1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 24931.2A bill for an act1.3relating 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, 20121.13The Honorable Michelle L. Fischbach1.14President of the Senate1.15The Honorable Kurt Zellers1.16Speaker of the House of Representatives1.17We, 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 11.23OUTDOOR HERITAGE FUND

1.24Section 1. OUTDOOR HERITAGE APPROPRIATION.

1.25The sums shown in the columns marked "Appropriations" are appropriated to the 1.26agencies and for the purposes specified in this article. The appropriations are from the 1.27outdoor heritage fund and are available for the fiscal years indicated for each purpose. The 1.28figures "2012" and "2013" used in this article mean that the appropriations listed under the 1.29figure are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. 1.30"The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" 1.31is fiscal years 2012 and 2013. The appropriations in this article are onetime.

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

2.5Sec. 2. OUTDOOR HERITAGE

2.6Subdivision 1.Total Appropriation$-0-$ 99,920,000

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

2.11Subd. 2.Prairies-0-24,640,000

2.122.13(a) Minnesota Buffers for Wildlife and Water - Phase II

2.14$2,090,000 in the second year is to the 2.15Board of Water and Soil Resources in 2.16cooperation with Pheasants Forever to 2.17acquire permanent conservation easements 2.18to enhance habitat by expanding clean water 2.19fund riparian wildlife buffers on private land. 2.20A list of proposed permanent conservation 2.21easements must be provided as part of the 2.22final report. The accomplishment plan must 2.23include an easement stewardship plan. Up 2.24to $90,000 is for establishing a monitoring 2.25and enforcement fund as approved in 2.26the accomplishment plan and subject to 2.27Minnesota Statutes, section 97A.056, 2.28subdivision 17. An annual financial report is 2.29required for any monitoring and enforcement 2.30fund established, including expenditures 2.31from the fund and a description of annual 2.32monitoring and enforcement activities.

2.332.34(b) Minnesota Prairie Recovery Project - Phase III

3.1$4,610,000 in the second year is to the 3.2commissioner of natural resources for an 3.3agreement with The Nature Conservancy to 3.4acquire native prairie and savanna and restore 3.5and enhance grasslands and savanna. A list of 3.6proposed land acquisitions must be provided 3.7as part of the required accomplishment plan. 3.8Annual income statements and balance sheets 3.9for income and expenses from land acquired 3.10with this appropriation must be submitted to 3.11the Lessard-Sams Outdoor Heritage Council 3.12no later than 180 days following the close of 3.13The Nature Conservancy's fiscal year.

3.143.15(c) Cannon River Headwaters Habitat Complex - Phase II

3.16$1,760,000 in the second year is to the 3.17commissioner of natural resources for an 3.18agreement with The Trust for Public Land 3.19to acquire and restore lands in the Cannon 3.20River watershed for wildlife management 3.21area purposes under Minnesota Statutes, 3.22section 86A.05, subdivision 8, or aquatic 3.23management area purposes under Minnesota 3.24Statutes, sections 86A.05, subdivision 3.2514, and 97C.02. A list of proposed land 3.26acquisitions must be provided as part of the 3.27required accomplishment plan.

3.28(d) Wildlife Management Area Acquisition

3.29$2,900,000 in the second year is to the 3.30commissioner of natural resources to acquire 3.31land in fee for wildlife management area 3.32purposes under Minnesota Statutes, section 3.3386A.05, subdivision 8. A list of proposed 3.34land acquisitions must be provided as part of 3.35the required accomplishment plan.

4.14.2(e) Northern Tallgrass Prairie National Wildlife Refuge Land Acquisition - Phase IV

4.3$1,580,000 in the second year is to the 4.4commissioner of natural resources for an 4.5agreement with The Nature Conservancy 4.6in cooperation with the United States Fish 4.7and Wildlife Service to acquire land in 4.8fee or permanent conservation easements 4.9within the Northern Tallgrass Prairie Habitat 4.10Preservation Area in western Minnesota for 4.11addition to the Northern Tallgrass Prairie 4.12National Wildlife Refuge. A list of proposed 4.13land acquisitions must be provided as part 4.14of the required accomplishment plan. The 4.15accomplishment plan must include an 4.16easement monitoring and enforcement plan.

4.174.18(f) Accelerating the Wildlife Management Area Program - Phase IV

4.19$3,300,000 in the second year is to the 4.20commissioner of natural resources for an 4.21agreement with Pheasants Forever to acquire 4.22land in fee for wildlife management area 4.23purposes under Minnesota Statutes, section 4.2486A.05, subdivision 8. A list of proposed 4.25land acquisitions must be provided as part of 4.26the required accomplishment plan.

4.27(g) Green Corridor Legacy Program - Phase IV

4.28$1,730,000 in the second year is to the 4.29commissioner of natural resources for 4.30an agreement with the Redwood Area 4.31Development Corporation to acquire land in 4.32fee for wildlife management area purposes 4.33under Minnesota Statutes, section 86A.05, 4.34subdivision 8, and for aquatic management 4.35areas under Minnesota Statutes, sections 5.186A.05, subdivision 14, and 97C.02. A list of 5.2proposed land acquisitions must be provided 5.3as part of the required accomplishment plan.

5.45.5(h) Accelerated Prairie Restoration and Enhancement on DNR Lands - Phase IV

5.6$4,300,000 in the second year is to the 5.7commissioner of natural resources to 5.8accelerate the restoration and enhancement 5.9of wildlife management areas, scientific 5.10and natural areas, and land under native 5.11prairie bank easements. A list of proposed 5.12restorations and enhancements must 5.13be provided as part of the required 5.14accomplishment plan.

5.155.16(i) Anoka Sand Plain Habitat Restoration and Enhancement - Phase II

5.17$1,050,000 in the second year is to the 5.18commissioner of natural resources for 5.19agreements to restore and enhance habitat on 5.20public lands in the Anoka Sand Plain and 5.21along the Rum River as follows: $558,750 to 5.22Great River Greening; $99,400 to the Anoka 5.23Conservation District; and $391,850 to the 5.24National Wild Turkey Federation. A list 5.25of proposed restorations and enhancements 5.26must be provided as part of the required 5.27accomplishment plan.

