1.1A bill for an act

1.2relating to state government; appropriating money from constitutionally
1.3dedicated funds and providing for expenditure accountability, administration,
1.4and governance of outdoor heritage, clean water, parks and trails, and arts and
1.5cultural heritage purposes; establishing and modifying grants, programs, fees,
1.6and accounts; requiring reports;amending Minnesota Statutes 2008, sections
1.73.971, by adding a subdivision; 97A.056, by adding subdivisions; Minnesota
1.8Statutes 2009 Supplement, sections 85.53, subdivision 2; 103G.271, subdivision
1.96; 114D.50, subdivision 4; 129D.17, subdivision 2; Laws 2009, chapter 172,
1.10article 2, section 4; proposing coding for new law in Minnesota Statutes, chapters
1.113; 103G; repealing Laws 2009, chapter 172, article 5, section 9.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13ARTICLE 1

1.14OUTDOOR HERITAGE

1.15

Section 1. OUTDOOR HERITAGE APPROPRIATION.

1.16The sums shown in the columns marked "Appropriations" are appropriated to the
1.17agencies and for the purposes specified in this article. The appropriations are from the
1.18outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
1.19figures "2010" and "2011" used in this article mean that the appropriations listed under
1.20them are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.
1.21"The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium"
1.22is fiscal years 2010 and 2011. The appropriations in this article are onetime.

`1.23`	APPROPRIATIONS
`1.24`	Available for the Year
`1.25`	Ending June 30
`1.26`		2010	2011

2.1

Sec. 2. OUTDOOR HERITAGE

2.2

Subdivision 1.Total Appropriation

-0-

58,939,000

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.

2.7

Subd. 2.Prairies

-0-

18,093,000

2.8
2.9

(a) Accelerated Prairie Grassland Restoration
and Enhancement Program on DNR Lands

2.10$5,833,000 in fiscal year 2011 is to the
2.11commissioner of natural resources to
2.12accelerate the protection, restoration, and
2.13enhancement of native prairie vegetation.
2.14A list of proposed land acquisitions,
2.15restorations, and enhancements, describing
2.16the types and locations of acquisitions,
2.17restorations, and enhancements, must
2.18be provided as part of the required
2.19accomplishment plan. All restorations must
2.20comply with subdivision 9, paragraph (b).

2.21

(b) The Green Corridor Legacy Program

2.22$1,651,000 in fiscal year 2011 is to the
2.23commissioner of natural resources for
2.24an agreement with the Redwood Area
2.25Communities Foundation to acquire and
2.26restore land for purposes allowed under
2.27the Minnesota Constitution, article XI,
2.28section 15, in Redwood, Renville, Brown,
2.29Nicollet, Murray, Lyon, Yellow Medicine,
2.30Chippewa, and Cottonwood Counties to be
2.31added to the state outdoor recreation system
2.32as defined in Minnesota Statutes, chapter
2.3386A. A list of proposed fee title acquisitions
2.34must be provided as part of the required
3.1accomplishment plan. The commissioner of
3.2natural resources must agree in writing to
3.3each proposed acquisition. All restorations
3.4must comply with subdivision 9, paragraph
3.5(b).

3.6
3.7

3.8$3,015,000 in fiscal year 2011 is to the
3.9commissioner of natural resources for an
3.10agreement with Pheasants Forever to acquire
3.11and restore land to be added to the state
3.12wildlife management area system. A list
3.13of proposed fee title acquisitions and a list
3.14of proposed restoration projects, describing
3.15the types and locations of restorations,
3.16must be provided as part of the required
3.17accomplishment plan. The commissioner of
3.18natural resources must agree in writing to
3.19each proposed acquisition. All restorations
3.20must comply with subdivision 9, paragraph
3.21(b).

3.22
3.23

(d) Northern Tallgrass Prairie National
Wildlife Refuge Protection

3.24$2,041,000 in fiscal year 2011 is to the
3.25commissioner of natural resources for an
3.26agreement with The Nature Conservancy
3.27to acquire land or permanent easements
3.28within the Northern Tallgrass Prairie Habitat
3.29Preservation Area in western Minnesota for
3.30addition to the Northern Tallgrass Prairie
3.31National Wildlife Refuge. A list of proposed
3.32fee title and permanent easement acquisitions
3.33must be provided as part of the required
3.34accomplishment plan. Land removed from
3.35this program shall transfer to the state.
4.1The accomplishment plan must include an
4.2easement stewardship plan.

4.3

(e) Rum River - Cedar Creek Initiative

4.4$1,900,000 in fiscal year 2011 is to the
4.5commissioner of natural resources for an
4.6agreement with Anoka County to acquire fee
4.7title to land at the confluence of the Rum
4.8River and Cedar Creek in Anoka County.
4.9Land acquired in fee must remain open to
4.10hunting and fishing, consistent with the
4.11capacity of the land, during the open season,
4.12as determined in writing by the commissioner
4.13of natural resources. All restorations must
4.14comply with subdivision 9, paragraph (b).

4.15

(f) Minnesota Prairie Recovery Project

4.16$3,653,000 in fiscal year 2011 is to the
4.17commissioner of natural resources for an
4.18agreement with The Nature Conservancy
4.19for a pilot project to acquire interests in
4.20land and restore and enhance prairie and
4.21prairie/wetland habitat in the prairie regions
4.22of western and southwestern Minnesota.
4.23The Nature Conservancy may acquire land
4.24in fee or through permanent conservation
4.25easements. A list of proposed fee title and
4.26permanent conservation easements, and a list
4.27of proposed restorations and enhancements,
4.28must be provided as part of the required
4.29accomplishment plan. All restorations must
4.30comply with subdivision 9, paragraph (b).
4.31The commissioner of natural resources must
4.32agree in writing to each acquisition of interest
4.33in land, restoration project, and enhancement
4.34project. The accomplishment plan must
4.35include an easement stewardship plan.

5.1

Subd. 3.Forests

-0-

5,603,000

5.2
5.3

(a) Critical Shoreline Habitat Protection
Program

5.4$816,000 in fiscal year 2011 is to the
5.5commissioner of natural resources for an
5.6agreement with the Minnesota Land Trust to
5.7acquire permanent conservation easements
5.8protecting critical shoreline habitats in
5.9Koochiching, Cook, Lake, and St. Louis
5.10County portions of the northern forest
5.11area in northern Minnesota and provide
5.12stewardship for those easements. A list of
5.13proposed conservation easement acquisitions
5.14must be provided as part of the required
5.15accomplishment plan. The accomplishment
5.16plan must include an easement stewardship
5.17plan.

5.18
5.19

(b) Protect Key Industrial Forest Land Tracts
in Central Minnesota

5.20$594,000 in fiscal year 2011 is to the
5.21commissioner of natural resources for an
5.22agreement with Cass County to acquire lands
5.23that assist with gaining access for restoration
5.24and enhancement purposes to existing public
5.25land tracts. A list of proposed acquisitions
5.26must be provided as part of the required
5.27accomplishment plan.

5.28
5.29

5.30$843,000 in fiscal year 2011 is to the
5.31commissioner of natural resources
5.32for acceleration of agency programs and
5.33cooperative agreements to acquire interests in
5.34land within the boundaries of the Minnesota
5.35National Guard Army compatible use buffer
6.1(ACUB) program. Of this appropriation,
6.2$225,000 is for the Department of Natural
6.3Resources to acquire land for wildlife
6.4management areas and $618,000 is for an
6.5agreement with the Board of Water and Soil
6.6Resources to acquire permanent conservation
6.7easements. A list of proposed acquisitions
6.8must be provided as part of the required
6.9accomplishment plan.

