SF 56

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 09/11/2013 03:00pm

A bill for an act
relating to natural resources; appropriating money from the outdoor heritage fund.

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

Section 1. new text begin OUTDOOR HERITAGE APPROPRIATION. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this act. The appropriations are from the outdoor
heritage fund for the fiscal year indicated for each purpose. The figures "2014" and "2015"
used in this act mean that the appropriations listed under the figure are available for the
fiscal year ending June 30, 2014, and June 30, 2015, respectively. "The first year" is fiscal
year 2014. "The second year" is fiscal year 2015. The "biennium" is fiscal years 2014 and
2015. The appropriations in this act are onetime.
new text end

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

Sec. 2. new text begin OUTDOOR HERITAGE FUND new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 95,618,000 new text end

new text begin $ new text end

new text begin -0- new text end

new text begin This appropriation is from the outdoor
heritage fund. The amounts that may be
spent for each purpose are specified in the
following subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Prairies new text end

new text begin 27,730,000 new text end

new text begin -0- new text end

new text begin (a) Grasslands for the Future new text end

new text begin $2,000,000 in the first year is to the Board of
Water and Soil Resources for a pilot project
to acquire permanent conservation easements
on grasslands in cooperation with the
Minnesota Land Trust and the Conservation
Fund. Up to $1,850,000 may be used
for agreements with the Minnesota Land
Trust to acquire permanent conservation
easements and up to $75,000 may be used
for establishing monitoring and enforcement
funds with the Minnesota Land Trust and
the Board of Water and Soil Resources,
as approved in the accomplishment plan
and subject to Minnesota Statutes, section
97A.056, subdivision 17. Up to $75,000
may be used for an agreement with the
Conservation Fund for professional services.
Easements funded under this appropriation
are not subject to emergency haying and
grazing orders. Any net proceeds accruing to
a project partner from real estate transactions
related to this project must be used for the
purposes outlined in this appropriation. A
list of permanent conservation easements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (b) Accelerating Wildlife Management Area Program - Phase V new text end

new text begin $7,960,000 in the first year is to the
commissioner of natural resources for an
agreement with Pheasants Forever to acquire
land in fee for wildlife management purposes
under Minnesota Statutes, section 86A.05,
subdivision 8. A list of proposed land
acquisitions must be provided as part of the
required accomplishment plan.
new text end

new text begin (c) DNR Wildlife Management Area, Scientific and Natural Area, and Native Prairie Bank Easement - Phase V new text end

new text begin $4,940,000 in the first year is to the
commissioner of natural resources to
acquire land in fee for wildlife management
purposes under Minnesota Statutes, section
86A.05, subdivision 8; acquire land in fee
for scientific and natural area purposes
under Minnesota Statutes, section 86A.05,
subdivision 5; and acquire native prairie
bank easements under Minnesota Statutes,
section 84.96. Up to $42,000 is for
establishing a monitoring and enforcement
fund, as approved in the accomplishment
plan and subject to Minnesota Statutes,
section 97A.056, subdivision 17, for native
prairie bank easements. A list of proposed
land and permanent conservation easement
acquisitions must be provided as part of the
required accomplishment plan.
new text end

new text begin (d) Minnesota Prairie Recovery Project - Phase IV new text end

new text begin $5,310,000 in the first year is to the
commissioner of natural resources for an
agreement with The Nature Conservancy
to acquire native prairie, wetland, and
savanna and restore and enhance grasslands,
wetlands, and savanna. A list of proposed
land acquisitions must be provided as part of
the required accomplishment plan. Annual
income statements and balance sheets for
income and expenses from land acquired
with this appropriation must be submitted to
the Lessard-Sams Outdoor Heritage Council
no later than 180 days following the close of
The Nature Conservancy's fiscal year.
new text end

new text begin (e) Minnesota Buffers for Wildlife and Water - Phase III new text end

new text begin $3,520,000 in the first year is to the Board
of Water and Soil Resources to acquire
permanent conservation easements to protect
and enhance habitat by expanding clean
water fund riparian wildlife buffers on private
land. Up to $120,000 is for establishing
a monitoring and enforcement fund, as
approved in the accomplishment plan and
subject to Minnesota Statutes, section
97A.056, subdivision 17. Easements funded
under this appropriation are not subject to
emergency haying and grazing orders. A list
of permanent conservation easements must
be provided as part of the final report.
new text end

new text begin (f) Cannon River Headwaters Habitat Complex - Phase III new text end

new text begin $1,780,000 in the first year is to the
commissioner of natural resources for an
agreement with Trust for Public Land to
acquire and restore lands in the Cannon River
watershed for wildlife management purposes
under Minnesota Statutes, section 86A.05,
subdivision 8, or aquatic management area
purposes under Minnesota Statutes, sections
86A.05, subdivision 14, and 97C.02. A list of
proposed land acquisitions must be provided
as part of the required accomplishment plan.
new text end