5.28(j) Enhanced Public Grasslands

5.29$1,320,000 in the second year is to the 5.30commissioner of natural resources for 5.31an agreement with Pheasants Forever in 5.32cooperation with the Minnesota Prairie 5.33Chicken Society to restore and enhance 5.34habitat on public lands. The criteria for 5.35selection of projects must be included in the 6.1accomplishment plan. A list of proposed 6.2restorations and enhancements must be 6.3provided as part of the final report.

6.4Subd. 3.Forests-0-15,300,000

6.56.6(a) Protecting Mississippi River Corridor Habitat ACUB Partnership - Phase II

6.7$480,000 in the second year is to the 6.8Board of Water and Soil Resources to 6.9acquire permanent conservation easements 6.10on land adjacent to the Nokasippi River 6.11and the boundaries of the Minnesota 6.12National Guard Army compatible use buffer 6.13(ACUB). A list of proposed land acquisitions 6.14must be provided as part of the required 6.15accomplishment plan. The accomplishment 6.16plan must include an easement stewardship 6.17plan. Up to $4,800 is for establishing 6.18a monitoring and enforcement fund as 6.19approved in the accomplishment plan and 6.20subject to Minnesota Statutes, section 6.2197A.056, subdivision 17. An annual financial 6.22report is required for any monitoring and 6.23enforcement fund established, including 6.24expenditures from the fund and a description 6.25of annual monitoring and enforcement 6.26activities.

6.276.28(b) Mississippi Northwoods Habitat Complex Protection

6.29$11,040,000 in the second year is to the 6.30commissioner of natural resources for an 6.31agreement with Crow Wing County to 6.32acquire land in fee along the Mississippi 6.33River in Crow Wing County to be added 6.34to the county forest system. The purchase 6.35price must not exceed the appraised fair 7.1market value of the property as reviewed 7.2and approved under established procedures 7.3in compliance with the Uniform Standards 7.4of Professional Appraisal Practice and 7.5the Department of Natural Resources' 7.6Supplemental Appraisal and Appraisal 7.7Review Guidelines (effective July 15, 7.82009). A land description must be provided 7.9as part of the required accomplishment 7.10plan. Development of a paved trail on land 7.11acquired under this paragraph constitutes an 7.12alteration of the intended use of the interest in 7.13real property and must be handled according 7.14to Minnesota Statutes, section 97A.056, 7.15subdivision 15. Any plan, including trail 7.16alignment, for the development of a paved 7.17trail must be submitted to the Lessard-Sams 7.18Outdoor Heritage Council for approval. No 7.19paved trail development or paved trail use 7.20is allowed unless it is specified in the plan 7.21for trail use and alignment approved by the 7.22Lessard-Sams Outdoor Heritage Council.7.23If additional money is needed to acquire 7.24the land under this paragraph, by December 7.2515, 2012, the amount necessary to complete 7.26the acquisition shall be transferred from 7.27unspent appropriations under subdivision 7.285, paragraph (h), and added to this 7.29appropriation.

7.307.31(c) Northeastern Minnesota Sharp-Tailed Grouse Habitat Partnership - Phase III

7.32$1,340,000 in the second year is to the 7.33commissioner of natural resources for 7.34an agreement with Pheasants Forever in 7.35cooperation with the Minnesota Sharp-Tailed 7.36Grouse Society to acquire and enhance 8.1lands for wildlife management area purposes 8.2under Minnesota Statutes, section 86A.05, 8.3subdivision 8. A list of proposed land 8.4acquisitions must be provided as part of the 8.5required accomplishment plan.

8.68.7(d) Protect Key Forest Habitat Lands in Cass County - Phase III

8.8$480,000 in the second year is to the 8.9commissioner of natural resources for an 8.10agreement with Cass County to acquire land 8.11in fee in Cass County for forest wildlife 8.12habitat. A list of proposed land acquisitions 8.13must be provided as part of the required 8.14accomplishment plan.

8.15(e) Minnesota Moose Habitat Collaborative

8.16$960,000 in the second year is to the 8.17commissioner of natural resources for an 8.18agreement with the Minnesota Deer Hunters 8.19Association to restore and enhance public 8.20forest lands in northeastern Minnesota 8.21for moose habitat purposes. A list of 8.22proposed restorations and enhancements 8.23must be provided as part of the required 8.24accomplishment plan.

8.258.26(f) LaSalle Lake: Protecting Critical Minnesota Headwaters Habitat

8.27$1,000,000 in the second year is added 8.28to the appropriation in Laws 2011, First 8.29Special Session chapter 6, article 1, section 8.302, subdivision 3, paragraph (b).

8.31Subd. 4.Wetlands-0-31,140,000

8.328.33(a) Reinvest in Minnesota Wetlands Reserve Program Partnership - Phase IV

9.1$13,810,000 in the second year is to the 9.2Board of Water and Soil Resources to 9.3acquire permanent conservation easements 9.4and restore wetlands and associated upland 9.5habitat in cooperation with the United 9.6States Department of Agriculture Wetlands 9.7Reserve Program. A list of land acquisitions 9.8must be provided as part of the final report. 9.9The accomplishment plan must include 9.10an easement stewardship plan. Up to 9.11$180,000 is for establishing a monitoring 9.12and enforcement fund as approved in 9.13the accomplishment plan and subject to 9.14Minnesota Statutes, section 97A.056, 9.15subdivision 17. An annual financial report is 9.16required for any monitoring and enforcement 9.17fund established, including expenditures 9.18from the fund and a description of annual 9.19monitoring and enforcement activities.

9.209.21(b) Accelerating the Waterfowl Production Area Program - Phase IV

9.22$5,400,000 in the second year is to the 9.23commissioner of natural resources for an 9.24agreement with Pheasants Forever to acquire 9.25land in fee to be managed and designated as 9.26waterfowl production areas in Minnesota, 9.27in cooperation with the United States Fish 9.28and Wildlife Service. A list of proposed land 9.29acquisitions must be provided as part of the 9.30required accomplishment plan.

