Office of the Revisor of Statutes
HF 2131
1st Committee Engrossment - 86th Legislature (2009 - 2010)
Posted on 03/19/2013 07:29 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to state government; appropriating money for environment and natural
1.3resources.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6The sums shown in the columns marked "Appropriations" are appropriated to the
1.7agencies and for the purposes specified in this act. The appropriations are from the
1.8outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
1.9figures "2010" and "2011" used in this act mean that the appropriations listed under them
1.10are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The
1.11first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is
1.12fiscal years 2010 and 2011.
1.19This appropriation is from the outdoor
1.20heritage fund.
1.21The amounts that may be spent for each
1.22purpose are specified in the following
1.23subdivisions.
2.4$1,700,000 in fiscal year 2010 is to the
2.5commissioner of natural resources to
2.6accelerate the restoration and enhancement
2.7of native prairie vegetation on public
2.8lands, including roadsides. A list of
2.9proposed projects, describing the types and
2.10locations of restorations and enhancements,
2.11must be provided as part of the required
2.12accomplishment plan. To the extent possible,
2.13prairie restorations conducted with money
2.14appropriated in this section must plant
2.15vegetation or sow seed only of ecotypes
2.16native to Minnesota, and preferably of the
2.17local ecotype, using a high diversity of
2.18species originating from as close to the
2.19restoration site as possible, and protect
2.20existing native prairies from genetic
2.21contamination.
2.23$1,617,000 in fiscal year 2010 is to the
2.24commissioner of natural resources for an
2.25agreement with the Southwest Initiative
2.26Foundation to acquire land in Redwood
2.27County to be added to the state outdoor
2.28recreation system. A list of proposed fee
2.29title acquisitions must be provided as part
2.30of the required accomplishment plan. The
2.31commissioner of natural resources must
2.32agree to each proposed acquisition. No more
2.33than five percent of this appropriation may
2.34be spent on professional services directly
2.35related to this appropriation's purposes.
3.3$3,000,000 in fiscal year 2010 is to the
3.4commissioner of natural resources for
3.5an agreement with Pheasants Forever to
3.6acquire and restore land to be added to the
3.7state wildlife management area system.
3.8A list of proposed fee title acquisitions
3.9and a list of proposed restoration projects,
3.10describing the types and locations of
3.11restorations, must be provided as part of
3.12the required accomplishment plan. The
3.13commissioner of natural resources must
3.14agree to each proposed acquisition. To
3.15the extent possible, prairie restorations
3.16conducted with money appropriated in this
3.17section must plant vegetation or sow seed
3.18only of ecotypes native to Minnesota, and
3.19preferably of the local ecotype, using a high
3.20diversity of species originating from as
3.21close to the restoration site as possible, and
3.22protect existing native prairies from genetic
3.23contamination.
3.26$3,913,000 in fiscal year 2010 is to the
3.27commissioner of natural resources to
3.28acquire land for wildlife management areas
3.29with native prairie or grassland habitats.
3.30A list of proposed fee title acquisitions
3.31must be provided as part of the required
3.32accomplishment plan.
3.35$1,583,000 in fiscal year 2010 is to the
3.36commissioner of natural resources for an
4.1agreement with the United States Fish
4.2and Wildlife Service to acquire land or
4.3permanent easements within the Northern
4.4Tall Grass Prairie Habitat Preservation Area
4.5in western Minnesota. The commissioner
4.6may advance funds to the United States Fish
4.7and Wildlife Service. A list of proposed fee
4.8title and permanent easement acquisitions
4.9must be provided as part of the required
4.10accomplishment plan.
4.12$500,000 in fiscal year 2010 is to the
4.13commissioner of natural resources for an
4.14agreement with the Minnesota Land Trust
4.15to acquire permanent easements protecting
4.16critical prairie and grassland habitats in the
4.17blufflands in southeastern Minnesota. A list
4.18of proposed fee title and permanent easement
4.19acquisitions must be provided as part of the
4.20required accomplishment plan.
4.22$1,900,000 in fiscal year 2010 is to the
4.23commissioner of natural resources for an
4.24agreement with Anoka County to acquire
4.25land at the confluence of the Rum River and
4.26Cedar Creek in Anoka County. Acquired
4.27land must remain open to hunting and
4.28fishing, consistent with the capacity of the
4.29land, during the open season, as determined
4.30by the commissioner of natural resources.
4.31This is the first of two planned appropriations
4.32for this acquisition.
5.1$20,000,000 in fiscal year 2010 is to the
5.2commissioner of natural resources to acquire
5.3land or permanent working forest easements
5.4on private forests in areas identified through
5.5the state forest for the future program.
5.6Priority must be given to acquiring land
5.7or interests in private lands within existing
5.8Minnesota state forest boundaries. Any
5.9easements acquired must have a forest
5.10management plan as described in Minnesota
5.11Statutes, section 290C.02, subdivision 7.
5.12A list of proposed fee title and easement
5.13acquisitions must be provided as part of
5.14the required accomplishment plan. The
5.15appropriation is available for closings taking
5.16place after April 30, 2010. This is the first of
5.17two planned appropriations for this program.
5.21$2,900,000 in fiscal year 2010 is to the
5.22commissioner of natural resources to
5.23acquire land for wildlife management areas.
5.24A list of proposed fee title acquisitions
5.25must be provided as part of the required
5.26accomplishment plan.
5.29$2,528,000 in fiscal year 2010 is to the
5.30commissioner of natural resources for an
5.31agreement with Ducks Unlimited, Inc. to
5.32restore and enhance shallow lake habitats.
5.33Up to $400,000 of this appropriation may
5.34be used for permanent easements related to
5.35shallow lake restorations and enhancements.
5.36A list of proposed easements and projects,
6.1describing the types and locations of
6.2easements, restorations, and enhancements,
6.3must be provided as part of the required
6.4accomplishment plan. The commissioner
6.5of natural resources must agree to each
6.6easement, restoration, and enhancement.
