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; 114D.50, subdivision 4; 
1.9 	129D.17, subdivision 2; Laws 2009, chapter 172, article 2, section 4; proposing 
1.10 	coding for new law in Minnesota Statutes, chapter 3; repealing Minnesota 
1.11 	Statutes 2009 Supplement, sections 3.3006; 84.02, subdivisions 4a, 6a, 6b; Laws 
1.12 	2009, chapter 172, article 5, section 9.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	ARTICLE 1
1.15 	OUTDOOR HERITAGE

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

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

2.1	Sec. 2. OUTDOOR HERITAGE

2.2	Subdivision 1.Total Appropriation
 	$
	-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	Subd. 7.Availability of Appropriation
 					
14.23 	Money appropriated in this section may 
14.24 	not be spent on activities unless they are 
14.25 	directly related to and necessary for a 
14.26 	specific appropriation and are specified in the 
14.27 	accomplishment plan. Money appropriated 
14.28 	in this section must not be spent on indirect 
14.29 	costs or other institutional overhead charges. 
14.30 	Unless otherwise provided, the amounts 
14.31 	in this section are available until June 30, 
14.32 	2013, when projects must be completed and 
14.33 	final accomplishments reported. Funds for 
15.1 	restoration or enhancement are available 
15.2 	until June 30, 2015, or four years after 
15.3 	acquisition, whichever is later, in order to 
15.4 	complete restoration or enhancement work. 
15.5 	If a project receives federal funds, the time 
15.6 	period of the appropriation is extended to 
15.7 	equal the availability of federal funding. 
15.8 	Funds appropriated for fee title acquisition of 
15.9 	land may be used to restore and enhance land 
15.10 	acquired with the appropriation.

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

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

19.4
19.5	Subd. 10.Payment Conditions and Capital 
Equipment Expenditures
 					
19.6 	All agreements, grants, or contracts referred 
19.7 	to in this section must be administered on 
19.8 	a reimbursement basis unless otherwise 
19.9 	provided in this section. Notwithstanding 
19.10 	Minnesota Statutes, section 16A.41, 
19.11 	expenditures directly related to each 
19.12 	appropriation's purpose made on or after July 
19.13 	1, 2010, are eligible for reimbursement unless 
19.14 	otherwise provided in this section. Periodic 
19.15 	reimbursement must be made upon receiving 
19.16 	documentation that the deliverable items 
19.17 	articulated in the approved accomplishment 
19.18 	plan have been achieved, including partial 
19.19 	achievements as evidenced by approved 
19.20 	progress reports. Reasonable amounts may 
19.21 	be advanced to projects to accommodate 
19.22 	cash flow needs or to match federal share. 
19.23 	The advances must be approved as part of 
19.24 	the accomplishment plan. Capital equipment 
19.25 	expenditures for specific items in excess of 
19.26 	$10,000 must be approved as part of the 
19.27 	accomplishment plan.

19.28
19.29	Subd. 11.Purchase of Recycled and Recyclable 
Materials
 					
19.30 	A political subdivision, public or private 
19.31 	corporation, or other entity that receives an 
19.32 	appropriation in this section must use the 
19.33 	appropriation in compliance with Minnesota 
19.34 	Statutes, section 16B.121, regarding 
19.35 	purchase of recycled, repairable, and durable 
20.1 	materials, and section 16B.122, regarding 
20.2 	purchase and use of paper stock and printing.

20.3	Subd. 12.Accessibility
 					
20.4 	Structural and nonstructural facilities must 
20.5 	meet the design standards in the Americans 
20.6 	with Disabilities Act (ADA) accessibility 
20.7 	guidelines.

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

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

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

23.13 	Sec. 3. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision 
23.14 	to read:
23.15 		Subd. 1a.Definitions. For the purposes of this section, the following terms have 
23.16 	the meanings given them:
23.17 	(1) "protect" means action to maintain the ability of habitat and related natural 
23.18 	systems to sustain fish, game, or wildlife through, but not limited to, acquisition of fee 
23.19 	title or conservation easements;
23.20 	(2) "restore" means action to renew degraded, damaged, or destroyed wetlands, 
23.21 	prairies, forests, and habitat for fish, game, and wildlife with the ultimate goal of 
23.22 	restoration to a desired conservation condition; and
23.23 	(3) "enhance" means action to improve in value, quality, and desirability in order to 
23.24 	increase the ecological value of wetlands, prairies, forests, and habitat for fish, game, and 
23.25 	wildlife.

