Minnesota Legislature
SF 2493
1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 03/26/2012 03:39pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to state government; appropriating money from the outdoor heritage
1.3fund, clean water fund, and arts and cultural heritage fund; modifying
1.4requirements for outdoor heritage fund appropriations; providing for public
1.5grazing program; changing provisions of grant management; changing control
1.6and oversight of the film production jobs program to the commissioner of
1.7administration; modifying prior appropriations;amending Minnesota Statutes
1.82010, sections 16B.98, subdivisions 5, 7; 97A.056, by adding subdivisions;
1.9116U.26; Minnesota Statutes 2011 Supplement, section 114D.30, subdivision 4;
1.10Laws 2009, chapter 172, article 2, section 4, as amended; article 3, section 3;
1.11Laws 2011, First Special Session chapter 6, article 1, section 2, subdivision 9;
1.12article 2, section 7; article 4, section 2, subdivision 5; proposing coding for new
1.13law in Minnesota Statutes, chapter 84.
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 "2012" and "2013" used in this article mean that the appropriations listed under the
1.22figure are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively.
1.23"The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium"
1.24is fiscal years 2012 and 2013. The appropriations in this article are onetime.
2.3This appropriation is from the outdoor
2.4heritage fund. The amounts that may be
2.5spent for each purpose are specified in the
2.6following subdivisions.
2.10$2,090,000 in the second year is to the
2.11Board of Water and Soil Resources in
2.12cooperation with Pheasants Forever to
2.13acquire permanent conservation easements
2.14to enhance habitat by expanding clean water
2.15fund riparian wildlife buffers on private land.
2.16A list of proposed permanent conservation
2.17easements must be provided as part of the
2.18final report. The accomplishment plan must
2.19include an easement stewardship plan. Up
2.20to $90,000 is for establishing a monitoring
2.21and enforcement fund as approved in
2.22the accomplishment plan and subject to
2.23Minnesota Statutes, section97A.056 ,
2.24subdivision 17. An annual financial report is
2.25required for any monitoring and enforcement
2.26fund established, including expenditures
2.27from the fund and a description of annual
2.28monitoring and enforcement activities.
2.31$4,610,000 in the second year is to the
2.32commissioner of natural resources for an
2.33agreement with The Nature Conservancy to
2.34acquire native prairie and savanna and restore
2.35and enhance grasslands and savanna. A list of
3.1proposed land acquisitions must be provided
3.2as part of the required accomplishment plan.
3.3Annual income statements and balance sheets
3.4for income and expenses from land acquired
3.5with this appropriation must be submitted to
3.6the Lessard-Sams Outdoor Heritage Council
3.7no later than 180 days following the close of
3.8The Nature Conservancy's fiscal year.
3.11$1,760,000 in the second year is to the
3.12commissioner of natural resources for an
3.13agreement with The Trust for Public Land
3.14to acquire and restore lands in the Cannon
3.15River watershed for wildlife management
3.16area purposes under Minnesota Statutes,
3.17section86A.05 , subdivision 8, or aquatic
3.18management area purposes under Minnesota
3.19Statutes, sections86A.05 , subdivision
3.2014, and97C.02 . A list of proposed land
3.21acquisitions must be provided as part of the
3.22required accomplishment plan.
3.24$2,900,000 in the second year is to the
3.25commissioner of natural resources to acquire
3.26land in fee for wildlife management area
3.27purposes under Minnesota Statutes, section
3.2886A.05 , subdivision 8. A list of proposed
3.29land acquisitions must be provided as part of
3.30the required accomplishment plan.
3.33$1,580,000 in the second year is to the
3.34commissioner of natural resources for an
3.35agreement with The Nature Conservancy
4.1in cooperation with the United States Fish
4.2and Wildlife Service to acquire land in
4.3fee or permanent conservation easements
4.4within the Northern Tallgrass Prairie Habitat
4.5Preservation Area in western Minnesota for
4.6addition to the Northern Tallgrass Prairie
4.7National Wildlife Refuge. A list of proposed
4.8land acquisitions must be provided as part
4.9of the required accomplishment plan. The
4.10accomplishment plan must include an
4.11easement monitoring and enforcement plan.
4.14$3,300,000 in the second year is to the
4.15commissioner of natural resources for an
4.16agreement with Pheasants Forever to acquire
4.17land in fee for wildlife management area
4.18purposes under Minnesota Statutes, section
4.1986A.05 , subdivision 8. A list of proposed
4.20land acquisitions must be provided as part of
4.21the required accomplishment plan.
4.23$1,730,000 in the second year is to the
4.24commissioner of natural resources for
4.25an agreement with the Redwood Area
4.26Development Corporation to acquire land in
4.27fee for wildlife management area purposes
4.28under Minnesota Statutes, section86A.05 ,
4.29subdivision 8, and for aquatic management
4.30areas under Minnesota Statutes, sections
4.3186A.05 , subdivision 14, and
97C.02 . A list of
4.32proposed land acquisitions must be provided
4.33as part of the required accomplishment plan.
5.1$4,300,000 in the second year is to the
5.2commissioner of natural resources to
5.3accelerate the restoration and enhancement
5.4of wildlife management areas, scientific
5.5and natural areas, and land under native
5.6prairie bank easements. A list of proposed
5.7restorations and enhancements must
5.8be provided as part of the required
5.9accomplishment plan.
5.12$1,050,000 in the second year is to the
5.13commissioner of natural resources for
5.14agreements to restore and enhance habitat on
5.15public lands in the Anoka Sand Plain and
5.16along the Rum River as follows: $558,750 to
5.17Great River Greening; $99,400 to the Anoka
5.18Conservation District; and $391,850 to the
5.19National Wild Turkey Federation. A list
5.20of proposed restorations and enhancements
5.21must be provided as part of the required
5.22accomplishment plan.
5.24$1,320,000 in the second year is to the
5.25commissioner of natural resources for
5.26an agreement with Pheasants Forever in
5.27cooperation with the Minnesota Prairie
5.28Chicken Society to restore and enhance
5.29habitat on public lands. The criteria for
5.30selection of projects must be included in the
5.31accomplishment plan. A list of proposed
5.32restorations and enhancements must be
5.33provided as part of the final report.
6.3$480,000 in the second year is to the
6.4Board of Water and Soil Resources to
6.5acquire permanent conservation easements
6.6on land adjacent to the Nokasippi River
6.7and the boundaries of the Minnesota
6.8National Guard Army compatible use buffer
6.9(ACUB). A list of proposed land acquisitions
6.10must be provided as part of the required
6.11accomplishment plan. The accomplishment
6.12plan must include an easement stewardship
6.13plan. Up to $4,800 is for establishing
6.14a monitoring and enforcement fund as
6.15approved in the accomplishment plan and
6.16subject to Minnesota Statutes, section
6.1797A.056 , subdivision 17. An annual financial
6.18report is required for any monitoring and
6.19enforcement fund established, including
6.20expenditures from the fund and a description
6.21of annual monitoring and enforcement
6.22activities.
6.25$7,040,000 in the second year is to the
6.26commissioner of natural resources to
6.27acquire land in fee along the Mississippi
6.28River in Crow Wing County to be added
6.29to Crow Wing State Forest. Prior to the
6.30acquisition, an independent state appraisal
6.31must be conducted and the purchase price
6.32must not exceed the appraised fair market
6.33value determined by the appraisal. A land
6.34description must be provided as part of the
6.35required accomplishment plan. Development
6.36of a paved trail on land acquired under this
7.1paragraph constitutes an alteration of the
7.2intended use of the interest in real property
7.3and must be handled according to Minnesota
7.4Statutes, section97A.056 , subdivision 15.
7.5The commissioner of natural resources shall
7.6consult with the Lessard-Sams Outdoor
7.7Heritage Council when planning for any
7.8paved trail on land acquired with this
7.9appropriation, including any plans for trail
7.10alignment.
7.13$1,340,000 in the second year is to the
7.14commissioner of natural resources for
7.15an agreement with Pheasants Forever in
7.16cooperation with the Minnesota Sharp-Tailed
7.17Grouse Society to acquire and enhance
7.18lands for wildlife management area purposes
7.19under Minnesota Statutes, section86A.05 ,
7.20subdivision 8. A list of proposed land
7.21acquisitions must be provided as part of the
7.22required accomplishment plan.
7.25$480,000 in the second year is to the
7.26commissioner of natural resources for an
7.27agreement with Cass County to acquire land
7.28in fee in Cass County for forest wildlife
7.29habitat. A list of proposed land acquisitions
7.30must be provided as part of the required
7.31accomplishment plan.
7.33$960,000 in the second year is to the
7.34commissioner of natural resources for an
7.35agreement with the Minnesota Deer Hunters
8.1Association to restore and enhance public
8.2forest lands in northeastern Minnesota
8.3for moose habitat purposes. A list of
8.4proposed restorations and enhancements
8.5must be provided as part of the required
8.6accomplishment plan.
8.10$13,810,000 in the second year is to the
8.11Board of Water and Soil Resources to
8.12acquire permanent conservation easements
8.13and restore wetlands and associated upland
8.14habitat in cooperation with the United
8.15States Department of Agriculture Wetlands
8.16Reserve Program. A list of land acquisitions
8.17must be provided as part of the final report.
8.18The accomplishment plan must include
8.19an easement stewardship plan. Up to
8.20$180,000 is for establishing a monitoring
8.21and enforcement fund as approved in
8.22the accomplishment plan and subject to
8.23Minnesota Statutes, section97A.056 ,
8.24subdivision 17. An annual financial report is
8.25required for any monitoring and enforcement
8.26fund established, including expenditures
8.27from the fund and a description of annual
8.28monitoring and enforcement activities.
8.31$5,400,000 in the second year is to the
8.32commissioner of natural resources for an
8.33agreement with Pheasants Forever to acquire
8.34land in fee to be managed and designated as
8.35waterfowl production areas in Minnesota,
8.36in cooperation with the United States Fish
9.1and Wildlife Service. A list of proposed land
9.2acquisitions must be provided as part of the
9.3required accomplishment plan.
9.5$940,000 in the second year is to the
9.6commissioner of natural resources for an
9.7agreement with Anoka County to acquire
9.8land in fee for conservation purposes that
9.9connect wetlands and shallow lakes to
9.10the Lamprey Pass Wildlife Management
9.11Area. A list of proposed land acquisitions
9.12must be provided as part of the required
9.13accomplishment plan.
9.16$4,490,000 in the second year is to the
9.17commissioner of natural resources for an
9.18agreement with Ducks Unlimited to assess,
9.19restore, and enhance shallow lakes and
9.20wetlands, including technical assistance,
9.21survey, design, and engineering to develop
9.22new enhancement and restoration projects
9.23for future implementation. A list of
9.24proposed restorations and enhancements
9.25must be provided as part of the required
9.26accomplishment plan.
9.29$3,870,000 in the second year is to the
9.30commissioner of natural resources to
9.31develop engineering designs and complete
9.32construction to enhance shallow lakes and
9.33wetlands. A list of proposed restorations and
9.34enhancements must be provided as part of
9.35the required accomplishment plan. Work
10.1must be completed within three years of the
10.2effective date of this article.
10.4$2,630,000 in the second year is to the
10.5commissioner of natural resources to
10.6complete design and construction to modify
10.7the dam at Marsh Lake and return the historic
10.8outlet of the Pomme de Terre River to Lac
10.9Qui Parle.
10.12 $3,480,000 in the second year is to the
10.13commissioner of natural resources to
10.14acquire interests in land in fee or permanent
10.15conservation easements for aquatic
10.16management areas under Minnesota Statutes,
10.17sections86A.05 , subdivision 14, and
10.1897C.02 , and to restore and enhance aquatic
10.19habitat. A list of proposed land acquisitions
10.20must be provided as part of the required
10.21accomplishment plan. The accomplishment
10.22plan must include an easement stewardship
10.23plan. Up to $25,000 is for establishing
10.24a monitoring and enforcement fund as
10.25approved in the accomplishment plan and
10.26subject to Minnesota Statutes, section
10.2797A.056 , subdivision 17. An annual financial
10.28report is required for any monitoring and
10.29enforcement fund established, including
10.30expenditures from the fund and a description
10.31of annual monitoring and enforcement
10.32activities.
11.1$3,680,000 in the second year is to the
11.2commissioner of natural resources for
11.3agreements to acquire interests in land in
11.4fee or permanent conservation easements
11.5and to restore and enhance natural systems
11.6associated with the Mississippi, Minnesota,
11.7and St. Croix Rivers as follows: $1,000,000
11.8to the Minnesota Valley National Wildlife
11.9Refuge Trust, Inc.; $375,000 to the Friends
11.10of the Mississippi; $375,000 to Great River
11.11Greening; $930,000 to The Minnesota
11.12Land Trust; and $1,000,000 to The Trust
11.13for Public Land. A list of proposed
11.14acquisitions, restorations, and enhancements
11.15must be provided as part of the required
11.16accomplishment plan. The accomplishment
11.17plan must include an easement stewardship
11.18plan. Up to $51,000 is for establishing
11.19a monitoring and enforcement fund as
11.20approved in the accomplishment plan and
11.21subject to Minnesota Statutes, section
11.2297A.056 , subdivision 17. An annual financial
11.23report is required for any monitoring and
11.24enforcement fund established, including
11.25expenditures from the fund and a description
11.26of annual monitoring and enforcement
11.27activities.
11.30$480,000 in the second year is to the
11.31commissioner of natural resources for an
11.32agreement with Dakota County to acquire
11.33permanent conservation easements and
11.34restore and enhance habitats along the
11.35Mississippi, Cannon, and Vermillion Rivers.
11.36A list of proposed acquisitions, restorations,
12.1and enhancements must be provided as
12.2part of the required accomplishment plan.
12.3The accomplishment plan must include
12.4an easement stewardship plan. Up to
12.5$20,000 is for establishing a monitoring
12.6and enforcement fund as approved in
12.7the accomplishment plan and subject to
12.8Minnesota Statutes, section97A.056 ,
12.9subdivision 17. An annual financial report is
12.10required for any monitoring and enforcement
12.11fund established, including expenditures
12.12from the fund and a description of annual
12.13monitoring and enforcement activities.
12.15$3,670,000 in the second year is to the
12.16commissioner of natural resources to restore
12.17habitat in the lower St. Louis River estuary.
12.18A list of proposed projects must be provided
12.19as part of the required accomplishment plan.
12.22$2,120,000 in the second year is to the
12.23commissioner of natural resources for an
12.24agreement with Minnesota Trout Unlimited
12.25to restore and enhance coldwater fish lake,
12.26river, and stream habitats in Minnesota. A list
12.27of proposed restorations and enhancements
12.28must be provided as part of the required
12.29accomplishment plan.
12.31$2,320,000 in the second year is to the
12.32commissioner of natural resources for an
12.33agreement with the Red Lake Watershed
12.34District to restore and enhance stream and
12.35related habitat in Grand Marais Creek. A list
13.1of proposed restorations and enhancements
13.2must be provided as part of the required
13.3accomplishment plan.
13.5$380,000 in the second year is to the
13.6commissioner of natural resources for an
13.7agreement with the Lake Superior Steelhead
13.8Association to restore trout habitat in the
13.9Upper Knife River Watershed. A list of
13.10proposed restorations must be provided as
13.11part of the required accomplishment plan.
13.13$7,500,000 in the second year is to the
13.14commissioner of natural resources to design,
13.15construct, operate, and evaluate structural
13.16deterrents and electric fish barriers for Asian
13.17carp to protect Minnesota's aquatic habitat
13.18from Asian carp on the Mississippi River.
13.19Use of this money requires a one-to-one
13.20match for projects on state boundary waters.
13.23$2,200,000 in the second year is to the Board
13.24of Regents of the University of Minnesota
13.25for research on aquatic invasive species that
13.26threaten or have the potential to threaten
13.27the state's lakes, rivers, streams, wetlands,
13.28and other aquatic habitats for fish, game,
13.29and wildlife. This appropriation is added to
13.30the appropriation in article 2, section 4, for
13.31the purposes specified in that section and is
13.32available until June 30, 2018.
14.1$300,000 in the second year is to the
14.2commissioner of natural resources for
14.3grants to local units of government and lake
14.4associations for aquatic habitat restoration.
14.7$4,990,000 in the second year is to the
14.8commissioner of natural resources for a
14.9program to provide competitive, matching
14.10grants of up to $400,000 to local, regional,
14.11state, and national organizations for
14.12enhancing, restoring, or protecting forests,
14.13wetlands, prairies, and habitat for fish, game,
14.14or wildlife in Minnesota. Grants shall not
14.15be made for activities required to fulfill
14.16the duties of owners of lands subject to
14.17conservation easements. Grants shall not be
14.18made from appropriations in this paragraph
14.19for projects that have a total project cost
14.20exceeding $575,000. $366,000 of this
14.21appropriation may be spent for personnel
14.22costs and other direct and necessary
14.23administrative costs. Grantees may acquire
14.24land or interests in land. Easements must be
14.25permanent. Land acquired in fee must be
14.26open to hunting and fishing during the open
14.27season unless otherwise provided by state
14.28law. The program shall require a match of
14.29at least ten percent from nonstate sources
14.30for all grants. The match may be cash or
14.31in-kind resources. For grant applications
14.32of $25,000 or less, the commissioner shall
14.33provide a separate, simplified application
14.34process. Subject to Minnesota Statutes, the
14.35commissioner of natural resources shall,
14.36when evaluating projects of equal value,
15.1give priority to organizations that have a
15.2history of receiving or charter to receive
15.3private contributions for local conservation
15.4or habitat projects. If acquiring land or a
15.5conservation easement, priority shall be
15.6given to projects associated with existing
15.7wildlife management areas under Minnesota
15.8Statutes, section86A.05 , subdivision 8;
15.9scientific and natural areas under Minnesota
15.10Statutes, sections84.033 and 86A.05,
15.11subdivision 5; and aquatic management areas
15.12under Minnesota Statutes, sections86A.05 ,
15.13subdivision 14, and97C.02 . All restoration
15.14or enhancement projects must be on land
15.15permanently protected by a conservation
15.16easement or public ownership or in public
15.17waters as defined in Minnesota Statutes,
15.18section103G.005 , subdivision 15. Priority
15.19shall be given to restoration and enhancement
15.20projects on public lands. Minnesota Statutes,
15.21section97A.056 , subdivision 13, applies
15.22to grants awarded under this paragraph.
