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CHAPTER 172--H.F.No. 1231
An act
relating to state government; appropriating money from constitutionally
dedicated funds and providing for policy and governance of outdoor heritage,
clean water, parks and trails, and arts and cultural heritage purposes; establishing
and modifying grants and funding programs; providing for advisory groups;
providing appointments; requiring reports; requiring rulemaking; amending
Minnesota Statutes 2008, sections 3.303, by adding a subdivision; 84.02,
by adding subdivisions; 84.66, subdivision 2; 85.53; 97A.056, subdivisions
2, 3, 6, 7; 103F.505; 103F.511, subdivisions 5, 8a, by adding a subdivision;
103F.515, subdivisions 1, 2, 4, 5, 6; 103F.521, subdivision 1; 103F.525;
103F.526; 103F.531; 103F.535, subdivision 5; 114D.50; 116G.15; 129D.17;
proposing coding for new law in Minnesota Statutes, chapters 3; 84; 85; 116;
129D; repealing Minnesota Statutes 2008, sections 103B.101, subdivision
11; 103F.511, subdivision 4; 103F.521, subdivision 2; Minnesota Rules,
parts 8400.3130; 8400.3160; 8400.3200; 8400.3230; 8400.3330; 8400.3360;
8400.3390; 8400.3500; 8400.3530; 8400.3560.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1
OUTDOOR HERITAGE FUND


Section 1. OUTDOOR HERITAGE APPROPRIATION.
The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. 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 article 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 article are onetime.

APPROPRIATIONS

Available for the Year

Ending June 30

2010
2011


Sec. 2. OUTDOOR HERITAGE

Subdivision 1.Total Appropriation
$
69,532,000
$
18,000,000
This appropriation is from the outdoor
heritage fund.
The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.Prairies
14,213,000
-0-


(a) Accelerated Prairie and Grassland
Management
$1,700,000 in fiscal year 2010 is to the
commissioner of natural resources to
accelerate the restoration and enhancement
of native prairie vegetation on public
lands, including roadsides. A list of
proposed projects, describing the types and
locations of restorations and enhancements,
must be provided as part of the required
accomplishment plan. To the extent possible,
prairie restorations conducted 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 from genetic
contamination.

(b) Green Corridor Legacy Program
$1,617,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with the Southwest Initiative
Foundation or successor to acquire land
for purposes allowed under the Minnesota
Constitution, article XI, section 15, in
Redwood County 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. No more than five
percent of this appropriation may be spent on
professional services directly related to this
appropriation's purposes.


(c) Prairie Heritage Fund – Acquisition and
Restoration
$3,000,000 in fiscal year 2010 is to the
commissioner of natural resources for
an agreement with Pheasants Forever or
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. To
the extent possible, prairie restorations
conducted 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 from genetic
contamination.


(d) Accelerated Prairie Grassland Wildlife
Management Area Acquisition
$3,913,000 in fiscal year 2010 is to the
commissioner of natural resources to
acquire land for wildlife management areas
with native prairie or grassland habitats.
A list of proposed fee title acquisitions
must be provided as part of the required
accomplishment plan.


(e) Northern Tall Grass Prairie National
Wildlife Refuge Protection
$1,583,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with the United States Fish
and Wildlife Service to acquire land or
permanent easements within the Northern
Tall Grass Prairie Habitat Preservation Area
in western Minnesota. The commissioner
may advance funds to the United States Fish
and Wildlife Service. 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.

(f) Bluffland Prairie Protection Initiative
$500,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with the Minnesota Land Trust or
successor to acquire permanent easements
protecting critical prairie and grassland
habitats in the blufflands in southeastern
Minnesota. A list of proposed fee title
and permanent easement acquisitions
must be provided as part of the required
accomplishment plan.

(g) Rum River – Cedar Creek Initiative
$1,900,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with Anoka County to acquire
land at the confluence of the Rum River and
Cedar Creek in Anoka County. Acquired
land 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.
This is the first of two planned appropriations
for this acquisition.

Subd. 3.Forests
18,000,000
18,000,000
$18,000,000 in fiscal year 2010 and
$18,000,000 in fiscal year 2011 are to the
commissioner of natural resources to acquire
land or permanent working forest easements
on private forests in areas identified through
the Minnesota forests for the future program
under Minnesota Statutes, section 84.66.
Priority must be given to acquiring land
or interests in private lands within existing
Minnesota state forest boundaries. Any
easements acquired must have a forest
management plan as defined in Minnesota
Statutes, section 290C.02, subdivision 7.
A list of proposed fee title and easement
acquisitions must be provided as part of the
required accomplishment plan. The fiscal
year 2011 appropriation is available only for
acquisitions that, by August 15, 2009, are:
(1) subject to a binding agreement with the
commissioner; and
(2) matched by at least $9,000,000 in private
donations.

Subd. 4.Wetlands
20,536,000
-0-


(a) Accelerated Wildlife Management Area
Acquisition
$2,900,000 in fiscal year 2010 is to the
commissioner of natural resources to
acquire land for wildlife management areas.
A list of proposed fee title acquisitions
must be provided as part of the required
accomplishment plan.


(b) Accelerated Shallow Lake Restorations and
Enhancements
$2,528,000 in fiscal year 2010 is to the
commissioner of natural resources for
an agreement with Ducks Unlimited,
Inc. or successor to restore and enhance
shallow lake habitats. Up to $400,000
of this appropriation may be used for
permanent easements related to shallow
lake restorations and enhancements. A
list of proposed easements and projects,
describing the types and locations of
easements, restorations, and enhancements,
must be provided as part of the required
accomplishment plan. The commissioner
of natural resources must agree to each
easement, restoration, and enhancement.


(c) Accelerate the Waterfowl Production Area
Program in Minnesota
$5,600,000 in fiscal year 2010 is to the
commissioner of natural resources for
an agreement with Pheasants Forever or
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 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.


(d) Reinvest in Minnesota Wetlands Reserve
Program Acquisition and Restoration
$9,058,000 in fiscal year 2010 is to the Board
of Water and Soil Resources to acquire
permanent 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.

(e) Shallow Lake Critical Shoreland
$450,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with Ducks Unlimited, Inc. or
successor to protect habitat by acquiring
land associated with shallow lakes. 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.

Subd. 5.Fish, Game, and Wildlife Habitat
13,903,000
-0-


(a) Outdoor Heritage Conservation Partners
Grant Program
$4,000,000 in fiscal year 2010 is to the
commissioner of natural resources for a pilot
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. Up to 6-1/2 percent of this
appropriation may be used for administering
the grant. The funds may be advanced in
three equal sums, on or after November
1, 2009, February 1, 2010, and April 1,
2010. Grantees may protect land through
acquisition of 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 match of at least $1 nonstate funds
to $10 state funds. The nonstate dollars
match may be in-kind. The criteria for
evaluating grant applications must include
amount of habitat restored, enhanced,
or protected; local support; degree of
collaboration; urgency; 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 state 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.
To the extent possible, a person conducting
prairie restorations 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 from genetic
contamination. Subdivision 10 applies to
grants awarded under this paragraph. This
appropriation is available until June 30,
2013, at which time all grant projects must
be completed and final products delivered,
unless an earlier date is specified in the grant
agreement. No less than 15 percent of the
amount of each grant must be held back from
reimbursement until the grant recipient has
completed a grant accomplishment report in
the form prescribed by and satisfactory to the
Lessard Outdoor Heritage Council.
As a condition of proceeding with this
appropriation, the commissioner shall report
on the feasibility, process, and timeline for
creation of a Minnesota fish and wildlife
foundation, to be modeled after the National
Fish and Wildlife Foundation, and on the
possibility of allowing for the administration
by this entity of the conservation partners
grant program.
The legislative guide created in this act
shall consider whether this program should
be administered by the National Fish and
Wildlife Foundation, the commissioner of
natural resources, or some neutral third party.

(b) Aquatic Management Area Acquisition
$5,748,000 in fiscal year 2010 is to the
commissioner of natural resources to acquire
land in fee title and easement to be added to
the state aquatic management area system.
Acquired land 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 must be provided as
part of the required accomplishment plan.


(c) Cold Water River and Stream Restoration,
Protection, and Enhancement
$2,050,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with Trout Unlimited or 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.

(d) Dakota County Habitat Protection
$1,000,000 in fiscal year 2010 is to the
commissioner of natural resources for
an agreement with Dakota County for
acquisition of permanent easements. A list
of proposed acquisitions must be provided as
part of the required accomplishment plan.


(e) Lake Rebecca Water Quality Improvement
Project
$450,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with the Three Rivers Park
District to improve the water quality in Lake
Rebecca in Lake Rebecca Park Reserve
in Hennepin County. A description of the
activities to enhance fish habitat in Lake
Rebecca must be provided as part of the
required accomplishment plan.

(f) Fountain Lake Fish Barriers
$655,000 in fiscal year 2010 is to the
commissioner of natural resources for
an agreement with the Shell Rock River
Watershed District to construct fish barriers
at three locations on Fountain Lake. Land
acquisition necessary for fish barrier
construction is permitted. A list of proposed
projects, describing the types and locations
of barriers, must be provided as part of
the required accomplishment plan. The
commissioner of natural resources must
agree to each proposed barrier.

Subd. 6.Administration and Other
880,000
-0-

(a) Contract Management
$175,000 in fiscal year 2010 is to the
commissioner of natural resources for
contract management, in fiscal years 2010
and 2011, for duties assigned in this section.

(b) Legislative Coordinating Commission
$705,000 in fiscal year 2010 is to the
Legislative Coordinating Commission for
administrative expenses of the Lessard
Outdoor Heritage Council and for
compensation and expense reimbursement
of council members. Up to $100,000 may
be transferred to the game and fish fund as
reimbursement for advances to the Lessard
Outdoor Heritage Council made in fiscal
year 2009. Of this amount, $10,000 is for
the costs of developing and implementing a
Web site to contain information on projects
receiving appropriations.


(c) Lessard Outdoor Heritage Council Site
Visit Exception
Travel to and from site visits by council
members paid for under paragraph (b) are
not meetings of the council for the purpose
of receiving information under Minnesota
Statutes, section 97A.056, subdivision 5.

Subd. 7.Availability of Appropriation
Unless otherwise provided, the amounts in
this section are available until June 30, 2011,
when projects must be completed and final
accomplishments reported. For acquisition
of an interest in real property, the amounts in
this section are available until June 30, 2012.
If a project receives federal funds, the time
period of the appropriation is extended to
equal the availability of federal funding.

Subd. 8.Cash Advances
When the operations of the outdoor heritage
fund would be impeded by projected cash
deficiencies resulting from delays in the
receipt of dedicated income, and when the
deficiencies would be corrected within fiscal
year 2010, the commissioner of finance may
use fund-level cash reserves to meet cash
demands of the outdoor heritage fund. If
funds are transferred from the general fund to
meet cash flow needs, the cash flow transfers
must be returned to the general fund as soon
as sufficient cash balances are available
in the outdoor heritage fund. Any interest
earned on general fund cash flow transfers
accrues to the general fund and not to the
outdoor heritage fund.

Subd. 9.Accomplishment Plans
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 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 evaluation
of results. None of the money provided
in this section may be expended unless
the council has approved the pertinent
accomplishment plan.

Subd. 10.Project Requirements
As a condition of accepting an appropriation
in this section, any agency or entity receiving
an appropriation must, for any project funded
in whole or in part with funds from the
appropriation:
(1) 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 from
genetic contamination, to the extent possible
if conducting prairie restorations is a
component of the accomplishment plan;
(2) provide that all easements:
(i) are permanent;
(ii) specify the parties to an easement in the
easement;
(iii) specify all of the provisions of an
agreement that are permanent;
(iv) are sent to the office of the Lessard
Outdoor Heritage Council; and
(v) include a long-term stewardship plan and
funding for monitoring and enforcing the
easement agreement;
(3) for all restorations, 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 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;
(4) for new lands acquired, prepare a
restoration and management plan in
compliance with clause (3), including
identification of sufficient funding for
implementation;
(5) to ensure public accountability for the
use of public funds, provide to the Lessard
Outdoor Heritage Council 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 shall also report to
the Lessard Outdoor Heritage Council any
difference between the acquisition amount
paid to the seller and the state-certified or
state-reviewed appraisal. Acquisition data
such as appraisals may remain private during
negotiations but must ultimately be made
public according to Minnesota Statutes,
chapter 13;
(6) provide that all restoration and
enhancement projects are on land
permanently protected by conservation
easement or public ownership;
(7) to the extent the appropriation is used to
acquire an interest in real property, provide
to the Lessard Outdoor Heritage Council and
the commissioner of finance 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 may be paid for; and
(8) give consideration to and make
timely written contact with the Minnesota
Conservation Corps for consideration of
possible use of their services to contract for
restoration and enhancement services.


Subd. 11.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. Payments for
reimbursement may not be made before
November 1, 2009. Notwithstanding
Minnesota Statutes, section 16A.41,
expenditures directly related to each
appropriation's purpose made on or after July
1, 2009, 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 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 in excess of $10,000 must be
approved as part of the accomplishment plan.


Subd. 12.Purchase of Recycled and Recyclable
Materials
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.

Subd. 13.Accessibility
Structural and nonstructural facilities must
meet the design standards in the Americans
with Disabilities Act (ADA) accessibility
guidelines.

Subd. 14.Land Acquisition Restrictions
(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.
(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 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.
(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 Outdoor
Heritage Council or its successor. If the
holder of the interest in real property fails
to comply with the terms and conditions of
the grant agreement or accomplishment plan,
ownership of the interest in real property
shall transfer to the state."

Subd. 15.Real Property Interest Report
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 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 14; and
(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.
Before the transfer, the entity receiving
the transfer of property must certify to the
Lessard Outdoor Heritage Council, or its
successor, acceptance of all obligations and
responsibilities held by the prior owner.
After the transfer, the person or entity that
holds the interest in the real property is
responsible for reporting requirements under
this section.

Subd. 16.Protect; Definition
For purposes of appropriations in this article,
"protect" means to preserve ecological
systems and prevent future degradation of
ecological systems by actions including, but
not limited to, purchase in fee or easement.

    Sec. 3. Minnesota Statutes 2008, section 97A.056, subdivision 2, is amended to read:
    Subd. 2. Lessard Outdoor Heritage Council. (a) The Lessard Outdoor Heritage
Council of 12 members is created in the legislative branch, consisting of:
    (1) two public members appointed by the senate Subcommittee on Committees of
the Committee on Rules and Administration;
    (2) two public members appointed by the speaker of the house;
    (3) four public members appointed by the governor;
    (4) two members of the senate appointed by the senate Subcommittee on Committees
of the Committee on Rules and Administration; and
    (5) two members of the house of representatives appointed by the speaker of the
house.
    (b) Members appointed under paragraph (a) must not be registered lobbyists.
In making appointments, the governor, senate Subcommittee on Committees of the
Committee on Rules and Administration, and the speaker of the house shall consider
geographic balance, gender, age, ethnicity, and varying interests including hunting and
fishing. The governor's appointments to the council are subject to the advice and consent
of the senate.
    (c) Public members appointed under paragraph (a) shall have practical experience
or expertise or demonstrated knowledge in the science, policy, or practice of restoring,
protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
wildlife.
    (d) Legislative members appointed under paragraph (a) shall include the chairs
of the legislative committees with jurisdiction over environment and natural resources
finance or their designee, one member from the minority party of the senate, and one
member from the minority party of the house of representatives.
    (e) Members serve four-year terms and shall be initially appointed according to
the following schedule of terms:
    (1) two public members appointed by the governor for a term ending the first
Monday in January 2011;
    (2) one public member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2011;
    (3) one public member appointed by the speaker of the house for a term ending
the first Monday in January 2011;
    (4) two public members appointed by the governor for a term ending the first
Monday in January 2013;
    (5) one public member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2013;
    (6) one public member appointed by the speaker of the house for a term ending the
first Monday in January 2013; and
    (7) two members of the senate appointed by the senate Subcommittee on Committees
of the Committee on Rules and Administration for a term ending the first Monday in
January 2013, and two members of the house of representatives appointed by the speaker
of the house for a term ending the first Monday in January 2013.
    (f) Compensation and removal of public members are as provided in section
15.0575. A vacancy on the council may be filled by the appointing authority for the
remainder of the unexpired term.
    (g) The first meeting of the council shall be convened by the chair of the Legislative
Coordinating Commission no later than December 1, 2008. Members shall elect a chair,
vice-chair, secretary, and other officers as determined by the council. The chair may
convene meetings as necessary to conduct the duties prescribed by this section.
    (h) Upon coordination with and approval by the Legislative Coordinating
Commission, the Department of Natural Resources shall provide administrative support
for council may appoint nonpartisan staff and contract with consultants as necessary
to carry out the functions of the council. Up to one percent of the money appropriated
from the fund may be used to cover the staffing and related administrative expenses of
the department and to cover the compensation and travel expenses pay for administrative
expenses of the council and for compensation and expense reimbursement of council
members.