6.9$5,600,000 in fiscal year 2010 is to the
6.10commissioner of natural resources for
6.11an agreement with Pheasants Forever to
6.12acquire and restore wetland and related
6.13upland habitats, in cooperation with the
6.14United States Fish and Wildlife Service
6.15and Ducks Unlimited, Inc., to be managed
6.16as waterfowl production areas. A list of
6.17proposed acquisitions and a list of proposed
6.18projects, describing the types and locations
6.19of restorations, must be provided as part of
6.20the required accomplishment plan.
6.23$9,058,000 in fiscal year 2010 is to the Board
6.24of Water and Soil Resources to acquire
6.25permanent easements and restore wetlands
6.26and associated uplands in cooperation with
6.27the United States Department of Agriculture
6.28Wetlands Reserve Program. A list of
6.29proposed acquisitions and a list of proposed
6.30projects, describing the types and locations
6.31of restorations, must be provided as part of
6.32the required accomplishment plan.
6.34$450,000 in fiscal year 2010 is to the
6.35commissioner of natural resources for an
7.1agreement with Ducks Unlimited, Inc. to
7.2protect habitat by acquiring land associated
7.3with shallow lakes. A list of proposed
7.4acquisitions must be provided as part of
7.5the required accomplishment plan. The
7.6commissioner of natural resources must
7.7agree to each proposed acquisition.
7.11$4,000,000 in fiscal year 2010 is to the
7.12commissioner of natural resources to
7.13provide competitive, matching grants of up to
7.14$400,000 to local, regional, state, and national
7.15organizations, including government, for
7.16enhancement, restoration, or protection of
7.17forests, wetlands, prairies, and habitat for
7.18fish, game, or wildlife in Minnesota. Up
7.19to 2-1/2 percent of this appropriation may
7.20be used for administering the grant. The
7.21funds may be advanced in three equal sums,
7.22on or after November 1, 2009, February
7.231, 2010, and April 1, 2010. Grantees may
7.24protect land through acquisition of land
7.25or interests in land. Easements must be
7.26permanent. Land acquired in fee must
7.27be open to hunting and fishing during the
7.28open season unless otherwise provided by
7.29state law. The commissioner of natural
7.30resources must agree to each proposed
7.31acquisition of land or interest in land.
7.32The program shall require a match of at
7.33least $1 nonstate funds to $10 state funds.
7.34Nonstate dollars match may be in-kind. The
7.35criteria for evaluating grant applications
7.36must include amount of habitat restored,
8.1enhanced, or protected; local support; degree
8.2of collaboration; urgency; multiple benefits;
8.3habitat benefits provided; consistency with
8.4sound conservation science; adjacency to
8.5protected lands; full funding of the project;
8.6supplementing existing funding; public
8.7access for hunting and fishing during the
8.8open season; sustainability; and use of native
8.9plant materials. All projects must conform
8.10to the Minnesota statewide conservation and
8.11preservation plan. Wildlife habitat projects
8.12must also conform to the state wildlife action
8.13plan. All restoration or enhancement projects
8.14must be on land permanently protected by
8.15conservation easement or public ownership.
8.16To the extent possible, prairie restorations
8.17conducted with money appropriated in this
8.18section must plant vegetation or sow seed
8.19only of ecotypes native to Minnesota, and
8.20preferably of the local ecotype, using a high
8.21diversity of species originating from as
8.22close to the restoration site as possible, and
8.23protect existing native prairies from genetic
8.24contamination. Subdivision 10 applies to
8.25grants awarded under this paragraph. This
8.26appropriation is available until June 30,
8.272013, at which time all grant projects must
8.28be completed and final products delivered,
8.29unless an earlier date is specified in the grant
8.30agreement. No less than 15 percent of the
8.31amount of each grant must be held back from
8.32reimbursement until the grant recipient has
8.33completed a grant accomplishment report in
8.34the form prescribed by and satisfactory to the
8.35Lessard Outdoor Heritage Council.
9.1$5,748,000 in fiscal year 2010 is to the
9.2commissioner of natural resources to acquire
9.3land in fee title and easement to be added to
9.4the state aquatic management area system.
9.5Acquired land must remain open to hunting
9.6and fishing, consistent with the capacity
9.7of the land, during the open season, as
9.8determined by the commissioner of natural
9.9resources. A list of proposed fee title and
9.10easement acquisitions must be provided as
9.11part of the required accomplishment plan.
9.14$2,050,000 in fiscal year 2010 is to the
9.15commissioner of natural resources for
9.16an agreement with Trout Unlimited to
9.17restore, enhance, and protect cold water
9.18river and stream habitats in Minnesota. A
9.19list of proposed acquisitions and a list of
9.20proposed projects, describing the types and
9.21locations of restorations and enhancements,
9.22must be provided as part of the required
9.23accomplishment plan. The commissioner
9.24of natural resources must agree to each
9.25proposed acquisition, restoration, and
9.26enhancement.
9.28$1,000,000 in fiscal year 2010 is to the
9.29commissioner of natural resources for
9.30an agreement with Dakota County for
9.31acquisition of permanent easements. A list
9.32of proposed acquisitions must be provided as
9.33part of the required accomplishment plan.
10.1$450,000 in fiscal year 2010 is to the
10.2commissioner of natural resources for an
10.3agreement with the Three Rivers Park
10.4District to improve the water quality in Lake
10.5Rebecca in Lake Rebecca Park Reserve
10.6in Hennepin County. A description of the
10.7activities to enhance fish habitat in Lake
10.8Rebecca must be provided as part of the
10.9required accomplishment plan.
10.11$655,000 in fiscal year 2010 is to the
10.12commissioner of natural resources for
10.13an agreement with the Shell Rock River
10.14Watershed District to construct fish barriers
10.15at three locations on Fountain Lake. Land
10.16acquisition necessary for fish barrier
10.17construction is permitted. A list of proposed
10.18projects, describing the types and locations
10.19of barriers, must be provided as part of
10.20the required accomplishment plan. The
10.21commissioner of natural resources must
10.22agree to each proposed barrier.
