1.1.................... moves to amend H.F. No. 1231 as follows:
1.2Delete everything after the enacting clause and insert:

1.5	Section 1. OUTDOOR HERITAGE APPROPRIATION.

1.6The sums shown in the columns marked "Appropriations" are appropriated to the
1.7agencies and for the purposes specified in this article. The appropriations are from the
1.8outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
1.9figures "2010" and "2011" used in this article mean that the appropriations listed under
1.10them are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.
1.11"The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium"
1.12is fiscal years 2010 and 2011.

1.13				APPROPRIATIONS
1.14				Available for the Year
1.15				Ending June 30
1.16					2010		2011

1.17

Sec. 2. OUTDOOR HERITAGE

1.18

Subdivision 1.Total Appropriation

$

69,230,000

$

-0-

1.19This appropriation is from the outdoor
1.20heritage fund.
1.21The amounts that may be spent for each
1.22purpose are specified in the following
1.23subdivisions.

1.24

Subd. 2.Prairies

14,213,000

-0-

2.1 2.2

(a) Accelerated Prairie and Grassland Management

2.3$1,700,000 in fiscal year 2010 is to the
2.4commissioner of natural resources to
2.5accelerate the restoration and enhancement
2.6of native prairie vegetation on public
2.7lands, including roadsides. A list of
2.8proposed projects, describing the types and
2.9locations of restorations and enhancements,
2.10must be provided as part of the required
2.11accomplishment plan. To the extent possible,
2.12prairie restorations conducted with money
2.13appropriated in this section must plant
2.14vegetation or sow seed only of ecotypes
2.15native to Minnesota, and preferably of the
2.16local ecotype, using a high diversity of
2.17species originating from as close to the
2.18restoration site as possible, and protect
2.19existing native prairies from genetic
2.20contamination.

2.21

(b) Green Corridor Legacy Program

2.22$1,617,000 in fiscal year 2010 is to the
2.23commissioner of natural resources for an
2.24agreement with the Southwest Initiative
2.25Foundation or successor to acquire land for
2.26purposes allowed under Article XI, Section
2.2715 of the constitution in Redwood County
2.28to be added to the state outdoor recreation
2.29system as defined in Minnesota Statutes
2.30chapter 86A. A list of proposed fee title
2.31acquisitions must be provided as part of
2.32the required accomplishment plan. The
2.33commissioner of natural resources must
2.34agree to each proposed acquisition. No more
2.35than five percent of this appropriation may
3.1be spent on professional services directly
3.2related to this appropriation's purposes.

3.3 3.4

(c) Prairie Heritage Fund – Acquisition and Restoration

3.5$3,000,000 in fiscal year 2010 is to the
3.6commissioner of natural resources for
3.7an agreement with Pheasants Forever or
3.8successor to acquire and restore land to
3.9be added to the state wildlife management
3.10area system. A list of proposed fee title
3.11acquisitions and a list of proposed restoration
3.12projects, describing the types and locations
3.13of restorations, must be provided as part
3.14of the required accomplishment plan. The
3.15commissioner of natural resources must
3.16agree to each proposed acquisition. To
3.17the extent possible, prairie restorations
3.18conducted with money appropriated in this
3.19section must plant vegetation or sow seed
3.20only of ecotypes native to Minnesota, and
3.21preferably of the local ecotype, using a high
3.22diversity of species originating from as
3.23close to the restoration site as possible, and
3.24protect existing native prairies from genetic
3.25contamination.

3.26 3.27

(d) Accelerated Prairie Grassland Wildlife Management Area Acquisition

3.28$3,913,000 in fiscal year 2010 is to the
3.29commissioner of natural resources to
3.30acquire land for wildlife management areas
3.31with native prairie or grassland habitats.
3.32A list of proposed fee title acquisitions
3.33must be provided as part of the required
3.34accomplishment plan.

3.35 3.36

(e) Northern Tall Grass Prairie National Wildlife Refuge Protection

4.1$1,583,000 in fiscal year 2010 is to the
4.2commissioner of natural resources for an
4.3agreement with the United States Fish
4.4and Wildlife Service to acquire land or
4.5permanent easements within the Northern
4.6Tall Grass Prairie Habitat Preservation Area
4.7in western Minnesota. The commissioner
4.8may advance funds to the United States Fish
4.9and Wildlife Service. A list of proposed fee
4.10title and permanent easement acquisitions
4.11must be provided as part of the required
4.12accomplishment plan. Land acquired for
4.13these purposes must remain in the possession
4.14of a state or local government or private party
4.15based in Minnesota; a permanent easement
4.16may be granted.