15.23This appropriation is available until June
15.2430, 2016. No less than five percent of the
15.25amount of each grant must be held back from
15.26reimbursement until the grant recipient has
15.27completed a grant accomplishment report by
15.28the deadline and in the form prescribed by
15.29and satisfactory to the Lessard-Sams Outdoor
15.30Heritage Council. The commissioner shall
15.31provide notice of the grant program in
15.32the game and fish law summaries that are
15.33prepared under Minnesota Statutes, section
15.3497A.051 , subdivision 2.
16.1$175,000 in the second year is to the
16.2commissioner of natural resources for
16.3contract management duties assigned in this
16.4section. The commissioner shall provide a
16.5work program in the form specified by the
16.6Lessard-Sams Outdoor Heritage Council
16.7on the expenditure of this appropriation.
16.8No money may be expended prior to
16.9Lessard-Sams Outdoor Heritage Council
16.10approval of the work program.
16.12$45,000 in the second year is to the
16.13commissioner of natural resources for a
16.14technical evaluation panel to conduct up to
16.15ten restoration evaluations under Minnesota
16.16Statutes, section97A.056 , subdivision 10.
16.18Money appropriated in this section may
16.19not be spent on activities unless they are
16.20directly related to and necessary for a
16.21specific appropriation and are specified in
16.22the accomplishment plan approved by the
16.23Lessard-Sams Outdoor Heritage Council.
16.24Money appropriated in this section must not
16.25be spent on indirect costs or other institutional
16.26overhead charges that are not directly related
16.27to and necessary for a specific appropriation.
16.28Unless otherwise provided, the amounts
16.29in this section are available until June 30,
16.302015, when projects must be completed and
16.31final accomplishments reported. Funds for
16.32restoration or enhancement are available
16.33until June 30, 2017, or four years after
16.34acquisition, whichever is later, in order to
16.35complete initial restoration or enhancement
17.1work. If a project receives federal funds,
17.2the time period of the appropriation is
17.3extended to equal the availability of federal
17.4funding. Funds appropriated for fee title
17.5acquisition of land may be used to restore,
17.6enhance, and provide for public use of the
17.7land acquired with the appropriation. Public
17.8use facilities must have a minimal impact
17.9on habitat in acquired lands. If the purchase
17.10price for a fee title acquisition funded with
17.11an appropriation in this article falls below
17.12the estimated purchase price contained in
17.13the approved accomplishment plan and no
17.14other acquisitions are listed in the approved
17.15accomplishment plan, the difference between
17.16the purchase price and the estimated purchase
17.17price is canceled and returned to the outdoor
17.18heritage fund.
17.21All agreements referred to in this section must
17.22be administered on a reimbursement basis
17.23unless otherwise provided in this section.
17.24Notwithstanding Minnesota Statutes, section
17.2516A.41 , expenditures directly related to each
17.26appropriation's purpose made on or after July
17.271, 2012, or the date of accomplishment plan
17.28approval, whichever is later, are eligible for
17.29reimbursement unless otherwise provided in
17.30this section. Periodic reimbursement must
17.31be made upon receiving documentation that
17.32the items articulated in the accomplishment
17.33plan approved by the Lessard-Sams Outdoor
17.34Heritage Council have been achieved,
17.35including partial achievements as evidenced
17.36by progress reports approved by the
18.1Lessard-Sams Outdoor Heritage Council.
18.2Reasonable amounts may be advanced to
18.3projects to accommodate cash flow needs,
18.4support future management of acquired
18.5lands, or match a federal share. The
18.6advances must be approved as part of the
18.7accomplishment plan. Capital equipment
18.8expenditures for specific items in excess of
18.9$10,000 must be itemized in and approved as
18.10part of the accomplishment plan.
18.11 Sec. 3. [84.972] PRAIRIE AND GRASSLANDS PUBLIC GRAZING PROGRAM.
18.12The commissioner of natural resources shall establish a prairie and grasslands public
18.13grazing program. The commissioner shall enter into cooperative farming agreements
18.14or lease agreements with livestock owners to annually graze prairie and grasslands
18.15administered by the commissioner where grazing will enhance wildlife habitat, including
18.16management of invasive species. The commissioner shall establish a target of at least
18.1750,000 acres of prairie and grasslands to be enrolled in the prairie and grasslands public
18.18grazing program. The commissioner shall maintain a list of lands grazed under the
18.19program describing the location, acreage, and years grazed. The program shall have a goal
18.20of being financially self-sufficient. Unless otherwise provided by law, revenues received
18.21under this section shall be deposited in the game and fish fund and are appropriated to the
18.22commissioner for purposes of the program.
18.23 Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
18.24to read:
18.25 Subd. 12. Accomplishment plans. It is a condition of acceptance of money
18.26appropriated from the outdoor heritage fund that the agency or entity using the
18.27appropriation submits an accomplishment plan and periodic accomplishment reports
18.28to the Lessard-Sams Outdoor Heritage Council in the form determined by the council.
18.29The accomplishment plan must identify the project manager responsible for expending
18.30the appropriation and the final product. The accomplishment plan must account for
18.31the use of the appropriation and outcomes of the expenditure in measures of wetlands,
18.32prairies, forests, and fish, game, and wildlife habitat restored, protected, and enhanced.
18.33The plan must include an evaluation of results. If lands are acquired by fee with money
18.34from the outdoor heritage fund, the accomplishment plan must include a hunting and
19.1fishing management plan for the lands acquired by fee. No money appropriated from the
19.2outdoor heritage fund may be expended unless the council has approved the pertinent
19.3accomplishment plan.
19.4 Sec. 5. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
19.5to read:
19.6 Subd. 13. Project requirements. (a) As a condition of accepting money
19.7appropriated from the outdoor heritage fund, an agency or entity receiving money from
19.8an appropriation must comply with this subdivision for any project funded in whole or
19.9in part with funds from the appropriation.
19.10(b) All conservation easements acquired with money appropriated from the outdoor
19.11heritage fund must:
19.12(1) be permanent;
19.13(2) specify the parties to the easement;
19.14(3) specify all of the provisions of an agreement that are permanent;
19.15(4) specify the habitat types and location being protected;
19.16(5) where appropriate for conservation or water protection outcomes, require the
19.17grantor to employ practices retaining water on the eased land as long as practicable;
19.18(6) specify the responsibilities of the parties for habitat enhancement and restoration
19.19and the associated costs of these activities;
19.20(7) be sent to the office of the Lessard-Sams Outdoor Heritage Council;
19.21(8) include a long-term stewardship plan and identify the sources and amount of
19.22funding for monitoring and enforcing the easement agreement; and
19.23(9) identify the parties responsible for monitoring and enforcing the easement
19.24agreement.
19.25(c) For all restorations, a recipient must prepare and retain an ecological restoration
19.26and management plan that, to the degree practicable, is consistent with current
19.27conservation science and ecological goals for the restoration site. Consideration should
19.28be given to soil, geology, topography, and other relevant factors that would provide the
19.29best chance for long-term success and durability of the restoration. The plan must include
19.30the proposed timetable for implementing the restoration, including, but not limited to,
19.31site preparation, establishment of diverse plant species, maintenance, and additional
19.32enhancement to establish the restoration; identify long-term maintenance and management
19.33needs of the restoration and how the maintenance, management, and enhancement will be
19.34financed; and use current conservation science to achieve the best restoration.
20.1(d) For new lands acquired, a recipient must prepare a restoration and management
20.2plan in compliance with paragraph (c), including identification of sufficient funding for
20.3implementation.
20.4(e) To ensure public accountability for the use of public funds, a recipient must
20.5provide to the Lessard-Sams Outdoor Heritage Council documentation of the process used
20.6to select parcels acquired in fee or as permanent conservation easements and must provide
20.7the council with documentation of all related transaction costs, including, but not limited
20.8to, appraisals, legal fees, recording fees, commissions, other similar costs, and donations.
20.9This information must be provided for all parties involved in the transaction. The recipient
20.10must also report to the Lessard-Sams Outdoor Heritage Council any difference between
20.11the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal,
20.12if a state-certified or state-reviewed appraisal was conducted. Acquisition data such as
20.13appraisals may remain private during negotiations but must ultimately be made public
20.14according to chapter 13.
20.15(f) Except as otherwise provided in the appropriation, all restoration and
20.16enhancement projects funded with money appropriated from the outdoor heritage fund
20.17must be on land permanently protected by a conservation easement or public ownership or
20.18in public waters as defined in section103G.005 , subdivision 15.
20.19(g) To the extent an appropriation is used to acquire an interest in real property,
20.20a recipient of an appropriation from the outdoor heritage fund must provide to the
20.21Lessard-Sams Outdoor Heritage Council and the commissioner of management and
20.22budget an analysis of increased operation and maintenance costs likely to be incurred by
20.23public entities as a result of the acquisition and of how the costs are to be paid.
20.24(h) A recipient of money appropriated from the outdoor heritage fund must give
20.25consideration to Conservation Corps Minnesota for possible use of the corps' services to
20.26contract for restoration and enhancement services.
20.27(i) A recipient of money appropriated from the outdoor heritage fund must erect
20.28signage according to Laws 2009, chapter 172, article 5, section 10.
20.29 Sec. 6. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
20.30to read:
20.31 Subd. 14. Purchase of recycled and recyclable materials. A political subdivision,
20.32public or private corporation, or other entity that receives money appropriated from the
20.33outdoor heritage fund must use the money in compliance with sections16B.121 , regarding
20.34purchase of recycled, repairable, and durable materials, and16B.122 , regarding purchase
20.35and use of paper stock and printing.
21.1 Sec. 7. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
21.2to read:
21.3 Subd. 15. Land acquisition restrictions. (a) An interest in real property, including,
21.4but not limited to, an easement or fee title, that is acquired with money appropriated
21.5from the outdoor heritage fund must be used in perpetuity or for the specific term of an
21.6easement interest for the purpose for which the appropriation was made. The ownership
21.7of the interest in real property transfers to the state if: (1) the holder of the interest in
21.8real property fails to comply with the terms and conditions of the grant agreement or
21.9accomplishment plan; or (2) restrictions are placed on the land that preclude its use for the
21.10intended purpose as specified in the appropriation.
21.11(b) A recipient of funding that acquires an interest in real property subject to this
21.12subdivision may not alter the intended use of the interest in real property or convey any
21.13interest in the real property acquired with the appropriation without the prior review and
21.14approval of the Lessard-Sams Outdoor Heritage Council or its successor. The council
21.15shall notify the chairs and ranking minority members of the legislative committees and
21.16divisions with jurisdiction over the outdoor heritage fund at least 15 business days before
21.17approval under this paragraph. The council shall establish procedures to review requests
21.18from recipients to alter the use of or convey an interest in real property. These procedures
21.19shall allow for the replacement of the interest in real property with another interest in real
21.20property meeting the following criteria:
21.21(1) the interest must be at least equal in fair market value, as certified by the
21.22commissioner of natural resources, to the interest being replaced; and
21.23(2) the interest must be in a reasonably equivalent location and have a reasonably
21.24equivalent useful conservation purpose compared to the interest being replaced, taking
21.25into consideration all effects from fragmentation of the whole habitat.
21.26(c) A recipient of funding who acquires an interest in real property under paragraph
21.27(a) must separately record a notice of funding restrictions in the appropriate local
21.28government office where the conveyance of the interest in real property is filed. The
21.29notice of funding agreement must contain:
21.30(1) a legal description of the interest in real property covered by the funding
21.31agreement;
21.32(2) a reference to the underlying funding agreement;
21.33(3) a reference to this section; and
21.34(4) the following statement: "This interest in real property shall be administered in
21.35accordance with the terms, conditions, and purposes of the grant agreement controlling the
21.36acquisition of the property. The interest in real property, or any portion of the interest in
22.1real property, shall not be sold, transferred, pledged, or otherwise disposed of or further
22.2encumbered without obtaining the prior written approval of the Lessard-Sams Outdoor
22.3Heritage Council or its successor. The ownership of the interest in real property transfers to
22.4the state if: (1) the holder of the interest in real property fails to comply with the terms and
22.5conditions of the grant agreement or accomplishment plan; or (2) restrictions are placed
22.6on the land that preclude its use for the intended purpose as specified in the appropriation."
22.7 Sec. 8. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
22.8to read:
22.9 Subd. 16. Real property interest report. (a) By December 1 each year, a recipient
22.10of money appropriated from the outdoor heritage fund that is used for the acquisition of an
22.11interest in real property, including, but not limited to, an easement or fee title, must submit
22.12annual reports on the status of the real property to the Lessard-Sams Outdoor Heritage
22.13Council or its successor in a form determined by the council. If lands are acquired by fee
22.14with money from the outdoor heritage fund, the real property interest report must include
22.15a verification of the status of the hunting and fishing management plan for the lands
22.16acquired by fee. The responsibility for reporting under this subdivision may be transferred
22.17by the recipient of the appropriation to another person or entity that holds the interest in
22.18the real property. To complete the transfer of reporting responsibility, the recipient of
22.19the appropriation must:
22.20(1) inform the person to whom the responsibility is transferred of that person's
22.21reporting responsibility;
22.22(2) inform the person to whom the responsibility is transferred of the property
22.23restrictions under subdivision 15; and
22.24(3) provide written notice to the council of the transfer of reporting responsibility,
22.25including contact information for the person to whom the responsibility is transferred.
22.26(b) After the transfer, the person or entity that holds the interest in the real property
22.27is responsible for reporting requirements under this subdivision.
22.28 Sec. 9. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
22.29to read:
22.30 Subd. 17. Easement monitoring and enforcement requirements. Money
22.31appropriated from the outdoor heritage fund for easement monitoring and enforcement
22.32may be spent only on activities included in an easement monitoring and enforcement
22.33plan contained within the accomplishment plan. Money received for monitoring and
22.34enforcement, including earnings on the money received, shall be kept in a monitoring
23.1and enforcement fund held by the organization and is appropriated for monitoring and
23.2enforcing conservation easements in the state. Within 120 days after the close of the
23.3entity's fiscal year, an entity receiving appropriations for easement monitoring and
23.4enforcement must provide an annual financial report to the Lessard-Sams Outdoor
23.5Heritage Council on the easement monitoring and enforcement fund as specified in the
23.6accomplishment plan. Money appropriated from the outdoor heritage fund for monitoring
23.7and enforcement of easements and earnings on the money appropriated shall revert
23.8to the state if:
23.9(1) the easement transfers to the state under subdivision 15;
23.10(2) the holder of the easement fails to file an annual report and then fails to cure that
23.11default within 30 days of notification of the default by the state; or
23.12(3) the holder of the easement fails to comply with the terms of the monitoring and
23.13enforcement plan contained within the accomplishment plan and fails to cure that default
23.14within 90 days of notification of the default by the state.
23.15 Sec. 10. Minnesota Statutes 2010, section 97A.056, is amended by adding a
23.16subdivision to read:
23.17 Subd. 18. Successor organizations. The Lessard-Sams Outdoor Heritage Council
23.18may approve the continuation of a project with an organization that has adopted a new
23.19name. Continuation of a project with an organization that has undergone a significant
23.20change in mission, structure, or purpose requires:
23.21(1) notice to the chairs of the legislative committees and divisions with jurisdiction
23.22over the outdoor heritage fund; and
23.23(2) presentation by the council of proposed legislation either ratifying or rejecting
23.24continued involvement with the new organization.
23.25 Sec. 11. Minnesota Statutes 2010, section 97A.056, is amended by adding a
23.26subdivision to read:
23.27 Subd. 19. Fee title acquisitions; open to taking fish and game. (a) Lands acquired
23.28by fee with money appropriated from the outdoor heritage fund that are held by the
23.29state must be open to the public taking of fish and game during the open season, unless
23.30otherwise provided by state law.
23.31(b) Lands acquired by fee with money appropriated from the outdoor heritage fund
23.32that are held by the United States Fish and Wildlife Service must be open to the public
23.33taking of fish and game during the open season according to the National Wildlife Refuge
23.34System Improvement Act, United States Code, title 16, section 668dd, et seq.
24.1(c) Except as provided in paragraph (b), lands acquired by fee with money
24.2appropriated from the outdoor heritage fund that are held by a nonstate entity must be open
24.3to the public taking of fish and game during the open season, unless otherwise prescribed
24.4by the commissioner of natural resources.
24.5EFFECTIVE DATE.This section is effective retroactively to July 1, 2009.
24.6 Sec. 12. Minnesota Statutes 2010, section 97A.056, is amended by adding a
24.7subdivision to read:
24.8 Subd. 20. Pasture land. (a) For the purposes of this subdivision, "pasture" means
24.9any prairie or grassland that had been actively grazed anytime during the ten-year period
24.10prior to acquisition and that is acquired in fee for wildlife management area purposes
24.11under section 86A.05, subdivision 8.
