1.1A bill for an act1.2relating to state government; appropriating money for environment and 1.3natural resources; providing for repayment of certain appropriations from the 1.4environment and natural resources trust fund;amending Minnesota Statutes 1.52006, section 116P.10.1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7Section 1. MINNESOTA RESOURCES APPROPRIATION.

1.8    The 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, 2008, are effective the day following final enactment.

1.16APPROPRIATIONS1.17Available for the Year1.18Ending June 301.1920082009

1.20Sec. 2. MINNESOTA RESOURCES.

1.21Subdivision 1.Total Appropriation$86,000$22,866,000

1.22Appropriations by Fund1.23200820092.12.22.3Environment and Natural Resources Trust-0-22,866,0002.42.5Great Lakes Protection Account86,000-0-

2.6Appropriations are available for two 2.7years beginning July 1, 2008, unless 2.8otherwise stated in the appropriation. Any 2.9unencumbered balance remaining in the first 2.10year does not cancel and is available for the 2.11second year.

2.12Subd. 2.Definitions

2.13(a) "Trust fund" means the Minnesota 2.14environment and natural resources trust fund 2.15referred to in Minnesota Statutes, section 2.16116P.02, subdivision 6.2.17(b) "Great Lakes protection account" means 2.18the account referred to in Minnesota Statutes, 2.19section 116Q.02.

2.20Subd. 3.Land and Habitat-0-15,817,000

2.21Appropriations by Fund2.22Trust Fund-0-15,817,000

2.232.24(a) Metro Conservation Corridors (MeCC) ��� Phase IV

2.25$3,150,000 is from the trust fund to the 2.26commissioner of natural resources for 2.27the fourth appropriation for acceleration 2.28of agency programs and cooperative 2.29agreements. Of this appropriation, 2.30$1,915,000 is for Department of Natural 2.31Resources agency programs and $1,235,000 2.32is for agreements as follows: $475,000 with 2.33the Trust for Public Land; $92,000 with 2.34Friends of the Mississippi River; $111,000 2.35with Great River Greening; $225,000 with 3.1Minnesota Land Trust; $225,000 with 3.2Minnesota Valley National Wildlife Refuge 3.3Trust, Inc.; and $107,000 with Friends of 3.4the Minnesota Valley for the purposes of 3.5planning, restoring, and protecting important 3.6natural areas in the metropolitan area, as 3.7defined under Minnesota Statutes, section 3.8473.121, subdivision 2, and portions of 3.9the surrounding counties, through grants, 3.10contracted services, conservation easements, 3.11and fee title acquisition. Land acquired 3.12with this appropriation must be sufficiently 3.13improved to meet at least minimum 3.14management standards as determined by 3.15the commissioner of natural resources. 3.16Expenditures are limited to the identified 3.17project corridor areas as defined in the work 3.18program. This appropriation may not be used 3.19for the purchase of residential structures, 3.20unless expressly approved in the work 3.21program. All conservation easements must 3.22be perpetual and have a natural resource 3.23management plan. Any land acquired in fee 3.24title by the commissioner of natural resources 3.25with money from this appropriation must 3.26be designated as an outdoor recreation unit 3.27under Minnesota Statutes, section 86A.07. 3.28The commissioner may similarly designate 3.29any lands acquired in less than fee title. A 3.30list of proposed restorations and fee title 3.31and easement acquisitions must be provided 3.32as part of the required work program. All 3.33funding for conservation easements must 3.34include a long-term stewardship plan and 3.35funding for monitoring and enforcing the 3.36agreement.

4.14.2(b) Vermillion River Corridor Acquisition and Restoration in Dakota County

4.3$400,000 is from the trust fund to the 4.4commissioner of natural resources for 4.5an agreement with Dakota County to 4.6develop and implement a comprehensive 4.7and integrated water quality, wildlife 4.8habitat, and outdoor recreational corridor 4.9plan in the Vermillion River watershed 4.10through easement and fee title acquisition 4.11and restoration. At least 90 percent of 4.12this appropriation must be spent on the 4.13implementation of the comprehensive plan. 4.14A list of proposed restorations and fee title 4.15and easement acquisitions must be provided 4.16as part of the required work program. All 4.17funding for conservation easements must 4.18include a long-term stewardship plan and 4.19funding for monitoring and enforcing the 4.20agreement. This appropriation is available 4.21until June 30, 2011, at which time the 4.22project must be completed and final products 4.23delivered, unless an earlier date is specified 4.24in the work program. On January 2, 2009, the 4.25unobligated balance of the appropriation for 4.26Dakota County wildlife habitat acquisition 4.27and development in Laws 1999, chapter 231, 4.28section 16, subdivision 13, paragraph (m), is 4.29transferred and added to this appropriation.

