1.1 	A bill for an act
1.2 	relating to state government; appropriating money from the outdoor heritage 
1.3 	fund, clean water fund, parks and trails fund, and arts and cultural heritage 
1.4 	fund; modifying certain outdoor heritage provisions; establishing accounts; 
1.5 	creating state recreation area; modifying restoration evaluations; modifying 
1.6 	grant programs; modifying accountability requirements; modifying definitions; 
1.7 	modifying the Clean Water Legacy Act; modifying Clean Water Council; 
1.8 	establishing State Capitol Preservation Commission; providing for Capitol 
1.9 	building powers and duties; providing appointments; modifying reporting and 
1.10 	other requirements for legacy fund recipients; modifying previous appropriations; 
1.11 	requiring reports;amending Minnesota Statutes 2010, sections 3.303, subdivision 
1.12 	10; 10A.01, subdivision 35; 85.013, by adding a subdivision; 85.53, subdivisions 
1.13 	2, 5; 97A.056, subdivisions 2, 3, 6, 9, 10, by adding subdivisions; 114D.10; 
1.14 	114D.20, subdivisions 1, 2, 3, 6, 7; 114D.30; 114D.35; 114D.50, subdivisions 
1.15 	4, 6; 116.195; 129D.17, subdivision 2; 129D.18, subdivisions 3, 4; 129D.19, 
1.16 	subdivision 5; Laws 2009, chapter 172, article 1, section 2, subdivisions 3, 15; 
1.17 	article 2, section 4, as amended; article 4, section 9, subdivision 5; Laws 2010, 
1.18 	chapter 361, article 1, section 2, subdivision 14; article 2, section 3; proposing 
1.19 	coding for new law in Minnesota Statutes, chapters 15B; 16B; 84; 138; repealing 
1.20 	Minnesota Statutes 2010, section 114D.45.
1.21 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.22 	ARTICLE 1
1.23 	OUTDOOR HERITAGE FUND

1.24	Section 1. OUTDOOR HERITAGE APPROPRIATION.
 	
1.25 	The sums shown in the columns marked "Appropriations" are appropriated to the 
1.26 	agencies and for the purposes specified in this article. The appropriations are from the 
1.27 	outdoor heritage fund and are available for the fiscal years indicated for each purpose. The 
1.28 	figures "2012" and "2013" used in this article mean that the appropriations listed under 
1.29 	them are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. 
2.1 	"The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" 
2.2 	is fiscal years 2012 and 2013. The appropriations in this article are onetime.

2.3				APPROPRIATIONS
	
2.4				Available for the Year
	
2.5				Ending June 30
	
2.6					2012
		2013

2.7	Sec. 2. OUTDOOR HERITAGE

2.8	Subdivision 1.Total Appropriation
 	$
	86,484,000
	$
	471,000
	
2.9 	This appropriation is from the outdoor 
2.10 	heritage fund. The amounts that may be 
2.11 	spent for each purpose are specified in the 
2.12 	following subdivisions.

2.13	Subd. 2.Prairies
 		32,671,000
		-0-
	
2.14 	(a) Wildlife Management Area, Scientific 
2.15 	and Natural Areas, and Prairie Bank 
2.16 	Easement Acquisition - Phase III
2.17 	$3,931,000 the first year is to the 
2.18 	commissioner of natural resources to:
2.19 	(1) acquire land in fee for wildlife 
2.20 	management area purposes under Minnesota 
2.21 	Statutes, sections 86A.05, subdivision 8, and 
2.22 	97A.145;
2.23 	(2) acquire land in fee for scientific and 
2.24 	natural area purposes under Minnesota 
2.25 	Statutes, sections 84.033 and 86A.05, 
2.26 	subdivision 5; and
2.27 	(3) acquire native prairie bank easements 
2.28 	under Minnesota Statutes, section 84.96.
2.29 	A list of proposed land or permanent 
2.30 	conservation easement acquisitions must 
2.31 	be provided as part of the required 
2.32 	accomplishment plan. The accomplishment 
2.33 	plan must include an easement monitoring 
2.34 	and enforcement plan. Up to $14,000 is for 
3.1 	establishing a monitoring and enforcement 
3.2 	fund as approved in the accomplishment 
3.3 	plan, and subject to subdivision 15. An 
3.4 	annual financial report is required for 
3.5 	any monitoring and enforcement fund 
3.6 	established, including expenditures from the 
3.7 	fund.
3.8 	(b) Accelerated Prairie Restoration and 
3.9 	Enhancement on DNR Lands - Phase III
3.10 	$1,652,000 the first year is to the 
3.11 	commissioner of natural resources to 
3.12 	accelerate the restoration and enhancement 
3.13 	on wildlife management areas, scientific and 
3.14 	natural areas, and land under native prairie 
3.15 	bank easements.
3.16 	(c) Minnesota Buffers for Wildlife and 
3.17 	Water
3.18 	$2,249,000 the first year is to the Board of 
3.19 	Water and Soil Resources in cooperation 
3.20 	with Pheasants Forever to acquire permanent 
3.21 	conservation easements to enhance habitat 
3.22 	by expanding riparian wildlife buffers on 
3.23 	private land. A list of proposed easement 
3.24 	acquisitions must be provided as part of 
3.25 	the required accomplishment plan. The 
3.26 	accomplishment plan must include an 
3.27 	easement monitoring and enforcement 
3.28 	plan. Up to $200,000 is for establishing 
3.29 	a monitoring and enforcement fund as 
3.30 	approved in the accomplishment plan 
3.31 	and subject to subdivision 15. An annual 
3.32 	financial report is required for any monitoring 
3.33 	and enforcement fund established, including 
3.34 	expenditures from the fund.
4.1 	(d) Northern Tallgrass Prairie National 
4.2 	Wildlife Refuge Land Acquisition - Phase 
4.3 	III
4.4 	$1,720,000 the first year is to the 
4.5 	commissioner of natural resources for an 
4.6 	agreement with The Nature Conservancy 
4.7 	to acquire land or permanent easements 
4.8 	within the Northern Tallgrass Prairie Habitat 
4.9 	Preservation Area in western Minnesota for 
4.10 	addition to the Northern Tallgrass Prairie 
4.11 	National Wildlife Refuge. A list of proposed 
4.12 	land acquisitions must be provided as part 
4.13 	of the required accomplishment plan. The 
4.14 	accomplishment plan must include an 
4.15 	easement monitoring and enforcement plan.
4.16 	(e) Minnesota Prairie Recovery Project - 
4.17 	Phase II
4.18 	$4,500,000 the first year is to the 
4.19 	commissioner of natural resources for an 
4.20 	agreement with The Nature Conservancy to 
4.21 	acquire native prairie and savanna and restore 
4.22 	and enhance grasslands and savanna. A list of 
4.23 	proposed land acquisitions must be provided 
4.24 	as part of the required accomplishment plan. 
4.25 	Acquisitions, restorations, and enhancements 
4.26 	must be within the two existing and two 
4.27 	additional pilot focus areas contained in 
4.28 	the accomplishment plan. Annual income 
4.29 	statements and balance sheets for income 
4.30 	and expenses from land acquired with 
4.31 	appropriations from the outdoor heritage 
4.32 	fund must be submitted to the Lessard-Sams 
4.33 	Outdoor Heritage Council.
4.34 	(f) Cannon River Headwaters Habitat 
4.35 	Complex - Phase I
5.1 	$1,533,000 the first year is to the 
5.2 	commissioner of natural resources for an 
5.3 	agreement with The Trust for Public Land 
5.4 	to acquire and restore lands in the Cannon 
5.5 	River watershed for wildlife management 
5.6 	area purposes under Minnesota Statutes, 
5.7 	section 86A.05, subdivision 8, or aquatic 
5.8 	management areas under Minnesota Statutes, 
5.9 	sections 86A.05, subdivision 14, and 
5.10 	97C.02. A list of proposed land acquisitions 
5.11 	must be provided as part of the required 
5.12 	accomplishment plan.
5.13 	(g) Accelerating the Wildlife Management 
5.14 	Area Program - Phase III
5.15 	$5,500,000 the first year is to the 
5.16 	commissioner of natural resources for an 
5.17 	agreement with Pheasants Forever to acquire 
5.18 	prairie and other habitat areas for wildlife 
5.19 	management area purposes under Minnesota 
5.20 	Statutes, section 86A.05, subdivision 
5.21 	8. A list of proposed land acquisitions 
5.22 	must be provided as part of the required 
5.23 	accomplishment plan.
5.24 	(h) Accelerating the Waterfowl Production 
5.25 	Area Program - Phase III
5.26 	$9,815,000 the first year is to the 
5.27 	commissioner of natural resources for 
5.28 	an agreement with Pheasants Forever to 
5.29 	accelerate the acquisition of wetlands and 
5.30 	grasslands to be added to the waterfowl 
5.31 	production area system in Minnesota in 
5.32 	cooperation with the United States Fish and 
5.33 	Wildlife Service. A list of proposed land 
5.34 	acquisitions must be provided as part of the 
5.35 	required accomplishment plan.
6.1 	(i) The Green Corridor Legacy Program - 
6.2 	Phase III
6.3 	$1,771,000 the first year is to the 
6.4 	commissioner of natural resources for 
6.5 	an agreement with the Redwood Area 
6.6 	Development Corporation to acquire land 
6.7 	for wildlife management area purposes 
6.8 	under Minnesota Statutes, section 86A.05, 
6.9 	subdivision 8, or aquatic management areas 
6.10 	under Minnesota Statutes, sections 86A.05, 
6.11 	subdivision 14, and 97C.02. A list of 
6.12 	proposed land acquisitions must be provided 
6.13 	as part of the required accomplishment plan.

6.14	Subd. 3.Forests
 		14,371,000
		-0-
	
6.15 	(a) Minnesota Forests for the Future - 
6.16 	Phase III
6.17 	$5,409,000 the first year is to the 
6.18 	commissioner of natural resources to 
6.19 	acquire forest and wetland habitat through 
6.20 	working forest easements and fee acquisition 
6.21 	under the Minnesota forests for the future 
6.22 	program pursuant to Minnesota Statutes, 
6.23 	section 84.66. A conservation easement 
6.24 	acquired with money appropriated under this 
6.25 	paragraph must comply with subdivision 
6.26 	13. A list of proposed land acquisitions 
6.27 	must be provided as part of the required 
6.28 	accomplishment plan. The accomplishment 
6.29 	plan must include an easement monitoring 
6.30 	and enforcement plan. Up to $150,000 is for 
6.31 	establishing a monitoring and enforcement 
6.32 	fund as approved in the accomplishment plan 
6.33 	and subject to subdivision 15. An annual 
6.34 	financial report is required for any monitoring 
7.1 	and enforcement fund established, including 
7.2 	expenditures from the fund. 
7.3 	(b) LaSalle Lake: Protecting Critical 
7.4 	Mississippi Headwaters Habitat
7.5 	$4,632,000 the first year is to the 
7.6 	commissioner of natural resources for an 
7.7 	agreement with The Trust for Public Land 
7.8 	to acquire land adjacent to LaSalle Lake in 
7.9 	Hubbard County. A list of proposed land 
7.10 	acquisitions must be provided as part of 
7.11 	the required accomplishment plan. If the 
7.12 	acquisition is not completed by July 15, 
7.13 	2012, or if a balance remains after acquisition 
7.14 	of land, the money under this paragraph is 
7.15 	available for acquisition under subdivision 
7.16 	2, paragraph (a).
7.17 	(c) Accelerated Forest Habitat 
7.18 	Enhancement - Phase II
7.19 	$826,000 the first year is to the commissioner 
7.20 	of natural resources to restore and enhance 
7.21 	lands in state forests, pursuant to Minnesota 
7.22 	Statutes, section 89.021.
7.23 	(d) Northeastern Minnesota Sharp-Tailed 
7.24 	Grouse Habitat Partnership - Phase II
7.25 	$988,000 the first year is to the commissioner 
7.26 	of natural resources for an agreement with 
7.27 	Pheasants Forever in cooperation with the 
7.28 	Minnesota Sharp-Tailed Grouse Society 
7.29 	to acquire and enhance lands for wildlife 
7.30 	management area purposes under Minnesota 
7.31 	Statutes, section 86A.05, subdivision 
7.32 	8.  A list of proposed land acquisitions 
7.33 	must be provided as part of the required 
7.34 	accomplishment plan.
8.1 	(e) Lower Mississippi River Habitat 
8.2 	Partnership - Phase II
8.3 	$707,000 the first year is to the commissioner 
8.4 	of natural resources to acquire and enhance 
8.5 	habitat in the lower Root River and 
8.6 	lower Zumbro River watersheds, pursuant 
8.7 	to Minnesota Statutes, section 86A.05, 
8.8 	subdivisions 7 and 8. A list of proposed land 
8.9 	acquisitions must be provided as part of the 
8.10 	required accomplishment plan.
8.11 	(f) Protect Key Forest Habitat Lands in 
8.12 	Cass County - Phase II
8.13 	$604,000 the first year is to the commissioner 
8.14 	of natural resources for an agreement with 
8.15 	Cass County to acquire land in fee for forest 
8.16 	wildlife habitat. A list of proposed land 
8.17 	acquisitions must be provided as part of the 
8.18 	required accomplishment plan.
8.19 	(g) State Forest Acquisition
8.20 	$1,205,000 the first year is to the 
8.21 	commissioner of natural resources to acquire 
8.22 	land in fee and permanent management 
8.23 	access easements for state forests under 
8.24 	Minnesota Statutes, section 86A.05, 
8.25 	subdivision 7. A list of proposed land 
8.26 	acquisitions must be provided as part of the 
8.27 	required accomplishment plan. 

8.28	Subd. 4.Wetlands
 		15,827,000
		-0-
	
8.29 	(a) Reinvest in Minnesota Wetlands 
8.30 	Reserve Acquisition and Restoration 
8.31 	Program Partnership - Phase III
8.32 	$13,000,000 the first year is to the Board 
8.33 	of Water and Soil Resources to acquire 
8.34 	permanent conservation easements and 
9.1 	restore wetlands and associated upland 
9.2 	habitat in cooperation with the United States 
9.3 	Department of Agriculture Wetlands Reserve 
9.4 	Program. A list of proposed land acquisitions 
9.5 	must be provided as part of the required 
9.6 	accomplishment plan. The accomplishment 
9.7 	plan must include an easement monitoring 
9.8 	and enforcement plan. Up to $112,000 is for 
9.9 	establishing a monitoring and enforcement 
9.10 	fund as approved in the accomplishment plan 
9.11 	and subject to subdivision 15. An annual 
9.12 	financial report is required for any monitoring 
9.13 	and enforcement fund established, including 
9.14 	expenditures from the fund and a description 
9.15 	of monitoring and enforcement activities.
9.16 	(b) Accelerated Shallow Lakes and 
9.17 	Wetlands Restoration and Enhancement - 
9.18 	Phase III
9.19 	$936,000 the first year is to the commissioner 
9.20 	of natural resources to develop engineering 
9.21 	designs for shallow lakes and wetlands and 
9.22 	restore and enhance shallow lakes.
9.23 	(c) Shallow Lake Shoreland Protection: 
9.24 	Wild Rice Lakes
9.25 	$1,891,000 the first year is to the Board of 
9.26 	Water and Soil Resources for an agreement 
9.27 	with Ducks Unlimited to acquire wild 
9.28 	rice lake shoreland habitat in fee and as 
9.29 	permanent conservation easements as 
9.30 	follows: $500,000 to the Department of 
9.31 	Natural Resources; $1,100,000 to the Board 
9.32 	of Water and Soil Resources; and $291,000 
9.33 	to Ducks Unlimited. A list of proposed 
9.34 	land acquisitions must be provided as 
9.35 	part of the required accomplishment plan. 
10.1 	The accomplishment plan must include 
10.2 	an easement monitoring and enforcement 
10.3 	plan. Up to $18,000 is for establishing 
10.4 	a monitoring and enforcement fund as 
10.5 	approved in the accomplishment plan 
10.6 	and subject to subdivision 15. An annual 
10.7 	financial report is required for any monitoring 
10.8 	and enforcement fund established, including 
10.9 	expenditures from the fund. 

10.10	Subd. 5.Habitat
 		22,914,000
		-0-
	
10.11 	(a) Accelerated Aquatic Management 
10.12 	Area Habitat Program - Phase III
10.13 	$6,500,000 the first year is to the 
10.14 	commissioner of natural resources to 
10.15 	acquire interests in land in fee or permanent 
10.16 	conservation easements for aquatic 
10.17 	management areas under Minnesota Statutes, 
10.18 	sections 86A.05, subdivision 14, and 97C.02, 
10.19 	and to restore and enhance aquatic habitat. A 
10.20 	list of proposed acquisitions and stream and 
10.21 	lake habitat restorations and enhancements 
10.22 	must be provided as part of the required 
10.23 	accomplishment plan. The accomplishment 
10.24 	plan must include an easement monitoring 
10.25 	and enforcement plan.
10.26 	(b) Coldwater Fish Habitat Enhancement 
10.27 	Program - Phase III
10.28 	$1,533,000 the first year is to the 
10.29 	commissioner of natural resources for an 
10.30 	agreement with Minnesota Trout Unlimited 
10.31 	to restore, enhance, and protect coldwater 
10.32 	river and stream habitats in Minnesota. A list 
10.33 	of proposed projects, describing types and 
10.34 	locations of restorations and enhancements, 
11.1 	must be provided as part of the required 
11.2 	accomplishment plan.
11.3 	(c) Land Addition to the Janet Johnson 
11.4 	Memorial Wildlife Management Area
11.5 	$577,000 the first year is to the commissioner 
11.6 	of natural resources for an agreement with 
11.7 	Chisago County to acquire land in fee to 
11.8 	be added to the Janet Johnson Memorial 
11.9 	Wildlife Management Area under Minnesota 
11.10 	Statutes, section 86A.05, subdivision 
11.11 	8. A list of proposed land acquisitions 
11.12 	must be provided as part of the required 
11.13 	accomplishment plan.
11.14 	(d) Metro Big Rivers Habitat - Phase II
11.15 	$5,000,000 the first year is to the 
11.16 	commissioner of natural resources for 
11.17 	agreements to acquire interests in land in 
11.18 	fee or permanent conservation easements 
11.19 	and to restore and enhance natural systems 
11.20 	associated with the Mississippi, Minnesota, 
11.21 	and St. Croix Rivers as follows: $960,000 
11.22 	to the Minnesota Valley National Wildlife 
11.23 	Refuge Trust, Inc.; $150,000 to Great 
11.24 	River Greening; $840,000 to Minnesota 
11.25 	Land Trust; $150,000 to Friends of the 
11.26 	Mississippi River; and $2,900,000 to The 
11.27 	Trust for Public Land. A list of proposed 
11.28 	projects, describing types and locations of 
11.29 	acquisitions, restorations, and enhancements, 
11.30 	must be provided as part of the required 
11.31 	accomplishment plan. The accomplishment 
11.32 	plan must include an easement monitoring 
11.33 	and enforcement plan. Money appropriated 
11.34 	from the outdoor heritage fund for easement 
11.35 	acquisition may be used to establish a 
12.1 	monitoring and enforcement fund as 
12.2 	approved in the accomplishment plan 
12.3 	and subject to subdivision 15. An annual 
12.4 	financial report is required for any monitoring 
12.5 	and enforcement fund established, including 
12.6 	expenditures from the fund.
12.7 	(e) Protecting Sensitive Shorelands in 
12.8 	North Central Minnesota
12.9 	$1,098,000 the first year is to the 
12.10 	commissioner of natural resources for 
12.11 	agreements with the Leech Lake Watershed 
12.12 	Foundation and the Minnesota Land Trust 
12.13 	as follows: $339,000 to the Leech Lake 
12.14 	Watershed Foundation; $741,000 to the 
12.15 	Minnesota Land Trust; and $18,000 to the 
12.16 	Department of Natural Resources to pay for 
12.17 	acquisition-related expenses and monitoring 
12.18 	costs of donated permanent conservation 
12.19 	easements on sensitive shorelands in north 
12.20 	central Minnesota. A list of proposed land 
12.21 	acquisitions must be provided as part of 
12.22 	the required accomplishment plan. The 
12.23 	accomplishment plan must include an 
12.24 	easement monitoring and enforcement 
12.25 	plan. Up to $342,000 is for establishing 
12.26 	a monitoring and enforcement fund as 
12.27 	approved in the accomplishment plan 
12.28 	and subject to subdivision 15. An annual 
12.29 	financial report is required for any monitoring 
12.30 	and enforcement fund established, including 
12.31 	expenditures from the fund.
12.32 	(f) Restoring Native Habitat and Water 
12.33 	Quality to Shell Rock River - Phase II
12.34 	$2,577,000 the first year is to the 
12.35 	commissioner of natural resources for 
13.1 	an agreement with the Shell Rock River 
13.2 	Watershed District to acquire land in fee 
13.3 	at the headwaters of the Shell Rock River 
13.4 	for aquatic management area purposes 
13.5 	under Minnesota Statutes, sections 86A.05, 
13.6 	subdivision 14, and 97C.02, to restore 
13.7 	and enhance aquatic habitat. The leases 
13.8 	for gravel mining existing at the time of 
13.9 	acquisition may not be extended and all gross 
13.10 	income generated from mining operations 
13.11 	must be transferred to the commissioner of 
13.12 	management and budget and credited to the 
13.13 	outdoor heritage fund. A list of proposed 
13.14 	land acquisitions must be provided as part of 
13.15 	the required accomplishment plan.
13.16 	(g) Outdoor Heritage Conservation 
13.17 	Partners Grant Program - Phase III
13.18 	$5,629,000 the first year is to the 
13.19 	commissioner of natural resources for a 
13.20 	program to provide competitive, matching 
13.21 	grants of up to $400,000 to local, regional, 
13.22 	state, and national organizations for 
13.23 	enhancement, restoration, or protection of 
13.24 	forests, wetlands, prairies, and habitat for 
13.25 	fish, game, or wildlife in Minnesota. Grants 
13.26 	shall not be made for activities required to 
13.27 	fulfill the duties of owners of lands subject 
13.28 	to conservation easements.  Grants shall 
13.29 	not be made from appropriations in this 
13.30 	paragraph for projects that have a total 
13.31 	project cost exceeding $475,000. $319,000 
13.32 	of this appropriation may be spent for 
13.33 	personnel costs and other administrative 
13.34 	costs. Grantees may acquire land or interests 
13.35 	in land. Easements must be permanent. 
13.36 	Land acquired in fee must be open to 
14.1 	hunting and fishing during the open season 
14.2 	unless otherwise provided by state law. The 
14.3 	program shall require a match of at least ten 
14.4 	percent from nonstate sources for grants of 
14.5 	$100,000 or less and a match of at least 15 
14.6 	percent from nonstate sources for grants over 
14.7 	$100,000. Up to one-third of the match may 
14.8 	be in-kind resources. For grant applications 
14.9 	of $25,000 or less, the commissioner shall 
14.10 	provide a separate, simplified application 
14.11 	process. The criteria for evaluating grant 
14.12 	applications over $25,000 must include the 
14.13 	amount of habitat restored, enhanced, or 
14.14 	protected; local support; encouragement 
14.15 	of a local conservation culture; urgency; 
14.16 	capacity to achieve multiple benefits; 
14.17 	habitat benefits provided; consistency with 
14.18 	current conservation science; adjacency 
14.19 	to protected lands; full funding of the 
14.20 	project; supplementing existing funding; 
14.21 	public access for hunting and fishing during 
14.22 	the open season; sustainability; degree 
14.23 	of collaboration; and use of native plant 
14.24 	materials. All projects must conform to 
14.25 	the Minnesota statewide conservation and 
14.26 	preservation plan. Wildlife habitat projects 
14.27 	must also conform to the Minnesota wildlife 
14.28 	action plan. Subject to the evaluation 
14.29 	criteria and requirements of this paragraph 
14.30 	and Minnesota Statutes, the commissioner 
14.31 	of natural resources shall give priority to 
14.32 	organizations that have a history of receiving 
14.33 	or charter to receive private contributions 
14.34 	for local conservation or habitat projects 
14.35 	when evaluating projects of equal value. If 
14.36 	acquiring land or a conservation easement, 
15.1 	priority shall be given to projects associated 
15.2 	with existing wildlife management areas 
15.3 	under Minnesota Statutes, section 86A.05, 
15.4 	subdivision 8; scientific and natural areas 
15.5 	under Minnesota Statutes, sections 84.033 
15.6 	and 86A.05, subdivision 5; and aquatic 
15.7 	management areas under Minnesota Statutes, 
15.8 	sections 86A.05, subdivision 14, and 97C.02. 
15.9 	All restoration or enhancement projects 
15.10 	must be on land permanently protected by a 
15.11 	conservation easement or public ownership 
15.12 	or in public waters as defined in Minnesota 
15.13 	Statutes, section 103G.005, subdivision 
15.14 	15. Priority shall be given to restoration 
15.15 	and enhancement projects on public lands. 
15.16 	Subdivision 9 applies to grants awarded 
15.17 	under this paragraph. This appropriation is 
15.18 	available until June 30, 2015. No less than 
15.19 	five percent of the amount of each grant 
15.20 	must be held back from reimbursement until 
15.21 	the grant recipient has completed a grant 
15.22 	accomplishment report by the deadline and 
15.23 	in the form prescribed by and satisfactory to 
15.24 	the Lessard-Sams Outdoor Heritage Council. 
15.25 	The commissioner shall provide notice of the 
15.26 	grant program in the 2011 game and fish law 
15.27 	summaries that are prepared under Minnesota 
15.28 	Statutes, section 97A.051, subdivision 2.

