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SF 1632

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 02/10/2012 08:07am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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23.1

A bill for an act
relating to natural resources; appropriating money from the outdoor heritage
fund; modifying requirements for outdoor heritage fund appropriations;
amending Minnesota Statutes 2010, section 97A.056, by adding subdivisions.

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

Section 1. new text beginOUTDOOR HERITAGE APPROPRIATION.new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this act. The appropriations are from the outdoor
heritage fund and are available for the fiscal years indicated for each purpose. The figures
"2012" and "2013" used in this act means that the appropriations listed under the figure are
available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The
first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" is
fiscal years 2012 and 2013. The appropriations in this act are onetime.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2012
new text end
new text begin 2013
new text end

Sec. 2. new text beginOUTDOOR HERITAGE
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 99,920,000
new text end

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

new text begin Subd. 2. new text end

new text begin Prairies
new text end

new text begin -0-
new text end
new text begin 24,640,000
new text end
new text begin (a) new text end new text begin Minnesota Buffers for Wildlife and Water
- Phase II
new text end

new text begin $2,090,000 in the second year is to the
Board of Water and Soil Resources in
cooperation with Pheasants Forever to
acquire permanent conservation easements
to enhance habitat by expanding clean water
fund riparian wildlife buffers on private land.
A list of proposed permanent conservation
easements must be provided as part of the
final report. The accomplishment plan must
include an easement stewardship plan. Up
to $90,000 is for establishing a monitoring
and enforcement fund as approved in
the accomplishment plan and subject to
Minnesota Statutes, section 97A.056,
subdivision 17. An annual financial report is
required for any monitoring and enforcement
fund established, including expenditures
from the fund and a description of annual
monitoring and enforcement activities.
new text end

new text begin (b) new text end new text begin Minnesota Prairie Recovery Project - Phase
III
new text end

new text begin $4,610,000 in the second year is to the
commissioner of natural resources for an
agreement with The Nature Conservancy to
acquire native prairie and savanna and restore
and enhance grasslands and savanna. A list of
proposed land acquisitions must be provided
as part of the required accomplishment plan.
Annual income statements and balance sheets
for income and expenses from land acquired
with this appropriation must be submitted to
the Lessard-Sams Outdoor Heritage Council
no later than 180 days following the close of
The Nature Conservancy's fiscal year.
new text end

new text begin (c) new text end new text begin Cannon River Headwaters Habitat
Complex - Phase II
new text end

new text begin $1,760,000 in the second year is to the
commissioner of natural resources for an
agreement with The Trust for Public Land
to acquire and restore lands in the Cannon
River watershed for wildlife management
area purposes under Minnesota Statutes,
section 86A.05, subdivision 8, or aquatic
management area purposes under Minnesota
Statutes, sections 86A.05, subdivision
14, and 97C.02. A list of proposed land
acquisitions must be provided as part of the
required accomplishment plan.
new text end

new text begin (d) new text end new text begin Wildlife Management Area Acquisition
new text end

new text begin $2,900,000 in the second year is to the
commissioner of natural resources to acquire
land in fee for wildlife management area
purposes under Minnesota Statutes, section
86A.05, subdivision 8. A list of proposed
land acquisitions must be provided as part of
the required accomplishment plan.
new text end

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

new text begin $1,580,000 in the second year is to the
commissioner of natural resources for an
agreement with The Nature Conservancy
in cooperation with the United States Fish
and Wildlife Service to acquire land in
fee or permanent conservation easements
within the Northern Tallgrass Prairie Habitat
Preservation Area in western Minnesota for
addition to the Northern Tallgrass Prairie
National Wildlife Refuge. A list of proposed
land acquisitions must be provided as part
of the required accomplishment plan. The
accomplishment plan must include an
easement monitoring and enforcement plan.
new text end

new text begin (f) new text end new text begin Accelerating the Wildlife Management Area
Program - Phase IV
new text end

new text begin $3,300,000 in the second year is to the
commissioner of natural resources for an
agreement with Pheasants Forever to acquire
land in fee for wildlife management area
purposes under Minnesota Statutes, section
86A.05, subdivision 8. A list of proposed
land acquisitions must be provided as part of
the required accomplishment plan.
new text end

new text begin (g) new text end new text begin Green Corridor Legacy Program - Phase IV
new text end

new text begin $1,730,000 in the second year is to the
commissioner of natural resources for
an agreement with the Redwood Area
Development Corporation to acquire land in
fee for wildlife management area purposes
under Minnesota Statutes, section 86A.05,
subdivision 8, and for aquatic management
areas under Minnesota Statutes, sections
86A.05, subdivision 14, and 97C.02. A list of
proposed land acquisitions must be provided
as part of the required accomplishment plan.
new text end

