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SF 2492

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to state government; appropriating money for environment and
natural resources; providing for repayment of certain appropriations from the
environment and natural resources trust fund; amending Minnesota Statutes
2006, section 116P.10.

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

Section 1. new text begin MINNESOTA RESOURCES 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 general
fund, or another named fund, and are available for the fiscal years indicated for each
purpose. The figures "2008" and "2009" used in this article mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. "The first year" is fiscal year 2008. "The second year" is fiscal year 2009.
"The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal year ending
June 30, 2008, are effective the day following final enactment.
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 2008
new text end
new text begin 2009
new text end

Sec. 2. new text begin MINNESOTA RESOURCES.
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 86,000
new text end
new text begin $
new text end
new text begin 22,866,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2008
new text end
new text begin 2009
new text end
new text begin Environment and
Natural Resources
Trust
new text end
new text begin -0-
new text end
new text begin 22,866,000
new text end
new text begin Great Lakes
Protection Account
new text end
new text begin 86,000
new text end
new text begin -0-
new text end

new text begin Appropriations are available for two
years beginning July 1, 2008, unless
otherwise stated in the appropriation. Any
unencumbered balance remaining in the first
year does not cancel and is available for the
second year.
new text end

new text begin Subd. 2. new text end

new text begin Definitions
new text end

new text begin (a) "Trust fund" means the Minnesota
environment and natural resources trust fund
referred to in Minnesota Statutes, section
116P.02, subdivision 6.
new text end

new text begin (b) "Great Lakes protection account" means
the account referred to in Minnesota Statutes,
section 116Q.02.
new text end

new text begin Subd. 3. new text end

new text begin Land and Habitat
new text end

new text begin -0-
new text end
new text begin 15,817,000
new text end
new text begin Appropriations by Fund
new text end
new text begin Trust Fund
new text end
new text begin -0-
new text end
new text begin 15,817,000
new text end
new text begin (a) Metro Conservation Corridors (MeCC) –
Phase IV
new text end

new text begin $3,150,000 is from the trust fund to the
commissioner of natural resources for
the fourth appropriation for acceleration
of agency programs and cooperative
agreements. Of this appropriation,
$1,915,000 is for Department of Natural
Resources agency programs and $1,235,000
is for agreements as follows: $475,000 with
the Trust for Public Land; $92,000 with
Friends of the Mississippi River; $111,000
with Great River Greening; $225,000 with
Minnesota Land Trust; $225,000 with
Minnesota Valley National Wildlife Refuge
Trust, Inc.; and $107,000 with Friends of
the Minnesota Valley for the purposes of
planning, restoring, and protecting important
natural areas in the metropolitan area, as
defined under Minnesota Statutes, section
473.121, subdivision 2, and portions of
the surrounding counties, through grants,
contracted services, conservation easements,
and fee title acquisition. Land acquired
with this appropriation must be sufficiently
improved to meet at least minimum
management standards as determined by
the commissioner of natural resources.
Expenditures are limited to the identified
project corridor areas as defined in the work
program. This appropriation may not be used
for the purchase of residential structures,
unless expressly approved in the work
program. All conservation easements must
be perpetual and have a natural resource
management plan. Any land acquired in fee
title by the commissioner of natural resources
with money from this appropriation must
be designated as an outdoor recreation unit
under Minnesota Statutes, section 86A.07.
The commissioner may similarly designate
any lands acquired in less than fee title. A
list of proposed restorations and fee title
and easement acquisitions must be provided
as part of the required work program. All
funding for conservation easements must
include a long-term stewardship plan and
funding for monitoring and enforcing the
agreement.
new text end

new text begin (b) Vermillion River Corridor Acquisition and
Restoration in Dakota County
new text end

