SF 1363

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 06/13/2012 10:11am

A bill for an act
relating to state government; appropriating money from the outdoor heritage
fund; appropriating money from the clean water fund; appropriating money from
the parks and trails fund; appropriating money from the arts and cultural heritage
fund; modifying certain outdoor heritage provisions; modifying the Clean
Water Legacy Act; revising the Clean Water Council; providing appointments;
amending Minnesota Statutes 2010, sections 10A.01, subdivision 35; 85.013, by
adding a subdivision; 85.53, subdivisions 1, 5; 85.535, subdivision 1; 97A.056,
subdivisions 2, 3, 5, 6, 9, 10, by adding a subdivision; 114D.10; 114D.20,
subdivisions 1, 2, 3, 6, 7; 114D.35; 114D.50, subdivision 6; 116.195; 129D.18,
subdivision 4; 129D.19, subdivision 5; Laws 2009, chapter 172, article 1, section
2, subdivisions 3, 15; Laws 2010, chapter 361, article 1, section 2, subdivision
14; proposing coding for new law in Minnesota Statutes, chapter 114D; repealing
Minnesota Statutes 2010, sections 84.02, subdivisions 1, 2, 3, 4, 5, 6, 7, 8;
114D.30; 114D.45.

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

ARTICLE 1

OUTDOOR HERITAGE FUND

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 article. The appropriations are from the
outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
figures "2012" and "2013" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively.
"The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium"
is fiscal years 2012 and 2013. The appropriations in this article 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 2012 new text end		new text begin 2013 new text end

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

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

new text begin $ new text end

new text begin 86,471,000 new text end

new text begin $ new text end

new text begin 471,000 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 32,671,000 new text end

new text begin -0- new text end

new text begin (a) Wildlife Management Area, Scientific
and Natural Areas, and Prairie Bank
Easement Acquisition - Phase III
new text end

new text begin $3,931,000 the first year is to the
commissioner of natural resources to:
new text end

new text begin (1) acquire land in fee for wildlife
management area purposes under Minnesota
Statutes, sections 86A.05, subdivision 8, and
97A.145;
new text end

new text begin (2) acquire land in fee for scientific and
natural area purposes under Minnesota
Statutes, sections 84.033 and 86A.05,
subdivision 5; and
new text end

new text begin (3) acquire native prairie bank easements
under Minnesota Statutes, section 84.96.
new text end

new text begin A list of proposed land or permanent
conservation easement acquisitions must
be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement monitoring
and enforcement plan. Up to $14,000 is for
establishing a monitoring and enforcement
fund as approved in the accomplishment
plan, and subject to subdivision 15. An
annual financial report is required for
any monitoring and enforcement fund
established, including expenditures from the
fund.
new text end

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

new text begin $1,652,000 the first year is to the
commissioner of natural resources to
accelerate the restoration and enhancement
on wildlife management areas, scientific and
natural areas, and land under native prairie
bank easements.
new text end

new text begin (c) Minnesota Buffers for Wildlife and
Water
new text end

new text begin $2,249,000 the first year is to the Board of
Water and Soil Resources in cooperation
with Pheasants Forever to acquire permanent
conservation easements to enhance habitat
by expanding riparian wildlife buffers on
private land. A list of proposed easement
acquisitions must be provided as part of
the required accomplishment plan. The
accomplishment plan must include an
easement monitoring and enforcement
plan. Up to $200,000 is for establishing
a monitoring and enforcement fund as
approved in the accomplishment plan
and subject to subdivision 15. An annual
financial report is required for any monitoring
and enforcement fund established, including
expenditures from the fund.
new text end

new text begin (d) Northern Tallgrass Prairie National
Wildlife Refuge Land Acquisition - Phase
III
new text end

new text begin $1,720,000 the first year is to the
commissioner of natural resources for an
agreement with The Nature Conservancy
to acquire land or permanent easements
within the Northern Tallgrass Prairie Habitat
Preservation Area in western Minnesota for
addition to the Northern Tallgrass Prairie
National Wildlife Refuge. A list of proposed
land acquisitions must be provided as part
of the required accomplishment plan. The
accomplishment plan must include an
easement monitoring and enforcement plan.
new text end

new text begin (e) Minnesota Prairie Recovery Project -
Phase II
new text end

new text begin $4,500,000 the first year is to the
commissioner of natural resources for an
agreement with The Nature Conservancy to
acquire native prairie and savanna and restore
and enhance grasslands and savanna. A list of
proposed land acquisitions must be provided
as part of the required accomplishment plan.
Acquisitions, restorations, and enhancements
must be within the two existing and two
additional pilot focus areas contained in
the accomplishment plan. Annual income
statements and balance sheets for income
and expenses from land acquired with
appropriations from the outdoor heritage
fund must be submitted to the Lessard-Sams
Outdoor Heritage Council.
new text end

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

new text begin $1,533,000 the first year is to the
commissioner of natural resources for an
agreement with The Trust for Public Land
to acquire and restore lands in the Cannon
River watershed for wildlife management
area purposes under Minnesota Statutes,
section 86A.05, subdivision 8, or aquatic
management areas 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) Accelerating the Wildlife Management
Area Program - Phase III
new text end

new text begin $5,500,000 the first year is to the
commissioner of natural resources for an
agreement with Pheasants Forever to acquire
prairie and other habitat areas for wildlife
management area 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 (h) Accelerating the Waterfowl Production
Area Program - Phase III
new text end

new text begin $9,815,000 the first year is to the
commissioner of natural resources for
an agreement with Pheasants Forever to
accelerate the acquisition of wetlands and
grasslands to be added to the waterfowl
production area system 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 (i) The Green Corridor Legacy Program -
Phase III
new text end

new text begin $1,771,000 the first year is to the
commissioner of natural resources for
an agreement with the Redwood Area
Development Corporation to acquire land
for wildlife management area purposes
under Minnesota Statutes, section 86A.05,
subdivision 8, or aquatic management areas
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 Subd. 3. new text end new text begin Forests new text end

new text begin 14,371,000 new text end

new text begin -0- new text end

new text begin (a) Minnesota Forests for the Future -
Phase III
new text end

new text begin $5,409,000 the first year is to the
commissioner of natural resources to
acquire forest and wetland habitat through
working forest easements and fee acquisition
under the Minnesota forests for the future
program pursuant to Minnesota Statutes,
section 84.66. A conservation easement
acquired with money appropriated under this
paragraph must comply with subdivision
13. A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement monitoring
and enforcement plan. Up to $150,000 is for
establishing a monitoring and enforcement
fund as approved in the accomplishment plan
and subject to subdivision 15. An annual
financial report is required for any monitoring
and enforcement fund established, including
expenditures from the fund.
new text end

new text begin (b) LaSalle Lake: Protecting Critical
Mississippi Headwaters Habitat
new text end

new text begin $4,632,000 the first year is to the
commissioner of natural resources for an
agreement with The Trust for Public Land
to acquire land adjacent to LaSalle Lake in
Hubbard County. A list of proposed land
acquisitions must be provided as part of
the required accomplishment plan. If the
acquisition is not completed by July 15,
2012, or if a balance remains after acquisition
of land, the money under this paragraph is
available for acquisition under subdivision
2, paragraph (a).
new text end

new text begin (c) Accelerated Forest Habitat
Enhancement - Phase II
new text end

new text begin $826,000 the first year is to the commissioner
of natural resources to restore and enhance
lands in state forests, pursuant to Minnesota
Statutes, section 89.021.
new text end

new text begin (d) Northeastern Minnesota Sharp-Tailed
Grouse Habitat Partnership - Phase II
new text end

new text begin $988,000 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 for wildlife
management area 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 (e) Lower Mississippi River Habitat
Partnership - Phase II
new text end

new text begin $707,000 the first year is to the commissioner
of natural resources to acquire and enhance
habitat in the lower Root River and
lower Zumbro River watersheds, pursuant
to Minnesota Statutes, section 86A.05,
subdivisions 7 and 8. A list of proposed land
acquisitions must be provided as part of the
required accomplishment plan.
new text end

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

new text begin $604,000 the first year is to the commissioner
of natural resources for an agreement with
Cass County to acquire land in fee for forest
wildlife habitat. A list of proposed land
acquisitions must be provided as part of the
required accomplishment plan.
new text end

new text begin (g) State Forest Acquisition
new text end

new text begin $1,205,000 the first year is to the
commissioner of natural resources to acquire
land in fee and permanent management
access easements for state forests under
Minnesota Statutes, section 86A.05,
subdivision 7. A list of proposed land
acquisitions 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 15,827,000 new text end

new text begin -0- new text end

new text begin (a) Reinvest in Minnesota Wetlands
Reserve Acquisition and Restoration
Program Partnership - Phase III
new text end

new text begin $13,000,000 the first year is to the Board
of Water and Soil 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. A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement monitoring
and enforcement plan. Up to $112,000 is for
establishing a monitoring and enforcement
fund as approved in the accomplishment plan
and subject to subdivision 15. An annual
financial report is required for any monitoring
and enforcement fund established, including
expenditures from the fund and a description
of monitoring and enforcement activities.
new text end

new text begin (b) Accelerated Shallow Lakes and
Wetlands Restoration and Enhancement -
Phase III
new text end

new text begin $936,000 the first year is to the commissioner
of natural resources to develop engineering
designs for shallow lakes and wetlands and
restore and enhance shallow lakes.
new text end

new text begin (c) Shallow Lake Shoreland Protection:
Wild Rice Lakes
new text end

new text begin $1,891,000 the first year is to the
commissioner of natural resources for an
agreement with Ducks Unlimited and the
Board of Water and Soil Resources to
acquire wild rice lake shoreland habitat in
fee and as permanent conservation easements
as follows: $500,000 to the Department
of Natural Resources; $1,100,000 to the
Board of Water and Soil Resources; and
$291,000 to Ducks Unlimited. A list of
proposed land acquisitions must be provided
as part of the required accomplishment plan.
The accomplishment plan must include
an easement monitoring and enforcement
plan. Up to $18,000 is for establishing
a monitoring and enforcement fund as
approved in the accomplishment plan
and subject to subdivision 15. An annual
financial report is required for any monitoring
and enforcement fund established, including
expenditures from the fund.
new text end

new text begin Subd. 5. new text end new text begin Habitat new text end

new text begin 22,914,000 new text end

new text begin -0- new text end

new text begin (a) Accelerated Aquatic Management
Area Habitat Program - Phase III
new text end

new text begin $6,500,000 the first year is to the
commissioner of natural resources to
acquire interests in land in fee or permanent
conservation easements for aquatic
management areas under Minnesota Statutes,
sections 86A.05, subdivision 14, and 97C.02,
to restore and enhance aquatic habitat. A
list of proposed acquisitions and stream and
lake habitat restorations and enhancements
must be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement monitoring
and enforcement plan.
new text end

new text begin (b) Coldwater Fish Habitat Enhancement
Program - Phase III
new text end

new text begin $1,533,000 the first year is to the
commissioner of natural resources for an
agreement with Minnesota Trout Unlimited.
A list of proposed projects, describing
types and locations of restorations and
enhancements, must be provided as part of
the required accomplishment plan.
new text end

new text begin (c) Land Addition to the Janet Johnson
Memorial Wildlife Management Area
new text end

new text begin $577,000 the first year is to the commissioner
of natural resources for an agreement with
Chisago County to acquire land in fee to
be added to the Janet Johnson Memorial
Wildlife Management Area 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) Metro Big Rivers Habitat - Phase II
new text end

new text begin $5,000,000 the first year is to the
commissioner of natural resources for
agreements to acquire interests in land in
fee or permanent conservation easements
and to restore and enhance natural systems
associated with the Mississippi, Minnesota,
and St. Croix Rivers as follows: $960,000
to the Minnesota Valley National Wildlife
Refuge Trust, Inc.; $150,000 to Great
River Greening; $840,000 to Minnesota
Land Trust; $150,000 to Friends of the
Mississippi River; and $2,900,000 to The
Trust for Public Land. A list of proposed
projects, describing types and locations of
acquisitions, restorations, and enhancements,
must be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement monitoring
and enforcement plan. Money appropriated
from the outdoor heritage fund for easement
acquisition may be used to establish a
monitoring and enforcement fund as
approved in the accomplishment plan
and subject to subdivision 15. An annual
financial report is required for any monitoring
and enforcement fund established, including
expenditures from the fund.
new text end

new text begin (e) Protecting Sensitive Shorelands in
North Central Minnesota
new text end