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

new text begin $2,220,000 in the first year is to the
commissioner of natural resources to
accelerate the restoration and enhancement
of wildlife management areas, scientific
and natural areas, and land under native
prairie bank easements. A list of proposed
land restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin Subd. 3. new text end new text begin Forests new text end

new text begin 7,130,000 new text end

new text begin -0- new text end

new text begin (a) Young Forest Conservation new text end

new text begin $1,180,000 in the first year is to the
commissioner of natural resources for
an agreement with the American Bird
Conservancy to acquire lands in fee to be
added to the wildlife management area system
under Minnesota Statutes, section 86A.05,
subdivision 8, and to restore and enhance
habitat on publicly protected land. A list of
proposed land acquisitions must be provided
as part of the required accomplishment plan.
new text end

new text begin (b) Camp Ripley Partnership - Phase III new text end

new text begin $1,150,000 in the first year is to the Board of
Water and Soil Resources and $300,000 in
the first year is to the Department of Natural
Resources to acquire land in fee to be added
to the wildlife management area system
under Minnesota Statutes, section 86A.05,
subdivision 8, and to acquire permanent
conservation easements on lands adjacent
to the Mississippi and Crow Wing Rivers
and within the boundaries of the Minnesota
National Guard Army Compatible Use
Buffer. Of the amount appropriated to the
Board of Water and Soil Resources, $49,900
is for a grant to the Morrison County Soil
and Water Conservation District and up to
$33,600 is for establishing a monitoring
and enforcement fund, as approved in
the accomplishment plan and subject to
Minnesota Statutes, section 97A.056,
subdivision 17. A list of proposed land
acquisitions and permanent conservation
easements must be provided as part of the
required accomplishment plan.
new text end

new text begin (c) Northeastern Minnesota Sharp-Tailed Grouse Habitat Program - Phase IV new text end

new text begin $1,180,000 in the first year is to the
commissioner of natural resources for
an agreement with Pheasants Forever in
cooperation with the Minnesota Sharp-Tailed
Grouse Society to acquire and enhance
lands in Aitkin, Carlton, and Kanabec
Counties for wildlife management purposes
under Minnesota Statutes, section 86A.05,
subdivision 8. A list of proposed land
acquisitions must be provided as part of the
required accomplishment plan.
new text end

new text begin (d) Protect Key Forest Habitat Lands in Cass County - Phase IV new text end

new text begin $500,000 in the first year is to the
commissioner of natural resources for an
agreement with Cass County to acquire land
in fee in Cass County for forest wildlife
habitat or to prevent forest fragmentation.
A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (e) Critical Shoreline Habitat Protection Program - Phase II new text end

new text begin $820,000 in the first year is to the
commissioner of natural resources for
an agreement with the Minnesota Land
Trust to acquire permanent conservation
easements along rivers and lakes in the
northern forest region. Up to $160,000 is for
establishing a monitoring and enforcement
fund, as approved in the accomplishment
plan and subject to Minnesota Statutes,
section 97A.056, subdivision 17. A list of
proposed permanent conservation easements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (f) Minnesota Moose Habitat Collaborative - Phase II new text end

new text begin $2,000,000 in the first year is to the
commissioner of natural resources for an
agreement with the Minnesota Deer Hunters
Association to restore and enhance public
forest lands in the northern forest region
for moose habitat purposes. A list of
proposed land restoration and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin Subd. 4. new text end new text begin Wetlands new text end

new text begin 35,550,000 new text end

new text begin -0- new text end

new text begin (a) Reinvest in Minnesota Wetlands Reserve Program Partnership - Phase V new text end

new text begin $17,790,000 in the first year is to the Board
of Soil and Water Resources to acquire
permanent conservation easements and
restore wetlands and associated upland
habitat in cooperation with the United
States Department of Agriculture Wetlands
Reserve Program and Ducks Unlimited,
including $1,000,000 for an agreement
with Ducks Unlimited to provide technical
and bioengineering assistance. Up to
$120,000 is for establishing a monitoring
and enforcement fund, as approved in
the accomplishment plan and subject to
Minnesota Statutes, section 97A.056,
subdivision 17. A list of permanent
conservation easements must be provided as
part of the final report.
new text end