    Sec. 4. Minnesota Statutes 2008, section 97A.056, subdivision 3, is amended to read:
    Subd. 3. Council recommendations. (a) The council shall make recommendations
to the legislature on appropriations of money from the outdoor heritage fund that are
consistent with the Constitution and state law and that take into consideration will
achieve the outcomes of existing natural resource plans, including, but not limited to,
the Minnesota Statewide Conservation and Preservation Plan, that directly relate to the
restoration, protection, and enhancement of wetlands, prairies, forests, and habitat for fish,
game, and wildlife, and that prevent forest fragmentation, encourage forest consolidation,
and expand restored native prairie. The council shall submit its initial recommendations to
the legislature no later than April 1, 2009. Subsequent recommendations shall be submitted
no later than January 15 each year. The council shall present its recommendations to the
senate and house of representatives committees with jurisdiction over the environment
and natural resources budget by February 15 in odd-numbered years, and within the
first four weeks of the legislative session in even-numbered years. The council's budget
recommendations to the legislature shall be separate from the Department of Natural
Resource's budget recommendations.
    (b) To encourage and support local conservation efforts, the council shall establish a
conservation partners program. Local, regional, state, or national organizations may apply
for matching grants for restoration, protection, and enhancement of wetlands, prairies,
forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation,
encouragement of forest consolidation, and expansion of restored native prairie.
    (c) The council may work with the Clean Water Council to identify projects that
are consistent with both the purpose of the outdoor heritage fund and the purpose of
the clean water fund.
    (d) The council may make recommendations to the Legislative-Citizen Commission
on Minnesota Resources on scientific research that will assist in restoring, protecting, and
enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing
forest fragmentation, encouraging forest consolidation, and expanding restored native
prairie.
    (e) Recommendations of the council, including approval of recommendations for the
outdoor heritage fund, require an affirmative vote of at least nine members of the council.
(f) The council may work with the Clean Water Council, the Legislative-Citizen
Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and
water conservation districts, and experts from Minnesota State Colleges and Universities
and the University of Minnesota in developing the council's recommendations.
(g) The council shall develop and implement a process that ensures that citizens
and potential recipients of funds are included throughout the process, including the
development and finalization of the council's recommendations. The process must include
a fair, equitable, and thorough process for reviewing requests for funding and a clear and
easily understood process for ranking projects.
(h) The council shall use the regions of the state based upon the ecological
regions and subregions developed by the Department of Natural Resources and establish
objectives for each region and subregion to achieve the purposes of the fund outlined
in the state constitution.
(i) The council shall develop and submit to the Legislative Coordinating Commission
plans for the first ten years of funding, and a framework for 25 years of funding, consistent
with statutory and constitutional requirements. The council may use existing plans from
other legislative, state, and federal sources, as applicable.

    Sec. 5. Minnesota Statutes 2008, section 97A.056, subdivision 6, is amended to read:
    Subd. 6. Audit. The council shall select an independent auditor to legislative auditor
shall audit the outdoor heritage fund expenditures, including administrative and staffing
expenditures, every two years to ensure that the money is spent to restore, protect, and
enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife.

    Sec. 6. Minnesota Statutes 2008, section 97A.056, subdivision 7, is amended to read:
    Subd. 7. Legislative oversight. (a) The senate and house of representatives chairs
of the committees with jurisdiction over the environment and natural resources budget
shall convene a joint hearing to review the activities and evaluate the effectiveness of the
council and evaluate the effectiveness and efficiency of the department's administration
and staffing of the council after five years but to receive reports on the council from the
legislative auditor no later than June 30, 2014.
    (b) By January 15, 2013, a professional outside review authority shall be chosen by
the chairs of the house of representatives and senate committees with jurisdiction over
environment and natural resources to evaluate the effectiveness and efficiency of the
department's administration and staffing of the council. A report shall be submitted to
the chairs by January 15, 2014.

    Sec. 7. APPROPRIATION; FOREST PROTECTION RESERVE.
$2,000,000 is appropriated in fiscal year 2010 from the outdoor heritage fund to
the commissioner of agriculture to identify, prevent, and in consultation with the Forest
Resources Council, protect Minnesota forests by rapidly and effectively responding to
the threat or presence of plant pests. The commissioner may access this appropriation
if sufficient resources are not available from state, federal, or other sources or if the
commissioner determines that sufficient state, federal, or other resources will not be
available to the commissioner in time to effectively prevent the introduction or spread
of tree pests and avert environmental or economic harm. Up to $125,000 is available
immediately to the commissioner of agriculture to update the state's invasive and exotic
tree pest plans by addressing the role of all stakeholders in preventing the introduction or
spread of invasive pests, responding to and containing outbreaks, and remediation. The
commissioner shall work in consultation with the commissioner of natural resources, the
Forest Resources Council, and the Forest Protection Task Force and provide quarterly
reports on findings and recommendations to the governor and the appropriate legislative
committees. The reports must include recommendations to ensure that a coordinated
and effective response network is in place to protect our forests. The commissioner of
agriculture may transfer all or part of this appropriation to the commissioner of natural
resources and shall award grants to local units of government or other entities.

    Sec. 8. REVISOR'S INSTRUCTION.
The revisor shall remove all references to the "Lessard Outdoor Heritage Council" in
Minnesota Statutes, and replace those references with "Lessard-Sams Outdoor Heritage
Council."

ARTICLE 2
CLEAN WATER FUND


Section 1. CLEAN WATER FUND APPROPRIATIONS.
The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
clean water fund, and are available for the fiscal years indicated for allowable activities
under the Minnesota Constitution, article XI, section 15. The figures "2010" and "2011"
used in this act mean that the appropriation 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

Available for the Year

Ending June 30

2010
2011


Sec. 2. DEPARTMENT OF AGRICULTURE
$
3,790,000
$
5,170,000
(a) $395,000 the first year is to intensively
monitor and analyze three sub-watersheds
for changes in agricultural runoff related to
land management practices and evaluate best
management practices in sub-watersheds
within the Root River Watershed in
southeastern Minnesota. The commissioner
shall submit a report on the use of this
appropriation to the chairs of the house of
representatives and senate committees with
jurisdiction over agriculture, agriculture
finance, environment and natural resources,
and environment and natural resources
finance by January 15, 2012. This
appropriation is available until spent.
(b) $325,000 the first year and $350,000 the
second year are to increase monitoring for
pesticides and pesticide degradates in surface
water and groundwater and to use data
collected to assess pesticide use practices.
(c) $375,000 the first year and $750,000 the
second year are to increase groundwater and
drinking water protection from agricultural
chemicals, primarily nutrients.
(d) $695,000 the first year and $1,570,000
the second year are for research, pilot
projects, and technical assistance related
to ways agricultural practices contribute to
restoring impaired waters and assist with
the development of TMDL plans. Of this
amount, $150,000 each year is for grants to
the livestock environmental quality assurance
program to develop resource management
plans, provide resource management analysis
and assistance, provide an implementation
plan, and provide for annual reporting on
water quality assessment and reasonable
assurance of the water quality effects for
the purposes of TMDL plans, including an
assurance walk-through for farms enrolled
in the program. By December 15, 2010, the
commissioner of agriculture shall submit a
report to the chairs and ranking minority
members of the legislative committees and
divisions with jurisdiction over agriculture
and environment policy and finance on the
activities of the livestock environmental
quality assurance program. The report shall
include:
(1) the number of farms enrolled;
(2) an analysis of the estimated water quality
improvements to enrolled farms; and
(3) an analysis of the ability to provide
reasonable assurance of the water quality
effects.
(e) $2,000,000 the first year and $2,500,000
the second year are for the agricultural
best management practices loan program.
At least $1,800,000 the first year and at
least $2,200,000 the second year are for
transfer to a new clean water agricultural
best management practices loan account
and are available for pass-through to local
governments and lenders for low-interest
loans. Any unencumbered balance that is not
used for pass-through to local governments
does not cancel at the end of the first year
and is available for the second year.


Sec. 3. PUBLIC FACILITIES AUTHORITY
$
13,441,000
$
19,259,000
(a) $8,816,000 the first year and $12,834,000
the second year are for the total maximum
daily load grant program under Minnesota
Statutes, section 446A.073. This
appropriation is available until spent.
(b) $4,125,000 the first year and $4,425,000
the second year are for the clean water legacy
phosphorus reduction grant program under
Minnesota Statutes, section 446A.074. This
appropriation is available until spent.
(c) $500,000 the first year and $2,000,000
the second year are for small community
wastewater treatment grants and loans under
Minnesota Statutes, section 446A.075. This
appropriation is available until spent.


Sec. 4. POLLUTION CONTROL AGENCY
$
24,076,000
$
27,285,000
(a) $9,000,000 the first year and $9,000,000
the second year are to develop total
maximum daily load (TMDL) studies and
TMDL implementation plans for waters
listed on the United States Environmental
Protection Agency approved impaired
waters list in accordance with Minnesota
Statutes, chapter 114D. The agency shall
complete an average of ten percent of the
TMDLs each year over the biennium. Of
this amount, $348,000 the first year is to
retest the comprehensive assessment of the
biological conditions of the lower Minnesota
River and its tributaries within the Lower
Minnesota River Major Watershed, as
previously assessed from 1976 to 1992 under
the Minnesota River Assessment Project
(MRAP). The assessment must include the
same fish species sampling at the same 116
locations and the same macroinvertebrate
sampling at the same 41 locations as the
MRAP assessment. The assessment must:
(1) include an analysis of the findings; and
(2) identify factors that limit aquatic life in
the Minnesota River.
Of this amount, $250,000 the first year is
for a pilot project for the development of
total maximum daily load (TMDL) studies
conducted on a watershed basis within
the Buffalo River watershed in order to
protect, enhance, and restore water quality
in lakes, rivers, and streams. The pilot
project shall include all necessary field
work to develop TMDL studies for all
impaired subwatersheds within the Buffalo
River watershed and provide information
necessary to complete reports for most of the
remaining watersheds, including analysis of
water quality data, identification of sources
of water quality degradation and stressors,
load allocation development, development
of reports that provide protection plans
for subwatersheds that meet water quality
standards, and development of reports that
provide information necessary to complete
TMDL studies for subwatersheds that do not
meet water quality standards, but are not
listed as impaired.
(b) $500,000 the first year is for development
of an enhanced TMDL database to manage
and track progress. Of this amount, $63,000
the first year is to promulgate rules. By
November 1, 2010, the commissioner shall
submit a report to the chairs of the house of
representatives and senate committees with
jurisdiction over environment and natural
resources finance on the outcomes achieved
with this appropriation.
(c) $1,500,000 the first year and $3,169,000
the second year are for grants under
Minnesota Statutes, section 116.195, to
political subdivisions for up to 50 percent
of the costs to predesign, design, and
implement capital projects that use treated
municipal wastewater instead of groundwater
from drinking water aquifers, in order to
demonstrate the beneficial use of wastewater,
including the conservation and protection of
water resources. Of this amount, $1,000,000
the first year is for grants to ethanol plants
that are within one and one-half miles of a
city for improvements that reuse greater than
300,000 gallons of wastewater per day.
(d) $1,125,000 the first year and $1,125,000
the second year are for groundwater
assessment and drinking water protection to
include:
(1) the installation and sampling of at least
30 new monitoring wells;
(2) the analysis of samples from at least 40
shallow monitoring wells each year for the
presence of endocrine disrupting compounds;
and
(3) the completion of at least four to
five groundwater models for TMDL and
watershed plans.
(e) $2,500,000 the first year is for the clean
water partnership program. Priority shall be
given to projects preventing impairments and
degradation of lakes, rivers, streams, and
groundwater in accordance with Minnesota
Statutes, section 114D.20, subdivision 2,
clause (4). Any balance remaining in the first
year does not cancel and is available for the
second year.
(f) $896,000 the first year is to establish
a network of water monitoring sites, to
include at least 20 additional sites, in public
waters adjacent to wastewater treatment
facilities across the state to assess levels of
endocrine-disrupting compounds, antibiotic
compounds, and pharmaceuticals as required
in this article. The data must be placed on
the agency's Web site.
(g) $155,000 the first year is to provide
notification of the potential for coal tar
contamination, establish a storm water
pond inventory schedule, and develop best
management practices for treating and
cleaning up contaminated sediments as
required in this article. $345,000 the second
year is to develop a model ordinance for the
restricted use of undiluted coal tar sealants
and to provide grants to local units of
government for up to 50 percent of the costs
to implement best management practices to
treat or clean up contaminated sediments
in storm water ponds and other waters as
defined under this article. Local governments
must have adopted an ordinance for the
restricted use of undiluted coal tar sealants
in order to be eligible for a grant, unless a
statewide restriction has been implemented.
A grant awarded under this paragraph must
not exceed $100,000.
(h) $350,000 the first year and $400,000
the second year are for a restoration project
in the lower St. Louis River and Duluth
harbor. This appropriation must be matched
by nonstate money at a rate of $2 for every
$1 of state money.
(i) $150,000 the first year and $196,000 the
second year are for grants to the Red River
Watershed Management Board to enhance
and expand existing river watch activities in
the Red River of the North. The Red River
Watershed Management Board shall provide
a report that includes formal evaluation
results from the river watch program to the
commissioners of education and the Pollution
Control Agency and to the legislative natural
resources finance and policy committees
and K-12 finance and policy committees by
February 15, 2011.
(j) $200,000 the first year and $300,000 the
second year are for coordination with the
state of Wisconsin and the National Park
Service on comprehensive water monitoring
and phosphorus reduction activities in the
Lake St. Croix portion of the St. Croix
River. The Pollution Control Agency
shall work with the St. Croix Basin Water
Resources Planning Team and the St. Croix
River Association in implementing the
water monitoring and phosphorus reduction
activities. This appropriation is available
to the extent matched by nonstate sources.
Money not matched by November 15, 2010,
cancels for this purpose and is available for
the purposes of paragraph (a).
(k) $7,500,000 the first year and $7,500,000
the second year are for completion of 20
percent of the needed statewide assessments
of surface water quality and trends. Of this
amount, $175,000 the first year and $200,000
the second year are for monitoring and
analyzing endocrine disruptors in surface
waters.
(l) $100,000 the first year and $150,000
the second year are for civic engagement
in TMDL development. The agency shall
develop a plan for expenditures under
this paragraph. The agency shall give
consideration to civic engagement proposals
from basin or sub-basin organizations,
including the Mississippi Headwaters Board,
the Minnesota River Joint Powers Board,
Area II Minnesota River Basin Projects,
and the Red River Basin Commission.
By November 15, 2009, the plan shall be
submitted to the house and senate chairs
and ranking minority members of the
environmental finance divisions.
(m) $5,000,000 the second year is for
groundwater protection or prevention of
groundwater degradation activities. By
January 15, 2010, the commissioner, in
consultation with the commissioner of
natural resources, the Board of Water and
Soil Resources, and other agencies, shall
submit a report to the chairs of the house of
representatives and senate committees with
jurisdiction over the clean water fund on the
intended use of these funds. The legislature
must approve expenditure of these funds by
law.
(n) $100,000 the first year and $100,000 the
second year are for grants to the Star Lake
Board established under Minnesota Statutes,
section 103B.702. The appropriation is a
pilot program to focus on engaging citizen
participation and fostering local partnerships
by increasing citizen involvement in water
quality enhancement by designating star
lakes and rivers. The board shall include
information on the results of this pilot
program in its next biennial report under
Minnesota Statutes, section 103B.702. The
second year grants are available only if
the Board of Water and Soil Resources
determines that the money granted in the first
year furthered the water quality goals in the
star lakes program in Minnesota Statutes,
section 103B.701. * (The preceding
paragraph beginning "(n) $100,000 the
first year" was indicated as vetoed by the
governor.)
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.



