1.1A bill for an act1.2relating to state government; appropriating money from dedicated funds for 1.3natural resource and arts and cultural heritage purposes; modifying administration 1.4of the Lessard Outdoor Heritage Council; modifying provisions relating to the 1.5Mississippi River Critical Area; providing for the allocation of certain funding 1.6for metropolitan area parks and trails; creating a regional park and trail grant 1.7program; providing funding for a statewide 25-year park and trail framework; 1.8providing for a legacy Web site, signs, and a 25-year strategic plan; establishing 1.9a Dakota and Ojibwe language revitalization and preservation volunteer 1.10working group;amending Minnesota Statutes 2008, sections 85.53; 97A.056, 1.11subdivisions 2, 7; 116G.15; proposing coding for new law in Minnesota Statutes, 1.12chapters 85; 129D; proposing coding for new law as Minnesota Statutes, chapter 1.13129E; repealing Minnesota Statutes 2008, section 129D.17.1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.15ARTICLE 11.16OUTDOOR HERITAGE FUND

1.17Section 1.OUTDOOR HERITAGE APPROPRIATION.

1.18The sums shown in the columns marked "Appropriations" are appropriated to the 1.19agencies and for the purposes specified in this article. The appropriations are from the 1.20outdoor heritage fund and are available for the fiscal years indicated for each purpose. The 1.21figures "2010" and "2011" used in this article mean that the appropriations listed under 1.22them are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. 1.23"The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" 1.24is fiscal years 2010 and 2011. The appropriations in this article are onetime.

1.25APPROPRIATIONS1.26Available for the Year1.27Ending June 301.2820102011

2.1Sec. 2.OUTDOOR HERITAGE

2.2Subdivision 1.Total Appropriation$69,522,000$16,000,000

2.3This appropriation is from the outdoor 2.4heritage fund.2.5The amounts that may be spent for each 2.6purpose are specified in the following 2.7subdivisions.

2.8Subd. 2.Prairies14,213,000-0-

2.92.10(a) Accelerated Prairie and Grassland Management

2.11$1,700,000 in fiscal year 2010 is to the 2.12commissioner of natural resources to 2.13accelerate the restoration and enhancement 2.14of native prairie vegetation on public 2.15lands, including roadsides. A list of 2.16proposed projects, describing the types and 2.17locations of restorations and enhancements, 2.18must be provided as part of the required 2.19accomplishment plan.

2.20(b) Green Corridor Legacy Program

2.21$1,617,000 in fiscal year 2010 is to the 2.22commissioner of natural resources for an 2.23agreement with the Southwest Initiative 2.24Foundation to acquire land in Redwood 2.25County to be added to the state outdoor 2.26recreation system. A list of proposed fee 2.27title acquisitions must be provided as part 2.28of the required accomplishment plan. The 2.29commissioner of natural resources must 2.30agree to each proposed acquisition. No more 2.31than five percent of this appropriation may 2.32be spent on professional services directly 2.33related to this appropriation's purposes.

3.13.2(c) Prairie Heritage Fund – Acquisition and Restoration

3.3$3,000,000 in fiscal year 2010 is to the 3.4commissioner of natural resources for an 3.5agreement with Pheasants Forever to acquire 3.6and restore land to be added to the state 3.7wildlife management area system. A list 3.8of proposed fee title acquisitions and a list 3.9of proposed restoration projects, describing 3.10the types and locations of restorations, 3.11must be provided as part of the required 3.12accomplishment plan. The commissioner 3.13of natural resources must agree to each 3.14proposed acquisition.

3.153.16(d) Accelerated Prairie Grassland Wildlife Management Area Acquisition

3.17$3,913,000 in fiscal year 2010 is to the 3.18commissioner of natural resources to 3.19acquire land for wildlife management areas 3.20with native prairie or grassland habitats. 3.21A list of proposed fee title acquisitions 3.22must be provided as part of the required 3.23accomplishment plan.

3.243.25(e) Northern Tall Grass Prairie National Wildlife Refuge Protection

3.26$1,583,000 in fiscal year 2010 is to the 3.27commissioner of natural resources for an 3.28agreement with the United States Fish 3.29and Wildlife Service to acquire land or 3.30permanent easements within the Northern 3.31Tall Grass Prairie Habitat Preservation Area 3.32in western Minnesota. The commissioner 3.33may advance funds to the United States Fish 3.34and Wildlife Service. A list of proposed fee 3.35title and permanent easement acquisitions 4.1must be provided as part of the required 4.2accomplishment plan.

4.3(f) Bluffland Prairie Protection Initiative

4.4$500,000 in fiscal year 2010 is to the 4.5commissioner of natural resources for an 4.6agreement with the Minnesota Land Trust 4.7to acquire permanent easements protecting 4.8critical prairie and grassland habitats in the 4.9blufflands in southeastern Minnesota. A list 4.10of proposed fee title and permanent easement 4.11acquisitions must be provided as part of the 4.12required accomplishment plan.

4.13(g) Rum River – Cedar Creek Initiative

4.14$1,900,000 in fiscal year 2010 is to the 4.15commissioner of natural resources for an 4.16agreement with Anoka County to acquire 4.17land at the confluence of the Rum River and 4.18Cedar Creek in Anoka County. Acquired 4.19land must remain open to hunting and 4.20fishing, consistent with the capacity of the 4.21land, during the open season, as determined 4.22by the commissioner of natural resources. 4.23This is the first of two planned appropriations 4.24for this acquisition.

4.25Subd. 3.Forests20,000,00016,000,000

4.26$20,000,000 in fiscal year 2010 and 4.27$16,000,000 in fiscal year 2011 are to the 4.28commissioner of natural resources to acquire 4.29land or permanent working forest easements 4.30on private forests in areas identified through 4.31the Minnesota forests for the future program 4.32under Minnesota Statutes, section 84.66. 4.33Priority must be given to acquiring land 4.34or interests in private lands within existing 5.1Minnesota state forest boundaries. Any 5.2easements acquired must have a forest 5.3management plan as defined in Minnesota 5.4Statutes, section 290C.02, subdivision 7. 5.5A list of proposed fee title and easement 5.6acquisitions must be provided as part of the 5.7required accomplishment plan. The fiscal 5.8year 2011 appropriation is available only for 5.9acquisitions that, by August 15, 2009, are:5.10(1) subject to a binding agreement with the 5.11commissioner; and5.12(2) matched by at least $9,000,000 in private 5.13donations.

5.14Subd. 4.Wetlands20,536,000-0-

5.155.16(a) Accelerated Wildlife Management Area Acquisition

5.17$2,900,000 in fiscal year 2010 is to the 5.18commissioner of natural resources to 5.19acquire land for wildlife management areas. 5.20A list of proposed fee title acquisitions 5.21must be provided as part of the required 5.22accomplishment plan.

5.235.24(b) Accelerated Shallow Lake Restorations and Enhancements

5.25$2,528,000 in fiscal year 2010 is to the 5.26commissioner of natural resources for an 5.27agreement with Ducks Unlimited, Inc. to 5.28restore and enhance shallow lake habitats. 5.29Up to $400,000 of this appropriation may 5.30be used for permanent easements related to 5.31shallow lake restorations and enhancements. 5.32A list of proposed easements and projects, 5.33describing the types and locations of 5.34easements, restorations, and enhancements, 5.35must be provided as part of the required 6.1accomplishment plan. The commissioner 6.2of natural resources must agree to each 6.3easement, restoration, and enhancement.

6.46.5(c) Accelerate the Waterfowl Production Area Program in Minnesota

6.6$5,600,000 in fiscal year 2010 is to the 6.7commissioner of natural resources for 6.8an agreement with Pheasants Forever to 6.9acquire and restore wetland and related 6.10upland habitats, in cooperation with the 6.11United States Fish and Wildlife Service 6.12and Ducks Unlimited, Inc., to be managed 6.13as waterfowl production areas. A list of 6.14proposed acquisitions and a list of proposed 6.15projects, describing the types and locations 6.16of restorations, must be provided as part of 6.17the required accomplishment plan.

6.186.19(d) Reinvest in Minnesota Wetlands Reserve Program Acquisition and Restoration

6.20$9,058,000 in fiscal year 2010 is to the Board 6.21of Water and Soil Resources to acquire 6.22permanent easements and restore wetlands 6.23and associated uplands in cooperation with 6.24the United States Department of Agriculture 6.25Wetlands Reserve Program. A list of 6.26proposed acquisitions and a list of proposed 6.27projects, describing the types and locations 6.28of restorations, must be provided as part of 6.29the required accomplishment plan.

6.30(e) Shallow Lake Critical Shoreland

6.31$450,000 in fiscal year 2010 is to the 6.32commissioner of natural resources for an 6.33agreement with Ducks Unlimited, Inc. to 6.34protect habitat by acquiring land associated 6.35with shallow lakes. A list of proposed 7.1acquisitions must be provided as part of 7.2the required accomplishment plan. The 7.3commissioner of natural resources must 7.4agree to each proposed acquisition.

7.5Subd. 5.Fish, Game, and Wildlife Habitat13,903,000-0-

7.67.7(a) Outdoor Heritage Conservation Partners Grant Program

7.8$4,000,000 in fiscal year 2010 is to the 7.9commissioner of natural resources for 7.10an agreement with the National Fish and 7.11Wildlife Foundation to provide competitive, 7.12matching grants of up to $400,000 to local, 7.13regional, state, and national organizations, 7.14including government, for enhancement, 7.15restoration, or protection of forests, wetlands, 7.16prairies, and habitat for fish, game, or 7.17wildlife in Minnesota. The funds may be 7.18advanced in three equal sums, on or after 7.19November 1, 2009, February 1, 2010, and 7.20April 1, 2010. Grantees may protect land 7.21through acquisition of land or interests in 7.22land. Easements must be permanent. Land 7.23acquired in fee must be open to hunting 7.24and fishing during the open season unless 7.25otherwise provided by state law. The 7.26commissioner of natural resources must 7.27agree to each proposed acquisition of land or 7.28interest in land. The program shall require 7.29a match of at least $1 nonstate funds to $10 7.30state funds. Nonstate dollars match may be 7.31in-kind. The criteria for evaluating grant 7.32applications must include amount of habitat 7.33restored, enhanced, or protected; local 7.34support; degree of collaboration; urgency; 7.35multiple benefits; habitat benefits provided; 7.36consistency with sound conservation science; 8.1adjacency to protected lands; full funding of 8.2the project; supplementing existing funding; 8.3public access for hunting and fishing during 8.4the open season; sustainability; and use 8.5of native plant materials. All projects 8.6must conform to the Minnesota statewide 8.7conservation and preservation plan. Wildlife 8.8habitat projects must also conform to the 8.9state wildlife action plan. All restoration 8.10or enhancement projects must be on land 8.11permanently protected by conservation 8.12easement or public ownership. No more 8.13than four of the members of the Lessard 8.14Outdoor Heritage Council may be selected 8.15to sit on any advising panel developed by 8.16the National Fish and Wildlife Foundation. 8.17The program must be open for application 8.18year-round and grants must be evaluated and 8.19granted at least every three months. Up to 8.20six percent of this appropriation is available 8.21for grant program management expenses, 8.22including indirect expenses related to this 8.23grant program, of the National Fish and 8.24Wildlife Foundation. The National Fish 8.25and Wildlife Foundation's administration 8.26and management must be consistent with 8.27Minnesota Statutes, sections 16B.97 and 8.2816B.98, and policies adopted thereunder by 8.29the Department of Administration, Office of 8.30Grants Management. Subdivision 10 applies 8.31to grants awarded under this paragraph. This 8.32appropriation is available until June 30, 8.332013, at which time all grant projects must 8.34be completed and final products delivered, 8.35unless an earlier date is specified in the grant 8.36agreement. No less than 15 percent of the 9.1amount of each grant must be held back from 9.2reimbursement until the grant recipient has 9.3completed a grant accomplishment report in 9.4the form prescribed by and satisfactory to the 9.5Lessard Outdoor Heritage Council.

