HF 4080

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to appropriations; appropriating money for 
  1.3             environmental and natural resources purposes; imposing 
  1.4             certain conditions; changing certain fees and 
  1.5             accounts; amending Minnesota Statutes 1998, section 
  1.6             115B.17, subdivision 19; Laws 1999, chapter 231, 
  1.7             sections 2, subdivision 2; 5, subdivision 4, as 
  1.8             amended; and 6, as amended. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [APPROPRIATIONS.] 
  1.11     The sums shown in the columns marked "APPROPRIATIONS" are 
  1.12  appropriated from the general fund, or any other fund named, to 
  1.13  the agencies and for the purposes specified in this act, to be 
  1.14  available for the fiscal years indicated for each purpose.  The 
  1.15  figures "2000" and "2001" mean that the appropriation or 
  1.16  appropriations listed under them are available for the fiscal 
  1.17  year ending June 30, 2000, or June 30, 2001, respectively, and 
  1.18  if an earlier appropriation was made for that purpose for that 
  1.19  year, the appropriation in this act is added to it.  
  1.20                                             APPROPRIATIONS 
  1.21                                         Available for the Year 
  1.22                                             Ending June 30 
  1.23                                            2000         2001 
  1.24  Sec. 2.  POLLUTION CONTROL AGENCY        306,000        -0-
  1.25  For WIF construction program 
  1.26  administration.  This appropriation is 
  1.27  available until June 30, 2001. 
  1.28  The agency must allocate $104,000 of 
  1.29  the appropriation in Laws 1999, chapter 
  1.30  231, section 2, for WIF construction 
  1.31  program administration. 
  2.1   Sec. 3.  BOARD OF WATER AND
  2.2   SOIL RESOURCES
  2.3   Subdivision 1.  Wetland     
  2.4   Replacement                               -0-           400,000 
  2.5   Professional and technical services to 
  2.6   replace wetlands under Minnesota 
  2.7   Statutes, section 103G.222, subdivision 
  2.8   1. 
  2.9   Subd. 2.  Agricultural Land 
  2.10  Set-aside                              5,000,000          -0-   
  2.11  $5,000,000 is for the purposes of 
  2.12  sections 13 to 17.  This appropriation 
  2.13  remains available until expended.  
  2.14  Administrative costs may not exceed ten 
  2.15  percent of the appropriation. 
  2.16  Sec. 4.  NATURAL RESOURCES 
  2.17  Subdivision 1.  Mille Lacs  
  2.18  Treaty Litigation                      3,954,463          -0-   
  2.19  $3,954,463 in fiscal year 2000 is for 
  2.20  the settlement of legal costs incurred 
  2.21  by the Mille Lacs Band, St. Croix Band, 
  2.22  Bad River Band, Red Cliff Band, Lac du 
  2.23  Flambeau Band, Sokaogon Chippewa 
  2.24  Community, and the Lac Courte Oreilles 
  2.25  Band related to the 1837 Treaty 
  2.26  litigation. 
  2.27  The interest payment on the settlement 
  2.28  of legal costs contained in this 
  2.29  subdivision is for fiscal year 2000.  
  2.30  The amount of the interest payment 
  2.31  shall be determined by applying an 
  2.32  interest amount of $614.30 for each day 
  2.33  beginning December 10, 1999, through 
  2.34  the day of final enactment of this bill.
  2.35  Subd. 2.  Canada Geese Abatement          -0-            54,000 
  2.36  $54,000 is to purchase emergency damage 
  2.37  abatement materials to prevent Canada 
  2.38  geese from causing crop depredation in 
  2.39  western Minnesota.  This is a one-time 
  2.40  appropriation. 
  2.41  Subd. 3.  Wildfire Response            1,459,000          -0-   
  2.42  $730,000 is from the environmental fund 
  2.43  and $729,000 is from the natural 
  2.44  resources fund in fiscal year 2000 to 
  2.45  the commissioner of natural resources 
  2.46  for grants to Lake, Cook, and St. Louis 
  2.47  counties for emergency communications 
  2.48  equipment, emergency response 
  2.49  equipment, and emergency planning and 
  2.50  training to respond to a major wildfire.