new text begin $400,000 is from the trust fund to the
commissioner of natural resources for
an agreement with Dakota County to
develop and implement a comprehensive
and integrated water quality, wildlife
habitat, and outdoor recreational corridor
plan in the Vermillion River watershed
through easement and fee title acquisition
and restoration. At least 90 percent of
this appropriation must be spent on the
implementation of the comprehensive plan.
A list of proposed restorations and fee title
and easement acquisitions must be provided
as part of the required work program. All
funding for conservation easements must
include a long-term stewardship plan and
funding for monitoring and enforcing the
agreement. This appropriation is available
until June 30, 2011, at which time the
project must be completed and final products
delivered, unless an earlier date is specified
in the work program. On January 2, 2009, the
unobligated balance of the appropriation for
Dakota County wildlife habitat acquisition
and development in Laws 1999, chapter 231,
section 16, subdivision 13, paragraph (m), is
transferred and added to this appropriation.
new text end

new text begin (c) Minnesota Habitat Conservation Partnership
– Phase V
new text end

new text begin $3,150,000 is from the trust fund for the
fifth appropriation for acceleration of agency
programs and cooperative agreements. Of
this appropriation, $250,000 is to the Board
of Water and Soil Resources; $733,500 is
to the commissioner of natural resources
for agency programs; and $2,166,500 is
for agreements as follows: $420,000 with
Pheasants Forever; $30,000 with Minnesota
Deer Hunters Association; $597,500 with
Ducks Unlimited, Inc.; $85,000 with
National Wild Turkey Federation; $317,000
with the Nature Conservancy; $210,000
with Minnesota Land Trust; $350,000 with
the Trust for Public Land; $50,000 with
Minnesota Valley National Wildlife Refuge
Trust, Inc.; $30,000 with U. S. Fish and
Wildlife Service; $30,000 with the Leech
Lake Band of Chippewa; $27,000 with
the Fond du Lac Band of Chippewa; and
$20,000 with Friends of Detroit Lakes
Watershed Management District to plan,
restore, and acquire fragmented landscape
corridors that connect areas of quality habitat
to sustain fish, wildlife, and plants. The
USDA-Natural Resources Conservation
Service is a cooperating partner in the
appropriation. Expenditures are limited to
the project corridor areas as defined in the
work program. Land acquired with this
appropriation must be sufficiently improved
to meet at least minimum habitat and facility
management standards as determined by
the commissioner of natural resources.
This appropriation may not be used for the
purchase of residential structures, unless
expressly approved in the work program. All
conservation easements must be perpetual
and have a natural resource management
plan. Any land acquired in fee title by the
commissioner of natural resources with
money from this appropriation must be
designated as an outdoor recreation unit
under Minnesota Statutes, section 86A.07.
The commissioner may similarly designate
any lands acquired in less than fee title. A
list of proposed restorations and fee title
and easement acquisitions must be provided
as part of the required work program. All
funding for conservation easements must
include a long-term stewardship plan and
funding for monitoring and enforcing the
agreement.
new text end

new text begin (d) Preserving the Avon Hills Landscape
new text end

new text begin $337,000 is from the trust fund to the
commissioner of natural resources for
a grant to Saint John's Arboretum and
University for community outreach, in
cooperation with the Minnesota Land Trust;
conservation easements, in cooperation
with the Minnesota Land Trust; and local
ordinance reviews and recommendations for
the Avon Hills landscape in Stearns County.
A list of proposed fee title and easement
acquisitions must be provided as part of
the required work program. All funding
for conservation easements must include a
long-term stewardship plan and appropriate
funding for monitoring. This appropriation
is available until June 30, 2011, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.
new text end

new text begin (e) Minnesota River Valley Green Corridor Land
Protection
new text end

new text begin $1,000,000 is from the trust fund to the
commissioner of natural resources for an
agreement with the Southwest Initiative
Foundation for planning, acquisition, and
easements in the Minnesota River Valley.
The priority for acquisition must be on
lands with native prairies, unique geological
features, fens, and wetlands not currently
under a permanent protection program. A
list of proposed restorations and fee title
and easement acquisitions must be provided
as part of the required work program. All
funding for conservation easements must
include a long-term stewardship plan and
funding for monitoring and enforcing the
agreement. No more than ten percent may be
spent on planning and management.
new text end

new text begin (f) Scientific and Natural Area Acquisition
new text end

new text begin $1,000,000 is from the trust fund to the
commissioner of natural resources for
acquisition of scientific and natural areas in
the southern two-thirds of Minnesota. A list
of proposed acquisitions must be provided as
part of the required work program.
new text end

