Resources to accelerate
9.6the local water management challenge
9.7grant program under Minnesota Statutes,
9.8sections 103B.3361 to 103B.3369, through
9.9matching grants to implement high priority
9.10activities in state-approved comprehensive
9.11water management plans. For the purposes
9.12of this paragraph, the match must be a
9.13nonstate contribution and may be either cash
9.14or qualifying in-kind. The grants may be
9.15provided on an advance basis as specified
9.16in the work program. This appropriation
9.17is available until June 30, 2010, at which
9.18time the project must be completed and final
9.19products delivered, unless an earlier date is
9.20specified in the work program.
9.23$563,000 is from the trust fund to the Board
9.24of Water and Soil Resources in cooperation
9.25with Renville and Redwood Soil and
9.26Water Conservation Districts for perpetual
9.27easements of unique wetland and riparian
9.28habitats associated with rock outcrops in the
9.29Minnesota River Valley.
9.32$275,000 is from the trust fund for the
9.33second biennium to the Board of Water and
9.34Soil Resources for a cooperative agreement
9.35with the United States Geological Survey to
10.1define the relation between land retirement
10.2and water quality and biological integrity in
10.3Minnesota River subbasins and to determine
10.4if nutrient transport reductions improve
10.5habitat and biodiversity in order to enhance
10.6prioritization of future land retirements.
10.7This appropriation must be matched by an
10.8equal amount of nonstate money and must
10.9be committed by December 31, 2007, or the
10.10appropriation cancels.
10.13$374,000 is from the trust fund to the
10.14Science Museum of Minnesota to assess the
10.15long-term benefits of conservation grasslands
10.16in reducing sediment and nutrient loads
10.17through quantitative lake sediment analysis
10.18in small watersheds with different grassland
10.19acreages. This appropriation is available
10.20until June 30, 2010, at which time the
10.21project must be completed and final products
10.22delivered, unless an earlier date is specified
10.23in the work program.
10.26$159,000 is from the trust fund to Minnesota
10.27State University, Mankato, to monitor river
10.28water quality and riparian habitat through
10.29airborne dynamic hyperspectral remote
10.30sensing on the Blue Earth River.
10.33$400,000 is from the trust fund to the
10.34University of Minnesota to assess the timber
10.35harvesting riparian management guidelines
11.1for postharvest impacts on terrestrial, aquatic,
11.2and wildlife habitats.
11.5$270,000 is from the trust fund to the
11.6University of Minnesota to identify and
11.7delineate supply areas and springsheds, for
11.8springs serving as coldwater sources for
11.9modern and historic trout streams, and to
11.10assess the impacts from development and
11.11groundwater appropriations.
11.14$110,000 is from the trust fund to the
11.15commissioner of natural resources in
11.16cooperation with Cass County to identify
11.17sensitive shorelines of the highest priority
11.18lakes to protect water quality and near-shore
11.19habitat through improved shoreland zoning
11.20by Cass County.
11.22$292,000 is from the trust fund to the
11.23University of Minnesota to quantify
11.24sustainable supplies of surface and
11.25groundwater by integrating surface water,
11.26vadose zone, and groundwater systems into
11.27defined hydrologic units.
11.29$400,000 is from the trust fund to the
11.30University of Minnesota, Minnesota
11.31Geologic Survey, to accelerate the production
11.32of county geologic atlases that describe
11.33location, size, boundaries, and vulnerability
11.34of aquifers to enhance the protection and use
11.35of groundwater.
12.3$300,000 is from the trust fund for the second
12.4biennium to the University of Minnesota,
12.5Natural Resources Research Institute, to
12.6quantify climate, hydrologic, and ecological
12.7variability and trends, along with economic
12.8impacts of environmental fluctuation on
12.9water resources, and to identify indicators
12.10of future climate change effects on aquatic
12.11systems. This appropriation is available until
12.12June 30, 2010, at which time the project must
12.13be completed and final products delivered,
12.14unless an earlier date is specified in the work
12.15program.
12.17$302,000 is from the trust fund to
12.18the University of Minnesota to
12.19develop technologies that eliminate
12.20antibiotic-resistant bacteria, hormones,
12.21and other pharmaceutical compounds from
12.22Minnesota's surface waters.
12.25$97,000 is from the trust fund to St. Cloud
12.26State University to assess whether the genetic
12.27diversity of walleye in the Upper Mississippi
12.28is negatively impacted by emerging
12.29contaminants at pollution hotspots where
12.30feminized male fish have been identified.
12.33$659,000 is from the trust fund to the
12.34University of Minnesota, Cedar Creek
12.35Natural History Area, to provide quantitative
13.1data on the ability of diverse prairie buffers to
13.2capture runoff pollutants, to produce biofuel
13.3with minimal water requirements, and to
13.4provide high carbon sequestration. This
13.5appropriation is available until June 30, 2010,
13.6at which time the project must be completed
13.7and final products delivered, unless an earlier
13.8date is specified in the work program.
