1.1 	A bill for an act
1.2 	relating to state government; appropriating money from constitutionally 
1.3 	dedicated funds and providing for expenditure accountability, administration, 
1.4 	and governance of outdoor heritage, clean water, parks and trails, and arts and 
1.5 	cultural heritage purposes; establishing and modifying grants, programs, fees, 
1.6 	and accounts; requiring reports;amending Minnesota Statutes 2008, sections 
1.7 	3.971, by adding a subdivision; 97A.056, by adding subdivisions; Minnesota 
1.8 	Statutes 2009 Supplement, sections 85.53, subdivision 2; 103G.271, subdivision 
1.9 	6; 114D.50, subdivision 4; 129D.17, subdivision 2; Laws 2009, chapter 172, 
1.10 	article 2, section 4; proposing coding for new law in Minnesota Statutes, chapters 
1.11 	3; 103G; repealing Laws 2009, chapter 172, article 5, section 9.
1.12 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13 	ARTICLE 1
1.14 	OUTDOOR HERITAGE

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

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

2.1	Sec. 2. OUTDOOR HERITAGE

2.2	Subdivision 1.Total Appropriation
 	$
	-0-
	$
	58,939,000
	
2.3 	This appropriation is from the outdoor 
2.4 	heritage fund. The amounts that may be 
2.5 	spent for each purpose are specified in the 
2.6 	following subdivisions.

2.7	Subd. 2.Prairies
 		-0-
		18,093,000

2.8
2.9	(a) Accelerated Prairie Grassland Restoration 
and Enhancement Program on DNR Lands
					
2.10 	$5,833,000 in fiscal year 2011 is to the 
2.11 	commissioner of natural resources to 
2.12 	accelerate the protection, restoration, and 
2.13 	enhancement of native prairie vegetation. 
2.14 	A list of proposed land acquisitions, 
2.15 	restorations, and enhancements, describing 
2.16 	the types and locations of acquisitions, 
2.17 	restorations, and enhancements, must 
2.18 	be provided as part of the required 
2.19 	accomplishment plan. All restorations must 
2.20 	comply with subdivision 9, paragraph (b). 

2.21	(b) The Green Corridor Legacy Program
					
2.22 	$1,651,000 in fiscal year 2011 is to the 
2.23 	commissioner of natural resources for 
2.24 	an agreement with the Redwood Area 
2.25 	Communities Foundation to acquire and 
2.26 	restore land for purposes allowed under 
2.27 	the Minnesota Constitution, article XI, 
2.28 	section 15, in Redwood, Renville, Brown, 
2.29 	Nicollet, Murray, Lyon, Yellow Medicine, 
2.30 	Chippewa, and Cottonwood Counties to be 
2.31 	added to the state outdoor recreation system 
2.32 	as defined in Minnesota Statutes, chapter 
2.33 	86A. A list of proposed fee title acquisitions 
2.34 	must be provided as part of the required 
3.1 	accomplishment plan. The commissioner of 
3.2 	natural resources must agree in writing to 
3.3 	each proposed acquisition. All restorations 
3.4 	must comply with subdivision 9, paragraph 
3.5 	(b). 

3.6
3.7	(c) Prairie Heritage Fund - Acquisition and 
Restoration
					
3.8 	$3,015,000 in fiscal year 2011 is to the 
3.9 	commissioner of natural resources for an 
3.10 	agreement with Pheasants Forever to acquire 
3.11 	and restore land to be added to the state 
3.12 	wildlife management area system. A list 
3.13 	of proposed fee title acquisitions and a list 
3.14 	of proposed restoration projects, describing 
3.15 	the types and locations of restorations, 
3.16 	must be provided as part of the required 
3.17 	accomplishment plan. The commissioner of 
3.18 	natural resources must agree in writing to 
3.19 	each proposed acquisition. All restorations 
3.20 	must comply with subdivision 9, paragraph 
3.21 	(b). 

3.22
3.23	(d) Northern Tallgrass Prairie National 
Wildlife Refuge Protection
					
3.24 	$2,041,000 in fiscal year 2011 is to the 
3.25 	commissioner of natural resources for an 
3.26 	agreement with The Nature Conservancy 
3.27 	to acquire land or permanent easements 
3.28 	within the Northern Tallgrass Prairie Habitat 
3.29 	Preservation Area in western Minnesota for 
3.30 	addition to the Northern Tallgrass Prairie 
3.31 	National Wildlife Refuge. A list of proposed 
3.32 	fee title and permanent easement acquisitions 
3.33 	must be provided as part of the required 
3.34 	accomplishment plan. Land removed from 
3.35 	this program shall transfer to the state. 
4.1 	The accomplishment plan must include an 
4.2 	easement stewardship plan.

4.3	(e) Rum River - Cedar Creek Initiative
					
4.4 	$1,900,000 in fiscal year 2011 is to the 
4.5 	commissioner of natural resources for an 
4.6 	agreement with Anoka County to acquire fee 
4.7 	title to land at the confluence of the Rum 
4.8 	River and Cedar Creek in Anoka County. 
4.9 	Land acquired in fee must remain open to 
4.10 	hunting and fishing, consistent with the 
4.11 	capacity of the land, during the open season, 
4.12 	as determined in writing by the commissioner 
4.13 	of natural resources. All restorations must 
4.14 	comply with subdivision 9, paragraph (b).  

4.15	(f) Minnesota Prairie Recovery Project
					
4.16 	$3,653,000 in fiscal year 2011 is to the 
4.17 	commissioner of natural resources for an 
4.18 	agreement with The Nature Conservancy 
4.19 	for a pilot project to acquire interests in 
4.20 	land and restore and enhance prairie and 
4.21 	prairie/wetland habitat in the prairie regions 
4.22 	of western and southwestern Minnesota. 
4.23 	The Nature Conservancy may acquire land 
4.24 	in fee or through permanent conservation 
4.25 	easements. A list of proposed fee title and 
4.26 	permanent conservation easements, and a list 
4.27 	of proposed restorations and enhancements, 
4.28 	must be provided as part of the required 
4.29 	accomplishment plan. All restorations must 
4.30 	comply with subdivision 9, paragraph (b). 
4.31 	The commissioner of natural resources must 
4.32 	agree in writing to each acquisition of interest 
4.33 	in land, restoration project, and enhancement 
4.34 	project. The accomplishment plan must 
4.35 	include an easement stewardship plan.

5.1	Subd. 3.Forests
 		-0-
		5,603,000

5.2
5.3	(a) Critical Shoreline Habitat Protection 
Program
					
5.4 	$816,000 in fiscal year 2011 is to the 
5.5 	commissioner of natural resources for an 
5.6 	agreement with the Minnesota Land Trust to 
5.7 	acquire permanent conservation easements 
5.8 	protecting critical shoreline habitats in 
5.9 	Koochiching, Cook, Lake, and St. Louis 
5.10 	County portions of the northern forest 
5.11 	area in northern Minnesota and provide 
5.12 	stewardship for those easements. A list of 
5.13 	proposed conservation easement acquisitions 
5.14 	must be provided as part of the required 
5.15 	accomplishment plan. The accomplishment 
5.16 	plan must include an easement stewardship 
5.17 	plan.

5.18
5.19	(b) Protect Key Industrial Forest Land Tracts 
in Central Minnesota
					
5.20 	$594,000 in fiscal year 2011 is to the 
5.21 	commissioner of natural resources for an 
5.22 	agreement with Cass County to acquire lands 
5.23 	that assist with gaining access for restoration 
5.24 	and enhancement purposes to existing public 
5.25 	land tracts. A list of proposed acquisitions 
5.26 	must be provided as part of the required 
5.27 	accomplishment plan.

5.28
5.29	(c) Little Nokasippi River Wildlife 
Management Area
					
5.30 	$843,000 in fiscal year 2011 is to the 
5.31 	commissioner of natural resources 
5.32 	for acceleration of agency programs and 
5.33 	cooperative agreements to acquire interests in 
5.34 	land within the boundaries of the Minnesota 
5.35 	National Guard Army compatible use buffer 
6.1 	(ACUB) program. Of this appropriation, 
6.2 	$225,000 is for the Department of Natural 
6.3 	Resources to acquire land for wildlife 
6.4 	management areas and $618,000 is for an 
6.5 	agreement with the Board of Water and Soil 
6.6 	Resources to acquire permanent conservation 
6.7 	easements. A list of proposed acquisitions 
6.8 	must be provided as part of the required 
6.9 	accomplishment plan.

6.10
6.11	(d) Accelerated Forest Wildlife Habitat 
Program
					
6.12 	$1,791,000 in fiscal year 2011 is to the 
6.13 	commissioner of natural resources for 
6.14 	acceleration of agency programs to acquire, 
6.15 	in fee, land for state forests and restore and 
6.16 	enhance state forest habitat. A list of projects 
6.17 	including proposed fee title acquisitions 
6.18 	and restorations and enhancements must 
6.19 	be provided as part of the required 
6.20 	accomplishment plan. All restorations must 
6.21 	comply with subdivision 9, paragraph (b). 