4.304.31(c) Minnesota Habitat Conservation Partnership ��� Phase V

4.32$3,150,000 is from the trust fund for the 4.33fifth appropriation for acceleration of agency 4.34programs and cooperative agreements. Of 4.35this appropriation, $250,000 is to the Board 4.36of Water and Soil Resources; $733,500 is 5.1to the commissioner of natural resources 5.2for agency programs; and $2,166,500 is 5.3for agreements as follows: $420,000 with 5.4Pheasants Forever; $30,000 with Minnesota 5.5Deer Hunters Association; $597,500 with 5.6Ducks Unlimited, Inc.; $85,000 with 5.7National Wild Turkey Federation; $317,000 5.8with the Nature Conservancy; $210,000 5.9with Minnesota Land Trust; $350,000 with 5.10the Trust for Public Land; $50,000 with 5.11Minnesota Valley National Wildlife Refuge 5.12Trust, Inc.; $30,000 with U. S. Fish and 5.13Wildlife Service; $30,000 with the Leech 5.14Lake Band of Chippewa; $27,000 with 5.15the Fond du Lac Band of Chippewa; and 5.16$20,000 with Friends of Detroit Lakes 5.17Watershed Management District to plan, 5.18restore, and acquire fragmented landscape 5.19corridors that connect areas of quality habitat 5.20to sustain fish, wildlife, and plants. The 5.21USDA-Natural Resources Conservation 5.22Service is a cooperating partner in the 5.23appropriation. Expenditures are limited to 5.24the project corridor areas as defined in the 5.25work program. Land acquired with this 5.26appropriation must be sufficiently improved 5.27to meet at least minimum habitat and facility 5.28management standards as determined by 5.29the commissioner of natural resources. 5.30This appropriation may not be used for the 5.31purchase of residential structures, unless 5.32expressly approved in the work program. All 5.33conservation easements must be perpetual 5.34and have a natural resource management 5.35plan. Any land acquired in fee title by the 5.36commissioner of natural resources with 6.1money from this appropriation must be 6.2designated as an outdoor recreation unit 6.3under Minnesota Statutes, section 86A.07. 6.4The commissioner may similarly designate 6.5any lands acquired in less than fee title. A 6.6list of proposed restorations and fee title 6.7and easement acquisitions must be provided 6.8as part of the required work program. All 6.9funding for conservation easements must 6.10include a long-term stewardship plan and 6.11funding for monitoring and enforcing the 6.12agreement.

6.13(d) Preserving the Avon Hills Landscape

6.14$337,000 is from the trust fund to the 6.15commissioner of natural resources for 6.16a grant to Saint John's Arboretum and 6.17University for community outreach, in 6.18cooperation with the Minnesota Land Trust; 6.19conservation easements, in cooperation 6.20with the Minnesota Land Trust; and local 6.21ordinance reviews and recommendations for 6.22the Avon Hills landscape in Stearns County. 6.23A list of proposed fee title and easement 6.24acquisitions must be provided as part of 6.25the required work program. All funding 6.26for conservation easements must include a 6.27long-term stewardship plan and appropriate 6.28funding for monitoring. This appropriation 6.29is available until June 30, 2011, at which 6.30time the project must be completed and final 6.31products delivered, unless an earlier date is 6.32specified in the work program.

6.336.34(e) Minnesota River Valley Green Corridor Land Protection

7.1$1,000,000 is from the trust fund to the 7.2commissioner of natural resources for an 7.3agreement with the Southwest Initiative 7.4Foundation for planning, acquisition, and 7.5easements in the Minnesota River Valley. 7.6The priority for acquisition must be on 7.7lands with native prairies, unique geological 7.8features, fens, and wetlands not currently 7.9under a permanent protection program. A 7.10list of proposed restorations and fee title 7.11and easement acquisitions must be provided 7.12as part of the required work program. All 7.13funding for conservation easements must 7.14include a long-term stewardship plan and 7.15funding for monitoring and enforcing the 7.16agreement. No more than ten percent may be 7.17spent on planning and management.

7.18(f) Scientific and Natural Area Acquisition

7.19$1,000,000 is from the trust fund to the 7.20commissioner of natural resources for 7.21acquisition of scientific and natural areas in 7.22the southern two-thirds of Minnesota. A list 7.23of proposed acquisitions must be provided as 7.24part of the required work program.