new text begin (g) State Land Acquisition Consolidation
new text end

new text begin $500,000 is from the trust fund to the
commissioner of natural resources to
consolidate state land ownership through
acquisition and sale to reduce forest
fragmentation and enhance management
efficiency. A list of proposed fee title and
easement acquisitions must be provided
as part of the required work program. All
funding for conservation easements must
include a long-term stewardship plan and
funding for monitoring and enforcing the
agreement. Minnesota Statutes, sections
94.16 and 94.165, apply to the proceeds
from the sale of land. For this appropriation,
the Department of Natural Resources must
establish a separate revolving account under
Minnesota Statutes, section 94.165, for the
use and accounting of trust fund money. This
appropriation is available until June 30, 2011,
at which time the project must be completed
and final products delivered, unless an earlier
date is specified in the work program.
new text end

new text begin (h) State Park and Trail Land Acquisition
new text end

new text begin $1,500,000 is from the trust fund to the
commissioner of natural resources to acquire
land for designated state trail alignments and
in-holdings for state parks. Land acquired
with this appropriation must be sufficiently
improved to meet at least minimum
management standards as determined by the
commissioner of natural resources. A list of
proposed acquisitions must be provided as
part of the required work program.
new text end

new text begin (i) Metropolitan Regional Park System Land
Acquisition
new text end

new text begin $1,500,000 is from the trust fund to the
Metropolitan Council for subgrants for the
acquisition of lands within the approved park
unit boundaries of the metropolitan regional
park system. This appropriation may not
be used for the purchase of residential
structures. Subdivision 11 applies to grants
awarded in the approved work program.
A list of proposed fee title and easement
acquisitions must be provided as part of
the required work program. All funding
for conservation easements must include a
long-term stewardship plan and funding for
monitoring and enforcing the agreement.
This appropriation must be matched by at
least 40 percent of nonstate money and must
be committed by December 31, 2008, or the
appropriation cancels. This appropriation
is available until June 30, 2011, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.
new text end

new text begin (j) Local Initiative Grants – Regional Parks and
Natural Areas
new text end

new text begin $1,000,000 is from the trust fund to the
commissioner of natural resources for a grant
to Wright County for land acquisition for a
proposed regional park on the Bertram Chain
of Lakes in Wright County. If the acquisition
for a proposed regional park on the Bertram
Chain of Lakes is not completed by June 30,
2010, then the appropriation is available for
matching grants to other local governments
for acquisition of regional parks and natural
and scenic areas as provided in Minnesota
Statutes, section 85.019, subdivisions 2,
paragraph (b), and 4a. This appropriation
is available until June 30, 2011, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.
new text end

new text begin (k) Conservation Partners/Environmental
Partnerships Matching Grant Program
new text end

new text begin $150,000 is from the trust fund to the
commissioner of natural resources to provide
matching grants to local governments and
private, nonprofit organizations for projects
that enhance fish, wildlife, and native plant
habitat, provide related research or surveys,
and protect and enhance the state's natural
environment.
new text end

new text begin (l) County Trail System Design
new text end

new text begin $175,000 is from the trust fund to the Board
of Regents of the University of Minnesota to
design recreational trail systems for Lyon,
Brown, Redwood, and Renville Counties.
new text end

new text begin (m) Accelerated Prairie Management, Survey,
Acquisition, and Evaluation
new text end

new text begin $1,250,000 is from the trust fund to the
commissioner of natural resources to provide
for a rapid assessment of remaining native
prairie, accelerate the Minnesota county
biological survey in the prairie region,
provide technical assistance to private prairie
landowners, accelerate management of
public and private prairie lands, evaluate and
monitor prairie conditions and associated
wildlife, and acquire prairie natural areas,
prairie bank easements, and buffers. At
least $475,000 of this appropriation must
be spent on acquisition. A list of proposed
restorations and fee title and easement
acquisitions must be provided as part of
the required work program. All funding
for conservation easements must include a
long-term stewardship plan and funding for
monitoring and enforcing the agreement.
new text end

