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HF 1926

Conference Committee Report - 88th Legislature (2013 - 2014) Posted on 05/02/2014 12:45pm

KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 1926
1.2A bill for an act
1.3relating to natural resources; appropriating money from outdoor heritage fund;
1.4modifying restoration evaluation requirements; modifying requirements for
1.5acquisition of real property with money from legacy funds; modifying previous
1.6parks and trails fund appropriation;amending Minnesota Statutes 2012, sections
1.784.0272, subdivisions 1, 3; 97A.056, subdivision 10, by adding subdivisions.
1.8May 1, 2014
1.9The Honorable Paul Thissen
1.10Speaker of the House of Representatives
1.11The Honorable Sandra L. Pappas
1.12President of the Senate
1.13We, the undersigned conferees for H. F. No. 1926 report that we have agreed upon
1.14the items in dispute and recommend as follows:
1.15That the Senate recede from its amendments and that H. F. No. 1926 be further
1.16amended as follows:
1.17Delete everything after the enacting clause and insert:

1.18"ARTICLE 1
1.19OUTDOOR HERITAGE FUND

1.20
Section 1. OUTDOOR HERITAGE APPROPRIATION.
1.21The sums shown in the columns marked "Appropriations" are appropriated to the
1.22agencies and for the purposes specified in this article. The appropriations are from the
1.23outdoor heritage fund for the fiscal year indicated for each purpose. The figures "2014"
1.24and "2015" used in this article mean that the appropriations listed under them are available
1.25for the fiscal year ending June 30, 2014, or June 30, 2015, respectively. "The first year" is
1.26fiscal year 2014. "The second year" is fiscal year 2015. "The biennium" is fiscal years
1.272014 and 2015. The appropriations in this act are onetime.
1.28
APPROPRIATIONS
1.29
Available for the Year
2.1
Ending June 30
2.2
2014
2015

2.3
Sec. 2. OUTDOOR HERITAGE FUND
2.4
Subdivision 1.Total Appropriation
$
-0-
$
109,320,000
2.5This appropriation is from the outdoor
2.6heritage fund. The amounts that may be
2.7spent for each purpose are specified in the
2.8following subdivisions.
2.9
Subd. 2.Prairies
-0-
37,435,000
2.10(a) DNR Wildlife Management Area and
2.11Scientific and Natural Area Acquisition -
2.12Phase VI
2.13$8,145,000 in the second year is to the
2.14commissioner of natural resources to acquire
2.15land in fee for wildlife management area
2.16purposes under Minnesota Statutes, section
2.1786A.05, subdivision 8, and to acquire
2.18land in fee for scientific and natural area
2.19purposes under Minnesota Statutes, section
2.2086A.05, subdivision 5. Of this amount,
2.21$4,250,000 is for the Vermillion River
2.22Wildlife Management Area addition in
2.23Dakota County. Money appropriated in this
2.24paragraph may not be used to acquire any
2.25portion of the Vermillion River Wildlife
2.26Management Area Addition that is or will
2.27be subject to the removal of gravel or other
2.28mining activities. Any funds not spent on
2.29the Vermillion River Wildlife Management
2.30Area addition must be used for acquisition
2.31of land in the seven-county metropolitan
2.32area. Lands acquired with this appropriation
2.33may not be used for emergency haying
2.34and grazing in response to federal or state
3.1disaster declarations. Conservation grazing
3.2under a management plan that is already
3.3being implemented may continue. Subject
3.4to the evaluation criteria under Minnesota
3.5Rules, part 6136.0900, priority must be
3.6given to acquisition of lands that are eligible
3.7for the native prairie bank under Minnesota
3.8Statutes, section 84.96, or lands adjacent to
3.9protected native prairie. A list of proposed
3.10land and permanent conservation easement
3.11acquisitions must be provided as part of the
3.12required accomplishment plan.
3.13(b) Accelerating Wildlife Management
3.14Area Acquisition - Phase VI
3.15$10,350,000 in the second year is to the
3.16commissioner of natural resources for an
3.17agreement with Pheasants Forever to acquire
3.18land in fee for wildlife management area
3.19purposes under Minnesota Statutes, section
3.2086A.05, subdivision 8. Lands acquired
3.21with this appropriation may not be used for
3.22emergency haying and grazing in response
3.23to federal or state disaster declarations.
3.24Conservation grazing under a management
3.25plan that is already being implemented may
3.26continue. Subject to the evaluation criteria
3.27under Minnesota Rules, part 6136.0900,
3.28priority must be given to acquisition of
3.29lands that are eligible for the native prairie
3.30bank under Minnesota Statutes, section
3.3184.96, or lands adjacent to protected native
3.32prairie. A list of proposed land acquisitions
3.33must be provided as part of the required
3.34accomplishment plan.
4.1(c) Minnesota Prairie Recovery Project -
4.2Phase V
4.3$3,940,000 in the second year is to the
4.4commissioner of natural resources for a
4.5contract with The Nature Conservancy
4.6to acquire native prairie, wetlands, and
4.7savanna and restore and enhance grasslands,
4.8wetlands, and savanna. A list of proposed
4.9land acquisitions must be provided as part of
4.10the required accomplishment plan and must
4.11be consistent with the priorities identified
4.12in the Minnesota Prairie Conservation Plan.
4.13Lands acquired with this appropriation
4.14may not be used for emergency haying and
4.15grazing in response to federal or state disaster
4.16declarations. Conservation grazing under
4.17a management plan that is already being
4.18implemented may continue. Subject to the
4.19evaluation criteria under Minnesota Rules,
4.20part 6136.0900, priority must be given to
4.21acquisition of lands that are eligible for the
4.22native prairie bank under Minnesota Statutes,
4.23section 84.96, or lands adjacent to protected
4.24native prairie. Annual income statements
4.25and balance sheets for income and expenses
4.26from land acquired with this appropriation
4.27must be submitted to the Lessard-Sams
4.28Outdoor Heritage Council no later than 180
4.29days following the close of The Nature
4.30Conservancy's fiscal year.
