SF 1363

1st Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 05/16/2011 08:41 a.m.

1.1A bill for an act 1.2relating to state government; appropriating money from the outdoor heritage 1.3fund, clean water fund, parks and trails fund, and arts and cultural heritage fund; 1.4modifying certain outdoor heritage provisions; establishing accounts; modifying 1.5the Clean Water Legacy Act; revising membership and duties of the Clean 1.6Water Council; establishing State Capitol Preservation Commission; providing 1.7appointments; establishing reporting and other requirements for legacy fund 1.8recipients;amending Minnesota Statutes 2010, sections 3.303, subdivision 10; 1.985.013, by adding a subdivision; 85.53, subdivision 2; 97A.056, subdivisions 1.102, 3, by adding subdivisions; 114D.10; 114D.20, subdivisions 1, 2, 3, 6, 7; 1.11114D.30; 114D.35; 114D.50, subdivision 4; 116.195; 129D.17, subdivision 2; 1.12129D.18, subdivisions 3, 4; 129D.19, subdivision 5; Laws 2009, chapter 172, 1.13article 1, section 2, subdivisions 3, 15; article 2, section 4, as amended; article 4, 1.14section 9, subdivision 5; Laws 2010, chapter 361, article 1, section 2, subdivision 1.1514; article 2, section 3; proposing coding for new law in Minnesota Statutes, 1.16chapters 15B; 16B; 84; 138; repealing Minnesota Statutes 2010, sections 84.02, 1.17subdivisions 1, 2, 3, 4, 6, 7, 8; 114D.45. 1.18BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.19ARTICLE 1 1.20OUTDOOR HERITAGE FUND 1.21 Section 1. new text begin OUTDOOR HERITAGE APPROPRIATION. new text end 1.22 new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 1.23 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 1.24 new text begin outdoor heritage fund and are available for the fiscal years indicated for each purpose. The new text end 1.25 new text begin figures "2012" and "2013" used in this article mean that the appropriations listed under new text end 1.26 new text begin them are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. new text end 1.27 new text begin "The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" new text end 1.28 new text begin is fiscal years 2012 and 2013. The appropriations in this article are onetime. new text end 2.1 new text begin APPROPRIATIONS new text end 2.2 new text begin Available for the Year new text end 2.3 new text begin Ending June 30 new text end 2.4 new text begin 2012 new text end new text begin 2013 new text end 2.5 Sec. 2. new text begin OUTDOOR HERITAGE new text end 2.6 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 92,126,000 new text end new text begin $ new text end new text begin 471,000 new text end 2.7 new text begin This appropriation is from the outdoor new text end 2.8 new text begin heritage fund. The amounts that may be new text end 2.9 new text begin spent for each purpose are specified in the new text end 2.10 new text begin following subdivisions. new text end 2.11 new text begin Subd. 2. new text end new text begin Prairies and Grasslands new text end new text begin 35,324,000 new text end new text begin -0- new text end 2.12 new text begin (a) Wildlife Management Area, Scientific new text end 2.13 new text begin and Natural Areas, and Prairie Bank new text end 2.14 new text begin Easement Acquisition - Phase III new text end 2.15 new text begin $4,690,000 the first year is to the new text end 2.16 new text begin commissioner of natural resources to: new text end 2.17 new text begin (1) acquire land in fee for wildlife new text end 2.18 new text begin management area purposes under Minnesota new text end 2.19 new text begin Statutes, sections 86A.05, subdivision 8, and new text end 2.20 new text begin 97A.145; new text end 2.21 new text begin (2) acquire land in fee for scientific and new text end 2.22 new text begin natural area purposes under Minnesota new text end 2.23 new text begin Statutes, sections 84.033 and 86A.05, new text end 2.24 new text begin subdivision 5; and new text end 2.25 new text begin (3) acquire native prairie bank easements new text end 2.26 new text begin under Minnesota Statutes, section 84.96. new text end 2.27 new text begin Of this amount, $759,000 is for transfer new text end 2.28 new text begin to the outdoor heritage land management new text end 2.29 new text begin account in the special revenue fund for the new text end 2.30 new text begin purposes specified in Minnesota Statutes, new text end 2.31 new text begin section 97A.056, subdivision 1a. new text end 2.32 new text begin A list of proposed land or permanent new text end 2.33 new text begin conservation easement acquisitions must new text end 3.1 new text begin be provided as part of the required new text end 3.2 new text begin accomplishment plan. The accomplishment new text end 3.3 new text begin plan must include an easement monitoring new text end 3.4 new text begin and enforcement plan. Money appropriated new text end 3.5 new text begin from the outdoor heritage fund for easement new text end 3.6 new text begin acquisition may be used to establish a new text end 3.7 new text begin monitoring and enforcement fund as new text end 3.8 new text begin approved in the accomplishment plan, new text end 3.9 new text begin and subject to subdivision 15. An annual new text end 3.10 new text begin financial report is required for any monitoring new text end 3.11 new text begin and enforcement fund established, including new text end 3.12 new text begin expenditures from the fund. new text end 3.13 new text begin (b) Accelerated Prairie Restoration and new text end 3.14 new text begin Enhancement on DNR Lands - Phase III new text end 3.15 new text begin $1,652,000 the first year is to the new text end 3.16 new text begin commissioner of natural resources to new text end 3.17 new text begin accelerate the restoration and enhancement new text end 3.18 new text begin on wildlife management areas, scientific and new text end 3.19 new text begin natural areas, and land under native prairie new text end 3.20 new text begin bank easements. new text end 3.21 new text begin (c) Minnesota Buffers for Wildlife and new text end 3.22 new text begin Water new text end 3.23 new text begin $2,249,000 the first year is to the Board of new text end 3.24 new text begin Water and Soil Resources in cooperation new text end 3.25 new text begin with Pheasants Forever to acquire permanent new text end 3.26 new text begin conservation easements to enhance habitat new text end 3.27 new text begin by expanding riparian wildlife buffers on new text end 3.28 new text begin private land. A list of proposed easement new text end 3.29 new text begin acquisitions must be provided as part of new text end 3.30 new text begin the required accomplishment plan. The new text end 3.31 new text begin accomplishment plan must include an new text end 3.32 new text begin easement monitoring and enforcement new text end 3.33 new text begin plan. Money appropriated from the outdoor new text end 3.34 new text begin heritage fund for easement acquisition new text end 3.35 new text begin may be used to establish a monitoring new text end 4.1 new text begin and enforcement fund as approved in new text end 4.2 new text begin the accomplishment plan and subject to new text end 4.3 new text begin subdivision 15. An annual financial report is new text end 4.4 new text begin required for any monitoring and enforcement new text end 4.5 new text begin fund established, including expenditures new text end 4.6 new text begin from the fund. new text end 4.7 new text begin (d) Northern Tallgrass Prairie National new text end 4.8 new text begin Wildlife Refuge Land Acquisition - Phase new text end 4.9 new text begin III new text end 4.10 new text begin $1,720,000 the first year is to the new text end 4.11 new text begin commissioner of natural resources for an new text end 4.12 new text begin agreement with The Nature Conservancy new text end 4.13 new text begin to acquire land or permanent easements new text end 4.14 new text begin within the Northern Tallgrass Prairie Habitat new text end 4.15 new text begin Preservation Area in western Minnesota for new text end 4.16 new text begin addition to the Northern Tallgrass Prairie new text end 4.17 new text begin National Wildlife Refuge. A list of proposed new text end 4.18 new text begin land acquisitions must be provided as part new text end 4.19 new text begin of the required accomplishment plan. The new text end 4.20 new text begin accomplishment plan must include an new text end 4.21 new text begin easement monitoring and enforcement plan. new text end 4.22 new text begin (e) Minnesota Prairie Recovery Project - new text end 4.23 new text begin Phase II new text end 4.24 new text begin $4,500,000 the first year is to the new text end 4.25 new text begin commissioner of natural resources for an new text end 4.26 new text begin agreement with The Nature Conservancy to new text end 4.27 new text begin acquire native prairie and savanna and restore new text end 4.28 new text begin and enhance grasslands and savanna. A list of new text end 4.29 new text begin proposed land acquisitions must be provided new text end 4.30 new text begin as part of the required accomplishment plan. new text end 4.31 new text begin Acquisitions, restorations, and enhancements new text end 4.32 new text begin must be within the two existing and two new text end 4.33 new text begin additional pilot focus areas contained in new text end 4.34 new text begin the accomplishment plan. Annual income new text end 4.35 new text begin statements and balance sheets for income new text end 5.1 new text begin and expenses from land acquired with new text end 5.2 new text begin appropriations from the outdoor heritage new text end 5.3 new text begin fund must be submitted to the Lessard-Sams new text end 5.4 new text begin Outdoor Heritage Council. new text end 5.5 new text begin (f) Cannon River Headwaters Habitat new text end 5.6 new text begin Complex - Phase I new text end 5.7 new text begin $1,877,000 the first year is to the new text end 5.8 new text begin commissioner of natural resources for an new text end 5.9 new text begin agreement with The Trust for Public Land new text end 5.10 new text begin to acquire and restore lands in the Cannon new text end 5.11 new text begin River watershed for wildlife management new text end 5.12 new text begin area purposes under Minnesota Statutes, new text end 5.13 new text begin section 86A.05, subdivision 8, or aquatic new text end 5.14 new text begin management areas under Minnesota Statutes, new text end 5.15 new text begin sections 86A.05, subdivision 14, and 97C.02. new text end 5.16 new text begin Of this amount, $344,000 is for transfer new text end 5.17 new text begin to the outdoor heritage land management new text end 5.18 new text begin account in the special revenue fund for the new text end 5.19 new text begin purposes specified in Minnesota Statutes, new text end 5.20 new text begin section 97A.056, subdivision 1a. A list of new text end 5.21 new text begin proposed land acquisitions must be provided new text end 5.22 new text begin as part of the required accomplishment plan. new text end 5.23 new text begin (g) Accelerating the Wildlife Management new text end 5.24 new text begin Area Program - Phase III new text end 5.25 new text begin $6,691,000 the first year is to the new text end 5.26 new text begin commissioner of natural resources for an new text end 5.27 new text begin agreement with Pheasants Forever to acquire new text end 5.28 new text begin prairie and other habitat areas for wildlife new text end 5.29 new text begin management area purposes under Minnesota new text end 5.30 new text begin Statutes, section 86A.05, subdivision 8. Of new text end 5.31 new text begin this amount, $1,191,000 is for transfer to the new text end 5.32 new text begin outdoor heritage land management account new text end 5.33 new text begin in the special revenue fund for the purposes new text end 5.34 new text begin specified in Minnesota Statutes, section new text end 5.35 new text begin 97A.056, subdivision 1a. A list of proposed new text end 6.1 new text begin land acquisitions must be provided as part of new text end 6.2 new text begin the required accomplishment plan. new text end 6.3 new text begin (h) Accelerating the Waterfowl Production new text end 6.4 new text begin Area Program - Phase III new text end 6.5 new text begin $9,815,000 the first year is to the new text end 6.6 new text begin commissioner of natural resources for new text end 6.7 new text begin an agreement with Pheasants Forever to new text end 6.8 new text begin accelerate the acquisition of wetlands and new text end 6.9 new text begin grasslands to be added to the waterfowl new text end 6.10 new text begin production area system in Minnesota in new text end 6.11 new text begin cooperation with the United States Fish and new text end 6.12 new text begin Wildlife Service. A list of proposed land new text end 6.13 new text begin acquisitions must be provided as part of the new text end 6.14 new text begin required accomplishment plan. new text end 6.15 new text begin (i) The Green Corridor Legacy Program - new text end 6.16 new text begin Phase III new text end 6.17 new text begin $2,130,000 the first year is to the new text end 6.18 new text begin commissioner of natural resources for new text end 6.19 new text begin an agreement with the Redwood Area new text end 6.20 new text begin Development Corporation to acquire land new text end 6.21 new text begin for wildlife management area purposes new text end 6.22 new text begin under Minnesota Statutes, section 86A.05, new text end 6.23 new text begin subdivision 8, or aquatic management new text end 6.24 new text begin areas under Minnesota Statutes, sections new text end 6.25 new text begin 86A.05, subdivision 14, and 97C.02. Of new text end 6.26 new text begin this amount, $359,000 is for transfer to the new text end 6.27 new text begin outdoor heritage land management account new text end 6.28 new text begin in the special revenue fund for the purposes new text end 6.29 new text begin specified in Minnesota Statutes, section new text end 6.30 new text begin 97A.056, subdivision 1a. A list of proposed new text end 6.31 new text begin land acquisitions must be provided as part of new text end 6.32 new text begin the required accomplishment plan. new text end 6.33 new text begin (j) Native Prairie Report new text end 6.34 new text begin By January 15, 2012, the Lessard-Sams new text end 6.35 new text begin Outdoor Heritage Council shall submit a new text end 7.1 new text begin report to the chairs and ranking minority new text end 7.2 new text begin members of the house of representatives new text end 7.3 new text begin and senate committees and divisions with new text end 7.4 new text begin jurisdiction over the outdoor heritage fund new text end 7.5 new text begin and environment and natural resources new text end 7.6 new text begin finance and policy that details the amount new text end 7.7 new text begin of native prairie protected, enhanced, new text end 7.8 new text begin and restored with outdoor heritage fund new text end 7.9 new text begin appropriations for fiscal years 2010, 2011, new text end 7.10 new text begin and 2012. The report must include: new text end 7.11 new text begin (1) the total number of acres of native prairie new text end 7.12 new text begin that have been protected; and new text end 7.13 new text begin (2) the total number of acres of native prairie new text end 7.14 new text begin that have been restored. new text end 7.15 new text begin Subd. 3. new text end new text begin Forests new text end new text begin 16,039,000 new text end new text begin -0- new text end 7.16 new text begin (a) Minnesota Forests for the Future - new text end 7.17 new text begin Phase III new text end 7.18 new text begin $5,409,000 the first year is to the new text end 7.19 new text begin commissioner of natural resources to new text end 7.20 new text begin acquire forest and wetland habitat through new text end 7.21 new text begin working forest easements and fee acquisition new text end 7.22 new text begin under the Minnesota forests for the future new text end 7.23 new text begin program pursuant to Minnesota Statutes, new text end 7.24 new text begin section 84.66. A conservation easement new text end 7.25 new text begin acquired with money appropriated under this new text end 7.26 new text begin paragraph must comply with subdivision new text end 7.27 new text begin 13. A list of proposed land acquisitions new text end 7.28 new text begin must be provided as part of the required new text end 7.29 new text begin accomplishment plan. The accomplishment new text end 7.30 new text begin plan must include an easement monitoring new text end 7.31 new text begin and enforcement plan. Money appropriated new text end 7.32 new text begin from the outdoor heritage fund for easement new text end 7.33 new text begin acquisition may be used to establish a new text end 7.34 new text begin monitoring and enforcement fund as new text end 7.35 new text begin approved in the accomplishment plan new text end 8.1 new text begin and subject to subdivision 15. An annual new text end 8.2 new text begin financial report is required for any monitoring new text end 8.3 new text begin and enforcement fund established, including new text end 8.4 new text begin expenditures from the fund. new text end 8.5 new text begin (b) LaSalle Lake: Protecting Critical new text end 8.6 new text begin Mississippi Headwaters Habitat new text end 8.7 new text begin $5,709,000 the first year is to the new text end 8.8 new text begin commissioner of natural resources for an new text end 8.9 new text begin agreement with The Trust for Public Land new text end 8.10 new text begin to acquire land adjacent to LaSalle Lake in new text end 8.11 new text begin Hubbard County. Of this amount, $1,077,000 new text end 8.12 new text begin is for transfer to the outdoor heritage land new text end 8.13 new text begin management account in the special revenue new text end 8.14 new text begin fund for the purposes specified in Minnesota new text end 8.15 new text begin Statutes, section 97A.056, subdivision new text end 8.16 new text begin 1a. A list of proposed land acquisitions new text end 8.17 new text begin must be provided as part of the required new text end 8.18 new text begin accomplishment plan. If the acquisition new text end 8.19 new text begin is not completed by July 15, 2012, or if a new text end 8.20 new text begin balance remains after acquisition of land, the new text end 8.21 new text begin money under this paragraph is available for new text end 8.22 new text begin acquisition under subdivision 2, paragraph new text end 8.23 new text begin (a). new text end 8.24 new text begin (c) Accelerated Forest Habitat new text end 8.25 new text begin Enhancement - Phase II new text end 8.26 new text begin $826,000 the first year is to the commissioner new text end 8.27 new text begin of natural resources to restore and enhance new text end 8.28 new text begin lands in state forests, pursuant to Minnesota new text end 8.29 new text begin Statutes, section 89.021. new text end 8.30 new text begin (d) Northeastern Minnesota Sharp-Tailed new text end 8.31 new text begin Grouse Habitat Partnership - Phase II new text end 8.32 new text begin $1,199,000 the first year is to the new text end 8.33 new text begin commissioner of natural resources for new text end 8.34 new text begin an agreement with Pheasants Forever in new text end 8.35 new text begin cooperation with the Minnesota Sharp-Tailed new text end 9.1 new text begin Grouse Society to acquire and enhance new text end 9.2 new text begin lands for wildlife management area purposes new text end 9.3 new text begin under Minnesota Statutes, section 86A.05, new text end 9.4 new text begin subdivision 8. Of this amount, $211,000 new text end 9.5 new text begin is for transfer to the outdoor heritage land new text end 9.6 new text begin management account in the special revenue new text end 9.7 new text begin fund for the purposes specified in Minnesota new text end 9.8 new text begin Statutes, section 97A.056, subdivision new text end 9.9 new text begin 1a. A list of proposed land acquisitions new text end 9.10 new text begin must be provided as part of the required new text end 9.11 new text begin accomplishment plan. new text end 9.12 new text begin (e) Lower Mississippi River Habitat new text end 9.13 new text begin Partnership - Phase II new text end 9.14 new text begin $863,000 the first year is to the commissioner new text end 9.15 new text begin of natural resources to acquire and enhance new text end 9.16 new text begin habitat in the lower Root River and new text end 9.17 new text begin lower Zumbro River watersheds, pursuant new text end 9.18 new text begin to Minnesota Statutes, section 86A.05, new text end 9.19 new text begin subdivisions 7 and 8. Of this amount, new text end 9.20 new text begin $156,000 is for transfer to the outdoor new text end 9.21 new text begin heritage land management account in the new text end 9.22 new text begin special revenue fund for the purposes new text end 9.23 new text begin specified in Minnesota Statutes, section new text end 9.24 new text begin 97A.056, subdivision 1a. A list of proposed new text end 9.25 new text begin land acquisitions must be provided as part of new text end 9.26 new text begin the required accomplishment plan. new text end 9.27 new text begin (f) Protect Key Forest Habitat Lands in new text end 9.28 new text begin Cass County - Phase II new text end 9.29 new text begin $604,000 the first year is to the commissioner new text end 9.30 new text begin of natural resources for an agreement with new text end 9.31 new text begin Cass County to acquire land in fee for forest new text end 9.32 new text begin wildlife habitat. A list of proposed land new text end 9.33 new text begin acquisitions must be provided as part of the new text end 9.34 new text begin required accomplishment plan. new text end 9.35 new text begin (g) State Forest Acquisition new text end 10.1 new text begin $1,429,000 the first year is to the new text end 10.2 new text begin commissioner of natural resources to acquire new text end 10.3 new text begin land in fee and permanent management new text end 10.4 new text begin access easements for state forests under new text end 10.5 new text begin Minnesota Statutes, section 86A.05, new text end 10.6 new text begin subdivision 7. Of this amount, $224,000 new text end 10.7 new text begin is for transfer to the outdoor heritage land new text end 10.8 new text begin management account in the special revenue new text end 10.9 new text begin fund for the purposes specified in Minnesota new text end 10.10 new text begin Statutes, section 97A.056, subdivision new text end 10.11 new text begin 1a. A list of proposed land acquisitions new text end 10.12 new text begin must be provided as part of the required new text end 10.13 new text begin accomplishment plan. new text end 10.14 new text begin Subd. 4. new text end new text begin Wetlands new text end new text begin 15,934,000 new text end new text begin -0- new text end 10.15 new text begin (a) Reinvest in Minnesota Wetlands new text end 10.16 new text begin Reserve Acquisition and Restoration new text end 10.17 new text begin Program Partnership - Phase III new text end 10.18 new text begin $13,000,000 the first year is to the Board new text end 10.19 new text begin of Water and Soil Resources to acquire new text end 10.20 new text begin permanent conservation easements and new text end 10.21 new text begin restore wetlands and associated upland new text end 10.22 new text begin habitat in cooperation with the United States new text end 10.23 new text begin Department of Agriculture Wetlands Reserve new text end 10.24 new text begin Program. A list of proposed land acquisitions new text end 10.25 new text begin must be provided as part of the required new text end 10.26 new text begin accomplishment plan. The accomplishment new text end 10.27 new text begin plan must include an easement monitoring new text end 10.28 new text begin and enforcement plan. Money appropriated new text end 10.29 new text begin from the outdoor heritage fund for easement new text end 10.30 new text begin acquisition may be used to establish a new text end 10.31 new text begin monitoring and enforcement fund as new text end 10.32 new text begin approved in the accomplishment plan new text end 10.33 new text begin and subject to subdivision 15. An annual new text end 10.34 new text begin financial report is required for any monitoring new text end 10.35 new text begin and enforcement fund established, including new text end 11.1 new text begin expenditures from the fund and a description new text end 11.2 new text begin of monitoring and enforcement activities. new text end 11.3 new text begin (b) Accelerated Shallow Lakes and new text end 11.4 new text begin Wetlands Restoration and Enhancement - new text end 11.5 new text begin Phase III new text end 11.6 new text begin $936,000 the first year is to the commissioner new text end 11.7 new text begin of natural resources to develop engineering new text end 11.8 new text begin designs for shallow lakes and wetlands and new text end 11.9 new text begin restore and enhance shallow lakes. new text end 11.10 new text begin (c) Shallow Lake Shoreland Protection: new text end 11.11 new text begin Wild Rice Lakes new text end 11.12 new text begin $1,998,000 the first year is to the new text end 11.13 new text begin commissioner of natural resources for an new text end 11.14 new text begin agreement with Ducks Unlimited and the new text end 11.15 new text begin Board of Water and Soil Resources to acquire new text end 11.16 new text begin wild rice lake shoreland habitat in fee and new text end 11.17 new text begin as permanent conservation easements as new text end 11.18 new text begin follows: $500,000 to the Department of new text end 11.19 new text begin Natural Resources; $1,100,000 to the Board new text end 11.20 new text begin of Water and Soil Resources; $291,000 to new text end 11.21 new text begin Ducks Unlimited; and $107,000 for transfer new text end 11.22 new text begin to the outdoor heritage land management new text end 11.23 new text begin account in the special revenue fund for the new text end 11.24 new text begin purposes specified in Minnesota Statutes, new text end 11.25 new text begin section 97A.056, subdivision 1a. A list of new text end 11.26 new text begin proposed land acquisitions must be provided new text end 11.27 new text begin as part of the required accomplishment plan. new text end 11.28 new text begin The accomplishment plan must include new text end 11.29 new text begin an easement monitoring and enforcement new text end 11.30 new text begin plan. Money appropriated from the outdoor new text end 11.31 new text begin heritage fund for easement acquisition new text end 11.32 new text begin may be used to establish a monitoring new text end 11.33 new text begin and enforcement fund as approved in new text end 11.34 new text begin the accomplishment plan and subject to new text end 11.35 new text begin subdivision 15. An annual financial report is new text end 12.1 new text begin required for any monitoring and enforcement new text end 12.2 new text begin fund established, including expenditures new text end 12.3 new text begin from the fund. new text end 12.4 new text begin Subd. 5. new text end new text begin Habitat new text end new text begin 24,086,000 new text end new text begin -0- new text end 12.5 new text begin (a) Accelerated Aquatic Management new text end 12.6 new text begin Area Habitat Program - Phase III new text end 12.7 new text begin $7,061,000 the first year is to the new text end 12.8 new text begin commissioner of natural resources to new text end 12.9 new text begin acquire interests in land in fee or permanent new text end 12.10 new text begin conservation easements for aquatic new text end 12.11 new text begin management areas under Minnesota Statutes, new text end 12.12 new text begin sections 86A.05, subdivision 14, and 97C.02, new text end 12.13 new text begin to restore and enhance aquatic habitat. new text end 12.14 new text begin Of this amount, $561,000 is for transfer new text end 12.15 new text begin to the outdoor heritage land management new text end 12.16 new text begin account in the special revenue fund for the new text end 12.17 new text begin purposes specified in Minnesota Statutes, new text end 12.18 new text begin section 97A.056, subdivision 1a. A list new text end 12.19 new text begin of proposed acquisitions and stream and new text end 12.20 new text begin lake habitat restorations and enhancements new text end 12.21 new text begin must be provided as part of the required new text end 12.22 new text begin accomplishment plan. The accomplishment new text end 12.23 new text begin plan must include an easement monitoring new text end 12.24 new text begin and enforcement plan. Money appropriated new text end 12.25 new text begin from the outdoor heritage fund for easement new text end 12.26 new text begin acquisition may be used to establish a new text end 12.27 new text begin monitoring and enforcement fund as new text end 12.28 new text begin approved in the accomplishment plan new text end 12.29 new text begin and subject to subdivision 15. An annual new text end 12.30 new text begin financial report is required for any monitoring new text end 12.31 new text begin and enforcement fund established, including new text end 12.32 new text begin expenditures from the fund. new text end 12.33 new text begin (b) Coldwater Fish Habitat Enhancement new text end 12.34 new text begin Program - Phase III new text end 13.1 new text begin $1,533,000 the first year is to the new text end 13.2 new text begin commissioner of natural resources for an new text end 13.3 new text begin agreement with Minnesota Trout Unlimited new text end 13.4 new text begin to restore, enhance, and protect cold water new text end 13.5 new text begin river and stream habitats in Minnesota. A list new text end 13.6 new text begin of proposed projects, describing types and new text end 13.7 new text begin locations of restorations and enhancements, new text end 13.8 new text begin must be provided as part of the required new text end 13.9 new text begin accomplishment plan. new text end 13.10 new text begin (c) Land Addition to the Janet Johnson new text end 13.11 new text begin Memorial Wildlife Management Area new text end 13.12 new text begin $707,000 the first year is to the commissioner new text end 13.13 new text begin of natural resources for an agreement with new text end 13.14 new text begin Chisago County to acquire land in fee to new text end 13.15 new text begin be added to the Janet Johnson Memorial new text end 