Minnesota Legislature
SF 2493
2nd Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 04/05/2012 09:56am
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to state government; appropriating money from the outdoor heritage
1.3fund, clean water fund, and arts and cultural heritage fund; modifying
1.4requirements for outdoor heritage fund appropriations; providing for public
1.5grazing program; changing provisions of grant management; changing control
1.6and oversight of the film production jobs program to the commissioner of
1.7administration; modifying prior appropriations;amending Minnesota Statutes
1.82010, sections 16B.98, subdivisions 5, 7; 97A.056, by adding subdivisions;
1.9116U.26; Minnesota Statutes 2011 Supplement, section 114D.30, subdivision 4;
1.10Laws 2009, chapter 172, article 2, section 4, as amended; article 3, section 3;
1.11Laws 2011, First Special Session chapter 6, article 1, section 2, subdivision 9;
1.12article 2, section 7; article 4, section 2, subdivision 5; proposing coding for new
1.13law in Minnesota Statutes, chapter 84.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.18The sums shown in the columns marked "Appropriations" are appropriated to the
1.19agencies and for the purposes specified in this article. The appropriations are from the
1.20outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
1.21figures "2012" and "2013" used in this article mean that the appropriations listed under the
1.22figure are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively.
1.23"The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium"
1.24is fiscal years 2012 and 2013. The appropriations in this article are onetime.
2.3This appropriation is from the outdoor
2.4heritage fund. The amounts that may be
2.5spent for each purpose are specified in the
2.6following subdivisions.
2.10$2,090,000 in the second year is to the
2.11Board of Water and Soil Resources in
2.12cooperation with Pheasants Forever to
2.13acquire permanent conservation easements
2.14to enhance habitat by expanding clean water
2.15fund riparian wildlife buffers on private land.
2.16A list of proposed permanent conservation
2.17easements must be provided as part of the
2.18final report. The accomplishment plan must
2.19include an easement stewardship plan. Up
2.20to $90,000 is for establishing a monitoring
2.21and enforcement fund as approved in
2.22the accomplishment plan and subject to
2.23Minnesota Statutes, section97A.056 ,
2.24subdivision 17. An annual financial report is
2.25required for any monitoring and enforcement
2.26fund established, including expenditures
2.27from the fund and a description of annual
2.28monitoring and enforcement activities.
2.31$4,610,000 in the second year is to the
2.32commissioner of natural resources for an
2.33agreement with The Nature Conservancy to
2.34acquire native prairie and savanna and restore
2.35and enhance grasslands and savanna. A list of
3.1proposed land acquisitions must be provided
3.2as part of the required accomplishment plan.
3.3Annual income statements and balance sheets
3.4for income and expenses from land acquired
3.5with this appropriation must be submitted to
3.6the Lessard-Sams Outdoor Heritage Council
3.7no later than 180 days following the close of
3.8The Nature Conservancy's fiscal year.
3.11$1,760,000 in the second year is to the
3.12commissioner of natural resources for an
3.13agreement with The Trust for Public Land
3.14to acquire and restore lands in the Cannon
3.15River watershed for wildlife management
3.16area purposes under Minnesota Statutes,
3.17section86A.05 , subdivision 8, or aquatic
3.18management area purposes under Minnesota
3.19Statutes, sections86A.05 , subdivision
3.2014, and97C.02 . A list of proposed land
3.21acquisitions must be provided as part of the
3.22required accomplishment plan.
3.24$2,900,000 in the second year is to the
3.25commissioner of natural resources to acquire
3.26land in fee for wildlife management area
3.27purposes under Minnesota Statutes, section
3.2886A.05 , subdivision 8. A list of proposed
3.29land acquisitions must be provided as part of
3.30the required accomplishment plan.
3.33$1,580,000 in the second year is to the
3.34commissioner of natural resources for an
3.35agreement with The Nature Conservancy
4.1in cooperation with the United States Fish
4.2and Wildlife Service to acquire land in
4.3fee or permanent conservation easements
4.4within the Northern Tallgrass Prairie Habitat
4.5Preservation Area in western Minnesota for
4.6addition to the Northern Tallgrass Prairie
4.7National Wildlife Refuge. A list of proposed
4.8land acquisitions must be provided as part
4.9of the required accomplishment plan. The
4.10accomplishment plan must include an
4.11easement monitoring and enforcement plan.
4.14$3,300,000 in the second year is to the
4.15commissioner of natural resources for an
4.16agreement with Pheasants Forever to acquire
4.17land in fee for wildlife management area
4.18purposes under Minnesota Statutes, section
4.1986A.05 , subdivision 8. A list of proposed
4.20land acquisitions must be provided as part of
4.21the required accomplishment plan.
4.23$1,730,000 in the second year is to the
4.24commissioner of natural resources for
4.25an agreement with the Redwood Area
4.26Development Corporation to acquire land in
4.27fee for wildlife management area purposes
4.28under Minnesota Statutes, section86A.05 ,
4.29subdivision 8, and for aquatic management
4.30areas under Minnesota Statutes, sections
4.3186A.05 , subdivision 14, and
97C.02 . A list of
4.32proposed land acquisitions must be provided
4.33as part of the required accomplishment plan.
5.1$4,300,000 in the second year is to the
5.2commissioner of natural resources to
5.3accelerate the restoration and enhancement
5.4of wildlife management areas, scientific
5.5and natural areas, and land under native
5.6prairie bank easements. A list of proposed
5.7restorations and enhancements must
5.8be provided as part of the required
5.9accomplishment plan.
5.12$1,050,000 in the second year is to the
5.13commissioner of natural resources for
5.14agreements to restore and enhance habitat on
5.15public lands in the Anoka Sand Plain and
5.16along the Rum River as follows: $558,750 to
5.17Great River Greening; $99,400 to the Anoka
5.18Conservation District; and $391,850 to the
5.19National Wild Turkey Federation. A list
5.20of proposed restorations and enhancements
5.21must be provided as part of the required
5.22accomplishment plan.
5.24$1,281,000 in the second year is to the
5.25commissioner of natural resources for
5.26an agreement with Pheasants Forever in
5.27cooperation with the Minnesota Prairie
5.28Chicken Society to restore and enhance
5.29habitat on public lands. The commissioner of
5.30natural resources, as part of the agreement,
5.31shall assist in the development of a plan,
5.32including identifying project locations,
5.33to ensure that projects funded under this
5.34paragraph have long-term results. The
5.35criteria for selection of projects must be
6.1included in the accomplishment plan and
6.2projects must be ranked based upon the
6.3expected increase in the number of prairie
6.4chickens and other targeted species per
6.5acre, with projects with the highest increase
6.6receiving the highest ranking. A list of
6.7proposed restorations and enhancements
6.8must be provided as part of the final report.
6.9Funds from this appropriation may not be
6.10used to acquire private land or otherwise
6.11remove property tax obligations on private
6.12land.
6.16$480,000 in the second year is to the
6.17Board of Water and Soil Resources to
6.18acquire permanent conservation easements
6.19on land adjacent to the Nokasippi River
6.20and the boundaries of the Minnesota
6.21National Guard Army compatible use buffer
6.22(ACUB). A list of proposed land acquisitions
6.23must be provided as part of the required
6.24accomplishment plan. The accomplishment
6.25plan must include an easement stewardship
6.26plan. Up to $4,800 is for establishing
6.27a monitoring and enforcement fund as
6.28approved in the accomplishment plan and
6.29subject to Minnesota Statutes, section
6.3097A.056 , subdivision 17. An annual financial
6.31report is required for any monitoring and
6.32enforcement fund established, including
6.33expenditures from the fund and a description
6.34of annual monitoring and enforcement
6.35activities.
7.3$7,040,000 in the second year is to the
7.4commissioner of natural resources to
7.5acquire land in fee along the Mississippi
7.6River in Crow Wing County to be added
7.7to Crow Wing State Forest. Prior to the
7.8acquisition, an independent state appraisal
7.9must be conducted and the purchase price
7.10must not exceed the appraised fair market
7.11value determined by the appraisal. A land
7.12description must be provided as part of the
7.13required accomplishment plan. Development
7.14of a paved trail on land acquired under this
7.15paragraph constitutes an alteration of the
7.16intended use of the interest in real property
7.17and must be handled according to Minnesota
7.18Statutes, section97A.056 , subdivision 15.
7.19The commissioner of natural resources shall
7.20consult with the Lessard-Sams Outdoor
7.21Heritage Council when planning for any
7.22paved trail on land acquired with this
7.23appropriation, including any plans for trail
7.24alignment.
7.27$1,340,000 in the second year is to the
7.28commissioner of natural resources for
7.29an agreement with Pheasants Forever in
7.30cooperation with the Minnesota Sharp-Tailed
7.31Grouse Society to acquire and enhance
7.32lands for wildlife management area purposes
7.33under Minnesota Statutes, section86A.05 ,
7.34subdivision 8. A list of proposed land
7.35acquisitions must be provided as part of the
7.36required accomplishment plan.
8.3$480,000 in the second year is to the
8.4commissioner of natural resources for an
8.5agreement with Cass County to acquire land
8.6in fee in Cass County for forest wildlife
8.7habitat. A list of proposed land acquisitions
8.8must be provided as part of the required
8.9accomplishment plan.
8.11$960,000 in the second year is to the
8.12commissioner of natural resources for an
8.13agreement with the Minnesota Deer Hunters
8.14Association to restore and enhance public
8.15forest lands in northeastern Minnesota
8.16for moose habitat purposes. A list of
8.17proposed restorations and enhancements
8.18must be provided as part of the required
8.19accomplishment plan.
8.23$13,810,000 in the second year is to the
8.24Board of Water and Soil Resources to
8.25acquire permanent conservation easements
8.26and restore wetlands and associated upland
8.27habitat in cooperation with the United
8.28States Department of Agriculture Wetlands
8.29Reserve Program. A list of land acquisitions
8.30must be provided as part of the final report.
8.31The accomplishment plan must include
8.32an easement stewardship plan. Up to
8.33$180,000 is for establishing a monitoring
8.34and enforcement fund as approved in
8.35the accomplishment plan and subject to
9.1Minnesota Statutes, section97A.056 ,
9.2subdivision 17. An annual financial report is
9.3required for any monitoring and enforcement
9.4fund established, including expenditures
9.5from the fund and a description of annual
9.6monitoring and enforcement activities.
9.9$5,400,000 in the second year is to the
9.10commissioner of natural resources for an
9.11agreement with Pheasants Forever to acquire
9.12land in fee to be managed and designated as
9.13waterfowl production areas in Minnesota,
9.14in cooperation with the United States Fish
9.15and Wildlife Service. A list of proposed land
9.16acquisitions must be provided as part of the
9.17required accomplishment plan.
9.19$940,000 in the second year is to the
9.20commissioner of natural resources for an
9.21agreement with Anoka County to acquire
9.22land in fee for conservation purposes that
9.23connect wetlands and shallow lakes to
9.24the Lamprey Pass Wildlife Management
9.25Area. A list of proposed land acquisitions
9.26must be provided as part of the required
9.27accomplishment plan.
9.30$4,490,000 in the second year is to the
9.31commissioner of natural resources for an
9.32agreement with Ducks Unlimited to assess,
9.33restore, and enhance shallow lakes and
9.34wetlands, including technical assistance,
9.35survey, design, and engineering to develop
10.1new enhancement and restoration projects
10.2for future implementation. A list of
10.3proposed restorations and enhancements
10.4must be provided as part of the required
10.5accomplishment plan.
10.8$3,870,000 in the second year is to the
10.9commissioner of natural resources to
10.10develop engineering designs and complete
10.11construction to enhance shallow lakes and
10.12wetlands. A list of proposed restorations and
10.13enhancements must be provided as part of
10.14the required accomplishment plan. Work
10.15must be completed within three years of the
10.16effective date of this article.
10.18$2,630,000 in the second year is to the
10.19commissioner of natural resources to
10.20complete design and construction to modify
10.21the dam at Marsh Lake and return the historic
10.22outlet of the Pomme de Terre River to Lac
10.23Qui Parle.
10.26 $3,480,000 in the second year is to the
10.27commissioner of natural resources to
10.28acquire interests in land in fee or permanent
10.29conservation easements for aquatic
10.30management areas under Minnesota Statutes,
10.31sections86A.05 , subdivision 14, and
10.3297C.02 , and to restore and enhance aquatic
10.33habitat. A list of proposed land acquisitions
10.34must be provided as part of the required
10.35accomplishment plan. The accomplishment
11.1plan must include an easement stewardship
11.2plan. Up to $25,000 is for establishing
11.3a monitoring and enforcement fund as
11.4approved in the accomplishment plan and
11.5subject to Minnesota Statutes, section
11.697A.056 , subdivision 17. An annual financial
11.7report is required for any monitoring and
11.8enforcement fund established, including
11.9expenditures from the fund and a description
11.10of annual monitoring and enforcement
11.11activities.
11.13$3,680,000 in the second year is to the
11.14commissioner of natural resources for
11.15agreements to acquire interests in land in
11.16fee or permanent conservation easements
11.17and to restore and enhance natural systems
11.18associated with the Mississippi, Minnesota,
11.19and St. Croix Rivers as follows: $1,000,000
11.20to the Minnesota Valley National Wildlife
11.21Refuge Trust, Inc.; $375,000 to the Friends
11.22of the Mississippi; $375,000 to Great River
11.23Greening; $930,000 to The Minnesota
11.24Land Trust; and $1,000,000 to The Trust
11.25for Public Land. A list of proposed
11.26acquisitions, restorations, and enhancements
11.27must be provided as part of the required
11.28accomplishment plan. The accomplishment
11.29plan must include an easement stewardship
11.30plan. Up to $51,000 is for establishing
11.31a monitoring and enforcement fund as
11.32approved in the accomplishment plan and
11.33subject to Minnesota Statutes, section
11.3497A.056 , subdivision 17. An annual financial
11.35report is required for any monitoring and
11.36enforcement fund established, including
12.1expenditures from the fund and a description
12.2of annual monitoring and enforcement
12.3activities.
12.6$480,000 in the second year is to the
12.7commissioner of natural resources for an
12.8agreement with Dakota County to acquire
12.9permanent conservation easements and
12.10restore and enhance habitats along the
12.11Mississippi, Cannon, and Vermillion Rivers.
12.12A list of proposed acquisitions, restorations,
12.13and enhancements must be provided as
12.14part of the required accomplishment plan.
12.15The accomplishment plan must include
12.16an easement stewardship plan. Up to
12.17$20,000 is for establishing a monitoring
12.18and enforcement fund as approved in
12.19the accomplishment plan and subject to
12.20Minnesota Statutes, section97A.056 ,
12.21subdivision 17. An annual financial report is
12.22required for any monitoring and enforcement
12.23fund established, including expenditures
12.24from the fund and a description of annual
12.25monitoring and enforcement activities.
12.27$3,670,000 in the second year is to the
12.28commissioner of natural resources to restore
12.29habitat in the lower St. Louis River estuary.
12.30A list of proposed projects must be provided
12.31as part of the required accomplishment plan.
12.34$2,120,000 in the second year is to the
12.35commissioner of natural resources for an
13.1agreement with Minnesota Trout Unlimited
13.2to restore and enhance coldwater fish lake,
13.3river, and stream habitats in Minnesota. A list
13.4of proposed restorations and enhancements
13.5must be provided as part of the required
13.6accomplishment plan.
13.8$2,320,000 in the second year is to the
13.9commissioner of natural resources for an
13.10agreement with the Red Lake Watershed
13.11District to restore and enhance stream and
13.12related habitat in Grand Marais Creek. A list
13.13of proposed restorations and enhancements
13.14must be provided as part of the required
13.15accomplishment plan.
13.17$380,000 in the second year is to the
13.18commissioner of natural resources for an
13.19agreement with the Lake Superior Steelhead
13.20Association to restore trout habitat in the
13.21Upper Knife River Watershed. A list of
13.22proposed restorations must be provided as
13.23part of the required accomplishment plan.
13.25$7,500,000 in the second year is to the
13.26commissioner of natural resources to design,
13.27construct, operate, and evaluate electric
13.28fish barriers and surrounding structures for
13.29Asian carp to protect Minnesota's aquatic
13.30habitat from Asian carp on the Mississippi
13.31River. This appropriation may not be used
13.32for the installation of sound projector arrays,
13.33bioacoustic fish fences, high intensity light
13.34barriers, or air bubble curtains. Use of this
14.1money requires a one-to-one match for
14.2projects on state boundary waters.
14.5$2,200,000 in the second year is to the Board
14.6of Regents of the University of Minnesota
14.7for research on aquatic invasive species that
14.8threaten or have the potential to threaten
14.9the state's lakes, rivers, streams, wetlands,
14.10and other aquatic habitats for fish, game,
14.11and wildlife. This appropriation is added to
14.12the appropriation in article 2, section 4, for
14.13the purposes specified in that section and is
14.14available until June 30, 2018.
14.16$300,000 in the second year is to the
14.17commissioner of natural resources for
14.18grants to local units of government and lake
14.19associations for aquatic habitat restoration.