4.31(d) Northern Tallgrass Prairie National
4.32Wildlife Refuge Land Acquisition - Phase
4.33V
4.34$2,450,000 in the second year is to the
4.35commissioner of natural resources for a
5.1contract with The Nature Conservancy in
5.2cooperation with the United States Fish
5.3and Wildlife Service to acquire land in
5.4fee or permanent conservation easements
5.5within the Northern Tallgrass Prairie Habitat
5.6Preservation Area in western Minnesota for
5.7addition to the Northern Tallgrass Prairie
5.8National Wildlife Refuge. Lands acquired
5.9with this appropriation may not be used for
5.10emergency haying and grazing in response
5.11to federal or state disaster declarations.
5.12Conservation grazing under a management
5.13plan that is already being implemented may
5.14continue. Subject to the evaluation criteria
5.15under Minnesota Rules, part 6136.0900,
5.16priority must be given to acquisition of
5.17lands that are eligible for the native prairie
5.18bank under Minnesota Statutes, section
5.1984.96, or lands adjacent to protected native
5.20prairie. A list of proposed land acquisitions
5.21must be provided as part of the required
5.22accomplishment plan and must be consistent
5.23with the priorities in the Minnesota Prairie
5.24Conservation Plan.
5.25(e) Accelerated Protection of Grassland
5.26and Prairie Habitat with Reinvest in
5.27Minnesota and Native Prairie Bank
5.28Easements
5.29$3,000,000 in the second year is to the
5.30commissioner of natural resources and
5.31$2,450,000 in the second year is to the Board
5.32of Water and Soil Resources to implement
5.33the Minnesota Prairie Conservation
5.34Plan through acquisition of permanent
5.35conservation easements to protect native
5.36prairie and grasslands. Of these amounts,
6.1up to $112,000 to the Department of
6.2Natural Resources and up to $65,000 to the
6.3Board of Water and Soil Resources are for
6.4establishing monitoring and enforcement
6.5funds as approved in the accomplishment
6.6plan and subject to Minnesota Statutes,
6.7section 97A.056, subdivision 17. Lands with
6.8easements acquired with this appropriation
6.9may not be used for emergency haying
6.10and grazing in response to federal or state
6.11disaster declarations. Conservation grazing
6.12under a management plan that is already
6.13being implemented may continue. Subject
6.14to the evaluation criteria under Minnesota
6.15Rules, part 6136.0900, priority must be
6.16given to acquisition of lands that are eligible
6.17for the native prairie bank under Minnesota
6.18Statutes, section 84.96, or lands adjacent to
6.19protected native prairie. A list of permanent
6.20conservation easements must be provided as
6.21part of the final report.
6.22(f) Minnesota Buffers for Wildlife and
6.23Water - Phase IV
6.24$2,200,000 in the second year is to the Board
6.25of Water and Soil Resources to acquire
6.26permanent conservation easements to protect
6.27and enhance habitat by expanding the clean
6.28water fund riparian buffer program for at
6.29least equal wildlife benefits from buffers
6.30on private land. Up to $112,500 is for
6.31establishing a monitoring and enforcement
6.32fund as approved in the accomplishment
6.33plan and subject to Minnesota Statutes,
6.34section 97A.056, subdivision 17. Lands with
6.35easements acquired with this appropriation
6.36may not be used for emergency haying
7.1and grazing in response to federal or state
7.2disaster declarations. Conservation grazing
7.3under a management plan that is already
7.4being implemented may continue. A list of
7.5permanent conservation easements must be
7.6provided as part of the final report.
7.7(g) Cannon River Headwaters Habitat
7.8Complex - Phase IV
7.9$1,430,000 in the second year is to the
7.10commissioner of natural resources for an
7.11agreement with The Trust for Public Land to
7.12acquire and restore lands in the Cannon River
7.13watershed for wildlife management area
7.14purposes under Minnesota Statutes, section
7.1586A.05, subdivision 8. Lands acquired
7.16with this appropriation may not be used for
7.17emergency haying and grazing in response
7.18to federal or state disaster declarations.
7.19Conservation grazing under a management
7.20plan that is already being implemented may
7.21continue. Subject to the evaluation criteria
7.22under Minnesota Rules, part 6136.0900,
7.23priority must be given to acquisition of
7.24lands that are eligible for the native prairie
7.25bank under Minnesota Statutes, section
7.2684.96, or lands adjacent to protected native
7.27prairie. A list of proposed land acquisitions
7.28must be provided as part of the required
7.29accomplishment plan.
7.30(h) Accelerated Prairie Restoration and
7.31Enhancement on DNR Lands - Phase VI
7.32$1,530,000 in the second year is to
7.33the commissioner of natural resources to
7.34accelerate the restoration and enhancement of
7.35prairie communities in wildlife management
8.1areas, scientific and natural areas, aquatic
8.2management areas, state forest land, and land
8.3under native prairie bank easements. A list of
8.4proposed land restorations and enhancements
8.5must be provided as part of the required
8.6accomplishment plan.
8.7(i) Anoka Sandplain Habitat Restoration
8.8and Enhancement - Phase III
8.9$1,190,000 in the second year is to the
8.10commissioner of natural resources for
8.11agreements to restore and enhance wildlife
8.12habitat on public lands in Anoka, Benton,
8.13Isanti, Morrison, Sherburne, and Stearns
8.14Counties as follows: $155,000 is to Anoka
8.15Conservation District; $79,000 is to Isanti
8.16County Parks Department; $901,000 is to
8.17Great River Greening; and $55,000 is to
8.18Stearns County Soil and Water Conservation
8.19District. A list of proposed land restorations
8.20and enhancements must be provided as part
8.21of the required accomplishment plan.
8.22(j) Crow-Hassen Prairie Complex
8.23Restoration and Enhancement
8.24$370,000 in the second year is to the
8.25commissioner of natural resources for an
8.26agreement with Three Rivers Park District
8.27to restore and enhance prairie habitat
8.28within the Crow-Hassen Park Reserve.
8.29A restoration and enhancement plan and
8.30a list of proposed land restorations and
8.31enhancements must be provided as part of
8.32the required accomplishment plan.
8.33(k) Prairie and Oak Savanna Restoration
8.34along Mississippi and Rum Rivers
9.1$380,000 in the second year is to the
9.2commissioner of natural resources for an
9.3agreement with Anoka County to restore
9.4and enhance riparian and upland habitat in
9.5the Rum River Central Regional Park/Cedar
9.6Creek Conservation Area complex and
9.7in the Mississippi West Regional Park.