9.6(b) Aquatic Management Area Acquisition

9.7$5,748,000 in fiscal year 2010 is to the 9.8commissioner of natural resources to acquire 9.9land in fee title and easement to be added to 9.10the state aquatic management area system. 9.11Acquired land must remain open to hunting 9.12and fishing, consistent with the capacity 9.13of the land, during the open season, as 9.14determined by the commissioner of natural 9.15resources. A list of proposed fee title and 9.16easement acquisitions must be provided as 9.17part of the required accomplishment plan.

9.189.19(c) Cold Water River and Stream Restoration, Protection, and Enhancement

9.20$2,050,000 in fiscal year 2010 is to the 9.21commissioner of natural resources for 9.22an agreement with Trout Unlimited to 9.23restore, enhance, and protect cold water 9.24river and stream habitats in Minnesota. A 9.25list of proposed acquisitions and a list of 9.26proposed projects, describing the types and 9.27locations of restorations and enhancements, 9.28must be provided as part of the required 9.29accomplishment plan. The commissioner 9.30of natural resources must agree to each 9.31proposed acquisition, restoration, and 9.32enhancement.

9.33(d) Dakota County Habitat Protection

9.34$1,000,000 in fiscal year 2010 is to the 9.35commissioner of natural resources for 10.1an agreement with Dakota County for 10.2acquisition of permanent easements. A list 10.3of proposed acquisitions must be provided as 10.4part of the required accomplishment plan.

10.510.6(e) Lake Rebecca Water Quality Improvement Project

10.7$450,000 in fiscal year 2010 is to the 10.8commissioner of natural resources for an 10.9agreement with the Three Rivers Park 10.10District to improve the water quality in Lake 10.11Rebecca in Lake Rebecca Park Reserve 10.12in Hennepin County. A description of the 10.13activities to enhance fish habitat in Lake 10.14Rebecca must be provided as part of the 10.15required accomplishment plan.

10.16(f) Fountain Lake Fish Barriers

10.17$655,000 in fiscal year 2010 is to the 10.18commissioner of natural resources for 10.19an agreement with the Shell Rock River 10.20Watershed District to construct fish barriers 10.21at three locations on Fountain Lake. Land 10.22acquisition necessary for fish barrier 10.23construction is permitted. A list of proposed 10.24projects, describing the types and locations 10.25of barriers, must be provided as part of 10.26the required accomplishment plan. The 10.27commissioner of natural resources must 10.28agree to each proposed barrier.

10.29Subd. 6.Administration and Other870,000-0-

10.30(a) Contract Management

10.31$175,000 in fiscal year 2010 is to the 10.32commissioner of natural resources for 10.33contract management, in fiscal years 2010 10.34and 2011, for duties assigned in this section.

11.1(b) Legislative Coordinating Commission

11.2$695,000 in fiscal year 2010 is to the 11.3Legislative Coordinating Commission for 11.4administrative expenses of the Lessard 11.5Outdoor Heritage Council and for 11.6compensation and expense reimbursement 11.7of council members. Up to $100,000 may 11.8be transferred to the game and fish fund as 11.9reimbursement for advances to the Lessard 11.10Outdoor Heritage Council made in fiscal 11.11year 2009.

11.1211.13(c) Lessard Outdoor Heritage Council Site Visit Exception

11.14Travel to and from site visits by council 11.15members paid for under paragraph (b) are 11.16not meetings of the council for the purpose 11.17of receiving information under Minnesota 11.18Statutes, section 97A.056, subdivision 5.

11.19Subd. 7.Availability of Appropriation

11.20Unless otherwise provided, the amounts in 11.21this section are available until June 30, 2011, 11.22when projects must be completed and final 11.23accomplishments reported. For acquisition 11.24of an interest in real property, the amounts in 11.25this section are available until June 30, 2012. 11.26If a project receives federal funds, the time 11.27period of the appropriation is extended to 11.28equal the availability of federal funding.

11.29Subd. 8.Cash Advances

11.30When the operations of the outdoor heritage 11.31fund would be impeded by projected cash 11.32deficiencies resulting from delays in the 11.33receipt of dedicated income, and when the 11.34deficiencies would be corrected within fiscal 12.1year 2010, the commissioner of finance may 12.2use fund-level cash reserves to meet cash 12.3demands of the outdoor heritage fund. If 12.4funds are transferred from the general fund to 12.5meet cash flow needs, the cash flow transfers 12.6must be returned to the general fund as soon 12.7as sufficient cash balances are available 12.8in the outdoor heritage fund. Any interest 12.9earned on general fund cash flow transfers 12.10accrues to the general fund and not to the 12.11outdoor heritage fund.

12.12Subd. 9.Accomplishment Plans

12.13It is a condition of acceptance of the 12.14appropriations made by this section that the 12.15agency or entity using the appropriation shall 12.16submit to the council an accomplishment 12.17plan and periodic accomplishment reports in 12.18the form determined by the Lessard Outdoor 12.19Heritage Council. The accomplishment plan 12.20must account for the use of the appropriation 12.21and outcomes of the expenditure in measures 12.22of wetlands, prairies, forests, and fish, game, 12.23and wildlife habitat restored, protected, and 12.24enhanced. The plan must include evaluation 12.25of results. None of the money provided 12.26in this section may be expended unless 12.27the council has approved the pertinent 12.28accomplishment plan.

12.29Subd. 10.Project Requirements

12.30(a) As a condition of accepting an 12.31appropriation in this section, any agency or 12.32entity receiving an appropriation must, for 12.33any project funded in whole or in part with 12.34funds from the appropriation:13.1(1) plant vegetation or sow seed only of 13.2native ecotypes to Minnesota and preferably 13.3of the local ecotype using a high diversity 13.4of species grown as close to the restoration 13.5site as possible, if the planting of vegetation 13.6or sowing of seed is a component of the 13.7accomplishment plan;13.8(2) provide that all easements:13.9(i) are permanent;13.10(ii) specify the parties to an easement in the 13.11easement;13.12(iii) specify all of the provisions of an 13.13agreement that are permanent;13.14(iv) are sent to the office of the Lessard 13.15Outdoor Heritage Council; and13.16(v) include a long-term stewardship plan and 13.17funding for monitoring and enforcing the 13.18easement agreement;13.19(3) for all restorations, prepare an ecological 13.20restoration and management plan that, to 13.21the degree practicable, is consistent with the 13.22highest quality conservation and ecological 13.23goals for the restoration site. Consideration 13.24should be given to soil, geology, topography, 13.25and other relevant factors that would provide 13.26the best chance for long-term success of the 13.27restoration projects. The plan shall include 13.28the proposed timetable for implementing 13.29the restoration, including, but not limited 13.30to, site preparation, establishment of 13.31diverse plant species, maintenance, and 13.32additional enhancement to establish the 13.33restoration; identify long-term maintenance 13.34and management needs of the restoration 14.1and how the maintenance, management, and 14.2enhancement will be financed; and use the 14.3best available science to achieve the best 14.4restoration;14.5(4) for new lands acquired, prepare a 14.6restoration and management plan in 14.7compliance with clause (3), including 14.8identification of sufficient funding for 14.9implementation;14.10(5) to ensure public accountability for the 14.11use of public funds, provide to the Lessard 14.12Outdoor Heritage Council documentation 14.13of the selection process used to identify 14.14parcels acquired and provide documentation 14.15of all related transaction costs, including 14.16but not limited to appraisals, legal fees, 14.17recording fees, commissions, other similar 14.18costs, and donations. This information must 14.19be provided for all parties involved in the 14.20transaction. The recipient shall also report to 14.21the Lessard Outdoor Heritage Council any 14.22difference between the acquisition amount 14.23paid to the seller and the state-certified or 14.24state-reviewed appraisal. Acquisition data 14.25such as appraisals may remain private during 14.26negotiations but must ultimately be made 14.27public according to Minnesota Statutes, 14.28chapter 13;14.29(6) provide that all restoration and 14.30enhancement projects are on land 14.31permanently protected by conservation 14.32easement or public ownership; and14.33(7) give consideration to contracting with the 14.34Minnesota Conservation Corps for contract 14.35restoration and enhancement services.15.1(b) The Lessard Outdoor Heritage Council 15.2may waive the application of paragraph (a), 15.3clause (5), for specific projects.

15.415.5Subd. 11.Payment Conditions and Capital Equipment Expenditures

15.6All agreements, grants, or contracts referred 15.7to in this section must be administered on 15.8a reimbursement basis unless otherwise 15.9provided in this section. Payments for 15.10reimbursement may not be made before 15.11November 1, 2009. Notwithstanding 15.12Minnesota Statutes, section 16A.41, 15.13expenditures directly related to each 15.14appropriation's purpose made on or after July 15.151, 2009, are eligible for reimbursement unless 15.16otherwise provided in this section. Periodic 15.17payment must be made upon receiving 15.18documentation that the deliverable items 15.19articulated in the approved accomplishment 15.20plan have been achieved, including partial 15.21achievements as evidenced by approved 15.22progress reports. Reasonable amounts may 15.23be advanced to projects to accommodate 15.24cash flow needs or to match federal share. 15.25The advances must be approved as part of 15.26the accomplishment plan. Capital equipment 15.27expenditures in excess of $10,000 must be 15.28approved as part of the accomplishment plan.

15.2915.30Subd. 12.Purchase of Recycled and Recyclable Materials

15.31A political subdivision, public or private 15.32corporation, or other entity that receives an 15.33appropriation in this section must use the 15.34appropriation in compliance with Minnesota 15.35Statutes, sections 16B.121, regarding 15.36purchase of recycled, repairable, and durable 16.1materials, and 16B.122, regarding purchase 16.2and use of paper stock and printing.

16.3Subd. 13.Accessibility

16.4Structural and nonstructural facilities must 16.5meet the design standards in the Americans 16.6with Disabilities Act (ADA) accessibility 16.7guidelines.

16.8Subd. 14.Land Acquisition Restrictions

16.9(a) An interest in real property, including but 16.10not limited to an easement or fee title, that 16.11is acquired with money appropriated under 16.12this section must be used in perpetuity or for 16.13the specific term of an easement interest for 16.14the purpose for which the appropriation was 16.15made.16.16(b) A recipient of funding who acquires 16.17an interest in real property subject to this 16.18subdivision may not alter the intended use of 16.19the interest in real property or convey any 16.20interest in the real property acquired with the 16.21appropriation without the prior review and 16.22approval of the Lessard Outdoor Heritage 16.23Council or its successor. The council shall 16.24establish procedures to review requests from 16.25recipients to alter the use of or convey an 16.26interest in real property. These procedures 16.27shall allow for the replacement of the interest 16.28in real property with another interest in real 16.29property meeting the following criteria:16.30(1) the interest is at least equal in fair market 16.31value, as certified by the commissioner 16.32of natural resources, to the interest being 16.33replaced; and17.1(2) the interest is in a reasonably equivalent 17.2location and has a reasonably equivalent 17.3useful conservation purpose compared to the 17.4interest being replaced.17.5(c) A recipient of funding who acquires an 17.6interest in real property under paragraph 17.7(a) must separately record a notice of 17.8funding restrictions in the appropriate local 17.9government office where the conveyance 17.10of the interest in real property is filed. The 17.11notice of funding agreement must contain:17.12(1) a legal description of the interest in real 17.13property covered by the funding agreement;17.14(2) a reference to the underlying funding 17.15agreement;17.16(3) a reference to this section; and17.17(4) the following statement: "This interest 17.18in real property shall be administered in 17.19accordance with the terms, conditions, and 17.20purposes of the grant agreement controlling 17.21the acquisition of the property. The interest 17.22in real property, or any portion of the interest 17.23in real property, shall not be sold, transferred, 17.24pledged, or otherwise disposed of or further 17.25encumbered without obtaining the prior 17.26written approval of the Lessard Outdoor 17.27Heritage Council or its successor. If the 17.28holder of the interest in real property fails to 17.29comply with the terms and conditions of the 17.30grant agreement or work program, ownership 17.31of the interest in real property shall transfer 17.32to the state."