15.29	Subd. 6.Administration
 		701,000
		471,000
	
15.30 	(a) Contract Management
15.31 	$175,000 the first year is to the commissioner 
15.32 	of natural resources for contract management 
15.33 	duties assigned in this section. The 
15.34 	commissioner shall provide documentation 
16.1 	to the Legislative Coordinating Commission 
16.2 	on the expenditure of these funds.
16.3 	(b) Legislative Coordinating Commission
16.4 	(1) $471,000 the first year and $471,000 
16.5 	the second year are to the Legislative 
16.6 	Coordinating Commission for two years of 
16.7 	administrative expenses of the Lessard-Sams 
16.8 	Outdoor Heritage Council and for two years 
16.9 	of compensation and expense reimbursement 
16.10 	of council members.
16.11 	(2) $13,000 the first year is to the Legislative 
16.12 	Coordinating Commission for the Web site 
16.13 	required under Minnesota Statutes, section 
16.14 	3.303, subdivision 10.
16.15 	(c) Technical Evaluation Panel
16.16 	$42,000 the first year is to the commissioner 
16.17 	of natural resources for a technical evaluation 
16.18 	panel to conduct up to ten restoration 
16.19 	evaluations under Minnesota Statutes, 
16.20 	section 97A.056, subdivision 10.

16.21	Subd. 7.Availability of Appropriation
 					
16.22 	Money appropriated in this section may 
16.23 	not be spent on activities unless they are 
16.24 	directly related to and necessary for a 
16.25 	specific appropriation and are specified 
16.26 	in the accomplishment plan. Money 
16.27 	appropriated in this section must not be 
16.28 	spent on indirect costs or other institutional 
16.29 	overhead charges that are not directly related 
16.30 	to and necessary for a specific appropriation. 
16.31 	Unless otherwise provided, the amounts 
16.32 	in this section are available until June 30, 
16.33 	2014, when projects must be completed and 
16.34 	final accomplishments reported. Funds for 
17.1 	restoration or enhancement are available 
17.2 	until June 30, 2016, or four years after 
17.3 	acquisition, whichever is later, in order to 
17.4 	complete restoration or enhancement work. 
17.5 	If a project receives federal funds, the time 
17.6 	period of the appropriation is extended to 
17.7 	equal the availability of federal funding. 
17.8 	Funds appropriated for fee title acquisition 
17.9 	of  land may be used to restore, enhance, and 
17.10 	provide for the public use of land acquired 
17.11 	with the appropriation. Public use facilities 
17.12 	must have a minimal impact on habitat on 
17.13 	acquired lands.

17.14	Subd. 8.Accomplishment Plans
 					
17.15 	It is a condition of acceptance of the 
17.16 	appropriations made under this section that 
17.17 	the  agency or entity using the appropriation 
17.18 	submit to the Lessard-Sams Outdoor 
17.19 	Heritage Council an accomplishment  plan 
17.20 	and periodic accomplishment  reports in 
17.21 	the form determined by the council. The 
17.22 	accomplishment plan must identify the 
17.23 	project manager responsible for expending 
17.24 	the appropriation and the final product. The 
17.25 	accomplishment plan must account for  the 
17.26 	use of the appropriation and outcomes  of 
17.27 	the expenditure in measures of wetlands, 
17.28 	prairies, forests, and fish, game, and wildlife 
17.29 	habitat restored, protected, and enhanced. 
17.30 	The plan must include an evaluation of 
17.31 	results. None of the money provided in this 
17.32 	section may be expended unless the council 
17.33 	has approved the pertinent accomplishment 
17.34 	plan.

17.35	Subd. 9.Project Requirements
 					
18.1 	(a) As a condition of accepting an 
18.2 	appropriation made under this section, an 
18.3 	agency or entity receiving an appropriation 
18.4 	must comply with this subdivision for any 
18.5 	project funded in whole or in part with funds 
18.6 	from the appropriation.
18.7 	(b) All conservation easements acquired with 
18.8 	money appropriated under this section must: 
18.9 	(1) be permanent; (2) specify the parties to 
18.10 	the easement; (3) specify all of the provisions 
18.11 	of an agreement that are permanent; (4) 
18.12 	specify the habitat types and location 
18.13 	being protected; (5) where appropriate for 
18.14 	conservation or water protection outcomes, 
18.15 	require the grantor to employ practices 
18.16 	retaining water on the eased land as long as 
18.17 	practicable; (6) specify the responsibilities 
18.18 	of the parties for habitat enhancement and 
18.19 	restoration and the associated costs of these 
18.20 	activities; (7) be sent to the office of the 
18.21 	Lessard-Sams Outdoor Heritage Council; (8) 
18.22 	include a long-term stewardship plan and 
18.23 	identify the sources and amount of funding 
18.24 	for monitoring and enforcing the easement 
18.25 	agreement; and (9) identify the parties 
18.26 	responsible for monitoring and enforcing the 
18.27 	easement agreement.
18.28 	(c) For all restorations, a recipient must 
18.29 	prepare and retain an ecological restoration 
18.30 	and management plan that, to the degree 
18.31 	practicable, is consistent with current 
18.32 	conservation science and ecological goals 
18.33 	for the restoration site. Consideration should 
18.34 	be given to soil, geology, topography, and 
18.35 	other relevant factors that would provide 
18.36 	the best chance for long-term success and 
19.1 	durability of the restoration projects. The 
19.2 	plan must include the proposed timetable for 
19.3 	implementing the restoration, including, but 
19.4 	not limited to, site preparation, establishment 
19.5 	of diverse plant species, maintenance, and 
19.6 	additional enhancement to establish the 
19.7 	restoration; identify long-term maintenance 
19.8 	and management needs of the restoration 
19.9 	and how the maintenance, management, 
19.10 	and enhancement will be financed; and use 
19.11 	current conservation science to achieve the 
19.12 	best restoration.
19.13 	(d) For new lands acquired, a recipient 
19.14 	must prepare a restoration and management 
19.15 	plan in compliance with paragraph (c), 
19.16 	including identification of sufficient funding 
19.17 	for implementation.
19.18 	(e) To ensure public accountability for the 
19.19 	use of public funds, a recipient must provide 
19.20 	to the Lessard-Sams Outdoor Heritage 
19.21 	Council documentation of the process 
19.22 	used to select parcels acquired in fee or as 
19.23 	permanent conservation easements and must 
19.24 	provide the council with documentation 
19.25 	of all related transaction costs, including, 
19.26 	but not limited to, appraisals, legal fees, 
19.27 	recording fees, commissions, other similar 
19.28 	costs, and donations. This information 
19.29 	must be provided for all parties involved 
19.30 	in the transaction. The recipient must 
19.31 	also report to the Lessard-Sams Outdoor 
19.32 	Heritage Council any difference between the 
19.33 	acquisition amount paid to the seller and the 
19.34 	state-certified or state-reviewed appraisal, if 
19.35 	a state-certified or state-reviewed appraisal 
19.36 	was conducted. Acquisition data such 
20.1 	as appraisals may remain private during 
20.2 	negotiations but must ultimately be made 
20.3 	public according to Minnesota Statutes, 
20.4 	chapter 13.
20.5 	(f) Except as otherwise provided in this 
20.6 	section, all restoration and enhancement 
20.7 	projects funded with money appropriated 
20.8 	under this section must be on land 
20.9 	permanently protected by a conservation 
20.10 	easement or public ownership or in public 
20.11 	waters as defined in Minnesota Statutes, 
20.12 	section 103G.005, subdivision 15.
20.13 	(g) To the extent an appropriation is used to 
20.14 	acquire an interest in real property, a recipient 
20.15 	of an appropriation under this section must 
20.16 	provide to the Lessard-Sams Outdoor 
20.17 	Heritage Council and the commissioner 
20.18 	of management and budget an analysis of 
20.19 	increased operations and maintenance costs 
20.20 	likely to be incurred by public entities as 
20.21 	a result of the acquisition and of how these 
20.22 	costs are to be paid.
20.23 	(h) A recipient of money from an 
20.24 	appropriation under this section must give 
20.25 	consideration to and make timely written 
20.26 	contact with Conservation Corps Minnesota 
20.27 	for possible use of the corps' services to 
20.28 	contract for restoration and enhancement 
20.29 	services. A copy of the written contact 
20.30 	must be filed with the Lessard-Sams 
20.31 	Outdoor Heritage Council within 15 days of 
20.32 	execution.
20.33 	(i) A recipient of money under this section 
20.34 	must erect signage according to Laws 2009, 
20.35 	chapter 172, article 5, section 10.

21.1
21.2	Subd. 10.Payment Conditions and Capital 
Equipment Expenditures
 					
21.3 	All agreements, grants, or contracts referred 
21.4 	to in this section must be administered on 
21.5 	a reimbursement basis unless otherwise 
21.6 	provided in this section. Notwithstanding 
21.7 	Minnesota Statutes, section 16A.41, 
21.8 	expenditures directly related to each 
21.9 	appropriation's purpose made on or after July 
21.10 	1, 2011, are eligible for reimbursement unless 
21.11 	otherwise provided in this section. Periodic 
21.12 	reimbursement must be made upon receiving 
21.13 	documentation that the deliverable items 
21.14 	articulated in the approved accomplishment 
21.15 	plan have been achieved, including partial 
21.16 	achievements as evidenced by approved 
21.17 	progress reports. Reasonable amounts may 
21.18 	be advanced to projects to accommodate 
21.19 	cash flow needs, support future management 
21.20 	of acquired lands, or match a federal share. 
21.21 	The advances must be approved as part of 
21.22 	the accomplishment plan. Capital equipment 
21.23 	expenditures for specific items in excess of 
21.24 	$10,000 must be itemized in and approved as 
21.25 	part of the accomplishment plan.

21.26
21.27	Subd. 11.Purchase of Recycled and Recyclable 
Materials
 					
21.28 	A political subdivision, public or private 
21.29 	corporation, or other entity that receives an 
21.30 	appropriation under this section must use the 
21.31 	appropriation in compliance with Minnesota 
21.32 	Statutes, sections 16B.121, regarding 
21.33 	purchase of recycled, repairable, and durable 
21.34 	materials, and 16B.122, regarding purchase 
21.35 	and use of paper stock and printing.

22.1	Subd. 12.Accessibility
 					
22.2 	Structural and nonstructural facilities must 
22.3 	meet the design standards in the Americans 
22.4 	with Disabilities Act (ADA) accessibility 
22.5 	guidelines.

22.6	Subd. 13.Land Acquisition Restrictions
 					
22.7 	(a) An interest in real property, including, but 
22.8 	not limited to, an easement or fee title that 
22.9 	is acquired with money appropriated under 
22.10 	this section must be used in perpetuity or for 
22.11 	the specific term of an easement interest for 
22.12 	the purpose for which the appropriation was 
22.13 	made.
22.14 	(b) A recipient of funding who acquires 
22.15 	an interest in real property subject to this 
22.16 	subdivision may not alter the intended use 
22.17 	of the interest in real property or convey 
22.18 	any interest in the real property acquired 
22.19 	with the appropriation without the prior 
22.20 	review and approval of the Lessard-Sams 
22.21 	Outdoor Heritage Council or its successor. 
22.22 	The council shall notify the chairs and 
22.23 	ranking minority members of the legislative 
22.24 	committees and divisions with jurisdiction 
22.25 	over the outdoor heritage fund at least 15 
22.26 	business days before approval under this 
22.27 	paragraph. The council shall establish 
22.28 	procedures to review requests from recipients 
22.29 	to alter the use of or convey an interest in 
22.30 	real property. These procedures shall allow 
22.31 	for the replacement of the interest in real 
22.32 	property with another interest in real property 
22.33 	meeting the following criteria: (1) the 
22.34 	interest must be at least equal in fair market 
22.35 	value, as certified by the commissioner 
23.1 	of natural resources, to the interest being 
23.2 	replaced; and (2) the interest must be in a 
23.3 	reasonably equivalent  location and have a 
23.4 	reasonably equivalent  useful conservation 
23.5 	purpose compared to the  interest being 
23.6 	replaced, taking into consideration all effects 
23.7 	from fragmentation of the whole habitat.
23.8 	(c) A recipient of funding who acquires an 
23.9 	interest in real property under paragraph 
23.10 	(a) must separately record a notice of 
23.11 	funding restrictions in the appropriate local 
23.12 	government office where the conveyance 
23.13 	of the interest in real property is filed. The 
23.14 	notice of funding agreement must contain: 
23.15 	(1) a legal description of the interest in real 
23.16 	property covered by the funding agreement; 
23.17 	(2) a reference to the underlying funding 
23.18 	agreement; (3) a reference to this section; and 
23.19 	(4) the following statement: "This interest 
23.20 	in real property shall be administered in 
23.21 	accordance with the terms, conditions, and 
23.22 	purposes of the grant agreement controlling 
23.23 	the acquisition of the property. The interest 
23.24 	in real property, or any portion of the interest 
23.25 	in real property, shall not be sold, transferred, 
23.26 	pledged, or otherwise disposed of or further 
23.27 	encumbered without obtaining the prior 
23.28 	written approval of the Lessard-Sams 
23.29 	Outdoor Heritage Council or its successor. 
23.30 	The ownership of the interest in real property 
23.31 	shall transfer to the state if: (1) the holder of 
23.32 	the interest in real property fails to comply 
23.33 	with the terms and conditions of the grant 
23.34 	agreement or accomplishment plan; or 
23.35 	(2) restrictions are placed on the land that 
24.1 	preclude its use for the intended purpose as 
24.2 	specified in the appropriation."

24.3	Subd. 14.Real Property Interest Report
 					
24.4 	By December 1 each year, a recipient of 
24.5 	money appropriated under this section that 
24.6 	is used for the acquisition of an interest in 
24.7 	real property, including, but not limited to, 
24.8 	an easement or fee title, must submit annual 
24.9 	reports on the status of the real property to 
24.10 	the Lessard-Sams Outdoor Heritage Council 
24.11 	or its successor in a form determined by the 
24.12 	council. The responsibility for reporting 
24.13 	under this section may be transferred by 
24.14 	the recipient of the appropriation to another 
24.15 	person or entity that holds the interest in the 
24.16 	real property. To complete the transfer of 
24.17 	reporting responsibility, the recipient of the 
24.18 	appropriation must: (1) inform the person 
24.19 	to whom the responsibility is transferred of 
24.20 	that person's reporting responsibility; (2) 
24.21 	inform the person to whom the responsibility 
24.22 	is transferred of the property restrictions 
24.23 	under subdivision 13; and (3) provide written 
24.24 	notice to the council of the transfer of 
24.25 	reporting responsibility, including contact 
24.26 	information for the person to whom the 
24.27 	responsibility is transferred. After the 
24.28 	transfer, the person or entity that holds the 
24.29 	interest in the real property is responsible for 
24.30 	reporting requirements under this section.

24.31
24.32	Subd. 15.Easement Monitoring and 
Enforcement Requirements
 					
24.33 	Money appropriated under this section 
24.34 	for easement monitoring and enforcement 
24.35 	may be spent only on activities included in 
25.1 	an easement monitoring and enforcement 
25.2 	plan contained within the accomplishment 
25.3 	plan. Money received for monitoring 
25.4 	and enforcement, including earnings on 
25.5 	the money received, shall be kept in a 
25.6 	monitoring and enforcement fund held by 
25.7 	the organization and is appropriated for 
25.8 	monitoring and enforcing conservation 
25.9 	easements within Minnesota. Within 120 
25.10 	days after the close of the entity's fiscal 
25.11 	year, an entity receiving appropriations for 
25.12 	easement monitoring and enforcement must 
25.13 	provide an annual financial report to the 
25.14 	Lessard-Sams Outdoor Heritage Council on 
25.15 	the easement monitoring and enforcement 
25.16 	fund as specified in the accomplishment plan. 
25.17 	Money appropriated under this section for 
25.18 	monitoring and enforcement of easements 
25.19 	and earnings on the money appropriated 
25.20 	shall revert to the state if: (1) the easement 
25.21 	transfers to the state under subdivision 13; 
25.22 	(2) the holder of the easement fails to file 
25.23 	an annual report and then fails to cure that 
25.24 	default within 30 days of notification of the 
25.25 	default by the state; or (3) the holder of the 
25.26 	easement fails to comply with the terms 
25.27 	of the monitoring and enforcement plan 
25.28 	contained within the accomplishment plan 
25.29 	and fails to cure that default within 90 days 
25.30 	of notification of the default by the state.

25.31	Subd. 16.Successor Organizations
 					
25.32 	The Lessard-Sams Outdoor Heritage Council 
25.33 	may approve the continuation of a project 
25.34 	with an organization that has adopted 
25.35 	a new name. Continuation of a project 
25.36 	with an organization that has undergone 
26.1 	a significant change in mission, structure, 
26.2 	or purpose requires: (1) notice to the 
26.3 	chairs of the legislative committees with 
26.4 	relevant jurisdiction; and (2) presentation 
26.5 	by the council of proposed legislation either 
26.6 	ratifying or rejecting continued involvement 
26.7 	with the new organization.

26.8	Subd. 17.Appropriations Adjustment

26.926.10
	(a) Mississippi River Bluffland Prairie 
Protection Initiative.
					
26.11 	Of the amount appropriated in Laws 2009, 
26.12 	chapter 172, article 1, section 2, subdivision 
26.13 	2, paragraph (f), up to $65,000 is for deposit 
26.14 	in a monitoring and enforcement account as 
26.15 	authorized in subdivision 15.

26.16
26.17	(b) Critical Shoreline Habitat Protection 
Program
					
26.18 	Of the amount appropriated in Laws 2010, 
26.19 	chapter 361, article 1, section 2, subdivision 
26.20 	3, paragraph (a), up to $187,000 is for deposit 
26.21 	in a monitoring and enforcement account as 
26.22 	authorized in subdivision 15.

26.23
26.24	(c) Riparian and Lakeshore Protection in 
Dakota County
					
26.25 	Of the amount appropriated in Laws 2010, 
26.26 	chapter 361, article 1, section 2, subdivision 
26.27 	5, paragraph (d), up to $80,000 is for deposit 
26.28 	in a monitoring and enforcement account as 
26.29 	authorized in subdivision 15.

26.30	(d) Valley Creek Protection Partnership
					
26.31 	Of the amount appropriated in Laws 2010, 
26.32 	chapter 361, article 1, section 2, subdivision 
26.33 	5, paragraph (e), up to $12,000 is for deposit 
26.34 	in a monitoring and enforcement account as 
26.35 	authorized in subdivision 15.

27.1 	Sec. 3. [84.68] FORESTS FOR THE FUTURE CONSERVATION EASEMENT 
27.2 	ACCOUNT.
27.3 		Subdivision 1.Account established; sources. The forests for the future 
27.4 	conservation easement account is created in the natural resources fund in the state treasury. 
27.5 	The following revenue shall be deposited in the account:
27.6 	(1) contributions to the account or specified for any purposes of the account;
27.7 	(2) financial contributions required under section 84.66, subdivision 11, or other 
27.8 	applicable law; and
27.9 	(3) money appropriated or transferred for the purposes described in subdivision 2.
27.10 	Interest earned on money in the account accrues to the account.
27.11 		Subd. 2.Appropriation; purposes of account. Four percent of the balance on July 
27.12 	1 in the forests for the future conservation easement account is annually appropriated 
27.13 	to the commissioner of natural resources and may be spent only to cover the costs of 
27.14 	managing forests for the future conservation easements held by the Department of Natural 
27.15 	Resources, including costs incurred from monitoring, landowner contracts, record keeping, 
27.16 	processing landowner notices, requests for approval or amendments, and enforcement.

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

27.18 	Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 
27.19 	to read:
27.20 		Subd. 1a.Definitions. For the purpose of appropriations from the outdoor heritage 
27.21 	fund, "recipient" means the entity responsible for deliverables financed by the outdoor 
27.22 	heritage fund.

