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Minnesota Legislature

Office of the Revisor of Statutes

HF 1231

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:46am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13
1.14 1.15
1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27
2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 8.36 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 9.36 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 18.35 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 19.35 20.1 20.2 20.3 20.4 20.5 20.6 20.7
20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19
20.20 20.21 20.22
20.23 20.24
20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 21.1 21.2 21.3 21.4 21.5 21.6
21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 22.36 23.1 23.2 23.3 23.4 23.5
23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28
23.29 23.30 23.31 23.32 23.33 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26
26.27 26.28 26.29 26.30 26.31 26.32 26.33 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 27.35 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 28.35 28.36 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28
29.29 29.30 29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 30.36 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 32.35 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21
33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11
34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29
34.30 34.31 34.32 34.33 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8
35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20
35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27
36.28 36.29 36.30 36.31 36.32 36.33 36.34 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16
37.17 37.18 37.19 37.20 37.21
37.22
37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 38.35 38.36 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 39.35 39.36 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 40.35 40.36 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 41.36 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9
42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12
43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 43.35 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13
44.14 44.15
44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29
44.30 44.31 44.32 44.33 44.34 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 45.35 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 50.35 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23
51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12
52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24
52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32
52.33 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32
53.33 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19
54.20 54.21
54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33
54.34 54.35 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 56.35 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 57.35 57.36 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 60.35 60.36 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 61.35 61.36 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 62.35 62.36 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 63.35 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 65.35 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31
66.32 66.33 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 67.35 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 68.35 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19
69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28
69.29 69.30 69.31 69.32 69.33 70.1 70.2 70.3 70.4
70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20
70.21 70.22
70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25
71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26
72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 72.35 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9
73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24
73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 74.35 74.36 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27
75.28 75.29 75.30 75.31 75.32 75.33 75.34 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 76.35 76.36 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17
77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 77.35 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30
78.31 78.32 78.33 78.34 78.35
79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12
79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 79.35
80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 80.35 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 81.34 81.35 82.1 82.2
82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17
82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34
83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11
83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 84.34 84.35 84.36 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15
85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17
86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 86.34 86.35 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23
87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 87.34 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21
88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 88.34 88.35 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 89.35 89.36 90.1 90.2 90.3 90.4 90.5 90.6 90.7
90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 90.34 90.35 91.1 91.2 91.3 91.4 91.5 91.6
91.7 91.8 91.9 91.10 91.11 91.12 91.13
91.14 91.15
91.16 91.17 91.18 91.19 91.20 91.21
91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 92.34 92.35 92.36 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31
93.32 93.33 93.34 93.35 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20
94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 94.33 94.34 94.35 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18
95.19 95.20 95.21 95.22
95.23 95.24
95.25 95.26 95.27 95.28
95.29 95.30 95.31 95.32
96.1 96.2 96.3 96.4 96.5
96.6 96.7 96.8 96.9 96.10 96.11
96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15
97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 97.34 97.35 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9
98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 98.34 98.35 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 99.34 99.35
99.36
100.1 100.2
100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22
100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 100.34

A bill for an act
relating to state government; appropriating money from constitutionally
dedicated funds and providing for policy and governance of outdoor heritage,
clean water, parks and trails, and arts and cultural heritage purposes; establishing
and modifying grants and funding programs; providing for advisory groups;
providing appointments; requiring reports; requiring rulemaking; amending
Minnesota Statutes 2008, sections 3.303, by adding a subdivision; 3.971, by
adding a subdivision; 17.117, subdivision 11a; 18G.11, by adding a subdivision;
84.02, by adding subdivisions; 85.53; 97A.056, subdivisions 2, 3, 6, 7, by
adding subdivisions; 103F.515, subdivisions 2, 4; 114D.50; 116G.15; 116P.05,
subdivision 2; 129D.17; 477A.12, subdivision 2; proposing coding for new law
in Minnesota Statutes, chapters 3; 84; 84C; 85; 116; 129D; 138; 477A.

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

ARTICLE 1

OUTDOOR HERITAGE FUND

Section 1. new text beginOUTDOOR HERITAGE FUND APPROPRIATIONS.
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 article. The appropriations are from the
outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
figures "2010" and "2011" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.
"The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium"
is fiscal years 2010 and 2011.
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 2010
new text end
new text begin 2011
new text end

Sec. 2. new text beginOUTDOOR HERITAGE
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 69,230,000
new text end
new text begin $
new text end
new text begin -0-
new text end

new text begin This appropriation is from the outdoor
heritage fund.
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 Subd. 2. new text end

new text begin Prairies
new text end

new text begin 14,213,000
new text end
new text begin -0-
new text end
new text begin (a) Accelerated Prairie and Grassland
Management
new text end

new text begin $1,700,000 in fiscal year 2010 is to the
commissioner of natural resources to
accelerate the restoration and enhancement
of native prairie vegetation on public
lands, including roadsides. A list of
proposed projects, describing the types and
locations of restorations and enhancements,
must be provided as part of the required
accomplishment plan. To the extent possible,
prairie restorations conducted with money
appropriated in this section must plant
vegetation or sow seed only of ecotypes
native to Minnesota, and preferably of the
local ecotype, using a high diversity of
species originating from as close to the
restoration site as possible, and protect
existing native prairies from genetic
contamination.
new text end

new text begin (b) Green Corridor Legacy Program
new text end

new text begin $1,617,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with the Southwest Initiative
Foundation or successor to acquire land
for purposes allowed under the Minnesota
Constitution, article XI, section 15, in
Redwood County to be added to the state
outdoor recreation system as defined
in Minnesota Statutes, chapter 86A. A
list of proposed fee title acquisitions
must be provided as part of the required
accomplishment plan. The commissioner
of natural resources must agree to each
proposed acquisition. No more than five
percent of this appropriation may be spent on
professional services directly related to this
appropriation's purposes.
new text end

new text begin (c) Prairie Heritage Fund ? Acquisition and
Restoration
new text end

new text begin $3,000,000 in fiscal year 2010 is to the
commissioner of natural resources for
an agreement with Pheasants Forever or
successor to acquire and restore land to
be added to the state wildlife management
area system. A list of proposed fee title
acquisitions and a list of proposed restoration
projects, describing the types and locations
of restorations, must be provided as part
of the required accomplishment plan. The
commissioner of natural resources must
agree to each proposed acquisition. To
the extent possible, prairie restorations
conducted with money appropriated in this
section must plant vegetation or sow seed
only of ecotypes native to Minnesota, and
preferably of the local ecotype, using a high
diversity of species originating from as
close to the restoration site as possible, and
protect existing native prairies from genetic
contamination.
new text end

new text begin (d) Accelerated Prairie Grassland Wildlife
Management Area Acquisition
new text end

new text begin $3,913,000 in fiscal year 2010 is to the
commissioner of natural resources to
acquire land for wildlife management areas
with native prairie or grassland habitats.
A list of proposed fee title acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (e) Northern Tall Grass Prairie National
Wildlife Refuge Protection
new text end

new text begin $1,583,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with the United States Fish
and Wildlife Service to acquire land or
permanent easements within the Northern
Tall Grass Prairie Habitat Preservation Area
in western Minnesota. The commissioner
may advance funds to the United States Fish
and Wildlife Service. A list of proposed fee
title and permanent easement acquisitions
must be provided as part of the required
accomplishment plan. Land acquired for
these purposes must remain in the possession
of a state or local government or private party
based in Minnesota; a permanent easement
may be granted.
new text end

new text begin (f) Bluffland Prairie Protection Initiative
new text end

new text begin $500,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with the Minnesota Land Trust or
successor to acquire permanent easements
protecting critical prairie and grassland
habitats in the blufflands in southeastern
Minnesota. A list of proposed fee title
and permanent easement acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (g) Rum River ? Cedar Creek Initiative
new text end

new text begin $1,900,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with Anoka County to acquire
land at the confluence of the Rum River and
Cedar Creek in Anoka County. Acquired
land must remain open to hunting and
fishing, consistent with the capacity of the
land, during the open season, as determined
by the commissioner of natural resources.
This is the first of two planned appropriations
for this acquisition.
new text end

new text begin Subd. 3. new text end

new text begin Forests
new text end

new text begin 20,000,000
new text end
new text begin -0-
new text end

new text begin $20,000,000 in fiscal year 2010 is to the
commissioner of natural resources to acquire
land or permanent working forest easements
on private forests in areas identified through
the state forest for the future program.
Priority must be given to acquiring land
or interests in private lands within existing
Minnesota state forest boundaries. Any
easements acquired must have a forest
management plan as described in Minnesota
Statutes, section 290C.02, subdivision 7.
A list of proposed fee title and easement
acquisitions must be provided as part of
the required accomplishment plan. The
appropriation is available for closings taking
place after April 30, 2010. This is the first of
two planned appropriations for this program.
The commissioner shall, prior to acquiring
land or interests under this provision, certify
in writing that sound management of such
land is assured, and sufficient assurance is
contained in the legally binding language of
any agreement. This written determination
by the commissioner shall be published in
the State Register.
new text end

new text begin Subd. 4. new text end

new text begin Wetlands
new text end

new text begin 20,536,000
new text end
new text begin -0-
new text end
new text begin (a) Accelerated Wildlife Management Area
Acquisition
new text end

new text begin $2,900,000 in fiscal year 2010 is to the
commissioner of natural resources to
acquire land for wildlife management areas.
A list of proposed fee title acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (b) Accelerated Shallow Lake Restorations and
Enhancements
new text end

new text begin $2,528,000 in fiscal year 2010 is to the
commissioner of natural resources for
an agreement with Ducks Unlimited,
Inc. or successor to restore and enhance
shallow lake habitats. Up to $400,000
of this appropriation may be used for
permanent easements related to shallow
lake restorations and enhancements. A
list of proposed easements and projects,
describing the types and locations of
easements, restorations, and enhancements,
must be provided as part of the required
accomplishment plan. The commissioner
of natural resources must agree to each
easement, restoration, and enhancement.
new text end

new text begin (c) Accelerate the Waterfowl Production Area
Program in Minnesota
new text end

new text begin $5,600,000 in fiscal year 2010 is to the
commissioner of natural resources for
an agreement with Pheasants Forever or
successor to acquire and restore wetland and
related upland habitats, in cooperation with
the United States Fish and Wildlife Service
and Ducks Unlimited, Inc. or successor to
be managed as waterfowl production areas.
A list of proposed acquisitions and a list of
proposed projects, describing the types and
locations of restorations, must be provided as
part of the required accomplishment plan.
new text end

new text begin (d) Shallow Lake Critical Shoreland
new text end

new text begin $450,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with Ducks Unlimited, Inc. or
successor to protect habitat by acquiring
land associated with shallow lakes. A list of
proposed acquisitions must be provided as
part of the required accomplishment plan.
The commissioner of natural resources must
agree to each proposed acquisition.
new text end

new text begin (e) Reinvest in Minnesota Wetlands Reserve
Program Acquisition and Restoration
new text end

new text begin $9,058,000 in fiscal year 2010 is to the Board
of Water and Soil Resources to acquire
permanent easements and restore wetlands
and associated uplands in cooperation with
the United States Department of Agriculture
Wetlands Reserve Program. A list of
proposed acquisitions and a list of proposed
projects, describing the types and locations
of restorations, must be provided as part of
the required accomplishment plan.
new text end

new text begin Subd. 5. new text end

new text begin Fish, Game, and Wildlife Habitat
new text end

new text begin 13,903,000
new text end
new text begin -0-
new text end
new text begin (a) Outdoor Heritage Conservation Partners
Grant Program
new text end

new text begin $4,000,000 in fiscal year 2010 is to the
commissioner of natural resources to
provide competitive, matching grants of up to
$400,000 to local, regional, state, and national
organizations, including government, for
enhancement, restoration, or protection of
forests, wetlands, prairies, and habitat for
fish, game, or wildlife in Minnesota. Up
to 2-1/2 percent of this appropriation may
be used for administering the grant. The
funds may be advanced in three equal sums,
on or after November 1, 2009, February
1, 2010, and April 1, 2010. Grantees may
protect land through acquisition of land
or interests in land. Easements must be
permanent. Land acquired in fee must
be open to hunting and fishing during the
open season unless otherwise provided by
state law. The commissioner of natural
resources must agree to each proposed
acquisition of land or interest in land. The
program shall require a match of at least
$1 nonstate funds to $10 state funds. The
nonstate dollars match may be in-kind. The
criteria for evaluating grant applications
must include amount of habitat restored,
enhanced, or protected; local support; degree
of collaboration; urgency; multiple benefits;
habitat benefits provided; consistency with
sound conservation science; adjacency to
protected lands; full funding of the project;
supplementing existing funding; public
access for hunting and fishing during the
open season; sustainability; and use of native
plant materials. All projects must conform
to the Minnesota statewide conservation and
preservation plan. Wildlife habitat projects
must also conform to the state wildlife action
plan. Priority shall be given to projects
acquiring land or easements associated
with existing wildlife management areas.
All restoration or enhancement projects
must be on land permanently protected by
conservation easement or public ownership.
To the extent possible, prairie restorations
conducted with money appropriated in this
section must plant vegetation or sow seed
only of ecotypes native to Minnesota, and
preferably of the local ecotype, using a high
diversity of species originating from as
close to the restoration site as possible, and
protect existing native prairies from genetic
contamination. Subdivision 10 applies to
grants awarded under this paragraph. This
appropriation is available until June 30,
2013, at which time all grant projects must
be completed and final products delivered,
unless an earlier date is specified in the grant
agreement. No less than 15 percent of the
amount of each grant must be held back from
reimbursement until the grant recipient has
completed a grant accomplishment report in
the form prescribed by and satisfactory to the
Outdoor Heritage Council.
new text end

new text begin (b) Aquatic Management Area Acquisition
new text end

new text begin $5,748,000 in fiscal year 2010 is to the
commissioner of natural resources to acquire
land in fee title and easement to be added to
the state aquatic management area system.
Acquired land must remain open to hunting
and fishing, consistent with the capacity
of the land, during the open season, as
determined by the commissioner of natural
resources. A list of proposed fee title and
easement acquisitions must be provided as
part of the required accomplishment plan.
new text end

new text begin (c) Cold Water River and Stream Restoration,
Protection, and Enhancement
new text end

new text begin $2,050,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with Trout Unlimited or successor
to restore, enhance, and protect cold water
river and stream habitats in Minnesota. A
list of proposed acquisitions and a list of
proposed projects, describing the types and
locations of restorations and enhancements,
must be provided as part of the required
accomplishment plan. The commissioner
of natural resources must agree to each
proposed acquisition, restoration, and
enhancement.
new text end

new text begin (d) Dakota County Habitat Protection
new text end

new text begin $1,000,000 in fiscal year 2010 is to the
commissioner of natural resources for
an agreement with Dakota County for
acquisition of permanent easements. A list
of proposed acquisitions must be provided as
part of the required accomplishment plan.
new text end

new text begin (e) Lake Rebecca Water Quality Improvement
Project
new text end

new text begin $450,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with the Three Rivers Park
District to improve the water quality in Lake
Rebecca in Lake Rebecca Park Reserve
in Hennepin County. A description of the
activities to enhance fish habitat in Lake
Rebecca must be provided as part of the
required accomplishment plan.
new text end

new text begin (f) Fountain Lake Fish Barriers
new text end

new text begin $655,000 in fiscal year 2010 is to the
commissioner of natural resources for
an agreement with the Shell Rock River
Watershed District to construct fish barriers
at three locations on Fountain Lake. Land
acquisition necessary for fish barrier
construction is permitted. A list of proposed
projects, describing the types and locations
of barriers, must be provided as part of
the required accomplishment plan. The
commissioner of natural resources must
agree to each proposed barrier.
new text end

new text begin Subd. 6. new text end

new text begin Administration and Other
new text end

new text begin 578,000
new text end
new text begin -0-
new text end
new text begin (a) Contract Management
new text end

new text begin $175,000 in fiscal year 2010 is to the
commissioner of natural resources for
contract management in fiscal years 2010
and 2011 for duties assigned in this section.
new text end

new text begin (b) Legislative Coordinating Commission
new text end

new text begin $403,000 in fiscal year 2010 is to the
Legislative Coordinating Commission for
administrative expenses of the Outdoor
Heritage Council and for compensation and
expense reimbursement of council members.
Up to $100,000 may be transferred to the
water recreation account as reimbursement
for advances to the Outdoor Heritage Council
made in fiscal year 2009. No more than 1.25
full-time equivalent staff positions may be
created with these funds. Excess funds not
required for the purposes of this section shall
be returned by the Legislative Coordinating
Commission.
new text end

new text begin Subd. 7. new text end

new text begin Availability of Appropriation
new text end

new text begin Unless otherwise provided, the amounts in
this section are available until June 30, 2011,
when projects must be completed and final
accomplishments reported. For acquisition
of an interest in real property, the amounts in
this section are available until June 30, 2012.
If a project receives federal funds, the time
period of the appropriation is extended to
equal the availability of federal funding.
new text end

new text begin Subd. 8. new text end

new text begin Cash Advances
new text end

new text begin When the project authorized under
subdivision 3 would be impeded by projected
cash deficiencies resulting from delays in
the receipt of dedicated income, and when
the deficiencies would be corrected within
fiscal year 2010, the commissioner of finance
may use fund-level cash reserves to meet
cash demands of the project. If funds are
transferred from the general fund to meet
cash flow needs, the cash flow transfers must
be returned to the general fund as soon as
sufficient cash balances are available in the
outdoor heritage fund. Any interest earned
on general fund cash flow transfers accrues
to the general fund and not to the outdoor
heritage fund.
new text end

new text begin Subd. 9. new text end

new text begin Accomplishment Plans
new text end

new text begin It is a condition of acceptance of the
appropriations made by this section that the
agency or entity using the appropriation shall
submit to the council an accomplishment
plan and periodic accomplishment reports in
the form determined by the Outdoor Heritage
Council. The accomplishment plan must
account for the use of the appropriation and
outcomes of the expenditure in measures of
wetlands, prairies, forests, and fish, game,
and wildlife habitat restored, protected, and
enhanced. The plan must include evaluation
of results. None of the money provided
in this section may be expended unless
the council has approved the pertinent
accomplishment plan.
new text end

new text begin Subd. 10. new text end

new text begin Project Requirements
new text end

new text begin (a) As a condition of accepting an
appropriation in this section, any agency or
entity receiving an appropriation must, for
any project funded in whole or in part with
funds from the appropriation:
new text end

new text begin (1) plant vegetation or sow seed only
of ecotypes native to Minnesota, and
preferably of the local ecotype, using a
high diversity of species originating from
as close to the restoration site as possible,
and protect existing native prairies from
genetic contamination, to the extent possible
if conducting prairie restorations is a
component of the accomplishment plan;
new text end

new text begin (2) provide that all easements:
new text end

new text begin (i) are permanent;
new text end

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

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

new text begin (iv) are sent to the office of the Outdoor
Heritage Council; and
new text end

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

new text begin (3) for all restorations, 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 shall include
the proposed timetable for implementing
the restoration, including, but not limited
to, 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 use the
best available science to achieve the best
restoration;
new text end

new text begin (4) for new lands acquired, prepare a
restoration and management plan in
compliance with clause (3), including
identification of sufficient funding for
implementation;
new text end

new text begin (5) to ensure public accountability for the
use of public funds, provide to the Outdoor
Heritage Council 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 shall also report to
the Outdoor Heritage Council any difference
between the acquisition amount paid to the
seller and the state-certified or state-reviewed
appraisal. Acquisition data such as appraisals
may remain private during negotiations but
must ultimately be made public according to
Minnesota Statutes, chapter 13;
new text end

new text begin (6) provide that all restoration and
enhancement projects are on land
permanently protected by conservation
easement or public ownership;
new text end

new text begin (7) to the extent the appropriation is used to
acquire an interest in real property, provide
to the Outdoor Heritage Council and the
commissioner of finance an analysis of
increased operations and maintenance costs
likely to be incurred by public entities as
a result of the acquisition and of how these
costs may be paid for; and
new text end

new text begin (8) give consideration to and make
timely written contact with the Minnesota
Conservation Corps for consideration of
possible use of their services to contract for
restoration and enhancement services.
new text end

new text begin Subd. 11. 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. Payments for
reimbursement may not be made before
November 1, 2009. Notwithstanding
Minnesota Statutes, section 16A.41,
expenditures directly related to each
appropriation's purpose made on or after July
1, 2009, 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 accomplishment
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 to match federal share.
The advances must be approved as part of
the accomplishment plan. Capital equipment
expenditures in excess of $10,000 must be
approved as part of the accomplishment plan.
new text end

new text begin Subd. 12. 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 in this section must use the
appropriation in compliance with Minnesota
Statutes, sections 16B.121, regarding
purchase of recycled, repairable, and durable
materials, and 16B.122, regarding purchase
and use of paper stock and printing.
new text end

new text begin Subd. 13. 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. 14. new text end

new text begin Land Acquisition Restrictions
new text end

new text begin (a) An interest in real property, including but
not limited to an easement or fee title, that
is acquired with money appropriated under
this section 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 end

new text begin (b) A recipient of funding who acquires
an interest in real property subject to this
subdivision 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 Outdoor Heritage
Council or its successor. The council 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:
new text end