13.10$500,000 is from the trust fund to the
13.11University of Minnesota in cooperation with
13.12Rural Advantage to demonstrate a water-free
13.13pyrolysis technology for converting biomass
13.14feedstock to biofuels. This appropriation
13.15is available until June 30, 2010, at which
13.16time the project must be completed and final
13.17products delivered, unless an earlier date is
13.18specified in the work program.
13.21$1,500,000 is from the trust fund to
13.22the commissioner of natural resources to
13.23accelerate the biological survey that identifies
13.24significant natural areas and systematically
13.25collects and interprets data on the distribution
13.26and ecology of native plant communities,
13.27rare plants, and rare animals.
13.29$400,000 is from the trust fund to the Board
13.30of Water and Soil Resources to accelerate
13.31the completion of soil survey mapping and
13.32Web-based data delivery in five or more
13.33counties. The new soil surveys must be done
14.1on a cost-share basis with local and federal
14.2funds.
14.5$53,000 is from the trust fund to the Board of
14.6Water and Soil Resources for an agreement
14.7with Bonestroo, Rosene, Anderlik, &
14.8Associates to develop a printed and
14.9Web-based field guide to assist the evaluation
14.10of the quality of wetland restorations in
14.11Minnesota. This wetland guide must be
14.12available for downloading free of charge on
14.13the Internet.
14.16$49,000 is from the trust fund to the
14.17Legislative-Citizen Commission on
14.18Minnesota Resources for analysis and
14.19implementation of critical state natural
14.20resource data collection and mapping.
14.22$160,000 is from the trust fund to an
14.23emerging issues account as authorized
14.24in Minnesota Statutes, section 116P.08,
14.25subdivision 4, paragraph (d).
14.27Unless otherwise provided, the amounts in
14.28this section are available until June 30, 2009,
14.29when projects must be completed and final
14.30products delivered. For acquisition of real
14.31property, the amounts in this section are
14.32available until June 30, 2010, if a binding
14.33contract is entered into by June 30, 2009,
14.34and closed not later than June 30, 2010. The
14.35amounts available in this section may be
15.1extended through an approved work program
15.2by up to one year. If a project receives
15.3a federal grant, the appropriation for the
15.4project shall be extended to equal the federal
15.5grant period.
15.8The work program for every appropriation
15.9for acquisition of a real property interest
15.10shall identify nonstate leveraged funds and a
15.11plan for expenditure of funds to maximize
15.12the benefit of the trust fund allocation. Any
15.13work program that proposes materially less
15.14leverage than the proposal shall be brought
15.15to the Legislative-Citizen Commission
15.16on Minnesota Resources for review and
15.17approval or disapproval. The final report
15.18of each project shall identify all leverage
15.19obtained. Leveraged funds shall be spent
15.20concurrently with trust fund appropriations
15.21to the extent possible.
15.23(a) Data collected by the projects funded
15.24under this section that have value for
15.25planning and management of natural
15.26resource, emergency preparedness, and
15.27infrastructure investments must conform
15.28to the enterprise technical architecture
15.29maintained by the Office of Enterprise
15.30Technology. Spatial data must conform to
15.31geographic information system guidelines
15.32and standards outlined in that architecture
15.33and adopted by the Minnesota Geographic
15.34Data Clearinghouse at the Land Management
15.35Information Center. A description of spatial
16.1data collected must adhere to Office of
16.2Enterprise Technology geographic metadata
16.3standards and must be submitted to the Land
16.4Management Information Center to be made
16.5available online through the clearinghouse
16.6and the data themselves must be accessible
16.7and free to the public unless made private
16.8under the Data Practices Act, Minnesota
16.9Statutes, chapter 13.
16.10(b) To the extent practicable, summary data
16.11and results of projects funded under this
16.12section should be readily accessible on the
16.13Internet and identified as an environment and
16.14natural resources trust fund project.
16.16It is a condition of acceptance of the
16.17appropriations in this section that any agency
16.18or entity receiving the appropriation must
16.19comply with Minnesota Statutes, chapter
16.20116P; vegetation planted must be of native
16.21ecotypes to Minnesota, and preferably
16.22of the local ecotype, unless expressly
16.23approved in the work program; parties to an
16.24easement must specify in the easement all
16.25the provisions of their agreement that are
16.26perpetual; an electronic copy of the terms
16.27of an easement acquired must be sent to the
16.28commission office; and in any acquisition of
16.29land or interest in land, priority must be given
16.30to lands with high quality natural resources
16.31or conservation lands that provide natural
16.32buffers to water resources.
17.1All agreements, grants, or contracts referred
17.2to in this section must be administered on
17.3a reimbursement basis unless otherwise
17.4provided in this section. Notwithstanding
17.5Minnesota Statutes, section 16A.41,
17.6expenditures made on or after July 1,
17.72007, or the date the work program is
17.8approved, whichever is later, are eligible for
17.9reimbursement unless otherwise provided
17.10in this section. Periodic payment must
17.11be made upon receiving documentation
17.12that the deliverable items articulated in
17.13the approved work program have been
17.14achieved, including partial achievements
17.15as evidenced by approved progress reports.
