1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 2493
1.2A bill for an act
1.3relating to natural resources; appropriating money from the outdoor heritage
1.4fund; modifying requirements for outdoor heritage fund appropriations;
1.5appropriating money for clean water; appropriating money for an Aquatic
1.6Invasive Species Cooperative Research Center; modifying prior appropriations;
1.7modifying certain parks and trails grant program provisions;amending
1.8Minnesota Statutes 2010, sections 85.535, subdivision 3; 97A.056, by adding
1.9subdivisions; Laws 2009, chapter 172, article 3, section 3; Laws 2011, First
1.10Special Session chapter 2, article 3, section 2, subdivision 9; Laws 2011, First
1.11Special Session chapter 6, article 2, section 7.
1.12April 25, 2012
1.13The Honorable Michelle L. Fischbach
1.14President of the Senate
1.15The Honorable Kurt Zellers
1.16Speaker of the House of Representatives
1.17We, the undersigned conferees for S.F. No. 2493 report that we have agreed upon
1.18the items in dispute and recommend as follows:
1.19That the House recede from its amendments and that S.F. No. 2493 be further
1.20amended as follows:
1.21Delete everything after the enacting clause and insert:
1.22"
ARTICLE 1
1.23
OUTDOOR HERITAGE FUND
1.24
Section 1. new text begin OUTDOOR HERITAGE APPROPRIATION.new text end
1.25
new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end
1.26
new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end
1.27
new text begin outdoor heritage fund and are available for the fiscal years indicated for each purpose. The new text end
1.28
new text begin figures "2012" and "2013" used in this article mean that the appropriations listed under the new text end
1.29
new text begin figure are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. new text end
1.30
new text begin "The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" new text end
1.31
new text begin is fiscal years 2012 and 2013. The appropriations in this article are onetime.new text end
2.1
new text begin APPROPRIATIONSnew text end
2.2
new text begin Available for the Yearnew text end
2.3
new text begin Ending June 30new text end
2.4
new text begin 2012new text end
new text begin 2013new text end
2.5
Sec. 2. new text begin OUTDOOR HERITAGEnew text end
2.6
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin -0-new text end
new text begin $new text end
new text begin 99,920,000new text end
2.7
new text begin This appropriation is from the outdoor new text end
2.8
new text begin heritage fund. The amounts that may be new text end
2.9
new text begin spent for each purpose are specified in the new text end
2.10
new text begin following subdivisions.new text end
2.11
new text begin Subd. 2.new text end new text begin Prairiesnew text end
new text begin -0-new text end
new text begin 24,640,000new text end
2.12
2.13
new text begin (a) new text end new text begin Minnesota Buffers for Wildlife and Water new text end
new text begin - Phase IInew text end
2.14
new text begin $2,090,000 in the second year is to the new text end
2.15
new text begin Board of Water and Soil Resources in new text end
2.16
new text begin cooperation with Pheasants Forever to new text end
2.17
new text begin acquire permanent conservation easements new text end
2.18
new text begin to enhance habitat by expanding clean water new text end
2.19
new text begin fund riparian wildlife buffers on private land. new text end
2.20
new text begin A list of proposed permanent conservation new text end
2.21
new text begin easements must be provided as part of the new text end
2.22
new text begin final report. The accomplishment plan must new text end
2.23
new text begin include an easement stewardship plan. Up new text end
2.24
new text begin to $90,000 is for establishing a monitoring new text end
2.25
new text begin and enforcement fund as approved in new text end
2.26
new text begin the accomplishment plan and subject to new text end
2.27
new text begin Minnesota Statutes, section new text end
new text begin , new text end
2.28
new text begin subdivision 17. An annual financial report is new text end
2.29
new text begin required for any monitoring and enforcement new text end
2.30
new text begin fund established, including expenditures new text end
2.31
new text begin from the fund and a description of annual new text end
2.32
new text begin monitoring and enforcement activities.new text end
2.33
2.34
new text begin (b) new text end new text begin Minnesota Prairie Recovery Project - Phase new text end
new text begin IIInew text end
3.1
new text begin $4,610,000 in the second year is to the new text end
3.2
new text begin commissioner of natural resources for an new text end
3.3
new text begin agreement with The Nature Conservancy to new text end
3.4
new text begin acquire native prairie and savanna and restore new text end
3.5
new text begin and enhance grasslands and savanna. A list of new text end
3.6
new text begin proposed land acquisitions must be provided new text end
3.7
new text begin as part of the required accomplishment plan. new text end
3.8
new text begin Annual income statements and balance sheets new text end
3.9
new text begin for income and expenses from land acquired new text end
3.10
new text begin with this appropriation must be submitted to new text end
3.11
new text begin the Lessard-Sams Outdoor Heritage Council new text end
3.12
new text begin no later than 180 days following the close of new text end
3.13
new text begin The Nature Conservancy's fiscal year.new text end
3.14
3.15
new text begin (c) new text end new text begin Cannon River Headwaters Habitat new text end
new text begin Complex - Phase IInew text end
3.16
new text begin $1,760,000 in the second year is to the new text end
3.17
new text begin commissioner of natural resources for an new text end
3.18
new text begin agreement with The Trust for Public Land new text end
3.19
new text begin to acquire and restore lands in the Cannon new text end
3.20
new text begin River watershed for wildlife management new text end
3.21
new text begin area purposes under Minnesota Statutes, new text end
3.22
new text begin section new text end
new text begin , subdivision 8, or aquatic new text end
3.23
new text begin management area purposes under Minnesota new text end
3.24
new text begin Statutes, sections new text end
new text begin , subdivision new text end
3.25
new text begin 14, and new text end
new text begin . A list of proposed land new text end
3.26
new text begin acquisitions must be provided as part of the new text end
3.27
new text begin required accomplishment plan.new text end
3.28
new text begin (d) new text end new text begin Wildlife Management Area Acquisitionnew text end
3.29
new text begin $2,900,000 in the second year is to the new text end
3.30
new text begin commissioner of natural resources to acquire new text end
3.31
new text begin land in fee for wildlife management area new text end
3.32
new text begin purposes under Minnesota Statutes, section new text end
3.33
new text begin , subdivision 8. A list of proposed new text end
3.34
new text begin land acquisitions must be provided as part of new text end
3.35
new text begin the required accomplishment plan.new text end
4.1
4.2
new text begin (e) new text end new text begin Northern Tallgrass Prairie National new text end
new text begin Wildlife Refuge Land Acquisition - Phase IVnew text end
4.3
new text begin $1,580,000 in the second year is to the new text end
4.4
new text begin commissioner of natural resources for an new text end
4.5
new text begin agreement with The Nature Conservancy new text end
4.6
new text begin in cooperation with the United States Fish new text end
4.7
new text begin and Wildlife Service to acquire land in new text end
4.8
new text begin fee or permanent conservation easements new text end
4.9
new text begin within the Northern Tallgrass Prairie Habitat new text end
4.10
new text begin Preservation Area in western Minnesota for new text end
4.11
new text begin addition to the Northern Tallgrass Prairie new text end
4.12
new text begin National Wildlife Refuge. A list of proposed new text end
4.13
new text begin land acquisitions must be provided as part new text end
4.14
new text begin of the required accomplishment plan. The new text end
4.15
new text begin accomplishment plan must include an new text end
4.16
new text begin easement monitoring and enforcement plan.new text end
4.17
4.18
new text begin (f) new text end new text begin Accelerating the Wildlife Management Area new text end
new text begin Program - Phase IVnew text end
4.19
new text begin $3,300,000 in the second year is to the new text end
4.20
new text begin commissioner of natural resources for an new text end
4.21
new text begin agreement with Pheasants Forever to acquire new text end
4.22
new text begin land in fee for wildlife management area new text end
4.23
new text begin purposes under Minnesota Statutes, section new text end
4.24
new text begin , subdivision 8. A list of proposed new text end
4.25
new text begin land acquisitions must be provided as part of new text end
4.26
new text begin the required accomplishment plan.new text end
4.27
new text begin (g) new text end new text begin Green Corridor Legacy Program - Phase IVnew text end
4.28
new text begin $1,730,000 in the second year is to the new text end
4.29
new text begin commissioner of natural resources for new text end
4.30
new text begin an agreement with the Redwood Area new text end
4.31
new text begin Development Corporation to acquire land in new text end
4.32
new text begin fee for wildlife management area purposes new text end
4.33
new text begin under Minnesota Statutes, section new text end
new text begin , new text end
4.34
new text begin subdivision 8, and for aquatic management new text end
4.35
new text begin areas under Minnesota Statutes, sections new text end
5.1
new text begin , subdivision 14, and new text end
new text begin . A list of new text end
5.2
new text begin proposed land acquisitions must be provided new text end
5.3
new text begin as part of the required accomplishment plan.new text end
5.4
5.5
new text begin (h) new text end new text begin Accelerated Prairie Restoration and new text end
new text begin Enhancement on DNR Lands - Phase IVnew text end
5.6
new text begin $4,300,000 in the second year is to the new text end
5.7
new text begin commissioner of natural resources to new text end
5.8
new text begin accelerate the restoration and enhancement new text end
5.9
new text begin of wildlife management areas, scientific new text end
5.10
new text begin and natural areas, and land under native new text end
5.11
new text begin prairie bank easements. A list of proposed new text end
5.12
new text begin restorations and enhancements must new text end
5.13
new text begin be provided as part of the required new text end
5.14
new text begin accomplishment plan.new text end
5.15
5.16
new text begin (i) new text end new text begin Anoka Sand Plain Habitat Restoration and new text end
new text begin Enhancement - Phase IInew text end
5.17
new text begin $1,050,000 in the second year is to the new text end
5.18
new text begin commissioner of natural resources for new text end
5.19
new text begin agreements to restore and enhance habitat on new text end
5.20
new text begin public lands in the Anoka Sand Plain and new text end
5.21
new text begin along the Rum River as follows: $558,750 to new text end
5.22
new text begin Great River Greening; $99,400 to the Anoka new text end
5.23
new text begin Conservation District; and $391,850 to the new text end
5.24
new text begin National Wild Turkey Federation. A list new text end
5.25
new text begin of proposed restorations and enhancements new text end
5.26
new text begin must be provided as part of the required new text end
5.27
new text begin accomplishment plan.new text end
5.28
new text begin (j) new text end new text begin Enhanced Public Grasslandsnew text end
5.29
new text begin $1,320,000 in the second year is to the new text end
5.30
new text begin commissioner of natural resources for new text end
5.31
new text begin an agreement with Pheasants Forever in new text end
5.32
new text begin cooperation with the Minnesota Prairie new text end
5.33
new text begin Chicken Society to restore and enhance new text end
5.34
new text begin habitat on public lands. The criteria for new text end
5.35
new text begin selection of projects must be included in the new text end
6.1
new text begin accomplishment plan. A list of proposed new text end
6.2
new text begin restorations and enhancements must be new text end
6.3
new text begin provided as part of the final report.new text end
6.4
new text begin Subd. 3.new text end new text begin Forestsnew text end
new text begin -0-new text end
new text begin 15,300,000new text end
6.5
6.6
new text begin (a) new text end new text begin Protecting Mississippi River Corridor new text end
new text begin Habitat ACUB Partnership - Phase IInew text end
6.7
new text begin $480,000 in the second year is to the new text end
6.8
new text begin Board of Water and Soil Resources to new text end
6.9
new text begin acquire permanent conservation easements new text end
6.10
new text begin on land adjacent to the Nokasippi River new text end
6.11
new text begin and the boundaries of the Minnesota new text end
6.12
new text begin National Guard Army compatible use buffer new text end
6.13
new text begin (ACUB). A list of proposed land acquisitions new text end
6.14
new text begin must be provided as part of the required new text end
6.15
new text begin accomplishment plan. The accomplishment new text end
6.16
new text begin plan must include an easement stewardship new text end
6.17
new text begin plan. Up to $4,800 is for establishing new text end
6.18
new text begin a monitoring and enforcement fund as new text end
6.19
new text begin approved in the accomplishment plan and new text end
6.20
new text begin subject to Minnesota Statutes, section new text end
6.21
new text begin , subdivision 17. An annual financial new text end
6.22
new text begin report is required for any monitoring and new text end
6.23
new text begin enforcement fund established, including new text end
6.24
new text begin expenditures from the fund and a description new text end
6.25
new text begin of annual monitoring and enforcement new text end
6.26
new text begin activities.new text end
6.27
6.28
new text begin (b) new text end new text begin Mississippi Northwoods Habitat Complex new text end
new text begin Protectionnew text end
6.29
new text begin $11,040,000 in the second year is to the new text end
6.30
new text begin commissioner of natural resources for an new text end
6.31
new text begin agreement with Crow Wing County to new text end
6.32
new text begin acquire land in fee along the Mississippi new text end
6.33
new text begin River in Crow Wing County to be added new text end
6.34
new text begin to the county forest system. The purchase new text end
6.35
new text begin price must not exceed the appraised fair new text end
7.1
new text begin market value of the property as reviewed new text end
7.2
new text begin and approved under established procedures new text end
7.3
new text begin in compliance with the Uniform Standards new text end
7.4
new text begin of Professional Appraisal Practice and new text end
7.5
new text begin the Department of Natural Resources' new text end
7.6
new text begin Supplemental Appraisal and Appraisal new text end
7.7
new text begin Review Guidelines (effective July 15, new text end
7.8
new text begin 2009). A land description must be provided new text end
7.9
new text begin as part of the required accomplishment new text end
7.10
new text begin plan. Development of a paved trail on land new text end
7.11
new text begin acquired under this paragraph constitutes an new text end
7.12
new text begin alteration of the intended use of the interest in new text end
7.13
new text begin real property and must be handled according new text end
7.14
new text begin to Minnesota Statutes, section new text end
new text begin , new text end
7.15
new text begin subdivision 15. Any plan, including trail new text end
7.16
new text begin alignment, for the development of a paved new text end
7.17
new text begin trail must be submitted to the Lessard-Sams new text end
7.18
new text begin Outdoor Heritage Council for approval. No new text end
7.19
new text begin paved trail development or paved trail use new text end
7.20
new text begin is allowed unless it is specified in the plan new text end
7.21
new text begin for trail use and alignment approved by the new text end
7.22
new text begin Lessard-Sams Outdoor Heritage Council.new text end
7.23
new text begin If additional money is needed to acquire new text end
7.24
new text begin the land under this paragraph, by December new text end
7.25
new text begin 15, 2012, the amount necessary to complete new text end
7.26
new text begin the acquisition shall be transferred from new text end
7.27
new text begin unspent appropriations under subdivision new text end
7.28
new text begin 5, paragraph (h), and added to this new text end
7.29
new text begin appropriation.new text end
7.30
7.31
new text begin (c) new text end new text begin Northeastern Minnesota Sharp-Tailed new text end