new text begin (n) Prairie Ecosystem Restoration
new text end

new text begin $80,000 is from the trust fund to the
Board of Water and Soil Resources for an
agreement with the Martin County Soil and
Water Conservation District to collect and
propagate local ecotype native plant materials
from prairie remnants for establishment on
lands with perpetual conservation protection
in Martin County. If the Martin County Soil
and Water Conservation District sells seeds
or plants that were collected or propagated
using money from this appropriation, the net
proceeds of the sale must be repaid to the
trust fund.
new text end

new text begin (o) Best Practices for Native Prairie Management
new text end

new text begin $45,000 is from the trust fund to the
commissioner of natural resources for an
agreement with the Minnesota Recreation and
Park Association to provide information on
best practices for native prairie management
through field demonstrations, regional
workshops, and the Web.
new text end

new text begin (p) Impacts of Climate Change and CO2 on Prairie
and Forest Production
new text end

new text begin $330,000 is from the trust fund to the Board
of Regents of the University of Minnesota
to accelerate research simulating future
changing CO2, rainfall, and temperature
level impacts on biomass production, carbon
sequestration, and water quality in prairie
and tree species. This appropriation is
available until June 30, 2011, at which time
the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.
new text end

new text begin (q) Biofuel Production and Wildlife Conservation
in Working Prairies
new text end

new text begin $250,000 is from the trust fund to the Board
of Regents of the University of Minnesota to
research and evaluate methods of managing
diverse working prairies for wildlife and
renewable bioenergy production. On June
1, 2008, the $500,000 appropriation for the
Phillips biomass community energy system
under Laws 2006, chapter 243, section 20,
subdivision 3, is transferred and added to
this appropriation. This appropriation is
available until June 30, 2011, at which time
the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.
new text end

new text begin Subd. 4. new text end

new text begin Water Resources
new text end

new text begin 86,000
new text end
new text begin 3,430,000
new text end
new text begin Appropriations by Fund
new text end
new text begin Trust Fund
new text end
new text begin -0-
new text end
new text begin 3,430,000
new text end
new text begin Great Lakes
Protection Account
new text end
new text begin 86,000
new text end
new text begin -0-
new text end
new text begin (a) Future of Energy and Minnesota Water
Resources
new text end

new text begin $270,000 is from the trust fund to the Board
of Regents of the University of Minnesota to
spatially model water demand in Minnesota
under differing energy production scenarios
and develop a Web-based tool for comparing
policy scenarios impacts on water resources
in the state.
new text end

new text begin (b) Accelerating Plans for Integrated Control of
the Common Carp
new text end

new text begin $550,000 is from the trust fund to the Board
of Regents of the University of Minnesota
to accelerate research on new approaches
to control the invasive common carp. This
appropriation is available until June 30, 2011,
at which time the project must be completed
and final products delivered, unless an earlier
date is specified in the work program.
new text end

new text begin (c) Testing Pesticides and Degradates in Public
Drinking Water
new text end

new text begin $368,000 is from the trust fund to the
commissioner of agriculture, in cooperation
with the commissioner of health, to purchase
equipment and supplies to accelerate the
sampling of public water supplies for the
presence and concentration of pesticides and
their degradates for health risk assessments.
new text end

new text begin (d) Assessment of Riparian Buffers in the
Whitewater River Watershed
new text end

new text begin $52,000 is from the trust fund to the Board of
Water and Soil Resources for an agreement
with the Whitewater Joint Powers Board to
inventory streams and adjacent land use and
survey riparian landowners to assist in the
prioritization of restoration efforts to improve
water quality, habitat, and future enforcement
of riparian buffers in the southeast ten-county
region of the Southeast Minnesota Water
Resources Board.
new text end

new text begin (e) Intralake Zoning to Protect Sensitive
Lakeshore Areas
new text end

new text begin $125,000 is from the trust fund to the
commissioner of natural resources for the
second appropriation for a cooperative
effort with Cass County to identify sensitive
shorelines for the highest priority lakes and
develop innovative zoning in Cass County to
protect water quality and near-shore habitat.
This appropriation is available until June
30, 2011, at which time the project must
be completed and final products delivered,
unless an earlier date is specified in the work
program.
new text end