new text begin $1,098,000 the first year is to the
commissioner of natural resources for
agreements with the Leech Lake Watershed
Foundation and the Minnesota Land Trust
as follows: $339,000 to the Leech Lake
Watershed Foundation; $741,000 to the
Minnesota Land Trust; and $18,000 to the
Department of Natural Resources to pay for
acquisition-related expenses and monitoring
costs of donated permanent conservation
easements on sensitive shorelands in north
central Minnesota. A list of proposed land
acquisitions must be provided as part of
the required accomplishment plan. The
accomplishment plan must include an
easement monitoring and enforcement
plan. Up to $342,000 is for establishing
a monitoring and enforcement fund as
approved in the accomplishment plan
and subject to subdivision 15. An annual
financial report is required for any monitoring
and enforcement fund established, including
expenditures from the fund.
new text end

new text begin (f) Restoring Native Habitat and Water
Quality to Shell Rock River - Phase II
new text end

new text begin $2,577,000 the first year is to the
commissioner of natural resources for
an agreement with the Shell Rock River
Watershed District to acquire land in fee
at the headwaters of the Shell Rock River
for aquatic management area purposes
under Minnesota Statutes, sections 86A.05,
subdivision 14, and 97C.02, to restore
and enhance aquatic habitat. The leases
for gravel mining existing at the time of
acquisition may not be extended and all gross
income generated from mining operations
must be transferred to the commissioner of
management and budget and credited to the
outdoor heritage fund. A list of proposed
land acquisitions must be provided as part of
the required accomplishment plan.
new text end

new text begin (g) Outdoor Heritage Conservation
Partners Grant Program - Phase III
new text end

new text begin $5,629,000 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
enhancement, restoration, or protection of
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 $475,000. $319,000
of this appropriation may be spent for
personnel costs and other 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 grants of
$100,000 or less and a match of at least 15
percent from nonstate sources for grants over
$100,000. Up to one-third of the match may
be in-kind resources. For grant applications
of $25,000 or less, the commissioner shall
provide a separate, simplified application
process. The criteria for evaluating grant
applications over $25,000 must include the
amount of habitat restored, enhanced, or
protected; local support; encouragement
of a local conservation culture; urgency;
capacity to achieve multiple benefits;
habitat benefits provided; consistency with
current conservation science; adjacency
to protected lands; full funding of the
project; supplementing existing funding;
public access for hunting and fishing during
the open season; sustainability; degree
of collaboration; and use of native plant
materials. All projects must conform to
the Minnesota statewide conservation and
preservation plan. Wildlife habitat projects
must also conform to the Minnesota wildlife
action plan. Subject to the evaluation
criteria and requirements of this paragraph
and Minnesota Statutes, the commissioner
of natural resources shall give priority to
organizations that have a history of receiving
or charter to receive private contributions
for local conservation or habitat projects
when evaluating projects of equal value. 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.
Subdivision 9 applies to grants awarded
under this paragraph. This appropriation is
available until June 30, 2015. 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 2011 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 688,000 new text end

new text begin 471,000 new text end

new text begin (a) Contract Management
new text end

new text begin $175,000 the first year is to the Legislative
Coordinating Commission to contract with
the commissioner of natural resources for
expenses incurred for contract fiscal services
for the agreements specified in this section.
The contract management services must be
done on a reimbursement basis.
new text end

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

new text begin $471,000 the first year and $471,000
the second year are to the Legislative
Coordinating Commission for two years of
administrative expenses of the Lessard-Sams
Outdoor Heritage Council and for two years
of compensation and expense reimbursement
of council members.
new text end

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

new text begin $42,000 the first year is to the commissioner
of natural resources for a technical assistance
panel to conduct up to ten restoration audits
under Minnesota Statutes, section 97A.056,
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. Money appropriated
in this section must not be spent on indirect
costs or other institutional overhead charges.
Unless otherwise provided, the amounts
in this section are available until June 30,
2014, when projects must be completed and
final accomplishments reported. Funds for
restoration or enhancement are available
until June 30, 2016, or four years after
acquisition, whichever is later, in order to
complete 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 the public use of land acquired
with the appropriation. Public use facilities
must have a minimal impact on habitat on
acquired lands.
new text end

new text begin Subd. 8. new text end new text begin Accomplishment Plans new text end

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

new text begin Subd. 9. new text end new text begin Project Requirements new text end

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

new text begin (b) All conservation easements acquired with
money appropriated under this section must:
(1) be permanent; (2) specify the parties to
the easement; (3) specify all of the provisions
of an agreement that are permanent; (4)
specify the habitat types and location
being protected; (5) where appropriate for
conservation or water protection outcomes,
require the grantor to employ practices
retaining water on the eased land as long as
practicable; (6) specify the responsibilities
of the parties for habitat enhancement and
restoration and the associated costs of these
activities; (7) be sent to the office of the
Lessard-Sams Outdoor Heritage Council; (8)
include a long-term stewardship plan and
identify the sources and amount of funding
for monitoring and enforcing the easement
agreement; and (9) identify the parties
responsible for monitoring and enforcing the
easement agreement.
new text end

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

new text begin (d) For new lands acquired, a recipient
must prepare a restoration and management
plan in compliance with paragraph (c),
including identification of sufficient funding
for implementation.
new text end

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

new text begin (f) Except as otherwise provided in this
section, all restoration and enhancement
projects funded with money appropriated
under this section 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.
new text end

new text begin (g) To the extent an appropriation is used to
acquire an interest in real property, a recipient
of an appropriation under this section must
provide to the Lessard-Sams Outdoor
Heritage Council and the commissioner
of management and budget an analysis of
increased operations and maintenance costs
likely to be incurred by public entities as
a result of the acquisition and of how these
costs are to be paid.
new text end

new text begin (h) A recipient of money from an
appropriation under this section must give
consideration to and make timely written
contact with Conservation Corps Minnesota
for possible use of the corps' services to
contract for restoration and enhancement
services. A copy of the written contact
must be filed with the Lessard-Sams
Outdoor Heritage Council within 15 days of
execution.
new text end

new text begin (i) A recipient of money under this section
must erect signage according to Laws 2009,
chapter 172, article 5, section 10.
new text end

new text begin Subd. 10. new text end new text begin Payment Conditions and Capital Equipment Expenditures new text end

new text begin All agreements, grants, or contracts referred
to in this section must be administered on
a reimbursement basis unless otherwise
provided in this section. Notwithstanding
Minnesota Statutes, section 16A.41,
expenditures directly related to each
appropriation's purpose made on or after July
1, 2011, are eligible for reimbursement unless
otherwise provided in this section. Periodic
reimbursement must be made upon receiving
documentation that the deliverable items
articulated in the approved accomplishment
plan have been achieved, including partial
achievements as evidenced by approved
progress reports. Reasonable amounts may
be advanced to projects to accommodate
cash flow needs, 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. 11. new text end new text begin Purchase of Recycled and Recyclable Materials new text end

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

new text begin Subd. 12. new text end new text begin Accessibility new text end

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

new text begin Subd. 13. new text end new text begin Land Acquisition Restrictions new text end

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

new text begin (b) A recipient of funding who acquires
an interest in real property subject to this
subdivision may not alter the intended use
of the interest in real property or convey
any interest in the real property acquired
with the appropriation without the prior
review and approval of the Lessard-Sams
Outdoor Heritage Council or its successor.
The council shall notify the chairs and
ranking minority members of the legislative
committees and divisions with jurisdiction
over the outdoor heritage fund at least 15
business days before approval under this
paragraph. The council shall establish
procedures to review requests from recipients
to alter the use of or convey an interest in
real property. These procedures shall allow
for the replacement of the interest in real
property with another interest in real property
meeting the following criteria: (1) the
interest must be at least equal in fair market
value, as certified by the commissioner
of natural resources, to the interest being
replaced; and (2) the interest must be in a
reasonably equivalent location and have a
reasonably equivalent useful conservation
purpose compared to the interest being
replaced, taking into consideration all effects
from fragmentation of the whole habitat.
new text end

new text begin (c) A recipient of funding who acquires an
interest in real property under paragraph
(a) must separately record a notice of
funding restrictions in the appropriate local
government office where the conveyance
of the interest in real property is filed. The
notice of funding agreement must contain:
(1) a legal description of the interest in real
property covered by the funding agreement;
(2) a reference to the underlying funding
agreement; (3) a reference to this section; and
(4) the following statement: "This interest
in real property shall be administered in
accordance with the terms, conditions, and
purposes of the grant agreement controlling
the acquisition of the property. The interest
in real property, or any portion of the interest
in real property, shall not be sold, transferred,
pledged, or otherwise disposed of or further
encumbered without obtaining the prior
written approval of the Lessard-Sams
Outdoor Heritage Council or its successor.
The ownership of the interest in real property
shall transfer to the state if: (1) the holder of
the interest in real property fails to comply
with the terms and conditions of the grant
agreement or accomplishment plan; or
(2) restrictions are placed on the land that
preclude its use for the intended purpose as
specified in the appropriation."
new text end

new text begin Subd. 14. new text end new text begin Real Property Interest Report new text end

new text begin By December 1 each year, a recipient of
money appropriated under this section that
is used for the acquisition of an interest in
real property, including, but not limited to,
an easement or fee title, must submit annual
reports on the status of the real property to
the Lessard-Sams Outdoor Heritage Council
or its successor in a form determined by the
council. The responsibility for reporting
under this section may be transferred by
the recipient of the appropriation to another
person or entity that holds the interest in the
real property. To complete the transfer of
reporting responsibility, the recipient of the
appropriation must: (1) inform the person
to whom the responsibility is transferred of
that person's reporting responsibility; (2)
inform the person to whom the responsibility
is transferred of the property restrictions
under subdivision 13; and (3) provide written
notice to the council of the transfer of
reporting responsibility, including contact
information for the person to whom the
responsibility is transferred. After the
transfer, the person or entity that holds the
interest in the real property is responsible for
reporting requirements under this section.
new text end

new text begin Subd. 15. new text end new text begin Easement Monitoring and Enforcement Requirements new text end

new text begin Money appropriated under this section
for easement monitoring and enforcement
may be spent only on activities included in
an easement monitoring and enforcement
plan contained within the accomplishment
plan. Money received for monitoring
and enforcement, including earnings on
the money received, shall be kept in a
monitoring and enforcement fund held by
the organization and is appropriated for
monitoring and enforcing conservation
easements within Minnesota. Within 120
days after the close of the entity's fiscal
year, an entity receiving appropriations for
easement monitoring and enforcement must
provide an annual financial report to the
Lessard-Sams Outdoor Heritage Council on
the easement monitoring and enforcement
fund as specified in the accomplishment plan.
Money appropriated under this section for
monitoring and enforcement of easements
and earnings on the money appropriated
shall revert to the state if: (1) the easement
transfers to the state under subdivision 13;
(2) the holder of the easement fails to file
an annual report and then fails to cure that
default within 30 days of notification of the
default by the state; or (3) the holder of the
easement fails to comply with the terms
of the monitoring and enforcement plan
contained within the accomplishment plan
and fails to cure that default within 90 days
of notification of the default by the state.
new text end

new text begin Subd. 16. new text end new text begin Successor Organizations new text end

new text begin The Lessard-Sams Outdoor Heritage Council
may approve the continuation of a project
with an organization that has adopted
a new name. Continuation of a project
with an organization that has undergone
a significant change in mission, structure,
or purpose requires: (1) notice to the
chairs of the legislative committees with
relevant jurisdiction; and (2) presentation
by the council of proposed legislation either
ratifying or rejecting continued involvement
with the new organization.
new text end

new text begin Subd. 17. new text end new text begin Appropriations Adjustment new text end

new text begin (a) Mississippi River Bluffland Prairie Protection Initiative. new text end

new text begin Of the amount appropriated in Laws 2009,
chapter 172, article 1, section 2, subdivision
2, paragraph (f), up to $65,000 is for deposit
in a monitoring and enforcement account as
authorized in subdivision 15.
new text end

new text begin (b) Critical Shoreline Habitat Protection Program new text end

new text begin Of the amount appropriated in Laws 2010,
chapter 361, article 1, section 2, subdivision
3, paragraph (a), up to $187,000 is for deposit
in a monitoring and enforcement account as
authorized in subdivision 15.
new text end

new text begin (c) Riparian and Lakeshore Protection in Dakota County new text end

new text begin Of the amount appropriated in Laws 2010,
chapter 361, article 1, section 2, subdivision
5, paragraph (d), up to $80,000 is for deposit
in a monitoring and enforcement account as
authorized in subdivision 15.
new text end

new text begin (d) Valley Creek Protection Partnership new text end

new text begin Of the amount appropriated in Laws 2010,
chapter 361, article 1, section 2, subdivision
5, paragraph (e), up to $12,000 is for deposit
in a monitoring and enforcement account as
authorized in subdivision 15.
new text end

Sec. 3.

Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin For the purpose of appropriations from the outdoor heritage
fund, "recipient" means the entity responsible for deliverables financed by the outdoor
heritage fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2009.
new text end

Sec. 4.

Minnesota Statutes 2010, section 97A.056, subdivision 2, is amended to read:

Subd. 2.

Lessard-Sams Outdoor Heritage Council.

(a) The Lessard-Sams
Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of:

(1) two public members appointed by the senate Subcommittee on Committees of
the Committee on Rules and Administration;

(2) two public members appointed by the speaker of the house;

(3) four public members appointed by the governor;

(4) two members of the senate appointed by the senate Subcommittee on Committees
of the Committee on Rules and Administration; and

(5) two members of the house of representatives appointed by the speaker of the
house.

(b) Members appointed under paragraph (a) must not be registered lobbyists.
In making appointments, the governor, senate Subcommittee on Committees of the
Committee on Rules and Administration, and the speaker of the house shall consider
geographic balance, gender, age, ethnicity, and varying interests including hunting and
fishing. The governor's appointments to the council are subject to the advice and consent
of the senate.

(c) Public members appointed under paragraph (a) shall have practical experience
or expertise or demonstrated knowledge in the science, policy, or practice of restoring,
protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
wildlife.

(d) Legislative members appointed under paragraph (a) shall include the chairs
of the legislative committees with jurisdiction over environment and natural resources
finance or their designee, one member from the minority party of the senate, and one
member from the minority party of the house of representatives.

(e) new text begin Public new text end members serve four-year terms deleted text begin and deleted text end new text begin . Appointed legislative members serve
at the pleasure of the appointing authority. Public and legislative members continue to
serve until their successors are appointed. Public members new text end shall be initially appointed
according to the following schedule of terms:

(1) two public members appointed by the governor for a term ending the first
Monday in January 2011;

(2) one public member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2011;

(3) one public member appointed by the speaker of the house for a term ending
the first Monday in January 2011;

(4) two public members appointed by the governor for a term ending the first
Monday in January 2013;

(5) one public member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2013; new text begin and
new text end

(6) one public member appointed by the speaker of the house for a term ending the
first Monday in January 2013 deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (7) two members of the senate appointed by the senate Subcommittee on Committees
of the Committee on Rules and Administration for a term ending the first Monday in
January 2013, and two members of the house of representatives appointed by the speaker
of the house for a term ending the first Monday in January 2013.
deleted text end

(f) deleted text begin Compensation deleted text end new text begin Terms, compensation, new text end and removal of public members are as
provided in section 15.0575. A vacancy on the council may be filled by the appointing
authority for the remainder of the unexpired term.

(g) The first meeting of the council shall be convened by the chair of the Legislative
Coordinating Commission no later than December 1, 2008. Members shall elect a chair,
vice-chair, secretary, and other officers as determined by the council. The chair may
convene meetings as necessary to conduct the duties prescribed by this section.

(h) Upon coordination with deleted text begin and approval by deleted text end the Legislative Coordinating
Commission, the council may appoint nonpartisan staff and contract with consultants
as necessary to carry out the functions of the council. Up to one percent of the money
appropriated from the fund may be used to pay for administrative expenses of the council
and for compensation and expense reimbursement of council members.

Sec. 5.

Minnesota Statutes 2010, section 97A.056, subdivision 3, is amended to read:

Subd. 3.

Council recommendations.

(a) The council shall make recommendations
to the legislature on appropriations of money from the outdoor heritage fund that are
consistent with the Constitution and state law and that will achieve the outcomes of
existing natural resource plans, including, but not limited to, the Minnesota Statewide
Conservation and Preservation Plan, that directly relate to the restoration, protection, and
enhancement of wetlands, prairies, forests, and habitat for fish, game, and wildlife, and that
prevent forest fragmentation, encourage forest consolidation, and expand restored native
prairie. deleted text begin In making recommendations, the council shall consider a range of options that
would best restore, protect, and enhance wetlands, prairies, forests, and habitat for fish,
game, and wildlife, and shall not adopt definitions of "restore", "protect", or "enhance" that
would limit the council from considering options that are consistent with the Constitution.
The council shall submit its initial recommendations to the legislature no later than April 1,
2009. deleted text end Subsequent recommendations shall be submitted no later than January 15 each year.
The council shall present its recommendations to the senate and house of representatives
committees with jurisdiction over the environment and natural resources budget by
February 15 in odd-numbered years, and within the first four weeks of the legislative
session in even-numbered years. The council's budget recommendations to the legislature
shall be separate from the Department of Natural Resource's budget recommendations.

(b) To encourage and support local conservation efforts, the council shall establish a
conservation partners program. Local, regional, state, or national organizations may apply
for matching grants for restoration, protection, and enhancement of wetlands, prairies,
forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation,
encouragement of forest consolidation, and expansion of restored native prairie.

(c) The council may work with the Clean Water Council to identify projects that
are consistent with both the purpose of the outdoor heritage fund and the purpose of
the clean water fund.

(d) The council may make recommendations to the Legislative-Citizen Commission
on Minnesota Resources on scientific research that will assist in restoring, protecting, and
enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing
forest fragmentation, encouraging forest consolidation, and expanding restored native
prairie.

(e) Recommendations of the council, including approval of recommendations for the
outdoor heritage fund, require an affirmative vote of at least nine members of the council.

(f) The council may work with the Clean Water Council, the Legislative-Citizen
Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and
water conservation districts, and experts from Minnesota State Colleges and Universities
and the University of Minnesota in developing the council's recommendations.

(g) The council shall develop and implement a process that ensures that citizens
and potential recipients of funds are included throughout the process, including the
development and finalization of the council's recommendations. The process must include
a fair, equitable, and thorough process for reviewing requests for funding and a clear and
easily understood process for ranking projects.

(h) The council shall use the regions of the state based upon the ecological deleted text begin regions deleted text end new text begin
sections new text end and deleted text begin subregions deleted text end new text begin subsections new text end developed by the Department of Natural Resources
and establish objectives for each region and subregion to achieve the purposes of the fund
outlined in the state constitution.

(i) The council shall develop and submit to the Legislative Coordinating Commission
plans for the first ten years of funding, and a framework for 25 years of funding, consistent
with statutory and constitutional requirements. The council may use existing plans from
other legislative, state, and federal sources, as applicable.

Sec. 6.

Minnesota Statutes 2010, section 97A.056, subdivision 5, is amended to read:

Subd. 5.

Open meetings.

(a) Meetings of the council and other groups the council
may establish deleted text begin are subject to chapter 13D deleted text end new text begin are open to the public new text end . Except where prohibited
by law, the council shall establish additional processes to broaden public involvement in
all aspects of its deliberations, including recording meetings, video conferencing, and
publishing minutes. For the purposes of this subdivision, a meeting occurs when a quorum
is present and the members deleted text begin receive information or deleted text end take action on any matter relating to the
duties of the council. The quorum requirement for the council shall be seven members.

(b) deleted text begin Travel to and from scheduled and publicly noticed site visits by council members
for the purposes of receiving information is not a violation of paragraph (a). Any decision
or agreement to make a decision during the travel is a violation of paragraph (a).
deleted text end

deleted text begin (c) deleted text end For legislative members of the council, enforcement of this subdivision is
governed by section 3.055, subdivision 2. For nonlegislative members of the council,
enforcement of this subdivision is governed by section 13D.06, subdivisions 1 and 2.

Sec. 7.

Minnesota Statutes 2010, section 97A.056, subdivision 6, is amended to read:

Subd. 6.

Audit.

The legislative auditor shall audit the outdoor heritage fund
expenditures, including administrative and staffing expenditures, deleted text begin every two years deleted text end to
ensure that the money is spent deleted text begin to restore, protect, and enhance wetlands, prairies, forests,
and habitat for fish, game, and wildlife deleted text end new text begin in compliance with all applicable law and the
Constitution new text end .

Sec. 8.

Minnesota Statutes 2010, section 97A.056, subdivision 9, is amended to read:

Subd. 9.

Lands in public domain.

Money appropriated from the outdoor heritage
fund shall not be used to purchase any land in fee title or a permanent conservation
easement if the land in question is fully or partially owned by the state of Minnesota
or a political subdivision of the state, unless: (1) the purchase creates additional direct
benefit to protect, restore, or enhance the state's wetlands, prairies, forests, or habitat
for fish, game, and wildlife; and (2) the purchase is approved by an affirmative vote of
at least nine members of the council. deleted text begin At least 15 business days prior to a decision under
this subdivision, the council shall submit the planned decision item to the Legislative
Coordinating Commission. The planned decision item takes effect 15 business days
after it is submitted by the council.
deleted text end

Sec. 9.

Minnesota Statutes 2010, section 97A.056, subdivision 10, is amended to read:

Subd. 10.

Restoration evaluations.

deleted text begin Beginning July 1, 2011, deleted text end The commissioner
of natural resources and the Board of Water and Soil Resources deleted text begin shall deleted text end new text begin may new text end convene
a technical evaluation panel comprised of five members, including one technical
representative from the Board of Water and Soil Resources, one technical representative
from the Department of Natural Resources, one technical expert from the University of
Minnesota or the Minnesota State Colleges and Universities, and two representatives
with expertise in the project being evaluated. The board and the commissioner may add
a technical representative from a unit of federal or local government. The members of
the technical evaluation panel may not be associated with the restoration, may vary
depending upon the projects being reviewed, and shall avoid any potential conflicts of
interest. Each year, the board and the commissioner deleted text begin shall deleted text end new text begin may new text end assign a coordinator to
identify a sample of up to ten habitat restoration projects completed with outdoor heritage
funding. The coordinator shall secure the restoration plans for the projects specified and
direct the technical evaluation panel to evaluate the restorations relative to the law, current
science, and the stated goals and standards in the restoration plan deleted text begin and, when applicable, to
the Board of Water and Soil Resources' native vegetation establishment and enhancement
guidelines deleted text end . The coordinator shall summarize the findings of the panel and provide a report
to the chair of the Lessard-Sams Outdoor Heritage Council and the chairs of the respective
house of representatives and senate policy and finance committees with jurisdiction over
natural resources and spending from the outdoor heritage fund. The report shall determine
if the restorations are meeting planned goals, any problems with the implementation of
restorations, and, if necessary, recommendations on improving restorations. The report
shall be focused on improving future restorations. Up to one-tenth of one percent of
forecasted receipts from the outdoor heritage fund may be used for restoration evaluations
under this section.

Sec. 10.

Laws 2009, chapter 172, article 1, section 2, subdivision 3, is amended to read:

Subd. 3. Forests

18,000,000

18,000,000

$18,000,000 in fiscal year 2010 and
$18,000,000 in fiscal year 2011 are to the
commissioner of natural resources to acquire
land or permanent working forest easements
on private forests in areas identified through
the Minnesota forests for the future program
under Minnesota Statutes, section 84.66.
new text begin Up to $750,000 in fiscal year 2011 may
be deposited in an account and used for
long-term monitoring and enforcement of
the easements acquired. Money, including
interest earned, shall be kept in a separate
fund and is appropriated for monitoring and
enforcement of permanent working forest
easements acquired with appropriations from
the outdoor heritage fund. new text end Priority must be
given to acquiring land or interests in private
lands within existing Minnesota state forest
boundaries. Any easements acquired must
have a forest management plan as defined
in Minnesota Statutes, section 290C.02,
subdivision 7. A list of proposed fee title
and easement acquisitions must be provided
as part of the required accomplishment
plan. deleted text begin The fiscal year 2011 appropriation
is available only for acquisitions that, by
August 15, 2009, are:
deleted text end

deleted text begin (1) subject to a binding agreement with the
commissioner; and
deleted text end

deleted text begin (2) matched by at least $9,000,000 in private
donations.
deleted text end

Sec. 11.

Laws 2009, chapter 172, article 1, section 2, subdivision 15, is amended to
read:

Subd. 15. Real Property Interest Report

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

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

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

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

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

Sec. 12.

Laws 2010, chapter 361, article 1, section 2, subdivision 14, is amended to
read:

Subd. 14. Real Property Interest Report

By December 1 each year, a recipient of
money appropriated under this section that
is used for the acquisition of an interest in
real property, including, but not limited to,
an easement or fee title, must submit annual
reports on the status of the real property to
the Lessard-Sams Outdoor Heritage Council
or its successor in a form determined by the
council. The responsibility for reporting
under this section may be transferred by
the recipient of the appropriation to another
person or entity that holds the interest in the
real property. To complete the transfer of
reporting responsibility, the recipient of the
appropriation must: (1) inform the person
to whom the responsibility is transferred of
that person's reporting responsibility; (2)
inform the person to whom the responsibility
is transferred of the property restrictions
under subdivision 13; new text begin and new text end (3) provide written
notice to the council of the transfer of
reporting responsibility, including contact
information for the person to whom the
responsibility is transferred deleted text begin ; and (4) provide
the Lessard-Sams Outdoor Heritage Council
or its successor written documentation from
the person or entity holding the interest in
real property certifying its acceptance of all
reporting obligations and responsibilities
previously held by the recipient of the
appropriation deleted text end . After the transfer, the person
or entity that holds the interest in the
real property is responsible for reporting
requirements under this section.

