1.1 	A bill for an act 
1.2 	relating to state government; appropriating money from constitutionally 
1.3 	dedicated funds and providing for policy and governance of outdoor heritage, 
1.4 	clean water, parks and trails, and arts and cultural heritage purposes; establishing 
1.5 	and modifying grants and funding programs; providing for advisory groups; 
1.6 	providing appointments; requiring reports; requiring rulemaking; amending 
1.7 	Minnesota Statutes 2008, sections 3.303, by adding a subdivision; 3.971, by 
1.8 	adding a subdivision; 17.117, subdivision 11a; 18G.11, by adding a subdivision; 
1.9 	84.02, by adding subdivisions; 85.53; 97A.056, subdivisions 2, 3, 6, 7, by 
1.10 	adding subdivisions; 103F.515, subdivisions 2, 4; 114D.50; 116G.15; 116P.05, 
1.11 	subdivision 2; 129D.17; 477A.12, subdivision 2; proposing coding for new law 
1.12 	in Minnesota Statutes, chapters 3; 84; 84C; 85; 116; 129D; 138; 477A.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	ARTICLE 1
1.15 	OUTDOOR HERITAGE FUND

1.16	Section 1. OUTDOOR HERITAGE FUND APPROPRIATIONS.
 	
1.17 	The sums shown in the columns marked "Appropriations" are appropriated to the 
1.18 	agencies and for the purposes specified in this article. The appropriations are from the 
1.19 	outdoor heritage fund and are available for the fiscal years indicated for each purpose. The 
1.20 	figures "2010" and "2011" used in this article mean that the appropriations listed under 
1.21 	them are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. 
1.22 	"The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" 
1.23 	is fiscal years 2010 and 2011.

1.24				APPROPRIATIONS
	
1.25				Available for the Year
	
1.26				Ending June 30
	
1.27					2010
		2011

2.1	Sec. 2. OUTDOOR HERITAGE

2.2	Subdivision 1.Total Appropriation
 	$
	69,230,000
	$
	-0-
	
2.3 	This appropriation is from the outdoor 
2.4 	heritage fund.
2.5 	The amounts that may be spent for each 
2.6 	purpose are specified in the following 
2.7 	subdivisions.

2.8	Subd. 2.Prairies
 		14,213,000
		-0-

2.92.10
	(a) Accelerated Prairie and Grassland 
Management
					
2.11 	$1,700,000 in fiscal year 2010 is to the 
2.12 	commissioner of natural resources to 
2.13 	accelerate the restoration and enhancement 
2.14 	of native prairie vegetation on public 
2.15 	lands, including roadsides. A list of 
2.16 	proposed projects, describing the types and 
2.17 	locations of restorations and enhancements, 
2.18 	must be provided as part of the required 
2.19 	accomplishment plan. To the extent possible, 
2.20 	prairie restorations conducted with money 
2.21 	appropriated in this section must plant 
2.22 	vegetation or sow seed only of ecotypes 
2.23 	native to Minnesota, and preferably of the 
2.24 	local ecotype, using a high diversity of 
2.25 	species originating from as close to the 
2.26 	restoration site as possible, and protect 
2.27 	existing native prairies from genetic 
2.28 	contamination.

2.29	(b) Green Corridor Legacy Program
					
2.30 	$1,617,000 in fiscal year 2010 is to the 
2.31 	commissioner of natural resources for an 
2.32 	agreement with the Southwest Initiative 
2.33 	Foundation or successor to acquire land 
2.34 	for purposes allowed under the Minnesota 
3.1 	Constitution, article XI, section 15, in 
3.2 	Redwood County to be added to the state 
3.3 	outdoor recreation system as defined 
3.4 	in Minnesota Statutes, chapter 86A. A 
3.5 	list of proposed fee title acquisitions 
3.6 	must be provided as part of the required 
3.7 	accomplishment plan. The commissioner 
3.8 	of natural resources must agree to each 
3.9 	proposed acquisition. No more than five 
3.10 	percent of this appropriation may be spent on 
3.11 	professional services directly related to this 
3.12 	appropriation's purposes.

3.13
3.14	(c) Prairie Heritage Fund â€“ Acquisition and 
Restoration
					
3.15 	$3,000,000 in fiscal year 2010 is to the 
3.16 	commissioner of natural resources for 
3.17 	an agreement with Pheasants Forever or 
3.18 	successor to acquire and restore land to 
3.19 	be added to the state wildlife management 
3.20 	area system. A list of proposed fee title 
3.21 	acquisitions and a list of proposed restoration 
3.22 	projects, describing the types and locations 
3.23 	of restorations, must be provided as part 
3.24 	of the required accomplishment plan. The 
3.25 	commissioner of natural resources must 
3.26 	agree to each proposed acquisition. To 
3.27 	the extent possible, prairie restorations 
3.28 	conducted with money appropriated in this 
3.29 	section must plant vegetation or sow seed 
3.30 	only of ecotypes native to Minnesota, and 
3.31 	preferably of the local ecotype, using a high 
3.32 	diversity of species originating from as 
3.33 	close to the restoration site as possible, and 
3.34 	protect existing native prairies from genetic 
3.35 	contamination.

4.1
4.2	(d) Accelerated Prairie Grassland Wildlife 
Management Area Acquisition
					
4.3 	$3,913,000 in fiscal year 2010 is to the 
4.4 	commissioner of natural resources to 
4.5 	acquire land for wildlife management areas 
4.6 	with native prairie or grassland habitats. 
4.7 	A list of proposed fee title acquisitions 
4.8 	must be provided as part of the required 
4.9 	accomplishment plan.

4.10
4.11	(e) Northern Tall Grass Prairie National 
Wildlife Refuge Protection
					
4.12 	$1,583,000 in fiscal year 2010 is to the 
4.13 	commissioner of natural resources for an 
4.14 	agreement with the United States Fish 
4.15 	and Wildlife Service to acquire land or 
4.16 	permanent easements within the Northern 
4.17 	Tall Grass Prairie Habitat Preservation Area 
4.18 	in western Minnesota. The commissioner 
4.19 	may advance funds to the United States Fish 
4.20 	and Wildlife Service. A list of proposed fee 
4.21 	title and permanent easement acquisitions 
4.22 	must be provided as part of the required 
4.23 	accomplishment plan. Land acquired for 
4.24 	these purposes must remain in the possession 
4.25 	of a state or local government or private party 
4.26 	based in Minnesota; a permanent easement 
4.27 	may be granted.

4.28	(f) Bluffland Prairie Protection Initiative
					
4.29 	$500,000 in fiscal year 2010 is to the 
4.30 	commissioner of natural resources for an 
4.31 	agreement with the Minnesota Land Trust or 
4.32 	successor to acquire permanent easements 
4.33 	protecting critical prairie and grassland 
4.34 	habitats in the blufflands in southeastern 
4.35 	Minnesota. A list of proposed fee title 
5.1 	and permanent easement acquisitions 
5.2 	must be provided as part of the required 
5.3 	accomplishment plan.

5.4	(g) Rum River â€“ Cedar Creek Initiative
					
5.5 	$1,900,000 in fiscal year 2010 is to the 
5.6 	commissioner of natural resources for an 
5.7 	agreement with Anoka County to acquire 
5.8 	land at the confluence of the Rum River and 
5.9 	Cedar Creek in Anoka County. Acquired 
5.10 	land must remain open to hunting and 
5.11 	fishing, consistent with the capacity of the 
5.12 	land, during the open season, as determined 
5.13 	by the commissioner of natural resources. 
5.14 	This is the first of two planned appropriations 
5.15 	for this acquisition.

5.16	Subd. 3.Forests
 		20,000,000
		-0-
	
5.17 	$20,000,000 in fiscal year 2010 is to the 
5.18 	commissioner of natural resources to acquire 
5.19 	land or permanent working forest easements 
5.20 	on private forests in areas identified through 
5.21 	the state forest for the future program. 
5.22 	Priority must be given to acquiring land 
5.23 	or interests in private lands within existing 
5.24 	Minnesota state forest boundaries. Any 
5.25 	easements acquired must have a forest 
5.26 	management plan as described in Minnesota 
5.27 	Statutes, section 290C.02, subdivision 7. 
5.28 	A list of proposed fee title and easement 
5.29 	acquisitions must be provided as part of 
5.30 	the required accomplishment plan. The 
5.31 	appropriation is available for closings taking 
5.32 	place after April 30, 2010. This is the first of 
5.33 	two planned appropriations for this program. 
5.34 	The commissioner shall, prior to acquiring 
5.35 	land or interests under this provision, certify 
6.1 	in writing that sound management of such 
6.2 	land is assured, and sufficient assurance is 
6.3 	contained in the legally binding language of 
6.4 	any agreement. This written determination 
6.5 	by the commissioner shall be published in 
6.6 	the State Register.

6.7	Subd. 4.Wetlands
 		20,536,000
		-0-

6.8
6.9	(a) Accelerated Wildlife Management Area 
Acquisition
					
6.10 	$2,900,000 in fiscal year 2010 is to the 
6.11 	commissioner of natural resources to 
6.12 	acquire land for wildlife management areas. 
6.13 	A list of proposed fee title acquisitions 
6.14 	must be provided as part of the required 
6.15 	accomplishment plan.

6.16
6.17	(b) Accelerated Shallow Lake Restorations and 
Enhancements
					
6.18 	$2,528,000 in fiscal year 2010 is to the 
6.19 	commissioner of natural resources for 
6.20 	an agreement with Ducks Unlimited, 
6.21 	Inc. or successor to restore and enhance 
6.22 	shallow lake habitats. Up to $400,000 
6.23 	of this appropriation may be used for 
6.24 	permanent easements related to shallow 
6.25 	lake restorations and enhancements. A 
6.26 	list of proposed easements and projects, 
6.27 	describing the types and locations of 
6.28 	easements, restorations, and enhancements, 
6.29 	must be provided as part of the required 
6.30 	accomplishment plan. The commissioner 
6.31 	of natural resources must agree to each 
6.32 	easement, restoration, and enhancement.

6.33
6.34	(c) Accelerate the Waterfowl Production Area 
Program in Minnesota
					
7.1 	$5,600,000 in fiscal year 2010 is to the 
7.2 	commissioner of natural resources for 
7.3 	an agreement with Pheasants Forever or 
7.4 	successor to acquire and restore wetland and 
7.5 	related upland habitats, in cooperation with 
7.6 	the United States Fish and Wildlife Service 
7.7 	and Ducks Unlimited, Inc. or successor to 
7.8 	be managed as waterfowl production areas. 
7.9 	A list of proposed acquisitions and a list of 
7.10 	proposed projects, describing the types and 
7.11 	locations of restorations, must be provided as 
7.12 	part of the required accomplishment plan.

7.13	(d) Shallow Lake Critical Shoreland
					
7.14 	$450,000 in fiscal year 2010 is to the 
7.15 	commissioner of natural resources for an 
7.16 	agreement with Ducks Unlimited, Inc. or 
7.17 	successor to protect habitat by acquiring 
7.18 	land associated with shallow lakes. A list of 
7.19 	proposed acquisitions must be provided as 
7.20 	part of the required accomplishment plan. 
7.21 	The commissioner of natural resources must 
7.22 	agree to each proposed acquisition.

7.23
7.24	(e) Reinvest in Minnesota Wetlands Reserve 
Program Acquisition and Restoration
					
7.25 	$9,058,000 in fiscal year 2010 is to the Board 
7.26 	of Water and Soil Resources to acquire 
7.27 	permanent easements and restore wetlands 
7.28 	and associated uplands in cooperation with 
7.29 	the United States Department of Agriculture 
7.30 	Wetlands Reserve Program. A list of 
7.31 	proposed acquisitions and a list of proposed 
7.32 	projects, describing the types and locations 
7.33 	of restorations, must be provided as part of 
7.34 	the required accomplishment plan.

7.35	Subd. 5.Fish, Game, and Wildlife Habitat
 		13,903,000
		-0-

8.1
8.2	(a) Outdoor Heritage Conservation Partners 
Grant Program
					
8.3 	$4,000,000 in fiscal year 2010 is to the 
8.4 	commissioner of natural resources to 
8.5 	provide competitive, matching grants of up to 
8.6 	$400,000 to local, regional, state, and national 
8.7 	organizations, including government, for 
8.8 	enhancement, restoration, or protection of 
8.9 	forests, wetlands, prairies, and habitat for 
8.10 	fish, game, or wildlife in Minnesota. Up 
8.11 	to 2-1/2 percent of this appropriation may 
8.12 	be used for administering the grant. The 
8.13 	funds may be advanced in three equal sums, 
8.14 	on or after November 1, 2009, February 
8.15 	1, 2010, and April 1, 2010. Grantees may 
8.16 	protect land through acquisition of land 
8.17 	or interests in land. Easements must be 
8.18 	permanent. Land acquired in fee must 
8.19 	be open to hunting and fishing during the 
8.20 	open season unless otherwise provided by 
8.21 	state law. The commissioner of natural 
8.22 	resources must agree to each proposed 
8.23 	acquisition of land or interest in land. The 
8.24 	program shall require a match of at least 
8.25 	$1 nonstate funds to $10 state funds. The 
8.26 	nonstate dollars match may be in-kind. The 
8.27 	criteria for evaluating grant applications 
8.28 	must include amount of habitat restored, 
8.29 	enhanced, or protected; local support; degree 
8.30 	of collaboration; urgency; multiple benefits; 
8.31 	habitat benefits provided; consistency with 
8.32 	sound conservation science; adjacency to 
8.33 	protected lands; full funding of the project; 
8.34 	supplementing existing funding; public 
8.35 	access for hunting and fishing during the 
8.36 	open season; sustainability; and use of native 
9.1 	plant materials. All projects must conform 
9.2 	to the Minnesota statewide conservation and 
9.3 	preservation plan. Wildlife habitat projects 
9.4 	must also conform to the state wildlife action 
9.5 	plan. Priority shall be given to projects 
9.6 	acquiring land or easements associated 
9.7 	with existing wildlife management areas. 
9.8 	All restoration or enhancement projects 
9.9 	must be on land permanently protected by 
9.10 	conservation easement or public ownership. 
9.11 	To the extent possible, prairie restorations 
9.12 	conducted with money appropriated in this 
9.13 	section must plant vegetation or sow seed 
9.14 	only of ecotypes native to Minnesota, and 
9.15 	preferably of the local ecotype, using a high 
9.16 	diversity of species originating from as 
9.17 	close to the restoration site as possible, and 
9.18 	protect existing native prairies from genetic 
9.19 	contamination. Subdivision 10 applies to 
9.20 	grants awarded under this paragraph. This 
9.21 	appropriation is available until June 30, 
9.22 	2013, at which time all grant projects must 
9.23 	be completed and final products delivered, 
9.24 	unless an earlier date is specified in the grant 
9.25 	agreement. No less than 15 percent of the 
9.26 	amount of each grant must be held back from 
9.27 	reimbursement until the grant recipient has 
9.28 	completed a grant accomplishment report in 
9.29 	the form prescribed by and satisfactory to the 
9.30 	Outdoor Heritage Council.

9.31	(b) Aquatic Management Area Acquisition
					
9.32 	$5,748,000 in fiscal year 2010 is to the 
9.33 	commissioner of natural resources to acquire 
9.34 	land in fee title and easement to be added to 
9.35 	the state aquatic management area system. 
9.36 	Acquired land must remain open to hunting 
10.1 	and fishing, consistent with the capacity 
10.2 	of the land, during the open season, as 
10.3 	determined by the commissioner of natural 
10.4 	resources. A list of proposed fee title and 
10.5 	easement acquisitions must be provided as 
10.6 	part of the required accomplishment plan.

10.7
10.8	(c) Cold Water River and Stream Restoration, 
Protection, and Enhancement
					
10.9 	$2,050,000 in fiscal year 2010 is to the 
10.10 	commissioner of natural resources for an 
10.11 	agreement with Trout Unlimited or successor 
10.12 	to restore, enhance, and protect cold water 
10.13 	river and stream habitats in Minnesota. A 
10.14 	list of proposed acquisitions and a list of 
10.15 	proposed projects, describing the types and 
10.16 	locations of restorations and enhancements, 
10.17 	must be provided as part of the required 
10.18 	accomplishment plan. The commissioner 
10.19 	of natural resources must agree to each 
10.20 	proposed acquisition, restoration, and 
10.21 	enhancement.

10.22	(d) Dakota County Habitat Protection
					
10.23 	$1,000,000 in fiscal year 2010 is to the 
10.24 	commissioner of natural resources for 
10.25 	an agreement with Dakota County for 
10.26 	acquisition of permanent easements. A list 
10.27 	of proposed acquisitions must be provided as 
10.28 	part of the required accomplishment plan.

10.29
10.30	(e) Lake Rebecca Water Quality Improvement 
Project
					
10.31 	$450,000 in fiscal year 2010 is to the 
10.32 	commissioner of natural resources for an 
10.33 	agreement with the Three Rivers Park 
10.34 	District to improve the water quality in Lake 
10.35 	Rebecca in Lake Rebecca Park Reserve 
11.1 	in Hennepin County. A description of the 
11.2 	activities to enhance fish habitat in Lake 
11.3 	Rebecca must be provided as part of the 
11.4 	required accomplishment plan.

11.5	(f) Fountain Lake Fish Barriers
					
11.6 	$655,000 in fiscal year 2010 is to the 
11.7 	commissioner of natural resources for 
11.8 	an agreement with the Shell Rock River 
11.9 	Watershed District to construct fish barriers 
11.10 	at three locations on Fountain Lake. Land 
11.11 	acquisition necessary for fish barrier 
11.12 	construction is permitted. A list of proposed 
11.13 	projects, describing the types and locations 
11.14 	of barriers, must be provided as part of 
11.15 	the required accomplishment plan. The 
11.16 	commissioner of natural resources must 
11.17 	agree to each proposed barrier.

11.18	Subd. 6.Administration and Other
 		578,000
		-0-

11.19	(a) Contract Management
					
11.20 	$175,000 in fiscal year 2010 is to the 
11.21 	commissioner of natural resources for 
11.22 	contract management in fiscal years 2010 
11.23 	and 2011 for duties assigned in this section.

11.24	(b) Legislative Coordinating Commission
					
11.25 	$403,000 in fiscal year 2010 is to the 
11.26 	Legislative Coordinating Commission for 
11.27 	administrative expenses of the Outdoor 
11.28 	Heritage Council and for compensation and 
11.29 	expense reimbursement of council members. 
11.30 	Up to $100,000 may be transferred to the 
11.31 	water recreation account as reimbursement 
11.32 	for advances to the Outdoor Heritage Council 
11.33 	made in fiscal year 2009. No more than 1.25 
11.34 	full-time equivalent staff positions may be 
12.1 	created with these funds. Excess funds not 
12.2 	required for the purposes of this section shall 
12.3 	be returned by the Legislative Coordinating 
12.4 	Commission.

12.5	Subd. 7.Availability of Appropriation
 					
12.6 	Unless otherwise provided, the amounts in 
12.7 	this section are available until June 30, 2011, 
12.8 	when projects must be completed and final 
12.9 	accomplishments reported. For acquisition 
12.10 	of an interest in real property, the amounts in 
12.11 	this section are available until June 30, 2012. 
12.12 	If a project receives federal funds, the time 
12.13 	period of the appropriation is extended to 
12.14 	equal the availability of federal funding.

12.15	Subd. 8.Cash Advances
 					
12.16 	When the project authorized under 
12.17 	subdivision 3 would be impeded by projected 
12.18 	cash deficiencies resulting from delays in 
12.19 	the receipt of dedicated income, and when 
12.20 	the deficiencies would be corrected within 
12.21 	fiscal year 2010, the commissioner of finance 
12.22 	may use fund-level cash reserves to meet 
12.23 	cash demands of the project. If funds are 
12.24 	transferred from the general fund to meet 
12.25 	cash flow needs, the cash flow transfers must 
12.26 	be returned to the general fund as soon as 
12.27 	sufficient cash balances are available in the 
12.28 	outdoor heritage fund. Any interest earned 
12.29 	on general fund cash flow transfers accrues 
12.30 	to the general fund and not to the outdoor 
12.31 	heritage fund.

12.32	Subd. 9.Accomplishment Plans
 					
12.33 	It is a condition of acceptance of the 
12.34 	appropriations made by this section that the 
13.1 	agency or entity using the appropriation shall 
13.2 	submit to the council an accomplishment 
13.3 	plan and periodic accomplishment reports in 
13.4 	the form determined by the Outdoor Heritage 
13.5 	Council. The accomplishment plan must 
13.6 	account for the use of the appropriation and 
13.7 	outcomes of the expenditure in measures of 
13.8 	wetlands, prairies, forests, and fish, game, 
13.9 	and wildlife habitat restored, protected, and 
13.10 	enhanced. The plan must include evaluation 
13.11 	of results. None of the money provided 
13.12 	in this section may be expended unless 
13.13 	the council has approved the pertinent 
13.14 	accomplishment plan.

13.15	Subd. 10.Project Requirements
 					
13.16 	(a) As a condition of accepting an 
13.17 	appropriation in this section, any agency or 
13.18 	entity receiving an appropriation must, for 
13.19 	any project funded in whole or in part with 
13.20 	funds from the appropriation:
13.21 	(1) plant vegetation or sow seed only 
13.22 	of ecotypes native to Minnesota, and 
13.23 	preferably of the local ecotype, using a 
13.24 	high diversity of species originating from 
13.25 	as close to the restoration site as possible, 
13.26 	and protect existing native prairies from 
13.27 	genetic contamination, to the extent possible 
13.28 	if conducting prairie restorations is a 
13.29 	component of the accomplishment plan;
13.30 	(2) provide that all easements:
13.31 	(i) are permanent;
13.32 	(ii) specify the parties to an easement in the 
13.33 	easement;
14.1 	(iii) specify all of the provisions of an 
14.2 	agreement that are permanent;
14.3 	(iv) are sent to the office of the Outdoor 
14.4 	Heritage Council; and
14.5 	(v) include a long-term stewardship plan and 
14.6 	funding for monitoring and enforcing the 
14.7 	easement agreement;
14.8 	(3) for all restorations, prepare an ecological 
14.9 	restoration and management plan that, to 
14.10 	the degree practicable, is consistent with the 
14.11 	highest quality conservation and ecological 
14.12 	goals for the restoration site. Consideration 
14.13 	should be given to soil, geology, topography, 
14.14 	and other relevant factors that would provide 
14.15 	the best chance for long-term success of the 
14.16 	restoration projects. The plan shall include 
14.17 	the proposed timetable for implementing 
14.18 	the restoration, including, but not limited 
14.19 	to, site preparation, establishment of 
14.20 	diverse plant species, maintenance, and 
14.21 	additional enhancement to establish the 
14.22 	restoration; identify long-term maintenance 
14.23 	and management needs of the restoration 
14.24 	and how the maintenance, management, and 
14.25 	enhancement will be financed; and use the 
14.26 	best available science to achieve the best 
14.27 	restoration;
14.28 	(4) for new lands acquired, prepare a 
14.29 	restoration and management plan in 
14.30 	compliance with clause (3), including 
14.31 	identification of sufficient funding for 
14.32 	implementation;
14.33 	(5) to ensure public accountability for the 
14.34 	use of public funds, provide to the Outdoor 
14.35 	Heritage Council documentation of the 
15.1 	selection process used to identify parcels 
15.2 	acquired and provide documentation of all 
15.3 	related transaction costs, including, but not 
15.4 	limited to, appraisals, legal fees, recording 
15.5 	fees, commissions, other similar costs, 
15.6 	and donations. This information must be 
15.7 	provided for all parties involved in the 
15.8 	transaction. The recipient shall also report to 
15.9 	the Outdoor Heritage Council any difference 
15.10 	between the acquisition amount paid to the 
15.11 	seller and the state-certified or state-reviewed 
15.12 	appraisal. Acquisition data such as appraisals 
15.13 	may remain private during negotiations but 
15.14 	must ultimately be made public according to 
15.15 	Minnesota Statutes, chapter 13;
15.16 	(6) provide that all restoration and 
15.17 	enhancement projects are on land 
15.18 	permanently protected by conservation 
15.19 	easement or public ownership; 
15.20 	(7) to the extent the appropriation is used to 
15.21 	acquire an interest in real property, provide 
15.22 	to the Outdoor Heritage Council and the 
15.23 	commissioner of finance an analysis of 
15.24 	increased operations and maintenance costs 
15.25 	likely to be incurred by public entities as 
15.26 	a result of the acquisition and of how these 
15.27 	costs may be paid for; and
15.28 	(8) give consideration to and make 
15.29 	timely written contact with the Minnesota 
15.30 	Conservation Corps for consideration of 
15.31 	possible use of their services to contract for 
15.32 	restoration and enhancement services.

