1.1A bill for an act1.2relating 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 11.20OUTDOOR HERITAGE FUND

1.21Section 1. OUTDOOR HERITAGE APPROPRIATION.

1.22The sums shown in the columns marked "Appropriations" are appropriated to the 1.23agencies and for the purposes specified in this article. The appropriations are from the 1.24outdoor heritage fund and are available for the fiscal years indicated for each purpose. The 1.25figures "2012" and "2013" used in this article mean that the appropriations listed under 1.26them are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. 1.27"The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" 1.28is fiscal years 2012 and 2013. The appropriations in this article are onetime.

2.1APPROPRIATIONS2.2Available for the Year2.3Ending June 302.420122013

2.5Sec. 2. OUTDOOR HERITAGE

2.6Subdivision 1.Total Appropriation$ 92,126,000$471,000

2.7This appropriation is from the outdoor 2.8heritage fund. The amounts that may be 2.9spent for each purpose are specified in the 2.10following subdivisions.

2.11Subd. 2.Prairies and Grasslands35,324,000-0-

2.12(a) Wildlife Management Area, Scientific 2.13and Natural Areas, and Prairie Bank 2.14Easement Acquisition - Phase III2.15$4,690,000 the first year is to the 2.16commissioner of natural resources to:2.17(1) acquire land in fee for wildlife 2.18management area purposes under Minnesota 2.19Statutes, sections 86A.05, subdivision 8, and 2.2097A.145;2.21(2) acquire land in fee for scientific and 2.22natural area purposes under Minnesota 2.23Statutes, sections 84.033 and 86A.05, 2.24subdivision 5; and2.25(3) acquire native prairie bank easements 2.26under Minnesota Statutes, section 84.96.2.27Of this amount, $759,000 is for transfer 2.28to the outdoor heritage land management 2.29account in the special revenue fund for the 2.30purposes specified in Minnesota Statutes, 2.31section 97A.056, subdivision 1a.2.32A list of proposed land or permanent 2.33conservation easement acquisitions must 3.1be provided as part of the required 3.2accomplishment plan. The accomplishment 3.3plan must include an easement monitoring 3.4and enforcement plan. Money appropriated 3.5from the outdoor heritage fund for easement 3.6acquisition may be used to establish a 3.7monitoring and enforcement fund as 3.8approved in the accomplishment plan, 3.9and subject to subdivision 15. An annual 3.10financial report is required for any monitoring 3.11and enforcement fund established, including 3.12expenditures from the fund.3.13(b) Accelerated Prairie Restoration and 3.14Enhancement on DNR Lands - Phase III3.15$1,652,000 the first year is to the 3.16commissioner of natural resources to 3.17accelerate the restoration and enhancement 3.18on wildlife management areas, scientific and 3.19natural areas, and land under native prairie 3.20bank easements.3.21(c) Minnesota Buffers for Wildlife and 3.22Water3.23$2,249,000 the first year is to the Board of 3.24Water and Soil Resources in cooperation 3.25with Pheasants Forever to acquire permanent 3.26conservation easements to enhance habitat 3.27by expanding riparian wildlife buffers on 3.28private land. A list of proposed easement 3.29acquisitions must be provided as part of 3.30the required accomplishment plan. The 3.31accomplishment plan must include an 3.32easement monitoring and enforcement 3.33plan. Money appropriated from the outdoor 3.34heritage fund for easement acquisition 3.35may be used to establish a monitoring 4.1and enforcement fund as approved in 4.2the accomplishment plan and subject to 4.3subdivision 15. An annual financial report is 4.4required for any monitoring and enforcement 4.5fund established, including expenditures 4.6from the fund.4.7(d) Northern Tallgrass Prairie National 4.8Wildlife Refuge Land Acquisition - Phase 4.9III4.10$1,720,000 the first year is to the 4.11commissioner of natural resources for an 4.12agreement with The Nature Conservancy 4.13to acquire land or permanent easements 4.14within the Northern Tallgrass Prairie Habitat 4.15Preservation Area in western Minnesota for 4.16addition to the Northern Tallgrass Prairie 4.17National Wildlife Refuge. A list of proposed 4.18land acquisitions must be provided as part 4.19of the required accomplishment plan. The 4.20accomplishment plan must include an 4.21easement monitoring and enforcement plan.4.22(e) Minnesota Prairie Recovery Project - 4.23Phase II4.24$4,500,000 the first year is to the 4.25commissioner of natural resources for an 4.26agreement with The Nature Conservancy to 4.27acquire native prairie and savanna and restore 4.28and enhance grasslands and savanna. A list of 4.29proposed land acquisitions must be provided 4.30as part of the required accomplishment plan. 4.31Acquisitions, restorations, and enhancements 4.32must be within the two existing and two 4.33additional pilot focus areas contained in 4.34the accomplishment plan. Annual income 4.35statements and balance sheets for income 5.1and expenses from land acquired with 5.2appropriations from the outdoor heritage 5.3fund must be submitted to the Lessard-Sams 5.4Outdoor Heritage Council.5.5(f) Cannon River Headwaters Habitat 5.6Complex - Phase I5.7$1,877,000 the first year is to the 5.8commissioner of natural resources for an 5.9agreement with The Trust for Public Land 5.10to acquire and restore lands in the Cannon 5.11River watershed for wildlife management 5.12area purposes under Minnesota Statutes, 5.13section 86A.05, subdivision 8, or aquatic 5.14management areas under Minnesota Statutes, 5.15sections 86A.05, subdivision 14, and 97C.02. 5.16Of this amount, $344,000 is for transfer 5.17to the outdoor heritage land management 5.18account in the special revenue fund for the 5.19purposes specified in Minnesota Statutes, 5.20section 97A.056, subdivision 1a. A list of 5.21proposed land acquisitions must be provided 5.22as part of the required accomplishment plan.5.23(g) Accelerating the Wildlife Management 5.24Area Program - Phase III5.25$6,691,000 the first year is to the 5.26commissioner of natural resources for an 5.27agreement with Pheasants Forever to acquire 5.28prairie and other habitat areas for wildlife 5.29management area purposes under Minnesota 5.30Statutes, section 86A.05, subdivision 8. Of 5.31this amount, $1,191,000 is for transfer to the 5.32outdoor heritage land management account 5.33in the special revenue fund for the purposes 5.34specified in Minnesota Statutes, section 5.3597A.056, subdivision 1a. A list of proposed 6.1land acquisitions must be provided as part of 6.2the required accomplishment plan.6.3(h) Accelerating the Waterfowl Production 6.4Area Program - Phase III6.5$9,815,000 the first year is to the 6.6commissioner of natural resources for 6.7an agreement with Pheasants Forever to 6.8accelerate the acquisition of wetlands and 6.9grasslands to be added to the waterfowl 6.10production area system in Minnesota in 6.11cooperation with the United States Fish and 6.12Wildlife Service. A list of proposed land 6.13acquisitions must be provided as part of the 6.14required accomplishment plan.6.15(i) The Green Corridor Legacy Program - 6.16Phase III6.17$2,130,000 the first year is to the 6.18commissioner of natural resources for 6.19an agreement with the Redwood Area 6.20Development Corporation to acquire land 6.21for wildlife management area purposes 6.22under Minnesota Statutes, section 86A.05, 6.23subdivision 8, or aquatic management 6.24areas under Minnesota Statutes, sections 6.2586A.05, subdivision 14, and 97C.02. Of 6.26this amount, $359,000 is for transfer to the 6.27outdoor heritage land management account 6.28in the special revenue fund for the purposes 6.29specified in Minnesota Statutes, section 6.3097A.056, subdivision 1a. A list of proposed 6.31land acquisitions must be provided as part of 6.32the required accomplishment plan.6.33(j) Native Prairie Report6.34By January 15, 2012, the Lessard-Sams 6.35Outdoor Heritage Council shall submit a 7.1report to the chairs and ranking minority 7.2members of the house of representatives 7.3and senate committees and divisions with 7.4jurisdiction over the outdoor heritage fund 7.5and environment and natural resources 7.6finance and policy that details the amount 7.7of native prairie protected, enhanced, 7.8and restored with outdoor heritage fund 7.9appropriations for fiscal years 2010, 2011, 7.10and 2012. The report must include:7.11(1) the total number of acres of native prairie 7.12that have been protected; and7.13(2) the total number of acres of native prairie 7.14that have been restored.

7.15Subd. 3.Forests16,039,000-0-

7.16(a) Minnesota Forests for the Future - 7.17Phase III7.18$5,409,000 the first year is to the 7.19commissioner of natural resources to 7.20acquire forest and wetland habitat through 7.21working forest easements and fee acquisition 7.22under the Minnesota forests for the future 7.23program pursuant to Minnesota Statutes, 7.24section 84.66. A conservation easement 7.25acquired with money appropriated under this 7.26paragraph must comply with subdivision 7.2713. A list of proposed land acquisitions 7.28must be provided as part of the required 7.29accomplishment plan. The accomplishment 7.30plan must include an easement monitoring 7.31and enforcement plan. Money appropriated 7.32from the outdoor heritage fund for easement 7.33acquisition may be used to establish a 7.34monitoring and enforcement fund as 7.35approved in the accomplishment plan 8.1and subject to subdivision 15. An annual 8.2financial report is required for any monitoring 8.3and enforcement fund established, including 8.4expenditures from the fund. 8.5(b) LaSalle Lake: Protecting Critical 8.6Mississippi Headwaters Habitat8.7$5,709,000 the first year is to the 8.8commissioner of natural resources for an 8.9agreement with The Trust for Public Land 8.10to acquire land adjacent to LaSalle Lake in 8.11Hubbard County. Of this amount, $1,077,000 8.12is for transfer to the outdoor heritage land 8.13management account in the special revenue 8.14fund for the purposes specified in Minnesota 8.15Statutes, section 97A.056, subdivision 8.161a. A list of proposed land acquisitions 8.17must be provided as part of the required 8.18accomplishment plan. If the acquisition 8.19is not completed by July 15, 2012, or if a 8.20balance remains after acquisition of land, the 8.21money under this paragraph is available for 8.22acquisition under subdivision 2, paragraph 8.23(a).8.24(c) Accelerated Forest Habitat 8.25Enhancement - Phase II8.26$826,000 the first year is to the commissioner 8.27of natural resources to restore and enhance 8.28lands in state forests, pursuant to Minnesota 8.29Statutes, section 89.021.8.30(d) Northeastern Minnesota Sharp-Tailed 8.31Grouse Habitat Partnership - Phase II8.32$1,199,000 the first year is to the 8.33commissioner of natural resources for 8.34an agreement with Pheasants Forever in 8.35cooperation with the Minnesota Sharp-Tailed 9.1Grouse Society to acquire and enhance 9.2lands for wildlife management area purposes 9.3under Minnesota Statutes, section 86A.05, 9.4subdivision 8.  Of this amount, $211,000 9.5is for transfer to the outdoor heritage land 9.6management account in the special revenue 9.7fund for the purposes specified in Minnesota 9.8Statutes, section 97A.056, subdivision 9.91a. A list of proposed land acquisitions 9.10must be provided as part of the required 9.11accomplishment plan.9.12(e) Lower Mississippi River Habitat 9.13Partnership - Phase II9.14$863,000 the first year is to the commissioner 9.15of natural resources to acquire and enhance 9.16habitat in the lower Root River and 9.17lower Zumbro River watersheds, pursuant 9.18to Minnesota Statutes, section 86A.05, 9.19subdivisions 7 and 8. Of this amount, 9.20$156,000 is for transfer to the outdoor 9.21heritage land management account in the 9.22special revenue fund for the purposes 9.23specified in Minnesota Statutes, section 9.2497A.056, subdivision 1a. A list of proposed 9.25land acquisitions must be provided as part of 9.26the required accomplishment plan.9.27(f) Protect Key Forest Habitat Lands in 9.28Cass County - Phase II9.29$604,000 the first year is to the commissioner 9.30of natural resources for an agreement with 9.31Cass County to acquire land in fee for forest 9.32wildlife habitat. A list of proposed land 9.33acquisitions must be provided as part of the 9.34required accomplishment plan.9.35(g) State Forest Acquisition10.1$1,429,000 the first year is to the 10.2commissioner of natural resources to acquire 10.3land in fee and permanent management 10.4access easements for state forests under 10.5Minnesota Statutes, section 86A.05, 10.6subdivision 7. Of this amount, $224,000 10.7is for transfer to the outdoor heritage land 10.8management account in the special revenue 10.9fund for the purposes specified in Minnesota 10.10Statutes, section 97A.056, subdivision 10.111a. A list of proposed land acquisitions 10.12must be provided as part of the required 10.13accomplishment plan.

