Minnesota Session Laws - 2010, Regular Session

CHAPTER 362--H.F.No. 2624

An act

relating to state government; appropriating money for environment and natural resources; requiring approval for acquisition of certain lands to be conveyed to the state;

proposing coding for new law in Minnesota Statutes, chapter 116P.

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

Section 1. new text begin MINNESOTA RESOURCES APPROPRIATION. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this act. The appropriations are from the environment and natural resources trust fund, or another named 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. Appropriations for fiscal year 2010 are available the day following final enactment. new text end

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

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

new text begin Subdivision 1. new text end new text begin Total Appropriations new text end

new text begin $ new text end

new text begin 418,000 new text end

new text begin $ new text end

new text begin 25,622,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin Environment and natural resources trust fund new text end	new text begin 418,000 new text end	new text begin 25,622,000 new text end

new text begin Appropriations are available for two years beginning July 1, 2010, unless otherwise stated in the appropriation. Any unencumbered balance remaining in the first year does not cancel and is available for the second year. new text end

new text begin Subd. 2. new text end new text begin Trust Fund Definition new text end

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

new text begin Subd. 3. new text end new text begin Natural Resource Data and Information new text end

new text begin -0- new text end

new text begin 4,920,000 new text end

new text begin (a) County Geologic Atlases and Related Hydrogeologic Research new text end

new text begin $1,130,000 is from the trust fund to the Board of Regents of the University of Minnesota for the Geologic Survey to initiate and continue the production of county geologic atlases, establish hydrologic properties necessary to water management, and investigate the use of geochemical data in water management. This appropriation represents a continuing effort to complete the county geologic atlases throughout the state. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (b) Updating Minnesota Wetlands Inventory: Phase 2 new text end

new text begin $1,100,000 is from the trust fund to the commissioner of natural resources to continue the update of wetland inventory maps for Minnesota. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

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

new text begin $372,000 is from the trust fund to continue development of a statewide survey of Minnesota breeding bird distribution and create related publications, including a book and online atlas with distribution maps and breeding status. Of this appropriation, $211,000 is to the commissioner of natural resources for an agreement with Audubon Minnesota and $161,000 is to the Board of Regents of the University of Minnesota for the Natural Resources Research Institute. The atlas must be available for downloading on the Internet free of charge. new text end

new text begin (d) Integrated, Operational Bird Conservation Plan for Minnesota new text end

new text begin $151,000 is from the trust fund to the commissioner of natural resources for an agreement with Audubon Minnesota to develop an integrated bird conservation plan targeting priority species and providing a framework for implementing coordinated, focused, and effective bird conservation throughout Minnesota. new text end

new text begin (e) Mitigating Pollinator Decline in Minnesota new text end

new text begin $297,000 is from the trust fund to the Board of Regents of the University of Minnesota to assess the role of insecticides in pollinator health in order to help mitigate pollinator decline. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (f) Science and Innovation from Soudan Underground Mine State Park new text end

new text begin $545,000 is from the trust fund to the Board of Regents of the University of Minnesota to characterize unique microbes discovered in the Soudan Underground Mine State Park and investigate the potential application in bioenergy and bioremediation. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (g) Quantifying Carbon Burial in Wetlands new text end

new text begin $144,000 is from the trust fund to the Board of Regents of the University of Minnesota to determine the potential for carbon sequestration in Minnesota's shallow lakes and wetlands. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (h) Strategic Planning for Minnesota's Natural and Artificial Watersheds new text end

new text begin $327,000 is from the trust fund to the Board of Regents of the University of Minnesota to identify the interrelationship between artificial systems of drain tiles and ditches and natural watersheds to guide placement of buffers and stream bed restoration and modification. new text end

new text begin (i) Ecosystem Services in Agricultural Watersheds new text end

new text begin $247,000 is from the trust fund to the commissioner of natural resources for an agreement with the Chippewa River Watershed Project to develop local food and perennial biofuels markets coupled with conservation incentives to encourage farmers to diversify land cover in the Chippewa River Watershed supporting improvement to water quality and habitat. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (j) Farmland Conservation in Minnesota new text end

new text begin $100,000 is from the trust fund to the commissioner of natural resources for an agreement with the Farmers Legal Action Group, Inc. to assess the implementation of applicable laws for preserving agricultural land and develop a comprehensive and systematic approach and policy tools to preserve agricultural lands. new text end

new text begin (k) Identifying Critical Habitats for Moose in Northeastern Minnesota new text end