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 84.02, subdivisions 1, 2, 3, 4, 5, 6, 7, and 8, new text end new text begin are
repealed.
new text end

ARTICLE 2

CLEAN WATER FUND

Section 1. new text begin CLEAN WATER FUND APPROPRIATIONS. 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 article. The appropriations are from the
clean water fund and are available for the fiscal years indicated for allowable activities
under the Minnesota Constitution, article XI, section 15. The figures "2012" and "2013"
used in this article mean that the appropriation listed under them are available for the
fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The first year" is fiscal
year 2012. "The second year" is fiscal year 2013. "The biennium" is fiscal years 2012
and 2013. The appropriations in this article 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 2012 new text end		new text begin 2013 new text end

Sec. 2. new text begin DEPARTMENT OF AGRICULTURE new text end

new text begin $ new text end

new text begin 8,200,000 new text end

new text begin $ new text end

new text begin 8,200,000 new text end

new text begin (a) $350,000 the first year and $350,000 the
second year are to increase monitoring for
pesticides and pesticide degradates in surface
water and groundwater and to use data
collected to assess pesticide use practices.
new text end

new text begin (b) $850,000 the first year and $850,000
the second year are to increase monitoring
and evaluate trends in the concentration of
nitrates in groundwater in high-risk areas
and regionally and to promote and evaluate
regional and crop-specific nutrient best
management practices. This appropriation is
available until spent.
new text end

new text begin (c) $5,000,000 the first year and $5,000,000
the second year are for the agriculture best
management practices loan program. At
least $4,000,000 the first year and at least
$4,400,000 the second year are for transfer to
the clean water agricultural best management
practices loan account and are available
for pass-through to local governments
and lenders for low-interest loans under
Minnesota Statutes, section 17.117. Any
unencumbered balance that is not used for
pass-through to local governments does not
cancel at the end of the first year and is
available for the second year.
new text end

new text begin (d) $700,000 the first year and $700,000
the second year are for research, pilot
projects, and technical assistance on proper
implementation of best management
practices and more precise information on
nonpoint contributions to impaired waters.
This appropriation is available until spent.
new text end

new text begin (e) $1,050,000 the first year and $1,050,000
the second year are for research to quantify
agricultural contributions to impaired waters
and for development and evaluation of
best management practices to protect and
restore water resources while maintaining
productivity. This appropriation is available
until spent.
new text end

new text begin (f) $250,000 the first year and $250,000 the
second year are for a research inventory
database containing water-related research
activities.
new text end

Sec. 3. new text begin PUBLIC FACILITIES AUTHORITY new text end

new text begin $ new text end

new text begin 16,710,000 new text end

new text begin $ new text end

new text begin 16,710,000 new text end

new text begin (a) $11,185,000 the first year and
$11,185,000 the second year are for the total
maximum daily load grant program under
Minnesota Statutes, section 446A.073. This
appropriation is available until spent.
new text end

new text begin (b) $4,275,000 the first year and $4,275,000
the second year are for the clean water legacy
phosphorus reduction grant program under
Minnesota Statutes, section 446A.074. This
appropriation is available until spent.
new text end

new text begin (c) $1,250,000 the first year and $1,250,000
the second year are for small community
wastewater treatment grants and loans under
Minnesota Statutes, section 446A.075. This
appropriation is available until spent.
new text end

new text begin (d) If there are any uncommitted funds at the
end of each fiscal year under paragraph (a),
(b), or (c), the Public Facilities Authority
may transfer the remaining funds to eligible
projects under any of the programs listed
in this section based on their priority rank
on the Pollution Control Agency's project
priority list.
new text end

Sec. 4. new text begin POLLUTION CONTROL AGENCY new text end

new text begin $ new text end

new text begin 24,100,000 new text end

new text begin $ new text end

new text begin 22,600,000 new text end

new text begin (a) $7,500,000 the first year and $7,500,000
the second year are for completion of 20
percent of the needed statewide assessments
of surface water quality and trends. Of
this amount, $100,000 the first year and
$100,000 the second year are for grants
to the Red River Watershed Management
Board to enhance and expand the existing
water quality and watershed monitoring river
watch activities in the schools in the Red
River of the North. The Red River Watershed
Management Board shall provide a report to
the commissioner of the Pollution Control
Agency and the legislative committees and
divisions with jurisdiction over environment
and natural resources finance and policy and
the clean water fund by February 15, 2013,
on the expenditure of these funds.
new text end

new text begin (b) $9,400,000 the first year and $9,400,000
the second year are to develop total maximum
daily load (TMDL) studies and TMDL
implementation plans for waters listed on
the United States Environmental Protection
Agency approved impaired waters list in
accordance with Minnesota Statutes, chapter
114D. The agency shall complete an average
of ten percent of the TMDL's each year over
the biennium.
new text end

new text begin (c) $1,125,000 the first year and $1,125,000
the second year are for groundwater
assessment, including enhancing the
ambient monitoring network, modeling,
and continuing to monitor for and assess
contaminants of emerging concern.
new text end

new text begin (d) $750,000 the first year and $750,000
the second year are for water quality
improvements in the lower St. Louis River
and Duluth harbor. This appropriation must
be matched at a rate of 65 percent nonstate
money to 35 percent state money.
new text end

new text begin (e) $1,000,000 the first year and $1,000,000
the second year are for the clean water
partnership program to provide grants
to protect and improve the basins and
watersheds of the state and provide financial
and technical assistance to study waters
with nonpoint source pollution problems.
Priority shall be given to projects preventing
impairments and degradation of lakes, rivers,
streams, and groundwater in accordance
with Minnesota Statutes, section 114D.20,
subdivision 2, clause (4). Any balance
remaining in the first year does not cancel
and is available for the second year.
new text end

new text begin (f) $400,000 the first year and $400,000 the
second year are for storm water research and
guidance.
new text end

new text begin (g) $1,150,000 the first year and $1,150,000
the second year are for TMDL research and
database development.
new text end

new text begin (h) $800,000 the first year and $800,000
the second year are for national pollutant
discharge elimination system wastewater and
storm water TMDL implementation efforts.
new text end

new text begin (i) $225,000 the first year and $225,000
the second year are transferred to the
commissioner of administration for the
Environmental Quality Board in cooperation
with the United States Geological Survey
to characterize groundwater flow and
aquifer properties in the I-94 corridor in
cooperation with local units of government.
This appropriation is available until June 30,
2014.
new text end

new text begin (j) $1,000,000 the first year is for
demonstration grants under Minnesota
Statutes, section 116.195, to ethanol plants
for improvements that reuse stormwater or
wastewater.
new text end

new text begin (k) $500,000 the first year is for a wild rice
standards study.
new text end

new text begin (l) $250,000 the first year and $250,000
the second year are for groundwater
protection or prevention of groundwater
degradation activities through enhancing the
county-level delivery system for subsurface
sewage treatment systems (SSTS). The
commissioner shall consult with the SSTS
Compliance Task Force in developing a
distribution allocation for the county base
grants.
new text end

new text begin (m) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2013,
as grants or contracts in this section are
available until June 30, 2016.
new text end

Sec. 5. new text begin DEPARTMENT OF NATURAL RESOURCES new text end

new text begin $ new text end

new text begin 11,160,000 new text end

new text begin $ new text end

new text begin 10,160,000 new text end

new text begin (a) $1,825,000 the first year and $1,825,000
the second year are for the continuation and
expansion of stream flow monitoring.
new text end

new text begin (b) $1,150,000 the first year and $1,150,000
the second year are for lake Index of
Biological Integrity (IBI) assessments,
including assessment of 400 additional lakes
and technical analysis to develop an aquatic
plant IBI analysis. The commissioner shall
work with the commissioner of the Pollution
Control Agency on the development of an
assessment tool.
new text end

new text begin (c) $130,000 the first year and $130,000
the second year are for assessing mercury
contamination of fish, including monitoring
to track the status of waters impaired by
mercury and mercury reduction efforts over
time.
new text end

new text begin (d) $1,730,000 the first year and $1,730,000
the second year are for TMDL development
and TMDL implementation plans for waters
listed on the United States Environmental
Protection Agency approved impaired waters
list in accordance with Minnesota Statutes,
chapter 114D, and for development of a
watershed assessment tool.
new text end

new text begin (e) $1,500,000 the first year and $1,500,000
the second year are for water supply
planning, aquifer protection, and monitoring
activities.
new text end

new text begin (f) $450,000 the first year and $450,000 the
second year are for establishing a Web-based
electronic permitting system to capture water
appropriation use information.
new text end

new text begin (g) $1,725,000 the first year and $1,725,000
the second year are for shoreland
stewardship, TMDL implementation
coordination, providing technical assistance
to the Drainage Work Group and Drainage
Management Team, and maintaining and
updating data. Of this amount, $235,000
each year is for maintaining and updating
watershed boundaries and integrating
high-resolution digital elevation data with
watershed modeling and $40,000 each year
is for a biomonitoring database. TMDL
implementation coordination efforts shall be
focused on major watersheds with TMDL
implementation plans, including forested
watersheds.
new text end

new text begin (h) $1,350,000 the first year and $1,350,000
the second year are to acquire and distribute
high-resolution digital elevation data using
light detection and ranging to aid with
impaired waters modeling and TMDL
implementation under Minnesota Statutes,
chapter 114D. The money shall be used to
collect data for areas of the state that have not
acquired such data prior to January 1, 2007,
or to complete acquisition and distribution
of the data for those areas of the state that
have not previously received state funds for
acquiring and distributing the data. Mapping
and data set distribution under this paragraph
must be completed within three years of
funds availability. The commissioner shall
utilize department staff whenever possible.
The commissioner may contract for services
only if the services cannot otherwise be
provided by the department.
new text end

new text begin (i) $300,000 the first year and $300,000
the second year are for delivery of decision
support tools through outreach, education,
and citizen engagement.
new text end

new text begin (j) $1,000,000 the first year is for
implementation of the metropolitan
groundwater monitoring and protection
activities under Minnesota Laws 2010,
chapter 361, article 2, section 4, subdivision
2, clauses (1) and (2).
new text end

Sec. 6. new text begin BOARD OF WATER AND SOIL RESOURCES new text end

new text begin $ new text end

new text begin 26,992,000 new text end

new text begin $ new text end

new text begin 26,992,000 new text end

new text begin (a) $13,750,000 the first year and
$13,750,000 the second year are for
pollution reduction and restoration grants
to local government units and joint powers
organizations of local government units to
protect surface water and drinking water; to
keep water on the land; to protect, enhance,
and restore water quality in lakes, rivers,
and streams; and to protect groundwater
and drinking water, including feedlot water
quality and subsurface sewage treatment
system (SSTS) projects and stream bank,
stream channel, and shoreline restoration
projects. The projects must be of long-lasting
public benefit, include a match, and be
consistent with TMDL implementation plans
or local water management plans.
new text end

new text begin (b) $3,000,000 the first year and $3,000,000
the second year are for targeted local
resource protection and enhancement grants.
The board shall give priority consideration
to projects and practices that complement,
supplement, or exceed current state standards
for protection, enhancement, and restoration
of water quality in lakes, rivers, and streams
or that protect groundwater from degradation.
Of this amount, at least $1,500,000 each year
is for county SSTS implementation.
new text end

new text begin (c) $900,000 the first year and $900,000 the
second year are to provide state oversight
and accountability, evaluate results, and
measure the value of conservation program
implementation by local governments,
including submission to the legislature
by March 1 each year an annual report
prepared by the board, in consultation with
the commissioners of natural resources,
health, agriculture, and the Pollution Control
Agency, detailing the recipients and projects
funded under this section. The board shall
require grantees to specify the outcomes that
will be achieved by the grants prior to any
grant awards.
new text end

new text begin (d) $1,000,000 the first year and $1,000,000
the second year are for technical assistance
and grants for the conservation drainage
program in consultation with the Drainage
Work Group, created under Minnesota
Statutes, section 103B.101, subdivision
13, that consists of projects to retrofit
existing drainage systems with water quality
improvement practices, evaluate outcomes,
and provide outreach to landowners, public
drainage authorities, drainage engineers and
contractors, and others.
new text end

