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SF 2564

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/30/2010 01:08pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to state government; appropriating money from constitutionally
dedicated funds for outdoor heritage purposes.

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

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

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this act. The appropriations are from the
outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
figures "2010" and "2011" used in this act mean that the appropriations listed under them
are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The
first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is
fiscal years 2010 and 2011. The appropriations in this act are onetime.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2010
new text end
new text begin 2011
new text end

Sec. 2. new text beginOUTDOOR HERITAGE
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 0
new text end
new text begin $
new text end
new text begin 58,939,000
new text end

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

new text begin Subd. 2. new text end

new text begin Prairies
new text end

new text begin 0
new text end
new text begin 18,093,000
new text end
new text begin (a) Accelerated Prairie Grassland Restoration
and Enhancement Program on DNR Lands
new text end

new text begin $5,833,000 in fiscal year 2011 is to the
commissioner of natural resources to
accelerate the protection, restoration, and
enhancement of native prairie vegetation.
A list of proposed land acquisitions,
restorations, and enhancements, describing
the types and locations of acquisitions,
restorations, and enhancements, must
be provided as part of the required
accomplishment plan. All restorations must
comply with subdivision 9, paragraph (b).
new text end

new text begin (b) The Green Corridor Legacy Program
new text end

new text begin $1,651,000 in fiscal year 2011 is to the
commissioner of natural resources for
an agreement with the Redwood Area
Communities Foundation or its successor to
acquire and restore land for purposes allowed
under the Minnesota Constitution, article XI,
section 15, in Redwood, Renville, Brown,
Nicollet, Murray, Lyon, Yellow Medicine,
Chippewa, and Cottonwood Counties to be
added to the state outdoor recreation system
as defined in Minnesota Statutes, chapter
86A. A list of proposed fee title acquisitions
must be provided as part of the required
accomplishment plan. The commissioner
of natural resources must agree to each
proposed acquisition. All restorations must
comply with subdivision 9, paragraph (b).
new text end

new text begin (c) Prairie Heritage Fund - Acquisition and
Restoration
new text end

new text begin $3,015,000 in fiscal year 2011 is to the
commissioner of natural resources for an
agreement with Pheasants Forever or its
successor to acquire and restore land to
be added to the state wildlife management
area system. A list of proposed fee title
acquisitions and a list of proposed restoration
projects, describing the types and locations
of restorations, must be provided as part
of the required accomplishment plan. The
commissioner of natural resources must
agree to each proposed acquisition. All
restorations must comply with subdivision
9, paragraph (b).
new text end

new text begin (d) Northern Tallgrass Prairie National
Wildlife Refuge Protection
new text end

new text begin $2,041,000 in fiscal year 2011 is to the
commissioner of natural resources for an
agreement with The Nature Conservancy or
its successor to acquire land or permanent
easements within the Northern Tallgrass
Prairie Habitat Preservation Area in western
Minnesota for addition to the Northern
Tallgrass Prairie National Wildlife Refuge.
A list of proposed fee title and permanent
easement acquisitions must be provided as
part of the required accomplishment plan.
Land removed from this program shall
transfer to the state. The accomplishment
plan must include an easement stewardship
plan.
new text end

new text begin (e) Rum River - Cedar Creek Initiative
new text end

new text begin $1,900,000 in fiscal year 2011 is to the
commissioner of natural resources for an
agreement with Anoka County to acquire fee
title to land at the confluence of the Rum
River and Cedar Creek in Anoka County.
Land acquired in fee must remain open to
hunting and fishing, consistent with the
capacity of the land, during the open season,
as determined by the commissioner of natural
resources. All restorations must comply with
subdivision 9, paragraph (b).
new text end