13.16 new text begin Wildlife Management Area under Minnesota new text end 13.17 new text begin Statutes, section 86A.05, subdivision 8. Of new text end 13.18 new text begin this amount, $130,000 is for transfer to the new text end 13.19 new text begin outdoor heritage land management account new text end 13.20 new text begin in the special revenue fund for the purposes new text end 13.21 new text begin specified in Minnesota Statutes, section new text end 13.22 new text begin 97A.056, subdivision 1a. A list of proposed new text end 13.23 new text begin land acquisitions must be provided as part of new text end 13.24 new text begin the required accomplishment plan. new text end 13.25 new text begin (d) Metro Big Rivers Habitat - Phase II new text end 13.26 new text begin $5,481,000 the first year is to the new text end 13.27 new text begin commissioner of natural resources for new text end 13.28 new text begin agreements to acquire interests in land in new text end 13.29 new text begin fee or permanent conservation easements new text end 13.30 new text begin and to restore and enhance natural systems new text end 13.31 new text begin associated with the Mississippi, Minnesota, new text end 13.32 new text begin and St. Croix Rivers as follows: $960,000 new text end 13.33 new text begin to the Minnesota Valley National Wildlife new text end 13.34 new text begin Refuge Trust, Inc.; $150,000 to Great River new text end 13.35 new text begin Greening; $840,000 to Minnesota Land new text end 14.1 new text begin Trust; $150,000 to Friends of the Mississippi new text end 14.2 new text begin River; $2,900,000 to The Trust for Public new text end 14.3 new text begin Land; and $481,000 for transfer to the new text end 14.4 new text begin outdoor heritage land management account new text end 14.5 new text begin in the special revenue fund for the purposes new text end 14.6 new text begin specified in Minnesota Statutes, section new text end 14.7 new text begin 97A.056, subdivision 1a. A list of proposed new text end 14.8 new text begin projects, describing types and locations of new text end 14.9 new text begin acquisitions, restorations, and enhancements, new text end 14.10 new text begin must be provided as part of the required new text end 14.11 new text begin accomplishment plan. The accomplishment new text end 14.12 new text begin plan must include an easement monitoring new text end 14.13 new text begin and enforcement plan. Money appropriated new text end 14.14 new text begin from the outdoor heritage fund for easement new text end 14.15 new text begin acquisition may be used to establish a new text end 14.16 new text begin monitoring and enforcement fund as new text end 14.17 new text begin approved in the accomplishment plan new text end 14.18 new text begin and subject to subdivision 15. An annual new text end 14.19 new text begin financial report is required for any monitoring new text end 14.20 new text begin and enforcement fund established, including new text end 14.21 new text begin expenditures from the fund. new text end 14.22 new text begin (e) Protecting Sensitive Shorelands in new text end 14.23 new text begin North Central Minnesota new text end 14.24 new text begin $1,098,000 the first year is to the new text end 14.25 new text begin commissioner of natural resources for new text end 14.26 new text begin agreements with the Leech Lake Watershed new text end 14.27 new text begin Foundation and the Minnesota Land Trust new text end 14.28 new text begin as follows: $339,000 to the Leech Lake new text end 14.29 new text begin Watershed Foundation; $741,000 to the new text end 14.30 new text begin Minnesota Land Trust; and $18,000 to the new text end 14.31 new text begin Department of Natural Resources to pay for new text end 14.32 new text begin acquisition-related expenses and monitoring new text end 14.33 new text begin costs of donated permanent conservation new text end 14.34 new text begin easements on sensitive shorelands in north new text end 14.35 new text begin central Minnesota. A list of proposed land new text end 14.36 new text begin acquisitions must be provided as part of new text end 15.1 new text begin the required accomplishment plan. The new text end 15.2 new text begin accomplishment plan must include an new text end 15.3 new text begin easement monitoring and enforcement new text end 15.4 new text begin plan. Money appropriated from the outdoor new text end 15.5 new text begin heritage fund for easement acquisition new text end 15.6 new text begin may be used to establish a monitoring new text end 15.7 new text begin and enforcement fund as approved in new text end 15.8 new text begin the accomplishment plan and subject to new text end 15.9 new text begin subdivision 15. An annual financial report is new text end 15.10 new text begin required for any monitoring and enforcement new text end 15.11 new text begin fund established, including expenditures new text end 15.12 new text begin from the fund. new text end 15.13 new text begin (f) Restoring Native Habitat and Water new text end 15.14 new text begin Quality to Shell Rock River - Phase II new text end 15.15 new text begin $2,577,000 the first year is to the new text end 15.16 new text begin commissioner of natural resources for new text end 15.17 new text begin an agreement with the Shell Rock River new text end 15.18 new text begin Watershed District to acquire land in fee new text end 15.19 new text begin at the headwaters of the Shell Rock River new text end 15.20 new text begin for aquatic management area purposes new text end 15.21 new text begin under Minnesota Statutes, sections 86A.05, new text end 15.22 new text begin subdivision 14, and 97C.02, to restore new text end 15.23 new text begin and enhance aquatic habitat. The leases new text end 15.24 new text begin for gravel mining existing at the time of new text end 15.25 new text begin acquisition may not be extended and all gross new text end 15.26 new text begin income generated from mining operations new text end 15.27 new text begin must be transferred to the commissioner of new text end 15.28 new text begin management and budget and credited to the new text end 15.29 new text begin outdoor heritage fund. A list of proposed new text end 15.30 new text begin land acquisitions must be provided as part of new text end 15.31 new text begin the required accomplishment plan. new text end 15.32 new text begin (g) Outdoor Heritage Conservation new text end 15.33 new text begin Partners Grant Program - Phase III new text end 15.34 new text begin $5,629,000 the first year is to the new text end 15.35 new text begin commissioner of natural resources for a new text end 16.1 new text begin program to provide competitive, matching new text end 16.2 new text begin grants of up to $400,000 to local, regional, new text end 16.3 new text begin state, and national organizations for new text end 16.4 new text begin enhancement, restoration, or protection of new text end 16.5 new text begin forests, wetlands, prairies, and habitat for new text end 16.6 new text begin fish, game, or wildlife in Minnesota. Grants new text end 16.7 new text begin shall not be made for activities required to new text end 16.8 new text begin fulfill the duties of owners of lands subject new text end 16.9 new text begin to conservation easements. Grants shall new text end 16.10 new text begin not be made from appropriations in this new text end 16.11 new text begin paragraph for projects that have a total new text end 16.12 new text begin project cost exceeding $475,000. $319,000 new text end 16.13 new text begin of this appropriation may be spent for new text end 16.14 new text begin personnel costs and other administrative new text end 16.15 new text begin costs. Grantees may acquire land or interests new text end 16.16 new text begin in land. Easements must be permanent. new text end 16.17 new text begin Land acquired in fee must be open to new text end 16.18 new text begin hunting and fishing during the open season new text end 16.19 new text begin unless otherwise provided by state law. The new text end 16.20 new text begin program shall require a match of at least ten new text end 16.21 new text begin percent from nonstate sources for grants of new text end 16.22 new text begin $100,000 or less and a match of at least 15 new text end 16.23 new text begin percent from nonstate sources for grants over new text end 16.24 new text begin $100,000. Up to one-third of the match may new text end 16.25 new text begin be in-kind resources. For grant applications new text end 16.26 new text begin of $25,000 or less, the commissioner shall new text end 16.27 new text begin provide a separate, simplified application new text end 16.28 new text begin process. The criteria for evaluating grant new text end 16.29 new text begin applications over $25,000 must include the new text end 16.30 new text begin amount of habitat restored, enhanced, or new text end 16.31 new text begin protected; local support; encouragement new text end 16.32 new text begin of a local conservation culture; urgency; new text end 16.33 new text begin capacity to achieve multiple benefits; new text end 16.34 new text begin habitat benefits provided; consistency with new text end 16.35 new text begin current conservation science; adjacency new text end 16.36 new text begin to protected lands; full funding of the new text end 17.1 new text begin project; supplementing existing funding; new text end 17.2 new text begin public access for hunting and fishing during new text end 17.3 new text begin the open season; sustainability; degree new text end 17.4 new text begin of collaboration; and use of native plant new text end 17.5 new text begin materials. All projects must conform to new text end 17.6 new text begin the Minnesota statewide conservation and new text end 17.7 new text begin preservation plan. Wildlife habitat projects new text end 17.8 new text begin must also conform to the Minnesota wildlife new text end 17.9 new text begin action plan. Subject to the evaluation new text end 17.10 new text begin criteria and requirements of this paragraph new text end 17.11 new text begin and Minnesota Statutes, the commissioner new text end 17.12 new text begin of natural resources shall give priority to new text end 17.13 new text begin organizations that have a history of receiving new text end 17.14 new text begin or charter to receive private contributions new text end 17.15 new text begin for local conservation or habitat projects new text end 17.16 new text begin when evaluating projects of equal value. If new text end 17.17 new text begin acquiring land or a conservation easement, new text end 17.18 new text begin priority shall be given to projects associated new text end 17.19 new text begin with existing wildlife management areas new text end 17.20 new text begin under Minnesota Statutes, section 86A.05, new text end 17.21 new text begin subdivision 8; scientific and natural areas new text end 17.22 new text begin under Minnesota Statutes, sections 84.033 new text end 17.23 new text begin and 86A.05, subdivision 5; and aquatic new text end 17.24 new text begin management areas under Minnesota Statutes, new text end 17.25 new text begin sections 86A.05, subdivision 14, and 97C.02. new text end 17.26 new text begin All restoration or enhancement projects new text end 17.27 new text begin must be on land permanently protected by a new text end 17.28 new text begin conservation easement or public ownership new text end 17.29 new text begin or in public waters as defined in Minnesota new text end 17.30 new text begin Statutes, section 103G.005, subdivision new text end 17.31 new text begin 15. Priority shall be given to restoration new text end 17.32 new text begin and enhancement projects on public lands. new text end 17.33 new text begin Subdivision 9 applies to grants awarded new text end 17.34 new text begin under this paragraph. This appropriation is new text end 17.35 new text begin available until June 30, 2015. No less than new text end 17.36 new text begin five percent of the amount of each grant new text end 18.1 new text begin must be held back from reimbursement until new text end 18.2 new text begin the grant recipient has completed a grant new text end 18.3 new text begin accomplishment report by the deadline and new text end 18.4 new text begin in the form prescribed by and satisfactory to new text end 18.5 new text begin the Lessard-Sams Outdoor Heritage Council. new text end 18.6 new text begin The commissioner shall provide notice of the new text end 18.7 new text begin grant program in the 2011 game and fish law new text end 18.8 new text begin summaries that are prepared under Minnesota new text end 18.9 new text begin Statutes, section 97A.051, subdivision 2. new text end 18.10 new text begin Subd. 6. new text end new text begin Administration new text end new text begin 743,000 new text end new text begin 471,000 new text end 18.11 new text begin (a) Contract Management new text end 18.12 new text begin $175,000 the first year is to the commissioner new text end 18.13 new text begin of natural resources for contract management new text end 18.14 new text begin duties assigned in this section. The new text end 18.15 new text begin commissioner shall provide documentation new text end 18.16 new text begin to the Legislative Coordinating Commission new text end 18.17 new text begin on the expenditure of these funds. new text end 18.18 new text begin (b) Legislative Coordinating Commission new text end 18.19 new text begin (1) $471,000 the first year and $471,000 new text end 18.20 new text begin the second year are to the Legislative new text end 18.21 new text begin Coordinating Commission for two years of new text end 18.22 new text begin administrative expenses of the Lessard-Sams new text end 18.23 new text begin Outdoor Heritage Council and for two years new text end 18.24 new text begin of compensation and expense reimbursement new text end 18.25 new text begin of council members. new text end 18.26 new text begin (2) $13,000 the first year is to the Legislative new text end 18.27 new text begin Coordinating Commission for the Web site new text end 18.28 new text begin required under Minnesota Statutes, section new text end 18.29 new text begin 3.303, subdivision 10. new text end 18.30 new text begin (c) Technical Assistance Panel new text end 18.31 new text begin $84,000 the first year is to the commissioner new text end 18.32 new text begin of natural resources for a technical assistance new text end 18.33 new text begin panel to conduct up to ten restoration audits new text end 19.1 new text begin under Minnesota Statutes, section 97A.056, new text end 19.2 new text begin subdivision 10. new text end 19.3 new text begin Subd. 7. new text end new text begin Availability of Appropriation new text end 19.4 new text begin Money appropriated in this section may new text end 19.5 new text begin not be spent on activities unless they are new text end 19.6 new text begin directly related to and necessary for a new text end 19.7 new text begin specific appropriation and are specified new text end 19.8 new text begin in the accomplishment plan. Money new text end 19.9 new text begin appropriated in this section must not be new text end 19.10 new text begin spent on indirect costs or other institutional new text end 19.11 new text begin overhead charges that are not directly related new text end 19.12 new text begin to and necessary for a specific appropriation. new text end 19.13 new text begin Unless otherwise provided, the amounts new text end 19.14 new text begin in this section are available until June 30, new text end 19.15 new text begin 2014, when projects must be completed and new text end 19.16 new text begin final accomplishments reported. Funds for new text end 19.17 new text begin restoration or enhancement are available new text end 19.18 new text begin until June 30, 2016, or four years after new text end 19.19 new text begin acquisition, whichever is later, in order to new text end 19.20 new text begin complete restoration or enhancement work. new text end 19.21 new text begin If a project receives federal funds, the time new text end 19.22 new text begin period of the appropriation is extended to new text end 19.23 new text begin equal the availability of federal funding. new text end 19.24 new text begin Funds appropriated for fee title acquisition new text end 19.25 new text begin of land may be used to restore, enhance, and new text end 19.26 new text begin provide for the public use of land acquired new text end 19.27 new text begin with the appropriation. Public use facilities new text end 19.28 new text begin must have a minimal impact on habitat on new text end 19.29 new text begin acquired lands. new text end 19.30 new text begin Subd. 8. new text end new text begin Accomplishment Plans new text end 19.31 new text begin It is a condition of acceptance of the new text end 19.32 new text begin appropriations made under this section that new text end 19.33 new text begin the agency or entity using the appropriation new text end 19.34 new text begin submit to the Lessard-Sams Outdoor new text end 19.35 new text begin Heritage Council an accomplishment plan new text end 20.1 new text begin and periodic accomplishment reports in new text end 20.2 new text begin the form determined by the council. The new text end 20.3 new text begin accomplishment plan must identify the new text end 20.4 new text begin project manager responsible for expending new text end 20.5 new text begin the appropriation and the final product. The new text end 20.6 new text begin accomplishment plan must account for the new text end 20.7 new text begin use of the appropriation and outcomes of new text end 20.8 new text begin the expenditure in measures of wetlands, new text end 20.9 new text begin prairies, forests, and fish, game, and wildlife new text end 20.10 new text begin habitat restored, protected, and enhanced. new text end 20.11 new text begin The plan must include an evaluation of new text end 20.12 new text begin results. None of the money provided in this new text end 20.13 new text begin section may be expended unless the council new text end 20.14 new text begin has approved the pertinent accomplishment new text end 20.15 new text begin plan. new text end 20.16 new text begin Subd. 9. new text end new text begin Project Requirements new text end 20.17 new text begin (a) As a condition of accepting an new text end 20.18 new text begin appropriation made under this section, an new text end 20.19 new text begin agency or entity receiving an appropriation new text end 20.20 new text begin must comply with this subdivision for any new text end 20.21 new text begin project funded in whole or in part with funds new text end 20.22 new text begin from the appropriation. new text end 20.23 new text begin (b) All conservation easements acquired with new text end 20.24 new text begin money appropriated under this section must: new text end 20.25 new text begin (1) be permanent; (2) specify the parties to new text end 20.26 new text begin the easement; (3) specify all of the provisions new text end 20.27 new text begin of an agreement that are permanent; (4) new text end 20.28 new text begin specify the habitat types and location new text end 20.29 new text begin being protected; (5) where appropriate for new text end 20.30 new text begin conservation or water protection outcomes, new text end 20.31 new text begin require the grantor to employ practices new text end 20.32 new text begin retaining water on the eased land as long as new text end 20.33 new text begin practicable; (6) specify the responsibilities new text end 20.34 new text begin of the parties for habitat enhancement and new text end 20.35 new text begin restoration and the associated costs of these new text end 21.1 new text begin activities; (7) be sent to the office of the new text end 21.2 new text begin Lessard-Sams Outdoor Heritage Council; (8) new text end 21.3 new text begin include a long-term stewardship plan and new text end 21.4 new text begin identify the sources and amount of funding new text end 21.5 new text begin for monitoring and enforcing the easement new text end 21.6 new text begin agreement; and (9) identify the parties new text end 21.7 new text begin responsible for monitoring and enforcing the new text end 21.8 new text begin easement agreement. new text end 21.9 new text begin (c) For all restorations, a recipient must new text end 21.10 new text begin prepare and retain an ecological restoration new text end 21.11 new text begin and management plan that, to the degree new text end 21.12 new text begin practicable, is consistent with current new text end 21.13 new text begin conservation science and ecological goals new text end 21.14 new text begin for the restoration site. Consideration should new text end 21.15 new text begin be given to soil, geology, topography, and new text end 21.16 new text begin other relevant factors that would provide new text end 21.17 new text begin the best chance for long-term success and new text end 21.18 new text begin durability of the restoration projects. The new text end 21.19 new text begin plan must include the proposed timetable for new text end 21.20 new text begin implementing the restoration, including, but new text end 21.21 new text begin not limited to, site preparation, establishment new text end 21.22 new text begin of diverse plant species, maintenance, and new text end 21.23 new text begin additional enhancement to establish the new text end 21.24 new text begin restoration; identify long-term maintenance new text end 21.25 new text begin and management needs of the restoration new text end 21.26 new text begin and how the maintenance, management, new text end 21.27 new text begin and enhancement will be financed; and use new text end 21.28 new text begin current conservation science to achieve the new text end 21.29 new text begin best restoration. new text end 21.30 new text begin (d) For new lands acquired, a recipient new text end 21.31 new text begin must prepare a restoration and management new text end 21.32 new text begin plan in compliance with paragraph (c), new text end 21.33 new text begin including identification of sufficient funding new text end 21.34 new text begin for implementation. new text end 22.1 new text begin (e) To ensure public accountability for the new text end 22.2 new text begin use of public funds, a recipient must provide new text end 22.3 new text begin to the Lessard-Sams Outdoor Heritage new text end 22.4 new text begin Council documentation of the process new text end 22.5 new text begin used to select parcels acquired in fee or as new text end 22.6 new text begin permanent conservation easements and must new text end 22.7 new text begin provide the council with documentation new text end 22.8 new text begin of all related transaction costs, including, new text end 22.9 new text begin but not limited to, appraisals, legal fees, new text end 22.10 new text begin recording fees, commissions, other similar new text end 22.11 new text begin costs, and donations. This information new text end 22.12 new text begin must be provided for all parties involved new text end 22.13 new text begin in the transaction. The recipient must new text end 22.14 new text begin also report to the Lessard-Sams Outdoor new text end 22.15 new text begin Heritage Council any difference between the new text end 22.16 new text begin acquisition amount paid to the seller and the new text end 22.17 new text begin state-certified or state-reviewed appraisal, if new text end 22.18 new text begin a state-certified or state-reviewed appraisal new text end 22.19 new text begin was conducted. Acquisition data such new text end 22.20 new text begin as appraisals may remain private during new text end 22.21 new text begin negotiations but must ultimately be made new text end 22.22 new text begin public according to Minnesota Statutes, new text end 22.23 new text begin chapter 13. new text end 22.24 new text begin (f) Except as otherwise provided in this new text end 22.25 new text begin section, all restoration and enhancement new text end 22.26 new text begin projects funded with money appropriated new text end 22.27 new text begin under this section must be on land new text end 22.28 new text begin permanently protected by a conservation new text end 22.29 new text begin easement or public ownership or in public new text end 22.30 new text begin waters as defined in Minnesota Statutes, new text end 22.31 new text begin section 103G.005, subdivision 15. new text end 22.32 new text begin (g) To the extent an appropriation is used to new text end 22.33 new text begin acquire an interest in real property, a recipient new text end 22.34 new text begin of an appropriation under this section must new text end 22.35 new text begin provide to the Lessard-Sams Outdoor new text end 22.36 new text begin Heritage Council and the commissioner new text end 23.1 new text begin of management and budget an analysis of new text end 23.2 new text begin increased operations and maintenance costs new text end 23.3 new text begin likely to be incurred by public entities as new text end 23.4 new text begin a result of the acquisition and of how these new text end 23.5 new text begin costs are to be paid. new text end 23.6 new text begin (h) A recipient of money under this section new text end 23.7 new text begin must erect signage according to Laws 2009, new text end 23.8 new text begin chapter 172, article 5, section 10. new text end 23.9 23.10 new text begin Subd. 10. new text end new text begin Payment Conditions and Capital new text end new text begin Equipment Expenditures new text end 23.11 new text begin All agreements, grants, or contracts referred new text end 23.12 new text begin to in this section must be administered on new text end 23.13 new text begin a reimbursement basis unless otherwise new text end 23.14 new text begin provided in this section. Notwithstanding new text end 23.15 new text begin Minnesota Statutes, section 16A.41, new text end 23.16 new text begin expenditures directly related to each new text end 23.17 new text begin appropriation's purpose made on or after July new text end 23.18 new text begin 1, 2011, are eligible for reimbursement unless new text end 23.19 new text begin otherwise provided in this section. Periodic new text end 23.20 new text begin reimbursement must be made upon receiving new text end 23.21 new text begin documentation that the deliverable items new text end 23.22 new text begin articulated in the approved accomplishment new text end 23.23 new text begin plan have been achieved, including partial new text end 23.24 new text begin achievements as evidenced by approved new text end 23.25 new text begin progress reports. Reasonable amounts may new text end 23.26 new text begin be advanced to projects to accommodate new text end 23.27 new text begin cash flow needs, support future management new text end 23.28 new text begin of acquired lands, or match a federal share. new text end 23.29 new text begin The advances must be approved as part of new text end 23.30 new text begin the accomplishment plan. Capital equipment new text end 23.31 new text begin expenditures for specific items in excess of new text end 23.32 new text begin $10,000 must be itemized in and approved as new text end 23.33 new text begin part of the accomplishment plan. new text end 23.34 23.35 new text begin Subd. 11. new text end new text begin Purchase of Recycled and Recyclable new text end new text begin Materials new text end 24.1 new text begin A political subdivision, public or private new text end 24.2 new text begin corporation, or other entity that receives an new text end 24.3 new text begin appropriation under this section must use the new text end 24.4 new text begin appropriation in compliance with Minnesota new text end 24.5 new text begin Statutes, sections 16B.121, regarding new text end 24.6 new text begin purchase of recycled, repairable, and durable new text end 24.7 new text begin materials, and 16B.122, regarding purchase new text end 24.8 new text begin and use of paper stock and printing. new text end 24.9 new text begin Subd. 12. new text end new text begin Accessibility new text end 24.10 new text begin Structural and nonstructural facilities must new text end 24.11 new text begin meet the design standards in the Americans new text end 24.12 new text begin with Disabilities Act (ADA) accessibility new text end 24.13 new text begin guidelines. new text end 24.14 new text begin Subd. 13. new text end new text begin Land Acquisition Restrictions new text end 24.15 new text begin (a) An interest in real property, including, but new text end 24.16 new text begin not limited to, an easement or fee title that new text end 24.17 new text begin is acquired with money appropriated under new text end 24.18 new text begin this section must be used in perpetuity or for new text end 24.19 new text begin the specific term of an easement interest for new text end 24.20 new text begin the purpose for which the appropriation was new text end 24.21 new text begin made. new text end 24.22 new text begin (b) A recipient of funding who acquires new text end 24.23 new text begin an interest in real property subject to this new text end 24.24 new text begin subdivision may not alter the intended use new text end 24.25 new text begin of the interest in real property or convey new text end 24.26 new text begin any interest in the real property acquired new text end 24.27 new text begin with the appropriation without the prior new text end 24.28 new text begin review and approval of the Lessard-Sams new text end 24.29 new text begin Outdoor Heritage Council or its successor. new text end 24.30 new text begin The council shall notify the chairs and new text end 24.31 new text begin ranking minority members of the legislative new text end 24.32 new text begin committees and divisions with jurisdiction new text end 24.33 new text begin over the outdoor heritage fund at least 15 new text end 24.34 new text begin business days before approval under this new text end 24.35 new text begin paragraph. The council shall establish new text end 25.1 new text begin procedures to review requests from recipients new text end 25.2 new text begin to alter the use of or convey an interest in new text end 25.3 new text begin real property. These procedures shall allow new text end 25.4 new text begin for the replacement of the interest in real new text end 25.5 new text begin property with another interest in real property new text end 25.6 new text begin meeting the following criteria: (1) the new text end 25.7 new text begin interest must be at least equal in fair market new text end 25.8 new text begin value, as certified by the commissioner