27.23 	EFFECTIVE DATE. This section is effective retroactively from July 1, 2009.

27.24 	Sec. 5. Minnesota Statutes 2010, section 97A.056, subdivision 2, is amended to read:
27.25 		Subd. 2.Lessard-Sams Outdoor Heritage Council. (a) The Lessard-Sams 
27.26 	Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of:
27.27 	(1) two public members appointed by the senate Subcommittee on Committees of 
27.28 	the Committee on Rules and Administration;
27.29 	(2) two public members appointed by the speaker of the house;
27.30 	(3) four public members appointed by the governor;
27.31 	(4) two members of the senate appointed by the senate Subcommittee on Committees 
27.32 	of the Committee on Rules and Administration; and
28.1 	(5) two members of the house of representatives appointed by the speaker of the 
28.2 	house.
28.3 	(b) Members appointed under paragraph (a) must not be registered lobbyists. 
28.4 	In making appointments, the governor, senate Subcommittee on Committees of the 
28.5 	Committee on Rules and Administration, and the speaker of the house shall consider 
28.6 	geographic balance, gender, age, ethnicity, and varying interests including hunting and 
28.7 	fishing. The governor's appointments to the council are subject to the advice and consent 
28.8 	of the senate.
28.9 	(c) Public members appointed under paragraph (a) shall have practical experience 
28.10 	or expertise or demonstrated knowledge in the science, policy, or practice of restoring, 
28.11 	protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and 
28.12 	wildlife.
28.13 	(d) Legislative members appointed under paragraph (a) shall include the chairs 
28.14 	of the legislative committees with jurisdiction over environment and natural resources 
28.15 	finance or their designee, one member from the minority party of the senate, and one 
28.16 	member from the minority party of the house of representatives.
28.17 	(e) Public members serve four-year terms and. Appointed legislative members serve 
28.18 	at the pleasure of the appointing authority. Public and legislative members continue to 
28.19 	serve until their successors are appointed.  Public members  shall be initially appointed 
28.20 	according to the following schedule of terms:
28.21 	(1) two public members appointed by the governor for a term ending the first 
28.22 	Monday in January 2011;
28.23 	(2) one public member appointed by the senate Subcommittee on Committees of the 
28.24 	Committee on Rules and Administration for a term ending the first Monday in January 
28.25 	2011;
28.26 	(3) one public member appointed by the speaker of the house for a term ending 
28.27 	the first Monday in January 2011;
28.28 	(4) two public members appointed by the governor for a term ending the first 
28.29 	Monday in January 2013;
28.30 	(5) one public member appointed by the senate Subcommittee on Committees of the 
28.31 	Committee on Rules and Administration for a term ending the first Monday in January 
28.32 	2013; and
28.33 	(6) one public member appointed by the speaker of the house for a term ending the 
28.34 	first Monday in January 2013; and.
28.35 	(7) two members of the senate appointed by the senate Subcommittee on Committees 
28.36 	of the Committee on Rules and Administration for a term ending the first Monday in 
29.1 	January 2013, and two members of the house of representatives appointed by the speaker 
29.2 	of the house for a term ending the first Monday in January 2013.
29.3 	(f) Compensation Terms, compensation, and removal of public members are as 
29.4 	provided in section 15.0575. A vacancy on the council may be filled by the appointing 
29.5 	authority for the remainder of the unexpired term.
29.6 	(g) The first meeting of the council shall be convened by the chair of the Legislative 
29.7 	Coordinating Commission no later than December 1, 2008. Members shall elect a chair, 
29.8 	vice-chair, secretary, and other officers as determined by the council. The chair may 
29.9 	convene meetings as necessary to conduct the duties prescribed by this section.
29.10 	(h) Upon coordination with and approval by the Legislative Coordinating 
29.11 	Commission, the council may appoint nonpartisan staff and contract with consultants 
29.12 	as necessary to carry out the functions of the council. Up to one percent of the money 
29.13 	appropriated from the fund may be used to pay for administrative expenses of the council 
29.14 	and for compensation and expense reimbursement of council members.

29.15 	Sec. 6. Minnesota Statutes 2010, section 97A.056, subdivision 3, is amended to read:
29.16 		Subd. 3.Council recommendations. (a) The council shall make recommendations 
29.17 	to the legislature on appropriations of money from the outdoor heritage fund that are 
29.18 	consistent with the Constitution and state law and that will achieve the outcomes of 
29.19 	existing natural resource plans, including, but not limited to, the Minnesota Statewide 
29.20 	Conservation and Preservation Plan, that directly relate to the restoration, protection, and 
29.21 	enhancement of wetlands, prairies, forests, and habitat for fish, game, and wildlife, and 
29.22 	that prevent forest fragmentation, encourage forest consolidation, and expand restored 
29.23 	native prairie. In making recommendations, the council shall consider a range of options 
29.24 	that would best restore, protect, and enhance wetlands, prairies, forests, and habitat 
29.25 	for fish, game, and wildlife, and shall not adopt definitions of "restore", "protect", or 
29.26 	"enhance" that would limit the council from considering options that are consistent with 
29.27 	the Constitution. The council shall submit its initial recommendations to the legislature no 
29.28 	later than April 1, 2009. Subsequent. The council's recommendations shall be submitted 
29.29 	no later than January 15 each year. The council shall present its recommendations to the 
29.30 	senate and house of representatives committees with jurisdiction over the environment 
29.31 	and natural resources budget by February 15 in odd-numbered years, and within the 
29.32 	first four weeks of the legislative session in even-numbered years. The council's budget 
29.33 	recommendations to the legislature shall be separate from the Department of Natural 
29.34 	Resource's budget recommendations.
30.1 	(b) To encourage and support local conservation efforts, the council shall establish a 
30.2 	conservation partners program. Local, regional, state, or national organizations may apply 
30.3 	for matching grants for restoration, protection, and enhancement of wetlands, prairies, 
30.4 	forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation, 
30.5 	encouragement of forest consolidation, and expansion of restored native prairie.
30.6 	(c) The council may work with the Clean Water Council to identify projects that 
30.7 	are consistent with both the purpose of the outdoor heritage fund and the purpose of 
30.8 	the clean water fund.
30.9 	(d) The council may make recommendations to the Legislative-Citizen Commission 
30.10 	on Minnesota Resources on scientific research that will assist in restoring, protecting, and 
30.11 	enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing 
30.12 	forest fragmentation, encouraging forest consolidation, and expanding restored native 
30.13 	prairie.
30.14 	(e) Recommendations of the council, including approval of recommendations for the 
30.15 	outdoor heritage fund, require an affirmative vote of at least nine members of the council.
30.16 	(f) The council may work with the Clean Water Council, the Legislative-Citizen 
30.17 	Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and 
30.18 	water conservation districts, and experts from Minnesota State Colleges and Universities 
30.19 	and the University of Minnesota in developing the council's recommendations.
30.20 	(g) The council shall develop and implement a process that ensures that citizens 
30.21 	and potential recipients of funds are included throughout the process, including the 
30.22 	development and finalization of the council's recommendations. The process must include 
30.23 	a fair, equitable, and thorough process for reviewing requests for funding and a clear and 
30.24 	easily understood process for ranking projects.
30.25 	(h) The council shall use the regions of the state based upon the ecological regions
30.26 	sections and subregions subsections developed by the Department of Natural Resources 
30.27 	and establish objectives for each region and subregion to achieve the purposes of the fund 
30.28 	outlined in the state constitution.
30.29 	(i) The council shall develop and submit to the Legislative Coordinating Commission 
30.30 	plans for the first ten years of funding, and a framework for 25 years of funding, consistent 
30.31 	with statutory and constitutional requirements. The council may use existing plans from 
30.32 	other legislative, state, and federal sources, as applicable.

30.33 	Sec. 7. Minnesota Statutes 2010, section 97A.056, subdivision 6, is amended to read:
30.34 		Subd. 6.Audit. The legislative auditor shall audit the outdoor heritage fund 
30.35 	expenditures, including administrative and staffing expenditures, every two years to 
31.1 	ensure that the money is spent to restore, protect, and enhance wetlands, prairies, forests, 
31.2 	and habitat for fish, game, and wildlife in compliance with all applicable law and the 
31.3 	Constitution.

31.4 	Sec. 8. Minnesota Statutes 2010, section 97A.056, subdivision 9, is amended to read:
31.5 		Subd. 9.Lands in public domain. Money appropriated from the outdoor heritage 
31.6 	fund shall not be used to purchase any land in fee title or a permanent conservation 
31.7 	easement if the land in question is fully or partially owned by the state of Minnesota 
31.8 	or a political subdivision of the state, unless: (1) the purchase creates additional direct 
31.9 	benefit to protect, restore, or enhance the state's wetlands, prairies, forests, or habitat 
31.10 	for fish, game, and wildlife; and (2) the purchase is approved by an affirmative vote of 
31.11 	at least nine members of the council. At least 15 business days prior to a decision under 
31.12 	this subdivision, the council shall submit the planned decision item to the Legislative 
31.13 	Coordinating Commission. The planned decision item takes effect 15 business days 
31.14 	after it is submitted by the council.

31.15 	Sec. 9. Minnesota Statutes 2010, section 97A.056, subdivision 10, is amended to read:
31.16 		Subd. 10.Restoration evaluations. Beginning July 1, 2011, The commissioner 
31.17 	of natural resources and the Board of Water and Soil Resources shall may convene 
31.18 	a technical evaluation panel comprised of five members, including one technical 
31.19 	representative from the Board of Water and Soil Resources, one technical representative 
31.20 	from the Department of Natural Resources, one technical expert from the University of 
31.21 	Minnesota or the Minnesota State Colleges and Universities, and two representatives 
31.22 	with expertise in the project being evaluated. The board and the commissioner may add 
31.23 	a technical representative from a unit of federal or local government. The members of 
31.24 	the technical evaluation panel may not be associated with the restoration, may vary 
31.25 	depending upon the projects being reviewed, and shall avoid any potential conflicts of 
31.26 	interest. Each year, the board and the commissioner shall may assign a coordinator to 
31.27 	identify a sample of up to ten habitat restoration projects completed with outdoor heritage 
31.28 	funding. The coordinator shall secure the restoration plans for the projects specified and 
31.29 	direct the technical evaluation panel to evaluate the restorations relative to the law, current 
31.30 	science, and the stated goals and standards in the restoration plan and, when applicable, to 
31.31 	the Board of Water and Soil Resources' native vegetation establishment and enhancement 
31.32 	guidelines. The coordinator shall summarize the findings of the panel and provide a report 
31.33 	to the chair of the Lessard-Sams Outdoor Heritage Council and the chairs of the respective 
31.34 	house of representatives and senate policy and finance committees with jurisdiction over 
32.1 	natural resources and spending from the outdoor heritage fund. The report shall determine 
32.2 	if the restorations are meeting planned goals, any problems with the implementation of 
32.3 	restorations, and, if necessary, recommendations on improving restorations. The report 
32.4 	shall be focused on improving future restorations. Up to one-tenth of one percent of 
32.5 	forecasted receipts from the outdoor heritage fund may be used for restoration evaluations 
32.6 	under this section.

32.7 	Sec. 10. Laws 2009, chapter 172, article 1, section 2, subdivision 3, is amended to read:

32.8	Subd. 3.Forests
 		18,000,000
		18,000,000
	
32.9 	$18,000,000 in fiscal year 2010 and 
32.10 	$18,000,000 in fiscal year 2011 are to the 
32.11 	commissioner of natural resources to acquire 
32.12 	land or permanent working forest easements 
32.13 	on private forests in areas identified through 
32.14 	the Minnesota forests for the future program 
32.15 	under Minnesota Statutes, section 84.66. 
32.16 	Up to $750,000 in fiscal year 2011 may 
32.17 	be transferred to the forests for the future 
32.18 	conservation easement account and used 
32.19 	for the purposes specified under Minnesota 
32.20 	Statutes, section 84.68, subdivision 2. 
32.21 	Priority must be given to acquiring land 
32.22 	or interests in private lands within existing 
32.23 	Minnesota state forest boundaries. Any 
32.24 	easements acquired must have a forest 
32.25 	management plan as defined in Minnesota 
32.26 	Statutes, section 290C.02, subdivision 7. 
32.27 	A list of proposed fee title and easement 
32.28 	acquisitions must be provided as part of the 
32.29 	required accomplishment plan. The fiscal 
32.30 	year 2011 appropriation is available only for 
32.31 	acquisitions that, by August 15, 2009, are:
32.32 	(1) subject to a binding agreement with the 
32.33 	commissioner; and
33.1 	(2) matched by at least $9,000,000 in private 
33.2 	donations.

33.3 	EFFECTIVE DATE. This section is effective retroactively from June 29, 2011.

33.4 	Sec. 11. Laws 2009, chapter 172, article 1, section 2, subdivision 15, is amended to 
33.5 	read:

33.6	Subd. 15.Real Property Interest Report
 					
33.7 	By December 1 each year, a recipient of 
33.8 	money appropriated under this section that 
33.9 	is used for the acquisition of an interest in 
33.10 	real property, including but not limited to 
33.11 	an easement or fee title, must submit annual 
33.12 	reports on the status of the real property to 
33.13 	the Lessard Outdoor Heritage Council or 
33.14 	its successor in a form determined by the 
33.15 	council. The responsibility for reporting 
33.16 	under this section may be transferred by 
33.17 	the recipient of the appropriation to another 
33.18 	person or entity that holds the interest in the 
33.19 	real property. To complete the transfer of 
33.20 	reporting responsibility, the recipient of the 
33.21 	appropriation must:
33.22 	(1) inform the person to whom the 
33.23 	responsibility is transferred of that person's 
33.24 	reporting responsibility;
33.25 	(2) inform the person to whom the 
33.26 	responsibility is transferred of the property 
33.27 	restrictions under subdivision 14; and
33.28 	(3) provide written notice to the council 
33.29 	of the transfer of reporting responsibility, 
33.30 	including contact information for the person 
33.31 	to whom the responsibility is transferred. 
33.32 	Before the transfer, the entity receiving 
33.33 	the transfer of property must certify to the 
34.1 	Lessard Outdoor Heritage Council, or its 
34.2 	successor, acceptance of all obligations and 
34.3 	responsibilities held by the prior owner.
34.4 	After the transfer, the person or entity that 
34.5 	holds the interest in the real property is 
34.6 	responsible for reporting requirements under 
34.7 	this section.

34.8 	Sec. 12. Laws 2010, chapter 361, article 1, section 2, subdivision 14, is amended to 
34.9 	read:

34.10	Subd. 14.Real Property Interest Report
 					
34.11 	By December 1 each year, a recipient of 
34.12 	money appropriated under this section that 
34.13 	is used for the acquisition of an interest in 
34.14 	real property, including, but not limited to, 
34.15 	an easement or fee title, must submit annual 
34.16 	reports on the status of the real property to 
34.17 	the Lessard-Sams Outdoor Heritage Council 
34.18 	or its successor in a form determined by the 
34.19 	council. The responsibility for reporting 
34.20 	under this section may be transferred by 
34.21 	the recipient of the appropriation to another 
34.22 	person or entity that holds the interest in the 
34.23 	real property. To complete the transfer of 
34.24 	reporting responsibility, the recipient of the 
34.25 	appropriation must: (1) inform the person 
34.26 	to whom the responsibility is transferred of 
34.27 	that person's reporting responsibility; (2) 
34.28 	inform the person to whom the responsibility 
34.29 	is transferred of the property restrictions 
34.30 	under subdivision 13; and (3) provide written 
34.31 	notice to the council of the transfer of 
34.32 	reporting responsibility, including contact 
34.33 	information for the person to whom the 
34.34 	responsibility is transferred; and (4) provide 
35.1 	the Lessard-Sams Outdoor Heritage Council 
35.2 	or its successor written documentation from 
35.3 	the person or entity holding the interest in 
35.4 	real property certifying its acceptance of all 
35.5 	reporting obligations and responsibilities 
35.6 	previously held by the recipient of the 
35.7 	appropriation. After the transfer, the person 
35.8 	or entity that holds the interest in the 
35.9 	real property is responsible for reporting 
35.10 	requirements under this section.

35.11 	Sec. 13. EFFECTIVE DATE; RELATIONSHIP TO OTHER 
35.12 	APPROPRIATIONS.
 35.13 	Unless otherwise specified, this article is effective retroactively from July 1, 2011, 
35.14 	and supersedes and replaces funding authorized by order of the Second Judicial District 
35.15 	Court in Case No. 62-CV-11-5203.

35.16 	ARTICLE 2
35.17 	CLEAN WATER FUND

35.18	Section 1. CLEAN WATER FUND APPROPRIATIONS.
 	
35.19 	The sums shown in the columns marked "Appropriations" are appropriated to the 
35.20 	agencies and for the purposes specified in this article. The appropriations are from the 
35.21 	clean water fund and are available for the fiscal years indicated for allowable activities 
35.22 	under the Minnesota Constitution, article XI, section 15. The figures "2012" and "2013" 
35.23 	used in this article mean that the appropriation listed under them are available for the 
35.24 	fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The first year" is fiscal 
35.25 	year 2012. "The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 
35.26 	and 2013. The appropriations in this article are onetime.

35.27				APPROPRIATIONS
	
35.28				Available for the Year
	
35.29				Ending June 30
	
35.30					2012
		2013

35.31	Sec. 2. CLEAN WATER

35.32	Subdivision 1.Total Appropriation
 	$
	 90,517,000
	$
	88,912,000
	
36.1 	The amounts that may be spent for each 
36.2 	purpose are specified in the following 
36.3 	sections.

36.4	Subd. 2.Availability of Appropriation
 					
36.5 	Money appropriated in this article may 
36.6 	not be spent on activities unless they are 
36.7 	directly related to and necessary for a specific 
36.8 	appropriation. Money appropriated in this 
36.9 	article must not be spent on indirect costs 
36.10 	or other institutional overhead charges that 
36.11 	are not directly related to and necessary for 
36.12 	a specific appropriation. Notwithstanding 
36.13 	Minnesota Statutes, section 16A.28, and 
36.14 	unless otherwise specified in this article, 
36.15 	fiscal year 2012 appropriations are available 
36.16 	until June 30, 2013, and fiscal year 2013 
36.17 	appropriations are available until June 30, 
36.18 	2014. If a project receives federal funds, the 
36.19 	time period of the appropriation is extended 
36.20 	to equal the availability of federal funding.

36.21	Sec. 3. DEPARTMENT OF AGRICULTURE
 	$
	7,700,000
	$
	7,700,000
	
36.22 	(a) $350,000 the first year and $350,000 the 
36.23 	second year are to increase monitoring for 
36.24 	pesticides and pesticide degradates in surface 
36.25 	water and groundwater and to use data 
36.26 	collected to assess pesticide use practices.
36.27 	(b) $850,000 the first year and $850,000 
36.28 	the second year are to increase monitoring 
36.29 	and evaluate trends in the concentration of 
36.30 	nitrates in groundwater in high-risk areas 
36.31 	and regionally and to promote and evaluate 
36.32 	regional and crop-specific nutrient best 
36.33 	management practices. This appropriation is 
36.34 	available until June 30, 2016.
37.1 	(c) $4,500,000 the first year and $4,500,000 
37.2 	the second year are for the agriculture best 
37.3 	management practices loan program. At 
37.4 	least $3,500,000 the first year and at least 
37.5 	$3,900,000 the second year are for transfer to 
37.6 	the clean water agricultural best management 
37.7 	practices loan account and are available 
37.8 	for pass-through to local governments 
37.9 	and lenders for low-interest loans under 
37.10 	Minnesota Statutes, section 17.117. Any 
37.11 	unencumbered balance that is not used for 
37.12 	pass-through to local governments does not 
37.13 	cancel at the end of the first year and is 
37.14 	available for the second year.
37.15 	(d) $775,000 the first year and $775,000 
37.16 	the second year are for research, pilot 
37.17 	projects, and technical assistance on proper 
37.18 	implementation of best management 
37.19 	practices and more precise information on 
37.20 	nonpoint contributions to impaired waters. 
37.21 	This appropriation is available until June 30, 
37.22 	2016.
37.23 	(e) $1,050,000 the first year and $1,050,000 
37.24 	the second year are for research to quantify 
37.25 	agricultural contributions to impaired waters 
37.26 	and for development and evaluation of 
37.27 	best management practices to protect and 
37.28 	restore water resources while maintaining 
37.29 	productivity. This appropriation is available 
37.30 	until June 30, 2016.
37.31 	(f) $175,000 the first year and $175,000 the 
37.32 	second year are for a research inventory 
37.33 	database containing water-related research 
37.34 	activities. This appropriation is available 
37.35 	until June 30, 2016.

38.1	Sec. 4. PUBLIC FACILITIES AUTHORITY
 	$
	16,710,000
	$
	16,710,000
	
38.2 	(a) $11,185,000 the first year and 
38.3 	$11,185,000 the second year are for the total 
38.4 	maximum daily load grant program under 
38.5 	Minnesota Statutes, section 446A.073. This 
38.6 	appropriation is available until June 30, 2016.
38.7 	(b) $4,275,000 the first year and $4,275,000 
38.8 	the second year are for the clean water legacy 
38.9 	phosphorus reduction grant program under 
38.10 	Minnesota Statutes, section 446A.074. This 
38.11 	appropriation is available until June 30, 2016.
38.12 	(c) $1,250,000 the first year and $1,250,000 
38.13 	the second year are for small community 
38.14 	wastewater treatment grants and loans under 
38.15 	Minnesota Statutes, section 446A.075. This 
38.16 	appropriation is available until June 30, 2016.
38.17 	(d) If there are any uncommitted funds at the 
38.18 	end of each fiscal year under paragraph (a), 
38.19 	(b), or (c), the Public Facilities Authority 
38.20 	may transfer the remaining funds to eligible 
38.21 	projects under any of the programs listed 
38.22 	in this section based on their priority rank 
38.23 	on the Pollution Control Agency's project 
38.24 	priority list.