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

new text begin $6,830,000 in the first year is to the
commissioner of natural resources for an
agreement with Pheasants Forever to acquire
land in fee to be designated and managed as
waterfowl production areas in Minnesota,
in cooperation with the United States Fish
and Wildlife Service. A list of proposed land
acquisitions must be provided as part of the
required accomplishment plan.
new text end

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

new text begin $3,530,000 in the first year is to the
commissioner of natural resources for an
agreement with Ducks Unlimited to acquire
land in fee for wildlife management purposes
under Minnesota Statutes, section 86A.05,
subdivision 8. A list of proposed land
acquisitions must be provided as part of the
required accomplishment plan.
new text end

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

new text begin $1,630,000 in the first year is to the Board
of Water and Soil Resources to acquire
in fee wild rice lake shoreland habitat
for native wild rice bed protection and to
acquire permanent conservation easements
in cooperation with Ducks Unlimited. Of
this amount, $100,000 is for an agreement
with Ducks Unlimited for acquisition of land
or interests in land to protect native wild
rice beds. Up to $48,000 is for establishing
a monitoring and enforcement fund, as
approved in the accomplishment plan and
subject to Minnesota Statutes, section
97A.056, subdivision 17. A list of proposed
land acquisitions must be included as part of
the required accomplishment plan.
new text end

new text begin (e) Wetland Habitat Program new text end

new text begin $1,980,000 in the first year is to the
commissioner of natural resources for an
agreement with the Minnesota Land Trust to
acquire permanent conservation easements
in high-priority wetland complexes in
the prairie and forest/prairie transition
regions. Up to $280,000 is for establishing
a monitoring and enforcement fund, as
approved in the accomplishment plan and
subject to Minnesota Statutes, section
97A.056, subdivision 17. A list of proposed
land acquisitions must be included as part of
the required accomplishment plan.
new text end

new text begin (f) Accelerated Shallow Lakes and Wetlands Enhancement - Phase V new text end

new text begin $1,790,000 in the first year is to the
commissioner of natural resources to
enhance and restore shallow lakes, including
$210,000 for an agreement with Ducks
Unlimited to help implement restorations
and enhancements. A list of proposed
land restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (g) Pelican Lake Enhancement new text end

new text begin $2,000,000 in the first year is to the
commissioner of natural resources for an
agreement with Ducks Unlimited to construct
a gravity outlet, water control structure, and
pump station lift to enhance aquatic habitat
in Pelican Lake in Wright County. A list of
proposed land restoration and enhancements
must be included as part of the required
accomplishment plan.
new text end

new text begin Subd. 5. new text end new text begin Habitats new text end

new text begin 23,987,000 new text end

new text begin -0- new text end

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

new text begin $5,250,000 in the first year is to the
commissioner of natural resources to
acquire interests in land in fee for aquatic
management purposes under Minnesota
Statutes, sections 86A.05, subdivision 14,
and 97C.02, and to restore and enhance
aquatic habitat. A list of proposed
land acquisitions and restorations and
enhancements must be provided as part of
the required accomplishment plan.
new text end

new text begin (b) Habitat Protection in Dakota County - Phase IV new text end

new text begin $4,100,000 in the first year is to the
commissioner of natural resources for an
agreement with Dakota County to acquire,
restore, and enhance lands in Dakota County
for fish and wildlife management purposes
under Minnesota Statutes, section 86A.05,
subdivision 8, or aquatic management area
purposes under Minnesota Statutes, sections
86A.05, subdivision 14, and 97C.02, and to
acquire permanent conservation easements
and restore and enhance habitats in rivers
and lake watersheds in Dakota County. Up
to $60,000 is for establishing a monitoring
and enforcement fund, as approved in
the accomplishment plan and subject to
Minnesota Statutes, section 97A.056,
subdivision 17. A list of proposed land
acquisitions and permanent conservation
easements must be provided as part of the
required accomplishment plan.
new text end

new text begin (c) Root River Protection and Restoration new text end

new text begin $2,750,000 in the first year is to the
commissioner of natural resources for
agreements to acquire land in fee for
scientific and natural areas under Minnesota
Statutes, sections 86A.05, subdivision 5, and
for state forest purposes under Minnesota
Statutes, section 86A.05, subdivision 7,
and to acquire permanent conservation
easements as follows: $2,122,000 to The
Nature Conservancy and $628,000 to the
Minnesota Land Trust. Up to $100,000 is for
establishing a monitoring and enforcement
fund, as approved in the accomplishment
plan and subject to Minnesota Statutes,
section 97A.056, subdivision 17. A list
of proposed acquisitions and permanent
conservation easements must be provided as
part of the required accomplishment plan.
new text end

