Minnesota Legislature
HF 1231
1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:27pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to state government; appropriating money from dedicated funds for
1.3natural resource and arts and cultural heritage purposes; modifying administration
1.4of the Lessard Outdoor Heritage Council; modifying provisions relating to the
1.5Mississippi River Critical Area; providing for the allocation of certain funding
1.6for metropolitan area parks and trails; creating a regional park and trail grant
1.7program; providing funding for a statewide 25-year park and trail framework;
1.8providing for a legacy Web site, signs, and a 25-year strategic plan; establishing
1.9a Dakota and Ojibwe language revitalization and preservation volunteer
1.10working group;amending Minnesota Statutes 2008, sections 85.53; 97A.056,
1.11subdivisions 2, 7; 116G.15; proposing coding for new law in Minnesota Statutes,
1.12chapters 85; 129D; proposing coding for new law as Minnesota Statutes, chapter
1.13129E; repealing Minnesota Statutes 2008, section 129D.17.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.18The sums shown in the columns marked "Appropriations" are appropriated to the
1.19agencies and for the purposes specified in this article. The appropriations are from the
1.20outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
1.21figures "2010" and "2011" used in this article mean that the appropriations listed under
1.22them are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.
1.23"The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium"
1.24is fiscal years 2010 and 2011. The appropriations in this article are onetime.
2.3This appropriation is from the outdoor
2.4heritage fund.
2.5The amounts that may be spent for each
2.6purpose are specified in the following
2.7subdivisions.
2.11$1,700,000 in fiscal year 2010 is to the
2.12commissioner of natural resources to
2.13accelerate the restoration and enhancement
2.14of native prairie vegetation on public
2.15lands, including roadsides. A list of
2.16proposed projects, describing the types and
2.17locations of restorations and enhancements,
2.18must be provided as part of the required
2.19accomplishment plan.
2.21$1,617,000 in fiscal year 2010 is to the
2.22commissioner of natural resources for an
2.23agreement with the Southwest Initiative
2.24Foundation to acquire land in Redwood
2.25County to be added to the state outdoor
2.26recreation system. A list of proposed fee
2.27title acquisitions must be provided as part
2.28of the required accomplishment plan. The
2.29commissioner of natural resources must
2.30agree to each proposed acquisition. No more
2.31than five percent of this appropriation may
2.32be spent on professional services directly
2.33related to this appropriation's purposes.
3.3$3,000,000 in fiscal year 2010 is to the
3.4commissioner of natural resources for an
3.5agreement with Pheasants Forever to acquire
3.6and restore land to be added to the state
3.7wildlife management area system. A list
3.8of proposed fee title acquisitions and a list
3.9of proposed restoration projects, describing
3.10the types and locations of restorations,
3.11must be provided as part of the required
3.12accomplishment plan. The commissioner
3.13of natural resources must agree to each
3.14proposed acquisition.
3.17$3,913,000 in fiscal year 2010 is to the
3.18commissioner of natural resources to
3.19acquire land for wildlife management areas
3.20with native prairie or grassland habitats.
3.21A list of proposed fee title acquisitions
3.22must be provided as part of the required
3.23accomplishment plan.
3.26$1,583,000 in fiscal year 2010 is to the
3.27commissioner of natural resources for an
3.28agreement with the United States Fish
3.29and Wildlife Service to acquire land or
3.30permanent easements within the Northern
3.31Tall Grass Prairie Habitat Preservation Area
3.32in western Minnesota. The commissioner
3.33may advance funds to the United States Fish
3.34and Wildlife Service. A list of proposed fee
3.35title and permanent easement acquisitions
4.1must be provided as part of the required
4.2accomplishment plan.
4.4$500,000 in fiscal year 2010 is to the
4.5commissioner of natural resources for an
4.6agreement with the Minnesota Land Trust
4.7to acquire permanent easements protecting
4.8critical prairie and grassland habitats in the
4.9blufflands in southeastern Minnesota. A list
4.10of proposed fee title and permanent easement
4.11acquisitions must be provided as part of the
4.12required accomplishment plan.
4.14$1,900,000 in fiscal year 2010 is to the
4.15commissioner of natural resources for an
4.16agreement with Anoka County to acquire
4.17land at the confluence of the Rum River and
4.18Cedar Creek in Anoka County. Acquired
4.19land must remain open to hunting and
4.20fishing, consistent with the capacity of the
4.21land, during the open season, as determined
4.22by the commissioner of natural resources.
4.23This is the first of two planned appropriations
4.24for this acquisition.
4.26$20,000,000 in fiscal year 2010 and
4.27$16,000,000 in fiscal year 2011 are to the
4.28commissioner of natural resources to acquire
4.29land or permanent working forest easements
4.30on private forests in areas identified through
4.31the Minnesota forests for the future program
4.32under Minnesota Statutes, section 84.66.
4.33Priority must be given to acquiring land
4.34or interests in private lands within existing
5.1Minnesota state forest boundaries. Any
5.2easements acquired must have a forest
5.3management plan as defined in Minnesota
5.4Statutes, section 290C.02, subdivision 7.
5.5A list of proposed fee title and easement
5.6acquisitions must be provided as part of the
5.7required accomplishment plan. The fiscal
5.8year 2011 appropriation is available only for
5.9acquisitions that, by August 15, 2009, are:
5.10(1) subject to a binding agreement with the
5.11commissioner; and
5.12(2) matched by at least $9,000,000 in private
5.13donations.
5.17$2,900,000 in fiscal year 2010 is to the
5.18commissioner of natural resources to
5.19acquire land for wildlife management areas.
5.20A list of proposed fee title acquisitions
5.21must be provided as part of the required
5.22accomplishment plan.
5.25$2,528,000 in fiscal year 2010 is to the
5.26commissioner of natural resources for an
5.27agreement with Ducks Unlimited, Inc. to
5.28restore and enhance shallow lake habitats.
5.29Up to $400,000 of this appropriation may
5.30be used for permanent easements related to
5.31shallow lake restorations and enhancements.
5.32A list of proposed easements and projects,
5.33describing the types and locations of
5.34easements, restorations, and enhancements,
5.35must be provided as part of the required
6.1accomplishment plan. The commissioner
6.2of natural resources must agree to each
6.3easement, restoration, and enhancement.
6.6$5,600,000 in fiscal year 2010 is to the
6.7commissioner of natural resources for
6.8an agreement with Pheasants Forever to
6.9acquire and restore wetland and related
6.10upland habitats, in cooperation with the
6.11United States Fish and Wildlife Service
6.12and Ducks Unlimited, Inc., to be managed
6.13as waterfowl production areas. A list of
6.14proposed acquisitions and a list of proposed
6.15projects, describing the types and locations
6.16of restorations, must be provided as part of
6.17the required accomplishment plan.
6.20$9,058,000 in fiscal year 2010 is to the Board
6.21of Water and Soil Resources to acquire
6.22permanent easements and restore wetlands
6.23and associated uplands in cooperation with
6.24the United States Department of Agriculture
6.25Wetlands Reserve Program. A list of
6.26proposed acquisitions and a list of proposed
6.27projects, describing the types and locations
6.28of restorations, must be provided as part of
6.29the required accomplishment plan.
6.31$450,000 in fiscal year 2010 is to the
6.32commissioner of natural resources for an
6.33agreement with Ducks Unlimited, Inc. to
6.34protect habitat by acquiring land associated
6.35with shallow lakes. A list of proposed
7.1acquisitions must be provided as part of
7.2the required accomplishment plan. The
7.3commissioner of natural resources must
7.4agree to each proposed acquisition.
7.8$4,000,000 in fiscal year 2010 is to the
7.9commissioner of natural resources for
7.10an agreement with the National Fish and
7.11Wildlife Foundation to provide competitive,
7.12matching grants of up to $400,000 to local,
7.13regional, state, and national organizations,
7.14including government, for enhancement,
7.15restoration, or protection of forests, wetlands,
7.16prairies, and habitat for fish, game, or
7.17wildlife in Minnesota. The funds may be
7.18advanced in three equal sums, on or after
7.19November 1, 2009, February 1, 2010, and
7.20April 1, 2010. Grantees may protect land
7.21through acquisition of land or interests in
7.22land. Easements must be permanent. Land
7.23acquired in fee must be open to hunting
7.24and fishing during the open season unless
7.25otherwise provided by state law. The
7.26commissioner of natural resources must
7.27agree to each proposed acquisition of land or
7.28interest in land. The program shall require
7.29a match of at least $1 nonstate funds to $10
7.30state funds. Nonstate dollars match may be
7.31in-kind. The criteria for evaluating grant
7.32applications must include amount of habitat
7.33restored, enhanced, or protected; local
7.34support; degree of collaboration; urgency;
7.35multiple benefits; habitat benefits provided;
7.36consistency with sound conservation science;
8.1adjacency to protected lands; full funding of
8.2the project; supplementing existing funding;
8.3public access for hunting and fishing during
8.4the open season; sustainability; and use
8.5of native plant materials. All projects
8.6must conform to the Minnesota statewide
8.7conservation and preservation plan. Wildlife
8.8habitat projects must also conform to the
8.9state wildlife action plan. All restoration
8.10or enhancement projects must be on land
8.11permanently protected by conservation
8.12easement or public ownership. No more
8.13than four of the members of the Lessard
8.14Outdoor Heritage Council may be selected
8.15to sit on any advising panel developed by
8.16the National Fish and Wildlife Foundation.
8.17The program must be open for application
8.18year-round and grants must be evaluated and
8.19granted at least every three months. Up to
8.20six percent of this appropriation is available
8.21for grant program management expenses,
8.22including indirect expenses related to this
8.23grant program, of the National Fish and
8.24Wildlife Foundation. The National Fish
8.25and Wildlife Foundation's administration
8.26and management must be consistent with
8.27Minnesota Statutes, sections 16B.97 and
8.2816B.98, and policies adopted thereunder by
8.29the Department of Administration, Office of
8.30Grants Management. Subdivision 10 applies
8.31to grants awarded under this paragraph. This
8.32appropriation is available until June 30,
8.332013, at which time all grant projects must
8.34be completed and final products delivered,
8.35unless an earlier date is specified in the grant
8.36agreement. No less than 15 percent of the
9.1amount of each grant must be held back from
9.2reimbursement until the grant recipient has
9.3completed a grant accomplishment report in
9.4the form prescribed by and satisfactory to the
9.5Lessard Outdoor Heritage Council.
9.7$5,748,000 in fiscal year 2010 is to the
9.8commissioner of natural resources to acquire
9.9land in fee title and easement to be added to
9.10the state aquatic management area system.
9.11Acquired land must remain open to hunting
9.12and fishing, consistent with the capacity
9.13of the land, during the open season, as
9.14determined by the commissioner of natural
9.15resources. A list of proposed fee title and
9.16easement acquisitions must be provided as
9.17part of the required accomplishment plan.
9.20$2,050,000 in fiscal year 2010 is to the
9.21commissioner of natural resources for
9.22an agreement with Trout Unlimited to
9.23restore, enhance, and protect cold water
9.24river and stream habitats in Minnesota. A
9.25list of proposed acquisitions and a list of
9.26proposed projects, describing the types and
9.27locations of restorations and enhancements,
9.28must be provided as part of the required
9.29accomplishment plan. The commissioner
9.30of natural resources must agree to each
9.31proposed acquisition, restoration, and
9.32enhancement.
9.34$1,000,000 in fiscal year 2010 is to the
9.35commissioner of natural resources for
10.1an agreement with Dakota County for
10.2acquisition of permanent easements. A list
10.3of proposed acquisitions must be provided as
10.4part of the required accomplishment plan.
10.7$450,000 in fiscal year 2010 is to the
10.8commissioner of natural resources for an
10.9agreement with the Three Rivers Park
10.10District to improve the water quality in Lake
10.11Rebecca in Lake Rebecca Park Reserve
10.12in Hennepin County. A description of the
10.13activities to enhance fish habitat in Lake
10.14Rebecca must be provided as part of the
10.15required accomplishment plan.
10.17$655,000 in fiscal year 2010 is to the
10.18commissioner of natural resources for
10.19an agreement with the Shell Rock River
10.20Watershed District to construct fish barriers
10.21at three locations on Fountain Lake. Land
10.22acquisition necessary for fish barrier
10.23construction is permitted. A list of proposed
10.24projects, describing the types and locations
10.25of barriers, must be provided as part of
10.26the required accomplishment plan. The
10.27commissioner of natural resources must
10.28agree to each proposed barrier.
10.31$175,000 in fiscal year 2010 is to the
10.32commissioner of natural resources for
10.33contract management, in fiscal years 2010
10.34and 2011, for duties assigned in this section.
11.2$695,000 in fiscal year 2010 is to the
11.3Legislative Coordinating Commission for
11.4administrative expenses of the Lessard
11.5Outdoor Heritage Council and for
11.6compensation and expense reimbursement
11.7of council members. Up to $100,000 may
11.8be transferred to the game and fish fund as
11.9reimbursement for advances to the Lessard
11.10Outdoor Heritage Council made in fiscal
11.11year 2009.
11.14Travel to and from site visits by council
11.15members paid for under paragraph (b) are
11.16not meetings of the council for the purpose
11.17of receiving information under Minnesota
11.18Statutes, section 97A.056, subdivision 5.
11.20Unless otherwise provided, the amounts in
11.21this section are available until June 30, 2011,
11.22when projects must be completed and final
11.23accomplishments reported. For acquisition
11.24of an interest in real property, the amounts in
11.25this section are available until June 30, 2012.
11.26If a project receives federal funds, the time
11.27period of the appropriation is extended to
11.28equal the availability of federal funding.
11.30When the operations of the outdoor heritage
11.31fund would be impeded by projected cash
11.32deficiencies resulting from delays in the
11.33receipt of dedicated income, and when the
11.34deficiencies would be corrected within fiscal
12.1year 2010, the commissioner of finance may
12.2use fund-level cash reserves to meet cash
12.3demands of the outdoor heritage fund. If
12.4funds are transferred from the general fund to
12.5meet cash flow needs, the cash flow transfers
12.6must be returned to the general fund as soon
12.7as sufficient cash balances are available
12.8in the outdoor heritage fund. Any interest
12.9earned on general fund cash flow transfers
12.10accrues to the general fund and not to the
12.11outdoor heritage fund.
12.13It is a condition of acceptance of the
12.14appropriations made by this section that the
12.15agency or entity using the appropriation shall
12.16submit to the council an accomplishment
12.17plan and periodic accomplishment reports in
12.18the form determined by the Lessard Outdoor
12.19Heritage Council. The accomplishment plan
12.20must account for the use of the appropriation
12.21and outcomes of the expenditure in measures
12.22of wetlands, prairies, forests, and fish, game,
12.23and wildlife habitat restored, protected, and
12.24enhanced. The plan must include evaluation
12.25of results. None of the money provided
12.26in this section may be expended unless
12.27the council has approved the pertinent
12.28accomplishment plan.
12.30(a) As a condition of accepting an
12.31appropriation in this section, any agency or
12.32entity receiving an appropriation must, for
12.33any project funded in whole or in part with
12.34funds from the appropriation:
13.1(1) plant vegetation or sow seed only of
13.2native ecotypes to Minnesota and preferably
13.3of the local ecotype using a high diversity
13.4of species grown as close to the restoration
13.5site as possible, if the planting of vegetation
13.6or sowing of seed is a component of the
13.7accomplishment plan;
13.8(2) provide that all easements:
13.9(i) are permanent;
13.10(ii) specify the parties to an easement in the
13.11easement;
13.12(iii) specify all of the provisions of an
13.13agreement that are permanent;
13.14(iv) are sent to the office of the Lessard
13.15Outdoor Heritage Council; and
13.16(v) include a long-term stewardship plan and
13.17funding for monitoring and enforcing the
13.18easement agreement;
13.19(3) for all restorations, prepare an ecological
13.20restoration and management plan that, to
13.21the degree practicable, is consistent with the
13.22highest quality conservation and ecological
13.23goals for the restoration site. Consideration
13.24should be given to soil, geology, topography,
13.25and other relevant factors that would provide
13.26the best chance for long-term success of the
13.27restoration projects. The plan shall include
13.28the proposed timetable for implementing
13.29the restoration, including, but not limited
13.30to, site preparation, establishment of
13.31diverse plant species, maintenance, and
13.32additional enhancement to establish the
13.33restoration; identify long-term maintenance
13.34and management needs of the restoration
14.1and how the maintenance, management, and
14.2enhancement will be financed; and use the
14.3best available science to achieve the best
14.4restoration;
14.5(4) for new lands acquired, prepare a
14.6restoration and management plan in
14.7compliance with clause (3), including
14.8identification of sufficient funding for
14.9implementation;
14.10(5) to ensure public accountability for the
14.11use of public funds, provide to the Lessard
14.12Outdoor Heritage Council documentation
14.13of the selection process used to identify
14.14parcels acquired and provide documentation
14.15of all related transaction costs, including
14.16but not limited to appraisals, legal fees,
14.17recording fees, commissions, other similar
14.18costs, and donations. This information must
14.19be provided for all parties involved in the
14.20transaction. The recipient shall also report to
14.21the Lessard Outdoor Heritage Council any
14.22difference between the acquisition amount
14.23paid to the seller and the state-certified or
14.24state-reviewed appraisal. Acquisition data
14.25such as appraisals may remain private during
14.26negotiations but must ultimately be made
14.27public according to Minnesota Statutes,
14.28chapter 13;
14.29(6) provide that all restoration and
14.30enhancement projects are on land
14.31permanently protected by conservation
14.32easement or public ownership; and
14.33(7) give consideration to contracting with the
14.34Minnesota Conservation Corps for contract
14.35restoration and enhancement services.
15.1(b) The Lessard Outdoor Heritage Council
15.2may waive the application of paragraph (a),
15.3clause (5), for specific projects.
15.6All agreements, grants, or contracts referred
15.7to in this section must be administered on
15.8a reimbursement basis unless otherwise
15.9provided in this section. Payments for
15.10reimbursement may not be made before
15.11November 1, 2009. Notwithstanding
15.12Minnesota Statutes, section 16A.41,
15.13expenditures directly related to each
15.14appropriation's purpose made on or after July
15.151, 2009, are eligible for reimbursement unless
15.16otherwise provided in this section. Periodic
15.17payment must be made upon receiving
15.18documentation that the deliverable items
15.19articulated in the approved accomplishment
15.20plan have been achieved, including partial
15.21achievements as evidenced by approved
15.22progress reports. Reasonable amounts may
15.23be advanced to projects to accommodate
15.24cash flow needs or to match federal share.
15.25The advances must be approved as part of
15.26the accomplishment plan. Capital equipment
15.27expenditures in excess of $10,000 must be
15.28approved as part of the accomplishment plan.
15.31A political subdivision, public or private
15.32corporation, or other entity that receives an
15.33appropriation in this section must use the
15.34appropriation in compliance with Minnesota
15.35Statutes, sections 16B.121, regarding
15.36purchase of recycled, repairable, and durable
16.1materials, and 16B.122, regarding purchase
16.2and use of paper stock and printing.
16.4Structural and nonstructural facilities must
16.5meet the design standards in the Americans
16.6with Disabilities Act (ADA) accessibility
16.7guidelines.
16.9(a) An interest in real property, including but
16.10not limited to an easement or fee title, that
16.11is acquired with money appropriated under
16.12this section must be used in perpetuity or for
16.13the specific term of an easement interest for
16.14the purpose for which the appropriation was
16.15made.
16.16(b) A recipient of funding who acquires
16.17an interest in real property subject to this
16.18subdivision may not alter the intended use of
16.19the interest in real property or convey any
16.20interest in the real property acquired with the
16.21appropriation without the prior review and
16.22approval of the Lessard Outdoor Heritage
16.23Council or its successor. The council shall
16.24establish procedures to review requests from
16.25recipients to alter the use of or convey an
16.26interest in real property. These procedures
16.27shall allow for the replacement of the interest
16.28in real property with another interest in real
16.29property meeting the following criteria:
16.30(1) the interest is at least equal in fair market
16.31value, as certified by the commissioner
16.32of natural resources, to the interest being
16.33replaced; and
17.1(2) the interest is in a reasonably equivalent
17.2location and has a reasonably equivalent
17.3useful conservation purpose compared to the
17.4interest being replaced.
17.5(c) A recipient of funding who acquires an
17.6interest in real property under paragraph
17.7(a) must separately record a notice of
17.8funding restrictions in the appropriate local
17.9government office where the conveyance
17.10of the interest in real property is filed. The
17.11notice of funding agreement must contain:
17.12(1) a legal description of the interest in real
17.13property covered by the funding agreement;
17.14(2) a reference to the underlying funding
17.15agreement;
17.16(3) a reference to this section; and
17.17(4) the following statement: "This interest
17.18in real property shall be administered in
17.19accordance with the terms, conditions, and
17.20purposes of the grant agreement controlling
17.21the acquisition of the property. The interest
17.22in real property, or any portion of the interest
17.23in real property, shall not be sold, transferred,
17.24pledged, or otherwise disposed of or further
17.25encumbered without obtaining the prior
17.26written approval of the Lessard Outdoor
17.27Heritage Council or its successor. If the
17.28holder of the interest in real property fails to
17.29comply with the terms and conditions of the
17.30grant agreement or work program, ownership
17.31of the interest in real property shall transfer
17.32to the state."
18.1By December 1 each year, a recipient of
18.2money appropriated under this section that
18.3is used for the acquisition of an interest in
18.4real property, including but not limited to an
18.5easement or fee title, must submit annual
18.6reports on the status of the real property to
18.7the Lessard Outdoor Heritage Council or
18.8its successor in a form determined by the
18.9council. The responsibility for reporting
18.10under this section may be transferred by
18.11the recipient of the appropriation to another
18.12person or entity that holds the interest in the
18.13real property. To complete the transfer of
18.14reporting responsibility, the recipient of the
18.15appropriation must:
18.16(1) inform the person to whom the
18.17responsibility is transferred of that person's
18.18reporting responsibility;
18.19(2) inform the person to whom the
18.20responsibility is transferred of the property
18.21restrictions under subdivision 14; and
18.22(3) provide written notice to the council
18.23of the transfer of reporting responsibility,
18.24including contact information for the person
18.25to whom the responsibility is transferred.
18.26Before the transfer, the entity receiving
18.27the transfer of property must certify to the
18.28Lessard Outdoor Heritage Council, or its
18.29successor, acceptance of all obligations and
18.30responsibilities held by the prior owner.
18.31After the transfer, the person or entity that
18.32holds the interest in the real property is
18.33responsible for reporting requirements under
18.34this section.