  2.51  Of this amount, $227,000 is for a grant 
  2.52  to Lake county, $430,000 is for a grant 
  2.53  to Cook county, and $802,000 is for a 
  2.54  grant to St. Louis county.  St. Louis 
  2.55  county must use a portion of the grant 
  2.56  to purchase a NOAA warning system that 
  2.57  can be used by all of the counties 
  2.58  receiving grants under this section.  
  2.59  This appropriation is available until 
  3.1   June 30, 2001. 
  3.2   Sec. 5.  OFFICE OF ENVIRONMENTAL 
  3.3   ASSISTANCE 
  3.4   The appropriation in Laws 1999, chapter 
  3.5   231, section 3, is reduced in fiscal 
  3.6   year 2001 by $104,000.  This is a base 
  3.7   reduction.  In reducing spending, the 
  3.8   agency may give priority to the 
  3.9   elimination of positions which are 
  3.10  vacant. 
  3.11  Sec. 6.  MINNESOTA RESOURCES 
  3.12  The availability of the appropriation 
  3.13  for the following project is extended 
  3.14  to June 30, 2002:  Laws 1997, chapter 
  3.15  216, section 15, subdivision 4, 
  3.16  paragraph (c), clause (3), local 
  3.17  initiatives grants program.  $250,000 
  3.18  is to provide matching funds for an 
  3.19  ISTEA grant and to provide acquisition 
  3.20  and engineering costs for a proposed 
  3.21  trail between the city of Pelican 
  3.22  Rapids and Maplewood state park. 
  3.23  The availability of the appropriation 
  3.24  for the following project is extended 
  3.25  to June 30, 2001:  Laws 1997, chapter 
  3.26  216, section 15, subdivision 4, 
  3.27  paragraph (b), metropolitan regional 
  3.28  park system, for the portion related to 
  3.29  Hyland-Bush-Anderson Lake Park Reserve 
  3.30  development. 
  3.31     Sec. 7.  [NATURAL RESOURCES APPROPRIATIONS; OPERATIONS 
  3.32  SUPPORT.] 
  3.33     Subdivision 1.  [OPERATIONS SUPPORT.] (a) $1,565,000 is 
  3.34  appropriated in fiscal year 2001 from the general fund to the 
  3.35  commissioner of natural resources for operations support.  The 
  3.36  amount supplants funding from the game and fish fund under 
  3.37  paragraph (b) for the commissioner's office, human resources, 
  3.38  and office of management and budget services operations support. 
  3.39     (b) The appropriation for fiscal year 2001 from the game 
  3.40  and fish fund in Laws 1999, chapter 231, section 5, subdivision 
  3.41  9, is reduced by $1,565,000. 
  3.42     Subd. 2.  [ACCELERATED WALLEYE STOCKING.] (a) $500,000 is 
  3.43  appropriated in fiscal year 2001 from the general fund to the 
  3.44  commissioner of natural resources for an accelerated walleye 
  3.45  stocking program. 
  3.46     (b) $5,665,000 is appropriated in fiscal year 2001 from the 
  3.47  game and fish fund to the commissioner of natural resources for 
  3.48  fish and wildlife management.  The appropriation includes the 
  4.1   $1,565,000 reduced from the operations support budget under 
  4.2   subdivision 1, paragraph (b).  The money is available due to the 
  4.3   general fund appropriation under subdivision 1, paragraph (a), 
  4.4   which reduces the obligation of the game and fish fund to 
  4.5   operations support. 
  4.6      Sec. 8.  Minnesota Statutes 1998, section 115B.17, 
  4.7   subdivision 19, is amended to read: 
  4.8      Subd. 19.  [REIMBURSEMENT UNDER CERTAIN SETTLEMENTS.] (a) 
  4.9   When the agency determines that some but not all persons 
  4.10  responsible for a release are willing to implement response 
  4.11  actions, the agency may agree, pursuant to a settlement of its 
  4.12  claims under sections 115B.01 to 115B.18, to reimburse the 
  4.13  settling parties for response costs incurred to take the 
  4.14  actions.  The agency may agree to reimburse any amount which 
  4.15  does not exceed the amount that the agency estimates may be 
  4.16  attributable to the liability of responsible persons who are not 
  4.17  parties to the settlement.  Reimbursement may be provided only 
  4.18  for the cost of conducting remedial design and constructing 
  4.19  remedial action pursuant to the terms of the settlement.  