23.26 	Sec. 4. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision 
23.27 	to read:
23.28 		Subd. 8.Land management option. The council shall develop options for a 
23.29 	method to assess each recommended project a land management fee. A land management 
23.30 	fee is a payment on a onetime basis of all projected costs for the reasonable management, 
23.31 	care, restoration, and protection of land acquired through fee title or easement. The 
23.32 	council shall also recommend options for methods to escrow these fees, and to provide 
23.33 	oversight for payment of future costs from these escrow funds. Legislative proposals 
23.34 	pursuant to this section shall be adopted by the council by September 1, 2010, and a fee 
24.1 	complying with this mechanism shall be included as a part of all recommended projects 
24.2 	from July 2011 onward.

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

24.4 	Sec. 5. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision 
24.5 	to read:
24.6 		Subd. 9.Lands in public domain. No funds appropriated from the outdoor heritage 
24.7 	fund shall be used to purchase any land in fee title, or permanent conservation easement, 
24.8 	if the land in question is fully or partially owned by the state of Minnesota or a political 
24.9 	subdivision of the state for a conservation purpose.

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

24.12 	Sec. 6.  REPEALER.
 24.13 	Minnesota Statutes 2009 Supplement, sections 3.3006; and 84.02, subdivisions 4a, 
24.14 	6a, and 6b, are repealed.

24.15 	ARTICLE 2
24.16 	CLEAN WATER

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

24.27				APPROPRIATIONS
	
24.28				Available for the Year
	
24.29				Ending June 30
	
24.30					2010
		2011

24.31	Sec. 2. POLLUTION CONTROL AGENCY
 	$
	-0-
	$
	310,000
	
25.1 	$310,000 the second year is for continued 
25.2 	rulemaking to establish water quality 
25.3 	standards for total nitrogen and nitrate 
25.4 	nitrogen.

25.5
25.6	Sec. 3. DEPARTMENT OF NATURAL 
RESOURCES
 	$
	-0-
	$
	5,000,000
	
25.7 	$5,000,000 the second year is to the 
25.8 	commissioner of natural resources for the 
25.9 	following purposes:
25.10 	(1) establish a groundwater monitoring 
25.11 	network in the 11-county metropolitan area 
25.12 	that monitors nonstressed systems to provide 
25.13 	information on aquifer characteristics and 
25.14 	natural water level and water quality trends; 
25.15 	and
25.16 	(2) develop an automated data system, 
25.17 	including existing wells, to capture 
25.18 	groundwater level and water use data to 
25.19 	enhance the evaluation of water resource 
25.20 	changes in aquifer systems that are stressed 
25.21 	by pumping of existing wells.
25.22 	The commissioner shall collaborate with the 
25.23 	commissioners of health and the Pollution 
25.24 	Control Agency in designing the methods 
25.25 	used to collect and evaluate the data.

