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SF 2493

Conference Committee Report - 87th Legislature (2011 - 2012) Posted on 04/26/2012 09:18am

KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 2493
1.2A bill for an act
1.3relating to natural resources; appropriating money from the outdoor heritage
1.4fund; modifying requirements for outdoor heritage fund appropriations;
1.5appropriating money for clean water; appropriating money for an Aquatic
1.6Invasive Species Cooperative Research Center; modifying prior appropriations;
1.7modifying certain parks and trails grant program provisions;amending
1.8Minnesota Statutes 2010, sections 85.535, subdivision 3; 97A.056, by adding
1.9subdivisions; Laws 2009, chapter 172, article 3, section 3; Laws 2011, First
1.10Special Session chapter 2, article 3, section 2, subdivision 9; Laws 2011, First
1.11Special Session chapter 6, article 2, section 7.
1.12April 25, 2012
1.13The Honorable Michelle L. Fischbach
1.14President of the Senate
1.15The Honorable Kurt Zellers
1.16Speaker of the House of Representatives
1.17We, the undersigned conferees for S.F. No. 2493 report that we have agreed upon
1.18the items in dispute and recommend as follows:
1.19That the House recede from its amendments and that S.F. No. 2493 be further
1.20amended as follows:
1.21Delete everything after the enacting clause and insert:

