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HF 1113

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/02/2013 08:04am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

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A bill for an act
relating to natural resources; appropriating money from environment and natural
resources trust fund; modifying provisions for Legislative-Citizen Commission
on Minnesota Resources; modifying requirements for land acquisition with trust
fund money; amending Minnesota Statutes 2012, sections 116P.05, subdivisions
1, 2; 116P.09, subdivision 2; 116P.15; 116P.16; 116P.17; proposing coding for
new law in Minnesota Statutes, chapter 116P.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text beginAPPROPRIATIONS.new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to
the agencies and for the purposes specified in this act. The appropriations are from
the environment and natural resources trust fund and are available for the fiscal years
indicated for each purpose. The figures "2014" and "2015" used in this act mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2014,
or June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is
fiscal year 2015. "The biennium" is fiscal years 2014 and 2015. The appropriations in
this act are onetime.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2014
new text end
new text begin 2015
new text end

Sec. 2. new text beginMINNESOTA RESOURCES
new text end

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 33,810,000
new text end
new text begin $
new text end
new text begin 4,350,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2014
new text end
new text begin 2015
new text end
new text begin Environment and
natural resources
trust fund
new text end
new text begin 33,810,000
new text end
new text begin 4,350,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Appropriations are available for two
years beginning July 1, 2013, unless
otherwise stated in the appropriation. Any
unencumbered balance remaining in the first
year does not cancel and is available for the
second year.
new text end

new text begin Subd. 2. new text end

new text begin Definition
new text end

new text begin "Trust fund" means the Minnesota
environment and natural resources trust fund
referred to in Minnesota Statutes, section
116P.02, subdivision 6.
new text end

new text begin Subd. 3. new text end

new text begin Natural Resource Data and
Information
new text end

new text begin 8,076,000
new text end
new text begin -0-
new text end
new text begin (a) Minnesota Biological Survey
new text end

new text begin $2,650,000 the first year is from the
trust fund to the commissioner of natural
resources for continuation of the Minnesota
biological survey to provide a foundation
for conserving biological diversity by
systematically collecting, interpreting,
monitoring, and delivering data on plant and
animal distribution and ecology, native plant
communities, and functional landscapes.
new text end

new text begin (b) County Geologic Atlases - Part A
new text end

new text begin $1,200,000 the first year is from the trust fund
to the Board of Regents of the University
of Minnesota to continue the acceleration
of the production of county geologic atlases
that define aquifer boundaries and the
connection of aquifers to the land surface and
surface water resources for the purpose of
sustainable management of surface water and
groundwater resources. This appropriation
is available until June 30, 2016, by which
time the project must be completed and final
products delivered.
new text end

new text begin (c) County Geologic Atlases - Part B
new text end

new text begin $1,200,000 the first year is from the trust
fund to the commissioner of natural resources
to continue the analysis and compilation
of groundwater data for the production
of county geologic atlases, publication of
geospatial groundwater data, and continued
mapping of springsheds and karst features
for Winona and Houston Counties. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (d) Updating National Wetland Inventory for
Minnesota - Phase IV
new text end

new text begin $1,000,000 the first year is from the trust
fund to the commissioner of natural resources
to continue the update and enhancement
of wetland inventory maps for Minnesota.
This appropriation is available until June
30, 2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (e) Conservation Easement Stewardship
Program - Phase III
new text end

new text begin $200,000 the first year is from the trust fund
to the commissioner of natural resources
for the final phase to bring conservation
easements held by the Department of Natural
Resources up to minimum conservation
standards, through monitoring, baseline data
collection, and baseline report preparation.
new text end

new text begin (f) Harnessing Soudan Mine Microbes:
Bioremediation, Bioenergy, and Biocontrol
new text end

new text begin $838,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota to continue the characterization of
unique microbes discovered in the Soudan
Underground Mine State Park that have
potential applications for metal remediation
in water resources, microbial electrofuels,
and biocontrol of white-nose bat syndrome.
This appropriation is available until June
30, 2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (g) Improved Rapid Forest Ecosystem and
Habitat Inventory
new text end

new text begin $262,000 the first year is from the trust fund
to the Board of Regents of the University
of Minnesota to evaluate a new approach to
forest inventory, based on statewide forest
inventory and analysis (FIA) data.
new text end

new text begin (h) Finding Disease Resistant Elm Trees in
Minnesota
new text end

new text begin $200,000 the first year is from the trust fund
to the Board of Regents of the University
of Minnesota to evaluate and identify
native Minnesota elms resistant to Dutch
elm disease to assist with limiting the
susceptibility of the state's elms to Dutch elm
disease. This appropriation is available until
June 30, 2016, by which time the project must
be completed and final products delivered.
new text end

new text begin (i) Enhancing Timber Sale Program
Environmental and Economic Sustainability
new text end

new text begin $336,000 the first year is from the trust fund
to the Board of Regents of the University
of Minnesota to evaluate the impacts of
timber payment methods on postharvest
forest ecological conditions and net revenue
generated from public timber sale programs.
This appropriation is available until June
30, 2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (j) Enhancing Environmental and Economic
Benefits of Woodland Grazing
new text end

new text begin $190,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota to evaluate management options
for woodlands used for grazing to improve
ecological and economic benefits. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.
new text end

new text begin Subd. 4. new text end

new text begin Land, Habitat, Restoration, and
Recreation
new text end

new text begin 13,522,000
new text end
new text begin -0-
new text end
new text begin (a) State Parks and Trails Land Acquisition
new text end