9.31(c) Columbus Lake Conservation Area

9.32$940,000 in the second year is to the 9.33commissioner of natural resources for an 9.34agreement with Anoka County to acquire 9.35land in fee for conservation purposes that 10.1connect wetlands and shallow lakes to 10.2the Lamprey Pass Wildlife Management 10.3Area. A list of proposed land acquisitions 10.4must be provided as part of the required 10.5accomplishment plan.

10.610.7(d) Living Shallow Lakes and Wetlands Initiative - Phase II

10.8$4,490,000 in the second year is to the 10.9commissioner of natural resources for an 10.10agreement with Ducks Unlimited to assess, 10.11restore, and enhance shallow lakes and 10.12wetlands, including technical assistance, 10.13survey, design, and engineering to develop 10.14new enhancement and restoration projects 10.15for future implementation. A list of 10.16proposed restorations and enhancements 10.17must be provided as part of the required 10.18accomplishment plan.

10.1910.20(e) Accelerated Shallow Lakes and Wetlands Enhancement - Phase IV

10.21$3,870,000 in the second year is to the 10.22commissioner of natural resources to 10.23develop engineering designs and complete 10.24construction to enhance shallow lakes and 10.25wetlands. A list of proposed restorations and 10.26enhancements must be provided as part of 10.27the required accomplishment plan. Work 10.28must be completed within three years of the 10.29effective date of this article.

10.30(f) Marsh Lake Enhancement

10.31$2,630,000 in the second year is to the 10.32commissioner of natural resources to 10.33complete design and construction to modify 10.34the dam at Marsh Lake and return the historic 11.1outlet of the Pomme de Terre River to Lac 11.2Qui Parle.

11.3Subd. 5.Habitats-0- 28,620,000

11.4(a) DNR Aquatic Habitat - Phase IV

11.5 $3,480,000 in the second year is to the 11.6commissioner of natural resources to 11.7acquire interests in land in fee or permanent 11.8conservation easements for aquatic 11.9management areas under Minnesota Statutes, 11.10sections 86A.05, subdivision 14, and 11.1197C.02, and to restore and enhance aquatic 11.12habitat. A list of proposed land acquisitions 11.13must be provided as part of the required 11.14accomplishment plan. The accomplishment 11.15plan must include an easement stewardship 11.16plan. Up to $25,000 is for establishing 11.17a monitoring and enforcement fund as 11.18approved in the accomplishment plan and 11.19subject to Minnesota Statutes, section 11.2097A.056, subdivision 17. An annual financial 11.21report is required for any monitoring and 11.22enforcement fund established, including 11.23expenditures from the fund and a description 11.24of annual monitoring and enforcement 11.25activities.

11.26(b) Metro Big Rivers Habitat - Phase III

11.27$3,680,000 in the second year is to the 11.28commissioner of natural resources for 11.29agreements to acquire interests in land in 11.30fee or permanent conservation easements 11.31and to restore and enhance natural systems 11.32associated with the Mississippi, Minnesota, 11.33and St. Croix Rivers as follows: $1,000,000 11.34to the Minnesota Valley National Wildlife 11.35Refuge Trust, Inc.; $375,000 to the Friends 12.1of the Mississippi; $375,000 to Great River 12.2Greening; $930,000 to The Minnesota 12.3Land Trust; and $1,000,000 to The Trust 12.4for Public Land. A list of proposed 12.5acquisitions, restorations, and enhancements 12.6must be provided as part of the required 12.7accomplishment plan. The accomplishment 12.8plan must include an easement stewardship 12.9plan. Up to $51,000 is for establishing 12.10a monitoring and enforcement fund as 12.11approved in the accomplishment plan and 12.12subject to Minnesota Statutes, section 12.1397A.056, subdivision 17. An annual financial 12.14report is required for any monitoring and 12.15enforcement fund established, including 12.16expenditures from the fund and a description 12.17of annual monitoring and enforcement 12.18activities.

12.1912.20(c) Dakota County Riparian and Lakeshore Protection and Management - Phase III

12.21$480,000 in the second year is to the 12.22commissioner of natural resources for an 12.23agreement with Dakota County to acquire 12.24permanent conservation easements and 12.25restore and enhance habitats along the 12.26Mississippi, Cannon, and Vermillion Rivers. 12.27A list of proposed acquisitions, restorations, 12.28and enhancements must be provided as 12.29part of the required accomplishment plan. 12.30The accomplishment plan must include 12.31an easement stewardship plan. Up to 12.32$20,000 is for establishing a monitoring 12.33and enforcement fund as approved in 12.34the accomplishment plan and subject to 12.35Minnesota Statutes, section 97A.056, 12.36subdivision 17. An annual financial report is 13.1required for any monitoring and enforcement 13.2fund established, including expenditures 13.3from the fund and a description of annual 13.4monitoring and enforcement activities.

13.5(d) Lower St. Louis River Habitat Restoration

13.6$3,670,000 in the second year is to the 13.7commissioner of natural resources to restore 13.8habitat in the lower St. Louis River estuary. 13.9A list of proposed projects must be provided 13.10as part of the required accomplishment plan.

13.1113.12(e) Coldwater Fish Habitat Enhancement - Phase IV

13.13$2,120,000 in the second year is to the 13.14commissioner of natural resources for an 13.15agreement with Minnesota Trout Unlimited 13.16to restore and enhance coldwater fish lake, 13.17river, and stream habitats in Minnesota. A list 13.18of proposed restorations and enhancements 13.19must be provided as part of the required 13.20accomplishment plan.

13.21(f) Grand Marais Creek Outlet Restoration

13.22$2,320,000 in the second year is to the 13.23commissioner of natural resources for an 13.24agreement with the Red Lake Watershed 13.25District to restore and enhance stream and 13.26related habitat in Grand Marais Creek. A list 13.27of proposed restorations and enhancements 13.28must be provided as part of the required 13.29accomplishment plan.

13.30(g) Knife River Habitat Restoration

13.31$380,000 in the second year is to the 13.32commissioner of natural resources for an 13.33agreement with the Lake Superior Steelhead 13.34Association to restore trout habitat in the 14.1Upper Knife River Watershed. A list of 14.2proposed restorations must be provided as 14.3part of the required accomplishment plan. 14.4Notwithstanding rules of the commissioner 14.5of natural resources, restorations conducted 14.6pursuant to this paragraph may be 14.7accomplished by excavation.