14.22$4,990,000 in the second year is to the
14.23commissioner of natural resources for a
14.24program to provide competitive, matching
14.25grants of up to $400,000 to local, regional,
14.26state, and national organizations for
14.27enhancing, restoring, or protecting forests,
14.28wetlands, prairies, and habitat for fish, game,
14.29or wildlife in Minnesota. Grants shall not
14.30be made for activities required to fulfill
14.31the duties of owners of lands subject to
14.32conservation easements. Grants shall not be
14.33made from appropriations in this paragraph
14.34for projects that have a total project cost
14.35exceeding $575,000. $366,000 of this
15.1appropriation may be spent for personnel
15.2costs and other direct and necessary
15.3administrative costs. Grantees may acquire
15.4land or interests in land. Easements must be
15.5permanent. Land acquired in fee must be
15.6open to hunting and fishing during the open
15.7season unless otherwise provided by state
15.8law. The program shall require a match of
15.9at least ten percent from nonstate sources
15.10for all grants. The match may be cash or
15.11in-kind resources. For grant applications
15.12of $25,000 or less, the commissioner shall
15.13provide a separate, simplified application
15.14process. Subject to Minnesota Statutes, the
15.15commissioner of natural resources shall,
15.16when evaluating projects of equal value,
15.17give priority to organizations that have a
15.18history of receiving or charter to receive
15.19private contributions for local conservation
15.20or habitat projects. If acquiring land or a
15.21conservation easement, priority shall be
15.22given to projects associated with existing
15.23wildlife management areas under Minnesota
15.24Statutes, section86A.05 , subdivision 8;
15.25scientific and natural areas under Minnesota
15.26Statutes, sections84.033 and 86A.05,
15.27subdivision 5; and aquatic management areas
15.28under Minnesota Statutes, sections86A.05 ,
15.29subdivision 14, and97C.02 . All restoration
15.30or enhancement projects must be on land
15.31permanently protected by a conservation
15.32easement or public ownership or in public
15.33waters as defined in Minnesota Statutes,
15.34section103G.005 , subdivision 15. Priority
15.35shall be given to restoration and enhancement
15.36projects on public lands. Minnesota Statutes,
16.1section97A.056 , subdivision 13, applies
16.2to grants awarded under this paragraph.
16.3This appropriation is available until June
16.430, 2016. No less than five percent of the
16.5amount of each grant must be held back from
16.6reimbursement until the grant recipient has
16.7completed a grant accomplishment report by
16.8the deadline and in the form prescribed by
16.9and satisfactory to the Lessard-Sams Outdoor
16.10Heritage Council. The commissioner shall
16.11provide notice of the grant program in
16.12the game and fish law summaries that are
16.13prepared under Minnesota Statutes, section
16.1497A.051 , subdivision 2.
16.17$175,000 in the second year is to the
16.18commissioner of natural resources for
16.19contract management duties assigned in this
16.20section. The commissioner shall provide a
16.21work program in the form specified by the
16.22Lessard-Sams Outdoor Heritage Council
16.23on the expenditure of this appropriation.
16.24No money may be expended prior to
16.25Lessard-Sams Outdoor Heritage Council
16.26approval of the work program.
16.28$84,000 in the second year is to the
16.29commissioner of natural resources for a
16.30technical evaluation panel to conduct up to
16.31ten restoration evaluations under Minnesota
16.32Statutes, section97A.056 , subdivision 10.
17.1Money appropriated in this section may
17.2not be spent on activities unless they are
17.3directly related to and necessary for a
17.4specific appropriation and are specified in
17.5the accomplishment plan approved by the
17.6Lessard-Sams Outdoor Heritage Council.
17.7Money appropriated in this section must not
17.8be spent on indirect costs or other institutional
17.9overhead charges that are not directly related
17.10to and necessary for a specific appropriation.
17.11Unless otherwise provided, the amounts
17.12in this section are available until June 30,
17.132015, when projects must be completed and
17.14final accomplishments reported. Funds for
17.15restoration or enhancement are available
17.16until June 30, 2017, or four years after
17.17acquisition, whichever is later, in order to
17.18complete initial restoration or enhancement
17.19work. If a project receives federal funds,
17.20the time period of the appropriation is
17.21extended to equal the availability of federal
17.22funding. Funds appropriated for fee title
17.23acquisition of land may be used to restore,
17.24enhance, and provide for public use of the
17.25land acquired with the appropriation. Public
17.26use facilities must have a minimal impact
17.27on habitat in acquired lands. If the purchase
17.28price for a fee title acquisition funded with
17.29an appropriation in this article falls below
17.30the estimated purchase price contained in
17.31the approved accomplishment plan and no
17.32other acquisitions are listed in the approved
17.33accomplishment plan, the difference between
17.34the purchase price and the estimated purchase
17.35price is canceled and returned to the outdoor
17.36heritage fund.
18.3All agreements referred to in this section must
18.4be administered on a reimbursement basis
18.5unless otherwise provided in this section.
18.6Notwithstanding Minnesota Statutes, section
18.716A.41 , expenditures directly related to each
18.8appropriation's purpose made on or after July
18.91, 2012, or the date of accomplishment plan
18.10approval, whichever is later, are eligible for
18.11reimbursement unless otherwise provided in
18.12this section. Periodic reimbursement must
18.13be made upon receiving documentation that
18.14the items articulated in the accomplishment
18.15plan approved by the Lessard-Sams Outdoor
18.16Heritage Council have been achieved,
18.17including partial achievements as evidenced
18.18by progress reports approved by the
18.19Lessard-Sams Outdoor Heritage Council.
18.20Reasonable amounts may be advanced to
18.21projects to accommodate cash flow needs,
18.22support future management of acquired
18.23lands, or match a federal share. The
18.24advances must be approved as part of the
18.25accomplishment plan. Capital equipment
18.26expenditures for specific items in excess of
18.27$10,000 must be itemized in and approved as
18.28part of the accomplishment plan.
18.29 Sec. 3. [84.972] PRAIRIE AND GRASSLANDS PUBLIC GRAZING PROGRAM.
18.30The commissioner of natural resources shall establish a prairie and grasslands public
18.31grazing program. The commissioner shall enter into cooperative farming agreements
18.32or lease agreements with livestock owners to annually graze prairie and grasslands
18.33administered by the commissioner where grazing will enhance wildlife habitat, including
18.34management of invasive species. The commissioner shall establish a target of at least
18.3550,000 acres of prairie and grasslands to be enrolled in the prairie and grasslands public
19.1grazing program. The commissioner shall maintain a list of lands grazed under the
19.2program describing the location, acreage, and years grazed. The program shall have a goal
19.3of being financially self-sufficient. Unless otherwise provided by law, revenues received
19.4under this section shall be deposited in the game and fish fund and are appropriated to the
19.5commissioner for purposes of the program.
19.6 Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
19.7to read:
19.8 Subd. 12. Accomplishment plans. It is a condition of acceptance of money
19.9appropriated from the outdoor heritage fund that the agency or entity using the
19.10appropriation submits an accomplishment plan and periodic accomplishment reports
19.11to the Lessard-Sams Outdoor Heritage Council in the form determined by the council.
19.12The accomplishment plan must identify the project manager responsible for expending
19.13the appropriation and the final product. The accomplishment plan must account for
19.14the use of the appropriation and outcomes of the expenditure in measures of wetlands,
19.15prairies, forests, and fish, game, and wildlife habitat restored, protected, and enhanced.
19.16The plan must include an evaluation of results. If lands are acquired by fee with money
19.17from the outdoor heritage fund, the accomplishment plan must include a hunting and
19.18fishing management plan for the lands acquired by fee. No money appropriated from the
19.19outdoor heritage fund may be expended unless the council has approved the pertinent
19.20accomplishment plan.
19.21 Sec. 5. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
19.22to read:
19.23 Subd. 13. Project requirements. (a) As a condition of accepting money
19.24appropriated from the outdoor heritage fund, an agency or entity receiving money from
19.25an appropriation must comply with this subdivision for any project funded in whole or
19.26in part with funds from the appropriation.
19.27(b) All conservation easements acquired with money appropriated from the outdoor
19.28heritage fund must:
19.29(1) be permanent;
19.30(2) specify the parties to the easement;
19.31(3) specify all of the provisions of an agreement that are permanent;
19.32(4) specify the habitat types and location being protected;
19.33(5) where appropriate for conservation or water protection outcomes, require the
19.34grantor to employ practices retaining water on the eased land as long as practicable;
20.1(6) specify the responsibilities of the parties for habitat enhancement and restoration
20.2and the associated costs of these activities;
20.3(7) be sent to the office of the Lessard-Sams Outdoor Heritage Council;
20.4(8) include a long-term stewardship plan and identify the sources and amount of
20.5funding for monitoring and enforcing the easement agreement; and
20.6(9) identify the parties responsible for monitoring and enforcing the easement
20.7agreement.
20.8(c) For all restorations, a recipient must prepare and retain an ecological restoration
20.9and management plan that, to the degree practicable, is consistent with current
20.10conservation science and ecological goals for the restoration site. Consideration should
20.11be given to soil, geology, topography, and other relevant factors that would provide the
20.12best chance for long-term success and durability of the restoration. The plan must include
20.13the proposed timetable for implementing the restoration, including, but not limited to,
20.14site preparation, establishment of diverse plant species, maintenance, and additional
20.15enhancement to establish the restoration; identify long-term maintenance and management
20.16needs of the restoration and how the maintenance, management, and enhancement will be
20.17financed; and use current conservation science to achieve the best restoration.
20.18(d) For new lands acquired, a recipient must prepare a restoration and management
20.19plan in compliance with paragraph (c), including identification of sufficient funding for
20.20implementation.
20.21(e) To ensure public accountability for the use of public funds, a recipient must
20.22provide to the Lessard-Sams Outdoor Heritage Council documentation of the process used
20.23to select parcels acquired in fee or as permanent conservation easements and must provide
20.24the council with documentation of all related transaction costs, including, but not limited
20.25to, appraisals, legal fees, recording fees, commissions, other similar costs, and donations.
20.26This information must be provided for all parties involved in the transaction. The recipient
20.27must also report to the Lessard-Sams Outdoor Heritage Council any difference between
20.28the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal,
20.29if a state-certified or state-reviewed appraisal was conducted. Acquisition data such as
20.30appraisals may remain private during negotiations but must ultimately be made public
20.31according to chapter 13.
20.32(f) Except as otherwise provided in the appropriation, all restoration and
20.33enhancement projects funded with money appropriated from the outdoor heritage fund
20.34must be on land permanently protected by a conservation easement or public ownership or
20.35in public waters as defined in section103G.005 , subdivision 15.
21.1(g) To the extent an appropriation is used to acquire an interest in real property,
21.2a recipient of an appropriation from the outdoor heritage fund must provide to the
21.3Lessard-Sams Outdoor Heritage Council and the commissioner of management and
21.4budget an analysis of increased operation and maintenance costs likely to be incurred by
21.5public entities as a result of the acquisition and of how the costs are to be paid.
21.6(h) A recipient of money appropriated from the outdoor heritage fund must give
21.7consideration to Conservation Corps Minnesota for possible use of the corps' services to
21.8contract for restoration and enhancement services.
21.9(i) A recipient of money appropriated from the outdoor heritage fund must erect
21.10signage according to Laws 2009, chapter 172, article 5, section 10.
21.11 Sec. 6. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
21.12to read:
21.13 Subd. 14. Purchase of recycled and recyclable materials. A political subdivision,
21.14public or private corporation, or other entity that receives money appropriated from the
21.15outdoor heritage fund must use the money in compliance with sections16B.121 , regarding
21.16purchase of recycled, repairable, and durable materials, and16B.122 , regarding purchase
21.17and use of paper stock and printing.
21.18 Sec. 7. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
21.19to read:
21.20 Subd. 15. Land acquisition restrictions. (a) An interest in real property, including,
21.21but not limited to, an easement or fee title, that is acquired with money appropriated
21.22from the outdoor heritage fund must be used in perpetuity or for the specific term of an
21.23easement interest for the purpose for which the appropriation was made. The ownership
21.24of the interest in real property transfers to the state if: (1) the holder of the interest in
21.25real property fails to comply with the terms and conditions of the grant agreement or
21.26accomplishment plan; or (2) restrictions are placed on the land that preclude its use for the
21.27intended purpose as specified in the appropriation.
21.28(b) A recipient of funding that acquires an interest in real property subject to this
21.29subdivision may not alter the intended use of the interest in real property or convey any
21.30interest in the real property acquired with the appropriation without the prior review and
21.31approval of the Lessard-Sams Outdoor Heritage Council or its successor. The council
21.32shall notify the chairs and ranking minority members of the legislative committees and
21.33divisions with jurisdiction over the outdoor heritage fund at least 15 business days before
21.34approval under this paragraph. The council shall establish procedures to review requests
22.1from recipients to alter the use of or convey an interest in real property. These procedures
22.2shall allow for the replacement of the interest in real property with another interest in real
22.3property meeting the following criteria:
22.4(1) the interest must be at least equal in fair market value, as certified by the
22.5commissioner of natural resources, to the interest being replaced; and
22.6(2) the interest must be in a reasonably equivalent location and have a reasonably
22.7equivalent useful conservation purpose compared to the interest being replaced, taking
22.8into consideration all effects from fragmentation of the whole habitat.
22.9(c) A recipient of funding who acquires an interest in real property under paragraph
22.10(a) must separately record a notice of funding restrictions in the appropriate local
22.11government office where the conveyance of the interest in real property is filed. The
22.12notice of funding agreement must contain:
22.13(1) a legal description of the interest in real property covered by the funding
22.14agreement;
22.15(2) a reference to the underlying funding agreement;
22.16(3) a reference to this section; and
22.17(4) the following statement: "This interest in real property shall be administered in
22.18accordance with the terms, conditions, and purposes of the grant agreement controlling the
22.19acquisition of the property. The interest in real property, or any portion of the interest in
22.20real property, shall not be sold, transferred, pledged, or otherwise disposed of or further
22.21encumbered without obtaining the prior written approval of the Lessard-Sams Outdoor
22.22Heritage Council or its successor. The ownership of the interest in real property transfers to
22.23the state if: (1) the holder of the interest in real property fails to comply with the terms and
22.24conditions of the grant agreement or accomplishment plan; or (2) restrictions are placed
22.25on the land that preclude its use for the intended purpose as specified in the appropriation."
22.26 Sec. 8. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
22.27to read:
22.28 Subd. 16. Real property interest report. (a) By December 1 each year, a recipient
22.29of money appropriated from the outdoor heritage fund that is used for the acquisition of an
22.30interest in real property, including, but not limited to, an easement or fee title, must submit
22.31annual reports on the status of the real property to the Lessard-Sams Outdoor Heritage
22.32Council or its successor in a form determined by the council. If lands are acquired by fee
22.33with money from the outdoor heritage fund, the real property interest report must include
22.34a verification of the status of the hunting and fishing management plan for the lands
22.35acquired by fee. The responsibility for reporting under this subdivision may be transferred
23.1by the recipient of the appropriation to another person or entity that holds the interest in
23.2the real property. To complete the transfer of reporting responsibility, the recipient of
23.3the appropriation must:
23.4(1) inform the person to whom the responsibility is transferred of that person's
23.5reporting responsibility;
23.6(2) inform the person to whom the responsibility is transferred of the property
23.7restrictions under subdivision 15; and
23.8(3) provide written notice to the council of the transfer of reporting responsibility,
23.9including contact information for the person to whom the responsibility is transferred.
23.10(b) After the transfer, the person or entity that holds the interest in the real property
23.11is responsible for reporting requirements under this subdivision.
23.12 Sec. 9. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
23.13to read:
23.14 Subd. 17. Easement monitoring and enforcement requirements. Money
23.15appropriated from the outdoor heritage fund for easement monitoring and enforcement
23.16may be spent only on activities included in an easement monitoring and enforcement
23.17plan contained within the accomplishment plan. Money received for monitoring and
23.18enforcement, including earnings on the money received, shall be kept in a monitoring
23.19and enforcement fund held by the organization and is appropriated for monitoring and
23.20enforcing conservation easements in the state. Within 120 days after the close of the
23.21entity's fiscal year, an entity receiving appropriations for easement monitoring and
23.22enforcement must provide an annual financial report to the Lessard-Sams Outdoor
23.23Heritage Council on the easement monitoring and enforcement fund as specified in the
23.24accomplishment plan. Money appropriated from the outdoor heritage fund for monitoring
23.25and enforcement of easements and earnings on the money appropriated shall revert
23.26to the state if:
23.27(1) the easement transfers to the state under subdivision 15;
23.28(2) the holder of the easement fails to file an annual report and then fails to cure that
23.29default within 30 days of notification of the default by the state; or
23.30(3) the holder of the easement fails to comply with the terms of the monitoring and
23.31enforcement plan contained within the accomplishment plan and fails to cure that default
23.32within 90 days of notification of the default by the state.
23.33 Sec. 10. Minnesota Statutes 2010, section 97A.056, is amended by adding a
23.34subdivision to read:
24.1 Subd. 18. Successor organizations. The Lessard-Sams Outdoor Heritage Council
24.2may approve the continuation of a project with an organization that has adopted a new
24.3name. Continuation of a project with an organization that has undergone a significant
24.4change in mission, structure, or purpose requires:
24.5(1) notice to the chairs of the legislative committees and divisions with jurisdiction
24.6over the outdoor heritage fund; and
24.7(2) presentation by the council of proposed legislation either ratifying or rejecting
24.8continued involvement with the new organization.