new text begin (f) Minnesota Prairie Recovery Project
new text end

new text begin $3,653,000 in fiscal year 2011 is to the
commissioner of natural resources for an
agreement with The Nature Conservancy or
its successor for a pilot project to acquire
interests in land and restore and enhance
prairie and prairie/wetland habitat in the
prairie regions of western and southwestern
Minnesota. The Nature Conservancy may
acquire land in fee or through permanent
conservation easements. A list of proposed
fee title and permanent conservation
easements, and a list of proposed restorations
and enhancements, must be provided as part
of the required accomplishment plan. All
restorations must comply with subdivision 9,
paragraph (b). The commissioner of natural
resources must agree to each acquisition
of interest in land, restoration project, and
enhancement project. The accomplishment
plan must include an easement stewardship
plan.
new text end

new text begin Subd. 3. new text end

new text begin Forests
new text end

new text begin 0
new text end
new text begin 5,603,000
new text end
new text begin (a) Critical Shoreline Habitat Protection
Program
new text end

new text begin $816,000 in fiscal year 2011 is to the
commissioner of natural resources for
an agreement with the Minnesota Land
Trust or its successor to acquire permanent
conservation easements protecting critical
shoreline habitats in Koochiching, Cook,
Lake, and St. Louis County portions of the
northern forest area in northern Minnesota
and provide stewardship for those easements.
A list of proposed conservation easement
acquisitions must be provided as part of
the required accomplishment plan. The
accomplishment plan must include an
easement stewardship plan.
new text end

new text begin (b) Protect Key Industrial Forest Land Tracts
in Central Minnesota
new text end

new text begin $594,000 in fiscal year 2011 is to the
commissioner of natural resources for an
agreement with Cass County to acquire lands
that assist with gaining access for restoration
and enhancement purposes to existing public
land tracts. A list of proposed acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (c) Little Nokasippi River Wildlife
Management Area
new text end

new text begin $843,000 in fiscal year 2011 is to the
commissioner of natural resources
for acceleration of agency programs and
cooperative agreements to acquire interests in
land within the boundaries of the Minnesota
National Guard Army compatible use buffer
(ACUB) program. Of this appropriation,
$225,000 is for the Department of Natural
Resources to acquire land for wildlife
management areas and $618,000 is for an
agreement with the Board of Water and Soil
Resources to acquire permanent conservation
easements. A list of proposed acquisitions
must be provided as part of the required
accomplishment plan.
new text end

new text begin (d) Accelerated Forest Wildlife Habitat
Program
new text end

new text begin $1,791,000 in fiscal year 2011 is to the
commissioner of natural resources for
acceleration of agency programs to acquire,
in fee, land for state forests and restore and
enhance state forest habitat. A list of projects
including proposed fee title acquisitions
and restorations and enhancements must
be provided as part of the required
accomplishment plan. All restorations must
comply with subdivision 9, paragraph (b).
new text end

new text begin (e) Northeastern Minnesota Sharp-Tailed
Grouse Habitat
new text end

new text begin $1,559,000 in fiscal year 2011 is to the
commissioner of natural resources for
an agreement with Pheasants Forever or
its successor to acquire interests in land,
and to restore and enhance habitat for
sharp-tailed grouse in Kanabec, Aitkin, and
St. Louis Counties in cooperation with the
Minnesota Sharp-Tailed Grouse Society. A
list of proposed acquisitions and a list of
proposed restorations and enhancements
must be provided as part of the required
accomplishment plan. The commissioner
of natural resources must agree to each
acquisition of interest in land, restoration
project, and enhancement project. All
restorations must comply with subdivision
9, paragraph (b).
new text end

new text begin Subd. 4. new text end

new text begin Wetlands
new text end

new text begin 0
new text end
new text begin 16,905,000
new text end
new text begin (a) Accelerated Shallow Lake and Wetland
Enhancement and Restoration Program
new text end

new text begin $6,505,000 in fiscal year 2011 is to the
commissioner of natural resources to assess,
enhance, and restore shallow lake and
wetland habitats, to acquire land in fee or
through permanent conservation easements
for shallow lake program restoration, and to
provide stewardship for acquired easements
in cooperation with Ducks Unlimited, Inc.,
or its successor. Of this appropriation,
$1,463,000 is for the Department of Natural
Resources agency program acceleration
and $5,042,000 is for an agreement with
Ducks Unlimited, Inc. A list of proposed
projects, describing the types and locations
of land acquisitions, restoration projects, and
enhancement projects, must be provided as
part of the required accomplishment plan.
The commissioner of natural resources
must agree to each acquisition, restoration
project, and enhancement project. The
accomplishment plan must include an
easement stewardship plan. All restorations
must comply with subdivision 9, paragraph
(b).
new text end

