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; 84.02, 
1.8 	by adding subdivisions; 84.66, subdivision 2; 85.53; 97A.056, subdivisions 
1.9 	2, 3, 6, 7; 103F.505; 103F.511, subdivisions 5, 8a, by adding a subdivision; 
1.10 	103F.515, subdivisions 1, 2, 4, 5, 6; 103F.521, subdivision 1; 103F.525; 
1.11 	103F.526; 103F.531; 103F.535, subdivision 5; 114D.50; 116G.15; 129D.17; 
1.12 	proposing coding for new law in Minnesota Statutes, chapters 3; 84; 85; 116; 
1.13 	129D; repealing Minnesota Statutes 2008, sections 103B.101, subdivision 
1.14 	11; 103F.511, subdivision 4; 103F.521, subdivision 2; Minnesota Rules, 
1.15 	parts 8400.3130; 8400.3160; 8400.3200; 8400.3230; 8400.3330; 8400.3360; 
1.16 	8400.3390; 8400.3500; 8400.3530; 8400.3560.
1.17 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.18 	ARTICLE 1
1.19 	OUTDOOR HERITAGE FUND

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

2.1				APPROPRIATIONS
	
2.2				Available for the Year
	
2.3				Ending June 30
	
2.4					2010
		2011

2.5	Sec. 2. OUTDOOR HERITAGE

2.6	Subdivision 1.Total Appropriation
 	$
	69,532,000
	$
	18,000,000
	
2.7 	This appropriation is from the outdoor 
2.8 	heritage fund.
2.9 	The amounts that may be spent for each 
2.10 	purpose are specified in the following 
2.11 	subdivisions.

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

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

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

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

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

4.14
4.15	(e) Northern Tall Grass Prairie National 
Wildlife Refuge Protection
					
4.16 	$1,583,000 in fiscal year 2010 is to the 
4.17 	commissioner of natural resources for an 
4.18 	agreement with the United States Fish 
4.19 	and Wildlife Service to acquire land or 
4.20 	permanent easements within the Northern 
4.21 	Tall Grass Prairie Habitat Preservation Area 
4.22 	in western Minnesota. The commissioner 
4.23 	may advance funds to the United States Fish 
4.24 	and Wildlife Service. A list of proposed fee 
4.25 	title and permanent easement acquisitions 
4.26 	must be provided as part of the required 
4.27 	accomplishment plan. Land removed from 
4.28 	this program shall transfer to the state.

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

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

5.17	Subd. 3.Forests
 		18,000,000
		18,000,000
	
5.18 	$18,000,000 in fiscal year 2010 and 
5.19 	$18,000,000 in fiscal year 2011 are to the 
5.20 	commissioner of natural resources to acquire 
5.21 	land or permanent working forest easements 
5.22 	on private forests in areas identified through 
5.23 	the Minnesota forests for the future program 
5.24 	under Minnesota Statutes, section 84.66. 
5.25 	Priority must be given to acquiring land 
5.26 	or interests in private lands within existing 
5.27 	Minnesota state forest boundaries. Any 
5.28 	easements acquired must have a forest 
5.29 	management plan as defined in Minnesota 
5.30 	Statutes, section 290C.02, subdivision 7. 
5.31 	A list of proposed fee title and easement 
5.32 	acquisitions must be provided as part of the 
5.33 	required accomplishment plan. The fiscal 
5.34 	year 2011 appropriation is available only for 
5.35 	acquisitions that, by August 15, 2009, are:
6.1 	(1) subject to a binding agreement with the 
6.2 	commissioner; and
6.3 	(2) matched by at least $9,000,000 in private 
6.4 	donations.

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

6.6
6.7	(a) Accelerated Wildlife Management Area 
Acquisition
					
6.8 	$2,900,000 in fiscal year 2010 is to the 
6.9 	commissioner of natural resources to 
6.10 	acquire land for wildlife management areas. 
6.11 	A list of proposed fee title acquisitions 
6.12 	must be provided as part of the required 
6.13 	accomplishment plan.

6.14
6.15	(b) Accelerated Shallow Lake Restorations and 
Enhancements
					
6.16 	$2,528,000 in fiscal year 2010 is to the 
6.17 	commissioner of natural resources for 
6.18 	an agreement with Ducks Unlimited, 
6.19 	Inc. or successor to restore and enhance 
6.20 	shallow lake habitats. Up to $400,000 
6.21 	of this appropriation may be used for 
6.22 	permanent easements related to shallow 
6.23 	lake restorations and enhancements. A 
6.24 	list of proposed easements and projects, 
6.25 	describing the types and locations of 
6.26 	easements, restorations, and enhancements, 
6.27 	must be provided as part of the required 
6.28 	accomplishment plan. The commissioner 
6.29 	of natural resources must agree to each 
6.30 	easement, restoration, and enhancement.

6.31
6.32	(c) Accelerate the Waterfowl Production Area 
Program in Minnesota
					
6.33 	$5,600,000 in fiscal year 2010 is to the 
6.34 	commissioner of natural resources for 
6.35 	an agreement with Pheasants Forever or 
7.1 	successor to acquire and restore wetland and 
7.2 	related upland habitats, in cooperation with 
7.3 	the United States Fish and Wildlife Service 
7.4 	and Ducks Unlimited, Inc. or successor to 
7.5 	be managed as waterfowl production areas. 
7.6 	A list of proposed acquisitions and a list of 
7.7 	proposed projects, describing the types and 
7.8 	locations of restorations, must be provided as 
7.9 	part of the required accomplishment plan.

7.10
7.11	(d) Reinvest in Minnesota Wetlands Reserve 
Program Acquisition and Restoration
					
7.12 	$9,058,000 in fiscal year 2010 is to the Board 
7.13 	of Water and Soil Resources to acquire 
7.14 	permanent easements and restore wetlands 
7.15 	and associated uplands in cooperation with 
7.16 	the United States Department of Agriculture 
7.17 	Wetlands Reserve Program. A list of 
7.18 	proposed acquisitions and a list of proposed 
7.19 	projects, describing the types and locations 
7.20 	of restorations, must be provided as part of 
7.21 	the required accomplishment plan.

7.22	(e) Shallow Lake Critical Shoreland
					
7.23 	$450,000 in fiscal year 2010 is to the 
7.24 	commissioner of natural resources for an 
7.25 	agreement with Ducks Unlimited, Inc. or 
7.26 	successor to protect habitat by acquiring 
7.27 	land associated with shallow lakes. A list of 
7.28 	proposed acquisitions must be provided as 
7.29 	part of the required accomplishment plan. 
7.30 	The commissioner of natural resources must 
7.31 	agree to each proposed acquisition.

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

7.33
7.34	(a) Outdoor Heritage Conservation Partners 
Grant Program
					
8.1 	$4,000,000 in fiscal year 2010 is to the 
8.2 	commissioner of natural resources for a pilot 
8.3 	program to provide competitive, matching 
8.4 	grants of up to $400,000 to local, regional, 
8.5 	state, and national organizations, including 
8.6 	government, for enhancement, restoration, 
8.7 	or protection of forests, wetlands, prairies, 
8.8 	and habitat for fish, game, or wildlife in 
8.9 	Minnesota. Up to 6-1/2 percent of this 
8.10 	appropriation may be used for administering 
8.11 	the grant. The funds may be advanced in 
8.12 	three equal sums, on or after November 
8.13 	1, 2009, February 1, 2010, and April 1, 
8.14 	2010. Grantees may protect land through 
8.15 	acquisition of land or interests in land. 
8.16 	Easements must be permanent. Land 
8.17 	acquired in fee must be open to hunting 
8.18 	and fishing during the open season unless 
8.19 	otherwise provided by state law. The 
8.20 	commissioner of natural resources must 
8.21 	agree to each proposed acquisition of land 
8.22 	or interest in land. The program shall 
8.23 	require a match of at least $1 nonstate funds 
8.24 	to $10 state funds. The nonstate dollars 
8.25 	match may be in-kind. The criteria for 
8.26 	evaluating grant applications must include 
8.27 	amount of habitat restored, enhanced, 
8.28 	or protected; local support; degree of 
8.29 	collaboration; urgency; multiple benefits; 
8.30 	habitat benefits provided; consistency with 
8.31 	sound conservation science; adjacency to 
8.32 	protected lands; full funding of the project; 
8.33 	supplementing existing funding; public 
8.34 	access for hunting and fishing during the 
8.35 	open season; sustainability; and use of native 
8.36 	plant materials. All projects must conform 
9.1 	to the Minnesota statewide conservation and 
9.2 	preservation plan. Wildlife habitat projects 
9.3 	must also conform to the state wildlife action 
9.4 	plan. Priority may be given to projects 
9.5 	acquiring land or easements associated 
9.6 	with existing wildlife management areas. 
9.7 	All restoration or enhancement projects 
9.8 	must be on land permanently protected by 
9.9 	conservation easement or public ownership. 
9.10 	To the extent possible, a person conducting 
9.11 	prairie restorations with money appropriated 
9.12 	in this section must plant vegetation or sow 
9.13 	seed only of ecotypes native to Minnesota, 
9.14 	and preferably of the local ecotype, using a 
9.15 	high diversity of species originating from as 
9.16 	close to the restoration site as possible, and 
9.17 	protect existing native prairies from genetic 
9.18 	contamination. Subdivision 10 applies to 
9.19 	grants awarded under this paragraph. This 
9.20 	appropriation is available until June 30, 
9.21 	2013, at which time all grant projects must 
9.22 	be completed and final products delivered, 
9.23 	unless an earlier date is specified in the grant 
9.24 	agreement. No less than 15 percent of the 
9.25 	amount of each grant must be held back from 
9.26 	reimbursement until the grant recipient has 
9.27 	completed a grant accomplishment report in 
9.28 	the form prescribed by and satisfactory to the 
9.29 	Lessard Outdoor Heritage Council.
9.30 	As a condition of proceeding with this 
9.31 	appropriation, the commissioner shall report 
9.32 	on the feasibility, process, and timeline for 
9.33 	creation of a Minnesota fish and wildlife 
9.34 	foundation, to be modeled after the National 
9.35 	Fish and Wildlife Foundation, and on the 
9.36 	possibility of allowing for the administration 
10.1 	by this entity of the conservation partners 
10.2 	grant program.
10.3 	The legislative guide created in this act 
10.4 	shall consider whether this program should 
10.5 	be administered by the National Fish and 
10.6 	Wildlife Foundation, the commissioner of 
10.7 	natural resources, or some neutral third party.

10.8	(b) Aquatic Management Area Acquisition
					
10.9 	$5,748,000 in fiscal year 2010 is to the 
10.10 	commissioner of natural resources to acquire 
10.11 	land in fee title and easement to be added to 
10.12 	the state aquatic management area system. 
10.13 	Acquired land must remain open to hunting 
10.14 	and fishing, consistent with the capacity 
10.15 	of the land, during the open season, as 
10.16 	determined by the commissioner of natural 
10.17 	resources. A list of proposed fee title and 
10.18 	easement acquisitions must be provided as 
10.19 	part of the required accomplishment plan.

10.20
10.21	(c) Cold Water River and Stream Restoration, 
Protection, and Enhancement
					
10.22 	$2,050,000 in fiscal year 2010 is to the 
10.23 	commissioner of natural resources for an 
10.24 	agreement with Trout Unlimited or successor 
10.25 	to restore, enhance, and protect cold water 
10.26 	river and stream habitats in Minnesota. A 
10.27 	list of proposed acquisitions and a list of 
10.28 	proposed projects, describing the types and 
10.29 	locations of restorations and enhancements, 
10.30 	must be provided as part of the required 
10.31 	accomplishment plan. The commissioner 
10.32 	of natural resources must agree to each 
10.33 	proposed acquisition, restoration, and 
10.34 	enhancement.

10.35	(d) Dakota County Habitat Protection
					
11.1 	$1,000,000 in fiscal year 2010 is to the 
11.2 	commissioner of natural resources for 
11.3 	an agreement with Dakota County for 
11.4 	acquisition of permanent easements. A list 
11.5 	of proposed acquisitions must be provided as 
11.6 	part of the required accomplishment plan.

11.7
11.8	(e) Lake Rebecca Water Quality Improvement 
Project
					
11.9 	$450,000 in fiscal year 2010 is to the 
11.10 	commissioner of natural resources for an 
11.11 	agreement with the Three Rivers Park 
11.12 	District to improve the water quality in Lake 
11.13 	Rebecca in Lake Rebecca Park Reserve 
11.14 	in Hennepin County. A description of the 
11.15 	activities to enhance fish habitat in Lake 
11.16 	Rebecca must be provided as part of the 
11.17 	required accomplishment plan.

11.18	(f) Fountain Lake Fish Barriers
					
11.19 	$655,000 in fiscal year 2010 is to the 
11.20 	commissioner of natural resources for 
11.21 	an agreement with the Shell Rock River 
11.22 	Watershed District to construct fish barriers 
11.23 	at three locations on Fountain Lake. Land 
11.24 	acquisition necessary for fish barrier 
11.25 	construction is permitted. A list of proposed 
11.26 	projects, describing the types and locations 
11.27 	of barriers, must be provided as part of 
11.28 	the required accomplishment plan. The 
11.29 	commissioner of natural resources must 
11.30 	agree to each proposed barrier.

11.31	Subd. 6.Administration and Other
 		880,000
		-0-

11.32	(a) Contract Management
					
11.33 	$175,000 in fiscal year 2010 is to the 
11.34 	commissioner of natural resources for 
12.1 	contract management, in fiscal years 2010 
12.2 	and 2011, for duties assigned in this section.

12.3	(b) Legislative Coordinating Commission
					
12.4 	$705,000 in fiscal year 2010 is to the 
12.5 	Legislative Coordinating Commission for 
12.6 	administrative expenses of the Lessard 
12.7 	Outdoor Heritage Council and for 
12.8 	compensation and expense reimbursement 
12.9 	of council members. Up to $100,000 may 
12.10 	be transferred to the game and fish fund as 
12.11 	reimbursement for advances to the Lessard 
12.12 	Outdoor Heritage Council made in fiscal 
12.13 	year 2009. Of this amount, $10,000 is for 
12.14 	the costs of developing and implementing a 
12.15 	Web site to contain information on projects 
12.16 	receiving appropriations.

12.17
12.18	(c) Lessard Outdoor Heritage Council Site 
Visit Exception
					
12.19 	Travel to and from site visits by council 
12.20 	members paid for under paragraph (b) are 
12.21 	not meetings of the council for the purpose 
12.22 	of receiving information under Minnesota 
12.23 	Statutes, section 97A.056, subdivision 5.

12.24	Subd. 7.Availability of Appropriation
 					
12.25 	Unless otherwise provided, the amounts in 
12.26 	this section are available until June 30, 2011, 
12.27 	when projects must be completed and final 
12.28 	accomplishments reported. For acquisition 
12.29 	of an interest in real property, the amounts in 
12.30 	this section are available until June 30, 2012. 
12.31 	If a project receives federal funds, the time 
12.32 	period of the appropriation is extended to 
12.33 	equal the availability of federal funding.

12.34	Subd. 8.Cash Advances
 					
13.1 	When the operations of the outdoor heritage 
13.2 	fund would be impeded by projected cash 
13.3 	deficiencies resulting from delays in the 
13.4 	receipt of dedicated income, and when the 
13.5 	deficiencies would be corrected within fiscal 
13.6 	year 2010, the commissioner of finance may 
13.7 	use fund-level cash reserves to meet cash 
13.8 	demands of the outdoor heritage fund. If 
13.9 	funds are transferred from the general fund to 
13.10 	meet cash flow needs, the cash flow transfers 
13.11 	must be returned to the general fund as soon 
13.12 	as sufficient cash balances are available 
13.13 	in the outdoor heritage fund. Any interest 
13.14 	earned on general fund cash flow transfers 
13.15 	accrues to the general fund and not to the 
13.16 	outdoor heritage fund.

13.17	Subd. 9.Accomplishment Plans
 					
13.18 	It is a condition of acceptance of the 
13.19 	appropriations made by this section that the 
13.20 	agency or entity using the appropriation shall 
13.21 	submit to the council an accomplishment 
13.22 	plan and periodic accomplishment reports in 
13.23 	the form determined by the Lessard Outdoor 
13.24 	Heritage Council. The accomplishment plan 
13.25 	must account for the use of the appropriation 
13.26 	and outcomes of the expenditure in measures 
13.27 	of wetlands, prairies, forests, and fish, game, 
13.28 	and wildlife habitat restored, protected, and 
13.29 	enhanced. The plan must include evaluation 
13.30 	of results. None of the money provided 
13.31 	in this section may be expended unless 
13.32 	the council has approved the pertinent 
13.33 	accomplishment plan.

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

16.18
16.19	Subd. 11.Payment Conditions and Capital 
Equipment Expenditures
 					
16.20 	All agreements, grants, or contracts referred 
16.21 	to in this section must be administered on 
16.22 	a reimbursement basis unless otherwise 
16.23 	provided in this section. Payments for 
16.24 	reimbursement may not be made before 
16.25 	November 1, 2009. Notwithstanding 
16.26 	Minnesota Statutes, section 16A.41, 
16.27 	expenditures directly related to each 
16.28 	appropriation's purpose made on or after July 
16.29 	1, 2009, are eligible for reimbursement unless 
16.30 	otherwise provided in this section. Periodic 
16.31 	payment must be made upon receiving 
16.32 	documentation that the deliverable items 
16.33 	articulated in the approved accomplishment 
16.34 	plan have been achieved, including partial 
16.35 	achievements as evidenced by approved 
16.36 	progress reports. Reasonable amounts may 
17.1 	be advanced to projects to accommodate 
17.2 	cash flow needs or to match federal share. 
17.3 	The advances must be approved as part of 
17.4 	the accomplishment plan. Capital equipment 
17.5 	expenditures in excess of $10,000 must be 
17.6 	approved as part of the accomplishment plan.

17.7
17.8	Subd. 12.Purchase of Recycled and Recyclable 
Materials
 					
17.9 	A political subdivision, public or private 
17.10 	corporation, or other entity that receives an 
17.11 	appropriation in this section must use the 
17.12 	appropriation in compliance with Minnesota 
17.13 	Statutes, sections 16B.121, regarding 
17.14 	purchase of recycled, repairable, and durable 
17.15 	materials, and 16B.122, regarding purchase 
17.16 	and use of paper stock and printing.

17.17	Subd. 13.Accessibility
 					
17.18 	Structural and nonstructural facilities must 
17.19 	meet the design standards in the Americans 
17.20 	with Disabilities Act (ADA) accessibility 
17.21 	guidelines.

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

19.11	Subd. 15.Real Property Interest Report
 					
19.12 	By December 1 each year, a recipient of 
19.13 	money appropriated under this section that 
19.14 	is used for the acquisition of an interest in 
19.15 	real property, including but not limited to an 
19.16 	easement or fee title, must submit annual 
19.17 	reports on the status of the real property to 
19.18 	the Lessard Outdoor Heritage Council or 
19.19 	its successor in a form determined by the 
19.20 	council. The responsibility for reporting 
19.21 	under this section may be transferred by 
19.22 	the recipient of the appropriation to another 
19.23 	person or entity that holds the interest in the 
19.24 	real property. To complete the transfer of 
19.25 	reporting responsibility, the recipient of the 
19.26 	appropriation must:
19.27 	(1) inform the person to whom the 
19.28 	responsibility is transferred of that person's 
19.29 	reporting responsibility;
19.30 	(2) inform the person to whom the 
19.31 	responsibility is transferred of the property 
19.32 	restrictions under subdivision 14; and
19.33 	(3) provide written notice to the council 
19.34 	of the transfer of reporting responsibility, 
19.35 	including contact information for the person 
20.1 	to whom the responsibility is transferred. 
20.2 	Before the transfer, the entity receiving 
20.3 	the transfer of property must certify to the 
20.4 	Lessard Outdoor Heritage Council, or its 
20.5 	successor, acceptance of all obligations and 
20.6 	responsibilities held by the prior owner.
20.7 	After the transfer, the person or entity that 
20.8 	holds the interest in the real property is 
20.9 	responsible for reporting requirements under 
20.10 	this section.

20.11	Subd. 16.Protect; Definition
 					
20.12 	For purposes of appropriations in this article, 
20.13 	"protect" means to preserve ecological 
20.14 	systems and prevent future degradation of 
20.15 	ecological systems by actions including, but 
20.16 	not limited to, purchase in fee or easement.