17.33Subd. 15.Real Property Interest Report

18.1By December 1 each year, a recipient of 18.2money appropriated under this section that 18.3is used for the acquisition of an interest in 18.4real property, including but not limited to an 18.5easement or fee title, must submit annual 18.6reports on the status of the real property to 18.7the Lessard Outdoor Heritage Council or 18.8its successor in a form determined by the 18.9council. The responsibility for reporting 18.10under this section may be transferred by 18.11the recipient of the appropriation to another 18.12person or entity that holds the interest in the 18.13real property. To complete the transfer of 18.14reporting responsibility, the recipient of the 18.15appropriation must:18.16(1) inform the person to whom the 18.17responsibility is transferred of that person's 18.18reporting responsibility;18.19(2) inform the person to whom the 18.20responsibility is transferred of the property 18.21restrictions under subdivision 14; and18.22(3) provide written notice to the council 18.23of the transfer of reporting responsibility, 18.24including contact information for the person 18.25to whom the responsibility is transferred. 18.26Before the transfer, the entity receiving 18.27the transfer of property must certify to the 18.28Lessard Outdoor Heritage Council, or its 18.29successor, acceptance of all obligations and 18.30responsibilities held by the prior owner.18.31After the transfer, the person or entity that 18.32holds the interest in the real property is 18.33responsible for reporting requirements under 18.34this section.19.1    Sec. 3. Minnesota Statutes 2008, section 97A.056, subdivision 2, is amended to read:19.2    Subd. 2. Lessard Outdoor Heritage Council. (a) The Lessard Outdoor Heritage 19.3Council of 12 members is created in the legislative branch, consisting of:19.4    (1) two public members appointed by the senate Subcommittee on Committees of 19.5the Committee on Rules and Administration;19.6    (2) two public members appointed by the speaker of the house;19.7    (3) four public members appointed by the governor;19.8    (4) two members of the senate appointed by the senate Subcommittee on Committees 19.9of the Committee on Rules and Administration; and19.10    (5) two members of the house of representatives appointed by the speaker of the 19.11house.19.12    (b) Members appointed under paragraph (a) must not be registered lobbyists. 19.13In making appointments, the governor, senate Subcommittee on Committees of the 19.14Committee on Rules and Administration, and the speaker of the house shall consider 19.15geographic balance, gender, age, ethnicity, and varying interests including hunting and 19.16fishing. The governor's appointments to the council are subject to the advice and consent 19.17of the senate.19.18    (c) Public members appointed under paragraph (a) shall have practical experience 19.19or expertise or demonstrated knowledge in the science, policy, or practice of restoring, 19.20protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and 19.21wildlife.19.22    (d) Legislative members appointed under paragraph (a) shall include the chairs 19.23of the legislative committees with jurisdiction over environment and natural resources 19.24finance or their designee, one member from the minority party of the senate, and one 19.25member from the minority party of the house of representatives.19.26    (e) Members serve four-year terms and shall be initially appointed according to 19.27the following schedule of terms:19.28    (1) two public members appointed by the governor for a term ending the first 19.29Monday in January 2011;19.30    (2) one public member appointed by the senate Subcommittee on Committees of the 19.31Committee on Rules and Administration for a term ending the first Monday in January 19.322011;19.33    (3) one public member appointed by the speaker of the house for a term ending 19.34the first Monday in January 2011;19.35    (4) two public members appointed by the governor for a term ending the first 19.36Monday in January 2013;20.1    (5) one public member appointed by the senate Subcommittee on Committees of the 20.2Committee on Rules and Administration for a term ending the first Monday in January 20.32013; 20.4    (6) one public member appointed by the speaker of the house for a term ending the 20.5first Monday in January 2013; and20.6    (7) two members of the senate appointed by the senate Subcommittee on Committees 20.7of the Committee on Rules and Administration for a term ending the first Monday in 20.8January 2013, and two members of the house of representatives appointed by the speaker 20.9of the house for a term ending the first Monday in January 2013.20.10    (f) Compensation and removal of public members are as provided in section 20.1115.0575
         . A vacancy on the council may be filled by the appointing authority for the 20.12remainder of the unexpired term.20.13    (g) The first meeting of the council shall be convened by the chair of the Legislative 20.14Coordinating Commission no later than December 1, 2008. Members shall elect a chair, 20.15vice-chair, secretary, and other officers as determined by the council. The chair may 20.16convene meetings as necessary to conduct the duties prescribed by this section.20.17    (h) The Department of Natural Resources shall provide administrative support for20.18council may employ staff and contract with consultants as necessary to carry out the 20.19functions of the council. Up to one percent of the money appropriated from the fund may 20.20be used to cover the staffing and related administrative expenses of the department and to 20.21cover the compensation and travel expenses pay for administrative expenses of the council 20.22and for compensation and expense reimbursement of council members.20.23    Sec. 4. Minnesota Statutes 2008, section 97A.056, subdivision 7, is amended to read:20.24    Subd. 7. Legislative oversight. (a) The senate and house of representatives chairs 20.25of the committees with jurisdiction over the environment and natural resources budget 20.26shall convene a joint hearing to review the activities and evaluate the effectiveness of the 20.27council and evaluate the effectiveness and efficiency of the department's administration 20.28and staffing of the council after five years but no later than June 30, 2014.20.29    (b) By January 15, 2013, a professional outside review authority shall be chosen by 20.30the chairs of the house of representatives and senate committees with jurisdiction over 20.31environment and natural resources to evaluate the effectiveness and efficiency of the 20.32department's administration and staffing of the council. A report shall be submitted to 20.33the chairs by January 15, 2014.21.1ARTICLE 221.2CLEAN WATER FUND

21.3Section 1.SUMMARY OF APPROPRIATIONS.

21.4The amounts shown in this section summarize direct appropriations from the clean 21.5water fund, by agency, made in this article.

21.620102011Total21.7Pollution Control Agency$15,325,000$18,600,000$33,925,00021.821.9Department of Natural Resources6,943,0009,142,00016,085,00021.1021.11Board of Water and Soil Resources20,175,000 22,865,000 43,040,00021.12Department of Agriculture3,935,0004,360,0008,295,00021.13Department of Health1,600,0002,150,0003,750,00021.14Metropolitan Council400,000500,000900,00021.15Public Facilities Authority20,272,000 23,678,000 43,950,00021.16University of Minnesota872,000183,0001,055,00021.17Total$69,522,000$81,478,000$151,000,000

21.18Sec. 2.CLEAN WATER FUND APPROPRIATIONS.

21.19The sums shown in the columns marked "Appropriations" are appropriated to the 21.20agencies and for the purposes specified in this article. The appropriations are from the 21.21clean water fund, and are available for the fiscal years indicated for allowable activities 21.22under the Minnesota Constitution, article XI, section 15. The figures "2010" and "2011" 21.23used in this act mean that the appropriation listed under them are available for the fiscal 21.24year ending June 30, 2010, or June 30, 2011, respectively. "The first year" is fiscal year 21.252010. "The second year" is fiscal year 2011. "The biennium" is fiscal years 2010 and 21.262011. The appropriations in this act are onetime.

21.27APPROPRIATIONS21.28Available for the Year21.29Ending June 3021.3020102011

21.3121.32Sec. 3.NONPOINT SOURCE PROTECTION AND PRESERVATION

21.33Subdivision 1.Total Appropriation$24,050,000$27,740,000

21.34The appropriations in this section are to 21.35the agencies specified for the protection, 22.1enhancement, and restoration of lakes, rivers, 22.2and streams.

22.322.4Subd. 2.Nonpoint Source Restoration, Protection, and Preservation1,500,0002,000,000

22.5To the Department of Natural Resources for 22.6nonpoint source restoration and protection 22.7activities. Money appropriated under this 22.8subdivision must be used to acquire aquatic 22.9management areas to address water quality 22.10protection under a total maximum daily load 22.11(TMDL) implementation plan.

22.1222.13Subd. 3.Targeted Nonpoint Source Pollution Reduction9,200,00010,000,000

22.14(a) To the Board of Water and Soil Resources 22.15for targeted nonpoint source pollution 22.16reduction projects to restore water quality in 22.17lakes, rivers, and streams. At least 93 percent 22.18of this amount must be made available for 22.19grants. At least 20 percent of this amount 22.20must be for water quality grants in the Twin 22.21Cities metropolitan area.22.22(b) $400,000 the first year and $600,000 the 22.23second year are to the Anoka Conservation 22.24District for the metropolitan landscape 22.25restoration program for water quality and 22.26improvement projects.22.27(c) The Board of Water and Soil Resources 22.28shall contract for services with the Minnesota 22.29Conservation Corps for restoration, 22.30maintenance, and other activities under this 22.31subdivision for at least $500,000 the first 22.32year and $500,000 the second year.

22.3322.34Subd. 4.Nonpoint Restoration Technical Assistance and Engineering2,500,0003,000,000

23.1To the Board of Water and Soil Resources 23.2for targeted nonpoint restoration technical 23.3assistance and engineering. At least 93 23.4percent of this amount must be made 23.5available for grants.

23.623.7Subd. 5.Subsurface Sewage Treatment System Program1,600,00001,900,000

23.8To the Board of Water and Soil Resources 23.9for grants to implement county subsurface 23.10sewage treatment system (SSTS) programs, 23.11including inventories, enforcement, 23.12development of databases, and systems 23.13to insure SSTS maintenance reporting 23.14program results to the Board of Water and 23.15Soil Resources and the Pollution Control 23.16Agency, and base grants. Grants are 23.17limited to counties with ordinances adopted 23.18pursuant to Minnesota Statutes, section 23.19115.55, subdivision 2, that can demonstrate 23.20enforcement of the ordinances.

23.2123.22Subd. 6.Failing Subsurface Sewage Treatment Systems800,0001,000,000

23.23To the Board of Water and Soil Resources for 23.24grants to address imminent threat and failing 23.25subsurface sewage treatment systems.

23.26Subd. 7.Feedlot Water Quality Grants1,800,0002,200,000

23.27To the Board of Water and Soil Resources 23.28for feedlot water quality grants to upgrade 23.29feedlots in riparian and shoreland areas to 23.30address feedlot-related water quality impacts.

23.3123.32Subd. 8.Local Nonpoint Source Activity Support1,700,0002,300,000

23.33To the Board of Water and Soil Resources 23.34for grants to support local nonpoint source 23.35protection activities that show demonstrated 24.1results on lake, river, and stream protection 24.2and management.

24.324.4Subd. 9.Shoreline Protection and Restoration Grants2,100,0001,900,000

24.5(a) To the Board of Water and Soil Resources 24.6for grants to implement stream bank, 24.7stream channel, lakeshore, and roadside 24.8protection and restoration projects that show 24.9demonstrated results on lake, river, or stream 24.10protection and management.24.11(b) $500,000 the first year is for a grant to 24.12Hennepin County for riparian restoration 24.13and stream bank stabilization in the ten 24.14primary stream systems in Hennepin County 24.15in order to protect, enhance, and help 24.16restore the water quality of the streams and 24.17downstream receiving waters. The county 24.18shall work with watershed districts and water 24.19management organizations to identify and 24.20prioritize projects. To the extent possible, 24.21the county shall employ youth through the 24.22Minnesota Conservation Corps and Tree 24.23Trust to plant trees and shrubs to reduce 24.24erosion and stabilize stream banks. This 24.25appropriation must be matched by nonstate 24.26sources, including in-kind contributions.

24.27Subd. 10.St. Louis River350,000400,000

24.28To the Pollution Control Agency for a 24.29restoration project in the lower St. Louis 24.30River and Duluth Harbor. This appropriation 24.31must be matched by nonstate money at a rate 24.32of $2 for every $1 of state money.

24.33Subd. 11.Mississippi River Critical Area225,000225,000

24.34To the Department of Natural Resources to 24.35develop and adopt rules for the Mississippi 25.1River corridor critical area under Minnesota 25.2Statutes, section 116G.15, in order to achieve 25.3the required outcomes. The commissioner 25.4shall begin rulemaking under Minnesota 25.5Statutes, chapter 14, no later than January 25.615, 2010.

25.725.8Subd. 12.Oversight, Support, and Accountability275,000315,000

25.9(a) To the Board of Water and Soil 25.10Resources for state oversight, support, 25.11and accountability reporting of local 25.12government implementation, including 25.13an annual report prepared jointly by 25.14the board, the commissioner of natural 25.15resources and the commissioner of the 25.16Pollution Control Agency to the legislature 25.17detailing the recipients and projects funded 25.18under this section; the anticipated water 25.19quality benefits of projects funded; the 25.20relationship of restoration projects to 25.21TMDL load allocations; the relationship 25.22of protection projects to monitored water 25.23quality trends; and individual county and 25.24aggregated statewide progress in: (1) 25.25identifying noncompliant SSTS, establishing 25.26maintenance oversight systems, and SSTS 25.27upgrades funded under paragraphs (c) and 25.28(d); and (2) identifying and upgrading 25.29open lot feedlots under 300 animal units in 25.30shoreland.25.31(b) Organizations receiving grants under 25.32this section shall provide information to 25.33the agencies listed in paragraph (a) on the 25.34information required in the report.