new text end 25.9 new text begin of natural resources, to the interest being new text end 25.10 new text begin replaced; and (2) the interest must be in a new text end 25.11 new text begin reasonably equivalent location and have a new text end 25.12 new text begin reasonably equivalent useful conservation new text end 25.13 new text begin purpose compared to the interest being new text end 25.14 new text begin replaced, taking into consideration all effects new text end 25.15 new text begin from fragmentation of the whole habitat. new text end 25.16 new text begin (c) A recipient of funding who acquires an new text end 25.17 new text begin interest in real property under paragraph new text end 25.18 new text begin (a) must separately record a notice of new text end 25.19 new text begin funding restrictions in the appropriate local new text end 25.20 new text begin government office where the conveyance new text end 25.21 new text begin of the interest in real property is filed. The new text end 25.22 new text begin notice of funding agreement must contain: new text end 25.23 new text begin (1) a legal description of the interest in real new text end 25.24 new text begin property covered by the funding agreement; new text end 25.25 new text begin (2) a reference to the underlying funding new text end 25.26 new text begin agreement; (3) a reference to this section; and new text end 25.27 new text begin (4) the following statement: "This interest new text end 25.28 new text begin in real property shall be administered in new text end 25.29 new text begin accordance with the terms, conditions, and new text end 25.30 new text begin purposes of the grant agreement controlling new text end 25.31 new text begin the acquisition of the property. The interest new text end 25.32 new text begin in real property, or any portion of the interest new text end 25.33 new text begin in real property, shall not be sold, transferred, new text end 25.34 new text begin pledged, or otherwise disposed of or further new text end 25.35 new text begin encumbered without obtaining the prior new text end 25.36 new text begin written approval of the Lessard-Sams new text end 26.1 new text begin Outdoor Heritage Council or its successor. new text end 26.2 new text begin The ownership of the interest in real property new text end 26.3 new text begin shall transfer to the state if: (1) the holder of new text end 26.4 new text begin the interest in real property fails to comply new text end 26.5 new text begin with the terms and conditions of the grant new text end 26.6 new text begin agreement or accomplishment plan; or new text end 26.7 new text begin (2) restrictions are placed on the land that new text end 26.8 new text begin preclude its use for the intended purpose as new text end 26.9 new text begin specified in the appropriation." new text end 26.10 new text begin Subd. 14. new text end new text begin Real Property Interest Report new text end 26.11 new text begin By December 1 each year, a recipient of new text end 26.12 new text begin money appropriated under this section that new text end 26.13 new text begin is used for the acquisition of an interest in new text end 26.14 new text begin real property, including, but not limited to, new text end 26.15 new text begin an easement or fee title, must submit annual new text end 26.16 new text begin reports on the status of the real property to new text end 26.17 new text begin the Lessard-Sams Outdoor Heritage Council new text end 26.18 new text begin or its successor in a form determined by the new text end 26.19 new text begin council. The responsibility for reporting new text end 26.20 new text begin under this section may be transferred by new text end 26.21 new text begin the recipient of the appropriation to another new text end 26.22 new text begin person or entity that holds the interest in the new text end 26.23 new text begin real property. To complete the transfer of new text end 26.24 new text begin reporting responsibility, the recipient of the new text end 26.25 new text begin appropriation must: (1) inform the person new text end 26.26 new text begin to whom the responsibility is transferred of new text end 26.27 new text begin that person's reporting responsibility; (2) new text end 26.28 new text begin inform the person to whom the responsibility new text end 26.29 new text begin is transferred of the property restrictions new text end 26.30 new text begin under subdivision 13; and (3) provide written new text end 26.31 new text begin notice to the council of the transfer of new text end 26.32 new text begin reporting responsibility, including contact new text end 26.33 new text begin information for the person to whom the new text end 26.34 new text begin responsibility is transferred. After the new text end 26.35 new text begin transfer, the person or entity that holds the new text end 27.1 new text begin interest in the real property is responsible for new text end 27.2 new text begin reporting requirements under this section. new text end 27.3 27.4 new text begin Subd. 15. new text end new text begin Easement Monitoring and new text end new text begin Enforcement Requirements new text end 27.5 new text begin Money appropriated under this section new text end 27.6 new text begin for easement monitoring and enforcement new text end 27.7 new text begin may be spent only on activities included in new text end 27.8 new text begin an easement monitoring and enforcement new text end 27.9 new text begin plan contained within the accomplishment new text end 27.10 new text begin plan. Money received for monitoring new text end 27.11 new text begin and enforcement, including earnings on new text end 27.12 new text begin the money received, shall be kept in a new text end 27.13 new text begin monitoring and enforcement fund held by new text end 27.14 new text begin the organization and dedicated to monitoring new text end 27.15 new text begin and enforcing conservation easements within new text end 27.16 new text begin Minnesota. Within 120 days after the close new text end 27.17 new text begin of the entity's fiscal year, an entity receiving new text end 27.18 new text begin appropriations for easement monitoring new text end 27.19 new text begin and enforcement must provide an annual new text end 27.20 new text begin financial report to the Lessard-Sams Outdoor new text end 27.21 new text begin Heritage Council on the easement monitoring new text end 27.22 new text begin and enforcement fund as specified in the new text end 27.23 new text begin accomplishment plan. Money appropriated new text end 27.24 new text begin under this section for monitoring and new text end 27.25 new text begin enforcement of easements and earnings on new text end 27.26 new text begin the money appropriated shall revert to the new text end 27.27 new text begin state if: (1) the easement transfers to the new text end 27.28 new text begin state under subdivision 13; (2) the holder of new text end 27.29 new text begin the easement fails to file an annual report new text end 27.30 new text begin and then fails to cure that default within 30 new text end 27.31 new text begin days of notification of the default by the new text end 27.32 new text begin state; or (3) the holder of the easement fails new text end 27.33 new text begin to comply with the terms of the monitoring new text end 27.34 new text begin and enforcement plan contained within the new text end 27.35 new text begin accomplishment plan and fails to cure that new text end 28.1 new text begin default within 90 days of notification of the new text end 28.2 new text begin default by the state. new text end 28.3 new text begin Subd. 16. new text end new text begin Successor Organizations new text end 28.4 new text begin The Lessard-Sams Outdoor Heritage Council new text end 28.5 new text begin may approve the continuation of a project new text end 28.6 new text begin with an organization that has adopted new text end 28.7 new text begin a new name. Continuation of a project new text end 28.8 new text begin with an organization that has undergone new text end 28.9 new text begin a significant change in mission, structure, new text end 28.10 new text begin or purpose requires: (1) notice to the new text end 28.11 new text begin chairs of the legislative committees with new text end 28.12 new text begin relevant jurisdiction; and (2) presentation new text end 28.13 new text begin by the council of proposed legislation either new text end 28.14 new text begin ratifying or rejecting continued involvement new text end 28.15 new text begin with the new organization. new text end 28.16 new text begin Subd. 17. new text end new text begin Appropriations Adjustment new text end 28.17 new text begin (a) Mississippi River Bluffland Prairie new text end 28.18 new text begin Protection Initiative new text end 28.19 new text begin Of the amount appropriated in Laws 2009, new text end 28.20 new text begin chapter 172, article 1, section 2, subdivision new text end 28.21 new text begin 2, paragraph (f), $65,000 is for deposit in new text end 28.22 new text begin a monitoring and enforcement account as new text end 28.23 new text begin authorized in subdivision 15. new text end 28.24 new text begin (b) Critical Shoreline Habitat Protection new text end 28.25 new text begin Program new text end 28.26 new text begin Of the amount appropriated in Laws 2010, new text end 28.27 new text begin chapter 361, article 1, section 2, subdivision new text end 28.28 new text begin 3, paragraph (a), $187,000 is for deposit in new text end 28.29 new text begin a monitoring and enforcement account as new text end 28.30 new text begin authorized in subdivision 15. new text end 28.31 new text begin (c) Riparian and Lakeshore Protection in new text end 28.32 new text begin Dakota County new text end 28.33 new text begin Of the amount appropriated in Laws 2010, new text end 28.34 new text begin chapter 361, article 1, section 2, subdivision new text end 29.1 new text begin 5, paragraph (d), $80,000 is for deposit in new text end 29.2 new text begin a monitoring and enforcement account as new text end 29.3 new text begin authorized in subdivision 15. new text end 29.4 new text begin (d) Valley Creek Protection Partnership new text end 29.5 new text begin Of the amount appropriated in Laws 2010, new text end 29.6 new text begin chapter 361, article 1, section 2, subdivision new text end 29.7 new text begin 5, paragraph (e), $12,000 is for deposit in new text end 29.8 new text begin a monitoring and enforcement account as new text end 29.9 new text begin authorized in subdivision 15. new text end 29.10    Sec. 3. new text begin [84.68] FORESTS FOR THE FUTURE CONSERVATION EASEMENT new text end 29.11 new text begin ACCOUNT. new text end 29.12     new text begin Subdivision 1. new text end new text begin Account established; sources. new text end new text begin The forests for the future new text end 29.13 new text begin conservation easement account is created in the natural resources fund in the state treasury. new text end 29.14 new text begin The following revenue shall be deposited in the account: new text end 29.15 new text begin (1) contributions to the account or specified for any purposes of the account; new text end 29.16 new text begin (2) financial contributions required under section 84.66, subdivision 11, or other new text end 29.17 new text begin applicable law; and new text end 29.18 new text begin (3) money appropriated or transferred for the purposes described in subdivision 2. new text end 29.19 new text begin Interest earned on money in the account accrues to the account. new text end 29.20     new text begin Subd. 2. new text end new text begin Appropriation; purposes of account. new text end new text begin Money in the forests for the future new text end 29.21 new text begin conservation easement account is appropriated annually to the commissioner of natural new text end 29.22 new text begin resources and may be spent only to cover the costs of managing forests for the future new text end 29.23 new text begin conservation easements held by the Department of Natural Resources, including costs new text end 29.24 new text begin incurred from monitoring, landowner contracts, record keeping, processing landowner new text end 29.25 new text begin notices, requests for approval or amendments, and enforcement. new text end 29.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 29.27    Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 29.28to read: 29.29     new text begin Subd. 1a. new text end new text begin Outdoor heritage land management account. new text end new text begin An outdoor heritage new text end 29.30 new text begin land management account is created as an account in the special revenue fund. The new text end 29.31 new text begin State Board of Investment shall ensure the account is invested under section 11A.24. new text end 29.32 new text begin The commissioner of management and budget shall credit to the account all money new text end 29.33 new text begin appropriated to the account and all money earned by the account. The principal of the new text end 30.1 new text begin account and any unexpended earnings must be invested and reinvested by the State Board new text end 30.2 new text begin of Investment. Nothing in this section limits the source of contributions to the account. new text end 30.3 new text begin No more than five and one-half percent of the market value of the account as of June 30 new text end 30.4 new text begin of the prior fiscal year is appropriated to the commissioner of natural resources to pay new text end 30.5 new text begin for future restoration and enhancement of lands purchased in fee with monies from the new text end 30.6 new text begin outdoor heritage fund and held by the state. new text end 30.7    Sec. 5. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 30.8to read: 30.9     new text begin Subd. 1b. new text end new text begin Definitions. new text end new text begin For the purpose of appropriations from the outdoor heritage new text end 30.10 new text begin fund, "recipient" means the entity responsible for deliverables financed by the outdoor new text end 30.11 new text begin heritage fund. new text end 30.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 1, 2009. new text end 30.13    Sec. 6. Minnesota Statutes 2010, section 97A.056, subdivision 2, is amended to read: 30.14    Subd. 2. Lessard-Sams Outdoor Heritage Council. (a) The Lessard-Sams 30.15Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of: 30.16    (1) two public members appointed by the senate Subcommittee on Committees of 30.17the Committee on Rules and Administration; 30.18    (2) two public members appointed by the speaker of the house; 30.19    (3) four public members appointed by the governor; 30.20    (4) two members of the senate appointed by the senate Subcommittee on Committees 30.21of the Committee on Rules and Administration; and 30.22    (5) two members of the house of representatives appointed by the speaker of the 30.23house. 30.24    (b) Members appointed under paragraph (a) must not be registered lobbyists. 30.25In making appointments, the governor, senate Subcommittee on Committees of the 30.26Committee on Rules and Administration, and the speaker of the house shall consider 30.27geographic balance, gender, age, ethnicity, and varying interests including hunting and 30.28fishing. The governor's appointments to the council are subject to the advice and consent 30.29of the senate. 30.30    (c) Public members appointed under paragraph (a) shall have practical experience 30.31or expertise or demonstrated knowledge in the science, policy, or practice of restoring, 30.32protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and 30.33wildlife. 31.1    (d) Legislative members appointed under paragraph (a) shall include the chairs 31.2of the legislative committees with jurisdiction over environment and natural resources 31.3finance or their designee, one member from the minority party of the senate, and one 31.4member from the minority party of the house of representatives. 31.5    (e) new text begin Public new text end members serve four-year terms and new text begin . Appointed legislative members serve new text end 31.6 new text begin at the pleasure of the appointing authority. Public and legislative members continue to new text end 31.7 new text begin serve until their successors are appointed. Public members new text end shall be initially appointed 31.8according to the following schedule of terms: 31.9    (1) two public members appointed by the governor for a term ending the first 31.10Monday in January 2011; 31.11    (2) one public member appointed by the senate Subcommittee on Committees of the 31.12Committee on Rules and Administration for a term ending the first Monday in January 31.132011; 31.14    (3) one public member appointed by the speaker of the house for a term ending 31.15the first Monday in January 2011; 31.16    (4) two public members appointed by the governor for a term ending the first 31.17Monday in January 2013; 31.18    (5) one public member appointed by the senate Subcommittee on Committees of the 31.19Committee on Rules and Administration for a term ending the first Monday in January 31.202013; new text begin and new text end 31.21    (6) one public member appointed by the speaker of the house for a term ending the 31.22first Monday in January 2013; and new text begin . new text end 31.23    (7) two members of the senate appointed by the senate Subcommittee on Committees 31.24of the Committee on Rules and Administration for a term ending the first Monday in 31.25January 2013, and two members of the house of representatives appointed by the speaker 31.26of the house for a term ending the first Monday in January 2013. 31.27    (f) Compensation and removal of public members are as provided in section 31.2815.0575 . A vacancy on the council may be filled by the appointing authority for the 31.29remainder of the unexpired term. 31.30    (g) The first meeting of the council shall be convened by the chair of the Legislative 31.31Coordinating Commission no later than December 1, 2008. Members shall elect a chair, 31.32vice-chair, secretary, and other officers as determined by the council. The chair may 31.33convene meetings as necessary to conduct the duties prescribed by this section. 31.34    (h) Upon coordination with and approval by the Legislative Coordinating 31.35Commission, the council may appoint nonpartisan staff and contract with consultants 31.36as necessary to carry out the functions of the council. Up to one percent of the money 32.1appropriated from the fund may be used to pay for administrative expenses of the council 32.2and for compensation and expense reimbursement of council members. 32.3    Sec. 7. Minnesota Statutes 2010, section 97A.056, subdivision 3, is amended to read: 32.4    Subd. 3. Council recommendations. (a) The council shall make recommendations 32.5to the legislature on appropriations of money from the outdoor heritage fund that are 32.6consistent with the Constitution and state law and that will achieve the outcomes of 32.7existing natural resource plans, including, but not limited to, the Minnesota Statewide 32.8Conservation and Preservation Plan, that directly relate to the restoration, protection, and 32.9enhancement of wetlands, prairies, forests, and habitat for fish, game, and wildlife, and that 32.10prevent forest fragmentation, encourage forest consolidation, and expand restored native 32.11prairie. In making recommendations, the council shall consider a range of options that 32.12would best restore, protect, and enhance wetlands, prairies, forests, and habitat for fish, 32.13game, and wildlife, and shall not adopt definitions of "restore", "protect", or "enhance" that 32.14would limit the council from considering options that are consistent with the Constitution. 32.15 new text begin The council shall consider prevention measures to protect fish from aquatic invasive new text end 32.16 new text begin species consistent with the Constitution, in order to protect habitat for fish. new text end The council 32.17shall submit its initial recommendations to the legislature no later than April 1, 2009. 32.18Subsequent recommendations shall be submitted no later than January 15 each year. The 32.19council shall present its recommendations to the senate and house of representatives 32.20committees with jurisdiction over the environment and natural resources budget by 32.21February 15 in odd-numbered years, and within the first four weeks of the legislative 32.22session in even-numbered years. The council's budget recommendations to the legislature 32.23shall be separate from the Department of Natural Resource's budget recommendations. 32.24    (b) To encourage and support local conservation efforts, the council shall establish a 32.25conservation partners program. Local, regional, state, or national organizations may apply 32.26for matching grants for restoration, protection, and enhancement of wetlands, prairies, 32.27forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation, 32.28encouragement of forest consolidation, and expansion of restored native prairie. 32.29    (c) The council may work with the Clean Water Council to identify projects that 32.30are consistent with both the purpose of the outdoor heritage fund and the purpose of 32.31the clean water fund. 32.32    (d) The council may make recommendations to the Legislative-Citizen Commission 32.33on Minnesota Resources on scientific research that will assist in restoring, protecting, and 32.34enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing 33.1forest fragmentation, encouraging forest consolidation, and expanding restored native 33.2prairie. 33.3    (e) Recommendations of the council, including approval of recommendations for the 33.4outdoor heritage fund, require an affirmative vote of at least nine members of the council. 33.5(f) The council may work with the Clean Water Council, the Legislative-Citizen 33.6Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and 33.7water conservation districts, and experts from Minnesota State Colleges and Universities 33.8and the University of Minnesota in developing the council's recommendations. 33.9(g) The council shall develop and implement a process that ensures that citizens 33.10and potential recipients of funds are included throughout the process, including the 33.11development and finalization of the council's recommendations. The process must include 33.12a fair, equitable, and thorough process for reviewing requests for funding and a clear and 33.13easily understood process for ranking projects. 33.14(h) The council shall use the regions of the state based upon the ecological 33.15regions and subregions developed by the Department of Natural Resources and establish 33.16objectives for each region and subregion to achieve the purposes of the fund outlined 33.17in the state constitution. 33.18(i) The council shall develop and submit to the Legislative Coordinating Commission 33.19plans for the first ten years of funding, and a framework for 25 years of funding, consistent 33.20with statutory and constitutional requirements. The council may use existing plans from 33.21other legislative, state, and federal sources, as applicable. 33.22    Sec. 8. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 33.23to read: 33.24     new text begin Subd. 11. new text end new text begin Commissioner approval; acquisitions. new text end new text begin The commissioner must agree in new text end 33.25 new text begin writing to each proposed acquisition of land or interest in land, including an easement, new text end 33.26 new text begin purchased with an appropriation from the outdoor heritage fund that is intended to be new text end 33.27 new text begin transferred to the commissioner. Prior to signing the written agreement, the commissioner new text end 33.28 new text begin must determine that the acquisition meets the Department of Natural Resources' precision new text end 33.29 new text begin acquisition goals. new text end 33.30    Sec. 9. Laws 2009, chapter 172, article 1, section 2, subdivision 3, is amended to read: 33.31 Subd. 3.Forests 18,000,000 18,000,000 33.32$18,000,000 in fiscal year 2010 and 33.33$18,000,000 in fiscal year 2011 are to the 33.34commissioner of natural resources to acquire 34.1land or permanent working forest easements 34.2on private forests in areas identified through 34.3the Minnesota forests for the future program 34.4under Minnesota Statutes, section 84.66. 34.5 new text begin Up to $750,000 in fiscal year 2011 may new text end 34.6 new text begin be transferred to the forests for the future new text end 34.7 new text begin conservation easement account and used new text end 34.8 new text begin for the purposes specified under Minnesota new text end 34.9 new text begin Statutes, section 84.68, subdivision 2. new text end 34.10Priority must be given to acquiring land 34.11or interests in private lands within existing 34.12Minnesota state forest boundaries. Any 34.13easements acquired must have a forest 34.14management plan as defined in Minnesota 34.15Statutes, section 290C.02, subdivision 7. 34.16A list of proposed fee title and easement 34.17acquisitions must be provided as part of the 34.18required accomplishment plan. The fiscal 34.19year 2011 appropriation is available only for 34.20acquisitions that, by August 15, 2009, are: 34.21(1) subject to a binding agreement with the 34.22commissioner; and 34.23(2) matched by at least $9,000,000 in private 34.24donations. 34.25    Sec. 10. Laws 2009, chapter 172, article 1, section 2, subdivision 15, is amended to 34.26read: 34.27 Subd. 15.Real Property Interest Report34.28By December 1 each year, a recipient of 34.29money appropriated under this section that 34.30is used for the acquisition of an interest in 34.31real property, including but not limited to 34.32an easement or fee title, must submit annual 34.33reports on the status of the real property to 34.34the Lessard Outdoor Heritage Council or 35.1its successor in a form determined by the 35.2council. The responsibility for reporting 35.3under this section may be transferred by 35.4the recipient of the appropriation to another 35.5person or entity that holds the interest in the 35.6real property. To complete the transfer of 35.7reporting responsibility, the recipient of the 35.8appropriation must: 35.9(1) inform the person to whom the 35.10responsibility is transferred of that person's 35.11reporting responsibility; 35.12(2) inform the person to whom the 35.13responsibility is transferred of the property 35.14restrictions under subdivision 14; and 35.15(3) provide written notice to the council 35.16of the transfer of reporting responsibility, 35.17including contact information for the person 35.18to whom the responsibility is transferred. 35.19Before the transfer, the entity receiving 35.20the transfer of property must certify to the 35.21Lessard Outdoor Heritage Council, or its 35.22successor, acceptance of all obligations and 35.23responsibilities held by the prior owner. 35.24After the transfer, the person or entity that 35.25holds the interest in the real property is 35.26responsible for reporting requirements under 35.27this section. 35.28    Sec. 11. Laws 2010, chapter 361, article 1, section 2, subdivision 14, is amended to 35.29read: 35.30 Subd. 14.Real Property Interest Report35.31By December 1 each year, a recipient of 35.32money appropriated under this section that 35.33is used for the acquisition of an interest in 35.34real property, including, but not limited to, 36.1an easement or fee title, must submit annual 36.2reports on the status of the real property to 36.3the Lessard-Sams Outdoor Heritage Council 36.4or its successor in a form determined by the 36.5council. The responsibility for reporting 36.6under this section may be transferred by 36.7the recipient of the appropriation to another 36.8person or entity that holds the interest in the 36.9real property. To complete the transfer of 36.10reporting responsibility, the recipient of the 36.11appropriation must: (1) inform the person 36.12to whom the responsibility is transferred of 36.13that person's reporting responsibility; (2) 36.14inform the person to whom the responsibility 36.15is transferred of the property restrictions 36.16under subdivision 13; new text begin and new text end (3) provide written 36.17notice to the council of the transfer of 36.18reporting responsibility, including contact 36.19information for the person to whom the 36.20responsibility is transferred; and (4) provide 36.21the Lessard-Sams Outdoor Heritage Council 36.22or its successor written documentation from 36.23the person or entity holding the interest in 36.24real property certifying its acceptance of all 36.25reporting obligations and responsibilities 36.26previously held by the recipient of the 36.27appropriation. After the transfer, the person 36.28or entity that holds the interest in the 36.29real property is responsible for reporting 36.30requirements under this section. 