new text begin $1,000,000 the first year is from the trust
fund to the commissioner of natural resources
to acquire authorized state trails and critical
parcels within the statutory boundaries
of state parks. State park land acquired
with this appropriation must be sufficiently
improved to meet at least minimum
management standards, as determined by the
commissioner of natural resources. A list
of proposed acquisitions must be provided
as part of the required work plan. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (b) Scientific and Natural Area Restoration,
Enhancement, and Citizen Engagement
new text end

new text begin $1,500,000 the first year is from the
trust fund to the commissioner of natural
resources to conserve sites of biodiversity
significance by restoring and enhancing
lands established as scientific and natural
areas as provided in Minnesota Statutes,
section 86A.05, subdivision 5, and providing
volunteer engagement and outreach. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (c) Native Prairie Stewardship and Native
Prairie Bank Easement Acquisition
new text end

new text begin $750,000 the first year is from the trust fund
to the commissioner of natural resources
to acquire native prairie bank easements,
prepare baseline property assessments,
restore and enhance native prairie sites, and
provide technical assistance to landowners.
This appropriation is available until June
30, 2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (d) Metropolitan Conservation Corridors
(MeCC) - Phase VII
new text end

new text begin $2,000,000 the first year is from the
trust fund for the acceleration of agency
programs and cooperative agreements.
Of this appropriation, $10,000 is to the
commissioner of natural resources for
agency programs and $1,990,000 is to
the commissioner of natural resources for
agreements as follows: $304,000 with
Friends of the Mississippi River; $368,000
with Dakota County; $208,000 with Great
River Greening; $310,000 with Minnesota
Land Trust; $400,000 with Minnesota Valley
National Wildlife Refuge Trust, Inc.; and
$400,000 with the Trust for Public Land for
planning, restoring, and protecting priority
natural areas in the metropolitan area, as
defined under Minnesota Statutes, section
473.121, subdivision 2, and portions of the
surrounding counties, through contracted
services, technical assistance, conservation
easements, and fee title acquisition. Land
acquired with this appropriation must
be sufficiently improved to meet at least
minimum management standards, as
determined by the commissioner of natural
resources. Expenditures are limited to the
identified project corridor areas as defined in
the work plan. This appropriation may not be
used for the purchase of habitable residential
structures, unless expressly approved in the
work plan. All conservation easements must
be perpetual and have a natural resource
management plan. Any land acquired in fee
title by the commissioner of natural resources
with money from this appropriation must
be designated as an outdoor recreation unit
under Minnesota Statutes, section 86A.07.
The commissioner may similarly designate
any lands acquired in less than fee title. A
list of proposed restorations and fee title
and easement acquisitions must be provided
as part of the required work plan. Lands
that would require payments in lieu of taxes
under Minnesota Statutes, section 97A.061
or 477A.12, shall not be acquired with money
from this appropriation. Up to $54,000 is for
use by Minnesota Land Trust in a monitoring
and enforcement fund as approved in the
work plan and subject to subdivision 16. An
entity that acquires a conservation easement
with appropriations from the trust fund
must have a long-term stewardship plan
for the easement and a fund established for
monitoring and enforcing the agreement.
Money appropriated from the trust fund for
easement acquisition may be used to establish
a monitoring, management, and enforcement
fund as approved in the work plan. An
annual financial report is required for any
monitoring, management, and enforcement
fund established, including expenditures
from the fund. This appropriation is available
until June 30, 2016, by which time the
project must be completed and final products
delivered.
new text end

new text begin (e) Landscape Arboretum Acquisition - Lake
Tamarack
new text end

new text begin $2,000,000 the first year is from the trust fund
to the Board of Regents of the University
of Minnesota to acquire land surrounding
Lake Tamarack in Carver County as part of
the acquisition of approximately 80 acres.
This appropriation is available until June
30, 2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (f) Conservation Program Technical Assistance
Grants
new text end

new text begin $3,000,000 the first year is from the trust fund
to the Board of Water and Soil Resources to
continue providing grants to soil and water
conservation districts and other units of local
and state government for the employment
of staff to reenroll expiring lands into
programs for conservation purposes. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (g) Moose Habitat Restoration in Northeastern
Minnesota
new text end

new text begin $200,000 the first year is from the trust fund
to the Board of Regents of the University
of Minnesota for the Natural Resources
Research Institute to develop best practices
guidelines for creating moose foraging
habitat efficiently and cost-effectively. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (h) Bee Pollinator Habitat Enhancement
new text end

new text begin $200,000 the first year is from the trust
fund to the Board of Regents of the
University of Minnesota to assess the
potential to supplement traditional turf grass
by providing critical floral plant resources
to enhance bee pollinator habitat. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (i) Conservation Grazing to Improve Wildlife
Habitat on Wildlife Management Areas
new text end

new text begin $600,000 the first year is from the trust fund
to the commissioner of natural resources
to develop grazing plans and provide
infrastructure to support conservation
grazing on approximately 10,000 acres
of targeted wildlife management areas in
partnership with local livestock producers.
Any revenue generated as a result of
this appropriation must be reinvested in
producing plans, conducting maintenance,
or building infrastructure for new or
existing conservation grazing efforts. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (j) Preserving the Avon Hills Landscape -
Phase II
new text end

new text begin $772,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with Saint John's University in
cooperation with the Minnesota Land Trust
to secure permanent conservation easements
on high quality habitat in Stearns County,
prepare conservation management plans, and
provide public outreach. A list of proposed
easement acquisitions must be provided
as part of the required work plan. Up to
$80,000 is for use by Minnesota Land Trust
in a monitoring and enforcement fund as
approved in the work plan and subject to
subdivision 16. An entity that acquires a
conservation easement with appropriations
from the trust fund must have a long-term
stewardship plan for the easement and a fund
established for monitoring and enforcing the
agreement. Money appropriated from the
trust fund for easement acquisition may be
used to establish a monitoring, management,
and enforcement fund as approved in the
work plan. An annual financial report is
required for any monitoring, management,
and enforcement fund established,
including expenditures from the fund. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (k) Frogtown Farm and Park Acquisition
new text end