17.16Reasonable amounts may be advanced to
17.17projects to accommodate cash flow needs or
17.18match federal money. The advances must
17.19be approved as part of the work program.
17.20No expenditures for capital equipment are
17.21allowed unless expressly authorized in the
17.22project work program.
17.25A political subdivision, public or private
17.26corporation, or other entity that receives
17.27an appropriation in this section must use
17.28the appropriation in compliance with
17.29Minnesota Statutes, sections 16B.121 and
17.3016B.122, requiring the purchase of recycled,
17.31repairable, and durable materials; the
17.32purchase of uncoated paper stock; and the
17.33use of soy-based ink.
18.1A recipient to whom an appropriation is made
18.2in this section for a capital improvement
18.3project shall ensure that the project complies
18.4with the applicable energy conservation and
18.5sustainable building guidelines and standards
18.6contained in law, including Minnesota
18.7Statutes, sections 16B.325, 216C.19, and
18.8216C.20, and rules adopted thereunder.
18.9The recipient may use the energy planning,
18.10advocacy, and state energy office units of
18.11the Department of Commerce to obtain
18.12information and technical assistance on
18.13energy conservation and alternative energy
18.14development relating to the planning and
18.15construction of the capital improvement
18.16project.
18.18Structural and nonstructural facilities must
18.19meet the design standards in the federal
18.20Americans with Disability Act (ADA)
18.21accessibility guidelines.
18.23(a) The availability of the appropriations for
18.24the following projects is extended to June
18.2530, 2008:
18.26(1) Laws 2005, First Special Session
18.27chapter 1, article 2, section 11, subdivision
18.287, paragraph (j), improving impaired
18.29watersheds: conservation drainage research;
18.30(2) Laws 2005, First Special Session chapter
18.311, article 2, section 11, subdivision 8,
18.32paragraph (d), open space planning and
18.33protection; and
19.1(3) Laws 2005, First Special Session chapter
19.21, article 2, section 11, subdivision 10,
19.3paragraph (d), dairy farm digesters.
19.4(b) The availability of the appropriation for
19.5the following project is extended to June 30,
19.62009:
19.7(1) Laws 2005, First Special Session
19.8chapter 1, article 2, section 11, subdivision
19.99, paragraph (a), completing third-party
19.10certification of DNR forest lands; and
19.11(2) Laws 2005, First Special Session
19.12chapter 1, article 2, section 11, subdivision
19.1310, paragraph (e), wind to hydrogen
19.14demonstration.
19.15 Sec. 3. Minnesota Statutes 2006, section 116P.08, subdivision 5, is amended to read:
19.16 Subd. 5. Public meetings.Technical advisory committee and commission (a)
19.17Meetings of the commission, committees or subcommittees of the commission, technical
19.18advisory committees, and peer review panels must be open to the public. The commission
19.19shall attempt to meet throughout various regions of the state during each biennium. For
19.20purposes of this subdivision, a meeting occurs when a quorum is present and action
19.21is taken regarding a matter within the jurisdiction of the commission, a committee or
19.22subcommittee of the commission, a technical advisory committee, or a peer review panel.
19.23(b) For legislative members of the commission, enforcement of this subdivision is
19.24governed by section 3.055, subdivision 2. For nonlegislative members of the commission,
19.25enforcement of this subdivision is governed by section 13D.06, subdivisions 1 and 2.
1.3natural resources; modifying meeting requirements of the Legislative-Citizen
1.4Commission on Minnesota Resources;amending Minnesota Statutes 2006,
1.5section 116P.08, subdivision 5.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.7 |
Section 1. MINNESOTA RESOURCES APPROPRIATION. |
||||||
1.9agencies and for the purposes specified in this act. The appropriations are from the general
1.10fund, or another named fund, and are available for the fiscal years indicated for each
1.11purpose. The figures "2008" and "2009" used in this article mean that the appropriations
1.12listed under them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
1.13respectively. "The first year" is fiscal year 2008. "The second year" is fiscal year 2009.
1.14"The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal year ending
1.15June 30, 2007, are effective the day following final enactment.
| 1.16 |
APPROPRIATIONS |
||||||
| 1.17 |
Available for the Year |
||||||
| 1.18 |
Ending June 30 |
||||||
| 1.19 |
2008 |
2009 |
|||||
| 1.20 |
Sec. 2. MINNESOTA RESOURCES |
||||||
| 1.21 |
Subdivision 1.Total Appropriation |
$ |
23,366,000 |
$ |
-0- |
||
| 1.22 |
Appropriations by Fund |
||
| 1.23 |
2008 |
2009 |
|
| 2.1 2.2 2.3 |
Environment and Natural Resources Trust |
22,866,000 |
-0- |
| 2.4 2.5 2.6 2.7 |
State Land and Water Conservation Account (LAWCON) |
500,000 |
-0- |
2.9of the biennium. Any unencumbered balance
2.10remaining in the first year does not cancel
2.11and is available for the second year of the
2.12biennium.
| 2.13 |
Subd. 2.Definitions |
||||||
2.15environment and natural resources trust fund
2.16referred to in Minnesota Statutes, section
2.17116P.02, subdivision 6.