36.31    Sec. 12. new text begin REPEALER. new text end 36.32 new text begin Minnesota Statutes 2010, section 84.02, subdivisions 1, 2, 3, 4, 6, 7, and 8, new text end new text begin are new text end 36.33 new text begin repealed. new text end 37.1ARTICLE 2 37.2CLEAN WATER FUND 37.3 Section 1. new text begin CLEAN WATER FUND APPROPRIATIONS. new text end 37.4 new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 37.5 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 37.6 new text begin clean water fund, and are available for the fiscal years indicated for allowable activities new text end 37.7 new text begin under the Minnesota Constitution, article XI, section 15. "The first year" is fiscal year new text end 37.8 new text begin 2012. "The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and new text end 37.9 new text begin 2013. The appropriations in this article are onetime. new text end 37.10 new text begin APPROPRIATIONS new text end 37.11 new text begin Available for the Year new text end 37.12 new text begin Ending June 30 new text end 37.13 new text begin 2012 new text end new text begin 2013 new text end 37.14 Sec. 2. new text begin CLEAN WATER new text end 37.15 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 89,906,000 new text end new text begin $ new text end new text begin 88,454,000 new text end 37.16 new text begin The amounts that may be spent for each new text end 37.17 new text begin purpose are specified in the following new text end 37.18 new text begin sections. new text end 37.19 new text begin Subd. 2. new text end new text begin Availability of Appropriation new text end 37.20 new text begin Money appropriated in this article may new text end 37.21 new text begin not be spent on activities unless they are new text end 37.22 new text begin directly related to and necessary for a specific new text end 37.23 new text begin appropriation. Money appropriated in this new text end 37.24 new text begin article must not be spent on indirect costs new text end 37.25 new text begin or other institutional overhead charges that new text end 37.26 new text begin are not directly related to and necessary for new text end 37.27 new text begin a specific appropriation. Notwithstanding new text end 37.28 new text begin Minnesota Statutes, section 16A.28, and new text end 37.29 new text begin unless otherwise specified in this article, new text end 37.30 new text begin fiscal year 2012 appropriations are available new text end 37.31 new text begin until June 30, 2013, and fiscal year 2013 new text end 37.32 new text begin appropriations are available until June 30, new text end 37.33 new text begin 2014. If a project receives federal funds, the new text end 38.1 new text begin time period of the appropriation is extended new text end 38.2 new text begin to equal the availability of federal funding. new text end 38.3 Sec. 3. new text begin DEPARTMENT OF AGRICULTURE new text end new text begin $ new text end new text begin 8,200,000 new text end new text begin $ new text end new text begin 8,200,000 new text end 38.4 new text begin (a) $350,000 the first year and $350,000 the new text end 38.5 new text begin second year are to increase monitoring for new text end 38.6 new text begin pesticides and pesticide degradates in surface new text end 38.7 new text begin water and groundwater and to use data new text end 38.8 new text begin collected to assess pesticide use practices. new text end 38.9 new text begin (b) $850,000 the first year and $850,000 new text end 38.10 new text begin the second year are to increase monitoring new text end 38.11 new text begin and evaluate trends in the concentration of new text end 38.12 new text begin nitrates in groundwater in high-risk areas new text end 38.13 new text begin and regionally and to promote and evaluate new text end 38.14 new text begin regional and crop-specific nutrient best new text end 38.15 new text begin management practices. This appropriation is new text end 38.16 new text begin available until spent. new text end 38.17 new text begin (c) $5,000,000 the first year and $5,000,000 new text end 38.18 new text begin the second year are for the agriculture best new text end 38.19 new text begin management practices loan program. At new text end 38.20 new text begin least $4,000,000 the first year and at least new text end 38.21 new text begin $4,400,000 the second year are for transfer to new text end 38.22 new text begin the clean water agricultural best management new text end 38.23 new text begin practices loan account and are available new text end 38.24 new text begin for pass-through to local governments new text end 38.25 new text begin and lenders for low-interest loans. Any new text end 38.26 new text begin unencumbered balance that is not used for new text end 38.27 new text begin pass-through to local governments does not new text end 38.28 new text begin cancel at the end of the first year and is new text end 38.29 new text begin available for the second year. new text end 38.30 new text begin (d) $700,000 the first year and $700,000 new text end 38.31 new text begin the second year are for pilot projects new text end 38.32 new text begin and technical assistance on proper new text end 38.33 new text begin implementation of best management new text end 38.34 new text begin practices for nonpoint contributions to new text end 39.1 new text begin impaired waters. This appropriation is new text end 39.2 new text begin available until spent. new text end 39.3 new text begin (e) $1,050,000 the first year and $1,050,000 new text end 39.4 new text begin the second year are for research to quantify new text end 39.5 new text begin agricultural contributions to impaired waters new text end 39.6 new text begin and for development and evaluation of new text end 39.7 new text begin best management practices to protect and new text end 39.8 new text begin restore water resources while maintaining new text end 39.9 new text begin productivity. This appropriation is available new text end 39.10 new text begin until spent. new text end 39.11 new text begin (f) $250,000 the first year and $250,000 the new text end 39.12 new text begin second year are for a research inventory new text end 39.13 new text begin database containing water-related research new text end 39.14 new text begin activities that have been publicly funded. new text end 39.15 Sec. 4. new text begin PUBLIC FACILITIES AUTHORITY new text end new text begin $ new text end new text begin 16,710,000 new text end new text begin $ new text end new text begin 16,710,000 new text end 39.16 new text begin (a) $11,185,000 the first year and $11,185,000 new text end 39.17 new text begin the second year are for the total maximum new text end 39.18 new text begin daily load (TMDL) grant program under new text end 39.19 new text begin Minnesota Statutes, section 446A.073. This new text end 39.20 new text begin appropriation is available until spent. new text end 39.21 new text begin (b) $4,275,000 the first year and $4,275,000 new text end 39.22 new text begin the second year are for the clean water legacy new text end 39.23 new text begin phosphorus reduction grant program under new text end 39.24 new text begin Minnesota Statutes, section 446A.074. This new text end 39.25 new text begin appropriation is available until spent. new text end 39.26 new text begin (c) $1,250,000 the first year and $1,250,000 new text end 39.27 new text begin the second year are for small community new text end 39.28 new text begin wastewater treatment grants and loans under new text end 39.29 new text begin Minnesota Statutes, section 446A.075. This new text end 39.30 new text begin appropriation is available until spent. new text end 39.31 new text begin (d) If there are any uncommitted funds at the new text end 39.32 new text begin end of each fiscal year under paragraph (a), new text end 39.33 new text begin (b), or (c), the Public Facilities Authority new text end 39.34 new text begin may transfer the remaining funds to eligible new text end 40.1 new text begin projects under any of the programs listed new text end 40.2 new text begin under this section, based on their priority new text end 40.3 new text begin rank on the Pollution Control Agency's new text end 40.4 new text begin project priority list. new text end 40.5 Sec. 5. new text begin POLLUTION CONTROL AGENCY new text end new text begin $ new text end new text begin 23,100,000 new text end new text begin $ new text end new text begin 22,600,000 new text end 40.6 new text begin (a) $7,500,000 the first year and $7,500,000 new text end 40.7 new text begin the second year are for completion of 20 new text end 40.8 new text begin percent of the needed statewide assessments new text end 40.9 new text begin of surface water quality and trends. Of new text end 40.10 new text begin this amount, $100,000 the first year and new text end 40.11 new text begin $100,000 the second year are for grants new text end 40.12 new text begin to the Red River Watershed Management new text end 40.13 new text begin Board to enhance and expand the existing new text end 40.14 new text begin water quality and watershed monitoring river new text end 40.15 new text begin watch activities in the schools in the Red new text end 40.16 new text begin River of the North. The Red River Watershed new text end 40.17 new text begin Management Board shall provide a report to new text end 40.18 new text begin the commissioner of the Pollution Control new text end 40.19 new text begin Agency and the legislative committees and new text end 40.20 new text begin divisions with jurisdiction over environment new text end 40.21 new text begin and natural resources finance and policy and new text end 40.22 new text begin the clean water fund by February 15, 2013, new text end 40.23 new text begin on the expenditure of these funds. new text end 40.24 new text begin (b) $9,400,000 the first year and $9,400,000 new text end 40.25 new text begin the second year are to develop total maximum new text end 40.26 new text begin daily load (TMDL) studies and TMDL new text end 40.27 new text begin implementation plans for waters listed on new text end 40.28 new text begin the United States Environmental Protection new text end 40.29 new text begin Agency approved impaired waters list in new text end 40.30 new text begin accordance with Minnesota Statutes, chapter new text end 40.31 new text begin 114D. The agency shall complete an average new text end 40.32 new text begin of ten percent of the TMDL's each year over new text end 40.33 new text begin the biennium. new text end 40.34 new text begin (c) $1,125,000 the first year and $1,125,000 new text end 40.35 new text begin the second year are for groundwater new text end 41.1 new text begin assessment, including enhancing the new text end 41.2 new text begin ambient monitoring network, modeling, new text end 41.3 new text begin and continuing to monitor for and assess new text end 41.4 new text begin contaminants of emerging concern. new text end 41.5 new text begin (d) $750,000 the first year and $750,000 new text end 41.6 new text begin the second year are for water quality new text end 41.7 new text begin improvement in the lower St. Louis River new text end 41.8 new text begin and Duluth harbor. This appropriation must new text end 41.9 new text begin be matched by a rate of 65 percent nonstate new text end 41.10 new text begin funds to 35 percent state funds. new text end 41.11 new text begin (e) $1,250,000 the first year and $1,250,000 new text end 41.12 new text begin the second year are for the clean water new text end 41.13 new text begin partnership program to provide grants new text end 41.14 new text begin to protect and improve the basins and new text end 41.15 new text begin watersheds of the state and provide financial new text end 41.16 new text begin and technical assistance to study waters new text end 41.17 new text begin with nonpoint source pollution problems. new text end 41.18 new text begin Priority shall be given to projects preventing new text end 41.19 new text begin impairments and degradation of lakes, rivers, new text end 41.20 new text begin streams, and groundwater in accordance new text end 41.21 new text begin with Minnesota Statutes, section 114D.20, new text end 41.22 new text begin subdivision 2, clause (4). Any balance new text end 41.23 new text begin remaining in the first year does not cancel new text end 41.24 new text begin and is available for the second year. new text end 41.25 new text begin (f) $400,000 the first year and $400,000 the new text end 41.26 new text begin second year are for storm water research and new text end 41.27 new text begin guidance. new text end 41.28 new text begin (g) $1,150,000 the first year and $1,150,000 new text end 41.29 new text begin the second year are for TMDL research and new text end 41.30 new text begin database development. new text end 41.31 new text begin (h) $800,000 the first year and $800,000 new text end 41.32 new text begin the second year are for national pollutant new text end 41.33 new text begin discharge elimination system wastewater and new text end 41.34 new text begin storm water TMDL implementation efforts. new text end 42.1 new text begin (i) $225,000 the first year and $225,000 new text end 42.2 new text begin the second year are transferred to the new text end 42.3 new text begin commissioner of administration for the new text end 42.4 new text begin Environmental Quality Board in cooperation new text end 42.5 new text begin with the United States Geological Survey new text end 42.6 new text begin to characterize groundwater flow and new text end 42.7 new text begin aquifer properties in the I-94 corridor in new text end 42.8 new text begin cooperation with local units of government. new text end 42.9 new text begin This appropriation is available until June 30, new text end 42.10 new text begin 2014. new text end 42.11 new text begin (j) $500,000 the first year is for a wild rice new text end 42.12 new text begin standards study. new text end 42.13 new text begin Notwithstanding Minnesota Statutes, section new text end 42.14 new text begin 16A.28, the appropriations encumbered on or new text end 42.15 new text begin before June 30, 2013, as grants or contracts in new text end 42.16 new text begin this section are available until June 30, 2016. new text end 42.17 42.18 Sec. 6. new text begin DEPARTMENT OF NATURAL new text end new text begin RESOURCES new text end new text begin $ new text end new text begin 10,860,000 new text end new text begin $ new text end new text begin 9,860,000 new text end 42.19 new text begin (a) $1,825,000 the first year and $1,825,000 new text end 42.20 new text begin the second year are for the continuation and new text end 42.21 new text begin expansion of stream flow monitoring. new text end 42.22 new text begin (b) $1,150,000 the first year and $1,150,000 new text end 42.23 new text begin the second year are for lake Index of new text end 42.24 new text begin Biological Integrity (IBI) assessments, new text end 42.25 new text begin including assessment of 400 additional lakes new text end 42.26 new text begin and technical analysis to develop an aquatic new text end 42.27 new text begin plant IBI analysis. The commissioner shall new text end 42.28 new text begin work with the commissioner of the Pollution new text end 42.29 new text begin Control Agency on the development of an new text end 42.30 new text begin assessment tool. new text end 42.31 new text begin (c) $130,000 the first year and $130,000 new text end 42.32 new text begin the second year are for assessing mercury new text end 42.33 new text begin contamination of fish, including monitoring new text end 42.34 new text begin to track the status of waters impaired by new text end 43.1 new text begin mercury and mercury reduction efforts over new text end 43.2 new text begin time. new text end 43.3 new text begin (d) $1,730,000 the first year and $1,730,000 new text end 43.4 new text begin the second year are for TMDL development new text end 43.5 new text begin and TMDL implementation plans for waters new text end 43.6 new text begin listed on the United States Environmental new text end 43.7 new text begin Protection Agency approved impaired waters new text end 43.8 new text begin list in accordance with Minnesota Statutes, new text end 43.9 new text begin chapter 114D, and for development of a new text end 43.10 new text begin watershed assessment tool. new text end 43.11 new text begin (e) $1,500,000 the first year and $1,500,000 new text end 43.12 new text begin the second year are for water supply new text end 43.13 new text begin planning, aquifer protection, and monitoring new text end 43.14 new text begin activities. new text end 43.15 new text begin (f) $450,000 the first year and $450,000 the new text end 43.16 new text begin second year are for establishing a Web-based new text end 43.17 new text begin electronic permitting system to capture water new text end 43.18 new text begin appropriation use information. new text end 43.19 new text begin (g) $1,725,000 the first year and $1,725,000 new text end 43.20 new text begin the second year are for shoreland new text end 43.21 new text begin stewardship, TMDL implementation new text end 43.22 new text begin coordination, providing technical assistance new text end 43.23 new text begin to the Drainage Work Group and Drainage new text end 43.24 new text begin Management Team, and maintaining and new text end 43.25 new text begin updating data. Of this amount, $235,000 new text end 43.26 new text begin each year is for maintaining and updating new text end 43.27 new text begin watershed boundaries and integrating new text end 43.28 new text begin high-resolution digital elevation data with new text end 43.29 new text begin watershed modeling and $40,000 each year new text end 43.30 new text begin is for a biomonitoring database. TMDL new text end 43.31 new text begin implementation coordination efforts shall be new text end 43.32 new text begin focused on major watersheds with TMDL new text end 43.33 new text begin implementation plans, including forested new text end 43.34 new text begin watersheds. new text end 44.1 new text begin (h) $1,350,000 the first year and $1,350,000 new text end 44.2 new text begin the second year are to acquire and distribute new text end 44.3 new text begin high-resolution digital elevation data using new text end 44.4 new text begin light detection and ranging to aid with new text end 44.5 new text begin impaired waters modeling and TMDL new text end 44.6 new text begin implementation under Minnesota Statutes, new text end 44.7 new text begin chapter 114D. The money shall be used to new text end 44.8 new text begin collect data for areas of the state that have new text end 44.9 new text begin not acquired such data prior to January new text end 44.10 new text begin 1, 2007, or to complete acquisition and new text end 44.11 new text begin distribution of the data for those areas of new text end 44.12 new text begin the state that have not previously received new text end 44.13 new text begin state funds for acquiring and distributing the new text end 44.14 new text begin data. The distribution of data acquired under new text end 44.15 new text begin this paragraph must be conducted under new text end 44.16 new text begin the auspices of the Minnesota Geospatial new text end 44.17 new text begin Information Office, which shall receive up new text end 44.18 new text begin to 2.5 percent of the appropriation in this new text end 44.19 new text begin paragraph to support coordination of data new text end 44.20 new text begin acquisition and distribution. Mapping and new text end 44.21 new text begin data set distribution under this paragraph new text end 44.22 new text begin must be completed within three years of new text end 44.23 new text begin funds availability. The commissioner shall new text end 44.24 new text begin utilize department staff whenever possible. new text end 44.25 new text begin The commissioner may contract for services new text end 44.26 new text begin only if the services cannot otherwise be new text end 44.27 new text begin provided by the department. new text end 44.28 new text begin (i) $1,000,000 the first year is for new text end 44.29 new text begin implementation of the metropolitan new text end 44.30 new text begin groundwater monitoring and protection new text end 44.31 new text begin activities under Minnesota Laws 2010, new text end 44.32 new text begin chapter 361, article 2, section 4, subdivision new text end 44.33 new text begin 2. new text end 44.34 44.35 Sec. 7. new text begin BOARD OF WATER AND SOIL new text end new text begin RESOURCES new text end new text begin $ new text end new text begin 27,534,000 new text end new text begin $ new text end new text begin 27,534,000 new text end 45.1 new text begin (a) $13,750,000 the first year and new text end 45.2 new text begin $13,750,000 the second year are for new text end 45.3 new text begin pollution reduction and restoration grants new text end 45.4 new text begin to local government units and joint powers new text end 45.5 new text begin organizations of local government units to new text end 45.6 new text begin protect surface water and drinking water; to new text end 45.7 new text begin keep water on the land; to protect, enhance, new text end 45.8 new text begin and restore water quality in lakes, rivers, new text end 45.9 new text begin and streams; and to protect groundwater new text end 45.10 new text begin and drinking water, including feedlot water new text end 45.11 new text begin quality and subsurface sewage treatment new text end 45.12 new text begin system (SSTS) projects and stream bank, new text end 45.13 new text begin stream channel, and shoreline restoration new text end 45.14 new text begin projects. The projects must be of long-lasting new text end 45.15 new text begin public benefit, include a match, and be new text end 45.16 new text begin consistent with TMDL implementation plans new text end 45.17 new text begin or local water management plans. new text end 45.18 new text begin (b) $3,000,000 the first year and $3,000,000 new text end 45.19 new text begin the second year are for targeted local new text end 45.20 new text begin resource protection and enhancement grants. new text end 45.21 new text begin The board shall give priority consideration new text end 45.22 new text begin to projects and practices that complement, new text end 45.23 new text begin supplement, or exceed current state standards new text end 45.24 new text begin for protection, enhancement, and restoration new text end 45.25 new text begin of water quality in lakes, rivers, and streams new text end 45.26 new text begin or that protect groundwater from degradation. new text end 45.27 new text begin Of this amount, at least $1,500,000 each year new text end 45.28 new text begin is for SSTS county implementation. new text end 45.29 new text begin (c) $900,000 the first year and $900,000 the new text end 45.30 new text begin second year are to provide state oversight new text end 45.31 new text begin and accountability, evaluate results, and new text end 45.32 new text begin measure the value of conservation program new text end 45.33 new text begin implementation by local governments, new text end 45.34 new text begin including submission to the legislature new text end 45.35 new text begin by March 1 each year an annual report new text end 45.36 new text begin prepared by the board, in consultation with new text end 46.1 new text begin the commissioners of natural resources, new text end 46.2 new text begin health, agriculture, and the Pollution Control new text end 46.3 new text begin Agency, detailing the recipients and projects new text end 46.4 new text begin funded under this section. The board shall new text end 46.5 new text begin require grantees to specify the outcomes that new text end 46.6 new text begin will be achieved by the grants prior to any new text end 46.7 new text begin grant awards. new text end 46.8 new text begin (d) $1,000,000 the first year and $1,000,000 new text end 46.9 new text begin the second year are for technical assistance new text end 46.10 new text begin and grants for the conservation drainage new text end 46.11 new text begin program in consultation with the Drainage new text end 46.12 new text begin Work Group that consists of projects to new text end 46.13 new text begin retrofit existing drainage systems with new text end 46.14 new text begin water quality improvement practices, new text end 46.15 new text begin evaluate outcomes, and provide outreach new text end 46.16 new text begin to landowners, public drainage authorities, new text end 46.17 new text begin drainage engineers and contractors, and new text end 46.18 new text begin others. new text end 46.19 new text begin (e) $6,000,000 the first year and $6,000,000 new text end 46.20 new text begin the second year are to purchase and restore new text end 46.21 new text begin permanent conservation easements on new text end 46.22 new text begin riparian buffers adjacent to public waters, new text end 46.23 new text begin excluding wetlands, to keep water on the new text end 46.24 new text begin land in order to decrease sediment, pollutant, new text end 46.25 new text begin and nutrient transport; reduce hydrologic new text end 46.26 new text begin impacts to surface waters; and increase new text end 46.27 new text begin infiltration for groundwater recharge. The new text end 46.28 new text begin riparian buffers must be at least 50 feet new text end 46.29 new text begin unless there is a natural impediment, a road, new text end 46.30 new text begin or other impediment beyond the control new text end 46.31 new text begin of the landowner. This appropriation may new text end 46.32 new text begin be used for restoration of riparian buffers new text end 46.33 new text begin protected by easements purchased with new text end 46.34 new text begin this appropriation and for stream bank new text end 46.35 new text begin restorations when the riparian buffers have new text end 46.36 new text begin been restored. new text end 47.1 new text begin (f) $1,300,000 the first year and $1,300,000 new text end 47.2 new text begin the second year are for permanent new text end 47.3 new text begin conservation easements on wellhead new text end 47.4 new text begin protection areas under Minnesota Statutes, new text end 47.5 new text begin section 103F.515, subdivision 2, paragraph new text end 47.6 new text begin (d). Priority must be placed on land that new text end 47.7 new text begin is located where the vulnerability of the new text end 47.8 new text begin drinking water supply is designated as high new text end 47.9 new text begin or very high by the commissioner of health. new text end 47.10 new text begin (g) $1,500,000 the first year and $1,500,000 new text end 47.11 new text begin the second year are for community partners new text end 47.12 new text begin grants to local units of government for: new text end 47.13 new text begin (1) structural or vegetative management new text end 47.14 new text begin practices that reduce storm water runoff new text end 47.15 new text begin from developed or disturbed lands to reduce new text end 47.16 new text begin the movement of sediment, nutrients, and new text end 47.17 new text begin pollutants for restoration, protection, or new text end 47.18 new text begin enhancement of water quality in lakes, rivers, new text end 47.19 new text begin and streams and to protect groundwater new text end 47.20 new text begin and drinking water; and (2) installation new text end 47.21 new text begin of proven and effective water retention new text end 47.22 new text begin practices including, but not limited to, rain new text end 47.23 new text begin gardens and other vegetated infiltration new text end 47.24 new text begin basins and sediment control basins in order new text end 47.25 new text begin to keep water on the land. The projects new text end 47.26 new text begin must be of long-lasting public benefit, new text end 47.27 new text begin include a local match, and be consistent with new text end 47.28 new text begin TMDL implementation plans or local water new text end 47.29 new text begin management plans. Local government unit new text end 47.30 new text begin staff and administration costs may be used new text end 47.31 new text begin as a match. new text end 47.32 new text begin (h) $84,000 the first year and $84,000 the new text end 47.33 new text begin second year are for a technical assistance new text end 47.34 new text begin panel to conduct up to ten restoration audits new text end 47.35 new text begin under Minnesota Statutes, section 114D.50, new text end 47.36 new text begin subdivision 6. new text end 48.1 new text begin (i) The board shall contract for services new text end 48.2 new text begin with Conservation Corps Minnesota for new text end 48.3 new text begin restoration, maintenance, and other activities new text end 48.4 new text begin under this section for $500,000 the first year new text end 48.5 new text begin and $500,000 the second year. new text end 48.6 new text begin (j) The board may shift grant or cost-share new text end 48.7 new text begin funds in this section and may adjust the new text end 48.8 new text begin technical and administrative assistance new text end 48.9 new text begin portion of the funds to leverage federal or new text end 48.10 new text begin other nonstate funds or to address oversight new text end 48.11 new text begin responsibilities or high-priority needs new text end 48.12 new text begin identified in local water management plans. new text end 48.13 new text begin (k) The appropriations in this section are new text end 48.14 new text begin available until spent. new text end 48.15 Sec. 8. new text begin DEPARTMENT OF HEALTH new text end new text begin $ new text end new text begin 2,988,000 new text end new text begin $ new text end new text begin 3,050,000 new text end 48.16 new text begin (a) $1,020,000 the first year and $1,020,000 new text end 48.17 new text begin the second year are for addressing public new text end 48.18 new text begin health concerns related to contaminants new text end 48.19 new text begin found in Minnesota drinking water for which new text end 48.20 new text begin no health-based drinking water standard new text end 48.21 new text begin exists. new text end 48.22 new text begin (b) $1,415,000 the first year and $1,415,000 new text end 48.23 new text begin the second year are for protection of drinking new text end 48.24 new text begin water sources. new text end 48.25 new text begin (c) $250,000 the first year and $250,000 the new text end 48.26 new text begin second year are for cost-share assistance to new text end 48.27 new text begin public and private well owners for up to 50 new text end 48.28 new text begin percent of the cost of sealing unused wells. new text end 48.29 new text begin (d) $303,000 the first year and $365,000 the new text end 48.30 new text begin second year are to expand the county well new text end 48.31 new text begin index. new text end 48.32 Sec. 9. new text begin METROPOLITAN COUNCIL new text end new text begin $ new text end new text begin 500,000 new text end new text begin $ new text end new text begin 500,000 new text end 49.1 new text begin $500,000 the first year and $500,000 the new text end 49.2 new text begin second year are for implementation of the new text end 49.3 new text begin master water supply plan developed under new text end 49.4 new text begin Minnesota Statutes, section 473.1565. new text end 49.5 Sec. 10. new text begin LEGISLATURE new text end new text begin $ new text end new text begin 14,000 new text end new text begin $ new text end new text begin -0- new text end 49.6 new text begin $14,000 the first year is for the Legislative new text end 49.7 new text begin Coordinating Commission for the costs of new text end 49.8 new text begin developing and implementing a Web site to new text end 49.9 new text begin contain information on projects receiving new text end 49.10 new text begin appropriations from the clean water fund and new text end 49.11 new text begin other constitutionally dedicated funds. new text end 49.12 Sec. 11. new text begin CARRYFORWARD new text end 49.13 new text begin (a) The appropriations in Laws 2009, chapter new text end 49.14 new text begin 172, article 2, section 4, paragraph (g), as new text end 49.15 new text begin amended by Laws 2010, chapter 361, article new text end 49.16 new text begin 2, section 2, are available until June 30, new text end 49.17 new text begin 2013, and may be spent to continue research new text end 49.18 new text begin and testing on the potential for coal tar new text end 49.19 new text begin contamination of waters, on the study of new text end 49.20 new text begin treatment and disposal options, and for grants new text end 49.21 new text begin to local units of government. new text end 49.22 new text begin (b) The appropriation in Laws 2010, chapter new text end 49.23 new text begin 361, article 2, section 4, subdivision 1, for new text end 49.24 new text begin nitrogen and nitrate water quality standards new text end 49.25 new text begin rulemaking is available until June 30, 2012. new text end 49.26 new text begin (c) The appropriations in Laws 2009, chapter new text end 49.27 new text begin 172, article 2, section 4, paragraph (a), new text end 49.28 new text begin as amended by Laws 2010, chapter 361, new text end 49.29 new text begin article 2, section 2, for total maximum new text end 49.30 new text begin daily load (TMDL) study development and new text end 49.31 new text begin implementation are available until June 30, new text end 49.32 new text begin 2014. new text end 50.1 new text begin (d) The appropriations in Laws 2009, chapter new text end 50.2 new text begin 172, article 2, section 2, paragraph (d), new text end 50.3 new text begin for research and pilot projects related to new text end 50.4 new text begin ways agricultural practices contribute to new text end 50.5 new text begin restoring impaired waters and assist with the new text end 50.6 new text begin development of TMDL plans, are available new text end 50.7 new text begin until spent. new text end 50.8    Sec. 12. Minnesota Statutes 2010, section 114D.10, is amended to read: 50.9114D.10 LEGISLATIVE PURPOSE AND FINDINGS. 