25.26
25.27	Sec. 4. BOARD OF WATER AND SOIL 
RESOURCES
 	$
	-0-
	$
	1,615,000
	
25.28 	(a) $558,000 the second year is to purchase 
25.29 	and restore permanent conservation 
25.30 	easements on riparian buffers of up to 120 
25.31 	feet adjacent to public waters, excluding 
25.32 	wetlands, to keep water on the land in 
25.33 	order to decrease sediment, pollutant, and 
25.34 	nutrient transport, reduce hydrologic impacts 
26.1 	to surface waters, and increase infiltration 
26.2 	for groundwater recharge. The riparian 
26.3 	buffers must be at least 50 feet unless 
26.4 	there is a natural impediment, a road, or 
26.5 	other impediment beyond the control of 
26.6 	the landowner. This appropriation may 
26.7 	be used for restoration of riparian buffers 
26.8 	protected by easements purchased with 
26.9 	this appropriation and for stream bank 
26.10 	restorations when the riparian buffers have 
26.11 	been restored. Up to five percent may be 
26.12 	used for administration of this program and 
26.13 	up to five percent may be used for technical 
26.14 	design, construction, and project oversight.
26.15 	(b) $557,000 the second year is for grants 
26.16 	to watershed districts and watershed 
26.17 	management organizations for: (1) structural 
26.18 	or vegetative management practices that 
26.19 	reduce storm water runoff from developed 
26.20 	or disturbed lands to reduce the movement 
26.21 	of sediment, nutrients, and pollutants or 
26.22 	to leverage federal funds for restoration, 
26.23 	protection, or enhancement of water quality 
26.24 	in lakes, rivers, and streams and to protect 
26.25 	groundwater and drinking water; and (2) 
26.26 	the installation of proven and effective 
26.27 	water retention practices including, but not 
26.28 	limited to, rain gardens and other vegetated 
26.29 	infiltration basins and sediment control 
26.30 	basins in order to keep water on the land. 
26.31 	The projects must be of long-lasting public 
26.32 	benefit, include a local match, and be 
26.33 	consistent with TMDL implementation plans 
26.34 	or local water management plans. Watershed 
26.35 	district and watershed management 
26.36 	organization staff and administration may 
27.1 	be used for the local match. Priority may be 
27.2 	given to school projects that can be used to 
27.3 	demonstrate water retention practices. Up to 
27.4 	five percent may be used for administering 
27.5 	the grants and up to five percent may be 
27.6 	used for technical design, construction, and 
27.7 	project oversight.
27.8 	(c) $500,000 the second year is for 
27.9 	permanent conservation easements on 
27.10 	wellhead protection areas under Minnesota 
27.11 	Statutes, section 103F.515, subdivision 2, 
27.12 	paragraph (d). Priority must be placed on 
27.13 	land that is located where the vulnerability 
27.14 	of the drinking water supply management 
27.15 	area, as defined under Minnesota Rules, 
27.16 	part 4720.5100, subpart 13, is designated as 
27.17 	high or very high by the commissioner of 
27.18 	health. Up to five percent may be used for 
27.19 	administration of this program and up to five 
27.20 	percent may be used for technical design, 
27.21 	construction, and project oversight.
27.22 	(d) The Star Lake Board, established under 
27.23 	Minnesota Statutes, section 103B.702, shall 
27.24 	provide recommendations to the Board of 
27.25 	Water and Soil Resources on a set of criteria 
27.26 	that could be used to designate a lake or river 
27.27 	as a "Minnesota Star Lake" or "Minnesota 
27.28 	Star River."
27.29 	(e) The appropriations in fiscal year 2011 to 
27.30 	the Board of Water and Soil Resources in 
27.31 	Laws 2009, chapter 172, article 2, section 
27.32 	6, are available until June 30, 2012, and, 
27.33 	unless otherwise specified, may utilize up to 
27.34 	five percent for administration of grant and 
27.35 	easement programs and up to five percent for 
28.1 	technical design, construction, and project 
28.2 	oversight.

