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Minnesota Legislature

Office of the Revisor of Statutes

HF 1926

4th Engrossment - 88th Legislature (2013 - 2014) Posted on 05/13/2014 03:06pm

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

Current Version - 4th Engrossment

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A bill for an act
relating to natural resources; appropriating money from outdoor heritage fund;
modifying restoration evaluation requirements; modifying provisions for
acquiring real property with money from outdoor heritage fund; modifying
previous parks and trails fund appropriation; amending Minnesota Statutes 2012,
section 97A.056, subdivisions 1, 10, 13.

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

ARTICLE 1

OUTDOOR HERITAGE FUND

Section 1. new text beginOUTDOOR HERITAGE APPROPRIATION.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 for the fiscal year indicated for each purpose. The figures "2014"
and "2015" used in this article mean that the appropriations listed under them are available
for the fiscal year ending June 30, 2014, or June 30, 2015, respectively. "The first year" is
fiscal year 2014. "The second year" is fiscal year 2015. "The biennium" is fiscal years
2014 and 2015. The appropriations in this act are onetime.
new text end

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

Sec. 2. new text beginOUTDOOR HERITAGE FUND
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 -0-
new text end
new text begin $
new text end
new text begin 109,320,000
new text end

new text begin This appropriation is from the outdoor
heritage fund. 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 -0-
new text end
new text begin 37,435,000
new text end

new text begin (a) DNR Wildlife Management Area and
Scientific and Natural Area Acquisition -
Phase VI
new text end

new text begin $8,145,000 in the second year is to the
commissioner of natural resources to acquire
land in fee for wildlife management area
purposes under Minnesota Statutes, section
86A.05, subdivision 8, and to acquire
land in fee for scientific and natural area
purposes under Minnesota Statutes, section
86A.05, subdivision 5. Of this amount,
$4,250,000 is for the Vermillion River
Wildlife Management Area addition in
Dakota County. Money appropriated in this
paragraph may not be used to acquire any
portion of the Vermillion River Wildlife
Management Area Addition that is or will
be subject to the removal of gravel or other
mining activities. Any funds not spent on
the Vermillion River Wildlife Management
Area addition must be used for acquisition
of land in the seven-county metropolitan
area. Lands acquired with this appropriation
may not be used for emergency haying
and grazing in response to federal or state
disaster declarations. Conservation grazing
under a management plan that is already
being implemented may continue. Subject
to the evaluation criteria under Minnesota
Rules, part 6136.0900, priority must be
given to acquisition of lands that are eligible
for the native prairie bank under Minnesota
Statutes, section 84.96, or lands adjacent to
protected native prairie. A list of proposed
land and permanent conservation easement
acquisitions must be provided as part of the
required accomplishment plan.
new text end

new text begin (b) Accelerating Wildlife Management
Area Acquisition - Phase VI
new text end

new text begin $10,350,000 in the second year is to the
commissioner of natural resources for an
agreement with Pheasants Forever to acquire
land in fee for wildlife management area
purposes under Minnesota Statutes, section
86A.05, subdivision 8. Lands acquired
with this appropriation may not be used for
emergency haying and grazing in response
to federal or state disaster declarations.
Conservation grazing under a management
plan that is already being implemented may
continue. Subject to the evaluation criteria
under Minnesota Rules, part 6136.0900,
priority must be given to acquisition of
lands that are eligible for the native prairie
bank under Minnesota Statutes, section
84.96, or lands adjacent to protected native
prairie. A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (c) Minnesota Prairie Recovery Project -
Phase V
new text end

new text begin $3,940,000 in the second year is to the
commissioner of natural resources for a
contract with The Nature Conservancy
to acquire native prairie, wetlands, and
savanna and restore and enhance grasslands,
wetlands, and savanna. A list of proposed
land acquisitions must be provided as part of
the required accomplishment plan and must
be consistent with the priorities identified
in the Minnesota Prairie Conservation Plan.
Lands acquired with this appropriation
may not be used for emergency haying and
grazing in response to federal or state disaster
declarations. Conservation grazing under
a management plan that is already being
implemented may continue. Subject to the
evaluation criteria under Minnesota Rules,
part 6136.0900, priority must be given to
acquisition of lands that are eligible for the
native prairie bank under Minnesota Statutes,
section 84.96, or lands adjacent to protected
native prairie. Annual income statements
and balance sheets for income and expenses
from land acquired with this appropriation
must be submitted to the Lessard-Sams
Outdoor Heritage Council no later than 180
days following the close of The Nature
Conservancy's fiscal year.
new text end

new text begin (d) Northern Tallgrass Prairie National
Wildlife Refuge Land Acquisition - Phase
V
new text end

new text begin $2,450,000 in the second year is to the
commissioner of natural resources for a
contract with The Nature Conservancy in
cooperation with the United States Fish
and Wildlife Service to acquire land in
fee or permanent conservation easements
within the Northern Tallgrass Prairie Habitat
Preservation Area in western Minnesota for
addition to the Northern Tallgrass Prairie
National Wildlife Refuge. Lands acquired
with this appropriation may not be used for
emergency haying and grazing in response
to federal or state disaster declarations.
Conservation grazing under a management
plan that is already being implemented may
continue. Subject to the evaluation criteria
under Minnesota Rules, part 6136.0900,
priority must be given to acquisition of
lands that are eligible for the native prairie
bank under Minnesota Statutes, section
84.96, or lands adjacent to protected native
prairie. A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan and must be consistent
with the priorities in the Minnesota Prairie
Conservation Plan.
new text end