19.1 Sec. 3. Minnesota Statutes 2008, section 97A.056, subdivision 2, is amended to read:
19.2 Subd. 2. Lessard Outdoor Heritage Council. (a) The Lessard Outdoor Heritage
19.3Council of 12 members is created in the legislative branch, consisting of:
19.4 (1) two public members appointed by the senate Subcommittee on Committees of
19.5the Committee on Rules and Administration;
19.6 (2) two public members appointed by the speaker of the house;
19.7 (3) four public members appointed by the governor;
19.8 (4) two members of the senate appointed by the senate Subcommittee on Committees
19.9of the Committee on Rules and Administration; and
19.10 (5) two members of the house of representatives appointed by the speaker of the
19.11house.
19.12 (b) Members appointed under paragraph (a) must not be registered lobbyists.
19.13In making appointments, the governor, senate Subcommittee on Committees of the
19.14Committee on Rules and Administration, and the speaker of the house shall consider
19.15geographic balance, gender, age, ethnicity, and varying interests including hunting and
19.16fishing. The governor's appointments to the council are subject to the advice and consent
19.17of the senate.
19.18 (c) Public members appointed under paragraph (a) shall have practical experience
19.19or expertise or demonstrated knowledge in the science, policy, or practice of restoring,
19.20protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
19.21wildlife.
19.22 (d) Legislative members appointed under paragraph (a) shall include the chairs
19.23of the legislative committees with jurisdiction over environment and natural resources
19.24finance or their designee, one member from the minority party of the senate, and one
19.25member from the minority party of the house of representatives.
19.26 (e) Members serve four-year terms and shall be initially appointed according to
19.27the following schedule of terms:
19.28 (1) two public members appointed by the governor for a term ending the first
19.29Monday in January 2011;
19.30 (2) one public member appointed by the senate Subcommittee on Committees of the
19.31Committee on Rules and Administration for a term ending the first Monday in January
19.322011;
19.33 (3) one public member appointed by the speaker of the house for a term ending
19.34the first Monday in January 2011;
19.35 (4) two public members appointed by the governor for a term ending the first
19.36Monday in January 2013;
20.1 (5) one public member appointed by the senate Subcommittee on Committees of the
20.2Committee on Rules and Administration for a term ending the first Monday in January
20.32013;
20.4 (6) one public member appointed by the speaker of the house for a term ending the
20.5first Monday in January 2013; and
20.6 (7) two members of the senate appointed by the senate Subcommittee on Committees
20.7of the Committee on Rules and Administration for a term ending the first Monday in
20.8January 2013, and two members of the house of representatives appointed by the speaker
20.9of the house for a term ending the first Monday in January 2013.
20.10 (f) Compensation and removal of public members are as provided in section
20.1115.0575
. A vacancy on the council may be filled by the appointing authority for the
20.12remainder of the unexpired term.
20.13 (g) The first meeting of the council shall be convened by the chair of the Legislative
20.14Coordinating Commission no later than December 1, 2008. Members shall elect a chair,
20.15vice-chair, secretary, and other officers as determined by the council. The chair may
20.16convene meetings as necessary to conduct the duties prescribed by this section.
20.17 (h) TheDepartment of Natural Resources shall provide administrative support for
20.18council may employ staff and contract with consultants as necessary to carry out the
20.19functions of the council. Up to one percent of the money appropriated from the fund may
20.20be used tocover the staffing and related administrative expenses of the department and to
20.21cover the compensation and travel expenses pay for administrative expenses of the council
20.22and for compensation and expense reimbursement of council members.
20.23 Sec. 4. Minnesota Statutes 2008, section 97A.056, subdivision 7, is amended to read:
20.24 Subd. 7. Legislative oversight. (a) The senate and house of representatives chairs
20.25of the committees with jurisdiction over the environment and natural resources budget
20.26shall convene a joint hearing to review the activities and evaluate the effectiveness of the
20.27council and evaluate the effectiveness and efficiency of thedepartment's administration
20.28and staffing of the council after five years but no later than June 30, 2014.
20.29 (b) By January 15, 2013, a professional outside review authority shall be chosen by
20.30the chairs of the house of representatives and senate committees with jurisdiction over
20.31environment and natural resources to evaluate the effectiveness and efficiency of the
20.32department's administration and staffing of the council. A report shall be submitted to
20.33the chairs by January 15, 2014.
21.4The amounts shown in this section summarize direct appropriations from the clean
21.5water fund, by agency, made in this article.
21.19The sums shown in the columns marked "Appropriations" are appropriated to the
21.20agencies and for the purposes specified in this article. The appropriations are from the
21.21clean water fund, and are available for the fiscal years indicated for allowable activities
21.22under the Minnesota Constitution, article XI, section 15. The figures "2010" and "2011"
21.23used in this act mean that the appropriation listed under them are available for the fiscal
21.24year ending June 30, 2010, or June 30, 2011, respectively. "The first year" is fiscal year
21.252010. "The second year" is fiscal year 2011. "The biennium" is fiscal years 2010 and
21.262011. The appropriations in this act are onetime.
21.34The appropriations in this section are to
21.35the agencies specified for the protection,
22.1enhancement, and restoration of lakes, rivers,
22.2and streams.
22.5To the Department of Natural Resources for
22.6nonpoint source restoration and protection
22.7activities. Money appropriated under this
22.8subdivision must be used to acquire aquatic
22.9management areas to address water quality
22.10protection under a total maximum daily load
22.11(TMDL) implementation plan.
22.14(a) To the Board of Water and Soil Resources
22.15for targeted nonpoint source pollution
22.16reduction projects to restore water quality in
22.17lakes, rivers, and streams. At least 93 percent
22.18of this amount must be made available for
22.19grants. At least 20 percent of this amount
22.20must be for water quality grants in the Twin
22.21Cities metropolitan area.
22.22(b) $400,000 the first year and $600,000 the
22.23second year are to the Anoka Conservation
22.24District for the metropolitan landscape
22.25restoration program for water quality and
22.26improvement projects.
22.27(c) The Board of Water and Soil Resources
22.28shall contract for services with the Minnesota
22.29Conservation Corps for restoration,
22.30maintenance, and other activities under this
22.31subdivision for at least $500,000 the first
22.32year and $500,000 the second year.
23.1To the Board of Water and Soil Resources
23.2for targeted nonpoint restoration technical
23.3assistance and engineering. At least 93
23.4percent of this amount must be made
23.5available for grants.
23.8To the Board of Water and Soil Resources
23.9for grants to implement county subsurface
23.10sewage treatment system (SSTS) programs,
23.11including inventories, enforcement,
23.12development of databases, and systems
23.13to insure SSTS maintenance reporting
23.14program results to the Board of Water and
23.15Soil Resources and the Pollution Control
23.16Agency, and base grants. Grants are
23.17limited to counties with ordinances adopted
23.18pursuant to Minnesota Statutes, section
23.19115.55, subdivision 2, that can demonstrate
23.20enforcement of the ordinances.
23.23To the Board of Water and Soil Resources for
23.24grants to address imminent threat and failing
23.25subsurface sewage treatment systems.
23.27To the Board of Water and Soil Resources
23.28for feedlot water quality grants to upgrade
23.29feedlots in riparian and shoreland areas to
23.30address feedlot-related water quality impacts.
23.33To the Board of Water and Soil Resources
23.34for grants to support local nonpoint source
23.35protection activities that show demonstrated
24.1results on lake, river, and stream protection
24.2and management.
24.5(a) To the Board of Water and Soil Resources
24.6for grants to implement stream bank,
24.7stream channel, lakeshore, and roadside
24.8protection and restoration projects that show
24.9demonstrated results on lake, river, or stream
24.10protection and management.
24.11(b) $500,000 the first year is for a grant to
24.12Hennepin County for riparian restoration
24.13and stream bank stabilization in the ten
24.14primary stream systems in Hennepin County
24.15in order to protect, enhance, and help
24.16restore the water quality of the streams and
24.17downstream receiving waters. The county
24.18shall work with watershed districts and water
24.19management organizations to identify and
24.20prioritize projects. To the extent possible,
24.21the county shall employ youth through the
24.22Minnesota Conservation Corps and Tree
24.23Trust to plant trees and shrubs to reduce
24.24erosion and stabilize stream banks. This
24.25appropriation must be matched by nonstate
24.26sources, including in-kind contributions.
24.28To the Pollution Control Agency for a
24.29restoration project in the lower St. Louis
24.30River and Duluth Harbor. This appropriation
24.31must be matched by nonstate money at a rate
24.32of $2 for every $1 of state money.
24.34To the Department of Natural Resources to
24.35develop and adopt rules for the Mississippi
25.1River corridor critical area under Minnesota
25.2Statutes, section 116G.15, in order to achieve
25.3the required outcomes. The commissioner
25.4shall begin rulemaking under Minnesota
25.5Statutes, chapter 14, no later than January
25.615, 2010.
25.9(a) To the Board of Water and Soil
25.10Resources for state oversight, support,
25.11and accountability reporting of local
25.12government implementation, including
25.13an annual report prepared jointly by
25.14the board, the commissioner of natural
25.15resources and the commissioner of the
25.16Pollution Control Agency to the legislature
25.17detailing the recipients and projects funded
25.18under this section; the anticipated water
25.19quality benefits of projects funded; the
25.20relationship of restoration projects to
25.21TMDL load allocations; the relationship
25.22of protection projects to monitored water
25.23quality trends; and individual county and
25.24aggregated statewide progress in: (1)
25.25identifying noncompliant SSTS, establishing
25.26maintenance oversight systems, and SSTS
25.27upgrades funded under paragraphs (c) and
25.28(d); and (2) identifying and upgrading
25.29open lot feedlots under 300 animal units in
25.30shoreland.
25.31(b) Organizations receiving grants under
25.32this section shall provide information to
25.33the agencies listed in paragraph (a) on the
25.34information required in the report.
26.1To the Department of Agriculture for the
26.2agricultural best management practices loan
26.3program under Minnesota Statutes, section
26.417.117. At least 90 percent is available
26.5for pass-through to local governments and
26.6lenders for low-interest loans and is available
26.7until spent. Any unencumbered balance
26.8that is not used for pass-through to local
26.9governments does not cancel at the end of the
26.10first year and is available for the second year.
26.12If the appropriations in this section in either
26.13year are insufficient, the appropriation in
26.14the other year is available for it. All of
26.15the money appropriated to the Board of
26.16Water and Soil Resources in this section
26.17as grants to local governments shall be
26.18administered through the Board of Water
26.19and Soil Resources' local water resources
26.20protection and management program under
26.21Minnesota Statutes, section 103B.3369. The
26.22board may shift grant or cost-share funds in
26.23this section and may adjust the technical and
26.24administrative assistance portion of the funds
26.25to leverage federal or other nonstate funds
26.26or to address oversight responsibilities or
26.27high-priority needs identified in local water
26.28management plans.
26.29Notwithstanding Minnesota Statutes, section
26.3016A.28, the appropriations encumbered on or
26.31before June 30, 2011, as grants or contracts in
26.32this section are available until June 30, 2013.
27.1The appropriations in this section are to
27.2the agencies specified for the protection,
27.3enhancement, and restoration of lakes, rivers,
27.4and streams.
27.6To the Public Facilities Authority for
27.7total maximum daily loads grants under
27.8Minnesota Statutes, section 446A.073.
27.10To the Public Facilities Authority for
27.11phosphorus reduction grants under
27.12Minnesota Statutes, section 446A.074.
27.15To the Public Facilities Authority for small
27.16community wastewater treatment grants
27.17and loans under Minnesota Statutes, section
27.18446A.075.
27.20(a) To the Public Facilities Authority for
27.21grants for wastewater reuse pilot projects.
27.22(b) $1,000,000 the first year is for grants
27.23to ethanol plants that are within one and
27.24one-half miles of a city for improvements
27.25that reuse greater than 300,000 gallons of
27.26wastewater per day.
27.28Appropriations under this section are
27.29available until spent.
28.1The appropriations in this section are to
28.2the agencies specified for the protection,
28.3enhancement, and restoration of lakes, rivers,
28.4and streams.
28.6(a) To the Pollution Control Agency for
28.720 percent of the necessary statewide
28.8assessments and monitoring of surface water
28.9quality and trends.
28.10(b) $150,000 the first year and $196,000 the
28.11second year are for grants to the Red River
28.12Watershed Management Board to enhance
28.13and expand existing river watch activities in
28.14the Red River of the North. The Red River
28.15Watershed Management Board shall provide
28.16a report that includes formal evaluation
28.17results from the river watch program to the
28.18commissioners of education and the Pollution
28.19Control Agency and to the legislative natural
28.20resources finance and policy committees
28.21and K-12 finance and policy committees by
28.22February 15, 2011.
28.23(c) $200,000 the first year and $300,000 the
28.24second year are for coordination with the
28.25state of Wisconsin and the National Park
28.26Service on comprehensive water monitoring
28.27and phosphorus reduction activities in the
28.28Lake St. Croix portion of the St. Croix
28.29River. The Pollution Control Agency
28.30shall work with the St. Croix Basin Water
28.31Resources Planning Team and the St. Croix
28.32River Association in implementing the
28.33water monitoring and phosphorus reduction
28.34activities. This appropriation is available
28.35to the extent matched by nonstate sources.
29.1Money not matched by November 15, 2010,
29.2cancels for this purpose and is available for
29.3the purposes of paragraph (a).
29.6To the Pollution Control Agency for
29.7endocrine disruptor monitoring and analysis.
29.8The agency shall monitor and analyze
29.9endocrine disruptors in surface waters in at
29.10least 20 additional sites. The data must be
29.11placed on the agency's Web site.
29.13To the Department of Natural Resources for
29.14work assisting in water quality assessments
29.15in supporting the identification of impaired
29.16waters.
29.18(a) To the commissioner of agriculture for
29.19pesticide monitoring and assessment.
29.20(b) $395,000 the first year is for a
29.21demonstration project to monitor agricultural
29.22nonpoint source pollution and implement
29.23best management practices in sub-watersheds
29.24within the Root River Watershed in
29.25southeastern Minnesota.
29.27(a) To the Pollution Control Agency for total
29.28maximum daily load (TMDL) development
29.29and TMDL implementation plans for waters
29.30listed on the United States Environmental
29.31Protection Agency approved Impaired
29.32Waters List in accordance with Minnesota
29.33Statutes, chapter 114D. The agency shall
30.1complete an average of ten percent of the
30.2TMDLs each year over the biennium.
30.3(b) $250,000 the first year is for a pilot project
30.4for the development of total maximum daily
30.5load (TMDL) studies conducted on a
30.6watershed basis within the Buffalo River
30.7watershed in order to protect, enhance, and
30.8restore water quality in lakes, rivers, and
30.9streams. The pilot project shall include all
30.10necessary field work to develop TMDL
30.11studies for all impaired subwatersheds within
30.12the Buffalo River watershed and provide
30.13information necessary to complete reports for
30.14most of the remaining watersheds, including
30.15analysis of water quality data, identification
30.16of sources of water quality degradation
30.17and stressors, load allocation development,
30.18development of reports that provide
30.19protection plans for subwatersheds that meet
30.20water quality standards, and development of
30.21reports that provide information necessary to
30.22complete TMDL studies for subwatersheds
30.23that do not meet water quality standards, but
30.24are not listed as impaired.
30.26To the Department of Natural Resources
30.27for TMDL development and TMDL
30.28implementation plans for waters listed on
30.29the United States Environmental Protection
30.30Agency approved Impaired Waters List in
30.31accordance with Minnesota Statutes, chapter
30.32114D.
31.1To the Department of Agriculture for
31.2technical assistance in developing TMDL
31.3plans.
31.5Notwithstanding Minnesota Statutes, section
31.616A.28, the appropriations encumbered on or
31.7before June 30, 2011, as grants or contracts in
31.8this section are available until June 30, 2013.
31.12The appropriations in this section are to
31.13the agencies specified for the protection of
31.14groundwater and drinking water sources.
31.16To the Pollution Control Agency for
31.17groundwater assessment and drinking water
31.18protection.
31.20To the Department of Natural Resources for
31.21groundwater assessment and drinking water
31.22protection activities.
31.24To the Department of Health for additional
31.25assessment of drinking water contaminants.
31.28To the Department of Health for additional
31.29source water protection activities.
31.32To the Metropolitan Council for
31.33implementation of the master water
32.1supply plan developed under Minnesota
32.2Statutes, section 473.1565.
32.4To the Department of Agriculture for
32.5groundwater assessment and drinking water
32.6protection activities.
32.8Notwithstanding Minnesota Statutes, section
32.916A.28, the appropriations encumbered on or
32.10before June 30, 2011, as grants or contracts in
32.11this section are available until June 30, 2013.
32.15The appropriations in this section are to the
32.16agencies specified for education and public
32.17engagement on the protection, restoration,
32.18and enhancement of waters of the state.
32.20(a) To the Board of Water and Soil Resources
32.21for grants for civic engagement and education
32.22in water restoration and protection activities
32.23for nonpoint sources. The board shall give
32.24consideration to civic engagement proposals
32.25from basin or sub-basin organizations,
32.26including the Mississippi Headwaters Board,
32.27the Minnesota River Joint Powers Board,
32.28Area II Minnesota River Basin Projects, and
32.29the Red River Basin Commission. The board
32.30shall develop a plan for expenditures under
32.31this paragraph. By November 15, 2009, the
32.32plan shall be submitted to the house and
32.33senate chairs and ranking minority members
32.34of the environmental finance divisions.
33.1(b) $100,000 the first year and $100,000 the
33.2second year are for grants to the Star Lake
33.3Board established under Minnesota Statutes,
33.4section 103B.702. The appropriation is a
33.5pilot program to focus on engaging citizen
33.6participation and fostering local partnerships
33.7by increasing citizen involvement in water
33.8quality enhancement by designating star
33.9lakes and rivers. The board shall include
33.10information on the results of this pilot
33.11program in its next biennial report under
33.12Minnesota Statutes, section 103B.702. The
33.13second year grants are available only if
33.14the Board of Water and Soil Resources
33.15determines that the money granted in the first
33.16year furthered the water quality goals in the
33.17star lakes program in Minnesota Statutes,
33.18section 103B.701.
33.21To the Pollution Control Agency for civic
33.22engagement in TMDL development. The
33.23agency shall develop a plan for expenditures
33.24under this paragraph. The agency shall give
33.25consideration to civic engagement proposals
33.26from basin or sub-basin organizations,
33.27including the Mississippi Headwaters Board,
33.28the Minnesota River Joint Powers Board,
33.29Area II Minnesota River Basin Projects,
33.30and the Red River Basin Commission.
33.31By November 15, 2009, the plan shall be
33.32submitted to the house and senate chairs
33.33and ranking minority members of the
33.34environmental finance divisions.
34.1Notwithstanding Minnesota Statutes, section
34.216A.28, the appropriations encumbered on or
34.3before June 30, 2011, as grants or contracts in
34.4this section are available until June 30, 2013.
34.8The appropriations in this section are
34.9to the agencies specified for research
34.10and tool development for the protection,
34.11enhancement, and restoration of waters of
34.12the state.
34.15(a) To the Department of Agriculture for
34.16research, evaluation, and effectiveness
34.17monitoring of agricultural practices and
34.18load allocations and assisting in TMDL
34.19development in restoring impaired waters.
34.20(b) $150,000 the first year is for a grant to
34.21the South Central Service Cooperative to
34.22develop a water ecology pilot program to
34.23develop a model curriculum on the protection
34.24and restoration of the quality of surface water
34.25and groundwater.
34.26(c) $150,000 each year is for grants to the
34.27livestock environmental quality assurance
34.28program to develop resource management
34.29plans, provide resource management analysis
34.30and assistance, provide an implementation
34.31plan, and provide for annual reporting on
34.32water quality assessment and reasonable
34.33assurance of the water quality effects for
34.34the purposes of TMDL plans, including an
35.1assurance walk-through for farms enrolled
35.2in the program.
35.3(d) December 15, 2010, the commissioner
35.4of agriculture shall submit a report to the
35.5chairs and ranking minority members of the
35.6legislative committees and divisions with
35.7jurisdiction over agriculture and environment
35.8policy and finance on the activities of the
35.9livestock environmental quality assurance
35.10program. The report shall include:
35.11(1) the number of farms enrolled;
35.12(2) an analysis of the estimated water quality
35.13improvements to enrolled farms;
35.14(3) an analysis of the ability to provide
35.15reasonable assurance of the water quality
35.16effects; and
35.17(4) consideration of recommendations
35.18contained in the commissioner's report on
35.19Star Farms.
35.21$400,000 the first year and $600,000
35.22the second year are for collection and
35.23interpretation of subsurface geological
35.24information and acceleration of the county
35.25geologic atlas program. $122,000 the
35.26first year and $183,000 the second year
35.27of this appropriation is to the Board of
35.28Regents of the University of Minnesota for
35.29the Geological Survey to continue and to
35.30initiate the production of county geologic
35.31atlases. $278,000 the first year and $417,000
35.32the second year of this appropriation is
35.33to the commissioner of natural resources
35.34to investigate physical and recharge
36.1characteristics. This appropriation represents
36.2a continuing effort to complete the county
36.3geologic atlases throughout the state.
36.5To the commissioner of natural resources
36.6to acquire and distribute high-resolution
36.7elevation data collection using light detection
36.8and ranging to aid with impaired waters
36.9modeling and total maximum daily load
36.10implementation under Minnesota Statutes,
36.11chapter 114D.
36.14(a) To the University of Minnesota for the
36.15development of a statewide sustainable
36.16water resources framework to protect,
36.17conserve, and enhance the quantity and
36.18quality of the state's ground and surface
36.19waters. The detailed framework shall be
36.20developed by the University of Minnesota
36.21Water Resources Center in cooperation with
36.22staff from the Environmental Quality Board
36.23and representatives who have expertise
36.24in water resources from federal agencies,
36.25state agencies, local governments, private
36.26nonprofits, and other interested groups.
36.27The framework must include, but is not
36.28limited to, identification of infrastructure
36.29needs; drinking water; groundwater and
36.30surface waters; storm water; agricultural and
36.31industrial needs; the interfaces of climate
36.32change, development and land use, and
36.33demographics; public engagement strategies;
36.34and accountability mechanisms.
37.1(b) The University of Minnesota,
37.2in cooperation with staff from the
37.3Environmental Quality Board, shall
37.4submit the framework to the chairs
37.5and ranking minority members of the
37.6legislative committees with jurisdiction over
37.7environment and natural resources policy
37.8and finance by January 15, 2011.
37.10Notwithstanding Minnesota Statutes, section
37.1116A.28, the appropriations encumbered on or
37.12before June 30, 2011, as grants or contracts in
37.13this section are available until June 30, 2013.
37.14 Sec. 9. Minnesota Statutes 2008, section 116G.15, is amended to read:
37.15116G.15 MISSISSIPPI RIVER CORRIDOR CRITICAL AREA.