20.17 	Sec. 3. Minnesota Statutes 2008, section 97A.056, subdivision 2, is amended to read:
20.18 		Subd. 2.Lessard Outdoor Heritage Council. (a) The Lessard Outdoor Heritage 
20.19 	Council of 12 members is created in the legislative branch, consisting of:
20.20 	(1) two public members appointed by the senate Subcommittee on Committees of 
20.21 	the Committee on Rules and Administration;
20.22 	(2) two public members appointed by the speaker of the house;
20.23 	(3) four public members appointed by the governor;
20.24 	(4) two members of the senate appointed by the senate Subcommittee on Committees 
20.25 	of the Committee on Rules and Administration; and
20.26 	(5) two members of the house of representatives appointed by the speaker of the 
20.27 	house.
20.28 	(b) Members appointed under paragraph (a) must not be registered lobbyists. 
20.29 	In making appointments, the governor, senate Subcommittee on Committees of the 
20.30 	Committee on Rules and Administration, and the speaker of the house shall consider 
20.31 	geographic balance, gender, age, ethnicity, and varying interests including hunting and 
20.32 	fishing. The governor's appointments to the council are subject to the advice and consent 
20.33 	of the senate.
21.1 	(c) Public members appointed under paragraph (a) shall have practical experience 
21.2 	or expertise or demonstrated knowledge in the science, policy, or practice of restoring, 
21.3 	protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and 
21.4 	wildlife.
21.5 	(d) Legislative members appointed under paragraph (a) shall include the chairs 
21.6 	of the legislative committees with jurisdiction over environment and natural resources 
21.7 	finance or their designee, one member from the minority party of the senate, and one 
21.8 	member from the minority party of the house of representatives.
21.9 	(e) Members serve four-year terms and shall be initially appointed according to 
21.10 	the following schedule of terms:
21.11 	(1) two public members appointed by the governor for a term ending the first 
21.12 	Monday in January 2011;
21.13 	(2) one public member appointed by the senate Subcommittee on Committees of the 
21.14 	Committee on Rules and Administration for a term ending the first Monday in January 
21.15 	2011;
21.16 	(3) one public member appointed by the speaker of the house for a term ending 
21.17 	the first Monday in January 2011;
21.18 	(4) two public members appointed by the governor for a term ending the first 
21.19 	Monday in January 2013;
21.20 	(5) one public member appointed by the senate Subcommittee on Committees of the 
21.21 	Committee on Rules and Administration for a term ending the first Monday in January 
21.22 	2013; 
21.23 	(6) one public member appointed by the speaker of the house for a term ending the 
21.24 	first Monday in January 2013; and
21.25 	(7) two members of the senate appointed by the senate Subcommittee on Committees 
21.26 	of the Committee on Rules and Administration for a term ending the first Monday in 
21.27 	January 2013, and two members of the house of representatives appointed by the speaker 
21.28 	of the house for a term ending the first Monday in January 2013.
21.29 	(f) Compensation and removal of public members are as provided in section 
21.30 	15.0575. A vacancy on the council may be filled by the appointing authority for the 
21.31 	remainder of the unexpired term.
21.32 	(g) The first meeting of the council shall be convened by the chair of the Legislative 
21.33 	Coordinating Commission no later than December 1, 2008. Members shall elect a chair, 
21.34 	vice-chair, secretary, and other officers as determined by the council. The chair may 
21.35 	convene meetings as necessary to conduct the duties prescribed by this section.
22.1 	(h) Upon coordination with and approval by the Legislative Coordinating 
22.2 	Commission, the Department of Natural Resources shall provide administrative support 
22.3 	for council may appoint nonpartisan staff and contract with consultants as necessary 
22.4 	to carry out the functions of the council. Up to one percent of the money appropriated 
22.5 	from the fund may be used to cover the staffing and related administrative expenses of 
22.6 	the department and to cover the compensation and travel expenses pay for administrative 
22.7 	expenses of the council and for compensation and expense reimbursement of council 
22.8 	members.

22.9 	Sec. 4. Minnesota Statutes 2008, section 97A.056, subdivision 3, is amended to read:
22.10 		Subd. 3.Council recommendations. (a) The council shall make recommendations 
22.11 	to the legislature on appropriations of money from the outdoor heritage fund that are 
22.12 	consistent with the Constitution and state law and that take into consideration will 
22.13 	achieve the outcomes of existing natural resource plans, including, but not limited to, 
22.14 	the Minnesota Statewide Conservation and Preservation Plan, that directly relate to the 
22.15 	restoration, protection, and enhancement of wetlands, prairies, forests, and habitat for fish, 
22.16 	game, and wildlife, and that prevent forest fragmentation, encourage forest consolidation, 
22.17 	and expand restored native prairie. The council shall submit its initial recommendations to 
22.18 	the legislature no later than April 1, 2009. Subsequent recommendations shall be submitted 
22.19 	no later than January 15 each year. The council shall present its recommendations to the 
22.20 	senate and house of representatives committees with jurisdiction over the environment 
22.21 	and natural resources budget by February 15 in odd-numbered years, and within the 
22.22 	first four weeks of the legislative session in even-numbered years. The council's budget 
22.23 	recommendations to the legislature shall be separate from the Department of Natural 
22.24 	Resource's budget recommendations.
22.25 	(b) To encourage and support local conservation efforts, the council shall establish a 
22.26 	conservation partners program. Local, regional, state, or national organizations may apply 
22.27 	for matching grants for restoration, protection, and enhancement of wetlands, prairies, 
22.28 	forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation, 
22.29 	encouragement of forest consolidation, and expansion of restored native prairie.
22.30 	(c) The council may work with the Clean Water Council to identify projects that 
22.31 	are consistent with both the purpose of the outdoor heritage fund and the purpose of 
22.32 	the clean water fund.
22.33 	(d) The council may make recommendations to the Legislative-Citizen Commission 
22.34 	on Minnesota Resources on scientific research that will assist in restoring, protecting, and 
22.35 	enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing 
23.1 	forest fragmentation, encouraging forest consolidation, and expanding restored native 
23.2 	prairie.
23.3 	(e) Recommendations of the council, including approval of recommendations for the 
23.4 	outdoor heritage fund, require an affirmative vote of at least nine members of the council.
23.5 	(f) The council may work with the Clean Water Council, the Legislative-Citizen 
23.6 	Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and 
23.7 	water conservation districts, and experts from Minnesota State Colleges and Universities 
23.8 	and the University of Minnesota in developing the council's recommendations.
23.9 	(g) The council shall develop and implement a process that ensures that citizens 
23.10 	and potential recipients of funds are included throughout the process, including the 
23.11 	development and finalization of the council's recommendations. The process must include 
23.12 	a fair, equitable, and thorough process for reviewing requests for funding and a clear and 
23.13 	easily understood process for ranking projects.
23.14 	(h) The council shall use the regions of the state based upon the ecological 
23.15 	regions and subregions developed by the Department of Natural Resources and establish 
23.16 	objectives for each region and subregion to achieve the purposes of the fund outlined 
23.17 	in the state constitution.
23.18 	(i) The council shall develop and submit to the Legislative Coordinating Commission 
23.19 	plans for the first ten years of funding, and a framework for 25 years of funding, consistent 
23.20 	with statutory and constitutional requirements. The council may use existing plans from 
23.21 	other legislative, state, and federal sources, as applicable.

23.22 	Sec. 5. Minnesota Statutes 2008, section 97A.056, subdivision 6, is amended to read:
23.23 		Subd. 6.Audit. The council shall select an independent auditor to legislative auditor 
23.24 	shall audit the outdoor heritage fund expenditures, including administrative and staffing 
23.25 	expenditures, every two years to ensure that the money is spent to restore, protect, and 
23.26 	enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife.

23.27 	Sec. 6. Minnesota Statutes 2008, section 97A.056, subdivision 7, is amended to read:
23.28 		Subd. 7.Legislative oversight. (a) The senate and house of representatives chairs 
23.29 	of the committees with jurisdiction over the environment and natural resources budget 
23.30 	shall convene a joint hearing to review the activities and evaluate the effectiveness of the 
23.31 	council and evaluate the effectiveness and efficiency of the department's administration 
23.32 	and staffing of the council after five years butto receive reports on the council from the 
23.33 	legislative auditor no later than June 30, 2014.
24.1 	(b) By January 15, 2013, a professional outside review authority shall be chosen by 
24.2 	the chairs of the house of representatives and senate committees with jurisdiction over 
24.3 	environment and natural resources to evaluate the effectiveness and efficiency of the 
24.4 	department's administration and staffing of the council. A report shall be submitted to 
24.5 	the chairs by January 15, 2014.

24.6 	Sec. 7. APPROPRIATION; FOREST PROTECTION RESERVE.
 24.7 	$2,000,000 is appropriated in fiscal year 2010 from the outdoor heritage fund to 
24.8 	the commissioner of agriculture to identify, prevent, and in consultation with the Forest 
24.9 	Resources Council, protect Minnesota forests by rapidly and effectively responding to 
24.10 	the threat or presence of plant pests. The commissioner may access this appropriation 
24.11 	if sufficient resources are not available from state, federal, or other sources or if the 
24.12 	commissioner determines that sufficient state, federal, or other resources will not be 
24.13 	available to the commissioner in time to effectively prevent the introduction or spread 
24.14 	of tree pests and avert environmental or economic harm. Up to $125,000 is available 
24.15 	immediately to the commissioner of agriculture to update the state's invasive and exotic 
24.16 	tree pest plans by addressing the role of all stakeholders in preventing the introduction or 
24.17 	spread of invasive pests, responding to and containing outbreaks, and remediation. The 
24.18 	commissioner shall work in consultation with the commissioner of natural resources, the 
24.19 	Forest Resources Council, and the Forest Protection Task Force and provide quarterly 
24.20 	reports on findings and recommendations to the governor and the appropriate legislative 
24.21 	committees. The reports must include recommendations to ensure that a coordinated 
24.22 	and effective response network is in place to protect our forests. The commissioner of 
24.23 	agriculture may transfer all or part of this appropriation to the commissioner of natural 
24.24 	resources and shall award grants to local units of government or other entities.

24.25 	Sec. 8. REVISOR'S INSTRUCTION.
 24.26 	The revisor shall remove all references to the "Lessard Outdoor Heritage Council" in 
24.27 	Minnesota Statutes, and replace those references with "Lessard-Sams Outdoor Heritage 
24.28 	Council."

24.29 	ARTICLE 2
24.30 	CLEAN WATER FUND

24.31	Section 1. CLEAN WATER FUND APPROPRIATIONS.
 	
24.32 	The sums shown in the columns marked "Appropriations" are appropriated to the 
24.33 	agencies and for the purposes specified in this article. The appropriations are from the 
25.1 	clean water fund, and are available for the fiscal years indicated for allowable activities 
25.2 	under the Minnesota Constitution, article XI, section 15. The figures "2010" and "2011" 
25.3 	used in this act mean that the appropriation listed under them are available for the fiscal 
25.4 	year ending June 30, 2010, or June 30, 2011, respectively. "The first year" is fiscal year 
25.5 	2010. "The second year" is fiscal year 2011. "The biennium" is fiscal years 2010 and 
25.6 	2011. The appropriations in this act are onetime.

25.7				APPROPRIATIONS
	
25.8				Available for the Year
	
25.9				Ending June 30
	
25.10					2010
		2011

25.11	Sec. 2. DEPARTMENT OF AGRICULTURE
 	$
	3,790,000
	$
	5,170,000
	
25.12 	(a) $395,000 the first year is to intensively 
25.13 	monitor and analyze three sub-watersheds 
25.14 	for changes in agricultural runoff related to 
25.15 	land management practices and evaluate best 
25.16 	management practices in sub-watersheds 
25.17 	within the Root River Watershed in 
25.18 	southeastern Minnesota. The commissioner 
25.19 	shall submit a report on the use of this 
25.20 	appropriation to the chairs of the house of 
25.21 	representatives and senate committees with 
25.22 	jurisdiction over agriculture, agriculture 
25.23 	finance, environment and natural resources, 
25.24 	and environment and natural resources 
25.25 	finance by January 15, 2012. This 
25.26 	appropriation is available until spent.
25.27 	(b) $325,000 the first year and $350,000 the 
25.28 	second year are to increase monitoring for 
25.29 	pesticides and pesticide degradates in surface 
25.30 	water and groundwater and to use data 
25.31 	collected to assess pesticide use practices.
25.32 	(c) $375,000 the first year and $750,000 the 
25.33 	second year are to increase groundwater and 
25.34 	drinking water protection from agricultural 
25.35 	chemicals, primarily nutrients.
26.1 	(d) $695,000 the first year and $1,570,000 
26.2 	the second year are for research, pilot 
26.3 	projects, and technical assistance related 
26.4 	to ways agricultural practices contribute to 
26.5 	restoring impaired waters and assist with 
26.6 	the development of TMDL plans. Of this 
26.7 	amount, $150,000 each year is for grants to 
26.8 	the livestock environmental quality assurance 
26.9 	program to develop resource management 
26.10 	plans, provide resource management analysis 
26.11 	and assistance, provide an implementation 
26.12 	plan, and provide for annual reporting on 
26.13 	water quality assessment and reasonable 
26.14 	assurance of the water quality effects for 
26.15 	the purposes of TMDL plans, including an 
26.16 	assurance walk-through for farms enrolled 
26.17 	in the program. By December 15, 2010, the 
26.18 	commissioner of agriculture shall submit a 
26.19 	report to the chairs and ranking minority 
26.20 	members of the legislative committees and 
26.21 	divisions with jurisdiction over agriculture 
26.22 	and environment policy and finance on the 
26.23 	activities of the livestock environmental 
26.24 	quality assurance program. The report shall 
26.25 	include:
26.26 	(1) the number of farms enrolled;
26.27 	(2) an analysis of the estimated water quality 
26.28 	improvements to enrolled farms; and
26.29 	(3) an analysis of the ability to provide 
26.30 	reasonable assurance of the water quality 
26.31 	effects.
26.32 	(e) $2,000,000 the first year and $2,500,000 
26.33 	the second year are for the agricultural 
26.34 	best management practices loan program. 
26.35 	At least $1,800,000 the first year and at 
27.1 	least $2,200,000 the second year are for 
27.2 	transfer to a new clean water agricultural 
27.3 	best management practices loan account 
27.4 	and are available for pass-through to local 
27.5 	governments and lenders for low-interest 
27.6 	loans. Any unencumbered balance that is not 
27.7 	used for pass-through to local governments 
27.8 	does not cancel at the end of the first year 
27.9 	and is available for the second year.

27.10	Sec. 3. PUBLIC FACILITIES AUTHORITY
 	$
	13,441,000
	$
	19,259,000
	
27.11 	(a) $8,816,000 the first year and $12,834,000 
27.12 	the second year are for the total maximum 
27.13 	daily load grant program under Minnesota 
27.14 	Statutes, section 446A.073. This 
27.15 	appropriation is available until spent.
27.16 	(b) $4,125,000 the first year and $4,425,000 
27.17 	the second year are for the clean water legacy 
27.18 	phosphorus reduction grant program under 
27.19 	Minnesota Statutes, section 446A.074. This 
27.20 	appropriation is available until spent.
27.21 	(c) $500,000 the first year and $2,000,000 
27.22 	the second year are for small community 
27.23 	wastewater treatment grants and loans under 
27.24 	Minnesota Statutes, section 446A.075. This 
27.25 	appropriation is available until spent.

27.26	Sec. 4. POLLUTION CONTROL AGENCY
 	$
	24,076,000
	$
	27,285,000
	
27.27 	(a) $9,000,000 the first year and $9,000,000 
27.28 	the second year are to develop total 
27.29 	maximum daily load (TMDL) studies and 
27.30 	TMDL implementation plans for waters 
27.31 	listed on the United States Environmental 
27.32 	Protection Agency approved impaired 
27.33 	waters list in accordance with Minnesota 
27.34 	Statutes, chapter 114D. The agency shall 
28.1 	complete an average of ten percent of the 
28.2 	TMDLs each year over the biennium. Of 
28.3 	this amount, $348,000 the first year is to 
28.4 	retest the comprehensive assessment of the 
28.5 	biological conditions of the lower Minnesota 
28.6 	River and its tributaries within the Lower 
28.7 	Minnesota River Major Watershed, as 
28.8 	previously assessed from 1976 to 1992 under 
28.9 	the Minnesota River Assessment Project 
28.10 	(MRAP). The assessment must include the 
28.11 	same fish species sampling at the same 116 
28.12 	locations and the same macroinvertebrate 
28.13 	sampling at the same 41 locations as the 
28.14 	MRAP assessment. The assessment must:
28.15 	(1) include an analysis of the findings; and
28.16 	(2) identify factors that limit aquatic life in 
28.17 	the Minnesota River.
28.18 	Of this amount, $250,000 the first year is 
28.19 	for a pilot project for the development of 
28.20 	total maximum daily load (TMDL) studies 
28.21 	conducted on a watershed basis within 
28.22 	the Buffalo River watershed in order to 
28.23 	protect, enhance, and restore water quality 
28.24 	in lakes, rivers, and streams. The pilot 
28.25 	project shall include all necessary field 
28.26 	work to develop TMDL studies for all 
28.27 	impaired subwatersheds within the Buffalo 
28.28 	River watershed and provide information 
28.29 	necessary to complete reports for most of the 
28.30 	remaining watersheds, including analysis of 
28.31 	water quality data, identification of sources 
28.32 	of water quality degradation and stressors, 
28.33 	load allocation development, development 
28.34 	of reports that provide protection plans 
28.35 	for subwatersheds that meet water quality 
29.1 	standards, and development of reports that 
29.2 	provide information necessary to complete 
29.3 	TMDL studies for subwatersheds that do not 
29.4 	meet water quality standards, but are not 
29.5 	listed as impaired.
29.6 	(b) $500,000 the first year is for development 
29.7 	of an enhanced TMDL database to manage 
29.8 	and track progress. Of this amount, $63,000 
29.9 	the first year is to promulgate rules. By 
29.10 	November 1, 2010, the commissioner shall 
29.11 	submit a report to the chairs of the house of 
29.12 	representatives and senate committees with 
29.13 	jurisdiction over environment and natural 
29.14 	resources finance on the outcomes achieved 
29.15 	with this appropriation.
29.16 	(c) $1,500,000 the first year and $3,169,000 
29.17 	the second year are for grants under 
29.18 	Minnesota Statutes, section 116.195, to 
29.19 	political subdivisions for up to 50 percent 
29.20 	of the costs to predesign, design, and 
29.21 	implement capital projects that use treated 
29.22 	municipal wastewater instead of groundwater 
29.23 	from drinking water aquifers, in order to 
29.24 	demonstrate the beneficial use of wastewater, 
29.25 	including the conservation and protection of 
29.26 	water resources. Of this amount, $1,000,000 
29.27 	the first year is for grants to ethanol plants 
29.28 	that are within one and one-half miles of a 
29.29 	city for improvements that reuse greater than 
29.30 	300,000 gallons of wastewater per day.
29.31 	(d) $1,125,000 the first year and $1,125,000 
29.32 	the second year are for groundwater 
29.33 	assessment and drinking water protection to 
29.34 	include:
30.1 	(1) the installation and sampling of at least 
30.2 	30 new monitoring wells;
30.3 	(2) the analysis of samples from at least 40 
30.4 	shallow monitoring wells each year for the 
30.5 	presence of endocrine disrupting compounds; 
30.6 	and
30.7 	(3) the completion of at least four to 
30.8 	five groundwater models for TMDL and 
30.9 	watershed plans.
30.10 	(e) $2,500,000 the first year is for the clean 
30.11 	water partnership program. Priority shall be 
30.12 	given to projects preventing impairments and 
30.13 	degradation of lakes, rivers, streams, and 
30.14 	groundwater in accordance with Minnesota 
30.15 	Statutes, section 114D.20, subdivision 2, 
30.16 	clause (4). Any balance remaining in the first 
30.17 	year does not cancel and is available for the 
30.18 	second year.
30.19 	(f) $896,000 the first year is to establish 
30.20 	a network of water monitoring sites, to 
30.21 	include at least 20 additional sites, in public 
30.22 	waters adjacent to wastewater treatment 
30.23 	facilities across the state to assess levels of 
30.24 	endocrine-disrupting compounds, antibiotic 
30.25 	compounds, and pharmaceuticals as required 
30.26 	in this article. The data must be placed on 
30.27 	the agency's Web site.
30.28 	(g) $155,000 the first year is to provide 
30.29 	notification of the potential for coal tar 
30.30 	contamination, establish a storm water 
30.31 	pond inventory schedule, and develop best 
30.32 	management practices for treating and 
30.33 	cleaning up contaminated sediments as 
30.34 	required in this article. $345,000 the second 
30.35 	year is to develop a model ordinance for the 
31.1 	restricted use of undiluted coal tar sealants 
31.2 	and to provide grants to local units of 
31.3 	government for up to 50 percent of the costs 
31.4 	to implement best management practices to 
31.5 	treat or clean up contaminated sediments 
31.6 	in storm water ponds and other waters as 
31.7 	defined under this article. Local governments 
31.8 	must have adopted an ordinance for the 
31.9 	restricted use of undiluted coal tar sealants 
31.10 	in order to be eligible for a grant, unless a 
31.11 	statewide restriction has been implemented. 
31.12 	A grant awarded under this paragraph must 
31.13 	not exceed $100,000.
31.14 	(h) $350,000 the first year and $400,000 
31.15 	the second year are for a restoration project 
31.16 	in the lower St. Louis River and Duluth 
31.17 	harbor. This appropriation must be matched 
31.18 	by nonstate money at a rate of $2 for every 
31.19 	$1 of state money.
31.20 	(i) $150,000 the first year and $196,000 the 
31.21 	second year are for grants to the Red River 
31.22 	Watershed Management Board to enhance 
31.23 	and expand existing river watch activities in 
31.24 	the Red River of the North. The Red River 
31.25 	Watershed Management Board shall provide 
31.26 	a report that includes formal evaluation 
31.27 	results from the river watch program to the 
31.28 	commissioners of education and the Pollution 
31.29 	Control Agency and to the legislative natural 
31.30 	resources finance and policy committees 
31.31 	and K-12 finance and policy committees by 
31.32 	February 15, 2011.
31.33 	(j) $200,000 the first year and $300,000 the 
31.34 	second year are for coordination with the 
31.35 	state of Wisconsin and the National Park 
32.1 	Service on comprehensive water monitoring 
32.2 	and phosphorus reduction activities in the 
32.3 	Lake St. Croix portion of the St. Croix 
32.4 	River. The Pollution Control Agency 
32.5 	shall work with the St. Croix Basin Water 
32.6 	Resources Planning Team and the St. Croix 
32.7 	River Association in implementing the 
32.8 	water monitoring and phosphorus reduction 
32.9 	activities. This appropriation is available 
32.10 	to the extent matched by nonstate sources. 
32.11 	Money not matched by November 15, 2010, 
32.12 	cancels for this purpose and is available for 
32.13 	the purposes of paragraph (a).
32.14 	(k) $7,500,000 the first year and $7,500,000 
32.15 	the second year are for completion of 20 
32.16 	percent of the needed statewide assessments 
32.17 	of surface water quality and trends. Of this 
32.18 	amount, $175,000 the first year and $200,000 
32.19 	the second year are for monitoring and 
32.20 	analyzing endocrine disruptors in surface 
32.21 	waters.
32.22 	(l) $100,000 the first year and $150,000 
32.23 	the second year are for civic engagement 
32.24 	in TMDL development. The agency shall 
32.25 	develop a plan for expenditures under 
32.26 	this paragraph. The agency shall give 
32.27 	consideration to civic engagement proposals 
32.28 	from basin or sub-basin organizations, 
32.29 	including the Mississippi Headwaters Board, 
32.30 	the Minnesota River Joint Powers Board, 
32.31 	Area II Minnesota River Basin Projects, 
32.32 	and the Red River Basin Commission. 
32.33 	By November 15, 2009, the plan shall be 
32.34 	submitted to the house and senate chairs 
32.35 	and ranking minority members of the 
32.36 	environmental finance divisions.
33.1 	(m) $5,000,000 the second year is for 
33.2 	groundwater protection or prevention of 
33.3 	groundwater degradation activities. By 
33.4 	January 15, 2010, the commissioner, in 
33.5 	consultation with the commissioner of 
33.6 	natural resources, the Board of Water and 
33.7 	Soil Resources, and other agencies, shall 
33.8 	submit a report to the chairs of the house of 
33.9 	representatives and senate committees with 
33.10 	jurisdiction over the clean water fund on the 
33.11 	intended use of these funds. The legislature 
33.12 	must approve expenditure of these funds by 
33.13 	law.
33.14 	(n) $100,000 the first year and $100,000 the 
33.15 	second year are for grants to the Star Lake 
33.16 	Board established under Minnesota Statutes, 
33.17 	section 103B.702. The appropriation is a 
33.18 	pilot program to focus on engaging citizen 
33.19 	participation and fostering local partnerships 
33.20 	by increasing citizen involvement in water 
33.21 	quality enhancement by designating star 
33.22 	lakes and rivers. The board shall include 
33.23 	information on the results of this pilot 
33.24 	program in its next biennial report under 
33.25 	Minnesota Statutes, section 103B.702. The 
33.26 	second year grants are available only if 
33.27 	the Board of Water and Soil Resources 
33.28 	determines that the money granted in the first 
33.29 	year furthered the water quality goals in the 
33.30 	star lakes program in Minnesota Statutes, 
33.31 	section 103B.701.
33.32 	Notwithstanding Minnesota Statutes, section 
33.33 	16A.28, the appropriations encumbered on or 
33.34 	before June 30, 2011, as grants or contracts in 
33.35 	this section are available until June 30, 2013.