1.22"ARTICLE 1
1.23OUTDOOR HERITAGE FUND

1.24
Section 1. OUTDOOR HERITAGE APPROPRIATION.
1.25The sums shown in the columns marked "Appropriations" are appropriated to the
1.26agencies and for the purposes specified in this article. The appropriations are from the
1.27outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
1.28figures "2012" and "2013" used in this article mean that the appropriations listed under the
1.29figure are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively.
1.30"The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium"
1.31is 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
$
-0-
$
99,920,000
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.
2.11
Subd. 2.Prairies
-0-
24,640,000
2.12
2.13
(a) Minnesota Buffers for Wildlife and Water
- Phase II
2.14$2,090,000 in the second year is to the
2.15Board of Water and Soil Resources in
2.16cooperation with Pheasants Forever to
2.17acquire permanent conservation easements
2.18to enhance habitat by expanding clean water
2.19fund riparian wildlife buffers on private land.
2.20A list of proposed permanent conservation
2.21easements must be provided as part of the
2.22final report. The accomplishment plan must
2.23include an easement stewardship plan. Up
2.24to $90,000 is for establishing a monitoring
2.25and enforcement fund as approved in
2.26the accomplishment plan and subject to
2.27Minnesota Statutes, section 97A.056,
2.28subdivision 17. An annual financial report is
2.29required for any monitoring and enforcement
2.30fund established, including expenditures
2.31from the fund and a description of annual
2.32monitoring and enforcement activities.
2.33
2.34
(b) Minnesota Prairie Recovery Project - Phase
III
3.1$4,610,000 in the second year is to the
3.2commissioner of natural resources for an
3.3agreement with The Nature Conservancy to
3.4acquire native prairie and savanna and restore
3.5and enhance grasslands and savanna. A list of
3.6proposed land acquisitions must be provided
3.7as part of the required accomplishment plan.
3.8Annual income statements and balance sheets
3.9for income and expenses from land acquired
3.10with this appropriation must be submitted to
3.11the Lessard-Sams Outdoor Heritage Council
3.12no later than 180 days following the close of
3.13The Nature Conservancy's fiscal year.
3.14
3.15
(c) Cannon River Headwaters Habitat
Complex - Phase II
3.16$1,760,000 in the second year is to the
3.17commissioner of natural resources for an
3.18agreement with The Trust for Public Land
3.19to acquire and restore lands in the Cannon
3.20River watershed for wildlife management
3.21area purposes under Minnesota Statutes,
3.22section 86A.05, subdivision 8, or aquatic
3.23management area purposes under Minnesota
3.24Statutes, sections 86A.05, subdivision
3.2514, and 97C.02. A list of proposed land
3.26acquisitions must be provided as part of the
3.27required accomplishment plan.
3.28
(d) Wildlife Management Area Acquisition
3.29$2,900,000 in the second year is to the
3.30commissioner of natural resources to acquire
3.31land in fee for wildlife management area
3.32purposes under Minnesota Statutes, section
3.3386A.05, subdivision 8. A list of proposed
3.34land acquisitions must be provided as part of
3.35the required accomplishment plan.
4.1
4.2
(e) Northern Tallgrass Prairie National
Wildlife Refuge Land Acquisition - Phase IV
4.3$1,580,000 in the second year is to the
4.4commissioner of natural resources for an
4.5agreement with The Nature Conservancy
4.6in cooperation with the United States Fish
4.7and Wildlife Service to acquire land in
4.8fee or permanent conservation easements
4.9within the Northern Tallgrass Prairie Habitat
4.10Preservation Area in western Minnesota for
4.11addition to the Northern Tallgrass Prairie
4.12National Wildlife Refuge. A list of proposed
4.13land acquisitions must be provided as part
4.14of the required accomplishment plan. The
4.15accomplishment plan must include an
4.16easement monitoring and enforcement plan.
4.17
4.18
(f) Accelerating the Wildlife Management Area
Program - Phase IV
4.19$3,300,000 in the second year is to the
4.20commissioner of natural resources for an
4.21agreement with Pheasants Forever to acquire
4.22land in fee for wildlife management area
4.23purposes under Minnesota Statutes, section
4.2486A.05, subdivision 8. A list of proposed
4.25land acquisitions must be provided as part of
4.26the required accomplishment plan.
4.27
(g) Green Corridor Legacy Program - Phase IV
4.28$1,730,000 in the second year is to the
4.29commissioner of natural resources for
4.30an agreement with the Redwood Area
4.31Development Corporation to acquire land in
4.32fee for wildlife management area purposes
4.33under Minnesota Statutes, section 86A.05,
4.34subdivision 8, and for aquatic management
4.35areas under Minnesota Statutes, sections
5.186A.05, subdivision 14, and 97C.02. A list of
5.2proposed land acquisitions must be provided
5.3as part of the required accomplishment plan.
5.4
5.5
(h) Accelerated Prairie Restoration and
Enhancement on DNR Lands - Phase IV
5.6$4,300,000 in the second year is to the
5.7commissioner of natural resources to
5.8accelerate the restoration and enhancement
5.9of wildlife management areas, scientific
5.10and natural areas, and land under native
5.11prairie bank easements. A list of proposed
5.12restorations and enhancements must
5.13be provided as part of the required
5.14accomplishment plan.
5.15
5.16
(i) Anoka Sand Plain Habitat Restoration and
Enhancement - Phase II
5.17$1,050,000 in the second year is to the
5.18commissioner of natural resources for
5.19agreements to restore and enhance habitat on
5.20public lands in the Anoka Sand Plain and
5.21along the Rum River as follows: $558,750 to
5.22Great River Greening; $99,400 to the Anoka
5.23Conservation District; and $391,850 to the
5.24National Wild Turkey Federation. A list
5.25of proposed restorations and enhancements
5.26must be provided as part of the required
5.27accomplishment plan.
5.28
(j) Enhanced Public Grasslands
5.29$1,320,000 in the second year is to the
5.30commissioner of natural resources for
5.31an agreement with Pheasants Forever in
5.32cooperation with the Minnesota Prairie
5.33Chicken Society to restore and enhance
5.34habitat on public lands. The criteria for
5.35selection of projects must be included in the
6.1accomplishment plan. A list of proposed
6.2restorations and enhancements must be
6.3provided as part of the final report.
6.4
Subd. 3.Forests
-0-
15,300,000
6.5
6.6
(a) Protecting Mississippi River Corridor
Habitat ACUB Partnership - Phase II
6.7$480,000 in the second year is to the
6.8Board of Water and Soil Resources to
6.9acquire permanent conservation easements
6.10on land adjacent to the Nokasippi River
6.11and the boundaries of the Minnesota
6.12National Guard Army compatible use buffer
6.13(ACUB). A list of proposed land acquisitions
6.14must be provided as part of the required
6.15accomplishment plan. The accomplishment
6.16plan must include an easement stewardship
6.17plan. Up to $4,800 is for establishing
6.18a monitoring and enforcement fund as
6.19approved in the accomplishment plan and
6.20subject to Minnesota Statutes, section
6.2197A.056, subdivision 17. An annual financial
6.22report is required for any monitoring and
6.23enforcement fund established, including
6.24expenditures from the fund and a description
6.25of annual monitoring and enforcement
6.26activities.
6.27
6.28
(b) Mississippi Northwoods Habitat Complex
Protection
6.29$11,040,000 in the second year is to the
6.30commissioner of natural resources for an
6.31agreement with Crow Wing County to
6.32acquire land in fee along the Mississippi
6.33River in Crow Wing County to be added
6.34to the county forest system. The purchase
6.35price must not exceed the appraised fair
7.1market value of the property as reviewed
7.2and approved under established procedures
7.3in compliance with the Uniform Standards
7.4of Professional Appraisal Practice and
7.5the Department of Natural Resources'
7.6Supplemental Appraisal and Appraisal
7.7Review Guidelines (effective July 15,
7.82009). A land description must be provided
7.9as part of the required accomplishment
7.10plan. Development of a paved trail on land
7.11acquired under this paragraph constitutes an
7.12alteration of the intended use of the interest in
7.13real property and must be handled according
7.14to Minnesota Statutes, section 97A.056,
7.15subdivision 15. Any plan, including trail
7.16alignment, for the development of a paved
7.17trail must be submitted to the Lessard-Sams
7.18Outdoor Heritage Council for approval. No
7.19paved trail development or paved trail use
7.20is allowed unless it is specified in the plan
7.21for trail use and alignment approved by the
7.22Lessard-Sams Outdoor Heritage Council.
7.23If additional money is needed to acquire
7.24the land under this paragraph, by December
7.2515, 2012, the amount necessary to complete
7.26the acquisition shall be transferred from
7.27unspent appropriations under subdivision
7.285, paragraph (h), and added to this
7.29appropriation.
7.30
7.31
(c) Northeastern Minnesota Sharp-Tailed
Grouse Habitat Partnership - Phase III
7.32$1,340,000 in the second year is to the
7.33commissioner of natural resources for
7.34an agreement with Pheasants Forever in
7.35cooperation with the Minnesota Sharp-Tailed
7.36Grouse Society to acquire and enhance
8.1lands for wildlife management area purposes
8.2under Minnesota Statutes, section 86A.05,
8.3subdivision 8. A list of proposed land
8.4acquisitions must be provided as part of the
8.5required accomplishment plan.
8.6
8.7
(d) Protect Key Forest Habitat Lands in Cass
County - Phase III
8.8$480,000 in the second year is to the
8.9commissioner of natural resources for an
8.10agreement with Cass County to acquire land
8.11in fee in Cass County for forest wildlife
8.12habitat. A list of proposed land acquisitions
8.13must be provided as part of the required
8.14accomplishment plan.
8.15
(e) Minnesota Moose Habitat Collaborative
8.16$960,000 in the second year is to the
8.17commissioner of natural resources for an
8.18agreement with the Minnesota Deer Hunters
8.19Association to restore and enhance public
8.20forest lands in northeastern Minnesota
8.21for moose habitat purposes. A list of
8.22proposed restorations and enhancements
8.23must be provided as part of the required
8.24accomplishment plan.
8.25
8.26
(f) LaSalle Lake: Protecting Critical Minnesota
Headwaters Habitat
8.27$1,000,000 in the second year is added
8.28to the appropriation in Laws 2011, First
8.29Special Session chapter 6, article 1, section
8.302, subdivision 3, paragraph (b).
8.31
Subd. 4.Wetlands
-0-
31,140,000
8.32
8.33
(a) Reinvest in Minnesota Wetlands Reserve
Program Partnership - Phase IV
9.1$13,810,000 in the second year is to the
9.2Board of Water and Soil Resources to
9.3acquire permanent conservation easements
9.4and restore wetlands and associated upland
9.5habitat in cooperation with the United
9.6States Department of Agriculture Wetlands
9.7Reserve Program. A list of land acquisitions
9.8must be provided as part of the final report.
9.9The accomplishment plan must include
9.10an easement stewardship plan. Up to
9.11$180,000 is for establishing a monitoring
9.12and enforcement fund as approved in
9.13the accomplishment plan and subject to
9.14Minnesota Statutes, section 97A.056,
9.15subdivision 17. An annual financial report is
9.16required for any monitoring and enforcement
9.17fund established, including expenditures
9.18from the fund and a description of annual
9.19monitoring and enforcement activities.
9.20
9.21
(b) Accelerating the Waterfowl Production
Area Program - Phase IV
9.22$5,400,000 in the second year is to the
9.23commissioner of natural resources for an
9.24agreement with Pheasants Forever to acquire
9.25land in fee to be managed and designated as
9.26waterfowl production areas in Minnesota,
9.27in cooperation with the United States Fish
9.28and Wildlife Service. A list of proposed land
9.29acquisitions must be provided as part of the
9.30required accomplishment plan.
9.31
(c) Columbus Lake Conservation Area
9.32$940,000 in the second year is to the
9.33commissioner of natural resources for an
9.34agreement with Anoka County to acquire
9.35land in fee for conservation purposes that
10.1connect wetlands and shallow lakes to
10.2the Lamprey Pass Wildlife Management
10.3Area. A list of proposed land acquisitions
10.4must be provided as part of the required
10.5accomplishment plan.
10.6
10.7
(d) Living Shallow Lakes and Wetlands
Initiative - Phase II
10.8$4,490,000 in the second year is to the
10.9commissioner of natural resources for an
10.10agreement with Ducks Unlimited to assess,
10.11restore, and enhance shallow lakes and
10.12wetlands, including technical assistance,
10.13survey, design, and engineering to develop
10.14new enhancement and restoration projects
10.15for future implementation. A list of
10.16proposed restorations and enhancements
10.17must be provided as part of the required
10.18accomplishment plan.
10.19
10.20
(e) Accelerated Shallow Lakes and Wetlands
Enhancement - Phase IV
10.21$3,870,000 in the second year is to the
10.22commissioner of natural resources to
10.23develop engineering designs and complete
10.24construction to enhance shallow lakes and
10.25wetlands. A list of proposed restorations and
10.26enhancements must be provided as part of
10.27the required accomplishment plan. Work
10.28must be completed within three years of the
10.29effective date of this article.
10.30
(f) Marsh Lake Enhancement
10.31$2,630,000 in the second year is to the
10.32commissioner of natural resources to
10.33complete design and construction to modify
10.34the dam at Marsh Lake and return the historic
11.1outlet of the Pomme de Terre River to Lac
11.2Qui Parle.
11.3
Subd. 5.Habitats
-0-
28,620,000
11.4
(a) DNR Aquatic Habitat - Phase IV
11.5 $3,480,000 in the second year is to the
11.6commissioner of natural resources to
11.7acquire interests in land in fee or permanent
11.8conservation easements for aquatic
11.9management areas under Minnesota Statutes,
11.10sections 86A.05, subdivision 14, and
11.1197C.02, and to restore and enhance aquatic
11.12habitat. A list of proposed land acquisitions
11.13must be provided as part of the required
11.14accomplishment plan. The accomplishment
11.15plan must include an easement stewardship
11.16plan. Up to $25,000 is for establishing
11.17a monitoring and enforcement fund as
11.18approved in the accomplishment plan and
11.19subject to Minnesota Statutes, section
11.2097A.056, subdivision 17. An annual financial
11.21report is required for any monitoring and
11.22enforcement fund established, including
11.23expenditures from the fund and a description
11.24of annual monitoring and enforcement
11.25activities.
11.26
(b) Metro Big Rivers Habitat - Phase III
11.27$3,680,000 in the second year is to the
11.28commissioner of natural resources for
11.29agreements to acquire interests in land in
11.30fee or permanent conservation easements
11.31and to restore and enhance natural systems
11.32associated with the Mississippi, Minnesota,
11.33and St. Croix Rivers as follows: $1,000,000
11.34to the Minnesota Valley National Wildlife
11.35Refuge Trust, Inc.; $375,000 to the Friends
12.1of the Mississippi; $375,000 to Great River
12.2Greening; $930,000 to The Minnesota
12.3Land Trust; and $1,000,000 to The Trust
12.4for Public Land. A list of proposed
12.5acquisitions, restorations, and enhancements
12.6must be provided as part of the required
12.7accomplishment plan. The accomplishment
12.8plan must include an easement stewardship
12.9plan. Up to $51,000 is for establishing
12.10a monitoring and enforcement fund as
12.11approved in the accomplishment plan and
12.12subject to Minnesota Statutes, section
12.1397A.056, subdivision 17. An annual financial
12.14report is required for any monitoring and
12.15enforcement fund established, including
12.16expenditures from the fund and a description
12.17of annual monitoring and enforcement
12.18activities.
12.19
12.20
(c) Dakota County Riparian and Lakeshore
Protection and Management - Phase III
12.21$480,000 in the second year is to the
12.22commissioner of natural resources for an
12.23agreement with Dakota County to acquire
12.24permanent conservation easements and
12.25restore and enhance habitats along the
12.26Mississippi, Cannon, and Vermillion Rivers.
12.27A list of proposed acquisitions, restorations,
12.28and enhancements must be provided as
12.29part of the required accomplishment plan.
12.30The accomplishment plan must include
12.31an easement stewardship plan. Up to
12.32$20,000 is for establishing a monitoring
12.33and enforcement fund as approved in
12.34the accomplishment plan and subject to
12.35Minnesota Statutes, section 97A.056,
12.36subdivision 17. An annual financial report is
13.1required for any monitoring and enforcement
13.2fund established, including expenditures
13.3from the fund and a description of annual
13.4monitoring and enforcement activities.
13.5
(d) Lower St. Louis River Habitat Restoration
13.6$3,670,000 in the second year is to the
13.7commissioner of natural resources to restore
13.8habitat in the lower St. Louis River estuary.
13.9A list of proposed projects must be provided
13.10as part of the required accomplishment plan.
13.11
13.12
(e) Coldwater Fish Habitat Enhancement -
Phase IV
13.13$2,120,000 in the second year is to the
13.14commissioner of natural resources for an
13.15agreement with Minnesota Trout Unlimited
13.16to restore and enhance coldwater fish lake,
13.17river, and stream habitats in Minnesota. A list
13.18of proposed restorations and enhancements
13.19must be provided as part of the required
13.20accomplishment plan.
13.21
(f) Grand Marais Creek Outlet Restoration
13.22$2,320,000 in the second year is to the
13.23commissioner of natural resources for an
13.24agreement with the Red Lake Watershed
13.25District to restore and enhance stream and
13.26related habitat in Grand Marais Creek. A list
13.27of proposed restorations and enhancements
13.28must be provided as part of the required
13.29accomplishment plan.
13.30
(g) Knife River Habitat Restoration
13.31$380,000 in the second year is to the
13.32commissioner of natural resources for an
13.33agreement with the Lake Superior Steelhead
13.34Association to restore trout habitat in the
14.1Upper Knife River Watershed. A list of
14.2proposed restorations must be provided as
14.3part of the required accomplishment plan.
14.4Notwithstanding rules of the commissioner
14.5of natural resources, restorations conducted
14.6pursuant to this paragraph may be
14.7accomplished by excavation.
14.8
(h) Protect Aquatic Habitat from Asian Carp
14.9$7,500,000 in the second year is to the
14.10commissioner of natural resources to
14.11design, construct, operate, and evaluate
14.12structural deterrents for Asian carp to protect
14.13Minnesota's aquatic habitat. Use of this
14.14money requires a one-to-one match for
14.15projects on state boundary waters.
14.16
14.17
(i) Outdoor Heritage Conservation Partners
Grant Program - Phase IV
14.18$4,990,000 in the second year is to the
14.19commissioner of natural resources for a
14.20program to provide competitive, matching
14.21grants of up to $400,000 to local, regional,
14.22state, and national organizations for
14.23enhancing, restoring, or protecting forests,
14.24wetlands, prairies, and habitat for fish, game,
14.25or wildlife in Minnesota. Grants shall not
14.26be made for activities required to fulfill
14.27the duties of owners of lands subject to
14.28conservation easements. Grants shall not be
14.29made from appropriations in this paragraph
14.30for projects that have a total project cost
14.31exceeding $575,000. $366,000 of this
14.32appropriation may be spent for personnel
14.33costs and other direct and necessary
14.34administrative costs. Grantees may acquire
14.35land or interests in land. Easements must be
15.1permanent. Land acquired in fee must be
15.2open to hunting and fishing during the open
15.3season unless otherwise provided by state
15.4law. The program shall require a match of
15.5at least ten percent from nonstate sources
15.6for all grants. The match may be cash or
15.7in-kind resources. For grant applications
15.8of $25,000 or less, the commissioner shall
15.9provide a separate, simplified application
15.10process. Subject to Minnesota Statutes, the
15.11commissioner of natural resources shall,
15.12when evaluating projects of equal value,
15.13give priority to organizations that have a
15.14history of receiving or charter to receive
15.15private contributions for local conservation
15.16or habitat projects. If acquiring land or a
15.17conservation easement, priority shall be
15.18given to projects associated with existing
15.19wildlife management areas under Minnesota
15.20Statutes, section 86A.05, subdivision 8;
15.21scientific and natural areas under Minnesota
15.22Statutes, sections 84.033 and 86A.05,
15.23subdivision 5; and aquatic management areas
15.24under Minnesota Statutes, sections 86A.05,
15.25subdivision 14, and 97C.02. All restoration
15.26or enhancement projects must be on land
15.27permanently protected by a conservation
15.28easement or public ownership or in public
15.29waters as defined in Minnesota Statutes,
15.30section 103G.005, subdivision 15. Priority
15.31shall be given to restoration and enhancement
15.32projects on public lands. Minnesota Statutes,
15.33section 97A.056, subdivision 13, applies
15.34to grants awarded under this paragraph.
15.35This appropriation is available until June
15.3630, 2016. No less than five percent of the
16.1amount of each grant must be held back from
16.2reimbursement until the grant recipient has
16.3completed a grant accomplishment report by
16.4the deadline and in the form prescribed by
16.5and satisfactory to the Lessard-Sams Outdoor
16.6Heritage Council. The commissioner shall
16.7provide notice of the grant program in
16.8the game and fish law summaries that are
16.9prepared under Minnesota Statutes, section
16.1097A.051, subdivision 2.
16.11
Subd. 6.Administration
-0-
220,000
16.12
(a) Contract Management
16.13$175,000 in the second year is to the
16.14commissioner of natural resources for
16.15contract management duties assigned in this
16.16section. The commissioner shall provide a
16.17work program in the form specified by the
16.18Lessard-Sams Outdoor Heritage Council
16.19on the expenditure of this appropriation.
16.20No money may be expended prior to
16.21Lessard-Sams Outdoor Heritage Council
16.22approval of the work program.
16.23
(b) Technical Evaluation Panel
16.24$45,000 in the second year is to the
16.25commissioner of natural resources for a
16.26technical evaluation panel to conduct up to
16.27ten restoration evaluations under Minnesota
16.28Statutes, section 97A.056, subdivision 10.
16.29
Subd. 7.Availability of Appropriation
16.30Money appropriated in this section may
16.31not be spent on activities unless they are
16.32directly related to and necessary for a
16.33specific appropriation and are specified in
16.34the accomplishment plan approved by the
17.1Lessard-Sams Outdoor Heritage Council.
17.2Money appropriated in this section must not
17.3be spent on indirect costs or other institutional
17.4overhead charges that are not directly related
17.5to and necessary for a specific appropriation.
17.6Unless otherwise provided, the amounts
17.7in this section are available until June 30,
17.82015, when projects must be completed and
17.9final accomplishments reported. Funds for
17.10restoration or enhancement are available
17.11until June 30, 2017, or four years after
17.12acquisition, whichever is later, in order to
17.13complete initial restoration or enhancement
17.14work. If a project receives federal funds,
17.15the time period of the appropriation is
17.16extended to equal the availability of federal
17.17funding. Funds appropriated for fee title
17.18acquisition of land may be used to restore,
17.19enhance, and provide for public use of the
17.20land acquired with the appropriation. Public
17.21use facilities must have a minimal impact
17.22on habitat in acquired lands. If the purchase
17.23price for a fee title acquisition funded with
17.24an appropriation in this article falls below
17.25the estimated purchase price contained in
17.26the approved accomplishment plan and no
17.27other acquisitions are listed in the approved
17.28accomplishment plan, the difference between
17.29the purchase price and the estimated purchase
17.30price is canceled for the project and added
17.31to the appropriation under subdivision 5,
17.32paragraph (h).
17.33
17.34
Subd. 8.Payment Conditions and Capital
Equipment Expenditures
17.35All agreements referred to in this section must
17.36be administered on a reimbursement basis
18.1unless otherwise provided in this section.
18.2Notwithstanding Minnesota Statutes, section
18.316A.41, expenditures directly related to each
18.4appropriation's purpose made on or after July
18.51, 2012, or the date of accomplishment plan
18.6approval, whichever is later, are eligible for
18.7reimbursement unless otherwise provided in
18.8this section. Periodic reimbursement must
18.9be made upon receiving documentation that
18.10the items articulated in the accomplishment
18.11plan approved by the Lessard-Sams Outdoor
18.12Heritage Council have been achieved,
18.13including partial achievements as evidenced
18.14by progress reports approved by the
18.15Lessard-Sams Outdoor Heritage Council.
18.16Reasonable amounts may be advanced to
18.17projects to accommodate cash flow needs,
18.18support future management of acquired
18.19lands, or match a federal share. The
18.20advances must be approved as part of the
18.21accomplishment plan. Capital equipment
18.22expenditures for specific items in excess of
18.23$10,000 must be itemized in and approved as
18.24part of the accomplishment plan.