37.16 Subdivision 1. Establishment; purpose.(a) The federal Mississippi National
37.17River and Recreation Area established pursuant to United States Code, title 16, section
37.18460zz-2(k), is designated an area of critical concern in accordance with this chapter.The
37.19governor shall review the existing Mississippi River critical area plan and specify any
37.20additional standards and guidelines to affected communities in accordance with section
37.21116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of
37.22the area pending the completion of the federal plan. The purpose of the designation is to:
37.23(1) protect and preserve the Mississippi River and adjacent lands that the legislature
37.24finds to be unique and valuable state and regional resources for the benefit of the health,
37.25safety, and welfare of the citizens of the state, region, and nation;
37.26(2) prevent and mitigate irreversible damages to these state, regional, and natural
37.27resources;
37.28(3) preserve and enhance the natural, aesthetic, cultural, and historical values of the
37.29Mississippi River and adjacent lands for public use and benefit;
37.30(4) protect and preserve the Mississippi River as an essential element in the national,
37.31state, and regional transportation, sewer and water, and recreational systems; and
37.32(5) protect and preserve the biological and ecological functions of the Mississippi
37.33River corridor.
38.1The results of an environmental impact statement prepared under chapter 116D
38.2begun before and completed after July 1, 1994, for a proposed project that is located in
38.3the Mississippi River critical area north of the United States Army Corps of Engineers
38.4Lock and Dam Number One must be submitted in a report to the chairs of the environment
38.5and natural resources policy and finance committees of the house of representatives
38.6and the senate prior to the issuance of any state or local permits and the authorization
38.7for an issuance of any bonds for the project. A report made under this paragraph shall
38.8be submitted by the responsible governmental unit that prepared the environmental
38.9impact statement, and must list alternatives to the project that are determined by the
38.10environmental impact statement to be economically less expensive and environmentally
38.11superior to the proposed project and identify any legislative actions that may assist in the
38.12implementation of environmentally superior alternatives. This paragraph does not apply
38.13to a proposed project to be carried out by the Metropolitan Council or a metropolitan
38.14agency as defined in section
473.121.
38.15(b) If the results of an environmental impact statement required to be submitted by
38.16paragraph (a) indicate that there is an economically less expensive and environmentally
38.17superior alternative, then no member agency of the Environmental Quality Board shall
38.18issue a permit for the facility that is the subject of the environmental impact statement,
38.19other than an economically less expensive and environmentally superior alternative,
38.20nor shall any government bonds be issued for the facility, other than an economically
38.21less expensive and environmentally superior alternative, until after the legislature has
38.22adjourned its regular session sine die in 1996.
38.23 Subd. 2. Administration; duties. (a) The commissioner of natural resources may
38.24adopt rules under chapter 14 as are necessary for the administration of the Mississippi
38.25River corridor critical area program. Duties of the Environmental Quality Council or the
38.26Environmental Quality Board referenced in this chapter, related rules, and the governor's
38.27executive order number 79-19, published in the State Register on March 12, 1979,
38.28that are related to the Mississippi River corridor critical area shall be the duties of the
38.29commissioner. All rules adopted by the board pursuant to these duties remain in effect
38.30and shall be enforced until amended or repealed by the commissioner in accordance with
38.31law. The commissioner shall work in consultation with the United States Army Corps of
38.32Engineers, the National Park Service, the Metropolitan Council, other agencies, and local
38.33units of government to ensure that the Mississippi River corridor critical area is managed
38.34as a multipurpose resource in a way that:
38.35(1) conserves the scenic, environmental, recreational, mineral, economic, cultural,
38.36and historic resources and functions of the river corridor;
39.1(2) maintains the river channel for transportation by providing and maintaining
39.2barging and fleeting areas in appropriate locations consistent with the character of the
39.3Mississippi River and riverfront;
39.4(3) provides for the continuation and development of a variety of urban uses,
39.5including industrial and commercial uses, and residential uses, where appropriate, within
39.6the Mississippi River corridor;
39.7(4) utilizes certain reaches of the river as a source of water supply and as a receiving
39.8water for properly treated sewage, stormwater, and industrial waste effluents; and
39.9(5) protects and preserves the biological and ecological functions of the corridor.
39.10(b) The Metropolitan Council shall incorporate the standards developed under
39.11this section into its planning and shall work with local units of government and the
39.12commissioner to ensure the standards are being adopted and implemented appropriately.
39.13 Subd. 3. Districts. The commissioner shall establish, by rule, districts within
39.14the Mississippi River corridor critical area. The commissioner must seek to determine
39.15an appropriate number of districts within any one municipality and take into account
39.16municipal plans and policies, and existing ordinances and conditions. The commissioner
39.17shall consider the following when establishing the districts:
39.18(1) the protection of resources that existed as of March 12, 1979;
39.19(2) the protection of improvements such as parks, trails, natural areas, recreational
39.20areas, and interpretive centers;
39.21(3) the use of the Mississippi River as a source of drinking water;
39.22(4) the protection of resources identified in the Mississippi National River and
39.23Recreation Area Comprehensive Management Plan;
39.24(5) the protection of resources identified in comprehensive plans developed by
39.25counties, cities, and towns within the Mississippi River corridor critical area;
39.26(6) the intent of the Mississippi River corridor critical area land use districts from
39.27the governor's executive order number 79-19, published in the State Register on March
39.2812, 1979; and
39.29(7) identified scenic, geologic, and ecological resources.
39.30 Subd. 4. Standards. (a) The commissioner shall establish, by rule, minimum
39.31guidelines and standards for the districts established in subdivision 3. The guidelines
39.32and standards for each district shall include: the intent of each district; key resources
39.33and features to be protected or enhanced based upon paragraph (b); permitted uses;
39.34and dimensional and performance standards for development. The commissioner must
39.35take into account municipal plans and policies, and existing ordinances and conditions
39.36when developing the guidelines in this section. The commissioner may provide certain
40.1exceptions and criteria for standards, including, but not limited to, exceptions for river
40.2access facilities, water supply facilities, stormwater facilities, and wastewater treatment
40.3facilities, and hydropower facilities.
40.4(b) The guidelines and standards must protect or enhance the following key
40.5resources and features:
40.6(1) floodplains;
40.7(2) wetlands;
40.8(3) gorges;
40.9(4) areas of confluence with key tributaries;
40.10(5) natural drainage routes;
40.11(6) shorelines and riverbanks;
40.12(7) bluffs;
40.13(8) steep slopes and very steep slopes;
40.14(9) unstable soils and bedrock;
40.15(10) significant existing vegetative stands, tree canopies, and native plant
40.16communities;
40.17(11) scenic views and vistas;
40.18(12) publicly owned parks, trails, and open spaces;
40.19(13) cultural and historic sites and structures; and
40.20(14) water quality.
40.21(c) The commissioner shall establish a map to define bluffs and bluff-related features
40.22within the Mississippi River corridor critical area. At the outset of the rulemaking process,
40.23the commissioner shall create a preliminary map of all the bluffs and bluff lines within
40.24the Mississippi River corridor critical area, based on the guidelines in paragraph (d). The
40.25rulemaking process shall provide an opportunity to refine the preliminary bluff map. The
40.26commissioner may add to or remove areas of demonstrably unique or atypical conditions
40.27that warrant special protection or exemption. At the end of the rulemaking process, the
40.28commissioner shall adopt a final bluff map that contains associated features, including
40.29bluff lines, bases of bluffs, steep slopes, and very steep slopes.
40.30(d) The following guidelines shall be used by the commissioner to create a
40.31preliminary bluff map as part of the rulemaking process:
40.32(1) "bluff face" or "bluff" means the area between the bluff line and the bluff base. A
40.33high, steep, natural topographic feature such as a broad hill, cliff, or embankment with
40.34a slope of 18 percent or greater and a vertical rise of at least ten feet between the bluff
40.35base and the bluff line;
41.1(2) "bluff line" means a line delineating the top of a slope connecting the points
41.2at which the slope becomes less than 18 percent. More than one bluff line may be
41.3encountered proceeding upslope from the river valley;
41.4(3) "base of the bluff" means a line delineating the bottom of a slope connecting
41.5the points at which the slope becomes 18 percent or greater. More than one bluff base
41.6may be encountered proceeding landward from the water;
41.7(4) "steep slopes" means 12 percent to 18 percent slopes. Steep slopes are natural
41.8topographic features with an average slope of 12 to 18 percent measured over a horizontal
41.9distance of 50 feet or more; and
41.10(5) "very steep slopes" means slopes 18 percent or greater. Very steep slopes are
41.11natural topographic features with an average slope of 18 percent or greater, measured over
41.12a horizontal distance of 50 feet or more.
41.13 Subd. 5. Application. The standards established under this section shall be used:
41.14(1) by local units of government when preparing or updating plans or modifying
41.15regulations;
41.16(2) by state and regional agencies for permit regulation and in developing plans
41.17within their jurisdiction;
41.18(3) by the Metropolitan Council for reviewing plans, regulations, and development
41.19permit applications; and
41.20(4) by the commissioner when approving plans, regulations, and development
41.21permit applications.
41.22 Subd. 6. Notification; fees. A local unit of government or a regional or state agency
41.23shall notify the commissioner of natural resources of all developments in the corridor that
41.24require discretionary actions under their rules at least 10 days before taking final action on
41.25the application. A local unit of government or agency failing to notify the commissioner at
41.26least ten days before taking final action shall submit a late fee of $50 to the commissioner.
41.27For purposes of this section, a discretionary action includes all actions that require a public
41.28hearing, including variances, conditional use permits, and zoning amendments.
41.29 Subd. 7. Rules. The commissioner shall adopt rules to ensure compliance with this
41.30section. By January 15, 2010, the commissioner shall begin the rulemaking required by
41.31this section. Until the rules required under this section take effect, the commissioner
41.32shall administer the Mississippi River corridor critical area program in accordance with
41.33the governor's executive order number 79-19, published in the State Register on March
41.3412, 1979.
42.4 The sums shown in the columns marked "Appropriations" are appropriated to
42.5the agencies and for the purposes specified in this article. The appropriations are from
42.6the parks and trails fund, or another named fund, and are available for the fiscal years
42.7indicated for each purpose. The figures "2010" and "2011" used in this article mean that
42.8the appropriations listed under them are available for the fiscal year ending June 30, 2010,
42.9or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is
42.10fiscal year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the
42.11fiscal year ending June 30, 2009, are effective the day following final enactment. All
42.12appropriations in this article are onetime.
42.19$13,000,000 the first year and $15,500,000
42.20the second year are for state parks, recreation
42.21areas, and trails to:
42.22(1) connect people to the outdoors by
42.23providing access, conservation education,
42.24and interpretive services, including enhanced
42.25naturalist programs;
42.26(2) accelerate natural resource management,
42.27restoration, and protection activities at state
42.28parks; and
42.29(3) accelerate facility maintenance and
42.30rehabilitation, including energy-efficiency
42.31improvements and the use of renewable
42.32sources of energy.
42.33$3,500,000 the first year and $4,300,000
42.34the second year are for grants under new
43.1Minnesota Statutes, section 85.535, to
43.2parks and trails recognized as meeting the
43.3constitutional requirement of being a park
43.4or trail of regional or statewide significance.
43.5Grants under this section must be used only
43.6for acquisition, development, restoration,
43.7and maintenance. Up to 2.5 percent of this
43.8appropriation may be used for administering
43.9the grants.
43.10The commissioner shall develop a ten-year
43.11strategic state parks and trails plan
43.12considering traditional funding and the
43.13funding available under the Minnesota
43.14Constitution, article XI, section 15. The plan
43.15shall incorporate the 25-year framework
43.16developed under section 7.
43.17The commissioner shall submit an annual
43.18report on the expenditure and use of money
43.19appropriated under this section to the
43.20legislature as provided in Minnesota Statutes,
43.21section 3.195. The first year report must be
43.22submitted by March 1, 2010. In subsequent
43.23years the report shall be submitted by January
43.2415. The report must relate the expenditure of
43.25funds by the categories established and detail
43.26the outcomes in terms of additional use of
43.27parks and trails resources, user satisfaction
43.28surveys, and other appropriate outcomes.
43.29The department and grantees receiving
43.30money under this section shall give
43.31consideration to contracting with the
43.32Minnesota Conservation Corps for contract
43.33restoration, maintenance, and other activities.
44.1(a) To be distributed as required under
44.2new Minnesota Statutes, section 85.53,
44.3subdivision 2.
44.4(b) The Metropolitan Council shall submit
44.5an annual report on the expenditure and use
44.6of money appropriated under this section
44.7to the legislature as provided in Minnesota
44.8Statutes, section 3.195. The first report
44.9shall be submitted by March 1, 2010.
44.10In subsequent years, the report shall be
44.11submitted by January 15. The report must
44.12detail the outcomes in terms of additional use
44.13of parks and trails resources, user satisfaction
44.14surveys, and other appropriate outcomes.
44.15(c) The implementing agencies receiving
44.16appropriations under this section shall
44.17give consideration to contracting with the
44.18Minnesota Conservation Corps for contract
44.19restoration, maintenance, and other activities.
44.21To the Board of Regents of the University
44.22of Minnesota for the Center for Changing
44.23Landscapes to create a comprehensive
44.24statewide parks and trails framework and
44.25system inventory.
44.26 Sec. 5. Minnesota Statutes 2008, section 85.53, is amended to read:
44.2785.53 PARKS AND TRAILS FUND.
44.28 Subdivision 1. Fund established; purpose. The parks and trails fund is established
44.29in the Minnesota Constitution, article XI, section 15. All money earned by the parks and
44.30trails fund must be credited to the fund.
44.31 Subd. 2. Metropolitan area distribution formula. (a) Money appropriated from
44.32the parks and trails fund to the Metropolitan Council shall be distributed to implementing
45.1agencies, as defined in section 473.351, subdivision 1, paragraph (a), as grants according
45.2to the following formula:
45.3(1) 45 percent of the money must be disbursed according to the allocation formula in
45.4section 473.351, subdivision 3, to each implementing agency;
45.5(2) 31.5 percent of the money must be distributed based on each implementing
45.6agency's relative share of the most recent estimate of the population of the metropolitan
45.7area;
45.8(3) 13.5 percent of the money must be distributed based on each implementing
45.9agency's relative share of nonlocal visits based on the most recent user visitation survey
45.10conducted by the Metropolitan Council; and
45.11(4) ten percent of the money must be distributed as grants to implementing agencies
45.12for land acquisition within Metropolitan Council approved regional parks and trails master
45.13plan boundaries under the council's park acquisition opportunity grant program. The
45.14Metropolitan Council must provide a match of $2 of the council's park bonds for every $3
45.15of state funds for the park acquisition opportunity grant program.
45.16(b) Money allocated under paragraph (a) is to:
45.17(1) connect people to the outdoors by providing access, conservation education, and
45.18interpretive services, including enhanced naturalist programs;
45.19(2) accelerate natural resource acquisition, management, restoration, and protection
45.20activities at regional parks; and
45.21(3) accelerate facility acquisition, development, maintenance, and rehabilitation,
45.22including energy-efficiency improvements and the use of renewable sources of energy.
45.23 Sec. 6. [85.535] PARKS AND TRAILS GRANT PROGRAM.
45.24 Subdivision 1. Establishment. The commissioner of natural resources shall
45.25administer a program to provide grants from the parks and trails fund to support parks and
45.26trails of regional or statewide significance. Grants shall not be made under this section for
45.27state parks, state recreational areas, or state trails.
45.28 Subd. 2. Priorities. In awarding trails grants under this section, the commissioner
45.29shall give priority to:
45.30(1) trail projects that provide connectivity;
45.31(2) trail projects that provide enhanced opportunities for commuters; and
45.32(3) trail projects that provide enhanced safety.
45.33 Subd. 3. Match. Recipients must provide a nonstate cash match of at least 25
45.34percent of the total eligible project costs.
46.1 Sec. 7. CREATION OF FRAMEWORK AND INVENTORY.
46.2 Subdivision 1. Framework development. (a) The University of Minnesota
46.3Center for Changing Landscapes is directed to create a long-range, 25-year framework
46.4for an integrated statewide parks and trails system that provides information on the
46.5natural resource-based recreational opportunities available throughout the state. The
46.6detailed framework must include an inventory of existing regionally and statewide
46.7significant parks and trails, respond to recreational trends and demographic changes,
46.8and identify underserved areas, overused facilities, and gaps in the current parks and
46.9trails system. The framework must identify opportunities for enhancing existing assets,
46.10developing new assets, and linking those assets together effectively. In developing the
46.11framework and creating the inventory, the Center for Changing Landscapes shall use
46.12geographic information system technology, aerial photographs, and other pertinent data
46.13from government agencies.
46.14(b) As part of the inventory, the Center for Changing Landscapes shall develop
46.15a user-friendly Web-based application that will function as a guide for information on
46.16state and regional parks in the state. The Department of Natural Resources and the
46.17Metropolitan Council shall work with the Center for Changing Landscapes to ensure that
46.18all the information currently available on their Web sites is incorporated into the newly
46.19developed statewide Web system. The statewide parks and trails Web guide shall be
46.20incorporated into the Department of Natural Resources Web site.
46.21(c) In developing the framework and inventory, the Center for Changing Landscapes
46.22shall consult with the Department of Natural Resources, the Metropolitan Council, local
46.23units of government, park and trail groups, the public, and other stakeholder groups. The
46.24Center for Changing Landscapes shall ensure public participation and active involvement
46.25of user groups and local communities.
46.26 Subd. 2. Report. The Center for Changing Landscapes shall submit the framework
46.27in a report to the chairs and ranking minority members of the senate and house of
46.28representatives committees and divisions having jurisdiction over natural resources policy
46.29and finance by October 1, 2010.
46.33 The sums shown in the columns marked "Appropriations" are appropriated to the
46.34agencies and for the purposes specified in this article. The appropriations are from the arts
46.35and cultural heritage fund, and are available for the fiscal years indicated for allowable
47.1activities under the Minnesota Constitution, article XI, section 15. The figures "2010" and
47.2"2011" used in this article mean that the appropriations listed under them are available for
47.3the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The first year" is
47.4fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is fiscal years
47.52010 and 2011. Appropriations for the fiscal year ending June 30, 2009, are effective the
47.6day following final enactment.
47.13The appropriations in this section are for arts,
47.14arts education, and arts access and to preserve
47.15Minnesota's history and cultural heritage as
47.16specified in the following subdivisions.
47.18Of these amounts:
47.19(1) up to 78 percent of the money to support
47.20Minnesota artists and arts organizations
47.21in creating, producing, and presenting
47.22high-quality arts activities; to overcome
47.23barriers to accessing high-quality arts
47.24activities; and to instill the arts into the
47.25community and public life in this state;
47.26(2) up to 15 percent of the money for
47.27high-quality, age-appropriate arts education
47.28for Minnesotans of all ages to develop
47.29knowledge, skills, and understanding of the
47.30arts;
47.31(3) up to five percent of the money for events
47.32and activities that represent the diverse ethnic
47.33and cultural arts traditions, including folk
48.1and traditional artists and art organizations,
48.2represented in this state; and
48.3(4) up to three percent of the money
48.4to administer grant programs, deliver
48.5technical services, provide fiscal oversight
48.6for the statewide system, and to ensure
48.7accountability for these state resources.
48.8Thirty percent of the total appropriated to
48.9each of the categories established in this
48.10subdivision is for grants to the regional arts
48.11councils. This percentage does not apply to
48.12administrative costs.
48.13These appropriations are added to the
48.14agency's base budget. Any unexpended
48.15balance under this section is available in
48.16either year.
48.18The executive director shall submit an
48.19annual report on the expenditure and use of
48.20money appropriated under this section to the
48.21legislature as provided in Minnesota Statutes,
48.22section 3.195. The first year report must be
48.23submitted by March 1, 2010. In subsequent
48.24years the report shall be submitted by January
48.2515. The report must relate the expenditure
48.26of funds by the categories established in
48.27subdivision 2.
48.29Notwithstanding Minnesota Statutes, section
48.3016A.28, the appropriations encumbered on or
48.31before June 30, 2011, as grants or contracts in
48.32this section are available until June 30, 2013.
49.1(a) These amounts are to preserve
49.2Minnesota's history and cultural heritage.
49.3(b) Of these amounts:
49.4(1) up to 45 percent each year for statewide
49.5history programs and projects;
49.6(2) up to 30 percent of the money for
49.7a competitive grant program for history
49.8programs and projects operated by or
49.9through local, county, regional, other history
49.10organizations, or local units of government;
49.11(3) up to 25 percent of the money for
49.12history programs and projects that involve
49.13partnerships or collaboration with history or
49.14other organizations; and
49.15(4) up to three percent of the money to
49.16administer grant programs, deliver technical
49.17services, provide fiscal oversight, and ensure
49.18accountability for these state resources. The
49.19director may allocate administrative costs
49.20between the programs.
49.21These appropriations are added to the
49.22agency's base budget. Any unexpended
49.23balance under this section is available in
49.24either year.
49.25(c) The director shall submit an annual
49.26report on the expenditure and use of money
49.27appropriated under this section to the
49.28legislature as provided in Minnesota Statutes,
49.29section 3.195. The first year report must be
49.30submitted by March 1, 2010. In subsequent
49.31years the report shall be submitted by January
49.3215. The report must relate the expenditure
49.33of funds by the categories established in
49.34paragraph (b), clauses (1) to (4).
50.1(d) Notwithstanding Minnesota Statutes,
50.2section 16A.28, the appropriations
50.3encumbered on or before June 30, 2011,
50.4as grants or contracts in this section are
50.5available until June 30, 2013.
50.7(a) These amounts are to preserve
50.8Minnesota's history and cultural heritage.
50.9A portion of this amount is available for
50.10organizations and programs that support
50.11ethnic and cultural diversity in this state.
50.12(b) The commission shall submit an annual
50.13report on the expenditure and use of money
50.14appropriated under this section to the
50.15legislature as provided in Minnesota Statutes,
50.16section 3.195. The first year report must be
50.17submitted by March 1, 2010. In subsequent
50.18years the report shall be submitted by January
50.1915.
50.20These appropriations are added to the
50.21agency's base budget. Any unexpended
50.22balance under this section is available in
50.23either year.
50.24(c) Notwithstanding Minnesota Statutes,
50.25section 16A.28, the appropriations
50.26encumbered on or before June 30, 2011,
50.27as grants or contracts in this section are
50.28available until June 30, 2013.
50.31(a) To the commissioner of administration
50.32for arts, arts education, and arts access and
50.33to preserve Minnesota's history and cultural
50.34heritage, as specified under this section.