2.18(b) "State land and water conservation
2.19account (LAWCON)" means the state land
2.20and water conservation account in the natural
2.21resources fund referred to in Minnesota
2.22Statutes, section 116P.14.
| 2.23 |
Subd. 3.LCCMR and Contract Administration |
1,318,000 |
-0- |
||||
| 2.24 2.25 |
(a) Legislative-Citizen Commission on Minnesota Resources (LCCMR) |
||||||
2.27years 2008 and 2009 and is for administration
2.28as provided in Minnesota Statutes, section
2.29116P.09, subdivision 5.
2.30Notwithstanding Minnesota Statutes, section
2.3116A.281, the availability of up to $50,000 of
2.32the appropriation from Laws 2006, chapter
2.33243, section 19, is extended to June 30, 2008,
2.34for communications outreach.
| 2.35 |
(b) Contract Administration |
||||||
3.2commissioner of natural resources to
3.3complete contract management for duties
3.4assigned in Laws 2005, First Special Session
3.5chapter 1, article 2, section 11, subdivision
3.63, paragraph (b), and additional duties as
3.7assigned in this section.
| 3.8 |
Subd. 4.Land |
14,835,000 |
-0- |
||||
| 3.9 |
Appropriations by Fund |
||
| 3.10 3.11 3.12 |
Environment and Natural Resources Trust |
14,335,000 |
-0- |
| 3.13 |
LAWCON |
500,000 |
-0- |
| 3.14 |
(a) Forest Legacy Conservation Easements |
||||||
3.16commissioner of natural resources to acquire
3.17permanent working forest conservation
3.18easements on private forests in northern
3.19Minnesota, the Mississippi blufflands, and
3.20other areas identified through the state forest
3.21legacy program. Priority must be given to
3.22acquiring easements on private lands within
3.23existing Minnesota state forest boundaries.
3.24Any easements acquired must have a
3.25sustainable forestry practice management
3.26plan. Land subject to easements acquired
3.27under this appropriation is not eligible for
3.28payment under Minnesota Statutes, section
3.29290C.07. The commissioner must report
3.30to the Legislative-Citizen Commission
3.31on Minnesota Resources with proposed
3.32minimum standards for forest conservation
3.33easements by June 1, 2007. The commission
3.34shall consider the proposed standards as
3.35part of the work program approval by June
3.3630, 2007. No funds shall be expended until
4.1the commission has reviewed and approved
4.2minimum standards for forest conservation
4.3easements funded by the trust fund.
| 4.4 4.5 |
(b) Minnesota Habitat Corridors Partnership - Phase IV |
||||||
4.7commissioner of natural resources for
4.8acceleration of agency programs and
4.9cooperative agreements with Pheasants
4.10Forever; Minnesota Deer Hunters
4.11Association; Ducks Unlimited, Inc.; National
4.12Wild Turkey Federation; The Nature
4.13Conservancy; Minnesota Land Trust; The
4.14Trust for Public Land; Minnesota Valley
4.15National Wildlife Refuge Trust, Inc.; United
4.16States Fish and Wildlife Service; Red Lake
4.17Band of Chippewa; Leech Lake Band of
4.18Chippewa; Fond du Lac Band of Chippewa;
4.19USDA-Natural Resources Conservation
4.20Service; and the Board of Water and Soil
4.21Resources to plan, restore, and acquire
4.22fragmented landscape corridors that connect
4.23areas of quality habitat to sustain fish,
4.24wildlife, and plants. Expenditures are limited
4.25to the project corridor areas as defined in
4.26the work program. Land acquired with this
4.27appropriation must be sufficiently improved
4.28to meet at least minimum habitat and facility
4.29management standards as determined by
4.30the commissioner. This appropriation may
4.31not be used for the purchase of residential
4.32structures, unless expressly approved in the
4.33work program. All conservation easements
4.34must be perpetual and have a natural resource
4.35management plan. Any land acquired in fee
5.1title by the commissioner with money from
5.2this appropriation must be designated:
5.3(1) as an outdoor recreation unit under
5.4Minnesota Statutes, section 86A.07; or
5.5(2) as provided in Minnesota Statutes,
5.6sections 89.018, subdivision 2, paragraph (a);
5.797A.101; 97A.125; 97C.001; and 97C.011.
5.8The commissioner may similarly designate
5.9any lands acquired in less than fee title.
| 5.10 |
(c) Metro Conservation Corridors - Phase III |
||||||
5.12commissioner of natural resources for
5.13acceleration of agency programs and
5.14cooperative agreements with The Trust for
5.15Public Land; Friends of the Mississippi
5.16River; Great River Greening; Minnesota
5.17Land Trust; Minnesota Valley National
5.18Wildlife Refuge Trust, Inc.; Trout Unlimited;
5.19and Friends of the Minnesota Valley for
5.20the purposes of planning, restoring, and
5.21protecting important natural areas in the
5.22metropolitan region, as defined by Minnesota
5.23Statutes, section 473.121, subdivision 2,
5.24and portions of the surrounding counties,
5.25through grants, contracted services,
5.26conservation easements, and fee acquisition.
