Minnesota Legislature
HF 2745
1st Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:38pm
KEY: stricken = removed, old language.
underscored = added, new language.
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/11/2008 |
| Committee Engrossments | ||
|---|---|---|
| 1st Committee Engrossment | Posted on 03/10/2008 |
Current Version - 1st Committee Engrossment
1.2relating to state government; appropriating money for environment and
1.3natural resources; providing for repayment of certain appropriations from the
1.4environment and natural resources trust fund;amending Minnesota Statutes
1.52006, section 116P.10.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8The sums shown in the columns marked "Appropriations" are appropriated to the
1.9agencies and for the purposes specified in this act. The appropriations are from the general
1.10fund, or another named fund, and are available for the fiscal years indicated for each
1.11purpose. The figures "2008" and "2009" used in this article mean that the appropriations
1.12listed under them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
1.13respectively. "The first year" is fiscal year 2008. "The second year" is fiscal year 2009.
1.14"The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal year ending
1.15June 30, 2008, are effective the day following final enactment.
2.6Appropriations are available for two
2.7years beginning July 1, 2008, unless
2.8otherwise stated in the appropriation. Any
2.9unencumbered balance remaining in the first
2.10year does not cancel and is available for the
2.11second year.
2.13(a) "Trust fund" means the Minnesota
2.14environment and natural resources trust fund
2.15referred to in Minnesota Statutes, section
2.16116P.02, subdivision 6.
2.17(b) "Great Lakes protection account" means
2.18the account referred to in Minnesota Statutes,
2.19section 116Q.02.
2.25$3,150,000 is from the trust fund to the
2.26commissioner of natural resources for
2.27the fourth appropriation for acceleration
2.28of agency programs and cooperative
2.29agreements. Of this appropriation,
2.30$1,915,000 is for Department of Natural
2.31Resources agency programs and $1,235,000
2.32is for agreements as follows: $475,000 with
2.33the Trust for Public Land; $92,000 with
2.34Friends of the Mississippi River; $111,000
2.35with Great River Greening; $225,000 with
3.1Minnesota Land Trust; $225,000 with
3.2Minnesota Valley National Wildlife Refuge
3.3Trust, Inc.; and $107,000 with Friends of
3.4the Minnesota Valley for the purposes of
3.5planning, restoring, and protecting important
3.6natural areas in the metropolitan area, as
3.7defined under Minnesota Statutes, section
3.8473.121, subdivision 2, and portions of
3.9the surrounding counties, through grants,
3.10contracted services, conservation easements,
3.11and fee title acquisition. Land acquired
3.12with this appropriation must be sufficiently
3.13improved to meet at least minimum
3.14management standards as determined by
3.15the commissioner of natural resources.
3.16Expenditures are limited to the identified
3.17project corridor areas as defined in the work
3.18program. This appropriation may not be used
3.19for the purchase of residential structures,
3.20unless expressly approved in the work
3.21program. All conservation easements must
3.22be perpetual and have a natural resource
3.23management plan. Any land acquired in fee
3.24title by the commissioner of natural resources
3.25with money from this appropriation must
3.26be designated as an outdoor recreation unit
3.27under Minnesota Statutes, section 86A.07.
3.28The commissioner may similarly designate
3.29any lands acquired in less than fee title. A
3.30list of proposed restorations and fee title
3.31and easement acquisitions must be provided
3.32as part of the required work program. All
3.33funding for conservation easements must
3.34include a long-term stewardship plan and
3.35funding for monitoring and enforcing the
3.36agreement.
4.3$400,000 is from the trust fund to the
4.4commissioner of natural resources for
4.5an agreement with Dakota County to
4.6develop and implement a comprehensive
4.7and integrated water quality, wildlife
4.8habitat, and outdoor recreational corridor
4.9plan in the Vermillion River watershed
4.10through easement and fee title acquisition
4.11and restoration. At least 90 percent of
4.12this appropriation must be spent on the
4.13implementation of the comprehensive plan.
4.14A list of proposed restorations and fee title
4.15and easement acquisitions must be provided
4.16as part of the required work program. All
4.17funding for conservation easements must
4.18include a long-term stewardship plan and
4.19funding for monitoring and enforcing the
4.20agreement. This appropriation is available
4.21until June 30, 2011, at which time the
4.22project must be completed and final products
4.23delivered, unless an earlier date is specified
4.24in the work program. On January 2, 2009, the
4.25unobligated balance of the appropriation for
4.26Dakota County wildlife habitat acquisition
4.27and development in Laws 1999, chapter 231,
4.28section 16, subdivision 13, paragraph (m), is
4.29transferred and added to this appropriation.
4.32$3,150,000 is from the trust fund for the
4.33fifth appropriation for acceleration of agency
4.34programs and cooperative agreements. Of
4.35this appropriation, $250,000 is to the Board
4.36of Water and Soil Resources; $733,500 is
5.1to the commissioner of natural resources
5.2for agency programs; and $2,166,500 is
5.3for agreements as follows: $420,000 with
5.4Pheasants Forever; $30,000 with Minnesota
5.5Deer Hunters Association; $597,500 with
5.6Ducks Unlimited, Inc.; $85,000 with
5.7National Wild Turkey Federation; $317,000
5.8with the Nature Conservancy; $210,000
5.9with Minnesota Land Trust; $350,000 with
5.10the Trust for Public Land; $50,000 with
5.11Minnesota Valley National Wildlife Refuge
5.12Trust, Inc.; $30,000 with U. S. Fish and
5.13Wildlife Service; $30,000 with the Leech
5.14Lake Band of Chippewa; $27,000 with
5.15the Fond du Lac Band of Chippewa; and
5.16$20,000 with Friends of Detroit Lakes
5.17Watershed Management District to plan,
5.18restore, and acquire fragmented landscape
5.19corridors that connect areas of quality habitat
5.20to sustain fish, wildlife, and plants. The
5.21USDA-Natural Resources Conservation
5.22Service is a cooperating partner in the
5.23appropriation. Expenditures are limited to
5.24the project corridor areas as defined in the
5.25work program. Land acquired with this
5.26appropriation must be sufficiently improved
5.27to meet at least minimum habitat and facility
5.28management standards as determined by
5.29the commissioner of natural resources.
5.30This appropriation may not be used for the
5.31purchase of residential structures, unless
5.32expressly approved in the work program. All
5.33conservation easements must be perpetual
5.34and have a natural resource management
5.35plan. Any land acquired in fee title by the
5.36commissioner of natural resources with
6.1money from this appropriation must be
6.2designated as an outdoor recreation unit
6.3under Minnesota Statutes, section 86A.07.
6.4The commissioner may similarly designate
6.5any lands acquired in less than fee title. A
6.6list of proposed restorations and fee title
6.7and easement acquisitions must be provided
6.8as part of the required work program. All
6.9funding for conservation easements must
6.10include a long-term stewardship plan and
6.11funding for monitoring and enforcing the
6.12agreement.
6.14$337,000 is from the trust fund to the
6.15commissioner of natural resources for
6.16a grant to Saint John's Arboretum and
6.17University for community outreach, in
6.18cooperation with the Minnesota Land Trust;
6.19conservation easements, in cooperation
6.20with the Minnesota Land Trust; and local
6.21ordinance reviews and recommendations for
6.22the Avon Hills landscape in Stearns County.
6.23A list of proposed fee title and easement
6.24acquisitions must be provided as part of
6.25the required work program. All funding
6.26for conservation easements must include a
6.27long-term stewardship plan and appropriate
6.28funding for monitoring. This appropriation
6.29is available until June 30, 2011, at which
6.30time the project must be completed and final
6.31products delivered, unless an earlier date is
6.32specified in the work program.
7.1$1,000,000 is from the trust fund to the
7.2commissioner of natural resources for an
7.3agreement with the Southwest Initiative
7.4Foundation for planning, acquisition, and
7.5easements in the Minnesota River Valley.
7.6The priority for acquisition must be on
7.7lands with native prairies, unique geological
7.8features, fens, and wetlands not currently
7.9under a permanent protection program. A
7.10list of proposed restorations and fee title
7.11and easement acquisitions must be provided
7.12as part of the required work program. All
7.13funding for conservation easements must
7.14include a long-term stewardship plan and
7.15funding for monitoring and enforcing the
7.16agreement. No more than ten percent may be
7.17spent on planning and management.