15.33
15.34	Subd. 11.Payment Conditions and Capital 
Equipment Expenditures
 					
16.1 	All agreements, grants, or contracts referred 
16.2 	to in this section must be administered on 
16.3 	a reimbursement basis unless otherwise 
16.4 	provided in this section. Payments for 
16.5 	reimbursement may not be made before 
16.6 	November 1, 2009. Notwithstanding 
16.7 	Minnesota Statutes, section 16A.41, 
16.8 	expenditures directly related to each 
16.9 	appropriation's purpose made on or after July 
16.10 	1, 2009, are eligible for reimbursement unless 
16.11 	otherwise provided in this section. Periodic 
16.12 	payment must be made upon receiving 
16.13 	documentation that the deliverable items 
16.14 	articulated in the approved accomplishment 
16.15 	plan have been achieved, including partial 
16.16 	achievements as evidenced by approved 
16.17 	progress reports. Reasonable amounts may 
16.18 	be advanced to projects to accommodate 
16.19 	cash flow needs or to match federal share. 
16.20 	The advances must be approved as part of 
16.21 	the accomplishment plan. Capital equipment 
16.22 	expenditures in excess of $10,000 must be 
16.23 	approved as part of the accomplishment plan.

16.24
16.25	Subd. 12.Purchase of Recycled and Recyclable 
Materials
 					
16.26 	A political subdivision, public or private 
16.27 	corporation, or other entity that receives an 
16.28 	appropriation in this section must use the 
16.29 	appropriation in compliance with Minnesota 
16.30 	Statutes, sections 16B.121, regarding 
16.31 	purchase of recycled, repairable, and durable 
16.32 	materials, and 16B.122, regarding purchase 
16.33 	and use of paper stock and printing.

16.34	Subd. 13.Accessibility
 					
17.1 	Structural and nonstructural facilities must 
17.2 	meet the design standards in the Americans 
17.3 	with Disabilities Act (ADA) accessibility 
17.4 	guidelines.

17.5	Subd. 14.Land Acquisition Restrictions
 					
17.6 	(a) An interest in real property, including but 
17.7 	not limited to an easement or fee title, that 
17.8 	is acquired with money appropriated under 
17.9 	this section must be used in perpetuity or for 
17.10 	the specific term of an easement interest for 
17.11 	the purpose for which the appropriation was 
17.12 	made.
17.13 	(b) A recipient of funding who acquires 
17.14 	an interest in real property subject to this 
17.15 	subdivision may not alter the intended use 
17.16 	of the interest in real property or convey 
17.17 	any interest in the real property acquired 
17.18 	with the appropriation without the prior 
17.19 	review and approval of the Outdoor Heritage 
17.20 	Council or its successor. The council shall 
17.21 	establish procedures to review requests from 
17.22 	recipients to alter the use of or convey an 
17.23 	interest in real property. These procedures 
17.24 	shall allow for the replacement of the interest 
17.25 	in real property with another interest in real 
17.26 	property meeting the following criteria:
17.27 	(1) the interest is at least equal in fair market 
17.28 	value, as certified by the commissioner 
17.29 	of natural resources, to the interest being 
17.30 	replaced; and
17.31 	(2) the interest is in a reasonably equivalent 
17.32 	location and has a reasonably equivalent 
17.33 	useful conservation purpose compared to the 
17.34 	interest being replaced.
18.1 	(c) A recipient of funding who acquires an 
18.2 	interest in real property under paragraph 
18.3 	(a) must separately record a notice of 
18.4 	funding restrictions in the appropriate local 
18.5 	government office where the conveyance 
18.6 	of the interest in real property is filed. The 
18.7 	notice of funding agreement must contain:
18.8 	(1) a legal description of the interest in real 
18.9 	property covered by the funding agreement;
18.10 	(2) a reference to the underlying funding 
18.11 	agreement;
18.12 	(3) a reference to this section; and
18.13 	(4) the following statement: "This interest 
18.14 	in real property shall be administered in 
18.15 	accordance with the terms, conditions, and 
18.16 	purposes of the grant agreement controlling 
18.17 	the acquisition of the property. The interest 
18.18 	in real property, or any portion of the interest 
18.19 	in real property, shall not be sold, transferred, 
18.20 	pledged, or otherwise disposed of or further 
18.21 	encumbered without obtaining the prior 
18.22 	written approval of the Outdoor Heritage 
18.23 	Council or its successor. If the holder of 
18.24 	the interest in real property fails to comply 
18.25 	with the terms and conditions of the grant 
18.26 	agreement or work program, ownership of 
18.27 	the interest in real property shall transfer to 
18.28 	the state."

18.29	Subd. 15.Real Property Interest Report
 					
18.30 	By December 1 each year, a recipient of 
18.31 	money appropriated under this section that 
18.32 	is used for the acquisition of an interest 
18.33 	in real property, including but not limited 
18.34 	to an easement or fee title, must submit 
18.35 	annual reports on the status of the real 
19.1 	property to the Outdoor Heritage Council 
19.2 	or its successor in a form determined by the 
19.3 	council. The responsibility for reporting 
19.4 	under this section may be transferred by 
19.5 	the recipient of the appropriation to another 
19.6 	person or entity that holds the interest in the 
19.7 	real property. To complete the transfer of 
19.8 	reporting responsibility, the recipient of the 
19.9 	appropriation must:
19.10 	(1) inform the person to whom the 
19.11 	responsibility is transferred of that person's 
19.12 	reporting responsibility;
19.13 	(2) inform the person to whom the 
19.14 	responsibility is transferred of the property 
19.15 	restrictions under subdivision 14; and
19.16 	(3) provide written notice to the council of the 
19.17 	transfer of reporting responsibility, including 
19.18 	contact information for the person to whom 
19.19 	the responsibility is transferred. Before the 
19.20 	transfer, the entity receiving the transfer of 
19.21 	property must certify to the Outdoor Heritage 
19.22 	Council, or its successor, acceptance of all 
19.23 	obligations and responsibilities held by the 
19.24 	prior owner.
19.25 	After the transfer, the person or entity that 
19.26 	holds the interest in the real property is 
19.27 	responsible for reporting requirements under 
19.28 	this section.

19.29	Subd. 16.Reports to Finance
 					
19.30 	All reports submitted to the Outdoor Heritage 
19.31 	Council by recipients of money appropriated 
19.32 	under this section must also submit the 
19.33 	reports to the commissioner of finance. The 
19.34 	commissioner must maintain a Web site 
19.35 	with a searchable data base providing the 
20.1 	public with information on expenditures 
20.2 	from the outdoor heritage fund. To the extent 
20.3 	practical the commissioner must use systems 
20.4 	developed to track expenditure of federal 
20.5 	money under the American Recovery and 
20.6 	Reinvestment Act to track expenditures from 
20.7 	the outdoor heritage fund.

20.8	Sec. 3. LEGISLATURE.
 	$
	117,000
	$
	165,000
	
20.9 	$54,000 the first year and $36,000 the second 
20.10 	year are for the Legislative Coordinating 
20.11 	Commission to fulfill the duties required 
20.12 	under Minnesota Statutes, section 3.303, 
20.13 	subdivision 10.
20.14 	$63,000 the first year and $63,000 the second 
20.15 	year are for the legislative auditor to conduct 
20.16 	restoration audits under Minnesota Statutes, 
20.17 	section 3.971, subdivision 9, and $66,000 
20.18 	the second year is for program and financial 
20.19 	audits.

20.20 	Sec. 4. REVISOR'S INSTRUCTION.
 20.21 	The revisor shall remove all references to the "Lessard Outdoor Heritage Council" in 
20.22 	Minnesota Statutes, and replace those references with "Outdoor Heritage Council."

20.23 	ARTICLE 2
20.24 	CLEAN WATER FUND

20.25	Section 1. CLEAN WATER FUND APPROPRIATIONS.
 	
20.26 	The sums shown in the columns marked "Appropriations" are appropriated to the 
20.27 	agencies and for the purposes specified in this article. The appropriations are from the 
20.28 	clean water fund, or another named fund, and are available for the fiscal years indicated 
20.29 	for each purpose. The figures "2010" and "2011" used in this article mean that the 
20.30 	appropriations listed under them are available for the fiscal year ending June 30, 2010, 
20.31 	or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is 
20.32 	fiscal year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the 
21.1 	fiscal year ending June 30, 2009, are effective the day following final enactment. All 
21.2 	appropriations in this article are onetime only.

21.3				APPROPRIATIONS
	
21.4				Available for the Year
	
21.5				Ending June 30
	
21.6					2010
		2011

21.7	Sec. 2. DEPARTMENT OF AGRICULTURE
 	$
	3,414,000
	$
	5,850,000
	
21.8 	(a) $339,000 the first year is to intensively 
21.9 	monitor and analyze three sub-watersheds 
21.10 	for changes in agricultural runoff related to 
21.11 	land management practices and evaluate best 
21.12 	management practices in sub-watersheds 
21.13 	within the Root River Watershed in 
21.14 	southeastern Minnesota. The commissioner 
21.15 	shall submit a report on the use of this 
21.16 	appropriation to the chairs of the house of 
21.17 	representatives and senate committees with 
21.18 	jurisdiction over agriculture, agriculture 
21.19 	finance, environment and natural resources, 
21.20 	and environment and natural resources 
21.21 	finance by January 15, 2012. This 
21.22 	appropriation is available until spent.
21.23 	(b) $325,000 the first year and $350,000 the 
21.24 	second year are to increase monitoring for 
21.25 	pesticides and pesticide degradates in surface 
21.26 	water and groundwater and to use data 
21.27 	collected to assess pesticide use practices.
21.28 	(c) $375,000 the first year and $750,000 
21.29 	the second year are to increase drinking 
21.30 	water protection from agricultural chemicals, 
21.31 	primarily nitrates.
21.32 	(d) $875,000 the first year and $1,750,000 
21.33 	the second year are for research, pilot 
21.34 	projects, and technical assistance related to 
21.35 	ways agricultural practices can contribute 
22.1 	to restoring impaired waters. Of this 
22.2 	amount, $330,000 the first year and 
22.3 	$330,000 the second year may be used 
22.4 	for technical assistance and grants to 
22.5 	establish a conservation drainage program 
22.6 	in consultation with the Board of Water and 
22.7 	Soil Resources and the drainage workgroup 
22.8 	that consists of pilot projects to retrofit 
22.9 	existing drainage systems with water quality 
22.10 	improvement practices, evaluate outcomes, 
22.11 	and provide outreach to landowners, public 
22.12 	drainage authorities, drainage engineers and 
22.13 	contractors, and others.
22.14 	(e) $1,000,000 the first year and $2,500,000 
22.15 	the second year are for the agricultural best 
22.16 	management practices loan program. At 
22.17 	least $965,000 the first year and at least 
22.18 	$2,400,000 the second year are for transfer 
22.19 	to the agricultural best management practices 
22.20 	loan account created pursuant to Minnesota 
22.21 	Statutes, section 17.117, subdivision 5a, 
22.22 	and are available for pass-through to local 
22.23 	governments and lenders for low-interest 
22.24 	loans. Loans under this paragraph are to be 
22.25 	repaid to the clean water fund established 
22.26 	under the Minnesota Constitution, article XI, 
22.27 	section 15.
22.28 	(f) $500,000 the first year and $500,000 the 
22.29 	second year are for a transfer to the Board of 
22.30 	Water and Soil Resources for feedlot water 
22.31 	quality improvement grants to operations 
22.32 	with 300 or fewer animal units and prioritized 
22.33 	by pollution prevention potential. The board 
22.34 	shall give priority consideration to projects 
22.35 	that leverage federal or other nonstate funds 
22.36 	or contributions and to projects that address 
23.1 	high-priority needs identified in local water 
23.2 	management plans. These amounts are in 
23.3 	addition to any amount recommended by 
23.4 	another committee for feedlot water quality 
23.5 	improvement grants.

23.6	Sec. 3. PUBLIC FACILITIES AUTHORITY
 	$
	8,125,000
	$
	17,250,000
	
23.7 	(a) $5,000,000 the first year and $10,000,000 
23.8 	the second year are for the total maximum 
23.9 	daily load grant program under Minnesota 
23.10 	Statutes, section 446A.073. This 
23.11 	appropriation is available until spent.
23.12 	(b) $2,500,000 the first year and $5,000,000 
23.13 	the second year are for the clean water legacy 
23.14 	phosphorus reduction grant program under 
23.15 	Minnesota Statutes, section 446A.074. This 
23.16 	appropriation is available until spent.
23.17 	(c) $125,000 the first year and $250,000 the 
23.18 	second year are for the small community 
23.19 	wastewater treatment program for technical 
23.20 	assistance grants under Minnesota Statutes, 
23.21 	section 446A.075. This appropriation is 
23.22 	available until spent.
23.23 	(d) $500,000 the first year and $2,000,000 
23.24 	the second year are for the small community 
23.25 	wastewater treatment program for 
23.26 	reconstruction loans and grants under 
23.27 	Minnesota Statutes, section 446A.075. This 
23.28 	appropriation is available until spent.

23.29	Sec. 4. POLLUTION CONTROL AGENCY
 	$
	16,503,000
	$
	23,688,000
	
23.30 	(a) $9,000,000 the first year and $9,000,000 
23.31 	the second year are to develop total maximum 
23.32 	daily load (TMDL) studies and TMDL 
23.33 	implementation plans for waters listed on 
24.1 	the United States Environmental Protection 
24.2 	Agency approved impaired waters list in 
24.3 	accordance with Minnesota Statutes, chapter 
24.4 	114D. The agency shall complete an average 
24.5 	of ten percent of the TMDLs each year over 
24.6 	the biennium.
24.7 	(b) $500,000 the first year and $1,188,000 
24.8 	the second year are for development of an 
24.9 	enhanced TMDL database to manage and 
24.10 	track progress. Of this amount, $63,000 the 
24.11 	first year is to promulgate rules.
24.12 	(c) $1,500,000 the first year and $3,500,000 
24.13 	the second year are for grants under 
24.14 	Minnesota Statutes, section 116.195, to 
24.15 	political subdivisions for up to 50 percent 
24.16 	of the costs to predesign, design, and 
24.17 	implement capital projects that use treated 
24.18 	municipal wastewater instead of groundwater 
24.19 	from drinking water aquifers, in order to 
24.20 	demonstrate the beneficial use of wastewater, 
24.21 	including the conservation and protection of 
24.22 	water resources.
24.23 	(d) $750,000 the first year and $1,500,000 the 
24.24 	second year are for groundwater assessment 
24.25 	and drinking water protection to include:
24.26 	(1) the installation and sampling of at least 
24.27 	30 new monitoring wells;
24.28 	(2) the analysis of samples from at least 40 
24.29 	shallow monitoring wells each year for the 
24.30 	presence of endocrine disrupting compounds; 
24.31 	and
24.32 	(3) the completion of at least four to 
24.33 	five groundwater models for TMDL and 
24.34 	watershed plans.
25.1 	(e) $348,000 the first year is to retest the 
25.2 	comprehensive assessment of the biological 
25.3 	conditions of the lower Minnesota River and 
25.4 	its tributaries within the Lower Minnesota 
25.5 	River Major Watershed, as previously 
25.6 	assessed from 1976 to 1992 under the 
25.7 	Minnesota River Assessment Project 
25.8 	(MRAP). The assessment must include the 
25.9 	same fish species sampling at the same 116 
25.10 	locations and the same macroinvertebrate 
25.11 	sampling at the same 41 locations as the 
25.12 	MRAP assessment. The assessment must:
25.13 	(1) include an analysis of the findings; and
25.14 	(2) identify factors that limit aquatic life in 
25.15 	the Minnesota River.
25.16 	(f) $2,500,000 the first year and $7,500,000 
25.17 	the second year are for the clean water 
25.18 	partnership program. Priority shall be given 
25.19 	to projects preventing impairments and 
25.20 	degradation of lakes, rivers, streams, and 
25.21 	groundwater in accordance with Minnesota 
25.22 	Statutes, section 114D.20, subdivision 2, 
25.23 	clause (4). Any balance remaining in the first 
25.24 	year does not cancel and is available for the 
25.25 	second year.
25.26 	(g) $1,000,000 the first year is to establish a 
25.27 	network of water monitoring sites in public 
25.28 	waters adjacent to wastewater treatment 
25.29 	facilities across the state to assess levels of 
25.30 	endocrine-disrupting compounds, antibiotic 
25.31 	compounds, and pharmaceuticals as required 
25.32 	in this article.
25.33 	(h) $155,000 the first year is to provide 
25.34 	notification of the potential for coal tar 
25.35 	contamination, establish a storm water 
26.1 	pond inventory schedule, and develop 
26.2 	best management practices for treating 
26.3 	and cleaning up contaminated sediments 
26.4 	as required in this article. $1,000,000 the 
26.5 	second year is to develop a model ordinance 
26.6 	for the restricted use of undiluted coal tar 
26.7 	sealants and to provide grants to local units of 
26.8 	government for up to 50 percent of the costs 
26.9 	to implement best management practices to 
26.10 	treat or clean up contaminated sediments 
26.11 	in storm water ponds and other waters as 
26.12 	defined under this article. Local governments 
26.13 	must have adopted an ordinance for the 
26.14 	restricted use of undiluted coal tar sealants 
26.15 	in order to be eligible for a grant, unless a 
26.16 	statewide restriction has been implemented. 
26.17 	A grant awarded under this paragraph must 
26.18 	not exceed $100,000.
26.19 	(i) $750,000 in fiscal year 2010 is for a 
26.20 	restoration project in the lower St. Louis 
26.21 	River and Duluth harbor.
26.22 	Notwithstanding Minnesota Statutes, section 
26.23 	16A.28, the appropriations encumbered on or 
26.24 	before June 30, 2011, as grants or contracts 
26.25 	in this subdivision are available until June 
26.26 	30, 2013.

26.27
26.28	Sec. 5. DEPARTMENT OF NATURAL 
RESOURCES
 	$
	5,208,000
	$
	9,566,000
	
26.29 	(a) $1,050,000 the first year and $1,665,000 
26.30 	the second year are for work assisting in 
26.31 	water quality assessment, total maximum 
26.32 	daily load study and implementation, and 
26.33 	watershed restoration and protection.
27.1 	(b) $375,000 the first year and $750,000 the 
27.2 	second year are for drinking water planning 
27.3 	and protection activities.
27.4 	(c) $950,000 the second year is for work 
27.5 	assisting in water quality assessment, 
27.6 	total maximum daily load study and 
27.7 	implementation, and watershed restoration 
27.8 	and protection in accordance with Minnesota 
27.9 	Statutes, chapter 114D.
27.10 	(d) $1,058,000 the first year and $1,601,000 
27.11 	the second year are for work assisting in 
27.12 	water quality assessment, total maximum 
27.13 	daily load study and implementation, and 
27.14 	watershed restoration and protection in 
27.15 	accordance with Minnesota Statutes, chapter 
27.16 	114D.
27.17 	(e) $2,500,000 the first year and $2,500,000 
27.18 	the second year are to acquire and distribute 
27.19 	high-resolution digital elevation data to be 
27.20 	used to predict water and sediment flows, 
27.21 	and for planning and installation measures 
27.22 	to clean up impaired waters. The data will 
27.23 	be collected for areas of the state that have 
27.24 	not acquired such data prior to January 
27.25 	1, 2007, or to complete acquisition and 
27.26 	distribution of the data for those areas of 
27.27 	the state that have not previously received 
27.28 	state funds for acquiring and distributing 
27.29 	the data. The distribution of data acquired 
27.30 	under this paragraph must be conducted 
27.31 	under the auspices of the Land Management 
27.32 	Information Center or its successor, which 
27.33 	shall receive 2.5 percent of the appropriation 
27.34 	in this paragraph to support coordination of 
27.35 	data acquisition and distribution. Mapping 
28.1 	and data set distribution under this paragraph 
28.2 	must be completed within three years of 
28.3 	funds availability. The commissioner shall 
28.4 	utilize department staff whenever possible. 
28.5 	The commissioner may contract for services 
28.6 	only if they cannot otherwise be provided 
28.7 	by the department. If the commissioner 
28.8 	contracts for services with this appropriation 
28.9 	and any of the work done under the contract 
28.10 	will be done outside of the United States, the 
28.11 	commissioner must report to the chairs of the 
28.12 	house of representatives and senate finance 
28.13 	committees on the proposed contract at least 
28.14 	30 days before entering into the contract. The 
28.15 	report must include an analysis of why the 
28.16 	contract with the selected contractor provides 
28.17 	the state with "best value," as defined in 
28.18 	Minnesota Statutes, section 16C.02; any 
28.19 	alternatives to the selected contractor that 
28.20 	were considered; what data will be provided 
28.21 	to the contractor, including the data that 
28.22 	will be transmitted outside of the United 
28.23 	States; what security measures will be 
28.24 	taken to ensure that the data is treated in 
28.25 	accordance with the Minnesota Government 
28.26 	Data Practices Act; and what remedies will 
28.27 	be available to the state if the data is not 
28.28 	treated in accordance with the Minnesota 
28.29 	Government Data Practices Act.
28.30 	(f) $225,000 the first year and $225,000 
28.31 	the second year are to adopt rules for the 
28.32 	Mississippi River corridor critical area 
28.33 	under Minnesota Statutes, section 116G.15. 
28.34 	The commissioner shall begin rulemaking 
28.35 	under chapter 14 no later than January 15, 
28.36 	2010. At least 30 days prior to beginning 
29.1 	the rulemaking, the commissioner shall 
29.2 	notify local units of government within the 
29.3 	Mississippi River corridor critical area of 
29.4 	the intent to adopt rules. The local units of 
29.5 	government shall make reasonable efforts to 
29.6 	notify the public of the contact information 
29.7 	for the appropriate department staff. The 
29.8 	commissioner shall maintain an e-mail 
29.9 	list of interested parties to provide timely 
29.10 	information about the proposed schedule 
29.11 	for rulemaking, opportunities for public 
29.12 	comment, and contact information for the 
29.13 	appropriate department staff.
29.14 	(g) $1,875,000 the second year is 
29.15 	to investigate physical and recharge 
29.16 	characteristics as part of the collection 
29.17 	and interpretation of subsurface geological 
29.18 	information and acceleration of the county 
29.19 	geologic atlas program. This appropriation 
29.20 	represents a continuing effort to complete 
29.21 	the county geologic atlases throughout the 
29.22 	state in order to provide information and 
29.23 	assist in planning for the sustainable use 
29.24 	of ground and surface water that does not 
29.25 	harm ecosystems, degrade water quality, or 
29.26 	compromise the ability of future generations 
29.27 	to meet their own needs. This appropriation 
29.28 	is available until December 31, 2014.