9.8A restoration and enhancement plan and
9.9a list of proposed land restorations and
9.10enhancements must be provided as part of
9.11the required accomplishment plan.
9.12
Subd. 3.Forests
-0-
16,100,000
9.13(a) Preventing Forest Fragmentation
9.14and Protecting and Restoring Lake and
9.15Stream Habitat in St. Louis River
9.16$2,800,000 in the second year is to the
9.17commissioner of natural resources for a
9.18contract with the Fond du Lac Band of Lake
9.19Superior Chippewa to acquire lands in fee in
9.20the St. Louis River watershed to be managed
9.21for fish and wildlife purposes. A list of
9.22proposed land acquisitions must be provided
9.23as part of the required accomplishment plan.
9.24(b) Northeastern Minnesota Sharp-Tailed
9.25Grouse Habitat Program - Phase V
9.26$3,150,000 in the second year is to the
9.27commissioner of natural resources for
9.28an agreement with Pheasants Forever in
9.29cooperation with the Minnesota Sharp-Tailed
9.30Grouse Society to acquire and enhance lands
9.31in Aitkin, Carlton, Kanabec, Pine, and St.
9.32Louis Counties for wildlife management area
9.33purposes under Minnesota Statutes, section
9.3486A.05, subdivision 8. Lands acquired
9.35with this appropriation may not be used for
10.1emergency haying and grazing in response
10.2to federal or state disaster declarations.
10.3Conservation grazing under a management
10.4plan that is already being implemented may
10.5continue. A list of proposed land acquisitions
10.6must be provided as part of the required
10.7accomplishment plan.
10.8(c) Protecting Pineland Sands Aquifer
10.9Forest Lands
10.10$1,050,000 in the second year is to the
10.11commissioner of natural resources to acquire
10.12forest lands in Cass, Hubbard, and Wadena
10.13Counties for wildlife management area
10.14purposes under Minnesota Statutes, section
10.1586A.05, subdivision 8; to acquire land in
10.16fee for scientific and natural area purposes
10.17under Minnesota Statutes, section 86A.05,
10.18subdivision 5; or to acquire land in fee
10.19for state forests under Minnesota Statutes,
10.20section 86A.05, subdivision 7. A list of
10.21proposed land acquisitions must be provided
10.22as part of the required accomplishment plan.
10.23(d) Protecting Key Forest Lands in Cass
10.24County - Phase V
10.25$880,000 in the second year is to the
10.26commissioner of natural resources for a
10.27contract with Cass County to acquire land in
10.28fee in Cass County for forest wildlife habitat
10.29or to prevent forest fragmentation. A list of
10.30proposed land acquisitions must be provided
10.31as part of the required accomplishment plan.
10.32(e) State Forest Acquisitions - Phase II
10.33$950,000 in the second year is to the
10.34commissioner of natural resources to acquire
11.1lands in fee and permanent management
11.2easements, including for habitat purposes,
11.3in the Richard J. Dorer State Forest under
11.4Minnesota Statutes, section 86A.05,
11.5subdivision 7. A list of proposed land
11.6acquisitions must be provided as part of the
11.7required accomplishment plan.
11.8(f) Southeast Minnesota Protection and
11.9Restoration - Phase II
11.10$5,770,000 in the second year is to the
11.11commissioner of natural resources for
11.12agreements to acquire land in fee for wildlife
11.13management area purposes under Minnesota
11.14Statutes, section 86A.05, subdivision 8; to
11.15acquire land in fee for scientific and natural
11.16areas under Minnesota Statutes, section
11.1786A.05, subdivision 5; to acquire land in fee
11.18for state forest purposes under Minnesota
11.19Statutes, section 86A.05, subdivision 7; for
11.20permanent conservation easements; and
11.21to restore and enhance habitat on publicly
11.22protected lands as follows: $4,800,000 to
11.23The Nature Conservancy; and $970,000
11.24to Minnesota Land Trust, of which up to
11.25$160,000 to Minnesota Land Trust is for
11.26establishing a monitoring and enforcement
11.27fund as approved in the accomplishment plan
11.28and subject to Minnesota Statutes, section
11.2997A.056, subdivision 17. Lands acquired
11.30or lands with easements acquired with this
11.31appropriation may not be used for emergency
11.32haying and grazing in response to federal
11.33or state disaster declarations. Conservation
11.34grazing under a management plan that is
11.35already being implemented may continue.
11.36A list of proposed acquisitions, permanent
12.1conservation easements, and restorations and
12.2enhancements must be provided as part of
12.3the required accomplishment plan.
12.4(g) Camp Ripley Partnership - Phase IV
12.5$1,200,000 in the second year is to the
12.6Board of Water and Soil Resources in
12.7cooperation with the Morrison County Soil
12.8and Water Conservation District to acquire
12.9permanent conservation easements within
12.10the boundaries of the Minnesota National
12.11Guard Compatible Use Buffer to protect
12.12forest wildlife habitat. Up to $45,000 is for
12.13establishing a monitoring and enforcement
12.14fund as approved in the accomplishment plan
12.15and subject to Minnesota Statutes, section
12.1697A.056, subdivision 17. A list of permanent
12.17conservation easements must be provided as
12.18part of the final report.
12.19(h) Floodplain Forest Enhancement on
12.20Mississippi River
12.21$300,000 is to the commissioner of natural
12.22resources for an agreement with National
12.23Audubon Society to enhance floodplain forest
12.24habitat for wildlife on public lands along the
12.25Mississippi River. A list of restorations and
12.26enhancements must be provided as part of
12.27the required accomplishment plan.
12.28
Subd. 4.Wetlands
-0-
24,010,000
12.29(a) Reinvest in Minnesota Wetlands
12.30Partnership - Phase VI
12.31$9,710,000 in the second year is to the
12.32Board of Soil and Water Resources to
12.33acquire permanent conservation easements
12.34and restore wetlands and associated upland
13.1habitat in cooperation with the United
13.2States Department of Agriculture and
13.3Ducks Unlimited, including $645,000
13.4for an agreement with Ducks Unlimited
13.5to provide technical and bioengineering
13.6assistance. Up to $190,000 to the Board of
13.7Water and Soil Resources is for establishing
13.8a monitoring and enforcement fund as
13.9approved in the accomplishment plan and
13.10subject to Minnesota Statutes, section
13.1197A.056, subdivision 17. A list of permanent
13.12conservation easements must be provided as
13.13part of the final report. The appropriations
13.14in Laws 2012, chapter 264, article 1, section
13.152, subdivision 4, paragraph (a), and Laws
13.162013, chapter 137, article 1, section 2,
13.17subdivision 4, paragraph (a), may be used for
13.18the purposes of this appropriation.