51.1(b) $3,500,000 the first year and $3,500,000
51.2the second year are appropriated for a grant to
51.3the Minnesota Public Television Association
51.4for production and acquisition grants in
51.5accordance with Minnesota Statutes, section
51.6129D.18. This funding is also available to
51.7public access cable stations for arts, history,
51.8and cultural programs.
51.9(c) $1,325,000 the first year and $1,325,000
51.10the second year are appropriated for a grant
51.11to Minnesota Public Radio to create new
51.12programming and events, expand regional
51.13news service, amplify Minnesota culture
51.14to a regional and national audience, and
51.15document Minnesota's history through the
51.16Minnesota Audio Archives.
51.17(d) $1,325,000 the first year and $1,325,000
51.18the second year are appropriated for a grant
51.19to the Association of Minnesota Public Radio
51.20Stations for production and acquisition grants
51.21in accordance with Minnesota Statutes,
51.22section 129D.19.
51.23These appropriations are added to the
51.24agency's base budget. Any unexpended
51.25balance under this section is available in
51.26either year.
51.27(e) The commissioner shall submit an
51.28annual report on the expenditure and use
51.29of money appropriated under this section
51.30to the legislature as provided in Minnesota
51.31Statutes, sections 129D.18, subdivision 4,
51.32and 129D.19, subdivision 4.
51.33(f) Notwithstanding Minnesota Statutes,
51.34section 16A.28, the appropriations
51.35encumbered on or before June 30, 2011,
52.1as grants or contracts in this section are
52.2available until June 30, 2013.
52.4(a) To the director of Explore Minnesota
52.5Tourism for a grant to the Minnesota Film
52.6and TV Board for grants for reimbursements
52.7to eligible film projects that promote
52.8Minnesota's cultural heritage. "Eligible film
52.9project" means a film written by a resident
52.10of Minnesota and directed or produced by a
52.11resident of Minnesota; a film set in Minnesota
52.12and directed or produced by a resident of
52.13Minnesota; or a film that documents an event
52.14or period in Minnesota history, whether a
52.15true documentary or a fictionalized account
52.16of the historic event, and has either a writer
52.17or director who is a resident of Minnesota.
52.18Eligible film projects must be filmed in
52.19Minnesota.
52.20(b) The director shall submit an annual
52.21report on the expenditure and use of money
52.22appropriated under this section to the
52.23legislature as provided in Minnesota Statutes,
52.24section 3.195. The first year report must be
52.25submitted by March 1, 2010. In subsequent
52.26years the report shall be submitted by January
52.2715.
52.28(c) Notwithstanding Minnesota Statutes,
52.29section 16A.28, the appropriations
52.30encumbered on or before June 30, 2011,
52.31as grants or contracts in this section are
52.32available until June 30, 2013.
53.1(a) These amounts are for arts, arts education,
53.2and arts access and to preserve Minnesota's
53.3history and cultural heritage.
53.4(b) The director shall submit an annual
53.5report on the expenditure and use of money
53.6appropriated under this section to the
53.7legislature as provided in Minnesota Statutes,
53.8section 3.195. The first year report must be
53.9submitted by March 1, 2010. In subsequent
53.10years the report shall be submitted by January
53.1115.
53.12(c) Notwithstanding Minnesota Statutes,
53.13section 16A.28, the appropriations
53.14encumbered on or before June 30, 2011,
53.15as grants or contracts in this section are
53.16available until June 30, 2013.
53.19(a) These amounts are for arts, arts education,
53.20and arts access and to preserve Minnesota's
53.21history and cultural heritage.
53.22(b) The director shall submit an annual
53.23report on the expenditure and use of money
53.24appropriated under this section to the
53.25legislature as provided in Minnesota Statutes,
53.26section 3.195. The first year report must be
53.27submitted by March 1, 2010. In subsequent
53.28years the report shall be submitted by January
53.2915.
53.30(c) Notwithstanding Minnesota Statutes,
53.31section 16A.28, the appropriations
53.32encumbered on or before June 30, 2011,
53.33as grants or contracts in this section are
53.34available until June 30, 2013.
54.2(a) These amounts are for arts, arts education,
54.3and arts access and to preserve Minnesota's
54.4history and cultural heritage.
54.5(b) The director shall submit an annual
54.6report on the expenditure and use of money
54.7appropriated under this section to the
54.8legislature as provided in Minnesota Statutes,
54.9section 3.195. The first year report must be
54.10submitted by March 1, 2010. In subsequent
54.11years the report shall be submitted by January
54.1215.
54.13(c) Notwithstanding Minnesota Statutes,
54.14section 16A.28, the appropriations
54.15encumbered on or before June 30, 2011,
54.16as grants or contracts in this section are
54.17available until June 30, 2013.
54.19(a) These amounts are for arts, arts education,
54.20and arts access and to preserve Minnesota's
54.21history and cultural heritage.
54.22(b) The director shall submit an annual
54.23report on the expenditure and use of money
54.24appropriated under this section to the
54.25legislature as provided in Minnesota Statutes,
54.26section 3.195. The first year report must be
54.27submitted by March 1, 2010. In subsequent
54.28years the report shall be submitted by January
54.2915.
54.30(c) Notwithstanding Minnesota Statutes,
54.31section 16A.28, the appropriations
54.32encumbered on or before June 30, 2011,
55.1as grants or contracts in this section are
55.2available until June 30, 2013.
55.5(a) These amounts are for arts, arts education,
55.6and arts access and to preserve Minnesota's
55.7history and cultural heritage.
55.8(b) The director shall submit an annual
55.9report on the expenditure and use of money
55.10appropriated under this section to the
55.11legislature as provided in Minnesota Statutes,
55.12section 3.195. The first year report must be
55.13submitted by March 1, 2010. In subsequent
55.14years the report shall be submitted by January
55.1515.
55.16(c) Notwithstanding Minnesota Statutes,
55.17section 16A.28, the appropriations
55.18encumbered on or before June 30, 2011,
55.19as grants or contracts in this section are
55.20available until June 30, 2013.
55.23(a) These amounts are for arts, arts education,
55.24and arts access and to preserve Minnesota's
55.25history and cultural heritage.
55.26(b) The director shall submit an annual
55.27report on the expenditure and use of money
55.28appropriated under this section to the
55.29legislature as provided in Minnesota Statutes,
55.30section 3.195. The first year report must be
55.31submitted by March 1, 2010. In subsequent
55.32years the report shall be submitted by January
55.3315.
56.1(c) Notwithstanding Minnesota Statutes,
56.2section 16A.28, the appropriations
56.3encumbered on or before June 30, 2011,
56.4as grants or contracts in this section are
56.5available until June 30, 2013.
56.6 Sec. 13. [129D.18] PUBLIC TELEVISION CULTURAL AND HERITAGE
56.7PRODUCTION AND ACQUISITION GRANTS.
56.8 Subdivision 1. Use of grant funds. Money appropriated from the Minnesota arts
56.9and cultural heritage fund may be designated to make grants to public stations, as defined
56.10in section 129D.12, subdivision 2. Grants received under this section must be used to
56.11create, produce, acquire, or distribute programs that educate, enhance, or promote local,
56.12regional, or statewide items of artistic, cultural, or historic significance. Grant funds may
56.13be used to cover any expenses associated with the creation, production, acquisition, or
56.14distribution of public television programs through broadcast or online, including the
56.15creation and distribution of educational materials.
56.16 Subd. 2. Administration. Money appropriated under this section must be used by
56.17the commissioner of administration to make grants based upon the recommendations of
56.18the Minnesota Public Television Association.
56.19 Subd. 3. Conditions. (a) A public station receiving funds appropriated under this
56.20section must:
56.21(1) make programs produced with these funds available for broadcast to all other
56.22public stations eligible to receive grants under this section;
56.23(2) offer free public performance rights for public educational institutions;
56.24(3) archive programs produced with these funds and make the programs available
56.25for future use through encore broadcast or other distribution, including online; and
56.26(4) ensure that underwriting credit is given to the Minnesota arts and cultural
56.27heritage fund.
56.28(b) Programs produced in partnership with other mission-centered nonprofit
56.29organizations may be used by the partnering organization for their own educational or
56.30promotional purposes.
56.31 Subd. 4. Reporting. A public station receiving funds appropriated under this
56.32section must report annually by January 15 to the commissioner and the chairs and ranking
56.33minority members of the senate and house of representatives committees and divisions
56.34having jurisdiction over arts and cultural heritage policy and budget regarding how the
56.35previous year's grant funds were expended. This report must contain specific information
57.1for each program produced and broadcast, including the cost of production, the number
57.2of stations broadcasting the program, estimated viewership, the number of Web site
57.3downloads, and other related measures. If the programs produced include educational
57.4material, the public station must report to the commissioner on these efforts.
57.5 Sec. 14. [129D.19] GENERAL NONCOMMERCIAL RADIO CULTURAL AND
57.6HERITAGE PRODUCTION AND ACQUISITION GRANTS.
57.7 Subdivision 1. Use of grant funds. Money appropriated from the Minnesota arts
57.8and cultural heritage fund may be designated to make grants to noncommercial radio
57.9stations, as defined in section 129D.14, subdivision 2. Grants received under this section
57.10must be used to create, produce, acquire, or distribute programs that educate, enhance, or
57.11promote local, regional, or statewide items of artistic, cultural, or historic significance.
57.12Grant funds may be used to cover any expenses associated with the creation, production,
57.13acquisition, or distribution of noncommercial radio programs through broadcast.
57.14 Subd. 2. Administration. Money appropriated under this section must be used by
57.15the commissioner of administration to make grants based upon the recommendations of
57.16the Association of Minnesota Public Educational Radio Stations.
57.17 Subd. 3. Conditions. (a) A noncommercial radio station receiving funds
57.18appropriated under this section must:
57.19(1) make programs produced with these funds available for broadcast to all other
57.20noncommercial radio stations eligible to receive grants under this section;
57.21(2) offer free public performance rights for public educational institutions;
57.22(3) archive programs produced with these funds and make the programs available
57.23for future use through encore broadcast or other distribution, including online; and
57.24(4) ensure that underwriting credit is given to the Minnesota arts and cultural
57.25heritage fund.
57.26(b) Programs produced in partnership with other mission-centered nonprofit
57.27organizations may be used by the partnering organization for their own educational or
57.28promotional purposes.
57.29 Subd. 4. Reporting. A noncommercial radio station receiving funds appropriated
57.30under this section must report annually by January 15 to the commissioner and the chairs
57.31and ranking minority members of the senate and house of representatives committees and
57.32divisions having jurisdiction over arts and cultural heritage policy and budget regarding
57.33how the previous year's grant funds were expended. This report must contain specific
57.34information for each program produced and broadcast, including the cost of production,
57.35the number of stations broadcasting the program, estimated number of listeners, and
58.1other related measures. If the programs produced include educational material, the
58.2noncommercial radio station must report to the commissioner on these efforts.
58.3 Sec. 15. [129E.01] ARTS AND CULTURAL HERITAGE FUND.
58.4 Subdivision 1. Fund established. The arts and cultural heritage fund is established
58.5in the Minnesota Constitution, article XI, section 15. All money earned by the fund must
58.6be credited to the fund.
58.7 Subd. 2. Appropriations. Money in the arts and cultural heritage fund is
58.8appropriated annually as follows:
58.9(1) 50 percent to the executive director of the Board of the Arts for grants and
58.10services provided in accordance with law; and
58.11(2) at least 25 percent to the director of the Minnesota Historical Society for grants
58.12and distribution in accordance with law.
58.13 Subd. 3. Acknowledgment. A recipient of money from the arts and cultural
58.14heritage fund must include credit in printed materials, media releases, advertisements, and
58.15electronic, audio, or video promotional materials acknowledging that the activities and
58.16projects are the results of the legacy amendment to the Minnesota Constitution adopted by
58.17the voters on November 4, 2008.
58.18 Sec. 16. VOLUNTEER WORKING GROUP ON DAKOTA AND OJIBWE
58.19LANGUAGE REVITALIZATION AND PRESERVATION.
58.20 Subdivision 1. Establishment. A volunteer working group is established to develop
58.21a unified strategy to revitalize and preserve indigenous languages of the 11 federally
58.22recognized American Indian tribes in Minnesota. As the federal government recognized
58.23through passage of the Esther Martinez Native American Languages Preservation Act
58.24of 2006, the revitalization and preservation of American Indian languages is of vital
58.25importance to preserving the American Indian culture. There have been recent efforts in
58.26Minnesota to develop programs to teach the Dakota and Ojibwe languages to students
58.27and to create fluent speakers at both the kindergarten through grade 12 level and at the
58.28postsecondary level. The volunteer working group shall, among other duties, inventory
58.29these efforts and make recommendations regarding how to further revitalize and preserve
58.30Dakota and Ojibwe languages.
58.31 Subd. 2. Membership. The executive director of the Minnesota Indian Affairs
58.32Council shall invite each of the 11 federally recognized tribes under Minnesota Statutes,
58.33section 3.922, subdivision 1, clause (1), to participate by appointing one member of each
58.34tribe to the working group. Three additional members shall be appointed by the Indian
59.1Affairs Council. Two of these members must represent the American Indian population
59.2in the Minneapolis-St. Paul area and one member must represent the American Indian
59.3population in Duluth. Other working group members may include, at their discretion, the
59.4commissioner of education or the commissioner's appointee, the director of the Office of
59.5Higher Education or the director's appointee, one member of the Board of Teaching, and
59.6the director of the Minnesota Historical Society or the director's appointee. The working
59.7group may add other members as deemed appropriate by a majority vote of the existing
59.8members. The executive director of the Indian Affairs Council must convene the first
59.9meeting no later than September 1, 2009. At the first meeting, the members shall elect
59.10from amongst themselves a chair and vice chair of the working group.
59.11 Subd. 3. Duties. The working group must develop strategies for the 11 federally
59.12recognized American Indian tribes and the state to work together to revitalize and preserve
59.13the Dakota and Ojibwe languages in Minnesota. The duties of the working group include,
59.14but are not limited to:
59.15(1) creating an inventory of existing programs designed to preserve Dakota and
59.16Ojibwe languages in the state, including postsecondary programs, programs in tribal
59.17schools, and other schools throughout the state;
59.18(2) creating an inventory of available resources for Dakota and Ojibwe language
59.19revitalization and immersion programs, including curriculum, educational materials,
59.20and trained teachers;
59.21(3) identifying curriculum needs to train teachers to teach the Dakota and Ojibwe
59.22languages in immersion programs and barriers to training teachers to teach the Dakota and
59.23Ojibwe language;
59.24(4) identifying classroom curriculum needs for teaching students in Dakota and
59.25Ojibwe languages;
59.26(5) determining how the identified curriculum needs should be met;
59.27(6) determining if there is a need for a central repository of resources, and if there
59.28is a need, where the repository should be located, how it should be structured, and who
59.29should have responsibility for maintaining the repository;
59.30(7) determining what technical assistance the state could offer to further Dakota
59.31and Ojibwe language immersion programs;
59.32(8) identifying private, state, and national financial resources available to further
59.33Dakota and Ojibwe language revitalization and preservation efforts;
59.34(9) identifying current state and federal law, rules, regulations, and policy that
59.35should be repealed, modified, or waived, in order to further Dakota and Ojibwe language
59.36immersion programs; and
60.1(10) assessing the level of interest in the community for Dakota and Ojibwe
60.2language immersion programs.
60.3 Subd. 4. Expenses. Members of the group are not eligible for compensation but
60.4may receive reimbursement for their expenses as provided in Minnesota Statutes, section
60.515.059, subdivision 3.
60.6 Subd. 5. Report. The working group must report its findings and recommendations,
60.7including draft legislation, if necessary, to the Indian Affairs Council and the chairs and
60.8ranking minority members of the legislative committees and divisions with jurisdiction
60.9over early childhood through grade 12 education and higher education by February 15,
60.102011. The committee expires on February 16, 2011.
60.11 Sec. 17. REPEALER.
60.12Minnesota Statutes 2008, section 129D.17, is repealed.
60.16(a) The Legislative Coordinating
60.17Commission shall establish and maintain
60.18a Web site to provide information on all
60.19projects receiving appropriations in this
60.20article. The commission may provide a link
60.21to a state Web site that contains all of the
60.22necessary information on projects to satisfy
60.23this requirement. The Web site must provide
60.24information for each project, including, but
60.25not limited to:
60.26(1) the name of the project;
60.27(2) a brief description of the project;
60.28(3) the amount of money appropriated in this
60.29article for the project;
60.30(4) any nonstate sources of funding specified
60.31for the project; and
60.32(5) goals and outcomes of the project.
61.1(b) As a condition of accepting an
61.2appropriation in this article, any agency
61.3or entity receiving an appropriation must
61.4provide the information to the Legislative
61.5Coordinating Commission that is necessary
61.6to establish and maintain the Web site under
61.7paragraph (a). The provision of the necessary
61.8information required for the Web site under
61.9paragraph (a) to another state entity that is
61.10linked to the commission's Web site shall be
61.11considered meeting this requirement.
61.12(c) $50,000 in fiscal year 2010 is appropriated
61.13to the Legislative Coordinating Commission
61.14for the costs of developing and implementing
61.15a Web site to contain information on projects
61.16receiving appropriations from the outdoor
61.17heritage fund, the clean water fund, and
61.18the parks and trails fund. Of this amount,
61.19$10,000 is from the outdoor heritage fund;
61.20$25,000 is from the clean water fund; and
61.21$15,000 is from the parks and trails fund.
61.23(a) The Legislative Coordinating
61.24Commission shall sponsor a contest
61.25for selecting the design of a logo to use on
61.26signage for projects receiving money from
61.27the outdoor heritage fund, the clean water
61.28fund, and the parks and trails fund.
61.29(b) As a condition of accepting an
61.30appropriation in this article, any agency
61.31or entity receiving an appropriation must
61.32provide a sign with the logo selected under
61.33paragraph (a) at all access points to any land
61.34or water resources that were:
62.1(1) acquired, in fee title or an interest in less
62.2than fee title, with money appropriated in
62.3this article; or
62.4(2) restored, protected, or enhanced with
62.5money appropriated in this article.
62.7By January 15, 2011, the legislative
62.8committees, divisions, or councils
62.9responsible for recommending expenditures
62.10to the full legislature from the outdoor
62.11heritage fund, the clean water fund, and the
62.12parks and trails fund must develop, with
62.13broad public input, and adopt a 25-year
62.14strategic plan for the expenditures that
62.15will be recommended from the funds. The
62.16plan must include applicable outcomes
62.17for restoring, protecting, and enhancing
62.18wetlands, prairies, forests, habitat for fish and
62.19game, lakes, rivers, streams, groundwater,
62.20and supporting parks and trails. The strategic
62.21plan shall be updated on a regular basis, but
62.22no longer than every five years. The Web
62.23site established under section 1 must include
62.24a link to the plans developed under this
62.25section. The plan for restoring, protecting,
62.26and enhancing wetlands, prairies, forests,
62.27habitat for fish and game must be based
62.28on ecological sections and subsections
62.29established by the Department of Natural
62.30Resources and be based on sound science
62.31and achieve benefits across all ecological
62.32sections within the state. The plan for
62.33restoring, protecting, and enhancing lakes,
62.34rivers, streams, and groundwater must be
62.35based on watersheds and aquifers, and shall
63.1take into account existing plans, be based on
63.2sound science, and achieve benefits across
63.3all ecological sections within the state. Any
63.4recommendations for appropriations may be
63.5prioritized based on science and urgency.
1.3natural resource and arts and cultural heritage purposes; modifying administration
1.4of the Lessard Outdoor Heritage Council; modifying provisions relating to the
1.5Mississippi River Critical Area; providing for the allocation of certain funding
1.6for metropolitan area parks and trails; creating a regional park and trail grant
1.7program; providing funding for a statewide 25-year park and trail framework;
1.8providing for a legacy Web site, signs, and a 25-year strategic plan; establishing
1.9a Dakota and Ojibwe language revitalization and preservation volunteer
1.10working group;amending Minnesota Statutes 2008, sections 85.53; 97A.056,
1.11subdivisions 2, 7; 116G.15; proposing coding for new law in Minnesota Statutes,
1.12chapters 85; 129D; proposing coding for new law as Minnesota Statutes, chapter
1.13129E; repealing Minnesota Statutes 2008, section 129D.17.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.17 |
Section 1.OUTDOOR HERITAGE APPROPRIATION. |
||||||
1.19agencies and for the purposes specified in this article. The appropriations are from the
1.20outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
1.21figures "2010" and "2011" used in this article mean that the appropriations listed under
1.22them are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.
1.23"The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium"
1.24is fiscal years 2010 and 2011. The appropriations in this article are onetime.
| 1.25 |
APPROPRIATIONS |
||||||
| 1.26 |
Available for the Year |
||||||
| 1.27 |
Ending June 30 |
||||||
| 1.28 |
2010 |
2011 |
|||||
| 2.1 |
Sec. 2.OUTDOOR HERITAGE |
||||||
| 2.2 |
Subdivision 1.Total Appropriation |
$ |
69,522,000 |
$ |
16,000,000 |
||
2.4heritage fund.
2.5The amounts that may be spent for each
2.6purpose are specified in the following
2.7subdivisions.
| 2.8 |
Subd. 2.Prairies |
14,213,000 |
-0- |
||||
| 2.9 2.10 |
(a) Accelerated Prairie and Grassland Management |
||||||
2.12commissioner of natural resources to
2.13accelerate the restoration and enhancement
2.14of native prairie vegetation on public
2.15lands, including roadsides. A list of
2.16proposed projects, describing the types and
2.17locations of restorations and enhancements,
2.18must be provided as part of the required
2.19accomplishment plan.
| 2.20 |
(b) Green Corridor Legacy Program |
||||||
2.22commissioner of natural resources for an
2.23agreement with the Southwest Initiative
2.24Foundation to acquire land in Redwood
2.25County to be added to the state outdoor
2.26recreation system. A list of proposed fee
2.27title acquisitions must be provided as part
2.28of the required accomplishment plan. The
2.29commissioner of natural resources must
2.30agree to each proposed acquisition. No more
2.31than five percent of this appropriation may
2.32be spent on professional services directly
2.33related to this appropriation's purposes.
| 3.1 3.2 |
(c) Prairie Heritage Fund – Acquisition and Restoration |
||||||
3.4commissioner of natural resources for an
3.5agreement with Pheasants Forever to acquire
3.6and restore land to be added to the state
3.7wildlife management area system. A list
3.8of proposed fee title acquisitions and a list
3.9of proposed restoration projects, describing
3.10the types and locations of restorations,
3.11must be provided as part of the required
3.12accomplishment plan. The commissioner
3.13of natural resources must agree to each
3.14proposed acquisition.
| 3.15 3.16 |
(d) Accelerated Prairie Grassland Wildlife Management Area Acquisition |
||||||
3.18commissioner of natural resources to
3.19acquire land for wildlife management areas
3.20with native prairie or grassland habitats.