new text begin (e) Accelerated Protection of Grassland
and Prairie Habitat with Reinvest in
Minnesota and Native Prairie Bank
Easements
new text end

new text begin $3,000,000 in the second year is to the
commissioner of natural resources and
$2,450,000 in the second year is to the Board
of Water and Soil Resources to implement
the Minnesota Prairie Conservation
Plan through acquisition of permanent
conservation easements to protect native
prairie and grasslands. Of these amounts,
up to $112,000 to the Department of
Natural Resources and up to $65,000 to the
Board of Water and Soil Resources are for
establishing monitoring and enforcement
funds as approved in the accomplishment
plan and subject to Minnesota Statutes,
section 97A.056, subdivision 17. Lands with
easements acquired with this appropriation
may not be used for emergency haying
and grazing in response to federal or state
disaster declarations. Conservation grazing
under a management plan that is already
being implemented may continue. Subject
to the evaluation criteria under Minnesota
Rules, part 6136.0900, priority must be
given to acquisition of lands that are eligible
for the native prairie bank under Minnesota
Statutes, section 84.96, or lands adjacent to
protected native prairie. A list of permanent
conservation easements must be provided as
part of the final report.
new text end

new text begin (f) Minnesota Buffers for Wildlife and
Water - Phase IV
new text end

new text begin $2,200,000 in the second year is to the Board
of Water and Soil Resources to acquire
permanent conservation easements to protect
and enhance habitat by expanding the clean
water fund riparian buffer program for at
least equal wildlife benefits from buffers
on private land. Up to $112,500 is for
establishing a monitoring and enforcement
fund as approved in the accomplishment
plan and subject to Minnesota Statutes,
section 97A.056, subdivision 17. Lands with
easements acquired with this appropriation
may not be used for emergency haying
and grazing in response to federal or state
disaster declarations. Conservation grazing
under a management plan that is already
being implemented may continue. A list of
permanent conservation easements must be
provided as part of the final report.
new text end

new text begin (g) Cannon River Headwaters Habitat
Complex - Phase IV
new text end

new text begin $1,430,000 in the second year is to the
commissioner of natural resources for an
agreement with The Trust for Public Land to
acquire and restore lands in the Cannon River
watershed for wildlife management area
purposes under Minnesota Statutes, section
86A.05, subdivision 8. Lands acquired
with this appropriation may not be used for
emergency haying and grazing in response
to federal or state disaster declarations.
Conservation grazing under a management
plan that is already being implemented may
continue. Subject to the evaluation criteria
under Minnesota Rules, part 6136.0900,
priority must be given to acquisition of
lands that are eligible for the native prairie
bank under Minnesota Statutes, section
84.96, or lands adjacent to protected native
prairie. A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (h) Accelerated Prairie Restoration and
Enhancement on DNR Lands - Phase VI
new text end

new text begin $1,530,000 in the second year is to
the commissioner of natural resources to
accelerate the restoration and enhancement of
prairie communities in wildlife management
areas, scientific and natural areas, aquatic
management areas, state forest land, and land
under native prairie bank easements. A list of
proposed land restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (i) Anoka Sandplain Habitat Restoration
and Enhancement - Phase III
new text end

new text begin $1,190,000 in the second year is to the
commissioner of natural resources for
agreements to restore and enhance wildlife
habitat on public lands in Anoka, Benton,
Isanti, Morrison, Sherburne, and Stearns
Counties as follows: $155,000 is to Anoka
Conservation District; $79,000 is to Isanti
County Parks Department; $901,000 is to
Great River Greening; and $55,000 is to
Stearns County Soil and Water Conservation
District. A list of proposed land restorations
and enhancements must be provided as part
of the required accomplishment plan.
new text end

new text begin (j) Crow-Hassen Prairie Complex
Restoration and Enhancement
new text end

new text begin $370,000 in the second year is to the
commissioner of natural resources for an
agreement with Three Rivers Park District
to restore and enhance prairie habitat
within the Crow-Hassen Park Reserve.
A restoration and enhancement plan and
a list of proposed land restorations and
enhancements must be provided as part of
the required accomplishment plan.
new text end

new text begin (k) Prairie and Oak Savanna Restoration
along Mississippi and Rum Rivers
new text end

new text begin $380,000 in the second year is to the
commissioner of natural resources for an
agreement with Anoka County to restore
and enhance riparian and upland habitat in
the Rum River Central Regional Park/Cedar
Creek Conservation Area complex and
in the Mississippi West Regional Park.
A restoration and enhancement plan and
a list of proposed land restorations and
enhancements must be provided as part of
the required accomplishment plan.
new text end

new text begin Subd. 3. new text end

new text begin Forests
new text end

new text begin -0-
new text end
new text begin 16,100,000
new text end

new text begin (a) Preventing Forest Fragmentation
and Protecting and Restoring Lake and
Stream Habitat in St. Louis River
new text end