25.35Subd. 13.Agriculture BMP Loans2,000,0002,500,000

26.1To the Department of Agriculture for the 26.2agricultural best management practices loan 26.3program under Minnesota Statutes, section 26.417.117. At least 90 percent is available 26.5for pass-through to local governments and 26.6lenders for low-interest loans and is available 26.7until spent. Any unencumbered balance 26.8that is not used for pass-through to local 26.9governments does not cancel at the end of the 26.10first year and is available for the second year.

26.11Subd. 14.Appropriation Conditions

26.12If the appropriations in this section in either 26.13year are insufficient, the appropriation in 26.14the other year is available for it. All of 26.15the money appropriated to the Board of 26.16Water and Soil Resources in this section 26.17as grants to local governments shall be 26.18administered through the Board of Water 26.19and Soil Resources' local water resources 26.20protection and management program under 26.21Minnesota Statutes, section 103B.3369. The 26.22board may shift grant or cost-share funds in 26.23this section and may adjust the technical and 26.24administrative assistance portion of the funds 26.25to leverage federal or other nonstate funds 26.26or to address oversight responsibilities or 26.27high-priority needs identified in local water 26.28management plans.26.29Notwithstanding Minnesota Statutes, section 26.3016A.28, the appropriations encumbered on or 26.31before June 30, 2011, as grants or contracts in 26.32this section are available until June 30, 2013.

26.33Sec. 4.POINT SOURCE PROTECTION

26.34Subdivision 1.Total Appropriation$20,272,000$23,678,000

27.1The appropriations in this section are to 27.2the agencies specified for the protection, 27.3enhancement, and restoration of lakes, rivers, 27.4and streams.

27.5Subd. 2.TMDL Grants10,522,00012,628,000

27.6To the Public Facilities Authority for 27.7total maximum daily loads grants under 27.8Minnesota Statutes, section 446A.073.

27.9Subd. 3.Phosphorus Reduction Grants6,550,0006,850,000

27.10To the Public Facilities Authority for 27.11phosphorus reduction grants under 27.12Minnesota Statutes, section 446A.074.

27.1327.14Subd. 4.Small Community Wastewater Treatment Grants and Loans2,200,0003,200,000

27.15To the Public Facilities Authority for small 27.16community wastewater treatment grants 27.17and loans under Minnesota Statutes, section 27.18446A.075.

27.19Subd. 5.Wastewater Reuse Pilot1,000,0001,000,000

27.20(a) To the Public Facilities Authority for 27.21grants for wastewater reuse pilot projects.27.22(b) $1,000,000 the first year is for grants 27.23to ethanol plants that are within one and 27.24one-half miles of a city for improvements 27.25that reuse greater than 300,000 gallons of 27.26wastewater per day.

27.27Subd. 6.Appropriation Conditions

27.28Appropriations under this section are 27.29available until spent.

27.3027.31Sec. 5.ASSESSMENT, MONITORING, AND TMDL DEVELOPMENT

27.32Subdivision 1.Total Appropriation$17,150,000$25,080,000

28.1The appropriations in this section are to 28.2the agencies specified for the protection, 28.3enhancement, and restoration of lakes, rivers, 28.4and streams.

28.5Subd. 2.Statewide Assessment and Monitoring5,850,0006,950,000

28.6(a) To the Pollution Control Agency for 28.720 percent of the necessary statewide 28.8assessments and monitoring of surface water 28.9quality and trends.28.10(b) $150,000 the first year and $196,000 the 28.11second year are for grants to the Red River 28.12Watershed Management Board to enhance 28.13and expand existing river watch activities in 28.14the Red River of the North. The Red River 28.15Watershed Management Board shall provide 28.16a report that includes formal evaluation 28.17results from the river watch program to the 28.18commissioners of education and the Pollution 28.19Control Agency and to the legislative natural 28.20resources finance and policy committees 28.21and K-12 finance and policy committees by 28.22February 15, 2011.28.23(c) $200,000 the first year and $300,000 the 28.24second year are for coordination with the 28.25state of Wisconsin and the National Park 28.26Service on comprehensive water monitoring 28.27and phosphorus reduction activities in the 28.28Lake St. Croix portion of the St. Croix 28.29River. The Pollution Control Agency 28.30shall work with the St. Croix Basin Water 28.31Resources Planning Team and the St. Croix 28.32River Association in implementing the 28.33water monitoring and phosphorus reduction 28.34activities. This appropriation is available 28.35to the extent matched by nonstate sources. 29.1Money not matched by November 15, 2010, 29.2cancels for this purpose and is available for 29.3the purposes of paragraph (a).

29.429.5Subd. 3.Endocrine Disruptor Monitoring and Analysis175,000200,000

29.6To the Pollution Control Agency for 29.7endocrine disruptor monitoring and analysis. 29.8The agency shall monitor and analyze 29.9endocrine disruptors in surface waters in at 29.10least 20 additional sites. The data must be 29.11placed on the agency's Web site.

29.12Subd. 4.Water Quality Assessments1,240,0001,760,000

29.13To the Department of Natural Resources for 29.14work assisting in water quality assessments 29.15in supporting the identification of impaired 29.16waters.

29.17Subd. 5.Pesticide Monitoring and Assessment535,000170,000

29.18(a) To the commissioner of agriculture for 29.19pesticide monitoring and assessment.29.20(b) $395,000 the first year is for a 29.21demonstration project to monitor agricultural 29.22nonpoint source pollution and implement 29.23best management practices in sub-watersheds 29.24within the Root River Watershed in 29.25southeastern Minnesota. 

29.26Subd. 6.PCA TMDL Development8,250,00010,000,000

29.27(a) To the Pollution Control Agency for total 29.28maximum daily load (TMDL) development 29.29and TMDL implementation plans for waters 29.30listed on the United States Environmental 29.31Protection Agency approved Impaired 29.32Waters List in accordance with Minnesota 29.33Statutes, chapter 114D. The agency shall 30.1complete an average of ten percent of the 30.2TMDLs each year over the biennium.30.3(b) $250,000 the first year is for a pilot project 30.4for the development of total maximum daily 30.5load (TMDL) studies conducted on a 30.6watershed basis within the Buffalo River 30.7watershed in order to protect, enhance, and 30.8restore water quality in lakes, rivers, and 30.9streams. The pilot project shall include all 30.10necessary field work to develop TMDL 30.11studies for all impaired subwatersheds within 30.12the Buffalo River watershed and provide 30.13information necessary to complete reports for 30.14most of the remaining watersheds, including 30.15analysis of water quality data, identification 30.16of sources of water quality degradation 30.17and stressors, load allocation development, 30.18development of reports that provide 30.19protection plans for subwatersheds that meet 30.20water quality standards, and development of 30.21reports that provide information necessary to 30.22complete TMDL studies for subwatersheds 30.23that do not meet water quality standards, but 30.24are not listed as impaired.

30.25Subd. 7.DNR TMDL Development900,0001,200,000

30.26To the Department of Natural Resources 30.27for TMDL development and TMDL 30.28implementation plans for waters listed on 30.29the United States Environmental Protection 30.30Agency approved Impaired Waters List in 30.31accordance with Minnesota Statutes, chapter 30.32114D.

30.33Subd. 8.MDA TMDL Technical Assistance200,000300,000

31.1To the Department of Agriculture for 31.2technical assistance in developing TMDL 31.3plans.

31.4Subd. 9.Appropriation Conditions

31.5Notwithstanding Minnesota Statutes, section 31.616A.28, the appropriations encumbered on or 31.7before June 30, 2011, as grants or contracts in 31.8this section are available until June 30, 2013.

31.931.10Sec. 6.GROUNDWATER AND DRINKING WATER PROTECTION

31.11Subdivision 1.Total Appropriation$3,200,000$4,430,000

31.12The appropriations in this section are to 31.13the agencies specified for the protection of 31.14groundwater and drinking water sources.

31.15Subd. 2.PCA Assessment and Protection600,000900,000

31.16To the Pollution Control Agency for 31.17groundwater assessment and drinking water 31.18protection.

31.19Subd. 3.DNR Assessment and Protection300,000440,000

31.20To the Department of Natural Resources for 31.21groundwater assessment and drinking water 31.22protection activities.

31.23Subd. 4.Contaminant Assessment600,000735,000

31.24To the Department of Health for additional 31.25assessment of drinking water contaminants.

31.2631.27Subd. 5.Source Water Protection and Preservation1,000,0001,415,000

31.28To the Department of Health for additional 31.29source water protection activities.

31.3031.31Subd. 6.Metropolitan Master Plan Implementation400,000500,000

31.32To the Metropolitan Council for 31.33implementation of the master water 32.1supply plan developed under Minnesota 32.2Statutes, section 473.1565.

32.3Subd. 7.MDA Assessment and Protection300,000440,000

32.4To the Department of Agriculture for 32.5groundwater assessment and drinking water 32.6protection activities.

32.7Subd. 8.Appropriation Conditions

32.8Notwithstanding Minnesota Statutes, section 32.916A.28, the appropriations encumbered on or 32.10before June 30, 2011, as grants or contracts in 32.11this section are available until June 30, 2013.

32.1232.13Sec. 7.EDUCATION AND PUBLIC ENGAGEMENT

32.14Subdivision 1.Total Appropriation$300,000$400,000

32.15The appropriations in this section are to the 32.16agencies specified for education and public 32.17engagement on the protection, restoration, 32.18and enhancement of waters of the state.

32.19Subd. 2.Nonpoint Civic Engagement200,000250,000

32.20(a) To the Board of Water and Soil Resources 32.21for grants for civic engagement and education 32.22in water restoration and protection activities 32.23for nonpoint sources. The board shall give 32.24consideration to civic engagement proposals 32.25from basin or sub-basin organizations, 32.26including the Mississippi Headwaters Board, 32.27the Minnesota River Joint Powers Board, 32.28Area II Minnesota River Basin Projects, and 32.29the Red River Basin Commission. The board 32.30shall develop a plan for expenditures under 32.31this paragraph. By November 15, 2009, the 32.32plan shall be submitted to the house and 32.33senate chairs and ranking minority members 32.34of the environmental finance divisions.33.1(b) $100,000 the first year and $100,000 the 33.2second year are for grants to the Star Lake 33.3Board established under Minnesota Statutes, 33.4section 103B.702. The appropriation is a 33.5pilot program to focus on engaging citizen 33.6participation and fostering local partnerships 33.7by increasing citizen involvement in water 33.8quality enhancement by designating star 33.9lakes and rivers. The board shall include 33.10information on the results of this pilot 33.11program in its next biennial report under 33.12Minnesota Statutes, section 103B.702. The 33.13second year grants are available only if 33.14the Board of Water and Soil Resources 33.15determines that the money granted in the first 33.16year furthered the water quality goals in the 33.17star lakes program in Minnesota Statutes, 33.18section 103B.701.

33.1933.20Subd. 3.TMDL Development Civic Engagement100,000150,000

33.21To the Pollution Control Agency for civic 33.22engagement in TMDL development. The 33.23agency shall develop a plan for expenditures 33.24under this paragraph. The agency shall give 33.25consideration to civic engagement proposals 33.26from basin or sub-basin organizations, 33.27including the Mississippi Headwaters Board, 33.28the Minnesota River Joint Powers Board, 33.29Area II Minnesota River Basin Projects, 33.30and the Red River Basin Commission. 33.31By November 15, 2009, the plan shall be 33.32submitted to the house and senate chairs 33.33and ranking minority members of the 33.34environmental finance divisions.

33.35Subd. 4.Appropriation Conditions

34.1Notwithstanding Minnesota Statutes, section 34.216A.28, the appropriations encumbered on or 34.3before June 30, 2011, as grants or contracts in 34.4this section are available until June 30, 2013.

