Minnesota Legislature
SF 1363
1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 05/16/2011 08:41am
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to state government; appropriating money from the outdoor heritage
1.3fund, clean water fund, parks and trails fund, and arts and cultural heritage fund;
1.4modifying certain outdoor heritage provisions; establishing accounts; modifying
1.5the Clean Water Legacy Act; revising membership and duties of the Clean
1.6Water Council; establishing State Capitol Preservation Commission; providing
1.7appointments; establishing reporting and other requirements for legacy fund
1.8recipients;amending Minnesota Statutes 2010, sections 3.303, subdivision 10;
1.985.013, by adding a subdivision; 85.53, subdivision 2; 97A.056, subdivisions
1.102, 3, by adding subdivisions; 114D.10; 114D.20, subdivisions 1, 2, 3, 6, 7;
1.11114D.30; 114D.35; 114D.50, subdivision 4; 116.195; 129D.17, subdivision 2;
1.12129D.18, subdivisions 3, 4; 129D.19, subdivision 5; Laws 2009, chapter 172,
1.13article 1, section 2, subdivisions 3, 15; article 2, section 4, as amended; article 4,
1.14section 9, subdivision 5; Laws 2010, chapter 361, article 1, section 2, subdivision
1.1514; article 2, section 3; proposing coding for new law in Minnesota Statutes,
1.16chapters 15B; 16B; 84; 138; repealing Minnesota Statutes 2010, sections 84.02,
1.17subdivisions 1, 2, 3, 4, 6, 7, 8; 114D.45.
1.18BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.22The sums shown in the columns marked "Appropriations" are appropriated to the
1.23agencies and for the purposes specified in this article. The appropriations are from the
1.24outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
1.25figures "2012" and "2013" used in this article mean that the appropriations listed under
1.26them are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively.
1.27"The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium"
1.28is fiscal years 2012 and 2013. The appropriations in this article are onetime.
2.7This appropriation is from the outdoor
2.8heritage fund. The amounts that may be
2.9spent for each purpose are specified in the
2.10following subdivisions.
2.12(a) Wildlife Management Area, Scientific
2.13and Natural Areas, and Prairie Bank
2.14Easement Acquisition - Phase III
2.15$4,690,000 the first year is to the
2.16commissioner of natural resources to:
2.17(1) acquire land in fee for wildlife
2.18management area purposes under Minnesota
2.19Statutes, sections 86A.05, subdivision 8, and
2.2097A.145;
2.21(2) acquire land in fee for scientific and
2.22natural area purposes under Minnesota
2.23Statutes, sections 84.033 and 86A.05,
2.24subdivision 5; and
2.25(3) acquire native prairie bank easements
2.26under Minnesota Statutes, section 84.96.
2.27Of this amount, $759,000 is for transfer
2.28to the outdoor heritage land management
2.29account in the special revenue fund for the
2.30purposes specified in Minnesota Statutes,
2.31section 97A.056, subdivision 1a.
2.32A list of proposed land or permanent
2.33conservation easement acquisitions must
3.1be provided as part of the required
3.2accomplishment plan. The accomplishment
3.3plan must include an easement monitoring
3.4and enforcement plan. Money appropriated
3.5from the outdoor heritage fund for easement
3.6acquisition may be used to establish a
3.7monitoring and enforcement fund as
3.8approved in the accomplishment plan,
3.9and subject to subdivision 15. An annual
3.10financial report is required for any monitoring
3.11and enforcement fund established, including
3.12expenditures from the fund.
3.13(b) Accelerated Prairie Restoration and
3.14Enhancement on DNR Lands - Phase III
3.15$1,652,000 the first year is to the
3.16commissioner of natural resources to
3.17accelerate the restoration and enhancement
3.18on wildlife management areas, scientific and
3.19natural areas, and land under native prairie
3.20bank easements.
3.21(c) Minnesota Buffers for Wildlife and
3.22Water
3.23$2,249,000 the first year is to the Board of
3.24Water and Soil Resources in cooperation
3.25with Pheasants Forever to acquire permanent
3.26conservation easements to enhance habitat
3.27by expanding riparian wildlife buffers on
3.28private land. A list of proposed easement
3.29acquisitions must be provided as part of
3.30the required accomplishment plan. The
3.31accomplishment plan must include an
3.32easement monitoring and enforcement
3.33plan. Money appropriated from the outdoor
3.34heritage fund for easement acquisition
3.35may be used to establish a monitoring
4.1and enforcement fund as approved in
4.2the accomplishment plan and subject to
4.3subdivision 15. An annual financial report is
4.4required for any monitoring and enforcement
4.5fund established, including expenditures
4.6from the fund.
4.7(d) Northern Tallgrass Prairie National
4.8Wildlife Refuge Land Acquisition - Phase
4.9III
4.10$1,720,000 the first year is to the
4.11commissioner of natural resources for an
4.12agreement with The Nature Conservancy
4.13to acquire land or permanent easements
4.14within the Northern Tallgrass Prairie Habitat
4.15Preservation Area in western Minnesota for
4.16addition to the Northern Tallgrass Prairie
4.17National Wildlife Refuge. A list of proposed
4.18land acquisitions must be provided as part
4.19of the required accomplishment plan. The
4.20accomplishment plan must include an
4.21easement monitoring and enforcement plan.
4.22(e) Minnesota Prairie Recovery Project -
4.23Phase II
4.24$4,500,000 the first year is to the
4.25commissioner of natural resources for an
4.26agreement with The Nature Conservancy to
4.27acquire native prairie and savanna and restore
4.28and enhance grasslands and savanna. A list of
4.29proposed land acquisitions must be provided
4.30as part of the required accomplishment plan.
4.31Acquisitions, restorations, and enhancements
4.32must be within the two existing and two
4.33additional pilot focus areas contained in
4.34the accomplishment plan. Annual income
4.35statements and balance sheets for income
5.1and expenses from land acquired with
5.2appropriations from the outdoor heritage
5.3fund must be submitted to the Lessard-Sams
5.4Outdoor Heritage Council.
5.5(f) Cannon River Headwaters Habitat
5.6Complex - Phase I
5.7$1,877,000 the first year is to the
5.8commissioner of natural resources for an
5.9agreement with The Trust for Public Land
5.10to acquire and restore lands in the Cannon
5.11River watershed for wildlife management
5.12area purposes under Minnesota Statutes,
5.13section 86A.05, subdivision 8, or aquatic
5.14management areas under Minnesota Statutes,
5.15sections 86A.05, subdivision 14, and 97C.02.
5.16Of this amount, $344,000 is for transfer
5.17to the outdoor heritage land management
5.18account in the special revenue fund for the
5.19purposes specified in Minnesota Statutes,
5.20section 97A.056, subdivision 1a. A list of
5.21proposed land acquisitions must be provided
5.22as part of the required accomplishment plan.
5.23(g) Accelerating the Wildlife Management
5.24Area Program - Phase III
5.25$6,691,000 the first year is to the
5.26commissioner of natural resources for an
5.27agreement with Pheasants Forever to acquire
5.28prairie and other habitat areas for wildlife
5.29management area purposes under Minnesota
5.30Statutes, section 86A.05, subdivision 8. Of
5.31this amount, $1,191,000 is for transfer to the
5.32outdoor heritage land management account
5.33in the special revenue fund for the purposes
5.34specified in Minnesota Statutes, section
5.3597A.056, subdivision 1a. A list of proposed
6.1land acquisitions must be provided as part of
6.2the required accomplishment plan.
6.3(h) Accelerating the Waterfowl Production
6.4Area Program - Phase III
6.5$9,815,000 the first year is to the
6.6commissioner of natural resources for
6.7an agreement with Pheasants Forever to
6.8accelerate the acquisition of wetlands and
6.9grasslands to be added to the waterfowl
6.10production area system in Minnesota in
6.11cooperation with the United States Fish and
6.12Wildlife Service. A list of proposed land
6.13acquisitions must be provided as part of the
6.14required accomplishment plan.
6.15(i) The Green Corridor Legacy Program -
6.16Phase III
6.17$2,130,000 the first year is to the
6.18commissioner of natural resources for
6.19an agreement with the Redwood Area
6.20Development Corporation to acquire land
6.21for wildlife management area purposes
6.22under Minnesota Statutes, section 86A.05,
6.23subdivision 8, or aquatic management
6.24areas under Minnesota Statutes, sections
6.2586A.05, subdivision 14, and 97C.02. Of
6.26this amount, $359,000 is for transfer to the
6.27outdoor heritage land management account
6.28in the special revenue fund for the purposes
6.29specified in Minnesota Statutes, section
6.3097A.056, subdivision 1a. A list of proposed
6.31land acquisitions must be provided as part of
6.32the required accomplishment plan.
6.33(j) Native Prairie Report
6.34By January 15, 2012, the Lessard-Sams
6.35Outdoor Heritage Council shall submit a
7.1report to the chairs and ranking minority
7.2members of the house of representatives
7.3and senate committees and divisions with
7.4jurisdiction over the outdoor heritage fund
7.5and environment and natural resources
7.6finance and policy that details the amount
7.7of native prairie protected, enhanced,
7.8and restored with outdoor heritage fund
7.9appropriations for fiscal years 2010, 2011,
7.10and 2012. The report must include:
7.11(1) the total number of acres of native prairie
7.12that have been protected; and
7.13(2) the total number of acres of native prairie
7.14that have been restored.
7.16(a) Minnesota Forests for the Future -
7.17Phase III
7.18$5,409,000 the first year is to the
7.19commissioner of natural resources to
7.20acquire forest and wetland habitat through
7.21working forest easements and fee acquisition
7.22under the Minnesota forests for the future
7.23program pursuant to Minnesota Statutes,
7.24section 84.66. A conservation easement
7.25acquired with money appropriated under this
7.26paragraph must comply with subdivision
7.2713. A list of proposed land acquisitions
7.28must be provided as part of the required
7.29accomplishment plan. The accomplishment
7.30plan must include an easement monitoring
7.31and enforcement plan. Money appropriated
7.32from the outdoor heritage fund for easement
7.33acquisition may be used to establish a
7.34monitoring and enforcement fund as
7.35approved in the accomplishment plan
8.1and subject to subdivision 15. An annual
8.2financial report is required for any monitoring
8.3and enforcement fund established, including
8.4expenditures from the fund.
8.5(b) LaSalle Lake: Protecting Critical
8.6Mississippi Headwaters Habitat
8.7$5,709,000 the first year is to the
8.8commissioner of natural resources for an
8.9agreement with The Trust for Public Land
8.10to acquire land adjacent to LaSalle Lake in
8.11Hubbard County. Of this amount, $1,077,000
8.12is for transfer to the outdoor heritage land
8.13management account in the special revenue
8.14fund for the purposes specified in Minnesota
8.15Statutes, section 97A.056, subdivision
8.161a. A list of proposed land acquisitions
8.17must be provided as part of the required
8.18accomplishment plan. If the acquisition
8.19is not completed by July 15, 2012, or if a
8.20balance remains after acquisition of land, the
8.21money under this paragraph is available for
8.22acquisition under subdivision 2, paragraph
8.23(a).
8.24(c) Accelerated Forest Habitat
8.25Enhancement - Phase II
8.26$826,000 the first year is to the commissioner
8.27of natural resources to restore and enhance
8.28lands in state forests, pursuant to Minnesota
8.29Statutes, section 89.021.
8.30(d) Northeastern Minnesota Sharp-Tailed
8.31Grouse Habitat Partnership - Phase II
8.32$1,199,000 the first year is to the
8.33commissioner of natural resources for
8.34an agreement with Pheasants Forever in
8.35cooperation with the Minnesota Sharp-Tailed
9.1Grouse Society to acquire and enhance
9.2lands for wildlife management area purposes
9.3under Minnesota Statutes, section 86A.05,
9.4subdivision 8. Of this amount, $211,000
9.5is for transfer to the outdoor heritage land
9.6management account in the special revenue
9.7fund for the purposes specified in Minnesota
9.8Statutes, section 97A.056, subdivision
9.91a. A list of proposed land acquisitions
9.10must be provided as part of the required
9.11accomplishment plan.
9.12(e) Lower Mississippi River Habitat
9.13Partnership - Phase II
9.14$863,000 the first year is to the commissioner
9.15of natural resources to acquire and enhance
9.16habitat in the lower Root River and
9.17lower Zumbro River watersheds, pursuant
9.18to Minnesota Statutes, section 86A.05,
9.19subdivisions 7 and 8. Of this amount,
9.20$156,000 is for transfer to the outdoor
9.21heritage land management account in the
9.22special revenue fund for the purposes
9.23specified in Minnesota Statutes, section
9.2497A.056, subdivision 1a. A list of proposed
9.25land acquisitions must be provided as part of
9.26the required accomplishment plan.
9.27(f) Protect Key Forest Habitat Lands in
9.28Cass County - Phase II
9.29$604,000 the first year is to the commissioner
9.30of natural resources for an agreement with
9.31Cass County to acquire land in fee for forest
9.32wildlife habitat. A list of proposed land
9.33acquisitions must be provided as part of the
9.34required accomplishment plan.
9.35(g) State Forest Acquisition
10.1$1,429,000 the first year is to the
10.2commissioner of natural resources to acquire
10.3land in fee and permanent management
10.4access easements for state forests under
10.5Minnesota Statutes, section 86A.05,
10.6subdivision 7. Of this amount, $224,000
10.7is for transfer to the outdoor heritage land
10.8management account in the special revenue
10.9fund for the purposes specified in Minnesota
10.10Statutes, section 97A.056, subdivision
10.111a. A list of proposed land acquisitions
10.12must be provided as part of the required
10.13accomplishment plan.
10.15(a) Reinvest in Minnesota Wetlands
10.16Reserve Acquisition and Restoration
10.17Program Partnership - Phase III
10.18$13,000,000 the first year is to the Board
10.19of Water and Soil Resources to acquire
10.20permanent conservation easements and
10.21restore wetlands and associated upland
10.22habitat in cooperation with the United States
10.23Department of Agriculture Wetlands Reserve
10.24Program. A list of proposed land acquisitions
10.25must be provided as part of the required
10.26accomplishment plan. The accomplishment
10.27plan must include an easement monitoring
10.28and enforcement plan. Money appropriated
10.29from the outdoor heritage fund for easement
10.30acquisition may be used to establish a
10.31monitoring and enforcement fund as
10.32approved in the accomplishment plan
10.33and subject to subdivision 15. An annual
10.34financial report is required for any monitoring
10.35and enforcement fund established, including
11.1expenditures from the fund and a description
11.2of monitoring and enforcement activities.
11.3(b) Accelerated Shallow Lakes and
11.4Wetlands Restoration and Enhancement -
11.5Phase III
11.6$936,000 the first year is to the commissioner
11.7of natural resources to develop engineering
11.8designs for shallow lakes and wetlands and
11.9restore and enhance shallow lakes.
11.10(c) Shallow Lake Shoreland Protection:
11.11Wild Rice Lakes
11.12$1,998,000 the first year is to the
11.13commissioner of natural resources for an
11.14agreement with Ducks Unlimited and the
11.15Board of Water and Soil Resources to acquire
11.16wild rice lake shoreland habitat in fee and
11.17as permanent conservation easements as
11.18follows: $500,000 to the Department of
11.19Natural Resources; $1,100,000 to the Board
11.20of Water and Soil Resources; $291,000 to
11.21Ducks Unlimited; and $107,000 for transfer
11.22to the outdoor heritage land management
11.23account in the special revenue fund for the
11.24purposes specified in Minnesota Statutes,
11.25section 97A.056, subdivision 1a. A list of
11.26proposed land acquisitions must be provided
11.27as part of the required accomplishment plan.
11.28The accomplishment plan must include
11.29an easement monitoring and enforcement
11.30plan. Money appropriated from the outdoor
11.31heritage fund for easement acquisition
11.32may be used to establish a monitoring
11.33and enforcement fund as approved in
11.34the accomplishment plan and subject to
11.35subdivision 15. An annual financial report is
12.1required for any monitoring and enforcement
12.2fund established, including expenditures
12.3from the fund.
12.5(a) Accelerated Aquatic Management
12.6Area Habitat Program - Phase III
12.7$7,061,000 the first year is to the
12.8commissioner of natural resources to
12.9acquire interests in land in fee or permanent
12.10conservation easements for aquatic
12.11management areas under Minnesota Statutes,
12.12sections 86A.05, subdivision 14, and 97C.02,
12.13to restore and enhance aquatic habitat.
12.14Of this amount, $561,000 is for transfer
12.15to the outdoor heritage land management
12.16account in the special revenue fund for the
12.17purposes specified in Minnesota Statutes,
12.18section 97A.056, subdivision 1a. A list
12.19of proposed acquisitions and stream and
12.20lake habitat restorations and enhancements
12.21must be provided as part of the required
12.22accomplishment plan. The accomplishment
12.23plan must include an easement monitoring
12.24and enforcement plan. Money appropriated
12.25from the outdoor heritage fund for easement
12.26acquisition may be used to establish a
12.27monitoring and enforcement fund as
12.28approved in the accomplishment plan
12.29and subject to subdivision 15. An annual
12.30financial report is required for any monitoring
12.31and enforcement fund established, including
12.32expenditures from the fund.
12.33(b) Coldwater Fish Habitat Enhancement
12.34Program - Phase III
13.1$1,533,000 the first year is to the
13.2commissioner of natural resources for an
13.3agreement with Minnesota Trout Unlimited
13.4to restore, enhance, and protect cold water
13.5river and stream habitats in Minnesota. A list
13.6of proposed projects, describing types and
13.7locations of restorations and enhancements,
13.8must be provided as part of the required
13.9accomplishment plan.
13.10(c) Land Addition to the Janet Johnson
13.11Memorial Wildlife Management Area
13.12$707,000 the first year is to the commissioner
13.13of natural resources for an agreement with
13.14Chisago County to acquire land in fee to
13.15be added to the Janet Johnson Memorial
13.16Wildlife Management Area under Minnesota
13.17Statutes, section 86A.05, subdivision 8. Of
13.18this amount, $130,000 is for transfer to the
13.19outdoor heritage land management account
13.20in the special revenue fund for the purposes
13.21specified in Minnesota Statutes, section
13.2297A.056, subdivision 1a. A list of proposed
13.23land acquisitions must be provided as part of
13.24the required accomplishment plan.
13.25(d) Metro Big Rivers Habitat - Phase II
13.26$5,481,000 the first year is to the
13.27commissioner of natural resources for
13.28agreements to acquire interests in land in
13.29fee or permanent conservation easements
13.30and to restore and enhance natural systems
13.31associated with the Mississippi, Minnesota,
13.32and St. Croix Rivers as follows: $960,000
13.33to the Minnesota Valley National Wildlife
13.34Refuge Trust, Inc.; $150,000 to Great River
13.35Greening; $840,000 to Minnesota Land
14.1Trust; $150,000 to Friends of the Mississippi
14.2River; $2,900,000 to The Trust for Public
14.3Land; and $481,000 for transfer to the
14.4outdoor heritage land management account
14.5in the special revenue fund for the purposes
14.6specified in Minnesota Statutes, section
14.797A.056, subdivision 1a. A list of proposed
14.8projects, describing types and locations of
14.9acquisitions, restorations, and enhancements,
14.10must be provided as part of the required
14.11accomplishment plan. The accomplishment
14.12plan must include an easement monitoring
14.13and enforcement plan. Money appropriated
14.14from the outdoor heritage fund for easement
14.15acquisition may be used to establish a
14.16monitoring and enforcement fund as
14.17approved in the accomplishment plan
14.18and subject to subdivision 15. An annual
14.19financial report is required for any monitoring
14.20and enforcement fund established, including
14.21expenditures from the fund.
14.22(e) Protecting Sensitive Shorelands in
14.23North Central Minnesota
14.24$1,098,000 the first year is to the
14.25commissioner of natural resources for
14.26agreements with the Leech Lake Watershed
14.27Foundation and the Minnesota Land Trust
14.28as follows: $339,000 to the Leech Lake
14.29Watershed Foundation; $741,000 to the
14.30Minnesota Land Trust; and $18,000 to the
14.31Department of Natural Resources to pay for
14.32acquisition-related expenses and monitoring
14.33costs of donated permanent conservation
14.34easements on sensitive shorelands in north
14.35central Minnesota. A list of proposed land
14.36acquisitions must be provided as part of
15.1the required accomplishment plan. The
15.2accomplishment plan must include an
15.3easement monitoring and enforcement
15.4plan. Money appropriated from the outdoor
15.5heritage fund for easement acquisition
15.6may be used to establish a monitoring
15.7and enforcement fund as approved in
15.8the accomplishment plan and subject to
15.9subdivision 15. An annual financial report is
15.10required for any monitoring and enforcement
15.11fund established, including expenditures
15.12from the fund.
15.13(f) Restoring Native Habitat and Water
15.14Quality to Shell Rock River - Phase II
15.15$2,577,000 the first year is to the
15.16commissioner of natural resources for
15.17an agreement with the Shell Rock River
15.18Watershed District to acquire land in fee
15.19at the headwaters of the Shell Rock River
15.20for aquatic management area purposes
15.21under Minnesota Statutes, sections 86A.05,
15.22subdivision 14, and 97C.02, to restore
15.23and enhance aquatic habitat. The leases
15.24for gravel mining existing at the time of
15.25acquisition may not be extended and all gross
15.26income generated from mining operations
15.27must be transferred to the commissioner of
15.28management and budget and credited to the
15.29outdoor heritage fund. A list of proposed
15.30land acquisitions must be provided as part of
15.31the required accomplishment plan.
15.32(g) Outdoor Heritage Conservation
15.33Partners Grant Program - Phase III
15.34$5,629,000 the first year is to the
15.35commissioner of natural resources for a
16.1program to provide competitive, matching
16.2grants of up to $400,000 to local, regional,
16.3state, and national organizations for
16.4enhancement, restoration, or protection of
16.5forests, wetlands, prairies, and habitat for
16.6fish, game, or wildlife in Minnesota. Grants
16.7shall not be made for activities required to
16.8fulfill the duties of owners of lands subject
16.9to conservation easements. Grants shall
16.10not be made from appropriations in this
16.11paragraph for projects that have a total
16.12project cost exceeding $475,000. $319,000
16.13of this appropriation may be spent for
16.14personnel costs and other administrative
16.15costs. Grantees may acquire land or interests
16.16in land. Easements must be permanent.
16.17Land acquired in fee must be open to
16.18hunting and fishing during the open season
16.19unless otherwise provided by state law. The
16.20program shall require a match of at least ten
16.21percent from nonstate sources for grants of
16.22$100,000 or less and a match of at least 15
16.23percent from nonstate sources for grants over
16.24$100,000. Up to one-third of the match may
16.25be in-kind resources. For grant applications
16.26of $25,000 or less, the commissioner shall
16.27provide a separate, simplified application
16.28process. The criteria for evaluating grant
16.29applications over $25,000 must include the
16.30amount of habitat restored, enhanced, or
16.31protected; local support; encouragement
16.32of a local conservation culture; urgency;
16.33capacity to achieve multiple benefits;
16.34habitat benefits provided; consistency with
16.35current conservation science; adjacency
16.36to protected lands; full funding of the
17.1project; supplementing existing funding;
17.2public access for hunting and fishing during
17.3the open season; sustainability; degree
17.4of collaboration; and use of native plant
17.5materials. All projects must conform to
17.6the Minnesota statewide conservation and
17.7preservation plan. Wildlife habitat projects
17.8must also conform to the Minnesota wildlife
17.9action plan. Subject to the evaluation
17.10criteria and requirements of this paragraph
17.11and Minnesota Statutes, the commissioner
17.12of natural resources shall give priority to
17.13organizations that have a history of receiving
17.14or charter to receive private contributions
17.15for local conservation or habitat projects
17.16when evaluating projects of equal value. If
17.17acquiring land or a conservation easement,
17.18priority shall be given to projects associated
17.19with existing wildlife management areas
17.20under Minnesota Statutes, section 86A.05,
17.21subdivision 8; scientific and natural areas
17.22under Minnesota Statutes, sections 84.033
17.23and 86A.05, subdivision 5; and aquatic
17.24management areas under Minnesota Statutes,
17.25sections 86A.05, subdivision 14, and 97C.02.
17.26All restoration or enhancement projects
17.27must be on land permanently protected by a
17.28conservation easement or public ownership
17.29or in public waters as defined in Minnesota
17.30Statutes, section 103G.005, subdivision
17.3115. Priority shall be given to restoration
17.32and enhancement projects on public lands.
17.33Subdivision 9 applies to grants awarded
17.34under this paragraph. This appropriation is
17.35available until June 30, 2015. No less than
17.36five percent of the amount of each grant
18.1must be held back from reimbursement until
18.2the grant recipient has completed a grant
18.3accomplishment report by the deadline and
18.4in the form prescribed by and satisfactory to
18.5the Lessard-Sams Outdoor Heritage Council.
18.6The commissioner shall provide notice of the
18.7grant program in the 2011 game and fish law
18.8summaries that are prepared under Minnesota
18.9Statutes, section 97A.051, subdivision 2.
18.11(a) Contract Management
18.12$175,000 the first year is to the commissioner
18.13of natural resources for contract management
18.14duties assigned in this section. The
18.15commissioner shall provide documentation
18.16to the Legislative Coordinating Commission
18.17on the expenditure of these funds.
18.18(b) Legislative Coordinating Commission
18.19(1) $471,000 the first year and $471,000
18.20the second year are to the Legislative
18.21Coordinating Commission for two years of
18.22administrative expenses of the Lessard-Sams
18.23Outdoor Heritage Council and for two years
18.24of compensation and expense reimbursement
18.25of council members.
18.26(2) $13,000 the first year is to the Legislative
18.27Coordinating Commission for the Web site
18.28required under Minnesota Statutes, section
18.293.303, subdivision 10.
18.30(c) Technical Assistance Panel
18.31$84,000 the first year is to the commissioner
18.32of natural resources for a technical assistance
18.33panel to conduct up to ten restoration audits
19.1under Minnesota Statutes, section 97A.056,
19.2subdivision 10.
19.4Money appropriated in this section may
19.5not be spent on activities unless they are
19.6directly related to and necessary for a
19.7specific appropriation and are specified
19.8in the accomplishment plan. Money
19.9appropriated in this section must not be
19.10spent on indirect costs or other institutional
19.11overhead charges that are not directly related
19.12to and necessary for a specific appropriation.
19.13Unless otherwise provided, the amounts
19.14in this section are available until June 30,
19.152014, when projects must be completed and
19.16final accomplishments reported. Funds for
19.17restoration or enhancement are available
19.18until June 30, 2016, or four years after
19.19acquisition, whichever is later, in order to
19.20complete restoration or enhancement work.
19.21If a project receives federal funds, the time
19.22period of the appropriation is extended to
19.23equal the availability of federal funding.
19.24Funds appropriated for fee title acquisition
19.25of land may be used to restore, enhance, and
19.26provide for the public use of land acquired
19.27with the appropriation. Public use facilities
19.28must have a minimal impact on habitat on
19.29acquired lands.
19.31It is a condition of acceptance of the
19.32appropriations made under this section that
19.33the agency or entity using the appropriation
19.34submit to the Lessard-Sams Outdoor
19.35Heritage Council an accomplishment plan
20.1and periodic accomplishment reports in
20.2the form determined by the council. The
20.3accomplishment plan must identify the
20.4project manager responsible for expending
20.5the appropriation and the final product. The
20.6accomplishment plan must account for the
20.7use of the appropriation and outcomes of
20.8the expenditure in measures of wetlands,
20.9prairies, forests, and fish, game, and wildlife
20.10habitat restored, protected, and enhanced.
20.11The plan must include an evaluation of
20.12results. None of the money provided in this
20.13section may be expended unless the council
20.14has approved the pertinent accomplishment
20.15plan.
20.17(a) As a condition of accepting an
20.18appropriation made under this section, an
20.19agency or entity receiving an appropriation
20.20must comply with this subdivision for any
20.21project funded in whole or in part with funds
20.22from the appropriation.
20.23(b) All conservation easements acquired with
20.24money appropriated under this section must:
20.25(1) be permanent; (2) specify the parties to
20.26the easement; (3) specify all of the provisions
20.27of an agreement that are permanent; (4)
20.28specify the habitat types and location
20.29being protected; (5) where appropriate for
20.30conservation or water protection outcomes,
20.31require the grantor to employ practices
20.32retaining water on the eased land as long as
20.33practicable; (6) specify the responsibilities
20.34of the parties for habitat enhancement and
20.35restoration and the associated costs of these
21.1activities; (7) be sent to the office of the
21.2Lessard-Sams Outdoor Heritage Council; (8)
21.3include a long-term stewardship plan and
21.4identify the sources and amount of funding
21.5for monitoring and enforcing the easement
21.6agreement; and (9) identify the parties
21.7responsible for monitoring and enforcing the
21.8easement agreement.
21.9(c) For all restorations, a recipient must
21.10prepare and retain an ecological restoration
21.11and management plan that, to the degree
21.12practicable, is consistent with current
21.13conservation science and ecological goals
21.14for the restoration site. Consideration should
21.15be given to soil, geology, topography, and
21.16other relevant factors that would provide
21.17the best chance for long-term success and
21.18durability of the restoration projects. The
21.19plan must include the proposed timetable for
21.20implementing the restoration, including, but
21.21not limited to, site preparation, establishment
21.22of diverse plant species, maintenance, and
21.23additional enhancement to establish the
21.24restoration; identify long-term maintenance
21.25and management needs of the restoration
21.26and how the maintenance, management,
21.27and enhancement will be financed; and use
21.28current conservation science to achieve the
21.29best restoration.
21.30(d) For new lands acquired, a recipient
21.31must prepare a restoration and management
21.32plan in compliance with paragraph (c),
21.33including identification of sufficient funding
21.34for implementation.
22.1(e) To ensure public accountability for the
22.2use of public funds, a recipient must provide
22.3to the Lessard-Sams Outdoor Heritage
22.4Council documentation of the process
22.5used to select parcels acquired in fee or as
22.6permanent conservation easements and must
22.7provide the council with documentation
22.8of all related transaction costs, including,
22.9but not limited to, appraisals, legal fees,
22.10recording fees, commissions, other similar
22.11costs, and donations. This information
22.12must be provided for all parties involved
22.13in the transaction. The recipient must
22.14also report to the Lessard-Sams Outdoor
22.15Heritage Council any difference between the
22.16acquisition amount paid to the seller and the
22.17state-certified or state-reviewed appraisal, if
22.18a state-certified or state-reviewed appraisal
22.19was conducted. Acquisition data such
22.20as appraisals may remain private during
22.21negotiations but must ultimately be made
22.22public according to Minnesota Statutes,
22.23chapter 13.
22.24(f) Except as otherwise provided in this
22.25section, all restoration and enhancement
22.26projects funded with money appropriated
22.27under this section must be on land
22.28permanently protected by a conservation
22.29easement or public ownership or in public
22.30waters as defined in Minnesota Statutes,
22.31section 103G.005, subdivision 15.
22.32(g) To the extent an appropriation is used to
22.33acquire an interest in real property, a recipient
22.34of an appropriation under this section must
22.35provide to the Lessard-Sams Outdoor
22.36Heritage Council and the commissioner
23.1of management and budget an analysis of
23.2increased operations and maintenance costs
23.3likely to be incurred by public entities as
23.4a result of the acquisition and of how these
23.5costs are to be paid.
23.6(h) A recipient of money under this section
23.7must erect signage according to Laws 2009,
23.8chapter 172, article 5, section 10.
23.11All agreements, grants, or contracts referred
23.12to in this section must be administered on
23.13a reimbursement basis unless otherwise
23.14provided in this section. Notwithstanding
23.15Minnesota Statutes, section 16A.41,
23.16expenditures directly related to each
23.17appropriation's purpose made on or after July
23.181, 2011, are eligible for reimbursement unless
23.19otherwise provided in this section. Periodic
23.20reimbursement must be made upon receiving
23.21documentation that the deliverable items
23.22articulated in the approved accomplishment
23.23plan have been achieved, including partial
23.24achievements as evidenced by approved
23.25progress reports. Reasonable amounts may
23.26be advanced to projects to accommodate
23.27cash flow needs, support future management
23.28of acquired lands, or match a federal share.
23.29The advances must be approved as part of
23.30the accomplishment plan. Capital equipment
23.31expenditures for specific items in excess of
23.32$10,000 must be itemized in and approved as
23.33part of the accomplishment plan.
24.1A political subdivision, public or private
24.2corporation, or other entity that receives an
24.3appropriation under this section must use the
24.4appropriation in compliance with Minnesota
24.5Statutes, sections 16B.121, regarding
24.6purchase of recycled, repairable, and durable
24.7materials, and 16B.122, regarding purchase
24.8and use of paper stock and printing.
24.10Structural and nonstructural facilities must
24.11meet the design standards in the Americans
24.12with Disabilities Act (ADA) accessibility
24.13guidelines.
24.15(a) An interest in real property, including, but
24.16not limited to, an easement or fee title that
24.17is acquired with money appropriated under
24.18this section must be used in perpetuity or for
24.19the specific term of an easement interest for
24.20the purpose for which the appropriation was
24.21made.
24.22(b) A recipient of funding who acquires
24.23an interest in real property subject to this
24.24subdivision may not alter the intended use
24.25of the interest in real property or convey
24.26any interest in the real property acquired
24.27with the appropriation without the prior
24.28review and approval of the Lessard-Sams
24.29Outdoor Heritage Council or its successor.
24.30The council shall notify the chairs and
24.31ranking minority members of the legislative
24.32committees and divisions with jurisdiction
24.33over the outdoor heritage fund at least 15
24.34business days before approval under this
24.35paragraph. The council shall establish
25.1procedures to review requests from recipients
25.2to alter the use of or convey an interest in
25.3real property. These procedures shall allow
25.4for the replacement of the interest in real
25.5property with another interest in real property
25.6meeting the following criteria: (1) the
25.7interest must be at least equal in fair market
25.8value, as certified by the commissioner
25.9of natural resources, to the interest being
25.10replaced; and (2) the interest must be in a
25.11reasonably equivalent location and have a
25.12reasonably equivalent useful conservation
25.13purpose compared to the interest being
25.14replaced, taking into consideration all effects
25.15from fragmentation of the whole habitat.
25.16(c) A recipient of funding who acquires an
25.17interest in real property under paragraph
25.18(a) must separately record a notice of
25.19funding restrictions in the appropriate local
25.20government office where the conveyance
25.21of the interest in real property is filed. The
25.22notice of funding agreement must contain:
25.23(1) a legal description of the interest in real
25.24property covered by the funding agreement;
25.25(2) a reference to the underlying funding
25.26agreement; (3) a reference to this section; and
25.27(4) the following statement: "This interest
25.28in real property shall be administered in
25.29accordance with the terms, conditions, and
25.30purposes of the grant agreement controlling
25.31the acquisition of the property. The interest
25.32in real property, or any portion of the interest
25.33in real property, shall not be sold, transferred,
25.34pledged, or otherwise disposed of or further
25.35encumbered without obtaining the prior
25.36written approval of the Lessard-Sams
26.1Outdoor Heritage Council or its successor.
26.2The ownership of the interest in real property
26.3shall transfer to the state if: (1) the holder of
26.4the interest in real property fails to comply
26.5with the terms and conditions of the grant
26.6agreement or accomplishment plan; or
26.7(2) restrictions are placed on the land that
26.8preclude its use for the intended purpose as
26.9specified in the appropriation."
26.11By December 1 each year, a recipient of
26.12money appropriated under this section that
26.13is used for the acquisition of an interest in
26.14real property, including, but not limited to,
26.15an easement or fee title, must submit annual
26.16reports on the status of the real property to
26.17the Lessard-Sams Outdoor Heritage Council
26.18or its successor in a form determined by the
26.19council. The responsibility for reporting
26.20under this section may be transferred by
26.21the recipient of the appropriation to another
26.22person or entity that holds the interest in the
26.23real property. To complete the transfer of
26.24reporting responsibility, the recipient of the
26.25appropriation must: (1) inform the person
26.26to whom the responsibility is transferred of
26.27that person's reporting responsibility; (2)
26.28inform the person to whom the responsibility
26.29is transferred of the property restrictions
26.30under subdivision 13; and (3) provide written
26.31notice to the council of the transfer of
26.32reporting responsibility, including contact
26.33information for the person to whom the
26.34responsibility is transferred. After the
26.35transfer, the person or entity that holds the
27.1interest in the real property is responsible for
27.2reporting requirements under this section.