28.3 	Sec. 5. Laws 2009, chapter 172, article 2, section 4, is amended to read:

28.4
28.5	Sec. 4. POLLUTION CONTROL AGENCY
 	$
	24,076,000
	$
	27,285,000
22,785,000
	
28.6 	(a) $9,000,000 the first year and $9,000,000 
28.7 	the second year are to develop total 
28.8 	maximum daily load (TMDL) studies and 
28.9 	TMDL implementation plans for waters 
28.10 	listed on the United States Environmental 
28.11 	Protection Agency approved impaired 
28.12 	waters list in accordance with Minnesota 
28.13 	Statutes, chapter 114D. The agency shall 
28.14 	complete an average of ten percent of the 
28.15 	TMDLs each year over the biennium. Of 
28.16 	this amount, $348,000 the first year is to 
28.17 	retest the comprehensive assessment of the 
28.18 	biological conditions of the lower Minnesota 
28.19 	River and its tributaries within the Lower 
28.20 	Minnesota River Major Watershed, as 
28.21 	previously assessed from 1976 to 1992 under 
28.22 	the Minnesota River Assessment Project 
28.23 	(MRAP). The assessment must include the 
28.24 	same fish species sampling at the same 116 
28.25 	locations and the same macroinvertebrate 
28.26 	sampling at the same 41 locations as the 
28.27 	MRAP assessment. The assessment must:
28.28 	(1) include an analysis of the findings; and
28.29 	(2) identify factors that limit aquatic life in 
28.30 	the Minnesota River.
28.31 	Of this amount, $250,000 the first year is 
28.32 	for a pilot project for the development of 
28.33 	total maximum daily load (TMDL) studies 
28.34 	conducted on a watershed basis within 
29.1 	the Buffalo River watershed in order to 
29.2 	protect, enhance, and restore water quality 
29.3 	in lakes, rivers, and streams. The pilot 
29.4 	project shall include all necessary field 
29.5 	work to develop TMDL studies for all 
29.6 	impaired subwatersheds within the Buffalo 
29.7 	River watershed and provide information 
29.8 	necessary to complete reports for most of the 
29.9 	remaining watersheds, including analysis of 
29.10 	water quality data, identification of sources 
29.11 	of water quality degradation and stressors, 
29.12 	load allocation development, development 
29.13 	of reports that provide protection plans 
29.14 	for subwatersheds that meet water quality 
29.15 	standards, and development of reports that 
29.16 	provide information necessary to complete 
29.17 	TMDL studies for subwatersheds that do not 
29.18 	meet water quality standards, but are not 
29.19 	listed as impaired.
29.20 	(b) $500,000 the first year is for development 
29.21 	of an enhanced TMDL database to manage 
29.22 	and track progress. Of this amount, $63,000 
29.23 	the first year is to promulgate rules. By 
29.24 	November 1, 2010, the commissioner shall 
29.25 	submit a report to the chairs of the house of 
29.26 	representatives and senate committees with 
29.27 	jurisdiction over environment and natural 
29.28 	resources finance on the outcomes achieved 
29.29 	with this appropriation.
29.30 	(c) $1,500,000 the first year and $3,169,000 
29.31 	the second year are for grants under 
29.32 	Minnesota Statutes, section 116.195, to 
29.33 	political subdivisions for up to 50 percent 
29.34 	of the costs to predesign, design, and 
29.35 	implement capital projects that use treated 
29.36 	municipal wastewater instead of groundwater 
30.1 	from drinking water aquifers, in order to 
30.2 	demonstrate the beneficial use of wastewater, 
30.3 	including the conservation and protection of 
30.4 	water resources. Of this amount, $1,000,000 
30.5 	the first year is for grants to ethanol plants 
30.6 	that are within one and one-half miles of a 
30.7 	city for improvements that reuse greater than 
30.8 	300,000 gallons of wastewater per day.
30.9 	(d) $1,125,000 the first year and $1,125,000 
30.10 	the second year are for groundwater 
30.11 	assessment and drinking water protection to 
30.12 	include:
30.13 	(1) the installation and sampling of at least 
30.14 	30 new monitoring wells;
30.15 	(2) the analysis of samples from at least 40 
30.16 	shallow monitoring wells each year for the 
30.17 	presence of endocrine disrupting compounds; 
30.18 	and
30.19 	(3) the completion of at least four to 
30.20 	five groundwater models for TMDL and 
30.21 	watershed plans.
30.22 	(e) $2,500,000 the first year is for the clean 
30.23 	water partnership program. Priority shall be 
30.24 	given to projects preventing impairments and 
30.25 	degradation of lakes, rivers, streams, and 
30.26 	groundwater in accordance with Minnesota 
30.27 	Statutes, section 114D.20, subdivision 2, 
30.28 	clause (4). Any balance remaining in the first 
30.29 	year does not cancel and is available for the 
30.30 	second year.
30.31 	(f) $896,000 the first year is to establish 
30.32 	a network of water monitoring sites, to 
30.33 	include at least 20 additional sites, in public 
30.34 	waters adjacent to wastewater treatment 
30.35 	facilities across the state to assess levels of 
31.1 	endocrine-disrupting compounds, antibiotic 
31.2 	compounds, and pharmaceuticals as required 
31.3 	in this article. The data must be placed on 
31.4 	the agency's Web site.
31.5 	(g) $155,000 the first year is to provide 
31.6 	notification of the potential for coal tar 
31.7 	contamination, establish a storm water 
31.8 	pond inventory schedule, and develop best 
31.9 	management practices for treating and 
31.10 	cleaning up contaminated sediments as 
31.11 	required in this article. $345,000 $645,000