new text begin $2,800,000 in the second year is to the
commissioner of natural resources for a
contract with the Fond du Lac Band of Lake
Superior Chippewa to acquire lands in fee in
the St. Louis River watershed to be managed
for fish and wildlife purposes. A list of
proposed land acquisitions must be provided
as part of the required accomplishment plan.
new text end

new text begin (b) Northeastern Minnesota Sharp-Tailed
Grouse Habitat Program - Phase V
new text end

new text begin $3,150,000 in the second year is to the
commissioner of natural resources for
an agreement with Pheasants Forever in
cooperation with the Minnesota Sharp-Tailed
Grouse Society to acquire and enhance lands
in Aitkin, Carlton, Kanabec, Pine, and St.
Louis Counties for wildlife management area
purposes under Minnesota Statutes, section
86A.05, subdivision 8. Lands acquired
with this appropriation may not be used for
emergency haying and grazing in response
to federal or state disaster declarations.
Conservation grazing under a management
plan that is already being implemented may
continue. A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (c) Protecting Pineland Sands Aquifer
Forest Lands
new text end

new text begin $1,050,000 in the second year is to the
commissioner of natural resources to acquire
forest lands in Cass, Hubbard, and Wadena
Counties for wildlife management area
purposes under Minnesota Statutes, section
86A.05, subdivision 8; to acquire land in
fee for scientific and natural area purposes
under Minnesota Statutes, section 86A.05,
subdivision 5; or to acquire land in fee
for state forests under Minnesota Statutes,
section 86A.05, subdivision 7. A list of
proposed land acquisitions must be provided
as part of the required accomplishment plan.
new text end

new text begin (d) Protecting Key Forest Lands in Cass
County - Phase V
new text end

new text begin $880,000 in the second year is to the
commissioner of natural resources for a
contract with Cass County to acquire land in
fee in Cass County for forest wildlife habitat
or to prevent forest fragmentation. A list of
proposed land acquisitions must be provided
as part of the required accomplishment plan.
new text end

new text begin (e) State Forest Acquisitions - Phase II
new text end

new text begin $950,000 in the second year is to the
commissioner of natural resources to acquire
lands in fee and permanent management
easements, including for habitat purposes,
in the Richard J. Dorer State Forest under
Minnesota Statutes, section 86A.05,
subdivision 7. A list of proposed land
acquisitions must be provided as part of the
required accomplishment plan.
new text end

new text begin (f) Southeast Minnesota Protection and
Restoration - Phase II
new text end

new text begin $5,770,000 in the second year is to the
commissioner of natural resources for
agreements to acquire land in fee for wildlife
management area purposes under Minnesota
Statutes, section 86A.05, subdivision 8; to
acquire land in fee for scientific and natural
areas under Minnesota Statutes, section
86A.05, subdivision 5; to acquire land in fee
for state forest purposes under Minnesota
Statutes, section 86A.05, subdivision 7; for
permanent conservation easements; and
to restore and enhance habitat on publicly
protected lands as follows: $4,800,000 to
The Nature Conservancy; and $970,000
to Minnesota Land Trust, of which up to
$160,000 to Minnesota Land Trust is for
establishing a monitoring and enforcement
fund as approved in the accomplishment plan
and subject to Minnesota Statutes, section
97A.056, subdivision 17. Lands acquired
or lands with easements acquired with this
appropriation may not be used for emergency
haying and grazing in response to federal
or state disaster declarations. Conservation
grazing under a management plan that is
already being implemented may continue.
A list of proposed acquisitions, permanent
conservation easements, and restorations and
enhancements must be provided as part of
the required accomplishment plan.
new text end

new text begin (g) Camp Ripley Partnership - Phase IV
new text end

new text begin $1,200,000 in the second year is to the
Board of Water and Soil Resources in
cooperation with the Morrison County Soil
and Water Conservation District to acquire
permanent conservation easements within
the boundaries of the Minnesota National
Guard Compatible Use Buffer to protect
forest wildlife habitat. Up to $45,000 is for
establishing a monitoring and enforcement
fund as approved in the accomplishment plan
and subject to Minnesota Statutes, section
97A.056, subdivision 17. A list of permanent
conservation easements must be provided as
part of the final report.
new text end

new text begin (h) Floodplain Forest Enhancement on
Mississippi River
new text end

new text begin $300,000 is to the commissioner of natural
resources for an agreement with National
Audubon Society to enhance floodplain forest
habitat for wildlife on public lands along the
Mississippi River. A list of restorations and
enhancements must be provided as part of
the required accomplishment plan.
new text end

new text begin Subd. 4. new text end

new text begin Wetlands
new text end

new text begin -0-
new text end
new text begin 24,010,000
new text end

new text begin (a) Reinvest in Minnesota Wetlands
Partnership - Phase VI
new text end

new text begin $9,710,000 in the second year is to the
Board of Soil and Water Resources to
acquire permanent conservation easements
and restore wetlands and associated upland
habitat in cooperation with the United
States Department of Agriculture and
Ducks Unlimited, including $645,000
for an agreement with Ducks Unlimited
to provide technical and bioengineering
assistance. Up to $190,000 to the Board of
Water and Soil Resources is for establishing
a monitoring and enforcement fund as
approved in the accomplishment plan and
subject to Minnesota Statutes, section
97A.056, subdivision 17. A list of permanent
conservation easements must be provided as
part of the final report. The appropriations
in Laws 2012, chapter 264, article 1, section
2, subdivision 4, paragraph (a), and Laws
2013, chapter 137, article 1, section 2,
subdivision 4, paragraph (a), may be used for
the purposes of this appropriation.
new text end