Sec. 5. DEPARTMENT OF NATURAL
RESOURCES
$
6,690,000
$
7,835,000
(a) $1,240,000 the first year and $2,460,000
the second year are for assisting in water
quality assessments in supporting the
identification of impaired waters.
(b) $600,000 the first year and $525,000 the
second year are for drinking water planning
and protection activities.
(c) $1,050,000 the first year and $1,050,000
the second year are for TMDL development
and TMDL implementation plans for waters
listed on the United States Environmental
Protection Agency approved Impaired
Waters List in accordance with Minnesota
Statutes, chapter 114D.
(d) $2,800,000 the first year and $2,800,000
the second year are to acquire and distribute
high-resolution digital elevation data
using light detection and ranging to aid
with impaired waters modeling and total
maximum daily load implementation under
Minnesota Statutes, chapter 114D. The data
will be collected for areas of the state that
have not acquired such data prior to January
1, 2007, or to complete acquisition and
distribution of the data for those areas of
the state that have not previously received
state funds for acquiring and distributing
the data. The distribution of data acquired
under this paragraph must be conducted
under the auspices of the Land Management
Information Center or its successor, which
shall receive 2.5 percent of the appropriation
in this paragraph to support coordination of
data acquisition and distribution. Mapping
and data set distribution under this paragraph
must be completed within three years of
funds availability. The commissioner shall
utilize department staff whenever possible.
The commissioner may contract for services
only if they cannot otherwise be provided
by the department. If the commissioner
contracts for services with this appropriation
and any of the work done under the contract
will be done outside of the United States, the
commissioner must report to the chairs of the
house of representatives and senate finance
committees on the proposed contract at least
30 days before entering into the contract. The
report must include an analysis of why the
contract with the selected contractor provides
the state with "best value," as defined in
Minnesota Statutes, section 16C.02; any
alternatives to the selected contractor that
were considered; what data will be provided
to the contractor, including the data that
will be transmitted outside of the United
States; what security measures will be
taken to ensure that the data is treated in
accordance with the Minnesota Government
Data Practices Act; and what remedies will
be available to the state if the data is not
treated in accordance with the Minnesota
Government Data Practices Act.
(e) $250,000 the first year and $250,000
the second year are to adopt rules for the
Mississippi River corridor critical area
under Minnesota Statutes, section 116G.15.
The commissioner shall begin rulemaking
under chapter 14 no later than January 15,
2010. At least 30 days prior to beginning
the rulemaking, the commissioner shall
notify local units of government within the
Mississippi River corridor critical area of
the intent to adopt rules. The local units of
government shall make reasonable efforts to
notify the public of the contact information
for the appropriate department staff. The
commissioner shall maintain an e-mail
list of interested parties to provide timely
information about the proposed schedule
for rulemaking, opportunities for public
comment, and contact information for the
appropriate department staff.
(f) $500,000 the first year and $500,000
the second year are to investigate physical
and recharge characteristics as part of the
collection and interpretation of subsurface
geological information and acceleration of
the county geologic atlas program. This
appropriation represents a continuing effort
to complete the county geologic atlases
throughout the state in order to provide
information and assist in planning for the
sustainable use of groundwater and surface
water that does not harm ecosystems,
degrade water quality, or compromise the
ability of future generations to meet their
own needs. This appropriation is available
until December 31, 2014.
(g) $250,000 the first year and $250,000
the second year are for nonpoint source
restoration and protection activities.



Sec. 6. BOARD OF WATER AND SOIL
RESOURCES
$
18,705,000
$
19,519,000
(a) $3,250,000 the first year and $3,250,000
the second year are to purchase and restore
permanent conservation easements on
riparian buffers of up to 100 feet adjacent
to public waters, excluding wetlands, to
keep water on the land in order to decrease
sediment, pollutant and nutrient transport,
reduce hydrologic impacts to surface waters,
and increase infiltration for groundwater
recharge. The riparian buffers must be
at least 50 feet unless there is a natural
impediment, a road, or other impediment
beyond the control of the landowner. This
appropriation may be used for restoration
of riparian buffers protected by easements
purchased with this appropriation and for
stream bank restorations when the riparian
buffers have been restored. Up to five
percent may be used for administration of
this program.
(b) $2,800,000 the first year and $3,124,000
the second year are for grants to watershed
districts and watershed management
organizations for: (i) structural or vegetative
management practices that reduce storm
water runoff from developed or disturbed
lands to reduce the movement of sediment,
nutrients, and pollutants or to leverage
federal funds for restoration, protection, or
enhancement of water quality in lakes, rivers,
and streams and to protect groundwater
and drinking water; and (ii) the installation
of proven and effective water retention
practices including, but not limited to, rain
gardens and other vegetated infiltration
basins and sediment control basins in order
to keep water on the land. The projects
must be of long-lasting public benefit,
include a local match, and be consistent with
TMDL implementation plans or local water
management plans. Watershed district and
watershed management organization staff
and administration may be used for local
match. Priority may be given to school
projects that can be used to demonstrate
water retention practices. Up to five percent
may be used for administering the grants.
(c) $3,000,000 the first year and $3,000,000
the second year are for nonpoint source
pollution reduction and restoration grants to
watershed districts, watershed management
organizations, counties, and soil and water
conservation districts for grants in addition
to grants available under paragraphs (a)
and (b) to keep water on the land and to
protect, enhance, and restore water quality
in lakes, rivers, and streams, and to protect
groundwater and drinking water. The
projects must be of long-lasting public
benefit, include a local match, and be
consistent with TMDL implementation plans
or local water management plans. Up to five
percent may be used for administering the
grants.
(d) $400,000 the first year and $600,000 the
second year are to the Anoka Conservation
District for the metropolitan landscape
restoration program for water quality and
improvement projects.
(e) $1,000,000 the first year and $1,000,000
the second year are for permanent
conservation easements on wellhead
protection areas under Minnesota Statutes,
section 103F.515, subdivision 2, paragraph
(d). Priority must be placed on land that
is located where the vulnerability of the
drinking water supply management area,
as defined under Minnesota Rules, part
4720.5100, subpart 13, is designated as high
or very high by the commissioner of health.
(f) $2,000,000 the first year and $2,000,000
the second year are for feedlot water quality
improvement grants for feedlots under 300
animal units on riparian land, to include
water quality assessment to determine the
effectiveness of the grants in protecting,
enhancing, and restoring water quality in
lakes, rivers, and streams, and in protecting
groundwater from degradation.
(g) $2,330,000 the first year and $1,830,000
the second year are for grants to implement
stream bank, stream channel, and shoreline
protection, and restoration projects to protect
water quality. Of this amount, $330,000 the
first year and $330,000 the second year may
be used for technical assistance and grants to
establish a conservation drainage program
in consultation with the Board of Water
and Soil Resources and the Drainage Work
Group that consists of pilot projects to retrofit
existing drainage systems with water quality
improvement practices, evaluate outcomes,
and provide outreach to landowners, public
drainage authorities, drainage engineers and
contractors, and others. Of this amount,
$500,000 the first year is for a grant to
Hennepin County for riparian restoration
and stream bank stabilization in the ten
primary stream systems in Hennepin County
in order to protect, enhance, and help
restore the water quality of the streams and
downstream receiving waters. The county
shall work with watershed districts and water
management organizations to identify and
prioritize projects. To the extent possible,
the county shall employ youth through the
Minnesota Conservation Corps and Tree
Trust to plant trees and shrubs to reduce
erosion and stabilize stream banks. This
appropriation must be matched by nonstate
sources, including in-kind contributions.
(h) $275,000 the first year and $315,000
the second year are for state oversight,
support, and accountability reporting of
local government implementation, including
an annual report prepared jointly by
the board, the commissioner of natural
resources and the commissioner of the
Pollution Control Agency to the legislature
detailing the recipients and projects funded
under this section; the anticipated water
quality benefits of projects funded; the
relationship of restoration projects to
TMDL load allocations; the relationship
of protection projects to monitored water
quality trends; and individual county and
aggregated statewide progress in: (1)
identifying noncompliant SSTS, establishing
maintenance oversight systems, and SSTS
upgrades funded under this section; and
(2) identifying and upgrading open lot
feedlots under 300 animal units in shoreland.
Organizations receiving grants under this
section shall provide information to the
agencies listed in this paragraph or the
information required in the report. The board
shall require grantees to specify the outcomes
that will be achieved by the grants prior to
any grant awards.
(i) $1,250,000 the first year and $1,500,000
the second year are for targeted nonpoint
restoration technical assistance and
engineering. At least 93 percent of this
amount must be made available for grants.
(j) $1,600,000 the first year and $1,900,000
the second year are for grants to implement
county subsurface sewage treatment system
(SSTS) programs, including inventories,
enforcement, development of databases,
and systems to insure SSTS maintenance
reporting program results to the Board
of Water and Soil Resources and the
Pollution Control Agency, and base grants.
Priority must be given to the protection
of lakes, rivers, and streams. Grants are
limited to counties with ordinances adopted
pursuant to Minnesota Statutes, section
115.55, subdivision 2, that can demonstrate
enforcement of the ordinances.
(k) $800,000 the first year and $1,000,000
the second year are for grants to address
imminent threat and failing subsurface
sewage treatment systems.
The board shall contract for services with
the Minnesota Conservation Corps for
restoration, maintenance, and other activities
under this section for at least $500,000 the
first year and $500,000 the second year.
The board may shift grant or cost-share funds
in this section and may adjust the technical
and administrative assistance portion of the
funds to leverage federal or other nonstate
funds or to address oversight responsibilities
or high-priority needs identified in local
water management plans.
The board shall give priority consideration
to projects and practices that complement,
supplement, or exceed current state standards
for protection, enhancement, and restoration
of water quality in lakes, rivers, and streams
or that protect groundwater from degradation.
To the extent possible, a person conducting
a 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 from genetic
contamination.
The board shall submit a report on the
expenditure and use of money appropriated
under this section to the chairs of the house
of representatives and senate committees
with jurisdiction over environment and
natural resources and environment and
natural resources finance by March 1 of
each year. The report must provide detail
on: the expenditure of funds, including
maps; the effectiveness of the expenditures
in protecting, enhancing, and restoring water
quality in lakes, rivers, and streams and
protecting groundwater from degradation;
and the effectiveness of the expenditures in
keeping water on the land.


Sec. 7. DEPARTMENT OF HEALTH
$
1,645,000
$
2,105,000
(a) $1,200,000 the first year and $1,215,000
the second year are for protection of drinking
water sources, including assisting 30 or
more communities in fiscal year 2010 and
60 or more communities in fiscal year 2011
with the development and implementation
of community source water protection plans
before new community wells are installed,
and awarding ten or more communities in
fiscal year 2010 and 20 or more communities
in fiscal year 2011 with source water
protection implementation grants.
(b) $445,000 the first year and $890,000
the second year are for addressing public
health concerns related to contaminants
found in Minnesota drinking water for which
no health-based drinking water standard
exists. The commissioner shall characterize
and issue health-based guidance for three or
more additional unregulated drinking water
contaminants in fiscal year 2010, and seven
or more additional unregulated drinking
water contaminants in fiscal year 2011.


Sec. 8. UNIVERSITY OF MINNESOTA
$
750,000
$
305,000
(a) $305,000 the second year is for the
geological survey to continue and to initiate
the production of county geologic atlases.
This appropriation represents a continuing
effort to complete the county geologic
atlases throughout the state in order to
provide information and assist in planning
for the sustainable use of groundwater and
surface water that does not harm ecosystems,
degrade water quality, or compromise the
ability of future generations to meet their
own needs. This appropriation is available
until December 31, 2014.
(b) $750,000 the first year is to develop the
comprehensive statewide sustainable water
resources ten-year plan and 25-year detailed
framework in this article.
(c) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2011,
as grants or contracts in this section are
available until June 30, 2013.


Sec. 9. LEGISLATURE
$
25,000
$
0
$25,000 the first year is for the Legislative
Coordinating Commission for the costs of
developing and implementing a Web site to
contain information on projects receiving
appropriations from the outdoor heritage
fund, the clean water fund, and the parks and
trails fund.


Sec. 10. METROPOLITAN COUNCIL
$
400,000
$
0
$400,000 the first year is for implementation
of the master water supply plan developed
under Minnesota Statutes, section 473.1565.

    Sec. 11. Minnesota Statutes 2008, section 84.66, subdivision 2, is amended to read:
    Subd. 2. Definitions. For the purpose of this section, the following terms have
the meanings given:
    (1) "forest land" has the meaning given under section 89.001, subdivision 4;
    (2) "forest resources" has the meaning given under section 89.001, subdivision 8;
    (3) "guidelines" has the meaning given under section 89A.01, subdivision 8;
    (4) "riparian land" has the meaning given under section 103F.511, subdivision 8a
8b
; and
    (5) "working forest land" means land that provides a broad range of goods and
services, including forest products, recreation, fish and wildlife habitat, clean air and
water, and carbon sequestration.

    Sec. 12. Minnesota Statutes 2008, section 103F.505, is amended to read:
103F.505 PURPOSE AND POLICY.
It is the purpose of sections 103F.505 to 103F.531 to keep restore certain marginal
agricultural land out of crop production and protect environmentally sensitive areas to
protect enhance soil and water quality, minimize damage to flood-prone areas, sequester
carbon, and support native plant, fish, and wildlife habitat habitats. It is state policy to
encourage the restoration of wetlands and riparian lands and promote the retirement of
marginal, highly erodible land, particularly land adjacent to public waters, drainage
systems, wetlands, and locally designated priority waters, from crop production and to
reestablish a cover of perennial vegetation.

    Sec. 13. Minnesota Statutes 2008, section 103F.511, subdivision 5, is amended to read:
    Subd. 5. Drained wetland. "Drained wetland" means a former natural wetland that
has been altered by draining, dredging, filling, leveling, or other manipulation sufficient
to render the land suitable for agricultural crop production. The alteration must have
occurred before December 23, 1985, and must be a legal alteration as determined by the
commissioner of natural resources.

    Sec. 14. Minnesota Statutes 2008, section 103F.511, is amended by adding a
subdivision to read:
    Subd. 8a. Reinvest in Minnesota reserve program. "Reinvest in Minnesota
reserve program" means the program established under section 103F.515.