new text begin (e) $5,800,000 the first year and $5,800,000
the second year are to purchase and restore
permanent conservation easements on
riparian buffers adjacent to public waters,
excluding wetlands, to keep water on the
land in order to decrease sediment, pollutant,
and nutrient transport; reduce hydrologic
impacts to surface waters; and increase
infiltration for groundwater recharge. The
riparian buffers must be at least 50 feet
unless there is a natural impediment, a road,
or other impediment beyond the control
of the landowner. This appropriation may
be used for restoration of riparian buffers
protected by easements purchased with
this appropriation and for stream bank
restorations when the riparian buffers have
been restored.
new text end

new text begin (f) $1,000,000 the first year and $1,000,000
the second year are for permanent
conservation easements on wellhead
protection areas under Minnesota Statutes,
section 103F.515, subdivision 2, paragraph
(d). Priority must be placed on land that
is located where the vulnerability of the
drinking water supply is designated as high
or very high by the commissioner of health.
new text end

new text begin (g) $1,500,000 the first year and $1,500,000
the second year are for community partners
grants to local units of government for:
(1) structural or vegetative management
practices that reduce storm water runoff
from developed or disturbed lands to reduce
the movement of sediment, nutrients, and
pollutants for restoration, protection, or
enhancement of water quality in lakes, rivers,
and streams and to protect groundwater
and drinking water; and (2) installation
of proven and effective water retention
practices including, but not limited to, rain
gardens and other vegetated infiltration
basins and sediment control basins in order
to keep water on the land. The projects
must be of long-lasting public benefit,
include a local match, and be consistent with
TMDL implementation plans or local water
management plans. Local government unit
staff and administration costs may be used
as a match.
new text end

new text begin (h) $42,000 the first year and $42,000 the
second year are for a technical assistance
panel to conduct up to ten restoration audits
under Minnesota Statutes, section 114D.50,
subdivision 6.
new text end

new text begin (i) The board shall contract for services
with Conservation Corps Minnesota for
restoration, maintenance, and other activities
under this section for $500,000 the first year
and $500,000 the second year.
new text end

new text begin (j) The board may shift grant or cost-share
funds in this section and may adjust the
technical and administrative assistance
portion of the funds to leverage federal or
other nonstate funds or to address oversight
responsibilities or high-priority needs
identified in local water management plans.
new text end

new text begin (k) The appropriations in this section are
available until June 30, 2014.
new text end

Sec. 7. new text begin DEPARTMENT OF HEALTH new text end

new text begin $ new text end

new text begin 2,988,000 new text end

new text begin $ new text end

new text begin 3,050,000 new text end

new text begin (a) $1,020,000 the first year and $1,020,000
the second year are for addressing public
health concerns related to contaminants
found in Minnesota drinking water for which
no health-based drinking water standard
exists.
new text end

new text begin (b) $1,415,000 the first year and $1,415,000
the second year are for protection of drinking
water sources.
new text end

new text begin (c) $250,000 the first year and $250,000 the
second year are for cost-share assistance to
public and private well owners for up to 50
percent of the cost of sealing unused wells.
new text end

new text begin (d) $303,000 the first year and $365,000 the
second year are to expand the county well
index.
new text end

Sec. 8. new text begin METROPOLITAN COUNCIL new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin $500,000 the first year and $500,000 the
second year are for implementation of the
master water supply plan developed under
Minnesota Statutes, section 473.1565.
new text end

Sec. 9. new text begin LEGISLATURE new text end

new text begin $ new text end

new text begin 211,000 new text end

new text begin $ new text end

new text begin 200,000 new text end

new text begin $200,000 the first year and $200,000
the second year are to the Legislative
Coordinating Commission for administrative
expenses of the Clean Water Council and for
compensation and expense reimbursement
of council members.
new text end

new text begin $11,000 the first year is for the Legislative
Coordinating Commission for the costs of
developing and implementing a Web site to
contain information on projects receiving
appropriations from the clean water fund and
other constitutionally dedicated funds.
new text end

Sec. 10. new text begin DEPARTMENT OF ADMINISTRATION new text end

new text begin $ new text end

new text begin 154,000 new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $154,000 the first year is for a grant to
the Cowles Center for Dance and the
Performing Arts for construction operations
in Minneapolis relating to the proper capping
and sealing of the abandoned well that once
served the former West Hotel, to include costs
related to the removal of any oil-lubricated
pumps or other debris in a manner that does
not compromise the two aquifers through
which the well runs and any other expenses
necessary to receive a certificate of full
compliance from the commissioner of health.
new text end

Sec. 11. new text begin CARRYFORWARD new text end

new text begin new text end

new text begin new text end

new text begin new text end

new text begin new text end

new text begin (a) The appropriations in Laws 2009, chapter
172, article 2, section 4, paragraph (g), as
amended by Laws 2010, chapter 361, article
2, section 2, are available until June 30,
2013, and may be spent to continue research
and testing on the potential for coal tar
contamination of waters, on the study of
treatment and disposal options, and for grants
to local units of government.
new text end

new text begin (b) The appropriation in Laws 2010, chapter
361, article 2, section 4, subdivision 1, for
nitrogen and nitrate water quality standards
rulemaking is available until June 30, 2012.
new text end

new text begin (c) The appropriations in Laws 2009, chapter
172, article 2, section 4, paragraph (a),
as amended by Laws 2010, chapter 361,
article 2, section 2, for total maximum
daily load (TDML) study development and
implementation are available until June 30,
2014.
new text end

new text begin (d) The appropriations in Laws 2009, chapter
172, article 2, section 2, paragraph (d),
for research and pilot projects related to
ways agricultural practices contribute to
restoring impaired waters and assist with the
development of TMDL plans, are available
until spent.
new text end

Sec. 12.

Minnesota Statutes 2010, section 10A.01, subdivision 35, is amended to read:

Subd. 35.

Public official.

"Public official" means any:

(1) member of the legislature;

(2) individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
legislative analyst, or attorney in the Office of Senate Counsel and Research or House
Research;

(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;

(4) solicitor general or deputy, assistant, or special assistant attorney general;

(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;

(6) member, chief administrative officer, or deputy chief administrative officer of a
state board or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;

(7) individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

(8) executive director of the State Board of Investment;

(9) deputy of any official listed in clauses (7) and (8);

(10) judge of the Workers' Compensation Court of Appeals;

(11) administrative law judge or compensation judge in the State Office of
Administrative Hearings or unemployment law judge in the Department of Employment
and Economic Development;

(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;

(13) member or chief administrator of a metropolitan agency;

(14) director of the Division of Alcohol and Gambling Enforcement in the
Department of Public Safety;

(15) member or executive director of the Higher Education Facilities Authority;

(16) member of the board of directors or president of Enterprise Minnesota, Inc.;

(17) member of the board of directors or executive director of the Minnesota State
High School League;

(18) member of the Minnesota Ballpark Authority established in section 473.755;

(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;

(20) manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13;

(21) supervisor of a soil and water conservation district;

(22) director of Explore Minnesota Tourism; deleted text begin or
deleted text end

(23) citizen member of the Lessard-Sams Outdoor Heritage Council established in
section 97A.056 new text begin ; or
new text end

new text begin (24) a citizen member of the Clean Water Council established in section 114D.31 new text end .

Sec. 13.

Minnesota Statutes 2010, section 114D.10, is amended to read:

114D.10 LEGISLATIVE PURPOSE AND FINDINGS.

Subdivision 1.

Purpose.

The purpose of the Clean Water Legacy Act is to protect,
new text begin enhance, and new text end restore deleted text begin , and preserve the deleted text end new text begin water new text end quality deleted text begin of Minnesota's surface waters deleted text end new text begin in
lakes, rivers, and streams and to protect groundwater from degradation, new text end by providing
authority, direction, and resources to achieve and maintain water quality standards for
new text begin groundwater and new text end surface waters deleted text begin as deleted text end new text begin , including the standards new text end required by section 303(d)
of the federal Clean Water Act, United States Code, title 33, section 1313(d), and new text begin other new text end
applicable new text begin state and new text end federal regulations.

Subd. 2.

Findings.

The legislature finds that:

(1) there is a close link between protecting, new text begin enhancing, and new text end restoring deleted text begin , and preserving deleted text end
the quality of Minnesota's new text begin groundwater and new text end surface waters and the ability to develop the
state's economy, enhance its quality of life, and protect its human and natural resources;

(2) achieving the state's water quality goals will require long-term commitment and
cooperation by all state and local agencies, and other public and private organizations
and individuals, with responsibility and authority for water management, planning, and
protection; and

(3) all persons and organizations whose activities affect the quality of waters,
including point and nonpoint sources of pollution, have a responsibility to participate in
and support efforts to achieve the state's water quality goals.

Sec. 14.

Minnesota Statutes 2010, section 114D.20, subdivision 1, is amended to read:

Subdivision 1.

Coordination and cooperation.

In implementing this chapter,
public agencies and private entities shall take into consideration the relevant provisions of
local and other applicable water management, conservation, land use, land management,
and development plans and programs. Public agencies with authority for local water
management, conservation, land use, land management, and development plans shall
take into consideration the manner in which their plans affect the implementation of
this chapter. Public agencies shall identify opportunities to participate and assist in the
successful implementation of this chapter, including the funding or technical assistance
needs, if any, that may be necessary. In implementing this chapter, public agencies shall
endeavor to engage the cooperation of organizations and individuals whose activities
affect the quality of new text begin groundwater or new text end surface waters, including point and nonpoint sources
of pollution, and who have authority and responsibility for water management, planning,
and protection. To the extent practicable, public agencies shall endeavor to enter into
formal and informal agreements and arrangements with federal agencies and departments
to jointly utilize staff and educational, technical, and financial resources to deliver
programs or conduct activities to achieve the intent of this chapter, including efforts
under the federal Clean Water Act and other federal farm and soil and water conservation
programs. Nothing in this chapter affects the application of silvicultural exemptions under
any federal, state, or local law or requires silvicultural practices more stringent than those
recommended in the timber harvesting and forest management guidelines adopted by the
Minnesota Forest Resources Council under section 89A.05.

Sec. 15.

Minnesota Statutes 2010, section 114D.20, subdivision 2, is amended to read:

Subd. 2.

Goals for implementation.

The following goals must guide the
implementation of this chapter:

(1) to identify impaired waters in accordance with federal TMDL requirements
within ten years after the effective date of this section and thereafter to ensure continuing
evaluation of surface waters for impairments;

(2) to submit TMDL's to the United States Environmental Protection Agency for all
impaired waters in a timely manner in accordance with federal TMDL requirements;

(3) to set a reasonable time for implementing restoration of each identified impaired
water;

(4) to provide assistance and incentives to prevent waters from becoming impaired
and to improve the quality of waters that are listed as impaired but do not have an
approved TMDL addressing the impairment;

(5) to promptly seek the delisting of waters from the impaired waters list when those
waters are shown to achieve the designated uses applicable to the waters; deleted text begin and
deleted text end

(6) to achieve compliance with federal Clean Water Act requirements in Minnesota deleted text begin . deleted text end new text begin ;
new text end

new text begin (7) to support effective measures to prevent the degradation of groundwater
according to the groundwater degradation prevention goal under section 103H.001; and
new text end

new text begin (8) to support effective measures to restore degraded groundwater.
new text end

Sec. 16.

Minnesota Statutes 2010, section 114D.20, subdivision 3, is amended to read:

Subd. 3.

Implementation policies.

The following policies must guide the
implementation of this chapter:

(1) develop regional and watershed TMDL's and TMDL implementation plans, and
TMDL's and TMDL implementation plans for multiple pollutants, where reasonable and
feasible;

(2) maximize use of available organizational, technical, and financial resources to
perform sampling, monitoring, and other activities to identify new text begin degraded groundwater and new text end
impaired waters, including use of citizen monitoring and citizen monitoring data used
by the Pollution Control Agency in assessing water quality deleted text begin must meet deleted text end new text begin that meets new text end the
requirements in Appendix D of the Volunteer Surface Water Monitoring Guide, Minnesota
Pollution Control Agency (2003);

(3) maximize opportunities for restoration of new text begin degraded groundwater and new text end impaired
waters, by prioritizing and targeting of available programmatic, financial, and technical
resources and by providing additional state resources to complement and leverage
available resources;

(4) use existing regulatory authorities to achieve restoration for point and nonpoint
sources of pollution where applicable, and promote the development and use of effective
nonregulatory measures to address pollution sources for which regulations are not
applicable;

(5) use restoration methods that have a demonstrated effectiveness in reducing
impairments and provide the greatest long-term positive impact on water quality protection
and improvement and related conservation benefits while incorporating innovative
approaches on a case-by-case basis;

(6) identify for the legislature any innovative approaches that may strengthen or
complement existing programs;

(7) identify and encourage implementation of measures to prevent new text begin surface new text end waters
from becoming impaired and to improve the quality of waters that are listed as impaired
but have no approved TMDL addressing the impairment using the best available data and
technology, and establish and report outcome-based performance measures that monitor
the progress and effectiveness of protection and restoration measures; deleted text begin and
deleted text end

(8) monitor and enforce cost-sharing contracts and impose monetary damages in an
amount up to 150 percent of the financial assistance received for failure to comply deleted text begin . deleted text end new text begin ; and
new text end

new text begin (9) identify and encourage implementation of measures to prevent groundwater from
becoming degraded and measures that restore groundwater resources.
new text end

Sec. 17.

