Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

HF 2248

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:01am

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

Bill Text Versions

Engrossments
Introduction Posted on 04/01/2009

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4
1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16
1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 5.36 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 7.36 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 8.36 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 17.35 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16

A bill for an act
relating to state government; appropriating money for environment and natural
resources.

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

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

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2010
new text end
new text begin 2011
new text end

Sec. 2. new text beginOUTDOOR HERITAGE
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 69,522,000
new text end
new text begin $
new text end
new text begin -0-
new text end

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

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

new text begin Subd. 2. new text end

new text begin Prairies
new text end

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

new text begin $1,700,000 in fiscal year 2010 is to the
commissioner of natural resources to
accelerate the restoration and enhancement
of native prairie vegetation on public
lands, including roadsides. A list of
proposed projects, describing the types and
locations of restorations and enhancements,
must be provided as part of the required
accomplishment plan.
new text end

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

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

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

new text begin $3,000,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with Pheasants Forever to acquire
and restore land to be added to the state
wildlife management area system. A list
of proposed fee title acquisitions and a list
of proposed restoration projects, describing
the types and locations of restorations,
must be provided as part of the required
accomplishment plan. The commissioner
of natural resources must agree to each
proposed acquisition.
new text end

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

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

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

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

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

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

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

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

new text begin Subd. 3. new text end

new text begin Forests
new text end

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

new text begin $20,000,000 in fiscal year 2010 is to the
commissioner of natural resources to acquire
land or permanent working forest easements
on private forests in areas identified through
the state forest for the future program.
Priority must be given to acquiring land
or interests in private lands within existing
Minnesota state forest boundaries. Any
easements acquired must have a forest
management plan as described in Minnesota
Statutes, section 290C.02, subdivision 7.
A list of proposed fee title and easement
acquisitions must be provided as part of
the required accomplishment plan. The
appropriation is available for closings taking
place after April 30, 2010. This is the first of
two planned appropriations for this program.
new text end

new text begin Subd. 4. new text end

new text begin Wetlands
new text end

new text begin 20,836,000
new text end
new text begin -0-
new text end
new text begin (a) Accelerated Wildlife Management Area
Acquisition
new text end

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

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

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

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

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

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

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

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

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

new text begin Subd. 5. new text end

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

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

new text begin $4,000,000 in fiscal year 2010 is to the
commissioner of natural resources for
an agreement with the National Fish and
Wildlife Foundation to provide competitive,
matching grants of up to $400,000 to local,
regional, state, and national organizations,
including government, for enhancement,
restoration, or protection of forests, wetlands,
prairies, and habitat for fish, game, or
wildlife in Minnesota. The funds may be
advanced in three equal sums, on or after
November 1, 2009, February 1, 2010, and
April 1, 2010. Grantees may protect land
through acquisition of land or interests in
land. Easements must be permanent. Land
acquired in fee must be open to hunting
and fishing during the open season unless
otherwise provided by state law. The
commissioner of natural resources must
agree to each proposed acquisition of land or
interest in land. The program shall require
a match of at least $1 nonstate funds to $10
state funds. Nonstate dollars match may be
in-kind. The criteria for evaluating grant
applications must include amount of habitat
restored, enhanced, or protected; local
support; degree of collaboration; urgency;
multiple benefits; habitat benefits provided;
consistency with sound conservation science;
adjacency to protected lands; full funding of
the project; supplementing existing funding;
public access for hunting and fishing during
the open season; sustainability; and use
of native plant materials. All projects
must conform to the Minnesota statewide
conservation and preservation plan. Wildlife
habitat projects must also conform to the
state wildlife action plan. All restoration
or enhancement projects must be on land
permanently protected by conservation
easement or public ownership. No more
than four of the members of the Lessard
Outdoor Heritage Council may be selected
to sit on any advising panel developed by
the National Fish and Wildlife Foundation.
The program must be open for application
year-round and grants must be evaluated and
granted at least every three months. Up to
six percent of this appropriation is available
for grant program management expenses,
including indirect expenses related to this
grant program, of the National Fish and
Wildlife Foundation. The National Fish
and Wildlife Foundation's administration
and management must be consistent with
Minnesota Statutes, sections 16B.97 and
16B.98, and policies adopted thereunder by
the Department of Administration, Office of
Grants Management. Subdivision 10 applies
to grants awarded under this paragraph. This
appropriation is available until June 30,
2013, at which time all grant projects must
be completed and final products delivered,
unless an earlier date is specified in the grant
agreement. No less than 15 percent of the
amount of each grant must be held back from
reimbursement until the grant recipient has
completed a grant accomplishment report in
the form prescribed by and satisfactory to the
Lessard Outdoor Heritage Council.
new text end

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

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

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

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

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

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

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

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

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

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

new text begin Subd. 6. new text end

new text begin Administration and Other
new text end

new text begin 870,000
new text end
new text begin -0-
new text end
new text begin (a) Contract Management
new text end