13.19(b) Accelerating Waterfowl Production
13.20Area Acquisition - Phase VI
13.21$7,280,000 in the second year is to the
13.22commissioner of natural resources for a
13.23contract with Pheasants Forever to acquire
13.24land in fee to be designated and managed as
13.25waterfowl production areas in Minnesota,
13.26in cooperation with the United States Fish
13.27and Wildlife Service. A list of proposed land
13.28acquisitions must be provided as part of the
13.29required accomplishment plan.
13.30(c) Living Shallow Lakes and Wetland
13.31Initiative - Phase IV
13.32$4,910,000 in the second year is to the
13.33commissioner of natural resources for
13.34an agreement with Ducks Unlimited to
13.35assess, enhance, and restore shallow lakes
14.1and wetlands, including bioengineering,
14.2technical assistance, feasibility investigation,
14.3survey, and design to develop new
14.4enhancement and restoration projects for
14.5future implementation. A list of proposed
14.6enhancements and restorations to be
14.7constructed through this appropriation
14.8must be provided as part of the required
14.9accomplishment plan.
14.10(d) Wild Rice Shoreland Protection
14.11Program - Phase III
14.12$198,000 in the second year is to the
14.13commissioner of natural resources for
14.14acquisition of land in fee and $862,000 is to
14.15the Board of Water and Soil Resources to
14.16acquire permanent conservation easements
14.17on wild rice lake shoreland habitat for native
14.18wild rice bed protection. Of this amount, up
14.19to $70,000 to the Board of Water and Soil
14.20Resources is for establishing a monitoring
14.21and enforcement fund as approved in
14.22the accomplishment plan and subject to
14.23Minnesota Statutes, section 97A.056,
14.24subdivision 17. A list of proposed fee land
14.25acquisitions must be included as part of
14.26the required accomplishment plan by the
14.27Department of Natural Resources and a list
14.28of permanent conservation easements must
14.29be provided as part of the final report by the
14.30Board of Water and Soil Resources.
14.31(e) Accelerated Shallow Lakes and
14.32Wetlands Enhancement - Phase VI
14.33$1,050,000 in the second year is to the
14.34commissioner of natural resources to enhance
14.35and restore shallow lakes statewide. A list of
15.1proposed land restorations and enhancements
15.2must be provided as part of the required
15.3accomplishment plan.
15.4
Subd. 5.Habitats
-0-
30,890,000
15.5(a) DNR Aquatic Habitat - Phase VI
15.6$2,560,000 in the second year is to the
15.7commissioner of natural resources to
15.8acquire interests in land in fee for aquatic
15.9management purposes under Minnesota
15.10Statutes, sections 86A.05, subdivision 14,
15.11and 97C.02, and to restore and enhance
15.12aquatic habitat. A list of proposed
15.13land acquisitions and restorations and
15.14enhancements must be provided as part of
15.15the required accomplishment plan.
15.16(b) Fisheries Habitat Protection on
15.17Strategic North Central Minnesota Lakes
15.18$2,130,000 in the second year is to the
15.19commissioner of natural resources for
15.20agreements with the Leech Lake Area
15.21Watershed Foundation and Minnesota Land
15.22Trust to acquire land in fee and permanent
15.23conservation easements to sustain healthy
15.24fish habitat on lakes in Aitkin, Cass, Crow
15.25Wing, and Hubbard Counties as follows:
15.26$1,150,300 to Leech Lake Area Watershed
15.27Foundation; and $979,700 to Minnesota
15.28Land Trust, of which up to $120,000 to
15.29Minnesota Land Trust is for establishing
15.30a monitoring and enforcement fund as
15.31approved in the accomplishment plan and
15.32subject to Minnesota Statutes, section
15.3397A.056, subdivision 17. A list of proposed
15.34land acquisitions must be provided as part of
15.35the required accomplishment plan.
16.1(c) Habitat Protection in Dakota County
16.2- Phase V
16.3$1,190,000 in the second year is to the
16.4commissioner of natural resources for a
16.5contract with Dakota County to acquire
16.6permanent conservation easements and land
16.7in fee and to restore and enhance habitats in
16.8rivers and lake watersheds in Dakota County.
16.9Up to $15,000 to Dakota County is for
16.10establishing a monitoring and enforcement
16.11fund as approved in the accomplishment
16.12plan and subject to Minnesota Statutes,
16.13section 97A.056, subdivision 17. Lands
16.14acquired or lands with easements acquired
16.15with this appropriation may not be used for
16.16emergency haying and grazing in response
16.17to federal or state disaster declarations.
16.18Conservation grazing under a management
16.19plan that is already being implemented may
16.20continue. A list of proposed land acquisitions
16.21and restorations and enhancements must
16.22be provided as part of the required
16.23accomplishment plan.
16.24(d) Metro Big Rivers - Phase V
16.25$2,650,000 in the second year is to the
16.26commissioner of natural resources for
16.27agreements to acquire land in fee and
16.28permanent conservation easements and
16.29to restore and enhance natural systems
16.30associated with the Mississippi, Minnesota,
16.31and St. Croix Rivers as follows: $600,000
16.32to Minnesota Valley National Wildlife
16.33Refuge Trust, Inc.; $160,000 to Friends of
16.34the Mississippi River; $400,000 to Great
16.35River Greening; $590,000 to Minnesota
17.1Land Trust, of which up to $77,000 is for
17.2establishing a monitoring and enforcement
17.3fund as approved in the accomplishment plan
17.4and subject to Minnesota Statutes, section
17.597A.056, subdivision 17; and $900,000 to
17.6The Trust for Public Land. Lands acquired
17.7or lands with easements acquired with
17.8this appropriation may not be used for
17.9emergency haying and grazing in response
17.10to federal or state disaster declarations.