new text begin $507,000 is from the trust fund to the Board of Regents of the University of Minnesota for the Natural Resources Research Institute to identify critical habitats for moose, develop best management habitat protection practices, and conduct educational outreach in cooperation with the Minnesota Zoo. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin Subd. 4. new text end new text begin Land, Habitat, and Recreation new text end

new text begin 418,000 new text end

new text begin 9,773,000 new text end

new text begin (a) Ecological Restoration Training Cooperative for Habitat Restoration new text end

new text begin $550,000 is from the trust fund to the Board of Regents of the University of Minnesota for improving ecological restoration success in Minnesota by developing and offering training programs for habitat restoration professionals. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (b) Scientific and Natural Areas and Native Prairie Restoration, Enhancement, and Acquisition new text end

new text begin $1,750,000 is from the trust fund to the commissioner of natural resources to acquire lands with high quality native plant communities and rare features to be established as scientific and natural areas as provided in Minnesota Statutes, section 86A.05, subdivision 5, restore parts of scientific and natural areas, and provide assistance and incentives for native prairie landowners. A list of proposed acquisitions must be provided as part of the required work program. Land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards as determined by the commissioner of natural resources. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (c) State Park Improvements new text end

new text begin $567,000 is from the trust fund to the commissioner of natural resources for state park capital improvements and natural resource restoration. Of this amount, $250,000 is for solar energy installations in state parks and the remaining amount shall be used for park and campground restoration and improvements. Priority shall be for projects that address existing threats to public water resources. On July 1, 2010, the unobligated balance, estimated to be $200,000, of the appropriation for clean energy resource teams and community wind energy rebates in Laws 2005, First Special Session chapter 1, article 2, section 11, subdivision 10, paragraph (a), as amended by Laws 2006, chapter 243, section 15, and extended by Laws 2009, chapter 143, section 2, subdivision 16, is transferred and added to this appropriation. On July 1, 2010, the $47,000 appropriated in Laws 2009, chapter 143, section 2, subdivision 6, paragraph (f), for native plant biodiversity, invasive plant species, and invertebrates is transferred and added to this appropriation. new text end

new text begin (d) State Park Land Acquisition new text end

new text begin $1,750,000 is from the trust fund to the commissioner of natural resources to acquire and preserve critical parcels within the statutory boundaries of state parks. Land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards as determined by the commissioner of natural resources. A list of proposed acquisitions must be provided as part of the required work program. new text end

new text begin (e) Protection of Rare Granite Rock Outcrop Ecosystem new text end

new text begin $1,800,000 is from the trust fund to the Board of Water and Soil Resources, in cooperation with the Renville Soil and Water Conservation District, to continue to acquire perpetual easements of unique granite rock outcrops, located in the Upper Minnesota River Valley. $418,000 of this appropriation is for fiscal year 2010 and is available the day following final enactment. new text end

new text begin (f) Minnesota's Habitat Conservation Partnership Supplemental new text end

new text begin $1,344,000 is added to Laws 2009, chapter 143, section 2, subdivision 4, paragraph (e), from the trust fund for the acceleration of agency programs and cooperative agreements. Of this appropriation, $308,000 is to the commissioner of natural resources for agency programs and $1,036,000 is for agreements as follows: $425,000 with Ducks Unlimited, Inc.; $50,000 with National Wild Turkey Federation; $164,000 with the Nature Conservancy; $102,000 with Minnesota Land Trust; $200,000 with the Trust for Public Land; $45,000 with Friends of Detroit Lakes Wetland Management District; and $50,000 to the Leech Lake Band of Ojibwe to plan, restore, and acquire fragmented landscape corridors that connect areas of quality habitat to sustain fish, wildlife, and plants. The United States Department of Agriculture Natural Resources Conservation Service is an authorized cooperating partner in the appropriation. Expenditures are limited to the project corridor areas as defined in the work program. Land acquired with this appropriation must be sufficiently improved to meet at least minimum habitat and facility management standards as determined by the commissioner of natural resources. This appropriation may not be used for the purchase of residential structures, unless expressly approved in the work program. All conservation easements must be perpetual and have a natural resource management plan. Any land acquired in fee title by the commissioner of natural resources with money from this appropriation must be designated as an outdoor recreation unit under Minnesota Statutes, section 86A.07. The commissioner may similarly designate any lands acquired in less than fee title. A list of proposed restorations and fee title and easement acquisitions must be provided as part of the required work program. All funding for conservation easements must include a long-term stewardship plan and funding for monitoring and enforcing the agreement. new text end