34.1
34.2	Sec. 5. DEPARTMENT OF NATURAL 
RESOURCES
 	$
	6,690,000
	$
	7,835,000
	
34.3 	(a) $1,240,000 the first year and $2,460,000 
34.4 	the second year are for assisting in water 
34.5 	quality assessments in supporting the 
34.6 	identification of impaired waters.
34.7 	(b) $600,000 the first year and $525,000 the 
34.8 	second year are for drinking water planning 
34.9 	and protection activities.
34.10 	(c) $1,050,000 the first year and $1,050,000 
34.11 	the second year are for TMDL development 
34.12 	and TMDL implementation plans for waters 
34.13 	listed on the United States Environmental 
34.14 	Protection Agency approved Impaired 
34.15 	Waters List in accordance with Minnesota 
34.16 	Statutes, chapter 114D.
34.17 	(d) $2,800,000 the first year and $2,800,000 
34.18 	the second year are to acquire and distribute 
34.19 	high-resolution digital elevation data 
34.20 	using light detection and ranging to aid 
34.21 	with impaired waters modeling and total 
34.22 	maximum daily load implementation under 
34.23 	Minnesota Statutes, chapter 114D. The data 
34.24 	will be collected for areas of the state that 
34.25 	have not acquired such data prior to January 
34.26 	1, 2007, or to complete acquisition and 
34.27 	distribution of the data for those areas of 
34.28 	the state that have not previously received 
34.29 	state funds for acquiring and distributing 
34.30 	the data. The distribution of data acquired 
34.31 	under this paragraph must be conducted 
34.32 	under the auspices of the Land Management 
34.33 	Information Center or its successor, which 
34.34 	shall receive 2.5 percent of the appropriation 
34.35 	in this paragraph to support coordination of 
35.1 	data acquisition and distribution. Mapping 
35.2 	and data set distribution under this paragraph 
35.3 	must be completed within three years of 
35.4 	funds availability. The commissioner shall 
35.5 	utilize department staff whenever possible. 
35.6 	The commissioner may contract for services 
35.7 	only if they cannot otherwise be provided 
35.8 	by the department. If the commissioner 
35.9 	contracts for services with this appropriation 
35.10 	and any of the work done under the contract 
35.11 	will be done outside of the United States, the 
35.12 	commissioner must report to the chairs of the 
35.13 	house of representatives and senate finance 
35.14 	committees on the proposed contract at least 
35.15 	30 days before entering into the contract. The 
35.16 	report must include an analysis of why the 
35.17 	contract with the selected contractor provides 
35.18 	the state with "best value," as defined in 
35.19 	Minnesota Statutes, section 16C.02; any 
35.20 	alternatives to the selected contractor that 
35.21 	were considered; what data will be provided 
35.22 	to the contractor, including the data that 
35.23 	will be transmitted outside of the United 
35.24 	States; what security measures will be 
35.25 	taken to ensure that the data is treated in 
35.26 	accordance with the Minnesota Government 
35.27 	Data Practices Act; and what remedies will 
35.28 	be available to the state if the data is not 
35.29 	treated in accordance with the Minnesota 
35.30 	Government Data Practices Act.
35.31 	(e) $250,000 the first year and $250,000 
35.32 	the second year are to adopt rules for the 
35.33 	Mississippi River corridor critical area 
35.34 	under Minnesota Statutes, section 116G.15. 
35.35 	The commissioner shall begin rulemaking 
35.36 	under chapter 14 no later than January 15, 
36.1 	2010. At least 30 days prior to beginning 
36.2 	the rulemaking, the commissioner shall 
36.3 	notify local units of government within the 
36.4 	Mississippi River corridor critical area of 
36.5 	the intent to adopt rules. The local units of 
36.6 	government shall make reasonable efforts to 
36.7 	notify the public of the contact information 
36.8 	for the appropriate department staff. The 
36.9 	commissioner shall maintain an e-mail 
36.10 	list of interested parties to provide timely 
36.11 	information about the proposed schedule 
36.12 	for rulemaking, opportunities for public 
36.13 	comment, and contact information for the 
36.14 	appropriate department staff.
36.15 	(f) $500,000 the first year and $500,000 
36.16 	the second year are to investigate physical 
36.17 	and recharge characteristics as part of the 
36.18 	collection and interpretation of subsurface 
36.19 	geological information and acceleration of 
36.20 	the county geologic atlas program. This 
36.21 	appropriation represents a continuing effort 
36.22 	to complete the county geologic atlases 
36.23 	throughout the state in order to provide 
36.24 	information and assist in planning for the 
36.25 	sustainable use of groundwater and surface 
36.26 	water that does not harm ecosystems, 
36.27 	degrade water quality, or compromise the 
36.28 	ability of future generations to meet their 
36.29 	own needs. This appropriation is available 
36.30 	until December 31, 2014.
36.31 	(g) $250,000 the first year and $250,000 
36.32 	the second year are for nonpoint source 
36.33 	restoration and protection activities.

36.34
36.35	Sec. 6. BOARD OF WATER AND SOIL 
RESOURCES
 	$
	18,705,000
	$
	19,519,000
	
37.1 	(a) $3,250,000 the first year and $3,250,000 
37.2 	the second year are to purchase and restore 
37.3 	permanent conservation easements on 
37.4 	riparian buffers of up to 100 feet adjacent 
37.5 	to public waters, excluding wetlands, to 
37.6 	keep water on the land in order to decrease 
37.7 	sediment, pollutant and nutrient transport, 
37.8 	reduce hydrologic impacts to surface waters, 
37.9 	and increase infiltration for groundwater 
37.10 	recharge. The riparian buffers must be 
37.11 	at least 50 feet unless there is a natural 
37.12 	impediment, a road, or other impediment 
37.13 	beyond the control of the landowner. This 
37.14 	appropriation may be used for restoration 
37.15 	of riparian buffers protected by easements 
37.16 	purchased with this appropriation and for 
37.17 	stream bank restorations when the riparian 
37.18 	buffers have been restored. Up to five 
37.19 	percent may be used for administration of 
37.20 	this program.
37.21 	(b) $2,800,000 the first year and $3,124,000 
37.22 	the second year are for grants to watershed 
37.23 	districts and watershed management 
37.24 	organizations for: (i) structural or vegetative 
37.25 	management practices that reduce storm 
37.26 	water runoff from developed or disturbed 
37.27 	lands to reduce the movement of sediment, 
37.28 	nutrients, and pollutants or to leverage 
37.29 	federal funds for restoration, protection, or 
37.30 	enhancement of water quality in lakes, rivers, 
37.31 	and streams and to protect groundwater 
37.32 	and drinking water; and (ii) the installation 
37.33 	of proven and effective water retention 
37.34 	practices including, but not limited to, rain 
37.35 	gardens and other vegetated infiltration 
37.36 	basins and sediment control basins in order 
38.1 	to keep water on the land. The projects 
38.2 	must be of long-lasting public benefit, 
38.3 	include a local match, and be consistent with 
38.4 	TMDL implementation plans or local water 
38.5 	management plans. Watershed district and 
38.6 	watershed management organization staff 
38.7 	and administration may be used for local 
38.8 	match. Priority may be given to school 
38.9 	projects that can be used to demonstrate 
38.10 	water retention practices. Up to five percent 
38.11 	may be used for administering the grants.
38.12 	(c) $3,000,000 the first year and $3,000,000 
38.13 	the second year are for nonpoint source 
38.14 	pollution reduction and restoration grants to 
38.15 	watershed districts, watershed management 
38.16 	organizations, counties, and soil and water 
38.17 	conservation districts for grants in addition 
38.18 	to grants available under paragraphs (a) 
38.19 	and (b) to keep water on the land and to 
38.20 	protect, enhance, and restore water quality 
38.21 	in lakes, rivers, and streams, and to protect 
38.22 	groundwater and drinking water. The 
38.23 	projects must be of long-lasting public 
38.24 	benefit, include a local match, and be 
38.25 	consistent with TMDL implementation plans 
38.26 	or local water management plans. Up to five 
38.27 	percent may be used for administering the 
38.28 	grants.
38.29 	(d) $400,000 the first year and $600,000 the 
38.30 	second year are to the Anoka Conservation 
38.31 	District for the metropolitan landscape 
38.32 	restoration program for water quality and 
38.33 	improvement projects.
38.34 	(e) $1,000,000 the first year and $1,000,000 
38.35 	the second year are for permanent 
39.1 	conservation easements on wellhead 
39.2 	protection areas under Minnesota Statutes, 
39.3 	section 103F.515, subdivision 2, paragraph 
39.4 	(d). Priority must be placed on land that 
39.5 	is located where the vulnerability of the 
39.6 	drinking water supply management area, 
39.7 	as defined under Minnesota Rules, part 
39.8 	4720.5100, subpart 13, is designated as high 
39.9 	or very high by the commissioner of health.
39.10 	(f) $2,000,000 the first year and $2,000,000 
39.11 	the second year are for feedlot water quality 
39.12 	improvement grants for feedlots under 300 
39.13 	animal units on riparian land, to include 
39.14 	water quality assessment to determine the 
39.15 	effectiveness of the grants in protecting, 
39.16 	enhancing, and restoring water quality in 
39.17 	lakes, rivers, and streams, and in protecting 
39.18 	groundwater from degradation.
39.19 	(g) $2,330,000 the first year and $1,830,000 
39.20 	the second year are for grants to implement 
39.21 	stream bank, stream channel, and shoreline 
39.22 	protection, and restoration projects to protect 
39.23 	water quality. Of this amount, $330,000 the 
39.24 	first year and $330,000 the second year may 
39.25 	be used for technical assistance and grants to 
39.26 	establish a conservation drainage program 
39.27 	in consultation with the Board of Water 
39.28 	and Soil Resources and the Drainage Work 
39.29 	Group that consists of pilot projects to retrofit 
39.30 	existing drainage systems with water quality 
39.31 	improvement practices, evaluate outcomes, 
39.32 	and provide outreach to landowners, public 
39.33 	drainage authorities, drainage engineers and 
39.34 	contractors, and others. Of this amount, 
39.35 	$500,000 the first year is for a grant to 
39.36 	Hennepin County for riparian restoration 
40.1 	and stream bank stabilization in the ten 
40.2 	primary stream systems in Hennepin County 
40.3 	in order to protect, enhance, and help 
40.4 	restore the water quality of the streams and 
40.5 	downstream receiving waters. The county 
40.6 	shall work with watershed districts and water 
40.7 	management organizations to identify and 
40.8 	prioritize projects. To the extent possible, 
40.9 	the county shall employ youth through the 
40.10 	Minnesota Conservation Corps and Tree 
40.11 	Trust to plant trees and shrubs to reduce 
40.12 	erosion and stabilize stream banks. This 
40.13 	appropriation must be matched by nonstate 
40.14 	sources, including in-kind contributions.
40.15 	(h) $275,000 the first year and $315,000 
40.16 	the second year are for state oversight, 
40.17 	support, and accountability reporting of 
40.18 	local government implementation, including 
40.19 	an annual report prepared jointly by 
40.20 	the board, the commissioner of natural 
40.21 	resources and the commissioner of the 
40.22 	Pollution Control Agency to the legislature 
40.23 	detailing the recipients and projects funded 
40.24 	under this section; the anticipated water 
40.25 	quality benefits of projects funded; the 
40.26 	relationship of restoration projects to 
40.27 	TMDL load allocations; the relationship 
40.28 	of protection projects to monitored water 
40.29 	quality trends; and individual county and 
40.30 	aggregated statewide progress in: (1) 
40.31 	identifying noncompliant SSTS, establishing 
40.32 	maintenance oversight systems, and SSTS 
40.33 	upgrades funded under this section; and 
40.34 	(2) identifying and upgrading open lot 
40.35 	feedlots under 300 animal units in shoreland. 
40.36 	Organizations receiving grants under this 
41.1 	section shall provide information to the 
41.2 	agencies listed in this paragraph or the 
41.3 	information required in the report. The board 
41.4 	shall require grantees to specify the outcomes 
41.5 	that will be achieved by the grants prior to 
41.6 	any grant awards.
41.7 	(i) $1,250,000 the first year and $1,500,000 
41.8 	the second year are for targeted nonpoint 
41.9 	restoration technical assistance and 
41.10 	engineering. At least 93 percent of this 
41.11 	amount must be made available for grants.
41.12 	(j) $1,600,000 the first year and $1,900,000 
41.13 	the second year are for grants to implement 
41.14 	county subsurface sewage treatment system 
41.15 	(SSTS) programs, including inventories, 
41.16 	enforcement, development of databases, 
41.17 	and systems to insure SSTS maintenance 
41.18 	reporting program results to the Board 
41.19 	of Water and Soil Resources and the 
41.20 	Pollution Control Agency, and base grants. 
41.21 	Priority must be given to the protection 
41.22 	of lakes, rivers, and streams. Grants are 
41.23 	limited to counties with ordinances adopted 
41.24 	pursuant to Minnesota Statutes, section 
41.25 	115.55, subdivision 2, that can demonstrate 
41.26 	enforcement of the ordinances.
41.27 	(k) $800,000 the first year and $1,000,000 
41.28 	the second year are for grants to address 
41.29 	imminent threat and failing subsurface 
41.30 	sewage treatment systems.
41.31 	The board shall contract for services with 
41.32 	the Minnesota Conservation Corps for 
41.33 	restoration, maintenance, and other activities 
41.34 	under this section for at least $500,000 the 
41.35 	first year and $500,000 the second year.
42.1 	The board may shift grant or cost-share funds 
42.2 	in this section and may adjust the technical 
42.3 	and administrative assistance portion of the 
42.4 	funds to leverage federal or other nonstate 
42.5 	funds or to address oversight responsibilities 
42.6 	or high-priority needs identified in local 
42.7 	water management plans.
42.8 	The board shall give priority consideration 
42.9 	to projects and practices that complement, 
42.10 	supplement, or exceed current state standards 
42.11 	for protection, enhancement, and restoration 
42.12 	of water quality in lakes, rivers, and streams 
42.13 	or that protect groundwater from degradation.
42.14 	To the extent possible, a person conducting 
42.15 	a restoration with money appropriated in 
42.16 	this section must plant vegetation or sow 
42.17 	seed only of ecotypes native to Minnesota, 
42.18 	and preferably of the local ecotype, using a 
42.19 	high diversity of species originating from as 
42.20 	close to the restoration site as possible, and 
42.21 	protect existing native prairies from genetic 
42.22 	contamination.
42.23 	The board shall submit a report on the 
42.24 	expenditure and use of money appropriated 
42.25 	under this section to the chairs of the house 
42.26 	of representatives and senate committees 
42.27 	with jurisdiction over environment and 
42.28 	natural resources and environment and 
42.29 	natural resources finance by March 1 of 
42.30 	each year. The report must provide detail 
42.31 	on: the expenditure of funds, including 
42.32 	maps; the effectiveness of the expenditures 
42.33 	in protecting, enhancing, and restoring water 
42.34 	quality in lakes, rivers, and streams and 
42.35 	protecting groundwater from degradation; 
43.1 	and the effectiveness of the expenditures in 
43.2 	keeping water on the land.

43.3	Sec. 7. DEPARTMENT OF HEALTH
 	$
	1,645,000
	$
	2,105,000
	
43.4 	(a) $1,200,000 the first year and $1,215,000 
43.5 	the second year are for protection of drinking 
43.6 	water sources, including assisting 30 or 
43.7 	more communities in fiscal year 2010 and 
43.8 	60 or more communities in fiscal year 2011 
43.9 	with the development and implementation 
43.10 	of community source water protection plans 
43.11 	before new community wells are installed, 
43.12 	and awarding ten or more communities in 
43.13 	fiscal year 2010 and 20 or more communities 
43.14 	in fiscal year 2011 with source water 
43.15 	protection implementation grants.
43.16 	(b) $445,000 the first year and $890,000 
43.17 	the second year are for addressing public 
43.18 	health concerns related to contaminants 
43.19 	found in Minnesota drinking water for which 
43.20 	no health-based drinking water standard 
43.21 	exists. The commissioner shall characterize 
43.22 	and issue health-based guidance for three or 
43.23 	more additional unregulated drinking water 
43.24 	contaminants in fiscal year 2010, and seven 
43.25 	or more additional unregulated drinking 
43.26 	water contaminants in fiscal year 2011.