7.19$1,000,000 is from the trust fund to the
7.20commissioner of natural resources for
7.21acquisition of scientific and natural areas in
7.22the southern two-thirds of Minnesota. A list
7.23of proposed acquisitions must be provided as
7.24part of the required work program.
7.26$500,000 is from the trust fund to the
7.27commissioner of natural resources to
7.28consolidate state land ownership through
7.29acquisition and sale to reduce forest
7.30fragmentation and enhance management
7.31efficiency. A list of proposed fee title and
7.32easement acquisitions must be provided
7.33as part of the required work program. All
7.34funding for conservation easements must
7.35include a long-term stewardship plan and
8.1funding for monitoring and enforcing the
8.2agreement. Minnesota Statutes, sections
8.394.16 and 94.165, apply to the proceeds
8.4from the sale of land. For this appropriation,
8.5the Department of Natural Resources must
8.6establish a separate revolving account under
8.7Minnesota Statutes, section 94.165, for the
8.8use and accounting of trust fund money. This
8.9appropriation is available until June 30, 2011,
8.10at which time the project must be completed
8.11and final products delivered, unless an earlier
8.12date is specified in the work program.
8.14$1,500,000 is from the trust fund to the
8.15commissioner of natural resources to acquire
8.16land for designated state trail alignments and
8.17in-holdings for state parks. Land acquired
8.18with this appropriation must be sufficiently
8.19improved to meet at least minimum
8.20management standards as determined by the
8.21commissioner of natural resources. A list of
8.22proposed acquisitions must be provided as
8.23part of the required work program.
8.26$1,500,000 is from the trust fund to the
8.27Metropolitan Council for subgrants for the
8.28acquisition of lands within the approved park
8.29unit boundaries of the metropolitan regional
8.30park system. This appropriation may not
8.31be used for the purchase of residential
8.32structures. Subdivision 12 applies to grants
8.33awarded in the approved work program.
8.34A list of proposed fee title and easement
8.35acquisitions must be provided as part of
9.1the required work program. All funding
9.2for conservation easements must include a
9.3long-term stewardship plan and funding for
9.4monitoring and enforcing the agreement.
9.5This appropriation must be matched by at
9.6least 40 percent of nonstate money and must
9.7be committed by December 31, 2008, or the
9.8appropriation cancels. This appropriation
9.9is available until June 30, 2011, at which
9.10time the project must be completed and final
9.11products delivered, unless an earlier date is
9.12specified in the work program.
9.15$1,000,000 is from the trust fund to the
9.16commissioner of natural resources for a grant
9.17to Wright County for land acquisition for a
9.18proposed regional park on the Bertram Chain
9.19of Lakes in Wright County. If the acquisition
9.20for a proposed regional park on the Bertram
9.21Chain of Lakes is not completed by June 30,
9.222010, then the appropriation is available for
9.23matching grants to other local governments
9.24for acquisition of regional parks and natural
9.25and scenic areas as provided in Minnesota
9.26Statutes, section 85.019, subdivisions 2,
9.27paragraph (b), and 4a. This appropriation
9.28is available until June 30, 2011, at which
9.29time the project must be completed and final
9.30products delivered, unless an earlier date is
9.31specified in the work program.
9.34$150,000 is from the trust fund to the
9.35commissioner of natural resources to provide
9.36matching grants to local governments and
10.1private, nonprofit organizations for projects
10.2that enhance fish, wildlife, and native plant
10.3habitat, provide related research or surveys,
10.4and protect and enhance the state's natural
10.5environment.
10.7$175,000 is from the trust fund to the Board
10.8of Regents of the University of Minnesota to
10.9design recreational trail systems for Lyon,
10.10Brown, Redwood, and Renville Counties.
10.13$1,250,000 is from the trust fund to the
10.14commissioner of natural resources to provide
10.15for a rapid assessment of remaining native
10.16prairie, accelerate the Minnesota county
10.17biological survey in the prairie region,
10.18provide technical assistance to private prairie
10.19landowners, accelerate management of
10.20public and private prairie lands, evaluate and
10.21monitor prairie conditions and associated
10.22wildlife, and acquire prairie natural areas,
10.23prairie bank easements, and buffers. At
10.24least $475,000 of this appropriation must
10.25be spent on acquisition. A list of proposed
10.26restorations and fee title and easement
10.27acquisitions must be provided as part of
10.28the required work program. All funding
10.29for conservation easements must include a
10.30long-term stewardship plan and funding for
10.31monitoring and enforcing the agreement.
10.33$80,000 is from the trust fund to the
10.34Board of Water and Soil Resources for an
10.35agreement with the Martin County Soil and
11.1Water Conservation District to collect and
11.2propagate local ecotype native plant materials
11.3from prairie remnants for establishment on
11.4lands with perpetual conservation protection
11.5in Martin County. If the Martin County Soil
11.6and Water Conservation District sells seeds
11.7or plants that were collected or propagated
11.8using money from this appropriation, the net
11.9proceeds of the sale must be repaid to the
11.10trust fund.
11.12$45,000 is from the trust fund to the
11.13commissioner of natural resources for an
11.14agreement with the Minnesota Recreation and
11.15Park Association to provide information on
11.16best practices for native prairie management
11.17through field demonstrations, regional
11.18workshops, and the Web.
11.21$330,000 is from the trust fund to the Board
11.22of Regents of the University of Minnesota
11.23to accelerate research simulating future
11.24changing CO2, rainfall, and temperature
11.25level impacts on biomass production, carbon
11.26sequestration, and water quality in prairie
11.27and tree species. This appropriation is
11.28available until June 30, 2011, at which time
11.29the project must be completed and final
11.30products delivered, unless an earlier date is
11.31specified in the work program.
11.34$250,000 is from the trust fund to the Board
11.35of Regents of the University of Minnesota to
12.1research and evaluate methods of managing
12.2diverse working prairies for wildlife and
12.3renewable bioenergy production. On June
12.41, 2008, the $500,000 appropriation for the
12.5Phillips biomass community energy system
12.6under Laws 2006, chapter 243, section 20,
12.7subdivision 3, is transferred and added to
12.8this appropriation. This appropriation is
12.9available until June 30, 2011, at which time
12.10the project must be completed and final
12.11products delivered, unless an earlier date is
12.12specified in the work program.
12.20$270,000 is from the trust fund to the Board
12.21of Regents of the University of Minnesota to
12.22spatially model water demand in Minnesota
12.23under differing energy production scenarios
12.24and develop a Web-based tool for comparing
12.25policy scenarios impacts on water resources
12.26in the state.
12.29$550,000 is from the trust fund to the Board
12.30of Regents of the University of Minnesota
12.31to accelerate research on new approaches
12.32to control the invasive common carp. This
12.33appropriation is available until June 30, 2011,
12.34at which time the project must be completed
12.35and final products delivered, unless an earlier
12.36date is specified in the work program.
13.3$368,000 is from the trust fund to the
13.4commissioner of agriculture, in cooperation
13.5with the commissioner of health, to purchase
13.6equipment and supplies to accelerate the
13.7sampling of public water supplies for the
13.8presence and concentration of pesticides and
13.9their degradates for health risk assessments.
13.12$52,000 is from the trust fund to the Board of
13.13Water and Soil Resources for an agreement
13.14with the Whitewater Joint Powers Board to
13.15inventory streams and adjacent land use and
13.16survey riparian landowners to assist in the
13.17prioritization of restoration efforts to improve
13.18water quality, habitat, and future enforcement
13.19of riparian buffers in the southeast ten-county
13.20region of the Southeast Minnesota Water
13.21Resources Board.
13.24$125,000 is from the trust fund to the
13.25commissioner of natural resources for the
13.26second appropriation for a cooperative
13.27effort with Cass County to identify sensitive
13.28shorelines for the highest priority lakes and
13.29develop innovative zoning in Cass County to
13.30protect water quality and near-shore habitat.
13.31This appropriation is available until June
13.3230, 2011, at which time the project must
13.33be completed and final products delivered,
13.34unless an earlier date is specified in the work
13.35program.
14.2$225,000 is from the trust fund to the
14.3commissioner of natural resources to
14.4accelerate the native shoreland buffer
14.5incentive program through market research,
14.6technical assistance, and competitive grants
14.7to local governments for creating and
14.8implementing shoreland buffer incentive
14.9programs. Grant recipients must have current
14.10shoreline management requirements and
14.11effective enforcement. This appropriation
14.12is available until June 30, 2011, at which
14.13time the project must be completed and final
14.14products delivered, unless an earlier date is
14.15specified in the work program.