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

new text begin $4,300,000 in the second year is to the
commissioner of natural resources to
accelerate the restoration and enhancement
of wildlife management areas, scientific
and natural areas, and land under native
prairie bank easements. A list of proposed
restorations and enhancements must
be provided as part of the required
accomplishment plan.
new text end

new text begin (i) new text end new text begin Anoka Sand Plain Habitat Restoration and
Enhancement - Phase II
new text end

new text begin $1,050,000 in the second year is to the
commissioner of natural resources for
agreements to restore and enhance habitat on
public lands in the Anoka Sand Plain and
along the Rum River as follows: $558,750 to
Great River Greening; $99,400 to the Anoka
Conservation District; and $391,850 to the
National Wild Turkey Federation. A list
of proposed restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (j) new text end new text begin Enhanced Public Grasslands
new text end

new text begin $1,320,000 in the second year is to the
commissioner of natural resources for
an agreement with Pheasants Forever in
cooperation with the Minnesota Prairie
Chicken Society to restore and enhance
habitat on public lands. The criteria for
selection of projects must be included in the
accomplishment plan. A list of proposed
restorations and enhancements must be
provided as part of the final report.
new text end

new text begin Subd. 3. new text end

new text begin Forests
new text end

new text begin -0-
new text end
new text begin 17,300,000
new text end
new text begin (a) new text end new text begin Protecting Mississippi River Corridor
Habitat ACUB Partnership - Phase II
new text end

new text begin $480,000 in the second year is to the
Board of Water and Soil Resources to
acquire permanent conservation easements
on land adjacent to the Nokasippi River
and the boundaries of the Minnesota
National Guard Army compatible use buffer
(ACUB). A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement stewardship
plan. Up to $4,800 is for establishing
a monitoring and enforcement fund as
approved in the accomplishment plan and
subject to Minnesota Statutes, section
97A.056, subdivision 17. An annual financial
report is required for any monitoring and
enforcement fund established, including
expenditures from the fund and a description
of annual monitoring and enforcement
activities.
new text end

new text begin (b) new text end new text begin Mississippi Northwoods Habitat Complex
Protection
new text end

new text begin $14,040,000 in the second year is to the
commissioner of natural resources for an
agreement with Crow Wing County to
acquire land in fee along the Mississippi
River in Crow Wing County to be added
to the county forest system. The purchase
price must not exceed the appraised fair
market value of the property as reviewed
and approved under established procedures
in compliance with the Uniform Standards
of Professional Appraisal Practice and
the Department of Natural Resources'
Supplemental Appraisal and Appraisal
Review Guidelines (effective July 15,
2009). A land description must be provided
as part of the required accomplishment
plan. Development of a paved trail on land
acquired under this paragraph constitutes an
alteration of the intended use of the interest in
real property and must be handled according
to Minnesota Statutes, section 97A.056,
subdivision 15. Any plan, including trail
alignment, for the development of a paved
trail must be submitted to the Lessard-Sams
Outdoor Heritage Council for approval. No
paved trail development or paved trail use
is allowed unless it is specified in the plan
for trail use and alignment approved by the
Lessard-Sams Outdoor Heritage Council.
new text end

new text begin (c) new text end new text begin Northeastern Minnesota Sharp-Tailed
Grouse Habitat Partnership - Phase III
new text end

new text begin $1,340,000 in the second year is to the
commissioner of natural resources for
an agreement with Pheasants Forever in
cooperation with the Minnesota Sharp-Tailed
Grouse Society to acquire and enhance
lands for wildlife management area purposes
under Minnesota Statutes, section 86A.05,
subdivision 8. A list of proposed land
acquisitions must be provided as part of the
required accomplishment plan.
new text end