7.25(g) State Land Acquisition Consolidation

7.26$500,000 is from the trust fund to the 7.27commissioner of natural resources to 7.28consolidate state land ownership through 7.29acquisition and sale to reduce forest 7.30fragmentation and enhance management 7.31efficiency. A list of proposed fee title and 7.32easement acquisitions must be provided 7.33as part of the required work program. All 7.34funding for conservation easements must 7.35include a long-term stewardship plan and 8.1funding for monitoring and enforcing the 8.2agreement. Minnesota Statutes, sections 8.394.16 and 94.165, apply to the proceeds 8.4from the sale of land. For this appropriation, 8.5the Department of Natural Resources must 8.6establish a separate revolving account under 8.7Minnesota Statutes, section 94.165, for the 8.8use and accounting of trust fund money. This 8.9appropriation is available until June 30, 2011, 8.10at which time the project must be completed 8.11and final products delivered, unless an earlier 8.12date is specified in the work program. 

8.13(h) State Park and Trail Land Acquisition 

8.14$1,500,000 is from the trust fund to the 8.15commissioner of natural resources to acquire 8.16land for designated state trail alignments and 8.17in-holdings for state parks. Land acquired 8.18with this appropriation must be sufficiently 8.19improved to meet at least minimum 8.20management standards as determined by the 8.21commissioner of natural resources. A list of 8.22proposed acquisitions must be provided as 8.23part of the required work program.

8.248.25(i) Metropolitan Regional Park System Land Acquisition

8.26$1,500,000 is from the trust fund to the 8.27Metropolitan Council for subgrants for the 8.28acquisition of lands within the approved park 8.29unit boundaries of the metropolitan regional 8.30park system. This appropriation may not 8.31be used for the purchase of residential 8.32structures. Subdivision 12 applies to grants 8.33awarded in the approved work program. 8.34A list of proposed fee title and easement 8.35acquisitions must be provided as part of 9.1the required work program. All funding 9.2for conservation easements must include a 9.3long-term stewardship plan and funding for 9.4monitoring and enforcing the agreement. 9.5This appropriation must be matched by at 9.6least 40 percent of nonstate money and must 9.7be committed by December 31, 2008, or the 9.8appropriation cancels. This appropriation 9.9is available until June 30, 2011, at which 9.10time the project must be completed and final 9.11products delivered, unless an earlier date is 9.12specified in the work program.

9.139.14(j) Local Initiative Grants ��� Regional Parks and Natural Areas

9.15$1,000,000 is from the trust fund to the 9.16commissioner of natural resources for a grant 9.17to Wright County for land acquisition for a 9.18proposed regional park on the Bertram Chain 9.19of Lakes in Wright County. If the acquisition 9.20for a proposed regional park on the Bertram 9.21Chain of Lakes is not completed by June 30, 9.222010, then the appropriation is available for 9.23matching grants to other local governments 9.24for acquisition of regional parks and natural 9.25and scenic areas as provided in Minnesota 9.26Statutes, section 85.019, subdivisions 2, 9.27paragraph (b), and 4a. This appropriation 9.28is available until June 30, 2011, at which 9.29time the project must be completed and final 9.30products delivered, unless an earlier date is 9.31specified in the work program.

9.329.33(k) Conservation Partners/Environmental Partnerships Matching Grant Program

9.34$150,000 is from the trust fund to the 9.35commissioner of natural resources to provide 9.36matching grants to local governments and 10.1private, nonprofit organizations for projects 10.2that enhance fish, wildlife, and native plant 10.3habitat, provide related research or surveys, 10.4and protect and enhance the state's natural 10.5environment.

10.6(l) County Trail System Design

10.7$175,000 is from the trust fund to the Board 10.8of Regents of the University of Minnesota to 10.9design recreational trail systems for Lyon, 10.10Brown, Redwood, and Renville Counties.

10.1110.12(m) Accelerated Prairie Management, Survey, Acquisition, and Evaluation

10.13$1,250,000 is from the trust fund to the 10.14commissioner of natural resources to provide 10.15for a rapid assessment of remaining native 10.16prairie, accelerate the Minnesota county 10.17biological survey in the prairie region, 10.18provide technical assistance to private prairie 10.19landowners, accelerate management of 10.20public and private prairie lands, evaluate and 10.21monitor prairie conditions and associated 10.22wildlife, and acquire prairie natural areas, 10.23prairie bank easements, and buffers. At 10.24least $475,000 of this appropriation must 10.25be spent on acquisition. A list of proposed 10.26restorations and fee title and easement 10.27acquisitions must be provided as part of 10.28the required work program. All funding 10.29for conservation easements must include a 10.30long-term stewardship plan and funding for 10.31monitoring and enforcing the agreement.

10.32(n) Prairie Ecosystem Restoration

10.33$80,000 is from the trust fund to the 10.34Board of Water and Soil Resources for an 10.35agreement with the Martin County Soil and 11.1Water Conservation District to collect and 11.2propagate local ecotype native plant materials 11.3from prairie remnants for establishment on 11.4lands with perpetual conservation protection 11.5in Martin County. If the Martin County Soil 11.6and Water Conservation District sells seeds 11.7or plants that were collected or propagated 11.8using money from this appropriation, the net 11.9proceeds of the sale must be repaid to the 11.10trust fund.

