SF 2493

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

Posted on 03/26/2012 03:39 p.m.

1.1A bill for an act 1.2relating to state government; appropriating money from the outdoor heritage 1.3fund, clean water fund, and arts and cultural heritage fund; modifying 1.4requirements for outdoor heritage fund appropriations; providing for public 1.5grazing program; changing provisions of grant management; changing control 1.6and oversight of the film production jobs program to the commissioner of 1.7administration; modifying prior appropriations;amending Minnesota Statutes 1.82010, sections 16B.98, subdivisions 5, 7; 97A.056, by adding subdivisions; 1.9116U.26; Minnesota Statutes 2011 Supplement, section 114D.30, subdivision 4; 1.10Laws 2009, chapter 172, article 2, section 4, as amended; article 3, section 3; 1.11Laws 2011, First Special Session chapter 6, article 1, section 2, subdivision 9; 1.12article 2, section 7; article 4, section 2, subdivision 5; proposing coding for new 1.13law in Minnesota Statutes, chapter 84. 1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.15ARTICLE 1 1.16OUTDOOR HERITAGE FUND 1.17 Section 1. new text begin OUTDOOR HERITAGE APPROPRIATION. new text end 1.18 new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 1.19 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 1.20 new text begin outdoor heritage fund and are available for the fiscal years indicated for each purpose. The new text end 1.21 new text begin figures "2012" and "2013" used in this article mean that the appropriations listed under the new text end 1.22 new text begin figure are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. new text end 1.23 new text begin "The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" new text end 1.24 new text begin is fiscal years 2012 and 2013. The appropriations in this article are onetime. new text end 1.25 new text begin APPROPRIATIONS new text end 1.26 new text begin Available for the Year new text end 1.27 new text begin Ending June 30 new text end 1.28 new text begin 2012 new text end new text begin 2013 new text end 2.1 Sec. 2. new text begin OUTDOOR HERITAGE new text end 2.2 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin -0- new text end new text begin $ new text end new text begin 97,420,000 new text end 2.3 new text begin This appropriation is from the outdoor new text end 2.4 new text begin heritage fund. The amounts that may be new text end 2.5 new text begin spent for each purpose are specified in the new text end 2.6 new text begin following subdivisions. new text end 2.7 new text begin Subd. 2. new text end new text begin Prairies new text end new text begin -0- new text end new text begin 24,640,000 new text end 2.8 2.9 new text begin (a) new text end new text begin Minnesota Buffers for Wildlife and Water new text end new text begin - Phase II new text end 2.10 new text begin $2,090,000 in the second year is to the new text end 2.11 new text begin Board of Water and Soil Resources in new text end 2.12 new text begin cooperation with Pheasants Forever to new text end 2.13 new text begin acquire permanent conservation easements new text end 2.14 new text begin to enhance habitat by expanding clean water new text end 2.15 new text begin fund riparian wildlife buffers on private land. new text end 2.16 new text begin A list of proposed permanent conservation new text end 2.17 new text begin easements must be provided as part of the new text end 2.18 new text begin final report. The accomplishment plan must new text end 2.19 new text begin include an easement stewardship plan. Up new text end 2.20 new text begin to $90,000 is for establishing a monitoring new text end 2.21 new text begin and enforcement fund as approved in new text end 2.22 new text begin the accomplishment plan and subject to new text end 2.23 new text begin Minnesota Statutes, section new text end new text begin , new text end 2.24 new text begin subdivision 17. An annual financial report is new text end 2.25 new text begin required for any monitoring and enforcement new text end 2.26 new text begin fund established, including expenditures new text end 2.27 new text begin from the fund and a description of annual new text end 2.28 new text begin monitoring and enforcement activities. new text end 2.29 2.30 new text begin (b) new text end new text begin Minnesota Prairie Recovery Project - Phase new text end new text begin III new text end 2.31 new text begin $4,610,000 in the second year is to the new text end 2.32 new text begin commissioner of natural resources for an new text end 2.33 new text begin agreement with The Nature Conservancy to new text end 2.34 new text begin acquire native prairie and savanna and restore new text end 2.35 new text begin and enhance grasslands and savanna. A list of new text end 3.1 new text begin proposed land acquisitions must be provided new text end 3.2 new text begin as part of the required accomplishment plan. new text end 3.3 new text begin Annual income statements and balance sheets new text end 3.4 new text begin for income and expenses from land acquired new text end 3.5 new text begin with this appropriation must be submitted to new text end 3.6 new text begin the Lessard-Sams Outdoor Heritage Council new text end 3.7 new text begin no later than 180 days following the close of new text end 3.8 new text begin The Nature Conservancy's fiscal year. new text end 3.9 3.10 new text begin (c) new text end new text begin Cannon River Headwaters Habitat new text end new text begin Complex - Phase II new text end 3.11 new text begin $1,760,000 in the second year is to the new text end 3.12 new text begin commissioner of natural resources for an new text end 3.13 new text begin agreement with The Trust for Public Land new text end 3.14 new text begin to acquire and restore lands in the Cannon new text end 3.15 new text begin River watershed for wildlife management new text end 3.16 new text begin area purposes under Minnesota Statutes, new text end 3.17 new text begin section new text end new text begin , subdivision 8, or aquatic new text end 3.18 new text begin management area purposes under Minnesota new text end 3.19 new text begin Statutes, sections new text end new text begin , subdivision new text end 3.20 new text begin 14, and new text end new text begin . A list of proposed land new text end 3.21 new text begin acquisitions must be provided as part of the new text end 3.22 new text begin required accomplishment plan. new text end 3.23 new text begin (d) new text end new text begin Wildlife Management Area Acquisition new text end 3.24 new text begin $2,900,000 in the second year is to the new text end 3.25 new text begin commissioner of natural resources to acquire new text end 3.26 new text begin land in fee for wildlife management area new text end 3.27 new text begin purposes under Minnesota Statutes, section new text end 3.28 new text begin , subdivision 8. A list of proposed new text end 3.29 new text begin land acquisitions must be provided as part of new text end 3.30 new text begin the required accomplishment plan. new text end 3.31 3.32 new text begin (e) new text end new text begin Northern Tallgrass Prairie National new text end new text begin Wildlife Refuge Land Acquisition - Phase IV new text end 3.33 new text begin $1,580,000 in the second year is to the new text end 3.34 new text begin commissioner of natural resources for an new text end 3.35 new text begin agreement with The Nature Conservancy new text end 4.1 new text begin in cooperation with the United States Fish new text end 4.2 new text begin and Wildlife Service to acquire land in new text end 4.3 new text begin fee or permanent conservation easements new text end 4.4 new text begin within the Northern Tallgrass Prairie Habitat new text end 4.5 new text begin Preservation Area in western Minnesota for new text end 4.6 new text begin addition to the Northern Tallgrass Prairie new text end 4.7 new text begin National Wildlife Refuge. A list of proposed new text end 4.8 new text begin land acquisitions must be provided as part new text end 4.9 new text begin of the required accomplishment plan. The new text end 4.10 new text begin accomplishment plan must include an new text end 4.11 new text begin easement monitoring and enforcement plan. new text end 4.12 4.13 new text begin (f) new text end new text begin Accelerating the Wildlife Management Area new text end new text begin Program - Phase IV new text end 4.14 new text begin $3,300,000 in the second year is to the new text end 4.15 new text begin commissioner of natural resources for an new text end 4.16 new text begin agreement with Pheasants Forever to acquire new text end 4.17 new text begin land in fee for wildlife management area new text end 4.18 new text begin purposes under Minnesota Statutes, section new text end 4.19 new text begin , subdivision 8. A list of proposed new text end 4.20 new text begin land acquisitions must be provided as part of new text end 4.21 new text begin the required accomplishment plan. new text end 4.22 new text begin (g) new text end new text begin Green Corridor Legacy Program - Phase IV new text end 4.23 new text begin $1,730,000 in the second year is to the new text end 4.24 new text begin commissioner of natural resources for new text end 4.25 new text begin an agreement with the Redwood Area new text end 4.26 new text begin Development Corporation to acquire land in new text end 4.27 new text begin fee for wildlife management area purposes new text end 4.28 new text begin under Minnesota Statutes, section new text end new text begin , new text end 4.29 new text begin subdivision 8, and for aquatic management new text end 4.30 new text begin areas under Minnesota Statutes, sections new text end 4.31 new text begin , subdivision 14, and new text end new text begin . A list of new text end 4.32 new text begin proposed land acquisitions must be provided new text end 4.33 new text begin as part of the required accomplishment plan. new text end 4.34 4.35 new text begin (h) new text end new text begin Accelerated Prairie Restoration and new text end new text begin Enhancement on DNR Lands - Phase IV new text end 5.1 new text begin $4,300,000 in the second year is to the new text end 5.2 new text begin commissioner of natural resources to new text end 5.3 new text begin accelerate the restoration and enhancement new text end 5.4 new text begin of wildlife management areas, scientific new text end 5.5 new text begin and natural areas, and land under native new text end 5.6 new text begin prairie bank easements. A list of proposed new text end 5.7 new text begin restorations and enhancements must new text end 5.8 new text begin be provided as part of the required new text end 5.9 new text begin accomplishment plan. new text end 5.10 5.11 new text begin (i) new text end new text begin Anoka Sand Plain Habitat Restoration and new text end new text begin Enhancement - Phase II new text end 5.12 new text begin $1,050,000 in the second year is to the new text end 5.13 new text begin commissioner of natural resources for new text end 5.14 new text begin agreements to restore and enhance habitat on new text end 5.15 new text begin public lands in the Anoka Sand Plain and new text end 5.16 new text begin along the Rum River as follows: $558,750 to new text end 5.17 new text begin Great River Greening; $99,400 to the Anoka new text end 5.18 new text begin Conservation District; and $391,850 to the new text end 5.19 new text begin National Wild Turkey Federation. A list new text end 5.20 new text begin of proposed restorations and enhancements new text end 5.21 new text begin must be provided as part of the required new text end 5.22 new text begin accomplishment plan. new text end 5.23 new text begin (j) new text end new text begin Enhanced Public Grasslands new text end 5.24 new text begin $1,320,000 in the second year is to the new text end 5.25 new text begin commissioner of natural resources for new text end 5.26 new text begin an agreement with Pheasants Forever in new text end 5.27 new text begin cooperation with the Minnesota Prairie new text end 5.28 new text begin Chicken Society to restore and enhance new text end 5.29 new text begin habitat on public lands. The criteria for new text end 5.30 new text begin selection of projects must be included in the new text end 5.31 new text begin accomplishment plan. A list of proposed new text end 5.32 new text begin restorations and enhancements must be new text end 5.33 new text begin provided as part of the final report. new text end 5.34 new text begin Subd. 3. new text end new text begin Forests new text end new text begin -0- new text end new text begin 10,300,000 new text end 6.1 6.2 new text begin (a) new text end new text begin Protecting Mississippi River Corridor new text end new text begin Habitat ACUB Partnership - Phase II new text end 6.3 new text begin $480,000 in the second year is to the new text end 6.4 new text begin Board of Water and Soil Resources to new text end 6.5 new text begin acquire permanent conservation easements new text end 6.6 new text begin on land adjacent to the Nokasippi River new text end 6.7 new text begin and the boundaries of the Minnesota new text end 6.8 new text begin National Guard Army compatible use buffer new text end 6.9 new text begin (ACUB). A list of proposed land acquisitions new text end 6.10 new text begin must be provided as part of the required new text end 6.11 new text begin accomplishment plan. The accomplishment new text end 6.12 new text begin plan must include an easement stewardship new text end 6.13 new text begin plan. Up to $4,800 is for establishing new text end 6.14 new text begin a monitoring and enforcement fund as new text end 6.15 new text begin approved in the accomplishment plan and new text end 6.16 new text begin subject to Minnesota Statutes, section new text end 6.17 new text begin , subdivision 17. An annual financial new text end 6.18 new text begin report is required for any monitoring and new text end 6.19 new text begin enforcement fund established, including new text end 6.20 new text begin expenditures from the fund and a