  4.20  Reimbursement under this subdivision shall be paid only upon the 
  4.21  agency's determination that the remedial action approved by the 
  4.22  agency has been completed in accordance with the terms of the 
  4.23  settlement.  The agency may use money appropriated to it for 
  4.24  actions authorized under section 115B.20, subdivision 2, clause 
  4.25  (2), to pay reimbursement under this subdivision. 
  4.26     (b) The agency may agree to provide reimbursement under a 
  4.27  settlement only when all of the following requirements have been 
  4.28  met: 
  4.29     (1) the agency has made the determination under paragraph 
  4.30  (c) regarding persons who are not participating in the 
  4.31  settlement, and has provided written notice to persons 
  4.32  identified under paragraph (c), clauses (1) and (2), of their 
  4.33  opportunity to participate in the settlement or in a separate 
  4.34  settlement under subdivision 20; 
  4.35     (2) the release addressed in the settlement has been 
  4.36  assigned a priority pursuant to agency rules adopted under 
  5.1   subdivision 13, and the priority is at least as high as a 
  5.2   release for which the agency would be allowed to allocate funds 
  5.3   for remedial action under the rules; 
  5.4      (3) an investigation of the release addressed in the 
  5.5   settlement has been completed in accordance with a plan approved 
  5.6   by the agency; and 
  5.7      (4) the agency has approved the remedial action to be 
  5.8   implemented under the settlement. 
  5.9      (c) Before entering into a settlement providing for 
  5.10  reimbursement under this subdivision, the agency shall determine 
  5.11  that there are one or more persons who meet any of the following 
  5.12  criteria who are not participating in the settlement: 
  5.13     (1) persons identified by the agency as responsible for the 
  5.14  release addressed in the settlement but who are likely to have 
  5.15  only minimal involvement in actions leading to the release, or 
  5.16  are insolvent or financially unable to pay any significant share 
  5.17  of response action costs; 
  5.18     (2) persons identified by the agency as responsible for the 
  5.19  release other than persons described in clause (1) and who are 
  5.20  unwilling to participate in the settlement or to take response 
  5.21  actions with respect to the release; 
  5.22     (3) persons whom the agency has reason to believe are 
  5.23  responsible for the release addressed in the settlement but whom 
  5.24  the agency has been unable to identify; or 
  5.25     (4) persons identified to the agency by a party to the 
  5.26  proposed settlement as persons who are potentially responsible 
  5.27  for the release but for whom the agency has insufficient 
  5.28  information to determine responsibility. 
  5.29     (d) Except as otherwise provided in this subdivision, a 
  5.30  decision of the agency under this subdivision to offer or agree 
  5.31  to provide reimbursement in any settlement, or to determine the 
  5.32  amount of reimbursement it will provide under a settlement, is a 
  5.33  matter of agency discretion in the exercise of its enforcement 
  5.34  authority.  In exercising discretion in this matter, the agency 
  5.35  may consider, among other factors, the degree of cooperation 
  5.36  with the agency that has been shown prior to the settlement by 
  6.1   the parties seeking reimbursement. 
  6.2      (e) The agency may require as a term of settlement under 
  6.3   this subdivision that the parties receiving reimbursement from 
  6.4   the agency waive any rights they may have to bring a claim for 
  6.5   contribution against persons who are not parties to the 
  6.6   settlement. 
  6.7      (f) Notwithstanding any provisions to the contrary in 
  6.8   paragraphs (a) to (e), until June 30, 2001, the agency may use 
  6.9   the authority under this subdivision to enter into agreements 
  6.10  for the implementation of a portion of an approved response 
  6.11  action plan and to provide funds in the form of a grant for the 
  6.12  purpose of implementing the agreement.  The amount paid for 
  6.13  implementing a portion of an approved response action plan may 
  6.14  not exceed the proportion of the costs of the response action 
  6.15  plan which are attributable to the liability of responsible 
  6.16  persons who are not parties to the agreement. 