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

new text begin (2) the interest is in a reasonably equivalent
location and has a reasonably equivalent
useful conservation purpose compared to the
interest being replaced.
new text end

new text begin (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:
new text end

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

new text begin (2) a reference to the underlying funding
agreement;
new text end

new text begin (3) a reference to this section; and
new text end

new text begin (4) the following statement: "This interest
in real property shall be administered in
accordance with the terms, conditions, and
purposes of the grant agreement 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 Outdoor Heritage
Council or its successor. If the holder of
the interest in real property fails to comply
with the terms and conditions of the grant
agreement or work program, ownership of
the interest in real property shall transfer to
the state."
new text end

new text begin Subd. 15. new text end

new text begin Real Property Interest Report
new text end

new text begin By December 1 each year, a recipient of
money appropriated under this section that
is used for the acquisition of an interest
in real property, including but not limited
to an easement or fee title, must submit
annual reports on the status of the real
property to the Outdoor Heritage Council
or its successor in a form determined by the
council. The responsibility for reporting
under this section may be transferred by
the recipient of the appropriation to another
person or entity that holds the interest in the
real property. To complete the transfer of
reporting responsibility, the recipient of the
appropriation must:
new text end

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

new text begin (2) inform the person to whom the
responsibility is transferred of the property
restrictions under subdivision 14; and
new text end

new text begin (3) provide written notice to the council of the
transfer of reporting responsibility, including
contact information for the person to whom
the responsibility is transferred. Before the
transfer, the entity receiving the transfer of
property must certify to the Outdoor Heritage
Council, or its successor, acceptance of all
obligations and responsibilities held by the
prior owner.
new text end

new text begin After the transfer, the person or entity that
holds the interest in the real property is
responsible for reporting requirements under
this section.
new text end

new text begin Subd. 16. new text end

new text begin Reports to Finance
new text end

new text begin All reports submitted to the Outdoor Heritage
Council by recipients of money appropriated
under this section must also submit the
reports to the commissioner of finance. The
commissioner must maintain a Web site
with a searchable data base providing the
public with information on expenditures
from the outdoor heritage fund. To the extent
practical the commissioner must use systems
developed to track expenditure of federal
money under the American Recovery and
Reinvestment Act to track expenditures from
the outdoor heritage fund.
new text end

Sec. 3. new text beginLEGISLATURE.
new text end

new text begin $
new text end
new text begin 117,000
new text end
new text begin $
new text end
new text begin 165,000
new text end

new text begin $54,000 the first year and $36,000 the second
year are for the Legislative Coordinating
Commission to fulfill the duties required
under Minnesota Statutes, section 3.303,
subdivision 10.
new text end

new text begin $63,000 the first year and $63,000 the second
year are for the legislative auditor to conduct
restoration audits under Minnesota Statutes,
section 3.971, subdivision 9, and $66,000
the second year is for program and financial
audits.
new text end

Sec. 4. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor shall remove all references to the "Lessard Outdoor Heritage Council" in
Minnesota Statutes, and replace those references with "Outdoor Heritage Council."
new text end

ARTICLE 2

CLEAN WATER FUND

Section 1. new text beginCLEAN WATER FUND APPROPRIATIONS.
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 article. The appropriations are from the
clean water fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2010" and "2011" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2010,
or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is
fiscal year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the
fiscal year ending June 30, 2009, are effective the day following final enactment. All
appropriations in this article are onetime only.
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 2010
new text end
new text begin 2011
new text end

Sec. 2. new text beginDEPARTMENT OF AGRICULTURE
new text end

new text begin $
new text end
new text begin 3,414,000
new text end
new text begin $
new text end
new text begin 5,850,000
new text end

new text begin (a) $339,000 the first year is to intensively
monitor and analyze three sub-watersheds
for changes in agricultural runoff related to
land management practices and evaluate best
management practices in sub-watersheds
within the Root River Watershed in
southeastern Minnesota. The commissioner
shall submit a report on the use of this
appropriation to the chairs of the house of
representatives and senate committees with
jurisdiction over agriculture, agriculture
finance, environment and natural resources,
and environment and natural resources
finance by January 15, 2012. This
appropriation is available until spent.
new text end

new text begin (b) $325,000 the first year and $350,000 the
second year are to increase monitoring for
pesticides and pesticide degradates in surface
water and groundwater and to use data
collected to assess pesticide use practices.
new text end

new text begin (c) $375,000 the first year and $750,000
the second year are to increase drinking
water protection from agricultural chemicals,
primarily nitrates.
new text end

new text begin (d) $875,000 the first year and $1,750,000
the second year are for research, pilot
projects, and technical assistance related to
ways agricultural practices can contribute
to restoring impaired waters. Of this
amount, $330,000 the first year and
$330,000 the second year may be used
for technical assistance and grants to
establish a conservation drainage program
in consultation with the Board of Water and
Soil Resources and the drainage workgroup
that consists of pilot projects to retrofit
existing drainage systems with water quality
improvement practices, evaluate outcomes,
and provide outreach to landowners, public
drainage authorities, drainage engineers and
contractors, and others.
new text end

new text begin (e) $1,000,000 the first year and $2,500,000
the second year are for the agricultural best
management practices loan program. At
least $965,000 the first year and at least
$2,400,000 the second year are for transfer
to the agricultural best management practices
loan account created pursuant to Minnesota
Statutes, section 17.117, subdivision 5a,
and are available for pass-through to local
governments and lenders for low-interest
loans. Loans under this paragraph are to be
repaid to the clean water fund established
under the Minnesota Constitution, article XI,
section 15.
new text end

new text begin (f) $500,000 the first year and $500,000 the
second year are for a transfer to the Board of
Water and Soil Resources for feedlot water
quality improvement grants to operations
with 300 or fewer animal units and prioritized
by pollution prevention potential. The board
shall give priority consideration to projects
that leverage federal or other nonstate funds
or contributions and to projects that address
high-priority needs identified in local water
management plans. These amounts are in
addition to any amount recommended by
another committee for feedlot water quality
improvement grants.
new text end

Sec. 3. new text beginPUBLIC FACILITIES AUTHORITY
new text end

new text begin $
new text end
new text begin 8,125,000
new text end
new text begin $
new text end
new text begin 17,250,000
new text end

new text begin (a) $5,000,000 the first year and $10,000,000
the second year are for the total maximum
daily load grant program under Minnesota
Statutes, section 446A.073. This
appropriation is available until spent.
new text end

new text begin (b) $2,500,000 the first year and $5,000,000
the second year are for the clean water legacy
phosphorus reduction grant program under
Minnesota Statutes, section 446A.074. This
appropriation is available until spent.
new text end

new text begin (c) $125,000 the first year and $250,000 the
second year are for the small community
wastewater treatment program for technical
assistance grants under Minnesota Statutes,
section 446A.075. This appropriation is
available until spent.
new text end

new text begin (d) $500,000 the first year and $2,000,000
the second year are for the small community
wastewater treatment program for
reconstruction loans and grants under
Minnesota Statutes, section 446A.075. This
appropriation is available until spent.
new text end

Sec. 4. new text beginPOLLUTION CONTROL AGENCY
new text end

new text begin $
new text end
new text begin 16,503,000
new text end
new text begin $
new text end
new text begin 23,688,000
new text end

new text begin (a) $9,000,000 the first year and $9,000,000
the second year are to develop total maximum
daily load (TMDL) studies and TMDL
implementation plans for waters listed on
the United States Environmental Protection
Agency approved impaired waters list in
accordance with Minnesota Statutes, chapter
114D. The agency shall complete an average
of ten percent of the TMDLs each year over
the biennium.
new text end

new text begin (b) $500,000 the first year and $1,188,000
the second year are for development of an
enhanced TMDL database to manage and
track progress. Of this amount, $63,000 the
first year is to promulgate rules.
new text end

new text begin (c) $1,500,000 the first year and $3,500,000
the second year are for grants under
Minnesota Statutes, section 116.195, to
political subdivisions for up to 50 percent
of the costs to predesign, design, and
implement capital projects that use treated
municipal wastewater instead of groundwater
from drinking water aquifers, in order to
demonstrate the beneficial use of wastewater,
including the conservation and protection of
water resources.
new text end

new text begin (d) $750,000 the first year and $1,500,000 the
second year are for groundwater assessment
and drinking water protection to include:
new text end

new text begin (1) the installation and sampling of at least
30 new monitoring wells;
new text end

new text begin (2) the analysis of samples from at least 40
shallow monitoring wells each year for the
presence of endocrine disrupting compounds;
and
new text end

new text begin (3) the completion of at least four to
five groundwater models for TMDL and
watershed plans.
new text end

new text begin (e) $348,000 the first year is to retest the
comprehensive assessment of the biological
conditions of the lower Minnesota River and
its tributaries within the Lower Minnesota
River Major Watershed, as previously
assessed from 1976 to 1992 under the
Minnesota River Assessment Project
(MRAP). The assessment must include the
same fish species sampling at the same 116
locations and the same macroinvertebrate
sampling at the same 41 locations as the
MRAP assessment. The assessment must:
new text end

new text begin (1) include an analysis of the findings; and
new text end

new text begin (2) identify factors that limit aquatic life in
the Minnesota River.
new text end

new text begin (f) $2,500,000 the first year and $7,500,000
the second year are for the clean water
partnership program. Priority shall be given
to projects preventing impairments and
degradation of lakes, rivers, streams, and
groundwater in accordance with Minnesota
Statutes, section 114D.20, subdivision 2,
clause (4). Any balance remaining in the first
year does not cancel and is available for the
second year.
new text end

new text begin (g) $1,000,000 the first year is to establish a
network of water monitoring sites in public
waters adjacent to wastewater treatment
facilities across the state to assess levels of
endocrine-disrupting compounds, antibiotic
compounds, and pharmaceuticals as required
in this article.
new text end

new text begin (h) $155,000 the first year is to provide
notification of the potential for coal tar
contamination, establish a storm water
pond inventory schedule, and develop
best management practices for treating
and cleaning up contaminated sediments
as required in this article. $1,000,000 the
second year is to develop a model ordinance
for the restricted use of undiluted coal tar
sealants and to provide grants to local units of
government for up to 50 percent of the costs
to implement best management practices to
treat or clean up contaminated sediments
in storm water ponds and other waters as
defined under this article. Local governments
must have adopted an ordinance for the
restricted use of undiluted coal tar sealants
in order to be eligible for a grant, unless a
statewide restriction has been implemented.
A grant awarded under this paragraph must
not exceed $100,000.
new text end

new text begin (i) $750,000 in fiscal year 2010 is for a
restoration project in the lower St. Louis
River and Duluth harbor.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts
in this subdivision are available until June
30, 2013.
new text end

Sec. 5. new text beginDEPARTMENT OF NATURAL
RESOURCES
new text end

new text begin $
new text end
new text begin 5,208,000
new text end
new text begin $
new text end
new text begin 9,566,000
new text end

new text begin (a) $1,050,000 the first year and $1,665,000
the second year are for work assisting in
water quality assessment, total maximum
daily load study and implementation, and
watershed restoration and protection.
new text end

new text begin (b) $375,000 the first year and $750,000 the
second year are for drinking water planning
and protection activities.
new text end

new text begin (c) $950,000 the second year is for work
assisting in water quality assessment,
total maximum daily load study and
implementation, and watershed restoration
and protection in accordance with Minnesota
Statutes, chapter 114D.
new text end

new text begin (d) $1,058,000 the first year and $1,601,000
the second year are for work assisting in
water quality assessment, total maximum
daily load study and implementation, and
watershed restoration and protection in
accordance with Minnesota Statutes, chapter
114D.
new text end

new text begin (e) $2,500,000 the first year and $2,500,000
the second year are to acquire and distribute
high-resolution digital elevation data to be
used to predict water and sediment flows,
and for planning and installation measures
to clean up impaired waters. The data will
be collected for areas of the state that have
not acquired such data prior to January
1, 2007, or to complete acquisition and
distribution of the data for those areas of
the state that have not previously received
state funds for acquiring and distributing
the data. The distribution of data acquired
under this paragraph must be conducted
under the auspices of the Land Management
Information Center or its successor, which
shall receive 2.5 percent of the appropriation
in this paragraph to support coordination of
data acquisition and distribution. Mapping
and data set distribution under this paragraph
must be completed within three years of
funds availability. The commissioner shall
utilize department staff whenever possible.
The commissioner may contract for services
only if they cannot otherwise be provided
by the department. If the commissioner
contracts for services with this appropriation
and any of the work done under the contract
will be done outside of the United States, the
commissioner must report to the chairs of the
house of representatives and senate finance
committees on the proposed contract at least
30 days before entering into the contract. The
report must include an analysis of why the
contract with the selected contractor provides
the state with "best value," as defined in
Minnesota Statutes, section 16C.02; any
alternatives to the selected contractor that
were considered; what data will be provided
to the contractor, including the data that
will be transmitted outside of the United
States; what security measures will be
taken to ensure that the data is treated in
accordance with the Minnesota Government
Data Practices Act; and what remedies will
be available to the state if the data is not
treated in accordance with the Minnesota
Government Data Practices Act.
new text end

new text begin (f) $225,000 the first year and $225,000
the second year are to adopt rules for the
Mississippi River corridor critical area
under Minnesota Statutes, section 116G.15.
The commissioner shall begin rulemaking
under chapter 14 no later than January 15,
2010. At least 30 days prior to beginning
the rulemaking, the commissioner shall
notify local units of government within the
Mississippi River corridor critical area of
the intent to adopt rules. The local units of
government shall make reasonable efforts to
notify the public of the contact information
for the appropriate department staff. The
commissioner shall maintain an e-mail
list of interested parties to provide timely
information about the proposed schedule
for rulemaking, opportunities for public
comment, and contact information for the
appropriate department staff.
new text end

new text begin (g) $1,875,000 the second year is
to investigate physical and recharge
characteristics as part of the collection
and interpretation of subsurface geological
information and acceleration of the county
geologic atlas program. This appropriation
represents a continuing effort to complete
the county geologic atlases throughout the
state in order to provide information and
assist in planning for the sustainable use
of ground and surface water that does not
harm ecosystems, degrade water quality, or
compromise the ability of future generations
to meet their own needs. This appropriation
is available until December 31, 2014.
new text end

Sec. 6. new text beginBOARD OF WATER AND SOIL
RESOURCES
new text end

new text begin $
new text end
new text begin 7,000,000
new text end
new text begin $
new text end
new text begin 18,424,000
new text end

new text begin (a) $1,500,000 the first year and $5,000,000
the second year are to purchase and restore
permanent conservation easements on
riparian buffers of up to 100 feet adjacent
to public waters, excluding wetlands, to
keep water on the land in order to decrease
sediment, pollutant and nutrient transport,
reduce hydrologic impacts to surface waters,
and increase infiltration for groundwater
recharge. The riparian buffers must be
at least 50 feet unless there is a natural
impediment, a road, or other impediment
beyond the control of the landowner. This
appropriation may be used for restoration
of riparian buffers protected by easements
purchased with this appropriation and for
stream bank restorations when the riparian
buffers have been restored. Up to five
percent may be used for administration of
this program.
new text end

new text begin (b) $1,500,000 the first year and $4,424,000
the second year are for grants to watershed
districts and watershed management
organizations for: (i) structural or vegetative
management practices that reduce storm
water runoff from developed or disturbed
lands to reduce the movement of sediment,
nutrients, and pollutants or to leverage
federal funds for restoration, protection, or
enhancement of water quality in lakes, rivers,
and streams and to protect groundwater
and drinking water; and (ii) the installation
of proven and effective water retention
practices including, but not limited to, rain
gardens and other vegetated infiltration
basins and sediment control basins in order
to keep water on the land. The projects
must be of long-lasting public benefit,
include a local match, and be consistent with
TMDL implementation plans or local water
management plans. Watershed district and
watershed management organization staff
and administration may be used for local
match. Priority may be given to school
projects that can be used to demonstrate
water retention practices. Up to five percent
may be used for administering the grants.
new text end

new text begin (c) $1,500,000 the first year and $4,500,000
the second year are for nonpoint source
pollution reduction and restoration
grants to watershed districts, watershed
management organizations, and soil and
water conservation districts for grants in
addition to grants available under paragraphs
(a) and (b) to keep water on the land and
to protect, enhance, and restore water
quality in lakes, rivers, and streams, and
to protect groundwater and drinking water.
The projects must be of long-lasting public
benefit, include a local match, and be
consistent with TMDL implementation plans
or local water management plans. Up to five
percent may be used for administering the
grants.
new text end

new text begin (d) $500,000 the first year and $1,500,000 the
second year are for permanent conservation
easements on wellhead protection areas
under Minnesota Statutes, section 103F.515,
subdivision 2, paragraph (d). Priority must
be placed on land that is located where
the vulnerability of the drinking water
supply management area, as defined under
Minnesota Rules, part 4720.5100, subpart
13, is designated as high or very high by the
commissioner of health.
new text end

new text begin (e) $1,000,000 the first year and $2,000,000
the second year are for feedlot water quality
improvement grants for feedlots under 300
animal units on riparian land, to include
water quality assessment to determine the
effectiveness of the grants in protecting,
enhancing, and restoring water quality in
lakes, rivers, and streams, and in protecting
groundwater from degradation.
new text end

new text begin (f) $1,000,000 the first year and $1,000,000
the second year are for grants to implement
stream bank, stream channel, and lakeshore,
line protection, and restoration projects to
protect water quality.
new text end

new text begin The board shall contract for services with
the Minnesota Conservation Corps for
restoration, maintenance, and other activities
under this section for at least $500,000 the
first year and $500,000 the second year.
new text end

new text begin The board may shift grant or cost-share funds
in this section and may adjust the technical
and administrative assistance portion of the
funds to leverage federal or other nonstate
funds or to address oversight responsibilities
or high-priority needs identified in local
water management plans.
new text end

new text begin The board shall give priority consideration
to projects and practices that complement,
supplement, or exceed current state standards
for protection, enhancement, and restoration
of water quality in lakes, rivers, and streams
or that protect groundwater from degradation.
new text end

new text begin To the extent possible, any restoration
conducted with money appropriated in this
section must plant vegetation or sow seed
only of ecotypes native to Minnesota, and
preferably of the local ecotype, using a high
diversity of species originating from as
close to the restoration site as possible, and
protect existing native prairies from genetic
contamination.
new text end

new text begin The board shall submit a report on the
expenditure and use of money appropriated
under this section to the chairs of the house
of representatives and senate committees
with jurisdiction over environment and
natural resources and environment and
natural resources finance by March 1 of
each year. The report must provide detail
on: the expenditure of funds, including
maps; the effectiveness of the expenditures
in protecting, enhancing, and restoring water
quality in lakes, rivers, and streams and
protecting groundwater from degradation;
and the effectiveness of the expenditures in
keeping water on the land.
new text end

Sec. 7. new text beginDEPARTMENT OF HEALTH
new text end

new text begin $
new text end
new text begin 1,250,000
new text end
new text begin $
new text end
new text begin 2,500,000
new text end

new text begin (a) $805,000 the first year and $1,610,000
the second year are for protection of drinking
water sources, including assisting 30 or
more communities in fiscal year 2010 and
60 or more communities in fiscal year 2011
with the development and implementation
of community source water protection plans
before new community wells are installed,
and awarding ten or more communities in
fiscal year 2010 and 20 or more communities
in fiscal year 2011 with source water
protection implementation grants.
new text end

new text begin (b) $445,000 the first year and $890,000
the second year are for addressing public
health concerns related to contaminants
found in Minnesota drinking water for which
no health-based drinking water standard
exists. The commissioner shall characterize
and issue health-based guidance for three or
more additional unregulated drinking water
contaminants in fiscal year 2010, and seven
or more additional unregulated drinking
water contaminants in fiscal year 2011.
new text end

Sec. 8. new text beginUNIVERSITY OF MINNESOTA
new text end

new text begin $
new text end
new text begin 750,000
new text end
new text begin $
new text end
new text begin 820,000
new text end

new text begin (a) $820,000 the second year is for the
geological survey to continue and to initiate
the production of county geologic atlases.
This appropriation represents a continuing
effort to complete the county geologic atlases
throughout the state in order to provide
information and assist in planning for the
sustainable use of ground and surface water
that does not harm ecosystems, degrade
water quality, or compromise the ability
of future generations to meet their own
needs. This appropriation is available until
December 31, 2014.
new text end

new text begin (b) $750,000 the first year is to develop the
comprehensive statewide sustainable water
resources ten-year plan and 25-year detailed
framework in article 5.
new text end

Sec. 9. new text beginLEGISLATURE
new text end

new text begin $
new text end
new text begin 117,000
new text end
new text begin $
new text end
new text begin 165,000
new text end

new text begin (a) $54,000 the first year and $36,000
the second year are for the Legislative
Coordinating Commission to fulfill the duties
as required under Minnesota Statutes, section
3.303, subdivision 10.
new text end

new text begin (b) $63,000 the first year and $63,000 the
second year are for the legislative auditor to
conduct restoration audits under Minnesota
Statutes, section 3.971, subdivision 9, and
$66,000 the second year is for program and
financial audits.
new text end

Sec. 10.