new text begin $1,500,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the Trust for Public Land
to acquire a portion of 12 acres for Frogtown
Farm and Park to be established as a St. Paul
city park.
new text end

new text begin (l) Restoration Evaluations
new text end

new text begin $200,000 from Laws 2009, chapter
143, section 2, subdivision 8, paragraph
(b), Legislative-Citizen Commission on
Minnesota Resources, as amended by Laws
2011, First Special Session, chapter 2, article
3, section 2, subdivision 18, paragraph (a),
clause (8), is transferred to the Board of
Regents of the University of Minnesota
for evaluation of lands restored using
money from the trust fund. The lands to be
evaluated shall be identified and prioritized
in consultation with the Legislative-Citizen
Commission on Minnesota Resources.
new text end

new text begin Subd. 5. new text end

new text begin Water Resources
new text end

new text begin 3,819,000
new text end
new text begin -0-
new text end
new text begin (a) Sustaining Lakes in Changing Environment
- Phase II
new text end

new text begin $1,200,000 the first year is from the
trust fund to the commissioner of natural
resources in cooperation with the United
States Geological Survey, the University of
Minnesota, and the University of St. Thomas
to continue development and implementation
of monitoring, modeling, and reporting
protocols for Minnesota lakes to be used
in water and fisheries management. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (b) Assessment of Natural Copper-Nickel
Bedrocks on Water Quality
new text end

new text begin $585,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota in cooperation with the United
States Geological Survey to assess impacts
of existing mineralization and potential
mining on northeastern Minnesota regional
water quality, including impacts from copper,
nickel, and other metal concentrations in
rocks, streambed sediments, and soils in
areas of potential base-metal mining. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (c) Heron Lake Sediment and Phosphorus
Reduction Implementation Projects
new text end

new text begin $122,000 the first year is from the trust fund
to the Board of Water and Soil Resources for
an agreement with the Heron Lake Watershed
District for public outreach and installation
and monitoring of water quality improvement
projects. This appropriation is available until
June 30, 2016, by which time the project must
be completed and final products delivered.
new text end

new text begin (d) Southern Minnesota Lakes Restoration
new text end

new text begin $463,000 the first year is from the trust fund
to the Board of Water and Soil Resources for
an agreement with Le Sueur County to install
shoreland and agricultural best management
practices to improve water quality for up
to 14 lakes in a tri-county area in southern
Minnesota. This appropriation is available
until June 30, 2016, by which time the
project must be completed and final products
delivered.
new text end

new text begin (e) Measuring Hydrologic Benefits from
Glacial Ridge Habitat Restoration
new text end

new text begin $400,000 the first year is from the trust fund
to the commissioner of natural resources for
an agreement with the Red Lake Watershed
District in cooperation with the United States
Geological Survey to compare the hydrology
of habitats before and after restorations to
evaluate and quantify the impacts on flood
reduction and water quality in order to inform
improvements to restoration techniques.
The United States Geologic Survey is not
subject to the requirements in Minnesota
Statutes, section 116P.10. This appropriation
is available until June 30, 2016, by which
time the project must be completed and final
products delivered.
new text end

new text begin (f) Evaluation of Lake Superior Water Quality
Health
new text end

new text begin $600,000 the first year is from the trust fund
to the Board of Regents of the University
of Minnesota to evaluate impacts to Lake
Superior from a changing thermal structure
and invasive species in order to implement
lake water quality management strategies.
This appropriation is available until June
30, 2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (g) Membranes for Wastewater-Generated
Hydrogen and Clean Water
new text end

new text begin $246,000 the first year is from the trust fund
to the Board of Regents of the University
of Minnesota to develop, optimize, and test
membranes made of thin film polymers
embedded with selected bacteria to
generate clean water and energy in the
form of hydrogen from wastewater. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (h) Antibiotics in Minnesota Waters - Phase II
Mississippi River
new text end

new text begin $203,000 the first year is from the trust fund
to the commissioner of natural resources
for an agreement with the University of St.
Thomas to measure antibiotic concentrations
and antibiotic resistance levels and assess the
contributions of farm runoff and wastewater
treatment in a portion of the Mississippi
River. This appropriation is available until
June 30, 2016, by which time the project must
be completed and final products delivered.
new text end

new text begin Subd. 6. new text end

new text begin Aquatic and Terrestrial Invasive
Species
new text end

new text begin 6,632,000
new text end
new text begin 4,350,000
new text end
new text begin (a) Aquatic Invasive Species Research Center
new text end

new text begin $4,350,000 the first year and $4,350,000
the second year are from the trust fund to
the Board of Regents of the University of
Minnesota to develop and support an aquatic
invasive species (AIS) research center at the
University of Minnesota that will develop
new techniques to control aquatic invasive
species including Asian carp, zebra mussels,
and plant species. This appropriation is
available until June 30, 2019, by which time
the project must be completed and final
products delivered.
new text end

new text begin (b) Detecting and Monitoring Asian Carp
Populations
new text end

new text begin $540,000 the first year is from the trust fund
to the commissioner of natural resources to
accelerate a search and monitoring program
directly targeting Asian carp to be used in the
development of potential control strategies.
new text end

new text begin (c) Improving Emerald Ash Borer Detection
Efficacy for Control
new text end