new text begin (g) Metropolitan Conservation Corridors Supplemental new text end

new text begin $1,750,000 is added to Laws 2009, chapter 143, section 2, subdivision 4, paragraph (f), from the trust fund to the commissioner of natural resources for acceleration of agency programs and cooperative agreements. Of this appropriation, $1,750,000 is for agreements as follows: $890,000 with the Trust for Public Land; $485,000 with Minnesota Land Trust; $325,000 with Minnesota Valley National Wildlife Refuge Trust, Inc.; and $50,000 with Friends of the Minnesota Valley for planning, restoring, and protecting important natural areas in the metropolitan area, as defined under Minnesota Statutes, section 473.121, subdivision 2, and portions of the surrounding counties, through grants, contracted services, technical assistance, conservation easements, and fee title acquisition. Land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards as determined by the commissioner of natural resources. Expenditures are limited to the identified project corridor areas as defined in the work program. This appropriation may not be used for the purchase of residential structures, unless expressly approved in the work program. All conservation easements must be perpetual and have a natural resource management plan. Any land acquired in fee title by the commissioner of natural resources with money from this appropriation must be designated as an outdoor recreation unit under Minnesota Statutes, section 86A.07. The commissioner may similarly designate any lands acquired in less than fee title. A list of proposed restorations and fee title and easement acquisitions must be provided as part of the required work program. All funding for conservation easements must include a long-term stewardship plan and funding for monitoring and enforcing the agreement. new text end

new text begin (h) Conserving Sensitive and Priority Shorelands in Cass County new text end

new text begin $300,000 is from the trust fund to the commissioner of natural resources for an agreement with Cass County to provide assistance for the donation of perpetual conservation easements to protect sensitive shoreland parcels for long-term protection of recreation, water quality, and critical habitat in north central Minnesota. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (i) Reconnecting Fragmented Prairie Landscapes new text end

new text begin $380,000 is from the trust fund to the commissioner of natural resources for an agreement with the Nature Conservancy to develop prairie landscape design plans and monitoring protocol involving local landowners and businesses to guide conservation, restoration, and related economic development. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin Subd. 5. new text end new text begin Water Resources new text end

new text begin -0- new text end

new text begin 3,455,000 new text end

new text begin (a) new text end new text begin Understanding Sources of Aquatic Contaminants of Emerging Concern new text end

new text begin $640,000 is from the trust fund to the Board of Regents of the University of Minnesota to identify chemical markers to characterize sources of endocrine disruptors and pharmaceuticals entering surface waters in the Zumbro River Watershed. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (b) Managing Mineland Sulfate Release in St. Louis River Basin new text end

new text begin $270,000 is from the trust fund to the commissioner of natural resources to map current sulfate sources and assess treatment options to minimize potential impacts of mercury on fish and wildlife from sulfate releases in the St. Louis River Basin. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (c) Ecological Impacts of Effluent in Surface Waters and Fish new text end

new text begin $340,000 is from the trust fund to the Board of Regents of the University of Minnesota in cooperation with St. Cloud State University to determine the chemical and biological fate of phytoestrogens in surface waters and the impacts on fish. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (d) Agricultural and Urban Runoff Water Quality Treatment Analysis new text end

new text begin $485,000 is from the trust fund to the Board of Water and Soil Resources for an agreement with the Blue Earth County Drainage Authority to reduce soil erosion, peak water flows, and nutrient loading through a demonstration model evaluating storage and treatment options in drainage systems in order to improve water quality. This appropriation is available until June 30, 2014, by which time the project must be completed and final products delivered. new text end

new text begin (e) Assessing Septic System Discharge to Lakes new text end

new text begin $594,000 is from the trust fund to the commissioner of health for department activities and for an agreement with the United States Geologic Survey in cooperation with St. Cloud State University to develop quantitative data on septic system discharge of estrogenic and pharmaceutical compounds and assess septic and watershed influences on levels of contamination and biological responses in Minnesota lakes. The United States Geologic Survey is not subject to the requirements in Minnesota Statutes, section 116P.10. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (f) Evaluation of Dioxins in Minnesota Lakes new text end

new text begin $264,000 is from the trust fund to the Board of Regents of the University of Minnesota to examine the concentration of dioxins in lake sediment and options to improve water quality in lakes. new text end

