1.1 	A bill for an act
1.2 	relating to natural resources; appropriating money from the outdoor heritage 
1.3 	fund; modifying certain outdoor heritage provisions;amending Minnesota 
1.4 	Statutes 2010, section 97A.056, subdivision 2, by adding a subdivision; Laws 
1.5 	2009, chapter 172, article 1, section 2, subdivision 3.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7	Section 1. OUTDOOR HERITAGE APPROPRIATION.
 	
1.8 	The sums shown in the columns marked "Appropriations" are appropriated to the 
1.9 	agencies and for the purposes specified in this act. The appropriations are from the 
1.10 	outdoor heritage fund and are available for the fiscal years indicated for each purpose. The 
1.11 	figures "2012" and "2013" used in this act mean that the appropriations listed under them 
1.12 	are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The 
1.13 	first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" is 
1.14 	fiscal years 2012 and 2013. The appropriations in this act are onetime.

1.15				APPROPRIATIONS
	
1.16				Available for the Year
	
1.17				Ending June 30
	
1.18					2012
		2013

1.19	Sec. 2. OUTDOOR HERITAGE

1.20	Subdivision 1.Total Appropriation
 	$
	86,471,000
	$
	471,000
	
1.21 	This appropriation is from the outdoor 
1.22 	heritage fund. The amounts that may be 
1.23 	spent for each purpose are specified in the 
1.24 	following subdivisions.

2.1	Subd. 2.Prairies
 		32,671,000
		-0-
	
2.2 	(a) Wildlife Management Area, Scientific 
2.3 	and Natural Areas, and Prairie Bank 
2.4 	Easement Acquisition - Phase III
2.5 	$3,931,000 the first year is to the 
2.6 	commissioner of natural resources to:
2.7 	(1) acquire land in fee for wildlife 
2.8 	management area purposes under Minnesota 
2.9 	Statutes, sections 86A.05, subdivision 8, and 
2.10 	97A.145;
2.11 	(2) acquire land in fee for scientific and 
2.12 	natural area purposes under Minnesota 
2.13 	Statutes, sections 84.033 and 86A.05, 
2.14 	subdivision 5; and
2.15 	(3) acquire native prairie bank easements 
2.16 	under Minnesota Statutes, section 84.96.
2.17 	A list of proposed land or permanent 
2.18 	conservation easement acquisitions must 
2.19 	be provided as part of the required 
2.20 	accomplishment plan. The accomplishment 
2.21 	plan must include an easement monitoring 
2.22 	and enforcement plan. Money appropriated 
2.23 	from the outdoor heritage fund for easement 
2.24 	acquisition may be used to establish a 
2.25 	monitoring and enforcement fund as 
2.26 	approved in the accomplishment plan, 
2.27 	and subject to subdivision 15. An annual 
2.28 	financial report is required for any monitoring 
2.29 	and enforcement fund established, including 
2.30 	expenditures from the fund.
2.31 	(b) Accelerated Prairie Restoration and 
2.32 	Enhancement on DNR Lands - Phase III
2.33 	$1,652,000 the first year is to the 
2.34 	commissioner of natural resources to 
3.1 	accelerate the restoration and enhancement 
3.2 	on wildlife management areas, scientific 
3.3 	and natural areas, and land under native 
3.4 	prairie bank easements. All restorations must 
3.5 	comply with subdivision 9, paragraph (b).
3.6 	(c) Minnesota Buffers for Wildlife and 
3.7 	Water
3.8 	$2,249,000 the first year is to the Board of 
3.9 	Water and Soil Resources in cooperation 
3.10 	with Pheasants Forever to acquire permanent 
3.11 	conservation easements to enhance habitat 
3.12 	by expanding riparian wildlife buffers on 
3.13 	private land. A list of proposed easement 
3.14 	acquisitions must be provided as part of 
3.15 	the required accomplishment plan. The 
3.16 	accomplishment plan must include an 
3.17 	easement monitoring and enforcement 
3.18 	plan. Money appropriated from the outdoor 
3.19 	heritage fund for easement acquisition 
3.20 	may be used to establish a monitoring 
3.21 	and enforcement fund as approved in 
3.22 	the accomplishment plan and subject to 
3.23 	subdivision 15. An annual financial report is 
3.24 	required for any monitoring and enforcement 
3.25 	fund established, including expenditures 
3.26 	from the fund.
3.27 	(d) Northern Tallgrass Prairie National 
3.28 	Wildlife Refuge Land Acquisition - Phase 
3.29 	III
3.30 	$1,720,000 the first year is to the 
3.31 	commissioner of natural resources for an 
3.32 	agreement with The Nature Conservancy 
3.33 	to acquire land or permanent easements 
3.34 	within the Northern Tallgrass Prairie Habitat 
3.35 	Preservation Area in western Minnesota for 
4.1 	addition to the Northern Tallgrass Prairie 
4.2 	National Wildlife Refuge. A list of proposed 
4.3 	land acquisitions must be provided as part 
4.4 	of the required accomplishment plan. The 
4.5 	accomplishment plan must include an 
4.6 	easement monitoring and enforcement plan.
4.7 	(e) Minnesota Prairie Recovery Project - 
4.8 	Phase II
4.9 	$4,500,000 the first year is to the 
4.10 	commissioner of natural resources for an 
4.11 	agreement with The Nature Conservancy to 
4.12 	acquire native prairie and savanna and restore 
4.13 	and enhance grasslands and savanna. A list of 
4.14 	proposed land acquisitions must be provided 
4.15 	as part of the required accomplishment plan. 
4.16 	Acquisitions, restorations, and enhancements 
4.17 	must be within the two existing and two 
4.18 	additional pilot focus areas contained in 
4.19 	the accomplishment plan. Annual income 
4.20 	statements and balance sheets for income 
4.21 	and expenses from land acquired with 
4.22 	appropriations from the outdoor heritage 
4.23 	fund must be submitted to the Lessard-Sams 
4.24 	Outdoor Heritage Council. All restorations 
4.25 	must comply with subdivision 9, paragraph 
4.26 	(b).
4.27 	(f) Cannon River Headwaters Habitat 
4.28 	Complex - Phase I
4.29 	$1,533,000 the first year is to the 
4.30 	commissioner of natural resources for an 
4.31 	agreement with The Trust for Public Land 
4.32 	to acquire and restore lands in the Cannon 
4.33 	River watershed for wildlife management 
4.34 	area purposes under Minnesota Statutes, 
4.35 	section 86A.05, subdivision 8, or aquatic 
5.1 	management areas under Minnesota Statutes, 
5.2 	sections 86A.05, subdivision 14, and 
5.3 	97C.02. A list of proposed land acquisitions 
5.4 	must be provided as part of the required 
5.5 	accomplishment plan. All restorations must 
5.6 	comply with subdivision 9, paragraph (b).
5.7 	(g) Accelerating the Wildlife Management 
5.8 	Area Program - Phase III
5.9 	$5,500,000 the first year is to the 
5.10 	commissioner of natural resources for an 
5.11 	agreement with Pheasants Forever to acquire 
5.12 	prairie and other habitat areas for wildlife 
5.13 	management area purposes under Minnesota 
5.14 	Statutes, section 86A.05, subdivision 
5.15 	8. A list of proposed land acquisitions 
5.16 	must be provided as part of the required 
5.17 	accomplishment plan.
5.18 	(h) Accelerating the Waterfowl Production 
5.19 	Area Program - Phase III
5.20 	$9,815,000 the first year is to the 
5.21 	commissioner of natural resources for 
5.22 	an agreement with Pheasants Forever to 
5.23 	accelerate the acquisition of wetlands and 
5.24 	grasslands to be added to the waterfowl 
5.25 	production area system in Minnesota in 
5.26 	cooperation with the United States Fish and 
5.27 	Wildlife Service. A list of proposed land 
5.28 	acquisitions must be provided as part of the 
5.29 	required accomplishment plan.
5.30 	(i) The Green Corridor Legacy Program - 
5.31 	Phase III
5.32 	$1,771,000 the first year is to the 
5.33 	commissioner of natural resources for 
5.34 	an agreement with the Redwood Area 
5.35 	Development Corporation to acquire land 
6.1 	for wildlife management area purposes 
6.2 	under Minnesota Statutes, section 86A.05, 
6.3 	subdivision 8, or aquatic management areas 
6.4 	under Minnesota Statutes, sections 86A.05, 
6.5 	subdivision 14, and 97C.02. A list of 
6.6 	proposed land acquisitions must be provided 
6.7 	as part of the required accomplishment plan.