24.12(b) A recipient of money appropriated from the outdoor heritage fund that is used
24.13to acquire, in fee, more than 20 acres of pasture, as defined in paragraph (a), or other
24.14existing or restored prairie or grassland where grazing will be used as a wildlife habitat
24.15management tool shall:
24.16(1) maintain any existing fencing on the land consistent with a grazing management
24.17program;
24.18(2) install new perimeter fencing using funds from the outdoor heritage fund
24.19appropriation, unless perimeter fencing capable of containing livestock for grazing is
24.20already present; and
24.21(3) enter into an agreement or agreements with a livestock owner or owners to
24.22provide sufficient grazing of the pasture to enhance wildlife habitat, including management
24.23of invasive species.
24.24(c) The commissioner must annually report the location, acreage, and years grazed
24.25for land subject to this subdivision.
24.26 Sec. 13. Laws 2011, First Special Session chapter 6, article 1, section 2, subdivision 9,
24.27is amended to read:
24.29(a) As a condition of accepting an
24.30appropriation made under this section, an
24.31agency or entity receiving an appropriation
24.32must comply with this subdivision for any
25.1project funded in whole or in part with funds
25.2from the appropriation.
25.3(b) All conservation easements acquired with
25.4money appropriated under this section must:
25.5(1) be permanent; (2) specify the parties to
25.6the easement; (3) specify all of the provisions
25.7of an agreement that are permanent; (4)
25.8specify the habitat types and location
25.9being protected; (5) where appropriate for
25.10conservation or water protection outcomes,
25.11require the grantor to employ practices
25.12retaining water on the eased land as long as
25.13practicable; (6) specify the responsibilities
25.14of the parties for habitat enhancement and
25.15restoration and the associated costs of these
25.16activities; (7) be sent to the office of the
25.17Lessard-Sams Outdoor Heritage Council; (8)
25.18include a long-term stewardship plan and
25.19identify the sources and amount of funding
25.20for monitoring and enforcing the easement
25.21agreement; and (9) identify the parties
25.22responsible for monitoring and enforcing the
25.23easement agreement.
25.24(c) For all restorations, a recipient must
25.25prepare and retain an ecological restoration
25.26and management plan that, to the degree
25.27practicable, is consistent with current
25.28conservation science and ecological goals
25.29for the restoration site. Consideration should
25.30be given to soil, geology, topography, and
25.31other relevant factors that would provide
25.32the best chance for long-term success and
25.33durability of the restoration projects. The
25.34plan must include the proposed timetable for
25.35implementing the restoration, including, but
25.36not limited to, site preparation, establishment
26.1of diverse plant species, maintenance, and
26.2additional enhancement to establish the
26.3restoration; identify long-term maintenance
26.4and management needs of the restoration
26.5and how the maintenance, management,
26.6and enhancement will be financed; and use
26.7current conservation science to achieve the
26.8best restoration.
26.9(d) For new lands acquired, a recipient
26.10must prepare a restoration and management
26.11plan in compliance with paragraph (c),
26.12including identification of sufficient funding
26.13for implementation.
26.14(e) To ensure public accountability for the
26.15use of public funds, a recipient must provide
26.16to the Lessard-Sams Outdoor Heritage
26.17Council documentation of the process
26.18used to select parcels acquired in fee or as
26.19permanent conservation easements and must
26.20provide the council with documentation
26.21of all related transaction costs, including,
26.22but not limited to, appraisals, legal fees,
26.23recording fees, commissions, other similar
26.24costs, and donations. This information
26.25must be provided for all parties involved
26.26in the transaction. The recipient must
26.27also report to the Lessard-Sams Outdoor
26.28Heritage Council any difference between the
26.29acquisition amount paid to the seller and the
26.30state-certified or state-reviewed appraisal, if
26.31a state-certified or state-reviewed appraisal
26.32was conducted. Acquisition data such
26.33as appraisals may remain private during
26.34negotiations but must ultimately be made
26.35public according to Minnesota Statutes,
26.36chapter 13.
27.1(f) Except as otherwise provided in this
27.2section, all restoration and enhancement
27.3projects funded with money appropriated
27.4under this section must be on land
27.5permanently protected by a conservation
27.6easement or public ownership or in public
27.7waters as defined in Minnesota Statutes,
27.8section103G.005, subdivision 15 .
27.9(g) To the extent an appropriation is used to
27.10acquire an interest in real property, a recipient
27.11of an appropriation under this section must
27.12provide to the Lessard-Sams Outdoor
27.13Heritage Council and the commissioner
27.14of management and budget an analysis of
27.15increased operations and maintenance costs
27.16likely to be incurred by public entities as
27.17a result of the acquisition and of how these
27.18costs are to be paid.
27.19(h) A recipient of money from an
27.20appropriation under this section must give
27.21consideration toand make timely written
27.22contact with Conservation Corps Minnesota
27.23for possible use of the corps' services to
27.24contract for restoration and enhancement
27.25services.A copy of the written contact
27.26must be filed with the Lessard-Sams
27.27Outdoor Heritage Council within 15 days of
27.28execution.
27.29(i) A recipient of money under this section
27.30must erect signage according to Laws 2009,
27.31chapter 172, article 5, section 10.
27.32 Sec. 14. LEGACY FUNDING REQUIREMENTS APPLY.
27.33Each direct recipient of money appropriated in this article, as well as each
27.34recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
28.1requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
28.2Special Session chapter 6, article 5.
28.5 Section 1. Minnesota Statutes 2011 Supplement, section 114D.30, subdivision 4, is
28.6amended to read:
28.7 Subd. 4. Terms; compensation; removal. The terms of members representing the
28.8state agencies and the Metropolitan Council are four years and are coterminous with the
28.9governor. The terms of other nonlegislative members of the council shall be as provided
28.10in section15.059 , subdivision 2. Members may serve until their successors are appointed
28.11and qualify. Compensation and removal of nonlegislative council members is as provided
28.12in section15.059 , subdivisions 3 and 4. Compensation of legislative members is as
28.13determined by the appointing authority. The Pollution Control Agency may reimburse
28.14legislative members for expenses. A vacancy on the council may be filled by the
28.15appointing authority provided in subdivision 1 for the remainder of the unexpired term.
28.16 Sec. 2. Laws 2009, chapter 172, article 2, section 4, as amended by Laws 2010, chapter
28.17361, article 2, section 2, and Laws 2011, First Special Session chapter 6, article 2, section
28.1823, is amended to read:
28.20(a) $9,000,000 the first year and $9,000,000
28.21the second year are to develop total
28.22maximum daily load (TMDL) studies and
28.23TMDL implementation plans for waters
28.24listed on the United States Environmental
28.25Protection Agency approved impaired
28.26waters list in accordance with Minnesota
28.27Statutes, chapter 114D. The agency shall
28.28complete an average of ten percent of the
28.29TMDLs each year over the biennium. Of
28.30this amount, $348,000 the first year is to
28.31retest the comprehensive assessment of the
28.32biological conditions of the lower Minnesota
28.33River and its tributaries within the Lower
29.1Minnesota River Major Watershed, as
29.2previously assessed from 1976 to 1992 under
29.3the Minnesota River Assessment Project
29.4(MRAP). The assessment must include the
29.5same fish species sampling at the same 116
29.6locations and the same macroinvertebrate
29.7sampling at the same 41 locations as the
29.8MRAP assessment. The assessment must:
29.9(1) include an analysis of the findings; and
29.10(2) identify factors that limit aquatic life in
29.11the Minnesota River.
29.12Of this amount, $250,000 the first year is
29.13for a pilot project for the development of
29.14total maximum daily load (TMDL) studies
29.15conducted on a watershed basis within
29.16the Buffalo River watershed in order to
29.17protect, enhance, and restore water quality
29.18in lakes, rivers, and streams. The pilot
29.19project shall include all necessary field
29.20work to develop TMDL studies for all
29.21impaired subwatersheds within the Buffalo
29.22River watershed and provide information
29.23necessary to complete reports for most of the
29.24remaining watersheds, including analysis of
29.25water quality data, identification of sources
29.26of water quality degradation and stressors,
29.27load allocation development, development
29.28of reports that provide protection plans
29.29for subwatersheds that meet water quality
29.30standards, and development of reports that
29.31provide information necessary to complete
29.32TMDL studies for subwatersheds that do not
29.33meet water quality standards, but are not
29.34listed as impaired.
30.1(b) $500,000 the first year is for development
30.2of an enhanced TMDL database to manage
30.3and track progress. Of this amount, $63,000
30.4the first year is to promulgate rules. By
30.5November 1, 2010, the commissioner shall
30.6submit a report to the chairs of the house of
30.7representatives and senate committees with
30.8jurisdiction over environment and natural
30.9resources finance on the outcomes achieved
30.10with this appropriation.
30.11(c) $1,500,000 the first year and $3,169,000
30.12the second year are for grants under
30.13Minnesota Statutes, section116.195 , to
30.14political subdivisions for up to 50 percent of
30.15the costs to predesign, design, and implement
30.16capital projects that use storm water or
30.17treated municipal wastewater instead of
30.18groundwater from drinking water aquifers,
30.19in order to demonstrate the beneficial use
30.20of wastewater or storm water, including
30.21the conservation and protection of water
30.22resources. Notwithstanding Minnesota
30.23Statutes, section 116.195, of this amount,
30.24$1,000,000 the first year is for grants to
30.25ethanol plants that are within one and
30.26one-half miles of a city forimprovements
30.27that use storm water or reuse greater than
30.28300,000 gallons of wastewater per day. 80
30.29percent of the costs to predesign, design,
30.30and implement capital improvements that
30.31use storm water, reuse greater than 300,000
30.32gallons of wastewater per day, or use
30.33innovative technology that utilizes effluent
30.34from a commercial water-treatment system
30.35in order to reduce the use of groundwater.
30.36A grant awarded under this paragraph shall
31.1not be used to directly address existing or
31.2projected deficiencies in performance in
31.3order to meet state or federal environmental
31.4regulatory requirements. This appropriation
31.5is available until June 30, 2016.
31.6(d) $1,125,000 the first year and $1,125,000
31.7the second year are for groundwater
31.8assessment and drinking water protection to
31.9include:
31.10(1) the installation and sampling of at least
31.1130 new monitoring wells;
31.12(2) the analysis of samples from at least 40
31.13shallow monitoring wells each year for the
31.14presence of endocrine disrupting compounds;
31.15and
31.16(3) the completion of at least four to
31.17five groundwater models for TMDL and
31.18watershed plans.
31.19(e) $2,500,000 the first year is for the clean
31.20water partnership program. Priority shall be
31.21given to projects preventing impairments and
31.22degradation of lakes, rivers, streams, and
31.23groundwater in accordance with Minnesota
31.24Statutes, section114D.20, subdivision 2 ,
31.25clause (4). Any balance remaining in the first
31.26year does not cancel and is available for the
31.27second year.
31.28(f) $896,000 the first year is to establish
31.29a network of water monitoring sites, to
31.30include at least 20 additional sites, in public
31.31waters adjacent to wastewater treatment
31.32facilities across the state to assess levels of
31.33endocrine-disrupting compounds, antibiotic
31.34compounds, and pharmaceuticals as required
32.1in this article. The data must be placed on
32.2the agency's Web site.
32.3(g) $155,000 the first year is to provide
32.4notification of the potential for coal tar
32.5contamination, establish a storm water
32.6pond inventory schedule, and develop best
32.7management practices for treating and
32.8cleaning up contaminated sediments as
32.9required in this article. $490,000 the second
32.10year is to provide grants to local units of
32.11government for up to 50 percent of the costs
32.12to implement best management practices to
32.13treat or clean up contaminated sediments
32.14in storm water ponds and other waters as
32.15defined under this article. Local governments
32.16must have adopted an ordinance for the
32.17restricted use of undiluted coal tar sealants
32.18in order to be eligible for a grant, unless a
32.19statewide restriction has been implemented.
32.20A grant awarded under this paragraph must
32.21not exceed $100,000. Up to $145,000 of the
32.22appropriation in the second year may be used
32.23to complete work required under section 28,
32.24paragraph (c).
32.25(h) $350,000 the first year and $600,000 the
32.26second year are for a restoration project in
32.27the lower St. Louis River and Duluth harbor
32.28in order to improve water quality. This
32.29appropriation must be matched by nonstate
32.30money at a rate of at least $2 for every $1 of
32.31state money.
32.32(i) $150,000 the first year and $196,000 the
32.33second year are for grants to the Red River
32.34Watershed Management Board to enhance
32.35and expand existing river watch activities in
33.1the Red River of the North. The Red River
33.2Watershed Management Board shall provide
33.3a report that includes formal evaluation
33.4results from the river watch program to the
33.5commissioners of education and the Pollution
33.6Control Agency and to the legislative natural
33.7resources finance and policy committees
33.8and K-12 finance and policy committees by
33.9February 15, 2011.
33.10(j) $200,000 the first year and $300,000 the
33.11second year are for coordination with the
33.12state of Wisconsin and the National Park
33.13Service on comprehensive water monitoring
33.14and phosphorus reduction activities in the
33.15Lake St. Croix portion of the St. Croix
33.16River. The Pollution Control Agency
33.17shall work with the St. Croix Basin Water
33.18Resources Planning Team and the St. Croix
33.19River Association in implementing the
33.20water monitoring and phosphorus reduction
33.21activities. This appropriation is available
33.22to the extent matched by nonstate sources.
33.23Money not matched by November 15, 2010,
33.24cancels for this purpose and is available for
33.25the purposes of paragraph (a).
33.26(k) $7,500,000 the first year and $7,500,000
33.27the second year are for completion of 20
33.28percent of the needed statewide assessments
33.29of surface water quality and trends. Of this
33.30amount, $175,000 the first year and $200,000
33.31the second year are for monitoring and
33.32analyzing endocrine disruptors in surface
33.33waters.
33.34(l) $100,000 the first year and $150,000
33.35the second year are for civic engagement
34.1in TMDL development. The agency shall
34.2develop a plan for expenditures under
34.3this paragraph. The agency shall give
34.4consideration to civic engagement proposals
34.5from basin or sub-basin organizations,
34.6including the Mississippi Headwaters Board,
34.7the Minnesota River Joint Powers Board,
34.8Area II Minnesota River Basin Projects,
34.9and the Red River Basin Commission.
34.10By November 15, 2009, the plan shall be
34.11submitted to the house and senate chairs
34.12and ranking minority members of the
34.13environmental finance divisions.
34.14(m) $5,000,000 the second year is for
34.15groundwater protection or prevention of
34.16groundwater degradation activities. By
34.17January 15, 2010, the commissioner, in
34.18consultation with the commissioner of
34.19natural resources, the Board of Water and
34.20Soil Resources, and other agencies, shall
34.21submit a report to the chairs of the house of
34.22representatives and senate committees with
34.23jurisdiction over the clean water fund on the
34.24intended use of these funds. The legislature
34.25must approve expenditure of these funds by
34.26law.
34.27Notwithstanding Minnesota Statutes, section
34.2816A.28
, the appropriations encumbered on or
34.29before June 30, 2011, as grants or contracts in
34.30this section are available until June 30, 2013.
34.31 Sec. 3. Laws 2011, First Special Session chapter 6, article 2, section 7, is amended to
34.32read:
35.1(a) $13,750,000 the first year and
35.2$13,750,000 $15,350,000 the second year are
35.3for pollution reduction and restoration grants
35.4to local government units and joint powers
35.5organizations of local government units to
35.6protect surface water and drinking water; to
35.7keep water on the land; to protect, enhance,
35.8and restore water quality in lakes, rivers,
35.9and streams; and to protect groundwater
35.10and drinking water, including feedlot water
35.11quality and subsurface sewage treatment
35.12system (SSTS) projects and stream bank,
35.13stream channel, and shoreline restoration
35.14projects. The projects must be of long-lasting
35.15public benefit, include a match, and be
35.16consistent with TMDL implementation plans
35.17or local water management plans.
35.18(b) $3,000,000 the first year and$3,000,000
35.19$3,600,000 the second year are for targeted
35.20local resource protection and enhancement
35.21grants. The board shall give priority
35.22consideration to projects and practices
35.23that complement, supplement, or exceed
35.24current state standards for protection,
35.25enhancement, and restoration of water
35.26quality in lakes, rivers, and streams or that
35.27protect groundwater from degradation. Of
35.28this amount, at least $1,500,000 each year is
35.29for county SSTS implementation.
35.30(c) $900,000 the first year and$900,000
35.31$1,200,000 the second year are to
35.32provide state oversight and accountability,
35.33evaluate results, and develop an electronic
35.34system to measure and track the value of
35.35conservation program implementation by
35.36local governments, including submission
36.1to the legislature by March 1 each year
36.2an annual report prepared by the board,
36.3in consultation with the commissioners of
36.4natural resources, health, agriculture, and
36.5the Pollution Control Agency, detailing the
36.6recipients and projects funded under this
36.7section. The board shall require grantees to
36.8specify the outcomes that will be achieved
36.9by the grants prior to any grant awards.
36.10(d) $1,000,000 the first year and$1,000,000
36.11$1,700,000 the second year are for technical
36.12assistance and grants for the conservation
36.13drainage program in consultation with
36.14the Drainage Work Group, created under
36.15Minnesota Statutes, section103B.101,
36.16subdivision 13 , that consists of projects to
36.17retrofitexisting or supplement drainage
36.18systems with water quality improvement
36.19practices, evaluate outcomes, and provide
36.20outreach to landowners, public drainage
36.21authorities, drainage engineers and
36.22contractors, and others. The board shall
36.23coordinate practice standards with the
36.24Natural Resources Conservation Service of
36.25the United States Department of Agriculture
36.26and seek to leverage federal funds as
36.27part of conservation drainage program
36.28implementation.