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

new text begin $480,000 in the second year is to the
commissioner of natural resources for an
agreement with Cass County to acquire land
in fee in Cass County for forest wildlife
habitat. A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (e) new text end new text begin Minnesota Moose Habitat Collaborative
new text end

new text begin $960,000 in the second year is to the
commissioner of natural resources for an
agreement with the Minnesota Deer Hunters
Association to restore and enhance public
forest lands in northeastern Minnesota
for moose habitat purposes. A list of
proposed restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin Subd. 4. new text end

new text begin Wetlands
new text end

new text begin -0-
new text end
new text begin 31,140,000
new text end
new text begin (a) new text end new text begin Reinvest in Minnesota Wetlands Reserve
Program Partnership - Phase IV
new text end

new text begin $13,810,000 in the second year is to the
Board of Water and Soil Resources to
acquire permanent conservation easements
and restore wetlands and associated upland
habitat in cooperation with the United
States Department of Agriculture Wetlands
Reserve Program. A list of land acquisitions
must be provided as part of the final report.
The accomplishment plan must include
an easement stewardship plan. Up to
$180,000 is for establishing a monitoring
and enforcement fund as approved in
the accomplishment plan and subject to
Minnesota Statutes, section 97A.056,
subdivision 17. An annual financial report is
required for any monitoring and enforcement
fund established, including expenditures
from the fund and a description of annual
monitoring and enforcement activities.
new text end

new text begin (b) new text end new text begin Accelerating the Waterfowl Production
Area Program - Phase IV
new text end

new text begin $5,400,000 in the second year is to the
commissioner of natural resources for an
agreement with Pheasants Forever to acquire
land in fee to be managed and designated as
waterfowl production areas in Minnesota,
in cooperation with the United States Fish
and Wildlife Service. A list of proposed land
acquisitions must be provided as part of the
required accomplishment plan.
new text end

new text begin (c) new text end new text begin Columbus Lake Conservation Area
new text end

new text begin $940,000 in the second year is to the
commissioner of natural resources for an
agreement with Anoka County to acquire
land in fee for conservation purposes that
connect wetlands and shallow lakes to
the Lamprey Pass Wildlife Management
Area. A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (d) new text end new text begin Living Shallow Lakes and Wetlands
Initiative - Phase II
new text end

new text begin $4,490,000 in the second year is to the
commissioner of natural resources for an
agreement with Ducks Unlimited to assess,
restore, and enhance shallow lakes and
wetlands, including technical assistance,
survey, design, and engineering to develop
new enhancement and restoration projects
for future implementation. A list of
proposed restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (e) new text end new text begin Accelerated Shallow Lakes and Wetlands
Enhancement - Phase IV
new text end

new text begin $3,870,000 in the second year is to the
commissioner of natural resources to
develop engineering designs and complete
construction to enhance shallow lakes and
wetlands. A list of proposed restorations and
enhancements must be provided as part of
the required accomplishment plan. Work
must be completed within three years of the
effective date of this act.
new text end

new text begin (f) new text end new text begin Marsh Lake Enhancement
new text end

new text begin $2,630,000 in the second year is to the
commissioner of natural resources to
complete design and construction to modify
the dam at Marsh Lake and return the historic
outlet of the Pomme de Terre River to Lac
Qui Parle.
new text end

new text begin Subd. 5. new text end

new text begin Habitats
new text end

new text begin -0-
new text end
new text begin 26,620,000
new text end
new text begin (a) new text end new text begin DNR Aquatic Habitat - Phase IV
new text end

new text begin $3,480,000 in the second year is to the
commissioner of natural resources to
acquire interests in land in fee or permanent
conservation easements for aquatic
management areas under Minnesota Statutes,
sections 86A.05, subdivision 14, and
97C.02, and to restore and enhance aquatic
habitat. A list of proposed land acquisitions
must be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement stewardship
plan. Up to $25,000 is for establishing
a monitoring and enforcement fund as
approved in the accomplishment plan and
subject to Minnesota Statutes, section
97A.056, subdivision 17. An annual financial
report is required for any monitoring and
enforcement fund established, including
expenditures from the fund and a description
of annual monitoring and enforcement
activities.
new text end

new text begin (b) new text end new text begin Metro Big Rivers Habitat - Phase III
new text end