new text begin (f) Native Shoreland Buffer Incentives Program
new text end

new text begin $225,000 is from the trust fund to the
commissioner of natural resources to
accelerate the native shoreland buffer
incentive program through market research,
technical assistance, and competitive grants
to local governments for creating and
implementing shoreland buffer incentive
programs. Grant recipients must have current
shoreline management requirements and
effective enforcement. This appropriation
is available until June 30, 2011, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.
new text end

new text begin (g) Southeast Minnesota Stream Restoration
Projects
new text end

new text begin $240,000 is from the trust fund to the
commissioner of natural resources for an
agreement with Trout Unlimited to accelerate
stream bank stabilization projects on at least
six miles of streams through restoration,
providing technical assistance, and
conducting workshops. This appropriation
is available until June 30, 2011, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.
new text end

new text begin (h) South-Central Minnesota Groundwater
Monitoring and County Geologic Atlases
new text end

new text begin $1,600,000 is from the trust fund for
collection and interpretation of subsurface
geological information and acceleration of
the county geologic atlas program. $706,000
of this appropriation is to the Board of
Regents of the University of Minnesota
for the Geological Survey to begin county
geologic atlases in three counties. $894,000
of this appropriation is to the commissioner
of natural resources to investigate the
physical and recharge characteristics of
the Mt. Simon aquifer. This appropriation
represents a continuing effort to complete
the county geologic atlases throughout the
state. This appropriation is available until
June 30, 2011, at which time the project must
be completed and final products delivered,
unless an earlier date is specified in the work
program.
new text end

new text begin (i) Lake Superior Research
new text end

new text begin $86,000 is from the Great Lakes protection
account to the Board of Regents of the
University of Minnesota for the Large Lakes
Observatory for research on Lake Superior
waters. This appropriation is added to Laws
2006, chapter 243, section 20, subdivision 6,
Lake Superior research. This appropriation
is effective the day following final enactment
and is available until June 30, 2011, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.
new text end

new text begin Subd. 5. new text end

new text begin Natural Resource Information
new text end

new text begin -0-
new text end
new text begin 2,365,000
new text end
new text begin Appropriations by Fund
new text end
new text begin Trust Fund
new text end
new text begin -0-
new text end
new text begin 2,365,000
new text end
new text begin (a) Updating the National Wetlands Inventory for
Minnesota
new text end

new text begin $550,000 is from the trust fund to the
commissioner of natural resources to begin
updating the National Wetlands Inventory
through standards development, mapping,
training, and imagery acquisition. This is
the first phase of an overall effort to update
the inventory statewide. This appropriation
is available until June 30, 2011, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.
new text end

new text begin (b) Soil Survey
new text end

new text begin $400,000 is from the trust fund to the Board
of Water and Soil Resources for soil survey
mapping and interpretation efforts in areas of
the state, including Crow Wing, Pine, Cook,
Lake, and Isanti Counties, and to accelerate
the delivery of soils data through the Internet
as a Web-based soil survey. The new soil
surveys must be done on a cost-share basis
with local and federal funds.
new text end

new text begin (c) Updating Precipitation Intensities for Runoff
Estimation and Infrastructure Designs
new text end

new text begin $100,000 is from the trust fund to the
commissioner of the Pollution Control
Agency for a cooperative agreement with
the National Oceanic and Atmospheric
Administration to partially fund a multistate
effort to obtain updated climate change
related rainfall frequencies to enhance
engineering of storm water conveyance and
treatment systems and roads. The acquired
data shall be distributed free of charge. This
appropriation is available until June 30, 2011,
at which time the project must be completed
and final products delivered, unless an earlier
date is specified in the work program.
new text end

new text begin (d) Minnesota Breeding Bird Atlas
new text end

new text begin $270,000 is from the trust fund to develop a
statewide survey of Minnesota breeding bird
distribution and create related publications,
including a book and online atlas with
distribution maps and breeding status.
Of this appropriation, $169,000 is to the
commissioner of natural resources for an
agreement with Audubon Minnesota and
$101,000 is to the Board of Regents of the
University of Minnesota for the Natural
Resources Research Institute. The atlas must
be available for downloading on the Internet
free of charge.
new text end