36.29(e) $6,000,000 the first year and $6,000,000
36.30the second year are to purchase and restore
36.31permanent conservation easements on
36.32riparian buffers adjacent to public waters,
36.33excluding wetlands, to keep water on the
36.34land in order to decrease sediment, pollutant,
36.35and nutrient transport; reduce hydrologic
36.36impacts to surface waters; and increase
37.1infiltration for groundwater recharge. The
37.2riparian buffers must be at least 50 feet
37.3unless there is a natural impediment, a road,
37.4or other impediment beyond the control
37.5of the landowner. This appropriation may
37.6be used for restoration of riparian buffers
37.7protected by easements purchased with
37.8this appropriation and for stream bank
37.9restorations when the riparian buffers have
37.10been restored.
37.11(f) $1,300,000 the first year and$1,300,000
37.12$2,300,000 the second year are for
37.13permanent conservation easements on
37.14wellhead protection areas under Minnesota
37.15Statutes, section103F.515, subdivision 2 ,
37.16paragraph (d). Priority must be placed on
37.17land that is located where the vulnerability
37.18of the drinking water supply is designated
37.19as high or very high by the commissioner
37.20of health. The board shall coordinate
37.21with the United States Geological Survey,
37.22the commissioners of health and natural
37.23resources, and local communities contained
37.24in the Decorah and St. Lawrence Edge areas
37.25of Winona, Goodhue, Olmsted, and Wabasha
37.26Counties to obtain easements in identified
37.27areas as having the most vulnerability to
37.28groundwater contamination.
37.29(g) $1,500,000 the first year and $1,500,000
37.30the second year are for community partners
37.31grants to local units of government for:
37.32(1) structural or vegetative management
37.33practices that reduce storm water runoff
37.34from developed or disturbed lands to reduce
37.35the movement of sediment, nutrients, and
37.36pollutants for restoration, protection, or
38.1enhancement of water quality in lakes, rivers,
38.2and streams and to protect groundwater
38.3and drinking water; and (2) installation
38.4of proven and effective water retention
38.5practices including, but not limited to, rain
38.6gardens and other vegetated infiltration
38.7basins and sediment control basins in order
38.8to keep water on the land. The projects
38.9must be of long-lasting public benefit,
38.10include a local match, and be consistent with
38.11TMDL implementation plans or local water
38.12management plans. Local government unit
38.13staff and administration costs may be used
38.14as a match.
38.15(h) $84,000 the first year and $84,000 the
38.16second year are for a technical evaluation
38.17panel to conduct up to ten restoration
38.18evaluations under Minnesota Statutes,
38.19section114D.50, subdivision 6 .
38.20(i) The board shall contract for services
38.21with Conservation Corps Minnesota for
38.22restoration, maintenance, and other activities
38.23under this section for $500,000 the first year
38.24and $500,000 the second year.
38.25(j) The board may shift grant or cost-share
38.26funds in this section and may adjust the
38.27technical and administrative assistance
38.28portion of the funds to leverage federal or
38.29other nonstate funds or to address oversight
38.30responsibilities or high-priority needs
38.31identified in local water management plans.
38.32(k) The appropriations in this section are
38.33available until June 30, 2016.
38.34 Sec. 4. AQUATIC INVASIVE SPECIES; APPROPRIATION.
39.1(a) $2,200,000 in fiscal year 2013 is appropriated from the clean water fund to
39.2the Board of Regents of the University of Minnesota for research, in consultation with
39.3other institutions of higher learning in Minnesota, on aquatic invasive species that
39.4threaten or have the potential to threaten the water quality of the state's lakes, rivers, and
39.5streams. With the approval of the Board of Regents of the University of Minnesota,
39.6the appropriation shall fund the following within the College of Food, Agricultural and
39.7Natural Resource Sciences' Department of Fisheries, Wildlife and Conservation Biology:
39.8(1) three research assistant professors with three different focus areas, to include
39.9environmental DNA, zebra mussels, and fish ecology;
39.10(2) one fish care technician;
39.11(3) five graduate students within the Department of Fisheries, Wildlife and
39.12Conservation Biology; and
39.13(4) up to $1,050,000 in equipment necessary for the research activities under this
39.14paragraph.
39.15(b) This is a onetime appropriation and is available until June 30, 2018.
39.16 Sec. 5. LEGACY FUNDING REQUIREMENTS APPLY.
39.17All appropriations in this article are onetime and are subject to the requirements
39.18and availability provisions provided under Laws 2011, First Special Session chapter 6,
39.19articles 2 and 5. Each direct recipient of money appropriated in this article, as well as each
39.20recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
39.21requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
39.22Special Session chapter 6, articles 2 and 5.
39.25 Section 1. Laws 2009, chapter 172, article 3, section 3, is amended to read:
39.27(a) $12,641,000 the first year and
39.28$15,140,000 the second year are from the
39.29parks and trails fund to be distributed as
39.30required under new Minnesota Statutes,
39.31section85.535, subdivision 3 , except that
39.32of this amount, $40,000 the first year is for
39.33a grant to Hennepin County to plant trees
40.1along the Victory Memorial Parkway. For
40.2acquisition of an interest in real property,
40.3appropriations under this section are
40.4available until June 30, 2013.
40.5(b) The Metropolitan Council shall submit
40.6a report on the expenditure and use of
40.7money appropriated under this section to
40.8the legislature as provided in Minnesota
40.9Statutes, section3.195 , by March 1 of each
40.10year. The report must detail the outcomes in
40.11terms of additional use of parks and trails
40.12resources, user satisfaction surveys, and
40.13other appropriate outcomes.
40.14(c) Grant agreements entered into by the
40.15Metropolitan Council and recipients of
40.16money appropriated under this section shall
40.17ensure that the funds are used to supplement
40.18and not substitute for traditional sources of
40.19funding.
40.20(d) The implementing agencies receiving
40.21appropriations under this section shall
40.22give consideration to contracting with the
40.23Minnesota Conservation Corps for contract
40.24restoration, maintenance, and other activities.
40.25EFFECTIVE DATE.This section is effective the day following final enactment.
40.28 Section 1. Minnesota Statutes 2010, section 16B.98, subdivision 5, is amended to read:
40.29 Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is
40.30not valid and the state is not bound by the grant unless:
40.31 (1) the grant has been executed by the head of the agency or a delegate who is
40.32party to the grant;and
41.1 (2) the accounting system shows an encumbrance for the amount of the grant in
41.2accordance with policy approved by the commissioner.; and
41.3(3) the grant agreement includes an effective date that references either section
41.416C.05, subdivision 2, or 16B.98, subdivisions 5 and 7, as determined by the granting
41.5agency.
41.6 (b) The combined grant agreement and amendments must not exceed five years
41.7without specific, written approval by the commissioner according to established policy,
41.8procedures, and standards, or unless the commissioner determines that a longer duration is
41.9in the best interest of the state.
41.10 (c) A fully executed copy of the grant agreement with all amendments and other
41.11required records relating to the grant must be kept on file at the granting agency for a time
41.12equal to that required of grantees in subdivision 8.
41.13 (d) Grant agreements must comply with policies established by the commissioner
41.14for minimum grant agreement standards and practices.
41.15 (e) The attorney general may periodically review and evaluate a sample of state
41.16agency grants to ensure compliance with applicable laws.
41.17 Sec. 2. Minnesota Statutes 2010, section 16B.98, subdivision 7, is amended to read:
41.18 Subd. 7. Grant payments. Payments to the grantee may not be issued until the
41.19grant agreement is fully executed. Encumbrances for grants issued by June 30 may be
41.20certified for a period of one year beyond the year in which the funds were originally
41.21appropriated as provided by section 16A.28, subdivision 6.
41.22 Sec. 3. Minnesota Statutes 2010, section 116U.26, is amended to read:
41.23116U.26 FILM PRODUCTION JOBS PROGRAM.
41.24 (a) The film production jobs program is created. The program shall be operated
41.25by the Minnesota Film and TV Board with administrative oversight and control by the
41.26director of Explore Minnesota Tourism commissioner of administration. The program
41.27shall make payment to producers of feature films, national television or Internet programs,
41.28documentaries, music videos, and commercials that directly create new film jobs in
41.29Minnesota. To be eligible for a payment, a producer must submit documentation to the
41.30Minnesota Film and TV Board of expenditures for production costs incurred in Minnesota
41.31that are directly attributable to the production in Minnesota of a film product.
41.32 The Minnesota Film and TV Board shall make recommendations to thedirector of
41.33Explore Minnesota Tourism commissioner of administration about program payment, but
41.34thedirector commissioner has the authority to make the final determination on payments.
42.1Thedirector's commissioner's determination must be based on proper documentation of
42.2eligible production costs submitted for payments. No more than five percent of the funds
42.3appropriated for the program in any year may be expended for administration.
42.4 (b) For the purposes of this section:
42.5 (1) "production costs" means the cost of the following:
42.6 (i) a story and scenario to be used for a film;
42.7 (ii) salaries of talent, management, and labor, including payments to personal
42.8services corporations for the services of a performing artist;
42.9 (iii) set construction and operations, wardrobe, accessories, and related services;
42.10 (iv) photography, sound synchronization, lighting, and related services;
42.11 (v) editing and related services;
42.12 (vi) rental of facilities and equipment; or
42.13 (vii) other direct costs of producing the film in accordance with generally accepted
42.14entertainment industry practice; and
42.15 (2) "film" means a feature film, television or Internet show, documentary, music
42.16video, or television commercial, whether on film, video, or digital media. Film does not
42.17include news, current events, public programming, or a program that includes weather
42.18or market reports; a talk show; a production with respect to a questionnaire or contest; a
42.19sports event or sports activity; a gala presentation or awards show; a finished production
42.20that solicits funds; or a production for which the production company is required under
42.21United States Code, title 18, section 2257, to maintain records with respect to a performer
42.22portrayed in a single-media or multimedia program.
42.23 (c) Notwithstanding any other law to the contrary, the Minnesota Film and TV Board
42.24may make reimbursements of: (1) up to 20 percent of film production costs for films that
42.25locate production outside the metropolitan area, as defined in section473.121 , subdivision
42.262, or that incur production costs in excess of $5,000,000 in the metropolitan area within
42.27a 12-month period; or (2) up to 15 percent of film production costs for films that incur
42.28production costs of $5,000,000 or less in the metropolitan area within a 12-month period.
42.29 Sec. 4. Laws 2011, First Special Session chapter 6, article 4, section 2, subdivision 5,
42.30is amended to read:
42.33These amounts are appropriated to the
42.34governing board of the Minnesota Historical
42.35Society to preserve and enhance access to
43.1Minnesota's history and its cultural and
43.2historical resources. Grant agreements
43.3entered into by the Minnesota Historical
43.4Society and other recipients of appropriations
43.5in this subdivision shall ensure that
43.6these funds are used to supplement and
43.7not substitute for traditional sources of
43.8funding. Funds directly appropriated to the
43.9Minnesota Historical Society shall be used to
43.10supplement, and not substitute for, traditional
43.11sources of funding. Notwithstanding
43.12Minnesota Statutes, section16A.28 , for
43.13historic preservation projects that improve
43.14historic structures, the amounts are available
43.15until June 30, 2015.
43.16Statewide Historic and Cultural Grants.
43.17$5,250,000 the first year and$5,250,000
43.18$5,450,000 the second year are for history
43.19programs and projects operated or conducted
43.20by or through local, county, regional, or
43.21other historical or cultural organizations; or
43.22for activities to preserve significant historic
43.23and cultural resources. Funds are to be
43.24distributed through a competitive grants
43.25process. The Minnesota Historical Society
43.26shall administer these funds using established
43.27grants mechanisms, with assistance from
43.28the advisory committee created under Laws
43.292009, chapter 172, article 4, section 2,
43.30subdivision 4, paragraph (b), item (ii).
43.31Programs. $4,800,000 the first year and
43.32$4,800,000 $5,200,000 the second year are
43.33for programs and purposes related to the
43.34historical and cultural heritage of the state
43.35of Minnesota, conducted by the Minnesota
43.36Historical Society.
44.1History Partnerships. $1,500,000 the first
44.2year and$1,500,000 $1,700,000 the second
44.3year are for partnerships involving multiple
44.4organizations, which may include the
44.5Minnesota Historical Society, to preserve and
44.6enhance access to Minnesota's history and
44.7cultural heritage in all regions of the state.
44.8Statewide Survey of Historical and
44.9Archaeological Sites. $250,000 the first
44.10year and $250,000 the second year are
44.11for a contract or contracts to be let on a
44.12competitive basis to conduct statewide
44.13surveys of Minnesota's sites of historical,
44.14archaeological, and cultural significance.
44.15Results of this survey must be published in
44.16a searchable form, available to the public on
44.17a cost-free basis. The Minnesota Historical
44.18Society, the Office of the State Archaeologist,
44.19and the Indian Affairs Council shall each
44.20appoint a representative to an oversight
44.21board to select contractors and direct the
44.22conduct of these surveys. The oversight
44.23board shall consult with the Departments of
44.24Transportation and Natural Resources.
44.25Digital Library. $250,000 the first year and
44.26$250,000 the second year are for a digital
44.27library project to preserve, digitize, and share
44.28Minnesota images, documents, and historical
44.29materials. The Minnesota Historical Society
44.30shall cooperate with the Minitex interlibrary
44.31loan system and shall jointly share this
44.32appropriation for these purposes.
44.33Commemoration Activities. $100,000
44.34the second year is for activities that
44.35commemorate the sesquicentennial of
45.1the American Civil War and the Dakota
45.2Conflict, as recommended by the Civil War
45.3Commemoration Task Force established in
45.4Executive Order 11-15 (2011).
45.5 Sec. 5. COMMEMORATION PROGRAMMING; APPROPRIATION.
45.6$80,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund
45.7to the commissioner of administration for grants to public broadcasting organizations to
45.8develop programming that commemorates the sesquicentennial of the American Civil War
45.9and the Dakota Conflict. This appropriation is divided as follows:
45.10(1) $15,000 is for a grant to Minnesota Public Radio;
45.11(2) $15,000 is for a grant to the Association of Minnesota Public Educational Radio
45.12Stations; and
45.13(3) $50,000 is for a grant to Twin Cities Public Television to complete production
45.14of two historic documentaries and to develop an educational Web site that provides
45.15Minnesota educators and students with access to documentary content, video segments,
45.16and lesson guides. Notwithstanding Minnesota Statutes, section 129D.17, subdivision 2,
45.17paragraph (f), Twin Cities Public Television may spend a portion of this appropriation for
45.18travel and filming outside of Minnesota.
45.19 Sec. 6. FILM PRODUCTION INCENTIVE PROGRAM; APPROPRIATION.
45.20$600,000 is appropriated in fiscal year 2013 from the arts and cultural heritage
45.21fund to the commissioner of administration for a grant to the Independent Feature
45.22Project/Minnesota for a new film production incentive program. The Independent
45.23Feature Project/Minnesota shall reimburse film producers for eligible production costs
45.24incurred to produce a film or documentary in Minnesota. Eligible production costs are
45.25expenditures incurred in Minnesota that are directly attributable to the production of a
45.26film or documentary in Minnesota. Eligible production costs include talent, management,
45.27labor, set construction and operation, wardrobe, sound synchronization, lighting, editing,
45.28rental facilities and equipment, and other direct costs of producing a film or documentary
45.29in accordance with generally accepted entertainment industry practices. A producer
45.30must agree, to the greatest extent possible, to procure all eligible production inputs
45.31in Minnesota. A producer must submit proper documentation of eligible production
45.32costs incurred. The commissioner of administration may use up to 2-1/2 percent of this
45.33appropriation for grant administration costs.
46.1 Sec. 7. HISTORICAL RULEMAKING WEB SITE; APPROPRIATION.
46.2$35,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund to
46.3the revisor of statutes to design and implement a Web site to provide the public searchable
46.4access to historical documents relating to state agency rulemaking. It is anticipated that
46.5the revisor of statutes will match this appropriation from carryforward funds and that the
46.6revisor will use the carryforward funds to design and implement a Web site that will
46.7provide the public searchable access to future state agency rulemaking documents.
46.8 Sec. 8. LET'S GO FISHING; APPROPRIATION.
46.9$100,000 in fiscal year 2013 is appropriated from the arts and cultural heritage fund
46.10to the commissioner of natural resources for a grant to Let's Go Fishing of Minnesota to
46.11provide community outreach to senior citizens, youth, and veterans and for the costs
46.12associated with establishing and recruiting new chapters in order to preserve Minnesota's
46.13cultural heritage of fishing. The grants must be matched with cash or in-kind contributions
46.14from nonstate sources.
46.15 Sec. 9. LEGACY FUNDING REQUIREMENTS APPLY.
46.16All appropriations in this article are onetime and are subject to the requirements
46.17and availability provisions provided under Laws 2011, First Special Session chapter 6,
46.18articles 4 and 5. Each direct recipient of money appropriated in this article, as well as each
46.19recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
46.20requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
46.21Special Session chapter 6, articles 4 and 5.
46.22 Sec. 10. GOVERNOR TO URGE PRESIDENTIAL PARDON OF CHASKA.
46.23The governor, in consultation with the chairs of the house and senate committees
46.24with jurisdiction over legacy funds, shall urge the President of the United States to pardon
46.25We-Chank-Wash-ta-don-pee, also known as Chaska, for alleged crimes stemming from
46.26the Dakota Conflict of 1862.
1.3fund, clean water fund, and arts and cultural heritage fund; modifying
1.4requirements for outdoor heritage fund appropriations; providing for public
1.5grazing program; changing provisions of grant management; changing control
1.6and oversight of the film production jobs program to the commissioner of
1.7administration; modifying prior appropriations;amending Minnesota Statutes
1.82010, sections 16B.98, subdivisions 5, 7; 97A.056, by adding subdivisions;
1.9116U.26; Minnesota Statutes 2011 Supplement, section 114D.30, subdivision 4;
1.10Laws 2009, chapter 172, article 2, section 4, as amended; article 3, section 3;
1.11Laws 2011, First Special Session chapter 6, article 1, section 2, subdivision 9;
1.12article 2, section 7; article 4, section 2, subdivision 5; proposing coding for new
1.13law in Minnesota Statutes, chapter 84.