new text begin $3,680,000 in the second year is to the
commissioner of natural resources for
agreements to acquire interests in land in
fee or permanent conservation easements
and to restore and enhance natural systems
associated with the Mississippi, Minnesota,
and St. Croix Rivers as follows: $1,000,000
to the Minnesota Valley National Wildlife
Refuge Trust, Inc.; $375,000 to the Friends
of the Mississippi; $375,000 to Great River
Greening; $930,000 to The Minnesota
Land Trust; and $1,000,000 to The Trust
for Public Land. A list of proposed
acquisitions, restorations, and enhancements
must be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement stewardship
plan. Up to $51,000 is for establishing
a monitoring and enforcement fund as
approved in the accomplishment plan and
subject to Minnesota Statutes, section
97A.056, subdivision 17. An annual financial
report is required for any monitoring and
enforcement fund established, including
expenditures from the fund and a description
of annual monitoring and enforcement
activities.
new text end

new text begin (c) new text end new text begin Dakota County Riparian and Lakeshore
Protection and Management - Phase III
new text end

new text begin $480,000 in the second year is to the
commissioner of natural resources for an
agreement with Dakota County to acquire
permanent conservation easements and
restore and enhance habitats along the
Mississippi, Cannon, and Vermillion Rivers.
A list of proposed acquisitions, restorations,
and enhancements must be provided as
part of the required accomplishment plan.
The accomplishment plan must include
an easement stewardship plan. Up to
$20,000 is for establishing a monitoring
and enforcement fund as approved in
the accomplishment plan and subject to
Minnesota Statutes, section 97A.056,
subdivision 17. An annual financial report is
required for any monitoring and enforcement
fund established, including expenditures
from the fund and a description of annual
monitoring and enforcement activities.
new text end

new text begin (d) new text end new text begin Lower St. Louis River Habitat Restoration
new text end

new text begin $3,670,000 in the second year is to the
commissioner of natural resources to restore
habitat in the lower St. Louis River estuary.
A list of proposed projects must be provided
as part of the required accomplishment plan.
new text end

new text begin (e) new text end new text begin Coldwater Fish Habitat Enhancement -
Phase IV
new text end

new text begin $2,120,000 in the second year is to the
commissioner of natural resources for an
agreement with Minnesota Trout Unlimited
to restore and enhance coldwater fish river
and stream habitats in Minnesota. A list
of proposed restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (f) new text end new text begin Grand Marais Creek Outlet Restoration
new text end

new text begin $2,320,000 in the second year is to the
commissioner of natural resources for an
agreement with the Red Lake Watershed
District to restore and enhance stream and
related habitat in Grand Marais Creek. A list
of proposed restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (g) new text end new text begin Knife River Habitat Restoration
new text end

new text begin $380,000 in the second year is to the
commissioner of natural resources for an
agreement with the Lake Superior Steelhead
Association to restore trout habitat in the
Upper Knife River Watershed. A list of
proposed restorations must be provided as
part of the required accomplishment plan.
new text end

new text begin (h) new text end new text begin Protect Aquatic Habitat from Asian Carp
new text end

new text begin $5,500,000 in the second year is to the
commissioner of natural resources to provide
structural deterrents for Asian carp to protect
Minnesota's aquatic habitat. Use of this
money requires a one-to-one match for
projects on state boundary waters.
new text end

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

new text begin $4,990,000 in the second year is to the
commissioner of natural resources for a
program to provide competitive, matching
grants of up to $400,000 to local, regional,
state, and national organizations for
enhancing, restoring, or protecting forests,
wetlands, prairies, and habitat for fish, game,
or wildlife in Minnesota. Grants shall not
be made for activities required to fulfill
the duties of owners of lands subject to
conservation easements. Grants shall not be
made from appropriations in this paragraph
for projects that have a total project cost
exceeding $575,000. $366,000 of this
appropriation may be spent for personnel
costs and other direct and necessary
administrative costs. Grantees may acquire
land or interests in land. Easements must be
permanent. Land acquired in fee must be
open to hunting and fishing during the open
season unless otherwise provided by state
law. The program shall require a match of
at least ten percent from nonstate sources
for all grants. The match may be cash or
in-kind resources. For grant applications
of $25,000 or less, the commissioner shall
provide a separate, simplified application
process. Subject to Minnesota Statutes, the
commissioner of natural resources shall,
when evaluating projects of equal value,
give priority to organizations that have a
history of receiving or charter to receive
private contributions for local conservation
or habitat projects. If acquiring land or a
conservation easement, priority shall be
given to projects associated with existing
wildlife management areas under Minnesota
Statutes, section 86A.05, subdivision 8;
scientific and natural areas under Minnesota
Statutes, sections 84.033 and 86A.05,
subdivision 5; and aquatic management areas
under Minnesota Statutes, sections 86A.05,
subdivision 14, and 97C.02. All restoration
or enhancement projects must be on land
permanently protected by a conservation
easement or public ownership or in public
waters as defined in Minnesota Statutes,
section 103G.005, subdivision 15. Priority
shall be given to restoration and enhancement
projects on public lands. Minnesota Statutes,
section 97A.056, subdivision 12, applies
to grants awarded under this paragraph.
This appropriation is available until June
30, 2016. No less than five percent of the
amount of each grant must be held back from
reimbursement until the grant recipient has
completed a grant accomplishment report by
the deadline and in the form prescribed by
and satisfactory to the Lessard-Sams Outdoor
Heritage Council. The commissioner shall
provide notice of the grant program in
the game and fish law summaries that are
prepared under Minnesota Statutes, section
97A.051, subdivision 2.
new text end