new text begin (b) Accelerating Waterfowl Production
Area Acquisition - Phase VI
new text end

new text begin $7,280,000 in the second year is to the
commissioner of natural resources for a
contract with Pheasants Forever to acquire
land in fee to be designated and managed as
waterfowl production areas in Minnesota,
in cooperation with the United States Fish
and Wildlife Service. A list of proposed land
acquisitions must be provided as part of the
required accomplishment plan.
new text end

new text begin (c) Living Shallow Lakes and Wetland
Initiative - Phase IV
new text end

new text begin $4,910,000 in the second year is to the
commissioner of natural resources for
an agreement with Ducks Unlimited to
assess, enhance, and restore shallow lakes
and wetlands, including bioengineering,
technical assistance, feasibility investigation,
survey, and design to develop new
enhancement and restoration projects for
future implementation. A list of proposed
enhancements and restorations to be
constructed through this appropriation
must be provided as part of the required
accomplishment plan.
new text end

new text begin (d) Wild Rice Shoreland Protection
Program - Phase III
new text end

new text begin $198,000 in the second year is to the
commissioner of natural resources for
acquisition of land in fee and $862,000 is to
the Board of Water and Soil Resources to
acquire permanent conservation easements
on wild rice lake shoreland habitat for native
wild rice bed protection. Of this amount, up
to $70,000 to the Board of Water and Soil
Resources is for establishing a monitoring
and enforcement fund as approved in
the accomplishment plan and subject to
Minnesota Statutes, section 97A.056,
subdivision 17. A list of proposed fee land
acquisitions must be included as part of
the required accomplishment plan by the
Department of Natural Resources and a list
of permanent conservation easements must
be provided as part of the final report by the
Board of Water and Soil Resources.
new text end

new text begin (e) Accelerated Shallow Lakes and
Wetlands Enhancement - Phase VI
new text end

new text begin $1,050,000 in the second year is to the
commissioner of natural resources to enhance
and restore shallow lakes statewide. A list of
proposed land restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin Subd. 5. new text end

new text begin Habitats
new text end

new text begin -0-
new text end
new text begin 30,890,000
new text end

new text begin (a) DNR Aquatic Habitat - Phase VI
new text end

new text begin $2,560,000 in the second year is to the
commissioner of natural resources to
acquire interests in land in fee for aquatic
management purposes under Minnesota
Statutes, sections 86A.05, subdivision 14,
and 97C.02, and to restore and enhance
aquatic habitat. A list of proposed
land acquisitions and restorations and
enhancements must be provided as part of
the required accomplishment plan.
new text end

new text begin (b) Fisheries Habitat Protection on
Strategic North Central Minnesota Lakes
new text end

new text begin $2,130,000 in the second year is to the
commissioner of natural resources for
agreements with the Leech Lake Area
Watershed Foundation and Minnesota Land
Trust to acquire land in fee and permanent
conservation easements to sustain healthy
fish habitat on lakes in Aitkin, Cass, Crow
Wing, and Hubbard Counties as follows:
$1,150,300 to Leech Lake Area Watershed
Foundation; and $979,700 to Minnesota
Land Trust, of which up to $120,000 to
Minnesota Land Trust is for establishing
a monitoring and enforcement fund as
approved in the accomplishment plan and
subject to Minnesota Statutes, section
97A.056, subdivision 17. A list of proposed
land acquisitions must be provided as part of
the required accomplishment plan.
new text end

new text begin (c) Habitat Protection in Dakota County
- Phase V
new text end

new text begin $1,190,000 in the second year is to the
commissioner of natural resources for a
contract with Dakota County to acquire
permanent conservation easements and land
in fee and to restore and enhance habitats in
rivers and lake watersheds in Dakota County.
Up to $15,000 to Dakota County is for
establishing a monitoring and enforcement
fund as approved in the accomplishment
plan and subject to Minnesota Statutes,
section 97A.056, subdivision 17. Lands
acquired or lands with easements acquired
with this appropriation may not be used for
emergency haying and grazing in response
to federal or state disaster declarations.
Conservation grazing under a management
plan that is already being implemented may
continue. A list of proposed land acquisitions
and restorations and enhancements must
be provided as part of the required
accomplishment plan.
new text end

new text begin (d) Metro Big Rivers - Phase V
new text end

new text begin $2,650,000 in the second year is to the
commissioner of natural resources for
agreements to acquire land in fee and
permanent conservation easements and
to restore and enhance natural systems
associated with the Mississippi, Minnesota,
and St. Croix Rivers as follows: $600,000
to Minnesota Valley National Wildlife
Refuge Trust, Inc.; $160,000 to Friends of
the Mississippi River; $400,000 to Great
River Greening; $590,000 to Minnesota
Land Trust, of which up to $77,000 is for
establishing a monitoring and enforcement
fund as approved in the accomplishment plan
and subject to Minnesota Statutes, section
97A.056, subdivision 17; and $900,000 to
The Trust for Public Land. Lands acquired
or lands with easements acquired with
this appropriation may not be used for
emergency haying and grazing in response
to federal or state disaster declarations.
Conservation grazing under a management
plan that is already being implemented may
continue. A list of proposed land acquisitions
and permanent conservation easements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (e) Mustinka River Fish and Wildlife
Habitat Corridor Rehabilitation
new text end