10.14Subd. 4.Wetlands15,934,000-0-

10.15(a) Reinvest in Minnesota Wetlands 10.16Reserve Acquisition and Restoration 10.17Program Partnership - Phase III10.18$13,000,000 the first year is to the Board 10.19of Water and Soil Resources to acquire 10.20permanent conservation easements and 10.21restore wetlands and associated upland 10.22habitat in cooperation with the United States 10.23Department of Agriculture Wetlands Reserve 10.24Program. A list of proposed land acquisitions 10.25must be provided as part of the required 10.26accomplishment plan. The accomplishment 10.27plan must include an easement monitoring 10.28and enforcement plan. Money appropriated 10.29from the outdoor heritage fund for easement 10.30acquisition may be used to establish a 10.31monitoring and enforcement fund as 10.32approved in the accomplishment plan 10.33and subject to subdivision 15. An annual 10.34financial report is required for any monitoring 10.35and enforcement fund established, including 11.1expenditures from the fund and a description 11.2of monitoring and enforcement activities.11.3(b) Accelerated Shallow Lakes and 11.4Wetlands Restoration and Enhancement - 11.5Phase III11.6$936,000 the first year is to the commissioner 11.7of natural resources to develop engineering 11.8designs for shallow lakes and wetlands and 11.9restore and enhance shallow lakes.11.10(c) Shallow Lake Shoreland Protection: 11.11Wild Rice Lakes11.12$1,998,000 the first year is to the 11.13commissioner of natural resources for an 11.14agreement with Ducks Unlimited and the 11.15Board of Water and Soil Resources to acquire 11.16wild rice lake shoreland habitat in fee and 11.17as permanent conservation easements as 11.18follows: $500,000 to the Department of 11.19Natural Resources; $1,100,000 to the Board 11.20of Water and Soil Resources; $291,000 to 11.21Ducks Unlimited; and $107,000 for transfer 11.22to the outdoor heritage land management 11.23account in the special revenue fund for the 11.24purposes specified in Minnesota Statutes, 11.25section 97A.056, subdivision 1a. A list of 11.26proposed land acquisitions must be provided 11.27as part of the required accomplishment plan. 11.28The accomplishment plan must include 11.29an easement monitoring and enforcement 11.30plan. Money appropriated from the outdoor 11.31heritage fund for easement acquisition 11.32may be used to establish a monitoring 11.33and enforcement fund as approved in 11.34the accomplishment plan and subject to 11.35subdivision 15. An annual financial report is 12.1required for any monitoring and enforcement 12.2fund established, including expenditures 12.3from the fund. 

12.4Subd. 5.Habitat24,086,000-0-

12.5(a) Accelerated Aquatic Management 12.6Area Habitat Program - Phase III12.7$7,061,000 the first year is to the 12.8commissioner of natural resources to 12.9acquire interests in land in fee or permanent 12.10conservation easements for aquatic 12.11management areas under Minnesota Statutes, 12.12sections 86A.05, subdivision 14, and 97C.02, 12.13to restore and enhance aquatic habitat. 12.14Of this amount, $561,000 is for transfer 12.15to the outdoor heritage land management 12.16account in the special revenue fund for the 12.17purposes specified in Minnesota Statutes, 12.18section 97A.056, subdivision 1a. A list 12.19of proposed acquisitions and stream and 12.20lake habitat restorations and enhancements 12.21must be provided as part of the required 12.22accomplishment plan. The accomplishment 12.23plan must include an easement monitoring 12.24and enforcement plan. Money appropriated 12.25from the outdoor heritage fund for easement 12.26acquisition may be used to establish a 12.27monitoring and enforcement fund as 12.28approved in the accomplishment plan 12.29and subject to subdivision 15. An annual 12.30financial report is required for any monitoring 12.31and enforcement fund established, including 12.32expenditures from the fund.12.33(b) Coldwater Fish Habitat Enhancement 12.34Program - Phase III13.1$1,533,000 the first year is to the 13.2commissioner of natural resources for an 13.3agreement with Minnesota Trout Unlimited 13.4to restore, enhance, and protect cold water 13.5river and stream habitats in Minnesota. A list 13.6of proposed projects, describing types and 13.7locations of restorations and enhancements, 13.8must be provided as part of the required 13.9accomplishment plan.13.10(c) Land Addition to the Janet Johnson 13.11Memorial Wildlife Management Area13.12$707,000 the first year is to the commissioner 13.13of natural resources for an agreement with 13.14Chisago County to acquire land in fee to 13.15be added to the Janet Johnson Memorial 13.16Wildlife Management Area under Minnesota 13.17Statutes, section 86A.05, subdivision 8. Of 13.18this amount, $130,000 is for transfer to the 13.19outdoor heritage land management account 13.20in the special revenue fund for the purposes 13.21specified in Minnesota Statutes, section 13.2297A.056, subdivision 1a. A list of proposed 13.23land acquisitions must be provided as part of 13.24the required accomplishment plan.13.25(d) Metro Big Rivers Habitat - Phase II13.26$5,481,000 the first year is to the 13.27commissioner of natural resources for 13.28agreements to acquire interests in land in 13.29fee or permanent conservation easements 13.30and to restore and enhance natural systems 13.31associated with the Mississippi, Minnesota, 13.32and St. Croix Rivers as follows: $960,000 13.33to the Minnesota Valley National Wildlife 13.34Refuge Trust, Inc.; $150,000 to Great River 13.35Greening; $840,000 to Minnesota Land 14.1Trust; $150,000 to Friends of the Mississippi 14.2River; $2,900,000 to The Trust for Public 14.3Land; and $481,000 for transfer to the 14.4outdoor heritage land management account 14.5in the special revenue fund for the purposes 14.6specified in Minnesota Statutes, section 14.797A.056, subdivision 1a. A list of proposed 14.8projects, describing types and locations of 14.9acquisitions, restorations, and enhancements, 14.10must be provided as part of the required 14.11accomplishment plan. The accomplishment 14.12plan must include an easement monitoring 14.13and enforcement plan. Money appropriated 14.14from the outdoor heritage fund for easement 14.15acquisition may be used to establish a 14.16monitoring and enforcement fund as 14.17approved in the accomplishment plan 14.18and subject to subdivision 15. An annual 14.19financial report is required for any monitoring 14.20and enforcement fund established, including 14.21expenditures from the fund.14.22(e) Protecting Sensitive Shorelands in 14.23North Central Minnesota14.24$1,098,000 the first year is to the 14.25commissioner of natural resources for 14.26agreements with the Leech Lake Watershed 14.27Foundation and the Minnesota Land Trust 14.28as follows: $339,000 to the Leech Lake 14.29Watershed Foundation; $741,000 to the 14.30Minnesota Land Trust; and $18,000 to the 14.31Department of Natural Resources to pay for 14.32acquisition-related expenses and monitoring 14.33costs of donated permanent conservation 14.34easements on sensitive shorelands in north 14.35central Minnesota. A list of proposed land 14.36acquisitions must be provided as part of 15.1the required accomplishment plan. The 15.2accomplishment plan must include an 15.3easement monitoring and enforcement 15.4plan. Money appropriated from the outdoor 15.5heritage fund for easement acquisition 15.6may be used to establish a monitoring 15.7and enforcement fund as approved in 15.8the accomplishment plan and subject to 15.9subdivision 15. An annual financial report is 15.10required for any monitoring and enforcement 15.11fund established, including expenditures 15.12from the fund.15.13(f) Restoring Native Habitat and Water 15.14Quality to Shell Rock River - Phase II15.15$2,577,000 the first year is to the 15.16commissioner of natural resources for 15.17an agreement with the Shell Rock River 15.18Watershed District to acquire land in fee 15.19at the headwaters of the Shell Rock River 15.20for aquatic management area purposes 15.21under Minnesota Statutes, sections 86A.05, 15.22subdivision 14, and 97C.02, to restore 15.23and enhance aquatic habitat. The leases 15.24for gravel mining existing at the time of 15.25acquisition may not be extended and all gross 15.26income generated from mining operations 15.27must be transferred to the commissioner of 15.28management and budget and credited to the 15.29outdoor heritage fund. A list of proposed 15.30land acquisitions must be provided as part of 15.31the required accomplishment plan.15.32(g) Outdoor Heritage Conservation 15.33Partners Grant Program - Phase III15.34$5,629,000 the first year is to the 15.35commissioner of natural resources for a 16.1program to provide competitive, matching 16.2grants of up to $400,000 to local, regional, 16.3state, and national organizations for 16.4enhancement, restoration, or protection of 16.5forests, wetlands, prairies, and habitat for 16.6fish, game, or wildlife in Minnesota. Grants 16.7shall not be made for activities required to 16.8fulfill the duties of owners of lands subject 16.9to conservation easements.  Grants shall 16.10not be made from appropriations in this 16.11paragraph for projects that have a total 16.12project cost exceeding $475,000. $319,000 16.13of this appropriation may be spent for 16.14personnel costs and other administrative 16.15costs. Grantees may acquire land or interests 16.16in land. Easements must be permanent. 16.17Land acquired in fee must be open to 16.18hunting and fishing during the open season 16.19unless otherwise provided by state law. The 16.20program shall require a match of at least ten 16.21percent from nonstate sources for grants of 16.22$100,000 or less and a match of at least 15 16.23percent from nonstate sources for grants over 16.24$100,000. Up to one-third of the match may 16.25be in-kind resources. For grant applications 16.26of $25,000 or less, the commissioner shall 16.27provide a separate, simplified application 16.28process. The criteria for evaluating grant 16.29applications over $25,000 must include the 16.30amount of habitat restored, enhanced, or 16.31protected; local support; encouragement 16.32of a local conservation culture; urgency; 16.33capacity to achieve multiple benefits; 16.34habitat benefits provided; consistency with 16.35current conservation science; adjacency 16.36to protected lands; full funding of the 17.1project; supplementing existing funding; 17.2public access for hunting and fishing during 17.3the open season; sustainability; degree 17.4of collaboration; and use of native plant 17.5materials. All projects must conform to 17.6the Minnesota statewide conservation and 17.7preservation plan. Wildlife habitat projects 17.8must also conform to the Minnesota wildlife 17.9action plan. Subject to the evaluation 17.10criteria and requirements of this paragraph 17.11and Minnesota Statutes, the commissioner 17.12of natural resources shall give priority to 17.13organizations that have a history of receiving 17.14or charter to receive private contributions 17.15for local conservation or habitat projects 17.16when evaluating projects of equal value. If 17.17acquiring land or a conservation easement, 17.18priority shall be given to projects associated 17.19with existing wildlife management areas 17.20under Minnesota Statutes, section 86A.05, 17.21subdivision 8; scientific and natural areas 17.22under Minnesota Statutes, sections 84.033 17.23and 86A.05, subdivision 5; and aquatic 17.24management areas under Minnesota Statutes, 17.25sections 86A.05, subdivision 14, and 97C.02. 17.26All restoration or enhancement projects 17.27must be on land permanently protected by a 17.28conservation easement or public ownership 17.29or in public waters as defined in Minnesota 17.30Statutes, section 103G.005, subdivision 17.3115. Priority shall be given to restoration 17.32and enhancement projects on public lands. 17.33Subdivision 9 applies to grants awarded 17.34under this paragraph. This appropriation is 17.35available until June 30, 2015. No less than 17.36five percent of the amount of each grant 18.1must be held back from reimbursement until 18.2the grant recipient has completed a grant 18.3accomplishment report by the deadline and 18.4in the form prescribed by and satisfactory to 18.5the Lessard-Sams Outdoor Heritage Council. 18.6The commissioner shall provide notice of the 18.7grant program in the 2011 game and fish law 18.8summaries that are prepared under Minnesota 18.9Statutes, section 97A.051, subdivision 2.

18.10Subd. 6.Administration 743,000471,000

18.11(a) Contract Management18.12$175,000 the first year is to the commissioner 18.13of natural resources for contract management 18.14duties assigned in this section. The 18.15commissioner shall provide documentation 18.16to the Legislative Coordinating Commission 18.17on the expenditure of these funds.18.18(b) Legislative Coordinating Commission18.19(1) $471,000 the first year and $471,000 18.20the second year are to the Legislative 18.21Coordinating Commission for two years of 18.22administrative expenses of the Lessard-Sams 18.23Outdoor Heritage Council and for two years 18.24of compensation and expense reimbursement 18.25of council members.18.26(2) $13,000 the first year is to the Legislative 18.27Coordinating Commission for the Web site 18.28required under Minnesota Statutes, section 18.293.303, subdivision 10.18.30(c) Technical Assistance Panel18.31$84,000 the first year is to the commissioner 18.32of natural resources for a technical assistance 18.33panel to conduct up to ten restoration audits 19.1under Minnesota Statutes, section 97A.056, 19.2subdivision 10.

19.3Subd. 7.Availability of Appropriation

19.4Money appropriated in this section may 19.5not be spent on activities unless they are 19.6directly related to and necessary for a 19.7specific appropriation and are specified 19.8in the accomplishment plan. Money 19.9appropriated in this section must not be 19.10spent on indirect costs or other institutional 19.11overhead charges that are not directly related 19.12to and necessary for a specific appropriation. 19.13Unless otherwise provided, the amounts 19.14in this section are available until June 30, 19.152014, when projects must be completed and 19.16final accomplishments reported. Funds for 19.17restoration or enhancement are available 19.18until June 30, 2016, or four years after 19.19acquisition, whichever is later, in order to 19.20complete restoration or enhancement work. 19.21If a project receives federal funds, the time 19.22period of the appropriation is extended to 19.23equal the availability of federal funding. 19.24Funds appropriated for fee title acquisition 19.25of  land may be used to restore, enhance, and 19.26provide for the public use of land acquired 19.27with the appropriation. Public use facilities 19.28must have a minimal impact on habitat on 19.29acquired lands.

19.30Subd. 8.Accomplishment Plans

19.31It is a condition of acceptance of the 19.32appropriations made under this section that 19.33the  agency or entity using the appropriation 19.34submit to the Lessard-Sams Outdoor 19.35Heritage Council an accomplishment  plan 20.1and periodic accomplishment  reports in 20.2the form determined by the council. The 20.3accomplishment plan must identify the 20.4project manager responsible for expending 20.5the appropriation and the final product. The 20.6accomplishment plan must account for  the 20.7use of the appropriation and outcomes  of 20.8the expenditure in measures of wetlands, 20.9prairies, forests, and fish, game, and wildlife 20.10habitat restored, protected, and enhanced. 20.11The plan must include an evaluation of 20.12results. None of the money provided in this 20.13section may be expended unless the council 20.14has approved the pertinent accomplishment 20.15plan.