18.25    Sec. 3. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
18.26to read:
18.27    Subd. 12. Accomplishment plans. It is a condition of acceptance of money
18.28appropriated from the outdoor heritage fund that the agency or entity using the
18.29appropriation submits an accomplishment plan and periodic accomplishment reports
18.30to the Lessard-Sams Outdoor Heritage Council in the form determined by the council.
18.31The accomplishment plan must identify the project manager responsible for expending
18.32the appropriation and the final product. The accomplishment plan must account for
18.33the use of the appropriation and outcomes of the expenditure in measures of wetlands,
18.34prairies, forests, and fish, game, and wildlife habitat restored, protected, and enhanced.
18.35The plan must include an evaluation of results. If lands are acquired by fee with money
19.1from the outdoor heritage fund, the accomplishment plan must include a hunting and
19.2fishing management plan for the lands acquired by fee. No money appropriated from the
19.3outdoor heritage fund may be expended unless the council has approved the pertinent
19.4accomplishment plan.

19.5    Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
19.6to read:
19.7    Subd. 13. Project requirements. (a) As a condition of accepting money
19.8appropriated from the outdoor heritage fund, an agency or entity receiving money from
19.9an appropriation must comply with this subdivision for any project funded in whole or
19.10in part with funds from the appropriation.
19.11(b) All conservation easements acquired with money appropriated from the outdoor
19.12heritage fund must:
19.13(1) be permanent;
19.14(2) specify the parties to the easement;
19.15(3) specify all of the provisions of an agreement that are permanent;
19.16(4) specify the habitat types and location being protected;
19.17(5) where appropriate for conservation or water protection outcomes, require the
19.18grantor to employ practices retaining water on the eased land as long as practicable;
19.19(6) specify the responsibilities of the parties for habitat enhancement and restoration
19.20and the associated costs of these activities;
19.21(7) be sent to the office of the Lessard-Sams Outdoor Heritage Council;
19.22(8) include a long-term stewardship plan and identify the sources and amount of
19.23funding for monitoring and enforcing the easement agreement; and
19.24(9) identify the parties responsible for monitoring and enforcing the easement
19.25agreement.
19.26(c) For all restorations, a recipient must prepare and retain an ecological restoration
19.27and management plan that, to the degree practicable, is consistent with current
19.28conservation science and ecological goals for the restoration site. Consideration should
19.29be given to soil, geology, topography, and other relevant factors that would provide the
19.30best chance for long-term success and durability of the restoration. The plan must include
19.31the proposed timetable for implementing the restoration, including, but not limited to,
19.32site preparation, establishment of diverse plant species, maintenance, and additional
19.33enhancement to establish the restoration; identify long-term maintenance and management
19.34needs of the restoration and how the maintenance, management, and enhancement will be
19.35financed; and use current conservation science to achieve the best restoration.
20.1(d) For new lands acquired, a recipient must prepare a restoration and management
20.2plan in compliance with paragraph (c), including identification of sufficient funding for
20.3implementation.
20.4(e) To ensure public accountability for the use of public funds, a recipient must
20.5provide to the Lessard-Sams Outdoor Heritage Council documentation of the process used
20.6to select parcels acquired in fee or as permanent conservation easements and must provide
20.7the council with documentation of all related transaction costs, including, but not limited
20.8to, appraisals, legal fees, recording fees, commissions, other similar costs, and donations.
20.9This information must be provided for all parties involved in the transaction. The recipient
20.10must also report to the Lessard-Sams Outdoor Heritage Council any difference between
20.11the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal,
20.12if a state-certified or state-reviewed appraisal was conducted. Acquisition data such as
20.13appraisals may remain private during negotiations but must ultimately be made public
20.14according to chapter 13.
20.15(f) Except as otherwise provided in the appropriation, all restoration and
20.16enhancement projects funded with money appropriated from the outdoor heritage fund
20.17must be on land permanently protected by a conservation easement or public ownership or
20.18in public waters as defined in section 103G.005, subdivision 15.
20.19(g) To the extent an appropriation is used to acquire an interest in real property,
20.20a recipient of an appropriation from the outdoor heritage fund must provide to the
20.21Lessard-Sams Outdoor Heritage Council and the commissioner of management and
20.22budget an analysis of increased operation and maintenance costs likely to be incurred by
20.23public entities as a result of the acquisition and of how the costs are to be paid.
20.24(h) A recipient of money appropriated from the outdoor heritage fund must give
20.25consideration to and make timely written contact with Conservation Corps Minnesota for
20.26possible use of the corps' services to contract for restoration and enhancement services.
20.27A copy of the written contact must be filed with the Lessard-Sams Outdoor Heritage
20.28Council within 15 days of execution.
20.29(i) A recipient of money appropriated from the outdoor heritage fund must erect
20.30signage according to Laws 2009, chapter 172, article 5, section 10.

20.31    Sec. 5. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
20.32to read:
20.33    Subd. 14. Purchase of recycled and recyclable materials. A political subdivision,
20.34public or private corporation, or other entity that receives money appropriated from the
20.35outdoor heritage fund must use the money in compliance with sections 16B.121, regarding
21.1purchase of recycled, repairable, and durable materials, and 16B.122, regarding purchase
21.2and use of paper stock and printing.

21.3    Sec. 6. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
21.4to read:
21.5    Subd. 15. Land acquisition restrictions. (a) An interest in real property, including,
21.6but not limited to, an easement or fee title, that is acquired with money appropriated
21.7from the outdoor heritage fund must be used in perpetuity or for the specific term of an
21.8easement interest for the purpose for which the appropriation was made. The ownership
21.9of the interest in real property transfers to the state if: (1) the holder of the interest in
21.10real property fails to comply with the terms and conditions of the grant agreement or
21.11accomplishment plan; or (2) restrictions are placed on the land that preclude its use for the
21.12intended purpose as specified in the appropriation.
21.13(b) A recipient of funding that acquires an interest in real property subject to this
21.14subdivision may not alter the intended use of the interest in real property or convey any
21.15interest in the real property acquired with the appropriation without the prior review and
21.16approval of the Lessard-Sams Outdoor Heritage Council or its successor. The council
21.17shall notify the chairs and ranking minority members of the legislative committees and
21.18divisions with jurisdiction over the outdoor heritage fund at least 15 business days before
21.19approval under this paragraph. The council shall establish procedures to review requests
21.20from recipients to alter the use of or convey an interest in real property. These procedures
21.21shall allow for the replacement of the interest in real property with another interest in real
21.22property meeting the following criteria:
21.23(1) the interest must be at least equal in fair market value, as certified by the
21.24commissioner of natural resources, to the interest being replaced; and
21.25(2) the interest must be in a reasonably equivalent location and have a reasonably
21.26equivalent useful conservation purpose compared to the interest being replaced, taking
21.27into consideration all effects from fragmentation of the whole habitat.
21.28(c) A recipient of funding who acquires an interest in real property under paragraph
21.29(a) must separately record a notice of funding restrictions in the appropriate local
21.30government office where the conveyance of the interest in real property is filed. The
21.31notice of funding agreement must contain:
21.32(1) a legal description of the interest in real property covered by the funding
21.33agreement;
21.34(2) a reference to the underlying funding agreement;
21.35(3) a reference to this section; and
22.1(4) the following statement: "This interest in real property shall be administered in
22.2accordance with the terms, conditions, and purposes of the grant agreement controlling the
22.3acquisition of the property. The interest in real property, or any portion of the interest in
22.4real property, shall not be sold, transferred, pledged, or otherwise disposed of or further
22.5encumbered without obtaining the prior written approval of the Lessard-Sams Outdoor
22.6Heritage Council or its successor. The ownership of the interest in real property transfers to
22.7the state if: (1) the holder of the interest in real property fails to comply with the terms and
22.8conditions of the grant agreement or accomplishment plan; or (2) restrictions are placed
22.9on the land that preclude its use for the intended purpose as specified in the appropriation."

22.10    Sec. 7. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
22.11to read:
22.12    Subd. 16. Real property interest report. (a) By December 1 each year, a recipient
22.13of money appropriated from the outdoor heritage fund that is used for the acquisition of an
22.14interest in real property, including, but not limited to, an easement or fee title, must submit
22.15annual reports on the status of the real property to the Lessard-Sams Outdoor Heritage
22.16Council or its successor in a form determined by the council. If lands are acquired by fee
22.17with money from the outdoor heritage fund, the real property interest report must include
22.18a verification of the status of the hunting and fishing management plan for the lands
22.19acquired by fee. The responsibility for reporting under this subdivision may be transferred
22.20by the recipient of the appropriation to another person or entity that holds the interest in
22.21the real property. To complete the transfer of reporting responsibility, the recipient of
22.22the appropriation must:
22.23(1) inform the person to whom the responsibility is transferred of that person's
22.24reporting responsibility;
22.25(2) inform the person to whom the responsibility is transferred of the property
22.26restrictions under subdivision 15; and
22.27(3) provide written notice to the council of the transfer of reporting responsibility,
22.28including contact information for the person to whom the responsibility is transferred.
22.29(b) After the transfer, the person or entity that holds the interest in the real property
22.30is responsible for reporting requirements under this subdivision.