6.22
6.23	(e) Northeastern Minnesota Sharp-Tailed 
Grouse Habitat
					
6.24 	$1,559,000 in fiscal year 2011 is to the 
6.25 	commissioner of natural resources for an 
6.26 	agreement with Pheasants Forever to acquire 
6.27 	interests in land, and to restore and enhance 
6.28 	habitat for sharp-tailed grouse in Kanabec, 
6.29 	Aitkin, and St. Louis Counties in cooperation 
6.30 	with the Minnesota Sharp-Tailed Grouse 
6.31 	Society. A list of proposed acquisitions 
6.32 	and a list of proposed restorations and 
6.33 	enhancements must be provided as part of 
6.34 	the required accomplishment plan. The 
6.35 	commissioner of natural resources must 
6.36 	agree in writing to each acquisition of interest 
7.1 	in land, restoration project, and enhancement 
7.2 	project. All restorations must comply with 
7.3 	subdivision 9, paragraph (b). 

7.4	Subd. 4.Wetlands
 		-0-
		16,905,000

7.5
7.6	(a) Accelerated Shallow Lake and Wetland 
Enhancement and Restoration Program
					
7.7 	$6,505,000 in fiscal year 2011 is to the 
7.8 	commissioner of natural resources to assess, 
7.9 	enhance, and restore shallow lake and 
7.10 	wetland habitats, to acquire land in fee or 
7.11 	through permanent conservation easements 
7.12 	for shallow lake program restoration, and to 
7.13 	provide stewardship for acquired easements 
7.14 	in cooperation with Ducks Unlimited, Inc. 
7.15 	Of this appropriation, $1,463,000 is for the 
7.16 	Department of Natural Resources agency 
7.17 	program acceleration and $5,042,000 is for 
7.18 	an agreement with Ducks Unlimited, Inc. A 
7.19 	list of proposed projects, describing the types 
7.20 	and locations of land acquisitions, restoration 
7.21 	projects, and enhancement projects, 
7.22 	must be provided as part of the required 
7.23 	accomplishment plan. The commissioner 
7.24 	of natural resources must agree in writing 
7.25 	to each acquisition, restoration project, and 
7.26 	enhancement project. The accomplishment 
7.27 	plan must include an easement stewardship 
7.28 	plan. All restorations must comply with 
7.29 	subdivision 9, paragraph (b).

7.30
7.31	(b) Accelerate the Waterfowl Production Area 
Program in Minnesota
					
7.32 	$3,505,000 in fiscal year 2011 is to the 
7.33 	commissioner of natural resources for an 
7.34 	agreement with Pheasants Forever to acquire 
7.35 	and restore wetland and related upland 
7.36 	habitats, in cooperation with the United 
8.1 	States Fish and Wildlife Service and Ducks 
8.2 	Unlimited, Inc., to be managed as waterfowl 
8.3 	production areas. Land removed from this 
8.4 	program shall transfer to the state. A list of 
8.5 	proposed acquisitions and a list of proposed 
8.6 	projects, describing the types and locations 
8.7 	of restorations, must be provided as part 
8.8 	of the required accomplishment plan. All 
8.9 	restorations must comply with subdivision 
8.10 	9, paragraph (b).

8.11
8.12	(c) Reinvest in Minnesota Wetlands Reserve 
Program Acquisition and Restoration
					
8.13 	$6,895,000 in fiscal year 2011 is to the Board 
8.14 	of Water and Soil Resources to acquire 
8.15 	permanent conservation easements and 
8.16 	restore wetlands and associated uplands 
8.17 	in cooperation with the United States 
8.18 	Department of Agriculture Wetlands Reserve 
8.19 	Program. A list of proposed acquisitions 
8.20 	and a list of proposed projects, describing 
8.21 	the types and locations of restorations, 
8.22 	must be provided as part of the required 
8.23 	accomplishment plan. All restorations must 
8.24 	comply with subdivision 9, paragraph (b).

8.25	Subd. 5.Habitat
 		-0-
		17,563,000

8.26	(a) Metro Big Rivers Habitat Program
					
8.27 	$2,397,000 in fiscal year 2011 is to the 
8.28 	commissioner of natural resources for 
8.29 	agreements for projects to protect, restore, 
8.30 	and enhance natural systems of the Minnesota 
8.31 	River, St. Croix River, Mississippi River, 
8.32 	and their major tributaries as follows: 
8.33 	$500,000 with Minnesota Valley National 
8.34 	Wildlife Refuge Trust, Inc. for fee title land 
8.35 	acquisition, provided that land acquired 
9.1 	with this appropriation shall transfer to 
9.2 	the state if removed from the Minnesota 
9.3 	Valley National Wildlife Refuge; $1,500,000 
9.4 	with the Trust for Public Land for fee title 
9.5 	land acquisition; $227,300 with the Friends 
9.6 	of the Mississippi River for restoration, 
9.7 	enhancement, and conservation easement 
9.8 	acquisition; and $169,700 with Great River 
9.9 	Greening for restoration and enhancement. 
9.10 	The accomplishment plan must include an 
9.11 	easement stewardship plan. All restorations 
9.12 	must comply with subdivision 9, paragraph 
9.13 	(b).

9.14
9.15	(b) Accelerated Aquatic Management Area 
Acquisition
					
9.16 	$3,416,000 in fiscal year 2011 is to the 
9.17 	commissioner of natural resources to 
9.18 	accelerate land acquisition by fee title and 
9.19 	easements to be added to the state aquatic 
9.20 	management area system as defined in 
9.21 	Minnesota Statutes, chapter 86A, and to 
9.22 	restore and enhance stream habitat and lake 
9.23 	habitat. Land acquired in fee must remain 
9.24 	open to hunting and fishing, consistent 
9.25 	with the capacity of the land, during the 
9.26 	open season, as determined in writing by 
9.27 	the commissioner of natural resources. 
9.28 	A list of proposed fee title and easement 
9.29 	acquisitions, stream habitat restorations and 
9.30 	enhancements, and lake habitat restorations 
9.31 	and enhancements must be provided as part 
9.32 	of the required accomplishment plan.

9.33
9.34	(c) Cold Water River and Stream Restoration, 
Protection, and Enhancement
					
9.35 	$1,269,000 in fiscal year 2011 is to the 
9.36 	commissioner of natural resources for 
10.1 	an agreement with Trout Unlimited to 
10.2 	restore, enhance, and protect cold water 
10.3 	river and stream habitats in Minnesota. A 
10.4 	list of proposed acquisitions and a list of 
10.5 	proposed projects, describing the types and 
10.6 	locations of restorations and enhancements, 
10.7 	must be provided as part of the required 
10.8 	accomplishment plan. The commissioner of 
10.9 	natural resources must agree in writing to 
10.10 	each proposed acquisition, restoration, and 
10.11 	enhancement. All restorations must comply 
10.12 	with subdivision 9, paragraph (b).

10.13
10.14	(d) Dakota County Riparian and Lakeshore 
Protection and Restoration
					
10.15 	$2,097,000 in fiscal year 2011 is to the 
10.16 	commissioner of natural resources for 
10.17 	an agreement with Dakota County for 
10.18 	acquisition of permanent easements and 
10.19 	enhancement and restoration of aquatic 
10.20 	and associated upland habitat. A list of 
10.21 	proposed acquisitions and restorations 
10.22 	must be provided as part of the required 
10.23 	accomplishment plan. The accomplishment 
10.24 	plan must include an easement stewardship 
10.25 	plan. All restorations must comply with 
10.26 	subdivision 9, paragraph (b).

10.27	(e) Valley Creek Protection Partnership
					
10.28 	$1,218,000 in fiscal year 2011 is to the 
10.29 	commissioner of natural resources for 
10.30 	agreements on projects to protect, restore, 
10.31 	and enhance natural systems of Valley Creek 
10.32 	in Washington County as follows: $838,000 
10.33 	with Minnesota Land Trust; $218,000 with 
10.34 	Washington County; $100,000 with the 
10.35 	Belwin Conservancy; $50,000 with Trout 
11.1 	Unlimited; and $12,000 with the Valley 
11.2 	Branch Watershed District. All restorations 
11.3 	must comply with subdivision 9, paragraph 
11.4 	(b).

11.5
11.6	(f) Anoka Sand Plain Restoration and 
Enhancement
					
11.7 	$747,000 in fiscal year 2011 is to the 
11.8 	commissioner of natural resources for 
11.9 	an agreement with Great River Greening 
11.10 	to restore and enhance habitat on public 
11.11 	property in the Anoka Sand Plain in Anoka, 
11.12 	Chisago, Isanti, Benton, Washington, 
11.13 	Morrison, and Sherburne Counties. All 
11.14 	restorations must comply with subdivision 
11.15 	9, paragraph (b).