14.18$240,000 is from the trust fund to the
14.19commissioner of natural resources for an
14.20agreement with Trout Unlimited to accelerate
14.21stream bank stabilization projects on at least
14.22six miles of streams through restoration,
14.23providing technical assistance, and
14.24conducting workshops. This appropriation
14.25is available until June 30, 2011, at which
14.26time the project must be completed and final
14.27products delivered, unless an earlier date is
14.28specified in the work program.
14.31$1,600,000 is from the trust fund for
14.32collection and interpretation of subsurface
14.33geological information and acceleration of
14.34the county geologic atlas program. $706,000
14.35of this appropriation is to the Board of
15.1Regents of the University of Minnesota
15.2for the Geological Survey to begin county
15.3geologic atlases in three counties. $894,000
15.4of this appropriation is to the commissioner
15.5of natural resources to investigate the
15.6physical and recharge characteristics of
15.7the Mt. Simon aquifer. This appropriation
15.8represents a continuing effort to complete
15.9the county geologic atlases throughout the
15.10state. This appropriation is available until
15.11June 30, 2011, at which time the project must
15.12be completed and final products delivered,
15.13unless an earlier date is specified in the work
15.14program.
15.16$86,000 is from the Great Lakes protection
15.17account to the Board of Regents of the
15.18University of Minnesota for the Large Lakes
15.19Observatory for research on Lake Superior
15.20waters. This appropriation is added to Laws
15.212006, chapter 243, section 20, subdivision 6,
15.22Lake Superior research. This appropriation
15.23is effective the day following final enactment
15.24and is available until June 30, 2011, at which
15.25time the project must be completed and final
15.26products delivered, unless an earlier date is
15.27specified in the work program.
15.33$550,000 is from the trust fund to the
15.34commissioner of natural resources to begin
15.35updating the National Wetlands Inventory
16.1through standards development, mapping,
16.2training, and imagery acquisition. This is
16.3the first phase of an overall effort to update
16.4the inventory statewide. This appropriation
16.5is available until June 30, 2011, at which
16.6time the project must be completed and final
16.7products delivered, unless an earlier date is
16.8specified in the work program.
16.10$400,000 is from the trust fund to the Board
16.11of Water and Soil Resources for soil survey
16.12mapping and interpretation efforts in areas of
16.13the state, including Crow Wing, Pine, Cook,
16.14Lake, and Isanti Counties, and to accelerate
16.15the delivery of soils data through the Internet
16.16as a Web-based soil survey. The new soil
16.17surveys must be done on a cost-share basis
16.18with local and federal funds.
16.21$100,000 is from the trust fund to the
16.22commissioner of the Pollution Control
16.23Agency for a cooperative agreement with
16.24the National Oceanic and Atmospheric
16.25Administration to partially fund a multistate
16.26effort to obtain updated climate change
16.27related rainfall frequencies to enhance
16.28engineering of storm water conveyance and
16.29treatment systems and roads. The acquired
16.30data shall be distributed free of charge. This
16.31appropriation is available until June 30, 2011,
16.32at which time the project must be completed
16.33and final products delivered, unless an earlier
16.34date is specified in the work program.
17.1$270,000 is from the trust fund to develop a
17.2statewide survey of Minnesota breeding bird
17.3distribution and create related publications,
17.4including a book and online atlas with
17.5distribution maps and breeding status.
17.6Of this appropriation, $169,000 is to the
17.7commissioner of natural resources for an
17.8agreement with Audubon Minnesota and
17.9$101,000 is to the Board of Regents of the
17.10University of Minnesota for the Natural
17.11Resources Research Institute. The atlas must
17.12be available for downloading on the Internet
17.13free of charge.
17.15$245,000 is from the trust fund to the
17.16commissioner of natural resources for an
17.17agreement with Ducks Unlimited, Inc.,
17.18to continue the inventory, mapping, and
17.19digitizing of drained restorable wetlands in
17.20the southwest prairie region of Minnesota.
17.21This appropriation is available until June
17.2230, 2011, at which time the project must
17.23be completed and final products delivered,
17.24unless an earlier date is specified in the work
17.25program.
17.28$100,000 is from the trust fund to the Board
17.29of Regents of the University of Minnesota
17.30for the Raptor Center to develop a GIS-based
17.31database that catalogs symptoms and
17.32conditions observed in injured wildlife.
18.1$180,000 is from the trust fund to the Board
18.2of Water and Soil Resources to enhance
18.3long-term stewardship, oversight, and
18.4maintenance of conservation easements
18.5held by the board and to update the current
18.6easement database. This effort must be
18.7done in cooperation with the Department
18.8of Natural Resources. This appropriation
18.9is available until June 30, 2011, at which
18.10time the project must be completed and final
18.11products delivered, unless an earlier date is
18.12specified in the work program.
18.15$520,000 is from the trust fund to the
18.16commissioner of natural resources to
18.17inventory and digitize the department's
18.18conservation easements and prepare a
18.19plan for monitoring, stewardship, and
18.20enforcement. This effort must be done in
18.21cooperation with the Board of Water and Soil
18.22Resources. This appropriation is available
18.23until June 30, 2011, at which time the
18.24project must be completed and final products
18.25delivered, unless an earlier date is specified
18.26in the work program.
18.32$349,000 is from the trust fund to the
18.33Board of Regents of the University of
18.34Minnesota for the Bell Museum of Natural
18.35History to begin the development of an
19.1educational documentary television series on
19.2the waters of Minnesota designed to promote
19.3watershed understanding and citizen action
19.4in protecting, restoring, and conserving water
19.5resources. This appropriation is available
19.6until June 30, 2011, at which time the
19.7project must be completed and final products
19.8delivered, unless an earlier date is specified
19.9in the work program.
19.12$750,000 is from the trust fund to the
19.13commissioner of the Pollution Control
19.14Agency to provide student-focused grants to
19.15high schools, colleges, and universities to
19.16identify their carbon footprints and develop
19.17and implement innovative plans to reduce
19.18carbon emissions. This appropriation is
19.19available until June 30, 2011, at which time
19.20the project must be completed and final
19.21products delivered, unless an earlier date is
19.22specified in the work program.
19.24$155,000 is from the trust fund for an
19.25emerging issues account as authorized
19.26under Minnesota Statutes, section 116P.08,
19.27subdivision 4, paragraph (d).
19.29Unless otherwise provided, the amounts in
19.30this section are available until June 30, 2010,
19.31when projects must be completed and final
19.32products delivered. For acquisition of real
19.33property, the amounts in this section are
19.34available until June 30, 2011, if a binding
19.35contract is entered into by June 30, 2010,
20.1and closed not later than June 30, 2011. The
20.2time period for the amounts available in
20.3this section may be extended by up to one
20.4year through an approved work program. If
20.5a project receives a federal grant, the time
20.6period of the appropriation is extended to
20.7equal the federal grant period.
20.10The work program for every appropriation
20.11under this section for acquisition of a real
20.12property interest shall identify nonstate
20.13leveraged funds and a plan for expenditure of
20.14funds to maximize the benefit of the trust fund
20.15allocation. Any work program that proposes
20.16materially less leverage than the proposal
20.17shall be brought to the Legislative-Citizen
20.18Commission on Minnesota Resources for
20.19review and approval or disapproval. The
20.20final report of each project shall identify
20.21all leverage obtained. Leveraged funds
20.22shall be spent concurrently with trust fund
20.23appropriations to the extent possible.
20.25Data collected by the projects funded under
20.26this section that have value for planning and
20.27management of natural resource, emergency
20.28preparedness, and infrastructure investments
20.29must conform to the enterprise information
20.30architecture developed by the Office of
20.31Enterprise Technology. Spatial data must
20.32conform to geographic information system
20.33guidelines and standards outlined in that
20.34architecture and adopted by the Minnesota
20.35Geographic Data Clearinghouse at the
21.1Land Management Information Center. A
21.2description of these data that adheres to the
21.3Office of Enterprise Technology geographic
21.4metadata standards must be submitted to
21.5the Land Management Information Center
21.6to be made available online through the
21.7clearinghouse and the data must be accessible
21.8and free to the public unless made private
21.9under the Data Practices Act, Minnesota
21.10Statutes, chapter 13.