    Sec. 15. Minnesota Statutes 2008, section 103F.511, subdivision 8a, is amended to read:
    Subd. 8a 8b. Riparian land. "Riparian land" means lands adjacent to public
waters, drainage systems, wetlands, or locally designated priority waters identified in a
comprehensive local water plan, as defined in section 103B.3363, subdivision 3.

    Sec. 16. Minnesota Statutes 2008, section 103F.515, subdivision 1, is amended to read:
    Subdivision 1. Establishment of program. The board, in consultation with the
commissioner of agriculture and the commissioner of natural resources, shall establish
and administer a conservation the reinvest in Minnesota reserve program. The board
shall implement sections 103F.505 to 103F.531. Selection of land for the conservation
reinvest in Minnesota reserve program must be based on its enhancement potential for
fish and, wildlife production, and native plant habitats, reducing erosion, and protecting
water quality.

    Sec. 17. Minnesota Statutes 2008, section 103F.515, subdivision 2, is amended to read:
    Subd. 2. Eligible land. (a) Land may be placed in the conservation reinvest in
Minnesota reserve program if the land meets the requirements of paragraphs (b) and
(c) or paragraph (d).
(b) Land is eligible if the land:
(1) is marginal agricultural land;
(2) is adjacent to marginal agricultural land and is either beneficial to resource
protection or necessary for efficient recording of the land description;
(3) consists of a drained wetland;
(4) is land that with a windbreak or water quality improvement practice would be
beneficial to resource protection;
(5) is land in a sensitive groundwater area;
(6) is riparian land;
(7) is cropland or noncropland adjacent to restored wetlands to the extent of up to
four eight acres of cropland or one acre of noncropland for each acre of wetland restored;
(8) is a woodlot on agricultural land;
(9) is abandoned building site on agricultural land, provided that funds are not used
for compensation of the value of the buildings; or
(10) is land on a hillside used for pasture.
(c) Eligible land under paragraph (a) must:
(1) be owned by the landowner, or a parent or other blood relative of the landowner,
for at least one year before the date of application;
(2) be at least five acres in size, except for a drained wetland area, riparian area,
windbreak, woodlot, wellhead protection area, or abandoned building site, or be a whole
field as defined by the United States Agricultural Stabilization and Conservation Services;
(3) not be set aside, enrolled or diverted under another federal or state government
program unless enrollment in the conservation reinvest in Minnesota reserve program
would provide additional conservation benefits or a longer term of enrollment than under
the current federal or state program; and
(4) have been in agricultural crop production for at least two of the last five
years before the date of application except drained wetlands, riparian lands, woodlots,
abandoned building sites, environmentally sensitive areas, wellhead protection areas, or
land on a hillside used for pasture.
(d) In selecting drained wetlands for enrollment in the program, the highest priority
must be given to wetlands with a cropping history during the period 1976 to 1985. Land
is eligible if the land is a wellhead protection area as defined under section 103I.005,
subdivision 24, and has a wellhead protection plan approved by the commissioner of
health.
(e) In selecting land for enrollment in the program, highest priority must be given to
permanent easements that are consistent with the purposes stated in section 103F.505.

    Sec. 18. Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read:
    Subd. 4. Nature of property rights acquired. (a) A conservation easement must
prohibit:
(1) alteration of wildlife habitat and other natural features, unless specifically
approved by the board;
(2) agricultural crop production and livestock grazing, unless specifically approved
by the board for wildlife conservation management purposes or extreme drought; and
(3) grazing of livestock except, for agreements entered before the effective date of
Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the
board after consultation with the commissioner of natural resources, in the case of severe
drought, or a local emergency declared under section 12.29; and
(4) (3) spraying with chemicals or mowing, except:
(i) as necessary to comply with noxious weed control laws or;
(ii) for emergency control of pests necessary to protect public health; or
(iii) as approved by the board for conservation management purposes.
(b) A conservation easement is subject to the terms of the agreement provided in
subdivision 5.
(c) A conservation easement must allow repairs, improvements, and inspections
necessary to maintain public drainage systems provided the easement area is restored to
the condition required by the terms of the conservation easement.
(d) Notwithstanding paragraph (a), the board must permit the harvest of native
grasses for use in seed production or bioenergy on wellhead protection lands eligible
under subdivision 2, paragraph (d).

    Sec. 19. Minnesota Statutes 2008, section 103F.515, subdivision 5, is amended to read:
    Subd. 5. Agreements by landowner. The board may enroll eligible land in the
conservation reinvest in Minnesota reserve program by signing an agreement in recordable
form with a landowner in which the landowner agrees:
(1) to convey to the state a conservation easement that is not subject to any prior
title, lien, or encumbrance;
(2) to seed the land subject to the conservation easement, as specified in the
agreement, to establish and maintain perennial cover of either a grass-legume mixture or
native grasses for the term of the easement, at seeding rates determined by the board; or
to plant trees or carry out other long-term capital improvements approved by the board
for soil and water conservation or wildlife management;
(3) to convey to the state a permanent easement for the wetland restoration;
(4) that other land supporting natural vegetation owned or leased as part of the
same farm operation at the time of application, if it supports natural vegetation or and
has not been used in agricultural crop production, will not be converted to agricultural
crop production or pasture; and
(5) that the easement duration may be lengthened through mutual agreement with
the board in consultation with the commissioners of agriculture and natural resources
if they determine that the changes effectuate the purpose of the program or facilitate
its administration.

    Sec. 20. Minnesota Statutes 2008, section 103F.515, subdivision 6, is amended to read:
    Subd. 6. Payments for conservation easements and establishment of cover
conservation practices. (a) The board must make the following shall establish rates
for payments to the landowner for the conservation easement and agreement: related
practices. The board shall consider market factors, including the township average
equalized estimated market value of property as established by the commissioner of
revenue at the time of easement application.
(1) to establish the perennial cover or other improvements required by the agreement:
(i) except as provided in items (ii) and (iii), up to 75 percent of the total eligible cost
not to exceed $125 per acre for limited duration easements and 100 percent of the total
eligible cost not to exceed $150 per acre for perpetual easements;
(ii) for native species restoration, 75 percent of the total eligible cost not to exceed
$200 per acre for limited duration easements and 100 percent of the total eligible cost not
to exceed $300 per acre for perpetual easements; and
(iii) 100 percent of the total eligible cost of wetland restoration not to exceed $600
per acre;
(2) for the cost of planting trees required by the agreement, up to 75 percent of the
total eligible cost not to exceed $250 per acre for limited duration easements, and 100
percent of the total eligible cost not to exceed $400 per acre for perpetual easements;
(3) for a permanent easement, 70 percent of the township average equalized
estimated market value of agricultural property as established by the commissioner of
revenue at the time of easement application;
(4) for an easement of limited duration, 90 percent of the present value of the
average of the accepted bids for the federal conservation reserve program, as contained in
Public Law 99-198, in the relevant geographic area and on bids accepted at the time of
easement application; or
(5) an alternative payment system for easements based on cash rent or a similar
system as may be determined by the board.
(b) For hillside pasture conservation easements, the payments to the landowner in
paragraph (a) for the conservation easement and agreement must be reduced to reflect the
value of similar property.
(c) (b) The board may establish a payment system for flowage easements acquired
under this section.
(d) (c) For wetland restoration projects involving more than one conservation
easement, state payments for restoration costs may exceed the limits set forth in this section
by the board for an individual easement provided the total payment for the restoration
project does not exceed the amount payable for the total number of acres involved.
(e) (d) The board may use available nonstate funds to exceed the payment limits
in this section.

    Sec. 21. Minnesota Statutes 2008, section 103F.521, subdivision 1, is amended to read:
    Subdivision 1. Cooperation. In implementing sections 103F.505 to 103F.531, the
board must share information and cooperate with the Department of Agriculture, the
Department of Natural Resources, the Pollution Control Agency, the United States Fish
and Wildlife Service, the Agricultural Stabilization and Conservation Service and Soil
Conservation Service of the United States Department of Agriculture, the Minnesota
Extension Service, the University of Minnesota, county boards, soil and water conservation
districts, watershed districts, and interested private organizations and individuals.

    Sec. 22. Minnesota Statutes 2008, section 103F.525, is amended to read:
103F.525 SUPPLEMENTAL PAYMENTS ON FEDERAL AND STATE
CONSERVATION PROGRAMS.
The board may supplement payments made under federal land retirement programs
to the extent of available appropriations other than bond proceeds. The supplemental
payments must be used to establish perennial cover on land enrolled or increase payments
for land enrollment in programs approved by the board, including the federal conservation
reserve program and federal and state water bank program.

    Sec. 23. Minnesota Statutes 2008, section 103F.526, is amended to read:
103F.526 FOOD PLOTS IN WINDBREAKS.
The board, in cooperation with the commissioner of natural resources, may authorize
wildlife food plots on land with windbreaks enrolled in a conservation easement under
section 103F.515.

    Sec. 24. Minnesota Statutes 2008, section 103F.531, is amended to read:
103F.531 RULEMAKING.
The board may adopt rules or policy to implement sections 103F.505 to 103F.531.
The rules must include standards for tree planting so that planting does not conflict with
existing electrical lines, telephone lines, rights-of-way, or drainage ditches.

    Sec. 25. Minnesota Statutes 2008, section 103F.535, subdivision 5, is amended to read:
    Subd. 5. Release and alteration of conservation easements. Conservation
easements existing under this section, as of April 30, 1992, may be altered, released,
or terminated by the board of Water and Soil Resources after consultation with the
commissioners of agriculture and natural resources. The board may alter, release, or
terminate a conservation easement only if the board determines that the public interest and
general welfare are better served by the alteration, release, or termination.

    Sec. 26. [116.201] COAL TAR.
A state agency may not purchase undiluted coal tar sealant. For the purposes of this
section, "undiluted coal tar sealant" means a sealant material containing coal tar that
has not been mixed with asphalt and is for use on asphalt surfaces, including driveways
and parking lots.
EFFECTIVE DATE.This section is effective July 1, 2010.

    Sec. 27. Minnesota Statutes 2008, section 116G.15, is amended to read:
116G.15 MISSISSIPPI RIVER CORRIDOR CRITICAL AREA.
    Subdivision 1. Establishment; purpose. (a) The federal Mississippi National
River and Recreation Area established pursuant to United States Code, title 16, section
460zz-2(k), is designated an area of critical concern in accordance with this chapter. The
governor shall review the existing Mississippi River critical area plan and specify any
additional standards and guidelines to affected communities in accordance with section
116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of
the area pending the completion of the federal plan. The purpose of the designation is to:
(1) protect and preserve the Mississippi River and adjacent lands that the legislature
finds to be unique and valuable state and regional resources for the benefit of the health,
safety, and welfare of the citizens of the state, region, and nation;
(2) prevent and mitigate irreversible damages to these state, regional, and natural
resources;
(3) preserve and enhance the natural, aesthetic, cultural, and historical values of the
Mississippi River and adjacent lands for public use and benefit;
(4) protect and preserve the Mississippi River as an essential element in the national,
state, and regional transportation, sewer and water, and recreational systems; and
(5) protect and preserve the biological and ecological functions of the Mississippi
River corridor.
The results of an environmental impact statement prepared under chapter 116D
begun before and completed after July 1, 1994, for a proposed project that is located in
the Mississippi River critical area north of the United States Army Corps of Engineers
Lock and Dam Number One must be submitted in a report to the chairs of the environment
and natural resources policy and finance committees of the house of representatives
and the senate prior to the issuance of any state or local permits and the authorization
for an issuance of any bonds for the project. A report made under this paragraph shall
be submitted by the responsible governmental unit that prepared the environmental
impact statement, and must list alternatives to the project that are determined by the
environmental impact statement to be economically less expensive and environmentally
superior to the proposed project and identify any legislative actions that may assist in the
implementation of environmentally superior alternatives. This paragraph does not apply
to a proposed project to be carried out by the Metropolitan Council or a metropolitan
agency as defined in section 473.121.
(b) If the results of an environmental impact statement required to be submitted by
paragraph (a) indicate that there is an economically less expensive and environmentally
superior alternative, then no member agency of the Environmental Quality Board shall
issue a permit for the facility that is the subject of the environmental impact statement,
other than an economically less expensive and environmentally superior alternative,
nor shall any government bonds be issued for the facility, other than an economically
less expensive and environmentally superior alternative, until after the legislature has
adjourned its regular session sine die in 1996.
    Subd. 2. Administration; duties. (a) The commissioner of natural resources may
adopt rules under chapter 14 as are necessary for the administration of the Mississippi
River corridor critical area program. Duties of the Environmental Quality Council or the
Environmental Quality Board referenced in this chapter, related rules, and the governor's
executive order number 79-19, published in the State Register on March 12, 1979,
that are related to the Mississippi River corridor critical area shall be the duties of the
commissioner. All rules adopted by the board pursuant to these duties remain in effect
and shall be enforced until amended or repealed by the commissioner in accordance with
law. The commissioner shall work in consultation with the United States Army Corps of
Engineers, the National Park Service, the Metropolitan Council, other agencies, and local
units of government to ensure that the Mississippi River corridor critical area is managed
as a multipurpose resource in a way that:
(1) conserves the scenic, environmental, recreational, mineral, economic, cultural,
and historic resources and functions of the river corridor;
(2) maintains the river channel for transportation by providing and maintaining
barging and fleeting areas in appropriate locations consistent with the character of the
Mississippi River and riverfront;
(3) provides for the continuation and development of a variety of urban uses,
including industrial and commercial uses, and residential uses, where appropriate, within
the Mississippi River corridor;
(4) utilizes certain reaches of the river as a source of water supply and as a receiving
water for properly treated sewage, stormwater, and industrial waste effluents; and
(5) protects and preserves the biological and ecological functions of the corridor.
(b) The Metropolitan Council shall incorporate the standards developed under
this section into its planning and shall work with local units of government and the
commissioner to ensure the standards are being adopted and implemented appropriately.
(c) The rules must be consistent with residential nonconformity provisions under
sections 394.36 and 462.357.
    Subd. 3. Districts. The commissioner shall establish, by rule, districts within
the Mississippi River corridor critical area. The commissioner must seek to determine
an appropriate number of districts within any one municipality and take into account
municipal plans and policies, and existing ordinances and conditions. The commissioner
shall consider the following when establishing the districts:
(1) the protection of the major features of the river in existence as of March 12, 1979;
(2) the protection of improvements such as parks, trails, natural areas, recreational
areas, and interpretive centers;
(3) the use of the Mississippi River as a source of drinking water;
(4) the protection of resources identified in the Mississippi National River and
Recreation Area Comprehensive Management Plan;
(5) the protection of resources identified in comprehensive plans developed by
counties, cities, and towns within the Mississippi River corridor critical area;
(6) the intent of the Mississippi River corridor critical area land use districts from
the governor's executive order number 79-19, published in the State Register on March
12, 1979; and
(7) identified scenic, geologic, and ecological resources.
    Subd. 4. Standards. (a) The commissioner shall establish, by rule, minimum
guidelines and standards for the districts established in subdivision 3. The guidelines and
standards for each district shall include the intent of each district and key resources and
features to be protected or enhanced based upon paragraph (b). The commissioner must
take into account municipal plans and policies, and existing ordinances and conditions
when developing the guidelines in this section. The commissioner may provide certain
exceptions and criteria for standards, including, but not limited to, exceptions for river
access facilities, water supply facilities, stormwater facilities, and wastewater treatment
facilities, and hydropower facilities.
(b) The guidelines and standards must protect or enhance the following key
resources and features:
(1) floodplains;
(2) wetlands;
(3) gorges;
(4) areas of confluence with key tributaries;
(5) natural drainage routes;
(6) shorelines and riverbanks;
(7) bluffs;
(8) steep slopes and very steep slopes;
(9) unstable soils and bedrock;
(10) significant existing vegetative stands, tree canopies, and native plant
communities;
(11) scenic views and vistas;
(12) publicly owned parks, trails, and open spaces;
(13) cultural and historic sites and structures; and
(14) water quality.
(c) The commissioner shall establish a map to define bluffs and bluff-related features
within the Mississippi River corridor critical area. At the outset of the rulemaking process,
the commissioner shall create a preliminary map of all the bluffs and bluff lines within
the Mississippi River corridor critical area, based on the guidelines in paragraph (d). The
rulemaking process shall provide an opportunity to refine the preliminary bluff map. The
commissioner may add to or remove areas of demonstrably unique or atypical conditions
that warrant special protection or exemption. At the end of the rulemaking process, the
commissioner shall adopt a final bluff map that contains associated features, including
bluff lines, bases of bluffs, steep slopes, and very steep slopes.
(d) The following guidelines shall be used by the commissioner to create a
preliminary bluff map as part of the rulemaking process:
(1) "bluff face" or "bluff" means the area between the bluff line and the bluff base. A
high, steep, natural topographic feature such as a broad hill, cliff, or embankment with
a slope of 18 percent or greater and a vertical rise of at least ten feet between the bluff
base and the bluff line;
(2) "bluff line" means a line delineating the top of a slope connecting the points
at which the slope becomes less than 18 percent. More than one bluff line may be
encountered proceeding upslope from the river valley;
(3) "base of the bluff" means a line delineating the bottom of a slope connecting
the points at which the slope becomes 18 percent or greater. More than one bluff base
may be encountered proceeding landward from the water;
(4) "steep slopes" means 12 percent to 18 percent slopes. Steep slopes are natural
topographic features with an average slope of 12 to 18 percent measured over a horizontal
distance of 50 feet or more; and
(5) "very steep slopes" means slopes 18 percent or greater. Very steep slopes are
natural topographic features with an average slope of 18 percent or greater, measured over
a horizontal distance of 50 feet or more.
    Subd. 5. Application. The standards established under this section shall be used:
(1) by local units of government when preparing or updating plans or modifying
regulations;
(2) by state and regional agencies for permit regulation and in developing plans
within their jurisdiction;
(3) by the Metropolitan Council for reviewing plans and regulations; and
(4) by the commissioner when approving plans and regulations, and reviewing
development permit applications.
    Subd. 6. Notification; fees. A local unit of government or a regional or state agency
shall notify the commissioner of natural resources of all developments in the corridor that
require discretionary actions under their rules at least ten days before taking final action
on the application. The commissioner may establish exemptions from the notification
requirement for certain types of applications. For purposes of this section, a discretionary
action includes all actions that require a public hearing, including variances, conditional
use permits, and zoning amendments.
    Subd. 7. Rules. The commissioner shall adopt rules to ensure compliance with this
section. By January 15, 2010, the commissioner shall begin the rulemaking required
by this section under chapter 14.