Minnesota Statutes 2010, section 114D.20, subdivision 6, is amended to read:

Subd. 6.

Priorities for restoration of impaired waters.

In implementing
restoration of impaired waters, in addition to the priority considerations in subdivision 5,
the Clean Water Council shall give priority in its recommendations for restoration funding
from the clean water deleted text begin legacy account deleted text end new text begin fund new text end to restoration projects that:

(1) coordinate with and utilize existing local authorities and infrastructure for
implementation;

(2) can be implemented in whole or in part by providing support for existing or
ongoing restoration efforts;

(3) most effectively leverage other sources of restoration funding, including federal,
state, local, and private sources of funds;

(4) show a high potential for early restoration and delisting based upon scientific
data developed through public agency or citizen monitoring or other means; and

(5) show a high potential for long-term water quality and related conservation
benefits.

Sec. 18.

Minnesota Statutes 2010, section 114D.20, subdivision 7, is amended to read:

Subd. 7.

Priorities for funding prevention actions.

The Clean Water Council
shall apply the priorities applicable under subdivision 6, as far as practicable, when
recommending priorities for funding actions to prevent new text begin groundwater and surface new text end waters
from becoming new text begin degraded or new text end impaired and to improve the quality of new text begin surface new text end waters that are
listed as impaired but do not have an approved TMDL.

Sec. 19.

new text begin [114D.31] CLEAN WATER COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; membership. new text end

new text begin (a) The Clean Water Council of 12
members is created in the legislative branch, consisting of:
new text end

new text begin (1) two public members appointed by the senate Subcommittee on Committees of
the Committee on Rules and Administration;
new text end

new text begin (2) two public members appointed by the speaker of the house;
new text end

new text begin (3) four public members appointed by the governor;
new text end

new text begin (4) two members of the senate one appointed by the majority leader and one
appointed by the minority leader of the senate; and
new text end

new text begin (5) two members of the house of representatives one appointed by the speaker of the
house and one appointed by the minority leader of the house.
new text end

new text begin (b) Members appointed under paragraph (a) must not be registered lobbyists.
In making appointments, the governor, senate Subcommittee on Committees of the
Committee on Rules and Administration, and the speaker of the house shall consider
geographic balance, gender, age, ethnicity, and varying interests. The governor's
appointments to the council are subject to the advice and consent of the senate.
new text end

new text begin (c) Public members appointed under paragraph (a) shall have practical experience
or expertise or demonstrated knowledge in the science, policy, or practice of restoring,
protecting, and enhancing the water quality in lakes, rivers, and streams, and protecting
groundwater from degradation.
new text end

new text begin (d) Legislative members appointed under paragraph (a) shall include the chairs
of the legislative committees with jurisdiction over environment and natural resources
finance or their designee, one member from the minority party of the senate, and one
member from the minority party of the house of representatives. Legislative members
shall serve at the pleasure of the appointing authority.
new text end

new text begin (e) Public members serve four-year terms and shall be initially appointed according
to the following schedule of terms:
new text end

new text begin (1) two public members appointed by the governor for a term ending the first
Monday in January 2013;
new text end

new text begin (2) one public member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2013;
new text end

new text begin (3) one public member appointed by the speaker of the house for a term ending
the first Monday in January 2013;
new text end

new text begin (4) two public members appointed by the governor for a term ending the first
Monday in January 2015;
new text end

new text begin (5) one public member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2015; and
new text end

new text begin (6) one public member appointed by the speaker of the house for a term ending
the first Monday in January 2015.
new text end

new text begin (f) Terms, compensation, and removal of public members are as provided in section
15.0575. A vacancy on the council may be filled by the appointing authority for the
remainder of the unexpired term.
new text end

new text begin (g) The first meeting of the council shall be convened by the chair of the Legislative
Coordinating Commission no later than November 15, 2011. Members shall elect a chair,
vice-chair, secretary, and other officers as determined by the council. The chair may
convene meetings as necessary to conduct the duties prescribed by this section.
new text end

new text begin (h) Upon coordination with the Legislative Coordinating Commission, the council
may appoint nonpartisan staff and contract with consultants as necessary to carry out the
functions of the council. Up to one percent of the annual revenue to the fund may be used
to pay for administrative expenses of the council and for compensation and expense
reimbursement of council members.
new text end

new text begin Subd. 2. new text end

new text begin Council recommendations. new text end

new text begin (a) By January 15 of each odd-numbered year,
the council shall make recommendations to the legislature on appropriations of money
from the clean water fund and other policies under this chapter that are consistent with the
Constitution and state law and that will achieve the outcomes of existing water plans.
new text end

new text begin (b) Recommendations of the council, including approval of recommendations for the
clean water fund, require an affirmative vote of at least nine members of the council.
new text end

new text begin (c) The council may work with the Lessard-Sams Outdoor Heritage Council, the
Legislative-Citizen Commission on Minnesota Resources, appropriate state agencies,
soil and water conservation districts, and experts from Minnesota State Colleges and
Universities and the University of Minnesota in developing the council's recommendations.
new text end

new text begin (d) The council shall develop and implement a process that ensures that citizens
and potential recipients of funds are included throughout the process, including the
development and finalization of the council's recommendations. The process must include
a fair, equitable, and thorough process for reviewing requests for funding and a clear and
easily understood process for ranking projects.
new text end

new text begin Subd. 3. new text end

new text begin Conflict of interest. new text end

new text begin (a) A council member may not be an advocate for
or against a council action or vote on any action that may be a conflict of interest. A
conflict of interest must be disclosed as soon as it is discovered. The council shall follow
the policies and requirements related to conflicts of interest developed by the Office of
Grants Management under section 16B.98.
new text end

new text begin (b) For the purposes of this section, a "conflict of interest" exists when a person has
an organizational conflict of interest or direct financial interests and those interests present
the appearance that it will be difficult for the person to impartially fulfill the person's duty.
An "organizational conflict of interest" exists when a person has an affiliation with an
organization that is subject to council activities that presents the appearance of a conflict
between organizational interests and council member duties. An "organizational conflict
of interest" does not exist if the person's only affiliation with an organization is being a
member of the organization.
new text end

new text begin Subd. 4. new text end

new text begin Open meetings. new text end

new text begin (a) Meetings of the council and other groups the council
may establish are open to the public. Except where prohibited by law, the council
shall establish additional processes to broaden public involvement in all aspects of its
deliberations, including recording meetings, video conferencing, and publishing minutes.
For the purposes of this subdivision, a meeting occurs when a quorum is present and the
members take action on any matter relating to the duties of the council. The quorum
requirement for the council is seven members.
new text end

new text begin (b) For legislative members of the council, enforcement of this subdivision is
governed by section 3.055, subdivision 2. For nonlegislative members of the council,
enforcement of this subdivision is governed by section 13D.06, subdivisions 1 and 2.
new text end

new text begin Subd. 5. new text end

new text begin Audit. new text end

new text begin The legislative auditor shall audit the clean water fund expenditures,
including administrative and staffing expenditures, to ensure that the money is spent in
compliance with all applicable law and the Constitution.
new text end

Sec. 20.

Minnesota Statutes 2010, section 114D.35, is amended to read:

114D.35 PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC
REVIEW; EDUCATION.

Subdivision 1.

Public and stakeholder participation.

Public agencies and private
entities involved in the implementation of this chapter shall encourage participation by
the public and stakeholders, including local citizens, landowners and managers, and
public and private organizations, in deleted text begin the identification of deleted text end new text begin identifying new text end impaired waters, in
developing TMDL's, deleted text begin and deleted text end in planning, priority setting, and implementing restoration of
impaired waters new text begin , in identifying degraded groundwater, and in protecting and restoring
groundwater resources new text end . In particular, the Pollution Control Agency shall make reasonable
efforts to provide timely information to the public and to stakeholders about impaired
waters that have been identified by the agency. The agency shall seek broad and early
public and stakeholder participation in scoping the activities necessary to develop a
TMDL, including the scientific models, methods, and approaches to be used in TMDL
development, and to implement restoration pursuant to section 114D.15, subdivision 7.

Subd. 2.

Expert scientific advice.

The Clean Water Council and public agencies
and private entities shall make use of available public and private expertise from
educational, research, and technical organizations, including the University of Minnesota
and other higher education institutions, to provide appropriate independent expert advice
on models, methods, and approaches used in identifying new text begin degraded ground water and
new text end impaired waters, developing TMDL's, and implementing prevention and restoration.

Subd. 3.

Education.

The Clean Water Council shall develop strategies for
informing, educating, and encouraging the participation of citizens, stakeholders,
and others regarding the identification of impaired waters, development of TMDL's,
development of TMDL implementation plans, deleted text begin and deleted text end implementation of restoration for
impaired waters new text begin , identification of degraded groundwater, and protection and restoration
of groundwater resources new text end . Public agencies shall be responsible for implementing the
strategies.

Sec. 21.

Minnesota Statutes 2010, section 114D.50, subdivision 6, is amended to read:

Subd. 6.

Restoration evaluations.

deleted text begin Beginning July 1, 2011, deleted text end The Board of Water
and Soil Resources deleted text begin shall deleted text end new text begin may new text end convene a technical evaluation panel comprised of five
members, including one technical representative from the Board of Water and Soil
Resources, one technical representative from the Department of Natural Resources,
one technical expert from the University of Minnesota or the Minnesota State Colleges
and Universities, and two representatives with expertise related to the project being
evaluated. The board may add a technical representative from a unit of federal or local
government. The members of the technical evaluation panel may not be associated with
the restoration, may vary depending upon the projects being reviewed, and shall avoid
any potential conflicts of interest. Each year, the board deleted text begin shall deleted text end new text begin may new text end assign a coordinator
to identify a sample of up to ten habitat restoration projects completed with clean water
funding. The coordinator shall secure the restoration plans for the projects specified and
direct the technical evaluation panel to evaluate the restorations relative to the law, current
science, and the stated goals and standards in the restoration plan deleted text begin and, when applicable, to
the Board of Water and Soil Resources' native vegetation establishment and enhancement
guidelines deleted text end . The coordinator shall summarize the findings of the panel and provide a
report to the chairs of the respective house of representatives and senate policy and
finance committees with jurisdiction over natural resources and spending from the clean
water fund. The report shall determine if the restorations are meeting planned goals, any
problems with the implementation of restorations, and, if necessary, recommendations on
improving restorations. The report shall be focused on improving future restorations. Up
to one-tenth of one percent of forecasted receipts from the clean water fund may be used
for restoration evaluations under this section.

Sec. 22.

Minnesota Statutes 2010, section 116.195, is amended to read:

116.195 BENEFICIAL USE OF WASTEWATER new text begin AND STORM WATER new text end ;
CAPITAL GRANTS FOR DEMONSTRATION PROJECTS.

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms
have the meanings given them.

(b) "Agency" means the Pollution Control Agency.

(c) "Beneficial use of wastewater new text begin or storm water new text end " means new text begin :
new text end

new text begin (1) new text end use of the effluent from a wastewater treatment plant that replaces use of
groundwater new text begin ; or
new text end

new text begin (2) use of storm water that replaces the use of groundwater new text end .

(d) "Capital project" means the acquisition or betterment of public land, buildings,
and other public improvements of a capital nature for the treatment of wastewater intended
for beneficial use new text begin or for the use of storm water to replace groundwater use new text end . Capital project
includes projects to retrofit, expand, or construct new treatment facilities.

Subd. 2.

Grants for capital project design.

The agency shall make grant awards
to political subdivisions for up to 50 percent of the costs to predesign and design capital
projects that demonstrate the beneficial use of wastewater new text begin or storm water new text end . The maximum
amount for a grant under this subdivision is $500,000. The grant agreement must provide
that the predesign and design work being funded is public information and available to
anyone without charge. The agency must make the predesign and design work available
on its Web site.

Subd. 3.

Grants for capital project implementation.

The agency shall make grant
awards to political subdivisions for up to 50 percent of the costs to acquire, construct,
install, furnish, and equip capital projects that demonstrate the beneficial use of wastewater new text begin
or storm water new text end . The political subdivision must submit design plans and specifications
to the agency as part of the application.