27.5Money appropriated under this section
27.6for easement monitoring and enforcement
27.7may be spent only on activities included in
27.8an easement monitoring and enforcement
27.9plan contained within the accomplishment
27.10plan. Money received for monitoring
27.11and enforcement, including earnings on
27.12the money received, shall be kept in a
27.13monitoring and enforcement fund held by
27.14the organization and dedicated to monitoring
27.15and enforcing conservation easements within
27.16Minnesota. Within 120 days after the close
27.17of the entity's fiscal year, an entity receiving
27.18appropriations for easement monitoring
27.19and enforcement must provide an annual
27.20financial report to the Lessard-Sams Outdoor
27.21Heritage Council on the easement monitoring
27.22and enforcement fund as specified in the
27.23accomplishment plan. Money appropriated
27.24under this section for monitoring and
27.25enforcement of easements and earnings on
27.26the money appropriated shall revert to the
27.27state if: (1) the easement transfers to the
27.28state under subdivision 13; (2) the holder of
27.29the easement fails to file an annual report
27.30and then fails to cure that default within 30
27.31days of notification of the default by the
27.32state; or (3) the holder of the easement fails
27.33to comply with the terms of the monitoring
27.34and enforcement plan contained within the
27.35accomplishment plan and fails to cure that
28.1default within 90 days of notification of the
28.2default by the state.
28.4The Lessard-Sams Outdoor Heritage Council
28.5may approve the continuation of a project
28.6with an organization that has adopted
28.7a new name. Continuation of a project
28.8with an organization that has undergone
28.9a significant change in mission, structure,
28.10or purpose requires: (1) notice to the
28.11chairs of the legislative committees with
28.12relevant jurisdiction; and (2) presentation
28.13by the council of proposed legislation either
28.14ratifying or rejecting continued involvement
28.15with the new organization.
28.17(a) Mississippi River Bluffland Prairie
28.18Protection Initiative
28.19Of the amount appropriated in Laws 2009,
28.20chapter 172, article 1, section 2, subdivision
28.212, paragraph (f), $65,000 is for deposit in
28.22a monitoring and enforcement account as
28.23authorized in subdivision 15.
28.24(b) Critical Shoreline Habitat Protection
28.25Program
28.26Of the amount appropriated in Laws 2010,
28.27chapter 361, article 1, section 2, subdivision
28.283, paragraph (a), $187,000 is for deposit in
28.29a monitoring and enforcement account as
28.30authorized in subdivision 15.
28.31(c) Riparian and Lakeshore Protection in
28.32Dakota County
28.33Of the amount appropriated in Laws 2010,
28.34chapter 361, article 1, section 2, subdivision
29.15, paragraph (d), $80,000 is for deposit in
29.2a monitoring and enforcement account as
29.3authorized in subdivision 15.
29.4(d) Valley Creek Protection Partnership
29.5Of the amount appropriated in Laws 2010,
29.6chapter 361, article 1, section 2, subdivision
29.75, paragraph (e), $12,000 is for deposit in
29.8a monitoring and enforcement account as
29.9authorized in subdivision 15.
29.10 Sec. 3. [84.68] FORESTS FOR THE FUTURE CONSERVATION EASEMENT
29.11ACCOUNT.
29.12 Subdivision 1. Account established; sources. The forests for the future
29.13conservation easement account is created in the natural resources fund in the state treasury.
29.14The following revenue shall be deposited in the account:
29.15(1) contributions to the account or specified for any purposes of the account;
29.16(2) financial contributions required under section 84.66, subdivision 11, or other
29.17applicable law; and
29.18(3) money appropriated or transferred for the purposes described in subdivision 2.
29.19Interest earned on money in the account accrues to the account.
29.20 Subd. 2. Appropriation; purposes of account. Money in the forests for the future
29.21conservation easement account is appropriated annually to the commissioner of natural
29.22resources and may be spent only to cover the costs of managing forests for the future
29.23conservation easements held by the Department of Natural Resources, including costs
29.24incurred from monitoring, landowner contracts, record keeping, processing landowner
29.25notices, requests for approval or amendments, and enforcement.
29.26EFFECTIVE DATE.This section is effective the day following final enactment.
29.27 Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
29.28to read:
29.29 Subd. 1a. Outdoor heritage land management account. An outdoor heritage
29.30land management account is created as an account in the special revenue fund. The
29.31State Board of Investment shall ensure the account is invested under section 11A.24.
29.32The commissioner of management and budget shall credit to the account all money
29.33appropriated to the account and all money earned by the account. The principal of the
30.1account and any unexpended earnings must be invested and reinvested by the State Board
30.2of Investment. Nothing in this section limits the source of contributions to the account.
30.3No more than five and one-half percent of the market value of the account as of June 30
30.4of the prior fiscal year is appropriated to the commissioner of natural resources to pay
30.5for future restoration and enhancement of lands purchased in fee with monies from the
30.6outdoor heritage fund and held by the state.
30.7 Sec. 5. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
30.8to read:
30.9 Subd. 1b. Definitions. For the purpose of appropriations from the outdoor heritage
30.10fund, "recipient" means the entity responsible for deliverables financed by the outdoor
30.11heritage fund.
30.12EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
30.13 Sec. 6. Minnesota Statutes 2010, section 97A.056, subdivision 2, is amended to read:
30.14 Subd. 2. Lessard-Sams Outdoor Heritage Council. (a) The Lessard-Sams
30.15Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of:
30.16 (1) two public members appointed by the senate Subcommittee on Committees of
30.17the Committee on Rules and Administration;
30.18 (2) two public members appointed by the speaker of the house;
30.19 (3) four public members appointed by the governor;
30.20 (4) two members of the senate appointed by the senate Subcommittee on Committees
30.21of the Committee on Rules and Administration; and
30.22 (5) two members of the house of representatives appointed by the speaker of the
30.23house.
30.24 (b) Members appointed under paragraph (a) must not be registered lobbyists.
30.25In making appointments, the governor, senate Subcommittee on Committees of the
30.26Committee on Rules and Administration, and the speaker of the house shall consider
30.27geographic balance, gender, age, ethnicity, and varying interests including hunting and
30.28fishing. The governor's appointments to the council are subject to the advice and consent
30.29of the senate.
30.30 (c) Public members appointed under paragraph (a) shall have practical experience
30.31or expertise or demonstrated knowledge in the science, policy, or practice of restoring,
30.32protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
30.33wildlife.
31.1 (d) Legislative members appointed under paragraph (a) shall include the chairs
31.2of the legislative committees with jurisdiction over environment and natural resources
31.3finance or their designee, one member from the minority party of the senate, and one
31.4member from the minority party of the house of representatives.
31.5 (e) Public members serve four-year termsand. Appointed legislative members serve
31.6at the pleasure of the appointing authority. Public and legislative members continue to
31.7serve until their successors are appointed. Public members shall be initially appointed
31.8according to the following schedule of terms:
31.9 (1) two public members appointed by the governor for a term ending the first
31.10Monday in January 2011;
31.11 (2) one public member appointed by the senate Subcommittee on Committees of the
31.12Committee on Rules and Administration for a term ending the first Monday in January
31.132011;
31.14 (3) one public member appointed by the speaker of the house for a term ending
31.15the first Monday in January 2011;
31.16 (4) two public members appointed by the governor for a term ending the first
31.17Monday in January 2013;
31.18 (5) one public member appointed by the senate Subcommittee on Committees of the
31.19Committee on Rules and Administration for a term ending the first Monday in January
31.202013; and
31.21 (6) one public member appointed by the speaker of the house for a term ending the
31.22first Monday in January 2013; and.
31.23(7) two members of the senate appointed by the senate Subcommittee on Committees
31.24of the Committee on Rules and Administration for a term ending the first Monday in
31.25January 2013, and two members of the house of representatives appointed by the speaker
31.26of the house for a term ending the first Monday in January 2013.
31.27 (f) Compensation and removal of public members are as provided in section
31.2815.0575
. A vacancy on the council may be filled by the appointing authority for the
31.29remainder of the unexpired term.
31.30 (g) The first meeting of the council shall be convened by the chair of the Legislative
31.31Coordinating Commission no later than December 1, 2008. Members shall elect a chair,
31.32vice-chair, secretary, and other officers as determined by the council. The chair may
31.33convene meetings as necessary to conduct the duties prescribed by this section.
31.34 (h) Upon coordination with and approval by the Legislative Coordinating
31.35Commission, the council may appoint nonpartisan staff and contract with consultants
31.36as necessary to carry out the functions of the council. Up to one percent of the money
32.1appropriated from the fund may be used to pay for administrative expenses of the council
32.2and for compensation and expense reimbursement of council members.
32.3 Sec. 7. Minnesota Statutes 2010, section 97A.056, subdivision 3, is amended to read:
32.4 Subd. 3. Council recommendations. (a) The council shall make recommendations
32.5to the legislature on appropriations of money from the outdoor heritage fund that are
32.6consistent with the Constitution and state law and that will achieve the outcomes of
32.7existing natural resource plans, including, but not limited to, the Minnesota Statewide
32.8Conservation and Preservation Plan, that directly relate to the restoration, protection, and
32.9enhancement of wetlands, prairies, forests, and habitat for fish, game, and wildlife, and that
32.10prevent forest fragmentation, encourage forest consolidation, and expand restored native
32.11prairie. In making recommendations, the council shall consider a range of options that
32.12would best restore, protect, and enhance wetlands, prairies, forests, and habitat for fish,
32.13game, and wildlife, and shall not adopt definitions of "restore", "protect", or "enhance" that
32.14would limit the council from considering options that are consistent with the Constitution.
32.15The council shall consider prevention measures to protect fish from aquatic invasive
32.16species consistent with the Constitution, in order to protect habitat for fish. The council
32.17shall submit itsinitial recommendations to the legislature no later than April 1, 2009.
32.18Subsequent recommendations shall be submitted no later than January 15 each year. The
32.19council shall present its recommendations to the senate and house of representatives
32.20committees with jurisdiction over the environment and natural resources budget by
32.21February 15 in odd-numbered years, and within the first four weeks of the legislative
32.22session in even-numbered years. The council's budget recommendations to the legislature
32.23shall be separate from the Department of Natural Resource's budget recommendations.
32.24 (b) To encourage and support local conservation efforts, the council shall establish a
32.25conservation partners program. Local, regional, state, or national organizations may apply
32.26for matching grants for restoration, protection, and enhancement of wetlands, prairies,
32.27forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation,
32.28encouragement of forest consolidation, and expansion of restored native prairie.
32.29 (c) The council may work with the Clean Water Council to identify projects that
32.30are consistent with both the purpose of the outdoor heritage fund and the purpose of
32.31the clean water fund.
32.32 (d) The council may make recommendations to the Legislative-Citizen Commission
32.33on Minnesota Resources on scientific research that will assist in restoring, protecting, and
32.34enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing
33.1forest fragmentation, encouraging forest consolidation, and expanding restored native
33.2prairie.
33.3 (e) Recommendations of the council, including approval of recommendations for the
33.4outdoor heritage fund, require an affirmative vote of at least nine members of the council.
33.5(f) The council may work with the Clean Water Council, the Legislative-Citizen
33.6Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and
33.7water conservation districts, and experts from Minnesota State Colleges and Universities
33.8and the University of Minnesota in developing the council's recommendations.
33.9(g) The council shall develop and implement a process that ensures that citizens
33.10and potential recipients of funds are included throughout the process, including the
33.11development and finalization of the council's recommendations. The process must include
33.12a fair, equitable, and thorough process for reviewing requests for funding and a clear and
33.13easily understood process for ranking projects.
33.14(h) The council shall use the regions of the state based upon the ecological
33.15regions and subregions developed by the Department of Natural Resources and establish
33.16objectives for each region and subregion to achieve the purposes of the fund outlined
33.17in the state constitution.
33.18(i) The council shall develop and submit to the Legislative Coordinating Commission
33.19plans for the first ten years of funding, and a framework for 25 years of funding, consistent
33.20with statutory and constitutional requirements. The council may use existing plans from
33.21other legislative, state, and federal sources, as applicable.
33.22 Sec. 8. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
33.23to read:
33.24 Subd. 11. Commissioner approval; acquisitions. The commissioner must agree in
33.25writing to each proposed acquisition of land or interest in land, including an easement,
33.26purchased with an appropriation from the outdoor heritage fund that is intended to be
33.27transferred to the commissioner. Prior to signing the written agreement, the commissioner
33.28must determine that the acquisition meets the Department of Natural Resources' precision
33.29acquisition goals.
33.30 Sec. 9. Laws 2009, chapter 172, article 1, section 2, subdivision 3, is amended to read:
33.32$18,000,000 in fiscal year 2010 and
33.33$18,000,000 in fiscal year 2011 are to the
33.34commissioner of natural resources to acquire
34.1land or permanent working forest easements
34.2on private forests in areas identified through
34.3the Minnesota forests for the future program
34.4under Minnesota Statutes, section84.66 .
34.5Up to $750,000 in fiscal year 2011 may
34.6be transferred to the forests for the future
34.7conservation easement account and used
34.8for the purposes specified under Minnesota
34.9Statutes, section 84.68, subdivision 2.
34.10Priority must be given to acquiring land
34.11or interests in private lands within existing
34.12Minnesota state forest boundaries. Any
34.13easements acquired must have a forest
34.14management plan as defined in Minnesota
34.15Statutes, section290C.02, subdivision 7 .
34.16A list of proposed fee title and easement
34.17acquisitions must be provided as part of the
34.18required accomplishment plan.The fiscal
34.19year 2011 appropriation is available only for
34.20acquisitions that, by August 15, 2009, are:
34.21(1) subject to a binding agreement with the
34.22commissioner; and
34.23(2) matched by at least $9,000,000 in private
34.24donations.
34.25 Sec. 10. Laws 2009, chapter 172, article 1, section 2, subdivision 15, is amended to
34.26read:
34.28By December 1 each year, a recipient of
34.29money appropriated under this section that
34.30is used for the acquisition of an interest in
34.31real property, including but not limited to
34.32an easement or fee title, must submit annual
34.33reports on the status of the real property to
34.34the Lessard Outdoor Heritage Council or
35.1its successor in a form determined by the
35.2council. The responsibility for reporting
35.3under this section may be transferred by
35.4the recipient of the appropriation to another
35.5person or entity that holds the interest in the
35.6real property. To complete the transfer of
35.7reporting responsibility, the recipient of the
35.8appropriation must:
35.9(1) inform the person to whom the
35.10responsibility is transferred of that person's
35.11reporting responsibility;
35.12(2) inform the person to whom the
35.13responsibility is transferred of the property
35.14restrictions under subdivision 14; and
35.15(3) provide written notice to the council
35.16of the transfer of reporting responsibility,
35.17including contact information for the person
35.18to whom the responsibility is transferred.
35.19Before the transfer, the entity receiving
35.20the transfer of property must certify to the
35.21Lessard Outdoor Heritage Council, or its
35.22successor, acceptance of all obligations and
35.23responsibilities held by the prior owner.
35.24After the transfer, the person or entity that
35.25holds the interest in the real property is
35.26responsible for reporting requirements under
35.27this section.
35.28 Sec. 11. Laws 2010, chapter 361, article 1, section 2, subdivision 14, is amended to
35.29read:
35.31By December 1 each year, a recipient of
35.32money appropriated under this section that
35.33is used for the acquisition of an interest in
35.34real property, including, but not limited to,
36.1an easement or fee title, must submit annual
36.2reports on the status of the real property to
36.3the Lessard-Sams Outdoor Heritage Council
36.4or its successor in a form determined by the
36.5council. The responsibility for reporting
36.6under this section may be transferred by
36.7the recipient of the appropriation to another
36.8person or entity that holds the interest in the
36.9real property. To complete the transfer of
36.10reporting responsibility, the recipient of the
36.11appropriation must: (1) inform the person
36.12to whom the responsibility is transferred of
36.13that person's reporting responsibility; (2)
36.14inform the person to whom the responsibility
36.15is transferred of the property restrictions
36.16under subdivision 13; and (3) provide written
36.17notice to the council of the transfer of
36.18reporting responsibility, including contact
36.19information for the person to whom the
36.20responsibility is transferred; and (4) provide
36.21the Lessard-Sams Outdoor Heritage Council
36.22or its successor written documentation from
36.23the person or entity holding the interest in
36.24real property certifying its acceptance of all
36.25reporting obligations and responsibilities
36.26previously held by the recipient of the
36.27appropriation. After the transfer, the person
36.28or entity that holds the interest in the
36.29real property is responsible for reporting
36.30requirements under this section.
36.31 Sec. 12. REPEALER.
36.32Minnesota Statutes 2010, section 84.02, subdivisions 1, 2, 3, 4, 6, 7, and 8, are
36.33repealed.
37.4The sums shown in the columns marked "Appropriations" are appropriated to the
37.5agencies and for the purposes specified in this article. The appropriations are from the
37.6clean water fund, and are available for the fiscal years indicated for allowable activities
37.7under the Minnesota Constitution, article XI, section 15. "The first year" is fiscal year
37.82012. "The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and
37.92013. The appropriations in this article are onetime.
37.16The amounts that may be spent for each
37.17purpose are specified in the following
37.18sections.
37.20Money appropriated in this article may
37.21not be spent on activities unless they are
37.22directly related to and necessary for a specific
37.23appropriation. Money appropriated in this
37.24article must not be spent on indirect costs
37.25or other institutional overhead charges that
37.26are not directly related to and necessary for
37.27a specific appropriation. Notwithstanding
37.28Minnesota Statutes, section 16A.28, and
37.29unless otherwise specified in this article,
37.30fiscal year 2012 appropriations are available
37.31until June 30, 2013, and fiscal year 2013
37.32appropriations are available until June 30,
37.332014. If a project receives federal funds, the
38.1time period of the appropriation is extended
38.2to equal the availability of federal funding.
38.4(a) $350,000 the first year and $350,000 the
38.5second year are to increase monitoring for
38.6pesticides and pesticide degradates in surface
38.7water and groundwater and to use data
38.8collected to assess pesticide use practices.
38.9(b) $850,000 the first year and $850,000
38.10the second year are to increase monitoring
38.11and evaluate trends in the concentration of
38.12nitrates in groundwater in high-risk areas
38.13and regionally and to promote and evaluate
38.14regional and crop-specific nutrient best
38.15management practices. This appropriation is
38.16available until spent.
38.17(c) $5,000,000 the first year and $5,000,000
38.18the second year are for the agriculture best
38.19management practices loan program. At
38.20least $4,000,000 the first year and at least
38.21$4,400,000 the second year are for transfer to
38.22the clean water agricultural best management
38.23practices loan account and are available
38.24for pass-through to local governments
38.25and lenders for low-interest loans. Any
38.26unencumbered balance that is not used for
38.27pass-through to local governments does not
38.28cancel at the end of the first year and is
38.29available for the second year.
38.30(d) $700,000 the first year and $700,000
38.31the second year are for pilot projects
38.32and technical assistance on proper
38.33implementation of best management
38.34practices for nonpoint contributions to
39.1impaired waters. This appropriation is
39.2available until spent.
39.3(e) $1,050,000 the first year and $1,050,000
39.4the second year are for research to quantify
39.5agricultural contributions to impaired waters
39.6and for development and evaluation of
39.7best management practices to protect and
39.8restore water resources while maintaining
39.9productivity. This appropriation is available
39.10until spent.
39.11(f) $250,000 the first year and $250,000 the
39.12second year are for a research inventory
39.13database containing water-related research
39.14activities that have been publicly funded.
39.16(a) $11,185,000 the first year and $11,185,000
39.17the second year are for the total maximum
39.18daily load (TMDL) grant program under
39.19Minnesota Statutes, section 446A.073. This
39.20appropriation is available until spent.
39.21(b) $4,275,000 the first year and $4,275,000
39.22the second year are for the clean water legacy
39.23phosphorus reduction grant program under
39.24Minnesota Statutes, section 446A.074. This
39.25appropriation is available until spent.
39.26(c) $1,250,000 the first year and $1,250,000
39.27the second year are for small community
39.28wastewater treatment grants and loans under
39.29Minnesota Statutes, section 446A.075. This
39.30appropriation is available until spent.
39.31(d) If there are any uncommitted funds at the
39.32end of each fiscal year under paragraph (a),
39.33(b), or (c), the Public Facilities Authority
39.34may transfer the remaining funds to eligible
40.1projects under any of the programs listed
40.2under this section, based on their priority
40.3rank on the Pollution Control Agency's
40.4project priority list.
40.6(a) $7,500,000 the first year and $7,500,000
40.7the second year are for completion of 20
40.8percent of the needed statewide assessments
40.9of surface water quality and trends. Of
40.10this amount, $100,000 the first year and
40.11$100,000 the second year are for grants
40.12to the Red River Watershed Management
40.13Board to enhance and expand the existing
40.14water quality and watershed monitoring river
40.15watch activities in the schools in the Red
40.16River of the North. The Red River Watershed
40.17Management Board shall provide a report to
40.18the commissioner of the Pollution Control
40.19Agency and the legislative committees and
40.20divisions with jurisdiction over environment
40.21and natural resources finance and policy and
40.22the clean water fund by February 15, 2013,
40.23on the expenditure of these funds.
40.24(b) $9,400,000 the first year and $9,400,000
40.25the second year are to develop total maximum
40.26daily load (TMDL) studies and TMDL
40.27implementation plans for waters listed on
40.28the United States Environmental Protection
40.29Agency approved impaired waters list in
40.30accordance with Minnesota Statutes, chapter
40.31114D. The agency shall complete an average
40.32of ten percent of the TMDL's each year over
40.33the biennium.
40.34(c) $1,125,000 the first year and $1,125,000
40.35the second year are for groundwater
41.1assessment, including enhancing the
41.2ambient monitoring network, modeling,
41.3and continuing to monitor for and assess
41.4contaminants of emerging concern.
41.5(d) $750,000 the first year and $750,000
41.6the second year are for water quality
41.7improvement in the lower St. Louis River
41.8and Duluth harbor. This appropriation must
41.9be matched by a rate of 65 percent nonstate
41.10funds to 35 percent state funds.
41.11(e) $1,250,000 the first year and $1,250,000
41.12the second year are for the clean water
41.13partnership program to provide grants
41.14to protect and improve the basins and
41.15watersheds of the state and provide financial
41.16and technical assistance to study waters
41.17with nonpoint source pollution problems.
41.18Priority shall be given to projects preventing
41.19impairments and degradation of lakes, rivers,
41.20streams, and groundwater in accordance
41.21with Minnesota Statutes, section 114D.20,
41.22subdivision 2, clause (4). Any balance
41.23remaining in the first year does not cancel
41.24and is available for the second year.
41.25(f) $400,000 the first year and $400,000 the
41.26second year are for storm water research and
41.27guidance.
41.28(g) $1,150,000 the first year and $1,150,000
41.29the second year are for TMDL research and
41.30database development.
41.31(h) $800,000 the first year and $800,000
41.32the second year are for national pollutant
41.33discharge elimination system wastewater and
41.34storm water TMDL implementation efforts.
42.1(i) $225,000 the first year and $225,000
42.2the second year are transferred to the
42.3commissioner of administration for the
42.4Environmental Quality Board in cooperation
42.5with the United States Geological Survey
42.6to characterize groundwater flow and
42.7aquifer properties in the I-94 corridor in
42.8cooperation with local units of government.
42.9This appropriation is available until June 30,
42.102014.
42.11(j) $500,000 the first year is for a wild rice
42.12standards study.
42.13Notwithstanding Minnesota Statutes, section
42.1416A.28, the appropriations encumbered on or
42.15before June 30, 2013, as grants or contracts in
42.16this section are available until June 30, 2016.
42.19(a) $1,825,000 the first year and $1,825,000
42.20the second year are for the continuation and
42.21expansion of stream flow monitoring.
42.22(b) $1,150,000 the first year and $1,150,000
42.23the second year are for lake Index of
42.24Biological Integrity (IBI) assessments,
42.25including assessment of 400 additional lakes
42.26and technical analysis to develop an aquatic
42.27plant IBI analysis. The commissioner shall
42.28work with the commissioner of the Pollution
42.29Control Agency on the development of an
42.30assessment tool.
42.31(c) $130,000 the first year and $130,000
42.32the second year are for assessing mercury
42.33contamination of fish, including monitoring
42.34to track the status of waters impaired by
43.1mercury and mercury reduction efforts over
43.2time.
43.3(d) $1,730,000 the first year and $1,730,000
43.4the second year are for TMDL development
43.5and TMDL implementation plans for waters
43.6listed on the United States Environmental
43.7Protection Agency approved impaired waters
43.8list in accordance with Minnesota Statutes,
43.9chapter 114D, and for development of a
43.10watershed assessment tool.
43.11(e) $1,500,000 the first year and $1,500,000
43.12the second year are for water supply
43.13planning, aquifer protection, and monitoring
43.14activities.
43.15(f) $450,000 the first year and $450,000 the
43.16second year are for establishing a Web-based
43.17electronic permitting system to capture water
43.18appropriation use information.
43.19(g) $1,725,000 the first year and $1,725,000
43.20the second year are for shoreland
43.21stewardship, TMDL implementation
43.22coordination, providing technical assistance
43.23to the Drainage Work Group and Drainage
43.24Management Team, and maintaining and
43.25updating data. Of this amount, $235,000
43.26each year is for maintaining and updating
43.27watershed boundaries and integrating
43.28high-resolution digital elevation data with
43.29watershed modeling and $40,000 each year
43.30is for a biomonitoring database. TMDL
43.31implementation coordination efforts shall be
43.32focused on major watersheds with TMDL
43.33implementation plans, including forested
43.34watersheds.
44.1(h) $1,350,000 the first year and $1,350,000
44.2the second year are to acquire and distribute
44.3high-resolution digital elevation data using
44.4light detection and ranging to aid with
44.5impaired waters modeling and TMDL
44.6implementation under Minnesota Statutes,
44.7chapter 114D. The money shall be used to
44.8collect data for areas of the state that have
44.9not acquired such data prior to January
44.101, 2007, or to complete acquisition and
44.11distribution of the data for those areas of
44.12the state that have not previously received
44.13state funds for acquiring and distributing the
44.14data. The distribution of data acquired under
44.15this paragraph must be conducted under
44.16the auspices of the Minnesota Geospatial
44.17Information Office, which shall receive up
44.18to 2.5 percent of the appropriation in this
44.19paragraph to support coordination of data
44.20acquisition and distribution. Mapping and
44.21data set distribution under this paragraph
44.22must be completed within three years of
44.23funds availability. The commissioner shall
44.24utilize department staff whenever possible.
44.25The commissioner may contract for services
44.26only if the services cannot otherwise be
44.27provided by the department.
44.28(i) $1,000,000 the first year is for
44.29implementation of the metropolitan
44.30groundwater monitoring and protection
44.31activities under Minnesota Laws 2010,
44.32chapter 361, article 2, section 4, subdivision
44.332.
45.1(a) $13,750,000 the first year and
45.2$13,750,000 the second year are for
45.3pollution reduction and restoration grants
45.4to local government units and joint powers
45.5organizations of local government units to
45.6protect surface water and drinking water; to
45.7keep water on the land; to protect, enhance,
45.8and restore water quality in lakes, rivers,
45.9and streams; and to protect groundwater
45.10and drinking water, including feedlot water
45.11quality and subsurface sewage treatment
45.12system (SSTS) projects and stream bank,
45.13stream channel, and shoreline restoration
45.14projects. The projects must be of long-lasting
45.15public benefit, include a match, and be
45.16consistent with TMDL implementation plans
45.17or local water management plans.
45.18(b) $3,000,000 the first year and $3,000,000
45.19the second year are for targeted local
45.20resource protection and enhancement grants.
45.21The board shall give priority consideration
45.22to projects and practices that complement,
45.23supplement, or exceed current state standards
45.24for protection, enhancement, and restoration
45.25of water quality in lakes, rivers, and streams
45.26or that protect groundwater from degradation.
45.27Of this amount, at least $1,500,000 each year
45.28is for SSTS county implementation.
45.29(c) $900,000 the first year and $900,000 the
45.30second year are to provide state oversight
45.31and accountability, evaluate results, and
45.32measure the value of conservation program
45.33implementation by local governments,
45.34including submission to the legislature
45.35by March 1 each year an annual report
45.36prepared by the board, in consultation with
46.1the commissioners of natural resources,
46.2health, agriculture, and the Pollution Control
46.3Agency, detailing the recipients and projects
46.4funded under this section. The board shall
46.5require grantees to specify the outcomes that
46.6will be achieved by the grants prior to any
46.7grant awards.
46.8(d) $1,000,000 the first year and $1,000,000
46.9the second year are for technical assistance
46.10and grants for the conservation drainage
46.11program in consultation with the Drainage
46.12Work Group that consists of projects to
46.13retrofit existing drainage systems with
46.14water quality improvement practices,
46.15evaluate outcomes, and provide outreach
46.16to landowners, public drainage authorities,
46.17drainage engineers and contractors, and
46.18others.
46.19(e) $6,000,000 the first year and $6,000,000
46.20the second year are to purchase and restore
46.21permanent conservation easements on
46.22riparian buffers adjacent to public waters,
46.23excluding wetlands, to keep water on the
46.24land in order to decrease sediment, pollutant,
46.25and nutrient transport; reduce hydrologic
46.26impacts to surface waters; and increase
46.27infiltration for groundwater recharge. The
46.28riparian buffers must be at least 50 feet
46.29unless there is a natural impediment, a road,
46.30or other impediment beyond the control
46.31of the landowner. This appropriation may
46.32be used for restoration of riparian buffers
46.33protected by easements purchased with
46.34this appropriation and for stream bank
46.35restorations when the riparian buffers have
46.36been restored.
47.1(f) $1,300,000 the first year and $1,300,000
47.2the second year are for permanent
47.3conservation easements on wellhead
47.4protection areas under Minnesota Statutes,
47.5section 103F.515, subdivision 2, paragraph
47.6(d). Priority must be placed on land that
47.7is located where the vulnerability of the
47.8drinking water supply is designated as high
47.9or very high by the commissioner of health.
47.10(g) $1,500,000 the first year and $1,500,000
47.11the second year are for community partners
47.12grants to local units of government for:
47.13(1) structural or vegetative management
47.14practices that reduce storm water runoff
47.15from developed or disturbed lands to reduce
47.16the movement of sediment, nutrients, and
47.17pollutants for restoration, protection, or
47.18enhancement of water quality in lakes, rivers,
47.19and streams and to protect groundwater
47.20and drinking water; and (2) installation
47.21of proven and effective water retention
47.22practices including, but not limited to, rain
47.23gardens and other vegetated infiltration
47.24basins and sediment control basins in order
47.25to keep water on the land. The projects
47.26must be of long-lasting public benefit,
47.27include a local match, and be consistent with
47.28TMDL implementation plans or local water
47.29management plans. Local government unit
47.30staff and administration costs may be used
47.31as a match.
47.32(h) $84,000 the first year and $84,000 the
47.33second year are for a technical assistance
47.34panel to conduct up to ten restoration audits
47.35under Minnesota Statutes, section 114D.50,
47.36subdivision 6.
48.1(i) The board shall contract for services
48.2with Conservation Corps Minnesota for
48.3restoration, maintenance, and other activities
48.4under this section for $500,000 the first year
48.5and $500,000 the second year.
48.6(j) The board may shift grant or cost-share
48.7funds in this section and may adjust the
48.8technical and administrative assistance
48.9portion of the funds to leverage federal or
48.10other nonstate funds or to address oversight
48.11responsibilities or high-priority needs
48.12identified in local water management plans.
48.13(k) The appropriations in this section are
48.14available until spent.
48.16(a) $1,020,000 the first year and $1,020,000
48.17the second year are for addressing public
48.18health concerns related to contaminants
48.19found in Minnesota drinking water for which
48.20no health-based drinking water standard
48.21exists.
48.22(b) $1,415,000 the first year and $1,415,000
48.23the second year are for protection of drinking
48.24water sources.
48.25(c) $250,000 the first year and $250,000 the
48.26second year are for cost-share assistance to
48.27public and private well owners for up to 50
48.28percent of the cost of sealing unused wells.
48.29(d) $303,000 the first year and $365,000 the
48.30second year are to expand the county well
48.31index.
49.1$500,000 the first year and $500,000 the
49.2second year are for implementation of the
49.3master water supply plan developed under
49.4Minnesota Statutes, section 473.1565.
49.6$14,000 the first year is for the Legislative
49.7Coordinating Commission for the costs of
49.8developing and implementing a Web site to
49.9contain information on projects receiving
49.10appropriations from the clean water fund and
49.11other constitutionally dedicated funds.
49.13(a) The appropriations in Laws 2009, chapter
49.14172, article 2, section 4, paragraph (g), as
49.15amended by Laws 2010, chapter 361, article
49.162, section 2, are available until June 30,
49.172013, and may be spent to continue research
49.18and testing on the potential for coal tar
49.19contamination of waters, on the study of
49.20treatment and disposal options, and for grants
49.21to local units of government.
49.22(b) The appropriation in Laws 2010, chapter
49.23361, article 2, section 4, subdivision 1, for
49.24nitrogen and nitrate water quality standards
49.25rulemaking is available until June 30, 2012.
49.26(c) The appropriations in Laws 2009, chapter
49.27172, article 2, section 4, paragraph (a),
49.28as amended by Laws 2010, chapter 361,
49.29article 2, section 2, for total maximum
49.30daily load (TMDL) study development and
49.31implementation are available until June 30,
49.322014.
50.1(d) The appropriations in Laws 2009, chapter
50.2172, article 2, section 2, paragraph (d),
50.3for research and pilot projects related to
50.4ways agricultural practices contribute to
50.5restoring impaired waters and assist with the
50.6development of TMDL plans, are available
50.7until spent.
50.8 Sec. 12. Minnesota Statutes 2010, section 114D.10, is amended to read:
50.9114D.10 LEGISLATIVE PURPOSE AND FINDINGS.
50.10 Subdivision 1. Purpose. The purpose of the Clean Water Legacy Act is to protect,
50.11enhance, and restore, and preserve the water quality of Minnesota's surface waters in
50.12lakes, rivers, and streams and to protect groundwater from degradation, by providing
50.13authority, direction, and resources to achieve and maintain water quality standards for
50.14groundwater and surface watersas, including the standards required by section 303(d)
50.15of the federal Clean Water Act, United States Code, title 33, section 1313(d), and other
50.16applicable state and federal regulations.
50.17 Subd. 2. Findings. The legislature finds that:
50.18(1) there is a close link between protecting, enhancing, and restoring, and preserving
50.19the quality of Minnesota's groundwater and surface waters and the ability to develop the
50.20state's economy, enhance its quality of life, and protect its human and natural resources;
50.21(2) achieving the state's water quality goals will require long-term commitment and
50.22cooperation by all state and local agencies, and other public and private organizations
50.23and individuals, with responsibility and authority for water management, planning, and
50.24protection; and
50.25(3) all persons and organizations whose activities affect the quality of waters,
50.26including point and nonpoint sources of pollution, have a responsibility to participate in
50.27and support efforts to achieve the state's water quality goals.
50.28 Sec. 13. Minnesota Statutes 2010, section 114D.20, subdivision 1, is amended to read:
50.29 Subdivision 1. Coordination and cooperation. In implementing this chapter,
50.30public agencies and private entities shall take into consideration the relevant provisions of
50.31local and other applicable water management, conservation, land use, land management,
50.32and development plans and programs. Public agencies with authority for local water
50.33management, conservation, land use, land management, and development plans shall
50.34take into consideration the manner in which their plans affect the implementation of
51.1this chapter. Public agencies shall identify opportunities to participate and assist in the
51.2successful implementation of this chapter, including the funding or technical assistance
51.3needs, if any, that may be necessary. In implementing this chapter, public agencies shall
51.4endeavor to engage the cooperation of organizations and individuals whose activities
51.5affect the quality of groundwater or surface waters, including point and nonpoint sources
51.6of pollution, and who have authority and responsibility for water management, planning,
51.7and protection. To the extent practicable, public agencies shall endeavor to enter into
51.8formal and informal agreements and arrangements with federal agencies and departments
51.9to jointly utilize staff and educational, technical, and financial resources to deliver
51.10programs or conduct activities to achieve the intent of this chapter, including efforts
51.11under the federal Clean Water Act and other federal farm and soil and water conservation
51.12programs. Nothing in this chapter affects the application of silvicultural exemptions under
51.13any federal, state, or local law or requires silvicultural practices more stringent than those
51.14recommended in the timber harvesting and forest management guidelines adopted by the
51.15Minnesota Forest Resources Council under section89A.05 .