31.12 	the second year is to develop a model 
31.13 	ordinance for the restricted use of undiluted 
31.14 	coal tar sealants and to provide grants to local 
31.15 	units of government for up to 50 percent of 
31.16 	the costs to implement best management 
31.17 	practices to treat or clean up contaminated 
31.18 	sediments in storm water ponds and other 
31.19 	waters as defined under this article. Local 
31.20 	governments must have adopted an ordinance 
31.21 	for the restricted use of undiluted coal tar 
31.22 	sealants in order to be eligible for a grant, 
31.23 	unless a statewide restriction has been 
31.24 	implemented. A grant awarded under this 
31.25 	paragraph must not exceed $100,000. Up to 
31.26 	$145,000 of the appropriation in the second 
31.27 	year may be used to complete work required 
31.28 	under section 28, paragraph (c).
31.29 	(h) $350,000 the first year and $400,000
31.30 	$600,000 the second year are for a restoration 
31.31 	project in the lower St. Louis River and 
31.32 	Duluth harbor in order to improve water 
31.33 	quality. This appropriation must be matched 
31.34 	by nonstate money at a rate of at least $2 for 
31.35 	every $1 of state money.
32.1 	(i) $150,000 the first year and $196,000 the 
32.2 	second year are for grants to the Red River 
32.3 	Watershed Management Board to enhance 
32.4 	and expand existing river watch activities in 
32.5 	the Red River of the North. The Red River 
32.6 	Watershed Management Board shall provide 
32.7 	a report that includes formal evaluation 
32.8 	results from the river watch program to the 
32.9 	commissioners of education and the Pollution 
32.10 	Control Agency and to the legislative natural 
32.11 	resources finance and policy committees 
32.12 	and K-12 finance and policy committees by 
32.13 	February 15, 2011.
32.14 	(j) $200,000 the first year and $300,000 the 
32.15 	second year are for coordination with the 
32.16 	state of Wisconsin and the National Park 
32.17 	Service on comprehensive water monitoring 
32.18 	and phosphorus reduction activities in the 
32.19 	Lake St. Croix portion of the St. Croix 
32.20 	River. The Pollution Control Agency 
32.21 	shall work with the St. Croix Basin Water 
32.22 	Resources Planning Team and the St. Croix 
32.23 	River Association in implementing the 
32.24 	water monitoring and phosphorus reduction 
32.25 	activities. This appropriation is available 
32.26 	to the extent matched by nonstate sources. 
32.27 	Money not matched by November 15, 2010, 
32.28 	cancels for this purpose and is available for 
32.29 	the purposes of paragraph (a).
32.30 	(k) $7,500,000 the first year and $7,500,000 
32.31 	the second year are for completion of 20 
32.32 	percent of the needed statewide assessments 
32.33 	of surface water quality and trends. Of this 
32.34 	amount, $175,000 the first year and $200,000 
32.35 	the second year are for monitoring and 
33.1 	analyzing endocrine disruptors in surface 
33.2 	waters.
33.3 	(l) $100,000 the first year and $150,000 
33.4 	the second year are for civic engagement 
33.5 	in TMDL development. The agency shall 
33.6 	develop a plan for expenditures under 
33.7 	this paragraph. The agency shall give 
33.8 	consideration to civic engagement proposals 
33.9 	from basin or sub-basin organizations, 
33.10 	including the Mississippi Headwaters Board, 
33.11 	the Minnesota River Joint Powers Board, 
33.12 	Area II Minnesota River Basin Projects, 
33.13 	and the Red River Basin Commission. 
33.14 	By November 15, 2009, the plan shall be 
33.15 	submitted to the house and senate chairs 
33.16 	and ranking minority members of the 
33.17 	environmental finance divisions.
33.18 	(m) $5,000,000 the second year is for 
33.19 	groundwater protection or prevention of 
33.20 	groundwater degradation activities. By 
33.21 	January 15, 2010, the commissioner, in 
33.22 	consultation with the commissioner of 
33.23 	natural resources, the Board of Water and 
33.24 	Soil Resources, and other agencies, shall 
33.25 	submit a report to the chairs of the house of 
33.26 	representatives and senate committees with 
33.27 	jurisdiction over the clean water fund on the 
33.28 	intended use of these funds. The legislature 
33.29 	must approve expenditure of these funds by 
33.30 	law.
33.31 	(n) $100,000 the first year and $100,000 the 
33.32 	second year are for grants to the Star Lake 
33.33 	Board established under Minnesota Statutes, 
33.34 	section 103B.702. The appropriation is a 
33.35 	pilot program to focus on engaging citizen 
34.1 	participation and fostering local partnerships 
34.2 	by increasing citizen involvement in water 
34.3 	quality enhancement by designating star 
34.4 	lakes and rivers. The board shall include 
34.5 	information on the results of this pilot 
34.6 	program in its next biennial report under 
34.7 	Minnesota Statutes, section 103B.702. The 
34.8 	second year grants are available only if 
34.9 	the Board of Water and Soil Resources 
34.10 	determines that the money granted in the first 
34.11 	year furthered the water quality goals in the 
34.12 	star lakes program in Minnesota Statutes, 
34.13 	section 103B.701. * (The preceding 
34.14 	paragraph beginning "(n) $100,000 the 
34.15 	first year" was indicated as vetoed by the 
34.16 	governor.)
34.17 	Notwithstanding Minnesota Statutes, section 
34.18 	16A.28, the appropriations encumbered on or 
34.19 	before June 30, 2011, as grants or contracts in 
34.20 	this section are available until June 30, 2013.