3.21A list of proposed fee title acquisitions
3.22must be provided as part of the required
3.23accomplishment plan.
| 3.24 3.25 |
(e) Northern Tall Grass Prairie National Wildlife Refuge Protection |
||||||
3.27commissioner of natural resources for an
3.28agreement with the United States Fish
3.29and Wildlife Service to acquire land or
3.30permanent easements within the Northern
3.31Tall Grass Prairie Habitat Preservation Area
3.32in western Minnesota. The commissioner
3.33may advance funds to the United States Fish
3.34and Wildlife Service. A list of proposed fee
3.35title and permanent easement acquisitions
4.1must be provided as part of the required
4.2accomplishment plan.
| 4.3 |
(f) Bluffland Prairie Protection Initiative |
||||||
4.5commissioner of natural resources for an
4.6agreement with the Minnesota Land Trust
4.7to acquire permanent easements protecting
4.8critical prairie and grassland habitats in the
4.9blufflands in southeastern Minnesota. A list
4.10of proposed fee title and permanent easement
4.11acquisitions must be provided as part of the
4.12required accomplishment plan.
| 4.13 |
(g) Rum River – Cedar Creek Initiative |
||||||
4.15commissioner of natural resources for an
4.16agreement with Anoka County to acquire
4.17land at the confluence of the Rum River and
4.18Cedar Creek in Anoka County. Acquired
4.19land must remain open to hunting and
4.20fishing, consistent with the capacity of the
4.21land, during the open season, as determined
4.22by the commissioner of natural resources.
4.23This is the first of two planned appropriations
4.24for this acquisition.
| 4.25 |
Subd. 3.Forests |
20,000,000 |
16,000,000 |
||||
4.27$16,000,000 in fiscal year 2011 are to the
4.28commissioner of natural resources to acquire
4.29land or permanent working forest easements
4.30on private forests in areas identified through
4.31the Minnesota forests for the future program
4.32under Minnesota Statutes, section 84.66.
4.33Priority must be given to acquiring land
4.34or interests in private lands within existing
5.1Minnesota state forest boundaries. Any
5.2easements acquired must have a forest
5.3management plan as defined in Minnesota
5.4Statutes, section 290C.02, subdivision 7.
5.5A list of proposed fee title and easement
5.6acquisitions must be provided as part of the
5.7required accomplishment plan. The fiscal
5.8year 2011 appropriation is available only for
5.9acquisitions that, by August 15, 2009, are:
5.10(1) subject to a binding agreement with the
5.11commissioner; and
5.12(2) matched by at least $9,000,000 in private
5.13donations.
| 5.14 |
Subd. 4.Wetlands |
20,536,000 |
-0- |
||||
| 5.15 5.16 |
(a) Accelerated Wildlife Management Area Acquisition |
||||||
5.18commissioner of natural resources to
5.19acquire land for wildlife management areas.
5.20A list of proposed fee title acquisitions
5.21must be provided as part of the required
5.22accomplishment plan.
| 5.23 5.24 |
(b) Accelerated Shallow Lake Restorations and Enhancements |
||||||
5.26commissioner of natural resources for an
5.27agreement with Ducks Unlimited, Inc. to
5.28restore and enhance shallow lake habitats.
5.29Up to $400,000 of this appropriation may
5.30be used for permanent easements related to
5.31shallow lake restorations and enhancements.
5.32A list of proposed easements and projects,
5.33describing the types and locations of
5.34easements, restorations, and enhancements,
5.35must be provided as part of the required
6.1accomplishment plan. The commissioner
6.2of natural resources must agree to each
6.3easement, restoration, and enhancement.
| 6.4 6.5 |
(c) Accelerate the Waterfowl Production Area Program in Minnesota |
||||||
6.7commissioner of natural resources for
6.8an agreement with Pheasants Forever to
6.9acquire and restore wetland and related
6.10upland habitats, in cooperation with the
6.11United States Fish and Wildlife Service
6.12and Ducks Unlimited, Inc., to be managed
6.13as waterfowl production areas. A list of
6.14proposed acquisitions and a list of proposed
6.15projects, describing the types and locations
6.16of restorations, must be provided as part of
6.17the required accomplishment plan.
| 6.18 6.19 |
(d) Reinvest in Minnesota Wetlands Reserve Program Acquisition and Restoration |
||||||
6.21of Water and Soil Resources to acquire
6.22permanent easements and restore wetlands
6.23and associated uplands in cooperation with
6.24the United States Department of Agriculture
6.25Wetlands Reserve Program. A list of
6.26proposed acquisitions and a list of proposed
6.27projects, describing the types and locations
6.28of restorations, must be provided as part of
6.29the required accomplishment plan.
| 6.30 |
(e) Shallow Lake Critical Shoreland |
||||||
6.32commissioner of natural resources for an
6.33agreement with Ducks Unlimited, Inc. to
6.34protect habitat by acquiring land associated
6.35with shallow lakes. A list of proposed
7.1acquisitions must be provided as part of
7.2the required accomplishment plan. The
7.3commissioner of natural resources must
7.4agree to each proposed acquisition.
| 7.5 |
Subd. 5.Fish, Game, and Wildlife Habitat |
13,903,000 |
-0- |
||||
| 7.6 7.7 |
(a) Outdoor Heritage Conservation Partners Grant Program |
||||||
7.9commissioner of natural resources for
7.10an agreement with the National Fish and
7.11Wildlife Foundation to provide competitive,
7.12matching grants of up to $400,000 to local,
7.13regional, state, and national organizations,
7.14including government, for enhancement,
7.15restoration, or protection of forests, wetlands,
7.16prairies, and habitat for fish, game, or
7.17wildlife in Minnesota. The funds may be
7.18advanced in three equal sums, on or after
7.19November 1, 2009, February 1, 2010, and
7.20April 1, 2010. Grantees may protect land
7.21through acquisition of land or interests in
7.22land. Easements must be permanent. Land
7.23acquired in fee must be open to hunting
7.24and fishing during the open season unless
7.25otherwise provided by state law. The
7.26commissioner of natural resources must
7.27agree to each proposed acquisition of land or
7.28interest in land. The program shall require
7.29a match of at least $1 nonstate funds to $10
7.30state funds. Nonstate dollars match may be
7.31in-kind. The criteria for evaluating grant
7.32applications must include amount of habitat
7.33restored, enhanced, or protected; local
7.34support; degree of collaboration; urgency;
7.35multiple benefits; habitat benefits provided;
7.36consistency with sound conservation science;
8.1adjacency to protected lands; full funding of
8.2the project; supplementing existing funding;
8.3public access for hunting and fishing during
8.4the open season; sustainability; and use
8.5of native plant materials. All projects
8.6must conform to the Minnesota statewide
8.7conservation and preservation plan. Wildlife
8.8habitat projects must also conform to the
8.9state wildlife action plan. All restoration
8.10or enhancement projects must be on land
8.11permanently protected by conservation
8.12easement or public ownership. No more
8.13than four of the members of the Lessard
8.14Outdoor Heritage Council may be selected
8.15to sit on any advising panel developed by
8.16the National Fish and Wildlife Foundation.
8.17The program must be open for application
8.18year-round and grants must be evaluated and
8.19granted at least every three months. Up to
8.20six percent of this appropriation is available
8.21for grant program management expenses,
8.22including indirect expenses related to this
8.23grant program, of the National Fish and
8.24Wildlife Foundation. The National Fish
8.25and Wildlife Foundation's administration
8.26and management must be consistent with
8.27Minnesota Statutes, sections 16B.97 and
8.2816B.98, and policies adopted thereunder by
8.29the Department of Administration, Office of
8.30Grants Management. Subdivision 10 applies
8.31to grants awarded under this paragraph. This
8.32appropriation is available until June 30,
8.332013, at which time all grant projects must
8.34be completed and final products delivered,
8.35unless an earlier date is specified in the grant
8.36agreement. No less than 15 percent of the
9.1amount of each grant must be held back from
9.2reimbursement until the grant recipient has
9.3completed a grant accomplishment report in
9.4the form prescribed by and satisfactory to the
9.5Lessard Outdoor Heritage Council.
| 9.6 |
(b) Aquatic Management Area Acquisition |
||||||
9.8commissioner of natural resources to acquire
9.9land in fee title and easement to be added to
9.10the state aquatic management area system.
9.11Acquired land must remain open to hunting
9.12and fishing, consistent with the capacity
9.13of the land, during the open season, as
9.14determined by the commissioner of natural
9.15resources. A list of proposed fee title and
9.16easement acquisitions must be provided as
9.17part of the required accomplishment plan.
| 9.18 9.19 |
(c) Cold Water River and Stream Restoration, Protection, and Enhancement |
||||||
9.21commissioner of natural resources for
9.22an agreement with Trout Unlimited to
9.23restore, enhance, and protect cold water
9.24river and stream habitats in Minnesota. A
9.25list of proposed acquisitions and a list of
9.26proposed projects, describing the types and
9.27locations of restorations and enhancements,
9.28must be provided as part of the required
9.29accomplishment plan. The commissioner
9.30of natural resources must agree to each
9.31proposed acquisition, restoration, and
9.32enhancement.
| 9.33 |
(d) Dakota County Habitat Protection |
||||||
9.35commissioner of natural resources for
10.1an agreement with Dakota County for
10.2acquisition of permanent easements. A list
10.3of proposed acquisitions must be provided as
10.4part of the required accomplishment plan.
| 10.5 10.6 |
(e) Lake Rebecca Water Quality Improvement Project |
||||||
10.8commissioner of natural resources for an
10.9agreement with the Three Rivers Park
10.10District to improve the water quality in Lake
10.11Rebecca in Lake Rebecca Park Reserve
10.12in Hennepin County. A description of the
10.13activities to enhance fish habitat in Lake
10.14Rebecca must be provided as part of the
10.15required accomplishment plan.
| 10.16 |
(f) Fountain Lake Fish Barriers |
||||||
10.18commissioner of natural resources for
10.19an agreement with the Shell Rock River
10.20Watershed District to construct fish barriers
10.21at three locations on Fountain Lake. Land
10.22acquisition necessary for fish barrier
10.23construction is permitted. A list of proposed
10.24projects, describing the types and locations
10.25of barriers, must be provided as part of
10.26the required accomplishment plan. The
10.27commissioner of natural resources must
10.28agree to each proposed barrier.
| 10.29 |
Subd. 6.Administration and Other |
870,000 |
-0- |
||||
| 10.30 |
(a) Contract Management |
||||||
10.32commissioner of natural resources for
10.33contract management, in fiscal years 2010
10.34and 2011, for duties assigned in this section.
| 11.1 |
(b) Legislative Coordinating Commission |
||||||
11.3Legislative Coordinating Commission for
11.4administrative expenses of the Lessard
11.5Outdoor Heritage Council and for
11.6compensation and expense reimbursement
11.7of council members. Up to $100,000 may
11.8be transferred to the game and fish fund as
11.9reimbursement for advances to the Lessard
11.10Outdoor Heritage Council made in fiscal
11.11year 2009.
| 11.12 11.13 |
(c) Lessard Outdoor Heritage Council Site Visit Exception |
||||||
11.15members paid for under paragraph (b) are
11.16not meetings of the council for the purpose
11.17of receiving information under Minnesota
11.18Statutes, section 97A.056, subdivision 5.
| 11.19 |
Subd. 7.Availability of Appropriation |
||||||
11.21this section are available until June 30, 2011,
11.22when projects must be completed and final
11.23accomplishments reported. For acquisition
11.24of an interest in real property, the amounts in
11.25this section are available until June 30, 2012.
11.26If a project receives federal funds, the time
11.27period of the appropriation is extended to
11.28equal the availability of federal funding.
| 11.29 |
Subd. 8.Cash Advances |
||||||
11.31fund would be impeded by projected cash
11.32deficiencies resulting from delays in the
11.33receipt of dedicated income, and when the
11.34deficiencies would be corrected within fiscal
12.1year 2010, the commissioner of finance may
12.2use fund-level cash reserves to meet cash
12.3demands of the outdoor heritage fund. If
12.4funds are transferred from the general fund to
12.5meet cash flow needs, the cash flow transfers
12.6must be returned to the general fund as soon
12.7as sufficient cash balances are available
12.8in the outdoor heritage fund. Any interest
12.9earned on general fund cash flow transfers
12.10accrues to the general fund and not to the
12.11outdoor heritage fund.
| 12.12 |
Subd. 9.Accomplishment Plans |
||||||
12.14appropriations made by this section that the
12.15agency or entity using the appropriation shall
12.16submit to the council an accomplishment
12.17plan and periodic accomplishment reports in
12.18the form determined by the Lessard Outdoor
12.19Heritage Council. The accomplishment plan
12.20must account for the use of the appropriation
12.21and outcomes of the expenditure in measures
12.22of wetlands, prairies, forests, and fish, game,
12.23and wildlife habitat restored, protected, and
12.24enhanced. The plan must include evaluation
12.25of results. None of the money provided
12.26in this section may be expended unless
12.27the council has approved the pertinent
12.28accomplishment plan.
| 12.29 |
Subd. 10.Project Requirements |
||||||
12.31appropriation in this section, any agency or
12.32entity receiving an appropriation must, for
12.33any project funded in whole or in part with
12.34funds from the appropriation:
13.1(1) plant vegetation or sow seed only of
13.2native ecotypes to Minnesota and preferably
13.3of the local ecotype using a high diversity
13.4of species grown as close to the restoration
13.5site as possible, if the planting of vegetation
13.6or sowing of seed is a component of the
13.7accomplishment plan;
13.8(2) provide that all easements:
13.9(i) are permanent;
13.10(ii) specify the parties to an easement in the
13.11easement;
13.12(iii) specify all of the provisions of an
13.13agreement that are permanent;
13.14(iv) are sent to the office of the Lessard
13.15Outdoor Heritage Council; and
13.16(v) include a long-term stewardship plan and
13.17funding for monitoring and enforcing the
13.18easement agreement;
13.19(3) for all restorations, prepare an ecological
13.20restoration and management plan that, to
13.21the degree practicable, is consistent with the
13.22highest quality conservation and ecological
13.23goals for the restoration site. Consideration
13.24should be given to soil, geology, topography,
13.25and other relevant factors that would provide
13.26the best chance for long-term success of the
13.27restoration projects. The plan shall include
13.28the proposed timetable for implementing
13.29the restoration, including, but not limited
13.30to, site preparation, establishment of
13.31diverse plant species, maintenance, and
13.32additional enhancement to establish the
13.33restoration; identify long-term maintenance
13.34and management needs of the restoration
14.1and how the maintenance, management, and
14.2enhancement will be financed; and use the
14.3best available science to achieve the best
14.4restoration;
14.5(4) for new lands acquired, prepare a
14.6restoration and management plan in
14.7compliance with clause (3), including
14.8identification of sufficient funding for
14.9implementation;
14.10(5) to ensure public accountability for the
14.11use of public funds, provide to the Lessard
14.12Outdoor Heritage Council documentation
14.13of the selection process used to identify
14.14parcels acquired and provide documentation
14.15of all related transaction costs, including
14.16but not limited to appraisals, legal fees,
14.17recording fees, commissions, other similar
14.18costs, and donations. This information must
14.19be provided for all parties involved in the
14.20transaction. The recipient shall also report to
14.21the Lessard Outdoor Heritage Council any
14.22difference between the acquisition amount
14.23paid to the seller and the state-certified or
14.24state-reviewed appraisal. Acquisition data
14.25such as appraisals may remain private during
14.26negotiations but must ultimately be made
14.27public according to Minnesota Statutes,
14.28chapter 13;
14.29(6) provide that all restoration and
14.30enhancement projects are on land
14.31permanently protected by conservation
14.32easement or public ownership; and
14.33(7) give consideration to contracting with the
14.34Minnesota Conservation Corps for contract
14.35restoration and enhancement services.
15.1(b) The Lessard Outdoor Heritage Council
15.2may waive the application of paragraph (a),
15.3clause (5), for specific projects.
| 15.4 15.5 |
Subd. 11.Payment Conditions and Capital Equipment Expenditures |
||||||
15.7to in this section must be administered on
15.8a reimbursement basis unless otherwise
15.9provided in this section. Payments for
15.10reimbursement may not be made before
15.11November 1, 2009. Notwithstanding
15.12Minnesota Statutes, section 16A.41,
15.13expenditures directly related to each
15.14appropriation's purpose made on or after July
15.151, 2009, are eligible for reimbursement unless
15.16otherwise provided in this section. Periodic
15.17payment must be made upon receiving
15.18documentation that the deliverable items
15.19articulated in the approved accomplishment
15.20plan have been achieved, including partial
15.21achievements as evidenced by approved
15.22progress reports. Reasonable amounts may
15.23be advanced to projects to accommodate
15.24cash flow needs or to match federal share.
15.25The advances must be approved as part of
15.26the accomplishment plan. Capital equipment
15.27expenditures in excess of $10,000 must be
15.28approved as part of the accomplishment plan.
| 15.29 15.30 |
Subd. 12.Purchase of Recycled and Recyclable Materials |
||||||
15.32corporation, or other entity that receives an
15.33appropriation in this section must use the
15.34appropriation in compliance with Minnesota
15.35Statutes, sections 16B.121, regarding
15.36purchase of recycled, repairable, and durable
16.1materials, and 16B.122, regarding purchase
16.2and use of paper stock and printing.
| 16.3 |
Subd. 13.Accessibility |
||||||
16.5meet the design standards in the Americans
16.6with Disabilities Act (ADA) accessibility
16.7guidelines.
| 16.8 |
Subd. 14.Land Acquisition Restrictions |
||||||
16.10not limited to an easement or fee title, that
16.11is acquired with money appropriated under
16.12this section must be used in perpetuity or for
16.13the specific term of an easement interest for
16.14the purpose for which the appropriation was
16.15made.
16.16(b) A recipient of funding who acquires
16.17an interest in real property subject to this
16.18subdivision may not alter the intended use of
16.19the interest in real property or convey any
16.20interest in the real property acquired with the
16.21appropriation without the prior review and
16.22approval of the Lessard Outdoor Heritage
16.23Council or its successor. The council shall
16.24establish procedures to review requests from
16.25recipients to alter the use of or convey an
16.26interest in real property. These procedures
16.27shall allow for the replacement of the interest
16.28in real property with another interest in real
16.29property meeting the following criteria:
16.30(1) the interest is at least equal in fair market
16.31value, as certified by the commissioner
16.32of natural resources, to the interest being
16.33replaced; and
17.1(2) the interest is in a reasonably equivalent
17.2location and has a reasonably equivalent
17.3useful conservation purpose compared to the
17.4interest being replaced.
17.5(c) A recipient of funding who acquires an
17.6interest in real property under paragraph
17.7(a) must separately record a notice of
17.8funding restrictions in the appropriate local
17.9government office where the conveyance
17.10of the interest in real property is filed. The
17.11notice of funding agreement must contain:
17.12(1) a legal description of the interest in real
17.13property covered by the funding agreement;
17.14(2) a reference to the underlying funding
17.15agreement;
17.16(3) a reference to this section; and
17.17(4) the following statement: "This interest
17.18in real property shall be administered in
17.19accordance with the terms, conditions, and
17.20purposes of the grant agreement controlling
17.21the acquisition of the property. The interest
17.22in real property, or any portion of the interest
17.23in real property, shall not be sold, transferred,
17.24pledged, or otherwise disposed of or further
17.25encumbered without obtaining the prior
17.26written approval of the Lessard Outdoor
17.27Heritage Council or its successor. If the
17.28holder of the interest in real property fails to
17.29comply with the terms and conditions of the
17.30grant agreement or work program, ownership
17.31of the interest in real property shall transfer
17.32to the state."
| 17.33 |
Subd. 15.Real Property Interest Report |
||||||
18.2money appropriated under this section that
18.3is used for the acquisition of an interest in
18.4real property, including but not limited to an
18.5easement or fee title, must submit annual
18.6reports on the status of the real property to
18.7the Lessard Outdoor Heritage Council or
18.8its successor in a form determined by the
18.9council. The responsibility for reporting
18.10under this section may be transferred by
18.11the recipient of the appropriation to another
18.12person or entity that holds the interest in the
18.13real property. To complete the transfer of
18.14reporting responsibility, the recipient of the
18.15appropriation must:
18.16(1) inform the person to whom the
18.17responsibility is transferred of that person's
18.18reporting responsibility;
18.19(2) inform the person to whom the
18.20responsibility is transferred of the property
18.21restrictions under subdivision 14; and
18.22(3) provide written notice to the council
18.23of the transfer of reporting responsibility,
18.24including contact information for the person
18.25to whom the responsibility is transferred.
18.26Before the transfer, the entity receiving
18.27the transfer of property must certify to the
18.28Lessard Outdoor Heritage Council, or its
18.29successor, acceptance of all obligations and
18.30responsibilities held by the prior owner.
18.31After the transfer, the person or entity that
18.32holds the interest in the real property is
18.33responsible for reporting requirements under
18.34this section.
19.1 Sec. 3. Minnesota Statutes 2008, section 97A.056, subdivision 2, is amended to read:
19.2 Subd. 2. Lessard Outdoor Heritage Council. (a) The Lessard Outdoor Heritage
19.3Council of 12 members is created in the legislative branch, consisting of:
19.4 (1) two public members appointed by the senate Subcommittee on Committees of
19.5the Committee on Rules and Administration;
19.6 (2) two public members appointed by the speaker of the house;
19.7 (3) four public members appointed by the governor;
19.8 (4) two members of the senate appointed by the senate Subcommittee on Committees
19.9of the Committee on Rules and Administration; and
19.10 (5) two members of the house of representatives appointed by the speaker of the
19.11house.
19.12 (b) Members appointed under paragraph (a) must not be registered lobbyists.
19.13In making appointments, the governor, senate Subcommittee on Committees of the
19.14Committee on Rules and Administration, and the speaker of the house shall consider
19.15geographic balance, gender, age, ethnicity, and varying interests including hunting and
19.16fishing. The governor's appointments to the council are subject to the advice and consent
19.17of the senate.
19.18 (c) Public members appointed under paragraph (a) shall have practical experience
19.19or expertise or demonstrated knowledge in the science, policy, or practice of restoring,
19.20protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
19.21wildlife.
19.22 (d) Legislative members appointed under paragraph (a) shall include the chairs
19.23of the legislative committees with jurisdiction over environment and natural resources
19.24finance or their designee, one member from the minority party of the senate, and one
19.25member from the minority party of the house of representatives.