new text begin Grouse Habitat Partnership - Phase IIInew text end
7.32
new text begin $1,340,000 in the second year is to the new text end
7.33
new text begin commissioner of natural resources for new text end
7.34
new text begin an agreement with Pheasants Forever in new text end
7.35
new text begin cooperation with the Minnesota Sharp-Tailed new text end
7.36
new text begin Grouse Society to acquire and enhance new text end
8.1
new text begin lands for wildlife management area purposes new text end
8.2
new text begin under Minnesota Statutes, section new text end
new text begin , new text end
8.3
new text begin subdivision 8. A list of proposed land new text end
8.4
new text begin acquisitions must be provided as part of the new text end
8.5
new text begin required accomplishment plan.new text end
8.6
8.7
new text begin (d) new text end new text begin Protect Key Forest Habitat Lands in Cass new text end
new text begin County - Phase IIInew text end
8.8
new text begin $480,000 in the second year is to the new text end
8.9
new text begin commissioner of natural resources for an new text end
8.10
new text begin agreement with Cass County to acquire land new text end
8.11
new text begin in fee in Cass County for forest wildlife new text end
8.12
new text begin habitat. A list of proposed land acquisitions new text end
8.13
new text begin must be provided as part of the required new text end
8.14
new text begin accomplishment plan.new text end
8.15
new text begin (e) new text end new text begin Minnesota Moose Habitat Collaborativenew text end
8.16
new text begin $960,000 in the second year is to the new text end
8.17
new text begin commissioner of natural resources for an new text end
8.18
new text begin agreement with the Minnesota Deer Hunters new text end
8.19
new text begin Association to restore and enhance public new text end
8.20
new text begin forest lands in northeastern Minnesota new text end
8.21
new text begin for moose habitat purposes. A list of new text end
8.22
new text begin proposed restorations and enhancements new text end
8.23
new text begin must be provided as part of the required new text end
8.24
new text begin accomplishment plan.new text end
8.25
8.26
new text begin (f) new text end new text begin LaSalle Lake: Protecting Critical Minnesota new text end
new text begin Headwaters Habitatnew text end
8.27
new text begin $1,000,000 in the second year is added new text end
8.28
new text begin to the appropriation in Laws 2011, First new text end
8.29
new text begin Special Session chapter 6, article 1, section new text end
8.30
new text begin 2, subdivision 3, paragraph (b).new text end
8.31
new text begin Subd. 4.new text end new text begin Wetlandsnew text end
new text begin -0-new text end
new text begin 31,140,000new text end
8.32
8.33
new text begin (a) new text end new text begin Reinvest in Minnesota Wetlands Reserve new text end
new text begin Program Partnership - Phase IVnew text end
9.1
new text begin $13,810,000 in the second year is to the new text end
9.2
new text begin Board of Water and Soil Resources to new text end
9.3
new text begin acquire permanent conservation easements new text end
9.4
new text begin and restore wetlands and associated upland new text end
9.5
new text begin habitat in cooperation with the United new text end
9.6
new text begin States Department of Agriculture Wetlands new text end
9.7
new text begin Reserve Program. A list of land acquisitions new text end
9.8
new text begin must be provided as part of the final report. new text end
9.9
new text begin The accomplishment plan must include new text end
9.10
new text begin an easement stewardship plan. Up to new text end
9.11
new text begin $180,000 is for establishing a monitoring new text end
9.12
new text begin and enforcement fund as approved in new text end
9.13
new text begin the accomplishment plan and subject to new text end
9.14
new text begin Minnesota Statutes, section new text end
new text begin , new text end
9.15
new text begin subdivision 17. An annual financial report is new text end
9.16
new text begin required for any monitoring and enforcement new text end
9.17
new text begin fund established, including expenditures new text end
9.18
new text begin from the fund and a description of annual new text end
9.19
new text begin monitoring and enforcement activities.new text end
9.20
9.21
new text begin (b) new text end new text begin Accelerating the Waterfowl Production new text end
new text begin Area Program - Phase IVnew text end
9.22
new text begin $5,400,000 in the second year is to the new text end
9.23
new text begin commissioner of natural resources for an new text end
9.24
new text begin agreement with Pheasants Forever to acquire new text end
9.25
new text begin land in fee to be managed and designated as new text end
9.26
new text begin waterfowl production areas in Minnesota, new text end
9.27
new text begin in cooperation with the United States Fish new text end
9.28
new text begin and Wildlife Service. A list of proposed land new text end
9.29
new text begin acquisitions must be provided as part of the new text end
9.30
new text begin required accomplishment plan.new text end
9.31
new text begin (c) new text end new text begin Columbus Lake Conservation Areanew text end
9.32
new text begin $940,000 in the second year is to the new text end
9.33
new text begin commissioner of natural resources for an new text end
9.34
new text begin agreement with Anoka County to acquire new text end
9.35
new text begin land in fee for conservation purposes that new text end
10.1
new text begin connect wetlands and shallow lakes to new text end
10.2
new text begin the Lamprey Pass Wildlife Management new text end
10.3
new text begin Area. A list of proposed land acquisitions new text end
10.4
new text begin must be provided as part of the required new text end
10.5
new text begin accomplishment plan.new text end
10.6
10.7
new text begin (d) new text end new text begin Living Shallow Lakes and Wetlands new text end
new text begin Initiative - Phase IInew text end
10.8
new text begin $4,490,000 in the second year is to the new text end
10.9
new text begin commissioner of natural resources for an new text end
10.10
new text begin agreement with Ducks Unlimited to assess, new text end
10.11
new text begin restore, and enhance shallow lakes and new text end
10.12
new text begin wetlands, including technical assistance, new text end
10.13
new text begin survey, design, and engineering to develop new text end
10.14
new text begin new enhancement and restoration projects new text end
10.15
new text begin for future implementation. A list of new text end
10.16
new text begin proposed restorations and enhancements new text end
10.17
new text begin must be provided as part of the required new text end
10.18
new text begin accomplishment plan.new text end
10.19
10.20
new text begin (e) new text end new text begin Accelerated Shallow Lakes and Wetlands new text end
new text begin Enhancement - Phase IVnew text end
10.21
new text begin $3,870,000 in the second year is to the new text end
10.22
new text begin commissioner of natural resources to new text end
10.23
new text begin develop engineering designs and complete new text end
10.24
new text begin construction to enhance shallow lakes and new text end
10.25
new text begin wetlands. A list of proposed restorations and new text end
10.26
new text begin enhancements must be provided as part of new text end
10.27
new text begin the required accomplishment plan. Work new text end
10.28
new text begin must be completed within three years of the new text end
10.29
new text begin effective date of this article.new text end
10.30
new text begin (f) new text end new text begin Marsh Lake Enhancementnew text end
10.31
new text begin $2,630,000 in the second year is to the new text end
10.32
new text begin commissioner of natural resources to new text end
10.33
new text begin complete design and construction to modify new text end
10.34
new text begin the dam at Marsh Lake and return the historic new text end
11.1
new text begin outlet of the Pomme de Terre River to Lac new text end
11.2
new text begin Qui Parle.new text end
11.3
new text begin Subd. 5.new text end new text begin Habitatsnew text end
new text begin -0-new text end
new text begin 28,620,000new text end
11.4
new text begin (a) new text end new text begin DNR Aquatic Habitat - Phase IVnew text end
11.5
new text begin $3,480,000 in the second year is to the new text end
11.6
new text begin commissioner of natural resources to new text end
11.7
new text begin acquire interests in land in fee or permanent new text end
11.8
new text begin conservation easements for aquatic new text end
11.9
new text begin management areas under Minnesota Statutes, new text end
11.10
new text begin sections new text end
new text begin , subdivision 14, and new text end
11.11
new text begin , and to restore and enhance aquatic new text end
11.12
new text begin habitat. A list of proposed land acquisitions new text end
11.13
new text begin must be provided as part of the required new text end
11.14
new text begin accomplishment plan. The accomplishment new text end
11.15
new text begin plan must include an easement stewardship new text end
11.16
new text begin plan. Up to $25,000 is for establishing new text end
11.17
new text begin a monitoring and enforcement fund as new text end
11.18
new text begin approved in the accomplishment plan and new text end
11.19
new text begin subject to Minnesota Statutes, section new text end
11.20
new text begin , subdivision 17. An annual financial new text end
11.21
new text begin report is required for any monitoring and new text end
11.22
new text begin enforcement fund established, including new text end
11.23
new text begin expenditures from the fund and a description new text end
11.24
new text begin of annual monitoring and enforcement new text end
11.25
new text begin activities.new text end
11.26
new text begin (b) new text end new text begin Metro Big Rivers Habitat - Phase IIInew text end
11.27
new text begin $3,680,000 in the second year is to the new text end
11.28
new text begin commissioner of natural resources for new text end
11.29
new text begin agreements to acquire interests in land in new text end
11.30
new text begin fee or permanent conservation easements new text end
11.31
new text begin and to restore and enhance natural systems new text end
11.32
new text begin associated with the Mississippi, Minnesota, new text end
11.33
new text begin and St. Croix Rivers as follows: $1,000,000 new text end
11.34
new text begin to the Minnesota Valley National Wildlife new text end
11.35
new text begin Refuge Trust, Inc.; $375,000 to the Friends new text end
12.1
new text begin of the Mississippi; $375,000 to Great River new text end
12.2
new text begin Greening; $930,000 to The Minnesota new text end
12.3
new text begin Land Trust; and $1,000,000 to The Trust new text end
12.4
new text begin for Public Land. A list of proposed new text end
12.5
new text begin acquisitions, restorations, and enhancements new text end
12.6
new text begin must be provided as part of the required new text end
12.7
new text begin accomplishment plan. The accomplishment new text end
12.8
new text begin plan must include an easement stewardship new text end
12.9
new text begin plan. Up to $51,000 is for establishing new text end
12.10
new text begin a monitoring and enforcement fund as new text end
12.11
new text begin approved in the accomplishment plan and new text end
12.12
new text begin subject to Minnesota Statutes, section new text end
12.13
new text begin , subdivision 17. An annual financial new text end
12.14
new text begin report is required for any monitoring and new text end
12.15
new text begin enforcement fund established, including new text end
12.16
new text begin expenditures from the fund and a description new text end
12.17
new text begin of annual monitoring and enforcement new text end
12.18
new text begin activities.new text end
12.19
12.20
new text begin (c) new text end new text begin Dakota County Riparian and Lakeshore new text end
new text begin Protection and Management - Phase IIInew text end
12.21
new text begin $480,000 in the second year is to the new text end
12.22
new text begin commissioner of natural resources for an new text end
12.23
new text begin agreement with Dakota County to acquire new text end
12.24
new text begin permanent conservation easements and new text end
12.25
new text begin restore and enhance habitats along the new text end
12.26
new text begin Mississippi, Cannon, and Vermillion Rivers. new text end
12.27
new text begin A list of proposed acquisitions, restorations, new text end
12.28
new text begin and enhancements must be provided as new text end
12.29
new text begin part of the required accomplishment plan. new text end
12.30
new text begin The accomplishment plan must include new text end
12.31
new text begin an easement stewardship plan. Up to new text end
12.32
new text begin $20,000 is for establishing a monitoring new text end
12.33
new text begin and enforcement fund as approved in new text end
12.34
new text begin the accomplishment plan and subject to new text end
12.35
new text begin Minnesota Statutes, section new text end
new text begin , new text end
12.36
new text begin subdivision 17. An annual financial report is new text end
13.1
new text begin required for any monitoring and enforcement new text end
13.2
new text begin fund established, including expenditures new text end
13.3
new text begin from the fund and a description of annual new text end
13.4
new text begin monitoring and enforcement activities.new text end
13.5
new text begin (d) new text end new text begin Lower St. Louis River Habitat Restorationnew text end
13.6
new text begin $3,670,000 in the second year is to the new text end
13.7
new text begin commissioner of natural resources to restore new text end
13.8
new text begin habitat in the lower St. Louis River estuary. new text end
13.9
new text begin A list of proposed projects must be provided new text end
13.10
new text begin as part of the required accomplishment plan.new text end
13.11
13.12
new text begin (e) new text end new text begin Coldwater Fish Habitat Enhancement - new text end
new text begin Phase IVnew text end
13.13
new text begin $2,120,000 in the second year is to the new text end
13.14
new text begin commissioner of natural resources for an new text end
13.15
new text begin agreement with Minnesota Trout Unlimited new text end
13.16
new text begin to restore and enhance coldwater fish lake, new text end
13.17
new text begin river, and stream habitats in Minnesota. A list new text end
13.18
new text begin of proposed restorations and enhancements new text end
13.19
new text begin must be provided as part of the required new text end
13.20
new text begin accomplishment plan.new text end
13.21
new text begin (f) new text end new text begin Grand Marais Creek Outlet Restorationnew text end
13.22
new text begin $2,320,000 in the second year is to the new text end
13.23
new text begin commissioner of natural resources for an new text end
13.24
new text begin agreement with the Red Lake Watershed new text end
13.25
new text begin District to restore and enhance stream and new text end
13.26
new text begin related habitat in Grand Marais Creek. A list new text end
13.27
new text begin of proposed restorations and enhancements new text end
13.28
new text begin must be provided as part of the required new text end
13.29
new text begin accomplishment plan.new text end
13.30
new text begin (g) new text end new text begin Knife River Habitat Restorationnew text end
13.31
new text begin $380,000 in the second year is to the new text end
13.32
new text begin commissioner of natural resources for an new text end
13.33
new text begin agreement with the Lake Superior Steelhead new text end
13.34
new text begin Association to restore trout habitat in the new text end
14.1
new text begin Upper Knife River Watershed. A list of new text end
14.2
new text begin proposed restorations must be provided as new text end
14.3
new text begin part of the required accomplishment plan. new text end
14.4
new text begin Notwithstanding rules of the commissioner new text end
14.5
new text begin of natural resources, restorations conducted new text end
14.6
new text begin pursuant to this paragraph may be new text end
14.7
new text begin accomplished by excavation.new text end
14.8
new text begin (h) new text end new text begin Protect Aquatic Habitat from Asian Carpnew text end
14.9
new text begin $7,500,000 in the second year is to the new text end
14.10
new text begin commissioner of natural resources to new text end
14.11
new text begin design, construct, operate, and evaluate new text end
14.12
new text begin structural deterrents for Asian carp to protect new text end
14.13
new text begin Minnesota's aquatic habitat. Use of this new text end
14.14
new text begin money requires a one-to-one match for new text end
14.15
new text begin projects on state boundary waters.new text end
14.16
14.17
new text begin (i) new text end new text begin Outdoor Heritage Conservation Partners new text end
new text begin Grant Program - Phase IVnew text end
14.18
new text begin $4,990,000 in the second year is to the new text end