17.11Conservation grazing under a management
17.12plan that is already being implemented may
17.13continue. A list of proposed land acquisitions
17.14and permanent conservation easements
17.15must be provided as part of the required
17.16accomplishment plan.
17.17(e) Mustinka River Fish and Wildlife
17.18Habitat Corridor Rehabilitation
17.19$2,440,000 in the second year is to the
17.20commissioner of natural resources for
17.21an agreement with the Bois de Sioux
17.22Watershed District to acquire land in fee
17.23and to restore natural systems associated
17.24with the Mustinka River located within the
17.25Bois de Sioux Watershed. Lands acquired
17.26with this appropriation may not be used for
17.27emergency haying and grazing in response
17.28to federal or state disaster declarations.
17.29Conservation grazing under a management
17.30plan that is already being implemented may
17.31continue. A list of proposed land acquisitions
17.32must be provided as part of the required
17.33accomplishment plan.
18.1(f) Minnesota Trout Unlimited Coldwater
18.2Fish Habitat Enhancement and
18.3Restoration - Phase VI
18.4$1,900,000 in the second year is to the
18.5commissioner of natural resources for an
18.6agreement with Minnesota Trout Unlimited
18.7to restore and enhance habitat for trout
18.8and other species in and along coldwater
18.9rivers and streams in Minnesota. A list of
18.10proposed land restorations and enhancements
18.11must be provided as part of the required
18.12accomplishment plan.
18.13(g) St. Louis River Restoration Initiative -
18.14Phase II
18.15$2,290,000 in the second year is to the
18.16commissioner of natural resources to restore
18.17habitat in the lower St. Louis River estuary.
18.18Of this appropriation, up to $500,000 is for
18.19an agreement with Minnesota Land Trust. A
18.20list of proposed restorations must be provided
18.21as part of the required accomplishment plan.
18.22(h) Knife River Habitat Rehabilitation -
18.23Phase II
18.24$1,410,000 in the second year is to the
18.25commissioner of natural resources for an
18.26agreement with the Lake Superior Steelhead
18.27Association to enhance trout habitat in the
18.28Knife River watershed. A list of proposed
18.29enhancements must be provided as part of
18.30the required accomplishment plan.
18.31(i) Restoration and Enhancement of
18.32Washington County Public Lands
18.33$430,000 in the second year is to the
18.34commissioner of natural resources for an
19.1agreement with Washington County to
19.2restore and enhance habitat on public lands
19.3in Washington County. A restoration and
19.4enhancement plan and a list of proposed
19.5land restorations and enhancements
19.6must be provided as part of the required
19.7accomplishment plan.
19.8(j) Wirth Park Enhancements
19.9$600,000 in the second year is to the
19.10commissioner of natural resources for an
19.11agreement with the Minneapolis Park Board
19.12to enhance riparian and upland habitat
19.13within Wirth Park in Hennepin County.
19.14A restoration and enhancement plan and
19.15a list of proposed land restorations and
19.16enhancements must be provided as part of
19.17the required accomplishment plan.
19.18(k) Evaluate Effectiveness of Aquatic
19.19Invasive Species Prevention Strategies
19.20$4,040,000 in the second year is to the
19.21commissioner of natural resources for an
19.22agreement with the Central Minnesota
19.23Initiative Fund to develop a series of pilot
19.24projects to enhance aquatic habitat by
19.25preventing the spread of aquatic invasive
19.26species, including pilot projects conducting
19.27education and outreach, inspection and
19.28decontamination, enforcement, and other
19.29activities. All pilot projects must be
19.30conducted on a reimbursement basis and
19.31require a match of nonoutdoor heritage fund
19.32dollars. A required evaluation of results
19.33must be funded with nonoutdoor heritage
19.34fund dollars. The required evaluation must
19.35evaluate the efficacy of inspection and
20.1decontamination activities utilized in any of
20.2the pilot projects in preventing the spread
20.3of aquatic invasive species. A list of pilot
20.4projects must be included in the required final
20.5report. This appropriation is available until
20.6June 30, 2019. The accomplishment plan
20.7must accelerate the start of the pilot project.
20.8(l) Albert Lea Lake Management and
20.9Invasive Species Control Structure -
20.10Supplement
20.11$700,000 in the second year is added to
20.12the appropriation contained in Laws 2013,
20.13chapter 137, article 1, section 2, subdivision
20.145, paragraph (h), to the commissioner of
20.15natural resources for an agreement with
20.16the Shell Rock River Watershed District to
20.17construct structural deterrents and lake level
20.18controls.
20.19(m) Conservation Partners Legacy Grant
20.20Program - Phase VI
20.21$4,550,000 in the second year is to the
20.22commissioner of natural resources for a
20.23program to provide competitive, matching
20.24grants of up to $400,000 to local, regional,
20.25state, and national organizations for
20.26enhancing, restoring, or protecting forests,
20.27wetlands, prairies, or habitat for fish, game,
20.28or wildlife in Minnesota. Grants shall not
20.29be made for activities required to fulfill
20.30the duties of owners of lands subject to
20.31conservation easements. Grants shall not
20.32be made from the appropriation in this
20.33paragraph for projects that have a total
20.34project cost exceeding $575,000. Of this
20.35appropriation, $460,000 may be spent
21.1for personnel costs and other direct and
21.2necessary administrative costs. Grantees may
21.3acquire land or interests in land. Easements
21.4must be permanent. Grants may not be used
21.5to establish easement stewardship accounts.
21.6Land acquired in fee must be open to hunting
21.7and fishing during the open season unless
21.8otherwise provided by law. Lands acquired
21.9or lands with easements acquired with this
21.10appropriation may not be used for emergency
21.11haying and grazing in response to federal
21.12or state disaster declarations. Conservation
21.13grazing under a management plan that is
21.14already being implemented may continue.