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

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

new text begin $695,000 in fiscal year 2010 is to the
Legislative Coordinating Commission for
administrative expenses of the Lessard
Outdoor Heritage Council and for
compensation and expense reimbursement
of council members. Up to $100,000 may
be transferred to the game and fish fund as
reimbursement for advances to the Lessard
Outdoor Heritage Council made in fiscal
year 2009.
new text end

new text begin (c) Lessard Outdoor Heritage Council Site
Visit Exception
new text end

new text begin Travel to and from site visits by council
members paid for under paragraph (b) are
not meetings of the council for the purpose
of receiving information under Minnesota
Statutes, section 97A.056, subdivision 5.
new text end

new text begin Subd. 7. new text end

new text begin Availability of Appropriation
new text end

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

new text begin Subd. 8. new text end

new text begin Cash Advances
new text end

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

new text begin Subd. 9. new text end

new text begin Accomplishment Plans
new text end

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

new text begin Subd. 10. new text end

new text begin Project Requirements
new text end

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

new text begin (1) plant vegetation or sow seed only of
native ecotypes to Minnesota and preferably
of the local ecotype using a high diversity
of species grown as close to the restoration
site as possible, if the planting of vegetation
or sowing of seed is a component of the
accomplishment plan;
new text end

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

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

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

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

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

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

new text begin (3) for all restorations, prepare an ecological
restoration and management plan that, to
the degree practicable, is consistent with the
highest quality conservation and ecological
goals for the restoration site. Consideration
should be given to soil, geology, topography,
and other relevant factors that would provide
the best chance for long-term success of the
restoration projects. The plan shall include
the proposed timetable for implementing
the restoration, including, but not limited
to, site preparation, establishment of
diverse plant species, maintenance, and
additional enhancement to establish the
restoration; identify long-term maintenance
and management needs of the restoration
and how the maintenance, management, and
enhancement will be financed; and use the
best available science to achieve the best
restoration;
new text end

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

new text begin (5) to ensure public accountability for the
use of public funds, provide to the Lessard
Outdoor Heritage Council documentation
of the selection process used to identify
parcels acquired and provide documentation
of all related transaction costs, including
but not limited to appraisals, legal fees,
recording fees, commissions, other similar
costs, and donations. This information must
be provided for all parties involved in the
transaction. The recipient shall also report to
the Lessard Outdoor Heritage Council any
difference between the acquisition amount
paid to the seller and the state-certified or
state-reviewed appraisal. Acquisition data
such as appraisals may remain private during
negotiations but must ultimately be made
public according to Minnesota Statutes,
chapter 13;
new text end

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

new text begin (7) give consideration to contracting with the
Minnesota Conservation Corps for contract
restoration and enhancement services.
new text end

new text begin (b) The Lessard Outdoor Heritage Council
may waive the application of paragraph (a),
clause (5), for specific projects.
new text end

new text begin Subd. 11. new text end

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

new text begin All agreements, grants, or contracts referred
to in this section must be administered on
a reimbursement basis unless otherwise
provided in this section. Payments for
reimbursement may not be made before
November 1, 2009. Notwithstanding
Minnesota Statutes, section 16A.41,
expenditures directly related to each
appropriation's purpose made on or after July
1, 2009, are eligible for reimbursement unless
otherwise provided in this section. Periodic
payment must be made upon receiving
documentation that the deliverable items
articulated in the approved accomplishment
plan have been achieved, including partial
achievements as evidenced by approved
progress reports. Reasonable amounts may
be advanced to projects to accommodate
cash flow needs or to match federal share.
The advances must be approved as part of
the accomplishment plan. Capital equipment
expenditures in excess of $10,000 must be
approved as part of the accomplishment plan.
new text end

new text begin Subd. 12. new text end

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

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

new text begin Subd. 13. new text end

new text begin Accessibility
new text end

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

new text begin Subd. 14. new text end

new text begin Land Acquisition Restrictions
new text end

new text begin (a) An interest in real property, including but
not limited to an easement or fee title, that
is acquired with money appropriated under
this section must be used in perpetuity or for
the specific term of an easement interest for
the purpose for which the appropriation was
made.
new text end

new text begin (b) A recipient of funding who acquires
an interest in real property subject to this
subdivision may not alter the intended use of
the interest in real property or convey any
interest in the real property acquired with the
appropriation without the prior review and
approval of the Lessard Outdoor Heritage
Council or its successor. The council shall
establish procedures to review requests from
recipients to alter the use of or convey an
interest in real property. These procedures
shall allow for the replacement of the interest
in real property with another interest in real
property meeting the following criteria:
new text end

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

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

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

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

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

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

new text begin (4) the following statement: "This interest
in real property shall be administered in
accordance with the terms, conditions, and
purposes of the grant agreement controlling
the acquisition of the property. The interest
in real property, or any portion of the interest
in real property, shall not be sold, transferred,
pledged, or otherwise disposed of or further
encumbered without obtaining the prior
written approval of the Lessard Outdoor
Heritage Council or its successor. If the
holder of the interest in real property fails to
comply with the terms and conditions of the
grant agreement or work program, ownership
of the interest in real property shall transfer
to the state."
new text end

new text begin Subd. 15. new text end

new text begin Real Property Interest Report
new text end

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

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

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

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

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