new text begin $600,000 the first year is from the trust
fund to evaluate and implement options for
effective detection of the presence of emerald
ash borer. Of this appropriation, $240,000
is to the commissioner of agriculture and
$360,000 is to the Board of Regents of the
University of Minnesota. This appropriation
is available until June 30, 2016, by which
time the project must be completed and final
products delivered.
new text end

new text begin (d) Elimination of Target Invasive Plant Species
new text end

new text begin $350,000 the first year is from the trust fund
to the commissioner of agriculture to train
volunteers and professionals to find, control,
and monitor targeted newly emergent
invasive species. This appropriation is
available until June 30, 2016, by which time
the project must be completed and final
products delivered.
new text end

new text begin (e) Biological Control of Garlic Mustard
new text end

new text begin $140,000 the first year is from the trust fund
to the commissioner of natural resources in
cooperation with the University of Minnesota
to continue the implementation of biological
control for invasive garlic mustard plants.
This appropriation is available until June
30, 2016, by which time the project must be
completed and final products delivered.
new text end

new text begin (f) Zebra Mussel Control Research and
Evaluation in Minnesota Waters
new text end

new text begin $600,000 the first year is from the trust
fund to the commissioner of natural
resources for an agreement with the United
States Geological Survey, Upper Midwest
Environmental Sciences Center, to assess
the ecological impacts of a commercially
available molluscicide formulation on the
reproduction and development of native fish,
as well as impacts on larval aquatic insect
survival, and to evaluate the effectiveness
of these treatment options for detection
and control of zebra mussels. The United
States Geologic Survey is not subject to the
requirements in Minnesota Statutes, section
116P.10. This appropriation is available until
June 30, 2016, by which time the project must
be completed and final products delivered.
new text end

new text begin (g) Controlling Terrestrial Invasive Plants with
Grazing Animals
new text end

new text begin $52,000 the first year is from the trust fund to
the commissioner of natural resources for an
agreement with Hiawatha Valley Resource
Conservation and Development, Inc. to
develop cost effective best management
practices to control invasive terrestrial
species through planned grazing. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.
new text end

new text begin Subd. 7. new text end

new text begin Environmental Education
new text end

new text begin 636,000
new text end
new text begin -0-
new text end
new text begin (a) Minnesota Conservation Apprentice
Academy
new text end

new text begin $186,000 the first year is from the trust fund
to the Board of Water and Soil Resources
in cooperation with the Conservation
Corps Minnesota to continue a program
to train and mentor future conservation
professionals by providing apprenticeship
service opportunities with soil and water
conservation districts.
new text end

new text begin (b) Youth Outdoors: Mississippi River
Education and Employment Opportunities
new text end

new text begin $450,000 the first year is from the trust fund
to the commissioner of natural resources
for an agreement with Wilderness Inquiry
to provide outdoor education, recreation,
and youth employment on the Mississippi
River from Grand Rapids to St. Cloud, the
Twin Cities, Hastings, and Red Wing. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.
new text end

new text begin Subd. 8. new text end

new text begin Administration and Contract
Agreement Reimbursement
new text end

new text begin 1,125,000
new text end
new text begin -0-
new text end
new text begin (a) Legislative-Citizen Commission on
Minnesota Resources (LCCMR)
new text end

new text begin $990,000 the first year is from the trust fund to
the LCCMR for administration in fiscal years
2014 and 2015 as provided in Minnesota
Statutes, section 116P.09, subdivision 5.
new text end

new text begin (b) Contract Agreement Reimbursement
new text end

new text begin $135,000 the first year is from the trust fund
to the commissioner of natural resources
at the direction of the Legislative-Citizen
Commission on Minnesota Resources for
expenses incurred for contract agreement
reimbursement for the agreements specified
in this section. The commissioner
shall provide documentation to the
Legislative-Citizen Commission on
Minnesota Resources on the expenditure of
these funds.
new text end

new text begin Subd. 9. new text end

new text begin Availability of Appropriations
new text end

new text begin Money appropriated in this section may
not be spent on activities unless they are
directly related to and necessary for a specific
appropriation and are specified in the work
plan approved by the Legislative-Citizen
Commission on Minnesota Resources.
Money appropriated in this section must
not be spent on indirect costs or other
institutional overhead charges that are
not directly related to and necessary for
a specific appropriation. Costs that are
directly related to and necessary for an
appropriation, including financial services,
human resources, information services, rent,
and utilities, are eligible only if the costs
can be clearly justified and individually
documented specific to the appropriation's
purpose and would not be generated by
the recipient but for the receipt of the
appropriation. No broad allocations for costs
in either dollars or percentages are allowed.
Unless otherwise provided, the amounts in
this section are available until June 30, 2015,
when projects must be completed and final
products delivered. For acquisition of real
property, the appropriations in this section
are available for an additional fiscal year if a
binding contract for acquisition of the real
property is entered into before the original
expiration date of the appropriation. If a
project receives a federal grant, the time
period of the appropriation is extended to
equal the federal grant period.
new text end

new text begin Subd. 10. new text end

new text begin Data Availability Requirements
new text end

new text begin Data collected by the projects funded under
this section must conform to guidelines
and standards adopted by MN.IT Services.
Spatial data also must conform to additional
guidelines and standards designed to support
data coordination and distribution that have
been published by the Minnesota Geospatial
Information Office. Descriptions of spatial
data must be prepared as specified in
the state's geographic metadata guideline
and must be submitted to the Minnesota
Geospatial Information Office. All data must
be accessible and free to the public unless
made private under the Data Practices Act,
Minnesota Statutes, chapter 13.
new text end

new text begin To the extent practicable, summary data and
results of projects funded under this section
should be readily accessible on the Internet
and identified as having received funding
from the environment and natural resources
trust fund.
new text end