new text begin Subd. 6. new text end

new text begin Administration
new text end

new text begin -0-
new text end
new text begin 220,000
new text end
new text begin (a) new text end new text begin Contract Management
new text end

new text begin $175,000 in the second year is to the
commissioner of natural resources for
contract management duties assigned in this
section. The commissioner shall provide a
work program in the form specified by the
Lessard-Sams Outdoor Heritage Council
on the expenditure of this appropriation.
No money may be expended prior to
Lessard-Sams Outdoor Heritage Council
approval of the work program.
new text end

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

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

new text begin Subd. 7. new text end

new text begin Availability of Appropriation
new text end

new text begin Money appropriated in this section may
not be spent on activities unless they are
directly related to and necessary for a
specific appropriation and are specified in
the accomplishment plan approved by the
Lessard-Sams Outdoor Heritage Council.
Money appropriated in this section must not
be spent on indirect costs or other institutional
overhead charges that are not directly related
to and necessary for a specific appropriation.
Unless otherwise provided, the amounts
in this section are available until June 30,
2015, when projects must be completed and
final accomplishments reported. Funds for
restoration or enhancement are available
until June 30, 2017, or four years after
acquisition, whichever is later, in order to
complete initial restoration or enhancement
work. If a project receives federal funds, the
time period of the appropriation is extended
to equal the availability of federal funding.
Funds appropriated for fee title acquisition
of land may be used to restore, enhance, and
provide for public use of the land acquired
with the appropriation. Public use facilities
must have a minimal impact on habitat in
acquired lands.
new text end

new text begin Subd. 8. new text end

new text begin Payment Conditions and Capital
Equipment Expenditures
new text end

new text begin All agreements referred to in this section must
be administered on a reimbursement basis
unless otherwise provided in this section.
Notwithstanding Minnesota Statutes, section
16A.41, expenditures directly related to each
appropriation's purpose made on or after July
1, 2012, or the date of accomplishment plan
approval, whichever is later, are eligible for
reimbursement unless otherwise provided in
this section. Periodic reimbursement must
be made upon receiving documentation that
the items articulated in the accomplishment
plan approved by the Lessard-Sams Outdoor
Heritage Council have been achieved,
including partial achievements as evidenced
by progress reports approved by the
Lessard-Sams Outdoor Heritage Council.
Reasonable amounts may be advanced to
projects to accommodate cash flow needs,
support future management of acquired
lands, or match a federal share. The
advances must be approved as part of the
accomplishment plan. Capital equipment
expenditures for specific items in excess of
$10,000 must be itemized in and approved as
part of the accomplishment plan.
new text end

Sec. 3.

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


new text begin Subd. 12. new text end

new text begin Accomplishment plans. new text end

new text begin It is a condition of acceptance of money
appropriated from the outdoor heritage fund that the agency or entity using the
appropriation submits an accomplishment plan and periodic accomplishment reports
to the Lessard-Sams Outdoor Heritage Council in the form determined by the council.
The accomplishment plan must identify the project manager responsible for expending
the appropriation and the final product. The accomplishment plan must account for
the use of the appropriation and outcomes of the expenditure in measures of wetlands,
prairies, forests, and fish, game, and wildlife habitat restored, protected, and enhanced.
The plan must include an evaluation of results. If lands are acquired by fee with money
from the outdoor heritage fund, the accomplishment plan must include a hunting and
fishing management plan for the lands acquired by fee. No money appropriated from the
outdoor heritage fund may be expended unless the council has approved the pertinent
accomplishment plan.
new text end

Sec. 4.