new text begin (b) Accelerate the Waterfowl Production Area
Program in Minnesota
new text end

new text begin $3,505,000 in fiscal year 2011 is to the
commissioner of natural resources for an
agreement with Pheasants Forever or its
successor to acquire and restore wetland and
related upland habitats, in cooperation with
the United States Fish and Wildlife Service
and Ducks Unlimited, Inc. or its successor to
be managed as waterfowl production areas.
A list of proposed acquisitions and a list of
proposed projects, describing the types and
locations of restorations, must be provided
as part of the required accomplishment
plan. All restorations must comply with
subdivision 9, paragraph (b).
new text end

new text begin (c) Reinvest in Minnesota Wetlands Reserve
Program Acquisition and Restoration
new text end

new text begin $6,895,000 in fiscal year 2011 is to the Board
of Water and Soil Resources to acquire
permanent conservation easements and
restore wetlands and associated uplands
in cooperation with the United States
Department of Agriculture Wetlands Reserve
Program. A list of proposed acquisitions
and a list of proposed projects, describing
the types and locations of restorations,
must be provided as part of the required
accomplishment plan. All restorations must
comply with subdivision 9, paragraph (b).
new text end

new text begin Subd. 5. new text end

new text begin Habitat
new text end

new text begin 0
new text end
new text begin 17,563,000
new text end
new text begin (a) Metro Big Rivers Habitat Program
new text end

new text begin $2,397,000 in fiscal year 2011 is to the
commissioner of natural resources for
agreements for projects to protect, restore,
and enhance natural systems of the Minnesota
River, St. Croix River, Mississippi River, and
their major tributaries as follows: $500,000
with Minnesota Valley Trust or its successor
for fee title land acquisition; $1,500,000 with
the Trust for Public Land or its successor
for fee title land acquisition; $227,300 with
the Friends of the Mississippi River or its
successor for restoration, enhancement,
and conservation easement acquisition; and
$169,700 with Great River Greening or its
successor for restoration and enhancement.
The accomplishment plan must include an
easement stewardship plan. All restorations
must comply with subdivision 9, paragraph
(b).
new text end

new text begin (b) Accelerated Aquatic Management Area
Acquisition
new text end

new text begin $3,416,000 in fiscal year 2011 is to the
commissioner of natural resources to
accelerate land acquisition by fee title and
easements to be added to the state aquatic
management area system as defined in
Minnesota Statutes, chapter 86A, and to
restore and enhance stream habitat and lake
habitat. Land acquired in fee must remain
open to hunting and fishing, consistent with
the capacity of the land, during the open
season, as determined by the commissioner
of natural resources. A list of proposed
fee title and easement acquisitions, stream
habitat restorations and enhancements, and
lake habitat restorations and enhancements
must be provided as part of the required
accomplishment plan.
new text end

new text begin (c) Cold Water River and Stream Restoration,
Protection, and Enhancement
new text end

new text begin $1,269,000 in fiscal year 2011 is to the
commissioner of natural resources for an
agreement with Trout Unlimited or its
successor to restore, enhance, and protect
cold water river and stream habitats in
Minnesota. A list of proposed acquisitions
and a list of proposed projects, describing
the types and locations of restorations and
enhancements, must be provided as part
of the required accomplishment plan. The
commissioner of natural resources must agree
to each proposed acquisition, restoration, and
enhancement. All restorations must comply
with subdivision 9, paragraph (b).
new text end

new text begin (d) Dakota County Riparian and Lakeshore
Protection and Restoration
new text end

new text begin $2,097,000 in fiscal year 2011 is to the
commissioner of natural resources for
an agreement with Dakota County for
acquisition of permanent easements and
enhancement and restoration of aquatic
and associated upland habitat. A list of
proposed acquisitions and restorations
must be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement stewardship
plan. All restorations must comply with
subdivision 9, paragraph (b).
new text end