50.10    Subdivision 1. Purpose. The purpose of the Clean Water Legacy Act is to protect, 50.11 new text begin enhance, and new text end restore, and preserve the new text begin water new text end quality of Minnesota's surface waters new text begin in new text end 50.12 new text begin lakes, rivers, and streams and to protect groundwater from degradation, new text end by providing 50.13authority, direction, and resources to achieve and maintain water quality standards for 50.14 new text begin groundwater and new text end surface waters as new text begin , including the standards new text end required by section 303(d) 50.15of the federal Clean Water Act, United States Code, title 33, section 1313(d), and new text begin other new text end 50.16applicable new text begin state and new text end federal regulations. 50.17    Subd. 2. Findings. The legislature finds that: 50.18(1) there is a close link between protecting, new text begin enhancing, and new text end restoring, and preserving 50.19the quality of Minnesota's new text begin groundwater and new text end surface waters and the ability to develop the 50.20state's economy, enhance its quality of life, and protect its human and natural resources; 50.21(2) achieving the state's water quality goals will require long-term commitment and 50.22cooperation by all state and local agencies, and other public and private organizations 50.23and individuals, with responsibility and authority for water management, planning, and 50.24protection; and 50.25(3) all persons and organizations whose activities affect the quality of waters, 50.26including point and nonpoint sources of pollution, have a responsibility to participate in 50.27and support efforts to achieve the state's water quality goals. 50.28    Sec. 13. Minnesota Statutes 2010, section 114D.20, subdivision 1, is amended to read: 50.29    Subdivision 1. Coordination and cooperation. In implementing this chapter, 50.30public agencies and private entities shall take into consideration the relevant provisions of 50.31local and other applicable water management, conservation, land use, land management, 50.32and development plans and programs. Public agencies with authority for local water 50.33management, conservation, land use, land management, and development plans shall 50.34take into consideration the manner in which their plans affect the implementation of 51.1this chapter. Public agencies shall identify opportunities to participate and assist in the 51.2successful implementation of this chapter, including the funding or technical assistance 51.3needs, if any, that may be necessary. In implementing this chapter, public agencies shall 51.4endeavor to engage the cooperation of organizations and individuals whose activities 51.5affect the quality of new text begin groundwater or new text end surface waters, including point and nonpoint sources 51.6of pollution, and who have authority and responsibility for water management, planning, 51.7and protection. To the extent practicable, public agencies shall endeavor to enter into 51.8formal and informal agreements and arrangements with federal agencies and departments 51.9to jointly utilize staff and educational, technical, and financial resources to deliver 51.10programs or conduct activities to achieve the intent of this chapter, including efforts 51.11under the federal Clean Water Act and other federal farm and soil and water conservation 51.12programs. Nothing in this chapter affects the application of silvicultural exemptions under 51.13any federal, state, or local law or requires silvicultural practices more stringent than those 51.14recommended in the timber harvesting and forest management guidelines adopted by the 51.15Minnesota Forest Resources Council under section 89A.05. 51.16    Sec. 14. Minnesota Statutes 2010, section 114D.20, subdivision 2, is amended to read: 51.17    Subd. 2. Goals for implementation. The following goals must guide the 51.18implementation of this chapter: 51.19(1) to identify impaired waters in accordance with federal TMDL requirements 51.20within ten years after the effective date of this section and thereafter to ensure continuing 51.21evaluation of surface waters for impairments; 51.22(2) to submit TMDL's to the United States Environmental Protection Agency for all 51.23impaired waters in a timely manner in accordance with federal TMDL requirements; 51.24(3) to set a reasonable time for implementing restoration of each identified impaired 51.25water; 51.26(4) to provide assistance and incentives to prevent waters from becoming impaired 51.27and to improve the quality of waters that are listed as impaired but do not have an 51.28approved TMDL addressing the impairment; 51.29(5) to promptly seek the delisting of waters from the impaired waters list when those 51.30waters are shown to achieve the designated uses applicable to the waters; and 51.31(6) to achieve compliance with federal Clean Water Act requirements in Minnesota. new text begin ; new text end 51.32 new text begin (7) to support effective measures to prevent the degradation of groundwater new text end 51.33 new text begin according to the groundwater degradation prevention goal under section 103H.001; and new text end 51.34 new text begin (8) to support effective measures to restore degraded groundwater. new text end 52.1    Sec. 15. Minnesota Statutes 2010, section 114D.20, subdivision 3, is amended to read: 52.2    Subd. 3. Implementation policies. The following policies must guide the 52.3implementation of this chapter: 52.4(1) develop regional and watershed TMDL's and TMDL implementation plans, and 52.5TMDL's and TMDL implementation plans for multiple pollutants, where reasonable and 52.6feasible; 52.7(2) maximize use of available organizational, technical, and financial resources to 52.8perform sampling, monitoring, and other activities to identify new text begin degraded groundwater and new text end 52.9impaired waters, including use of citizen monitoring and citizen monitoring data used 52.10by the Pollution Control Agency in assessing water quality must meet new text begin that meets new text end the 52.11requirements in Appendix D of the Volunteer Surface Water Monitoring Guide, Minnesota 52.12Pollution Control Agency (2003); 52.13(3) maximize opportunities for restoration of new text begin degraded groundwater and new text end impaired 52.14waters, by prioritizing and targeting of available programmatic, financial, and technical 52.15resources and by providing additional state resources to complement and leverage 52.16available resources; 52.17(4) use existing regulatory authorities to achieve restoration for point and nonpoint 52.18sources of pollution where applicable, and promote the development and use of effective 52.19nonregulatory measures to address pollution sources for which regulations are not 52.20applicable; 52.21(5) use restoration methods that have a demonstrated effectiveness in reducing 52.22impairments and provide the greatest long-term positive impact on water quality protection 52.23and improvement and related conservation benefits while incorporating innovative 52.24approaches on a case-by-case basis; 52.25(6) identify for the legislature any innovative approaches that may strengthen or 52.26complement existing programs; 52.27(7) identify and encourage implementation of measures to prevent new text begin surface new text end waters 52.28from becoming impaired and to improve the quality of waters that are listed as impaired 52.29but have no approved TMDL addressing the impairment using the best available data and 52.30technology, and establish and report outcome-based performance measures that monitor 52.31the progress and effectiveness of protection and restoration measures; and 52.32(8) monitor and enforce cost-sharing contracts and impose monetary damages in an 52.33amount up to 150 percent of the financial assistance received for failure to comply. new text begin ; and new text end 52.34 new text begin (9) identify and encourage implementation of measures to prevent groundwater from new text end 52.35 new text begin becoming degraded and measures that restore groundwater resources. new text end 53.1    Sec. 16. Minnesota Statutes 2010, section 114D.20, subdivision 6, is amended to read: 53.2    Subd. 6. Priorities for restoration of impaired waters. In implementing 53.3restoration of impaired waters, in addition to the priority considerations in subdivision 5, 53.4the Clean Water Council shall give priority in its recommendations for restoration funding 53.5from the clean water legacy account new text begin fund new text end to restoration projects that: 53.6(1) coordinate with and utilize existing local authorities and infrastructure for 53.7implementation; 53.8(2) can be implemented in whole or in part by providing support for existing or 53.9ongoing restoration efforts; 53.10(3) most effectively leverage other sources of restoration funding, including federal, 53.11state, local, and private sources of funds; 53.12(4) show a high potential for early restoration and delisting based upon scientific 53.13data developed through public agency or citizen monitoring or other means; and 53.14(5) show a high potential for long-term water quality and related conservation 53.15benefits. 53.16    Sec. 17. Minnesota Statutes 2010, section 114D.20, subdivision 7, is amended to read: 53.17    Subd. 7. Priorities for funding prevention actions. The Clean Water Council 53.18shall apply the priorities applicable under subdivision 6, as far as practicable, when 53.19recommending priorities for funding actions to prevent new text begin groundwater and surface new text end waters 53.20from becoming new text begin degraded or new text end impaired and to improve the quality of new text begin surface new text end waters that are 53.21listed as impaired but do not have an approved TMDL. 53.22    Sec. 18. Minnesota Statutes 2010, section 114D.30, is amended to read: 53.23114D.30 CLEAN WATER COUNCIL. 53.24    Subdivision 1. Creation; duties. A Clean Water Council is created to advise on the 53.25administration and implementation of this chapter, and foster coordination and cooperation 53.26as described in section 114D.20, subdivision 1. The council may also advise on the 53.27development of appropriate processes for expert scientific review as described in section 53.28114D.35 , subdivision 2. The Pollution Control Agency shall provide administrative 53.29support for the council with the support of other member agencies. The members of the 53.30council shall elect a chair from the nonagency new text begin voting new text end members of the council. 53.31    Subd. 2. Membership; appointment. new text begin (a) new text end The commissioners of natural resources, 53.32agriculture, new text begin health, new text end and the Pollution Control Agency, and the executive director of the 53.33Board of Water and Soil Resources shall new text begin each new text end appoint one person from their respective 53.34agency to serve as a new text begin nonvoting new text end member of the council. Agency members serve as 54.1nonvoting members of the council. new text begin Two members of the house of representatives, new text end 54.2 new text begin including one member from the majority party and one member from the minority party, new text end 54.3 new text begin appointed by the speaker and two senators, including one member from the majority new text end 54.4 new text begin party and one member from the minority party, appointed according to the rules of the new text end 54.5 new text begin senate shall serve at the pleasure of the appointing authority as nonvoting members of new text end 54.6 new text begin the council. Agency and legislative members appointed under this paragraph serve as new text end 54.7 new text begin nonvoting members of the council. new text end 54.8 new text begin (b) new text end Nineteen additional nonagency new text begin voting new text end members of the council shall be appointed 54.9by the governor as follows: 54.10(1) two members representing statewide farm organizations; 54.11(2) two members representing business organizations; 54.12(3) two members representing environmental organizations; 54.13(4) one member representing soil and water conservation districts; 54.14(5) one member representing watershed districts; 54.15(6) one member representing nonprofit organizations focused on improvement of 54.16Minnesota lakes or streams; 54.17(7) two members representing organizations of county governments, one member 54.18representing the interests of rural counties and one member representing the interests of 54.19counties in the seven-county metropolitan area; 54.20(8) two members representing organizations of city governments; 54.21(9) one member representing the Metropolitan Council established under section 54.22473.123 ; 54.23(10) one new text begin member representing new text end township officer new text begin officers new text end ; 54.24(11) one member representing the interests of tribal governments; 54.25(12) one member representing statewide hunting organizations; 54.26(13) one member representing the University of Minnesota or a Minnesota state 54.27university; and 54.28(14) one member representing statewide fishing organizations. 54.29Members appointed under clauses (1) to (14) new text begin this paragraph new text end must not be registered 54.30lobbyists new text begin or legislators new text end . In making appointments, the governor must attempt to provide for 54.31geographic balance. The members of the council appointed by the governor are subject 54.32to the advice and consent of the senate. 54.33    Subd. 3. Conflict of interest. A Clean Water Council member may not participate 54.34in or vote on a decision of the council relating to an organization in which the member has 54.35either a direct or indirect personal financial interest. While serving on the Clean Water 54.36Council, a member shall avoid any potential conflict of interest. 55.1    Subd. 4. Terms; compensation; removal. The initial terms of members 55.2representing state agencies and the Metropolitan Council expire on the first Monday in 55.3January 2007. Thereafter, The terms of members representing the state agencies and the 55.4Metropolitan Council are four years and are coterminous with the governor. The terms 55.5of other new text begin nonlegislative new text end members of the council shall be as provided in section 15.059, 55.6subdivision 2. Members may serve until their successors are appointed and qualify. 55.7Compensation and removal of new text begin nonlegislative new text end council members is as provided in section 55.815.059 , subdivisions 3 and 4. new text begin Compensation of legislative members is as determined new text end 55.9 new text begin by the appointing authority. new text end A vacancy on the council may be filled by the appointing 55.10authority provided in subdivision 1 for the remainder of the unexpired term. 55.11    Subd. 5. Implementation plan. The Clean Water Council shall recommend a plan 55.12for implementation of this chapter new text begin and the provisions of article XI, section 15, of the new text end 55.13 new text begin Minnesota Constitution relating to clean water new text end . The recommended plan shall address 55.14general procedures and time frames for implementing this chapter, and shall include a more 55.15specific implementation work plan for the next fiscal biennium and a framework for setting 55.16priorities to address impaired waters consistent with section 114D.20, subdivisions 2 to 7. 55.17The council shall issue the first recommended plan under this subdivision by December 1, 55.182005, and shall issue a revised plan by December 1 of each even-numbered year thereafter. 55.19    Subd. 6. Recommendations on appropriation of funds. new text begin (a) new text end The Clean Water 55.20Council shall recommend to the governor new text begin and the legislature new text end the manner in which 55.21money from the clean water legacy account new text begin fund new text end should be appropriated for the purposes 55.22identified in section , subdivision 3 new text begin stated in article XI, section 15, of the new text end 55.23 new text begin Minnesota Constitution and section 114D.50 new text end . 55.24 new text begin (b) new text end The council's recommendations must new text begin : new text end 55.25 new text begin (1) be to protect, enhance, and restore water quality in lakes, rivers, and streams and new text end 55.26 new text begin to protect groundwater from degradation and ensure that at least five percent of the clean new text end 55.27 new text begin water fund is spent only to protect drinking water sources; new text end 55.28 new text begin (2) new text end be consistent with the purposes, policies, goals, and priorities in sections 55.29 to , new text begin this chapter; new text end and shall 55.30 new text begin (3) new text end allocate adequate support and resources to identify new text begin degraded groundwater and new text end 55.31impaired waters, develop TMDL's, implement restoration of new text begin groundwater and new text end impaired 55.32waters, and provide assistance and incentives to prevent new text begin groundwater and surface new text end waters 55.33from becoming new text begin degraded or new text end impaired and improve the quality of new text begin surface new text end waters which are 55.34listed as impaired but have no approved TMDL. 55.35 new text begin (c) new text end The council must recommend methods of ensuring that awards of grants, 55.36loans, or other funds from the clean water legacy account new text begin fund new text end specify the outcomes 56.1to be achieved as a result of the funding and specify standards to hold the recipient 56.2accountable for achieving the desired outcomes. Expenditures from the account new text begin fund new text end must 56.3be appropriated by law. 56.4    Subd. 7. Biennial report to legislature. By December 1 of each even-numbered 56.5year, the council shall submit a report to the legislature on the activities for which money 56.6has been or will be spent for the current biennium, the activities for which money is 56.7recommended to be spent in the next biennium, and the impact on economic development 56.8of the implementation of new text begin efforts to protect and restore groundwater and new text end the impaired waters 56.9program. The report due on December 1, 2014, must include an evaluation of the progress 56.10made through June 30, 2014, in implementing this chapter new text begin and the provisions of article XI, new text end 56.11 new text begin section 15, of the Minnesota Constitution relating to clean water new text end , the need for funding of 56.12future implementation of those sections, and recommendations for the sources of funding. 56.13    Sec. 19. Minnesota Statutes 2010, section 114D.35, is amended to read: 56.14114D.35 PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC 56.15REVIEW; EDUCATION. 56.16    Subdivision 1. Public and stakeholder participation. Public agencies and private 56.17entities involved in the implementation of this chapter shall encourage participation by 56.18the public and stakeholders, including local citizens, landowners and managers, and 56.19public and private organizations, in the identification of new text begin identifying new text end impaired waters, in 56.20developing TMDL's, and in planning, priority setting, and implementing restoration of 56.21impaired waters new text begin , in identifying degraded groundwater, and in protecting and restoring new text end 56.22 new text begin groundwater resources new text end . In particular, the Pollution Control Agency shall make reasonable 56.23efforts to provide timely information to the public and to stakeholders about impaired 56.24waters that have been identified by the agency. The agency shall seek broad and early 56.25public and stakeholder participation in scoping the activities necessary to develop a 56.26TMDL, including the scientific models, methods, and approaches to be used in TMDL 56.27development, and to implement restoration pursuant to section 114D.15, subdivision 7. 56.28    Subd. 2. Expert scientific advice. The Clean Water Council and public agencies 56.29and private entities shall make use of available public and private expertise from 56.30educational, research, and technical organizations, including the University of Minnesota 56.31and other higher education institutions, to provide appropriate independent expert advice 56.32on models, methods, and approaches used in identifying new text begin degraded ground water and new text end 56.33impaired waters, developing TMDL's, and implementing prevention and restoration. 56.34    Subd. 3. Education. The Clean Water Council shall develop strategies for 56.35informing, educating, and encouraging the participation of citizens, stakeholders, 57.1and others regarding the identification of impaired waters, development of TMDL's, 57.2development of TMDL implementation plans, and implementation of restoration for 57.3impaired waters new text begin , identification of degraded groundwater, and protection and restoration new text end 57.4 new text begin of groundwater resources new text end . Public agencies shall be responsible for implementing the 57.5strategies. 57.6    Sec. 20. Minnesota Statutes 2010, section 116.195, is amended to read: 57.7116.195 BENEFICIAL USE OF WASTEWATER new text begin AND STORM WATER new text end ; 57.8CAPITAL GRANTS FOR DEMONSTRATION PROJECTS. 57.9    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms 57.10have the meanings given them. 57.11    (b) "Agency" means the Pollution Control Agency. 57.12    (c) "Beneficial use of wastewater new text begin or storm water new text end " means new text begin : new text end 57.13 new text begin (1) new text end use of the effluent from a wastewater treatment plant that replaces use of 57.14groundwater new text begin ; or new text end 57.15 new text begin (2) use of storm water that replaces the use of groundwater new text end . 57.16    (d) "Capital project" means the acquisition or betterment of public land, buildings, 57.17and other public improvements of a capital nature for the treatment of wastewater intended 57.18for beneficial use new text begin or for the use of storm water to replace groundwater use new text end . Capital project 57.19includes projects to retrofit, expand, or construct new treatment facilities. 57.20    Subd. 2. Grants for capital project design. The agency shall make grant awards 57.21to political subdivisions for up to 50 percent of the costs to predesign and design capital 57.22projects that demonstrate the beneficial use of wastewater new text begin or storm water new text end . The maximum 57.23amount for a grant under this subdivision is $500,000. The grant agreement must provide 57.24that the predesign and design work being funded is public information and available to 57.25anyone without charge. The agency must make the predesign and design work available 57.26on its Web site. 57.27    Subd. 3. Grants for capital project implementation. The agency shall make grant 57.28awards to political subdivisions for up to 50 percent of the costs to acquire, construct, 57.29install, furnish, and equip capital projects that demonstrate the beneficial use of wastewater new text begin new text end 57.30 new text begin or storm water new text end . The political subdivision must submit design plans and specifications 57.31to the agency as part of the application. 57.32    The agency must consult with the Public Facilities Authority and the commissioner 57.33of natural resources in reviewing and ranking applications for grants under this section. 58.1    The application must identify the uses of the treated wastewater new text begin or storm water new text end 58.2and greater weight will be given to applications that include a binding commitment to 58.3participate by the user or users. 58.4    The agency must give preference to projects that will reduce use of the greatest 58.5volume of groundwater from aquifers with the slowest rate of recharge. 58.6    Subd. 4. Application form; procedures. The agency shall develop an application 58.7form and procedures. 58.8    Subd. 5. Reports. The agency shall report by February 1 of each year to the chairs 58.9of the house of representatives and senate committees with jurisdiction over environment 58.10policy and finance and capital investment on the grants made and projects funded under 58.11this section. For each demonstration project funded, the report must include information 58.12on the scale of water constraints for the area, the volume of treated wastewater supply new text begin new text end 58.13 new text begin supplied or storm water available new text end , the quality of new text begin the storm water or new text end treated wastewater 58.14supplied and treatment implications for the industrial user, impacts to stream flow and 58.15downstream users, and any considerations related to water appropriation and discharge 58.16permits. 58.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 58.18    Sec. 21. Laws 2009, chapter 172, article 2, section 4, as amended by Laws 2010, 58.19chapter 361, article 2, section 2, is amended to read: 58.20 Sec. 4. POLLUTION CONTROL AGENCY$24,076,000$27,630,00058.21(a) $9,000,000 the first year and $9,000,000 58.22the second year are to develop total 58.23maximum daily load (TMDL) studies and 58.24TMDL implementation plans for waters 58.25listed on the United States Environmental 58.26Protection Agency approved impaired 58.27waters list in accordance with Minnesota 58.28Statutes, chapter 114D. The agency shall 58.29complete an average of ten percent of the 58.30TMDLs each year over the biennium. Of 58.31this amount, $348,000 the first year is to 58.32retest the comprehensive assessment of the 58.33biological conditions of the lower Minnesota 58.34River and its tributaries within the Lower 59.1Minnesota River Major Watershed, as 59.2previously assessed from 1976 to 1992 under 59.3the Minnesota River Assessment Project 59.4(MRAP). The assessment must include the 59.5same fish species sampling at the same 116 59.6locations and the same macroinvertebrate 59.7sampling at the same 41 locations as the 59.8MRAP assessment. The assessment must: 59.9(1) include an analysis of the findings; and 59.10(2) identify factors that limit aquatic life in 59.11the Minnesota River. 59.12Of this amount, $250,000 the first year is 59.13for a pilot project for the development of 59.14total maximum daily load (TMDL) studies 59.15conducted on a watershed basis within 59.16the Buffalo River watershed in order to 59.17protect, enhance, and restore water quality 59.18in lakes, rivers, and streams. The pilot 59.19project shall include all necessary field 59.20work to develop TMDL studies for all 59.21impaired subwatersheds within the Buffalo 59.22River watershed and provide information 59.23necessary to complete reports for most of the 59.24remaining watersheds, including analysis of 59.25water quality data, identification of sources 59.26of water quality degradation and stressors, 59.27load allocation development, development 59.28of reports that provide protection plans 59.29for subwatersheds that meet water quality 59.30standards, and development of reports that 59.31provide information necessary to complete 59.32TMDL studies for subwatersheds that do not 59.33meet water quality standards, but are not 59.34listed as impaired. 60.1(b) $500,000 the first year is for development 60.2of an enhanced TMDL database to manage 60.3and track progress. Of this amount, $63,000 60.4the first year is to promulgate rules. By 60.5November 1, 2010, the commissioner shall 60.6submit a report to the chairs of the house of 60.7representatives and senate committees with 60.8jurisdiction over environment and natural 60.9resources finance on the outcomes achieved 60.10with this appropriation. 60.11(c) $1,500,000 the first year and $3,169,000 60.12the second year are for grants under 60.13Minnesota Statutes, section 116.195, to 60.14political subdivisions for up to 50 percent of 60.15the costs to predesign, design, and implement 60.16capital projects that use new text begin storm water or new text end 60.17treated municipal wastewater instead of 60.18groundwater from drinking water aquifers, 60.19in order to demonstrate the beneficial use 60.20of wastewater new text begin or storm water new text end , including 60.21the conservation and protection of water 60.22resources. Of this amount, $1,000,000 the 60.23first year is for grants to ethanol plants that 60.24are within one and one-half miles of a city for 60.25improvements that new text begin use storm water or new text end reuse 60.26greater than 300,000 gallons of wastewater 60.27per day. new text begin This appropriation is available until new text end 60.28 new text begin spent. new text end 60.29(d) $1,125,000 the first year and $1,125,000 60.30the second year are for groundwater 60.31assessment and drinking water protection to 60.32include: 60.33(1) the installation and sampling of at least 60.3430 new monitoring wells; 61.1(2) the analysis of samples from at least 40 61.2shallow monitoring wells each year for the 61.3presence of endocrine disrupting compounds; 61.4and 61.5(3) the completion of at least four to 61.6five groundwater models for TMDL and 61.7watershed plans. 