6.10
6.11

(d) Accelerated Forest Wildlife Habitat
Program

6.12$1,791,000 in fiscal year 2011 is to the
6.13commissioner of natural resources for
6.14acceleration of agency programs to acquire,
6.15in fee, land for state forests and restore and
6.16enhance state forest habitat. A list of projects
6.17including proposed fee title acquisitions
6.18and restorations and enhancements must
6.19be provided as part of the required
6.20accomplishment plan. All restorations must
6.21comply with subdivision 9, paragraph (b).

6.22
6.23

(e) Northeastern Minnesota Sharp-Tailed
Grouse Habitat

6.24$1,559,000 in fiscal year 2011 is to the
6.25commissioner of natural resources for an
6.26agreement with Pheasants Forever to acquire
6.27interests in land, and to restore and enhance
6.28habitat for sharp-tailed grouse in Kanabec,
6.29Aitkin, and St. Louis Counties in cooperation
6.30with the Minnesota Sharp-Tailed Grouse
6.31Society. A list of proposed acquisitions
6.32and a list of proposed restorations and
6.33enhancements must be provided as part of
6.34the required accomplishment plan. The
6.35commissioner of natural resources must
6.36agree in writing to each acquisition of interest
7.1in land, restoration project, and enhancement
7.2project. All restorations must comply with
7.3subdivision 9, paragraph (b).

7.4

Subd. 4.Wetlands

-0-

16,905,000

7.5
7.6

(a) Accelerated Shallow Lake and Wetland
Enhancement and Restoration Program

7.7$6,505,000 in fiscal year 2011 is to the
7.8commissioner of natural resources to assess,
7.9enhance, and restore shallow lake and
7.10wetland habitats, to acquire land in fee or
7.11through permanent conservation easements
7.12for shallow lake program restoration, and to
7.13provide stewardship for acquired easements
7.14in cooperation with Ducks Unlimited, Inc.
7.15Of this appropriation, $1,463,000 is for the
7.16Department of Natural Resources agency
7.17program acceleration and $5,042,000 is for
7.18an agreement with Ducks Unlimited, Inc. A
7.19list of proposed projects, describing the types
7.20and locations of land acquisitions, restoration
7.21projects, and enhancement projects,
7.22must be provided as part of the required
7.23accomplishment plan. The commissioner
7.24of natural resources must agree in writing
7.25to each acquisition, restoration project, and
7.26enhancement project. The accomplishment
7.27plan must include an easement stewardship
7.28plan. All restorations must comply with
7.29subdivision 9, paragraph (b).

7.30
7.31

(b) Accelerate the Waterfowl Production Area
Program in Minnesota

7.32$3,505,000 in fiscal year 2011 is to the
7.33commissioner of natural resources for an
7.34agreement with Pheasants Forever to acquire
7.35and restore wetland and related upland
7.36habitats, in cooperation with the United
8.1States Fish and Wildlife Service and Ducks
8.2Unlimited, Inc., to be managed as waterfowl
8.3production areas. Land removed from this
8.4program shall transfer to the state. A list of
8.5proposed acquisitions and a list of proposed
8.6projects, describing the types and locations
8.7of restorations, must be provided as part
8.8of the required accomplishment plan. All
8.9restorations must comply with subdivision
8.109, paragraph (b).

8.11
8.12

8.13$6,895,000 in fiscal year 2011 is to the Board
8.14of Water and Soil Resources to acquire
8.15permanent conservation easements and
8.16restore wetlands and associated uplands
8.17in cooperation with the United States
8.18Department of Agriculture Wetlands Reserve
8.19Program. A list of proposed acquisitions
8.20and a list of proposed projects, describing
8.21the types and locations of restorations,
8.22must be provided as part of the required
8.23accomplishment plan. All restorations must
8.24comply with subdivision 9, paragraph (b).

8.25

Subd. 5.Habitat

-0-

17,563,000

8.26

(a) Metro Big Rivers Habitat Program

8.27$2,397,000 in fiscal year 2011 is to the
8.28commissioner of natural resources for
8.29agreements for projects to protect, restore,
8.30and enhance natural systems of the Minnesota
8.31River, St. Croix River, Mississippi River,
8.32and their major tributaries as follows:
8.33$500,000 with Minnesota Valley National
8.34Wildlife Refuge Trust, Inc. for fee title land
8.35acquisition, provided that land acquired
9.1with this appropriation shall transfer to
9.2the state if removed from the Minnesota
9.3Valley National Wildlife Refuge; $1,500,000
9.4with the Trust for Public Land for fee title
9.5land acquisition; $227,300 with the Friends
9.6of the Mississippi River for restoration,
9.7enhancement, and conservation easement
9.8acquisition; and $169,700 with Great River
9.9Greening for restoration and enhancement.
9.10The accomplishment plan must include an
9.11easement stewardship plan. All restorations
9.12must comply with subdivision 9, paragraph
9.13(b).

9.14
9.15

(b) Accelerated Aquatic Management Area
Acquisition

9.16$3,416,000 in fiscal year 2011 is to the
9.17commissioner of natural resources to
9.18accelerate land acquisition by fee title and
9.19easements to be added to the state aquatic
9.20management area system as defined in
9.21Minnesota Statutes, chapter 86A, and to
9.22restore and enhance stream habitat and lake
9.23habitat. Land acquired in fee must remain
9.24open to hunting and fishing, consistent
9.25with the capacity of the land, during the
9.26open season, as determined in writing by
9.27the commissioner of natural resources.
9.28A list of proposed fee title and easement
9.29acquisitions, stream habitat restorations and
9.30enhancements, and lake habitat restorations
9.31and enhancements must be provided as part
9.32of the required accomplishment plan.

9.33
9.34

9.35$1,269,000 in fiscal year 2011 is to the
9.36commissioner of natural resources for
10.1an agreement with Trout Unlimited to
10.2restore, enhance, and protect cold water
10.3river and stream habitats in Minnesota. A
10.4list of proposed acquisitions and a list of
10.5proposed projects, describing the types and
10.6locations of restorations and enhancements,
10.7must be provided as part of the required
10.8accomplishment plan. The commissioner of
10.9natural resources must agree in writing to
10.10each proposed acquisition, restoration, and
10.11enhancement. All restorations must comply
10.12with subdivision 9, paragraph (b).

10.13
10.14

(d) Dakota County Riparian and Lakeshore
Protection and Restoration

10.15$2,097,000 in fiscal year 2011 is to the
10.16commissioner of natural resources for
10.17an agreement with Dakota County for
10.18acquisition of permanent easements and
10.19enhancement and restoration of aquatic
10.20and associated upland habitat. A list of
10.21proposed acquisitions and restorations
10.22must be provided as part of the required
10.23accomplishment plan. The accomplishment
10.24plan must include an easement stewardship
10.25plan. All restorations must comply with
10.26subdivision 9, paragraph (b).

10.27

(e) Valley Creek Protection Partnership

10.28$1,218,000 in fiscal year 2011 is to the
10.29commissioner of natural resources for
10.30agreements on projects to protect, restore,
10.31and enhance natural systems of Valley Creek
10.32in Washington County as follows: $838,000
10.33with Minnesota Land Trust; $218,000 with
10.34Washington County; $100,000 with the
10.35Belwin Conservancy; $50,000 with Trout
11.1Unlimited; and $12,000 with the Valley
11.2Branch Watershed District. All restorations
11.3must comply with subdivision 9, paragraph
11.4(b).

11.5
11.6

(f) Anoka Sand Plain Restoration and
Enhancement

11.7$747,000 in fiscal year 2011 is to the
11.8commissioner of natural resources for
11.9an agreement with Great River Greening
11.10to restore and enhance habitat on public
11.11property in the Anoka Sand Plain in Anoka,
11.12Chisago, Isanti, Benton, Washington,
11.13Morrison, and Sherburne Counties. All
11.14restorations must comply with subdivision
11.159, paragraph (b).