22.31    Sec. 8. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
22.32to read:
22.33    Subd. 17. Easement monitoring and enforcement requirements. Money
22.34appropriated from the outdoor heritage fund for easement monitoring and enforcement
23.1may be spent only on activities included in an easement monitoring and enforcement
23.2plan contained within the accomplishment plan. Money received for monitoring and
23.3enforcement, including earnings on the money received, shall be kept in a monitoring
23.4and enforcement fund held by the organization and is appropriated for monitoring and
23.5enforcing conservation easements in the state. Within 120 days after the close of the
23.6entity's fiscal year, an entity receiving appropriations for easement monitoring and
23.7enforcement must provide an annual financial report to the Lessard-Sams Outdoor
23.8Heritage Council on the easement monitoring and enforcement fund as specified in the
23.9accomplishment plan. Money appropriated from the outdoor heritage fund for monitoring
23.10and enforcement of easements and earnings on the money appropriated shall revert
23.11to the state if:
23.12(1) the easement transfers to the state under subdivision 15;
23.13(2) the holder of the easement fails to file an annual report and then fails to cure that
23.14default within 30 days of notification of the default by the state; or
23.15(3) the holder of the easement fails to comply with the terms of the monitoring and
23.16enforcement plan contained within the accomplishment plan and fails to cure that default
23.17within 90 days of notification of the default by the state.

23.18    Sec. 9. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
23.19to read:
23.20    Subd. 18. Successor organizations. The Lessard-Sams Outdoor Heritage Council
23.21may approve the continuation of a project with an organization that has adopted a new
23.22name. Continuation of a project with an organization that has undergone a significant
23.23change in mission, structure, or purpose requires:
23.24(1) notice to the chairs of the legislative committees and divisions with jurisdiction
23.25over the outdoor heritage fund; and
23.26(2) presentation by the council of proposed legislation either ratifying or rejecting
23.27continued involvement with the new organization.

23.28    Sec. 10. Minnesota Statutes 2010, section 97A.056, is amended by adding a
23.29subdivision to read:
23.30    Subd. 19. Fee title acquisition; open season. (a) Lands acquired by fee with
23.31money appropriated from the outdoor heritage fund that are held by the state must be open
23.32to the public taking of fish and game during the open season, unless otherwise provided by
23.33state law.
24.1(b) Lands acquired by fee with money appropriated from the outdoor heritage fund
24.2that are held by the U.S. Fish and Wildlife Service must be open to the public taking of
24.3fish and game during the open season according to the National Wildlife Refuge System
24.4Improvement Act, United States Code, title 16, section 668dd, et seq.
24.5(c) Except as provided in paragraph (b), lands acquired by fee with money
24.6appropriated from the outdoor heritage fund that are held by a nonstate entity must be open
24.7to the public taking of fish and game during the open season, unless otherwise prescribed
24.8by the commissioner of natural resources.
24.9EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.

24.10    Sec. 11. LEGACY FUNDING REQUIREMENTS APPLY.
24.11Each direct recipient of money appropriated in this article, as well as each
24.12recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
24.13requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
24.14Special Session chapter 6, article 5.

24.15ARTICLE 2
24.16CLEAN WATER FUND

24.17    Section 1. Minnesota Statutes 2011 Supplement, section 114D.30, subdivision 4, is
24.18amended to read:
24.19    Subd. 4. Terms; compensation; removal. The terms of members representing the
24.20state agencies and the Metropolitan Council are four years and are coterminous with the
24.21governor. The terms of other nonlegislative members of the council shall be as provided
24.22in section 15.059, subdivision 2. Members may serve until their successors are appointed
24.23and qualify. Compensation and removal of nonlegislative council members is as provided
24.24in section 15.059, subdivisions 3 and 4. Compensation of legislative members is as
24.25determined by the appointing authority. The Pollution Control Agency may reimburse
24.26legislative members for expenses. A vacancy on the council may be filled by the
24.27appointing authority provided in subdivision 1 for the remainder of the unexpired term.

24.28    Sec. 2. Laws 2009, chapter 172, article 2, section 4, as amended by Laws 2010, chapter
24.29361, article 2, section 2, and Laws 2011, First Special Session chapter 6, article 2, section
24.3023, is amended to read:
24.31
Sec. 4. POLLUTION CONTROL AGENCY
$
24,076,000
$
27,630,000
25.1(a) $9,000,000 the first year and $9,000,000
25.2the second year are to develop total
25.3maximum daily load (TMDL) studies and
25.4TMDL implementation plans for waters
25.5listed on the United States Environmental
25.6Protection Agency approved impaired
25.7waters list in accordance with Minnesota
25.8Statutes, chapter 114D. The agency shall
25.9complete an average of ten percent of the
25.10TMDLs each year over the biennium. Of
25.11this amount, $348,000 the first year is to
25.12retest the comprehensive assessment of the
25.13biological conditions of the lower Minnesota
25.14River and its tributaries within the Lower
25.15Minnesota River Major Watershed, as
25.16previously assessed from 1976 to 1992 under
25.17the Minnesota River Assessment Project
25.18(MRAP). The assessment must include the
25.19same fish species sampling at the same 116
25.20locations and the same macroinvertebrate
25.21sampling at the same 41 locations as the
25.22MRAP assessment. The assessment must:
25.23(1) include an analysis of the findings; and
25.24(2) identify factors that limit aquatic life in
25.25the Minnesota River.
25.26Of this amount, $250,000 the first year is
25.27for a pilot project for the development of
25.28total maximum daily load (TMDL) studies
25.29conducted on a watershed basis within
25.30the Buffalo River watershed in order to
25.31protect, enhance, and restore water quality
25.32in lakes, rivers, and streams. The pilot
25.33project shall include all necessary field
25.34work to develop TMDL studies for all
25.35impaired subwatersheds within the Buffalo
26.1River watershed and provide information
26.2necessary to complete reports for most of the
26.3remaining watersheds, including analysis of
26.4water quality data, identification of sources
26.5of water quality degradation and stressors,
26.6load allocation development, development
26.7of reports that provide protection plans
26.8for subwatersheds that meet water quality
26.9standards, and development of reports that
26.10provide information necessary to complete
26.11TMDL studies for subwatersheds that do not
26.12meet water quality standards, but are not
26.13listed as impaired.
26.14(b) $500,000 the first year is for development
26.15of an enhanced TMDL database to manage
26.16and track progress. Of this amount, $63,000
26.17the first year is to promulgate rules. By
26.18November 1, 2010, the commissioner shall
26.19submit a report to the chairs of the house of
26.20representatives and senate committees with
26.21jurisdiction over environment and natural
26.22resources finance on the outcomes achieved
26.23with this appropriation.
26.24(c) $1,500,000 the first year and $3,169,000
26.25the second year are for grants under
26.26Minnesota Statutes, section 116.195, to
26.27political subdivisions for up to 50 percent of
26.28the costs to predesign, design, and implement
26.29capital projects that use storm water or
26.30treated municipal wastewater instead of
26.31groundwater from drinking water aquifers,
26.32in order to demonstrate the beneficial use
26.33of wastewater or storm water, including
26.34the conservation and protection of water
26.35resources. Of this amount, $1,000,000 the
26.36first year is for grants to ethanol plants that
27.1are within one and one-half miles of a city for
27.2improvements that use storm water or reuse
27.3greater than 300,000 gallons of wastewater
27.4per day. This appropriation is available until
27.5June 30, 2016.
27.6(d) $1,125,000 the first year and $1,125,000
27.7the second year are for groundwater
27.8assessment and drinking water protection to
27.9include:
27.10(1) the installation and sampling of at least
27.1130 new monitoring wells;
27.12(2) the analysis of samples from at least 40
27.13shallow monitoring wells each year for the
27.14presence of endocrine disrupting compounds;
27.15and
27.16(3) the completion of at least four to
27.17five groundwater models for TMDL and
27.18watershed plans.
27.19(e) $2,500,000 the first year is for the clean
27.20water partnership program. Priority shall be
27.21given to projects preventing impairments and
27.22degradation of lakes, rivers, streams, and
27.23groundwater in accordance with Minnesota
27.24Statutes, section 114D.20, subdivision 2,
27.25clause (4). Any balance remaining in the first
27.26year does not cancel and is available for the
27.27second year.
27.28(f) $896,000 the first year is to establish
27.29a network of water monitoring sites, to
27.30include at least 20 additional sites, in public
27.31waters adjacent to wastewater treatment
27.32facilities across the state to assess levels of
27.33endocrine-disrupting compounds, antibiotic
27.34compounds, and pharmaceuticals as required
28.1in this article. The data must be placed on
28.2the agency's Web site.
28.3(g) $155,000 the first year is to provide
28.4notification of the potential for coal tar
28.5contamination, establish a storm water
28.6pond inventory schedule, and develop best
28.7management practices for treating and
28.8cleaning up contaminated sediments as
28.9required in this article. $490,000 the second
28.10year is to provide grants to local units of
28.11government for up to 50 percent of the costs
28.12to implement best management practices to
28.13treat or clean up contaminated sediments
28.14in storm water ponds and other waters as
28.15defined under this article. Local governments
28.16must have adopted an ordinance for the
28.17restricted use of undiluted coal tar sealants
28.18in order to be eligible for a grant, unless a
28.19statewide restriction has been implemented.
28.20A grant awarded under this paragraph must
28.21not exceed $100,000. Up to $145,000 of the
28.22appropriation in the second year may be used
28.23to complete work required under section 28,
28.24paragraph (c).
28.25(h) $350,000 the first year and $600,000 the
28.26second year are for a restoration project in
28.27the lower St. Louis River and Duluth harbor
28.28in order to improve water quality. This
28.29appropriation must be matched by nonstate
28.30money at a rate of at least $2 for every $1 of
28.31state money.
28.32(i) $150,000 the first year and $196,000 the
28.33second year are for grants to the Red River
28.34Watershed Management Board to enhance
28.35and expand existing river watch activities in
29.1the Red River of the North. The Red River
29.2Watershed Management Board shall provide
29.3a report that includes formal evaluation
29.4results from the river watch program to the
29.5commissioners of education and the Pollution
29.6Control Agency and to the legislative natural
29.7resources finance and policy committees
29.8and K-12 finance and policy committees by
29.9February 15, 2011.
29.10(j) $200,000 the first year and $300,000 the
29.11second year are for coordination with the
29.12state of Wisconsin and the National Park
29.13Service on comprehensive water monitoring
29.14and phosphorus reduction activities in the
29.15Lake St. Croix portion of the St. Croix
29.16River. The Pollution Control Agency
29.17shall work with the St. Croix Basin Water
29.18Resources Planning Team and the St. Croix
29.19River Association in implementing the
29.20water monitoring and phosphorus reduction
29.21activities. This appropriation is available
29.22to the extent matched by nonstate sources.
29.23Money not matched by November 15, 2010,
29.24cancels for this purpose and is available for
29.25the purposes of paragraph (a).
29.26(k) $7,500,000 the first year and $7,500,000
29.27the second year are for completion of 20
29.28percent of the needed statewide assessments
29.29of surface water quality and trends. Of this
29.30amount, $175,000 the first year and $200,000
29.31the second year are for monitoring and
29.32analyzing endocrine disruptors in surface
29.33waters.
29.34(l) $100,000 the first year and $150,000
29.35the second year are for civic engagement
30.1in TMDL development. The agency shall
30.2develop a plan for expenditures under
30.3this paragraph. The agency shall give
30.4consideration to civic engagement proposals
30.5from basin or sub-basin organizations,
30.6including the Mississippi Headwaters Board,
30.7the Minnesota River Joint Powers Board,
30.8Area II Minnesota River Basin Projects,
30.9and the Red River Basin Commission.
30.10By November 15, 2009, the plan shall be
30.11submitted to the house and senate chairs
30.12and ranking minority members of the
30.13environmental finance divisions.
30.14(m) $5,000,000 the second year is for
30.15groundwater protection or prevention of
30.16groundwater degradation activities. By
30.17January 15, 2010, the commissioner, in
30.18consultation with the commissioner of
30.19natural resources, the Board of Water and
30.20Soil Resources, and other agencies, shall
30.21submit a report to the chairs of the house of
30.22representatives and senate committees with
30.23jurisdiction over the clean water fund on the
30.24intended use of these funds. The legislature
30.25must approve expenditure of these funds by
30.26law.
30.27Notwithstanding Minnesota Statutes, section
30.2816A.28 , the appropriations encumbered on or
30.29before June 30, 2011, as grants or contracts in
30.30this section are available until June 30, 2013.