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 "2012" and "2013" used in this article mean that the appropriations listed under the
1.22figure are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively.
1.23"The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium"
1.24is fiscal years 2012 and 2013. The appropriations in this article are onetime.
| 1.25 |
APPROPRIATIONS |
||||||
| 1.26 |
Available for the Year |
||||||
| 1.27 |
Ending June 30 |
||||||
| 1.28 |
2012 |
2013 |
|||||
| 2.1 |
Sec. 2. OUTDOOR HERITAGE |
||||||
| 2.2 |
Subdivision 1.Total Appropriation |
$ |
-0- |
$ |
97,420,000 |
||
2.4heritage fund. The amounts that may be
2.5spent for each purpose are specified in the
2.6following subdivisions.
| 2.7 |
Subd. 2.Prairies |
-0- |
24,640,000 |
||||
| 2.8 2.9 |
(a) Minnesota Buffers for Wildlife and Water - Phase II |
||||||
2.11Board of Water and Soil Resources in
2.12cooperation with Pheasants Forever to
2.13acquire permanent conservation easements
2.14to enhance habitat by expanding clean water
2.15fund riparian wildlife buffers on private land.
2.16A list of proposed permanent conservation
2.17easements must be provided as part of the
2.18final report. The accomplishment plan must
2.19include an easement stewardship plan. Up
2.20to $90,000 is for establishing a monitoring
2.21and enforcement fund as approved in
2.22the accomplishment plan and subject to
2.23Minnesota Statutes, section
2.24subdivision 17. An annual financial report is
2.25required for any monitoring and enforcement
2.26fund established, including expenditures
2.27from the fund and a description of annual
2.28monitoring and enforcement activities.
| 2.29 2.30 |
(b) Minnesota Prairie Recovery Project - Phase III |
||||||
2.32commissioner of natural resources for an
2.33agreement with The Nature Conservancy to
2.34acquire native prairie and savanna and restore
2.35and enhance grasslands and savanna. A list of
3.1proposed land acquisitions must be provided
3.2as part of the required accomplishment plan.
3.3Annual income statements and balance sheets
3.4for income and expenses from land acquired
3.5with this appropriation must be submitted to
3.6the Lessard-Sams Outdoor Heritage Council
3.7no later than 180 days following the close of
3.8The Nature Conservancy's fiscal year.
| 3.9 3.10 |
(c) Cannon River Headwaters Habitat Complex - Phase II |
||||||
3.12commissioner of natural resources for an
3.13agreement with The Trust for Public Land
3.14to acquire and restore lands in the Cannon
3.15River watershed for wildlife management
3.16area purposes under Minnesota Statutes,
3.17section
3.18management area purposes under Minnesota
3.19Statutes, sections
3.2014, and
3.21acquisitions must be provided as part of the
3.22required accomplishment plan.
| 3.23 |
(d) Wildlife Management Area Acquisition |
||||||
3.25commissioner of natural resources to acquire
3.26land in fee for wildlife management area
3.27purposes under Minnesota Statutes, section
3.28
3.29land acquisitions must be provided as part of
3.30the required accomplishment plan.
| 3.31 3.32 |
(e) Northern Tallgrass Prairie National Wildlife Refuge Land Acquisition - Phase IV |
||||||
3.34commissioner of natural resources for an
3.35agreement with The Nature Conservancy
4.1in cooperation with the United States Fish
4.2and Wildlife Service to acquire land in
4.3fee or permanent conservation easements
4.4within the Northern Tallgrass Prairie Habitat
4.5Preservation Area in western Minnesota for
4.6addition to the Northern Tallgrass Prairie
4.7National Wildlife Refuge. A list of proposed
4.8land acquisitions must be provided as part
4.9of the required accomplishment plan. The
4.10accomplishment plan must include an
4.11easement monitoring and enforcement plan.
| 4.12 4.13 |
(f) Accelerating the Wildlife Management Area Program - Phase IV |
||||||
4.15commissioner of natural resources for an
4.16agreement with Pheasants Forever to acquire
4.17land in fee for wildlife management area
4.18purposes under Minnesota Statutes, section
4.19
4.20land acquisitions must be provided as part of
4.21the required accomplishment plan.
| 4.22 |
(g) Green Corridor Legacy Program - Phase IV |
||||||
4.24commissioner of natural resources for
4.25an agreement with the Redwood Area
4.26Development Corporation to acquire land in
4.27fee for wildlife management area purposes
4.28under Minnesota Statutes, section
4.29subdivision 8, and for aquatic management
4.30areas under Minnesota Statutes, sections
4.31
4.32proposed land acquisitions must be provided
4.33as part of the required accomplishment plan.
| 4.34 4.35 |
(h) Accelerated Prairie Restoration and Enhancement on DNR Lands - Phase IV |
||||||
5.2commissioner of natural resources to
5.3accelerate the restoration and enhancement
5.4of wildlife management areas, scientific
5.5and natural areas, and land under native
5.6prairie bank easements. A list of proposed
5.7restorations and enhancements must
5.8be provided as part of the required
5.9accomplishment plan.
| 5.10 5.11 |
(i) Anoka Sand Plain Habitat Restoration and Enhancement - Phase II |
||||||
5.13commissioner of natural resources for
5.14agreements to restore and enhance habitat on
5.15public lands in the Anoka Sand Plain and
5.16along the Rum River as follows: $558,750 to
5.17Great River Greening; $99,400 to the Anoka
5.18Conservation District; and $391,850 to the
5.19National Wild Turkey Federation. A list
5.20of proposed restorations and enhancements
5.21must be provided as part of the required
5.22accomplishment plan.
| 5.23 |
(j) Enhanced Public Grasslands |
||||||
5.25commissioner of natural resources for
5.26an agreement with Pheasants Forever in
5.27cooperation with the Minnesota Prairie
5.28Chicken Society to restore and enhance
5.29habitat on public lands. The criteria for
5.30selection of projects must be included in the
5.31accomplishment plan. A list of proposed
5.32restorations and enhancements must be
5.33provided as part of the final report.
| 5.34 |
Subd. 3.Forests |
-0- |
10,300,000 |
||||
| 6.1 6.2 |
(a) Protecting Mississippi River Corridor Habitat ACUB Partnership - Phase II |
||||||
6.4Board of Water and Soil Resources to
6.5acquire permanent conservation easements
6.6on land adjacent to the Nokasippi River
6.7and the boundaries of the Minnesota
6.8National Guard Army compatible use buffer
6.9(ACUB). A list of proposed land acquisitions
6.10must be provided as part of the required
6.11accomplishment plan. The accomplishment
6.12plan must include an easement stewardship
6.13plan. Up to $4,800 is for establishing
6.14a monitoring and enforcement fund as
6.15approved in the accomplishment plan and
6.16subject to Minnesota Statutes, section
6.17
6.18report is required for any monitoring and
6.19enforcement fund established, including
6.20expenditures from the fund and a description
6.21of annual monitoring and enforcement
6.22activities.
| 6.23 6.24 |
(b) Mississippi Northwoods Habitat Complex Protection |
||||||
6.26commissioner of natural resources to
6.27acquire land in fee along the Mississippi
6.28River in Crow Wing County to be added
6.29to Crow Wing State Forest. Prior to the
6.30acquisition, an independent state appraisal
6.31must be conducted and the purchase price
6.32must not exceed the appraised fair market
6.33value determined by the appraisal. A land
6.34description must be provided as part of the
6.35required accomplishment plan. Development
6.36of a paved trail on land acquired under this
7.1paragraph constitutes an alteration of the
7.2intended use of the interest in real property
7.3and must be handled according to Minnesota
7.4Statutes, section
7.5The commissioner of natural resources shall
7.6consult with the Lessard-Sams Outdoor
7.7Heritage Council when planning for any
7.8paved trail on land acquired with this
7.9appropriation, including any plans for trail
7.10alignment.
| 7.11 7.12 |
(c) Northeastern Minnesota Sharp-Tailed Grouse Habitat Partnership - Phase III |
||||||
7.14commissioner of natural resources for
7.15an agreement with Pheasants Forever in
7.16cooperation with the Minnesota Sharp-Tailed
7.17Grouse Society to acquire and enhance
7.18lands for wildlife management area purposes
7.19under Minnesota Statutes, section
7.20subdivision 8. A list of proposed land
7.21acquisitions must be provided as part of the
7.22required accomplishment plan.
| 7.23 7.24 |
(d) Protect Key Forest Habitat Lands in Cass County - Phase III |
||||||
7.26commissioner of natural resources for an
7.27agreement with Cass County to acquire land
7.28in fee in Cass County for forest wildlife
7.29habitat. A list of proposed land acquisitions
7.30must be provided as part of the required
7.31accomplishment plan.
| 7.32 |
(e) Minnesota Moose Habitat Collaborative |
||||||
7.34commissioner of natural resources for an
7.35agreement with the Minnesota Deer Hunters
8.1Association to restore and enhance public
8.2forest lands in northeastern Minnesota
8.3for moose habitat purposes. A list of
8.4proposed restorations and enhancements
8.5must be provided as part of the required
8.6accomplishment plan.
| 8.7 |
Subd. 4.Wetlands |
-0- |
31,140,000 |
||||
| 8.8 8.9 |
(a) Reinvest in Minnesota Wetlands Reserve Program Partnership - Phase IV |
||||||
8.11Board of Water and Soil Resources to
8.12acquire permanent conservation easements
8.13and restore wetlands and associated upland
8.14habitat in cooperation with the United
8.15States Department of Agriculture Wetlands
8.16Reserve Program. A list of land acquisitions
8.17must be provided as part of the final report.
8.18The accomplishment plan must include
8.19an easement stewardship plan. Up to
8.20$180,000 is for establishing a monitoring
8.21and enforcement fund as approved in
8.22the accomplishment plan and subject to
8.23Minnesota Statutes, section
8.24subdivision 17. An annual financial report is
8.25required for any monitoring and enforcement
8.26fund established, including expenditures
8.27from the fund and a description of annual
8.28monitoring and enforcement activities.
| 8.29 8.30 |
(b) Accelerating the Waterfowl Production Area Program - Phase IV |
||||||
8.32commissioner of natural resources for an
8.33agreement with Pheasants Forever to acquire
8.34land in fee to be managed and designated as
8.35waterfowl production areas in Minnesota,
8.36in cooperation with the United States Fish
9.1and Wildlife Service. A list of proposed land
9.2acquisitions must be provided as part of the
9.3required accomplishment plan.
| 9.4 |
(c) Columbus Lake Conservation Area |
||||||
9.6commissioner of natural resources for an
9.7agreement with Anoka County to acquire
9.8land in fee for conservation purposes that
9.9connect wetlands and shallow lakes to
9.10the Lamprey Pass Wildlife Management
9.11Area. A list of proposed land acquisitions
9.12must be provided as part of the required
9.13accomplishment plan.
| 9.14 9.15 |
(d) Living Shallow Lakes and Wetlands Initiative - Phase II |
||||||
9.17commissioner of natural resources for an
9.18agreement with Ducks Unlimited to assess,
9.19restore, and enhance shallow lakes and
9.20wetlands, including technical assistance,
9.21survey, design, and engineering to develop
9.22new enhancement and restoration projects
9.23for future implementation. A list of
9.24proposed restorations and enhancements
9.25must be provided as part of the required
9.26accomplishment plan.
| 9.27 9.28 |
(e) Accelerated Shallow Lakes and Wetlands Enhancement - Phase IV |
||||||
9.30commissioner of natural resources to
9.31develop engineering designs and complete
9.32construction to enhance shallow lakes and
9.33wetlands. A list of proposed restorations and
9.34enhancements must be provided as part of
9.35the required accomplishment plan. Work
10.1must be completed within three years of the
10.2effective date of this article.
| 10.3 |
(f) Marsh Lake Enhancement |
||||||
10.5commissioner of natural resources to
10.6complete design and construction to modify
10.7the dam at Marsh Lake and return the historic
10.8outlet of the Pomme de Terre River to Lac
10.9Qui Parle.
| 10.10 |
Subd. 5.Habitats |
-0- |
31,120,000 |
||||
| 10.11 |
(a) DNR Aquatic Habitat - Phase IV |
||||||
10.13commissioner of natural resources to
10.14acquire interests in land in fee or permanent
10.15conservation easements for aquatic
10.16management areas under Minnesota Statutes,
10.17sections
10.18
10.19habitat. A list of proposed land acquisitions
10.20must be provided as part of the required
10.21accomplishment plan. The accomplishment
10.22plan must include an easement stewardship
10.23plan. Up to $25,000 is for establishing
10.24a monitoring and enforcement fund as
10.25approved in the accomplishment plan and
10.26subject to Minnesota Statutes, section
10.27
10.28report is required for any monitoring and
10.29enforcement fund established, including
10.30expenditures from the fund and a description
10.31of annual monitoring and enforcement
10.32activities.
| 10.33 |
(b) Metro Big Rivers Habitat - Phase III |
||||||
11.2commissioner of natural resources for
11.3agreements to acquire interests in land in
11.4fee or permanent conservation easements
11.5and to restore and enhance natural systems
11.6associated with the Mississippi, Minnesota,
11.7and St. Croix Rivers as follows: $1,000,000
11.8to the Minnesota Valley National Wildlife
11.9Refuge Trust, Inc.; $375,000 to the Friends
11.10of the Mississippi; $375,000 to Great River
11.11Greening; $930,000 to The Minnesota
11.12Land Trust; and $1,000,000 to The Trust
11.13for Public Land. A list of proposed
11.14acquisitions, restorations, and enhancements
11.15must be provided as part of the required
11.16accomplishment plan. The accomplishment
11.17plan must include an easement stewardship
11.18plan. Up to $51,000 is for establishing
11.19a monitoring and enforcement fund as
11.20approved in the accomplishment plan and
11.21subject to Minnesota Statutes, section
11.22
11.23report is required for any monitoring and
11.24enforcement fund established, including
11.25expenditures from the fund and a description
11.26of annual monitoring and enforcement
11.27activities.
| 11.28 11.29 |
(c) Dakota County Riparian and Lakeshore Protection and Management - Phase III |
||||||
11.31commissioner of natural resources for an
11.32agreement with Dakota County to acquire
11.33permanent conservation easements and
11.34restore and enhance habitats along the
11.35Mississippi, Cannon, and Vermillion Rivers.
11.36A list of proposed acquisitions, restorations,
12.1and enhancements must be provided as
12.2part of the required accomplishment plan.
12.3The accomplishment plan must include
12.4an easement stewardship plan. Up to
12.5$20,000 is for establishing a monitoring
12.6and enforcement fund as approved in
12.7the accomplishment plan and subject to
12.8Minnesota Statutes, section
12.9subdivision 17. An annual financial report is
12.10required for any monitoring and enforcement
12.11fund established, including expenditures
12.12from the fund and a description of annual
12.13monitoring and enforcement activities.
| 12.14 |
(d) Lower St. Louis River Habitat Restoration |
||||||
12.16commissioner of natural resources to restore
12.17habitat in the lower St. Louis River estuary.
12.18A list of proposed projects must be provided
12.19as part of the required accomplishment plan.
| 12.20 12.21 |
(e) Coldwater Fish Habitat Enhancement - Phase IV |
||||||
12.23commissioner of natural resources for an
12.24agreement with Minnesota Trout Unlimited
12.25to restore and enhance coldwater fish lake,
12.26river, and stream habitats in Minnesota. A list
12.27of proposed restorations and enhancements
12.28must be provided as part of the required
12.29accomplishment plan.
| 12.30 |
(f) Grand Marais Creek Outlet Restoration |
||||||
12.32commissioner of natural resources for an
12.33agreement with the Red Lake Watershed
12.34District to restore and enhance stream and
12.35related habitat in Grand Marais Creek. A list
13.1of proposed restorations and enhancements
13.2must be provided as part of the required
13.3accomplishment plan.
| 13.4 |
(g) Knife River Habitat Restoration |
||||||
13.6commissioner of natural resources for an
13.7agreement with the Lake Superior Steelhead
13.8Association to restore trout habitat in the
13.9Upper Knife River Watershed. A list of
13.10proposed restorations must be provided as
13.11part of the required accomplishment plan.
| 13.12 |
(h) Protect Aquatic Habitat from Asian Carp |
||||||
13.14commissioner of natural resources to design,
13.15construct, operate, and evaluate structural
13.16deterrents and electric fish barriers for Asian
13.17carp to protect Minnesota's aquatic habitat
13.18from Asian carp on the Mississippi River.