38.25	Sec. 5. POLLUTION CONTROL AGENCY
 	$
	24,212,000
	$
	23,558,000
	
38.26 	(a) $7,500,000 the first year and $7,500,000 
38.27 	the second year are for completion of 20 
38.28 	percent of the needed statewide assessments 
38.29 	of surface water quality and trends. Of 
38.30 	this amount, $100,000 the first year and 
38.31 	$100,000 the second year are for grants 
38.32 	to the Red River Watershed Management 
38.33 	Board to enhance and expand the existing 
38.34 	water quality and watershed monitoring river 
39.1 	watch activities in the schools in the Red 
39.2 	River of the North. The Red River Watershed 
39.3 	Management Board shall provide a report to 
39.4 	the commissioner of the Pollution Control 
39.5 	Agency and the legislative committees and 
39.6 	divisions with jurisdiction over environment 
39.7 	and natural resources finance and policy and 
39.8 	the clean water fund by February 15, 2013, 
39.9 	on the expenditure of these funds.
39.10 	(b) $9,400,000 the first year and $9,400,000 
39.11 	the second year are to develop total maximum 
39.12 	daily load (TMDL) studies and TMDL 
39.13 	implementation plans for waters listed on 
39.14 	the United States Environmental Protection 
39.15 	Agency approved impaired waters list in 
39.16 	accordance with Minnesota Statutes, chapter 
39.17 	114D. The agency shall complete an average 
39.18 	of ten percent of the TMDL's each year over 
39.19 	the biennium.
39.20 	(c) $1,125,000 the first year and $1,125,000 
39.21 	the second year are for groundwater 
39.22 	assessment, including enhancing the 
39.23 	ambient monitoring network, modeling, 
39.24 	and continuing to monitor for and assess 
39.25 	contaminants of emerging concern.
39.26 	(d) $750,000 the first year and $750,000 
39.27 	the second year are for water quality 
39.28 	improvements in the lower St. Louis River 
39.29 	and Duluth harbor. This appropriation must 
39.30 	be matched at a rate of 65 percent nonstate 
39.31 	money to 35 percent state money.
39.32 	(e) $1,000,000 the first year and $1,000,000 
39.33 	the second year are for the clean water 
39.34 	partnership program to provide grants 
39.35 	to protect and improve the basins and 
40.1 	watersheds of the state and provide financial 
40.2 	and technical assistance to study waters 
40.3 	with nonpoint source pollution problems. 
40.4 	Priority shall be given to projects preventing 
40.5 	impairments and degradation of lakes, rivers, 
40.6 	streams, and groundwater in accordance 
40.7 	with Minnesota Statutes, section 114D.20, 
40.8 	subdivision 2, clause (4). Any balance 
40.9 	remaining in the first year does not cancel 
40.10 	and is available for the second year.
40.11 	(f) $400,000 the first year and $400,000 the 
40.12 	second year are for storm water research and 
40.13 	guidance.
40.14 	(g) $1,150,000 the first year and $1,150,000 
40.15 	the second year are for TMDL research and 
40.16 	database development.
40.17 	(h) $800,000 the first year and $800,000 
40.18 	the second year are for national pollutant 
40.19 	discharge elimination system wastewater and 
40.20 	storm water TMDL implementation efforts.
40.21 	(i) $225,000 the first year and $225,000 
40.22 	the second year are transferred to the 
40.23 	commissioner of administration for the 
40.24 	Environmental Quality Board in cooperation 
40.25 	with the United States Geological Survey 
40.26 	to characterize groundwater flow and 
40.27 	aquifer properties in the I-94 corridor in 
40.28 	cooperation with local units of government. 
40.29 	This appropriation is available until June 30, 
40.30 	2016.
40.31 	(j) $1,000,000 the first year and $500,000 
40.32 	the second year are for a wild rice standards 
40.33 	study.
40.34 	(k) $862,000 the first year and $708,000 
40.35 	the second year are for groundwater 
41.1 	protection or prevention of groundwater 
41.2 	degradation activities through enhancing the 
41.3 	county-level delivery system for subsurface 
41.4 	sewage treatment systems (SSTS). The 
41.5 	commissioner shall consult with the SSTS 
41.6 	Compliance Task Force in developing a 
41.7 	distribution allocation for the county base 
41.8 	grants.
41.9 	(l) Notwithstanding Minnesota Statutes, 
41.10 	section 16A.28, the appropriations 
41.11 	encumbered on or before June 30, 2013, 
41.12 	as grants or contracts in this section are 
41.13 	available until June 30, 2016.

41.14
41.15	Sec. 6. DEPARTMENT OF NATURAL 
RESOURCES
 	$
	10,860,000
	$
	9,860,000
	
41.16 	(a) $1,825,000 the first year and $1,825,000 
41.17 	the second year are for the continuation and 
41.18 	expansion of stream flow monitoring.
41.19 	(b) $1,150,000 the first year and $1,150,000 
41.20 	the second year are for lake Index of 
41.21 	Biological Integrity (IBI) assessments, 
41.22 	including assessment of 400 additional lakes 
41.23 	and technical analysis to develop an aquatic 
41.24 	plant IBI analysis. The commissioner shall 
41.25 	work with the commissioner of the Pollution 
41.26 	Control Agency on the development of an 
41.27 	assessment tool.
41.28 	(c) $130,000 the first year and $130,000 
41.29 	the second year are for assessing mercury 
41.30 	contamination of fish, including monitoring 
41.31 	to track the status of waters impaired by 
41.32 	mercury and mercury reduction efforts over 
41.33 	time.
41.34 	(d) $1,730,000 the first year and $1,730,000 
41.35 	the second year are for TMDL development 
42.1 	and TMDL implementation plans for waters 
42.2 	listed on the United States Environmental 
42.3 	Protection Agency approved impaired waters 
42.4 	list in accordance with Minnesota Statutes, 
42.5 	chapter 114D, and for development of a 
42.6 	watershed assessment tool.
42.7 	(e) $1,500,000 the first year and $1,500,000 
42.8 	the second year are for water supply 
42.9 	planning, aquifer protection, and monitoring 
42.10 	activities.
42.11 	(f) $450,000 the first year and $450,000 the 
42.12 	second year are for establishing a Web-based 
42.13 	electronic permitting system to capture water 
42.14 	appropriation use information.
42.15 	(g) $1,725,000 the first year and $1,725,000 
42.16 	the second year are for shoreland 
42.17 	stewardship, TMDL implementation 
42.18 	coordination, providing technical assistance 
42.19 	to the Drainage Work Group and Drainage 
42.20 	Management Team, and maintaining and 
42.21 	updating data. Of this amount, $235,000 
42.22 	each year is for maintaining and updating 
42.23 	watershed boundaries and integrating 
42.24 	high-resolution digital elevation data with 
42.25 	watershed modeling and $40,000 each year 
42.26 	is for a biomonitoring database. TMDL 
42.27 	implementation coordination efforts shall be 
42.28 	focused on major watersheds with TMDL 
42.29 	implementation plans, including forested 
42.30 	watersheds.
42.31 	(h) $1,350,000 the first year and $1,350,000 
42.32 	the second year are to acquire and distribute 
42.33 	high-resolution digital elevation data using 
42.34 	light detection and ranging to aid with 
42.35 	impaired waters modeling and TMDL 
43.1 	implementation under Minnesota Statutes, 
43.2 	chapter 114D. The money shall be used 
43.3 	to collect data for areas of the state that 
43.4 	have not acquired the data prior to January 
43.5 	1, 2007, or to complete acquisition and 
43.6 	distribution of the data for those areas of 
43.7 	the state that have not previously received 
43.8 	state funds for acquiring and distributing the 
43.9 	data. The distribution of data acquired under 
43.10 	this paragraph must be conducted under 
43.11 	the auspices of the Minnesota Geospatial 
43.12 	Information Office, which shall receive up 
43.13 	to 2.5 percent of the appropriation in this 
43.14 	paragraph to support coordination of data 
43.15 	acquisition and distribution. Mapping and 
43.16 	data set distribution under this paragraph 
43.17 	must be completed within three years of 
43.18 	funds availability. The commissioner shall 
43.19 	utilize department staff whenever possible. 
43.20 	The commissioner may contract for services 
43.21 	only if the services cannot otherwise be 
43.22 	provided by the department.
43.23 	(i) $1,000,000 the first year is for 
43.24 	implementation of the metropolitan 
43.25 	groundwater monitoring and protection 
43.26 	activities under Minnesota Laws 2010, 
43.27 	chapter 361, article 2, section 4, subdivision 
43.28 	2.

43.29
43.30	Sec. 7. BOARD OF WATER AND SOIL 
RESOURCES
 	$
	27,534,000
	$
	27,534,000
	
43.31 	(a) $13,750,000 the first year and 
43.32 	$13,750,000 the second year are for 
43.33 	pollution reduction and restoration grants 
43.34 	to local government units and joint powers 
43.35 	organizations of local government units to 
44.1 	protect surface water and drinking water; to 
44.2 	keep water on the land; to protect, enhance, 
44.3 	and restore water quality in lakes, rivers, 
44.4 	and streams; and to protect groundwater 
44.5 	and drinking water, including feedlot water 
44.6 	quality and subsurface sewage treatment 
44.7 	system (SSTS) projects and stream bank, 
44.8 	stream channel, and shoreline restoration 
44.9 	projects. The projects must be of long-lasting 
44.10 	public benefit, include a match, and be 
44.11 	consistent with TMDL implementation plans 
44.12 	or local water management plans.
44.13 	(b) $3,000,000 the first year and $3,000,000 
44.14 	the second year are for targeted local 
44.15 	resource protection and enhancement grants. 
44.16 	The board shall give priority consideration 
44.17 	to projects and practices that complement, 
44.18 	supplement, or exceed current state standards 
44.19 	for protection, enhancement, and restoration 
44.20 	of water quality in lakes, rivers, and streams 
44.21 	or that protect groundwater from degradation. 
44.22 	Of this amount, at least $1,500,000 each year 
44.23 	is for county SSTS implementation.
44.24 	(c) $900,000 the first year and $900,000 the 
44.25 	second year are to provide state oversight 
44.26 	and accountability, evaluate results, and 
44.27 	measure the value of conservation program 
44.28 	implementation by local governments, 
44.29 	including submission to the legislature 
44.30 	by March 1 each year an annual report 
44.31 	prepared by the board, in consultation with 
44.32 	the commissioners of natural resources, 
44.33 	health, agriculture, and the Pollution Control 
44.34 	Agency, detailing the recipients and projects 
44.35 	funded under this section. The board shall 
44.36 	require grantees to specify the outcomes that 
45.1 	will be achieved by the grants prior to any 
45.2 	grant awards.
45.3 	(d) $1,000,000 the first year and $1,000,000 
45.4 	the second year are for technical assistance 
45.5 	and grants for the conservation drainage 
45.6 	program in consultation with the Drainage 
45.7 	Work Group, created under Minnesota 
45.8 	Statutes, section 103B.101, subdivision 
45.9 	13, that consists of projects to retrofit 
45.10 	existing drainage systems with water quality 
45.11 	improvement practices, evaluate outcomes, 
45.12 	and provide outreach to landowners, public 
45.13 	drainage authorities, drainage engineers and 
45.14 	contractors, and others.
45.15 	(e) $6,000,000 the first year and $6,000,000 
45.16 	the second year are to purchase and restore 
45.17 	permanent conservation easements on 
45.18 	riparian buffers adjacent to public waters, 
45.19 	excluding wetlands, to keep water on the 
45.20 	land in order to decrease sediment, pollutant, 
45.21 	and nutrient transport; reduce hydrologic 
45.22 	impacts to surface waters; and increase 
45.23 	infiltration for groundwater recharge. The 
45.24 	riparian buffers must be at least 50 feet 
45.25 	unless there is a natural impediment, a road, 
45.26 	or other impediment beyond the control 
45.27 	of the landowner. This appropriation may 
45.28 	be used for restoration of riparian buffers 
45.29 	protected by easements purchased with 
45.30 	this appropriation and for stream bank 
45.31 	restorations when the riparian buffers have 
45.32 	been restored.
45.33 	(f) $1,300,000 the first year and $1,300,000 
45.34 	the second year are for permanent 
45.35 	conservation easements on wellhead 
46.1 	protection areas under Minnesota Statutes, 
46.2 	section 103F.515, subdivision 2, paragraph 
46.3 	(d). Priority must be placed on land that 
46.4 	is located where the vulnerability of the 
46.5 	drinking water supply is designated as high 
46.6 	or very high by the commissioner of health.
46.7 	(g) $1,500,000 the first year and $1,500,000 
46.8 	the second year are for community partners 
46.9 	grants to local units of government for: 
46.10 	(1) structural or vegetative management 
46.11 	practices that reduce storm water runoff 
46.12 	from developed or disturbed lands to reduce 
46.13 	the movement of sediment, nutrients, and 
46.14 	pollutants for restoration, protection, or 
46.15 	enhancement of water quality in lakes, rivers, 
46.16 	and streams and to protect groundwater 
46.17 	and drinking water; and (2) installation 
46.18 	of proven and effective water retention 
46.19 	practices including, but not limited to, rain 
46.20 	gardens and other vegetated infiltration 
46.21 	basins and sediment control basins in order 
46.22 	to keep water on the land. The projects 
46.23 	must be of long-lasting public benefit, 
46.24 	include a local match, and be consistent with 
46.25 	TMDL implementation plans or local water 
46.26 	management plans. Local government unit 
46.27 	staff and administration costs may be used 
46.28 	as a match.
46.29 	(h) $84,000 the first year and $84,000 the 
46.30 	second year are for a technical evaluation 
46.31 	panel to conduct up to ten restoration 
46.32 	evaluations under Minnesota Statutes, 
46.33 	section 114D.50, subdivision 6.
46.34 	(i) The board shall contract for services 
46.35 	with Conservation Corps Minnesota for 
47.1 	restoration, maintenance, and other activities 
47.2 	under this section for $500,000 the first year 
47.3 	and $500,000 the second year.
47.4 	(j) The board may shift grant or cost-share 
47.5 	funds in this section and may adjust the 
47.6 	technical and administrative assistance 
47.7 	portion of the funds to leverage federal or 
47.8 	other nonstate funds or to address oversight 
47.9 	responsibilities or high-priority needs 
47.10 	identified in local water management plans.
47.11 	(k) The appropriations in this section are 
47.12 	available until June 30, 2016.

47.13	Sec. 8. DEPARTMENT OF HEALTH
 	$
	2,988,000
	$
	3,050,000
	
47.14 	(a) $1,020,000 the first year and $1,020,000 
47.15 	the second year are for addressing public 
47.16 	health concerns related to contaminants 
47.17 	found in Minnesota drinking water for which 
47.18 	no health-based drinking water standard 
47.19 	exists.
47.20 	(b) $1,415,000 the first year and $1,415,000 
47.21 	the second year are for protection of drinking 
47.22 	water sources.
47.23 	(c) $250,000 the first year and $250,000 the 
47.24 	second year are for cost-share assistance to 
47.25 	public and private well owners for up to 50 
47.26 	percent of the cost of sealing unused wells.
47.27 	(d) $303,000 the first year and $365,000 the 
47.28 	second year are to expand the county well 
47.29 	index.

47.30	Sec. 9. METROPOLITAN COUNCIL
 	$
	500,000
	$
	500,000
	
47.31 	$500,000 the first year and $500,000 the 
47.32 	second year are for implementation of the 
48.1 	master water supply plan developed under 
48.2 	Minnesota Statutes, section 473.1565.

48.3	Sec. 10. LEGISLATURE
 	$
	13,000
	$
	-0-
	
48.4 	$13,000 the first year is for the Legislative 
48.5 	Coordinating Commission for the costs of 
48.6 	developing and implementing a Web site to 
48.7 	contain information on projects receiving 
48.8 	appropriations from the clean water fund and 
48.9 	other constitutionally dedicated funds.

48.10	Sec. 11. CARRYFORWARD
 					
48.11 	(a) The appropriations in Laws 2009, chapter 
48.12 	172, article 2, section 4, paragraph (g), as 
48.13 	amended by Laws 2010, chapter 361, article 
48.14 	2, section 2, are available until June 30, 
48.15 	2013, and may be spent to continue research 
48.16 	and testing on the potential for coal tar 
48.17 	contamination of waters, on the study of 
48.18 	treatment and disposal options, and for grants 
48.19 	to local units of government.
48.20 	(b) The appropriation in Laws 2010, chapter 
48.21 	361, article 2, section 4, subdivision 1, for 
48.22 	nitrogen and nitrate water quality standards 
48.23 	rulemaking is available until June 30, 2012.
48.24 	(c) The appropriations in Laws 2009, chapter 
48.25 	172, article 2, section 4, paragraph (a), 
48.26 	as amended by Laws 2010, chapter 361, 
48.27 	article 2, section 2, for total maximum 
48.28 	daily load (TDML) study development and 
48.29 	implementation are available until June 30, 
48.30 	2014.
48.31 	(d) The appropriations in Laws 2009, chapter 
48.32 	172, article 2, section 2, paragraph (d), 
48.33 	for research and pilot projects related to 
49.1 	ways agricultural practices contribute to 
49.2 	restoring impaired waters and assist with the 
49.3 	development of TMDL plans, are available 
49.4 	until June 30, 2016.

49.5 	EFFECTIVE DATE. This section is effective retroactively from June 29, 2011.

49.6 	Sec. 12. Minnesota Statutes 2010, section 10A.01, subdivision 35, is amended to read:
49.7 		Subd. 35.Public official. "Public official" means any:
49.8 	(1) member of the legislature;
49.9 	(2) individual employed by the legislature as secretary of the senate, legislative 
49.10 	auditor, chief clerk of the house of representatives, revisor of statutes, or researcher, 
49.11 	legislative analyst, or attorney in the Office of Senate Counsel and Research or House 
49.12 	Research;
49.13 	(3) constitutional officer in the executive branch and the officer's chief administrative 
49.14 	deputy;
49.15 	(4) solicitor general or deputy, assistant, or special assistant attorney general;
49.16 	(5) commissioner, deputy commissioner, or assistant commissioner of any state 
49.17 	department or agency as listed in section 15.01 or 15.06, or the state chief information 
49.18 	officer;
49.19 	(6) member, chief administrative officer, or deputy chief administrative officer of a 
49.20 	state board or commission that has either the power to adopt, amend, or repeal rules under 
49.21 	chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
49.22 	(7) individual employed in the executive branch who is authorized to adopt, amend, 
49.23 	or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
49.24 	(8) executive director of the State Board of Investment;
49.25 	(9) deputy of any official listed in clauses (7) and (8);
49.26 	(10) judge of the Workers' Compensation Court of Appeals;
49.27 	(11) administrative law judge or compensation judge in the State Office of 
49.28 	Administrative Hearings or unemployment law judge in the Department of Employment 
49.29 	and Economic Development;
49.30 	(12) member, regional administrator, division director, general counsel, or operations 
49.31 	manager of the Metropolitan Council;
49.32 	(13) member or chief administrator of a metropolitan agency;
49.33 	(14) director of the Division of Alcohol and Gambling Enforcement in the 
49.34 	Department of Public Safety;
49.35 	(15) member or executive director of the Higher Education Facilities Authority;
50.1 	(16) member of the board of directors or president of Enterprise Minnesota, Inc.;
50.2 	(17) member of the board of directors or executive director of the Minnesota State 
50.3 	High School League;
50.4 	(18) member of the Minnesota Ballpark Authority established in section 473.755;
50.5 	(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
50.6 	(20) manager of a watershed district, or member of a watershed management 
50.7 	organization as defined under section 103B.205, subdivision 13;
50.8 	(21) supervisor of a soil and water conservation district;
50.9 	(22) director of Explore Minnesota Tourism; or
50.10 	(23) citizen member of the Lessard-Sams Outdoor Heritage Council established in 
50.11 	section 97A.056; or
50.12 	(24) a citizen member of the Clean Water Council established in section 114D.30.

50.13 	Sec. 13. Minnesota Statutes 2010, section 114D.10, is amended to read:
50.14 	114D.10 LEGISLATIVE PURPOSE AND FINDINGS.
50.15 		Subdivision 1.Purpose. The purpose of the Clean Water Legacy Act is to protect, 
50.16 	enhance, and restore, and preserve the water quality of Minnesota's surface waters in 
50.17 	lakes, rivers, and streams and to protect groundwater from degradation, by providing 
50.18 	authority, direction, and resources to achieve and maintain water quality standards for 
50.19 	groundwater and surface waters as, including the standards required by section 303(d) 
50.20 	of the federal Clean Water Act, United States Code, title 33, section 1313(d), and other
50.21 	applicable state and federal regulations.
50.22 		Subd. 2.Findings. The legislature finds that:
50.23 	(1) there is a close link between protecting, enhancing, and restoring, and preserving
50.24 	the quality of Minnesota's groundwater and surface waters and the ability to develop the 
50.25 	state's economy, enhance its quality of life, and protect its human and natural resources;
50.26 	(2) achieving the state's water quality goals will require long-term commitment and 
50.27 	cooperation by all state and local agencies, and other public and private organizations 
50.28 	and individuals, with responsibility and authority for water management, planning, and 
50.29 	protection; and
50.30 	(3) all persons and organizations whose activities affect the quality of waters, 
50.31 	including point and nonpoint sources of pollution, have a responsibility to participate in 
50.32 	and support efforts to achieve the state's water quality goals.

50.33 	Sec. 14. Minnesota Statutes 2010, section 114D.20, subdivision 1, is amended to read:
51.1 		Subdivision 1.Coordination and cooperation. In implementing this chapter, 
51.2 	public agencies and private entities shall take into consideration the relevant provisions of 
51.3 	local and other applicable water management, conservation, land use, land management, 
51.4 	and development plans and programs. Public agencies with authority for local water 
51.5 	management, conservation, land use, land management, and development plans shall 
51.6 	take into consideration the manner in which their plans affect the implementation of 
51.7 	this chapter. Public agencies shall identify opportunities to participate and assist in the 
51.8 	successful implementation of this chapter, including the funding or technical assistance 
51.9 	needs, if any, that may be necessary. In implementing this chapter, public agencies shall 
51.10 	endeavor to engage the cooperation of organizations and individuals whose activities 
51.11 	affect the quality of groundwater or surface waters, including point and nonpoint sources 
51.12 	of pollution, and who have authority and responsibility for water management, planning, 
51.13 	and protection. To the extent practicable, public agencies shall endeavor to enter into 
51.14 	formal and informal agreements and arrangements with federal agencies and departments 
51.15 	to jointly utilize staff and educational, technical, and financial resources to deliver 
51.16 	programs or conduct activities to achieve the intent of this chapter, including efforts 
51.17 	under the federal Clean Water Act and other federal farm and soil and water conservation 
51.18 	programs. Nothing in this chapter affects the application of silvicultural exemptions under 
51.19 	any federal, state, or local law or requires silvicultural practices more stringent than those 
51.20 	recommended in the timber harvesting and forest management guidelines adopted by the 
51.21 	Minnesota Forest Resources Council under section 89A.05.