14.19
new text begin commissioner of natural resources for a new text end
14.20
new text begin program to provide competitive, matching new text end
14.21
new text begin grants of up to $400,000 to local, regional, new text end
14.22
new text begin state, and national organizations for new text end
14.23
new text begin enhancing, restoring, or protecting forests, new text end
14.24
new text begin wetlands, prairies, and habitat for fish, game, new text end
14.25
new text begin or wildlife in Minnesota. Grants shall not new text end
14.26
new text begin be made for activities required to fulfill new text end
14.27
new text begin the duties of owners of lands subject to new text end
14.28
new text begin conservation easements. Grants shall not be new text end
14.29
new text begin made from appropriations in this paragraph new text end
14.30
new text begin for projects that have a total project cost new text end
14.31
new text begin exceeding $575,000. $366,000 of this new text end
14.32
new text begin appropriation may be spent for personnel new text end
14.33
new text begin costs and other direct and necessary new text end
14.34
new text begin administrative costs. Grantees may acquire new text end
14.35
new text begin land or interests in land. Easements must be new text end
15.1
new text begin permanent. Land acquired in fee must be new text end
15.2
new text begin open to hunting and fishing during the open new text end
15.3
new text begin season unless otherwise provided by state new text end
15.4
new text begin law. The program shall require a match of new text end
15.5
new text begin at least ten percent from nonstate sources new text end
15.6
new text begin for all grants. The match may be cash or new text end
15.7
new text begin in-kind resources. For grant applications new text end
15.8
new text begin of $25,000 or less, the commissioner shall new text end
15.9
new text begin provide a separate, simplified application new text end
15.10
new text begin process. Subject to Minnesota Statutes, the new text end
15.11
new text begin commissioner of natural resources shall, new text end
15.12
new text begin when evaluating projects of equal value, new text end
15.13
new text begin give priority to organizations that have a new text end
15.14
new text begin history of receiving or charter to receive new text end
15.15
new text begin private contributions for local conservation new text end
15.16
new text begin or habitat projects. If acquiring land or a new text end
15.17
new text begin conservation easement, priority shall be new text end
15.18
new text begin given to projects associated with existing new text end
15.19
new text begin wildlife management areas under Minnesota new text end
15.20
new text begin Statutes, section new text end
new text begin , subdivision 8; new text end
15.21
new text begin scientific and natural areas under Minnesota new text end
15.22
new text begin Statutes, sections new text end
new text begin and 86A.05, new text end
15.23
new text begin subdivision 5; and aquatic management areas new text end
15.24
new text begin under Minnesota Statutes, sections new text end
new text begin , new text end
15.25
new text begin subdivision 14, and new text end
new text begin . All restoration new text end
15.26
new text begin or enhancement projects must be on land new text end
15.27
new text begin permanently protected by a conservation new text end
15.28
new text begin easement or public ownership or in public new text end
15.29
new text begin waters as defined in Minnesota Statutes, new text end
15.30
new text begin section new text end
new text begin , subdivision 15. Priority new text end
15.31
new text begin shall be given to restoration and enhancement new text end
15.32
new text begin projects on public lands. Minnesota Statutes, new text end
15.33
new text begin section new text end
new text begin , subdivision 13, applies new text end
15.34
new text begin to grants awarded under this paragraph. new text end
15.35
new text begin This appropriation is available until June new text end
15.36
new text begin 30, 2016. No less than five percent of the new text end
16.1
new text begin amount of each grant must be held back from new text end
16.2
new text begin reimbursement until the grant recipient has new text end
16.3
new text begin completed a grant accomplishment report by new text end
16.4
new text begin the deadline and in the form prescribed by new text end
16.5
new text begin and satisfactory to the Lessard-Sams Outdoor new text end
16.6
new text begin Heritage Council. The commissioner shall new text end
16.7
new text begin provide notice of the grant program in new text end
16.8
new text begin the game and fish law summaries that are new text end
16.9
new text begin prepared under Minnesota Statutes, section new text end
16.10
new text begin , subdivision 2.new text end
16.11
new text begin Subd. 6.new text end new text begin Administrationnew text end
new text begin -0-new text end
new text begin 220,000new text end
16.12
new text begin (a)new text end new text begin Contract Managementnew text end
16.13
new text begin $175,000 in the second year is to the new text end
16.14
new text begin commissioner of natural resources for new text end
16.15
new text begin contract management duties assigned in this new text end
16.16
new text begin section. The commissioner shall provide a new text end
16.17
new text begin work program in the form specified by the new text end
16.18
new text begin Lessard-Sams Outdoor Heritage Council new text end
16.19
new text begin on the expenditure of this appropriation. new text end
16.20
new text begin No money may be expended prior to new text end
16.21
new text begin Lessard-Sams Outdoor Heritage Council new text end
16.22
new text begin approval of the work program.new text end
16.23
new text begin (b)new text end new text begin Technical Evaluation Panelnew text end
16.24
new text begin $45,000 in the second year is to the new text end
16.25
new text begin commissioner of natural resources for a new text end
16.26
new text begin technical evaluation panel to conduct up to new text end
16.27
new text begin ten restoration evaluations under Minnesota new text end
16.28
new text begin Statutes, section new text end
new text begin , subdivision 10.new text end
16.29
new text begin Subd. 7.new text end new text begin Availability of Appropriationnew text end
16.30
new text begin Money appropriated in this section may new text end
16.31
new text begin not be spent on activities unless they are new text end
16.32
new text begin directly related to and necessary for a new text end
16.33
new text begin specific appropriation and are specified in new text end
16.34
new text begin the accomplishment plan approved by the new text end
17.1
new text begin Lessard-Sams Outdoor Heritage Council. new text end
17.2
new text begin Money appropriated in this section must not new text end
17.3
new text begin be spent on indirect costs or other institutional new text end
17.4
new text begin overhead charges that are not directly related new text end
17.5
new text begin to and necessary for a specific appropriation. new text end
17.6
new text begin Unless otherwise provided, the amounts new text end
17.7
new text begin in this section are available until June 30, new text end
17.8
new text begin 2015, when projects must be completed and new text end
17.9
new text begin final accomplishments reported. Funds for new text end
17.10
new text begin restoration or enhancement are available new text end
17.11
new text begin until June 30, 2017, or four years after new text end
17.12
new text begin acquisition, whichever is later, in order to new text end
17.13
new text begin complete initial restoration or enhancement new text end
17.14
new text begin work. If a project receives federal funds, new text end
17.15
new text begin the time period of the appropriation is new text end
17.16
new text begin extended to equal the availability of federal new text end
17.17
new text begin funding. Funds appropriated for fee title new text end
17.18
new text begin acquisition of land may be used to restore, new text end
17.19
new text begin enhance, and provide for public use of the new text end
17.20
new text begin land acquired with the appropriation. Public new text end
17.21
new text begin use facilities must have a minimal impact new text end
17.22
new text begin on habitat in acquired lands. If the purchase new text end
17.23
new text begin price for a fee title acquisition funded with new text end
17.24
new text begin an appropriation in this article falls below new text end
17.25
new text begin the estimated purchase price contained in new text end
17.26
new text begin the approved accomplishment plan and no new text end
17.27
new text begin other acquisitions are listed in the approved new text end
17.28
new text begin accomplishment plan, the difference between new text end
17.29
new text begin the purchase price and the estimated purchase new text end
17.30
new text begin price is canceled for the project and added new text end
17.31
new text begin to the appropriation under subdivision 5, new text end
17.32
new text begin paragraph (h).new text end
17.33
17.34
new text begin Subd. 8.new text end new text begin Payment Conditions and Capital new text end
new text begin Equipment Expendituresnew text end
17.35
new text begin All agreements referred to in this section must new text end
17.36
new text begin be administered on a reimbursement basis new text end
18.1
new text begin unless otherwise provided in this section. new text end
18.2
new text begin Notwithstanding Minnesota Statutes, section new text end
18.3
new text begin , expenditures directly related to each new text end
18.4
new text begin appropriation's purpose made on or after July new text end
18.5
new text begin 1, 2012, or the date of accomplishment plan new text end
18.6
new text begin approval, whichever is later, are eligible for new text end
18.7
new text begin reimbursement unless otherwise provided in new text end
18.8
new text begin this section. Periodic reimbursement must new text end
18.9
new text begin be made upon receiving documentation that new text end
18.10
new text begin the items articulated in the accomplishment new text end
18.11
new text begin plan approved by the Lessard-Sams Outdoor new text end
18.12
new text begin Heritage Council have been achieved, new text end
18.13
new text begin including partial achievements as evidenced new text end
18.14
new text begin by progress reports approved by the new text end
18.15
new text begin Lessard-Sams Outdoor Heritage Council. new text end
18.16
new text begin Reasonable amounts may be advanced to new text end
18.17
new text begin projects to accommodate cash flow needs, new text end
18.18
new text begin support future management of acquired new text end
18.19
new text begin lands, or match a federal share. The new text end
18.20
new text begin advances must be approved as part of the new text end
18.21
new text begin accomplishment plan. Capital equipment new text end
18.22
new text begin expenditures for specific items in excess of new text end
18.23
new text begin $10,000 must be itemized in and approved as new text end
18.24
new text begin part of the accomplishment plan.new text end
18.25 Sec. 3. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
18.26to read:
18.27
new text begin Subd. 12.new text end new text begin Accomplishment plans.new text end new text begin It is a condition of acceptance of money new text end
18.28
new text begin appropriated from the outdoor heritage fund that the agency or entity using the new text end
18.29
new text begin appropriation submits an accomplishment plan and periodic accomplishment reports new text end
18.30
new text begin to the Lessard-Sams Outdoor Heritage Council in the form determined by the council. new text end
18.31
new text begin The accomplishment plan must identify the project manager responsible for expending new text end
18.32
new text begin the appropriation and the final product. The accomplishment plan must account for new text end
18.33
new text begin the use of the appropriation and outcomes of the expenditure in measures of wetlands, new text end
18.34
new text begin prairies, forests, and fish, game, and wildlife habitat restored, protected, and enhanced. new text end
18.35
new text begin The plan must include an evaluation of results. If lands are acquired by fee with money new text end
19.1
new text begin from the outdoor heritage fund, the accomplishment plan must include a hunting and new text end
19.2
new text begin fishing management plan for the lands acquired by fee. No money appropriated from the new text end
19.3
new text begin outdoor heritage fund may be expended unless the council has approved the pertinent new text end
19.4
new text begin accomplishment plan.new text end
19.5 Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
19.6to read:
19.7
new text begin Subd. 13.new text end new text begin Project requirements.new text end new text begin (a) As a condition of accepting money new text end
19.8
new text begin appropriated from the outdoor heritage fund, an agency or entity receiving money from new text end
19.9
new text begin an appropriation must comply with this subdivision for any project funded in whole or new text end
19.10
new text begin in part with funds from the appropriation.new text end
19.11
new text begin (b) All conservation easements acquired with money appropriated from the outdoor new text end
19.12
new text begin heritage fund must:new text end
19.13
new text begin (1) be permanent;new text end
19.14
new text begin (2) specify the parties to the easement;new text end
19.15
new text begin (3) specify all of the provisions of an agreement that are permanent;new text end
19.16
new text begin (4) specify the habitat types and location being protected;new text end
19.17
new text begin (5) where appropriate for conservation or water protection outcomes, require the new text end
19.18
new text begin grantor to employ practices retaining water on the eased land as long as practicable;new text end
19.19
new text begin (6) specify the responsibilities of the parties for habitat enhancement and restoration new text end
19.20
new text begin and the associated costs of these activities;new text end
19.21
new text begin (7) be sent to the office of the Lessard-Sams Outdoor Heritage Council;new text end
19.22
new text begin (8) include a long-term stewardship plan and identify the sources and amount of new text end
19.23
new text begin funding for monitoring and enforcing the easement agreement; andnew text end
19.24
new text begin (9) identify the parties responsible for monitoring and enforcing the easement new text end
19.25
new text begin agreement.new text end
19.26
new text begin (c) For all restorations, a recipient must prepare and retain an ecological restoration new text end
19.27
new text begin and management plan that, to the degree practicable, is consistent with current new text end
19.28
new text begin conservation science and ecological goals for the restoration site. Consideration should new text end
19.29
new text begin be given to soil, geology, topography, and other relevant factors that would provide the new text end
19.30
new text begin best chance for long-term success and durability of the restoration. The plan must include new text end
19.31
new text begin the proposed timetable for implementing the restoration, including, but not limited to, new text end
19.32
new text begin site preparation, establishment of diverse plant species, maintenance, and additional new text end
19.33
new text begin enhancement to establish the restoration; identify long-term maintenance and management new text end
19.34
new text begin needs of the restoration and how the maintenance, management, and enhancement will be new text end
19.35
new text begin financed; and use current conservation science to achieve the best restoration.new text end
20.1
new text begin (d) For new lands acquired, a recipient must prepare a restoration and management new text end
20.2
new text begin plan in compliance with paragraph (c), including identification of sufficient funding for new text end
20.3
new text begin implementation.new text end
20.4
new text begin (e) To ensure public accountability for the use of public funds, a recipient must new text end
20.5
new text begin provide to the Lessard-Sams Outdoor Heritage Council documentation of the process used new text end
20.6
new text begin to select parcels acquired in fee or as permanent conservation easements and must provide new text end
20.7
new text begin the council with documentation of all related transaction costs, including, but not limited new text end
20.8
new text begin to, appraisals, legal fees, recording fees, commissions, other similar costs, and donations. new text end
20.9
new text begin This information must be provided for all parties involved in the transaction. The recipient new text end
20.10
new text begin must also report to the Lessard-Sams Outdoor Heritage Council any difference between new text end
20.11
new text begin the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal, new text end
20.12
new text begin if a state-certified or state-reviewed appraisal was conducted. Acquisition data such as new text end