29.29
29.30	Sec. 6. BOARD OF WATER AND SOIL 
RESOURCES
 	$
	7,000,000
	$
	18,424,000
	
29.31 	(a) $1,500,000 the first year and $5,000,000 
29.32 	the second year are to purchase and restore 
29.33 	permanent conservation easements on 
29.34 	riparian buffers of up to 100 feet adjacent 
29.35 	to public waters, excluding wetlands, to 
30.1 	keep water on the land in order to decrease 
30.2 	sediment, pollutant and nutrient transport, 
30.3 	reduce hydrologic impacts to surface waters, 
30.4 	and increase infiltration for groundwater 
30.5 	recharge. The riparian buffers must be 
30.6 	at least 50 feet unless there is a natural 
30.7 	impediment, a road, or other impediment 
30.8 	beyond the control of the landowner. This 
30.9 	appropriation may be used for restoration 
30.10 	of riparian buffers protected by easements 
30.11 	purchased with this appropriation and for 
30.12 	stream bank restorations when the riparian 
30.13 	buffers have been restored. Up to five 
30.14 	percent may be used for administration of 
30.15 	this program.
30.16 	(b) $1,500,000 the first year and $4,424,000 
30.17 	the second year are for grants to watershed 
30.18 	districts and watershed management 
30.19 	organizations for: (i) structural or vegetative 
30.20 	management practices that reduce storm 
30.21 	water runoff from developed or disturbed 
30.22 	lands to reduce the movement of sediment, 
30.23 	nutrients, and pollutants or to leverage 
30.24 	federal funds for restoration, protection, or 
30.25 	enhancement of water quality in lakes, rivers, 
30.26 	and streams and to protect groundwater 
30.27 	and drinking water; and (ii) the installation 
30.28 	of proven and effective water retention 
30.29 	practices including, but not limited to, rain 
30.30 	gardens and other vegetated infiltration 
30.31 	basins and sediment control basins in order 
30.32 	to keep water on the land. The projects 
30.33 	must be of long-lasting public benefit, 
30.34 	include a local match, and be consistent with 
30.35 	TMDL implementation plans or local water 
30.36 	management plans. Watershed district and 
31.1 	watershed management organization staff 
31.2 	and administration may be used for local 
31.3 	match. Priority may be given to school 
31.4 	projects that can be used to demonstrate 
31.5 	water retention practices. Up to five percent 
31.6 	may be used for administering the grants.
31.7 	(c) $1,500,000 the first year and $4,500,000 
31.8 	the second year are for nonpoint source 
31.9 	pollution reduction and restoration 
31.10 	grants to watershed districts, watershed 
31.11 	management organizations, and soil and 
31.12 	water conservation districts for grants in 
31.13 	addition to grants available under paragraphs 
31.14 	(a) and (b) to keep water on the land and 
31.15 	to protect, enhance, and restore water 
31.16 	quality in lakes, rivers, and streams, and 
31.17 	to protect groundwater and drinking water. 
31.18 	The projects must be of long-lasting public 
31.19 	benefit, include a local match, and be 
31.20 	consistent with TMDL implementation plans 
31.21 	or local water management plans. Up to five 
31.22 	percent may be used for administering the 
31.23 	grants.
31.24 	(d) $500,000 the first year and $1,500,000 the 
31.25 	second year are for permanent conservation 
31.26 	easements on wellhead protection areas 
31.27 	under Minnesota Statutes, section 103F.515, 
31.28 	subdivision 2, paragraph (d). Priority must 
31.29 	be placed on land that is located where 
31.30 	the vulnerability of the drinking water 
31.31 	supply management area, as defined under 
31.32 	Minnesota Rules, part 4720.5100, subpart 
31.33 	13, is designated as high or very high by the 
31.34 	commissioner of health.
32.1 	(e) $1,000,000 the first year and $2,000,000 
32.2 	the second year are for feedlot water quality 
32.3 	improvement grants for feedlots under 300 
32.4 	animal units on riparian land, to include 
32.5 	water quality assessment to determine the 
32.6 	effectiveness of the grants in protecting, 
32.7 	enhancing, and restoring water quality in 
32.8 	lakes, rivers, and streams, and in protecting 
32.9 	groundwater from degradation.
32.10 	(f) $1,000,000 the first year and $1,000,000 
32.11 	the second year are for grants to implement 
32.12 	stream bank, stream channel, and lakeshore, 
32.13 	line protection, and restoration projects to 
32.14 	protect water quality.
32.15 	The board shall contract for services with 
32.16 	the Minnesota Conservation Corps for 
32.17 	restoration, maintenance, and other activities 
32.18 	under this section for at least $500,000 the 
32.19 	first year and $500,000 the second year.
32.20 	The board may shift grant or cost-share funds 
32.21 	in this section and may adjust the technical 
32.22 	and administrative assistance portion of the 
32.23 	funds to leverage federal or other nonstate 
32.24 	funds or to address oversight responsibilities 
32.25 	or high-priority needs identified in local 
32.26 	water management plans.
32.27 	The board shall give priority consideration 
32.28 	to projects and practices that complement, 
32.29 	supplement, or exceed current state standards 
32.30 	for protection, enhancement, and restoration 
32.31 	of water quality in lakes, rivers, and streams 
32.32 	or that protect groundwater from degradation.
32.33 	To the extent possible, any restoration 
32.34 	conducted with money appropriated in this 
32.35 	section must plant vegetation or sow seed 
33.1 	only of ecotypes native to Minnesota, and 
33.2 	preferably of the local ecotype, using a high 
33.3 	diversity of species originating from as 
33.4 	close to the restoration site as possible, and 
33.5 	protect existing native prairies from genetic 
33.6 	contamination.
33.7 	The board shall submit a report on the 
33.8 	expenditure and use of money appropriated 
33.9 	under this section to the chairs of the house 
33.10 	of representatives and senate committees 
33.11 	with jurisdiction over environment and 
33.12 	natural resources and environment and 
33.13 	natural resources finance by March 1 of 
33.14 	each year. The report must provide detail 
33.15 	on: the expenditure of funds, including 
33.16 	maps; the effectiveness of the expenditures 
33.17 	in protecting, enhancing, and restoring water 
33.18 	quality in lakes, rivers, and streams and 
33.19 	protecting groundwater from degradation; 
33.20 	and the effectiveness of the expenditures in 
33.21 	keeping water on the land.

33.22	Sec. 7. DEPARTMENT OF HEALTH
 	$
	1,250,000
	$
	2,500,000
	
33.23 	(a) $805,000 the first year and $1,610,000 
33.24 	the second year are for protection of drinking 
33.25 	water sources, including assisting 30 or 
33.26 	more communities in fiscal year 2010 and 
33.27 	60 or more communities in fiscal year 2011 
33.28 	with the development and implementation 
33.29 	of community source water protection plans 
33.30 	before new community wells are installed, 
33.31 	and awarding ten or more communities in 
33.32 	fiscal year 2010 and 20 or more communities 
33.33 	in fiscal year 2011 with source water 
33.34 	protection implementation grants.
34.1 	(b) $445,000 the first year and $890,000 
34.2 	the second year are for addressing public 
34.3 	health concerns related to contaminants 
34.4 	found in Minnesota drinking water for which 
34.5 	no health-based drinking water standard 
34.6 	exists. The commissioner shall characterize 
34.7 	and issue health-based guidance for three or 
34.8 	more additional unregulated drinking water 
34.9 	contaminants in fiscal year 2010, and seven 
34.10 	or more additional unregulated drinking 
34.11 	water contaminants in fiscal year 2011.

34.12	Sec. 8. UNIVERSITY OF MINNESOTA
 	$
	750,000
	$
	820,000
	
34.13 	(a) $820,000 the second year is for the 
34.14 	geological survey to continue and to initiate 
34.15 	the production of county geologic atlases. 
34.16 	This appropriation represents a continuing 
34.17 	effort to complete the county geologic atlases 
34.18 	throughout the state in order to provide 
34.19 	information and assist in planning for the 
34.20 	sustainable use of ground and surface water 
34.21 	that does not harm ecosystems, degrade 
34.22 	water quality, or compromise the ability 
34.23 	of future generations to meet their own 
34.24 	needs. This appropriation is available until 
34.25 	December 31, 2014.
34.26 	(b) $750,000 the first year is to develop the 
34.27 	comprehensive statewide sustainable water 
34.28 	resources ten-year plan and 25-year detailed 
34.29 	framework in article 5.

34.30	Sec. 9. LEGISLATURE
 	$
	117,000
	$
	165,000
	
34.31 	(a) $54,000 the first year and $36,000 
34.32 	the second year are for the Legislative 
34.33 	Coordinating Commission to fulfill the duties 
35.1 	as required under Minnesota Statutes, section 
35.2 	3.303, subdivision 10.
35.3 	(b) $63,000 the first year and $63,000 the 
35.4 	second year are for the legislative auditor to 
35.5 	conduct restoration audits under Minnesota 
35.6 	Statutes, section 3.971, subdivision 9, and 
35.7 	$66,000 the second year is for program and 
35.8 	financial audits.

35.9 	Sec. 10. Minnesota Statutes 2008, section 17.117, subdivision 11a, is amended to read:
35.10 		Subd. 11a.Eligible projects. All projects that remediate or mitigate adverse 
35.11 	environmental impacts are eligible if:
35.12 	(1) the project is eligible under the allocation agreement and funding sources 
35.13 	designated by the local government unit to finance the project; and
35.14 	(2) manure management projects remediate or mitigate impacts from facilities with 
35.15 	less than 1,000 animal units as defined in Minnesota Rules, chapter 7020.
35.16 	The purchase of variable rate fertilizer application machinery or equipment is an 
35.17 	eligible project if the machinery or equipment is capable of precision-applying three 
35.18 	or more products simultaneously and the person commits to using the machinery or 
35.19 	equipment in this state for at least five years. The maximum loan amount for this purpose 
35.20 	is $100,000.

35.21 	Sec. 11. Minnesota Statutes 2008, section 103F.515, subdivision 2, is amended to read:
35.22 		Subd. 2.Eligible land. (a) Land may be placed in the conservation reinvest in 
35.23 	Minnesota reserve program if the land meets the requirements of paragraphs (b) and 
35.24 	(c) or paragraph (d).
35.25 	(b) Land is eligible if the land:
35.26 	(1) is marginal agricultural land;
35.27 	(2) is adjacent to marginal agricultural land and is either beneficial to resource 
35.28 	protection or necessary for efficient recording of the land description;
35.29 	(3) consists of a drained wetland;
35.30 	(4) is land that with a windbreak or water quality improvement practice would be 
35.31 	beneficial to resource protection;
35.32 	(5) is land in a sensitive groundwater area;
35.33 	(6) is riparian land;
36.1 	(7) is cropland or noncropland adjacent to restored wetlands to the extent of up to 
36.2 	four acres of cropland or one acre of noncropland for each acre of wetland restored;
36.3 	(8) is a woodlot on agricultural land;
36.4 	(9) is abandoned building site on agricultural land, provided that funds are not used 
36.5 	for compensation of the value of the buildings; or
36.6 	(10) is land on a hillside used for pasture that is marginal in nature.
36.7 	(c) Eligible land under paragraph (a) must:
36.8 	(1) be owned by the landowner, or a parent or other blood relative of the landowner, 
36.9 	for at least one year before the date of application;
36.10 	(2) be at least five acres in size, except for a drained wetland area, riparian area, 
36.11 	windbreak, woodlot, wellhead protection area, or abandoned building site, or be a whole 
36.12 	field as defined by the United States Agricultural Stabilization and Conservation Services;
36.13 	(3) not be set aside, enrolled or diverted under another federal or state government 
36.14 	program unless enrollment in the conservation reinvest in Minnesota reserve program 
36.15 	would provide additional conservation benefits or a longer term of enrollment than under 
36.16 	the current federal or state program; and
36.17 	(4) have been in agricultural crop production for at least two of the last five 
36.18 	years before the date of application except drained wetlands, riparian lands, woodlots, 
36.19 	abandoned building sites, environmentally sensitive areas, wellhead protection areas, or 
36.20 	land on a hillside used for pasture.
36.21 	(d) In selecting drained wetlands for enrollment in the program, the highest priority 
36.22 	must be given to wetlands with a cropping history during the period 1976 to 1985. Land 
36.23 	is eligible if the land is a wellhead protection area as defined under section 103I.005, 
36.24 	subdivision 24, and has a wellhead protection plan approved by the commissioner of 
36.25 	health.
36.26 	(e) In selecting land for enrollment in the program, highest priority must be given to 
36.27 	permanent easements that are consistent with the purposes stated in section 103F.505.

36.28 	Sec. 12. Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read:
36.29 		Subd. 4.Nature of property rights acquired. (a) A conservation easement must 
36.30 	prohibit:
36.31 	(1) alteration of wildlife habitat and other natural features, unless specifically 
36.32 	approved by the board;
36.33 	(2) agricultural crop production and livestock grazing, unless specifically approved 
36.34 	by the board for wildlife conservation management purposes; and
37.1 	(3) grazing of livestock except, for agreements entered before the effective date of 
37.2 	Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the 
37.3 	board after consultation with the commissioner of natural resources, in the case of severe 
37.4 	drought, or a local emergency declared under section 12.29; and
37.5 	(4) (3) spraying with chemicals or mowing, except:
37.6 	(i) as necessary to comply with noxious weed control laws or;
37.7 	(ii) for emergency control of pests necessary to protect public health; or
37.8 	(iii) as approved by the board for conservation management purposes.
37.9 	(b) A conservation easement is subject to the terms of the agreement provided in 
37.10 	subdivision 5.
37.11 	(c) A conservation easement must allow repairs, improvements, and inspections 
37.12 	necessary to maintain public drainage systems provided the easement area is restored to 
37.13 	the condition required by the terms of the conservation easement.
37.14 	(d) Notwithstanding paragraph (a), the board must permit the harvest of native 
37.15 	grasses for use in seed production or bioenergy on wellhead protection lands eligible 
37.16 	under subdivision 2, paragraph (d).

37.17 	Sec. 13. [116.201] COAL TAR.
37.18 	A state agency may not purchase undiluted coal tar sealant. For the purposes of this 
37.19 	section, "undiluted coal tar sealant" means a sealant material containing coal tar that 
37.20 	has not been mixed with asphalt and is for use on asphalt surfaces, including driveways 
37.21 	and parking lots.

37.22 	EFFECTIVE DATE. This section is effective July 1, 2010.

37.23 	Sec. 14. Minnesota Statutes 2008, section 116G.15, is amended to read:
37.24 	116G.15 MISSISSIPPI RIVER CORRIDOR CRITICAL AREA.
37.25 		Subdivision 1.Establishment; purpose. (a) The federal Mississippi National 
37.26 	River and Recreation Area established pursuant to United States Code, title 16, section 
37.27 	460zz-2(k), is designated an area of critical concern in accordance with this chapter. The 
37.28 	governor shall review the existing Mississippi River critical area plan and specify any 
37.29 	additional standards and guidelines to affected communities in accordance with section 
37.30 	116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of 
37.31 	the area pending the completion of the federal plan.The purpose of the designation is to:
37.32 	(1) protect and preserve the Mississippi River and adjacent lands that the legislature 
37.33 	finds to be unique, valuable, and dynamic and environmental state and regional resources 
38.1 	for the benefit of the health, safety, and welfare of the citizens of the state, region, and 
38.2 	nation;
38.3 	(2) prevent and mitigate irreversible damages to the natural resources listed under 
38.4 	clause (1);
38.5 	(3) preserve and enhance the natural, aesthetic, cultural, recreational, and historical 
38.6 	values of the Mississippi River and its corridor for public use and benefit;
38.7 	(4) protect and preserve the Mississippi River and its corridor as an essential element 
38.8 	in the national, state, and regional transportation, sewer and water, and recreational 
38.9 	systems; and
38.10 	(5) protect and preserve the biological and ecological functions of the Mississippi 
38.11 	River and its corridor.
38.12 	The results of an environmental impact statement prepared under chapter 116D 
38.13 	begun before and completed after July 1, 1994, for a proposed project that is located in 
38.14 	the Mississippi River critical area north of the United States Army Corps of Engineers 
38.15 	Lock and Dam Number One must be submitted in a report to the chairs of the environment 
38.16 	and natural resources policy and finance committees of the house of representatives 
38.17 	and the senate prior to the issuance of any state or local permits and the authorization 
38.18 	for an issuance of any bonds for the project. A report made under this paragraph shall 
38.19 	be submitted by the responsible governmental unit that prepared the environmental 
38.20 	impact statement, and must list alternatives to the project that are determined by the 
38.21 	environmental impact statement to be economically less expensive and environmentally 
38.22 	superior to the proposed project and identify any legislative actions that may assist in the 
38.23 	implementation of environmentally superior alternatives. This paragraph does not apply 
38.24 	to a proposed project to be carried out by the Metropolitan Council or a metropolitan 
38.25 	agency as defined in section 473.121.
38.26 	(b) If the results of an environmental impact statement required to be submitted by 
38.27 	paragraph (a) indicate that there is an economically less expensive and environmentally 
38.28 	superior alternative, then no member agency of the Environmental Quality Board shall 
38.29 	issue a permit for the facility that is the subject of the environmental impact statement, 
38.30 	other than an economically less expensive and environmentally superior alternative, 
38.31 	nor shall any government bonds be issued for the facility, other than an economically 
38.32 	less expensive and environmentally superior alternative, until after the legislature has 
38.33 	adjourned its regular session sine die in 1996.
38.34 		Subd. 2.Administration; rules. (a) The commissioner of natural resources may 
38.35 	adopt rules under chapter 14 as necessary for the administration of the Mississippi 
38.36 	River corridor critical area program. Duties of the Environmental Quality Council or 
39.1 	the Environmental Quality Board referenced in this chapter and related rules and in the 
39.2 	governor's executive order number 79-19, published in the State Register on March 12, 
39.3 	1979, related to the Mississippi River corridor critical area shall be the duties of the 
39.4 	commissioner. All rules adopted by the board pursuant to these duties remain in effect 
39.5 	and shall be enforced until amended or repealed by the commissioner in accordance with 
39.6 	law. The commissioner shall work in consultation with the United States Army Corps 
39.7 	of Engineers, the National Park Service, the Metropolitan Council, other agencies, local 
39.8 	units of government, and other interested parties to ensure that the Mississippi River 
39.9 	corridor critical area is managed in a way that:
39.10 	(1) conserves the scenic, environmental, recreational, mineral, economic, cultural, 
39.11 	and historic resources and functions of the river corridor;
39.12 	(2) maintains the river channel for transportation by providing and maintaining 
39.13 	barging and fleeting areas in appropriate locations consistent with the character of the 
39.14 	Mississippi River and riverfront;
39.15 	(3) provides for the continuation and development of a variety of urban uses, 
39.16 	including industrial and commercial uses, and residential uses, where appropriate, within 
39.17 	the Mississippi River and its corridor;
39.18 	(4) utilizes certain reaches of the river as a source of water supply and for receiving 
39.19 	wastewater effluents and discharges that meet all applicable standards; and
39.20 	(5) protects and preserves the biological and ecological functions of the Mississippi 
39.21 	River and its corridor.
39.22 	(b) The Metropolitan Council shall incorporate the standards developed under 
39.23 	this section into its planning and shall work with local units of government and the 
39.24 	commissioner to ensure the standards are being adopted and implemented appropriately.
39.25 		Subd. 3.Districts. The commissioner shall establish districts within the Mississippi 
39.26 	River corridor critical area. The commissioner must seek to minimize the number of 
39.27 	districts within any one municipality and take into account existing ordinances. The 
39.28 	commissioner shall consider the following when establishing the districts:
39.29 	(1) the protection of the major features of the river in existence as of March 12, 1979;
39.30 	(2) the protection of improvements such as parks, trails, natural areas, recreational 
39.31 	areas, and interpretive centers;
39.32 	(3) the use of the Mississippi River as a source of drinking water;
39.33 	(4) the protection of resources identified in the Mississippi National River and 
39.34 	Recreation Area Comprehensive Management Plan;
39.35 	(5) the protection of resources identified in comprehensive plans developed by 
39.36 	counties, cities, and towns within the Mississippi River corridor critical area;
40.1 	(6) the intent of the Mississippi River corridor critical area land use districts from 
40.2 	the governor's executive order number 79-19, published in the State Register on March 
40.3 	12, 1979; and
40.4 	(7) identified scenic, geologic, and ecological resources.
40.5 		Subd. 4.Standards. (a) The commissioner shall establish minimum guidelines and 
40.6 	standards for the districts established in subdivision 3. The guidelines and standards 
40.7 	for each district shall include the intent of each district, key resources, and features to 
40.8 	be protected or enhanced based upon paragraph (b), permitted uses, and dimensional 
40.9 	and performance standards for development. The commissioner must take into account 
40.10 	existing ordinances when developing the guidelines and standards under this section. The 
40.11 	commissioner may provide certain exceptions and criteria for standards, including, but 
40.12 	not limited to, exceptions for river access facilities, water supply facilities, storm water 
40.13 	facilities, wastewater treatment facilities, and hydropower facilities.
40.14 	(b) The guidelines and standards must protect or enhance the following key 
40.15 	resources and features:
40.16 	(1) floodplains;
40.17 	(2) wetlands;
40.18 	(3) gorges;
40.19 	(4) areas of confluence with key tributaries;
40.20 	(5) natural drainage routes;
40.21 	(6) shorelines and riverbanks;
40.22 	(7) bluffs;
40.23 	(8) steep slopes and very steep slopes;
40.24 	(9) unstable soils and bedrock;
40.25 	(10) significant existing vegetative stands, tree canopies, and native plant 
40.26 	communities;
40.27 	(11) scenic views and vistas;
40.28 	(12) publicly owned parks, trails, and open spaces;
40.29 	(13) cultural and historic sites and structures; and
40.30 	(14) water quality.
40.31 	(c) The commissioner shall establish a map to define bluffs and bluff-related features 
40.32 	within the Mississippi River corridor critical area. At the outset of the rulemaking process, 
40.33 	the commissioner shall create a preliminary map of all the bluffs and bluff lines within 
40.34 	the Mississippi River corridor critical area, based on the guidelines in paragraph (d). The 
40.35 	rulemaking process shall provide an opportunity to refine the preliminary bluff map. The 
40.36 	commissioner may add to or remove areas of demonstrably unique or atypical conditions 
41.1 	that warrant special protection or exemption. At the end of the rulemaking process, the 
41.2 	commissioner shall adopt a final bluff map that contains associated features, including 
41.3 	bluff lines, bases of bluffs, steep slopes, and very steep slopes.
41.4 	(d) The following guidelines shall be used by the commissioner to create a 
41.5 	preliminary bluff map as part of the rulemaking process:
41.6 	(1) "bluff face" or "bluff" means the area between the bluff line and the bluff base. A 
41.7 	bluff is a high, steep, natural topographic feature such as a broad hill, cliff, or embankment 
41.8 	with a slope of 18 percent or greater and a vertical rise of at least ten feet between the bluff 
41.9 	base and the bluff line;
41.10 	(2) "bluff line" means a line delineating the top of a slope connecting the points 
41.11 	at which the slope becomes less than 18 percent. More than one bluff line may be 
41.12 	encountered proceeding upslope from the river valley;
41.13 	(3) "bluff base" means a line delineating the bottom of a slope connecting the points 
41.14 	at which the slope becomes 18 percent or greater. More than one bluff base may be 
41.15 	encountered proceeding landward from the water;
41.16 	(4) "steep slopes" means 12 percent to 18 percent slopes. Steep slopes are natural 
41.17 	topographic features with an average slope of 12 to 18 percent measured over a horizontal 
41.18 	distance of 50 feet or more; and
41.19 	(5) "very steep slopes" means slopes 18 percent or greater. Very steep slopes are 
41.20 	natural topographic features with an average slope of 18 percent or greater, measured over 
41.21 	a horizontal distance of 50 feet or more.
41.22 		Subd. 5.Application. The standards established under this section shall be used:
41.23 	(1) by local units of government when preparing or updating plans or modifying 
41.24 	regulations;
41.25 	(2) by state and regional agencies for permit regulation and in developing plans 
41.26 	within their jurisdiction;
41.27 	(3) by the Metropolitan Council for reviewing plans and regulations; and
41.28 	(4) by the commissioner when approving plans and regulations, and reviewing 
41.29 	development permit applications.
41.30 		Subd. 6.Notification; fees. (a) A local unit of government or a regional or state 
41.31 	agency shall notify the commissioner of natural resources of all developments in the 
41.32 	corridor that require discretionary actions under their rules at least ten days before taking 
41.33 	final action on the application. The commissioner may establish exemptions from the 
41.34 	notification requirement for certain types of applications. For purposes of this section, a 
41.35 	discretionary action includes all actions that require a public hearing, including variances, 
41.36 	conditional use permits, and zoning amendments.
42.1 	(b) The commissioner shall recover costs of reviewing information submitted under 
42.2 	paragraph (a). Amounts collected under this paragraph must be credited to an account in 
42.3 	the natural resources fund and are appropriated to the commissioner.
42.4 		Subd. 7.Rules. The commissioner shall adopt rules to ensure compliance with this 
42.5 	section. By January 15, 2010, the commissioner shall begin the rulemaking required 
42.6 	by this section under chapter 14. Until the rules required under this section take effect, 
42.7 	the commissioner shall administer the Mississippi River corridor critical area program 
42.8 	in accordance with the governor's executive order number 79-19, published in the State 
42.9 	Register on March 12, 1979.