21.11To the extent practicable, summary data and
21.12results of projects funded under this section
21.13should be readily accessible on the Internet
21.14and identified as an environment and natural
21.15resources trust fund project.
21.17As a condition of accepting an appropriation
21.18in this section, any agency or entity receiving
21.19the appropriation must, for any project
21.20funded in whole or in part with funds from
21.21this appropriation:
21.22(1) comply with Minnesota Statutes, chapter
21.23116P;
21.24(2) plant vegetation only of native ecotypes
21.25to Minnesota and of the local ecotype, to
21.26the extent possible, as defined in Minnesota
21.27Statutes, section 84.02, subdivision 2.
21.28If seeds and plant materials within this
21.29definition are not available, then the seeds
21.30and plant material should be from within
21.31the same ecological subsection as defined
21.32in the Ecological Classification System
21.33developed by the Minnesota Department of
21.34Natural Resources and the United States
21.35Forest Service. Use of any seeds and plant
22.1materials beyond these definitions must be
22.2expressly approved in the work program.
22.3A high diversity of grass and forb species
22.4should be included in any restorations to the
22.5extent possible;
22.6(3) provide that all conservation easements:
22.7(i) are perpetual;
22.8(ii) specify the parties to an easement in the
22.9easement;
22.10(iii) specify all of the provisions of an
22.11agreement that are perpetual;
22.12(iv) are sent to the commission office in an
22.13electronic format; and
22.14(v) include a long-term stewardship plan and
22.15funding for monitoring and enforcing the
22.16easement agreement;
22.17(4) give priority in any acquisition of land
22.18or interest in land to high quality natural
22.19resources or conservation lands that provide
22.20natural buffers to water resources; and
22.21(5) provide documentation to the
22.22Legislative-Citizen Commission on
22.23Minnesota Resources of the selection process
22.24used to identify parcels acquired and provide
22.25documentation of all related transaction
22.26costs, including but not limited to appraisals,
22.27legal fees, recording fees, commissions,
22.28other similar costs, and donations. This
22.29information must be provided for all parties
22.30involved in the transaction. The recipient
22.31shall also report to the Legislative-Citizen
22.32Commission on Minnesota Resources any
22.33difference between the acquisition amount
22.34paid to the seller and the state certified or
23.1state reviewed appraisal. Appropriate data
23.2such as appraisals may remain private during
23.3negotiations but must ultimately be made
23.4public according to Minnesota Statutes,
23.5chapter 13.
23.8All agreements, grants, or contracts referred
23.9to in this section must be administered on
23.10a reimbursement basis unless otherwise
23.11provided in this section. Notwithstanding
23.12Minnesota Statutes, section 16A.41,
23.13expenditures made on or after July 1,
23.142008, or the date the work program is
23.15approved, whichever is later, are eligible for
23.16reimbursement unless otherwise provided
23.17in this section. Periodic payment must
23.18be made upon receiving documentation
23.19that the deliverable items articulated in
23.20the approved work program have been
23.21achieved, including partial achievements
23.22as evidenced by approved progress reports.
23.23Reasonable amounts may be advanced to
23.24projects to accommodate cash flow needs or
23.25match federal money. The advances must
23.26be approved as part of the work program.
23.27No expenditures for capital equipment are
23.28allowed unless expressly authorized in the
23.29project work program.
23.32A political subdivision, public or private
23.33corporation, or other entity that receives
23.34an appropriation in this section must use
23.35the appropriation in compliance with
23.36Minnesota Statutes, sections 16B.121 and
24.116B.122, requiring the purchase of recycled,
24.2repairable, and durable materials; the
24.3purchase of uncoated paper stock; and the
24.4use of soy-based ink.
24.7A recipient to whom an appropriation is made
24.8in this section for a capital improvement
24.9project shall ensure that the project complies
24.10with the applicable energy conservation and
24.11sustainable building guidelines and standards
24.12contained in law, including Minnesota
24.13Statutes, sections 16B.325, 216C.19, and
24.14216C.20, and rules adopted thereunder.
24.15The recipient may use the energy planning,
24.16advocacy, and State Energy Office units
24.17of the Department of Commerce to obtain
24.18information and technical assistance on
24.19energy conservation and alternative energy
24.20development relating to the planning and
24.21construction of the capital improvement
24.22project.
24.24Structural and nonstructural facilities must
24.25meet the design standards in the Americans
24.26with Disability Act (ADA) accessibility
24.27guidelines.
24.29The availability of the appropriation for
24.30the following projects are extended to
24.31June 30, 2009: Laws 2005, First Special
24.32Session chapter 1, article 2, section 11,
24.33subdivision 6, paragraph (h), as amended
24.34by Laws 2007, chapter 57, article 1, section
24.354, subdivision 6, Paul Bunyan State Trail
25.1connection; and Laws 2005, First Special
25.2Session chapter 1, article 2, section 11,
25.3subdivision 7, paragraph (j), improving
25.4impaired watersheds conservation drainage
25.5research.
25.6 Sec. 3. Minnesota Statutes 2006, section 116P.10, is amended to read:
25.7116P.10 ROYALTIES, COPYRIGHTS, PATENTS, AND SALE OF
25.8PRODUCTS AND ASSETS.
25.9(a) This section applies to projects supported by the trust fund and the oil overcharge
25.10money referred to in section4.071, subdivision 2 , each of which is referred to in this
25.11section as a "fund."
25.12(b) The fund owns and shall take title to the percentage of a royalty, copyright,
25.13or patent resulting from a project supported by the fund equal to the percentage of the
25.14project's total funding provided by the fund. Cash receipts resulting from a royalty,
25.15copyright, or patent, or the sale of the fund's rights to a royalty, copyright, or patent, must
25.16be credited immediately to the principal of the fund. Receipts from Minnesota future
25.17resources fund projects must be credited to the trust fund.Before a project is included
25.18in the budget plan, The commission may vote include in its annual legislative bill a
25.19recommendation to relinquish the ownership or rights to a royalty, copyright, or patent
25.20resulting from a project supported by the fund to the project's proposer when the amount
25.21of the original grant or loan, plus interest, has been repaid to the fund.
25.22(c) If a project supported by the fund results in net income from the sale of products
25.23or assets developed or acquired by an appropriation from the fund, the appropriation
25.24must be repaid to the fund in an amount equal to the percentage of the project's total
25.25funding provided by the fund. The commission may include in its annual legislative bill a
25.26recommendation to relinquish the income if a plan is approved for reinvestment of the
25.27income in the project or when the amount of the original grant or loan, plus interest, has
25.28been repaid to the fund.
1.3natural resources; providing for repayment of certain appropriations from the
1.4environment and natural resources trust fund;amending Minnesota Statutes
1.52006, section 116P.10.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.7 |
Section 1. MINNESOTA RESOURCES APPROPRIATION. |
||||||
1.9agencies and for the purposes specified in this act. The appropriations are from the general
1.10fund, or another named fund, and are available for the fiscal years indicated for each
1.11purpose. The figures "2008" and "2009" used in this article mean that the appropriations
1.12listed under them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
1.13respectively. "The first year" is fiscal year 2008. "The second year" is fiscal year 2009.
1.14"The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal year ending
1.15June 30, 2008, are effective the day following final enactment.
| 1.16 |
APPROPRIATIONS |
||||||
| 1.17 |
Available for the Year |
||||||
| 1.18 |
Ending June 30 |
||||||
| 1.19 |
2008 |
2009 |
|||||
| 1.20 |
Sec. 2. MINNESOTA RESOURCES. |
||||||
| 1.21 |
Subdivision 1.Total Appropriation |
$ |
86,000 |
$ |
22,866,000 |
||
| 1.22 |
Appropriations by Fund |
||
| 1.23 |
2008 |
2009 |
|
| 2.1 2.2 2.3 |
Environment and Natural Resources Trust |
-0- |
22,866,000 |
| 2.4 2.5 |
Great Lakes Protection Account |
86,000 |
-0- |
2.7years beginning July 1, 2008, unless
2.8otherwise stated in the appropriation. Any
2.9unencumbered balance remaining in the first
2.10year does not cancel and is available for the
2.11second year.
| 2.12 |
Subd. 2.Definitions |
||||||
2.14environment and natural resources trust fund
2.15referred to in Minnesota Statutes, section
2.16116P.02, subdivision 6.