20.13
new text begin appraisals may remain private during negotiations but must ultimately be made public new text end
20.14
new text begin according to chapter 13.new text end
20.15
new text begin (f) Except as otherwise provided in the appropriation, all restoration and new text end
20.16
new text begin enhancement projects funded with money appropriated from the outdoor heritage fund new text end
20.17
new text begin must be on land permanently protected by a conservation easement or public ownership or new text end
20.18
new text begin in public waters as defined in section new text end
new text begin , subdivision 15.new text end
20.19
new text begin (g) To the extent an appropriation is used to acquire an interest in real property, new text end
20.20
new text begin a recipient of an appropriation from the outdoor heritage fund must provide to the new text end
20.21
new text begin Lessard-Sams Outdoor Heritage Council and the commissioner of management and new text end
20.22
new text begin budget an analysis of increased operation and maintenance costs likely to be incurred by new text end
20.23
new text begin public entities as a result of the acquisition and of how the costs are to be paid.new text end
20.24
new text begin (h) A recipient of money appropriated from the outdoor heritage fund must give new text end
20.25
new text begin consideration to and make timely written contact with Conservation Corps Minnesota for new text end
20.26
new text begin possible use of the corps' services to contract for restoration and enhancement services. new text end
20.27
new text begin A copy of the written contact must be filed with the Lessard-Sams Outdoor Heritage new text end
20.28
new text begin Council within 15 days of execution.new text end
20.29
new text begin (i) A recipient of money appropriated from the outdoor heritage fund must erect new text end
20.30
new text begin signage according to Laws 2009, chapter 172, article 5, section 10.new text end
20.31 Sec. 5. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
20.32to read:
20.33
new text begin Subd. 14.new text end new text begin Purchase of recycled and recyclable materials.new text end new text begin A political subdivision, new text end
20.34
new text begin public or private corporation, or other entity that receives money appropriated from the new text end
20.35
new text begin outdoor heritage fund must use the money in compliance with sections new text end
new text begin , regarding new text end
21.1
new text begin purchase of recycled, repairable, and durable materials, and new text end
new text begin , regarding purchase new text end
21.2
new text begin and use of paper stock and printing.new text end
21.3 Sec. 6. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
21.4to read:
21.5
new text begin Subd. 15.new text end new text begin Land acquisition restrictions.new text end new text begin (a) An interest in real property, including, new text end
21.6
new text begin but not limited to, an easement or fee title, that is acquired with money appropriated new text end
21.7
new text begin from the outdoor heritage fund must be used in perpetuity or for the specific term of an new text end
21.8
new text begin easement interest for the purpose for which the appropriation was made. The ownership new text end
21.9
new text begin of the interest in real property transfers to the state if: (1) the holder of the interest in new text end
21.10
new text begin real property fails to comply with the terms and conditions of the grant agreement or new text end
21.11
new text begin accomplishment plan; or (2) restrictions are placed on the land that preclude its use for the new text end
21.12
new text begin intended purpose as specified in the appropriation.new text end
21.13
new text begin (b) A recipient of funding that acquires an interest in real property subject to this new text end
21.14
new text begin subdivision may not alter the intended use of the interest in real property or convey any new text end
21.15
new text begin interest in the real property acquired with the appropriation without the prior review and new text end
21.16
new text begin approval of the Lessard-Sams Outdoor Heritage Council or its successor. The council new text end
21.17
new text begin shall notify the chairs and ranking minority members of the legislative committees and new text end
21.18
new text begin divisions with jurisdiction over the outdoor heritage fund at least 15 business days before new text end
21.19
new text begin approval under this paragraph. The council shall establish procedures to review requests new text end
21.20
new text begin from recipients to alter the use of or convey an interest in real property. These procedures new text end
21.21
new text begin shall allow for the replacement of the interest in real property with another interest in real new text end
21.22
new text begin property meeting the following criteria:new text end
21.23
new text begin (1) the interest must be at least equal in fair market value, as certified by the new text end
21.24
new text begin commissioner of natural resources, to the interest being replaced; andnew text end
21.25
new text begin (2) the interest must be in a reasonably equivalent location and have a reasonably new text end
21.26
new text begin equivalent useful conservation purpose compared to the interest being replaced, taking new text end
21.27
new text begin into consideration all effects from fragmentation of the whole habitat.new text end
21.28
new text begin (c) A recipient of funding who acquires an interest in real property under paragraph new text end
21.29
new text begin (a) must separately record a notice of funding restrictions in the appropriate local new text end
21.30
new text begin government office where the conveyance of the interest in real property is filed. The new text end
21.31
new text begin notice of funding agreement must contain:new text end
21.32
new text begin (1) a legal description of the interest in real property covered by the funding new text end
21.33
new text begin agreement;new text end
21.34
new text begin (2) a reference to the underlying funding agreement;new text end
21.35
new text begin (3) a reference to this section; andnew text end
22.1
new text begin (4) the following statement: "This interest in real property shall be administered in new text end
22.2
new text begin accordance with the terms, conditions, and purposes of the grant agreement controlling the new text end
22.3
new text begin acquisition of the property. The interest in real property, or any portion of the interest in new text end
22.4
new text begin real property, shall not be sold, transferred, pledged, or otherwise disposed of or further new text end
22.5
new text begin encumbered without obtaining the prior written approval of the Lessard-Sams Outdoor new text end
22.6
new text begin Heritage Council or its successor. The ownership of the interest in real property transfers to new text end
22.7
new text begin the state if: (1) the holder of the interest in real property fails to comply with the terms and new text end
22.8
new text begin conditions of the grant agreement or accomplishment plan; or (2) restrictions are placed new text end
22.9
new text begin on the land that preclude its use for the intended purpose as specified in the appropriation."new text end
22.10 Sec. 7. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
22.11to read:
22.12
new text begin Subd. 16.new text end new text begin Real property interest report.new text end new text begin (a) By December 1 each year, a recipient new text end
22.13
new text begin of money appropriated from the outdoor heritage fund that is used for the acquisition of an new text end
22.14
new text begin interest in real property, including, but not limited to, an easement or fee title, must submit new text end
22.15
new text begin annual reports on the status of the real property to the Lessard-Sams Outdoor Heritage new text end
22.16
new text begin Council or its successor in a form determined by the council. If lands are acquired by fee new text end
22.17
new text begin with money from the outdoor heritage fund, the real property interest report must include new text end
22.18
new text begin a verification of the status of the hunting and fishing management plan for the lands new text end
22.19
new text begin acquired by fee. The responsibility for reporting under this subdivision may be transferred new text end
22.20
new text begin by the recipient of the appropriation to another person or entity that holds the interest in new text end
22.21
new text begin the real property. To complete the transfer of reporting responsibility, the recipient of new text end
22.22
new text begin the appropriation must:new text end
22.23
new text begin (1) inform the person to whom the responsibility is transferred of that person's new text end
22.24
new text begin reporting responsibility;new text end
22.25
new text begin (2) inform the person to whom the responsibility is transferred of the property new text end
22.26
new text begin restrictions under subdivision 15; andnew text end
22.27
new text begin (3) provide written notice to the council of the transfer of reporting responsibility, new text end
22.28
new text begin including contact information for the person to whom the responsibility is transferred.new text end
22.29
new text begin (b) After the transfer, the person or entity that holds the interest in the real property new text end
22.30
new text begin is responsible for reporting requirements under this subdivision.new text end
22.31 Sec. 8. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
22.32to read:
22.33
new text begin Subd. 17.new text end new text begin Easement monitoring and enforcement requirements.new text end new text begin Money new text end
22.34
new text begin appropriated from the outdoor heritage fund for easement monitoring and enforcement new text end
23.1
new text begin may be spent only on activities included in an easement monitoring and enforcement new text end
23.2
new text begin plan contained within the accomplishment plan. Money received for monitoring and new text end
23.3
new text begin enforcement, including earnings on the money received, shall be kept in a monitoring new text end
23.4
new text begin and enforcement fund held by the organization and is appropriated for monitoring and new text end
23.5
new text begin enforcing conservation easements in the state. Within 120 days after the close of the new text end
23.6
new text begin entity's fiscal year, an entity receiving appropriations for easement monitoring and new text end
23.7
new text begin enforcement must provide an annual financial report to the Lessard-Sams Outdoor new text end
23.8
new text begin Heritage Council on the easement monitoring and enforcement fund as specified in the new text end
23.9
new text begin accomplishment plan. Money appropriated from the outdoor heritage fund for monitoring new text end
23.10
new text begin and enforcement of easements and earnings on the money appropriated shall revert new text end
23.11
new text begin to the state if:new text end
23.12
new text begin (1) the easement transfers to the state under subdivision 15;new text end
23.13
new text begin (2) the holder of the easement fails to file an annual report and then fails to cure that new text end
23.14
new text begin default within 30 days of notification of the default by the state; ornew text end
23.15
new text begin (3) the holder of the easement fails to comply with the terms of the monitoring and new text end
23.16
new text begin enforcement plan contained within the accomplishment plan and fails to cure that default new text end
23.17
new text begin within 90 days of notification of the default by the state.new text end
23.18 Sec. 9. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
23.19to read:
23.20
new text begin Subd. 18.new text end new text begin Successor organizations.new text end new text begin The Lessard-Sams Outdoor Heritage Council new text end
23.21
new text begin may approve the continuation of a project with an organization that has adopted a new new text end
23.22
new text begin name. Continuation of a project with an organization that has undergone a significant new text end
23.23
new text begin change in mission, structure, or purpose requires:new text end
23.24
new text begin (1) notice to the chairs of the legislative committees and divisions with jurisdiction new text end
23.25
new text begin over the outdoor heritage fund; andnew text end
23.26
new text begin (2) presentation by the council of proposed legislation either ratifying or rejecting new text end
23.27
new text begin continued involvement with the new organization.new text end
23.28 Sec. 10. Minnesota Statutes 2010, section 97A.056, is amended by adding a
23.29subdivision to read:
23.30
new text begin Subd. 19.new text end new text begin Fee title acquisition; open season.new text end new text begin (a) Lands acquired by fee with new text end
23.31
new text begin money appropriated from the outdoor heritage fund that are held by the state must be open new text end
23.32
new text begin to the public taking of fish and game during the open season, unless otherwise provided by new text end
23.33
new text begin state law.new text end
24.1
new text begin (b) Lands acquired by fee with money appropriated from the outdoor heritage fund new text end
24.2
new text begin that are held by the U.S. Fish and Wildlife Service must be open to the public taking of new text end
24.3
new text begin fish and game during the open season according to the National Wildlife Refuge System new text end
24.4
new text begin Improvement Act, United States Code, title 16, section 668dd, et seq.new text end
24.5
new text begin (c) Except as provided in paragraph (b), lands acquired by fee with money new text end
24.6
new text begin appropriated from the outdoor heritage fund that are held by a nonstate entity must be open new text end
24.7
new text begin to the public taking of fish and game during the open season, unless otherwise prescribed new text end
24.8
new text begin by the commissioner of natural resources.new text end
24.9
new text begin EFFECTIVE DATE.new text end new text begin This section is effective retroactively from July 1, 2009.new text end
24.10 Sec. 11.
new text begin LEGACY FUNDING REQUIREMENTS APPLY.new text end
24.11
new text begin Each direct recipient of money appropriated in this article, as well as each new text end
24.12
new text begin recipient of a grant awarded pursuant to this article, must satisfy all reporting and other new text end
24.13
new text begin requirements incumbent upon legacy funding recipients as provided in Laws 2011, First new text end
24.14
new text begin Special Session chapter 6, article 5.new text end
24.15
ARTICLE 2
24.16
CLEAN WATER FUND
24.17 Section 1. Minnesota Statutes 2011 Supplement, section 114D.30, subdivision 4, is
24.18amended to read:
24.19 Subd. 4.
Terms; compensation; removal. The terms of members representing the
24.20state agencies and the Metropolitan Council are four years and are coterminous with the
24.21governor. The terms of other nonlegislative members of the council shall be as provided
24.22in section
15.059, subdivision 2. Members may serve until their successors are appointed
24.23and qualify. Compensation and removal of nonlegislative council members is as provided
24.24in section
15.059, subdivisions 3 and 4. Compensation of legislative members is as
24.25determined by the appointing authority.
new text begin The Pollution Control Agency may reimburse new text end
24.26
new text begin legislative members for expenses.new text end A vacancy on the council may be filled by the
24.27appointing authority provided in subdivision 1 for the remainder of the unexpired term.
24.28 Sec. 2. Laws 2009, chapter 172, article 2, section 4, as amended by Laws 2010, chapter
24.29361, article 2, section 2, and Laws 2011, First Special Session chapter 6, article 2, section
24.3023, is amended to read:
24.31
Sec. 4. POLLUTION CONTROL AGENCY
$
24,076,000
$
27,630,000
25.1(a) $9,000,000 the first year and $9,000,000
25.2the second year are to develop total
25.3maximum daily load (TMDL) studies and
25.4TMDL implementation plans for waters
25.5listed on the United States Environmental
25.6Protection Agency approved impaired
25.7waters list in accordance with Minnesota
25.8Statutes, chapter 114D. The agency shall
25.9complete an average of ten percent of the
25.10TMDLs each year over the biennium. Of
25.11this amount, $348,000 the first year is to
25.12retest the comprehensive assessment of the
25.13biological conditions of the lower Minnesota
25.14River and its tributaries within the Lower
25.15Minnesota River Major Watershed, as
25.16previously assessed from 1976 to 1992 under
25.17the Minnesota River Assessment Project
25.18(MRAP). The assessment must include the
25.19same fish species sampling at the same 116
25.20locations and the same macroinvertebrate
25.21sampling at the same 41 locations as the
25.22MRAP assessment. The assessment must:
25.23(1) include an analysis of the findings; and
25.24(2) identify factors that limit aquatic life in
25.25the Minnesota River.