new text begin (g) Assessment of Shallow Lake Management new text end

new text begin $262,000 is from the trust fund to the commissioner of natural resources to evaluate the major causes of deterioration of shallow lakes in Minnesota and evaluate results of current management efforts. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (h) Assessing Cumulative Impacts of Shoreline Development new text end

new text begin $300,000 is from the trust fund to the Board of Regents of the University of Minnesota to evaluate near-shore, in-water habitat impacts from shoreline development activities to assist in the design and implementation of management practices protecting critical shorelands and aquatic habitat. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (i) new text end new text begin Trout Stream Assessments new text end

new text begin $300,000 is from the trust fund to the Board of Regents of the University of Minnesota to assess cold water aquatic insect abundance related to warming water temperatures as predictors of trout growth in southeastern Minnesota and assess options to minimize stream temperature changes. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin Subd. 6. new text end new text begin Aquatic and Terrestrial Invasive Species new text end

new text begin -0- new text end

new text begin 1,470,000 new text end

new text begin (a) Biological Control of European Buckthorn and Garlic Mustard new text end

new text begin $300,000 is from the trust fund to the commissioner of natural resources in cooperation with the commissioner of agriculture to continue the development and implementation of biological control for European buckthorn and garlic mustard. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (b) Ecological and Hydrological Impacts of Emerald Ash Borer new text end

new text begin $636,000 is from the trust fund to the Board of Regents of the University of Minnesota to assess the potential impacts of emerald ash borer on Minnesota's black ash forests and quantify potential impacts on native forest vegetation, invasive species spread, and hydrology. This appropriation is available until June 30, 2015, by which time the project must be completed and final products delivered. new text end

new text begin (c) Healthy Forests to Resist Invasion new text end

new text begin $359,000 is from the trust fund to the Board of Regents of the University of Minnesota to assess the role of forest health management in resisting infestation of invasive species. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (d) Bioacoustic Traps for Management of Round Goby new text end

new text begin $175,000 is from the trust fund to the Board of Regents of the University of Minnesota to evaluate bioacoustic technology specific to invasive round goby in Lake Superior as a method for early detection and population reduction. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin Subd. 7. new text end new text begin Renewable Energy new text end

new text begin -0- new text end

new text begin 3,364,000 new text end

new text begin (a) Algae for Fuels Pilot Project new text end

new text begin $900,000 is from the trust fund to the Board of Regents of the University of Minnesota to demonstrate an innovative microalgae production system utilizing and treating sanitary wastewater to produce biofuels from algae. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (b) new text end new text begin Sustainable Biofuels new text end

new text begin $221,000 is from the trust fund to the Board of Regents of the University of Minnesota to determine how fertilization and irrigation impact yields of grass monoculture and high diversity prairie biofuel crops, their storage of soil carbon, and susceptibility to invasion by exotic species. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (c) Linking Habitat Restoration to Bioenergy and Local Economies new text end

new text begin $600,000 is from the trust fund to the commissioner of natural resources to restore high quality native habitats and expand market opportunities for utilizing postharvest restoration as a bioenergy source. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (d) Demonstrating Sustainable Energy Practices at Residential Environmental Learning Centers (RELCs) new text end

new text begin $1,500,000 is from the trust fund to the commissioner of natural resources for agreements as follows: $206,000 with Audubon Center of the North Woods; $212,000 with Deep Portage Learning Center; $350,000 with Eagle Bluff Environmental Learning Center; $258,000 with Laurentian Environmental Learning Center; $240,000 with Long Lake Conservation Center; and $234,000 with Wolf Ridge Environmental Learning Center to implement renewable energy, energy efficiency, and energy conservation practices at the facilities. Efforts will include dissemination of related energy education. new text end

new text begin (e) new text end new text begin Analysis of Options for Minnesota Energy Independence new text end

new text begin $143,000 is from the trust fund to the Board of Regents of the University of Minnesota for a life cycle analysis of low carbon energy technologies available to implement in Minnesota. new text end * (The preceding paragraph (e) beginning "Analysis of Options for Minnesota Energy Independence" was indicated as vetoed by the governor.)