24.9 Sec. 11. Minnesota Statutes 2010, section 97A.056, is amended by adding a
24.10subdivision to read:
24.11 Subd. 19. Fee title acquisitions; open to taking fish and game. (a) Lands acquired
24.12by fee with money appropriated from the outdoor heritage fund that are held by the
24.13state must be open to the public taking of fish and game during the open season, unless
24.14otherwise provided by state law.
24.15(b) Lands acquired by fee with money appropriated from the outdoor heritage fund
24.16that are held by the United States Fish and Wildlife Service must be open to the public
24.17taking of fish and game during the open season according to the National Wildlife Refuge
24.18System Improvement Act, United States Code, title 16, section 668dd, et seq.
24.19(c) Except as provided in paragraph (b), lands acquired by fee with money
24.20appropriated from the outdoor heritage fund that are held by a nonstate entity must be open
24.21to the public taking of fish and game during the open season, unless otherwise prescribed
24.22by the commissioner of natural resources.
24.23EFFECTIVE DATE.This section is effective retroactively to July 1, 2009.
24.24 Sec. 12. Minnesota Statutes 2010, section 97A.056, is amended by adding a
24.25subdivision to read:
24.26 Subd. 20. Pasture land. (a) For the purposes of this subdivision, "pasture" means
24.27any prairie or grassland that had been actively grazed anytime during the ten-year period
24.28prior to acquisition and that is acquired in fee for wildlife management area purposes
24.29under section 86A.05, subdivision 8.
24.30(b) A recipient of money appropriated from the outdoor heritage fund that is used
24.31to acquire, in fee, more than 20 acres of pasture, as defined in paragraph (a), or other
24.32existing or restored prairie or grassland where grazing will be used as a wildlife habitat
24.33management tool shall:
25.1(1) maintain any existing fencing on the land consistent with a grazing management
25.2program;
25.3(2) install new perimeter fencing using funds from the outdoor heritage fund
25.4appropriation, unless perimeter fencing capable of containing livestock for grazing is
25.5already present; and
25.6(3) enter into an agreement or agreements with a livestock owner or owners to
25.7provide sufficient grazing of the pasture to enhance wildlife habitat, including management
25.8of invasive species.
25.9(c) The commissioner must annually report the location, acreage, and years grazed
25.10for land subject to this subdivision.
25.11 Sec. 13. Laws 2011, First Special Session chapter 6, article 1, section 2, subdivision 9,
25.12is amended to read:
25.14(a) As a condition of accepting an
25.15appropriation made under this section, an
25.16agency or entity receiving an appropriation
25.17must comply with this subdivision for any
25.18project funded in whole or in part with funds
25.19from the appropriation.
25.20(b) All conservation easements acquired with
25.21money appropriated under this section must:
25.22(1) be permanent; (2) specify the parties to
25.23the easement; (3) specify all of the provisions
25.24of an agreement that are permanent; (4)
25.25specify the habitat types and location
25.26being protected; (5) where appropriate for
25.27conservation or water protection outcomes,
25.28require the grantor to employ practices
25.29retaining water on the eased land as long as
25.30practicable; (6) specify the responsibilities
25.31of the parties for habitat enhancement and
25.32restoration and the associated costs of these
25.33activities; (7) be sent to the office of the
25.34Lessard-Sams Outdoor Heritage Council; (8)
26.1include a long-term stewardship plan and
26.2identify the sources and amount of funding
26.3for monitoring and enforcing the easement
26.4agreement; and (9) identify the parties
26.5responsible for monitoring and enforcing the
26.6easement agreement.
26.7(c) For all restorations, a recipient must
26.8prepare and retain an ecological restoration
26.9and management plan that, to the degree
26.10practicable, is consistent with current
26.11conservation science and ecological goals
26.12for the restoration site. Consideration should
26.13be given to soil, geology, topography, and
26.14other relevant factors that would provide
26.15the best chance for long-term success and
26.16durability of the restoration projects. The
26.17plan must include the proposed timetable for
26.18implementing the restoration, including, but
26.19not limited to, site preparation, establishment
26.20of diverse plant species, maintenance, and
26.21additional enhancement to establish the
26.22restoration; identify long-term maintenance
26.23and management needs of the restoration
26.24and how the maintenance, management,
26.25and enhancement will be financed; and use
26.26current conservation science to achieve the
26.27best restoration.
26.28(d) For new lands acquired, a recipient
26.29must prepare a restoration and management
26.30plan in compliance with paragraph (c),
26.31including identification of sufficient funding
26.32for implementation.
26.33(e) To ensure public accountability for the
26.34use of public funds, a recipient must provide
26.35to the Lessard-Sams Outdoor Heritage
27.1Council documentation of the process
27.2used to select parcels acquired in fee or as
27.3permanent conservation easements and must
27.4provide the council with documentation
27.5of all related transaction costs, including,
27.6but not limited to, appraisals, legal fees,
27.7recording fees, commissions, other similar
27.8costs, and donations. This information
27.9must be provided for all parties involved
27.10in the transaction. The recipient must
27.11also report to the Lessard-Sams Outdoor
27.12Heritage Council any difference between the
27.13acquisition amount paid to the seller and the
27.14state-certified or state-reviewed appraisal, if
27.15a state-certified or state-reviewed appraisal
27.16was conducted. Acquisition data such
27.17as appraisals may remain private during
27.18negotiations but must ultimately be made
27.19public according to Minnesota Statutes,
27.20chapter 13.
27.21(f) Except as otherwise provided in this
27.22section, all restoration and enhancement
27.23projects funded with money appropriated
27.24under this section must be on land
27.25permanently protected by a conservation
27.26easement or public ownership or in public
27.27waters as defined in Minnesota Statutes,
27.28section103G.005, subdivision 15 .
27.29(g) To the extent an appropriation is used to
27.30acquire an interest in real property, a recipient
27.31of an appropriation under this section must
27.32provide to the Lessard-Sams Outdoor
27.33Heritage Council and the commissioner
27.34of management and budget an analysis of
27.35increased operations and maintenance costs
27.36likely to be incurred by public entities as
28.1a result of the acquisition and of how these
28.2costs are to be paid.
28.3(h) A recipient of money from an
28.4appropriation under this section must give
28.5consideration toand make timely written
28.6contact with Conservation Corps Minnesota
28.7for possible use of the corps' services to
28.8contract for restoration and enhancement
28.9services.A copy of the written contact
28.10must be filed with the Lessard-Sams
28.11Outdoor Heritage Council within 15 days of
28.12execution.
28.13(i) A recipient of money under this section
28.14must erect signage according to Laws 2009,
28.15chapter 172, article 5, section 10.
28.16 Sec. 14. LEGACY FUNDING REQUIREMENTS APPLY.
28.17Each direct recipient of money appropriated in this article, as well as each
28.18recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
28.19requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
28.20Special Session chapter 6, article 5.
28.23 Section 1. Minnesota Statutes 2011 Supplement, section 114D.30, subdivision 4, is
28.24amended to read:
28.25 Subd. 4. Terms; compensation; removal. The terms of members representing the
28.26state agencies and the Metropolitan Council are four years and are coterminous with the
28.27governor. The terms of other nonlegislative members of the council shall be as provided
28.28in section15.059 , subdivision 2. Members may serve until their successors are appointed
28.29and qualify. Compensation and removal of nonlegislative council members is as provided
28.30in section15.059 , subdivisions 3 and 4. Compensation of legislative members is as
28.31determined by the appointing authority. The Pollution Control Agency may reimburse
28.32legislative members for expenses. A vacancy on the council may be filled by the
28.33appointing authority provided in subdivision 1 for the remainder of the unexpired term.
29.1 Sec. 2. Laws 2009, chapter 172, article 2, section 4, as amended by Laws 2010, chapter
29.2361, article 2, section 2, and Laws 2011, First Special Session chapter 6, article 2, section
29.323, is amended to read:
29.5(a) $9,000,000 the first year and $9,000,000
29.6the second year are to develop total
29.7maximum daily load (TMDL) studies and
29.8TMDL implementation plans for waters
29.9listed on the United States Environmental
29.10Protection Agency approved impaired
29.11waters list in accordance with Minnesota
29.12Statutes, chapter 114D. The agency shall
29.13complete an average of ten percent of the
29.14TMDLs each year over the biennium. Of
29.15this amount, $348,000 the first year is to
29.16retest the comprehensive assessment of the
29.17biological conditions of the lower Minnesota
29.18River and its tributaries within the Lower
29.19Minnesota River Major Watershed, as
29.20previously assessed from 1976 to 1992 under
29.21the Minnesota River Assessment Project
29.22(MRAP). The assessment must include the
29.23same fish species sampling at the same 116
29.24locations and the same macroinvertebrate
29.25sampling at the same 41 locations as the
29.26MRAP assessment. The assessment must:
29.27(1) include an analysis of the findings; and
29.28(2) identify factors that limit aquatic life in
29.29the Minnesota River.
29.30Of this amount, $250,000 the first year is
29.31for a pilot project for the development of
29.32total maximum daily load (TMDL) studies
29.33conducted on a watershed basis within
29.34the Buffalo River watershed in order to
29.35protect, enhance, and restore water quality
30.1in lakes, rivers, and streams. The pilot
30.2project shall include all necessary field
30.3work to develop TMDL studies for all
30.4impaired subwatersheds within the Buffalo
30.5River watershed and provide information
30.6necessary to complete reports for most of the
30.7remaining watersheds, including analysis of
30.8water quality data, identification of sources
30.9of water quality degradation and stressors,
30.10load allocation development, development
30.11of reports that provide protection plans
30.12for subwatersheds that meet water quality
30.13standards, and development of reports that
30.14provide information necessary to complete
30.15TMDL studies for subwatersheds that do not
30.16meet water quality standards, but are not
30.17listed as impaired.
30.18(b) $500,000 the first year is for development
30.19of an enhanced TMDL database to manage
30.20and track progress. Of this amount, $63,000
30.21the first year is to promulgate rules. By
30.22November 1, 2010, the commissioner shall
30.23submit a report to the chairs of the house of
30.24representatives and senate committees with
30.25jurisdiction over environment and natural
30.26resources finance on the outcomes achieved
30.27with this appropriation.
30.28(c) $1,500,000 the first year and $3,169,000
30.29the second year are for grants under
30.30Minnesota Statutes, section116.195 , to
30.31political subdivisions for up to 50 percent of
30.32the costs to predesign, design, and implement
30.33capital projects that use storm water or
30.34treated municipal wastewater instead of
30.35groundwater from drinking water aquifers,
30.36in order to demonstrate the beneficial use
31.1of wastewater or storm water, including
31.2the conservation and protection of water
31.3resources. Of this amount, $1,000,000 the
31.4first year is for grants to ethanol plants that
31.5are within one and one-half miles of a city for
31.6improvements that use storm water or reuse
31.7greater than 300,000 gallons of wastewater
31.8per day. This appropriation is available until
31.9June 30, 2016.
31.10(d) $1,125,000 the first year and $1,125,000
31.11the second year are for groundwater
31.12assessment and drinking water protection to
31.13include:
31.14(1) the installation and sampling of at least
31.1530 new monitoring wells;
31.16(2) the analysis of samples from at least 40
31.17shallow monitoring wells each year for the
31.18presence of endocrine disrupting compounds;
31.19and
31.20(3) the completion of at least four to
31.21five groundwater models for TMDL and
31.22watershed plans.
31.23(e) $2,500,000 the first year is for the clean
31.24water partnership program. Priority shall be
31.25given to projects preventing impairments and
31.26degradation of lakes, rivers, streams, and
31.27groundwater in accordance with Minnesota
31.28Statutes, section114D.20, subdivision 2 ,
31.29clause (4). Any balance remaining in the first
31.30year does not cancel and is available for the
31.31second year.
31.32(f) $896,000 the first year is to establish
31.33a network of water monitoring sites, to
31.34include at least 20 additional sites, in public
31.35waters adjacent to wastewater treatment
32.1facilities across the state to assess levels of
32.2endocrine-disrupting compounds, antibiotic
32.3compounds, and pharmaceuticals as required
32.4in this article. The data must be placed on
32.5the agency's Web site.
32.6(g) $155,000 the first year is to provide
32.7notification of the potential for coal tar
32.8contamination, establish a storm water
32.9pond inventory schedule, and develop best
32.10management practices for treating and
32.11cleaning up contaminated sediments as
32.12required in this article. $490,000 the second
32.13year is to provide grants to local units of
32.14government for up to 50 percent of the costs
32.15to implement best management practices to
32.16treat or clean up contaminated sediments
32.17in storm water ponds and other waters as
32.18defined under this article. Local governments
32.19must have adopted an ordinance for the
32.20restricted use of undiluted coal tar sealants
32.21in order to be eligible for a grant, unless a
32.22statewide restriction has been implemented.
32.23A grant awarded under this paragraph must
32.24not exceed $100,000. Up to $145,000 of the
32.25appropriation in the second year may be used
32.26to complete work required under section 28,
32.27paragraph (c).
32.28(h) $350,000 the first year and $600,000 the
32.29second year are for a restoration project in
32.30the lower St. Louis River and Duluth harbor
32.31in order to improve water quality. This
32.32appropriation must be matched by nonstate
32.33money at a rate of at least $2 for every $1 of
32.34state money.
33.1(i) $150,000 the first year and $196,000 the
33.2second year are for grants to the Red River
33.3Watershed Management Board to enhance
33.4and expand existing river watch activities in
33.5the Red River of the North. The Red River
33.6Watershed Management Board shall provide
33.7a report that includes formal evaluation
33.8results from the river watch program to the
33.9commissioners of education and the Pollution
33.10Control Agency and to the legislative natural
33.11resources finance and policy committees
33.12and K-12 finance and policy committees by
33.13February 15, 2011.
33.14(j) $200,000 the first year and $300,000 the
33.15second year are for coordination with the
33.16state of Wisconsin and the National Park
33.17Service on comprehensive water monitoring
33.18and phosphorus reduction activities in the
33.19Lake St. Croix portion of the St. Croix
33.20River. The Pollution Control Agency
33.21shall work with the St. Croix Basin Water
33.22Resources Planning Team and the St. Croix
33.23River Association in implementing the
33.24water monitoring and phosphorus reduction
33.25activities. This appropriation is available
33.26to the extent matched by nonstate sources.
33.27Money not matched by November 15, 2010,
33.28cancels for this purpose and is available for
33.29the purposes of paragraph (a).
33.30(k) $7,500,000 the first year and $7,500,000
33.31the second year are for completion of 20
33.32percent of the needed statewide assessments
33.33of surface water quality and trends. Of this
33.34amount, $175,000 the first year and $200,000
33.35the second year are for monitoring and
34.1analyzing endocrine disruptors in surface
34.2waters.
34.3(l) $100,000 the first year and $150,000
34.4the second year are for civic engagement
34.5in TMDL development. The agency shall
34.6develop a plan for expenditures under
34.7this paragraph. The agency shall give
34.8consideration to civic engagement proposals
34.9from basin or sub-basin organizations,
34.10including the Mississippi Headwaters Board,
34.11the Minnesota River Joint Powers Board,
34.12Area II Minnesota River Basin Projects,
34.13and the Red River Basin Commission.
34.14By November 15, 2009, the plan shall be
34.15submitted to the house and senate chairs
34.16and ranking minority members of the
34.17environmental finance divisions.
34.18(m) $5,000,000 the second year is for
34.19groundwater protection or prevention of
34.20groundwater degradation activities. By
34.21January 15, 2010, the commissioner, in
34.22consultation with the commissioner of
34.23natural resources, the Board of Water and
34.24Soil Resources, and other agencies, shall
34.25submit a report to the chairs of the house of
34.26representatives and senate committees with
34.27jurisdiction over the clean water fund on the
34.28intended use of these funds. The legislature
34.29must approve expenditure of these funds by
34.30law.
34.31Notwithstanding Minnesota Statutes, section
34.3216A.28
, the appropriations encumbered on or
34.33before June 30, 2011, as grants or contracts in
34.34this section are available until June 30, 2013.
35.1 Sec. 3. Laws 2011, First Special Session chapter 6, article 2, section 7, is amended to
35.2read:
35.5(a) $13,750,000 the first year and
35.6$13,750,000 $15,350,000 the second year are
35.7for pollution reduction and restoration grants
35.8to local government units and joint powers
35.9organizations of local government units to
35.10protect surface water and drinking water; to
35.11keep water on the land; to protect, enhance,
35.12and restore water quality in lakes, rivers,
35.13and streams; and to protect groundwater
35.14and drinking water, including feedlot water
35.15quality and subsurface sewage treatment
35.16system (SSTS) projects and stream bank,
35.17stream channel, and shoreline restoration
35.18projects. The projects must be of long-lasting
35.19public benefit, include a match, and be
35.20consistent with TMDL implementation plans
35.21or local water management plans.
35.22(b) $3,000,000 the first year and$3,000,000
35.23$3,600,000 the second year are for targeted
35.24local resource protection and enhancement
35.25grants. The board shall give priority
35.26consideration to projects and practices
35.27that complement, supplement, or exceed
35.28current state standards for protection,
35.29enhancement, and restoration of water
35.30quality in lakes, rivers, and streams or that
35.31protect groundwater from degradation. Of
35.32this amount, at least $1,500,000 each year is
35.33for county SSTS implementation.