11.16
11.17

(g) Lower Mississippi River Habitat
Restoration Acceleration

11.18$1,000,000 in fiscal year 2011 is to
11.19the commissioner of natural resources
11.20to accelerate agency programs and for
11.21cooperative agreements to acquire land in
11.22the Root River watershed. A list of proposed
11.23acquisitions must be provided as part of
11.24the required accomplishment plan. The
11.25commissioner of natural resources must
11.26agree in writing to each proposed acquisition,
11.27restoration, and enhancement. All
11.28restorations must comply with subdivision
11.299, paragraph (b).

11.30
11.31

(h) Washington County St. Croix River Land
Protection

11.32$1,033,000 in fiscal year 2011 is to the
11.33commissioner of natural resources for an
11.34agreement with Washington County to
11.35acquire permanent easements to protect
11.36habitat associated with the St. Croix River
12.1Valley. A list of proposed acquisitions
12.2must be provided as part of the required
12.3accomplishment plan. The accomplishment
12.4plan must include an easement stewardship
12.5plan.

12.6
12.7

(i) Outdoor Heritage Conservation Partners
Grant Program

12.8$4,386,000 in fiscal year 2011 is to the
12.9commissioner of natural resources for a
12.10program to provide competitive, matching
12.11grants of up to $400,000 to local, regional,
12.12state, and national organizations, including
12.13government, for enhancement, restoration,
12.14or protection of forests, wetlands, prairies,
12.15and habitat for fish, game, or wildlife
12.16in Minnesota. Up to four percent of
12.17this appropriation may be used by the
12.18commissioner of natural resources for
12.19administering the grant program. Grantees
12.20may acquire land or interests in land.
12.21Easements must be permanent. Land
12.22acquired in fee must be open to hunting
12.23and fishing during the open season unless
12.24otherwise provided by state law. The
12.25commissioner of natural resources must
12.26agree in writing to each proposed acquisition
12.27of land or interest in land. The program
12.28shall require a cash match of at least ten
12.29percent nonstate funds, and for projects
12.30funded by the legislature after July 1, 2010,
12.31the match shall be 20 percent. The criteria
12.32for evaluating grant applications must
12.33include, in a balanced and equally weighted
12.34order of precedence, the amount of habitat
12.35restored, enhanced, or protected; local
12.36support; degree of collaboration; urgency;
13.1capacity to achieve multiple benefits;
13.2habitat benefits provided; consistency with
13.3current conservation science; adjacency
13.4to protected lands; full funding of the
13.5project; supplementing existing funding;
13.6public access for hunting and fishing during
13.7the open season; sustainability; and use
13.8of native plant materials. All projects
13.9must conform to the Minnesota statewide
13.10conservation and preservation plan. Wildlife
13.11habitat projects must also conform to the
13.12Minnesota wildlife action plan. Subject to
13.13the evaluation criteria and requirements of
13.14this paragraph and Minnesota Statutes, the
13.15commissioner of natural resources shall give
13.16priority to organizations that have a history
13.17or charter to receive private contributions
13.18for local conservation or habitat projects
13.19when evaluating projects of equal value.
13.20Priority may be given to projects acquiring
13.21land or easements associated with existing
13.22wildlife management areas. All restoration
13.23or enhancement projects must be on land
13.24permanently protected by conservation
13.25easement or public ownership. Subdivision
13.269 applies to grants awarded under this
13.27paragraph. All restorations must comply
13.28with subdivision 9, paragraph (b). This
13.29appropriation is available until June 30, 2014,
13.30at which time all grant project work must
13.31be completed and final products delivered,
13.32unless an earlier date is specified in the grant
13.33agreement. No less than five percent of the
13.34amount of each grant must be held back from
13.35reimbursement until the grant recipient has
13.36completed a grant accomplishment report
14.1by the deadline and in the form prescribed
14.2by and satisfactory to the Lessard-Sams
14.3Outdoor Heritage Council.

14.4

Subd. 6.Administration and Other Provisions

-0-

775,000

14.5

(a) Contract Management

14.6$175,000 in fiscal year 2011 is to the
14.7commissioner of natural resources for
14.8contract management duties assigned in
14.9this section. All determinations, findings,
14.10or decisions of the commissioner pursuant
14.11to this act must be made in writing and
14.12available to the public.

14.13

(b) Legislative Coordinating Commission

14.14$600,000 in fiscal year 2011 is to the
14.15Legislative Coordinating Commission for
14.16administrative expenses of the Lessard-Sams
14.17Outdoor Heritage Council and for
14.18compensation and expense reimbursement
14.19of council members.

14.20
14.21

14.22Travel to and from site visits by council
14.23members that are paid for under paragraph
14.24(b) are not meetings of the council for the
14.25purpose of receiving information under
14.26Minnesota Statutes, section 97A.056,
14.27subdivision 5.

14.28

Subd. 7.Availability of Appropriation

14.29Money appropriated in this section may
14.30not be spent on activities unless they are
14.31directly related to and necessary for a
14.32specific appropriation and are specified in the
14.33accomplishment plan. Money appropriated
14.34in this section must not be spent on indirect
15.1costs or other institutional overhead charges.
15.2Unless otherwise provided, the amounts
15.3in this section are available until June 30,
15.42013, when projects must be completed and
15.5final accomplishments reported. Funds for
15.6restoration or enhancement are available
15.7until June 30, 2015, or four years after
15.8acquisition, whichever is later, in order to
15.9complete restoration or enhancement work.
15.10If a project receives federal funds, the time
15.11period of the appropriation is extended to
15.12equal the availability of federal funding.
15.13Funds appropriated for fee title acquisition of
15.14land may be used to restore and enhance land
15.15acquired with the appropriation.

15.16

Subd. 8.Accomplishment Plans

15.17It is a condition of acceptance of the
15.18appropriations made by this section that the
15.19agency or entity using the appropriation shall
15.20submit to the council an accomplishment
15.21plan and periodic accomplishment
15.22reports in the form determined by the
15.23Lessard-Sams Outdoor Heritage Council.
15.24The accomplishment plan must account for
15.25the use of the appropriation and outcomes
15.26of the expenditure in measures of wetlands,
15.27prairies, forests, and fish, game, and wildlife
15.28habitat restored, protected, and enhanced.
15.29The plan must include an evaluation of
15.30results. None of the money provided in this
15.31section may be expended unless the council
15.32has approved the pertinent accomplishment
15.33plan.