13.19Use of this money requires a one-to-one
13.20match for projects on state boundary waters.
| 13.21 13.22 |
(i) Protect Aquatic Habitat from Aquatic Invasive Species |
||||||
13.24of Regents of the University of Minnesota
13.25for research on aquatic invasive species that
13.26threaten or have the potential to threaten
13.27the state's lakes, rivers, streams, wetlands,
13.28and other aquatic habitats for fish, game,
13.29and wildlife. This appropriation is added to
13.30the appropriation in article 2, section 4, for
13.31the purposes specified in that section and is
13.32available until June 30, 2018.
| 13.33 |
(j) Aquatic Habitat Restoration Grants |
||||||
14.2commissioner of natural resources for
14.3grants to local units of government and lake
14.4associations for aquatic habitat restoration.
| 14.5 14.6 |
(k) Outdoor Heritage Conservation Partners Grant Program - Phase IV |
||||||
14.8commissioner of natural resources for a
14.9program to provide competitive, matching
14.10grants of up to $400,000 to local, regional,
14.11state, and national organizations for
14.12enhancing, restoring, or protecting forests,
14.13wetlands, prairies, and habitat for fish, game,
14.14or wildlife in Minnesota. Grants shall not
14.15be made for activities required to fulfill
14.16the duties of owners of lands subject to
14.17conservation easements. Grants shall not be
14.18made from appropriations in this paragraph
14.19for projects that have a total project cost
14.20exceeding $575,000. $366,000 of this
14.21appropriation may be spent for personnel
14.22costs and other direct and necessary
14.23administrative costs. Grantees may acquire
14.24land or interests in land. Easements must be
14.25permanent. Land acquired in fee must be
14.26open to hunting and fishing during the open
14.27season unless otherwise provided by state
14.28law. The program shall require a match of
14.29at least ten percent from nonstate sources
14.30for all grants. The match may be cash or
14.31in-kind resources. For grant applications
14.32of $25,000 or less, the commissioner shall
14.33provide a separate, simplified application
14.34process. Subject to Minnesota Statutes, the
14.35commissioner of natural resources shall,
14.36when evaluating projects of equal value,
15.1give priority to organizations that have a
15.2history of receiving or charter to receive
15.3private contributions for local conservation
15.4or habitat projects. If acquiring land or a
15.5conservation easement, priority shall be
15.6given to projects associated with existing
15.7wildlife management areas under Minnesota
15.8Statutes, section
15.9scientific and natural areas under Minnesota
15.10Statutes, sections
15.11subdivision 5; and aquatic management areas
15.12under Minnesota Statutes, sections
15.13subdivision 14, and
15.14or enhancement projects must be on land
15.15permanently protected by a conservation
15.16easement or public ownership or in public
15.17waters as defined in Minnesota Statutes,
15.18section
15.19shall be given to restoration and enhancement
15.20projects on public lands. Minnesota Statutes,
15.21section
15.22to grants awarded under this paragraph.
15.23This appropriation is available until June
15.2430, 2016. No less than five percent of the
15.25amount of each grant must be held back from
15.26reimbursement until the grant recipient has
15.27completed a grant accomplishment report by
15.28the deadline and in the form prescribed by
15.29and satisfactory to the Lessard-Sams Outdoor
15.30Heritage Council. The commissioner shall
15.31provide notice of the grant program in
15.32the game and fish law summaries that are
15.33prepared under Minnesota Statutes, section
15.34
| 15.35 |
Subd. 6.Administration |
-0- |
220,000 |
||||
| 15.36 |
(a) Contract Management |
||||||
16.2commissioner of natural resources for
16.3contract management duties assigned in this
16.4section. The commissioner shall provide a
16.5work program in the form specified by the
16.6Lessard-Sams Outdoor Heritage Council
16.7on the expenditure of this appropriation.
16.8No money may be expended prior to
16.9Lessard-Sams Outdoor Heritage Council
16.10approval of the work program.
| 16.11 |
(b) Technical Evaluation Panel |
||||||
16.13commissioner of natural resources for a
16.14technical evaluation panel to conduct up to
16.15ten restoration evaluations under Minnesota
16.16Statutes, section
| 16.17 |
Subd. 7.Availability of Appropriation |
||||||
16.19not be spent on activities unless they are
16.20directly related to and necessary for a
16.21specific appropriation and are specified in
16.22the accomplishment plan approved by the
16.23Lessard-Sams Outdoor Heritage Council.
16.24Money appropriated in this section must not
16.25be spent on indirect costs or other institutional
16.26overhead charges that are not directly related
16.27to and necessary for a specific appropriation.
16.28Unless otherwise provided, the amounts
16.29in this section are available until June 30,
16.302015, when projects must be completed and
16.31final accomplishments reported. Funds for
16.32restoration or enhancement are available
16.33until June 30, 2017, or four years after
16.34acquisition, whichever is later, in order to
16.35complete initial restoration or enhancement
17.1work. If a project receives federal funds,
17.2the time period of the appropriation is
17.3extended to equal the availability of federal
17.4funding. Funds appropriated for fee title
17.5acquisition of land may be used to restore,
17.6enhance, and provide for public use of the
17.7land acquired with the appropriation. Public
17.8use facilities must have a minimal impact
17.9on habitat in acquired lands. If the purchase
17.10price for a fee title acquisition funded with
17.11an appropriation in this article falls below
17.12the estimated purchase price contained in
17.13the approved accomplishment plan and no
17.14other acquisitions are listed in the approved
17.15accomplishment plan, the difference between
17.16the purchase price and the estimated purchase
17.17price is canceled and returned to the outdoor
17.18heritage fund.
| 17.19 17.20 |
Subd. 8.Payment Conditions and Capital Equipment Expenditures |
||||||
17.22be administered on a reimbursement basis
17.23unless otherwise provided in this section.
17.24Notwithstanding Minnesota Statutes, section
17.25
17.26appropriation's purpose made on or after July
17.271, 2012, or the date of accomplishment plan
17.28approval, whichever is later, are eligible for
17.29reimbursement unless otherwise provided in
17.30this section. Periodic reimbursement must
17.31be made upon receiving documentation that
17.32the items articulated in the accomplishment
17.33plan approved by the Lessard-Sams Outdoor
17.34Heritage Council have been achieved,
17.35including partial achievements as evidenced
17.36by progress reports approved by the
18.1Lessard-Sams Outdoor Heritage Council.
18.2Reasonable amounts may be advanced to
18.3projects to accommodate cash flow needs,
18.4support future management of acquired
18.5lands, or match a federal share. The
18.6advances must be approved as part of the
18.7accomplishment plan. Capital equipment
18.8expenditures for specific items in excess of
18.9$10,000 must be itemized in and approved as
18.10part of the accomplishment plan.
18.11 Sec. 3. [84.972] PRAIRIE AND GRASSLANDS PUBLIC GRAZING PROGRAM.
18.12The commissioner of natural resources shall establish a prairie and grasslands public
18.13grazing program. The commissioner shall enter into cooperative farming agreements
18.14or lease agreements with livestock owners to annually graze prairie and grasslands
18.15administered by the commissioner where grazing will enhance wildlife habitat, including
18.16management of invasive species. The commissioner shall establish a target of at least
18.1750,000 acres of prairie and grasslands to be enrolled in the prairie and grasslands public
18.18grazing program. The commissioner shall maintain a list of lands grazed under the
18.19program describing the location, acreage, and years grazed. The program shall have a goal
18.20of being financially self-sufficient. Unless otherwise provided by law, revenues received
18.21under this section shall be deposited in the game and fish fund and are appropriated to the
18.22commissioner for purposes of the program.
18.23 Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
18.24to read:
18.25 Subd. 12. Accomplishment plans. It is a condition of acceptance of money
18.26appropriated from the outdoor heritage fund that the agency or entity using the
18.27appropriation submits an accomplishment plan and periodic accomplishment reports
18.28to the Lessard-Sams Outdoor Heritage Council in the form determined by the council.
18.29The accomplishment plan must identify the project manager responsible for expending
18.30the appropriation and the final product. The accomplishment plan must account for
18.31the use of the appropriation and outcomes of the expenditure in measures of wetlands,
18.32prairies, forests, and fish, game, and wildlife habitat restored, protected, and enhanced.
18.33The plan must include an evaluation of results. If lands are acquired by fee with money
18.34from the outdoor heritage fund, the accomplishment plan must include a hunting and
19.1fishing management plan for the lands acquired by fee. No money appropriated from the
19.2outdoor heritage fund may be expended unless the council has approved the pertinent
19.3accomplishment plan.
19.4 Sec. 5. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
19.5to read:
19.6 Subd. 13. Project requirements. (a) As a condition of accepting money
19.7appropriated from the outdoor heritage fund, an agency or entity receiving money from
19.8an appropriation must comply with this subdivision for any project funded in whole or
19.9in part with funds from the appropriation.
19.10(b) All conservation easements acquired with money appropriated from the outdoor
19.11heritage fund must:
19.12(1) be permanent;
19.13(2) specify the parties to the easement;
19.14(3) specify all of the provisions of an agreement that are permanent;
19.15(4) specify the habitat types and location being protected;
19.16(5) where appropriate for conservation or water protection outcomes, require the
19.17grantor to employ practices retaining water on the eased land as long as practicable;
19.18(6) specify the responsibilities of the parties for habitat enhancement and restoration
19.19and the associated costs of these activities;
19.20(7) be sent to the office of the Lessard-Sams Outdoor Heritage Council;
19.21(8) include a long-term stewardship plan and identify the sources and amount of
19.22funding for monitoring and enforcing the easement agreement; and
19.23(9) identify the parties responsible for monitoring and enforcing the easement
19.24agreement.
19.25(c) For all restorations, a recipient must prepare and retain an ecological restoration
19.26and management plan that, to the degree practicable, is consistent with current
19.27conservation science and ecological goals for the restoration site. Consideration should
19.28be given to soil, geology, topography, and other relevant factors that would provide the
19.29best chance for long-term success and durability of the restoration. The plan must include
19.30the proposed timetable for implementing the restoration, including, but not limited to,
19.31site preparation, establishment of diverse plant species, maintenance, and additional
19.32enhancement to establish the restoration; identify long-term maintenance and management
19.33needs of the restoration and how the maintenance, management, and enhancement will be
19.34financed; and use current conservation science to achieve the best restoration.
20.1(d) For new lands acquired, a recipient must prepare a restoration and management
20.2plan in compliance with paragraph (c), including identification of sufficient funding for
20.3implementation.
20.4(e) To ensure public accountability for the use of public funds, a recipient must
20.5provide to the Lessard-Sams Outdoor Heritage Council documentation of the process used
20.6to select parcels acquired in fee or as permanent conservation easements and must provide
20.7the council with documentation of all related transaction costs, including, but not limited
20.8to, appraisals, legal fees, recording fees, commissions, other similar costs, and donations.
20.9This information must be provided for all parties involved in the transaction. The recipient
20.10must also report to the Lessard-Sams Outdoor Heritage Council any difference between
20.11the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal,
20.12if a state-certified or state-reviewed appraisal was conducted. Acquisition data such as
20.13appraisals may remain private during negotiations but must ultimately be made public
20.14according to chapter 13.
20.15(f) Except as otherwise provided in the appropriation, all restoration and
20.16enhancement projects funded with money appropriated from the outdoor heritage fund
20.17must be on land permanently protected by a conservation easement or public ownership or
20.18in public waters as defined in section
20.19(g) To the extent an appropriation is used to acquire an interest in real property,
20.20a recipient of an appropriation from the outdoor heritage fund must provide to the
20.21Lessard-Sams Outdoor Heritage Council and the commissioner of management and
20.22budget an analysis of increased operation and maintenance costs likely to be incurred by
20.23public entities as a result of the acquisition and of how the costs are to be paid.
20.24(h) A recipient of money appropriated from the outdoor heritage fund must give
20.25consideration to Conservation Corps Minnesota for possible use of the corps' services to
20.26contract for restoration and enhancement services.
20.27(i) A recipient of money appropriated from the outdoor heritage fund must erect
20.28signage according to Laws 2009, chapter 172, article 5, section 10.
20.29 Sec. 6. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
20.30to read:
20.31 Subd. 14. Purchase of recycled and recyclable materials. A political subdivision,
20.32public or private corporation, or other entity that receives money appropriated from the
20.33outdoor heritage fund must use the money in compliance with sections
20.34purchase of recycled, repairable, and durable materials, and
20.35and use of paper stock and printing.
21.1 Sec. 7. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
21.2to read:
21.3 Subd. 15. Land acquisition restrictions. (a) An interest in real property, including,
21.4but not limited to, an easement or fee title, that is acquired with money appropriated
21.5from the outdoor heritage fund must be used in perpetuity or for the specific term of an
21.6easement interest for the purpose for which the appropriation was made. The ownership
21.7of the interest in real property transfers to the state if: (1) the holder of the interest in
21.8real property fails to comply with the terms and conditions of the grant agreement or
21.9accomplishment plan; or (2) restrictions are placed on the land that preclude its use for the
21.10intended purpose as specified in the appropriation.
21.11(b) A recipient of funding that acquires an interest in real property subject to this
21.12subdivision may not alter the intended use of the interest in real property or convey any
21.13interest in the real property acquired with the appropriation without the prior review and
21.14approval of the Lessard-Sams Outdoor Heritage Council or its successor. The council
21.15shall notify the chairs and ranking minority members of the legislative committees and
21.16divisions with jurisdiction over the outdoor heritage fund at least 15 business days before
21.17approval under this paragraph. The council shall establish procedures to review requests
21.18from recipients to alter the use of or convey an interest in real property. These procedures
21.19shall allow for the replacement of the interest in real property with another interest in real
21.20property meeting the following criteria:
21.21(1) the interest must be at least equal in fair market value, as certified by the
21.22commissioner of natural resources, to the interest being replaced; and
21.23(2) the interest must be in a reasonably equivalent location and have a reasonably
21.24equivalent useful conservation purpose compared to the interest being replaced, taking
21.25into consideration all effects from fragmentation of the whole habitat.
21.26(c) A recipient of funding who acquires an interest in real property under paragraph
21.27(a) must separately record a notice of funding restrictions in the appropriate local
21.28government office where the conveyance of the interest in real property is filed. The
21.29notice of funding agreement must contain:
21.30(1) a legal description of the interest in real property covered by the funding
21.31agreement;
21.32(2) a reference to the underlying funding agreement;
21.33(3) a reference to this section; and
21.34(4) the following statement: "This interest in real property shall be administered in
21.35accordance with the terms, conditions, and purposes of the grant agreement controlling the
21.36acquisition of the property. The interest in real property, or any portion of the interest in
22.1real property, shall not be sold, transferred, pledged, or otherwise disposed of or further
22.2encumbered without obtaining the prior written approval of the Lessard-Sams Outdoor
22.3Heritage Council or its successor. The ownership of the interest in real property transfers to
22.4the state if: (1) the holder of the interest in real property fails to comply with the terms and
22.5conditions of the grant agreement or accomplishment plan; or (2) restrictions are placed
22.6on the land that preclude its use for the intended purpose as specified in the appropriation."
22.7 Sec. 8. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
22.8to read:
22.9 Subd. 16. Real property interest report. (a) By December 1 each year, a recipient
22.10of money appropriated from the outdoor heritage fund that is used for the acquisition of an
22.11interest in real property, including, but not limited to, an easement or fee title, must submit
22.12annual reports on the status of the real property to the Lessard-Sams Outdoor Heritage
22.13Council or its successor in a form determined by the council. If lands are acquired by fee
22.14with money from the outdoor heritage fund, the real property interest report must include
22.15a verification of the status of the hunting and fishing management plan for the lands
22.16acquired by fee. The responsibility for reporting under this subdivision may be transferred
22.17by the recipient of the appropriation to another person or entity that holds the interest in
22.18the real property. To complete the transfer of reporting responsibility, the recipient of
22.19the appropriation must:
22.20(1) inform the person to whom the responsibility is transferred of that person's
22.21reporting responsibility;
22.22(2) inform the person to whom the responsibility is transferred of the property
22.23restrictions under subdivision 15; and
22.24(3) provide written notice to the council of the transfer of reporting responsibility,
22.25including contact information for the person to whom the responsibility is transferred.
22.26(b) After the transfer, the person or entity that holds the interest in the real property
22.27is responsible for reporting requirements under this subdivision.
22.28 Sec. 9. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
22.29to read:
22.30 Subd. 17. Easement monitoring and enforcement requirements. Money
22.31appropriated from the outdoor heritage fund for easement monitoring and enforcement
22.32may be spent only on activities included in an easement monitoring and enforcement
22.33plan contained within the accomplishment plan. Money received for monitoring and
22.34enforcement, including earnings on the money received, shall be kept in a monitoring
23.1and enforcement fund held by the organization and is appropriated for monitoring and
23.2enforcing conservation easements in the state. Within 120 days after the close of the
23.3entity's fiscal year, an entity receiving appropriations for easement monitoring and
23.4enforcement must provide an annual financial report to the Lessard-Sams Outdoor
23.5Heritage Council on the easement monitoring and enforcement fund as specified in the
23.6accomplishment plan. Money appropriated from the outdoor heritage fund for monitoring
23.7and enforcement of easements and earnings on the money appropriated shall revert
23.8to the state if:
23.9(1) the easement transfers to the state under subdivision 15;
23.10(2) the holder of the easement fails to file an annual report and then fails to cure that
23.11default within 30 days of notification of the default by the state; or
23.12(3) the holder of the easement fails to comply with the terms of the monitoring and
23.13enforcement plan contained within the accomplishment plan and fails to cure that default
23.14within 90 days of notification of the default by the state.
23.15 Sec. 10. Minnesota Statutes 2010, section 97A.056, is amended by adding a
23.16subdivision to read:
23.17 Subd. 18. Successor organizations. The Lessard-Sams Outdoor Heritage Council
23.18may approve the continuation of a project with an organization that has adopted a new
23.19name. Continuation of a project with an organization that has undergone a significant
23.20change in mission, structure, or purpose requires:
23.21(1) notice to the chairs of the legislative committees and divisions with jurisdiction
23.22over the outdoor heritage fund; and
23.23(2) presentation by the council of proposed legislation either ratifying or rejecting
23.24continued involvement with the new organization.
23.25 Sec. 11. Minnesota Statutes 2010, section 97A.056, is amended by adding a
23.26subdivision to read:
23.27 Subd. 19. Fee title acquisitions; open to taking fish and game. (a) Lands acquired
23.28by fee with money appropriated from the outdoor heritage fund that are held by the
23.29state must be open to the public taking of fish and game during the open season, unless
23.30otherwise provided by state law.
23.31(b) Lands acquired by fee with money appropriated from the outdoor heritage fund
23.32that are held by the United States Fish and Wildlife Service must be open to the public
23.33taking of fish and game during the open season according to the National Wildlife Refuge
23.34System Improvement Act, United States Code, title 16, section 668dd, et seq.