The agency must consult with the Public Facilities Authority and the commissioner
of natural resources in reviewing and ranking applications for grants under this section.

The application must identify the uses of the treated wastewater new text begin or storm water
new text end and greater weight will be given to applications that include a binding commitment to
participate by the user or users.

The agency must give preference to projects that will reduce use of the greatest
volume of groundwater from aquifers with the slowest rate of recharge.

Subd. 4.

Application form; procedures.

The agency shall develop an application
form and procedures.

Subd. 5.

Reports.

The agency shall report by February 1 of each year to the chairs
of the house of representatives and senate committees with jurisdiction over environment
policy and finance and capital investment on the grants made and projects funded under
this section. For each demonstration project funded, the report must include information
on the scale of water constraints for the area, the volume of treated wastewater deleted text begin supply deleted text end new text begin
supplied or storm water available new text end , the quality of new text begin the storm water or new text end treated wastewater
supplied and treatment implications for the industrial user, impacts to stream flow and
downstream users, and any considerations related to water appropriation and discharge
permits.

Sec. 23. new text begin CIVIC ENGAGEMENT AND PUBLIC EDUCATION.
new text end

new text begin A recipient of funds appropriated in this article shall incorporate civic engagement
and public education when implementing projects and programs funded under this article.
new text end

Sec. 24. new text begin AVAILABILITY OF APPROPRIATIONS.
new text end

new text begin Money appropriated in this article may not be spent on activities unless they are
directly related to and necessary for a specific appropriation.
new text end

Sec. 25. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 114D.30; and 114D.45, new text end new text begin are repealed.
new text end

ARTICLE 3

PARKS AND TRAILS FUND

Section 1. new text begin PARKS AND TRAILS FUND APPROPRIATIONS. 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 article. The appropriations are from the
parks and trails fund and are available for the fiscal years indicated for each purpose. The
figures "2012" and "2013" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively.
"The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium"
is fiscal years 2012 and 2013. The appropriations in this article 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 2012 new text end		new text begin 2013 new text end

Sec. 2. new text begin DEPARTMENT OF NATURAL RESOURCES new text end

new text begin $ new text end

new text begin 24,182,000 new text end

new text begin $ new text end

new text begin 23,511,000 new text end

new text begin (a) $15,437,000 the first year and
$15,007,000 the second year are for state
parks, recreation areas, and trails to:
new text end

new text begin (1) connect people to the outdoors;
new text end

new text begin (2) acquire land and create opportunities for
accessibility;
new text end

new text begin (3) maintain existing holdings; and
new text end

new text begin (4) develop a comprehensive, integrated,
and accessible database and Web site and
coordinate the implementation of the 25-year
long-range parks and trails legacy plan.
new text end

new text begin (b) $8,707,000 the first year and $8,466,000
the second year are for grants under
Minnesota Statutes, section 85.535. Up
to 2.5 percent of this appropriation may
be used for administering the grants. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
new text end

new text begin (c) $38,000 the first year and $38,000 the
second year are for a technical assistance
panel to conduct up to ten restoration audits
under Minnesota Statutes, section 85.53,
subdivision 5.
new text end

Sec. 3. new text begin METROPOLITAN COUNCIL new text end

new text begin $ new text end

new text begin 15,437,000 new text end

new text begin $ new text end

new text begin 15,007,000 new text end

new text begin (a) $15,437,000 the first year and
$15,007,000 the second year are to be
distributed as required under Minnesota
Statutes, section 85.53, subdivision 3.
new text end

new text begin (b) The Metropolitan Council shall submit
a report on the expenditure and use of
money appropriated under this section to
the legislature as provided in Minnesota
Statutes, section 3.195, by March 1 of each
year. The report must detail the outcomes in
terms of additional use of parks and trails
resources, user satisfaction surveys, and
other appropriate outcomes.
new text end

Sec. 4. new text begin LEGISLATURE new text end

new text begin $ new text end

new text begin 5,000 new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $5,000 the first year is for the Legislative
Coordinating Commission for the costs of
developing and implementing a Web site to
contain information on projects receiving
appropriations from the parks and trails fund
and other constitutionally dedicated funds.
new text end

Sec. 5.

Minnesota Statutes 2010, section 85.013, is amended by adding a subdivision
to read:

new text begin Subd. 15a. new text end

new text begin LaSalle Lake State Recreation Area, Hubbard County.
new text end

Sec. 6.

Minnesota Statutes 2010, section 85.53, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The parks and trails fund is established in the
Minnesota Constitution, article XI, section 15. All money earned by the parks and trails
fund must be credited to the fund. new text begin Subject to appropriation:
new text end

new text begin (1) 39 percent of the proceeds to the parks and trails fund may be spent only on state
parks, recreation areas, and trails;
new text end

new text begin (2) 39 percent of the proceeds to the parks and trails fund may be spent only on
metropolitan parks and trails under subdivision 3; and
new text end

new text begin (3) 22 percent of the proceeds to the parks and trails fund may be spent only on
grants under the parks and trails grants program under section 85.535.
new text end

Sec. 7.

Minnesota Statutes 2010, section 85.53, subdivision 5, is amended to read:

Subd. 5.

Restoration evaluations.

deleted text begin Beginning July 1, 2011, deleted text end The commissioner
of natural resources deleted text begin shall deleted text end new text begin may new text end convene a technical evaluation panel comprised of five
members, including one technical representative from the Board of Water and Soil
Resources, one technical representative from the Department of Natural Resources, one
technical expert from the University of Minnesota or the Minnesota State Colleges and
Universities, and two other representatives with expertise related to the project being
evaluated. The commissioner may add a technical representative from a unit of federal or
local government. The members of the technical evaluation panel may not be associated
with the restoration, may vary depending upon the projects being reviewed, and shall
avoid any potential conflicts of interest. Each year, the commissioner deleted text begin shall deleted text end new text begin may new text end assign
a coordinator to identify a sample of up to ten habitat restoration projects completed
with parks and trails funding. The coordinator shall secure the restoration plans for the
projects specified and direct the technical evaluation panel to evaluate the restorations
relative to the law, current science, and the stated goals and standards in the restoration
plan deleted text begin and, when applicable, to the Board of Water and Soil Resources' native vegetation
establishment and enhancement guidelines deleted text end . The coordinator shall summarize the findings
of the panel and provide a report to the chairs of the respective house of representatives
and senate policy and finance committees with jurisdiction over natural resources and
spending from the parks and trails fund. The report shall determine if the restorations are
meeting planned goals, any problems with the implementation of restorations, and, if
necessary, recommendations on improving restorations. The report shall be focused on
improving future restorations. Up to one-tenth of one percent of forecasted receipts from
the parks and trails fund may be used for restoration evaluations under this section.

Sec. 8.

Minnesota Statutes 2010, section 85.535, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The commissioner of natural resources shall
administer a program to provide grants from the parks and trails fund to support parks and
trails of regional or statewide significance. Grants shall not be made under this section for new text begin :
new text end

new text begin (1) new text end state parks, state recreational areas, or state trails deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) parks and trails within the metropolitan area, as defined in section 473.121,
subdivision 2.
new text end

Sec. 9. new text begin LASALLE LAKE STATE RECREATION AREA.
new text end

new text begin Subdivision 1. new text end

new text begin LaSalle Lake State Recreation Area, Hubbard County. new text end

new text begin The
LaSalle Lake State Recreation Area is established in Hubbard County.
new text end

new text begin Subd. 2. new text end

new text begin Boundaries. new text end

new text begin The following described lands are located within the
boundaries of the LaSalle Lake State Recreation Area, all in Hubbard County:
new text end

new text begin (1) the Southwest Quarter of the Southwest Quarter and the Northwest Quarter of the
Southwest Quarter, except the East 10 acres thereof, of Section 29; the Northeast Quarter
of the Northeast Quarter, the Northwest Quarter of the Northeast Quarter, the Southwest
Quarter of the Northeast Quarter, the Northeast Quarter of the Southwest Quarter, the
Southeast Quarter of the Northwest Quarter, the Southeast Quarter of the Northeast
Quarter, and Government Lots 2, 3, 4, 5, 6, 7, 8, and 9, of Section 30; Government Lots 1,
2, 5, 6, 7, 8, 9, and 10, of Section 31; and Government Lots 1 and 4 of Section 32; all in
Township 145 North, Range 35 West; and
new text end

new text begin (2) Government Lot 12, Section 19, Township 145 North, Range 35.
new text end

new text begin Subd. 3. new text end

new text begin Administration. new text end

new text begin The commissioner of natural resources shall administer
the area according to Minnesota Statutes, section 86A.05, subdivision 3, subject to
existing rules and regulations for state recreation areas. LaSalle Lake State Recreation
Area shall be administered as a satellite unit of Itasca State Park.
new text end

Sec. 10. new text begin AVAILABILITY OF APPROPRIATIONS.
new text end

new text begin Money appropriated in this article may not be spent on activities unless they are
directly related to and necessary for a specific appropriation.
new text end

ARTICLE 4

ARTS AND CULTURAL HERITAGE FUND

Section 1. new text begin ARTS AND CULTURAL HERITAGE FUND APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
entities and for the purposes specified in this article. The appropriations are from the arts
and cultural heritage fund and are available for the fiscal years indicated for allowable
activities under the Minnesota Constitution, article XI, section 15. Notwithstanding
Minnesota Statutes, section 16A.28, and unless otherwise specified in this article,
fiscal year 2012 appropriations are available until June 30, 2013, and fiscal year 2013
appropriations are available until June 30, 2014. "The first year" is fiscal year 2012. "The
second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. All
appropriations in this article 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 2012 new text end		new text begin 2013 new text end

Sec. 2. new text begin ARTS AND CULTURAL HERITAGE new text end

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

new text begin $ new text end

new text begin 52,209,000 new text end

new text begin $ new text end

new text begin 52,503,000 new text end

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

new text begin Subd. 2. new text end new text begin Minnesota State Arts Board new text end

new text begin 25,205,000 new text end

new text begin 25,955,000 new text end

new text begin These amounts are appropriated to the
Minnesota State Arts Board for arts,
arts education, and arts access. Grant
agreements entered into by the Minnesota
State Arts Board and other recipients
of appropriations in this subdivision
shall ensure that these funds are used to
supplement and not supplant traditional
sources of funding. Appropriations made
directly to the Minnesota State Arts Board
shall supplement, and shall not substitute for,
traditional sources of funding. Each grant
program established within this appropriation
shall be separately administered from other
state appropriations for program planning
and outcome measurements, but may take
into consideration other state resources
awarded in the selection of applicants and
grant award size.
new text end

new text begin Thirty percent of the total appropriated to
each of the categories established in this
subdivision is for grants to the regional arts
councils. This percentage does not apply to
administrative costs.
new text end

new text begin Arts and Arts Access Initiatives.
new text end new text begin $16,550,000 the first year and $17,400,000
the second year are to support Minnesota
artists and arts organizations in creating,
producing, and presenting high-quality arts
activities; to overcome barriers to accessing
high-quality arts activities; and to instill the
arts into the community and public life in
this state.
new text end

new text begin A portion of these funds may be used to:
new text end

new text begin (1) pay attendance fees and travel costs
for youth to visit art museums, arts
performances, or other arts activities; or
new text end

new text begin (2) bring artists to schools, libraries, or other
community centers or organizations for
teaching, training, or performance purposes.
new text end

new text begin Arts Education. new text end new text begin $4,000,000 the first year
and $3,900,000 the second year are for
high-quality, age-appropriate arts education
for Minnesotans of all ages to develop
knowledge, skills, and understanding of the
arts.
new text end

new text begin A portion of this appropriation may be used
for grants to school districts to provide
materials or resources to teachers, students,
and parents to promote achievement of K-12
academic standards in the arts.
new text end

new text begin Arts and Cultural Heritage. new text end new text begin $1,080,000
the first year and $1,080,000 the second year
are for events and activities that represent
the diverse ethnic and cultural arts traditions,
including folk and traditional artists and art
organizations, represented in this state.
new text end

new text begin Library Grants. new text end new text begin $3,000,000 the first
year and $3,000,000 the second year are
for programs and projects that provide
educational opportunities in the arts,
history, literary arts, and cultural heritage
of Minnesota. Funds are to be distributed
through a competitive grants process. Grant
funds may be used to sponsor programs
provided by an eligible library, or to provide
grants to local arts and cultural heritage
programs in partnership with an eligible
library. Eligible libraries include any public
library, or regional public library system or
multicounty, multitype library system under
Minnesota Statutes, chapter 134. The board,
in consultation with the commissioner of
education, shall establish criteria for the
competitive grant program.
new text end