new text begin Subd. 8. new text end new text begin Environmental Education new text end

new text begin -0- new text end

new text begin 2,640,000 new text end

new text begin (a) new text end new text begin Minnesota Conservation Apprenticeship Academy new text end

new text begin $368,000 is from the trust fund to the Board of Water and Soil Resources in cooperation with the Minnesota Conservation Corps or its successor to train and mentor future conservation professionals by providing apprenticeship service opportunities to soil and water conservation districts. This appropriation is available until June 30, 2013, by which time the project must be completed and the final products delivered. new text end

new text begin (b) Engaging Students in Environmental Stewardship through Adventure Learning new text end

new text begin $250,000 is from the trust fund to the commissioner of natural resources for an agreement with the Will Steger Foundation to provide curriculum, teacher training, online learning, and grants to schools on investigating the connection between Minnesota's changing climate and the impacts on ecosystems and natural resources. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (c) new text end new text begin Connecting Youth with Nature new text end

new text begin $160,000 is from the trust fund to the commissioner of natural resources to hold teacher training workshops on the use of digital photography as a tool for learning about nature. The equipment must be provided from other funds. new text end

new text begin (d) Urban Wilderness Youth Outdoor Education new text end

new text begin $557,000 is from the trust fund to the commissioner of natural resources for an agreement with Wilderness Inquiry to provide an outdoor education and recreation program on the Mississippi River. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (e) new text end new text begin Get Outside - Urban Woodland for Kids new text end

new text begin $218,000 is from the trust fund to the commissioner of natural resources for an agreement with the city of St. Paul, Department of Parks and Recreation, to restore and develop an outdoor classroom for ecological education and historical interpretation at Como Regional Park in St. Paul. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (f) Expanding Outdoor Classrooms at Minnesota Schools new text end

new text begin $300,000 is from the trust fund to the commissioner of natural resources to establish additional and enhance existing outdoor school forest and prairie classroom networks throughout Minnesota. new text end

new text begin (g) Integrating Environmental and Outdoor Education in Grades 7-12 new text end

new text begin $300,000 is from the trust fund to the commissioner of education in cooperation with the commissioner of natural resources to train and support grade 7-12 teachers to integrate environmental and outdoor education into the instruction of academic standards. new text end

new text begin (h) Project Get Outdoors new text end

new text begin $15,000 is from the trust fund to the commissioner of natural resources for an agreement with Project Get Outdoors, Inc. to develop out of school programs connecting children to local nature experiences. new text end

new text begin (i) Fishing: Cross Cultural Gateway to Environmental Education new text end

new text begin $155,000 is from the trust fund to the commissioner of natural resources for an agreement with the Association for the Advancement of Hmong Women in Minnesota to provide environmental information and teaching skills to and increase participation of Southeast Asian communities through the gateway of fishing skills. Information on mercury in fish advisories must be included as part of the educational outreach. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (j) Minnesota WolfLink new text end

new text begin $193,000 is from the trust fund to the commissioner of natural resources for an agreement with the International Wolf Center to develop interactive on-site and distance learning about wolves and their habitat. This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered. new text end

new text begin (k) Online Field Trip of Minnesota River new text end

new text begin $124,000 is from the trust fund to the commissioner of natural resources for an agreement with Minnesota State University - Mankato to develop online educational materials on the Minnesota River for schools and outreach centers. new text end

new text begin Subd. 9. new text end new text begin Availability of Appropriations new text end

new text begin Money appropriated in this section may not be spent on activities unless they are directly related to the specific appropriation and are specified in the approved work program. 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, 2012, when projects must be completed and final products delivered. For acquisition of real property, the amounts in this section are available until June 30, 2013, if a binding contract is entered into by June 30, 2012, and closed not later than June 30, 2013. If a project receives a federal grant, the time period of the appropriation is extended to equal the federal grant period. new text end

new text begin Subd. 10. new text end new text begin Data Availability Requirements new text end

new text begin Data collected by the projects funded under this section must conform to guidelines and standards adopted by the Office of Enterprise Technology. Spatial data also must conform to additional guidelines and standards designed to support data coordination and distribution that have been published by the Minnesota Geospatial Information Office. Descriptions of spatial data must be prepared as specified in the state's geographic metadata guideline and must be submitted to the Minnesota Geospatial Information Office. All data must be accessible and free to the public unless made private under the Data Practices Act, Minnesota Statutes, chapter 13. new text end

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

new text begin Subd. 11. new text end new text begin Project Requirements new text end

new text begin (a) As a condition of accepting an appropriation under this section, any agency or entity receiving an appropriation must comply with paragraphs (b) to (h) and Minnesota Statutes, chapter 116P, 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 under this section must plant vegetation only of ecotypes native to Minnesota and preferably of the local ecotype using a high diversity of species originating as close to the restoration site as possible and, when restoring prairies, protect existing prairies from genetic contamination. Use of seeds and plant materials beyond these requirements must be expressly approved in the work program. new text end

new text begin (c) All conservation easements acquired with money appropriated under this section must: new text end