34.21 	ARTICLE 3
34.22 	GENERAL PROVISIONS

34.23 	Section 1. Minnesota Statutes 2008, section 3.971, is amended by adding a subdivision 
34.24 	to read:
34.25 		Subd. 9.Restoration audits. The legislative auditor, at the direction of the 
34.26 	Legislative Audit Commission, shall conduct restoration audits on a limited sample of 
34.27 	land restorations funded in whole or in part with state funds to determine whether the 
34.28 	activities and programs funded with state funds, including the outdoor heritage fund, 
34.29 	the parks and trails fund, the clean water fund, and the arts and cultural heritage funds, 
34.30 	are accomplishing restoration goals. The audit must be based solely on the project's 
34.31 	goals, parameters, and outcomes, as contained in approved project proposals and 
34.32 	accomplishment plans, and must include a critical analysis of the restoration goals and 
34.33 	objectives, scientific evaluation of the results, and the effectiveness of the restorations in 
34.34 	meeting applicable restoration requirements. The legislative auditor may hire or contract 
35.1 	with scientists and other appropriate persons to meet this requirement. Restoration audits 
35.2 	shall be funded out of the fund that funded the restoration, when possible, and may not 
35.3 	exceed one-quarter of one percent of available funds within the applicable dedicated fund 
35.4 	in any given biennium. For the purposes of this section, a "restoration audit" is a scientific 
35.5 	evaluation of an area of land that has been restored in order to determine whether the 
35.6 	restoration meets applicable requirements for the restoration.