51.16 Sec. 14. Minnesota Statutes 2010, section 114D.20, subdivision 2, is amended to read:
51.17 Subd. 2. Goals for implementation. The following goals must guide the
51.18implementation of this chapter:
51.19(1) to identify impaired waters in accordance with federal TMDL requirements
51.20within ten years after the effective date of this section and thereafter to ensure continuing
51.21evaluation of surface waters for impairments;
51.22(2) to submit TMDL's to the United States Environmental Protection Agency for all
51.23impaired waters in a timely manner in accordance with federal TMDL requirements;
51.24(3) to set a reasonable time for implementing restoration of each identified impaired
51.25water;
51.26(4) to provide assistance and incentives to prevent waters from becoming impaired
51.27and to improve the quality of waters that are listed as impaired but do not have an
51.28approved TMDL addressing the impairment;
51.29(5) to promptly seek the delisting of waters from the impaired waters list when those
51.30waters are shown to achieve the designated uses applicable to the waters;and
51.31(6) to achieve compliance with federal Clean Water Act requirements in Minnesota.;
51.32(7) to support effective measures to prevent the degradation of groundwater
51.33according to the groundwater degradation prevention goal under section 103H.001; and
51.34(8) to support effective measures to restore degraded groundwater.
52.1 Sec. 15. Minnesota Statutes 2010, section 114D.20, subdivision 3, is amended to read:
52.2 Subd. 3. Implementation policies. The following policies must guide the
52.3implementation of this chapter:
52.4(1) develop regional and watershed TMDL's and TMDL implementation plans, and
52.5TMDL's and TMDL implementation plans for multiple pollutants, where reasonable and
52.6feasible;
52.7(2) maximize use of available organizational, technical, and financial resources to
52.8perform sampling, monitoring, and other activities to identify degraded groundwater and
52.9impaired waters, including use of citizen monitoring and citizen monitoring data used
52.10by the Pollution Control Agency in assessing water qualitymust meet that meets the
52.11requirements in Appendix D of the Volunteer Surface Water Monitoring Guide, Minnesota
52.12Pollution Control Agency (2003);
52.13(3) maximize opportunities for restoration of degraded groundwater and impaired
52.14waters, by prioritizing and targeting of available programmatic, financial, and technical
52.15resources and by providing additional state resources to complement and leverage
52.16available resources;
52.17(4) use existing regulatory authorities to achieve restoration for point and nonpoint
52.18sources of pollution where applicable, and promote the development and use of effective
52.19nonregulatory measures to address pollution sources for which regulations are not
52.20applicable;
52.21(5) use restoration methods that have a demonstrated effectiveness in reducing
52.22impairments and provide the greatest long-term positive impact on water quality protection
52.23and improvement and related conservation benefits while incorporating innovative
52.24approaches on a case-by-case basis;
52.25(6) identify for the legislature any innovative approaches that may strengthen or
52.26complement existing programs;
52.27(7) identify and encourage implementation of measures to prevent surface waters
52.28from becoming impaired and to improve the quality of waters that are listed as impaired
52.29but have no approved TMDL addressing the impairment using the best available data and
52.30technology, and establish and report outcome-based performance measures that monitor
52.31the progress and effectiveness of protection and restoration measures;and
52.32(8) monitor and enforce cost-sharing contracts and impose monetary damages in an
52.33amount up to 150 percent of the financial assistance received for failure to comply.; and
52.34(9) identify and encourage implementation of measures to prevent groundwater from
52.35becoming degraded and measures that restore groundwater resources.
53.1 Sec. 16. Minnesota Statutes 2010, section 114D.20, subdivision 6, is amended to read:
53.2 Subd. 6. Priorities for restoration of impaired waters. In implementing
53.3restoration of impaired waters, in addition to the priority considerations in subdivision 5,
53.4the Clean Water Council shall give priority in its recommendations for restoration funding
53.5from the clean waterlegacy account fund to restoration projects that:
53.6(1) coordinate with and utilize existing local authorities and infrastructure for
53.7implementation;
53.8(2) can be implemented in whole or in part by providing support for existing or
53.9ongoing restoration efforts;
53.10(3) most effectively leverage other sources of restoration funding, including federal,
53.11state, local, and private sources of funds;
53.12(4) show a high potential for early restoration and delisting based upon scientific
53.13data developed through public agency or citizen monitoring or other means; and
53.14(5) show a high potential for long-term water quality and related conservation
53.15benefits.
53.16 Sec. 17. Minnesota Statutes 2010, section 114D.20, subdivision 7, is amended to read:
53.17 Subd. 7. Priorities for funding prevention actions. The Clean Water Council
53.18shall apply the priorities applicable under subdivision 6, as far as practicable, when
53.19recommending priorities for funding actions to prevent groundwater and surface waters
53.20from becoming degraded or impaired and to improve the quality of surface waters that are
53.21listed as impaired but do not have an approved TMDL.
53.22 Sec. 18. Minnesota Statutes 2010, section 114D.30, is amended to read:
53.23114D.30 CLEAN WATER COUNCIL.
53.24 Subdivision 1. Creation; duties. A Clean Water Council is created to advise on the
53.25administration and implementation of this chapter, and foster coordination and cooperation
53.26as described in section114D.20, subdivision 1 . The council may also advise on the
53.27development of appropriate processes for expert scientific review as described in section
53.28114D.35
, subdivision 2. The Pollution Control Agency shall provide administrative
53.29support for the council with the support of other member agencies. The members of the
53.30council shall elect a chair from thenonagency voting members of the council.
53.31 Subd. 2. Membership; appointment. (a) The commissioners of natural resources,
53.32agriculture, health, and the Pollution Control Agency, and the executive director of the
53.33Board of Water and Soil Resources shall each appoint one person from their respective
53.34agency to serve as a nonvoting member of the council.Agency members serve as
54.1nonvoting members of the council. Two members of the house of representatives,
54.2including one member from the majority party and one member from the minority party,
54.3appointed by the speaker and two senators, including one member from the majority
54.4party and one member from the minority party, appointed according to the rules of the
54.5senate shall serve at the pleasure of the appointing authority as nonvoting members of
54.6the council. Agency and legislative members appointed under this paragraph serve as
54.7nonvoting members of the council.
54.8(b) Nineteenadditional nonagency voting members of the council shall be appointed
54.9by the governor as follows:
54.10(1) two members representing statewide farm organizations;
54.11(2) two members representing business organizations;
54.12(3) two members representing environmental organizations;
54.13(4) one member representing soil and water conservation districts;
54.14(5) one member representing watershed districts;
54.15(6) one member representing nonprofit organizations focused on improvement of
54.16Minnesota lakes or streams;
54.17(7) two members representing organizations of county governments, one member
54.18representing the interests of rural counties and one member representing the interests of
54.19counties in the seven-county metropolitan area;
54.20(8) two members representing organizations of city governments;
54.21(9) one member representing the Metropolitan Council established under section
54.22473.123
;
54.23(10) one member representing townshipofficer officers;
54.24(11) one member representing the interests of tribal governments;
54.25(12) one member representing statewide hunting organizations;
54.26(13) one member representing the University of Minnesota or a Minnesota state
54.27university; and
54.28(14) one member representing statewide fishing organizations.
54.29Members appointed underclauses (1) to (14) this paragraph must not be registered
54.30lobbyists or legislators. In making appointments, the governor must attempt to provide for
54.31geographic balance. The members of the council appointed by the governor are subject
54.32to the advice and consent of the senate.
54.33 Subd. 3. Conflict of interest. A Clean Water Council member may not participate
54.34in or vote on a decision of the council relating to an organization in which the member has
54.35either a direct or indirect personal financial interest. While serving on the Clean Water
54.36Council, a member shall avoid any potential conflict of interest.
55.1 Subd. 4. Terms; compensation; removal.The initial terms of members
55.2representing state agencies and the Metropolitan Council expire on the first Monday in
55.3January 2007. Thereafter, The terms of members representing the state agencies and the
55.4Metropolitan Council are four years and are coterminous with the governor. The terms
55.5of other nonlegislative members of the council shall be as provided in section15.059 ,
55.6subdivision 2. Members may serve until their successors are appointed and qualify.
55.7Compensation and removal of nonlegislative council members is as provided in section
55.815.059
, subdivisions 3 and 4. Compensation of legislative members is as determined
55.9by the appointing authority. A vacancy on the council may be filled by the appointing
55.10authority provided in subdivision 1 for the remainder of the unexpired term.
55.11 Subd. 5. Implementation plan. The Clean Water Council shall recommend a plan
55.12for implementation of this chapter and the provisions of article XI, section 15, of the
55.13Minnesota Constitution relating to clean water. The recommended plan shall address
55.14general procedures and time frames for implementing this chapter, and shall include a more
55.15specific implementation work plan for the next fiscal biennium and a framework for setting
55.16priorities to address impaired waters consistent with section114D.20 , subdivisions 2 to 7.
55.17The council shall issuethe first recommended plan under this subdivision by December 1,
55.182005, and shall issue a revised plan by December 1 of each even-numbered year thereafter.
55.19 Subd. 6. Recommendations on appropriation of funds. (a) The Clean Water
55.20Council shall recommend to the governor and the legislature the manner in which
55.21money from the clean waterlegacy account fund should be appropriated for the purposes
55.22identified in section
114D.45, subdivision 3 stated in article XI, section 15, of the
55.23Minnesota Constitution and section 114D.50.
55.24(b) The council's recommendations must:
55.25(1) be to protect, enhance, and restore water quality in lakes, rivers, and streams and
55.26to protect groundwater from degradation and ensure that at least five percent of the clean
55.27water fund is spent only to protect drinking water sources;
55.28(2) be consistent with the purposes, policies, goals, and priorities insections
55.29114D.05 to
114D.35, this chapter; and shall
55.30(3) allocate adequate support and resources to identify degraded groundwater and
55.31impaired waters, develop TMDL's, implement restoration of groundwater and impaired
55.32waters, and provide assistance and incentives to prevent groundwater and surface waters
55.33from becoming degraded or impaired and improve the quality of surface waters which are
55.34listed as impaired but have no approved TMDL.
55.35(c) The council must recommend methods of ensuring that awards of grants,
55.36loans, or other funds from the clean waterlegacy account fund specify the outcomes
56.1to be achieved as a result of the funding and specify standards to hold the recipient
56.2accountable for achieving the desired outcomes. Expenditures from theaccount fund must
56.3be appropriated by law.
56.4 Subd. 7. Biennial report to legislature. By December 1 of each even-numbered
56.5year, the council shall submit a report to the legislature on the activities for which money
56.6has been or will be spent for the current biennium, the activities for which money is
56.7recommended to be spent in the next biennium, and the impact on economic development
56.8of the implementation of efforts to protect and restore groundwater and the impaired waters
56.9program. The report due on December 1, 2014, must include an evaluation of the progress
56.10made through June 30, 2014, in implementing this chapter and the provisions of article XI,
56.11section 15, of the Minnesota Constitution relating to clean water, the need for funding of
56.12future implementationof those sections, and recommendations for the sources of funding.
56.13 Sec. 19. Minnesota Statutes 2010, section 114D.35, is amended to read:
56.14114D.35 PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC
56.15REVIEW; EDUCATION.
56.16 Subdivision 1. Public and stakeholder participation. Public agencies and private
56.17entities involved in the implementation of this chapter shall encourage participation by
56.18the public and stakeholders, including local citizens, landowners and managers, and
56.19public and private organizations, inthe identification of identifying impaired waters, in
56.20developing TMDL's,and in planning, priority setting, and implementing restoration of
56.21impaired waters, in identifying degraded groundwater, and in protecting and restoring
56.22groundwater resources. In particular, the Pollution Control Agency shall make reasonable
56.23efforts to provide timely information to the public and to stakeholders about impaired
56.24waters that have been identified by the agency. The agency shall seek broad and early
56.25public and stakeholder participation in scoping the activities necessary to develop a
56.26TMDL, including the scientific models, methods, and approaches to be used in TMDL
56.27development, and to implement restoration pursuant to section114D.15 , subdivision 7.
56.28 Subd. 2. Expert scientific advice. The Clean Water Council and public agencies
56.29and private entities shall make use of available public and private expertise from
56.30educational, research, and technical organizations, including the University of Minnesota
56.31and other higher education institutions, to provide appropriate independent expert advice
56.32on models, methods, and approaches used in identifying degraded ground water and
56.33impaired waters, developing TMDL's, and implementing prevention and restoration.
56.34 Subd. 3. Education. The Clean Water Council shall develop strategies for
56.35informing, educating, and encouraging the participation of citizens, stakeholders,
57.1and others regarding the identification of impaired waters, development of TMDL's,
57.2development of TMDL implementation plans,and implementation of restoration for
57.3impaired waters, identification of degraded groundwater, and protection and restoration
57.4of groundwater resources. Public agencies shall be responsible for implementing the
57.5strategies.
57.6 Sec. 20. Minnesota Statutes 2010, section 116.195, is amended to read:
57.7116.195 BENEFICIAL USE OF WASTEWATER AND STORM WATER;
57.8CAPITAL GRANTS FOR DEMONSTRATION PROJECTS.
57.9 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
57.10have the meanings given them.
57.11 (b) "Agency" means the Pollution Control Agency.
57.12 (c) "Beneficial use of wastewater or storm water" means:
57.13(1) use of the effluent from a wastewater treatment plant that replaces use of
57.14groundwater; or
57.15(2) use of storm water that replaces the use of groundwater.
57.16 (d) "Capital project" means the acquisition or betterment of public land, buildings,
57.17and other public improvements of a capital nature for the treatment of wastewater intended
57.18for beneficial use or for the use of storm water to replace groundwater use. Capital project
57.19includes projects to retrofit, expand, or construct new treatment facilities.
57.20 Subd. 2. Grants for capital project design. The agency shall make grant awards
57.21to political subdivisions for up to 50 percent of the costs to predesign and design capital
57.22projects that demonstrate the beneficial use of wastewater or storm water.The maximum
57.23amount for a grant under this subdivision is $500,000. The grant agreement must provide
57.24that the predesign and design work being funded is public information and available to
57.25anyone without charge. The agency must make the predesign and design work available
57.26on its Web site.
57.27 Subd. 3. Grants for capital project implementation. The agency shall make grant
57.28awards to political subdivisions for up to 50 percent of the costs to acquire, construct,
57.29install, furnish, and equip capital projects that demonstrate the beneficial use of wastewater
57.30or storm water. The political subdivision must submit design plans and specifications
57.31to the agency as part of the application.
57.32 The agency must consult with the Public Facilities Authority and the commissioner
57.33of natural resources in reviewing and ranking applications for grants under this section.
58.1 The application must identify the uses of the treated wastewater or storm water
58.2and greater weight will be given to applications that include a binding commitment to
58.3participate by the user or users.
58.4 The agency must give preference to projects that will reduce use of the greatest
58.5volume of groundwater from aquifers with the slowest rate of recharge.
58.6 Subd. 4. Application form; procedures. The agency shall develop an application
58.7form and procedures.
58.8 Subd. 5. Reports. The agency shall report by February 1 of each year to the chairs
58.9of the house of representatives and senate committees with jurisdiction over environment
58.10policy and finance and capital investment on the grants made and projects funded under
58.11this section. For each demonstration project funded, the report must include information
58.12on the scale of water constraints for the area, the volume of treated wastewatersupply
58.13supplied or storm water available, the quality of the storm water or treated wastewater
58.14supplied and treatment implications for the industrial user, impacts to stream flow and
58.15downstream users, and any considerations related to water appropriation and discharge
58.16permits.
58.17EFFECTIVE DATE.This section is effective the day following final enactment.
58.18 Sec. 21. Laws 2009, chapter 172, article 2, section 4, as amended by Laws 2010,
58.19chapter 361, article 2, section 2, is amended to read:
58.21(a) $9,000,000 the first year and $9,000,000
58.22the second year are to develop total
58.23maximum daily load (TMDL) studies and
58.24TMDL implementation plans for waters
58.25listed on the United States Environmental
58.26Protection Agency approved impaired
58.27waters list in accordance with Minnesota
58.28Statutes, chapter 114D. The agency shall
58.29complete an average of ten percent of the
58.30TMDLs each year over the biennium. Of
58.31this amount, $348,000 the first year is to
58.32retest the comprehensive assessment of the
58.33biological conditions of the lower Minnesota
58.34River and its tributaries within the Lower
59.1Minnesota River Major Watershed, as
59.2previously assessed from 1976 to 1992 under
59.3the Minnesota River Assessment Project
59.4(MRAP). The assessment must include the
59.5same fish species sampling at the same 116
59.6locations and the same macroinvertebrate
59.7sampling at the same 41 locations as the
59.8MRAP assessment. The assessment must:
59.9(1) include an analysis of the findings; and
59.10(2) identify factors that limit aquatic life in
59.11the Minnesota River.
59.12Of this amount, $250,000 the first year is
59.13for a pilot project for the development of
59.14total maximum daily load (TMDL) studies
59.15conducted on a watershed basis within
59.16the Buffalo River watershed in order to
59.17protect, enhance, and restore water quality
59.18in lakes, rivers, and streams. The pilot
59.19project shall include all necessary field
59.20work to develop TMDL studies for all
59.21impaired subwatersheds within the Buffalo
59.22River watershed and provide information
59.23necessary to complete reports for most of the
59.24remaining watersheds, including analysis of
59.25water quality data, identification of sources
59.26of water quality degradation and stressors,
59.27load allocation development, development
59.28of reports that provide protection plans
59.29for subwatersheds that meet water quality
59.30standards, and development of reports that
59.31provide information necessary to complete
59.32TMDL studies for subwatersheds that do not
59.33meet water quality standards, but are not
59.34listed as impaired.
60.1(b) $500,000 the first year is for development
60.2of an enhanced TMDL database to manage
60.3and track progress. Of this amount, $63,000
60.4the first year is to promulgate rules. By
60.5November 1, 2010, the commissioner shall
60.6submit a report to the chairs of the house of
60.7representatives and senate committees with
60.8jurisdiction over environment and natural
60.9resources finance on the outcomes achieved
60.10with this appropriation.
60.11(c) $1,500,000 the first year and $3,169,000
60.12the second year are for grants under
60.13Minnesota Statutes, section116.195 , to
60.14political subdivisions for up to 50 percent of
60.15the costs to predesign, design, and implement
60.16capital projects that use storm water or
60.17treated municipal wastewater instead of
60.18groundwater from drinking water aquifers,
60.19in order to demonstrate the beneficial use
60.20of wastewater or storm water, including
60.21the conservation and protection of water
60.22resources. Of this amount, $1,000,000 the
60.23first year is for grants to ethanol plants that
60.24are within one and one-half miles of a city for
60.25improvements that use storm water or reuse
60.26greater than 300,000 gallons of wastewater
60.27per day. This appropriation is available until
60.28spent.
60.29(d) $1,125,000 the first year and $1,125,000
60.30the second year are for groundwater
60.31assessment and drinking water protection to
60.32include:
60.33(1) the installation and sampling of at least
60.3430 new monitoring wells;
61.1(2) the analysis of samples from at least 40
61.2shallow monitoring wells each year for the
61.3presence of endocrine disrupting compounds;
61.4and
61.5(3) the completion of at least four to
61.6five groundwater models for TMDL and
61.7watershed plans.
61.8(e) $2,500,000 the first year is for the clean
61.9water partnership program. Priority shall be
61.10given to projects preventing impairments and
61.11degradation of lakes, rivers, streams, and
61.12groundwater in accordance with Minnesota
61.13Statutes, section114D.20, subdivision 2 ,
61.14clause (4). Any balance remaining in the first
61.15year does not cancel and is available for the
61.16second year.
61.17(f) $896,000 the first year is to establish
61.18a network of water monitoring sites, to
61.19include at least 20 additional sites, in public
61.20waters adjacent to wastewater treatment
61.21facilities across the state to assess levels of
61.22endocrine-disrupting compounds, antibiotic
61.23compounds, and pharmaceuticals as required
61.24in this article. The data must be placed on
61.25the agency's Web site.
61.26(g) $155,000 the first year is to provide
61.27notification of the potential for coal tar
61.28contamination, establish a storm water
61.29pond inventory schedule, and develop best
61.30management practices for treating and
61.31cleaning up contaminated sediments as
61.32required in this article. $490,000 the second
61.33year is to provide grants to local units of
61.34government for up to 50 percent of the costs
61.35to implement best management practices to
62.1treat or clean up contaminated sediments
62.2in storm water ponds and other waters as
62.3defined under this article. Local governments
62.4must have adopted an ordinance for the
62.5restricted use of undiluted coal tar sealants
62.6in order to be eligible for a grant, unless a
62.7statewide restriction has been implemented.
62.8A grant awarded under this paragraph must
62.9not exceed $100,000. Up to $145,000 of the
62.10appropriation in the second year may be used
62.11to complete work required under section 28,
62.12paragraph (c).
62.13(h) $350,000 the first year and $600,000 the
62.14second year are for a restoration project in
62.15the lower St. Louis River and Duluth harbor
62.16in order to improve water quality. This
62.17appropriation must be matched by nonstate
62.18money at a rate of at least $2 for every $1 of
62.19state money.
62.20(i) $150,000 the first year and $196,000 the
62.21second year are for grants to the Red River
62.22Watershed Management Board to enhance
62.23and expand existing river watch activities in
62.24the Red River of the North. The Red River
62.25Watershed Management Board shall provide
62.26a report that includes formal evaluation
62.27results from the river watch program to the
62.28commissioners of education and the Pollution
62.29Control Agency and to the legislative natural
62.30resources finance and policy committees
62.31and K-12 finance and policy committees by
62.32February 15, 2011.
62.33(j) $200,000 the first year and $300,000 the
62.34second year are for coordination with the
62.35state of Wisconsin and the National Park
63.1Service on comprehensive water monitoring
63.2and phosphorus reduction activities in the
63.3Lake St. Croix portion of the St. Croix
63.4River. The Pollution Control Agency
63.5shall work with the St. Croix Basin Water
63.6Resources Planning Team and the St. Croix
63.7River Association in implementing the
63.8water monitoring and phosphorus reduction
63.9activities. This appropriation is available
63.10to the extent matched by nonstate sources.
63.11Money not matched by November 15, 2010,
63.12cancels for this purpose and is available for
63.13the purposes of paragraph (a).
63.14(k) $7,500,000 the first year and $7,500,000
63.15the second year are for completion of 20
63.16percent of the needed statewide assessments
63.17of surface water quality and trends. Of this
63.18amount, $175,000 the first year and $200,000
63.19the second year are for monitoring and
63.20analyzing endocrine disruptors in surface
63.21waters.
63.22(l) $100,000 the first year and $150,000
63.23the second year are for civic engagement
63.24in TMDL development. The agency shall
63.25develop a plan for expenditures under
63.26this paragraph. The agency shall give
63.27consideration to civic engagement proposals
63.28from basin or sub-basin organizations,
63.29including the Mississippi Headwaters Board,
63.30the Minnesota River Joint Powers Board,
63.31Area II Minnesota River Basin Projects,
63.32and the Red River Basin Commission.
63.33By November 15, 2009, the plan shall be
63.34submitted to the house and senate chairs
63.35and ranking minority members of the
63.36environmental finance divisions.
64.1(m) $5,000,000 the second year is for
64.2groundwater protection or prevention of
64.3groundwater degradation activities. By
64.4January 15, 2010, the commissioner, in
64.5consultation with the commissioner of
64.6natural resources, the Board of Water and
64.7Soil Resources, and other agencies, shall
64.8submit a report to the chairs of the house of
64.9representatives and senate committees with
64.10jurisdiction over the clean water fund on the
64.11intended use of these funds. The legislature
64.12must approve expenditure of these funds by
64.13law.
64.14Notwithstanding Minnesota Statutes, section
64.1516A.28
, the appropriations encumbered on or
64.16before June 30, 2011, as grants or contracts in
64.17this section are available until June 30, 2013.
64.18EFFECTIVE DATE.This section is effective the day following final enactment.
64.19 Sec. 22. Laws 2010, chapter 361, article 2, section 3, is amended to read:
64.20 Sec. 3. CLEAN WATER FUND; 2009 APPROPRIATION ADJUSTMENTS.
64.21The appropriations in fiscal years2011 2010 and 2012 2011 to the Department of
64.22Natural Resources for high-resolution digital elevation data in Laws 2009, chapter 172,
64.23article 2, section 5, paragraph (d), are available until June 30, 2012.
64.24EFFECTIVE DATE.This section is effective the day following final enactment.
64.25 Sec. 23. CIVIC ENGAGEMENT AND PUBLIC EDUCATION.
64.26A recipient of funds appropriated in this article shall incorporate civic engagement
64.27and public education when implementing projects and programs funded under this article.
64.28 Sec. 24. REPEALER.
64.29Minnesota Statutes 2010, section 114D.45, is repealed.
65.4 The sums shown in the columns marked "Appropriations" are appropriated to
65.5the agencies and for the purposes specified in this article. The appropriations are from
65.6the parks and trails fund, or another named fund, and are available for the fiscal years
65.7indicated for each purpose. "The first year" is fiscal year 2012. "The second year" is
65.8fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the
65.9fiscal year ending June 30, 2012, are effective the day following final enactment. All
65.10appropriations in this article are onetime.
65.17The amounts that may be spent for each
65.18purpose are specified in the following
65.19sections.
65.21Money appropriated in this article may
65.22not be spent on activities unless they are
65.23directly related to and necessary for a specific
65.24appropriation. Money appropriated in this
65.25article must not be spent on indirect costs
65.26or other institutional overhead charges that
65.27are not directly related to and necessary for
65.28a specific appropriation. Notwithstanding
65.29Minnesota Statutes, section 16A.28, and
65.30unless otherwise specified in this article,
65.31fiscal year 2012 appropriations are available
65.32until June 30, 2014, and fiscal year 2013
65.33appropriations are available until June 30,
65.342015. If a project receives federal funds, the
66.1time period of the appropriation is extended
66.2to equal the availability of federal funding.
66.5(a) $14,962,000 the first year and
66.6$15,437,000 the second year are for state
66.7parks, recreation areas, and trails to:
66.8(1) connect people to the outdoors;
66.9(2) acquire land and create opportunities;
66.10(3) maintain existing holdings, including
66.11developing and redeveloping facilities,
66.12and improving accessibility and energy
66.13efficiency; and
66.14(4) improve cooperation by coordinating
66.15with partners to implement the 25-year
66.16long-range parks and trails legacy plan.
66.17(b) $2,100,000 the first year is for acquisition
66.18of land adjacent to LaSalle Lake in Hubbard
66.19County for a state recreation area. If the
66.20acquisition is not completed by July 15,
66.212012, or if a balance remains after the
66.22acquisition of the land, the money under this
66.23paragraph is available for acquisitions under
66.24paragraph (a), clause (2).
66.25(c) $6,568,000 the first year and $7,718,000
66.26the second year are for parks and trails of
66.27regional or statewide significance as follows:
66.28(1) $6,393,000 the first year and $7,718,000
66.29the second year are for grants under
66.30Minnesota Statutes, section 85.535, to
66.31acquire, develop, improve, and restore
66.32parks and trails of regional or statewide
66.33significance; and
67.1(2) $175,000 the first year is for a grant to the
67.2Greater Minnesota Regional Park and Trail
67.3Coalition to: define and develop information,
67.4including the number of users and potential
67.5users of greater Minnesota regional parks
67.6and trails; collect and compile details on
67.7the facilities within the greater Minnesota
67.8regional park system; and develop a plan for
67.9high priority park and trail acquisition and
67.10development opportunities. No local match
67.11is required for this grant.
67.12Up to 2.5 percent of the total appropriation
67.13may be used for administering the grants.
67.14(d) $38,000 the first year and $38,000 the
67.15second year are for a technical assistance
67.16panel to conduct up to ten restoration audits
67.17under Minnesota Statutes, section 85.53,
67.18subdivision 5.
67.19(e) The commissioner shall contract for
67.20services with Conservation Corps Minnesota
67.21for restoration, maintenance, and other
67.22activities under this section for at least
67.23$1,000,000 the first year and $1,000,000 the
67.24second year.
67.25(f) The commissioner of natural resources
67.26shall convene and facilitate a working
67.27group of nine members to develop
67.28recommendations for the allocation of the
67.29parks and trails fund. The working group
67.30shall have representatives from metropolitan
67.31parks and trails, greater Minnesota parks
67.32and trails, and the Department of Natural
67.33Resources Parks and Trails Division. The
67.34recommendations shall be submitted no later
67.35than November 15, 2012, and presented to
68.1the governor for consideration in the budget
68.2for fiscal years 2014 and 2015.
68.4(a) $14,962,000 the first year and
68.5$15,437,000 the second year are to be
68.6distributed as required under Minnesota
68.7Statutes, section 85.53, subdivision 3.
68.8(b) Grant agreements entered into by the
68.9Metropolitan Council and recipients of
68.10money appropriated under this section shall
68.11ensure that the funds are used to supplement
68.12and not substitute for traditional sources of
68.13funding.
68.15$7,000 the first year is for the Legislative
68.16Coordinating Commission for the costs of
68.17developing and implementing a Web site to
68.18contain information on projects receiving
68.19appropriations from the parks and trails fund
68.20and other constitutionally dedicated funds.
68.21 Sec. 6. Minnesota Statutes 2010, section 85.013, is amended by adding a subdivision
68.22to read:
68.23 Subd. 15a. LaSalle Lake State Recreation Area, Hubbard County.
68.24 Sec. 7. LASALLE LAKE STATE RECREATION AREA.
68.25 Subdivision 1. LaSalle Lake State Recreation Area, Hubbard County. The
68.26LaSalle Lake State Recreation Area is established in Hubbard County.
68.27 Subd. 2. Boundaries. The following described lands are located within the
68.28boundaries of the LaSalle Lake State Recreation Area, all in Hubbard County:
68.29 (1) the Southwest Quarter of the Southwest Quarter and the Northwest Quarter of the
68.30Southwest Quarter, except the East 10 acres thereof, of Section 29; the Northeast Quarter
68.31of the Northeast Quarter, the Northwest Quarter of the Northeast Quarter, the Southwest
68.32Quarter of the Northeast Quarter, the Northeast Quarter of the Southwest Quarter, the
69.1Southeast Quarter of the Northwest Quarter, the Southeast Quarter of the Northeast
69.2Quarter, and Government Lots 2, 3, 4, 5, 6, 7, 8, and 9, of Section 30; Government Lots 1,
69.32, 5, 6, 7, 8, 9, and 10, of Section 31; and Government Lots 1 and 4 of Section 32; all in
69.4Township 145 North, Range 35 West; and
69.5 (2) Government Lot 12, Section 19, Township 145 North, Range 35.
69.6 Subd. 3. Administration. The commissioner of natural resources shall administer
69.7the area according to Minnesota Statutes, section 86A.05, subdivision 3, subject to
69.8existing rules and regulations for state recreation areas. LaSalle Lake State Recreation
69.9Area shall be administered as a satellite unit of Itasca State Park.
69.10 Sec. 8. LASALLE LAKE STATE RECREATION AREA MANAGEMENT
69.11OPTIONS.
69.12By March 1, 2012, the commissioner of natural resources shall submit a report to
69.13the senate and house of representatives committees and divisions with jurisdiction over
69.14natural resources policy and finance evaluating options for the management of the resort
69.15within the LaSalle Lake State Recreation Area, including an evaluation of the option
69.16to lease the resort to a nonstate entity. The evaluation shall include potential financial
69.17arrangements or mechanisms that would make the equivalent of local taxes or payments in
69.18lieu of taxes the responsibility of the nonstate entity.
69.22 The sums shown in the columns marked "Appropriations" are appropriated to the
69.23entities and for the purposes specified in this article. The appropriations are from the arts
69.24and cultural heritage fund, and are available for the fiscal years indicated for allowable
69.25activities under the Minnesota Constitution, article XI, section 15. "The first year" is fiscal
69.26year 2012. "The second year" is fiscal year 2013. "The biennium" is fiscal years 2012
69.27and 2013. All appropriations in this article are onetime.
70.1The amounts that may be spent for each
70.2purpose are specified in the following
70.3subdivisions.
70.5Money appropriated in this article may
70.6not be spent on activities unless they are
70.7directly related to and necessary for a specific
70.8appropriation. Money appropriated in this
70.9article must not be spent on indirect costs
70.10or other institutional overhead charges that
70.11are not directly related to and necessary for
70.12a specific appropriation. Notwithstanding
70.13Minnesota Statutes, section 16A.28, and
70.14unless otherwise specified in this article,
70.15fiscal year 2012 appropriations are available
70.16until June 30, 2013, and fiscal year 2013
70.17appropriations are available until June 30,
70.182014. If a project receives federal funds, the
70.19time period of the appropriation is extended
70.20to equal the availability of federal funding.
70.22These amounts are appropriated to the
70.23Minnesota State Arts Board for arts, arts
70.24education, and arts access. Grant agreements
70.25entered into by the Minnesota State Arts
70.26Board and other recipients of appropriations
70.27in this subdivision shall ensure that
70.28these funds are used to supplement and
70.29not substitute for traditional sources of
70.30funding. Appropriations made directly
70.31to the Minnesota State Arts Board shall
70.32supplement, and shall not substitute for,
70.33traditional sources of funding. Each grant
70.34program established within this appropriation
70.35shall be separately administered from other
71.1state appropriations for program planning
71.2and outcome measurements, but may take
71.3into consideration other state resources
71.4awarded in the selection of applicants and
71.5grant award size.
71.6Arts and Arts Access Initiatives.
71.7$16,660,000 the first year and $16,660,000
71.8the second year are to support Minnesota
71.9artists and arts organizations in creating,
71.10producing, and presenting high-quality arts
71.11activities; to overcome barriers to accessing
71.12high-quality arts activities; and to instill the
71.13arts into the community and public life in
71.14this state.
71.15A portion of these funds may be used to:
71.16(1) pay attendance fees and travel costs
71.17for youth to visit art museums, arts
71.18performances, or other arts activities; or
71.19(2) bring artists to schools, libraries, or other
71.20community centers or organizations for
71.21teaching, training, or performance purposes.
71.22Arts Education. $3,450,000 the first year
71.23and $3,450,000 the second year are for
71.24high-quality, age-appropriate arts education
71.25for Minnesotans of all ages to develop
71.26knowledge, skills, and understanding of the
71.27arts.
71.28A portion of this appropriation may be used
71.29for grants to school districts to provide
71.30materials or resources to teachers, students,
71.31and parents to promote achievement of K-12
71.32academic standards in the arts.
71.33Arts and Cultural Heritage. $1,080,000
71.34the first year and $1,080,000 the second year
72.1are for events and activities that represent the
72.2diverse cultural arts traditions, including folk
72.3and traditional artists and art organizations,
72.4represented in this state.
72.5Administration, Fiscal Oversight, and
72.6Accountability. $634,000 the first year
72.7and $634,000 the second year are for
72.8administration of grant programs, delivering
72.9technical services, providing fiscal oversight
72.10for the statewide system, and ensuring
72.11accountability for these state resources.
72.12Census. The Minnesota State Arts Board, in
72.13partnership with regional arts councils, shall
72.14maintain a census of Minnesota artists and
72.15artistic organizations.
72.16Thirty percent of the total appropriated to
72.17each of the categories established in this
72.18subdivision is for grants to the regional arts
72.19councils. This percentage does not apply to
72.20administrative costs.
72.22These amounts are appropriated to the
72.23commissioner of education for grants
72.24allocated using existing formulas under
72.25Minnesota Statutes, section 134.355, to the
72.2612 Minnesota regional library systems, to
72.27provide educational opportunities in the arts,
72.28history, literary arts, and cultural heritage
72.29of Minnesota. These funds may be used
72.30to sponsor programs provided by regional
72.31libraries or to provide grants to local arts and
72.32cultural heritage programs for programs in
72.33partnership with regional libraries.
73.1These amounts are appropriated to the
73.2governing board of the Minnesota Historical
73.3Society to preserve and enhance access to
73.4Minnesota's history and its cultural and
73.5historical resources. Grant agreements
73.6entered into by the Minnesota Historical
73.7Society and other recipients of appropriations
73.8in this subdivision shall ensure that
73.9these funds are used to supplement and
73.10not substitute for traditional sources of
73.11funding. Funds directly appropriated to the
73.12Minnesota Historical Society shall be used to
73.13supplement, and not substitute for, traditional
73.14sources of funding. Notwithstanding
73.15Minnesota Statutes, section 16A.28, for
73.16historic preservation projects that improve
73.17historic structures, the amounts are available
73.18until June 30, 2015.
73.19Statewide Historic and Cultural Grants.
73.20$5,250,000 the first year and $5,250,000
73.21the second year are for history programs
73.22and projects operated or conducted by or
73.23through local, county, regional, or other
73.24historical or cultural organizations; or for
73.25activities to preserve significant historic
73.26and cultural resources. Funds are to be
73.27distributed through a competitive grants
73.28process. The Minnesota Historical Society
73.29shall administer these funds using established
73.30grants mechanisms, with assistance from
73.31the advisory committee created under Laws
73.322009, chapter 172, article 4, section 2,
73.33subdivision 4, paragraph (b), item (ii).