61.8(e) $2,500,000 the first year is for the clean 61.9water partnership program. Priority shall be 61.10given to projects preventing impairments and 61.11degradation of lakes, rivers, streams, and 61.12groundwater in accordance with Minnesota 61.13Statutes, section 114D.20, subdivision 2, 61.14clause (4). Any balance remaining in the first 61.15year does not cancel and is available for the 61.16second year. 61.17(f) $896,000 the first year is to establish 61.18a network of water monitoring sites, to 61.19include at least 20 additional sites, in public 61.20waters adjacent to wastewater treatment 61.21facilities across the state to assess levels of 61.22endocrine-disrupting compounds, antibiotic 61.23compounds, and pharmaceuticals as required 61.24in this article. The data must be placed on 61.25the agency's Web site. 61.26(g) $155,000 the first year is to provide 61.27notification of the potential for coal tar 61.28contamination, establish a storm water 61.29pond inventory schedule, and develop best 61.30management practices for treating and 61.31cleaning up contaminated sediments as 61.32required in this article. $490,000 the second 61.33year is to provide grants to local units of 61.34government for up to 50 percent of the costs 61.35to implement best management practices to 62.1treat or clean up contaminated sediments 62.2in storm water ponds and other waters as 62.3defined under this article. Local governments 62.4must have adopted an ordinance for the 62.5restricted use of undiluted coal tar sealants 62.6in order to be eligible for a grant, unless a 62.7statewide restriction has been implemented. 62.8A grant awarded under this paragraph must 62.9not exceed $100,000. Up to $145,000 of the 62.10appropriation in the second year may be used 62.11to complete work required under section 28, 62.12paragraph (c). 62.13(h) $350,000 the first year and $600,000 the 62.14second year are for a restoration project in 62.15the lower St. Louis River and Duluth harbor 62.16in order to improve water quality. This 62.17appropriation must be matched by nonstate 62.18money at a rate of at least $2 for every $1 of 62.19state money. 62.20(i) $150,000 the first year and $196,000 the 62.21second year are for grants to the Red River 62.22Watershed Management Board to enhance 62.23and expand existing river watch activities in 62.24the Red River of the North. The Red River 62.25Watershed Management Board shall provide 62.26a report that includes formal evaluation 62.27results from the river watch program to the 62.28commissioners of education and the Pollution 62.29Control Agency and to the legislative natural 62.30resources finance and policy committees 62.31and K-12 finance and policy committees by 62.32February 15, 2011. 62.33(j) $200,000 the first year and $300,000 the 62.34second year are for coordination with the 62.35state of Wisconsin and the National Park 63.1Service on comprehensive water monitoring 63.2and phosphorus reduction activities in the 63.3Lake St. Croix portion of the St. Croix 63.4River. The Pollution Control Agency 63.5shall work with the St. Croix Basin Water 63.6Resources Planning Team and the St. Croix 63.7River Association in implementing the 63.8water monitoring and phosphorus reduction 63.9activities. This appropriation is available 63.10to the extent matched by nonstate sources. 63.11Money not matched by November 15, 2010, 63.12cancels for this purpose and is available for 63.13the purposes of paragraph (a). 63.14(k) $7,500,000 the first year and $7,500,000 63.15the second year are for completion of 20 63.16percent of the needed statewide assessments 63.17of surface water quality and trends. Of this 63.18amount, $175,000 the first year and $200,000 63.19the second year are for monitoring and 63.20analyzing endocrine disruptors in surface 63.21waters. 63.22(l) $100,000 the first year and $150,000 63.23the second year are for civic engagement 63.24in TMDL development. The agency shall 63.25develop a plan for expenditures under 63.26this paragraph. The agency shall give 63.27consideration to civic engagement proposals 63.28from basin or sub-basin organizations, 63.29including the Mississippi Headwaters Board, 63.30the Minnesota River Joint Powers Board, 63.31Area II Minnesota River Basin Projects, 63.32and the Red River Basin Commission. 63.33By November 15, 2009, the plan shall be 63.34submitted to the house and senate chairs 63.35and ranking minority members of the 63.36environmental finance divisions. 64.1(m) $5,000,000 the second year is for 64.2groundwater protection or prevention of 64.3groundwater degradation activities. By 64.4January 15, 2010, the commissioner, in 64.5consultation with the commissioner of 64.6natural resources, the Board of Water and 64.7Soil Resources, and other agencies, shall 64.8submit a report to the chairs of the house of 64.9representatives and senate committees with 64.10jurisdiction over the clean water fund on the 64.11intended use of these funds. The legislature 64.12must approve expenditure of these funds by 64.13law. 64.14Notwithstanding Minnesota Statutes, section 64.1516A.28 , the appropriations encumbered on or 64.16before June 30, 2011, as grants or contracts in 64.17this section are available until June 30, 2013. 64.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 64.19    Sec. 22. Laws 2010, chapter 361, article 2, section 3, is amended to read: 64.20    Sec. 3. CLEAN WATER FUND; 2009 APPROPRIATION ADJUSTMENTS. 64.21The appropriations in fiscal years 2011 new text begin 2010 new text end and 2012 new text begin 2011 new text end to the Department of 64.22Natural Resources for high-resolution digital elevation data in Laws 2009, chapter 172, 64.23article 2, section 5, paragraph (d), are available until June 30, 2012. 64.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 64.25    Sec. 23. new text begin CIVIC ENGAGEMENT AND PUBLIC EDUCATION. new text end 64.26 new text begin A recipient of funds appropriated in this article shall incorporate civic engagement new text end 64.27 new text begin and public education when implementing projects and programs funded under this article. new text end 64.28    Sec. 24. new text begin REPEALER. new text end 64.29 new text begin Minnesota Statutes 2010, section 114D.45, new text end new text begin is repealed. new text end 65.1ARTICLE 3 65.2PARKS AND TRAILS FUND 65.3 Section 1. new text begin PARKS AND TRAILS FUND APPROPRIATIONS. new text end 65.4     new text begin The sums shown in the columns marked "Appropriations" are appropriated to new text end 65.5 new text begin the agencies and for the purposes specified in this article. The appropriations are from new text end 65.6 new text begin the parks and trails fund, or another named fund, and are available for the fiscal years new text end 65.7 new text begin indicated for each purpose. "The first year" is fiscal year 2012. "The second year" is new text end 65.8 new text begin fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the new text end 65.9 new text begin fiscal year ending June 30, 2012, are effective the day following final enactment. All new text end 65.10 new text begin appropriations in this article are onetime. new text end 65.11 new text begin APPROPRIATIONS new text end 65.12 new text begin Available for the Year new text end 65.13 new text begin Ending June 30 new text end 65.14 new text begin 2012 new text end new text begin 2013 new text end 65.15 Sec. 2. new text begin PARKS AND TRAILS new text end 65.16 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 38,637,000 new text end new text begin $ new text end new text begin 38,630,000 new text end 65.17 new text begin The amounts that may be spent for each new text end 65.18 new text begin purpose are specified in the following new text end 65.19 new text begin sections. new text end 65.20 new text begin Subd. 2. new text end new text begin Availability of Appropriation new text end 65.21 new text begin Money appropriated in this article may new text end 65.22 new text begin not be spent on activities unless they are new text end 65.23 new text begin directly related to and necessary for a specific new text end 65.24 new text begin appropriation. Money appropriated in this new text end 65.25 new text begin article must not be spent on indirect costs new text end 65.26 new text begin or other institutional overhead charges that new text end 65.27 new text begin are not directly related to and necessary for new text end 65.28 new text begin a specific appropriation. Notwithstanding new text end 65.29 new text begin Minnesota Statutes, section 16A.28, and new text end 65.30 new text begin unless otherwise specified in this article, new text end 65.31 new text begin fiscal year 2012 appropriations are available new text end 65.32 new text begin until June 30, 2014, and fiscal year 2013 new text end 65.33 new text begin appropriations are available until June 30, new text end 65.34 new text begin 2015. If a project receives federal funds, the new text end 66.1 new text begin time period of the appropriation is extended new text end 66.2 new text begin to equal the availability of federal funding. new text end 66.3 66.4 Sec. 3. new text begin DEPARTMENT OF NATURAL new text end new text begin RESOURCES new text end new text begin $ new text end new text begin 23,668,000 new text end new text begin $ new text end new text begin 23,193,000 new text end 66.5 new text begin (a) $14,962,000 the first year and new text end 66.6 new text begin $15,437,000 the second year are for state new text end 66.7 new text begin parks, recreation areas, and trails to: new text end 66.8 new text begin (1) connect people to the outdoors; new text end 66.9 new text begin (2) acquire land and create opportunities; new text end 66.10 new text begin (3) maintain existing holdings, including new text end 66.11 new text begin developing and redeveloping facilities, new text end 66.12 new text begin and improving accessibility and energy new text end 66.13 new text begin efficiency; and new text end 66.14 new text begin (4) improve cooperation by coordinating new text end 66.15 new text begin with partners to implement the 25-year new text end 66.16 new text begin long-range parks and trails legacy plan. new text end 66.17 new text begin (b) $2,100,000 the first year is for acquisition new text end 66.18 new text begin of land adjacent to LaSalle Lake in Hubbard new text end 66.19 new text begin County for a state recreation area. If the new text end 66.20 new text begin acquisition is not completed by July 15, new text end 66.21 new text begin 2012, or if a balance remains after the new text end 66.22 new text begin acquisition of the land, the money under this new text end 66.23 new text begin paragraph is available for acquisitions under new text end 66.24 new text begin paragraph (a), clause (2). new text end 66.25 new text begin (c) $6,568,000 the first year and $7,718,000 new text end 66.26 new text begin the second year are for parks and trails of new text end 66.27 new text begin regional or statewide significance as follows: new text end 66.28 new text begin (1) $6,393,000 the first year and $7,718,000 new text end 66.29 new text begin the second year are for grants under new text end 66.30 new text begin Minnesota Statutes, section 85.535, to new text end 66.31 new text begin acquire, develop, improve, and restore new text end 66.32 new text begin parks and trails of regional or statewide new text end 66.33 new text begin significance; and new text end 67.1 new text begin (2) $175,000 the first year is for a grant to the new text end 67.2 new text begin Greater Minnesota Regional Park and Trail new text end 67.3 new text begin Coalition to: define and develop information, new text end 67.4 new text begin including the number of users and potential new text end 67.5 new text begin users of greater Minnesota regional parks new text end 67.6 new text begin and trails; collect and compile details on new text end 67.7 new text begin the facilities within the greater Minnesota new text end 67.8 new text begin regional park system; and develop a plan for new text end 67.9 new text begin high priority park and trail acquisition and new text end 67.10 new text begin development opportunities. No local match new text end 67.11 new text begin is required for this grant. new text end 67.12 new text begin Up to 2.5 percent of the total appropriation new text end 67.13 new text begin may be used for administering the grants. new text end 67.14 new text begin (d) $38,000 the first year and $38,000 the new text end 67.15 new text begin second year are for a technical assistance new text end 67.16 new text begin panel to conduct up to ten restoration audits new text end 67.17 new text begin under Minnesota Statutes, section 85.53, new text end 67.18 new text begin subdivision 5. new text end 67.19 new text begin (e) The commissioner shall contract for new text end 67.20 new text begin services with Conservation Corps Minnesota new text end 67.21 new text begin for restoration, maintenance, and other new text end 67.22 new text begin activities under this section for at least new text end 67.23 new text begin $1,000,000 the first year and $1,000,000 the new text end 67.24 new text begin second year. new text end 67.25 new text begin (f) The commissioner of natural resources new text end 67.26 new text begin shall convene and facilitate a working new text end 67.27 new text begin group of nine members to develop new text end 67.28 new text begin recommendations for the allocation of the new text end 67.29 new text begin parks and trails fund. The working group new text end 67.30 new text begin shall have representatives from metropolitan new text end 67.31 new text begin parks and trails, greater Minnesota parks new text end 67.32 new text begin and trails, and the Department of Natural new text end 67.33 new text begin Resources Parks and Trails Division. The new text end 67.34 new text begin recommendations shall be submitted no later new text end 67.35 new text begin than November 15, 2012, and presented to new text end 68.1 new text begin the governor for consideration in the budget new text end 68.2 new text begin for fiscal years 2014 and 2015. new text end 68.3 Sec. 4. new text begin METROPOLITAN COUNCIL new text end new text begin $ new text end new text begin 14,962,000 new text end new text begin $ new text end new text begin 15,437,000 new text end 68.4 new text begin (a) $14,962,000 the first year and new text end 68.5 new text begin $15,437,000 the second year are to be new text end 68.6 new text begin distributed as required under Minnesota new text end 68.7 new text begin Statutes, section 85.53, subdivision 3. new text end 68.8 new text begin (b) Grant agreements entered into by the new text end 68.9 new text begin Metropolitan Council and recipients of new text end 68.10 new text begin money appropriated under this section shall new text end 68.11 new text begin ensure that the funds are used to supplement new text end 68.12 new text begin and not substitute for traditional sources of new text end 68.13 new text begin funding. new text end 68.14 Sec. 5. new text begin LEGISLATURE new text end new text begin $ new text end new text begin 7,000 new text end new text begin $ new text end new text begin -0- new text end 68.15 new text begin $7,000 the first year is for the Legislative new text end 68.16 new text begin Coordinating Commission for the costs of new text end 68.17 new text begin developing and implementing a Web site to new text end 68.18 new text begin contain information on projects receiving new text end 68.19 new text begin appropriations from the parks and trails fund new text end 68.20 new text begin and other constitutionally dedicated funds. new text end 68.21    Sec. 6. Minnesota Statutes 2010, section 85.013, is amended by adding a subdivision 68.22to read: 68.23     new text begin Subd. 15a. new text end new text begin LaSalle Lake State Recreation Area, Hubbard County. new text end 68.24    Sec. 7. new text begin LASALLE LAKE STATE RECREATION AREA. new text end 68.25     new text begin Subdivision 1. new text end new text begin LaSalle Lake State Recreation Area, Hubbard County. new text end new text begin The new text end 68.26 new text begin LaSalle Lake State Recreation Area is established in Hubbard County. new text end 68.27     new text begin Subd. 2. new text end new text begin Boundaries. new text end new text begin The following described lands are located within the new text end 68.28 new text begin boundaries of the LaSalle Lake State Recreation Area, all in Hubbard County: new text end 68.29     new text begin (1) the Southwest Quarter of the Southwest Quarter and the Northwest Quarter of the new text end 68.30 new text begin Southwest Quarter, except the East 10 acres thereof, of Section 29; the Northeast Quarter new text end 68.31 new text begin of the Northeast Quarter, the Northwest Quarter of the Northeast Quarter, the Southwest new text end 68.32 new text begin Quarter of the Northeast Quarter, the Northeast Quarter of the Southwest Quarter, the new text end 69.1 new text begin Southeast Quarter of the Northwest Quarter, the Southeast Quarter of the Northeast new text end 69.2 new text begin Quarter, and Government Lots 2, 3, 4, 5, 6, 7, 8, and 9, of Section 30; Government Lots 1, new text end 69.3 new text begin 2, 5, 6, 7, 8, 9, and 10, of Section 31; and Government Lots 1 and 4 of Section 32; all in new text end 69.4 new text begin Township 145 North, Range 35 West; and new text end 69.5     new text begin (2) Government Lot 12, Section 19, Township 145 North, Range 35. new text end 69.6     new text begin Subd. 3. new text end new text begin Administration. new text end new text begin The commissioner of natural resources shall administer new text end 69.7 new text begin the area according to Minnesota Statutes, section 86A.05, subdivision 3, subject to new text end 69.8 new text begin existing rules and regulations for state recreation areas. LaSalle Lake State Recreation new text end 69.9 new text begin Area shall be administered as a satellite unit of Itasca State Park. new text end 69.10    Sec. 8. new text begin LASALLE LAKE STATE RECREATION AREA MANAGEMENT new text end 69.11 new text begin OPTIONS. new text end 69.12 new text begin By March 1, 2012, the commissioner of natural resources shall submit a report to new text end 69.13 new text begin the senate and house of representatives committees and divisions with jurisdiction over new text end 69.14 new text begin natural resources policy and finance evaluating options for the management of the resort new text end 69.15 new text begin within the LaSalle Lake State Recreation Area, including an evaluation of the option new text end 69.16 new text begin to lease the resort to a nonstate entity. The evaluation shall include potential financial new text end 69.17 new text begin arrangements or mechanisms that would make the equivalent of local taxes or payments in new text end 69.18 new text begin lieu of taxes the responsibility of the nonstate entity. new text end 69.19ARTICLE 4 69.20ARTS AND CULTURAL HERITAGE FUND 69.21 Section 1. new text begin ARTS AND CULTURAL HERITAGE FUND APPROPRIATIONS. new text end 69.22     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 69.23 new text begin entities and for the purposes specified in this article. The appropriations are from the arts new text end 69.24 new text begin and cultural heritage fund, and are available for the fiscal years indicated for allowable new text end 69.25 new text begin activities under the Minnesota Constitution, article XI, section 15. "The first year" is fiscal new text end 69.26 new text begin year 2012. "The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 new text end 69.27 new text begin and 2013. All appropriations in this article are onetime. new text end 69.28 new text begin APPROPRIATIONS new text end 69.29 new text begin Available for the Year new text end 69.30 new text begin Ending June 30 new text end 69.31 new text begin 2012 new text end new text begin 2013 new text end 69.32 Sec. 2. new text begin ARTS AND CULTURAL HERITAGE new text end 69.33 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 52,537,000 new text end new text begin $ new text end new text begin 48,729,000 new text end 70.1 new text begin The amounts that may be spent for each new text end 70.2 new text begin purpose are specified in the following new text end 70.3 new text begin subdivisions. new text end 70.4 new text begin Subd. 2. new text end new text begin Availability of Appropriation new text end 70.5 new text begin Money appropriated in this article may new text end 70.6 new text begin not be spent on activities unless they are new text end 70.7 new text begin directly related to and necessary for a specific new text end 70.8 new text begin appropriation. Money appropriated in this new text end 70.9 new text begin article must not be spent on indirect costs new text end 70.10 new text begin or other institutional overhead charges that new text end 70.11 new text begin are not directly related to and necessary for new text end 70.12 new text begin a specific appropriation. Notwithstanding new text end 70.13 new text begin Minnesota Statutes, section 16A.28, and new text end 70.14 new text begin unless otherwise specified in this article, new text end 70.15 new text begin fiscal year 2012 appropriations are available new text end 70.16 new text begin until June 30, 2013, and fiscal year 2013 new text end 70.17 new text begin appropriations are available until June 30, new text end 70.18 new text begin 2014. If a project receives federal funds, the new text end 70.19 new text begin time period of the appropriation is extended new text end 70.20 new text begin to equal the availability of federal funding. new text end 70.21 new text begin Subd. 3. new text end new text begin Minnesota State Arts Board new text end new text begin 21,824,000 new text end new text begin 21,824,000 new text end 70.22 new text begin These amounts are appropriated to the new text end 70.23 new text begin Minnesota State Arts Board for arts, arts new text end 70.24 new text begin education, and arts access. Grant agreements new text end 70.25 new text begin entered into by the Minnesota State Arts new text end 70.26 new text begin Board and other recipients of appropriations new text end 70.27 new text begin in this subdivision shall ensure that new text end 70.28 new text begin these funds are used to supplement and new text end 70.29 new text begin not substitute for traditional sources of new text end 70.30 new text begin funding. Appropriations made directly new text end 70.31 new text begin to the Minnesota State Arts Board shall new text end 70.32 new text begin supplement, and shall not substitute for, new text end 70.33 new text begin traditional sources of funding. Each grant new text end 70.34 new text begin program established within this appropriation new text end 70.35 new text begin shall be separately administered from other new text end 71.1 new text begin state appropriations for program planning new text end 71.2 new text begin and outcome measurements, but may take new text end 71.3 new text begin into consideration other state resources new text end 71.4 new text begin awarded in the selection of applicants and new text end 71.5 new text begin grant award size. new text end 71.6 new text begin Arts and Arts Access Initiatives. new text end 71.7 new text begin $16,660,000 the first year and $16,660,000 new text end 71.8 new text begin the second year are to support Minnesota new text end 71.9 new text begin artists and arts organizations in creating, new text end 71.10 new text begin producing, and presenting high-quality arts new text end 71.11 new text begin activities; to overcome barriers to accessing new text end 71.12 new text begin high-quality arts activities; and to instill the new text end 71.13 new text begin arts into the community and public life in new text end 71.14 new text begin this state. new text end 71.15 new text begin A portion of these funds may be used to: new text end 71.16 new text begin (1) pay attendance fees and travel costs new text end 71.17 new text begin for youth to visit art museums, arts new text end 71.18 new text begin performances, or other arts activities; or new text end 71.19 new text begin (2) bring artists to schools, libraries, or other new text end 71.20 new text begin community centers or organizations for new text end 71.21 new text begin teaching, training, or performance purposes. new text end 71.22 new text begin Arts Education. new text end new text begin $3,450,000 the first year new text end 71.23 new text begin and $3,450,000 the second year are for new text end 71.24 new text begin high-quality, age-appropriate arts education new text end 71.25 new text begin for Minnesotans of all ages to develop new text end 71.26 new text begin knowledge, skills, and understanding of the new text end 71.27 new text begin arts. new text end 71.28 new text begin A portion of this appropriation may be used new text end 71.29 new text begin for grants to school districts to provide new text end 71.30 new text begin materials or resources to teachers, students, new text end 71.31 new text begin and parents to promote achievement of K-12 new text end 71.32 new text begin academic standards in the arts. new text end 71.33 new text begin Arts and Cultural Heritage. new text end new text begin $1,080,000 new text end 71.34 new text begin the first year and $1,080,000 the second year new text end 72.1 new text begin are for events and activities that represent the new text end 72.2 new text begin diverse cultural arts traditions, including folk new text end 72.3 new text begin and traditional artists and art organizations, new text end 72.4 new text begin represented in this state. new text end 72.5 new text begin Administration, Fiscal Oversight, and new text end 72.6 new text begin Accountability. new text end new text begin $634,000 the first year new text end 72.7 new text begin and $634,000 the second year are for new text end 72.8 new text begin administration of grant programs, delivering new text end 72.9 new text begin technical services, providing fiscal oversight new text end 72.10 new text begin for the statewide system, and ensuring new text end 72.11 new text begin accountability for these state resources. new text end 72.12 new text begin Census. new text end new text begin The Minnesota State Arts Board, in new text end 72.13 new text begin partnership with regional arts councils, shall new text end 72.14 new text begin maintain a census of Minnesota artists and new text end 72.15 new text begin artistic organizations. new text end 72.16 new text begin Thirty percent of the total appropriated to new text end 72.17 new text begin each of the categories established in this new text end 72.18 new text begin subdivision is for grants to the regional arts new text end 72.19 new text begin councils. This percentage does not apply to new text end 72.20 new text begin administrative costs. new text end 72.21 new text begin Subd. 4. new text end new text begin Department of Education new text end new text begin 3,455,000 new text end new text begin 3,455,000 new text end 72.22 new text begin These amounts are appropriated to the new text end 72.23 new text begin commissioner of education for grants new text end 72.24 new text begin allocated using existing formulas under new text end 72.25 new text begin Minnesota Statutes, section 134.355, to the new text end 72.26 new text begin 12 Minnesota regional library systems, to new text end 72.27 new text begin provide educational opportunities in the arts, new text end 72.28 new text begin history, literary arts, and cultural heritage new text end 72.29 new text begin of Minnesota. These funds may be used new text end 72.30 new text begin to sponsor programs provided by regional new text end 72.31 new text begin libraries or to provide grants to local arts and new text end 72.32 new text begin cultural heritage programs for programs in new text end 72.33 new text begin partnership with regional libraries. new text end 72.34 new text begin Subd. 5. new text end new text begin Minnesota Historical Society new text end new text begin 12,250,000 new text end new text begin 12,250,000 new text end 73.1 new text begin These amounts are appropriated to the new text end 73.2 new text begin governing board of the Minnesota Historical new text end 73.3 new text begin Society to preserve and enhance access to new text end 73.4 new text begin Minnesota's history and its cultural and new text end 73.5 new text begin historical resources. Grant agreements new text end 73.6 new text begin entered into by the Minnesota Historical new text end 73.7 new text begin Society and other recipients of appropriations new text end 73.8 new text begin in this subdivision shall ensure that new text end 73.9 new text begin these funds are used to supplement and new text end 73.10 new text begin not substitute for traditional sources of new text end 73.11 new text begin funding. Funds directly appropriated to the new text end 73.12 new text begin Minnesota Historical Society shall be used to new text end 73.13 new text begin supplement, and not substitute for, traditional new text end 73.14 new text begin sources of funding. Notwithstanding new text end 73.15 new text begin Minnesota Statutes, section 16A.28, for new text end 73.16 new text begin historic preservation projects that improve new text end 73.17 new text begin historic structures, the amounts are available new text end 73.18 new text begin until June 30, 2015. new text end 73.19 new text begin Statewide Historic and Cultural Grants. new text end 73.20 new text begin $5,250,000 the first year and $5,250,000 new text end 73.21 new text begin the second year are for history programs new text end 73.22 new text begin and projects operated or conducted by or new text end 73.23 new text begin through local, county, regional, or other new text end 73.24 new text begin historical or cultural organizations; or for new text end 73.25 new text begin activities to preserve significant historic new text end 73.26 new text begin and cultural resources. Funds are to be new text end 73.27 new text begin distributed through a competitive grants new text end 73.28 new text begin process. The Minnesota Historical Society new text end 73.29 new text begin