new text begin $2,440,000 in the second year is to the
commissioner of natural resources for
an agreement with the Bois de Sioux
Watershed District to acquire land in fee
and to restore natural systems associated
with the Mustinka River located within the
Bois de Sioux Watershed. Lands acquired
with this appropriation may not be used for
emergency haying and grazing in response
to federal or state disaster declarations.
Conservation grazing under a management
plan that is already being implemented may
continue. A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (f) Minnesota Trout Unlimited Coldwater
Fish Habitat Enhancement and
Restoration - Phase VI
new text end

new text begin $1,900,000 in the second year is to the
commissioner of natural resources for an
agreement with Minnesota Trout Unlimited
to restore and enhance habitat for trout
and other species in and along coldwater
rivers and streams in Minnesota. A list of
proposed land restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (g) St. Louis River Restoration Initiative -
Phase II
new text end

new text begin $2,290,000 in the second year is to the
commissioner of natural resources to restore
habitat in the lower St. Louis River estuary.
Of this appropriation, up to $500,000 is for
an agreement with Minnesota Land Trust. A
list of proposed restorations must be provided
as part of the required accomplishment plan.
new text end

new text begin (h) Knife River Habitat Rehabilitation -
Phase II
new text end

new text begin $1,410,000 in the second year is to the
commissioner of natural resources for an
agreement with the Lake Superior Steelhead
Association to enhance trout habitat in the
Knife River watershed. A list of proposed
enhancements must be provided as part of
the required accomplishment plan.
new text end

new text begin (i) Restoration and Enhancement of
Washington County Public Lands
new text end

new text begin $430,000 in the second year is to the
commissioner of natural resources for an
agreement with Washington County to
restore and enhance habitat on public lands
in Washington County. A restoration and
enhancement plan and a list of proposed
land restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (j) Wirth Park Enhancements
new text end

new text begin $600,000 in the second year is to the
commissioner of natural resources for an
agreement with the Minneapolis Park Board
to enhance riparian and upland habitat
within Wirth Park in Hennepin County.
A restoration and enhancement plan and
a list of proposed land restorations and
enhancements must be provided as part of
the required accomplishment plan.
new text end

new text begin (k) Evaluate Effectiveness of Aquatic
Invasive Species Prevention Strategies
new text end

new text begin $4,040,000 in the second year is to the
commissioner of natural resources for an
agreement with the Central Minnesota
Initiative Fund to develop a series of pilot
projects to enhance aquatic habitat by
preventing the spread of aquatic invasive
species, including pilot projects conducting
education and outreach, inspection and
decontamination, enforcement, and other
activities. All pilot projects must be
conducted on a reimbursement basis and
require a match of nonoutdoor heritage fund
dollars. A required evaluation of results
must be funded with nonoutdoor heritage
fund dollars. The required evaluation must
evaluate the efficacy of inspection and
decontamination activities utilized in any of
the pilot projects in preventing the spread
of aquatic invasive species. A list of pilot
projects must be included in the required final
report. This appropriation is available until
June 30, 2019. The accomplishment plan
must accelerate the start of the pilot project.
new text end

new text begin (l) Albert Lea Lake Management and
Invasive Species Control Structure -
Supplement
new text end

new text begin $700,000 in the second year is added to
the appropriation contained in Laws 2013,
chapter 137, article 1, section 2, subdivision
5, paragraph (h), to the commissioner of
natural resources for an agreement with
the Shell Rock River Watershed District to
construct structural deterrents and lake level
controls.
new text end

new text begin (m) Conservation Partners Legacy Grant
Program - Phase VI
new text end