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

new text begin $1,720,000 in the first year is to the
commissioner of natural resources for
agreements to acquire land in fee and as
permanent conservation easements and
to restore and enhance natural systems
associated with the Mississippi, Minnesota,
and St. Croix Rivers as follows: $450,000
to the Minnesota Valley National Wildlife
Refuge Trust, Inc.; $160,000 to the Friends
of the Mississippi; $210,000 to the Great
River Greening; $450,000 to the Minnesota
Land Trust; and $450,000 to the Trust
for Public Land. Up to $80,000 is for
establishing a monitoring and enforcement
fund, as approved in the accomplishment
plan and subject to Minnesota Statutes,
section 97A.056, subdivision 17. A list of
proposed land acquisitions and permanent
conservation easements must be provided as
part of the required accomplishment plan.
new text end

new text begin (e) Minnesota Landscape Arboretum new text end

new text begin $1,000,000 in the first year is to the Board
of Regents of the University of Minnesota
to acquire land in fee surrounding Lake
Tamarack in Carver County to be added to
the Minnesota Landscape Arboretum. A land
description must be provided as part of the
required accomplishment plan.
new text end

new text begin (f) Lower Mississippi River Habitat Partnership - Phase III new text end

new text begin $1,710,000 in the first year is to the
commissioner of natural resources to
enhance aquatic habitat. Of this amount,
$450,000 is for an agreement with the
United States Fish and Wildlife Service
to enhance aquatic habitat in the lower
Mississippi River watershed. A list of
proposed land restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (g) Coldwater Fish Habitat Enhancement - Phase V new text end

new text begin $2,470,000 in the first year is to the
commissioner of natural resources for an
agreement with Minnesota Trout Unlimited
to restore and enhance coldwater river and
stream habitats in Minnesota. A list of
proposed land restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (h) Albert Lea Lake Management and Invasive Species Control Structure - Phase III new text end

new text begin $1,127,000 in the first year is to the
commissioner of natural resources for
an agreement with the Shell Rock River
Watershed District to construct structural
deterrents and lake level controls to enhance
aquatic habitat on Albert Lea Lake in
Freeborn County. A list of proposed
land restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (i) Outdoor Heritage Conservation Partners Grant Program - Phase V new text end

new text begin $3,860,000 in the first year is to the
commissioner of natural resources for a
program to provide competitive, matching
grants of up to $400,000 to local, regional,
state, and national organizations for
enhancing, restoring, or protecting forests,
wetlands, prairies, and habitat for fish, game,
or wildlife in Minnesota. Grants shall not
be made for activities required to fulfill
the duties of owners of lands subject to
conservation easements. Grants shall not be
made from appropriations in this paragraph
for projects that have a total project cost
exceeding $575,000. Of this appropriation,
$366,000 may be spent for personnel costs
and other direct and necessary administrative
costs. Grantees may acquire land or interests
in land. Easements must be permanent.
Land acquired in fee must be open to
hunting and fishing during the open season
unless otherwise provided by state law. The
program shall require a match of at least ten
percent from nonstate sources for all grants.
The match may be cash or in-kind resources.
For grant applications of $25,000 or less,
the commissioner shall provide a separate,
simplified application process. Subject to
Minnesota Statutes, the commissioner of
natural resources shall, when evaluating
projects of equal value, give priority to
organizations that have a history of receiving
or charter to receive private contributions
for local conservation or habitat projects. If
acquiring land or a conservation easement,
priority shall be given to projects associated
with existing wildlife management areas
under Minnesota Statutes, section 86A.05,
subdivision 8; scientific and natural areas
under Minnesota Statutes, sections 84.033
and 86A.05, subdivision 5; and aquatic
management areas under Minnesota Statutes,
sections 86A.05, subdivision 14, and 97C.02.
All restoration or enhancement projects
must be on land permanently protected by a
conservation easement or public ownership
or in public waters as defined in Minnesota
Statutes, section 103G.005, subdivision
15. Priority shall be given to restoration
and enhancement projects on public lands.
Minnesota Statutes, section 97A.056,
subdivision 13, applies to grants awarded
under this paragraph. This appropriation is
available until June 30, 2017. No less than
five percent of the amount of each grant
must be held back from reimbursement until
the grant recipient has completed a grant
accomplishment report by the deadline and
in the form prescribed by and satisfactory to
the Lessard-Sams Outdoor Heritage Council.
The commissioner shall provide notice of
the grant program in the game and fish law
summaries that are prepared under Minnesota
Statutes, section 97A.051, subdivision 2.
new text end