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


new text begin Subd. 13. new text end

new text begin Project requirements. new text end

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

new text begin (b) All conservation easements acquired with money appropriated from the outdoor
heritage fund must:
new text end

new text begin (1) be permanent;
new text end

new text begin (2) specify the parties to the easement;
new text end

new text begin (3) specify all of the provisions of an agreement that are permanent;
new text end

new text begin (4) specify the habitat types and location being protected;
new text end

new text begin (5) where appropriate for conservation or water protection outcomes, require the
grantor to employ practices retaining water on the eased land as long as practicable;
new text end

new text begin (6) specify the responsibilities of the parties for habitat enhancement and restoration
and the associated costs of these activities;
new text end

new text begin (7) be sent to the office of the Lessard-Sams Outdoor Heritage Council;
new text end

new text begin (8) include a long-term stewardship plan and identify the sources and amount of
funding for monitoring and enforcing the easement agreement; and
new text end

new text begin (9) identify the parties responsible for monitoring and enforcing the easement
agreement.
new text end

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

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

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

new text begin (f) Except as otherwise provided in the appropriation, all restoration and
enhancement projects funded with money appropriated from the outdoor heritage fund
must be on land permanently protected by a conservation easement or public ownership or
in public waters as defined in section 103G.005, subdivision 15.
new text end

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

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

new text begin (i) A recipient of money appropriated from the outdoor heritage fund must erect
signage according to Laws 2009, chapter 172, article 5, section 10.
new text end

Sec. 5.

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


new text begin Subd. 14. new text end

new text begin Purchase of recycled and recyclable materials. new text end

new text begin A political subdivision,
public or private corporation, or other entity that receives money appropriated from the
outdoor heritage fund must use the money in compliance with sections 16B.121, regarding
purchase of recycled, repairable, and durable materials, and 16B.122, regarding purchase
and use of paper stock and printing.
new text end

Sec. 6.

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


new text begin Subd. 15. new text end

new text begin Land acquisition restrictions. new text end

new text begin (a) An interest in real property, including,
but not limited to, an easement or fee title, that is acquired with money appropriated
from the outdoor heritage fund must be used in perpetuity or for the specific term of an
easement interest for the purpose for which the appropriation was made. The ownership
of the interest in real property transfers to the state if: (1) the holder of the interest in
real property fails to comply with the terms and conditions of the grant agreement or
accomplishment plan; or (2) restrictions are placed on the land that preclude its use for the
intended purpose as specified in the appropriation.
new text end

new text begin (b) A recipient of funding that acquires an interest in real property subject to this
subdivision may not alter the intended use of the interest in real property or convey any
interest in the real property acquired with the appropriation without the prior review and
approval of the Lessard-Sams Outdoor Heritage Council or its successor. The council
shall notify the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over the outdoor heritage fund at least 15 business days before
approval under this paragraph. The council shall establish procedures to review requests
from recipients to alter the use of or convey an interest in real property. These procedures
shall allow for the replacement of the interest in real property with another interest in real
property meeting the following criteria:
new text end

new text begin (1) the interest must be at least equal in fair market value, as certified by the
commissioner of natural resources, to the interest being replaced; and
new text end

new text begin (2) the interest must be in a reasonably equivalent location and have a reasonably
equivalent useful conservation purpose compared to the interest being replaced, taking
into consideration all effects from fragmentation of the whole habitat.
new text end

new text begin (c) A recipient of funding who acquires an interest in real property under paragraph
(a) must separately record a notice of funding restrictions in the appropriate local
government office where the conveyance of the interest in real property is filed. The
notice of funding agreement must contain:
new text end

new text begin (1) a legal description of the interest in real property covered by the funding
agreement;
new text end

new text begin (2) a reference to the underlying funding agreement;
new text end

new text begin (3) a reference to this section; and
new text end

new text begin (4) the following statement: "This interest in real property shall be administered in
accordance with the terms, conditions, and purposes of the grant agreement controlling the
acquisition of the property. The interest in real property, or any portion of the interest in
real property, shall not be sold, transferred, pledged, or otherwise disposed of or further
encumbered without obtaining the prior written approval of the Lessard-Sams Outdoor
Heritage Council or its successor. The ownership of the interest in real property transfers to
the state if: (1) the holder of the interest in real property fails to comply with the terms and
conditions of the grant agreement or accomplishment plan; or (2) restrictions are placed
on the land that preclude its use for the intended purpose as specified in the appropriation."
new text end

Sec. 7.