42.10 	Sec. 15. COAL TAR; NOTIFICATION, INVENTORY, AND BEST 
42.11 	MANAGEMENT PRACTICES.
 42.12 	(a) By January 15, 2010, the commissioner of the Pollution Control Agency shall 
42.13 	notify state agencies and local units of government of the potential for contamination of 
42.14 	constructed storm water ponds and wetlands or natural ponds used for the collection 
42.15 	of storm water via constructed conveyances with polycyclic aromatic hydrocarbons 
42.16 	from the use of coal tar sealant products. For the purpose of this section, a storm water 
42.17 	pond is a treatment pond constructed and operated for water quality treatment, storm 
42.18 	water detention, and flood control. Storm water ponds do not include areas of temporary 
42.19 	ponding, such as ponds that exist only during a construction project or short-term 
42.20 	accumulations of water in road ditches.
42.21 	(b) By January 15, 2010, the commissioner of the Pollution Control Agency shall 
42.22 	establish a schedule and information requirements for state agencies and local units of 
42.23 	government regulated under a national pollutant discharge elimination system or state 
42.24 	disposal system permit for municipal separate storm sewer systems to report to the 
42.25 	commissioner of the Pollution Control Agency on all storm water ponds and other waters 
42.26 	defined in paragraph (a) located within their jurisdiction.
42.27 	(c) The commissioner of the Pollution Control Agency shall develop best 
42.28 	management practices for state agencies and local units of government regulated under 
42.29 	a national pollutant discharge elimination system or state disposal system permit for 
42.30 	municipal separate storm sewer systems treating or cleaning up contaminated sediments 
42.31 	in storm water ponds and other waters defined under paragraph (a) and make the best 
42.32 	management practices available on the agency's Web site. As part of the development of 
42.33 	the best management practices, the commissioner shall:
43.1 	(1) sample a set of storm water pond sediments in residential, commercial, and 
43.2 	industrial areas for polycyclic aromatic hydrocarbons and other contaminants of potential 
43.3 	concern;
43.4 	(2) investigate the feasibility of screening methods to provide more cost-effective 
43.5 	analytical results and to identify which kinds of ponds are likely to have the highest 
43.6 	concentrations of polycyclic aromatic hydrocarbons; and
43.7 	(3) develop guidance on testing, treatment, removal, and disposal of polycyclic 
43.8 	aromatic hydrocarbon contaminated sediments.
43.9 	(d) The commissioner of the Pollution Control Agency shall incorporate the 
43.10 	requirements for inventory and best management practices specified in paragraphs (b) and 
43.11 	(c) into the next permitting cycle for the national pollutant discharge elimination system or 
43.12 	state disposal system permit for municipal separate storm sewer systems.

43.13 	Sec. 16. ENDOCRINE-DISRUPTOR MONITORING.
 43.14 	(a) The commissioner of the Pollution Control Agency shall establish a network of 
43.15 	water monitoring sites in public waters adjacent to wastewater treatment facilities across 
43.16 	the state to assess levels of endocrine disrupting compounds, antibiotic compounds, and 
43.17 	pharmaceuticals.
43.18 	(b) Each of the monitoring sites must provide enhanced monitoring of the effluent 
43.19 	at the discharge point of the wastewater treatment facility and monitoring of the public 
43.20 	waters above and below the discharge point.
43.21 	(c) The monitoring sites must be located throughout the state, represent a variety of 
43.22 	wastewater treatment facility sizes based on the number of gallons of water discharged per 
43.23 	day, and represent a variety of waste treatment systems used for primary, secondary, and 
43.24 	tertiary disinfecting treatment and management of biosolids.
43.25 	(d) In establishing the monitoring network, the commissioner of the Pollution 
43.26 	Control Agency must consult with the commissioners of health and natural resources, the 
43.27 	United States Geological Survey, the Metropolitan Council, local wastewater treatment 
43.28 	facility operators, and the Water Resources Center at the University of Minnesota. 
43.29 	Consideration may be given to monitoring sites at facilities identified as part of a total 
43.30 	maximum daily load study and facilities located on a water body identified for enhanced 
43.31 	protection. The initial monitoring network must include at least ten sites.
43.32 	(e) Monitoring must include, but is not limited to, endocrine-disrupting compounds 
43.33 	from natural and synthetic hormones, pharmaceuticals, personal care products, and 
43.34 	a range of industrial products and by-products. At a minimum, concentrations of 
43.35 	estrone, nonylphenol, bisphenol-A, 17-beta-estradiol, 17-alpha-ethynylestradiol, estriol, 
44.1 	and antibacterial triclosan must be monitored. Additional compounds, antibacterial 
44.2 	compounds, and pharmaceuticals potentially impacting human health and aquatic 
44.3 	communities may be considered for identification and monitoring including, but not 
44.4 	limited to, nonylphenol ethoxylates, octylphenol, and octylphenol ethoxylates; the 
44.5 	hormones androstenedione, trenbelone, and diethylphthalate; antidepressant medications, 
44.6 	including fluoxetine and fluvoxamine; carbamazepine; and triclocarban.
44.7 	(f) The commissioner of the Pollution Control Agency shall begin the monitoring 
44.8 	and testing required under this section no later than November 1, 2009. Information 
44.9 	about requirements under this section and the results from the monitoring and testing 
44.10 	must be available on the agency's Web site by June 1, 2010. The commissioner shall 
44.11 	submit a preliminary report on the results of the monitoring and testing to the chairs of the 
44.12 	legislative committees with jurisdiction over environment and natural resources policy 
44.13 	and finance by April 15, 2010, and a final report no later than January 15, 2011.

44.14 	ARTICLE 3
44.15 	PARKS AND TRAILS FUND

44.16	Section 1. PARKS AND TRAILS FUND APPROPRIATIONS.
 	
44.17 	The sums shown in the columns marked "Appropriations" are appropriated to 
44.18 	the agencies and for the purposes specified in this article. The appropriations are from 
44.19 	the parks and trails fund, or another named fund, and are available for the fiscal years 
44.20 	indicated for each purpose. The figures "2010" and "2011" used in this article mean that 
44.21 	the appropriations listed under them are available for the fiscal year ending June 30, 2010, 
44.22 	or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is 
44.23 	fiscal year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the 
44.24 	fiscal year ending June 30, 2009, are effective the day following final enactment. All 
44.25 	appropriations in this article are onetime only.

44.26				APPROPRIATIONS
	
44.27				Available for the Year
	
44.28				Ending June 30
	
44.29					2010
		2011

44.30	Sec. 2. NATURAL RESOURCES
 	$
	10,399,000
	$
	21,257,000
	
44.31 	(a) $6,749,000 the first year and $14,807,000 
44.32 	the second year are to:
44.33 	(1) connect people to the outdoors by 
44.34 	providing access, conservation education, 
45.1 	and interpretative services with a goal 
45.2 	of attracting 350,000 additional visitors 
45.3 	to state parks, recreation areas, forest 
45.4 	campgrounds, and trails by the end of the 
45.5 	biennium, reaching 25 percent of all state 
45.6 	parks and trails visitors through education 
45.7 	programming, including conducting at least 
45.8 	500 conservation education programs, by:
45.9 	(i) enhancing marketing and technology 
45.10 	to target new audiences and provide new 
45.11 	opportunities to engage citizens, including 
45.12 	enhancements to the department's Web 
45.13 	site, community assistance, and volunteer 
45.14 	coordination and enhancement;
45.15 	(ii) increasing the number of naturalist 
45.16 	interns from 18 to 30 each year under the 
45.17 	new Minnesota Naturalist Corps established 
45.18 	under Minnesota Statutes, section 84.992;
45.19 	(iii) adding eight new full-time 
45.20 	equivalent naturalists to provide expanded 
45.21 	programming, with a focus on families and 
45.22 	children;
45.23 	(iv) opening or reopening visitor centers at 
45.24 	Lake Bronson, Blue Mounds, St. Croix, and 
45.25 	Grand Portage State Parks and expanding 
45.26 	visitor center hours at additional high profile 
45.27 	parks;
45.28 	(v) advancing new conservation education 
45.29 	delivery methods reaching new and younger 
45.30 	audiences with 50 new MP3 audio trail 
45.31 	guides, educational touch screen computers, 
45.32 	podcasts, and videocasts;
45.33 	(vi) constructing information centers and 
45.34 	kiosks in state parks, including: a pilot 
45.35 	project to construct information centers 
46.1 	that include self-registration equipment and 
46.2 	touch screen displays; electronic information 
46.3 	kiosks that include touch screen displays; and 
46.4 	information kiosks near campgrounds and 
46.5 	day use areas used to display maps, policies, 
46.6 	and other information;
46.7 	(vii) providing interpretive services for 
46.8 	state trails, including at least five new 
46.9 	kiosks, signage, updating five trail maps, 
46.10 	and developing three new resource-oriented 
46.11 	brochures;
46.12 	(viii) producing a new state map integrating 
46.13 	state parks, recreation areas, forest 
46.14 	campgrounds, trails, and regional park and 
46.15 	trail facilities; and
46.16 	(ix) enhancing cross-country skiing in at 
46.17 	least ten state parks, recreation areas, forest 
46.18 	campgrounds, or trails;
46.19 	(2) accelerate natural resource management, 
46.20 	restoration, and protection activities at state 
46.21 	parks, including:
46.22 	(i) restoring at least 700 additional acres of 
46.23 	state park land;
46.24 	(ii) conducting invasive species detection, 
46.25 	prevention, and response activities on at least 
46.26 	4,000 acres of state park lands and waters 
46.27 	and reestablishing native plants, shrubs, and 
46.28 	trees after invasive species removal;
46.29 	(iii) providing rapid response to terrestrial 
46.30 	and aquatic new invasive species detections 
46.31 	and infestations on state park lands and 
46.32 	waters and state trails;
46.33 	(iv) conducting prescribed burns on an 
46.34 	additional 6,000 acres; and
47.1 	(v) restoring and managing native prairies 
47.2 	and woodlands along at least six percent of 
47.3 	the developed miles of state trails, including 
47.4 	removing invasive species;
47.5 	(3) accelerate facility maintenance and 
47.6 	rehabilitation by:
47.7 	(i) upgrading at least three percent of 
47.8 	facilities in overnight and day use areas;
47.9 	(ii) improving access to parks and trails 
47.10 	systems for visitors of all ability levels at no 
47.11 	fewer than 15 sites each year;
47.12 	(iii) enhancing the trail surface of at least 
47.13 	100 miles of state trails, resurfacing 20 to 40 
47.14 	miles of state trails, repairing six to ten trail 
47.15 	bridges, and replacing two to four bridges; 
47.16 	and
47.17 	(iv) rehabilitating and renewing trails in 
47.18 	state parks, recreation areas, or forest 
47.19 	campgrounds for hiking, biking, and 
47.20 	horseback riding at the rate of at least four 
47.21 	percent per year; and
47.22 	(4) accelerate facility energy conservation 
47.23 	by increasing energy conservation 
47.24 	and operations, promoting new 
47.25 	conservation-based energy sources, 
47.26 	reducing energy costs and installing solar 
47.27 	energy equipment, including solar thermal 
47.28 	energy equipment, as part of the following 
47.29 	projects:
47.30 	(i) the design and installation of sustainable 
47.31 	energy features, including the use of solar 
47.32 	energy, at a new campground in Split Rock 
47.33 	Lighthouse State Park;
48.1 	(ii) the installation of solar energy equipment 
48.2 	to power a new sanitation building and 
48.3 	campsites in St. Croix State Park;
48.4 	(iii) the installation of solar energy equipment 
48.5 	to power sanitation buildings and campsites 
48.6 	at the Pine Ridge Campground in Itasca State 
48.7 	Park;
48.8 	(iv) the installation of solar power equipment 
48.9 	for educational demonstration projects and 
48.10 	to offset the use of electricity at Jay Cooke, 
48.11 	Bear Head Lake, Afton, Sibley, Lake Carlos, 
48.12 	Glacial Lakes, Maplewood, William O'Brien, 
48.13 	Wild River, and Lac Qui Parle State Parks;
48.14 	(v) the installation of solar energy equipment 
48.15 	at the Iron Range Off-Highway Vehicle 
48.16 	Recreation Area in Gilbert;
48.17 	(vi) the installation of solar energy equipment 
48.18 	to power a sanitation building and lighting at 
48.19 	the Silver Bay Marina;
48.20 	(vii) the installation of solar energy 
48.21 	equipment to power the rest area and visitor 
48.22 	center at Grand Portage State Park; and
48.23 	(viii) the installation of solar energy 
48.24 	equipment to power sanitation buildings and 
48.25 	campsites at the Lake Shetek State Park and 
48.26 	additional solar energy projects if funding is 
48.27 	available.
48.28 	The commissioner shall contract for services 
48.29 	with the Minnesota Conservation Corps for 
48.30 	restoration, maintenance, and other activities 
48.31 	under this paragraph for at least $600,000 the 
48.32 	first year and $1,000,000 the second year.
49.1 	The commissioner shall leverage federal 
49.2 	stimulus funding for these purposes to the 
49.3 	extent possible.
49.4 	To the extent possible, any prairie restoration 
49.5 	conducted with money appropriated in this 
49.6 	section must plant vegetation or sow seed 
49.7 	only of ecotypes native to Minnesota, and 
49.8 	preferably of the local ecotype, using a high 
49.9 	diversity of species originating from as 
49.10 	close to the restoration site as possible, and 
49.11 	protect existing native prairies from genetic 
49.12 	contamination.
49.13 	(b) $1,000,000 the first year and $2,000,000 
49.14 	the second year are for grants for solar 
49.15 	energy projects in metropolitan regional 
49.16 	parks and trails that meet the requirements 
49.17 	of Minnesota Statutes, section 473.147, or 
49.18 	that is currently recognized as meeting the 
49.19 	constitutional requirement of being a park 
49.20 	or trail of regional or statewide significance, 
49.21 	and parks and trails outside the metropolitan 
49.22 	area that are currently recognized as meeting 
49.23 	the constitutional requirement of being a park 
49.24 	or trail of regional or statewide significance. 
49.25 	Up to 2-1/2 percent of this appropriation 
49.26 	may be used for administering the grants. Of 
49.27 	this appropriation, at least $1,000,000 shall 
49.28 	be designated for projects utilizing solar 
49.29 	thermal technology and equipment. The 
49.30 	commissioner shall give priority to projects 
49.31 	that:
49.32 	(1) would be visible to park or trail visitors 
49.33 	and that demonstrate the use of solar energy;
50.1 	(2) would provide on-site information 
50.2 	explaining the installation, its benefits, and 
50.3 	the benefits of renewable energy;
50.4 	(3) would reduce the use of energy from 
50.5 	fossil fuels;
50.6 	(4) incorporate designs that reflect the 
50.7 	aesthetics of the installation site; or
50.8 	(5) provide education to visitors on energy 
50.9 	conservation or climate change.
50.10 	(c) $2,650,000 the first year and $4,450,000 
50.11 	the second year are for grants under 
50.12 	Minnesota Statutes, section 85.535, to 
50.13 	metropolitan regional parks and trails 
50.14 	that meet the requirements of Minnesota 
50.15 	Statutes, section 473.147, or that is currently 
50.16 	recognized as meeting the constitutional 
50.17 	requirement of being a park or trail of 
50.18 	regional or statewide significance, and parks 
50.19 	and trails outside the metropolitan area that 
50.20 	are currently recognized as meeting the 
50.21 	constitutional requirement of being a park 
50.22 	or trail of regional or statewide significance. 
50.23 	Grants under this section must only be used 
50.24 	for acquisition, restoration, maintenance, and 
50.25 	development. Up to 2-1/2 percent of this 
50.26 	appropriation may be used for administering 
50.27 	the grants.
50.28 	(d) The commissioner shall develop a 
50.29 	ten-year strategic state parks and trails 
50.30 	plan considering traditional funding and 
50.31 	the funding available under the Minnesota 
50.32 	Constitution, article XI, section 15.
50.33 	(e) The commissioner, in consultation 
50.34 	with the commissioner of the Pollution 
50.35 	Control Agency, the Board of Water and Soil 
51.1 	Resources, the Outdoor Heritage Council, 
51.2 	the Minnesota Board of the Arts, and the 
51.3 	Minnesota Historical Society, shall develop 
51.4 	a logo to be used in signage required of 
51.5 	projects and programs receiving funds from 
51.6 	the outdoor heritage fund, clean water fund, 
51.7 	parks and trails fund, and arts and cultural 
51.8 	heritage fund.
51.9 	(f) The commissioner shall submit a report 
51.10 	on the expenditure and use of money 
51.11 	appropriated under this section to the 
51.12 	legislature by March 1 of each year. The 
51.13 	report must relate the expenditure of funds 
51.14 	by the categories established and detail the 
51.15 	outcomes in terms of additional use of parks 
51.16 	and trails resources, user satisfaction surveys, 
51.17 	and other appropriate outcomes.
51.18 	(g) Grant agreements entered into by the 
51.19 	commissioner of natural resources and 
51.20 	recipients of money appropriated under this 
51.21 	section shall ensure that the funds are used to 
51.22 	supplement and not substitute for traditional 
51.23 	sources of funding.

51.24	Sec. 3. METROPOLITAN COUNCIL
 	$
	7,500,000
	$
	14,600,000
	
51.25 	(a) $7,500,000 the first year and $14,600,000 
51.26 	the second year are from the parks and 
51.27 	trails fund to be distributed as required 
51.28 	under Minnesota Statutes, section 85.53, 
51.29 	subdivision 3, except that of this amount, 
51.30 	$40,000 the first year is for a grant to 
51.31 	Hennepin County to plant trees along the 
51.32 	Victory Memorial Parkway.
51.33 	(b) The Metropolitan Council shall submit 
51.34 	a report on the expenditure and use of 
52.1 	money appropriated under this section to 
52.2 	the legislature by March 10 of each year. 
52.3 	The report must detail the outcomes in 
52.4 	terms of additional use of parks and trails 
52.5 	resources, user satisfaction surveys, and 
52.6 	other appropriate outcomes.
52.7 	(c) Grant agreements entered into by the 
52.8 	Metropolitan Council and recipients of 
52.9 	money appropriated under this section shall 
52.10 	ensure that the funds are used to supplement 
52.11 	and not substitute for traditional sources of 
52.12 	funding.

52.13	Sec. 4. LEGISLATURE
 	$
	51,000
	$
	68,000
	
52.14 	(a) $23,000 the first year and $15,000 
52.15 	the second year are for the Legislative 
52.16 	Coordinating Commission to fulfill the duties 
52.17 	as required under Minnesota Statutes, section 
52.18 	3.303, subdivision 10.
52.19 	(b) $28,000 the first year and $28,000 the 
52.20 	second year are for the legislative auditor to 
52.21 	conduct restoration audits under Minnesota 
52.22 	Statutes, section 3.971, subdivision 9, and 
52.23 	$25,000 the second year is for program and 
52.24 	financial audits.

52.25 	Sec. 5. AVAILABILITY OF APPROPRIATIONS.
 52.26 	Unless otherwise provided, the amounts in this article are available until June 
52.27 	30, 2011, when projects must be completed and final accomplishments reported. 
52.28 	Appropriations for 2011 are available for use until June 30, 2012. For acquisition of an 
52.29 	interest in real property, the amounts in this section appropriated in fiscal year 2010 are 
52.30 	available until June 30, 2012, and the amounts in this section appropriated in fiscal year 
52.31 	2011 are available until June 30, 2013. If a project receives federal funds, the time period 
52.32 	of the appropriation is extended to equal the availability of federal funding.

52.33 	Sec. 6. [84.992] MINNESOTA NATURALIST CORPS.
53.1 		Subdivision 1.Establishment. The Minnesota Naturalist Corps is established under 
53.2 	the direct control and supervision of the commissioner of natural resources.
53.3 		Subd. 2.Program. The commissioner of natural resources shall develop a program 
53.4 	for the Minnesota Naturalist Corps that supports state parks in providing interpretation 
53.5 	of the natural and cultural features of state parks in order to enhance visitors' awareness, 
53.6 	understanding, and appreciation of those features and encourages the wise and sustainable 
53.7 	use of the environment.
53.8 		Subd. 3.Training and mentoring. The commissioner must develop and implement 
53.9 	a training program that adequately prepares Minnesota Naturalist Corps members for the 
53.10 	tasks assigned. Each corps member shall be assigned a state park naturalist as a mentor.
53.11 		Subd. 4.Uniform patch. Uniforms worn by members of the Minnesota Naturalist 
53.12 	Corps must have a patch that includes the name of the Minnesota Naturalist Corps and 
53.13 	information that the program is funded by the clean water, land, and legacy amendment to 
53.14 	the Minnesota Constitution adopted by the voters in November 2008.
53.15 		Subd. 5.Eligibility. A person is eligible to enroll in the Minnesota Naturalist 
53.16 	Corps if the person:
53.17 	(1) is a permanent resident of the state;
53.18 	(2) is a participant in an approved college internship program or has a postsecondary 
53.19 	degree in a natural resource or conservation related field; and
53.20 	(3) has completed at least one year of postsecondary education.
53.21 		Subd. 6.Corps member status. Minnesota Naturalist Corps members are not 
53.22 	eligible for unemployment benefits if their services are excluded under section 268.035, 
53.23 	subdivision 20, and are not eligible for other benefits except workers' compensation. The 
53.24 	corps members are not employees of the state within the meaning of section 43A.02, 
53.25 	subdivision 21.
53.26 		Subd. 7.Employee displacement. The commissioner must certify that the 
53.27 	assignment of Minnesota Naturalist Corps members will not result in the displacement of 
53.28 	currently employed workers or workers on seasonal layoff or layoff from a substantially 
53.29 	equivalent position, including partial displacement such as reduction in hours of 
53.30 	nonovertime work, wages, or other employment benefits. The department may not 
53.31 	terminate, lay off, reduce the seasonal hours of, or reduce the working hours of any 
53.32 	employee for the purpose of using a corps member with available funds.

53.33 	Sec. 7. [85.535] PARKS AND TRAILS GRANT PROGRAM.
54.1 		Subdivision 1.Establishment. The commissioner of natural resources shall 
54.2 	administer a program to provide grants from the parks and trails fund to support parks and 
54.3 	trails of regional or statewide significance.
54.4 		Subd. 2.Eligibility. To be eligible for grants under this section, a park or trail must:
54.5 	(1) be a metropolitan regional park or trail that meets the requirements of section 
54.6 	473.147 or that is currently recognized as meeting the constitutional requirement of being 
54.7 	a park or trail of regional or statewide significance; or
54.8 	(2) be a park or trail outside the metropolitan area, as defined in section 473.121, 
54.9 	subdivision 2, that is currently recognized as meeting the constitutional requirement of 
54.10 	being a park or trail of regional or statewide significance.
54.11 		Subd. 3.Priorities. In awarding trails grants under this section, the commissioner 
54.12 	shall give priority to trail projects that provide:
54.13 	(1) connectivity;
54.14 	(2) enhanced opportunities for commuters; and
54.15 	(3) enhanced safety.
54.16 		Subd. 4.Match. Recipients must provide a nonstate cash match of at least 25 
54.17 	percent of the total eligible project costs.
54.18 		Subd. 5.Rule exemption. The commissioner is not subject to the rulemaking 
54.19 	provisions of chapter 14 in implementing this section, and section 14.386 does not apply.

54.20 	ARTICLE 4
54.21 	ARTS AND CULTURAL HERITAGE FUND

54.22	Section 1. ARTS AND CULTURAL HERITAGE FUND APPROPRIATIONS.
 	
54.23 	The sums shown in the columns marked "Appropriations" are appropriated to the 
54.24 	agencies and for the purposes specified in this article. The appropriations are from the 
54.25 	arts and cultural heritage fund and are available for the fiscal years indicated for each 
54.26 	purpose. The figures "2010" and "2011" used in this article mean that the appropriations 
54.27 	listed under them are available for the fiscal year ending June 30, 2010, or June 30, 2011, 
54.28 	respectively. "The first year" is fiscal year 2010. "The second year" is fiscal year 2011. 
54.29 	"The biennium" is fiscal years 2010 and 2011.