new text begin Subd. 11. new text end

new text begin Project Requirements
new text end

new text begin (a) As a condition of accepting an
appropriation under this section, any agency
or entity receiving an appropriation or a
party to an agreement from an appropriation
must comply with paragraphs (b) to (k)
and Minnesota Statutes, chapter 116P, and
must submit a work plan and semiannual
progress reports in the form determined
by the Legislative-Citizen Commission on
Minnesota Resources for any project funded
in whole or in part with funds from the
appropriation. Modifications to the approved
work plan and budget expenditures shall
be made through the amendment process
established by the Legislative-Citizen
Commission on Minnesota Resources.
new text end

new text begin (b) For all restorations conducted with
money appropriated under this section,
a recipient must prepare an ecological
restoration and management plan that, to
the degree practicable, is consistent with the
highest quality conservation and ecological
goals for the restoration site. Consideration
should be given to soil, geology, topography,
and other relevant factors that would provide
the best chance for long-term success of the
restoration projects. The plan must include
the proposed timetable for implementing
the restoration, including site preparation,
establishment of diverse plant species,
maintenance, and additional enhancement to
establish the restoration; identify long-term
maintenance and management needs of
the restoration and how the maintenance,
management, and enhancement will be
financed; and take advantage of the best
available science and include innovative
techniques to achieve the best restoration.
new text end

new text begin (c) Any entity receiving an appropriation in
this section for restoration activities must
provide an initial restoration evaluation
at the completion of the appropriation
and an evaluation three years beyond the
completion of the expenditure. Restorations
must be evaluated relative to the stated
goals and standards in the restoration plan,
current science, and, when applicable, the
Board of Water and Soil Resources' native
vegetation establishment and enhancement
guidelines. The evaluation shall determine
whether the restorations are meeting planned
goals, identify any problems with the
implementation of the restorations, and,
if necessary, give recommendations on
improving restorations. The evaluation shall
be focused on improving future restorations.
new text end

new text begin (d) Except as otherwise provided in this
section, all restoration and enhancement
projects funded with money appropriated in
this section must be on land permanently
protected by a conservation easement or
public ownership or in public waters as
defined in Minnesota Statutes, section
103G.005, subdivision 15.
new text end

new text begin (e) A recipient of money from an
appropriation under this section must
give consideration to contracting with
Conservation Corps Minnesota for contract
restoration and enhancement services.
new text end

new text begin (f) All conservation easements acquired with
money appropriated under this section must:
new text end

new text begin (1) be perpetual;
new text end

new text begin (2) specify the parties to an easement in the
easement;
new text end

new text begin (3) specify all of the provisions of an
agreement that are perpetual;
new text end

new text begin (4) be sent to the Legislative-Citizen
Commission on Minnesota Resources in an
electronic format prior to closing;
new text end

new text begin (5) include a long-term monitoring and
enforcement plan and funding for monitoring
and enforcing the easement agreement; and
new text end

new text begin (6) include requirements in the easement
document to address specific water quality
protection activities such as keeping water
on the landscape, reducing nutrient and
contaminant loading, protecting groundwater,
and not permitting artificial hydrological
modifications.
new text end

new text begin (g) For any acquisition of land or interest in
land, a recipient of money appropriated under
this section must give priority to high quality
natural resources or conservation lands that
provide natural buffers to water resources.
new text end

new text begin (h) For new lands acquired with money
appropriated under this section, a
recipient must prepare a restoration and
management plan in compliance with
paragraph (b), including sufficient funding
for implementation unless the work plan
addresses why a portion of the money is
not necessary to achieve a high quality
restoration.
new text end

new text begin (i) To the extent an appropriation is used to
acquire an interest in real property, a recipient
of an appropriation under this section
must provide to the Legislative-Citizen
Commission on Minnesota Resources and
the commissioner of management and budget
an analysis of increased operation and
maintenance costs likely to be incurred by
public entities as a result of the acquisition
and how these costs are to be paid.
new text end

new text begin (j) To ensure public accountability for the
use of public funds, a recipient of money
appropriated under this section must provide
to the Legislative-Citizen Commission on
Minnesota Resources documentation of the
selection process used to identify parcels
acquired and provide documentation of all
related transaction costs, including but not
limited to appraisals, legal fees, recording
fees, commissions, other similar costs,
and donations. This information must be
provided for all parties involved in the
transaction. The recipient must also report
to the Legislative-Citizen Commission on
Minnesota Resources any difference between
the acquisition amount paid to the seller
and the state-certified or state-reviewed
appraisal, if a state-certified or state-reviewed
appraisal was conducted. Acquisition data
such as appraisals may remain private during
negotiations but must ultimately be made
public according to Minnesota Statutes,
chapter 13. The commission may waive the
application of this paragraph for specific
projects.
new text end

new text begin (k) A recipient of an appropriation from
the trust fund under this section must
acknowledge financial support from
the Minnesota environment and natural
resources trust fund in project publications,
signage, and other public communications
and outreach related to work completed
using the appropriation. Acknowledgement
may occur, as appropriate, through use of
the trust fund logo or inclusion of language
attributing support from the trust fund. Each
direct recipient of money appropriated in
this section, as well as each recipient of a
grant awarded pursuant to this section, must
satisfy all reporting and other requirements
incumbent upon constitutionally dedicated
funding recipients as provided in Minnesota
Statutes, section 3.303, subdivision 10, and
chapter 116P.
new text end

new text begin Subd. 12. new text end

new text begin Payment Conditions and Capital
Equipment Expenditures
new text end