43.27	Sec. 8. UNIVERSITY OF MINNESOTA
 	$
	750,000
	$
	305,000
	
43.28 	(a) $305,000 the second year is for the 
43.29 	geological survey to continue and to initiate 
43.30 	the production of county geologic atlases. 
43.31 	This appropriation represents a continuing 
43.32 	effort to complete the county geologic 
43.33 	atlases throughout the state in order to 
43.34 	provide information and assist in planning 
44.1 	for the sustainable use of groundwater and 
44.2 	surface water that does not harm ecosystems, 
44.3 	degrade water quality, or compromise the 
44.4 	ability of future generations to meet their 
44.5 	own needs. This appropriation is available 
44.6 	until December 31, 2014.
44.7 	(b) $750,000 the first year is to develop the 
44.8 	comprehensive statewide sustainable water 
44.9 	resources ten-year plan and 25-year detailed 
44.10 	framework in this article.
44.11 	(c) Notwithstanding Minnesota Statutes, 
44.12 	section 16A.28, the appropriations 
44.13 	encumbered on or before June 30, 2011, 
44.14 	as grants or contracts in this section are 
44.15 	available until June 30, 2013.

44.16	Sec. 9. LEGISLATURE
 	$
	25,000
	$
	0
	
44.17 	$25,000 the first year is for the Legislative 
44.18 	Coordinating Commission for the costs of 
44.19 	developing and implementing a Web site to 
44.20 	contain information on projects receiving 
44.21 	appropriations from the outdoor heritage 
44.22 	fund, the clean water fund, and the parks and 
44.23 	trails fund.

44.24	Sec. 10. METROPOLITAN COUNCIL
 	$
	400,000
	$
	0
	
44.25 	$400,000 the first year is for implementation 
44.26 	of the master water supply plan developed 
44.27 	under Minnesota Statutes, section 473.1565.

44.28 	Sec. 11. Minnesota Statutes 2008, section 84.66, subdivision 2, is amended to read:
44.29 		Subd. 2.Definitions. For the purpose of this section, the following terms have 
44.30 	the meanings given:
44.31 	(1) "forest land" has the meaning given under section 89.001, subdivision 4;
44.32 	(2) "forest resources" has the meaning given under section 89.001, subdivision 8;
44.33 	(3) "guidelines" has the meaning given under section 89A.01, subdivision 8;
45.1 	(4) "riparian land" has the meaning given under section 103F.511, subdivision 8a
45.2 	8b; and 
45.3 	(5) "working forest land" means land that provides a broad range of goods and 
45.4 	services, including forest products, recreation, fish and wildlife habitat, clean air and 
45.5 	water, and carbon sequestration.

45.6 	Sec. 12. Minnesota Statutes 2008, section 103F.505, is amended to read:
45.7 	103F.505 PURPOSE AND POLICY.
45.8 	It is the purpose of sections 103F.505 to 103F.531 to keep restore certain marginal 
45.9 	agricultural land out of crop production and protect environmentally sensitive areas to 
45.10 	protect enhance soil and water quality, minimize damage to flood-prone areas, sequester 
45.11 	carbon, and support native plant, fish, and wildlife habitat habitats. It is state policy to 
45.12 	encourage the restoration of wetlands and riparian lands and promote the retirement of 
45.13 	marginal, highly erodible land, particularly land adjacent to public waters, drainage 
45.14 	systems, wetlands, and locally designated priority waters, from crop production and to 
45.15 	reestablish a cover of perennial vegetation.

45.16 	Sec. 13. Minnesota Statutes 2008, section 103F.511, subdivision 5, is amended to read:
45.17 		Subd. 5.Drained wetland. "Drained wetland" means a former natural wetland that 
45.18 	has been altered by draining, dredging, filling, leveling, or other manipulation sufficient 
45.19 	to render the land suitable for agricultural crop production. The alteration must have 
45.20 	occurred before December 23, 1985, and must be a legal alteration as determined by the 
45.21 	commissioner of natural resources.

45.22 	Sec. 14. Minnesota Statutes 2008, section 103F.511, is amended by adding a 
45.23 	subdivision to read:
45.24 		Subd. 8a.Reinvest in Minnesota reserve program. "Reinvest in Minnesota 
45.25 	reserve program" means the program established under section 103F.515.

45.26 	Sec. 15. Minnesota Statutes 2008, section 103F.511, subdivision 8a, is amended to read:
45.27 		Subd. 8a 8b.Riparian land. "Riparian land" means lands adjacent to public 
45.28 	waters, drainage systems, wetlands, or locally designated priority waters identified in a 
45.29 	comprehensive local water plan, as defined in section 103B.3363, subdivision 3.

45.30 	Sec. 16. Minnesota Statutes 2008, section 103F.515, subdivision 1, is amended to read:
46.1 		Subdivision 1.Establishment of program. The board, in consultation with the 
46.2 	commissioner of agriculture and the commissioner of natural resources, shall establish 
46.3 	and administer a conservation the reinvest in Minnesota reserve program. The board 
46.4 	shall implement sections 103F.505 to 103F.531. Selection of land for the conservation
46.5 	reinvest in Minnesota reserve program must be based on its enhancement potential for 
46.6 	fish and, wildlife production, and native plant habitats, reducing erosion, and protecting 
46.7 	water quality.

46.8 	Sec. 17. Minnesota Statutes 2008, section 103F.515, subdivision 2, is amended to read:
46.9 		Subd. 2.Eligible land. (a) Land may be placed in the conservation reinvest in 
46.10 	Minnesota reserve program if the land meets the requirements of paragraphs (b) and 
46.11 	(c) or paragraph (d).
46.12 	(b) Land is eligible if the land:
46.13 	(1) is marginal agricultural land;
46.14 	(2) is adjacent to marginal agricultural land and is either beneficial to resource 
46.15 	protection or necessary for efficient recording of the land description;
46.16 	(3) consists of a drained wetland;
46.17 	(4) is land that with a windbreak or water quality improvement practice would be 
46.18 	beneficial to resource protection;
46.19 	(5) is land in a sensitive groundwater area;
46.20 	(6) is riparian land;
46.21 	(7) is cropland or noncropland adjacent to restored wetlands to the extent of up to 
46.22 	four eight acres of cropland or one acre of noncropland for each acre of wetland restored;
46.23 	(8) is a woodlot on agricultural land;
46.24 	(9) is abandoned building site on agricultural land, provided that funds are not used 
46.25 	for compensation of the value of the buildings; or
46.26 	(10) is land on a hillside used for pasture.
46.27 	(c) Eligible land under paragraph (a) must:
46.28 	(1) be owned by the landowner, or a parent or other blood relative of the landowner, 
46.29 	for at least one year before the date of application;
46.30 	(2) be at least five acres in size, except for a drained wetland area, riparian area, 
46.31 	windbreak, woodlot, wellhead protection area, or abandoned building site, or be a whole 
46.32 	field as defined by the United States Agricultural Stabilization and Conservation Services;
46.33 	(3) not be set aside, enrolled or diverted under another federal or state government 
46.34 	program unless enrollment in the conservation reinvest in Minnesota reserve program 
47.1 	would provide additional conservation benefits or a longer term of enrollment than under 
47.2 	the current federal or state program; and
47.3 	(4) have been in agricultural crop production for at least two of the last five 
47.4 	years before the date of application except drained wetlands, riparian lands, woodlots, 
47.5 	abandoned building sites, environmentally sensitive areas, wellhead protection areas, or 
47.6 	land on a hillside used for pasture.
47.7 	(d) In selecting drained wetlands for enrollment in the program, the highest priority 
47.8 	must be given to wetlands with a cropping history during the period 1976 to 1985. Land 
47.9 	is eligible if the land is a wellhead protection area as defined under section 103I.005, 
47.10 	subdivision 24, and has a wellhead protection plan approved by the commissioner of 
47.11 	health.
47.12 	(e) In selecting land for enrollment in the program, highest priority must be given to 
47.13 	permanent easements that are consistent with the purposes stated in section 103F.505.

47.14 	Sec. 18. Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read:
47.15 		Subd. 4.Nature of property rights acquired. (a) A conservation easement must 
47.16 	prohibit:
47.17 	(1) alteration of wildlife habitat and other natural features, unless specifically 
47.18 	approved by the board;
47.19 	(2) agricultural crop production and livestock grazing, unless specifically approved 
47.20 	by the board for wildlife conservation management purposes or extreme drought; and
47.21 	(3) grazing of livestock except, for agreements entered before the effective date of 
47.22 	Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the 
47.23 	board after consultation with the commissioner of natural resources, in the case of severe 
47.24 	drought, or a local emergency declared under section 12.29; and
47.25 	(4) (3) spraying with chemicals or mowing, except:
47.26 	(i) as necessary to comply with noxious weed control laws or;
47.27 	(ii) for emergency control of pests necessary to protect public health; or
47.28 	(iii) as approved by the board for conservation management purposes.
47.29 	(b) A conservation easement is subject to the terms of the agreement provided in 
47.30 	subdivision 5.
47.31 	(c) A conservation easement must allow repairs, improvements, and inspections 
47.32 	necessary to maintain public drainage systems provided the easement area is restored to 
47.33 	the condition required by the terms of the conservation easement.
48.1 	(d) Notwithstanding paragraph (a), the board must permit the harvest of native 
48.2 	grasses for use in seed production or bioenergy on wellhead protection lands eligible 
48.3 	under subdivision 2, paragraph (d).

48.4 	Sec. 19. Minnesota Statutes 2008, section 103F.515, subdivision 5, is amended to read:
48.5 		Subd. 5.Agreements by landowner. The board may enroll eligible land in the 
48.6 	conservation reinvest in Minnesota reserve program by signing an agreement in recordable 
48.7 	form with a landowner in which the landowner agrees:
48.8 	(1) to convey to the state a conservation easement that is not subject to any prior 
48.9 	title, lien, or encumbrance;
48.10 	(2) to seed the land subject to the conservation easement, as specified in the 
48.11 	agreement, to establish and maintain perennial cover of either a grass-legume mixture or 
48.12 	native grasses for the term of the easement, at seeding rates determined by the board; or 
48.13 	to plant trees or carry out other long-term capital improvements approved by the board 
48.14 	for soil and water conservation or wildlife management;
48.15 	(3) to convey to the state a permanent easement for the wetland restoration;
48.16 	(4) that other land supporting natural vegetation owned or leased as part of the 
48.17 	same farm operation at the time of application, if it supports natural vegetation or and
48.18 	has not been used in agricultural crop production, will not be converted to agricultural 
48.19 	crop production or pasture; and
48.20 	(5) that the easement duration may be lengthened through mutual agreement with 
48.21 	the board in consultation with the commissioners of agriculture and natural resources 
48.22 	if they determine that the changes effectuate the purpose of the program or facilitate 
48.23 	its administration.

48.24 	Sec. 20. Minnesota Statutes 2008, section 103F.515, subdivision 6, is amended to read:
48.25 		Subd. 6.Payments for conservation easements and establishment of cover
48.26 	conservation practices. (a) The board must make the following shall establish rates 
48.27 	for payments to the landowner for the conservation easement and agreement: related 
48.28 	practices. The board shall consider market factors, including the township average 
48.29 	equalized estimated market value of property as established by the commissioner of 
48.30 	revenue at the time of easement application.
48.31 	(1) to establish the perennial cover or other improvements required by the agreement:
48.32 	(i) except as provided in items (ii) and (iii), up to 75 percent of the total eligible cost 
48.33 	not to exceed $125 per acre for limited duration easements and 100 percent of the total 
48.34 	eligible cost not to exceed $150 per acre for perpetual easements;
49.1 	(ii) for native species restoration, 75 percent of the total eligible cost not to exceed 
49.2 	$200 per acre for limited duration easements and 100 percent of the total eligible cost not 
49.3 	to exceed $300 per acre for perpetual easements; and
49.4 	(iii) 100 percent of the total eligible cost of wetland restoration not to exceed $600 
49.5 	per acre;
49.6 	(2) for the cost of planting trees required by the agreement, up to 75 percent of the 
49.7 	total eligible cost not to exceed $250 per acre for limited duration easements, and 100 
49.8 	percent of the total eligible cost not to exceed $400 per acre for perpetual easements;
49.9 	(3) for a permanent easement, 70 percent of the township average equalized 
49.10 	estimated market value of agricultural property as established by the commissioner of 
49.11 	revenue at the time of easement application;
49.12 	(4) for an easement of limited duration, 90 percent of the present value of the 
49.13 	average of the accepted bids for the federal conservation reserve program, as contained in 
49.14 	Public Law 99-198, in the relevant geographic area and on bids accepted at the time of 
49.15 	easement application; or
49.16 	(5) an alternative payment system for easements based on cash rent or a similar 
49.17 	system as may be determined by the board.
49.18 	(b) For hillside pasture conservation easements, the payments to the landowner in 
49.19 	paragraph (a) for the conservation easement and agreement must be reduced to reflect the 
49.20 	value of similar property.
49.21 	(c)(b) The board may establish a payment system for flowage easements acquired 
49.22 	under this section.
49.23 	(d)(c) For wetland restoration projects involving more than one conservation 
49.24 	easement, state payments for restoration costs may exceed the limits set forth in this section
49.25 	by the board for an individual easement provided the total payment for the restoration 
49.26 	project does not exceed the amount payable for the total number of acres involved.
49.27 	(e)(d) The board may use available nonstate funds to exceed the payment limits 
49.28 	in this section.

49.29 	Sec. 21. Minnesota Statutes 2008, section 103F.521, subdivision 1, is amended to read:
49.30 		Subdivision 1.Cooperation. In implementing sections 103F.505 to 103F.531, the 
49.31 	board must share information and cooperate with the Department of Agriculture, the 
49.32 	Department of Natural Resources, the Pollution Control Agency, the United States Fish 
49.33 	and Wildlife Service, the Agricultural Stabilization and Conservation Service and Soil 
49.34 	Conservation Service of the United States Department of Agriculture, the Minnesota 
50.1 	Extension Service, the University of Minnesota, county boards, soil and water conservation 
50.2 	districts, watershed districts, and interested private organizations and individuals.

50.3 	Sec. 22. Minnesota Statutes 2008, section 103F.525, is amended to read:
50.4 	103F.525 SUPPLEMENTAL PAYMENTS ON FEDERAL AND STATE 
50.5 	CONSERVATION PROGRAMS.
50.6 	The board may supplement payments made under federal land retirement programs 
50.7 	to the extent of available appropriations other than bond proceeds. The supplemental 
50.8 	payments must be used to establish perennial cover on land enrolled or increase payments 
50.9 	for land enrollment in programs approved by the board, including the federal conservation 
50.10 	reserve program and federal and state water bank program.

50.11 	Sec. 23. Minnesota Statutes 2008, section 103F.526, is amended to read:
50.12 	103F.526 FOOD PLOTS IN WINDBREAKS.
50.13 	The board, in cooperation with the commissioner of natural resources, may authorize 
50.14 	wildlife food plots on land with windbreaks enrolled in a conservation easement under 
50.15 	section 103F.515.

50.16 	Sec. 24. Minnesota Statutes 2008, section 103F.531, is amended to read:
50.17 	103F.531 RULEMAKING.
50.18 	The board may adopt rules or policy to implement sections 103F.505 to 103F.531. 
50.19 	The rules must include standards for tree planting so that planting does not conflict with 
50.20 	existing electrical lines, telephone lines, rights-of-way, or drainage ditches.

50.21 	Sec. 25. Minnesota Statutes 2008, section 103F.535, subdivision 5, is amended to read:
50.22 		Subd. 5.Release and alteration of conservation easements. Conservation 
50.23 	easements existing under this section, as of April 30, 1992, may be altered, released, 
50.24 	or terminated by the board of Water and Soil Resources after consultation with the 
50.25 	commissioners of agriculture and natural resources. The board may alter, release, or 
50.26 	terminate a conservation easement only if the board determines that the public interest and 
50.27 	general welfare are better served by the alteration, release, or termination.

50.28 	Sec. 26. [116.201] COAL TAR.
50.29 	A state agency may not purchase undiluted coal tar sealant. For the purposes of this 
50.30 	section, "undiluted coal tar sealant" means a sealant material containing coal tar that 
51.1 	has not been mixed with asphalt and is for use on asphalt surfaces, including driveways 
51.2 	and parking lots.