15.34

Subd. 9.Project Requirements

16.1(a) As a condition of accepting an
16.2appropriation in this section, any agency
16.3or entity receiving an appropriation must
16.4comply with this subdivision for any project
16.5funded in whole or in part with funds from
16.6the appropriation.
16.7(b) To the extent possible, a person
16.8conducting restoration with money
16.9appropriated in this section must plant
16.10vegetation or sow seed only of ecotypes
16.11native to Minnesota, and preferably of the
16.12local ecotype, using a high diversity of
16.13species originating from as close to the
16.14restoration site as possible, and protect
16.15existing native prairies, grasslands, forests,
16.16wetlands, and other aquatic systems from
16.17genetic contamination.
16.18(c) All conservation easements acquired with
16.19money appropriated in this section must: (1)
16.20be permanent; (2) specify the parties to an
16.21easement; (3) specify all of the provisions of
16.22an agreement that are permanent; (4) specify
16.23the habitat types and location being protected;
16.24(5) require the grantor to employ practices
16.25retaining water on the eased land as long as
16.26practicable; (6) specify the responsibilities
16.27of the parties for habitat enhancement and
16.28restoration and the associated costs of these
16.29activities; (7) be sent to the office of the
16.30Lessard-Sams Outdoor Heritage Council; (8)
16.31include a long-term stewardship plan and
16.32identify the sources and amount of funding
16.33for monitoring and enforcing the easement
16.34agreement; and (9) identify the parties
16.35responsible for monitoring and enforcing the
16.36easement agreement.
17.1(d) For all restorations, a recipient must
17.2prepare and retain an ecological restoration
17.3and management plan that, to the degree
17.4practicable, is consistent with current
17.5conservation science and ecological goals
17.6for the restoration site. Consideration should
17.7be given to soil, geology, topography, and
17.8other relevant factors that would provide
17.9the best chance for long-term success of the
17.10restoration projects. The plan shall include
17.11the proposed timetable for implementing
17.12the restoration, including, but not limited
17.13to, site preparation, establishment of
17.14diverse plant species, maintenance, and
17.15additional enhancement to establish the
17.16restoration; identify long-term maintenance
17.17and management needs of the restoration
17.18and how the maintenance, management, and
17.19enhancement will be financed; and use the
17.20current conservation science to achieve the
17.21best restoration.
17.22(e) For new lands acquired, a recipient
17.23must prepare a restoration and management
17.24plan in compliance with paragraph (d),
17.25including identification of sufficient funding
17.26for implementation.
17.27(f) To ensure public accountability for the
17.28use of public funds, a recipient must provide
17.29to the Lessard-Sams Outdoor Heritage
17.30Council documentation of the selection
17.31process used to identify parcels acquired
17.32in fee or permanent conservation easement
17.33and provide the council with documentation
17.34of all related transaction costs, including,
17.35but not limited to, appraisals, legal fees,
17.36recording fees, commissions, other similar
18.1costs, and donations. This information
18.2must be provided for all parties involved
18.3in the transaction. The recipient shall
18.4also report to the Lessard-Sams Outdoor
18.5Heritage Council any difference between the
18.6acquisition amount paid to the seller and the
18.7state-certified or state-reviewed appraisal, if
18.8a state-certified or state-reviewed appraisal
18.9was conducted. Acquisition data such
18.10as appraisals may remain private during
18.11negotiations but must ultimately be made
18.12public according to Minnesota Statutes,
18.13chapter 13.
18.14(g) All restoration and enhancement projects
18.15funded with money appropriated in this
18.16section must be on land permanently
18.17protected by a conservation easement or
18.18public ownership.
18.19(h) To the extent an appropriation is used to
18.20acquire an interest in real property, a recipient
18.21of an appropriation under this section must
18.22provide to the Lessard-Sams Outdoor
18.23Heritage Council and the commissioner
18.24of management and budget an analysis of
18.25increased operations and maintenance costs
18.26likely to be incurred by public entities as
18.27a result of the acquisition and of how these
18.28costs are to be paid.
18.29(i) A recipient of money from an
18.30appropriation in this section must give
18.31consideration to and make timely written
18.32contact with the Minnesota Conservation
18.33Corps or its successor for consideration of
18.34possible use of their services to contract for
18.35restoration and enhancement services. A
19.1copy of the written contact must be filed with
19.2the Lessard-Sams Outdoor Heritage Council
19.3within 15 days of execution.
19.4(j) A recipient of money from this section
19.5must erect signage according to Laws 2009,
19.6chapter 172, article 5, section 10.

19.7
19.8

Subd. 10.Payment Conditions and Capital
Equipment Expenditures

19.9All agreements, grants, or contracts referred
19.10to in this section must be administered on
19.11a reimbursement basis unless otherwise
19.12provided in this section. Notwithstanding
19.13Minnesota Statutes, section 16A.41,
19.14expenditures directly related to each
19.15appropriation's purpose made on or after July
19.161, 2010, are eligible for reimbursement unless
19.17otherwise provided in this section. Periodic
19.18reimbursement must be made upon receiving
19.19documentation that the deliverable items
19.20articulated in the approved accomplishment
19.21plan have been achieved, including partial
19.22achievements as evidenced by approved
19.23progress reports. Reasonable amounts may
19.24be advanced to projects to accommodate
19.25cash flow needs or to match federal share.
19.26The advances must be approved as part of
19.27the accomplishment plan. Capital equipment
19.28expenditures for specific items in excess of
19.29$10,000 must be approved as part of the
19.30accomplishment plan.

19.31
19.32

Subd. 11.Purchase of Recycled and Recyclable
Materials

19.33A political subdivision, public or private
19.34corporation, or other entity that receives an
19.35appropriation in this section must use the
19.36appropriation in compliance with Minnesota
20.1Statutes, section 16B.121, regarding
20.2purchase of recycled, repairable, and durable
20.3materials, and section 16B.122, regarding
20.4purchase and use of paper stock and printing.

20.5

Subd. 12.Accessibility

20.6Structural and nonstructural facilities must
20.7meet the design standards in the Americans
20.8with Disabilities Act (ADA) accessibility
20.9guidelines.

20.10

Subd. 13.Land Acquisition Restrictions

20.11(a) An interest in real property, including, but
20.12not limited to, an easement or fee title, that is
20.13acquired with money appropriated under this
20.14section must be used in perpetuity.
20.15(b) A recipient of funding who acquires
20.16an interest in real property subject to this
20.17subdivision may not alter the intended use of
20.18the interest in real property or convey any
20.19interest in the real property acquired with the
20.20appropriation without the prior review and
20.21preliminary approval of the Lessard-Sams
20.22Outdoor Heritage Council or its successor.
20.23The council shall establish procedures to
20.24review requests from recipients to alter the
20.25use of or convey an interest in real property.
20.26These procedures shall allow for the
20.27replacement of the interest in real property
20.28with another interest in real property meeting
20.29the following criteria: (1) the interest is at
20.30least equal in fair market value, as certified
20.31in writing by the commissioner of natural
20.32resources, to the interest being replaced; and
20.33(2) the interest is in a reasonably equivalent
20.34location and has a reasonably equivalent
20.35useful conservation purpose compared to the
21.1interest being replaced. The Lessard-Sams
21.2Outdoor Heritage Council or its successor
21.3must submit legislation seeking legislative
21.4approval for changes given preliminary
21.5approval under this paragraph.
21.6(c) A recipient of funding who acquires an
21.7interest in real property under paragraph
21.8(a) must separately record a notice of
21.9funding restrictions in the appropriate local
21.10government office where the conveyance
21.11of the interest in real property is filed. The
21.12notice of funding agreement must contain:
21.13(1) a legal description of the interest in real
21.14property covered by the funding agreement;
21.15(2) a reference to the underlying funding
21.16agreement; (3) a reference to this section; and
21.17(4) the following statement: "This interest
21.18in real property shall be administered in
21.19accordance with the terms, conditions, and
21.20purposes of the grant agreement controlling
21.21the acquisition of the property. The interest
21.22in real property, or any portion of the
21.23interest in real property, shall not be sold,
21.24transferred, pledged, or otherwise disposed
21.25of or further encumbered without obtaining
21.26the prior written preliminary approval of the
21.27Lessard-Sams Outdoor Heritage Council or
21.28its successor, and final legislative approval.
21.29The ownership of the interest in real property
21.30shall transfer to the state if: (1) the holder of
21.31the interest in real property fails to comply
21.32with the terms and conditions of the grant
21.33agreement or accomplishment plan; or
21.34(2) restrictions are placed on the land that
21.35preclude its use for the intended purpose as
21.36specified in the appropriation."