34.534.6Sec. 8.RESEARCH AND TOOL DEVELOPMENT

34.7Subdivision 1. Total Appropriation$4,550,000$4,650,000

34.8The appropriations in this section are 34.9to the agencies specified for research 34.10and tool development for the protection, 34.11enhancement, and restoration of waters of 34.12the state. 

34.1334.14Subd. 2.Agricultural Practice Research, Evaluations, and Effectiveness900,000950,000

34.15(a) To the Department of Agriculture for 34.16research, evaluation, and effectiveness 34.17monitoring of agricultural practices and 34.18load allocations and assisting in TMDL 34.19development in restoring impaired waters.34.20(b) $150,000 the first year is for a grant to 34.21the South Central Service Cooperative to 34.22develop a water ecology pilot program to 34.23develop a model curriculum on the protection 34.24and restoration of the quality of surface water 34.25and groundwater. 34.26(c) $150,000 each year is for grants to the 34.27livestock environmental quality assurance 34.28program to develop resource management 34.29plans, provide resource management analysis 34.30and assistance, provide an implementation 34.31plan, and provide for annual reporting on 34.32water quality assessment and reasonable 34.33assurance of the water quality effects for 34.34the purposes of TMDL plans, including an 35.1assurance walk-through for farms enrolled 35.2in the program.35.3(d) December 15, 2010, the commissioner 35.4of agriculture shall submit a report to the 35.5chairs and ranking minority members of the 35.6legislative committees and divisions with 35.7jurisdiction over agriculture and environment 35.8policy and finance on the activities of the 35.9livestock environmental quality assurance 35.10program. The report shall include:35.11(1) the number of farms enrolled;35.12(2) an analysis of the estimated water quality 35.13improvements to enrolled farms;35.14(3) an analysis of the ability to provide 35.15reasonable assurance of the water quality 35.16effects; and35.17(4) consideration of recommendations 35.18contained in the commissioner's report on 35.19Star Farms.

35.20Subd. 3.County Geologic Atlases400,000600,000

35.21$400,000 the first year and $600,000 35.22the second year are for collection and 35.23interpretation of subsurface geological 35.24information and acceleration of the county 35.25geologic atlas program. $122,000 the 35.26first year and $183,000 the second year 35.27of this appropriation is to the Board of 35.28Regents of the University of Minnesota for 35.29the Geological Survey to continue and to 35.30initiate the production of county geologic 35.31atlases. $278,000 the first year and $417,000 35.32the second year of this appropriation is 35.33to the commissioner of natural resources 35.34to investigate physical and recharge 36.1characteristics. This appropriation represents 36.2a continuing effort to complete the county 36.3geologic atlases throughout the state.

36.4Subd. 4.High-Resolution Elevation Data2,500,0003,100,000

36.5To the commissioner of natural resources 36.6to acquire and distribute high-resolution 36.7elevation data collection using light detection 36.8and ranging to aid with impaired waters 36.9modeling and total maximum daily load 36.10implementation under Minnesota Statutes, 36.11chapter 114D. 

36.1236.13Subd. 5.Statewide Sustainable Water Resources Framework750,0000

36.14(a) To the University of Minnesota for the 36.15development of a statewide sustainable 36.16water resources framework to protect, 36.17conserve, and enhance the quantity and 36.18quality of the state's ground and surface 36.19waters. The detailed framework shall be 36.20developed by the University of Minnesota 36.21Water Resources Center in cooperation with 36.22staff from the Environmental Quality Board 36.23and representatives who have expertise 36.24in water resources from federal agencies, 36.25state agencies, local governments, private 36.26nonprofits, and other interested groups. 36.27The framework must include, but is not 36.28limited to, identification of infrastructure 36.29needs; drinking water; groundwater and 36.30surface waters; storm water; agricultural and 36.31industrial needs; the interfaces of climate 36.32change, development and land use, and 36.33demographics; public engagement strategies; 36.34and accountability mechanisms.37.1(b) The University of Minnesota, 37.2in cooperation with staff from the 37.3Environmental Quality Board, shall 37.4submit the framework to the chairs 37.5and ranking minority members of the 37.6legislative committees with jurisdiction over 37.7environment and natural resources policy 37.8and finance by January 15, 2011.

37.9Subd. 6.Appropriation Conditions

37.10Notwithstanding Minnesota Statutes, section 37.1116A.28, the appropriations encumbered on or 37.12before June 30, 2011, as grants or contracts in 37.13this section are available until June 30, 2013.37.14    Sec. 9. Minnesota Statutes 2008, section 116G.15, is amended to read:37.15116G.15 MISSISSIPPI RIVER CORRIDOR CRITICAL AREA.37.16    Subdivision 1.Establishment; purpose.(a) The federal Mississippi National 37.17River and Recreation Area established pursuant to United States Code, title 16, section 37.18460zz-2(k), is designated an area of critical concern in accordance with this chapter. The 37.19governor shall review the existing Mississippi River critical area plan and specify any 37.20additional standards and guidelines to affected communities in accordance with section 37.21116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of 37.22the area pending the completion of the federal plan.The purpose of the designation is to:37.23(1) protect and preserve the Mississippi River and adjacent lands that the legislature 37.24finds to be unique and valuable state and regional resources for the benefit of the health, 37.25safety, and welfare of the citizens of the state, region, and nation;37.26(2) prevent and mitigate irreversible damages to these state, regional, and natural 37.27resources;37.28(3) preserve and enhance the natural, aesthetic, cultural, and historical values of the 37.29Mississippi River and adjacent lands for public use and benefit;37.30(4) protect and preserve the Mississippi River as an essential element in the national, 37.31state, and regional transportation, sewer and water, and recreational systems; and37.32(5) protect and preserve the biological and ecological functions of the Mississippi 37.33River corridor.38.1The results of an environmental impact statement prepared under chapter 116D 38.2begun before and completed after July 1, 1994, for a proposed project that is located in 38.3the Mississippi River critical area north of the United States Army Corps of Engineers 38.4Lock and Dam Number One must be submitted in a report to the chairs of the environment 38.5and natural resources policy and finance committees of the house of representatives 38.6and the senate prior to the issuance of any state or local permits and the authorization 38.7for an issuance of any bonds for the project. A report made under this paragraph shall 38.8be submitted by the responsible governmental unit that prepared the environmental 38.9impact statement, and must list alternatives to the project that are determined by the 38.10environmental impact statement to be economically less expensive and environmentally 38.11superior to the proposed project and identify any legislative actions that may assist in the 38.12implementation of environmentally superior alternatives. This paragraph does not apply 38.13to a proposed project to be carried out by the Metropolitan Council or a metropolitan 38.14agency as defined in section 473.121.  38.15(b) If the results of an environmental impact statement required to be submitted by 38.16paragraph (a) indicate that there is an economically less expensive and environmentally 38.17superior alternative, then no member agency of the Environmental Quality Board shall 38.18issue a permit for the facility that is the subject of the environmental impact statement, 38.19other than an economically less expensive and environmentally superior alternative, 38.20nor shall any government bonds be issued for the facility, other than an economically 38.21less expensive and environmentally superior alternative, until after the legislature has 38.22adjourned its regular session sine die in 1996.38.23    Subd. 2.Administration; duties.(a) The commissioner of natural resources may 38.24adopt rules under chapter 14 as are necessary for the administration of the Mississippi 38.25River corridor critical area program. Duties of the Environmental Quality Council or the 38.26Environmental Quality Board referenced in this chapter, related rules, and the governor's 38.27executive order number 79-19, published in the State Register on March 12, 1979, 38.28that are related to the Mississippi River corridor critical area shall be the duties of the 38.29commissioner. All rules adopted by the board pursuant to these duties remain in effect 38.30and shall be enforced until amended or repealed by the commissioner in accordance with 38.31law. The commissioner shall work in consultation with the United States Army Corps of 38.32Engineers, the National Park Service, the Metropolitan Council, other agencies, and local 38.33units of government to ensure that the Mississippi River corridor critical area is managed 38.34as a multipurpose resource in a way that:38.35(1) conserves the scenic, environmental, recreational, mineral, economic, cultural, 38.36and historic resources and functions of the river corridor;39.1(2) maintains the river channel for transportation by providing and maintaining 39.2barging and fleeting areas in appropriate locations consistent with the character of the 39.3Mississippi River and riverfront;39.4(3) provides for the continuation and development of a variety of urban uses, 39.5including industrial and commercial uses, and residential uses, where appropriate, within 39.6the Mississippi River corridor;39.7(4) utilizes certain reaches of the river as a source of water supply and as a receiving 39.8water for properly treated sewage, stormwater, and industrial waste effluents; and39.9(5) protects and preserves the biological and ecological functions of the corridor.39.10(b) The Metropolitan Council shall incorporate the standards developed under 39.11this section into its planning and shall work with local units of government and the 39.12commissioner to ensure the standards are being adopted and implemented appropriately.39.13    Subd. 3.Districts.The commissioner shall establish, by rule, districts within 39.14the Mississippi River corridor critical area. The commissioner must seek to determine 39.15an appropriate number of districts within any one municipality and take into account 39.16municipal plans and policies, and existing ordinances and conditions. The commissioner 39.17shall consider the following when establishing the districts:39.18(1) the protection of resources that existed as of March 12, 1979;39.19(2) the protection of improvements such as parks, trails, natural areas, recreational 39.20areas, and interpretive centers;39.21(3) the use of the Mississippi River as a source of drinking water;39.22(4) the protection of resources identified in the Mississippi National River and 39.23Recreation Area Comprehensive Management Plan;39.24(5) the protection of resources identified in comprehensive plans developed by 39.25counties, cities, and towns within the Mississippi River corridor critical area;39.26(6) the intent of the Mississippi River corridor critical area land use districts from 39.27the governor's executive order number 79-19, published in the State Register on March 39.2812, 1979; and39.29(7) identified scenic, geologic, and ecological resources.39.30    Subd. 4.Standards.(a) The commissioner shall establish, by rule, minimum 39.31guidelines and standards for the districts established in subdivision 3. The guidelines 39.32and standards for each district shall include: the intent of each district; key resources 39.33and features to be protected or enhanced based upon paragraph (b); permitted uses; 39.34and dimensional and performance standards for development. The commissioner must 39.35take into account municipal plans and policies, and existing ordinances and conditions 39.36when developing the guidelines in this section. The commissioner may provide certain 40.1exceptions and criteria for standards, including, but not limited to, exceptions for river 40.2access facilities, water supply facilities, stormwater facilities, and wastewater treatment 40.3facilities, and hydropower facilities.40.4(b) The guidelines and standards must protect or enhance the following key 40.5resources and features:40.6(1) floodplains;40.7(2) wetlands;40.8(3) gorges;40.9(4) areas of confluence with key tributaries;40.10(5) natural drainage routes;40.11(6) shorelines and riverbanks;40.12(7) bluffs;40.13(8) steep slopes and very steep slopes;40.14(9) unstable soils and bedrock;40.15(10) significant existing vegetative stands, tree canopies, and native plant 40.16communities;40.17(11) scenic views and vistas;40.18(12) publicly owned parks, trails, and open spaces;40.19(13) cultural and historic sites and structures; and40.20(14) water quality.40.21(c) The commissioner shall establish a map to define bluffs and bluff-related features 40.22within the Mississippi River corridor critical area. At the outset of the rulemaking process, 40.23the commissioner shall create a preliminary map of all the bluffs and bluff lines within 40.24the Mississippi River corridor critical area, based on the guidelines in paragraph (d). The 40.25rulemaking process shall provide an opportunity to refine the preliminary bluff map. The 40.26commissioner may add to or remove areas of demonstrably unique or atypical conditions 40.27that warrant special protection or exemption. At the end of the rulemaking process, the 40.28commissioner shall adopt a final bluff map that contains associated features, including 40.29bluff lines, bases of bluffs, steep slopes, and very steep slopes.40.30(d) The following guidelines shall be used by the commissioner to create a 40.31preliminary bluff map as part of the rulemaking process: 40.32(1) "bluff face" or "bluff" means the area between the bluff line and the bluff base. A 40.33high, steep, natural topographic feature such as a broad hill, cliff, or embankment with 40.34a slope of 18 percent or greater and a vertical rise of at least ten feet between the bluff 40.35base and the bluff line;41.1(2) "bluff line" means a line delineating the top of a slope connecting the points 41.2at which the slope becomes less than 18 percent. More than one bluff line may be 41.3encountered proceeding upslope from the river valley;41.4(3) "base of the bluff" means a line delineating the bottom of a slope connecting 41.5the points at which the slope becomes 18 percent or greater. More than one bluff base 41.6may be encountered proceeding landward from the water;41.7(4) "steep slopes" means 12 percent to 18 percent slopes. Steep slopes are natural 41.8topographic features with an average slope of 12 to 18 percent measured over a horizontal 41.9distance of 50 feet or more; and41.10(5) "very steep slopes" means slopes 18 percent or greater. Very steep slopes are 41.11natural topographic features with an average slope of 18 percent or greater, measured over 41.12a horizontal distance of 50 feet or more.41.13    Subd. 5.Application.The standards established under this section shall be used:41.14(1) by local units of government when preparing or updating plans or modifying 41.15regulations;41.16(2) by state and regional agencies for permit regulation and in developing plans 41.17within their jurisdiction;41.18(3) by the Metropolitan Council for reviewing plans, regulations, and development 41.19permit applications; and41.20(4) by the commissioner when approving plans, regulations, and development 41.21permit applications.41.22    Subd. 6.Notification; fees. A local unit of government or a regional or state agency 41.23shall notify the commissioner of natural resources of all developments in the corridor that 41.24require discretionary actions under their rules at least 10 days before taking final action on 41.25the application. A local unit of government or agency failing to notify the commissioner at 41.26least ten days before taking final action shall submit a late fee of $50 to the commissioner. 41.27For purposes of this section, a discretionary action includes all actions that require a public 41.28hearing, including variances, conditional use permits, and zoning amendments.41.29    Subd. 7.Rules.The commissioner shall adopt rules to ensure compliance with this 41.30section. By January 15, 2010, the commissioner shall begin the rulemaking required by 41.31this section. Until the rules required under this section take effect, the commissioner 41.32shall administer the Mississippi River corridor critical area program in accordance with 41.33the governor's executive order number 79-19, published in the State Register on March 41.3412, 1979.42.1ARTICLE 342.2PARKS AND TRAILS FUND