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

51.4 	Sec. 27. Minnesota Statutes 2008, section 116G.15, is amended to read:
51.5 	116G.15 MISSISSIPPI RIVER CORRIDOR CRITICAL AREA.
51.6 		Subdivision 1.Establishment; purpose. (a) The federal Mississippi National 
51.7 	River and Recreation Area established pursuant to United States Code, title 16, section 
51.8 	460zz-2(k), is designated an area of critical concern in accordance with this chapter. The 
51.9 	governor shall review the existing Mississippi River critical area plan and specify any 
51.10 	additional standards and guidelines to affected communities in accordance with section 
51.11 	116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of 
51.12 	the area pending the completion of the federal plan.The purpose of the designation is to:
51.13 	(1) protect and preserve the Mississippi River and adjacent lands that the legislature 
51.14 	finds to be unique and valuable state and regional resources for the benefit of the health, 
51.15 	safety, and welfare of the citizens of the state, region, and nation;
51.16 	(2) prevent and mitigate irreversible damages to these state, regional, and natural 
51.17 	resources;
51.18 	(3) preserve and enhance the natural, aesthetic, cultural, and historical values of the 
51.19 	Mississippi River and adjacent lands for public use and benefit;
51.20 	(4) protect and preserve the Mississippi River as an essential element in the national, 
51.21 	state, and regional transportation, sewer and water, and recreational systems; and
51.22 	(5) protect and preserve the biological and ecological functions of the Mississippi 
51.23 	River corridor.
51.24 	The results of an environmental impact statement prepared under chapter 116D 
51.25 	begun before and completed after July 1, 1994, for a proposed project that is located in 
51.26 	the Mississippi River critical area north of the United States Army Corps of Engineers 
51.27 	Lock and Dam Number One must be submitted in a report to the chairs of the environment 
51.28 	and natural resources policy and finance committees of the house of representatives 
51.29 	and the senate prior to the issuance of any state or local permits and the authorization 
51.30 	for an issuance of any bonds for the project. A report made under this paragraph shall 
51.31 	be submitted by the responsible governmental unit that prepared the environmental 
51.32 	impact statement, and must list alternatives to the project that are determined by the 
51.33 	environmental impact statement to be economically less expensive and environmentally 
51.34 	superior to the proposed project and identify any legislative actions that may assist in the 
52.1 	implementation of environmentally superior alternatives. This paragraph does not apply 
52.2 	to a proposed project to be carried out by the Metropolitan Council or a metropolitan 
52.3 	agency as defined in section 473.121.  
52.4 	(b) If the results of an environmental impact statement required to be submitted by 
52.5 	paragraph (a) indicate that there is an economically less expensive and environmentally 
52.6 	superior alternative, then no member agency of the Environmental Quality Board shall 
52.7 	issue a permit for the facility that is the subject of the environmental impact statement, 
52.8 	other than an economically less expensive and environmentally superior alternative, 
52.9 	nor shall any government bonds be issued for the facility, other than an economically 
52.10 	less expensive and environmentally superior alternative, until after the legislature has 
52.11 	adjourned its regular session sine die in 1996.
52.12 		Subd. 2.Administration; duties. (a) The commissioner of natural resources may 
52.13 	adopt rules under chapter 14 as are necessary for the administration of the Mississippi 
52.14 	River corridor critical area program. Duties of the Environmental Quality Council or the 
52.15 	Environmental Quality Board referenced in this chapter, related rules, and the governor's 
52.16 	executive order number 79-19, published in the State Register on March 12, 1979, 
52.17 	that are related to the Mississippi River corridor critical area shall be the duties of the 
52.18 	commissioner. All rules adopted by the board pursuant to these duties remain in effect 
52.19 	and shall be enforced until amended or repealed by the commissioner in accordance with 
52.20 	law. The commissioner shall work in consultation with the United States Army Corps of 
52.21 	Engineers, the National Park Service, the Metropolitan Council, other agencies, and local 
52.22 	units of government to ensure that the Mississippi River corridor critical area is managed 
52.23 	as a multipurpose resource in a way that:
52.24 	(1) conserves the scenic, environmental, recreational, mineral, economic, cultural, 
52.25 	and historic resources and functions of the river corridor;
52.26 	(2) maintains the river channel for transportation by providing and maintaining 
52.27 	barging and fleeting areas in appropriate locations consistent with the character of the 
52.28 	Mississippi River and riverfront;
52.29 	(3) provides for the continuation and development of a variety of urban uses, 
52.30 	including industrial and commercial uses, and residential uses, where appropriate, within 
52.31 	the Mississippi River corridor;
52.32 	(4) utilizes certain reaches of the river as a source of water supply and as a receiving 
52.33 	water for properly treated sewage, stormwater, and industrial waste effluents; and
52.34 	(5) protects and preserves the biological and ecological functions of the corridor.
53.1 	(b) The Metropolitan Council shall incorporate the standards developed under 
53.2 	this section into its planning and shall work with local units of government and the 
53.3 	commissioner to ensure the standards are being adopted and implemented appropriately.
53.4 	(c) The rules must be consistent with residential nonconformity provisions under 
53.5 	sections 394.36 and 462.357.
53.6 		Subd. 3.Districts. The commissioner shall establish, by rule, districts within 
53.7 	the Mississippi River corridor critical area. The commissioner must seek to determine 
53.8 	an appropriate number of districts within any one municipality and take into account 
53.9 	municipal plans and policies, and existing ordinances and conditions. The commissioner 
53.10 	shall consider the following when establishing the districts:
53.11 	(1) the protection of the major features of the river in existence as of March 12, 1979;
53.12 	(2) the protection of improvements such as parks, trails, natural areas, recreational 
53.13 	areas, and interpretive centers;
53.14 	(3) the use of the Mississippi River as a source of drinking water;
53.15 	(4) the protection of resources identified in the Mississippi National River and 
53.16 	Recreation Area Comprehensive Management Plan;
53.17 	(5) the protection of resources identified in comprehensive plans developed by 
53.18 	counties, cities, and towns within the Mississippi River corridor critical area;
53.19 	(6) the intent of the Mississippi River corridor critical area land use districts from 
53.20 	the governor's executive order number 79-19, published in the State Register on March 
53.21 	12, 1979; and
53.22 	(7) identified scenic, geologic, and ecological resources.
53.23 		Subd. 4.Standards. (a) The commissioner shall establish, by rule, minimum 
53.24 	guidelines and standards for the districts established in subdivision 3. The guidelines and 
53.25 	standards for each district shall include the intent of each district and key resources and 
53.26 	features to be protected or enhanced based upon paragraph (b). The commissioner must 
53.27 	take into account municipal plans and policies, and existing ordinances and conditions 
53.28 	when developing the guidelines in this section. The commissioner may provide certain 
53.29 	exceptions and criteria for standards, including, but not limited to, exceptions for river 
53.30 	access facilities, water supply facilities, stormwater facilities, and wastewater treatment 
53.31 	facilities, and hydropower facilities.
53.32 	(b) The guidelines and standards must protect or enhance the following key 
53.33 	resources and features:
53.34 	(1) floodplains;
53.35 	(2) wetlands;
53.36 	(3) gorges;
54.1 	(4) areas of confluence with key tributaries;
54.2 	(5) natural drainage routes;
54.3 	(6) shorelines and riverbanks;
54.4 	(7) bluffs;
54.5 	(8) steep slopes and very steep slopes;
54.6 	(9) unstable soils and bedrock;
54.7 	(10) significant existing vegetative stands, tree canopies, and native plant 
54.8 	communities;
54.9 	(11) scenic views and vistas;
54.10 	(12) publicly owned parks, trails, and open spaces;
54.11 	(13) cultural and historic sites and structures; and
54.12 	(14) water quality.
54.13 	(c) The commissioner shall establish a map to define bluffs and bluff-related features 
54.14 	within the Mississippi River corridor critical area. At the outset of the rulemaking process, 
54.15 	the commissioner shall create a preliminary map of all the bluffs and bluff lines within 
54.16 	the Mississippi River corridor critical area, based on the guidelines in paragraph (d). The 
54.17 	rulemaking process shall provide an opportunity to refine the preliminary bluff map. The 
54.18 	commissioner may add to or remove areas of demonstrably unique or atypical conditions 
54.19 	that warrant special protection or exemption. At the end of the rulemaking process, the 
54.20 	commissioner shall adopt a final bluff map that contains associated features, including 
54.21 	bluff lines, bases of bluffs, steep slopes, and very steep slopes.
54.22 	(d) The following guidelines shall be used by the commissioner to create a 
54.23 	preliminary bluff map as part of the rulemaking process: 
54.24 	(1) "bluff face" or "bluff" means the area between the bluff line and the bluff base. A 
54.25 	high, steep, natural topographic feature such as a broad hill, cliff, or embankment with 
54.26 	a slope of 18 percent or greater and a vertical rise of at least ten feet between the bluff 
54.27 	base and the bluff line;
54.28 	(2) "bluff line" means a line delineating the top of a slope connecting the points 
54.29 	at which the slope becomes less than 18 percent. More than one bluff line may be 
54.30 	encountered proceeding upslope from the river valley;
54.31 	(3) "base of the bluff" means a line delineating the bottom of a slope connecting 
54.32 	the points at which the slope becomes 18 percent or greater. More than one bluff base 
54.33 	may be encountered proceeding landward from the water;
54.34 	(4) "steep slopes" means 12 percent to 18 percent slopes. Steep slopes are natural 
54.35 	topographic features with an average slope of 12 to 18 percent measured over a horizontal 
54.36 	distance of 50 feet or more; and
55.1 	(5) "very steep slopes" means slopes 18 percent or greater. Very steep slopes are 
55.2 	natural topographic features with an average slope of 18 percent or greater, measured over 
55.3 	a horizontal distance of 50 feet or more.
55.4 		Subd. 5.Application. The standards established under this section shall be used:
55.5 	(1) by local units of government when preparing or updating plans or modifying 
55.6 	regulations;
55.7 	(2) by state and regional agencies for permit regulation and in developing plans 
55.8 	within their jurisdiction;
55.9 	(3) by the Metropolitan Council for reviewing plans and regulations; and
55.10 	(4) by the commissioner when approving plans and regulations, and reviewing 
55.11 	development permit applications.
55.12 		Subd. 6.Notification; fees. A local unit of government or a regional or state agency 
55.13 	shall notify the commissioner of natural resources of all developments in the corridor that 
55.14 	require discretionary actions under their rules at least ten days before taking final action 
55.15 	on the application. The commissioner may establish exemptions from the notification 
55.16 	requirement for certain types of applications. For purposes of this section, a discretionary 
55.17 	action includes all actions that require a public hearing, including variances, conditional 
55.18 	use permits, and zoning amendments.
55.19 		Subd. 7.Rules. The commissioner shall adopt rules to ensure compliance with this 
55.20 	section. By January 15, 2010, the commissioner shall begin the rulemaking required 
55.21 	by this section under chapter 14.

55.22 	Sec. 28. PREVENTION OF WATER POLLUTION FROM POLYCYCLIC 
55.23 	AROMATIC HYDROCARBONS.
 55.24 	(a) By January 15, 2010, the commissioner of the Pollution Control Agency shall 
55.25 	notify state agencies and local units of government of the potential for contamination of 
55.26 	constructed storm water ponds and wetlands or natural ponds used for the collection 
55.27 	of storm water via constructed conveyances with polycyclic aromatic hydrocarbons 
55.28 	from the use of coal tar sealant products. For the purpose of this section, a storm water 
55.29 	pond is a treatment pond constructed and operated for water quality treatment, storm 
55.30 	water detention, and flood control. Storm water ponds do not include areas of temporary 
55.31 	ponding, such as ponds that exist only during a construction project or short-term 
55.32 	accumulations of water in road ditches.
55.33 	(b) By January 15, 2010, the commissioner of the Pollution Control Agency shall 
55.34 	establish a schedule and information requirements for state agencies and local units of 
55.35 	government regulated under a national pollutant discharge elimination system or state 
56.1 	disposal system permit for municipal separate storm sewer systems to report to the 
56.2 	commissioner of the Pollution Control Agency on all storm water ponds and other waters 
56.3 	defined in paragraph (a) located within their jurisdiction.
56.4 	(c) The commissioner of the Pollution Control Agency shall develop best 
56.5 	management practices for state agencies and local units of government regulated under 
56.6 	a national pollutant discharge elimination system or state disposal system permit for 
56.7 	municipal separate storm sewer systems treating or cleaning up contaminated sediments 
56.8 	in storm water ponds and other waters defined under paragraph (a) and make the best 
56.9 	management practices available on the agency's Web site. As part of the development of 
56.10 	the best management practices, the commissioner shall:
56.11 	(1) sample a set of storm water pond sediments in residential, commercial, and 
56.12 	industrial areas for polycyclic aromatic hydrocarbons and other contaminants of potential 
56.13 	concern;
56.14 	(2) investigate the feasibility of screening methods to provide more cost-effective 
56.15 	analytical results and to identify which kinds of ponds are likely to have the highest 
56.16 	concentrations of polycyclic aromatic hydrocarbons; and
56.17 	(3) develop guidance on testing, treatment, removal, and disposal of polycyclic 
56.18 	aromatic hydrocarbon contaminated sediments.
56.19 	(d) The commissioner of the Pollution Control Agency shall incorporate the 
56.20 	requirements for inventory and best management practices specified in paragraphs (b) and 
56.21 	(c) into the next permitting cycle for the national pollutant discharge elimination system or 
56.22 	state disposal system permit for municipal separate storm sewer systems.

56.23 	Sec. 29. ENDOCRINE-DISRUPTOR MONITORING.
 56.24 	(a) The commissioner of the Pollution Control Agency shall establish a network of 
56.25 	water monitoring sites in public waters adjacent to wastewater treatment facilities across 
56.26 	the state to assess levels of endocrine disrupting compounds, antibiotic compounds, and 
56.27 	pharmaceuticals.
56.28 	(b) Each of the monitoring sites must provide enhanced monitoring of the effluent 
56.29 	at the discharge point of the wastewater treatment facility and monitoring of the public 
56.30 	waters above and below the discharge point.
56.31 	(c) The monitoring sites must be located throughout the state, represent a variety of 
56.32 	wastewater treatment facility sizes based on the number of gallons of water discharged per 
56.33 	day, and represent a variety of waste treatment systems used for primary, secondary, and 
56.34 	tertiary disinfecting treatment and management of biosolids.
57.1 	(d) In establishing the monitoring network, the commissioner of the Pollution 
57.2 	Control Agency must consult with the commissioners of health and natural resources, the 
57.3 	United States Geological Survey, the Metropolitan Council, local wastewater treatment 
57.4 	facility operators, and the Water Resources Center at the University of Minnesota. 
57.5 	Consideration may be given to monitoring sites at facilities identified as part of a total 
57.6 	maximum daily load study and facilities located on a water body identified for enhanced 
57.7 	protection. The initial monitoring network must include at least ten sites.
57.8 	(e) Monitoring must include, but is not limited to, endocrine-disrupting compounds 
57.9 	from natural and synthetic hormones, pharmaceuticals, personal care products, and 
57.10 	a range of industrial products and by-products. At a minimum, concentrations of 
57.11 	estrone, nonylphenol, bisphenol-A, 17-beta-estradiol, 17-alpha-ethynylestradiol, estriol, 
57.12 	and antibacterial triclosan must be monitored. Additional compounds, antibacterial 
57.13 	compounds, and pharmaceuticals potentially impacting human health and aquatic 
57.14 	communities may be considered for identification and monitoring including, but not 
57.15 	limited to, nonylphenol ethoxylates, octylphenol, and octylphenol ethoxylates; the 
57.16 	hormones androstenedione, trenbelone, and diethylphthalate; antidepressant medications, 
57.17 	including fluoxetine and fluvoxamine; carbamazepine; and triclocarban.
57.18 	(f) The commissioner of the Pollution Control Agency shall begin the monitoring 
57.19 	and testing required under this section no later than November 1, 2009. Information 
57.20 	about requirements under this section and the results from the monitoring and testing 
57.21 	must be available on the agency's Web site by June 1, 2010. The commissioner shall 
57.22 	submit a preliminary report on the results of the monitoring and testing to the chairs of the 
57.23 	legislative committees with jurisdiction over environment and natural resources policy 
57.24 	and finance by April 15, 2010, and a final report no later than January 15, 2011.

57.25 	Sec. 30. COMPREHENSIVE STATEWIDE SUSTAINABLE WATER 
57.26 	RESOURCES DETAILED FRAMEWORK.
 57.27 	(a) The University of Minnesota shall develop a comprehensive statewide 
57.28 	sustainable water resources detailed framework to protect, conserve, and enhance the 
57.29 	quantity and quality of the state's groundwater and surface water. The detailed framework 
57.30 	shall be a long-range, 25-year detailed framework, with an implementation schedule and 
57.31 	associated benchmarks, for policy, research, monitoring, and evaluation in order to achieve 
57.32 	sustainable groundwater and surface water use, including the ecological benefits provided 
57.33 	by water resources to humans and fish and wildlife habitat. For the purposes of the detailed 
57.34 	framework, water use is sustainable when the use does not harm ecosystems, degrade 
57.35 	water quality, or compromise the ability of future generations to meet their own needs.
58.1 	(b) The detailed framework shall be developed by the University of Minnesota 
58.2 	Water Resources Center in cooperation with the Departments of Natural Resources and 
58.3 	Agriculture, the Environmental Quality Board, the Pollution Control Agency, the Board 
58.4 	of Water and Soil Resources, watershed management districts, watershed management 
58.5 	organizations, soil and water conservation districts, and other federal, state, and local 
58.6 	government and private nonprofits with expertise in water resources. In developing the 
58.7 	detailed framework, the water resources plans of organizations with water resources 
58.8 	expertise shall be considered. The detailed framework must include, but is not limited to, 
58.9 	identification of infrastructure needs, drinking water, groundwater and surface water, storm 
58.10 	water, agricultural and industrial needs, the interfaces of climate change, development 
58.11 	and land use, and demographics. The detailed framework must identify best practices and 
58.12 	methods for determining the effectiveness of those practices for wastewater treatment, 
58.13 	drinking water source protection, pollution prevention, conservation, and water valuation.
58.14 	(c) The University of Minnesota shall also develop a ten-year plan for sustainable 
58.15 	water resources. In developing this plan, the University of Minnesota Water Resources 
58.16 	Center shall examine existing plans, as available and appropriate, from the Environmental 
58.17 	Quality Board and Clean Water Council.
58.18 	(d) The University of Minnesota shall submit the detailed framework to the chairs 
58.19 	and ranking minority members of the legislative committees with jurisdiction over 
58.20 	agriculture policy and finance, environment and natural resources policy and finance, and 
58.21 	cultural and outdoor resources policy and finance by January 15, 2011.
58.22 	(e) It is a condition of acceptance of this appropriation that the University of 
58.23 	Minnesota must submit a work plan, a timeline, a budget, and periodic progress reports 
58.24 	to the Legislative Coordinating Commission. After review, the work plan, progress 
58.25 	reports, and any comments on the plan must be submitted to the house of representatives 
58.26 	and senate environment finance and policy and cultural and outdoor resources finance 
58.27 	committees, and to the Legislative Coordinating Commission.

58.28 	Sec. 31. REVISOR'S INSTRUCTION.
 58.29 	The revisor of statutes shall change the term "conservation reserve program" to 
58.30 	"reinvest in Minnesota reserve program" where it appears in Minnesota Statutes, sections 
58.31 	84.95, subdivision 2; 92.70, subdivision 1; and 103H.105.

58.32 	Sec. 32.  REPEALER.
 58.33 	(a) Minnesota Statutes 2008, sections 103B.101, subdivision 11; 103F.511, 
58.34 	subdivision 4; and 103F.521, subdivision 2, are repealed.
59.1 	(b) Minnesota Rules, parts 8400.3130; 8400.3160; 8400.3200; 8400.3230; 
59.2 	8400.3330; 8400.3360; 8400.3390; 8400.3500; 8400.3530; and 8400.3560, are repealed.

59.3 	ARTICLE 3
59.4 	PARKS AND TRAILS FUND

59.5	Section 1. PARKS AND TRAILS FUND APPROPRIATIONS.
 	
59.6 	The sums shown in the columns marked "Appropriations" are appropriated to 
59.7 	the agencies and for the purposes specified in this article. The appropriations are from 
59.8 	the parks and trails fund, or another named fund, and are available for the fiscal years 
59.9 	indicated for each purpose. The figures "2010" and "2011" used in this article mean that 
59.10 	the appropriations listed under them are available for the fiscal year ending June 30, 2010, 
59.11 	or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is 
59.12 	fiscal year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the 
59.13 	fiscal year ending June 30, 2009, are effective the day following final enactment. All 
59.14 	appropriations in this article are onetime.

59.15				APPROPRIATIONS
	
59.16				Available for the Year
	
59.17				Ending June 30
	
59.18					2010
		2011

59.19
59.20	Sec. 2. DEPARTMENT OF NATURAL 
RESOURCES
 	$
	16,861,000
	$
	20,040,000
	
59.21 	(a) $250,000 the first year is for a 
59.22 	collaborative project to develop a 25-year, 
59.23 	long-term plan for parks and trails. This 
59.24 	appropriation is available until June 30, 2011.
59.25 	(b) $12,641,000 the first year and 
59.26 	$15,140,000 the second year are for state 
59.27 	parks, recreation areas, and trails to:
59.28 	(1) connect people to the outdoors by 
59.29 	providing access, conservation education 
59.30 	and interpretive services, including the 
59.31 	Minnesota Naturalist Corps under new 
59.32 	Minnesota Statutes, section 84.992, 
59.33 	enhanced marketing and technology, opening 
59.34 	or reopening visitor centers advancing 
60.1 	new conservation education, enhanced 
60.2 	cross-country skiing, and producing a new 
60.3 	parks and trails map integrating state parks, 
60.4 	recreation areas, forest campgrounds, trails, 
60.5 	and regional park and trail facilities that is 
60.6 	available in print and on the Web;
60.7 	(2) accelerate natural resource management, 
60.8 	restoration, and protection activities at state 
60.9 	parks, including:
60.10 	(i) restoring at least 500 additional acres of 
60.11 	state park land;
60.12 	(ii) conducting invasive species detection, 
60.13 	prevention, and response activities on at least 
60.14 	4,000 acres of state park lands and waters 
60.15 	and reestablishing native plants, shrubs, and 
60.16 	trees after invasive species removal;
60.17 	(iii) providing rapid response to terrestrial 
60.18 	and aquatic new invasive species detections 
60.19 	and infestations on state park lands and 
60.20 	waters and state trails;
60.21 	(iv) conducting prescribed burns on an 
60.22 	additional 6,000 acres; and
60.23 	(v) restoring and managing native prairies 
60.24 	and woodlands along at least six percent of 
60.25 	the developed miles of state trails, including 
60.26 	removing invasive species;
60.27 	(3) accelerate facility maintenance and 
60.28 	rehabilitation, including energy-efficiency 
60.29 	improvements and the use of renewable 
60.30 	sources of energy, such as solar energy.
60.31 	(c) The commissioner shall contract for 
60.32 	services with the Minnesota Conservation 
60.33 	Corps for restoration, maintenance, and 
60.34 	other activities under this section for at least 
61.1 	$600,000 the first year and $1,000,000 the 
61.2 	second year.
61.3 	(d) $3,970,000 the first year and $4,900,000 
61.4 	the second year are for grants under new 
61.5 	Minnesota Statutes, section 85.535, to 
61.6 	parks and trails recognized as meeting the 
61.7 	constitutional requirement of being a park 
61.8 	or trail of regional or statewide significance. 
61.9 	Grants under this section must be used only 
61.10 	for acquisition, development, restoration, 
61.11 	and maintenance. Of this amount, $500,000 
61.12 	the first year and $600,000 the second year 
61.13 	are for grants for solar energy projects. Up to 
61.14 	2.5 percent of this appropriation may be used 
61.15 	for administering the grants.
61.16 	(e) The commissioner shall develop a 
61.17 	ten-year strategic state parks and trails 
61.18 	plan considering traditional funding and 
61.19 	the funding available under the Minnesota 
61.20 	Constitution, article XI, section 15. The plan 
61.21 	shall incorporate the 25-year framework 
61.22 	developed by the University of Minnesota 
61.23 	Center for Changing Landscapes.
61.24 	The commissioner shall submit an annual 
61.25 	report on the expenditure and use of money 
61.26 	appropriated under this section to the 
61.27 	legislature as provided in Minnesota Statutes, 
61.28 	section 3.195. The first year report must be 
61.29 	submitted by March 1, 2010. In subsequent 
61.30 	years the report shall be submitted by January 
61.31 	15. The report must relate the expenditure of 
61.32 	funds by the categories established and detail 
61.33 	the outcomes in terms of additional use of 
61.34 	parks and trails resources, user satisfaction 
61.35 	surveys, and other appropriate outcomes.
62.1 	To the extent possible, a person conducting 
62.2 	restoration with money appropriated in this 
62.3 	section must plant vegetation or sow seed 
62.4 	only of ecotypes native to Minnesota, and 
62.5 	preferably of the local ecotype, using a high 
62.6 	diversity of species originating from as 
62.7 	close to the restoration site as possible, and 
62.8 	protect existing native prairies from genetic 
62.9 	contamination.

62.10	Sec. 3. METROPOLITAN COUNCIL
 	$
	12,641,000
	$
	15,140,000
	
62.11 	(a) $12,641,000 the first year and 
62.12 	$15,140,000 the second year are from the 
62.13 	parks and trails fund to be distributed as 
62.14 	required under new Minnesota Statutes, 
62.15 	section 85.535, subdivision 3, except that 
62.16 	of this amount, $40,000 the first year is for 
62.17 	a grant to Hennepin County to plant trees 
62.18 	along the Victory Memorial Parkway.
62.19 	(b) The Metropolitan Council shall submit 
62.20 	a report on the expenditure and use of 
62.21 	money appropriated under this section to 
62.22 	the legislature as provided in Minnesota 
62.23 	Statutes, section 3.195, by March 1 of each 
62.24 	year. The report must detail the outcomes in 
62.25 	terms of additional use of parks and trails 
62.26 	resources, user satisfaction surveys, and 
62.27 	other appropriate outcomes.
62.28 	(c) Grant agreements entered into by the 
62.29 	Metropolitan Council and recipients of 
62.30 	money appropriated under this section shall 
62.31 	ensure that the funds are used to supplement 
62.32 	and not substitute for traditional sources of 
62.33 	funding.
63.1 	(d) The implementing agencies receiving 
63.2 	appropriations under this section shall 
63.3 	give consideration to contracting with the 
63.4 	Minnesota Conservation Corps for contract 
63.5 	restoration, maintenance, and other activities.