  6.17     (g) A decision of the agency under paragraph (f) to offer 
  6.18  or agree to provide funds in any agreement or to determine the 
  6.19  specific remedial actions included in any agreement to implement 
  6.20  an approved action plan or the amount of funds the agency will 
  6.21  provide under an agreement is a matter of agency discretion in 
  6.22  the exercise of its enforcement authority. 
  6.23     Sec. 9.  Laws 1999, chapter 231, section 2, subdivision 2, 
  6.24  is amended to read: 
  6.25  Subd. 2.  Protection of the Water 
  6.26      15,984,000     16,008,000
  6.27                Summary by Fund
  6.28  General              13,074,000    13,283,000 12,983,000
  6.29  State Government
  6.30  Special Revenue          44,000        45,000
  6.31  Environmental         2,616,000     2,680,000  2,980,000
  6.32  Petroleum tank          250,000        -0-
  6.33  $2,348,000 the first year and 
  6.34  $2,348,000 the second year are for 
  6.35  grants to local units of government for 
  6.36  the clean water partnership program.  
  6.37  The amount of this appropriation above 
  6.38  the base is for Phase II implementation 
  6.39  projects.  Any unencumbered balance 
  6.40  remaining in the first year does not 
  7.1   cancel and is available for the second 
  7.2   year of the biennium. 
  7.3   $1,470,000 the first year and 
  7.4   $1,841,000 the second year are for 
  7.5   grants for county administration of the 
  7.6   feedlot permit program.  These amounts 
  7.7   are transferred to the board of water 
  7.8   and soil resources for disbursement in 
  7.9   accordance with Minnesota Statutes, 
  7.10  section 103B.3369, in cooperation with 
  7.11  the pollution control agency.  Grants 
  7.12  must be matched with a combination of 
  7.13  local cash and/or in-kind 
  7.14  contributions.  Counties receiving 
  7.15  these grants shall submit an annual 
  7.16  report to the pollution control agency 
  7.17  regarding activities conducted under 
  7.18  the grant, expenditures made, and local 
  7.19  match contributions.  First priority 
  7.20  for funding shall be given to counties 
  7.21  that have requested and received 
  7.22  delegation from the pollution control 
  7.23  agency for processing of animal feedlot 
  7.24  permit applications under Minnesota 
  7.25  Statutes, section 116.07, subdivision 
  7.26  7.  Delegated counties shall be 
  7.27  eligible to receive a grant of either:  
  7.28  $50 multiplied by the number of 
  7.29  livestock or poultry farms with sales 
  7.30  greater than $10,000, as reported in 
  7.31  the 1997 Census of Agriculture, 
  7.32  published by the United States Bureau 
  7.33  of Census; or $80 multiplied by the 
  7.34  number of feedlots with greater than 
  7.35  ten animal units as determined by a 
  7.36  level 2 or level 3 feedlot inventory 
  7.37  conducted in accordance with the 
  7.38  Feedlot Inventory Guidebook published 
  7.39  by the board of water and soil 
  7.40  resources, dated June 1991.  To receive 
  7.41  the additional funding that is based on 
  7.42  the county feedlot inventory, the 
  7.43  county shall submit a copy of the 
  7.44  inventory to the pollution control 
  7.45  agency.  Any remaining money is for 
  7.46  distribution to all counties on a 
  7.47  competitive basis through the challenge 
  7.48  grant process for the conducting of 
  7.49  feedlot inventories, development of 
  7.50  delegated county feedlot programs, and 
  7.51  for information and education or 
  7.52  technical assistance efforts to reduce 
  7.53  feedlot-related pollution hazards.  Any 
  7.54  money remaining after the first year is 
  7.55  available for the second year. 
  7.56  $94,000 the first year and $97,000 the 
  7.57  second year are for compliance 
  7.58  activities and air quality monitoring 
  7.59  to address hydrogen sulfide emissions 
  7.60  from animal feedlots.  The air quality 
  7.61  monitoring must include the use of 
  7.62  portable survey instruments. 
  7.63  $1,043,000 the first year and 
  7.64  $1,048,000 the second year are for 
  7.65  water monitoring activities.  
  7.66  $320,000 the first year and $322,000 
  7.67  the second year are for community 
  8.1   technical assistance and education, 
  8.2   including grants and technical 
  8.3   assistance to communities for local and 
  8.4   basin-wide water quality protection. 