10.25$175,000 in fiscal year 2010 is to the
10.26commissioner of natural resources for
10.27contract management, in fiscal years 2010
10.28and 2011, for duties assigned in this section.
10.30$695,000 in fiscal year 2010 is to the
10.31Legislative Coordinating Commission for
10.32administrative expenses of the Lessard
10.33Outdoor Heritage Council and for
10.34compensation and expense reimbursement
11.1of council members. Up to $100,000 may
11.2be transferred to the game and fish fund as
11.3reimbursement for advances to the Lessard
11.4Outdoor Heritage Council made in fiscal
11.5year 2009.
11.7Unless otherwise provided, the amounts in
11.8this section are available until June 30, 2011,
11.9when projects must be completed and final
11.10accomplishments reported. For acquisition
11.11of an interest in real property, the amounts in
11.12this section are available until June 30, 2012.
11.13If a project receives federal funds, the time
11.14period of the appropriation is extended to
11.15equal the availability of federal funding.
11.17When the operations of the outdoor heritage
11.18fund would be impeded by projected cash
11.19deficiencies resulting from delays in the
11.20receipt of dedicated income, and when the
11.21deficiencies would be corrected within fiscal
11.22year 2010, the commissioner of finance may
11.23use fund-level cash reserves to meet cash
11.24demands of the outdoor heritage fund. If
11.25funds are transferred from the general fund to
11.26meet cash flow needs, the cash flow transfers
11.27must be returned to the general fund as soon
11.28as sufficient cash balances are available
11.29in the outdoor heritage fund. Any interest
11.30earned on general fund cash flow transfers
11.31accrues to the general fund and not to the
11.32outdoor heritage fund.
12.1It is a condition of acceptance of the
12.2appropriations made by this section that the
12.3agency or entity using the appropriation shall
12.4submit to the council an accomplishment
12.5plan and periodic accomplishment reports in
12.6the form determined by the Lessard Outdoor
12.7Heritage Council. The accomplishment plan
12.8must account for the use of the appropriation
12.9and outcomes of the expenditure in measures
12.10of wetlands, prairies, forests, and fish, game,
12.11and wildlife habitat restored, protected, and
12.12enhanced. The plan must include evaluation
12.13of results. None of the money provided
12.14in this section may be expended unless
12.15the council has approved the pertinent
12.16accomplishment plan.
12.18(a) As a condition of accepting an
12.19appropriation in this section, any agency or
12.20entity receiving an appropriation must, for
12.21any project funded in whole or in part with
12.22funds from the appropriation:
12.23(1) plant vegetation or sow seed only
12.24of ecotypes native to Minnesota, and
12.25preferably of the local ecotype, using a
12.26high diversity of species originating from
12.27as close to the restoration site as possible,
12.28and protect existing native prairies from
12.29genetic contamination, to the extent possible
12.30if conducting prairie restorations is a
12.31component of the accomplishment plan;
12.32(2) provide that all easements:
12.33(i) are permanent;
12.34(ii) specify the parties to an easement in the
12.35easement;
13.1(iii) specify all of the provisions of an
13.2agreement that are permanent;
13.3(iv) are sent to the office of the Lessard
13.4Outdoor Heritage Council; and
13.5(v) include a long-term stewardship plan and
13.6funding for monitoring and enforcing the
13.7easement agreement;
13.8(3) for all restorations, prepare an ecological
13.9restoration and management plan that, to
13.10the degree practicable, is consistent with the
13.11highest quality conservation and ecological
13.12goals for the restoration site. Consideration
13.13should be given to soil, geology, topography,
13.14and other relevant factors that would provide
13.15the best chance for long-term success of the
13.16restoration projects. The plan shall include
13.17the proposed timetable for implementing
13.18the restoration, including, but not limited
13.19to, site preparation, establishment of
13.20diverse plant species, maintenance, and
13.21additional enhancement to establish the
13.22restoration; identify long-term maintenance
13.23and management needs of the restoration
13.24and how the maintenance, management, and
13.25enhancement will be financed; and use the
13.26best available science to achieve the best
13.27restoration;
13.28(4) for new lands acquired, prepare a
13.29restoration and management plan in
13.30compliance with clause (3), including
13.31identification of sufficient funding for
13.32implementation;
13.33(5) to ensure public accountability for the
13.34use of public funds, provide to the Lessard
13.35Outdoor Heritage Council documentation
14.1of the selection process used to identify
14.2parcels acquired and provide documentation
14.3of all related transaction costs, including
14.4but not limited to appraisals, legal fees,
14.5recording fees, commissions, other similar
14.6costs, and donations. This information must
14.7be provided for all parties involved in the
14.8transaction. The recipient shall also report to
14.9the Lessard Outdoor Heritage Council any
14.10difference between the acquisition amount
14.11paid to the seller and the state-certified or
14.12state-reviewed appraisal. Acquisition data
14.13such as appraisals may remain private during
14.14negotiations but must ultimately be made
14.15public according to Minnesota Statutes,
14.16chapter 13;
14.17(6) provide that all restoration and
14.18enhancement projects are on land
14.19permanently protected by conservation
14.20easement or public ownership;
14.21(7) to the extent the appropriation is used to
14.22acquire an interest in real property, provide
14.23to the Lessard Outdoor Heritage Council and
14.24the commissioner of finance an analysis of
14.25increased operations and maintenance costs
14.26likely to be incurred by public entities as
14.27a result of the acquisition and of how these
14.28costs may be paid for; and
14.29(8) give consideration to contracting with the
14.30Minnesota Conservation Corps for contract
14.31restoration and enhancement services.
14.32(b) The Lessard Outdoor Heritage Council
14.33may waive the application of paragraph (a),
14.34clause (5), for specific projects.