5.27Land acquired with this appropriation
5.28must be sufficiently improved to meet at
5.29least minimum management standards
5.30as determined by the commissioner.
5.31Expenditures are limited to the identified
5.32project corridor areas as defined in the work
5.33program. This appropriation may not be used
5.34for the purchase of residential structures,
5.35unless expressly approved in the work
6.1program. All conservation easements must
6.2be perpetual and have a natural resource
6.3management plan. Any land acquired in fee
6.4title by the commissioner of natural resources
6.5with money from this appropriation must be
6.6designated:
6.7(1) as an outdoor recreation unit under
6.8Minnesota Statutes, section 86A.07; or
6.9(2) as provided in Minnesota Statutes,
6.10sections 89.018, subdivision 2, paragraph (a);
6.1197A.101; 97A.125; 97C.001; and 97C.011.
6.12The commissioner may similarly designate
6.13any lands acquired in less than fee title.
| 6.14 6.15 |
(d) Prairie Stewardship Assistance for Private Landowners |
||||||
6.17commissioner of natural resources to develop
6.18stewardship plans and implement prairie
6.19management on private prairie lands on a
6.20cost-share basis with private or federal funds.
| 6.21 |
(e) State Park and Trail Land Acquisition |
||||||
6.23commissioner of natural resources to acquire
6.24land for state trails and in-holdings for state
6.25parks. Land acquired with this appropriation
6.26must be sufficiently improved to meet at
6.27least minimum management standards as
6.28determined by the commissioner.
| 6.29 6.30 |
(f) Metropolitan Regional Park System Land Acquisition |
||||||
6.32Metropolitan Council for subgrants for the
6.33acquisition of lands within the approved park
6.34unit boundaries of the metropolitan regional
6.35park system. This appropriation may not
7.1be used for the purchase of residential
7.2structures. Subdivision 12 applies to grants
7.3awarded in the approved work program. This
7.4appropriation must be matched by at least
7.540 percent of nonstate money and must be
7.6committed by December 31, 2007, or the
7.7appropriation cancels. This appropriation
7.8is available until June 30, 2010, at which
7.9time the project must be completed and final
7.10products delivered, unless an earlier date is
7.11specified in the work program.
| 7.12 7.13 |
(g) Nonmetropolitan Regional Parks and Natural and Scenic Area Acquisitions |
||||||
7.15commissioner of natural resources to provide
7.16matching grants to local governments for
7.17acquisition of natural and scenic areas, as
7.18provided in Minnesota Statutes, section
7.1985.019, subdivision 4a, and regional parks
7.20outside of the metropolitan area, as defined
7.21in Minnesota Statutes, section 473.121,
7.22subdivision 2. The local match required for
7.23a grant to acquire a regional park or regional
7.24outdoor recreation area is $2 of nonstate
7.25money for each $3 of state money. For the
7.26purposes of this paragraph, the match may
7.27be either cash or a qualifying land donation.
7.28Recipients may receive funding for more
7.29than one project in any given grant period.
7.30Subdivision 12 applies to grants awarded in
7.31the approved work program.
| 7.32 |
(h) LAWCON Federal Reimbursements |
||||||
7.34conservation account (LAWCON) in the
7.35natural resources fund to the commissioner of
8.1natural resources for priorities established by
8.2the commissioner for eligible state projects
8.3and administrative and planning activities
8.4consistent with Minnesota Statutes, section
8.5116P.14, and the federal Land and Water
8.6Conservation Fund Act. Subdivision 12
8.7applies to grants awarded in the approved
8.8work program. This appropriation is
8.9contingent upon receipt of the federal
8.10obligation and remains available until June
8.1130, 2010, at which time the project must
8.12be completed and final products delivered,
8.13unless an earlier date is specified in the work
8.14program.
| 8.15 8.16 |
(i) Biological Control of European Buckthorn and Garlic Mustard |
||||||
8.18commissioner of natural resources to
8.19research potential insects for biological
8.20control of invasive European buckthorn
8.21species for the third biennium and to
8.22introduce and evaluate insects for biological
8.23control of garlic mustard for the second
8.24biennium. This appropriation is available
8.25until June 30, 2010, at which time the
8.26project must be completed and final products
8.27delivered, unless an earlier date is specified
8.28in the work program.
| 8.29 8.30 |
(j) Neutralization of Reed Canary Grass Root Exudates |
||||||
8.32State University, Mankato, to assess
8.33plant-soil feedback contribution to the
8.34invasiveness of reed canary grass through
8.35identification and neutralization of inhibitory
8.36root exudates.