22.1

Subd. 14.Real Property Interest Report

22.2By December 1 each year, a recipient of
22.3money appropriated under this section that
22.4is used for the acquisition of an interest in
22.5real property, including, but not limited to,
22.6an easement or fee title, must submit annual
22.7reports on the status of the real property to
22.8the Lessard-Sams Outdoor Heritage Council
22.9or its successor in a form determined by the
22.10council. The responsibility for reporting
22.11under this section may be transferred by
22.12the recipient of the appropriation to another
22.13person or entity that holds the interest in the
22.14real property. To complete the transfer of
22.15reporting responsibility, the recipient of the
22.16appropriation must: (1) inform the person to
22.17whom the responsibility is transferred of that
22.18person's reporting responsibility; (2) inform
22.19the person to whom the responsibility is
22.20transferred of the property restrictions under
22.21subdivision 13; (3) provide written notice
22.22to the council of the transfer of reporting
22.23responsibility, including contact information
22.24for the person to whom the responsibility is
22.25transferred; and (4) provide the Lessard-Sams
22.26Outdoor Heritage Council or its successor
22.27written documentation from the person or
22.28entity holding the interest in real property
22.29certifying its acceptance of all reporting
22.30obligations and responsibilities previously
22.31held by the recipient of the appropriation.
22.32After the transfer, the person or entity that
22.33holds the interest in the real property is
22.34responsible for reporting requirements under
22.35this section.

23.1

Subd. 15.Successor Organizations

23.2The Lessard-Sams Outdoor Heritage council
23.3may approve the continuation of a project
23.4with an organization that has adopted a new
23.5name. Continuation of a project with an
23.6organization that has undergone a significant
23.7change in mission, structure, or purpose
23.8will require: (1) notice to the chairs of
23.9committees with relevant jurisdiction; and (2)
23.10presentation by the Lessard-Sams Outdoor
23.11Heritage Council of proposed legislation
23.12either ratifying or rejecting continued
23.13involvement with the new organization.

23.14    Sec. 3. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision
23.15to read:
23.16    Subd. 8. Land management option. The council shall develop options for a
23.17method to assess each recommended project a land management fee. A land management
23.18fee is a payment on a onetime basis of all projected costs for the reasonable management,
23.19care, restoration, and protection of land acquired through fee title or easement. The
23.20council shall also recommend options for methods to escrow these fees, and to provide
23.21oversight for payment of future costs from these escrow funds. Legislative proposals
23.22pursuant to this section shall be adopted by the council by September 1, 2010, and a fee
23.23complying with this mechanism shall be included as a part of all recommended projects
23.24from July 2011 onward.
23.25EFFECTIVE DATE.This section is effective the day following final enactment.

23.26    Sec. 4. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision
23.27to read:
23.28    Subd. 9. Lands in public domain. No funds appropriated from the outdoor heritage
23.29fund shall be used to purchase any land in fee title, or permanent conservation easement,
23.30if the land in question is fully or partially owned by the state of Minnesota or a political
23.31subdivision of the state for a conservation purpose.
23.32EFFECTIVE DATE.This section is effective on July 1, 2010, and applies only to
23.33projects proposed after that date.

24.1ARTICLE 2

24.2CLEAN WATER

24.3

Section 1. CLEAN WATER FUND APPROPRIATIONS.

24.4 The sums shown in the columns marked "Appropriations" are appropriated to the
24.5agencies and for the purposes specified in this article. The appropriations are from the
24.6clean water fund, or another named fund, and are available for the fiscal years indicated
24.7for each purpose. The figures "2010" and "2011" used in this article mean that the
24.8appropriations listed under them are available for the fiscal year ending June 30, 2010,
24.9or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is
24.10fiscal year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the
24.11fiscal year ending June 30, 2010, are effective the day following final enactment. All
24.12appropriations in this article are onetime only.

`24.13`	APPROPRIATIONS
`24.14`	Available for the Year
`24.15`	Ending June 30
`24.16`		2010	2011

24.17

Sec. 2. POLLUTION CONTROL AGENCY

-0-

310,000

24.18$310,000 the second year is for continued
24.19rulemaking to establish water quality
24.20standards for total nitrogen and nitrate
24.21nitrogen.

24.22
24.23

Sec. 3. DEPARTMENT OF NATURAL
RESOURCES

-0-

5,000,000

24.24$5,000,000 the second year shall be
24.25transferred to the metropolitan area
24.26groundwater monitoring account established
24.27under Minnesota Statutes, section 103G.272,
24.28to be used by the commissioner of natural
24.29resources for the following purposes:
24.30(1) establish a groundwater monitoring
24.31network in the 11-county metropolitan area
24.32that monitors nonstressed systems to provide
24.33information on aquifer characteristics and
25.1natural water level and water quality trends;
25.2and
25.3(2) develop an automated data system,
25.4including existing wells, to capture
25.5groundwater level and water use data to
25.6enhance the evaluation of water resource
25.7changes in aquifer systems that are stressed
25.8by pumping of existing wells.
25.9The commissioner shall collaborate with the
25.10commissioners of health and the Pollution
25.11Control Agency in designing the methods
25.12used to collect and evaluate the data.

25.13
25.14

Sec. 4. BOARD OF WATER AND SOIL
RESOURCES

-0-

1,615,000

25.15(a) $558,000 the second year is to purchase
25.16and restore permanent conservation
25.17easements on riparian buffers of up to 120
25.18feet adjacent to public waters, excluding
25.19wetlands, to keep water on the land in
25.20order to decrease sediment, pollutant, and
25.21nutrient transport, reduce hydrologic impacts
25.22to surface waters, and increase infiltration
25.23for groundwater recharge. The riparian
25.24buffers must be at least 50 feet unless
25.25there is a natural impediment, a road, or
25.26other impediment beyond the control of
25.27the landowner. This appropriation may
25.28be used for restoration of riparian buffers
25.29protected by easements purchased with
25.30this appropriation and for stream bank
25.31restorations when the riparian buffers have
25.32been restored. Up to five percent may be
25.33used for administration of this program and
25.34up to five percent may be used for technical
25.35design, construction, and project oversight.
26.1(b) $557,000 the second year is for grants
26.2to watershed districts and watershed
26.3management organizations for: (1) structural
26.4or vegetative management practices that
26.5reduce storm water runoff from developed
26.6or disturbed lands to reduce the movement
26.7of sediment, nutrients, and pollutants or
26.8to leverage federal funds for restoration,
26.9protection, or enhancement of water quality
26.10in lakes, rivers, and streams and to protect
26.11groundwater and drinking water; and (2)
26.12the installation of proven and effective
26.13water retention practices including, but not
26.14limited to, rain gardens and other vegetated
26.15infiltration basins and sediment control
26.16basins in order to keep water on the land.
26.17The projects must be of long-lasting public
26.18benefit, include a local match, and be
26.19consistent with TMDL implementation plans
26.20or local water management plans. Watershed
26.21district and watershed management
26.22organization staff and administration may
26.23be used for the local match. Priority may be
26.24given to school projects that can be used to
26.25demonstrate water retention practices. Up to
26.26five percent may be used for administering
26.27the grants and up to five percent may be
26.28used for technical design, construction, and
26.29project oversight.
26.30(c) $500,000 the second year is for
26.31permanent conservation easements on
26.32wellhead protection areas under Minnesota
26.33Statutes, section 103F.515, subdivision 2,
26.34paragraph (d). Priority must be placed on
26.35land that is located where the vulnerability
26.36of the drinking water supply management
27.1area, as defined under Minnesota Rules,
27.2part 4720.5100, subpart 13, is designated as
27.3high or very high by the commissioner of
27.4health. Up to five percent may be used for
27.5administration of this program and up to five
27.6percent may be used for technical design,
27.7construction, and project oversight.
27.8(d) The Star Lake Board, established under
27.9Minnesota Statutes, section 103B.702, shall
27.10provide recommendations to the Board of
27.11Water and Soil Resources on a set of criteria
27.12that could be used to designate a lake or river
27.13as a "Minnesota Star Lake" or "Minnesota
27.14Star River."
27.15(e) The appropriations in fiscal year 2011 to
27.16the Board of Water and Soil Resources in
27.17Laws 2009, chapter 172, article 2, section
27.186, are available until June 30, 2012, and,
27.19unless otherwise specified, may utilize up to
27.20five percent for administration of grant and
27.21easement programs and up to five percent for
27.22technical design, construction, and project
27.23oversight.