description new text end 6.21 new text begin of annual monitoring and enforcement new text end 6.22 new text begin activities. new text end 6.23 6.24 new text begin (b) new text end new text begin Mississippi Northwoods Habitat Complex new text end new text begin Protection new text end 6.25 new text begin $7,040,000 in the second year is to the new text end 6.26 new text begin commissioner of natural resources to new text end 6.27 new text begin acquire land in fee along the Mississippi new text end 6.28 new text begin River in Crow Wing County to be added new text end 6.29 new text begin to Crow Wing State Forest. Prior to the new text end 6.30 new text begin acquisition, an independent state appraisal new text end 6.31 new text begin must be conducted and the purchase price new text end 6.32 new text begin must not exceed the appraised fair market new text end 6.33 new text begin value determined by the appraisal. A land new text end 6.34 new text begin description must be provided as part of the new text end 6.35 new text begin required accomplishment plan. Development new text end 6.36 new text begin of a paved trail on land acquired under this new text end 7.1 new text begin paragraph constitutes an alteration of the new text end 7.2 new text begin intended use of the interest in real property new text end 7.3 new text begin and must be handled according to Minnesota new text end 7.4 new text begin Statutes, section new text end new text begin , subdivision 15. new text end 7.5 new text begin The commissioner of natural resources shall new text end 7.6 new text begin consult with the Lessard-Sams Outdoor new text end 7.7 new text begin Heritage Council when planning for any new text end 7.8 new text begin paved trail on land acquired with this new text end 7.9 new text begin appropriation, including any plans for trail new text end 7.10 new text begin alignment. new text end 7.11 7.12 new text begin (c) new text end new text begin Northeastern Minnesota Sharp-Tailed new text end new text begin Grouse Habitat Partnership - Phase III new text end 7.13 new text begin $1,340,000 in the second year is to the new text end 7.14 new text begin commissioner of natural resources for new text end 7.15 new text begin an agreement with Pheasants Forever in new text end 7.16 new text begin cooperation with the Minnesota Sharp-Tailed new text end 7.17 new text begin Grouse Society to acquire and enhance new text end 7.18 new text begin lands for wildlife management area purposes new text end 7.19 new text begin under Minnesota Statutes, section new text end new text begin , new text end 7.20 new text begin subdivision 8. A list of proposed land new text end 7.21 new text begin acquisitions must be provided as part of the new text end 7.22 new text begin required accomplishment plan. new text end 7.23 7.24 new text begin (d) new text end new text begin Protect Key Forest Habitat Lands in Cass new text end new text begin County - Phase III new text end 7.25 new text begin $480,000 in the second year is to the new text end 7.26 new text begin commissioner of natural resources for an new text end 7.27 new text begin agreement with Cass County to acquire land new text end 7.28 new text begin in fee in Cass County for forest wildlife new text end 7.29 new text begin habitat. A list of proposed land acquisitions new text end 7.30 new text begin must be provided as part of the required new text end 7.31 new text begin accomplishment plan. new text end 7.32 new text begin (e) new text end new text begin Minnesota Moose Habitat Collaborative new text end 7.33 new text begin $960,000 in the second year is to the new text end 7.34 new text begin commissioner of natural resources for an new text end 7.35 new text begin agreement with the Minnesota Deer Hunters new text end 8.1 new text begin Association to restore and enhance public new text end 8.2 new text begin forest lands in northeastern Minnesota new text end 8.3 new text begin for moose habitat purposes. A list of new text end 8.4 new text begin proposed restorations and enhancements new text end 8.5 new text begin must be provided as part of the required new text end 8.6 new text begin accomplishment plan. new text end 8.7 new text begin Subd. 4. new text end new text begin Wetlands new text end new text begin -0- new text end new text begin 31,140,000 new text end 8.8 8.9 new text begin (a) new text end new text begin Reinvest in Minnesota Wetlands Reserve new text end new text begin Program Partnership - Phase IV new text end 8.10 new text begin $13,810,000 in the second year is to the new text end 8.11 new text begin Board of Water and Soil Resources to new text end 8.12 new text begin acquire permanent conservation easements new text end 8.13 new text begin and restore wetlands and associated upland new text end 8.14 new text begin habitat in cooperation with the United new text end 8.15 new text begin States Department of Agriculture Wetlands new text end 8.16 new text begin Reserve Program. A list of land acquisitions new text end 8.17 new text begin must be provided as part of the final report. new text end 8.18 new text begin The accomplishment plan must include new text end 8.19 new text begin an easement stewardship plan. Up to new text end 8.20 new text begin $180,000 is for establishing a monitoring new text end 8.21 new text begin and enforcement fund as approved in new text end 8.22 new text begin the accomplishment plan and subject to new text end 8.23 new text begin Minnesota Statutes, section new text end new text begin , new text end 8.24 new text begin subdivision 17. An annual financial report is new text end 8.25 new text begin required for any monitoring and enforcement new text end 8.26 new text begin fund established, including expenditures new text end 8.27 new text begin from the fund and a description of annual new text end 8.28 new text begin monitoring and enforcement activities. new text end 8.29 8.30 new text begin (b) new text end new text begin Accelerating the Waterfowl Production new text end new text begin Area Program - Phase IV new text end 8.31 new text begin $5,400,000 in the second year is to the new text end 8.32 new text begin commissioner of natural resources for an new text end 8.33 new text begin agreement with Pheasants Forever to acquire new text end 8.34 new text begin land in fee to be managed and designated as new text end 8.35 new text begin waterfowl production areas in Minnesota, new text end 8.36 new text begin in cooperation with the United States Fish new text end 9.1 new text begin and Wildlife Service. A list of proposed land new text end 9.2 new text begin acquisitions must be provided as part of the new text end 9.3 new text begin required accomplishment plan. new text end 9.4 new text begin (c) new text end new text begin Columbus Lake Conservation Area new text end 9.5 new text begin $940,000 in the second year is to the new text end 9.6 new text begin commissioner of natural resources for an new text end 9.7 new text begin agreement with Anoka County to acquire new text end 9.8 new text begin land in fee for conservation purposes that new text end 9.9 new text begin connect wetlands and shallow lakes to new text end 9.10 new text begin the Lamprey Pass Wildlife Management new text end 9.11 new text begin Area. A list of proposed land acquisitions new text end 9.12 new text begin must be provided as part of the required new text end 9.13 new text begin accomplishment plan. new text end 9.14 9.15 new text begin (d) new text end new text begin Living Shallow Lakes and Wetlands new text end new text begin Initiative - Phase II new text end 9.16 new text begin $4,490,000 in the second year is to the new text end 9.17 new text begin commissioner of natural resources for an new text end 9.18 new text begin agreement with Ducks Unlimited to assess, new text end 9.19 new text begin restore, and enhance shallow lakes and new text end 9.20 new text begin wetlands, including technical assistance, new text end 9.21 new text begin survey, design, and engineering to develop new text end 9.22 new text begin new enhancement and restoration projects new text end 9.23 new text begin for future implementation. A list of new text end 9.24 new text begin proposed restorations and enhancements new text end 9.25 new text begin must be provided as part of the required new text end 9.26 new text begin accomplishment plan. new text end 9.27 9.28 new text begin (e) new text end new text begin Accelerated Shallow Lakes and Wetlands new text end new text begin Enhancement - Phase IV new text end 9.29 new text begin $3,870,000 in the second year is to the new text end 9.30 new text begin commissioner of natural resources to new text end 9.31 new text begin develop engineering designs and complete new text end 9.32 new text begin construction to enhance shallow lakes and new text end 9.33 new text begin wetlands. A list of proposed restorations and new text end 9.34 new text begin enhancements must be provided as part of new text end 9.35 new text begin the required accomplishment plan. Work new text end 10.1 new text begin must be completed within three years of the new text end 10.2 new text begin effective date of this article. new text end 10.3 new text begin (f) new text end new text begin Marsh Lake Enhancement new text end 10.4 new text begin $2,630,000 in the second year is to the new text end 10.5 new text begin commissioner of natural resources to new text end 10.6 new text begin complete design and construction to modify new text end 10.7 new text begin the dam at Marsh Lake and return the historic new text end 10.8 new text begin outlet of the Pomme de Terre River to Lac new text end 10.9 new text begin Qui Parle. new text end 10.10 new text begin Subd. 5. new text end new text begin Habitats new text end new text begin -0- new text end new text begin 31,120,000 new text end 10.11 new text begin (a) new text end new text begin DNR Aquatic Habitat - Phase IV new text end 10.12 new text begin $3,480,000 in the second year is to the new text end 10.13 new text begin commissioner of natural resources to new text end 10.14 new text begin acquire interests in land in fee or permanent new text end 10.15 new text begin conservation easements for aquatic new text end 10.16 new text begin management areas under Minnesota Statutes, new text end 10.17 new text begin sections new text end new text begin , subdivision 14, and new text end 10.18 new text begin , and to restore and enhance aquatic new text end 10.19 new text begin habitat. A list of proposed land acquisitions new text end 10.20 new text begin must be provided as part of the required new text end 10.21 new text begin accomplishment plan. The accomplishment new text end 10.22 new text begin plan must include an easement stewardship new text end 10.23 new text begin plan. Up to $25,000 is for establishing new text end 10.24 new text begin a monitoring and enforcement fund as new text end 10.25 new text begin approved in the accomplishment plan and new text end 10.26 new text begin subject to Minnesota Statutes, section new text end 10.27 new text begin , subdivision 17. An annual financial new text end 10.28 new text begin report is required for any monitoring and new text end 10.29 new text begin enforcement fund established, including new text end 10.30 new text begin expenditures from the fund and a description new text end 10.31 new text begin of annual monitoring and enforcement new text end 10.32 new text begin activities. new text end 10.33 new text begin (b) new text end new text begin Metro Big Rivers Habitat - Phase III new text end 11.1 new text begin $3,680,000 in the second year is to the new text end 11.2 new text begin commissioner of natural resources for new text end 11.3 new text begin agreements to acquire interests in land in new text end 11.4 new text begin fee or permanent conservation easements new text end 11.5 new text begin and to restore and enhance natural systems new text end 11.6 new text begin associated with the Mississippi, Minnesota, new text end 11.7 new text begin and St. Croix Rivers as follows: $1,000,000 new text end 11.8 new text begin to the Minnesota Valley National Wildlife new text end 11.9 new text begin Refuge Trust, Inc.; $375,000 to the Friends new text end 11.10 new text begin of the Mississippi; $375,000 to Great River new text end 11.11 new text begin Greening; $930,000 to The Minnesota new text end 11.12 new text begin Land Trust; and $1,000,000 to The Trust new text end 11.13 new text begin for Public Land. A list of proposed new text end 11.14 new text begin acquisitions, restorations, and enhancements new text end 11.15 new text begin must be provided as part of the required new text end 11.16 new text begin accomplishment plan. The accomplishment new text end 11.17 new text begin plan must include an easement stewardship new text end 11.18 new text begin plan. Up to $51,000 is for establishing new text end 11.19 new text begin a monitoring and enforcement fund as new text end 11.20 new text begin approved in the accomplishment plan and new text end 11.21 new text begin subject to Minnesota Statutes, section new text end 11.22 new text begin , subdivision 17. An annual financial new text end 11.23 new text begin report is required for any monitoring and new text end 11.24 new text begin enforcement fund established, including new text end 11.25 new text begin expenditures from the fund and a description new text end 11.26 new text begin of annual monitoring and enforcement new text end 11.27 new text begin activities. new text end 11.28 11.29 new text begin (c) new text end new text begin Dakota County Riparian and Lakeshore new text end new text begin Protection and Management - Phase III new text end 11.30 new text begin $480,000 in the second year is to the new text end 11.31 new text begin commissioner of natural resources for an new text end 11.32 new text begin agreement with Dakota County to acquire new text end 11.33 new text begin permanent conservation easements and new text end 11.34 new text begin restore and enhance habitats along the new text end 11.35 new text begin Mississippi, Cannon, and