new text begin $4,550,000 in the second year is to the
commissioner of natural resources for a
program to provide competitive, matching
grants of up to $400,000 to local, regional,
state, and national organizations for
enhancing, restoring, or protecting forests,
wetlands, prairies, or habitat for fish, game,
or wildlife in Minnesota. Grants shall not
be made for activities required to fulfill
the duties of owners of lands subject to
conservation easements. Grants shall not
be made from the appropriation in this
paragraph for projects that have a total
project cost exceeding $575,000. Of this
appropriation, $460,000 may be spent
for personnel costs and other direct and
necessary administrative costs. Grantees may
acquire land or interests in land. Easements
must be permanent. Grants may not be used
to establish easement stewardship accounts.
Land acquired in fee must be open to hunting
and fishing during the open season unless
otherwise provided by law. Lands acquired
or lands with easements acquired with this
appropriation may not be used for emergency
haying and grazing in response to federal
or state disaster declarations. Conservation
grazing under a management plan that is
already being implemented may continue.
The program shall require a match of at
least ten percent from nonstate sources
for all grants. The match may be cash or
in-kind resources. For grant applications
of $25,000 or less, the commissioner shall
provide a separate, simplified application
process. Subject to Minnesota Statutes, the
commissioner of natural resources shall,
when evaluating projects of equal value,
give priority to organizations that have a
history of receiving or charter to receive
private contributions for local conservation
or habitat projects. If acquiring land or a
conservation easement, priority shall be
given to projects associated with or within
one mile of existing wildlife management
areas under Minnesota Statutes, section
86A.05, subdivision 8; scientific and natural
areas under Minnesota Statutes, sections
84.033 and 86A.05, subdivision 5; or aquatic
management areas under Minnesota Statutes,
sections 86A.05, subdivision 14, and 97C.02.
All restoration or enhancement projects
must be on land permanently protected by
a permanent covenant ensuring perpetual
maintenance and protection of restored
and enhanced habitat, by a conservation
easement, or by public ownership or in public
waters as defined in Minnesota Statutes,
section 103G.005, subdivision 15. Priority
shall be given to restoration and enhancement
projects on public lands. Minnesota Statutes,
section 97A.056, subdivision 13, applies
to grants awarded under this paragraph.
This appropriation is available until June
30, 2018. No less than five percent of the
amount of each grant must be held back from
reimbursement until the grant recipient has
completed a grant accomplishment report by
the deadline and in the form prescribed by
and satisfactory to the Lessard-Sams Outdoor
Heritage Council. The commissioner shall
provide notice of the grant program in
the game and fish law summary prepared
under Minnesota Statutes, section 97A.051,
subdivision 2.
new text end

new text begin (n) Conservation Partners Legacy Metro
Grant Program

new text end

new text begin $4,000,000 in the second year is to the
commissioner of natural resources for a
program to provide competitive, matching
grants of up to $400,000 to local, regional,
state, and national organizations for
enhancing, restoring, or protecting forests,
wetlands, prairies, or habitat for fish, game,
or wildlife in the seven-county metropolitan
area and cities with a population of 50,000
or greater. Grants shall not be made for
activities required to fulfill the duties of
owners of lands subject to conservation
easements. Grants shall not be made from the
appropriation in this paragraph for projects
that have a total project cost exceeding
$575,000. Of this appropriation, $70,000
may be spent for direct and necessary
administrative costs. Grantees may acquire
land or interests in land. Easements must
be permanent. Grants may not be used to
establish easement stewardship accounts.
Land acquired in fee must be open to hunting
and fishing during the open season unless
otherwise provided by law. Lands acquired
or lands with easements acquired with this
appropriation may not be used for emergency
haying and grazing in response to federal
or state disaster declarations. Conservation
grazing under a management plan that is
already being implemented may continue.
The program shall require a match of at
least ten percent from nonstate sources
for all grants. The match may be cash or
in-kind resources. For grant applications
of $25,000 or less, the commissioner shall
provide a separate, simplified application
process. Subject to Minnesota Statutes, the
commissioner of natural resources shall,
when evaluating projects of equal value,
give priority to organizations that have a
history of receiving or charter to receive
private contributions for local conservation
or habitat projects. If acquiring land or a
conservation easement, priority shall be
given to projects associated with or within
one mile of existing wildlife management
areas under Minnesota Statutes, section
86A.05, subdivision 8; scientific and natural
areas under Minnesota Statutes, sections
84.033 and 86A.05, subdivision 5; or aquatic
management areas under Minnesota Statutes,
sections 86A.05, subdivision 14, and 97C.02.
All restoration or enhancement projects
must be on land permanently protected by
a permanent covenant ensuring perpetual
maintenance and protection of restored
and enhanced habitat, by a conservation
easement, or by public ownership or in public
waters as defined in Minnesota Statutes,
section 103G.005, subdivision 15. Priority
shall be given to restoration and enhancement
projects on public lands. Minnesota Statutes,
section 97A.056, subdivision 13, applies
to grants awarded under this paragraph.
This appropriation is available until June
30, 2018. No less than five percent of the
amount of each grant must be held back from
reimbursement until the grant recipient has
completed a grant accomplishment report by
the deadline and in the form prescribed by
and satisfactory to the Lessard-Sams Outdoor
Heritage Council. The commissioner shall
provide notice of the grant program in
the game and fish law summary prepared
under Minnesota Statutes, section 97A.051,
subdivision 2.
new text end

new text begin Subd. 6. new text end

new text begin Administration
new text end

new text begin -0-
new text end
new text begin 885,000
new text end

new text begin (a) Contract Management
new text end

new text begin $150,000 in the second year is to the
commissioner of natural resources for
contract management duties assigned in this
section. The commissioner shall provide an
accomplishment plan in the form specified by
the Lessard-Sams Outdoor Heritage Council
on the expenditure of this appropriation.
The accomplishment plan must include
a copy of the grant contract template
and reimbursement manual. No money
may be expended prior to Lessard-Sams
Outdoor Heritage Council approval of the
accomplishment plan.
new text end