19.26 (e) Members serve four-year terms and shall be initially appointed according to
19.27the following schedule of terms:
19.28 (1) two public members appointed by the governor for a term ending the first
19.29Monday in January 2011;
19.30 (2) one public member appointed by the senate Subcommittee on Committees of the
19.31Committee on Rules and Administration for a term ending the first Monday in January
19.322011;
19.33 (3) one public member appointed by the speaker of the house for a term ending
19.34the first Monday in January 2011;
19.35 (4) two public members appointed by the governor for a term ending the first
19.36Monday in January 2013;
20.1 (5) one public member appointed by the senate Subcommittee on Committees of the
20.2Committee on Rules and Administration for a term ending the first Monday in January
20.32013;
20.4 (6) one public member appointed by the speaker of the house for a term ending the
20.5first Monday in January 2013; and
20.6 (7) two members of the senate appointed by the senate Subcommittee on Committees
20.7of the Committee on Rules and Administration for a term ending the first Monday in
20.8January 2013, and two members of the house of representatives appointed by the speaker
20.9of the house for a term ending the first Monday in January 2013.
20.10 (f) Compensation and removal of public members are as provided in section
20.12remainder of the unexpired term.
20.13 (g) The first meeting of the council shall be convened by the chair of the Legislative
20.14Coordinating Commission no later than December 1, 2008. Members shall elect a chair,
20.15vice-chair, secretary, and other officers as determined by the council. The chair may
20.16convene meetings as necessary to conduct the duties prescribed by this section.
20.17 (h) The
20.18council may employ staff and contract with consultants as necessary to carry out the
20.19functions of the council. Up to one percent of the money appropriated from the fund may
20.20be used to
20.21
20.22and for compensation and expense reimbursement of council members.
20.23 Sec. 4. Minnesota Statutes 2008, section 97A.056, subdivision 7, is amended to read:
20.24 Subd. 7. Legislative oversight. (a) The senate and house of representatives chairs
20.25of the committees with jurisdiction over the environment and natural resources budget
20.26shall convene a joint hearing to review the activities and evaluate the effectiveness of the
20.27council and evaluate the effectiveness and efficiency of the
20.28and staffing of the council after five years but no later than June 30, 2014.
20.29 (b) By January 15, 2013, a professional outside review authority shall be chosen by
20.30the chairs of the house of representatives and senate committees with jurisdiction over
20.31environment and natural resources to evaluate the effectiveness and efficiency of the
20.32
20.33the chairs by January 15, 2014.
| 21.3 |
Section 1.SUMMARY OF APPROPRIATIONS. |
||||||
21.5water fund, by agency, made in this article.
| 21.18 |
Sec. 2.CLEAN WATER FUND APPROPRIATIONS. |
||||||
21.20agencies and for the purposes specified in this article. The appropriations are from the
21.21clean water fund, and are available for the fiscal years indicated for allowable activities
21.22under the Minnesota Constitution, article XI, section 15. The figures "2010" and "2011"
21.23used in this act mean that the appropriation listed under them are available for the fiscal
21.24year ending June 30, 2010, or June 30, 2011, respectively. "The first year" is fiscal year
21.252010. "The second year" is fiscal year 2011. "The biennium" is fiscal years 2010 and
21.262011. The appropriations in this act are onetime.
| 21.27 |
APPROPRIATIONS |
||||||
| 21.28 |
Available for the Year |
||||||
| 21.29 |
Ending June 30 |
||||||
| 21.30 |
2010 |
2011 |
|||||
| 21.31 21.32 |
Sec. 3.NONPOINT SOURCE PROTECTION AND PRESERVATION |
||||||
| 21.33 |
Subdivision 1.Total Appropriation |
$ |
24,050,000 |
$ |
27,740,000 |
||
21.35the agencies specified for the protection,
22.1enhancement, and restoration of lakes, rivers,
22.2and streams.
| 22.3 22.4 |
Subd. 2.Nonpoint Source Restoration, Protection, and Preservation |
1,500,000 |
2,000,000 |
||||
22.6nonpoint source restoration and protection
22.7activities. Money appropriated under this
22.8subdivision must be used to acquire aquatic
22.9management areas to address water quality
22.10protection under a total maximum daily load
22.11(TMDL) implementation plan.
| 22.12 22.13 |
Subd. 3.Targeted Nonpoint Source Pollution Reduction |
9,200,000 |
10,000,000 |
||||
22.15for targeted nonpoint source pollution
22.16reduction projects to restore water quality in
22.17lakes, rivers, and streams. At least 93 percent
22.18of this amount must be made available for
22.19grants. At least 20 percent of this amount
22.20must be for water quality grants in the Twin
22.21Cities metropolitan area.
22.22(b) $400,000 the first year and $600,000 the
22.23second year are to the Anoka Conservation
22.24District for the metropolitan landscape
22.25restoration program for water quality and
22.26improvement projects.
22.27(c) The Board of Water and Soil Resources
22.28shall contract for services with the Minnesota
22.29Conservation Corps for restoration,
22.30maintenance, and other activities under this
22.31subdivision for at least $500,000 the first
22.32year and $500,000 the second year.
| 22.33 22.34 |
Subd. 4.Nonpoint Restoration Technical Assistance and Engineering |
2,500,000 |
3,000,000 |
||||
23.2for targeted nonpoint restoration technical
23.3assistance and engineering. At least 93
23.4percent of this amount must be made
23.5available for grants.
| 23.6 23.7 |
Subd. 5.Subsurface Sewage Treatment System Program |
1,600,0000 |
1,900,000 |
||||
23.9for grants to implement county subsurface
23.10sewage treatment system (SSTS) programs,
23.11including inventories, enforcement,
23.12development of databases, and systems
23.13to insure SSTS maintenance reporting
23.14program results to the Board of Water and
23.15Soil Resources and the Pollution Control
23.16Agency, and base grants. Grants are
23.17limited to counties with ordinances adopted
23.18pursuant to Minnesota Statutes, section
23.19115.55, subdivision 2, that can demonstrate
23.20enforcement of the ordinances.
| 23.21 23.22 |
Subd. 6.Failing Subsurface Sewage Treatment Systems |
800,000 |
1,000,000 |
||||
23.24grants to address imminent threat and failing
23.25subsurface sewage treatment systems.
| 23.26 |
Subd. 7.Feedlot Water Quality Grants |
1,800,000 |
2,200,000 |
||||
23.28for feedlot water quality grants to upgrade
23.29feedlots in riparian and shoreland areas to
23.30address feedlot-related water quality impacts.
| 23.31 23.32 |
Subd. 8.Local Nonpoint Source Activity Support |
1,700,000 |
2,300,000 |
||||
23.34for grants to support local nonpoint source
23.35protection activities that show demonstrated
24.1results on lake, river, and stream protection
24.2and management.
| 24.3 24.4 |
Subd. 9.Shoreline Protection and Restoration Grants |
2,100,000 |
1,900,000 |
||||
24.6for grants to implement stream bank,
24.7stream channel, lakeshore, and roadside
24.8protection and restoration projects that show
24.9demonstrated results on lake, river, or stream
24.10protection and management.
24.11(b) $500,000 the first year is for a grant to
24.12Hennepin County for riparian restoration
24.13and stream bank stabilization in the ten
24.14primary stream systems in Hennepin County
24.15in order to protect, enhance, and help
24.16restore the water quality of the streams and
24.17downstream receiving waters. The county
24.18shall work with watershed districts and water
24.19management organizations to identify and
24.20prioritize projects. To the extent possible,
24.21the county shall employ youth through the
24.22Minnesota Conservation Corps and Tree
24.23Trust to plant trees and shrubs to reduce
24.24erosion and stabilize stream banks. This
24.25appropriation must be matched by nonstate
24.26sources, including in-kind contributions.
| 24.27 |
Subd. 10.St. Louis River |
350,000 |
400,000 |
||||
24.29restoration project in the lower St. Louis
24.30River and Duluth Harbor. This appropriation
24.31must be matched by nonstate money at a rate
24.32of $2 for every $1 of state money.
| 24.33 |
Subd. 11.Mississippi River Critical Area |
225,000 |
225,000 |
||||
24.35develop and adopt rules for the Mississippi
25.1River corridor critical area under Minnesota
25.2Statutes, section 116G.15, in order to achieve
25.3the required outcomes. The commissioner
25.4shall begin rulemaking under Minnesota
25.5Statutes, chapter 14, no later than January
25.615, 2010.
| 25.7 25.8 |
Subd. 12.Oversight, Support, and Accountability |
275,000 |
315,000 |
||||
25.10Resources for state oversight, support,
25.11and accountability reporting of local
25.12government implementation, including
25.13an annual report prepared jointly by
25.14the board, the commissioner of natural
25.15resources and the commissioner of the
25.16Pollution Control Agency to the legislature
25.17detailing the recipients and projects funded
25.18under this section; the anticipated water
25.19quality benefits of projects funded; the
25.20relationship of restoration projects to
25.21TMDL load allocations; the relationship
25.22of protection projects to monitored water
25.23quality trends; and individual county and
25.24aggregated statewide progress in: (1)
25.25identifying noncompliant SSTS, establishing
25.26maintenance oversight systems, and SSTS
25.27upgrades funded under paragraphs (c) and
25.28(d); and (2) identifying and upgrading
25.29open lot feedlots under 300 animal units in
25.30shoreland.
25.31(b) Organizations receiving grants under
25.32this section shall provide information to
25.33the agencies listed in paragraph (a) on the
25.34information required in the report.
| 25.35 |
Subd. 13.Agriculture BMP Loans |
2,000,000 |
2,500,000 |
||||
26.2agricultural best management practices loan
26.3program under Minnesota Statutes, section
26.417.117. At least 90 percent is available
26.5for pass-through to local governments and
26.6lenders for low-interest loans and is available
26.7until spent. Any unencumbered balance
26.8that is not used for pass-through to local
26.9governments does not cancel at the end of the
26.10first year and is available for the second year.
| 26.11 |
Subd. 14.Appropriation Conditions |
||||||
26.13year are insufficient, the appropriation in
26.14the other year is available for it. All of
26.15the money appropriated to the Board of
26.16Water and Soil Resources in this section
26.17as grants to local governments shall be
26.18administered through the Board of Water
26.19and Soil Resources' local water resources
26.20protection and management program under
26.21Minnesota Statutes, section 103B.3369. The
26.22board may shift grant or cost-share funds in
26.23this section and may adjust the technical and
26.24administrative assistance portion of the funds
26.25to leverage federal or other nonstate funds
26.26or to address oversight responsibilities or
26.27high-priority needs identified in local water
26.28management plans.
26.29Notwithstanding Minnesota Statutes, section
26.3016A.28, the appropriations encumbered on or
26.31before June 30, 2011, as grants or contracts in
26.32this section are available until June 30, 2013.
| 26.33 |
Sec. 4.POINT SOURCE PROTECTION |
||||||
| 26.34 |
Subdivision 1.Total Appropriation |
$ |
20,272,000 |
$ |
23,678,000 |
||
27.2the agencies specified for the protection,
27.3enhancement, and restoration of lakes, rivers,
27.4and streams.
| 27.5 |
Subd. 2.TMDL Grants |
10,522,000 |
12,628,000 |
||||
27.7total maximum daily loads grants under
27.8Minnesota Statutes, section 446A.073.
| 27.9 |
Subd. 3.Phosphorus Reduction Grants |
6,550,000 |
6,850,000 |
||||
27.11phosphorus reduction grants under
27.12Minnesota Statutes, section 446A.074.
| 27.13 27.14 |
Subd. 4.Small Community Wastewater Treatment Grants and Loans |
2,200,000 |
3,200,000 |
||||
27.16community wastewater treatment grants
27.17and loans under Minnesota Statutes, section
27.18446A.075.
| 27.19 |
Subd. 5.Wastewater Reuse Pilot |
1,000,000 |
1,000,000 |
||||
27.21grants for wastewater reuse pilot projects.
27.22(b) $1,000,000 the first year is for grants
27.23to ethanol plants that are within one and
27.24one-half miles of a city for improvements
27.25that reuse greater than 300,000 gallons of
27.26wastewater per day.
| 27.27 |
Subd. 6.Appropriation Conditions |
||||||
27.29available until spent.
| 27.30 27.31 |
Sec. 5.ASSESSMENT, MONITORING, AND TMDL DEVELOPMENT |
||||||
| 27.32 |
Subdivision 1.Total Appropriation |
$ |
17,150,000 |
$ |
25,080,000 |
||
28.2the agencies specified for the protection,
28.3enhancement, and restoration of lakes, rivers,
28.4and streams.
| 28.5 |
Subd. 2.Statewide Assessment and Monitoring |
5,850,000 |
6,950,000 |
||||
28.720 percent of the necessary statewide
28.8assessments and monitoring of surface water
28.9quality and trends.
28.10(b) $150,000 the first year and $196,000 the
28.11second year are for grants to the Red River
28.12Watershed Management Board to enhance
28.13and expand existing river watch activities in
28.14the Red River of the North. The Red River
28.15Watershed Management Board shall provide
28.16a report that includes formal evaluation
28.17results from the river watch program to the
28.18commissioners of education and the Pollution
28.19Control Agency and to the legislative natural
28.20resources finance and policy committees
28.21and K-12 finance and policy committees by
28.22February 15, 2011.
28.23(c) $200,000 the first year and $300,000 the
28.24second year are for coordination with the
28.25state of Wisconsin and the National Park
28.26Service on comprehensive water monitoring
28.27and phosphorus reduction activities in the
28.28Lake St. Croix portion of the St. Croix
28.29River. The Pollution Control Agency
28.30shall work with the St. Croix Basin Water
28.31Resources Planning Team and the St. Croix
28.32River Association in implementing the
28.33water monitoring and phosphorus reduction
28.34activities. This appropriation is available
28.35to the extent matched by nonstate sources.
29.1Money not matched by November 15, 2010,
29.2cancels for this purpose and is available for
29.3the purposes of paragraph (a).
| 29.4 29.5 |
Subd. 3.Endocrine Disruptor Monitoring and Analysis |
175,000 |
200,000 |
||||
29.7endocrine disruptor monitoring and analysis.
29.8The agency shall monitor and analyze
29.9endocrine disruptors in surface waters in at
29.10least 20 additional sites. The data must be
29.11placed on the agency's Web site.
| 29.12 |
Subd. 4.Water Quality Assessments |
1,240,000 |
1,760,000 |
||||
29.14work assisting in water quality assessments
29.15in supporting the identification of impaired
29.16waters.
| 29.17 |
Subd. 5.Pesticide Monitoring and Assessment |
535,000 |
170,000 |
||||
29.19pesticide monitoring and assessment.
29.20(b) $395,000 the first year is for a
29.21demonstration project to monitor agricultural
29.22nonpoint source pollution and implement
29.23best management practices in sub-watersheds
29.24within the Root River Watershed in
29.25southeastern Minnesota.
| 29.26 |
Subd. 6.PCA TMDL Development |
8,250,000 |
10,000,000 |
||||
29.28maximum daily load (TMDL) development
29.29and TMDL implementation plans for waters
29.30listed on the United States Environmental
29.31Protection Agency approved Impaired
29.32Waters List in accordance with Minnesota
29.33Statutes, chapter 114D. The agency shall
30.1complete an average of ten percent of the
30.2TMDLs each year over the biennium.
30.3(b) $250,000 the first year is for a pilot project
30.4for the development of total maximum daily
30.5load (TMDL) studies conducted on a
30.6watershed basis within the Buffalo River
30.7watershed in order to protect, enhance, and
30.8restore water quality in lakes, rivers, and
30.9streams. The pilot project shall include all
30.10necessary field work to develop TMDL
30.11studies for all impaired subwatersheds within
30.12the Buffalo River watershed and provide
30.13information necessary to complete reports for
30.14most of the remaining watersheds, including
30.15analysis of water quality data, identification
30.16of sources of water quality degradation
30.17and stressors, load allocation development,
30.18development of reports that provide
30.19protection plans for subwatersheds that meet
30.20water quality standards, and development of
30.21reports that provide information necessary to
30.22complete TMDL studies for subwatersheds
30.23that do not meet water quality standards, but
30.24are not listed as impaired.
| 30.25 |
Subd. 7.DNR TMDL Development |
900,000 |
1,200,000 |
||||
30.27for TMDL development and TMDL
30.28implementation plans for waters listed on
30.29the United States Environmental Protection
30.30Agency approved Impaired Waters List in
30.31accordance with Minnesota Statutes, chapter
30.32114D.
| 30.33 |
Subd. 8.MDA TMDL Technical Assistance |
200,000 |
300,000 |
||||
31.2technical assistance in developing TMDL
31.3plans.
| 31.4 |
Subd. 9.Appropriation Conditions |
||||||
31.616A.28, the appropriations encumbered on or
31.7before June 30, 2011, as grants or contracts in
31.8this section are available until June 30, 2013.
| 31.9 31.10 |
Sec. 6.GROUNDWATER AND DRINKING WATER PROTECTION |
||||||
| 31.11 |
Subdivision 1.Total Appropriation |
$ |
3,200,000 |
$ |
4,430,000 |
||
31.13the agencies specified for the protection of
31.14groundwater and drinking water sources.
| 31.15 |
Subd. 2.PCA Assessment and Protection |
600,000 |
900,000 |
||||
31.17groundwater assessment and drinking water
31.18protection.
| 31.19 |
Subd. 3.DNR Assessment and Protection |
300,000 |
440,000 |
||||
31.21groundwater assessment and drinking water
31.22protection activities.
| 31.23 |
Subd. 4.Contaminant Assessment |
600,000 |
735,000 |
||||
31.25assessment of drinking water contaminants.
| 31.26 31.27 |
Subd. 5.Source Water Protection and Preservation |
1,000,000 |
1,415,000 |
||||
31.29source water protection activities.
| 31.30 31.31 |
Subd. 6.Metropolitan Master Plan Implementation |
400,000 |
500,000 |
||||
31.33implementation of the master water
32.1supply plan developed under Minnesota
32.2Statutes, section 473.1565.
| 32.3 |
Subd. 7.MDA Assessment and Protection |
300,000 |
440,000 |
||||
32.5groundwater assessment and drinking water
32.6protection activities.
| 32.7 |
Subd. 8.Appropriation Conditions |
||||||
32.916A.28, the appropriations encumbered on or
32.10before June 30, 2011, as grants or contracts in
32.11this section are available until June 30, 2013.
| 32.12 32.13 |
Sec. 7.EDUCATION AND PUBLIC ENGAGEMENT |
||||||
| 32.14 |
Subdivision 1.Total Appropriation |
$ |
300,000 |
$ |
400,000 |
||
32.16agencies specified for education and public
32.17engagement on the protection, restoration,
32.18and enhancement of waters of the state.
| 32.19 |
Subd. 2.Nonpoint Civic Engagement |
200,000 |
250,000 |
||||
32.21for grants for civic engagement and education
32.22in water restoration and protection activities
32.23for nonpoint sources. The board shall give
32.24consideration to civic engagement proposals
32.25from basin or sub-basin organizations,
32.26including the Mississippi Headwaters Board,
32.27the Minnesota River Joint Powers Board,
32.28Area II Minnesota River Basin Projects, and
32.29the Red River Basin Commission. The board
32.30shall develop a plan for expenditures under
32.31this paragraph. By November 15, 2009, the
32.32plan shall be submitted to the house and
32.33senate chairs and ranking minority members
32.34of the environmental finance divisions.
33.1(b) $100,000 the first year and $100,000 the
33.2second year are for grants to the Star Lake
33.3Board established under Minnesota Statutes,
33.4section 103B.702. The appropriation is a
33.5pilot program to focus on engaging citizen
33.6participation and fostering local partnerships
33.7by increasing citizen involvement in water
33.8quality enhancement by designating star
33.9lakes and rivers. The board shall include
33.10information on the results of this pilot
33.11program in its next biennial report under
33.12Minnesota Statutes, section 103B.702. The
33.13second year grants are available only if
33.14the Board of Water and Soil Resources
33.15determines that the money granted in the first
33.16year furthered the water quality goals in the
33.17star lakes program in Minnesota Statutes,
33.18section 103B.701.
| 33.19 33.20 |
Subd. 3.TMDL Development Civic Engagement |
100,000 |
150,000 |
||||
33.22engagement in TMDL development. The
33.23agency shall develop a plan for expenditures
33.24under this paragraph. The agency shall give
33.25consideration to civic engagement proposals
33.26from basin or sub-basin organizations,
33.27including the Mississippi Headwaters Board,
33.28the Minnesota River Joint Powers Board,
33.29Area II Minnesota River Basin Projects,
33.30and the Red River Basin Commission.
33.31By November 15, 2009, the plan shall be
33.32submitted to the house and senate chairs
33.33and ranking minority members of the
33.34environmental finance divisions.
| 33.35 |
Subd. 4.Appropriation Conditions |
||||||
34.216A.28, the appropriations encumbered on or
34.3before June 30, 2011, as grants or contracts in
34.4this section are available until June 30, 2013.
| 34.5 34.6 |
Sec. 8.RESEARCH AND TOOL DEVELOPMENT |
||||||
| 34.7 |
Subdivision 1. Total Appropriation |
$ |
4,550,000 |
$ |
4,650,000 |
||
34.9to the agencies specified for research
34.10and tool development for the protection,
34.11enhancement, and restoration of waters of
34.12the state.
| 34.13 34.14 |
Subd. 2.Agricultural Practice Research, Evaluations, and Effectiveness |
900,000 |
950,000 |
||||
34.16research, evaluation, and effectiveness
34.17monitoring of agricultural practices and
34.18load allocations and assisting in TMDL
34.19development in restoring impaired waters.
34.20(b) $150,000 the first year is for a grant to
34.21the South Central Service Cooperative to
34.22develop a water ecology pilot program to
34.23develop a model curriculum on the protection
34.24and restoration of the quality of surface water
34.25and groundwater.
34.26(c) $150,000 each year is for grants to the
34.27livestock environmental quality assurance
34.28program to develop resource management
34.29plans, provide resource management analysis
34.30and assistance, provide an implementation
34.31plan, and provide for annual reporting on
34.32water quality assessment and reasonable
34.33assurance of the water quality effects for
34.34the purposes of TMDL plans, including an
35.1assurance walk-through for farms enrolled
35.2in the program.