27.24    Sec. 5. Minnesota Statutes 2009 Supplement, section 103G.271, subdivision 6, is
27.25amended to read:
27.26    Subd. 6. Water use permit processing fee. (a) Except as described in paragraphs
27.27(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
27.28accordance with the schedule of fees in this subdivision for each water use permit in force
27.29at any time during the year. The schedule is as follows, with the stated fee in each clause
27.30applied to the total amount appropriated:
27.31    (1) $140 for amounts not exceeding 50,000,000 gallons per year;
27.32    (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
27.33than 100,000,000 gallons per year;
27.34    (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
27.35than 150,000,000 gallons per year;
28.1    (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but
28.2less than 200,000,000 gallons per year;
28.3    (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
28.4than 250,000,000 gallons per year;
28.5    (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but
28.6less than 300,000,000 gallons per year;
28.7    (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
28.8than 350,000,000 gallons per year;
28.9    (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
28.10less than 400,000,000 gallons per year;
28.11    (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
28.12than 450,000,000 gallons per year;
28.13    (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
28.14less than 500,000,000 gallons per year; and
28.15    (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
28.16    (b) For once-through cooling systems, a water use processing fee must be prescribed
28.17by the commissioner in accordance with the following schedule of fees for each water use
28.18permit in force at any time during the year:
28.19    (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
28.20    (2) for all other users, $420 per 1,000,000 gallons.
28.21    (c) The fee is payable based on the amount of water appropriated during the year
28.22and, except as provided in paragraph (f), the minimum fee is $100.
28.23    (d) For water use processing fees other than once-through cooling systems:
28.24    (1) the fee for a city of the first class may not exceed $250,000 per year;
28.25    (2) the fee for other entities for any permitted use may not exceed:
28.26    (i) $60,000 per year for an entity holding three or fewer permits;
28.27    (ii) $90,000 per year for an entity holding four or five permits; or
28.28    (iii) $300,000 per year for an entity holding more than five permits;
28.29    (3) the fee for agricultural irrigation may not exceed $750 per year;
28.30    (4) the fee for a municipality that furnishes electric service and cogenerates steam
28.31for home heating may not exceed $10,000 for its permit for water use related to the
28.32cogeneration of electricity and steam; and
28.33    (5) no fee is required for a project involving the appropriation of surface water to
28.34prevent flood damage or to remove flood waters during a period of flooding, as determined
28.35by the commissioner.
29.1    (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
29.2percent per month calculated from the original due date must be imposed on the unpaid
29.3balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
29.4may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
29.5governmental agency holding a water appropriation permit.
29.6    (f) The minimum water use processing fee for a permit issued for irrigation of
29.7agricultural land is $20 for years in which:
29.8    (1) there is no appropriation of water under the permit; or
29.9    (2) the permit is suspended for more than seven consecutive days between May 1
29.10and October 1.
29.11    (g) A surcharge of $30 per million gallons in addition to the fee prescribed in
29.12paragraph (a) shall be applied to the volume of water used in each of the months of June,
29.13July, and August that exceeds the volume of water used in January for municipal water
29.14use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities
29.15with more than one permit shall be determined based on the total appropriations from all
29.16permits that supply a common distribution system.
29.17(h) Beginning January 1, 2010, until June 30, 2015, a water monitoring fee of .0008
29.18cents per gallon shall be applied to the volume of groundwater used in the counties
29.19of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne,
29.20Washington, and Wright. Beginning July 1, 2015, or when the groundwater monitoring
29.21wells have been completed, whichever is earlier and thereafter, the fee shall be .0006 cents
29.22per gallon. Fees collected under this paragraph must be credited to the metropolitan area
29.23groundwater monitoring matching account established in section 103G.272.

29.24    Sec. 6. [103G.272] METROPOLITAN AREA GROUNDWATER MONITORING
29.25MATCHING ACCOUNT.
29.26A metropolitan area groundwater monitoring matching account is created in the
29.27natural resources fund. Money in the account is appropriated to the commissioner of
29.28natural resources to provide local matching funds for monitoring the groundwater quantity
29.29and quality of nonstressed systems in the 11-county metropolitan area, to include the
29.30installation, maintenance, and sealing of new or existing groundwater level monitoring
29.31wells, monitoring equipment, groundwater data analysis, and data management systems.
29.32Money received from the water monitoring fee under section 103G.271, subdivision 6,
29.33paragraph (h), and interest earned on the account shall be deposited into the account.