54.30				APPROPRIATIONS
	
54.31				Available for the Year
	
54.32				Ending June 30
	
54.33					2010
		2011

54.34	Sec. 2. ARTS AND CULTURAL HERITAGE

54.35	Subdivision 1.Total Appropriation
 	$
	44,633,000
	$
	44,556,000
	
55.1 	The amounts that may be spent for each 
55.2 	purpose are specified in the following 
55.3 	subdivisions.

55.4	Subd. 2.Minnesota Board of the Arts
 					
55.5 	(a) The appropriations in this subdivision 
55.6 	are to the Minnesota Board of the Arts 
55.7 	from the arts and cultural heritage fund. 
55.8 	Grants agreements entered into by the 
55.9 	Board of the Arts and other recipients of 
55.10 	appropriations in this section shall ensure 
55.11 	that these funds are used to supplement and 
55.12 	not supplant traditional sources of funding. 
55.13 	Appropriations made directly to the Board 
55.14 	of the Arts shall supplement, and shall not 
55.15 	substitute for traditional sources of funding. 
55.16 	Funds appropriated in the first year may 
55.17 	be carried over to the second. These are 
55.18 	onetime appropriations. No more than 2.5 
55.19 	percent of each appropriation may be used 
55.20 	for administration by the Board of the Arts. 
55.21 	The Board of the Arts with the assistance 
55.22 	of recipients funded under this section shall 
55.23 	report on all expenditures made from these 
55.24 	funds to the legislature and governor by 
55.25 	January 15 of each year. Each grant program 
55.26 	established within this appropriation shall 
55.27 	be separately administered from other state 
55.28 	appropriations for program planning and 
55.29 	outcome measurements, but may take into 
55.30 	consideration other state resources awarded 
55.31 	in the selection of applicants and grant 
55.32 	award size. Distinctive goals and measurable 
55.33 	outcomes shall be established and reported 
55.34 	on. 
56.1 	(b) Regional Arts Boards. $6,000,000 
56.2 	is appropriated on January 1, 2010, and 
56.3 	$6,000,000 in 2011 for grants programs 
56.4 	to artists, arts programs, programs for the 
56.5 	literary arts, and programs for arts education 
56.6 	and access; such grants are to be made by 
56.7 	regional arts boards. Each regional arts 
56.8 	council must ensure that a portion of the 
56.9 	funds available under this paragraph is used 
56.10 	for grants to artists using nontraditional or 
56.11 	innovative materials or methods, or for grants 
56.12 	to artists dealing with nontraditional subjects.
56.13 	(c) Statewide Arts Access. $1,000,000 on 
56.14 	January 1, 2010, and $1,000,000 in 2011 is 
56.15 	appropriated for organizations and programs 
56.16 	that provide access to the arts on a statewide 
56.17 	basis.
56.18 	(d) Artists Economic Development Fund.
56.19 	$500,000 in 2010 and $500,000 in 2011 are 
56.20 	appropriated to provide individual grants 
56.21 	to artists for the purposes of economic 
56.22 	subvention or artistic development.
56.23 	(e) $150,000 in 2010 is appropriated to 
56.24 	the Board of the Arts for the creation and 
56.25 	conduct of a census of Minnesota artists and 
56.26 	artistic organizations; this census must be 
56.27 	conducted through a competitive grant to be 
56.28 	administered by the arts board and conducted 
56.29 	in partnership with the regional arts councils.

56.30	Subd. 3.Minnesota Historical Society
 					
56.31 	(a) The appropriations in this subdivision are 
56.32 	to the Minnesota Historical Society from the 
56.33 	arts and cultural heritage fund to preserve and 
56.34 	enhance access to Minnesota's history and 
56.35 	its cultural and historical resources. Grants 
57.1 	agreements entered into by the Minnesota 
57.2 	Historical Society and other recipients of 
57.3 	appropriations in this section shall ensure 
57.4 	that these funds are used to supplement 
57.5 	and not substitute for traditional sources of 
57.6 	funding. Funds directly appropriated to the 
57.7 	Minnesota Historical Society shall be used to 
57.8 	supplement, and not substitute for, traditional 
57.9 	sources of funding. Funds appropriated in the 
57.10 	first year may be carried over to the second. 
57.11 	These are onetime appropriations. No more 
57.12 	than 2.5 percent of each appropriation may 
57.13 	be used for administration by the Minnesota 
57.14 	Historical Society. The Minnesota Historical 
57.15 	Society, with the assistance of recipients 
57.16 	funded under this section, shall report on all 
57.17 	expenditures made from these funds to the 
57.18 	legislature and governor by January 15 of 
57.19 	each year.
57.20 	(b) Minnesota History Educational Network. 
57.21 	$2,000,000 in 2010 and $1,000,000 in 
57.22 	2011 are appropriated for programs and 
57.23 	projects of service to historical and cultural 
57.24 	programs across the state. Among these may 
57.25 	be funds for the operation of a Minnesota 
57.26 	History Educational Network, to provide 
57.27 	educational and programmatic content to 
57.28 	schools, teachers, museums, historic sites, 
57.29 	and libraries; funds for a history at home 
57.30 	project, to provide historical content and 
57.31 	materials to persons in their homes, places of 
57.32 	work, schools, libraries, and on the Internet; 
57.33 	and programs to provide hands on support 
57.34 	to historical and cultural organizations, 
57.35 	including the purveyance of information and 
57.36 	expertise regarding collections, preservation, 
58.1 	and operation of local historic sites and 
58.2 	societies. These programs and projects may 
58.3 	be conducted in partnership with either local 
58.4 	historical societies, schools, or libraries, as 
58.5 	selected by the Minnesota Historical Society.
58.6 	(c) Statewide Historic and Cultural 
58.7 	Grants. (i) $6,000,000 on January 1, 2010, 
58.8 	and $6,000,000 in 2011 are appropriated 
58.9 	for history programs and projects operated 
58.10 	or conducted by or through local, county, 
58.11 	regional or other historical or cultural 
58.12 	organizations; or for activities to preserve 
58.13 	significant historic and cultural resources. 
58.14 	Funds are to be distributed through a 
58.15 	competitive grants process. The Minnesota 
58.16 	Historical Society shall administer these 
58.17 	funds using established grants mechanisms, 
58.18 	and with assistance from the advisory 
58.19 	committee created herein. The Preston 
58.20 	grain elevator restoration and recreation 
58.21 	project shall be eligible for grants under this 
58.22 	program.
58.23 	Also eligible for a grant under this section 
58.24 	are projects previously approved by the 
58.25 	Minnesota Historical Society that have had 
58.26 	this approved funding refused by a public 
58.27 	board or governing body, provided that these 
58.28 	projects are now administered by a nonprofit 
58.29 	organization. 
58.30 	(ii) The Minnesota Historical Society 
58.31 	shall appoint a historic resources advisory 
58.32 	committee, with members from each 
58.33 	of the eight congressional districts, and 
58.34 	representatives of local, county, and statewide 
58.35 	historical and cultural organizations and 
59.1 	programs, to provide policy and grant making 
59.2 	guidance on expenditures of funds from this 
59.3 	paragraph. This membership shall include, 
59.4 	but is not limited to, members representing 
59.5 	the interests of historic preservation, local 
59.6 	history, archaeology, archival programs, 
59.7 	and other cultural programs related to the 
59.8 	history of Minnesota. A significant number 
59.9 	of members on this advisory committee 
59.10 	should represent local interests. This 
59.11 	committee shall seek input from all interested 
59.12 	parties, and shall make recommendations 
59.13 	for expenditures from these funds to the 
59.14 	executive council of the Minnesota Historical 
59.15 	Society; all expenditures must meet the 
59.16 	requirements of Minnesota Statutes, section 
59.17 	138.01.
59.18 	(iii) $500,000 in 2010 and $500,000 in 2011 
59.19 	are appropriated to the Minnesota Historical 
59.20 	Society for the creation of materials, training, 
59.21 	and assistance to local historical societies 
59.22 	and others receiving grants under this 
59.23 	paragraph. These funds may not be used to 
59.24 	hire permanent staff.
59.25 	(d) Collections. $250,000 in 2010 is 
59.26 	appropriated to the Minnesota Historical 
59.27 	Society for the purchase, acquisition, storage, 
59.28 	and restoration of Minnesota's historical and 
59.29 	cultural artifacts. These funds may be carried 
59.30 	over until expended. None of these funds 
59.31 	may be used for administration.
59.32 	(e) $2,000,000 in 2010 is appropriated from 
59.33 	the arts and cultural heritage fund to the 
59.34 	Minnesota Historical Society for HELP 
60.1 	projects under Minnesota Statutes, section 
60.2 	138.0375, subdivision 3.
60.3 	(f) $150,000 in 2010 is appropriated to 
60.4 	the Minnesota Historical Society for a 
60.5 	competitive grant to be issued by the society 
60.6 	for analysis of historical programs in the 
60.7 	state. The analysis shall determine where 
60.8 	public collections, museums, programs, and 
60.9 	services relating to historical and cultural 
60.10 	heritage exist; the depth of the collection or 
60.11 	program as it relates to the geographic, topic 
60.12 	focus, and time frames covered; and where 
60.13 	such services do not exist. The analysis shall 
60.14 	advise the state as to the best strategies to use 
60.15 	existing financial resources to improve the 
60.16 	delivery of history education and historical 
60.17 	resources throughout Minnesota. The 
60.18 	Minnesota Historical Society shall cooperate 
60.19 	with the grant recipient, and shall provide 
60.20 	full access to data and materials needed 
60.21 	to complete this study. The study shall be 
60.22 	reported to the Legislative Coordinating 
60.23 	Commission by December 1, 2009.
60.24 	(g) $2,000,000 on January 1, 2010, 
60.25 	and $500,000 on January 1, 2011, are 
60.26 	appropriated to the Minnesota Historical 
60.27 	Society for an exhibit on the regional, local, 
60.28 	and cultural diversity of Minnesota's history 
60.29 	and cultural heritage. These funds are 
60.30 	available until expended. These funds are 
60.31 	for the creation of both traveling exhibits 
60.32 	to be made available to local historical and 
60.33 	cultural organizations and an exhibit to be 
60.34 	housed at the Minnesota History Center. 
60.35 	The Minnesota Historical Society shall raise 
60.36 	funds from private sources to augment this 
61.1 	appropriation, with a goal of $1,500,000 in 
61.2 	private funds to be raised. This is not a match 
61.3 	requirement, but the Minnesota Historical 
61.4 	Society shall certify that a good faith effort 
61.5 	has been made.

61.6
61.7	Subd. 4.Statewide Survey of Historical and 
Archaeological Sites
 					
61.8 	$500,000 in 2010 and $500,000 in 2011 
61.9 	are appropriated to the Department of 
61.10 	Administration, for a contract to be let on 
61.11 	a competitive basis to conduct a general 
61.12 	statewide survey of Minnesota's sites of 
61.13 	historical, archaeological, and cultural 
61.14 	significance. Results of this survey must be 
61.15 	published in a searchable form, available 
61.16 	to the public on a cost-free basis. The 
61.17 	Minnesota Historical Society, the Office 
61.18 	of the State Archaeologist, and the Board 
61.19 	of Indian Affairs shall each appoint a 
61.20 	representative to an oversight board, to 
61.21 	select a contractor and direct the conduct 
61.22 	of this survey. The oversight board shall 
61.23 	consult with the Minnesota Departments 
61.24 	of Transportation and Natural Resources. 
61.25 	Funds appropriated for this purpose do not 
61.26 	cancel and may be carried over from one 
61.27 	year to the next.

61.28
61.29	Subd. 5.Programs of Artistic, Educational, 
Historic, or Cultural Significance
 					
61.30 	(a) Funds in this subdivision are appropriated 
61.31 	to the commissioner of the Department 
61.32 	of Administration for grants to the named 
61.33 	organizations for the purposes specified in 
61.34 	this subdivision. Grants made to public 
61.35 	television or radio organizations are subject 
61.36 	to Minnesota Statutes, section 129D.18, 
62.1 	and are not subject to conditions in this 
62.2 	paragraph.
62.3 	(b) Grant agreements entered into by 
62.4 	the commissioner and recipients of 
62.5 	appropriations in this subdivision must 
62.6 	ensure that money appropriated in this 
62.7 	subdivision is used to supplement and not 
62.8 	substitute for traditional sources of funding. 
62.9 	No more than 2.5 percent of any grant may 
62.10 	be used for administration. The Department 
62.11 	of Administration may use up to one percent 
62.12 	of appropriated funds for administration. 
62.13 	These are onetime appropriations. A cultural 
62.14 	grants advisory board may be established 
62.15 	by the Department of Administration to 
62.16 	provide advice and assistance in the making 
62.17 	of grants under this subdivision. The board, 
62.18 	if appointed, shall consist of seven members, 
62.19 	to be appointed by the commissioner. One 
62.20 	member shall represent public radio and 
62.21 	television, one shall represent Minnesota 
62.22 	zoos, one shall represent the Minnesota 
62.23 	Center for the Humanities, and the remaining 
62.24 	four shall be appointed by the commissioner 
62.25 	to represent a diverse set of cultural interests. 
62.26 	All recipients of funds under this subdivision 
62.27 	shall report to the legislature by January 15 
62.28 	of each year on uses of those funds.
62.29 	(c) Public Television. $2,000,000 on 
62.30 	January 1, 2010, and $5,000,000 on January 
62.31 	1, 2011, are appropriated to public television, 
62.32 	to the fund created under Minnesota Statutes, 
62.33 	section 129D.18, for the development 
62.34 	of educational materials, programs, and 
62.35 	publicly available programming on the 
62.36 	artistic, historical, and cultural heritage 
63.1 	of the state and people of Minnesota. 
63.2 	Acknowledgment of the funding sources 
63.3 	must be included in all materials produced in 
63.4 	this grant. None of these funds may be used 
63.5 	for normal operations or infrastructure.
63.6 	(d) Public Television and Radio; 
63.7 	Documentary. $500,000 in 2010 and 
63.8 	$500,000 in 2011 are appropriated, half each, 
63.9 	to Minnesota public television and public 
63.10 	radio organizations for the separate creation 
63.11 	of radio and television documentaries 
63.12 	regarding the uses and results of Minnesota's 
63.13 	dedicated funding for outdoor resources, 
63.14 	clean water, trails, arts, and cultural heritage. 
63.15 	These documentaries shall be conducted 
63.16 	according to the professional standards of 
63.17 	these organizations, and shall be independent 
63.18 	of and separate from any state control over 
63.19 	content.
63.20 	(e) Minnesota Public Radio. $2,000,000 
63.21 	on January 1, 2010, and $3,000,000 on 
63.22 	January 1, 2011, are appropriated to public 
63.23 	radio for the development of educational 
63.24 	materials, programs, and publicly available 
63.25 	programming on the artistic, historical, and 
63.26 	cultural heritage of the state and people of 
63.27 	Minnesota. None of these funds may be used 
63.28 	for normal operations or infrastructure.
63.29 	(f) Association of Minnesota Public 
63.30 	Educational Radio Stations. $1,000,000 
63.31 	in 2010 and $2,000,000 in 2011 are 
63.32 	appropriated to the Association of 
63.33 	Minnesota Public Educational Radio 
63.34 	Stations for the development of educational 
63.35 	materials, programs, and publicly available 
64.1 	programming on the artistic, historical, and 
64.2 	cultural heritage of the state and people of 
64.3 	Minnesota. None of these funds may be used 
64.4 	for normal operations or infrastructure.
64.5 	(g) Civics Education. $1,000,000 in 2010 
64.6 	and $1,000,000 in 2011 are appropriated to 
64.7 	the Minnesota Center for the Humanities for 
64.8 	grants to Kids Voting Minnesota, Learning 
64.9 	Law and Democracy Foundation, and 
64.10 	YMCA Youth in Government to conduct 
64.11 	civics education programs for the civic and 
64.12 	cultural development of Minnesota youth.
64.13 	(h) Children's Museums. $500,000 in 2010 
64.14 	and $500,000 in 2011 are appropriated for 
64.15 	grants to Minnesota's museums for children, 
64.16 	for exhibits and programming on the artistic, 
64.17 	historical, and cultural heritage of the state 
64.18 	and people of Minnesota. None of these 
64.19 	funds may be used for normal operations or 
64.20 	infrastructure. Half of these funds are for a 
64.21 	children's museum in Duluth, and the other 
64.22 	half for a children's museum in St. Paul.
64.23 	(i) Minnesota Science Museum.
64.24 	$500,000 in 2010 and $500,000 in 2011 
64.25 	are appropriated for the operation of 
64.26 	and programmatic development of the 
64.27 	Minnesota Science Museum, for exhibits 
64.28 	and programming on the artistic, historical, 
64.29 	and cultural heritage of the state and people 
64.30 	of Minnesota. None of these funds may be 
64.31 	used for normal operations or infrastructure. 
64.32 	Funds shall be matched by the Science 
64.33 	Museum at a ratio of one to one.
64.34 	(j) Minnesota Digital Library. $500,000 in 
64.35 	2010 and $500,000 in 2011 are appropriated 
65.1 	for the Minnesota digital library project, 
65.2 	operated by the Minitex system, to preserve, 
65.3 	digitize, and share Minnesota images, 
65.4 	documents, and historic materials.
65.5 	(k) Minnesota Center for the Humanities.
65.6 	$500,000 in 2010 and $500,000 in 2011 are 
65.7 	appropriated to the Minnesota Center for the 
65.8 	Humanities for programmatic development. 
65.9 	$500,000 in 2010 and $500,000 in 2011 
65.10 	are appropriated to the Minnesota Center 
65.11 	for the Humanities for grants to museums 
65.12 	and organizations celebrating the ethnic 
65.13 	identities of Minnesotans. The Minnesota 
65.14 	Center for the Humanities shall develop a 
65.15 	written plan for the competitive issuance of 
65.16 	these grants, and shall submit that plan for 
65.17 	review and approval by the Department of 
65.18 	Administration.
65.19 	(l) Zoos. $2,000,000 in 2010 and 
65.20 	$2,000,000 in 2011 are appropriated for the 
65.21 	programmatic development of Minnesota's 
65.22 	zoos. Three-quarters of this fund in any 
65.23 	year shall be reserved in equal portions 
65.24 	each for the Minnesota Zoo, the Como 
65.25 	Zoo, and the Duluth Zoo. The remainder 
65.26 	may be apportioned through a competitive 
65.27 	grants process or may be allocated by the 
65.28 	commissioner to zoos that are accredited by 
65.29 	the Association of Zoos and Aquariums or 
65.30 	that demonstrate to the commissioner a plan 
65.31 	for working toward that accreditation during 
65.32 	the biennium ending June 30, 2011.
65.33 	(m) Councils of Color. $125,000 in 2010 
65.34 	and $125,000 in 2011 are for the Council on 
65.35 	Asian-Pacific Minnesotans, for community 
66.1 	events and to celebrate and preserve the 
66.2 	culture of Asian-Pacific Minnesotans. 
66.3 	$125,000 in 2010 and $125,000 in 2011 
66.4 	are for the Council on Black Minnesotans 
66.5 	for community events, technical projects, 
66.6 	and an affirmative action baseline study. 
66.7 	$125,000 in 2010 and $125,000 in 2011 
66.8 	are for the Indian Affairs Council for the 
66.9 	preservation of Indian Cultural sites and the 
66.10 	burial and handling of remains. $125,000 
66.11 	in 2010 and $125,000 in 2011 are to the 
66.12 	Council on Affairs of Chicano/Latino people 
66.13 	for community events and initiatives that 
66.14 	preserve the culture of Latinos in Minnesota 
66.15 	and for research on community needs.
66.16 	(n) Film and TV Board. $50,000 is 
66.17 	appropriated to the Film and TV Board for a 
66.18 	grant to plan for future uses of a revolving 
66.19 	loan fund or other financial mechanism to 
66.20 	stabilize future film rebates and job creation. 
66.21 	This appropriation may also be used for film 
66.22 	festival planning.

66.23	Subd. 6.Minnesota State Capitol
 					
66.24 	The Department of Administration, the 
66.25 	Capitol Area Architecture and Planning 
66.26 	Board, and the Minnesota Historical Society 
66.27 	shall consider and report to the legislature 
66.28 	on possible uses of funds created under the 
66.29 	Minnesota Constitution, article XI, section 
66.30 	15, for the restoration, renovation, and repair 
66.31 	of the State Capitol.

66.32	Sec. 3. DEPARTMENT OF EDUCATION.

66.33	Subdivision 1.Arts education
 	$
	2,000,000
	$
	2,000,000
	
67.1 	(a) This appropriation is for grants to school 
67.2 	districts to provide materials or resources to 
67.3 	teachers, students, and parents to promote 
67.4 	achievement of K-12 academic standards 
67.5 	in the arts.  The commissioner must ensure 
67.6 	these grants are distributed equitably among 
67.7 	districts in all regions of the state. No more 
67.8 	than 2.5 percent of grants under this section 
67.9 	may be used for administration.
67.10 	(b) The commissioner may award a grant 
67.11 	under this subdivision only if a district 
67.12 	demonstrates that the money will supplement 
67.13 	traditional sources of funding and will not be 
67.14 	used as a substitute.
67.15 	(c) An applicant for a grant under this 
67.16 	subdivision must state the outcomes to be 
67.17 	achieved with the grant money, and must 
67.18 	report to the commissioner within 90 days 
67.19 	after the grant funds have been spent on 
67.20 	achievement of the proposed outcomes.
67.21 	(d) Of these funds, $150,000 in 2010 is 
67.22 	appropriated to the commissioner for the 
67.23 	creation and conduct of a census of public 
67.24 	school-based arts education offerings 
67.25 	during the school day and in after-school 
67.26 	noncompetitive activities, and of arts 
67.27 	education opportunities for persons of all 
67.28 	ages through community education and in 
67.29 	nonprofit community-based programs.

67.30	Subd. 2.Arts access
 		4,000,000
		4,000,000
	
67.31 	(a) This appropriation is for grants to provide 
67.32 	access to arts and arts education for all 
67.33 	ages. The commissioner may award grants 
67.34 	to school districts, community education 
67.35 	programs, libraries, or to other community 
68.1 	organizations. No more than 2.5 percent of 
68.2 	any grant may be used by the department 
68.3 	for administration. The commissioner must 
68.4 	ensure these grants are distributed equitably 
68.5 	among all regions of the state. Grants under 
68.6 	this subdivision may be used for either or 
68.7 	both of these purposes:
68.8 	(1) to pay attendance fees and travel 
68.9 	costs for youth to visit art museums, arts 
68.10 	performances, or other arts activities; or  
68.11 	(2) to bring artists to schools, libraries, or 
68.12 	other community centers or organizations for 
68.13 	teaching, training, or performance purposes.
68.14 	(b) The commissioner may award a grant 
68.15 	under this subdivision only if the recipient 
68.16 	demonstrates that the money will supplement 
68.17 	traditional sources of funding and will not  be 
68.18 	used as a substitute.
68.19 	(c) An applicant for a grant under this 
68.20 	subdivision must state the outcomes to be 
68.21 	achieved with the grant money, and must 
68.22 	report to the commissioner within 90 days 
68.23 	after the grant funds have been spent on 
68.24 	achievement of the proposed outcomes.

68.25	Subd. 3.Libraries
 		5,000,000
		5,000,000
	
68.26 	$5,000,000 in 2010 and $5,000,000 in 
68.27 	2011 are appropriated to the Department of 
68.28 	Education for grants allocated using existing 
68.29 	formulas under Minnesota Statutes, section 
68.30 	134.355, to the 12 Minnesota Regional 
68.31 	Library Systems, to provide educational 
68.32 	opportunities in the arts, history, literary arts, 
68.33 	and cultural heritage of Minnesota. No more 
68.34 	than 2.5 percent of funds may be used for 
68.35 	administration by regional library systems. 
69.1 	This is a onetime appropriation. These funds 
69.2 	may be used to sponsor programs provided 
69.3 	by regional libraries, or to provide grants 
69.4 	to local arts and cultural heritage programs 
69.5 	for programs in partnership with regional 
69.6 	libraries. None of these funds may be used 
69.7 	for maintenance of effort requirements. 
69.8 	Counties are not subject to maintenance of 
69.9 	effort requirements pertaining to these funds.

69.10	Subd. 4.Reporting of outcomes
 					
69.11 	The commissioner must report to the 
69.12 	legislature by January 15, 2010, and January 
69.13 	15, 2011, on grants made for arts education 
69.14 	and on grants made for arts access under 
69.15 	this section. Each report must include the 
69.16 	recipient, the amount, and the purpose of 
69.17 	each grant. Each report must also summarize 
69.18 	the expected and actual outcomes of the 
69.19 	grant funding. 

69.20	Sec. 4. LEGISLATURE
 	$
	33,000
	$
	56,000
	
69.21 	(a) $33,000 the first year and $21,000 
69.22 	the second year are for the Legislative 
69.23 	Coordinating Commission to fulfill the duties 
69.24 	as required under Minnesota Statutes, section 
69.25 	3.303, subdivision 10.
69.26 	(b) $35,000 the second year is for the 
69.27 	legislative auditor to conduct program and 
69.28 	financial audits.

69.29 	Sec. 5. INDIAN LANGUAGE PRESERVATION.
 69.30 	(a) $150,000 is appropriated in fiscal year 2010 from the arts and cultural heritage 
69.31 	fund to the Indian Affairs Council for the working group on Dakota and Ojibwe Language 
69.32 	Revitalization and Preservation created under article 7, section 7. Any balance in fiscal 
69.33 	year 2010 is available in fiscal year 2011.
70.1 	(b) $600,000 in 2010 and $750,000 in 2011 are appropriated jointly to the 
70.2 	Department of Education and the Office of Higher Education to issue grants for programs 
70.3 	to preserve Native Indian languages and to foster educational programs in Native 
70.4 	languages.