6.8	Subd. 3.Forests
 		14,371,000
		-0-
	
6.9 	(a) Minnesota Forests for the Future - 
6.10 	Phase III
6.11 	$5,409,000 the first year is to the 
6.12 	commissioner of natural resources to 
6.13 	acquire forest and wetland habitat through 
6.14 	working forest easements and fee acquisition 
6.15 	under the Minnesota forests for the future 
6.16 	program pursuant to Minnesota Statutes, 
6.17 	section 84.66. A conservation easement 
6.18 	acquired with money appropriated under this 
6.19 	paragraph must comply with subdivision 
6.20 	13. A list of proposed land acquisitions 
6.21 	must be provided as part of the required 
6.22 	accomplishment plan. The accomplishment 
6.23 	plan must include an easement monitoring 
6.24 	and enforcement plan. Money appropriated 
6.25 	from the outdoor heritage fund for easement 
6.26 	acquisition may be used to establish a 
6.27 	monitoring and enforcement fund as 
6.28 	approved in the accomplishment plan 
6.29 	and subject to subdivision 15. An annual 
6.30 	financial report is required for any monitoring 
6.31 	and enforcement fund established, including 
6.32 	expenditures from the fund. 
6.33 	(b) LaSalle Lake: Protecting Critical 
6.34 	Mississippi Headwaters Habitat
7.1 	$4,632,000 the first year is to the 
7.2 	commissioner of natural resources for an 
7.3 	agreement with The Trust for Public Land 
7.4 	to acquire land adjacent to LaSalle Lake in 
7.5 	Hubbard County. A list of proposed land 
7.6 	acquisitions must be provided as part of 
7.7 	the required accomplishment plan. If the 
7.8 	acquisition is not completed by July 15, 
7.9 	2012, or if a balance remains after acquisition 
7.10 	of land, the money under this paragraph is 
7.11 	available for acquisition under subdivision 
7.12 	2, paragraph (a).
7.13 	(c) Accelerated Forest Habitat 
7.14 	Enhancement - Phase II
7.15 	$826,000 the first year is to the commissioner 
7.16 	of natural resources to restore and enhance 
7.17 	lands in state forests, pursuant to Minnesota 
7.18 	Statutes, 89.021. All restorations must 
7.19 	comply with subdivision 9, paragraph (b).
7.20 	(d) Northeastern Minnesota Sharp-Tailed 
7.21 	Grouse Habitat Partnership - Phase II
7.22 	$988,000 the first year is to the commissioner 
7.23 	of natural resources for an agreement with 
7.24 	Pheasants Forever in cooperation with the 
7.25 	Minnesota Sharp-Tailed Grouse Society 
7.26 	to acquire and enhance lands for wildlife 
7.27 	management area purposes under Minnesota 
7.28 	Statutes, section 86A.05, subdivision 
7.29 	8.  A list of proposed land acquisitions 
7.30 	must be provided as part of the required 
7.31 	accomplishment plan.
7.32 	(e) Lower Mississippi River Habitat 
7.33 	Partnership - Phase II
7.34 	$707,000 the first year is to the commissioner 
7.35 	of natural resources to acquire and enhance 
8.1 	habitat in the lower Root River and 
8.2 	lower Zumbro River watersheds, pursuant 
8.3 	to Minnesota Statutes, section 86A.05, 
8.4 	subdivisions 7 and 8. A list of proposed land 
8.5 	acquisitions must be provided as part of the 
8.6 	required accomplishment plan.
8.7 	(f) Protect Key Forest Habitat Lands in 
8.8 	Cass County - Phase II
8.9 	$604,000 the first year is to the commissioner 
8.10 	of natural resources for an agreement with 
8.11 	Cass County to acquire land in fee for forest 
8.12 	wildlife habitat. A list of proposed land 
8.13 	acquisitions must be provided as part of the 
8.14 	required accomplishment plan.
8.15 	(g) State Forest Acquisition
8.16 	$1,205,000 the first year is to the 
8.17 	commissioner of natural resources to acquire 
8.18 	land in fee and permanent management 
8.19 	access easements for state forests under 
8.20 	Minnesota Statutes, section 86A.05, 
8.21 	subdivision 7. A list of proposed land 
8.22 	acquisitions must be provided as part of the 
8.23 	required accomplishment plan. 