35.3(d) December 15, 2010, the commissioner
35.4of agriculture shall submit a report to the
35.5chairs and ranking minority members of the
35.6legislative committees and divisions with
35.7jurisdiction over agriculture and environment
35.8policy and finance on the activities of the
35.9livestock environmental quality assurance
35.10program. The report shall include:
35.11(1) the number of farms enrolled;
35.12(2) an analysis of the estimated water quality
35.13improvements to enrolled farms;
35.14(3) an analysis of the ability to provide
35.15reasonable assurance of the water quality
35.16effects; and
35.17(4) consideration of recommendations
35.18contained in the commissioner's report on
35.19Star Farms.
| 35.20 |
Subd. 3.County Geologic Atlases |
400,000 |
600,000 |
||||
35.22the second year are for collection and
35.23interpretation of subsurface geological
35.24information and acceleration of the county
35.25geologic atlas program. $122,000 the
35.26first year and $183,000 the second year
35.27of this appropriation is to the Board of
35.28Regents of the University of Minnesota for
35.29the Geological Survey to continue and to
35.30initiate the production of county geologic
35.31atlases. $278,000 the first year and $417,000
35.32the second year of this appropriation is
35.33to the commissioner of natural resources
35.34to investigate physical and recharge
36.1characteristics. This appropriation represents
36.2a continuing effort to complete the county
36.3geologic atlases throughout the state.
| 36.4 |
Subd. 4.High-Resolution Elevation Data |
2,500,000 |
3,100,000 |
||||
36.6to acquire and distribute high-resolution
36.7elevation data collection using light detection
36.8and ranging to aid with impaired waters
36.9modeling and total maximum daily load
36.10implementation under Minnesota Statutes,
36.11chapter 114D.
| 36.12 36.13 |
Subd. 5.Statewide Sustainable Water Resources Framework |
750,000 |
0 |
||||
36.15development of a statewide sustainable
36.16water resources framework to protect,
36.17conserve, and enhance the quantity and
36.18quality of the state's ground and surface
36.19waters. The detailed framework shall be
36.20developed by the University of Minnesota
36.21Water Resources Center in cooperation with
36.22staff from the Environmental Quality Board
36.23and representatives who have expertise
36.24in water resources from federal agencies,
36.25state agencies, local governments, private
36.26nonprofits, and other interested groups.
36.27The framework must include, but is not
36.28limited to, identification of infrastructure
36.29needs; drinking water; groundwater and
36.30surface waters; storm water; agricultural and
36.31industrial needs; the interfaces of climate
36.32change, development and land use, and
36.33demographics; public engagement strategies;
36.34and accountability mechanisms.
37.1(b) The University of Minnesota,
37.2in cooperation with staff from the
37.3Environmental Quality Board, shall
37.4submit the framework to the chairs
37.5and ranking minority members of the
37.6legislative committees with jurisdiction over
37.7environment and natural resources policy
37.8and finance by January 15, 2011.
| 37.9 |
Subd. 6.Appropriation Conditions |
||||||
37.1116A.28, the appropriations encumbered on or
37.12before June 30, 2011, as grants or contracts in
37.13this section are available until June 30, 2013.
37.14 Sec. 9. Minnesota Statutes 2008, section 116G.15, is amended to read:
37.15116G.15 MISSISSIPPI RIVER CORRIDOR CRITICAL AREA.
37.16 Subdivision 1. Establishment; purpose.
37.17River and Recreation Area established pursuant to United States Code, title 16, section
37.18460zz-2(k), is designated an area of critical concern in accordance with this chapter.
37.19
37.20
37.21
37.22
37.23(1) protect and preserve the Mississippi River and adjacent lands that the legislature
37.24finds to be unique and valuable state and regional resources for the benefit of the health,
37.25safety, and welfare of the citizens of the state, region, and nation;
37.26(2) prevent and mitigate irreversible damages to these state, regional, and natural
37.27resources;
37.28(3) preserve and enhance the natural, aesthetic, cultural, and historical values of the
37.29Mississippi River and adjacent lands for public use and benefit;
37.30(4) protect and preserve the Mississippi River as an essential element in the national,
37.31state, and regional transportation, sewer and water, and recreational systems; and
37.32(5) protect and preserve the biological and ecological functions of the Mississippi
37.33River corridor.
38.1
38.2
38.3
38.4
38.5
38.6
38.7
38.8
38.9
38.10
38.11
38.12
38.13
38.14
38.15
38.16
38.17
38.18
38.19
38.20
38.21
38.22
38.23 Subd. 2. Administration; duties. (a) The commissioner of natural resources may
38.24adopt rules under chapter 14 as are necessary for the administration of the Mississippi
38.25River corridor critical area program. Duties of the Environmental Quality Council or the
38.26Environmental Quality Board referenced in this chapter, related rules, and the governor's
38.27executive order number 79-19, published in the State Register on March 12, 1979,
38.28that are related to the Mississippi River corridor critical area shall be the duties of the
38.29commissioner. All rules adopted by the board pursuant to these duties remain in effect
38.30and shall be enforced until amended or repealed by the commissioner in accordance with
38.31law. The commissioner shall work in consultation with the United States Army Corps of
38.32Engineers, the National Park Service, the Metropolitan Council, other agencies, and local
38.33units of government to ensure that the Mississippi River corridor critical area is managed
38.34as a multipurpose resource in a way that:
38.35(1) conserves the scenic, environmental, recreational, mineral, economic, cultural,
38.36and historic resources and functions of the river corridor;
39.1(2) maintains the river channel for transportation by providing and maintaining
39.2barging and fleeting areas in appropriate locations consistent with the character of the
39.3Mississippi River and riverfront;
39.4(3) provides for the continuation and development of a variety of urban uses,
39.5including industrial and commercial uses, and residential uses, where appropriate, within
39.6the Mississippi River corridor;
39.7(4) utilizes certain reaches of the river as a source of water supply and as a receiving
39.8water for properly treated sewage, stormwater, and industrial waste effluents; and
39.9(5) protects and preserves the biological and ecological functions of the corridor.
39.10(b) The Metropolitan Council shall incorporate the standards developed under
39.11this section into its planning and shall work with local units of government and the
39.12commissioner to ensure the standards are being adopted and implemented appropriately.
39.13 Subd. 3. Districts. The commissioner shall establish, by rule, districts within
39.14the Mississippi River corridor critical area. The commissioner must seek to determine
39.15an appropriate number of districts within any one municipality and take into account
39.16municipal plans and policies, and existing ordinances and conditions. The commissioner
39.17shall consider the following when establishing the districts:
39.18(1) the protection of resources that existed as of March 12, 1979;
39.19(2) the protection of improvements such as parks, trails, natural areas, recreational
39.20areas, and interpretive centers;
39.21(3) the use of the Mississippi River as a source of drinking water;
39.22(4) the protection of resources identified in the Mississippi National River and
39.23Recreation Area Comprehensive Management Plan;
39.24(5) the protection of resources identified in comprehensive plans developed by
39.25counties, cities, and towns within the Mississippi River corridor critical area;
39.26(6) the intent of the Mississippi River corridor critical area land use districts from
39.27the governor's executive order number 79-19, published in the State Register on March
39.2812, 1979; and
39.29(7) identified scenic, geologic, and ecological resources.
39.30 Subd. 4. Standards. (a) The commissioner shall establish, by rule, minimum
39.31guidelines and standards for the districts established in subdivision 3. The guidelines
39.32and standards for each district shall include: the intent of each district; key resources
39.33and features to be protected or enhanced based upon paragraph (b); permitted uses;
39.34and dimensional and performance standards for development. The commissioner must
39.35take into account municipal plans and policies, and existing ordinances and conditions
39.36when developing the guidelines in this section. The commissioner may provide certain
40.1exceptions and criteria for standards, including, but not limited to, exceptions for river
40.2access facilities, water supply facilities, stormwater facilities, and wastewater treatment
40.3facilities, and hydropower facilities.
40.4(b) The guidelines and standards must protect or enhance the following key
40.5resources and features:
40.6(1) floodplains;
40.7(2) wetlands;
40.8(3) gorges;
40.9(4) areas of confluence with key tributaries;
40.10(5) natural drainage routes;
40.11(6) shorelines and riverbanks;
40.12(7) bluffs;
40.13(8) steep slopes and very steep slopes;
40.14(9) unstable soils and bedrock;
40.15(10) significant existing vegetative stands, tree canopies, and native plant
40.16communities;
40.17(11) scenic views and vistas;
40.18(12) publicly owned parks, trails, and open spaces;
40.19(13) cultural and historic sites and structures; and
40.20(14) water quality.
40.21(c) The commissioner shall establish a map to define bluffs and bluff-related features
40.22within the Mississippi River corridor critical area. At the outset of the rulemaking process,
40.23the commissioner shall create a preliminary map of all the bluffs and bluff lines within
40.24the Mississippi River corridor critical area, based on the guidelines in paragraph (d). The
40.25rulemaking process shall provide an opportunity to refine the preliminary bluff map. The
40.26commissioner may add to or remove areas of demonstrably unique or atypical conditions
40.27that warrant special protection or exemption. At the end of the rulemaking process, the
40.28commissioner shall adopt a final bluff map that contains associated features, including
40.29bluff lines, bases of bluffs, steep slopes, and very steep slopes.
40.30(d) The following guidelines shall be used by the commissioner to create a
40.31preliminary bluff map as part of the rulemaking process:
40.32(1) "bluff face" or "bluff" means the area between the bluff line and the bluff base. A
40.33high, steep, natural topographic feature such as a broad hill, cliff, or embankment with
40.34a slope of 18 percent or greater and a vertical rise of at least ten feet between the bluff
40.35base and the bluff line;
41.1(2) "bluff line" means a line delineating the top of a slope connecting the points
41.2at which the slope becomes less than 18 percent. More than one bluff line may be
41.3encountered proceeding upslope from the river valley;
41.4(3) "base of the bluff" means a line delineating the bottom of a slope connecting
41.5the points at which the slope becomes 18 percent or greater. More than one bluff base
41.6may be encountered proceeding landward from the water;
41.7(4) "steep slopes" means 12 percent to 18 percent slopes. Steep slopes are natural
41.8topographic features with an average slope of 12 to 18 percent measured over a horizontal
41.9distance of 50 feet or more; and
41.10(5) "very steep slopes" means slopes 18 percent or greater. Very steep slopes are
41.11natural topographic features with an average slope of 18 percent or greater, measured over
41.12a horizontal distance of 50 feet or more.
41.13 Subd. 5. Application. The standards established under this section shall be used:
41.14(1) by local units of government when preparing or updating plans or modifying
41.15regulations;
41.16(2) by state and regional agencies for permit regulation and in developing plans
41.17within their jurisdiction;
41.18(3) by the Metropolitan Council for reviewing plans, regulations, and development
41.19permit applications; and
41.20(4) by the commissioner when approving plans, regulations, and development
41.21permit applications.
41.22 Subd. 6. Notification; fees. A local unit of government or a regional or state agency
41.23shall notify the commissioner of natural resources of all developments in the corridor that
41.24require discretionary actions under their rules at least 10 days before taking final action on
41.25the application. A local unit of government or agency failing to notify the commissioner at
41.26least ten days before taking final action shall submit a late fee of $50 to the commissioner.
41.27For purposes of this section, a discretionary action includes all actions that require a public
41.28hearing, including variances, conditional use permits, and zoning amendments.
41.29 Subd. 7. Rules. The commissioner shall adopt rules to ensure compliance with this
41.30section. By January 15, 2010, the commissioner shall begin the rulemaking required by
41.31this section. Until the rules required under this section take effect, the commissioner
41.32shall administer the Mississippi River corridor critical area program in accordance with
41.33the governor's executive order number 79-19, published in the State Register on March
41.3412, 1979.
| 42.3 |
Section 1.PARKS AND TRAILS FUND APPROPRIATIONS. |
||||||
42.5the agencies and for the purposes specified in this article. The appropriations are from
42.6the parks and trails fund, or another named fund, and are available for the fiscal years
42.7indicated for each purpose. The figures "2010" and "2011" used in this article mean that
42.8the appropriations listed under them are available for the fiscal year ending June 30, 2010,
42.9or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is
42.10fiscal year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the
42.11fiscal year ending June 30, 2009, are effective the day following final enactment. All
42.12appropriations in this article are onetime.
| 42.13 |
APPROPRIATIONS |
||||||
| 42.14 |
Available for the Year |
||||||
| 42.15 |
Ending June 30 |
||||||
| 42.16 |
2010 |
2011 |
|||||
| 42.17 42.18 |
Sec. 2.DEPARTMENT OF NATURAL RESOURCES |
$ |
16,500,000 |
$ |
19,800,000 |
||
42.20the second year are for state parks, recreation
42.21areas, and trails to:
42.22(1) connect people to the outdoors by
42.23providing access, conservation education,
42.24and interpretive services, including enhanced
42.25naturalist programs;
42.26(2) accelerate natural resource management,
42.27restoration, and protection activities at state
42.28parks; and
42.29(3) accelerate facility maintenance and
42.30rehabilitation, including energy-efficiency
42.31improvements and the use of renewable
42.32sources of energy.
42.33$3,500,000 the first year and $4,300,000
42.34the second year are for grants under new
43.1Minnesota Statutes, section 85.535, to
43.2parks and trails recognized as meeting the
43.3constitutional requirement of being a park
43.4or trail of regional or statewide significance.
43.5Grants under this section must be used only
43.6for acquisition, development, restoration,
43.7and maintenance. Up to 2.5 percent of this
43.8appropriation may be used for administering
43.9the grants.
43.10The commissioner shall develop a ten-year
43.11strategic state parks and trails plan
43.12considering traditional funding and the
43.13funding available under the Minnesota
43.14Constitution, article XI, section 15. The plan
43.15shall incorporate the 25-year framework
43.16developed under section 7.
43.17The commissioner shall submit an annual
43.18report on the expenditure and use of money
43.19appropriated under this section to the
43.20legislature as provided in Minnesota Statutes,
43.21section 3.195. The first year report must be
43.22submitted by March 1, 2010. In subsequent
43.23years the report shall be submitted by January
43.2415. The report must relate the expenditure of
43.25funds by the categories established and detail
43.26the outcomes in terms of additional use of
43.27parks and trails resources, user satisfaction
43.28surveys, and other appropriate outcomes.
43.29The department and grantees receiving
43.30money under this section shall give
43.31consideration to contracting with the
43.32Minnesota Conservation Corps for contract
43.33restoration, maintenance, and other activities.
| 43.34 |
Sec. 3.METROPOLITAN COUNCIL |
$ |
$13,000,000 |
$ |
$15,500,000 |
||
44.2new Minnesota Statutes, section 85.53,
44.3subdivision 2.
44.4(b) The Metropolitan Council shall submit
44.5an annual report on the expenditure and use
44.6of money appropriated under this section
44.7to the legislature as provided in Minnesota
44.8Statutes, section 3.195. The first report
44.9shall be submitted by March 1, 2010.
44.10In subsequent years, the report shall be
44.11submitted by January 15. The report must
44.12detail the outcomes in terms of additional use
44.13of parks and trails resources, user satisfaction
44.14surveys, and other appropriate outcomes.
44.15(c) The implementing agencies receiving
44.16appropriations under this section shall
44.17give consideration to contracting with the
44.18Minnesota Conservation Corps for contract
44.19restoration, maintenance, and other activities.
| 44.20 |
Sec. 4.UNIVERSITY OF MINNESOTA |
$ |
400,000 |
$ |
-0- |
||
44.22of Minnesota for the Center for Changing
44.23Landscapes to create a comprehensive
44.24statewide parks and trails framework and
44.25system inventory.
44.26 Sec. 5. Minnesota Statutes 2008, section 85.53, is amended to read:
44.2785.53 PARKS AND TRAILS FUND.
44.28 Subdivision 1. Fund established; purpose. The parks and trails fund is established
44.29in the Minnesota Constitution, article XI, section 15. All money earned by the parks and
44.30trails fund must be credited to the fund.
44.31 Subd. 2. Metropolitan area distribution formula. (a) Money appropriated from
44.32the parks and trails fund to the Metropolitan Council shall be distributed to implementing
45.1agencies, as defined in section 473.351, subdivision 1, paragraph (a), as grants according
45.2to the following formula:
45.3(1) 45 percent of the money must be disbursed according to the allocation formula in
45.4section 473.351, subdivision 3, to each implementing agency;
45.5(2) 31.5 percent of the money must be distributed based on each implementing
45.6agency's relative share of the most recent estimate of the population of the metropolitan
45.7area;
45.8(3) 13.5 percent of the money must be distributed based on each implementing
45.9agency's relative share of nonlocal visits based on the most recent user visitation survey
45.10conducted by the Metropolitan Council; and
45.11(4) ten percent of the money must be distributed as grants to implementing agencies
45.12for land acquisition within Metropolitan Council approved regional parks and trails master
45.13plan boundaries under the council's park acquisition opportunity grant program. The
45.14Metropolitan Council must provide a match of $2 of the council's park bonds for every $3
45.15of state funds for the park acquisition opportunity grant program.
45.16(b) Money allocated under paragraph (a) is to:
45.17(1) connect people to the outdoors by providing access, conservation education, and
45.18interpretive services, including enhanced naturalist programs;
45.19(2) accelerate natural resource acquisition, management, restoration, and protection
45.20activities at regional parks; and
45.21(3) accelerate facility acquisition, development, maintenance, and rehabilitation,
45.22including energy-efficiency improvements and the use of renewable sources of energy.
45.23 Sec. 6. [85.535] PARKS AND TRAILS GRANT PROGRAM.
45.24 Subdivision 1. Establishment. The commissioner of natural resources shall
45.25administer a program to provide grants from the parks and trails fund to support parks and
45.26trails of regional or statewide significance. Grants shall not be made under this section for
45.27state parks, state recreational areas, or state trails.
45.28 Subd. 2. Priorities. In awarding trails grants under this section, the commissioner
45.29shall give priority to:
45.30(1) trail projects that provide connectivity;
45.31(2) trail projects that provide enhanced opportunities for commuters; and
45.32(3) trail projects that provide enhanced safety.
45.33 Subd. 3. Match. Recipients must provide a nonstate cash match of at least 25
45.34percent of the total eligible project costs.
46.1 Sec. 7. CREATION OF FRAMEWORK AND INVENTORY.
46.2 Subdivision 1. Framework development. (a) The University of Minnesota
46.3Center for Changing Landscapes is directed to create a long-range, 25-year framework
46.4for an integrated statewide parks and trails system that provides information on the
46.5natural resource-based recreational opportunities available throughout the state. The
46.6detailed framework must include an inventory of existing regionally and statewide
46.7significant parks and trails, respond to recreational trends and demographic changes,
46.8and identify underserved areas, overused facilities, and gaps in the current parks and
46.9trails system. The framework must identify opportunities for enhancing existing assets,
46.10developing new assets, and linking those assets together effectively. In developing the
46.11framework and creating the inventory, the Center for Changing Landscapes shall use
46.12geographic information system technology, aerial photographs, and other pertinent data
46.13from government agencies.
46.14(b) As part of the inventory, the Center for Changing Landscapes shall develop
46.15a user-friendly Web-based application that will function as a guide for information on
46.16state and regional parks in the state. The Department of Natural Resources and the
46.17Metropolitan Council shall work with the Center for Changing Landscapes to ensure that
46.18all the information currently available on their Web sites is incorporated into the newly
46.19developed statewide Web system. The statewide parks and trails Web guide shall be
46.20incorporated into the Department of Natural Resources Web site.
46.21(c) In developing the framework and inventory, the Center for Changing Landscapes
46.22shall consult with the Department of Natural Resources, the Metropolitan Council, local
46.23units of government, park and trail groups, the public, and other stakeholder groups. The
46.24Center for Changing Landscapes shall ensure public participation and active involvement
46.25of user groups and local communities.
46.26 Subd. 2. Report. The Center for Changing Landscapes shall submit the framework
46.27in a report to the chairs and ranking minority members of the senate and house of
46.28representatives committees and divisions having jurisdiction over natural resources policy
46.29and finance by October 1, 2010.
| 46.32 |
Section 1.ARTS AND CULTURAL HERITAGE FUND APPROPRIATIONS. |
||||||
46.34agencies and for the purposes specified in this article. The appropriations are from the arts
46.35and cultural heritage fund, and are available for the fiscal years indicated for allowable
47.1activities under the Minnesota Constitution, article XI, section 15. The figures "2010" and
47.2"2011" used in this article mean that the appropriations listed under them are available for
47.3the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The first year" is
47.4fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is fiscal years
47.52010 and 2011. Appropriations for the fiscal year ending June 30, 2009, are effective the
47.6day following final enactment.
| 47.7 |
APPROPRIATIONS |
||||||
| 47.8 |
Available for the Year |
||||||
| 47.9 |
Ending June 30 |
||||||
| 47.10 |
2010 |
2011 |
|||||
| 47.11 |
Sec. 2.BOARD OF THE ARTS. |
||||||
| 47.12 |
Subdivision 1.Total Appropriation |
$ |
23,750,000 |
$ |
23,750,000 |
||
47.14arts education, and arts access and to preserve
47.15Minnesota's history and cultural heritage as
47.16specified in the following subdivisions.
| 47.17 |
Subd. 2.Distribution Formula |
||||||
47.19(1) up to 78 percent of the money to support
47.20Minnesota artists and arts organizations
47.21in creating, producing, and presenting
47.22high-quality arts activities; to overcome
47.23barriers to accessing high-quality arts
47.24activities; and to instill the arts into the
47.25community and public life in this state;
47.26(2) up to 15 percent of the money for
47.27high-quality, age-appropriate arts education
47.28for Minnesotans of all ages to develop
47.29knowledge, skills, and understanding of the
47.30arts;
47.31(3) up to five percent of the money for events
47.32and activities that represent the diverse ethnic
47.33and cultural arts traditions, including folk
48.1and traditional artists and art organizations,
48.2represented in this state; and
48.3(4) up to three percent of the money
48.4to administer grant programs, deliver
48.5technical services, provide fiscal oversight
48.6for the statewide system, and to ensure
48.7accountability for these state resources.
48.8Thirty percent of the total appropriated to
48.9each of the categories established in this
48.10subdivision is for grants to the regional arts
48.11councils. This percentage does not apply to
48.12administrative costs.
48.13These appropriations are added to the
48.14agency's base budget. Any unexpended
48.15balance under this section is available in
48.16either year.
| 48.17 |
Subd. 3.Reporting |
||||||
48.19annual report on the expenditure and use of
48.20money appropriated under this section to the
48.21legislature as provided in Minnesota Statutes,
48.22section 3.195. The first year report must be
48.23submitted by March 1, 2010. In subsequent
48.24years the report shall be submitted by January
48.2515. The report must relate the expenditure
48.26of funds by the categories established in
48.27subdivision 2.
| 48.28 |
Subd. 4.Appropriation Conditions |
||||||
48.3016A.28, the appropriations encumbered on or
48.31before June 30, 2011, as grants or contracts in
48.32this section are available until June 30, 2013.
| 48.33 48.34 |
Sec. 3.MINNESOTA HISTORICAL SOCIETY |
$ |
12,500,000 |
$ |
12,500,000 |
||
49.2Minnesota's history and cultural heritage.