shall administer these funds using established new text end 73.30 new text begin grants mechanisms, with assistance from new text end 73.31 new text begin the advisory committee created under Laws new text end 73.32 new text begin 2009, chapter 172, article 4, section 2, new text end 73.33 new text begin subdivision 4, paragraph (b), item (ii). new text end 73.34 new text begin Programs. new text end new text begin $5,000,000 the first year and new text end 73.35 new text begin $5,000,000 the second year are for programs new text end 73.36 new text begin and purposes related to the historical and new text end 74.1 new text begin cultural heritage of the state of Minnesota, new text end 74.2 new text begin conducted by the Minnesota Historical new text end 74.3 new text begin Society. new text end 74.4 new text begin History Partnerships. new text end new text begin $1,500,000 the new text end 74.5 new text begin first year and $1,500,000 the second year new text end 74.6 new text begin are for partnerships involving multiple new text end 74.7 new text begin organizations, which may include the new text end 74.8 new text begin Minnesota Historical Society, to preserve and new text end 74.9 new text begin enhance access to Minnesota's history and new text end 74.10 new text begin cultural heritage in all regions of the state. new text end 74.11 new text begin Statewide Survey of Historical and new text end 74.12 new text begin Archaeological Sites. new text end new text begin $250,000 the first new text end 74.13 new text begin year and $250,000 the second year are new text end 74.14 new text begin for a contract or contracts to be let on a new text end 74.15 new text begin competitive basis to conduct statewide new text end 74.16 new text begin surveys of Minnesota's sites of historical, new text end 74.17 new text begin archaeological, and cultural significance. new text end 74.18 new text begin Results of this survey must be published in new text end 74.19 new text begin a searchable form, available to the public on new text end 74.20 new text begin a cost-free basis. The Minnesota Historical new text end 74.21 new text begin Society, the Office of the State Archaeologist, new text end 74.22 new text begin and the Indian Affairs Council shall each new text end 74.23 new text begin appoint a representative to an oversight new text end 74.24 new text begin board to select contractors and direct the new text end 74.25 new text begin conduct of these surveys. The oversight new text end 74.26 new text begin board shall consult with the Departments of new text end 74.27 new text begin Transportation and Natural Resources. new text end 74.28 new text begin Digital Library. new text end new text begin $250,000 the first year and new text end 74.29 new text begin $250,000 the second year are for a digital new text end 74.30 new text begin library project to preserve, digitize, and share new text end 74.31 new text begin Minnesota images, documents, and historical new text end 74.32 new text begin materials. The Minnesota Historical Society new text end 74.33 new text begin shall cooperate with the Minitex interlibrary new text end 74.34 new text begin loan system and shall jointly share this new text end 74.35 new text begin appropriation for these purposes. new text end 75.1 new text begin Subd. 6. new text end new text begin Department of Administration new text end new text begin 10,200,000 new text end new text begin 6,400,000 new text end 75.2 new text begin These amounts are appropriated to the new text end 75.3 new text begin commissioner of administration for grants new text end 75.4 new text begin to the named organizations for the purposes new text end 75.5 new text begin specified in this subdivision. Up to one new text end 75.6 new text begin percent of funds may be used by the new text end 75.7 new text begin commissioner for grants administration. new text end 75.8 new text begin Grant agreements entered into by new text end 75.9 new text begin the commissioner and recipients of new text end 75.10 new text begin appropriations in this subdivision must new text end 75.11 new text begin ensure that money appropriated in this new text end 75.12 new text begin subdivision is used to supplement and not new text end 75.13 new text begin substitute for traditional sources of funding. new text end 75.14 new text begin Public Broadcasting Grants. new text end new text begin $6,400,000 new text end 75.15 new text begin the first year and $6,400,000 the second new text end 75.16 new text begin year are for a competitive Arts and new text end 75.17 new text begin Cultural Heritage Grants Program-Public new text end 75.18 new text begin Broadcasting. new text end 75.19 new text begin The commissioner shall solicit proposals new text end 75.20 new text begin and award grants to entities that create, new text end 75.21 new text begin produce, acquire, or distribute programs that new text end 75.22 new text begin educate, enhance, or promote local, regional, new text end 75.23 new text begin or statewide items of artistic, cultural, or new text end 75.24 new text begin historic significance. The commissioner new text end 75.25 new text begin shall give preference to projects that new text end 75.26 new text begin expand Minnesotans' access to knowledge, new text end 75.27 new text begin information, arts, state history, or cultural new text end 75.28 new text begin heritage. new text end 75.29 new text begin Veterans Camps. new text end new text begin $3,250,000 the first year new text end 75.30 new text begin is for grants of $2,400,000 to the Disabled new text end 75.31 new text begin Veterans Rest Camp located on Big Marine new text end 75.32 new text begin Lake in Washington County and $850,000 to new text end 75.33 new text begin the Veterans on the Lake Resort located on new text end 75.34 new text begin Fall Lake in St. Louis County. new text end 76.1 new text begin State Capitol Preservation Commission. new text end 76.2 new text begin $550,000 the first year is for the purposes of new text end 76.3 new text begin Minnesota Statutes, section 16B.2405. This new text end 76.4 new text begin appropriation is available until spent. new text end 76.5 new text begin Effective the day following final enactment, new text end 76.6 new text begin the commissioner of administration must new text end 76.7 new text begin do an exterior and interior structural risk new text end 76.8 new text begin assessment of the preservation needs of the new text end 76.9 new text begin State Capitol historic site. The analysis new text end 76.10 new text begin must include (1) a review of design plans new text end 76.11 new text begin and construction practices of all capital new text end 76.12 new text begin infrastructure projects taking place in close new text end 76.13 new text begin proximity to the State Capitol building in the new text end 76.14 new text begin next three fiscal years, to identify whether the new text end 76.15 new text begin construction work or subsequent operations new text end 76.16 new text begin pose (i) risk to the structural integrity of the new text end 76.17 new text begin State Capitol building, or (ii) a reasonable new text end 76.18 new text begin likelihood of other adverse physical impacts, new text end 76.19 new text begin including increased costs for building new text end 76.20 new text begin preservation; and (2) an examination of new text end 76.21 new text begin what would be needed to reopen the balcony new text end 76.22 new text begin viewing area on the second floor overlooking new text end 76.23 new text begin the Capitol grounds. By August 1, 2011, new text end 76.24 new text begin the commissioner must provide a prioritized new text end 76.25 new text begin list of restoration projects with rough cost new text end 76.26 new text begin estimates to the governor, the Capitol Area new text end 76.27 new text begin Architectural and Planning Board, and the new text end 76.28 new text begin chairs of the legislative committees with new text end 76.29 new text begin responsibility for those agencies and capital new text end 76.30 new text begin investment. new text end 76.31 new text begin Subd. 7. new text end new text begin Department of Natural Resources new text end new text begin 1,100,000 new text end new text begin 1,100,000 new text end 76.32 new text begin These amounts are appropriated to the new text end 76.33 new text begin commissioner of natural resources for a new text end 76.34 new text begin competitive Arts and Cultural Heritage new text end 76.35 new text begin Grants Program-Zoos. new text end 77.1 new text begin The commissioner shall solicit proposals new text end 77.2 new text begin and award grants to zoos for projects and new text end 77.3 new text begin programs that promote the arts or preserve new text end 77.4 new text begin Minnesota's history and cultural heritage. new text end 77.5 new text begin The commissioner shall give preference to new text end 77.6 new text begin projects and programs that incorporate arts, new text end 77.7 new text begin culture, and history into zoo programming new text end 77.8 new text begin or that increase knowledge and awareness new text end 77.9 new text begin of the way that history and culture affect new text end 77.10 new text begin people's lives and that illustrate how that new text end 77.11 new text begin knowledge can help Minnesotans make new text end 77.12 new text begin informed decisions for the future. new text end 77.13 new text begin Subd. 8. new text end new text begin Minnesota Humanities Center new text end new text begin 3,700,000 new text end new text begin 3,700,000 new text end 77.14 new text begin These amounts are appropriated to the board new text end 77.15 new text begin of directors of the Minnesota Humanities new text end 77.16 new text begin Center for the purposes specified in this new text end 77.17 new text begin subdivision. new text end 77.18 new text begin Programs and Purposes. new text end new text begin $325,000 the first new text end 77.19 new text begin year and $325,000 the second year are for new text end 77.20 new text begin programs and purposes of the Minnesota new text end 77.21 new text begin Humanities Center. new text end 77.22 new text begin The Minnesota Humanities Center may new text end 77.23 new text begin consider museums and organizations new text end 77.24 new text begin celebrating the identities of Minnesotans for new text end 77.25 new text begin grants from these funds. The Minnesota new text end 77.26 new text begin Humanities Center may develop a written new text end 77.27 new text begin plan for the competitive issuance of these new text end 77.28 new text begin grants and, if developed, shall submit new text end 77.29 new text begin that plan for review and approval by the new text end 77.30 new text begin Department of Administration. new text end 77.31 new text begin Councils of Color. new text end new text begin $500,000 the first new text end 77.32 new text begin year and $500,000 the second year are for new text end 77.33 new text begin competitive grants to the Council on Asian new text end 77.34 new text begin Pacific Minnesotans, the Council on Black new text end 77.35 new text begin Minnesotans, the Indian Affairs Council, and new text end 78.1 new text begin the Chicano Latino Affairs Council. Grants new text end 78.2 new text begin are for programs and cooperation between new text end 78.3 new text begin the Minnesota Humanities Center and the new text end 78.4 new text begin grant recipients for community events and new text end 78.5 new text begin programs that celebrate and preserve artistic, new text end 78.6 new text begin historical, and cultural heritage. new text end 78.7 new text begin Humanities Grants. new text end new text begin $2,875,000 the first new text end 78.8 new text begin year and $2,875,000 the second year are for new text end 78.9 new text begin a competitive Arts and Cultural Heritage new text end 78.10 new text begin Grants Program-Humanities. new text end 78.11 new text begin The board of directors shall solicit proposals new text end 78.12 new text begin and award grants to entities for projects new text end 78.13 new text begin and programs that maintain or promote new text end 78.14 new text begin our cultural heritage. The board shall fund new text end 78.15 new text begin programs and projects that collectively new text end 78.16 new text begin preserve both our tangible and intangible new text end 78.17 new text begin cultural heritage as well as those that new text end 78.18 new text begin recognize museums as venues for arts and new text end 78.19 new text begin cultural experiences. new text end 78.20 new text begin Subd. 9. new text end new text begin Perpich Center For Arts Education new text end new text begin ....... new text end new text begin ....... new text end 78.21 new text begin These amounts are appropriated to the board new text end 78.22 new text begin of directors of the Perpich Center for Arts new text end 78.23 new text begin Education for arts, arts education, and arts new text end 78.24 new text begin access and to preserve Minnesota's history new text end 78.25 new text begin and cultural heritage. new text end 78.26 new text begin Notwithstanding Minnesota Statutes, section new text end 78.27 new text begin 16A.28, the appropriations encumbered on or new text end 78.28 new text begin before June 30, 2013, as grants or contracts new text end 78.29 new text begin in this subdivision are available until June new text end 78.30 new text begin 30, 2015. new text end 78.31 new text begin Subd. 10. new text end new text begin Legislature new text end new text begin 8,000 new text end new text begin 0 new text end 78.32 new text begin These amounts are appropriated to the new text end 78.33 new text begin Legislative Coordinating Commission to new text end 78.34 new text begin operate the Web site for dedicated funds new text end 79.1 new text begin required under Minnesota Statutes, section new text end 79.2 new text begin 3.303, subdivision 10. new text end 79.3    Sec. 3. new text begin [15B.32] STATE CAPITOL PRESERVATION COMMISSION. new text end 79.4     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) As used in this section, the terms defined in this new text end 79.5 new text begin subdivision have the following meanings. new text end 79.6 new text begin (b) "Commission" means the State Capitol Preservation Commission created under new text end 79.7 new text begin this section. new text end 79.8 new text begin (c) "Capitol Area" means the geographic area defined in section 15B.02. new text end 79.9 new text begin (d) "Board" means the Capitol Area Architectural and Planning Board created under new text end 79.10 new text begin section 15B.03. new text end 79.11 new text begin (e) "Predesign" has the meaning given in section 16B.335, subdivision 3, paragraph new text end 79.12 new text begin (a). new text end 79.13     new text begin Subd. 2. new text end new text begin Membership. new text end new text begin The State Capitol Preservation Commission consists of 22 new text end 79.14 new text begin members, appointed as follows: new text end 79.15 new text begin (1) the governor; new text end 79.16 new text begin (2) the lieutenant governor; new text end 79.17 new text begin (3) the attorney general; new text end 79.18 new text begin (4) the chief justice of the Supreme Court, or the chief justice's designee, who shall new text end 79.19 new text begin be a member of the Supreme Court; new text end 79.20 new text begin (5) the majority leader of the senate or the majority leader's designee, who shall be new text end 79.21 new text begin a member of the senate; new text end 79.22 new text begin (6) the speaker of the house or the speaker's designee, who shall be a member of the new text end 79.23 new text begin house of representatives; new text end 79.24 new text begin (7) two members of the senate, including one member from the majority party new text end 79.25 new text begin appointed by the majority leader and one member from the minority party appointed by new text end 79.26 new text begin the minority leader; new text end 79.27 new text begin (8) two members of the house of representatives, including one member appointed new text end 79.28 new text begin by the speaker of the house and one member from the minority party appointed by the new text end 79.29 new text begin minority leader; new text end 79.30 new text begin (9) the chair and ranking minority member of the house of representatives committee new text end 79.31 new text begin with jurisdiction over capital investment and the chair and ranking minority member of new text end 79.32 new text begin the senate committee with jurisdiction over capital investment; new text end 79.33 new text begin (10) the commissioner of administration or the commissioner's designee; new text end 79.34 new text begin (11) the commissioner of public safety or the commissioner's designee; new text end 80.1 new text begin (12) the executive director of the Minnesota Historical Society or the executive new text end 80.2 new text begin director's designee; new text end 80.3 new text begin (13) the executive secretary of the Capitol Area Architectural and Planning Board; new text end 80.4 new text begin and new text end 80.5 new text begin (14) four public members appointed by the governor. new text end 80.6     new text begin Subd. 3. new text end new text begin Terms and compensation. new text end new text begin (a) A member serving on the commission new text end 80.7 new text begin because the member or the appointing authority for the member holds an elected or new text end 80.8 new text begin appointed office shall serve on the commission as long as the member or the appointing new text end 80.9 new text begin authority holds the office. new text end 80.10 new text begin (b) Public members of the commission shall serve two-year terms. The public new text end 80.11 new text begin members may not serve for more than three consecutive terms. new text end 80.12 new text begin (c) The removal of members and filling of vacancies on the commission are as new text end 80.13 new text begin provided in section 15.059. Public members may receive compensation and expenses as new text end 80.14 new text begin provided under section 15.059, subdivision 3. new text end 80.15     new text begin Subd. 4. new text end new text begin Officers and meetings. new text end new text begin (a) The governor is the chair of the commission. new text end 80.16 new text begin The lieutenant governor is the vice-chair of the commission and may act as the chair new text end 80.17 new text begin of the commission in the absence of the governor. The governor may designate a staff new text end 80.18 new text begin member to attend commission meetings and vote on the governor's behalf in the absence new text end 80.19 new text begin of the governor. new text end 80.20 new text begin (b) The commission shall meet at least quarterly and at other times at the call of the new text end 80.21 new text begin chair. Meetings of the commission are subject to chapter 13D. new text end 80.22     new text begin Subd. 5. new text end new text begin Administrative support. new text end new text begin The commission may designate an executive new text end 80.23 new text begin secretary and obtain administrative support through a contract with a state agency or new text end 80.24 new text begin other means. new text end 80.25     new text begin Subd. 6. new text end new text begin Duties. new text end new text begin (a) The commission: new text end 80.26 new text begin (1) shall exercise ongoing coordination of the restoration, protection, risk new text end 80.27 new text begin management, and preservation of the Capitol building; new text end 80.28 new text begin (2) shall consult with and advise the commissioner of administration, the board, and new text end 80.29 new text begin the Minnesota Historical Society regarding their applicable statutory responsibilities new text end 80.30 new text begin for and in the Capitol building; new text end 80.31 new text begin (3) may assist in the selection of an architectural firm to assist in the preparation of new text end 80.32 new text begin the predesign plan for the restoration of the Capitol building; new text end 80.33 new text begin (4) shall develop a comprehensive, multiyear, predesign plan for the restoration new text end 80.34 new text begin of the Capitol building, review the plan periodically, and, as appropriate, amend and new text end 80.35 new text begin modify the plan. The predesign plan shall identify appropriate and required functions of new text end 80.36 new text begin the Capitol building; identify and address space requirements for legislative, executive, new text end 81.1 new text begin and judicial branch functions; and identify and address the long-term maintenance and new text end 81.2 new text begin preservation requirements of the Capitol building. In developing the predesign plan, new text end 81.3 new text begin the commission shall take into account the comprehensive plan for the Minnesota State new text end 81.4 new text begin Capitol Area, as amended in 2010, the rules governing zoning and design for the Capitol new text end 81.5 new text begin Area, parking, mass transit, citizen access including public access to the Capitol balcony, new text end 81.6 new text begin the tunnel system, information technology needs, energy efficiency, security, educational new text end 81.7 new text begin programs including public and school tours, and any additional space needs for the new text end 81.8 new text begin efficient operation of state government; new text end 81.9 new text begin (5) shall develop and implement a comprehensive financial plan to fund the new text end 81.10 new text begin preservation and restoration of the Capitol building; new text end 81.11 new text begin (6) shall provide annual reports about the condition of the Capitol building and its new text end 81.12 new text begin needs, as well as all activities related to the restoration of the Capitol building; new text end 81.13 new text begin (7) shall for all capital infrastructure projects taking place in close proximity to the new text end 81.14 new text begin Capitol building and prior to commencement of actual construction work: new text end 81.15 new text begin (i) review the preliminary and final design plans and construction practices of the new text end 81.16 new text begin project; new text end 81.17 new text begin (ii) identify whether the actual construction work of the project or subsequent new text end 81.18 new text begin operations resulting from the project pose: new text end 81.19 new text begin (A) risk to the structural integrity of the Capitol building; or new text end 81.20 new text begin (B) a reasonable likelihood of other adverse physical impacts to the Capitol building, new text end 81.21 new text begin including but not limited to increased costs for building maintenance and preservation; and new text end 81.22 new text begin (iii) submit a recommendation to the commissioner of administration identifying new text end 81.23 new text begin whether or not the commissioner should approve the project for commencement of new text end 81.24 new text begin construction as provided under section 16B.2405; and new text end 81.25 new text begin (8) may solicit gifts, grants, or donations of any kind from any private or public new text end 81.26 new text begin source to carry out the purposes of this section. All gifts, grants, or donations received by new text end 81.27 new text begin the commission shall be deposited in a State Capitol preservation account established in new text end 81.28 new text begin the special revenue fund. Money in the account is appropriated to the commissioner of new text end 81.29 new text begin administration for the activities of the commission and implementation of the predesign new text end 81.30 new text begin plan under this section. new text end 81.31 new text begin (b) By January 15 of each year, the commission shall report to the chairs and ranking new text end 81.32 new text begin minority members of the legislative committees with jurisdiction over the commission new text end 81.33 new text begin regarding the activities and efforts of the commission in the preceding calendar year, new text end 81.34 new text begin including recommendations adopted by the commission, the comprehensive financial plan new text end 81.35 new text begin required under paragraph (a), clause (5), and any proposed draft legislation necessary to new text end 81.36 new text begin implement the recommendations of the commission. new text end 82.1     new text begin Subd. 7. new text end new text begin Expiration. new text end new text begin Notwithstanding section 15.059, subdivision 5, the State new text end 82.2 new text begin Capitol Preservation Commission does not expire. new text end 82.3    Sec. 4. new text begin [15B.34] CAPITOL BUILDING POWERS AND DUTIES. new text end 82.4 new text begin The board shall: new text end 82.5 new text begin (1) jointly, with the commissioner of administration and the Minnesota Historical new text end 82.6 new text begin Society, establish standards and policies for the repair, furnishing, appearance, and new text end 82.7 new text begin cleanliness of and change to the public and ceremonial areas of the Capitol building; new text end 82.8 new text begin (2) review and approve plans and specifications and any changes to approved plans new text end 82.9 new text begin and specifications involving the alteration of the public and ceremonial areas and the new text end 82.10 new text begin exterior of the Capitol building; new text end 82.11 new text begin (3) jointly, with the Minnesota Historical Society, review and approve the design, new text end 82.12 new text begin structural composition, and location of all monuments, memorials, or works of art new text end 82.13 new text begin presently located in the public and ceremonial areas of the State Capitol, or that will be new text end 82.14 new text begin placed in the public or ceremonial areas, according to section 138.68; and new text end 82.15 new text begin (4) assist the State Capitol Preservation Commission with performance of its duties new text end 82.16 new text begin as needed. new text end 82.17    Sec. 5. new text begin [16B.2405] CAPITOL BUILDING POWERS AND DUTIES. new text end 82.18 new text begin The commissioner, upon receipt of funding for these purposes, shall: new text end 82.19 new text begin (1) maintain and operate the Capitol building and grounds according to section new text end 82.20 new text begin 16B.24 and other applicable law; new text end 82.21 new text begin (2) designate a project manager to oversee and manage predesign, design, and new text end 82.22 new text begin construction contracts and funding for all modifications to the Capitol building; new text end 82.23 new text begin (3) manage design and construction projects and funding for the Capitol building new text end 82.24 new text begin according to section 16B.31 and other applicable law; new text end 82.25 new text begin (4) lease space in the Capitol building, as provided in section 16B.24, to state new text end 82.26 new text begin agencies, constitutional officers, and the court administrator on behalf of the judicial new text end 82.27 new text begin branch and allocate space in the Capitol building to the legislative branch as determined new text end 82.28 new text begin by the commission; new text end 82.29 new text begin (5) provide information about the Capitol building to the commission, legislative new text end 82.30 new text begin bodies, and others as needed regarding maintenance, operation, leasing, condition new text end 82.31 new text begin assessments, design, and construction projects; new text end 82.32 new text begin (6) for each project for which a recommendation by the State Capitol Preservation new text end 82.33 new text begin Commission is submitted under section 15B.32, subdivision 6, paragraph (a), clause (7), new text end 82.34 new text begin evaluate the recommendation and, notwithstanding any other law to the contrary, either (i) new text end 83.1 new text begin approve the project where such approval is a prerequisite for commencement of actual new text end 83.2 new text begin construction work or (ii) identify specific remediation requirements necessary to approve new text end 83.3 new text begin the project upon subsequent review by the commissioner; and new text end 83.4 new text begin (7) assist the State Capitol Preservation Commission with performance of its duties new text end 83.5 new text begin as needed. new text end 83.6    Sec. 6. Minnesota Statutes 2010, section 129D.18, subdivision 3, is amended to read: 83.7    Subd. 3. Conditions. (a) A public station receiving funds appropriated under this 83.8section must: 83.9(1) make programs produced with these funds available for broadcast to all other 83.10public stations eligible to receive grants under this section; 83.11(2) offer free public performance rights for new text begin classroom use of programs produced new text end 83.12 new text begin with these funds to new text end public educational institutions new text begin , excluding those materials for which new text end 83.13 new text begin public television stations do not have rights to distribute new text end ; 83.14(3) archive programs produced with these funds and make the programs available 83.15for future use through encore broadcast or other distribution, including online; and 83.16(4) ensure that underwriting credit is given to the Minnesota arts and cultural 83.17heritage fund. 83.18(b) Programs produced in partnership with other mission-centered nonprofit 83.19organizations may be used by the partnering organization for their own educational or 83.20promotional purposes. 83.21    Sec. 7. Minnesota Statutes 2010, section 129D.18, subdivision 4, is amended to read: 83.22    Subd. 4. Reporting. A public station receiving funds appropriated under this section 83.23must report annually by January 15 to the commissioner new text begin , the Legislative Coordinating new text end 83.24 new text begin Commission, new text end and the chairs and ranking minority members of the senate and house 83.25of representatives committees and divisions having jurisdiction over arts and cultural 83.26heritage policy and finance regarding how the previous year's grant funds were expended. 