63.6	Sec. 4. UNIVERSITY OF MINNESOTA
 	$
	400,000
	$
	-0-
	
63.7 	To the Board of Regents of the University 
63.8 	of Minnesota for the Center for Changing 
63.9 	Landscapes to create a comprehensive 
63.10 	statewide parks and trails framework and 
63.11 	system inventory. This appropriation is 
63.12 	available until June 30, 2011.

63.13	Sec. 5. LEGISLATURE
 	$
	15,000
	$
	-0-
	
63.14 	$15,000 the first year is for the Legislative 
63.15 	Coordinating Commission for the Web site 
63.16 	required under this act.

63.17 	Sec. 6. CREATION OF A PARKS AND TRAILS INVENTORY, FRAMEWORK, 
63.18 	AND PLAN.
 63.19 		Subdivision 1.Inventory and framework development.  (a) The University of 
63.20 	Minnesota Center for Changing Landscapes is directed to create a long-range framework 
63.21 	for an integrated statewide parks and trails system that provides information on the natural 
63.22 	resource-based recreational opportunities available throughout the state. The detailed 
63.23 	framework must include an inventory of existing regionally and statewide significant 
63.24 	parks and trails, respond to recreational trends and demographic changes, and identify 
63.25 	underserved areas, overused facilities, and gaps in the current parks and trails system. The 
63.26 	framework must identify opportunities for enhancing existing assets, developing new 
63.27 	assets, and linking those assets together effectively within realistic financial resources. In 
63.28 	developing the framework and creating the inventory, the Center for Changing Landscapes 
63.29 	shall use geographic information system technology, aerial photographs, and other 
63.30 	pertinent data from government agencies. 
63.31 	(b) As part of the inventory, the Center for Changing Landscapes shall develop a 
63.32 	user-friendly Web-based guide for information on state and regional parks in the state. 
63.33 	The Department of Natural Resources, the Office of Explore Minnesota Tourism, and the 
64.1 	Metropolitan Council shall work with the Center for Changing Landscapes to ensure that 
64.2 	all the information currently available on their Web sites is incorporated into the newly 
64.3 	developed statewide Web system. The statewide parks and trails Web guide shall be 
64.4 	incorporated into the Department of Natural Resources Web site.
64.5 	(c) In developing the framework and inventory, the Center for Changing Landscapes 
64.6 	shall consult with the Department of Natural Resources, the Office of Explore Minnesota 
64.7 	Tourism, the Metropolitan Council, local units of government, park and trail groups, 
64.8 	the public, and other stakeholder groups. The Center for Changing Landscapes shall 
64.9 	participate and be actively involved in the collaborative under subdivision 2.
64.10 	(d) The Center for Changing Landscapes shall submit the framework and a summary 
64.11 	of the inventory in a report to the commissioner of natural resources and to the chairs and 
64.12 	ranking minority members of the senate and house of representatives committees and 
64.13 	divisions having jurisdiction over natural resources policy and finance by January 15, 2011.
64.14 		Subd. 2.State and regional parks and trails plan. (a) The commissioner 
64.15 	of natural resources shall participate in a collaborative project to develop a 25-year, 
64.16 	long-range plan for the use of the money available in the parks and trails fund under 
64.17 	the Minnesota Constitution, article XI, section 15, and other traditional sources of 
64.18 	funding. The collaborative project shall consist of a joint effort between representatives 
64.19 	of the commissioner of natural resources, the Office of Explore Minnesota Tourism, the 
64.20 	Metropolitan Council and its implementing agencies, the Central Minnesota Regional 
64.21 	Parks and Trails Coordinating Board, and regional parks and trails organizations outside 
64.22 	the metropolitan area. The members shall prepare a ten-year strategic parks and trails 
64.23 	coordination plan and develop a 25-year, long-range plan for use of the funding that 
64.24 	includes goals and measurable outcomes and includes a vision for Minnesotans of what 
64.25 	the state and regional parks will look like in 25 years.
64.26 	(b) In developing the plans, the members shall utilize a process, including Web 
64.27 	site survey tools and regional listening sessions, to be staffed by the commissioner, that 
64.28 	ensures that citizens are included in development and finalization of the final plans. The 
64.29 	commissioner, office, council, and board shall provide for input from user groups and local 
64.30 	and regional park and trail organizations.
64.31 	(c) The plans must consider the framework and inventory developed by the 
64.32 	University of Minnesota Center for Changing Landscapes and must include, but is not 
64.33 	limited to:
64.34 	(1) a proposed definition of "parks and trails of regional significance";
64.35 	(2) a plan to increase the number of visitors to state and regional parks;
65.1 	(3) assessment of the need for new or expanded regional outdoor recreation systems 
65.2 	to preserve and connect high-quality, diverse natural resources in areas with concentrated 
65.3 	and increasing populations;
65.4 	(4) budgeting for ongoing maintenance;
65.5 	(5) decommissions;
65.6 	(6) a plan for trails that takes into account connectivity and the potential for use 
65.7 	by commuters;
65.8 	(7) requirements for local contribution; and
65.9 	(8) benchmarks.
65.10 	(d) The commissioner shall submit the ten-year strategic plan and 25-year long-range 
65.11 	plan to the legislature as provided in Minnesota Statutes, section 3.195, by February 
65.12 	15, 2011.
65.13 		Subd. 3.Parks and trails budget analysis. The commissioner of natural resources, 
65.14 	in consultation with the commissioner of finance, shall estimate the total amount of 
65.15 	funding available from all sources, including the parks and trails fund, for parks and trails 
65.16 	over the next ten and 25 years. The commissioner shall develop a range of estimates to 
65.17 	reflect different funding scenarios based on economic and other factors. The commissioner 
65.18 	and others shall use these estimates in preparing the ten-year strategic parks and trails plan 
65.19 	and the 25-year long-range plan required under this section, including, but not limited to, 
65.20 	evaluating the range of estimated funds available to determine:
65.21 	(1) the amount necessary to operate existing parks and trails for the next ten and 
65.22 	25 years;
65.23 	(2) the amount necessary to provide maintenance for existing parks and trails for 
65.24 	the next ten and 25 years;
65.25 	(3) the adequacy of funding to support expansion of the existing park system; and
65.26 	(4) the adequacy of funding to support expansion of the existing trail system
65.27 	The commissioner shall submit the estimates to the chairs and ranking minority 
65.28 	members of the house of representatives and senate committees with jurisdiction over the 
65.29 	environment and natural resources finance and the parks and trails fund by August 1, 2009.

65.30 	Sec. 7. AVAILABILITY OF APPROPRIATIONS.
 65.31 	Unless otherwise provided, the amounts in this article are available until June 
65.32 	30, 2011, when projects must be completed and final accomplishments reported. 
65.33 	Appropriations for 2011 are available for use until June 30, 2012. For acquisition of an 
65.34 	interest in real property, the amounts in this section appropriated in fiscal year 2010 are 
65.35 	available until June 30, 2012, and the amounts in this section appropriated in fiscal year 
66.1 	2011 are available until June 30, 2013. If a project receives federal funds, the time period 
66.2 	of the appropriation is extended to equal the availability of federal funding.

66.3 	Sec. 8. [84.992] MINNESOTA NATURALIST CORPS.
66.4 		Subdivision 1.Establishment. The Minnesota Naturalist Corps is established under 
66.5 	the direct control and supervision of the commissioner of natural resources.
66.6 		Subd. 2.Program. The commissioner of natural resources shall develop a program 
66.7 	for the Minnesota Naturalist Corps that supports state parks in providing interpretation 
66.8 	of the natural and cultural features of state parks in order to enhance visitors' awareness, 
66.9 	understanding, and appreciation of those features and encourages the wise and sustainable 
66.10 	use of the environment.
66.11 		Subd. 3.Training and mentoring. The commissioner must develop and implement 
66.12 	a training program that adequately prepares Minnesota Naturalist Corps members for the 
66.13 	tasks assigned. Each corps member shall be assigned a state park naturalist as a mentor.
66.14 		Subd. 4.Uniform patch. Uniforms worn by members of the Minnesota Naturalist 
66.15 	Corps must have a patch that includes the name of the Minnesota Naturalist Corps and 
66.16 	information that the program is funded by the clean water, land, and legacy amendment to 
66.17 	the Minnesota Constitution adopted by the voters in November 2008.
66.18 		Subd. 5.Eligibility. A person is eligible to enroll in the Minnesota Naturalist 
66.19 	Corps if the person:
66.20 	(1) is a permanent resident of the state;
66.21 	(2) is a participant in an approved college internship program or has a postsecondary 
66.22 	degree in a natural resource or conservation related field; and
66.23 	(3) has completed at least one year of postsecondary education.
66.24 		Subd. 6.Corps member status. Minnesota Naturalist Corps members are not 
66.25 	eligible for unemployment benefits if their services are excluded under section 268.035, 
66.26 	subdivision 20, and are not eligible for other benefits except workers' compensation. The 
66.27 	corps members are not employees of the state within the meaning of section 43A.02, 
66.28 	subdivision 21.
66.29 		Subd. 7.Employee displacement. The commissioner must certify that the 
66.30 	assignment of Minnesota Naturalist Corps members will not result in the displacement of 
66.31 	currently employed workers or workers on seasonal layoff or layoff from a substantially 
66.32 	equivalent position, including partial displacement such as reduction in hours of 
66.33 	nonovertime work, wages, or other employment benefits. The department may not 
66.34 	terminate, lay off, reduce the seasonal hours of, or reduce the working hours of any 
66.35 	employee for the purpose of using a corps member with available funds.

67.1 	Sec. 9. [85.535] PARKS AND TRAILS GRANT PROGRAM.
67.2 		Subdivision 1.Establishment. The commissioner of natural resources shall 
67.3 	administer a program to provide grants from the parks and trails fund to support parks and 
67.4 	trails of regional or statewide significance. Grants shall not be made under this section for 
67.5 	state parks, state recreational areas, or state trails.
67.6 		Subd. 2.Priorities. In awarding trails grants under this section, the commissioner 
67.7 	shall give priority to trail projects that provide:
67.8 	(1) connectivity;
67.9 	(2) enhanced opportunities for commuters; and
67.10 	(3) enhanced safety.
67.11 		Subd. 3.Match. Recipients must provide a nonstate cash match of at least 25 
67.12 	percent of the total eligible project costs.
67.13 		Subd. 4.Rule exemption. The commissioner is not subject to the rulemaking 
67.14 	provisions of chapter 14 in implementing this section, and section 14.386 does not apply.

67.15 	ARTICLE 4
67.16 	ARTS AND CULTURAL HERITAGE FUND

67.17	Section 1. ARTS AND CULTURAL HERITAGE FUND APPROPRIATIONS.
 	
67.18 	The sums shown in the columns marked "Appropriations" are appropriated to the 
67.19 	agencies and for the purposes specified in this article. The appropriations are from the arts 
67.20 	and cultural heritage fund, and are available for the fiscal years indicated for allowable 
67.21 	activities under the Minnesota Constitution, article XI, section 15. The figures "2010" and 
67.22 	"2011" used in this article mean that the appropriations listed under them are available for 
67.23 	the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The first year" is 
67.24 	fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is fiscal years 
67.25 	2010 and 2011. Appropriations for the fiscal year ending June 30, 2009, are effective the 
67.26 	day following final enactment. All appropriations in this article are onetime.

67.27				APPROPRIATIONS
	
67.28				Available for the Year
	
67.29				Ending June 30
	
67.30					2010
		2011

67.31	Sec. 2. ARTS AND CULTURAL HERITAGE

67.32	Subdivision 1.Total Appropriation
 	$
	44,470,000
	$
	48,750,000
	
68.1 	The amounts that may be spent for each 
68.2 	purpose are specified in the following 
68.3 	subdivisions.

68.4	Subd. 2.Board of the Arts
 		21,650,000
		21,650,000
	
68.5 	(a) The appropriations in this subdivision 
68.6 	are to the Minnesota Board of the Arts 
68.7 	from the arts and cultural heritage fund. 
68.8 	Grants agreements entered into by the 
68.9 	Board of the Arts and other recipients of 
68.10 	appropriations in this section shall ensure 
68.11 	that these funds are used to supplement and 
68.12 	not supplant traditional sources of funding. 
68.13 	Appropriations made directly to the Board 
68.14 	of the Arts shall supplement, and shall not 
68.15 	substitute for traditional sources of funding. 
68.16 	Funds appropriated in the first year may 
68.17 	be carried over to the second. Each grant 
68.18 	program established within this appropriation 
68.19 	shall be separately administered from other 
68.20 	state appropriations for program planning 
68.21 	and outcome measurements, but may take 
68.22 	into consideration other state resources 
68.23 	awarded in the selection of applicants and 
68.24 	grant award size.
68.25 	(b) Of the amounts in this subdivision:
68.26 	(1) up to 78 percent of the money to support 
68.27 	Minnesota artists and arts organizations 
68.28 	in creating, producing, and presenting 
68.29 	high-quality arts activities; to overcome 
68.30 	barriers to accessing high-quality arts 
68.31 	activities; and to instill the arts into the 
68.32 	community and public life in this state.
68.33 	A portion of these funds may be used to:
69.1 	(i) pay attendance fees and travel costs 
69.2 	for youth to visit art museums, arts 
69.3 	performances, or other arts activities; or
69.4 	(ii) bring artists to schools, libraries, or other 
69.5 	community centers or organizations for 
69.6 	teaching, training, or performance purposes;
69.7 	(2) up to 15 percent of the money for 
69.8 	high-quality, age-appropriate arts education 
69.9 	for Minnesotans of all ages to develop 
69.10 	knowledge, skills, and understanding of the 
69.11 	arts.
69.12 	A portion of this appropriation may be used 
69.13 	for grants to school districts to provide 
69.14 	materials or resources to teachers, students, 
69.15 	and parents to promote achievement of K-12 
69.16 	academic standards in the arts;
69.17 	(3) up to five percent of the money for events 
69.18 	and activities that represent the diverse ethnic 
69.19 	and cultural arts traditions, including folk 
69.20 	and traditional artists and art organizations, 
69.21 	represented in this state; and
69.22 	(4) up to three percent of the money 
69.23 	to administer grant programs, deliver 
69.24 	technical services, provide fiscal oversight 
69.25 	for the statewide system, and to ensure 
69.26 	accountability for these state resources.
69.27 	The Board of the Arts, in partnership 
69.28 	with regional arts councils, shall conduct 
69.29 	a census of Minnesota artists and artistic 
69.30 	organizations.
69.31 	Thirty percent of the total appropriated to 
69.32 	each of the categories established in this 
69.33 	subdivision is for grants to the regional arts 
70.1 	councils. This percentage does not apply to 
70.2 	administrative costs.
70.3 	Any unexpended balance under this 
70.4 	subdivision is available in either year.
70.5 	(c) Reporting
70.6 	The executive director shall submit an annual 
70.7 	report on the expenditure and use of money 
70.8 	appropriated under this subdivision to the 
70.9 	legislature as provided in Minnesota Statutes, 
70.10 	section 3.195. The first year report must be 
70.11 	submitted by March 1, 2010. In subsequent 
70.12 	years the report shall be submitted by January 
70.13 	15. The report must relate the expenditure 
70.14 	of funds by the categories established in 
70.15 	this subdivision. Distinctive goals and 
70.16 	measurable outcomes shall be established 
70.17 	and reported on.

70.18	Subd. 3.Department of Education
 		4,250,000
		4,250,000
	
70.19 	These appropriations are for grants allocated 
70.20 	using existing formulas under Minnesota 
70.21 	Statutes, section 134.355, to the 12 
70.22 	Minnesota Regional Library Systems, to 
70.23 	provide educational opportunities in the arts, 
70.24 	history, literary arts, and cultural heritage 
70.25 	of Minnesota. No more than 2.5 percent of 
70.26 	funds may be used for administration by 
70.27 	regional library systems. These funds may 
70.28 	be used to sponsor programs provided by 
70.29 	regional libraries, or to provide grants to 
70.30 	local arts and cultural heritage programs 
70.31 	for programs in partnership with regional 
70.32 	libraries.

70.33	Subd. 4.Minnesota Historical Society
 		9,750,000
		12,250,000
	
71.1 	(a) The appropriations in this subdivision are 
71.2 	to the Minnesota Historical Society from the 
71.3 	arts and cultural heritage fund to preserve and 
71.4 	enhance access to Minnesota's history and 
71.5 	its cultural and historical resources. Grants 
71.6 	agreements entered into by the Minnesota 
71.7 	Historical Society and other recipients of 
71.8 	appropriations in this section shall ensure 
71.9 	that these funds are used to supplement 
71.10 	and not substitute for traditional sources of 
71.11 	funding. Funds directly appropriated to the 
71.12 	Minnesota Historical Society shall be used to 
71.13 	supplement, and not substitute for, traditional 
71.14 	sources of funding. Funds appropriated in 
71.15 	the first year may be carried over to the 
71.16 	second. No more than 2.5 percent of each 
71.17 	appropriation may be used for administration 
71.18 	by the Minnesota Historical Society. The 
71.19 	Minnesota Historical Society, with the 
71.20 	assistance of recipients funded under this 
71.21 	section, shall report on all expenditures 
71.22 	made from these funds to the legislature and 
71.23 	governor by January 15 of each year.
71.24 	(b) Statewide Historic and Cultural 
71.25 	Grants. (i) $2,250,000 in 2010 and 
71.26 	$4,500,000 in 2011 are appropriated for 
71.27 	history programs and projects operated 
71.28 	or conducted by or through local, county, 
71.29 	regional or other historical or cultural 
71.30 	organizations; or for activities to preserve 
71.31 	significant historic and cultural resources. 
71.32 	Funds are to be distributed through a 
71.33 	competitive grants process. The Minnesota 
71.34 	Historical Society shall administer these 
71.35 	funds using established grants mechanisms, 
71.36 	and with assistance from the advisory 
72.1 	committee created herein. The Preston 
72.2 	grain elevator restoration and recreation 
72.3 	project shall be eligible for grants under this 
72.4 	program.
72.5 	Also eligible for a grant under this section 
72.6 	are projects previously approved by the 
72.7 	Minnesota Historical Society that have had 
72.8 	this approved funding refused by a public 
72.9 	board or governing body, provided that these 
72.10 	projects are now administered by a nonprofit 
72.11 	organization. 
72.12 	Ironworld is eligible for a grant under this 
72.13 	program.
72.14 	(ii) The Minnesota Historical Society 
72.15 	shall appoint a historic resources advisory 
72.16 	committee, with balanced statewide 
72.17 	membership and representatives of local, 
72.18 	county, and statewide historical and cultural 
72.19 	organizations and programs, to provide 
72.20 	policy and grant making guidance on 
72.21 	expenditures of funds from this paragraph. 
72.22 	This membership shall include, but is 
72.23 	not limited to, members representing the 
72.24 	interests of historic preservation, local 
72.25 	history, archaeology, archival programs, and 
72.26 	other cultural programs related to the history 
72.27 	of Minnesota. This committee shall seek 
72.28 	input from all interested parties, and shall 
72.29 	make recommendations for expenditures 
72.30 	from these funds to the executive council 
72.31 	of the Minnesota Historical Society; all 
72.32 	expenditures must meet the requirements of 
72.33 	Minnesota Statutes, section 138.01.
72.34 	(c) Programs. $3,000,000 in 2010 and 
72.35 	$4,750,000 in 2011 are for programs and 
73.1 	purposes related to the historical and cultural 
73.2 	heritage of the state of Minnesota, conducted 
73.3 	by the Minnesota Historical Society.
73.4 	(d) History Partnerships. $1,250,000 
73.5 	in 2010 and $2,750,000 in 2011 are 
73.6 	for partnerships between and with the 
73.7 	Minnesota Historical Society and partnering 
73.8 	organizations to enhance access to 
73.9 	Minnesota's history and cultural heritage in 
73.10 	all regions of the state.
73.11 	(e) $2,500,000 in 2010 is appropriated to the 
73.12 	Minnesota Historical Society for an exhibit 
73.13 	on the regional, local, and cultural diversity 
73.14 	of Minnesota's history and cultural heritage. 
73.15 	These funds are available until expended. 
73.16 	These funds are for the creation of both 
73.17 	traveling exhibits to be made available to 
73.18 	local historical and cultural organizations 
73.19 	and an exhibit to be housed at the Minnesota 
73.20 	History Center. The Minnesota Historical 
73.21 	Society shall raise funds from private sources 
73.22 	to augment this appropriation, with a goal 
73.23 	of $1,500,000 in private funds to be raised. 
73.24 	This is not a match requirement, but the 
73.25 	Minnesota Historical Society shall certify 
73.26 	that a good faith effort has been made.
73.27 	(f) Statewide Survey of Historical and 
73.28 	Archaeological Sites. $250,000 in 2010 and 
73.29 	$250,000 in 2011 are appropriated to the 
73.30 	Minnesota Historical Society for a contract 
73.31 	or contracts to be let on a competitive 
73.32 	basis to conduct a general statewide 
73.33 	survey of Minnesota's sites of historical, 
73.34 	archaeological, and cultural significance. 
73.35 	Results of this survey must be published in 
74.1 	a searchable form, available to the public on 
74.2 	a cost-free basis. The Minnesota Historical 
74.3 	Society, the Office of the State Archaeologist, 
74.4 	and the Board of Indian Affairs shall each 
74.5 	appoint a representative to an oversight 
74.6 	board, to select a contractor and direct 
74.7 	the conduct of this survey. The oversight 
74.8 	board shall consult with the Minnesota 
74.9 	Departments of Transportation and Natural 
74.10 	Resources. Funds appropriated for this 
74.11 	purpose do not cancel and may be carried 
74.12 	over from one year to the next.
74.13 	(g) Digital Library. $500,000 in 2010 is 
74.14 	appropriated for a digital library project 
74.15 	to preserve, digitize, and share Minnesota 
74.16 	images, documents, and historic materials. 
74.17 	The Minnesota Historical Society shall 
74.18 	cooperate with the MINITEX system and 
74.19 	shall jointly share this appropriation for these 
74.20 	purposes.