21.15The program shall require a match of at
21.16least ten percent from nonstate sources
21.17for all grants. The match may be cash or
21.18in-kind resources. For grant applications
21.19of $25,000 or less, the commissioner shall
21.20provide a separate, simplified application
21.21process. Subject to Minnesota Statutes, the
21.22commissioner of natural resources shall,
21.23when evaluating projects of equal value,
21.24give priority to organizations that have a
21.25history of receiving or charter to receive
21.26private contributions for local conservation
21.27or habitat projects. If acquiring land or a
21.28conservation easement, priority shall be
21.29given to projects associated with or within
21.30one mile of existing wildlife management
21.31areas under Minnesota Statutes, section
21.3286A.05, subdivision 8; scientific and natural
21.33areas under Minnesota Statutes, sections
21.3484.033 and 86A.05, subdivision 5; or aquatic
21.35management areas under Minnesota Statutes,
21.36sections 86A.05, subdivision 14, and 97C.02.
22.1All restoration or enhancement projects
22.2must be on land permanently protected by
22.3a permanent covenant ensuring perpetual
22.4maintenance and protection of restored
22.5and enhanced habitat, by a conservation
22.6easement, or by public ownership or in public
22.7waters as defined in Minnesota Statutes,
22.8section 103G.005, subdivision 15. Priority
22.9shall be given to restoration and enhancement
22.10projects on public lands. Minnesota Statutes,
22.11section 97A.056, subdivision 13, applies
22.12to grants awarded under this paragraph.
22.13This appropriation is available until June
22.1430, 2018. No less than five percent of the
22.15amount of each grant must be held back from
22.16reimbursement until the grant recipient has
22.17completed a grant accomplishment report by
22.18the deadline and in the form prescribed by
22.19and satisfactory to the Lessard-Sams Outdoor
22.20Heritage Council. The commissioner shall
22.21provide notice of the grant program in
22.22the game and fish law summary prepared
22.23under Minnesota Statutes, section 97A.051,
22.24subdivision 2.
22.25(n) Conservation Partners Legacy Metro
22.26Grant Program
22.27$4,000,000 in the second year is to the
22.28commissioner of natural resources for a
22.29program to provide competitive, matching
22.30grants of up to $400,000 to local, regional,
22.31state, and national organizations for
22.32enhancing, restoring, or protecting forests,
22.33wetlands, prairies, or habitat for fish, game,
22.34or wildlife in the seven-county metropolitan
22.35area and cities with a population of 50,000
22.36or greater. Grants shall not be made for
23.1activities required to fulfill the duties of
23.2owners of lands subject to conservation
23.3easements. Grants shall not be made from the
23.4appropriation in this paragraph for projects
23.5that have a total project cost exceeding
23.6$575,000. Of this appropriation, $70,000
23.7may be spent for direct and necessary
23.8administrative costs. Grantees may acquire
23.9land or interests in land. Easements must
23.10be permanent. Grants may not be used to
23.11establish easement stewardship accounts.
23.12Land acquired in fee must be open to hunting
23.13and fishing during the open season unless
23.14otherwise provided by law. Lands acquired
23.15or lands with easements acquired with this
23.16appropriation may not be used for emergency
23.17haying and grazing in response to federal
23.18or state disaster declarations. Conservation
23.19grazing under a management plan that is
23.20already being implemented may continue.
23.21The program shall require a match of at
23.22least ten percent from nonstate sources
23.23for all grants. The match may be cash or
23.24in-kind resources. For grant applications
23.25of $25,000 or less, the commissioner shall
23.26provide a separate, simplified application
23.27process. Subject to Minnesota Statutes, the
23.28commissioner of natural resources shall,
23.29when evaluating projects of equal value,
23.30give priority to organizations that have a
23.31history of receiving or charter to receive
23.32private contributions for local conservation
23.33or habitat projects. If acquiring land or a
23.34conservation easement, priority shall be
23.35given to projects associated with or within
23.36one mile of existing wildlife management
24.1areas under Minnesota Statutes, section
24.286A.05, subdivision 8; scientific and natural
24.3areas under Minnesota Statutes, sections
24.484.033 and 86A.05, subdivision 5; or aquatic
24.5management areas under Minnesota Statutes,
24.6sections 86A.05, subdivision 14, and 97C.02.
24.7All restoration or enhancement projects
24.8must be on land permanently protected by
24.9a permanent covenant ensuring perpetual
24.10maintenance and protection of restored
24.11and enhanced habitat, by a conservation
24.12easement, or by public ownership or in public
24.13waters as defined in Minnesota Statutes,
24.14section 103G.005, subdivision 15. Priority
24.15shall be given to restoration and enhancement
24.16projects on public lands. Minnesota Statutes,
24.17section 97A.056, subdivision 13, applies
24.18to grants awarded under this paragraph.
24.19This appropriation is available until June
24.2030, 2018. No less than five percent of the
24.21amount of each grant must be held back from
24.22reimbursement until the grant recipient has
24.23completed a grant accomplishment report by
24.24the deadline and in the form prescribed by
24.25and satisfactory to the Lessard-Sams Outdoor
24.26Heritage Council. The commissioner shall
24.27provide notice of the grant program in
24.28the game and fish law summary prepared
24.29under Minnesota Statutes, section 97A.051,
24.30subdivision 2.
24.31
Subd. 6.Administration
-0-
885,000
24.32(a) Contract Management
24.33$150,000 in the second year is to the
24.34commissioner of natural resources for
24.35contract management duties assigned in this
25.1section. The commissioner shall provide an
25.2accomplishment plan in the form specified by
25.3the Lessard-Sams Outdoor Heritage Council
25.4on the expenditure of this appropriation.
25.5The accomplishment plan must include
25.6a copy of the grant contract template
25.7and reimbursement manual. No money
25.8may be expended prior to Lessard-Sams
25.9Outdoor Heritage Council approval of the
25.10accomplishment plan.
25.11(b) Legislative Coordinating Commission
25.12$570,000 in the second year is to the
25.13Legislative Coordinating Commission for
25.14administrative expenses of the Lessard-Sams
25.15Outdoor Heritage Council and for
25.16compensation and expense reimbursement
25.17of council members. This appropriation is
25.18available until June 30, 2015. Minnesota
25.19Statutes, section 16A.281, applies to this
25.20appropriation.
25.21(c) Technical Evaluation Panel
25.22$100,000 in the second year is to the
25.23commissioner of natural resources for a
25.24technical evaluation panel to conduct up to
25.25ten restoration evaluations under Minnesota
25.26Statutes, section 97A.056, subdivision 10.