14.8(h) Protect Aquatic Habitat from Asian Carp

14.9$7,500,000 in the second year is to the 14.10commissioner of natural resources to 14.11design, construct, operate, and evaluate 14.12structural deterrents for Asian carp to protect 14.13Minnesota's aquatic habitat. Use of this 14.14money requires a one-to-one match for 14.15projects on state boundary waters.

14.1614.17(i) Outdoor Heritage Conservation Partners Grant Program - Phase IV

14.18$4,990,000 in the second year is to the 14.19commissioner of natural resources for a 14.20program to provide competitive, matching 14.21grants of up to $400,000 to local, regional, 14.22state, and national organizations for 14.23enhancing, restoring, or protecting forests, 14.24wetlands, prairies, and habitat for fish, game, 14.25or wildlife in Minnesota. Grants shall not 14.26be made for activities required to fulfill 14.27the duties of owners of lands subject to 14.28conservation easements. Grants shall not be 14.29made from appropriations in this paragraph 14.30for projects that have a total project cost 14.31exceeding $575,000. $366,000 of this 14.32appropriation may be spent for personnel 14.33costs and other direct and necessary 14.34administrative costs. Grantees may acquire 14.35land or interests in land. Easements must be 15.1permanent. Land acquired in fee must be 15.2open to hunting and fishing during the open 15.3season unless otherwise provided by state 15.4law. The program shall require a match of 15.5at least ten percent from nonstate sources 15.6for all grants. The match may be cash or 15.7in-kind resources. For grant applications 15.8of $25,000 or less, the commissioner shall 15.9provide a separate, simplified application 15.10process. Subject to Minnesota Statutes, the 15.11commissioner of natural resources shall, 15.12when evaluating projects of equal value, 15.13give priority to organizations that have a 15.14history of receiving or charter to receive 15.15private contributions for local conservation 15.16or habitat projects. If acquiring land or a 15.17conservation easement, priority shall be 15.18given to projects associated with existing 15.19wildlife management areas under Minnesota 15.20Statutes, section 86A.05, subdivision 8; 15.21scientific and natural areas under Minnesota 15.22Statutes, sections 84.033 and 86A.05, 15.23subdivision 5; and aquatic management areas 15.24under Minnesota Statutes, sections 86A.05, 15.25subdivision 14, and 97C.02. All restoration 15.26or enhancement projects must be on land 15.27permanently protected by a conservation 15.28easement or public ownership or in public 15.29waters as defined in Minnesota Statutes, 15.30section 103G.005, subdivision 15. Priority 15.31shall be given to restoration and enhancement 15.32projects on public lands. Minnesota Statutes, 15.33section 97A.056, subdivision 13, applies 15.34to grants awarded under this paragraph. 15.35This appropriation is available until June 15.3630, 2016. No less than five percent of the 16.1amount of each grant must be held back from 16.2reimbursement until the grant recipient has 16.3completed a grant accomplishment report by 16.4the deadline and in the form prescribed by 16.5and satisfactory to the Lessard-Sams Outdoor 16.6Heritage Council. The commissioner shall 16.7provide notice of the grant program in 16.8the game and fish law summaries that are 16.9prepared under Minnesota Statutes, section 16.1097A.051, subdivision 2.

16.11Subd. 6.Administration-0-220,000

16.12(a) Contract Management

16.13$175,000 in the second year is to the 16.14commissioner of natural resources for 16.15contract management duties assigned in this 16.16section. The commissioner shall provide a 16.17work program in the form specified by the 16.18Lessard-Sams Outdoor Heritage Council 16.19on the expenditure of this appropriation. 16.20No money may be expended prior to 16.21Lessard-Sams Outdoor Heritage Council 16.22approval of the work program.

16.23(b) Technical Evaluation Panel

16.24$45,000 in the second year is to the 16.25commissioner of natural resources for a 16.26technical evaluation panel to conduct up to 16.27ten restoration evaluations under Minnesota 16.28Statutes, section 97A.056, subdivision 10.

16.29Subd. 7.Availability of Appropriation

16.30Money appropriated in this section may 16.31not be spent on activities unless they are 16.32directly related to and necessary for a 16.33specific appropriation and are specified in 16.34the accomplishment plan approved by the 17.1Lessard-Sams Outdoor Heritage Council. 17.2Money appropriated in this section must not 17.3be spent on indirect costs or other institutional 17.4overhead charges that are not directly related 17.5to and necessary for a specific appropriation. 17.6Unless otherwise provided, the amounts 17.7in this section are available until June 30, 17.82015, when projects must be completed and 17.9final accomplishments reported. Funds for 17.10restoration or enhancement are available 17.11until June 30, 2017, or four years after 17.12acquisition, whichever is later, in order to 17.13complete initial restoration or enhancement 17.14work. If a project receives federal funds, 17.15the time period of the appropriation is 17.16extended to equal the availability of federal 17.17funding. Funds appropriated for fee title 17.18acquisition of land may be used to restore, 17.19enhance, and provide for public use of the 17.20land acquired with the appropriation. Public 17.21use facilities must have a minimal impact 17.22on habitat in acquired lands. If the purchase 17.23price for a fee title acquisition funded with 17.24an appropriation in this article falls below 17.25the estimated purchase price contained in 17.26the approved accomplishment plan and no 17.27other acquisitions are listed in the approved 17.28accomplishment plan, the difference between 17.29the purchase price and the estimated purchase 17.30price is canceled for the project and added 17.31to the appropriation under subdivision 5, 17.32paragraph (h).