20.16Subd. 9.Project Requirements

20.17(a) As a condition of accepting an 20.18appropriation made under this section, an 20.19agency or entity receiving an appropriation 20.20must comply with this subdivision for any 20.21project funded in whole or in part with funds 20.22from the appropriation.20.23(b) All conservation easements acquired with 20.24money appropriated under this section must: 20.25(1) be permanent; (2) specify the parties to 20.26the easement; (3) specify all of the provisions 20.27of an agreement that are permanent; (4) 20.28specify the habitat types and location 20.29being protected; (5) where appropriate for 20.30conservation or water protection outcomes, 20.31require the grantor to employ practices 20.32retaining water on the eased land as long as 20.33practicable; (6) specify the responsibilities 20.34of the parties for habitat enhancement and 20.35restoration and the associated costs of these 21.1activities; (7) be sent to the office of the 21.2Lessard-Sams Outdoor Heritage Council; (8) 21.3include a long-term stewardship plan and 21.4identify the sources and amount of funding 21.5for monitoring and enforcing the easement 21.6agreement; and (9) identify the parties 21.7responsible for monitoring and enforcing the 21.8easement agreement.21.9(c) For all restorations, a recipient must 21.10prepare and retain an ecological restoration 21.11and management plan that, to the degree 21.12practicable, is consistent with current 21.13conservation science and ecological goals 21.14for the restoration site. Consideration should 21.15be given to soil, geology, topography, and 21.16other relevant factors that would provide 21.17the best chance for long-term success and 21.18durability of the restoration projects. The 21.19plan must include the proposed timetable for 21.20implementing the restoration, including, but 21.21not limited to, site preparation, establishment 21.22of diverse plant species, maintenance, and 21.23additional enhancement to establish the 21.24restoration; identify long-term maintenance 21.25and management needs of the restoration 21.26and how the maintenance, management, 21.27and enhancement will be financed; and use 21.28current conservation science to achieve the 21.29best restoration.21.30(d) For new lands acquired, a recipient 21.31must prepare a restoration and management 21.32plan in compliance with paragraph (c), 21.33including identification of sufficient funding 21.34for implementation.22.1(e) To ensure public accountability for the 22.2use of public funds, a recipient must provide 22.3to the Lessard-Sams Outdoor Heritage 22.4Council documentation of the process 22.5used to select parcels acquired in fee or as 22.6permanent conservation easements and must 22.7provide the council with documentation 22.8of all related transaction costs, including, 22.9but not limited to, appraisals, legal fees, 22.10recording fees, commissions, other similar 22.11costs, and donations. This information 22.12must be provided for all parties involved 22.13in the transaction. The recipient must 22.14also report to the Lessard-Sams Outdoor 22.15Heritage Council any difference between the 22.16acquisition amount paid to the seller and the 22.17state-certified or state-reviewed appraisal, if 22.18a state-certified or state-reviewed appraisal 22.19was conducted. Acquisition data such 22.20as appraisals may remain private during 22.21negotiations but must ultimately be made 22.22public according to Minnesota Statutes, 22.23chapter 13.22.24(f) Except as otherwise provided in this 22.25section, all restoration and enhancement 22.26projects funded with money appropriated 22.27under this section must be on land 22.28permanently protected by a conservation 22.29easement or public ownership or in public 22.30waters as defined in Minnesota Statutes, 22.31section 103G.005, subdivision 15.22.32(g) To the extent an appropriation is used to 22.33acquire an interest in real property, a recipient 22.34of an appropriation under this section must 22.35provide to the Lessard-Sams Outdoor 22.36Heritage Council and the commissioner 23.1of management and budget an analysis of 23.2increased operations and maintenance costs 23.3likely to be incurred by public entities as 23.4a result of the acquisition and of how these 23.5costs are to be paid.23.6(h) A recipient of money under this section 23.7must erect signage according to Laws 2009, 23.8chapter 172, article 5, section 10.

23.923.10Subd. 10.Payment Conditions and Capital Equipment Expenditures

23.11All agreements, grants, or contracts referred 23.12to in this section must be administered on 23.13a reimbursement basis unless otherwise 23.14provided in this section. Notwithstanding 23.15Minnesota Statutes, section 16A.41, 23.16expenditures directly related to each 23.17appropriation's purpose made on or after July 23.181, 2011, are eligible for reimbursement unless 23.19otherwise provided in this section. Periodic 23.20reimbursement must be made upon receiving 23.21documentation that the deliverable items 23.22articulated in the approved accomplishment 23.23plan have been achieved, including partial 23.24achievements as evidenced by approved 23.25progress reports. Reasonable amounts may 23.26be advanced to projects to accommodate 23.27cash flow needs, support future management 23.28of acquired lands, or match a federal share. 23.29The advances must be approved as part of 23.30the accomplishment plan. Capital equipment 23.31expenditures for specific items in excess of 23.32$10,000 must be itemized in and approved as 23.33part of the accomplishment plan.

23.3423.35Subd. 11.Purchase of Recycled and Recyclable Materials

24.1A political subdivision, public or private 24.2corporation, or other entity that receives an 24.3appropriation under this section must use the 24.4appropriation in compliance with Minnesota 24.5Statutes, sections 16B.121, regarding 24.6purchase of recycled, repairable, and durable 24.7materials, and 16B.122, regarding purchase 24.8and use of paper stock and printing.

24.9Subd. 12.Accessibility

24.10Structural and nonstructural facilities must 24.11meet the design standards in the Americans 24.12with Disabilities Act (ADA) accessibility 24.13guidelines.

24.14Subd. 13.Land Acquisition Restrictions

24.15(a) An interest in real property, including, but 24.16not limited to, an easement or fee title that 24.17is acquired with money appropriated under 24.18this section must be used in perpetuity or for 24.19the specific term of an easement interest for 24.20the purpose for which the appropriation was 24.21made.24.22(b) A recipient of funding who acquires 24.23an interest in real property subject to this 24.24subdivision may not alter the intended use 24.25of the interest in real property or convey 24.26any interest in the real property acquired 24.27with the appropriation without the prior 24.28review and approval of the Lessard-Sams 24.29Outdoor Heritage Council or its successor. 24.30The council shall notify the chairs and 24.31ranking minority members of the legislative 24.32committees and divisions with jurisdiction 24.33over the outdoor heritage fund at least 15 24.34business days before approval under this 24.35paragraph. The council shall establish 25.1procedures to review requests from recipients 25.2to alter the use of or convey an interest in 25.3real property. These procedures shall allow 25.4for the replacement of the interest in real 25.5property with another interest in real property 25.6meeting the following criteria: (1) the 25.7interest must be at least equal in fair market 25.8value, as certified by the commissioner 25.9of natural resources, to the interest being 25.10replaced; and (2) the interest must be in a 25.11reasonably equivalent  location and have a 25.12reasonably equivalent  useful conservation 25.13purpose compared to the  interest being 25.14replaced, taking into consideration all effects 25.15from fragmentation of the whole habitat.25.16(c) A recipient of funding who acquires an 25.17interest in real property under paragraph 25.18(a) must separately record a notice of 25.19funding restrictions in the appropriate local 25.20government office where the conveyance 25.21of the interest in real property is filed. The 25.22notice of funding agreement must contain: 25.23(1) a legal description of the interest in real 25.24property covered by the funding agreement; 25.25(2) a reference to the underlying funding 25.26agreement; (3) a reference to this section; and 25.27(4) the following statement: "This interest 25.28in real property shall be administered in 25.29accordance with the terms, conditions, and 25.30purposes of the grant agreement controlling 25.31the acquisition of the property. The interest 25.32in real property, or any portion of the interest 25.33in real property, shall not be sold, transferred, 25.34pledged, or otherwise disposed of or further 25.35encumbered without obtaining the prior 25.36written approval of the Lessard-Sams 26.1Outdoor Heritage Council or its successor. 26.2The ownership of the interest in real property 26.3shall transfer to the state if: (1) the holder of 26.4the interest in real property fails to comply 26.5with the terms and conditions of the grant 26.6agreement or accomplishment plan; or 26.7(2) restrictions are placed on the land that 26.8preclude its use for the intended purpose as 26.9specified in the appropriation."

26.10Subd. 14.Real Property Interest Report

26.11By December 1 each year, a recipient of 26.12money appropriated under this section that 26.13is used for the acquisition of an interest in 26.14real property, including, but not limited to, 26.15an easement or fee title, must submit annual 26.16reports on the status of the real property to 26.17the Lessard-Sams Outdoor Heritage Council 26.18or its successor in a form determined by the 26.19council. The responsibility for reporting 26.20under this section may be transferred by 26.21the recipient of the appropriation to another 26.22person or entity that holds the interest in the 26.23real property. To complete the transfer of 26.24reporting responsibility, the recipient of the 26.25appropriation must: (1) inform the person 26.26to whom the responsibility is transferred of 26.27that person's reporting responsibility; (2) 26.28inform the person to whom the responsibility 26.29is transferred of the property restrictions 26.30under subdivision 13; and (3) provide written 26.31notice to the council of the transfer of 26.32reporting responsibility, including contact 26.33information for the person to whom the 26.34responsibility is transferred. After the 26.35transfer, the person or entity that holds the 27.1interest in the real property is responsible for 27.2reporting requirements under this section.

27.327.4Subd. 15.Easement Monitoring and Enforcement Requirements

27.5Money appropriated under this section 27.6for easement monitoring and enforcement 27.7may be spent only on activities included in 27.8an easement monitoring and enforcement 27.9plan contained within the accomplishment 27.10plan. Money received for monitoring 27.11and enforcement, including earnings on 27.12the money received, shall be kept in a 27.13monitoring and enforcement fund held by 27.14the organization and dedicated to monitoring 27.15and enforcing conservation easements within 27.16Minnesota. Within 120 days after the close 27.17of the entity's fiscal year, an entity receiving 27.18appropriations for easement monitoring 27.19and enforcement must provide an annual 27.20financial report to the Lessard-Sams Outdoor 27.21Heritage Council on the easement monitoring 27.22and enforcement fund as specified in the 27.23accomplishment plan. Money appropriated 27.24under this section for monitoring and 27.25enforcement of easements and earnings on 27.26the money appropriated shall revert to the 27.27state if: (1) the easement transfers to the 27.28state under subdivision 13; (2) the holder of 27.29the easement fails to file an annual report 27.30and then fails to cure that default within 30 27.31days of notification of the default by the 27.32state; or (3) the holder of the easement fails 27.33to comply with the terms of the monitoring 27.34and enforcement plan contained within the 27.35accomplishment plan and fails to cure that 28.1default within 90 days of notification of the 28.2default by the state.

28.3Subd. 16.Successor Organizations

28.4The Lessard-Sams Outdoor Heritage Council 28.5may approve the continuation of a project 28.6with an organization that has adopted 28.7a new name. Continuation of a project 28.8with an organization that has undergone 28.9a significant change in mission, structure, 28.10or purpose requires: (1) notice to the 28.11chairs of the legislative committees with 28.12relevant jurisdiction; and (2) presentation 28.13by the council of proposed legislation either 28.14ratifying or rejecting continued involvement 28.15with the new organization.

28.16Subd. 17.Appropriations Adjustment

28.17(a) Mississippi River Bluffland Prairie 28.18Protection Initiative28.19Of the amount appropriated in Laws 2009, 28.20chapter 172, article 1, section 2, subdivision 28.212, paragraph (f), $65,000 is for deposit in 28.22a monitoring and enforcement account as 28.23authorized in subdivision 15.28.24(b) Critical Shoreline Habitat Protection 28.25Program28.26Of the amount appropriated in Laws 2010, 28.27chapter 361, article 1, section 2, subdivision 28.283, paragraph (a), $187,000 is for deposit in 28.29a monitoring and enforcement account as 28.30authorized in subdivision 15.28.31(c) Riparian and Lakeshore Protection in 28.32Dakota County28.33Of the amount appropriated in Laws 2010, 28.34chapter 361, article 1, section 2, subdivision 29.15, paragraph (d), $80,000 is for deposit in 29.2a monitoring and enforcement account as 29.3authorized in subdivision 15.29.4(d) Valley Creek Protection Partnership29.5Of the amount appropriated in Laws 2010, 29.6chapter 361, article 1, section 2, subdivision 29.75, paragraph (e), $12,000 is for deposit in 29.8a monitoring and enforcement account as 29.9authorized in subdivision 15.29.10    Sec. 3. [84.68] FORESTS FOR THE FUTURE CONSERVATION EASEMENT 29.11ACCOUNT.29.12    Subdivision 1.Account established; sources.The forests for the future 29.13conservation easement account is created in the natural resources fund in the state treasury. 29.14The following revenue shall be deposited in the account:29.15(1) contributions to the account or specified for any purposes of the account;29.16(2) financial contributions required under section 84.66, subdivision 11, or other 29.17applicable law; and29.18(3) money appropriated or transferred for the purposes described in subdivision 2.29.19Interest earned on money in the account accrues to the account.29.20    Subd. 2.Appropriation; purposes of account.Money in the forests for the future 29.21conservation easement account is appropriated annually to the commissioner of natural 29.22resources and may be spent only to cover the costs of managing forests for the future 29.23conservation easements held by the Department of Natural Resources, including costs 29.24incurred from monitoring, landowner contracts, record keeping, processing landowner 29.25notices, requests for approval or amendments, and enforcement.29.26EFFECTIVE DATE.This section is effective the day following final enactment.29.27    Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 29.28to read:29.29    Subd. 1a.Outdoor heritage land management account.An outdoor heritage 29.30land management account is created as an account in the special revenue fund. The 29.31State Board of Investment shall ensure the account is invested under section 11A.24. 29.32The commissioner of management and budget shall credit to the account all money 29.33appropriated to the account and all money earned by the account. The principal of the 30.1account and any unexpended earnings must be invested and reinvested by the State Board 30.2of Investment. Nothing in this section limits the source of contributions to the account. 30.3No more than five and one-half percent of the market value of the account as of June 30 30.4of the prior fiscal year is appropriated to the commissioner of natural resources to pay 30.5for future restoration and enhancement of lands purchased in fee with monies from the 30.6outdoor heritage fund and held by the state.30.7    Sec. 5. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 30.8to read:30.9    Subd. 1b.Definitions.For the purpose of appropriations from the outdoor heritage 30.10fund, "recipient" means the entity responsible for deliverables financed by the outdoor 30.11heritage fund.30.12EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.30.13    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; and30.22    (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) Public members serve four-year terms and. Appointed legislative members serve 31.6at the pleasure of the appointing authority. Public and legislative members continue to 31.7serve until their successors are appointed.  Public members  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; and31.21    (6) one public member appointed by the speaker of the house for a term ending the 31.22first Monday in January 2013; and.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. 32.15The council shall consider prevention measures to protect fish from aquatic invasive 32.16species consistent with the Constitution, in order to protect habitat for fish. 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    Subd. 11.Commissioner approval; acquisitions.The commissioner must agree in 33.25writing to each proposed acquisition of land or interest in land, including an easement, 33.26purchased with an appropriation from the outdoor heritage fund that is intended to be 33.27transferred to the commissioner. Prior to signing the written agreement, the commissioner 33.28must determine that the acquisition meets the Department of Natural Resources' precision 33.29acquisition goals.33.30    Sec. 9. Laws 2009, chapter 172, article 1, section 2, subdivision 3, is amended to read:

33.31Subd. 3.Forests18,000,00018,000,000

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. 34.5Up to $750,000 in fiscal year 2011 may 34.6be transferred to the forests for the future 34.7conservation easement account and used 34.8for the purposes specified under Minnesota 34.9Statutes, section 84.68, subdivision 2. 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; and34.23(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:

34.27Subd. 15.Real Property Interest Report

34.28By 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; and35.15(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:

35.30Subd. 14.Real Property Interest Report

35.31By 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; and (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.  REPEALER.36.32Minnesota Statutes 2010, section 84.02, subdivisions 1, 2, 3, 4, 6, 7, and 8, are 36.33repealed.37.1ARTICLE 237.2CLEAN WATER FUND

37.3Section 1. CLEAN WATER FUND APPROPRIATIONS.