| 9.1 |
Subd. 5.Water Resources |
5,051,000 |
-0- |
||||
| 9.2 9.3 |
(a) Local Water Management Matching Challenge Grants |
||||||
9.5of Water and Soil Resources to accelerate
9.6the local water management challenge
9.7grant program under Minnesota Statutes,
9.8sections 103B.3361 to 103B.3369, through
9.9matching grants to implement high priority
9.10activities in state-approved comprehensive
9.11water management plans. For the purposes
9.12of this paragraph, the match must be a
9.13nonstate contribution and may be either cash
9.14or qualifying in-kind. The grants may be
9.15provided on an advance basis as specified
9.16in the work program. This appropriation
9.17is available until June 30, 2010, at which
9.18time the project must be completed and final
9.19products delivered, unless an earlier date is
9.20specified in the work program.
| 9.21 9.22 |
(b) Protection of Rare and Unique Rock Outcrop Wetlands |
||||||
9.24of Water and Soil Resources in cooperation
9.25with Renville and Redwood Soil and
9.26Water Conservation Districts for perpetual
9.27easements of unique wetland and riparian
9.28habitats associated with rock outcrops in the
9.29Minnesota River Valley.
| 9.30 9.31 |
(c) Land Retirement Effects on Minnesota River Basin Streams |
||||||
9.33second biennium to the Board of Water and
9.34Soil Resources for a cooperative agreement
9.35with the United States Geological Survey to
10.1define the relation between land retirement
10.2and water quality and biological integrity in
10.3Minnesota River subbasins and to determine
10.4if nutrient transport reductions improve
10.5habitat and biodiversity in order to enhance
10.6prioritization of future land retirements.
10.7This appropriation must be matched by an
10.8equal amount of nonstate money and must
10.9be committed by December 31, 2007, or the
10.10appropriation cancels.
| 10.11 10.12 |
(d) Demonstrating Benefits of Conservation Grasslands on Water Quality |
||||||
10.14Science Museum of Minnesota to assess the
10.15long-term benefits of conservation grasslands
10.16in reducing sediment and nutrient loads
10.17through quantitative lake sediment analysis
10.18in small watersheds with different grassland
10.19acreages. This appropriation is available
10.20until June 30, 2010, at which time the
10.21project must be completed and final products
10.22delivered, unless an earlier date is specified
10.23in the work program.
| 10.24 10.25 |
(e) Improved River Quality Monitoring Using Airborne Remote Sensing |
||||||
10.27State University, Mankato, to monitor river
10.28water quality and riparian habitat through
10.29airborne dynamic hyperspectral remote
10.30sensing on the Blue Earth River.
| 10.31 10.32 |
(f) Evaluating Riparian Timber Harvesting Guidelines - Phase III |
||||||
10.34University of Minnesota to assess the timber
10.35harvesting riparian management guidelines
11.1for postharvest impacts on terrestrial, aquatic,
11.2and wildlife habitats.
| 11.3 11.4 |
(g) Innovative Springshed Mapping for Trout Stream Management |
||||||
11.6University of Minnesota to identify and
11.7delineate supply areas and springsheds, for
11.8springs serving as coldwater sources for
11.9modern and historic trout streams, and to
11.10assess the impacts from development and
11.11groundwater appropriations.
| 11.12 11.13 |
(h) Intra-lake Zoning to Protect Sensitive Lakeshore Areas |
||||||
11.15commissioner of natural resources in
11.16cooperation with Cass County to identify
11.17sensitive shorelines of the highest priority
11.18lakes to protect water quality and near-shore
11.19habitat through improved shoreland zoning
11.20by Cass County.
| 11.21 |
(i) Water Resource Sustainability |
||||||
11.23University of Minnesota to quantify
11.24sustainable supplies of surface and
11.25groundwater by integrating surface water,
11.26vadose zone, and groundwater systems into
11.27defined hydrologic units.
| 11.28 |
(j) County Geologic Atlas Program Acceleration |
||||||
11.30University of Minnesota, Minnesota
11.31Geologic Survey, to accelerate the production
11.32of county geologic atlases that describe
11.33location, size, boundaries, and vulnerability
11.34of aquifers to enhance the protection and use
11.35of groundwater.
| 12.1 12.2 |
(k) Minnesota's Water Resources: Impacts of Climate Change - Phase II |
||||||
12.4biennium to the University of Minnesota,
12.5Natural Resources Research Institute, to
12.6quantify climate, hydrologic, and ecological
12.7variability and trends, along with economic
12.8impacts of environmental fluctuation on
12.9water resources, and to identify indicators
12.10of future climate change effects on aquatic
12.11systems. This appropriation is available until
12.12June 30, 2010, at which time the project must
12.13be completed and final products delivered,
12.14unless an earlier date is specified in the work
12.15program.
| 12.16 |
(l) Pharmaceutical and Microbiological Pollution |
||||||
12.18the University of Minnesota to
12.19develop technologies that eliminate
12.20antibiotic-resistant bacteria, hormones,
12.21and other pharmaceutical compounds from
12.22Minnesota's surface waters.