    Sec. 28. PREVENTION OF WATER POLLUTION FROM POLYCYCLIC
AROMATIC HYDROCARBONS.
(a) By January 15, 2010, the commissioner of the Pollution Control Agency shall
notify state agencies and local units of government of the potential for contamination of
constructed storm water ponds and wetlands or natural ponds used for the collection
of storm water via constructed conveyances with polycyclic aromatic hydrocarbons
from the use of coal tar sealant products. For the purpose of this section, a storm water
pond is a treatment pond constructed and operated for water quality treatment, storm
water detention, and flood control. Storm water ponds do not include areas of temporary
ponding, such as ponds that exist only during a construction project or short-term
accumulations of water in road ditches.
(b) By January 15, 2010, the commissioner of the Pollution Control Agency shall
establish a schedule and information requirements for state agencies and local units of
government regulated under a national pollutant discharge elimination system or state
disposal system permit for municipal separate storm sewer systems to report to the
commissioner of the Pollution Control Agency on all storm water ponds and other waters
defined in paragraph (a) located within their jurisdiction.
(c) The commissioner of the Pollution Control Agency shall develop best
management practices for state agencies and local units of government regulated under
a national pollutant discharge elimination system or state disposal system permit for
municipal separate storm sewer systems treating or cleaning up contaminated sediments
in storm water ponds and other waters defined under paragraph (a) and make the best
management practices available on the agency's Web site. As part of the development of
the best management practices, the commissioner shall:
(1) sample a set of storm water pond sediments in residential, commercial, and
industrial areas for polycyclic aromatic hydrocarbons and other contaminants of potential
concern;
(2) investigate the feasibility of screening methods to provide more cost-effective
analytical results and to identify which kinds of ponds are likely to have the highest
concentrations of polycyclic aromatic hydrocarbons; and
(3) develop guidance on testing, treatment, removal, and disposal of polycyclic
aromatic hydrocarbon contaminated sediments.
(d) The commissioner of the Pollution Control Agency shall incorporate the
requirements for inventory and best management practices specified in paragraphs (b) and
(c) into the next permitting cycle for the national pollutant discharge elimination system or
state disposal system permit for municipal separate storm sewer systems.

    Sec. 29. ENDOCRINE-DISRUPTOR MONITORING.
(a) The commissioner of the Pollution Control Agency shall establish a network of
water monitoring sites in public waters adjacent to wastewater treatment facilities across
the state to assess levels of endocrine disrupting compounds, antibiotic compounds, and
pharmaceuticals.
(b) Each of the monitoring sites must provide enhanced monitoring of the effluent
at the discharge point of the wastewater treatment facility and monitoring of the public
waters above and below the discharge point.
(c) The monitoring sites must be located throughout the state, represent a variety of
wastewater treatment facility sizes based on the number of gallons of water discharged per
day, and represent a variety of waste treatment systems used for primary, secondary, and
tertiary disinfecting treatment and management of biosolids.
(d) In establishing the monitoring network, the commissioner of the Pollution
Control Agency must consult with the commissioners of health and natural resources, the
United States Geological Survey, the Metropolitan Council, local wastewater treatment
facility operators, and the Water Resources Center at the University of Minnesota.
Consideration may be given to monitoring sites at facilities identified as part of a total
maximum daily load study and facilities located on a water body identified for enhanced
protection. The initial monitoring network must include at least ten sites.
(e) Monitoring must include, but is not limited to, endocrine-disrupting compounds
from natural and synthetic hormones, pharmaceuticals, personal care products, and
a range of industrial products and by-products. At a minimum, concentrations of
estrone, nonylphenol, bisphenol-A, 17-beta-estradiol, 17-alpha-ethynylestradiol, estriol,
and antibacterial triclosan must be monitored. Additional compounds, antibacterial
compounds, and pharmaceuticals potentially impacting human health and aquatic
communities may be considered for identification and monitoring including, but not
limited to, nonylphenol ethoxylates, octylphenol, and octylphenol ethoxylates; the
hormones androstenedione, trenbelone, and diethylphthalate; antidepressant medications,
including fluoxetine and fluvoxamine; carbamazepine; and triclocarban.
(f) The commissioner of the Pollution Control Agency shall begin the monitoring
and testing required under this section no later than November 1, 2009. Information
about requirements under this section and the results from the monitoring and testing
must be available on the agency's Web site by June 1, 2010. The commissioner shall
submit a preliminary report on the results of the monitoring and testing to the chairs of the
legislative committees with jurisdiction over environment and natural resources policy
and finance by April 15, 2010, and a final report no later than January 15, 2011.

    Sec. 30. COMPREHENSIVE STATEWIDE SUSTAINABLE WATER
RESOURCES DETAILED FRAMEWORK.
(a) The University of Minnesota shall develop a comprehensive statewide
sustainable water resources detailed framework to protect, conserve, and enhance the
quantity and quality of the state's groundwater and surface water. The detailed framework
shall be a long-range, 25-year detailed framework, with an implementation schedule and
associated benchmarks, for policy, research, monitoring, and evaluation in order to achieve
sustainable groundwater and surface water use, including the ecological benefits provided
by water resources to humans and fish and wildlife habitat. For the purposes of the detailed
framework, water use is sustainable when the use does not harm ecosystems, degrade
water quality, or compromise the ability of future generations to meet their own needs.
(b) The detailed framework shall be developed by the University of Minnesota
Water Resources Center in cooperation with the Departments of Natural Resources and
Agriculture, the Environmental Quality Board, the Pollution Control Agency, the Board
of Water and Soil Resources, watershed management districts, watershed management
organizations, soil and water conservation districts, and other federal, state, and local
government and private nonprofits with expertise in water resources. In developing the
detailed framework, the water resources plans of organizations with water resources
expertise shall be considered. The detailed framework must include, but is not limited to,
identification of infrastructure needs, drinking water, groundwater and surface water, storm
water, agricultural and industrial needs, the interfaces of climate change, development
and land use, and demographics. The detailed framework must identify best practices and
methods for determining the effectiveness of those practices for wastewater treatment,
drinking water source protection, pollution prevention, conservation, and water valuation.
(c) The University of Minnesota shall also develop a ten-year plan for sustainable
water resources. In developing this plan, the University of Minnesota Water Resources
Center shall examine existing plans, as available and appropriate, from the Environmental
Quality Board and Clean Water Council.
(d) The University of Minnesota shall submit the detailed framework to the chairs
and ranking minority members of the legislative committees with jurisdiction over
agriculture policy and finance, environment and natural resources policy and finance, and
cultural and outdoor resources policy and finance by January 15, 2011.
(e) It is a condition of acceptance of this appropriation that the University of
Minnesota must submit a work plan, a timeline, a budget, and periodic progress reports
to the Legislative Coordinating Commission. After review, the work plan, progress
reports, and any comments on the plan must be submitted to the house of representatives
and senate environment finance and policy and cultural and outdoor resources finance
committees, and to the Legislative Coordinating Commission.

    Sec. 31. REVISOR'S INSTRUCTION.
The revisor of statutes shall change the term "conservation reserve program" to
"reinvest in Minnesota reserve program" where it appears in Minnesota Statutes, sections
84.95, subdivision 2; 92.70, subdivision 1; and 103H.105.

    Sec. 32. REPEALER.
(a) Minnesota Statutes 2008, sections 103B.101, subdivision 11; 103F.511,
subdivision 4; and 103F.521, subdivision 2, are repealed.
(b) Minnesota Rules, parts 8400.3130; 8400.3160; 8400.3200; 8400.3230;
8400.3330; 8400.3360; 8400.3390; 8400.3500; 8400.3530; and 8400.3560, are repealed.

ARTICLE 3
PARKS AND TRAILS FUND


Section 1. PARKS AND TRAILS FUND APPROPRIATIONS.
    The sums shown in the columns marked "Appropriations" are appropriated to
the agencies and for the purposes specified in this article. The appropriations are from
the parks and trails fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2010" and "2011" used in this article 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. Appropriations for the
fiscal year ending June 30, 2009, are effective the day following final enactment. All
appropriations in this article are onetime.

APPROPRIATIONS

Available for the Year

Ending June 30

2010
2011



Sec. 2. DEPARTMENT OF NATURAL
RESOURCES
$
16,861,000
$
20,040,000
(a) $250,000 the first year is for a
collaborative project to develop a 25-year,
long-term plan for parks and trails. This
appropriation is available until June 30, 2011.
(b) $12,641,000 the first year and
$15,140,000 the second year are for state
parks, recreation areas, and trails to:
(1) connect people to the outdoors by
providing access, conservation education
and interpretive services, including the
Minnesota Naturalist Corps under new
Minnesota Statutes, section 84.992,
enhanced marketing and technology, opening
or reopening visitor centers advancing
new conservation education, enhanced
cross-country skiing, and producing a new
parks and trails map integrating state parks,
recreation areas, forest campgrounds, trails,
and regional park and trail facilities that is
available in print and on the Web;
(2) accelerate natural resource management,
restoration, and protection activities at state
parks, including:
(i) restoring at least 500 additional acres of
state park land;
(ii) conducting invasive species detection,
prevention, and response activities on at least
4,000 acres of state park lands and waters
and reestablishing native plants, shrubs, and
trees after invasive species removal;
(iii) providing rapid response to terrestrial
and aquatic new invasive species detections
and infestations on state park lands and
waters and state trails;
(iv) conducting prescribed burns on an
additional 6,000 acres; and
(v) restoring and managing native prairies
and woodlands along at least six percent of
the developed miles of state trails, including
removing invasive species;
(3) accelerate facility maintenance and
rehabilitation, including energy-efficiency
improvements and the use of renewable
sources of energy, such as solar energy.
(c) The commissioner shall contract for
services with the Minnesota Conservation
Corps for restoration, maintenance, and
other activities under this section for at least
$600,000 the first year and $1,000,000 the
second year.
(d) $3,970,000 the first year and $4,900,000
the second year are for grants under new
Minnesota Statutes, section 85.535, to
parks and trails recognized as meeting the
constitutional requirement of being a park
or trail of regional or statewide significance.
Grants under this section must be used only
for acquisition, development, restoration,
and maintenance. Of this amount, $500,000
the first year and $600,000 the second year
are for grants for solar energy projects. Up to
2.5 percent of this appropriation may be used
for administering the grants.
(e) The commissioner shall develop a
ten-year strategic state parks and trails
plan considering traditional funding and
the funding available under the Minnesota
Constitution, article XI, section 15. The plan
shall incorporate the 25-year framework
developed by the University of Minnesota
Center for Changing Landscapes.
The commissioner shall submit an annual
report on the expenditure and use of money
appropriated under this section to the
legislature as provided in Minnesota Statutes,
section 3.195. The first year report must be
submitted by March 1, 2010. In subsequent
years the report shall be submitted by January
15. The report must relate the expenditure of
funds by the categories established and detail
the outcomes in terms of additional use of
parks and trails resources, user satisfaction
surveys, and other appropriate outcomes.
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 from genetic
contamination.


Sec. 3. METROPOLITAN COUNCIL
$
12,641,000
$
15,140,000
(a) $12,641,000 the first year and
$15,140,000 the second year are from the
parks and trails fund to be distributed as
required under new Minnesota Statutes,
section 85.535, subdivision 3, except that
of this amount, $40,000 the first year is for
a grant to Hennepin County to plant trees
along the Victory Memorial Parkway.
(b) The Metropolitan Council shall submit
a report on the expenditure and use of
money appropriated under this section to
the legislature as provided in Minnesota
Statutes, section 3.195, by March 1 of each
year. The report must detail the outcomes in
terms of additional use of parks and trails
resources, user satisfaction surveys, and
other appropriate outcomes.
(c) Grant agreements entered into by the
Metropolitan Council and recipients of
money appropriated under this section shall
ensure that the funds are used to supplement
and not substitute for traditional sources of
funding.
(d) The implementing agencies receiving
appropriations under this section shall
give consideration to contracting with the
Minnesota Conservation Corps for contract
restoration, maintenance, and other activities.


Sec. 4. UNIVERSITY OF MINNESOTA
$
400,000
$
-0-
To the Board of Regents of the University
of Minnesota for the Center for Changing
Landscapes to create a comprehensive
statewide parks and trails framework and
system inventory. This appropriation is
available until June 30, 2011.


Sec. 5. LEGISLATURE
$
15,000
$
-0-
$15,000 the first year is for the Legislative
Coordinating Commission for the Web site
required under this act.