37.4The sums shown in the columns marked "Appropriations" are appropriated to the 37.5agencies and for the purposes specified in this article. The appropriations are from the 37.6clean water fund, and are available for the fiscal years indicated for allowable activities 37.7under the Minnesota Constitution, article XI, section 15. "The first year" is fiscal year 37.82012. "The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and 37.92013. The appropriations in this article are onetime.

37.10APPROPRIATIONS37.11Available for the Year37.12Ending June 3037.1320122013

37.14Sec. 2. CLEAN WATER

37.15Subdivision 1.Total Appropriation$ 89,906,000$88,454,000

37.16The amounts that may be spent for each 37.17purpose are specified in the following 37.18sections.

37.19Subd. 2.Availability of Appropriation

37.20Money appropriated in this article may 37.21not be spent on activities unless they are 37.22directly related to and necessary for a specific 37.23appropriation. Money appropriated in this 37.24article must not be spent on indirect costs 37.25or other institutional overhead charges that 37.26are not directly related to and necessary for 37.27a specific appropriation. Notwithstanding 37.28Minnesota Statutes, section 16A.28, and 37.29unless otherwise specified in this article, 37.30fiscal year 2012 appropriations are available 37.31until June 30, 2013, and fiscal year 2013 37.32appropriations are available until June 30, 37.332014. If a project receives federal funds, the 38.1time period of the appropriation is extended 38.2to equal the availability of federal funding.

38.3Sec. 3. DEPARTMENT OF AGRICULTURE$8,200,000$8,200,000

38.4(a) $350,000 the first year and $350,000 the 38.5second year are to increase monitoring for 38.6pesticides and pesticide degradates in surface 38.7water and groundwater and to use data 38.8collected to assess pesticide use practices.38.9(b) $850,000 the first year and $850,000 38.10the second year are to increase monitoring 38.11and evaluate trends in the concentration of 38.12nitrates in groundwater in high-risk areas 38.13and regionally and to promote and evaluate 38.14regional and crop-specific nutrient best 38.15management practices. This appropriation is 38.16available until spent.38.17(c) $5,000,000 the first year and $5,000,000 38.18the second year are for the agriculture best 38.19management practices loan program. At 38.20least $4,000,000 the first year and at least 38.21$4,400,000 the second year are for transfer to 38.22the clean water agricultural best management 38.23practices loan account and are available 38.24for pass-through to local governments 38.25and lenders for low-interest loans. Any 38.26unencumbered balance that is not used for 38.27pass-through to local governments does not 38.28cancel at the end of the first year and is 38.29available for the second year.38.30(d) $700,000 the first year and $700,000 38.31the second year are for pilot projects 38.32and technical assistance on proper 38.33implementation of best management 38.34practices for nonpoint contributions to 39.1impaired waters. This appropriation is 39.2available until spent.39.3(e) $1,050,000 the first year and $1,050,000 39.4the second year are for research to quantify 39.5agricultural contributions to impaired waters 39.6and for development and evaluation of 39.7best management practices to protect and 39.8restore water resources while maintaining 39.9productivity. This appropriation is available 39.10until spent.39.11(f) $250,000 the first year and $250,000 the 39.12second year are for a research inventory 39.13database containing water-related research 39.14activities that have been publicly funded.

39.15Sec. 4. PUBLIC FACILITIES AUTHORITY$16,710,000$16,710,000

39.16(a) $11,185,000 the first year and $11,185,000 39.17the second year are for the total maximum 39.18daily load (TMDL) grant program under 39.19Minnesota Statutes, section 446A.073. This 39.20appropriation is available until spent.39.21(b) $4,275,000 the first year and $4,275,000 39.22the second year are for the clean water legacy 39.23phosphorus reduction grant program under 39.24Minnesota Statutes, section 446A.074. This 39.25appropriation is available until spent.39.26(c) $1,250,000 the first year and $1,250,000 39.27the second year are for small community 39.28wastewater treatment grants and loans under 39.29Minnesota Statutes, section 446A.075. This 39.30appropriation is available until spent.39.31(d) If there are any uncommitted funds at the 39.32end of each fiscal year under paragraph (a), 39.33(b), or (c), the Public Facilities Authority 39.34may transfer the remaining funds to eligible 40.1projects under any of the programs listed 40.2under this section, based on their priority 40.3rank on the Pollution Control Agency's 40.4project priority list.

40.5Sec. 5. POLLUTION CONTROL AGENCY$23,100,000$22,600,000

40.6(a) $7,500,000 the first year and $7,500,000 40.7the second year are for completion of 20 40.8percent of the needed statewide assessments 40.9of surface water quality and trends. Of 40.10this amount, $100,000 the first year and 40.11$100,000 the second year are for grants 40.12to the Red River Watershed Management 40.13Board to enhance and expand the existing 40.14water quality and watershed monitoring river 40.15watch activities in the schools in the Red 40.16River of the North. The Red River Watershed 40.17Management Board shall provide a report to 40.18the commissioner of the Pollution Control 40.19Agency and the legislative committees and 40.20divisions with jurisdiction over environment 40.21and natural resources finance and policy and 40.22the clean water fund by February 15, 2013, 40.23on the expenditure of these funds.40.24(b) $9,400,000 the first year and $9,400,000 40.25the second year are to develop total maximum 40.26daily load (TMDL) studies and TMDL 40.27implementation plans for waters listed on 40.28the United States Environmental Protection 40.29Agency approved impaired waters list in 40.30accordance with Minnesota Statutes, chapter 40.31114D. The agency shall complete an average 40.32of ten percent of the TMDL's each year over 40.33the biennium.40.34(c) $1,125,000 the first year and $1,125,000 40.35the second year are for groundwater 41.1assessment, including enhancing the 41.2ambient monitoring network, modeling, 41.3and continuing to monitor for and assess 41.4contaminants of emerging concern.41.5(d) $750,000 the first year and $750,000 41.6the second year are for water quality 41.7improvement in the lower St. Louis River 41.8and Duluth harbor. This appropriation must 41.9be matched by a rate of 65 percent nonstate 41.10funds to 35 percent state funds.41.11(e) $1,250,000 the first year and $1,250,000 41.12the second year are for the clean water 41.13partnership program to provide grants 41.14to protect and improve the basins and 41.15watersheds of the state and provide financial 41.16and technical assistance to study waters 41.17with nonpoint source pollution problems. 41.18Priority shall be given to projects preventing 41.19impairments and degradation of lakes, rivers, 41.20streams, and groundwater in accordance 41.21with Minnesota Statutes, section 114D.20, 41.22subdivision 2, clause (4). Any balance 41.23remaining in the first year does not cancel 41.24and is available for the second year.41.25(f) $400,000 the first year and $400,000 the 41.26second year are for storm water research and 41.27guidance.41.28(g) $1,150,000 the first year and $1,150,000 41.29the second year are for TMDL research and 41.30database development.41.31(h) $800,000 the first year and $800,000 41.32the second year are for national pollutant 41.33discharge elimination system wastewater and 41.34storm water TMDL implementation efforts.42.1(i) $225,000 the first year and $225,000 42.2the second year are transferred to the 42.3commissioner of administration for the 42.4Environmental Quality Board in cooperation 42.5with the United States Geological Survey 42.6to characterize groundwater flow and 42.7aquifer properties in the I-94 corridor in 42.8cooperation with local units of government. 42.9This appropriation is available until June 30, 42.102014.42.11(j) $500,000 the first year is for a wild rice 42.12standards study.42.13Notwithstanding Minnesota Statutes, section 42.1416A.28, the appropriations encumbered on or 42.15before June 30, 2013, as grants or contracts in 42.16this section are available until June 30, 2016.

42.1742.18Sec. 6. DEPARTMENT OF NATURAL RESOURCES$10,860,000$9,860,000

42.19(a) $1,825,000 the first year and $1,825,000 42.20the second year are for the continuation and 42.21expansion of stream flow monitoring.42.22(b) $1,150,000 the first year and $1,150,000 42.23the second year are for lake Index of 42.24Biological Integrity (IBI) assessments, 42.25including assessment of 400 additional lakes 42.26and technical analysis to develop an aquatic 42.27plant IBI analysis. The commissioner shall 42.28work with the commissioner of the Pollution 42.29Control Agency on the development of an 42.30assessment tool.42.31(c) $130,000 the first year and $130,000 42.32the second year are for assessing mercury 42.33contamination of fish, including monitoring 42.34to track the status of waters impaired by 43.1mercury and mercury reduction efforts over 43.2time.43.3(d) $1,730,000 the first year and $1,730,000 43.4the second year are for TMDL development 43.5and TMDL implementation plans for waters 43.6listed on the United States Environmental 43.7Protection Agency approved impaired waters 43.8list in accordance with Minnesota Statutes, 43.9chapter 114D, and for development of a 43.10watershed assessment tool.43.11(e) $1,500,000 the first year and $1,500,000 43.12the second year are for water supply 43.13planning, aquifer protection, and monitoring 43.14activities.43.15(f) $450,000 the first year and $450,000 the 43.16second year are for establishing a Web-based 43.17electronic permitting system to capture water 43.18appropriation use information.43.19(g) $1,725,000 the first year and $1,725,000 43.20the second year are for shoreland 43.21stewardship, TMDL implementation 43.22coordination, providing technical assistance 43.23to the Drainage Work Group and Drainage 43.24Management Team, and maintaining and 43.25updating data. Of this amount, $235,000 43.26each year is for maintaining and updating 43.27watershed boundaries and integrating 43.28high-resolution digital elevation data with 43.29watershed modeling and $40,000 each year 43.30is for a biomonitoring database. TMDL 43.31implementation coordination efforts shall be 43.32focused on major watersheds with TMDL 43.33implementation plans, including forested 43.34watersheds.44.1(h) $1,350,000 the first year and $1,350,000 44.2the second year are to acquire and distribute 44.3high-resolution digital elevation data using 44.4light detection and ranging to aid with 44.5impaired waters modeling and TMDL 44.6implementation under Minnesota Statutes, 44.7chapter 114D. The money shall be used to 44.8collect data for areas of the state that have 44.9not acquired such data prior to January 44.101, 2007, or to complete acquisition and 44.11distribution of the data for those areas of 44.12the state that have not previously received 44.13state funds for acquiring and distributing the 44.14data. The distribution of data acquired under 44.15this paragraph must be conducted under 44.16the auspices of the Minnesota Geospatial 44.17Information Office, which shall receive up 44.18to 2.5 percent of the appropriation in this 44.19paragraph to support coordination of data 44.20acquisition and distribution. Mapping and 44.21data set distribution under this paragraph 44.22must be completed within three years of 44.23funds availability. The commissioner shall 44.24utilize department staff whenever possible. 44.25The commissioner may contract for services 44.26only if the services cannot otherwise be 44.27provided by the department.44.28(i) $1,000,000 the first year is for 44.29implementation of the metropolitan 44.30groundwater monitoring and protection 44.31activities under Minnesota Laws 2010, 44.32chapter 361, article 2, section 4, subdivision 44.332.