15.3All agreements, grants, or contracts referred
15.4to in this section must be administered on
15.5a reimbursement basis unless otherwise
15.6provided in this section. Payments for
15.7reimbursement may not be made before
15.8November 1, 2009. Notwithstanding
15.9Minnesota Statutes, section 16A.41,
15.10expenditures directly related to each
15.11appropriation's purpose made on or after July
15.121, 2009, are eligible for reimbursement unless
15.13otherwise provided in this section. Periodic
15.14payment must be made upon receiving
15.15documentation that the deliverable items
15.16articulated in the approved accomplishment
15.17plan have been achieved, including partial
15.18achievements as evidenced by approved
15.19progress reports. Reasonable amounts may
15.20be advanced to projects to accommodate
15.21cash flow needs or to match federal share.
15.22The advances must be approved as part of
15.23the accomplishment plan. Capital equipment
15.24expenditures in excess of $10,000 must be
15.25approved as part of the accomplishment plan.
15.28A political subdivision, public or private
15.29corporation, or other entity that receives an
15.30appropriation in this section must use the
15.31appropriation in compliance with Minnesota
15.32Statutes, sections 16B.121, regarding
15.33purchase of recycled, repairable, and durable
15.34materials, and 16B.122, regarding purchase
15.35and use of paper stock and printing.
16.2Structural and nonstructural facilities must
16.3meet the design standards in the Americans
16.4with Disabilities Act (ADA) accessibility
16.5guidelines.
16.7(a) An interest in real property, including but
16.8not limited to an easement or fee title, that
16.9is acquired with money appropriated under
16.10this section must be used in perpetuity or for
16.11the specific term of an easement interest for
16.12the purpose for which the appropriation was
16.13made.
16.14(b) A recipient of funding who acquires
16.15an interest in real property subject to this
16.16subdivision may not alter the intended use of
16.17the interest in real property or convey any
16.18interest in the real property acquired with the
16.19appropriation without the prior review and
16.20approval of the Lessard Outdoor Heritage
16.21Council or its successor. The council shall
16.22establish procedures to review requests from
16.23recipients to alter the use of or convey an
16.24interest in real property. These procedures
16.25shall allow for the replacement of the interest
16.26in real property with another interest in real
16.27property meeting the following criteria:
16.28(1) the interest is at least equal in fair market
16.29value, as certified by the commissioner
16.30of natural resources, to the interest being
16.31replaced; and
16.32(2) the interest is in a reasonably equivalent
16.33location and has a reasonably equivalent
17.1useful conservation purpose compared to the
17.2interest being replaced.
17.3(c) A recipient of funding who acquires an
17.4interest in real property under paragraph
17.5(a) must separately record a notice of
17.6funding restrictions in the appropriate local
17.7government office where the conveyance
17.8of the interest in real property is filed. The
17.9notice of funding agreement must contain:
17.10(1) a legal description of the interest in real
17.11property covered by the funding agreement;
17.12(2) a reference to the underlying funding
17.13agreement;
17.14(3) a reference to this section; and
17.15(4) the following statement: "This interest
17.16in real property shall be administered in
17.17accordance with the terms, conditions, and
17.18purposes of the grant agreement controlling
17.19the acquisition of the property. The interest
17.20in real property, or any portion of the interest
17.21in real property, shall not be sold, transferred,
17.22pledged, or otherwise disposed of or further
17.23encumbered without obtaining the prior
17.24written approval of the Lessard Outdoor
17.25Heritage Council or its successor. If the
17.26holder of the interest in real property fails to
17.27comply with the terms and conditions of the
17.28grant agreement or work program, ownership
17.29of the interest in real property shall transfer
17.30to the state."
17.32By December 1 each year, a recipient of
17.33money appropriated under this section that
17.34is used for the acquisition of an interest in
18.1real property, including but not limited to an
18.2easement or fee title, must submit annual
18.3reports on the status of the real property to
18.4the Lessard Outdoor Heritage Council or
18.5its successor in a form determined by the
18.6council. The responsibility for reporting
18.7under this section may be transferred by
18.8the recipient of the appropriation to another
18.9person or entity that holds the interest in the
18.10real property. To complete the transfer of
18.11reporting responsibility, the recipient of the
18.12appropriation must:
18.13(1) inform the person to whom the
18.14responsibility is transferred of that person's
18.15reporting responsibility;
18.16(2) inform the person to whom the
18.17responsibility is transferred of the property
18.18restrictions under subdivision 14; and
18.19(3) provide written notice to the council
18.20of the transfer of reporting responsibility,
18.21including contact information for the person
18.22to whom the responsibility is transferred.
18.23Before the transfer, the entity receiving
18.24the transfer of property must certify to the
18.25Lessard Outdoor Heritage Council, or its
18.26successor, acceptance of all obligations and
18.27responsibilities held by the prior owner.
18.28After the transfer, the person or entity that
18.29holds the interest in the real property is
18.30responsible for reporting requirements under
18.31this section.
18.33All reports submitted to the Lessard Outdoor
18.34Heritage Council by recipients of money
18.35appropriated under this section must also
19.1submit the reports to the commissioner of
19.2finance. The commissioner must maintain
19.3a Web site with a searchable data base
19.4providing the public with information on
19.5expenditures from the outdoor heritage fund.
19.6To the extent practical the commissioner
19.7must use systems developed to track
19.8expenditure of federal money under the
19.9American Recovery and Reinvestment Act to
19.10track expenditures from the outdoor heritage
19.11fund.
1.3resources.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.5 |
Section 1. OUTDOOR HERITAGE APPROPRIATION. |
||||||
1.7agencies and for the purposes specified in this act. The appropriations are from the
1.8outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
1.9figures "2010" and "2011" used in this act mean that the appropriations listed under them
1.10are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The
1.11first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is
1.12fiscal years 2010 and 2011.
| 1.13 |
APPROPRIATIONS |
||||||
| 1.14 |
Available for the Year |
||||||
| 1.15 |
Ending June 30 |
||||||
| 1.16 |
2010 |
2011 |
|||||
| 1.17 |
Sec. 2. OUTDOOR HERITAGE |
||||||
| 1.18 |
Subdivision 1.Total Appropriation |
$ |
69,522,000 |
$ |
-0- |
||
1.20heritage fund.