73.34Programs. $5,000,000 the first year and
73.35$5,000,000 the second year are for programs
73.36and purposes related to the historical and
74.1cultural heritage of the state of Minnesota,
74.2conducted by the Minnesota Historical
74.3Society.
74.4History Partnerships. $1,500,000 the
74.5first year and $1,500,000 the second year
74.6are for partnerships involving multiple
74.7organizations, which may include the
74.8Minnesota Historical Society, to preserve and
74.9enhance access to Minnesota's history and
74.10cultural heritage in all regions of the state.
74.11Statewide Survey of Historical and
74.12Archaeological Sites. $250,000 the first
74.13year and $250,000 the second year are
74.14for a contract or contracts to be let on a
74.15competitive basis to conduct statewide
74.16surveys of Minnesota's sites of historical,
74.17archaeological, and cultural significance.
74.18Results of this survey must be published in
74.19a searchable form, available to the public on
74.20a cost-free basis. The Minnesota Historical
74.21Society, the Office of the State Archaeologist,
74.22and the Indian Affairs Council shall each
74.23appoint a representative to an oversight
74.24board to select contractors and direct the
74.25conduct of these surveys. The oversight
74.26board shall consult with the Departments of
74.27Transportation and Natural Resources.
74.28Digital Library. $250,000 the first year and
74.29$250,000 the second year are for a digital
74.30library project to preserve, digitize, and share
74.31Minnesota images, documents, and historical
74.32materials. The Minnesota Historical Society
74.33shall cooperate with the Minitex interlibrary
74.34loan system and shall jointly share this
74.35appropriation for these purposes.
75.2These amounts are appropriated to the
75.3commissioner of administration for grants
75.4to the named organizations for the purposes
75.5specified in this subdivision. Up to one
75.6percent of funds may be used by the
75.7commissioner for grants administration.
75.8Grant agreements entered into by
75.9the commissioner and recipients of
75.10appropriations in this subdivision must
75.11ensure that money appropriated in this
75.12subdivision is used to supplement and not
75.13substitute for traditional sources of funding.
75.14Public Broadcasting Grants. $6,400,000
75.15the first year and $6,400,000 the second
75.16year are for a competitive Arts and
75.17Cultural Heritage Grants Program-Public
75.18Broadcasting.
75.19The commissioner shall solicit proposals
75.20and award grants to entities that create,
75.21produce, acquire, or distribute programs that
75.22educate, enhance, or promote local, regional,
75.23or statewide items of artistic, cultural, or
75.24historic significance. The commissioner
75.25shall give preference to projects that
75.26expand Minnesotans' access to knowledge,
75.27information, arts, state history, or cultural
75.28heritage.
75.29Veterans Camps. $3,250,000 the first year
75.30is for grants of $2,400,000 to the Disabled
75.31Veterans Rest Camp located on Big Marine
75.32Lake in Washington County and $850,000 to
75.33the Veterans on the Lake Resort located on
75.34Fall Lake in St. Louis County.
76.1State Capitol Preservation Commission.
76.2$550,000 the first year is for the purposes of
76.3Minnesota Statutes, section 16B.2405. This
76.4appropriation is available until spent.
76.5Effective the day following final enactment,
76.6the commissioner of administration must
76.7do an exterior and interior structural risk
76.8assessment of the preservation needs of the
76.9State Capitol historic site. The analysis
76.10must include (1) a review of design plans
76.11and construction practices of all capital
76.12infrastructure projects taking place in close
76.13proximity to the State Capitol building in the
76.14next three fiscal years, to identify whether the
76.15construction work or subsequent operations
76.16pose (i) risk to the structural integrity of the
76.17State Capitol building, or (ii) a reasonable
76.18likelihood of other adverse physical impacts,
76.19including increased costs for building
76.20preservation; and (2) an examination of
76.21what would be needed to reopen the balcony
76.22viewing area on the second floor overlooking
76.23the Capitol grounds. By August 1, 2011,
76.24the commissioner must provide a prioritized
76.25list of restoration projects with rough cost
76.26estimates to the governor, the Capitol Area
76.27Architectural and Planning Board, and the
76.28chairs of the legislative committees with
76.29responsibility for those agencies and capital
76.30investment.
76.32These amounts are appropriated to the
76.33commissioner of natural resources for a
76.34competitive Arts and Cultural Heritage
76.35Grants Program-Zoos.
77.1The commissioner shall solicit proposals
77.2and award grants to zoos for projects and
77.3programs that promote the arts or preserve
77.4Minnesota's history and cultural heritage.
77.5The commissioner shall give preference to
77.6projects and programs that incorporate arts,
77.7culture, and history into zoo programming
77.8or that increase knowledge and awareness
77.9of the way that history and culture affect
77.10people's lives and that illustrate how that
77.11knowledge can help Minnesotans make
77.12informed decisions for the future.
77.14These amounts are appropriated to the board
77.15of directors of the Minnesota Humanities
77.16Center for the purposes specified in this
77.17subdivision.
77.18Programs and Purposes. $325,000 the first
77.19year and $325,000 the second year are for
77.20programs and purposes of the Minnesota
77.21Humanities Center.
77.22The Minnesota Humanities Center may
77.23consider museums and organizations
77.24celebrating the identities of Minnesotans for
77.25grants from these funds. The Minnesota
77.26Humanities Center may develop a written
77.27plan for the competitive issuance of these
77.28grants and, if developed, shall submit
77.29that plan for review and approval by the
77.30Department of Administration.
77.31Councils of Color. $500,000 the first
77.32year and $500,000 the second year are for
77.33competitive grants to the Council on Asian
77.34Pacific Minnesotans, the Council on Black
77.35Minnesotans, the Indian Affairs Council, and
78.1the Chicano Latino Affairs Council. Grants
78.2are for programs and cooperation between
78.3the Minnesota Humanities Center and the
78.4grant recipients for community events and
78.5programs that celebrate and preserve artistic,
78.6historical, and cultural heritage.
78.7Humanities Grants. $2,875,000 the first
78.8year and $2,875,000 the second year are for
78.9a competitive Arts and Cultural Heritage
78.10Grants Program-Humanities.
78.11The board of directors shall solicit proposals
78.12and award grants to entities for projects
78.13and programs that maintain or promote
78.14our cultural heritage. The board shall fund
78.15programs and projects that collectively
78.16preserve both our tangible and intangible
78.17cultural heritage as well as those that
78.18recognize museums as venues for arts and
78.19cultural experiences.
78.21These amounts are appropriated to the board
78.22of directors of the Perpich Center for Arts
78.23Education for arts, arts education, and arts
78.24access and to preserve Minnesota's history
78.25and cultural heritage.
78.26Notwithstanding Minnesota Statutes, section
78.2716A.28, the appropriations encumbered on or
78.28before June 30, 2013, as grants or contracts
78.29in this subdivision are available until June
78.3030, 2015.
78.32These amounts are appropriated to the
78.33Legislative Coordinating Commission to
78.34operate the Web site for dedicated funds
79.1required under Minnesota Statutes, section
79.23.303, subdivision 10.
79.3 Sec. 3. [15B.32] STATE CAPITOL PRESERVATION COMMISSION.
79.4 Subdivision 1. Definitions. (a) As used in this section, the terms defined in this
79.5subdivision have the following meanings.
79.6(b) "Commission" means the State Capitol Preservation Commission created under
79.7this section.
79.8(c) "Capitol Area" means the geographic area defined in section 15B.02.
79.9(d) "Board" means the Capitol Area Architectural and Planning Board created under
79.10section 15B.03.
79.11(e) "Predesign" has the meaning given in section 16B.335, subdivision 3, paragraph
79.12(a).
79.13 Subd. 2. Membership. The State Capitol Preservation Commission consists of 22
79.14members, appointed as follows:
79.15(1) the governor;
79.16(2) the lieutenant governor;
79.17(3) the attorney general;
79.18(4) the chief justice of the Supreme Court, or the chief justice's designee, who shall
79.19be a member of the Supreme Court;
79.20(5) the majority leader of the senate or the majority leader's designee, who shall be
79.21a member of the senate;
79.22(6) the speaker of the house or the speaker's designee, who shall be a member of the
79.23house of representatives;
79.24(7) two members of the senate, including one member from the majority party
79.25appointed by the majority leader and one member from the minority party appointed by
79.26the minority leader;
79.27(8) two members of the house of representatives, including one member appointed
79.28by the speaker of the house and one member from the minority party appointed by the
79.29minority leader;
79.30(9) the chair and ranking minority member of the house of representatives committee
79.31with jurisdiction over capital investment and the chair and ranking minority member of
79.32the senate committee with jurisdiction over capital investment;
79.33(10) the commissioner of administration or the commissioner's designee;
79.34(11) the commissioner of public safety or the commissioner's designee;
80.1(12) the executive director of the Minnesota Historical Society or the executive
80.2director's designee;
80.3(13) the executive secretary of the Capitol Area Architectural and Planning Board;
80.4and
80.5(14) four public members appointed by the governor.
80.6 Subd. 3. Terms and compensation. (a) A member serving on the commission
80.7because the member or the appointing authority for the member holds an elected or
80.8appointed office shall serve on the commission as long as the member or the appointing
80.9authority holds the office.
80.10(b) Public members of the commission shall serve two-year terms. The public
80.11members may not serve for more than three consecutive terms.
80.12(c) The removal of members and filling of vacancies on the commission are as
80.13provided in section 15.059. Public members may receive compensation and expenses as
80.14provided under section 15.059, subdivision 3.
80.15 Subd. 4. Officers and meetings. (a) The governor is the chair of the commission.
80.16The lieutenant governor is the vice-chair of the commission and may act as the chair
80.17of the commission in the absence of the governor. The governor may designate a staff
80.18member to attend commission meetings and vote on the governor's behalf in the absence
80.19of the governor.
80.20(b) The commission shall meet at least quarterly and at other times at the call of the
80.21chair. Meetings of the commission are subject to chapter 13D.
80.22 Subd. 5. Administrative support. The commission may designate an executive
80.23secretary and obtain administrative support through a contract with a state agency or
80.24other means.
80.25 Subd. 6. Duties. (a) The commission:
80.26(1) shall exercise ongoing coordination of the restoration, protection, risk
80.27management, and preservation of the Capitol building;
80.28(2) shall consult with and advise the commissioner of administration, the board, and
80.29the Minnesota Historical Society regarding their applicable statutory responsibilities
80.30for and in the Capitol building;
80.31(3) may assist in the selection of an architectural firm to assist in the preparation of
80.32the predesign plan for the restoration of the Capitol building;
80.33(4) shall develop a comprehensive, multiyear, predesign plan for the restoration
80.34of the Capitol building, review the plan periodically, and, as appropriate, amend and
80.35modify the plan. The predesign plan shall identify appropriate and required functions of
80.36the Capitol building; identify and address space requirements for legislative, executive,
81.1and judicial branch functions; and identify and address the long-term maintenance and
81.2preservation requirements of the Capitol building. In developing the predesign plan,
81.3the commission shall take into account the comprehensive plan for the Minnesota State
81.4Capitol Area, as amended in 2010, the rules governing zoning and design for the Capitol
81.5Area, parking, mass transit, citizen access including public access to the Capitol balcony,
81.6the tunnel system, information technology needs, energy efficiency, security, educational
81.7programs including public and school tours, and any additional space needs for the
81.8efficient operation of state government;
81.9(5) shall develop and implement a comprehensive financial plan to fund the
81.10preservation and restoration of the Capitol building;
81.11(6) shall provide annual reports about the condition of the Capitol building and its
81.12needs, as well as all activities related to the restoration of the Capitol building;
81.13(7) shall for all capital infrastructure projects taking place in close proximity to the
81.14Capitol building and prior to commencement of actual construction work:
81.15(i) review the preliminary and final design plans and construction practices of the
81.16project;
81.17(ii) identify whether the actual construction work of the project or subsequent
81.18operations resulting from the project pose:
81.19(A) risk to the structural integrity of the Capitol building; or
81.20(B) a reasonable likelihood of other adverse physical impacts to the Capitol building,
81.21including but not limited to increased costs for building maintenance and preservation; and
81.22(iii) submit a recommendation to the commissioner of administration identifying
81.23whether or not the commissioner should approve the project for commencement of
81.24construction as provided under section 16B.2405; and
81.25(8) may solicit gifts, grants, or donations of any kind from any private or public
81.26source to carry out the purposes of this section. All gifts, grants, or donations received by
81.27the commission shall be deposited in a State Capitol preservation account established in
81.28the special revenue fund. Money in the account is appropriated to the commissioner of
81.29administration for the activities of the commission and implementation of the predesign
81.30plan under this section.
81.31(b) By January 15 of each year, the commission shall report to the chairs and ranking
81.32minority members of the legislative committees with jurisdiction over the commission
81.33regarding the activities and efforts of the commission in the preceding calendar year,
81.34including recommendations adopted by the commission, the comprehensive financial plan
81.35required under paragraph (a), clause (5), and any proposed draft legislation necessary to
81.36implement the recommendations of the commission.
82.1 Subd. 7. Expiration. Notwithstanding section 15.059, subdivision 5, the State
82.2Capitol Preservation Commission does not expire.
82.3 Sec. 4. [15B.34] CAPITOL BUILDING POWERS AND DUTIES.
82.4The board shall:
82.5(1) jointly, with the commissioner of administration and the Minnesota Historical
82.6Society, establish standards and policies for the repair, furnishing, appearance, and
82.7cleanliness of and change to the public and ceremonial areas of the Capitol building;
82.8(2) review and approve plans and specifications and any changes to approved plans
82.9and specifications involving the alteration of the public and ceremonial areas and the
82.10exterior of the Capitol building;
82.11(3) jointly, with the Minnesota Historical Society, review and approve the design,
82.12structural composition, and location of all monuments, memorials, or works of art
82.13presently located in the public and ceremonial areas of the State Capitol, or that will be
82.14placed in the public or ceremonial areas, according to section 138.68; and
82.15(4) assist the State Capitol Preservation Commission with performance of its duties
82.16as needed.
82.17 Sec. 5. [16B.2405] CAPITOL BUILDING POWERS AND DUTIES.
82.18The commissioner, upon receipt of funding for these purposes, shall:
82.19(1) maintain and operate the Capitol building and grounds according to section
82.2016B.24 and other applicable law;
82.21(2) designate a project manager to oversee and manage predesign, design, and
82.22construction contracts and funding for all modifications to the Capitol building;
82.23(3) manage design and construction projects and funding for the Capitol building
82.24according to section 16B.31 and other applicable law;
82.25(4) lease space in the Capitol building, as provided in section 16B.24, to state
82.26agencies, constitutional officers, and the court administrator on behalf of the judicial
82.27branch and allocate space in the Capitol building to the legislative branch as determined
82.28by the commission;
82.29(5) provide information about the Capitol building to the commission, legislative
82.30bodies, and others as needed regarding maintenance, operation, leasing, condition
82.31assessments, design, and construction projects;
82.32(6) for each project for which a recommendation by the State Capitol Preservation
82.33Commission is submitted under section 15B.32, subdivision 6, paragraph (a), clause (7),
82.34evaluate the recommendation and, notwithstanding any other law to the contrary, either (i)
83.1approve the project where such approval is a prerequisite for commencement of actual
83.2construction work or (ii) identify specific remediation requirements necessary to approve
83.3the project upon subsequent review by the commissioner; and
83.4(7) assist the State Capitol Preservation Commission with performance of its duties
83.5as needed.
83.6 Sec. 6. Minnesota Statutes 2010, section 129D.18, subdivision 3, is amended to read:
83.7 Subd. 3. Conditions. (a) A public station receiving funds appropriated under this
83.8section must:
83.9(1) make programs produced with these funds available for broadcast to all other
83.10public stations eligible to receive grants under this section;
83.11(2) offer freepublic performance rights for classroom use of programs produced
83.12with these funds to public educational institutions, excluding those materials for which
83.13public television stations do not have rights to distribute;
83.14(3) archive programs produced with these funds and make the programs available
83.15for future use through encore broadcast or other distribution, including online; and
83.16(4) ensure that underwriting credit is given to the Minnesota arts and cultural
83.17heritage fund.
83.18(b) Programs produced in partnership with other mission-centered nonprofit
83.19organizations may be used by the partnering organization for their own educational or
83.20promotional purposes.
83.21 Sec. 7. Minnesota Statutes 2010, section 129D.18, subdivision 4, is amended to read:
83.22 Subd. 4. Reporting. A public station receiving funds appropriated under this section
83.23must report annually by January 15 to the commissioner, the Legislative Coordinating
83.24Commission, and the chairs and ranking minority members of the senate and house
83.25of representatives committees and divisions having jurisdiction over arts and cultural
83.26heritage policy and finance regarding how the previous year's grant funds were expended.
83.27This In addition to all information required of each recipient of money from the arts and
83.28cultural heritage fund under section 3.303, subdivision 10, the report must contain specific
83.29information for each program produced and broadcast, including the cost of production,
83.30the number of stations broadcasting the program, estimated viewership, the number of
83.31hours of legacy program content available for streaming on Website downloads sites,
83.32and other related measures. If the programs produced include educational material, the
83.33public station must report on these efforts.
84.1 Sec. 8. Minnesota Statutes 2010, section 129D.19, subdivision 5, is amended to read:
84.2 Subd. 5. Reporting. A noncommercial radio station receiving funds appropriated
84.3under this section must report annually by January 15 to the commissioner, the Legislative
84.4Coordinating Commission, and the chairs and ranking minority members of the senate
84.5and house of representatives committees and divisions having jurisdiction over arts and
84.6cultural heritage policy and finance regarding how the previous year's grant funds were
84.7expended.This In addition to all information required of each recipient of money from
84.8the arts and cultural heritage fund under section 3.303, subdivision 10, the report must
84.9contain specific information for each program produced and broadcast, including the
84.10cost of production, the number of stations broadcasting the program, estimated number
84.11of listeners, and other related measures. If the programs produced include educational
84.12material, the noncommercial radio station must report on these efforts.
84.13 Sec. 9. [138.70] CAPITOL BUILDING POWERS AND DUTIES.
84.14The Minnesota Historical Society shall:
84.15(1) assist and advise in research and preservation of historical features of the Capitol
84.16building, appropriate custodial policies, and maintaining and repairing works of art
84.17according to section 138.69;
84.18(2) jointly, with the Capitol Area Architectural and Planning Board, review and
84.19approve the design, structural composition, and location of all monuments, memorials, or
84.20works of art presently located in the public and ceremonial areas of the Capitol building,
84.21or proposed for placement in the public or ceremonial areas, according to section 138.68;
84.22(3) assist with planning and design of restoration and renovations of the Capitol
84.23building in order to provide public access and education through public interpretive
84.24programs according to the society's statutory responsibilities under section 138.69; and
84.25(4) assist the State Capitol Preservation Commission with performance of its duties
84.26as needed.
84.27 Sec. 10. Laws 2009, chapter 172, article 4, section 9, subdivision 5, is amended to read:
84.28 Subd. 5. Report. The working group must report its findings and recommendations,
84.29including draft legislation, if necessary, to the Indian Affairs Council and the chairs and
84.30ranking minority members of the legislative committees and divisions with jurisdiction
84.31over early childhood through grade 12 educationand, higher education, and arts and
84.32cultural heritage policy or finance by February 15, 2011, and again by February 15, 2012.
84.33Thecommittee working group expires on February 16, 2011 2013.
85.1 Sec. 11. STATE CAPITOL PRESERVATION COMMISSION APPOINTMENTS
85.2AND FIRST MEETING.
85.3The appointing authorities designated in Minnesota Statutes, section 15B.32,
85.4subdivision 2, must complete their initial appointments to the commission no later than
85.5August 1, 2011. The governor, or the governor's designee, shall convene the first meeting
85.6of the commission within 30 days after the appointments required under this section
85.7have been completed.
85.10 Section 1. Minnesota Statutes 2010, section 3.303, subdivision 10, is amended to read:
85.11 Subd. 10. Constitutionally dedicated funding accountability. (a) The Legislative
85.12Coordinating Commission shall develop and maintain a user-friendly, public-oriented
85.13Web site that informs, educates, and demonstrates to the public how the constitutionally
85.14dedicated funds in the arts and cultural heritage fund, outdoor heritage fund, clean water
85.15fund, parks and trails fund, and environment and natural resources trust fund are being
85.16expended to meet the requirements established for each fund in the state constitution.
85.17Information provided on the Web site must include, but is not limited to:
85.18(1) information on all project proposals received by the Outdoor Heritage Council
85.19and the Legislative-Citizen Commission on Minnesota Resources;
85.20(2) information on all projects receiving funding, including:
85.21(i) the name of the project and a project description;
85.22(ii) the name, telephone number, members of the board or equivalent governing
85.23body, and e-mail address of the funding recipient and, when applicable, the Web site
85.24address where the public can directly access detailed information on the recipient's receipt
85.25and use of money for the project;
85.26(iii) the amount and source of funding, including the fiscal year of the appropriation;
85.27(iv) the amount and source of any additional funding or leverage;
85.28(v) the duration of the project;
85.29(vi) the number of full-time equivalents funded under the project. For the purposes
85.30of this item, "full-time equivalent" means a position directly attributed to the receipt of
85.31money from one or more of the funds covered under this section, calculated as the total
85.32number of hours planned for the position divided by 2,088;
85.33(vii) the direct expenses and administration costs of the project;
85.34(viii) proposed measurable outcomes and the plan for measuring and evaluating
85.35the results;
86.1(ix) for pass-through, noncompetitive grants, the entity acting as the fiscal agent or
86.2administering agency and a point of contact for additional information; and
86.3 (x) for competitive grants, the name and a brief description of the qualifications of
86.4all board members or members of an equivalent governing body ultimately responsible
86.5for awarding the grants, as well as any grantmaking advisory group. In addition, an
86.6entity that awards competitive grants, including but not limited to a state agency or any
86.7statewide, regional, or local organization, must report whether an employee, decision
86.8maker, advisory group member, or other person involved in the grant process disclosed
86.9a conflict of interest or potential conflict of interest. If the entity reports that a conflict
86.10of interest or potential conflict of interest was disclosed, the entity must provide the
86.11Legislative Coordinating Commission with a contact person for additional information and
86.12the Legislative Coordinating Commission must post this information on the Web site. An
86.13entity that awards competitive grants must obtain and apply the conflict of interest policies
86.14developed by the commissioner of administration under section 16B.98, subdivision 3,
86.15unless the entity maintains and applies its own documented conflict of interest policies
86.16which are substantially similar to the commissioner of administration's policies;
86.17(3) actual measured outcomes and evaluation of projects as required under sections
86.1885.53
, subdivision 2; 114D.50, subdivision 2 4; and
129D.17, subdivision 2;
86.19(4) education about the areas and issues the projects address, including, when
86.20feasible, maps of where projects have been undertaken;
86.21(5) all frameworks developed for future uses of each fund; and
86.22(6) methods by which members of the public may apply for project funds under
86.23any of the constitutionally dedicated funds.
86.24(b) As soon as practicable or by the deadline specified in the enabling law,
86.25whichever comes first, a state agency or other recipient of a direct appropriation from a
86.26fund covered under this section shall submit the information required under paragraph (a)
86.27and, when applicable, compile and submit the same information for any grant recipient
86.28or other subrecipient of funding. All information for proposed and funded projects,
86.29including the proposed measurable outcomes, must be made available on the Web site
86.30as soon as practicable. Information on the measured outcomes and evaluation must be
86.31posted as soon as it becomes available. The costs of these activities shall be paid out of
86.32the arts and cultural heritage fund, outdoor heritage fund, clean water fund, parks and
86.33trails fund, and the environment and natural resources trust fund proportionately. For
86.34purposes of this section, "measurable outcomes" means outcomes, indicators, or other
86.35performance measures that may be quantified or otherwise measured in order to measure
86.36the effectiveness of a project or program in meeting its intended goal or purpose.
87.1(c) The Legislative Coordinating Commission shall be responsible for receiving all
87.2ten-year plans and 25-year frameworks for each of the constitutionally dedicated funds. To
87.3the extent practicable, staff for the commission shall provide assistance and oversight to
87.4these planning efforts and shall coordinate public access to hearings and public meetings
87.5for all planning efforts.
87.6 Sec. 2. Minnesota Statutes 2010, section 85.53, subdivision 2, is amended to read:
87.7 Subd. 2. Expenditures; accountability. (a) A project or program receiving funding
87.8from the parks and trails fund must meet or exceed the constitutional requirement to
87.9support parks and trails of regional or statewide significance. A project or program
87.10receiving funding from the parks and trails fund must include measurable outcomes, as
87.11defined in section3.303 , subdivision 10, and a plan for measuring and evaluating the
87.12results. A project or program must be consistent with current science and incorporate
87.13state-of-the-art technology, except when the project or program is a portrayal or restoration
87.14of historical significance.
87.15(b) Money from the parks and trails fund shall be expended to balance the benefits
87.16across all regions and residents of the state.
87.17(c)All A state agency or other recipient of a direct appropriation from the parks and
87.18trails fund must compile and submit all information for funded projects or programs,
87.19including the proposed measurable outcomes and all other items required under section
87.203.303, subdivision 10,must be made available on to the Legislative Coordinating
87.21Commission as soon as practicable or by the deadline specified in the enabling law,
87.22whichever comes first. The Legislative Coordinating Commission must post submitted
87.23information on the Web site required under section3.303 , subdivision 10, as soon as
87.24practicable. Information on the measured outcomes and evaluation must be posted as soon
87.25as it becomes available.
87.26(d) Grants funded by the parks and trails fund must be implemented according to
87.27section16B.98 and must account for all expenditures. Proposals must specify a process
87.28for any regranting envisioned. Priority for grant proposals must be given to proposals
87.29involving grants that will be competitively awarded.
87.30(e) Money from the parks and trails fund may only be spent on projects located
87.31in Minnesota.
87.32 (f) A state agency or other recipient of money from the parks and trails fund shall
87.33prominently display on the state agency's or other recipient's Web site home page, when
87.34applicable, the legacy logo required under Laws 2009, chapter 172, article 5, section
87.3510, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the
88.1phrase "Click here for more information." When a person clicks on the legacy logo image,
88.2the Web site must direct the person to a dedicated legacy page on the state agency's or
88.3other recipient's Web site. The dedicated legacy page must prominently display both the
88.4contact information for the state agency or other recipient that a person may use to obtain
88.5additional information, as well as a link to the Legislative Coordinating Commission Web
88.6site required under section 3.303, subdivision 10.
88.7(g) Future eligibility for money from the parks and trails fund is contingent upon a
88.8state agency or other recipient satisfying all applicable requirements in this section, as
88.9well as any additional requirements contained in applicable session law.
88.10 Sec. 3. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
88.11to read:
88.12 Subd. 12. Recipient requirements. (a) A state agency or other recipient of a direct
88.13appropriation from the outdoor heritage fund must compile and submit all information
88.14for funded projects or programs, including the proposed measurable outcomes and all
88.15other items required under section 3.303, subdivision 10, to the Legislative Coordinating
88.16Commission as soon as practicable or by the deadline specified in the enabling law,
88.17whichever comes first. The Legislative Coordinating Commission must post submitted
88.18information on the Web site required under section 3.303, subdivision 10, as soon as it
88.19becomes available.
88.20 (b) A state agency or other recipient of money from the outdoor heritage fund shall
88.21prominently display on the state agency's or other recipient's Web site home page, when
88.22applicable, the legacy logo required under Laws 2009, chapter 172, article 5, section
88.2310, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the
88.24phrase "Click here for more information." When a person clicks on the legacy logo image,
88.25the Web site must direct the person to a dedicated legacy page on the state agency's or
88.26other recipient's Web site. The dedicated legacy page must prominently display both the
88.27contact information for the state agency or other recipient that a person may use to obtain
88.28additional information, as well as a link to the Legislative Coordinating Commission Web
88.29site required under section 3.303, subdivision 10.
88.30(c) Future eligibility for money from the outdoor heritage fund is contingent upon a
88.31state agency or other recipient satisfying all applicable requirements in this section, as
88.32well as any additional requirements contained in applicable session law.
88.33 Sec. 4. Minnesota Statutes 2010, section 114D.50, subdivision 4, is amended to read:
89.1 Subd. 4. Expenditures; accountability. (a) A project receiving funding from the
89.2clean water fund must meet or exceed the constitutional requirements to protect, enhance,
89.3and restore water quality in lakes, rivers, and streams and to protect groundwater and
89.4drinking water from degradation. Priority may be given to projects that meet more than
89.5one of these requirements. A project receiving funding from the clean water fund shall
89.6include measurable outcomes, as defined in section3.303, subdivision 10 , and a plan for
89.7measuring and evaluating the results. A project must be consistent with current science
89.8and incorporate state-of-the-art technology.
89.9(b) Money from the clean water fund shall be expended to balance the benefits
89.10across all regions and residents of the state.
89.11(c)All A state agency or other recipient of a direct appropriation from the clean
89.12water fund must compile and submit all information for proposed and funded projects
89.13or programs, including the proposed measurable outcomes, must be made available on
89.14the Web site and all other items required under section
3.303, subdivision 10 , to the
89.15Legislative Coordinating Commission as soon as practicable or by the deadline specified
89.16in the enabling law, whichever comes first.Information on the measured outcomes and
89.17evaluation must be posted The Legislative Coordinating Commission must post submitted
89.18information on the Web site required under section 3.303, subdivision 10, as soon as it
89.19becomes available. Information classified as not public under section13D.05, subdivision
89.203 , paragraph (d), is not required to be placed on the Web site.
89.21(d) Grants funded by the clean water fund must be implemented according to section
89.2216B.98
and must account for all expenditures. Proposals must specify a process for any
89.23regranting envisioned. Priority for grant proposals must be given to proposals involving
89.24grants that will be competitively awarded.
89.25(e) Money from the clean water fund may only be spent on projects that benefit
89.26Minnesota waters.
89.27 (f) A state agency or other recipient of money from the clean water fund shall
89.28prominently display on the state agency's or other recipient's Web site home page, when
89.29applicable, the legacy logo required under Laws 2009, chapter 172, article 5, section
89.3010, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the
89.31phrase "Click here for more information." When a person clicks on the legacy logo image,
89.32the Web site must direct the person to a dedicated legacy page on the state agency's or
89.33other recipient's Web site. The dedicated legacy page must prominently display both the
89.34contact information for the state agency or other recipient that a person may use to obtain
89.35additional information, as well as a link to the Legislative Coordinating Commission Web
89.36site required under section 3.303, subdivision 10.
90.1(g) Future eligibility for money from the clean water fund is contingent upon a state
90.2agency or other recipient satisfying all applicable requirements in this section, as well as
90.3any additional requirements contained in applicable session law.
90.4 Sec. 5. Minnesota Statutes 2010, section 129D.17, subdivision 2, is amended to read:
90.5 Subd. 2. Expenditures; accountability. (a) Funding from the arts and cultural
90.6heritage fund may be spent only for arts, arts education, and arts access, and to preserve
90.7Minnesota's history and cultural heritage. A project or program receiving funding from
90.8the arts and cultural heritage fund must include measurable outcomes, and a plan for
90.9measuring and evaluating the results. A project or program must be consistent with current
90.10scholarship, or best practices, when appropriate and must incorporate state-of-the-art
90.11technology when appropriate.
90.12(b) Funding from the arts and cultural heritage fund may be granted for an entire
90.13project or for part of a project so long as the recipient provides a description and cost for
90.14the entire project and can demonstrate that it has adequate resources to ensure that the
90.15entire project will be completed.
90.16(c) Money from the arts and cultural heritage fund shall be expended for benefits
90.17across all regions and residents of the state.
90.18(d)All A state agency or other recipient of a direct appropriation from the arts and
90.19cultural heritage fund must compile and submit all information for funded projects or
90.20programs, including the proposed measurable outcomes and all other items required under
90.21section 3.303, subdivision 10,must be made available on to the Legislative Coordinating
90.22CommissionWeb site, as soon as practicable or by the deadline specified in the enabling
90.23law, whichever comes first.Information on the measured outcomes and evaluation must
90.24be posted The Legislative Coordinating Commission must post submitted information on
90.25the Web site required under section 3.303, subdivision 10, as soon as it becomes available.
90.26(e) Grants funded by the arts and cultural heritage fund must be implemented
90.27according to section16B.98 and must account for all expenditures of funds. Priority for
90.28grant proposals must be given to proposals involving grants that will be competitively
90.29awarded.
90.30(f) All money from the arts and cultural heritage fund must be for projects located
90.31in Minnesota.
90.32 (g) A state agency or other recipient of money from the arts and cultural heritage
90.33fund shall prominently display on the state agency's or other recipient's Web site home
90.34page, when applicable, the legacy logo required under Laws 2009, chapter 172, article 5,
90.35section 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by
91.1the phrase "Click here for more information." When a person clicks on the legacy logo
91.2image, the Web site must direct the person to a dedicated legacy page on the state agency's
91.3or other recipient's Web site. The dedicated legacy page must prominently display both the
91.4contact information for the state agency or other recipient that a person may use to obtain
91.5additional information, as well as a link to the Legislative Coordinating Commission Web
91.6site required under section 3.303, subdivision 10.
91.7(h) Future eligibility for money from the arts and cultural heritage fund is contingent
91.8upon a state agency or other recipient satisfying all applicable requirements in this section,
91.9as well as any additional requirements contained in applicable session law.
91.10 Sec. 6. APPLICABILITY.
91.11Sections 7 to 10 apply to any appropriation for fiscal year 2012 or 2013 from a legacy
91.12fund. For the purposes of sections 7 to 10, "legacy fund" means the outdoor heritage fund,
91.13the clean water fund, the parks and trails fund, or the arts and cultural heritage fund
91.14 Sec. 7. GENERAL PROVISIONS.
91.15 Subdivision. 1. Grants. Grants funded by a legacy fund must be implemented
91.16according to Minnesota Statutes, section 16B.98, and the responsible entity must account
91.17for all expenditures of funds.
91.18 Subd. 2. Constitution. A recipient of money from a legacy fund must comply with
91.19the Minnesota Constitution, article XI, section 15, and may not substitute money received
91.20from a legacy fund for a traditional source of funding.
91.21 Subd. 3. Trusts and similar instruments. A recipient of money from a legacy fund
91.22must not use the money to fund a trust, endowment, or similar instrument unless:
91.23(1) the entity reports no later than February 1 each year to the commissioner of
91.24management and budget and the legislative committees with jurisdiction over legacy
91.25funds regarding the recipient's use and fiduciary stewardship of legacy funds during the
91.26period; and
91.27(2) the entity submits to regular audits of the trust, endowment, or similar instrument
91.28by the Office of the Legislative Auditor.
91.29 Sec. 8. LEGACY FUNDS RECIPIENT REPORT.
91.30(a) A state agency or other recipient of a direct appropriation from a legacy fund
91.31shall submit a report to the Legislative Reference Library as provided under Minnesota
91.32Statutes, section 3.195, and to the Legislative Coordinating Commission that contains all
91.33of the information required under Minnesota Statutes, section 3.303, subdivision 10.
92.1(b) A state agency or other recipient of a direct appropriation from a legacy fund
92.2must submit a report containing all available and required information by January 15,
92.32012, for appropriations in fiscal year 2012, and January 15, 2013, for appropriations in
92.4fiscal year 2013. If the nature of a funded project is such that all required information is
92.5not yet available by the applicable reporting deadline, a state agency or other recipient of a
92.6direct appropriation must submit any additional information required under Minnesota
92.7Statutes, section 3.303, subdivision 10, as soon as practicable.
92.8 Sec. 9. IN THE EVENT OF A LAWSUIT.
92.9(a) An appropriation or portion of an appropriation from a legacy fund is canceled to
92.10the extent that a court determines that the appropriation unconstitutionally substitutes for
92.11a traditional source of funding.
92.12(b) Any grant contract or similar agreement that awards money from a legacy fund
92.13must contain the information in paragraph (a).
92.14 Sec. 10. LEGACY ACCOUNTING; TECHNICAL ASSISTANCE.
92.15No later than January 1, 2012, the commissioner of management and budget shall
92.16finalize guidance and best practices to assist state agencies in uniformly accounting for
92.17their expenditure of legacy funds. The commissioner shall make this information available
92.18to all state agencies identified in this act.
92.19 Sec. 11. LAND PURCHASES OUTSIDE SEVEN-COUNTY METROPOLITAN
92.20AREA; MORATORIUM.
92.21Notwithstanding any law to the contrary, for a period of one year from the effective
92.22date of this section, the Lessard-Sams Outdoor Heritage Council may not recommend
92.23the purchase of any land outside the seven-county metropolitan area, except they may
92.24purchase school trust lands to enhance the value of the trust.