new text begin new text begin Administration, Fiscal Oversight, and
Accountability. new text end $575,000 the first year
and $575,000 the second year are for
administration of grant programs, delivering
technical services, providing fiscal oversight
for the statewide system, and ensuring
accountability for these state resources.
new text end

new text begin Subd. 3. new text end new text begin Minnesota Historical Society new text end

new text begin 12,250,000 new text end

new text begin 12,250,000 new text end

new text begin These amounts are appropriated to the
governing board of the Minnesota Historical
Society to preserve and enhance access to
Minnesota's history and its cultural and
historical resources. Grant agreements
entered into by the Minnesota Historical
Society and other recipients of appropriations
in this subdivision shall ensure that
these funds are used to supplement and
not substitute for traditional sources of
funding. Funds directly appropriated to
the Minnesota Historical Society shall be
used to supplement, and not substitute for,
traditional sources of funding. If a project
receives federal funds, the time period of
the appropriation is extended to equal the
availability of the federal funds. For historic
preservation projects that improve historic
structures, the amounts are available until
June 30, 2015.
new text end

new text begin Statewide Historic and Cultural Grants.
$5,250,000 the first year and $5,250,000
the second year are for history programs
and projects operated or conducted by or
through local, county, regional, or other
historical or cultural organizations; or for
activities to preserve significant historic
and cultural resources. Funds are to be
distributed through a competitive grants
process. The Minnesota Historical Society
shall administer these funds using established
grants mechanisms, and with assistance
from the advisory committee created under
Laws 2009, chapter 172, article 4, section 2,
subdivision 4, paragraph (b), item (ii).
new text end

new text begin Programs. $5,000,000 the first year and
$5,000,000 the second year are for programs
and purposes related to the historical and
cultural heritage of the state of Minnesota,
conducted by the Minnesota Historical
Society.
new text end

new text begin History Partnerships. $1,500,000 the
first year and $1,500,000 the second year
are for partnerships involving multiple
organizations to preserve and enhance access
to Minnesota's history and cultural heritage
in all regions of the state.
new text end

new text begin Statewide Survey of Historical and
Archaeological Sites. $250,000 the first
year and $250,000 the second year are
for a contract or contracts to be let on a
competitive basis to conduct statewide
surveys of Minnesota's sites of historical,
archaeological, and cultural significance.
Results of this survey must be published in
a searchable form, available to the public on
a cost-free basis. The Minnesota Historical
Society, the Office of the State Archaeologist,
and the Indian Affairs Council shall each
appoint a representative to an oversight
board to select contractors and direct the
conduct of these surveys. The oversight
board shall consult with the Departments of
Transportation and Natural Resources.
new text end

new text begin Digital Library. $250,000 the first year and
$250,000 the second year are for a digital
library project to preserve, digitize, and share
Minnesota images, documents, and historical
materials. The Minnesota Historical Society
shall cooperate with the Minitex interlibrary
loan system and shall jointly share this
appropriation for these purposes.
new text end

new text begin Subd. 4. new text end new text begin Department of Administration new text end

new text begin 8,448,000 new text end

new text begin 8,448,000 new text end

new text begin These amounts are appropriated to the
commissioner of administration for grants
to the named organizations for the purposes
specified in this subdivision. Up to one
percent of funds may be used by the
commissioner for grants administration.
new text end

new text begin Grant agreements entered into by
the commissioner and recipients of
appropriations in this subdivision must
ensure that money appropriated in this
subdivision is used to supplement and not
substitute for traditional sources of funding.
new text end

new text begin Public Television. $3,500,000 the first
year and $3,500,000 the second year are for
grants to the Minnesota Public Television
Association for production and acquisition
grants according to Minnesota Statutes,
section 129D.18. This appropriation is
available until June 30, 2015.
new text end

new text begin Minnesota Public Radio. $1,325,000 the
first year and $1,325,000 the second year
are for grants to Minnesota Public Radio
to create new programming and events,
expand regional news service, amplify
Minnesota culture to a regional and national
audience, and document Minnesota's history
through the Minnesota Audio Archives. This
appropriation is available until June 30, 2015.
new text end

new text begin Association of Minnesota Public
Educational Radio Stations. $1,325,000
the first year and $1,325,000 the second
year are for grants to the Association of
Minnesota Public Educational Radio Stations
for production and acquisition grants in
accordance with Minnesota Statutes, section
129D.19. This appropriation is available
until June 30, 2015.
new text end

new text begin Zoos. $300,000 the first year and $300,000
the second year are for grants of $200,000
each year to the Como Park Zoo and
$100,000 each year to the Lake Superior Zoo
for programmatic development.
new text end

new text begin Children's Museums. $998,000 the first
year and $998,000 the second year are
for grants of: $500,000 each year to the
Minnesota Children's Museum, $166,000
each year to the Duluth Children's Museum,
$166,000 each year to the Children's
Discovery Museum of Grand Rapids, and
$166,000 each year to the Children's Museum
of Southern Minnesota. These amounts are
for arts, arts education, and arts access and
to preserve Minnesota's history and cultural
heritage.
new text end

new text begin Science Museum of Minnesota. $500,000
the first year and $500,000 the second year
are for grants to the Science Museum of
Minnesota. These amounts are for arts, arts
education, and arts access and to preserve
Minnesota's history and cultural heritage.
new text end

new text begin Minnesota Film and TV Board. $500,000
the first year and $500,000 the second year
are for grants to the Minnesota Film and
TV Board for grants to Minnesota residents
to create film or television productions that
promote Minnesota's cultural heritage and
for the film production jobs program under
Minnesota Statutes, section 116U.26. This
appropriation is available until June 30, 2015.
new text end

new text begin Subd. 5. new text end new text begin Minnesota Zoological Garden new text end

new text begin 1,500,000 new text end

new text begin 1,500,000 new text end

new text begin These amounts are appropriated to
the Minnesota Zoological Board for
programmatic development of the Minnesota
Zoo.
new text end

new text begin Subd. 6. new text end new text begin Minnesota Humanities Center new text end

new text begin 1,075,000 new text end

new text begin 1,075,000 new text end

new text begin These amounts are appropriated to the board
of directors of the Minnesota Humanities
Center for the purposes specified in this
subdivision.
new text end

new text begin new text begin Programs and Purposes. new text end $325,000 the first
year and $325,000 the second year are for
programs and purposes of the Minnesota
Humanities Center.
new text end

new text begin The Minnesota Humanities Center may
consider museums and organizations
celebrating the ethnic identities of
Minnesotans for grants from these funds.
new text end

new text begin new text begin Councils of Color. new text end $500,000 the first
year and $500,000 the second year are for
competitive grants to the Council on Asian
Pacific Minnesotans, the Council on Black
Minnesotans, the Indian Affairs Council, and
the Chicano Latino Affairs Council. Grants
are for programs and cooperation between
the Minnesota Humanities Center and the
grant recipients for community events and
programs that celebrate and preserve artistic,
historical, and cultural heritage.
new text end

new text begin new text begin Civics Education. new text end $250,000 the first
year and $250,000 the second year are for
grants to the Learning Law and Democracy
Foundation, Kids Voting Minnesota, and
YMCA Youth in Government to conduct
civics education programs for the civic and
cultural development of Minnesota youth.
new text end

new text begin Subd. 7. new text end new text begin Perpich Center For Arts Education new text end

new text begin 1,000,000 new text end

new text begin 1,000,000 new text end

new text begin These amounts are appropriated to the board
of directors of the Perpich Center for Arts
Education for arts, arts education, and arts
access and to preserve Minnesota's history
and cultural heritage. This appropriation is
available until June 30, 2015.
new text end

new text begin Subd. 8. new text end new text begin Department of Agriculture new text end

new text begin 1,400,000 new text end

new text begin 1,400,000 new text end

new text begin These amounts are appropriated to the
commissioner of agriculture for grants to
county agricultural societies to enhance arts
access and education and to preserve and
promote Minnesota's history and cultural
heritage as embodied in its county fairs.
The grants shall be in addition to the aid
distributed to county agricultural societies
under Minnesota Statutes, section 38.02. The
commissioner shall award grants as follows:
new text end

new text begin (1) $700,000 each year, distributed in equal
amounts to each of the state's county fairs
to enhance arts access and education and to
preserve and promote Minnesota's history
and cultural heritage; and
new text end

new text begin (2) $700,000 each year, distributed as
competitive grants for the development or
enhancement of county fair facilities or other
projects or programs that provide access
to the arts, arts education, or agricultural,
historical, and cultural heritage programs,
including but not limited to agricultural
education centers, arts buildings, and
performance stages.
new text end

new text begin Subd. 9. new text end new text begin Indian Affairs Council new text end

new text begin 875,000 new text end

new text begin 875,000 new text end

new text begin These amounts are appropriated to the Indian
Affairs Council for the purposes identified in
this subdivision.
new text end

new text begin Language Working Group. new text end new text begin $75,000 the
first year and $75,000 the second year are
for continuation of the Working Group on
Dakota and Ojibwe Language Revitalization
and Preservation established under Laws
2009, chapter 172, article 4, section 9.
new text end

new text begin Language Preservation and Education.
new text end new text begin $550,000 the first year and $550,000 the
second year are for grants for programs
that preserve Dakota and Ojibwe Indian
languages and to foster educational programs
in Dakota and Ojibwe languages.
new text end

new text begin Language Immersion. new text end new text begin $250,000 the first
year and $250,000 the second year are for
grants of $125,000 each year to the Niigaane
Ojibwe Immersion School and the Wicoie
Nandagikendan Urban Immersion Project to:
new text end

new text begin (1) develop and expand K-12 curriculum;
new text end

new text begin (2) provide fluent speakers in the classroom;
new text end

new text begin (3) develop appropriate testing and
evaluation procedures; and
new text end

new text begin (4) develop community-based training and
engagement.
new text end

new text begin Subd. 10. new text end new text begin Veterans Affairs new text end

new text begin 450,000 new text end

new text begin 0 new text end

new text begin This amount is appropriated to the
commissioner of veterans affairs for grants
to programs or facilities serving disabled
veterans in a camp or resort-styled setting.
Grants may be used for new facilities or
improvements to existing facilities and other
camp improvements. The commissioner
shall seek other public and nonpublic funding
to supplement this appropriation. This
appropriation is available until June 30,
2015.
new text end

new text begin Subd. 11. new text end new text begin Legislature new text end

new text begin 6,000 new text end

new text begin 0 new text end

new text begin These amounts are appropriated to the
Legislative Coordinating Commission to
operate the Web site for dedicated funds
required under Minnesota Statutes, section
3.303, subdivision 10.
new text end

Sec. 3.

Minnesota Statutes 2010, section 129D.18, subdivision 4, is amended to read:

Subd. 4.

Reporting.

A public station receiving funds appropriated under this section
must report annually by January 15 to the commissioner new text begin , the Legislative Coordinating
Commission, new text end and the chairs and ranking minority members of the senate and house
of representatives committees and divisions having jurisdiction over arts and cultural
heritage policy and finance regarding how the previous year's grant funds were expended.
deleted text begin This deleted text end new text begin In addition to all information required of each recipient of money from the arts and
cultural heritage fund under section 3.303, subdivision 10, the new text end report must contain specific
information for each program produced and broadcast, including the cost of production,
the number of stations broadcasting the program, estimated viewership, the number of
new text begin hours of legacy program content available for streaming on new text end Web deleted text begin site downloads deleted text end new text begin sites new text end ,
and other related measures. If the programs produced include educational material, the
public station must report on these efforts.

Sec. 4.

Minnesota Statutes 2010, section 129D.19, subdivision 5, is amended to read:

Subd. 5.

Reporting.

A noncommercial radio station receiving funds appropriated
under this section must report annually by January 15 to the commissioner new text begin , the Legislative
Coordinating Commission, new text end and the chairs and ranking minority members of the senate
and house of representatives committees and divisions having jurisdiction over arts and
cultural heritage policy and finance regarding how the previous year's grant funds were
expended. deleted text begin This deleted text end new text begin In addition to all information required of each recipient of money from
the arts and cultural heritage fund under section 3.303, subdivision 10, the new text end report must
contain specific information for each program produced and broadcast, including the
cost of production, the number of stations broadcasting the program, estimated number
of listeners, and other related measures. If the programs produced include educational
material, the noncommercial radio station must report on these efforts.

Sec. 5. new text begin ADMINISTRATION ALLOWANCE.
new text end

new text begin Money appropriated in this article may not be spent on activities unless they are
directly related to a specific appropriation. Unless otherwise specified in this article, an
entity that receives money through a direct appropriation in this article may spend no more
than five percent of the money for administration, indirect costs, and other institutional
overhead charges.
new text end