4.17

(f) Bluffland Prairie Protection Initiative

4.18$500,000 in fiscal year 2010 is to the
4.19commissioner of natural resources for an
4.20agreement with the Minnesota Land Trust or
4.21successor to acquire permanent easements
4.22protecting critical prairie and grassland
4.23habitats in the blufflands in southeastern
4.24Minnesota. A list of proposed fee title
4.25and permanent easement acquisitions
4.26must be provided as part of the required
4.27accomplishment plan.

4.28

(g) Rum River – Cedar Creek Initiative

4.29$1,900,000 in fiscal year 2010 is to the
4.30commissioner of natural resources for an
4.31agreement with Anoka County to acquire
4.32land at the confluence of the Rum River and
4.33Cedar Creek in Anoka County. Acquired
4.34land must remain open to hunting and
4.35fishing, consistent with the capacity of the
5.1land, during the open season, as determined
5.2by the commissioner of natural resources.
5.3This is the first of two planned appropriations
5.4for this acquisition.

5.5

Subd. 3.Forests

20,000,000

-0-

5.6$20,000,000 in fiscal year 2010 is to the
5.7commissioner of natural resources to acquire
5.8land or permanent working forest easements
5.9on private forests in areas identified through
5.10the state forest for the future program.
5.11Priority must be given to acquiring land
5.12or interests in private lands within existing
5.13Minnesota state forest boundaries. Any
5.14easements acquired must have a forest
5.15management plan as described in Minnesota
5.16Statutes, section 290C.02, subdivision 7.
5.17A list of proposed fee title and easement
5.18acquisitions must be provided as part of
5.19the required accomplishment plan. The
5.20appropriation is available for closings taking
5.21place after April 30, 2010. This is the first of
5.22two planned appropriations for this program.
5.23The commissioner shall, prior to acquiring
5.24land or interests under this provision, certify
5.25in writing that sound management of such
5.26land is assured, and sufficient assurance is
5.27contained in the legally binding language of
5.28any agreement. This written determination
5.29by the commissioner shall be published in
5.30the State Register.

5.31

Subd. 4.Wetlands

20,536,000

-0-

5.32 5.33

(a) Accelerated Wildlife Management Area Acquisition

5.34$2,900,000 in fiscal year 2010 is to the
5.35commissioner of natural resources to
6.1acquire land for wildlife management areas.
6.2A list of proposed fee title acquisitions
6.3must be provided as part of the required
6.4accomplishment plan.

6.5 6.6

(b) Accelerated Shallow Lake Restorations and Enhancements

6.7$2,528,000 in fiscal year 2010 is to the
6.8commissioner of natural resources for
6.9an agreement with Ducks Unlimited,
6.10Inc. or successor to restore and enhance
6.11shallow lake habitats. Up to $400,000
6.12of this appropriation may be used for
6.13permanent easements related to shallow
6.14lake restorations and enhancements. A
6.15list of proposed easements and projects,
6.16describing the types and locations of
6.17easements, restorations, and enhancements,
6.18must be provided as part of the required
6.19accomplishment plan. The commissioner
6.20of natural resources must agree to each
6.21easement, restoration, and enhancement.

6.22 6.23

(c) Accelerate the Waterfowl Production Area Program in Minnesota

6.24$5,600,000 in fiscal year 2010 is to the
6.25commissioner of natural resources for
6.26an agreement with Pheasants Forever or
6.27successor to acquire and restore wetland and
6.28related upland habitats, in cooperation with
6.29the United States Fish and Wildlife Service
6.30and Ducks Unlimited, Inc. or successor, to
6.31be managed as waterfowl production areas.
6.32A list of proposed acquisitions and a list of
6.33proposed projects, describing the types and
6.34locations of restorations, must be provided as
6.35part of the required accomplishment plan.

7.1

(d) Shallow Lake Critical Shoreland

7.2$450,000 in fiscal year 2010 is to the
7.3commissioner of natural resources for an
7.4agreement with Ducks Unlimited, Inc. or
7.5successor to protect habitat by acquiring
7.6land associated with shallow lakes. A list of
7.7proposed acquisitions must be provided as
7.8part of the required accomplishment plan.
7.9The commissioner of natural resources must
7.10agree to each proposed acquisition.

7.11 7.12

(e) Reinvest in Minnesota Wetlands Reserve Program Acquisition and Restoration

7.13$9,058,000 in fiscal year 2010 is to the Board
7.14of Water and Soil Resources to acquire
7.15permanent easements and restore wetlands
7.16and associated uplands in cooperation with
7.17the United States Department of Agriculture
7.18Wetlands Reserve Program. A list of
7.19proposed acquisitions and a list of proposed
7.20projects, describing the types and locations
7.21of restorations, must be provided as part of
7.22the required accomplishment plan.