11.16
11.17	(g) Lower Mississippi River Habitat 
Restoration Acceleration
					
11.18 	$1,000,000 in fiscal year 2011 is to 
11.19 	the commissioner of natural resources 
11.20 	to accelerate agency programs and for 
11.21 	cooperative agreements to acquire land in 
11.22 	the Root River watershed. A list of proposed 
11.23 	acquisitions must be provided as part of 
11.24 	the required accomplishment plan. The 
11.25 	commissioner of natural resources must 
11.26 	agree in writing to each proposed acquisition, 
11.27 	restoration, and enhancement. All 
11.28 	restorations must comply with subdivision 
11.29 	9, paragraph (b). 

11.30
11.31	(h) Washington County St. Croix River Land 
Protection
					
11.32 	$1,033,000 in fiscal year 2011 is to the 
11.33 	commissioner of natural resources for an 
11.34 	agreement with Washington County to 
11.35 	acquire permanent easements to protect 
11.36 	habitat associated with the St. Croix River 
12.1 	Valley. A list of proposed acquisitions 
12.2 	must be provided as part of the required 
12.3 	accomplishment plan. The accomplishment 
12.4 	plan must include an easement stewardship 
12.5 	plan.

12.6
12.7	(i) Outdoor Heritage Conservation Partners 
Grant Program
					
12.8 	$4,386,000 in fiscal year 2011 is to the 
12.9 	commissioner of natural resources for a 
12.10 	program to provide competitive, matching 
12.11 	grants of up to $400,000 to local, regional, 
12.12 	state, and national organizations, including 
12.13 	government, for enhancement, restoration, 
12.14 	or protection of forests, wetlands, prairies, 
12.15 	and habitat for fish, game, or wildlife 
12.16 	in Minnesota. Up to four percent of 
12.17 	this appropriation may be used by the 
12.18 	commissioner of natural resources for 
12.19 	administering the grant program. Grantees 
12.20 	may acquire land or interests in land. 
12.21 	Easements must be permanent. Land 
12.22 	acquired in fee must be open to hunting 
12.23 	and fishing during the open season unless 
12.24 	otherwise provided by state law. The 
12.25 	commissioner of natural resources must 
12.26 	agree in writing to each proposed acquisition 
12.27 	of land or interest in land. The program 
12.28 	shall require a cash match of at least ten 
12.29 	percent nonstate funds, and for projects 
12.30 	funded by the legislature after July 1, 2010, 
12.31 	the match shall be 20 percent. The criteria 
12.32 	for evaluating grant applications must 
12.33 	include, in a balanced and equally weighted 
12.34 	order of precedence, the amount of habitat 
12.35 	restored, enhanced, or protected; local 
12.36 	support; degree of collaboration; urgency; 
13.1 	capacity to achieve multiple benefits; 
13.2 	habitat benefits provided; consistency with 
13.3 	current conservation science; adjacency 
13.4 	to protected lands; full funding of the 
13.5 	project; supplementing existing funding; 
13.6 	public access for hunting and fishing during 
13.7 	the open season; sustainability; and use 
13.8 	of native plant materials. All projects 
13.9 	must conform to the Minnesota statewide 
13.10 	conservation and preservation plan. Wildlife 
13.11 	habitat projects must also conform to the 
13.12 	Minnesota wildlife action plan. Subject to 
13.13 	the evaluation criteria and requirements 
13.14 	of this paragraph and Minnesota Statutes, 
13.15 	the commissioner of natural resources 
13.16 	shall give priority to organizations that 
13.17 	have a history or charter to receive private 
13.18 	contributions for local conservation or 
13.19 	habitat projects when evaluating projects of 
13.20 	equal value. Priority may be given to projects 
13.21 	acquiring land or easements associated 
13.22 	with existing wildlife management areas. 
13.23 	All restoration or enhancement projects 
13.24 	must be on land permanently protected by 
13.25 	conservation easement or public ownership 
13.26 	or in public waters as defined in Minnesota 
13.27 	Statutes, section 103G.005, subdivision 15. 
13.28 	Subdivision 9 applies to grants awarded 
13.29 	under this paragraph. All restorations must 
13.30 	comply with subdivision 9, paragraph (b). 
13.31 	This appropriation is available until June 
13.32 	30, 2014, at which time all grant project 
13.33 	work must be completed and final products 
13.34 	delivered, unless an earlier date is specified 
13.35 	in the grant agreement. No less than five 
13.36 	percent of the amount of each grant must 
14.1 	be held back from reimbursement until 
14.2 	the grant recipient has completed a grant 
14.3 	accomplishment report by the deadline and 
14.4 	in the form prescribed by and satisfactory to 
14.5 	the Lessard-Sams Outdoor Heritage Council.

14.6	Subd. 6.Administration and Other Provisions
 		-0-
		775,000

14.7	(a) Contract Management
					
14.8 	$175,000 in fiscal year 2011 is to the 
14.9 	commissioner of natural resources for 
14.10 	contract management duties assigned in 
14.11 	this section. All determinations, findings, 
14.12 	or decisions of the commissioner pursuant 
14.13 	to this act must be made in writing and 
14.14 	available to the public.

14.15	(b) Legislative Coordinating Commission
					
14.16 	$600,000 in fiscal year 2011 is to the 
14.17 	Legislative Coordinating Commission for 
14.18 	administrative expenses of the Lessard-Sams 
14.19 	Outdoor Heritage Council and for 
14.20 	compensation and expense reimbursement 
14.21 	of council members. 

14.22
14.23	(c) Lessard-Sams Outdoor Heritage Council 
Site Visit Exception
					
14.24 	Travel to and from site visits by council 
14.25 	members that are paid for under paragraph 
14.26 	(b) are not meetings of the council for the 
14.27 	purpose of receiving information under 
14.28 	Minnesota Statutes, section 97A.056, 
14.29 	subdivision 5.

14.30	Subd. 7.Availability of Appropriation
 					
14.31 	Money appropriated in this section may 
14.32 	not be spent on activities unless they are 
14.33 	directly related to and necessary for a 
14.34 	specific appropriation and are specified in the 
15.1 	accomplishment plan. Money appropriated 
15.2 	in this section must not be spent on indirect 
15.3 	costs or other institutional overhead charges. 
15.4 	Unless otherwise provided, the amounts 
15.5 	in this section are available until June 30, 
15.6 	2013, when projects must be completed and 
15.7 	final accomplishments reported. Funds for 
15.8 	restoration or enhancement are available 
15.9 	until June 30, 2015, or four years after 
15.10 	acquisition, whichever is later, in order to 
15.11 	complete restoration or enhancement work. 
15.12 	If a project receives federal funds, the time 
15.13 	period of the appropriation is extended to 
15.14 	equal the availability of federal funding. 
15.15 	Funds appropriated for fee title acquisition of 
15.16 	land may be used to restore and enhance land 
15.17 	acquired with the appropriation.

15.18	Subd. 8.Accomplishment Plans
 					
15.19 	It is a condition of acceptance of the 
15.20 	appropriations made by this section that the 
15.21 	agency or entity using the appropriation shall 
15.22 	submit to the council an accomplishment 
15.23 	plan and periodic accomplishment 
15.24 	reports in the form determined by the 
15.25 	Lessard-Sams Outdoor Heritage Council. 
15.26 	The accomplishment plan must account for 
15.27 	the use of the appropriation and outcomes 
15.28 	of the expenditure in measures of wetlands, 
15.29 	prairies, forests, and fish, game, and wildlife 
15.30 	habitat restored, protected, and enhanced. 
15.31 	The plan must include an evaluation of 
15.32 	results. None of the money provided in this 
15.33 	section may be expended unless the council 
15.34 	has approved the pertinent accomplishment 
15.35 	plan.