70.5 	Sec. 6. APPROPRIATIONS.
 70.6 		Subdivision 1.Commissioner. The sums indicated in this section are appropriated 
70.7 	from the arts and cultural heritage fund to the Indian Affairs Council for the fiscal years 
70.8 	designated.
70.9 		Subd. 2.Dakota and Ojibwe immersion programs. For a grant to the Niigaane 
70.10 	Ojibwe Immersion School and the Wicoie Nandagikendan Urban Immersion Project:

70.11		$
	250,000
	.....
	2010
	
70.12		$
	250,000
	.....
	2011
	
70.13 	Of this amount, $125,000 each year is available for Niigaane Ojibwe Immersion School 
70.14 	and $125,000 each year is available for Wicoie Nandagikendan Urban Immersion Project 
70.15 	to: 
70.16 	(1) develop and expand K-12 curriculum; 
70.17 	(2) provide fluent speakers in the classroom; 
70.18 	(3) develop appropriate testing and evaluation procedures; and 
70.19 	(4) develop community-based training and engagement.
70.20 	This is a onetime appropriation.

70.21 	ARTICLE 5
70.22 	GOVERNANCE

70.23 	Section 1. [3.3004] PRINCIPLES FOR SPENDING LEGACY FUNDS.
70.24 		Subdivision 1.Application. The principles in this section are intended to guide the 
70.25 	legislature in making appropriations from the dedicated funds created under the Minnesota 
70.26 	Constitution, article XI, section 15. To the extend practicable, the Outdoor Heritage 
70.27 	Council shall refer to these principles in their planning and project consideration.
70.28 		Subd. 2.Legal principles. Appropriations from the dedicated funds must meet all 
70.29 	requirements of the Minnesota Constitution, article XI, section 15, and all other legal 
70.30 	requirements.
70.31 		Subd. 3.Governance, process, and administrative principles. In making 
70.32 	appropriations from the dedicated funds, the legislature must attempt to:
71.1 	(1) use existing systems, agencies, and entities to distribute funds, rather than create 
71.2 	new bureaucracies;
71.3 	(2) be in accordance with plans for each fund, based on current science and on public 
71.4 	engagement, and with outcomes that are achieved in a reasonable amount of time;
71.5 	(3) develop and use indicators of success and accountability that meet the public's 
71.6 	demands for open and transparent processes;
71.7 	(4) increase outreach and encourage participation in the legislative and grant-making 
71.8 	process so that a wider variety of Minnesotans receive funds; and
71.9 	(5) develop innovative uses of funds that work across traditional boundaries and 
71.10 	encourage cooperation among multiple interest groups.
71.11 		Subd. 4.Outcome principles. In making appropriations from the dedicated funds, 
71.12 	the legislature must attempt to:
71.13 	(1) increase the percentage of Minnesotans who participate in the enjoyment, use, 
71.14 	and maintenance of our cultural and outdoor resources;
71.15 	(2) provide every Minnesotan greater access to arts, history, and cultural activities, 
71.16 	arts education opportunities, clean water, including quality drinking water, a fully restored 
71.17 	outdoors environment with hunting and fishing opportunities, outdoor recreation, public 
71.18 	broadcasting signals, and engagement in Minnesota's traditions and history;
71.19 	(3) prevent pollution and restore impaired waters;
71.20 	(4) strive toward meeting statewide priorities and values, emphasizing geographical 
71.21 	and regional fairness within each fund;
71.22 	(5) give priority to projects that improve  the state or a regional economy, creating 
71.23 	jobs and leveraging nonstate money; and 
71.24 	(6) communicate through visible identification the direct results of investments 
71.25 	made with money from the constitutionally dedicated funds.

71.26 	Sec. 2. Minnesota Statutes 2008, section 3.303, is amended by adding a subdivision to 
71.27 	read:
71.28 		Subd. 10.Constitutionally dedicated funding accountability. (a) The Legislative 
71.29 	Coordinating Commission shall develop and maintain a user-friendly, public-oriented 
71.30 	Web site that informs, educates, and demonstrates to the public how the constitutionally 
71.31 	dedicated funds in the arts and cultural heritage fund, outdoor heritage fund, clean water 
71.32 	fund, parks and trails fund, and environment and natural resources trust fund are being 
71.33 	expended to meet the requirements established for each fund in the state constitution. 
71.34 	Information provided on the Web site must include, but is not limited to:
72.1 	(1) information on all project proposals received by the Outdoor Heritage Council 
72.2 	and the Legislative-Citizen Commission on Minnesota Resources;
72.3 	(2) information on all projects receiving funding, including proposed measurable 
72.4 	outcomes and the plan for measuring and evaluating the results;
72.5 	(3) measured outcomes and evaluation of projects as required under sections 85.53, 
72.6 	subdivision 2; 97A.056, subdivision 9; 114D.50, subdivision 2; and 129D.17, subdivision 
72.7 	2;
72.8 	(4) education about the areas and issues the projects address, including, when 
72.9 	feasible, maps of where projects have been undertaken;
72.10 	(5) all frameworks developed for future uses of each fund; and
72.11 	(6) methods by which members of the public may apply for project funds under 
72.12 	any of the constitutionally dedicated funds.
72.13 	(b) All information for proposed and funded projects, including the proposed 
72.14 	measurable outcomes, must be made available on the Web site as soon as practicable. 
72.15 	Information on the measured outcomes and evaluation must be posted as soon as it 
72.16 	becomes available. The costs of these activities shall be paid out of the arts and cultural 
72.17 	heritage fund, outdoor heritage fund, clean water fund, parks and trails fund, and the 
72.18 	environment and natural resources trust fund proportionately. For purposes of this section, 
72.19 	"measurable outcomes" means outcomes, indicators, or other performance measures that 
72.20 	may be quantified or otherwise measured in order to measure the effectiveness of a project 
72.21 	or program in meeting its intended goal or purpose.
72.22 	(c) The Legislative Coordinating Commission shall be responsible for receiving all 
72.23 	ten-year plans and 25-year frameworks for each of the constitutionally dedicated funds. To 
72.24 	the extent practicable, staff for the commission shall provide assistance and oversight to 
72.25 	these planning efforts and shall coordinate public access to hearings and public meetings 
72.26 	for all planning efforts.

72.27 	Sec. 3. [3.358] LEGISLATIVE GUIDE.
72.28 	A legislative guide shall be created stating principles for the use and expected 
72.29 	outcomes of all funds from dedicated sales taxes pursuant to the Minnesota Constitution, 
72.30 	article XI, section 15. This guide shall be created jointly by the Cultural and Outdoor 
72.31 	Resources Division of the house of representatives, and by the appropriate senate 
72.32 	committee as designated by the majority leader of the senate.
72.33 	The legislative guide required by this section shall be for the years 2010 to 2015 
72.34 	and shall include the following provisions:
72.35 	(1) principles by which to guide future expenditures for each fund;
73.1 	(2) desired outcomes for such expenditures;
73.2 	(3) a general statement applicable to later years for these funds; and
73.3 	(4) consideration of financial methods such as revolving loan funds that may be used 
73.4 	in future appropriations.
73.5 	The legislative guide shall be completed by the legislative committees by December 
73.6 	15, 2009, and shall be considered and discussed by all committees with jurisdiction over 
73.7 	these funds at public hearings.
73.8 	To the extent practicable, the legislative guide shall be used to direct future 
73.9 	appropriations of the legislature.

73.10 	Sec. 4. Minnesota Statutes 2008, section 3.971, is amended by adding a subdivision to 
73.11 	read:
73.12 		Subd. 9.Restoration audits. The legislative auditor shall conduct restoration 
73.13 	audits on a portion of land restorations funded in whole or in part with state funds, to 
73.14 	determine whether the activities and programs funded with state funds, including the 
73.15 	outdoor heritage fund, the parks and trails fund, the clean water fund, the environment and 
73.16 	natural resources trust fund, and state-issued bonds, are accomplishing their restoration 
73.17 	goals. The audit must include a critical analysis of the restoration goals and objectives, 
73.18 	scientific evaluation of the results, and the effectiveness of the restorations in meeting 
73.19 	applicable restoration requirements. The legislative auditor shall hire or contract with 
73.20 	scientists and other appropriate persons to meet this requirement. Restoration audits shall 
73.21 	be funded out of the fund that funded the restoration, when possible. For the purposes 
73.22 	of this section, a "restoration audit" is a scientific evaluation of an area of land that has 
73.23 	been restored in order to determine whether the restoration meets applicable requirements 
73.24 	for the restoration.

73.25 	Sec. 5. Minnesota Statutes 2008, section 85.53, is amended to read:
73.26 	85.53 PARKS AND TRAILS FUND.
73.27 		Subdivision 1.Establishment. The parks and trails fund is established in the 
73.28 	Minnesota Constitution, article XI, section 15. All money earned by the parks and trails 
73.29 	fund must be credited to the fund. 
73.30 		Subd. 2.Expenditures; accountability. (a) A project or program receiving funding 
73.31 	from the parks and trails fund must meet or exceed the constitutional requirement to 
73.32 	support parks and trails of regional or statewide significance. A project or program 
73.33 	receiving funding from the parks and trails fund must include measurable outcomes, as 
73.34 	defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the 
74.1 	results. A project or program must be consistent with current science when appropriate 
74.2 	and incorporate state-of-the-art technology when appropriate.
74.3 	(b) Funding from the parks and trails fund must be requested and granted for an 
74.4 	entire project, even if the project will take multiple years to complete. For the purposes of 
74.5 	this requirement, a project that is part of a larger project and that could also be considered 
74.6 	a single project is a single project. 
74.7 	(c) Biennially, money from the parks and trails fund shall be expended to balance 
74.8 	the benefits across all regions and residents of the state. 
74.9 	(d) All information for funded projects, including the proposed measurable 
74.10 	outcomes, must be made available on the Web site required under section 3.303, 
74.11 	subdivision 10, as soon as practicable. Information on the measured outcomes and 
74.12 	evaluation must be posted as soon as it becomes available.
74.13 	(e) Grants funded by the parks and trails fund must be implemented according to 
74.14 	section 16B.98. Proposals must specify all organizations, including contact information, 
74.15 	that will receive any portion of a grant and specify a process for any regranting envisioned. 
74.16 	Priority for grant proposals must be given to proposals involving grants that will be 
74.17 	competitively awarded.
74.18 	(f) A recipient of money from the parks and trails fund must display a sign on lands 
74.19 	and capital improvements purchased, restored, or protected with money from the parks 
74.20 	and trails fund that includes the logo developed by the commissioner of natural resources 
74.21 	to identify it as a project funded with money from the vote of the people of Minnesota on 
74.22 	November 4, 2008.
74.23 	(g) Money from the parks and trails fund may only be spent on projects located 
74.24 	in Minnesota.
74.25 		Subd. 3.Metropolitan area distribution formula. Money appropriated from the 
74.26 	parks and trails fund to the Metropolitan Council shall be distributed to implementing 
74.27 	agencies, as defined in section 473.351, subdivision 1, paragraph (a), as grants according 
74.28 	to the following formula:
74.29 	(1) 45 percent of the money must be disbursed according to the allocation formula in 
74.30 	section 473.351, subdivision 3, to each implementing agency;
74.31 	(2) 31.5 percent of the money must be distributed based on each implementing 
74.32 	agency's relative share of the most recent estimate of the population of the metropolitan 
74.33 	area;
74.34 	(3) 13.5 percent of the money must be distributed based on each implementing 
74.35 	agency's relative share of nonlocal visits based on the most recent user visitation survey 
74.36 	conducted by the Metropolitan Council; and
75.1 	(4) ten percent of the money must be distributed as grants to implementing agencies 
75.2 	for land acquisition within Metropolitan Council approved regional parks and trails master 
75.3 	plan boundaries under the council's park acquisition opportunity grant program. The 
75.4 	Metropolitan Council must provide a match of $2 of the council's park bonds for every $3 
75.5 	of state funds for the park acquisition opportunity grant program.
75.6 		Subd. 4.Data availability. Data collected by the projects funded with money from 
75.7 	the parks and trails fund that have value for planning and management of natural resources, 
75.8 	emergency preparedness, and infrastructure investments must conform to the enterprise 
75.9 	information architecture developed by the Office of Enterprise Technology. Spatial data 
75.10 	must conform to geographic information system guidelines and standards outlined in that 
75.11 	architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land 
75.12 	Management Information Center. A description of these data that adheres to the Office 
75.13 	of Enterprise Technology geographic metadata standards must be submitted to the Land 
75.14 	Management Information Center to be made available online through the clearinghouse 
75.15 	and the data must be accessible and free to the public unless made private under chapter 
75.16 	13. To the extent practicable, summary data and results of projects and programs funded 
75.17 	with money from the parks and trails fund should be readily accessible on the Internet and 
75.18 	identified as a parks and trails fund project.
75.19 		Subd. 5.Special review. A project receiving an appropriation or appropriations 
75.20 	from the parks and trails fund totaling $10,000,000 or more in a biennium is subject to the 
75.21 	following requirements:
75.22 	(1) the attorney general must review and approve all contracts and real estate 
75.23 	transactions, including conservation easements, and make a determination of whether they 
75.24 	are in the best interest of the state and whether they meet all applicable requirements; and
75.25 	(2) a second appraisal, meeting the state appraisal requirements for land acquisitions 
75.26 	under section 84.0272, must be conducted and approved by the commissioner of natural 
75.27 	resources for all real estate transactions, including conservation easements.

75.28 	Sec. 6. Minnesota Statutes 2008, section 97A.056, subdivision 2, is amended to read:
75.29 		Subd. 2.Lessard Outdoor Heritage Council. (a) The Lessard Outdoor Heritage 
75.30 	Council of 12 members is created in the legislative branch, consisting of:
75.31 	(1) two public members appointed by the senate Subcommittee on Committees of 
75.32 	the Committee on Rules and Administration;
75.33 	(2) two public members appointed by the speaker of the house;
75.34 	(3) four public members appointed by the governor;
76.1 	(4) two members of the senate appointed by the senate Subcommittee on Committees 
76.2 	of the Committee on Rules and Administration; and
76.3 	(5) two members of the house of representatives appointed by the speaker of the 
76.4 	house.
76.5 	(b) Members appointed under paragraph (a) must not be registered lobbyists. 
76.6 	In making appointments, the governor, senate Subcommittee on Committees of the 
76.7 	Committee on Rules and Administration, and the speaker of the house shall consider 
76.8 	geographic balance, gender, age, ethnicity, and varying interests including hunting and 
76.9 	fishing. The governor's appointments to the council are subject to the advice and consent 
76.10 	of the senate.
76.11 	(c) Public members appointed under paragraph (a) shall have practical experience 
76.12 	or expertise or demonstrated knowledge in the science, policy, or practice of restoring, 
76.13 	protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and 
76.14 	wildlife.
76.15 	(d) Legislative members appointed under paragraph (a) shall include the chairs 
76.16 	of the legislative committees with jurisdiction over environment and natural resources 
76.17 	finance or their designee, one member from the minority party of the senate, and one 
76.18 	member from the minority party of the house of representatives.
76.19 	(e) Members serve four-year terms and shall be initially appointed according to 
76.20 	the following schedule of terms:
76.21 	(1) two public members appointed by the governor for a term ending the first 
76.22 	Monday in January 2011;
76.23 	(2) one public member appointed by the senate Subcommittee on Committees of the 
76.24 	Committee on Rules and Administration for a term ending the first Monday in January 
76.25 	2011;
76.26 	(3) one public member appointed by the speaker of the house for a term ending 
76.27 	the first Monday in January 2011;
76.28 	(4) two public members appointed by the governor for a term ending the first 
76.29 	Monday in January 2013;
76.30 	(5) one public member appointed by the senate Subcommittee on Committees of the 
76.31 	Committee on Rules and Administration for a term ending the first Monday in January 
76.32 	2013; 
76.33 	(6) one public member appointed by the speaker of the house for a term ending the 
76.34 	first Monday in January 2013; and
76.35 	(7) two members of the senate appointed by the senate Subcommittee on Committees 
76.36 	of the Committee on Rules and Administration for a term ending the first Monday in 
77.1 	January 2013, and two members of the house of representatives appointed by the speaker 
77.2 	of the house for a term ending the first Monday in January 2013.
77.3 	(f) Compensation and removal of public members are as provided in section 
77.4 	15.0575. A vacancy on the council may be filled by the appointing authority for the 
77.5 	remainder of the unexpired term.
77.6 	(g) The first meeting of the council shall be convened by the chair of the Legislative 
77.7 	Coordinating Commission no later than December 1, 2008. Members shall elect a chair, 
77.8 	vice-chair, secretary, and other officers as determined by the council. The chair may 
77.9 	convene meetings as necessary to conduct the duties prescribed by this section.
77.10 	(h) The Department of Natural Resources Legislative Coordinating Commission
77.11 	shall provide administrative support for the council. Up to one percent of the money 
77.12 	appropriated from the fund may be used to cover the staffing and related administrative 
77.13 	expenses of the department and to cover the compensation and travelcouncil; office 
77.14 	expenses; and per diem and expenses of council members pursuant to this subdivision; 
77.15 	the staffing and related administrative expenses of the legislative auditor under section 
77.16 	3.971, subdivision 9; and the staffing and related expenses of the Legislative Coordinating 
77.17 	Commission under section 3.303, subdivision 10.

77.18 	Sec. 7. Minnesota Statutes 2008, section 97A.056, subdivision 3, is amended to read:
77.19 		Subd. 3.Council recommendations. (a) The council shall make recommendations 
77.20 	to the legislature on appropriations of money from the outdoor heritage fund that are 
77.21 	consistent with the Constitution and state law and that take into consideration will 
77.22 	achieve the outcomes of existing natural resource plans, including, but not limited to, 
77.23 	the Minnesota Statewide Conservation and Preservation Plan, that directly relate to the 
77.24 	restoration, protection, and enhancement of wetlands, prairies, forests, and habitat for fish, 
77.25 	game, and wildlife, and that prevent forest fragmentation, encourage forest consolidation, 
77.26 	and expand restored native prairie. The council shall submit its initial recommendations to 
77.27 	the legislature no later than April 1, 2009. Subsequent recommendations shall be submitted 
77.28 	no later than January 15 each year. The council shall present its recommendations to the 
77.29 	senate and house of representatives committees with jurisdiction over the environment 
77.30 	and natural resources budget by February 15 in odd-numbered years, and within the 
77.31 	first four weeks of the legislative session in even-numbered years. The council's budget 
77.32 	recommendations to the legislature shall be separate from the Department of Natural 
77.33 	Resource's budget recommendations.
77.34 	(b) To encourage and support local conservation efforts, the council shall establish a 
77.35 	conservation partners program. Local, regional, state, or national organizations may apply 
78.1 	for matching grants for restoration, protection, and enhancement of wetlands, prairies, 
78.2 	forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation, 
78.3 	encouragement of forest consolidation, and expansion of restored native prairie.
78.4 	(c) The council may work with the Clean Water Council to identify projects that 
78.5 	are consistent with both the purpose of the outdoor heritage fund and the purpose of 
78.6 	the clean water fund.
78.7 	(d) The council may make recommendations to the Legislative-Citizen Commission 
78.8 	on Minnesota Resources on scientific research that will assist in restoring, protecting, and 
78.9 	enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing 
78.10 	forest fragmentation, encouraging forest consolidation, and expanding restored native 
78.11 	prairie.
78.12 	(e) Recommendations of the council, including approval of recommendations for the 
78.13 	outdoor heritage fund, require an affirmative vote of at least nine members of the council.
78.14 	(f) The council may work with the Clean Water Council, the Legislative-Citizen 
78.15 	Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and 
78.16 	water conservation districts, and experts from Minnesota State Colleges and Universities 
78.17 	and the University of Minnesota in developing the council's recommendations.
78.18 	(g) The council shall develop and implement a process that ensures that citizens 
78.19 	and potential recipients of funds are included throughout the process, including the 
78.20 	development and finalization of the council's recommendations. The process must include 
78.21 	a fair, equitable, and thorough process for reviewing requests for funding and a clear and 
78.22 	easily understood process for ranking projects.
78.23 	(h) The council shall use the regions of the state based upon the ecological 
78.24 	regions and subregions developed by the Department of Natural Resources and establish 
78.25 	objectives for each region and subregion to achieve the purposes of the fund outlined 
78.26 	in the state constitution.
78.27 	(i) The council shall develop and submit to the Legislative Coordinating Commission 
78.28 	plans for the first ten years of funding, and a framework for 25 years of funding, consistent 
78.29 	with statutory and constitutional requirements. The council may use existing plans from 
78.30 	other legislative, state, and federal sources, as applicable.

78.31 	Sec. 8. Minnesota Statutes 2008, section 97A.056, subdivision 6, is amended to read:
78.32 		Subd. 6.Audit. The council shall select an independent auditor to legislative auditor 
78.33 	shall audit the outdoor heritage fund expenditures, including administrative and staffing 
78.34 	expenditures, every two years to ensure that the money is spent to restore, protect, and 
78.35 	enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife.

79.1 	Sec. 9. Minnesota Statutes 2008, section 97A.056, subdivision 7, is amended to read:
79.2 		Subd. 7.Legislative oversight. (a) The senate and house of representatives chairs 
79.3 	of the committees with jurisdiction over the environment and natural resources budget 
79.4 	shall convene a joint hearing to review the activities and evaluate the effectiveness of the 
79.5 	council and evaluate the effectiveness and efficiency of the department's administration 
79.6 	and staffing of the council after five years butto receive reports on the council from the 
79.7 	legislative auditor no later than June 30, 2014.
79.8 	(b) By January 15, 2013, a professional outside review authority shall be chosen by 
79.9 	the chairs of the house of representatives and senate committees with jurisdiction over 
79.10 	environment and natural resources to evaluate the effectiveness and efficiency of the 
79.11 	department's administration and staffing of the council. A report shall be submitted to 
79.12 	the chairs by January 15, 2014.

79.13 	Sec. 10. Minnesota Statutes 2008, section 97A.056, is amended by adding a 
79.14 	subdivision to read:
79.15 		Subd. 8.Priorities and expenditure requirements. (a) A project receiving funding 
79.16 	from the outdoor heritage fund must meet or exceed the constitutional requirements to 
79.17 	restore, protect, and enhance wetlands, prairies, forests, and habitat for fish, game, and 
79.18 	wildlife. Priority must be given to projects that meet more than one of these requirements. 
79.19 	A project must be consistent with current science when appropriate and incorporate state 
79.20 	of the art technology when appropriate. The council may establish funding priorities to 
79.21 	direct funding toward the highest priorities. Priority may be given to projects that are 
79.22 	time sensitive or have a sense of urgency.
79.23 	(b) Funding from the outdoor heritage fund must be requested and granted for an 
79.24 	entire project, even if the project will take multiple years to complete. For the purposes of 
79.25 	this requirement, a project that is part of a larger project and that could also be considered 
79.26 	a single project is a single project.
79.27 	(c) Biennially, money from the outdoor heritage fund shall be expended to balance 
79.28 	the benefits across all regions and residents of the state. 
79.29 	(d) Grants funded by the outdoor heritage fund must be implemented according to 
79.30 	section 16B.98. Proposals must specify all organizations, including contact information, 
79.31 	that will receive any portion of a grant and specify a process for any regranting envisioned. 
79.32 	Priority for grant proposals must be given to proposals involving grants that will be 
79.33 	competitively awarded.
79.34 	(e) Money from the outdoor heritage fund may only be spent on projects located 
79.35 	in Minnesota.