25.27(d) High Priority Pre-Transaction Service
25.28Acceleration for Lessard-Sams Outdoor
25.29Heritage Council
25.30$50,000 in the second year is to the
25.31commissioner of natural resources to provide
25.32land acquisition pre-transaction services
25.33including but not limited to appraisals,
25.34surveys, or title research for acquisition
26.1proposals under consideration by the
26.2Lessard-Sams Outdoor Heritage Council. A
26.3list of activities must be included in the final
26.4accomplishment plan.
26.5(e) Legacy Web Site
26.6$15,000 in the second year is to the
26.7Legislative Coordinating Commission for
26.8the Web site required in Minnesota Statutes,
26.9section 3.303, subdivision 10.
26.10
Subd. 7.Availability of Appropriation
26.11Money appropriated in this section may
26.12not be spent on activities unless they are
26.13directly related to and necessary for a
26.14specific appropriation and are specified in
26.15the accomplishment plan approved by the
26.16Lessard-Sams Outdoor Heritage Council.
26.17Money appropriated in this section must
26.18not be spent on indirect costs or other
26.19institutional overhead charges that are not
26.20directly related to and necessary for a specific
26.21appropriation. Unless otherwise provided,
26.22the amounts in this section are available
26.23until June 30, 2017. For acquisition of real
26.24property, the amounts in this section are
26.25available until June 30, 2018, if a binding
26.26agreement with a landowner or purchase
26.27agreement is entered into by June 30, 2017,
26.28and closed no later than June 30, 2018. Funds
26.29for restoration or enhancement are available
26.30until June 30, 2019, or five years after
26.31acquisition, whichever is later, in order to
26.32complete initial restoration or enhancement
26.33work. If a project receives federal funds, the
26.34time period of the appropriation is extended
26.35to equal the availability of federal funding.
27.1Funds appropriated for fee title acquisition
27.2of land may be used to restore, enhance, and
27.3provide for public use of the land acquired
27.4with the appropriation. Public use facilities
27.5must have a minimal impact on habitat in
27.6acquired lands.
27.7
27.8
Subd. 8.Payment Conditions and Capital
Equipment Expenditures
27.9All agreements referred to in this section must
27.10be administered on a reimbursement basis
27.11unless otherwise provided in this section.
27.12Notwithstanding Minnesota Statutes, section
27.1316A.41, expenditures directly related
27.14to each appropriation's purpose made
27.15on or after July 1, 2014, or the date of
27.16accomplishment plan approval, whichever is
27.17later, are eligible for reimbursement unless
27.18otherwise provided in this section. For the
27.19purposes of administering appropriations
27.20and legislatively authorized agreements
27.21paid out of the outdoor heritage fund, an
27.22expense must be considered reimbursable
27.23by the administering agency when the
27.24recipient presents the agency with an invoice
27.25or binding agreement with the landowner
27.26and the recipient attests that the goods have
27.27been received or the landowner agreement
27.28is binding. Periodic reimbursement must
27.29be made upon receiving documentation that
27.30the items articulated in the accomplishment
27.31plan approved by the Lessard-Sams Outdoor
27.32Heritage Council have been achieved,
27.33including partial achievements as evidenced
27.34by progress reports approved by the
27.35Lessard-Sams Outdoor Heritage Council.
27.36Reasonable amounts may be advanced to
28.1projects to accommodate cash flow needs,
28.2support future management of acquired
28.3lands, or match a federal share. The
28.4advances must be approved as part of the
28.5accomplishment plan. Capital equipment
28.6expenditures for specific items in excess of
28.7$10,000 must be itemized in and approved as
28.8part of the accomplishment plan.
28.9
Subd. 9.Mapping
28.10Each direct recipient of money appropriated
28.11in this section, as well as each recipient of
28.12a grant awarded pursuant to this section,
28.13must provide geographic information to
28.14the Department of Natural Resources for
28.15mapping of any lands acquired in fee with
28.16funds appropriated in this section and open
28.17to public taking of fish and game. The
28.18commissioner of natural resources shall
28.19include the lands acquired in fee with
28.20money appropriated in this section on maps
28.21showing public recreation opportunities.
28.22Maps shall include information on and
28.23acknowledgement of the outdoor heritage
28.24fund, including a notation of any restrictions.
28.25
Subd. 10.Pollinators
28.26Each direct recipient of money appropriated
28.27in this section, as well as each recipient of a
28.28grant awarded pursuant to this section that
28.29conducts a prairie restoration using funds
28.30appropriated in this section, must include
28.31an appropriate diversity of native species
28.32selected to provide habitat for pollinators
28.33throughout the growing season as required
28.34under Minnesota Statutes, section 84.973.

29.1    Sec. 3. Minnesota Statutes 2012, section 97A.056, subdivision 1, is amended to read:
29.2    Subdivision 1. Outdoor heritage fund. An outdoor heritage fund, under article
29.3XI, section 15, of the Minnesota Constitution, is established as an account in the state
29.4treasury. All money earned by the outdoor heritage fund must be credited to the fund. At
29.5least 99 percent of the money appropriated from the fund must be expended to restore,
29.6protect, and enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife.
29.7 Money appropriated from the outdoor heritage fund shall not be spent to acquire property
29.8by eminent domain unless the owner requests that the owner's property be acquired by
29.9eminent domain.
29.10EFFECTIVE DATE.This section is effective July 1, 2014, and applies to eminent
29.11domain actions started after that date.

29.12    Sec. 4. Minnesota Statutes 2012, section 97A.056, subdivision 10, is amended to read:
29.13    Subd. 10. Restoration evaluations. The commissioner of natural resources and the
29.14Board of Water and Soil Resources may convene a technical evaluation panel comprised
29.15of five members, including one technical representative from the Board of Water and Soil
29.16Resources, one technical representative from the Department of Natural Resources, one
29.17technical expert from the University of Minnesota or the Minnesota State Colleges and
29.18Universities, and two representatives with expertise in the project being evaluated. The
29.19board and the commissioner may add a technical representative from a unit of federal or
29.20local government. The members of the technical evaluation panel may not be associated
29.21with the restoration, may vary depending upon the projects being reviewed, and shall
29.22avoid any potential conflicts of interest. Each year, the board and the commissioner may
29.23assign a coordinator to identify a sample of up to ten habitat restoration projects completed
29.24with outdoor heritage funding. The coordinator shall secure the restoration plans for the
29.25projects specified and direct the technical evaluation panel to evaluate the restorations
29.26relative to the law, current science, and the stated goals and standards in the restoration
29.27plan and, when applicable, to the Board of Water and Soil Resources' native vegetation
29.28establishment and enhancement guidelines. The coordinator shall summarize the findings
29.29of the panel and provide a report to the chair of the Lessard-Sams Outdoor Heritage
29.30Council and the chairs of the respective house of representatives and senate policy and
29.31finance committees with jurisdiction over natural resources and spending from the outdoor
29.32heritage fund. The report shall determine if the restorations are meeting planned goals,
29.33any problems with the implementation of restorations, and, if necessary, recommendations
29.34on improving restorations. The report shall be focused on improving future restorations.