16.1	Subd. 9.Project Requirements
 					
16.2 	(a) As a condition of accepting an 
16.3 	appropriation in this section, any agency 
16.4 	or entity receiving an appropriation must 
16.5 	comply with this subdivision for any project 
16.6 	funded in whole or in part with funds from 
16.7 	the appropriation.
16.8 	(b) To the extent possible, a person 
16.9 	conducting restoration with money 
16.10 	appropriated in this section must plant 
16.11 	vegetation or sow seed only of ecotypes 
16.12 	native to Minnesota, and preferably of the 
16.13 	local ecotype, using a high diversity of 
16.14 	species originating from as close to the 
16.15 	restoration site as possible, and protect 
16.16 	existing native prairies, grasslands, forests, 
16.17 	wetlands, and other aquatic systems from 
16.18 	genetic contamination.
16.19 	(c) All conservation easements acquired with 
16.20 	money appropriated in this section must: (1) 
16.21 	be permanent; (2) specify the parties to an 
16.22 	easement; (3) specify all of the provisions of 
16.23 	an agreement that are permanent; (4) specify 
16.24 	the habitat types and location being protected; 
16.25 	(5) require the grantor to employ practices 
16.26 	retaining water on the eased land as long as 
16.27 	practicable; (6) specify the responsibilities 
16.28 	of the parties for habitat enhancement and 
16.29 	restoration and the associated costs of these 
16.30 	activities; (7) be sent to the office of the 
16.31 	Lessard-Sams Outdoor Heritage Council; (8) 
16.32 	include a long-term stewardship plan and 
16.33 	identify the sources and amount of funding 
16.34 	for monitoring and enforcing the easement 
16.35 	agreement; and (9) identify the parties 
17.1 	responsible for monitoring and enforcing the 
17.2 	easement agreement.
17.3 	(d) For all restorations, a recipient must 
17.4 	prepare and retain an ecological restoration 
17.5 	and management plan that, to the degree 
17.6 	practicable, is consistent with current 
17.7 	conservation science and ecological goals 
17.8 	for the restoration site. Consideration should 
17.9 	be given to soil, geology, topography, and 
17.10 	other relevant factors that would provide 
17.11 	the best chance for long-term success of the 
17.12 	restoration projects. The plan shall include 
17.13 	the proposed timetable for implementing 
17.14 	the restoration, including, but not limited 
17.15 	to, site preparation, establishment of 
17.16 	diverse plant species, maintenance, and 
17.17 	additional enhancement to establish the 
17.18 	restoration; identify long-term maintenance 
17.19 	and management needs of the restoration 
17.20 	and how the maintenance, management, and 
17.21 	enhancement will be financed; and use the 
17.22 	current conservation science to achieve the 
17.23 	best restoration.
17.24 	(e) For new lands acquired, a recipient 
17.25 	must prepare a restoration and management 
17.26 	plan in compliance with paragraph (d), 
17.27 	including identification of sufficient funding 
17.28 	for implementation.
17.29 	(f) To ensure public accountability for the 
17.30 	use of public funds, a recipient must provide 
17.31 	to the Lessard-Sams Outdoor Heritage 
17.32 	Council documentation of the selection 
17.33 	process used to identify parcels acquired 
17.34 	in fee or permanent conservation easement 
17.35 	and provide the council with documentation 
18.1 	of all related transaction costs, including, 
18.2 	but not limited to, appraisals, legal fees, 
18.3 	recording fees, commissions, other similar 
18.4 	costs, and donations. This information 
18.5 	must be provided for all parties involved 
18.6 	in the transaction. The recipient shall 
18.7 	also report to the Lessard-Sams Outdoor 
18.8 	Heritage Council any difference between the 
18.9 	acquisition amount paid to the seller and the 
18.10 	state-certified or state-reviewed appraisal, if 
18.11 	a state-certified or state-reviewed appraisal 
18.12 	was conducted. Acquisition data such 
18.13 	as appraisals may remain private during 
18.14 	negotiations but must ultimately be made 
18.15 	public according to Minnesota Statutes, 
18.16 	chapter 13.
18.17 	(g) All restoration and enhancement projects 
18.18 	funded with money appropriated in this 
18.19 	section must be on land permanently 
18.20 	protected by a conservation easement or 
18.21 	public ownership or in public waters as 
18.22 	defined in Minnesota Statutes, section 
18.23 	103G.005, subdivision 15.
18.24 	(h) To the extent an appropriation is used to 
18.25 	acquire an interest in real property, a recipient 
18.26 	of an appropriation under this section must 
18.27 	provide to the Lessard-Sams Outdoor 
18.28 	Heritage Council and the commissioner 
18.29 	of management and budget an analysis of 
18.30 	increased operations and maintenance costs 
18.31 	likely to be incurred by public entities as 
18.32 	a result of the acquisition and of how these 
18.33 	costs are to be paid.
18.34 	(i) A recipient of money from an 
18.35 	appropriation in this section must give 
19.1 	consideration to and make timely written 
19.2 	contact with the Minnesota Conservation 
19.3 	Corps or its successor for consideration of 
19.4 	possible use of their services to contract for 
19.5 	restoration and enhancement services. A 
19.6 	copy of the written contact must be filed with 
19.7 	the Lessard-Sams Outdoor Heritage Council 
19.8 	within 15 days of execution.
19.9 	(j) A recipient of money from this section 
19.10 	must erect signage according to Laws 2009, 
19.11 	chapter 172, article 5, section 10.

19.12
19.13	Subd. 10.Payment Conditions and Capital 
Equipment Expenditures
 					
19.14 	All agreements, grants, or contracts referred 
19.15 	to in this section must be administered on 
19.16 	a reimbursement basis unless otherwise 
19.17 	provided in this section. Notwithstanding 
19.18 	Minnesota Statutes, section 16A.41, 
19.19 	expenditures directly related to each 
19.20 	appropriation's purpose made on or after July 
19.21 	1, 2010, are eligible for reimbursement unless 
19.22 	otherwise provided in this section. Periodic 
19.23 	reimbursement must be made upon receiving 
19.24 	documentation that the deliverable items 
19.25 	articulated in the approved accomplishment 
19.26 	plan have been achieved, including partial 
19.27 	achievements as evidenced by approved 
19.28 	progress reports. Reasonable amounts may 
19.29 	be advanced to projects to accommodate 
19.30 	cash flow needs or to match federal share. 
19.31 	The advances must be approved as part of 
19.32 	the accomplishment plan. Capital equipment 
19.33 	expenditures for specific items in excess of 
19.34 	$10,000 must be approved as part of the 
19.35 	accomplishment plan.

20.1
20.2	Subd. 11.Purchase of Recycled and Recyclable 
Materials
 					
20.3 	A political subdivision, public or private 
20.4 	corporation, or other entity that receives an 
20.5 	appropriation in this section must use the 
20.6 	appropriation in compliance with Minnesota 
20.7 	Statutes, section 16B.121, regarding 
20.8 	purchase of recycled, repairable, and durable 
20.9 	materials, and section 16B.122, regarding 
20.10 	purchase and use of paper stock and printing.

20.11	Subd. 12.Accessibility
 					
20.12 	Structural and nonstructural facilities must 
20.13 	meet the design standards in the Americans 
20.14 	with Disabilities Act (ADA) accessibility 
20.15 	guidelines.

20.16	Subd. 13.Land Acquisition Restrictions
 					
20.17 	(a) An interest in real property, including, but 
20.18 	not limited to, an easement or fee title, that is 
20.19 	acquired with money appropriated under this 
20.20 	section must be used in perpetuity. 
20.21 	(b) A recipient of funding who acquires 
20.22 	an interest in real property subject to this 
20.23 	subdivision may not alter the intended use of 
20.24 	the interest in real property or convey any 
20.25 	interest in the real property acquired with the 
20.26 	appropriation without the prior review and 
20.27 	preliminary approval of the Lessard-Sams 
20.28 	Outdoor Heritage Council or its successor. 
20.29 	The council shall establish procedures to 
20.30 	review requests from recipients to alter the 
20.31 	use of or convey an interest in real property. 
20.32 	These procedures shall allow for the 
20.33 	replacement of the interest in real property 
20.34 	with another interest in real property meeting 
20.35 	the following criteria: (1) the interest is at 
21.1 	least equal in fair market value, as certified 
21.2 	in writing by the commissioner of natural 
21.3 	resources, to the interest being replaced; and 
21.4 	(2) the interest is in a reasonably equivalent 
21.5 	location and has a reasonably equivalent 
21.6 	useful conservation purpose compared to the 
21.7 	interest being replaced. The Lessard-Sams 
21.8 	Outdoor Heritage Council or its successor 
21.9 	must submit legislation seeking legislative 
21.10 	approval for changes given preliminary 
21.11 	approval under this paragraph.
21.12 	(c) A recipient of funding who acquires an 
21.13 	interest in real property under paragraph 
21.14 	(a) must separately record a notice of 
21.15 	funding restrictions in the appropriate local 
21.16 	government office where the conveyance 
21.17 	of the interest in real property is filed. The 
21.18 	notice of funding agreement must contain: 
21.19 	(1) a legal description of the interest in real 
21.20 	property covered by the funding agreement; 
21.21 	(2) a reference to the underlying funding 
21.22 	agreement; (3) a reference to this section; and 
21.23 	(4) the following statement: "This interest 
21.24 	in real property shall be administered in 
21.25 	accordance with the terms, conditions, and 
21.26 	purposes of the grant agreement controlling 
21.27 	the acquisition of the property. The interest 
21.28 	in real property, or any portion of the 
21.29 	interest in real property, shall not be sold, 
21.30 	transferred, pledged, or otherwise disposed 
21.31 	of or further encumbered without obtaining 
21.32 	the prior written preliminary approval of the 
21.33 	Lessard-Sams Outdoor Heritage Council or 
21.34 	its successor, and final legislative approval. 
21.35 	The ownership of the interest in real property 
21.36 	shall transfer to the state if: (1) the holder of 
22.1 	the interest in real property fails to comply 
22.2 	with the terms and conditions of the grant 
22.3 	agreement or accomplishment plan; or 
22.4 	(2) restrictions are placed on the land that 
22.5 	preclude its use for the intended purpose as 
22.6 	specified in the appropriation."