  8.5   $201,000 the first year and $202,000 
  8.6   the second year are for individual 
  8.7   sewage treatment system (ISTS) 
  8.8   administration. Of this amount, $86,000 
  8.9   in each year is transferred to the 
  8.10  board of water and soil resources for 
  8.11  assistance to local units of government 
  8.12  through competitive grant programs for 
  8.13  ISTS program development. 
  8.14  $200,000 in each year is for individual 
  8.15  sewage treatment system grants.  Any 
  8.16  unexpended balance in the first year 
  8.17  does not cancel, but is available in 
  8.18  the second year. 
  8.19  $250,000 the first year and $500,000 
  8.20  the second year are for studies to 
  8.21  determine total maximum daily load 
  8.22  allocations to improve water quality.  
  8.23  $300,000 each the first year is from 
  8.24  the general fund and $300,000 the 
  8.25  second year from the environmental fund 
  8.26  are for continuing research on 
  8.27  malformed frogs.  This is a one-time 
  8.28  appropriation.  
  8.29  $126,000 is for administration of the 
  8.30  wastewater infrastructure fund (WIF) 
  8.31  construction program.  This is a 
  8.32  one-time appropriation.  
  8.33  $250,000 the first year, 
  8.34  notwithstanding Minnesota Statutes, 
  8.35  section 115C.08, subdivision 4, is from 
  8.36  the petroleum tank release fund for the 
  8.37  following purposes:  (1) to purchase 
  8.38  and distribute emergency spill response 
  8.39  equipment, such as spill containment 
  8.40  booms, sorbent pads, and installation 
  8.41  tools, along the Mississippi river 
  8.42  upstream of drinking water intakes at 
  8.43  the locations designated by the agency 
  8.44  in consultation with the Mississippi 
  8.45  River Defense Network; (2) to purchase 
  8.46  mobile trailers to contain the 
  8.47  equipment in clause (1) so that rapid 
  8.48  deployment can occur; and (3) to 
  8.49  conduct spill response training for 
  8.50  those groups of responders receiving 
  8.51  the spill response equipment described 
  8.52  in clause (1).  The agency shall 
  8.53  develop and administer protocol for the 
  8.54  use of the equipment among all 
  8.55  potential users, including private 
  8.56  contract firms, public response 
  8.57  agencies, and units of government.  Any 
  8.58  money remaining after the first year is 
  8.59  available for the second year.  This is 
  8.60  a one-time appropriation. 
  8.61  $100,000 for the biennium is for a 
  8.62  grant to the city of Garrison for the 
  8.63  Garrison, Kathio, West Mille Lacs Lake 
  8.64  Sanitary District for the cost of 
  9.1   environmental studies, planning, and 
  9.2   legal assistance for sewage treatment 
  9.3   purposes.  This is a one-time 
  9.4   appropriation. 
  9.5   Until July 1, 2001, the agency shall 
  9.6   not approve additional fees on animal 
  9.7   feedlot operations. 
  9.8      Sec. 10.  Laws 1999, chapter 231, section 5, subdivision 4, 
  9.9   as amended by Laws 1999, chapter 249, section 9, is amended to 
  9.10  read: 
  9.11  Subd. 4.  Forest Management 
  9.12      34,670,000     35,175,000 34,675,000
  9.13                Summary by Fund
  9.14  General              34,207,000    34,701,000 34,201,000
  9.15  Natural Resources       463,000       474,000
  9.16  $3,599,000 the first year and 
  9.17  $3,688,000 the second year are for 
  9.18  presuppression and suppression costs of 
  9.19  emergency fire fighting.  If the 
  9.20  appropriation for either year is 
  9.21  insufficient to cover all costs of 
  9.22  suppression, the amount necessary to 
  9.23  pay for emergency firefighting expenses 
  9.24  during the biennium is appropriated 
  9.25  from the general fund.  If money is 
  9.26  spent under the appropriation in the 
  9.27  preceding sentence, the commissioner of 
  9.28  natural resources shall, by 15 days 
  9.29  after the end of the following quarter, 
  9.30  report on how the money was spent to 
  9.31  the chairs of the house of 
  9.32  representatives ways and means 
  9.33  committee, the environment and 
  9.34  agriculture budget division of the 
  9.35  senate environment and natural 
  9.36  resources committee, and the house of 
  9.37  representatives environment and natural 
  9.38  resources finance committee.  The 
  9.39  appropriations may not be transferred.  