49.3(b) Of these amounts:
49.4(1) up to 45 percent each year for statewide
49.5history programs and projects;
49.6(2) up to 30 percent of the money for
49.7a competitive grant program for history
49.8programs and projects operated by or
49.9through local, county, regional, other history
49.10organizations, or local units of government;
49.11(3) up to 25 percent of the money for
49.12history programs and projects that involve
49.13partnerships or collaboration with history or
49.14other organizations; and
49.15(4) up to three percent of the money to
49.16administer grant programs, deliver technical
49.17services, provide fiscal oversight, and ensure
49.18accountability for these state resources. The
49.19director may allocate administrative costs
49.20between the programs.
49.21These appropriations are added to the
49.22agency's base budget. Any unexpended
49.23balance under this section is available in
49.24either year.
49.25(c) The director shall submit an annual
49.26report on the expenditure and use of money
49.27appropriated under this section to the
49.28legislature as provided in Minnesota Statutes,
49.29section 3.195. The first year report must be
49.30submitted by March 1, 2010. In subsequent
49.31years the report shall be submitted by January
49.3215. The report must relate the expenditure
49.33of funds by the categories established in
49.34paragraph (b), clauses (1) to (4).
50.1(d) Notwithstanding Minnesota Statutes,
50.2section 16A.28, the appropriations
50.3encumbered on or before June 30, 2011,
50.4as grants or contracts in this section are
50.5available until June 30, 2013.
| 50.6 |
Sec. 4.HUMANITIES COMMISSION |
$ |
1,500,000 |
$ |
1,500,000 |
||
50.8Minnesota's history and cultural heritage.
50.9A portion of this amount is available for
50.10organizations and programs that support
50.11ethnic and cultural diversity in this state.
50.12(b) The commission shall submit an annual
50.13report on the expenditure and use of money
50.14appropriated under this section to the
50.15legislature as provided in Minnesota Statutes,
50.16section 3.195. The first year report must be
50.17submitted by March 1, 2010. In subsequent
50.18years the report shall be submitted by January
50.1915.
50.20These appropriations are added to the
50.21agency's base budget. Any unexpended
50.22balance under this section is available in
50.23either year.
50.24(c) Notwithstanding Minnesota Statutes,
50.25section 16A.28, the appropriations
50.26encumbered on or before June 30, 2011,
50.27as grants or contracts in this section are
50.28available until June 30, 2013.
| 50.29 50.30 |
Sec. 5.DEPARTMENT OF ADMINISTRATION |
$ |
6,150,000 |
$ |
6,150,000 |
||
50.32for arts, arts education, and arts access and
50.33to preserve Minnesota's history and cultural
50.34heritage, as specified under this section.
51.1(b) $3,500,000 the first year and $3,500,000
51.2the second year are appropriated for a grant to
51.3the Minnesota Public Television Association
51.4for production and acquisition grants in
51.5accordance with Minnesota Statutes, section
51.6129D.18. This funding is also available to
51.7public access cable stations for arts, history,
51.8and cultural programs.
51.9(c) $1,325,000 the first year and $1,325,000
51.10the second year are appropriated for a grant
51.11to Minnesota Public Radio to create new
51.12programming and events, expand regional
51.13news service, amplify Minnesota culture
51.14to a regional and national audience, and
51.15document Minnesota's history through the
51.16Minnesota Audio Archives.
51.17(d) $1,325,000 the first year and $1,325,000
51.18the second year are appropriated for a grant
51.19to the Association of Minnesota Public Radio
51.20Stations for production and acquisition grants
51.21in accordance with Minnesota Statutes,
51.22section 129D.19.
51.23These appropriations are added to the
51.24agency's base budget. Any unexpended
51.25balance under this section is available in
51.26either year.
51.27(e) The commissioner shall submit an
51.28annual report on the expenditure and use
51.29of money appropriated under this section
51.30to the legislature as provided in Minnesota
51.31Statutes, sections 129D.18, subdivision 4,
51.32and 129D.19, subdivision 4.
51.33(f) Notwithstanding Minnesota Statutes,
51.34section 16A.28, the appropriations
51.35encumbered on or before June 30, 2011,
52.1as grants or contracts in this section are
52.2available until June 30, 2013.
| 52.3 |
Sec. 6.EXPLORE MINNESOTA TOURISM |
$ |
500,000 |
$ |
500,000 |
||
52.5Tourism for a grant to the Minnesota Film
52.6and TV Board for grants for reimbursements
52.7to eligible film projects that promote
52.8Minnesota's cultural heritage. "Eligible film
52.9project" means a film written by a resident
52.10of Minnesota and directed or produced by a
52.11resident of Minnesota; a film set in Minnesota
52.12and directed or produced by a resident of
52.13Minnesota; or a film that documents an event
52.14or period in Minnesota history, whether a
52.15true documentary or a fictionalized account
52.16of the historic event, and has either a writer
52.17or director who is a resident of Minnesota.
52.18Eligible film projects must be filmed in
52.19Minnesota.
52.20(b) The director shall submit an annual
52.21report on the expenditure and use of money
52.22appropriated under this section to the
52.23legislature as provided in Minnesota Statutes,
52.24section 3.195. The first year report must be
52.25submitted by March 1, 2010. In subsequent
52.26years the report shall be submitted by January
52.2715.
52.28(c) Notwithstanding Minnesota Statutes,
52.29section 16A.28, the appropriations
52.30encumbered on or before June 30, 2011,
52.31as grants or contracts in this section are
52.32available until June 30, 2013.
| 52.33 52.34 |
Sec. 7.SCIENCE MUSEUM OF MINNESOTA |
$ |
500,000 |
$ |
500,000 |
||
53.2and arts access and to preserve Minnesota's
53.3history and cultural heritage.
53.4(b) The director shall submit an annual
53.5report on the expenditure and use of money
53.6appropriated under this section to the
53.7legislature as provided in Minnesota Statutes,
53.8section 3.195. The first year report must be
53.9submitted by March 1, 2010. In subsequent
53.10years the report shall be submitted by January
53.1115.
53.12(c) Notwithstanding Minnesota Statutes,
53.13section 16A.28, the appropriations
53.14encumbered on or before June 30, 2011,
53.15as grants or contracts in this section are
53.16available until June 30, 2013.
| 53.17 53.18 |
Sec. 8.MINNESOTA CHILDREN'S MUSEUM |
$ |
100,000 |
$ |
100,000 |
||
53.20and arts access and to preserve Minnesota's
53.21history and cultural heritage.
53.22(b) The director shall submit an annual
53.23report on the expenditure and use of money
53.24appropriated under this section to the
53.25legislature as provided in Minnesota Statutes,
53.26section 3.195. The first year report must be
53.27submitted by March 1, 2010. In subsequent
53.28years the report shall be submitted by January
53.2915.
53.30(c) Notwithstanding Minnesota Statutes,
53.31section 16A.28, the appropriations
53.32encumbered on or before June 30, 2011,
53.33as grants or contracts in this section are
53.34available until June 30, 2013.
| 54.1 |
Sec. 9.DULUTH CHILDREN'S MUSEUM |
$ |
100,000 |
$ |
100,000 |
||
54.3and arts access and to preserve Minnesota's
54.4history and cultural heritage.
54.5(b) The director shall submit an annual
54.6report on the expenditure and use of money
54.7appropriated under this section to the
54.8legislature as provided in Minnesota Statutes,
54.9section 3.195. The first year report must be
54.10submitted by March 1, 2010. In subsequent
54.11years the report shall be submitted by January
54.1215.
54.13(c) Notwithstanding Minnesota Statutes,
54.14section 16A.28, the appropriations
54.15encumbered on or before June 30, 2011,
54.16as grants or contracts in this section are
54.17available until June 30, 2013.
| 54.18 |
Sec. 10.INDIAN AFFAIRS COUNCIL |
$ |
500,000 |
$ |
500,000 |
||
54.20and arts access and to preserve Minnesota's
54.21history and cultural heritage.
54.22(b) The director shall submit an annual
54.23report on the expenditure and use of money
54.24appropriated under this section to the
54.25legislature as provided in Minnesota Statutes,
54.26section 3.195. The first year report must be
54.27submitted by March 1, 2010. In subsequent
54.28years the report shall be submitted by January
54.2915.
54.30(c) Notwithstanding Minnesota Statutes,
54.31section 16A.28, the appropriations
54.32encumbered on or before June 30, 2011,
55.1as grants or contracts in this section are
55.2available until June 30, 2013.
| 55.3 55.4 |
Sec. 11.PERPICH CENTER FOR ARTS EDUCATION |
$ |
400,000 |
$ |
1,200,000 |
||
55.6and arts access and to preserve Minnesota's
55.7history and cultural heritage.
55.8(b) The director shall submit an annual
55.9report on the expenditure and use of money
55.10appropriated under this section to the
55.11legislature as provided in Minnesota Statutes,
55.12section 3.195. The first year report must be
55.13submitted by March 1, 2010. In subsequent
55.14years the report shall be submitted by January
55.1515.
55.16(c) Notwithstanding Minnesota Statutes,
55.17section 16A.28, the appropriations
55.18encumbered on or before June 30, 2011,
55.19as grants or contracts in this section are
55.20available until June 30, 2013.
| 55.21 55.22 |
Sec. 12.MINNESOTA ZOOLOGICAL GARDEN |
$ |
-0- |
$ |
100,000 |
||
55.24and arts access and to preserve Minnesota's
55.25history and cultural heritage.
55.26(b) The director shall submit an annual
55.27report on the expenditure and use of money
55.28appropriated under this section to the
55.29legislature as provided in Minnesota Statutes,
55.30section 3.195. The first year report must be
55.31submitted by March 1, 2010. In subsequent
55.32years the report shall be submitted by January
55.3315.
56.1(c) Notwithstanding Minnesota Statutes,
56.2section 16A.28, the appropriations
56.3encumbered on or before June 30, 2011,
56.4as grants or contracts in this section are
56.5available until June 30, 2013.
56.6 Sec. 13. [129D.18] PUBLIC TELEVISION CULTURAL AND HERITAGE
56.7PRODUCTION AND ACQUISITION GRANTS.
56.8 Subdivision 1. Use of grant funds. Money appropriated from the Minnesota arts
56.9and cultural heritage fund may be designated to make grants to public stations, as defined
56.10in section 129D.12, subdivision 2. Grants received under this section must be used to
56.11create, produce, acquire, or distribute programs that educate, enhance, or promote local,
56.12regional, or statewide items of artistic, cultural, or historic significance. Grant funds may
56.13be used to cover any expenses associated with the creation, production, acquisition, or
56.14distribution of public television programs through broadcast or online, including the
56.15creation and distribution of educational materials.
56.16 Subd. 2. Administration. Money appropriated under this section must be used by
56.17the commissioner of administration to make grants based upon the recommendations of
56.18the Minnesota Public Television Association.
56.19 Subd. 3. Conditions. (a) A public station receiving funds appropriated under this
56.20section must:
56.21(1) make programs produced with these funds available for broadcast to all other
56.22public stations eligible to receive grants under this section;
56.23(2) offer free public performance rights for public educational institutions;
56.24(3) archive programs produced with these funds and make the programs available
56.25for future use through encore broadcast or other distribution, including online; and
56.26(4) ensure that underwriting credit is given to the Minnesota arts and cultural
56.27heritage fund.
56.28(b) Programs produced in partnership with other mission-centered nonprofit
56.29organizations may be used by the partnering organization for their own educational or
56.30promotional purposes.
56.31 Subd. 4. Reporting. A public station receiving funds appropriated under this
56.32section must report annually by January 15 to the commissioner and the chairs and ranking
56.33minority members of the senate and house of representatives committees and divisions
56.34having jurisdiction over arts and cultural heritage policy and budget regarding how the
56.35previous year's grant funds were expended. This report must contain specific information
57.1for each program produced and broadcast, including the cost of production, the number
57.2of stations broadcasting the program, estimated viewership, the number of Web site
57.3downloads, and other related measures. If the programs produced include educational
57.4material, the public station must report to the commissioner on these efforts.
57.5 Sec. 14. [129D.19] GENERAL NONCOMMERCIAL RADIO CULTURAL AND
57.6HERITAGE PRODUCTION AND ACQUISITION GRANTS.
57.7 Subdivision 1. Use of grant funds. Money appropriated from the Minnesota arts
57.8and cultural heritage fund may be designated to make grants to noncommercial radio
57.9stations, as defined in section 129D.14, subdivision 2. Grants received under this section
57.10must be used to create, produce, acquire, or distribute programs that educate, enhance, or
57.11promote local, regional, or statewide items of artistic, cultural, or historic significance.
57.12Grant funds may be used to cover any expenses associated with the creation, production,
57.13acquisition, or distribution of noncommercial radio programs through broadcast.
57.14 Subd. 2. Administration. Money appropriated under this section must be used by
57.15the commissioner of administration to make grants based upon the recommendations of
57.16the Association of Minnesota Public Educational Radio Stations.
57.17 Subd. 3. Conditions. (a) A noncommercial radio station receiving funds
57.18appropriated under this section must:
57.19(1) make programs produced with these funds available for broadcast to all other
57.20noncommercial radio stations eligible to receive grants under this section;
57.21(2) offer free public performance rights for public educational institutions;
57.22(3) archive programs produced with these funds and make the programs available
57.23for future use through encore broadcast or other distribution, including online; and
57.24(4) ensure that underwriting credit is given to the Minnesota arts and cultural
57.25heritage fund.
57.26(b) Programs produced in partnership with other mission-centered nonprofit
57.27organizations may be used by the partnering organization for their own educational or
57.28promotional purposes.
57.29 Subd. 4. Reporting. A noncommercial radio station receiving funds appropriated
57.30under this section must report annually by January 15 to the commissioner and the chairs
57.31and ranking minority members of the senate and house of representatives committees and
57.32divisions having jurisdiction over arts and cultural heritage policy and budget regarding
57.33how the previous year's grant funds were expended. This report must contain specific
57.34information for each program produced and broadcast, including the cost of production,
57.35the number of stations broadcasting the program, estimated number of listeners, and
58.1other related measures. If the programs produced include educational material, the
58.2noncommercial radio station must report to the commissioner on these efforts.
58.3 Sec. 15. [129E.01] ARTS AND CULTURAL HERITAGE FUND.
58.4 Subdivision 1. Fund established. The arts and cultural heritage fund is established
58.5in the Minnesota Constitution, article XI, section 15. All money earned by the fund must
58.6be credited to the fund.
58.7 Subd. 2. Appropriations. Money in the arts and cultural heritage fund is
58.8appropriated annually as follows:
58.9(1) 50 percent to the executive director of the Board of the Arts for grants and
58.10services provided in accordance with law; and
58.11(2) at least 25 percent to the director of the Minnesota Historical Society for grants
58.12and distribution in accordance with law.
58.13 Subd. 3. Acknowledgment. A recipient of money from the arts and cultural
58.14heritage fund must include credit in printed materials, media releases, advertisements, and
58.15electronic, audio, or video promotional materials acknowledging that the activities and
58.16projects are the results of the legacy amendment to the Minnesota Constitution adopted by
58.17the voters on November 4, 2008.
58.18 Sec. 16. VOLUNTEER WORKING GROUP ON DAKOTA AND OJIBWE
58.19LANGUAGE REVITALIZATION AND PRESERVATION.
58.20 Subdivision 1. Establishment. A volunteer working group is established to develop
58.21a unified strategy to revitalize and preserve indigenous languages of the 11 federally
58.22recognized American Indian tribes in Minnesota. As the federal government recognized
58.23through passage of the Esther Martinez Native American Languages Preservation Act
58.24of 2006, the revitalization and preservation of American Indian languages is of vital
58.25importance to preserving the American Indian culture. There have been recent efforts in
58.26Minnesota to develop programs to teach the Dakota and Ojibwe languages to students
58.27and to create fluent speakers at both the kindergarten through grade 12 level and at the
58.28postsecondary level. The volunteer working group shall, among other duties, inventory
58.29these efforts and make recommendations regarding how to further revitalize and preserve
58.30Dakota and Ojibwe languages.
58.31 Subd. 2. Membership. The executive director of the Minnesota Indian Affairs
58.32Council shall invite each of the 11 federally recognized tribes under Minnesota Statutes,
58.33section 3.922, subdivision 1, clause (1), to participate by appointing one member of each
58.34tribe to the working group. Three additional members shall be appointed by the Indian
59.1Affairs Council. Two of these members must represent the American Indian population
59.2in the Minneapolis-St. Paul area and one member must represent the American Indian
59.3population in Duluth. Other working group members may include, at their discretion, the
59.4commissioner of education or the commissioner's appointee, the director of the Office of
59.5Higher Education or the director's appointee, one member of the Board of Teaching, and
59.6the director of the Minnesota Historical Society or the director's appointee. The working
59.7group may add other members as deemed appropriate by a majority vote of the existing
59.8members. The executive director of the Indian Affairs Council must convene the first
59.9meeting no later than September 1, 2009. At the first meeting, the members shall elect
59.10from amongst themselves a chair and vice chair of the working group.
59.11 Subd. 3. Duties. The working group must develop strategies for the 11 federally
59.12recognized American Indian tribes and the state to work together to revitalize and preserve
59.13the Dakota and Ojibwe languages in Minnesota. The duties of the working group include,
59.14but are not limited to:
59.15(1) creating an inventory of existing programs designed to preserve Dakota and
59.16Ojibwe languages in the state, including postsecondary programs, programs in tribal
59.17schools, and other schools throughout the state;
59.18(2) creating an inventory of available resources for Dakota and Ojibwe language
59.19revitalization and immersion programs, including curriculum, educational materials,
59.20and trained teachers;
59.21(3) identifying curriculum needs to train teachers to teach the Dakota and Ojibwe
59.22languages in immersion programs and barriers to training teachers to teach the Dakota and
59.23Ojibwe language;
59.24(4) identifying classroom curriculum needs for teaching students in Dakota and
59.25Ojibwe languages;
59.26(5) determining how the identified curriculum needs should be met;
59.27(6) determining if there is a need for a central repository of resources, and if there
59.28is a need, where the repository should be located, how it should be structured, and who
59.29should have responsibility for maintaining the repository;
59.30(7) determining what technical assistance the state could offer to further Dakota
59.31and Ojibwe language immersion programs;
59.32(8) identifying private, state, and national financial resources available to further
59.33Dakota and Ojibwe language revitalization and preservation efforts;
59.34(9) identifying current state and federal law, rules, regulations, and policy that
59.35should be repealed, modified, or waived, in order to further Dakota and Ojibwe language
59.36immersion programs; and
60.1(10) assessing the level of interest in the community for Dakota and Ojibwe
60.2language immersion programs.
60.3 Subd. 4. Expenses. Members of the group are not eligible for compensation but
60.4may receive reimbursement for their expenses as provided in Minnesota Statutes, section
60.515.059, subdivision 3.
60.6 Subd. 5. Report. The working group must report its findings and recommendations,
60.7including draft legislation, if necessary, to the Indian Affairs Council and the chairs and
60.8ranking minority members of the legislative committees and divisions with jurisdiction
60.9over early childhood through grade 12 education and higher education by February 15,
60.102011. The committee expires on February 16, 2011.
60.11 Sec. 17. REPEALER.
60.12Minnesota Statutes 2008, section 129D.17, is repealed.
| 60.15 |
Section 1.LEGACY WEB SITE |
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60.17Commission shall establish and maintain
60.18a Web site to provide information on all
60.19projects receiving appropriations in this
60.20article. The commission may provide a link
60.21to a state Web site that contains all of the
60.22necessary information on projects to satisfy
60.23this requirement. The Web site must provide
60.24information for each project, including, but
60.25not limited to:
60.26(1) the name of the project;
60.27(2) a brief description of the project;
60.28(3) the amount of money appropriated in this
60.29article for the project;
60.30(4) any nonstate sources of funding specified
60.31for the project; and
60.32(5) goals and outcomes of the project.
61.1(b) As a condition of accepting an
61.2appropriation in this article, any agency
61.3or entity receiving an appropriation must
61.4provide the information to the Legislative
61.5Coordinating Commission that is necessary
61.6to establish and maintain the Web site under
61.7paragraph (a). The provision of the necessary
61.8information required for the Web site under
61.9paragraph (a) to another state entity that is
61.10linked to the commission's Web site shall be
61.11considered meeting this requirement.
61.12(c) $50,000 in fiscal year 2010 is appropriated
61.13to the Legislative Coordinating Commission
61.14for the costs of developing and implementing
61.15a Web site to contain information on projects
61.16receiving appropriations from the outdoor
61.17heritage fund, the clean water fund, and
61.18the parks and trails fund. Of this amount,
61.19$10,000 is from the outdoor heritage fund;
61.20$25,000 is from the clean water fund; and
61.21$15,000 is from the parks and trails fund.
| 61.22 |
Sec. 2.SIGNS |
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61.24Commission shall sponsor a contest
61.25for selecting the design of a logo to use on
61.26signage for projects receiving money from
61.27the outdoor heritage fund, the clean water
61.28fund, and the parks and trails fund.
61.29(b) As a condition of accepting an
61.30appropriation in this article, any agency
61.31or entity receiving an appropriation must
61.32provide a sign with the logo selected under
61.33paragraph (a) at all access points to any land
61.34or water resources that were:
62.1(1) acquired, in fee title or an interest in less
62.2than fee title, with money appropriated in
62.3this article; or
62.4(2) restored, protected, or enhanced with
62.5money appropriated in this article.
| 62.6 |
Sec. 3.25-YEAR STRATEGIC PLAN. |
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62.8committees, divisions, or councils
62.9responsible for recommending expenditures
62.10to the full legislature from the outdoor
62.11heritage fund, the clean water fund, and the
62.12parks and trails fund must develop, with
62.13broad public input, and adopt a 25-year
62.14strategic plan for the expenditures that
62.15will be recommended from the funds. The
62.16plan must include applicable outcomes
62.17for restoring, protecting, and enhancing
62.18wetlands, prairies, forests, habitat for fish and
62.19game, lakes, rivers, streams, groundwater,
62.20and supporting parks and trails. The strategic
62.21plan shall be updated on a regular basis, but
62.22no longer than every five years. The Web
62.23site established under section 1 must include
62.24a link to the plans developed under this
62.25section. The plan for restoring, protecting,
62.26and enhancing wetlands, prairies, forests,
62.27habitat for fish and game must be based
62.28on ecological sections and subsections
62.29established by the Department of Natural
62.30Resources and be based on sound science
62.31and achieve benefits across all ecological
62.32sections within the state. The plan for
62.33restoring, protecting, and enhancing lakes,
62.34rivers, streams, and groundwater must be
62.35based on watersheds and aquifers, and shall
63.1take into account existing plans, be based on
63.2sound science, and achieve benefits across
63.3all ecological sections within the state. Any
63.4recommendations for appropriations may be
63.5prioritized based on science and urgency.