Vermillion Rivers. new text end 11.36 new text begin A list of proposed acquisitions, restorations, new text end 12.1 new text begin and enhancements must be provided as new text end 12.2 new text begin part of the required accomplishment plan. new text end 12.3 new text begin The accomplishment plan must include new text end 12.4 new text begin an easement stewardship plan. Up to new text end 12.5 new text begin $20,000 is for establishing a monitoring new text end 12.6 new text begin and enforcement fund as approved in new text end 12.7 new text begin the accomplishment plan and subject to new text end 12.8 new text begin Minnesota Statutes, section new text end new text begin , new text end 12.9 new text begin subdivision 17. An annual financial report is new text end 12.10 new text begin required for any monitoring and enforcement new text end 12.11 new text begin fund established, including expenditures new text end 12.12 new text begin from the fund and a description of annual new text end 12.13 new text begin monitoring and enforcement activities. new text end 12.14 new text begin (d) new text end new text begin Lower St. Louis River Habitat Restoration new text end 12.15 new text begin $3,670,000 in the second year is to the new text end 12.16 new text begin commissioner of natural resources to restore new text end 12.17 new text begin habitat in the lower St. Louis River estuary. new text end 12.18 new text begin A list of proposed projects must be provided new text end 12.19 new text begin as part of the required accomplishment plan. new text end 12.20 12.21 new text begin (e) new text end new text begin Coldwater Fish Habitat Enhancement - new text end new text begin Phase IV new text end 12.22 new text begin $2,120,000 in the second year is to the new text end 12.23 new text begin commissioner of natural resources for an new text end 12.24 new text begin agreement with Minnesota Trout Unlimited new text end 12.25 new text begin to restore and enhance coldwater fish lake, new text end 12.26 new text begin river, and stream habitats in Minnesota. A list new text end 12.27 new text begin of proposed restorations and enhancements new text end 12.28 new text begin must be provided as part of the required new text end 12.29 new text begin accomplishment plan. new text end 12.30 new text begin (f) new text end new text begin Grand Marais Creek Outlet Restoration new text end 12.31 new text begin $2,320,000 in the second year is to the new text end 12.32 new text begin commissioner of natural resources for an new text end 12.33 new text begin agreement with the Red Lake Watershed new text end 12.34 new text begin District to restore and enhance stream and new text end 12.35 new text begin related habitat in Grand Marais Creek. A list new text end 13.1 new text begin of proposed restorations and enhancements new text end 13.2 new text begin must be provided as part of the required new text end 13.3 new text begin accomplishment plan. new text end 13.4 new text begin (g) new text end new text begin Knife River Habitat Restoration new text end 13.5 new text begin $380,000 in the second year is to the new text end 13.6 new text begin commissioner of natural resources for an new text end 13.7 new text begin agreement with the Lake Superior Steelhead new text end 13.8 new text begin Association to restore trout habitat in the new text end 13.9 new text begin Upper Knife River Watershed. A list of new text end 13.10 new text begin proposed restorations must be provided as new text end 13.11 new text begin part of the required accomplishment plan. new text end 13.12 new text begin (h) new text end new text begin Protect Aquatic Habitat from Asian Carp new text end 13.13 new text begin $7,500,000 in the second year is to the new text end 13.14 new text begin commissioner of natural resources to design, new text end 13.15 new text begin construct, operate, and evaluate structural new text end 13.16 new text begin deterrents and electric fish barriers for Asian new text end 13.17 new text begin carp to protect Minnesota's aquatic habitat new text end 13.18 new text begin from Asian carp on the Mississippi River. new text end 13.19 new text begin Use of this money requires a one-to-one new text end 13.20 new text begin match for projects on state boundary waters. new text end 13.21 13.22 new text begin (i) new text end new text begin Protect Aquatic Habitat from Aquatic new text end new text begin Invasive Species new text end 13.23 new text begin $2,200,000 in the second year is to the Board new text end 13.24 new text begin of Regents of the University of Minnesota new text end 13.25 new text begin for research on aquatic invasive species that new text end 13.26 new text begin threaten or have the potential to threaten new text end 13.27 new text begin the state's lakes, rivers, streams, wetlands, new text end 13.28 new text begin and other aquatic habitats for fish, game, new text end 13.29 new text begin and wildlife. This appropriation is added to new text end 13.30 new text begin the appropriation in article 2, section 4, for new text end 13.31 new text begin the purposes specified in that section and is new text end 13.32 new text begin available until June 30, 2018. new text end 13.33 new text begin (j) new text end new text begin Aquatic Habitat Restoration Grants new text end 14.1 new text begin $300,000 in the second year is to the new text end 14.2 new text begin commissioner of natural resources for new text end 14.3 new text begin grants to local units of government and lake new text end 14.4 new text begin associations for aquatic habitat restoration. new text end 14.5 14.6 new text begin (k) new text end new text begin Outdoor Heritage Conservation Partners new text end new text begin Grant Program - Phase IV new text end 14.7 new text begin $4,990,000 in the second year is to the new text end 14.8 new text begin commissioner of natural resources for a new text end 14.9 new text begin program to provide competitive, matching new text end 14.10 new text begin grants of up to $400,000 to local, regional, new text end 14.11 new text begin state, and national organizations for new text end 14.12 new text begin enhancing, restoring, or protecting forests, new text end 14.13 new text begin wetlands, prairies, and habitat for fish, game, new text end 14.14 new text begin or wildlife in Minnesota. Grants shall not new text end 14.15 new text begin be made for activities required to fulfill new text end 14.16 new text begin the duties of owners of lands subject to new text end 14.17 new text begin conservation easements. Grants shall not be new text end 14.18 new text begin made from appropriations in this paragraph new text end 14.19 new text begin for projects that have a total project cost new text end 14.20 new text begin exceeding $575,000. $366,000 of this new text end 14.21 new text begin appropriation may be spent for personnel new text end 14.22 new text begin costs and other direct and necessary new text end 14.23 new text begin administrative costs. Grantees may acquire new text end 14.24 new text begin land or interests in land. Easements must be new text end 14.25 new text begin permanent. Land acquired in fee must be new text end 14.26 new text begin open to hunting and fishing during the open new text end 14.27 new text begin season unless otherwise provided by state new text end 14.28 new text begin law. The program shall require a match of new text end 14.29 new text begin at least ten percent from nonstate sources new text end 14.30 new text begin for all grants. The match may be cash or new text end 14.31 new text begin in-kind resources. For grant applications new text end 14.32 new text begin of $25,000 or less, the commissioner shall new text end 14.33 new text begin provide a separate, simplified application new text end 14.34 new text begin process. Subject to Minnesota Statutes, the new text end 14.35 new text begin commissioner of natural resources shall, new text end 14.36 new text begin when evaluating projects of equal value, new text end 15.1 new text begin give priority to organizations that have a new text end 15.2 new text begin history of receiving or charter to receive new text end 15.3 new text begin private contributions for local conservation new text end 15.4 new text begin or habitat projects. If acquiring land or a new text end 15.5 new text begin conservation easement, priority shall be new text end 15.6 new text begin given to projects associated with existing new text end 15.7 new text begin wildlife management areas under Minnesota new text end 15.8 new text begin Statutes, section new text end new text begin , subdivision 8; new text end 15.9 new text begin scientific and natural areas under Minnesota new text end 15.10 new text begin Statutes, sections new text end new text begin and 86A.05, new text end 15.11 new text begin subdivision 5; and aquatic management areas new text end 15.12 new text begin under Minnesota Statutes, sections new text end new text begin , new text end 15.13 new text begin subdivision 14, and new text end new text begin . All restoration new text end 15.14 new text begin or enhancement projects must be on land new text end 15.15 new text begin permanently protected by a conservation new text end 15.16 new text begin easement or public ownership or in public new text end 15.17 new text begin waters as defined in Minnesota Statutes, new text end 15.18 new text begin section new text end new text begin , subdivision 15. Priority new text end 15.19 new text begin shall be given to restoration and enhancement new text end 15.20 new text begin projects on public lands. Minnesota Statutes, new text end 15.21 new text begin section new text end new text begin , subdivision 13, applies new text end 15.22 new text begin to grants awarded under this paragraph. new text end 15.23 new text begin This appropriation is available until June new text end 15.24 new text begin 30, 2016. No less than five percent of the new text end 15.25 new text begin amount of each grant must be held back from new text end 15.26 new text begin reimbursement until the grant recipient has new text end 15.27 new text begin completed a grant accomplishment report by new text end 15.28 new text begin the deadline and in the form prescribed by new text end 15.29 new text begin and satisfactory to the Lessard-Sams Outdoor new text end 15.30 new text begin Heritage Council. The commissioner shall new text end 15.31 new text begin provide notice of the grant program in new text end 15.32 new text begin the game and fish law summaries that are new text end 15.33 new text begin prepared under Minnesota Statutes, section new text end 15.34 new text begin , subdivision 2. new text end 15.35 new text begin Subd. 6. new text end new text begin Administration new text end new text begin -0- new text end new text begin 220,000 new text end 15.36 new text begin (a) new text end new text begin Contract Management new text end 16.1 new text begin $175,000 in the second year is to the new text end 16.2 new text begin commissioner of natural resources for new text end 16.3 new text begin contract management duties assigned in this new text end 16.4 new text begin section. The commissioner shall provide a new text end 16.5 new text begin work program in the form specified by the new text end 16.6 new text begin Lessard-Sams Outdoor Heritage Council new text end 16.7 new text begin on the expenditure of this appropriation. new text end 16.8 new text begin No money may be expended prior to new text end 16.9 new text begin Lessard-Sams Outdoor Heritage Council new text end 16.10 new text begin approval of the work program. new text end 16.11 new text begin (b) new text end new text begin Technical Evaluation Panel new text end 16.12 new text begin $45,000 in the second year is to the new text end 16.13 new text begin commissioner of natural resources for a new text end 16.14 new text begin technical evaluation panel to conduct up to new text end 16.15 new text begin ten restoration evaluations under Minnesota new text end 16.16 new text begin Statutes, section new text end new text begin , subdivision 10. new text end 16.17 new text begin Subd. 7. new text end new text begin Availability of Appropriation new text end 16.18 new text begin Money appropriated in this section may new text end 16.19 new text begin not be spent on activities unless they are new text end 16.20 new text begin directly related to and necessary for a new text end 16.21 new text begin specific appropriation and are specified in new text end 16.22 new text begin the accomplishment plan approved by the new text end 16.23 new text begin Lessard-Sams Outdoor Heritage Council. new text end 16.24 new text begin Money appropriated in this section must not new text end 16.25 new text begin be spent on indirect costs or other institutional new text end 16.26 new text begin overhead charges that are not directly related new text end 16.27 new text begin to and necessary for a specific appropriation. new text end 16.28 new text begin Unless otherwise provided, the amounts new text end 16.29 new text begin in this section are available until June 30, new text end 16.30 new text begin 2015, when projects must be completed and new text end 16.31 new text begin final accomplishments reported. Funds for new text end 16.32 new text begin restoration or enhancement are available new text end 16.33 new text begin until June 30, 2017, or four years after new text end 16.34 new text begin acquisition, whichever is later, in order to new text end 16.35 new text begin complete initial restoration or enhancement new text end 17.1 new text begin work. If a project receives federal funds, new text end 17.2 new text begin the time period of the appropriation is new text end 17.3 new text begin extended to equal the availability of federal new text end 17.4 new text begin funding. Funds appropriated for fee title new text end 17.5 new text begin acquisition of land may be used to restore, new text end 17.6 new text begin enhance, and provide for public use of the new text end 17.7 new text begin land acquired with the appropriation. Public