2.17(b) "Great Lakes protection account" means
2.18the account referred to in Minnesota Statutes,
2.19section 116Q.02.
| 2.20 |
Subd. 3.Land and Habitat |
-0- |
15,817,000 |
||||
| 2.21 |
Appropriations by Fund |
||
| 2.22 |
Trust Fund |
-0- |
15,817,000 |
| 2.23 2.24 |
(a) Metro Conservation Corridors (MeCC) ��� Phase IV |
||||||
2.26commissioner of natural resources for
2.27the fourth appropriation for acceleration
2.28of agency programs and cooperative
2.29agreements. Of this appropriation,
2.30$1,915,000 is for Department of Natural
2.31Resources agency programs and $1,235,000
2.32is for agreements as follows: $475,000 with
2.33the Trust for Public Land; $92,000 with
2.34Friends of the Mississippi River; $111,000
2.35with Great River Greening; $225,000 with
3.1Minnesota Land Trust; $225,000 with
3.2Minnesota Valley National Wildlife Refuge
3.3Trust, Inc.; and $107,000 with Friends of
3.4the Minnesota Valley for the purposes of
3.5planning, restoring, and protecting important
3.6natural areas in the metropolitan area, as
3.7defined under Minnesota Statutes, section
3.8473.121, subdivision 2, and portions of
3.9the surrounding counties, through grants,
3.10contracted services, conservation easements,
3.11and fee title acquisition. Land acquired
3.12with this appropriation must be sufficiently
3.13improved to meet at least minimum
3.14management standards as determined by
3.15the commissioner of natural resources.
3.16Expenditures are limited to the identified
3.17project corridor areas as defined in the work
3.18program. This appropriation may not be used
3.19for the purchase of residential structures,
3.20unless expressly approved in the work
3.21program. All conservation easements must
3.22be perpetual and have a natural resource
3.23management plan. Any land acquired in fee
3.24title by the commissioner of natural resources
3.25with money from this appropriation must
3.26be designated as an outdoor recreation unit
3.27under Minnesota Statutes, section 86A.07.
3.28The commissioner may similarly designate
3.29any lands acquired in less than fee title. A
3.30list of proposed restorations and fee title
3.31and easement acquisitions must be provided
3.32as part of the required work program. All
3.33funding for conservation easements must
3.34include a long-term stewardship plan and
3.35funding for monitoring and enforcing the
3.36agreement.
| 4.1 4.2 |
(b) Vermillion River Corridor Acquisition and Restoration in Dakota County |
||||||
4.4commissioner of natural resources for
4.5an agreement with Dakota County to
4.6develop and implement a comprehensive
4.7and integrated water quality, wildlife
4.8habitat, and outdoor recreational corridor
4.9plan in the Vermillion River watershed
4.10through easement and fee title acquisition
4.11and restoration. At least 90 percent of
4.12this appropriation must be spent on the
4.13implementation of the comprehensive plan.
4.14A list of proposed restorations and fee title
4.15and easement acquisitions must be provided
4.16as part of the required work program. All
4.17funding for conservation easements must
4.18include a long-term stewardship plan and
4.19funding for monitoring and enforcing the
4.20agreement. This appropriation is available
4.21until June 30, 2011, at which time the
4.22project must be completed and final products
4.23delivered, unless an earlier date is specified
4.24in the work program. On January 2, 2009, the
4.25unobligated balance of the appropriation for
4.26Dakota County wildlife habitat acquisition
4.27and development in Laws 1999, chapter 231,
4.28section 16, subdivision 13, paragraph (m), is
4.29transferred and added to this appropriation.
| 4.30 4.31 |
(c) Minnesota Habitat Conservation Partnership ��� Phase V |
||||||
4.33fifth appropriation for acceleration of agency
4.34programs and cooperative agreements. Of
4.35this appropriation, $250,000 is to the Board
4.36of Water and Soil Resources; $733,500 is
5.1to the commissioner of natural resources
5.2for agency programs; and $2,166,500 is
5.3for agreements as follows: $420,000 with
5.4Pheasants Forever; $30,000 with Minnesota
5.5Deer Hunters Association; $597,500 with
5.6Ducks Unlimited, Inc.; $85,000 with
5.7National Wild Turkey Federation; $317,000
5.8with the Nature Conservancy; $210,000
5.9with Minnesota Land Trust; $350,000 with
5.10the Trust for Public Land; $50,000 with
5.11Minnesota Valley National Wildlife Refuge
5.12Trust, Inc.; $30,000 with U. S. Fish and
5.13Wildlife Service; $30,000 with the Leech
5.14Lake Band of Chippewa; $27,000 with
5.15the Fond du Lac Band of Chippewa; and
5.16$20,000 with Friends of Detroit Lakes
5.17Watershed Management District to plan,
5.18restore, and acquire fragmented landscape
5.19corridors that connect areas of quality habitat
5.20to sustain fish, wildlife, and plants. The
5.21USDA-Natural Resources Conservation
5.22Service is a cooperating partner in the
5.23appropriation. Expenditures are limited to
5.24the project corridor areas as defined in the
5.25work program. Land acquired with this
5.26appropriation must be sufficiently improved
5.27to meet at least minimum habitat and facility
5.28management standards as determined by
5.29the commissioner of natural resources.
5.30This appropriation may not be used for the
5.31purchase of residential structures, unless
5.32expressly approved in the work program. All
5.33conservation easements must be perpetual
5.34and have a natural resource management
5.35plan. Any land acquired in fee title by the
5.36commissioner of natural resources with
6.1money from this appropriation must be
6.2designated as an outdoor recreation unit
6.3under Minnesota Statutes, section 86A.07.
6.4The commissioner may similarly designate
6.5any lands acquired in less than fee title. A
6.6list of proposed restorations and fee title
6.7and easement acquisitions must be provided
6.8as part of the required work program. All
6.9funding for conservation easements must
6.10include a long-term stewardship plan and
6.11funding for monitoring and enforcing the
6.12agreement.
| 6.13 |
(d) Preserving the Avon Hills Landscape |
||||||
6.15commissioner of natural resources for
6.16a grant to Saint John's Arboretum and
6.17University for community outreach, in
6.18cooperation with the Minnesota Land Trust;
6.19conservation easements, in cooperation
6.20with the Minnesota Land Trust; and local
6.21ordinance reviews and recommendations for
6.22the Avon Hills landscape in Stearns County.
6.23A list of proposed fee title and easement
6.24acquisitions must be provided as part of
6.25the required work program. All funding
6.26for conservation easements must include a
6.27long-term stewardship plan and appropriate
6.28funding for monitoring. This appropriation
6.29is available until June 30, 2011, at which
6.30time the project must be completed and final
6.31products delivered, unless an earlier date is
6.32specified in the work program.
| 6.33 6.34 |
(e) Minnesota River Valley Green Corridor Land Protection |
||||||
7.2commissioner of natural resources for an
7.3agreement with the Southwest Initiative
7.4Foundation for planning, acquisition, and
7.5easements in the Minnesota River Valley.
7.6The priority for acquisition must be on
7.7lands with native prairies, unique geological
7.8features, fens, and wetlands not currently
7.9under a permanent protection program. A
7.10list of proposed restorations and fee title
7.11and easement acquisitions must be provided
7.12as part of the required work program. All
7.13funding for conservation easements must
7.14include a long-term stewardship plan and
7.15funding for monitoring and enforcing the
7.16agreement. No more than ten percent may be
7.17spent on planning and management.
| 7.18 |
(f) Scientific and Natural Area Acquisition |
||||||
7.20commissioner of natural resources for
7.21acquisition of scientific and natural areas in
7.22the southern two-thirds of Minnesota. A list
7.23of proposed acquisitions must be provided as
7.24part of the required work program.
| 7.25 |
(g) State Land Acquisition Consolidation |
||||||
7.27commissioner of natural resources to
7.28consolidate state land ownership through
7.29acquisition and sale to reduce forest
7.30fragmentation and enhance management
7.31efficiency. A list of proposed fee title and
7.32easement acquisitions must be provided
7.33as part of the required work program. All
7.34funding for conservation easements must
7.35include a long-term stewardship plan and
8.1funding for monitoring and enforcing the
8.2agreement. Minnesota Statutes, sections
8.394.16 and 94.165, apply to the proceeds
8.4from the sale of land. For this appropriation,
8.5the Department of Natural Resources must
8.6establish a separate revolving account under
8.7Minnesota Statutes, section 94.165, for the
8.8use and accounting of trust fund money. This
8.9appropriation is available until June 30, 2011,
8.10at which time the project must be completed
8.11and final products delivered, unless an earlier
8.12date is specified in the work program.
| 8.13 |
(h) State Park and Trail Land Acquisition |
||||||
8.15commissioner of natural resources to acquire
8.16land for designated state trail alignments and
8.17in-holdings for state parks. Land acquired
8.18with this appropriation must be sufficiently
8.19improved to meet at least minimum
8.20management standards as determined by the
8.21commissioner of natural resources. A list of
8.22proposed acquisitions must be provided as
8.23part of the required work program.
| 8.24 8.25 |
(i) Metropolitan Regional Park System Land Acquisition |
||||||
8.27Metropolitan Council for subgrants for the
8.28acquisition of lands within the approved park
8.29unit boundaries of the metropolitan regional
8.30park system. This appropriation may not
8.31be used for the purchase of residential
8.32structures. Subdivision 12 applies to grants
8.33awarded in the approved work program.