30.31    Sec. 3. Laws 2011, First Special Session chapter 6, article 2, section 7, is amended to
30.32read:
30.33
30.34
Sec. 7. BOARD OF WATER AND SOIL
RESOURCES
$
27,534,000
$
27,534,000
31,734,000
31.1(a) $13,750,000 the first year and
31.2$13,750,000 $15,350,000 the second year are
31.3for pollution reduction and restoration grants
31.4to local government units and joint powers
31.5organizations of local government units to
31.6protect surface water and drinking water; to
31.7keep water on the land; to protect, enhance,
31.8and restore water quality in lakes, rivers,
31.9and streams; and to protect groundwater
31.10and drinking water, including feedlot water
31.11quality and subsurface sewage treatment
31.12system (SSTS) projects and stream bank,
31.13stream channel, and shoreline restoration
31.14projects. The projects must be of long-lasting
31.15public benefit, include a match, and be
31.16consistent with TMDL implementation plans
31.17or local water management plans.
31.18(b) $3,000,000 the first year and $3,000,000
31.19$3,600,000 the second year are for targeted
31.20local resource protection and enhancement
31.21grants. The board shall give priority
31.22consideration to projects and practices
31.23that complement, supplement, or exceed
31.24current state standards for protection,
31.25enhancement, and restoration of water
31.26quality in lakes, rivers, and streams or that
31.27protect groundwater from degradation. Of
31.28this amount, at least $1,500,000 each year is
31.29for county SSTS implementation.
31.30(c) $900,000 the first year and $900,000
31.31$1,200,000 the second year are to
31.32provide state oversight and accountability,
31.33evaluate results, and develop an electronic
31.34system to measure and track the value of
31.35conservation program implementation by
31.36local governments, including submission
32.1to the legislature by March 1 each year
32.2an annual report prepared by the board,
32.3in consultation with the commissioners of
32.4natural resources, health, agriculture, and
32.5the Pollution Control Agency, detailing the
32.6recipients and projects funded under this
32.7section. The board shall require grantees to
32.8specify the outcomes that will be achieved
32.9by the grants prior to any grant awards.
32.10(d) $1,000,000 the first year and $1,000,000
32.11$1,700,000 the second year are for technical
32.12assistance and grants for the conservation
32.13drainage program in consultation with
32.14the Drainage Work Group, created under
32.15Minnesota Statutes, section 103B.101,
32.16subdivision 13
, that consists of projects to
32.17to facilitate the installation of conservation
32.18practices on drainage systems that will result
32.19in water quality improvements and evaluate
32.20the outcomes of these installations. retrofit
32.21existing drainage systems with water quality
32.22improvement practices, evaluate outcomes,
32.23and provide outreach to landowners, public
32.24drainage authorities, drainage engineers
32.25and contractors, and others. The board
32.26shall coordinate practice standards with the
32.27Natural Resources Conservation Service of
32.28the United States Department of Agriculture
32.29and seek to leverage federal funds as
32.30part of conservation drainage program
32.31implementation.
32.32(e) $6,000,000 the first year and $6,000,000
32.33the second year are to purchase and restore
32.34permanent conservation easements on
32.35riparian buffers adjacent to public waters,
32.36excluding wetlands, to keep water on the
33.1land in order to decrease sediment, pollutant,
33.2and nutrient transport; reduce hydrologic
33.3impacts to surface waters; and increase
33.4infiltration for groundwater recharge. The
33.5riparian buffers must be at least 50 feet
33.6unless there is a natural impediment, a road,
33.7or other impediment beyond the control
33.8of the landowner. This appropriation may
33.9be used for restoration of riparian buffers
33.10protected by easements purchased with
33.11this appropriation and for stream bank
33.12restorations when the riparian buffers have
33.13been restored.
33.14(f) $1,300,000 the first year and $1,300,000
33.15$2,300,000 the second year are for
33.16permanent conservation easements on
33.17wellhead protection areas under Minnesota
33.18Statutes, section 103F.515, subdivision 2,
33.19paragraph (d). Priority must be placed on
33.20land that is located where the vulnerability
33.21of the drinking water supply is designated
33.22as high or very high by the commissioner
33.23of health. The board shall coordinate
33.24with the United States Geological Survey,
33.25the commissioners of health and natural
33.26resources, and local communities contained
33.27in the Decorah and St. Lawrence Edge areas
33.28of Winona, Goodhue, Olmsted, and Wabasha
33.29Counties to obtain easements in identified
33.30areas as having the most vulnerability to
33.31groundwater contamination.
33.32(g) $1,500,000 the first year and $1,500,000
33.33the second year are for community partners
33.34grants to local units of government for:
33.35(1) structural or vegetative management
33.36practices that reduce storm water runoff
34.1from developed or disturbed lands to reduce
34.2the movement of sediment, nutrients, and
34.3pollutants for restoration, protection, or
34.4enhancement of water quality in lakes, rivers,
34.5and streams and to protect groundwater
34.6and drinking water; and (2) installation
34.7of proven and effective water retention
34.8practices including, but not limited to, rain
34.9gardens and other vegetated infiltration
34.10basins and sediment control basins in order
34.11to keep water on the land. The projects
34.12must be of long-lasting public benefit,
34.13include a local match, and be consistent with
34.14TMDL implementation plans or local water
34.15management plans. Local government unit
34.16staff and administration costs may be used
34.17as a match.
34.18(h) $84,000 the first year and $84,000 the
34.19second year are for a technical evaluation
34.20panel to conduct up to ten restoration
34.21evaluations under Minnesota Statutes,
34.22section 114D.50, subdivision 6.
34.23(i) The board shall contract for services
34.24with Conservation Corps Minnesota for
34.25restoration, maintenance, and other activities
34.26under this section for $500,000 the first year
34.27and $500,000 the second year.
34.28(j) The board may shift grant or cost-share
34.29funds in this section and may adjust the
34.30technical and administrative assistance
34.31portion of the funds to leverage federal or
34.32other nonstate funds or to address oversight
34.33responsibilities or high-priority needs
34.34identified in local water management plans.
35.1(k) The appropriations in this section are
35.2available until June 30, 2016.

35.3    Sec. 4. AQUATIC INVASIVE SPECIES COOPERATIVE RESEARCH
35.4CENTER; APPROPRIATION.
35.5$1,800,000 is appropriated in fiscal year 2013 from the clean water fund to the Board
35.6of Regents of the University of Minnesota to develop and implement an Aquatic Invasive
35.7Species Cooperative Research Center, including equipment and facility development. As
35.8a condition of receiving this appropriation, the University of Minnesota is requested to
35.9collaborate with the commissioner of natural resources in developing solutions to control
35.10aquatic invasive species. A portion of this appropriation may be used for educating
35.11and engaging citizens on preventing the spread of aquatic invasive species. Money
35.12appropriated in this section may not be spent on activities unless they are directly related
35.13to and necessary for the purposes of this section. Money appropriated in this section must
35.14not be spent on indirect costs or other institutional overhead charges that are not directly
35.15related to and necessary for the purposes of this section. This is a onetime appropriation
35.16and is available until June 30, 2018. Minnesota Statutes, section 116P.10, applies to
35.17this appropriation. For the purpose of this appropriation, the term "fund" means the
35.18clean water fund and the term "commission" means the Clean Water Council as used in
35.19Minnesota Statutes, section 116P.10.

35.20    Sec. 5. LEGACY FUNDING REQUIREMENTS APPLY.
35.21All appropriations in this article are onetime and are subject to the requirements
35.22and availability provisions provided under Laws 2011, First Special Session chapter 6,
35.23articles 2 and 5. Each direct recipient of money appropriated in this article, as well as each
35.24recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
35.25requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
35.26Special Session chapter 6, articles 2 and 5.

35.27ARTICLE 3
35.28PARKS AND TRAILS FUND

35.29    Section 1. Minnesota Statutes 2010, section 85.535, subdivision 3, is amended to read:
35.30    Subd. 3. Match Grant amount. Recipients must provide a nonstate cash match
35.31of at least 25 percent of the total eligible project costs A grant amount is not subject to a
35.32maximum grant award limitation. Additional consideration shall be given to applicants
35.33who provide a nonstate cash match.

36.1    Sec. 2. Laws 2009, chapter 172, article 3, section 3, is amended to read:
36.2
Sec. 3. METROPOLITAN COUNCIL
$
12,641,000
$
15,140,000
36.3(a) $12,641,000 the first year and
36.4$15,140,000 the second year are from the
36.5parks and trails fund to be distributed as
36.6required under new Minnesota Statutes,
36.7section 85.535, subdivision 3, except that
36.8of this amount, $40,000 the first year is for
36.9a grant to Hennepin County to plant trees
36.10along the Victory Memorial Parkway. For
36.11acquisition of an interest in real property,
36.12appropriations under this section are
36.13available until June 30, 2013.
36.14(b) The Metropolitan Council shall submit
36.15a report on the expenditure and use of
36.16money appropriated under this section to
36.17the legislature as provided in Minnesota
36.18Statutes, section 3.195, by March 1 of each
36.19year. The report must detail the outcomes in
36.20terms of additional use of parks and trails
36.21resources, user satisfaction surveys, and
36.22other appropriate outcomes.
36.23(c) Grant agreements entered into by the
36.24Metropolitan Council and recipients of
36.25money appropriated under this section shall
36.26ensure that the funds are used to supplement
36.27and not substitute for traditional sources of
36.28funding.
36.29(d) The implementing agencies receiving
36.30appropriations under this section shall
36.31give consideration to contracting with the
36.32Minnesota Conservation Corps for contract
36.33restoration, maintenance, and other activities.
36.34EFFECTIVE DATE.This section is effective the day following final enactment.