44.3444.35Sec. 7. BOARD OF WATER AND SOIL RESOURCES$27,534,000$27,534,000

45.1(a) $13,750,000 the first year and 45.2$13,750,000 the second year are for 45.3pollution reduction and restoration grants 45.4to local government units and joint powers 45.5organizations of local government units to 45.6protect surface water and drinking water; to 45.7keep water on the land; to protect, enhance, 45.8and restore water quality in lakes, rivers, 45.9and streams; and to protect groundwater 45.10and drinking water, including feedlot water 45.11quality and subsurface sewage treatment 45.12system (SSTS) projects and stream bank, 45.13stream channel, and shoreline restoration 45.14projects. The projects must be of long-lasting 45.15public benefit, include a match, and be 45.16consistent with TMDL implementation plans 45.17or local water management plans.45.18(b) $3,000,000 the first year and $3,000,000 45.19the second year are for targeted local 45.20resource protection and enhancement grants. 45.21The board shall give priority consideration 45.22to projects and practices that complement, 45.23supplement, or exceed current state standards 45.24for protection, enhancement, and restoration 45.25of water quality in lakes, rivers, and streams 45.26or that protect groundwater from degradation. 45.27Of this amount, at least $1,500,000 each year 45.28is for SSTS county implementation.45.29(c) $900,000 the first year and $900,000 the 45.30second year are to provide state oversight 45.31and accountability, evaluate results, and 45.32measure the value of conservation program 45.33implementation by local governments, 45.34including submission to the legislature 45.35by March 1 each year an annual report 45.36prepared by the board, in consultation with 46.1the commissioners of natural resources, 46.2health, agriculture, and the Pollution Control 46.3Agency, detailing the recipients and projects 46.4funded under this section. The board shall 46.5require grantees to specify the outcomes that 46.6will be achieved by the grants prior to any 46.7grant awards.46.8(d) $1,000,000 the first year and $1,000,000 46.9the second year are for technical assistance 46.10and grants for the conservation drainage 46.11program in consultation with the Drainage 46.12Work Group that consists of projects to 46.13retrofit existing drainage systems with 46.14water quality improvement practices, 46.15evaluate outcomes, and provide outreach 46.16to landowners, public drainage authorities, 46.17drainage engineers and contractors, and 46.18others.46.19(e) $6,000,000 the first year and $6,000,000 46.20the second year are to purchase and restore 46.21permanent conservation easements on 46.22riparian buffers adjacent to public waters, 46.23excluding wetlands, to keep water on the 46.24land in order to decrease sediment, pollutant, 46.25and nutrient transport; reduce hydrologic 46.26impacts to surface waters; and increase 46.27infiltration for groundwater recharge. The 46.28riparian buffers must be at least 50 feet 46.29unless there is a natural impediment, a road, 46.30or other impediment beyond the control 46.31of the landowner. This appropriation may 46.32be used for restoration of riparian buffers 46.33protected by easements purchased with 46.34this appropriation and for stream bank 46.35restorations when the riparian buffers have 46.36been restored.47.1(f) $1,300,000 the first year and $1,300,000 47.2the second year are for permanent 47.3conservation easements on wellhead 47.4protection areas under Minnesota Statutes, 47.5section 103F.515, subdivision 2, paragraph 47.6(d). Priority must be placed on land that 47.7is located where the vulnerability of the 47.8drinking water supply is designated as high 47.9or very high by the commissioner of health.47.10(g) $1,500,000 the first year and $1,500,000 47.11the second year are for community partners 47.12grants to local units of government for: 47.13(1) structural or vegetative management 47.14practices that reduce storm water runoff 47.15from developed or disturbed lands to reduce 47.16the movement of sediment, nutrients, and 47.17pollutants for restoration, protection, or 47.18enhancement of water quality in lakes, rivers, 47.19and streams and to protect groundwater 47.20and drinking water; and (2) installation 47.21of proven and effective water retention 47.22practices including, but not limited to, rain 47.23gardens and other vegetated infiltration 47.24basins and sediment control basins in order 47.25to keep water on the land. The projects 47.26must be of long-lasting public benefit, 47.27include a local match, and be consistent with 47.28TMDL implementation plans or local water 47.29management plans. Local government unit 47.30staff and administration costs may be used 47.31as a match.47.32(h) $84,000 the first year and $84,000 the 47.33second year are for a technical assistance 47.34panel to conduct up to ten restoration audits 47.35under Minnesota Statutes, section 114D.50, 47.36subdivision 6.48.1(i) The board shall contract for services 48.2with Conservation Corps Minnesota for 48.3restoration, maintenance, and other activities 48.4under this section for $500,000 the first year 48.5and $500,000 the second year.48.6(j) The board may shift grant or cost-share 48.7funds in this section and may adjust the 48.8technical and administrative assistance 48.9portion of the funds to leverage federal or 48.10other nonstate funds or to address oversight 48.11responsibilities or high-priority needs 48.12identified in local water management plans.48.13(k) The appropriations in this section are 48.14available until spent.

48.15Sec. 8. DEPARTMENT OF HEALTH$2,988,000$3,050,000

48.16(a) $1,020,000 the first year and $1,020,000 48.17the second year are for addressing public 48.18health concerns related to contaminants 48.19found in Minnesota drinking water for which 48.20no health-based drinking water standard 48.21exists.48.22(b) $1,415,000 the first year and $1,415,000 48.23the second year are for protection of drinking 48.24water sources.48.25(c) $250,000 the first year and $250,000 the 48.26second year are for cost-share assistance to 48.27public and private well owners for up to 50 48.28percent of the cost of sealing unused wells.48.29(d) $303,000 the first year and $365,000 the 48.30second year are to expand the county well 48.31index.

48.32Sec. 9. METROPOLITAN COUNCIL$500,000$500,000

49.1$500,000 the first year and $500,000 the 49.2second year are for implementation of the 49.3master water supply plan developed under 49.4Minnesota Statutes, section 473.1565.

49.5Sec. 10. LEGISLATURE$ 14,000$-0-

49.6$14,000 the first year is for the Legislative 49.7Coordinating Commission for the costs of 49.8developing and implementing a Web site to 49.9contain information on projects receiving 49.10appropriations from the clean water fund and 49.11other constitutionally dedicated funds.

49.12Sec. 11. CARRYFORWARD

49.13(a) The appropriations in Laws 2009, chapter 49.14172, article 2, section 4, paragraph (g), as 49.15amended by Laws 2010, chapter 361, article 49.162, section 2, are available until June 30, 49.172013, and may be spent to continue research 49.18and testing on the potential for coal tar 49.19contamination of waters, on the study of 49.20treatment and disposal options, and for grants 49.21to local units of government.49.22(b) The appropriation in Laws 2010, chapter 49.23361, article 2, section 4, subdivision 1, for 49.24nitrogen and nitrate water quality standards 49.25rulemaking is available until June 30, 2012.49.26(c) The appropriations in Laws 2009, chapter 49.27172, article 2, section 4, paragraph (a), 49.28as amended by Laws 2010, chapter 361, 49.29article 2, section 2, for total maximum 49.30daily load (TMDL) study development and 49.31implementation are available until June 30, 49.322014.50.1(d) The appropriations in Laws 2009, chapter 50.2172, article 2, section 2, paragraph (d), 50.3for research and pilot projects related to 50.4ways agricultural practices contribute to 50.5restoring impaired waters and assist with the 50.6development of TMDL plans, are available 50.7until spent.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, 50.11enhance, and restore, and preserve the water quality of Minnesota's surface waters in 50.12lakes, rivers, and streams and to protect groundwater from degradation, by providing 50.13authority, direction, and resources to achieve and maintain water quality standards for 50.14groundwater and surface waters as, including the standards required by section 303(d) 50.15of the federal Clean Water Act, United States Code, title 33, section 1313(d), and other50.16applicable state and federal regulations.50.17    Subd. 2. Findings. The legislature finds that:50.18(1) there is a close link between protecting, enhancing, and restoring, and preserving50.19the quality of Minnesota's groundwater and 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; and50.25(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 groundwater or 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; and51.31(6) to achieve compliance with federal Clean Water Act requirements in Minnesota.;51.32(7) to support effective measures to prevent the degradation of groundwater 51.33according to the groundwater degradation prevention goal under section 103H.001; and51.34(8) to support effective measures to restore degraded groundwater.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 degraded groundwater and52.9impaired waters, including use of citizen monitoring and citizen monitoring data used 52.10by the Pollution Control Agency in assessing water quality must meet that meets 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 degraded groundwater and 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 surface 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; and52.32(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.; and52.34(9) identify and encourage implementation of measures to prevent groundwater from 52.35becoming degraded and measures that restore groundwater resources.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 fund 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; and53.14(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 groundwater and surface waters 53.20from becoming degraded or impaired and to improve the quality of surface 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 voting members of the council.53.31    Subd. 2. Membership; appointment.(a) The commissioners of natural resources, 53.32agriculture, health, and the Pollution Control Agency, and the executive director of the 53.33Board of Water and Soil Resources shall each appoint one person from their respective 53.34agency to serve as a nonvoting member of the council. Agency members serve as 54.1nonvoting members of the council. Two members of the house of representatives, 54.2including one member from the majority party and one member from the minority party, 54.3appointed by the speaker and two senators, including one member from the majority 54.4party and one member from the minority party, appointed according to the rules of the 54.5senate shall serve at the pleasure of the appointing authority as nonvoting members of 54.6the council. Agency and legislative members appointed under this paragraph serve as 54.7nonvoting members of the council.54.8(b) Nineteen additional nonagency voting 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 member representing township officer officers;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; and54.28(14) one member representing statewide fishing organizations.54.29Members appointed under clauses (1) to (14) this paragraph must not be registered 54.30lobbyists or legislators. 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 nonlegislative 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 nonlegislative council members is as provided in section 55.815.059
         , subdivisions 3 and 4. Compensation of legislative members is as determined 55.9by the appointing authority. 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 and the provisions of article XI, section 15, of the 55.13Minnesota Constitution relating to clean water. 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.(a) The Clean Water 55.20Council shall recommend to the governor and the legislature the manner in which 55.21money from the clean water legacy account fund should be appropriated for the purposes 55.22identified in section 114D.45, subdivision 3 stated in article XI, section 15, of the 55.23Minnesota Constitution and section 114D.50.55.24(b) The council's recommendations must:55.25(1) be to protect, enhance, and restore water quality in lakes, rivers, and streams and 55.26to protect groundwater from degradation and ensure that at least five percent of the clean 55.27water fund is spent only to protect drinking water sources;55.28(2) be consistent with the purposes, policies, goals, and priorities in sections 55.29114D.05 to 114D.35, this chapter; and shall55.30(3) allocate adequate support and resources to identify degraded groundwater and 55.31impaired waters, develop TMDL's, implement restoration of groundwater and impaired 55.32waters, and provide assistance and incentives to prevent groundwater and surface waters 55.33from becoming degraded or impaired and improve the quality of surface waters which are 55.34listed as impaired but have no approved TMDL.55.35(c) The council must recommend methods of ensuring that awards of grants, 55.36loans, or other funds from the clean water legacy account fund 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 fund 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 efforts to protect and restore groundwater and 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 and the provisions of article XI, 56.11section 15, of the Minnesota Constitution relating to clean water, 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 identifying impaired waters, in 56.20developing TMDL's, and in planning, priority setting, and implementing restoration of 56.21impaired waters, in identifying degraded groundwater, and in protecting and restoring 56.22groundwater resources. 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 degraded ground water and 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, identification of degraded groundwater, and protection and restoration 57.4of groundwater resources. 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 AND STORM WATER; 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 or storm water" means:57.13(1) use of the effluent from a wastewater treatment plant that replaces use of 57.14groundwater; or57.15(2) use of storm water that replaces the use of groundwater.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 or for the use of storm water to replace groundwater use. 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 or storm water. 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 wastewater57.30or storm water. 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 or storm water 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 supply58.13supplied or storm water available, the quality of the storm water or 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.58.17EFFECTIVE DATE.This section is effective the day following final enactment.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:

58.20Sec. 4. POLLUTION CONTROL AGENCY$24,076,000$27,630,000

58.21(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; and59.10(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 storm water or 60.17treated municipal wastewater instead of 60.18groundwater from drinking water aquifers, 60.19in order to demonstrate the beneficial use 60.20of wastewater or storm water, 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 use storm water or reuse 60.26greater than 300,000 gallons of wastewater 60.27per day. This appropriation is available until 60.28spent.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; 61.4and61.5(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, 2013.64.18EFFECTIVE DATE.This section is effective the day following final enactment.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 2010 and 2012 2011 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, 2012.64.24EFFECTIVE DATE.This section is effective the day following final enactment.64.25    Sec. 23. CIVIC ENGAGEMENT AND PUBLIC EDUCATION.64.26A recipient of funds appropriated in this article shall incorporate civic engagement 64.27and public education when implementing projects and programs funded under this article.64.28    Sec. 24.  REPEALER.64.29Minnesota Statutes 2010, section 114D.45, is repealed.65.1ARTICLE 365.2PARKS AND TRAILS FUND

65.3Section 1. PARKS AND TRAILS FUND APPROPRIATIONS.

65.4    The sums shown in the columns marked "Appropriations" are appropriated to 65.5the agencies and for the purposes specified in this article. The appropriations are from 65.6the parks and trails fund, or another named fund, and are available for the fiscal years 65.7indicated for each purpose. "The first year" is fiscal year 2012. "The second year" is 65.8fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the 65.9fiscal year ending June 30, 2012, are effective the day following final enactment. All 65.10appropriations in this article are onetime.

65.11APPROPRIATIONS65.12Available for the Year65.13Ending June 3065.1420122013

65.15Sec. 2. PARKS AND TRAILS

65.16Subdivision 1.Total Appropriation$ 38,637,000$38,630,000

65.17The amounts that may be spent for each 65.18purpose are specified in the following 65.19sections.

65.20Subd. 2.Availability of Appropriation

65.21Money appropriated in this article may 65.22not be spent on activities unless they are 65.23directly related to and necessary for a specific 65.24appropriation. Money appropriated in this 65.25article must not be spent on indirect costs 65.26or other institutional overhead charges that 65.27are not directly related to and necessary for 65.28a specific appropriation. Notwithstanding 65.29Minnesota Statutes, section 16A.28, and 65.30unless otherwise specified in this article, 65.31fiscal year 2012 appropriations are available 65.32until June 30, 2014, and fiscal year 2013 65.33appropriations are available until June 30, 65.342015. If a project receives federal funds, the 66.1time period of the appropriation is extended 66.2to equal the availability of federal funding.