17.3317.34Subd. 8.Payment Conditions and Capital Equipment Expenditures

17.35All agreements referred to in this section must 17.36be administered on a reimbursement basis 18.1unless otherwise provided in this section. 18.2Notwithstanding Minnesota Statutes, section 18.316A.41, expenditures directly related to each 18.4appropriation's purpose made on or after July 18.51, 2012, or the date of accomplishment plan 18.6approval, whichever is later, are eligible for 18.7reimbursement unless otherwise provided in 18.8this section. Periodic reimbursement must 18.9be made upon receiving documentation that 18.10the items articulated in the accomplishment 18.11plan approved by the Lessard-Sams Outdoor 18.12Heritage Council have been achieved, 18.13including partial achievements as evidenced 18.14by progress reports approved by the 18.15Lessard-Sams Outdoor Heritage Council. 18.16Reasonable amounts may be advanced to 18.17projects to accommodate cash flow needs, 18.18support future management of acquired 18.19lands, or match a federal share. The 18.20advances must be approved as part of the 18.21accomplishment plan. Capital equipment 18.22expenditures for specific items in excess of 18.23$10,000 must be itemized in and approved as 18.24part of the accomplishment plan.18.25    Sec. 3. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 18.26to read:18.27    Subd. 12.Accomplishment plans.It is a condition of acceptance of money 18.28appropriated from the outdoor heritage fund that the agency or entity using the 18.29appropriation submits an accomplishment plan and periodic accomplishment reports 18.30to the Lessard-Sams Outdoor Heritage Council in the form determined by the council. 18.31The accomplishment plan must identify the project manager responsible for expending 18.32the appropriation and the final product. The accomplishment plan must account for 18.33the use of the appropriation and outcomes of the expenditure in measures of wetlands, 18.34prairies, forests, and fish, game, and wildlife habitat restored, protected, and enhanced. 18.35The plan must include an evaluation of results. If lands are acquired by fee with money 19.1from the outdoor heritage fund, the accomplishment plan must include a hunting and 19.2fishing management plan for the lands acquired by fee. No money appropriated from the 19.3outdoor heritage fund may be expended unless the council has approved the pertinent 19.4accomplishment plan.19.5    Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 19.6to read:19.7    Subd. 13.Project requirements.(a) As a condition of accepting money 19.8appropriated from the outdoor heritage fund, an agency or entity receiving money from 19.9an appropriation must comply with this subdivision for any project funded in whole or 19.10in part with funds from the appropriation.19.11(b) All conservation easements acquired with money appropriated from the outdoor 19.12heritage fund must:19.13(1) be permanent;19.14(2) specify the parties to the easement;19.15(3) specify all of the provisions of an agreement that are permanent;19.16(4) specify the habitat types and location being protected;19.17(5) where appropriate for conservation or water protection outcomes, require the 19.18grantor to employ practices retaining water on the eased land as long as practicable;19.19(6) specify the responsibilities of the parties for habitat enhancement and restoration 19.20and the associated costs of these activities;19.21(7) be sent to the office of the Lessard-Sams Outdoor Heritage Council;19.22(8) include a long-term stewardship plan and identify the sources and amount of 19.23funding for monitoring and enforcing the easement agreement; and19.24(9) identify the parties responsible for monitoring and enforcing the easement 19.25agreement.19.26(c) For all restorations, a recipient must prepare and retain an ecological restoration 19.27and management plan that, to the degree practicable, is consistent with current 19.28conservation science and ecological goals for the restoration site. Consideration should 19.29be given to soil, geology, topography, and other relevant factors that would provide the 19.30best chance for long-term success and durability of the restoration. The plan must include 19.31the proposed timetable for implementing the restoration, including, but not limited to, 19.32site preparation, establishment of diverse plant species, maintenance, and additional 19.33enhancement to establish the restoration; identify long-term maintenance and management 19.34needs of the restoration and how the maintenance, management, and enhancement will be 19.35financed; and use current conservation science to achieve the best restoration.20.1(d) For new lands acquired, a recipient must prepare a restoration and management 20.2plan in compliance with paragraph (c), including identification of sufficient funding for 20.3implementation.20.4(e) To ensure public accountability for the use of public funds, a recipient must 20.5provide to the Lessard-Sams Outdoor Heritage Council documentation of the process used 20.6to select parcels acquired in fee or as permanent conservation easements and must provide 20.7the council with documentation of all related transaction costs, including, but not limited 20.8to, appraisals, legal fees, recording fees, commissions, other similar costs, and donations. 20.9This information must be provided for all parties involved in the transaction. The recipient 20.10must also report to the Lessard-Sams Outdoor Heritage Council any difference between 20.11the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal, 20.12if a state-certified or state-reviewed appraisal was conducted. Acquisition data such as 20.13appraisals may remain private during negotiations but must ultimately be made public 20.14according to chapter 13.20.15(f) Except as otherwise provided in the appropriation, all restoration and 20.16enhancement projects funded with money appropriated from the outdoor heritage fund 20.17must be on land permanently protected by a conservation easement or public ownership or 20.18in public waters as defined in section 103G.005, subdivision 15.20.19(g) To the extent an appropriation is used to acquire an interest in real property, 20.20a recipient of an appropriation from the outdoor heritage fund must provide to the 20.21Lessard-Sams Outdoor Heritage Council and the commissioner of management and 20.22budget an analysis of increased operation and maintenance costs likely to be incurred by 20.23public entities as a result of the acquisition and of how the costs are to be paid.20.24(h) A recipient of money appropriated from the outdoor heritage fund must give 20.25consideration to and make timely written contact with Conservation Corps Minnesota for 20.26possible use of the corps' services to contract for restoration and enhancement services. 20.27A copy of the written contact must be filed with the Lessard-Sams Outdoor Heritage 20.28Council within 15 days of execution.20.29(i) A recipient of money appropriated from the outdoor heritage fund must erect 20.30signage according to Laws 2009, chapter 172, article 5, section 10.20.31    Sec. 5. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 20.32to read:20.33    Subd. 14.Purchase of recycled and recyclable materials.A political subdivision, 20.34public or private corporation, or other entity that receives money appropriated from the 20.35outdoor heritage fund must use the money in compliance with sections 16B.121, regarding 21.1purchase of recycled, repairable, and durable materials, and 16B.122, regarding purchase 21.2and use of paper stock and printing.21.3    Sec. 6. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 21.4to read:21.5    Subd. 15.Land acquisition restrictions.