  9.40  $722,000 the first year and $724,000 
  9.41  the second year are for programs and 
  9.42  practices on state, county, and private 
  9.43  lands to regenerate and protect 
  9.44  Minnesota's white pine.  Up to $280,000 
  9.45  of the appropriation in each year may 
  9.46  be used by the commissioner to provide 
  9.47  50 percent matching funds to implement 
  9.48  cultural practices for white pine 
  9.49  management on nonindustrial, private 
  9.50  forest lands at rates specified in the 
  9.51  Minnesota stewardship incentives 
  9.52  program manual.  Up to $150,000 of the 
  9.53  appropriation in each year may be used 
  9.54  by the commissioner to provide funds to 
  9.55  implement cultural practices for white 
  9.56  pine management on county-administered 
  9.57  lands through grant agreements with 
  9.58  individual counties, with priorities 
  9.59  for areas that experienced wind damage 
  9.60  in July 1995.  $40,000 each year is for 
 10.1   a study of the natural regeneration 
 10.2   process of white pine.  The remainder 
 10.3   of the funds in each fiscal year will 
 10.4   be available to the commissioner for 
 10.5   white pine regeneration and protection 
 10.6   on department-administered lands. 
 10.7   $150,000 the first year and $150,000 
 10.8   the second year are for a grant to the 
 10.9   University of Minnesota's College of 
 10.10  Natural Resources for research to 
 10.11  reduce the impact of blister rust on 
 10.12  Minnesota's white pine. 
 10.13  The commissioner may contract with and 
 10.14  make grants to nonprofit agencies to 
 10.15  carry out the purposes, plans, and 
 10.16  programs of the office of youth 
 10.17  programs, Minnesota conservation corps. 
 10.18  $61,000 the first year and $62,000 the 
 10.19  second year are for the focus on 
 10.20  community forests program, to provide 
 10.21  communities with natural resources 
 10.22  technical assistance. 
 10.23  $225,000 the first year is for grants 
 10.24  to local community forest ecosystem 
 10.25  health programs.  This appropriation is 
 10.26  available until June 30, 2001.  The 
 10.27  commissioner of natural resources shall 
 10.28  allocate individual grants of up to 
 10.29  $25,000 to local communities that match 
 10.30  the grants with nonstate money to 
 10.31  undertake projects that improve the 
 10.32  health of forest ecosystems, including 
 10.33  insect and disease suppression 
 10.34  programs, community-based forest health 
 10.35  education programs, and other 
 10.36  arboricultural treatments. 
 10.37  $100,000 the first year and $100,000 
 10.38  the second year are an increase in the 
 10.39  base appropriation for the Minnesota 
 10.40  conservation corps program activities.  
 10.41  $500,000 each the first year is for the 
 10.42  activities of the forest resources 
 10.43  council.  This is a one-time 
 10.44  appropriation. 
 10.45     Sec. 11.  Laws 1999, chapter 231, section 6, as amended by 
 10.46  Laws 1999, chapter 249, section 10, is amended to read: 
 10.47  Sec. 6.  BOARD OF WATER AND 
 10.48  SOIL RESOURCES                        18,896,000     18,228,000
 10.49  $5,480,000 the first year and 
 10.50  $5,480,000 the second year are for 
 10.51  natural resources block grants to local 
 10.52  governments.  Of this amount, $50,000 
 10.53  each year is for a grant to the North 
 10.54  Shore Management Board, $35,000 each 
 10.55  year is for a grant to the St. Louis 
 10.56  River Board, $100,000 each year is for 
 10.57  a grant to the Minnesota River Basin 
 10.58  Joint Powers Board, and $27,000 each 
 10.59  year is for a grant to the Southeast 
 10.60  Minnesota Resources Board. 
 11.1   The board shall reduce the amount of 
 11.2   the natural resource block grant to a 
 11.3   county by an amount equal to any 
 11.4   reduction in the county's general 
 11.5   services allocation to a soil and water 
 11.6   conservation district from the county's 
 11.7   1998 allocation. 