35.34(c) $900,000 the first year and$900,000
35.35$1,200,000 the second year are to
35.36provide state oversight and accountability,
36.1evaluate results, and develop an electronic
36.2system to measure and track the value of
36.3conservation program implementation by
36.4local governments, including submission
36.5to the legislature by March 1 each year
36.6an annual report prepared by the board,
36.7in consultation with the commissioners of
36.8natural resources, health, agriculture, and
36.9the Pollution Control Agency, detailing the
36.10recipients and projects funded under this
36.11section. The board shall require grantees to
36.12specify the outcomes that will be achieved
36.13by the grants prior to any grant awards.
36.14(d) $1,000,000 the first year and$1,000,000
36.15$1,700,000 the second year are for technical
36.16assistance and grants for the conservation
36.17drainage program in consultation with
36.18the Drainage Work Group, created under
36.19Minnesota Statutes, section103B.101,
36.20subdivision 13 , that consists of projects to
36.21to facilitate the installation of conservation
36.22practices on drainage systems that will result
36.23in water quality improvements and evaluate
36.24the outcomes of these installations.retrofit
36.25existing drainage systems with water quality
36.26improvement practices, evaluate outcomes,
36.27and provide outreach to landowners, public
36.28drainage authorities, drainage engineers
36.29and contractors, and others. The board
36.30shall coordinate practice standards with the
36.31Natural Resources Conservation Service of
36.32the United States Department of Agriculture
36.33and seek to leverage federal funds as
36.34part of conservation drainage program
36.35implementation.
37.1(e) $6,000,000 the first year and $6,000,000
37.2the second year are to purchase and restore
37.3permanent conservation easements on
37.4riparian buffers adjacent to public waters,
37.5excluding wetlands, to keep water on the
37.6land in order to decrease sediment, pollutant,
37.7and nutrient transport; reduce hydrologic
37.8impacts to surface waters; and increase
37.9infiltration for groundwater recharge. The
37.10riparian buffers must be at least 50 feet
37.11unless there is a natural impediment, a road,
37.12or other impediment beyond the control
37.13of the landowner. This appropriation may
37.14be used for restoration of riparian buffers
37.15protected by easements purchased with
37.16this appropriation and for stream bank
37.17restorations when the riparian buffers have
37.18been restored.
37.19(f) $1,300,000 the first year and$1,300,000
37.20$2,300,000 the second year are for
37.21permanent conservation easements on
37.22wellhead protection areas under Minnesota
37.23Statutes, section103F.515, subdivision 2 ,
37.24paragraph (d). Priority must be placed on
37.25land that is located where the vulnerability
37.26of the drinking water supply is designated
37.27as high or very high by the commissioner
37.28of health. The board shall coordinate
37.29with the United States Geological Survey,
37.30the commissioners of health and natural
37.31resources, and local communities contained
37.32in the Decorah and St. Lawrence Edge areas
37.33of Winona, Goodhue, Olmsted, and Wabasha
37.34Counties to obtain easements in identified
37.35areas as having the most vulnerability to
37.36groundwater contamination.
38.1(g) $1,500,000 the first year and $1,500,000
38.2the second year are for community partners
38.3grants to local units of government for:
38.4(1) structural or vegetative management
38.5practices that reduce storm water runoff
38.6from developed or disturbed lands to reduce
38.7the movement of sediment, nutrients, and
38.8pollutants for restoration, protection, or
38.9enhancement of water quality in lakes, rivers,
38.10and streams and to protect groundwater
38.11and drinking water; and (2) installation
38.12of proven and effective water retention
38.13practices including, but not limited to, rain
38.14gardens and other vegetated infiltration
38.15basins and sediment control basins in order
38.16to keep water on the land. The projects
38.17must be of long-lasting public benefit,
38.18include a local match, and be consistent with
38.19TMDL implementation plans or local water
38.20management plans. Local government unit
38.21staff and administration costs may be used
38.22as a match.
38.23(h) $84,000 the first year and $84,000 the
38.24second year are for a technical evaluation
38.25panel to conduct up to ten restoration
38.26evaluations under Minnesota Statutes,
38.27section114D.50, subdivision 6 .
38.28(i) The board shall contract for services
38.29with Conservation Corps Minnesota for
38.30restoration, maintenance, and other activities
38.31under this section for $500,000 the first year
38.32and $500,000 the second year.
38.33(j) The board may shift grant or cost-share
38.34funds in this section and may adjust the
38.35technical and administrative assistance
39.1portion of the funds to leverage federal or
39.2other nonstate funds or to address oversight
39.3responsibilities or high-priority needs
39.4identified in local water management plans.
39.5(k) The appropriations in this section are
39.6available until June 30, 2016.
39.7 Sec. 4. AQUATIC INVASIVE SPECIES; APPROPRIATION.
39.8(a) $2,200,000 in fiscal year 2013 is appropriated from the clean water fund to
39.9the Board of Regents of the University of Minnesota for research, in consultation with
39.10other institutions of higher learning in Minnesota, on aquatic invasive species that
39.11threaten or have the potential to threaten the water quality of the state's lakes, rivers, and
39.12streams. With the approval of the Board of Regents of the University of Minnesota,
39.13the appropriation shall fund the following within the College of Food, Agricultural and
39.14Natural Resource Sciences' Department of Fisheries, Wildlife and Conservation Biology:
39.15(1) three research assistant professors with three different focus areas, to include
39.16environmental DNA, zebra mussels, and fish ecology;
39.17(2) one fish care technician;
39.18(3) five graduate students within the Department of Fisheries, Wildlife and
39.19Conservation Biology; and
39.20(4) up to $1,050,000 in equipment necessary for the research activities under this
39.21paragraph.
39.22(b) This is a onetime appropriation and is available until June 30, 2018.
39.23 Sec. 5. LEGACY FUNDING REQUIREMENTS APPLY.
39.24All appropriations in this article are onetime and are subject to the requirements
39.25and availability provisions provided under Laws 2011, First Special Session chapter 6,
39.26articles 2 and 5. Each direct recipient of money appropriated in this article, as well as each
39.27recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
39.28requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
39.29Special Session chapter 6, articles 2 and 5.
39.32 Section 1. Laws 2009, chapter 172, article 3, section 3, is amended to read:
40.2(a) $12,641,000 the first year and
40.3$15,140,000 the second year are from the
40.4parks and trails fund to be distributed as
40.5required under new Minnesota Statutes,
40.6section85.535, subdivision 3 , except that
40.7of this amount, $40,000 the first year is for
40.8a grant to Hennepin County to plant trees
40.9along the Victory Memorial Parkway. For
40.10acquisition of an interest in real property,
40.11appropriations under this section are
40.12available until June 30, 2013.
40.13(b) The Metropolitan Council shall submit
40.14a report on the expenditure and use of
40.15money appropriated under this section to
40.16the legislature as provided in Minnesota
40.17Statutes, section3.195 , by March 1 of each
40.18year. The report must detail the outcomes in
40.19terms of additional use of parks and trails
40.20resources, user satisfaction surveys, and
40.21other appropriate outcomes.
40.22(c) Grant agreements entered into by the
40.23Metropolitan Council and recipients of
40.24money appropriated under this section shall
40.25ensure that the funds are used to supplement
40.26and not substitute for traditional sources of
40.27funding.
40.28(d) The implementing agencies receiving
40.29appropriations under this section shall
40.30give consideration to contracting with the
40.31Minnesota Conservation Corps for contract
40.32restoration, maintenance, and other activities.
40.33EFFECTIVE DATE.This section is effective the day following final enactment.
41.3 Section 1. Minnesota Statutes 2010, section 16B.98, subdivision 5, is amended to read:
41.4 Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is
41.5not valid and the state is not bound by the grant unless:
41.6 (1) the grant has been executed by the head of the agency or a delegate who is
41.7party to the grant;and
41.8 (2) the accounting system shows an encumbrance for the amount of the grant in
41.9accordance with policy approved by the commissioner.; and
41.10(3) the grant agreement includes an effective date that references either section
41.1116C.05, subdivision 2, or 16B.98, subdivisions 5 and 7, as determined by the granting
41.12agency.
41.13 (b) The combined grant agreement and amendments must not exceed five years
41.14without specific, written approval by the commissioner according to established policy,
41.15procedures, and standards, or unless the commissioner determines that a longer duration is
41.16in the best interest of the state.
41.17 (c) A fully executed copy of the grant agreement with all amendments and other
41.18required records relating to the grant must be kept on file at the granting agency for a time
41.19equal to that required of grantees in subdivision 8.
41.20 (d) Grant agreements must comply with policies established by the commissioner
41.21for minimum grant agreement standards and practices.
41.22 (e) The attorney general may periodically review and evaluate a sample of state
41.23agency grants to ensure compliance with applicable laws.
41.24 Sec. 2. Minnesota Statutes 2010, section 16B.98, subdivision 7, is amended to read:
41.25 Subd. 7. Grant payments. Payments to the grantee may not be issued until the
41.26grant agreement is fully executed. Encumbrances for grants issued by June 30 may be
41.27certified for a period of one year beyond the year in which the funds were originally
41.28appropriated as provided by section 16A.28, subdivision 6.
41.29 Sec. 3. Minnesota Statutes 2010, section 116U.26, is amended to read:
41.30116U.26 FILM PRODUCTION JOBS PROGRAM.
41.31 (a) The film production jobs program is created. The program shall be operated
41.32by the Minnesota Film and TV Board with administrative oversight and control by the
41.33director of Explore Minnesota Tourism commissioner of administration. The program
42.1shall make payment to producers of feature films, national television or Internet programs,
42.2documentaries, music videos, and commercials that directly create new film jobs in
42.3Minnesota. To be eligible for a payment, a producer must submit documentation to the
42.4Minnesota Film and TV Board of expenditures for production costs incurred in Minnesota
42.5that are directly attributable to the production in Minnesota of a film product.
42.6 The Minnesota Film and TV Board shall make recommendations to thedirector of
42.7Explore Minnesota Tourism commissioner of administration about program payment, but
42.8thedirector commissioner has the authority to make the final determination on payments.
42.9Thedirector's commissioner's determination must be based on proper documentation of
42.10eligible production costs submitted for payments. No more than five percent of the funds
42.11appropriated for the program in any year may be expended for administration.
42.12 (b) For the purposes of this section:
42.13 (1) "production costs" means the cost of the following:
42.14 (i) a story and scenario to be used for a film;
42.15 (ii) salaries of talent, management, and labor, including payments to personal
42.16services corporations for the services of a performing artist;
42.17 (iii) set construction and operations, wardrobe, accessories, and related services;
42.18 (iv) photography, sound synchronization, lighting, and related services;
42.19 (v) editing and related services;
42.20 (vi) rental of facilities and equipment; or
42.21 (vii) other direct costs of producing the film in accordance with generally accepted
42.22entertainment industry practice; and
42.23 (2) "film" means a feature film, television or Internet show, documentary, music
42.24video, or television commercial, whether on film, video, or digital media. Film does not
42.25include news, current events, public programming, or a program that includes weather
42.26or market reports; a talk show; a production with respect to a questionnaire or contest; a
42.27sports event or sports activity; a gala presentation or awards show; a finished production
42.28that solicits funds; or a production for which the production company is required under
42.29United States Code, title 18, section 2257, to maintain records with respect to a performer
42.30portrayed in a single-media or multimedia program.
42.31 (c) Notwithstanding any other law to the contrary, the Minnesota Film and TV Board
42.32may make reimbursements of: (1) up to 20 percent of film production costs for films that
42.33locate production outside the metropolitan area, as defined in section473.121 , subdivision
42.342, or that incur production costs in excess of $5,000,000 in the metropolitan area within
42.35a 12-month period; or (2) up to 15 percent of film production costs for films that incur
42.36production costs of $5,000,000 or less in the metropolitan area within a 12-month period.
43.1 Sec. 4. Laws 2011, First Special Session chapter 6, article 4, section 2, subdivision 5,
43.2is amended to read:
43.5These amounts are appropriated to the
43.6governing board of the Minnesota Historical
43.7Society to preserve and enhance access to
43.8Minnesota's history and its cultural and
43.9historical resources. Grant agreements
43.10entered into by the Minnesota Historical
43.11Society and other recipients of appropriations
43.12in this subdivision shall ensure that
43.13these funds are used to supplement and
43.14not substitute for traditional sources of
43.15funding. Funds directly appropriated to the
43.16Minnesota Historical Society shall be used to
43.17supplement, and not substitute for, traditional
43.18sources of funding. Notwithstanding
43.19Minnesota Statutes, section16A.28 , for
43.20historic preservation projects that improve
43.21historic structures, the amounts are available
43.22until June 30, 2015.
43.23Statewide Historic and Cultural Grants.
43.24$5,250,000 the first year and$5,250,000
43.25$5,450,000 the second year are for history
43.26programs and projects operated or conducted
43.27by or through local, county, regional, or
43.28other historical or cultural organizations; or
43.29for activities to preserve significant historic
43.30and cultural resources. Funds are to be
43.31distributed through a competitive grants
43.32process. The Minnesota Historical Society
43.33shall administer these funds using established
43.34grants mechanisms, with assistance from
43.35the advisory committee created under Laws
44.12009, chapter 172, article 4, section 2,
44.2subdivision 4, paragraph (b), item (ii).
44.3Programs. $4,800,000 the first year and
44.4$4,800,000 $5,200,000 the second year are
44.5for programs and purposes related to the
44.6historical and cultural heritage of the state
44.7of Minnesota, conducted by the Minnesota
44.8Historical Society.
44.9History Partnerships. $1,500,000 the first
44.10year and$1,500,000 $1,700,000 the second
44.11year are for partnerships involving multiple
44.12organizations, which may include the
44.13Minnesota Historical Society, to preserve and
44.14enhance access to Minnesota's history and
44.15cultural heritage in all regions of the state.
44.16Statewide Survey of Historical and
44.17Archaeological Sites. $250,000 the first
44.18year and $250,000 the second year are
44.19for a contract or contracts to be let on a
44.20competitive basis to conduct statewide
44.21surveys of Minnesota's sites of historical,
44.22archaeological, and cultural significance.
44.23Results of this survey must be published in
44.24a searchable form, available to the public on
44.25a cost-free basis. The Minnesota Historical
44.26Society, the Office of the State Archaeologist,
44.27and the Indian Affairs Council shall each
44.28appoint a representative to an oversight
44.29board to select contractors and direct the
44.30conduct of these surveys. The oversight
44.31board shall consult with the Departments of
44.32Transportation and Natural Resources.
44.33Digital Library. $250,000 the first year and
44.34$250,000 the second year are for a digital
44.35library project to preserve, digitize, and share
45.1Minnesota images, documents, and historical
45.2materials. The Minnesota Historical Society
45.3shall cooperate with the Minitex interlibrary
45.4loan system and shall jointly share this
45.5appropriation for these purposes.
45.6Commemoration Activities. $100,000
45.7the second year is for activities that
45.8commemorate the sesquicentennial of
45.9the American Civil War and the Dakota
45.10Conflict, as recommended by the Civil War
45.11Commemoration Task Force established in
45.12Executive Order 11-15 (2011).
45.13 Sec. 5. COMMEMORATION PROGRAMMING; APPROPRIATION.
45.14$80,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund
45.15to the commissioner of administration for grants to public broadcasting organizations to
45.16develop programming that commemorates the sesquicentennial
.
45.17 Sec. 6. FILM PRODUCTION INCENTIVE PROGRAM; APPROPRIATION.
45.18$600,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund
45.19to the commissioner of administration for a grant to the Minnesota Film and TV Board
45.20for a new competitive film production incentive program. The Minnesota Film and TV
45.21Board in consultation with Independent Feature Project/Minnesota shall reimburse film
45.22producers for eligible production costs incurred to produce a film or documentary in
45.23Minnesota. Eligible production costs are expenditures incurred in Minnesota that are
45.24directly attributable to the production of a film or documentary in Minnesota. Eligible
45.25production costs include talent, management, labor, set construction and operation,
45.26wardrobe, sound synchronization, lighting, editing, rental facilities and equipment, and
45.27other direct costs of producing a film or documentary in accordance with generally
45.28accepted entertainment industry practices. A producer must agree, to the greatest extent
45.29possible, to procure all eligible production inputs in Minnesota. A producer must submit
45.30proper documentation of eligible production costs incurred.
45.31 Sec. 7. HISTORICAL RULEMAKING WEB SITE; APPROPRIATION.
45.32$35,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund to
45.33the revisor of statutes to design and implement a Web site to provide the public searchable
46.1access to historical documents relating to state agency rulemaking. It is anticipated that
46.2the revisor of statutes will match this appropriation from carryforward funds and that the
46.3revisor will use the carryforward funds to design and implement a Web site that will
46.4provide the public searchable access to future state agency rulemaking documents.
46.5 Sec. 8. LEGACY FUNDING REQUIREMENTS APPLY.
46.6All appropriations in this article are onetime and are subject to the requirements
46.7and availability provisions provided under Laws 2011, First Special Session chapter 6,
46.8articles 4 and 5. Each direct recipient of money appropriated in this article, as well as each
46.9recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
46.10requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
46.11Special Session chapter 6, articles 4 and 5.