42.3Section 1.PARKS AND TRAILS FUND APPROPRIATIONS.

42.4    The sums shown in the columns marked "Appropriations" are appropriated to 42.5the agencies and for the purposes specified in this article. The appropriations are from 42.6the parks and trails fund, or another named fund, and are available for the fiscal years 42.7indicated for each purpose. The figures "2010" and "2011" used in this article mean that 42.8the appropriations listed under them are available for the fiscal year ending June 30, 2010, 42.9or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is 42.10fiscal year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the 42.11fiscal year ending June 30, 2009, are effective the day following final enactment. All 42.12appropriations in this article are onetime.

42.13APPROPRIATIONS42.14Available for the Year42.15Ending June 3042.1620102011

42.1742.18Sec. 2.DEPARTMENT OF NATURAL RESOURCES$16,500,000$19,800,000

42.19$13,000,000 the first year and $15,500,000 42.20the second year are for state parks, recreation 42.21areas, and trails to:42.22(1) connect people to the outdoors by 42.23providing access, conservation education, 42.24and interpretive services, including enhanced 42.25naturalist programs;42.26(2) accelerate natural resource management, 42.27restoration, and protection activities at state 42.28parks; and42.29(3) accelerate facility maintenance and 42.30rehabilitation, including energy-efficiency 42.31improvements and the use of renewable 42.32sources of energy.42.33$3,500,000 the first year and $4,300,000 42.34the second year are for grants under new 43.1Minnesota Statutes, section 85.535, to 43.2parks and trails recognized as meeting the 43.3constitutional requirement of being a park 43.4or trail of regional or statewide significance. 43.5Grants under this section must be used only 43.6for acquisition, development, restoration, 43.7and maintenance. Up to 2.5 percent of this 43.8appropriation may be used for administering 43.9the grants.43.10The commissioner shall develop a ten-year 43.11strategic state parks and trails plan 43.12considering traditional funding and the 43.13funding available under the Minnesota 43.14Constitution, article XI, section 15. The plan 43.15shall incorporate the 25-year framework 43.16developed under section 7.43.17The commissioner shall submit an annual 43.18report on the expenditure and use of money 43.19appropriated under this section to the 43.20legislature as provided in Minnesota Statutes, 43.21section 3.195. The first year report must be 43.22submitted by March 1, 2010. In subsequent 43.23years the report shall be submitted by January 43.2415. The report must relate the expenditure of 43.25funds by the categories established and detail 43.26the outcomes in terms of additional use of 43.27parks and trails resources, user satisfaction 43.28surveys, and other appropriate outcomes.43.29The department and grantees receiving 43.30money under this section shall give 43.31consideration to contracting with the 43.32Minnesota Conservation Corps for contract 43.33restoration, maintenance, and other activities.

43.34Sec. 3.METROPOLITAN COUNCIL$$13,000,000$$15,500,000

44.1(a) To be distributed as required under 44.2new Minnesota Statutes, section 85.53, 44.3subdivision 2.44.4(b) The Metropolitan Council shall submit 44.5an annual report on the expenditure and use 44.6of money appropriated under this section 44.7to the legislature as provided in Minnesota 44.8Statutes, section 3.195. The first report 44.9shall be submitted by March 1, 2010. 44.10In subsequent years, the report shall be 44.11submitted by January 15. The report must 44.12detail the outcomes in terms of additional use 44.13of parks and trails resources, user satisfaction 44.14surveys, and other appropriate outcomes.44.15(c) The implementing agencies receiving 44.16appropriations under this section shall 44.17give consideration to contracting with the 44.18Minnesota Conservation Corps for contract 44.19restoration, maintenance, and other activities.

44.20Sec. 4.UNIVERSITY OF MINNESOTA$400,000$-0-

44.21To the Board of Regents of the University 44.22of Minnesota for the Center for Changing 44.23Landscapes to create a comprehensive 44.24statewide parks and trails framework and 44.25system inventory.44.26    Sec. 5. Minnesota Statutes 2008, section 85.53, is amended to read:44.2785.53 PARKS AND TRAILS FUND.44.28    Subdivision 1.Fund established; purpose. The parks and trails fund is established 44.29in the Minnesota Constitution, article XI, section 15. All money earned by the parks and 44.30trails fund must be credited to the fund. 44.31    Subd. 2.Metropolitan area distribution formula.(a) Money appropriated from 44.32the parks and trails fund to the Metropolitan Council shall be distributed to implementing 45.1agencies, as defined in section 473.351, subdivision 1, paragraph (a), as grants according 45.2to the following formula:45.3(1) 45 percent of the money must be disbursed according to the allocation formula in 45.4section 473.351, subdivision 3, to each implementing agency;45.5(2) 31.5 percent of the money must be distributed based on each implementing 45.6agency's relative share of the most recent estimate of the population of the metropolitan 45.7area;45.8(3) 13.5 percent of the money must be distributed based on each implementing 45.9agency's relative share of nonlocal visits based on the most recent user visitation survey 45.10conducted by the Metropolitan Council; and45.11(4) ten percent of the money must be distributed as grants to implementing agencies 45.12for land acquisition within Metropolitan Council approved regional parks and trails master 45.13plan boundaries under the council's park acquisition opportunity grant program. The 45.14Metropolitan Council must provide a match of $2 of the council's park bonds for every $3 45.15of state funds for the park acquisition opportunity grant program.45.16(b) Money allocated under paragraph (a) is to:45.17(1) connect people to the outdoors by providing access, conservation education, and 45.18interpretive services, including enhanced naturalist programs;45.19(2) accelerate natural resource acquisition, management, restoration, and protection 45.20activities at regional parks; and45.21(3) accelerate facility acquisition, development, maintenance, and rehabilitation, 45.22including energy-efficiency improvements and the use of renewable sources of energy.45.23    Sec. 6. [85.535] PARKS AND TRAILS GRANT PROGRAM.45.24    Subdivision 1.Establishment.The commissioner of natural resources shall 45.25administer a program to provide grants from the parks and trails fund to support parks and 45.26trails of regional or statewide significance. Grants shall not be made under this section for 45.27state parks, state recreational areas, or state trails.45.28    Subd. 2.Priorities.In awarding trails grants under this section, the commissioner 45.29shall give priority to:45.30(1) trail projects that provide connectivity;45.31(2) trail projects that provide enhanced opportunities for commuters; and45.32(3) trail projects that provide enhanced safety.45.33    Subd. 3.Match.Recipients must provide a nonstate cash match of at least 25 45.34percent of the total eligible project costs.46.1    Sec. 7. CREATION OF FRAMEWORK AND INVENTORY.46.2    Subdivision 1.Framework development. (a) The University of Minnesota 46.3Center for Changing Landscapes is directed to create a long-range, 25-year framework 46.4for an integrated statewide parks and trails system that provides information on the 46.5natural resource-based recreational opportunities available throughout the state. The 46.6detailed framework must include an inventory of existing regionally and statewide 46.7significant parks and trails, respond to recreational trends and demographic changes, 46.8and identify underserved areas, overused facilities, and gaps in the current parks and 46.9trails system. The framework must identify opportunities for enhancing existing assets, 46.10developing new assets, and linking those assets together effectively. In developing the 46.11framework and creating the inventory, the Center for Changing Landscapes shall use 46.12geographic information system technology, aerial photographs, and other pertinent data 46.13from government agencies. 46.14(b) As part of the inventory, the Center for Changing Landscapes shall develop 46.15a user-friendly Web-based application that will function as a guide for information on 46.16state and regional parks in the state. The Department of Natural Resources and the 46.17Metropolitan Council shall work with the Center for Changing Landscapes to ensure that 46.18all the information currently available on their Web sites is incorporated into the newly 46.19developed statewide Web system. The statewide parks and trails Web guide shall be 46.20incorporated into the Department of Natural Resources Web site.46.21(c) In developing the framework and inventory, the Center for Changing Landscapes 46.22shall consult with the Department of Natural Resources, the Metropolitan Council, local 46.23units of government, park and trail groups, the public, and other stakeholder groups. The 46.24Center for Changing Landscapes shall ensure public participation and active involvement 46.25of user groups and local communities.46.26    Subd. 2.Report.The Center for Changing Landscapes shall submit the framework 46.27in a report to the chairs and ranking minority members of the senate and house of 46.28representatives committees and divisions having jurisdiction over natural resources policy 46.29and finance by October 1, 2010.46.30ARTICLE 446.31ARTS AND CULTURAL HERITAGE FUND

46.32Section 1.ARTS AND CULTURAL HERITAGE FUND APPROPRIATIONS.

46.33    The sums shown in the columns marked "Appropriations" are appropriated to the 46.34agencies and for the purposes specified in this article. The appropriations are from the arts 46.35and cultural heritage fund, and are available for the fiscal years indicated for allowable 47.1activities under the Minnesota Constitution, article XI, section 15. The figures "2010" and 47.2"2011" used in this article mean that the appropriations listed under them are available for 47.3the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The first year" is 47.4fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is fiscal years 47.52010 and 2011. Appropriations for the fiscal year ending June 30, 2009, are effective the 47.6day following final enactment.

47.7APPROPRIATIONS47.8Available for the Year47.9Ending June 3047.1020102011

47.11Sec. 2.BOARD OF THE ARTS.

47.12Subdivision 1.Total Appropriation$23,750,000$23,750,000

47.13The appropriations in this section are for arts, 47.14arts education, and arts access and to preserve 47.15Minnesota's history and cultural heritage as 47.16specified in the following subdivisions.

47.17Subd. 2.Distribution Formula

47.18Of these amounts:47.19(1) up to 78 percent of the money to support 47.20Minnesota artists and arts organizations 47.21in creating, producing, and presenting 47.22high-quality arts activities; to overcome 47.23barriers to accessing high-quality arts 47.24activities; and to instill the arts into the 47.25community and public life in this state; 47.26(2) up to 15 percent of the money for 47.27high-quality, age-appropriate arts education 47.28for Minnesotans of all ages to develop 47.29knowledge, skills, and understanding of the 47.30arts; 47.31(3) up to five percent of the money for events 47.32and activities that represent the diverse ethnic 47.33and cultural arts traditions, including folk 48.1and traditional artists and art organizations, 48.2represented in this state; and 48.3(4) up to three percent of the money 48.4to administer grant programs, deliver 48.5technical services, provide fiscal oversight 48.6for the statewide system, and to ensure 48.7accountability for these state resources.48.8Thirty percent of the total appropriated to 48.9each of the categories established in this 48.10subdivision is for grants to the regional arts 48.11councils. This percentage does not apply to 48.12administrative costs.48.13These appropriations are added to the 48.14agency's base budget. Any unexpended 48.15balance under this section is available in 48.16either year.