1.21The amounts that may be spent for each
1.22purpose are specified in the following
1.23subdivisions.
| 2.1 |
Subd. 2.Prairies |
14,213,000 |
-0- |
||||
| 2.2 2.3 |
(a) Accelerated Prairie and Grassland Management |
||||||
2.5commissioner of natural resources to
2.6accelerate the restoration and enhancement
2.7of native prairie vegetation on public
2.8lands, including roadsides. A list of
2.9proposed projects, describing the types and
2.10locations of restorations and enhancements,
2.11must be provided as part of the required
2.12accomplishment plan. To the extent possible,
2.13prairie restorations conducted with money
2.14appropriated in this section must plant
2.15vegetation or sow seed only of ecotypes
2.16native to Minnesota, and preferably of the
2.17local ecotype, using a high diversity of
2.18species originating from as close to the
2.19restoration site as possible, and protect
2.20existing native prairies from genetic
2.21contamination.
| 2.22 |
(b) Green Corridor Legacy Program |
||||||
2.24commissioner of natural resources for an
2.25agreement with the Southwest Initiative
2.26Foundation to acquire land in Redwood
2.27County to be added to the state outdoor
2.28recreation system. A list of proposed fee
2.29title acquisitions must be provided as part
2.30of the required accomplishment plan. The
2.31commissioner of natural resources must
2.32agree to each proposed acquisition. No more
2.33than five percent of this appropriation may
2.34be spent on professional services directly
2.35related to this appropriation's purposes.
| 3.1 3.2 |
(c) Prairie Heritage Fund – Acquisition and Restoration |
||||||
3.4commissioner of natural resources for
3.5an agreement with Pheasants Forever to
3.6acquire and restore land to be added to the
3.7state wildlife management area system.
3.8A list of proposed fee title acquisitions
3.9and a list of proposed restoration projects,
3.10describing the types and locations of
3.11restorations, must be provided as part of
3.12the required accomplishment plan. The
3.13commissioner of natural resources must
3.14agree to each proposed acquisition. To
3.15the extent possible, prairie restorations
3.16conducted with money appropriated in this
3.17section must plant vegetation or sow seed
3.18only of ecotypes native to Minnesota, and
3.19preferably of the local ecotype, using a high
3.20diversity of species originating from as
3.21close to the restoration site as possible, and
3.22protect existing native prairies from genetic
3.23contamination.
| 3.24 3.25 |
(d) Accelerated Prairie Grassland Wildlife Management Area Acquisition |
||||||
3.27commissioner of natural resources to
3.28acquire land for wildlife management areas
3.29with native prairie or grassland habitats.
3.30A list of proposed fee title acquisitions
3.31must be provided as part of the required
3.32accomplishment plan.
| 3.33 3.34 |
(e) Northern Tall Grass Prairie National Wildlife Refuge Protection |
||||||
3.36commissioner of natural resources for an
4.1agreement with the United States Fish
4.2and Wildlife Service to acquire land or
4.3permanent easements within the Northern
4.4Tall Grass Prairie Habitat Preservation Area
4.5in western Minnesota. The commissioner
4.6may advance funds to the United States Fish
4.7and Wildlife Service. A list of proposed fee
4.8title and permanent easement acquisitions
4.9must be provided as part of the required
4.10accomplishment plan.
| 4.11 |
(f) Bluffland Prairie Protection Initiative |
||||||
4.13commissioner of natural resources for an
4.14agreement with the Minnesota Land Trust
4.15to acquire permanent easements protecting
4.16critical prairie and grassland habitats in the
4.17blufflands in southeastern Minnesota. A list
4.18of proposed fee title and permanent easement
4.19acquisitions must be provided as part of the
4.20required accomplishment plan.
| 4.21 |
(g) Rum River – Cedar Creek Initiative |
||||||
4.23commissioner of natural resources for an
4.24agreement with Anoka County to acquire
4.25land at the confluence of the Rum River and
4.26Cedar Creek in Anoka County. Acquired
4.27land must remain open to hunting and
4.28fishing, consistent with the capacity of the
4.29land, during the open season, as determined
4.30by the commissioner of natural resources.
4.31This is the first of two planned appropriations
4.32for this acquisition.
| 4.33 |
Subd. 3.Forests |
20,000,000 |
-0- |
||||
5.2commissioner of natural resources to acquire
5.3land or permanent working forest easements
5.4on private forests in areas identified through
5.5the state forest for the future program.
5.6Priority must be given to acquiring land
5.7or interests in private lands within existing
5.8Minnesota state forest boundaries. Any
5.9easements acquired must have a forest
5.10management plan as described in Minnesota
5.11Statutes, section 290C.02, subdivision 7.
5.12A list of proposed fee title and easement
5.13acquisitions must be provided as part of
5.14the required accomplishment plan. The
5.15appropriation is available for closings taking
5.16place after April 30, 2010. This is the first of
5.17two planned appropriations for this program.
| 5.18 |
Subd. 4.Wetlands |
20,836,000 |
-0- |
||||
| 5.19 5.20 |
(a) Accelerated Wildlife Management Area Acquisition |
||||||
5.22commissioner of natural resources to
5.23acquire land for wildlife management areas.
5.24A list of proposed fee title acquisitions
5.25must be provided as part of the required
5.26accomplishment plan.
| 5.27 5.28 |
(b) Accelerated Shallow Lake Restorations and Enhancements |
||||||
5.30commissioner of natural resources for an
5.31agreement with Ducks Unlimited, Inc. to
5.32restore and enhance shallow lake habitats.
5.33Up to $400,000 of this appropriation may
5.34be used for permanent easements related to
5.35shallow lake restorations and enhancements.