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

new text begin $570,000 in the second year is to the
Legislative Coordinating Commission for
administrative expenses of the Lessard-Sams
Outdoor Heritage Council and for
compensation and expense reimbursement
of council members. This appropriation is
available until June 30, 2015. Minnesota
Statutes, section 16A.281, applies to this
appropriation.
new text end

new text begin (c) Technical Evaluation Panel
new text end

new text begin $100,000 in the second year is to the
commissioner of natural resources for a
technical evaluation panel to conduct up to
ten restoration evaluations under Minnesota
Statutes, section 97A.056, subdivision 10.
new text end

new text begin (d) High Priority Pre-Transaction Service
Acceleration for Lessard-Sams Outdoor
Heritage Council
new text end

new text begin $50,000 in the second year is to the
commissioner of natural resources to provide
land acquisition pre-transaction services
including but not limited to appraisals,
surveys, or title research for acquisition
proposals under consideration by the
Lessard-Sams Outdoor Heritage Council. A
list of activities must be included in the final
accomplishment plan.
new text end

new text begin (e) Legacy Web Site
new text end

new text begin $15,000 in the second year is to the
Legislative Coordinating Commission for
the Web site required in Minnesota Statutes,
section 3.303, subdivision 10.
new text end

new text begin Subd. 7. new text end

new text begin Availability of Appropriation
new text end

new text begin Money appropriated in this section may
not be spent on activities unless they are
directly related to and necessary for a
specific appropriation and are specified in
the accomplishment plan approved by the
Lessard-Sams Outdoor Heritage Council.
Money appropriated in this section must
not be spent on indirect costs or other
institutional overhead charges that are not
directly related to and necessary for a specific
appropriation. Unless otherwise provided,
the amounts in this section are available
until June 30, 2017. For acquisition of real
property, the amounts in this section are
available until June 30, 2018, if a binding
agreement with a landowner or purchase
agreement is entered into by June 30, 2017,
and closed no later than June 30, 2018. Funds
for restoration or enhancement are available
until June 30, 2019, or five years after
acquisition, whichever is later, in order to
complete initial restoration or enhancement
work. If a project receives federal funds, the
time period of the appropriation is extended
to equal the availability of federal funding.
Funds appropriated for fee title acquisition
of land may be used to restore, enhance, and
provide for public use of the land acquired
with the appropriation. Public use facilities
must have a minimal impact on habitat in
acquired lands.
new text end

new text begin Subd. 8. new text end

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

new text begin All agreements referred to in this section must
be administered on a reimbursement basis
unless otherwise provided in this section.
Notwithstanding Minnesota Statutes, section
16A.41, expenditures directly related
to each appropriation's purpose made
on or after July 1, 2014, or the date of
accomplishment plan approval, whichever is
later, are eligible for reimbursement unless
otherwise provided in this section. For the
purposes of administering appropriations
and legislatively authorized agreements
paid out of the outdoor heritage fund, an
expense must be considered reimbursable
by the administering agency when the
recipient presents the agency with an invoice
or binding agreement with the landowner
and the recipient attests that the goods have
been received or the landowner agreement
is binding. Periodic reimbursement must
be made upon receiving documentation that
the items articulated in the accomplishment
plan approved by the Lessard-Sams Outdoor
Heritage Council have been achieved,
including partial achievements as evidenced
by progress reports approved by the
Lessard-Sams Outdoor Heritage Council.
Reasonable amounts may be advanced to
projects to accommodate cash flow needs,
support future management of acquired
lands, or match a federal share. The
advances must be approved as part of the
accomplishment plan. Capital equipment
expenditures for specific items in excess of
$10,000 must be itemized in and approved as
part of the accomplishment plan.
new text end

new text begin Subd. 9. new text end

new text begin Mapping
new text end

new text begin Each direct recipient of money appropriated
in this section, as well as each recipient of
a grant awarded pursuant to this section,
must provide geographic information to
the Department of Natural Resources for
mapping of any lands acquired in fee with
funds appropriated in this section and open
to public taking of fish and game. The
commissioner of natural resources shall
include the lands acquired in fee with
money appropriated in this section on maps
showing public recreation opportunities.
Maps shall include information on and
acknowledgement of the outdoor heritage
fund, including a notation of any restrictions.
new text end

new text begin Subd. 10. new text end

new text begin Pollinators
new text end

new text begin Each direct recipient of money appropriated
in this section, as well as each recipient of a
grant awarded pursuant to this section that
conducts a prairie restoration using funds
appropriated in this section, must include
an appropriate diversity of native species
selected to provide habitat for pollinators
throughout the growing season as required
under Minnesota Statutes, section 84.973.
new text end

Sec. 3.

Minnesota Statutes 2012, section 97A.056, subdivision 1, is amended to read:


Subdivision 1.

Outdoor heritage fund.

An outdoor heritage fund, under article
XI, section 15, of the Minnesota Constitution, is established as an account in the state
treasury. All money earned by the outdoor heritage fund must be credited to the fund. At
least 99 percent of the money appropriated from the fund must be expended to restore,
protect, and enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife.
new text begin Money appropriated from the outdoor heritage fund shall not be spent to acquire property
by eminent domain unless the owner requests that the owner's property be acquired by
eminent domain.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014, and applies to eminent
domain actions started after that date.
new text end

Sec. 4.

Minnesota Statutes 2012, section 97A.056, subdivision 10, is amended to read:


Subd. 10.

Restoration evaluations.