22.7	Subd. 14.Real Property Interest Report
 					
22.8 	By December 1 each year, a recipient of 
22.9 	money appropriated under this section that 
22.10 	is used for the acquisition of an interest in 
22.11 	real property, including, but not limited to, 
22.12 	an easement or fee title, must submit annual 
22.13 	reports on the status of the real property to 
22.14 	the Lessard-Sams Outdoor Heritage Council 
22.15 	or its successor in a form determined by the 
22.16 	council. The responsibility for reporting 
22.17 	under this section may be transferred by 
22.18 	the recipient of the appropriation to another 
22.19 	person or entity that holds the interest in the 
22.20 	real property. To complete the transfer of 
22.21 	reporting responsibility, the recipient of the 
22.22 	appropriation must: (1) inform the person to 
22.23 	whom the responsibility is transferred of that 
22.24 	person's reporting responsibility; (2) inform 
22.25 	the person to whom the responsibility is 
22.26 	transferred of the property restrictions under 
22.27 	subdivision 13; (3) provide written notice 
22.28 	to the council of the transfer of reporting 
22.29 	responsibility, including contact information 
22.30 	for the person to whom the responsibility is 
22.31 	transferred; and (4) provide the Lessard-Sams 
22.32 	Outdoor Heritage Council or its successor 
22.33 	written documentation from the person or 
22.34 	entity holding the interest in real property 
22.35 	certifying its acceptance of all reporting 
22.36 	obligations and responsibilities previously 
23.1 	held by the recipient of the appropriation. 
23.2 	After the transfer, the person or entity that 
23.3 	holds the interest in the real property is 
23.4 	responsible for reporting requirements under 
23.5 	this section.

23.6	Subd. 15.Successor Organizations
 					
23.7 	The Lessard-Sams Outdoor Heritage council 
23.8 	may approve the continuation of a project 
23.9 	with an organization that has adopted a new 
23.10 	name. Continuation of a project with an 
23.11 	organization that has undergone a significant 
23.12 	change in mission, structure, or purpose 
23.13 	will require: (1) notice to the chairs of 
23.14 	committees with relevant jurisdiction; and (2) 
23.15 	presentation by the Lessard-Sams Outdoor 
23.16 	Heritage Council of proposed legislation 
23.17 	either ratifying or rejecting continued 
23.18 	involvement with the new organization.

23.19 	Sec. 3. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision 
23.20 	to read:
23.21 		Subd. 8.Land management option. The council shall develop options for a 
23.22 	method to assess each recommended project a land management fee. A land management 
23.23 	fee is a payment on a onetime basis of all projected costs for the reasonable management, 
23.24 	care, restoration, and protection of land acquired through fee title or easement. The 
23.25 	council shall also recommend options for methods to escrow these fees, and to provide 
23.26 	oversight for payment of future costs from these escrow funds. Legislative proposals 
23.27 	pursuant to this section shall be adopted by the council by September 1, 2010, and a fee 
23.28 	complying with this mechanism shall be included as a part of all recommended projects 
23.29 	from July 2011 onward.

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

23.31 	Sec. 4. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision 
23.32 	to read:
24.1 		Subd. 9.Lands in public domain. No funds appropriated from the outdoor heritage 
24.2 	fund shall be used to purchase any land in fee title, or permanent conservation easement, 
24.3 	if the land in question is fully or partially owned by the state of Minnesota or a political 
24.4 	subdivision of the state for a conservation purpose.

24.5 	EFFECTIVE DATE. This section is effective on July 1, 2010, and applies only to 
24.6 	projects proposed after that date.

24.7 	ARTICLE 2
24.8 	CLEAN WATER

24.9	Section 1. CLEAN WATER FUND APPROPRIATIONS.
 	
24.10 	The sums shown in the columns marked "Appropriations" are appropriated to the 
24.11 	agencies and for the purposes specified in this article. The appropriations are from the 
24.12 	clean water fund, or another named fund, and are available for the fiscal years indicated 
24.13 	for each purpose. The figures "2010" and "2011" used in this article mean that the 
24.14 	appropriations listed under them are available for the fiscal year ending June 30, 2010, 
24.15 	or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is 
24.16 	fiscal year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the 
24.17 	fiscal year ending June 30, 2010, are effective the day following final enactment. All 
24.18 	appropriations in this article are onetime only.

24.19				APPROPRIATIONS
	
24.20				Available for the Year
	
24.21				Ending June 30
	
24.22					2010
		2011

24.23	Sec. 2. POLLUTION CONTROL AGENCY
 	$
	-0-
	$
	310,000
	
24.24 	$310,000 the second year is for continued 
24.25 	rulemaking to establish water quality 
24.26 	standards for total nitrogen and nitrate 
24.27 	nitrogen.

24.28
24.29	Sec. 3. DEPARTMENT OF NATURAL 
RESOURCES
 	$
	-0-
	$
	5,000,000
	
24.30 	$5,000,000 the second year shall be 
24.31 	transferred to the metropolitan area 
24.32 	groundwater monitoring account established 
24.33 	under Minnesota Statutes, section 103G.272, 
25.1 	to be used by the commissioner of natural 
25.2 	resources for the following purposes:
25.3 	(1) establish a groundwater monitoring 
25.4 	network in the 11-county metropolitan area 
25.5 	that monitors nonstressed systems to provide 
25.6 	information on aquifer characteristics and 
25.7 	natural water level and water quality trends; 
25.8 	and
25.9 	(2) develop an automated data system, 
25.10 	including existing wells, to capture 
25.11 	groundwater level and water use data to 
25.12 	enhance the evaluation of water resource 
25.13 	changes in aquifer systems that are stressed 
25.14 	by pumping of existing wells.
25.15 	The commissioner shall collaborate with the 
25.16 	commissioners of health and the Pollution 
25.17 	Control Agency in designing the methods 
25.18 	used to collect and evaluate the data.

25.19
25.20	Sec. 4. BOARD OF WATER AND SOIL 
RESOURCES
 	$
	-0-
	$
	1,615,000
	
25.21 	(a) $558,000 the second year is to purchase 
25.22 	and restore permanent conservation 
25.23 	easements on riparian buffers of up to 120 
25.24 	feet adjacent to public waters, excluding 
25.25 	wetlands, to keep water on the land in 
25.26 	order to decrease sediment, pollutant, and 
25.27 	nutrient transport, reduce hydrologic impacts 
25.28 	to surface waters, and increase infiltration 
25.29 	for groundwater recharge. The riparian 
25.30 	buffers must be at least 50 feet unless 
25.31 	there is a natural impediment, a road, or 
25.32 	other impediment beyond the control of 
25.33 	the landowner. This appropriation may 
25.34 	be used for restoration of riparian buffers 
25.35 	protected by easements purchased with 
26.1 	this appropriation and for stream bank 
26.2 	restorations when the riparian buffers have 
26.3 	been restored. Up to five percent may be 
26.4 	used for administration of this program and 
26.5 	up to five percent may be used for technical 
26.6 	design, construction, and project oversight.
26.7 	(b) $557,000 the second year is for grants 
26.8 	to watershed districts and watershed 
26.9 	management organizations for: (1) structural 
26.10 	or vegetative management practices that 
26.11 	reduce storm water runoff from developed 
26.12 	or disturbed lands to reduce the movement 
26.13 	of sediment, nutrients, and pollutants or 
26.14 	to leverage federal funds for restoration, 
26.15 	protection, or enhancement of water quality 
26.16 	in lakes, rivers, and streams and to protect 
26.17 	groundwater and drinking water; and (2) 
26.18 	the installation of proven and effective 
26.19 	water retention practices including, but not 
26.20 	limited to, rain gardens and other vegetated 
26.21 	infiltration basins and sediment control 
26.22 	basins in order to keep water on the land. 
26.23 	The projects must be of long-lasting public 
26.24 	benefit, include a local match, and be 
26.25 	consistent with TMDL implementation plans 
26.26 	or local water management plans. Watershed 
26.27 	district and watershed management 
26.28 	organization staff and administration may 
26.29 	be used for the local match. Priority may be 
26.30 	given to school projects that can be used to 
26.31 	demonstrate water retention practices. Up to 
26.32 	five percent may be used for administering 
26.33 	the grants and up to five percent may be 
26.34 	used for technical design, construction, and 
26.35 	project oversight.
27.1 	(c) $500,000 the second year is for 
27.2 	permanent conservation easements on 
27.3 	wellhead protection areas under Minnesota 
27.4 	Statutes, section 103F.515, subdivision 2, 
27.5 	paragraph (d). Priority must be placed on 
27.6 	land that is located where the vulnerability 
27.7 	of the drinking water supply management 
27.8 	area, as defined under Minnesota Rules, 
27.9 	part 4720.5100, subpart 13, is designated as 
27.10 	high or very high by the commissioner of 
27.11 	health. Up to five percent may be used for 
27.12 	administration of this program and up to five 
27.13 	percent may be used for technical design, 
27.14 	construction, and project oversight.
27.15 	(d) The Star Lake Board, established under 
27.16 	Minnesota Statutes, section 103B.702, shall 
27.17 	provide recommendations to the Board of 
27.18 	Water and Soil Resources on a set of criteria 
27.19 	that could be used to designate a lake or river 
27.20 	as a "Minnesota Star Lake" or "Minnesota 
27.21 	Star River."
27.22 	(e) The appropriations in fiscal year 2011 to 
27.23 	the Board of Water and Soil Resources in 
27.24 	Laws 2009, chapter 172, article 2, section 
27.25 	6, are available until June 30, 2012, and, 
27.26 	unless otherwise specified, may utilize up to 
27.27 	five percent for administration of grant and 
27.28 	easement programs and up to five percent for 
27.29 	technical design, construction, and project 
27.30 	oversight.