new text end 17.8 new text begin use facilities must have a minimal impact new text end 17.9 new text begin on habitat in acquired lands. If the purchase new text end 17.10 new text begin price for a fee title acquisition funded with new text end 17.11 new text begin an appropriation in this article falls below new text end 17.12 new text begin the estimated purchase price contained in new text end 17.13 new text begin the approved accomplishment plan and no new text end 17.14 new text begin other acquisitions are listed in the approved new text end 17.15 new text begin accomplishment plan, the difference between new text end 17.16 new text begin the purchase price and the estimated purchase new text end 17.17 new text begin price is canceled and returned to the outdoor new text end 17.18 new text begin heritage fund. new text end 17.19 17.20 new text begin Subd. 8. new text end new text begin Payment Conditions and Capital new text end new text begin Equipment Expenditures new text end 17.21 new text begin All agreements referred to in this section must new text end 17.22 new text begin be administered on a reimbursement basis new text end 17.23 new text begin unless otherwise provided in this section. new text end 17.24 new text begin Notwithstanding Minnesota Statutes, section new text end 17.25 new text begin , expenditures directly related to each new text end 17.26 new text begin appropriation's purpose made on or after July new text end 17.27 new text begin 1, 2012, or the date of accomplishment plan new text end 17.28 new text begin approval, whichever is later, are eligible for new text end 17.29 new text begin reimbursement unless otherwise provided in new text end 17.30 new text begin this section. Periodic reimbursement must new text end 17.31 new text begin be made upon receiving documentation that new text end 17.32 new text begin the items articulated in the accomplishment new text end 17.33 new text begin plan approved by the Lessard-Sams Outdoor new text end 17.34 new text begin Heritage Council have been achieved, new text end 17.35 new text begin including partial achievements as evidenced new text end 17.36 new text begin by progress reports approved by the new text end 18.1 new text begin Lessard-Sams Outdoor Heritage Council. new text end 18.2 new text begin Reasonable amounts may be advanced to new text end 18.3 new text begin projects to accommodate cash flow needs, new text end 18.4 new text begin support future management of acquired new text end 18.5 new text begin lands, or match a federal share. The new text end 18.6 new text begin advances must be approved as part of the new text end 18.7 new text begin accomplishment plan. Capital equipment new text end 18.8 new text begin expenditures for specific items in excess of new text end 18.9 new text begin $10,000 must be itemized in and approved as new text end 18.10 new text begin part of the accomplishment plan. new text end 18.11    Sec. 3. new text begin [84.972] PRAIRIE AND GRASSLANDS PUBLIC GRAZING PROGRAM. new text end 18.12 new text begin The commissioner of natural resources shall establish a prairie and grasslands public new text end 18.13 new text begin grazing program. The commissioner shall enter into cooperative farming agreements new text end 18.14 new text begin or lease agreements with livestock owners to annually graze prairie and grasslands new text end 18.15 new text begin administered by the commissioner where grazing will enhance wildlife habitat, including new text end 18.16 new text begin management of invasive species. The commissioner shall establish a target of at least new text end 18.17 new text begin 50,000 acres of prairie and grasslands to be enrolled in the prairie and grasslands public new text end 18.18 new text begin grazing program. The commissioner shall maintain a list of lands grazed under the new text end 18.19 new text begin program describing the location, acreage, and years grazed. The program shall have a goal new text end 18.20 new text begin of being financially self-sufficient. Unless otherwise provided by law, revenues received new text end 18.21 new text begin under this section shall be deposited in the game and fish fund and are appropriated to the new text end 18.22 new text begin commissioner for purposes of the program. new text end 18.23    Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 18.24to read: 18.25     new text begin Subd. 12. new text end new text begin Accomplishment plans. new text end new text begin It is a condition of acceptance of money new text end 18.26 new text begin appropriated from the outdoor heritage fund that the agency or entity using the new text end 18.27 new text begin appropriation submits an accomplishment plan and periodic accomplishment reports new text end 18.28 new text begin to the Lessard-Sams Outdoor Heritage Council in the form determined by the council. new text end 18.29 new text begin The accomplishment plan must identify the project manager responsible for expending new text end 18.30 new text begin the appropriation and the final product. The accomplishment plan must account for new text end 18.31 new text begin the use of the appropriation and outcomes of the expenditure in measures of wetlands, new text end 18.32 new text begin prairies, forests, and fish, game, and wildlife habitat restored, protected, and enhanced. new text end 18.33 new text begin The plan must include an evaluation of results. If lands are acquired by fee with money new text end 18.34 new text begin from the outdoor heritage fund, the accomplishment plan must include a hunting and new text end 19.1 new text begin fishing management plan for the lands acquired by fee. No money appropriated from the new text end 19.2 new text begin outdoor heritage fund may be expended unless the council has approved the pertinent new text end 19.3 new text begin accomplishment plan. new text end 19.4    Sec. 5. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 19.5to read: 19.6     new text begin Subd. 13. new text end new text begin Project requirements. new text end new text begin (a) As a condition of accepting money new text end 19.7 new text begin appropriated from the outdoor heritage fund, an agency or entity receiving money from new text end 19.8 new text begin an appropriation must comply with this subdivision for any project funded in whole or new text end 19.9 new text begin in part with funds from the appropriation. new text end 19.10 new text begin (b) All conservation easements acquired with money appropriated from the outdoor new text end 19.11 new text begin heritage fund must: new text end 19.12 new text begin (1) be permanent; new text end 19.13 new text begin (2) specify the parties to the easement; new text end 19.14 new text begin (3) specify all of the provisions of an agreement that are permanent; new text end 19.15 new text begin (4) specify the habitat types and location being protected; new text end 19.16 new text begin (5) where appropriate for conservation or water protection outcomes, require the new text end 19.17 new text begin grantor to employ practices retaining water on the eased land as long as practicable; new text end 19.18 new text begin (6) specify the responsibilities of the parties for habitat enhancement and restoration new text end 19.19 new text begin and the associated costs of these activities; new text end 19.20 new text begin (7) be sent to the office of the Lessard-Sams Outdoor Heritage Council; new text end 19.21 new text begin (8) include a long-term stewardship plan and identify the sources and amount of new text end 19.22 new text begin funding for monitoring and enforcing the easement agreement; and new text end 19.23 new text begin (9) identify the parties responsible for monitoring and enforcing the easement new text end 19.24 new text begin agreement. new text end 19.25 new text begin (c) For all restorations, a recipient must prepare and retain an ecological restoration new text end 19.26 new text begin and management plan that, to the degree practicable, is consistent with current new text end 19.27 new text begin conservation science and ecological goals for the restoration site. Consideration should new text end 19.28 new text begin be given to soil, geology, topography, and other relevant factors that would provide the new text end 19.29 new text begin best chance for long-term success and durability of the restoration. The plan must include new text end 19.30 new text begin the proposed timetable for implementing the restoration, including, but not limited to, new text end 19.31 new text begin site preparation, establishment of diverse plant species, maintenance, and additional new text end 19.32 new text begin enhancement to establish the restoration; identify long-term maintenance and management new text end 19.33 new text begin needs of the restoration and how the maintenance, management, and enhancement will be new text end 19.34 new text begin financed; and use current conservation science to achieve the best restoration. new text end 20.1 new text begin (d) For new lands acquired, a recipient must prepare a restoration and management new text end 20.2 new text begin plan in compliance with paragraph (c), including identification of sufficient funding for new text end 20.3 new text begin implementation. new text end 20.4 new text begin (e) To ensure public accountability for the use of public funds, a recipient must new text end 20.5 new text begin provide to the Lessard-Sams Outdoor Heritage Council documentation of the process used new text end 20.6 new text begin to select parcels acquired in fee or as permanent conservation easements and must provide new text end 20.7 new text begin the council with documentation of all related transaction costs, including, but not limited new text end 20.8 new text begin to, appraisals, legal fees, recording fees, commissions, other similar costs, and donations. new text end 20.9 new text begin This information must be provided for all parties involved in the transaction. The recipient new text end 20.10 new text begin must also report to the Lessard-Sams Outdoor Heritage Council any difference between new text end 20.11 new text begin the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal, new text end 20.12 new text begin if a state-certified or state-reviewed appraisal was conducted. Acquisition data such as new text end 20.13 new text begin appraisals may remain private during negotiations but must ultimately be made public new text end 20.14 new text begin according to chapter 13. new text end 20.15 new text begin (f) Except as otherwise provided in the appropriation, all restoration and new text end 20.16 new text begin enhancement projects funded with money appropriated from the outdoor heritage fund new text end 20.17 new text begin must be on land permanently protected by a conservation easement or public ownership or new text end 20.18 new text begin in public waters as defined in section new text end new text begin , subdivision 15. new text end 20.19 new text begin (g) To the extent an appropriation is used to acquire an interest in real property, new text end 20.20 new text begin a recipient of an appropriation from the outdoor heritage fund must provide to the new text end 20.21 new text begin Lessard-Sams Outdoor Heritage Council and the commissioner of management and new text end 20.22 new text begin budget an analysis of increased operation and maintenance costs likely to be incurred by new text end 20.23 new text begin public entities as a result of the acquisition and of how the costs are to be paid. new text end 20.24 new text begin (h) A recipient of money appropriated from the outdoor heritage fund must give new text end 20.25 new text begin consideration to Conservation Corps Minnesota for possible use of the corps' services to new text end 20.26 new text begin contract for restoration and enhancement services. new text end 20.27 new text begin (i) A recipient of money appropriated from the outdoor heritage fund must erect new text end 20.28 new text begin signage according to Laws 2009, chapter 172, article 5, section 10. new text end 20.29    Sec. 6. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 20.30to read: 20.31     new text begin Subd. 14. new text end new text begin Purchase of recycled and recyclable materials. new text end new text begin A political subdivision, new text end 20.32 new text begin public or private corporation, or other entity that receives money appropriated from the new text end 20.33 new text begin outdoor heritage fund must use the money in compliance with sections new text end new text begin , regarding new text end 20.34 new text begin purchase of recycled, repairable, and durable materials, and new text end new text begin , regarding purchase new text end 20.35 new text begin and use of paper stock and printing. new text end 21.1    Sec. 7. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 21.2to read: 21.3     new text begin Subd. 15. new text end new text begin Land acquisition restrictions. new text end new text begin (a) An interest in real property, including, new text end 21.4 new text begin but not limited to, an easement or fee title, that is acquired with money appropriated new text end 21.5 new text begin from the outdoor heritage fund must be used in perpetuity or for the specific term of an new text end 21.6 new text begin easement interest for the purpose for which the appropriation was made. The ownership new text end 21.7 new text begin of the interest in real property transfers to the state if: (1) the holder of the interest in new text end 21.8 new text begin real property fails to comply with the terms and conditions of the grant agreement or new text end 21.9 new text begin accomplishment plan; or (2) restrictions are placed on the land that preclude its use for the new text end 21.10 new text begin intended purpose as specified in the appropriation. new text end 21.11 new text begin (b) A recipient of funding that acquires an interest in real property subject to this new text end 21.12 new text begin subdivision may not alter the intended use of the interest in real property or convey any new text end 21.13 new text begin interest in the real property acquired with the appropriation without the prior review and new text end 21.14 new text begin approval of the Lessard-Sams Outdoor Heritage Council or its successor. The council new text end 21.15 new text begin shall notify the chairs and ranking minority members of the legislative committees and new text end 21.16 new text begin divisions with jurisdiction over the outdoor heritage fund at least 15 business days before new text end 21.17 new text begin approval under this paragraph. The council shall establish procedures to review requests new text end 21.18 new text begin from recipients to alter the use of or convey an interest in real property. These procedures new text end 21.19 new text begin shall allow for the replacement of the interest in real property with another interest in real new text end 21.20 new text begin property meeting the following criteria: new text end 21.21 new text begin (1) the interest must be at least equal in fair market value, as certified by the new text end 21.22 new text begin commissioner of natural resources, to the interest being replaced; and new text end 21.23 new text begin (2) the interest must be in a reasonably equivalent location and have a reasonably new text end 21.24 new text begin equivalent useful conservation purpose compared to the interest being replaced, taking new text end 21.25 new text begin into consideration all effects from fragmentation of the whole habitat. new text end 21.26 new text begin (c) A recipient of funding who acquires an interest in real property under paragraph new text end 21.27 new text begin (a) must separately record a notice of funding restrictions in the appropriate local new text end 21.28 new text begin government office where the conveyance of the interest in real property is filed. The new text end 21.29 new text begin notice of funding agreement must contain: new text end 21.30 new text begin (1) a legal description of the interest in real property covered by the funding new text end 21.31 new text begin agreement; new text end 21.32 new text begin (2) a reference to the underlying funding agreement; new text end 21.33 new text begin (3) a reference to this section; and new text end 21.34 new text begin (4) the following statement: "This interest in real property shall be administered in new text end 21.35 new text begin accordance with the terms, conditions, and purposes of the grant agreement controlling the new text end 21.36 new text begin acquisition of the property. The interest in real property, or any portion of the interest in new text end 22.1 new text begin real property, shall not be sold, transferred, pledged, or otherwise disposed of or further new text end 22.2 new text begin encumbered without obtaining the prior written approval of the Lessard-Sams Outdoor new text end 22.3 new text begin Heritage Council or its successor. The ownership of the interest in real property transfers to new text end 22.4 new text begin the state if: (1) the holder of the interest in real property fails to comply with the terms and new text end 22.5 new text begin conditions of the grant agreement or accomplishment plan; or (2) restrictions are placed new text end 22.6 new text begin on the land that preclude its use for the intended purpose as specified in the appropriation." new text end 22.7    Sec. 8. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 22.8to read: 22.9     new text begin Subd. 16. new text end new text begin Real property interest report. new text end new text begin (a) By December 1 each year, a recipient new text end 22.10 new text begin of money appropriated from the outdoor heritage fund that is used for the acquisition of an new text end 22.11 new text begin interest in real property, including, but not limited to, an easement or fee title, must submit new text end 22.12 new text begin annual reports on the status of the real property to the Lessard-Sams Outdoor Heritage new text end 22.13 new text begin Council or its successor in a form determined by the council. If lands are acquired by fee new text end 22.14 new text begin with money from the outdoor heritage fund, the real property interest report must include new text end 22.15 new text begin a verification of the status of the hunting and fishing management plan for the lands new text end 22.16 new text begin acquired by fee. The responsibility for reporting under this subdivision may be transferred new text end 22.17 new text begin by the recipient of the appropriation to another person or entity that holds the interest in new text end 22.18 new text begin the real property. To complete the transfer of reporting responsibility, the recipient of new text end 22.19 new text begin the appropriation must: new text end 22.20 new text begin (1) inform the person to whom the responsibility is transferred of that person's new text end 22.21 new text begin reporting responsibility; new text end 22.22 new text begin (2) inform the person to whom the responsibility is transferred of the property new text end 22.23 new text begin restrictions under subdivision 15; and new text end 22.24 new text begin (3) provide written notice to the council of the transfer of reporting responsibility, new text end 22.25 new text begin including contact information for the person to whom the responsibility is transferred. new text end 22.26 new text begin (b) After the transfer, the person or entity that holds the interest in the real property new text end 22.27 new text begin is responsible for reporting requirements under this subdivision. new text end 22.28    Sec. 9. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 22.29to read: 22.30     new text begin Subd. 17. new text end new text begin Easement monitoring and enforcement requirements. new text end new text begin Money new text end 22.31 new text begin appropriated from the outdoor heritage fund for easement monitoring and enforcement new text end 22.32 new text begin may be spent only on activities included in an easement monitoring and enforcement new text end 22.33 new text begin plan contained within the accomplishment plan. Money received for monitoring and new text end 22.34 new text begin enforcement, including earnings on the money received, shall be kept in a monitoring new text end 23.1 new text begin and enforcement fund held by the organization and is appropriated for monitoring and new text end 23.2 new text begin enforcing conservation easements in the state. Within 120 days after the close of the new text end 23.3 new text begin entity's fiscal year, an entity receiving appropriations for easement monitoring and new text end 23.4 new text begin enforcement must provide an annual financial report to the Lessard-Sams Outdoor new text end 23.5 new text begin Heritage Council on the easement monitoring and enforcement fund as specified in the new text end 23.6 new text begin accomplishment plan. Money appropriated from the outdoor heritage fund for monitoring new text end 23.7 new text begin and enforcement of easements and earnings on the money appropriated shall revert new text end 23.8 new text begin to the state if: new text end 23.9 new text begin (1) the easement transfers to the state under subdivision 15; new text end 23.10 new text begin (2) the holder of the easement fails to file an annual report and then fails to cure that new text end 23.11 new text begin default within 30 days of notification of the default by the state; or new text end 23.12 new text begin (3) the holder of the easement fails to comply with the terms of the monitoring and new text end 23.13 new text begin enforcement plan contained within the accomplishment plan and fails to cure that default new text end 23.14 new text begin within 90 days of notification of the default by the state. new text end 23.15    Sec. 10. Minnesota Statutes 2010, section 97A.056, is amended by adding a 23.16subdivision to read: 23.17     new text begin Subd. 18. new text end new text begin Successor organizations. new text end new text begin The Lessard-Sams Outdoor Heritage Council new text end 23.18 new text begin may approve the continuation of a project with an organization that has adopted a new new text end 23.19 new text begin name. Continuation of a project with an organization that has undergone a significant new text end 23.20 new text begin change in mission, structure, or purpose requires: new text end 23.21 new text begin (1) notice to the chairs of the legislative committees and divisions with jurisdiction new text end 23.22 new text begin over the outdoor heritage fund; and new text end 23.23 new text begin (2) presentation by the council of proposed legislation either ratifying or rejecting new text end 23.24 new text begin continued involvement with the new organization. new text end 23.25    Sec. 11. Minnesota Statutes 2010, section 97A.056, is amended by adding a 23.26subdivision to read: 23.27     new text begin Subd. 19. new text end new text begin Fee title acquisitions; open to taking fish and game. new text end new text begin (a) Lands acquired new text end 23.28 new text begin by fee with money appropriated from the outdoor heritage fund that are held by the new text end 23.29 new text begin state must be open to the public taking of fish and game during the open season, unless new text end 23.30 new text begin otherwise provided by state law. new text end 23.31 new text begin (b) Lands acquired by fee with money appropriated from the outdoor heritage fund new text end 23.32 new text begin that are held by the United States Fish and Wildlife Service must be open to the public new text end 23.33 new text begin taking of fish and game during the open season according to the National Wildlife Refuge new text end 23.34 new text begin System Improvement Act, United States Code, title 16, section 668dd, et seq. new text end 24.1 new text begin (c) Except as provided in paragraph (b), lands acquired by fee with money new text end 24.2 new text begin appropriated from the outdoor heritage fund that are held by a nonstate entity must be open new text end 24.3 new text begin to the public taking of fish and game during the open season, unless otherwise prescribed new text end 24.4 new text begin by the commissioner of natural resources. new text end 24.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively to July 1, 2009. new text end 24.6    Sec. 12. Minnesota Statutes 2010, section 97A.056, is amended by adding a 24.7subdivision to read: 24.8     new text begin Subd. 20. new text end new text begin Pasture land. new text end new text begin (a) For the purposes of this subdivision, "pasture" means new text end 24.9 new text begin any prairie or grassland that had been actively grazed anytime during the ten-year period new text end 24.10 new text begin prior to acquisition and that is acquired in fee for wildlife management area purposes new text end 24.11 new text begin under section 86A.05, subdivision 8. new text end 24.12 new text begin (b) A recipient of money appropriated from the outdoor heritage fund that is used new text end 24.13 new text begin to acquire, in fee, more than 20 acres of pasture, as defined in paragraph (a), or other new text end 24.14 new text begin existing or restored prairie or grassland where grazing will be used as a wildlife habitat new text end 24.15 new text begin management tool shall: new text end 24.16 new text begin (1) maintain any existing fencing on the land consistent with a grazing management new text end 24.17 new text begin program; new text end 24.18 new text begin (2) install new perimeter fencing using funds from the outdoor heritage fund new text end 24.19 new text begin appropriation, unless perimeter fencing capable of containing livestock for grazing is new text end 24.20 new text begin already present; and new text end 24.21 new text begin (3) enter into an agreement or agreements with a livestock owner or owners to new text end 24.22 new text begin provide sufficient grazing of the pasture to enhance wildlife habitat, including management new text end 24.23 new text begin of invasive species. new text end 24.24 new text begin (c) The commissioner must annually report the location, acreage, and years grazed new text end 24.25 new text begin for land subject to this subdivision. new text end 24.26    Sec. 13. Laws 2011, First Special Session chapter 6, article 1, section 2, subdivision 9, 24.27is amended to read: 24.28 Subd. 9.Project Requirements24.29(a) As a condition of accepting an 24.30appropriation made under this section, an 24.31agency or entity receiving an appropriation 24.32must comply with this subdivision for any 25.1project funded in whole or in part with funds 25.2from the appropriation. 25.3(b) All conservation easements acquired with 25.4money appropriated under this section must: 25.5(1) be permanent; (2) specify the parties to 25.6the easement; (3) specify all of the provisions 25.7of an agreement that are permanent; (4) 25.8specify the habitat types and location 25.9being protected; (5) where appropriate for 25.10conservation or water protection outcomes, 25.11require the grantor to employ practices 25.12retaining water on the eased land as long as 25.13practicable; (6) specify the responsibilities 25.14of the parties for habitat enhancement and 25.15restoration and the associated costs of these 25.16activities; (7) be sent to the office of the 25.17Lessard-Sams Outdoor Heritage Council; (8) 25.18include a long-term stewardship plan and 25.19identify the sources and amount of funding 25.20for monitoring and enforcing the easement 25.21agreement; and (9) identify the parties 25.22responsible for monitoring and enforcing the 25.23easement agreement. 