37.1ARTICLE 4
37.2ENVIRONMENT AND NATURAL RESOURCE TRUST FUND

37.3    Section 1. Laws 2011, First Special Session chapter 2, article 3, section 2, subdivision
37.44, is amended to read:
37.5
37.6
Subd. 4.Land, Habitat, and Recreation
14,629,000
13,755,000
12,755,000
37.7
Summary by Fund
37.8
37.9
37.10
Environment and
natural resources
trust fund
13,879,000
13,755,000
12,755,000
37.11
37.12
37.13
State land and
water conservation
account (LAWCON)
750,000
-0-
37.14(a) State Park and Recreation Area
37.15Operations and Improvements
37.16$1,877,000 the first year and $1,750,000
37.17the second year are from the trust fund to
37.18the commissioner of natural resources for
37.19state park and recreation area operations
37.20and improvements, including activities
37.21directly related to and necessary for this
37.22appropriation. This appropriation is not
37.23subject to Minnesota Statutes, sections
37.24116P.05, subdivision 2 , paragraph (b), and
37.25116P.09, subdivision 4 .
37.26(b) State Parks and Trails Land
37.27Acquisition
37.28$1,500,000 the first year and $1,500,000 the
37.29second year are from the trust fund to the
37.30commissioner of natural resources to acquire
37.31state trails and critical parcels within the
37.32statutory boundaries of state parks. State
37.33park land acquired with this appropriation
37.34must be sufficiently improved to meet at
37.35least minimum management standards, as
37.36determined by the commissioner of natural
38.1resources. A list of proposed acquisitions
38.2must be provided as part of the required work
38.3program. This appropriation is available
38.4until June 30, 2014, by which time the
38.5project must be completed and final products
38.6delivered.
38.7(c) Metropolitan Regional Park System
38.8Acquisition
38.9$1,125,000 the first year and $1,125,000
38.10the second year are from the trust fund to
38.11the Metropolitan Council for grants for the
38.12acquisition of lands within the approved park
38.13unit boundaries of the metropolitan regional
38.14park system. This appropriation may not
38.15be used for the purchase of residential
38.16structures. A list of proposed fee title and
38.17easement acquisitions must be provided as
38.18part of the required work program. This
38.19appropriation must be matched by at least
38.2040 percent of nonstate money and must be
38.21committed by December 31, 2011, or the
38.22appropriation cancels. This appropriation
38.23is available until June 30, 2014, at which
38.24time the project must be completed and final
38.25products delivered, unless an earlier date is
38.26specified in the work program.
38.27(d) Regional Park, Trail, and Connection
38.28Acquisition and Development Grants
38.29$1,000,000 the first year and $1,000,000 the
38.30second year are from the trust fund to the
38.31commissioner of natural resources to provide
38.32matching grants to local units of government
38.33for acquisition and development of regional
38.34parks, regional trails, and trail connections.
38.35The local match required for a grant to
39.1acquire a regional park or regional outdoor
39.2recreation area is two dollars of nonstate
39.3money for each three dollars of state money.
39.4This appropriation is available until June
39.530, 2014, by which time the project must be
39.6completed and final products delivered.
39.7(e) Scientific and Natural Area Acquisition
39.8and Restoration
39.9$820,000 the first year and $820,000 the
39.10second year are from the trust fund to
39.11the commissioner of natural resources
39.12to acquire lands with high-quality native
39.13plant communities and rare features to be
39.14established as scientific and natural areas
39.15as provided in Minnesota Statutes, section
39.1686A.05, subdivision 5 , restore parts of
39.17scientific and natural areas, and provide
39.18technical assistance and outreach. A list
39.19of proposed acquisitions must be provided
39.20as part of the required work program.
39.21Land acquired with this appropriation
39.22must be sufficiently improved to meet at
39.23least minimum management standards, as
39.24determined by the commissioner of natural
39.25resources. This appropriation is available
39.26until June 30, 2014, by which time the
39.27project must be completed and final products
39.28delivered.
39.29(f) La Salle Lake State Recreation Area
39.30Acquisition
39.31$1,000,000 the first year and $1,000,000
39.32the second year are is from the trust fund
39.33to the commissioner of natural resources
39.34for an agreement with The Trust for Public
39.35Land to acquire approximately 190 acres
40.1land to be designated as a state recreation
40.2area as provided in Minnesota Statutes,
40.3section 86A.05, subdivision 3, on La Salle
40.4Lake adjacent to the upper Mississippi
40.5River. If this acquisition is not completed
40.6by July 15, 2012, then the appropriation
40.7is available to the Department of Natural
40.8Resources for other state park and recreation
40.9area acquisitions on the priority list. Up to
40.10$10,000 may be retained by the Department
40.11of Natural Resources at the request of
40.12The Trust for Public Land for transaction
40.13costs, associated professional services, and
40.14restoration needs.
40.15(g) Minnesota River Valley Green
40.16Corridor Scientific and Natural Area
40.17Acquisition
40.18$1,000,000 the first year and $1,000,000
40.19the second year are from the trust fund
40.20to the commissioner of natural resources
40.21for an agreement with the Redwood Area
40.22Communities Foundation to acquire lands
40.23with high-quality native plant communities
40.24and rare features to be established as scientific
40.25and natural areas as provided in Minnesota
40.26Statutes, section 86A.05, subdivision 5. A list
40.27of proposed acquisitions must be provided
40.28as part of the required work program.
40.29Land acquired with this appropriation
40.30must be sufficiently improved to meet at
40.31least minimum management standards, as
40.32determined by the commissioner of natural
40.33resources. Up to $54,000 may be retained by
40.34the Department of Natural Resources at the
40.35request of the Redwood Area Communities
40.36Foundation for transaction costs, associated
41.1professional services, and restoration needs.
41.2This appropriation is available until June
41.330, 2014, by which time the project must be
41.4completed and final products delivered.
41.5(h) Native Prairie Stewardship and Native
41.6Prairie Bank Acquisition
41.7$500,000 the first year and $500,000 the
41.8second year are from the trust fund to the
41.9commissioner of natural resources to acquire
41.10native prairie bank easements, prepare
41.11baseline property assessments, restore and
41.12enhance native prairie sites, and provide
41.13technical assistance to landowners. This
41.14appropriation is available until June 30,
41.152014, by which time the project must be
41.16completed and final products delivered.
41.17(i) Metropolitan Conservation Corridors
41.18(MeCC) - Phase VI
41.19$1,737,000 the first year and $1,738,000
41.20the second year are from the trust fund
41.21to the commissioner of natural resources
41.22for the acceleration of agency programs
41.23and cooperative agreements. Of this
41.24appropriation, $150,000 the first year
41.25and $150,000 the second year are to the
41.26commissioner of natural resources for
41.27agency programs and $3,175,000 is for the
41.28agreements as follows: $100,000 the first
41.29year and $100,000 the second year with
41.30Friends of the Mississippi River; $517,000
41.31the first year and $518,000 the second year
41.32with Dakota County; $200,000 the first year
41.33and $200,000 the second year with Great
41.34River Greening; $220,000 the first year and
41.35$220,000 the second year with Minnesota
42.1Land Trust; $300,000 the first year and
42.2$300,000 the second year with Minnesota
42.3Valley National Wildlife Refuge Trust, Inc.;
42.4and $250,000 the first year and $250,000
42.5the second year with The Trust for Public
42.6Land for planning, restoring, and protecting
42.7priority natural areas in the metropolitan area,
42.8as defined under Minnesota Statutes, section
42.9473.121, subdivision 2 , and portions of the
42.10surrounding counties, through contracted
42.11services, technical assistance, conservation
42.12easements, and fee title acquisition. Land
42.13acquired with this appropriation must
42.14be sufficiently improved to meet at least
42.15minimum management standards, as
42.16determined by the commissioner of natural
42.17resources. Expenditures are limited to the
42.18identified project corridor areas as defined
42.19in the work program. This appropriation
42.20may not be used for the purchase of
42.21habitable residential structures, unless
42.22expressly approved in the work program. All
42.23conservation easements must be perpetual
42.24and have a natural resource management
42.25plan. Any land acquired in fee title by the
42.26commissioner of natural resources with
42.27money from this appropriation must be
42.28designated as an outdoor recreation unit
42.29under Minnesota Statutes, section 86A.07.
42.30The commissioner may similarly designate
42.31any lands acquired in less than fee title. A
42.32list of proposed restorations and fee title
42.33and easement acquisitions must be provided
42.34as part of the required work program. An
42.35entity that acquires a conservation easement
42.36with appropriations from the trust fund
43.1must have a long-term stewardship plan
43.2for the easement and a fund established for
43.3monitoring and enforcing the agreement.
43.4Money appropriated from the trust fund for
43.5easement acquisition may be used to establish
43.6a monitoring, management, and enforcement
43.7fund as approved in the work program. An
43.8annual financial report is required for any
43.9monitoring, management, and enforcement
43.10fund established, including expenditures
43.11from the fund. This appropriation is available
43.12until June 30, 2014, by which time the
43.13project must be completed and final products
43.14delivered.
43.15(j) Habitat Conservation Partnership
43.16(HCP) - Phase VII
43.17$1,737,000 the first year and $1,738,000
43.18the second year are from the trust fund
43.19to the commissioner of natural resources
43.20for the acceleration of agency programs
43.21and cooperative agreements. Of this
43.22appropriation, $125,000 the first year
43.23and $125,000 the second year are to the
43.24commissioner of natural resources for
43.25agency programs and $3,225,000 is for
43.26agreements as follows: $637,000 the first
43.27year and $638,000 the second year with
43.28Ducks Unlimited, Inc.; $38,000 the first year
43.29and $37,000 the second year with Friends
43.30of Detroit Lakes Wetland Management
43.31District; $25,000 the first year and $25,000
43.32the second year with Leech Lake Band of
43.33Ojibwe; $225,000 the first year and $225,000
43.34the second year with Minnesota Land Trust;
43.35$200,000 the first year and $200,000 the
43.36second year with Minnesota Valley National
44.1Wildlife Refuge Trust, Inc.; $242,000 the
44.2first year and $243,000 the second year
44.3with Pheasants Forever, Inc.; and $245,000
44.4the first year and $245,000 the second year
44.5with The Trust for Public Land to plan,
44.6restore, and acquire fragmented landscape
44.7corridors that connect areas of quality habitat
44.8to sustain fish, wildlife, and plants. The
44.9United States Department of Agriculture,
44.10Natural Resources Conservation Service,
44.11is an authorized cooperating partner in the
44.12appropriation. Expenditures are limited to
44.13the project corridor areas as defined in the
44.14work program. Land acquired with this
44.15appropriation must be sufficiently improved
44.16to meet at least minimum habitat and facility
44.17management standards, as determined by
44.18the commissioner of natural resources.
44.19This appropriation may not be used for the
44.20purchase of habitable residential structures,
44.21unless expressly approved in the work
44.22program. All conservation easements must
44.23be perpetual and have a natural resource
44.24management plan. Any land acquired in fee
44.25title by the commissioner of natural resources
44.26with money from this appropriation must
44.27be designated as an outdoor recreation unit
44.28under Minnesota Statutes, section 86A.07.
44.29The commissioner may similarly designate
44.30any lands acquired in less than fee title. A
44.31list of proposed restorations and fee title
44.32and easement acquisitions must be provided
44.33as part of the required work program. An
44.34entity who acquires a conservation easement
44.35with appropriations from the trust fund
44.36must have a long-term stewardship plan
45.1for the easement and a fund established for
45.2monitoring and enforcing the agreement.
45.3Money appropriated from the trust fund for
45.4easement acquisition may be used to establish
45.5a monitoring, management, and enforcement
45.6fund as approved in the work program. An
45.7annual financial report is required for any
45.8monitoring, management, and enforcement
45.9fund established, including expenditures
45.10from the fund. This appropriation is available
45.11until June 30, 2014, by which time the
45.12project must be completed and final products
45.13delivered.
45.14(k) Natural and Scenic Area Acquisition
45.15Grants
45.16$500,000 the first year and $500,000 the
45.17second year are from the trust fund to the
45.18commissioner of natural resources to provide
45.19matching grants to local governments for
45.20acquisition of natural and scenic areas, as
45.21provided in Minnesota Statutes, section
45.2285.019, subdivision 4a . This appropriation
45.23is available until June 30, 2014, by which
45.24time the project must be completed and final
45.25products delivered.
45.26(l) Acceleration of Minnesota Conservation
45.27Assistance
45.28$313,000 the first year and $312,000 the
45.29second year are from the trust fund to the
45.30Board of Water and Soil Resources to provide
45.31grants to soil and water conservation districts
45.32to provide technical assistance to secure
45.33enrollment and retention of private lands in
45.34federal and state programs for conservation.
46.1(m) Conservation Easement Stewardship
46.2and Enforcement Program - Phase II
46.3$250,000 the first year and $250,000 the
46.4second year are from the trust fund to
46.5the commissioner of natural resources to
46.6accelerate the implementation of the Phase
46.7I Conservation Easement Stewardship Plan
46.8being developed with an appropriation
46.9from Laws 2008, chapter 367, section 2,
46.10subdivision 5, paragraph (h).
46.11(n) Recovery of At-Risk Native Prairie
46.12Species
46.13$73,000 the first year and $74,000 the second
46.14year are from the trust fund to the Board of
46.15Water and Soil Resources for an agreement
46.16with the Martin County Soil and Water
46.17Conservation District to collect, propagate,
46.18and plant declining, at-risk native species
46.19on protected habitat and to enhance private
46.20market sources for local ecotype native seed.
46.21This appropriation is available until June
46.2230, 2014, by which time the project must be
46.23completed and final products delivered.
46.24(o) Understanding Threats, Genetic
46.25Diversity, and Conservation Options for
46.26Wild Rice
46.27$97,000 the first year and $98,000 the second
46.28year are from the trust fund to the Board
46.29of Regents of the University of Minnesota
46.30to research the genetic diversity of wild
46.31rice population throughout Minnesota for
46.32use in related conservation and restoration
46.33efforts. This appropriation is contingent upon
46.34demonstration of review and cooperation
46.35with the Native American tribal nations
47.1in Minnesota. Equipment purchased with
47.2this appropriation must be available for
47.3future publicly funded projects at no charge
47.4except for typical operating expenses. This
47.5appropriation is available until June 30,
47.62014, by which time the project must be
47.7completed and final products delivered.
47.8(p) Southeast Minnesota Stream
47.9Restoration
47.10$125,000 the first year and $125,000 the
47.11second year are from the trust fund to the
47.12commissioner of natural resources for an
47.13agreement with Trout Unlimited to restore at
47.14least four miles of riparian corridor for trout
47.15and nongame species in southeast Minnesota
47.16and increase local capacities to implement
47.17stream restoration through training and
47.18technical assistance. This appropriation is
47.19available until June 30, 2014, by which time
47.20the project must be completed and final
47.21products delivered.
47.22(q) Restoration Strategies for Ditched
47.23Peatland Scientific and Natural Areas
47.24$100,000 the first year and $100,000 the
47.25second year are from the trust fund to the
47.26commissioner of natural resources to evaluate
47.27the hydrology and habitat of the Winter Road
47.28Lake peatland watershed protection area to
47.29determine the effects of ditch abandonment
47.30and examine the potential for restoration
47.31of patterned peatlands. This appropriation
47.32is available until June 30, 2014, by which
47.33time the project must be completed and final
47.34products delivered.
48.1(r) Northeast Minnesota White Cedar
48.2Plant Community Restoration
48.3$125,000 for the first year and $125,000
48.4the second year are from the trust fund to
48.5the Board of Water and Soil Resources to
48.6assess the decline of northern white cedar
48.7plant communities in northeast Minnesota,
48.8prioritize cedar sites for restoration, and
48.9provide cedar restoration training to local
48.10units of government.
48.11(s) Land and Water Conservation Account
48.12(LAWCON) Federal Reimbursement
48.13$750,000 is from the state land and water
48.14conservation account (LAWCON) in the
48.15natural resources fund to the commissioner of
48.16natural resources for priorities established by
48.17the commissioner for eligible state projects
48.18and administrative and planning activities
48.19consistent with Minnesota Statutes, section
48.20116P.14 , and the federal Land and Water
48.21Conservation Fund Act. This appropriation
48.22is available until June 30, 2014, by which
48.23time the project must be completed and final
48.24products delivered.