1.3fund, clean water fund, parks and trails fund, and arts and cultural heritage fund;
1.4modifying certain outdoor heritage provisions; establishing accounts; modifying
1.5the Clean Water Legacy Act; revising membership and duties of the Clean
1.6Water Council; establishing State Capitol Preservation Commission; providing
1.7appointments; establishing reporting and other requirements for legacy fund
1.8recipients;amending Minnesota Statutes 2010, sections 3.303, subdivision 10;
1.985.013, by adding a subdivision; 85.53, subdivision 2; 97A.056, subdivisions
1.102, 3, by adding subdivisions; 114D.10; 114D.20, subdivisions 1, 2, 3, 6, 7;
1.11114D.30; 114D.35; 114D.50, subdivision 4; 116.195; 129D.17, subdivision 2;
1.12129D.18, subdivisions 3, 4; 129D.19, subdivision 5; Laws 2009, chapter 172,
1.13article 1, section 2, subdivisions 3, 15; article 2, section 4, as amended; article 4,
1.14section 9, subdivision 5; Laws 2010, chapter 361, article 1, section 2, subdivision
1.1514; article 2, section 3; proposing coding for new law in Minnesota Statutes,
1.16chapters 15B; 16B; 84; 138; repealing Minnesota Statutes 2010, sections 84.02,
1.17subdivisions 1, 2, 3, 4, 6, 7, 8; 114D.45.
1.18BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.21 |
Section 1. OUTDOOR HERITAGE APPROPRIATION. |
||||||
1.23agencies and for the purposes specified in this article. The appropriations are from the
1.24outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
1.25figures "2012" and "2013" used in this article mean that the appropriations listed under
1.26them are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively.
1.27"The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium"
1.28is fiscal years 2012 and 2013. The appropriations in this article are onetime.
| 2.1 |
APPROPRIATIONS |
||||||
| 2.2 |
Available for the Year |
||||||
| 2.3 |
Ending June 30 |
||||||
| 2.4 |
2012 |
2013 |
|||||
| 2.5 |
Sec. 2. OUTDOOR HERITAGE |
||||||
| 2.6 |
Subdivision 1.Total Appropriation |
$ |
92,126,000 |
$ |
471,000 |
||
2.8heritage fund. The amounts that may be
2.9spent for each purpose are specified in the
2.10following subdivisions.
| 2.11 |
Subd. 2.Prairies and Grasslands |
35,324,000 |
-0- |
||||
2.13and Natural Areas, and Prairie Bank
2.14Easement Acquisition - Phase III
2.15$4,690,000 the first year is to the
2.16commissioner of natural resources to:
2.17(1) acquire land in fee for wildlife
2.18management area purposes under Minnesota
2.19Statutes, sections 86A.05, subdivision 8, and
2.2097A.145;
2.21(2) acquire land in fee for scientific and
2.22natural area purposes under Minnesota
2.23Statutes, sections 84.033 and 86A.05,
2.24subdivision 5; and
2.25(3) acquire native prairie bank easements
2.26under Minnesota Statutes, section 84.96.
2.27Of this amount, $759,000 is for transfer
2.28to the outdoor heritage land management
2.29account in the special revenue fund for the
2.30purposes specified in Minnesota Statutes,
2.31section 97A.056, subdivision 1a.
2.32A list of proposed land or permanent
2.33conservation easement acquisitions must
3.1be provided as part of the required
3.2accomplishment plan. The accomplishment
3.3plan must include an easement monitoring
3.4and enforcement plan. Money appropriated
3.5from the outdoor heritage fund for easement
3.6acquisition may be used to establish a
3.7monitoring and enforcement fund as
3.8approved in the accomplishment plan,
3.9and subject to subdivision 15. An annual
3.10financial report is required for any monitoring
3.11and enforcement fund established, including
3.12expenditures from the fund.
3.13(b) Accelerated Prairie Restoration and
3.14Enhancement on DNR Lands - Phase III
3.15$1,652,000 the first year is to the
3.16commissioner of natural resources to
3.17accelerate the restoration and enhancement
3.18on wildlife management areas, scientific and
3.19natural areas, and land under native prairie
3.20bank easements.
3.21(c) Minnesota Buffers for Wildlife and
3.22Water
3.23$2,249,000 the first year is to the Board of
3.24Water and Soil Resources in cooperation
3.25with Pheasants Forever to acquire permanent
3.26conservation easements to enhance habitat
3.27by expanding riparian wildlife buffers on
3.28private land. A list of proposed easement
3.29acquisitions must be provided as part of
3.30the required accomplishment plan. The
3.31accomplishment plan must include an
3.32easement monitoring and enforcement
3.33plan. Money appropriated from the outdoor
3.34heritage fund for easement acquisition
3.35may be used to establish a monitoring
4.1and enforcement fund as approved in
4.2the accomplishment plan and subject to
4.3subdivision 15. An annual financial report is
4.4required for any monitoring and enforcement
4.5fund established, including expenditures
4.6from the fund.
4.7(d) Northern Tallgrass Prairie National
4.8Wildlife Refuge Land Acquisition - Phase
4.9III
4.10$1,720,000 the first year is to the
4.11commissioner of natural resources for an
4.12agreement with The Nature Conservancy
4.13to acquire land or permanent easements
4.14within the Northern Tallgrass Prairie Habitat
4.15Preservation Area in western Minnesota for
4.16addition to the Northern Tallgrass Prairie
4.17National Wildlife Refuge. A list of proposed
4.18land acquisitions must be provided as part
4.19of the required accomplishment plan. The
4.20accomplishment plan must include an
4.21easement monitoring and enforcement plan.
4.22(e) Minnesota Prairie Recovery Project -
4.23Phase II
4.24$4,500,000 the first year is to the
4.25commissioner of natural resources for an
4.26agreement with The Nature Conservancy to
4.27acquire native prairie and savanna and restore
4.28and enhance grasslands and savanna. A list of
4.29proposed land acquisitions must be provided
4.30as part of the required accomplishment plan.
4.31Acquisitions, restorations, and enhancements
4.32must be within the two existing and two
4.33additional pilot focus areas contained in
4.34the accomplishment plan. Annual income
4.35statements and balance sheets for income
5.1and expenses from land acquired with
5.2appropriations from the outdoor heritage
5.3fund must be submitted to the Lessard-Sams
5.4Outdoor Heritage Council.
5.5(f) Cannon River Headwaters Habitat
5.6Complex - Phase I
5.7$1,877,000 the first year is to the
5.8commissioner of natural resources for an
5.9agreement with The Trust for Public Land
5.10to acquire and restore lands in the Cannon
5.11River watershed for wildlife management
5.12area purposes under Minnesota Statutes,
5.13section 86A.05, subdivision 8, or aquatic
5.14management areas under Minnesota Statutes,
5.15sections 86A.05, subdivision 14, and 97C.02.
5.16Of this amount, $344,000 is for transfer
5.17to the outdoor heritage land management
5.18account in the special revenue fund for the
5.19purposes specified in Minnesota Statutes,
5.20section 97A.056, subdivision 1a. A list of
5.21proposed land acquisitions must be provided
5.22as part of the required accomplishment plan.
5.23(g) Accelerating the Wildlife Management
5.24Area Program - Phase III
5.25$6,691,000 the first year is to the
5.26commissioner of natural resources for an
5.27agreement with Pheasants Forever to acquire
5.28prairie and other habitat areas for wildlife
5.29management area purposes under Minnesota
5.30Statutes, section 86A.05, subdivision 8. Of
5.31this amount, $1,191,000 is for transfer to the
5.32outdoor heritage land management account
5.33in the special revenue fund for the purposes
5.34specified in Minnesota Statutes, section
5.3597A.056, subdivision 1a. A list of proposed
6.1land acquisitions must be provided as part of
6.2the required accomplishment plan.
6.3(h) Accelerating the Waterfowl Production
6.4Area Program - Phase III
6.5$9,815,000 the first year is to the
6.6commissioner of natural resources for
6.7an agreement with Pheasants Forever to
6.8accelerate the acquisition of wetlands and
6.9grasslands to be added to the waterfowl
6.10production area system in Minnesota in
6.11cooperation with the United States Fish and
6.12Wildlife Service. A list of proposed land
6.13acquisitions must be provided as part of the
6.14required accomplishment plan.
6.15(i) The Green Corridor Legacy Program -
6.16Phase III
6.17$2,130,000 the first year is to the
6.18commissioner of natural resources for
6.19an agreement with the Redwood Area
6.20Development Corporation to acquire land
6.21for wildlife management area purposes
6.22under Minnesota Statutes, section 86A.05,
6.23subdivision 8, or aquatic management
6.24areas under Minnesota Statutes, sections
6.2586A.05, subdivision 14, and 97C.02. Of
6.26this amount, $359,000 is for transfer to the
6.27outdoor heritage land management account
6.28in the special revenue fund for the purposes
6.29specified in Minnesota Statutes, section
6.3097A.056, subdivision 1a. A list of proposed
6.31land acquisitions must be provided as part of
6.32the required accomplishment plan.
6.33(j) Native Prairie Report
6.34By January 15, 2012, the Lessard-Sams
6.35Outdoor Heritage Council shall submit a
7.1report to the chairs and ranking minority
7.2members of the house of representatives
7.3and senate committees and divisions with
7.4jurisdiction over the outdoor heritage fund
7.5and environment and natural resources
7.6finance and policy that details the amount
7.7of native prairie protected, enhanced,
7.8and restored with outdoor heritage fund
7.9appropriations for fiscal years 2010, 2011,
7.10and 2012. The report must include:
7.11(1) the total number of acres of native prairie
7.12that have been protected; and
7.13(2) the total number of acres of native prairie
7.14that have been restored.
| 7.15 |
Subd. 3.Forests |
16,039,000 |
-0- |
||||
7.17Phase III
7.18$5,409,000 the first year is to the
7.19commissioner of natural resources to
7.20acquire forest and wetland habitat through
7.21working forest easements and fee acquisition
7.22under the Minnesota forests for the future
7.23program pursuant to Minnesota Statutes,
7.24section 84.66. A conservation easement
7.25acquired with money appropriated under this
7.26paragraph must comply with subdivision
7.2713. A list of proposed land acquisitions
7.28must be provided as part of the required
7.29accomplishment plan. The accomplishment
7.30plan must include an easement monitoring
7.31and enforcement plan. Money appropriated
7.32from the outdoor heritage fund for easement
7.33acquisition may be used to establish a
7.34monitoring and enforcement fund as
7.35approved in the accomplishment plan
8.1and subject to subdivision 15. An annual
8.2financial report is required for any monitoring
8.3and enforcement fund established, including
8.4expenditures from the fund.
8.5(b) LaSalle Lake: Protecting Critical
8.6Mississippi Headwaters Habitat
8.7$5,709,000 the first year is to the
8.8commissioner of natural resources for an
8.9agreement with The Trust for Public Land
8.10to acquire land adjacent to LaSalle Lake in
8.11Hubbard County. Of this amount, $1,077,000
8.12is for transfer to the outdoor heritage land
8.13management account in the special revenue
8.14fund for the purposes specified in Minnesota
8.15Statutes, section 97A.056, subdivision
8.161a. A list of proposed land acquisitions
8.17must be provided as part of the required
8.18accomplishment plan. If the acquisition
8.19is not completed by July 15, 2012, or if a
8.20balance remains after acquisition of land, the
8.21money under this paragraph is available for
8.22acquisition under subdivision 2, paragraph
8.23(a).
8.24(c) Accelerated Forest Habitat
8.25Enhancement - Phase II
8.26$826,000 the first year is to the commissioner
8.27of natural resources to restore and enhance
8.28lands in state forests, pursuant to Minnesota
8.29Statutes, section 89.021.
8.30(d) Northeastern Minnesota Sharp-Tailed
8.31Grouse Habitat Partnership - Phase II
8.32$1,199,000 the first year is to the
8.33commissioner of natural resources for
8.34an agreement with Pheasants Forever in
8.35cooperation with the Minnesota Sharp-Tailed
9.1Grouse Society to acquire and enhance
9.2lands for wildlife management area purposes
9.3under Minnesota Statutes, section 86A.05,
9.4subdivision 8. Of this amount, $211,000
9.5is for transfer to the outdoor heritage land
9.6management account in the special revenue
9.7fund for the purposes specified in Minnesota
9.8Statutes, section 97A.056, subdivision
9.91a. A list of proposed land acquisitions
9.10must be provided as part of the required
9.11accomplishment plan.
9.12(e) Lower Mississippi River Habitat
9.13Partnership - Phase II
9.14$863,000 the first year is to the commissioner
9.15of natural resources to acquire and enhance
9.16habitat in the lower Root River and
9.17lower Zumbro River watersheds, pursuant
9.18to Minnesota Statutes, section 86A.05,
9.19subdivisions 7 and 8. Of this amount,
9.20$156,000 is for transfer to the outdoor
9.21heritage land management account in the
9.22special revenue fund for the purposes
9.23specified in Minnesota Statutes, section
9.2497A.056, subdivision 1a. A list of proposed
9.25land acquisitions must be provided as part of
9.26the required accomplishment plan.
9.27(f) Protect Key Forest Habitat Lands in
9.28Cass County - Phase II
9.29$604,000 the first year is to the commissioner
9.30of natural resources for an agreement with
9.31Cass County to acquire land in fee for forest
9.32wildlife habitat. A list of proposed land
9.33acquisitions must be provided as part of the
9.34required accomplishment plan.
9.35(g) State Forest Acquisition
10.1$1,429,000 the first year is to the
10.2commissioner of natural resources to acquire
10.3land in fee and permanent management
10.4access easements for state forests under
10.5Minnesota Statutes, section 86A.05,
10.6subdivision 7. Of this amount, $224,000
10.7is for transfer to the outdoor heritage land
10.8management account in the special revenue
10.9fund for the purposes specified in Minnesota
10.10Statutes, section 97A.056, subdivision
10.111a. A list of proposed land acquisitions
10.12must be provided as part of the required
10.13accomplishment plan.
| 10.14 |
Subd. 4.Wetlands |
15,934,000 |
-0- |
||||
10.16Reserve Acquisition and Restoration
10.17Program Partnership - Phase III
10.18$13,000,000 the first year is to the Board
10.19of Water and Soil Resources to acquire
10.20permanent conservation easements and
10.21restore wetlands and associated upland
10.22habitat in cooperation with the United States
10.23Department of Agriculture Wetlands Reserve
10.24Program. A list of proposed land acquisitions
10.25must be provided as part of the required
10.26accomplishment plan. The accomplishment
10.27plan must include an easement monitoring
10.28and enforcement plan. Money appropriated
10.29from the outdoor heritage fund for easement
10.30acquisition may be used to establish a
10.31monitoring and enforcement fund as
10.32approved in the accomplishment plan
10.33and subject to subdivision 15. An annual
10.34financial report is required for any monitoring
10.35and enforcement fund established, including
11.1expenditures from the fund and a description
11.2of monitoring and enforcement activities.
11.3(b) Accelerated Shallow Lakes and
11.4Wetlands Restoration and Enhancement -
11.5Phase III
11.6$936,000 the first year is to the commissioner
11.7of natural resources to develop engineering
11.8designs for shallow lakes and wetlands and
11.9restore and enhance shallow lakes.
11.10(c) Shallow Lake Shoreland Protection:
11.11Wild Rice Lakes
11.12$1,998,000 the first year is to the
11.13commissioner of natural resources for an
11.14agreement with Ducks Unlimited and the
11.15Board of Water and Soil Resources to acquire
11.16wild rice lake shoreland habitat in fee and
11.17as permanent conservation easements as
11.18follows: $500,000 to the Department of
11.19Natural Resources; $1,100,000 to the Board
11.20of Water and Soil Resources; $291,000 to
11.21Ducks Unlimited; and $107,000 for transfer
11.22to the outdoor heritage land management
11.23account in the special revenue fund for the
11.24purposes specified in Minnesota Statutes,
11.25section 97A.056, subdivision 1a. A list of
11.26proposed land acquisitions must be provided
11.27as part of the required accomplishment plan.
11.28The accomplishment plan must include
11.29an easement monitoring and enforcement
11.30plan. Money appropriated from the outdoor
11.31heritage fund for easement acquisition
11.32may be used to establish a monitoring
11.33and enforcement fund as approved in
11.34the accomplishment plan and subject to
11.35subdivision 15. An annual financial report is
12.1required for any monitoring and enforcement
12.2fund established, including expenditures
12.3from the fund.
| 12.4 |
Subd. 5.Habitat |
24,086,000 |
-0- |
||||
12.6Area Habitat Program - Phase III
12.7$7,061,000 the first year is to the
12.8commissioner of natural resources to
12.9acquire interests in land in fee or permanent
12.10conservation easements for aquatic
12.11management areas under Minnesota Statutes,
12.12sections 86A.05, subdivision 14, and 97C.02,
12.13to restore and enhance aquatic habitat.
12.14Of this amount, $561,000 is for transfer
12.15to the outdoor heritage land management
12.16account in the special revenue fund for the
12.17purposes specified in Minnesota Statutes,
12.18section 97A.056, subdivision 1a. A list
12.19of proposed acquisitions and stream and
12.20lake habitat restorations and enhancements
12.21must be provided as part of the required
12.22accomplishment plan. The accomplishment
12.23plan must include an easement monitoring
12.24and enforcement plan. Money appropriated
12.25from the outdoor heritage fund for easement
12.26acquisition may be used to establish a
12.27monitoring and enforcement fund as
12.28approved in the accomplishment plan
12.29and subject to subdivision 15. An annual
12.30financial report is required for any monitoring
12.31and enforcement fund established, including
12.32expenditures from the fund.
12.33(b) Coldwater Fish Habitat Enhancement
12.34Program - Phase III
13.1$1,533,000 the first year is to the
13.2commissioner of natural resources for an
13.3agreement with Minnesota Trout Unlimited
13.4to restore, enhance, and protect cold water
13.5river and stream habitats in Minnesota. A list
13.6of proposed projects, describing types and
13.7locations of restorations and enhancements,
13.8must be provided as part of the required
13.9accomplishment plan.
13.10(c) Land Addition to the Janet Johnson
13.11Memorial Wildlife Management Area
13.12$707,000 the first year is to the commissioner
13.13of natural resources for an agreement with
13.14Chisago County to acquire land in fee to
13.15be added to the Janet Johnson Memorial
13.16Wildlife Management Area under Minnesota
13.17Statutes, section 86A.05, subdivision 8. Of
13.18this amount, $130,000 is for transfer to the
13.19outdoor heritage land management account
13.20in the special revenue fund for the purposes
13.21specified in Minnesota Statutes, section
13.2297A.056, subdivision 1a. A list of proposed
13.23land acquisitions must be provided as part of
13.24the required accomplishment plan.
13.25(d) Metro Big Rivers Habitat - Phase II
13.26$5,481,000 the first year is to the
13.27commissioner of natural resources for
13.28agreements to acquire interests in land in
13.29fee or permanent conservation easements
13.30and to restore and enhance natural systems
13.31associated with the Mississippi, Minnesota,
13.32and St. Croix Rivers as follows: $960,000
13.33to the Minnesota Valley National Wildlife
13.34Refuge Trust, Inc.; $150,000 to Great River
13.35Greening; $840,000 to Minnesota Land
14.1Trust; $150,000 to Friends of the Mississippi
14.2River; $2,900,000 to The Trust for Public
14.3Land; and $481,000 for transfer to the
14.4outdoor heritage land management account
14.5in the special revenue fund for the purposes
14.6specified in Minnesota Statutes, section
14.797A.056, subdivision 1a. A list of proposed
14.8projects, describing types and locations of
14.9acquisitions, restorations, and enhancements,
14.10must be provided as part of the required
14.11accomplishment plan. The accomplishment
14.12plan must include an easement monitoring
14.13and enforcement plan. Money appropriated
14.14from the outdoor heritage fund for easement
14.15acquisition may be used to establish a
14.16monitoring and enforcement fund as
14.17approved in the accomplishment plan
14.18and subject to subdivision 15. An annual
14.19financial report is required for any monitoring
14.20and enforcement fund established, including
14.21expenditures from the fund.
14.22(e) Protecting Sensitive Shorelands in
14.23North Central Minnesota
14.24$1,098,000 the first year is to the
14.25commissioner of natural resources for
14.26agreements with the Leech Lake Watershed
14.27Foundation and the Minnesota Land Trust
14.28as follows: $339,000 to the Leech Lake
14.29Watershed Foundation; $741,000 to the
14.30Minnesota Land Trust; and $18,000 to the
14.31Department of Natural Resources to pay for
14.32acquisition-related expenses and monitoring
14.33costs of donated permanent conservation
14.34easements on sensitive shorelands in north
14.35central Minnesota. A list of proposed land
14.36acquisitions must be provided as part of
15.1the required accomplishment plan. The
15.2accomplishment plan must include an
15.3easement monitoring and enforcement
15.4plan. Money appropriated from the outdoor
15.5heritage fund for easement acquisition
15.6may be used to establish a monitoring
15.7and enforcement fund as approved in
15.8the accomplishment plan and subject to
15.9subdivision 15. An annual financial report is
15.10required for any monitoring and enforcement
15.11fund established, including expenditures
15.12from the fund.
15.13(f) Restoring Native Habitat and Water
15.14Quality to Shell Rock River - Phase II
15.15$2,577,000 the first year is to the
15.16commissioner of natural resources for
15.17an agreement with the Shell Rock River
15.18Watershed District to acquire land in fee
15.19at the headwaters of the Shell Rock River
15.20for aquatic management area purposes
15.21under Minnesota Statutes, sections 86A.05,
15.22subdivision 14, and 97C.02, to restore
15.23and enhance aquatic habitat. The leases
15.24for gravel mining existing at the time of
15.25acquisition may not be extended and all gross
15.26income generated from mining operations
15.27must be transferred to the commissioner of
15.28management and budget and credited to the
15.29outdoor heritage fund. A list of proposed
15.30land acquisitions must be provided as part of
15.31the required accomplishment plan.
15.32(g) Outdoor Heritage Conservation
15.33Partners Grant Program - Phase III
15.34$5,629,000 the first year is to the
15.35commissioner of natural resources for a
16.1program to provide competitive, matching
16.2grants of up to $400,000 to local, regional,
16.3state, and national organizations for
16.4enhancement, restoration, or protection of
16.5forests, wetlands, prairies, and habitat for
16.6fish, game, or wildlife in Minnesota. Grants
16.7shall not be made for activities required to
16.8fulfill the duties of owners of lands subject
16.9to conservation easements. Grants shall
16.10not be made from appropriations in this
16.11paragraph for projects that have a total
16.12project cost exceeding $475,000. $319,000
16.13of this appropriation may be spent for
16.14personnel costs and other administrative
16.15costs. Grantees may acquire land or interests
16.16in land. Easements must be permanent.
16.17Land acquired in fee must be open to
16.18hunting and fishing during the open season
16.19unless otherwise provided by state law. The
16.20program shall require a match of at least ten
16.21percent from nonstate sources for grants of
16.22$100,000 or less and a match of at least 15
16.23percent from nonstate sources for grants over
16.24$100,000. Up to one-third of the match may
16.25be in-kind resources. For grant applications
16.26of $25,000 or less, the commissioner shall
16.27provide a separate, simplified application
16.28process. The criteria for evaluating grant
16.29applications over $25,000 must include the
16.30amount of habitat restored, enhanced, or
16.31protected; local support; encouragement
16.32of a local conservation culture; urgency;
16.33capacity to achieve multiple benefits;
16.34habitat benefits provided; consistency with
16.35current conservation science; adjacency
16.36to protected lands; full funding of the
17.1project; supplementing existing funding;
17.2public access for hunting and fishing during
17.3the open season; sustainability; degree
17.4of collaboration; and use of native plant
17.5materials. All projects must conform to
17.6the Minnesota statewide conservation and
17.7preservation plan. Wildlife habitat projects
17.8must also conform to the Minnesota wildlife
17.9action plan. Subject to the evaluation
17.10criteria and requirements of this paragraph
17.11and Minnesota Statutes, the commissioner
17.12of natural resources shall give priority to
17.13organizations that have a history of receiving
17.14or charter to receive private contributions
17.15for local conservation or habitat projects
17.16when evaluating projects of equal value. If
17.17acquiring land or a conservation easement,
17.18priority shall be given to projects associated
17.19with existing wildlife management areas
17.20under Minnesota Statutes, section 86A.05,
17.21subdivision 8; scientific and natural areas
17.22under Minnesota Statutes, sections 84.033
17.23and 86A.05, subdivision 5; and aquatic
17.24management areas under Minnesota Statutes,
17.25sections 86A.05, subdivision 14, and 97C.02.
17.26All restoration or enhancement projects
17.27must be on land permanently protected by a
17.28conservation easement or public ownership
17.29or in public waters as defined in Minnesota
17.30Statutes, section 103G.005, subdivision
17.3115. Priority shall be given to restoration
17.32and enhancement projects on public lands.
17.33Subdivision 9 applies to grants awarded
17.34under this paragraph. This appropriation is
17.35available until June 30, 2015. No less than
17.36five percent of the amount of each grant
18.1must be held back from reimbursement until
18.2the grant recipient has completed a grant
18.3accomplishment report by the deadline and
18.4in the form prescribed by and satisfactory to
18.5the Lessard-Sams Outdoor Heritage Council.
18.6The commissioner shall provide notice of the
18.7grant program in the 2011 game and fish law
18.8summaries that are prepared under Minnesota
18.9Statutes, section 97A.051, subdivision 2.
| 18.10 |
Subd. 6.Administration |
743,000 |
471,000 |
||||
18.12$175,000 the first year is to the commissioner
18.13of natural resources for contract management
18.14duties assigned in this section. The
18.15commissioner shall provide documentation
18.16to the Legislative Coordinating Commission
18.17on the expenditure of these funds.
18.18(b) Legislative Coordinating Commission
18.19(1) $471,000 the first year and $471,000
18.20the second year are to the Legislative
18.21Coordinating Commission for two years of
18.22administrative expenses of the Lessard-Sams
18.23Outdoor Heritage Council and for two years
18.24of compensation and expense reimbursement
18.25of council members.
18.26(2) $13,000 the first year is to the Legislative
18.27Coordinating Commission for the Web site
18.28required under Minnesota Statutes, section
18.293.303, subdivision 10.
18.30(c) Technical Assistance Panel
18.31$84,000 the first year is to the commissioner
18.32of natural resources for a technical assistance
18.33panel to conduct up to ten restoration audits
19.1under Minnesota Statutes, section 97A.056,
19.2subdivision 10.
| 19.3 |
Subd. 7.Availability of Appropriation |
||||||
19.5not be spent on activities unless they are
19.6directly related to and necessary for a
19.7specific appropriation and are specified
19.8in the accomplishment plan. Money
19.9appropriated in this section must not be
19.10spent on indirect costs or other institutional
19.11overhead charges that are not directly related
19.12to and necessary for a specific appropriation.
19.13Unless otherwise provided, the amounts
19.14in this section are available until June 30,
19.152014, when projects must be completed and
19.16final accomplishments reported. Funds for
19.17restoration or enhancement are available
19.18until June 30, 2016, or four years after
19.19acquisition, whichever is later, in order to
19.20complete restoration or enhancement work.
19.21If a project receives federal funds, the time
19.22period of the appropriation is extended to
19.23equal the availability of federal funding.
19.24Funds appropriated for fee title acquisition
19.25of land may be used to restore, enhance, and
19.26provide for the public use of land acquired
19.27with the appropriation. Public use facilities
19.28must have a minimal impact on habitat on
19.29acquired lands.
| 19.30 |
Subd. 8.Accomplishment Plans |
||||||
19.32appropriations made under this section that
19.33the agency or entity using the appropriation
19.34submit to the Lessard-Sams Outdoor
19.35Heritage Council an accomplishment plan
20.1and periodic accomplishment reports in
20.2the form determined by the council. The
20.3accomplishment plan must identify the
20.4project manager responsible for expending
20.5the appropriation and the final product. The
20.6accomplishment plan must account for the
20.7use of the appropriation and outcomes of
20.8the expenditure in measures of wetlands,
20.9prairies, forests, and fish, game, and wildlife
20.10habitat restored, protected, and enhanced.
20.11The plan must include an evaluation of
20.12results. None of the money provided in this
20.13section may be expended unless the council
20.14has approved the pertinent accomplishment
20.15plan.
| 20.16 |
Subd. 9.Project Requirements |
||||||
20.18appropriation made under this section, an
20.19agency or entity receiving an appropriation
20.20must comply with this subdivision for any
20.21project funded in whole or in part with funds
20.22from the appropriation.
20.23(b) All conservation easements acquired with
20.24money appropriated under this section must:
20.25(1) be permanent; (2) specify the parties to
20.26the easement; (3) specify all of the provisions
20.27of an agreement that are permanent; (4)
20.28specify the habitat types and location
20.29being protected; (5) where appropriate for
20.30conservation or water protection outcomes,
20.31require the grantor to employ practices
20.32retaining water on the eased land as long as
20.33practicable; (6) specify the responsibilities
20.34of the parties for habitat enhancement and
20.35restoration and the associated costs of these
21.1activities; (7) be sent to the office of the
21.2Lessard-Sams Outdoor Heritage Council; (8)
21.3include a long-term stewardship plan and
21.4identify the sources and amount of funding
21.5for monitoring and enforcing the easement
21.6agreement; and (9) identify the parties
21.7responsible for monitoring and enforcing the
21.8easement agreement.
21.9(c) For all restorations, a recipient must
21.10prepare and retain an ecological restoration
21.11and management plan that, to the degree
21.12practicable, is consistent with current
21.13conservation science and ecological goals
21.14for the restoration site. Consideration should
21.15be given to soil, geology, topography, and
21.16other relevant factors that would provide
21.17the best chance for long-term success and
21.18durability of the restoration projects. The
21.19plan must include the proposed timetable for
21.20implementing the restoration, including, but
21.21not limited to, site preparation, establishment
21.22of diverse plant species, maintenance, and
21.23additional enhancement to establish the
21.24restoration; identify long-term maintenance
21.25and management needs of the restoration
21.26and how the maintenance, management,
21.27and enhancement will be financed; and use
21.28current conservation science to achieve the
21.29best restoration.
21.30(d) For new lands acquired, a recipient
21.31must prepare a restoration and management
21.32plan in compliance with paragraph (c),
21.33including identification of sufficient funding
21.34for implementation.
22.1(e) To ensure public accountability for the
22.2use of public funds, a recipient must provide
22.3to the Lessard-Sams Outdoor Heritage
22.4Council documentation of the process
22.5used to select parcels acquired in fee or as
22.6permanent conservation easements and must
22.7provide the council with documentation
22.8of all related transaction costs, including,
22.9but not limited to, appraisals, legal fees,
22.10recording fees, commissions, other similar
22.11costs, and donations. This information
22.12must be provided for all parties involved
22.13in the transaction. The recipient must
22.14also report to the Lessard-Sams Outdoor
22.15Heritage Council any difference between the
22.16acquisition amount paid to the seller and the
22.17state-certified or state-reviewed appraisal, if
22.18a state-certified or state-reviewed appraisal
22.19was conducted. Acquisition data such
22.20as appraisals may remain private during
22.21negotiations but must ultimately be made
22.22public according to Minnesota Statutes,
22.23chapter 13.
22.24(f) Except as otherwise provided in this
22.25section, all restoration and enhancement
22.26projects funded with money appropriated
22.27under this section must be on land
22.28permanently protected by a conservation
22.29easement or public ownership or in public
22.30waters as defined in Minnesota Statutes,
22.31section 103G.005, subdivision 15.
22.32(g) To the extent an appropriation is used to
22.33acquire an interest in real property, a recipient
22.34of an appropriation under this section must
22.35provide to the Lessard-Sams Outdoor
22.36Heritage Council and the commissioner
23.1of management and budget an analysis of
23.2increased operations and maintenance costs
23.3likely to be incurred by public entities as
23.4a result of the acquisition and of how these
23.5costs are to be paid.
23.6(h) A recipient of money under this section
23.7must erect signage according to Laws 2009,
23.8chapter 172, article 5, section 10.
| 23.9 23.10 |
Subd. 10.Payment Conditions and Capital Equipment Expenditures |
||||||
23.12to in this section must be administered on
23.13a reimbursement basis unless otherwise
23.14provided in this section. Notwithstanding
23.15Minnesota Statutes, section 16A.41,
23.16expenditures directly related to each
23.17appropriation's purpose made on or after July
23.181, 2011, are eligible for reimbursement unless
23.19otherwise provided in this section. Periodic
23.20reimbursement must be made upon receiving
23.21documentation that the deliverable items
23.22articulated in the approved accomplishment
23.23plan have been achieved, including partial
23.24achievements as evidenced by approved
23.25progress reports. Reasonable amounts may
23.26be advanced to projects to accommodate
23.27cash flow needs, support future management
23.28of acquired lands, or match a federal share.
23.29The advances must be approved as part of
23.30the accomplishment plan. Capital equipment
23.31expenditures for specific items in excess of
23.32$10,000 must be itemized in and approved as
23.33part of the accomplishment plan.
| 23.34 23.35 |
Subd. 11.Purchase of Recycled and Recyclable Materials |
||||||
24.2corporation, or other entity that receives an
24.3appropriation under this section must use the
24.4appropriation in compliance with Minnesota
24.5Statutes, sections 16B.121, regarding
24.6purchase of recycled, repairable, and durable
24.7materials, and 16B.122, regarding purchase
24.8and use of paper stock and printing.
| 24.9 |
Subd. 12.Accessibility |
||||||
24.11meet the design standards in the Americans
24.12with Disabilities Act (ADA) accessibility
24.13guidelines.
| 24.14 |
Subd. 13.Land Acquisition Restrictions |
||||||
24.16not limited to, an easement or fee title that
24.17is acquired with money appropriated under
24.18this section must be used in perpetuity or for
24.19the specific term of an easement interest for
24.20the purpose for which the appropriation was
24.21made.
24.22(b) A recipient of funding who acquires
24.23an interest in real property subject to this
24.24subdivision may not alter the intended use
24.25of the interest in real property or convey
24.26any interest in the real property acquired
24.27with the appropriation without the prior
24.28review and approval of the Lessard-Sams
24.29Outdoor Heritage Council or its successor.
24.30The council shall notify the chairs and
24.31ranking minority members of the legislative
24.32committees and divisions with jurisdiction
24.33over the outdoor heritage fund at least 15
24.34business days before approval under this
24.35paragraph. The council shall establish
25.1procedures to review requests from recipients
25.2to alter the use of or convey an interest in
25.3real property. These procedures shall allow
25.4for the replacement of the interest in real
25.5property with another interest in real property
25.6meeting the following criteria: (1) the
25.7interest must be at least equal in fair market
25.8value, as certified by the commissioner
25.9of natural resources, to the interest being
25.10replaced; and (2) the interest must be in a
25.11reasonably equivalent location and have a
25.12reasonably equivalent useful conservation
25.13purpose compared to the interest being
25.14replaced, taking into consideration all effects
25.15from fragmentation of the whole habitat.
25.16(c) A recipient of funding who acquires an
25.17interest in real property under paragraph
25.18(a) must separately record a notice of
25.19funding restrictions in the appropriate local
25.20government office where the conveyance
25.21of the interest in real property is filed. The
25.22notice of funding agreement must contain:
25.23(1) a legal description of the interest in real
25.24property covered by the funding agreement;
25.25(2) a reference to the underlying funding
25.26agreement; (3) a reference to this section; and
25.27(4) the following statement: "This interest
25.28in real property shall be administered in
25.29accordance with the terms, conditions, and
25.30purposes of the grant agreement controlling
25.31the acquisition of the property. The interest
25.32in real property, or any portion of the interest
25.33in real property, shall not be sold, transferred,
25.34pledged, or otherwise disposed of or further
25.35encumbered without obtaining the prior
25.36written approval of the Lessard-Sams
26.1Outdoor Heritage Council or its successor.