5.36A list of proposed easements and projects,
6.1describing the types and locations of
6.2easements, restorations, and enhancements,
6.3must be provided as part of the required
6.4accomplishment plan. The commissioner
6.5of natural resources must agree to each
6.6easement, restoration, and enhancement.
| 6.7 6.8 |
(c) Accelerate the Waterfowl Production Area Program in Minnesota |
||||||
6.10commissioner of natural resources for
6.11an agreement with Pheasants Forever to
6.12acquire and restore wetland and related
6.13upland habitats, in cooperation with the
6.14United States Fish and Wildlife Service
6.15and Ducks Unlimited, Inc., to be managed
6.16as waterfowl production areas. A list of
6.17proposed acquisitions and a list of proposed
6.18projects, describing the types and locations
6.19of restorations, must be provided as part of
6.20the required accomplishment plan.
| 6.21 6.22 |
(d) Reinvest in Minnesota Wetlands Reserve Program Acquisition and Restoration |
||||||
6.24of Water and Soil Resources to acquire
6.25permanent easements and restore wetlands
6.26and associated uplands in cooperation with
6.27the United States Department of Agriculture
6.28Wetlands Reserve Program. A list of
6.29proposed acquisitions and a list of proposed
6.30projects, describing the types and locations
6.31of restorations, must be provided as part of
6.32the required accomplishment plan.
| 6.33 |
(e) Shallow Lake Critical Shoreland |
||||||
6.35commissioner of natural resources for an
7.1agreement with Ducks Unlimited, Inc. to
7.2protect habitat by acquiring land associated
7.3with shallow lakes. A list of proposed
7.4acquisitions must be provided as part of
7.5the required accomplishment plan. The
7.6commissioner of natural resources must
7.7agree to each proposed acquisition.
| 7.8 |
Subd. 5.Fish, Game, and Wildlife Habitat |
13,903,000 |
-0- |
||||
| 7.9 7.10 |
(a) Outdoor Heritage Conservation Partners Grant Program |
||||||
7.12commissioner of natural resources to
7.13provide competitive, matching grants of up to
7.14$400,000 to local, regional, state, and national
7.15organizations, including government, for
7.16enhancement, restoration, or protection of
7.17forests, wetlands, prairies, and habitat for
7.18fish, game, or wildlife in Minnesota. Up
7.19to 2-1/2 percent of this appropriation may
7.20be used for administering the grant. The
7.21funds may be advanced in three equal sums,
7.22on or after November 1, 2009, February
7.231, 2010, and April 1, 2010. Grantees may
7.24protect land through acquisition of land
7.25or interests in land. Easements must be
7.26permanent. Land acquired in fee must
7.27be open to hunting and fishing during the
7.28open season unless otherwise provided by
7.29state law. The commissioner of natural
7.30resources must agree to each proposed
7.31acquisition of land or interest in land.
7.32The program shall require a match of at
7.33least $1 nonstate funds to $10 state funds.
7.34Nonstate dollars match may be in-kind. The
7.35criteria for evaluating grant applications
7.36must include amount of habitat restored,
8.1enhanced, or protected; local support; degree
8.2of collaboration; urgency; multiple benefits;
8.3habitat benefits provided; consistency with
8.4sound conservation science; adjacency to
8.5protected lands; full funding of the project;
8.6supplementing existing funding; public
8.7access for hunting and fishing during the
8.8open season; sustainability; and use of native
8.9plant materials. All projects must conform
8.10to the Minnesota statewide conservation and
8.11preservation plan. Wildlife habitat projects
8.12must also conform to the state wildlife action
8.13plan. All restoration or enhancement projects
8.14must be on land permanently protected by
8.15conservation easement or public ownership.
8.16To the extent possible, prairie restorations
8.17conducted with money appropriated in this
8.18section must plant vegetation or sow seed
8.19only of ecotypes native to Minnesota, and
8.20preferably of the local ecotype, using a high
8.21diversity of species originating from as
8.22close to the restoration site as possible, and
8.23protect existing native prairies from genetic
8.24contamination. Subdivision 10 applies to
8.25grants awarded under this paragraph. This
8.26appropriation is available until June 30,
8.272013, at which time all grant projects must
8.28be completed and final products delivered,
8.29unless an earlier date is specified in the grant
8.30agreement. No less than 15 percent of the
8.31amount of each grant must be held back from
8.32reimbursement until the grant recipient has
8.33completed a grant accomplishment report in
8.34the form prescribed by and satisfactory to the
8.35Lessard Outdoor Heritage Council.
| 8.36 |
(b) Aquatic Management Area Acquisition |
||||||
9.2commissioner of natural resources to acquire
9.3land in fee title and easement to be added to
9.4the state aquatic management area system.
9.5Acquired land must remain open to hunting
9.6and fishing, consistent with the capacity
9.7of the land, during the open season, as
9.8determined by the commissioner of natural
9.9resources. A list of proposed fee title and
9.10easement acquisitions must be provided as
9.11part of the required accomplishment plan.
| 9.12 9.13 |
(c) Cold Water River and Stream Restoration, Protection, and Enhancement |
||||||
9.15commissioner of natural resources for
9.16an agreement with Trout Unlimited to
9.17restore, enhance, and protect cold water
9.18river and stream habitats in Minnesota. A
9.19list of proposed acquisitions and a list of
9.20proposed projects, describing the types and
9.21locations of restorations and enhancements,
9.22must be provided as part of the required
9.23accomplishment plan. The commissioner
9.24of natural resources must agree to each
9.25proposed acquisition, restoration, and
9.26enhancement.
| 9.27 |
(d) Dakota County Habitat Protection |
||||||
9.29commissioner of natural resources for
9.30an agreement with Dakota County for
9.31acquisition of permanent easements. A list
9.32of proposed acquisitions must be provided as
9.33part of the required accomplishment plan.
| 9.34 9.35 |
(e) Lake Rebecca Water Quality Improvement Project |
||||||
10.2commissioner of natural resources for an
10.3agreement with the Three Rivers Park
10.4District to improve the water quality in Lake
10.5Rebecca in Lake Rebecca Park Reserve
10.6in Hennepin County. A description of the
10.7activities to enhance fish habitat in Lake
10.8Rebecca must be provided as part of the
10.9required accomplishment plan.