74.21	Subd. 5.Department of Administration
 		6,500,000
		7,900,000
	
74.22 	(a) Funds in this subdivision are appropriated 
74.23 	to the commissioner of the Department 
74.24 	of Administration for grants to the named 
74.25 	organizations for the purposes specified 
74.26 	in this subdivision. Up to one percent of 
74.27 	funds may be used by the Department of 
74.28 	Administration for grants administration. 
74.29 	Grants made to public television or radio 
74.30 	organizations are subject to Minnesota 
74.31 	Statutes, sections 129D.18 and 129D.19.
74.32 	(b) Grant agreements entered into by 
74.33 	the commissioner and recipients of 
74.34 	appropriations in this subdivision must 
74.35 	ensure that money appropriated in this 
75.1 	subdivision is used to supplement and 
75.2 	not substitute for traditional sources of 
75.3 	funding. No more than 2.5 percent of any 
75.4 	grant may be used by the recipient for 
75.5 	administration. A cultural grants advisory 
75.6 	board may be established by the Department 
75.7 	of Administration to provide advice and 
75.8 	assistance in the making of grants under this 
75.9 	subdivision. The board, if appointed, shall 
75.10 	consist of seven members, to be appointed 
75.11 	by the commissioner. One member shall 
75.12 	represent public radio and television, one 
75.13 	shall represent Minnesota zoos, one shall 
75.14 	represent the Minnesota Center for the 
75.15 	Humanities, and the remaining four shall be 
75.16 	appointed by the commissioner to represent a 
75.17 	diverse set of cultural interests. All recipients 
75.18 	of funds under this subdivision shall report 
75.19 	to the legislature by January 15 of each year 
75.20 	on uses of those funds.
75.21 	(c) Public Television. $2,800,000 the first 
75.22 	year and $3,500,000 the second year are 
75.23 	appropriated for a grant to the Minnesota 
75.24 	Public Television Association for production 
75.25 	and acquisition grants in accordance with 
75.26 	new Minnesota Statutes, section 129D.18.
75.27 	(d) Minnesota Public Radio. $1,150,000 
75.28 	the first year and $1,500,000 the second year 
75.29 	are appropriated for a grant to Minnesota 
75.30 	Public Radio to create new programming 
75.31 	and events, expand regional news service, 
75.32 	amplify Minnesota culture to a regional 
75.33 	and national audience, and document 
75.34 	Minnesota's history through the Minnesota 
75.35 	Audio Archives.
76.1 	(e) Association of Minnesota Public 
76.2 	Educational Radio Stations. $1,150,000 
76.3 	the first year and $1,500,000 the second 
76.4 	year are appropriated for a grant to the 
76.5 	Association of Minnesota Public Radio 
76.6 	Stations for production and acquisition grants 
76.7 	in accordance with new Minnesota Statutes, 
76.8 	section 129D.19.
76.9 	(f) Zoos. $450,000 in 2010 and $450,000 in 
76.10 	2011 are appropriated for the programmatic 
76.11 	development of Minnesota's zoos. 
76.12 	Three-quarters of this fund in any year 
76.13 	shall be reserved in equal portions each for 
76.14 	the Minnesota Zoo, the Como Zoo, and 
76.15 	the Lake Superior Zoo. The remainder 
76.16 	may be apportioned through a competitive 
76.17 	grants process or may be allocated by the 
76.18 	commissioner to zoos that are accredited by 
76.19 	the Association of Zoos and Aquariums or 
76.20 	that demonstrate to the commissioner a plan 
76.21 	for working toward that accreditation during 
76.22 	the biennium ending June 30, 2011.
76.23 	(g) Minnesota State Capitol. The 
76.24 	Department of Administration, the Capitol 
76.25 	Area Architecture and Planning Board, 
76.26 	and the Minnesota Historical Society shall 
76.27 	consider and report to the legislature on 
76.28 	possible uses of funds created under the 
76.29 	Minnesota Constitution, article XI, section 
76.30 	15, for the restoration, renovation, and repair 
76.31 	of the State Capitol.

76.32	(h) Minnesota Children's Museum
					
76.33 	$250,000 in 2010 and $250,000 in 2011 are 
76.34 	appropriated for the Minnesota Children's 
76.35 	Museum. These amounts are for arts, arts 
77.1 	education, and arts access and to preserve 
77.2 	Minnesota's history and cultural heritage. 
77.3 	The director shall submit an annual report 
77.4 	on the expenditure and use of money 
77.5 	appropriated under this paragraph to the 
77.6 	legislature as provided in Minnesota Statutes, 
77.7 	section 3.195. The first year report must be 
77.8 	submitted by March 1, 2010. In subsequent 
77.9 	years the report shall be submitted by 
77.10 	January 15. Notwithstanding Minnesota 
77.11 	Statutes, section 16A.28, the appropriations 
77.12 	encumbered on or before June 30, 2011, 
77.13 	as grants or contracts in this paragraph are 
77.14 	available until June 30, 2013.
77.15 	(i) Duluth Children's Museum
77.16 	$250,000 in 2010 and $250,000 in 2011 
77.17 	are appropriated for the Duluth Children's 
77.18 	Museum. These amounts are for arts, arts 
77.19 	education, and arts access and to preserve 
77.20 	Minnesota's history and cultural heritage. 
77.21 	The director shall submit an annual report 
77.22 	on the expenditure and use of money 
77.23 	appropriated under this paragraph to the 
77.24 	legislature as provided in Minnesota Statutes, 
77.25 	section 3.195. The first year report must be 
77.26 	submitted by March 1, 2010. In subsequent 
77.27 	years the report shall be submitted by 
77.28 	January 15. Notwithstanding Minnesota 
77.29 	Statutes, section 16A.28, the appropriations 
77.30 	encumbered on or before June 30, 2011, 
77.31 	as grants or contracts in this paragraph are 
77.32 	available until June 30, 2013.
77.33 	(j) Science Museum of Minnesota
77.34 	$450,000 in 2010 and $450,000 in 2011 
77.35 	are appropriated for the Science Museum 
78.1 	of Minnesota. These amounts are for 
78.2 	arts, arts education, and arts access and to 
78.3 	preserve Minnesota's history and cultural 
78.4 	heritage. The director shall submit an annual 
78.5 	report on the expenditure and use of money 
78.6 	appropriated under this paragraph to the 
78.7 	legislature as provided in Minnesota Statutes, 
78.8 	section 3.195. The first year report must be 
78.9 	submitted by March 1, 2010. In subsequent 
78.10 	years the report shall be submitted by 
78.11 	January 15. Notwithstanding Minnesota 
78.12 	Statutes, section 16A.28, the appropriations 
78.13 	encumbered on or before June 30, 2011, 
78.14 	as grants or contracts in this paragraph are 
78.15 	available until June 30, 2013.

78.16	Subd. 6.Minnesota Center for the Humanities
 		1,050,000
		1,050,000
	
78.17 	(a) $300,000 in 2010 and $300,000 in 2011 
78.18 	are appropriated to the Minnesota Center 
78.19 	for the Humanities for its programs and 
78.20 	purposes.
78.21 	The Minnesota Center for the Humanities 
78.22 	may consider museums and organizations 
78.23 	celebrating the ethnic identities of 
78.24 	Minnesotans for grants from these funds. 
78.25 	The Minnesota Center for the Humanities 
78.26 	may develop a written plan for the 
78.27 	competitive issuance of these grants, and, 
78.28 	if developed, shall submit that plan for 
78.29 	review and approval by the Department of 
78.30 	Administration.
78.31 	(b) Councils of Color. $125,000 in 2010 
78.32 	and $125,000 in 2011 are for programs 
78.33 	and cooperation between the Minnesota 
78.34 	Center for the Humanities and the Council 
78.35 	on Asian-Pacific Minnesotans. $125,000 in 
79.1 	2010 and $125,000 in 2011 are for programs 
79.2 	and cooperation between the Minnesota 
79.3 	Center for the Humanities and the Council 
79.4 	on Black Minnesotans. $125,000 in 2010 
79.5 	and $125,000 in 2011 are for programs and 
79.6 	cooperation between the Minnesota Center 
79.7 	for the Humanities and the Indian Affairs 
79.8 	Council. $125,000 in 2010 and $125,000 
79.9 	in 2011 are for programs and cooperation 
79.10 	between the Minnesota Center for the 
79.11 	Humanities and the Council on Affairs of 
79.12 	Chicano/Latino people. These programs 
79.13 	are for community events and programs to 
79.14 	celebrate and preserve the artistic, historical, 
79.15 	and cultural heritage of these peoples.
79.16 	(c) Civics Education. $250,000 in 2010 
79.17 	and $250,000 in 2011 are appropriated to 
79.18 	the Minnesota Center for the Humanities for 
79.19 	grants to Kids Voting Minnesota, Learning 
79.20 	Law and Democracy Foundation, and 
79.21 	YMCA Youth in Government to conduct 
79.22 	civics education programs for the civic and 
79.23 	cultural development of Minnesota youth.

79.24	Subd. 7.Legislature
 		20,000
			
79.25 	This appropriation is for the Legislative 
79.26 	Coordinating Commission to operate a Web 
79.27 	site for dedicated funds.

79.28	Subd. 8.Perpich Center For Arts Education
 		300,000
		700,000
	
79.29 	(a) These amounts are for arts, arts education, 
79.30 	and arts access and to preserve Minnesota's 
79.31 	history and cultural heritage.
79.32 	(b) The director shall submit an annual 
79.33 	report on the expenditure and use of money 
79.34 	appropriated under this section to the 
79.35 	legislature as provided in Minnesota Statutes, 
80.1 	section 3.195. The first year report must be 
80.2 	submitted by March 1, 2010. In subsequent 
80.3 	years the report shall be submitted by January 
80.4 	15.
80.5 	(c) Notwithstanding Minnesota Statutes, 
80.6 	section 16A.28, the appropriations 
80.7 	encumbered on or before June 30, 2011, 
80.8 	as grants or contracts in this section are 
80.9 	available until June 30, 2013.

80.10 	Sec. 3. INDIAN LANGUAGE PRESERVATION.
 80.11 	(a) $150,000 is appropriated in fiscal year 2010 from the arts and cultural heritage 
80.12 	fund to the Indian Affairs Council for the working group on Dakota and Ojibwe Language 
80.13 	Revitalization and Preservation created under article 4, section 5. Any balance in fiscal 
80.14 	year 2010 is available in fiscal year 2011.
80.15 	(b) $550,000 in 2010 and $700,000 in 2011 are appropriated to the Indian Affairs 
80.16 	Council to issue grants for programs to preserve Dakota and Ojibwe Indian languages and 
80.17 	to foster educational programs in Dakota and Ojibwe languages.

80.18 	Sec. 4. APPROPRIATIONS.
 80.19 		Subdivision 1.Director. The sums indicated in this section are appropriated from the 
80.20 	arts and cultural heritage fund to the Indian Affairs Council for the fiscal years designated.
80.21 		Subd. 2.Dakota and Ojibwe immersion programs. For a grant to the Niigaane 
80.22 	Ojibwe Immersion School and the Wicoie Nandagikendan Urban Immersion Project:

80.23		$
	250,000
	.....
	2010
	
80.24		$
	250,000
	.....
	2011
	
80.25 	Of this amount, $125,000 each year is available for Niigaane Ojibwe Immersion School 
80.26 	and $125,000 each year is available for Wicoie Nandagikendan Urban Immersion Project 
80.27 	to: 
80.28 	(1) develop and expand K-12 curriculum; 
80.29 	(2) provide fluent speakers in the classroom; 
80.30 	(3) develop appropriate testing and evaluation procedures; and 
80.31 	(4) develop community-based training and engagement.

81.1 	Sec. 5. Minnesota Statutes 2008, section 129D.17, is amended to read:
81.2 	129D.17 ARTS AND CULTURAL HERITAGE FUND.
81.3 		Subdivision 1.Establishment. The arts and cultural heritage fund is established in 
81.4 	the Minnesota Constitution, article XI, section 15. All money earned by the fund must 
81.5 	be credited to the fund.
81.6 		Subd. 2.Expenditures; accountability. (a) Funding from the arts and cultural 
81.7 	heritage fund may be spent only for arts, arts education, and arts access, and to preserve 
81.8 	Minnesota's history and cultural heritage. A project or program receiving funding from 
81.9 	the arts and cultural heritage fund must include measurable outcomes, and a plan for 
81.10 	measuring and evaluating the results. A project or program must be consistent with 
81.11 	current scholarship, or best practices, when appropriate and incorporate state-of-the-art 
81.12 	technology when appropriate.
81.13 	(b) Funding from the arts and cultural heritage fund may be granted for an entire 
81.14 	project or for part of a project so long as the recipient provides a description and cost for 
81.15 	the entire project and can demonstrate that it has adequate resources to ensure that the 
81.16 	entire project will be completed. 
81.17 	(c) Money from the arts and cultural heritage fund shall be expended for benefits 
81.18 	across all regions and residents of the state.
81.19 	(d) All information for funded projects, including the proposed measurable 
81.20 	outcomes, must be made available on the Legislative Coordinating Commission Web 
81.21 	site, as soon as practicable. Information on the measured outcomes and evaluation must 
81.22 	be posted as soon as it becomes available.
81.23 	(e) Grants funded by the arts and cultural heritage fund must be implemented 
81.24 	according to section 16B.98 and must account for all expenditures of funds. Priority for 
81.25 	grant proposals must be given to proposals involving grants that will be competitively 
81.26 	awarded.
81.27 	(f) A recipient of money from the arts and cultural heritage fund must display a sign 
81.28 	on capital projects during construction and an acknowledgment in a printed program or 
81.29 	other material funded with money from the arts and cultural heritage fund that identifies it 
81.30 	as a project funded with money from the vote of the people of Minnesota on November 
81.31 	4, 2008.
81.32 	(g) All money from the arts and cultural heritage fund must be for projects located 
81.33 	in Minnesota.
81.34 		Subd. 3.Special review. For a project receiving an appropriation or appropriations 
81.35 	from the arts and cultural heritage fund totaling $10,000,000 or more in a biennium, the 
82.1 	attorney general must review and approve all contracts and real estate transactions and 
82.2 	must exercise due diligence in the best interests of the state.

82.3 	Sec. 6. [129D.18] PUBLIC TELEVISION CULTURAL AND HERITAGE 
82.4 	PRODUCTION AND ACQUISITION GRANTS.
82.5 		Subdivision 1.Use of grant funds. Money appropriated from the Minnesota arts 
82.6 	and cultural heritage fund may be designated to make grants to public stations, as defined 
82.7 	in section 129D.12, subdivision 2. Grants received under this section must be used to 
82.8 	create, produce, acquire, or distribute programs that educate, enhance, or promote local, 
82.9 	regional, or statewide items of artistic, cultural, or historic significance. Grant funds may 
82.10 	be used to cover any expenses associated with the creation, production, acquisition, or 
82.11 	distribution of public television programs through broadcast or online, including the 
82.12 	creation and distribution of educational materials.
82.13 		Subd. 2.Administration. Money appropriated under this section must be used by 
82.14 	the commissioner of administration to make grants based upon the recommendations of 
82.15 	the Minnesota Public Television Association.
82.16 		Subd. 3.Conditions. (a) A public station receiving funds appropriated under this 
82.17 	section must:
82.18 	(1) make programs produced with these funds available for broadcast to all other 
82.19 	public stations eligible to receive grants under this section;
82.20 	(2) offer free public performance rights for public educational institutions;
82.21 	(3) archive programs produced with these funds and make the programs available 
82.22 	for future use through encore broadcast or other distribution, including online; and
82.23 	(4) ensure that underwriting credit is given to the Minnesota arts and cultural 
82.24 	heritage fund.
82.25 	(b) Programs produced in partnership with other mission-centered nonprofit 
82.26 	organizations may be used by the partnering organization for their own educational or 
82.27 	promotional purposes.
82.28 		Subd. 4.Reporting. A public station receiving funds appropriated under this 
82.29 	section must report annually by January 15 to the commissioner and the chairs and ranking 
82.30 	minority members of the senate and house of representatives committees and divisions 
82.31 	having jurisdiction over arts and cultural heritage policy and finance regarding how the 
82.32 	previous year's grant funds were expended. This report must contain specific information 
82.33 	for each program produced and broadcast, including the cost of production, the number 
82.34 	of stations broadcasting the program, estimated viewership, the number of Web site 
83.1 	downloads, and other related measures. If the programs produced include educational 
83.2 	material, the public station must report on these efforts.

83.3 	Sec. 7. [129D.19] ASSOCIATION OF MINNESOTA PUBLIC EDUCATIONAL 
83.4 	RADIO STATIONS CULTURAL AND HERITAGE PRODUCTION AND 
83.5 	ACQUISITION GRANTS.
83.6 		Subdivision 1.Applicability. This section applies only to noncommercial radio 
83.7 	stations that are members of the Association of Minnesota Public Educational Radio 
83.8 	Stations.
83.9 		Subd. 2.Use of grant funds. Money appropriated from the Minnesota arts and 
83.10 	cultural heritage fund may be designated to make grants to noncommercial radio stations, 
83.11 	as defined in section 129D.14, subdivision 2. Grants received under this section must be 
83.12 	used to create, produce, acquire, or distribute programs that educate, enhance, or promote 
83.13 	local, regional, or statewide items of artistic, cultural, or historic significance. Grant funds 
83.14 	may be used to cover any expenses associated with the creation, production, acquisition, 
83.15 	or distribution of noncommercial radio programs through broadcast.
83.16 		Subd. 3.Administration. Money appropriated under this section must be used by 
83.17 	the commissioner of administration to make grants based upon the recommendations of 
83.18 	the Association of Minnesota Public Educational Radio Stations.
83.19 		Subd. 4.Conditions. (a) A noncommercial radio station receiving funds 
83.20 	appropriated under this section must:
83.21 	(1) make programs produced with these funds available for broadcast to all other 
83.22 	noncommercial radio stations eligible to receive grants under this section;
83.23 	(2) offer free public performance rights for public educational institutions;
83.24 	(3) archive programs produced with these funds and make the programs available 
83.25 	for future use through encore broadcast or other distribution, including online; and
83.26 	(4) ensure that underwriting credit is given to the Minnesota arts and cultural 
83.27 	heritage fund.
83.28 	(b) Programs produced in partnership with other mission-centered nonprofit 
83.29 	organizations may be used by the partnering organization for their own educational or 
83.30 	promotional purposes.
83.31 		Subd. 5.Reporting. A noncommercial radio station receiving funds appropriated 
83.32 	under this section must report annually by January 15 to the commissioner and the chairs 
83.33 	and ranking minority members of the senate and house of representatives committees and 
83.34 	divisions having jurisdiction over arts and cultural heritage policy and finance regarding 
83.35 	how the previous year's grant funds were expended. This report must contain specific 
84.1 	information for each program produced and broadcast, including the cost of production, 
84.2 	the number of stations broadcasting the program, estimated number of listeners, and 
84.3 	other related measures. If the programs produced include educational material, the 
84.4 	noncommercial radio station must report on these efforts.