new text begin All agreements, grants, or contracts referred
to in this section must be administered on
a reimbursement basis unless otherwise
provided in this section. Notwithstanding
Minnesota Statutes, section 16A.41,
expenditures made on or after July 1, 2013, or
the date the work plan is approved, whichever
is later, are eligible for reimbursement unless
otherwise provided in this section. Periodic
payment must be made upon receiving
documentation that the deliverable items
articulated in the approved work plan
have been achieved, including partial
achievements as evidenced by approved
progress reports. Reasonable amounts may
be advanced to projects to accommodate
cash flow needs or match federal money.
The advances must be approved as part of
the work plan. No expenditures for capital
equipment are allowed unless expressly
authorized in the project work plan.
new text end

new text begin Subd. 13. new text end

new text begin Purchase of Recycled and Recyclable
Materials
new text end

new text begin A political subdivision, public or private
corporation, or other entity that receives an
appropriation under this section must use the
appropriation in compliance with Minnesota
Statutes, section 16B.121, regarding
purchase of recycled, repairable, and durable
materials; and Minnesota Statutes, section
16B.122, regarding purchase and use of
paper stock and printing.
new text end

new text begin Subd. 14. new text end

new text begin Energy Conservation and
Sustainable Building Guidelines
new text end

new text begin A recipient to whom an appropriation is made
under this section for a capital improvement
project must ensure that the project complies
with the applicable energy conservation and
sustainable building guidelines and standards
contained in law, including Minnesota
Statutes, sections 16B.325, 216C.19, and
216C.20, and rules adopted under those
sections. The recipient may use the energy
planning, advocacy, and State Energy Office
units of the Department of Commerce to
obtain information and technical assistance
on energy conservation and alternative
energy development relating to the planning
and construction of the capital improvement
project.
new text end

new text begin Subd. 15. new text end

new text begin Accessibility
new text end

new text begin Structural and nonstructural facilities must
meet the design standards in the Americans
with Disabilities Act (ADA) accessibility
guidelines.
new text end

new text begin Subd. 16. new text end

new text begin Easement Monitoring and
Enforcement Requirements
new text end

new text begin Money appropriated under this section for
easement monitoring and enforcement may
be spent only on activities included in an
easement monitoring and enforcement plan
contained within the work plan. Money
received for monitoring and enforcement,
including earnings on the money received,
shall be kept in a monitoring and enforcement
fund held by the organization and dedicated
to monitoring and enforcing conservation
easements within Minnesota. Within 120
days after the close of the entity's fiscal
year, an entity receiving appropriations
for easement monitoring and enforcement
must provide an annual financial report
to the Legislative-Citizen Commission on
Minnesota Resources or its successor on
the easement monitoring and enforcement
fund as specified in the work plan.
Money appropriated under this section for
monitoring and enforcement of easements
and earnings on the money appropriated
shall revert to the state if: (1) the easement
transfers to the state; (2) the holder of the
easement fails to file an annual report and
then fails to cure that default within 30 days
of notification of the default by the state;
or (3) the holder of the easement fails to
comply with the terms of the monitoring and
enforcement plan contained within the work
plan and fails to cure that default within 90
days of notification of the default by the state.
new text end

new text begin Subd. 17. new text end

new text begin Carryforward
new text end

new text begin The availability of the appropriations for the
following projects are extended to June 30,
2014:
new text end

new text begin (1) Laws 2010, chapter 362, section 2,
subdivision 4, paragraph (h), Conserving
Sensitive and Priority Shorelands in Cass
County;
new text end

new text begin (2) Laws 2010, chapter 362, section 2,
subdivision 5, paragraph (a), Understanding
Sources of Aquatic Contaminants of
Emerging Concern;
new text end

new text begin (3) Laws 2010, chapter 362, section 2,
subdivision 3, paragraph (b), Updating
Minnesota Wetlands Inventory: Phase 2;
new text end

new text begin (4) Laws 2010, chapter 362, section 2,
subdivision 4, paragraph (b), Scientific and
Natural Areas and Native Prairie Restoration,
Enhancement, and Acquisition;
new text end

new text begin (5) Laws 2010, chapter 362, section 2,
subdivision 4, paragraph (i), Reconnecting
Fragmented Prairie Landscapes;
new text end

new text begin (6) Laws 2010, chapter 362, section 2,
subdivision 6, paragraph (a), Biological
Control of European Buckthorn and Garlic
Mustard;
new text end

new text begin (7) Laws 2010, chapter 362, section 2,
subdivision 8, paragraph (e), Get Outside ?
Urban Woodland for Kids;
new text end

new text begin (8) Laws 2010, chapter 362, section 2,
subdivision 5, paragraph (e), Assessing
Septic System Discharge to Lakes;
new text end

new text begin (9) Laws 2010, chapter 362, section 2,
subdivision 3, paragraph (i), Ecosystem
Services in Agricultural Watersheds;
new text end

new text begin (10) Laws 2010, chapter 362, section
2, subdivision 3, paragraph (a), County
Geologic Atlases and Related Hydrogeologic
Research; and
new text end

new text begin (11) Laws 2010, chapter 362, section 2,
subdivision 7, paragraph (a), Algae for Fuels
Pilot Project.
new text end

Sec. 3.

Minnesota Statutes 2012, section 116P.05, subdivision 1, is amended to read:


Subdivision 1.

Membership.

(a) A Legislative-Citizen Commission on Minnesota
Resources of 17 members is created in the legislative branch, consisting of the chairs
of the house of representatives and senate committees on environment and natural
resources finance or designees appointed for the terms of the chairs, four members of the
senate appointed by the Subcommittee on Committees of the Committee on Rules and
Administration, and four members of the house of representatives appointed by the speaker.