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

35.8 	Sec. 2. [3.9715] PAYMENT FROM HERITAGE FUNDS FOR AUDIT COSTS.
35.9 	The outdoor heritage fund, the clean water fund, the parks and trails fund, and the 
35.10 	arts and cultural heritage fund, established in the Minnesota Constitution, article XI, 
35.11 	section 15, must each pay the legislative auditor for costs incurred by the legislative 
35.12 	auditor to examine financial activities related to each fund. The legislative auditor shall 
35.13 	provide cost data to the commissioner of management and budget to determine the amount 
35.14 	of the required payments. The amount required to make these payments is appropriated 
35.15 	from each fund for payments to the legislative auditor under this section. Amounts 
35.16 	received by the legislative auditor under this section are appropriated to the legislative 
35.17 	auditor for purposes of examining financial activities related to each fund. The legislative 
35.18 	auditor shall report by January 15 each year to the chairs and ranking minority members of 
35.19 	the house of representatives and senate funding divisions with jurisdiction over the Office 
35.20 	of the Legislative Auditor and the funds established in the Minnesota Constitution, article 
35.21 	XI, section 15, on past and projected future expenditure of funds under this section.

35.22 	Sec. 3. Minnesota Statutes 2009 Supplement, section 85.53, subdivision 2, is amended 
35.23 	to read:
35.24 		Subd. 2.Expenditures; accountability. (a) A project or program receiving funding 
35.25 	from the parks and trails fund must meet or exceed the constitutional requirement to 
35.26 	support parks and trails of regional or statewide significance. A project or program 
35.27 	receiving funding from the parks and trails fund must include measurable outcomes, as 
35.28 	defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the 
35.29 	results. A project or program must be consistent with current science and incorporate 
35.30 	state-of-the-art technology, except when the project or program is a portrayal or restoration 
35.31 	of historical significance.
35.32 	(b) Money from the parks and trails fund shall be expended to balance the benefits 
35.33 	across all regions and residents of the state. 
36.1 	(c) All information for funded projects, including the proposed measurable 
36.2 	outcomes, must be made available on the Web site required under section 3.303, 
36.3 	subdivision 10, as soon as practicable. Information on the measured outcomes and 
36.4 	evaluation must be posted as soon as it becomes available.
36.5 	(d) Grants funded by the parks and trails fund must be implemented according to 
36.6 	section 16B.98 and must account for all expenditures. Proposals must specify a process 
36.7 	for any regranting envisioned. Priority for grant proposals must be given to proposals 
36.8 	involving grants that will be competitively awarded.
36.9 	(e) A recipient of money from the parks and trails fund must display a sign on lands 
36.10 	and capital improvements purchased, restored, or protected with money from the parks 
36.11 	and trails fund that includes the logo developed by the commissioner of natural resources 
36.12 	to identify it as a project funded with money from the vote of the people of Minnesota on 
36.13 	November 4, 2008. shall display, where practicable, a sign with the logo selected by the 
36.14 	Board of the Arts as follows when funded by the parks and trails fund: on construction 
36.15 	projects; at access points to any land or water resources acquired in fee or a less-than-fee 
36.16 	title interest; and on lands that were restored, protected, or enhanced. A recipient shall 
36.17 	also incorporate the logo, where practicable, into printed and other materials funded 
36.18 	with money from the parks and trails fund.
36.19 	(f) Money from the parks and trails fund may only be spent on projects located 
36.20 	in Minnesota.

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

36.30 	Sec. 5. Minnesota Statutes 2009 Supplement, section 114D.50, subdivision 4, is 
36.31 	amended to read:
36.32 		Subd. 4.Expenditures; accountability. (a) A project receiving funding from the 
36.33 	clean water fund must meet or exceed the constitutional requirements to protect, enhance, 
36.34 	and restore water quality in lakes, rivers, and streams and to protect groundwater and 
37.1 	drinking water from degradation. Priority may be given to projects that meet more than 
37.2 	one of these requirements. A project receiving funding from the clean water fund shall 
37.3 	include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for 
37.4 	measuring and evaluating the results. A project must be consistent with current science 
37.5 	and incorporate state-of-the-art technology.
37.6 	(b) Money from the clean water fund shall be expended to balance the benefits 
37.7 	across all regions and residents of the state.
37.8 	(c) All information for proposed and funded projects, including the proposed 
37.9 	measurable outcomes, must be made available on the Web site required under section 
37.10 	3.303, subdivision 10, as soon as practicable. Information on the measured outcomes and 
37.11 	evaluation must be posted as it becomes available. Information classified as not public 
37.12 	under section 13D.05, subdivision 3, paragraph (d), is not required to be placed on the 
37.13 	Web site.
37.14 	(d) Grants funded by the clean water fund must be implemented according to section 
37.15 	16B.98 and must account for all expenditures. Proposals must specify a process for any 
37.16 	regranting envisioned. Priority for grant proposals must be given to proposals involving 
37.17 	grants that will be competitively awarded.
37.18 	(e) Money from the clean water fund may only be spent on projects that benefit 
37.19 	Minnesota waters.
37.20 	(f) A recipient of money from the clean water fund shall display, where practicable, 
37.21 	a sign with the logo selected by the Board of the Arts as follows when funded by the clean 
37.22 	water fund: on construction projects; at access points to any land or water resources 
37.23 	acquired in fee or a less-than-fee title interest; and on lands that were restored, protected, 
37.24 	or enhanced. A recipient shall also incorporate the logo, where practicable, into printed 
37.25 	and other materials funded with money from the clean water fund.