48.25    Sec. 2. Laws 2011, First Special Session chapter 2, article 3, section 2, subdivision 9,
48.26is amended to read:
48.27
48.28
Subd. 9.Emerging Issues
4,522,000
4,213,000
3,213,000
48.29(a) Minnesota Conservation Apprentice
48.30Academy
48.31$100,000 the first year and $100,000 the
48.32second year are from the trust fund to
48.33the Board of Water and Soil Resources
48.34in cooperation with Conservation Corps
49.1Minnesota to train and mentor future
49.2conservation professionals by providing
49.3apprenticeship service opportunities to
49.4soil and water conservation districts. This
49.5appropriation is available until June 30,
49.62014, by which time the project must be
49.7completed and the final products delivered.
49.8(b) Chronic Wasting Disease and Animal
49.9Health
49.10$600,000 the first year and $600,000 the
49.11second year are from the trust fund to the
49.12commissioner of natural resources to address
49.13chronic wasting disease and accelerate
49.14wildlife health programs, including activities
49.15directly related to and necessary for this
49.16appropriation.
49.17(c) Aquatic Invasive Species
49.18$2,177,000 the first year and $3,513,000
49.19$2,513,000 the second year are from the
49.20trust fund to the commissioner of natural
49.21resources to accelerate aquatic invasive
49.22species programs, including the development
49.23and implementation of best management
49.24practices for public water access facilities
49.25to implement aquatic invasive species
49.26prevention strategies, including activities
49.27directly related to and necessary for this
49.28appropriation. $50,000 is for a grant
49.29to develop and produce a documentary
49.30identifying the challenges presented by
49.31aquatic invasive species. The documentary
49.32shall be available to the Department of
49.33Natural Resources to distribute to watercraft
49.34license purchasers and the general public
49.35through online and other media.
50.1(d) Reinvest in Minnesota Wetlands
50.2Reserve Acquisition and Restoration
50.3Program Partnership
50.4$1,645,000 the first year is to the Board
50.5of Water and Soil Resources to acquire
50.6permanent conservation easements and
50.7restore wetlands and associated upland
50.8habitat in cooperation with the United States
50.9Department of Agriculture Wetlands Reserve
50.10Program. A list of proposed land acquisitions
50.11must be provided as part of the required work
50.12program.
50.13(e) Limitation
50.14Appropriations in paragraphs (b) and (c) are
50.15not subject to Minnesota Statutes, sections
50.16116P.05, subdivision 2 , paragraph (b), and
50.17116P.09, subdivision 4 .

50.18    Sec. 3. AQUATIC INVASIVE SPECIES COOPERATIVE RESEARCH
50.19CENTER; APPROPRIATION.
50.20$2,000,000 is appropriated in fiscal year 2013 from the environment and natural
50.21resources trust fund to the Board of Regents of the University of Minnesota to develop
50.22and implement an Aquatic Invasive Species Cooperative Research Center, including
50.23equipment and facility development. As a condition of receiving this appropriation, the
50.24University of Minnesota is requested to collaborate with the commissioner of natural
50.25resources in developing solutions to control aquatic invasive species. Money appropriated
50.26in this section may not be spent on activities unless they are directly related to and
50.27necessary for the purposes of this section. Money appropriated in this section must not be
50.28spent on indirect costs or other institutional overhead charges that are not directly related
50.29to and necessary for the purposes of this section. This is a onetime appropriation and
50.30is available until June 30, 2018.

50.31ARTICLE 5
50.32ARTS AND CULTURAL HERITAGE FUND

50.33    Section 1. Minnesota Statutes 2010, section 16B.98, subdivision 5, is amended to read:
51.1    Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is
51.2not valid and the state is not bound by the grant unless:
51.3    (1) the grant has been executed by the head of the agency or a delegate who is
51.4party to the grant; and
51.5    (2) the accounting system shows an encumbrance for the amount of the grant in
51.6accordance with policy approved by the commissioner.; and
51.7(3) the grant agreement includes an effective date that references either section
51.816C.05, subdivision 2, or 16B.98, subdivisions 5 and 7, as determined by the granting
51.9agency.
51.10    (b) The combined grant agreement and amendments must not exceed five years
51.11without specific, written approval by the commissioner according to established policy,
51.12procedures, and standards, or unless the commissioner determines that a longer duration is
51.13in the best interest of the state.
51.14    (c) A fully executed copy of the grant agreement with all amendments and other
51.15required records relating to the grant must be kept on file at the granting agency for a time
51.16equal to that required of grantees in subdivision 8.
51.17    (d) Grant agreements must comply with policies established by the commissioner
51.18for minimum grant agreement standards and practices.
51.19    (e) The attorney general may periodically review and evaluate a sample of state
51.20agency grants to ensure compliance with applicable laws.

51.21    Sec. 2. Minnesota Statutes 2010, section 16B.98, subdivision 7, is amended to read:
51.22    Subd. 7. Grant payments. Payments to the grantee may not be issued until the
51.23grant agreement is fully executed. Encumbrances for grants issued by June 30 may be
51.24certified for a period of one year beyond the year in which the funds were originally
51.25appropriated as provided by section 16A.28, subdivision 6.

51.26    Sec. 3. Minnesota Statutes 2010, section 116U.26, is amended to read:
51.27116U.26 FILM PRODUCTION JOBS PROGRAM.
51.28    (a) The film production jobs program is created. The program shall be operated
51.29by the Minnesota Film and TV Board with administrative oversight and control by the
51.30director of Explore Minnesota Tourism commissioner of administration. The program
51.31shall make payment to producers of feature films, national television or Internet programs,
51.32documentaries, music videos, and commercials that directly create new film jobs in
51.33Minnesota. To be eligible for a payment, a producer must submit documentation to the
52.1Minnesota Film and TV Board of expenditures for production costs incurred in Minnesota
52.2that are directly attributable to the production in Minnesota of a film product.
52.3    The Minnesota Film and TV Board shall make recommendations to the director of
52.4Explore Minnesota Tourism commissioner of administration about program payment, but
52.5the director commissioner has the authority to make the final determination on payments.
52.6The director's commissioner's determination must be based on proper documentation of
52.7eligible production costs submitted for payments. No more than five percent of the funds
52.8appropriated for the program in any year may be expended for administration.
52.9    (b) For the purposes of this section:
52.10    (1) "production costs" means the cost of the following:
52.11    (i) a story and scenario to be used for a film;
52.12    (ii) salaries of talent, management, and labor, including payments to personal
52.13services corporations for the services of a performing artist;
52.14    (iii) set construction and operations, wardrobe, accessories, and related services;
52.15    (iv) photography, sound synchronization, lighting, and related services;
52.16    (v) editing and related services;
52.17    (vi) rental of facilities and equipment; or
52.18    (vii) other direct costs of producing the film in accordance with generally accepted
52.19entertainment industry practice; and
52.20    (2) "film" means a feature film, television or Internet show, documentary, music
52.21video, or television commercial, whether on film, video, or digital media. Film does not
52.22include news, current events, public programming, or a program that includes weather
52.23or market reports; a talk show; a production with respect to a questionnaire or contest; a
52.24sports event or sports activity; a gala presentation or awards show; a finished production
52.25that solicits funds; or a production for which the production company is required under
52.26United States Code, title 18, section 2257, to maintain records with respect to a performer
52.27portrayed in a single-media or multimedia program.
52.28    (c) Notwithstanding any other law to the contrary, the Minnesota Film and TV Board
52.29may make reimbursements of: (1) up to 20 percent of film production costs for films that
52.30locate production outside the metropolitan area, as defined in section 473.121, subdivision
52.312, or that incur production costs in excess of $5,000,000 in the metropolitan area within
52.32a 12-month period; or (2) up to 15 percent of film production costs for films that incur
52.33production costs of $5,000,000 or less in the metropolitan area within a 12-month period.

