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Key: (1) language to be deleted (2) new language

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.

MINNESOTA RESOURCES APPROPRIATION.

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.

APPROPRIATIONS
Available for the Year
Ending June 30
2010 2011

Sec. 2.

MINNESOTA RESOURCES.

Subdivision 1.

Total Appropriations

$ 418,000 $ 25,622,000
Appropriations by Fund
2010 2011
Environment and natural resources trust fund 418,000 25,622,000

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.

Subd. 2.

Trust Fund Definition

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

Subd. 3.

Natural Resource Data and Information

-0- 4,920,000
(a) County Geologic Atlases and Related Hydrogeologic Research

$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.

(b) Updating Minnesota Wetlands Inventory: Phase 2

$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.

(c) Minnesota Breeding Bird Atlas

$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.

(d) Integrated, Operational Bird Conservation Plan for Minnesota

$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.

(e) Mitigating Pollinator Decline in Minnesota

$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.

(f) Science and Innovation from Soudan Underground Mine State Park

$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.

(g) Quantifying Carbon Burial in Wetlands

$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.

(h) Strategic Planning for Minnesota's Natural and Artificial Watersheds

$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.

(i) Ecosystem Services in Agricultural Watersheds

$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.

(j) Farmland Conservation in Minnesota

$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.

(k) Identifying Critical Habitats for Moose in Northeastern Minnesota

$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.

Subd. 4.

Land, Habitat, and Recreation

418,000 9,773,000
(a) Ecological Restoration Training Cooperative for Habitat Restoration

$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.

(b) Scientific and Natural Areas and Native Prairie Restoration, Enhancement, and Acquisition

$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.

(c) State Park Improvements

$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.

(d) State Park Land Acquisition

$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.

(e) Protection of Rare Granite Rock Outcrop Ecosystem

$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.

(f) Minnesota's Habitat Conservation Partnership Supplemental

$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.

(g) Metropolitan Conservation Corridors Supplemental

$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.

(h) Conserving Sensitive and Priority Shorelands in Cass County

$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.

(i) Reconnecting Fragmented Prairie Landscapes

$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.

Subd. 5.

Water Resources

-0- 3,455,000
(a) Understanding Sources of Aquatic Contaminants of Emerging Concern

$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.

(b) Managing Mineland Sulfate Release in St. Louis River Basin

$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.

(c) Ecological Impacts of Effluent in Surface Waters and Fish

$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.

(d) Agricultural and Urban Runoff Water Quality Treatment Analysis

$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.

(e) Assessing Septic System Discharge to Lakes

$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.

(f) Evaluation of Dioxins in Minnesota Lakes

$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.

(g) Assessment of Shallow Lake Management

$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.

(h) Assessing Cumulative Impacts of Shoreline Development

$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.

(i) Trout Stream Assessments

$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.

Subd. 6.

Aquatic and Terrestrial Invasive Species

-0- 1,470,000
(a) Biological Control of European Buckthorn and Garlic Mustard

$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.

(b) Ecological and Hydrological Impacts of Emerald Ash Borer

$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.

(c) Healthy Forests to Resist Invasion

$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.

(d) Bioacoustic Traps for Management of Round Goby

$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.

Subd. 7.

Renewable Energy

-0- 3,364,000
(a) Algae for Fuels Pilot Project

$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.

(b) Sustainable Biofuels

$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.

(c) Linking Habitat Restoration to Bioenergy and Local Economies

$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.

(d) Demonstrating Sustainable Energy Practices at Residential Environmental Learning Centers (RELCs)

$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.

(e) Analysis of Options for Minnesota Energy Independence

$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. * (The preceding paragraph (e) beginning "Analysis of Options for Minnesota Energy Independence" was indicated as vetoed by the governor.)

Subd. 8.

Environmental Education

-0- 2,640,000
(a) Minnesota Conservation Apprenticeship Academy

$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.

(b) Engaging Students in Environmental Stewardship through Adventure Learning

$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.

(c) Connecting Youth with Nature

$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.

(d) Urban Wilderness Youth Outdoor Education

$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.

(e) Get Outside - Urban Woodland for Kids

$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.

(f) Expanding Outdoor Classrooms at Minnesota Schools

$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.

(g) Integrating Environmental and Outdoor Education in Grades 7-12

$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.

(h) Project Get Outdoors

$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.

(i) Fishing: Cross Cultural Gateway to Environmental Education

$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.

(j) Minnesota WolfLink

$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.

(k) Online Field Trip of Minnesota River

$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.

Subd. 9.

Availability of Appropriations

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.

Subd. 10.

Data Availability Requirements

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.

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.

Subd. 11.

Project Requirements

(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.

(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.

(c) All conservation easements acquired with money appropriated under this section must:

(1) be perpetual;

(2) specify the parties to an easement in the easement;

(3) specify all of the provisions of an agreement that are perpetual;

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

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

(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.

(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.

(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.

(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.

(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.

(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.

Subd. 12.

Payment Conditions and Capital Equipment Expenditures

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.

Subd. 13.

Purchase of Recycled and Recyclable Materials

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.

Subd. 14.

Energy Conservation and Sustainable Building Guidelines

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.

Subd. 15.

Accessibility

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

Subd. 16.

Carryforward

(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.

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

EFFECTIVE DATE.

Subdivision 16, paragraph (b), is effective the day following final enactment.

Sec. 3.

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

(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:

(1) is acquired in whole or in part with the appropriation; and

(2) will be conveyed to the state for management by the commissioner.

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

(1) is identified as a high priority by the commissioner; or

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

EFFECTIVE DATE.

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

Presented to the governor May 12, 2010

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

Official Publication of the State of Minnesota
Revisor of Statutes