25.26Of this amount, $250,000 the first year is
25.27for a pilot project for the development of
25.28total maximum daily load (TMDL) studies
25.29conducted on a watershed basis within
25.30the Buffalo River watershed in order to
25.31protect, enhance, and restore water quality
25.32in lakes, rivers, and streams. The pilot
25.33project shall include all necessary field
25.34work to develop TMDL studies for all
25.35impaired subwatersheds within the Buffalo
26.1River watershed and provide information
26.2necessary to complete reports for most of the
26.3remaining watersheds, including analysis of
26.4water quality data, identification of sources
26.5of water quality degradation and stressors,
26.6load allocation development, development
26.7of reports that provide protection plans
26.8for subwatersheds that meet water quality
26.9standards, and development of reports that
26.10provide information necessary to complete
26.11TMDL studies for subwatersheds that do not
26.12meet water quality standards, but are not
26.13listed as impaired.
26.14(b) $500,000 the first year is for development
26.15of an enhanced TMDL database to manage
26.16and track progress. Of this amount, $63,000
26.17the first year is to promulgate rules. By
26.18November 1, 2010, the commissioner shall
26.19submit a report to the chairs of the house of
26.20representatives and senate committees with
26.21jurisdiction over environment and natural
26.22resources finance on the outcomes achieved
26.23with this appropriation.
26.24(c) $1,500,000 the first year and $3,169,000
26.25the second year are for grants under
26.26Minnesota Statutes, section
116.195, to
26.27political subdivisions for up to 50 percent of
26.28the costs to predesign, design, and implement
26.29capital projects that use storm water or
26.30treated municipal wastewater instead of
26.31groundwater from drinking water aquifers,
26.32in order to demonstrate the beneficial use
26.33of wastewater or storm water, including
26.34the conservation and protection of water
26.35resources. Of this amount, $1,000,000 the
26.36first year is for grants to ethanol plants that
27.1are within one and one-half miles of a city for
27.2improvements that use storm water or reuse
27.3greater than 300,000 gallons of wastewater
27.4per day. This appropriation is available until
27.5June 30, 2016.
27.6(d) $1,125,000 the first year and $1,125,000
27.7the second year are for groundwater
27.8assessment and drinking water protection to
27.9include:
27.10(1) the installation and sampling of at least
27.1130 new monitoring wells;
27.12(2) the analysis of samples from at least 40
27.13shallow monitoring wells each year for the
27.14presence of endocrine disrupting compounds;
27.15and
27.16(3) the completion of at least four to
27.17five groundwater models for TMDL and
27.18watershed plans.
27.19(e) $2,500,000 the first year is for the clean
27.20water partnership program. Priority shall be
27.21given to projects preventing impairments and
27.22degradation of lakes, rivers, streams, and
27.23groundwater in accordance with Minnesota
27.24Statutes, section
114D.20, subdivision 2,
27.25clause (4). Any balance remaining in the first
27.26year does not cancel and is available for the
27.27second year.
27.28(f) $896,000 the first year is to establish
27.29a network of water monitoring sites, to
27.30include at least 20 additional sites, in public
27.31waters adjacent to wastewater treatment
27.32facilities across the state to assess levels of
27.33endocrine-disrupting compounds, antibiotic
27.34compounds, and pharmaceuticals as required
28.1in this article. The data must be placed on
28.2the agency's Web site.
28.3(g) $155,000 the first year is to provide
28.4notification of the potential for coal tar
28.5contamination, establish a storm water
28.6pond inventory schedule, and develop best
28.7management practices for treating and
28.8cleaning up contaminated sediments as
28.9required in this article. $490,000 the second
28.10year is to provide grants to local units of
28.11government for up to 50 percent of the costs
28.12to implement best management practices to
28.13treat or clean up contaminated sediments
28.14in storm water ponds and other waters as
28.15defined under this article. Local governments
28.16must have adopted an ordinance for the
28.17restricted use of undiluted coal tar sealants
28.18in order to be eligible for a grant, unless a
28.19statewide restriction has been implemented.
28.20A grant awarded under this paragraph must
28.21not exceed $100,000. Up to $145,000 of the
28.22appropriation in the second year may be used
28.23to complete work required under section 28,
28.24paragraph (c).
28.25(h) $350,000 the first year and $600,000 the
28.26second year are for a restoration project in
28.27the lower St. Louis River and Duluth harbor
28.28in order to improve water quality. This
28.29appropriation must be matched by nonstate
28.30money at a rate of at least $2 for every $1 of
28.31state money.
28.32(i) $150,000 the first year and $196,000 the
28.33second year are for grants to the Red River
28.34Watershed Management Board to enhance
28.35and expand existing river watch activities in
29.1the Red River of the North. The Red River
29.2Watershed Management Board shall provide
29.3a report that includes formal evaluation
29.4results from the river watch program to the
29.5commissioners of education and the Pollution
29.6Control Agency and to the legislative natural
29.7resources finance and policy committees
29.8and K-12 finance and policy committees by
29.9February 15, 2011.
29.10(j) $200,000 the first year and $300,000 the
29.11second year are for coordination with the
29.12state of Wisconsin and the National Park
29.13Service on comprehensive water monitoring
29.14and phosphorus reduction activities in the
29.15Lake St. Croix portion of the St. Croix
29.16River. The Pollution Control Agency
29.17shall work with the St. Croix Basin Water
29.18Resources Planning Team and the St. Croix
29.19River Association in implementing the
29.20water monitoring and phosphorus reduction
29.21activities. This appropriation is available
29.22to the extent matched by nonstate sources.
29.23Money not matched by November 15, 2010,
29.24cancels for this purpose and is available for
29.25the purposes of paragraph (a).
29.26(k) $7,500,000 the first year and $7,500,000
29.27the second year are for completion of 20
29.28percent of the needed statewide assessments
29.29of surface water quality and trends. Of this
29.30amount, $175,000 the first year and $200,000
29.31the second year are for monitoring and
29.32analyzing endocrine disruptors in surface
29.33waters.
29.34(l) $100,000 the first year and $150,000
29.35the second year are for civic engagement
30.1in TMDL development. The agency shall
30.2develop a plan for expenditures under
30.3this paragraph. The agency shall give
30.4consideration to civic engagement proposals
30.5from basin or sub-basin organizations,
30.6including the Mississippi Headwaters Board,
30.7the Minnesota River Joint Powers Board,
30.8Area II Minnesota River Basin Projects,
30.9and the Red River Basin Commission.
30.10By November 15, 2009, the plan shall be
30.11submitted to the house and senate chairs
30.12and ranking minority members of the
30.13environmental finance divisions.
30.14(m) $5,000,000 the second year is for
30.15groundwater protection or prevention of
30.16groundwater degradation activities. By
30.17January 15, 2010, the commissioner, in
30.18consultation with the commissioner of
30.19natural resources, the Board of Water and
30.20Soil Resources, and other agencies, shall
30.21submit a report to the chairs of the house of
30.22representatives and senate committees with
30.23jurisdiction over the clean water fund on the
30.24intended use of these funds. The legislature
30.25must approve expenditure of these funds by
30.26law.
30.27Notwithstanding Minnesota Statutes, section
30.2816A.28
, the appropriations encumbered on or
30.29before June 30, 2011, as grants or contracts in
30.30this section are available until June 30, 2013.
30.31 Sec. 3. Laws 2011, First Special Session chapter 6, article 2, section 7, is amended to
30.32read:
30.33
30.34
Sec. 7. BOARD OF WATER AND SOIL
RESOURCES
$
27,534,000
$
27,534,000
new text begin 31,734,000new text end
31.1(a) $13,750,000 the first year and
31.2$13,750,000
new text begin $15,350,000new text end the second year are
31.3for pollution reduction and restoration grants
31.4to local government units and joint powers
31.5organizations of local government units to
31.6protect surface water and drinking water; to
31.7keep water on the land; to protect, enhance,
31.8and restore water quality in lakes, rivers,
31.9and streams; and to protect groundwater
31.10and drinking water, including feedlot water
31.11quality and subsurface sewage treatment
31.12system (SSTS) projects and stream bank,
31.13stream channel, and shoreline restoration
31.14projects. The projects must be of long-lasting
31.15public benefit, include a match, and be
31.16consistent with TMDL implementation plans
31.17or local water management plans.
31.18(b) $3,000,000 the first year and $3,000,000
new text begin new text end
31.19
new text begin $3,600,000new text end the second year are for targeted
31.20local resource protection and enhancement
31.21grants. The board shall give priority
31.22consideration to projects and practices
31.23that complement, supplement, or exceed
31.24current state standards for protection,
31.25enhancement, and restoration of water
31.26quality in lakes, rivers, and streams or that
31.27protect groundwater from degradation. Of
31.28this amount, at least $1,500,000 each year is
31.29for county SSTS implementation.
31.30(c) $900,000 the first year and $900,000
new text begin new text end
31.31
new text begin $1,200,000new text end the second year are to
31.32provide state oversight and accountability,
31.33evaluate results, and
new text begin develop an electronic new text end
31.34
new text begin system tonew text end measure
new text begin and tracknew text end the value of
31.35conservation program implementation by
31.36local governments, including submission
32.1to the legislature by March 1 each year
32.2an annual report prepared by the board,
32.3in consultation with the commissioners of
32.4natural resources, health, agriculture, and
32.5the Pollution Control Agency, detailing the
32.6recipients and projects funded under this
32.7section. The board shall require grantees to
32.8specify the outcomes that will be achieved
32.9by the grants prior to any grant awards.
32.10(d) $1,000,000 the first year and $1,000,000
new text begin new text end
32.11
new text begin $1,700,000new text end the second year are for technical
32.12assistance and grants for the conservation
32.13drainage program in consultation with
32.14the Drainage Work Group, created under
32.15Minnesota Statutes, section
103B.101,
32.16subdivision 13
, that consists of projects to
32.17
new text begin to facilitate the installation of conservation new text end
32.18
new text begin practices on drainage systems that will result new text end
32.19
new text begin in water quality improvements and evaluate new text end
32.20
new text begin the outcomes of these installations.new text end retrofit
32.21existing drainage systems with water quality
32.22improvement practices, evaluate outcomes,
32.23and provide outreach to landowners, public
32.24drainage authorities, drainage engineers
32.25and contractors, and others.
new text begin The board new text end
32.26
new text begin shall coordinate practice standards with the new text end
32.27
new text begin Natural Resources Conservation Service of new text end
32.28
new text begin the United States Department of Agriculture new text end
32.29
new text begin and seek to leverage federal funds as new text end
32.30
new text begin part of conservation drainage program new text end
32.31
new text begin implementation.new text end
32.32(e) $6,000,000 the first year and $6,000,000
32.33the second year are to purchase and restore
32.34permanent conservation easements on
32.35riparian buffers adjacent to public waters,
32.36excluding wetlands, to keep water on the
33.1land in order to decrease sediment, pollutant,
33.2and nutrient transport; reduce hydrologic
33.3impacts to surface waters; and increase
33.4infiltration for groundwater recharge. The
33.5riparian buffers must be at least 50 feet
33.6unless there is a natural impediment, a road,
33.7or other impediment beyond the control
33.8of the landowner. This appropriation may
33.9be used for restoration of riparian buffers
33.10protected by easements purchased with
33.11this appropriation and for stream bank
33.12restorations when the riparian buffers have
33.13been restored.
33.14(f) $1,300,000 the first year and $1,300,000
new text begin new text end
33.15
new text begin $2,300,000new text end the second year are for
33.16permanent conservation easements on
33.17wellhead protection areas under Minnesota
33.18Statutes, section
103F.515, subdivision 2,
33.19paragraph (d). Priority must be placed on
33.20land that is located where the vulnerability
33.21of the drinking water supply is designated
33.22as high or very high by the commissioner
33.23of health.
new text begin The board shall coordinate new text end
33.24
new text begin with the United States Geological Survey, new text end
33.25
new text begin the commissioners of health and natural new text end
33.26
new text begin resources, and local communities contained new text end
33.27
new text begin in the Decorah and St. Lawrence Edge areas new text end
33.28
new text begin of Winona, Goodhue, Olmsted, and Wabasha new text end
33.29
new text begin Counties to obtain easements in identified new text end
33.30
new text begin areas as having the most vulnerability to new text end
33.31
new text begin groundwater contamination.new text end
33.32(g) $1,500,000 the first year and $1,500,000
33.33the second year are for community partners
33.34grants to local units of government for:
33.35(1) structural or vegetative management
33.36practices that reduce storm water runoff
34.1from developed or disturbed lands to reduce
34.2the movement of sediment, nutrients, and
34.3pollutants for restoration, protection, or
34.4enhancement of water quality in lakes, rivers,
34.5and streams and to protect groundwater
34.6and drinking water; and (2) installation
34.7of proven and effective water retention
34.8practices including, but not limited to, rain
34.9gardens and other vegetated infiltration
34.10basins and sediment control basins in order
34.11to keep water on the land. The projects
34.12must be of long-lasting public benefit,
34.13include a local match, and be consistent with
34.14TMDL implementation plans or local water
34.15management plans. Local government unit
34.16staff and administration costs may be used
34.17as a match.
34.18(h) $84,000 the first year and $84,000 the
34.19second year are for a technical evaluation
34.20panel to conduct up to ten restoration
34.21evaluations under Minnesota Statutes,
34.22section
114D.50, subdivision 6.
34.23(i) The board shall contract for services
34.24with Conservation Corps Minnesota for
34.25restoration, maintenance, and other activities
34.26under this section for $500,000 the first year
34.27and $500,000 the second year.