29.34    Sec. 7. Laws 2009, chapter 172, article 2, section 4, is amended to read:

30.1
30.2

Sec. 4. POLLUTION CONTROL AGENCY

24,076,000

~~27,285,000~~
22,785,000

30.3(a) $9,000,000 the first year and $9,000,000
30.4the second year are to develop total
30.5maximum daily load (TMDL) studies and
30.6TMDL implementation plans for waters
30.7listed on the United States Environmental
30.8Protection Agency approved impaired
30.9waters list in accordance with Minnesota
30.10Statutes, chapter 114D. The agency shall
30.11complete an average of ten percent of the
30.12TMDLs each year over the biennium. Of
30.13this amount, $348,000 the first year is to
30.14retest the comprehensive assessment of the
30.15biological conditions of the lower Minnesota
30.16River and its tributaries within the Lower
30.17Minnesota River Major Watershed, as
30.18previously assessed from 1976 to 1992 under
30.19the Minnesota River Assessment Project
30.20(MRAP). The assessment must include the
30.21same fish species sampling at the same 116
30.22locations and the same macroinvertebrate
30.23sampling at the same 41 locations as the
30.24MRAP assessment. The assessment must:
30.25(1) include an analysis of the findings; and
30.26(2) identify factors that limit aquatic life in
30.27the Minnesota River.
30.28Of this amount, $250,000 the first year is
30.29for a pilot project for the development of
30.30total maximum daily load (TMDL) studies
30.31conducted on a watershed basis within
30.32the Buffalo River watershed in order to
30.33protect, enhance, and restore water quality
30.34in lakes, rivers, and streams. The pilot
30.35project shall include all necessary field
31.1work to develop TMDL studies for all
31.2impaired subwatersheds within the Buffalo
31.3River watershed and provide information
31.4necessary to complete reports for most of the
31.5remaining watersheds, including analysis of
31.6water quality data, identification of sources
31.7of water quality degradation and stressors,
31.8load allocation development, development
31.9of reports that provide protection plans
31.10for subwatersheds that meet water quality
31.11standards, and development of reports that
31.12provide information necessary to complete
31.13TMDL studies for subwatersheds that do not
31.14meet water quality standards, but are not
31.15listed as impaired.
31.16(b) $500,000 the first year is for development
31.17of an enhanced TMDL database to manage
31.18and track progress. Of this amount, $63,000
31.19the first year is to promulgate rules. By
31.20November 1, 2010, the commissioner shall
31.21submit a report to the chairs of the house of
31.22representatives and senate committees with
31.23jurisdiction over environment and natural
31.24resources finance on the outcomes achieved
31.25with this appropriation.
31.26(c) $1,500,000 the first year and $3,169,000
31.27the second year are for grants under
31.28Minnesota Statutes, section 116.195, to
31.29political subdivisions for up to 50 percent
31.30of the costs to predesign, design, and
31.31implement capital projects that use treated
31.32municipal wastewater instead of groundwater
31.33from drinking water aquifers, in order to
31.34demonstrate the beneficial use of wastewater,
31.35including the conservation and protection of
31.36water resources. Of this amount, $1,000,000
32.1the first year is for grants to ethanol plants
32.2that are within one and one-half miles of a
32.3city for improvements that reuse greater than
32.4300,000 gallons of wastewater per day.
32.5(d) $1,125,000 the first year and $1,125,000
32.6the second year are for groundwater
32.7assessment and drinking water protection to
32.8include:
32.9(1) the installation and sampling of at least
32.1030 new monitoring wells;
32.11(2) the analysis of samples from at least 40
32.12shallow monitoring wells each year for the
32.13presence of endocrine disrupting compounds;
32.14and
32.15(3) the completion of at least four to
32.16five groundwater models for TMDL and
32.17watershed plans.
32.18(e) $2,500,000 the first year is for the clean
32.19water partnership program. Priority shall be
32.20given to projects preventing impairments and
32.21degradation of lakes, rivers, streams, and
32.22groundwater in accordance with Minnesota
32.23Statutes, section 114D.20, subdivision 2,
32.24clause (4). Any balance remaining in the first
32.25year does not cancel and is available for the
32.26second year.
32.27(f) $896,000 the first year is to establish
32.28a network of water monitoring sites, to
32.29include at least 20 additional sites, in public
32.30waters adjacent to wastewater treatment
32.31facilities across the state to assess levels of
32.32endocrine-disrupting compounds, antibiotic
32.33compounds, and pharmaceuticals as required
32.34in this article. The data must be placed on
32.35the agency's Web site.
33.1(g) $155,000 the first year is to provide
33.2notification of the potential for coal tar
33.3contamination, establish a storm water
33.4pond inventory schedule, and develop best
33.5management practices for treating and
33.6cleaning up contaminated sediments as
33.7required in this article. ~~$345,000~~ $645,000
33.8the second year is ~~to develop a model~~
33.9~~ordinance for the restricted use of undiluted~~
33.10~~coal tar sealants and~~ to provide grants to local
33.11units of government for up to 50 percent of
33.12the costs to implement best management
33.13practices to treat or clean up contaminated
33.14sediments in storm water ponds and other
33.15waters as defined under this article. Local
33.16governments must have adopted an ordinance
33.17for the restricted use of undiluted coal tar
33.18sealants in order to be eligible for a grant,
33.19unless a statewide restriction has been
33.20implemented. A grant awarded under this
33.21paragraph must not exceed $100,000. Up to
33.22$145,000 of the appropriation in the second
33.23year may be used to complete work required
33.24under section 28, paragraph (c).
33.25(h) $350,000 the first year and ~~$400,000~~
33.26$600,000 the second year are for a restoration
33.27project in the lower St. Louis River and
33.28Duluth harbor in order to improve water
33.29quality. This appropriation must be matched
33.30by nonstate money at a rate of at least $2 for
33.31every $1 of state money.
33.32(i) $150,000 the first year and $196,000 the
33.33second year are for grants to the Red River
33.34Watershed Management Board to enhance
33.35and expand existing river watch activities in
33.36the Red River of the North. The Red River
34.1Watershed Management Board shall provide
34.2a report that includes formal evaluation
34.3results from the river watch program to the
34.4commissioners of education and the Pollution
34.5Control Agency and to the legislative natural
34.6resources finance and policy committees
34.7and K-12 finance and policy committees by
34.8February 15, 2011.
34.9(j) $200,000 the first year and $300,000 the
34.10second year are for coordination with the
34.11state of Wisconsin and the National Park
34.12Service on comprehensive water monitoring
34.13and phosphorus reduction activities in the
34.14Lake St. Croix portion of the St. Croix
34.15River. The Pollution Control Agency
34.16shall work with the St. Croix Basin Water
34.17Resources Planning Team and the St. Croix
34.18River Association in implementing the
34.19water monitoring and phosphorus reduction
34.20activities. This appropriation is available
34.21to the extent matched by nonstate sources.
34.22Money not matched by November 15, 2010,
34.23cancels for this purpose and is available for
34.24the purposes of paragraph (a).
34.25(k) $7,500,000 the first year and $7,500,000
34.26the second year are for completion of 20
34.27percent of the needed statewide assessments
34.28of surface water quality and trends. Of this
34.29amount, $175,000 the first year and $200,000
34.30the second year are for monitoring and
34.31analyzing endocrine disruptors in surface
34.32waters.
34.33(l) $100,000 the first year and $150,000
34.34the second year are for civic engagement
34.35in TMDL development. The agency shall
35.1develop a plan for expenditures under
35.2this paragraph. The agency shall give
35.3consideration to civic engagement proposals
35.4from basin or sub-basin organizations,
35.5including the Mississippi Headwaters Board,
35.6the Minnesota River Joint Powers Board,
35.7Area II Minnesota River Basin Projects,
35.8and the Red River Basin Commission.
35.9By November 15, 2009, the plan shall be
35.10submitted to the house and senate chairs
35.11and ranking minority members of the
35.12environmental finance divisions.
35.13~~(m) $5,000,000 the second year is for~~
35.14~~groundwater protection or prevention of~~
35.15~~groundwater degradation activities. By~~
35.16~~January 15, 2010, the commissioner, in~~
35.17~~consultation with the commissioner of~~
35.18~~natural resources, the Board of Water and~~
35.19~~Soil Resources, and other agencies, shall~~
35.20~~submit a report to the chairs of the house of~~
35.21~~representatives and senate committees with~~
35.22~~jurisdiction over the clean water fund on the~~
35.23~~intended use of these funds. The legislature~~
35.24~~must approve expenditure of these funds by~~
35.25~~law.~~
35.26(n) $100,000 the first year and $100,000 the
35.27second year are for grants to the Star Lake
35.28Board established under Minnesota Statutes,
35.29section 103B.702. The appropriation is a
35.30pilot program to focus on engaging citizen
35.31participation and fostering local partnerships
35.32by increasing citizen involvement in water
35.33quality enhancement by designating star
35.34lakes and rivers. The board shall include
35.35information on the results of this pilot
35.36program in its next biennial report under
36.1Minnesota Statutes, section 103B.702. The
36.2second year grants are available only if
36.3the Board of Water and Soil Resources
36.4determines that the money granted in the first
36.5year furthered the water quality goals in the
36.6star lakes program in Minnesota Statutes,
36.7section 103B.701. * (The preceding
36.8paragraph beginning "(n) $100,000 the
36.9first year" was indicated as vetoed by the
36.10governor.)
36.11Notwithstanding Minnesota Statutes, section
36.1216A.28 , the appropriations encumbered on or
36.13before June 30, 2011, as grants or contracts in
36.14this section are available until June 30, 2013.

36.15ARTICLE 3

36.16GENERAL PROVISIONS

36.17    Section 1. Minnesota Statutes 2008, section 3.971, is amended by adding a subdivision
36.18to read:
36.19    Subd. 9. Restoration audits. The legislative auditor, at the direction of the
36.20Legislative Audit Commission, shall conduct restoration audits on a portion of land
36.21restorations funded in whole or in part with state funds to determine whether the activities
36.22and programs funded with state funds, including the outdoor heritage fund, the parks and
36.23trails fund, the clean water fund, the environment and natural resources trust fund, and
36.24state-issued bonds, are accomplishing restoration goals. The audit must include a critical
36.25analysis of the restoration goals and objectives, scientific evaluation of the results, and
36.26the effectiveness of the restorations in meeting applicable restoration requirements. The
36.27legislative auditor shall hire or contract with scientists and other appropriate persons to
36.28meet this requirement. Restoration audits shall be funded out of the fund that funded the
36.29restoration, when possible. For the purposes of this section, a "restoration audit" is a
36.30scientific evaluation of an area of land that has been restored in order to determine whether
36.31the restoration meets applicable requirements for the restoration.
36.32EFFECTIVE DATE.This section is effective the day following final enactment.