48.17Subd. 3.Reporting

48.18The executive director shall submit an 48.19annual report on the expenditure and use of 48.20money appropriated under this section to the 48.21legislature as provided in Minnesota Statutes, 48.22section 3.195. The first year report must be 48.23submitted by March 1, 2010. In subsequent 48.24years the report shall be submitted by January 48.2515. The report must relate the expenditure 48.26of funds by the categories established in 48.27subdivision 2.

48.28Subd. 4.Appropriation Conditions

48.29Notwithstanding Minnesota Statutes, section 48.3016A.28, the appropriations encumbered on or 48.31before June 30, 2011, as grants or contracts in 48.32this section are available until June 30, 2013.

48.3348.34Sec. 3.MINNESOTA HISTORICAL SOCIETY$12,500,000$12,500,000

49.1(a) These amounts are to preserve 49.2Minnesota's history and cultural heritage.49.3(b) Of these amounts:49.4(1) up to 45 percent each year for statewide 49.5history programs and projects;49.6(2) up to 30 percent of the money for 49.7a competitive grant program for history 49.8programs and projects operated by or 49.9through local, county, regional, other history 49.10organizations, or local units of government;49.11(3) up to 25 percent of the money for 49.12history programs and projects that involve 49.13partnerships or collaboration with history or 49.14other organizations; and49.15(4) up to three percent of the money to 49.16administer grant programs, deliver technical 49.17services, provide fiscal oversight, and ensure 49.18accountability for these state resources. The 49.19director may allocate administrative costs 49.20between the programs.49.21These appropriations are added to the 49.22agency's base budget. Any unexpended 49.23balance under this section is available in 49.24either year.49.25(c) The director shall submit an annual 49.26report on the expenditure and use of money 49.27appropriated under this section to the 49.28legislature as provided in Minnesota Statutes, 49.29section 3.195. The first year report must be 49.30submitted by March 1, 2010. In subsequent 49.31years the report shall be submitted by January 49.3215. The report must relate the expenditure 49.33of funds by the categories established in 49.34paragraph (b), clauses (1) to (4).50.1(d) Notwithstanding Minnesota Statutes, 50.2section 16A.28, the appropriations 50.3encumbered on or before June 30, 2011, 50.4as grants or contracts in this section are 50.5available until June 30, 2013.

50.6Sec. 4.HUMANITIES COMMISSION$1,500,000$1,500,000

50.7(a) These amounts are to preserve 50.8Minnesota's history and cultural heritage. 50.9A portion of this amount is available for 50.10organizations and programs that support 50.11ethnic and cultural diversity in this state.50.12(b) The commission shall submit an annual 50.13report on the expenditure and use of money 50.14appropriated under this section to the 50.15legislature as provided in Minnesota Statutes, 50.16section 3.195. The first year report must be 50.17submitted by March 1, 2010. In subsequent 50.18years the report shall be submitted by January 50.1915.50.20These appropriations are added to the 50.21agency's base budget. Any unexpended 50.22balance under this section is available in 50.23either year.50.24(c) Notwithstanding Minnesota Statutes, 50.25section 16A.28, the appropriations 50.26encumbered on or before June 30, 2011, 50.27as grants or contracts in this section are 50.28available until June 30, 2013.

50.2950.30Sec. 5.DEPARTMENT OF ADMINISTRATION$ 6,150,000$ 6,150,000

50.31(a) To the commissioner of administration 50.32for arts, arts education, and arts access and 50.33to preserve Minnesota's history and cultural 50.34heritage, as specified under this section.51.1(b) $3,500,000 the first year and $3,500,000 51.2the second year are appropriated for a grant to 51.3the Minnesota Public Television Association 51.4for production and acquisition grants in 51.5accordance with Minnesota Statutes, section 51.6129D.18. This funding is also available to 51.7public access cable stations for arts, history, 51.8and cultural programs.51.9(c) $1,325,000 the first year and $1,325,000 51.10the second year are appropriated for a grant 51.11to Minnesota Public Radio to create new 51.12programming and events, expand regional 51.13news service, amplify Minnesota culture 51.14to a regional and national audience, and 51.15document Minnesota's history through the 51.16Minnesota Audio Archives.51.17(d) $1,325,000 the first year and $1,325,000 51.18the second year are appropriated for a grant 51.19to the Association of Minnesota Public Radio 51.20Stations for production and acquisition grants 51.21in accordance with Minnesota Statutes, 51.22section 129D.19.51.23These appropriations are added to the 51.24agency's base budget. Any unexpended 51.25balance under this section is available in 51.26either year.51.27(e) The commissioner shall submit an 51.28annual report on the expenditure and use 51.29of money appropriated under this section 51.30to the legislature as provided in Minnesota 51.31Statutes, sections 129D.18, subdivision 4, 51.32and 129D.19, subdivision 4.51.33(f) Notwithstanding Minnesota Statutes, 51.34section 16A.28, the appropriations 51.35encumbered on or before June 30, 2011, 52.1as grants or contracts in this section are 52.2available until June 30, 2013.

52.3Sec. 6.EXPLORE MINNESOTA TOURISM$500,000$500,000

52.4(a) To the director of Explore Minnesota 52.5Tourism for a grant to the Minnesota Film 52.6and TV Board for grants for reimbursements 52.7to eligible film projects that promote 52.8Minnesota's cultural heritage. "Eligible film 52.9project" means a film written by a resident 52.10of Minnesota and directed or produced by a 52.11resident of Minnesota; a film set in Minnesota 52.12and directed or produced by a resident of 52.13Minnesota; or a film that documents an event 52.14or period in Minnesota history, whether a 52.15true documentary or a fictionalized account 52.16of the historic event, and has either a writer 52.17or director who is a resident of Minnesota. 52.18Eligible film projects must be filmed in 52.19Minnesota.52.20(b) The director shall submit an annual 52.21report on the expenditure and use of money 52.22appropriated under this section to the 52.23legislature as provided in Minnesota Statutes, 52.24section 3.195. The first year report must be 52.25submitted by March 1, 2010. In subsequent 52.26years the report shall be submitted by January 52.2715.52.28(c) Notwithstanding Minnesota Statutes, 52.29section 16A.28, the appropriations 52.30encumbered on or before June 30, 2011, 52.31as grants or contracts in this section are 52.32available until June 30, 2013.

52.3352.34Sec. 7.SCIENCE MUSEUM OF MINNESOTA$500,000$500,000

53.1(a) These amounts are for arts, arts education, 53.2and arts access and to preserve Minnesota's 53.3history and cultural heritage.53.4(b) The director shall submit an annual 53.5report on the expenditure and use of money 53.6appropriated under this section to the 53.7legislature as provided in Minnesota Statutes, 53.8section 3.195. The first year report must be 53.9submitted by March 1, 2010. In subsequent 53.10years the report shall be submitted by January 53.1115.53.12(c) Notwithstanding Minnesota Statutes, 53.13section 16A.28, the appropriations 53.14encumbered on or before June 30, 2011, 53.15as grants or contracts in this section are 53.16available until June 30, 2013.

53.1753.18Sec. 8.MINNESOTA CHILDREN'S MUSEUM$100,000$100,000

53.19(a) These amounts are for arts, arts education, 53.20and arts access and to preserve Minnesota's 53.21history and cultural heritage.53.22(b) The director shall submit an annual 53.23report on the expenditure and use of money 53.24appropriated under this section to the 53.25legislature as provided in Minnesota Statutes, 53.26section 3.195. The first year report must be 53.27submitted by March 1, 2010. In subsequent 53.28years the report shall be submitted by January 53.2915.53.30(c) Notwithstanding Minnesota Statutes, 53.31section 16A.28, the appropriations 53.32encumbered on or before June 30, 2011, 53.33as grants or contracts in this section are 53.34available until June 30, 2013.

54.1Sec. 9.DULUTH CHILDREN'S MUSEUM$100,000$100,000

54.2(a) These amounts are for arts, arts education, 54.3and arts access and to preserve Minnesota's 54.4history and cultural heritage.54.5(b) The director shall submit an annual 54.6report on the expenditure and use of money 54.7appropriated under this section to the 54.8legislature as provided in Minnesota Statutes, 54.9section 3.195. The first year report must be 54.10submitted by March 1, 2010. In subsequent 54.11years the report shall be submitted by January 54.1215.54.13(c) Notwithstanding Minnesota Statutes, 54.14section 16A.28, the appropriations 54.15encumbered on or before June 30, 2011, 54.16as grants or contracts in this section are 54.17available until June 30, 2013.

54.18Sec. 10.INDIAN AFFAIRS COUNCIL$500,000$500,000

54.19(a) These amounts are for arts, arts education, 54.20and arts access and to preserve Minnesota's 54.21history and cultural heritage.54.22(b) The director shall submit an annual 54.23report on the expenditure and use of money 54.24appropriated under this section to the 54.25legislature as provided in Minnesota Statutes, 54.26section 3.195. The first year report must be 54.27submitted by March 1, 2010. In subsequent 54.28years the report shall be submitted by January 54.2915.54.30(c) Notwithstanding Minnesota Statutes, 54.31section 16A.28, the appropriations 54.32encumbered on or before June 30, 2011, 55.1as grants or contracts in this section are 55.2available until June 30, 2013.

55.355.4Sec. 11.PERPICH CENTER FOR ARTS EDUCATION$400,000$1,200,000

55.5(a) These amounts are for arts, arts education, 55.6and arts access and to preserve Minnesota's 55.7history and cultural heritage.55.8(b) The director shall submit an annual 55.9report on the expenditure and use of money 55.10appropriated under this section to the 55.11legislature as provided in Minnesota Statutes, 55.12section 3.195. The first year report must be 55.13submitted by March 1, 2010. In subsequent 55.14years the report shall be submitted by January 55.1515.55.16(c) Notwithstanding Minnesota Statutes, 55.17section 16A.28, the appropriations 55.18encumbered on or before June 30, 2011, 55.19as grants or contracts in this section are 55.20available until June 30, 2013.