26.2The ownership of the interest in real property
26.3shall transfer to the state if: (1) the holder of
26.4the interest in real property fails to comply
26.5with the terms and conditions of the grant
26.6agreement or accomplishment plan; or
26.7(2) restrictions are placed on the land that
26.8preclude its use for the intended purpose as
26.9specified in the appropriation."
| 26.10 |
Subd. 14.Real Property Interest Report |
||||||
26.12money appropriated under this section that
26.13is used for the acquisition of an interest in
26.14real property, including, but not limited to,
26.15an easement or fee title, must submit annual
26.16reports on the status of the real property to
26.17the Lessard-Sams Outdoor Heritage Council
26.18or its successor in a form determined by the
26.19council. The responsibility for reporting
26.20under this section may be transferred by
26.21the recipient of the appropriation to another
26.22person or entity that holds the interest in the
26.23real property. To complete the transfer of
26.24reporting responsibility, the recipient of the
26.25appropriation must: (1) inform the person
26.26to whom the responsibility is transferred of
26.27that person's reporting responsibility; (2)
26.28inform the person to whom the responsibility
26.29is transferred of the property restrictions
26.30under subdivision 13; and (3) provide written
26.31notice to the council of the transfer of
26.32reporting responsibility, including contact
26.33information for the person to whom the
26.34responsibility is transferred. After the
26.35transfer, the person or entity that holds the
27.1interest in the real property is responsible for
27.2reporting requirements under this section.
| 27.3 27.4 |
Subd. 15.Easement Monitoring and Enforcement Requirements |
||||||
27.6for easement monitoring and enforcement
27.7may be spent only on activities included in
27.8an easement monitoring and enforcement
27.9plan contained within the accomplishment
27.10plan. Money received for monitoring
27.11and enforcement, including earnings on
27.12the money received, shall be kept in a
27.13monitoring and enforcement fund held by
27.14the organization and dedicated to monitoring
27.15and enforcing conservation easements within
27.16Minnesota. Within 120 days after the close
27.17of the entity's fiscal year, an entity receiving
27.18appropriations for easement monitoring
27.19and enforcement must provide an annual
27.20financial report to the Lessard-Sams Outdoor
27.21Heritage Council on the easement monitoring
27.22and enforcement fund as specified in the
27.23accomplishment plan. Money appropriated
27.24under this section for monitoring and
27.25enforcement of easements and earnings on
27.26the money appropriated shall revert to the
27.27state if: (1) the easement transfers to the
27.28state under subdivision 13; (2) the holder of
27.29the easement fails to file an annual report
27.30and then fails to cure that default within 30
27.31days of notification of the default by the
27.32state; or (3) the holder of the easement fails
27.33to comply with the terms of the monitoring
27.34and enforcement plan contained within the
27.35accomplishment plan and fails to cure that
28.1default within 90 days of notification of the
28.2default by the state.
| 28.3 |
Subd. 16.Successor Organizations |
||||||
28.5may approve the continuation of a project
28.6with an organization that has adopted
28.7a new name. Continuation of a project
28.8with an organization that has undergone
28.9a significant change in mission, structure,
28.10or purpose requires: (1) notice to the
28.11chairs of the legislative committees with
28.12relevant jurisdiction; and (2) presentation
28.13by the council of proposed legislation either
28.14ratifying or rejecting continued involvement
28.15with the new organization.
| 28.16 |
Subd. 17.Appropriations Adjustment |
||||||
28.18Protection Initiative
28.19Of the amount appropriated in Laws 2009,
28.20chapter 172, article 1, section 2, subdivision
28.212, paragraph (f), $65,000 is for deposit in
28.22a monitoring and enforcement account as
28.23authorized in subdivision 15.
28.24(b) Critical Shoreline Habitat Protection
28.25Program
28.26Of the amount appropriated in Laws 2010,
28.27chapter 361, article 1, section 2, subdivision
28.283, paragraph (a), $187,000 is for deposit in
28.29a monitoring and enforcement account as
28.30authorized in subdivision 15.
28.31(c) Riparian and Lakeshore Protection in
28.32Dakota County
28.33Of the amount appropriated in Laws 2010,
28.34chapter 361, article 1, section 2, subdivision
29.15, paragraph (d), $80,000 is for deposit in
29.2a monitoring and enforcement account as
29.3authorized in subdivision 15.
29.4(d) Valley Creek Protection Partnership
29.5Of the amount appropriated in Laws 2010,
29.6chapter 361, article 1, section 2, subdivision
29.75, paragraph (e), $12,000 is for deposit in
29.8a monitoring and enforcement account as
29.9authorized in subdivision 15.
29.10 Sec. 3. [84.68] FORESTS FOR THE FUTURE CONSERVATION EASEMENT
29.11ACCOUNT.
29.12 Subdivision 1. Account established; sources. The forests for the future
29.13conservation easement account is created in the natural resources fund in the state treasury.
29.14The following revenue shall be deposited in the account:
29.15(1) contributions to the account or specified for any purposes of the account;
29.16(2) financial contributions required under section 84.66, subdivision 11, or other
29.17applicable law; and
29.18(3) money appropriated or transferred for the purposes described in subdivision 2.
29.19Interest earned on money in the account accrues to the account.
29.20 Subd. 2. Appropriation; purposes of account. Money in the forests for the future
29.21conservation easement account is appropriated annually to the commissioner of natural
29.22resources and may be spent only to cover the costs of managing forests for the future
29.23conservation easements held by the Department of Natural Resources, including costs
29.24incurred from monitoring, landowner contracts, record keeping, processing landowner
29.25notices, requests for approval or amendments, and enforcement.
29.26EFFECTIVE DATE.This section is effective the day following final enactment.
29.27 Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
29.28to read:
29.29 Subd. 1a. Outdoor heritage land management account. An outdoor heritage
29.30land management account is created as an account in the special revenue fund. The
29.31State Board of Investment shall ensure the account is invested under section 11A.24.
29.32The commissioner of management and budget shall credit to the account all money
29.33appropriated to the account and all money earned by the account. The principal of the
30.1account and any unexpended earnings must be invested and reinvested by the State Board
30.2of Investment. Nothing in this section limits the source of contributions to the account.
30.3No more than five and one-half percent of the market value of the account as of June 30
30.4of the prior fiscal year is appropriated to the commissioner of natural resources to pay
30.5for future restoration and enhancement of lands purchased in fee with monies from the
30.6outdoor heritage fund and held by the state.
30.7 Sec. 5. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
30.8to read:
30.9 Subd. 1b. Definitions. For the purpose of appropriations from the outdoor heritage
30.10fund, "recipient" means the entity responsible for deliverables financed by the outdoor
30.11heritage fund.
30.12EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
30.13 Sec. 6. Minnesota Statutes 2010, section 97A.056, subdivision 2, is amended to read:
30.14 Subd. 2. Lessard-Sams Outdoor Heritage Council. (a) The Lessard-Sams
30.15Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of:
30.16 (1) two public members appointed by the senate Subcommittee on Committees of
30.17the Committee on Rules and Administration;
30.18 (2) two public members appointed by the speaker of the house;
30.19 (3) four public members appointed by the governor;
30.20 (4) two members of the senate appointed by the senate Subcommittee on Committees
30.21of the Committee on Rules and Administration; and
30.22 (5) two members of the house of representatives appointed by the speaker of the
30.23house.
30.24 (b) Members appointed under paragraph (a) must not be registered lobbyists.
30.25In making appointments, the governor, senate Subcommittee on Committees of the
30.26Committee on Rules and Administration, and the speaker of the house shall consider
30.27geographic balance, gender, age, ethnicity, and varying interests including hunting and
30.28fishing. The governor's appointments to the council are subject to the advice and consent
30.29of the senate.
30.30 (c) Public members appointed under paragraph (a) shall have practical experience
30.31or expertise or demonstrated knowledge in the science, policy, or practice of restoring,
30.32protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
30.33wildlife.
31.1 (d) Legislative members appointed under paragraph (a) shall include the chairs
31.2of the legislative committees with jurisdiction over environment and natural resources
31.3finance or their designee, one member from the minority party of the senate, and one
31.4member from the minority party of the house of representatives.
31.5 (e) Public members serve four-year terms
31.6at the pleasure of the appointing authority. Public and legislative members continue to
31.7serve until their successors are appointed. Public members shall be initially appointed
31.8according to the following schedule of terms:
31.9 (1) two public members appointed by the governor for a term ending the first
31.10Monday in January 2011;
31.11 (2) one public member appointed by the senate Subcommittee on Committees of the
31.12Committee on Rules and Administration for a term ending the first Monday in January
31.132011;
31.14 (3) one public member appointed by the speaker of the house for a term ending
31.15the first Monday in January 2011;
31.16 (4) two public members appointed by the governor for a term ending the first
31.17Monday in January 2013;
31.18 (5) one public member appointed by the senate Subcommittee on Committees of the
31.19Committee on Rules and Administration for a term ending the first Monday in January
31.202013; and
31.21 (6) one public member appointed by the speaker of the house for a term ending the
31.22first Monday in January 2013
31.23
31.24
31.25
31.26
31.27 (f) Compensation and removal of public members are as provided in section
31.29remainder of the unexpired term.
31.30 (g) The first meeting of the council shall be convened by the chair of the Legislative
31.31Coordinating Commission no later than December 1, 2008. Members shall elect a chair,
31.32vice-chair, secretary, and other officers as determined by the council. The chair may
31.33convene meetings as necessary to conduct the duties prescribed by this section.
31.34 (h) Upon coordination with and approval by the Legislative Coordinating
31.35Commission, the council may appoint nonpartisan staff and contract with consultants
31.36as necessary to carry out the functions of the council. Up to one percent of the money
32.1appropriated from the fund may be used to pay for administrative expenses of the council
32.2and for compensation and expense reimbursement of council members.
32.3 Sec. 7. Minnesota Statutes 2010, section 97A.056, subdivision 3, is amended to read:
32.4 Subd. 3. Council recommendations. (a) The council shall make recommendations
32.5to the legislature on appropriations of money from the outdoor heritage fund that are
32.6consistent with the Constitution and state law and that will achieve the outcomes of
32.7existing natural resource plans, including, but not limited to, the Minnesota Statewide
32.8Conservation and Preservation Plan, that directly relate to the restoration, protection, and
32.9enhancement of wetlands, prairies, forests, and habitat for fish, game, and wildlife, and that
32.10prevent forest fragmentation, encourage forest consolidation, and expand restored native
32.11prairie. In making recommendations, the council shall consider a range of options that
32.12would best restore, protect, and enhance wetlands, prairies, forests, and habitat for fish,
32.13game, and wildlife, and shall not adopt definitions of "restore", "protect", or "enhance" that
32.14would limit the council from considering options that are consistent with the Constitution.
32.15The council shall consider prevention measures to protect fish from aquatic invasive
32.16species consistent with the Constitution, in order to protect habitat for fish. The council
32.17shall submit its
32.18
32.19council shall present its recommendations to the senate and house of representatives
32.20committees with jurisdiction over the environment and natural resources budget by
32.21February 15 in odd-numbered years, and within the first four weeks of the legislative
32.22session in even-numbered years. The council's budget recommendations to the legislature
32.23shall be separate from the Department of Natural Resource's budget recommendations.
32.24 (b) To encourage and support local conservation efforts, the council shall establish a
32.25conservation partners program. Local, regional, state, or national organizations may apply
32.26for matching grants for restoration, protection, and enhancement of wetlands, prairies,
32.27forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation,
32.28encouragement of forest consolidation, and expansion of restored native prairie.
32.29 (c) The council may work with the Clean Water Council to identify projects that
32.30are consistent with both the purpose of the outdoor heritage fund and the purpose of
32.31the clean water fund.
32.32 (d) The council may make recommendations to the Legislative-Citizen Commission
32.33on Minnesota Resources on scientific research that will assist in restoring, protecting, and
32.34enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing
33.1forest fragmentation, encouraging forest consolidation, and expanding restored native
33.2prairie.
33.3 (e) Recommendations of the council, including approval of recommendations for the
33.4outdoor heritage fund, require an affirmative vote of at least nine members of the council.
33.5(f) The council may work with the Clean Water Council, the Legislative-Citizen
33.6Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and
33.7water conservation districts, and experts from Minnesota State Colleges and Universities
33.8and the University of Minnesota in developing the council's recommendations.
33.9(g) The council shall develop and implement a process that ensures that citizens
33.10and potential recipients of funds are included throughout the process, including the
33.11development and finalization of the council's recommendations. The process must include
33.12a fair, equitable, and thorough process for reviewing requests for funding and a clear and
33.13easily understood process for ranking projects.
33.14(h) The council shall use the regions of the state based upon the ecological
33.15regions and subregions developed by the Department of Natural Resources and establish
33.16objectives for each region and subregion to achieve the purposes of the fund outlined
33.17in the state constitution.
33.18(i) The council shall develop and submit to the Legislative Coordinating Commission
33.19plans for the first ten years of funding, and a framework for 25 years of funding, consistent
33.20with statutory and constitutional requirements. The council may use existing plans from
33.21other legislative, state, and federal sources, as applicable.
33.22 Sec. 8. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
33.23to read:
33.24 Subd. 11. Commissioner approval; acquisitions. The commissioner must agree in
33.25writing to each proposed acquisition of land or interest in land, including an easement,
33.26purchased with an appropriation from the outdoor heritage fund that is intended to be
33.27transferred to the commissioner. Prior to signing the written agreement, the commissioner
33.28must determine that the acquisition meets the Department of Natural Resources' precision
33.29acquisition goals.
33.30 Sec. 9. Laws 2009, chapter 172, article 1, section 2, subdivision 3, is amended to read:
| 33.31 |
Subd. 3.Forests |
18,000,000 |
18,000,000 |
||||
33.33$18,000,000 in fiscal year 2011 are to the
33.34commissioner of natural resources to acquire
34.1land or permanent working forest easements
34.2on private forests in areas identified through
34.3the Minnesota forests for the future program
34.4under Minnesota Statutes, section
34.5Up to $750,000 in fiscal year 2011 may
34.6be transferred to the forests for the future
34.7conservation easement account and used
34.8for the purposes specified under Minnesota
34.9Statutes, section 84.68, subdivision 2.
34.10Priority must be given to acquiring land
34.11or interests in private lands within existing
34.12Minnesota state forest boundaries. Any
34.13easements acquired must have a forest
34.14management plan as defined in Minnesota
34.15Statutes, section
34.16A list of proposed fee title and easement
34.17acquisitions must be provided as part of the
34.18required accomplishment plan.
34.19
34.20
34.21
34.22
34.23
34.24
34.25 Sec. 10. Laws 2009, chapter 172, article 1, section 2, subdivision 15, is amended to
34.26read:
| 34.27 |
Subd. 15.Real Property Interest Report |
||||||
34.29money appropriated under this section that
34.30is used for the acquisition of an interest in
34.31real property, including but not limited to
34.32an easement or fee title, must submit annual
34.33reports on the status of the real property to
34.34the Lessard Outdoor Heritage Council or
35.1its successor in a form determined by the
35.2council. The responsibility for reporting
35.3under this section may be transferred by
35.4the recipient of the appropriation to another
35.5person or entity that holds the interest in the
35.6real property. To complete the transfer of
35.7reporting responsibility, the recipient of the
35.8appropriation must:
35.9(1) inform the person to whom the
35.10responsibility is transferred of that person's
35.11reporting responsibility;
35.12(2) inform the person to whom the
35.13responsibility is transferred of the property
35.14restrictions under subdivision 14; and
35.15(3) provide written notice to the council
35.16of the transfer of reporting responsibility,
35.17including contact information for the person
35.18to whom the responsibility is transferred.
35.19
35.20
35.21
35.22
35.23
35.24After the transfer, the person or entity that
35.25holds the interest in the real property is
35.26responsible for reporting requirements under
35.27this section.
35.28 Sec. 11. Laws 2010, chapter 361, article 1, section 2, subdivision 14, is amended to
35.29read:
| 35.30 |
Subd. 14.Real Property Interest Report |
||||||
35.32money appropriated under this section that
35.33is used for the acquisition of an interest in
35.34real property, including, but not limited to,
36.1an easement or fee title, must submit annual
36.2reports on the status of the real property to
36.3the Lessard-Sams Outdoor Heritage Council
36.4or its successor in a form determined by the
36.5council. The responsibility for reporting
36.6under this section may be transferred by
36.7the recipient of the appropriation to another
36.8person or entity that holds the interest in the
36.9real property. To complete the transfer of
36.10reporting responsibility, the recipient of the
36.11appropriation must: (1) inform the person
36.12to whom the responsibility is transferred of
36.13that person's reporting responsibility; (2)
36.14inform the person to whom the responsibility
36.15is transferred of the property restrictions
36.16under subdivision 13; and (3) provide written
36.17notice to the council of the transfer of
36.18reporting responsibility, including contact
36.19information for the person to whom the
36.20responsibility is transferred
36.21
36.22
36.23
36.24
36.25
36.26
36.27
36.28or entity that holds the interest in the
36.29real property is responsible for reporting
36.30requirements under this section.
36.31 Sec. 12. REPEALER.
36.32Minnesota Statutes 2010, section 84.02, subdivisions 1, 2, 3, 4, 6, 7, and 8, are
36.33repealed.
| 37.3 |
Section 1. CLEAN WATER FUND APPROPRIATIONS. |
||||||
37.5agencies and for the purposes specified in this article. The appropriations are from the
37.6clean water fund, and are available for the fiscal years indicated for allowable activities
37.7under the Minnesota Constitution, article XI, section 15. "The first year" is fiscal year
37.82012. "The second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and
37.92013. The appropriations in this article are onetime.
| 37.10 |
APPROPRIATIONS |
||||||
| 37.11 |
Available for the Year |
||||||
| 37.12 |
Ending June 30 |
||||||
| 37.13 |
2012 |
2013 |
|||||
| 37.14 |
Sec. 2. CLEAN WATER |
||||||
| 37.15 |
Subdivision 1.Total Appropriation |
$ |
89,906,000 |
$ |
88,454,000 |
||
37.17purpose are specified in the following
37.18sections.
| 37.19 |
Subd. 2.Availability of Appropriation |
||||||
37.21not be spent on activities unless they are
37.22directly related to and necessary for a specific
37.23appropriation. Money appropriated in this
37.24article must not be spent on indirect costs
37.25or other institutional overhead charges that
37.26are not directly related to and necessary for
37.27a specific appropriation. Notwithstanding
37.28Minnesota Statutes, section 16A.28, and
37.29unless otherwise specified in this article,
37.30fiscal year 2012 appropriations are available
37.31until June 30, 2013, and fiscal year 2013
37.32appropriations are available until June 30,
37.332014. If a project receives federal funds, the
38.1time period of the appropriation is extended
38.2to equal the availability of federal funding.
| 38.3 |
Sec. 3. DEPARTMENT OF AGRICULTURE |
$ |
8,200,000 |
$ |
8,200,000 |
||
38.5second year are to increase monitoring for
38.6pesticides and pesticide degradates in surface
38.7water and groundwater and to use data
38.8collected to assess pesticide use practices.
38.9(b) $850,000 the first year and $850,000
38.10the second year are to increase monitoring
38.11and evaluate trends in the concentration of
38.12nitrates in groundwater in high-risk areas
38.13and regionally and to promote and evaluate
38.14regional and crop-specific nutrient best
38.15management practices. This appropriation is
38.16available until spent.
38.17(c) $5,000,000 the first year and $5,000,000
38.18the second year are for the agriculture best
38.19management practices loan program. At
38.20least $4,000,000 the first year and at least
38.21$4,400,000 the second year are for transfer to
38.22the clean water agricultural best management
38.23practices loan account and are available
38.24for pass-through to local governments
38.25and lenders for low-interest loans. Any
38.26unencumbered balance that is not used for
38.27pass-through to local governments does not
38.28cancel at the end of the first year and is
38.29available for the second year.
38.30(d) $700,000 the first year and $700,000
38.31the second year are for pilot projects
38.32and technical assistance on proper
38.33implementation of best management
38.34practices for nonpoint contributions to
39.1impaired waters. This appropriation is
39.2available until spent.
39.3(e) $1,050,000 the first year and $1,050,000
39.4the second year are for research to quantify
39.5agricultural contributions to impaired waters
39.6and for development and evaluation of
39.7best management practices to protect and
39.8restore water resources while maintaining
39.9productivity. This appropriation is available
39.10until spent.
39.11(f) $250,000 the first year and $250,000 the
39.12second year are for a research inventory
39.13database containing water-related research
39.14activities that have been publicly funded.
| 39.15 |
Sec. 4. PUBLIC FACILITIES AUTHORITY |
$ |
16,710,000 |
$ |
16,710,000 |
||
39.17the second year are for the total maximum
39.18daily load (TMDL) grant program under
39.19Minnesota Statutes, section 446A.073. This
39.20appropriation is available until spent.
39.21(b) $4,275,000 the first year and $4,275,000
39.22the second year are for the clean water legacy
39.23phosphorus reduction grant program under
39.24Minnesota Statutes, section 446A.074. This
39.25appropriation is available until spent.
39.26(c) $1,250,000 the first year and $1,250,000
39.27the second year are for small community
39.28wastewater treatment grants and loans under
39.29Minnesota Statutes, section 446A.075. This
39.30appropriation is available until spent.
39.31(d) If there are any uncommitted funds at the
39.32end of each fiscal year under paragraph (a),
39.33(b), or (c), the Public Facilities Authority
39.34may transfer the remaining funds to eligible
40.1projects under any of the programs listed
40.2under this section, based on their priority
40.3rank on the Pollution Control Agency's
40.4project priority list.
| 40.5 |
Sec. 5. POLLUTION CONTROL AGENCY |
$ |
23,100,000 |
$ |
22,600,000 |
||
40.7the second year are for completion of 20
40.8percent of the needed statewide assessments
40.9of surface water quality and trends. Of
40.10this amount, $100,000 the first year and
40.11$100,000 the second year are for grants
40.12to the Red River Watershed Management
40.13Board to enhance and expand the existing
40.14water quality and watershed monitoring river
40.15watch activities in the schools in the Red
40.16River of the North. The Red River Watershed
40.17Management Board shall provide a report to
40.18the commissioner of the Pollution Control
40.19Agency and the legislative committees and
40.20divisions with jurisdiction over environment
40.21and natural resources finance and policy and
40.22the clean water fund by February 15, 2013,
40.23on the expenditure of these funds.
40.24(b) $9,400,000 the first year and $9,400,000
40.25the second year are to develop total maximum
40.26daily load (TMDL) studies and TMDL
40.27implementation plans for waters listed on
40.28the United States Environmental Protection
40.29Agency approved impaired waters list in
40.30accordance with Minnesota Statutes, chapter
40.31114D. The agency shall complete an average
40.32of ten percent of the TMDL's each year over
40.33the biennium.
40.34(c) $1,125,000 the first year and $1,125,000
40.35the second year are for groundwater
41.1assessment, including enhancing the
41.2ambient monitoring network, modeling,
41.3and continuing to monitor for and assess
41.4contaminants of emerging concern.
41.5(d) $750,000 the first year and $750,000
41.6the second year are for water quality
41.7improvement in the lower St. Louis River
41.8and Duluth harbor. This appropriation must
41.9be matched by a rate of 65 percent nonstate
41.10funds to 35 percent state funds.
41.11(e) $1,250,000 the first year and $1,250,000
41.12the second year are for the clean water
41.13partnership program to provide grants
41.14to protect and improve the basins and
41.15watersheds of the state and provide financial
41.16and technical assistance to study waters
41.17with nonpoint source pollution problems.
41.18Priority shall be given to projects preventing
41.19impairments and degradation of lakes, rivers,
41.20streams, and groundwater in accordance
41.21with Minnesota Statutes, section 114D.20,
41.22subdivision 2, clause (4). Any balance
41.23remaining in the first year does not cancel
41.24and is available for the second year.
41.25(f) $400,000 the first year and $400,000 the
41.26second year are for storm water research and
41.27guidance.
41.28(g) $1,150,000 the first year and $1,150,000
41.29the second year are for TMDL research and
41.30database development.
41.31(h) $800,000 the first year and $800,000
41.32the second year are for national pollutant
41.33discharge elimination system wastewater and
41.34storm water TMDL implementation efforts.
42.1(i) $225,000 the first year and $225,000
42.2the second year are transferred to the
42.3commissioner of administration for the
42.4Environmental Quality Board in cooperation
42.5with the United States Geological Survey
42.6to characterize groundwater flow and
42.7aquifer properties in the I-94 corridor in
42.8cooperation with local units of government.
42.9This appropriation is available until June 30,
42.102014.
42.11(j) $500,000 the first year is for a wild rice
42.12standards study.
42.13Notwithstanding Minnesota Statutes, section
42.1416A.28, the appropriations encumbered on or
42.15before June 30, 2013, as grants or contracts in
42.16this section are available until June 30, 2016.
| 42.17 42.18 |
Sec. 6. DEPARTMENT OF NATURAL RESOURCES |
$ |
10,860,000 |
$ |
9,860,000 |
||
42.20the second year are for the continuation and
42.21expansion of stream flow monitoring.
42.22(b) $1,150,000 the first year and $1,150,000
42.23the second year are for lake Index of
42.24Biological Integrity (IBI) assessments,
42.25including assessment of 400 additional lakes
42.26and technical analysis to develop an aquatic
42.27plant IBI analysis. The commissioner shall
42.28work with the commissioner of the Pollution
42.29Control Agency on the development of an
42.30assessment tool.
42.31(c) $130,000 the first year and $130,000
42.32the second year are for assessing mercury
42.33contamination of fish, including monitoring
42.34to track the status of waters impaired by
43.1mercury and mercury reduction efforts over
43.2time.
43.3(d) $1,730,000 the first year and $1,730,000
43.4the second year are for TMDL development
43.5and TMDL implementation plans for waters
43.6listed on the United States Environmental
43.7Protection Agency approved impaired waters
43.8list in accordance with Minnesota Statutes,
43.9chapter 114D, and for development of a
43.10watershed assessment tool.
43.11(e) $1,500,000 the first year and $1,500,000
43.12the second year are for water supply
43.13planning, aquifer protection, and monitoring
43.14activities.
43.15(f) $450,000 the first year and $450,000 the
43.16second year are for establishing a Web-based
43.17electronic permitting system to capture water
43.18appropriation use information.
43.19(g) $1,725,000 the first year and $1,725,000
43.20the second year are for shoreland
43.21stewardship, TMDL implementation
43.22coordination, providing technical assistance
43.23to the Drainage Work Group and Drainage
43.24Management Team, and maintaining and
43.25updating data. Of this amount, $235,000
43.26each year is for maintaining and updating
43.27watershed boundaries and integrating
43.28high-resolution digital elevation data with
43.29watershed modeling and $40,000 each year
43.30is for a biomonitoring database. TMDL
43.31implementation coordination efforts shall be
43.32focused on major watersheds with TMDL
43.33implementation plans, including forested
43.34watersheds.
44.1(h) $1,350,000 the first year and $1,350,000
44.2the second year are to acquire and distribute
44.3high-resolution digital elevation data using
44.4light detection and ranging to aid with
44.5impaired waters modeling and TMDL
44.6implementation under Minnesota Statutes,
44.7chapter 114D. The money shall be used to
44.8collect data for areas of the state that have
44.9not acquired such data prior to January
44.101, 2007, or to complete acquisition and
44.11distribution of the data for those areas of
44.12the state that have not previously received
44.13state funds for acquiring and distributing the
44.14data. The distribution of data acquired under
44.15this paragraph must be conducted under
44.16the auspices of the Minnesota Geospatial
44.17Information Office, which shall receive up
44.18to 2.5 percent of the appropriation in this
44.19paragraph to support coordination of data
44.20acquisition and distribution. Mapping and
44.21data set distribution under this paragraph
44.22must be completed within three years of
44.23funds availability. The commissioner shall
44.24utilize department staff whenever possible.
44.25The commissioner may contract for services
44.26only if the services cannot otherwise be
44.27provided by the department.
44.28(i) $1,000,000 the first year is for
44.29implementation of the metropolitan
44.30groundwater monitoring and protection
44.31activities under Minnesota Laws 2010,
44.32chapter 361, article 2, section 4, subdivision
44.332.
| 44.34 44.35 |
Sec. 7. BOARD OF WATER AND SOIL RESOURCES |
$ |
27,534,000 |
$ |
27,534,000 |
||
45.2$13,750,000 the second year are for
45.3pollution reduction and restoration grants
45.4to local government units and joint powers
45.5organizations of local government units to
45.6protect surface water and drinking water; to
45.7keep water on the land; to protect, enhance,
45.8and restore water quality in lakes, rivers,
45.9and streams; and to protect groundwater
45.10and drinking water, including feedlot water
45.11quality and subsurface sewage treatment
45.12system (SSTS) projects and stream bank,
45.13stream channel, and shoreline restoration
45.14projects. The projects must be of long-lasting
45.15public benefit, include a match, and be
45.16consistent with TMDL implementation plans
45.17or local water management plans.
45.18(b) $3,000,000 the first year and $3,000,000
45.19the second year are for targeted local
45.20resource protection and enhancement grants.
45.21The board shall give priority consideration
45.22to projects and practices that complement,
45.23supplement, or exceed current state standards
45.24for protection, enhancement, and restoration
45.25of water quality in lakes, rivers, and streams
45.26or that protect groundwater from degradation.
45.27Of this amount, at least $1,500,000 each year
45.28is for SSTS county implementation.
45.29(c) $900,000 the first year and $900,000 the
45.30second year are to provide state oversight
45.31and accountability, evaluate results, and
45.32measure the value of conservation program
45.33implementation by local governments,
45.34including submission to the legislature
45.35by March 1 each year an annual report
45.36prepared by the board, in consultation with
46.1the commissioners of natural resources,
46.2health, agriculture, and the Pollution Control
46.3Agency, detailing the recipients and projects
46.4funded under this section. The board shall
46.5require grantees to specify the outcomes that
46.6will be achieved by the grants prior to any
46.7grant awards.
46.8(d) $1,000,000 the first year and $1,000,000
46.9the second year are for technical assistance
46.10and grants for the conservation drainage
46.11program in consultation with the Drainage
46.12Work Group that consists of projects to
46.13retrofit existing drainage systems with
46.14water quality improvement practices,
46.15evaluate outcomes, and provide outreach
46.16to landowners, public drainage authorities,
46.17drainage engineers and contractors, and
46.18others.
46.19(e) $6,000,000 the first year and $6,000,000
46.20the second year are to purchase and restore
46.21permanent conservation easements on
46.22riparian buffers adjacent to public waters,
46.23excluding wetlands, to keep water on the
46.24land in order to decrease sediment, pollutant,
46.25and nutrient transport; reduce hydrologic
46.26impacts to surface waters; and increase
46.27infiltration for groundwater recharge. The
46.28riparian buffers must be at least 50 feet
46.29unless there is a natural impediment, a road,
46.30or other impediment beyond the control
46.31of the landowner. This appropriation may
46.32be used for restoration of riparian buffers
46.33protected by easements purchased with
46.34this appropriation and for stream bank
46.35restorations when the riparian buffers have
46.36been restored.
47.1(f) $1,300,000 the first year and $1,300,000
47.2the second year are for permanent
47.3conservation easements on wellhead
47.4protection areas under Minnesota Statutes,
47.5section 103F.515, subdivision 2, paragraph
47.6(d). Priority must be placed on land that
47.7is located where the vulnerability of the
47.8drinking water supply is designated as high
47.9or very high by the commissioner of health.
47.10(g) $1,500,000 the first year and $1,500,000
47.11the second year are for community partners
47.12grants to local units of government for:
47.13(1) structural or vegetative management
47.14practices that reduce storm water runoff
47.15from developed or disturbed lands to reduce
47.16the movement of sediment, nutrients, and
47.17pollutants for restoration, protection, or
47.18enhancement of water quality in lakes, rivers,
47.19and streams and to protect groundwater
47.20and drinking water; and (2) installation
47.21of proven and effective water retention
47.22practices including, but not limited to, rain
47.23gardens and other vegetated infiltration
47.24basins and sediment control basins in order
47.25to keep water on the land. The projects
47.26must be of long-lasting public benefit,
47.27include a local match, and be consistent with
47.28TMDL implementation plans or local water
47.29management plans. Local government unit
47.30staff and administration costs may be used
47.31as a match.
47.32(h) $84,000 the first year and $84,000 the
47.33second year are for a technical assistance
47.34panel to conduct up to ten restoration audits
47.35under Minnesota Statutes, section 114D.50,
47.36subdivision 6.
48.1(i) The board shall contract for services
48.2with Conservation Corps Minnesota for
48.3restoration, maintenance, and other activities
48.4under this section for $500,000 the first year
48.5and $500,000 the second year.
48.6(j) The board may shift grant or cost-share
48.7funds in this section and may adjust the
48.8technical and administrative assistance
48.9portion of the funds to leverage federal or
48.10other nonstate funds or to address oversight
48.11responsibilities or high-priority needs
48.12identified in local water management plans.
48.13(k) The appropriations in this section are
48.14available until spent.
| 48.15 |
Sec. 8. DEPARTMENT OF HEALTH |
$ |
2,988,000 |
$ |
3,050,000 |
||
48.17the second year are for addressing public
48.18health concerns related to contaminants
48.19found in Minnesota drinking water for which
48.20no health-based drinking water standard
48.21exists.
48.22(b) $1,415,000 the first year and $1,415,000
48.23the second year are for protection of drinking
48.24water sources.
48.25(c) $250,000 the first year and $250,000 the
48.26second year are for cost-share assistance to
48.27public and private well owners for up to 50
48.28percent of the cost of sealing unused wells.
48.29(d) $303,000 the first year and $365,000 the
48.30second year are to expand the county well
48.31index.
| 48.32 |
Sec. 9. METROPOLITAN COUNCIL |
$ |
500,000 |
$ |
500,000 |
||
49.2second year are for implementation of the
49.3master water supply plan developed under
49.4Minnesota Statutes, section 473.1565.
| 49.5 |
Sec. 10. LEGISLATURE |
$ |
14,000 |
$ |
-0- |
||
49.7Coordinating Commission for the costs of
49.8developing and implementing a Web site to
49.9contain information on projects receiving
49.10appropriations from the clean water fund and
49.11other constitutionally dedicated funds.
| 49.12 |
Sec. 11. CARRYFORWARD |
||||||
49.14172, article 2, section 4, paragraph (g), as
49.15amended by Laws 2010, chapter 361, article
49.162, section 2, are available until June 30,
49.172013, and may be spent to continue research
49.18and testing on the potential for coal tar
49.19contamination of waters, on the study of
49.20treatment and disposal options, and for grants
49.21to local units of government.
49.22(b) The appropriation in Laws 2010, chapter
49.23361, article 2, section 4, subdivision 1, for
49.24nitrogen and nitrate water quality standards
49.25rulemaking is available until June 30, 2012.
49.26(c) The appropriations in Laws 2009, chapter
49.27172, article 2, section 4, paragraph (a),
49.28as amended by Laws 2010, chapter 361,
49.29article 2, section 2, for total maximum
49.30daily load (TMDL) study development and
49.31implementation are available until June 30,
49.322014.
50.1(d) The appropriations in Laws 2009, chapter
50.2172, article 2, section 2, paragraph (d),
50.3for research and pilot projects related to
50.4ways agricultural practices contribute to
50.5restoring impaired waters and assist with the
50.6development of TMDL plans, are available
50.7until spent.
50.8 Sec. 12. Minnesota Statutes 2010, section 114D.10, is amended to read:
50.9114D.10 LEGISLATIVE PURPOSE AND FINDINGS.
50.10 Subdivision 1. Purpose. The purpose of the Clean Water Legacy Act is to protect,
50.11enhance, and restore
50.12lakes, rivers, and streams and to protect groundwater from degradation, by providing
50.13authority, direction, and resources to achieve and maintain water quality standards for
50.14groundwater and surface waters
50.15of the federal Clean Water Act, United States Code, title 33, section 1313(d), and other
50.16applicable state and federal regulations.
50.17 Subd. 2. Findings. The legislature finds that:
50.18(1) there is a close link between protecting, enhancing, and restoring
50.19the quality of Minnesota's groundwater and surface waters and the ability to develop the
50.20state's economy, enhance its quality of life, and protect its human and natural resources;
50.21(2) achieving the state's water quality goals will require long-term commitment and
50.22cooperation by all state and local agencies, and other public and private organizations
50.23and individuals, with responsibility and authority for water management, planning, and
50.24protection; and
50.25(3) all persons and organizations whose activities affect the quality of waters,
50.26including point and nonpoint sources of pollution, have a responsibility to participate in
50.27and support efforts to achieve the state's water quality goals.