11.11(o) Best Practices for Native Prairie Management

11.12$45,000 is from the trust fund to the 11.13commissioner of natural resources for an 11.14agreement with the Minnesota Recreation and 11.15Park Association to provide information on 11.16best practices for native prairie management 11.17through field demonstrations, regional 11.18workshops, and the Web.

11.1911.20(p) Impacts of Climate Change and CO2 on Prairie and Forest Production

11.21$330,000 is from the trust fund to the Board 11.22of Regents of the University of Minnesota 11.23to accelerate research simulating future 11.24changing CO2, rainfall, and temperature 11.25level impacts on biomass production, carbon 11.26sequestration, and water quality in prairie 11.27and tree species. This appropriation is 11.28available until June 30, 2011, at which time 11.29the project must be completed and final 11.30products delivered, unless an earlier date is 11.31specified in the work program.

11.3211.33(q) Biofuel Production and Wildlife Conservation in Working Prairies

11.34$250,000 is from the trust fund to the Board 11.35of Regents of the University of Minnesota to 12.1research and evaluate methods of managing 12.2diverse working prairies for wildlife and 12.3renewable bioenergy production. On June 12.41, 2008, the $500,000 appropriation for the 12.5Phillips biomass community energy system 12.6under Laws 2006, chapter 243, section 20, 12.7subdivision 3, is transferred and added to 12.8this appropriation. This appropriation is 12.9available until June 30, 2011, at which time 12.10the project must be completed and final 12.11products delivered, unless an earlier date is 12.12specified in the work program.

12.13Subd. 4.Water Resources86,0003,480,000

12.14Appropriations by Fund12.15Trust Fund-0-3,480,00012.1612.17Great Lakes Protection Account86,000-0-

12.1812.19(a) Future of Energy and Minnesota Water Resources

12.20$270,000 is from the trust fund to the Board 12.21of Regents of the University of Minnesota to 12.22spatially model water demand in Minnesota 12.23under differing energy production scenarios 12.24and develop a Web-based tool for comparing 12.25policy scenarios impacts on water resources 12.26in the state.

12.2712.28(b) Accelerating Plans for Integrated Control of the Common Carp

12.29$550,000 is from the trust fund to the Board 12.30of Regents of the University of Minnesota 12.31to accelerate research on new approaches 12.32to control the invasive common carp. This 12.33appropriation is available until June 30, 2011, 12.34at which time the project must be completed 12.35and final products delivered, unless an earlier 12.36date is specified in the work program.

13.113.2(c) Testing Pesticides and Degradates in Public Drinking Water

13.3$368,000 is from the trust fund to the 13.4commissioner of agriculture, in cooperation 13.5with the commissioner of health, to purchase 13.6equipment and supplies to accelerate the 13.7sampling of public water supplies for the 13.8presence and concentration of pesticides and 13.9their degradates for health risk assessments.

13.1013.11(d) Assessment of Riparian Buffers in the Whitewater River Watershed

13.12$52,000 is from the trust fund to the Board of 13.13Water and Soil Resources for an agreement 13.14with the Whitewater Joint Powers Board to 13.15inventory streams and adjacent land use and 13.16survey riparian landowners to assist in the 13.17prioritization of restoration efforts to improve 13.18water quality, habitat, and future enforcement 13.19of riparian buffers in the southeast ten-county 13.20region of the Southeast Minnesota Water 13.21Resources Board.

13.2213.23(e) Intralake Zoning to Protect Sensitive Lakeshore Areas

13.24$125,000 is from the trust fund to the 13.25commissioner of natural resources for the 13.26second appropriation for a cooperative 13.27effort with Cass County to identify sensitive 13.28shorelines for the highest priority lakes and 13.29develop innovative zoning in Cass County to 13.30protect water quality and near-shore habitat. 13.31This appropriation is available until June 13.3230, 2011, at which time the project must 13.33be completed and final products delivered, 13.34unless an earlier date is specified in the work 13.35program.

14.1(f) Native Shoreland Buffer Incentives Program

14.2$225,000 is from the trust fund to the 14.3commissioner of natural resources to 14.4accelerate the native shoreland buffer 14.5incentive program through market research, 14.6technical assistance, and competitive grants 14.7to local governments for creating and 14.8implementing shoreland buffer incentive 14.9programs. Grant recipients must have current 14.10shoreline management requirements and 14.11effective enforcement. This appropriation 14.12is available until June 30, 2011, at which 14.13time the project must be completed and final 14.14products delivered, unless an earlier date is 14.15specified in the work program.