34.28(j) The board may shift grant or cost-share
34.29funds in this section and may adjust the
34.30technical and administrative assistance
34.31portion of the funds to leverage federal or
34.32other nonstate funds or to address oversight
34.33responsibilities or high-priority needs
34.34identified in local water management plans.
35.1(k) The appropriations in this section are
35.2available until June 30, 2016.
35.3 Sec. 4.
new text begin AQUATIC INVASIVE SPECIES COOPERATIVE RESEARCH new text end
35.4
new text begin CENTER; APPROPRIATION.new text end
35.5
new text begin $1,800,000 is appropriated in fiscal year 2013 from the clean water fund to the Board new text end
35.6
new text begin of Regents of the University of Minnesota to develop and implement an Aquatic Invasive new text end
35.7
new text begin Species Cooperative Research Center, including equipment and facility development. As new text end
35.8
new text begin a condition of receiving this appropriation, the University of Minnesota is requested to new text end
35.9
new text begin collaborate with the commissioner of natural resources in developing solutions to control new text end
35.10
new text begin aquatic invasive species. A portion of this appropriation may be used for educating new text end
35.11
new text begin and engaging citizens on preventing the spread of aquatic invasive species. Money new text end
35.12
new text begin appropriated in this section may not be spent on activities unless they are directly related new text end
35.13
new text begin to and necessary for the purposes of this section. Money appropriated in this section must new text end
35.14
new text begin not be spent on indirect costs or other institutional overhead charges that are not directly new text end
35.15
new text begin related to and necessary for the purposes of this section. This is a onetime appropriation new text end
35.16
new text begin and is available until June 30, 2018. Minnesota Statutes, section 116P.10, applies to new text end
35.17
new text begin this appropriation. For the purpose of this appropriation, the term "fund" means the new text end
35.18
new text begin clean water fund and the term "commission" means the Clean Water Council as used in new text end
35.19
new text begin Minnesota Statutes, section 116P.10.new text end
35.20 Sec. 5.
new text begin LEGACY FUNDING REQUIREMENTS APPLY.new text end
35.21
new text begin All appropriations in this article are onetime and are subject to the requirements new text end
35.22
new text begin and availability provisions provided under Laws 2011, First Special Session chapter 6, new text end
35.23
new text begin articles 2 and 5. Each direct recipient of money appropriated in this article, as well as each new text end
35.24
new text begin recipient of a grant awarded pursuant to this article, must satisfy all reporting and other new text end
35.25
new text begin requirements incumbent upon legacy funding recipients as provided in Laws 2011, First new text end
35.26
new text begin Special Session chapter 6, articles 2 and 5.new text end
35.27
ARTICLE 3
35.28
PARKS AND TRAILS FUND
35.29 Section 1. Minnesota Statutes 2010, section 85.535, subdivision 3, is amended to read:
35.30 Subd. 3.
Matchnew text begin Grant amountnew text end . Recipients must provide a nonstate cash match
35.31of at least 25 percent of the total eligible project costs
new text begin A grant amount is not subject to a new text end
35.32
new text begin maximum grant award limitation. Additional consideration shall be given to applicants new text end
35.33
new text begin who provide a nonstate cash matchnew text end .
36.1 Sec. 2. Laws 2009, chapter 172, article 3, section 3, is amended to read:
36.2
Sec. 3. METROPOLITAN COUNCIL
$
12,641,000
$
15,140,000
36.3(a) $12,641,000 the first year and
36.4$15,140,000 the second year are from the
36.5parks and trails fund to be distributed as
36.6required under new Minnesota Statutes,
36.7section
85.535, subdivision 3, except that
36.8of this amount, $40,000 the first year is for
36.9a grant to Hennepin County to plant trees
36.10along the Victory Memorial Parkway.
new text begin For new text end
36.11
new text begin acquisition of an interest in real property, new text end
36.12
new text begin appropriations under this section are new text end
36.13
new text begin available until June 30, 2013.new text end
36.14(b) The Metropolitan Council shall submit
36.15a report on the expenditure and use of
36.16money appropriated under this section to
36.17the legislature as provided in Minnesota
36.18Statutes, section
3.195, by March 1 of each
36.19year. The report must detail the outcomes in
36.20terms of additional use of parks and trails
36.21resources, user satisfaction surveys, and
36.22other appropriate outcomes.
36.23(c) Grant agreements entered into by the
36.24Metropolitan Council and recipients of
36.25money appropriated under this section shall
36.26ensure that the funds are used to supplement
36.27and not substitute for traditional sources of
36.28funding.
36.29(d) The implementing agencies receiving
36.30appropriations under this section shall
36.31give consideration to contracting with the
36.32Minnesota Conservation Corps for contract
36.33restoration, maintenance, and other activities.
36.34
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
37.1
ARTICLE 4
37.2
ENVIRONMENT AND NATURAL RESOURCE TRUST FUND
37.3 Section 1. Laws 2011, First Special Session chapter 2, article 3, section 2, subdivision
37.44, is amended to read:
37.5
37.6
Subd. 4.Land, Habitat, and Recreation
14,629,000
13,755,000
new text begin 12,755,000new text end
37.7
Summary by Fund
37.8
37.9
37.10
Environment and
natural resources
trust fund
13,879,000
13,755,000
new text begin 12,755,000new text end
37.11
37.12
37.13
State land and
water conservation
account (LAWCON)
750,000
-0-
37.14(a)
State Park and Recreation Area
37.15
Operations and Improvements
37.16$1,877,000 the first year and $1,750,000
37.17the second year are from the trust fund to
37.18the commissioner of natural resources for
37.19state park and recreation area operations
37.20and improvements, including activities
37.21directly related to and necessary for this
37.22appropriation. This appropriation is not
37.23subject to Minnesota Statutes, sections
37.24116P.05, subdivision 2
, paragraph (b), and
37.25116P.09, subdivision 4
.
37.26(b)
State Parks and Trails Land
37.27
Acquisition
37.28$1,500,000 the first year and $1,500,000 the
37.29second year are from the trust fund to the
37.30commissioner of natural resources to acquire
37.31state trails and critical parcels within the
37.32statutory boundaries of state parks. State
37.33park land acquired with this appropriation
37.34must be sufficiently improved to meet at
37.35least minimum management standards, as
37.36determined by the commissioner of natural
38.1resources. A list of proposed acquisitions
38.2must be provided as part of the required work
38.3program. This appropriation is available
38.4until June 30, 2014, by which time the
38.5project must be completed and final products
38.6delivered.
38.7(c)
Metropolitan Regional Park System
38.8
Acquisition
38.9$1,125,000 the first year and $1,125,000
38.10the second year are from the trust fund to
38.11the Metropolitan Council for grants for the
38.12acquisition of lands within the approved park
38.13unit boundaries of the metropolitan regional
38.14park system. This appropriation may not
38.15be used for the purchase of residential
38.16structures. A list of proposed fee title and
38.17easement acquisitions must be provided as
38.18part of the required work program. This
38.19appropriation must be matched by at least
38.2040 percent of nonstate money and must be
38.21committed by December 31, 2011, or the
38.22appropriation cancels. This appropriation
38.23is available until June 30, 2014, at which
38.24time the project must be completed and final
38.25products delivered, unless an earlier date is
38.26specified in the work program.
38.27(d)
Regional Park, Trail, and Connection
38.28
Acquisition and Development Grants
38.29$1,000,000 the first year and $1,000,000 the
38.30second year are from the trust fund to the
38.31commissioner of natural resources to provide
38.32matching grants to local units of government
38.33for acquisition and development of regional
38.34parks, regional trails, and trail connections.
38.35The local match required for a grant to
39.1acquire a regional park or regional outdoor
39.2recreation area is two dollars of nonstate
39.3money for each three dollars of state money.
39.4This appropriation is available until June
39.530, 2014, by which time the project must be
39.6completed and final products delivered.
39.7(e)
Scientific and Natural Area Acquisition
39.8
and Restoration
39.9$820,000 the first year and $820,000 the
39.10second year are from the trust fund to
39.11the commissioner of natural resources
39.12to acquire lands with high-quality native
39.13plant communities and rare features to be
39.14established as scientific and natural areas
39.15as provided in Minnesota Statutes, section
39.1686A.05, subdivision 5
, restore parts of
39.17scientific and natural areas, and provide
39.18technical assistance and outreach. A list
39.19of proposed acquisitions must be provided
39.20as part of the required work program.
39.21Land acquired with this appropriation
39.22must be sufficiently improved to meet at
39.23least minimum management standards, as
39.24determined by the commissioner of natural
39.25resources. This appropriation is available
39.26until June 30, 2014, by which time the
39.27project must be completed and final products
39.28delivered.
39.29(f)
La Salle Lake State Recreation Area
39.30
Acquisition
39.31$1,000,000 the first year and $1,000,000
39.32the second year are
new text begin isnew text end from the trust fund
39.33to the commissioner of natural resources
39.34for an agreement with The Trust for Public
39.35Land to acquire approximately 190 acres
new text begin new text end
40.1
new text begin landnew text end to be designated as a state recreation
40.2area as provided in Minnesota Statutes,
40.3section
86A.05, subdivision 3, on La Salle
40.4Lake adjacent to the upper Mississippi
40.5River. If this acquisition is not completed
40.6by July 15, 2012, then the appropriation
40.7is available to the Department of Natural
40.8Resources for other state park and recreation
40.9area acquisitions on the priority list. Up to
40.10$10,000 may be retained by the Department
40.11of Natural Resources at the request of
40.12The Trust for Public Land for transaction
40.13costs, associated professional services, and
40.14restoration needs.
40.15(g)
Minnesota River Valley Green
40.16
Corridor Scientific and Natural Area
40.17
Acquisition
40.18$1,000,000 the first year and $1,000,000
40.19the second year are from the trust fund
40.20to the commissioner of natural resources
40.21for an agreement with the Redwood Area
40.22Communities Foundation to acquire lands
40.23with high-quality native plant communities
40.24and rare features to be established as scientific
40.25and natural areas as provided in Minnesota
40.26Statutes, section
86A.05, subdivision 5. A list
40.27of proposed acquisitions must be provided
40.28as part of the required work program.
40.29Land acquired with this appropriation
40.30must be sufficiently improved to meet at
40.31least minimum management standards, as
40.32determined by the commissioner of natural
40.33resources. Up to $54,000 may be retained by
40.34the Department of Natural Resources at the
40.35request of the Redwood Area Communities
40.36Foundation for transaction costs, associated
41.1professional services, and restoration needs.
41.2This appropriation is available until June
41.330, 2014, by which time the project must be
41.4completed and final products delivered.
41.5(h)
Native Prairie Stewardship and Native
41.6
Prairie Bank Acquisition
41.7$500,000 the first year and $500,000 the
41.8second year are from the trust fund to the
41.9commissioner of natural resources to acquire
41.10native prairie bank easements, prepare
41.11baseline property assessments, restore and
41.12enhance native prairie sites, and provide
41.13technical assistance to landowners. This
41.14appropriation is available until June 30,
41.152014, by which time the project must be
41.16completed and final products delivered.
41.17(i)
Metropolitan Conservation Corridors
41.18
(MeCC) - Phase VI
41.19$1,737,000 the first year and $1,738,000
41.20the second year are from the trust fund
41.21to the commissioner of natural resources
41.22for the acceleration of agency programs
41.23and cooperative agreements. Of this
41.24appropriation, $150,000 the first year
41.25and $150,000 the second year are to the
41.26commissioner of natural resources for
41.27agency programs and $3,175,000 is for the
41.28agreements as follows: $100,000 the first
41.29year and $100,000 the second year with
41.30Friends of the Mississippi River; $517,000
41.31the first year and $518,000 the second year
41.32with Dakota County; $200,000 the first year
41.33and $200,000 the second year with Great
41.34River Greening; $220,000 the first year and
41.35$220,000 the second year with Minnesota
42.1Land Trust; $300,000 the first year and
42.2$300,000 the second year with Minnesota
42.3Valley National Wildlife Refuge Trust, Inc.;
42.4and $250,000 the first year and $250,000
42.5the second year with The Trust for Public
42.6Land for planning, restoring, and protecting
42.7priority natural areas in the metropolitan area,
42.8as defined under Minnesota Statutes, section
42.9473.121, subdivision 2
, and portions of the
42.10surrounding counties, through contracted
42.11services, technical assistance, conservation
42.12easements, and fee title acquisition. Land
42.13acquired with this appropriation must
42.14be sufficiently improved to meet at least
42.15minimum management standards, as
42.16determined by the commissioner of natural
42.17resources. Expenditures are limited to the
42.18identified project corridor areas as defined
42.19in the work program. This appropriation
42.20may not be used for the purchase of
42.21habitable residential structures, unless
42.22expressly approved in the work program. All
42.23conservation easements must be perpetual
42.24and have a natural resource management
42.25plan. Any land acquired in fee title by the
42.26commissioner of natural resources with
42.27money from this appropriation must be
42.28designated as an outdoor recreation unit
42.29under Minnesota Statutes, section
86A.07.
42.30The commissioner may similarly designate
42.31any lands acquired in less than fee title. A
42.32list of proposed restorations and fee title
42.33and easement acquisitions must be provided
42.34as part of the required work program. An
42.35entity that acquires a conservation easement
42.36with appropriations from the trust fund
43.1must have a long-term stewardship plan
43.2for the easement and a fund established for
43.3monitoring and enforcing the agreement.
43.4Money appropriated from the trust fund for
43.5easement acquisition may be used to establish
43.6a monitoring, management, and enforcement
43.7fund as approved in the work program. An
43.8annual financial report is required for any
43.9monitoring, management, and enforcement
43.10fund established, including expenditures
43.11from the fund. This appropriation is available
43.12until June 30, 2014, by which time the
43.13project must be completed and final products
43.14delivered.