51.22 	Sec. 15. Minnesota Statutes 2010, section 114D.20, subdivision 2, is amended to read:
51.23 		Subd. 2.Goals for implementation. The following goals must guide the 
51.24 	implementation of this chapter:
51.25 	(1) to identify impaired waters in accordance with federal TMDL requirements 
51.26 	within ten years after the effective date of this section and thereafter to ensure continuing 
51.27 	evaluation of surface waters for impairments;
51.28 	(2) to submit TMDL's to the United States Environmental Protection Agency for all 
51.29 	impaired waters in a timely manner in accordance with federal TMDL requirements;
51.30 	(3) to set a reasonable time for implementing restoration of each identified impaired 
51.31 	water;
51.32 	(4) to provide assistance and incentives to prevent waters from becoming impaired 
51.33 	and to improve the quality of waters that are listed as impaired but do not have an 
51.34 	approved TMDL addressing the impairment;
52.1 	(5) to promptly seek the delisting of waters from the impaired waters list when those 
52.2 	waters are shown to achieve the designated uses applicable to the waters; and
52.3 	(6) to achieve compliance with federal Clean Water Act requirements in Minnesota.;
52.4 	(7) to support effective measures to prevent the degradation of groundwater 
52.5 	according to the groundwater degradation prevention goal under section 103H.001; and
52.6 	(8) to support effective measures to restore degraded groundwater.

52.7 	Sec. 16. Minnesota Statutes 2010, section 114D.20, subdivision 3, is amended to read:
52.8 		Subd. 3.Implementation policies. The following policies must guide the 
52.9 	implementation of this chapter:
52.10 	(1) develop regional and watershed TMDL's and TMDL implementation plans, and 
52.11 	TMDL's and TMDL implementation plans for multiple pollutants, where reasonable and 
52.12 	feasible;
52.13 	(2) maximize use of available organizational, technical, and financial resources to 
52.14 	perform sampling, monitoring, and other activities to identify degraded groundwater and
52.15 	impaired waters, including use of citizen monitoring and citizen monitoring data used 
52.16 	by the Pollution Control Agency in assessing water quality must meet that meets the 
52.17 	requirements in Appendix D of the Volunteer Surface Water Monitoring Guide, Minnesota 
52.18 	Pollution Control Agency (2003);
52.19 	(3) maximize opportunities for restoration of degraded groundwater and impaired 
52.20 	waters, by prioritizing and targeting of available programmatic, financial, and technical 
52.21 	resources and by providing additional state resources to complement and leverage 
52.22 	available resources;
52.23 	(4) use existing regulatory authorities to achieve restoration for point and nonpoint 
52.24 	sources of pollution where applicable, and promote the development and use of effective 
52.25 	nonregulatory measures to address pollution sources for which regulations are not 
52.26 	applicable;
52.27 	(5) use restoration methods that have a demonstrated effectiveness in reducing 
52.28 	impairments and provide the greatest long-term positive impact on water quality protection 
52.29 	and improvement and related conservation benefits while incorporating innovative 
52.30 	approaches on a case-by-case basis;
52.31 	(6) identify for the legislature any innovative approaches that may strengthen or 
52.32 	complement existing programs;
52.33 	(7) identify and encourage implementation of measures to prevent surface waters 
52.34 	from becoming impaired and to improve the quality of waters that are listed as impaired 
52.35 	but have no approved TMDL addressing the impairment using the best available data and 
53.1 	technology, and establish and report outcome-based performance measures that monitor 
53.2 	the progress and effectiveness of protection and restoration measures; and
53.3 	(8) monitor and enforce cost-sharing contracts and impose monetary damages in an 
53.4 	amount up to 150 percent of the financial assistance received for failure to comply.; and
53.5 	(9) identify and encourage implementation of measures to prevent groundwater from 
53.6 	becoming degraded and measures that restore groundwater resources.

53.7 	Sec. 17. Minnesota Statutes 2010, section 114D.20, subdivision 6, is amended to read:
53.8 		Subd. 6.Priorities for restoration of impaired waters. In implementing 
53.9 	restoration of impaired waters, in addition to the priority considerations in subdivision 5, 
53.10 	the Clean Water Council shall give priority in its recommendations for restoration funding 
53.11 	from the clean water legacy account fund to restoration projects that:
53.12 	(1) coordinate with and utilize existing local authorities and infrastructure for 
53.13 	implementation;
53.14 	(2) can be implemented in whole or in part by providing support for existing or 
53.15 	ongoing restoration efforts;
53.16 	(3) most effectively leverage other sources of restoration funding, including federal, 
53.17 	state, local, and private sources of funds;
53.18 	(4) show a high potential for early restoration and delisting based upon scientific 
53.19 	data developed through public agency or citizen monitoring or other means; and
53.20 	(5) show a high potential for long-term water quality and related conservation 
53.21 	benefits.

53.22 	Sec. 18. Minnesota Statutes 2010, section 114D.20, subdivision 7, is amended to read:
53.23 		Subd. 7.Priorities for funding prevention actions. The Clean Water Council 
53.24 	shall apply the priorities applicable under subdivision 6, as far as practicable, when 
53.25 	recommending priorities for funding actions to prevent groundwater and surface waters 
53.26 	from becoming degraded or impaired and to improve the quality of surface waters that are 
53.27 	listed as impaired but do not have an approved TMDL.

53.28 	Sec. 19. Minnesota Statutes 2010, section 114D.30, is amended to read:
53.29 	114D.30 CLEAN WATER COUNCIL.
53.30 		Subdivision 1.Creation; duties. A Clean Water Council is created to advise on the 
53.31 	administration and implementation of this chapter, and foster coordination and cooperation 
53.32 	as described in section 114D.20, subdivision 1. The council may also advise on the 
53.33 	development of appropriate processes for expert scientific review as described in section 
54.1 	114D.35, subdivision 2. The Pollution Control Agency shall provide administrative 
54.2 	support for the council with the support of other member agencies. The members of the 
54.3 	council shall elect a chair from the nonagency voting members of the council.
54.4 		Subd. 2.Membership; appointment. (a) The commissioners of natural resources, 
54.5 	agriculture, health, and the Pollution Control Agency, and the executive director of the 
54.6 	Board of Water and Soil Resources shall each appoint one person from their respective 
54.7 	agency to serve as a nonvoting member of the council. Agency members serve as 
54.8 	nonvoting members of the council. Two members of the house of representatives, 
54.9 	including one member from the majority party and one member from the minority party, 
54.10 	appointed by the speaker and two senators, including one member from the majority 
54.11 	party and one member from the minority party, appointed according to the rules of the 
54.12 	senate shall serve at the pleasure of the appointing authority as nonvoting members of 
54.13 	the council. Agency and legislative members appointed under this paragraph serve as 
54.14 	nonvoting members of the council.
54.15 	(b) Nineteen additional nonagency voting members of the council shall be appointed 
54.16 	by the governor as follows:
54.17 	(1) two members representing statewide farm organizations;
54.18 	(2) two members representing business organizations;
54.19 	(3) two members representing environmental organizations;
54.20 	(4) one member representing soil and water conservation districts;
54.21 	(5) one member representing watershed districts;
54.22 	(6) one member representing nonprofit organizations focused on improvement of 
54.23 	Minnesota lakes or streams;
54.24 	(7) two members representing organizations of county governments, one member 
54.25 	representing the interests of rural counties and one member representing the interests of 
54.26 	counties in the seven-county metropolitan area;
54.27 	(8) two members representing organizations of city governments;
54.28 	(9) one member representing the Metropolitan Council established under section 
54.29 	473.123;
54.30 	(10) one member representing township officer officers;
54.31 	(11) one member representing the interests of tribal governments;
54.32 	(12) one member representing statewide hunting organizations;
54.33 	(13) one member representing the University of Minnesota or a Minnesota state 
54.34 	university; and
54.35 	(14) one member representing statewide fishing organizations.
55.1 	Members appointed under clauses (1) to (14) this paragraph must not be registered 
55.2 	lobbyists or legislators. In making appointments, the governor must attempt to provide for 
55.3 	geographic balance. The members of the council appointed by the governor are subject 
55.4 	to the advice and consent of the senate.
55.5 		Subd. 3.Conflict of interest. A Clean Water Council member may not participate 
55.6 	in or vote on a decision of the council relating to an organization in which the member has 
55.7 	either a direct or indirect personal financial interest. While serving on the Clean Water 
55.8 	Council, a member shall avoid any potential conflict of interest.
55.9 		Subd. 4.Terms; compensation; removal. The initial terms of members 
55.10 	representing state agencies and the Metropolitan Council expire on the first Monday in 
55.11 	January 2007. Thereafter, The terms of members representing the state agencies and the 
55.12 	Metropolitan Council are four years and are coterminous with the governor. The terms 
55.13 	of other nonlegislative members of the council shall be as provided in section 15.059, 
55.14 	subdivision 2. Members may serve until their successors are appointed and qualify. 
55.15 	Compensation and removal of nonlegislative council members is as provided in section 
55.16 	15.059, subdivisions 3 and 4. Compensation of legislative members is as determined 
55.17 	by the appointing authority. A vacancy on the council may be filled by the appointing 
55.18 	authority provided in subdivision 1 for the remainder of the unexpired term.
55.19 		Subd. 5.Implementation plan. The Clean Water Council shall recommend a plan 
55.20 	for implementation of this chapter and the provisions of article XI, section 15, of the 
55.21 	Minnesota Constitution relating to clean water. The recommended plan shall address 
55.22 	general procedures and time frames for implementing this chapter, and shall include a more 
55.23 	specific implementation work plan for the next fiscal biennium and a framework for setting 
55.24 	priorities to address impaired waters consistent with section 114D.20, subdivisions 2 to 7. 
55.25 	The council shall issue the first recommended plan under this subdivision by December 1, 
55.26 	2005, and shall issue a revised plan by December 1 of each even-numbered year thereafter.
55.27 		Subd. 6.Recommendations on appropriation of funds. (a) The Clean Water 
55.28 	Council shall recommend to the governor and the legislature the manner in which 
55.29 	money from the clean water legacy account fund should be appropriated for the purposes 
55.30 	identified in section 114D.45, subdivision 3 stated in article XI, section 15, of the 
55.31 	Minnesota Constitution and section 114D.50.
55.32 	(b) The council's recommendations must:
55.33 	(1) be to protect, enhance, and restore water quality in lakes, rivers, and streams and 
55.34 	to protect groundwater from degradation and ensure that at least five percent of the clean 
55.35 	water fund is spent only to protect drinking water sources;
56.1 	(2) be consistent with the purposes, policies, goals, and priorities in sections 
56.2 	114D.05 to 114D.35, this chapter; and shall
56.3 	(3) allocate adequate support and resources to identify degraded groundwater and 
56.4 	impaired waters, develop TMDL's, implement restoration of groundwater and impaired 
56.5 	waters, and provide assistance and incentives to prevent groundwater and surface waters 
56.6 	from becoming degraded or impaired and improve the quality of surface waters which are 
56.7 	listed as impaired but have no approved TMDL.
56.8 	(c) The council must recommend methods of ensuring that awards of grants, 
56.9 	loans, or other funds from the clean water legacy account fund specify the outcomes 
56.10 	to be achieved as a result of the funding and specify standards to hold the recipient 
56.11 	accountable for achieving the desired outcomes. Expenditures from the account fund must 
56.12 	be appropriated by law.
56.13 		Subd. 7.Biennial report to legislature. By December 1 of each even-numbered 
56.14 	year, the council shall submit a report to the legislature on the activities for which money 
56.15 	has been or will be spent for the current biennium, the activities for which money is 
56.16 	recommended to be spent in the next biennium, and the impact on economic development 
56.17 	of the implementation of efforts to protect and restore groundwater and the impaired waters 
56.18 	program. The report due on December 1, 2014, must include an evaluation of the progress 
56.19 	made through June 30, 2014, in implementing this chapter and the provisions of article XI, 
56.20 	section 15, of the Minnesota Constitution relating to clean water, the need for funding of 
56.21 	future implementation of those sections, and recommendations for the sources of funding.

56.22 	Sec. 20. Minnesota Statutes 2010, section 114D.35, is amended to read:
56.23 	114D.35 PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC 
56.24 	REVIEW; EDUCATION.
56.25 		Subdivision 1.Public and stakeholder participation. Public agencies and private 
56.26 	entities involved in the implementation of this chapter shall encourage participation by 
56.27 	the public and stakeholders, including local citizens, landowners and managers, and 
56.28 	public and private organizations, in the identification of identifying impaired waters, in 
56.29 	developing TMDL's, and in planning, priority setting, and implementing restoration of 
56.30 	impaired waters, in identifying degraded groundwater, and in protecting and restoring 
56.31 	groundwater resources. In particular, the Pollution Control Agency shall make reasonable 
56.32 	efforts to provide timely information to the public and to stakeholders about impaired 
56.33 	waters that have been identified by the agency. The agency shall seek broad and early 
56.34 	public and stakeholder participation in scoping the activities necessary to develop a 
57.1 	TMDL, including the scientific models, methods, and approaches to be used in TMDL 
57.2 	development, and to implement restoration pursuant to section 114D.15, subdivision 7.
57.3 		Subd. 2.Expert scientific advice. The Clean Water Council and public agencies 
57.4 	and private entities shall make use of available public and private expertise from 
57.5 	educational, research, and technical organizations, including the University of Minnesota 
57.6 	and other higher education institutions, to provide appropriate independent expert advice 
57.7 	on models, methods, and approaches used in identifying degraded ground water and 
57.8 	impaired waters, developing TMDL's, and implementing prevention and restoration.
57.9 		Subd. 3.Education. The Clean Water Council shall develop strategies for 
57.10 	informing, educating, and encouraging the participation of citizens, stakeholders, 
57.11 	and others regarding the identification of impaired waters, development of TMDL's, 
57.12 	development of TMDL implementation plans, and implementation of restoration for 
57.13 	impaired waters, identification of degraded groundwater, and protection and restoration 
57.14 	of groundwater resources. Public agencies shall be responsible for implementing the 
57.15 	strategies.

57.16 	Sec. 21. Minnesota Statutes 2010, section 114D.50, subdivision 6, is amended to read:
57.17 		Subd. 6.Restoration evaluations. Beginning July 1, 2011, The Board of Water 
57.18 	and Soil Resources shall may convene a technical evaluation panel comprised of five 
57.19 	members, including one technical representative from the Board of Water and Soil 
57.20 	Resources, one technical representative from the Department of Natural Resources, 
57.21 	one technical expert from the University of Minnesota or the Minnesota State Colleges 
57.22 	and Universities, and two representatives with expertise related to the project being 
57.23 	evaluated. The board may add a technical representative from a unit of federal or local 
57.24 	government. The members of the technical evaluation panel may not be associated with 
57.25 	the restoration, may vary depending upon the projects being reviewed, and shall avoid 
57.26 	any potential conflicts of interest. Each year, the board shall may assign a coordinator 
57.27 	to identify a sample of up to ten habitat restoration projects completed with clean water 
57.28 	funding. The coordinator shall secure the restoration plans for the projects specified 
57.29 	and direct the technical evaluation panel to evaluate the restorations relative to the law, 
57.30 	current science, and the stated goals and standards in the restoration plan and, when 
57.31 	applicable, to the Board of Water and Soil Resources' native vegetation establishment and 
57.32 	enhancement guidelines. The coordinator shall summarize the findings of the panel and 
57.33 	provide a report to the chairs of the respective house of representatives and senate policy 
57.34 	and finance committees with jurisdiction over natural resources and spending from the 
57.35 	clean water fund. The report shall determine if the restorations are meeting planned goals, 
58.1 	any problems with the implementation of restorations, and, if necessary, recommendations 
58.2 	on improving restorations. The report shall be focused on improving future restorations. 
58.3 	Up to one-tenth of one percent of forecasted receipts from the clean water fund may be 
58.4 	used for restoration evaluations under this section.

58.5 	Sec. 22. Minnesota Statutes 2010, section 116.195, is amended to read:
58.6 	116.195 BENEFICIAL USE OF WASTEWATER AND STORM WATER; 
58.7 	CAPITAL GRANTS FOR DEMONSTRATION PROJECTS.
58.8 		Subdivision 1.Definitions. (a) For the purposes of this section, the following terms 
58.9 	have the meanings given them.
58.10 	(b) "Agency" means the Pollution Control Agency.
58.11 	(c) "Beneficial use of wastewater or storm water" means:
58.12 	(1) use of the effluent from a wastewater treatment plant that replaces use of 
58.13 	groundwater; or
58.14 	(2) use of storm water that replaces the use of groundwater.
58.15 	(d) "Capital project" means the acquisition or betterment of public land, buildings, 
58.16 	and other public improvements of a capital nature for the treatment of wastewater intended 
58.17 	for beneficial use or for the use of storm water to replace groundwater use. Capital project 
58.18 	includes projects to retrofit, expand, or construct new treatment facilities.
58.19 		Subd. 2.Grants for capital project design. The agency shall make grant awards 
58.20 	to political subdivisions for up to 50 percent of the costs to predesign and design capital 
58.21 	projects that demonstrate the beneficial use of wastewater or storm water. The maximum 
58.22 	amount for a grant under this subdivision is $500,000. The grant agreement must provide 
58.23 	that the predesign and design work being funded is public information and available to 
58.24 	anyone without charge. The agency must make the predesign and design work available 
58.25 	on its Web site.
58.26 		Subd. 3.Grants for capital project implementation. The agency shall make grant 
58.27 	awards to political subdivisions for up to 50 percent of the costs to acquire, construct, 
58.28 	install, furnish, and equip capital projects that demonstrate the beneficial use of wastewater
58.29 	or storm water. The political subdivision must submit design plans and specifications 
58.30 	to the agency as part of the application.
58.31 	The agency must consult with the Public Facilities Authority and the commissioner 
58.32 	of natural resources in reviewing and ranking applications for grants under this section.
58.33 	The application must identify the uses of the treated wastewater or storm water 
58.34 	and greater weight will be given to applications that include a binding commitment to 
58.35 	participate by the user or users.
59.1 	The agency must give preference to projects that will reduce use of the greatest 
59.2 	volume of groundwater from aquifers with the slowest rate of recharge.
59.3 		Subd. 4.Application form; procedures. The agency shall develop an application 
59.4 	form and procedures.
59.5 		Subd. 5.Reports. The agency shall report by February 1 of each year to the chairs 
59.6 	of the house of representatives and senate committees with jurisdiction over environment 
59.7 	policy and finance and capital investment on the grants made and projects funded under 
59.8 	this section. For each demonstration project funded, the report must include information 
59.9 	on the scale of water constraints for the area, the volume of treated wastewater supply
59.10 	supplied or storm water available, the quality of the storm water or treated wastewater 
59.11 	supplied and treatment implications for the industrial user, impacts to stream flow and 
59.12 	downstream users, and any considerations related to water appropriation and discharge 
59.13 	permits.

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

59.15 	Sec. 23. Laws 2009, chapter 172, article 2, section 4, as amended by Laws 2010, 
59.16 	chapter 361, article 2, section 2, is amended to read:

59.17	Sec. 4. POLLUTION CONTROL AGENCY
 	$
	24,076,000
	$
	27,630,000
	
59.18 	(a) $9,000,000 the first year and $9,000,000 
59.19 	the second year are to develop total 
59.20 	maximum daily load (TMDL) studies and 
59.21 	TMDL implementation plans for waters 
59.22 	listed on the United States Environmental 
59.23 	Protection Agency approved impaired 
59.24 	waters list in accordance with Minnesota 
59.25 	Statutes, chapter 114D. The agency shall 
59.26 	complete an average of ten percent of the 
59.27 	TMDLs each year over the biennium. Of 
59.28 	this amount, $348,000 the first year is to 
59.29 	retest the comprehensive assessment of the 
59.30 	biological conditions of the lower Minnesota 
59.31 	River and its tributaries within the Lower 
59.32 	Minnesota River Major Watershed, as 
59.33 	previously assessed from 1976 to 1992 under 
59.34 	the Minnesota River Assessment Project 
60.1 	(MRAP). The assessment must include the 
60.2 	same fish species sampling at the same 116 
60.3 	locations and the same macroinvertebrate 
60.4 	sampling at the same 41 locations as the 
60.5 	MRAP assessment. The assessment must:
60.6 	(1) include an analysis of the findings; and
60.7 	(2) identify factors that limit aquatic life in 
60.8 	the Minnesota River.
60.9 	Of this amount, $250,000 the first year is 
60.10 	for a pilot project for the development of 
60.11 	total maximum daily load (TMDL) studies 
60.12 	conducted on a watershed basis within 
60.13 	the Buffalo River watershed in order to 
60.14 	protect, enhance, and restore water quality 
60.15 	in lakes, rivers, and streams. The pilot 
60.16 	project shall include all necessary field 
60.17 	work to develop TMDL studies for all 
60.18 	impaired subwatersheds within the Buffalo 
60.19 	River watershed and provide information 
60.20 	necessary to complete reports for most of the 
60.21 	remaining watersheds, including analysis of 
60.22 	water quality data, identification of sources 
60.23 	of water quality degradation and stressors, 
60.24 	load allocation development, development 
60.25 	of reports that provide protection plans 
60.26 	for subwatersheds that meet water quality 
60.27 	standards, and development of reports that 
60.28 	provide information necessary to complete 
60.29 	TMDL studies for subwatersheds that do not 
60.30 	meet water quality standards, but are not 
60.31 	listed as impaired.
60.32 	(b) $500,000 the first year is for development 
60.33 	of an enhanced TMDL database to manage 
60.34 	and track progress. Of this amount, $63,000 
60.35 	the first year is to promulgate rules. By 
61.1 	November 1, 2010, the commissioner shall 
61.2 	submit a report to the chairs of the house of 
61.3 	representatives and senate committees with 
61.4 	jurisdiction over environment and natural 
61.5 	resources finance on the outcomes achieved 
61.6 	with this appropriation.
61.7 	(c) $1,500,000 the first year and $3,169,000 
61.8 	the second year are for grants under 
61.9 	Minnesota Statutes, section 116.195, to 
61.10 	political subdivisions for up to 50 percent of 
61.11 	the costs to predesign, design, and implement 
61.12 	capital projects that use storm water or 
61.13 	treated municipal wastewater instead of 
61.14 	groundwater from drinking water aquifers, 
61.15 	in order to demonstrate the beneficial use 
61.16 	of wastewater or storm water, including 
61.17 	the conservation and protection of water 
61.18 	resources. Of this amount, $1,000,000 the 
61.19 	first year is for grants to ethanol plants that 
61.20 	are within one and one-half miles of a city for 
61.21 	improvements that use storm water or reuse 
61.22 	greater than 300,000 gallons of wastewater 
61.23 	per day. This appropriation is available until 
61.24 	June 30, 2016.
61.25 	(d) $1,125,000 the first year and $1,125,000 
61.26 	the second year are for groundwater 
61.27 	assessment and drinking water protection to 
61.28 	include:
61.29 	(1) the installation and sampling of at least 
61.30 	30 new monitoring wells;
61.31 	(2) the analysis of samples from at least 40 
61.32 	shallow monitoring wells each year for the 
61.33 	presence of endocrine disrupting compounds; 
61.34 	and
62.1 	(3) the completion of at least four to 
62.2 	five groundwater models for TMDL and 
62.3 	watershed plans.
62.4 	(e) $2,500,000 the first year is for the clean 
62.5 	water partnership program. Priority shall be 
62.6 	given to projects preventing impairments and 
62.7 	degradation of lakes, rivers, streams, and 
62.8 	groundwater in accordance with Minnesota 
62.9 	Statutes, section 114D.20, subdivision 2, 
62.10 	clause (4). Any balance remaining in the first 
62.11 	year does not cancel and is available for the 
62.12 	second year.
62.13 	(f) $896,000 the first year is to establish 
62.14 	a network of water monitoring sites, to 
62.15 	include at least 20 additional sites, in public 
62.16 	waters adjacent to wastewater treatment 
62.17 	facilities across the state to assess levels of 
62.18 	endocrine-disrupting compounds, antibiotic 
62.19 	compounds, and pharmaceuticals as required 
62.20 	in this article. The data must be placed on 
62.21 	the agency's Web site.
62.22 	(g) $155,000 the first year is to provide 
62.23 	notification of the potential for coal tar 
62.24 	contamination, establish a storm water 
62.25 	pond inventory schedule, and develop best 
62.26 	management practices for treating and 
62.27 	cleaning up contaminated sediments as 
62.28 	required in this article. $490,000 the second 
62.29 	year is to provide grants to local units of 
62.30 	government for up to 50 percent of the costs 
62.31 	to implement best management practices to 
62.32 	treat or clean up contaminated sediments 
62.33 	in storm water ponds and other waters as 
62.34 	defined under this article. Local governments 
62.35 	must have adopted an ordinance for the 
63.1 	restricted use of undiluted coal tar sealants 
63.2 	in order to be eligible for a grant, unless a 
63.3 	statewide restriction has been implemented. 
63.4 	A grant awarded under this paragraph must 
63.5 	not exceed $100,000. Up to $145,000 of the 
63.6 	appropriation in the second year may be used 
63.7 	to complete work required under section 28, 
63.8 	paragraph (c).
63.9 	(h) $350,000 the first year and $600,000 the 
63.10 	second year are for a restoration project in 
63.11 	the lower St. Louis River and Duluth harbor 
63.12 	in order to improve water quality. This 
63.13 	appropriation must be matched by nonstate 
63.14 	money at a rate of at least $2 for every $1 of 
63.15 	state money.
63.16 	(i) $150,000 the first year and $196,000 the 
63.17 	second year are for grants to the Red River 
63.18 	Watershed Management Board to enhance 
63.19 	and expand existing river watch activities in 
63.20 	the Red River of the North. The Red River 
63.21 	Watershed Management Board shall provide 
63.22 	a report that includes formal evaluation 
63.23 	results from the river watch program to the 
63.24 	commissioners of education and the Pollution 
63.25 	Control Agency and to the legislative natural 
63.26 	resources finance and policy committees 
63.27 	and K-12 finance and policy committees by 
63.28 	February 15, 2011.
63.29 	(j) $200,000 the first year and $300,000 the 
63.30 	second year are for coordination with the 
63.31 	state of Wisconsin and the National Park 
63.32 	Service on comprehensive water monitoring 
63.33 	and phosphorus reduction activities in the 
63.34 	Lake St. Croix portion of the St. Croix 
63.35 	River. The Pollution Control Agency 
64.1 	shall work with the St. Croix Basin Water 
64.2 	Resources Planning Team and the St. Croix 
64.3 	River Association in implementing the 
64.4 	water monitoring and phosphorus reduction 
64.5 	activities. This appropriation is available 
64.6 	to the extent matched by nonstate sources. 
64.7 	Money not matched by November 15, 2010, 
64.8 	cancels for this purpose and is available for 
64.9 	the purposes of paragraph (a).
64.10 	(k) $7,500,000 the first year and $7,500,000 
64.11 	the second year are for completion of 20 
64.12 	percent of the needed statewide assessments 
64.13 	of surface water quality and trends. Of this 
64.14 	amount, $175,000 the first year and $200,000 
64.15 	the second year are for monitoring and 
64.16 	analyzing endocrine disruptors in surface 
64.17 	waters.
64.18 	(l) $100,000 the first year and $150,000 
64.19 	the second year are for civic engagement 
64.20 	in TMDL development. The agency shall 
64.21 	develop a plan for expenditures under 
64.22 	this paragraph. The agency shall give 
64.23 	consideration to civic engagement proposals 
64.24 	from basin or sub-basin organizations, 
64.25 	including the Mississippi Headwaters Board, 
64.26 	the Minnesota River Joint Powers Board, 
64.27 	Area II Minnesota River Basin Projects, 
64.28 	and the Red River Basin Commission. 
64.29 	By November 15, 2009, the plan shall be 
64.30 	submitted to the house and senate chairs 
64.31 	and ranking minority members of the 
64.32 	environmental finance divisions.
64.33 	(m) $5,000,000 the second year is for 
64.34 	groundwater protection or prevention of 
64.35 	groundwater degradation activities. By 
65.1 	January 15, 2010, the commissioner, in 
65.2 	consultation with the commissioner of 
65.3 	natural resources, the Board of Water and 
65.4 	Soil Resources, and other agencies, shall 
65.5 	submit a report to the chairs of the house of 
65.6 	representatives and senate committees with 
65.7 	jurisdiction over the clean water fund on the 
65.8 	intended use of these funds. The legislature 
65.9 	must approve expenditure of these funds by 
65.10 	law.
65.11 	Notwithstanding Minnesota Statutes, section 
65.12 	16A.28, the appropriations encumbered on or 
65.13 	before June 30, 2011, as grants or contracts in 
65.14 	this section are available until June 30, 2013.

65.15 	EFFECTIVE DATE. This section is effective retroactively from June 29, 2011.

65.16 	Sec. 24. Laws 2010, chapter 361, article 2, section 3, is amended to read:
65.17 	Sec. 3. CLEAN WATER FUND; 2009 APPROPRIATION ADJUSTMENTS.
 65.18 	The appropriations in fiscal years 2011 2010 and 2012 2011 to the Department of 
65.19 	Natural Resources for high-resolution digital elevation data in Laws 2009, chapter 172, 
65.20 	article 2, section 5, paragraph (d), are available until June 30, 2012.

65.21 	EFFECTIVE DATE. This section is effective retroactively from June 29, 2011.

65.22 	Sec. 25. CIVIC ENGAGEMENT AND PUBLIC EDUCATION.
 65.23 	A recipient of funds appropriated in this article shall incorporate civic engagement 
65.24 	and public education when implementing projects and programs funded under this article.

65.25 	Sec. 26.  REPEALER.
 65.26 	Minnesota Statutes 2010, section 114D.45, is repealed.

65.27 	Sec. 27. EFFECTIVE DATE; RELATIONSHIP TO OTHER 
65.28 	APPROPRIATIONS.
 65.29 	Unless otherwise specified, this article is effective retroactively from July 1, 2011, 
65.30 	and supersedes and replaces funding authorized by order of the Second Judicial District 
65.31 	Court in Case No. 62-CV-11-5203.

66.1 	ARTICLE 3
66.2 	PARKS AND TRAILS FUND

66.3	Section 1. PARKS AND TRAILS FUND APPROPRIATIONS.
 	
66.4 	The sums shown in the columns marked "Appropriations" are appropriated to 
66.5 	the agencies and for the purposes specified in this article. The appropriations are from 
66.6 	the parks and trails fund, or another named fund, and are available for the fiscal years 
66.7 	indicated for each purpose. "The first year" is fiscal year 2012. "The second year" is 
66.8 	fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the 
66.9 	fiscal year ending June 30, 2012, are effective the day following final enactment. All 
66.10 	appropriations in this article are onetime.

66.11				APPROPRIATIONS
	
66.12				Available for the Year
	
66.13				Ending June 30
	
66.14					2012
		2013

66.15	Sec. 2. PARKS AND TRAILS

66.16	Subdivision 1.Total Appropriation
 	$
	 39,676,000
	$
	38,468,000
	
66.17 	The amounts that may be spent for each 
66.18 	purpose are specified in the following 
66.19 	sections.

66.20	Subd. 2.Availability of Appropriation
 					
66.21 	Money appropriated in this article may 
66.22 	not be spent on activities unless they are 
66.23 	directly related to and necessary for a specific 
66.24 	appropriation. Money appropriated in this 
66.25 	article must not be spent on indirect costs 
66.26 	or other institutional overhead charges that 
66.27 	are not directly related to and necessary for 
66.28 	a specific appropriation. Notwithstanding 
66.29 	Minnesota Statutes, section 16A.28, and 
66.30 	unless otherwise specified in this article, 
66.31 	fiscal year 2012 appropriations are available 
66.32 	until June 30, 2014, and fiscal year 2013 
66.33 	appropriations are available until June 30, 
66.34 	2015. If a project receives federal funds, the 
67.1 	time period of the appropriation is extended 
67.2 	to equal the availability of federal funding.

67.3
67.4	Sec. 3. DEPARTMENT OF NATURAL 
RESOURCES
 	$
	 23,906,000
	$
	22,327,000
	
67.5 	(a) $14,262,000 the first year and 
67.6 	$14,603,000 the second year are for state 
67.7 	parks, recreation areas, and trails to:
67.8 	(1) connect people to the outdoors;
67.9 	(2) acquire land and create opportunities;
67.10 	(3) maintain existing holdings; and
67.11 	(4) improve cooperation by coordinating 
67.12 	with partners to implement the 25-year 
67.13 	long-range parks and trails legacy plan.
67.14 	(b) $2,100,000 the first year is for acquisition 
67.15 	of land adjacent to LaSalle Lake in Hubbard 
67.16 	County for a state recreation area. If the 
67.17 	acquisition is not completed by July 15, 
67.18 	2012, or if a balance remains after the 
67.19 	acquisition of the land, the money under this 
67.20 	paragraph is available for acquisitions under 
67.21 	paragraph (a), clause (2).
67.22 	(c) $7,506,000 the first year and $7,686,000 
67.23 	the second year are for parks and trails of 
67.24 	regional or statewide significance as follows:
67.25 	(1) $7,331,000 the first year and $7,686,000 
67.26 	the second year are for grants under 
67.27 	Minnesota Statutes, section 85.535, to 
67.28 	acquire, develop, improve, and restore 
67.29 	parks and trails of regional or statewide 
67.30 	significance outside of the metropolitan area, 
67.31 	as defined in Minnesota Statutes, section 
67.32 	473.121, subdivision 2; and
67.33 	(2) $175,000 the first year is for a grant to 
67.34 	the Greater Minnesota Regional Park and 
68.1 	Trail Coalition to: (1) establish protocols 
68.2 	to determine the origin of visitors, and 
68.3 	projection of potential use of greater 
68.4 	Minnesota regional parks and trails; (2) 
68.5 	collect and compile details on the facilities 
68.6 	within the greater Minnesota regional park 
68.7 	system; and (3) develop evaluation protocol 
68.8 	and criteria to determine priorities for park 
68.9 	and trail acquisition and development. No 
68.10 	local match is required for this grant.
68.11 	Notwithstanding Minnesota Statutes, section 
68.12 	85.535, subdivision 3, the local match 
68.13 	requirement is ten percent for money 
68.14 	appropriated in fiscal year 2012 for grants 
68.15 	under this section. The commissioner of 
68.16 	natural resources may reduce the nonstate 
68.17 	cash match requirement for grants awarded 
68.18 	to groups of three or more entities if the 
68.19 	commissioner determines that the nonstate 
68.20 	cash match requirement is a financial 
68.21 	burden to one or more of the entities. The 
68.22 	overall reduction in the nonstate cash match 
68.23 	requirement may not exceed 25 percent of 
68.24 	the original nonstate cash match requirement.
68.25 	Up to 2.5 percent of the total appropriation 
68.26 	may be used for administering the grants. 
68.27 	Any unencumbered balance at the end of a 
68.28 	fiscal year is available for the purposes in 
68.29 	paragraph (a).
68.30 	(d) $38,000 the first year and $38,000 the 
68.31 	second year are for a technical evaluation 
68.32 	panel to conduct up to ten restoration 
68.33 	evaluations under Minnesota Statutes, 
68.34 	section 85.53, subdivision 5.
69.1 	(e) The commissioner shall contract for 
69.2 	services with Conservation Corps Minnesota 
69.3 	for restoration, maintenance, and other 
69.4 	activities under this section for at least 
69.5 	$500,000 the first year and $500,000 the 
69.6 	second year.
69.7 	(f) The commissioner of natural resources 
69.8 	shall convene and facilitate a working group 
69.9 	of nine members to develop consensus 
69.10 	recommendations for the allocation of the 
69.11 	parks and trails fund. The working group 
69.12 	shall have representatives from metropolitan 
69.13 	parks and trails, greater Minnesota parks 
69.14 	and trails, and the Department of Natural 
69.15 	Resources Parks and Trails Division. 
69.16 	The consensus recommendations shall 
69.17 	be submitted no later than November 15, 
69.18 	2012, and presented to the governor for 
69.19 	consideration in the budget for fiscal years 
69.20 	2014 and 2015.

69.21	Sec. 4. METROPOLITAN COUNCIL
 	$
	 15,763,000
	$
	16,141,000
	
69.22 	(a) $15,763,000 the first year and $16,141,000 
69.23 	the second year are to be distributed under 
69.24 	Minnesota Statutes, section 85.53, 
69.25 	subdivision 3. The Metropolitan Council 
69.26 	may use a portion of this appropriation to 
69.27 	provide grants for metropolitan parks and 
69.28 	trails of regional or statewide significance 
69.29 	within the metropolitan area that are not 
69.30 	eligible under Minnesota Statutes, section 
69.31 	85.53, subdivision 3.
69.32 	(b) The Metropolitan Council shall submit 
69.33 	a report on the expenditure and use of 
69.34 	money appropriated under this section to 
69.35 	the legislature as provided in Minnesota 
70.1 	Statutes, section 3.195, by March 1 of each 
70.2 	year. The report must detail the outcomes in 
70.3 	terms of additional use of parks and trails 
70.4 	resources, user satisfaction surveys, and 
70.5 	other appropriate outcomes. 

70.6	Sec. 5. LEGISLATURE
 	$
	 7,000
	$
	-0-
	
70.7 	$7,000 the first year is for the Legislative 
70.8 	Coordinating Commission for the costs of 
70.9 	developing and implementing a Web site to 
70.10 	contain information on projects receiving 
70.11 	appropriations from the parks and trails fund 
70.12 	and other constitutionally dedicated funds.

70.13 	Sec. 6. Minnesota Statutes 2010, section 85.013, is amended by adding a subdivision 
70.14 	to read:
70.15 		Subd. 15a.LaSalle Lake State Recreation Area, Hubbard County.

70.16 	Sec. 7. Minnesota Statutes 2010, section 85.53, subdivision 5, is amended to read:
70.17 		Subd. 5.Restoration evaluations. Beginning July 1, 2011, The commissioner 
70.18 	of natural resources shall may convene a technical evaluation panel comprised of five 
70.19 	members, including one technical representative from the Board of Water and Soil 
70.20 	Resources, one technical representative from the Department of Natural Resources, one 
70.21 	technical expert from the University of Minnesota or the Minnesota State Colleges and 
70.22 	Universities, and two other representatives with expertise related to the project being 
70.23 	evaluated. The commissioner may add a technical representative from a unit of federal or 
70.24 	local government. The members of the technical evaluation panel may not be associated 
70.25 	with the restoration, may vary depending upon the projects being reviewed, and shall 
70.26 	avoid any potential conflicts of interest. Each year, the commissioner shall may assign 
70.27 	a coordinator to identify a sample of up to ten habitat restoration projects completed 
70.28 	with parks and trails funding. The coordinator shall secure the restoration plans for the 
70.29 	projects specified and direct the technical evaluation panel to evaluate the restorations 
70.30 	relative to the law, current science, and the stated goals and standards in the restoration 
70.31 	plan and, when applicable, to the Board of Water and Soil Resources' native vegetation 
70.32 	establishment and enhancement guidelines. The coordinator shall summarize the findings 
70.33 	of the panel and provide a report to the chairs of the respective house of representatives 
71.1 	and senate policy and finance committees with jurisdiction over natural resources and 
71.2 	spending from the parks and trails fund. The report shall determine if the restorations are 
71.3 	meeting planned goals, any problems with the implementation of restorations, and, if 
71.4 	necessary, recommendations on improving restorations. The report shall be focused on 
71.5 	improving future restorations. Up to one-tenth of one percent of forecasted receipts from 
71.6 	the parks and trails fund may be used for restoration evaluations under this section.

71.7 	Sec. 8. LASALLE LAKE STATE RECREATION AREA.
 71.8 		Subdivision 1.LaSalle Lake State Recreation Area, Hubbard County. The 
71.9 	LaSalle Lake State Recreation Area is established in Hubbard County.
71.10 		Subd. 2.Boundaries. The following described lands are located within the 
71.11 	boundaries of the LaSalle Lake State Recreation Area, all in Hubbard County:
71.12 	(1) the Southwest Quarter of the Southwest Quarter and the Northwest Quarter of the 
71.13 	Southwest Quarter, except the East 10 acres thereof, of Section 29; the Northeast Quarter 
71.14 	of the Northeast Quarter, the Northwest Quarter of the Northeast Quarter, the Southwest 
71.15 	Quarter of the Northeast Quarter, the Northeast Quarter of the Southwest Quarter, the 
71.16 	Southeast Quarter of the Northwest Quarter, the Southeast Quarter of the Northeast 
71.17 	Quarter, and Government Lots 2, 3, 4, 5, 6, 7, 8, and 9, of Section 30; Government Lots 1, 
71.18 	2, 5, 6, 7, 8, 9, and 10, of Section 31; and Government Lots 1 and 4 of Section 32; all in 
71.19 	Township 145 North, Range 35 West; and
71.20 	(2) Government Lot 12, Section 19, Township 145 North, Range 35.
71.21 		Subd. 3.Administration. The commissioner of natural resources shall administer 
71.22 	the area according to Minnesota Statutes, section 86A.05, subdivision 3, subject to 
71.23 	existing rules and regulations for state recreation areas. LaSalle Lake State Recreation 
71.24 	Area shall be administered as a satellite unit of Itasca State Park.

71.25 	Sec. 9. LASALLE LAKE STATE RECREATION AREA MANAGEMENT 
71.26 	OPTIONS.
 71.27 	By March 1, 2012, the commissioner of natural resources shall submit a report to 
71.28 	the senate and house of representatives committees and divisions with jurisdiction over 
71.29 	natural resources policy and finance evaluating options for the management of the resort 
71.30 	within the LaSalle Lake State Recreation Area, including an evaluation of the option 
71.31 	to lease the resort to a nonstate entity. The evaluation shall include potential financial 
71.32 	arrangements or mechanisms that would make the equivalent of local taxes or payments in 
71.33 	lieu of taxes the responsibility of the nonstate entity.

72.1 	Sec. 10. EFFECTIVE DATE; RELATIONSHIP TO OTHER 
72.2 	APPROPRIATIONS.
 72.3 	Unless otherwise specified, this article is effective retroactively from July 1, 2011, 
72.4 	and supersedes and replaces funding authorized by order of the Second Judicial District 
72.5 	Court in Case No. 62-CV-11-5203.

72.6 	ARTICLE 4
72.7 	ARTS AND CULTURAL HERITAGE FUND

72.8	Section 1. ARTS AND CULTURAL HERITAGE FUND APPROPRIATIONS.
 	
72.9 	The sums shown in the columns marked "Appropriations" are appropriated to the 
72.10 	entities and for the purposes specified in this article. The appropriations are from the arts 
72.11 	and cultural heritage fund, and are available for the fiscal years indicated for allowable 
72.12 	activities under the Minnesota Constitution, article XI, section 15. "The first year" is fiscal 
72.13 	year 2012. "The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 
72.14 	and 2013. All appropriations in this article are onetime.

72.15				APPROPRIATIONS
	
72.16				Available for the Year
	
72.17				Ending June 30
	
72.18					2012
		2013

72.19	Sec. 2. ARTS AND CULTURAL HERITAGE

72.20	Subdivision 1.Total Appropriation
 	$
	 52,600,000
	$
	 52,714,000
	
72.21 	The amounts that may be spent for each 
72.22 	purpose are specified in the following 
72.23 	subdivisions.

72.24	Subd. 2.Availability of Appropriation
 					
72.25 	Money appropriated in this article may 
72.26 	not be spent on activities unless they are 
72.27 	directly related to and necessary for a specific 
72.28 	appropriation. Money appropriated in this 
72.29 	article must not be spent on indirect costs 
72.30 	or other institutional overhead charges that 
72.31 	are not directly related to and necessary for 
72.32 	a specific appropriation. Notwithstanding 
72.33 	Minnesota Statutes, section 16A.28, and 
72.34 	unless otherwise specified in this article, 
73.1 	fiscal year 2012 appropriations are available 
73.2 	until June 30, 2013, and fiscal year 2013 
73.3 	appropriations are available until June 30, 
73.4 	2014. If a project receives federal funds, the 
73.5 	time period of the appropriation is extended 
73.6 	to equal the availability of federal funding.