66.366.4Sec. 3. DEPARTMENT OF NATURAL RESOURCES$ 23,668,000$23,193,000

66.5(a) $14,962,000 the first year and 66.6$15,437,000 the second year are for state 66.7parks, recreation areas, and trails to:66.8(1) connect people to the outdoors;66.9(2) acquire land and create opportunities;66.10(3) maintain existing holdings, including 66.11developing and redeveloping facilities, 66.12and improving accessibility and energy 66.13efficiency; and66.14(4) improve cooperation by coordinating 66.15with partners to implement the 25-year 66.16long-range parks and trails legacy plan.66.17(b) $2,100,000 the first year is for acquisition 66.18of land adjacent to LaSalle Lake in Hubbard 66.19County for a state recreation area. If the 66.20acquisition is not completed by July 15, 66.212012, or if a balance remains after the 66.22acquisition of the land, the money under this 66.23paragraph is available for acquisitions under 66.24paragraph (a), clause (2).66.25(c) $6,568,000 the first year and $7,718,000 66.26the second year are for parks and trails of 66.27regional or statewide significance as follows:66.28(1) $6,393,000 the first year and $7,718,000 66.29the second year are for grants under 66.30Minnesota Statutes, section 85.535, to 66.31acquire, develop, improve, and restore 66.32parks and trails of regional or statewide 66.33significance; and67.1(2) $175,000 the first year is for a grant to the 67.2Greater Minnesota Regional Park and Trail 67.3Coalition to: define and develop information, 67.4including the number of users and potential 67.5users of greater Minnesota regional parks 67.6and trails; collect and compile details on 67.7the facilities within the greater Minnesota 67.8regional park system; and develop a plan for 67.9high priority park and trail acquisition and 67.10development opportunities. No local match 67.11is required for this grant.67.12Up to 2.5 percent of the total appropriation 67.13may be used for administering the grants. 67.14(d) $38,000 the first year and $38,000 the 67.15second year are for a technical assistance 67.16panel to conduct up to ten restoration audits 67.17under Minnesota Statutes, section 85.53, 67.18subdivision 5.67.19(e) The commissioner shall contract for 67.20services with Conservation Corps Minnesota 67.21for restoration, maintenance, and other 67.22activities under this section for at least 67.23$1,000,000 the first year and $1,000,000 the 67.24second year.67.25(f) The commissioner of natural resources 67.26shall convene and facilitate a working 67.27group of nine members to develop 67.28recommendations for the allocation of the 67.29parks and trails fund. The working group 67.30shall have representatives from metropolitan 67.31parks and trails, greater Minnesota parks 67.32and trails, and the Department of Natural 67.33Resources Parks and Trails Division. The 67.34recommendations shall be submitted no later 67.35than November 15, 2012, and presented to 68.1the governor for consideration in the budget 68.2for fiscal years 2014 and 2015.

68.3Sec. 4. METROPOLITAN COUNCIL$ 14,962,000$15,437,000

68.4(a) $14,962,000 the first year and 68.5$15,437,000 the second year are to be 68.6distributed as required under Minnesota 68.7Statutes, section 85.53, subdivision 3.68.8(b) Grant agreements entered into by the 68.9Metropolitan Council and recipients of 68.10money appropriated under this section shall 68.11ensure that the funds are used to supplement 68.12and not substitute for traditional sources of 68.13funding.

68.14Sec. 5. LEGISLATURE$ 7,000$-0-

68.15$7,000 the first year is for the Legislative 68.16Coordinating Commission for the costs of 68.17developing and implementing a Web site to 68.18contain information on projects receiving 68.19appropriations from the parks and trails fund 68.20and other constitutionally dedicated funds.68.21    Sec. 6. Minnesota Statutes 2010, section 85.013, is amended by adding a subdivision 68.22to read:68.23    Subd. 15a.LaSalle Lake State Recreation Area, Hubbard County.68.24    Sec. 7. LASALLE LAKE STATE RECREATION AREA.68.25    Subdivision 1.LaSalle Lake State Recreation Area, Hubbard County.The 68.26LaSalle Lake State Recreation Area is established in Hubbard County.68.27    Subd. 2.Boundaries.The following described lands are located within the 68.28boundaries of the LaSalle Lake State Recreation Area, all in Hubbard County:68.29    (1) the Southwest Quarter of the Southwest Quarter and the Northwest Quarter of the 68.30Southwest Quarter, except the East 10 acres thereof, of Section 29; the Northeast Quarter 68.31of the Northeast Quarter, the Northwest Quarter of the Northeast Quarter, the Southwest 68.32Quarter of the Northeast Quarter, the Northeast Quarter of the Southwest Quarter, the 69.1Southeast Quarter of the Northwest Quarter, the Southeast Quarter of the Northeast 69.2Quarter, and Government Lots 2, 3, 4, 5, 6, 7, 8, and 9, of Section 30; Government Lots 1, 69.32, 5, 6, 7, 8, 9, and 10, of Section 31; and Government Lots 1 and 4 of Section 32; all in 69.4Township 145 North, Range 35 West; and69.5    (2) Government Lot 12, Section 19, Township 145 North, Range 35.69.6    Subd. 3.Administration.The commissioner of natural resources shall administer 69.7the area according to Minnesota Statutes, section 86A.05, subdivision 3, subject to 69.8existing rules and regulations for state recreation areas. LaSalle Lake State Recreation 69.9Area shall be administered as a satellite unit of Itasca State Park.69.10    Sec. 8. LASALLE LAKE STATE RECREATION AREA MANAGEMENT 69.11OPTIONS.69.12By March 1, 2012, the commissioner of natural resources shall submit a report to 69.13the senate and house of representatives committees and divisions with jurisdiction over 69.14natural resources policy and finance evaluating options for the management of the resort 69.15within the LaSalle Lake State Recreation Area, including an evaluation of the option 69.16to lease the resort to a nonstate entity. The evaluation shall include potential financial 69.17arrangements or mechanisms that would make the equivalent of local taxes or payments in 69.18lieu of taxes the responsibility of the nonstate entity.69.19ARTICLE 469.20ARTS AND CULTURAL HERITAGE FUND

69.21Section 1. ARTS AND CULTURAL HERITAGE FUND APPROPRIATIONS.

69.22    The sums shown in the columns marked "Appropriations" are appropriated to the 69.23entities and for the purposes specified in this article. The appropriations are from the arts 69.24and cultural heritage fund, and are available for the fiscal years indicated for allowable 69.25activities under the Minnesota Constitution, article XI, section 15. "The first year" is fiscal 69.26year 2012. "The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 69.27and 2013. All appropriations in this article are onetime.

69.28APPROPRIATIONS69.29Available for the Year69.30Ending June 3069.3120122013

69.32Sec. 2. ARTS AND CULTURAL HERITAGE

69.33Subdivision 1.Total Appropriation$ 52,537,000$ 48,729,000

70.1The amounts that may be spent for each 70.2purpose are specified in the following 70.3subdivisions.

70.4Subd. 2.Availability of Appropriation

70.5Money appropriated in this article may 70.6not be spent on activities unless they are 70.7directly related to and necessary for a specific 70.8appropriation. Money appropriated in this 70.9article must not be spent on indirect costs 70.10or other institutional overhead charges that 70.11are not directly related to and necessary for 70.12a specific appropriation. Notwithstanding 70.13Minnesota Statutes, section 16A.28, and 70.14unless otherwise specified in this article, 70.15fiscal year 2012 appropriations are available 70.16until June 30, 2013, and fiscal year 2013 70.17appropriations are available until June 30, 70.182014. If a project receives federal funds, the 70.19time period of the appropriation is extended 70.20to equal the availability of federal funding.

70.21Subd. 3.Minnesota State Arts Board 21,824,00021,824,000

70.22These amounts are appropriated to the 70.23Minnesota State Arts Board for arts, arts 70.24education, and arts access. Grant agreements 70.25entered into by the Minnesota State Arts 70.26Board and other recipients of appropriations 70.27in this subdivision shall ensure that 70.28these funds are used to supplement and 70.29not substitute for traditional sources of 70.30funding. Appropriations made directly 70.31to the Minnesota State Arts Board shall 70.32supplement, and shall not substitute for, 70.33traditional sources of funding. Each grant 70.34program established within this appropriation 70.35shall be separately administered from other 71.1state appropriations for program planning 71.2and outcome measurements, but may take 71.3into consideration other state resources 71.4awarded in the selection of applicants and 71.5grant award size.71.6Arts and Arts Access Initiatives. 71.7$16,660,000 the first year and $16,660,000 71.8the second year are to support Minnesota 71.9artists and arts organizations in creating, 71.10producing, and presenting high-quality arts 71.11activities; to overcome barriers to accessing 71.12high-quality arts activities; and to instill the 71.13arts into the community and public life in 71.14this state.71.15A portion of these funds may be used to:71.16(1) pay attendance fees and travel costs 71.17for youth to visit art museums, arts 71.18performances, or other arts activities; or71.19(2) bring artists to schools, libraries, or other 71.20community centers or organizations for 71.21teaching, training, or performance purposes.71.22Arts Education. $3,450,000 the first year 71.23and $3,450,000 the second year are for 71.24high-quality, age-appropriate arts education 71.25for Minnesotans of all ages to develop 71.26knowledge, skills, and understanding of the 71.27arts.71.28A portion of this appropriation may be used 71.29for grants to school districts to provide 71.30materials or resources to teachers, students, 71.31and parents to promote achievement of K-12 71.32academic standards in the arts.71.33Arts and Cultural Heritage. $1,080,000 71.34the first year and $1,080,000 the second year 72.1are for events and activities that represent the 72.2diverse cultural arts traditions, including folk 72.3and traditional artists and art organizations, 72.4represented in this state.72.5Administration, Fiscal Oversight, and 72.6Accountability. $634,000 the first year 72.7and $634,000 the second year are for 72.8administration of grant programs, delivering 72.9technical services, providing fiscal oversight 72.10for the statewide system, and ensuring 72.11accountability for these state resources.72.12Census. The Minnesota State Arts Board, in 72.13partnership with regional arts councils, shall 72.14maintain a census of Minnesota artists and 72.15artistic organizations.72.16Thirty percent of the total appropriated to 72.17each of the categories established in this 72.18subdivision is for grants to the regional arts 72.19councils. This percentage does not apply to 72.20administrative costs.

72.21Subd. 4.Department of Education3,455,0003,455,000

72.22These amounts are appropriated to the 72.23commissioner of education for grants 72.24allocated using existing formulas under 72.25Minnesota Statutes, section 134.355, to the 72.2612 Minnesota regional library systems, to 72.27provide educational opportunities in the arts, 72.28history, literary arts, and cultural heritage 72.29of Minnesota. These funds may be used 72.30to sponsor programs provided by regional 72.31libraries or to provide grants to local arts and 72.32cultural heritage programs for programs in 72.33partnership with regional libraries.

72.34Subd. 5.Minnesota Historical Society12,250,00012,250,000

73.1These amounts are appropriated to the 73.2governing board of the Minnesota Historical 73.3Society to preserve and enhance access to 73.4Minnesota's history and its cultural and 73.5historical resources. Grant agreements 73.6entered into by the Minnesota Historical 73.7Society and other recipients of appropriations 73.8in this subdivision shall ensure that 73.9these funds are used to supplement and 73.10not substitute for traditional sources of 73.11funding. Funds directly appropriated to the 73.12Minnesota Historical Society shall be used to 73.13supplement, and not substitute for, traditional 73.14sources of funding. Notwithstanding 73.15Minnesota Statutes, section 16A.28, for 73.16historic preservation projects that improve 73.17historic structures, the amounts are available 73.18until June 30, 2015.73.19Statewide Historic and Cultural Grants. 73.20$5,250,000 the first year and $5,250,000 73.21the second year are for history programs 73.22and projects operated or conducted by or 73.23through local, county, regional, or other 73.24historical or cultural organizations; or for 73.25activities to preserve significant historic 73.26and cultural resources. Funds are to be 73.27distributed through a competitive grants 73.28process. The Minnesota Historical Society 73.29shall administer these funds using established 73.30grants mechanisms, with assistance from 73.31the advisory committee created under Laws 73.322009, chapter 172, article 4, section 2, 73.33subdivision 4, paragraph (b), item (ii).73.34Programs. $5,000,000 the first year and 73.35$5,000,000 the second year are for programs 73.36and purposes related to the historical and 74.1cultural heritage of the state of Minnesota, 74.2conducted by the Minnesota Historical 74.3Society.74.4History Partnerships. $1,500,000 the 74.5first year and $1,500,000 the second year 74.6are for partnerships involving multiple 74.7organizations, which may include the 74.8Minnesota Historical Society, to preserve and 74.9enhance access to Minnesota's history and 74.10cultural heritage in all regions of the state.74.11Statewide Survey of Historical and 74.12Archaeological Sites. $250,000 the first 74.13year and $250,000 the second year are 74.14for a contract or contracts to be let on a 74.15competitive basis to conduct statewide 74.16surveys of Minnesota's sites of historical, 74.17archaeological, and cultural significance. 74.18Results of this survey must be published in 74.19a searchable form, available to the public on 74.20a cost-free basis. The Minnesota Historical 74.21Society, the Office of the State Archaeologist, 74.22and the Indian Affairs Council shall each 74.23appoint a representative to an oversight 74.24board to select contractors and direct the 74.25conduct of these surveys. The oversight 74.26board shall consult with the Departments of 74.27Transportation and Natural Resources.74.28Digital Library. $250,000 the first year and 74.29$250,000 the second year are for a digital 74.30library project to preserve, digitize, and share 74.31Minnesota images, documents, and historical 74.32materials. The Minnesota Historical Society 74.33shall cooperate with the Minitex interlibrary 74.34loan system and shall jointly share this 74.35appropriation for these purposes.