8.24	Subd. 4.Wetlands
 		15,827,000
		-0-
	
8.25 	(a) Reinvest in Minnesota Wetlands 
8.26 	Reserve Acquisition and Restoration 
8.27 	Program Partnership - Phase III
8.28 	$13,000,000 the first year is to the Board 
8.29 	of Water and Soil Resources to acquire 
8.30 	permanent conservation easements and 
8.31 	restore wetlands and associated upland 
8.32 	habitat in cooperation with the United States 
8.33 	Department of Agriculture Wetlands Reserve 
8.34 	Program. A list of proposed land acquisitions 
9.1 	must be provided as part of the required 
9.2 	accomplishment plan. All restorations must 
9.3 	comply with subdivision 9, paragraph (b). 
9.4 	The accomplishment plan must include 
9.5 	an easement monitoring and enforcement 
9.6 	plan. Money appropriated from the outdoor 
9.7 	heritage fund for easement acquisition 
9.8 	may be used to establish a monitoring 
9.9 	and enforcement fund as approved in 
9.10 	the accomplishment plan and subject to 
9.11 	subdivision 15. An annual financial report is 
9.12 	required for any monitoring and enforcement 
9.13 	fund established, including expenditures 
9.14 	from the fund and a description of monitoring 
9.15 	and enforcement activities.
9.16 	(b) Accelerated Shallow Lakes and 
9.17 	Wetlands Restoration and Enhancement - 
9.18 	Phase III
9.19 	$936,000 the first year is to the commissioner 
9.20 	of natural resources to develop engineering 
9.21 	designs for shallow lakes and wetlands and 
9.22 	restore and enhance shallow lakes.
9.23 	(c) Shallow Lake Shoreland Protection: 
9.24 	Wild Rice Lakes
9.25 	$1,891,000 the first year is to the 
9.26 	commissioner of natural resources for an 
9.27 	agreement with Ducks Unlimited  and the 
9.28 	Board of Water and Soil Resources to 
9.29 	acquire wild rice lake shoreland habitat in 
9.30 	fee and as permanent conservation easements 
9.31 	as follows: $500,000 to the Department 
9.32 	of Natural Resources; $1,100,000 to the 
9.33 	Board of Water and Soil Resources; and 
9.34 	$291,000 to Ducks Unlimited. A list of 
9.35 	proposed land acquisitions must be provided 
10.1 	as part of the required accomplishment plan. 
10.2 	The accomplishment plan must include 
10.3 	an easement monitoring and enforcement 
10.4 	plan. Money appropriated from the outdoor 
10.5 	heritage fund for easement acquisition 
10.6 	may be used to establish a monitoring 
10.7 	and enforcement fund as approved in 
10.8 	the accomplishment plan and subject to 
10.9 	subdivision 15. An annual financial report is 
10.10 	required for any monitoring and enforcement 
10.11 	fund established, including expenditures 
10.12 	from the fund. 