At least two members from the senate and two members from the house of
representatives must be from the minority caucus. Members are entitled to reimbursement
for per diem expenses plus travel expenses incurred in the services of the commission.

Seven citizens are members of the commission, five appointed by the governor, one
appointed by the Senate Subcommittee on Committees of the Committee on Rules and
Administration, and one appointed by the speaker of the house. The citizen members
are selected and recommended to the appointing authorities according to subdivision
1a and must:

(1) have experience or expertise in the science, policy, or practice of the protection,
conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife,
and other natural resources;

(2) have strong knowledge in the state's environment and natural resource issues
around the state; and

(3) have demonstrated ability to work in a collaborative environment.

(b) Members shall develop procedures to elect a chair that rotates between legislative
and citizen members. The chair shall preside and convene meetings as often as necessary
to conduct duties prescribed by this chapter.

(c) Appointed legislative members shall serve on the commission for two-year
terms, beginning in January of each odd-numbered year and continuing through the end
of December of the next even-numbered year. new text beginAppointed citizen members shall serve
four-year terms, beginning in January of the first year and continuing through the end
of December of the final year.
new text endCitizen and legislative members continue to serve until
their successors are appointed.

(d) A citizen member may be removed by an appointing authority for cause.
Vacancies occurring on the commission shall not affect the authority of the remaining
members of the commission to carry out their duties, and vacancies shall be filled for the
remainder of the term in the same manner under paragraph (a).

(e) Citizen members shall be initially appointed according to the following schedule
of terms:

(1) two members appointed by the governor for a term ending the first Monday in
January 2010;

(2) one member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2010 and one member appointed by the speaker of the house for a term ending the first
Monday in January 2010;

(3) two members appointed by the governor for a term ending the first Monday in
January 2009; and

(4) one member appointed by the governor for a term ending the first Monday in
January 2008.

(f) Citizen members are entitled to per diem and reimbursement for expenses
incurred in the services of the commission, as provided in section 15.059, subdivision 3.

(g) The governor's appointments are subject to the advice and consent of the senate.

Sec. 4.

Minnesota Statutes 2012, section 116P.05, subdivision 2, is amended to read:


Subd. 2.

Duties.

(a) The commission shall recommend an annual or biennial
legislative bill for appropriations from the environment and natural resources trust fund and
shall adopt a strategic plan as provided in section 116P.08. Approval of the recommended
legislative bill requires an affirmative vote of at least 12 members of the commission.

(b) It is a condition of acceptance of the appropriations made from the Minnesota
environment and natural resources trust fund, and oil overcharge money under section
4.071, subdivision 2, that the agency or entity receiving the appropriation must submit
a work deleted text beginprogramdeleted text endnew text begin plannew text end and semiannual progress reports in the form determined by the
Legislative-Citizen Commission on Minnesota Resources, and comply with applicable
reporting requirements under section 116P.16. None of the money provided may be spent
unless the commission has approved the pertinent work deleted text beginprogramdeleted text endnew text begin plan. Modifications to
the approved work plan and budget expenditures shall be made through the amendment
process established by the commission
new text end. new text beginThe commission shall ensure that the expenditures
and outcomes described in the work plan for appropriations funded by the environment
and natural resources trust fund are met.
new text end

(c) The peer review panel created under section 116P.08 must also review, comment,
and report to the commission on research proposals applying for an appropriation from the
oil overcharge money under section 4.071, subdivision 2.

(d) The commission may adopt operating procedures to fulfill its duties under this
chapter.

(e) As part of the operating procedures, the commission shall:

(1) ensure that members' expectations are to participate in all meetings related to
funding decision recommendations;

(2) recommend adequate funding for increased citizen outreach and communications
for trust fund expenditure planning;

(3) allow administrative expenses as part of individual project expenditures based
on need;

(4) provide for project outcome evaluation;

(5) keep the grant application, administration, and review process as simple as
possible; and

(6) define and emphasize the leveraging of additional sources of money that project
proposers should consider when making trust fund proposals.

Sec. 5.

Minnesota Statutes 2012, section 116P.09, subdivision 2, is amended to read:


Subd. 2.

Liaison officers.

The commission deleted text beginshalldeleted text endnew text begin maynew text end request each department or
agency head of all state agencies with a direct interest and responsibility in any phase of
environment and natural resources to appoint, and the latter shall appoint for the agency, a
liaison officer who shall work closely with the commission and its staff.

Sec. 6.

Minnesota Statutes 2012, section 116P.15, is amended to read:


116P.15 LAND ACQUISITION RESTRICTIONS.

Subdivision 1.

Scope.

A recipient of an appropriation from the trust fund or the
Minnesota future resources fund who acquires an interest in real property with the
appropriation must comply with this section. deleted text beginIf the recipient fails to comply with the
terms of this section, ownership of the interest in real property transfers to the state.
deleted text end For
the purposes of this section, "interest in real property" includes, but is not limited to, an
easement or fee title to property.

Subd. 2.

Restrictions; modification procedure.