new text begin Subd. 6. new text end new text begin Administration new text end

new text begin 1,221,000 new text end

new text begin -0- new text end

new text begin (a) Contract Management new text end

new text begin $175,000 in the first year is to the
commissioner of natural resources for
contract management duties assigned in this
section. The commissioner shall provide an
accomplishment plan in the form specified by
the Lessard-Sams Outdoor Heritage Council
on the expenditure of this appropriation.
The accomplishment plan must include
a copy of the grant contract template
and reimbursement manual. No money
may be expended prior to Lessard-Sams
Outdoor Heritage Council approval of the
accomplishment plan.
new text end

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

new text begin $936,000 in the first year is to the Legislative
Coordinating Commission for administrative
expenses of the Lessard-Sams Outdoor
Heritage Council and for compensation and
expense reimbursement of council members.
Funds in this appropriation are available until
June 30, 2015. Minnesota Statutes, section
16A.281, applies to this appropriation.
new text end

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

new text begin $45,000 in the first year is to the
commissioner of natural resources for a
technical evaluation panel to conduct up to
ten restoration evaluations under Minnesota
Statutes, section 97A.056, subdivision 10.
new text end

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

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

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

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

new text begin Subd. 7. new text end new text begin Availability of Appropriation new text end

new text begin Money appropriated in this section may
not be spent on activities unless they are
directly related to and necessary for a
specific appropriation and are specified in
the accomplishment plan approved by the
Lessard-Sams Outdoor Heritage Council.
Money appropriated in this section must
not be spent on indirect costs or other
institutional overhead charges that are not
directly related to and necessary for a specific
appropriation. Unless otherwise provided,
the amounts in this section are available
until June 30, 2016. For acquisition of real
property, the amounts in this section are
available until June 30, 2017, if a binding
agreement with a landowner or purchase
agreement is entered into by June 30, 2016,
and closed no later than June 30, 2017. Funds
for restoration or enhancement are available
until June 30, 2018, or four years after
acquisition, whichever is later, in order to
complete initial restoration or enhancement
work. If a project receives federal funds, the
time period of the appropriation is extended
to equal the availability of federal funding.
Funds appropriated for fee title acquisition
of land may be used to restore, enhance, and
provide for public use of the land acquired
with the appropriation. Public use facilities
must have a minimal impact on habitat in
acquired lands.
new text end

new text begin Subd. 8. new text end new text begin Payment Conditions and Capital Equipment Expenditures new text end

new text begin All agreements referred to in this section must
be administered on a reimbursement basis
unless otherwise provided in this section.
Notwithstanding Minnesota Statutes, section
16A.41, expenditures directly related
to each appropriation's purpose made
on or after July 1, 2013, or the date of
accomplishment plan approval, whichever is
later, are eligible for reimbursement unless
otherwise provided in this section. For the
purposes of administering appropriations
and legislatively authorized agreements
paid out of the outdoor heritage fund, an
expense must be considered reimbursable
by the administering agency when the
recipient presents the agency with an invoice
or binding agreement with the landowner
and the recipient attests that the goods have
been received or the landowner agreement
is binding. Periodic reimbursement must
be made upon receiving documentation that
the items articulated in the accomplishment
plan approved by the Lessard-Sams Outdoor
Heritage Council have been achieved,
including partial achievements as evidenced
by progress reports approved by the
Lessard-Sams Outdoor Heritage Council.
Reasonable amounts may be advanced to
projects to accommodate cash flow needs,
support future management of acquired
lands, or match a federal share. The
advances must be approved as part of the
accomplishment plan. Capital equipment
expenditures for specific items in excess of
$10,000 must be itemized in and approved as
part of the accomplishment plan.
new text end

new text begin Subd. 9. new text end new text begin Mapping new text end

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

new text begin Subd. 10. new text end new text begin Appropriations carryforward; fee title acquisition new text end

new text begin The availability of the appropriation for the
following project is extended to July 1, 2015:
Laws 2010, chapter 361, article 1, section
2, subdivision 5, paragraph (h), Washington
County St. Croix River Land Protection, and
the appropriation may be spent on acquisition
of land in fee title to protect habitat associated
with the St. Croix River Valley. A list of
proposed acquisitions must be provided as
part of the accomplishment plan.
new text end