80.1 	Sec. 11. Minnesota Statutes 2008, section 97A.056, is amended by adding a 
80.2 	subdivision to read:
80.3 		Subd. 9.Proposal and project requirements. (a) A request for funding from 
80.4 	the outdoor heritage fund shall:
80.5 	(1) include a list of measurable outcomes, as defined in section 3.303, subdivision 
80.6 	10, and a plan for measuring and evaluating the results;
80.7 	(2) to the extent practicable, include a list of any lands to be acquired, protected, or 
80.8 	restored; and
80.9 	(3) identify the entity that will hold the title or easement of any lands to be acquired 
80.10 	or protected.
80.11 	(b) Lands acquired by fee with funds from the outdoor heritage fund must be open 
80.12 	to the public taking of game and fish during the open season unless otherwise provided 
80.13 	by law.
80.14 	(c) Lands acquired by fee, restored, or protected by easements with money from 
80.15 	the outdoor heritage fund should ensure the viability of Minnesota's forests, prairies, 
80.16 	wetlands, and habitats by supporting native biological diversity and their ecological 
80.17 	complexes and provide protection against invasive species, and must meet one or more 
80.18 	of the following criteria:
80.19 	(1) are identified as an area of biodiversity significance by the county biological 
80.20 	survey;
80.21 	(2) maintain or enhance native plant, fish, or wildlife species designated as 
80.22 	endangered or threatened under section 84.0895;
80.23 	(3) maintain a native ecological community;
80.24 	(4) possess a unique quality that is of value to the biodiversity of the region;
80.25 	(5) are adjacent to lands meeting one or more of the requirements under clauses (1) 
80.26 	to (4) and that, when restored or protected, enhance those adjacent lands;
80.27 	(6) are degraded lands that, when restored, would provide or contribute to critical 
80.28 	habitat for native plants, fish, and wildlife; or
80.29 	(7) enhance native plant, fish, or wildlife species.
80.30 	(d) Lands acquired by fee or easement purchased in whole or in part with money 
80.31 	from the outdoor heritage fund must be perpetually protected and have an ecological 
80.32 	restoration plan with sufficient funding for implementation. The ecological restoration 
80.33 	plan must meet the statutory definitions of restore, protect, and enhance in section 84.02. 
80.34 	Consideration should be given to relevant factors that would provide the best chance for 
80.35 	long-term success of the restoration. The plan shall:
81.1 	(1) include the proposed timetable for implementing the restoration, including 
81.2 	site preparation, establishment of diverse plant species, maintenance, and additional 
81.3 	enhancement to establish the restoration;
81.4 	(2) identify long-term maintenance and management needs of the restoration and 
81.5 	how the maintenance, management, and enhancement will be financed; and
81.6 	(3) take advantage of the most current science and include innovative techniques 
81.7 	to achieve the best restoration.
81.8 	(e) To the extent possible, lands restored with money from the outdoor heritage fund 
81.9 	must use vegetation only of Minnesota's native ecotypes, using a high diversity of species 
81.10 	originating from as close to the restoration site as possible, and must protect existing 
81.11 	native prairies from genetic contamination.
81.12 	(f) Lands purchased, restored, or protected by easements with money from the 
81.13 	outdoor heritage fund are not eligible for wetland replacement or mitigation credits.
81.14 	(g) A recipient of money from the outdoor heritage fund must display a sign on lands 
81.15 	purchased, restored, or protected by easements with money from the outdoor heritage fund 
81.16 	that identifies it as a project funded with money from the vote of the people of Minnesota 
81.17 	on November 4, 2008.
81.18 	(h) To ensure public accountability for the use of public funds, a recipient of 
81.19 	money from the outdoor heritage fund must provide documentation to the council of the 
81.20 	selection process used to identify parcels acquired and provide documentation of all 
81.21 	related transaction costs, including but not limited to appraisals, legal fees, recording fees, 
81.22 	commissions, other similar costs, and donations. This information must be provided for 
81.23 	all parties involved in the transaction. The recipient shall also report to the council any 
81.24 	difference between the acquisition amount paid to the seller and the state-certified or 
81.25 	state-reviewed appraisal. Acquisition data such as appraisals may remain private during 
81.26 	negotiations but must ultimately be made public according to chapter 13.
81.27 	(i) The owner of an interest in real property acquired with money from the outdoor 
81.28 	heritage fund may not alter the intended use of the interest in real property or convey any 
81.29 	interest in the real property acquired with the appropriation without notifying the council 
81.30 	in writing. For the purposes of this section, "interest in real property" includes, but is not 
81.31 	limited to, an easement or fee title to property.
81.32 	(j) A recipient of money from the outdoor heritage fund shall not use the funds to 
81.33 	cover any organizational or operational expenses not related to the project being funded.
81.34 	(k) All information for proposed and funded projects, including the proposed 
81.35 	measurable outcomes, must be made available on the Web site required under section 
82.1 	3.303, subdivision 10, as soon as practicable. Information on the measured outcomes and 
82.2 	evaluation must be posted as it becomes available.

82.3 	Sec. 12. Minnesota Statutes 2008, section 97A.056, is amended by adding a 
82.4 	subdivision to read:
82.5 		Subd. 10.Data availability. Data collected by the projects funded with money 
82.6 	from the outdoor heritage fund that have value for planning and management of natural 
82.7 	resources, emergency preparedness, and infrastructure investments must conform to the 
82.8 	enterprise information architecture developed by the Office of Enterprise Technology. 
82.9 	Spatial data must conform to geographic information system guidelines and standards 
82.10 	outlined in that architecture and adopted by the Minnesota Geographic Data Clearinghouse 
82.11 	at the Land Management Information Center. A description of these data that adheres to 
82.12 	the Office of Enterprise Technology geographic metadata standards must be submitted 
82.13 	to the Land Management Information Center to be made available online through the 
82.14 	clearinghouse and the data must be accessible and free to the public unless made private 
82.15 	under chapter 13. To the extent practicable, summary data and results of projects funded 
82.16 	with money from the outdoor heritage fund should be readily accessible on the Internet 
82.17 	and identified as an outdoor heritage fund project.

82.18 	Sec. 13. Minnesota Statutes 2008, section 97A.056, is amended by adding a 
82.19 	subdivision to read:
82.20 		Subd. 11.Report required. The council shall, by January 15 of each year, submit a 
82.21 	report to the governor, the chairs of the house of representatives appropriations and senate 
82.22 	finance committees, and the chairs of the house of representatives and senate committees 
82.23 	on environment and natural resources and the committees with jurisdiction over the 
82.24 	outdoor heritage fund. The report must be available to the public and posted on the Web 
82.25 	site required under section 3.303, subdivision 10. The report must include:
82.26 	(1) the source and amount of all revenues collected and distributed by the council, 
82.27 	including all administrative and other expenses;
82.28 	(2) a description of the assets and liabilities of the outdoor heritage fund;
82.29 	(3) any findings or recommendations that are deemed proper to assist the legislature 
82.30 	in formulating legislation;
82.31 	(4) a list of all gifts and donations with a value over $1,000; and
82.32 	(5) a copy of the most recent audit required under subdivision 6 and any restoration 
82.33 	audits required under section 3.971, subdivision 9, completed during the preceding 
82.34 	biennium.

83.1 	Sec. 14. Minnesota Statutes 2008, section 97A.056, is amended by adding a 
83.2 	subdivision to read:
83.3 		Subd. 12.Special review. A project receiving an appropriation or appropriations 
83.4 	from the outdoor heritage fund totaling $10,000,000 or more in a biennium is subject to 
83.5 	the following requirements:
83.6 	(1) the attorney general must review and approve all contracts and real estate 
83.7 	transactions, including conservation easements, and make a determination of whether they 
83.8 	are in the best interest of the state and whether they meet all applicable requirements; and
83.9 	(2) a second appraisal, meeting the state appraisal requirements for land acquisitions 
83.10 	under section 84.0272, must be conducted and approved by the commissioner of natural 
83.11 	resources for all real estate transactions, including conservation easements.

83.12 	Sec. 15. Minnesota Statutes 2008, section 114D.50, is amended to read:
83.13 	114D.50 CLEAN WATER FUND.
83.14 		Subdivision 1.Establishment. The clean water fund is established in the Minnesota 
83.15 	Constitution, article XI, section 15. All money earned by the fund must be credited to 
83.16 	the fund.
83.17 		Subd. 2.Sustainable drinking water account. The sustainable drinking water 
83.18 	account is established as an account in the clean water fund.
83.19 		Subd. 3.Purpose. (a) The clean water fund may be spent only to protect, enhance, 
83.20 	and restore water quality in lakes, rivers, and streams, to protect groundwater from 
83.21 	degradation, and to protect drinking water sources by:
83.22 	(1) providing additional grants, loans, and technical assistance to public agencies 
83.23 	and others who are participating in the process of testing waters, identifying impaired 
83.24 	waters, developing total maximum daily loads, implementing restoration plans for 
83.25 	impaired waters, and evaluating the effectiveness of restoration;
83.26 	(2) supporting additional measures to prevent surface waters from becoming 
83.27 	impaired and to improve the quality of waters that are listed as impaired, but do not have 
83.28 	an approved total maximum daily load addressing the impairment;
83.29 	(3) providing additional grants and loans for wastewater and storm water treatment 
83.30 	projects through the Public Facilities Authority;
83.31 	(4) supporting additional measures to prevent the degradation of groundwater in 
83.32 	accordance with the groundwater degradation prevention goal under section 103H.001; and
83.33 	(5) providing additional funds to state agencies to carry out their responsibilities, 
83.34 	including enhanced compliance and enforcement, under this chapter.
84.1 	(b) Funds from the clean water fund must supplement traditional sources of funding 
84.2 	for these purposes and may not be used as a substitute.
84.3 		Subd. 4.Expenditures; accountability. (a) A project receiving funding from 
84.4 	the clean water fund must meet or exceed the constitutional requirements to protect, 
84.5 	enhance, and restore water quality in lakes, rivers, and streams and to protect groundwater 
84.6 	from degradation. Priority must be given to projects that meet more than one of these 
84.7 	requirements. A project receiving funding from the clean water fund shall include 
84.8 	measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for 
84.9 	measuring and evaluating the results. A project must be consistent with current science 
84.10 	when appropriate and incorporate state-of-the-art technology when appropriate.
84.11 	(b) Biennially, money from the clean water fund shall be expended to balance the 
84.12 	benefits across all regions and residents of the state.
84.13 	(c) All information for proposed and funded projects, including the proposed 
84.14 	measurable outcomes, must be made available on the Web site required under section 
84.15 	3.303, subdivision 10, as soon as practicable. Information on the measured outcomes and 
84.16 	evaluation must be posted as it becomes available. Information classified as not public 
84.17 	under section 13D.05, subdivision 3, paragraph (d), is not required to be placed on the 
84.18 	Web site.
84.19 	(d) Grants funded by the clean water fund must be implemented according to section 
84.20 	16B.98. Proposals must specify all organizations, including contact information, that 
84.21 	will receive any portion of a grant and specify a process for any regranting envisioned. 
84.22 	Priority for grant proposals must be given to proposals involving grants that will be 
84.23 	competitively awarded.
84.24 	(e) A recipient of money from the clean water fund must display a sign on lands 
84.25 	and capital improvements purchased, restored, or protected with money from the clean 
84.26 	water fund that identifies it as a project funded with money from the vote of the people of 
84.27 	Minnesota on November 4, 2008.
84.28 	(f) Money from the clean water fund may only be spent on projects located in 
84.29 	Minnesota.
84.30 		Subd. 5.Data availability. Data collected by the projects funded with money from 
84.31 	the clean water fund that have value for planning and management of natural resources, 
84.32 	emergency preparedness, and infrastructure investments must conform to the enterprise 
84.33 	information architecture developed by the Office of Enterprise Technology. Spatial data 
84.34 	must conform to geographic information system guidelines and standards outlined in that 
84.35 	architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land 
84.36 	Management Information Center. A description of these data that adheres to the Office 
85.1 	of Enterprise Technology geographic metadata standards must be submitted to the Land 
85.2 	Management Information Center to be made available online through the clearinghouse 
85.3 	and the data must be accessible and free to the public unless made private under chapter 
85.4 	13. To the extent practicable, summary data and results of projects funded with money 
85.5 	from the clean water fund should be readily accessible on the Internet and identified as a 
85.6 	clean water fund project.
85.7 		Subd. 6.Special review. A project receiving an appropriation or appropriations 
85.8 	from the clean water fund totaling $10,000,000 or more in a biennium is subject to the 
85.9 	following requirements:
85.10 	(1) the attorney general must review and approve all contracts and real estate 
85.11 	transactions, including conservation easements, and make a determination of whether they 
85.12 	are in the best interest of the state and whether they meet all applicable requirements; and
85.13 	(2) a second appraisal, meeting the state appraisal requirements for land acquisitions 
85.14 	under section 84.0272, must be conducted and approved by the commissioner of natural 
85.15 	resources for all real estate transactions, including conservation easements.

85.16 	Sec. 16. Minnesota Statutes 2008, section 116P.05, subdivision 2, is amended to read:
85.17 		Subd. 2.Duties. (a) The commission shall recommend an annual legislative bill for 
85.18 	appropriations from the environment and natural resources trust fund and shall adopt a 
85.19 	strategic plan as provided in section 116P.08. Approval of the recommended legislative 
85.20 	bill requires an affirmative vote of at least 12 members of the commission. 
85.21 	(b) The commission shall recommend expenditures to the legislature from the state 
85.22 	land and water conservation account in the natural resources fund.
85.23 	(c) It is a condition of acceptance of the appropriations made from the Minnesota 
85.24 	environment and natural resources trust fund, and oil overcharge money under section 
85.25 	4.071, subdivision 2, that the agency or entity receiving the appropriation must submit 
85.26 	a work program and semiannual progress reports in the form determined by the 
85.27 	Legislative-Citizen Commission on Minnesota Resources, and comply with applicable 
85.28 	reporting requirements under section 116P.16. The work program and semiannual 
85.29 	progress reports must include a list of measurable outcomes and a plan for measuring 
85.30 	and evaluating the results. A list of any lands to be restored, or acquired in fee title or 
85.31 	through easements, and the entity that will hold the title or easement must be identified 
85.32 	in the work program. None of the money provided may be spent unless the commission 
85.33 	has approved the pertinent work program.
86.1 	(d) The peer review panel created under section 116P.08 must also review, comment, 
86.2 	and report to the commission on research proposals applying for an appropriation from the 
86.3 	oil overcharge money under section 4.071, subdivision 2.
86.4 	(e) The commission may adopt operating procedures to fulfill its duties under this 
86.5 	chapter.
86.6 	(f) As part of the operating procedures, the commission shall:
86.7 	(1) ensure that members' expectations are to participate in all meetings related to 
86.8 	funding decision recommendations;
86.9 	(2) recommend adequate funding for increased citizen outreach and communications 
86.10 	for trust fund expenditure planning;
86.11 	(3) allow administrative expenses as part of individual project expenditures based 
86.12 	on need;
86.13 	(4) provide for project outcome evaluation;
86.14 	(5) keep the grant application, administration, and review process as simple as 
86.15 	possible; and 
86.16 	(6) define and emphasize the leveraging of additional sources of money that project 
86.17 	proposers should consider when making trust fund proposals. 

86.18 	Sec. 17. Minnesota Statutes 2008, section 129D.17, is amended to read:
86.19 	129D.17 ARTS AND CULTURAL HERITAGE FUND.
86.20 		Subdivision 1.Establishment. The arts and cultural heritage fund is established in 
86.21 	the Minnesota Constitution, article XI, section 15. All money earned by the fund must 
86.22 	be credited to the fund.
86.23 		Subd. 2.Expenditures; accountability. (a) Funding from the arts and cultural 
86.24 	heritage fund may be spent only for arts, arts education, and arts access and to preserve 
86.25 	Minnesota's history and cultural heritage. A project or program receiving funding from the 
86.26 	arts and cultural heritage fund must include measurable outcomes, as defined in section 
86.27 	3.303, subdivision 10, and a plan for measuring and evaluating the results. A project or 
86.28 	program must be consistent with current scholarship, or best practices, when appropriate 
86.29 	and incorporate state-of-the-art technology when appropriate.
86.30 	(b) Funding from the arts and cultural heritage fund may be granted for an entire 
86.31 	project or for part of a project so long as the recipient provides a description and cost for 
86.32 	the entire project and can demonstrate that it has adequate resources to ensure that the 
86.33 	entire project will be completed. 
86.34 	(c) Biennially, money from the arts and cultural heritage fund shall be expended to 
86.35 	balance the benefits across all regions and residents of the state.
87.1 	(d) All information for funded projects, including the proposed measurable 
87.2 	outcomes, must be made available on the Web site required under section 3.303, 
87.3 	subdivision 10, as soon as practicable. Information on the measured outcomes and 
87.4 	evaluation must be posted as soon as it becomes available.
87.5 	(e) Grants funded by the arts and cultural heritage fund must be implemented 
87.6 	according to section 16B.98. Proposals must specify all organizations, including contact 
87.7 	information, that will receive any portion of a grant and specify a process for any 
87.8 	regranting envisioned. Priority for grant proposals must be given to proposals involving 
87.9 	grants that will be competitively awarded.
87.10 	(f) A recipient of money from the arts and cultural heritage fund must display a sign 
87.11 	on capital projects and an acknowledgment in a printed program or other material funded 
87.12 	with money from the arts and cultural heritage fund that identifies it as a project funded 
87.13 	with money from the vote of the people of Minnesota on November 4, 2008.
87.14 	(g) All money from the arts and cultural heritage fund must be for projects located 
87.15 	in Minnesota.
87.16 		Subd. 3.Special review. A project receiving an appropriation or appropriations 
87.17 	from the arts and cultural heritage fund totaling $10,000,000 or more in a biennium is 
87.18 	subject to the following requirements:
87.19 	(1) the attorney general must review and approve all contracts and real estate 
87.20 	transactions and make a determination of whether they are in the best interest of the state 
87.21 	and whether they meet all applicable requirements; and
87.22 	(2) a second appraisal, meeting the state appraisal requirements for land acquisitions, 
87.23 	must be conducted.

87.24 	Sec. 18. STATE AND REGIONAL PARKS AND TRAILS FRAMEWORK.
 87.25 	(a) $250,000 in fiscal year 2010 is appropriated from the parks and trails fund to 
87.26 	the commissioner of natural resources for a collaborative project to develop a 25-year 
87.27 	framework for the use of the money available in the parks and trails fund under the 
87.28 	Minnesota Constitution, article XI, section 15, and other traditional sources of funding. 
87.29 	The collaborative project shall consist of a joint effort between representatives of the 
87.30 	commissioner of natural resources, the Metropolitan Council and its implementing 
87.31 	agencies, the Central Minnesota Regional Parks and Trails Coordinating Board, and 
87.32 	regional parks and trails organizations outside the metropolitan area. The members shall 
87.33 	prepare a ten-year strategic parks and trails coordination plan and develop a 25-year 
87.34 	framework for use of the funding that includes goals and measurable outcomes and 
88.1 	includes a vision for Minnesotans of what the state and regional parks will look like in 
88.2 	25 years.
88.3 	(b) In developing the coordination plan and framework, the members shall utilize a 
88.4 	process, including Web site survey tools and regional listening sessions, to be staffed by 
88.5 	the commissioner, that ensures that citizens are included in development and finalization 
88.6 	of the final plan and framework. The commissioner, council, and board shall provide for 
88.7 	input from user groups and local and regional park and trail organizations.
88.8 	(c) The plan and framework must include:
88.9 	(1) a proposed definition of "parks and trails of regional significance";
88.10 	(2) a plan to increase the number of visitors to state and regional parks;
88.11 	(3) assessment of the need for new or expanded regional outdoor recreation systems 
88.12 	to preserve and connect high-quality, diverse natural resources in areas with concentrated 
88.13 	and increasing populations;
88.14 	(4) budgeting for ongoing maintenance;
88.15 	(5) decommissions;
88.16 	(6) a plan for trails that takes into account connectivity and the potential for use 
88.17 	by commuters;
88.18 	(7) requirements for local contribution; and
88.19 	(8) benchmarks, beginning no later than July 1, 2014.
88.20 	(d) The commissioner shall submit the ten-year plan and 25-year framework in 
88.21 	November 15, 2009.

88.22 	Sec. 19. ARTS AND CULTURAL HERITAGE FRAMEWORK.
 88.23 	(a) By February 1, 2010, a joint subcommittee of the house of representatives 
88.24 	and senate committees with jurisdiction over the arts and cultural heritage fund shall 
88.25 	conduct public meetings to gather additional public stakeholder input and provide 
88.26 	recommendations to their respective bodies for a one-year plan establishing criteria, 
88.27 	priorities, and parameters for awarding grants and resources. The joint subcommittee 
88.28 	shall select representatives to participate in the collaborative project created under 
88.29 	paragraph (b). The Legislative Coordinating Commission may use resources allocated to 
88.30 	it under this section to provide the research and analysis necessary for the subcommittee 
88.31 	to complete their work.
88.32 	(b) $250,000 in fiscal year 2010 is appropriated from the arts and cultural heritage 
88.33 	fund to the Legislative Coordinating Commission for a collaborative project to develop 
88.34 	a ten-year plan and a 25-year framework for the use of the money available in the arts 
88.35 	and cultural heritage fund under the Minnesota Constitution, article XI, section 15, and 
89.1 	other traditional sources of funding. The collaborative project shall consist of a joint 
89.2 	effort between representatives nominated by various listed organizations as follows, and 
89.3 	approved by the director: an arts education organization serving youth, an arts education 
89.4 	organization serving adults, a civics education organization, the Minnesota Historical 
89.5 	Society, local and regional historical organizations, Minnesota Board of the Arts, selected 
89.6 	Minnesota zoos, children's museums, and libraries, Minnesota public television and radio, 
89.7 	the Minnesota Center for the Humanities, and the Science Museum of Minnesota. The 
89.8 	speaker of the house and the senate Subcommittee on Committees of the Committee on 
89.9 	Rules and Administration shall each appoint three public members with expertise in the 
89.10 	arts and cultural heritage, who have no connection to existing arts and cultural heritage 
89.11 	organizations, and who come from diverse areas of the state, to provide public perspective 
89.12 	on future frameworks for funding. The commission shall ensure that public hearings are 
89.13 	conducted by those creating plans and frameworks under this section. The members shall 
89.14 	prepare a ten-year plan and a 25-year framework for use of the funding that includes goals 
89.15 	and measurable outcomes and includes a vision for Minnesotans of what arts, history, and 
89.16 	cultural heritage will look like in 25 years. The Legislative Coordinating Commission 
89.17 	may choose to issue a contract to the University of Minnesota to conduct and coordinate 
89.18 	this collaborative project, or may let a competitive grant to another organization for such a 
89.19 	contract.
89.20 	(c) In developing the coordination plan and framework, the members shall utilize 
89.21 	a process, including Web site survey tools and regional listening sessions, to be staffed 
89.22 	by the Legislative Coordinating Commission, that ensures that citizens are included 
89.23 	in development and finalization of the final plan and framework. The Legislative 
89.24 	Coordinating Commission shall provide for input from user groups and local and regional 
89.25 	arts and cultural heritage organizations.
89.26 	(d) The plan and framework must include:
89.27 	(1) a proposed definition of "arts, history, and cultural heritage";
89.28 	(2) a plan to increase participation in arts, history, and cultural activities;
89.29 	(3) plans to enhance services to persons, programs, artists, and communities not 
89.30 	traditionally served by existing programs, including plans to develop and change existing 
89.31 	program priorities to meet these goals;
89.32 	(4) a plan for serving areas with limited access to arts, historical, and cultural 
89.33 	heritage organizations;
89.34 	(5) parameters for ongoing budgeting;
89.35 	(6) requirements for local contribution;
89.36 	(7) standards for measuring outcomes;
90.1 	(8) leveraging private and nonstate dollars and examining the economic impact 
90.2 	of new and expanded programs;
90.3 	(9) consideration and feasibility of a revolving loan fund for capital projects; and
90.4 	(10) consideration of ways to best limit funding to Minnesota-only projects.
90.5 	(e) The director of the Legislative Coordinating Commission shall submit the 
90.6 	ten-year plan and a 25-year framework in a report to the legislature no later than October 
90.7 	1, 2010, and shall submit a preliminary report no later than December 15, 2009.

90.8 	Sec. 20. COMPREHENSIVE STATEWIDE SUSTAINABLE WATER 
90.9 	RESOURCES DETAILED FRAMEWORK.
 90.10 	(a) The University of Minnesota shall develop a comprehensive statewide 
90.11 	sustainable water resources detailed framework to protect, conserve, and enhance the 
90.12 	quantity and quality of the state's ground and surface waters. The detailed framework 
90.13 	shall be a long-range, 25-year detailed framework, with an implementation schedule and 
90.14 	associated benchmarks, for policy, research, monitoring, and evaluation in order to achieve 
90.15 	sustainable ground and surface water use, including the ecological benefits provided by 
90.16 	water resources to humans and fish and wildlife habitat. For the purposes of the detailed 
90.17 	framework, water use is sustainable when the use does not harm ecosystems, degrade 
90.18 	water quality, or compromise the ability of future generations to meet their own needs.
90.19 	(b) The detailed framework shall be developed by the University of Minnesota Water 
90.20 	Resources Center in cooperation with federal, state, and local government and private 
90.21 	nonprofits with expertise in water resources. In developing the detailed framework, the 
90.22 	water resources plans of organizations with water resources expertise shall be considered. 
90.23 	The detailed framework must include, but is not limited to, identification of infrastructure 
90.24 	needs, drinking water, ground and surface waters, storm water, agricultural and industrial 
90.25 	needs, the interfaces of climate change, development and land use, and demographics. 
90.26 	The detailed framework must identify best practices and methods for determining the 
90.27 	effectiveness of those practices for wastewater treatment, drinking water source protection, 
90.28 	pollution prevention, conservation, and water valuation.
90.29 	(c) The University of Minnesota shall also develop a ten-year plan for sustainable 
90.30 	water resources. In developing this plan, the University of Minnesota Water Resources 
90.31 	Center shall examine existing plans, as available and appropriate, from the Environmental 
90.32 	Quality Board and Clean Water Council.
90.33 	(d) The University of Minnesota shall submit the detailed framework to the chairs 
90.34 	of the legislative committees with jurisdiction over agriculture policy and finance and 
90.35 	environment and natural resources policy and finance by January 1, 2011.
91.1 	(e) It is a condition of acceptance of this appropriation that the University of 
91.2 	Minnesota must submit a work plan, a timeline, a budget, and periodic progress reports to 
91.3 	the Legislative Coordinating Commission. After review, the work plan, progress reports, 
91.4 	and any comments on the plan must be submitted to the house of representatives and 
91.5 	senate environment finance and policy committees, and to the Legislative Coordinating 
91.6 	Commission.