24.1(c) Except as provided in paragraph (b), lands acquired by fee with money
24.2appropriated from the outdoor heritage fund that are held by a nonstate entity must be open
24.3to the public taking of fish and game during the open season, unless otherwise prescribed
24.4by the commissioner of natural resources.
24.5EFFECTIVE DATE.This section is effective retroactively to July 1, 2009.
24.6 Sec. 12. Minnesota Statutes 2010, section 97A.056, is amended by adding a
24.7subdivision to read:
24.8 Subd. 20. Pasture land. (a) For the purposes of this subdivision, "pasture" means
24.9any prairie or grassland that had been actively grazed anytime during the ten-year period
24.10prior to acquisition and that is acquired in fee for wildlife management area purposes
24.11under section 86A.05, subdivision 8.
24.12(b) A recipient of money appropriated from the outdoor heritage fund that is used
24.13to acquire, in fee, more than 20 acres of pasture, as defined in paragraph (a), or other
24.14existing or restored prairie or grassland where grazing will be used as a wildlife habitat
24.15management tool shall:
24.16(1) maintain any existing fencing on the land consistent with a grazing management
24.17program;
24.18(2) install new perimeter fencing using funds from the outdoor heritage fund
24.19appropriation, unless perimeter fencing capable of containing livestock for grazing is
24.20already present; and
24.21(3) enter into an agreement or agreements with a livestock owner or owners to
24.22provide sufficient grazing of the pasture to enhance wildlife habitat, including management
24.23of invasive species.
24.24(c) The commissioner must annually report the location, acreage, and years grazed
24.25for land subject to this subdivision.
24.26 Sec. 13. Laws 2011, First Special Session chapter 6, article 1, section 2, subdivision 9,
24.27is amended to read:
| 24.28 |
Subd. 9.Project Requirements |
||||||
24.30appropriation made under this section, an
24.31agency or entity receiving an appropriation
24.32must comply with this subdivision for any
25.1project funded in whole or in part with funds
25.2from the appropriation.
25.3(b) All conservation easements acquired with
25.4money appropriated under this section must:
25.5(1) be permanent; (2) specify the parties to
25.6the easement; (3) specify all of the provisions
25.7of an agreement that are permanent; (4)
25.8specify the habitat types and location
25.9being protected; (5) where appropriate for
25.10conservation or water protection outcomes,
25.11require the grantor to employ practices
25.12retaining water on the eased land as long as
25.13practicable; (6) specify the responsibilities
25.14of the parties for habitat enhancement and
25.15restoration and the associated costs of these
25.16activities; (7) be sent to the office of the
25.17Lessard-Sams Outdoor Heritage Council; (8)
25.18include a long-term stewardship plan and
25.19identify the sources and amount of funding
25.20for monitoring and enforcing the easement
25.21agreement; and (9) identify the parties
25.22responsible for monitoring and enforcing the
25.23easement agreement.
25.24(c) For all restorations, a recipient must
25.25prepare and retain an ecological restoration
25.26and management plan that, to the degree
25.27practicable, is consistent with current
25.28conservation science and ecological goals
25.29for the restoration site. Consideration should
25.30be given to soil, geology, topography, and
25.31other relevant factors that would provide
25.32the best chance for long-term success and
25.33durability of the restoration projects. The
25.34plan must include the proposed timetable for
25.35implementing the restoration, including, but
25.36not limited to, site preparation, establishment
26.1of diverse plant species, maintenance, and
26.2additional enhancement to establish the
26.3restoration; identify long-term maintenance
26.4and management needs of the restoration
26.5and how the maintenance, management,
26.6and enhancement will be financed; and use
26.7current conservation science to achieve the
26.8best restoration.
26.9(d) For new lands acquired, a recipient
26.10must prepare a restoration and management
26.11plan in compliance with paragraph (c),
26.12including identification of sufficient funding
26.13for implementation.
26.14(e) To ensure public accountability for the
26.15use of public funds, a recipient must provide
26.16to the Lessard-Sams Outdoor Heritage
26.17Council documentation of the process
26.18used to select parcels acquired in fee or as
26.19permanent conservation easements and must
26.20provide the council with documentation
26.21of all related transaction costs, including,
26.22but not limited to, appraisals, legal fees,
26.23recording fees, commissions, other similar
26.24costs, and donations. This information
26.25must be provided for all parties involved
26.26in the transaction. The recipient must
26.27also report to the Lessard-Sams Outdoor
26.28Heritage Council any difference between the
26.29acquisition amount paid to the seller and the
26.30state-certified or state-reviewed appraisal, if
26.31a state-certified or state-reviewed appraisal
26.32was conducted. Acquisition data such
26.33as appraisals may remain private during
26.34negotiations but must ultimately be made
26.35public according to Minnesota Statutes,
26.36chapter 13.
27.1(f) Except as otherwise provided in this
27.2section, all restoration and enhancement
27.3projects funded with money appropriated
27.4under this section must be on land
27.5permanently protected by a conservation
27.6easement or public ownership or in public
27.7waters as defined in Minnesota Statutes,
27.8section
27.9(g) To the extent an appropriation is used to
27.10acquire an interest in real property, a recipient
27.11of an appropriation under this section must
27.12provide to the Lessard-Sams Outdoor
27.13Heritage Council and the commissioner
27.14of management and budget an analysis of
27.15increased operations and maintenance costs
27.16likely to be incurred by public entities as
27.17a result of the acquisition and of how these
27.18costs are to be paid.
27.19(h) A recipient of money from an
27.20appropriation under this section must give
27.21consideration to
27.22
27.23for possible use of the corps' services to
27.24contract for restoration and enhancement
27.25services.
27.26
27.27
27.28
27.29(i) A recipient of money under this section
27.30must erect signage according to Laws 2009,
27.31chapter 172, article 5, section 10.
27.32 Sec. 14. LEGACY FUNDING REQUIREMENTS APPLY.
27.33Each direct recipient of money appropriated in this article, as well as each
27.34recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
28.1requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
28.2Special Session chapter 6, article 5.
28.5 Section 1. Minnesota Statutes 2011 Supplement, section 114D.30, subdivision 4, is
28.6amended to read:
28.7 Subd. 4. Terms; compensation; removal. The terms of members representing the
28.8state agencies and the Metropolitan Council are four years and are coterminous with the
28.9governor. The terms of other nonlegislative members of the council shall be as provided
28.10in section
28.11and qualify. Compensation and removal of nonlegislative council members is as provided
28.12in section
28.13determined by the appointing authority. The Pollution Control Agency may reimburse
28.14legislative members for expenses. A vacancy on the council may be filled by the
28.15appointing authority provided in subdivision 1 for the remainder of the unexpired term.
28.16 Sec. 2. Laws 2009, chapter 172, article 2, section 4, as amended by Laws 2010, chapter
28.17361, article 2, section 2, and Laws 2011, First Special Session chapter 6, article 2, section
28.1823, is amended to read:
| 28.19 |
Sec. 4. POLLUTION CONTROL AGENCY |
$ |
24,076,000 |
$ |
27,630,000 |
||
28.21the second year are to develop total
28.22maximum daily load (TMDL) studies and
28.23TMDL implementation plans for waters
28.24listed on the United States Environmental
28.25Protection Agency approved impaired
28.26waters list in accordance with Minnesota
28.27Statutes, chapter 114D. The agency shall
28.28complete an average of ten percent of the
28.29TMDLs each year over the biennium. Of
28.30this amount, $348,000 the first year is to
28.31retest the comprehensive assessment of the
28.32biological conditions of the lower Minnesota
28.33River and its tributaries within the Lower
29.1Minnesota River Major Watershed, as
29.2previously assessed from 1976 to 1992 under
29.3the Minnesota River Assessment Project
29.4(MRAP). The assessment must include the
29.5same fish species sampling at the same 116
29.6locations and the same macroinvertebrate
29.7sampling at the same 41 locations as the
29.8MRAP assessment. The assessment must:
29.9(1) include an analysis of the findings; and
29.10(2) identify factors that limit aquatic life in
29.11the Minnesota River.
29.12Of this amount, $250,000 the first year is
29.13for a pilot project for the development of
29.14total maximum daily load (TMDL) studies
29.15conducted on a watershed basis within
29.16the Buffalo River watershed in order to
29.17protect, enhance, and restore water quality
29.18in lakes, rivers, and streams. The pilot
29.19project shall include all necessary field
29.20work to develop TMDL studies for all
29.21impaired subwatersheds within the Buffalo
29.22River watershed and provide information
29.23necessary to complete reports for most of the
29.24remaining watersheds, including analysis of
29.25water quality data, identification of sources
29.26of water quality degradation and stressors,
29.27load allocation development, development
29.28of reports that provide protection plans
29.29for subwatersheds that meet water quality
29.30standards, and development of reports that
29.31provide information necessary to complete
29.32TMDL studies for subwatersheds that do not
29.33meet water quality standards, but are not
29.34listed as impaired.
30.1(b) $500,000 the first year is for development
30.2of an enhanced TMDL database to manage
30.3and track progress. Of this amount, $63,000
30.4the first year is to promulgate rules. By
30.5November 1, 2010, the commissioner shall
30.6submit a report to the chairs of the house of
30.7representatives and senate committees with
30.8jurisdiction over environment and natural
30.9resources finance on the outcomes achieved
30.10with this appropriation.
30.11(c) $1,500,000 the first year and $3,169,000
30.12the second year are for grants under
30.13Minnesota Statutes, section
30.14political subdivisions for up to 50 percent of
30.15the costs to predesign, design, and implement
30.16capital projects that use storm water or
30.17treated municipal wastewater instead of
30.18groundwater from drinking water aquifers,
30.19in order to demonstrate the beneficial use
30.20of wastewater or storm water, including
30.21the conservation and protection of water
30.22resources. Notwithstanding Minnesota
30.23Statutes, section 116.195, of this amount,
30.24$1,000,000 the first year is for grants to
30.25ethanol plants that are within one and
30.26one-half miles of a city for
30.27
30.28
30.29percent of the costs to predesign, design,
30.30and implement capital improvements that
30.31use storm water, reuse greater than 300,000
30.32gallons of wastewater per day, or use
30.33innovative technology that utilizes effluent
30.34from a commercial water-treatment system
30.35in order to reduce the use of groundwater.
30.36A grant awarded under this paragraph shall
31.1not be used to directly address existing or
31.2projected deficiencies in performance in
31.3order to meet state or federal environmental
31.4regulatory requirements. This appropriation
31.5is available until June 30, 2016.
31.6(d) $1,125,000 the first year and $1,125,000
31.7the second year are for groundwater
31.8assessment and drinking water protection to
31.9include:
31.10(1) the installation and sampling of at least
31.1130 new monitoring wells;
31.12(2) the analysis of samples from at least 40
31.13shallow monitoring wells each year for the
31.14presence of endocrine disrupting compounds;
31.15and
31.16(3) the completion of at least four to
31.17five groundwater models for TMDL and
31.18watershed plans.
31.19(e) $2,500,000 the first year is for the clean
31.20water partnership program. Priority shall be
31.21given to projects preventing impairments and
31.22degradation of lakes, rivers, streams, and
31.23groundwater in accordance with Minnesota
31.24Statutes, section
31.25clause (4). Any balance remaining in the first
31.26year does not cancel and is available for the
31.27second year.
31.28(f) $896,000 the first year is to establish
31.29a network of water monitoring sites, to
31.30include at least 20 additional sites, in public
31.31waters adjacent to wastewater treatment
31.32facilities across the state to assess levels of
31.33endocrine-disrupting compounds, antibiotic
31.34compounds, and pharmaceuticals as required
32.1in this article. The data must be placed on
32.2the agency's Web site.
32.3(g) $155,000 the first year is to provide
32.4notification of the potential for coal tar
32.5contamination, establish a storm water
32.6pond inventory schedule, and develop best
32.7management practices for treating and
32.8cleaning up contaminated sediments as
32.9required in this article. $490,000 the second
32.10year is to provide grants to local units of
32.11government for up to 50 percent of the costs
32.12to implement best management practices to
32.13treat or clean up contaminated sediments
32.14in storm water ponds and other waters as
32.15defined under this article. Local governments
32.16must have adopted an ordinance for the
32.17restricted use of undiluted coal tar sealants
32.18in order to be eligible for a grant, unless a
32.19statewide restriction has been implemented.
32.20A grant awarded under this paragraph must
32.21not exceed $100,000. Up to $145,000 of the
32.22appropriation in the second year may be used
32.23to complete work required under section 28,
32.24paragraph (c).
32.25(h) $350,000 the first year and $600,000 the
32.26second year are for a restoration project in
32.27the lower St. Louis River and Duluth harbor
32.28in order to improve water quality. This
32.29appropriation must be matched by nonstate
32.30money at a rate of at least $2 for every $1 of
32.31state money.
32.32(i) $150,000 the first year and $196,000 the
32.33second year are for grants to the Red River
32.34Watershed Management Board to enhance
32.35and expand existing river watch activities in
33.1the Red River of the North. The Red River
33.2Watershed Management Board shall provide
33.3a report that includes formal evaluation
33.4results from the river watch program to the
33.5commissioners of education and the Pollution
33.6Control Agency and to the legislative natural
33.7resources finance and policy committees
33.8and K-12 finance and policy committees by
33.9February 15, 2011.
33.10(j) $200,000 the first year and $300,000 the
33.11second year are for coordination with the
33.12state of Wisconsin and the National Park
33.13Service on comprehensive water monitoring
33.14and phosphorus reduction activities in the
33.15Lake St. Croix portion of the St. Croix
33.16River. The Pollution Control Agency
33.17shall work with the St. Croix Basin Water
33.18Resources Planning Team and the St. Croix
33.19River Association in implementing the
33.20water monitoring and phosphorus reduction
33.21activities. This appropriation is available
33.22to the extent matched by nonstate sources.
33.23Money not matched by November 15, 2010,
33.24cancels for this purpose and is available for
33.25the purposes of paragraph (a).
33.26(k) $7,500,000 the first year and $7,500,000
33.27the second year are for completion of 20
33.28percent of the needed statewide assessments
33.29of surface water quality and trends. Of this
33.30amount, $175,000 the first year and $200,000
33.31the second year are for monitoring and
33.32analyzing endocrine disruptors in surface
33.33waters.
33.34(l) $100,000 the first year and $150,000
33.35the second year are for civic engagement
34.1in TMDL development. The agency shall
34.2develop a plan for expenditures under
34.3this paragraph. The agency shall give
34.4consideration to civic engagement proposals
34.5from basin or sub-basin organizations,
34.6including the Mississippi Headwaters Board,
34.7the Minnesota River Joint Powers Board,
34.8Area II Minnesota River Basin Projects,
34.9and the Red River Basin Commission.
34.10By November 15, 2009, the plan shall be
34.11submitted to the house and senate chairs
34.12and ranking minority members of the
34.13environmental finance divisions.
34.14(m) $5,000,000 the second year is for
34.15groundwater protection or prevention of
34.16groundwater degradation activities. By
34.17January 15, 2010, the commissioner, in
34.18consultation with the commissioner of
34.19natural resources, the Board of Water and
34.20Soil Resources, and other agencies, shall
34.21submit a report to the chairs of the house of
34.22representatives and senate committees with
34.23jurisdiction over the clean water fund on the
34.24intended use of these funds. The legislature
34.25must approve expenditure of these funds by
34.26law.
34.27Notwithstanding Minnesota Statutes, section
34.29before June 30, 2011, as grants or contracts in
34.30this section are available until June 30, 2013.
34.31 Sec. 3. Laws 2011, First Special Session chapter 6, article 2, section 7, is amended to
34.32read:
| 34.33 34.34 |
Sec. 7. BOARD OF WATER AND SOIL RESOURCES |
$ |
27,534,000 |
$ |
31,734,000 |
||
35.2
35.3for pollution reduction and restoration grants
35.4to local government units and joint powers
35.5organizations of local government units to
35.6protect surface water and drinking water; to
35.7keep water on the land; to protect, enhance,
35.8and restore water quality in lakes, rivers,
35.9and streams; and to protect groundwater
35.10and drinking water, including feedlot water
35.11quality and subsurface sewage treatment
35.12system (SSTS) projects and stream bank,
35.13stream channel, and shoreline restoration
35.14projects. The projects must be of long-lasting
35.15public benefit, include a match, and be
35.16consistent with TMDL implementation plans
35.17or local water management plans.
35.18(b) $3,000,000 the first year and
35.19$3,600,000 the second year are for targeted
35.20local resource protection and enhancement
35.21grants. The board shall give priority
35.22consideration to projects and practices
35.23that complement, supplement, or exceed
35.24current state standards for protection,
35.25enhancement, and restoration of water
35.26quality in lakes, rivers, and streams or that
35.27protect groundwater from degradation. Of
35.28this amount, at least $1,500,000 each year is
35.29for county SSTS implementation.
35.30(c) $900,000 the first year and
35.31$1,200,000 the second year are to
35.32provide state oversight and accountability,
35.33evaluate results, and develop an electronic
35.34system to measure and track the value of
35.35conservation program implementation by
35.36local governments, including submission
36.1to the legislature by March 1 each year
36.2an annual report prepared by the board,
36.3in consultation with the commissioners of
36.4natural resources, health, agriculture, and
36.5the Pollution Control Agency, detailing the
36.6recipients and projects funded under this
36.7section. The board shall require grantees to
36.8specify the outcomes that will be achieved
36.9by the grants prior to any grant awards.