43.15(j)
Habitat Conservation Partnership
43.16
(HCP) - Phase VII
43.17$1,737,000 the first year and $1,738,000
43.18the second year are from the trust fund
43.19to the commissioner of natural resources
43.20for the acceleration of agency programs
43.21and cooperative agreements. Of this
43.22appropriation, $125,000 the first year
43.23and $125,000 the second year are to the
43.24commissioner of natural resources for
43.25agency programs and $3,225,000 is for
43.26agreements as follows: $637,000 the first
43.27year and $638,000 the second year with
43.28Ducks Unlimited, Inc.; $38,000 the first year
43.29and $37,000 the second year with Friends
43.30of Detroit Lakes Wetland Management
43.31District; $25,000 the first year and $25,000
43.32the second year with Leech Lake Band of
43.33Ojibwe; $225,000 the first year and $225,000
43.34the second year with Minnesota Land Trust;
43.35$200,000 the first year and $200,000 the
43.36second year with Minnesota Valley National
44.1Wildlife Refuge Trust, Inc.; $242,000 the
44.2first year and $243,000 the second year
44.3with Pheasants Forever, Inc.; and $245,000
44.4the first year and $245,000 the second year
44.5with The Trust for Public Land to plan,
44.6restore, and acquire fragmented landscape
44.7corridors that connect areas of quality habitat
44.8to sustain fish, wildlife, and plants. The
44.9United States Department of Agriculture,
44.10Natural Resources Conservation Service,
44.11is an authorized cooperating partner in the
44.12appropriation. Expenditures are limited to
44.13the project corridor areas as defined in the
44.14work program. Land acquired with this
44.15appropriation must be sufficiently improved
44.16to meet at least minimum habitat and facility
44.17management standards, as determined by
44.18the commissioner of natural resources.
44.19This appropriation may not be used for the
44.20purchase of habitable residential structures,
44.21unless expressly approved in the work
44.22program. All conservation easements must
44.23be perpetual and have a natural resource
44.24management plan. Any land acquired in fee
44.25title by the commissioner of natural resources
44.26with money from this appropriation must
44.27be designated as an outdoor recreation unit
44.28under Minnesota Statutes, section
86A.07.
44.29The commissioner may similarly designate
44.30any lands acquired in less than fee title. A
44.31list of proposed restorations and fee title
44.32and easement acquisitions must be provided
44.33as part of the required work program. An
44.34entity who acquires a conservation easement
44.35with appropriations from the trust fund
44.36must have a long-term stewardship plan
45.1for the easement and a fund established for
45.2monitoring and enforcing the agreement.
45.3Money appropriated from the trust fund for
45.4easement acquisition may be used to establish
45.5a monitoring, management, and enforcement
45.6fund as approved in the work program. An
45.7annual financial report is required for any
45.8monitoring, management, and enforcement
45.9fund established, including expenditures
45.10from the fund. This appropriation is available
45.11until June 30, 2014, by which time the
45.12project must be completed and final products
45.13delivered.
45.14(k)
Natural and Scenic Area Acquisition
45.15
Grants
45.16$500,000 the first year and $500,000 the
45.17second year are from the trust fund to the
45.18commissioner of natural resources to provide
45.19matching grants to local governments for
45.20acquisition of natural and scenic areas, as
45.21provided in Minnesota Statutes, section
45.2285.019, subdivision 4a
. This appropriation
45.23is available until June 30, 2014, by which
45.24time the project must be completed and final
45.25products delivered.
45.26(l)
Acceleration of Minnesota Conservation
45.27
Assistance
45.28$313,000 the first year and $312,000 the
45.29second year are from the trust fund to the
45.30Board of Water and Soil Resources to provide
45.31grants to soil and water conservation districts
45.32to provide technical assistance to secure
45.33enrollment and retention of private lands in
45.34federal and state programs for conservation.
46.1(m)
Conservation Easement Stewardship
46.2
and Enforcement Program - Phase II
46.3$250,000 the first year and $250,000 the
46.4second year are from the trust fund to
46.5the commissioner of natural resources to
46.6accelerate the implementation of the Phase
46.7I Conservation Easement Stewardship Plan
46.8being developed with an appropriation
46.9from Laws 2008, chapter 367, section 2,
46.10subdivision 5, paragraph (h).
46.11(n)
Recovery of At-Risk Native Prairie
46.12
Species
46.13$73,000 the first year and $74,000 the second
46.14year are from the trust fund to the Board of
46.15Water and Soil Resources for an agreement
46.16with the Martin County Soil and Water
46.17Conservation District to collect, propagate,
46.18and plant declining, at-risk native species
46.19on protected habitat and to enhance private
46.20market sources for local ecotype native seed.
46.21This appropriation is available until June
46.2230, 2014, by which time the project must be
46.23completed and final products delivered.
46.24(o)
Understanding Threats, Genetic
46.25
Diversity, and Conservation Options for
46.26
Wild Rice
46.27$97,000 the first year and $98,000 the second
46.28year are from the trust fund to the Board
46.29of Regents of the University of Minnesota
46.30to research the genetic diversity of wild
46.31rice population throughout Minnesota for
46.32use in related conservation and restoration
46.33efforts. This appropriation is contingent upon
46.34demonstration of review and cooperation
46.35with the Native American tribal nations
47.1in Minnesota. Equipment purchased with
47.2this appropriation must be available for
47.3future publicly funded projects at no charge
47.4except for typical operating expenses. This
47.5appropriation is available until June 30,
47.62014, by which time the project must be
47.7completed and final products delivered.
47.8(p)
Southeast Minnesota Stream
47.9
Restoration
47.10$125,000 the first year and $125,000 the
47.11second year are from the trust fund to the
47.12commissioner of natural resources for an
47.13agreement with Trout Unlimited to restore at
47.14least four miles of riparian corridor for trout
47.15and nongame species in southeast Minnesota
47.16and increase local capacities to implement
47.17stream restoration through training and
47.18technical assistance. This appropriation is
47.19available until June 30, 2014, by which time
47.20the project must be completed and final
47.21products delivered.
47.22(q)
Restoration Strategies for Ditched
47.23
Peatland Scientific and Natural Areas
47.24$100,000 the first year and $100,000 the
47.25second year are from the trust fund to the
47.26commissioner of natural resources to evaluate
47.27the hydrology and habitat of the Winter Road
47.28Lake peatland watershed protection area to
47.29determine the effects of ditch abandonment
47.30and examine the potential for restoration
47.31of patterned peatlands. This appropriation
47.32is available until June 30, 2014, by which
47.33time the project must be completed and final
47.34products delivered.
48.1(r)
Northeast Minnesota White Cedar
48.2
Plant Community Restoration
48.3$125,000 for the first year and $125,000
48.4the second year are from the trust fund to
48.5the Board of Water and Soil Resources to
48.6assess the decline of northern white cedar
48.7plant communities in northeast Minnesota,
48.8prioritize cedar sites for restoration, and
48.9provide cedar restoration training to local
48.10units of government.
48.11(s)
Land and Water Conservation Account
48.12
(LAWCON) Federal Reimbursement
48.13$750,000 is from the state land and water
48.14conservation account (LAWCON) in the
48.15natural resources fund to the commissioner of
48.16natural resources for priorities established by
48.17the commissioner for eligible state projects
48.18and administrative and planning activities
48.19consistent with Minnesota Statutes, section
48.20116P.14
, and the federal Land and Water
48.21Conservation Fund Act. This appropriation
48.22is available until June 30, 2014, by which
48.23time the project must be completed and final
48.24products delivered.
48.25 Sec. 2. Laws 2011, First Special Session chapter 2, article 3, section 2, subdivision 9,
48.26is amended to read:
48.27
48.28
Subd. 9.Emerging Issues
4,522,000
4,213,000
new text begin 3,213,000new text end
48.29(a)
Minnesota Conservation Apprentice
48.30
Academy
48.31$100,000 the first year and $100,000 the
48.32second year are from the trust fund to
48.33the Board of Water and Soil Resources
48.34in cooperation with Conservation Corps
49.1Minnesota to train and mentor future
49.2conservation professionals by providing
49.3apprenticeship service opportunities to
49.4soil and water conservation districts. This
49.5appropriation is available until June 30,
49.62014, by which time the project must be
49.7completed and the final products delivered.
49.8(b)
Chronic Wasting Disease and Animal
49.9
Health
49.10$600,000 the first year and $600,000 the
49.11second year are from the trust fund to the
49.12commissioner of natural resources to address
49.13chronic wasting disease and accelerate
49.14wildlife health programs, including activities
49.15directly related to and necessary for this
49.16appropriation.
49.17(c)
Aquatic Invasive Species
49.18$2,177,000 the first year and $3,513,000
49.19
new text begin $2,513,000 new text end the second year are from the
49.20trust fund to the commissioner of natural
49.21resources to accelerate aquatic invasive
49.22species programs, including the development
49.23and implementation of best management
49.24practices for public water access facilities
49.25to implement aquatic invasive species
49.26prevention strategies, including activities
49.27directly related to and necessary for this
49.28appropriation. $50,000 is for a grant
49.29to develop and produce a documentary
49.30identifying the challenges presented by
49.31aquatic invasive species. The documentary
49.32shall be available to the Department of
49.33Natural Resources to distribute to watercraft
49.34license purchasers and the general public
49.35through online and other media.
50.1(d)
Reinvest in Minnesota Wetlands
50.2
Reserve Acquisition and Restoration
50.3
Program Partnership
50.4$1,645,000 the first year is to the Board
50.5of Water and Soil Resources to acquire
50.6permanent conservation easements and
50.7restore wetlands and associated upland
50.8habitat in cooperation with the United States
50.9Department of Agriculture Wetlands Reserve
50.10Program. A list of proposed land acquisitions
50.11must be provided as part of the required work
50.12program.
50.13(e)
Limitation
50.14Appropriations in paragraphs (b) and (c) are
50.15not subject to Minnesota Statutes, sections
50.16116P.05, subdivision 2
, paragraph (b), and
50.17116P.09, subdivision 4
.
50.18 Sec. 3.
new text begin AQUATIC INVASIVE SPECIES COOPERATIVE RESEARCH new text end
50.19
new text begin CENTER; APPROPRIATION.new text end
50.20
new text begin $2,000,000 is appropriated in fiscal year 2013 from the environment and natural new text end
50.21
new text begin resources trust fund to the Board of Regents of the University of Minnesota to develop new text end
50.22
new text begin and implement an Aquatic Invasive Species Cooperative Research Center, including new text end
50.23
new text begin equipment and facility development. As a condition of receiving this appropriation, the new text end
50.24
new text begin University of Minnesota is requested to collaborate with the commissioner of natural new text end
50.25
new text begin resources in developing solutions to control aquatic invasive species. Money appropriated new text end
50.26
new text begin in this section may not be spent on activities unless they are directly related to and new text end
50.27
new text begin necessary for the purposes of this section. Money appropriated in this section must not be new text end
50.28
new text begin spent on indirect costs or other institutional overhead charges that are not directly related new text end
50.29
new text begin to and necessary for the purposes of this section. This is a onetime appropriation and new text end
50.30
new text begin is available until June 30, 2018.new text end
50.31
ARTICLE 5
50.32
ARTS AND CULTURAL HERITAGE FUND
50.33 Section 1. Minnesota Statutes 2010, section 16B.98, subdivision 5, is amended to read:
51.1 Subd. 5.
Creation and validity of grant agreements. (a) A grant agreement is
51.2not valid and the state is not bound by the grant unless:
51.3 (1) the grant has been executed by the head of the agency or a delegate who is
51.4party to the grant; and
51.5 (2) the accounting system shows an encumbrance for the amount of the grant in
51.6accordance with policy approved by the commissioner.
new text begin ; andnew text end
51.7
new text begin (3) the grant agreement includes an effective date that references either section new text end
51.8
new text begin 16C.05, subdivision 2, or 16B.98, subdivisions 5 and 7, as determined by the granting new text end
51.9
new text begin agency.new text end
51.10 (b) The combined grant agreement and amendments must not exceed five years
51.11without specific, written approval by the commissioner according to established policy,
51.12procedures, and standards, or unless the commissioner determines that a longer duration is
51.13in the best interest of the state.
51.14 (c) A fully executed copy of the grant agreement with all amendments and other
51.15required records relating to the grant must be kept on file at the granting agency for a time
51.16equal to that required of grantees in subdivision 8.
51.17 (d) Grant agreements must comply with policies established by the commissioner
51.18for minimum grant agreement standards and practices.
51.19 (e) The attorney general may periodically review and evaluate a sample of state
51.20agency grants to ensure compliance with applicable laws.
51.21 Sec. 2. Minnesota Statutes 2010, section 16B.98, subdivision 7, is amended to read:
51.22 Subd. 7.
Grant payments. Payments to the grantee may not be issued until the
51.23grant agreement is fully executed.
new text begin Encumbrances for grants issued by June 30 may be new text end
51.24
new text begin certified for a period of one year beyond the year in which the funds were originally new text end
51.25
new text begin appropriated as provided by section 16A.28, subdivision 6.new text end
51.26 Sec. 3. Minnesota Statutes 2010, section 116U.26, is amended to read:
51.27
116U.26 FILM PRODUCTION JOBS PROGRAM.
51.28 (a) The film production jobs program is created. The program shall be operated
51.29by the Minnesota Film and TV Board with administrative oversight and control by the
51.30director of Explore Minnesota Tourism
new text begin commissioner of administrationnew text end . The program
51.31shall make payment to producers of feature films, national television or Internet programs,
51.32documentaries, music videos, and commercials that directly create new film jobs in
51.33Minnesota. To be eligible for a payment, a producer must submit documentation to the
52.1Minnesota Film and TV Board of expenditures for production costs incurred in Minnesota
52.2that are directly attributable to the production in Minnesota of a film product.
52.3 The Minnesota Film and TV Board shall make recommendations to the director of
52.4Explore Minnesota Tourism
new text begin commissioner of administrationnew text end about program payment, but
52.5the director
new text begin commissionernew text end has the authority to make the final determination on payments.
52.6The director's
new text begin commissioner'snew text end determination must be based on proper documentation of
52.7eligible production costs submitted for payments. No more than five percent of the funds
52.8appropriated for the program in any year may be expended for administration.