1.3fund, clean water fund, and arts and cultural heritage fund; modifying
1.4requirements for outdoor heritage fund appropriations; providing for public
1.5grazing program; changing provisions of grant management; changing control
1.6and oversight of the film production jobs program to the commissioner of
1.7administration; modifying prior appropriations;amending Minnesota Statutes
1.82010, sections 16B.98, subdivisions 5, 7; 97A.056, by adding subdivisions;
1.9116U.26; Minnesota Statutes 2011 Supplement, section 114D.30, subdivision 4;
1.10Laws 2009, chapter 172, article 2, section 4, as amended; article 3, section 3;
1.11Laws 2011, First Special Session chapter 6, article 1, section 2, subdivision 9;
1.12article 2, section 7; article 4, section 2, subdivision 5; proposing coding for new
1.13law in Minnesota Statutes, chapter 84.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.17 |
Section 1. OUTDOOR HERITAGE APPROPRIATION. |
||||||
1.19agencies and for the purposes specified in this article. The appropriations are from the
1.20outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
1.21figures "2012" and "2013" used in this article mean that the appropriations listed under the
1.22figure are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively.
1.23"The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium"
1.24is fiscal years 2012 and 2013. The appropriations in this article are onetime.
| 1.25 |
APPROPRIATIONS |
||||||
| 1.26 |
Available for the Year |
||||||
| 1.27 |
Ending June 30 |
||||||
| 1.28 |
2012 |
2013 |
|||||
| 2.1 |
Sec. 2. OUTDOOR HERITAGE |
||||||
| 2.2 |
Subdivision 1.Total Appropriation |
$ |
-0- |
$ |
97,420,000 |
||
2.4heritage fund. The amounts that may be
2.5spent for each purpose are specified in the
2.6following subdivisions.
| 2.7 |
Subd. 2.Prairies |
-0- |
24,640,000 |
||||
| 2.8 2.9 |
(a) Minnesota Buffers for Wildlife and Water - Phase II |
||||||
2.11Board of Water and Soil Resources in
2.12cooperation with Pheasants Forever to
2.13acquire permanent conservation easements
2.14to enhance habitat by expanding clean water
2.15fund riparian wildlife buffers on private land.
2.16A list of proposed permanent conservation
2.17easements must be provided as part of the
2.18final report. The accomplishment plan must
2.19include an easement stewardship plan. Up
2.20to $90,000 is for establishing a monitoring
2.21and enforcement fund as approved in
2.22the accomplishment plan and subject to
2.23Minnesota Statutes, section
2.24subdivision 17. An annual financial report is
2.25required for any monitoring and enforcement
2.26fund established, including expenditures
2.27from the fund and a description of annual
2.28monitoring and enforcement activities.
| 2.29 2.30 |
(b) Minnesota Prairie Recovery Project - Phase III |
||||||
2.32commissioner of natural resources for an
2.33agreement with The Nature Conservancy to
2.34acquire native prairie and savanna and restore
2.35and enhance grasslands and savanna. A list of
3.1proposed land acquisitions must be provided
3.2as part of the required accomplishment plan.
3.3Annual income statements and balance sheets
3.4for income and expenses from land acquired
3.5with this appropriation must be submitted to
3.6the Lessard-Sams Outdoor Heritage Council
3.7no later than 180 days following the close of
3.8The Nature Conservancy's fiscal year.
| 3.9 3.10 |
(c) Cannon River Headwaters Habitat Complex - Phase II |
||||||
3.12commissioner of natural resources for an
3.13agreement with The Trust for Public Land
3.14to acquire and restore lands in the Cannon
3.15River watershed for wildlife management
3.16area purposes under Minnesota Statutes,
3.17section
3.18management area purposes under Minnesota
3.19Statutes, sections
3.2014, and
3.21acquisitions must be provided as part of the
3.22required accomplishment plan.
| 3.23 |
(d) Wildlife Management Area Acquisition |
||||||
3.25commissioner of natural resources to acquire
3.26land in fee for wildlife management area
3.27purposes under Minnesota Statutes, section
3.28
3.29land acquisitions must be provided as part of
3.30the required accomplishment plan.
| 3.31 3.32 |
(e) Northern Tallgrass Prairie National Wildlife Refuge Land Acquisition - Phase IV |
||||||
3.34commissioner of natural resources for an
3.35agreement with The Nature Conservancy
4.1in cooperation with the United States Fish
4.2and Wildlife Service to acquire land in
4.3fee or permanent conservation easements
4.4within the Northern Tallgrass Prairie Habitat
4.5Preservation Area in western Minnesota for
4.6addition to the Northern Tallgrass Prairie
4.7National Wildlife Refuge. A list of proposed
4.8land acquisitions must be provided as part
4.9of the required accomplishment plan. The
4.10accomplishment plan must include an
4.11easement monitoring and enforcement plan.
| 4.12 4.13 |
(f) Accelerating the Wildlife Management Area Program - Phase IV |
||||||
4.15commissioner of natural resources for an
4.16agreement with Pheasants Forever to acquire
4.17land in fee for wildlife management area
4.18purposes under Minnesota Statutes, section
4.19
4.20land acquisitions must be provided as part of
4.21the required accomplishment plan.
| 4.22 |
(g) Green Corridor Legacy Program - Phase IV |
||||||
4.24commissioner of natural resources for
4.25an agreement with the Redwood Area
4.26Development Corporation to acquire land in
4.27fee for wildlife management area purposes
4.28under Minnesota Statutes, section
4.29subdivision 8, and for aquatic management
4.30areas under Minnesota Statutes, sections
4.31
4.32proposed land acquisitions must be provided
4.33as part of the required accomplishment plan.
| 4.34 4.35 |
(h) Accelerated Prairie Restoration and Enhancement on DNR Lands - Phase IV |
||||||
5.2commissioner of natural resources to
5.3accelerate the restoration and enhancement
5.4of wildlife management areas, scientific
5.5and natural areas, and land under native
5.6prairie bank easements. A list of proposed
5.7restorations and enhancements must
5.8be provided as part of the required
5.9accomplishment plan.
| 5.10 5.11 |
(i) Anoka Sand Plain Habitat Restoration and Enhancement - Phase II |
||||||
5.13commissioner of natural resources for
5.14agreements to restore and enhance habitat on
5.15public lands in the Anoka Sand Plain and
5.16along the Rum River as follows: $558,750 to
5.17Great River Greening; $99,400 to the Anoka
5.18Conservation District; and $391,850 to the
5.19National Wild Turkey Federation. A list
5.20of proposed restorations and enhancements
5.21must be provided as part of the required
5.22accomplishment plan.
| 5.23 |
(j) Enhanced Public Grasslands |
||||||
5.25commissioner of natural resources for
5.26an agreement with Pheasants Forever in
5.27cooperation with the Minnesota Prairie
5.28Chicken Society to restore and enhance
5.29habitat on public lands. The commissioner of
5.30natural resources, as part of the agreement,
5.31shall assist in the development of a plan,
5.32including identifying project locations,
5.33to ensure that projects funded under this
5.34paragraph have long-term results. The
5.35criteria for selection of projects must be
6.1included in the accomplishment plan and
6.2projects must be ranked based upon the
6.3expected increase in the number of prairie
6.4chickens and other targeted species per
6.5acre, with projects with the highest increase
6.6receiving the highest ranking. A list of
6.7proposed restorations and enhancements
6.8must be provided as part of the final report.
6.9Funds from this appropriation may not be
6.10used to acquire private land or otherwise
6.11remove property tax obligations on private
6.12land.
| 6.13 |
Subd. 3.Forests |
-0- |
10,300,000 |
||||
| 6.14 6.15 |
(a) Protecting Mississippi River Corridor Habitat ACUB Partnership - Phase II |
||||||
6.17Board of Water and Soil Resources to
6.18acquire permanent conservation easements
6.19on land adjacent to the Nokasippi River
6.20and the boundaries of the Minnesota
6.21National Guard Army compatible use buffer
6.22(ACUB). A list of proposed land acquisitions
6.23must be provided as part of the required
6.24accomplishment plan. The accomplishment
6.25plan must include an easement stewardship
6.26plan. Up to $4,800 is for establishing
6.27a monitoring and enforcement fund as
6.28approved in the accomplishment plan and
6.29subject to Minnesota Statutes, section
6.30
6.31report is required for any monitoring and
6.32enforcement fund established, including
6.33expenditures from the fund and a description
6.34of annual monitoring and enforcement
6.35activities.
| 7.1 7.2 |
(b) Mississippi Northwoods Habitat Complex Protection |
||||||
7.4commissioner of natural resources to
7.5acquire land in fee along the Mississippi
7.6River in Crow Wing County to be added
7.7to Crow Wing State Forest. Prior to the
7.8acquisition, an independent state appraisal
7.9must be conducted and the purchase price
7.10must not exceed the appraised fair market
7.11value determined by the appraisal. A land
7.12description must be provided as part of the
7.13required accomplishment plan. Development
7.14of a paved trail on land acquired under this
7.15paragraph constitutes an alteration of the
7.16intended use of the interest in real property
7.17and must be handled according to Minnesota
7.18Statutes, section
7.19The commissioner of natural resources shall
7.20consult with the Lessard-Sams Outdoor
7.21Heritage Council when planning for any
7.22paved trail on land acquired with this
7.23appropriation, including any plans for trail
7.24alignment.
| 7.25 7.26 |
(c) Northeastern Minnesota Sharp-Tailed Grouse Habitat Partnership - Phase III |
||||||
7.28commissioner of natural resources for
7.29an agreement with Pheasants Forever in
7.30cooperation with the Minnesota Sharp-Tailed
7.31Grouse Society to acquire and enhance
7.32lands for wildlife management area purposes
7.33under Minnesota Statutes, section
7.34subdivision 8. A list of proposed land
7.35acquisitions must be provided as part of the
7.36required accomplishment plan.
| 8.1 8.2 |
(d) Protect Key Forest Habitat Lands in Cass County - Phase III |
||||||
8.4commissioner of natural resources for an
8.5agreement with Cass County to acquire land
8.6in fee in Cass County for forest wildlife
8.7habitat. A list of proposed land acquisitions
8.8must be provided as part of the required
8.9accomplishment plan.
| 8.10 |
(e) Minnesota Moose Habitat Collaborative |
||||||
8.12commissioner of natural resources for an
8.13agreement with the Minnesota Deer Hunters
8.14Association to restore and enhance public
8.15forest lands in northeastern Minnesota
8.16for moose habitat purposes. A list of
8.17proposed restorations and enhancements
8.18must be provided as part of the required
8.19accomplishment plan.
| 8.20 |
Subd. 4.Wetlands |
-0- |
31,140,000 |
||||
| 8.21 8.22 |
(a) Reinvest in Minnesota Wetlands Reserve Program Partnership - Phase IV |
||||||
8.24Board of Water and Soil Resources to
8.25acquire permanent conservation easements
8.26and restore wetlands and associated upland
8.27habitat in cooperation with the United
8.28States Department of Agriculture Wetlands
8.29Reserve Program. A list of land acquisitions
8.30must be provided as part of the final report.
8.31The accomplishment plan must include
8.32an easement stewardship plan. Up to
8.33$180,000 is for establishing a monitoring
8.34and enforcement fund as approved in
8.35the accomplishment plan and subject to
9.1Minnesota Statutes, section
9.2subdivision 17. An annual financial report is
9.3required for any monitoring and enforcement
9.4fund established, including expenditures
9.5from the fund and a description of annual
9.6monitoring and enforcement activities.
| 9.7 9.8 |
(b) Accelerating the Waterfowl Production Area Program - Phase IV |
||||||
9.10commissioner of natural resources for an
9.11agreement with Pheasants Forever to acquire
9.12land in fee to be managed and designated as
9.13waterfowl production areas in Minnesota,
9.14in cooperation with the United States Fish
9.15and Wildlife Service. A list of proposed land
9.16acquisitions must be provided as part of the
9.17required accomplishment plan.
| 9.18 |
(c) Columbus Lake Conservation Area |
||||||
9.20commissioner of natural resources for an
9.21agreement with Anoka County to acquire
9.22land in fee for conservation purposes that
9.23connect wetlands and shallow lakes to
9.24the Lamprey Pass Wildlife Management
9.25Area. A list of proposed land acquisitions
9.26must be provided as part of the required
9.27accomplishment plan.
| 9.28 9.29 |
(d) Living Shallow Lakes and Wetlands Initiative - Phase II |
||||||
9.31commissioner of natural resources for an
9.32agreement with Ducks Unlimited to assess,
9.33restore, and enhance shallow lakes and
9.34wetlands, including technical assistance,
9.35survey, design, and engineering to develop
10.1new enhancement and restoration projects
10.2for future implementation. A list of
10.3proposed restorations and enhancements
10.4must be provided as part of the required
10.5accomplishment plan.
| 10.6 10.7 |
(e) Accelerated Shallow Lakes and Wetlands Enhancement - Phase IV |
||||||
10.9commissioner of natural resources to
10.10develop engineering designs and complete
10.11construction to enhance shallow lakes and
10.12wetlands. A list of proposed restorations and
10.13enhancements must be provided as part of
10.14the required accomplishment plan. Work
10.15must be completed within three years of the
10.16effective date of this article.
| 10.17 |
(f) Marsh Lake Enhancement |
||||||
10.19commissioner of natural resources to
10.20complete design and construction to modify
10.21the dam at Marsh Lake and return the historic
10.22outlet of the Pomme de Terre River to Lac
10.23Qui Parle.
| 10.24 |
Subd. 5.Habitats |
-0- |
31,120,000 |
||||
| 10.25 |
(a) DNR Aquatic Habitat - Phase IV |
||||||
10.27commissioner of natural resources to
10.28acquire interests in land in fee or permanent
10.29conservation easements for aquatic
10.30management areas under Minnesota Statutes,
10.31sections
10.32
10.33habitat. A list of proposed land acquisitions
10.34must be provided as part of the required
10.35accomplishment plan. The accomplishment
11.1plan must include an easement stewardship
11.2plan. Up to $25,000 is for establishing
11.3a monitoring and enforcement fund as
11.4approved in the accomplishment plan and
11.5subject to Minnesota Statutes, section
11.6
11.7report is required for any monitoring and
11.8enforcement fund established, including
11.9expenditures from the fund and a description
11.10of annual monitoring and enforcement
11.11activities.
| 11.12 |
(b) Metro Big Rivers Habitat - Phase III |
||||||
11.14commissioner of natural resources for
11.15agreements to acquire interests in land in
11.16fee or permanent conservation easements
11.17and to restore and enhance natural systems
11.18associated with the Mississippi, Minnesota,
11.19and St. Croix Rivers as follows: $1,000,000
11.20to the Minnesota Valley National Wildlife
11.21Refuge Trust, Inc.; $375,000 to the Friends
11.22of the Mississippi; $375,000 to Great River
11.23Greening; $930,000 to The Minnesota
11.24Land Trust; and $1,000,000 to The Trust
11.25for Public Land. A list of proposed
11.26acquisitions, restorations, and enhancements
11.27must be provided as part of the required
11.28accomplishment plan. The accomplishment
11.29plan must include an easement stewardship
11.30plan. Up to $51,000 is for establishing
11.31a monitoring and enforcement fund as
11.32approved in the accomplishment plan and
11.33subject to Minnesota Statutes, section
11.34
11.35report is required for any monitoring and
11.36enforcement fund established, including
12.1expenditures from the fund and a description
12.2of annual monitoring and enforcement
12.3activities.
| 12.4 12.5 |
(c) Dakota County Riparian and Lakeshore Protection and Management - Phase III |
||||||
12.7commissioner of natural resources for an
12.8agreement with Dakota County to acquire
12.9permanent conservation easements and
12.10restore and enhance habitats along the
12.11Mississippi, Cannon, and Vermillion Rivers.
12.12A list of proposed acquisitions, restorations,
12.13and enhancements must be provided as
12.14part of the required accomplishment plan.
12.15The accomplishment plan must include
12.16an easement stewardship plan. Up to
12.17$20,000 is for establishing a monitoring
12.18and enforcement fund as approved in
12.19the accomplishment plan and subject to
12.20Minnesota Statutes, section
12.21subdivision 17. An annual financial report is
12.22required for any monitoring and enforcement
12.23fund established, including expenditures
12.24from the fund and a description of annual
12.25monitoring and enforcement activities.
| 12.26 |
(d) Lower St. Louis River Habitat Restoration |
||||||
12.28commissioner of natural resources to restore
12.29habitat in the lower St. Louis River estuary.