10.13	Subd. 5.Habitat
 		22,914,000
		-0-
	
10.14 	(a) Accelerated Aquatic Management 
10.15 	Area Habitat Program - Phase III
10.16 	$6,500,000 the first year is to the 
10.17 	commissioner of natural resources to 
10.18 	acquire interests in land in fee or permanent 
10.19 	conservation easements for aquatic 
10.20 	management areas under Minnesota Statutes, 
10.21 	sections 86A.05, subdivision 14, and 97C.02, 
10.22 	to restore and enhance aquatic habitat. A 
10.23 	list of proposed acquisitions and stream and 
10.24 	lake habitat restorations and enhancements 
10.25 	must be provided as part of the required 
10.26 	accomplishment plan. The accomplishment 
10.27 	plan must include an easement monitoring 
10.28 	and enforcement plan. Money appropriated 
10.29 	from the outdoor heritage fund for easement 
10.30 	acquisition may be used to establish a 
10.31 	monitoring and enforcement fund as 
10.32 	approved in the accomplishment plan 
10.33 	and subject to subdivision 15. An annual 
10.34 	financial report is required for any monitoring 
11.1 	and enforcement fund established, including 
11.2 	expenditures from the fund.
11.3 	(b) Coldwater Fish Habitat Enhancement 
11.4 	Program - Phase III
11.5 	$1,533,000 the first year is to the 
11.6 	commissioner of natural resources for an 
11.7 	agreement with Minnesota Trout Unlimited. 
11.8 	A list of proposed projects, describing 
11.9 	types and locations of restorations and 
11.10 	enhancements, must be provided as part of 
11.11 	the required accomplishment plan.
11.12 	(c) Land Addition to the Janet Johnson 
11.13 	Memorial Wildlife Management Area
11.14 	$577,000 the first year is to the commissioner 
11.15 	of natural resources for an agreement with 
11.16 	Chisago County to acquire land in fee to 
11.17 	be added to the Janet Johnson Memorial 
11.18 	Wildlife Management Area under Minnesota 
11.19 	Statutes, section 86A.05, subdivision 
11.20 	8. A list of proposed land acquisitions 
11.21 	must be provided as part of the required 
11.22 	accomplishment plan.
11.23 	(d) Metro Big Rivers Habitat - Phase II
11.24 	$5,000,000 the first year is to the 
11.25 	commissioner of natural resources for 
11.26 	agreements to acquire interests in land in 
11.27 	fee or permanent conservation easements 
11.28 	and to restore and enhance natural systems 
11.29 	associated with the Mississippi, Minnesota, 
11.30 	and St. Croix Rivers as follows: $960,000 
11.31 	to the Minnesota Valley National Wildlife 
11.32 	Refuge Trust, Inc.; $150,000 to Great 
11.33 	River Greening; $840,000 to Minnesota 
11.34 	Land Trust; $150,000 to Friends of the 
11.35 	Mississippi River; and $2,900,000 to The 
12.1 	Trust for Public Land. A list of proposed 
12.2 	projects, describing types and locations of 
12.3 	acquisitions, restorations, and enhancements, 
12.4 	must be provided as part of the required 
12.5 	accomplishment plan. The accomplishment 
12.6 	plan must include an easement monitoring 
12.7 	and enforcement plan. All restorations 
12.8 	must comply with subdivision 9, paragraph 
12.9 	(b). Money appropriated from the outdoor 
12.10 	heritage fund for easement acquisition 
12.11 	may be used to establish a monitoring 
12.12 	and enforcement fund as approved in 
12.13 	the accomplishment plan and subject to 
12.14 	subdivision 15. An annual financial report is 
12.15 	required for any monitoring and enforcement 
12.16 	fund established, including expenditures 
12.17 	from the fund.
12.18 	(e) Protecting Sensitive Shorelands in 
12.19 	North Central Minnesota
12.20 	$1,098,000 the first year is to the 
12.21 	commissioner of natural resources for 
12.22 	agreements with the Leech Lake Watershed 
12.23 	Foundation and the Minnesota Land Trust 
12.24 	as follows: $339,000 to the Leech Lake 
12.25 	Watershed Foundation; $741,000 to the 
12.26 	Minnesota Land Trust; and $18,000 to the 
12.27 	Department of Natural Resources to pay for 
12.28 	acquisition-related expenses and monitoring 
12.29 	costs of donated permanent conservation 
12.30 	easements on sensitive shorelands in north 
12.31 	central Minnesota. A list of proposed land 
12.32 	acquisitions must be provided as part of 
12.33 	the required accomplishment plan. The 
12.34 	accomplishment plan must include an 
12.35 	easement monitoring and enforcement 
12.36 	plan. Money appropriated from the outdoor 
13.1 	heritage fund for easement acquisition 
13.2 	may be used to establish a monitoring 
13.3 	and enforcement fund as approved in 
13.4 	the accomplishment plan and subject to 
13.5 	subdivision 15. An annual financial report is 
13.6 	required for any monitoring and enforcement 
13.7 	fund established, including expenditures 
13.8 	from the fund.
13.9 	(f) Restoring Native Habitat and Water 
13.10 	Quality to Shell Rock River - Phase II
13.11 	$2,577,000 the first year is to the 
13.12 	commissioner of natural resources for an 
13.13 	agreement with the Shell Lake Watershed 
13.14 	District to acquire land in fee at the 
13.15 	headwaters of the Shell Rock River for 
13.16 	aquatic management area purposes under 
13.17 	Minnesota Statutes, sections 86A.05, 
13.18 	subdivision 14, and 97C.02, to restore 
13.19 	and enhance aquatic habitat. The leases 
13.20 	for gravel mining existing at the time of 
13.21 	acquisition may not be extended and all gross 
13.22 	income generated from mining operations 
13.23 	must be transferred to the commissioner of 
13.24 	management and budget and credited to the 
13.25 	outdoor heritage fund. A list of proposed 
13.26 	land acquisitions must be provided as part of 
13.27 	the required accomplishment plan.
13.28 	(g) Outdoor Heritage Conservation 
13.29 	Partners Grant Program - Phase III
13.30 	$5,629,000 the first year is to the 
13.31 	commissioner of natural resources for a 
13.32 	program to provide competitive, matching 
13.33 	grants of up to $400,000 to local, regional, 
13.34 	state, and national organizations for 
13.35 	enhancement, restoration, or protection of 
14.1 	forests, wetlands, prairies, and habitat for 
14.2 	fish, game, or wildlife in Minnesota. Grants 
14.3 	shall not be made for activities required to 
14.4 	fulfill the duties of owners of lands subject 
14.5 	to conservation easements.  Grants shall 
14.6 	not be made from appropriations in this 
14.7 	paragraph for projects that have a total 
14.8 	project cost exceeding $475,000. $319,000 
14.9 	of this appropriation may be spent for 
14.10 	personnel costs and other administrative 
14.11 	costs. Grantees may acquire land or interests 
14.12 	in land. Easements must be permanent. 
14.13 	Land acquired in fee must be open to 
14.14 	hunting and fishing during the open season 
14.15 	unless otherwise provided by state law. The 
14.16 	program shall require a match of at least ten 
14.17 	percent from nonstate sources for grants of 
14.18 	$100,000 or less and a match of at least 15 
14.19 	percent from nonstate sources for grants over 
14.20 	$100,000. Up to one-third of the match may 
14.21 	be in-kind resources. For grant applications 
14.22 	of $25,000 or less, the commissioner shall 
14.23 	provide a separate, simplified application 
14.24 	process. The criteria for evaluating grant 
14.25 	applications over $25,000 must include the 
14.26 	amount of habitat restored, enhanced, or 
14.27 	protected; local support; encouragement 
14.28 	of a local conservation culture; urgency; 
14.29 	capacity to achieve multiple benefits; 
14.30 	habitat benefits provided; consistency with 
14.31 	current conservation science; adjacency 
14.32 	to protected lands; full funding of the 
14.33 	project; supplementing existing funding; 
14.34 	public access for hunting and fishing during 
14.35 	the open season; sustainability; degree 
14.36 	of collaboration; and use of native plant 
15.1 	materials. All projects must conform to 
15.2 	the Minnesota statewide conservation and 
15.3 	preservation plan. Wildlife habitat projects 
15.4 	must also conform to the Minnesota wildlife 
15.5 	action plan. Subject to the evaluation 
15.6 	criteria and requirements of this paragraph 
15.7 	and Minnesota Statutes, the commissioner 
15.8 	of natural resources shall give priority to 
15.9 	organizations that have a history of receiving 
15.10 	or charter to receive private contributions 
15.11 	for local conservation or habitat projects 
15.12 	when evaluating projects of equal value. If 
15.13 	acquiring land or a conservation easement, 
15.14 	priority shall be given to projects associated 
15.15 	with existing wildlife management areas 
15.16 	under Minnesota Statutes, section 86A.05, 
15.17 	subdivision 8; scientific and natural areas 
15.18 	under Minnesota Statutes, sections 84.033 
15.19 	and 86A.05, subdivision 5; and aquatic 
15.20 	management areas under Minnesota Statutes, 
15.21 	sections 86A.05, subdivision 14, and 97C.02. 
15.22 	All restoration or enhancement projects 
15.23 	must be on land permanently protected by a 
15.24 	conservation easement or public ownership 
15.25 	or in public waters as defined in Minnesota 
15.26 	Statutes, section 103G.005, subdivision 
15.27 	15. Priority shall be given to restoration 
15.28 	and enhancement projects on public lands. 
15.29 	Subdivision 9 applies to grants awarded 
15.30 	under this paragraph. All restorations must 
15.31 	comply with subdivision 9, paragraph (b). 
15.32 	This appropriation is available until June 
15.33 	30, 2015. No less than five percent of the 
15.34 	amount of each grant must be held back from 
15.35 	reimbursement until the grant recipient has 
15.36 	completed a grant accomplishment report by 
16.1 	the deadline and in the form prescribed by 
16.2 	and satisfactory to the Lessard-Sams Outdoor 
16.3 	Heritage Council. The commissioner shall 
16.4 	provide notice of the grant program in the 
16.5 	2011 game and fish law summaries that are 
16.6 	prepared under Minnesota Statutes, section 
16.7 	97A.051, subdivision 2.