The commissioner of natural resources and the
Board of Water and Soil Resources may convene a technical evaluation panel comprised
of five members, including one technical representative from the Board of Water and Soil
Resources, one technical representative from the Department of Natural Resources, one
technical expert from the University of Minnesota or the Minnesota State Colleges and
Universities, and two representatives with expertise in the project being evaluated. The
board and the commissioner may add a technical representative from a unit of federal or
local government. The members of the technical evaluation panel may not be associated
with the restoration, may vary depending upon the projects being reviewed, and shall
avoid any potential conflicts of interest. Each year, the board and the commissioner may
assign a coordinator to identify a sample of up to ten habitat restoration projects completed
with outdoor heritage funding. The coordinator shall secure the restoration plans for the
projects specified and direct the technical evaluation panel to evaluate the restorations
relative to the law, current science, and the stated goals and standards in the restoration
plan and, when applicable, to the Board of Water and Soil Resources' native vegetation
establishment and enhancement guidelines. The coordinator shall summarize the findings
of the panel and provide a report to the chair of the Lessard-Sams Outdoor Heritage
Council and the chairs of the respective house of representatives and senate policy and
finance committees with jurisdiction over natural resources and spending from the outdoor
heritage fund. The report shall determine if the restorations are meeting planned goals,
any problems with the implementation of restorations, and, if necessary, recommendations
on improving restorations. The report shall be focused on improving future restorations.
deleted text beginUp todeleted text endnew text begin At leastnew text end one-tenth of one percent of forecasted receipts from the outdoor heritage
fund deleted text beginmaydeleted text endnew text begin mustnew text end be used for restoration evaluations under this section.

Sec. 5.

Minnesota Statutes 2012, section 97A.056, subdivision 13, is amended to read:


Subd. 13.

Project requirements.

(a) As a condition of accepting money
appropriated from the outdoor heritage fund, an agency or entity receiving money from
an appropriation must comply with this subdivision for any project funded in whole or
in part with funds from the appropriation.

(b) All conservation easements acquired with money appropriated from the outdoor
heritage fund must:

(1) be permanent;

(2) specify the parties to the easement;

(3) specify all of the provisions of an agreement that are permanent;

(4) specify the habitat types and location being protected;

(5) where appropriate for conservation or water protection outcomes, require the
grantor to employ practices retaining water on the eased land as long as practicable;

(6) specify the responsibilities of the parties for habitat enhancement and restoration
and the associated costs of these activities;

(7) be sent to the office of the Lessard-Sams Outdoor Heritage Council;

(8) include a long-term stewardship plan and identify the sources and amount of
funding for monitoring and enforcing the easement agreement; and

(9) identify the parties responsible for monitoring and enforcing the easement
agreement.

(c) For all restorations, a recipient must prepare and retain an ecological restoration
and management plan that, to the degree practicable, is consistent with current
conservation science 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 and durability of the restoration. The plan must 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 current conservation science to achieve the best restoration.

(d) For new lands acquired, a recipient must prepare a restoration and management
plan in compliance with paragraph (c), including identification of sufficient funding for
implementation.

(e) To ensure public accountability for the use of public funds, a recipient must
provide to the Lessard-Sams Outdoor Heritage Council documentation of the process used
to select parcels acquired in fee or as permanent conservation easements and must provide
the council with documentation of all related transaction costs, including, but not limited
to, appraisals, legal fees, recording fees, commissions, other similar costs, and donations.
This information must be provided for all parties involved in the transaction. The recipient
must also report to the Lessard-Sams Outdoor Heritage Council any difference between
the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal,
if a state-certified or state-reviewed appraisal was conducted. new text beginThe commissioner of natural
resources may conduct or require additional appraisals of parcels to be acquired in fee
title or as conservation easements.
new text endAcquisition data such as appraisals may remain private
during negotiations but must ultimately be made public according to chapter 13.new text begin
new text end

(f) Except as otherwise provided in the appropriation, all restoration and
enhancement projects funded with money appropriated from the outdoor heritage fund
must be on land permanently protected by a conservation easement or public ownership or
in public waters as defined in section 103G.005, subdivision 15.

(g) To the extent an appropriation is used to acquire an interest in real property,
a recipient of an appropriation from the outdoor heritage fund must provide to the
Lessard-Sams Outdoor Heritage Council and the commissioner of management and
budget an analysis of increased operation and maintenance costs likely to be incurred by
public entities as a result of the acquisition and of how the costs are to be paid.

(h) A recipient of money appropriated from the outdoor heritage fund must give
consideration to and make timely written contact with Conservation Corps Minnesota for
possible use of the corps' services to contract for restoration and enhancement services.
A copy of the written contact must be filed with the Lessard-Sams Outdoor Heritage
Council within 15 days of execution.

(i) A recipient of money appropriated from the outdoor heritage fund must erect
signage according to Laws 2009, chapter 172, article 5, section 10.

ARTICLE 2

PARKS AND TRAILS FUND

Section 1. new text beginCARVER COUNTY PARKS AND TRAILS GRANT MODIFICATION.
new text end

new text begin The fiscal year 2015 appropriation from the parks and trails fund to the Metropolitan
Council for grants to Carver County contained in Laws 2013, chapter 137, article 3,
section 4, paragraph (d), may be used for a park programmer position, roads, parking lots,
and paving construction at Lake Minnewashta Regional Park.
new text end