8.34A list of proposed fee title and easement
8.35acquisitions must be provided as part of
9.1the required work program. All funding
9.2for conservation easements must include a
9.3long-term stewardship plan and funding for
9.4monitoring and enforcing the agreement.
9.5This appropriation must be matched by at
9.6least 40 percent of nonstate money and must
9.7be committed by December 31, 2008, or the
9.8appropriation cancels. This appropriation
9.9is available until June 30, 2011, at which
9.10time the project must be completed and final
9.11products delivered, unless an earlier date is
9.12specified in the work program.
| 9.13 9.14 |
(j) Local Initiative Grants ��� Regional Parks and Natural Areas |
||||||
9.16commissioner of natural resources for a grant
9.17to Wright County for land acquisition for a
9.18proposed regional park on the Bertram Chain
9.19of Lakes in Wright County. If the acquisition
9.20for a proposed regional park on the Bertram
9.21Chain of Lakes is not completed by June 30,
9.222010, then the appropriation is available for
9.23matching grants to other local governments
9.24for acquisition of regional parks and natural
9.25and scenic areas as provided in Minnesota
9.26Statutes, section 85.019, subdivisions 2,
9.27paragraph (b), and 4a. This appropriation
9.28is available until June 30, 2011, at which
9.29time the project must be completed and final
9.30products delivered, unless an earlier date is
9.31specified in the work program.
| 9.32 9.33 |
(k) Conservation Partners/Environmental Partnerships Matching Grant Program |
||||||
9.35commissioner of natural resources to provide
9.36matching grants to local governments and
10.1private, nonprofit organizations for projects
10.2that enhance fish, wildlife, and native plant
10.3habitat, provide related research or surveys,
10.4and protect and enhance the state's natural
10.5environment.
| 10.6 |
(l) County Trail System Design |
||||||
10.8of Regents of the University of Minnesota to
10.9design recreational trail systems for Lyon,
10.10Brown, Redwood, and Renville Counties.
| 10.11 10.12 |
(m) Accelerated Prairie Management, Survey, Acquisition, and Evaluation |
||||||
10.14commissioner of natural resources to provide
10.15for a rapid assessment of remaining native
10.16prairie, accelerate the Minnesota county
10.17biological survey in the prairie region,
10.18provide technical assistance to private prairie
10.19landowners, accelerate management of
10.20public and private prairie lands, evaluate and
10.21monitor prairie conditions and associated
10.22wildlife, and acquire prairie natural areas,
10.23prairie bank easements, and buffers. At
10.24least $475,000 of this appropriation must
10.25be spent on acquisition. A list of proposed
10.26restorations and fee title and easement
10.27acquisitions must be provided as part of
10.28the required work program. All funding
10.29for conservation easements must include a
10.30long-term stewardship plan and funding for
10.31monitoring and enforcing the agreement.
| 10.32 |
(n) Prairie Ecosystem Restoration |
||||||
10.34Board of Water and Soil Resources for an
10.35agreement with the Martin County Soil and
11.1Water Conservation District to collect and
11.2propagate local ecotype native plant materials
11.3from prairie remnants for establishment on
11.4lands with perpetual conservation protection
11.5in Martin County. If the Martin County Soil
11.6and Water Conservation District sells seeds
11.7or plants that were collected or propagated
11.8using money from this appropriation, the net
11.9proceeds of the sale must be repaid to the
11.10trust fund.
| 11.11 |
(o) Best Practices for Native Prairie Management |
||||||
11.13commissioner of natural resources for an
11.14agreement with the Minnesota Recreation and
11.15Park Association to provide information on
11.16best practices for native prairie management
11.17through field demonstrations, regional
11.18workshops, and the Web.
| 11.19 11.20 |
(p) Impacts of Climate Change and CO2 on Prairie and Forest Production |
||||||
11.22of Regents of the University of Minnesota
11.23to accelerate research simulating future
11.24changing CO2, rainfall, and temperature
11.25level impacts on biomass production, carbon
11.26sequestration, and water quality in prairie
11.27and tree species. This appropriation is
11.28available until June 30, 2011, at which time
11.29the project must be completed and final
11.30products delivered, unless an earlier date is
11.31specified in the work program.
| 11.32 11.33 |
(q) Biofuel Production and Wildlife Conservation in Working Prairies |
||||||
11.35of Regents of the University of Minnesota to
12.1research and evaluate methods of managing
12.2diverse working prairies for wildlife and
12.3renewable bioenergy production. On June
12.41, 2008, the $500,000 appropriation for the
12.5Phillips biomass community energy system
12.6under Laws 2006, chapter 243, section 20,
12.7subdivision 3, is transferred and added to
12.8this appropriation. This appropriation is
12.9available until June 30, 2011, at which time
12.10the project must be completed and final
12.11products delivered, unless an earlier date is
12.12specified in the work program.
| 12.13 |
Subd. 4.Water Resources |
86,000 |
3,430,000 |
||||
| 12.14 |
Appropriations by Fund |
||
| 12.15 |
Trust Fund |
-0- |
3,430,000 |
| 12.16 12.17 |
Great Lakes Protection Account |
86,000 |
-0- |
| 12.18 12.19 |
(a) Future of Energy and Minnesota Water Resources |
||||||
12.21of Regents of the University of Minnesota to
12.22spatially model water demand in Minnesota
12.23under differing energy production scenarios
12.24and develop a Web-based tool for comparing
12.25policy scenarios impacts on water resources
12.26in the state.
| 12.27 12.28 |
(b) Accelerating Plans for Integrated Control of the Common Carp |
||||||
12.30of Regents of the University of Minnesota
12.31to accelerate research on new approaches
12.32to control the invasive common carp. This
12.33appropriation is available until June 30, 2011,
12.34at which time the project must be completed
12.35and final products delivered, unless an earlier
12.36date is specified in the work program.
| 13.1 13.2 |
(c) Testing Pesticides and Degradates in Public Drinking Water |
||||||
13.4commissioner of agriculture, in cooperation
13.5with the commissioner of health, to purchase
13.6equipment and supplies to accelerate the
13.7sampling of public water supplies for the
13.8presence and concentration of pesticides and
13.9their degradates for health risk assessments.
| 13.10 13.11 |
(d) Assessment of Riparian Buffers in the Whitewater River Watershed |
||||||
13.13Water and Soil Resources for an agreement
13.14with the Whitewater Joint Powers Board to
13.15inventory streams and adjacent land use and
13.16survey riparian landowners to assist in the
13.17prioritization of restoration efforts to improve
13.18water quality, habitat, and future enforcement
13.19of riparian buffers in the southeast ten-county
13.20region of the Southeast Minnesota Water
13.21Resources Board.
| 13.22 13.23 |
(e) Intralake Zoning to Protect Sensitive Lakeshore Areas |
||||||
13.25commissioner of natural resources for the
13.26second appropriation for a cooperative
13.27effort with Cass County to identify sensitive
13.28shorelines for the highest priority lakes and
13.29develop innovative zoning in Cass County to
13.30protect water quality and near-shore habitat.