73.7	Subd. 3.Minnesota State Arts Board
 		 22,167,000
		23,314,000
	
73.8 	These amounts are appropriated to the 
73.9 	Minnesota State Arts Board for arts, arts 
73.10 	education, and arts access. Grant agreements 
73.11 	entered into by the Minnesota State Arts 
73.12 	Board and other recipients of appropriations 
73.13 	in this subdivision shall ensure that 
73.14 	these funds are used to supplement and 
73.15 	not substitute for traditional sources of 
73.16 	funding. Appropriations made directly 
73.17 	to the Minnesota State Arts Board shall 
73.18 	supplement, and shall not substitute for, 
73.19 	traditional sources of funding. Each grant 
73.20 	program established within this appropriation 
73.21 	shall be separately administered from other 
73.22 	state appropriations for program planning 
73.23 	and outcome measurements, but may take 
73.24 	into consideration other state resources 
73.25 	awarded in the selection of applicants and 
73.26 	grant award size.
73.27 	Arts and Arts Access Initiatives. 
73.28 	$17,003,000 the first year and $18,150,000 
73.29 	the second year are to support Minnesota 
73.30 	artists and arts organizations in creating, 
73.31 	producing, and presenting high-quality arts 
73.32 	activities; to overcome barriers to accessing 
73.33 	high-quality arts activities; and to instill the 
73.34 	arts into the community and public life in 
73.35 	this state.
74.1 	A portion of these funds may be used to:
74.2 	(1) pay attendance fees and travel costs 
74.3 	for youth to visit art museums, arts 
74.4 	performances, or other arts activities; or
74.5 	(2) bring artists to schools, libraries, or other 
74.6 	community centers or organizations for 
74.7 	teaching, training, or performance purposes.
74.8 	Arts Education. $3,276,000 the first year 
74.9 	and $3,276,000 the second year are for 
74.10 	high-quality, age-appropriate arts education 
74.11 	for Minnesotans of all ages to develop 
74.12 	knowledge, skills, and understanding of the 
74.13 	arts.
74.14 	In collaboration with the Perpich Center 
74.15 	for Arts Education, a portion of this 
74.16 	appropriation may be used for grants to 
74.17 	school districts to provide materials or 
74.18 	resources to teachers, students, and parents 
74.19 	to promote achievement of K-12 academic 
74.20 	standards in the arts.
74.21 	Arts and Cultural Heritage. $1,073,000 
74.22 	the first year and $1,073,000 the second year 
74.23 	are for events and activities that represent the 
74.24 	diverse cultural arts traditions, including folk 
74.25 	and traditional artists and art organizations, 
74.26 	represented in this state.
74.27 	Administration, Fiscal Oversight, and 
74.28 	Accountability. $815,000 the first year 
74.29 	and $815,000 the second year are for 
74.30 	administration of grant programs, delivering 
74.31 	technical services, providing fiscal oversight 
74.32 	for the statewide system, and ensuring 
74.33 	accountability for these state resources.
75.1 	Census. The Minnesota State Arts Board, in 
75.2 	partnership with regional arts councils, shall 
75.3 	maintain a census of Minnesota artists and 
75.4 	artistic organizations.
75.5 	Thirty percent of the total appropriated to 
75.6 	each of the categories established in this 
75.7 	subdivision is for grants to the regional arts 
75.8 	councils. This percentage does not apply to 
75.9 	administrative costs.

75.10	Subd. 4.Department of Education
 		3,000,000
		3,000,000
	
75.11 	These amounts are appropriated to the 
75.12 	commissioner of education for grants 
75.13 	allocated using existing formulas under 
75.14 	Minnesota Statutes, section 134.355, to the 
75.15 	12 Minnesota regional library systems, to 
75.16 	provide educational opportunities in the arts, 
75.17 	history, literary arts, and cultural heritage 
75.18 	of Minnesota. These funds may be used 
75.19 	to sponsor programs provided by regional 
75.20 	libraries or to provide grants to local arts 
75.21 	and cultural heritage programs for programs 
75.22 	in partnership with regional libraries. This 
75.23 	appropriation is available until June 30, 2015.

75.24	Subd. 5.Minnesota Historical Society
 		12,050,000
		12,050,000
	
75.25 	These amounts are appropriated to the 
75.26 	governing board of the Minnesota Historical 
75.27 	Society to preserve and enhance access to 
75.28 	Minnesota's history and its cultural and 
75.29 	historical resources. Grant agreements 
75.30 	entered into by the Minnesota Historical 
75.31 	Society and other recipients of appropriations 
75.32 	in this subdivision shall ensure that 
75.33 	these funds are used to supplement and 
75.34 	not substitute for traditional sources of 
75.35 	funding. Funds directly appropriated to the 
76.1 	Minnesota Historical Society shall be used to 
76.2 	supplement, and not substitute for, traditional 
76.3 	sources of funding. Notwithstanding 
76.4 	Minnesota Statutes, section 16A.28, for 
76.5 	historic preservation projects that improve 
76.6 	historic structures, the amounts are available 
76.7 	until June 30, 2015.
76.8 	Statewide Historic and Cultural Grants. 
76.9 	$5,250,000 the first year and $5,250,000 
76.10 	the second year are for history programs 
76.11 	and projects operated or conducted by or 
76.12 	through local, county, regional, or other 
76.13 	historical or cultural organizations; or for 
76.14 	activities to preserve significant historic 
76.15 	and cultural resources. Funds are to be 
76.16 	distributed through a competitive grants 
76.17 	process. The Minnesota Historical Society 
76.18 	shall administer these funds using established 
76.19 	grants mechanisms, with assistance from 
76.20 	the advisory committee created under Laws 
76.21 	2009, chapter 172, article 4, section 2, 
76.22 	subdivision 4, paragraph (b), item (ii).
76.23 	Programs. $4,800,000 the first year and 
76.24 	$4,800,000 the second year are for programs 
76.25 	and purposes related to the historical and 
76.26 	cultural heritage of the state of Minnesota, 
76.27 	conducted by the Minnesota Historical 
76.28 	Society.
76.29 	History Partnerships. $1,500,000 the 
76.30 	first year and $1,500,000 the second year 
76.31 	are for partnerships involving multiple 
76.32 	organizations, which may include the 
76.33 	Minnesota Historical Society, to preserve and 
76.34 	enhance access to Minnesota's history and 
76.35 	cultural heritage in all regions of the state.
77.1 	Statewide Survey of Historical and 
77.2 	Archaeological Sites. $250,000 the first 
77.3 	year and $250,000 the second year are 
77.4 	for a contract or contracts to be let on a 
77.5 	competitive basis to conduct statewide 
77.6 	surveys of Minnesota's sites of historical, 
77.7 	archaeological, and cultural significance. 
77.8 	Results of this survey must be published in 
77.9 	a searchable form, available to the public on 
77.10 	a cost-free basis. The Minnesota Historical 
77.11 	Society, the Office of the State Archaeologist, 
77.12 	and the Indian Affairs Council shall each 
77.13 	appoint a representative to an oversight 
77.14 	board to select contractors and direct the 
77.15 	conduct of these surveys. The oversight 
77.16 	board shall consult with the Departments of 
77.17 	Transportation and Natural Resources.
77.18 	Digital Library. $250,000 the first year and 
77.19 	$250,000 the second year are for a digital 
77.20 	library project to preserve, digitize, and share 
77.21 	Minnesota images, documents, and historical 
77.22 	materials. The Minnesota Historical Society 
77.23 	shall cooperate with the Minitex interlibrary 
77.24 	loan system and shall jointly share this 
77.25 	appropriation for these purposes.

77.26	Subd. 6.Department of Administration
 		 9,175,000
		8,150,000
	
77.27 	These amounts are appropriated to the 
77.28 	commissioner of administration for grants 
77.29 	to the named organizations for the purposes 
77.30 	specified in this subdivision. Up to one 
77.31 	percent of funds may be used by the 
77.32 	commissioner for grants administration.
77.33 	Grant agreements entered into by 
77.34 	the commissioner and recipients of 
77.35 	appropriations in this subdivision must 
78.1 	ensure that money appropriated in this 
78.2 	subdivision is used to supplement and not 
78.3 	substitute for traditional sources of funding.
78.4 	Public Radio Grants. $2,650,000 the first 
78.5 	year and $2,650,000 the second year are for 
78.6 	a competitive Arts and Cultural Heritage 
78.7 	Grants Program-Public Radio.
78.8 	The commissioner shall solicit proposals 
78.9 	and award grants to public radio stations 
78.10 	that satisfy the eligibility requirements 
78.11 	under Minnesota Statutes, section 129D.14, 
78.12 	subdivision 3, and create, produce, acquire, 
78.13 	or distribute radio programs that educate, 
78.14 	enhance, or promote local, regional, or 
78.15 	statewide items of artistic, cultural, or 
78.16 	historic significance. The commissioner 
78.17 	shall give preference to projects that 
78.18 	expand Minnesotans' access to knowledge, 
78.19 	information, arts, state history, or cultural 
78.20 	heritage. This appropriation is available for 
78.21 	eligible costs incurred as of July 1, 2011, and 
78.22 	does not expire until June 30, 2015.
78.23 	Public Television. $3,700,000 the first 
78.24 	year and $3,700,000 the second year are for 
78.25 	grants to the Minnesota Public Television 
78.26 	Association for production and acquisition 
78.27 	grants according to Minnesota Statutes, 
78.28 	section 129D.18. In recognition of the 
78.29 	sesquicentennial of the American Civil 
78.30 	War, the Minnesota Public Television 
78.31 	Association shall produce new programming 
78.32 	on Minnesota history during that period. 
78.33 	This appropriation is available for eligible 
78.34 	costs incurred as of July 1, 2011, and does 
78.35 	not expire until June 30, 2015.
79.1 	Veterans Camps. $475,000 the first year 
79.2 	is for grants of $400,000 to the Disabled 
79.3 	Veterans Rest Camp located on Big Marine 
79.4 	Lake in Washington County and $75,000 to 
79.5 	the Veterans on the Lake Resort located on 
79.6 	Fall Lake in St. Louis County.
79.7 	Zoos. $300,000 the first year and $300,000 
79.8 	the second year are for grants of $200,000 
79.9 	each year to the Como Park Zoo and 
79.10 	$100,000 each year to the Lake Superior Zoo 
79.11 	for programmatic development.
79.12 	Minnesota Children's Museum. $500,000 
79.13 	the first year and $500,000 the second year 
79.14 	are for grants to the Minnesota Children's 
79.15 	Museum. These amounts are for arts, arts 
79.16 	education, and arts access and to preserve 
79.17 	Minnesota's history and cultural heritage.
79.18 	Science Museum of Minnesota. $500,000 
79.19 	the first year and $500,000 the second year 
79.20 	are for grants to the Science Museum of 
79.21 	Minnesota. These amounts are for arts, arts 
79.22 	education, and arts access and to preserve 
79.23 	Minnesota's history and cultural heritage.
79.24 	Minnesota Film and TV Board. $500,000 
79.25 	the first year and $500,000 the second year 
79.26 	are for grants to the Minnesota Film and 
79.27 	TV Board for grants to Minnesota residents 
79.28 	to create film or television productions that 
79.29 	promote Minnesota's cultural heritage and 
79.30 	for the film production jobs program under 
79.31 	Minnesota Statutes, section 116U.26. This 
79.32 	appropriation is available until June 30, 2015.
79.33 	State Capitol Preservation Commission. 
79.34 	$550,000 the first year is for the purposes of 
80.1 	Minnesota Statutes, section 16B.2405. This 
80.2 	appropriation is available until spent. 

80.3	Subd. 7.Minnesota Zoological Garden
 		1,500,000
		1,500,000
	
80.4 	These amounts are appropriated to 
80.5 	the Minnesota Zoological Board for 
80.6 	programmatic development of the Minnesota 
80.7 	Zoo.

80.8	Subd. 8.Minnesota Humanities Center 
 		1,575,000
		1,575,000
	
80.9 	These amounts are appropriated to the board 
80.10 	of directors of the Minnesota Humanities 
80.11 	Center for the purposes specified in this 
80.12 	subdivision.
80.13 	Programs and Purposes. $325,000 the first 
80.14 	year and $325,000 the second year are for 
80.15 	programs and purposes of the Minnesota 
80.16 	Humanities Center.
80.17 	The Minnesota Humanities Center may 
80.18 	consider museums and organizations 
80.19 	celebrating the ethnic identities of 
80.20 	Minnesotans for grants from these funds.
80.21 	Councils of Color. $500,000 the first 
80.22 	year and $500,000 the second year are for 
80.23 	competitive grants to the Council on Asian 
80.24 	Pacific Minnesotans, the Council on Black 
80.25 	Minnesotans, the Indian Affairs Council, and 
80.26 	the Chicano Latino Affairs Council. Grants 
80.27 	are for programs and cooperation between 
80.28 	the Minnesota Humanities Center and the 
80.29 	grant recipients for community events and 
80.30 	programs that celebrate and preserve artistic, 
80.31 	historical, and cultural heritage.
80.32 	Civics Education. $250,000 the first year 
80.33 	and $250,000 the second year are for a 
80.34 	competitive Arts and Cultural Heritage 
81.1 	Grants Program-Civics Education. The 
81.2 	commissioner shall award grants to entities 
81.3 	that conduct civics education programs 
81.4 	for the civic and cultural development of 
81.5 	Minnesota youth.
81.6 	Children's Museums Grants. $500,000 the 
81.7 	first year and $500,000 the second year are 
81.8 	for a competitive Arts and Cultural Heritage 
81.9 	Grants Program-Children's Museums.
81.10 	The board of directors shall solicit proposals 
81.11 	and award grants to children's museums 
81.12 	for projects and programs that maintain or 
81.13 	promote our cultural heritage.

81.14	Subd. 9.Perpich Center For Arts Education
 		850,000
		850,000
	
81.15 	These amounts are appropriated to the board 
81.16 	of directors of the Perpich Center for Arts 
81.17 	Education for arts, arts education, and arts 
81.18 	access and to preserve Minnesota's history 
81.19 	and cultural heritage. This appropriation is 
81.20 	available until June 30, 2015.

81.21	Subd. 10.Department of Agriculture
 		1,400,000
		1,400,000
	
81.22 	These amounts are appropriated to the 
81.23 	commissioner of agriculture for grants to 
81.24 	county agricultural societies to enhance arts 
81.25 	access and education and to preserve and 
81.26 	promote Minnesota's history and cultural 
81.27 	heritage as embodied in its county fairs. 
81.28 	The grants shall be in addition to the aid 
81.29 	distributed to county agricultural societies 
81.30 	under Minnesota Statutes, section 38.02. The 
81.31 	commissioner shall award grants as follows:
81.32 	(1) $700,000 each year distributed in equal 
81.33 	amounts to each of the state's county fairs 
81.34 	to enhance arts access and education and to 
82.1 	preserve and promote Minnesota's history 
82.2 	and cultural heritage; and
82.3 	(2) $700,000 each year for a competitive 
82.4 	Arts and Cultural Heritage Grants 
82.5 	Program-County Fairs. The commissioner 
82.6 	shall award grants for the development or 
82.7 	enhancement of county fair facilities or other 
82.8 	projects or programs that provide access 
82.9 	to the arts, arts education, or agricultural, 
82.10 	historical, and cultural heritage programs, 
82.11 	including but not limited to agricultural 
82.12 	education centers, arts buildings, and 
82.13 	performance stages.

82.14	Subd. 11.Indian Affairs Council
 		875,000
		875,000
	
82.15 	These amounts are appropriated to the Indian 
82.16 	Affairs Council for the purposes identified in 
82.17 	this subdivision.
82.18 	Language Working Group. $75,000 the 
82.19 	first year and $75,000 the second year are 
82.20 	for continuation of the Working Group on 
82.21 	Dakota and Ojibwe Language Revitalization 
82.22 	and Preservation established under Laws 
82.23 	2009, chapter 172, article 4, section 9.
82.24 	Language Preservation and Education. 
82.25 	$550,000 the first year and $550,000 the 
82.26 	second year are for grants for programs 
82.27 	that preserve Dakota and Ojibwe Indian 
82.28 	languages and to foster educational programs 
82.29 	in Dakota and Ojibwe languages.
82.30 	Language Immersion. $250,000 the first 
82.31 	year and $250,000 the second year are for 
82.32 	grants of $125,000 each year to the Niigaane 
82.33 	Ojibwe Immersion School and the Wicoie 
82.34 	Nandagikendan Urban Immersion Project to:
83.1 	(1) develop and expand K-12 curriculum;
83.2 	(2) provide fluent speakers in the classroom;
83.3 	(3) develop appropriate testing and 
83.4 	evaluation procedures; and
83.5 	(4) develop community-based training and 
83.6 	engagement.

83.7	Subd. 12.Legislature
 		8,000
		-0-
	
83.8 	This amount is appropriated to the Legislative 
83.9 	Coordinating Commission to operate the 
83.10 	Web site for dedicated funds required 
83.11 	under Minnesota Statutes, section 3.303, 
83.12 	subdivision 10.

83.13 	Sec. 3. [15B.32] STATE CAPITOL PRESERVATION COMMISSION.
83.14 		Subdivision 1.Definitions. (a) As used in this section, the terms defined in this 
83.15 	subdivision have the following meanings.
83.16 	(b) "Commission" means the State Capitol Preservation Commission created under 
83.17 	this section.
83.18 	(c) "Capitol Area" means the geographic area defined in section 15B.02.
83.19 	(d) "Board" means the Capitol Area Architectural and Planning Board created under 
83.20 	section 15B.03.
83.21 	(e) "Predesign" has the meaning given in section 16B.335, subdivision 3, paragraph 
83.22 	(a).
83.23 		Subd. 2.Membership. The State Capitol Preservation Commission consists of 22 
83.24 	members, appointed as follows:
83.25 	(1) the governor;
83.26 	(2) the lieutenant governor;
83.27 	(3) the attorney general;
83.28 	(4) the chief justice of the Supreme Court, or the chief justice's designee, who shall 
83.29 	be a member of the Supreme Court;
83.30 	(5) the majority leader of the senate or the majority leader's designee, who shall be 
83.31 	a member of the senate;
83.32 	(6) the speaker of the house or the speaker's designee, who shall be a member of the 
83.33 	house of representatives;
84.1 	(7) two members of the senate, including one member from the majority party 
84.2 	appointed by the majority leader and one member from the minority party appointed by 
84.3 	the minority leader;
84.4 	(8) two members of the house of representatives, including one member appointed 
84.5 	by the speaker of the house and one member from the minority party appointed by the 
84.6 	minority leader;
84.7 	(9) the chair and ranking minority member of the house of representatives committee 
84.8 	with jurisdiction over capital investment and the chair and ranking minority member of 
84.9 	the senate committee with jurisdiction over capital investment;
84.10 	(10) the commissioner of administration or the commissioner's designee;
84.11 	(11) the commissioner of public safety or the commissioner's designee;
84.12 	(12) the executive director of the Minnesota Historical Society or the executive 
84.13 	director's designee;
84.14 	(13) the executive secretary of the Capitol Area Architectural and Planning Board; 
84.15 	and
84.16 	(14) four public members appointed by the governor.
84.17 		Subd. 3.Terms and compensation. (a) A member serving on the commission 
84.18 	because the member or the appointing authority for the member holds an elected or 
84.19 	appointed office shall serve on the commission as long as the member or the appointing 
84.20 	authority holds the office.
84.21 	(b) Public members of the commission shall serve two-year terms. The public 
84.22 	members may not serve for more than three consecutive terms.
84.23 	(c) The removal of members and filling of vacancies on the commission are as 
84.24 	provided in section 15.059. Public members may receive compensation and expenses as 
84.25 	provided under section 15.059, subdivision 3.
84.26 		Subd. 4.Officers and meetings. (a) The governor is the chair of the commission. 
84.27 	The lieutenant governor is the vice-chair of the commission and may act as the chair 
84.28 	of the commission in the absence of the governor. The governor may designate a staff 
84.29 	member to attend commission meetings and vote on the governor's behalf in the absence 
84.30 	of the governor.
84.31 	(b) The commission shall meet at least quarterly and at other times at the call of the 
84.32 	chair. Meetings of the commission are subject to chapter 13D.
84.33 		Subd. 5.Administrative support. The commission may designate an executive 
84.34 	secretary and obtain administrative support through a contract with a state agency or 
84.35 	other means.
84.36 		Subd. 6.Duties. (a) The commission:
85.1 	(1) shall exercise ongoing coordination of the restoration, protection, risk 
85.2 	management, and preservation of the Capitol building;
85.3 	(2) shall consult with and advise the commissioner of administration, the board, and 
85.4 	the Minnesota Historical Society regarding their applicable statutory responsibilities 
85.5 	for and in the Capitol building;
85.6 	(3) may assist in the selection of an architectural firm to assist in the preparation of 
85.7 	the predesign plan for the restoration of the Capitol building;
85.8 	(4) shall develop a comprehensive, multiyear, predesign plan for the restoration 
85.9 	of the Capitol building, review the plan periodically, and, as appropriate, amend and 
85.10 	modify the plan. The predesign plan shall identify appropriate and required functions of 
85.11 	the Capitol building; identify and address space requirements for legislative, executive, 
85.12 	and judicial branch functions; and identify and address the long-term maintenance 
85.13 	and preservation requirements of the Capitol building. In developing the predesign 
85.14 	plan, the commission shall take into account the comprehensive plan for the Minnesota 
85.15 	State Capitol Area, as amended in 2010, the rules governing zoning and design for the 
85.16 	Capitol Area, citizen access, information technology needs, energy efficiency, security, 
85.17 	educational programs including public and school tours, and any additional space needs 
85.18 	for the efficient operation of state government;
85.19 	(5) shall develop and implement a comprehensive financial plan to fund the 
85.20 	preservation and restoration of the Capitol building;
85.21 	(6) shall provide annual reports about the condition of the Capitol building and its 
85.22 	needs, as well as all activities related to the restoration of the Capitol building; and
85.23 	(7) may solicit gifts, grants, or donations of any kind from any private or public 
85.24 	source to carry out the purposes of this section. All gifts, grants, or donations received by 
85.25 	the commission shall be deposited in a State Capitol preservation account established in 
85.26 	the special revenue fund. Money in the account is appropriated to the commissioner of 
85.27 	administration for the activities of the commission and implementation of the predesign 
85.28 	plan under this section.
85.29 	(b) By January 15 of each year, the commission shall report to the chairs and ranking 
85.30 	minority members of the legislative committees with jurisdiction over the commission 
85.31 	regarding the activities and efforts of the commission in the preceding calendar year, 
85.32 	including recommendations adopted by the commission, the comprehensive financial plan 
85.33 	required under paragraph (a), clause (5), and any proposed draft legislation necessary to 
85.34 	implement the recommendations of the commission.
85.35 		Subd. 7.Expiration. Notwithstanding section 15.059, subdivision 5, the State 
85.36 	Capitol Preservation Commission does not expire.

86.1 	Sec. 4. [15B.34] CAPITOL BUILDING POWERS AND DUTIES.
86.2 	The board shall:
86.3 	(1) jointly, with the commissioner of administration and the Minnesota Historical 
86.4 	Society, establish standards and policies for the repair, furnishing, appearance, and 
86.5 	cleanliness of and change to the public and ceremonial areas of the Capitol building;
86.6 	(2) review and approve plans and specifications and any changes to approved plans 
86.7 	and specifications involving the alteration of the public and ceremonial areas and the 
86.8 	exterior of the Capitol building;
86.9 	(3) jointly, with the Minnesota Historical Society, review and approve the design, 
86.10 	structural composition, and location of all monuments, memorials, or works of art 
86.11 	presently located in the public and ceremonial areas of the State Capitol, or that will be 
86.12 	placed in the public or ceremonial areas, according to section 138.68; and
86.13 	(4) assist the State Capitol Preservation Commission with performance of its duties 
86.14 	as needed.