new text begin (e) Valley Creek Protection Partnership
new text end

new text begin $1,218,000 in fiscal year 2011 is to the
commissioner of natural resources for
agreements on projects to protect, restore,
and enhance natural systems of Valley Creek
in Washington County as follows: $838,000
with Minnesota Land Trust or its successor;
$218,000 with Washington County;
$100,000 with the Belwin Conservancy or its
successor; $50,000 with Trout Unlimited or
its successor; and $12,000 with the Valley
Branch Watershed District. All restorations
must comply with subdivision 9, paragraph
(b).
new text end

new text begin (f) Anoka Sand Plain Restoration and
Enhancement
new text end

new text begin $747,000 in fiscal year 2011 is to the
commissioner of natural resources for an
agreement with Great River Greening or its
successor to restore and enhance habitat on
public property in the Anoka Sand Plain in
Anoka, Chisago, Isanti, Benton, Washington,
Morrison, and Sherburne Counties. All
restorations must comply with subdivision
9, paragraph (b).
new text end

new text begin (g) Lower Mississippi River Habitat
Restoration Acceleration
new text end

new text begin $1,000,000 in fiscal year 2011 is to
the commissioner of natural resources
to accelerate agency programs and for
cooperative agreements to acquire land in
the Root River watershed. A list of proposed
acquisitions must be provided as part of
the required accomplishment plan. The
commissioner of natural resources must agree
to each proposed acquisition, restoration, and
enhancement. All restorations must comply
with subdivision 9, paragraph (b).
new text end

new text begin (h) Washington County St. Croix River Land
Protection
new text end

new text begin $1,033,000 in fiscal year 2011 is to the
commissioner of natural resources for an
agreement with Washington County to
acquire permanent easements to protect
habitat associated with the St. Croix River
Valley. A list of proposed acquisitions
must be provided as part of the required
accomplishment plan. The accomplishment
plan must include an easement stewardship
plan.
new text end

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

new text begin $4,386,000 in fiscal year 2011 is to the
commissioner of natural resources for a
program to provide competitive, matching
grants of up to $400,000 to local, regional,
state, and national organizations, including
government, for enhancement, restoration,
or protection of forests, wetlands, prairies,
and habitat for fish, game, or wildlife in
Minnesota. The commissioner of natural
resources shall give priority to organizations
that have a history or charter to receive
private contributions for local conservation
or habitat projects. Up to four percent
of this appropriation may be used by the
commissioner of natural resources for
administering the grant program. Grantees
may acquire land or interests in land.
Easements must be permanent. Land
acquired in fee must be open to hunting
and fishing during the open season unless
otherwise provided by state law. The
commissioner of natural resources must
agree to each proposed acquisition of land or
interest in land. The program shall require a
cash match of at least ten percent nonstate
funds. The criteria for evaluating grant
applications must include amount of habitat
restored, enhanced, or protected; local
support; degree of collaboration; urgency;
capacity to achieve multiple benefits;
habitat benefits provided; consistency with
sound conservation science; adjacency to
protected lands; full funding of the project;
supplementing existing funding; public
access for hunting and fishing during the
open season; sustainability; and use of native
plant materials. All projects must conform
to the Minnesota statewide conservation and
preservation plan. Wildlife habitat projects
must also conform to the Minnesota wildlife
action plan. Priority may be given to projects
acquiring land or easements associated
with existing wildlife management areas.
All restoration or enhancement projects
must be on land permanently protected by
conservation easement or public ownership.
Subdivision 9 applies to grants awarded
under this paragraph. All restorations must
comply with subdivision 9, paragraph (b).
This appropriation is available until June
30, 2014, at which time all grant project
work must be completed and final products
delivered, unless an earlier date is specified
in the grant agreement. No less than five
percent of the amount of each grant must
be held back from reimbursement until
the grant recipient has completed a grant
accomplishment report by the deadline and
in the form prescribed by and satisfactory to
the Lessard-Sams Outdoor Heritage Council.
new text end