13.31This appropriation is available until June
13.3230, 2011, at which time the project must
13.33be completed and final products delivered,
13.34unless an earlier date is specified in the work
13.35program.
| 14.1 |
(f) Native Shoreland Buffer Incentives Program |
||||||
14.3commissioner of natural resources to
14.4accelerate the native shoreland buffer
14.5incentive program through market research,
14.6technical assistance, and competitive grants
14.7to local governments for creating and
14.8implementing shoreland buffer incentive
14.9programs. Grant recipients must have current
14.10shoreline management requirements and
14.11effective enforcement. This appropriation
14.12is available until June 30, 2011, at which
14.13time the project must be completed and final
14.14products delivered, unless an earlier date is
14.15specified in the work program.
| 14.16 14.17 |
(g) Southeast Minnesota Stream Restoration Projects |
||||||
14.19commissioner of natural resources for an
14.20agreement with Trout Unlimited to accelerate
14.21stream bank stabilization projects on at least
14.22six miles of streams through restoration,
14.23providing technical assistance, and
14.24conducting workshops. This appropriation
14.25is available until June 30, 2011, at which
14.26time the project must be completed and final
14.27products delivered, unless an earlier date is
14.28specified in the work program.
| 14.29 14.30 |
(h) South-Central Minnesota Groundwater Monitoring and County Geologic Atlases |
||||||
14.32collection and interpretation of subsurface
14.33geological information and acceleration of
14.34the county geologic atlas program. $706,000
14.35of this appropriation is to the Board of
15.1Regents of the University of Minnesota
15.2for the Geological Survey to begin county
15.3geologic atlases in three counties. $894,000
15.4of this appropriation is to the commissioner
15.5of natural resources to investigate the
15.6physical and recharge characteristics of
15.7the Mt. Simon aquifer. This appropriation
15.8represents a continuing effort to complete
15.9the county geologic atlases throughout the
15.10state. This appropriation is available until
15.11June 30, 2011, at which time the project must
15.12be completed and final products delivered,
15.13unless an earlier date is specified in the work
15.14program.
| 15.15 |
(i) Lake Superior Research |
||||||
15.17account to the Board of Regents of the
15.18University of Minnesota for the Large Lakes
15.19Observatory for research on Lake Superior
15.20waters. This appropriation is added to Laws
15.212006, chapter 243, section 20, subdivision 6,
15.22Lake Superior research. This appropriation
15.23is effective the day following final enactment
15.24and is available until June 30, 2011, at which
15.25time the project must be completed and final
15.26products delivered, unless an earlier date is
15.27specified in the work program.
| 15.28 |
Subd. 5.Natural Resource Information |
-0- |
2,365,000 |
||||
| 15.29 |
Appropriations by Fund |
||
| 15.30 |
Trust Fund |
-0- |
2,365,000 |
| 15.31 15.32 |
(a) Updating the National Wetlands Inventory for Minnesota |
||||||
15.34commissioner of natural resources to begin
15.35updating the National Wetlands Inventory
16.1through standards development, mapping,
16.2training, and imagery acquisition. This is
16.3the first phase of an overall effort to update
16.4the inventory statewide. This appropriation
16.5is available until June 30, 2011, at which
16.6time the project must be completed and final
16.7products delivered, unless an earlier date is
16.8specified in the work program.
| 16.9 |
(b) Soil Survey |
||||||
16.11of Water and Soil Resources for soil survey
16.12mapping and interpretation efforts in areas of
16.13the state, including Crow Wing, Pine, Cook,
16.14Lake, and Isanti Counties, and to accelerate
16.15the delivery of soils data through the Internet
16.16as a Web-based soil survey. The new soil
16.17surveys must be done on a cost-share basis
16.18with local and federal funds.
| 16.19 16.20 |
(c) Updating Precipitation Intensities for Runoff Estimation and Infrastructure Designs |
||||||
16.22commissioner of the Pollution Control
16.23Agency for a cooperative agreement with
16.24the National Oceanic and Atmospheric
16.25Administration to partially fund a multistate
16.26effort to obtain updated climate change
16.27related rainfall frequencies to enhance
16.28engineering of storm water conveyance and
16.29treatment systems and roads. The acquired
16.30data shall be distributed free of charge. This
16.31appropriation is available until June 30, 2011,
16.32at which time the project must be completed
16.33and final products delivered, unless an earlier
16.34date is specified in the work program.
| 16.35 |
(d) Minnesota Breeding Bird Atlas |
||||||
17.2statewide survey of Minnesota breeding bird
17.3distribution and create related publications,
17.4including a book and online atlas with
17.5distribution maps and breeding status.
17.6Of this appropriation, $169,000 is to the
17.7commissioner of natural resources for an
17.8agreement with Audubon Minnesota and
17.9$101,000 is to the Board of Regents of the
17.10University of Minnesota for the Natural
17.11Resources Research Institute. The atlas must
17.12be available for downloading on the Internet
17.13free of charge.
| 17.14 |
(e) Restorable Wetlands Inventory |
||||||
17.16commissioner of natural resources for an
17.17agreement with Ducks Unlimited, Inc.,
17.18to continue the inventory, mapping, and
17.19digitizing of drained restorable wetlands in
17.20the southwest prairie region of Minnesota.
17.21This appropriation is available until June
17.2230, 2011, at which time the project must
17.23be completed and final products delivered,
17.24unless an earlier date is specified in the work
17.25program.
| 17.26 17.27 |
(f) Wildlife Disease Data Surveillance and Analysis |
||||||
17.29of Regents of the University of Minnesota
17.30for the Raptor Center to develop a GIS-based
17.31database that catalogs symptoms and
17.32conditions observed in injured wildlife.
| 17.33 17.34 |
(g) Conservation Easement Stewardship, Oversight, and Maintenance |
||||||
18.2of Water and Soil Resources to enhance
18.3long-term stewardship, oversight, and
18.4maintenance of conservation easements
18.5held by the board and to update the current
18.6easement database. This effort must be
18.7done in cooperation with the Department
18.8of Natural Resources. This appropriation
18.9is available until June 30, 2011, at which
18.10time the project must be completed and final
18.11products delivered, unless an earlier date is
18.12specified in the work program.
| 18.13 18.14 |
(h) Conservation Easement Stewardship and Enforcement Program Plan |
||||||
18.16commissioner of natural resources to
18.17inventory and digitize the department's
18.18conservation easements and prepare a
18.19plan for monitoring, stewardship, and
18.20enforcement. This effort must be done in
18.21cooperation with the Board of Water and Soil
18.22Resources. This appropriation is available
18.23until June 30, 2011, at which time the
18.24project must be completed and final products
18.25delivered, unless an earlier date is specified
18.26in the work program.
| 18.27 |
Subd. 6.Environmental Education |
-0- |
1,099,000 |
||||
| 18.28 |
Appropriations by Fund |
||
| 18.29 |
Trust Fund |
-0- |
1,099,000 |
| 18.30 18.31 |
(a) Waters of Minnesota Documentary on Watersheds |
||||||
18.33Board of Regents of the University of
18.34Minnesota for the Bell Museum of Natural
18.35History to begin the development of an
19.1educational documentary television series on
19.2the waters of Minnesota designed to promote
19.3watershed understanding and citizen action
19.4in protecting, restoring, and conserving water
19.5resources. This appropriation is available
19.6until June 30, 2011, at which time the
19.7project must be completed and final products
19.8delivered, unless an earlier date is specified
19.9in the work program.
| 19.10 19.11 |
(b) Global Warming - Reducing Carbon Footprint of Minnesota Schools |
||||||
19.13commissioner of the Pollution Control
19.14Agency to provide student-focused grants to
19.15high schools, colleges, and universities to
19.16identify their carbon footprints and develop
19.17and implement innovative plans to reduce
19.18carbon emissions. This appropriation is
19.19available until June 30, 2011, at which time
19.20the project must be completed and final
19.21products delivered, unless an earlier date is
19.22specified in the work program.
| 19.23 |
Subd. 7.Emerging Issues Account |
-0- |
155,000 |
||||
19.25emerging issues account as authorized
19.26under Minnesota Statutes, section 116P.08,
19.27subdivision 4, paragraph (d).
| 19.28 |
Subd. 8.Availability of Appropriations |
||||||
19.30this section are available until June 30, 2010,
19.31when projects must be completed and final
19.32products delivered. For acquisition of real
19.33property, the amounts in this section are
19.34available until June 30, 2011, if a binding
19.35contract is entered into by June 30, 2010,
20.1and closed not later than June 30, 2011. The
20.2time period for the amounts available in
20.3this section may be extended by up to one
20.4year through an approved work program. If
20.5a project receives a federal grant, the time
20.6period of the appropriation is extended to
20.7equal the federal grant period.