14.1614.17(g) Southeast Minnesota Stream Restoration Projects

14.18$240,000 is from the trust fund to the 14.19commissioner of natural resources for an 14.20agreement with Trout Unlimited to accelerate 14.21stream bank stabilization projects on at least 14.22six miles of streams through restoration, 14.23providing technical assistance, and 14.24conducting workshops. This appropriation 14.25is available until June 30, 2011, at which 14.26time the project must be completed and final 14.27products delivered, unless an earlier date is 14.28specified in the work program.

14.2914.30(h) South-Central Minnesota Groundwater Monitoring and County Geologic Atlases

14.31$1,600,000 is from the trust fund for 14.32collection and interpretation of subsurface 14.33geological information and acceleration of 14.34the county geologic atlas program. $706,000 14.35of this appropriation is to the Board of 15.1Regents of the University of Minnesota 15.2for the Geological Survey to begin county 15.3geologic atlases in three counties. $894,000 15.4of this appropriation is to the commissioner 15.5of natural resources to investigate the 15.6physical and recharge characteristics of 15.7the Mt. Simon aquifer. This appropriation 15.8represents a continuing effort to complete 15.9the county geologic atlases throughout the 15.10state. This appropriation is available until 15.11June 30, 2011, at which time the project must 15.12be completed and final products delivered, 15.13unless an earlier date is specified in the work 15.14program.

15.15(i) Lake Superior Research

15.16$86,000 is from the Great Lakes protection 15.17account to the Board of Regents of the 15.18University of Minnesota for the Large Lakes 15.19Observatory for research on Lake Superior 15.20waters. This appropriation is added to Laws 15.212006, chapter 243, section 20, subdivision 6, 15.22Lake Superior research. This appropriation 15.23is effective the day following final enactment 15.24and is available until June 30, 2011, at which 15.25time the project must be completed and final 15.26products delivered, unless an earlier date is 15.27specified in the work program.

15.28(j) Eurasian Water Milfoil Control Research

15.29$50,000 is from the trust fund to the Board 15.30of Regents of the University of Minnesota 15.31to accelerate research on new approaches to 15.32control Eurasian water milfoil to be tested 15.33on Green Lake in Kandiyohi County. Up to 15.34$50,000 in additional funds from nonstate 15.35sources may be used for this study. This 16.1appropriation is available until June 30, 2011, 16.2at which time the project must be completed 16.3and final products delivered, unless an earlier 16.4date is specified in the work program.

16.5Subd. 5.Natural Resource Information-0-2,365,000

16.6Appropriations by Fund16.7Trust Fund-0-2,365,000

16.816.9(a) Updating the National Wetlands Inventory for Minnesota

16.10$550,000 is from the trust fund to the 16.11commissioner of natural resources to begin 16.12updating the National Wetlands Inventory 16.13through standards development, mapping, 16.14training, and imagery acquisition. This is 16.15the first phase of an overall effort to update 16.16the inventory statewide. This appropriation 16.17is available until June 30, 2011, at which 16.18time the project must be completed and final 16.19products delivered, unless an earlier date is 16.20specified in the work program.

16.21(b) Soil Survey

16.22$400,000 is from the trust fund to the Board 16.23of Water and Soil Resources for soil survey 16.24mapping and interpretation efforts in areas of 16.25the state, including Crow Wing, Pine, Cook, 16.26Lake, and Isanti Counties, and to accelerate 16.27the delivery of soils data through the Internet 16.28as a Web-based soil survey. The new soil 16.29surveys must be done on a cost-share basis 16.30with local and federal funds.

16.3116.32(c) Updating Precipitation Intensities for Runoff Estimation and Infrastructure Designs

16.33$100,000 is from the trust fund to the 16.34commissioner of the Pollution Control 16.35Agency for a cooperative agreement with 17.1the National Oceanic and Atmospheric 17.2Administration to partially fund a multistate 17.3effort to obtain updated climate change 17.4related rainfall frequencies to enhance 17.5engineering of storm water conveyance and 17.6treatment systems and roads. The acquired 17.7data shall be distributed free of charge. This 17.8appropriation is available until June 30, 2011, 17.9at which time the project must be completed 17.10and final products delivered, unless an earlier 17.11date is specified in the work program.

17.12(d) Minnesota Breeding Bird Atlas

17.13$270,000 is from the trust fund to develop a 17.14statewide survey of Minnesota breeding bird 17.15distribution and create related publications, 17.16including a book and online atlas with 17.17distribution maps and breeding status. 17.18Of this appropriation, $169,000 is to the 17.19commissioner of natural resources for an 17.20agreement with Audubon Minnesota and 17.21$101,000 is to the Board of Regents of the 17.22University of Minnesota for the Natural 17.23Resources Research Institute. The atlas must 17.24be available for downloading on the Internet 17.25free of charge.