Minnesota Statutes 2008, section 17.117, subdivision 11a, is amended to read:


Subd. 11a.

Eligible projects.

All projects that remediate or mitigate adverse
environmental impacts are eligible if:

(1) the project is eligible under the allocation agreement and funding sources
designated by the local government unit to finance the project; and

(2) manure management projects remediate or mitigate impacts from facilities with
less than 1,000 animal units as defined in Minnesota Rules, chapter 7020.

new text begin The purchase of variable rate fertilizer application machinery or equipment is an
eligible project if the machinery or equipment is capable of precision-applying three
or more products simultaneously and the person commits to using the machinery or
equipment in this state for at least five years. The maximum loan amount for this purpose
is $100,000.
new text end

Sec. 11.

Minnesota Statutes 2008, section 103F.515, subdivision 2, is amended to read:


Subd. 2.

Eligible land.

(a) Land may be placed in the deleted text beginconservationdeleted text endnew text begin reinvest in
Minnesota
new text end reserve program if the land meets the requirements of paragraphs (b) and
(c)new text begin or paragraph (d)new text end.

(b) Land is eligible if the land:

(1) is marginal agricultural land;

(2) is adjacent to marginal agricultural land and is either beneficial to resource
protection or necessary for efficient recording of the land description;

(3) consists of a drained wetland;

(4) is land that with a windbreak new text beginor water quality improvement practice new text endwould be
beneficial to resource protection;

(5) is land in a sensitive groundwater area;

(6) is riparian land;

(7) is cropland or noncropland adjacent to restored wetlands to the extent of up to
four acres of cropland or one acre of noncropland for each acre of wetland restored;

(8) is a woodlot on agricultural land;

(9) is abandoned building site on agricultural land, provided that funds are not used
for compensation of the value of the buildings; or

(10) is land deleted text beginon a hillsidedeleted text end used for pasturenew text begin that is marginal in naturenew text end.

(c) Eligible land under paragraph (a) must:

(1) be owned by the landowner, or a parent or other blood relative of the landowner,
for at least one year before the date of application;

(2) be at least five acres in size, except for a drained wetland area, riparian area,
windbreak, woodlot, new text beginwellhead protection area, new text endor abandoned building site, or be a whole
field deleted text beginas defined by the United States Agricultural Stabilization and Conservation Servicesdeleted text end;

(3) not be set aside, enrolled or diverted under another federal or state government
program unless enrollment in the deleted text beginconservationdeleted text endnew text begin reinvest in Minnesotanew text end reserve program
would provide additional conservation benefits or a longer term of enrollment than under
the current federal or state program; and

(4) have been in agricultural crop production for at least two of the last five
years before the date of application except drained wetlands, riparian lands, woodlots,
abandoned building sites,new text begin environmentally sensitive areas, wellhead protection areas,new text end or
land on a hillside used for pasture.

(d) deleted text beginIn selecting drained wetlands for enrollment in the program, the highest priority
must be given to wetlands with a cropping history during the period 1976 to 1985.
deleted text endnew text begin Land
is eligible if the land is a wellhead protection area as defined under section 103I.005,
subdivision 24, and has a wellhead protection plan approved by the commissioner of
health.
new text end

(e) In selecting land for enrollment in the program, highest priority must be given to
permanent easements that are consistent with the purposes stated in section 103F.505.

Sec. 12.

Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read:


Subd. 4.

Nature of property rights acquired.

(a) A conservation easement must
prohibit:

(1) alteration of wildlife habitat and other natural features, unless specifically
approved by the board;

(2) agricultural crop productionnew text begin and livestock grazingnew text end, unless specifically approved
by the board for deleted text beginwildlifedeleted text endnew text begin conservationnew text end management purposes;new text begin and
new text end

deleted text begin (3) grazing of livestock except, for agreements entered before the effective date of
Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the
board after consultation with the commissioner of natural resources, in the case of severe
drought, or a local emergency declared under section 12.29; and
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end spraying with chemicals or mowing, exceptnew text begin:new text end

new text begin (i) new text endas necessary to comply with noxious weed control laws deleted text beginordeleted text endnew text begin;
new text end

new text begin (ii) fornew text end emergency control of pests necessary to protect public healthnew text begin; or
new text end

new text begin (iii) as approved by the board for conservation management purposesnew text end.

(b) A conservation easement is subject to the terms of the agreement provided in
subdivision 5.

(c) A conservation easement must allow repairs, improvements, and inspections
necessary to maintain public drainage systems provided the easement area is restored to
the condition required by the terms of the conservation easement.

new text begin (d) Notwithstanding paragraph (a), the board must permit the harvest of native
grasses for use in seed production or bioenergy on wellhead protection lands eligible
under subdivision 2, paragraph (d).
new text end

Sec. 13.

new text begin [116.201] COAL TAR.
new text end

new text begin A state agency may not purchase undiluted coal tar sealant. For the purposes of this
section, "undiluted coal tar sealant" means a sealant material containing coal tar that
has not been mixed with asphalt and is for use on asphalt surfaces, including driveways
and parking lots.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 14.

Minnesota Statutes 2008, section 116G.15, is amended to read:


116G.15 MISSISSIPPI RIVER new text beginCORRIDOR new text endCRITICAL AREA.

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

deleted text begin(a)deleted text end The federal Mississippi National
River and Recreation Area established pursuant to United States Code, title 16, section
460zz-2(k), is designated an area of critical concern in accordance with this chapter. deleted text beginThe
governor shall review the existing Mississippi River critical area plan and specify any
additional standards and guidelines to affected communities in accordance with section
116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of
the area pending the completion of the federal plan.
deleted text end new text beginThe purpose of the designation is to:new text end

new text begin (1) protect and preserve the Mississippi River and adjacent lands that the legislature
finds to be unique, valuable, and dynamic and environmental state and regional resources
for the benefit of the health, safety, and welfare of the citizens of the state, region, and
nation;
new text end

new text begin (2) prevent and mitigate irreversible damages to the natural resources listed under
clause (1);
new text end

new text begin (3) preserve and enhance the natural, aesthetic, cultural, recreational, and historical
values of the Mississippi River and its corridor for public use and benefit;
new text end

new text begin (4) protect and preserve the Mississippi River and its corridor as an essential element
in the national, state, and regional transportation, sewer and water, and recreational
systems; and
new text end

new text begin (5) protect and preserve the biological and ecological functions of the Mississippi
River and its corridor.
new text end

deleted text begin The results of an environmental impact statement prepared under chapter 116D
begun before and completed after July 1, 1994, for a proposed project that is located in
the Mississippi River critical area north of the United States Army Corps of Engineers
Lock and Dam Number One must be submitted in a report to the chairs of the environment
and natural resources policy and finance committees of the house of representatives
and the senate prior to the issuance of any state or local permits and the authorization
for an issuance of any bonds for the project. A report made under this paragraph shall
be submitted by the responsible governmental unit that prepared the environmental
impact statement, and must list alternatives to the project that are determined by the
environmental impact statement to be economically less expensive and environmentally
superior to the proposed project and identify any legislative actions that may assist in the
implementation of environmentally superior alternatives. This paragraph does not apply
to a proposed project to be carried out by the Metropolitan Council or a metropolitan
agency as defined in section 473.121.
deleted text end

deleted text begin (b) If the results of an environmental impact statement required to be submitted by
paragraph (a) indicate that there is an economically less expensive and environmentally
superior alternative, then no member agency of the Environmental Quality Board shall
issue a permit for the facility that is the subject of the environmental impact statement,
other than an economically less expensive and environmentally superior alternative,
nor shall any government bonds be issued for the facility, other than an economically
less expensive and environmentally superior alternative, until after the legislature has
adjourned its regular session sine die in 1996.
deleted text end

new text begin Subd. 2. new text end

new text begin Administration; rules. new text end

new text begin (a) The commissioner of natural resources may
adopt rules under chapter 14 as necessary for the administration of the Mississippi
River corridor critical area program. Duties of the Environmental Quality Council or
the Environmental Quality Board referenced in this chapter and related rules and in the
governor's executive order number 79-19, published in the State Register on March 12,
1979, related to the Mississippi River corridor critical area shall be the duties of the
commissioner. All rules adopted by the board pursuant to these duties remain in effect
and shall be enforced until amended or repealed by the commissioner in accordance with
law. The commissioner shall work in consultation with the United States Army Corps
of Engineers, the National Park Service, the Metropolitan Council, other agencies, local
units of government, and other interested parties to ensure that the Mississippi River
corridor critical area is managed in a way that:
new text end

new text begin (1) conserves the scenic, environmental, recreational, mineral, economic, cultural,
and historic resources and functions of the river corridor;
new text end

new text begin (2) maintains the river channel for transportation by providing and maintaining
barging and fleeting areas in appropriate locations consistent with the character of the
Mississippi River and riverfront;
new text end

new text begin (3) provides for the continuation and development of a variety of urban uses,
including industrial and commercial uses, and residential uses, where appropriate, within
the Mississippi River and its corridor;
new text end

new text begin (4) utilizes certain reaches of the river as a source of water supply and for receiving
wastewater effluents and discharges that meet all applicable standards; and
new text end

new text begin (5) protects and preserves the biological and ecological functions of the Mississippi
River and its corridor.
new text end

new text begin (b) The Metropolitan Council shall incorporate the standards developed under
this section into its planning and shall work with local units of government and the
commissioner to ensure the standards are being adopted and implemented appropriately.
new text end

new text begin Subd. 3. new text end

new text begin Districts. new text end

new text begin The commissioner shall establish districts within the Mississippi
River corridor critical area. The commissioner must seek to minimize the number of
districts within any one municipality and take into account existing ordinances. The
commissioner shall consider the following when establishing the districts:
new text end

new text begin (1) the protection of the major features of the river in existence as of March 12, 1979;
new text end

new text begin (2) the protection of improvements such as parks, trails, natural areas, recreational
areas, and interpretive centers;
new text end

new text begin (3) the use of the Mississippi River as a source of drinking water;
new text end

new text begin (4) the protection of resources identified in the Mississippi National River and
Recreation Area Comprehensive Management Plan;
new text end

new text begin (5) the protection of resources identified in comprehensive plans developed by
counties, cities, and towns within the Mississippi River corridor critical area;
new text end

new text begin (6) the intent of the Mississippi River corridor critical area land use districts from
the governor's executive order number 79-19, published in the State Register on March
12, 1979; and
new text end

new text begin (7) identified scenic, geologic, and ecological resources.
new text end

new text begin Subd. 4. new text end

new text begin Standards. new text end

new text begin (a) The commissioner shall establish minimum guidelines and
standards for the districts established in subdivision 3. The guidelines and standards
for each district shall include the intent of each district, key resources, and features to
be protected or enhanced based upon paragraph (b), permitted uses, and dimensional
and performance standards for development. The commissioner must take into account
existing ordinances when developing the guidelines and standards under this section. The
commissioner may provide certain exceptions and criteria for standards, including, but
not limited to, exceptions for river access facilities, water supply facilities, storm water
facilities, wastewater treatment facilities, and hydropower facilities.
new text end

new text begin (b) The guidelines and standards must protect or enhance the following key
resources and features:
new text end

new text begin (1) floodplains;
new text end

new text begin (2) wetlands;
new text end

new text begin (3) gorges;
new text end

new text begin (4) areas of confluence with key tributaries;
new text end

new text begin (5) natural drainage routes;
new text end

new text begin (6) shorelines and riverbanks;
new text end

new text begin (7) bluffs;
new text end

new text begin (8) steep slopes and very steep slopes;
new text end

new text begin (9) unstable soils and bedrock;
new text end

new text begin (10) significant existing vegetative stands, tree canopies, and native plant
communities;
new text end

new text begin (11) scenic views and vistas;
new text end

new text begin (12) publicly owned parks, trails, and open spaces;
new text end

new text begin (13) cultural and historic sites and structures; and
new text end

new text begin (14) water quality.
new text end

new text begin (c) The commissioner shall establish a map to define bluffs and bluff-related features
within the Mississippi River corridor critical area. At the outset of the rulemaking process,
the commissioner shall create a preliminary map of all the bluffs and bluff lines within
the Mississippi River corridor critical area, based on the guidelines in paragraph (d). The
rulemaking process shall provide an opportunity to refine the preliminary bluff map. The
commissioner may add to or remove areas of demonstrably unique or atypical conditions
that warrant special protection or exemption. At the end of the rulemaking process, the
commissioner shall adopt a final bluff map that contains associated features, including
bluff lines, bases of bluffs, steep slopes, and very steep slopes.
new text end

new text begin (d) The following guidelines shall be used by the commissioner to create a
preliminary bluff map as part of the rulemaking process:
new text end

new text begin (1) "bluff face" or "bluff" means the area between the bluff line and the bluff base. A
bluff is a high, steep, natural topographic feature such as a broad hill, cliff, or embankment
with a slope of 18 percent or greater and a vertical rise of at least ten feet between the bluff
base and the bluff line;
new text end

new text begin (2) "bluff line" means a line delineating the top of a slope connecting the points
at which the slope becomes less than 18 percent. More than one bluff line may be
encountered proceeding upslope from the river valley;
new text end

new text begin (3) "bluff base" means a line delineating the bottom of a slope connecting the points
at which the slope becomes 18 percent or greater. More than one bluff base may be
encountered proceeding landward from the water;
new text end

new text begin (4) "steep slopes" means 12 percent to 18 percent slopes. Steep slopes are natural
topographic features with an average slope of 12 to 18 percent measured over a horizontal
distance of 50 feet or more; and
new text end

new text begin (5) "very steep slopes" means slopes 18 percent or greater. Very steep slopes are
natural topographic features with an average slope of 18 percent or greater, measured over
a horizontal distance of 50 feet or more.
new text end

new text begin Subd. 5. new text end

new text begin Application. new text end

new text begin The standards established under this section shall be used:
new text end

new text begin (1) by local units of government when preparing or updating plans or modifying
regulations;
new text end

new text begin (2) by state and regional agencies for permit regulation and in developing plans
within their jurisdiction;
new text end

new text begin (3) by the Metropolitan Council for reviewing plans and regulations; and
new text end

new text begin (4) by the commissioner when approving plans and regulations, and reviewing
development permit applications.
new text end

new text begin Subd. 6. new text end

new text begin Notification; fees. new text end

new text begin (a) A local unit of government or a regional or state
agency shall notify the commissioner of natural resources of all developments in the
corridor that require discretionary actions under their rules at least ten days before taking
final action on the application. The commissioner may establish exemptions from the
notification requirement for certain types of applications. For purposes of this section, a
discretionary action includes all actions that require a public hearing, including variances,
conditional use permits, and zoning amendments.
new text end

new text begin (b) The commissioner shall recover costs of reviewing information submitted under
paragraph (a). Amounts collected under this paragraph must be credited to an account in
the natural resources fund and are appropriated to the commissioner.
new text end

new text begin Subd. 7. new text end

new text begin Rules. new text end

new text begin The commissioner shall adopt rules to ensure compliance with this
section. By January 15, 2010, the commissioner shall begin the rulemaking required
by this section under chapter 14. Until the rules required under this section take effect,
the commissioner shall administer the Mississippi River corridor critical area program
in accordance with the governor's executive order number 79-19, published in the State
Register on March 12, 1979.
new text end

Sec. 15. new text beginCOAL TAR; NOTIFICATION, INVENTORY, AND BEST
MANAGEMENT PRACTICES.
new text end

new text begin (a) By January 15, 2010, the commissioner of the Pollution Control Agency shall
notify state agencies and local units of government of the potential for contamination of
constructed storm water ponds and wetlands or natural ponds used for the collection
of storm water via constructed conveyances with polycyclic aromatic hydrocarbons
from the use of coal tar sealant products. For the purpose of this section, a storm water
pond is a treatment pond constructed and operated for water quality treatment, storm
water detention, and flood control. Storm water ponds do not include areas of temporary
ponding, such as ponds that exist only during a construction project or short-term
accumulations of water in road ditches.
new text end

new text begin (b) By January 15, 2010, the commissioner of the Pollution Control Agency shall
establish a schedule and information requirements for state agencies and local units of
government regulated under a national pollutant discharge elimination system or state
disposal system permit for municipal separate storm sewer systems to report to the
commissioner of the Pollution Control Agency on all storm water ponds and other waters
defined in paragraph (a) located within their jurisdiction.
new text end

new text begin (c) The commissioner of the Pollution Control Agency shall develop best
management practices for state agencies and local units of government regulated under
a national pollutant discharge elimination system or state disposal system permit for
municipal separate storm sewer systems treating or cleaning up contaminated sediments
in storm water ponds and other waters defined under paragraph (a) and make the best
management practices available on the agency's Web site. As part of the development of
the best management practices, the commissioner shall:
new text end

new text begin (1) sample a set of storm water pond sediments in residential, commercial, and
industrial areas for polycyclic aromatic hydrocarbons and other contaminants of potential
concern;
new text end

new text begin (2) investigate the feasibility of screening methods to provide more cost-effective
analytical results and to identify which kinds of ponds are likely to have the highest
concentrations of polycyclic aromatic hydrocarbons; and
new text end

new text begin (3) develop guidance on testing, treatment, removal, and disposal of polycyclic
aromatic hydrocarbon contaminated sediments.
new text end

new text begin (d) The commissioner of the Pollution Control Agency shall incorporate the
requirements for inventory and best management practices specified in paragraphs (b) and
(c) into the next permitting cycle for the national pollutant discharge elimination system or
state disposal system permit for municipal separate storm sewer systems.
new text end