16.8	Subd. 6.Administration
 		688,000
		471,000
	
16.9 	(a) Contract Management
16.10 	$175,000 the first year is to the Legislative 
16.11 	Coordinating Commission to contract with 
16.12 	the commissioner of natural resources for 
16.13 	expenses incurred for contract fiscal services 
16.14 	for the agreements specified in this section. 
16.15 	The contract management services must be 
16.16 	done on a reimbursement basis.
16.17 	(b) Legislative Coordinating Commission
16.18 	$471,000 the first year and $471,000 
16.19 	the second year are to the Legislative 
16.20 	Coordinating Commission for two years of 
16.21 	administrative expenses of the Lessard-Sams 
16.22 	Outdoor Heritage Council and for two years 
16.23 	of compensation and expense reimbursement 
16.24 	of council members.
16.25 	(c) Technical Assistance Panel
16.26 	$42,000 the first year is to the commissioner 
16.27 	of natural resources for a technical assistance 
16.28 	panel to conduct up to ten restoration audits 
16.29 	under Minnesota Statutes, section 97A.056, 
16.30 	subdivision 10.

16.31	Subd. 7.Availability of Appropriation
 					
16.32 	Money appropriated in this section may 
16.33 	not be spent on activities unless they are 
16.34 	directly related to and necessary for a 
17.1 	specific appropriation and are specified in the 
17.2 	accomplishment plan. Money appropriated 
17.3 	in this section must not be spent on indirect 
17.4 	costs or other institutional overhead charges. 
17.5 	Unless otherwise provided, the amounts 
17.6 	in this section are available until June 30, 
17.7 	2014, when projects must be completed and 
17.8 	final accomplishments reported. Funds for 
17.9 	restoration or enhancement are available 
17.10 	until June 30, 2016, or four years after 
17.11 	acquisition, whichever is later, in order to 
17.12 	complete restoration or enhancement work. 
17.13 	If a project receives federal funds, the time 
17.14 	period of the appropriation is extended to 
17.15 	equal the availability of federal funding. 
17.16 	Funds appropriated for fee title acquisition 
17.17 	of  land may be used to restore, enhance, and 
17.18 	provide for the public use of land acquired 
17.19 	with the appropriation. Public use facilities 
17.20 	must have a minimal impact on habitat on 
17.21 	acquired lands.

17.22	Subd. 8.Accomplishment Plans
 					
17.23 	It is a condition of acceptance of the 
17.24 	appropriations made under this section that 
17.25 	the  agency or entity using the appropriation 
17.26 	submit to the Lessard-Sams Outdoor 
17.27 	Heritage Council an accomplishment  plan 
17.28 	and periodic accomplishment  reports in 
17.29 	the form determined by the council. The 
17.30 	accomplishment plan must identify the 
17.31 	project manager responsible for expending 
17.32 	the appropriation and the final product. The 
17.33 	accomplishment plan must account for  the 
17.34 	use of the appropriation and outcomes  of 
17.35 	the expenditure in measures of wetlands, 
17.36 	prairies, forests, and fish, game, and wildlife 
18.1 	habitat restored, protected, and enhanced. 
18.2 	The plan must include an evaluation of 
18.3 	results. None of the money provided in this 
18.4 	section may be expended unless the council 
18.5 	has approved the pertinent accomplishment 
18.6 	plan.