17.26(e) Restorable Wetlands Inventory

17.27$245,000 is from the trust fund to the 17.28commissioner of natural resources for an 17.29agreement with Ducks Unlimited, Inc., 17.30to continue the inventory, mapping, and 17.31digitizing of drained restorable wetlands in 17.32the southwest prairie region of Minnesota. 17.33This appropriation is available until June 17.3430, 2011, at which time the project must 17.35be completed and final products delivered, 18.1unless an earlier date is specified in the work 18.2program.

18.318.4(f) Wildlife Disease Data Surveillance and Analysis

18.5$100,000 is from the trust fund to the Board 18.6of Regents of the University of Minnesota 18.7for the Raptor Center to develop a GIS-based 18.8database that catalogs symptoms and 18.9conditions observed in injured wildlife.

18.1018.11(g) Conservation Easement Stewardship, Oversight, and Maintenance

18.12$180,000 is from the trust fund to the Board 18.13of Water and Soil Resources to enhance 18.14long-term stewardship, oversight, and 18.15maintenance of conservation easements 18.16held by the board and to update the current 18.17easement database. This effort must be 18.18done in cooperation with the Department 18.19of Natural Resources. This appropriation 18.20is available until June 30, 2011, at which 18.21time the project must be completed and final 18.22products delivered, unless an earlier date is 18.23specified in the work program.

18.2418.25(h) Conservation Easement Stewardship and Enforcement Program Plan

18.26$520,000 is from the trust fund to the 18.27commissioner of natural resources to 18.28inventory and digitize the department's 18.29conservation easements and prepare a 18.30plan for monitoring, stewardship, and 18.31enforcement. This effort must be done in 18.32cooperation with the Board of Water and Soil 18.33Resources. This appropriation is available 18.34until June 30, 2011, at which time the 18.35project must be completed and final products 19.1delivered, unless an earlier date is specified 19.2in the work program.

19.3Subd. 6.Environmental Education-0-1,099,000

19.4Appropriations by Fund19.5Trust Fund-0-1,099,000

19.619.7(a) Waters of Minnesota Documentary on Watersheds

19.8$349,000 is from the trust fund to the 19.9Board of Regents of the University of 19.10Minnesota for the Bell Museum of Natural 19.11History to begin the development of an 19.12educational documentary television series on 19.13the waters of Minnesota designed to promote 19.14watershed understanding and citizen action 19.15in protecting, restoring, and conserving water 19.16resources. This appropriation is available 19.17until June 30, 2011, at which time the 19.18project must be completed and final products 19.19delivered, unless an earlier date is specified 19.20in the work program.

19.2119.22(b) Global Warming - Reducing Carbon Footprint of Minnesota Schools

19.23$750,000 is from the trust fund to the 19.24commissioner of the Pollution Control 19.25Agency to provide student-focused grants to 19.26high schools, colleges, and universities to 19.27identify their carbon footprints and develop 19.28and implement innovative plans to reduce 19.29carbon emissions. This appropriation is 19.30available until June 30, 2011, at which time 19.31the project must be completed and final 19.32products delivered, unless an earlier date is 19.33specified in the work program.

19.34Subd. 7.Emerging Issues Account-0-105,000

20.1$105,000 is from the trust fund for an 20.2emerging issues account as authorized 20.3under Minnesota Statutes, section 116P.08, 20.4subdivision 4, paragraph (d).

20.5Subd. 8.Availability of Appropriations

20.6Unless otherwise provided, the amounts in 20.7this section are available until June 30, 2010, 20.8when projects must be completed and final 20.9products delivered. For acquisition of real 20.10property, the amounts in this section are 20.11available until June 30, 2011, if a binding 20.12contract is entered into by June 30, 2010, 20.13and closed not later than June 30, 2011. The 20.14time period for the amounts available in 20.15this section may be extended by up to one 20.16year through an approved work program. If 20.17a project receives a federal grant, the time 20.18period of the appropriation is extended to 20.19equal the federal grant period.

20.2020.21Subd. 9.Leveraged Funds for Real Property Interest Requirement

20.22The work program for every appropriation 20.23under this section for acquisition of a real 20.24property interest shall identify nonstate 20.25leveraged funds and a plan for expenditure of 20.26funds to maximize the benefit of the trust fund 20.27allocation. Any work program that proposes 20.28materially less leverage than the proposal 20.29shall be brought to the Legislative-Citizen 20.30Commission on Minnesota Resources for 20.31review and approval or disapproval. The 20.32final report of each project shall identify 20.33all leverage obtained. Leveraged funds 20.34shall be spent concurrently with trust fund 20.35appropriations to the extent possible.