Sec. 16. new text beginENDOCRINE-DISRUPTOR MONITORING.
new text end

new text begin (a) The commissioner of the Pollution Control Agency shall establish a network of
water monitoring sites in public waters adjacent to wastewater treatment facilities across
the state to assess levels of endocrine disrupting compounds, antibiotic compounds, and
pharmaceuticals.
new text end

new text begin (b) Each of the monitoring sites must provide enhanced monitoring of the effluent
at the discharge point of the wastewater treatment facility and monitoring of the public
waters above and below the discharge point.
new text end

new text begin (c) The monitoring sites must be located throughout the state, represent a variety of
wastewater treatment facility sizes based on the number of gallons of water discharged per
day, and represent a variety of waste treatment systems used for primary, secondary, and
tertiary disinfecting treatment and management of biosolids.
new text end

new text begin (d) In establishing the monitoring network, the commissioner of the Pollution
Control Agency must consult with the commissioners of health and natural resources, the
United States Geological Survey, the Metropolitan Council, local wastewater treatment
facility operators, and the Water Resources Center at the University of Minnesota.
Consideration may be given to monitoring sites at facilities identified as part of a total
maximum daily load study and facilities located on a water body identified for enhanced
protection. The initial monitoring network must include at least ten sites.
new text end

new text begin (e) Monitoring must include, but is not limited to, endocrine-disrupting compounds
from natural and synthetic hormones, pharmaceuticals, personal care products, and
a range of industrial products and by-products. At a minimum, concentrations of
estrone, nonylphenol, bisphenol-A, 17-beta-estradiol, 17-alpha-ethynylestradiol, estriol,
and antibacterial triclosan must be monitored. Additional compounds, antibacterial
compounds, and pharmaceuticals potentially impacting human health and aquatic
communities may be considered for identification and monitoring including, but not
limited to, nonylphenol ethoxylates, octylphenol, and octylphenol ethoxylates; the
hormones androstenedione, trenbelone, and diethylphthalate; antidepressant medications,
including fluoxetine and fluvoxamine; carbamazepine; and triclocarban.
new text end

new text begin (f) The commissioner of the Pollution Control Agency shall begin the monitoring
and testing required under this section no later than November 1, 2009. Information
about requirements under this section and the results from the monitoring and testing
must be available on the agency's Web site by June 1, 2010. The commissioner shall
submit a preliminary report on the results of the monitoring and testing to the chairs of the
legislative committees with jurisdiction over environment and natural resources policy
and finance by April 15, 2010, and a final report no later than January 15, 2011.
new text end

ARTICLE 3

PARKS AND TRAILS FUND

Section 1. new text beginPARKS AND TRAILS FUND APPROPRIATIONS.
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 article. The appropriations are from
the parks and trails fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2010" and "2011" used in this article mean that
the appropriations listed under them are available for the fiscal year ending June 30, 2010,
or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is
fiscal year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the
fiscal year ending June 30, 2009, are effective the day following final enactment. All
appropriations in this article are onetime only.
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 2010
new text end
new text begin 2011
new text end

Sec. 2. new text beginNATURAL RESOURCES
new text end

new text begin $
new text end
new text begin 10,399,000
new text end
new text begin $
new text end
new text begin 21,257,000
new text end

new text begin (a) $6,749,000 the first year and $14,807,000
the second year are to:
new text end

new text begin (1) connect people to the outdoors by
providing access, conservation education,
and interpretative services with a goal
of attracting 350,000 additional visitors
to state parks, recreation areas, forest
campgrounds, and trails by the end of the
biennium, reaching 25 percent of all state
parks and trails visitors through education
programming, including conducting at least
500 conservation education programs, by:
new text end

new text begin (i) enhancing marketing and technology
to target new audiences and provide new
opportunities to engage citizens, including
enhancements to the department's Web
site, community assistance, and volunteer
coordination and enhancement;
new text end

new text begin (ii) increasing the number of naturalist
interns from 18 to 30 each year under the
new Minnesota Naturalist Corps established
under Minnesota Statutes, section 84.992;
new text end

new text begin (iii) adding eight new full-time
equivalent naturalists to provide expanded
programming, with a focus on families and
children;
new text end

new text begin (iv) opening or reopening visitor centers at
Lake Bronson, Blue Mounds, St. Croix, and
Grand Portage State Parks and expanding
visitor center hours at additional high profile
parks;
new text end

new text begin (v) advancing new conservation education
delivery methods reaching new and younger
audiences with 50 new MP3 audio trail
guides, educational touch screen computers,
podcasts, and videocasts;
new text end

new text begin (vi) constructing information centers and
kiosks in state parks, including: a pilot
project to construct information centers
that include self-registration equipment and
touch screen displays; electronic information
kiosks that include touch screen displays; and
information kiosks near campgrounds and
day use areas used to display maps, policies,
and other information;
new text end

new text begin (vii) providing interpretive services for
state trails, including at least five new
kiosks, signage, updating five trail maps,
and developing three new resource-oriented
brochures;
new text end

new text begin (viii) producing a new state map integrating
state parks, recreation areas, forest
campgrounds, trails, and regional park and
trail facilities; and
new text end

new text begin (ix) enhancing cross-country skiing in at
least ten state parks, recreation areas, forest
campgrounds, or trails;
new text end

new text begin (2) accelerate natural resource management,
restoration, and protection activities at state
parks, including:
new text end

new text begin (i) restoring at least 700 additional acres of
state park land;
new text end

new text begin (ii) conducting invasive species detection,
prevention, and response activities on at least
4,000 acres of state park lands and waters
and reestablishing native plants, shrubs, and
trees after invasive species removal;
new text end

new text begin (iii) providing rapid response to terrestrial
and aquatic new invasive species detections
and infestations on state park lands and
waters and state trails;
new text end

new text begin (iv) conducting prescribed burns on an
additional 6,000 acres; and
new text end

new text begin (v) restoring and managing native prairies
and woodlands along at least six percent of
the developed miles of state trails, including
removing invasive species;
new text end

new text begin (3) accelerate facility maintenance and
rehabilitation by:
new text end

new text begin (i) upgrading at least three percent of
facilities in overnight and day use areas;
new text end

new text begin (ii) improving access to parks and trails
systems for visitors of all ability levels at no
fewer than 15 sites each year;
new text end

new text begin (iii) enhancing the trail surface of at least
100 miles of state trails, resurfacing 20 to 40
miles of state trails, repairing six to ten trail
bridges, and replacing two to four bridges;
and
new text end

new text begin (iv) rehabilitating and renewing trails in
state parks, recreation areas, or forest
campgrounds for hiking, biking, and
horseback riding at the rate of at least four
percent per year; and
new text end

new text begin (4) accelerate facility energy conservation
by increasing energy conservation
and operations, promoting new
conservation-based energy sources,
reducing energy costs and installing solar
energy equipment, including solar thermal
energy equipment, as part of the following
projects:
new text end

new text begin (i) the design and installation of sustainable
energy features, including the use of solar
energy, at a new campground in Split Rock
Lighthouse State Park;
new text end

new text begin (ii) the installation of solar energy equipment
to power a new sanitation building and
campsites in St. Croix State Park;
new text end

new text begin (iii) the installation of solar energy equipment
to power sanitation buildings and campsites
at the Pine Ridge Campground in Itasca State
Park;
new text end

new text begin (iv) the installation of solar power equipment
for educational demonstration projects and
to offset the use of electricity at Jay Cooke,
Bear Head Lake, Afton, Sibley, Lake Carlos,
Glacial Lakes, Maplewood, William O'Brien,
Wild River, and Lac Qui Parle State Parks;
new text end

new text begin (v) the installation of solar energy equipment
at the Iron Range Off-Highway Vehicle
Recreation Area in Gilbert;
new text end

new text begin (vi) the installation of solar energy equipment
to power a sanitation building and lighting at
the Silver Bay Marina;
new text end

new text begin (vii) the installation of solar energy
equipment to power the rest area and visitor
center at Grand Portage State Park; and
new text end

new text begin (viii) the installation of solar energy
equipment to power sanitation buildings and
campsites at the Lake Shetek State Park and
additional solar energy projects if funding is
available.
new text end

new text begin The commissioner shall contract for services
with the Minnesota Conservation Corps for
restoration, maintenance, and other activities
under this paragraph for at least $600,000 the
first year and $1,000,000 the second year.
new text end

new text begin The commissioner shall leverage federal
stimulus funding for these purposes to the
extent possible.
new text end

new text begin To the extent possible, any prairie restoration
conducted with money appropriated in this
section must plant vegetation or sow seed
only of ecotypes native to Minnesota, and
preferably of the local ecotype, using a high
diversity of species originating from as
close to the restoration site as possible, and
protect existing native prairies from genetic
contamination.
new text end

new text begin (b) $1,000,000 the first year and $2,000,000
the second year are for grants for solar
energy projects in metropolitan regional
parks and trails that meet the requirements
of Minnesota Statutes, section 473.147, or
that is currently recognized as meeting the
constitutional requirement of being a park
or trail of regional or statewide significance,
and parks and trails outside the metropolitan
area that are currently recognized as meeting
the constitutional requirement of being a park
or trail of regional or statewide significance.
Up to 2-1/2 percent of this appropriation
may be used for administering the grants. Of
this appropriation, at least $1,000,000 shall
be designated for projects utilizing solar
thermal technology and equipment. The
commissioner shall give priority to projects
that:
new text end

new text begin (1) would be visible to park or trail visitors
and that demonstrate the use of solar energy;
new text end

new text begin (2) would provide on-site information
explaining the installation, its benefits, and
the benefits of renewable energy;
new text end

new text begin (3) would reduce the use of energy from
fossil fuels;
new text end

new text begin (4) incorporate designs that reflect the
aesthetics of the installation site; or
new text end

new text begin (5) provide education to visitors on energy
conservation or climate change.
new text end

new text begin (c) $2,650,000 the first year and $4,450,000
the second year are for grants under
Minnesota Statutes, section 85.535, to
metropolitan regional parks and trails
that meet the requirements of Minnesota
Statutes, section 473.147, or that is currently
recognized as meeting the constitutional
requirement of being a park or trail of
regional or statewide significance, and parks
and trails outside the metropolitan area that
are currently recognized as meeting the
constitutional requirement of being a park
or trail of regional or statewide significance.
Grants under this section must only be used
for acquisition, restoration, maintenance, and
development. Up to 2-1/2 percent of this
appropriation may be used for administering
the grants.
new text end

new text begin (d) The commissioner shall develop a
ten-year strategic state parks and trails
plan considering traditional funding and
the funding available under the Minnesota
Constitution, article XI, section 15.
new text end

new text begin (e) The commissioner, in consultation
with the commissioner of the Pollution
Control Agency, the Board of Water and Soil
Resources, the Outdoor Heritage Council,
the Minnesota Board of the Arts, and the
Minnesota Historical Society, shall develop
a logo to be used in signage required of
projects and programs receiving funds from
the outdoor heritage fund, clean water fund,
parks and trails fund, and arts and cultural
heritage fund.
new text end

new text begin (f) The commissioner shall submit a report
on the expenditure and use of money
appropriated under this section to the
legislature by March 1 of each year. The
report must relate the expenditure of funds
by the categories established and detail the
outcomes in terms of additional use of parks
and trails resources, user satisfaction surveys,
and other appropriate outcomes.
new text end

new text begin (g) Grant agreements entered into by the
commissioner of natural resources and
recipients of money appropriated under this
section shall ensure that the funds are used to
supplement and not substitute for traditional
sources of funding.
new text end

Sec. 3. new text beginMETROPOLITAN COUNCIL
new text end

new text begin $
new text end
new text begin 7,500,000
new text end
new text begin $
new text end
new text begin 14,600,000
new text end

new text begin (a) $7,500,000 the first year and $14,600,000
the second year are from the parks and
trails fund to be distributed as required
under Minnesota Statutes, section 85.53,
subdivision 3, except that of this amount,
$40,000 the first year is for a grant to
Hennepin County to plant trees along the
Victory Memorial Parkway.
new text end

new text begin (b) The Metropolitan Council shall submit
a report on the expenditure and use of
money appropriated under this section to
the legislature by March 10 of each year.
The report must detail the outcomes in
terms of additional use of parks and trails
resources, user satisfaction surveys, and
other appropriate outcomes.
new text end

new text begin (c) Grant agreements entered into by the
Metropolitan Council and recipients of
money appropriated under this section shall
ensure that the funds are used to supplement
and not substitute for traditional sources of
funding.
new text end

Sec. 4. new text beginLEGISLATURE
new text end

new text begin $
new text end
new text begin 51,000
new text end
new text begin $
new text end
new text begin 68,000
new text end

new text begin (a) $23,000 the first year and $15,000
the second year are for the Legislative
Coordinating Commission to fulfill the duties
as required under Minnesota Statutes, section
3.303, subdivision 10.
new text end

new text begin (b) $28,000 the first year and $28,000 the
second year are for the legislative auditor to
conduct restoration audits under Minnesota
Statutes, section 3.971, subdivision 9, and
$25,000 the second year is for program and
financial audits.
new text end

Sec. 5. new text beginAVAILABILITY OF APPROPRIATIONS.
new text end

new text begin Unless otherwise provided, the amounts in this article are available until June
30, 2011, when projects must be completed and final accomplishments reported.
Appropriations for 2011 are available for use until June 30, 2012. For acquisition of an
interest in real property, the amounts in this section appropriated in fiscal year 2010 are
available until June 30, 2012, and the amounts in this section appropriated in fiscal year
2011 are available until June 30, 2013. If a project receives federal funds, the time period
of the appropriation is extended to equal the availability of federal funding.
new text end

Sec. 6.

new text begin [84.992] MINNESOTA NATURALIST CORPS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Minnesota Naturalist Corps is established under
the direct control and supervision of the commissioner of natural resources.
new text end

new text begin Subd. 2. new text end

new text begin Program. new text end

new text begin The commissioner of natural resources shall develop a program
for the Minnesota Naturalist Corps that supports state parks in providing interpretation
of the natural and cultural features of state parks in order to enhance visitors' awareness,
understanding, and appreciation of those features and encourages the wise and sustainable
use of the environment.
new text end

new text begin Subd. 3. new text end

new text begin Training and mentoring. new text end

new text begin The commissioner must develop and implement
a training program that adequately prepares Minnesota Naturalist Corps members for the
tasks assigned. Each corps member shall be assigned a state park naturalist as a mentor.
new text end

new text begin Subd. 4. new text end

new text begin Uniform patch. new text end

new text begin Uniforms worn by members of the Minnesota Naturalist
Corps must have a patch that includes the name of the Minnesota Naturalist Corps and
information that the program is funded by the clean water, land, and legacy amendment to
the Minnesota Constitution adopted by the voters in November 2008.
new text end

new text begin Subd. 5. new text end

new text begin Eligibility. new text end

new text begin A person is eligible to enroll in the Minnesota Naturalist
Corps if the person:
new text end

new text begin (1) is a permanent resident of the state;
new text end

new text begin (2) is a participant in an approved college internship program or has a postsecondary
degree in a natural resource or conservation related field; and
new text end

new text begin (3) has completed at least one year of postsecondary education.
new text end

new text begin Subd. 6. new text end

new text begin Corps member status. new text end

new text begin Minnesota Naturalist Corps members are not
eligible for unemployment benefits if their services are excluded under section 268.035,
subdivision 20, and are not eligible for other benefits except workers' compensation. The
corps members are not employees of the state within the meaning of section 43A.02,
subdivision 21.
new text end

new text begin Subd. 7. new text end

new text begin Employee displacement. new text end

new text begin The commissioner must certify that the
assignment of Minnesota Naturalist Corps members will not result in the displacement of
currently employed workers or workers on seasonal layoff or layoff from a substantially
equivalent position, including partial displacement such as reduction in hours of
nonovertime work, wages, or other employment benefits. The department may not
terminate, lay off, reduce the seasonal hours of, or reduce the working hours of any
employee for the purpose of using a corps member with available funds.
new text end

Sec. 7.

new text begin [85.535] PARKS AND TRAILS GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of natural resources shall
administer a program to provide grants from the parks and trails fund to support parks and
trails of regional or statewide significance.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin To be eligible for grants under this section, a park or trail must:
new text end

new text begin (1) be a metropolitan regional park or trail that meets the requirements of section
473.147 or that is currently recognized as meeting the constitutional requirement of being
a park or trail of regional or statewide significance; or
new text end

new text begin (2) be a park or trail outside the metropolitan area, as defined in section 473.121,
subdivision 2, that is currently recognized as meeting the constitutional requirement of
being a park or trail of regional or statewide significance.
new text end

new text begin Subd. 3. new text end

new text begin Priorities. new text end

new text begin In awarding trails grants under this section, the commissioner
shall give priority to trail projects that provide:
new text end

new text begin (1) connectivity;
new text end

new text begin (2) enhanced opportunities for commuters; and
new text end

new text begin (3) enhanced safety.
new text end

new text begin Subd. 4. new text end

new text begin Match. new text end

new text begin Recipients must provide a nonstate cash match of at least 25
percent of the total eligible project costs.
new text end

new text begin Subd. 5. new text end

new text begin Rule exemption. new text end

new text begin The commissioner is not subject to the rulemaking
provisions of chapter 14 in implementing this section, and section 14.386 does not apply.
new text end

ARTICLE 4

ARTS AND CULTURAL HERITAGE FUND

Section 1. new text beginARTS AND CULTURAL HERITAGE FUND APPROPRIATIONS.
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 article. The appropriations are from the
arts and cultural heritage fund and are available for the fiscal years indicated for each
purpose. The figures "2010" and "2011" used in this article mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
respectively. "The first year" is fiscal year 2010. "The second year" is fiscal year 2011.
"The biennium" is fiscal years 2010 and 2011.
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 2010
new text end
new text begin 2011
new text end