37.26 	Sec. 6. Minnesota Statutes 2009 Supplement, section 129D.17, subdivision 2, is 
37.27 	amended to read:
37.28 		Subd. 2.Expenditures; accountability. (a) Funding from the arts and cultural 
37.29 	heritage fund may be spent only for arts, arts education, and arts access, and to preserve 
37.30 	Minnesota's history and cultural heritage. A project or program receiving funding from 
37.31 	the arts and cultural heritage fund must include measurable outcomes, and a plan for 
37.32 	measuring and evaluating the results. A project or program must be consistent with 
37.33 	current scholarship, or best practices, when appropriate and incorporate state-of-the-art 
37.34 	technology when appropriate.
38.1 	(b) Funding from the arts and cultural heritage fund may be granted for an entire 
38.2 	project or for part of a project so long as the recipient provides a description and cost for 
38.3 	the entire project and can demonstrate that it has adequate resources to ensure that the 
38.4 	entire project will be completed. 
38.5 	(c) Money from the arts and cultural heritage fund shall be expended for benefits 
38.6 	across all regions and residents of the state.
38.7 	(d) All information for funded projects, including the proposed measurable 
38.8 	outcomes, must be made available on the Legislative Coordinating Commission Web 
38.9 	site, as soon as practicable. Information on the measured outcomes and evaluation must 
38.10 	be posted as soon as it becomes available.
38.11 	(e) Grants funded by the arts and cultural heritage fund must be implemented 
38.12 	according to section 16B.98 and must account for all expenditures of funds. Priority for 
38.13 	grant proposals must be given to proposals involving grants that will be competitively 
38.14 	awarded.
38.15 	(f) A recipient of money from the arts and cultural heritage fund must display a sign 
38.16 	with the logo selected by the Board of the Arts on capital projects during construction and 
38.17 	an acknowledgment in a printed program or other material funded with money from the 
38.18 	arts and cultural heritage fund that identifies it as a project funded with money from the 
38.19 	vote of the people of Minnesota on November 4, 2008 arts and cultural heritage fund.
38.20 	(g) All money from the arts and cultural heritage fund must be for projects located 
38.21 	in Minnesota.

38.22 	Sec. 7. FUNDS CARRYOVER.
 38.23 	Unless otherwise provided, the amounts appropriated in Laws 2009, chapter 172, 
38.24 	are available until June 30, 2011. For acquisition of an interest in real property, the 
38.25 	amounts in Laws 2009, chapter 172, are available until June 30, 2012. If a project receives 
38.26 	federal funds, the time period of the appropriation is extended to equal the availability 
38.27 	of federal funding.

38.28 	Sec. 8. PARKS.
 38.29 	The Minneapolis Park and Recreation Board may acquire the entire property 
38.30 	known as the Scherer Brothers Lumber Yard for a metropolitan area regional park and 
38.31 	may allocate any future appropriations to the board from the parks and trails fund to 
38.32 	acquire the property.

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

39.4 	Sec. 9.  REPEALER.
 39.5 	Laws 2009, chapter 172, article 5, section 9, is repealed.