83.27This new text begin In addition to all information required of each recipient of money from the arts and new text end 83.28 new text begin cultural heritage fund under section 3.303, subdivision 10, the new text end report must contain specific 83.29information for each program produced and broadcast, including the cost of production, 83.30the number of stations broadcasting the program, estimated viewership, the number of 83.31 new text begin hours of legacy program content available for streaming on new text end Web site downloads new text begin sites new text end , 83.32and other related measures. If the programs produced include educational material, the 83.33public station must report on these efforts. 84.1    Sec. 8. Minnesota Statutes 2010, section 129D.19, subdivision 5, is amended to read: 84.2    Subd. 5. Reporting. A noncommercial radio station receiving funds appropriated 84.3under this section must report annually by January 15 to the commissioner new text begin , the Legislative new text end 84.4 new text begin Coordinating Commission, new text end and the chairs and ranking minority members of the senate 84.5and house of representatives committees and divisions having jurisdiction over arts and 84.6cultural heritage policy and finance regarding how the previous year's grant funds were 84.7expended. This new text begin In addition to all information required of each recipient of money from new text end 84.8 new text begin the arts and cultural heritage fund under section 3.303, subdivision 10, the new text end report must 84.9contain specific information for each program produced and broadcast, including the 84.10cost of production, the number of stations broadcasting the program, estimated number 84.11of listeners, and other related measures. If the programs produced include educational 84.12material, the noncommercial radio station must report on these efforts. 84.13    Sec. 9. new text begin [138.70] CAPITOL BUILDING POWERS AND DUTIES. new text end 84.14 new text begin The Minnesota Historical Society shall: new text end 84.15 new text begin (1) assist and advise in research and preservation of historical features of the Capitol new text end 84.16 new text begin building, appropriate custodial policies, and maintaining and repairing works of art new text end 84.17 new text begin according to section 138.69; new text end 84.18 new text begin (2) jointly, with the Capitol Area Architectural and Planning Board, review and new text end 84.19 new text begin approve the design, structural composition, and location of all monuments, memorials, or new text end 84.20 new text begin works of art presently located in the public and ceremonial areas of the Capitol building, new text end 84.21 new text begin or proposed for placement in the public or ceremonial areas, according to section 138.68; new text end 84.22 new text begin (3) assist with planning and design of restoration and renovations of the Capitol new text end 84.23 new text begin building in order to provide public access and education through public interpretive new text end 84.24 new text begin programs according to the society's statutory responsibilities under section 138.69; and new text end 84.25 new text begin (4) assist the State Capitol Preservation Commission with performance of its duties new text end 84.26 new text begin as needed. new text end 84.27    Sec. 10. Laws 2009, chapter 172, article 4, section 9, subdivision 5, is amended to read: 84.28    Subd. 5. Report. The working group must report its findings and recommendations, 84.29including draft legislation, if necessary, to the Indian Affairs Council and the chairs and 84.30ranking minority members of the legislative committees and divisions with jurisdiction 84.31over early childhood through grade 12 education and new text begin , new text end higher education new text begin , and arts and new text end 84.32 new text begin cultural heritage policy or finance new text end by February 15, 2011 new text begin , and again by February 15, 2012 new text end . 84.33The committee new text begin working group new text end expires on February 16, 2011 new text begin 2013 new text end . 85.1    Sec. 11. new text begin STATE CAPITOL PRESERVATION COMMISSION APPOINTMENTS new text end 85.2 new text begin AND FIRST MEETING. new text end 85.3 new text begin The appointing authorities designated in Minnesota Statutes, section 15B.32, new text end 85.4 new text begin subdivision 2, must complete their initial appointments to the commission no later than new text end 85.5 new text begin August 1, 2011. The governor, or the governor's designee, shall convene the first meeting new text end 85.6 new text begin of the commission within 30 days after the appointments required under this section new text end 85.7 new text begin have been completed. new text end 85.8ARTICLE 5 85.9GENERAL PROVISIONS; ALL LEGACY FUNDS 85.10    Section 1. Minnesota Statutes 2010, section 3.303, subdivision 10, is amended to read: 85.11    Subd. 10. Constitutionally dedicated funding accountability. (a) The Legislative 85.12Coordinating Commission shall develop and maintain a user-friendly, public-oriented 85.13Web site that informs, educates, and demonstrates to the public how the constitutionally 85.14dedicated funds in the arts and cultural heritage fund, outdoor heritage fund, clean water 85.15fund, parks and trails fund, and environment and natural resources trust fund are being 85.16expended to meet the requirements established for each fund in the state constitution. 85.17Information provided on the Web site must include, but is not limited to: 85.18(1) information on all project proposals received by the Outdoor Heritage Council 85.19and the Legislative-Citizen Commission on Minnesota Resources; 85.20(2) information on all projects receiving funding, including new text begin : new text end 85.21 new text begin (i) the name of the project and a project description; new text end 85.22 new text begin (ii) the name, telephone number, members of the board or equivalent governing new text end 85.23 new text begin body, and e-mail address of the funding recipient and, when applicable, the Web site new text end 85.24 new text begin address where the public can directly access detailed information on the recipient's receipt new text end 85.25 new text begin and use of money for the project; new text end 85.26 new text begin (iii) the amount and source of funding, including the fiscal year of the appropriation; new text end 85.27 new text begin (iv) the amount and source of any additional funding or leverage; new text end 85.28 new text begin (v) the duration of the project; new text end 85.29 new text begin (vi) the number of full-time equivalents funded under the project. For the purposes new text end 85.30 new text begin of this item, "full-time equivalent" means a position directly attributed to the receipt of new text end 85.31 new text begin money from one or more of the funds covered under this section, calculated as the total new text end 85.32 new text begin number of hours planned for the position divided by 2,088; new text end 85.33 new text begin (vii) the direct expenses and administration costs of the project; new text end 85.34 new text begin (viii) new text end proposed measurable outcomes and the plan for measuring and evaluating 85.35the results; 86.1 new text begin (ix) for pass-through, noncompetitive grants, the entity acting as the fiscal agent or new text end 86.2 new text begin administering agency and a point of contact for additional information; and new text end 86.3     new text begin (x) for competitive grants, the name and a brief description of the qualifications of new text end 86.4 new text begin all board members or members of an equivalent governing body ultimately responsible new text end 86.5 new text begin for awarding the grants, as well as any grantmaking advisory group. In addition, an new text end 86.6 new text begin entity that awards competitive grants, including but not limited to a state agency or any new text end 86.7 new text begin statewide, regional, or local organization, must report whether an employee, decision new text end 86.8 new text begin maker, advisory group member, or other person involved in the grant process disclosed new text end 86.9 new text begin a conflict of interest or potential conflict of interest. If the entity reports that a conflict new text end 86.10 new text begin of interest or potential conflict of interest was disclosed, the entity must provide the new text end 86.11 new text begin Legislative Coordinating Commission with a contact person for additional information and new text end 86.12 new text begin the Legislative Coordinating Commission must post this information on the Web site. An new text end 86.13 new text begin entity that awards competitive grants must obtain and apply the conflict of interest policies new text end 86.14 new text begin developed by the commissioner of administration under section 16B.98, subdivision 3, new text end 86.15 new text begin unless the entity maintains and applies its own documented conflict of interest policies new text end 86.16 new text begin which are substantially similar to the commissioner of administration's policies; new text end 86.17(3) new text begin actual new text end measured outcomes and evaluation of projects as required under sections 86.1885.53 , subdivision 2; 114D.50, subdivision 2 new text begin 4 new text end ; and 129D.17, subdivision 2; 86.19(4) education about the areas and issues the projects address, including, when 86.20feasible, maps of where projects have been undertaken; 86.21(5) all frameworks developed for future uses of each fund; and 86.22(6) methods by which members of the public may apply for project funds under 86.23any of the constitutionally dedicated funds. 86.24(b) new text begin As soon as practicable or by the deadline specified in the enabling law, new text end 86.25 new text begin whichever comes first, a state agency or other recipient of a direct appropriation from a new text end 86.26 new text begin fund covered under this section shall submit the information required under paragraph (a) new text end 86.27 new text begin and, when applicable, compile and submit the same information for any grant recipient new text end 86.28 new text begin or other subrecipient of funding. new text end All information for proposed and funded projects, 86.29including the proposed measurable outcomes, must be made available on the Web site 86.30as soon as practicable. Information on the measured outcomes and evaluation must be 86.31posted as soon as it becomes available. The costs of these activities shall be paid out of 86.32the arts and cultural heritage fund, outdoor heritage fund, clean water fund, parks and 86.33trails fund, and the environment and natural resources trust fund proportionately. For 86.34purposes of this section, "measurable outcomes" means outcomes, indicators, or other 86.35performance measures that may be quantified or otherwise measured in order to measure 86.36the effectiveness of a project or program in meeting its intended goal or purpose. 87.1(c) The Legislative Coordinating Commission shall be responsible for receiving all 87.2ten-year plans and 25-year frameworks for each of the constitutionally dedicated funds. To 87.3the extent practicable, staff for the commission shall provide assistance and oversight to 87.4these planning efforts and shall coordinate public access to hearings and public meetings 87.5for all planning efforts. 87.6    Sec. 2. Minnesota Statutes 2010, section 85.53, subdivision 2, is amended to read: 87.7    Subd. 2. Expenditures; accountability. (a) A project or program receiving funding 87.8from the parks and trails fund must meet or exceed the constitutional requirement to 87.9support parks and trails of regional or statewide significance. A project or program 87.10receiving funding from the parks and trails fund must include measurable outcomes, as 87.11defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the 87.12results. A project or program must be consistent with current science and incorporate 87.13state-of-the-art technology, except when the project or program is a portrayal or restoration 87.14of historical significance. 87.15(b) Money from the parks and trails fund shall be expended to balance the benefits 87.16across all regions and residents of the state. 87.17(c) All new text begin A state agency or other recipient of a direct appropriation from the parks and new text end 87.18 new text begin trails fund must compile and submit all new text end information for funded projects new text begin or programs new text end , 87.19including the proposed measurable outcomes new text begin and all other items required under section new text end 87.20 new text begin 3.303, subdivision 10 new text end , must be made available on new text begin to new text end the new text begin Legislative Coordinating new text end 87.21 new text begin Commission as soon as practicable or by the deadline specified in the enabling law, new text end 87.22 new text begin whichever comes first. The Legislative Coordinating Commission must post submitted new text end 87.23 new text begin information on the new text end Web site required under section 3.303, subdivision 10, as soon as 87.24practicable. Information on the measured outcomes and evaluation must be posted as soon 87.25as it becomes available. 87.26(d) Grants funded by the parks and trails fund must be implemented according to 87.27section 16B.98 and must account for all expenditures. Proposals must specify a process 87.28for any regranting envisioned. Priority for grant proposals must be given to proposals 87.29involving grants that will be competitively awarded. 87.30(e) Money from the parks and trails fund may only be spent on projects located 87.31in Minnesota. 87.32     new text begin (f) A state agency or other recipient of money from the parks and trails fund shall new text end 87.33 new text begin prominently display on the state agency's or other recipient's Web site home page, when new text end 87.34 new text begin applicable, the legacy logo required under Laws 2009, chapter 172, article 5, section new text end 87.35 new text begin 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the new text end 88.1 new text begin phrase "Click here for more information." When a person clicks on the legacy logo image, new text end 88.2 new text begin the Web site must direct the person to a dedicated legacy page on the state agency's or new text end 88.3 new text begin other recipient's Web site. The dedicated legacy page must prominently display both the new text end 88.4 new text begin contact information for the state agency or other recipient that a person may use to obtain new text end 88.5 new text begin additional information, as well as a link to the Legislative Coordinating Commission Web new text end 88.6 new text begin site required under section 3.303, subdivision 10. new text end 88.7 new text begin (g) Future eligibility for money from the parks and trails fund is contingent upon a new text end 88.8 new text begin state agency or other recipient satisfying all applicable requirements in this section, as new text end 88.9 new text begin well as any additional requirements contained in applicable session law. new text end 88.10    Sec. 3. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 88.11to read: 88.12     new text begin Subd. 12. new text end new text begin Recipient requirements. new text end new text begin (a) A state agency or other recipient of a direct new text end 88.13 new text begin appropriation from the outdoor heritage fund must compile and submit all information new text end 88.14 new text begin for funded projects or programs, including the proposed measurable outcomes and all new text end 88.15 new text begin other items required under section 3.303, subdivision 10, to the Legislative Coordinating new text end 88.16 new text begin Commission as soon as practicable or by the deadline specified in the enabling law, new text end 88.17 new text begin whichever comes first. The Legislative Coordinating Commission must post submitted new text end 88.18 new text begin information on the Web site required under section 3.303, subdivision 10, as soon as it new text end 88.19 new text begin becomes available. new text end 88.20     new text begin (b) A state agency or other recipient of money from the outdoor heritage fund shall new text end 88.21 new text begin prominently display on the state agency's or other recipient's Web site home page, when new text end 88.22 new text begin applicable, the legacy logo required under Laws 2009, chapter 172, article 5, section new text end 88.23 new text begin 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the new text end 88.24 new text begin phrase "Click here for more information." When a person clicks on the legacy logo image, new text end 88.25 new text begin the Web site must direct the person to a dedicated legacy page on the state agency's or new text end 88.26 new text begin other recipient's Web site. The dedicated legacy page must prominently display both the new text end 88.27 new text begin contact information for the state agency or other recipient that a person may use to obtain new text end 88.28 new text begin additional information, as well as a link to the Legislative Coordinating Commission Web new text end 88.29 new text begin site required under section 3.303, subdivision 10. new text end 88.30 new text begin (c) Future eligibility for money from the outdoor heritage fund is contingent upon a new text end 88.31 new text begin state agency or other recipient satisfying all applicable requirements in this section, as new text end 88.32 new text begin well as any additional requirements contained in applicable session law. new text end 88.33    Sec. 4. Minnesota Statutes 2010, section 114D.50, subdivision 4, is amended to read: 89.1    Subd. 4. Expenditures; accountability. (a) A project receiving funding from the 89.2clean water fund must meet or exceed the constitutional requirements to protect, enhance, 89.3and restore water quality in lakes, rivers, and streams and to protect groundwater and 89.4drinking water from degradation. Priority may be given to projects that meet more than 89.5one of these requirements. A project receiving funding from the clean water fund shall 89.6include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for 89.7measuring and evaluating the results. A project must be consistent with current science 89.8and incorporate state-of-the-art technology. 89.9(b) Money from the clean water fund shall be expended to balance the benefits 89.10across all regions and residents of the state. 89.11(c) All new text begin A state agency or other recipient of a direct appropriation from the clean new text end 89.12 new text begin water fund must compile and submit all new text end information for proposed and funded projects new text begin new text end 89.13 new text begin or programs new text end , including the proposed measurable outcomes, must be made available on 89.14the Web site new text begin and all other items new text end required under section 3.303, subdivision 10, new text begin to the new text end 89.15 new text begin Legislative Coordinating Commission new text end as soon as practicable new text begin or by the deadline specified new text end 89.16 new text begin in the enabling law, whichever comes first new text end . Information on the measured outcomes and 89.17evaluation must be posted new text begin The Legislative Coordinating Commission must post submitted new text end 89.18 new text begin information on the Web site required under section 3.303, subdivision 10, new text end as new text begin soon as new text end it 89.19becomes available. Information classified as not public under section 13D.05, subdivision 89.203 , paragraph (d), is not required to be placed on the Web site. 89.21(d) Grants funded by the clean water fund must be implemented according to section 89.2216B.98 and must account for all expenditures. Proposals must specify a process for any 89.23regranting envisioned. Priority for grant proposals must be given to proposals involving 89.24grants that will be competitively awarded. 89.25(e) Money from the clean water fund may only be spent on projects that benefit 89.26Minnesota waters. 89.27     new text begin (f) A state agency or other recipient of money from the clean water fund shall new text end 89.28 new text begin prominently display on the state agency's or other recipient's Web site home page, when new text end 89.29 new text begin applicable, the legacy logo required under Laws 2009, chapter 172, article 5, section new text end 89.30 new text begin 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the new text end 89.31 new text begin phrase "Click here for more information." When a person clicks on the legacy logo image, new text end 89.32 new text begin the Web site must direct the person to a dedicated legacy page on the state agency's or new text end 89.33 new text begin other recipient's Web site. The dedicated legacy page must prominently display both the new text end 89.34 new text begin contact information for the state agency or other recipient that a person may use to obtain new text end 89.35 new text begin additional information, as well as a link to the Legislative Coordinating Commission Web new text end 89.36 new text begin site required under section 3.303, subdivision 10. new text end 90.1 new text begin (g) Future eligibility for money from the clean water fund is contingent upon a state new text end 90.2 new text begin agency or other recipient satisfying all applicable requirements in this section, as well as new text end 90.3 new text begin any additional requirements contained in applicable session law. new text end 90.4    Sec. 5. Minnesota Statutes 2010, section 129D.17, subdivision 2, is amended to read: 90.5    Subd. 2. Expenditures; accountability. (a) Funding from the arts and cultural 90.6heritage fund may be spent only for arts, arts education, and arts access, and to preserve 90.7Minnesota's history and cultural heritage. A project or program receiving funding from 90.8the arts and cultural heritage fund must include measurable outcomes, and a plan for 90.9measuring and evaluating the results. A project or program must be consistent with current 90.10scholarship, or best practices, when appropriate and new text begin must new text end incorporate state-of-the-art 90.11technology when appropriate. 90.12(b) Funding from the arts and cultural heritage fund may be granted for an entire 90.13project or for part of a project so long as the recipient provides a description and cost for 90.14the entire project and can demonstrate that it has adequate resources to ensure that the 90.15entire project will be completed. 90.16(c) Money from the arts and cultural heritage fund shall be expended for benefits 90.17across all regions and residents of the state. 90.18(d) All new text begin A state agency or other recipient of a direct appropriation from the arts and new text end 90.19 new text begin cultural heritage fund must compile and submit all new text end information for funded projects new text begin or new text end 90.20 new text begin programs new text end , including the proposed measurable outcomes new text begin and all other items required under new text end 90.21 new text begin section 3.303, subdivision 10 new text end , must be made available on new text begin to new text end the Legislative Coordinating 90.22Commission Web site, as soon as practicable new text begin or by the deadline specified in the enabling new text end 90.23 new text begin law, whichever comes first new text end . Information on the measured outcomes and evaluation must 90.24be posted new text begin The Legislative Coordinating Commission must post submitted information on new text end 90.25 new text begin the Web site required under section 3.303, subdivision 10, new text end as soon as it becomes available. 90.26(e) Grants funded by the arts and cultural heritage fund must be implemented 90.27according to section 16B.98 and must account for all expenditures of funds. Priority for 90.28grant proposals must be given to proposals involving grants that will be competitively 90.29awarded. 90.30(f) All money from the arts and cultural heritage fund must be for projects located 90.31in Minnesota. 90.32     new text begin (g) A state agency or other recipient of money from the arts and cultural heritage new text end 90.33 new text begin fund shall prominently display on the state agency's or other recipient's Web site home new text end 90.34 new text begin page, when applicable, the legacy logo required under Laws 2009, chapter 172, article 5, new text end 90.35 new text begin section 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by new text end 91.1 new text begin the phrase "Click here for more information." When a person clicks on the legacy logo new text end 91.2 new text begin image, the Web site must direct the person to a dedicated legacy page on the state agency's new text end 91.3 new text begin or other recipient's Web site. The dedicated legacy page must prominently display both the new text end 91.4 new text begin contact information for the state agency or other recipient that a person may use to obtain new text end 91.5 new text begin additional information, as well as a link to the Legislative Coordinating Commission Web new text end 91.6 new text begin site required under section 3.303, subdivision 10. new text end 91.7 new text begin (h) Future eligibility for money from the arts and cultural heritage fund is contingent new text end 91.8 new text begin upon a state agency or other recipient satisfying all applicable requirements in this section, new text end 91.9 new text begin as well as any additional requirements contained in applicable session law. new text end 91.10    Sec. 6. new text begin APPLICABILITY. new text end 91.11 new text begin Sections 7 to 10 apply to any appropriation for fiscal year 2012 or 2013 from a legacy new text end 91.12 new text begin fund. For the purposes of sections 7 to 10, "legacy fund" means the outdoor heritage fund, new text end 91.13 new text begin the clean water fund, the parks and trails fund, or the arts and cultural heritage fund new text end 91.14    Sec. 7. new text begin GENERAL PROVISIONS. new text end 91.15     new text begin Subdivision. 1. new text end new text begin Grants. new text end new text begin Grants funded by a legacy fund must be implemented new text end 91.16 new text begin according to Minnesota Statutes, section 16B.98, and the responsible entity must account new text end 91.17 new text begin for all expenditures of funds. new text end 91.18     new text begin Subd. 2. new text end new text begin Constitution. new text end new text begin A recipient of money from a legacy fund must comply with new text end 91.19 new text begin the Minnesota Constitution, article XI, section 15, and may not substitute money received new text end 91.20 new text begin from a legacy fund for a traditional source of funding. new text end 91.21     new text begin Subd. 3. new text end new text begin Trusts and similar instruments. new text end new text begin A recipient of money from a legacy fund new text end 91.22 new text begin must not use the money to fund a trust, endowment, or similar instrument unless: new text end 91.23 new text begin (1) the entity reports no later than February 1 each year to the commissioner of new text end 91.24 new text begin management and budget and the legislative committees with jurisdiction over legacy new text end 91.25 new text begin funds regarding the recipient's use and fiduciary stewardship of legacy funds during the new text end 91.26 new text begin period; and new text end 91.27 new text begin (2) the entity submits to regular audits of the trust, endowment, or similar instrument new text end 91.28 new text begin by the Office of the Legislative Auditor. new text end 91.29    Sec. 8. new text begin LEGACY FUNDS RECIPIENT REPORT. new text end 91.30 new text begin (a) A state agency or other recipient of a direct appropriation from a legacy fund new text end 91.31 new text begin shall submit a report to the Legislative Reference Library as provided under Minnesota new text end 91.32 new text begin Statutes, section 3.195, and to the Legislative Coordinating Commission that contains all new text end 91.33 new text begin of the information required under Minnesota Statutes, section 3.303, subdivision 10. new text end 92.1 new text begin (b) A state agency or other recipient of a direct appropriation from a legacy fund new text end 92.2 new text begin must submit a report containing all available and required information by January 15, new text end 92.3 new text begin 2012, for appropriations in fiscal year 2012, and January 15, 2013, for appropriations in new text end 92.4 new text begin fiscal year 2013. If the nature of a funded project is such that all required information is new text end 92.5 new text begin not yet available by the applicable reporting deadline, a state agency or other recipient of a new text end 92.6 new text begin direct appropriation must submit any additional information required under Minnesota new text end 92.7 new text begin Statutes, section 3.303, subdivision 10, as soon as practicable. new text end 92.8    Sec. 9. new text begin IN THE EVENT OF A LAWSUIT. new text end 92.9 new text begin (a) An appropriation or portion of an appropriation from a legacy fund is canceled to new text end 92.10 new text begin the extent that a court determines that the appropriation unconstitutionally substitutes for new text end 92.11 new text begin a traditional source of funding. new text end 92.12 new text begin (b) Any grant contract or similar agreement that awards money from a legacy fund new text end 92.13 new text begin must contain the information in paragraph (a). new text end 92.14    Sec. 10. new text begin LEGACY ACCOUNTING; TECHNICAL ASSISTANCE. new text end 92.15 new text begin No later than January 1, 2012, the commissioner of management and budget shall new text end 92.16 new text begin finalize guidance and best practices to assist state agencies in uniformly accounting for new text end 92.17 new text begin their expenditure of legacy funds. The commissioner shall make this information available new text end 92.18 new text begin to all state agencies identified in this act. new text end 92.19    Sec. 11. new text begin LAND PURCHASES OUTSIDE SEVEN-COUNTY METROPOLITAN new text end 92.20 new text begin AREA; MORATORIUM. new text end 92.21 new text begin Notwithstanding any law to the contrary, for a period of one year from the effective new text end 92.22 new text begin date of this section, the Lessard-Sams Outdoor Heritage Council may not recommend new text end 92.23 new text begin the purchase of any land outside the seven-county metropolitan area, except they may new text end 92.24 new text begin purchase school trust lands to enhance the value of the trust. new text end