(a) An interest in real property, including, 21.6but not limited to, an easement or fee title, that is acquired with money appropriated 21.7from the outdoor heritage fund must be used in perpetuity or for the specific term of an 21.8easement interest for the purpose for which the appropriation was made. The ownership 21.9of the interest in real property transfers to the state if: (1) the holder of the interest in 21.10real property fails to comply with the terms and conditions of the grant agreement or 21.11accomplishment plan; or (2) restrictions are placed on the land that preclude its use for the 21.12intended purpose as specified in the appropriation.21.13(b) A recipient of funding that acquires an interest in real property subject to this 21.14subdivision may not alter the intended use of the interest in real property or convey any 21.15interest in the real property acquired with the appropriation without the prior review and 21.16approval of the Lessard-Sams Outdoor Heritage Council or its successor. The council 21.17shall notify the chairs and ranking minority members of the legislative committees and 21.18divisions with jurisdiction over the outdoor heritage fund at least 15 business days before 21.19approval under this paragraph. The council shall establish procedures to review requests 21.20from recipients to alter the use of or convey an interest in real property. These procedures 21.21shall allow for the replacement of the interest in real property with another interest in real 21.22property meeting the following criteria:21.23(1) the interest must be at least equal in fair market value, as certified by the 21.24commissioner of natural resources, to the interest being replaced; and21.25(2) the interest must be in a reasonably equivalent location and have a reasonably 21.26equivalent useful conservation purpose compared to the interest being replaced, taking 21.27into consideration all effects from fragmentation of the whole habitat.21.28(c) A recipient of funding who acquires an interest in real property under paragraph 21.29(a) must separately record a notice of funding restrictions in the appropriate local 21.30government office where the conveyance of the interest in real property is filed. The 21.31notice of funding agreement must contain:21.32(1) a legal description of the interest in real property covered by the funding 21.33agreement;21.34(2) a reference to the underlying funding agreement;21.35(3) a reference to this section; and22.1(4) the following statement: "This interest in real property shall be administered in 22.2accordance with the terms, conditions, and purposes of the grant agreement controlling the 22.3acquisition of the property. The interest in real property, or any portion of the interest in 22.4real property, shall not be sold, transferred, pledged, or otherwise disposed of or further 22.5encumbered without obtaining the prior written approval of the Lessard-Sams Outdoor 22.6Heritage Council or its successor. The ownership of the interest in real property transfers to 22.7the state if: (1) the holder of the interest in real property fails to comply with the terms and 22.8conditions of the grant agreement or accomplishment plan; or (2) restrictions are placed 22.9on the land that preclude its use for the intended purpose as specified in the appropriation."22.10    Sec. 7. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 22.11to read:22.12    Subd. 16.Real property interest report.(a) By December 1 each year, a recipient 22.13of money appropriated from the outdoor heritage fund that is used for the acquisition of an 22.14interest in real property, including, but not limited to, an easement or fee title, must submit 22.15annual reports on the status of the real property to the Lessard-Sams Outdoor Heritage 22.16Council or its successor in a form determined by the council. If lands are acquired by fee 22.17with money from the outdoor heritage fund, the real property interest report must include 22.18a verification of the status of the hunting and fishing management plan for the lands 22.19acquired by fee. The responsibility for reporting under this subdivision may be transferred 22.20by the recipient of the appropriation to another person or entity that holds the interest in 22.21the real property. To complete the transfer of reporting responsibility, the recipient of 22.22the appropriation must:22.23(1) inform the person to whom the responsibility is transferred of that person's 22.24reporting responsibility;22.25(2) inform the person to whom the responsibility is transferred of the property 22.26restrictions under subdivision 15; and22.27(3) provide written notice to the council of the transfer of reporting responsibility, 22.28including contact information for the person to whom the responsibility is transferred.22.29(b) After the transfer, the person or entity that holds the interest in the real property 22.30is responsible for reporting requirements under this subdivision.22.31    Sec. 8. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 22.32to read:22.33    Subd. 17.Easement monitoring and enforcement requirements.Money 22.34appropriated from the outdoor heritage fund for easement monitoring and enforcement 23.1may be spent only on activities included in an easement monitoring and enforcement 23.2plan contained within the accomplishment plan. Money received for monitoring and 23.3enforcement, including earnings on the money received, shall be kept in a monitoring 23.4and enforcement fund held by the organization and is appropriated for monitoring and 23.5enforcing conservation easements in the state. Within 120 days after the close of the 23.6entity's fiscal year, an entity receiving appropriations for easement monitoring and 23.7enforcement must provide an annual financial report to the Lessard-Sams Outdoor 23.8Heritage Council on the easement monitoring and enforcement fund as specified in the 23.9accomplishment plan. Money appropriated from the outdoor heritage fund for monitoring 23.10and enforcement of easements and earnings on the money appropriated shall revert 23.11to the state if:23.12(1) the easement transfers to the state under subdivision 15;23.13(2) the holder of the easement fails to file an annual report and then fails to cure that 23.14default within 30 days of notification of the default by the state; or23.15(3) the holder of the easement fails to comply with the terms of the monitoring and 23.16enforcement plan contained within the accomplishment plan and fails to cure that default 23.17within 90 days of notification of the default by the state.23.18    Sec. 9. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 23.19to read:23.20    Subd. 18.Successor organizations.The Lessard-Sams Outdoor Heritage Council 23.21may approve the continuation of a project with an organization that has adopted a new 23.22name. Continuation of a project with an organization that has undergone a significant 23.23change in mission, structure, or purpose requires:23.24(1) notice to the chairs of the legislative committees and divisions with jurisdiction 23.25over the outdoor heritage fund; and23.26(2) presentation by the council of proposed legislation either ratifying or rejecting 23.27continued involvement with the new organization.23.28    Sec. 10. Minnesota Statutes 2010, section 97A.056, is amended by adding a 23.29subdivision to read:23.30    Subd. 19.Fee title acquisition; open season.(a) Lands acquired by fee with 23.31money appropriated from the outdoor heritage fund that are held by the state must be open 23.32to the public taking of fish and game during the open season, unless otherwise provided by 23.33state law.24.1(b) Lands acquired by fee with money appropriated from the outdoor heritage fund 24.2that are held by the U.S. Fish and Wildlife Service must be open to the public taking of 24.3fish and game during the open season according to the National Wildlife Refuge System 24.4Improvement Act, United States Code, title 16, section 668dd, et seq.24.5(c) Except as provided in paragraph (b), lands acquired by fee with money 24.6appropriated from the outdoor heritage fund that are held by a nonstate entity must be open 24.7to the public taking of fish and game during the open season, unless otherwise prescribed 24.8by the commissioner of natural resources.24.9EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.24.10    Sec. 11. LEGACY FUNDING REQUIREMENTS APPLY.24.11Each direct recipient of money appropriated in this article, as well as each 24.12recipient of a grant awarded pursuant to this article, must satisfy all reporting and other 24.13requirements incumbent upon legacy funding recipients as provided in Laws 2011, First 24.14Special Session chapter 6, article 5.24.15ARTICLE 224.16CLEAN WATER FUND24.17    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. The Pollution Control Agency may reimburse 24.26legislative members for expenses. 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:

24.31Sec. 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; and25.24(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; 27.15and27.16(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:

30.3330.34Sec. 7. BOARD OF WATER AND SOIL RESOURCES$27,534,000$27,534,000 31,734,000

31.1(a) $13,750,000 the first year and 31.2$13,750,000 $15,350,000 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 $3,000,00031.19$3,600,000 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 $900,00031.31$1,200,000 the second year are to 31.32provide state oversight and accountability, 31.33evaluate results, and develop an electronic 31.34system to measure and track 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 $1,000,00032.11$1,700,000 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 32.17to facilitate the installation of conservation 32.18practices on drainage systems that will result 32.19in water quality improvements and evaluate 32.20the outcomes of these installations.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. The board 32.26shall coordinate practice standards with the 32.27Natural Resources Conservation Service of 32.28the United States Department of Agriculture 32.29and seek to leverage federal funds as 32.30part of conservation drainage program 32.31implementation.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 $1,300,00033.15$2,300,000 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. The board shall coordinate 33.24with the United States Geological Survey, 33.25the commissioners of health and natural 33.26resources, and local communities contained 33.27in the Decorah and St. Lawrence Edge areas 33.28of Winona, Goodhue, Olmsted, and Wabasha 33.29Counties to obtain easements in identified 33.30areas as having the most vulnerability to 33.31groundwater contamination.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. AQUATIC INVASIVE SPECIES COOPERATIVE RESEARCH 35.4CENTER; APPROPRIATION.35.5$1,800,000 is appropriated in fiscal year 2013 from the clean water fund to the Board 35.6of Regents of the University of Minnesota to develop and implement an Aquatic Invasive 35.7Species Cooperative Research Center, including equipment and facility development. As 35.8a condition of receiving this appropriation, the University of Minnesota is requested to 35.9collaborate with the commissioner of natural resources in developing solutions to control 35.10aquatic invasive species. A portion of this appropriation may be used for educating 35.11and engaging citizens on preventing the spread of aquatic invasive species. Money 35.12appropriated in this section may not be spent on activities unless they are directly related 35.13to and necessary for the purposes of this section. Money appropriated in this section must 35.14not be spent on indirect costs or other institutional overhead charges that are not directly 35.15related to and necessary for the purposes of this section. This is a onetime appropriation 35.16and is available until June 30, 2018. Minnesota Statutes, section 116P.10, applies to 35.17this appropriation. For the purpose of this appropriation, the term "fund" means the 35.18clean water fund and the term "commission" means the Clean Water Council as used in 35.19Minnesota Statutes, section 116P.10.35.20    Sec. 5. LEGACY FUNDING REQUIREMENTS APPLY.35.21All appropriations in this article are onetime and are subject to the requirements 35.22and availability provisions provided under Laws 2011, First Special Session chapter 6, 35.23articles 2 and 5. Each direct recipient of money appropriated in this article, as well as each 35.24recipient of a grant awarded pursuant to this article, must satisfy all reporting and other 35.25requirements incumbent upon legacy funding recipients as provided in Laws 2011, First 35.26Special Session chapter 6, articles 2 and 5.35.27ARTICLE 335.28PARKS AND TRAILS FUND35.29    Section 1. Minnesota Statutes 2010, section 85.535, subdivision 3, is amended to read:35.30    Subd. 3. Match Grant amount.Recipients must provide a nonstate cash match 35.31of at least 25 percent of the total eligible project costs A grant amount is not subject to a 35.32maximum grant award limitation. Additional consideration shall be given to applicants 35.33who provide a nonstate cash match.36.1    Sec. 2. Laws 2009, chapter 172, article 3, section 3, is amended to read:

36.2Sec. 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. For 36.11acquisition of an interest in real property, 36.12appropriations under this section are 36.13available until June 30, 2013.36.14(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.36.34EFFECTIVE DATE.This section is effective the day following final enactment.37.1ARTICLE 437.2ENVIRONMENT AND NATURAL RESOURCE TRUST FUND37.3    Section 1. Laws 2011, First Special Session chapter 2, article 3, section 2, subdivision 37.44, is amended to read:

37.537.6Subd. 4.Land, Habitat, and Recreation14,629,00013,755,000 12,755,000

37.7Summary by Fund37.837.937.10Environment and 
                  		natural resources 
                  		trust fund13,879,00013,755,000 12,755,00037.1137.1237.13State land and 
                  		water conservation 
                  		account (LAWCON)750,000-0-

37.14(a) State Park and Recreation Area 37.15Operations and Improvements37.16$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 37.27Acquisition37.28$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 38.8Acquisition38.9$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 38.28Acquisition and Development Grants38.29$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 39.8and Restoration39.9$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 39.30Acquisition39.31$1,000,000 the first year and $1,000,000 39.32the second year are is 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 acres40.1land 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 40.16Corridor Scientific and Natural Area 40.17Acquisition40.18$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 41.6Prairie Bank Acquisition41.7$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 VI41.19$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 VII43.17$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 45.15Grants45.16$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 45.27Assistance45.28$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 46.2and Enforcement Program - Phase II46.3$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 46.12Species46.13$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 46.25Diversity, and Conservation Options for 46.26Wild Rice46.27$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 47.9Restoration47.10$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 47.23Peatland Scientific and Natural Areas47.24$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 48.2Plant Community Restoration48.3$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 Reimbursement48.13$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:

48.2748.28Subd. 9.Emerging Issues4,522,0004,213,0003,213,000

48.29(a) Minnesota Conservation Apprentice 48.30Academy48.31$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 49.9Health49.10$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 Species49.18$2,177,000 the first year and $3,513,00049.19$2,513,000 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 50.2Reserve Acquisition and Restoration 50.3Program Partnership50.4$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) Limitation50.14Appropriations 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. AQUATIC INVASIVE SPECIES COOPERATIVE RESEARCH 50.19CENTER; APPROPRIATION.50.20$2,000,000 is appropriated in fiscal year 2013 from the environment and natural 50.21resources trust fund to the Board of Regents of the University of Minnesota to develop 50.22and implement an Aquatic Invasive Species Cooperative Research Center, including 50.23equipment and facility development. As a condition of receiving this appropriation, the 50.24University of Minnesota is requested to collaborate with the commissioner of natural 50.25resources in developing solutions to control aquatic invasive species. Money appropriated 50.26in this section may not be spent on activities unless they are directly related to and 50.27necessary for the purposes of this section. Money appropriated in this section must not be 50.28spent on indirect costs or other institutional overhead charges that are not directly related 50.29to and necessary for the purposes of this section. This is a onetime appropriation and 50.30is available until June 30, 2018.50.31ARTICLE 550.32ARTS AND CULTURAL HERITAGE FUND50.33    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; and51.5    (2) the accounting system shows an encumbrance for the amount of the grant in 51.6accordance with policy approved by the commissioner.; and51.7(3) the grant agreement includes an effective date that references either section 51.816C.05, subdivision 2, or 16B.98, subdivisions 5 and 7, as determined by the granting 51.9agency.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. Encumbrances for grants issued by June 30 may be 51.24certified for a period of one year beyond the year in which the funds were originally 51.25appropriated as provided by section 16A.28, subdivision 6.51.26    Sec. 3. Minnesota Statutes 2010, section 116U.26, is amended to read:51.27116U.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 commissioner of administration. 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 commissioner of administration about program payment, but 52.5the director commissioner has the authority to make the final determination on payments. 52.6The director's commissioner's 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; or52.18    (vii) other direct costs of producing the film in accordance with generally accepted 52.19entertainment industry practice; and52.20    (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:

53.153.2Subd. 5.Minnesota Historical Society12,050,00012,050,00012,950,000

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, 2015.53.21Statewide Historic and Cultural Grants. 53.22$5,250,000 the first year and $5,250,00053.23$5,450,000 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).54.1Programs. $4,800,000 the first year and 54.2$4,800,000 $5,200,000 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.54.7History Partnerships. $1,500,000 the first 54.8year and $1,500,000 $1,700,000 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.54.14Statewide Survey of Historical and 54.15Archaeological 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.54.31Digital 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.55.4Commemoration Activities. $100,000 55.5the second year is for activities that 55.6commemorate the sesquicentennial of 55.7the American Civil War and the Dakota 55.8Conflict, as recommended by the Civil War 55.9Commemoration Task Force established in 55.10Executive Order 11-15 (2011).55.11    Sec. 5. COMMEMORATION PROGRAMMING; APPROPRIATION.55.12$80,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund 55.13to the commissioner of administration for grants to public broadcasting organizations to 55.14develop programming that commemorates the sesquicentennial. Of this appropriation, 55.15$50,000 is for grants to the Minnesota Public Television Association and $30,000 is for 55.16public radio grants.55.17    Sec. 6. FILM PRODUCTION INCENTIVE PROGRAM; APPROPRIATION.55.18$600,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund 55.19to the commissioner of administration for a grant to the Minnesota Film and TV Board 55.20for a new competitive film production incentive program. The Minnesota Film and TV 55.21Board in consultation with Independent Feature Project/Minnesota shall reimburse film 55.22producers for eligible production costs incurred to produce a film or documentary in 55.23Minnesota. Eligible production costs are expenditures incurred in Minnesota that are 55.24directly attributable to the production of a film or documentary in Minnesota. Eligible 55.25production costs include talent, management, labor, set construction and operation, 55.26wardrobe, sound synchronization, lighting, editing, rental facilities and equipment, and 55.27other direct costs of producing a film or documentary in accordance with generally 55.28accepted entertainment industry practices. A producer must agree, to the greatest extent 55.29possible, to procure all eligible production inputs in Minnesota. A producer must submit 55.30proper documentation of eligible production costs incurred. The commissioner of 55.31administration may use up to one percent of this appropriation for grant administration.55.32    Sec. 7. HISTORICAL RULEMAKING WEB SITE; APPROPRIATION.56.1$35,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund to 56.2the revisor of statutes to design and implement a Web site to provide the public searchable 56.3access to historical documents relating to state agency rulemaking. It is anticipated that 56.4the revisor of statutes will match this appropriation from carryforward funds and that the 56.5revisor will use the carryforward funds to design and implement a Web site that will 56.6provide the public searchable access to future state agency rulemaking documents.56.7    Sec. 8. LEGACY FUNDING REQUIREMENTS APPLY.56.8All appropriations in this article are onetime and are subject to the requirements 56.9and availability provisions provided under Laws 2011, First Special Session chapter 6, 56.10articles 4 and 5. Each direct recipient of money appropriated in this article, as well as each 56.11recipient of a grant awarded pursuant to this article, must satisfy all reporting and other 56.12requirements incumbent upon legacy funding recipients as provided in Laws 2011, First 56.13Special Session chapter 6, articles 4 and 5.56.14ARTICLE 656.15GENERAL56.16    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; and57.11    (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; and57.30(6) methods by which members of the public may apply for project funds under 57.31any of the constitutionally dedicated funds.57.32Information that could be used to identify, contact, or locate an individual minor 57.33shall be withheld from the information required for the Web site.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 act58.18relating 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."

59.1We request the adoption of this report and repassage of the bill.59.2Senate Conferees:59.3
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                     						59.4Bill G. IngebrigtsenJohn J. Carlson59.5
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                     						59.6Tom Saxhaug59.7House Conferees:59.8
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                     						59.9Dean UrdahlDenny McNamara59.10
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                     						59.11Leon Lillie