21.1Subd. 10.Data Availability Requirements

21.2Data collected by the projects funded under 21.3this section that have value for planning and 21.4management of natural resource, emergency 21.5preparedness, and infrastructure investments 21.6must conform to the enterprise information 21.7architecture developed by the Office of 21.8Enterprise Technology. Spatial data must 21.9conform to geographic information system 21.10guidelines and standards outlined in that 21.11architecture and adopted by the Minnesota 21.12Geographic Data Clearinghouse at the 21.13Land Management Information Center. A 21.14description of these data that adheres to the 21.15Office of Enterprise Technology geographic 21.16metadata standards must be submitted to 21.17the Land Management Information Center 21.18to be made available online through the 21.19clearinghouse and the data must be accessible 21.20and free to the public unless made private 21.21under the Data Practices Act, Minnesota 21.22Statutes, chapter 13.21.23To the extent practicable, summary data and 21.24results of projects funded under this section 21.25should be readily accessible on the Internet 21.26and identified as an environment and natural 21.27resources trust fund project.

21.28Subd. 11.Project Requirements

21.29As a condition of accepting an appropriation 21.30in this section, any agency or entity receiving 21.31the appropriation must, for any project 21.32funded in whole or in part with funds from 21.33this appropriation:22.1(1) comply with Minnesota Statutes, chapter 22.2116P;22.3(2) plant vegetation only of native ecotypes 22.4to Minnesota and preferably of the local 22.5ecotype using a high diversity of species 22.6grown as close to the restoration site as 22.7possible;22.8(3) when restoring prairies:22.9(i) the seeds and plant materials must 22.10originate in the same county as the 22.11restoration site or within 25 miles of the 22.12county border, but not across the boundary 22.13of an ecotype region. Ecotype regions 22.14are defined by the Department of Natural 22.15Resources map, "Minnesota Ecotype Regions 22.16Map - County Landscape Groupings Based 22.17on Ecological Subsections," dated February 22.1815, 2007;22.19(ii) if seeds and plant material described in 22.20item (i) are not available, then the restoration 22.21must use seeds and plant materials from 22.22within the same ecotype region; or22.23(iii) if seeds and plant material described 22.24in item (i) or (ii) are not available, then 22.25the restoration must use seeds and plant 22.26material from within the same ecotype region 22.27or within 25 miles of the ecotype region 22.28boundary.22.29Use of seeds and plant materials from beyond 22.30the geographic areas described in this clause 22.31must be expressly approved in the work 22.32program;22.33(4) provide that all conservation easements:22.34(i) are perpetual;23.1(ii) specify the parties to an easement in the 23.2easement;23.3(iii) specify all of the provisions of an 23.4agreement that are perpetual;23.5(iv) are sent to the commission office in an 23.6electronic format; and23.7(v) include a long-term stewardship plan and 23.8funding for monitoring and enforcing the 23.9easement agreement;23.10(5) give priority in any acquisition of land 23.11or interest in land to high quality natural 23.12resources or conservation lands that provide 23.13natural buffers to water resources; and23.14(6) provide documentation to the 23.15Legislative-Citizen Commission on 23.16Minnesota Resources of the selection process 23.17used to identify parcels acquired and provide 23.18documentation of all related transaction 23.19costs, including but not limited to appraisals, 23.20legal fees, recording fees, commissions, 23.21other similar costs, and donations. This 23.22information must be provided for all parties 23.23involved in the transaction. The recipient 23.24shall also report to the Legislative-Citizen 23.25Commission on Minnesota Resources any 23.26difference between the acquisition amount 23.27paid to the seller and the state certified or 23.28state reviewed appraisal. Appropriate data 23.29such as appraisals may remain private during 23.30negotiations but must ultimately be made 23.31public according to Minnesota Statutes, 23.32chapter 13.

23.3323.34Subd. 12.Payment Conditions and Capital Equipment Expenditures

24.1All agreements, grants, or contracts referred 24.2to in this section must be administered on 24.3a reimbursement basis unless otherwise 24.4provided in this section. Notwithstanding 24.5Minnesota Statutes, section 16A.41, 24.6expenditures made on or after July 1, 24.72008, or the date the work program is 24.8approved, whichever is later, are eligible for 24.9reimbursement unless otherwise provided 24.10in this section. Periodic payment must 24.11be made upon receiving documentation 24.12that the deliverable items articulated in 24.13the approved work program have been 24.14achieved, including partial achievements 24.15as evidenced by approved progress reports. 24.16Reasonable amounts may be advanced to 24.17projects to accommodate cash flow needs or 24.18match federal money. The advances must 24.19be approved as part of the work program. 24.20No expenditures for capital equipment are 24.21allowed unless expressly authorized in the 24.22project work program.