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

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

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

new text begin (4) be sent to the office of the Legislative-Citizen Commission on Minnesota Resources in an electronic format; new text end

new text begin (5) include a long-term stewardship plan and funding for monitoring and enforcing the easement agreement; and new text end

new text begin (6) include requirements in the easement document to address specific water quality protection activities such as keeping water on the landscape, reducing nutrient and contaminate loading, protecting groundwater, and not permitting artificial hydrological modifications. new text end

new text begin (d) For all restorations conducted with money appropriated under this section, a recipient must prepare 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 must include the proposed timetable for implementing the restoration, including 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 take advantage of the best available science and include innovative techniques to achieve the best restoration. new text end

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

new text begin (f) For any acquisition of land or interest in land, a recipient of money appropriated under this section must give priority to high quality natural resources or conservation lands that provide natural buffers to water resources. new text end

new text begin (g) To ensure public accountability for the use of public funds, a recipient of money appropriated under this section must provide to the Legislative-Citizen Commission on Minnesota Resources documentation of the selection process used to identify parcels acquired and provide documentation of all related transaction costs, including but not limited to appraisals, legal fees, recording fees, commissions, other similar costs, and donations. This information must be provided for all parties involved in the transaction. The recipient must also report to the Legislative-Citizen Commission on Minnesota Resources any difference between the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal, 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. The Legislative-Citizen Commission on Minnesota Resources shall review the requirement in this paragraph and provide a recommendation whether to continue or modify the requirement in future years. The commission may waive the application of this paragraph for specific projects. new text end

new text begin (h) A recipient of money from an appropriation under this section must give consideration to contracting with the Minnesota Conservation Corps or its successor for contract restoration and enhancement services. new text end

new text begin Subd. 12. new text end new text begin Payment Conditions and Capital Equipment Expenditures new text end

new text begin All agreements, grants, or contracts referred to in this section must be administered on a reimbursement basis unless otherwise provided in this section. Notwithstanding Minnesota Statutes, section 16A.41, expenditures made on or after July 1, 2010, or the date the work program is approved, whichever is later, are eligible for reimbursement unless otherwise provided in this section. Periodic payment must be made upon receiving documentation that the deliverable items articulated in the approved work program have been achieved, including partial achievements as evidenced by approved progress reports. Reasonable amounts may be advanced to projects to accommodate cash flow needs or match federal money. The advances must be approved as part of the work program. No expenditures for capital equipment are allowed unless expressly authorized in the project work program. new text end

new text begin Subd. 13. 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 under 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. 14. new text end new text begin Energy Conservation and Sustainable Building Guidelines new text end

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

new text begin Subd. 15. 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. 16. new text end new text begin Carryforward new text end

new text begin (a) The availability of the appropriation for the following projects is extended to June 30, 2013: Laws 2009, chapter 143, section 2, subdivision 4, paragraph (j), Land and Water Conservation Account (LAWCON) Federal Reimbursements; subdivision 5, paragraph (b), Vulnerability of Fish Populations in Lakes to Endocrine Disrupting Contaminants; and subdivision 6, paragraph (b), Emergency Delivery System Development for Disinfecting Ballast Water. new text end

new text begin (b) The availability of the appropriations transferred in subdivision 4, paragraph (c), is extended to June 30, 2012. new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 16, paragraph (b), is effective the day following final enactment. new text end

Sec. 3.

new text begin [116P.17] ACQUISITION OF LANDS TO BE CONVEYED TO THE STATE; COMMISSIONER APPROVAL. new text end

new text begin (a) A recipient of an appropriation from the trust fund who acquires an interest in real property must receive written approval from the commissioner of natural resources prior to the acquisition, if the interest: new text end

new text begin (1) is acquired in whole or in part with the appropriation; and new text end

new text begin (2) will be conveyed to the state for management by the commissioner. new text end

new text begin (b) The commissioner shall approve acquisitions under this section only when the interest in real property: new text end

new text begin (1) is identified as a high priority by the commissioner; or new text end

new text begin (2) meets the objectives and criteria identified in the applicable acquisition plan for the intended management status of the property. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to appropriations made in fiscal year 2011 and thereafter. new text end

Presented to the governor May 12, 2010

Signed by the governor May 14, 2010, 10:11 p.m.