new text begin (e) Restorable Wetlands Inventory
new text end

new text begin $245,000 is from the trust fund to the
commissioner of natural resources for an
agreement with Ducks Unlimited, Inc.,
to continue the inventory, mapping, and
digitizing of drained restorable wetlands in
the southwest prairie region of Minnesota.
This appropriation is available until June
30, 2011, at which time the project must
be completed and final products delivered,
unless an earlier date is specified in the work
program.
new text end

new text begin (f) Wildlife Disease Data Surveillance and
Analysis
new text end

new text begin $100,000 is from the trust fund to the Board
of Regents of the University of Minnesota
for the Raptor Center to develop a GIS-based
database that catalogs symptoms and
conditions observed in injured wildlife.
new text end

new text begin (g) Conservation Easement Stewardship,
Oversight, and Maintenance
new text end

new text begin $180,000 is from the trust fund to the Board
of Water and Soil Resources to enhance
long-term stewardship, oversight, and
maintenance of conservation easements
held by the board and to update the current
easement database. This effort must be
done in cooperation with the Department
of Natural Resources. This appropriation
is available until June 30, 2011, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.
new text end

new text begin (h) Conservation Easement Stewardship and
Enforcement Program Plan
new text end

new text begin $520,000 is from the trust fund to the
commissioner of natural resources to
inventory and digitize the department's
conservation easements and prepare a
plan for monitoring, stewardship, and
enforcement. This effort must be done in
cooperation with the Board of Water and Soil
Resources. This appropriation is available
until June 30, 2011, at which time the
project must be completed and final products
delivered, unless an earlier date is specified
in the work program.
new text end

new text begin Subd. 6. new text end

new text begin Environmental Education
new text end

new text begin -0-
new text end
new text begin 1,099,000
new text end
new text begin Appropriations by Fund
new text end
new text begin Trust Fund
new text end
new text begin -0-
new text end
new text begin 1,099,000
new text end
new text begin (a) Waters of Minnesota Documentary on
Watersheds
new text end

new text begin $349,000 is from the trust fund to the
Board of Regents of the University of
Minnesota for the Bell Museum of Natural
History to begin the development of an
educational documentary television series on
the waters of Minnesota designed to promote
watershed understanding and citizen action
in protecting, restoring, and conserving water
resources. This appropriation is available
until June 30, 2011, at which time the
project must be completed and final products
delivered, unless an earlier date is specified
in the work program.
new text end

new text begin (b) Global Warming - Reducing Carbon Footprint
of Minnesota Schools
new text end

new text begin $750,000 is from the trust fund to the
commissioner of the Pollution Control
Agency to provide student-focused grants to
high schools, colleges, and universities to
identify their carbon footprints and develop
and implement innovative plans to reduce
carbon emissions. This appropriation is
available until June 30, 2011, at which time
the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.
new text end

new text begin Subd. 7. new text end

new text begin Emerging Issues Account
new text end

new text begin -0-
new text end
new text begin 155,000
new text end

new text begin $155,000 is from the trust fund for an
emerging issues account as authorized
under Minnesota Statutes, section 116P.08,
subdivision 4, paragraph (d).
new text end

new text begin Subd. 8. new text end

new text begin Availability of Appropriations
new text end

new text begin Unless otherwise provided, the amounts in
this section are available until June 30, 2010,
when projects must be completed and final
products delivered. For acquisition of real
property, the amounts in this section are
available until June 30, 2011, if a binding
contract is entered into by June 30, 2010,
and closed not later than June 30, 2011. The
time period for the amounts available in
this section may be extended by up to one
year through an approved work program. If
a project receives a federal grant, the time
period of the appropriation is extended to
equal the federal grant period.
new text end