52.34    Sec. 4. Laws 2011, First Special Session chapter 6, article 4, section 2, subdivision 5,
52.35is amended to read:
53.1
53.2
Subd. 5.Minnesota Historical Society
12,050,000
12,050,000
12,950,000
53.3These amounts are appropriated to the
53.4governing board of the Minnesota Historical
53.5Society to preserve and enhance access to
53.6Minnesota's history and its cultural and
53.7historical resources. Grant agreements
53.8entered into by the Minnesota Historical
53.9Society and other recipients of appropriations
53.10in this subdivision shall ensure that
53.11these funds are used to supplement and
53.12not substitute for traditional sources of
53.13funding. Funds directly appropriated to the
53.14Minnesota Historical Society shall be used to
53.15supplement, and not substitute for, traditional
53.16sources of funding. Notwithstanding
53.17Minnesota Statutes, section 16A.28, for
53.18historic preservation projects that improve
53.19historic structures, the amounts are available
53.20until June 30, 2015.
53.21Statewide Historic and Cultural Grants.
53.22$5,250,000 the first year and $5,250,000
53.23$5,450,000 the second year are for history
53.24programs and projects operated or conducted
53.25by or through local, county, regional, or
53.26other historical or cultural organizations; or
53.27for activities to preserve significant historic
53.28and cultural resources. Funds are to be
53.29distributed through a competitive grants
53.30process. The Minnesota Historical Society
53.31shall administer these funds using established
53.32grants mechanisms, with assistance from
53.33the advisory committee created under Laws
53.342009, chapter 172, article 4, section 2,
53.35subdivision 4, paragraph (b), item (ii).
54.1Programs. $4,800,000 the first year and
54.2$4,800,000 $5,200,000 the second year are
54.3for programs and purposes related to the
54.4historical and cultural heritage of the state
54.5of Minnesota, conducted by the Minnesota
54.6Historical Society.
54.7History Partnerships. $1,500,000 the first
54.8year and $1,500,000 $1,700,000 the second
54.9year are for partnerships involving multiple
54.10organizations, which may include the
54.11Minnesota Historical Society, to preserve and
54.12enhance access to Minnesota's history and
54.13cultural heritage in all regions of the state.
54.14Statewide Survey of Historical and
54.15Archaeological Sites. $250,000 the first
54.16year and $250,000 the second year are
54.17for a contract or contracts to be let on a
54.18competitive basis to conduct statewide
54.19surveys of Minnesota's sites of historical,
54.20archaeological, and cultural significance.
54.21Results of this survey must be published in
54.22a searchable form, available to the public on
54.23a cost-free basis. The Minnesota Historical
54.24Society, the Office of the State Archaeologist,
54.25and the Indian Affairs Council shall each
54.26appoint a representative to an oversight
54.27board to select contractors and direct the
54.28conduct of these surveys. The oversight
54.29board shall consult with the Departments of
54.30Transportation and Natural Resources.
54.31Digital Library. $250,000 the first year and
54.32$250,000 the second year are for a digital
54.33library project to preserve, digitize, and share
54.34Minnesota images, documents, and historical
54.35materials. The Minnesota Historical Society
55.1shall cooperate with the Minitex interlibrary
55.2loan system and shall jointly share this
55.3appropriation for these purposes.
55.4Commemoration Activities. $100,000
55.5the second year is for activities that
55.6commemorate the sesquicentennial of
55.7the American Civil War and the Dakota
55.8Conflict, as recommended by the Civil War
55.9Commemoration Task Force established in
55.10Executive Order 11-15 (2011).

55.11    Sec. 5. COMMEMORATION PROGRAMMING; APPROPRIATION.
55.12$80,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund
55.13to the commissioner of administration for grants to public broadcasting organizations to
55.14develop programming that commemorates the sesquicentennial. Of this appropriation,
55.15$50,000 is for grants to the Minnesota Public Television Association and $30,000 is for
55.16public radio grants.

55.17    Sec. 6. FILM PRODUCTION INCENTIVE PROGRAM; APPROPRIATION.
55.18$600,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund
55.19to the commissioner of administration for a grant to the Minnesota Film and TV Board
55.20for a new competitive film production incentive program. The Minnesota Film and TV
55.21Board in consultation with Independent Feature Project/Minnesota shall reimburse film
55.22producers for eligible production costs incurred to produce a film or documentary in
55.23Minnesota. Eligible production costs are expenditures incurred in Minnesota that are
55.24directly attributable to the production of a film or documentary in Minnesota. Eligible
55.25production costs include talent, management, labor, set construction and operation,
55.26wardrobe, sound synchronization, lighting, editing, rental facilities and equipment, and
55.27other direct costs of producing a film or documentary in accordance with generally
55.28accepted entertainment industry practices. A producer must agree, to the greatest extent
55.29possible, to procure all eligible production inputs in Minnesota. A producer must submit
55.30proper documentation of eligible production costs incurred. The commissioner of
55.31administration may use up to one percent of this appropriation for grant administration.

55.32    Sec. 7. HISTORICAL RULEMAKING WEB SITE; APPROPRIATION.
56.1$35,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund to
56.2the revisor of statutes to design and implement a Web site to provide the public searchable
56.3access to historical documents relating to state agency rulemaking. It is anticipated that
56.4the revisor of statutes will match this appropriation from carryforward funds and that the
56.5revisor will use the carryforward funds to design and implement a Web site that will
56.6provide the public searchable access to future state agency rulemaking documents.

56.7    Sec. 8. LEGACY FUNDING REQUIREMENTS APPLY.
56.8All appropriations in this article are onetime and are subject to the requirements
56.9and availability provisions provided under Laws 2011, First Special Session chapter 6,
56.10articles 4 and 5. Each direct recipient of money appropriated in this article, as well as each
56.11recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
56.12requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
56.13Special Session chapter 6, articles 4 and 5.

56.14ARTICLE 6
56.15GENERAL

56.16    Section 1. Minnesota Statutes 2011 Supplement, section 3.303, subdivision 10, is
56.17amended to read:
56.18    Subd. 10. Constitutionally dedicated funding accountability. (a) The Legislative
56.19Coordinating Commission shall develop and maintain a user-friendly, public-oriented
56.20Web site that informs, educates, and demonstrates to the public how the constitutionally
56.21dedicated funds in the arts and cultural heritage fund, outdoor heritage fund, clean water
56.22fund, parks and trails fund, and environment and natural resources trust fund are being
56.23expended to meet the requirements established for each fund in the state constitution.
56.24Information provided on the Web site must include, but is not limited to:
56.25(1) information on all project proposals received by the Outdoor Heritage Council
56.26and the Legislative-Citizen Commission on Minnesota Resources;
56.27(2) information on all projects receiving funding, including:
56.28(i) the name of the project and a project description;
56.29(ii) the name, telephone number, members of the board or equivalent governing
56.30body, and e-mail address of the funding recipient and, when applicable, the Web site
56.31address where the public can directly access detailed information on the recipient's receipt
56.32and use of money for the project;
56.33(iii) the amount and source of funding, including the fiscal year of the appropriation;
56.34(iv) the amount and source of any additional funding or leverage;
57.1(v) the duration of the project;
57.2(vi) the number of full-time equivalents funded under the project. For the purposes
57.3of this item, "full-time equivalent" means a position directly attributed to the receipt of
57.4money from one or more of the funds covered under this section, calculated as the total
57.5number of hours planned for the position divided by 2,088;
57.6(vii) the direct expenses and administration costs of the project;
57.7(viii) proposed measurable outcomes and the plan for measuring and evaluating
57.8the results;
57.9(ix) for pass-through, noncompetitive grants, the entity acting as the fiscal agent or
57.10administering agency and a point of contact for additional information; and
57.11    (x) for competitive grants, the name and a brief description of the qualifications of
57.12all board members or members of an equivalent governing body ultimately responsible
57.13for awarding the grants, as well as any grant-making advisory group. In addition, an
57.14entity that awards competitive grants, including but not limited to a state agency or any
57.15statewide, regional, or local organization, must report whether an employee, decision
57.16maker, advisory group member, or other person involved in the grant process disclosed
57.17a conflict of interest or potential conflict of interest. If the entity reports that a conflict
57.18of interest or potential conflict of interest was disclosed, the entity must provide the
57.19Legislative Coordinating Commission with a contact person for additional information and
57.20the Legislative Coordinating Commission must post this information on the Web site. An
57.21entity that awards competitive grants must obtain and apply the conflict of interest policies
57.22developed by the commissioner of administration under section 16B.98, subdivision 3,
57.23unless the entity maintains and applies its own documented conflict of interest policies
57.24which are substantially similar to the commissioner of administration's policies;
57.25(3) actual measured outcomes and evaluation of projects as required under sections
57.2685.53 , subdivision 2; 114D.50, subdivision 4; and 129D.17, subdivision 2;
57.27(4) education about the areas and issues the projects address, including, when
57.28feasible, maps of where projects have been undertaken;
57.29(5) all frameworks developed for future uses of each fund; and
57.30(6) methods by which members of the public may apply for project funds under
57.31any of the constitutionally dedicated funds.
57.32Information that could be used to identify, contact, or locate an individual minor
57.33shall be withheld from the information required for the Web site.
57.34(b) As soon as practicable or by January 15 of the applicable fiscal year, whichever
57.35comes first, a state agency or other recipient of a direct appropriation from a fund covered
57.36under this section shall submit the information required under paragraph (a) and, when
58.1applicable, compile and submit the same information for any grant recipient or other
58.2subrecipient of funding. All information for proposed and funded projects, including
58.3the proposed measurable outcomes, must be made available on the Web site as soon
58.4as practicable. Information on the measured outcomes and evaluation must be posted
58.5as soon as it becomes available. The costs of these activities shall be paid out of the
58.6arts and cultural heritage fund, outdoor heritage fund, clean water fund, parks and
58.7trails fund, and the environment and natural resources trust fund proportionately. For
58.8purposes of this section, "measurable outcomes" means outcomes, indicators, or other
58.9performance measures that may be quantified or otherwise measured in order to measure
58.10the effectiveness of a project or program in meeting its intended goal or purpose.
58.11(c) The Legislative Coordinating Commission shall be responsible for receiving all
58.12ten-year plans and 25-year frameworks for each of the constitutionally dedicated funds. To
58.13the extent practicable, staff for the commission shall provide assistance and oversight to
58.14these planning efforts and shall coordinate public access to hearings and public meetings
58.15for all planning efforts."
58.16Delete the title and insert:
58.17"A bill for an act
58.18relating to natural resources; appropriating money from the outdoor heritage
58.19fund, clean water fund, arts and cultural heritage fund, and environment and
58.20natural resources trust fund; modifying requirements for outdoor heritage
58.21fund appropriations; appropriating money for an Aquatic Invasive Species
58.22Cooperative Research Center; modifying prior appropriations; modifying
58.23certain parks and trails grant program provisions; changing provisions of
58.24grant management; changing control and oversight of the film production jobs
58.25program to the commissioner of administration;amending Minnesota Statutes
58.262010, sections 16B.98, subdivisions 5, 7; 85.535, subdivision 3; 97A.056, by
58.27adding subdivisions; 116U.26; Minnesota Statutes 2011 Supplement, sections
58.283.303, subdivision 10; 114D.30, subdivision 4; Laws 2009, chapter 172, article
58.292, section 4, as amended; article 3, section 3; Laws 2011, First Special Session
58.30chapter 2, article 3, section 2, subdivisions 4, 9; Laws 2011, First Special Session
58.31chapter 6, article 2, section 7; article 4, section 2, subdivision 5."
59.1
We request the adoption of this report and repassage of the bill.
59.2
Senate Conferees:
59.3
.....
.....
59.4
Bill G. Ingebrigtsen
John J. Carlson
59.5
.....
59.6
Tom Saxhaug
59.7
House Conferees:
59.8
.....
.....
59.9
Dean Urdahl
Denny McNamara
59.10
.....
59.11
Leon Lillie