27.31 	Sec. 5. Minnesota Statutes 2009 Supplement, section 103G.271, subdivision 6, is 
27.32 	amended to read:
27.33 		Subd. 6.Water use permit processing fee. (a) Except as described in paragraphs 
27.34 	(b) to (f), a water use permit processing fee must be prescribed by the commissioner in 
27.35 	accordance with the schedule of fees in this subdivision for each water use permit in force 
28.1 	at any time during the year. The schedule is as follows, with the stated fee in each clause 
28.2 	applied to the total amount appropriated:
28.3 	(1) $140 for amounts not exceeding 50,000,000 gallons per year;
28.4 	(2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less 
28.5 	than 100,000,000 gallons per year;
28.6 	(3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less 
28.7 	than 150,000,000 gallons per year;
28.8 	(4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but 
28.9 	less than 200,000,000 gallons per year;
28.10 	(5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less 
28.11 	than 250,000,000 gallons per year;
28.12 	(6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but 
28.13 	less than 300,000,000 gallons per year;
28.14 	(7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less 
28.15 	than 350,000,000 gallons per year;
28.16 	(8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but 
28.17 	less than 400,000,000 gallons per year;
28.18 	(9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less 
28.19 	than 450,000,000 gallons per year;
28.20 	(10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but 
28.21 	less than 500,000,000 gallons per year; and
28.22 	(11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
28.23 	(b) For once-through cooling systems, a water use processing fee must be prescribed 
28.24 	by the commissioner in accordance with the following schedule of fees for each water use 
28.25 	permit in force at any time during the year:
28.26 	(1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
28.27 	(2) for all other users, $420 per 1,000,000 gallons.
28.28 	(c) The fee is payable based on the amount of water appropriated during the year 
28.29 	and, except as provided in paragraph (f), the minimum fee is $100.
28.30 	(d) For water use processing fees other than once-through cooling systems:
28.31 	(1) the fee for a city of the first class may not exceed $250,000 per year;
28.32 	(2) the fee for other entities for any permitted use may not exceed:
28.33 	(i) $60,000 per year for an entity holding three or fewer permits;
28.34 	(ii) $90,000 per year for an entity holding four or five permits; or
28.35 	(iii) $300,000 per year for an entity holding more than five permits;
28.36 	(3) the fee for agricultural irrigation may not exceed $750 per year;
29.1 	(4) the fee for a municipality that furnishes electric service and cogenerates steam 
29.2 	for home heating may not exceed $10,000 for its permit for water use related to the 
29.3 	cogeneration of electricity and steam; and
29.4 	(5) no fee is required for a project involving the appropriation of surface water to 
29.5 	prevent flood damage or to remove flood waters during a period of flooding, as determined 
29.6 	by the commissioner.
29.7 	(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two 
29.8 	percent per month calculated from the original due date must be imposed on the unpaid 
29.9 	balance of fees remaining 30 days after the sending of a second notice of fees due. A fee 
29.10 	may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal 
29.11 	governmental agency holding a water appropriation permit.
29.12 	(f) The minimum water use processing fee for a permit issued for irrigation of 
29.13 	agricultural land is $20 for years in which:
29.14 	(1) there is no appropriation of water under the permit; or
29.15 	(2) the permit is suspended for more than seven consecutive days between May 1 
29.16 	and October 1.
29.17 	(g) A surcharge of $30 per million gallons in addition to the fee prescribed in 
29.18 	paragraph (a) shall be applied to the volume of water used in each of the months of June, 
29.19 	July, and August that exceeds the volume of water used in January for municipal water 
29.20 	use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities 
29.21 	with more than one permit shall be determined based on the total appropriations from all 
29.22 	permits that supply a common distribution system.
29.23 	(h) Beginning January 1, 2010, until June 30, 2015, a water monitoring fee of .0008 
29.24 	cents per gallon shall be applied to the volume of groundwater used in the counties 
29.25 	of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, 
29.26 	Washington, and Wright. Beginning July 1, 2015, or when the groundwater monitoring 
29.27 	wells have been completed, whichever is earlier and thereafter, the fee shall be .0006 cents 
29.28 	per gallon. Fees collected under this paragraph must be credited to the metropolitan area 
29.29 	groundwater monitoring matching account established in section 103G.272.

29.30 	Sec. 6. [103G.272] METROPOLITAN AREA GROUNDWATER MONITORING 
29.31 	MATCHING ACCOUNT.
29.32 	A metropolitan area groundwater monitoring matching account is created in the 
29.33 	natural resources fund. Money in the account is appropriated to the commissioner of 
29.34 	natural resources to provide local matching funds for monitoring the groundwater quantity 
29.35 	and quality of nonstressed systems in the 11-county metropolitan area, to include the 
30.1 	installation, maintenance, and sealing of new or existing groundwater level monitoring 
30.2 	wells, monitoring equipment, groundwater data analysis, and data management systems. 
30.3 	Money received from the water monitoring fee under section 103G.271, subdivision 6, 
30.4 	paragraph (h), and interest earned on the account shall be deposited into the account.