18.7	Subd. 9.Project Requirements
 					
18.8 	(a) As a condition of accepting an 
18.9 	appropriation made under this section, an 
18.10 	agency or entity receiving an appropriation 
18.11 	must comply with this subdivision for any 
18.12 	project funded in whole or in part with funds 
18.13 	from the appropriation.
18.14 	(b) To the extent possible, a person 
18.15 	conducting restoration with money 
18.16 	appropriated under this section must plant 
18.17 	vegetation or sow seed only of ecotypes 
18.18 	native to Minnesota, and preferably of the 
18.19 	local ecotype, using a high diversity of 
18.20 	species originating from as close to the 
18.21 	restoration site as possible and must protect 
18.22 	existing native prairies, grasslands, forests, 
18.23 	wetlands, and other aquatic systems from 
18.24 	genetic contamination.
18.25 	(c) All conservation easements acquired with 
18.26 	money appropriated under this section must: 
18.27 	(1) be permanent; (2) specify the parties to 
18.28 	the easement; (3) specify all of the provisions 
18.29 	of an agreement that are permanent; (4) 
18.30 	specify the habitat types and location 
18.31 	being protected; (5) where appropriate for 
18.32 	conservation or water protection outcomes, 
18.33 	require the grantor to employ practices 
18.34 	retaining water on the eased land as long as 
18.35 	practicable; (6) specify the responsibilities 
19.1 	of the parties for habitat enhancement and 
19.2 	restoration and the associated costs of these 
19.3 	activities; (7) be sent to the office of the 
19.4 	Lessard-Sams Outdoor Heritage Council; (8) 
19.5 	include a long-term stewardship plan and 
19.6 	identify the sources and amount of funding 
19.7 	for monitoring and enforcing the easement 
19.8 	agreement; and (9) identify the parties 
19.9 	responsible for monitoring and enforcing the 
19.10 	easement agreement.
19.11 	(d) For all restorations, a recipient must 
19.12 	prepare and retain an ecological restoration 
19.13 	and management plan that, to the degree 
19.14 	practicable, is consistent with current 
19.15 	conservation science and ecological goals 
19.16 	for the restoration site. Consideration should 
19.17 	be given to soil, geology, topography, and 
19.18 	other relevant factors that would provide 
19.19 	the best chance for long-term success and 
19.20 	durability of the restoration projects. The 
19.21 	plan must include the proposed timetable for 
19.22 	implementing the restoration, including, but 
19.23 	not limited to, site preparation, establishment 
19.24 	of diverse plant species, maintenance, and 
19.25 	additional enhancement to establish the 
19.26 	restoration; identify long-term maintenance 
19.27 	and management needs of the restoration 
19.28 	and how the maintenance, management, 
19.29 	and enhancement will be financed; and use 
19.30 	current conservation science to achieve the 
19.31 	best restoration.
19.32 	(e) For new lands acquired, a recipient 
19.33 	must prepare a restoration and management 
19.34 	plan in compliance with paragraph (d), 
19.35 	including identification of sufficient funding 
19.36 	for implementation.
20.1 	(f) To ensure public accountability for the 
20.2 	use of public funds, a recipient must provide 
20.3 	to the Lessard-Sams Outdoor Heritage 
20.4 	Council documentation of the process 
20.5 	used to select parcels acquired in fee or as 
20.6 	permanent conservation easements and must 
20.7 	provide the council with documentation 
20.8 	of all related transaction costs, including, 
20.9 	but not limited to, appraisals, legal fees, 
20.10 	recording fees, commissions, other similar 
20.11 	costs, and donations. This information 
20.12 	must be provided for all parties involved 
20.13 	in the transaction. The recipient must 
20.14 	also report to the Lessard-Sams Outdoor 
20.15 	Heritage Council any difference between the 
20.16 	acquisition amount paid to the seller and the 
20.17 	state-certified or state-reviewed appraisal, if 
20.18 	a state-certified or state-reviewed appraisal 
20.19 	was conducted. Acquisition data such 
20.20 	as appraisals may remain private during 
20.21 	negotiations but must ultimately be made 
20.22 	public according to Minnesota Statutes, 
20.23 	chapter 13.
20.24 	(g) Except as otherwise provided in this 
20.25 	section, all restoration and enhancement 
20.26 	projects funded with money appropriated 
20.27 	under this section must be on land 
20.28 	permanently protected by a conservation 
20.29 	easement or public ownership or in public 
20.30 	waters as defined in Minnesota Statutes, 
20.31 	section 103G.005, subdivision 15.
20.32 	(h) To the extent an appropriation is used to 
20.33 	acquire an interest in real property, a recipient 
20.34 	of an appropriation under this section must 
20.35 	provide to the Lessard-Sams Outdoor 
20.36 	Heritage Council and the commissioner 
21.1 	of management and budget an analysis of 
21.2 	increased operations and maintenance costs 
21.3 	likely to be incurred by public entities as 
21.4 	a result of the acquisition and of how these 
21.5 	costs are to be paid.
21.6 	(i) A recipient of money from an 
21.7 	appropriation under this section must give 
21.8 	consideration to and make timely written 
21.9 	contact with Conservation Corps Minnesota 
21.10 	for possible use of the corps' services to 
21.11 	contract for restoration and enhancement 
21.12 	services. A copy of the written contact 
21.13 	must be filed with the Lessard-Sams 
21.14 	Outdoor Heritage Council within 15 days of 
21.15 	execution.
21.16 	(j) A recipient of money under this section 
21.17 	must erect signage according to Laws 2009, 
21.18 	chapter 172, article 5, section 10.

21.19
21.20	Subd. 10.Payment Conditions and Capital 
Equipment Expenditures
 					
21.21 	All agreements, grants, or contracts referred 
21.22 	to in this section must be administered on 
21.23 	a reimbursement basis unless otherwise 
21.24 	provided in this section. Notwithstanding 
21.25 	Minnesota Statutes, section 16A.41, 
21.26 	expenditures directly related to each 
21.27 	appropriation's purpose made on or after July 
21.28 	1, 2011, are eligible for reimbursement unless 
21.29 	otherwise provided in this section. Periodic 
21.30 	reimbursement must be made upon receiving 
21.31 	documentation that the deliverable items 
21.32 	articulated in the approved accomplishment 
21.33 	plan have been achieved, including partial 
21.34 	achievements as evidenced by approved 
21.35 	progress reports. Reasonable amounts may 
21.36 	be advanced to projects to accommodate 
22.1 	cash flow needs, support future management 
22.2 	of acquired lands, or match a federal share. 
22.3 	The advances must be approved as part of 
22.4 	the accomplishment plan. Capital equipment 
22.5 	expenditures for specific items in excess of 
22.6 	$10,000 must be itemized in and approved as 
22.7 	part of the accomplishment plan.

22.8
22.9	Subd. 11.Purchase of Recycled and Recyclable 
Materials
 					
22.10 	A political subdivision, public or private 
22.11 	corporation, or other entity that receives an 
22.12 	appropriation under this section must use the 
22.13 	appropriation in compliance with Minnesota 
22.14 	Statutes, sections 16B.121, regarding 
22.15 	purchase of recycled, repairable, and durable 
22.16 	materials, and 16B.122, regarding purchase 
22.17 	and use of paper stock and printing.

22.18	Subd. 12.Accessibility
 					
22.19 	Structural and nonstructural facilities must 
22.20 	meet the design standards in the Americans 
22.21 	with Disabilities Act (ADA) accessibility 
22.22 	guidelines.