| 12.23 12.24 |
(m) Threat of Emerging Contaminants to Upper Mississippi Walleye |
||||||
12.26State University to assess whether the genetic
12.27diversity of walleye in the Upper Mississippi
12.28is negatively impacted by emerging
12.29contaminants at pollution hotspots where
12.30feminized male fish have been identified.
| 12.31 12.32 |
(n) Cedar Creek Groundwater Project using Prairie Biofuel Buffers |
||||||
12.34University of Minnesota, Cedar Creek
12.35Natural History Area, to provide quantitative
13.1data on the ability of diverse prairie buffers to
13.2capture runoff pollutants, to produce biofuel
13.3with minimal water requirements, and to
13.4provide high carbon sequestration. This
13.5appropriation is available until June 30, 2010,
13.6at which time the project must be completed
13.7and final products delivered, unless an earlier
13.8date is specified in the work program.
| 13.9 |
(o) Pyrolysis Pilot Project |
||||||
13.11University of Minnesota in cooperation with
13.12Rural Advantage to demonstrate a water-free
13.13pyrolysis technology for converting biomass
13.14feedstock to biofuels. This appropriation
13.15is available until June 30, 2010, at which
13.16time the project must be completed and final
13.17products delivered, unless an earlier date is
13.18specified in the work program.
| 13.19 |
Subd. 6.Natural Resource Information |
2,002,000 |
-0- |
||||
| 13.20 |
(a) Minnesota County Biological Survey |
||||||
13.22the commissioner of natural resources to
13.23accelerate the biological survey that identifies
13.24significant natural areas and systematically
13.25collects and interprets data on the distribution
13.26and ecology of native plant communities,
13.27rare plants, and rare animals.
| 13.28 |
(b) Soil Survey |
||||||
13.30of Water and Soil Resources to accelerate
13.31the completion of soil survey mapping and
13.32Web-based data delivery in five or more
13.33counties. The new soil surveys must be done
14.1on a cost-share basis with local and federal
14.2funds.
| 14.3 14.4 |
(c) Field Guide for Evaluating Vegetation of Restored Wetlands |
||||||
14.6Water and Soil Resources for an agreement
14.7with Bonestroo, Rosene, Anderlik, &
14.8Associates to develop a printed and
14.9Web-based field guide to assist the evaluation
14.10of the quality of wetland restorations in
14.11Minnesota. This wetland guide must be
14.12available for downloading free of charge on
14.13the Internet.
| 14.14 14.15 |
(d) Natural Resource Data Collection and Mapping |
||||||
14.17Legislative-Citizen Commission on
14.18Minnesota Resources for analysis and
14.19implementation of critical state natural
14.20resource data collection and mapping.
| 14.21 |
Subd. 7.Emerging Issues Account |
160,000 |
-0- |
||||
14.23emerging issues account as authorized
14.24in Minnesota Statutes, section 116P.08,
14.25subdivision 4, paragraph (d).
| 14.26 |
Subd. 8.Availability of Appropriations |
||||||
14.28this section are available until June 30, 2009,
14.29when projects must be completed and final
14.30products delivered. For acquisition of real
14.31property, the amounts in this section are
14.32available until June 30, 2010, if a binding
14.33contract is entered into by June 30, 2009,
14.34and closed not later than June 30, 2010. The
14.35amounts available in this section may be
15.1extended through an approved work program
15.2by up to one year. If a project receives
15.3a federal grant, the appropriation for the
15.4project shall be extended to equal the federal
15.5grant period.
| 15.6 15.7 |
Subd. 9.Leveraged Funds for Real Property Interest Requirement |
||||||
15.9for acquisition of a real property interest
15.10shall identify nonstate leveraged funds and a
15.11plan for expenditure of funds to maximize
15.12the benefit of the trust fund allocation. Any
15.13work program that proposes materially less
15.14leverage than the proposal shall be brought
15.15to the Legislative-Citizen Commission
15.16on Minnesota Resources for review and
15.17approval or disapproval. The final report
15.18of each project shall identify all leverage
15.19obtained. Leveraged funds shall be spent
15.20concurrently with trust fund appropriations
15.21to the extent possible.
| 15.22 |
Subd. 10.Data Availability Requirements |
||||||
15.24under this section that have value for
15.25planning and management of natural
15.26resource, emergency preparedness, and
15.27infrastructure investments must conform
15.28to the enterprise technical architecture
15.29maintained by the Office of Enterprise
15.30Technology. Spatial data must conform to
15.31geographic information system guidelines
15.32and standards outlined in that architecture
15.33and adopted by the Minnesota Geographic
15.34Data Clearinghouse at the Land Management
15.35Information Center. A description of spatial
16.1data collected must adhere to Office of
16.2Enterprise Technology geographic metadata
16.3standards and must be submitted to the Land
16.4Management Information Center to be made
16.5available online through the clearinghouse
16.6and the data themselves must be accessible
16.7and free to the public unless made private
16.8under the Data Practices Act, Minnesota
16.9Statutes, chapter 13.