| 10.10 |
(f) Fountain Lake Fish Barriers |
||||||
10.12commissioner of natural resources for
10.13an agreement with the Shell Rock River
10.14Watershed District to construct fish barriers
10.15at three locations on Fountain Lake. Land
10.16acquisition necessary for fish barrier
10.17construction is permitted. A list of proposed
10.18projects, describing the types and locations
10.19of barriers, must be provided as part of
10.20the required accomplishment plan. The
10.21commissioner of natural resources must
10.22agree to each proposed barrier.
| 10.23 |
Subd. 6.Administration and Other |
870,000 |
-0- |
||||
| 10.24 |
(a) Contract Management |
||||||
10.26commissioner of natural resources for
10.27contract management, in fiscal years 2010
10.28and 2011, for duties assigned in this section.
| 10.29 |
(b) Legislative Coordinating Commission |
||||||
10.31Legislative Coordinating Commission for
10.32administrative expenses of the Lessard
10.33Outdoor Heritage Council and for
10.34compensation and expense reimbursement
11.1of council members. Up to $100,000 may
11.2be transferred to the game and fish fund as
11.3reimbursement for advances to the Lessard
11.4Outdoor Heritage Council made in fiscal
11.5year 2009.
| 11.6 |
Subd. 7.Availability of Appropriation |
||||||
11.8this section are available until June 30, 2011,
11.9when projects must be completed and final
11.10accomplishments reported. For acquisition
11.11of an interest in real property, the amounts in
11.12this section are available until June 30, 2012.
11.13If a project receives federal funds, the time
11.14period of the appropriation is extended to
11.15equal the availability of federal funding.
| 11.16 |
Subd. 8.Cash Advances |
||||||
11.18fund would be impeded by projected cash
11.19deficiencies resulting from delays in the
11.20receipt of dedicated income, and when the
11.21deficiencies would be corrected within fiscal
11.22year 2010, the commissioner of finance may
11.23use fund-level cash reserves to meet cash
11.24demands of the outdoor heritage fund. If
11.25funds are transferred from the general fund to
11.26meet cash flow needs, the cash flow transfers
11.27must be returned to the general fund as soon
11.28as sufficient cash balances are available
11.29in the outdoor heritage fund. Any interest
11.30earned on general fund cash flow transfers
11.31accrues to the general fund and not to the
11.32outdoor heritage fund.
| 11.33 |
Subd. 9.Accomplishment Plans |
||||||
12.2appropriations made by this section that the
12.3agency or entity using the appropriation shall
12.4submit to the council an accomplishment
12.5plan and periodic accomplishment reports in
12.6the form determined by the Lessard Outdoor
12.7Heritage Council. The accomplishment plan
12.8must account for the use of the appropriation
12.9and outcomes of the expenditure in measures
12.10of wetlands, prairies, forests, and fish, game,
12.11and wildlife habitat restored, protected, and
12.12enhanced. The plan must include evaluation
12.13of results. None of the money provided
12.14in this section may be expended unless
12.15the council has approved the pertinent
12.16accomplishment plan.
| 12.17 |
Subd. 10.Project Requirements |
||||||
12.19appropriation in this section, any agency or
12.20entity receiving an appropriation must, for
12.21any project funded in whole or in part with
12.22funds from the appropriation:
12.23(1) plant vegetation or sow seed only
12.24of ecotypes native to Minnesota, and
12.25preferably of the local ecotype, using a
12.26high diversity of species originating from
12.27as close to the restoration site as possible,
12.28and protect existing native prairies from
12.29genetic contamination, to the extent possible
12.30if conducting prairie restorations is a
12.31component of the accomplishment plan;
12.32(2) provide that all easements:
12.33(i) are permanent;
12.34(ii) specify the parties to an easement in the
12.35easement;
13.1(iii) specify all of the provisions of an
13.2agreement that are permanent;
13.3(iv) are sent to the office of the Lessard
13.4Outdoor Heritage Council; and
13.5(v) include a long-term stewardship plan and
13.6funding for monitoring and enforcing the
13.7easement agreement;
13.8(3) for all restorations, prepare an ecological
13.9restoration and management plan that, to
13.10the degree practicable, is consistent with the
13.11highest quality conservation and ecological
13.12goals for the restoration site. Consideration
13.13should be given to soil, geology, topography,
13.14and other relevant factors that would provide
13.15the best chance for long-term success of the
13.16restoration projects. The plan shall include
13.17the proposed timetable for implementing
13.18the restoration, including, but not limited
13.19to, site preparation, establishment of
13.20diverse plant species, maintenance, and
13.21additional enhancement to establish the
13.22restoration; identify long-term maintenance
13.23and management needs of the restoration
13.24and how the maintenance, management, and
13.25enhancement will be financed; and use the
13.26best available science to achieve the best
13.27restoration;
13.28(4) for new lands acquired, prepare a
13.29restoration and management plan in
13.30compliance with clause (3), including
13.31identification of sufficient funding for
13.32implementation;
13.33(5) to ensure public accountability for the
13.34use of public funds, provide to the Lessard
13.35Outdoor Heritage Council documentation
14.1of the selection process used to identify
14.2parcels acquired and provide documentation
14.3of all related transaction costs, including
14.4but not limited to appraisals, legal fees,
14.5recording fees, commissions, other similar
14.6costs, and donations. This information must
14.7be provided for all parties involved in the
14.8transaction. The recipient shall also report to
14.9the Lessard Outdoor Heritage Council any
14.10difference between the acquisition amount
14.11paid to the seller and the state-certified or
14.12state-reviewed appraisal. Acquisition data
14.13such as appraisals may remain private during
14.14negotiations but must ultimately be made
14.15public according to Minnesota Statutes,
14.16chapter 13;
14.17(6) provide that all restoration and
14.18enhancement projects are on land
14.19permanently protected by conservation
14.20easement or public ownership;
14.21(7) to the extent the appropriation is used to
14.22acquire an interest in real property, provide
14.23to the Lessard Outdoor Heritage Council and
14.24the commissioner of finance an analysis of
14.25increased operations and maintenance costs
14.26likely to be incurred by public entities as
14.27a result of the acquisition and of how these
14.28costs may be paid for; and
14.29(8) give consideration to contracting with the
14.30Minnesota Conservation Corps for contract
14.31restoration and enhancement services.