30.5 	Sec. 7. Laws 2009, chapter 172, article 2, section 4, is amended to read:

30.6
30.7	Sec. 4. POLLUTION CONTROL AGENCY
 	$
	24,076,000
	$
	27,285,000
22,785,000
	
30.8 	(a) $9,000,000 the first year and $9,000,000 
30.9 	the second year are to develop total 
30.10 	maximum daily load (TMDL) studies and 
30.11 	TMDL implementation plans for waters 
30.12 	listed on the United States Environmental 
30.13 	Protection Agency approved impaired 
30.14 	waters list in accordance with Minnesota 
30.15 	Statutes, chapter 114D. The agency shall 
30.16 	complete an average of ten percent of the 
30.17 	TMDLs each year over the biennium. Of 
30.18 	this amount, $348,000 the first year is to 
30.19 	retest the comprehensive assessment of the 
30.20 	biological conditions of the lower Minnesota 
30.21 	River and its tributaries within the Lower 
30.22 	Minnesota River Major Watershed, as 
30.23 	previously assessed from 1976 to 1992 under 
30.24 	the Minnesota River Assessment Project 
30.25 	(MRAP). The assessment must include the 
30.26 	same fish species sampling at the same 116 
30.27 	locations and the same macroinvertebrate 
30.28 	sampling at the same 41 locations as the 
30.29 	MRAP assessment. The assessment must:
30.30 	(1) include an analysis of the findings; and
30.31 	(2) identify factors that limit aquatic life in 
30.32 	the Minnesota River.
30.33 	Of this amount, $250,000 the first year is 
30.34 	for a pilot project for the development of 
31.1 	total maximum daily load (TMDL) studies 
31.2 	conducted on a watershed basis within 
31.3 	the Buffalo River watershed in order to 
31.4 	protect, enhance, and restore water quality 
31.5 	in lakes, rivers, and streams. The pilot 
31.6 	project shall include all necessary field 
31.7 	work to develop TMDL studies for all 
31.8 	impaired subwatersheds within the Buffalo 
31.9 	River watershed and provide information 
31.10 	necessary to complete reports for most of the 
31.11 	remaining watersheds, including analysis of 
31.12 	water quality data, identification of sources 
31.13 	of water quality degradation and stressors, 
31.14 	load allocation development, development 
31.15 	of reports that provide protection plans 
31.16 	for subwatersheds that meet water quality 
31.17 	standards, and development of reports that 
31.18 	provide information necessary to complete 
31.19 	TMDL studies for subwatersheds that do not 
31.20 	meet water quality standards, but are not 
31.21 	listed as impaired.
31.22 	(b) $500,000 the first year is for development 
31.23 	of an enhanced TMDL database to manage 
31.24 	and track progress. Of this amount, $63,000 
31.25 	the first year is to promulgate rules. By 
31.26 	November 1, 2010, the commissioner shall 
31.27 	submit a report to the chairs of the house of 
31.28 	representatives and senate committees with 
31.29 	jurisdiction over environment and natural 
31.30 	resources finance on the outcomes achieved 
31.31 	with this appropriation.
31.32 	(c) $1,500,000 the first year and $3,169,000 
31.33 	the second year are for grants under 
31.34 	Minnesota Statutes, section 116.195, to 
31.35 	political subdivisions for up to 50 percent 
31.36 	of the costs to predesign, design, and 
32.1 	implement capital projects that use treated 
32.2 	municipal wastewater instead of groundwater 
32.3 	from drinking water aquifers, in order to 
32.4 	demonstrate the beneficial use of wastewater, 
32.5 	including the conservation and protection of 
32.6 	water resources. Of this amount, $1,000,000 
32.7 	the first year is for grants to ethanol plants 
32.8 	that are within one and one-half miles of a 
32.9 	city for improvements that reuse greater than 
32.10 	300,000 gallons of wastewater per day.
32.11 	(d) $1,125,000 the first year and $1,125,000 
32.12 	the second year are for groundwater 
32.13 	assessment and drinking water protection to 
32.14 	include:
32.15 	(1) the installation and sampling of at least 
32.16 	30 new monitoring wells;
32.17 	(2) the analysis of samples from at least 40 
32.18 	shallow monitoring wells each year for the 
32.19 	presence of endocrine disrupting compounds; 
32.20 	and
32.21 	(3) the completion of at least four to 
32.22 	five groundwater models for TMDL and 
32.23 	watershed plans.
32.24 	(e) $2,500,000 the first year is for the clean 
32.25 	water partnership program. Priority shall be 
32.26 	given to projects preventing impairments and 
32.27 	degradation of lakes, rivers, streams, and 
32.28 	groundwater in accordance with Minnesota 
32.29 	Statutes, section 114D.20, subdivision 2, 
32.30 	clause (4). Any balance remaining in the first 
32.31 	year does not cancel and is available for the 
32.32 	second year.
32.33 	(f) $896,000 the first year is to establish 
32.34 	a network of water monitoring sites, to 
32.35 	include at least 20 additional sites, in public 
33.1 	waters adjacent to wastewater treatment 
33.2 	facilities across the state to assess levels of 
33.3 	endocrine-disrupting compounds, antibiotic 
33.4 	compounds, and pharmaceuticals as required 
33.5 	in this article. The data must be placed on 
33.6 	the agency's Web site.
33.7 	(g) $155,000 the first year is to provide 
33.8 	notification of the potential for coal tar 
33.9 	contamination, establish a storm water 
33.10 	pond inventory schedule, and develop best 
33.11 	management practices for treating and 
33.12 	cleaning up contaminated sediments as 
33.13 	required in this article. $345,000 $645,000
33.14 	the second year is to develop a model 
33.15 	ordinance for the restricted use of undiluted 
33.16 	coal tar sealants and to provide grants to local 
33.17 	units of government for up to 50 percent of 
33.18 	the costs to implement best management 
33.19 	practices to treat or clean up contaminated 
33.20 	sediments in storm water ponds and other 
33.21 	waters as defined under this article. Local 
33.22 	governments must have adopted an ordinance 
33.23 	for the restricted use of undiluted coal tar 
33.24 	sealants in order to be eligible for a grant, 
33.25 	unless a statewide restriction has been 
33.26 	implemented. A grant awarded under this 
33.27 	paragraph must not exceed $100,000. Up to 
33.28 	$145,000 of the appropriation in the second 
33.29 	year may be used to complete work required 
33.30 	under section 28, paragraph (c).
33.31 	(h) $350,000 the first year and $400,000
33.32 	$600,000 the second year are for a restoration 
33.33 	project in the lower St. Louis River and 
33.34 	Duluth harbor in order to improve water 
33.35 	quality. This appropriation must be matched 
34.1 	by nonstate money at a rate of at least $2 for 
34.2 	every $1 of state money.
34.3 	(i) $150,000 the first year and $196,000 the 
34.4 	second year are for grants to the Red River 
34.5 	Watershed Management Board to enhance 
34.6 	and expand existing river watch activities in 
34.7 	the Red River of the North. The Red River 
34.8 	Watershed Management Board shall provide 
34.9 	a report that includes formal evaluation 
34.10 	results from the river watch program to the 
34.11 	commissioners of education and the Pollution 
34.12 	Control Agency and to the legislative natural 
34.13 	resources finance and policy committees 
34.14 	and K-12 finance and policy committees by 
34.15 	February 15, 2011.
34.16 	(j) $200,000 the first year and $300,000 the 
34.17 	second year are for coordination with the 
34.18 	state of Wisconsin and the National Park 
34.19 	Service on comprehensive water monitoring 
34.20 	and phosphorus reduction activities in the 
34.21 	Lake St. Croix portion of the St. Croix 
34.22 	River. The Pollution Control Agency 
34.23 	shall work with the St. Croix Basin Water 
34.24 	Resources Planning Team and the St. Croix 
34.25 	River Association in implementing the 
34.26 	water monitoring and phosphorus reduction 
34.27 	activities. This appropriation is available 
34.28 	to the extent matched by nonstate sources. 
34.29 	Money not matched by November 15, 2010, 
34.30 	cancels for this purpose and is available for 
34.31 	the purposes of paragraph (a).
34.32 	(k) $7,500,000 the first year and $7,500,000 
34.33 	the second year are for completion of 20 
34.34 	percent of the needed statewide assessments 
34.35 	of surface water quality and trends. Of this 
35.1 	amount, $175,000 the first year and $200,000 
35.2 	the second year are for monitoring and 
35.3 	analyzing endocrine disruptors in surface 
35.4 	waters.
35.5 	(l) $100,000 the first year and $150,000 
35.6 	the second year are for civic engagement 
35.7 	in TMDL development. The agency shall 
35.8 	develop a plan for expenditures under 
35.9 	this paragraph. The agency shall give 
35.10 	consideration to civic engagement proposals 
35.11 	from basin or sub-basin organizations, 
35.12 	including the Mississippi Headwaters Board, 
35.13 	the Minnesota River Joint Powers Board, 
35.14 	Area II Minnesota River Basin Projects, 
35.15 	and the Red River Basin Commission. 
35.16 	By November 15, 2009, the plan shall be 
35.17 	submitted to the house and senate chairs 
35.18 	and ranking minority members of the 
35.19 	environmental finance divisions.
35.20 	(m) $5,000,000 the second year is for 
35.21 	groundwater protection or prevention of 
35.22 	groundwater degradation activities. By 
35.23 	January 15, 2010, the commissioner, in 
35.24 	consultation with the commissioner of 
35.25 	natural resources, the Board of Water and 
35.26 	Soil Resources, and other agencies, shall 
35.27 	submit a report to the chairs of the house of 
35.28 	representatives and senate committees with 
35.29 	jurisdiction over the clean water fund on the 
35.30 	intended use of these funds. The legislature 
35.31 	must approve expenditure of these funds by 
35.32 	law.
35.33 	(n) $100,000 the first year and $100,000 the 
35.34 	second year are for grants to the Star Lake 
35.35 	Board established under Minnesota Statutes, 
36.1 	section 103B.702. The appropriation is a 
36.2 	pilot program to focus on engaging citizen 
36.3 	participation and fostering local partnerships 
36.4 	by increasing citizen involvement in water 
36.5 	quality enhancement by designating star 
36.6 	lakes and rivers. The board shall include 
36.7 	information on the results of this pilot 
36.8 	program in its next biennial report under 
36.9 	Minnesota Statutes, section 103B.702. The 
36.10 	second year grants are available only if 
36.11 	the Board of Water and Soil Resources 
36.12 	determines that the money granted in the first 
36.13 	year furthered the water quality goals in the 
36.14 	star lakes program in Minnesota Statutes, 
36.15 	section 103B.701. * (The preceding 
36.16 	paragraph beginning "(n) $100,000 the 
36.17 	first year" was indicated as vetoed by the 
36.18 	governor.)
36.19 	Notwithstanding Minnesota Statutes, section 
36.20 	16A.28, the appropriations encumbered on or 
36.21 	before June 30, 2011, as grants or contracts in 
36.22 	this section are available until June 30, 2013.

36.23 	ARTICLE 3
36.24 	GENERAL PROVISIONS

36.25 	Section 1. Minnesota Statutes 2008, section 3.971, is amended by adding a subdivision 
36.26 	to read:
36.27 		Subd. 9.Restoration audits. The legislative auditor, at the direction of the 
36.28 	Legislative Audit Commission, shall conduct restoration audits on a portion of land 
36.29 	restorations funded in whole or in part with state funds to determine whether the activities 
36.30 	and programs funded with state funds, including the outdoor heritage fund, the parks and 
36.31 	trails fund, the clean water fund, the environment and natural resources trust fund, and 
36.32 	state-issued bonds, are accomplishing restoration goals. The audit must include a critical 
36.33 	analysis of the restoration goals and objectives, scientific evaluation of the results, and 
36.34 	the effectiveness of the restorations in meeting applicable restoration requirements. The 
37.1 	legislative auditor may hire or contract with scientists and other appropriate persons to 
37.2 	meet this requirement. Restoration audits shall be funded out of the fund that funded the 
37.3 	restoration, when possible. For the purposes of this section, a "restoration audit" is a 
37.4 	scientific evaluation of an area of land that has been restored in order to determine whether 
37.5 	the restoration meets applicable requirements for the restoration.