new text begin Subd. 6. new text end

new text begin Administration and Other
new text end

new text begin 0
new text end
new text begin 775,000
new text end
new text begin (a) Contract Management
new text end

new text begin $175,000 in fiscal year 2011 is to the
commissioner of natural resources for
contract management duties assigned in this
section.
new text end

new text begin (b) Legislative Coordinating Commission
new text end

new text begin $600,000 in fiscal year 2011 is to the
Legislative Coordinating Commission for
administrative expenses of the Lessard-Sams
Outdoor Heritage Council and for
compensation and expense reimbursement
of council members.
new text end

new text begin (c) Lessard-Sams Outdoor Heritage Council
Site Visit Exception
new text end

new text begin Travel to and from site visits by council
members that are funded under paragraph
(b) are not meetings of the council for the
purpose of receiving information under
Minnesota Statutes, section 97A.056,
subdivision 5.
new text end

new text begin Subd. 7. new text end

new text begin Availability of Appropriation
new text end

new text begin Money appropriated in this section may
not be spent on activities unless they are
directly related to and necessary for a
specific appropriation and are specified in the
accomplishment plan. Money appropriated
in this section must not be spent on indirect
costs or other institutional overhead charges.
Unless otherwise provided, the amounts
in this section are available until June 30,
2013, when projects must be completed and
final accomplishments reported. If a project
receives federal funds, the time period
of the appropriation is extended to equal
the availability of federal funding. Funds
appropriated for fee title acquisition of land
may be used to restore and enhance land
acquired with the appropriation.
new text end

new text begin Subd. 8. new text end

new text begin Accomplishment Plans
new text end

new text begin It is a condition of acceptance of the
appropriations made by this section that the
agency or entity using the appropriation shall
submit to the council an accomplishment
plan and periodic accomplishment
reports in the form determined by the
Lessard-Sams Outdoor Heritage Council.
The accomplishment plan must account for
the use of the appropriation and outcomes
of the expenditure in measures of wetlands,
prairies, forests, and fish, game, and wildlife
habitat restored, protected, and enhanced.
The plan must include an evaluation of
results. None of the money provided in this
section may be expended unless the council
has approved the pertinent accomplishment
plan.
new text end

new text begin Subd. 9. new text end

new text begin Project Requirements
new text end

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

new text begin (b) To the extent possible, a person
conducting restoration with money
appropriated in this section must plant
vegetation or sow seed only of ecotypes
native to Minnesota, and preferably of the
local ecotype, using a high diversity of
species originating from as close to the
restoration site as possible, and protect
existing native prairies, grasslands, forests,
wetlands, and other aquatic systems from
genetic contamination.
new text end

new text begin (c) All conservation easements acquired
with money appropriated in this section
must: (1) be permanent; (2) specify the
parties to an easement; (3) specify all of
the provisions of an agreement that are
permanent; (4) specify the responsibilities
of the parties for habitat enhancement and
restoration and the associated costs of these
activities; (5) be sent to the office of the
Lessard-Sams Outdoor Heritage Council; (6)
include a long-term stewardship plan and
identify the sources and amount of funding
for monitoring and enforcing the easement
agreement; and (7) identify the parties
responsible for monitoring and enforcing the
easement agreement.
new text end

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

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

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

new text begin (g) Except as otherwise provided in this
section, all restoration and enhancement
projects with money appropriated in this
section must be on land permanently
protected by a conservation easement or
public ownership.
new text end

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

new text begin (i) A recipient of money from an
appropriation in this section must give
consideration to and make timely written
contact with the Minnesota Conservation
Corps or its successor for consideration of
possible use of their services to contract for
restoration and enhancement services. A
copy of the written contact must be filed with
the Lessard-Sams Outdoor Heritage Council
within 15 days of execution.
new text end

new text begin (j) A recipient of money from this section
must erect signage according to Laws 2009,
chapter 172, article 5, section 10.
new text end