| 20.8 20.9 |
Subd. 9.Leveraged Funds for Real Property Interest Requirement |
||||||
20.11under this section for acquisition of a real
20.12property interest shall identify nonstate
20.13leveraged funds and a plan for expenditure of
20.14funds to maximize the benefit of the trust fund
20.15allocation. Any work program that proposes
20.16materially less leverage than the proposal
20.17shall be brought to the Legislative-Citizen
20.18Commission on Minnesota Resources for
20.19review and approval or disapproval. The
20.20final report of each project shall identify
20.21all leverage obtained. Leveraged funds
20.22shall be spent concurrently with trust fund
20.23appropriations to the extent possible.
| 20.24 |
Subd. 10.Data Availability Requirements |
||||||
20.26this section that have value for planning and
20.27management of natural resource, emergency
20.28preparedness, and infrastructure investments
20.29must conform to the enterprise information
20.30architecture developed by the Office of
20.31Enterprise Technology. Spatial data must
20.32conform to geographic information system
20.33guidelines and standards outlined in that
20.34architecture and adopted by the Minnesota
20.35Geographic Data Clearinghouse at the
21.1Land Management Information Center. A
21.2description of these data that adheres to the
21.3Office of Enterprise Technology geographic
21.4metadata standards must be submitted to
21.5the Land Management Information Center
21.6to be made available online through the
21.7clearinghouse and the data must be accessible
21.8and free to the public unless made private
21.9under the Data Practices Act, Minnesota
21.10Statutes, chapter 13.
21.11To the extent practicable, summary data and
21.12results of projects funded under this section
21.13should be readily accessible on the Internet
21.14and identified as an environment and natural
21.15resources trust fund project.
| 21.16 |
Subd. 11.Project Requirements |
||||||
21.18in this section, any agency or entity receiving
21.19the appropriation must, for any project
21.20funded in whole or in part with funds from
21.21this appropriation:
21.22(1) comply with Minnesota Statutes, chapter
21.23116P;
21.24(2) plant vegetation only of native ecotypes
21.25to Minnesota and of the local ecotype, to
21.26the extent possible, as defined in Minnesota
21.27Statutes, section 84.02, subdivision 2.
21.28If seeds and plant materials within this
21.29definition are not available, then the seeds
21.30and plant material should be from within
21.31the same ecological subsection as defined
21.32in the Ecological Classification System
21.33developed by the Minnesota Department of
21.34Natural Resources and the United States
21.35Forest Service. Use of any seeds and plant
22.1materials beyond these definitions must be
22.2expressly approved in the work program.
22.3A high diversity of grass and forb species
22.4should be included in any restorations to the
22.5extent possible;
22.6(3) provide that all conservation easements:
22.7(i) are perpetual;
22.8(ii) specify the parties to an easement in the
22.9easement;
22.10(iii) specify all of the provisions of an
22.11agreement that are perpetual;
22.12(iv) are sent to the commission office in an
22.13electronic format; and
22.14(v) include a long-term stewardship plan and
22.15funding for monitoring and enforcing the
22.16easement agreement;
22.17(4) give priority in any acquisition of land
22.18or interest in land to high quality natural
22.19resources or conservation lands that provide
22.20natural buffers to water resources; and
22.21(5) provide documentation to the
22.22Legislative-Citizen Commission on
22.23Minnesota Resources of the selection process
22.24used to identify parcels acquired and provide
22.25documentation of all related transaction
22.26costs, including but not limited to appraisals,
22.27legal fees, recording fees, commissions,
22.28other similar costs, and donations. This
22.29information must be provided for all parties
22.30involved in the transaction. The recipient
22.31shall also report to the Legislative-Citizen
22.32Commission on Minnesota Resources any
22.33difference between the acquisition amount
22.34paid to the seller and the state certified or
23.1state reviewed appraisal. Appropriate data
23.2such as appraisals may remain private during
23.3negotiations but must ultimately be made
23.4public according to Minnesota Statutes,
23.5chapter 13.
| 23.6 23.7 |
Subd. 12.Payment Conditions and Capital Equipment Expenditures |
||||||
23.9to in this section must be administered on
23.10a reimbursement basis unless otherwise
23.11provided in this section. Notwithstanding
23.12Minnesota Statutes, section 16A.41,
23.13expenditures made on or after July 1,
23.142008, or the date the work program is
23.15approved, whichever is later, are eligible for
23.16reimbursement unless otherwise provided
23.17in this section. Periodic payment must
23.18be made upon receiving documentation
23.19that the deliverable items articulated in
23.20the approved work program have been
23.21achieved, including partial achievements
23.22as evidenced by approved progress reports.
23.23Reasonable amounts may be advanced to
23.24projects to accommodate cash flow needs or
23.25match federal money. The advances must
23.26be approved as part of the work program.
23.27No expenditures for capital equipment are
23.28allowed unless expressly authorized in the
23.29project work program.
| 23.30 23.31 |
Subd. 13.Purchase of Recycled and Recyclable Materials |
||||||
23.33corporation, or other entity that receives
23.34an appropriation in this section must use
23.35the appropriation in compliance with
23.36Minnesota Statutes, sections 16B.121 and
24.116B.122, requiring the purchase of recycled,
24.2repairable, and durable materials; the
24.3purchase of uncoated paper stock; and the
24.4use of soy-based ink.
| 24.5 24.6 |
Subd. 14.Energy Conservation and Sustainable Building Guidelines |
||||||
24.8in this section for a capital improvement
24.9project shall ensure that the project complies
24.10with the applicable energy conservation and
24.11sustainable building guidelines and standards
24.12contained in law, including Minnesota
24.13Statutes, sections 16B.325, 216C.19, and
24.14216C.20, and rules adopted thereunder.
24.15The recipient may use the energy planning,
24.16advocacy, and State Energy Office units
24.17of the Department of Commerce to obtain
24.18information and technical assistance on
24.19energy conservation and alternative energy
24.20development relating to the planning and
24.21construction of the capital improvement
24.22project.
| 24.23 |
Subd. 15.Accessibility |
||||||
24.25meet the design standards in the Americans
24.26with Disability Act (ADA) accessibility
24.27guidelines.
| 24.28 |
Subd. 16.Carryforward |
||||||
24.30the following projects are extended to
24.31June 30, 2009: Laws 2005, First Special
24.32Session chapter 1, article 2, section 11,
24.33subdivision 6, paragraph (h), as amended
24.34by Laws 2007, chapter 57, article 1, section
24.354, subdivision 6, Paul Bunyan State Trail
25.1connection; and Laws 2005, First Special
25.2Session chapter 1, article 2, section 11,
25.3subdivision 7, paragraph (j), improving
25.4impaired watersheds conservation drainage
25.5research.
25.6 Sec. 3. Minnesota Statutes 2006, section 116P.10, is amended to read:
25.7116P.10 ROYALTIES, COPYRIGHTS, PATENTS, AND SALE OF
25.8PRODUCTS AND ASSETS.
25.9(a) This section applies to projects supported by the trust fund and the oil overcharge
25.10money referred to in section
25.11section as a "fund."
25.12(b) The fund owns and shall take title to the percentage of a royalty, copyright,
25.13or patent resulting from a project supported by the fund equal to the percentage of the
25.14project's total funding provided by the fund. Cash receipts resulting from a royalty,
25.15copyright, or patent, or the sale of the fund's rights to a royalty, copyright, or patent, must
25.16be credited immediately to the principal of the fund. Receipts from Minnesota future
25.17resources fund projects must be credited to the trust fund.
25.18
25.19recommendation to relinquish the ownership or rights to a royalty, copyright, or patent
25.20resulting from a project supported by the fund to the project's proposer when the amount
25.21of the original grant or loan, plus interest, has been repaid to the fund.
25.22(c) If a project supported by the fund results in net income from the sale of products
25.23or assets developed or acquired by an appropriation from the fund, the appropriation
25.24must be repaid to the fund in an amount equal to the percentage of the project's total
25.25funding provided by the fund. The commission may include in its annual legislative bill a
25.26recommendation to relinquish the income if a plan is approved for reinvestment of the
25.27income in the project or when the amount of the original grant or loan, plus interest, has
25.28been repaid to the fund.