52.9 (b) For the purposes of this section:
52.10 (1) "production costs" means the cost of the following:
52.11 (i) a story and scenario to be used for a film;
52.12 (ii) salaries of talent, management, and labor, including payments to personal
52.13services corporations for the services of a performing artist;
52.14 (iii) set construction and operations, wardrobe, accessories, and related services;
52.15 (iv) photography, sound synchronization, lighting, and related services;
52.16 (v) editing and related services;
52.17 (vi) rental of facilities and equipment; or
52.18 (vii) other direct costs of producing the film in accordance with generally accepted
52.19entertainment industry practice; and
52.20 (2) "film" means a feature film, television or Internet show, documentary, music
52.21video, or television commercial, whether on film, video, or digital media. Film does not
52.22include news, current events, public programming, or a program that includes weather
52.23or market reports; a talk show; a production with respect to a questionnaire or contest; a
52.24sports event or sports activity; a gala presentation or awards show; a finished production
52.25that solicits funds; or a production for which the production company is required under
52.26United States Code, title 18, section 2257, to maintain records with respect to a performer
52.27portrayed in a single-media or multimedia program.
52.28 (c) Notwithstanding any other law to the contrary, the Minnesota Film and TV Board
52.29may make reimbursements of: (1) up to 20 percent of film production costs for films that
52.30locate production outside the metropolitan area, as defined in section
473.121, subdivision
52.312, or that incur production costs in excess of $5,000,000 in the metropolitan area within
52.32a 12-month period; or (2) up to 15 percent of film production costs for films that incur
52.33production costs of $5,000,000 or less in the metropolitan area within a 12-month period.
52.34 Sec. 4. Laws 2011, First Special Session chapter 6, article 4, section 2, subdivision 5,
52.35is amended to read:
53.1
53.2
Subd. 5.Minnesota Historical Society
12,050,000
12,050,000
new text begin 12,950,000new text end
53.3These amounts are appropriated to the
53.4governing board of the Minnesota Historical
53.5Society to preserve and enhance access to
53.6Minnesota's history and its cultural and
53.7historical resources. Grant agreements
53.8entered into by the Minnesota Historical
53.9Society and other recipients of appropriations
53.10in this subdivision shall ensure that
53.11these funds are used to supplement and
53.12not substitute for traditional sources of
53.13funding. Funds directly appropriated to the
53.14Minnesota Historical Society shall be used to
53.15supplement, and not substitute for, traditional
53.16sources of funding. Notwithstanding
53.17Minnesota Statutes, section
16A.28, for
53.18historic preservation projects that improve
53.19historic structures, the amounts are available
53.20until June 30, 2015.
53.21
Statewide Historic and Cultural Grants.
53.22$5,250,000 the first year and $5,250,000
new text begin new text end
53.23
new text begin $5,450,000new text end the second year are for history
53.24programs and projects operated or conducted
53.25by or through local, county, regional, or
53.26other historical or cultural organizations; or
53.27for activities to preserve significant historic
53.28and cultural resources. Funds are to be
53.29distributed through a competitive grants
53.30process. The Minnesota Historical Society
53.31shall administer these funds using established
53.32grants mechanisms, with assistance from
53.33the advisory committee created under Laws
53.342009, chapter 172, article 4, section 2,
53.35subdivision 4, paragraph (b), item (ii).
54.1
Programs. $4,800,000 the first year and
54.2$4,800,000
new text begin $5,200,000new text end the second year are
54.3for programs and purposes related to the
54.4historical and cultural heritage of the state
54.5of Minnesota, conducted by the Minnesota
54.6Historical Society.
54.7
History Partnerships. $1,500,000 the first
54.8year and $1,500,000
new text begin $1,700,000new text end the second
54.9year are for partnerships involving multiple
54.10organizations, which may include the
54.11Minnesota Historical Society, to preserve and
54.12enhance access to Minnesota's history and
54.13cultural heritage in all regions of the state.
54.14
Statewide Survey of Historical and
54.15
Archaeological Sites. $250,000 the first
54.16year and $250,000 the second year are
54.17for a contract or contracts to be let on a
54.18competitive basis to conduct statewide
54.19surveys of Minnesota's sites of historical,
54.20archaeological, and cultural significance.
54.21Results of this survey must be published in
54.22a searchable form, available to the public on
54.23a cost-free basis. The Minnesota Historical
54.24Society, the Office of the State Archaeologist,
54.25and the Indian Affairs Council shall each
54.26appoint a representative to an oversight
54.27board to select contractors and direct the
54.28conduct of these surveys. The oversight
54.29board shall consult with the Departments of
54.30Transportation and Natural Resources.
54.31
Digital Library. $250,000 the first year and
54.32$250,000 the second year are for a digital
54.33library project to preserve, digitize, and share
54.34Minnesota images, documents, and historical
54.35materials. The Minnesota Historical Society
55.1shall cooperate with the Minitex interlibrary
55.2loan system and shall jointly share this
55.3appropriation for these purposes.
55.4
new text begin Commemoration Activities. new text end new text begin $100,000 new text end
55.5
new text begin the second year is for activities that new text end
55.6
new text begin commemorate the sesquicentennial of new text end
55.7
new text begin the American Civil War and the Dakota new text end
55.8
new text begin Conflict, as recommended by the Civil War new text end
55.9
new text begin Commemoration Task Force established in new text end
55.10
new text begin Executive Order 11-15 (2011).new text end
55.11 Sec. 5.
new text begin COMMEMORATION PROGRAMMING; APPROPRIATION.new text end
55.12
new text begin $80,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund new text end
55.13
new text begin to the commissioner of administration for grants to public broadcasting organizations to new text end
55.14
new text begin develop programming that commemorates the sesquicentennial. Of this appropriation, new text end
55.15
new text begin $50,000 is for grants to the Minnesota Public Television Association and $30,000 is for new text end
55.16
new text begin public radio grants.new text end
55.17 Sec. 6.
new text begin FILM PRODUCTION INCENTIVE PROGRAM; APPROPRIATION.new text end
55.18
new text begin $600,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund new text end
55.19
new text begin to the commissioner of administration for a grant to the Minnesota Film and TV Board new text end
55.20
new text begin for a new competitive film production incentive program. The Minnesota Film and TV new text end
55.21
new text begin Board in consultation with Independent Feature Project/Minnesota shall reimburse film new text end
55.22
new text begin producers for eligible production costs incurred to produce a film or documentary in new text end
55.23
new text begin Minnesota. Eligible production costs are expenditures incurred in Minnesota that are new text end
55.24
new text begin directly attributable to the production of a film or documentary in Minnesota. Eligible new text end
55.25
new text begin production costs include talent, management, labor, set construction and operation, new text end
55.26
new text begin wardrobe, sound synchronization, lighting, editing, rental facilities and equipment, and new text end
55.27
new text begin other direct costs of producing a film or documentary in accordance with generally new text end
55.28
new text begin accepted entertainment industry practices. A producer must agree, to the greatest extent new text end
55.29
new text begin possible, to procure all eligible production inputs in Minnesota. A producer must submit new text end
55.30
new text begin proper documentation of eligible production costs incurred. The commissioner of new text end
55.31
new text begin administration may use up to one percent of this appropriation for grant administration.new text end
55.32 Sec. 7.
new text begin HISTORICAL RULEMAKING WEB SITE; APPROPRIATION.new text end
56.1
new text begin $35,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund to new text end
56.2
new text begin the revisor of statutes to design and implement a Web site to provide the public searchable new text end
56.3
new text begin access to historical documents relating to state agency rulemaking. It is anticipated that new text end
56.4
new text begin the revisor of statutes will match this appropriation from carryforward funds and that the new text end
56.5
new text begin revisor will use the carryforward funds to design and implement a Web site that will new text end
56.6
new text begin provide the public searchable access to future state agency rulemaking documents.new text end
56.7 Sec. 8.
new text begin LEGACY FUNDING REQUIREMENTS APPLY.new text end
56.8
new text begin All appropriations in this article are onetime and are subject to the requirements new text end
56.9
new text begin and availability provisions provided under Laws 2011, First Special Session chapter 6, new text end
56.10
new text begin articles 4 and 5. Each direct recipient of money appropriated in this article, as well as each new text end
56.11
new text begin recipient of a grant awarded pursuant to this article, must satisfy all reporting and other new text end
56.12
new text begin requirements incumbent upon legacy funding recipients as provided in Laws 2011, First new text end
56.13
new text begin Special Session chapter 6, articles 4 and 5.new text end
56.14
ARTICLE 6
56.15
GENERAL
56.16 Section 1. Minnesota Statutes 2011 Supplement, section 3.303, subdivision 10, is
56.17amended to read:
56.18 Subd. 10.
Constitutionally dedicated funding accountability. (a) The Legislative
56.19Coordinating Commission shall develop and maintain a user-friendly, public-oriented
56.20Web site that informs, educates, and demonstrates to the public how the constitutionally
56.21dedicated funds in the arts and cultural heritage fund, outdoor heritage fund, clean water
56.22fund, parks and trails fund, and environment and natural resources trust fund are being
56.23expended to meet the requirements established for each fund in the state constitution.
56.24Information provided on the Web site must include, but is not limited to:
56.25(1) information on all project proposals received by the Outdoor Heritage Council
56.26and the Legislative-Citizen Commission on Minnesota Resources;
56.27(2) information on all projects receiving funding, including:
56.28(i) the name of the project and a project description;
56.29(ii) the name, telephone number, members of the board or equivalent governing
56.30body, and e-mail address of the funding recipient and, when applicable, the Web site
56.31address where the public can directly access detailed information on the recipient's receipt
56.32and use of money for the project;
56.33(iii) the amount and source of funding, including the fiscal year of the appropriation;
56.34(iv) the amount and source of any additional funding or leverage;
57.1(v) the duration of the project;
57.2(vi) the number of full-time equivalents funded under the project. For the purposes
57.3of this item, "full-time equivalent" means a position directly attributed to the receipt of
57.4money from one or more of the funds covered under this section, calculated as the total
57.5number of hours planned for the position divided by 2,088;
57.6(vii) the direct expenses and administration costs of the project;
57.7(viii) proposed measurable outcomes and the plan for measuring and evaluating
57.8the results;
57.9(ix) for pass-through, noncompetitive grants, the entity acting as the fiscal agent or
57.10administering agency and a point of contact for additional information; and
57.11 (x) for competitive grants, the name and a brief description of the qualifications of
57.12all board members or members of an equivalent governing body ultimately responsible
57.13for awarding the grants, as well as any grant-making advisory group. In addition, an
57.14entity that awards competitive grants, including but not limited to a state agency or any
57.15statewide, regional, or local organization, must report whether an employee, decision
57.16maker, advisory group member, or other person involved in the grant process disclosed
57.17a conflict of interest or potential conflict of interest. If the entity reports that a conflict
57.18of interest or potential conflict of interest was disclosed, the entity must provide the
57.19Legislative Coordinating Commission with a contact person for additional information and
57.20the Legislative Coordinating Commission must post this information on the Web site. An
57.21entity that awards competitive grants must obtain and apply the conflict of interest policies
57.22developed by the commissioner of administration under section
16B.98, subdivision 3,
57.23unless the entity maintains and applies its own documented conflict of interest policies
57.24which are substantially similar to the commissioner of administration's policies;
57.25(3) actual measured outcomes and evaluation of projects as required under sections
57.2685.53
, subdivision 2;
114D.50, subdivision 4; and
129D.17, subdivision 2;
57.27(4) education about the areas and issues the projects address, including, when
57.28feasible, maps of where projects have been undertaken;
57.29(5) all frameworks developed for future uses of each fund; and
57.30(6) methods by which members of the public may apply for project funds under
57.31any of the constitutionally dedicated funds.
57.32
new text begin Information that could be used to identify, contact, or locate an individual minor new text end
57.33
new text begin shall be withheld from the information required for the Web site.new text end
57.34(b) As soon as practicable or by January 15 of the applicable fiscal year, whichever
57.35comes first, a state agency or other recipient of a direct appropriation from a fund covered
57.36under this section shall submit the information required under paragraph (a) and, when
58.1applicable, compile and submit the same information for any grant recipient or other
58.2subrecipient of funding. All information for proposed and funded projects, including
58.3the proposed measurable outcomes, must be made available on the Web site as soon
58.4as practicable. Information on the measured outcomes and evaluation must be posted
58.5as soon as it becomes available. The costs of these activities shall be paid out of the
58.6arts and cultural heritage fund, outdoor heritage fund, clean water fund, parks and
58.7trails fund, and the environment and natural resources trust fund proportionately. For
58.8purposes of this section, "measurable outcomes" means outcomes, indicators, or other
58.9performance measures that may be quantified or otherwise measured in order to measure
58.10the effectiveness of a project or program in meeting its intended goal or purpose.
58.11(c) The Legislative Coordinating Commission shall be responsible for receiving all
58.12ten-year plans and 25-year frameworks for each of the constitutionally dedicated funds. To
58.13the extent practicable, staff for the commission shall provide assistance and oversight to
58.14these planning efforts and shall coordinate public access to hearings and public meetings
58.15for all planning efforts."
58.16Delete the title and insert:
58.17"A bill for an act
58.18relating to natural resources; appropriating money from the outdoor heritage
58.19fund, clean water fund, arts and cultural heritage fund, and environment and
58.20natural resources trust fund; modifying requirements for outdoor heritage
58.21fund appropriations; appropriating money for an Aquatic Invasive Species
58.22Cooperative Research Center; modifying prior appropriations; modifying
58.23certain parks and trails grant program provisions; changing provisions of
58.24grant management; changing control and oversight of the film production jobs
58.25program to the commissioner of administration;amending Minnesota Statutes
58.262010, sections 16B.98, subdivisions 5, 7; 85.535, subdivision 3; 97A.056, by
58.27adding subdivisions; 116U.26; Minnesota Statutes 2011 Supplement, sections
58.283.303, subdivision 10; 114D.30, subdivision 4; Laws 2009, chapter 172, article
58.292, section 4, as amended; article 3, section 3; Laws 2011, First Special Session
58.30chapter 2, article 3, section 2, subdivisions 4, 9; Laws 2011, First Special Session
58.31chapter 6, article 2, section 7; article 4, section 2, subdivision 5."
59.1
We request the adoption of this report and repassage of the bill.
59.2
Senate Conferees:
59.3
.....
.....
59.4
Bill G. Ingebrigtsen
John J. Carlson
59.5
.....
59.6
Tom Saxhaug
59.7
House Conferees:
59.8
.....
.....
59.9
Dean Urdahl
Denny McNamara
59.10
.....
59.11
Leon Lillie