16.10(b) To the extent practicable, summary data
16.11and results of projects funded under this
16.12section should be readily accessible on the
16.13Internet and identified as an environment and
16.14natural resources trust fund project.
| 16.15 |
Subd. 11.Project Requirements |
||||||
16.17appropriations in this section that any agency
16.18or entity receiving the appropriation must
16.19comply with Minnesota Statutes, chapter
16.20116P; vegetation planted must be of native
16.21ecotypes to Minnesota, and preferably
16.22of the local ecotype, unless expressly
16.23approved in the work program; parties to an
16.24easement must specify in the easement all
16.25the provisions of their agreement that are
16.26perpetual; an electronic copy of the terms
16.27of an easement acquired must be sent to the
16.28commission office; and in any acquisition of
16.29land or interest in land, priority must be given
16.30to lands with high quality natural resources
16.31or conservation lands that provide natural
16.32buffers to water resources.
| 16.33 16.34 |
Subd. 12.Payment Conditions and Capital Equipment Expenditures |
||||||
17.2to in this section must be administered on
17.3a reimbursement basis unless otherwise
17.4provided in this section. Notwithstanding
17.5Minnesota Statutes, section 16A.41,
17.6expenditures made on or after July 1,
17.72007, or the date the work program is
17.8approved, whichever is later, are eligible for
17.9reimbursement unless otherwise provided
17.10in this section. Periodic payment must
17.11be made upon receiving documentation
17.12that the deliverable items articulated in
17.13the approved work program have been
17.14achieved, including partial achievements
17.15as evidenced by approved progress reports.
17.16Reasonable amounts may be advanced to
17.17projects to accommodate cash flow needs or
17.18match federal money. The advances must
17.19be approved as part of the work program.
17.20No expenditures for capital equipment are
17.21allowed unless expressly authorized in the
17.22project work program.
| 17.23 17.24 |
Subd. 13.Purchase of Recycled and Recyclable Materials |
||||||
17.26corporation, or other entity that receives
17.27an appropriation in this section must use
17.28the appropriation in compliance with
17.29Minnesota Statutes, sections 16B.121 and
17.3016B.122, requiring the purchase of recycled,
17.31repairable, and durable materials; the
17.32purchase of uncoated paper stock; and the
17.33use of soy-based ink.
| 17.34 17.35 |
Subd. 14.Energy Conservation and Sustainable Building Guidelines |
||||||
18.2in this section for a capital improvement
18.3project shall ensure that the project complies
18.4with the applicable energy conservation and
18.5sustainable building guidelines and standards
18.6contained in law, including Minnesota
18.7Statutes, sections 16B.325, 216C.19, and
18.8216C.20, and rules adopted thereunder.
18.9The recipient may use the energy planning,
18.10advocacy, and state energy office units of
18.11the Department of Commerce to obtain
18.12information and technical assistance on
18.13energy conservation and alternative energy
18.14development relating to the planning and
18.15construction of the capital improvement
18.16project.
| 18.17 |
Subd. 15.Accessibility |
||||||
18.19meet the design standards in the federal
18.20Americans with Disability Act (ADA)
18.21accessibility guidelines.
| 18.22 |
Subd. 16.Carryforward |
||||||
18.24the following projects is extended to June
18.2530, 2008:
18.26(1) Laws 2005, First Special Session
18.27chapter 1, article 2, section 11, subdivision
18.287, paragraph (j), improving impaired
18.29watersheds: conservation drainage research;
18.30(2) Laws 2005, First Special Session chapter
18.311, article 2, section 11, subdivision 8,
18.32paragraph (d), open space planning and
18.33protection; and
19.1(3) Laws 2005, First Special Session chapter
19.21, article 2, section 11, subdivision 10,
19.3paragraph (d), dairy farm digesters.
19.4(b) The availability of the appropriation for
19.5the following project is extended to June 30,
19.62009:
19.7(1) Laws 2005, First Special Session
19.8chapter 1, article 2, section 11, subdivision
19.99, paragraph (a), completing third-party
19.10certification of DNR forest lands; and
19.11(2) Laws 2005, First Special Session
19.12chapter 1, article 2, section 11, subdivision
19.1310, paragraph (e), wind to hydrogen
19.14demonstration.
19.15 Sec. 3. Minnesota Statutes 2006, section 116P.08, subdivision 5, is amended to read:
19.16 Subd. 5. Public meetings.
19.17Meetings of the commission, committees or subcommittees of the commission, technical
19.18advisory committees, and peer review panels must be open to the public. The commission
19.19shall attempt to meet throughout various regions of the state during each biennium. For
19.20purposes of this subdivision, a meeting occurs when a quorum is present and action
19.21is taken regarding a matter within the jurisdiction of the commission, a committee or
19.22subcommittee of the commission, a technical advisory committee, or a peer review panel.
19.23(b) For legislative members of the commission, enforcement of this subdivision is
19.24governed by section 3.055, subdivision 2. For nonlegislative members of the commission,
19.25enforcement of this subdivision is governed by section 13D.06, subdivisions 1 and 2.