12.30A list of proposed projects must be provided
12.31as part of the required accomplishment plan.
| 12.32 12.33 |
(e) Coldwater Fish Habitat Enhancement - Phase IV |
||||||
12.35commissioner of natural resources for an
13.1agreement with Minnesota Trout Unlimited
13.2to restore and enhance coldwater fish lake,
13.3river, and stream habitats in Minnesota. A list
13.4of proposed restorations and enhancements
13.5must be provided as part of the required
13.6accomplishment plan.
| 13.7 |
(f) Grand Marais Creek Outlet Restoration |
||||||
13.9commissioner of natural resources for an
13.10agreement with the Red Lake Watershed
13.11District to restore and enhance stream and
13.12related habitat in Grand Marais Creek. A list
13.13of proposed restorations and enhancements
13.14must be provided as part of the required
13.15accomplishment plan.
| 13.16 |
(g) Knife River Habitat Restoration |
||||||
13.18commissioner of natural resources for an
13.19agreement with the Lake Superior Steelhead
13.20Association to restore trout habitat in the
13.21Upper Knife River Watershed. A list of
13.22proposed restorations must be provided as
13.23part of the required accomplishment plan.
| 13.24 |
(h) Protect Aquatic Habitat from Asian Carp |
||||||
13.26commissioner of natural resources to design,
13.27construct, operate, and evaluate electric
13.28fish barriers and surrounding structures for
13.29Asian carp to protect Minnesota's aquatic
13.30habitat from Asian carp on the Mississippi
13.31River. This appropriation may not be used
13.32for the installation of sound projector arrays,
13.33bioacoustic fish fences, high intensity light
13.34barriers, or air bubble curtains. Use of this
14.1money requires a one-to-one match for
14.2projects on state boundary waters.
| 14.3 14.4 |
(i) Protect Aquatic Habitat from Aquatic Invasive Species |
||||||
14.6of Regents of the University of Minnesota
14.7for research on aquatic invasive species that
14.8threaten or have the potential to threaten
14.9the state's lakes, rivers, streams, wetlands,
14.10and other aquatic habitats for fish, game,
14.11and wildlife. This appropriation is added to
14.12the appropriation in article 2, section 4, for
14.13the purposes specified in that section and is
14.14available until June 30, 2018.
| 14.15 |
(j) Aquatic Habitat Restoration Grants |
||||||
14.17commissioner of natural resources for
14.18grants to local units of government and lake
14.19associations for aquatic habitat restoration.
| 14.20 14.21 |
(k) Outdoor Heritage Conservation Partners Grant Program - Phase IV |
||||||
14.23commissioner of natural resources for a
14.24program to provide competitive, matching
14.25grants of up to $400,000 to local, regional,
14.26state, and national organizations for
14.27enhancing, restoring, or protecting forests,
14.28wetlands, prairies, and habitat for fish, game,
14.29or wildlife in Minnesota. Grants shall not
14.30be made for activities required to fulfill
14.31the duties of owners of lands subject to
14.32conservation easements. Grants shall not be
14.33made from appropriations in this paragraph
14.34for projects that have a total project cost
14.35exceeding $575,000. $366,000 of this
15.1appropriation may be spent for personnel
15.2costs and other direct and necessary
15.3administrative costs. Grantees may acquire
15.4land or interests in land. Easements must be
15.5permanent. Land acquired in fee must be
15.6open to hunting and fishing during the open
15.7season unless otherwise provided by state
15.8law. The program shall require a match of
15.9at least ten percent from nonstate sources
15.10for all grants. The match may be cash or
15.11in-kind resources. For grant applications
15.12of $25,000 or less, the commissioner shall
15.13provide a separate, simplified application
15.14process. Subject to Minnesota Statutes, the
15.15commissioner of natural resources shall,
15.16when evaluating projects of equal value,
15.17give priority to organizations that have a
15.18history of receiving or charter to receive
15.19private contributions for local conservation
15.20or habitat projects. If acquiring land or a
15.21conservation easement, priority shall be
15.22given to projects associated with existing
15.23wildlife management areas under Minnesota
15.24Statutes, section
15.25scientific and natural areas under Minnesota
15.26Statutes, sections
15.27subdivision 5; and aquatic management areas
15.28under Minnesota Statutes, sections
15.29subdivision 14, and
15.30or enhancement projects must be on land
15.31permanently protected by a conservation
15.32easement or public ownership or in public
15.33waters as defined in Minnesota Statutes,
15.34section
15.35shall be given to restoration and enhancement
15.36projects on public lands. Minnesota Statutes,
16.1section
16.2to grants awarded under this paragraph.
16.3This appropriation is available until June
16.430, 2016. No less than five percent of the
16.5amount of each grant must be held back from
16.6reimbursement until the grant recipient has
16.7completed a grant accomplishment report by
16.8the deadline and in the form prescribed by
16.9and satisfactory to the Lessard-Sams Outdoor
16.10Heritage Council. The commissioner shall
16.11provide notice of the grant program in
16.12the game and fish law summaries that are
16.13prepared under Minnesota Statutes, section
16.14
| 16.15 |
Subd. 6.Administration |
-0- |
220,000 |
||||
| 16.16 |
(a) Contract Management |
||||||
16.18commissioner of natural resources for
16.19contract management duties assigned in this
16.20section. The commissioner shall provide a
16.21work program in the form specified by the
16.22Lessard-Sams Outdoor Heritage Council
16.23on the expenditure of this appropriation.
16.24No money may be expended prior to
16.25Lessard-Sams Outdoor Heritage Council
16.26approval of the work program.
| 16.27 |
(b) Technical Evaluation Panel |
||||||
16.29commissioner of natural resources for a
16.30technical evaluation panel to conduct up to
16.31ten restoration evaluations under Minnesota
16.32Statutes, section
| 16.33 |
Subd. 7.Availability of Appropriation |
||||||
17.2not be spent on activities unless they are
17.3directly related to and necessary for a
17.4specific appropriation and are specified in
17.5the accomplishment plan approved by the
17.6Lessard-Sams Outdoor Heritage Council.
17.7Money appropriated in this section must not
17.8be spent on indirect costs or other institutional
17.9overhead charges that are not directly related
17.10to and necessary for a specific appropriation.
17.11Unless otherwise provided, the amounts
17.12in this section are available until June 30,
17.132015, when projects must be completed and
17.14final accomplishments reported. Funds for
17.15restoration or enhancement are available
17.16until June 30, 2017, or four years after
17.17acquisition, whichever is later, in order to
17.18complete initial restoration or enhancement
17.19work. If a project receives federal funds,
17.20the time period of the appropriation is
17.21extended to equal the availability of federal
17.22funding. Funds appropriated for fee title
17.23acquisition of land may be used to restore,
17.24enhance, and provide for public use of the
17.25land acquired with the appropriation. Public
17.26use facilities must have a minimal impact
17.27on habitat in acquired lands. If the purchase
17.28price for a fee title acquisition funded with
17.29an appropriation in this article falls below
17.30the estimated purchase price contained in
17.31the approved accomplishment plan and no
17.32other acquisitions are listed in the approved
17.33accomplishment plan, the difference between
17.34the purchase price and the estimated purchase
17.35price is canceled and returned to the outdoor
17.36heritage fund.
| 18.1 18.2 |
Subd. 8.Payment Conditions and Capital Equipment Expenditures |
||||||
18.4be administered on a reimbursement basis
18.5unless otherwise provided in this section.
18.6Notwithstanding Minnesota Statutes, section
18.7
18.8appropriation's purpose made on or after July
18.91, 2012, or the date of accomplishment plan
18.10approval, whichever is later, are eligible for
18.11reimbursement unless otherwise provided in
18.12this section. Periodic reimbursement must
18.13be made upon receiving documentation that
18.14the items articulated in the accomplishment
18.15plan approved by the Lessard-Sams Outdoor
18.16Heritage Council have been achieved,
18.17including partial achievements as evidenced
18.18by progress reports approved by the
18.19Lessard-Sams Outdoor Heritage Council.
18.20Reasonable amounts may be advanced to
18.21projects to accommodate cash flow needs,
18.22support future management of acquired
18.23lands, or match a federal share. The
18.24advances must be approved as part of the
18.25accomplishment plan. Capital equipment
18.26expenditures for specific items in excess of
18.27$10,000 must be itemized in and approved as
18.28part of the accomplishment plan.
18.29 Sec. 3. [84.972] PRAIRIE AND GRASSLANDS PUBLIC GRAZING PROGRAM.
18.30The commissioner of natural resources shall establish a prairie and grasslands public
18.31grazing program. The commissioner shall enter into cooperative farming agreements
18.32or lease agreements with livestock owners to annually graze prairie and grasslands
18.33administered by the commissioner where grazing will enhance wildlife habitat, including
18.34management of invasive species. The commissioner shall establish a target of at least
18.3550,000 acres of prairie and grasslands to be enrolled in the prairie and grasslands public
19.1grazing program. The commissioner shall maintain a list of lands grazed under the
19.2program describing the location, acreage, and years grazed. The program shall have a goal
19.3of being financially self-sufficient. Unless otherwise provided by law, revenues received
19.4under this section shall be deposited in the game and fish fund and are appropriated to the
19.5commissioner for purposes of the program.
19.6 Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
19.7to read:
19.8 Subd. 12. Accomplishment plans. It is a condition of acceptance of money
19.9appropriated from the outdoor heritage fund that the agency or entity using the
19.10appropriation submits an accomplishment plan and periodic accomplishment reports
19.11to the Lessard-Sams Outdoor Heritage Council in the form determined by the council.
19.12The accomplishment plan must identify the project manager responsible for expending
19.13the appropriation and the final product. The accomplishment plan must account for
19.14the use of the appropriation and outcomes of the expenditure in measures of wetlands,
19.15prairies, forests, and fish, game, and wildlife habitat restored, protected, and enhanced.
19.16The plan must include an evaluation of results. If lands are acquired by fee with money
19.17from the outdoor heritage fund, the accomplishment plan must include a hunting and
19.18fishing management plan for the lands acquired by fee. No money appropriated from the
19.19outdoor heritage fund may be expended unless the council has approved the pertinent
19.20accomplishment plan.
19.21 Sec. 5. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
19.22to read:
19.23 Subd. 13. Project requirements. (a) As a condition of accepting money
19.24appropriated from the outdoor heritage fund, an agency or entity receiving money from
19.25an appropriation must comply with this subdivision for any project funded in whole or
19.26in part with funds from the appropriation.
19.27(b) All conservation easements acquired with money appropriated from the outdoor
19.28heritage fund must:
19.29(1) be permanent;
19.30(2) specify the parties to the easement;
19.31(3) specify all of the provisions of an agreement that are permanent;
19.32(4) specify the habitat types and location being protected;
19.33(5) where appropriate for conservation or water protection outcomes, require the
19.34grantor to employ practices retaining water on the eased land as long as practicable;
20.1(6) specify the responsibilities of the parties for habitat enhancement and restoration
20.2and the associated costs of these activities;
20.3(7) be sent to the office of the Lessard-Sams Outdoor Heritage Council;
20.4(8) include a long-term stewardship plan and identify the sources and amount of
20.5funding for monitoring and enforcing the easement agreement; and
20.6(9) identify the parties responsible for monitoring and enforcing the easement
20.7agreement.
20.8(c) For all restorations, a recipient must prepare and retain an ecological restoration
20.9and management plan that, to the degree practicable, is consistent with current
20.10conservation science and ecological goals for the restoration site. Consideration should
20.11be given to soil, geology, topography, and other relevant factors that would provide the
20.12best chance for long-term success and durability of the restoration. The plan must include
20.13the proposed timetable for implementing the restoration, including, but not limited to,
20.14site preparation, establishment of diverse plant species, maintenance, and additional
20.15enhancement to establish the restoration; identify long-term maintenance and management
20.16needs of the restoration and how the maintenance, management, and enhancement will be
20.17financed; and use current conservation science to achieve the best restoration.
20.18(d) For new lands acquired, a recipient must prepare a restoration and management
20.19plan in compliance with paragraph (c), including identification of sufficient funding for
20.20implementation.
20.21(e) To ensure public accountability for the use of public funds, a recipient must
20.22provide to the Lessard-Sams Outdoor Heritage Council documentation of the process used
20.23to select parcels acquired in fee or as permanent conservation easements and must provide
20.24the council with documentation of all related transaction costs, including, but not limited
20.25to, appraisals, legal fees, recording fees, commissions, other similar costs, and donations.
20.26This information must be provided for all parties involved in the transaction. The recipient
20.27must also report to the Lessard-Sams Outdoor Heritage Council any difference between
20.28the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal,
20.29if a state-certified or state-reviewed appraisal was conducted. Acquisition data such as
20.30appraisals may remain private during negotiations but must ultimately be made public
20.31according to chapter 13.
20.32(f) Except as otherwise provided in the appropriation, all restoration and
20.33enhancement projects funded with money appropriated from the outdoor heritage fund
20.34must be on land permanently protected by a conservation easement or public ownership or
20.35in public waters as defined in section
21.1(g) To the extent an appropriation is used to acquire an interest in real property,
21.2a recipient of an appropriation from the outdoor heritage fund must provide to the
21.3Lessard-Sams Outdoor Heritage Council and the commissioner of management and
21.4budget an analysis of increased operation and maintenance costs likely to be incurred by
21.5public entities as a result of the acquisition and of how the costs are to be paid.
21.6(h) A recipient of money appropriated from the outdoor heritage fund must give
21.7consideration to Conservation Corps Minnesota for possible use of the corps' services to
21.8contract for restoration and enhancement services.
21.9(i) A recipient of money appropriated from the outdoor heritage fund must erect
21.10signage according to Laws 2009, chapter 172, article 5, section 10.
21.11 Sec. 6. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
21.12to read:
21.13 Subd. 14. Purchase of recycled and recyclable materials. A political subdivision,
21.14public or private corporation, or other entity that receives money appropriated from the
21.15outdoor heritage fund must use the money in compliance with sections
21.16purchase of recycled, repairable, and durable materials, and
21.17and use of paper stock and printing.
21.18 Sec. 7. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
21.19to read:
21.20 Subd. 15. Land acquisition restrictions. (a) An interest in real property, including,
21.21but not limited to, an easement or fee title, that is acquired with money appropriated
21.22from the outdoor heritage fund must be used in perpetuity or for the specific term of an
21.23easement interest for the purpose for which the appropriation was made. The ownership
21.24of the interest in real property transfers to the state if: (1) the holder of the interest in
21.25real property fails to comply with the terms and conditions of the grant agreement or
21.26accomplishment plan; or (2) restrictions are placed on the land that preclude its use for the
21.27intended purpose as specified in the appropriation.
21.28(b) A recipient of funding that acquires an interest in real property subject to this
21.29subdivision may not alter the intended use of the interest in real property or convey any
21.30interest in the real property acquired with the appropriation without the prior review and
21.31approval of the Lessard-Sams Outdoor Heritage Council or its successor. The council
21.32shall notify the chairs and ranking minority members of the legislative committees and
21.33divisions with jurisdiction over the outdoor heritage fund at least 15 business days before
21.34approval under this paragraph. The council shall establish procedures to review requests
22.1from recipients to alter the use of or convey an interest in real property. These procedures
22.2shall allow for the replacement of the interest in real property with another interest in real
22.3property meeting the following criteria:
22.4(1) the interest must be at least equal in fair market value, as certified by the
22.5commissioner of natural resources, to the interest being replaced; and
22.6(2) the interest must be in a reasonably equivalent location and have a reasonably
22.7equivalent useful conservation purpose compared to the interest being replaced, taking
22.8into consideration all effects from fragmentation of the whole habitat.
22.9(c) A recipient of funding who acquires an interest in real property under paragraph
22.10(a) must separately record a notice of funding restrictions in the appropriate local
22.11government office where the conveyance of the interest in real property is filed. The
22.12notice of funding agreement must contain:
22.13(1) a legal description of the interest in real property covered by the funding
22.14agreement;
22.15(2) a reference to the underlying funding agreement;
22.16(3) a reference to this section; and
22.17(4) the following statement: "This interest in real property shall be administered in
22.18accordance with the terms, conditions, and purposes of the grant agreement controlling the
22.19acquisition of the property. The interest in real property, or any portion of the interest in
22.20real property, shall not be sold, transferred, pledged, or otherwise disposed of or further
22.21encumbered without obtaining the prior written approval of the Lessard-Sams Outdoor
22.22Heritage Council or its successor. The ownership of the interest in real property transfers to
22.23the state if: (1) the holder of the interest in real property fails to comply with the terms and
22.24conditions of the grant agreement or accomplishment plan; or (2) restrictions are placed
22.25on the land that preclude its use for the intended purpose as specified in the appropriation."
22.26 Sec. 8. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
22.27to read:
22.28 Subd. 16. Real property interest report. (a) By December 1 each year, a recipient
22.29of money appropriated from the outdoor heritage fund that is used for the acquisition of an
22.30interest in real property, including, but not limited to, an easement or fee title, must submit
22.31annual reports on the status of the real property to the Lessard-Sams Outdoor Heritage
22.32Council or its successor in a form determined by the council. If lands are acquired by fee
22.33with money from the outdoor heritage fund, the real property interest report must include
22.34a verification of the status of the hunting and fishing management plan for the lands
22.35acquired by fee. The responsibility for reporting under this subdivision may be transferred
23.1by the recipient of the appropriation to another person or entity that holds the interest in
23.2the real property. To complete the transfer of reporting responsibility, the recipient of
23.3the appropriation must:
23.4(1) inform the person to whom the responsibility is transferred of that person's
23.5reporting responsibility;
23.6(2) inform the person to whom the responsibility is transferred of the property
23.7restrictions under subdivision 15; and
23.8(3) provide written notice to the council of the transfer of reporting responsibility,
23.9including contact information for the person to whom the responsibility is transferred.
23.10(b) After the transfer, the person or entity that holds the interest in the real property
23.11is responsible for reporting requirements under this subdivision.
23.12 Sec. 9. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
23.13to read:
23.14 Subd. 17. Easement monitoring and enforcement requirements. Money
23.15appropriated from the outdoor heritage fund for easement monitoring and enforcement
23.16may be spent only on activities included in an easement monitoring and enforcement
23.17plan contained within the accomplishment plan. Money received for monitoring and
23.18enforcement, including earnings on the money received, shall be kept in a monitoring
23.19and enforcement fund held by the organization and is appropriated for monitoring and
23.20enforcing conservation easements in the state. Within 120 days after the close of the
23.21entity's fiscal year, an entity receiving appropriations for easement monitoring and
23.22enforcement must provide an annual financial report to the Lessard-Sams Outdoor
23.23Heritage Council on the easement monitoring and enforcement fund as specified in the
23.24accomplishment plan. Money appropriated from the outdoor heritage fund for monitoring
23.25and enforcement of easements and earnings on the money appropriated shall revert
23.26to the state if:
23.27(1) the easement transfers to the state under subdivision 15;
23.28(2) the holder of the easement fails to file an annual report and then fails to cure that
23.29default within 30 days of notification of the default by the state; or
23.30(3) the holder of the easement fails to comply with the terms of the monitoring and
23.31enforcement plan contained within the accomplishment plan and fails to cure that default
23.32within 90 days of notification of the default by the state.