Sec. 2. new text beginARTS AND CULTURAL HERITAGE
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 44,633,000
new text end
new text begin $
new text end
new text begin 44,556,000
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 Subd. 2. new text end

new text begin Minnesota Board of the Arts
new text end

new text begin (a) The appropriations in this subdivision
are to the Minnesota Board of the Arts
from the arts and cultural heritage fund.
Grants agreements entered into by the
Board of the Arts and other recipients of
appropriations in this section shall ensure
that these funds are used to supplement and
not supplant traditional sources of funding.
Appropriations made directly to the Board
of the Arts shall supplement, and shall not
substitute for traditional sources of funding.
Funds appropriated in the first year may
be carried over to the second. These are
onetime appropriations. No more than 2.5
percent of each appropriation may be used
for administration by the Board of the Arts.
The Board of the Arts with the assistance
of recipients funded under this section shall
report on all expenditures made from these
funds to the legislature and governor by
January 15 of each year. Each grant program
established within this appropriation shall
be separately administered from other state
appropriations for program planning and
outcome measurements, but may take into
consideration other state resources awarded
in the selection of applicants and grant
award size. Distinctive goals and measurable
outcomes shall be established and reported
on.
new text end

new text begin (b) Regional Arts Boards. $6,000,000
is appropriated on January 1, 2010, and
$6,000,000 in 2011 for grants programs
to artists, arts programs, programs for the
literary arts, and programs for arts education
and access; such grants are to be made by
regional arts boards. Each regional arts
council must ensure that a portion of the
funds available under this paragraph is used
for grants to artists using nontraditional or
innovative materials or methods, or for grants
to artists dealing with nontraditional subjects.
new text end

new text begin (c) Statewide Arts Access. $1,000,000 on
January 1, 2010, and $1,000,000 in 2011 is
appropriated for organizations and programs
that provide access to the arts on a statewide
basis.
new text end

new text begin (d) Artists Economic Development Fund.
$500,000 in 2010 and $500,000 in 2011 are
appropriated to provide individual grants
to artists for the purposes of economic
subvention or artistic development.
new text end

new text begin (e) $150,000 in 2010 is appropriated to
the Board of the Arts for the creation and
conduct of a census of Minnesota artists and
artistic organizations; this census must be
conducted through a competitive grant to be
administered by the arts board and conducted
in partnership with the regional arts councils.
new text end

new text begin Subd. 3. new text end

new text begin Minnesota Historical Society
new text end

new text begin (a) The appropriations in this subdivision are
to the Minnesota Historical Society from the
arts and cultural heritage fund to preserve and
enhance access to Minnesota's history and
its cultural and historical resources. Grants
agreements entered into by the Minnesota
Historical Society and other recipients of
appropriations in this section shall ensure
that these funds are used to supplement
and not substitute for traditional sources of
funding. Funds directly appropriated to the
Minnesota Historical Society shall be used to
supplement, and not substitute for, traditional
sources of funding. Funds appropriated in the
first year may be carried over to the second.
These are onetime appropriations. No more
than 2.5 percent of each appropriation may
be used for administration by the Minnesota
Historical Society. The Minnesota Historical
Society, with the assistance of recipients
funded under this section, shall report on all
expenditures made from these funds to the
legislature and governor by January 15 of
each year.
new text end

new text begin (b) Minnesota History Educational Network.
$2,000,000 in 2010 and $1,000,000 in
2011 are appropriated for programs and
projects of service to historical and cultural
programs across the state. Among these may
be funds for the operation of a Minnesota
History Educational Network, to provide
educational and programmatic content to
schools, teachers, museums, historic sites,
and libraries; funds for a history at home
project, to provide historical content and
materials to persons in their homes, places of
work, schools, libraries, and on the Internet;
and programs to provide hands on support
to historical and cultural organizations,
including the purveyance of information and
expertise regarding collections, preservation,
and operation of local historic sites and
societies. These programs and projects may
be conducted in partnership with either local
historical societies, schools, or libraries, as
selected by the Minnesota Historical Society.
new text end

new text begin (c) Statewide Historic and Cultural
Grants.
(i) $6,000,000 on January 1, 2010,
and $6,000,000 in 2011 are appropriated
for history programs and projects operated
or conducted by or through local, county,
regional or other historical or cultural
organizations; or for activities to preserve
significant historic and cultural resources.
Funds are to be distributed through a
competitive grants process. The Minnesota
Historical Society shall administer these
funds using established grants mechanisms,
and with assistance from the advisory
committee created herein. The Preston
grain elevator restoration and recreation
project shall be eligible for grants under this
program.
new text end

new text begin Also eligible for a grant under this section
are projects previously approved by the
Minnesota Historical Society that have had
this approved funding refused by a public
board or governing body, provided that these
projects are now administered by a nonprofit
organization.
new text end

new text begin (ii) The Minnesota Historical Society
shall appoint a historic resources advisory
committee, with members from each
of the eight congressional districts, and
representatives of local, county, and statewide
historical and cultural organizations and
programs, to provide policy and grant making
guidance on expenditures of funds from this
paragraph. This membership shall include,
but is not limited to, members representing
the interests of historic preservation, local
history, archaeology, archival programs,
and other cultural programs related to the
history of Minnesota. A significant number
of members on this advisory committee
should represent local interests. This
committee shall seek input from all interested
parties, and shall make recommendations
for expenditures from these funds to the
executive council of the Minnesota Historical
Society; all expenditures must meet the
requirements of Minnesota Statutes, section
138.01.
new text end

new text begin (iii) $500,000 in 2010 and $500,000 in 2011
are appropriated to the Minnesota Historical
Society for the creation of materials, training,
and assistance to local historical societies
and others receiving grants under this
paragraph. These funds may not be used to
hire permanent staff.
new text end

new text begin (d) Collections. $250,000 in 2010 is
appropriated to the Minnesota Historical
Society for the purchase, acquisition, storage,
and restoration of Minnesota's historical and
cultural artifacts. These funds may be carried
over until expended. None of these funds
may be used for administration.
new text end

new text begin (e) $2,000,000 in 2010 is appropriated from
the arts and cultural heritage fund to the
Minnesota Historical Society for HELP
projects under Minnesota Statutes, section
138.0375, subdivision 3.
new text end

new text begin (f) $150,000 in 2010 is appropriated to
the Minnesota Historical Society for a
competitive grant to be issued by the society
for analysis of historical programs in the
state. The analysis shall determine where
public collections, museums, programs, and
services relating to historical and cultural
heritage exist; the depth of the collection or
program as it relates to the geographic, topic
focus, and time frames covered; and where
such services do not exist. The analysis shall
advise the state as to the best strategies to use
existing financial resources to improve the
delivery of history education and historical
resources throughout Minnesota. The
Minnesota Historical Society shall cooperate
with the grant recipient, and shall provide
full access to data and materials needed
to complete this study. The study shall be
reported to the Legislative Coordinating
Commission by December 1, 2009.
new text end

new text begin (g) $2,000,000 on January 1, 2010,
and $500,000 on January 1, 2011, are
appropriated to the Minnesota Historical
Society for an exhibit on the regional, local,
and cultural diversity of Minnesota's history
and cultural heritage. These funds are
available until expended. These funds are
for the creation of both traveling exhibits
to be made available to local historical and
cultural organizations and an exhibit to be
housed at the Minnesota History Center.
The Minnesota Historical Society shall raise
funds from private sources to augment this
appropriation, with a goal of $1,500,000 in
private funds to be raised. This is not a match
requirement, but the Minnesota Historical
Society shall certify that a good faith effort
has been made.
new text end

new text begin Subd. 4. new text end

new text begin Statewide Survey of Historical and
Archaeological Sites
new text end

new text begin $500,000 in 2010 and $500,000 in 2011
are appropriated to the Department of
Administration, for a contract to be let on
a competitive basis to conduct a general
statewide survey of Minnesota's sites of
historical, archaeological, and cultural
significance. Results of this survey must be
published in a searchable form, available
to the public on a cost-free basis. The
Minnesota Historical Society, the Office
of the State Archaeologist, and the Board
of Indian Affairs shall each appoint a
representative to an oversight board, to
select a contractor and direct the conduct
of this survey. The oversight board shall
consult with the Minnesota Departments
of Transportation and Natural Resources.
Funds appropriated for this purpose do not
cancel and may be carried over from one
year to the next.
new text end

new text begin Subd. 5. new text end

new text begin Programs of Artistic, Educational,
Historic, or Cultural Significance
new text end

new text begin (a) Funds in this subdivision are appropriated
to the commissioner of the Department
of Administration for grants to the named
organizations for the purposes specified in
this subdivision. Grants made to public
television or radio organizations are subject
to Minnesota Statutes, section 129D.18,
and are not subject to conditions in this
paragraph.
new text end

new text begin (b) Grant agreements entered into by
the commissioner and recipients of
appropriations in this subdivision must
ensure that money appropriated in this
subdivision is used to supplement and not
substitute for traditional sources of funding.
No more than 2.5 percent of any grant may
be used for administration. The Department
of Administration may use up to one percent
of appropriated funds for administration.
These are onetime appropriations. A cultural
grants advisory board may be established
by the Department of Administration to
provide advice and assistance in the making
of grants under this subdivision. The board,
if appointed, shall consist of seven members,
to be appointed by the commissioner. One
member shall represent public radio and
television, one shall represent Minnesota
zoos, one shall represent the Minnesota
Center for the Humanities, and the remaining
four shall be appointed by the commissioner
to represent a diverse set of cultural interests.
All recipients of funds under this subdivision
shall report to the legislature by January 15
of each year on uses of those funds.
new text end

new text begin (c) Public Television. $2,000,000 on
January 1, 2010, and $5,000,000 on January
1, 2011, are appropriated to public television,
to the fund created under Minnesota Statutes,
section 129D.18, for the development
of educational materials, programs, and
publicly available programming on the
artistic, historical, and cultural heritage
of the state and people of Minnesota.
Acknowledgment of the funding sources
must be included in all materials produced in
this grant. None of these funds may be used
for normal operations or infrastructure.
new text end

new text begin (d) Public Television and Radio;
Documentary.
$500,000 in 2010 and
$500,000 in 2011 are appropriated, half each,
to Minnesota public television and public
radio organizations for the separate creation
of radio and television documentaries
regarding the uses and results of Minnesota's
dedicated funding for outdoor resources,
clean water, trails, arts, and cultural heritage.
These documentaries shall be conducted
according to the professional standards of
these organizations, and shall be independent
of and separate from any state control over
content.
new text end

new text begin (e) Minnesota Public Radio. $2,000,000
on January 1, 2010, and $3,000,000 on
January 1, 2011, are appropriated to public
radio for the development of educational
materials, programs, and publicly available
programming on the artistic, historical, and
cultural heritage of the state and people of
Minnesota. None of these funds may be used
for normal operations or infrastructure.
new text end

new text begin (f) Association of Minnesota Public
Educational Radio Stations.
$1,000,000
in 2010 and $2,000,000 in 2011 are
appropriated to the Association of
Minnesota Public Educational Radio
Stations for the development of educational
materials, programs, and publicly available
programming on the artistic, historical, and
cultural heritage of the state and people of
Minnesota. None of these funds may be used
for normal operations or infrastructure.
new text end

new text begin (g) Civics Education. $1,000,000 in 2010
and $1,000,000 in 2011 are appropriated to
the Minnesota Center for the Humanities for
grants to Kids Voting Minnesota, Learning
Law and Democracy Foundation, and
YMCA Youth in Government to conduct
civics education programs for the civic and
cultural development of Minnesota youth.
new text end

new text begin (h) Children's Museums. $500,000 in 2010
and $500,000 in 2011 are appropriated for
grants to Minnesota's museums for children,
for exhibits and programming on the artistic,
historical, and cultural heritage of the state
and people of Minnesota. None of these
funds may be used for normal operations or
infrastructure. Half of these funds are for a
children's museum in Duluth, and the other
half for a children's museum in St. Paul.
new text end

new text begin (i) Minnesota Science Museum.
$500,000 in 2010 and $500,000 in 2011
are appropriated for the operation of
and programmatic development of the
Minnesota Science Museum, for exhibits
and programming on the artistic, historical,
and cultural heritage of the state and people
of Minnesota. None of these funds may be
used for normal operations or infrastructure.
Funds shall be matched by the Science
Museum at a ratio of one to one.
new text end

new text begin (j) Minnesota Digital Library. $500,000 in
2010 and $500,000 in 2011 are appropriated
for the Minnesota digital library project,
operated by the Minitex system, to preserve,
digitize, and share Minnesota images,
documents, and historic materials.
new text end

new text begin (k) Minnesota Center for the Humanities.
$500,000 in 2010 and $500,000 in 2011 are
appropriated to the Minnesota Center for the
Humanities for programmatic development.
new text end

new text begin $500,000 in 2010 and $500,000 in 2011
are appropriated to the Minnesota Center
for the Humanities for grants to museums
and organizations celebrating the ethnic
identities of Minnesotans. The Minnesota
Center for the Humanities shall develop a
written plan for the competitive issuance of
these grants, and shall submit that plan for
review and approval by the Department of
Administration.
new text end

new text begin (l) Zoos. $2,000,000 in 2010 and
$2,000,000 in 2011 are appropriated for the
programmatic development of Minnesota's
zoos. Three-quarters of this fund in any
year shall be reserved in equal portions
each for the Minnesota Zoo, the Como
Zoo, and the Duluth Zoo. The remainder
may be apportioned through a competitive
grants process or may be allocated by the
commissioner to zoos that are accredited by
the Association of Zoos and Aquariums or
that demonstrate to the commissioner a plan
for working toward that accreditation during
the biennium ending June 30, 2011.
new text end

new text begin (m) Councils of Color. $125,000 in 2010
and $125,000 in 2011 are for the Council on
Asian-Pacific Minnesotans, for community
events and to celebrate and preserve the
culture of Asian-Pacific Minnesotans.
$125,000 in 2010 and $125,000 in 2011
are for the Council on Black Minnesotans
for community events, technical projects,
and an affirmative action baseline study.
$125,000 in 2010 and $125,000 in 2011
are for the Indian Affairs Council for the
preservation of Indian Cultural sites and the
burial and handling of remains. $125,000
in 2010 and $125,000 in 2011 are to the
Council on Affairs of Chicano/Latino people
for community events and initiatives that
preserve the culture of Latinos in Minnesota
and for research on community needs.
new text end

new text begin (n) Film and TV Board. $50,000 is
appropriated to the Film and TV Board for a
grant to plan for future uses of a revolving
loan fund or other financial mechanism to
stabilize future film rebates and job creation.
This appropriation may also be used for film
festival planning.
new text end

new text begin Subd. 6. new text end

new text begin Minnesota State Capitol
new text end

new text begin The Department of Administration, the
Capitol Area Architecture and Planning
Board, and the Minnesota Historical Society
shall consider and report to the legislature
on possible uses of funds created under the
Minnesota Constitution, article XI, section
15, for the restoration, renovation, and repair
of the State Capitol.
new text end

Sec. 3. new text beginDEPARTMENT OF EDUCATION.
new text end

new text begin new text end new text begin new text end

new text begin Subdivision 1. new text end

new text begin Arts education
new text end

new text begin $
new text end
new text begin 2,000,000
new text end
new text begin $
new text end
new text begin 2,000,000
new text end

new text begin (a) This appropriation is for grants to school
districts to provide materials or resources to
teachers, students, and parents to promote
achievement of K-12 academic standards
in the arts. The commissioner must ensure
these grants are distributed equitably among
districts in all regions of the state. No more
than 2.5 percent of grants under this section
may be used for administration.
new text end

new text begin (b) The commissioner may award a grant
under this subdivision only if a district
demonstrates that the money will supplement
traditional sources of funding and will not be
used as a substitute.
new text end

new text begin (c) An applicant for a grant under this
subdivision must state the outcomes to be
achieved with the grant money, and must
report to the commissioner within 90 days
after the grant funds have been spent on
achievement of the proposed outcomes.
new text end

new text begin (d) Of these funds, $150,000 in 2010 is
appropriated to the commissioner for the
creation and conduct of a census of public
school-based arts education offerings
during the school day and in after-school
noncompetitive activities, and of arts
education opportunities for persons of all
ages through community education and in
nonprofit community-based programs.
new text end

new text begin Subd. 2. new text end

new text begin Arts access
new text end

new text begin 4,000,000
new text end
new text begin 4,000,000
new text end

new text begin (a) This appropriation is for grants to provide
access to arts and arts education for all
ages. The commissioner may award grants
to school districts, community education
programs, libraries, or to other community
organizations. No more than 2.5 percent of
any grant may be used by the department
for administration. The commissioner must
ensure these grants are distributed equitably
among all regions of the state. Grants under
this subdivision may be used for either or
both of these purposes:
new text end

new text begin (1) to pay attendance fees and travel
costs for youth to visit art museums, arts
performances, or other arts activities; or
new text end

new text begin (2) to bring artists to schools, libraries, or
other community centers or organizations for
teaching, training, or performance purposes.
new text end

new text begin (b) The commissioner may award a grant
under this subdivision only if the recipient
demonstrates that the money will supplement
traditional sources of funding and will not be
used as a substitute.
new text end

new text begin (c) An applicant for a grant under this
subdivision must state the outcomes to be
achieved with the grant money, and must
report to the commissioner within 90 days
after the grant funds have been spent on
achievement of the proposed outcomes.
new text end

new text begin Subd. 3. new text end

new text begin Libraries
new text end

new text begin 5,000,000
new text end
new text begin 5,000,000
new text end

new text begin $5,000,000 in 2010 and $5,000,000 in
2011 are appropriated to the Department of
Education for grants allocated using existing
formulas under Minnesota Statutes, section
134.355, to the 12 Minnesota Regional
Library Systems, to provide educational
opportunities in the arts, history, literary arts,
and cultural heritage of Minnesota. No more
than 2.5 percent of funds may be used for
administration by regional library systems.
This is a onetime appropriation. These funds
may be used to sponsor programs provided
by regional libraries, or to provide grants
to local arts and cultural heritage programs
for programs in partnership with regional
libraries. None of these funds may be used
for maintenance of effort requirements.
Counties are not subject to maintenance of
effort requirements pertaining to these funds.
new text end

new text begin Subd. 4. new text end

new text begin Reporting of outcomes
new text end

new text begin The commissioner must report to the
legislature by January 15, 2010, and January
15, 2011, on grants made for arts education
and on grants made for arts access under
this section. Each report must include the
recipient, the amount, and the purpose of
each grant. Each report must also summarize
the expected and actual outcomes of the
grant funding.
new text end

Sec. 4. new text beginLEGISLATURE
new text end

new text begin $
new text end
new text begin 33,000
new text end
new text begin $
new text end
new text begin 56,000
new text end

new text begin (a) $33,000 the first year and $21,000
the second year are for the Legislative
Coordinating Commission to fulfill the duties
as required under Minnesota Statutes, section
3.303, subdivision 10.
new text end

new text begin (b) $35,000 the second year is for the
legislative auditor to conduct program and
financial audits.
new text end

Sec. 5. new text beginINDIAN LANGUAGE PRESERVATION.
new text end

new text begin (a) $150,000 is appropriated in fiscal year 2010 from the arts and cultural heritage
fund to the Indian Affairs Council for the working group on Dakota and Ojibwe Language
Revitalization and Preservation created under article 7, section 7. Any balance in fiscal
year 2010 is available in fiscal year 2011.
new text end

new text begin (b) $600,000 in 2010 and $750,000 in 2011 are appropriated jointly to the
Department of Education and the Office of Higher Education to issue grants for programs
to preserve Native Indian languages and to foster educational programs in Native
languages.
new text end

Sec. 6. new text beginAPPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Commissioner. new text end

new text begin The sums indicated in this section are appropriated
from the arts and cultural heritage fund to the Indian Affairs Council for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Dakota and Ojibwe immersion programs. new text end

new text begin For a grant to the Niigaane
Ojibwe Immersion School and the Wicoie Nandagikendan Urban Immersion Project:
new text end

new text begin $
new text end
new text begin 250,000
new text end
new text begin .....
new text end
new text begin 2010
new text end
new text begin $
new text end
new text begin 250,000
new text end
new text begin .....
new text end
new text begin 2011
new text end

new text begin Of this amount, $125,000 each year is available for Niigaane Ojibwe Immersion School
and $125,000 each year is available for Wicoie Nandagikendan Urban Immersion Project
to:
new text end

new text begin (1) develop and expand K-12 curriculum;
new text end

new text begin (2) provide fluent speakers in the classroom;
new text end

new text begin (3) develop appropriate testing and evaluation procedures; and
new text end

new text begin (4) develop community-based training and engagement.
new text end

new text begin This is a onetime appropriation.
new text end

ARTICLE 5

GOVERNANCE

Section 1.

new text begin [3.3004] PRINCIPLES FOR SPENDING LEGACY FUNDS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The principles in this section are intended to guide the
legislature in making appropriations from the dedicated funds created under the Minnesota
Constitution, article XI, section 15. To the extend practicable, the Outdoor Heritage
Council shall refer to these principles in their planning and project consideration.
new text end

new text begin Subd. 2. new text end

new text begin Legal principles. new text end

new text begin Appropriations from the dedicated funds must meet all
requirements of the Minnesota Constitution, article XI, section 15, and all other legal
requirements.
new text end

new text begin Subd. 3. new text end

new text begin Governance, process, and administrative principles. new text end

new text begin In making
appropriations from the dedicated funds, the legislature must attempt to:
new text end

new text begin (1) use existing systems, agencies, and entities to distribute funds, rather than create
new bureaucracies;
new text end

new text begin (2) be in accordance with plans for each fund, based on current science and on public
engagement, and with outcomes that are achieved in a reasonable amount of time;
new text end

new text begin (3) develop and use indicators of success and accountability that meet the public's
demands for open and transparent processes;
new text end

new text begin (4) increase outreach and encourage participation in the legislative and grant-making
process so that a wider variety of Minnesotans receive funds; and
new text end

new text begin (5) develop innovative uses of funds that work across traditional boundaries and
encourage cooperation among multiple interest groups.
new text end

new text begin Subd. 4. new text end

new text begin Outcome principles. new text end

new text begin In making appropriations from the dedicated funds,
the legislature must attempt to:
new text end

new text begin (1) increase the percentage of Minnesotans who participate in the enjoyment, use,
and maintenance of our cultural and outdoor resources;
new text end

new text begin (2) provide every Minnesotan greater access to arts, history, and cultural activities,
arts education opportunities, clean water, including quality drinking water, a fully restored
outdoors environment with hunting and fishing opportunities, outdoor recreation, public
broadcasting signals, and engagement in Minnesota's traditions and history;
new text end

new text begin (3) prevent pollution and restore impaired waters;
new text end

new text begin (4) strive toward meeting statewide priorities and values, emphasizing geographical
and regional fairness within each fund;
new text end

new text begin (5) give priority to projects that improve the state or a regional economy, creating
jobs and leveraging nonstate money; and
new text end

new text begin (6) communicate through visible identification the direct results of investments
made with money from the constitutionally dedicated funds.
new text end

Sec. 2.