50.28 Sec. 13. Minnesota Statutes 2010, section 114D.20, subdivision 1, is amended to read:
50.29 Subdivision 1. Coordination and cooperation. In implementing this chapter,
50.30public agencies and private entities shall take into consideration the relevant provisions of
50.31local and other applicable water management, conservation, land use, land management,
50.32and development plans and programs. Public agencies with authority for local water
50.33management, conservation, land use, land management, and development plans shall
50.34take into consideration the manner in which their plans affect the implementation of
51.1this chapter. Public agencies shall identify opportunities to participate and assist in the
51.2successful implementation of this chapter, including the funding or technical assistance
51.3needs, if any, that may be necessary. In implementing this chapter, public agencies shall
51.4endeavor to engage the cooperation of organizations and individuals whose activities
51.5affect the quality of groundwater or surface waters, including point and nonpoint sources
51.6of pollution, and who have authority and responsibility for water management, planning,
51.7and protection. To the extent practicable, public agencies shall endeavor to enter into
51.8formal and informal agreements and arrangements with federal agencies and departments
51.9to jointly utilize staff and educational, technical, and financial resources to deliver
51.10programs or conduct activities to achieve the intent of this chapter, including efforts
51.11under the federal Clean Water Act and other federal farm and soil and water conservation
51.12programs. Nothing in this chapter affects the application of silvicultural exemptions under
51.13any federal, state, or local law or requires silvicultural practices more stringent than those
51.14recommended in the timber harvesting and forest management guidelines adopted by the
51.15Minnesota Forest Resources Council under section
51.16 Sec. 14. Minnesota Statutes 2010, section 114D.20, subdivision 2, is amended to read:
51.17 Subd. 2. Goals for implementation. The following goals must guide the
51.18implementation of this chapter:
51.19(1) to identify impaired waters in accordance with federal TMDL requirements
51.20within ten years after the effective date of this section and thereafter to ensure continuing
51.21evaluation of surface waters for impairments;
51.22(2) to submit TMDL's to the United States Environmental Protection Agency for all
51.23impaired waters in a timely manner in accordance with federal TMDL requirements;
51.24(3) to set a reasonable time for implementing restoration of each identified impaired
51.25water;
51.26(4) to provide assistance and incentives to prevent waters from becoming impaired
51.27and to improve the quality of waters that are listed as impaired but do not have an
51.28approved TMDL addressing the impairment;
51.29(5) to promptly seek the delisting of waters from the impaired waters list when those
51.30waters are shown to achieve the designated uses applicable to the waters;
51.31(6) to achieve compliance with federal Clean Water Act requirements in Minnesota
51.32(7) to support effective measures to prevent the degradation of groundwater
51.33according to the groundwater degradation prevention goal under section 103H.001; and
51.34(8) to support effective measures to restore degraded groundwater.
52.1 Sec. 15. Minnesota Statutes 2010, section 114D.20, subdivision 3, is amended to read:
52.2 Subd. 3. Implementation policies. The following policies must guide the
52.3implementation of this chapter:
52.4(1) develop regional and watershed TMDL's and TMDL implementation plans, and
52.5TMDL's and TMDL implementation plans for multiple pollutants, where reasonable and
52.6feasible;
52.7(2) maximize use of available organizational, technical, and financial resources to
52.8perform sampling, monitoring, and other activities to identify degraded groundwater and
52.9impaired waters, including use of citizen monitoring and citizen monitoring data used
52.10by the Pollution Control Agency in assessing water quality
52.11requirements in Appendix D of the Volunteer Surface Water Monitoring Guide, Minnesota
52.12Pollution Control Agency (2003);
52.13(3) maximize opportunities for restoration of degraded groundwater and impaired
52.14waters, by prioritizing and targeting of available programmatic, financial, and technical
52.15resources and by providing additional state resources to complement and leverage
52.16available resources;
52.17(4) use existing regulatory authorities to achieve restoration for point and nonpoint
52.18sources of pollution where applicable, and promote the development and use of effective
52.19nonregulatory measures to address pollution sources for which regulations are not
52.20applicable;
52.21(5) use restoration methods that have a demonstrated effectiveness in reducing
52.22impairments and provide the greatest long-term positive impact on water quality protection
52.23and improvement and related conservation benefits while incorporating innovative
52.24approaches on a case-by-case basis;
52.25(6) identify for the legislature any innovative approaches that may strengthen or
52.26complement existing programs;
52.27(7) identify and encourage implementation of measures to prevent surface waters
52.28from becoming impaired and to improve the quality of waters that are listed as impaired
52.29but have no approved TMDL addressing the impairment using the best available data and
52.30technology, and establish and report outcome-based performance measures that monitor
52.31the progress and effectiveness of protection and restoration measures;
52.32(8) monitor and enforce cost-sharing contracts and impose monetary damages in an
52.33amount up to 150 percent of the financial assistance received for failure to comply
52.34(9) identify and encourage implementation of measures to prevent groundwater from
52.35becoming degraded and measures that restore groundwater resources.
53.1 Sec. 16. Minnesota Statutes 2010, section 114D.20, subdivision 6, is amended to read:
53.2 Subd. 6. Priorities for restoration of impaired waters. In implementing
53.3restoration of impaired waters, in addition to the priority considerations in subdivision 5,
53.4the Clean Water Council shall give priority in its recommendations for restoration funding
53.5from the clean water
53.6(1) coordinate with and utilize existing local authorities and infrastructure for
53.7implementation;
53.8(2) can be implemented in whole or in part by providing support for existing or
53.9ongoing restoration efforts;
53.10(3) most effectively leverage other sources of restoration funding, including federal,
53.11state, local, and private sources of funds;
53.12(4) show a high potential for early restoration and delisting based upon scientific
53.13data developed through public agency or citizen monitoring or other means; and
53.14(5) show a high potential for long-term water quality and related conservation
53.15benefits.
53.16 Sec. 17. Minnesota Statutes 2010, section 114D.20, subdivision 7, is amended to read:
53.17 Subd. 7. Priorities for funding prevention actions. The Clean Water Council
53.18shall apply the priorities applicable under subdivision 6, as far as practicable, when
53.19recommending priorities for funding actions to prevent groundwater and surface waters
53.20from becoming degraded or impaired and to improve the quality of surface waters that are
53.21listed as impaired but do not have an approved TMDL.
53.22 Sec. 18. Minnesota Statutes 2010, section 114D.30, is amended to read:
53.23114D.30 CLEAN WATER COUNCIL.
53.24 Subdivision 1. Creation; duties. A Clean Water Council is created to advise on the
53.25administration and implementation of this chapter, and foster coordination and cooperation
53.26as described in section
53.27development of appropriate processes for expert scientific review as described in section
53.29support for the council with the support of other member agencies. The members of the
53.30council shall elect a chair from the
53.31 Subd. 2. Membership; appointment. (a) The commissioners of natural resources,
53.32agriculture, health, and the Pollution Control Agency, and the executive director of the
53.33Board of Water and Soil Resources shall each appoint one person from their respective
53.34agency to serve as a nonvoting member of the council.
54.1
54.2including one member from the majority party and one member from the minority party,
54.3appointed by the speaker and two senators, including one member from the majority
54.4party and one member from the minority party, appointed according to the rules of the
54.5senate shall serve at the pleasure of the appointing authority as nonvoting members of
54.6the council. Agency and legislative members appointed under this paragraph serve as
54.7nonvoting members of the council.
54.8(b) Nineteen
54.9by the governor as follows:
54.10(1) two members representing statewide farm organizations;
54.11(2) two members representing business organizations;
54.12(3) two members representing environmental organizations;
54.13(4) one member representing soil and water conservation districts;
54.14(5) one member representing watershed districts;
54.15(6) one member representing nonprofit organizations focused on improvement of
54.16Minnesota lakes or streams;
54.17(7) two members representing organizations of county governments, one member
54.18representing the interests of rural counties and one member representing the interests of
54.19counties in the seven-county metropolitan area;
54.20(8) two members representing organizations of city governments;
54.21(9) one member representing the Metropolitan Council established under section
54.23(10) one member representing township
54.24(11) one member representing the interests of tribal governments;
54.25(12) one member representing statewide hunting organizations;
54.26(13) one member representing the University of Minnesota or a Minnesota state
54.27university; and
54.28(14) one member representing statewide fishing organizations.
54.29Members appointed under
54.30lobbyists or legislators. In making appointments, the governor must attempt to provide for
54.31geographic balance. The members of the council appointed by the governor are subject
54.32to the advice and consent of the senate.
54.33 Subd. 3. Conflict of interest. A Clean Water Council member may not participate
54.34in or vote on a decision of the council relating to an organization in which the member has
54.35either a direct or indirect personal financial interest. While serving on the Clean Water
54.36Council, a member shall avoid any potential conflict of interest.
55.1 Subd. 4. Terms; compensation; removal.
55.2
55.3
55.4Metropolitan Council are four years and are coterminous with the governor. The terms
55.5of other nonlegislative members of the council shall be as provided in section
55.6subdivision 2. Members may serve until their successors are appointed and qualify.
55.7Compensation and removal of nonlegislative council members is as provided in section
55.9by the appointing authority. A vacancy on the council may be filled by the appointing
55.10authority provided in subdivision 1 for the remainder of the unexpired term.
55.11 Subd. 5. Implementation plan. The Clean Water Council shall recommend a plan
55.12for implementation of this chapter and the provisions of article XI, section 15, of the
55.13Minnesota Constitution relating to clean water. The recommended plan shall address
55.14general procedures and time frames for implementing this chapter, and shall include a more
55.15specific implementation work plan for the next fiscal biennium and a framework for setting
55.16priorities to address impaired waters consistent with section
55.17The council shall issue
55.18
55.19 Subd. 6. Recommendations on appropriation of funds. (a) The Clean Water
55.20Council shall recommend to the governor and the legislature the manner in which
55.21money from the clean water
55.22
55.23Minnesota Constitution and section 114D.50.
55.24(b) The council's recommendations must:
55.25(1) be to protect, enhance, and restore water quality in lakes, rivers, and streams and
55.26to protect groundwater from degradation and ensure that at least five percent of the clean
55.27water fund is spent only to protect drinking water sources;
55.28(2) be consistent with the purposes, policies, goals, and priorities in
55.29
55.30(3) allocate adequate support and resources to identify degraded groundwater and
55.31impaired waters, develop TMDL's, implement restoration of groundwater and impaired
55.32waters, and provide assistance and incentives to prevent groundwater and surface waters
55.33from becoming degraded or impaired and improve the quality of surface waters which are
55.34listed as impaired but have no approved TMDL.
55.35(c) The council must recommend methods of ensuring that awards of grants,
55.36loans, or other funds from the clean water
56.1to be achieved as a result of the funding and specify standards to hold the recipient
56.2accountable for achieving the desired outcomes. Expenditures from the
56.3be appropriated by law.
56.4 Subd. 7. Biennial report to legislature. By December 1 of each even-numbered
56.5year, the council shall submit a report to the legislature on the activities for which money
56.6has been or will be spent for the current biennium, the activities for which money is
56.7recommended to be spent in the next biennium, and the impact on economic development
56.8of the implementation of efforts to protect and restore groundwater and the impaired waters
56.9program. The report due on December 1, 2014, must include an evaluation of the progress
56.10made through June 30, 2014, in implementing this chapter and the provisions of article XI,
56.11section 15, of the Minnesota Constitution relating to clean water, the need for funding of
56.12future implementation
56.13 Sec. 19. Minnesota Statutes 2010, section 114D.35, is amended to read:
56.14114D.35 PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC
56.15REVIEW; EDUCATION.
56.16 Subdivision 1. Public and stakeholder participation. Public agencies and private
56.17entities involved in the implementation of this chapter shall encourage participation by
56.18the public and stakeholders, including local citizens, landowners and managers, and
56.19public and private organizations, in
56.20developing TMDL's,
56.21impaired waters, in identifying degraded groundwater, and in protecting and restoring
56.22groundwater resources. In particular, the Pollution Control Agency shall make reasonable
56.23efforts to provide timely information to the public and to stakeholders about impaired
56.24waters that have been identified by the agency. The agency shall seek broad and early
56.25public and stakeholder participation in scoping the activities necessary to develop a
56.26TMDL, including the scientific models, methods, and approaches to be used in TMDL
56.27development, and to implement restoration pursuant to section
56.28 Subd. 2. Expert scientific advice. The Clean Water Council and public agencies
56.29and private entities shall make use of available public and private expertise from
56.30educational, research, and technical organizations, including the University of Minnesota
56.31and other higher education institutions, to provide appropriate independent expert advice
56.32on models, methods, and approaches used in identifying degraded ground water and
56.33impaired waters, developing TMDL's, and implementing prevention and restoration.
56.34 Subd. 3. Education. The Clean Water Council shall develop strategies for
56.35informing, educating, and encouraging the participation of citizens, stakeholders,
57.1and others regarding the identification of impaired waters, development of TMDL's,
57.2development of TMDL implementation plans,
57.3impaired waters, identification of degraded groundwater, and protection and restoration
57.4of groundwater resources. Public agencies shall be responsible for implementing the
57.5strategies.
57.6 Sec. 20. Minnesota Statutes 2010, section 116.195, is amended to read:
57.7116.195 BENEFICIAL USE OF WASTEWATER AND STORM WATER;
57.8CAPITAL GRANTS FOR DEMONSTRATION PROJECTS.
57.9 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
57.10have the meanings given them.
57.11 (b) "Agency" means the Pollution Control Agency.
57.12 (c) "Beneficial use of wastewater or storm water" means:
57.13(1) use of the effluent from a wastewater treatment plant that replaces use of
57.14groundwater; or
57.15(2) use of storm water that replaces the use of groundwater.
57.16 (d) "Capital project" means the acquisition or betterment of public land, buildings,
57.17and other public improvements of a capital nature for the treatment of wastewater intended
57.18for beneficial use or for the use of storm water to replace groundwater use. Capital project
57.19includes projects to retrofit, expand, or construct new treatment facilities.
57.20 Subd. 2. Grants for capital project design. The agency shall make grant awards
57.21to political subdivisions for up to 50 percent of the costs to predesign and design capital
57.22projects that demonstrate the beneficial use of wastewater or storm water.
57.23
57.24that the predesign and design work being funded is public information and available to
57.25anyone without charge. The agency must make the predesign and design work available
57.26on its Web site.
57.27 Subd. 3. Grants for capital project implementation. The agency shall make grant
57.28awards to political subdivisions for up to 50 percent of the costs to acquire, construct,
57.29install, furnish, and equip capital projects that demonstrate the beneficial use of wastewater
57.30or storm water. The political subdivision must submit design plans and specifications
57.31to the agency as part of the application.
57.32 The agency must consult with the Public Facilities Authority and the commissioner
57.33of natural resources in reviewing and ranking applications for grants under this section.
58.1 The application must identify the uses of the treated wastewater or storm water
58.2and greater weight will be given to applications that include a binding commitment to
58.3participate by the user or users.
58.4 The agency must give preference to projects that will reduce use of the greatest
58.5volume of groundwater from aquifers with the slowest rate of recharge.
58.6 Subd. 4. Application form; procedures. The agency shall develop an application
58.7form and procedures.
58.8 Subd. 5. Reports. The agency shall report by February 1 of each year to the chairs
58.9of the house of representatives and senate committees with jurisdiction over environment
58.10policy and finance and capital investment on the grants made and projects funded under
58.11this section. For each demonstration project funded, the report must include information
58.12on the scale of water constraints for the area, the volume of treated wastewater
58.13supplied or storm water available, the quality of the storm water or treated wastewater
58.14supplied and treatment implications for the industrial user, impacts to stream flow and
58.15downstream users, and any considerations related to water appropriation and discharge
58.16permits.
58.17EFFECTIVE DATE.This section is effective the day following final enactment.
58.18 Sec. 21. Laws 2009, chapter 172, article 2, section 4, as amended by Laws 2010,
58.19chapter 361, article 2, section 2, is amended to read:
| 58.20 |
Sec. 4. POLLUTION CONTROL AGENCY |
$ |
24,076,000 |
$ |
27,630,000 |
||
58.22the second year are to develop total
58.23maximum daily load (TMDL) studies and
58.24TMDL implementation plans for waters
58.25listed on the United States Environmental
58.26Protection Agency approved impaired
58.27waters list in accordance with Minnesota
58.28Statutes, chapter 114D. The agency shall
58.29complete an average of ten percent of the
58.30TMDLs each year over the biennium. Of
58.31this amount, $348,000 the first year is to
58.32retest the comprehensive assessment of the
58.33biological conditions of the lower Minnesota
58.34River and its tributaries within the Lower
59.1Minnesota River Major Watershed, as
59.2previously assessed from 1976 to 1992 under
59.3the Minnesota River Assessment Project
59.4(MRAP). The assessment must include the
59.5same fish species sampling at the same 116
59.6locations and the same macroinvertebrate
59.7sampling at the same 41 locations as the
59.8MRAP assessment. The assessment must:
59.9(1) include an analysis of the findings; and
59.10(2) identify factors that limit aquatic life in
59.11the Minnesota River.
59.12Of this amount, $250,000 the first year is
59.13for a pilot project for the development of
59.14total maximum daily load (TMDL) studies
59.15conducted on a watershed basis within
59.16the Buffalo River watershed in order to
59.17protect, enhance, and restore water quality
59.18in lakes, rivers, and streams. The pilot
59.19project shall include all necessary field
59.20work to develop TMDL studies for all
59.21impaired subwatersheds within the Buffalo
59.22River watershed and provide information
59.23necessary to complete reports for most of the
59.24remaining watersheds, including analysis of
59.25water quality data, identification of sources
59.26of water quality degradation and stressors,
59.27load allocation development, development
59.28of reports that provide protection plans
59.29for subwatersheds that meet water quality
59.30standards, and development of reports that
59.31provide information necessary to complete
59.32TMDL studies for subwatersheds that do not
59.33meet water quality standards, but are not
59.34listed as impaired.
60.1(b) $500,000 the first year is for development
60.2of an enhanced TMDL database to manage
60.3and track progress. Of this amount, $63,000
60.4the first year is to promulgate rules. By
60.5November 1, 2010, the commissioner shall
60.6submit a report to the chairs of the house of
60.7representatives and senate committees with
60.8jurisdiction over environment and natural
60.9resources finance on the outcomes achieved
60.10with this appropriation.
60.11(c) $1,500,000 the first year and $3,169,000
60.12the second year are for grants under
60.13Minnesota Statutes, section
60.14political subdivisions for up to 50 percent of
60.15the costs to predesign, design, and implement
60.16capital projects that use storm water or
60.17treated municipal wastewater instead of
60.18groundwater from drinking water aquifers,
60.19in order to demonstrate the beneficial use
60.20of wastewater or storm water, including
60.21the conservation and protection of water
60.22resources. Of this amount, $1,000,000 the
60.23first year is for grants to ethanol plants that
60.24are within one and one-half miles of a city for
60.25improvements that use storm water or reuse
60.26greater than 300,000 gallons of wastewater
60.27per day. This appropriation is available until
60.28spent.
60.29(d) $1,125,000 the first year and $1,125,000
60.30the second year are for groundwater
60.31assessment and drinking water protection to
60.32include:
60.33(1) the installation and sampling of at least
60.3430 new monitoring wells;
61.1(2) the analysis of samples from at least 40
61.2shallow monitoring wells each year for the
61.3presence of endocrine disrupting compounds;
61.4and
61.5(3) the completion of at least four to
61.6five groundwater models for TMDL and
61.7watershed plans.
61.8(e) $2,500,000 the first year is for the clean
61.9water partnership program. Priority shall be
61.10given to projects preventing impairments and
61.11degradation of lakes, rivers, streams, and
61.12groundwater in accordance with Minnesota
61.13Statutes, section
61.14clause (4). Any balance remaining in the first
61.15year does not cancel and is available for the
61.16second year.
61.17(f) $896,000 the first year is to establish
61.18a network of water monitoring sites, to
61.19include at least 20 additional sites, in public
61.20waters adjacent to wastewater treatment
61.21facilities across the state to assess levels of
61.22endocrine-disrupting compounds, antibiotic
61.23compounds, and pharmaceuticals as required
61.24in this article. The data must be placed on
61.25the agency's Web site.
61.26(g) $155,000 the first year is to provide
61.27notification of the potential for coal tar
61.28contamination, establish a storm water
61.29pond inventory schedule, and develop best
61.30management practices for treating and
61.31cleaning up contaminated sediments as
61.32required in this article. $490,000 the second
61.33year is to provide grants to local units of
61.34government for up to 50 percent of the costs
61.35to implement best management practices to
62.1treat or clean up contaminated sediments
62.2in storm water ponds and other waters as
62.3defined under this article. Local governments
62.4must have adopted an ordinance for the
62.5restricted use of undiluted coal tar sealants
62.6in order to be eligible for a grant, unless a
62.7statewide restriction has been implemented.
62.8A grant awarded under this paragraph must
62.9not exceed $100,000. Up to $145,000 of the
62.10appropriation in the second year may be used
62.11to complete work required under section 28,
62.12paragraph (c).
62.13(h) $350,000 the first year and $600,000 the
62.14second year are for a restoration project in
62.15the lower St. Louis River and Duluth harbor
62.16in order to improve water quality. This
62.17appropriation must be matched by nonstate
62.18money at a rate of at least $2 for every $1 of
62.19state money.
62.20(i) $150,000 the first year and $196,000 the
62.21second year are for grants to the Red River
62.22Watershed Management Board to enhance
62.23and expand existing river watch activities in
62.24the Red River of the North. The Red River
62.25Watershed Management Board shall provide
62.26a report that includes formal evaluation
62.27results from the river watch program to the
62.28commissioners of education and the Pollution
62.29Control Agency and to the legislative natural
62.30resources finance and policy committees
62.31and K-12 finance and policy committees by
62.32February 15, 2011.
62.33(j) $200,000 the first year and $300,000 the
62.34second year are for coordination with the
62.35state of Wisconsin and the National Park
63.1Service on comprehensive water monitoring
63.2and phosphorus reduction activities in the
63.3Lake St. Croix portion of the St. Croix
63.4River. The Pollution Control Agency
63.5shall work with the St. Croix Basin Water
63.6Resources Planning Team and the St. Croix
63.7River Association in implementing the
63.8water monitoring and phosphorus reduction
63.9activities. This appropriation is available
63.10to the extent matched by nonstate sources.
63.11Money not matched by November 15, 2010,
63.12cancels for this purpose and is available for
63.13the purposes of paragraph (a).
63.14(k) $7,500,000 the first year and $7,500,000
63.15the second year are for completion of 20
63.16percent of the needed statewide assessments
63.17of surface water quality and trends. Of this
63.18amount, $175,000 the first year and $200,000
63.19the second year are for monitoring and
63.20analyzing endocrine disruptors in surface
63.21waters.
63.22(l) $100,000 the first year and $150,000
63.23the second year are for civic engagement
63.24in TMDL development. The agency shall
63.25develop a plan for expenditures under
63.26this paragraph. The agency shall give
63.27consideration to civic engagement proposals
63.28from basin or sub-basin organizations,
63.29including the Mississippi Headwaters Board,
63.30the Minnesota River Joint Powers Board,
63.31Area II Minnesota River Basin Projects,
63.32and the Red River Basin Commission.
63.33By November 15, 2009, the plan shall be
63.34submitted to the house and senate chairs
63.35and ranking minority members of the
63.36environmental finance divisions.
64.1(m) $5,000,000 the second year is for
64.2groundwater protection or prevention of
64.3groundwater degradation activities. By
64.4January 15, 2010, the commissioner, in
64.5consultation with the commissioner of
64.6natural resources, the Board of Water and
64.7Soil Resources, and other agencies, shall
64.8submit a report to the chairs of the house of
64.9representatives and senate committees with
64.10jurisdiction over the clean water fund on the
64.11intended use of these funds. The legislature
64.12must approve expenditure of these funds by
64.13law.
64.14Notwithstanding Minnesota Statutes, section
64.16before June 30, 2011, as grants or contracts in
64.17this section are available until June 30, 2013.
64.18EFFECTIVE DATE.This section is effective the day following final enactment.
64.19 Sec. 22. Laws 2010, chapter 361, article 2, section 3, is amended to read:
64.20 Sec. 3. CLEAN WATER FUND; 2009 APPROPRIATION ADJUSTMENTS.
64.21The appropriations in fiscal years
64.22Natural Resources for high-resolution digital elevation data in Laws 2009, chapter 172,
64.23article 2, section 5, paragraph (d), are available until June 30, 2012.
64.24EFFECTIVE DATE.This section is effective the day following final enactment.
64.25 Sec. 23. CIVIC ENGAGEMENT AND PUBLIC EDUCATION.
64.26A recipient of funds appropriated in this article shall incorporate civic engagement
64.27and public education when implementing projects and programs funded under this article.
64.28 Sec. 24. REPEALER.
64.29Minnesota Statutes 2010, section 114D.45, is repealed.
| 65.3 |
Section 1. PARKS AND TRAILS FUND APPROPRIATIONS. |
||||||
65.5the agencies and for the purposes specified in this article. The appropriations are from
65.6the parks and trails fund, or another named fund, and are available for the fiscal years
65.7indicated for each purpose. "The first year" is fiscal year 2012. "The second year" is
65.8fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the
65.9fiscal year ending June 30, 2012, are effective the day following final enactment. All
65.10appropriations in this article are onetime.
| 65.11 |
APPROPRIATIONS |
||||||
| 65.12 |
Available for the Year |
||||||
| 65.13 |
Ending June 30 |
||||||
| 65.14 |
2012 |
2013 |
|||||
| 65.15 |
Sec. 2. PARKS AND TRAILS |
||||||
| 65.16 |
Subdivision 1.Total Appropriation |
$ |
38,637,000 |
$ |
38,630,000 |
||
65.18purpose are specified in the following
65.19sections.
| 65.20 |
Subd. 2.Availability of Appropriation |
||||||
65.22not be spent on activities unless they are
65.23directly related to and necessary for a specific
65.24appropriation. Money appropriated in this
65.25article must not be spent on indirect costs
65.26or other institutional overhead charges that
65.27are not directly related to and necessary for
65.28a specific appropriation. Notwithstanding
65.29Minnesota Statutes, section 16A.28, and
65.30unless otherwise specified in this article,
65.31fiscal year 2012 appropriations are available
65.32until June 30, 2014, and fiscal year 2013
65.33appropriations are available until June 30,
65.342015. If a project receives federal funds, the
66.1time period of the appropriation is extended
66.2to equal the availability of federal funding.
| 66.3 66.4 |
Sec. 3. DEPARTMENT OF NATURAL RESOURCES |
$ |
23,668,000 |
$ |
23,193,000 |
||
66.6$15,437,000 the second year are for state
66.7parks, recreation areas, and trails to:
66.8(1) connect people to the outdoors;
66.9(2) acquire land and create opportunities;
66.10(3) maintain existing holdings, including
66.11developing and redeveloping facilities,
66.12and improving accessibility and energy
66.13efficiency; and
66.14(4) improve cooperation by coordinating
66.15with partners to implement the 25-year
66.16long-range parks and trails legacy plan.
66.17(b) $2,100,000 the first year is for acquisition
66.18of land adjacent to LaSalle Lake in Hubbard
66.19County for a state recreation area. If the
66.20acquisition is not completed by July 15,
66.212012, or if a balance remains after the
66.22acquisition of the land, the money under this
66.23paragraph is available for acquisitions under
66.24paragraph (a), clause (2).
66.25(c) $6,568,000 the first year and $7,718,000
66.26the second year are for parks and trails of
66.27regional or statewide significance as follows:
66.28(1) $6,393,000 the first year and $7,718,000
66.29the second year are for grants under
66.30Minnesota Statutes, section 85.535, to
66.31acquire, develop, improve, and restore
66.32parks and trails of regional or statewide
66.33significance; and
67.1(2) $175,000 the first year is for a grant to the
67.2Greater Minnesota Regional Park and Trail
67.3Coalition to: define and develop information,
67.4including the number of users and potential
67.5users of greater Minnesota regional parks
67.6and trails; collect and compile details on
67.7the facilities within the greater Minnesota
67.8regional park system; and develop a plan for
67.9high priority park and trail acquisition and
67.10development opportunities. No local match
67.11is required for this grant.
67.12Up to 2.5 percent of the total appropriation
67.13may be used for administering the grants.
67.14(d) $38,000 the first year and $38,000 the
67.15second year are for a technical assistance
67.16panel to conduct up to ten restoration audits
67.17under Minnesota Statutes, section 85.53,
67.18subdivision 5.
67.19(e) The commissioner shall contract for
67.20services with Conservation Corps Minnesota
67.21for restoration, maintenance, and other
67.22activities under this section for at least
67.23$1,000,000 the first year and $1,000,000 the
67.24second year.
67.25(f) The commissioner of natural resources
67.26shall convene and facilitate a working
67.27group of nine members to develop
67.28recommendations for the allocation of the
67.29parks and trails fund. The working group
67.30shall have representatives from metropolitan
67.31parks and trails, greater Minnesota parks
67.32and trails, and the Department of Natural
67.33Resources Parks and Trails Division. The
67.34recommendations shall be submitted no later
67.35than November 15, 2012, and presented to
68.1the governor for consideration in the budget
68.2for fiscal years 2014 and 2015.
| 68.3 |
Sec. 4. METROPOLITAN COUNCIL |
$ |
14,962,000 |
$ |
15,437,000 |
||
68.5$15,437,000 the second year are to be
68.6distributed as required under Minnesota
68.7Statutes, section 85.53, subdivision 3.
68.8(b) Grant agreements entered into by the
68.9Metropolitan Council and recipients of
68.10money appropriated under this section shall
68.11ensure that the funds are used to supplement
68.12and not substitute for traditional sources of
68.13funding.
| 68.14 |
Sec. 5. LEGISLATURE |
$ |
7,000 |
$ |
-0- |
||
68.16Coordinating Commission for the costs of
68.17developing and implementing a Web site to
68.18contain information on projects receiving
68.19appropriations from the parks and trails fund
68.20and other constitutionally dedicated funds.
68.21 Sec. 6. Minnesota Statutes 2010, section 85.013, is amended by adding a subdivision
68.22to read:
68.23 Subd. 15a. LaSalle Lake State Recreation Area, Hubbard County.
68.24 Sec. 7. LASALLE LAKE STATE RECREATION AREA.
68.25 Subdivision 1. LaSalle Lake State Recreation Area, Hubbard County. The
68.26LaSalle Lake State Recreation Area is established in Hubbard County.
68.27 Subd. 2. Boundaries. The following described lands are located within the
68.28boundaries of the LaSalle Lake State Recreation Area, all in Hubbard County:
68.29 (1) the Southwest Quarter of the Southwest Quarter and the Northwest Quarter of the
68.30Southwest Quarter, except the East 10 acres thereof, of Section 29; the Northeast Quarter
68.31of the Northeast Quarter, the Northwest Quarter of the Northeast Quarter, the Southwest
68.32Quarter of the Northeast Quarter, the Northeast Quarter of the Southwest Quarter, the
69.1Southeast Quarter of the Northwest Quarter, the Southeast Quarter of the Northeast
69.2Quarter, and Government Lots 2, 3, 4, 5, 6, 7, 8, and 9, of Section 30; Government Lots 1,
69.32, 5, 6, 7, 8, 9, and 10, of Section 31; and Government Lots 1 and 4 of Section 32; all in
69.4Township 145 North, Range 35 West; and
69.5 (2) Government Lot 12, Section 19, Township 145 North, Range 35.
69.6 Subd. 3. Administration. The commissioner of natural resources shall administer
69.7the area according to Minnesota Statutes, section 86A.05, subdivision 3, subject to
69.8existing rules and regulations for state recreation areas. LaSalle Lake State Recreation
69.9Area shall be administered as a satellite unit of Itasca State Park.
69.10 Sec. 8. LASALLE LAKE STATE RECREATION AREA MANAGEMENT
69.11OPTIONS.
69.12By March 1, 2012, the commissioner of natural resources shall submit a report to
69.13the senate and house of representatives committees and divisions with jurisdiction over
69.14natural resources policy and finance evaluating options for the management of the resort
69.15within the LaSalle Lake State Recreation Area, including an evaluation of the option
69.16to lease the resort to a nonstate entity. The evaluation shall include potential financial
69.17arrangements or mechanisms that would make the equivalent of local taxes or payments in
69.18lieu of taxes the responsibility of the nonstate entity.
| 69.21 |
Section 1. ARTS AND CULTURAL HERITAGE FUND APPROPRIATIONS. |
||||||
69.23entities and for the purposes specified in this article. The appropriations are from the arts
69.24and cultural heritage fund, and are available for the fiscal years indicated for allowable
69.25activities under the Minnesota Constitution, article XI, section 15. "The first year" is fiscal
69.26year 2012. "The second year" is fiscal year 2013. "The biennium" is fiscal years 2012
69.27and 2013. All appropriations in this article are onetime.
| 69.28 |
APPROPRIATIONS |
||||||
| 69.29 |
Available for the Year |
||||||
| 69.30 |
Ending June 30 |
||||||
| 69.31 |
2012 |
2013 |
|||||
| 69.32 |
Sec. 2. ARTS AND CULTURAL HERITAGE |
||||||
| 69.33 |
Subdivision 1.Total Appropriation |
$ |
52,537,000 |
$ |
48,729,000 |
||
70.2purpose are specified in the following
70.3subdivisions.
| 70.4 |
Subd. 2.Availability of Appropriation |
||||||
70.6not be spent on activities unless they are
70.7directly related to and necessary for a specific
70.8appropriation. Money appropriated in this
70.9article must not be spent on indirect costs
70.10or other institutional overhead charges that
70.11are not directly related to and necessary for
70.12a specific appropriation. Notwithstanding
70.13Minnesota Statutes, section 16A.28, and
70.14unless otherwise specified in this article,
70.15fiscal year 2012 appropriations are available
70.16until June 30, 2013, and fiscal year 2013
70.17appropriations are available until June 30,
70.182014. If a project receives federal funds, the
70.19time period of the appropriation is extended
70.20to equal the availability of federal funding.
| 70.21 |
Subd. 3.Minnesota State Arts Board |
21,824,000 |
21,824,000 |
||||
70.23Minnesota State Arts Board for arts, arts
70.24education, and arts access. Grant agreements
70.25entered into by the Minnesota State Arts
70.26Board and other recipients of appropriations
70.27in this subdivision shall ensure that
70.28these funds are used to supplement and
70.29not substitute for traditional sources of
70.30funding. Appropriations made directly
70.31to the Minnesota State Arts Board shall
70.32supplement, and shall not substitute for,
70.33traditional sources of funding. Each grant
70.34program established within this appropriation
70.35shall be separately administered from other
71.1state appropriations for program planning
71.2and outcome measurements, but may take
71.3into consideration other state resources
71.4awarded in the selection of applicants and
71.5grant award size.
71.6Arts and Arts Access Initiatives.
71.7$16,660,000 the first year and $16,660,000
71.8the second year are to support Minnesota
71.9artists and arts organizations in creating,
71.10producing, and presenting high-quality arts
71.11activities; to overcome barriers to accessing
71.12high-quality arts activities; and to instill the
71.13arts into the community and public life in
71.14this state.
71.15A portion of these funds may be used to:
71.16(1) pay attendance fees and travel costs
71.17for youth to visit art museums, arts
71.18performances, or other arts activities; or
71.19(2) bring artists to schools, libraries, or other
71.20community centers or organizations for
71.21teaching, training, or performance purposes.
71.22Arts Education. $3,450,000 the first year
71.23and $3,450,000 the second year are for
71.24high-quality, age-appropriate arts education
71.25for Minnesotans of all ages to develop
71.26knowledge, skills, and understanding of the
71.27arts.
71.28A portion of this appropriation may be used
71.29for grants to school districts to provide
71.30materials or resources to teachers, students,
71.31and parents to promote achievement of K-12
71.32academic standards in the arts.
71.33Arts and Cultural Heritage. $1,080,000
71.34the first year and $1,080,000 the second year
72.1are for events and activities that represent the
72.2diverse cultural arts traditions, including folk
72.3and traditional artists and art organizations,
72.4represented in this state.
72.5Administration, Fiscal Oversight, and
72.6Accountability. $634,000 the first year
72.7and $634,000 the second year are for
72.8administration of grant programs, delivering
72.9technical services, providing fiscal oversight
72.10for the statewide system, and ensuring
72.11accountability for these state resources.
72.12Census. The Minnesota State Arts Board, in
72.13partnership with regional arts councils, shall
72.14maintain a census of Minnesota artists and
72.15artistic organizations.
72.16Thirty percent of the total appropriated to
72.17each of the categories established in this
72.18subdivision is for grants to the regional arts
72.19councils. This percentage does not apply to
72.20administrative costs.
| 72.21 |
Subd. 4.Department of Education |
3,455,000 |
3,455,000 |
||||
72.23commissioner of education for grants
72.24allocated using existing formulas under
72.25Minnesota Statutes, section 134.355, to the
72.2612 Minnesota regional library systems, to
72.27provide educational opportunities in the arts,
72.28history, literary arts, and cultural heritage
72.29of Minnesota. These funds may be used
72.30to sponsor programs provided by regional
72.31libraries or to provide grants to local arts and
72.32cultural heritage programs for programs in
72.33partnership with regional libraries.
| 72.34 |
Subd. 5.Minnesota Historical Society |
12,250,000 |
12,250,000 |
||||
73.2governing board of the Minnesota Historical
73.3Society to preserve and enhance access to
73.4Minnesota's history and its cultural and
73.5historical resources. Grant agreements
73.6entered into by the Minnesota Historical
73.7Society and other recipients of appropriations
73.8in this subdivision shall ensure that
73.9these funds are used to supplement and
73.10not substitute for traditional sources of
73.11funding. Funds directly appropriated to the
73.12Minnesota Historical Society shall be used to
73.13supplement, and not substitute for, traditional
73.14sources of funding. Notwithstanding
73.15Minnesota Statutes, section 16A.28, for
73.16historic preservation projects that improve
73.17historic structures, the amounts are available
73.18until June 30, 2015.