84.5 	Sec. 8. ARTS AND CULTURAL HERITAGE FRAMEWORK.
 84.6 	Programs and organizations funded through the arts and cultural heritage fund shall 
84.7 	conduct a collaborative project to develop a ten-year plan and a 25-year framework for 
84.8 	the use of the money available in the arts and cultural heritage fund under the Minnesota 
84.9 	Constitution, article XI, section 15, and other traditional sources of funding. The 
84.10 	collaborative project shall consist of a joint effort between representatives nominated by 
84.11 	various listed organizations as follows: an arts education organization serving youth, an 
84.12 	arts education organization serving adults, a civics education organization, the Minnesota 
84.13 	Historical Society, local and regional historical organizations, Minnesota Board of the 
84.14 	Arts, selected Minnesota zoos, children's museums, and libraries, Minnesota public 
84.15 	television and radio, the Minnesota Center for the Humanities, and the Science Museum 
84.16 	of Minnesota. The organizations shall ensure that public hearings are conducted by those 
84.17 	creating plans and frameworks under this section. The members shall prepare a ten-year 
84.18 	plan and a 25-year framework for use of the funding that includes goals and measurable 
84.19 	outcomes and includes a vision for Minnesotans of what arts, history, and cultural heritage 
84.20 	will look like in 25 years. The Minnesota Historical Society, the Minnesota Board of 
84.21 	the Arts, and the Minnesota Center for the Humanities shall report to the legislature by 
84.22 	January 15, 2010, on the results of the collaborative project.

84.23 	Sec. 9. VOLUNTEER WORKING GROUP ON DAKOTA AND OJIBWE 
84.24 	LANGUAGE REVITALIZATION AND PRESERVATION.
 84.25 		Subdivision 1.Establishment. A volunteer working group is established to develop 
84.26 	a unified strategy to revitalize and preserve indigenous languages of the 11 federally 
84.27 	recognized American Indian tribes in Minnesota. As the federal government recognized 
84.28 	through passage of the Esther Martinez Native American Languages Preservation Act 
84.29 	of 2006, the revitalization and preservation of American Indian languages is of vital 
84.30 	importance to preserving the American Indian culture. There have been recent efforts in 
84.31 	Minnesota to develop programs to teach the Dakota and Ojibwe languages to students 
84.32 	and to create fluent speakers at both the kindergarten through grade 12 level and at the 
84.33 	postsecondary level. The volunteer working group shall, among other duties, inventory 
85.1 	these efforts and make recommendations regarding how to further revitalize and preserve 
85.2 	Dakota and Ojibwe languages. 
85.3 		Subd. 2.Membership. The executive director of the Minnesota Indian Affairs 
85.4 	Council shall invite each of the 11 federally recognized tribes under Minnesota Statutes, 
85.5 	section 3.922, subdivision 1, clause (1), to participate by appointing one member of each 
85.6 	tribe to the working group. Three additional members shall be appointed by the Indian 
85.7 	Affairs Council. Two of these members must represent the American Indian population 
85.8 	in the Minneapolis-St. Paul area and one member must represent the American Indian 
85.9 	population in Duluth. Other working group members may include, at their discretion, the 
85.10 	commissioner of education or the commissioner's appointee, the director of the Office of 
85.11 	Higher Education or the director's appointee, one member of the Board of Teaching, and 
85.12 	the director of the Minnesota Historical Society or the director's appointee. The working 
85.13 	group may add other members as deemed appropriate by a majority vote of the existing 
85.14 	members. The executive director of the Indian Affairs Council must convene the first 
85.15 	meeting no later than September 1, 2009. At the first meeting, the members shall elect 
85.16 	from amongst themselves a chair and vice chair of the working group.
85.17 		Subd. 3.Duties. The working group must develop strategies for the 11 federally 
85.18 	recognized American Indian tribes and the state to work together to revitalize and preserve 
85.19 	the Dakota and Ojibwe languages in Minnesota. The duties of the working group include, 
85.20 	but are not limited to:
85.21 	(1) creating an inventory of existing programs designed to preserve Dakota and 
85.22 	Ojibwe languages in the state, including postsecondary programs, programs in tribal 
85.23 	schools, and other schools throughout the state;
85.24 	(2) creating an inventory of available resources for Dakota and Ojibwe language 
85.25 	revitalization and immersion programs, including curriculum, educational materials, 
85.26 	and trained teachers;
85.27 	(3) identifying curriculum needs to train teachers to teach the Dakota and Ojibwe 
85.28 	languages in immersion programs and barriers to training teachers to teach the Dakota and 
85.29 	Ojibwe language;
85.30 	(4) identifying classroom curriculum needs for teaching students in Dakota and 
85.31 	Ojibwe languages;
85.32 	(5) determining how the identified curriculum needs should be met;
85.33 	(6) determining if there is a need for a central repository of resources, and if there 
85.34 	is a need, where the repository should be located, how it should be structured, and who 
85.35 	should have responsibility for maintaining the repository; 
86.1 	(7) determining what technical assistance the state could offer to further Dakota 
86.2 	and Ojibwe language immersion programs;
86.3 	(8) identifying private, state, and national financial resources available to further 
86.4 	Dakota and Ojibwe language revitalization and preservation efforts;
86.5 	(9) identifying current state and federal law, rules, regulations, and policy that 
86.6 	should be repealed, modified, or waived, in order to further Dakota and Ojibwe language 
86.7 	immersion programs; and 
86.8 	(10) assessing the level of interest in the community for Dakota and Ojibwe 
86.9 	language immersion programs.
86.10 		Subd. 4.Expenses. Members of the group are not eligible for compensation but 
86.11 	may receive reimbursement for their expenses as provided in Minnesota Statutes, section 
86.12 	15.059, subdivision 3.
86.13 		Subd. 5.Report. The working group must report its findings and recommendations, 
86.14 	including draft legislation, if necessary, to the Indian Affairs Council and the chairs and 
86.15 	ranking minority members of the legislative committees and divisions with jurisdiction 
86.16 	over early childhood through grade 12 education and higher education by February 15, 
86.17 	2011. The committee expires on February 16, 2011.

86.18 	ARTICLE 5
86.19 	GOVERNANCE; GENERAL PROVISIONS

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

86.24 	Sec. 2. Minnesota Statutes 2008, section 3.303, is amended by adding a subdivision to 
86.25 	read:
86.26 		Subd. 10.Constitutionally dedicated funding accountability. (a) The Legislative 
86.27 	Coordinating Commission shall develop and maintain a user-friendly, public-oriented 
86.28 	Web site that informs, educates, and demonstrates to the public how the constitutionally 
86.29 	dedicated funds in the arts and cultural heritage fund, outdoor heritage fund, clean water 
86.30 	fund, parks and trails fund, and environment and natural resources trust fund are being 
86.31 	expended to meet the requirements established for each fund in the state constitution. 
86.32 	Information provided on the Web site must include, but is not limited to:
86.33 	(1) information on all project proposals received by the Outdoor Heritage Council 
86.34 	and the Legislative-Citizen Commission on Minnesota Resources;
87.1 	(2) information on all projects receiving funding, including proposed measurable 
87.2 	outcomes and the plan for measuring and evaluating the results;
87.3 	(3) measured outcomes and evaluation of projects as required under sections 85.53, 
87.4 	subdivision 2; 97A.056, subdivision 9; 114D.50, subdivision 2; and 129D.17, subdivision 
87.5 	2;
87.6 	(4) education about the areas and issues the projects address, including, when 
87.7 	feasible, maps of where projects have been undertaken;
87.8 	(5) all frameworks developed for future uses of each fund; and
87.9 	(6) methods by which members of the public may apply for project funds under 
87.10 	any of the constitutionally dedicated funds.
87.11 	(b) All information for proposed and funded projects, including the proposed 
87.12 	measurable outcomes, must be made available on the Web site as soon as practicable. 
87.13 	Information on the measured outcomes and evaluation must be posted as soon as it 
87.14 	becomes available. The costs of these activities shall be paid out of the arts and cultural 
87.15 	heritage fund, outdoor heritage fund, clean water fund, parks and trails fund, and the 
87.16 	environment and natural resources trust fund proportionately. For purposes of this section, 
87.17 	"measurable outcomes" means outcomes, indicators, or other performance measures that 
87.18 	may be quantified or otherwise measured in order to measure the effectiveness of a project 
87.19 	or program in meeting its intended goal or purpose.
87.20 	(c) The Legislative Coordinating Commission shall be responsible for receiving all 
87.21 	ten-year plans and 25-year frameworks for each of the constitutionally dedicated funds. To 
87.22 	the extent practicable, staff for the commission shall provide assistance and oversight to 
87.23 	these planning efforts and shall coordinate public access to hearings and public meetings 
87.24 	for all planning efforts.

87.25 	Sec. 3. Minnesota Statutes 2008, section 84.02, is amended by adding a subdivision to 
87.26 	read:
87.27 		Subd. 4a.Enhance. "Enhance" means to improve in value, quality, and desirability 
87.28 	in order to increase the ecological value of the land or water.

87.29 	Sec. 4. Minnesota Statutes 2008, section 84.02, is amended by adding a subdivision to 
87.30 	read:
87.31 		Subd. 6a.Protect. "Protect" means protect or preserve ecological systems to 
87.32 	maintain active and healthy ecosystems and prevent future degradation including, but not 
87.33 	limited to, purchase in fee or easement.

88.1 	Sec. 5. Minnesota Statutes 2008, section 84.02, is amended by adding a subdivision to 
88.2 	read:
88.3 		Subd. 6b.Restore. "Restore" means renewing degraded, damaged, or destroyed 
88.4 	ecosystems through active human intervention to achieve high-quality ecosystems.

88.5 	Sec. 6. Minnesota Statutes 2008, section 85.53, is amended to read:
88.6 	85.53 PARKS AND TRAILS FUND.
88.7 		Subdivision 1.Establishment. The parks and trails fund is established in the 
88.8 	Minnesota Constitution, article XI, section 15. All money earned by the parks and trails 
88.9 	fund must be credited to the fund. 
88.10 		Subd. 2.Expenditures; accountability. (a) A project or program receiving funding 
88.11 	from the parks and trails fund must meet or exceed the constitutional requirement to 
88.12 	support parks and trails of regional or statewide significance. A project or program 
88.13 	receiving funding from the parks and trails fund must include measurable outcomes, as 
88.14 	defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the 
88.15 	results. A project or program must be consistent with current science and incorporate 
88.16 	state-of-the-art technology, except when the project or program is a portrayal or restoration 
88.17 	of historical significance.
88.18 	(b) Money from the parks and trails fund shall be expended to balance the benefits 
88.19 	across all regions and residents of the state. 
88.20 	(c) All information for funded projects, including the proposed measurable 
88.21 	outcomes, must be made available on the Web site required under section 3.303, 
88.22 	subdivision 10, as soon as practicable. Information on the measured outcomes and 
88.23 	evaluation must be posted as soon as it becomes available.
88.24 	(d) Grants funded by the parks and trails fund must be implemented according to 
88.25 	section 16B.98 and must account for all expenditures. Proposals must specify a process 
88.26 	for any regranting envisioned. Priority for grant proposals must be given to proposals 
88.27 	involving grants that will be competitively awarded.
88.28 	(e) A recipient of money from the parks and trails fund must display a sign on lands 
88.29 	and capital improvements purchased, restored, or protected with money from the parks 
88.30 	and trails fund that includes the logo developed by the commissioner of natural resources 
88.31 	to identify it as a project funded with money from the vote of the people of Minnesota on 
88.32 	November 4, 2008.
88.33 	(f) Money from the parks and trails fund may only be spent on projects located 
88.34 	in Minnesota.
89.1 		Subd. 3.Metropolitan area distribution formula. Money appropriated from the 
89.2 	parks and trails fund to the Metropolitan Council shall be distributed to implementing 
89.3 	agencies, as defined in section 473.351, subdivision 1, paragraph (a), as grants according 
89.4 	to the following formula:
89.5 	(1) 45 percent of the money must be disbursed according to the allocation formula in 
89.6 	section 473.351, subdivision 3, to each implementing agency;
89.7 	(2) 31.5 percent of the money must be distributed based on each implementing 
89.8 	agency's relative share of the most recent estimate of the population of the metropolitan 
89.9 	area;
89.10 	(3) 13.5 percent of the money must be distributed based on each implementing 
89.11 	agency's relative share of nonlocal visits based on the most recent user visitation survey 
89.12 	conducted by the Metropolitan Council; and
89.13 	(4) ten percent of the money must be distributed as grants to implementing agencies 
89.14 	for land acquisition within Metropolitan Council approved regional parks and trails master 
89.15 	plan boundaries under the council's park acquisition opportunity grant program. The 
89.16 	Metropolitan Council must provide a match of $2 of the council's park bonds for every $3 
89.17 	of state funds for the park acquisition opportunity grant program.
89.18 		Subd. 4.Data availability. Data collected by the projects funded with money from 
89.19 	the parks and trails fund that have value for planning and management of natural resources, 
89.20 	emergency preparedness, and infrastructure investments must conform to the enterprise 
89.21 	information architecture developed by the Office of Enterprise Technology. Spatial data 
89.22 	must conform to geographic information system guidelines and standards outlined in that 
89.23 	architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land 
89.24 	Management Information Center. A description of these data that adheres to the Office 
89.25 	of Enterprise Technology geographic metadata standards must be submitted to the Land 
89.26 	Management Information Center to be made available online through the clearinghouse 
89.27 	and the data must be accessible and free to the public unless made private under chapter 
89.28 	13. To the extent practicable, summary data and results of projects and programs funded 
89.29 	with money from the parks and trails fund should be readily accessible on the Internet and 
89.30 	identified as a parks and trails fund project.

89.31 	Sec. 7. Minnesota Statutes 2008, section 114D.50, is amended to read:
89.32 	114D.50 CLEAN WATER FUND.
89.33 		Subdivision 1.Establishment. The clean water fund is established in the Minnesota 
89.34 	Constitution, article XI, section 15. All money earned by the fund must be credited to 
89.35 	the fund.
90.1 		Subd. 2.Sustainable drinking water account. The sustainable drinking water 
90.2 	account is established as an account in the clean water fund.
90.3 		Subd. 3.Purpose. (a) The clean water fund may be spent only to protect, enhance, 
90.4 	and restore water quality in lakes, rivers, and streams, to protect groundwater from 
90.5 	degradation, and to protect drinking water sources by:
90.6 	(1) providing grants, loans, and technical assistance to public agencies and others 
90.7 	testing waters, identifying impaired waters, developing total maximum daily loads, 
90.8 	implementing restoration plans for impaired waters, and evaluating the effectiveness 
90.9 	of restoration;
90.10 	(2) supporting measures to prevent surface waters from becoming impaired and to 
90.11 	improve the quality of waters that are listed as impaired, but do not have an approved total 
90.12 	maximum daily load addressing the impairment;
90.13 	(3) providing grants and loans for wastewater and storm water treatment projects 
90.14 	through the Public Facilities Authority;
90.15 	(4) supporting measures to prevent the degradation of groundwater in accordance 
90.16 	with the groundwater degradation prevention goal under section 103H.001; and
90.17 	(5) providing funds to state agencies to carry out their responsibilities, including 
90.18 	enhanced compliance and enforcement.
90.19 	(b) Funds from the clean water fund must supplement traditional sources of funding 
90.20 	for these purposes and may not be used as a substitute.
90.21 		Subd. 4.Expenditures; accountability. (a) A project receiving funding from the 
90.22 	clean water fund must meet or exceed the constitutional requirements to protect, enhance, 
90.23 	and restore water quality in lakes, rivers, and streams and to protect groundwater and 
90.24 	drinking water from degradation. Priority may be given to projects that meet more than 
90.25 	one of these requirements. A project receiving funding from the clean water fund shall 
90.26 	include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for 
90.27 	measuring and evaluating the results. A project must be consistent with current science 
90.28 	and incorporate state-of-the-art technology.
90.29 	(b) Money from the clean water fund shall be expended to balance the benefits 
90.30 	across all regions and residents of the state.
90.31 	(c) All information for proposed and funded projects, including the proposed 
90.32 	measurable outcomes, must be made available on the Web site required under section 
90.33 	3.303, subdivision 10, as soon as practicable. Information on the measured outcomes and 
90.34 	evaluation must be posted as it becomes available. Information classified as not public 
90.35 	under section 13D.05, subdivision 3, paragraph (d), is not required to be placed on the 
90.36 	Web site.
91.1 	(d) Grants funded by the clean water fund must be implemented according to section 
91.2 	16B.98 and must account for all expenditures. Proposals must specify a process for any 
91.3 	regranting envisioned. Priority for grant proposals must be given to proposals involving 
91.4 	grants that will be competitively awarded.
91.5 	(e) Money from the clean water fund may only be spent on projects that benefit 
91.6 	Minnesota waters.
91.7 		Subd. 5.Data availability. Data collected by the projects funded with money from 
91.8 	the clean water fund that have value for planning and management of natural resources, 
91.9 	emergency preparedness, and infrastructure investments must conform to the enterprise 
91.10 	information architecture developed by the Office of Enterprise Technology. Spatial data 
91.11 	must conform to geographic information system guidelines and standards outlined in that 
91.12 	architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land 
91.13 	Management Information Center. A description of these data that adheres to the Office 
91.14 	of Enterprise Technology geographic metadata standards must be submitted to the Land 
91.15 	Management Information Center to be made available online through the clearinghouse 
91.16 	and the data must be accessible and free to the public unless made private under chapter 
91.17 	13. To the extent practicable, summary data and results of projects funded with money 
91.18 	from the clean water fund should be readily accessible on the Internet and identified as a 
91.19 	clean water fund project.

91.20 	Sec. 8. LEGISLATIVE GUIDE.
 91.21 	A legislative guide shall be recommended stating principles for the use and expected 
91.22 	outcomes of all funds from dedicated sales taxes pursuant to the Minnesota Constitution, 
91.23 	article XI, section 15. The guide shall include principles for managing future state 
91.24 	obligations, including payment in lieu of taxes and land management and monitoring 
91.25 	necessary for lands acquired in fee or easement. This guide shall be recommended jointly 
91.26 	by the Cultural and Outdoor Resources Division of the house of representatives, the 
91.27 	appropriate senate committees as designated by the majority leader of the senate, and 
91.28 	the Lessard Outdoor Heritage Council. The recommendations must be presented to the 
91.29 	legislature by January 15, 2010, and acted on by the legislature.
91.30 	The legislative guide required by this section shall be for the years 2010 to 2015 
91.31 	and shall include the following provisions:
91.32 	(1) principles by which to guide future expenditures for each fund;
91.33 	(2) desired outcomes for the expenditures;
91.34 	(3) a general statement applicable to later years for these funds; and
92.1 	(4) consideration of financial methods such as revolving loan funds that may be used 
92.2 	in future appropriations.

92.3	Sec. 9. 25-YEAR STRATEGIC PLAN.
 					
92.4 	By January 15, 2011, the legislative committees, divisions, or councils responsible 
92.5 	for recommending expenditures to the full legislature from the outdoor heritage fund, the 
92.6 	clean water fund, the parks and trails fund, and the arts and cultural heritage fund must 
92.7 	develop, with broad public input, and adopt a 25-year strategic plan for the expenditures 
92.8 	that will be recommended from the funds. The plan must include applicable outcomes 
92.9 	for restoring, protecting, and enhancing wetlands, prairies, forests, habitat for fish and 
92.10 	game, lakes, rivers, streams, groundwater, arts, arts education, arts access, preservation of 
92.11 	Minnesota's history and cultural heritage, and supporting parks and trails. The strategic 
92.12 	plan shall be updated on a regular basis, but no longer than every five years. The Web site 
92.13 	established under section 2 must include a link to the plans developed under this section. 
92.14 	The plan for restoring, protecting, and enhancing wetlands, prairies, forests, habitat for 
92.15 	fish and game must be based on ecological sections and subsections established by the 
92.16 	Department of Natural Resources and be based on current science and achieve benefits 
92.17 	across all ecological sections within the state. The plan for restoring, protecting, and 
92.18 	enhancing lakes, rivers, streams, and groundwater must be based on watersheds and 
92.19 	aquifers, and shall take into account existing plans, be based on current science, and 
92.20 	achieve benefits across all ecological sections within the state. Any recommendations for 
92.21 	appropriations may be prioritized based on science and urgency.

92.22 	Sec. 10. LOGO.
 92.23 	The Minnesota Board of the Arts shall sponsor a contest for selecting the design 
92.24 	of a logo to use on signage for projects receiving money from the outdoor heritage 
92.25 	fund, clean water fund, parks and trails fund, and the arts and cultural heritage fund. A 
92.26 	recipient of funds from the outdoor heritage fund, parks and trails fund, clean water fund, 
92.27 	or arts and cultural heritage fund shall display, where practicable, a sign with the logo 
92.28 	developed under this section on construction projects and at access points to any land or 
92.29 	water resources acquired in fee or an interest in less than fee title, or that were restored, 
92.30 	protected, or enhanced, and incorporate the logo, where practicable, into printed and other 
92.31 	materials funded with money from one or more of the funds.