Minnesota Statutes 2008, section 3.303, is amended by adding a subdivision to
read:


new text begin Subd. 10. new text end

new text begin Constitutionally dedicated funding accountability. new text end

new text begin (a) The Legislative
Coordinating Commission shall develop and maintain a user-friendly, public-oriented
Web site that informs, educates, and demonstrates to the public how the constitutionally
dedicated funds in the arts and cultural heritage fund, outdoor heritage fund, clean water
fund, parks and trails fund, and environment and natural resources trust fund are being
expended to meet the requirements established for each fund in the state constitution.
Information provided on the Web site must include, but is not limited to:
new text end

new text begin (1) information on all project proposals received by the Outdoor Heritage Council
and the Legislative-Citizen Commission on Minnesota Resources;
new text end

new text begin (2) information on all projects receiving funding, including proposed measurable
outcomes and the plan for measuring and evaluating the results;
new text end

new text begin (3) measured outcomes and evaluation of projects as required under sections 85.53,
subdivision 2; 97A.056, subdivision 9; 114D.50, subdivision 2; and 129D.17, subdivision
2;
new text end

new text begin (4) education about the areas and issues the projects address, including, when
feasible, maps of where projects have been undertaken;
new text end

new text begin (5) all frameworks developed for future uses of each fund; and
new text end

new text begin (6) methods by which members of the public may apply for project funds under
any of the constitutionally dedicated funds.
new text end

new text begin (b) All information for proposed and funded projects, including the proposed
measurable outcomes, must be made available on the Web site as soon as practicable.
Information on the measured outcomes and evaluation must be posted as soon as it
becomes available. The costs of these activities shall be paid out of the arts and cultural
heritage fund, outdoor heritage fund, clean water fund, parks and trails fund, and the
environment and natural resources trust fund proportionately. For purposes of this section,
"measurable outcomes" means outcomes, indicators, or other performance measures that
may be quantified or otherwise measured in order to measure the effectiveness of a project
or program in meeting its intended goal or purpose.
new text end

new text begin (c) The Legislative Coordinating Commission shall be responsible for receiving all
ten-year plans and 25-year frameworks for each of the constitutionally dedicated funds. To
the extent practicable, staff for the commission shall provide assistance and oversight to
these planning efforts and shall coordinate public access to hearings and public meetings
for all planning efforts.
new text end

Sec. 3.

new text begin [3.358] LEGISLATIVE GUIDE.
new text end

new text begin A legislative guide shall be created stating principles for the use and expected
outcomes of all funds from dedicated sales taxes pursuant to the Minnesota Constitution,
article XI, section 15. This guide shall be created jointly by the Cultural and Outdoor
Resources Division of the house of representatives, and by the appropriate senate
committee as designated by the majority leader of the senate.
new text end

new text begin The legislative guide required by this section shall be for the years 2010 to 2015
and shall include the following provisions:
new text end

new text begin (1) principles by which to guide future expenditures for each fund;
new text end

new text begin (2) desired outcomes for such expenditures;
new text end

new text begin (3) a general statement applicable to later years for these funds; and
new text end

new text begin (4) consideration of financial methods such as revolving loan funds that may be used
in future appropriations.
new text end

new text begin The legislative guide shall be completed by the legislative committees by December
15, 2009, and shall be considered and discussed by all committees with jurisdiction over
these funds at public hearings.
new text end

new text begin To the extent practicable, the legislative guide shall be used to direct future
appropriations of the legislature.
new text end

Sec. 4.

Minnesota Statutes 2008, section 3.971, is amended by adding a subdivision to
read:


new text begin Subd. 9. new text end

new text begin Restoration audits. new text end

new text begin The legislative auditor shall conduct restoration
audits on a portion of land restorations funded in whole or in part with state funds, to
determine whether the activities and programs funded with state funds, including the
outdoor heritage fund, the parks and trails fund, the clean water fund, the environment and
natural resources trust fund, and state-issued bonds, are accomplishing their restoration
goals. The audit must include a critical analysis of the restoration goals and objectives,
scientific evaluation of the results, and the effectiveness of the restorations in meeting
applicable restoration requirements. The legislative auditor shall hire or contract with
scientists and other appropriate persons to meet this requirement. Restoration audits shall
be funded out of the fund that funded the restoration, when possible. For the purposes
of this section, a "restoration audit" is a scientific evaluation of an area of land that has
been restored in order to determine whether the restoration meets applicable requirements
for the restoration.
new text end

Sec. 5.

Minnesota Statutes 2008, section 85.53, is amended to read:


85.53 PARKS AND TRAILS FUND.

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

The parks and trails fund is established in the
Minnesota Constitution, article XI, section 15. All money earned by the parks and trails
fund must be credited to the fund.

new text begin Subd. 2. new text end

new text begin Expenditures; accountability. new text end

new text begin (a) A project or program receiving funding
from the parks and trails fund must meet or exceed the constitutional requirement to
support parks and trails of regional or statewide significance. A project or program
receiving funding from the parks and trails fund must include measurable outcomes, as
defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the
results. A project or program must be consistent with current science when appropriate
and incorporate state-of-the-art technology when appropriate.
new text end

new text begin (b) Funding from the parks and trails fund must be requested and granted for an
entire project, even if the project will take multiple years to complete. For the purposes of
this requirement, a project that is part of a larger project and that could also be considered
a single project is a single project.
new text end

new text begin (c) Biennially, money from the parks and trails fund shall be expended to balance
the benefits across all regions and residents of the state.
new text end

new text begin (d) All information for funded projects, including the proposed measurable
outcomes, must be made available on the Web site required under section 3.303,
subdivision 10, as soon as practicable. Information on the measured outcomes and
evaluation must be posted as soon as it becomes available.
new text end

new text begin (e) Grants funded by the parks and trails fund must be implemented according to
section 16B.98. Proposals must specify all organizations, including contact information,
that will receive any portion of a grant and specify a process for any regranting envisioned.
Priority for grant proposals must be given to proposals involving grants that will be
competitively awarded.
new text end

new text begin (f) A recipient of money from the parks and trails fund must display a sign on lands
and capital improvements purchased, restored, or protected with money from the parks
and trails fund that includes the logo developed by the commissioner of natural resources
to identify it as a project funded with money from the vote of the people of Minnesota on
November 4, 2008.
new text end

new text begin (g) Money from the parks and trails fund may only be spent on projects located
in Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Metropolitan area distribution formula. new text end

new text begin Money appropriated from the
parks and trails fund to the Metropolitan Council shall be distributed to implementing
agencies, as defined in section 473.351, subdivision 1, paragraph (a), as grants according
to the following formula:
new text end

new text begin (1) 45 percent of the money must be disbursed according to the allocation formula in
section 473.351, subdivision 3, to each implementing agency;
new text end

new text begin (2) 31.5 percent of the money must be distributed based on each implementing
agency's relative share of the most recent estimate of the population of the metropolitan
area;
new text end

new text begin (3) 13.5 percent of the money must be distributed based on each implementing
agency's relative share of nonlocal visits based on the most recent user visitation survey
conducted by the Metropolitan Council; and
new text end

new text begin (4) ten percent of the money must be distributed as grants to implementing agencies
for land acquisition within Metropolitan Council approved regional parks and trails master
plan boundaries under the council's park acquisition opportunity grant program. The
Metropolitan Council must provide a match of $2 of the council's park bonds for every $3
of state funds for the park acquisition opportunity grant program.
new text end

new text begin Subd. 4. new text end

new text begin Data availability. new text end

new text begin Data collected by the projects funded with money from
the parks and trails fund that have value for planning and management of natural resources,
emergency preparedness, and infrastructure investments must conform to the enterprise
information architecture developed by the Office of Enterprise Technology. Spatial data
must conform to geographic information system guidelines and standards outlined in that
architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land
Management Information Center. A description of these data that adheres to the Office
of Enterprise Technology geographic metadata standards must be submitted to the Land
Management Information Center to be made available online through the clearinghouse
and the data must be accessible and free to the public unless made private under chapter
13. To the extent practicable, summary data and results of projects and programs funded
with money from the parks and trails fund should be readily accessible on the Internet and
identified as a parks and trails fund project.
new text end

new text begin Subd. 5. new text end

new text begin Special review. new text end

new text begin A project receiving an appropriation or appropriations
from the parks and trails fund totaling $10,000,000 or more in a biennium is subject to the
following requirements:
new text end

new text begin (1) the attorney general must review and approve all contracts and real estate
transactions, including conservation easements, and make a determination of whether they
are in the best interest of the state and whether they meet all applicable requirements; and
new text end

new text begin (2) a second appraisal, meeting the state appraisal requirements for land acquisitions
under section 84.0272, must be conducted and approved by the commissioner of natural
resources for all real estate transactions, including conservation easements.
new text end

Sec. 6.

Minnesota Statutes 2008, section 97A.056, subdivision 2, is amended to read:


Subd. 2.

deleted text beginLessarddeleted text end Outdoor Heritage Council.

(a) The deleted text beginLessarddeleted text end Outdoor Heritage
Council of 12 members is created in the legislative branch, consisting of:

(1) two public members appointed by the senate Subcommittee on Committees of
the Committee on Rules and Administration;

(2) two public members appointed by the speaker of the house;

(3) four public members appointed by the governor;

(4) two members of the senate appointed by the senate Subcommittee on Committees
of the Committee on Rules and Administration; and

(5) two members of the house of representatives appointed by the speaker of the
house.

(b) Members appointed under paragraph (a) must not be registered lobbyists.
In making appointments, the governor, senate Subcommittee on Committees of the
Committee on Rules and Administration, and the speaker of the house shall consider
geographic balance, gender, age, ethnicity, and varying interests including hunting and
fishing. The governor's appointments to the council are subject to the advice and consent
of the senate.

(c) Public members appointed under paragraph (a) shall have practical experience
or expertise or demonstrated knowledge in the science, policy, or practice of restoring,
protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
wildlife.

(d) Legislative members appointed under paragraph (a) shall include the chairs
of the legislative committees with jurisdiction over environment and natural resources
finance or their designee, one member from the minority party of the senate, and one
member from the minority party of the house of representatives.

(e) Members serve four-year terms and shall be initially appointed according to
the following schedule of terms:

(1) two public members appointed by the governor for a term ending the first
Monday in January 2011;

(2) one public member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2011;

(3) one public member appointed by the speaker of the house for a term ending
the first Monday in January 2011;

(4) two public members appointed by the governor for a term ending the first
Monday in January 2013;

(5) one public member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2013;

(6) one public member appointed by the speaker of the house for a term ending the
first Monday in January 2013; and

(7) two members of the senate appointed by the senate Subcommittee on Committees
of the Committee on Rules and Administration for a term ending the first Monday in
January 2013, and two members of the house of representatives appointed by the speaker
of the house for a term ending the first Monday in January 2013.

(f) Compensation and removal of public members are as provided in section
15.0575. A vacancy on the council may be filled by the appointing authority for the
remainder of the unexpired term.

(g) The first meeting of the council shall be convened by the chair of the Legislative
Coordinating Commission no later than December 1, 2008. Members shall elect a chair,
vice-chair, secretary, and other officers as determined by the council. The chair may
convene meetings as necessary to conduct the duties prescribed by this section.

(h) The deleted text beginDepartment of Natural Resourcesdeleted text endnew text begin Legislative Coordinating Commissionnew text end
shall provide administrative support for the council. Up to one percent of the money
appropriated from the fund may be used to cover the deleted text beginstaffing and relateddeleted text end administrative
expenses of the deleted text begindepartment and to cover the compensation and traveldeleted text end new text begincouncil; office
expenses; and per diem and
new text end expenses of council membersnew text begin pursuant to this subdivision;
the staffing and related administrative expenses of the legislative auditor under section
3.971, subdivision 9; and the staffing and related expenses of the Legislative Coordinating
Commission under section 3.303, subdivision 10
new text end.

Sec. 7.

Minnesota Statutes 2008, section 97A.056, subdivision 3, is amended to read:


Subd. 3.

Council recommendations.

(a) The council shall make recommendations
to the legislature on appropriations of money from the outdoor heritage fund that are
consistent with the Constitution and state law and that deleted text begintake into considerationdeleted text endnew text begin will
achieve
new text end the outcomes ofnew text begin existing natural resource plansnew text end, including, but not limited to,
the Minnesota new text beginStatewide new text endConservation and Preservation Plan, that directly relate to the
restoration, protection, and enhancement of wetlands, prairies, forests, and habitat for fish,
game, and wildlife, and that prevent forest fragmentation, encourage forest consolidation,
and expand restored native prairie. The council shall submit its initial recommendations to
the legislature no later than April 1, 2009. Subsequent recommendations shall be submitted
no later than January 15 each year. The council shall present its recommendations to the
senate and house of representatives committees with jurisdiction over the environment
and natural resources budget by February 15 in odd-numbered years, and within the
first four weeks of the legislative session in even-numbered years. The council's budget
recommendations to the legislature shall be separate from the Department of Natural
Resource's budget recommendations.

(b) To encourage and support local conservation efforts, the council shall establish a
conservation partners program. Local, regional, state, or national organizations may apply
for matching grants for restoration, protection, and enhancement of wetlands, prairies,
forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation,
encouragement of forest consolidation, and expansion of restored native prairie.

(c) The council may work with the Clean Water Council to identify projects that
are consistent with both the purpose of the outdoor heritage fund and the purpose of
the clean water fund.

(d) The council may make recommendations to the Legislative-Citizen Commission
on Minnesota Resources on scientific research that will assist in restoring, protecting, and
enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing
forest fragmentation, encouraging forest consolidation, and expanding restored native
prairie.

(e) Recommendations of the council, including approval of recommendations for the
outdoor heritage fund, require an affirmative vote of at least nine members of the council.

new text begin (f) The council may work with the Clean Water Council, the Legislative-Citizen
Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and
water conservation districts, and experts from Minnesota State Colleges and Universities
and the University of Minnesota in developing the council's recommendations.
new text end

new text begin (g) The council shall develop and implement a process that ensures that citizens
and potential recipients of funds are included throughout the process, including the
development and finalization of the council's recommendations. The process must include
a fair, equitable, and thorough process for reviewing requests for funding and a clear and
easily understood process for ranking projects.
new text end

new text begin (h) The council shall use the regions of the state based upon the ecological
regions and subregions developed by the Department of Natural Resources and establish
objectives for each region and subregion to achieve the purposes of the fund outlined
in the state constitution.
new text end

new text begin (i) The council shall develop and submit to the Legislative Coordinating Commission
plans for the first ten years of funding, and a framework for 25 years of funding, consistent
with statutory and constitutional requirements. The council may use existing plans from
other legislative, state, and federal sources, as applicable.
new text end

Sec. 8.

Minnesota Statutes 2008, section 97A.056, subdivision 6, is amended to read:


Subd. 6.

Audit.

The deleted text begincouncil shall select an independent auditor todeleted text endnew text begin legislative auditor
shall
new text end audit the outdoor heritage fund expendituresnew text begin, including administrative and staffing
expenditures,
new text end every two years to ensure that the money is spent to restore, protect, and
enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife.

Sec. 9.

Minnesota Statutes 2008, section 97A.056, subdivision 7, is amended to read:


Subd. 7.

Legislative oversight.

deleted text begin(a)deleted text end The senate and house of representatives chairs
of the committees with jurisdiction over the environment and natural resources budget
shall convene a joint hearing to review the activities and evaluate the effectiveness of the
council and deleted text beginevaluate the effectiveness and efficiency of the department's administration
and staffing of the council after five years but
deleted text end new text beginto receive reports on the council from the
legislative auditor
new text endno later than June 30, 2014.

deleted text begin (b) By January 15, 2013, a professional outside review authority shall be chosen by
the chairs of the house of representatives and senate committees with jurisdiction over
environment and natural resources to evaluate the effectiveness and efficiency of the
department's administration and staffing of the council. A report shall be submitted to
the chairs by January 15, 2014.
deleted text end

Sec. 10.

Minnesota Statutes 2008, section 97A.056, is amended by adding a
subdivision to read:


new text begin Subd. 8. new text end

new text begin Priorities and expenditure requirements. new text end

new text begin (a) A project receiving funding
from the outdoor heritage fund must meet or exceed the constitutional requirements to
restore, protect, and enhance wetlands, prairies, forests, and habitat for fish, game, and
wildlife. Priority must be given to projects that meet more than one of these requirements.
A project must be consistent with current science when appropriate and incorporate state
of the art technology when appropriate. The council may establish funding priorities to
direct funding toward the highest priorities. Priority may be given to projects that are
time sensitive or have a sense of urgency.
new text end

new text begin (b) Funding from the outdoor heritage fund must be requested and granted for an
entire project, even if the project will take multiple years to complete. For the purposes of
this requirement, a project that is part of a larger project and that could also be considered
a single project is a single project.
new text end

new text begin (c) Biennially, money from the outdoor heritage fund shall be expended to balance
the benefits across all regions and residents of the state.
new text end

new text begin (d) Grants funded by the outdoor heritage fund must be implemented according to
section 16B.98. Proposals must specify all organizations, including contact information,
that will receive any portion of a grant and specify a process for any regranting envisioned.
Priority for grant proposals must be given to proposals involving grants that will be
competitively awarded.
new text end

new text begin (e) Money from the outdoor heritage fund may only be spent on projects located
in Minnesota.
new text end

Sec. 11.

Minnesota Statutes 2008, section 97A.056, is amended by adding a
subdivision to read:


new text begin Subd. 9. new text end

new text begin Proposal and project requirements. new text end

new text begin (a) A request for funding from
the outdoor heritage fund shall:
new text end

new text begin (1) include a list of measurable outcomes, as defined in section 3.303, subdivision
10, and a plan for measuring and evaluating the results;
new text end

new text begin (2) to the extent practicable, include a list of any lands to be acquired, protected, or
restored; and
new text end

new text begin (3) identify the entity that will hold the title or easement of any lands to be acquired
or protected.
new text end

new text begin (b) Lands acquired by fee with funds from the outdoor heritage fund must be open
to the public taking of game and fish during the open season unless otherwise provided
by law.
new text end

new text begin (c) Lands acquired by fee, restored, or protected by easements with money from
the outdoor heritage fund should ensure the viability of Minnesota's forests, prairies,
wetlands, and habitats by supporting native biological diversity and their ecological
complexes and provide protection against invasive species, and must meet one or more
of the following criteria:
new text end

new text begin (1) are identified as an area of biodiversity significance by the county biological
survey;
new text end

new text begin (2) maintain or enhance native plant, fish, or wildlife species designated as
endangered or threatened under section 84.0895;
new text end

new text begin (3) maintain a native ecological community;
new text end

new text begin (4) possess a unique quality that is of value to the biodiversity of the region;
new text end

new text begin (5) are adjacent to lands meeting one or more of the requirements under clauses (1)
to (4) and that, when restored or protected, enhance those adjacent lands;
new text end

new text begin (6) are degraded lands that, when restored, would provide or contribute to critical
habitat for native plants, fish, and wildlife; or
new text end

new text begin (7) enhance native plant, fish, or wildlife species.
new text end

new text begin (d) Lands acquired by fee or easement purchased in whole or in part with money
from the outdoor heritage fund must be perpetually protected and have an ecological
restoration plan with sufficient funding for implementation. The ecological restoration
plan must meet the statutory definitions of restore, protect, and enhance in section 84.02.
Consideration should be given to relevant factors that would provide the best chance for
long-term success of the restoration. The plan shall:
new text end

new text begin (1) include the proposed timetable for implementing the restoration, including
site preparation, establishment of diverse plant species, maintenance, and additional
enhancement to establish the restoration;
new text end

new text begin (2) identify long-term maintenance and management needs of the restoration and
how the maintenance, management, and enhancement will be financed; and
new text end

new text begin (3) take advantage of the most current science and include innovative techniques
to achieve the best restoration.
new text end

new text begin (e) To the extent possible, lands restored with money from the outdoor heritage fund
must use vegetation only of Minnesota's native ecotypes, using a high diversity of species
originating from as close to the restoration site as possible, and must protect existing
native prairies from genetic contamination.
new text end

new text begin (f) Lands purchased, restored, or protected by easements with money from the
outdoor heritage fund are not eligible for wetland replacement or mitigation credits.
new text end

new text begin (g) A recipient of money from the outdoor heritage fund must display a sign on lands
purchased, restored, or protected by easements with money from the outdoor heritage fund
that identifies it as a project funded with money from the vote of the people of Minnesota
on November 4, 2008.
new text end

new text begin (h) To ensure public accountability for the use of public funds, a recipient of
money from the outdoor heritage fund must provide documentation to the council 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 shall also report to the council any
difference between the acquisition amount paid to the seller and the state-certified or
state-reviewed appraisal. Acquisition data such as appraisals may remain private during
negotiations but must ultimately be made public according to chapter 13.
new text end

new text begin (i) The owner of an interest in real property acquired with money from the outdoor
heritage fund 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 notifying the council
in writing. For the purposes of this section, "interest in real property" includes, but is not
limited to, an easement or fee title to property.
new text end

new text begin (j) A recipient of money from the outdoor heritage fund shall not use the funds to
cover any organizational or operational expenses not related to the project being funded.
new text end

new text begin (k) All information for proposed and funded projects, including the proposed
measurable outcomes, must be made available on the Web site required under section
3.303, subdivision 10, as soon as practicable. Information on the measured outcomes and
evaluation must be posted as it becomes available.
new text end

Sec. 12.