(a) An interest in real property
acquired with an appropriation from the trust fund or the Minnesota future resources fund
must be used in perpetuity or for the specific term of an easement interest for the purpose
for which the appropriation was made.new text begin The ownership of the interest in real property
transfers to the state if: (1) the holder of the interest in real property fails to comply with
the terms and conditions of the grant agreement or work plan; or (2) restrictions are placed
on the land that preclude its use for the intended purpose as specified in the appropriation.
new text end

(b) A recipient of funding who acquires an interest in real property subject to this
section may not alter the intended use of the interest in real property or convey any interest
in the real property acquired with the appropriation without the prior review and approval
of the commissionnew text begin or its successor. The commission shall notify the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over the
trust fund or Minnesota future resources fund at least 15 business days before approval
under this paragraph
new text end. The commission shall establish procedures to review requests from
recipients to alter the use of or convey an interest in real property. These procedures shall
allow for the replacement of the interest in real property with another interest in real
property meeting the following criteria:

(1) the interest deleted text beginisdeleted text endnew text begin must benew text end at least equal in fair market value, as certified by the
commissioner of natural resources, to the interest being replaced; and

(2) the interest deleted text beginisdeleted text endnew text begin must benew text end in a reasonably equivalent location, and deleted text beginhasdeleted text endnew text begin havenew text end a
reasonably equivalent deleted text beginusefulnessdeleted text endnew text begin useful conservation purposenew text end compared to the interest
being replacednew text begin, taking into consideration all effects from fragmentation of the whole habitatnew text end.

(c) A recipient of funding who acquires an interest in real property under paragraph
(a) must separately record a notice of funding restrictions in the appropriate local
government office where the conveyance of the interest in real property is filed. The
notice of funding agreement must contain:

(1) a legal description of the interest in real property covered by the funding
agreement;

(2) a reference to the underlying funding agreement;

(3) a reference to this section; and

(4) the following statement:

"This interest in real property shall be administered in accordance with the terms,
conditions, and purposes of the grant agreement deleted text beginor work programdeleted text end controlling the
acquisition of the property. The interest in real property, or any portion of the interest in
real property, shall not be sold, transferred, pledged, or otherwise disposed of or further
encumbered without obtaining the prior written approval of the Legislative-Citizen
Commission on Minnesota Resources or its successor.new text begin The ownership of the interest in
real property transfers to the state
new text end ifnew text begin: (1)new text end the holder of the interest in real property fails to
comply with the terms and conditions of the grant agreement or work deleted text beginprogram, ownership
of the interest in real property shall transfer to this state
deleted text endnew text begin plan; or (2) restrictions are placed
on the land that preclude its use for the intended purpose as specified in the appropriation
new text end."

Sec. 7.

Minnesota Statutes 2012, section 116P.16, is amended to read:


116P.16 REAL PROPERTY INTEREST REPORT.

By December 1 each year, a recipient of an appropriation from the trust fund, that is
used for the acquisition of an interest in real property,new text begin including, but not limited to, an
easement or fee title,
new text end must submit annual reports on the status of the real property to
the Legislative-Citizen Commission on Minnesota Resourcesnew text begin or its successornew text end in a form
determined by the commission. The responsibility for reporting under this section may be
transferred by the recipient of the appropriation to another person who holds the interest
in the real property. To complete the transfer of reporting responsibility, the recipient of
the appropriation must:

(1) inform the person to whom the responsibility is transferred of that person's
reporting responsibility;

(2) inform the person to whom the responsibility is transferred of the property
restrictions under section 116P.15; and

(3) provide written notice to the commission of the transfer of reporting responsibility,
including contact information for the person to whom the responsibility is transferred.

After the transfer, the person who holds the interest in the real property is responsible for
reporting requirements under this section.

Sec. 8.

Minnesota Statutes 2012, section 116P.17, is amended to read:


116P.17 ACQUISITION OF LANDS deleted text beginTO BE CONVEYED TO THE STATE
deleted text endnew text begin OR INTEREST IN LANDSnew text end; COMMISSIONER APPROVAL.

new text begin Subdivision 1. new text end

new text begin Commissioner approval. new text end

(a) A recipient of an appropriation from
the trust fund who acquires an interest in real property must receive written approval from
the commissioner of natural resources prior to the acquisition, if the interestdeleted text begin:
deleted text end

deleted text begin (1)deleted text end is acquired in whole or in part with the appropriationdeleted text begin; and
deleted text end

deleted text begin (2) will be conveyed to the state for management by the commissionerdeleted text end.new text begin Conservation
easements to be held by the Board of Water and Soil Resources are not subject to
commissioner approval under this section.
new text end

(b) The commissioner shall approve acquisitions under this section only when the
interest in real property:

(1) is identified as a high priority by the commissionernew text begin and meets the objectives and
criteria identified in the applicable acquisition plan for the intended management status
of the property
new text end; or

(2) deleted text beginmeets the objectives and criteria identified in the applicable acquisition plan
for the intended management status of the property
deleted text endnew text begin is otherwise identified by the
commissioner as a priority for state financing
new text end.

new text begin Subd. 2. new text end

new text begin Value assessment. new text end

new text begin Prior to acquiring an interest in real property with
an appropriation from the trust fund, a recipient of an appropriation must submit the
most recent tax assessed value and most recent tax statement of the real property and the
amount the recipient plans to offer for the interest in real property to the commission and
the commissioner of natural resources. Conservation easements to be held by the Board of
Water and Soil Resources are not subject to the requirements of this section. The board
shall keep a record of the tax assessed value of the real property at the time of acquisition
and the most recent tax statement.
new text end

Sec. 9.

new text begin [116P.18] LANDS IN PUBLIC DOMAIN.
new text end

new text begin Money appropriated from the trust fund must not be used to purchase any land in
fee title or a permanent conservation easement if the land in question is fully or partially
owned by the state or a political subdivision of the state or was acquired fully or partially
with state money, unless:
new text end

new text begin (1) the purchase creates additional direct benefit to the protection, conservation,
preservation, and enhancement of the state's air, water, land, fish, wildlife, and other
natural resources; and
new text end

new text begin (2) the purchase is approved, prior to the acquisition, by an affirmative vote of
at least 12 members of the commission.
new text end