    Sec. 6. CREATION OF A PARKS AND TRAILS INVENTORY, FRAMEWORK,
AND PLAN.
    Subdivision 1. Inventory and framework development. (a) The University of
Minnesota Center for Changing Landscapes is directed to create a long-range framework
for an integrated statewide parks and trails system that provides information on the natural
resource-based recreational opportunities available throughout the state. The detailed
framework must include an inventory of existing regionally and statewide significant
parks and trails, respond to recreational trends and demographic changes, and identify
underserved areas, overused facilities, and gaps in the current parks and trails system. The
framework must identify opportunities for enhancing existing assets, developing new
assets, and linking those assets together effectively within realistic financial resources. In
developing the framework and creating the inventory, the Center for Changing Landscapes
shall use geographic information system technology, aerial photographs, and other
pertinent data from government agencies.
(b) As part of the inventory, the Center for Changing Landscapes shall develop a
user-friendly Web-based guide for information on state and regional parks in the state.
The Department of Natural Resources, the Office of Explore Minnesota Tourism, and the
Metropolitan Council shall work with the Center for Changing Landscapes to ensure that
all the information currently available on their Web sites is incorporated into the newly
developed statewide Web system. The statewide parks and trails Web guide shall be
incorporated into the Department of Natural Resources Web site.
(c) In developing the framework and inventory, the Center for Changing Landscapes
shall consult with the Department of Natural Resources, the Office of Explore Minnesota
Tourism, the Metropolitan Council, local units of government, park and trail groups,
the public, and other stakeholder groups. The Center for Changing Landscapes shall
participate and be actively involved in the collaborative under subdivision 2.
(d) The Center for Changing Landscapes shall submit the framework and a summary
of the inventory in a report to the commissioner of natural resources and to the chairs and
ranking minority members of the senate and house of representatives committees and
divisions having jurisdiction over natural resources policy and finance by January 15, 2011.
    Subd. 2. State and regional parks and trails plan. (a) The commissioner
of natural resources shall participate in a collaborative project to develop a 25-year,
long-range plan for the use of the money available in the parks and trails fund under
the Minnesota Constitution, article XI, section 15, and other traditional sources of
funding. The collaborative project shall consist of a joint effort between representatives
of the commissioner of natural resources, the Office of Explore Minnesota Tourism, the
Metropolitan Council and its implementing agencies, the Central Minnesota Regional
Parks and Trails Coordinating Board, and regional parks and trails organizations outside
the metropolitan area. The members shall prepare a ten-year strategic parks and trails
coordination plan and develop a 25-year, long-range plan for use of the funding that
includes goals and measurable outcomes and includes a vision for Minnesotans of what
the state and regional parks will look like in 25 years.
(b) In developing the plans, the members shall utilize a process, including Web
site survey tools and regional listening sessions, to be staffed by the commissioner, that
ensures that citizens are included in development and finalization of the final plans. The
commissioner, office, council, and board shall provide for input from user groups and local
and regional park and trail organizations.
(c) The plans must consider the framework and inventory developed by the
University of Minnesota Center for Changing Landscapes and must include, but is not
limited to:
(1) a proposed definition of "parks and trails of regional significance";
(2) a plan to increase the number of visitors to state and regional parks;
(3) assessment of the need for new or expanded regional outdoor recreation systems
to preserve and connect high-quality, diverse natural resources in areas with concentrated
and increasing populations;
(4) budgeting for ongoing maintenance;
(5) decommissions;
(6) a plan for trails that takes into account connectivity and the potential for use
by commuters;
(7) requirements for local contribution; and
(8) benchmarks.
(d) The commissioner shall submit the ten-year strategic plan and 25-year long-range
plan to the legislature as provided in Minnesota Statutes, section 3.195, by February
15, 2011.
    Subd. 3. Parks and trails budget analysis. The commissioner of natural resources,
in consultation with the commissioner of finance, shall estimate the total amount of
funding available from all sources, including the parks and trails fund, for parks and trails
over the next ten and 25 years. The commissioner shall develop a range of estimates to
reflect different funding scenarios based on economic and other factors. The commissioner
and others shall use these estimates in preparing the ten-year strategic parks and trails plan
and the 25-year long-range plan required under this section, including, but not limited to,
evaluating the range of estimated funds available to determine:
(1) the amount necessary to operate existing parks and trails for the next ten and
25 years;
(2) the amount necessary to provide maintenance for existing parks and trails for
the next ten and 25 years;
(3) the adequacy of funding to support expansion of the existing park system; and
(4) the adequacy of funding to support expansion of the existing trail system
The commissioner shall submit the estimates to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over the
environment and natural resources finance and the parks and trails fund by August 1, 2009.

    Sec. 7. AVAILABILITY OF APPROPRIATIONS.
Unless otherwise provided, the amounts in this article are available until June
30, 2011, when projects must be completed and final accomplishments reported.
Appropriations for 2011 are available for use until June 30, 2012. For acquisition of an
interest in real property, the amounts in this section appropriated in fiscal year 2010 are
available until June 30, 2012, and the amounts in this section appropriated in fiscal year
2011 are available until June 30, 2013. If a project receives federal funds, the time period
of the appropriation is extended to equal the availability of federal funding.

    Sec. 8. [84.992] MINNESOTA NATURALIST CORPS.
    Subdivision 1. Establishment. The Minnesota Naturalist Corps is established under
the direct control and supervision of the commissioner of natural resources.
    Subd. 2. Program. The commissioner of natural resources shall develop a program
for the Minnesota Naturalist Corps that supports state parks in providing interpretation
of the natural and cultural features of state parks in order to enhance visitors' awareness,
understanding, and appreciation of those features and encourages the wise and sustainable
use of the environment.
    Subd. 3. Training and mentoring. The commissioner must develop and implement
a training program that adequately prepares Minnesota Naturalist Corps members for the
tasks assigned. Each corps member shall be assigned a state park naturalist as a mentor.
    Subd. 4. Uniform patch. Uniforms worn by members of the Minnesota Naturalist
Corps must have a patch that includes the name of the Minnesota Naturalist Corps and
information that the program is funded by the clean water, land, and legacy amendment to
the Minnesota Constitution adopted by the voters in November 2008.
    Subd. 5. Eligibility. A person is eligible to enroll in the Minnesota Naturalist
Corps if the person:
(1) is a permanent resident of the state;
(2) is a participant in an approved college internship program or has a postsecondary
degree in a natural resource or conservation related field; and
(3) has completed at least one year of postsecondary education.
    Subd. 6. Corps member status. Minnesota Naturalist Corps members are not
eligible for unemployment benefits if their services are excluded under section 268.035,
subdivision 20, and are not eligible for other benefits except workers' compensation. The
corps members are not employees of the state within the meaning of section 43A.02,
subdivision 21.
    Subd. 7. Employee displacement. The commissioner must certify that the
assignment of Minnesota Naturalist Corps members will not result in the displacement of
currently employed workers or workers on seasonal layoff or layoff from a substantially
equivalent position, including partial displacement such as reduction in hours of
nonovertime work, wages, or other employment benefits. The department may not
terminate, lay off, reduce the seasonal hours of, or reduce the working hours of any
employee for the purpose of using a corps member with available funds.

    Sec. 9. [85.535] PARKS AND TRAILS GRANT PROGRAM.
    Subdivision 1. Establishment. The commissioner of natural resources shall
administer a program to provide grants from the parks and trails fund to support parks and
trails of regional or statewide significance. Grants shall not be made under this section for
state parks, state recreational areas, or state trails.
    Subd. 2. Priorities. In awarding trails grants under this section, the commissioner
shall give priority to trail projects that provide:
(1) connectivity;
(2) enhanced opportunities for commuters; and
(3) enhanced safety.
    Subd. 3. Match. Recipients must provide a nonstate cash match of at least 25
percent of the total eligible project costs.
    Subd. 4. Rule exemption. The commissioner is not subject to the rulemaking
provisions of chapter 14 in implementing this section, and section 14.386 does not apply.

ARTICLE 4
ARTS AND CULTURAL HERITAGE FUND


Section 1. ARTS AND CULTURAL HERITAGE FUND APPROPRIATIONS.
    The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the arts
and cultural heritage fund, and are available for the fiscal years indicated for allowable
activities under the Minnesota Constitution, article XI, section 15. The figures "2010" and
"2011" used in this article 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. Appropriations for the fiscal year ending June 30, 2009, are effective the
day following final enactment. All appropriations in this article are onetime.

APPROPRIATIONS

Available for the Year

Ending June 30

2010
2011


Sec. 2. ARTS AND CULTURAL HERITAGE

Subdivision 1.Total Appropriation
$
44,470,000
$
48,750,000
The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.Board of the Arts
21,650,000
21,650,000
(a) The appropriations in this subdivision
are to the Minnesota Board of the Arts
from the arts and cultural heritage fund.
Grants agreements entered into by the
Board of the Arts and other recipients of
appropriations in this section shall ensure
that these funds are used to supplement and
not supplant traditional sources of funding.
Appropriations made directly to the Board
of the Arts shall supplement, and shall not
substitute for traditional sources of funding.
Funds appropriated in the first year may
be carried over to the second. Each grant
program established within this appropriation
shall be separately administered from other
state appropriations for program planning
and outcome measurements, but may take
into consideration other state resources
awarded in the selection of applicants and
grant award size.
(b) Of the amounts in this subdivision:
(1) up to 78 percent of the money to support
Minnesota artists and arts organizations
in creating, producing, and presenting
high-quality arts activities; to overcome
barriers to accessing high-quality arts
activities; and to instill the arts into the
community and public life in this state.
A portion of these funds may be used to:
(i) pay attendance fees and travel costs
for youth to visit art museums, arts
performances, or other arts activities; or
(ii) bring artists to schools, libraries, or other
community centers or organizations for
teaching, training, or performance purposes;
(2) up to 15 percent of the money for
high-quality, age-appropriate arts education
for Minnesotans of all ages to develop
knowledge, skills, and understanding of the
arts.
A portion of this appropriation may be used
for grants to school districts to provide
materials or resources to teachers, students,
and parents to promote achievement of K-12
academic standards in the arts;
(3) up to five percent of the money for events
and activities that represent the diverse ethnic
and cultural arts traditions, including folk
and traditional artists and art organizations,
represented in this state; and
(4) up to three percent of the money
to administer grant programs, deliver
technical services, provide fiscal oversight
for the statewide system, and to ensure
accountability for these state resources.
The Board of the Arts, in partnership
with regional arts councils, shall conduct
a census of Minnesota artists and artistic
organizations.
Thirty percent of the total appropriated to
each of the categories established in this
subdivision is for grants to the regional arts
councils. This percentage does not apply to
administrative costs.
Any unexpended balance under this
subdivision is available in either year.
(c) Reporting
The executive director shall submit an annual
report on the expenditure and use of money
appropriated under this subdivision to the
legislature as provided in Minnesota Statutes,
section 3.195. The first year report must be
submitted by March 1, 2010. In subsequent
years the report shall be submitted by January
15. The report must relate the expenditure
of funds by the categories established in
this subdivision. Distinctive goals and
measurable outcomes shall be established
and reported on.

Subd. 3.Department of Education
4,250,000
4,250,000
These appropriations are for grants allocated
using existing formulas under Minnesota
Statutes, section 134.355, to the 12
Minnesota Regional Library Systems, to
provide educational opportunities in the arts,
history, literary arts, and cultural heritage
of Minnesota. No more than 2.5 percent of
funds may be used for administration by
regional library systems. These funds may
be used to sponsor programs provided by
regional libraries, or to provide grants to
local arts and cultural heritage programs
for programs in partnership with regional
libraries.

Subd. 4.Minnesota Historical Society
9,750,000
12,250,000
(a) The appropriations in this subdivision are
to the Minnesota Historical Society from the
arts and cultural heritage fund to preserve and
enhance access to Minnesota's history and
its cultural and historical resources. Grants
agreements entered into by the Minnesota
Historical Society and other recipients of
appropriations in this section shall ensure
that these funds are used to supplement
and not substitute for traditional sources of
funding. Funds directly appropriated to the
Minnesota Historical Society shall be used to
supplement, and not substitute for, traditional
sources of funding. Funds appropriated in
the first year may be carried over to the
second. No more than 2.5 percent of each
appropriation may be used for administration
by the Minnesota Historical Society. The
Minnesota Historical Society, with the
assistance of recipients funded under this
section, shall report on all expenditures
made from these funds to the legislature and
governor by January 15 of each year.
(b) Statewide Historic and Cultural
Grants. (i) $2,250,000 in 2010 and
$4,500,000 in 2011 are appropriated for
history programs and projects operated
or conducted by or through local, county,
regional or other historical or cultural
organizations; or for activities to preserve
significant historic and cultural resources.
Funds are to be distributed through a
competitive grants process. The Minnesota
Historical Society shall administer these
funds using established grants mechanisms,
and with assistance from the advisory
committee created herein. The Preston
grain elevator restoration and recreation
project shall be eligible for grants under this
program.
Also eligible for a grant under this section
are projects previously approved by the
Minnesota Historical Society that have had
this approved funding refused by a public
board or governing body, provided that these
projects are now administered by a nonprofit
organization.
Ironworld is eligible for a grant under this
program.
(ii) The Minnesota Historical Society
shall appoint a historic resources advisory
committee, with balanced statewide
membership and representatives of local,
county, and statewide historical and cultural
organizations and programs, to provide
policy and grant making guidance on
expenditures of funds from this paragraph.
This membership shall include, but is
not limited to, members representing the
interests of historic preservation, local
history, archaeology, archival programs, and
other cultural programs related to the history
of Minnesota. This committee shall seek
input from all interested parties, and shall
make recommendations for expenditures
from these funds to the executive council
of the Minnesota Historical Society; all
expenditures must meet the requirements of
Minnesota Statutes, section 138.01.
(c) Programs. $3,000,000 in 2010 and
$4,750,000 in 2011 are for programs and
purposes related to the historical and cultural
heritage of the state of Minnesota, conducted
by the Minnesota Historical Society.
(d) History Partnerships. $1,250,000
in 2010 and $2,750,000 in 2011 are
for partnerships between and with the
Minnesota Historical Society and partnering
organizations to enhance access to
Minnesota's history and cultural heritage in
all regions of the state.
(e) $2,500,000 in 2010 is appropriated to the
Minnesota Historical Society for an exhibit
on the regional, local, and cultural diversity
of Minnesota's history and cultural heritage.
These funds are available until expended.
These funds are for the creation of both
traveling exhibits to be made available to
local historical and cultural organizations
and an exhibit to be housed at the Minnesota
History Center. The Minnesota Historical
Society shall raise funds from private sources
to augment this appropriation, with a goal
of $1,500,000 in private funds to be raised.
This is not a match requirement, but the
Minnesota Historical Society shall certify
that a good faith effort has been made.
(f) Statewide Survey of Historical and
Archaeological Sites. $250,000 in 2010 and
$250,000 in 2011 are appropriated to the
Minnesota Historical Society for a contract
or contracts to be let on a competitive
basis to conduct a general statewide
survey of Minnesota's sites of historical,
archaeological, and cultural significance.
Results of this survey must be published in
a searchable form, available to the public on
a cost-free basis. The Minnesota Historical
Society, the Office of the State Archaeologist,
and the Board of Indian Affairs shall each
appoint a representative to an oversight
board, to select a contractor and direct
the conduct of this survey. The oversight
board shall consult with the Minnesota
Departments of Transportation and Natural
Resources. Funds appropriated for this
purpose do not cancel and may be carried
over from one year to the next.
(g) Digital Library. $500,000 in 2010 is
appropriated for a digital library project
to preserve, digitize, and share Minnesota
images, documents, and historic materials.
The Minnesota Historical Society shall
cooperate with the MINITEX system and
shall jointly share this appropriation for these
purposes.