Minnesota Statutes 2008, section 97A.056, is amended by adding a
subdivision to read:


new text begin Subd. 10. new text end

new text begin Data availability. new text end

new text begin Data collected by the projects funded with money
from the outdoor heritage fund that have value for planning and management of natural
resources, emergency preparedness, and infrastructure investments must conform to the
enterprise information architecture developed by the Office of Enterprise Technology.
Spatial data must conform to geographic information system guidelines and standards
outlined in that architecture and adopted by the Minnesota Geographic Data Clearinghouse
at the Land Management Information Center. A description of these data that adheres to
the Office of Enterprise Technology geographic metadata standards must be submitted
to the Land Management Information Center to be made available online through the
clearinghouse and the data must be accessible and free to the public unless made private
under chapter 13. To the extent practicable, summary data and results of projects funded
with money from the outdoor heritage fund should be readily accessible on the Internet
and identified as an outdoor heritage fund project.
new text end

Sec. 13.

Minnesota Statutes 2008, section 97A.056, is amended by adding a
subdivision to read:


new text begin Subd. 11. new text end

new text begin Report required. new text end

new text begin The council shall, by January 15 of each year, submit a
report to the governor, the chairs of the house of representatives appropriations and senate
finance committees, and the chairs of the house of representatives and senate committees
on environment and natural resources and the committees with jurisdiction over the
outdoor heritage fund. The report must be available to the public and posted on the Web
site required under section 3.303, subdivision 10. The report must include:
new text end

new text begin (1) the source and amount of all revenues collected and distributed by the council,
including all administrative and other expenses;
new text end

new text begin (2) a description of the assets and liabilities of the outdoor heritage fund;
new text end

new text begin (3) any findings or recommendations that are deemed proper to assist the legislature
in formulating legislation;
new text end

new text begin (4) a list of all gifts and donations with a value over $1,000; and
new text end

new text begin (5) a copy of the most recent audit required under subdivision 6 and any restoration
audits required under section 3.971, subdivision 9, completed during the preceding
biennium.
new text end

Sec. 14.

Minnesota Statutes 2008, section 97A.056, is amended by adding a
subdivision to read:


new text begin Subd. 12. new text end

new text begin Special review. new text end

new text begin A project receiving an appropriation or appropriations
from the outdoor heritage fund totaling $10,000,000 or more in a biennium is subject to
the following requirements:
new text end

new text begin (1) the attorney general must review and approve all contracts and real estate
transactions, including conservation easements, and make a determination of whether they
are in the best interest of the state and whether they meet all applicable requirements; and
new text end

new text begin (2) a second appraisal, meeting the state appraisal requirements for land acquisitions
under section 84.0272, must be conducted and approved by the commissioner of natural
resources for all real estate transactions, including conservation easements.
new text end

Sec. 15.

Minnesota Statutes 2008, section 114D.50, is amended to read:


114D.50 CLEAN WATER FUND.

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

The clean water fund is established in the Minnesota
Constitution, article XI, section 15. All money earned by the fund must be credited to
the fund.

new text begin Subd. 2. new text end

new text begin Sustainable drinking water account. new text end

new text begin The sustainable drinking water
account is established as an account in the clean water fund.
new text end

new text begin Subd. 3. new text end

new text begin Purpose. new text end

new text begin (a) The clean water fund may be spent only to protect, enhance,
and restore water quality in lakes, rivers, and streams, to protect groundwater from
degradation, and to protect drinking water sources by:
new text end

new text begin (1) providing additional grants, loans, and technical assistance to public agencies
and others who are participating in the process of testing waters, identifying impaired
waters, developing total maximum daily loads, implementing restoration plans for
impaired waters, and evaluating the effectiveness of restoration;
new text end

new text begin (2) supporting additional measures to prevent surface waters from becoming
impaired and to improve the quality of waters that are listed as impaired, but do not have
an approved total maximum daily load addressing the impairment;
new text end

new text begin (3) providing additional grants and loans for wastewater and storm water treatment
projects through the Public Facilities Authority;
new text end

new text begin (4) supporting additional measures to prevent the degradation of groundwater in
accordance with the groundwater degradation prevention goal under section 103H.001; and
new text end

new text begin (5) providing additional funds to state agencies to carry out their responsibilities,
including enhanced compliance and enforcement, under this chapter.
new text end

new text begin (b) Funds from the clean water fund must supplement traditional sources of funding
for these purposes and may not be used as a substitute.
new text end

new text begin Subd. 4. new text end

new text begin Expenditures; accountability. new text end

new text begin (a) A project receiving funding from
the clean water fund must meet or exceed the constitutional requirements to protect,
enhance, and restore water quality in lakes, rivers, and streams and to protect groundwater
from degradation. Priority must be given to projects that meet more than one of these
requirements. A project receiving funding from the clean water fund shall include
measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for
measuring and evaluating the results. A project must be consistent with current science
when appropriate and incorporate state-of-the-art technology when appropriate.
new text end

new text begin (b) Biennially, money from the clean water fund shall be expended to balance the
benefits across all regions and residents of the state.
new text end

new text begin (c) All information for proposed and funded projects, including the proposed
measurable outcomes, must be made available on the Web site required under section
3.303, subdivision 10, as soon as practicable. Information on the measured outcomes and
evaluation must be posted as it becomes available. Information classified as not public
under section 13D.05, subdivision 3, paragraph (d), is not required to be placed on the
Web site.
new text end

new text begin (d) Grants funded by the clean water fund must be implemented according to section
16B.98. Proposals must specify all organizations, including contact information, that
will receive any portion of a grant and specify a process for any regranting envisioned.
Priority for grant proposals must be given to proposals involving grants that will be
competitively awarded.
new text end

new text begin (e) A recipient of money from the clean water fund must display a sign on lands
and capital improvements purchased, restored, or protected with money from the clean
water fund that identifies it as a project funded with money from the vote of the people of
Minnesota on November 4, 2008.
new text end

new text begin (f) Money from the clean water fund may only be spent on projects located in
Minnesota.
new text end

new text begin Subd. 5. new text end

new text begin Data availability. new text end

new text begin Data collected by the projects funded with money from
the clean water fund that have value for planning and management of natural resources,
emergency preparedness, and infrastructure investments must conform to the enterprise
information architecture developed by the Office of Enterprise Technology. Spatial data
must conform to geographic information system guidelines and standards outlined in that
architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land
Management Information Center. A description of these data that adheres to the Office
of Enterprise Technology geographic metadata standards must be submitted to the Land
Management Information Center to be made available online through the clearinghouse
and the data must be accessible and free to the public unless made private under chapter
13. To the extent practicable, summary data and results of projects funded with money
from the clean water fund should be readily accessible on the Internet and identified as a
clean water fund project.
new text end

new text begin Subd. 6. new text end

new text begin Special review. new text end

new text begin A project receiving an appropriation or appropriations
from the clean water fund totaling $10,000,000 or more in a biennium is subject to the
following requirements:
new text end

new text begin (1) the attorney general must review and approve all contracts and real estate
transactions, including conservation easements, and make a determination of whether they
are in the best interest of the state and whether they meet all applicable requirements; and
new text end

new text begin (2) a second appraisal, meeting the state appraisal requirements for land acquisitions
under section 84.0272, must be conducted and approved by the commissioner of natural
resources for all real estate transactions, including conservation easements.
new text end

Sec. 16.

Minnesota Statutes 2008, section 116P.05, subdivision 2, is amended to read:


Subd. 2.

Duties.

(a) The commission shall recommend an annual 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) The commission shall recommend expenditures to the legislature from the state
land and water conservation account in the natural resources fund.

(c) 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 program 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. new text beginThe work program and semiannual
progress reports must include a list of measurable outcomes and a plan for measuring
and evaluating the results. A list of any lands to be restored, or acquired in fee title or
through easements, and the entity that will hold the title or easement must be identified
in the work program.
new text endNone of the money provided may be spent unless the commission
has approved the pertinent work program.

(d) 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.

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

(f) 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. 17.

Minnesota Statutes 2008, section 129D.17, is amended to read:


129D.17 ARTS AND CULTURAL HERITAGE FUND.

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

The arts and cultural heritage fund is established in
the Minnesota Constitution, article XI, section 15. All money earned by the fund must
be credited to the fund.

new text begin Subd. 2. new text end

new text begin Expenditures; accountability. new text end

new text begin (a) Funding from the arts and cultural
heritage fund may be spent only for arts, arts education, and arts access and to preserve
Minnesota's history and cultural heritage. A project or program receiving funding from the
arts and cultural heritage fund must include measurable outcomes, as defined in section
3.303, subdivision 10, and a plan for measuring and evaluating the results. A project or
program must be consistent with current scholarship, or best practices, when appropriate
and incorporate state-of-the-art technology when appropriate.
new text end

new text begin (b) Funding from the arts and cultural heritage fund may be granted for an entire
project or for part of a project so long as the recipient provides a description and cost for
the entire project and can demonstrate that it has adequate resources to ensure that the
entire project will be completed.
new text end

new text begin (c) Biennially, money from the arts and cultural heritage fund shall be expended to
balance the benefits across all regions and residents of the state.
new text end

new text begin (d) All information for funded projects, including the proposed measurable
outcomes, must be made available on the Web site required under section 3.303,
subdivision 10, as soon as practicable. Information on the measured outcomes and
evaluation must be posted as soon as it becomes available.
new text end

new text begin (e) Grants funded by the arts and cultural heritage fund must be implemented
according to section 16B.98. Proposals must specify all organizations, including contact
information, that will receive any portion of a grant and specify a process for any
regranting envisioned. Priority for grant proposals must be given to proposals involving
grants that will be competitively awarded.
new text end

new text begin (f) A recipient of money from the arts and cultural heritage fund must display a sign
on capital projects and an acknowledgment in a printed program or other material funded
with money from the arts and cultural heritage fund that identifies it as a project funded
with money from the vote of the people of Minnesota on November 4, 2008.
new text end

new text begin (g) All money from the arts and cultural heritage fund must be for projects located
in Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Special review. new text end

new text begin A project receiving an appropriation or appropriations
from the arts and cultural heritage fund totaling $10,000,000 or more in a biennium is
subject to the following requirements:
new text end

new text begin (1) the attorney general must review and approve all contracts and real estate
transactions and make a determination of whether they are in the best interest of the state
and whether they meet all applicable requirements; and
new text end

new text begin (2) a second appraisal, meeting the state appraisal requirements for land acquisitions,
must be conducted.
new text end

Sec. 18. new text beginSTATE AND REGIONAL PARKS AND TRAILS FRAMEWORK.
new text end

new text begin (a) $250,000 in fiscal year 2010 is appropriated from the parks and trails fund to
the commissioner of natural resources for a collaborative project to develop a 25-year
framework for the use of the money available in the parks and trails fund under the
Minnesota Constitution, article XI, section 15, and other traditional sources of funding.
The collaborative project shall consist of a joint effort between representatives of the
commissioner of natural resources, the Metropolitan Council and its implementing
agencies, the Central Minnesota Regional Parks and Trails Coordinating Board, and
regional parks and trails organizations outside the metropolitan area. The members shall
prepare a ten-year strategic parks and trails coordination plan and develop a 25-year
framework for use of the funding that includes goals and measurable outcomes and
includes a vision for Minnesotans of what the state and regional parks will look like in
25 years.
new text end

new text begin (b) In developing the coordination plan and framework, the members shall utilize a
process, including Web site survey tools and regional listening sessions, to be staffed by
the commissioner, that ensures that citizens are included in development and finalization
of the final plan and framework. The commissioner, council, and board shall provide for
input from user groups and local and regional park and trail organizations.
new text end

new text begin (c) The plan and framework must include:
new text end

new text begin (1) a proposed definition of "parks and trails of regional significance";
new text end

new text begin (2) a plan to increase the number of visitors to state and regional parks;
new text end

new text begin (3) assessment of the need for new or expanded regional outdoor recreation systems
to preserve and connect high-quality, diverse natural resources in areas with concentrated
and increasing populations;
new text end

new text begin (4) budgeting for ongoing maintenance;
new text end

new text begin (5) decommissions;
new text end

new text begin (6) a plan for trails that takes into account connectivity and the potential for use
by commuters;
new text end

new text begin (7) requirements for local contribution; and
new text end

new text begin (8) benchmarks, beginning no later than July 1, 2014.
new text end

new text begin (d) The commissioner shall submit the ten-year plan and 25-year framework in
November 15, 2009.
new text end

Sec. 19. new text beginARTS AND CULTURAL HERITAGE FRAMEWORK.
new text end

new text begin (a) By February 1, 2010, a joint subcommittee of the house of representatives
and senate committees with jurisdiction over the arts and cultural heritage fund shall
conduct public meetings to gather additional public stakeholder input and provide
recommendations to their respective bodies for a one-year plan establishing criteria,
priorities, and parameters for awarding grants and resources. The joint subcommittee
shall select representatives to participate in the collaborative project created under
paragraph (b). The Legislative Coordinating Commission may use resources allocated to
it under this section to provide the research and analysis necessary for the subcommittee
to complete their work.
new text end

new text begin (b) $250,000 in fiscal year 2010 is appropriated from the arts and cultural heritage
fund to the Legislative Coordinating Commission for a collaborative project to develop
a ten-year plan and a 25-year framework for the use of the money available in the arts
and cultural heritage fund under the Minnesota Constitution, article XI, section 15, and
other traditional sources of funding. The collaborative project shall consist of a joint
effort between representatives nominated by various listed organizations as follows, and
approved by the director: an arts education organization serving youth, an arts education
organization serving adults, a civics education organization, the Minnesota Historical
Society, local and regional historical organizations, Minnesota Board of the Arts, selected
Minnesota zoos, children's museums, and libraries, Minnesota public television and radio,
the Minnesota Center for the Humanities, and the Science Museum of Minnesota. The
speaker of the house and the senate Subcommittee on Committees of the Committee on
Rules and Administration shall each appoint three public members with expertise in the
arts and cultural heritage, who have no connection to existing arts and cultural heritage
organizations, and who come from diverse areas of the state, to provide public perspective
on future frameworks for funding. The commission shall ensure that public hearings are
conducted by those creating plans and frameworks under this section. The members shall
prepare a ten-year plan and a 25-year framework for use of the funding that includes goals
and measurable outcomes and includes a vision for Minnesotans of what arts, history, and
cultural heritage will look like in 25 years. The Legislative Coordinating Commission
may choose to issue a contract to the University of Minnesota to conduct and coordinate
this collaborative project, or may let a competitive grant to another organization for such a
contract.
new text end

new text begin (c) In developing the coordination plan and framework, the members shall utilize
a process, including Web site survey tools and regional listening sessions, to be staffed
by the Legislative Coordinating Commission, that ensures that citizens are included
in development and finalization of the final plan and framework. The Legislative
Coordinating Commission shall provide for input from user groups and local and regional
arts and cultural heritage organizations.
new text end

new text begin (d) The plan and framework must include:
new text end

new text begin (1) a proposed definition of "arts, history, and cultural heritage";
new text end

new text begin (2) a plan to increase participation in arts, history, and cultural activities;
new text end

new text begin (3) plans to enhance services to persons, programs, artists, and communities not
traditionally served by existing programs, including plans to develop and change existing
program priorities to meet these goals;
new text end

new text begin (4) a plan for serving areas with limited access to arts, historical, and cultural
heritage organizations;
new text end

new text begin (5) parameters for ongoing budgeting;
new text end

new text begin (6) requirements for local contribution;
new text end

new text begin (7) standards for measuring outcomes;
new text end

new text begin (8) leveraging private and nonstate dollars and examining the economic impact
of new and expanded programs;
new text end

new text begin (9) consideration and feasibility of a revolving loan fund for capital projects; and
new text end

new text begin (10) consideration of ways to best limit funding to Minnesota-only projects.
new text end

new text begin (e) The director of the Legislative Coordinating Commission shall submit the
ten-year plan and a 25-year framework in a report to the legislature no later than October
1, 2010, and shall submit a preliminary report no later than December 15, 2009.
new text end

Sec. 20. new text beginCOMPREHENSIVE STATEWIDE SUSTAINABLE WATER
RESOURCES DETAILED FRAMEWORK.
new text end

new text begin (a) The University of Minnesota shall develop a comprehensive statewide
sustainable water resources detailed framework to protect, conserve, and enhance the
quantity and quality of the state's ground and surface waters. The detailed framework
shall be a long-range, 25-year detailed framework, with an implementation schedule and
associated benchmarks, for policy, research, monitoring, and evaluation in order to achieve
sustainable ground and surface water use, including the ecological benefits provided by
water resources to humans and fish and wildlife habitat. For the purposes of the detailed
framework, water use is sustainable when the use does not harm ecosystems, degrade
water quality, or compromise the ability of future generations to meet their own needs.
new text end

new text begin (b) The detailed framework shall be developed by the University of Minnesota Water
Resources Center in cooperation with federal, state, and local government and private
nonprofits with expertise in water resources. In developing the detailed framework, the
water resources plans of organizations with water resources expertise shall be considered.
The detailed framework must include, but is not limited to, identification of infrastructure
needs, drinking water, ground and surface waters, storm water, agricultural and industrial
needs, the interfaces of climate change, development and land use, and demographics.
The detailed framework must identify best practices and methods for determining the
effectiveness of those practices for wastewater treatment, drinking water source protection,
pollution prevention, conservation, and water valuation.
new text end

new text begin (c) The University of Minnesota shall also develop a ten-year plan for sustainable
water resources. In developing this plan, the University of Minnesota Water Resources
Center shall examine existing plans, as available and appropriate, from the Environmental
Quality Board and Clean Water Council.
new text end

new text begin (d) The University of Minnesota shall submit the detailed framework to the chairs
of the legislative committees with jurisdiction over agriculture policy and finance and
environment and natural resources policy and finance by January 1, 2011.
new text end

new text begin (e) It is a condition of acceptance of this appropriation that the University of
Minnesota must submit a work plan, a timeline, a budget, and periodic progress reports to
the Legislative Coordinating Commission. After review, the work plan, progress reports,
and any comments on the plan must be submitted to the house of representatives and
senate environment finance and policy committees, and to the Legislative Coordinating
Commission.
new text end

Sec. 21. new text beginLIMITS ON APPROPRIATIONS.
new text end

new text begin All appropriations from any fund created under the Minnesota Constitution, article
XI, section 15, shall be onetime only, for the 2010-2011 biennium, and shall not carry
forward past 2011 unless otherwise stated. No appropriations may be carried forward as
part of a budget base. The legislature shall reconsider all funding before the beginning
of the 2011 legislative session, and shall construct new appropriations without regard
to past funding decisions.
new text end

ARTICLE 6

MANAGEMENT

Section 1.

new text begin [84C.021] CONSERVATION EASEMENT PURPOSE STATEMENT.
new text end

new text begin A conservation easement purchased in whole or in part with state funds appropriated
on or after July 1, 2009, must include a statement of the conservation purposes of the
easement including the conservation attributes associated with the real property and the
benefit to the general public intended to be served by the restriction on uses of the real
property subject to the conservation easement.
new text end