24.2324.24Subd. 13.Purchase of Recycled and Recyclable Materials

24.25A political subdivision, public or private 24.26corporation, or other entity that receives 24.27an appropriation in this section must use 24.28the appropriation in compliance with 24.29Minnesota Statutes, sections 16B.121 and 24.3016B.122, requiring the purchase of recycled, 24.31repairable, and durable materials; the 24.32purchase of uncoated paper stock; and the 24.33use of soy-based ink.

24.3424.35Subd. 14.Energy Conservation and Sustainable Building Guidelines

25.1A recipient to whom an appropriation is made 25.2in this section for a capital improvement 25.3project shall ensure that the project complies 25.4with the applicable energy conservation and 25.5sustainable building guidelines and standards 25.6contained in law, including Minnesota 25.7Statutes, sections 16B.325, 216C.19, and 25.8216C.20, and rules adopted thereunder. 25.9The recipient may use the energy planning, 25.10advocacy, and State Energy Office units 25.11of the Department of Commerce to obtain 25.12information and technical assistance on 25.13energy conservation and alternative energy 25.14development relating to the planning and 25.15construction of the capital improvement 25.16project.

25.17Subd. 15.Accessibility

25.18Structural and nonstructural facilities must 25.19meet the design standards in the Americans 25.20with Disability Act (ADA) accessibility 25.21guidelines.

25.22Subd. 16.Carryforward

25.23(a) The availability of the appropriations for 25.24the following projects are extended to June 25.2530, 2009:25.26(1) Laws 2005, First Special Session chapter 25.271, article 2, section 11, subdivision 6, 25.28paragraph (h), as extended by Laws 2007, 25.29chapter 57, article 1, section 4, subdivision 6, 25.30Paul Bunyan State Trail connection; and25.31(2) Laws 2005, First Special Session 25.32chapter 1, article 2, section 11, subdivision 25.337, paragraph (j), improving impaired 25.34watersheds conservation drainage research.26.1(b) The availability of the appropriations for 26.2the following projects are extended to June 26.330, 2010:26.4(1) Laws 2005, First Special Session chapter 26.51, article 2, section 11, subdivision 6, 26.6paragraph (e), metropolitan regional parks 26.7acquisition, rehabilitation, and development;26.8(2) Laws 2005, First Special Session chapter 26.91, article 2, section 11, subdivision 6, 26.10paragraph (p), land acquisition, Minnesota 26.11Landscape Arboretum;26.12(3) Laws 2005, First Special Session chapter 26.131, article 2, section 11, subdivision 7, 26.14paragraph (i), improving water quality on the 26.15central sands; and26.16(4) Laws 2003, chapter 128, article 1, 26.17section 9, subdivision 6, paragraph (l), 26.18as amended by Laws 2005, First Special 26.19Session chapter 1, article 2, section 150, as 26.20extended by Laws 2006, chapter 243, section 26.2116, land acquisition, Minnesota Landscape 26.22Arboretum.26.23    Sec. 3. Minnesota Statutes 2006, section 116P.10, is amended to read:26.24116P.10 ROYALTIES, COPYRIGHTS, PATENTS, AND SALE OF 26.25PRODUCTS AND ASSETS.26.26    (a) This section applies to projects supported by the trust fund and the oil overcharge 26.27money referred to in section 
         4.071, subdivision 2, each of which is referred to in this 26.28section as a "fund."26.29    (b) The fund owns and shall take title to the percentage of a royalty, copyright, 26.30or patent resulting from a project supported by the fund equal to the percentage of the 26.31project's total funding provided by the fund. Cash receipts resulting from a royalty, 26.32copyright, or patent, or the sale of the fund's rights to a royalty, copyright, or patent, must 26.33be credited immediately to the principal of the fund. Receipts from Minnesota future 26.34resources fund projects must be credited to the trust fund. Before a project is included 27.1in the budget plan, The commission may voteinclude in its annual legislative bill a 27.2recommendation to relinquish the ownership or rights to a royalty, copyright, or patent 27.3resulting from a project supported by the fund to the project's proposer when the amount 27.4of the original grant or loan, plus interest, has been repaid to the fund.27.5    (c) If a project supported by the fund results in net income from the sale of products 27.6or assets developed or acquired by an appropriation from the fund, the appropriation 27.7must be repaid to the fund in an amount equal to the percentage of the project's total 27.8funding provided by the fund. The commission may include in its annual legislative bill a 27.9recommendation to relinquish the income if a plan is approved for reinvestment of the 27.10income in the project or when the amount of the original grant or loan, plus interest, has 27.11been repaid to the fund.