new text begin Subd. 9. new text end

new text begin Data Availability Requirements
new text end

new text begin Data collected by the projects funded under
this section that have value for planning and
management of natural resource, emergency
preparedness, and infrastructure investments
must conform to the enterprise information
architecture developed by the Office of
Enterprise Technology. Spatial data must
conform to geographic information system
guidelines and standards outlined in that
architecture and adopted by the Minnesota
Geographic Data Clearinghouse at the
Land Management Information Center. A
description of these data that adheres to the
Office of Enterprise Technology geographic
metadata standards must be submitted to
the Land Management Information Center
to be made available online through the
clearinghouse and the data must be accessible
and free to the public unless made private
under the Data Practices Act, Minnesota
Statutes, chapter 13.
new text end

new text begin To the extent practicable, summary data and
results of projects funded under this section
should be readily accessible on the Internet
and identified as an environment and natural
resources trust fund project.
new text end

new text begin Subd. 10. new text end

new text begin Project Requirements
new text end

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

new text begin (1) comply with Minnesota Statutes, chapter
116P;
new text end

new text begin (2) plant vegetation only of native ecotypes
to Minnesota and preferably of the local
ecotype using a high diversity of species
grown as close to the restoration site as
possible;
new text end

new text begin (3) when restoring prairies:
new text end

new text begin (i) the seeds and plant materials must
originate in the same county as the
restoration site or within 25 miles of the
county border, but not across the boundary
of an ecotype region. Ecotype regions
are defined by the Department of Natural
Resources map, "Minnesota Ecotype Regions
Map - County Landscape Groupings Based
on Ecological Subsections," dated February
15, 2007;
new text end

new text begin (ii) if seeds and plant material described in
item (i) are not available, then the restoration
must use seeds and plant materials from
within the same ecotype region; or
new text end

new text begin (iii) if seeds and plant material described
in item (i) or (ii) are not available, then
the restoration must use seeds and plant
material from within the same ecotype region
or within 25 miles of the ecotype region
boundary.
new text end

new text begin Use of seeds and plant materials from beyond
the geographic areas described in this clause
must be expressly approved in the work
program;
new text end

new text begin (4) provide that all conservation easements:
new text end

new text begin (i) are perpetual;
new text end

new text begin (ii) specify the parties to an easement in the
easement;
new text end

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

new text begin (iv) are sent to the commission office in an
electronic format; and
new text end

new text begin (v) include a long-term stewardship plan and
funding for monitoring and enforcing the
easement agreement;
new text end

new text begin (5) give priority in any acquisition of land
or interest in land to high quality natural
resources or conservation lands that provide
natural buffers to water resources; and
new text end

new text begin (6) provide documentation to the
Legislative-Citizen Commission on
Minnesota Resources in order to ensure
public accountability for the use of public
funds of the selection process used to identify
parcels acquired and provide 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 shall also report
to the Legislative-Citizen Commission on
Minnesota Resources any difference between
the acquisition amount paid to the seller and
the state certified or state reviewed appraisal.
Acquisition data such as appraisals may
remain private during negotiations but must
ultimately be made public according to
Minnesota Statutes, chapter 13.
new text end

new text begin (b) The commission shall review the
requirement in paragraph (a), clause (6), and
provide a recommendation whether or not
to continue or modify the requirement in
future years. The commission may waive the
application of the requirement in paragraph
(a), clause (6), for specific projects.
new text end

new text begin Subd. 11. new text end

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

new text begin All agreements, grants, or contracts referred
to in this section must be administered on
a reimbursement basis unless otherwise
provided in this section. Notwithstanding
Minnesota Statutes, section 16A.41,
expenditures made on or after July 1,
2008, or the date the work program is
approved, whichever is later, are eligible for
reimbursement unless otherwise provided
in this section. Periodic payment must
be made upon receiving documentation
that the deliverable items articulated in
the approved work program have been
achieved, including partial achievements
as evidenced by approved progress reports.
Reasonable amounts may be advanced to
projects to accommodate cash flow needs or
match federal money. The advances must
be approved as part of the work program.
No expenditures for capital equipment are
allowed unless expressly authorized in the
project work program.
new text end

new text begin Subd. 12. new text end

new text begin Purchase of Recycled and Recyclable
Materials
new text end

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

new text begin Subd. 13. new text end

new text begin Energy Conservation and
Sustainable Building Guidelines
new text end