Sec. 2.

new text begin [84C.06] LONG-TERM LAND MANAGEMENT ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account established. new text end

new text begin A long-term land management account is
established in the special revenue fund. The commissioner of finance shall credit to the
long-term land management account the contributions required under subdivision 2 and
any gifts and donations made to the account. The State Board of Investment shall invest
the principle of the account. All earnings on the investment shall accrue to the account. For
the purposes of this section, land management includes monitoring and enforcement. The
commissioner of finance shall report to the legislature by January 15 of each odd-numbered
year on contributions and investment earnings of the account and, effective in 2019, on
expenditures from the account. "Monitoring" for purposes of this section means review of
actual practices of land management as they occur. "Enforcement" for purposes of this
section means actions taken to ensure compliance with laws and stated agreements.
new text end

new text begin Subd. 2. new text end

new text begin Contributions required. new text end

new text begin (a) A holder of a permanent conservation
easement purchased in whole or in part with state funds appropriated on or after July 1,
2009, shall contribute the greater of $10,000 or five percent of the appraised value of the
land to the long-term land management account established in subdivision 1 within 30
days of purchasing the easement.
new text end

new text begin (b) A holder of a permanent conservation easement that transfers the conservation
easement to the state on or after July 1, 2009, shall contribute the greater of $10,000
or five percent of the appraised value of the land to the long-term land management
account established in subdivision 1 within 30 days of transferring the easement unless the
contribution requirement has been met by the state.
new text end

new text begin (c) The owner of land acquired in fee title purchased in whole or in part with state
funds appropriated on or after July 1, 2009, for natural resource purposes, including
lands acquired by the commissioner of natural resources and lands acquired to restore,
protect, and enhance wetlands, prairies, forests, habitat, water quality, and other natural
resources, shall contribute the greater of $10,000 or five percent of the appraised value of
the land to the long-term land management account established in subdivision 1 within
30 days of purchasing the land.
new text end

new text begin (d) The owner of land acquired in fee title purchased in whole or in part with state
funds for natural resource purposes, including lands acquired by the commissioner of
natural resources or lands acquired to restore, protect, and enhance wetlands, prairies,
forests, habitat, water quality, and other natural resources, that transfers land to the state
on or after July 1, 2009, shall contribute the greater of $10,000 or five percent of the
appraised value of the land to the long-term land management account established in
subdivision 1 within 30 days of transferring the land unless the contribution requirement
has been met by the state. This paragraph does not apply to a unit of local government
for land acquired for park purposes, trails, open space, conservation, and agricultural
preservation, if the commissioner of natural resources determines that the governing body
of the unit of local government has approved a plan to manage the land for as long as the
unit of local government owns the land.
new text end

new text begin (e) Nothing in this section prohibits a holder of an easement or the owner of land
in fee title from accepting gifts or other funds to be used in meeting the contribution
requirements of this section or prohibits a contribution from being made on behalf of a
holder of an easement or owner of land in fee title to meet the requirements of this section.
new text end

new text begin (f) For the purposes of this section, "appraised value" is the most recent assessor's
estimated market value under section 273.11, subdivision 1, the most recent purchase
price, or the most recent appraised value of the land, whichever is greater.
new text end

new text begin (g) For conservation easements acquired under chapters 103B to 103H, or when
federal funds contribute to the purchase of an easement, the state's easement cost as
determined by rates established by the Board of Water and Soil Resources, will be the
basis for determining the five percent in this section.
new text end

new text begin Subd. 3. new text end

new text begin Exemption. new text end

new text begin The commissioner of natural resources and the Board of
Water and Soil Resources may waive the contribution requirement under subdivision 2 for
a holder of a conservation easement or owner of land in fee title, upon request, provided
the following conditions are met:
new text end

new text begin (1) for the holder of a conservation easement, the holder must:
new text end

new text begin (i) demonstrate a history of providing long-term management, monitoring, and
enforcement of conservation easements;
new text end

new text begin (ii) demonstrate the ability to fund long-term management, monitoring, and
enforcement of conservation easements; and
new text end

new text begin (iii) have or soon will set aside funds for the management, monitoring, and
enforcement of the conservation easement subject to the requirement under subdivision 2,
such as administration of an account similar to the long-term land management account
established under this section.
new text end

new text begin (2) for the owner of land in fee title, the owner must:
new text end

new text begin (i) demonstrate a history of providing land management in accordance with
applicable requirements and natural resource purposes;
new text end

new text begin (ii) demonstrate the ability to fund the applicable land management requirements
and purposes; and
new text end

new text begin (iii) have or soon will set aside funds for the management of the land subject to the
requirement under subdivision 2, such as administration of an account similar to the
long-term land management account established under this section.
new text end

new text begin Subd. 4. new text end

new text begin Expenditures. new text end

new text begin Money appropriated from the long-term land management
account must only be spent on the management, monitoring, and enforcement of
conservation easements to ensure that the purposes for conservation easements according
to section 84C.021 are met and on the management of lands purchased with state funds
for natural resource purposes. Funds must be appropriated by law and shall not be
appropriated until July 1, 2017.
new text end

Sec. 3.

Minnesota Statutes 2008, section 477A.12, subdivision 2, is amended to read:


Subd. 2.

Procedure.

Lands for which payments in lieu are made pursuant to section
97A.061, subdivision 3, and Laws 1973, chapter 567, new text beginor lands for which a onetime
payment has been made under section 477A.121
new text endshall not be eligible for payments
under this section. Each county auditor shall certify to the Department of Natural
Resources during July of each year prior to the payment year the number of acres of
county-administered other natural resources land within the county. The Department of
Natural resources may, in addition to the certification of acreage, require descriptive lists
of land so certified. The commissioner of natural resources shall determine and certify to
the commissioner of revenue by March 1 of the payment year:

(1) the number of acres and most recent appraised value of acquired natural
resources land within each county;

(2) the number of acres of commissioner-administered natural resources land within
each county;

(3) the number of acres of county-administered other natural resources land within
each county, based on the reports filed by each county auditor with the commissioner
of natural resources; and

(4) the number of acres of land utilization project land within each county.

The commissioner of transportation shall determine and certify to the commissioner
of revenue by March 1 of the payment year the number of acres of land and the appraised
value of the land described in subdivision 1, paragraph (b), but only if it exceeds 500 acres.

The commissioner of revenue shall determine the distributions provided for in this
section using the number of acres and appraised values certified by the commissioner of
natural resources and the commissioner of transportation by March 1 of the payment year.

Sec. 4.

new text begin [477A.121] NATURAL RESOURCES LAND ONETIME PAYMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Onetime payments. new text end

new text begin (a) A onetime payment shall be made under
this section on any acquired natural resources land purchased with funds from the outdoor
heritage fund appropriated on or after July 1, 2010, to the county in which the land is
located. The payment is equal to 25 percent of the appraised value of the acquired natural
resources land.
new text end

new text begin (b) Each year, the commissioner of natural resources shall determine the total
amount of payments for each county on acquired natural resources lands located in the
county that were acquired in the previous calendar year and certify that amount to the
commissioner of revenue by March 1.
new text end

new text begin (c) Land receiving a onetime payment under this section is not eligible for payments
under section 97A.061 or 477A.12.
new text end

new text begin Subd. 2. new text end

new text begin Determination of appraised value. new text end

new text begin For the purposes of this section, the
appraised value of acquired natural resources land is the purchase price. If the acquisition
involves a donation, the appraised value of acquired natural resources land is the value
determined for the commissioner of natural resources by a licensed appraiser, or the
county assessor's estimated market value if the county assessor's estimated market value is
less than $100,000 and no appraisal has been done.
new text end

new text begin Subd. 3. new text end

new text begin Transfer; source of funds. new text end

new text begin An amount necessary to make the payments
required under this section is annually appropriated to the commissioner of natural
resources from the outdoor heritage fund for transfer to the commissioner of revenue. The
commissioner of revenue shall make the payments required under this section to the
counties at the same time that the first half of aid payments under sections 477A.011 to
477A.014 are made.
new text end

new text begin Subd. 4. new text end

new text begin Investment and use of funds. new text end

new text begin (a) Upon receipt of a onetime payment,
the county shall disburse to each town an equivalent percentage of the onetime payment
as would have been distributed to the town under section 477A.14 of funds paid under
section 477A.12.
new text end

new text begin (b) The onetime payment remaining after disbursement under paragraph (a) shall be
invested and only the interest may be expended, except that the board may approve by
unanimous vote the use of principal for authorized purposes when it is determined that
the interest payment is insufficient for a required expenditure. The interest or authorized
principal may only be used for the purposes under section 97A.061 or 477A.12.
new text end

Sec. 5. new text beginEFFECTIVE DATE.
new text end

new text begin (a) Sections 1 to 4 are effective July 1, 2009, except that sections 1 to 4 do not apply
to the Board of Water and Soil Resources until September 30, 2010; and
new text end

new text begin (b) Sections 1 to 4 do not apply to any project or appropriation contained in this act.
new text end

ARTICLE 7

MISCELLANEOUS

Section 1.

new text begin [3.3006] APPLICATION.
new text end

new text begin The definitions of "enhance," "protect," and "restore" in section 84.02 apply to all
funds appropriated and purposes authorized under the clean water fund, parks and trails
fund, and outdoor heritage fund.
new text end

Sec. 2.

Minnesota Statutes 2008, section 84.02, is amended by adding a subdivision to
read:


new text begin Subd. 4a. new text end

new text begin Enhance. new text end

new text begin "Enhance" means to improve in value, quality, and desirability
in order to increase the ecological value of the land or water.
new text end

Sec. 3.

Minnesota Statutes 2008, section 84.02, is amended by adding a subdivision to
read:


new text begin Subd. 6a. new text end

new text begin Protect. new text end

new text begin "Protect" means actions taken to preserve the structure and
functions of ecological systems to maintain active and healthy ecosystems and prevent
future degradation.
new text end

Sec. 4.

Minnesota Statutes 2008, section 84.02, is amended by adding a subdivision to
read:


new text begin Subd. 6b. new text end

new text begin Restore. new text end

new text begin "Restore" means renewing degraded, damaged, or destroyed
ecosystems through active human intervention to achieve high-quality ecosystems
that provide the structure, function, biological diversity, and dynamics of the specific
ecosystem.
new text end

Sec. 5.

new text begin [129D.18] PUBLIC TELEVISION AND RADIO CULTURAL AND
HERITAGE PRODUCTION AND ACQUISITION GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Use of grant funds. new text end

new text begin Money appropriated from the Minnesota arts
and cultural heritage fund may be designated to make grants to public stations, as defined
in section 129D.12, subdivision 2, and public educational radio stations. Grants received
under this section must be used to create, produce, acquire, or distribute programs that
educate, enhance, or promote local, regional, or statewide items of artistic, cultural, or
historic significance. Grant funds may be used to cover any expenses associated with the
creation, production, acquisition, or distribution of public television or radio programs
through broadcast or online, including the creation and distribution of educational
materials.
new text end

new text begin Subd. 2. new text end

new text begin Administration. new text end

new text begin Money appropriated under this section must be used by
the commissioner of administration to make grants based upon the recommendations of
the Minnesota Public Television Association or the Association of Minnesota Public
Educational Radio Stations.
new text end

new text begin Subd. 3. new text end

new text begin Conditions. new text end

new text begin (a) A public station or public educational radio station
receiving funds appropriated under this section must:
new text end

new text begin (1) make programs produced with these funds available for broadcast to all other
public stations or public educational radio stations eligible to receive grants under this
section;
new text end

new text begin (2) offer free public performance rights for public educational institutions;
new text end

new text begin (3) archive programs produced with these funds and make the programs available
for future use through encore broadcast or other distribution, including online; and
new text end

new text begin (4) ensure that underwriting credit is given to the Minnesota arts and cultural
heritage fund.
new text end

new text begin (b) Programs produced in partnership with other mission-centered nonprofit
organizations may be used by the partnering organization for its own educational or
promotional purposes.
new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin A public station or public educational radio station
receiving funds appropriated under this section must report annually by August 1 to the
commissioner and the chairs of the senate and house of representatives committees and
divisions having jurisdiction over arts and cultural heritage policy and budget regarding
how the previous year's grant funds were expended. This report must contain specific
information regarding the details for each program produced and broadcast, including the
cost of production, the number of stations broadcasting the program, estimated viewership
or number of listeners, the number of Web site downloads, and other related measures.
If the programs produced include educational material, the public station or public
educational radio station must report to the commissioner on these efforts.
new text end

Sec. 6.

new text begin [138.0375] HISTORY EDUCATION LEARNING PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin History education learning program established. new text end

new text begin The history
education learning program (HELP) is established to augment the preservation of historic
sites and museums in Minnesota with funding from the arts and cultural heritage fund
created by the Minnesota Constitution, article XI, section 15.
new text end

new text begin Subd. 2. new text end

new text begin Eligible projects. new text end

new text begin (a) HELP funding must be for one or more of the
following purposes:
new text end

new text begin (1) code compliance at a historic site or museum, including, but not limited to,
health and safety, Americans with Disabilities Act requirements, hazardous material
abatement, access improvement, air quality improvement, energy conservation measures,
or sustainable energy systems;
new text end

new text begin (2) building, grounds, or infrastructure repairs or maintenance necessary to preserve
or protect the historic site or museum; or
new text end

new text begin (3) improvements or modernization for interactive, interpretive, or cultural purposes
at a historic site or museum.
new text end

new text begin (b) Up to 15 percent of an appropriation under this section may be used for design,
project management, and administrative costs.
new text end

new text begin Subd. 3. new text end

new text begin State-owned or state-operated historic sites and museums. new text end

new text begin Money
appropriated for purposes of this subdivision is for state-owned or state-operated historic
sites and museums and must be used for the purposes described in subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Project priorities; report to legislature. new text end

new text begin (a) The Minnesota Historical
Society shall establish criteria for prioritizing HELP projects.
new text end

new text begin (b) By January 15 of each year, the Minnesota Historical Society shall submit
a prioritization plan to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over arts and cultural
heritage finance. The prioritization plan must include, without limitation, a list of the
projects that have been paid for during the preceding calendar year with HELP funding,
a prioritized list of projects for which HELP funding will be sought during the next six
fiscal years, and a summary of the need and estimated costs for each project.
new text end

Sec. 7. new text beginVOLUNTEER WORKING GROUP ON DAKOTA AND OJIBWE
LANGUAGE REVITALIZATION AND PRESERVATION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A volunteer working group is established to develop
a unified strategy to revitalize and preserve indigenous languages of the 11 federally
recognized American Indian tribes in Minnesota. As the federal government recognized
through passage of the Esther Martinez Native American Languages Preservation Act
of 2006, the revitalization and preservation of American Indian languages is of vital
importance to preserving the American Indian culture. There have been recent efforts in
Minnesota to develop programs to teach the Dakota and Ojibwe languages to students
and to create fluent speakers at both the kindergarten through grade 12 level and at the
postsecondary level. The volunteer working group shall, among other duties, inventory
these efforts and make recommendations regarding how to further revitalize and preserve
Dakota and Ojibwe languages.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The executive director of the Minnesota Indian Affairs
Council shall invite each of the 11 federally recognized tribes under Minnesota Statutes,
section 3.922, subdivision 1, clause (1), to participate by appointing one member of each
tribe to the working group. Three additional members shall be appointed by the Indian
Affairs Council. Two of these members must represent the American Indian population
in the Minneapolis-St. Paul area and one member must represent the American Indian
population in Duluth. Other working group members may include, at their discretion, the
commissioner of education or the commissioner's appointee, the director of the Office of
Higher Education or the director's appointee, the director of the Minnesota Historical
Society or the director's appointee, one member of the Board of Teaching, one member of
the senate appointed by its Subcommittee on Committees, and one member of the house
of representatives appointed by the speaker of the house. The working group may add
other members as deemed appropriate by a majority vote of the existing members. The
executive director of the Indian Affairs Council must convene the first meeting no later
than September 1, 2009. At the first meeting, the members shall elect from amongst
themselves a chair and vice chair of the working group.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The working group must develop strategies for the 11 federally
recognized American Indian tribes and the state to work together to revitalize and preserve
the Dakota and Ojibwe languages in Minnesota. The duties of the working group include,
but are not limited to:
new text end

new text begin (1) creating an inventory of existing programs designed to preserve Dakota and
Ojibwe languages in the state, including postsecondary programs, programs in tribal
schools, and other schools throughout the state;
new text end

new text begin (2) creating an inventory of available resources for Dakota and Ojibwe language
revitalization and immersion programs, including curriculum, educational materials,
and trained teachers;
new text end

new text begin (3) identifying curriculum needs to train teachers to teach the Dakota and Ojibwe
languages in immersion programs and barriers to training teachers to teach the Dakota and
Ojibwe language;
new text end

new text begin (4) identifying classroom curriculum needs for teaching students in Dakota and
Ojibwe languages;
new text end

new text begin (5) determining how the identified curriculum needs should be met;
new text end

new text begin (6) determining if there is a need for a central repository of resources, and if there
is a need, where the repository should be located, how it should be structured, and who
should have responsibility for maintaining the repository;
new text end

new text begin (7) determining what technical assistance the state could offer to further Dakota
and Ojibwe language immersion programs;
new text end

new text begin (8) identifying both existing state and national financial resources available to further
Dakota and Ojibwe language revitalization and preservation efforts;
new text end

new text begin (9) identifying current state and federal law, rules, regulations, and policy that
should be repealed, modified, or waived, in order to further Dakota and Ojibwe language
immersion programs; and
new text end

new text begin (10) assessing the level of interest in the community for Dakota and Ojibwe
language immersion programs.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The working group must report its findings and recommendations
to the Indian Affairs Council and the committees of the legislature having jurisdiction over
early childhood through grade 12 education and higher education by February 15, 2011.
The committee expires on February 16, 2011.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 8

INVASIVE SPECIES

Section 1. new text beginAPPROPRIATION; FOREST PROTECTION RESERVE.
new text end

new text begin $2,000,000 is appropriated in fiscal year 2010 from the outdoor heritage fund to
the commissioner of agriculture to identify, prevent, and in consultation with the forest
resources council, protect Minnesota forests by rapidly and effectively responding to the
threat or presence of plant pests. At the commissioner's discretion, the commissioner may
access this appropriation if sufficient resources are not available from state, federal, or
other sources or if the commissioner determines that sufficient state, federal, or other
resources will not be available to the commissioner in time to effectively prevent the
introduction or spread of tree pests and avert environmental or economic harm. Up to
$125,000 is available immediately to the commissioner of agriculture to update the state's
invasive and exotic tree pest plans by addressing the role of all stakeholders in preventing
the introduction or spread of, responding to, and containing outbreaks and in remediation.
The commissioner shall work in consultation with the commissioner of natural resources,
the Forest Resources Council, and the Forest Protection Task Force and shall report
findings and recommendations to the governor and the appropriate legislative committees.
The report must include recommendations to ensure that a coordinated and effective
response network is in place to protect our forests. The commissioner of agriculture may
transfer all or part of this appropriation to the commissioner of natural resources and may
award grants to local units of government or other entities. Any unencumbered balance
does not cancel at the end of fiscal year 2010 and is available in fiscal year 2011.
new text end

Sec. 2. new text beginSTATE EXTERNAL FIREWOOD QUARANTINE.
new text end

new text begin As authorized under Minnesota Statutes, section 18G.06, the commissioner of
agriculture must immediately issue and enforce an emergency state exterior quarantine
to prevent the entry of firewood into this state unless the person possessing the firewood
demonstrates to the satisfaction of the commissioner or the commissioner's agent that
the firewood:
new text end

new text begin (1) was aged at least two years;
new text end

new text begin (2) has been heated sufficiently to kill pests and disease; or
new text end

new text begin (3) is either transported or will be received by a person who has entered into a
compliance agreement with the commissioner.
new text end

new text begin The quarantine may be modified or repealed at the discretion of the commissioner of
agriculture, as provided under Minnesota Statutes, section 18G.06, subdivision 6.
new text end