 11.8   Grants must be matched with a 
 11.9   combination of local cash or in-kind 
 11.10  contributions.  The base grant portion 
 11.11  related to water planning must be 
 11.12  matched by an amount that would be 
 11.13  raised by a levy under Minnesota 
 11.14  Statutes, section 103B.3369.  
 11.15  $3,867,000 the first year and 
 11.16  $3,867,000 the second year are for 
 11.17  grants to soil and water conservation 
 11.18  districts for general purposes, 
 11.19  nonpoint engineering, and for 
 11.20  implementation of the RIM conservation 
 11.21  reserve program.  Upon approval of the 
 11.22  board, expenditures may be made from 
 11.23  these appropriations for supplies and 
 11.24  services benefiting soil and water 
 11.25  conservation districts. 
 11.26  $4,120,000 the first year and 
 11.27  $4,120,000 the second year are for 
 11.28  grants to soil and water conservation 
 11.29  districts for cost-sharing contracts 
 11.30  for erosion control and water quality 
 11.31  management.  Of this amount, $32,000 
 11.32  the first year is and $90,000 the 
 11.33  second year are for a grant to the Blue 
 11.34  Earth county soil and water 
 11.35  conservation districts for stream bank 
 11.36  stabilization on the LeSueur river 
 11.37  within the city limits of St. Clair; 
 11.38  and at least $1,500,000 the first year 
 11.39  and $1,500,000 the second year are for 
 11.40  grants for cost-sharing contracts for 
 11.41  water quality management on feedlots.  
 11.42  Priority must be given to feedlot 
 11.43  operators who have received notices of 
 11.44  violation and for feedlots in counties 
 11.45  that are conducting or have completed a 
 11.46  level 2 or level 3 feedlot inventory.  
 11.47  This appropriation is available until 
 11.48  expended.  If the appropriation in 
 11.49  either year is insufficient, the 
 11.50  appropriation in the other year is 
 11.51  available for it. 
 11.52  $100,000 the first year and $100,000 
 11.53  the second year are for a grant to the 
 11.54  Red river basin board to develop a Red 
 11.55  river basin water management plan and 
 11.56  to coordinate water management 
 11.57  activities in the states and provinces 
 11.58  bordering the Red river.  This 
 11.59  appropriation is only available to the 
 11.60  extent it is matched by a proportionate 
 11.61  amount in United States currency from 
 11.62  the states of North Dakota and South 
 11.63  Dakota and the province of Manitoba.  
 11.64  The unencumbered balance in the first 
 11.65  year does not cancel but is available 
 11.66  for the second year.  This is a 
 11.67  one-time appropriation. 
 12.1   $189,000 the first year and $189,000 
 12.2   the second year are for grants to 
 12.3   watershed districts and other local 
 12.4   units of government in the southern 
 12.5   Minnesota river basin study area 2 for 
 12.6   floodplain management.  If the 
 12.7   appropriation in either year is 
 12.8   insufficient, the appropriation in the 
 12.9   other year is available for it. 
 12.10  $1,203,000 the first year and $450,000 
 12.11  the second year are for the 
 12.12  administrative costs of easement and 
 12.13  grant programs. 
 12.14  Any unencumbered balance in the board's 
 12.15  program of grants does not cancel at 
 12.16  the end of the first year and is 
 12.17  available for the second year for the 
 12.18  same grant program.  If the 
 12.19  appropriation in either year is 
 12.20  insufficient, the appropriation for the 
 12.21  other year is available for it. 
 12.22     Sec. 12.  [SNOWMOBILE TRAILS AND ENFORCEMENT ACCOUNT; 
 12.23  AUTHORIZATION.] 
 12.24     The commissioner of natural resources may use up to 50 
 12.25  percent of a snowmobile maintenance and grooming grant under 
 12.26  Minnesota Statutes, section 84.83, that was available as of 
 12.27  December 31, 1999, to reimburse the intended recipient for the 
 12.28  actual cost of snowmobile trail grooming equipment to be used 
 12.29  for grant-in-aid trails.  The costs must be incurred in fiscal 
 12.30  year 2000 and recipients seeking reimbursement under this 
 12.31  section must provide acceptable documentation of the costs to 
 12.32  the commissioner.  All applications for reimbursement under this 
 12.33  section must be received no later than September 1, 2000. 