new text begin A recipient to whom an appropriation is made
in this section for a capital improvement
project shall ensure that the project complies
with the applicable energy conservation and
sustainable building guidelines and standards
contained in law, including Minnesota
Statutes, sections 16B.325, 216C.19, and
216C.20, and rules adopted thereunder.
The recipient may use the energy planning,
advocacy, and State Energy Office units
of the Department of Commerce to obtain
information and technical assistance on
energy conservation and alternative energy
development relating to the planning and
construction of the capital improvement
project.
new text end

new text begin Subd. 14. new text end

new text begin Accessibility
new text end

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

new text begin Subd. 15. new text end

new text begin Carryforward
new text end

new text begin (a) The availability of the appropriations for
the following projects are extended to June
30, 2009:
new text end

new text begin (1) Laws 2005, First Special Session chapter
1, article 2, section 11, subdivision 6,
paragraph (h), as extended by Laws 2007,
chapter 57, article 1, section 4, subdivision 6,
Paul Bunyan State Trail connection; and
new text end

new text begin (2) Laws 2005, First Special Session
chapter 1, article 2, section 11, subdivision
7, paragraph (j), improving impaired
watersheds conservation drainage research.
new text end

new text begin (b) The availability of the appropriations for
the following projects are extended to June
30, 2010:
new text end

new text begin (1) Laws 2005, First Special Session chapter
1, article 2, section 11, subdivision 6,
paragraph (e), metropolitan regional parks
acquisition, rehabilitation, and development;
new text end

new text begin (2) Laws 2005, First Special Session chapter
1, article 2, section 11, subdivision 6,
paragraph (p), land acquisition, Minnesota
Landscape Arboretum;
new text end

new text begin (3) Laws 2005, First Special Session chapter
1, article 2, section 11, subdivision 7,
paragraph (i), improving water quality on the
central sands; and
new text end

new text begin (4) Laws 2003, chapter 128, article 1,
section 9, subdivision 6, paragraph (l),
as amended by Laws 2005, First Special
Session chapter 1, article 2, section 150, as
extended by Laws 2006, chapter 243, section
16, land acquisition, Minnesota Landscape
Arboretum.
new text end

new text begin Subd. 16. new text end

new text begin 2009 Recommendations
new text end

new text begin In 2008, the Legislative-Citizen Commission
on Minnesota Resources shall consider
requesting proposals for biological control or
other innovative control methods of aquatic
and terrestrial invasive species.
new text end

Sec. 3.

Minnesota Statutes 2006, section 116P.10, is amended to read:


116P.10 ROYALTIES, COPYRIGHTS, PATENTSnew text begin , AND SALE OF
PRODUCTS AND ASSETS
new text end .

new text begin (a) new text end This section applies to projects supported by the trust fund and the oil overcharge
money referred to in section 4.071, subdivision 2, each of which is referred to in this
section as a "fund."

new text begin (b) new text end The fund owns and shall take title to the percentage of a royalty, copyright,
or patent resulting from a project supported by the fund equal to the percentage of the
project's total funding provided by the fund. Cash receipts resulting from a royalty,
copyright, or patent, or the sale of the fund's rights to a royalty, copyright, or patent, must
be credited immediately to the principal of the fund. Receipts from Minnesota future
resources fund projects must be credited to the trust fund. deleted text begin Before a project is included
in the budget plan,
deleted text end The commission may deleted text begin votedeleted text end new text begin include in its annual legislative bill a
recommendation
new text end to relinquish the ownership or rights to a royalty, copyright, or patent
resulting from a project supported by the fund to the project's proposer when the amount
of the original grant or loan, plus interest, has been repaid to the fund.

new text begin (c) If a project supported by the fund results in net income from the sale of products
or assets developed or acquired by an appropriation from the fund, the appropriation
must be repaid to the fund in an amount equal to the percentage of the project's total
funding provided by the fund. The commission may include in its annual legislative bill a
recommendation to relinquish the income if a plan is approved for reinvestment of the
income in the project or when the amount of the original grant or loan, plus interest, has
been repaid to the fund.
new text end