25.24(c) For all restorations, a recipient must 25.25prepare and retain an ecological restoration 25.26and management plan that, to the degree 25.27practicable, is consistent with current 25.28conservation science and ecological goals 25.29for the restoration site. Consideration should 25.30be given to soil, geology, topography, and 25.31other relevant factors that would provide 25.32the best chance for long-term success and 25.33durability of the restoration projects. The 25.34plan must include the proposed timetable for 25.35implementing the restoration, including, but 25.36not limited to, site preparation, establishment 26.1of diverse plant species, maintenance, and 26.2additional enhancement to establish the 26.3restoration; identify long-term maintenance 26.4and management needs of the restoration 26.5and how the maintenance, management, 26.6and enhancement will be financed; and use 26.7current conservation science to achieve the 26.8best restoration. 26.9(d) For new lands acquired, a recipient 26.10must prepare a restoration and management 26.11plan in compliance with paragraph (c), 26.12including identification of sufficient funding 26.13for implementation. 26.14(e) To ensure public accountability for the 26.15use of public funds, a recipient must provide 26.16to the Lessard-Sams Outdoor Heritage 26.17Council documentation of the process 26.18used to select parcels acquired in fee or as 26.19permanent conservation easements and must 26.20provide the council with documentation 26.21of all related transaction costs, including, 26.22but not limited to, appraisals, legal fees, 26.23recording fees, commissions, other similar 26.24costs, and donations. This information 26.25must be provided for all parties involved 26.26in the transaction. The recipient must 26.27also report to the Lessard-Sams Outdoor 26.28Heritage Council any difference between the 26.29acquisition amount paid to the seller and the 26.30state-certified or state-reviewed appraisal, if 26.31a state-certified or state-reviewed appraisal 26.32was conducted. Acquisition data such 26.33as appraisals may remain private during 26.34negotiations but must ultimately be made 26.35public according to Minnesota Statutes, 26.36chapter 13. 27.1(f) Except as otherwise provided in this 27.2section, all restoration and enhancement 27.3projects funded with money appropriated 27.4under this section must be on land 27.5permanently protected by a conservation 27.6easement or public ownership or in public 27.7waters as defined in Minnesota Statutes, 27.8section 103G.005, subdivision 15. 27.9(g) To the extent an appropriation is used to 27.10acquire an interest in real property, a recipient 27.11of an appropriation under this section must 27.12provide to the Lessard-Sams Outdoor 27.13Heritage Council and the commissioner 27.14of management and budget an analysis of 27.15increased operations and maintenance costs 27.16likely to be incurred by public entities as 27.17a result of the acquisition and of how these 27.18costs are to be paid. 27.19(h) A recipient of money from an 27.20appropriation under this section must give 27.21consideration to and make timely written 27.22contact with Conservation Corps Minnesota 27.23for possible use of the corps' services to 27.24contract for restoration and enhancement 27.25services. A copy of the written contact 27.26must be filed with the Lessard-Sams 27.27Outdoor Heritage Council within 15 days of 27.28execution. 27.29(i) A recipient of money under this section 27.30must erect signage according to Laws 2009, 27.31chapter 172, article 5, section 10. 27.32    Sec. 14. new text begin LEGACY FUNDING REQUIREMENTS APPLY. new text end 27.33 new text begin Each direct recipient of money appropriated in this article, as well as each new text end 27.34 new text begin recipient of a grant awarded pursuant to this article, must satisfy all reporting and other new text end 28.1 new text begin requirements incumbent upon legacy funding recipients as provided in Laws 2011, First new text end 28.2 new text begin Special Session chapter 6, article 5. new text end 28.3ARTICLE 2 28.4CLEAN WATER FUND 28.5    Section 1. Minnesota Statutes 2011 Supplement, section 114D.30, subdivision 4, is 28.6amended to read: 28.7    Subd. 4. Terms; compensation; removal. The terms of members representing the 28.8state agencies and the Metropolitan Council are four years and are coterminous with the 28.9governor. The terms of other nonlegislative members of the council shall be as provided 28.10in section 15.059, subdivision 2. Members may serve until their successors are appointed 28.11and qualify. Compensation and removal of nonlegislative council members is as provided 28.12in section 15.059, subdivisions 3 and 4. Compensation of legislative members is as 28.13determined by the appointing authority. new text begin The Pollution Control Agency may reimburse new text end 28.14 new text begin legislative members for expenses. new text end A vacancy on the council may be filled by the 28.15appointing authority provided in subdivision 1 for the remainder of the unexpired term. 28.16    Sec. 2. Laws 2009, chapter 172, article 2, section 4, as amended by Laws 2010, chapter 28.17361, article 2, section 2, and Laws 2011, First Special Session chapter 6, article 2, section 28.1823, is amended to read: 28.19 Sec. 4. POLLUTION CONTROL AGENCY$24,076,000$27,630,00028.20(a) $9,000,000 the first year and $9,000,000 28.21the second year are to develop total 28.22maximum daily load (TMDL) studies and 28.23TMDL implementation plans for waters 28.24listed on the United States Environmental 28.25Protection Agency approved impaired 28.26waters list in accordance with Minnesota 28.27Statutes, chapter 114D. The agency shall 28.28complete an average of ten percent of the 28.29TMDLs each year over the biennium. Of 28.30this amount, $348,000 the first year is to 28.31retest the comprehensive assessment of the 28.32biological conditions of the lower Minnesota 28.33River and its tributaries within the Lower 29.1Minnesota River Major Watershed, as 29.2previously assessed from 1976 to 1992 under 29.3the Minnesota River Assessment Project 29.4(MRAP). The assessment must include the 29.5same fish species sampling at the same 116 29.6locations and the same macroinvertebrate 29.7sampling at the same 41 locations as the 29.8MRAP assessment. The assessment must: 29.9(1) include an analysis of the findings; and 29.10(2) identify factors that limit aquatic life in 29.11the Minnesota River. 29.12Of this amount, $250,000 the first year is 29.13for a pilot project for the development of 29.14total maximum daily load (TMDL) studies 29.15conducted on a watershed basis within 29.16the Buffalo River watershed in order to 29.17protect, enhance, and restore water quality 29.18in lakes, rivers, and streams. The pilot 29.19project shall include all necessary field 29.20work to develop TMDL studies for all 29.21impaired subwatersheds within the Buffalo 29.22River watershed and provide information 29.23necessary to complete reports for most of the 29.24remaining watersheds, including analysis of 29.25water quality data, identification of sources 29.26of water quality degradation and stressors, 29.27load allocation development, development 29.28of reports that provide protection plans 29.29for subwatersheds that meet water quality 29.30standards, and development of reports that 29.31provide information necessary to complete 29.32TMDL studies for subwatersheds that do not 29.33meet water quality standards, but are not 29.34listed as impaired. 30.1(b) $500,000 the first year is for development 30.2of an enhanced TMDL database to manage 30.3and track progress. Of this amount, $63,000 30.4the first year is to promulgate rules. By 30.5November 1, 2010, the commissioner shall 30.6submit a report to the chairs of the house of 30.7representatives and senate committees with 30.8jurisdiction over environment and natural 30.9resources finance on the outcomes achieved 30.10with this appropriation. 30.11(c) $1,500,000 the first year and $3,169,000 30.12the second year are for grants under 30.13Minnesota Statutes, section 116.195, to 30.14political subdivisions for up to 50 percent of 30.15the costs to predesign, design, and implement 30.16capital projects that use storm water or 30.17treated municipal wastewater instead of 30.18groundwater from drinking water aquifers, 30.19in order to demonstrate the beneficial use 30.20of wastewater or storm water, including 30.21the conservation and protection of water 30.22resources. new text begin Notwithstanding Minnesota new text end 30.23 new text begin Statutes, section 116.195, new text end of this amount, 30.24$1,000,000 the first year is for grants to 30.25ethanol plants that are within one and 30.26one-half miles of a city for improvements 30.27that use storm water or reuse greater than 30.28300,000 gallons of wastewater per day. new text begin 80 new text end 30.29 new text begin percent of the costs to predesign, design, new text end 30.30 new text begin and implement capital improvements that new text end 30.31 new text begin use storm water, reuse greater than 300,000 new text end 30.32 new text begin gallons of wastewater per day, or use new text end 30.33 new text begin innovative technology that utilizes effluent new text end 30.34 new text begin from a commercial water-treatment system new text end 30.35 new text begin in order to reduce the use of groundwater. new text end 30.36 new text begin A grant awarded under this paragraph shall new text end 31.1 new text begin not be used to directly address existing or new text end 31.2 new text begin projected deficiencies in performance in new text end 31.3 new text begin order to meet state or federal environmental new text end 31.4 new text begin regulatory requirements. new text end This appropriation 31.5is available until June 30, 2016. 31.6(d) $1,125,000 the first year and $1,125,000 31.7the second year are for groundwater 31.8assessment and drinking water protection to 31.9include: 31.10(1) the installation and sampling of at least 31.1130 new monitoring wells; 31.12(2) the analysis of samples from at least 40 31.13shallow monitoring wells each year for the 31.14presence of endocrine disrupting compounds; 31.15and 31.16(3) the completion of at least four to 31.17five groundwater models for TMDL and 31.18watershed plans. 31.19(e) $2,500,000 the first year is for the clean 31.20water partnership program. Priority shall be 31.21given to projects preventing impairments and 31.22degradation of lakes, rivers, streams, and 31.23groundwater in accordance with Minnesota 31.24Statutes, section 114D.20, subdivision 2, 31.25clause (4). Any balance remaining in the first 31.26year does not cancel and is available for the 31.27second year. 31.28(f) $896,000 the first year is to establish 31.29a network of water monitoring sites, to 31.30include at least 20 additional sites, in public 31.31waters adjacent to wastewater treatment 31.32facilities across the state to assess levels of 31.33endocrine-disrupting compounds, antibiotic 31.34compounds, and pharmaceuticals as required 32.1in this article. The data must be placed on 32.2the agency's Web site. 32.3(g) $155,000 the first year is to provide 32.4notification of the potential for coal tar 32.5contamination, establish a storm water 32.6pond inventory schedule, and develop best 32.7management practices for treating and 32.8cleaning up contaminated sediments as 32.9required in this article. $490,000 the second 32.10year is to provide grants to local units of 32.11government for up to 50 percent of the costs 32.12to implement best management practices to 32.13treat or clean up contaminated sediments 32.14in storm water ponds and other waters as 32.15defined under this article. Local governments 32.16must have adopted an ordinance for the 32.17restricted use of undiluted coal tar sealants 32.18in order to be eligible for a grant, unless a 32.19statewide restriction has been implemented. 32.20A grant awarded under this paragraph must 32.21not exceed $100,000. Up to $145,000 of the 32.22appropriation in the second year may be used 32.23to complete work required under section 28, 32.24paragraph (c). 32.25(h) $350,000 the first year and $600,000 the 32.26second year are for a restoration project in 32.27the lower St. Louis River and Duluth harbor 32.28in order to improve water quality. This 32.29appropriation must be matched by nonstate 32.30money at a rate of at least $2 for every $1 of 32.31state money. 32.32(i) $150,000 the first year and $196,000 the 32.33second year are for grants to the Red River 32.34Watershed Management Board to enhance 32.35and expand existing river watch activities in 33.1the Red River of the North. The Red River 33.2Watershed Management Board shall provide 33.3a report that includes formal evaluation 33.4results from the river watch program to the 33.5commissioners of education and the Pollution 33.6Control Agency and to the legislative natural 33.7resources finance and policy committees 33.8and K-12 finance and policy committees by 33.9February 15, 2011. 33.10(j) $200,000 the first year and $300,000 the 33.11second year are for coordination with the 33.12state of Wisconsin and the National Park 33.13Service on comprehensive water monitoring 33.14and phosphorus reduction activities in the 33.15Lake St. Croix portion of the St. Croix 33.16River. The Pollution Control Agency 33.17shall work with the St. Croix Basin Water 33.18Resources Planning Team and the St. Croix 33.19River Association in implementing the 33.20water monitoring and phosphorus reduction 33.21activities. This appropriation is available 33.22to the extent matched by nonstate sources. 33.23Money not matched by November 15, 2010, 33.24cancels for this purpose and is available for 33.25the purposes of paragraph (a). 33.26(k) $7,500,000 the first year and $7,500,000 33.27the second year are for completion of 20 33.28percent of the needed statewide assessments 33.29of surface water quality and trends. Of this 33.30amount, $175,000 the first year and $200,000 33.31the second year are for monitoring and 33.32analyzing endocrine disruptors in surface 33.33waters. 33.34(l) $100,000 the first year and $150,000 33.35the second year are for civic engagement 34.1in TMDL development. The agency shall 34.2develop a plan for expenditures under 34.3this paragraph. The agency shall give 34.4consideration to civic engagement proposals 34.5from basin or sub-basin organizations, 34.6including the Mississippi Headwaters Board, 34.7the Minnesota River Joint Powers Board, 34.8Area II Minnesota River Basin Projects, 34.9and the Red River Basin Commission. 