 12.34     Sec. 13.  [PURPOSE.] 
 12.35     The legislature finds that the frequency of disaster 
 12.36  declarations covering agricultural areas of the state has 
 12.37  increased.  In successive years, crop disease has resulted in 
 12.38  economic hardship and abnormal precipitation has prevented 
 12.39  planting or harvesting.  Because of these crop production 
 12.40  problems, the legislature finds that there is a need to 
 12.41  establish an agricultural land set-aside program to provide 
 12.42  short term economic assistance to landowners. 
 12.43     Sec. 14.  [DEFINITIONS.] 
 12.44     Subdivision 1.  [APPLICABILITY.] For the purposes of 
 12.45  sections 14 to 17, the terms in this section have the meanings 
 13.1   given. 
 13.2      Subd. 2.  [AGRICULTURAL LAND.] "Agricultural land" means 
 13.3   land that is: 
 13.4      (1) composed of class I, II, or III land as identified in 
 13.5   the land capability classification system of the United States 
 13.6   Department of Agriculture; or 
 13.7      (2) similar to land described under a land classification 
 13.8   system selected by the board of water and soil resources. 
 13.9      Subd. 3.  [BOARD.] "Board" means the board of water and 
 13.10  soil resources. 
 13.11     Subd. 4.  [SHORT ROTATION WOODY CROPS.] "Short rotation 
 13.12  woody crops" means hybrid poplar and other woody plants that are 
 13.13  harvested for their fiber within 15 years of planting. 
 13.14     Subd. 5.  [WINDBREAK.] "Windbreak" means a strip or belt of 
 13.15  trees, shrubs, or grass barriers designed and located to reduce 
 13.16  snow deposition on highways, improve wildlife habitat or control 
 13.17  soil erosion. 
 13.18     Sec. 15.  [ELIGIBILITY TERMS.] 
 13.19     (a) Agricultural land eligible for the board's program 
 13.20  under section 16 must not exceed 160 acres for individual 
 13.21  landowners. 
 13.22     (b) Agricultural land eligible for payment in a fiscal year 
 13.23  prior to 2002 must have been in a county under presidential 
 13.24  disaster declaration in either 1998 or 1999.  In fiscal years 
 13.25  2000 and thereafter, payment is available for eligible 
 13.26  agricultural land in any county under a presidential disaster 
 13.27  declaration related to agriculture.  
 13.28     (c) Eligible land may be set aside for payment under 
 13.29  section 16 for a period of three years. 
 13.30     (d) At least five percent of an individual's acreage set 
 13.31  aside for payments under this program must be planted with short 
 13.32  rotation woody crops or windbreaks.  Short rotation woody crops 
 13.33  and windbreaks may not be planted within one-quarter of a mile 
 13.34  of a state or federally protected prairie.  Plantings on each 
 13.35  acre may be consistent with an organic farming plan developed 
 13.36  under the supervision of an approved organic certification 
 14.1   organization and must be in compliance with a conservation plan 
 14.2   approved by the local soil and water conservation district and 
 14.3   seeded to a vegetative cover at the earliest practicable time. 
 14.4      (e) Land enrolled in the federal conservation reserve 
 14.5   program under Public Law Number 99-198, as amended, is not 
 14.6   eligible for enrollment under sections 13 to 17. 
 14.7      Sec. 16.  [PAYMENTS.] 
 14.8      To the extent appropriated money is available for this 
 14.9   purpose, annual payments for eligible land under section 15 that 
 14.10  is set aside by the board must be based on the soil rental rates 
 14.11  established under the federal conservation reserve program 
 14.12  contained in Public Law Number 99-198.  An additional annual 
 14.13  payment of $5 per acre may be paid for acreage maintenance. 
 14.14     Sec. 17.  [ADMINISTRATION.] 
 14.15     The land payment program in sections 15 and 16 must be 
 14.16  administered by soil and water conservation districts under 
 14.17  guidelines and grants by the board. 
 14.18     Sec. 18.  [EFFECTIVE DATE.] 
 14.19     Sections 2; 3, subdivision 2; 4, subdivisions 1 and 3; 8; 
 14.20  and 12 to 17, are effective on the day following final enactment.