22.23	Subd. 13.Land Acquisition Restrictions
 					
22.24 	(a) An interest in real property, including, but 
22.25 	not limited to, an easement or fee title that 
22.26 	is acquired with money appropriated under 
22.27 	this section must be used in perpetuity or for 
22.28 	the specific term of an easement interest for 
22.29 	the purpose for which the appropriation was 
22.30 	made.
22.31 	(b) A recipient of funding who acquires 
22.32 	an interest in real property subject to this 
22.33 	subdivision may not alter the intended use 
22.34 	of the interest in real property or convey 
22.35 	any interest in the real property acquired 
23.1 	with the appropriation without the prior 
23.2 	review and approval of the Lessard-Sams 
23.3 	Outdoor Heritage Council or its successor. 
23.4 	The council shall notify the chairs and 
23.5 	ranking minority members of the legislative 
23.6 	committees and divisions with jurisdiction 
23.7 	over the outdoor heritage fund at least 15 
23.8 	business days before approval under this 
23.9 	paragraph. The council shall establish 
23.10 	procedures to review requests from recipients 
23.11 	to alter the use of or convey an interest in 
23.12 	real property. These procedures shall allow 
23.13 	for the replacement of the interest in real 
23.14 	property with another interest in real property 
23.15 	meeting the following criteria: (1) the 
23.16 	interest must be at least equal in fair market 
23.17 	value, as certified by the commissioner 
23.18 	of natural resources, to the interest being 
23.19 	replaced; and (2) the interest must be in a 
23.20 	reasonably equivalent  location and have a 
23.21 	reasonably equivalent  useful conservation 
23.22 	purpose compared to the  interest being 
23.23 	replaced, taking into consideration all effects 
23.24 	from fragmentation of the whole habitat.
23.25 	(c) A recipient of funding who acquires an 
23.26 	interest in real property under paragraph 
23.27 	(a) must separately record a notice of 
23.28 	funding restrictions in the appropriate local 
23.29 	government office where the conveyance 
23.30 	of the interest in real property is filed. The 
23.31 	notice of funding agreement must contain: 
23.32 	(1) a legal description of the interest in real 
23.33 	property covered by the funding agreement; 
23.34 	(2) a reference to the underlying funding 
23.35 	agreement; (3) a reference to this section; and 
23.36 	(4) the following statement: "This interest 
24.1 	in real property shall be administered in 
24.2 	accordance with the terms, conditions, and 
24.3 	purposes of the grant agreement controlling 
24.4 	the acquisition of the property. The interest 
24.5 	in real property, or any portion of the interest 
24.6 	in real property, shall not be sold, transferred, 
24.7 	pledged, or otherwise disposed of or further 
24.8 	encumbered without obtaining the prior 
24.9 	written approval of the Lessard-Sams 
24.10 	Outdoor Heritage Council or its successor. 
24.11 	The ownership of the interest in real property 
24.12 	shall transfer to the state if: (1) the holder of 
24.13 	the interest in real property fails to comply 
24.14 	with the terms and conditions of the grant 
24.15 	agreement or accomplishment plan; or 
24.16 	(2) restrictions are placed on the land that 
24.17 	preclude its use for the intended purpose as 
24.18 	specified in the appropriation."

24.19	Subd. 14.Real Property Interest Report
 					
24.20 	By December 1 each year, a recipient of 
24.21 	money appropriated under this section that 
24.22 	is used for the acquisition of an interest in 
24.23 	real property, including, but not limited to, 
24.24 	an easement or fee title, must submit annual 
24.25 	reports on the status of the real property to 
24.26 	the Lessard-Sams Outdoor Heritage Council 
24.27 	or its successor in a form determined by the 
24.28 	council. The responsibility for reporting 
24.29 	under this section may be transferred by 
24.30 	the recipient of the appropriation to another 
24.31 	person or entity that holds the interest in the 
24.32 	real property. To complete the transfer of 
24.33 	reporting responsibility, the recipient of the 
24.34 	appropriation must: (1) inform the person to 
24.35 	whom the responsibility is transferred of that 
24.36 	person's reporting responsibility; (2) inform 
25.1 	the person to whom the responsibility is 
25.2 	transferred of the property restrictions under 
25.3 	subdivision 13; (3) provide written notice 
25.4 	to the council of the transfer of reporting 
25.5 	responsibility, including contact information 
25.6 	for the person to whom the responsibility is 
25.7 	transferred; and (4) provide the council or 
25.8 	its successor written documentation from the 
25.9 	person or entity holding the interest in real 
25.10 	property certifying the person's or entity's 
25.11 	acceptance of all reporting obligations 
25.12 	and responsibilities previously held by the 
25.13 	recipient of the appropriation. After the 
25.14 	transfer, the person or entity that holds the 
25.15 	interest in the real property is responsible for 
25.16 	reporting requirements under this section.

25.17
25.18	Subd. 15.Easement Monitoring and 
Enforcement Requirements
 					
25.19 	Money appropriated under this section 
25.20 	for easement monitoring and enforcement 
25.21 	may be spent only on activities included in 
25.22 	an easement monitoring and enforcement 
25.23 	plan contained within the accomplishment 
25.24 	plan. Money received for monitoring 
25.25 	and enforcement, including earnings on 
25.26 	the money received, shall be kept in a 
25.27 	monitoring and enforcement fund held by 
25.28 	the organization and dedicated to monitoring 
25.29 	and enforcing conservation easements within 
25.30 	Minnesota. Within 120 days after the close 
25.31 	of the entity's fiscal year, an entity receiving 
25.32 	appropriations for easement monitoring 
25.33 	and enforcement must provide an annual 
25.34 	financial report to the Lessard-Sams Outdoor 
25.35 	Heritage Council on the easement monitoring 
25.36 	and enforcement fund as specified in the 
26.1 	accomplishment plan. Money appropriated 
26.2 	under this section for monitoring and 
26.3 	enforcement of easements and earnings on 
26.4 	the money appropriated shall revert to the 
26.5 	state if: (1) the easement transfers to the 
26.6 	state under subdivision 13; (2) the holder of 
26.7 	the easement fails to file an annual report 
26.8 	and then fails to cure that default within 30 
26.9 	days of notification of the default by the 
26.10 	state; or (3) the holder of the easement fails 
26.11 	to comply with the terms of the monitoring 
26.12 	and enforcement plan contained within the 
26.13 	accomplishment plan and fails to cure that 
26.14 	default within 90 days of notification of the 
26.15 	default by the state.

26.16	Subd. 16.Successor Organizations
 					
26.17 	The Lessard-Sams Outdoor Heritage Council 
26.18 	may approve the continuation of a project 
26.19 	with an organization that has adopted 
26.20 	a new name. Continuation of a project 
26.21 	with an organization that has undergone 
26.22 	a significant change in mission, structure, 
26.23 	or purpose requires: (1) notice to the 
26.24 	chairs of the legislative committees with 
26.25 	relevant jurisdiction; and (2) presentation 
26.26 	by the council of proposed legislation either 
26.27 	ratifying or rejecting continued involvement 
26.28 	with the new organization.