36.33    Sec. 2. [3.9715] PAYMENT FROM HERITAGE FUNDS FOR AUDIT COSTS.
37.1The outdoor heritage fund, the clean water fund, the parks and trails fund, and the
37.2arts and cultural heritage fund, established in the Minnesota Constitution, article XI,
37.3section 15, must each pay the legislative auditor for costs incurred by the legislative
37.4auditor to examine financial activities related to each fund. The legislative auditor shall
37.5provide cost data to the commissioner of management and budget to determine the amount
37.6of the required payments. The amount required to make these payments is appropriated
37.7from each fund for payments to the legislative auditor under this section. Amounts
37.8received by the legislative auditor under this section are appropriated to the legislative
37.9auditor for purposes of examining financial activities related to each fund. The legislative
37.10auditor shall report by January 15 each year to the chairs and ranking minority members of
37.11the house of representatives and senate funding divisions with jurisdiction over the Office
37.12of the Legislative Auditor and the funds established in the Minnesota Constitution, article
37.13XI, section 15, on past and projected future expenditure of funds under this section.

37.14    Sec. 3. Minnesota Statutes 2009 Supplement, section 85.53, subdivision 2, is amended
37.15to read:
37.16    Subd. 2. Expenditures; accountability. (a) A project or program receiving funding
37.17from the parks and trails fund must meet or exceed the constitutional requirement to
37.18support parks and trails of regional or statewide significance. A project or program
37.19receiving funding from the parks and trails fund must include measurable outcomes, as
37.20defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the
37.21results. A project or program must be consistent with current science and incorporate
37.22state-of-the-art technology, except when the project or program is a portrayal or restoration
37.23of historical significance.
37.24(b) Money from the parks and trails fund shall be expended to balance the benefits
37.25across all regions and residents of the state.
37.26(c) All information for funded projects, including the proposed measurable
37.27outcomes, must be made available on the Web site required under section 3.303,
37.28subdivision 10, as soon as practicable. Information on the measured outcomes and
37.29evaluation must be posted as soon as it becomes available.
37.30(d) Grants funded by the parks and trails fund must be implemented according to
37.31section 16B.98 and must account for all expenditures. Proposals must specify a process
37.32for any regranting envisioned. Priority for grant proposals must be given to proposals
37.33involving grants that will be competitively awarded.
37.34(e) A recipient of money from the parks and trails fund ~~must display a sign on lands~~
37.35~~and capital improvements purchased, restored, or protected with money from the parks~~
38.1~~and trails fund that includes the logo developed by the commissioner of natural resources~~
38.2~~to identify it as a project funded with money from the vote of the people of Minnesota on~~
38.3~~November 4, 2008.~~ shall display, where practicable, a sign with the logo selected by the
38.4Board of the Arts as follows when funded by the parks and trails fund: on construction
38.5projects; at access points to any land or water resources acquired in fee or a less-than-fee
38.6title interest; and on lands that were restored, protected, or enhanced. A recipient shall
38.7also incorporate the logo, where practicable, into printed and other materials funded
38.8with money from the parks and trails fund.
38.9(f) Money from the parks and trails fund may only be spent on projects located
38.10in Minnesota.

38.11    Sec. 4. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision
38.12to read:
38.13    Subd. 10. Logo. A recipient of money from the outdoor heritage fund shall display,
38.14where practicable, a sign with the logo selected by the Board of the Arts as follows
38.15when funded by the outdoor heritage fund: on construction projects; at access points to
38.16any land or water resources acquired in fee or a less-than-fee title interest; and on lands
38.17that were restored, protected, or enhanced. A recipient shall also incorporate the logo,
38.18where practicable, into printed and other materials funded with money from the outdoor
38.19heritage fund.

38.20    Sec. 5. Minnesota Statutes 2009 Supplement, section 114D.50, subdivision 4, is
38.21amended to read:
38.22    Subd. 4. Expenditures; accountability. (a) A project receiving funding from the
38.23clean water fund must meet or exceed the constitutional requirements to protect, enhance,
38.24and restore water quality in lakes, rivers, and streams and to protect groundwater and
38.25drinking water from degradation. Priority may be given to projects that meet more than
38.26one of these requirements. A project receiving funding from the clean water fund shall
38.27include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for
38.28measuring and evaluating the results. A project must be consistent with current science
38.29and incorporate state-of-the-art technology.
38.30(b) Money from the clean water fund shall be expended to balance the benefits
38.31across all regions and residents of the state.
38.32(c) All information for proposed and funded projects, including the proposed
38.33measurable outcomes, must be made available on the Web site required under section
38.343.303, subdivision 10 , as soon as practicable. Information on the measured outcomes and
39.1evaluation must be posted as it becomes available. Information classified as not public
39.2under section 13D.05, subdivision 3, paragraph (d), is not required to be placed on the
39.3Web site.
39.4(d) Grants funded by the clean water fund must be implemented according to section
39.516B.98 and must account for all expenditures. Proposals must specify a process for any
39.6regranting envisioned. Priority for grant proposals must be given to proposals involving
39.7grants that will be competitively awarded.
39.8(e) Money from the clean water fund may only be spent on projects that benefit
39.9Minnesota waters.
39.10(f) A recipient of money from the clean water fund shall display, where practicable,
39.11a sign with the logo selected by the Board of the Arts as follows when funded by the clean
39.12water fund: on construction projects; at access points to any land or water resources
39.13acquired in fee or a less-than-fee title interest; and on lands that were restored, protected,
39.14or enhanced. A recipient shall also incorporate the logo, where practicable, into printed
39.15and other materials funded with money from the clean water fund.

39.16    Sec. 6. Minnesota Statutes 2009 Supplement, section 129D.17, subdivision 2, is
39.17amended to read:
39.18    Subd. 2. Expenditures; accountability. (a) Funding from the arts and cultural
39.19heritage fund may be spent only for arts, arts education, and arts access, and to preserve
39.20Minnesota's history and cultural heritage. A project or program receiving funding from
39.21the arts and cultural heritage fund must include measurable outcomes, and a plan for
39.22measuring and evaluating the results. A project or program must be consistent with
39.23current scholarship, or best practices, when appropriate and incorporate state-of-the-art
39.24technology when appropriate.
39.25(b) Funding from the arts and cultural heritage fund may be granted for an entire
39.26project or for part of a project so long as the recipient provides a description and cost for
39.27the entire project and can demonstrate that it has adequate resources to ensure that the
39.28entire project will be completed.
39.29(c) Money from the arts and cultural heritage fund shall be expended for benefits
39.30across all regions and residents of the state.
39.31(d) All information for funded projects, including the proposed measurable
39.32outcomes, must be made available on the Legislative Coordinating Commission Web
39.33site, as soon as practicable. Information on the measured outcomes and evaluation must
39.34be posted as soon as it becomes available.
40.1(e) Grants funded by the arts and cultural heritage fund must be implemented
40.2according to section 16B.98 and must account for all expenditures of funds. Priority for
40.3grant proposals must be given to proposals involving grants that will be competitively
40.4awarded.
40.5(f) A recipient of money from the arts and cultural heritage fund must display a sign
40.6with the logo selected by the Board of the Arts on capital projects during construction and
40.7an acknowledgment in a printed program or other material funded with money from the
40.8arts and cultural heritage fund that identifies it as a project funded with money from the
40.9~~vote of the people of Minnesota on November 4, 2008~~ arts and cultural heritage fund.
40.10(g) All money from the arts and cultural heritage fund must be for projects located
40.11in Minnesota.

40.12    Sec. 7. FUNDS CARRYOVER.
40.13Unless otherwise provided, the amounts appropriated in Laws 2009, chapter 172,
40.14are available until June 30, 2011. For acquisition of an interest in real property, the
40.15amounts in Laws 2009, chapter 172, are available until June 30, 2012. If a project receives
40.16federal funds, the time period of the appropriation is extended to equal the availability
40.17of federal funding.

40.18    Sec. 8. REPEALER.
40.19Laws 2009, chapter 172, article 5, section 9, is repealed.