75.1Subd. 6.Department of Administration 10,200,0006,400,000

75.2These amounts are appropriated to the 75.3commissioner of administration for grants 75.4to the named organizations for the purposes 75.5specified in this subdivision. Up to one 75.6percent of funds may be used by the 75.7commissioner for grants administration.75.8Grant agreements entered into by 75.9the commissioner and recipients of 75.10appropriations in this subdivision must 75.11ensure that money appropriated in this 75.12subdivision is used to supplement and not 75.13substitute for traditional sources of funding.75.14Public Broadcasting Grants. $6,400,000 75.15the first year and $6,400,000 the second 75.16year are for a competitive Arts and 75.17Cultural Heritage Grants Program-Public 75.18Broadcasting.75.19The commissioner shall solicit proposals 75.20and award grants to entities that create, 75.21produce, acquire, or distribute programs that 75.22educate, enhance, or promote local, regional, 75.23or statewide items of artistic, cultural, or 75.24historic significance. The commissioner 75.25shall give preference to projects that 75.26expand Minnesotans' access to knowledge, 75.27information, arts, state history, or cultural 75.28heritage.75.29Veterans Camps. $3,250,000 the first year 75.30is for grants of $2,400,000 to the Disabled 75.31Veterans Rest Camp located on Big Marine 75.32Lake in Washington County and $850,000 to 75.33the Veterans on the Lake Resort located on 75.34Fall Lake in St. Louis County.76.1State Capitol Preservation Commission. 76.2$550,000 the first year is for the purposes of 76.3Minnesota Statutes, section 16B.2405. This 76.4appropriation is available until spent. 76.5Effective the day following final enactment, 76.6the commissioner of administration must 76.7do an exterior and interior structural risk 76.8assessment of the preservation needs of the 76.9State Capitol historic site. The analysis 76.10must include (1) a review of design plans 76.11and construction practices of all capital 76.12infrastructure projects taking place in close 76.13proximity to the State Capitol building in the 76.14next three fiscal years, to identify whether the 76.15construction work or subsequent operations 76.16pose (i) risk to the structural integrity of the 76.17State Capitol building, or (ii) a reasonable 76.18likelihood of other adverse physical impacts, 76.19including increased costs for building 76.20preservation; and (2) an examination of 76.21what would be needed to reopen the balcony 76.22viewing area on the second floor overlooking 76.23the Capitol grounds. By August 1, 2011, 76.24the commissioner must provide a prioritized 76.25list of restoration projects with rough cost 76.26estimates to the governor, the Capitol Area 76.27Architectural and Planning Board, and the 76.28chairs of the legislative committees with 76.29responsibility for those agencies and capital 76.30investment.

76.31Subd. 7.Department of Natural Resources1,100,0001,100,000

76.32These amounts are appropriated to the 76.33commissioner of natural resources for a 76.34competitive Arts and Cultural Heritage 76.35Grants Program-Zoos.77.1The commissioner shall solicit proposals 77.2and award grants to zoos for projects and 77.3programs that promote the arts or preserve 77.4Minnesota's history and cultural heritage. 77.5The commissioner shall give preference to 77.6projects and programs that incorporate arts, 77.7culture, and history into zoo programming 77.8or that increase knowledge and awareness 77.9of the way that history and culture affect 77.10people's lives and that illustrate how that 77.11knowledge can help Minnesotans make 77.12informed decisions for the future.

77.13Subd. 8.Minnesota Humanities Center 3,700,0003,700,000

77.14These amounts are appropriated to the board 77.15of directors of the Minnesota Humanities 77.16Center for the purposes specified in this 77.17subdivision.77.18Programs and Purposes. $325,000 the first 77.19year and $325,000 the second year are for 77.20programs and purposes of the Minnesota 77.21Humanities Center.77.22The Minnesota Humanities Center may 77.23consider museums and organizations 77.24celebrating the identities of Minnesotans for 77.25grants from these funds. The Minnesota 77.26Humanities Center may develop a written 77.27plan for the competitive issuance of these 77.28grants and, if developed, shall submit 77.29that plan for review and approval by the 77.30Department of Administration.77.31Councils of Color. $500,000 the first 77.32year and $500,000 the second year are for 77.33competitive grants to the Council on Asian 77.34Pacific Minnesotans, the Council on Black 77.35Minnesotans, the Indian Affairs Council, and 78.1the Chicano Latino Affairs Council. Grants 78.2are for programs and cooperation between 78.3the Minnesota Humanities Center and the 78.4grant recipients for community events and 78.5programs that celebrate and preserve artistic, 78.6historical, and cultural heritage.78.7Humanities Grants. $2,875,000 the first 78.8year and $2,875,000 the second year are for 78.9a competitive Arts and Cultural Heritage 78.10Grants Program-Humanities.78.11The board of directors shall solicit proposals 78.12and award grants to entities for projects 78.13and programs that maintain or promote 78.14our cultural heritage. The board shall fund 78.15programs and projects that collectively 78.16preserve both our tangible and intangible 78.17cultural heritage as well as those that 78.18recognize museums as venues for arts and 78.19cultural experiences.

78.20Subd. 9.Perpich Center For Arts Education..............

78.21These amounts are appropriated to the board 78.22of directors of the Perpich Center for Arts 78.23Education for arts, arts education, and arts 78.24access and to preserve Minnesota's history 78.25and cultural heritage.78.26Notwithstanding Minnesota Statutes, section 78.2716A.28, the appropriations encumbered on or 78.28before June 30, 2013, as grants or contracts 78.29in this subdivision are available until June 78.3030, 2015.