34.10By November 15, 2009, the plan shall be 34.11submitted to the house and senate chairs 34.12and ranking minority members of the 34.13environmental finance divisions. 34.14(m) $5,000,000 the second year is for 34.15groundwater protection or prevention of 34.16groundwater degradation activities. By 34.17January 15, 2010, the commissioner, in 34.18consultation with the commissioner of 34.19natural resources, the Board of Water and 34.20Soil Resources, and other agencies, shall 34.21submit a report to the chairs of the house of 34.22representatives and senate committees with 34.23jurisdiction over the clean water fund on the 34.24intended use of these funds. The legislature 34.25must approve expenditure of these funds by 34.26law. 34.27Notwithstanding Minnesota Statutes, section 34.2816A.28 , the appropriations encumbered on or 34.29before June 30, 2011, as grants or contracts in 34.30this section are available until June 30, 2013. 34.31    Sec. 3. Laws 2011, First Special Session chapter 6, article 2, section 7, is amended to 34.32read: 34.33 34.34 Sec. 7. BOARD OF WATER AND SOIL RESOURCES$27,534,000$27,534,000 new text begin 31,734,000 new text end 35.1(a) $13,750,000 the first year and 35.2$13,750,000 new text begin $15,350,000 new text end the second year are 35.3for pollution reduction and restoration grants 35.4to local government units and joint powers 35.5organizations of local government units to 35.6protect surface water and drinking water; to 35.7keep water on the land; to protect, enhance, 35.8and restore water quality in lakes, rivers, 35.9and streams; and to protect groundwater 35.10and drinking water, including feedlot water 35.11quality and subsurface sewage treatment 35.12system (SSTS) projects and stream bank, 35.13stream channel, and shoreline restoration 35.14projects. The projects must be of long-lasting 35.15public benefit, include a match, and be 35.16consistent with TMDL implementation plans 35.17or local water management plans. 35.18(b) $3,000,000 the first year and $3,000,000 new text begin new text end 35.19 new text begin $3,600,000 new text end the second year are for targeted 35.20local resource protection and enhancement 35.21grants. The board shall give priority 35.22consideration to projects and practices 35.23that complement, supplement, or exceed 35.24current state standards for protection, 35.25enhancement, and restoration of water 35.26quality in lakes, rivers, and streams or that 35.27protect groundwater from degradation. Of 35.28this amount, at least $1,500,000 each year is 35.29for county SSTS implementation. 35.30(c) $900,000 the first year and $900,000 new text begin new text end 35.31 new text begin $1,200,000 new text end the second year are to 35.32provide state oversight and accountability, 35.33evaluate results, and new text begin develop an electronic new text end 35.34 new text begin system to new text end measure new text begin and track new text end the value of 35.35conservation program implementation by 35.36local governments, including submission 36.1to the legislature by March 1 each year 36.2an annual report prepared by the board, 36.3in consultation with the commissioners of 36.4natural resources, health, agriculture, and 36.5the Pollution Control Agency, detailing the 36.6recipients and projects funded under this 36.7section. The board shall require grantees to 36.8specify the outcomes that will be achieved 36.9by the grants prior to any grant awards. 36.10(d) $1,000,000 the first year and $1,000,000 new text begin new text end 36.11 new text begin $1,700,000 new text end the second year are for technical 36.12assistance and grants for the conservation 36.13drainage program in consultation with 36.14the Drainage Work Group, created under 36.15Minnesota Statutes, section 103B.101, 36.16subdivision 13 , that consists of projects to 36.17retrofit existing new text begin or supplement new text end drainage 36.18systems with water quality improvement 36.19practices, evaluate outcomes, and provide 36.20outreach to landowners, public drainage 36.21authorities, drainage engineers and 36.22contractors, and others. new text begin The board shall new text end 36.23 new text begin coordinate practice standards with the new text end 36.24 new text begin Natural Resources Conservation Service of new text end 36.25 new text begin the United States Department of Agriculture new text end 36.26 new text begin and seek to leverage federal funds as new text end 36.27 new text begin part of conservation drainage program new text end 36.28 new text begin implementation. new text end 36.29(e) $6,000,000 the first year and $6,000,000 36.30the second year are to purchase and restore 36.31permanent conservation easements on 36.32riparian buffers adjacent to public waters, 36.33excluding wetlands, to keep water on the 36.34land in order to decrease sediment, pollutant, 36.35and nutrient transport; reduce hydrologic 36.36impacts to surface waters; and increase 37.1infiltration for groundwater recharge. The 37.2riparian buffers must be at least 50 feet 37.3unless there is a natural impediment, a road, 37.4or other impediment beyond the control 37.5of the landowner. This appropriation may 37.6be used for restoration of riparian buffers 37.7protected by easements purchased with 37.8this appropriation and for stream bank 37.9restorations when the riparian buffers have 37.10been restored. 37.11(f) $1,300,000 the first year and $1,300,000 new text begin new text end 37.12 new text begin $2,300,000 new text end the second year are for 37.13permanent conservation easements on 37.14wellhead protection areas under Minnesota 37.15Statutes, section 103F.515, subdivision 2, 37.16paragraph (d). Priority must be placed on 37.17land that is located where the vulnerability 37.18of the drinking water supply is designated 37.19as high or very high by the commissioner 37.20of health. new text begin The board shall coordinate new text end 37.21 new text begin with the United States Geological Survey, new text end 37.22 new text begin the commissioners of health and natural new text end 37.23 new text begin resources, and local communities contained new text end 37.24 new text begin in the Decorah and St. Lawrence Edge areas new text end 37.25 new text begin of Winona, Goodhue, Olmsted, and Wabasha new text end 37.26 new text begin Counties to obtain easements in identified new text end 37.27 new text begin areas as having the most vulnerability to new text end 37.28 new text begin groundwater contamination. new text end 37.29(g) $1,500,000 the first year and $1,500,000 37.30the second year are for community partners 37.31grants to local units of government for: 37.32(1) structural or vegetative management 37.33practices that reduce storm water runoff 37.34from developed or disturbed lands to reduce 37.35the movement of sediment, nutrients, and 37.36pollutants for restoration, protection, or 38.1enhancement of water quality in lakes, rivers, 38.2and streams and to protect groundwater 38.3and drinking water; and (2) installation 38.4of proven and effective water retention 38.5practices including, but not limited to, rain 38.6gardens and other vegetated infiltration 38.7basins and sediment control basins in order 38.8to keep water on the land. The projects 38.9must be of long-lasting public benefit, 38.10include a local match, and be consistent with 38.11TMDL implementation plans or local water 38.12management plans. Local government unit 38.13staff and administration costs may be used 38.14as a match. 38.15(h) $84,000 the first year and $84,000 the 38.16second year are for a technical evaluation 38.17panel to conduct up to ten restoration 38.18evaluations under Minnesota Statutes, 38.19section 114D.50, subdivision 6. 38.20(i) The board shall contract for services 38.21with Conservation Corps Minnesota for 38.22restoration, maintenance, and other activities 38.23under this section for $500,000 the first year 38.24and $500,000 the second year. 38.25(j) The board may shift grant or cost-share 38.26funds in this section and may adjust the 38.27technical and administrative assistance 38.28portion of the funds to leverage federal or 38.29other nonstate funds or to address oversight 38.30responsibilities or high-priority needs 38.31identified in local water management plans. 38.32(k) The appropriations in this section are 38.33available until June 30, 2016. 38.34    Sec. 4. new text begin AQUATIC INVASIVE SPECIES; APPROPRIATION. new text end 39.1 new text begin (a) $2,200,000 in fiscal year 2013 is appropriated from the clean water fund to new text end 39.2 new text begin the Board of Regents of the University of Minnesota for research, in consultation with new text end 39.3 new text begin other institutions of higher learning in Minnesota, on aquatic invasive species that new text end 39.4 new text begin threaten or have the potential to threaten the water quality of the state's lakes, rivers, and new text end 39.5 new text begin streams. With the approval of the Board of Regents of the University of Minnesota, new text end 39.6 new text begin the appropriation shall fund the following within the College of Food, Agricultural and new text end 39.7 new text begin Natural Resource Sciences' Department of Fisheries, Wildlife and Conservation Biology: new text end 39.8 new text begin (1) three research assistant professors with three different focus areas, to include new text end 39.9 new text begin environmental DNA, zebra mussels, and fish ecology; new text end 39.10 new text begin (2) one fish care technician; new text end 39.11 new text begin (3) five graduate students within the Department of Fisheries, Wildlife and new text end 39.12 new text begin Conservation Biology; and new text end 39.13 new text begin (4) up to $1,050,000 in equipment necessary for the research activities under this new text end 39.14 new text begin paragraph. new text end 39.15 new text begin (b) This is a onetime appropriation and is available until June 30, 2018. new text end 39.16    Sec. 5. new text begin LEGACY FUNDING REQUIREMENTS APPLY. new text end 39.17 new text begin All appropriations in this article are onetime and are subject to the requirements new text end 39.18 new text begin and availability provisions provided under Laws 2011, First Special Session chapter 6, new text end 39.19 new text begin articles 2 and 5. Each direct recipient of money appropriated in this article, as well as each new text end 39.20 new text begin recipient of a grant awarded pursuant to this article, must satisfy all reporting and other new text end 39.21 new text begin requirements incumbent upon legacy funding recipients as provided in Laws 2011, First new text end 39.22 new text begin Special Session chapter 6, articles 2 and 5. new text end 39.23ARTICLE 3 39.24PARKS AND TRAILS FUND 39.25    Section 1. Laws 2009, chapter 172, article 3, section 3, is amended to read: 39.26 Sec. 3. METROPOLITAN COUNCIL$12,641,000$15,140,00039.27(a) $12,641,000 the first year and 39.28$15,140,000 the second year are from the 39.29parks and trails fund to be distributed as 39.30required under new Minnesota Statutes, 39.31section 85.535, subdivision 3, except that 39.32of this amount, $40,000 the first year is for 39.33a grant to Hennepin County to plant trees 40.1along the Victory Memorial Parkway. new text begin For new text end 40.2 new text begin acquisition of an interest in real property, new text end 40.3 new text begin appropriations under this section are new text end 40.4 new text begin available until June 30, 2013. new text end 40.5(b) The Metropolitan Council shall submit 40.6a report on the expenditure and use of 40.7money appropriated under this section to 40.8the legislature as provided in Minnesota 40.9Statutes, section 3.195, by March 1 of each 40.10year. The report must detail the outcomes in 40.11terms of additional use of parks and trails 40.12resources, user satisfaction surveys, and 40.13other appropriate outcomes. 40.14(c) Grant agreements entered into by the 40.15Metropolitan Council and recipients of 40.16money appropriated under this section shall 40.17ensure that the funds are used to supplement 40.18and not substitute for traditional sources of 40.19funding. 40.20(d) The implementing agencies receiving 40.21appropriations under this section shall 40.22give consideration to contracting with the 40.23Minnesota Conservation Corps for contract 40.24restoration, maintenance, and other activities. 40.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 40.26ARTICLE 4 40.27ARTS AND CULTURAL HERITAGE FUND 40.28    Section 1. Minnesota Statutes 2010, section 16B.98, subdivision 5, is amended to read: 40.29    Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is 40.30not valid and the state is not bound by the grant unless: 40.31    (1) the grant has been executed by the head of the agency or a delegate who is 40.32party to the grant; and 41.1    (2) the accounting system shows an encumbrance for the amount of the grant in 41.2accordance with policy approved by the commissioner. new text begin ; and new text end 41.3 new text begin (3) the grant agreement includes an effective date that references either section new text end 41.4 new text begin 16C.05, subdivision 2, or 16B.98, subdivisions 5 and 7, as determined by the granting new text end 41.5 new text begin agency. new text end 41.6    (b) The combined grant agreement and amendments must not exceed five years 41.7without specific, written approval by the commissioner according to established policy, 41.8procedures, and standards, or unless the commissioner determines that a longer duration is 41.9in the best interest of the state. 41.10    (c) A fully executed copy of the grant agreement with all amendments and other 41.11required records relating to the grant must be kept on file at the granting agency for a time 41.12equal to that required of grantees in subdivision 8. 41.13    (d) Grant agreements must comply with policies established by the commissioner 41.14for minimum grant agreement standards and practices. 