23.33 Sec. 10. Minnesota Statutes 2010, section 97A.056, is amended by adding a
23.34subdivision to read:
24.1 Subd. 18. Successor organizations. The Lessard-Sams Outdoor Heritage Council
24.2may approve the continuation of a project with an organization that has adopted a new
24.3name. Continuation of a project with an organization that has undergone a significant
24.4change in mission, structure, or purpose requires:
24.5(1) notice to the chairs of the legislative committees and divisions with jurisdiction
24.6over the outdoor heritage fund; and
24.7(2) presentation by the council of proposed legislation either ratifying or rejecting
24.8continued involvement with the new organization.
24.9 Sec. 11. Minnesota Statutes 2010, section 97A.056, is amended by adding a
24.10subdivision to read:
24.11 Subd. 19. Fee title acquisitions; open to taking fish and game. (a) Lands acquired
24.12by fee with money appropriated from the outdoor heritage fund that are held by the
24.13state must be open to the public taking of fish and game during the open season, unless
24.14otherwise provided by state law.
24.15(b) Lands acquired by fee with money appropriated from the outdoor heritage fund
24.16that are held by the United States Fish and Wildlife Service must be open to the public
24.17taking of fish and game during the open season according to the National Wildlife Refuge
24.18System Improvement Act, United States Code, title 16, section 668dd, et seq.
24.19(c) Except as provided in paragraph (b), lands acquired by fee with money
24.20appropriated from the outdoor heritage fund that are held by a nonstate entity must be open
24.21to the public taking of fish and game during the open season, unless otherwise prescribed
24.22by the commissioner of natural resources.
24.23EFFECTIVE DATE.This section is effective retroactively to July 1, 2009.
24.24 Sec. 12. Minnesota Statutes 2010, section 97A.056, is amended by adding a
24.25subdivision to read:
24.26 Subd. 20. Pasture land. (a) For the purposes of this subdivision, "pasture" means
24.27any prairie or grassland that had been actively grazed anytime during the ten-year period
24.28prior to acquisition and that is acquired in fee for wildlife management area purposes
24.29under section 86A.05, subdivision 8.
24.30(b) A recipient of money appropriated from the outdoor heritage fund that is used
24.31to acquire, in fee, more than 20 acres of pasture, as defined in paragraph (a), or other
24.32existing or restored prairie or grassland where grazing will be used as a wildlife habitat
24.33management tool shall:
25.1(1) maintain any existing fencing on the land consistent with a grazing management
25.2program;
25.3(2) install new perimeter fencing using funds from the outdoor heritage fund
25.4appropriation, unless perimeter fencing capable of containing livestock for grazing is
25.5already present; and
25.6(3) enter into an agreement or agreements with a livestock owner or owners to
25.7provide sufficient grazing of the pasture to enhance wildlife habitat, including management
25.8of invasive species.
25.9(c) The commissioner must annually report the location, acreage, and years grazed
25.10for land subject to this subdivision.
25.11 Sec. 13. Laws 2011, First Special Session chapter 6, article 1, section 2, subdivision 9,
25.12is amended to read:
| 25.13 |
Subd. 9.Project Requirements |
||||||
25.15appropriation made under this section, an
25.16agency or entity receiving an appropriation
25.17must comply with this subdivision for any
25.18project funded in whole or in part with funds
25.19from the appropriation.
25.20(b) All conservation easements acquired with
25.21money appropriated under this section must:
25.22(1) be permanent; (2) specify the parties to
25.23the easement; (3) specify all of the provisions
25.24of an agreement that are permanent; (4)
25.25specify the habitat types and location
25.26being protected; (5) where appropriate for
25.27conservation or water protection outcomes,
25.28require the grantor to employ practices
25.29retaining water on the eased land as long as
25.30practicable; (6) specify the responsibilities
25.31of the parties for habitat enhancement and
25.32restoration and the associated costs of these
25.33activities; (7) be sent to the office of the
25.34Lessard-Sams Outdoor Heritage Council; (8)
26.1include a long-term stewardship plan and
26.2identify the sources and amount of funding
26.3for monitoring and enforcing the easement
26.4agreement; and (9) identify the parties
26.5responsible for monitoring and enforcing the
26.6easement agreement.
26.7(c) For all restorations, a recipient must
26.8prepare and retain an ecological restoration
26.9and management plan that, to the degree
26.10practicable, is consistent with current
26.11conservation science and ecological goals
26.12for the restoration site. Consideration should
26.13be given to soil, geology, topography, and
26.14other relevant factors that would provide
26.15the best chance for long-term success and
26.16durability of the restoration projects. The
26.17plan must include the proposed timetable for
26.18implementing the restoration, including, but
26.19not limited to, site preparation, establishment
26.20of diverse plant species, maintenance, and
26.21additional enhancement to establish the
26.22restoration; identify long-term maintenance
26.23and management needs of the restoration
26.24and how the maintenance, management,
26.25and enhancement will be financed; and use
26.26current conservation science to achieve the
26.27best restoration.
26.28(d) For new lands acquired, a recipient
26.29must prepare a restoration and management
26.30plan in compliance with paragraph (c),
26.31including identification of sufficient funding
26.32for implementation.
26.33(e) To ensure public accountability for the
26.34use of public funds, a recipient must provide
26.35to the Lessard-Sams Outdoor Heritage
27.1Council documentation of the process
27.2used to select parcels acquired in fee or as
27.3permanent conservation easements and must
27.4provide the council with documentation
27.5of all related transaction costs, including,
27.6but not limited to, appraisals, legal fees,
27.7recording fees, commissions, other similar
27.8costs, and donations. This information
27.9must be provided for all parties involved
27.10in the transaction. The recipient must
27.11also report to the Lessard-Sams Outdoor
27.12Heritage Council any difference between the
27.13acquisition amount paid to the seller and the
27.14state-certified or state-reviewed appraisal, if
27.15a state-certified or state-reviewed appraisal
27.16was conducted. Acquisition data such
27.17as appraisals may remain private during
27.18negotiations but must ultimately be made
27.19public according to Minnesota Statutes,
27.20chapter 13.
27.21(f) Except as otherwise provided in this
27.22section, all restoration and enhancement
27.23projects funded with money appropriated
27.24under this section must be on land
27.25permanently protected by a conservation
27.26easement or public ownership or in public
27.27waters as defined in Minnesota Statutes,
27.28section
27.29(g) To the extent an appropriation is used to
27.30acquire an interest in real property, a recipient
27.31of an appropriation under this section must
27.32provide to the Lessard-Sams Outdoor
27.33Heritage Council and the commissioner
27.34of management and budget an analysis of
27.35increased operations and maintenance costs
27.36likely to be incurred by public entities as
28.1a result of the acquisition and of how these
28.2costs are to be paid.
28.3(h) A recipient of money from an
28.4appropriation under this section must give
28.5consideration to
28.6
28.7for possible use of the corps' services to
28.8contract for restoration and enhancement
28.9services.
28.10
28.11
28.12
28.13(i) A recipient of money under this section
28.14must erect signage according to Laws 2009,
28.15chapter 172, article 5, section 10.
28.16 Sec. 14. LEGACY FUNDING REQUIREMENTS APPLY.
28.17Each direct recipient of money appropriated in this article, as well as each
28.18recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
28.19requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
28.20Special Session chapter 6, article 5.
28.23 Section 1. Minnesota Statutes 2011 Supplement, section 114D.30, subdivision 4, is
28.24amended to read:
28.25 Subd. 4. Terms; compensation; removal. The terms of members representing the
28.26state agencies and the Metropolitan Council are four years and are coterminous with the
28.27governor. The terms of other nonlegislative members of the council shall be as provided
28.28in section
28.29and qualify. Compensation and removal of nonlegislative council members is as provided
28.30in section
28.31determined by the appointing authority. The Pollution Control Agency may reimburse
28.32legislative members for expenses. A vacancy on the council may be filled by the
28.33appointing authority provided in subdivision 1 for the remainder of the unexpired term.
29.1 Sec. 2. Laws 2009, chapter 172, article 2, section 4, as amended by Laws 2010, chapter
29.2361, article 2, section 2, and Laws 2011, First Special Session chapter 6, article 2, section
29.323, is amended to read:
| 29.4 |
Sec. 4. POLLUTION CONTROL AGENCY |
$ |
24,076,000 |
$ |
27,630,000 |
||
29.6the second year are to develop total
29.7maximum daily load (TMDL) studies and
29.8TMDL implementation plans for waters
29.9listed on the United States Environmental
29.10Protection Agency approved impaired
29.11waters list in accordance with Minnesota
29.12Statutes, chapter 114D. The agency shall
29.13complete an average of ten percent of the
29.14TMDLs each year over the biennium. Of
29.15this amount, $348,000 the first year is to
29.16retest the comprehensive assessment of the
29.17biological conditions of the lower Minnesota
29.18River and its tributaries within the Lower
29.19Minnesota River Major Watershed, as
29.20previously assessed from 1976 to 1992 under
29.21the Minnesota River Assessment Project
29.22(MRAP). The assessment must include the
29.23same fish species sampling at the same 116
29.24locations and the same macroinvertebrate
29.25sampling at the same 41 locations as the
29.26MRAP assessment. The assessment must:
29.27(1) include an analysis of the findings; and
29.28(2) identify factors that limit aquatic life in
29.29the Minnesota River.
29.30Of this amount, $250,000 the first year is
29.31for a pilot project for the development of
29.32total maximum daily load (TMDL) studies
29.33conducted on a watershed basis within
29.34the Buffalo River watershed in order to
29.35protect, enhance, and restore water quality
30.1in lakes, rivers, and streams. The pilot
30.2project shall include all necessary field
30.3work to develop TMDL studies for all
30.4impaired subwatersheds within the Buffalo
30.5River watershed and provide information
30.6necessary to complete reports for most of the
30.7remaining watersheds, including analysis of
30.8water quality data, identification of sources
30.9of water quality degradation and stressors,
30.10load allocation development, development
30.11of reports that provide protection plans
30.12for subwatersheds that meet water quality
30.13standards, and development of reports that
30.14provide information necessary to complete
30.15TMDL studies for subwatersheds that do not
30.16meet water quality standards, but are not
30.17listed as impaired.
30.18(b) $500,000 the first year is for development
30.19of an enhanced TMDL database to manage
30.20and track progress. Of this amount, $63,000
30.21the first year is to promulgate rules. By
30.22November 1, 2010, the commissioner shall
30.23submit a report to the chairs of the house of
30.24representatives and senate committees with
30.25jurisdiction over environment and natural
30.26resources finance on the outcomes achieved
30.27with this appropriation.
30.28(c) $1,500,000 the first year and $3,169,000
30.29the second year are for grants under
30.30Minnesota Statutes, section
30.31political subdivisions for up to 50 percent of
30.32the costs to predesign, design, and implement
30.33capital projects that use storm water or
30.34treated municipal wastewater instead of
30.35groundwater from drinking water aquifers,
30.36in order to demonstrate the beneficial use
31.1of wastewater or storm water, including
31.2the conservation and protection of water
31.3resources. Of this amount, $1,000,000 the
31.4first year is for grants to ethanol plants that
31.5are within one and one-half miles of a city for
31.6improvements that use storm water or reuse
31.7
31.8
31.9June 30, 2016.
31.10(d) $1,125,000 the first year and $1,125,000
31.11the second year are for groundwater
31.12assessment and drinking water protection to
31.13include:
31.14(1) the installation and sampling of at least
31.1530 new monitoring wells;
31.16(2) the analysis of samples from at least 40
31.17shallow monitoring wells each year for the
31.18presence of endocrine disrupting compounds;
31.19and
31.20(3) the completion of at least four to
31.21five groundwater models for TMDL and
31.22watershed plans.
31.23(e) $2,500,000 the first year is for the clean
31.24water partnership program. Priority shall be
31.25given to projects preventing impairments and
31.26degradation of lakes, rivers, streams, and
31.27groundwater in accordance with Minnesota
31.28Statutes, section
31.29clause (4). Any balance remaining in the first
31.30year does not cancel and is available for the
31.31second year.
31.32(f) $896,000 the first year is to establish
31.33a network of water monitoring sites, to
31.34include at least 20 additional sites, in public
31.35waters adjacent to wastewater treatment
32.1facilities across the state to assess levels of
32.2endocrine-disrupting compounds, antibiotic
32.3compounds, and pharmaceuticals as required
32.4in this article. The data must be placed on
32.5the agency's Web site.
32.6(g) $155,000 the first year is to provide
32.7notification of the potential for coal tar
32.8contamination, establish a storm water
32.9pond inventory schedule, and develop best
32.10management practices for treating and
32.11cleaning up contaminated sediments as
32.12required in this article. $490,000 the second
32.13year is to provide grants to local units of
32.14government for up to 50 percent of the costs
32.15to implement best management practices to
32.16treat or clean up contaminated sediments
32.17in storm water ponds and other waters as
32.18defined under this article. Local governments
32.19must have adopted an ordinance for the
32.20restricted use of undiluted coal tar sealants
32.21in order to be eligible for a grant, unless a
32.22statewide restriction has been implemented.
32.23A grant awarded under this paragraph must
32.24not exceed $100,000. Up to $145,000 of the
32.25appropriation in the second year may be used
32.26to complete work required under section 28,
32.27paragraph (c).
32.28(h) $350,000 the first year and $600,000 the
32.29second year are for a restoration project in
32.30the lower St. Louis River and Duluth harbor
32.31in order to improve water quality. This
32.32appropriation must be matched by nonstate
32.33money at a rate of at least $2 for every $1 of
32.34state money.
33.1(i) $150,000 the first year and $196,000 the
33.2second year are for grants to the Red River
33.3Watershed Management Board to enhance
33.4and expand existing river watch activities in
33.5the Red River of the North. The Red River
33.6Watershed Management Board shall provide
33.7a report that includes formal evaluation
33.8results from the river watch program to the
33.9commissioners of education and the Pollution
33.10Control Agency and to the legislative natural
33.11resources finance and policy committees
33.12and K-12 finance and policy committees by
33.13February 15, 2011.
33.14(j) $200,000 the first year and $300,000 the
33.15second year are for coordination with the
33.16state of Wisconsin and the National Park
33.17Service on comprehensive water monitoring
33.18and phosphorus reduction activities in the
33.19Lake St. Croix portion of the St. Croix
33.20River. The Pollution Control Agency
33.21shall work with the St. Croix Basin Water
33.22Resources Planning Team and the St. Croix
33.23River Association in implementing the
33.24water monitoring and phosphorus reduction
33.25activities. This appropriation is available
33.26to the extent matched by nonstate sources.
33.27Money not matched by November 15, 2010,
33.28cancels for this purpose and is available for
33.29the purposes of paragraph (a).
33.30(k) $7,500,000 the first year and $7,500,000
33.31the second year are for completion of 20
33.32percent of the needed statewide assessments
33.33of surface water quality and trends. Of this
33.34amount, $175,000 the first year and $200,000
33.35the second year are for monitoring and
34.1analyzing endocrine disruptors in surface
34.2waters.
34.3(l) $100,000 the first year and $150,000
34.4the second year are for civic engagement
34.5in TMDL development. The agency shall
34.6develop a plan for expenditures under
34.7this paragraph. The agency shall give
34.8consideration to civic engagement proposals
34.9from basin or sub-basin organizations,
34.10including the Mississippi Headwaters Board,
34.11the Minnesota River Joint Powers Board,
34.12Area II Minnesota River Basin Projects,
34.13and the Red River Basin Commission.
34.14By November 15, 2009, the plan shall be
34.15submitted to the house and senate chairs
34.16and ranking minority members of the
34.17environmental finance divisions.
34.18(m) $5,000,000 the second year is for
34.19groundwater protection or prevention of
34.20groundwater degradation activities. By
34.21January 15, 2010, the commissioner, in
34.22consultation with the commissioner of
34.23natural resources, the Board of Water and
34.24Soil Resources, and other agencies, shall
34.25submit a report to the chairs of the house of
34.26representatives and senate committees with
34.27jurisdiction over the clean water fund on the
34.28intended use of these funds. The legislature
34.29must approve expenditure of these funds by
34.30law.
34.31Notwithstanding Minnesota Statutes, section
34.33before June 30, 2011, as grants or contracts in
34.34this section are available until June 30, 2013.
35.1 Sec. 3. Laws 2011, First Special Session chapter 6, article 2, section 7, is amended to
35.2read:
| 35.3 35.4 |
Sec. 7. BOARD OF WATER AND SOIL RESOURCES |
$ |
27,534,000 |
$ |
31,734,000 |
||
35.6
35.7for pollution reduction and restoration grants
35.8to local government units and joint powers
35.9organizations of local government units to
35.10protect surface water and drinking water; to
35.11keep water on the land; to protect, enhance,
35.12and restore water quality in lakes, rivers,
35.13and streams; and to protect groundwater
35.14and drinking water, including feedlot water
35.15quality and subsurface sewage treatment
35.16system (SSTS) projects and stream bank,
35.17stream channel, and shoreline restoration
35.18projects. The projects must be of long-lasting
35.19public benefit, include a match, and be
35.20consistent with TMDL implementation plans
35.21or local water management plans.