new text begin Subd. 10. new text end

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

new text begin All agreements, grants, or contracts referred
to in this section must be administered on
a reimbursement basis unless otherwise
provided in this section. Notwithstanding
Minnesota Statutes, section 16A.41,
expenditures directly related to each
appropriation's purpose made on or after July
1, 2010, are eligible for reimbursement unless
otherwise provided in this section. Periodic
reimbursement must be made upon receiving
documentation that the deliverable items
articulated in the approved accomplishment
plan have been achieved, including partial
achievements as evidenced by approved
progress reports. Reasonable amounts may
be advanced to projects to accommodate
cash flow needs or to match federal share.
The advances must be approved as part of
the accomplishment plan. Capital equipment
expenditures for specific items in excess of
$10,000 must be approved as part of the
accomplishment plan.
new text end

new text begin Subd. 11. new text end

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

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

new text begin Subd. 12. new text end

new text begin Accessibility
new text end

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

new text begin Subd. 13. new text end

new text begin Land Acquisition Restrictions
new text end

new text begin (a) An interest in real property, including, but
not limited to, an easement or fee title, that
is acquired with money appropriated under
this section must be used in perpetuity or for
the specific term of an easement interest for
the purpose for which the appropriation was
made.
new text end

new text begin (b) A recipient of funding who acquires
an interest in real property subject to this
subdivision may not alter the intended use
of the interest in real property or convey
any interest in the real property acquired
with the appropriation without the prior
review and approval of the Lessard-Sams
Outdoor Heritage Council or its successor.
The council shall establish procedures to
review requests from recipients to alter
the use of or convey an interest in real
property. These procedures shall allow
for the replacement of the interest in real
property with another interest in real property
meeting the following criteria: (1) the
interest is at least equal in fair market value,
as certified by the commissioner of natural
resources, to the interest being replaced; and
(2) the interest is in a reasonably equivalent
location and has a reasonably equivalent
useful conservation purpose compared to the
interest being replaced.
new text end

new text begin (c) A recipient of funding who acquires an
interest in real property under paragraph
(a) must separately record a notice of
funding restrictions in the appropriate local
government office where the conveyance
of the interest in real property is filed. The
notice of funding agreement must contain:
(1) a legal description of the interest in real
property covered by the funding agreement;
(2) a reference to the underlying funding
agreement; (3) a reference to this section; and
(4) the following statement: "This interest
in real property shall be administered in
accordance with the terms, conditions, and
purposes of the grant agreement controlling
the acquisition of the property. The interest
in real property, or any portion of the interest
in real property, shall not be sold, transferred,
pledged, or otherwise disposed of or further
encumbered without obtaining the prior
written approval of the Lessard-Sams
Outdoor Heritage Council or its successor.
The ownership of the interest in real property
shall transfer to the state if: (1) the holder of
the interest in real property fails to comply
with the terms and conditions of the grant
agreement or accomplishment plan; or
(2) restrictions are placed on the land that
preclude its use for the intended purpose as
specified in the appropriation."
new text end

new text begin Subd. 14. new text end

new text begin Real Property Interest Report
new text end

new text begin By December 1 each year, a recipient of
money appropriated under this section that
is used for the acquisition of an interest in
real property, including, but not limited to,
an easement or fee title, must submit annual
reports on the status of the real property to
the Lessard-Sams Outdoor Heritage Council
or its successor in a form determined by the
council. The responsibility for reporting
under this section may be transferred by
the recipient of the appropriation to another
person or entity that holds the interest in the
real property. To complete the transfer of
reporting responsibility, the recipient of the
appropriation must: (1) inform the person to
whom the responsibility is transferred of that
person's reporting responsibility; (2) inform
the person to whom the responsibility is
transferred of the property restrictions under
subdivision 13; (3) provide written notice
to the council of the transfer of reporting
responsibility, including contact information
for the person to whom the responsibility is
transferred; and (4) provide the Lessard-Sams
Outdoor Heritage Council or its successor
written documentation from the person or
entity holding the interest in real property
certifying its acceptance of all reporting
obligations and responsibilities previously
held by the recipient of the appropriation.
After the transfer, the person or entity that
holds the interest in the real property is
responsible for reporting requirements under
this section.
new text end