41.15    (e) The attorney general may periodically review and evaluate a sample of state 41.16agency grants to ensure compliance with applicable laws. 41.17    Sec. 2. Minnesota Statutes 2010, section 16B.98, subdivision 7, is amended to read: 41.18    Subd. 7. Grant payments. Payments to the grantee may not be issued until the 41.19grant agreement is fully executed. new text begin Encumbrances for grants issued by June 30 may be new text end 41.20 new text begin certified for a period of one year beyond the year in which the funds were originally new text end 41.21 new text begin appropriated as provided by section 16A.28, subdivision 6. new text end 41.22    Sec. 3. Minnesota Statutes 2010, section 116U.26, is amended to read: 41.23116U.26 FILM PRODUCTION JOBS PROGRAM. 41.24    (a) The film production jobs program is created. The program shall be operated 41.25by the Minnesota Film and TV Board with administrative oversight and control by the 41.26director of Explore Minnesota Tourism new text begin commissioner of administration new text end . The program 41.27shall make payment to producers of feature films, national television or Internet programs, 41.28documentaries, music videos, and commercials that directly create new film jobs in 41.29Minnesota. To be eligible for a payment, a producer must submit documentation to the 41.30Minnesota Film and TV Board of expenditures for production costs incurred in Minnesota 41.31that are directly attributable to the production in Minnesota of a film product. 41.32    The Minnesota Film and TV Board shall make recommendations to the director of 41.33Explore Minnesota Tourism new text begin commissioner of administration new text end about program payment, but 41.34the director new text begin commissioner new text end has the authority to make the final determination on payments. 42.1The director's new text begin commissioner's new text end determination must be based on proper documentation of 42.2eligible production costs submitted for payments. No more than five percent of the funds 42.3appropriated for the program in any year may be expended for administration. 42.4    (b) For the purposes of this section: 42.5    (1) "production costs" means the cost of the following: 42.6    (i) a story and scenario to be used for a film; 42.7    (ii) salaries of talent, management, and labor, including payments to personal 42.8services corporations for the services of a performing artist; 42.9    (iii) set construction and operations, wardrobe, accessories, and related services; 42.10    (iv) photography, sound synchronization, lighting, and related services; 42.11    (v) editing and related services; 42.12    (vi) rental of facilities and equipment; or 42.13    (vii) other direct costs of producing the film in accordance with generally accepted 42.14entertainment industry practice; and 42.15    (2) "film" means a feature film, television or Internet show, documentary, music 42.16video, or television commercial, whether on film, video, or digital media. Film does not 42.17include news, current events, public programming, or a program that includes weather 42.18or market reports; a talk show; a production with respect to a questionnaire or contest; a 42.19sports event or sports activity; a gala presentation or awards show; a finished production 42.20that solicits funds; or a production for which the production company is required under 42.21United States Code, title 18, section 2257, to maintain records with respect to a performer 42.22portrayed in a single-media or multimedia program. 42.23    (c) Notwithstanding any other law to the contrary, the Minnesota Film and TV Board 42.24may make reimbursements of: (1) up to 20 percent of film production costs for films that 42.25locate production outside the metropolitan area, as defined in section 473.121, subdivision 42.262, or that incur production costs in excess of $5,000,000 in the metropolitan area within 42.27a 12-month period; or (2) up to 15 percent of film production costs for films that incur 42.28production costs of $5,000,000 or less in the metropolitan area within a 12-month period. 42.29    Sec. 4. Laws 2011, First Special Session chapter 6, article 4, section 2, subdivision 5, 42.30is amended to read: 42.31 42.32 Subd. 5.Minnesota Historical Society 12,050,000 12,050,000 new text begin 12,950,000 new text end 42.33These amounts are appropriated to the 42.34governing board of the Minnesota Historical 42.35Society to preserve and enhance access to 43.1Minnesota's history and its cultural and 43.2historical resources. Grant agreements 43.3entered into by the Minnesota Historical 43.4Society and other recipients of appropriations 43.5in this subdivision shall ensure that 43.6these funds are used to supplement and 43.7not substitute for traditional sources of 43.8funding. Funds directly appropriated to the 43.9Minnesota Historical Society shall be used to 43.10supplement, and not substitute for, traditional 43.11sources of funding. Notwithstanding 43.12Minnesota Statutes, section 16A.28, for 43.13historic preservation projects that improve 43.14historic structures, the amounts are available 43.15until June 30, 2015. 43.16Statewide Historic and Cultural Grants. 43.17$5,250,000 the first year and $5,250,000 new text begin new text end 43.18 new text begin $5,450,000 new text end the second year are for history 43.19programs and projects operated or conducted 43.20by or through local, county, regional, or 43.21other historical or cultural organizations; or 43.22for activities to preserve significant historic 43.23and cultural resources. Funds are to be 43.24distributed through a competitive grants 43.25process. The Minnesota Historical Society 43.26shall administer these funds using established 43.27grants mechanisms, with assistance from 43.28the advisory committee created under Laws 43.292009, chapter 172, article 4, section 2, 43.30subdivision 4, paragraph (b), item (ii). 43.31Programs. $4,800,000 the first year and 43.32$4,800,000 new text begin $5,200,000 new text end the second year are 43.33for programs and purposes related to the 43.34historical and cultural heritage of the state 43.35of Minnesota, conducted by the Minnesota 43.36Historical Society. 44.1History Partnerships. $1,500,000 the first 44.2year and $1,500,000 new text begin $1,700,000 new text end the second 44.3year are for partnerships involving multiple 44.4organizations, which may include the 44.5Minnesota Historical Society, to preserve and 44.6enhance access to Minnesota's history and 44.7cultural heritage in all regions of the state. 44.8Statewide Survey of Historical and 44.9Archaeological Sites. $250,000 the first 44.10year and $250,000 the second year are 44.11for a contract or contracts to be let on a 44.12competitive basis to conduct statewide 44.13surveys of Minnesota's sites of historical, 44.14archaeological, and cultural significance. 44.15Results of this survey must be published in 44.16a searchable form, available to the public on 44.17a cost-free basis. The Minnesota Historical 44.18Society, the Office of the State Archaeologist, 44.19and the Indian Affairs Council shall each 44.20appoint a representative to an oversight 44.21board to select contractors and direct the 44.22conduct of these surveys. The oversight 44.23board shall consult with the Departments of 44.24Transportation and Natural Resources. 44.25Digital Library. $250,000 the first year and 44.26$250,000 the second year are for a digital 44.27library project to preserve, digitize, and share 44.28Minnesota images, documents, and historical 44.29materials. The Minnesota Historical Society 44.30shall cooperate with the Minitex interlibrary 44.31loan system and shall jointly share this 44.32appropriation for these purposes. 44.33 new text begin Commemoration Activities. new text end new text begin $100,000 new text end 44.34 new text begin the second year is for activities that new text end 44.35 new text begin commemorate the sesquicentennial of new text end 45.1 new text begin the American Civil War and the Dakota new text end 45.2 new text begin Conflict, as recommended by the Civil War new text end 45.3 new text begin Commemoration Task Force established in new text end 45.4 new text begin Executive Order 11-15 (2011). new text end 45.5    Sec. 5. new text begin COMMEMORATION PROGRAMMING; APPROPRIATION. new text end 45.6 new text begin $80,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund new text end 45.7 new text begin to the commissioner of administration for grants to public broadcasting organizations to new text end 45.8 new text begin develop programming that commemorates the sesquicentennial of the American Civil War new text end 45.9 new text begin and the Dakota Conflict. This appropriation is divided as follows: new text end 45.10 new text begin (1) $15,000 is for a grant to Minnesota Public Radio; new text end 45.11 new text begin (2) $15,000 is for a grant to the Association of Minnesota Public Educational Radio new text end 45.12 new text begin Stations; and new text end 45.13 new text begin (3) $50,000 is for a grant to Twin Cities Public Television to complete production new text end 45.14 new text begin of two historic documentaries and to develop an educational Web site that provides new text end 45.15 new text begin Minnesota educators and students with access to documentary content, video segments, new text end 45.16 new text begin and lesson guides. Notwithstanding Minnesota Statutes, section 129D.17, subdivision 2, new text end 45.17 new text begin paragraph (f), Twin Cities Public Television may spend a portion of this appropriation for new text end 45.18 new text begin travel and filming outside of Minnesota. new text end 45.19    Sec. 6. new text begin FILM PRODUCTION INCENTIVE PROGRAM; APPROPRIATION. new text end 45.20 new text begin $600,000 is appropriated in fiscal year 2013 from the arts and cultural heritage new text end 45.21 new text begin fund to the commissioner of administration for a grant to the Independent Feature new text end 45.22 new text begin Project/Minnesota for a new film production incentive program. The Independent new text end 45.23 new text begin Feature Project/Minnesota shall reimburse film producers for eligible production costs new text end 45.24 new text begin incurred to produce a film or documentary in Minnesota. Eligible production costs are new text end 45.25 new text begin expenditures incurred in Minnesota that are directly attributable to the production of a new text end 45.26 new text begin film or documentary in Minnesota. Eligible production costs include talent, management, new text end 45.27 new text begin labor, set construction and operation, wardrobe, sound synchronization, lighting, editing, new text end 45.28 new text begin rental facilities and equipment, and other direct costs of producing a film or documentary new text end 45.29 new text begin in accordance with generally accepted entertainment industry practices. A producer new text end 45.30 new text begin must agree, to the greatest extent possible, to procure all eligible production inputs new text end 45.31 new text begin in Minnesota. A producer must submit proper documentation of eligible production new text end 45.32 new text begin costs incurred. The commissioner of administration may use up to 2-1/2 percent of this new text end 45.33 new text begin appropriation for grant administration costs. new text end 46.1    Sec. 7. new text begin HISTORICAL RULEMAKING WEB SITE; APPROPRIATION. new text end 46.2 new text begin $35,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund to new text end 46.3 new text begin the revisor of statutes to design and implement a Web site to provide the public searchable new text end 46.4 new text begin access to historical documents relating to state agency rulemaking. It is anticipated that new text end 46.5 new text begin the revisor of statutes will match this appropriation from carryforward funds and that the new text end 46.6 new text begin revisor will use the carryforward funds to design and implement a Web site that will new text end 46.7 new text begin provide the public searchable access to future state agency rulemaking documents. new text end 46.8    Sec. 8. new text begin LET'S GO FISHING; APPROPRIATION. new text end 46.9 new text begin $100,000 in fiscal year 2013 is appropriated from the arts and cultural heritage fund new text end 46.10 new text begin to the commissioner of natural resources for a grant to Let's Go Fishing of Minnesota to new text end 46.11 new text begin provide community outreach to senior citizens, youth, and veterans and for the costs new text end 46.12 new text begin associated with establishing and recruiting new chapters in order to preserve Minnesota's new text end 46.13 new text begin cultural heritage of fishing. The grants must be matched with cash or in-kind contributions new text end 46.14 new text begin from nonstate sources. new text end 46.15    Sec. 9. new text begin LEGACY FUNDING REQUIREMENTS APPLY. new text end 46.16 new text begin All appropriations in this article are onetime and are subject to the requirements new text end 46.17 new text begin and availability provisions provided under Laws 2011, First Special Session chapter 6, new text end 46.18 new text begin articles 4 and 5. Each direct recipient of money appropriated in this article, as well as each new text end 46.19 new text begin recipient of a grant awarded pursuant to this article, must satisfy all reporting and other new text end 46.20 new text begin requirements incumbent upon legacy funding recipients as provided in Laws 2011, First new text end 46.21 new text begin Special Session chapter 6, articles 4 and 5. new text end 46.22    Sec. 10. new text begin GOVERNOR TO URGE PRESIDENTIAL PARDON OF CHASKA. new text end 46.23 new text begin The governor, in consultation with the chairs of the house and senate committees new text end 46.24 new text begin with jurisdiction over legacy funds, shall urge the President of the United States to pardon new text end 46.25 new text begin We-Chank-Wash-ta-don-pee, also known as Chaska, for alleged crimes stemming from new text end 46.26 new text begin the Dakota Conflict of 1862. new text end