Subd. 5.Department of Administration
6,500,000
7,900,000
(a) Funds in this subdivision are appropriated
to the commissioner of the Department
of Administration for grants to the named
organizations for the purposes specified
in this subdivision. Up to one percent of
funds may be used by the Department of
Administration for grants administration.
Grants made to public television or radio
organizations are subject to Minnesota
Statutes, sections 129D.18 and 129D.19.
(b) Grant agreements entered into by
the commissioner and recipients of
appropriations in this subdivision must
ensure that money appropriated in this
subdivision is used to supplement and
not substitute for traditional sources of
funding. No more than 2.5 percent of any
grant may be used by the recipient for
administration. A cultural grants advisory
board may be established by the Department
of Administration to provide advice and
assistance in the making of grants under this
subdivision. The board, if appointed, shall
consist of seven members, to be appointed
by the commissioner. One member shall
represent public radio and television, one
shall represent Minnesota zoos, one shall
represent the Minnesota Center for the
Humanities, and the remaining four shall be
appointed by the commissioner to represent a
diverse set of cultural interests. All recipients
of funds under this subdivision shall report
to the legislature by January 15 of each year
on uses of those funds.
(c) Public Television. $2,800,000 the first
year and $3,500,000 the second year are
appropriated for a grant to the Minnesota
Public Television Association for production
and acquisition grants in accordance with
new Minnesota Statutes, section 129D.18.
(d) Minnesota Public Radio. $1,150,000
the first year and $1,500,000 the second year
are appropriated for a grant to Minnesota
Public Radio to create new programming
and events, expand regional news service,
amplify Minnesota culture to a regional
and national audience, and document
Minnesota's history through the Minnesota
Audio Archives.
(e) Association of Minnesota Public
Educational Radio Stations. $1,150,000
the first year and $1,500,000 the second
year are appropriated for a grant to the
Association of Minnesota Public Radio
Stations for production and acquisition grants
in accordance with new Minnesota Statutes,
section 129D.19.
(f) Zoos. $450,000 in 2010 and $450,000 in
2011 are appropriated for the programmatic
development of Minnesota's zoos.
Three-quarters of this fund in any year
shall be reserved in equal portions each for
the Minnesota Zoo, the Como Zoo, and
the Lake Superior Zoo. The remainder
may be apportioned through a competitive
grants process or may be allocated by the
commissioner to zoos that are accredited by
the Association of Zoos and Aquariums or
that demonstrate to the commissioner a plan
for working toward that accreditation during
the biennium ending June 30, 2011.
(g) Minnesota State Capitol. The
Department of Administration, the Capitol
Area Architecture and Planning Board,
and the Minnesota Historical Society shall
consider and report to the legislature on
possible uses of funds created under the
Minnesota Constitution, article XI, section
15, for the restoration, renovation, and repair
of the State Capitol.

(h) Minnesota Children's Museum
$250,000 in 2010 and $250,000 in 2011 are
appropriated for the Minnesota Children's
Museum. These amounts are for arts, arts
education, and arts access and to preserve
Minnesota's history and cultural heritage.
The director shall submit an annual report
on the expenditure and use of money
appropriated under this paragraph to the
legislature as provided in Minnesota Statutes,
section 3.195. The first year report must be
submitted by March 1, 2010. In subsequent
years the report shall be submitted by
January 15. Notwithstanding Minnesota
Statutes, section 16A.28, the appropriations
encumbered on or before June 30, 2011,
as grants or contracts in this paragraph are
available until June 30, 2013.
(i) Duluth Children's Museum
$250,000 in 2010 and $250,000 in 2011
are appropriated for the Duluth Children's
Museum. These amounts are for arts, arts
education, and arts access and to preserve
Minnesota's history and cultural heritage.
The director shall submit an annual report
on the expenditure and use of money
appropriated under this paragraph to the
legislature as provided in Minnesota Statutes,
section 3.195. The first year report must be
submitted by March 1, 2010. In subsequent
years the report shall be submitted by
January 15. Notwithstanding Minnesota
Statutes, section 16A.28, the appropriations
encumbered on or before June 30, 2011,
as grants or contracts in this paragraph are
available until June 30, 2013.
(j) Science Museum of Minnesota
$450,000 in 2010 and $450,000 in 2011
are appropriated for the Science Museum
of Minnesota. These amounts are for
arts, arts education, and arts access and to
preserve Minnesota's history and cultural
heritage. The director shall submit an annual
report on the expenditure and use of money
appropriated under this paragraph to the
legislature as provided in Minnesota Statutes,
section 3.195. The first year report must be
submitted by March 1, 2010. In subsequent
years the report shall be submitted by
January 15. Notwithstanding Minnesota
Statutes, section 16A.28, the appropriations
encumbered on or before June 30, 2011,
as grants or contracts in this paragraph are
available until June 30, 2013.

Subd. 6.Minnesota Center for the Humanities
1,050,000
1,050,000
(a) $300,000 in 2010 and $300,000 in 2011
are appropriated to the Minnesota Center
for the Humanities for its programs and
purposes.
The Minnesota Center for the Humanities
may consider museums and organizations
celebrating the ethnic identities of
Minnesotans for grants from these funds.
The Minnesota Center for the Humanities
may develop a written plan for the
competitive issuance of these grants, and,
if developed, shall submit that plan for
review and approval by the Department of
Administration.
(b) Councils of Color. $125,000 in 2010
and $125,000 in 2011 are for programs
and cooperation between the Minnesota
Center for the Humanities and the Council
on Asian-Pacific Minnesotans. $125,000 in
2010 and $125,000 in 2011 are for programs
and cooperation between the Minnesota
Center for the Humanities and the Council
on Black Minnesotans. $125,000 in 2010
and $125,000 in 2011 are for programs and
cooperation between the Minnesota Center
for the Humanities and the Indian Affairs
Council. $125,000 in 2010 and $125,000
in 2011 are for programs and cooperation
between the Minnesota Center for the
Humanities and the Council on Affairs of
Chicano/Latino people. These programs
are for community events and programs to
celebrate and preserve the artistic, historical,
and cultural heritage of these peoples.
(c) Civics Education. $250,000 in 2010
and $250,000 in 2011 are appropriated to
the Minnesota Center for the Humanities for
grants to Kids Voting Minnesota, Learning
Law and Democracy Foundation, and
YMCA Youth in Government to conduct
civics education programs for the civic and
cultural development of Minnesota youth.

Subd. 7.Legislature
20,000
This appropriation is for the Legislative
Coordinating Commission to operate a Web
site for dedicated funds.

Subd. 8.Perpich Center For Arts Education
300,000
700,000
(a) These amounts are for arts, arts education,
and arts access and to preserve Minnesota's
history and cultural heritage.
(b) The director shall submit an annual
report on the expenditure and use of money
appropriated under this section to the
legislature as provided in Minnesota Statutes,
section 3.195. The first year report must be
submitted by March 1, 2010. In subsequent
years the report shall be submitted by January
15.
(c) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2011,
as grants or contracts in this section are
available until June 30, 2013.

    Sec. 3. INDIAN LANGUAGE PRESERVATION.
(a) $150,000 is appropriated in fiscal year 2010 from the arts and cultural heritage
fund to the Indian Affairs Council for the working group on Dakota and Ojibwe Language
Revitalization and Preservation created under article 4, section 5. Any balance in fiscal
year 2010 is available in fiscal year 2011.
(b) $550,000 in 2010 and $700,000 in 2011 are appropriated to the Indian Affairs
Council to issue grants for programs to preserve Dakota and Ojibwe Indian languages and
to foster educational programs in Dakota and Ojibwe languages.

    Sec. 4. APPROPRIATIONS.
    Subdivision 1. Director. The sums indicated in this section are appropriated from the
arts and cultural heritage fund to the Indian Affairs Council for the fiscal years designated.
    Subd. 2. Dakota and Ojibwe immersion programs. For a grant to the Niigaane
Ojibwe Immersion School and the Wicoie Nandagikendan Urban Immersion Project:

$
250,000
.....
2010

$
250,000
.....
2011
Of this amount, $125,000 each year is available for Niigaane Ojibwe Immersion School
and $125,000 each year is available for Wicoie Nandagikendan Urban Immersion Project
to:
(1) develop and expand K-12 curriculum;
(2) provide fluent speakers in the classroom;
(3) develop appropriate testing and evaluation procedures; and
(4) develop community-based training and engagement.

    Sec. 5. Minnesota Statutes 2008, section 129D.17, is amended to read:
129D.17 ARTS AND CULTURAL HERITAGE FUND.
    Subdivision 1. Establishment. The arts and cultural heritage fund is established in
the Minnesota Constitution, article XI, section 15. All money earned by the fund must
be credited to the fund.
    Subd. 2. Expenditures; accountability. (a) Funding from the arts and cultural
heritage fund may be spent only for arts, arts education, and arts access, and to preserve
Minnesota's history and cultural heritage. A project or program receiving funding from
the arts and cultural heritage fund must include measurable outcomes, and a plan for
measuring and evaluating the results. A project or program must be consistent with
current scholarship, or best practices, when appropriate and incorporate state-of-the-art
technology when appropriate.
(b) Funding from the arts and cultural heritage fund may be granted for an entire
project or for part of a project so long as the recipient provides a description and cost for
the entire project and can demonstrate that it has adequate resources to ensure that the
entire project will be completed.
(c) Money from the arts and cultural heritage fund shall be expended for benefits
across all regions and residents of the state.
(d) All information for funded projects, including the proposed measurable
outcomes, must be made available on the Legislative Coordinating Commission Web
site, as soon as practicable. Information on the measured outcomes and evaluation must
be posted as soon as it becomes available.
(e) Grants funded by the arts and cultural heritage fund must be implemented
according to section 16B.98 and must account for all expenditures of funds. Priority for
grant proposals must be given to proposals involving grants that will be competitively
awarded.
(f) A recipient of money from the arts and cultural heritage fund must display a sign
on capital projects during construction and an acknowledgment in a printed program or
other material funded with money from the arts and cultural heritage fund that identifies it
as a project funded with money from the vote of the people of Minnesota on November
4, 2008.
(g) All money from the arts and cultural heritage fund must be for projects located
in Minnesota.
    Subd. 3. Special review. For a project receiving an appropriation or appropriations
from the arts and cultural heritage fund totaling $10,000,000 or more in a biennium, the
attorney general must review and approve all contracts and real estate transactions and
must exercise due diligence in the best interests of the state.

    Sec. 6. [129D.18] PUBLIC TELEVISION CULTURAL AND HERITAGE
PRODUCTION AND ACQUISITION GRANTS.
    Subdivision 1. Use of grant funds. Money appropriated from the Minnesota arts
and cultural heritage fund may be designated to make grants to public stations, as defined
in section 129D.12, subdivision 2. Grants received under this section must be used to
create, produce, acquire, or distribute programs that educate, enhance, or promote local,
regional, or statewide items of artistic, cultural, or historic significance. Grant funds may
be used to cover any expenses associated with the creation, production, acquisition, or
distribution of public television programs through broadcast or online, including the
creation and distribution of educational materials.
    Subd. 2. Administration. Money appropriated under this section must be used by
the commissioner of administration to make grants based upon the recommendations of
the Minnesota Public Television Association.
    Subd. 3. Conditions. (a) A public station receiving funds appropriated under this
section must:
(1) make programs produced with these funds available for broadcast to all other
public stations eligible to receive grants under this section;
(2) offer free public performance rights for public educational institutions;
(3) archive programs produced with these funds and make the programs available
for future use through encore broadcast or other distribution, including online; and
(4) ensure that underwriting credit is given to the Minnesota arts and cultural
heritage fund.
(b) Programs produced in partnership with other mission-centered nonprofit
organizations may be used by the partnering organization for their own educational or
promotional purposes.
    Subd. 4. Reporting. A public station receiving funds appropriated under this
section must report annually by January 15 to the commissioner and the chairs and ranking
minority members of the senate and house of representatives committees and divisions
having jurisdiction over arts and cultural heritage policy and finance regarding how the
previous year's grant funds were expended. This report must contain specific information
for each program produced and broadcast, including the cost of production, the number
of stations broadcasting the program, estimated viewership, the number of Web site
downloads, and other related measures. If the programs produced include educational
material, the public station must report on these efforts.

    Sec. 7. [129D.19] ASSOCIATION OF MINNESOTA PUBLIC EDUCATIONAL
RADIO STATIONS CULTURAL AND HERITAGE PRODUCTION AND
ACQUISITION GRANTS.
    Subdivision 1. Applicability. This section applies only to noncommercial radio
stations that are members of the Association of Minnesota Public Educational Radio
Stations.
    Subd. 2. Use of grant funds. Money appropriated from the Minnesota arts and
cultural heritage fund may be designated to make grants to noncommercial radio stations,
as defined in section 129D.14, subdivision 2. Grants received under this section must be
used to create, produce, acquire, or distribute programs that educate, enhance, or promote
local, regional, or statewide items of artistic, cultural, or historic significance. Grant funds
may be used to cover any expenses associated with the creation, production, acquisition,
or distribution of noncommercial radio programs through broadcast.
    Subd. 3. Administration. Money appropriated under this section must be used by
the commissioner of administration to make grants based upon the recommendations of
the Association of Minnesota Public Educational Radio Stations.
    Subd. 4. Conditions. (a) A noncommercial radio station receiving funds
appropriated under this section must:
(1) make programs produced with these funds available for broadcast to all other
noncommercial radio stations eligible to receive grants under this section;
(2) offer free public performance rights for public educational institutions;
(3) archive programs produced with these funds and make the programs available
for future use through encore broadcast or other distribution, including online; and
(4) ensure that underwriting credit is given to the Minnesota arts and cultural
heritage fund.
(b) Programs produced in partnership with other mission-centered nonprofit
organizations may be used by the partnering organization for their own educational or
promotional purposes.
    Subd. 5. Reporting. A noncommercial radio station receiving funds appropriated
under this section must report annually by January 15 to the commissioner and the chairs
and ranking minority members of the senate and house of representatives committees and
divisions having jurisdiction over arts and cultural heritage policy and finance regarding
how the previous year's grant funds were expended. This report must contain specific
information for each program produced and broadcast, including the cost of production,
the number of stations broadcasting the program, estimated number of listeners, and
other related measures. If the programs produced include educational material, the
noncommercial radio station must report on these efforts.

    Sec. 8. ARTS AND CULTURAL HERITAGE FRAMEWORK.
Programs and organizations funded through the arts and cultural heritage fund shall
conduct a collaborative project to develop a ten-year plan and a 25-year framework for
the use of the money available in the arts and cultural heritage fund under the Minnesota
Constitution, article XI, section 15, and other traditional sources of funding. The
collaborative project shall consist of a joint effort between representatives nominated by
various listed organizations as follows: an arts education organization serving youth, an
arts education organization serving adults, a civics education organization, the Minnesota
Historical Society, local and regional historical organizations, Minnesota Board of the
Arts, selected Minnesota zoos, children's museums, and libraries, Minnesota public
television and radio, the Minnesota Center for the Humanities, and the Science Museum
of Minnesota. The organizations shall ensure that public hearings are conducted by those
creating plans and frameworks under this section. The members shall prepare a ten-year
plan and a 25-year framework for use of the funding that includes goals and measurable
outcomes and includes a vision for Minnesotans of what arts, history, and cultural heritage
will look like in 25 years. The Minnesota Historical Society, the Minnesota Board of
the Arts, and the Minnesota Center for the Humanities shall report to the legislature by
January 15, 2010, on the results of the collaborative project.