91.7 	Sec. 21. LIMITS ON APPROPRIATIONS.
 91.8 	All appropriations from any fund created under the Minnesota Constitution, article 
91.9 	XI, section 15, shall be onetime only, for the 2010-2011 biennium, and shall not carry 
91.10 	forward past 2011 unless otherwise stated. No appropriations may be carried forward as 
91.11 	part of a budget base. The legislature shall reconsider all funding before the beginning 
91.12 	of the 2011 legislative session, and shall construct new appropriations without regard 
91.13 	to past funding decisions.

91.14 	ARTICLE 6
91.15 	MANAGEMENT

91.16 	Section 1. [84C.021] CONSERVATION EASEMENT PURPOSE STATEMENT.
91.17 	A conservation easement purchased in whole or in part with state funds appropriated 
91.18 	on or after July 1, 2009, must include a statement of the conservation purposes of the 
91.19 	easement including the conservation attributes associated with the real property and the 
91.20 	benefit to the general public intended to be served by the restriction on uses of the real 
91.21 	property subject to the conservation easement.

91.22 	Sec. 2. [84C.06] LONG-TERM LAND MANAGEMENT ACCOUNT.
91.23 		Subdivision 1.Account established. A long-term land management account is 
91.24 	established in the special revenue fund. The commissioner of finance shall credit to the 
91.25 	long-term land management account the contributions required under subdivision 2 and 
91.26 	any gifts and donations made to the account. The State Board of Investment shall invest 
91.27 	the principle of the account. All earnings on the investment shall accrue to the account. For 
91.28 	the purposes of this section, land management includes monitoring and enforcement. The 
91.29 	commissioner of finance shall report to the legislature by January 15 of each odd-numbered 
91.30 	year on contributions and investment earnings of the account and, effective in 2019, on 
91.31 	expenditures from the account. "Monitoring" for purposes of this section means review of 
91.32 	actual practices of land management as they occur. "Enforcement" for purposes of this 
91.33 	section means actions taken to ensure compliance with laws and stated agreements.
92.1 		Subd. 2.Contributions required. (a) A holder of a permanent conservation 
92.2 	easement purchased in whole or in part with state funds appropriated on or after July 1, 
92.3 	2009, shall contribute the greater of $10,000 or five percent of the appraised value of the 
92.4 	land to the long-term land management account established in subdivision 1 within 30 
92.5 	days of purchasing the easement.
92.6 	(b) A holder of a permanent conservation easement that transfers the conservation 
92.7 	easement to the state on or after July 1, 2009, shall contribute the greater of $10,000 
92.8 	or five percent of the appraised value of the land to the long-term land management 
92.9 	account established in subdivision 1 within 30 days of transferring the easement unless the 
92.10 	contribution requirement has been met by the state.
92.11 	(c) The owner of land acquired in fee title purchased in whole or in part with state 
92.12 	funds appropriated on or after July 1, 2009, for natural resource purposes, including 
92.13 	lands acquired by the commissioner of natural resources and lands acquired to restore, 
92.14 	protect, and enhance wetlands, prairies, forests, habitat, water quality, and other natural 
92.15 	resources, shall contribute the greater of $10,000 or five percent of the appraised value of 
92.16 	the land to the long-term land management account established in subdivision 1 within 
92.17 	30 days of purchasing the land.
92.18 	(d) The owner of land acquired in fee title purchased in whole or in part with state 
92.19 	funds for natural resource purposes, including lands acquired by the commissioner of 
92.20 	natural resources or lands acquired to restore, protect, and enhance wetlands, prairies, 
92.21 	forests, habitat, water quality, and other natural resources, that transfers land to the state 
92.22 	on or after July 1, 2009, shall contribute the greater of $10,000 or five percent of the 
92.23 	appraised value of the land to the long-term land management account established in 
92.24 	subdivision 1 within 30 days of transferring the land unless the contribution requirement 
92.25 	has been met by the state. This paragraph does not apply to a unit of local government 
92.26 	for land acquired for park purposes, trails, open space, conservation, and agricultural 
92.27 	preservation, if the commissioner of natural resources determines that the governing body 
92.28 	of the unit of local government has approved a plan to manage the land for as long as the 
92.29 	unit of local government owns the land.
92.30 	(e) Nothing in this section prohibits a holder of an easement or the owner of land 
92.31 	in fee title from accepting gifts or other funds to be used in meeting the contribution 
92.32 	requirements of this section or prohibits a contribution from being made on behalf of a 
92.33 	holder of an easement or owner of land in fee title to meet the requirements of this section.
92.34 	(f) For the purposes of this section, "appraised value" is the most recent assessor's 
92.35 	estimated market value under section 273.11, subdivision 1, the most recent purchase 
92.36 	price, or the most recent appraised value of the land, whichever is greater.
93.1 	(g) For conservation easements acquired under chapters 103B to 103H, or when 
93.2 	federal funds contribute to the purchase of an easement, the state's easement cost as 
93.3 	determined by rates established by the Board of Water and Soil Resources, will be the 
93.4 	basis for determining the five percent in this section.
93.5 		Subd. 3.Exemption. The commissioner of natural resources and the Board of 
93.6 	Water and Soil Resources may waive the contribution requirement under subdivision 2 for 
93.7 	a holder of a conservation easement or owner of land in fee title, upon request, provided 
93.8 	the following conditions are met:
93.9 	(1) for the holder of a conservation easement, the holder must:
93.10 	(i) demonstrate a history of providing long-term management, monitoring, and 
93.11 	enforcement of conservation easements;
93.12 	(ii) demonstrate the ability to fund long-term management, monitoring, and 
93.13 	enforcement of conservation easements; and
93.14 	(iii) have or soon will set aside funds for the management, monitoring, and 
93.15 	enforcement of the conservation easement subject to the requirement under subdivision 2, 
93.16 	such as administration of an account similar to the long-term land management account 
93.17 	established under this section.
93.18 	(2) for the owner of land in fee title, the owner must:
93.19 	(i) demonstrate a history of providing land management in accordance with 
93.20 	applicable requirements and natural resource purposes;
93.21 	(ii) demonstrate the ability to fund the applicable land management requirements 
93.22 	and purposes; and
93.23 	(iii) have or soon will set aside funds for the management of the land subject to the 
93.24 	requirement under subdivision 2, such as administration of an account similar to the 
93.25 	long-term land management account established under this section.
93.26 		Subd. 4.Expenditures. Money appropriated from the long-term land management 
93.27 	account must only be spent on the management, monitoring, and enforcement of 
93.28 	conservation easements to ensure that the purposes for conservation easements according 
93.29 	to section 84C.021 are met and on the management of lands purchased with state funds 
93.30 	for natural resource purposes. Funds must be appropriated by law and shall not be 
93.31 	appropriated until July 1, 2017.

93.32 	Sec. 3. Minnesota Statutes 2008, section 477A.12, subdivision 2, is amended to read:
93.33 		Subd. 2.Procedure. Lands for which payments in lieu are made pursuant to section 
93.34 	97A.061, subdivision 3, and Laws 1973, chapter 567, or lands for which a onetime 
93.35 	payment has been made under section 477A.121 shall not be eligible for payments 
94.1 	under this section. Each county auditor shall certify to the Department of Natural 
94.2 	Resources during July of each year prior to the payment year the number of acres of 
94.3 	county-administered other natural resources land within the county. The Department of 
94.4 	Natural resources may, in addition to the certification of acreage, require descriptive lists 
94.5 	of land so certified. The commissioner of natural resources shall determine and certify to 
94.6 	the commissioner of revenue by March 1 of the payment year:
94.7 	(1) the number of acres and most recent appraised value of acquired natural 
94.8 	resources land within each county;
94.9 	(2) the number of acres of commissioner-administered natural resources land within 
94.10 	each county;
94.11 	(3) the number of acres of county-administered other natural resources land within 
94.12 	each county, based on the reports filed by each county auditor with the commissioner 
94.13 	of natural resources; and
94.14 	(4) the number of acres of land utilization project land within each county.
94.15 	The commissioner of transportation shall determine and certify to the commissioner 
94.16 	of revenue by March 1 of the payment year the number of acres of land and the appraised 
94.17 	value of the land described in subdivision 1, paragraph (b), but only if it exceeds 500 acres.
94.18 	The commissioner of revenue shall determine the distributions provided for in this 
94.19 	section using the number of acres and appraised values certified by the commissioner of 
94.20 	natural resources and the commissioner of transportation by March 1 of the payment year.

94.21 	Sec. 4. [477A.121] NATURAL RESOURCES LAND ONETIME PAYMENT.
94.22 		Subdivision 1.Onetime payments. (a) A onetime payment shall be made under 
94.23 	this section on any acquired natural resources land purchased with funds from the outdoor 
94.24 	heritage fund appropriated on or after July 1, 2010, to the county in which the land is 
94.25 	located. The payment is equal to 25 percent of the appraised value of the acquired natural 
94.26 	resources land.
94.27 	(b) Each year, the commissioner of natural resources shall determine the total 
94.28 	amount of payments for each county on acquired natural resources lands located in the 
94.29 	county that were acquired in the previous calendar year and certify that amount to the 
94.30 	commissioner of revenue by March 1.
94.31 	(c) Land receiving a onetime payment under this section is not eligible for payments 
94.32 	under section 97A.061 or 477A.12.
94.33 		Subd. 2.Determination of appraised value. For the purposes of this section, the 
94.34 	appraised value of acquired natural resources land is the purchase price. If the acquisition 
94.35 	involves a donation, the appraised value of acquired natural resources land is the value 
95.1 	determined for the commissioner of natural resources by a licensed appraiser, or the 
95.2 	county assessor's estimated market value if the county assessor's estimated market value is 
95.3 	less than $100,000 and no appraisal has been done.
95.4 		Subd. 3.Transfer; source of funds. An amount necessary to make the payments 
95.5 	required under this section is annually appropriated to the commissioner of natural 
95.6 	resources from the outdoor heritage fund for transfer to the commissioner of revenue. The 
95.7 	commissioner of revenue shall make the payments required under this section to the 
95.8 	counties at the same time that the first half of aid payments under sections 477A.011 to 
95.9 	477A.014 are made.
95.10 		Subd. 4.Investment and use of funds. (a) Upon receipt of a onetime payment, 
95.11 	the county shall disburse to each town an equivalent percentage of the onetime payment 
95.12 	as would have been distributed to the town under section 477A.14 of funds paid under 
95.13 	section 477A.12.
95.14 	(b) The onetime payment remaining after disbursement under paragraph (a) shall be 
95.15 	invested and only the interest may be expended, except that the board may approve by 
95.16 	unanimous vote the use of principal for authorized purposes when it is determined that 
95.17 	the interest payment is insufficient for a required expenditure. The interest or authorized 
95.18 	principal may only be used for the purposes under section 97A.061 or 477A.12.

95.19 	Sec. 5. EFFECTIVE DATE.
 95.20 	(a) Sections 1 to 4 are effective July 1, 2009, except that sections 1 to 4 do not apply 
95.21 	to the Board of Water and Soil Resources until September 30, 2010; and
95.22 	(b) Sections 1 to 4 do not apply to any project or appropriation contained in this act.

95.23 	ARTICLE 7
95.24 	MISCELLANEOUS

95.25 	Section 1. [3.3006] APPLICATION.
95.26 	The definitions of "enhance," "protect," and "restore" in section 84.02 apply to all 
95.27 	funds appropriated and purposes authorized under the clean water fund, parks and trails 
95.28 	fund, and outdoor heritage fund.

95.29 	Sec. 2. Minnesota Statutes 2008, section 84.02, is amended by adding a subdivision to 
95.30 	read:
95.31 		Subd. 4a.Enhance. "Enhance" means to improve in value, quality, and desirability 
95.32 	in order to increase the ecological value of the land or water.

96.1 	Sec. 3. Minnesota Statutes 2008, section 84.02, is amended by adding a subdivision to 
96.2 	read:
96.3 		Subd. 6a.Protect. "Protect" means actions taken to preserve the structure and 
96.4 	functions of ecological systems to maintain active and healthy ecosystems and prevent 
96.5 	future degradation.

96.6 	Sec. 4. Minnesota Statutes 2008, section 84.02, is amended by adding a subdivision to 
96.7 	read:
96.8 		Subd. 6b.Restore. "Restore" means renewing degraded, damaged, or destroyed 
96.9 	ecosystems through active human intervention to achieve high-quality ecosystems 
96.10 	that provide the structure, function, biological diversity, and dynamics of the specific 
96.11 	ecosystem.

96.12 	Sec. 5. [129D.18] PUBLIC TELEVISION AND RADIO CULTURAL AND 
96.13 	HERITAGE PRODUCTION AND ACQUISITION GRANTS.
96.14 		Subdivision 1.Use of grant funds. Money appropriated from the Minnesota arts 
96.15 	and cultural heritage fund may be designated to make grants to public stations, as defined 
96.16 	in section 129D.12, subdivision 2, and public educational radio stations. Grants received 
96.17 	under this section must be used to create, produce, acquire, or distribute programs that 
96.18 	educate, enhance, or promote local, regional, or statewide items of artistic, cultural, or 
96.19 	historic significance. Grant funds may be used to cover any expenses associated with the 
96.20 	creation, production, acquisition, or distribution of public television or radio programs 
96.21 	through broadcast or online, including the creation and distribution of educational 
96.22 	materials.
96.23 		Subd. 2.Administration. Money appropriated under this section must be used by 
96.24 	the commissioner of administration to make grants based upon the recommendations of 
96.25 	the Minnesota Public Television Association or the Association of Minnesota Public 
96.26 	Educational Radio Stations.
96.27 		Subd. 3.Conditions. (a) A public station or public educational radio station 
96.28 	receiving funds appropriated under this section must:
96.29 	(1) make programs produced with these funds available for broadcast to all other 
96.30 	public stations or public educational radio stations eligible to receive grants under this 
96.31 	section;
96.32 	(2) offer free public performance rights for public educational institutions;
96.33 	(3) archive programs produced with these funds and make the programs available 
96.34 	for future use through encore broadcast or other distribution, including online; and
97.1 	(4) ensure that underwriting credit is given to the Minnesota arts and cultural 
97.2 	heritage fund.
97.3 	(b) Programs produced in partnership with other mission-centered nonprofit 
97.4 	organizations may be used by the partnering organization for its own educational or 
97.5 	promotional purposes.
97.6 		Subd. 4.Reporting. A public station or public educational radio station 
97.7 	receiving funds appropriated under this section must report annually by August 1 to the 
97.8 	commissioner and the chairs of the senate and house of representatives committees and 
97.9 	divisions having jurisdiction over arts and cultural heritage policy and budget regarding 
97.10 	how the previous year's grant funds were expended. This report must contain specific 
97.11 	information regarding the details for each program produced and broadcast, including the 
97.12 	cost of production, the number of stations broadcasting the program, estimated viewership 
97.13 	or number of listeners, the number of Web site downloads, and other related measures. 
97.14 	If the programs produced include educational material, the public station or public 
97.15 	educational radio station must report to the commissioner on these efforts.

97.16 	Sec. 6. [138.0375] HISTORY EDUCATION LEARNING PROGRAM.
97.17 		Subdivision 1.History education learning program established. The history 
97.18 	education learning program (HELP) is established to augment the preservation of historic 
97.19 	sites and museums in Minnesota with funding from the arts and cultural heritage fund 
97.20 	created by the Minnesota Constitution, article XI, section 15.
97.21 		Subd. 2.Eligible projects. (a) HELP funding must be for one or more of the 
97.22 	following purposes:
97.23 	(1) code compliance at a historic site or museum, including, but not limited to, 
97.24 	health and safety, Americans with Disabilities Act requirements, hazardous material 
97.25 	abatement, access improvement, air quality improvement, energy conservation measures, 
97.26 	or sustainable energy systems;
97.27 	(2) building, grounds, or infrastructure repairs or maintenance necessary to preserve 
97.28 	or protect the historic site or museum; or
97.29 	(3) improvements or modernization for interactive, interpretive, or cultural purposes 
97.30 	at a historic site or museum.
97.31 	(b) Up to 15 percent of an appropriation under this section may be used for design, 
97.32 	project management, and administrative costs.
97.33 		Subd. 3.State-owned or state-operated historic sites and museums. Money 
97.34 	appropriated for purposes of this subdivision is for state-owned or state-operated historic 
97.35 	sites and museums and must be used for the purposes described in subdivision 2. 
98.1 		Subd. 4.Project priorities; report to legislature. (a) The Minnesota Historical 
98.2 	Society shall establish criteria for prioritizing HELP projects.
98.3 	(b) By January 15 of each year, the Minnesota Historical Society shall submit 
98.4 	a prioritization plan to the chairs and ranking minority members of the house of 
98.5 	representatives and senate committees and divisions with jurisdiction over arts and cultural 
98.6 	heritage finance. The prioritization plan must include, without limitation, a list of the 
98.7 	projects that have been paid for during the preceding calendar year with HELP funding, 
98.8 	a prioritized list of projects for which HELP funding will be sought during the next six 
98.9 	fiscal years, and a summary of the need and estimated costs for each project.

98.10 	Sec. 7. VOLUNTEER WORKING GROUP ON DAKOTA AND OJIBWE 
98.11 	LANGUAGE REVITALIZATION AND PRESERVATION.
 98.12 		Subdivision 1.Establishment. A volunteer working group is established to develop 
98.13 	a unified strategy to revitalize and preserve indigenous languages of the 11 federally 
98.14 	recognized American Indian tribes in Minnesota. As the federal government recognized 
98.15 	through passage of the Esther Martinez Native American Languages Preservation Act 
98.16 	of 2006, the revitalization and preservation of American Indian languages is of vital 
98.17 	importance to preserving the American Indian culture. There have been recent efforts in 
98.18 	Minnesota to develop programs to teach the Dakota and Ojibwe languages to students 
98.19 	and to create fluent speakers at both the kindergarten through grade 12 level and at the 
98.20 	postsecondary level. The volunteer working group shall, among other duties, inventory 
98.21 	these efforts and make recommendations regarding how to further revitalize and preserve 
98.22 	Dakota and Ojibwe languages. 
98.23 		Subd. 2.Membership. The executive director of the Minnesota Indian Affairs 
98.24 	Council shall invite each of the 11 federally recognized tribes under Minnesota Statutes, 
98.25 	section 3.922, subdivision 1, clause (1), to participate by appointing one member of each 
98.26 	tribe to the working group. Three additional members shall be appointed by the Indian 
98.27 	Affairs Council. Two of these members must represent the American Indian population 
98.28 	in the Minneapolis-St. Paul area and one member must represent the American Indian 
98.29 	population in Duluth. Other working group members may include, at their discretion, the 
98.30 	commissioner of education or the commissioner's appointee, the director of the Office of 
98.31 	Higher Education or the director's appointee, the director of the Minnesota Historical 
98.32 	Society or the director's appointee, one member of the Board of Teaching, one member of 
98.33 	the senate appointed by its Subcommittee on Committees, and one member of the house 
98.34 	of representatives appointed by the speaker of the house. The working group may add 
98.35 	other members as deemed appropriate by a majority vote of the existing members. The 
99.1 	executive director of the Indian Affairs Council must convene the first meeting no later 
99.2 	than September 1, 2009. At the first meeting, the members shall elect from amongst 
99.3 	themselves a chair and vice chair of the working group.
99.4 		Subd. 3.Duties. The working group must develop strategies for the 11 federally 
99.5 	recognized American Indian tribes and the state to work together to revitalize and preserve 
99.6 	the Dakota and Ojibwe languages in Minnesota. The duties of the working group include, 
99.7 	but are not limited to:
99.8 	(1) creating an inventory of existing programs designed to preserve Dakota and 
99.9 	Ojibwe languages in the state, including postsecondary programs, programs in tribal 
99.10 	schools, and other schools throughout the state;
99.11 	(2) creating an inventory of available resources for Dakota and Ojibwe language 
99.12 	revitalization and immersion programs, including curriculum, educational materials, 
99.13 	and trained teachers;
99.14 	(3) identifying curriculum needs to train teachers to teach the Dakota and Ojibwe 
99.15 	languages in immersion programs and barriers to training teachers to teach the Dakota and 
99.16 	Ojibwe language;
99.17 	(4) identifying classroom curriculum needs for teaching students in Dakota and 
99.18 	Ojibwe languages;
99.19 	(5) determining how the identified curriculum needs should be met;
99.20 	(6) determining if there is a need for a central repository of resources, and if there 
99.21 	is a need, where the repository should be located, how it should be structured, and who 
99.22 	should have responsibility for maintaining the repository; 
99.23 	(7) determining what technical assistance the state could offer to further Dakota 
99.24 	and Ojibwe language immersion programs;
99.25 	(8) identifying both existing state and national financial resources available to further 
99.26 	Dakota and Ojibwe language revitalization and preservation efforts;
99.27 	(9) identifying current state and federal law, rules, regulations, and policy that 
99.28 	should be repealed, modified, or waived, in order to further Dakota and Ojibwe language 
99.29 	immersion programs; and 
99.30 	(10) assessing the level of interest in the community for Dakota and Ojibwe 
99.31 	language immersion programs.
99.32 		Subd. 4.Report. The working group must report its findings and recommendations 
99.33 	to the Indian Affairs Council and the committees of the legislature having jurisdiction over 
99.34 	early childhood through grade 12 education and higher education by February 15, 2011. 
99.35 	The committee expires on February 16, 2011.

99.36 	EFFECTIVE DATE. This section is effective the day following final enactment.

100.1 	ARTICLE 8
100.2 	INVASIVE SPECIES

100.3 	Section 1. APPROPRIATION; FOREST PROTECTION RESERVE.
 100.4 	$2,000,000 is appropriated in fiscal year 2010 from the outdoor heritage fund to 
100.5 	the commissioner of agriculture to identify, prevent, and in consultation with the forest 
100.6 	resources council, protect Minnesota forests by rapidly and effectively responding to the 
100.7 	threat or presence of plant pests. At the commissioner's discretion, the commissioner may 
100.8 	access this appropriation if sufficient resources are not available from state, federal, or 
100.9 	other sources or if the commissioner determines that sufficient state, federal, or other 
100.10 	resources will not be available to the commissioner in time to effectively prevent the 
100.11 	introduction or spread of tree pests and avert environmental or economic harm. Up to 
100.12 	$125,000 is available immediately to the commissioner of agriculture to update the state's 
100.13 	invasive and exotic tree pest plans by addressing the role of all stakeholders in preventing 
100.14 	the introduction or spread of, responding to, and containing outbreaks and in remediation. 
100.15 	The commissioner shall work in consultation with the commissioner of natural resources, 
100.16 	the Forest Resources Council, and the Forest Protection Task Force and shall report 
100.17 	findings and recommendations to the governor and the appropriate legislative committees. 
100.18 	The report must include recommendations to ensure that a coordinated and effective 
100.19 	response network is in place to protect our forests. The commissioner of agriculture may 
100.20 	transfer all or part of this appropriation to the commissioner of natural resources and may 
100.21 	award grants to local units of government or other entities. Any unencumbered balance 
100.22 	does not cancel at the end of fiscal year 2010 and is available in fiscal year 2011.

100.23 	Sec. 2. STATE EXTERNAL FIREWOOD QUARANTINE.
 100.24 	As authorized under Minnesota Statutes, section 18G.06, the commissioner of 
100.25 	agriculture must immediately issue and enforce an emergency state exterior quarantine 
100.26 	to prevent the entry of firewood into this state unless the person possessing the firewood 
100.27 	demonstrates to the satisfaction of the commissioner or the commissioner's agent that 
100.28 	the firewood:
100.29 	(1) was aged at least two years;
100.30 	(2) has been heated sufficiently to kill pests and disease; or
100.31 	(3) is either transported or will be received by a person who has entered into a 
100.32 	compliance agreement with the commissioner.
100.33 	The quarantine may be modified or repealed at the discretion of the commissioner of 
100.34 	agriculture, as provided under Minnesota Statutes, section 18G.06, subdivision 6.