30.1Up to At least one-tenth of one percent of forecasted receipts from the outdoor heritage
30.2fund may must be used for restoration evaluations under this section.

30.3    Sec. 5. Minnesota Statutes 2012, section 97A.056, subdivision 13, is amended to read:
30.4    Subd. 13. Project requirements. (a) As a condition of accepting money
30.5appropriated from the outdoor heritage fund, an agency or entity receiving money from
30.6an appropriation must comply with this subdivision for any project funded in whole or
30.7in part with funds from the appropriation.
30.8(b) All conservation easements acquired with money appropriated from the outdoor
30.9heritage fund must:
30.10(1) be permanent;
30.11(2) specify the parties to the easement;
30.12(3) specify all of the provisions of an agreement that are permanent;
30.13(4) specify the habitat types and location being protected;
30.14(5) where appropriate for conservation or water protection outcomes, require the
30.15grantor to employ practices retaining water on the eased land as long as practicable;
30.16(6) specify the responsibilities of the parties for habitat enhancement and restoration
30.17and the associated costs of these activities;
30.18(7) be sent to the office of the Lessard-Sams Outdoor Heritage Council;
30.19(8) include a long-term stewardship plan and identify the sources and amount of
30.20funding for monitoring and enforcing the easement agreement; and
30.21(9) identify the parties responsible for monitoring and enforcing the easement
30.22agreement.
30.23(c) For all restorations, a recipient must prepare and retain an ecological restoration
30.24and management plan that, to the degree practicable, is consistent with current
30.25conservation science and ecological goals for the restoration site. Consideration should
30.26be given to soil, geology, topography, and other relevant factors that would provide the
30.27best chance for long-term success and durability of the restoration. The plan must include
30.28the proposed timetable for implementing the restoration, including, but not limited to,
30.29site preparation, establishment of diverse plant species, maintenance, and additional
30.30enhancement to establish the restoration; identify long-term maintenance and management
30.31needs of the restoration and how the maintenance, management, and enhancement will be
30.32financed; and use current conservation science to achieve the best restoration.
30.33(d) For new lands acquired, a recipient must prepare a restoration and management
30.34plan in compliance with paragraph (c), including identification of sufficient funding for
30.35implementation.
31.1(e) To ensure public accountability for the use of public funds, a recipient must
31.2provide to the Lessard-Sams Outdoor Heritage Council documentation of the process used
31.3to select parcels acquired in fee or as permanent conservation easements and must provide
31.4the council with documentation of all related transaction costs, including, but not limited
31.5to, appraisals, legal fees, recording fees, commissions, other similar costs, and donations.
31.6This information must be provided for all parties involved in the transaction. The recipient
31.7must also report to the Lessard-Sams Outdoor Heritage Council any difference between
31.8the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal,
31.9if a state-certified or state-reviewed appraisal was conducted. The commissioner of natural
31.10resources may conduct or require additional appraisals of parcels to be acquired in fee
31.11title or as conservation easements. Acquisition data such as appraisals may remain private
31.12during negotiations but must ultimately be made public according to chapter 13.
31.13(f) Except as otherwise provided in the appropriation, all restoration and
31.14enhancement projects funded with money appropriated from the outdoor heritage fund
31.15must be on land permanently protected by a conservation easement or public ownership or
31.16in public waters as defined in section 103G.005, subdivision 15.
31.17(g) To the extent an appropriation is used to acquire an interest in real property,
31.18a recipient of an appropriation from the outdoor heritage fund must provide to the
31.19Lessard-Sams Outdoor Heritage Council and the commissioner of management and
31.20budget an analysis of increased operation and maintenance costs likely to be incurred by
31.21public entities as a result of the acquisition and of how the costs are to be paid.
31.22(h) A recipient of money appropriated from the outdoor heritage fund must give
31.23consideration to and make timely written contact with Conservation Corps Minnesota for
31.24possible use of the corps' services to contract for restoration and enhancement services.
31.25A copy of the written contact must be filed with the Lessard-Sams Outdoor Heritage
31.26Council within 15 days of execution.
31.27(i) A recipient of money appropriated from the outdoor heritage fund must erect
31.28signage according to Laws 2009, chapter 172, article 5, section 10.

31.29ARTICLE 2
31.30PARKS AND TRAILS FUND

31.31    Section 1. CARVER COUNTY PARKS AND TRAILS GRANT MODIFICATION.
31.32The fiscal year 2015 appropriation from the parks and trails fund to the Metropolitan
31.33Council for grants to Carver County contained in Laws 2013, chapter 137, article 3,
31.34section 4, paragraph (d), may be used for a park programmer position, roads, parking lots,
31.35and paving construction at Lake Minnewashta Regional Park."
32.1Delete the title and insert:
32.2"A bill for an act
32.3relating to natural resources; appropriating money from outdoor heritage fund;
32.4modifying restoration evaluation requirements; modifying provisions for
32.5acquiring real property with money from outdoor heritage fund; modifying
32.6previous parks and trails fund appropriation;amending Minnesota Statutes 2012,
32.7section 97A.056, subdivisions 1, 10, 13."
33.1
We request the adoption of this report and repassage of the bill.
33.2
House Conferees:
33.3
.....
.....
33.4
Rick Hansen
Phyllis Kahn
33.5
.....
33.6
Denny McNamara
33.7
Senate Conferees:
33.8
.....
.....
33.9
Tom Saxhaug
Bill Ingebrigtsen
33.10
.....
33.11
Dan Sparks