73.19Statewide Historic and Cultural Grants.
73.20$5,250,000 the first year and $5,250,000
73.21the second year are for history programs
73.22and projects operated or conducted by or
73.23through local, county, regional, or other
73.24historical or cultural organizations; or for
73.25activities to preserve significant historic
73.26and cultural resources. Funds are to be
73.27distributed through a competitive grants
73.28process. The Minnesota Historical Society
73.29shall administer these funds using established
73.30grants mechanisms, with assistance from
73.31the advisory committee created under Laws
73.322009, chapter 172, article 4, section 2,
73.33subdivision 4, paragraph (b), item (ii).
73.34Programs. $5,000,000 the first year and
73.35$5,000,000 the second year are for programs
73.36and purposes related to the historical and
74.1cultural heritage of the state of Minnesota,
74.2conducted by the Minnesota Historical
74.3Society.
74.4History Partnerships. $1,500,000 the
74.5first year and $1,500,000 the second year
74.6are for partnerships involving multiple
74.7organizations, which may include the
74.8Minnesota Historical Society, to preserve and
74.9enhance access to Minnesota's history and
74.10cultural heritage in all regions of the state.
74.11Statewide Survey of Historical and
74.12Archaeological Sites. $250,000 the first
74.13year and $250,000 the second year are
74.14for a contract or contracts to be let on a
74.15competitive basis to conduct statewide
74.16surveys of Minnesota's sites of historical,
74.17archaeological, and cultural significance.
74.18Results of this survey must be published in
74.19a searchable form, available to the public on
74.20a cost-free basis. The Minnesota Historical
74.21Society, the Office of the State Archaeologist,
74.22and the Indian Affairs Council shall each
74.23appoint a representative to an oversight
74.24board to select contractors and direct the
74.25conduct of these surveys. The oversight
74.26board shall consult with the Departments of
74.27Transportation and Natural Resources.
74.28Digital Library. $250,000 the first year and
74.29$250,000 the second year are for a digital
74.30library project to preserve, digitize, and share
74.31Minnesota images, documents, and historical
74.32materials. The Minnesota Historical Society
74.33shall cooperate with the Minitex interlibrary
74.34loan system and shall jointly share this
74.35appropriation for these purposes.
| 75.1 |
Subd. 6.Department of Administration |
10,200,000 |
6,400,000 |
||||
75.3commissioner of administration for grants
75.4to the named organizations for the purposes
75.5specified in this subdivision. Up to one
75.6percent of funds may be used by the
75.7commissioner for grants administration.
75.8Grant agreements entered into by
75.9the commissioner and recipients of
75.10appropriations in this subdivision must
75.11ensure that money appropriated in this
75.12subdivision is used to supplement and not
75.13substitute for traditional sources of funding.
75.14Public Broadcasting Grants. $6,400,000
75.15the first year and $6,400,000 the second
75.16year are for a competitive Arts and
75.17Cultural Heritage Grants Program-Public
75.18Broadcasting.
75.19The commissioner shall solicit proposals
75.20and award grants to entities that create,
75.21produce, acquire, or distribute programs that
75.22educate, enhance, or promote local, regional,
75.23or statewide items of artistic, cultural, or
75.24historic significance. The commissioner
75.25shall give preference to projects that
75.26expand Minnesotans' access to knowledge,
75.27information, arts, state history, or cultural
75.28heritage.
75.29Veterans Camps. $3,250,000 the first year
75.30is for grants of $2,400,000 to the Disabled
75.31Veterans Rest Camp located on Big Marine
75.32Lake in Washington County and $850,000 to
75.33the Veterans on the Lake Resort located on
75.34Fall Lake in St. Louis County.
76.1State Capitol Preservation Commission.
76.2$550,000 the first year is for the purposes of
76.3Minnesota Statutes, section 16B.2405. This
76.4appropriation is available until spent.
76.5Effective the day following final enactment,
76.6the commissioner of administration must
76.7do an exterior and interior structural risk
76.8assessment of the preservation needs of the
76.9State Capitol historic site. The analysis
76.10must include (1) a review of design plans
76.11and construction practices of all capital
76.12infrastructure projects taking place in close
76.13proximity to the State Capitol building in the
76.14next three fiscal years, to identify whether the
76.15construction work or subsequent operations
76.16pose (i) risk to the structural integrity of the
76.17State Capitol building, or (ii) a reasonable
76.18likelihood of other adverse physical impacts,
76.19including increased costs for building
76.20preservation; and (2) an examination of
76.21what would be needed to reopen the balcony
76.22viewing area on the second floor overlooking
76.23the Capitol grounds. By August 1, 2011,
76.24the commissioner must provide a prioritized
76.25list of restoration projects with rough cost
76.26estimates to the governor, the Capitol Area
76.27Architectural and Planning Board, and the
76.28chairs of the legislative committees with
76.29responsibility for those agencies and capital
76.30investment.
| 76.31 |
Subd. 7.Department of Natural Resources |
1,100,000 |
1,100,000 |
||||
76.33commissioner of natural resources for a
76.34competitive Arts and Cultural Heritage
76.35Grants Program-Zoos.
77.1The commissioner shall solicit proposals
77.2and award grants to zoos for projects and
77.3programs that promote the arts or preserve
77.4Minnesota's history and cultural heritage.
77.5The commissioner shall give preference to
77.6projects and programs that incorporate arts,
77.7culture, and history into zoo programming
77.8or that increase knowledge and awareness
77.9of the way that history and culture affect
77.10people's lives and that illustrate how that
77.11knowledge can help Minnesotans make
77.12informed decisions for the future.
| 77.13 |
Subd. 8.Minnesota Humanities Center |
3,700,000 |
3,700,000 |
||||
77.15of directors of the Minnesota Humanities
77.16Center for the purposes specified in this
77.17subdivision.
77.18Programs and Purposes. $325,000 the first
77.19year and $325,000 the second year are for
77.20programs and purposes of the Minnesota
77.21Humanities Center.
77.22The Minnesota Humanities Center may
77.23consider museums and organizations
77.24celebrating the identities of Minnesotans for
77.25grants from these funds. The Minnesota
77.26Humanities Center may develop a written
77.27plan for the competitive issuance of these
77.28grants and, if developed, shall submit
77.29that plan for review and approval by the
77.30Department of Administration.
77.31Councils of Color. $500,000 the first
77.32year and $500,000 the second year are for
77.33competitive grants to the Council on Asian
77.34Pacific Minnesotans, the Council on Black
77.35Minnesotans, the Indian Affairs Council, and
78.1the Chicano Latino Affairs Council. Grants
78.2are for programs and cooperation between
78.3the Minnesota Humanities Center and the
78.4grant recipients for community events and
78.5programs that celebrate and preserve artistic,
78.6historical, and cultural heritage.
78.7Humanities Grants. $2,875,000 the first
78.8year and $2,875,000 the second year are for
78.9a competitive Arts and Cultural Heritage
78.10Grants Program-Humanities.
78.11The board of directors shall solicit proposals
78.12and award grants to entities for projects
78.13and programs that maintain or promote
78.14our cultural heritage. The board shall fund
78.15programs and projects that collectively
78.16preserve both our tangible and intangible
78.17cultural heritage as well as those that
78.18recognize museums as venues for arts and
78.19cultural experiences.
| 78.20 |
Subd. 9.Perpich Center For Arts Education |
....... |
....... |
||||
78.22of directors of the Perpich Center for Arts
78.23Education for arts, arts education, and arts
78.24access and to preserve Minnesota's history
78.25and cultural heritage.
78.26Notwithstanding Minnesota Statutes, section
78.2716A.28, the appropriations encumbered on or
78.28before June 30, 2013, as grants or contracts
78.29in this subdivision are available until June
78.3030, 2015.
| 78.31 |
Subd. 10.Legislature |
8,000 |
0 |
||||
78.33Legislative Coordinating Commission to
78.34operate the Web site for dedicated funds
79.1required under Minnesota Statutes, section
79.23.303, subdivision 10.
79.3 Sec. 3. [15B.32] STATE CAPITOL PRESERVATION COMMISSION.
79.4 Subdivision 1. Definitions. (a) As used in this section, the terms defined in this
79.5subdivision have the following meanings.
79.6(b) "Commission" means the State Capitol Preservation Commission created under
79.7this section.
79.8(c) "Capitol Area" means the geographic area defined in section 15B.02.
79.9(d) "Board" means the Capitol Area Architectural and Planning Board created under
79.10section 15B.03.
79.11(e) "Predesign" has the meaning given in section 16B.335, subdivision 3, paragraph
79.12(a).
79.13 Subd. 2. Membership. The State Capitol Preservation Commission consists of 22
79.14members, appointed as follows:
79.15(1) the governor;
79.16(2) the lieutenant governor;
79.17(3) the attorney general;
79.18(4) the chief justice of the Supreme Court, or the chief justice's designee, who shall
79.19be a member of the Supreme Court;
79.20(5) the majority leader of the senate or the majority leader's designee, who shall be
79.21a member of the senate;
79.22(6) the speaker of the house or the speaker's designee, who shall be a member of the
79.23house of representatives;
79.24(7) two members of the senate, including one member from the majority party
79.25appointed by the majority leader and one member from the minority party appointed by
79.26the minority leader;
79.27(8) two members of the house of representatives, including one member appointed
79.28by the speaker of the house and one member from the minority party appointed by the
79.29minority leader;
79.30(9) the chair and ranking minority member of the house of representatives committee
79.31with jurisdiction over capital investment and the chair and ranking minority member of
79.32the senate committee with jurisdiction over capital investment;
79.33(10) the commissioner of administration or the commissioner's designee;
79.34(11) the commissioner of public safety or the commissioner's designee;
80.1(12) the executive director of the Minnesota Historical Society or the executive
80.2director's designee;
80.3(13) the executive secretary of the Capitol Area Architectural and Planning Board;
80.4and
80.5(14) four public members appointed by the governor.
80.6 Subd. 3. Terms and compensation. (a) A member serving on the commission
80.7because the member or the appointing authority for the member holds an elected or
80.8appointed office shall serve on the commission as long as the member or the appointing
80.9authority holds the office.
80.10(b) Public members of the commission shall serve two-year terms. The public
80.11members may not serve for more than three consecutive terms.
80.12(c) The removal of members and filling of vacancies on the commission are as
80.13provided in section 15.059. Public members may receive compensation and expenses as
80.14provided under section 15.059, subdivision 3.
80.15 Subd. 4. Officers and meetings. (a) The governor is the chair of the commission.
80.16The lieutenant governor is the vice-chair of the commission and may act as the chair
80.17of the commission in the absence of the governor. The governor may designate a staff
80.18member to attend commission meetings and vote on the governor's behalf in the absence
80.19of the governor.
80.20(b) The commission shall meet at least quarterly and at other times at the call of the
80.21chair. Meetings of the commission are subject to chapter 13D.
80.22 Subd. 5. Administrative support. The commission may designate an executive
80.23secretary and obtain administrative support through a contract with a state agency or
80.24other means.
80.25 Subd. 6. Duties. (a) The commission:
80.26(1) shall exercise ongoing coordination of the restoration, protection, risk
80.27management, and preservation of the Capitol building;
80.28(2) shall consult with and advise the commissioner of administration, the board, and
80.29the Minnesota Historical Society regarding their applicable statutory responsibilities
80.30for and in the Capitol building;
80.31(3) may assist in the selection of an architectural firm to assist in the preparation of
80.32the predesign plan for the restoration of the Capitol building;
80.33(4) shall develop a comprehensive, multiyear, predesign plan for the restoration
80.34of the Capitol building, review the plan periodically, and, as appropriate, amend and
80.35modify the plan. The predesign plan shall identify appropriate and required functions of
80.36the Capitol building; identify and address space requirements for legislative, executive,
81.1and judicial branch functions; and identify and address the long-term maintenance and
81.2preservation requirements of the Capitol building. In developing the predesign plan,
81.3the commission shall take into account the comprehensive plan for the Minnesota State
81.4Capitol Area, as amended in 2010, the rules governing zoning and design for the Capitol
81.5Area, parking, mass transit, citizen access including public access to the Capitol balcony,
81.6the tunnel system, information technology needs, energy efficiency, security, educational
81.7programs including public and school tours, and any additional space needs for the
81.8efficient operation of state government;
81.9(5) shall develop and implement a comprehensive financial plan to fund the
81.10preservation and restoration of the Capitol building;
81.11(6) shall provide annual reports about the condition of the Capitol building and its
81.12needs, as well as all activities related to the restoration of the Capitol building;
81.13(7) shall for all capital infrastructure projects taking place in close proximity to the
81.14Capitol building and prior to commencement of actual construction work:
81.15(i) review the preliminary and final design plans and construction practices of the
81.16project;
81.17(ii) identify whether the actual construction work of the project or subsequent
81.18operations resulting from the project pose:
81.19(A) risk to the structural integrity of the Capitol building; or
81.20(B) a reasonable likelihood of other adverse physical impacts to the Capitol building,
81.21including but not limited to increased costs for building maintenance and preservation; and
81.22(iii) submit a recommendation to the commissioner of administration identifying
81.23whether or not the commissioner should approve the project for commencement of
81.24construction as provided under section 16B.2405; and
81.25(8) may solicit gifts, grants, or donations of any kind from any private or public
81.26source to carry out the purposes of this section. All gifts, grants, or donations received by
81.27the commission shall be deposited in a State Capitol preservation account established in
81.28the special revenue fund. Money in the account is appropriated to the commissioner of
81.29administration for the activities of the commission and implementation of the predesign
81.30plan under this section.
81.31(b) By January 15 of each year, the commission shall report to the chairs and ranking
81.32minority members of the legislative committees with jurisdiction over the commission
81.33regarding the activities and efforts of the commission in the preceding calendar year,
81.34including recommendations adopted by the commission, the comprehensive financial plan
81.35required under paragraph (a), clause (5), and any proposed draft legislation necessary to
81.36implement the recommendations of the commission.
82.1 Subd. 7. Expiration. Notwithstanding section 15.059, subdivision 5, the State
82.2Capitol Preservation Commission does not expire.
82.3 Sec. 4. [15B.34] CAPITOL BUILDING POWERS AND DUTIES.
82.4The board shall:
82.5(1) jointly, with the commissioner of administration and the Minnesota Historical
82.6Society, establish standards and policies for the repair, furnishing, appearance, and
82.7cleanliness of and change to the public and ceremonial areas of the Capitol building;
82.8(2) review and approve plans and specifications and any changes to approved plans
82.9and specifications involving the alteration of the public and ceremonial areas and the
82.10exterior of the Capitol building;
82.11(3) jointly, with the Minnesota Historical Society, review and approve the design,
82.12structural composition, and location of all monuments, memorials, or works of art
82.13presently located in the public and ceremonial areas of the State Capitol, or that will be
82.14placed in the public or ceremonial areas, according to section 138.68; and
82.15(4) assist the State Capitol Preservation Commission with performance of its duties
82.16as needed.
82.17 Sec. 5. [16B.2405] CAPITOL BUILDING POWERS AND DUTIES.
82.18The commissioner, upon receipt of funding for these purposes, shall:
82.19(1) maintain and operate the Capitol building and grounds according to section
82.2016B.24 and other applicable law;
82.21(2) designate a project manager to oversee and manage predesign, design, and
82.22construction contracts and funding for all modifications to the Capitol building;
82.23(3) manage design and construction projects and funding for the Capitol building
82.24according to section 16B.31 and other applicable law;
82.25(4) lease space in the Capitol building, as provided in section 16B.24, to state
82.26agencies, constitutional officers, and the court administrator on behalf of the judicial
82.27branch and allocate space in the Capitol building to the legislative branch as determined
82.28by the commission;
82.29(5) provide information about the Capitol building to the commission, legislative
82.30bodies, and others as needed regarding maintenance, operation, leasing, condition
82.31assessments, design, and construction projects;
82.32(6) for each project for which a recommendation by the State Capitol Preservation
82.33Commission is submitted under section 15B.32, subdivision 6, paragraph (a), clause (7),
82.34evaluate the recommendation and, notwithstanding any other law to the contrary, either (i)
83.1approve the project where such approval is a prerequisite for commencement of actual
83.2construction work or (ii) identify specific remediation requirements necessary to approve
83.3the project upon subsequent review by the commissioner; and
83.4(7) assist the State Capitol Preservation Commission with performance of its duties
83.5as needed.
83.6 Sec. 6. Minnesota Statutes 2010, section 129D.18, subdivision 3, is amended to read:
83.7 Subd. 3. Conditions. (a) A public station receiving funds appropriated under this
83.8section must:
83.9(1) make programs produced with these funds available for broadcast to all other
83.10public stations eligible to receive grants under this section;
83.11(2) offer free
83.12with these funds to public educational institutions, excluding those materials for which
83.13public television stations do not have rights to distribute;
83.14(3) archive programs produced with these funds and make the programs available
83.15for future use through encore broadcast or other distribution, including online; and
83.16(4) ensure that underwriting credit is given to the Minnesota arts and cultural
83.17heritage fund.
83.18(b) Programs produced in partnership with other mission-centered nonprofit
83.19organizations may be used by the partnering organization for their own educational or
83.20promotional purposes.
83.21 Sec. 7. Minnesota Statutes 2010, section 129D.18, subdivision 4, is amended to read:
83.22 Subd. 4. Reporting. A public station receiving funds appropriated under this section
83.23must report annually by January 15 to the commissioner, the Legislative Coordinating
83.24Commission, and the chairs and ranking minority members of the senate and house
83.25of representatives committees and divisions having jurisdiction over arts and cultural
83.26heritage policy and finance regarding how the previous year's grant funds were expended.
83.27
83.28cultural heritage fund under section 3.303, subdivision 10, the report must contain specific
83.29information for each program produced and broadcast, including the cost of production,
83.30the number of stations broadcasting the program, estimated viewership, the number of
83.31hours of legacy program content available for streaming on Web
83.32and other related measures. If the programs produced include educational material, the
83.33public station must report on these efforts.
84.1 Sec. 8. Minnesota Statutes 2010, section 129D.19, subdivision 5, is amended to read:
84.2 Subd. 5. Reporting. A noncommercial radio station receiving funds appropriated
84.3under this section must report annually by January 15 to the commissioner, the Legislative
84.4Coordinating Commission, and the chairs and ranking minority members of the senate
84.5and house of representatives committees and divisions having jurisdiction over arts and
84.6cultural heritage policy and finance regarding how the previous year's grant funds were
84.7expended.
84.8the arts and cultural heritage fund under section 3.303, subdivision 10, the report must
84.9contain specific information for each program produced and broadcast, including the
84.10cost of production, the number of stations broadcasting the program, estimated number
84.11of listeners, and other related measures. If the programs produced include educational
84.12material, the noncommercial radio station must report on these efforts.
84.13 Sec. 9. [138.70] CAPITOL BUILDING POWERS AND DUTIES.
84.14The Minnesota Historical Society shall:
84.15(1) assist and advise in research and preservation of historical features of the Capitol
84.16building, appropriate custodial policies, and maintaining and repairing works of art
84.17according to section 138.69;
84.18(2) jointly, with the Capitol Area Architectural and Planning Board, review and
84.19approve the design, structural composition, and location of all monuments, memorials, or
84.20works of art presently located in the public and ceremonial areas of the Capitol building,
84.21or proposed for placement in the public or ceremonial areas, according to section 138.68;
84.22(3) assist with planning and design of restoration and renovations of the Capitol
84.23building in order to provide public access and education through public interpretive
84.24programs according to the society's statutory responsibilities under section 138.69; and
84.25(4) assist the State Capitol Preservation Commission with performance of its duties
84.26as needed.
84.27 Sec. 10. Laws 2009, chapter 172, article 4, section 9, subdivision 5, is amended to read:
84.28 Subd. 5. Report. The working group must report its findings and recommendations,
84.29including draft legislation, if necessary, to the Indian Affairs Council and the chairs and
84.30ranking minority members of the legislative committees and divisions with jurisdiction
84.31over early childhood through grade 12 education
84.32cultural heritage policy or finance by February 15, 2011, and again by February 15, 2012.
84.33The
85.1 Sec. 11. STATE CAPITOL PRESERVATION COMMISSION APPOINTMENTS
85.2AND FIRST MEETING.
85.3The appointing authorities designated in Minnesota Statutes, section 15B.32,
85.4subdivision 2, must complete their initial appointments to the commission no later than
85.5August 1, 2011. The governor, or the governor's designee, shall convene the first meeting
85.6of the commission within 30 days after the appointments required under this section
85.7have been completed.
85.10 Section 1. Minnesota Statutes 2010, section 3.303, subdivision 10, is amended to read:
85.11 Subd. 10. Constitutionally dedicated funding accountability. (a) The Legislative
85.12Coordinating Commission shall develop and maintain a user-friendly, public-oriented
85.13Web site that informs, educates, and demonstrates to the public how the constitutionally
85.14dedicated funds in the arts and cultural heritage fund, outdoor heritage fund, clean water
85.15fund, parks and trails fund, and environment and natural resources trust fund are being
85.16expended to meet the requirements established for each fund in the state constitution.
85.17Information provided on the Web site must include, but is not limited to:
85.18(1) information on all project proposals received by the Outdoor Heritage Council
85.19and the Legislative-Citizen Commission on Minnesota Resources;
85.20(2) information on all projects receiving funding, including:
85.21(i) the name of the project and a project description;
85.22(ii) the name, telephone number, members of the board or equivalent governing
85.23body, and e-mail address of the funding recipient and, when applicable, the Web site
85.24address where the public can directly access detailed information on the recipient's receipt
85.25and use of money for the project;
85.26(iii) the amount and source of funding, including the fiscal year of the appropriation;
85.27(iv) the amount and source of any additional funding or leverage;
85.28(v) the duration of the project;
85.29(vi) the number of full-time equivalents funded under the project. For the purposes
85.30of this item, "full-time equivalent" means a position directly attributed to the receipt of
85.31money from one or more of the funds covered under this section, calculated as the total
85.32number of hours planned for the position divided by 2,088;
85.33(vii) the direct expenses and administration costs of the project;
85.34(viii) proposed measurable outcomes and the plan for measuring and evaluating
85.35the results;
86.1(ix) for pass-through, noncompetitive grants, the entity acting as the fiscal agent or
86.2administering agency and a point of contact for additional information; and
86.3 (x) for competitive grants, the name and a brief description of the qualifications of
86.4all board members or members of an equivalent governing body ultimately responsible
86.5for awarding the grants, as well as any grantmaking advisory group. In addition, an
86.6entity that awards competitive grants, including but not limited to a state agency or any
86.7statewide, regional, or local organization, must report whether an employee, decision
86.8maker, advisory group member, or other person involved in the grant process disclosed
86.9a conflict of interest or potential conflict of interest. If the entity reports that a conflict
86.10of interest or potential conflict of interest was disclosed, the entity must provide the
86.11Legislative Coordinating Commission with a contact person for additional information and
86.12the Legislative Coordinating Commission must post this information on the Web site. An
86.13entity that awards competitive grants must obtain and apply the conflict of interest policies
86.14developed by the commissioner of administration under section 16B.98, subdivision 3,
86.15unless the entity maintains and applies its own documented conflict of interest policies
86.16which are substantially similar to the commissioner of administration's policies;
86.17(3) actual measured outcomes and evaluation of projects as required under sections
86.19(4) education about the areas and issues the projects address, including, when
86.20feasible, maps of where projects have been undertaken;
86.21(5) all frameworks developed for future uses of each fund; and
86.22(6) methods by which members of the public may apply for project funds under
86.23any of the constitutionally dedicated funds.
86.24(b) As soon as practicable or by the deadline specified in the enabling law,
86.25whichever comes first, a state agency or other recipient of a direct appropriation from a
86.26fund covered under this section shall submit the information required under paragraph (a)
86.27and, when applicable, compile and submit the same information for any grant recipient
86.28or other subrecipient of funding. All information for proposed and funded projects,
86.29including the proposed measurable outcomes, must be made available on the Web site
86.30as soon as practicable. Information on the measured outcomes and evaluation must be
86.31posted as soon as it becomes available. The costs of these activities shall be paid out of
86.32the arts and cultural heritage fund, outdoor heritage fund, clean water fund, parks and
86.33trails fund, and the environment and natural resources trust fund proportionately. For
86.34purposes of this section, "measurable outcomes" means outcomes, indicators, or other
86.35performance measures that may be quantified or otherwise measured in order to measure
86.36the effectiveness of a project or program in meeting its intended goal or purpose.
87.1(c) The Legislative Coordinating Commission shall be responsible for receiving all
87.2ten-year plans and 25-year frameworks for each of the constitutionally dedicated funds. To
87.3the extent practicable, staff for the commission shall provide assistance and oversight to
87.4these planning efforts and shall coordinate public access to hearings and public meetings
87.5for all planning efforts.
87.6 Sec. 2. Minnesota Statutes 2010, section 85.53, subdivision 2, is amended to read:
87.7 Subd. 2. Expenditures; accountability. (a) A project or program receiving funding
87.8from the parks and trails fund must meet or exceed the constitutional requirement to
87.9support parks and trails of regional or statewide significance. A project or program
87.10receiving funding from the parks and trails fund must include measurable outcomes, as
87.11defined in section
87.12results. A project or program must be consistent with current science and incorporate
87.13state-of-the-art technology, except when the project or program is a portrayal or restoration
87.14of historical significance.
87.15(b) Money from the parks and trails fund shall be expended to balance the benefits
87.16across all regions and residents of the state.
87.17(c)
87.18trails fund must compile and submit all information for funded projects or programs,
87.19including the proposed measurable outcomes and all other items required under section
87.203.303, subdivision 10,
87.21Commission as soon as practicable or by the deadline specified in the enabling law,
87.22whichever comes first. The Legislative Coordinating Commission must post submitted
87.23information on the Web site required under section
87.24
87.25as it becomes available.
87.26(d) Grants funded by the parks and trails fund must be implemented according to
87.27section
87.28for any regranting envisioned. Priority for grant proposals must be given to proposals
87.29involving grants that will be competitively awarded.
87.30(e) Money from the parks and trails fund may only be spent on projects located
87.31in Minnesota.
87.32 (f) A state agency or other recipient of money from the parks and trails fund shall
87.33prominently display on the state agency's or other recipient's Web site home page, when
87.34applicable, the legacy logo required under Laws 2009, chapter 172, article 5, section
87.3510, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the
88.1phrase "Click here for more information." When a person clicks on the legacy logo image,
88.2the Web site must direct the person to a dedicated legacy page on the state agency's or
88.3other recipient's Web site. The dedicated legacy page must prominently display both the
88.4contact information for the state agency or other recipient that a person may use to obtain
88.5additional information, as well as a link to the Legislative Coordinating Commission Web
88.6site required under section 3.303, subdivision 10.
88.7(g) Future eligibility for money from the parks and trails fund is contingent upon a
88.8state agency or other recipient satisfying all applicable requirements in this section, as
88.9well as any additional requirements contained in applicable session law.
88.10 Sec. 3. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
88.11to read:
88.12 Subd. 12. Recipient requirements. (a) A state agency or other recipient of a direct
88.13appropriation from the outdoor heritage fund must compile and submit all information
88.14for funded projects or programs, including the proposed measurable outcomes and all
88.15other items required under section 3.303, subdivision 10, to the Legislative Coordinating
88.16Commission as soon as practicable or by the deadline specified in the enabling law,
88.17whichever comes first. The Legislative Coordinating Commission must post submitted
88.18information on the Web site required under section 3.303, subdivision 10, as soon as it
88.19becomes available.
88.20 (b) A state agency or other recipient of money from the outdoor heritage fund shall
88.21prominently display on the state agency's or other recipient's Web site home page, when
88.22applicable, the legacy logo required under Laws 2009, chapter 172, article 5, section
88.2310, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the
88.24phrase "Click here for more information." When a person clicks on the legacy logo image,
88.25the Web site must direct the person to a dedicated legacy page on the state agency's or
88.26other recipient's Web site. The dedicated legacy page must prominently display both the
88.27contact information for the state agency or other recipient that a person may use to obtain
88.28additional information, as well as a link to the Legislative Coordinating Commission Web
88.29site required under section 3.303, subdivision 10.
88.30(c) Future eligibility for money from the outdoor heritage fund is contingent upon a
88.31state agency or other recipient satisfying all applicable requirements in this section, as
88.32well as any additional requirements contained in applicable session law.
88.33 Sec. 4. Minnesota Statutes 2010, section 114D.50, subdivision 4, is amended to read:
89.1 Subd. 4. Expenditures; accountability. (a) A project receiving funding from the
89.2clean water fund must meet or exceed the constitutional requirements to protect, enhance,
89.3and restore water quality in lakes, rivers, and streams and to protect groundwater and
89.4drinking water from degradation. Priority may be given to projects that meet more than
89.5one of these requirements. A project receiving funding from the clean water fund shall
89.6include measurable outcomes, as defined in section
89.7measuring and evaluating the results. A project must be consistent with current science
89.8and incorporate state-of-the-art technology.
89.9(b) Money from the clean water fund shall be expended to balance the benefits
89.10across all regions and residents of the state.
89.11(c)
89.12water fund must compile and submit all information for proposed and funded projects
89.13or programs, including the proposed measurable outcomes
89.14
89.15Legislative Coordinating Commission as soon as practicable or by the deadline specified
89.16in the enabling law, whichever comes first.
89.17
89.18information on the Web site required under section 3.303, subdivision 10, as soon as it
89.19becomes available. Information classified as not public under section
89.203
89.21(d) Grants funded by the clean water fund must be implemented according to section
89.23regranting envisioned. Priority for grant proposals must be given to proposals involving
89.24grants that will be competitively awarded.
89.25(e) Money from the clean water fund may only be spent on projects that benefit
89.26Minnesota waters.
89.27 (f) A state agency or other recipient of money from the clean water fund shall
89.28prominently display on the state agency's or other recipient's Web site home page, when
89.29applicable, the legacy logo required under Laws 2009, chapter 172, article 5, section
89.3010, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the
89.31phrase "Click here for more information." When a person clicks on the legacy logo image,
89.32the Web site must direct the person to a dedicated legacy page on the state agency's or
89.33other recipient's Web site. The dedicated legacy page must prominently display both the
89.34contact information for the state agency or other recipient that a person may use to obtain
89.35additional information, as well as a link to the Legislative Coordinating Commission Web
89.36site required under section 3.303, subdivision 10.
90.1(g) Future eligibility for money from the clean water fund is contingent upon a state
90.2agency or other recipient satisfying all applicable requirements in this section, as well as
90.3any additional requirements contained in applicable session law.
90.4 Sec. 5. Minnesota Statutes 2010, section 129D.17, subdivision 2, is amended to read:
90.5 Subd. 2. Expenditures; accountability. (a) Funding from the arts and cultural
90.6heritage fund may be spent only for arts, arts education, and arts access, and to preserve
90.7Minnesota's history and cultural heritage. A project or program receiving funding from
90.8the arts and cultural heritage fund must include measurable outcomes, and a plan for
90.9measuring and evaluating the results. A project or program must be consistent with current
90.10scholarship, or best practices, when appropriate and must incorporate state-of-the-art
90.11technology when appropriate.
90.12(b) Funding from the arts and cultural heritage fund may be granted for an entire
90.13project or for part of a project so long as the recipient provides a description and cost for
90.14the entire project and can demonstrate that it has adequate resources to ensure that the
90.15entire project will be completed.
90.16(c) Money from the arts and cultural heritage fund shall be expended for benefits
90.17across all regions and residents of the state.
90.18(d)
90.19cultural heritage fund must compile and submit all information for funded projects or
90.20programs, including the proposed measurable outcomes and all other items required under
90.21section 3.303, subdivision 10,
90.22Commission
90.23law, whichever comes first.
90.24
90.25the Web site required under section 3.303, subdivision 10, as soon as it becomes available.
90.26(e) Grants funded by the arts and cultural heritage fund must be implemented
90.27according to section
90.28grant proposals must be given to proposals involving grants that will be competitively
90.29awarded.
90.30(f) All money from the arts and cultural heritage fund must be for projects located
90.31in Minnesota.
90.32 (g) A state agency or other recipient of money from the arts and cultural heritage
90.33fund shall prominently display on the state agency's or other recipient's Web site home
90.34page, when applicable, the legacy logo required under Laws 2009, chapter 172, article 5,
90.35section 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by
91.1the phrase "Click here for more information." When a person clicks on the legacy logo
91.2image, the Web site must direct the person to a dedicated legacy page on the state agency's
91.3or other recipient's Web site. The dedicated legacy page must prominently display both the
91.4contact information for the state agency or other recipient that a person may use to obtain
91.5additional information, as well as a link to the Legislative Coordinating Commission Web
91.6site required under section 3.303, subdivision 10.
91.7(h) Future eligibility for money from the arts and cultural heritage fund is contingent
91.8upon a state agency or other recipient satisfying all applicable requirements in this section,
91.9as well as any additional requirements contained in applicable session law.
91.10 Sec. 6. APPLICABILITY.
91.11Sections 7 to 10 apply to any appropriation for fiscal year 2012 or 2013 from a legacy
91.12fund. For the purposes of sections 7 to 10, "legacy fund" means the outdoor heritage fund,
91.13the clean water fund, the parks and trails fund, or the arts and cultural heritage fund
91.14 Sec. 7. GENERAL PROVISIONS.
91.15 Subdivision. 1. Grants. Grants funded by a legacy fund must be implemented
91.16according to Minnesota Statutes, section 16B.98, and the responsible entity must account
91.17for all expenditures of funds.
91.18 Subd. 2. Constitution. A recipient of money from a legacy fund must comply with
91.19the Minnesota Constitution, article XI, section 15, and may not substitute money received
91.20from a legacy fund for a traditional source of funding.
91.21 Subd. 3. Trusts and similar instruments. A recipient of money from a legacy fund
91.22must not use the money to fund a trust, endowment, or similar instrument unless:
91.23(1) the entity reports no later than February 1 each year to the commissioner of
91.24management and budget and the legislative committees with jurisdiction over legacy
91.25funds regarding the recipient's use and fiduciary stewardship of legacy funds during the
91.26period; and
91.27(2) the entity submits to regular audits of the trust, endowment, or similar instrument
91.28by the Office of the Legislative Auditor.
91.29 Sec. 8. LEGACY FUNDS RECIPIENT REPORT.
91.30(a) A state agency or other recipient of a direct appropriation from a legacy fund
91.31shall submit a report to the Legislative Reference Library as provided under Minnesota
91.32Statutes, section 3.195, and to the Legislative Coordinating Commission that contains all
91.33of the information required under Minnesota Statutes, section 3.303, subdivision 10.
92.1(b) A state agency or other recipient of a direct appropriation from a legacy fund
92.2must submit a report containing all available and required information by January 15,
92.32012, for appropriations in fiscal year 2012, and January 15, 2013, for appropriations in
92.4fiscal year 2013. If the nature of a funded project is such that all required information is
92.5not yet available by the applicable reporting deadline, a state agency or other recipient of a
92.6direct appropriation must submit any additional information required under Minnesota
92.7Statutes, section 3.303, subdivision 10, as soon as practicable.
92.8 Sec. 9. IN THE EVENT OF A LAWSUIT.
92.9(a) An appropriation or portion of an appropriation from a legacy fund is canceled to
92.10the extent that a court determines that the appropriation unconstitutionally substitutes for
92.11a traditional source of funding.
92.12(b) Any grant contract or similar agreement that awards money from a legacy fund
92.13must contain the information in paragraph (a).
92.14 Sec. 10. LEGACY ACCOUNTING; TECHNICAL ASSISTANCE.
92.15No later than January 1, 2012, the commissioner of management and budget shall
92.16finalize guidance and best practices to assist state agencies in uniformly accounting for
92.17their expenditure of legacy funds. The commissioner shall make this information available
92.18to all state agencies identified in this act.
92.19 Sec. 11. LAND PURCHASES OUTSIDE SEVEN-COUNTY METROPOLITAN
92.20AREA; MORATORIUM.
92.21Notwithstanding any law to the contrary, for a period of one year from the effective
92.22date of this section, the Lessard-Sams Outdoor Heritage Council may not recommend
92.23the purchase of any land outside the seven-county metropolitan area, except they may
92.24purchase school trust lands to enhance the value of the trust.