36.10(d) $1,000,000 the first year and
36.11$1,700,000 the second year are for technical
36.12assistance and grants for the conservation
36.13drainage program in consultation with
36.14the Drainage Work Group, created under
36.15Minnesota Statutes, section
36.16subdivision 13
36.17retrofit
36.18systems with water quality improvement
36.19practices, evaluate outcomes, and provide
36.20outreach to landowners, public drainage
36.21authorities, drainage engineers and
36.22contractors, and others. The board shall
36.23coordinate practice standards with the
36.24Natural Resources Conservation Service of
36.25the United States Department of Agriculture
36.26and seek to leverage federal funds as
36.27part of conservation drainage program
36.28implementation.
36.29(e) $6,000,000 the first year and $6,000,000
36.30the second year are to purchase and restore
36.31permanent conservation easements on
36.32riparian buffers adjacent to public waters,
36.33excluding wetlands, to keep water on the
36.34land in order to decrease sediment, pollutant,
36.35and nutrient transport; reduce hydrologic
36.36impacts to surface waters; and increase
37.1infiltration for groundwater recharge. The
37.2riparian buffers must be at least 50 feet
37.3unless there is a natural impediment, a road,
37.4or other impediment beyond the control
37.5of the landowner. This appropriation may
37.6be used for restoration of riparian buffers
37.7protected by easements purchased with
37.8this appropriation and for stream bank
37.9restorations when the riparian buffers have
37.10been restored.
37.11(f) $1,300,000 the first year and
37.12$2,300,000 the second year are for
37.13permanent conservation easements on
37.14wellhead protection areas under Minnesota
37.15Statutes, section
37.16paragraph (d). Priority must be placed on
37.17land that is located where the vulnerability
37.18of the drinking water supply is designated
37.19as high or very high by the commissioner
37.20of health. The board shall coordinate
37.21with the United States Geological Survey,
37.22the commissioners of health and natural
37.23resources, and local communities contained
37.24in the Decorah and St. Lawrence Edge areas
37.25of Winona, Goodhue, Olmsted, and Wabasha
37.26Counties to obtain easements in identified
37.27areas as having the most vulnerability to
37.28groundwater contamination.
37.29(g) $1,500,000 the first year and $1,500,000
37.30the second year are for community partners
37.31grants to local units of government for:
37.32(1) structural or vegetative management
37.33practices that reduce storm water runoff
37.34from developed or disturbed lands to reduce
37.35the movement of sediment, nutrients, and
37.36pollutants for restoration, protection, or
38.1enhancement of water quality in lakes, rivers,
38.2and streams and to protect groundwater
38.3and drinking water; and (2) installation
38.4of proven and effective water retention
38.5practices including, but not limited to, rain
38.6gardens and other vegetated infiltration
38.7basins and sediment control basins in order
38.8to keep water on the land. The projects
38.9must be of long-lasting public benefit,
38.10include a local match, and be consistent with
38.11TMDL implementation plans or local water
38.12management plans. Local government unit
38.13staff and administration costs may be used
38.14as a match.
38.15(h) $84,000 the first year and $84,000 the
38.16second year are for a technical evaluation
38.17panel to conduct up to ten restoration
38.18evaluations under Minnesota Statutes,
38.19section
38.20(i) The board shall contract for services
38.21with Conservation Corps Minnesota for
38.22restoration, maintenance, and other activities
38.23under this section for $500,000 the first year
38.24and $500,000 the second year.
38.25(j) The board may shift grant or cost-share
38.26funds in this section and may adjust the
38.27technical and administrative assistance
38.28portion of the funds to leverage federal or
38.29other nonstate funds or to address oversight
38.30responsibilities or high-priority needs
38.31identified in local water management plans.
38.32(k) The appropriations in this section are
38.33available until June 30, 2016.
38.34 Sec. 4. AQUATIC INVASIVE SPECIES; APPROPRIATION.
39.1(a) $2,200,000 in fiscal year 2013 is appropriated from the clean water fund to
39.2the Board of Regents of the University of Minnesota for research, in consultation with
39.3other institutions of higher learning in Minnesota, on aquatic invasive species that
39.4threaten or have the potential to threaten the water quality of the state's lakes, rivers, and
39.5streams. With the approval of the Board of Regents of the University of Minnesota,
39.6the appropriation shall fund the following within the College of Food, Agricultural and
39.7Natural Resource Sciences' Department of Fisheries, Wildlife and Conservation Biology:
39.8(1) three research assistant professors with three different focus areas, to include
39.9environmental DNA, zebra mussels, and fish ecology;
39.10(2) one fish care technician;
39.11(3) five graduate students within the Department of Fisheries, Wildlife and
39.12Conservation Biology; and
39.13(4) up to $1,050,000 in equipment necessary for the research activities under this
39.14paragraph.
39.15(b) This is a onetime appropriation and is available until June 30, 2018.
39.16 Sec. 5. LEGACY FUNDING REQUIREMENTS APPLY.
39.17All appropriations in this article are onetime and are subject to the requirements
39.18and availability provisions provided under Laws 2011, First Special Session chapter 6,
39.19articles 2 and 5. Each direct recipient of money appropriated in this article, as well as each
39.20recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
39.21requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
39.22Special Session chapter 6, articles 2 and 5.
39.25 Section 1. Laws 2009, chapter 172, article 3, section 3, is amended to read:
| 39.26 |
Sec. 3. METROPOLITAN COUNCIL |
$ |
12,641,000 |
$ |
15,140,000 |
||
39.28$15,140,000 the second year are from the
39.29parks and trails fund to be distributed as
39.30required under new Minnesota Statutes,
39.31section
39.32of this amount, $40,000 the first year is for
39.33a grant to Hennepin County to plant trees
40.1along the Victory Memorial Parkway. For
40.2acquisition of an interest in real property,
40.3appropriations under this section are
40.4available until June 30, 2013.
40.5(b) The Metropolitan Council shall submit
40.6a report on the expenditure and use of
40.7money appropriated under this section to
40.8the legislature as provided in Minnesota
40.9Statutes, section
40.10year. The report must detail the outcomes in
40.11terms of additional use of parks and trails
40.12resources, user satisfaction surveys, and
40.13other appropriate outcomes.
40.14(c) Grant agreements entered into by the
40.15Metropolitan Council and recipients of
40.16money appropriated under this section shall
40.17ensure that the funds are used to supplement
40.18and not substitute for traditional sources of
40.19funding.
40.20(d) The implementing agencies receiving
40.21appropriations under this section shall
40.22give consideration to contracting with the
40.23Minnesota Conservation Corps for contract
40.24restoration, maintenance, and other activities.
40.25EFFECTIVE DATE.This section is effective the day following final enactment.
40.28 Section 1. Minnesota Statutes 2010, section 16B.98, subdivision 5, is amended to read:
40.29 Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is
40.30not valid and the state is not bound by the grant unless:
40.31 (1) the grant has been executed by the head of the agency or a delegate who is
40.32party to the grant;
41.1 (2) the accounting system shows an encumbrance for the amount of the grant in
41.2accordance with policy approved by the commissioner
41.3(3) the grant agreement includes an effective date that references either section
41.416C.05, subdivision 2, or 16B.98, subdivisions 5 and 7, as determined by the granting
41.5agency.
41.6 (b) The combined grant agreement and amendments must not exceed five years
41.7without specific, written approval by the commissioner according to established policy,
41.8procedures, and standards, or unless the commissioner determines that a longer duration is
41.9in the best interest of the state.
41.10 (c) A fully executed copy of the grant agreement with all amendments and other
41.11required records relating to the grant must be kept on file at the granting agency for a time
41.12equal to that required of grantees in subdivision 8.
41.13 (d) Grant agreements must comply with policies established by the commissioner
41.14for minimum grant agreement standards and practices.
41.15 (e) The attorney general may periodically review and evaluate a sample of state
41.16agency grants to ensure compliance with applicable laws.
41.17 Sec. 2. Minnesota Statutes 2010, section 16B.98, subdivision 7, is amended to read:
41.18 Subd. 7. Grant payments. Payments to the grantee may not be issued until the
41.19grant agreement is fully executed. Encumbrances for grants issued by June 30 may be
41.20certified for a period of one year beyond the year in which the funds were originally
41.21appropriated as provided by section 16A.28, subdivision 6.
41.22 Sec. 3. Minnesota Statutes 2010, section 116U.26, is amended to read:
41.23116U.26 FILM PRODUCTION JOBS PROGRAM.
41.24 (a) The film production jobs program is created. The program shall be operated
41.25by the Minnesota Film and TV Board with administrative oversight and control by the
41.26
41.27shall make payment to producers of feature films, national television or Internet programs,
41.28documentaries, music videos, and commercials that directly create new film jobs in
41.29Minnesota. To be eligible for a payment, a producer must submit documentation to the
41.30Minnesota Film and TV Board of expenditures for production costs incurred in Minnesota
41.31that are directly attributable to the production in Minnesota of a film product.
41.32 The Minnesota Film and TV Board shall make recommendations to the
41.33
41.34the
42.1The
42.2eligible production costs submitted for payments. No more than five percent of the funds
42.3appropriated for the program in any year may be expended for administration.
42.4 (b) For the purposes of this section:
42.5 (1) "production costs" means the cost of the following:
42.6 (i) a story and scenario to be used for a film;
42.7 (ii) salaries of talent, management, and labor, including payments to personal
42.8services corporations for the services of a performing artist;
42.9 (iii) set construction and operations, wardrobe, accessories, and related services;
42.10 (iv) photography, sound synchronization, lighting, and related services;
42.11 (v) editing and related services;
42.12 (vi) rental of facilities and equipment; or
42.13 (vii) other direct costs of producing the film in accordance with generally accepted
42.14entertainment industry practice; and
42.15 (2) "film" means a feature film, television or Internet show, documentary, music
42.16video, or television commercial, whether on film, video, or digital media. Film does not
42.17include news, current events, public programming, or a program that includes weather
42.18or market reports; a talk show; a production with respect to a questionnaire or contest; a
42.19sports event or sports activity; a gala presentation or awards show; a finished production
42.20that solicits funds; or a production for which the production company is required under
42.21United States Code, title 18, section 2257, to maintain records with respect to a performer
42.22portrayed in a single-media or multimedia program.
42.23 (c) Notwithstanding any other law to the contrary, the Minnesota Film and TV Board
42.24may make reimbursements of: (1) up to 20 percent of film production costs for films that
42.25locate production outside the metropolitan area, as defined in section
42.262, or that incur production costs in excess of $5,000,000 in the metropolitan area within
42.27a 12-month period; or (2) up to 15 percent of film production costs for films that incur
42.28production costs of $5,000,000 or less in the metropolitan area within a 12-month period.
42.29 Sec. 4. Laws 2011, First Special Session chapter 6, article 4, section 2, subdivision 5,
42.30is amended to read:
| 42.31 42.32 |
Subd. 5.Minnesota Historical Society |
12,050,000 |
12,950,000 |
||||
42.34governing board of the Minnesota Historical
42.35Society to preserve and enhance access to
43.1Minnesota's history and its cultural and
43.2historical resources. Grant agreements
43.3entered into by the Minnesota Historical
43.4Society and other recipients of appropriations
43.5in this subdivision shall ensure that
43.6these funds are used to supplement and
43.7not substitute for traditional sources of
43.8funding. Funds directly appropriated to the
43.9Minnesota Historical Society shall be used to
43.10supplement, and not substitute for, traditional
43.11sources of funding. Notwithstanding
43.12Minnesota Statutes, section
43.13historic preservation projects that improve
43.14historic structures, the amounts are available
43.15until June 30, 2015.
43.16Statewide Historic and Cultural Grants.
43.17$5,250,000 the first year and
43.18$5,450,000 the second year are for history
43.19programs and projects operated or conducted
43.20by or through local, county, regional, or
43.21other historical or cultural organizations; or
43.22for activities to preserve significant historic
43.23and cultural resources. Funds are to be
43.24distributed through a competitive grants
43.25process. The Minnesota Historical Society
43.26shall administer these funds using established
43.27grants mechanisms, with assistance from
43.28the advisory committee created under Laws
43.292009, chapter 172, article 4, section 2,
43.30subdivision 4, paragraph (b), item (ii).
43.31Programs. $4,800,000 the first year and
43.32
43.33for programs and purposes related to the
43.34historical and cultural heritage of the state
43.35of Minnesota, conducted by the Minnesota
43.36Historical Society.
44.1History Partnerships. $1,500,000 the first
44.2year and
44.3year are for partnerships involving multiple
44.4organizations, which may include the
44.5Minnesota Historical Society, to preserve and
44.6enhance access to Minnesota's history and
44.7cultural heritage in all regions of the state.
44.8Statewide Survey of Historical and
44.9Archaeological Sites. $250,000 the first
44.10year and $250,000 the second year are
44.11for a contract or contracts to be let on a
44.12competitive basis to conduct statewide
44.13surveys of Minnesota's sites of historical,
44.14archaeological, and cultural significance.
44.15Results of this survey must be published in
44.16a searchable form, available to the public on
44.17a cost-free basis. The Minnesota Historical
44.18Society, the Office of the State Archaeologist,
44.19and the Indian Affairs Council shall each
44.20appoint a representative to an oversight
44.21board to select contractors and direct the
44.22conduct of these surveys. The oversight
44.23board shall consult with the Departments of
44.24Transportation and Natural Resources.
44.25Digital Library. $250,000 the first year and
44.26$250,000 the second year are for a digital
44.27library project to preserve, digitize, and share
44.28Minnesota images, documents, and historical
44.29materials. The Minnesota Historical Society
44.30shall cooperate with the Minitex interlibrary
44.31loan system and shall jointly share this
44.32appropriation for these purposes.
44.33Commemoration Activities. $100,000
44.34the second year is for activities that
44.35commemorate the sesquicentennial of
45.1the American Civil War and the Dakota
45.2Conflict, as recommended by the Civil War
45.3Commemoration Task Force established in
45.4Executive Order 11-15 (2011).
45.5 Sec. 5. COMMEMORATION PROGRAMMING; APPROPRIATION.
45.6$80,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund
45.7to the commissioner of administration for grants to public broadcasting organizations to
45.8develop programming that commemorates the sesquicentennial of the American Civil War
45.9and the Dakota Conflict. This appropriation is divided as follows:
45.10(1) $15,000 is for a grant to Minnesota Public Radio;
45.11(2) $15,000 is for a grant to the Association of Minnesota Public Educational Radio
45.12Stations; and
45.13(3) $50,000 is for a grant to Twin Cities Public Television to complete production
45.14of two historic documentaries and to develop an educational Web site that provides
45.15Minnesota educators and students with access to documentary content, video segments,
45.16and lesson guides. Notwithstanding Minnesota Statutes, section 129D.17, subdivision 2,
45.17paragraph (f), Twin Cities Public Television may spend a portion of this appropriation for
45.18travel and filming outside of Minnesota.
45.19 Sec. 6. FILM PRODUCTION INCENTIVE PROGRAM; APPROPRIATION.
45.20$600,000 is appropriated in fiscal year 2013 from the arts and cultural heritage
45.21fund to the commissioner of administration for a grant to the Independent Feature
45.22Project/Minnesota for a new film production incentive program. The Independent
45.23Feature Project/Minnesota shall reimburse film producers for eligible production costs
45.24incurred to produce a film or documentary in Minnesota. Eligible production costs are
45.25expenditures incurred in Minnesota that are directly attributable to the production of a
45.26film or documentary in Minnesota. Eligible production costs include talent, management,
45.27labor, set construction and operation, wardrobe, sound synchronization, lighting, editing,
45.28rental facilities and equipment, and other direct costs of producing a film or documentary
45.29in accordance with generally accepted entertainment industry practices. A producer
45.30must agree, to the greatest extent possible, to procure all eligible production inputs
45.31in Minnesota. A producer must submit proper documentation of eligible production
45.32costs incurred. The commissioner of administration may use up to 2-1/2 percent of this
45.33appropriation for grant administration costs.
46.1 Sec. 7. HISTORICAL RULEMAKING WEB SITE; APPROPRIATION.
46.2$35,000 is appropriated in fiscal year 2013 from the arts and cultural heritage fund to
46.3the revisor of statutes to design and implement a Web site to provide the public searchable
46.4access to historical documents relating to state agency rulemaking. It is anticipated that
46.5the revisor of statutes will match this appropriation from carryforward funds and that the
46.6revisor will use the carryforward funds to design and implement a Web site that will
46.7provide the public searchable access to future state agency rulemaking documents.
46.8 Sec. 8. LET'S GO FISHING; APPROPRIATION.
46.9$100,000 in fiscal year 2013 is appropriated from the arts and cultural heritage fund
46.10to the commissioner of natural resources for a grant to Let's Go Fishing of Minnesota to
46.11provide community outreach to senior citizens, youth, and veterans and for the costs
46.12associated with establishing and recruiting new chapters in order to preserve Minnesota's
46.13cultural heritage of fishing. The grants must be matched with cash or in-kind contributions
46.14from nonstate sources.
46.15 Sec. 9. LEGACY FUNDING REQUIREMENTS APPLY.
46.16All appropriations in this article are onetime and are subject to the requirements
46.17and availability provisions provided under Laws 2011, First Special Session chapter 6,
46.18articles 4 and 5. Each direct recipient of money appropriated in this article, as well as each
46.19recipient of a grant awarded pursuant to this article, must satisfy all reporting and other
46.20requirements incumbent upon legacy funding recipients as provided in Laws 2011, First
46.21Special Session chapter 6, articles 4 and 5.
46.22 Sec. 10. GOVERNOR TO URGE PRESIDENTIAL PARDON OF CHASKA.
46.23The governor, in consultation with the chairs of the house and senate committees
46.24with jurisdiction over legacy funds, shall urge the President of the United States to pardon
46.25We-Chank-Wash-ta-don-pee, also known as Chaska, for alleged crimes stemming from
46.26the Dakota Conflict of 1862.