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

37.7 	Sec. 2. [3.9715] PAYMENT FROM HERITAGE FUNDS FOR AUDIT COSTS.
37.8 	The outdoor heritage fund, the clean water fund, the parks and trails fund, and the 
37.9 	arts and cultural heritage fund, established in the Minnesota Constitution, article XI, 
37.10 	section 15, must each pay the legislative auditor for costs incurred by the legislative 
37.11 	auditor to examine financial activities related to each fund. The legislative auditor shall 
37.12 	provide cost data to the commissioner of management and budget to determine the amount 
37.13 	of the required payments. The amount required to make these payments is appropriated 
37.14 	from each fund for payments to the legislative auditor under this section. Amounts 
37.15 	received by the legislative auditor under this section are appropriated to the legislative 
37.16 	auditor for purposes of examining financial activities related to each fund. The legislative 
37.17 	auditor shall report by January 15 each year to the chairs and ranking minority members of 
37.18 	the house of representatives and senate funding divisions with jurisdiction over the Office 
37.19 	of the Legislative Auditor and the funds established in the Minnesota Constitution, article 
37.20 	XI, section 15, on past and projected future expenditure of funds under this section.

37.21 	Sec. 3. Minnesota Statutes 2009 Supplement, section 85.53, subdivision 2, is amended 
37.22 	to read:
37.23 		Subd. 2.Expenditures; accountability. (a) A project or program receiving funding 
37.24 	from the parks and trails fund must meet or exceed the constitutional requirement to 
37.25 	support parks and trails of regional or statewide significance. A project or program 
37.26 	receiving funding from the parks and trails fund must include measurable outcomes, as 
37.27 	defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the 
37.28 	results. A project or program must be consistent with current science and incorporate 
37.29 	state-of-the-art technology, except when the project or program is a portrayal or restoration 
37.30 	of historical significance.
37.31 	(b) Money from the parks and trails fund shall be expended to balance the benefits 
37.32 	across all regions and residents of the state. 
37.33 	(c) All information for funded projects, including the proposed measurable 
37.34 	outcomes, must be made available on the Web site required under section 3.303, 
38.1 	subdivision 10, as soon as practicable. Information on the measured outcomes and 
38.2 	evaluation must be posted as soon as it becomes available.
38.3 	(d) Grants funded by the parks and trails fund must be implemented according to 
38.4 	section 16B.98 and must account for all expenditures. Proposals must specify a process 
38.5 	for any regranting envisioned. Priority for grant proposals must be given to proposals 
38.6 	involving grants that will be competitively awarded.
38.7 	(e) A recipient of money from the parks and trails fund must display a sign on lands 
38.8 	and capital improvements purchased, restored, or protected with money from the parks 
38.9 	and trails fund that includes the logo developed by the commissioner of natural resources 
38.10 	to identify it as a project funded with money from the vote of the people of Minnesota on 
38.11 	November 4, 2008. shall display, where practicable, a sign with the logo selected by the 
38.12 	Board of the Arts as follows when funded by the parks and trails fund: on construction 
38.13 	projects; at access points to any land or water resources acquired in fee or a less-than-fee 
38.14 	title interest; and on lands that were restored, protected, or enhanced. A recipient shall 
38.15 	also incorporate the logo, where practicable, into printed and other materials funded 
38.16 	with money from the parks and trails fund.
38.17 	(f) Money from the parks and trails fund may only be spent on projects located 
38.18 	in Minnesota.

38.19 	Sec. 4. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision 
38.20 	to read:
38.21 		Subd. 10.Logo. A recipient of money from the outdoor heritage fund shall display, 
38.22 	where practicable, a sign with the logo selected by the Board of the Arts as follows 
38.23 	when funded by the outdoor heritage fund: on construction projects; at access points to 
38.24 	any land or water resources acquired in fee or a less-than-fee title interest; and on lands 
38.25 	that were restored, protected, or enhanced. A recipient shall also incorporate the logo, 
38.26 	where practicable, into printed and other materials funded with money from the outdoor 
38.27 	heritage fund.

38.28 	Sec. 5. Minnesota Statutes 2009 Supplement, section 114D.50, subdivision 4, is 
38.29 	amended to read:
38.30 		Subd. 4.Expenditures; accountability. (a) A project receiving funding from the 
38.31 	clean water fund must meet or exceed the constitutional requirements to protect, enhance, 
38.32 	and restore water quality in lakes, rivers, and streams and to protect groundwater and 
38.33 	drinking water from degradation. Priority may be given to projects that meet more than 
38.34 	one of these requirements. A project receiving funding from the clean water fund shall 
39.1 	include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for 
39.2 	measuring and evaluating the results. A project must be consistent with current science 
39.3 	and incorporate state-of-the-art technology.
39.4 	(b) Money from the clean water fund shall be expended to balance the benefits 
39.5 	across all regions and residents of the state.
39.6 	(c) All information for proposed and funded projects, including the proposed 
39.7 	measurable outcomes, must be made available on the Web site required under section 
39.8 	3.303, subdivision 10, as soon as practicable. Information on the measured outcomes and 
39.9 	evaluation must be posted as it becomes available. Information classified as not public 
39.10 	under section 13D.05, subdivision 3, paragraph (d), is not required to be placed on the 
39.11 	Web site.
39.12 	(d) Grants funded by the clean water fund must be implemented according to section 
39.13 	16B.98 and must account for all expenditures. Proposals must specify a process for any 
39.14 	regranting envisioned. Priority for grant proposals must be given to proposals involving 
39.15 	grants that will be competitively awarded.
39.16 	(e) Money from the clean water fund may only be spent on projects that benefit 
39.17 	Minnesota waters.
39.18 	(f) A recipient of money from the clean water fund shall display, where practicable, 
39.19 	a sign with the logo selected by the Board of the Arts as follows when funded by the clean 
39.20 	water fund: on construction projects; at access points to any land or water resources 
39.21 	acquired in fee or a less-than-fee title interest; and on lands that were restored, protected, 
39.22 	or enhanced. A recipient shall also incorporate the logo, where practicable, into printed 
39.23 	and other materials funded with money from the clean water fund.

39.24 	Sec. 6. Minnesota Statutes 2009 Supplement, section 129D.17, subdivision 2, is 
39.25 	amended to read:
39.26 		Subd. 2.Expenditures; accountability. (a) Funding from the arts and cultural 
39.27 	heritage fund may be spent only for arts, arts education, and arts access, and to preserve 
39.28 	Minnesota's history and cultural heritage. A project or program receiving funding from 
39.29 	the arts and cultural heritage fund must include measurable outcomes, and a plan for 
39.30 	measuring and evaluating the results. A project or program must be consistent with 
39.31 	current scholarship, or best practices, when appropriate and incorporate state-of-the-art 
39.32 	technology when appropriate.
39.33 	(b) Funding from the arts and cultural heritage fund may be granted for an entire 
39.34 	project or for part of a project so long as the recipient provides a description and cost for 
40.1 	the entire project and can demonstrate that it has adequate resources to ensure that the 
40.2 	entire project will be completed. 
40.3 	(c) Money from the arts and cultural heritage fund shall be expended for benefits 
40.4 	across all regions and residents of the state.
40.5 	(d) All information for funded projects, including the proposed measurable 
40.6 	outcomes, must be made available on the Legislative Coordinating Commission Web 
40.7 	site, as soon as practicable. Information on the measured outcomes and evaluation must 
40.8 	be posted as soon as it becomes available.
40.9 	(e) Grants funded by the arts and cultural heritage fund must be implemented 
40.10 	according to section 16B.98 and must account for all expenditures of funds. Priority for 
40.11 	grant proposals must be given to proposals involving grants that will be competitively 
40.12 	awarded.
40.13 	(f) A recipient of money from the arts and cultural heritage fund must display a sign 
40.14 	with the logo selected by the Board of the Arts on capital projects during construction and 
40.15 	an acknowledgment in a printed program or other material funded with money from the 
40.16 	arts and cultural heritage fund that identifies it as a project funded with money from the 
40.17 	vote of the people of Minnesota on November 4, 2008 arts and cultural heritage fund.
40.18 	(g) All money from the arts and cultural heritage fund must be for projects located 
40.19 	in Minnesota.

40.20 	Sec. 7. FUNDS CARRYOVER.
 40.21 	Unless otherwise provided, the amounts appropriated in Laws 2009, chapter 172, 
40.22 	are available until June 30, 2011. For acquisition of an interest in real property, the 
40.23 	amounts in Laws 2009, chapter 172, are available until June 30, 2012. If a project receives 
40.24 	federal funds, the time period of the appropriation is extended to equal the availability 
40.25 	of federal funding.

40.26 	Sec. 8. PARKS.
 40.27 	The Minneapolis Park and Recreation Board may acquire the entire property 
40.28 	known as the Scherer Brothers Lumber Yard for a metropolitan area regional park and 
40.29 	may allocate any future appropriations to the board from the parks and trails fund to 
40.30 	acquire the property.

40.31 	EFFECTIVE DATE. This section is effective the day after the Minneapolis 
40.32 	Park Board timely completes compliance with Minnesota Statutes, section 645.021, 
40.33 	subdivisions 2 and 3.

41.1 	Sec. 9.  REPEALER.
 41.2 	Laws 2009, chapter 172, article 5, section 9, is repealed.