26.29 	Sec. 3. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision 
26.30 	to read:
26.31 		Subd. 1a.Definitions. For the purpose of appropriations from the outdoor heritage 
26.32 	fund, "recipient" means the entity responsible for deliverables financed by the outdoor 
26.33 	heritage fund.

26.34 	EFFECTIVE DATE. This section is effective retroactively from July 1, 2009.

27.1 	Sec. 4. Minnesota Statutes 2010, section 97A.056, subdivision 2, is amended to read:
27.2 		Subd. 2.Lessard-Sams Outdoor Heritage Council. (a) The Lessard-Sams 
27.3 	Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of:
27.4 	(1) two public members appointed by the senate Subcommittee on Committees of 
27.5 	the Committee on Rules and Administration;
27.6 	(2) two public members appointed by the speaker of the house;
27.7 	(3) four public members appointed by the governor;
27.8 	(4) two members of the senate appointed by the senate Subcommittee on Committees 
27.9 	of the Committee on Rules and Administration; and
27.10 	(5) two members of the house of representatives appointed by the speaker of the 
27.11 	house.
27.12 	(b) Members appointed under paragraph (a) must not be registered lobbyists. 
27.13 	In making appointments, the governor, senate Subcommittee on Committees of the 
27.14 	Committee on Rules and Administration, and the speaker of the house shall consider 
27.15 	geographic balance, gender, age, ethnicity, and varying interests including hunting and 
27.16 	fishing. The governor's appointments to the council are subject to the advice and consent 
27.17 	of the senate.
27.18 	(c) Public members appointed under paragraph (a) shall have practical experience 
27.19 	or expertise or demonstrated knowledge in the science, policy, or practice of restoring, 
27.20 	protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and 
27.21 	wildlife.
27.22 	(d) Legislative members appointed under paragraph (a) shall include the chairs 
27.23 	of the legislative committees with jurisdiction over environment and natural resources 
27.24 	finance or their designee, one member from the minority party of the senate, and one 
27.25 	member from the minority party of the house of representatives.
27.26 	(e) Public members serve four-year terms and. Appointed legislative members serve 
27.27 	at the pleasure of the appointing authority. Public and legislative members continue to 
27.28 	serve until their successors are appointed.  Public members  shall be initially appointed 
27.29 	according to the following schedule of terms:
27.30 	(1) two public members appointed by the governor for a term ending the first 
27.31 	Monday in January 2011;
27.32 	(2) one public member appointed by the senate Subcommittee on Committees of the 
27.33 	Committee on Rules and Administration for a term ending the first Monday in January 
27.34 	2011;
27.35 	(3) one public member appointed by the speaker of the house for a term ending 
27.36 	the first Monday in January 2011;
28.1 	(4) two public members appointed by the governor for a term ending the first 
28.2 	Monday in January 2013;
28.3 	(5) one public member appointed by the senate Subcommittee on Committees of the 
28.4 	Committee on Rules and Administration for a term ending the first Monday in January 
28.5 	2013; and
28.6 	(6) one public member appointed by the speaker of the house for a term ending the 
28.7 	first Monday in January 2013; and.
28.8 	(7) two members of the senate appointed by the senate Subcommittee on Committees 
28.9 	of the Committee on Rules and Administration for a term ending the first Monday in 
28.10 	January 2013, and two members of the house of representatives appointed by the speaker 
28.11 	of the house for a term ending the first Monday in January 2013.
28.12 	(f) Compensation and removal of public members are as provided in section 
28.13 	15.0575. A vacancy on the council may be filled by the appointing authority for the 
28.14 	remainder of the unexpired term.
28.15 	(g) The first meeting of the council shall be convened by the chair of the Legislative 
28.16 	Coordinating Commission no later than December 1, 2008. Members shall elect a chair, 
28.17 	vice-chair, secretary, and other officers as determined by the council. The chair may 
28.18 	convene meetings as necessary to conduct the duties prescribed by this section.
28.19 	(h) Upon coordination with and approval by the Legislative Coordinating 
28.20 	Commission, the council may appoint nonpartisan staff and contract with consultants 
28.21 	as necessary to carry out the functions of the council. Up to one percent of the money 
28.22 	appropriated from the fund may be used to pay for administrative expenses of the council 
28.23 	and for compensation and expense reimbursement of council members.

28.24 	Sec. 5. Laws 2009, chapter 172, article 1, section 2, subdivision 3, is amended to read:

28.25	Subd. 3.Forests
 		18,000,000
		18,000,000
	
28.26 	$18,000,000 in fiscal year 2010 and 
28.27 	$18,000,000 in fiscal year 2011 are to the 
28.28 	commissioner of natural resources to acquire 
28.29 	land or permanent working forest easements 
28.30 	on private forests in areas identified through 
28.31 	the Minnesota forests for the future program 
28.32 	under Minnesota Statutes, section 84.66. 
28.33 	Up to $750,000 in fiscal year 2011 may 
28.34 	be deposited in an account and used for 
28.35 	long-term monitoring and enforcement of 
29.1 	the easements acquired. Money and interest 
29.2 	earned shall be kept in a separate fund and 
29.3 	dedicated to monitoring and enforcement 
29.4 	of permanent working forest easements 
29.5 	acquired with appropriations from the 
29.6 	outdoor heritage fund. Priority must be 
29.7 	given to acquiring land or interests in private 
29.8 	lands within existing Minnesota state forest 
29.9 	boundaries. Any easements acquired must 
29.10 	have a forest management plan as defined 
29.11 	in Minnesota Statutes, section 290C.02, 
29.12 	subdivision 7. A list of proposed fee title 
29.13 	and easement acquisitions must be provided 
29.14 	as part of the required accomplishment 
29.15 	plan. The fiscal year 2011 appropriation 
29.16 	is available only for acquisitions that, by 
29.17 	August 15, 2009, are:
29.18 	(1) subject to a binding agreement with the 
29.19 	commissioner; and
29.20 	(2) matched by at least $9,000,000 in private 
29.21 	donations.