14.32(b) The Lessard Outdoor Heritage Council
14.33may waive the application of paragraph (a),
14.34clause (5), for specific projects.
| 15.1 15.2 |
Subd. 11.Payment Conditions and Capital Equipment Expenditures |
||||||
15.4to in this section must be administered on
15.5a reimbursement basis unless otherwise
15.6provided in this section. Payments for
15.7reimbursement may not be made before
15.8November 1, 2009. Notwithstanding
15.9Minnesota Statutes, section 16A.41,
15.10expenditures directly related to each
15.11appropriation's purpose made on or after July
15.121, 2009, are eligible for reimbursement unless
15.13otherwise provided in this section. Periodic
15.14payment must be made upon receiving
15.15documentation that the deliverable items
15.16articulated in the approved accomplishment
15.17plan have been achieved, including partial
15.18achievements as evidenced by approved
15.19progress reports. Reasonable amounts may
15.20be advanced to projects to accommodate
15.21cash flow needs or to match federal share.
15.22The advances must be approved as part of
15.23the accomplishment plan. Capital equipment
15.24expenditures in excess of $10,000 must be
15.25approved as part of the accomplishment plan.
| 15.26 15.27 |
Subd. 12.Purchase of Recycled and Recyclable Materials |
||||||
15.29corporation, or other entity that receives an
15.30appropriation in this section must use the
15.31appropriation in compliance with Minnesota
15.32Statutes, sections 16B.121, regarding
15.33purchase of recycled, repairable, and durable
15.34materials, and 16B.122, regarding purchase
15.35and use of paper stock and printing.
| 16.1 |
Subd. 13.Accessibility |
||||||
16.3meet the design standards in the Americans
16.4with Disabilities Act (ADA) accessibility
16.5guidelines.
| 16.6 |
Subd. 14.Land Acquisition Restrictions |
||||||
16.8not limited to an easement or fee title, that
16.9is acquired with money appropriated under
16.10this section must be used in perpetuity or for
16.11the specific term of an easement interest for
16.12the purpose for which the appropriation was
16.13made.
16.14(b) A recipient of funding who acquires
16.15an interest in real property subject to this
16.16subdivision may not alter the intended use of
16.17the interest in real property or convey any
16.18interest in the real property acquired with the
16.19appropriation without the prior review and
16.20approval of the Lessard Outdoor Heritage
16.21Council or its successor. The council shall
16.22establish procedures to review requests from
16.23recipients to alter the use of or convey an
16.24interest in real property. These procedures
16.25shall allow for the replacement of the interest
16.26in real property with another interest in real
16.27property meeting the following criteria:
16.28(1) the interest is at least equal in fair market
16.29value, as certified by the commissioner
16.30of natural resources, to the interest being
16.31replaced; and
16.32(2) the interest is in a reasonably equivalent
16.33location and has a reasonably equivalent
17.1useful conservation purpose compared to the
17.2interest being replaced.
17.3(c) A recipient of funding who acquires an
17.4interest in real property under paragraph
17.5(a) must separately record a notice of
17.6funding restrictions in the appropriate local
17.7government office where the conveyance
17.8of the interest in real property is filed. The
17.9notice of funding agreement must contain:
17.10(1) a legal description of the interest in real
17.11property covered by the funding agreement;
17.12(2) a reference to the underlying funding
17.13agreement;
17.14(3) a reference to this section; and
17.15(4) the following statement: "This interest
17.16in real property shall be administered in
17.17accordance with the terms, conditions, and
17.18purposes of the grant agreement controlling
17.19the acquisition of the property. The interest
17.20in real property, or any portion of the interest
17.21in real property, shall not be sold, transferred,
17.22pledged, or otherwise disposed of or further
17.23encumbered without obtaining the prior
17.24written approval of the Lessard Outdoor
17.25Heritage Council or its successor. If the
17.26holder of the interest in real property fails to
17.27comply with the terms and conditions of the
17.28grant agreement or work program, ownership
17.29of the interest in real property shall transfer
17.30to the state."
| 17.31 |
Subd. 15.Real Property Interest Report |
||||||
17.33money appropriated under this section that
17.34is used for the acquisition of an interest in
18.1real property, including but not limited to an
18.2easement or fee title, must submit annual
18.3reports on the status of the real property to
18.4the Lessard Outdoor Heritage Council or
18.5its successor in a form determined by the
18.6council. The responsibility for reporting
18.7under this section may be transferred by
18.8the recipient of the appropriation to another
18.9person or entity that holds the interest in the
18.10real property. To complete the transfer of
18.11reporting responsibility, the recipient of the
18.12appropriation must:
18.13(1) inform the person to whom the
18.14responsibility is transferred of that person's
18.15reporting responsibility;
18.16(2) inform the person to whom the
18.17responsibility is transferred of the property
18.18restrictions under subdivision 14; and
18.19(3) provide written notice to the council
18.20of the transfer of reporting responsibility,
18.21including contact information for the person
18.22to whom the responsibility is transferred.
18.23Before the transfer, the entity receiving
18.24the transfer of property must certify to the
18.25Lessard Outdoor Heritage Council, or its
18.26successor, acceptance of all obligations and
18.27responsibilities held by the prior owner.
18.28After the transfer, the person or entity that
18.29holds the interest in the real property is
18.30responsible for reporting requirements under
18.31this section.
| 18.32 |
Subd. 16.Reports to Finance |
||||||
18.34Heritage Council by recipients of money
18.35appropriated under this section must also
19.1submit the reports to the commissioner of
19.2finance. The commissioner must maintain
19.3a Web site with a searchable data base
19.4providing the public with information on
19.5expenditures from the outdoor heritage fund.
19.6To the extent practical the commissioner
19.7must use systems developed to track
19.8expenditure of federal money under the
19.9American Recovery and Reinvestment Act to
19.10track expenditures from the outdoor heritage
19.11fund.