35.22(b) $3,000,000 the first year and
35.23$3,600,000 the second year are for targeted
35.24local resource protection and enhancement
35.25grants. The board shall give priority
35.26consideration to projects and practices
35.27that complement, supplement, or exceed
35.28current state standards for protection,
35.29enhancement, and restoration of water
35.30quality in lakes, rivers, and streams or that
35.31protect groundwater from degradation. Of
35.32this amount, at least $1,500,000 each year is
35.33for county SSTS implementation.
35.34(c) $900,000 the first year and
35.35$1,200,000 the second year are to
35.36provide state oversight and accountability,
36.1evaluate results, and develop an electronic
36.2system to measure and track the value of
36.3conservation program implementation by
36.4local governments, including submission
36.5to the legislature by March 1 each year
36.6an annual report prepared by the board,
36.7in consultation with the commissioners of
36.8natural resources, health, agriculture, and
36.9the Pollution Control Agency, detailing the
36.10recipients and projects funded under this
36.11section. The board shall require grantees to
36.12specify the outcomes that will be achieved
36.13by the grants prior to any grant awards.
36.14(d) $1,000,000 the first year and
36.15$1,700,000 the second year are for technical
36.16assistance and grants for the conservation
36.17drainage program in consultation with
36.18the Drainage Work Group, created under
36.19Minnesota Statutes, section
36.20subdivision 13
36.21to facilitate the installation of conservation
36.22practices on drainage systems that will result
36.23in water quality improvements and evaluate
36.24the outcomes of these installations.
36.25
36.26
36.27
36.28
36.29
36.30shall coordinate practice standards with the
36.31Natural Resources Conservation Service of
36.32the United States Department of Agriculture
36.33and seek to leverage federal funds as
36.34part of conservation drainage program
36.35implementation.
37.1(e) $6,000,000 the first year and $6,000,000
37.2the second year are to purchase and restore
37.3permanent conservation easements on
37.4riparian buffers adjacent to public waters,
37.5excluding wetlands, to keep water on the
37.6land in order to decrease sediment, pollutant,
37.7and nutrient transport; reduce hydrologic
37.8impacts to surface waters; and increase
37.9infiltration for groundwater recharge. The
37.10riparian buffers must be at least 50 feet
37.11unless there is a natural impediment, a road,
37.12or other impediment beyond the control
37.13of the landowner. This appropriation may
37.14be used for restoration of riparian buffers
37.15protected by easements purchased with
37.16this appropriation and for stream bank
37.17restorations when the riparian buffers have
37.18been restored.
37.19(f) $1,300,000 the first year and
37.20$2,300,000 the second year are for
37.21permanent conservation easements on
37.22wellhead protection areas under Minnesota
37.23Statutes, section
37.24paragraph (d). Priority must be placed on
37.25land that is located where the vulnerability
37.26of the drinking water supply is designated
37.27as high or very high by the commissioner
37.28of health. The board shall coordinate
37.29with the United States Geological Survey,
37.30the commissioners of health and natural
37.31resources, and local communities contained
37.32in the Decorah and St. Lawrence Edge areas
37.33of Winona, Goodhue, Olmsted, and Wabasha
37.34Counties to obtain easements in identified
37.35areas as having the most vulnerability to
37.36groundwater contamination.
38.1(g) $1,500,000 the first year and $1,500,000
38.2the second year are for community partners
38.3grants to local units of government for:
38.4(1) structural or vegetative management
38.5practices that reduce storm water runoff
38.6from developed or disturbed lands to reduce
38.7the movement of sediment, nutrients, and
38.8pollutants for restoration, protection, or
38.9enhancement of water quality in lakes, rivers,
38.10and streams and to protect groundwater
38.11and drinking water; and (2) installation
38.12of proven and effective water retention
38.13practices including, but not limited to, rain
38.14gardens and other vegetated infiltration
38.15basins and sediment control basins in order
38.16to keep water on the land. The projects
38.17must be of long-lasting public benefit,
38.18include a local match, and be consistent with
38.19TMDL implementation plans or local water
38.20management plans. Local government unit
38.21staff and administration costs may be used
38.22as a match.
38.23(h) $84,000 the first year and $84,000 the
38.24second year are for a technical evaluation
38.25panel to conduct up to ten restoration
38.26evaluations under Minnesota Statutes,
38.27section
38.28(i) The board shall contract for services
38.29with Conservation Corps Minnesota for
38.30restoration, maintenance, and other activities
38.31under this section for $500,000 the first year
38.32and $500,000 the second year.
38.33(j) The board may shift grant or cost-share
38.34funds in this section and may adjust the
38.35technical and administrative assistance
39.1portion of the funds to leverage federal or
39.2other nonstate funds or to address oversight
39.3responsibilities or high-priority needs
39.4identified in local water management plans.
39.5(k) The appropriations in this section are
39.6available until June 30, 2016.
39.7 Sec. 4. AQUATIC INVASIVE SPECIES; APPROPRIATION.
39.8(a) $2,200,000 in fiscal year 2013 is appropriated from the clean water fund to
39.9the Board of Regents of the University of Minnesota for research, in consultation with
39.10other institutions of higher learning in Minnesota, on aquatic invasive species that
39.11threaten or have the potential to threaten the water quality of the state's lakes, rivers, and
39.12streams. With the approval of the Board of Regents of the University of Minnesota,
39.13the appropriation shall fund the following within the College of Food, Agricultural and
39.14Natural Resource Sciences' Department of Fisheries, Wildlife and Conservation Biology:
39.15(1) three research assistant professors with three different focus areas, to include
39.16environmental DNA, zebra mussels, and fish ecology;
39.17(2) one fish care technician;
39.18(3) five graduate students within the Department of Fisheries, Wildlife and
39.19Conservation Biology; and
39.20(4) up to $1,050,000 in equipment necessary for the research activities under this
39.21paragraph.
39.22(b) This is a onetime appropriation and is available until June 30, 2018.
39.23 Sec. 5. LEGACY FUNDING REQUIREMENTS APPLY.
39.24All appropriations in this article are onetime and are subject to the requirements
39.25and availability provisions provided under Laws 2011, First Special Session chapter 6,
39.26articles 2 and 5. Each direct recipient of money appropriated in this article, as well as each
39.27recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
39.28requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
39.29Special Session chapter 6, articles 2 and 5.
39.32 Section 1. Laws 2009, chapter 172, article 3, section 3, is amended to read:
| 40.1 |
Sec. 3. METROPOLITAN COUNCIL |
$ |
12,641,000 |
$ |
15,140,000 |
||
40.3$15,140,000 the second year are from the
40.4parks and trails fund to be distributed as
40.5required under new Minnesota Statutes,
40.6section
40.7of this amount, $40,000 the first year is for
40.8a grant to Hennepin County to plant trees
40.9along the Victory Memorial Parkway. For
40.10acquisition of an interest in real property,
40.11appropriations under this section are
40.12available until June 30, 2013.
40.13(b) The Metropolitan Council shall submit
40.14a report on the expenditure and use of
40.15money appropriated under this section to
40.16the legislature as provided in Minnesota
40.17Statutes, section
40.18year. The report must detail the outcomes in
40.19terms of additional use of parks and trails
40.20resources, user satisfaction surveys, and
40.21other appropriate outcomes.
40.22(c) Grant agreements entered into by the
40.23Metropolitan Council and recipients of
40.24money appropriated under this section shall
40.25ensure that the funds are used to supplement
40.26and not substitute for traditional sources of
40.27funding.
40.28(d) The implementing agencies receiving
40.29appropriations under this section shall
40.30give consideration to contracting with the
40.31Minnesota Conservation Corps for contract
40.32restoration, maintenance, and other activities.
40.33EFFECTIVE DATE.This section is effective the day following final enactment.
41.3 Section 1. Minnesota Statutes 2010, section 16B.98, subdivision 5, is amended to read:
41.4 Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is
41.5not valid and the state is not bound by the grant unless:
41.6 (1) the grant has been executed by the head of the agency or a delegate who is
41.7party to the grant;
41.8 (2) the accounting system shows an encumbrance for the amount of the grant in
41.9accordance with policy approved by the commissioner
41.10(3) the grant agreement includes an effective date that references either section
41.1116C.05, subdivision 2, or 16B.98, subdivisions 5 and 7, as determined by the granting
41.12agency.
41.13 (b) The combined grant agreement and amendments must not exceed five years
41.14without specific, written approval by the commissioner according to established policy,
41.15procedures, and standards, or unless the commissioner determines that a longer duration is
41.16in the best interest of the state.
41.17 (c) A fully executed copy of the grant agreement with all amendments and other
41.18required records relating to the grant must be kept on file at the granting agency for a time
41.19equal to that required of grantees in subdivision 8.
41.20 (d) Grant agreements must comply with policies established by the commissioner
41.21for minimum grant agreement standards and practices.
41.22 (e) The attorney general may periodically review and evaluate a sample of state
41.23agency grants to ensure compliance with applicable laws.
41.24 Sec. 2. Minnesota Statutes 2010, section 16B.98, subdivision 7, is amended to read:
41.25 Subd. 7. Grant payments. Payments to the grantee may not be issued until the
41.26grant agreement is fully executed. Encumbrances for grants issued by June 30 may be
41.27certified for a period of one year beyond the year in which the funds were originally
41.28appropriated as provided by section 16A.28, subdivision 6.
41.29 Sec. 3. Minnesota Statutes 2010, section 116U.26, is amended to read:
41.30116U.26 FILM PRODUCTION JOBS PROGRAM.
41.31 (a) The film production jobs program is created. The program shall be operated
41.32by the Minnesota Film and TV Board with administrative oversight and control by the
41.33
42.1shall make payment to producers of feature films, national television or Internet programs,
42.2documentaries, music videos, and commercials that directly create new film jobs in
42.3Minnesota. To be eligible for a payment, a producer must submit documentation to the
42.4Minnesota Film and TV Board of expenditures for production costs incurred in Minnesota
42.5that are directly attributable to the production in Minnesota of a film product.
42.6 The Minnesota Film and TV Board shall make recommendations to the
42.7
42.8the
42.9The
42.10eligible production costs submitted for payments. No more than five percent of the funds
42.11appropriated for the program in any year may be expended for administration.
42.12 (b) For the purposes of this section:
42.13 (1) "production costs" means the cost of the following:
42.14 (i) a story and scenario to be used for a film;
42.15 (ii) salaries of talent, management, and labor, including payments to personal
42.16services corporations for the services of a performing artist;
42.17 (iii) set construction and operations, wardrobe, accessories, and related services;
42.18 (iv) photography, sound synchronization, lighting, and related services;
42.19 (v) editing and related services;
42.20 (vi) rental of facilities and equipment; or
42.21 (vii) other direct costs of producing the film in accordance with generally accepted
42.22entertainment industry practice; and
42.23 (2) "film" means a feature film, television or Internet show, documentary, music
42.24video, or television commercial, whether on film, video, or digital media. Film does not
42.25include news, current events, public programming, or a program that includes weather
42.26or market reports; a talk show; a production with respect to a questionnaire or contest; a
42.27sports event or sports activity; a gala presentation or awards show; a finished production
42.28that solicits funds; or a production for which the production company is required under
42.29United States Code, title 18, section 2257, to maintain records with respect to a performer
42.30portrayed in a single-media or multimedia program.
42.31 (c) Notwithstanding any other law to the contrary, the Minnesota Film and TV Board
42.32may make reimbursements of: (1) up to 20 percent of film production costs for films that
42.33locate production outside the metropolitan area, as defined in section
42.342, or that incur production costs in excess of $5,000,000 in the metropolitan area within
42.35a 12-month period; or (2) up to 15 percent of film production costs for films that incur
42.36production costs of $5,000,000 or less in the metropolitan area within a 12-month period.
43.1 Sec. 4. Laws 2011, First Special Session chapter 6, article 4, section 2, subdivision 5,
43.2is amended to read:
| 43.3 43.4 |
Subd. 5.Minnesota Historical Society |
12,050,000 |
12,950,000 |
||||
43.6governing board of the Minnesota Historical
43.7Society to preserve and enhance access to
43.8Minnesota's history and its cultural and
43.9historical resources. Grant agreements
43.10entered into by the Minnesota Historical
43.11Society and other recipients of appropriations
43.12in this subdivision shall ensure that
43.13these funds are used to supplement and
43.14not substitute for traditional sources of
43.15funding. Funds directly appropriated to the
43.16Minnesota Historical Society shall be used to
43.17supplement, and not substitute for, traditional
43.18sources of funding. Notwithstanding
43.19Minnesota Statutes, section
43.20historic preservation projects that improve
43.21historic structures, the amounts are available
43.22until June 30, 2015.
43.23Statewide Historic and Cultural Grants.
43.24$5,250,000 the first year and
43.25$5,450,000 the second year are for history
43.26programs and projects operated or conducted
43.27by or through local, county, regional, or
43.28other historical or cultural organizations; or
43.29for activities to preserve significant historic
43.30and cultural resources. Funds are to be
43.31distributed through a competitive grants
43.32process. The Minnesota Historical Society
43.33shall administer these funds using established
43.34grants mechanisms, with assistance from
43.35the advisory committee created under Laws
44.12009, chapter 172, article 4, section 2,
44.2subdivision 4, paragraph (b), item (ii).
44.3Programs. $4,800,000 the first year and
44.4
44.5for programs and purposes related to the
44.6historical and cultural heritage of the state
44.7of Minnesota, conducted by the Minnesota
44.8Historical Society.
44.9History Partnerships. $1,500,000 the first
44.10year and
44.11year are for partnerships involving multiple
44.12organizations, which may include the
44.13Minnesota Historical Society, to preserve and
44.14enhance access to Minnesota's history and
44.15cultural heritage in all regions of the state.
44.16Statewide Survey of Historical and
44.17Archaeological Sites. $250,000 the first
44.18year and $250,000 the second year are
44.19for a contract or contracts to be let on a
44.20competitive basis to conduct statewide
44.21surveys of Minnesota's sites of historical,
44.22archaeological, and cultural significance.
44.23Results of this survey must be published in
44.24a searchable form, available to the public on
44.25a cost-free basis. The Minnesota Historical
44.26Society, the Office of the State Archaeologist,
44.27and the Indian Affairs Council shall each
44.28appoint a representative to an oversight
44.29board to select contractors and direct the
44.30conduct of these surveys. The oversight
44.31board shall consult with the Departments of
44.32Transportation and Natural Resources.
44.33Digital Library. $250,000 the first year and
44.34$250,000 the second year are for a digital
44.35library project to preserve, digitize, and share
45.1Minnesota images, documents, and historical
45.2materials. The Minnesota Historical Society
45.3shall cooperate with the Minitex interlibrary
45.4loan system and shall jointly share this
45.5appropriation for these purposes.
45.6Commemoration Activities. $100,000
45.7the second year is for activities that
45.8commemorate the sesquicentennial of
45.9the American Civil War and the Dakota
45.10Conflict, as recommended by the Civil War
45.11Commemoration Task Force established in
45.12Executive Order 11-15 (2011).
45.13 Sec. 5. COMMEMORATION PROGRAMMING; APPROPRIATION.
45.14$80,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund
45.15to the commissioner of administration for grants to public broadcasting organizations to
45.16develop programming that commemorates the sesquicentennial
.
45.17 Sec. 6. FILM PRODUCTION INCENTIVE PROGRAM; APPROPRIATION.
45.18$600,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund
45.19to the commissioner of administration for a grant to the Minnesota Film and TV Board
45.20for a new competitive film production incentive program. The Minnesota Film and TV
45.21Board in consultation with Independent Feature Project/Minnesota shall reimburse film
45.22producers for eligible production costs incurred to produce a film or documentary in
45.23Minnesota. Eligible production costs are expenditures incurred in Minnesota that are
45.24directly attributable to the production of a film or documentary in Minnesota. Eligible
45.25production costs include talent, management, labor, set construction and operation,
45.26wardrobe, sound synchronization, lighting, editing, rental facilities and equipment, and
45.27other direct costs of producing a film or documentary in accordance with generally
45.28accepted entertainment industry practices. A producer must agree, to the greatest extent
45.29possible, to procure all eligible production inputs in Minnesota. A producer must submit
45.30proper documentation of eligible production costs incurred.
45.31 Sec. 7. HISTORICAL RULEMAKING WEB SITE; APPROPRIATION.
45.32$35,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund to
45.33the revisor of statutes to design and implement a Web site to provide the public searchable
46.1access to historical documents relating to state agency rulemaking. It is anticipated that
46.2the revisor of statutes will match this appropriation from carryforward funds and that the
46.3revisor will use the carryforward funds to design and implement a Web site that will
46.4provide the public searchable access to future state agency rulemaking documents.
46.5 Sec. 8. LEGACY FUNDING REQUIREMENTS APPLY.
46.6All appropriations in this article are onetime and are subject to the requirements
46.7and availability provisions provided under Laws 2011, First Special Session chapter 6,
46.8articles 4 and 5. Each direct recipient of money appropriated in this article, as well as each
46.9recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
46.10requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
46.11Special Session chapter 6, articles 4 and 5.