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


new text begin Subd. 16. new text end

new text begin Real property interest report. new text end

new text begin (a) By December 1 each year, a recipient
of money appropriated from the outdoor heritage fund that is used for the acquisition of an
interest in real property, including, but not limited to, an easement or fee title, must submit
annual reports on the status of the real property to the Lessard-Sams Outdoor Heritage
Council or its successor in a form determined by the council. If lands are acquired by fee
with money from the outdoor heritage fund, the real property interest report must include
a verification of the status of the hunting and fishing management plan for the lands
acquired by fee. The responsibility for reporting under this subdivision may be transferred
by the recipient of the appropriation to another person or entity that holds the interest in
the real property. To complete the transfer of reporting responsibility, the recipient of
the appropriation must:
new text end

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

new text begin (2) inform the person to whom the responsibility is transferred of the property
restrictions under subdivision 15; and
new text end

new text begin (3) provide written notice to the council of the transfer of reporting responsibility,
including contact information for the person to whom the responsibility is transferred.
new text end

new text begin (b) After the transfer, the person or entity that holds the interest in the real property
is responsible for reporting requirements under this subdivision.
new text end

Sec. 8.

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


new text begin Subd. 17. new text end

new text begin Easement monitoring and enforcement requirements. new text end

new text begin Money
appropriated from the outdoor heritage fund for easement monitoring and enforcement
may be spent only on activities included in an easement monitoring and enforcement
plan contained within the accomplishment plan. Money received for monitoring and
enforcement, including earnings on the money received, shall be kept in a monitoring
and enforcement fund held by the organization and is appropriated for monitoring and
enforcing conservation easements in the state. Within 120 days after the close of the
entity's fiscal year, an entity receiving appropriations for easement monitoring and
enforcement must provide an annual financial report to the Lessard-Sams Outdoor
Heritage Council on the easement monitoring and enforcement fund as specified in the
accomplishment plan. Money appropriated from the outdoor heritage fund for monitoring
and enforcement of easements and earnings on the money appropriated shall revert
to the state if:
new text end

new text begin (1) the easement transfers to the state under subdivision 15;
new text end

new text begin (2) the holder of the easement fails to file an annual report and then fails to cure that
default within 30 days of notification of the default by the state; or
new text end

new text begin (3) the holder of the easement fails to comply with the terms of the monitoring and
enforcement plan contained within the accomplishment plan and fails to cure that default
within 90 days of notification of the default by the state.
new text end

Sec. 9.

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


new text begin Subd. 18. new text end

new text begin Successor organizations. new text end

new text begin The Lessard-Sams Outdoor Heritage Council
may approve the continuation of a project with an organization that has adopted a new
name. Continuation of a project with an organization that has undergone a significant
change in mission, structure, or purpose requires:
new text end

new text begin (1) notice to the chairs of the legislative committees and divisions with jurisdiction
over the outdoor heritage fund; and
new text end

new text begin (2) presentation by the council of proposed legislation either ratifying or rejecting
continued involvement with the new organization.
new text end

Sec. 10.

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


new text begin Subd. 19. new text end

new text begin Fee title acquisition; open season. new text end

new text begin (a) Lands acquired by fee with
money appropriated from the outdoor heritage fund that are held by the state must be open
to the public taking of fish and game during the open season, unless otherwise provided by
state law.
new text end

new text begin (b) Lands acquired by fee with money appropriated from the outdoor heritage fund
that are held by the U.S. Fish and Wildlife Service must be open to the public taking of
fish and game during the open season according to the National Wildlife Refuge System
Improvement Act, United States Code, title 16, section 668dd, et seq.
new text end

new text begin (c) Except as provided in paragraph (b), lands acquired by fee with money
appropriated from the outdoor heritage fund that are held by a nonstate entity must be open
to the public taking of fish and game during the open season, unless otherwise prescribed
by the commissioner of natural resources.
new text end

new text begin EFFECTIVE DATE. new text end

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