55.2155.22Sec. 12.MINNESOTA ZOOLOGICAL GARDEN$-0-$100,000

55.23(a) These amounts are for arts, arts education, 55.24and arts access and to preserve Minnesota's 55.25history and cultural heritage.55.26(b) The director shall submit an annual 55.27report on the expenditure and use of money 55.28appropriated under this section to the 55.29legislature as provided in Minnesota Statutes, 55.30section 3.195. The first year report must be 55.31submitted by March 1, 2010. In subsequent 55.32years the report shall be submitted by January 55.3315.56.1(c) Notwithstanding Minnesota Statutes, 56.2section 16A.28, the appropriations 56.3encumbered on or before June 30, 2011, 56.4as grants or contracts in this section are 56.5available until June 30, 2013.56.6    Sec. 13. [129D.18] PUBLIC TELEVISION CULTURAL AND HERITAGE 56.7PRODUCTION AND ACQUISITION GRANTS.56.8    Subdivision 1.Use of grant funds.Money appropriated from the Minnesota arts 56.9and cultural heritage fund may be designated to make grants to public stations, as defined 56.10in section 129D.12, subdivision 2. Grants received under this section must be used to 56.11create, produce, acquire, or distribute programs that educate, enhance, or promote local, 56.12regional, or statewide items of artistic, cultural, or historic significance. Grant funds may 56.13be used to cover any expenses associated with the creation, production, acquisition, or 56.14distribution of public television programs through broadcast or online, including the 56.15creation and distribution of educational materials.56.16    Subd. 2.Administration.Money appropriated under this section must be used by 56.17the commissioner of administration to make grants based upon the recommendations of 56.18the Minnesota Public Television Association.56.19    Subd. 3.Conditions.(a) A public station receiving funds appropriated under this 56.20section must:56.21(1) make programs produced with these funds available for broadcast to all other 56.22public stations eligible to receive grants under this section;56.23(2) offer free public performance rights for public educational institutions;56.24(3) archive programs produced with these funds and make the programs available 56.25for future use through encore broadcast or other distribution, including online; and56.26(4) ensure that underwriting credit is given to the Minnesota arts and cultural 56.27heritage fund.56.28(b) Programs produced in partnership with other mission-centered nonprofit 56.29organizations may be used by the partnering organization for their own educational or 56.30promotional purposes.56.31    Subd. 4.Reporting.A public station receiving funds appropriated under this 56.32section must report annually by January 15 to the commissioner and the chairs and ranking 56.33minority members of the senate and house of representatives committees and divisions 56.34having jurisdiction over arts and cultural heritage policy and budget regarding how the 56.35previous year's grant funds were expended. This report must contain specific information 57.1for each program produced and broadcast, including the cost of production, the number 57.2of stations broadcasting the program, estimated viewership, the number of Web site 57.3downloads, and other related measures. If the programs produced include educational 57.4material, the public station must report to the commissioner on these efforts.57.5    Sec. 14. [129D.19] GENERAL NONCOMMERCIAL RADIO CULTURAL AND 57.6HERITAGE PRODUCTION AND ACQUISITION GRANTS.57.7    Subdivision 1.Use of grant funds.Money appropriated from the Minnesota arts 57.8and cultural heritage fund may be designated to make grants to noncommercial radio 57.9stations, as defined in section 129D.14, subdivision 2. Grants received under this section 57.10must be used to create, produce, acquire, or distribute programs that educate, enhance, or 57.11promote local, regional, or statewide items of artistic, cultural, or historic significance. 57.12Grant funds may be used to cover any expenses associated with the creation, production, 57.13acquisition, or distribution of noncommercial radio programs through broadcast.57.14    Subd. 2.Administration.Money appropriated under this section must be used by 57.15the commissioner of administration to make grants based upon the recommendations of 57.16the Association of Minnesota Public Educational Radio Stations.57.17    Subd. 3.Conditions.(a) A noncommercial radio station receiving funds 57.18appropriated under this section must:57.19(1) make programs produced with these funds available for broadcast to all other 57.20noncommercial radio stations eligible to receive grants under this section;57.21(2) offer free public performance rights for public educational institutions;57.22(3) archive programs produced with these funds and make the programs available 57.23for future use through encore broadcast or other distribution, including online; and57.24(4) ensure that underwriting credit is given to the Minnesota arts and cultural 57.25heritage fund.57.26(b) Programs produced in partnership with other mission-centered nonprofit 57.27organizations may be used by the partnering organization for their own educational or 57.28promotional purposes.57.29    Subd. 4.Reporting.A noncommercial radio station receiving funds appropriated 57.30under this section must report annually by January 15 to the commissioner and the chairs 57.31and ranking minority members of the senate and house of representatives committees and 57.32divisions having jurisdiction over arts and cultural heritage policy and budget regarding 57.33how the previous year's grant funds were expended. This report must contain specific 57.34information for each program produced and broadcast, including the cost of production, 57.35the number of stations broadcasting the program, estimated number of listeners, and 58.1other related measures. If the programs produced include educational material, the 58.2noncommercial radio station must report to the commissioner on these efforts.58.3    Sec. 15. [129E.01] ARTS AND CULTURAL HERITAGE FUND.58.4    Subdivision 1.Fund established.The arts and cultural heritage fund is established 58.5in the Minnesota Constitution, article XI, section 15. All money earned by the fund must 58.6be credited to the fund.58.7    Subd. 2.Appropriations.Money in the arts and cultural heritage fund is 58.8appropriated annually as follows:58.9(1) 50 percent to the executive director of the Board of the Arts for grants and 58.10services provided in accordance with law; and 58.11(2) at least 25 percent to the director of the Minnesota Historical Society for grants 58.12and distribution in accordance with law.58.13    Subd. 3.Acknowledgment.A recipient of money from the arts and cultural 58.14heritage fund must include credit in printed materials, media releases, advertisements, and 58.15electronic, audio, or video promotional materials acknowledging that the activities and 58.16projects are the results of the legacy amendment to the Minnesota Constitution adopted by 58.17the voters on November 4, 2008.58.18    Sec. 16. VOLUNTEER WORKING GROUP ON DAKOTA AND OJIBWE 58.19LANGUAGE REVITALIZATION AND PRESERVATION.58.20    Subdivision 1.Establishment.A volunteer working group is established to develop 58.21a unified strategy to revitalize and preserve indigenous languages of the 11 federally 58.22recognized American Indian tribes in Minnesota. As the federal government recognized 58.23through passage of the Esther Martinez Native American Languages Preservation Act 58.24of 2006, the revitalization and preservation of American Indian languages is of vital 58.25importance to preserving the American Indian culture. There have been recent efforts in 58.26Minnesota to develop programs to teach the Dakota and Ojibwe languages to students 58.27and to create fluent speakers at both the kindergarten through grade 12 level and at the 58.28postsecondary level. The volunteer working group shall, among other duties, inventory 58.29these efforts and make recommendations regarding how to further revitalize and preserve 58.30Dakota and Ojibwe languages. 58.31    Subd. 2.Membership.The executive director of the Minnesota Indian Affairs 58.32Council shall invite each of the 11 federally recognized tribes under Minnesota Statutes, 58.33section 3.922, subdivision 1, clause (1), to participate by appointing one member of each 58.34tribe to the working group. Three additional members shall be appointed by the Indian 59.1Affairs Council. Two of these members must represent the American Indian population 59.2in the Minneapolis-St. Paul area and one member must represent the American Indian 59.3population in Duluth. Other working group members may include, at their discretion, the 59.4commissioner of education or the commissioner's appointee, the director of the Office of 59.5Higher Education or the director's appointee, one member of the Board of Teaching, and 59.6the director of the Minnesota Historical Society or the director's appointee. The working 59.7group may add other members as deemed appropriate by a majority vote of the existing 59.8members. The executive director of the Indian Affairs Council must convene the first 59.9meeting no later than September 1, 2009. At the first meeting, the members shall elect 59.10from amongst themselves a chair and vice chair of the working group.59.11    Subd. 3.Duties.The working group must develop strategies for the 11 federally 59.12recognized American Indian tribes and the state to work together to revitalize and preserve 59.13the Dakota and Ojibwe languages in Minnesota. The duties of the working group include, 59.14but are not limited to:59.15(1) creating an inventory of existing programs designed to preserve Dakota and 59.16Ojibwe languages in the state, including postsecondary programs, programs in tribal 59.17schools, and other schools throughout the state;59.18(2) creating an inventory of available resources for Dakota and Ojibwe language 59.19revitalization and immersion programs, including curriculum, educational materials, 59.20and trained teachers;59.21(3) identifying curriculum needs to train teachers to teach the Dakota and Ojibwe 59.22languages in immersion programs and barriers to training teachers to teach the Dakota and 59.23Ojibwe language;59.24(4) identifying classroom curriculum needs for teaching students in Dakota and 59.25Ojibwe languages;59.26(5) determining how the identified curriculum needs should be met;59.27(6) determining if there is a need for a central repository of resources, and if there 59.28is a need, where the repository should be located, how it should be structured, and who 59.29should have responsibility for maintaining the repository; 59.30(7) determining what technical assistance the state could offer to further Dakota 59.31and Ojibwe language immersion programs;59.32(8) identifying private, state, and national financial resources available to further 59.33Dakota and Ojibwe language revitalization and preservation efforts;59.34(9) identifying current state and federal law, rules, regulations, and policy that 59.35should be repealed, modified, or waived, in order to further Dakota and Ojibwe language 59.36immersion programs; and 60.1(10) assessing the level of interest in the community for Dakota and Ojibwe 60.2language immersion programs.60.3    Subd. 4.Expenses.Members of the group are not eligible for compensation but 60.4may receive reimbursement for their expenses as provided in Minnesota Statutes, section 60.515.059, subdivision 3.60.6    Subd. 5.Report.The working group must report its findings and recommendations, 60.7including draft legislation, if necessary, to the Indian Affairs Council and the chairs and 60.8ranking minority members of the legislative committees and divisions with jurisdiction 60.9over early childhood through grade 12 education and higher education by February 15, 60.102011. The committee expires on February 16, 2011.60.11    Sec. 17. REPEALER.60.12Minnesota Statutes 2008, section 129D.17, is repealed.60.13ARTICLE 560.14GENERAL PROVISIONS

60.15Section 1.LEGACY WEB SITE

60.16(a) The Legislative Coordinating 60.17Commission shall establish and maintain 60.18a Web site to provide information on all 60.19projects receiving appropriations in this 60.20article. The commission may provide a link 60.21to a state Web site that contains all of the 60.22necessary information on projects to satisfy 60.23this requirement. The Web site must provide 60.24information for each project, including, but 60.25not limited to:60.26(1) the name of the project;60.27(2) a brief description of the project;60.28(3) the amount of money appropriated in this 60.29article for the project;60.30(4) any nonstate sources of funding specified 60.31for the project; and60.32(5) goals and outcomes of the project.61.1(b) As a condition of accepting an 61.2appropriation in this article, any agency 61.3or entity receiving an appropriation must 61.4provide the information to the Legislative 61.5Coordinating Commission that is necessary 61.6to establish and maintain the Web site under 61.7paragraph (a). The provision of the necessary 61.8information required for the Web site under 61.9paragraph (a) to another state entity that is 61.10linked to the commission's Web site shall be 61.11considered meeting this requirement.61.12(c) $50,000 in fiscal year 2010 is appropriated 61.13to the Legislative Coordinating Commission 61.14for the costs of developing and implementing 61.15a Web site to contain information on projects 61.16receiving appropriations from the outdoor 61.17heritage fund, the clean water fund, and 61.18the parks and trails fund. Of this amount, 61.19$10,000 is from the outdoor heritage fund; 61.20$25,000 is from the clean water fund; and 61.21$15,000 is from the parks and trails fund.

61.22Sec. 2.SIGNS

61.23(a) The Legislative Coordinating 61.24Commission shall sponsor a contest 61.25for selecting the design of a logo to use on 61.26signage for projects receiving money from 61.27the outdoor heritage fund, the clean water 61.28fund, and the parks and trails fund. 61.29(b) As a condition of accepting an 61.30appropriation in this article, any agency 61.31or entity receiving an appropriation must 61.32provide a sign with the logo selected under 61.33paragraph (a) at all access points to any land 61.34or water resources that were:62.1(1) acquired, in fee title or an interest in less 62.2than fee title, with money appropriated in 62.3this article; or62.4(2) restored, protected, or enhanced with 62.5money appropriated in this article.

62.6Sec. 3.25-YEAR STRATEGIC PLAN.

62.7By January 15, 2011, the legislative 62.8committees, divisions, or councils 62.9responsible for recommending expenditures 62.10to the full legislature from the outdoor 62.11heritage fund, the clean water fund, and the 62.12parks and trails fund must develop, with 62.13broad public input, and adopt a 25-year 62.14strategic plan for the expenditures that 62.15will be recommended from the funds. The 62.16plan must include applicable outcomes 62.17for restoring, protecting, and enhancing 62.18wetlands, prairies, forests, habitat for fish and 62.19game, lakes, rivers, streams, groundwater, 62.20and supporting parks and trails. The strategic 62.21plan shall be updated on a regular basis, but 62.22no longer than every five years. The Web 62.23site established under section 1 must include 62.24a link to the plans developed under this 62.25section. The plan for restoring, protecting, 62.26and enhancing wetlands, prairies, forests, 62.27habitat for fish and game must be based 62.28on ecological sections and subsections 62.29established by the Department of Natural 62.30Resources and be based on sound science 62.31and achieve benefits across all ecological 62.32sections within the state. The plan for 62.33restoring, protecting, and enhancing lakes, 62.34rivers, streams, and groundwater must be 62.35based on watersheds and aquifers, and shall 63.1take into account existing plans, be based on 63.2sound science, and achieve benefits across 63.3all ecological sections within the state. Any 63.4recommendations for appropriations may be 63.5prioritized based on science and urgency.