    Sec. 9. VOLUNTEER WORKING GROUP ON DAKOTA AND OJIBWE
LANGUAGE REVITALIZATION AND PRESERVATION.
    Subdivision 1. Establishment. A volunteer working group is established to develop
a unified strategy to revitalize and preserve indigenous languages of the 11 federally
recognized American Indian tribes in Minnesota. As the federal government recognized
through passage of the Esther Martinez Native American Languages Preservation Act
of 2006, the revitalization and preservation of American Indian languages is of vital
importance to preserving the American Indian culture. There have been recent efforts in
Minnesota to develop programs to teach the Dakota and Ojibwe languages to students
and to create fluent speakers at both the kindergarten through grade 12 level and at the
postsecondary level. The volunteer working group shall, among other duties, inventory
these efforts and make recommendations regarding how to further revitalize and preserve
Dakota and Ojibwe languages.
    Subd. 2. Membership. The executive director of the Minnesota Indian Affairs
Council shall invite each of the 11 federally recognized tribes under Minnesota Statutes,
section 3.922, subdivision 1, clause (1), to participate by appointing one member of each
tribe to the working group. Three additional members shall be appointed by the Indian
Affairs Council. Two of these members must represent the American Indian population
in the Minneapolis-St. Paul area and one member must represent the American Indian
population in Duluth. Other working group members may include, at their discretion, the
commissioner of education or the commissioner's appointee, the director of the Office of
Higher Education or the director's appointee, one member of the Board of Teaching, and
the director of the Minnesota Historical Society or the director's appointee. The working
group may add other members as deemed appropriate by a majority vote of the existing
members. The executive director of the Indian Affairs Council must convene the first
meeting no later than September 1, 2009. At the first meeting, the members shall elect
from amongst themselves a chair and vice chair of the working group.
    Subd. 3. Duties. The working group must develop strategies for the 11 federally
recognized American Indian tribes and the state to work together to revitalize and preserve
the Dakota and Ojibwe languages in Minnesota. The duties of the working group include,
but are not limited to:
(1) creating an inventory of existing programs designed to preserve Dakota and
Ojibwe languages in the state, including postsecondary programs, programs in tribal
schools, and other schools throughout the state;
(2) creating an inventory of available resources for Dakota and Ojibwe language
revitalization and immersion programs, including curriculum, educational materials,
and trained teachers;
(3) identifying curriculum needs to train teachers to teach the Dakota and Ojibwe
languages in immersion programs and barriers to training teachers to teach the Dakota and
Ojibwe language;
(4) identifying classroom curriculum needs for teaching students in Dakota and
Ojibwe languages;
(5) determining how the identified curriculum needs should be met;
(6) determining if there is a need for a central repository of resources, and if there
is a need, where the repository should be located, how it should be structured, and who
should have responsibility for maintaining the repository;
(7) determining what technical assistance the state could offer to further Dakota
and Ojibwe language immersion programs;
(8) identifying private, state, and national financial resources available to further
Dakota and Ojibwe language revitalization and preservation efforts;
(9) identifying current state and federal law, rules, regulations, and policy that
should be repealed, modified, or waived, in order to further Dakota and Ojibwe language
immersion programs; and
(10) assessing the level of interest in the community for Dakota and Ojibwe
language immersion programs.
    Subd. 4. Expenses. Members of the group are not eligible for compensation but
may receive reimbursement for their expenses as provided in Minnesota Statutes, section
15.059, subdivision 3.
    Subd. 5. Report. The working group must report its findings and recommendations,
including draft legislation, if necessary, to the Indian Affairs Council and the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction
over early childhood through grade 12 education and higher education by February 15,
2011. The committee expires on February 16, 2011.

ARTICLE 5
GOVERNANCE; GENERAL PROVISIONS

    Section 1. [3.3006] APPLICATION.
The definitions of "enhance," "protect," and "restore" in section 84.02 apply to all
funds appropriated and purposes authorized under the clean water fund, parks and trails
fund, and outdoor heritage fund.

    Sec. 2. Minnesota Statutes 2008, section 3.303, is amended by adding a subdivision to
read:
    Subd. 10. Constitutionally dedicated funding accountability. (a) The Legislative
Coordinating Commission shall develop and maintain a user-friendly, public-oriented
Web site that informs, educates, and demonstrates to the public how the constitutionally
dedicated funds in the arts and cultural heritage fund, outdoor heritage fund, clean water
fund, parks and trails fund, and environment and natural resources trust fund are being
expended to meet the requirements established for each fund in the state constitution.
Information provided on the Web site must include, but is not limited to:
(1) information on all project proposals received by the Outdoor Heritage Council
and the Legislative-Citizen Commission on Minnesota Resources;
(2) information on all projects receiving funding, including proposed measurable
outcomes and the plan for measuring and evaluating the results;
(3) measured outcomes and evaluation of projects as required under sections 85.53,
subdivision 2; 97A.056, subdivision 9; 114D.50, subdivision 2; and 129D.17, subdivision
2;
(4) education about the areas and issues the projects address, including, when
feasible, maps of where projects have been undertaken;
(5) all frameworks developed for future uses of each fund; and
(6) methods by which members of the public may apply for project funds under
any of the constitutionally dedicated funds.
(b) All information for proposed and funded projects, including the proposed
measurable outcomes, must be made available on the Web site as soon as practicable.
Information on the measured outcomes and evaluation must be posted as soon as it
becomes available. The costs of these activities shall be paid out of the arts and cultural
heritage fund, outdoor heritage fund, clean water fund, parks and trails fund, and the
environment and natural resources trust fund proportionately. For purposes of this section,
"measurable outcomes" means outcomes, indicators, or other performance measures that
may be quantified or otherwise measured in order to measure the effectiveness of a project
or program in meeting its intended goal or purpose.
(c) The Legislative Coordinating Commission shall be responsible for receiving all
ten-year plans and 25-year frameworks for each of the constitutionally dedicated funds. To
the extent practicable, staff for the commission shall provide assistance and oversight to
these planning efforts and shall coordinate public access to hearings and public meetings
for all planning efforts.

    Sec. 3. Minnesota Statutes 2008, section 84.02, is amended by adding a subdivision to
read:
    Subd. 4a. Enhance. "Enhance" means to improve in value, quality, and desirability
in order to increase the ecological value of the land or water.

    Sec. 4. Minnesota Statutes 2008, section 84.02, is amended by adding a subdivision to
read:
    Subd. 6a. Protect. "Protect" means protect or preserve ecological systems to
maintain active and healthy ecosystems and prevent future degradation including, but not
limited to, purchase in fee or easement.

    Sec. 5. Minnesota Statutes 2008, section 84.02, is amended by adding a subdivision to
read:
    Subd. 6b. Restore. "Restore" means renewing degraded, damaged, or destroyed
ecosystems through active human intervention to achieve high-quality ecosystems.

    Sec. 6. Minnesota Statutes 2008, section 85.53, is amended to read:
85.53 PARKS AND TRAILS FUND.
    Subdivision 1. Establishment. The parks and trails fund is established in the
Minnesota Constitution, article XI, section 15. All money earned by the parks and trails
fund must be credited to the fund.
    Subd. 2. Expenditures; accountability. (a) A project or program receiving funding
from the parks and trails fund must meet or exceed the constitutional requirement to
support parks and trails of regional or statewide significance. A project or program
receiving funding from the parks and trails fund must include measurable outcomes, as
defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the
results. A project or program must be consistent with current science and incorporate
state-of-the-art technology, except when the project or program is a portrayal or restoration
of historical significance.
(b) Money from the parks and trails fund shall be expended to balance the benefits
across all regions and residents of the state.
(c) All information for funded projects, including the proposed measurable
outcomes, must be made available on the Web site required under section 3.303,
subdivision 10, as soon as practicable. Information on the measured outcomes and
evaluation must be posted as soon as it becomes available.
(d) Grants funded by the parks and trails fund must be implemented according to
section 16B.98 and must account for all expenditures. Proposals must specify a process
for any regranting envisioned. Priority for grant proposals must be given to proposals
involving grants that will be competitively awarded.
(e) A recipient of money from the parks and trails fund must display a sign on lands
and capital improvements purchased, restored, or protected with money from the parks
and trails fund that includes the logo developed by the commissioner of natural resources
to identify it as a project funded with money from the vote of the people of Minnesota on
November 4, 2008.
(f) Money from the parks and trails fund may only be spent on projects located
in Minnesota.
    Subd. 3. Metropolitan area distribution formula. Money appropriated from the
parks and trails fund to the Metropolitan Council shall be distributed to implementing
agencies, as defined in section 473.351, subdivision 1, paragraph (a), as grants according
to the following formula:
(1) 45 percent of the money must be disbursed according to the allocation formula in
section 473.351, subdivision 3, to each implementing agency;
(2) 31.5 percent of the money must be distributed based on each implementing
agency's relative share of the most recent estimate of the population of the metropolitan
area;
(3) 13.5 percent of the money must be distributed based on each implementing
agency's relative share of nonlocal visits based on the most recent user visitation survey
conducted by the Metropolitan Council; and
(4) ten percent of the money must be distributed as grants to implementing agencies
for land acquisition within Metropolitan Council approved regional parks and trails master
plan boundaries under the council's park acquisition opportunity grant program. The
Metropolitan Council must provide a match of $2 of the council's park bonds for every $3
of state funds for the park acquisition opportunity grant program.
    Subd. 4. Data availability. Data collected by the projects funded with money from
the parks and trails fund that have value for planning and management of natural resources,
emergency preparedness, and infrastructure investments must conform to the enterprise
information architecture developed by the Office of Enterprise Technology. Spatial data
must conform to geographic information system guidelines and standards outlined in that
architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land
Management Information Center. A description of these data that adheres to the Office
of Enterprise Technology geographic metadata standards must be submitted to the Land
Management Information Center to be made available online through the clearinghouse
and the data must be accessible and free to the public unless made private under chapter
13. To the extent practicable, summary data and results of projects and programs funded
with money from the parks and trails fund should be readily accessible on the Internet and
identified as a parks and trails fund project.

    Sec. 7. Minnesota Statutes 2008, section 114D.50, is amended to read:
114D.50 CLEAN WATER FUND.
    Subdivision 1. Establishment. The clean water fund is established in the Minnesota
Constitution, article XI, section 15. All money earned by the fund must be credited to
the fund.
    Subd. 2. Sustainable drinking water account. The sustainable drinking water
account is established as an account in the clean water fund.
    Subd. 3. Purpose. (a) The clean water fund may be spent only to protect, enhance,
and restore water quality in lakes, rivers, and streams, to protect groundwater from
degradation, and to protect drinking water sources by:
(1) providing grants, loans, and technical assistance to public agencies and others
testing waters, identifying impaired waters, developing total maximum daily loads,
implementing restoration plans for impaired waters, and evaluating the effectiveness
of restoration;
(2) supporting measures to prevent surface waters from becoming impaired and to
improve the quality of waters that are listed as impaired, but do not have an approved total
maximum daily load addressing the impairment;
(3) providing grants and loans for wastewater and storm water treatment projects
through the Public Facilities Authority;
(4) supporting measures to prevent the degradation of groundwater in accordance
with the groundwater degradation prevention goal under section 103H.001; and
(5) providing funds to state agencies to carry out their responsibilities, including
enhanced compliance and enforcement.
(b) Funds from the clean water fund must supplement traditional sources of funding
for these purposes and may not be used as a substitute.
    Subd. 4. Expenditures; accountability. (a) A project receiving funding from the
clean water fund must meet or exceed the constitutional requirements to protect, enhance,
and restore water quality in lakes, rivers, and streams and to protect groundwater and
drinking water from degradation. Priority may be given to projects that meet more than
one of these requirements. A project receiving funding from the clean water fund shall
include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for
measuring and evaluating the results. A project must be consistent with current science
and incorporate state-of-the-art technology.
(b) Money from the clean water fund shall be expended to balance the benefits
across all regions and residents of the state.
(c) All information for proposed and funded projects, including the proposed
measurable outcomes, must be made available on the Web site required under section
3.303, subdivision 10, as soon as practicable. Information on the measured outcomes and
evaluation must be posted as it becomes available. Information classified as not public
under section 13D.05, subdivision 3, paragraph (d), is not required to be placed on the
Web site.
(d) Grants funded by the clean water fund must be implemented according to section
16B.98 and must account for all expenditures. Proposals must specify a process for any
regranting envisioned. Priority for grant proposals must be given to proposals involving
grants that will be competitively awarded.
(e) Money from the clean water fund may only be spent on projects that benefit
Minnesota waters.
    Subd. 5. Data availability. Data collected by the projects funded with money from
the clean water fund that have value for planning and management of natural resources,
emergency preparedness, and infrastructure investments must conform to the enterprise
information architecture developed by the Office of Enterprise Technology. Spatial data
must conform to geographic information system guidelines and standards outlined in that
architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land
Management Information Center. A description of these data that adheres to the Office
of Enterprise Technology geographic metadata standards must be submitted to the Land
Management Information Center to be made available online through the clearinghouse
and the data must be accessible and free to the public unless made private under chapter
13. To the extent practicable, summary data and results of projects funded with money
from the clean water fund should be readily accessible on the Internet and identified as a
clean water fund project.

    Sec. 8. LEGISLATIVE GUIDE.
A legislative guide shall be recommended stating principles for the use and expected
outcomes of all funds from dedicated sales taxes pursuant to the Minnesota Constitution,
article XI, section 15. The guide shall include principles for managing future state
obligations, including payment in lieu of taxes and land management and monitoring
necessary for lands acquired in fee or easement. This guide shall be recommended jointly
by the Cultural and Outdoor Resources Division of the house of representatives, the
appropriate senate committees as designated by the majority leader of the senate, and
the Lessard Outdoor Heritage Council. The recommendations must be presented to the
legislature by January 15, 2010, and acted on by the legislature.
The legislative guide required by this section shall be for the years 2010 to 2015
and shall include the following provisions:
(1) principles by which to guide future expenditures for each fund;
(2) desired outcomes for the expenditures;
(3) a general statement applicable to later years for these funds; and
(4) consideration of financial methods such as revolving loan funds that may be used
in future appropriations.


Sec. 9. 25-YEAR STRATEGIC PLAN.
    By January 15, 2011, the legislative committees, divisions, or councils responsible
for recommending expenditures to the full legislature from the outdoor heritage fund, the
clean water fund, the parks and trails fund, and the arts and cultural heritage fund must
develop, with broad public input, and adopt a 25-year strategic plan for the expenditures
that will be recommended from the funds. The plan must include applicable outcomes
for restoring, protecting, and enhancing wetlands, prairies, forests, habitat for fish and
game, lakes, rivers, streams, groundwater, arts, arts education, arts access, preservation of
Minnesota's history and cultural heritage, and supporting parks and trails. The strategic
plan shall be updated on a regular basis, but no longer than every five years. The Web site
established under section 2 must include a link to the plans developed under this section.
The plan for restoring, protecting, and enhancing wetlands, prairies, forests, habitat for
fish and game must be based on ecological sections and subsections established by the
Department of Natural Resources and be based on current science and achieve benefits
across all ecological sections within the state. The plan for restoring, protecting, and
enhancing lakes, rivers, streams, and groundwater must be based on watersheds and
aquifers, and shall take into account existing plans, be based on current science, and
achieve benefits across all ecological sections within the state. Any recommendations for
appropriations may be prioritized based on science and urgency.

    Sec. 10. LOGO.
The Minnesota Board of the Arts shall sponsor a contest for selecting the design
of a logo to use on signage for projects receiving money from the outdoor heritage
fund, clean water fund, parks and trails fund, and the arts and cultural heritage fund. A
recipient of funds from the outdoor heritage fund, parks and trails fund, clean water fund,
or arts and cultural heritage fund shall display, where practicable, a sign with the logo
developed under this section on construction projects and at access points to any land or
water resources acquired in fee or an interest in less than fee title, or that were restored,
protected, or enhanced, and incorporate the logo, where practicable, into printed and other
materials funded with money from one or more of the funds.
Presented to the governor May 21, 2009
Signed by the governor May 22, 2009, 3:50 p.m.

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