78.31Subd. 10.Legislature8,0000

78.32These amounts are appropriated to the 78.33Legislative Coordinating Commission to 78.34operate the Web site for dedicated funds 79.1required under Minnesota Statutes, section 79.23.303, subdivision 10.79.3    Sec. 3. [15B.32] STATE CAPITOL PRESERVATION COMMISSION.79.4    Subdivision 1.Definitions.(a) As used in this section, the terms defined in this 79.5subdivision have the following meanings.79.6(b) "Commission" means the State Capitol Preservation Commission created under 79.7this section.79.8(c) "Capitol Area" means the geographic area defined in section 15B.02.79.9(d) "Board" means the Capitol Area Architectural and Planning Board created under 79.10section 15B.03.79.11(e) "Predesign" has the meaning given in section 16B.335, subdivision 3, paragraph 79.12(a).79.13    Subd. 2.Membership.The State Capitol Preservation Commission consists of 22 79.14members, appointed as follows:79.15(1) the governor;79.16(2) the lieutenant governor;79.17(3) the attorney general;79.18(4) the chief justice of the Supreme Court, or the chief justice's designee, who shall 79.19be a member of the Supreme Court;79.20(5) the majority leader of the senate or the majority leader's designee, who shall be 79.21a member of the senate;79.22(6) the speaker of the house or the speaker's designee, who shall be a member of the 79.23house of representatives;79.24(7) two members of the senate, including one member from the majority party 79.25appointed by the majority leader and one member from the minority party appointed by 79.26the minority leader;79.27(8) two members of the house of representatives, including one member appointed 79.28by the speaker of the house and one member from the minority party appointed by the 79.29minority leader;79.30(9) the chair and ranking minority member of the house of representatives committee 79.31with jurisdiction over capital investment and the chair and ranking minority member of 79.32the senate committee with jurisdiction over capital investment;79.33(10) the commissioner of administration or the commissioner's designee;79.34(11) the commissioner of public safety or the commissioner's designee;80.1(12) the executive director of the Minnesota Historical Society or the executive 80.2director's designee;80.3(13) the executive secretary of the Capitol Area Architectural and Planning Board; 80.4and80.5(14) four public members appointed by the governor.80.6    Subd. 3.Terms and compensation.(a) A member serving on the commission 80.7because the member or the appointing authority for the member holds an elected or 80.8appointed office shall serve on the commission as long as the member or the appointing 80.9authority holds the office.80.10(b) Public members of the commission shall serve two-year terms. The public 80.11members may not serve for more than three consecutive terms.80.12(c) The removal of members and filling of vacancies on the commission are as 80.13provided in section 15.059. Public members may receive compensation and expenses as 80.14provided under section 15.059, subdivision 3.80.15    Subd. 4.Officers and meetings.(a) The governor is the chair of the commission. 80.16The lieutenant governor is the vice-chair of the commission and may act as the chair 80.17of the commission in the absence of the governor. The governor may designate a staff 80.18member to attend commission meetings and vote on the governor's behalf in the absence 80.19of the governor.80.20(b) The commission shall meet at least quarterly and at other times at the call of the 80.21chair. Meetings of the commission are subject to chapter 13D.80.22    Subd. 5.Administrative support.The commission may designate an executive 80.23secretary and obtain administrative support through a contract with a state agency or 80.24other means.80.25    Subd. 6.Duties.(a) The commission:80.26(1) shall exercise ongoing coordination of the restoration, protection, risk 80.27management, and preservation of the Capitol building;80.28(2) shall consult with and advise the commissioner of administration, the board, and 80.29the Minnesota Historical Society regarding their applicable statutory responsibilities 80.30for and in the Capitol building;80.31(3) may assist in the selection of an architectural firm to assist in the preparation of 80.32the predesign plan for the restoration of the Capitol building;80.33(4) shall develop a comprehensive, multiyear, predesign plan for the restoration 80.34of the Capitol building, review the plan periodically, and, as appropriate, amend and 80.35modify the plan. The predesign plan shall identify appropriate and required functions of 80.36the Capitol building; identify and address space requirements for legislative, executive, 81.1and judicial branch functions; and identify and address the long-term maintenance and 81.2preservation requirements of the Capitol building. In developing the predesign plan, 81.3the commission shall take into account the comprehensive plan for the Minnesota State 81.4Capitol Area, as amended in 2010, the rules governing zoning and design for the Capitol 81.5Area, parking, mass transit, citizen access including public access to the Capitol balcony, 81.6the tunnel system, information technology needs, energy efficiency, security, educational 81.7programs including public and school tours, and any additional space needs for the 81.8efficient operation of state government;81.9(5) shall develop and implement a comprehensive financial plan to fund the 81.10preservation and restoration of the Capitol building;81.11(6) shall provide annual reports about the condition of the Capitol building and its 81.12needs, as well as all activities related to the restoration of the Capitol building; 81.13(7) shall for all capital infrastructure projects taking place in close proximity to the 81.14Capitol building and prior to commencement of actual construction work:81.15(i) review the preliminary and final design plans and construction practices of the 81.16project;81.17(ii) identify whether the actual construction work of the project or subsequent 81.18operations resulting from the project pose:81.19(A) risk to the structural integrity of the Capitol building; or81.20(B) a reasonable likelihood of other adverse physical impacts to the Capitol building, 81.21including but not limited to increased costs for building maintenance and preservation; and81.22(iii) submit a recommendation to the commissioner of administration identifying 81.23whether or not the commissioner should approve the project for commencement of 81.24construction as provided under section 16B.2405; and81.25(8) may solicit gifts, grants, or donations of any kind from any private or public 81.26source to carry out the purposes of this section. All gifts, grants, or donations received by 81.27the commission shall be deposited in a State Capitol preservation account established in 81.28the special revenue fund. Money in the account is appropriated to the commissioner of 81.29administration for the activities of the commission and implementation of the predesign 81.30plan under this section.81.31(b) By January 15 of each year, the commission shall report to the chairs and ranking 81.32minority members of the legislative committees with jurisdiction over the commission 81.33regarding the activities and efforts of the commission in the preceding calendar year, 81.34including recommendations adopted by the commission, the comprehensive financial plan 81.35required under paragraph (a), clause (5), and any proposed draft legislation necessary to 81.36implement the recommendations of the commission.82.1    Subd. 7.Expiration.Notwithstanding section 15.059, subdivision 5, the State 82.2Capitol Preservation Commission does not expire.82.3    Sec. 4. [15B.34] CAPITOL BUILDING POWERS AND DUTIES.82.4The board shall:82.5(1) jointly, with the commissioner of administration and the Minnesota Historical 82.6Society, establish standards and policies for the repair, furnishing, appearance, and 82.7cleanliness of and change to the public and ceremonial areas of the Capitol building;82.8(2) review and approve plans and specifications and any changes to approved plans 82.9and specifications involving the alteration of the public and ceremonial areas and the 82.10exterior of the Capitol building;82.11(3) jointly, with the Minnesota Historical Society, review and approve the design, 82.12structural composition, and location of all monuments, memorials, or works of art 82.13presently located in the public and ceremonial areas of the State Capitol, or that will be 82.14placed in the public or ceremonial areas, according to section 138.68; and82.15(4) assist the State Capitol Preservation Commission with performance of its duties 82.16as needed.82.17    Sec. 5. [16B.2405] CAPITOL BUILDING POWERS AND DUTIES.82.18The commissioner, upon receipt of funding for these purposes, shall:82.19(1) maintain and operate the Capitol building and grounds according to section 82.2016B.24 and other applicable law;82.21(2) designate a project manager to oversee and manage predesign, design, and 82.22construction contracts and funding for all modifications to the Capitol building;82.23(3) manage design and construction projects and funding for the Capitol building 82.24according to section 16B.31 and other applicable law;82.25(4) lease space in the Capitol building, as provided in section 16B.24, to state 82.26agencies, constitutional officers, and the court administrator on behalf of the judicial 82.27branch and allocate space in the Capitol building to the legislative branch as determined 82.28by the commission;82.29(5) provide information about the Capitol building to the commission, legislative 82.30bodies, and others as needed regarding maintenance, operation, leasing, condition 82.31assessments, design, and construction projects;82.32(6) for each project for which a recommendation by the State Capitol Preservation 82.33Commission is submitted under section 15B.32, subdivision 6, paragraph (a), clause (7), 82.34evaluate the recommendation and, notwithstanding any other law to the contrary, either (i) 83.1approve the project where such approval is a prerequisite for commencement of actual 83.2construction work or (ii) identify specific remediation requirements necessary to approve 83.3the project upon subsequent review by the commissioner; and83.4(7) assist the State Capitol Preservation Commission with performance of its duties 83.5as needed.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 forclassroom use of programs produced 83.12with these funds to public educational institutions, excluding those materials for which 83.13public television stations do not have rights to distribute;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; and83.16(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, the Legislative Coordinating 83.24Commission, 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. 83.27ThisIn addition to all information required of each recipient of money from the arts and 83.28cultural heritage fund under section 3.303, subdivision 10, the 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 83.31hours of legacy program content available for streaming on Web site downloads sites, 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, the Legislative 84.4Coordinating Commission, 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. ThisIn addition to all information required of each recipient of money from 84.8the arts and cultural heritage fund under section 3.303, subdivision 10, the 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. [138.70] CAPITOL BUILDING POWERS AND DUTIES.84.14The Minnesota Historical Society shall:84.15(1) assist and advise in research and preservation of historical features of the Capitol 84.16building, appropriate custodial policies, and maintaining and repairing works of art 84.17according to section 138.69;84.18(2) jointly, with the Capitol Area Architectural and Planning Board, review and 84.19approve the design, structural composition, and location of all monuments, memorials, or 84.20works of art presently located in the public and ceremonial areas of the Capitol building, 84.21or proposed for placement in the public or ceremonial areas, according to section 138.68;84.22(3) assist with planning and design of restoration and renovations of the Capitol 84.23building in order to provide public access and education through public interpretive 84.24programs according to the society's statutory responsibilities under section 138.69; and84.25(4) assist the State Capitol Preservation Commission with performance of its duties 84.26as needed.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, higher education, and arts and 84.32cultural heritage policy or finance by February 15, 2011, and again by February 15, 2012. 84.33The committee working group expires on February 16, 2011 2013.85.1    Sec. 11. STATE CAPITOL PRESERVATION COMMISSION APPOINTMENTS 85.2AND FIRST MEETING.85.3The appointing authorities designated in Minnesota Statutes, section 15B.32, 85.4subdivision 2, must complete their initial appointments to the commission no later than 85.5August 1, 2011. The governor, or the governor's designee, shall convene the first meeting 85.6of the commission within 30 days after the appointments required under this section 85.7have been completed.85.8ARTICLE 585.9GENERAL PROVISIONS; ALL LEGACY FUNDS85.10    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:85.21(i) the name of the project and a project description;85.22(ii) the name, telephone number, members of the board or equivalent governing 85.23body, and e-mail address of the funding recipient and, when applicable, the Web site 85.24address where the public can directly access detailed information on the recipient's receipt 85.25and use of money for the project;85.26(iii) the amount and source of funding, including the fiscal year of the appropriation;85.27(iv) the amount and source of any additional funding or leverage;85.28(v) the duration of the project;85.29(vi) the number of full-time equivalents funded under the project. For the purposes 85.30of this item, "full-time equivalent" means a position directly attributed to the receipt of 85.31money from one or more of the funds covered under this section, calculated as the total 85.32number of hours planned for the position divided by 2,088;85.33(vii) the direct expenses and administration costs of the project;85.34(viii) proposed measurable outcomes and the plan for measuring and evaluating 85.35the results;86.1(ix) for pass-through, noncompetitive grants, the entity acting as the fiscal agent or 86.2administering agency and a point of contact for additional information; and86.3    (x) for competitive grants, the name and a brief description of the qualifications of 86.4all board members or members of an equivalent governing body ultimately responsible 86.5for awarding the grants, as well as any grantmaking advisory group. In addition, an 86.6entity that awards competitive grants, including but not limited to a state agency or any 86.7statewide, regional, or local organization, must report whether an employee, decision 86.8maker, advisory group member, or other person involved in the grant process disclosed 86.9a conflict of interest or potential conflict of interest. If the entity reports that a conflict 86.10of interest or potential conflict of interest was disclosed, the entity must provide the 86.11Legislative Coordinating Commission with a contact person for additional information and 86.12the Legislative Coordinating Commission must post this information on the Web site. An 86.13entity that awards competitive grants must obtain and apply the conflict of interest policies 86.14developed by the commissioner of administration under section 16B.98, subdivision 3, 86.15unless the entity maintains and applies its own documented conflict of interest policies 86.16which are substantially similar to the commissioner of administration's policies;86.17(3) actual measured outcomes and evaluation of projects as required under sections 86.1885.53
         , subdivision 2; 114D.50, subdivision 2 4; 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; and86.22(6) methods by which members of the public may apply for project funds under 86.23any of the constitutionally dedicated funds.86.24(b) As soon as practicable or by the deadline specified in the enabling law, 86.25whichever comes first, a state agency or other recipient of a direct appropriation from a 86.26fund covered under this section shall submit the information required under paragraph (a) 86.27and, when applicable, compile and submit the same information for any grant recipient 86.28or other subrecipient of funding. 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 A state agency or other recipient of a direct appropriation from the parks and 87.18trails fund must compile and submit all information for funded projects or programs, 87.19including the proposed measurable outcomes and all other items required under section 87.203.303, subdivision 10, must be made available on to the Legislative Coordinating 87.21Commission as soon as practicable or by the deadline specified in the enabling law, 87.22whichever comes first. The Legislative Coordinating Commission must post submitted 87.23information on the 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    (f) A state agency or other recipient of money from the parks and trails fund shall 87.33prominently display on the state agency's or other recipient's Web site home page, when 87.34applicable, the legacy logo required under Laws 2009, chapter 172, article 5, section 87.3510, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the 88.1phrase "Click here for more information." When a person clicks on the legacy logo image, 88.2the Web site must direct the person to a dedicated legacy page on the state agency's or 88.3other recipient's Web site. The dedicated legacy page must prominently display both the 88.4contact information for the state agency or other recipient that a person may use to obtain 88.5additional information, as well as a link to the Legislative Coordinating Commission Web 88.6site required under section 3.303, subdivision 10.88.7(g) Future eligibility for money from the parks and trails fund is contingent upon a 88.8state agency or other recipient satisfying all applicable requirements in this section, as 88.9well as any additional requirements contained in applicable session law.88.10    Sec. 3. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 88.11to read:88.12    Subd. 12.Recipient requirements.(a) A state agency or other recipient of a direct 88.13appropriation from the outdoor heritage fund must compile and submit all information 88.14for funded projects or programs, including the proposed measurable outcomes and all 88.15other items required under section 3.303, subdivision 10, to the Legislative Coordinating 88.16Commission as soon as practicable or by the deadline specified in the enabling law, 88.17whichever comes first. The Legislative Coordinating Commission must post submitted 88.18information on the Web site required under section 3.303, subdivision 10, as soon as it 88.19becomes available.88.20    (b) A state agency or other recipient of money from the outdoor heritage fund shall 88.21prominently display on the state agency's or other recipient's Web site home page, when 88.22applicable, the legacy logo required under Laws 2009, chapter 172, article 5, section 88.2310, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the 88.24phrase "Click here for more information." When a person clicks on the legacy logo image, 88.25the Web site must direct the person to a dedicated legacy page on the state agency's or 88.26other recipient's Web site. The dedicated legacy page must prominently display both the 88.27contact information for the state agency or other recipient that a person may use to obtain 88.28additional information, as well as a link to the Legislative Coordinating Commission Web 88.29site required under section 3.303, subdivision 10.88.30(c) Future eligibility for money from the outdoor heritage fund is contingent upon a 88.31state agency or other recipient satisfying all applicable requirements in this section, as 88.32well as any additional requirements contained in applicable session law.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 A state agency or other recipient of a direct appropriation from the clean 89.12water fund must compile and submit all information for proposed and funded projects89.13or programs, including the proposed measurable outcomes, must be made available on 89.14the Web site and all other items required under section 
         3.303, subdivision 10, to the 89.15Legislative Coordinating Commission as soon as practicable or by the deadline specified 89.16in the enabling law, whichever comes first. Information on the measured outcomes and 89.17evaluation must be posted The Legislative Coordinating Commission must post submitted 89.18information on the Web site required under section 3.303, subdivision 10, as soon as 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    (f) A state agency or other recipient of money from the clean water fund shall 89.28prominently display on the state agency's or other recipient's Web site home page, when 89.29applicable, the legacy logo required under Laws 2009, chapter 172, article 5, section 89.3010, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the 89.31phrase "Click here for more information." When a person clicks on the legacy logo image, 89.32the Web site must direct the person to a dedicated legacy page on the state agency's or 89.33other recipient's Web site. The dedicated legacy page must prominently display both the 89.34contact information for the state agency or other recipient that a person may use to obtain 89.35additional information, as well as a link to the Legislative Coordinating Commission Web 89.36site required under section 3.303, subdivision 10.90.1(g) Future eligibility for money from the clean water fund is contingent upon a state 90.2agency or other recipient satisfying all applicable requirements in this section, as well as 90.3any additional requirements contained in applicable session law.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 must 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 A state agency or other recipient of a direct appropriation from the arts and 90.19cultural heritage fund must compile and submit all information for funded projects or 90.20programs, including the proposed measurable outcomes and all other items required under 90.21section 3.303, subdivision 10, must be made available on to the Legislative Coordinating 90.22Commission Web site, as soon as practicable or by the deadline specified in the enabling 90.23law, whichever comes first. Information on the measured outcomes and evaluation must 90.24be posted The Legislative Coordinating Commission must post submitted information on 90.25the Web site required under section 3.303, subdivision 10, 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    (g) A state agency or other recipient of money from the arts and cultural heritage 90.33fund shall prominently display on the state agency's or other recipient's Web site home 90.34page, when applicable, the legacy logo required under Laws 2009, chapter 172, article 5, 90.35section 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by 91.1the phrase "Click here for more information." When a person clicks on the legacy logo 91.2image, the Web site must direct the person to a dedicated legacy page on the state agency's 91.3or other recipient's Web site. The dedicated legacy page must prominently display both the 91.4contact information for the state agency or other recipient that a person may use to obtain 91.5additional information, as well as a link to the Legislative Coordinating Commission Web 91.6site required under section 3.303, subdivision 10.91.7(h) Future eligibility for money from the arts and cultural heritage fund is contingent 91.8upon a state agency or other recipient satisfying all applicable requirements in this section, 91.9as well as any additional requirements contained in applicable session law.91.10    Sec. 6. APPLICABILITY.91.11Sections 7 to 10 apply to any appropriation for fiscal year 2012 or 2013 from a legacy 91.12fund. For the purposes of sections 7 to 10, "legacy fund" means the outdoor heritage fund, 91.13the clean water fund, the parks and trails fund, or the arts and cultural heritage fund 91.14    Sec. 7. GENERAL PROVISIONS.91.15    Subdivision. 1.Grants.Grants funded by a legacy fund must be implemented 91.16according to Minnesota Statutes, section 16B.98, and the responsible entity must account 91.17for all expenditures of funds.91.18    Subd. 2.Constitution.A recipient of money from a legacy fund must comply with 91.19the Minnesota Constitution, article XI, section 15, and may not substitute money received 91.20from a legacy fund for a traditional source of funding.91.21    Subd. 3.Trusts and similar instruments.A recipient of money from a legacy fund 91.22must not use the money to fund a trust, endowment, or similar instrument unless:91.23(1) the entity reports no later than February 1 each year to the commissioner of 91.24management and budget and the legislative committees with jurisdiction over legacy 91.25funds regarding the recipient's use and fiduciary stewardship of legacy funds during the 91.26period; and91.27(2) the entity submits to regular audits of the trust, endowment, or similar instrument 91.28by the Office of the Legislative Auditor.91.29    Sec. 8. LEGACY FUNDS RECIPIENT REPORT.91.30(a) A state agency or other recipient of a direct appropriation from a legacy fund 91.31shall submit a report to the Legislative Reference Library as provided under Minnesota 91.32Statutes, section 3.195, and to the Legislative Coordinating Commission that contains all 91.33of the information required under Minnesota Statutes, section 3.303, subdivision 10.92.1(b) A state agency or other recipient of a direct appropriation from a legacy fund 92.2must submit a report containing all available and required information by January 15, 92.32012, for appropriations in fiscal year 2012, and January 15, 2013, for appropriations in 92.4fiscal year 2013. If the nature of a funded project is such that all required information is 92.5not yet available by the applicable reporting deadline, a state agency or other recipient of a 92.6direct appropriation must submit any additional information required under Minnesota 92.7Statutes, section 3.303, subdivision 10, as soon as practicable.92.8    Sec. 9. IN THE EVENT OF A LAWSUIT.92.9(a) An appropriation or portion of an appropriation from a legacy fund is canceled to 92.10the extent that a court determines that the appropriation unconstitutionally substitutes for 92.11a traditional source of funding.92.12(b) Any grant contract or similar agreement that awards money from a legacy fund 92.13must contain the information in paragraph (a).92.14    Sec. 10. LEGACY ACCOUNTING; TECHNICAL ASSISTANCE.92.15No later than January 1, 2012, the commissioner of management and budget shall 92.16finalize guidance and best practices to assist state agencies in uniformly accounting for 92.17their expenditure of legacy funds. The commissioner shall make this information available 92.18to all state agencies identified in this act.92.19    Sec. 11. LAND PURCHASES OUTSIDE SEVEN-COUNTY METROPOLITAN 92.20AREA; MORATORIUM.92.21Notwithstanding any law to the contrary, for a period of one year from the effective 92.22date of this section, the Lessard-Sams Outdoor Heritage Council may not recommend 92.23the purchase of any land outside the seven-county metropolitan area, except they may 92.24purchase school trust lands to enhance the value of the trust.