86.15 	Sec. 5. [16B.2405] CAPITOL BUILDING POWERS AND DUTIES.
86.16 	The commissioner, upon receipt of funding for these purposes, shall:
86.17 	(1) maintain and operate the Capitol building and grounds according to section 
86.18 	16B.24 and other applicable law;
86.19 	(2) designate a project manager to oversee and manage predesign, design, and 
86.20 	construction contracts and funding for all modifications to the Capitol building;
86.21 	(3) manage design and construction projects and funding for the Capitol building 
86.22 	according to section 16B.31 and other applicable law;
86.23 	(4) lease space in the Capitol building, as provided in section 16B.24, to state 
86.24 	agencies, constitutional officers, and the court administrator on behalf of the judicial 
86.25 	branch and allocate space in the Capitol building to the legislative branch as determined 
86.26 	by the commission;
86.27 	(5) provide information about the Capitol building to the commission, legislative 
86.28 	bodies, and others as needed regarding maintenance, operation, leasing, condition 
86.29 	assessments, design, and construction projects; and
86.30 	(6) assist the State Capitol Preservation Commission with performance of its duties 
86.31 	as needed.

86.32 	Sec. 6. Minnesota Statutes 2010, section 129D.18, subdivision 3, is amended to read:
86.33 		Subd. 3.Conditions. (a) A public station receiving funds appropriated under this 
86.34 	section must:
87.1 	(1) make programs produced with these funds available for broadcast to all other 
87.2 	public stations eligible to receive grants under this section;
87.3 	(2) offer free public performance rights forclassroom use of programs produced 
87.4 	with these funds to public educational institutions, excluding those materials for which 
87.5 	public television stations do not have rights to distribute;
87.6 	(3) archive programs produced with these funds and make the programs available 
87.7 	for future use through encore broadcast or other distribution, including online; and
87.8 	(4) ensure that underwriting credit is given to the Minnesota arts and cultural 
87.9 	heritage fund.
87.10 	(b) Programs produced in partnership with other mission-centered nonprofit 
87.11 	organizations may be used by the partnering organization for their own educational or 
87.12 	promotional purposes.

87.13 	Sec. 7. Minnesota Statutes 2010, section 129D.18, subdivision 4, is amended to read:
87.14 		Subd. 4.Reporting. A public station receiving funds appropriated under this section 
87.15 	must report annually by January 15 to the commissioner, the Legislative Coordinating 
87.16 	Commission, and the chairs and ranking minority members of the senate and house 
87.17 	of representatives committees and divisions having jurisdiction over arts and cultural 
87.18 	heritage policy and finance regarding how the previous year's grant funds were expended. 
87.19 	ThisIn addition to all information required of each recipient of money from the arts and 
87.20 	cultural heritage fund under section 3.303, subdivision 10, the report must contain specific 
87.21 	information for each program produced and broadcast, including the cost of production, 
87.22 	the number of stations broadcasting the program, estimated viewership, the number of 
87.23 	hours of legacy program content available for streaming on Web site downloads sites, 
87.24 	and other related measures. If the programs produced include educational material, the 
87.25 	public station must report on these efforts.

87.26 	Sec. 8. Minnesota Statutes 2010, section 129D.19, subdivision 5, is amended to read:
87.27 		Subd. 5.Reporting. A noncommercial radio station receiving funds appropriated 
87.28 	under this section must report annually by January 15 to the commissioner, the Legislative 
87.29 	Coordinating Commission, and the chairs and ranking minority members of the senate 
87.30 	and house of representatives committees and divisions having jurisdiction over arts and 
87.31 	cultural heritage policy and finance regarding how the previous year's grant funds were 
87.32 	expended. ThisIn addition to all information required of each recipient of money from 
87.33 	the arts and cultural heritage fund under section 3.303, subdivision 10, the report must 
87.34 	contain specific information for each program produced and broadcast, including the 
88.1 	cost of production, the number of stations broadcasting the program, estimated number 
88.2 	of listeners, and other related measures. If the programs produced include educational 
88.3 	material, the noncommercial radio station must report on these efforts.

88.4 	Sec. 9. [138.70] CAPITOL BUILDING POWERS AND DUTIES.
88.5 	The Minnesota Historical Society shall:
88.6 	(1) assist and advise in research and preservation of historical features of the Capitol 
88.7 	building, appropriate custodial policies, and maintaining and repairing works of art 
88.8 	according to section 138.69;
88.9 	(2) jointly, with the Capitol Area Architectural and Planning Board, review and 
88.10 	approve the design, structural composition, and location of all monuments, memorials, or 
88.11 	works of art presently located in the public and ceremonial areas of the Capitol building, 
88.12 	or proposed for placement in the public or ceremonial areas, according to section 138.68;
88.13 	(3) assist with planning and design of restoration and renovations of the Capitol 
88.14 	building in order to provide public access and education through public interpretive 
88.15 	programs according to the society's statutory responsibilities under section 138.69; and
88.16 	(4) assist the State Capitol Preservation Commission with performance of its duties 
88.17 	as needed.

88.18 	Sec. 10. Laws 2009, chapter 172, article 4, section 9, subdivision 5, is amended to read:
88.19 		Subd. 5.Report. The working group must report its findings and recommendations, 
88.20 	including draft legislation, if necessary, to the Indian Affairs Council and the chairs and 
88.21 	ranking minority members of the legislative committees and divisions with jurisdiction 
88.22 	over early childhood through grade 12 education and, higher education, and arts and 
88.23 	cultural heritage policy or finance by February 15, 2011, and again by February 15, 2012. 
88.24 	The committee working group expires on February 16, 2011 2013.

88.25 	Sec. 11. STATE CAPITOL PRESERVATION COMMISSION APPOINTMENTS 
88.26 	AND FIRST MEETING.
 88.27 	The appointing authorities designated in Minnesota Statutes, section 15B.32, 
88.28 	subdivision 2, must complete their initial appointments to the commission no later than 
88.29 	August 1, 2011. The governor, or the governor's designee, shall convene the first meeting 
88.30 	of the commission within 30 days after the appointments required under this section 
88.31 	have been completed.

89.1 	Sec. 12. EFFECTIVE DATE; RELATIONSHIP TO OTHER 
89.2 	APPROPRIATIONS.
 89.3 	Unless otherwise specified, this article is effective retroactively from July 1, 2011, 
89.4 	and supersedes and replaces funding authorized by order of the Second Judicial District 
89.5 	Court in Case No. 62-CV-11-5203.

89.6 	ARTICLE 5
89.7 	GENERAL PROVISIONS; ALL LEGACY FUNDS

89.8 	Section 1. Minnesota Statutes 2010, section 3.303, subdivision 10, is amended to read:
89.9 		Subd. 10.Constitutionally dedicated funding accountability. (a) The Legislative 
89.10 	Coordinating Commission shall develop and maintain a user-friendly, public-oriented 
89.11 	Web site that informs, educates, and demonstrates to the public how the constitutionally 
89.12 	dedicated funds in the arts and cultural heritage fund, outdoor heritage fund, clean water 
89.13 	fund, parks and trails fund, and environment and natural resources trust fund are being 
89.14 	expended to meet the requirements established for each fund in the state constitution. 
89.15 	Information provided on the Web site must include, but is not limited to:
89.16 	(1) information on all project proposals received by the Outdoor Heritage Council 
89.17 	and the Legislative-Citizen Commission on Minnesota Resources;
89.18 	(2) information on all projects receiving funding, including:
89.19 	(i) the name of the project and a project description;
89.20 	(ii) the name, telephone number, members of the board or equivalent governing 
89.21 	body, and e-mail address of the funding recipient and, when applicable, the Web site 
89.22 	address where the public can directly access detailed information on the recipient's receipt 
89.23 	and use of money for the project;
89.24 	(iii) the amount and source of funding, including the fiscal year of the appropriation;
89.25 	(iv) the amount and source of any additional funding or leverage;
89.26 	(v) the duration of the project;
89.27 	(vi) the number of full-time equivalents funded under the project. For the purposes 
89.28 	of this item, "full-time equivalent" means a position directly attributed to the receipt of 
89.29 	money from one or more of the funds covered under this section, calculated as the total 
89.30 	number of hours planned for the position divided by 2,088;
89.31 	(vii) the direct expenses and administration costs of the project;
89.32 	(viii) proposed measurable outcomes and the plan for measuring and evaluating 
89.33 	the results;
89.34 	(ix) for pass-through, noncompetitive grants, the entity acting as the fiscal agent or 
89.35 	administering agency and a point of contact for additional information; and
90.1 	(x) for competitive grants, the name and a brief description of the qualifications of 
90.2 	all board members or members of an equivalent governing body ultimately responsible 
90.3 	for awarding the grants, as well as any grantmaking advisory group. In addition, an 
90.4 	entity that awards competitive grants, including but not limited to a state agency or any 
90.5 	statewide, regional, or local organization, must report whether an employee, decision 
90.6 	maker, advisory group member, or other person involved in the grant process disclosed 
90.7 	a conflict of interest or potential conflict of interest. If the entity reports that a conflict 
90.8 	of interest or potential conflict of interest was disclosed, the entity must provide the 
90.9 	Legislative Coordinating Commission with a contact person for additional information and 
90.10 	the Legislative Coordinating Commission must post this information on the Web site. An 
90.11 	entity that awards competitive grants must obtain and apply the conflict of interest policies 
90.12 	developed by the commissioner of administration under section 16B.98, subdivision 3, 
90.13 	unless the entity maintains and applies its own documented conflict of interest policies 
90.14 	which are substantially similar to the commissioner of administration's policies;
90.15 	(3) actual measured outcomes and evaluation of projects as required under sections 
90.16 	85.53, subdivision 2; 114D.50, subdivision 2 4; and 129D.17, subdivision 2;
90.17 	(4) education about the areas and issues the projects address, including, when 
90.18 	feasible, maps of where projects have been undertaken;
90.19 	(5) all frameworks developed for future uses of each fund; and
90.20 	(6) methods by which members of the public may apply for project funds under 
90.21 	any of the constitutionally dedicated funds.
90.22 	(b) As soon as practicable or by January 15 of the applicable fiscal year, whichever 
90.23 	comes first, a state agency or other recipient of a direct appropriation from a fund covered 
90.24 	under this section shall submit the information required under paragraph (a) and, when 
90.25 	applicable, compile and submit the same information for any grant recipient or other 
90.26 	subrecipient of funding. All information for proposed and funded projects, including 
90.27 	the proposed measurable outcomes, must be made available on the Web site as soon 
90.28 	as practicable. Information on the measured outcomes and evaluation must be posted 
90.29 	as soon as it becomes available. The costs of these activities shall be paid out of the 
90.30 	arts and cultural heritage fund, outdoor heritage fund, clean water fund, parks and 
90.31 	trails fund, and the environment and natural resources trust fund proportionately. For 
90.32 	purposes of this section, "measurable outcomes" means outcomes, indicators, or other 
90.33 	performance measures that may be quantified or otherwise measured in order to measure 
90.34 	the effectiveness of a project or program in meeting its intended goal or purpose.
90.35 	(c) The Legislative Coordinating Commission shall be responsible for receiving all 
90.36 	ten-year plans and 25-year frameworks for each of the constitutionally dedicated funds. To 
91.1 	the extent practicable, staff for the commission shall provide assistance and oversight to 
91.2 	these planning efforts and shall coordinate public access to hearings and public meetings 
91.3 	for all planning efforts.

91.4 	Sec. 2. Minnesota Statutes 2010, section 85.53, subdivision 2, is amended to read:
91.5 		Subd. 2.Expenditures; accountability. (a) A project or program receiving funding 
91.6 	from the parks and trails fund must meet or exceed the constitutional requirement to 
91.7 	support parks and trails of regional or statewide significance. A project or program 
91.8 	receiving funding from the parks and trails fund must include measurable outcomes, as 
91.9 	defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the 
91.10 	results. A project or program must be consistent with current science and incorporate 
91.11 	state-of-the-art technology, except when the project or program is a portrayal or restoration 
91.12 	of historical significance.
91.13 	(b) Money from the parks and trails fund shall be expended to balance the benefits 
91.14 	across all regions and residents of the state.
91.15 	(c) All A state agency or other recipient of a direct appropriation from the parks and 
91.16 	trails fund must compile and submit all information for funded projects or programs, 
91.17 	including the proposed measurable outcomes and all other items required under section 
91.18 	3.303, subdivision 10, must be made available on to the Legislative Coordinating 
91.19 	Commission as soon as practicable or by January 15 of the applicable fiscal year, 
91.20 	whichever comes first. The Legislative Coordinating Commission must post submitted 
91.21 	information on the Web site required under section 3.303, subdivision 10, as soon as 
91.22 	practicable. Information on the measured outcomes and evaluation must be posted as soon 
91.23 	as it becomes available.
91.24 	(d) Grants funded by the parks and trails fund must be implemented according to 
91.25 	section 16B.98 and must account for all expenditures. Proposals must specify a process 
91.26 	for any regranting envisioned. Priority for grant proposals must be given to proposals 
91.27 	involving grants that will be competitively awarded.
91.28 	(e) Money from the parks and trails fund may only be spent on projects located 
91.29 	in Minnesota.
91.30 	(f) When practicable, a direct recipient of an appropriation from the parks and 
91.31 	trails fund shall prominently display on the recipient's Web site home page the legacy 
91.32 	logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 
91.33 	2010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more 
91.34 	information." When a person clicks on the legacy logo image, the Web site must direct 
91.35 	the person to a Web page that includes both the contact information that a person may 
92.1 	use to obtain additional information, as well as a link to the Legislative Coordinating 
92.2 	Commission Web site required under section 3.303, subdivision 10.
92.3 	(g) Future eligibility for money from the parks and trails fund is contingent upon a 
92.4 	state agency or other recipient satisfying all applicable requirements in this section, as 
92.5 	well as any additional requirements contained in applicable session law.

92.6 	Sec. 3. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 
92.7 	to read:
92.8 		Subd. 12.Recipient requirements. (a) A state agency or other recipient of a direct 
92.9 	appropriation from the outdoor heritage fund must compile and submit all information 
92.10 	for funded projects or programs, including the proposed measurable outcomes and all 
92.11 	other items required under section 3.303, subdivision 10, to the Legislative Coordinating 
92.12 	Commission as soon as practicable or by January 15 of the applicable fiscal year, 
92.13 	whichever comes first. The Legislative Coordinating Commission must post submitted 
92.14 	information on the Web site required under section 3.303, subdivision 10, as soon as it 
92.15 	becomes available.
92.16 	(b) When practicable, a direct recipient of an appropriation from the outdoor 
92.17 	heritage fund shall prominently display on the recipient's Web site home page the legacy 
92.18 	logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 
92.19 	2010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more 
92.20 	information." When a person clicks on the legacy logo image, the Web site must direct 
92.21 	the person to a Web page that includes both the contact information that a person may 
92.22 	use to obtain additional information, as well as a link to the Legislative Coordinating 
92.23 	Commission Web site required under section 3.303, subdivision 10.
92.24 	(c) Future eligibility for money from the outdoor heritage fund is contingent upon a 
92.25 	state agency or other recipient satisfying all applicable requirements in this section, as 
92.26 	well as any additional requirements contained in applicable session law.

92.27 	Sec. 4. Minnesota Statutes 2010, section 114D.50, subdivision 4, is amended to read:
92.28 		Subd. 4.Expenditures; accountability. (a) A project receiving funding from the 
92.29 	clean water fund must meet or exceed the constitutional requirements to protect, enhance, 
92.30 	and restore water quality in lakes, rivers, and streams and to protect groundwater and 
92.31 	drinking water from degradation. Priority may be given to projects that meet more than 
92.32 	one of these requirements. A project receiving funding from the clean water fund shall 
92.33 	include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for 
93.1 	measuring and evaluating the results. A project must be consistent with current science 
93.2 	and incorporate state-of-the-art technology.
93.3 	(b) Money from the clean water fund shall be expended to balance the benefits 
93.4 	across all regions and residents of the state.
93.5 	(c) All A state agency or other recipient of a direct appropriation from the clean 
93.6 	water fund must compile and submit all information for proposed and funded projects
93.7 	or programs, including the proposed measurable outcomes, must be made available on 
93.8 	the Web site and all other items required under section 3.303, subdivision 10, to the 
93.9 	Legislative Coordinating Commission as soon as practicable or by January 15 of the 
93.10 	applicable fiscal year, whichever comes first. Information on the measured outcomes and 
93.11 	evaluation must be posted The Legislative Coordinating Commission must post submitted 
93.12 	information on the Web site required under section 3.303, subdivision 10, as soon as it 
93.13 	becomes available. Information classified as not public under section 13D.05, subdivision 
93.14 	3, paragraph (d), is not required to be placed on the Web site.
93.15 	(d) Grants funded by the clean water fund must be implemented according to section 
93.16 	16B.98 and must account for all expenditures. Proposals must specify a process for any 
93.17 	regranting envisioned. Priority for grant proposals must be given to proposals involving 
93.18 	grants that will be competitively awarded.
93.19 	(e) Money from the clean water fund may only be spent on projects that benefit 
93.20 	Minnesota waters.
93.21 	(f) When practicable, a direct recipient of an appropriation from the clean water fund 
93.22 	shall prominently display on the recipient's Web site home page the legacy logo required 
93.23 	under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter 
93.24 	361, article 3, section 5, accompanied by the phrase "Click here for more information." 
93.25 	When a person clicks on the legacy logo image, the Web site must direct the person to 
93.26 	a Web page that includes both the contact information that a person may use to obtain 
93.27 	additional information, as well as a link to the Legislative Coordinating Commission Web 
93.28 	site required under section 3.303, subdivision 10.
93.29 	(g) Future eligibility for money from the clean water fund is contingent upon a state 
93.30 	agency or other recipient satisfying all applicable requirements in this section, as well as 
93.31 	any additional requirements contained in applicable session law.

93.32 	Sec. 5. Minnesota Statutes 2010, section 129D.17, subdivision 2, is amended to read:
93.33 		Subd. 2.Expenditures; accountability. (a) Funding from the arts and cultural 
93.34 	heritage fund may be spent only for arts, arts education, and arts access, and to preserve 
93.35 	Minnesota's history and cultural heritage. A project or program receiving funding from 
94.1 	the arts and cultural heritage fund must include measurable outcomes, and a plan for 
94.2 	measuring and evaluating the results. A project or program must be consistent with current 
94.3 	scholarship, or best practices, when appropriate and must incorporate state-of-the-art 
94.4 	technology when appropriate.
94.5 	(b) Funding from the arts and cultural heritage fund may be granted for an entire 
94.6 	project or for part of a project so long as the recipient provides a description and cost for 
94.7 	the entire project and can demonstrate that it has adequate resources to ensure that the 
94.8 	entire project will be completed.
94.9 	(c) Money from the arts and cultural heritage fund shall be expended for benefits 
94.10 	across all regions and residents of the state.
94.11 	(d) All A state agency or other recipient of a direct appropriation from the arts and 
94.12 	cultural heritage fund must compile and submit all information for funded projects or 
94.13 	programs, including the proposed measurable outcomes and all other items required under 
94.14 	section 3.303, subdivision 10, must be made available on to the Legislative Coordinating 
94.15 	Commission Web site, as soon as practicable or by January 15 of the applicable fiscal year, 
94.16 	whichever comes first. Information on the measured outcomes and evaluation must be 
94.17 	posted The Legislative Coordinating Commission must post submitted information on the 
94.18 	Web site required under section 3.303, subdivision 10, as soon as it becomes available.
94.19 	(e) Grants funded by the arts and cultural heritage fund must be implemented 
94.20 	according to section 16B.98 and must account for all expenditures of funds. Priority for 
94.21 	grant proposals must be given to proposals involving grants that will be competitively 
94.22 	awarded.
94.23 	(f) All money from the arts and cultural heritage fund must be for projects located 
94.24 	in Minnesota.
94.25 	(g) When practicable, a direct recipient of an appropriation from the arts and cultural 
94.26 	heritage fund shall prominently display on the recipient's Web site home page the legacy 
94.27 	logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 
94.28 	2010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more 
94.29 	information." When a person clicks on the legacy logo image, the Web site must direct 
94.30 	the person to a Web page that includes both the contact information that a person may 
94.31 	use to obtain additional information, as well as a link to the Legislative Coordinating 
94.32 	Commission Web site required under section 3.303, subdivision 10.
94.33 	(h) Future eligibility for money from the arts and cultural heritage fund is contingent 
94.34 	upon a state agency or other recipient satisfying all applicable requirements in this section, 
94.35 	as well as any additional requirements contained in applicable session law.

95.1 	Sec. 6. APPLICABILITY.
 95.2 	Sections 7 to 10 apply to any appropriation for fiscal year 2012 or 2013 from a legacy 
95.3 	fund. For the purposes of sections 7 to 10, "legacy fund" means the outdoor heritage fund, 
95.4 	the clean water fund, the parks and trails fund, or the arts and cultural heritage fund 

95.5 	Sec. 7. GENERAL PROVISIONS.
 95.6 		Subdivision. 1.Grants. Grants funded by a legacy fund must be implemented 
95.7 	according to Minnesota Statutes, section 16B.98, and the responsible entity must account 
95.8 	for all expenditures of funds.
95.9 		Subd. 2.Constitution. A recipient of money from a legacy fund must comply with 
95.10 	the Minnesota Constitution, article XI, section 15, and may not substitute money received 
95.11 	from a legacy fund for a traditional source of funding.
95.12 		Subd. 3.Trusts and similar instruments. A recipient of money from a legacy fund 
95.13 	must not use the money to fund a trust, endowment, or similar instrument unless:
95.14 	(1) the entity reports no later than February 1 each year to the commissioner of 
95.15 	management and budget and the legislative committees with jurisdiction over legacy 
95.16 	funds regarding the recipient's use and fiduciary stewardship of legacy funds during the 
95.17 	period; and
95.18 	(2) the entity submits to regular audits of the trust, endowment, or similar instrument 
95.19 	by the Office of the Legislative Auditor.

95.20 	Sec. 8. IN THE EVENT OF A LAWSUIT.
 95.21 	(a) An appropriation or portion of an appropriation from a legacy fund is canceled to 
95.22 	the extent that a court determines that the appropriation unconstitutionally substitutes for 
95.23 	a traditional source of funding.
95.24 	(b) Any grant contract or similar agreement that awards money from a legacy fund 
95.25 	must contain the information in paragraph (a).

95.26 	Sec. 9. LEGACY ACCOUNTING; TECHNICAL ASSISTANCE.
 95.27 	No later than January 1, 2012, the commissioner of management and budget shall 
95.28 	finalize guidance and best practices to assist state agencies in uniformly accounting for 
95.29 	their expenditure of legacy funds. The commissioner shall make this information available 
95.30 	to all state agencies identified in this act.

95.31 	Sec. 10. EFFECTIVE DATE; RELATIONSHIP TO OTHER 
95.32 	APPROPRIATIONS.
 96.1 	Unless otherwise specified, this article is effective retroactively from July 1, 2011, 
96.2 	and supersedes and replaces funding authorized by order of the Second Judicial District 
96.3 	Court in Case No. 62-CV-11-5203.