7.23

Subd. 5.Fish, Game, and Wildlife Habitat

13,903,000

-0-

7.24 7.25

(a) Outdoor Heritage Conservation Partners Grant Program

7.26$4,000,000 in fiscal year 2010 is to the
7.27commissioner of natural resources to
7.28provide competitive, matching grants of up to
7.29$400,000 to local, regional, state, and national
7.30organizations, including government, for
7.31enhancement, restoration, or protection of
7.32forests, wetlands, prairies, and habitat for
7.33fish, game, or wildlife in Minnesota. Up
7.34to 2-1/2 percent of this appropriation may
7.35be used for administering the grant. The
8.1funds may be advanced in three equal sums,
8.2on or after November 1, 2009, February
8.31, 2010, and April 1, 2010. Grantees may
8.4protect land through acquisition of land
8.5or interests in land. Easements must be
8.6permanent. Land acquired in fee must
8.7be open to hunting and fishing during the
8.8open season unless otherwise provided by
8.9state law. The commissioner of natural
8.10resources must agree to each proposed
8.11acquisition of land or interest in land.
8.12The program shall require a match of at
8.13least $1 nonstate funds to $10 state funds.
8.14Nonstate dollars match may be in-kind. The
8.15criteria for evaluating grant applications
8.16must include amount of habitat restored,
8.17enhanced, or protected; local support; degree
8.18of collaboration; urgency; multiple benefits;
8.19habitat benefits provided; consistency with
8.20sound conservation science; adjacency to
8.21protected lands; full funding of the project;
8.22supplementing existing funding; public
8.23access for hunting and fishing during the
8.24open season; sustainability; and use of native
8.25plant materials. All projects must conform
8.26to the Minnesota statewide conservation and
8.27preservation plan. Wildlife habitat projects
8.28must also conform to the state wildlife action
8.29plan. Priority shall be given to projects
8.30acquiring land or easements associated
8.31with existing wildlife management areas.
8.32All restoration or enhancement projects
8.33must be on land permanently protected by
8.34conservation easement or public ownership.
8.35To the extent possible, prairie restorations
8.36conducted with money appropriated in this
9.1section must plant vegetation or sow seed
9.2only of ecotypes native to Minnesota, and
9.3preferably of the local ecotype, using a high
9.4diversity of species originating from as
9.5close to the restoration site as possible, and
9.6protect existing native prairies from genetic
9.7contamination. Subdivision 10 applies to
9.8grants awarded under this paragraph. This
9.9appropriation is available until June 30,
9.102013, at which time all grant projects must
9.11be completed and final products delivered,
9.12unless an earlier date is specified in the grant
9.13agreement. No less than 15 percent of the
9.14amount of each grant must be held back from
9.15reimbursement until the grant recipient has
9.16completed a grant accomplishment report in
9.17the form prescribed by and satisfactory to the
9.18Outdoor Heritage Council.

9.19

(b) Aquatic Management Area Acquisition

9.20$5,748,000 in fiscal year 2010 is to the
9.21commissioner of natural resources to acquire
9.22land in fee title and easement to be added to
9.23the state aquatic management area system.
9.24Acquired land must remain open to hunting
9.25and fishing, consistent with the capacity
9.26of the land, during the open season, as
9.27determined by the commissioner of natural
9.28resources. A list of proposed fee title and
9.29easement acquisitions must be provided as
9.30part of the required accomplishment plan.

9.31 9.32

(c) Cold Water River and Stream Restoration, Protection, and Enhancement

9.33$2,050,000 in fiscal year 2010 is to the
9.34commissioner of natural resources for an
9.35agreement with Trout Unlimited or successor
10.1to restore, enhance, and protect cold water
10.2river and stream habitats in Minnesota. A
10.3list of proposed acquisitions and a list of
10.4proposed projects, describing the types and
10.5locations of restorations and enhancements,
10.6must be provided as part of the required
10.7accomplishment plan. The commissioner
10.8of natural resources must agree to each
10.9proposed acquisition, restoration, and
10.10enhancement.

10.11

(d) Dakota County Habitat Protection

10.12$1,000,000 in fiscal year 2010 is to the
10.13commissioner of natural resources for
10.14an agreement with Dakota County for
10.15acquisition of permanent easements. A list
10.16of proposed acquisitions must be provided as
10.17part of the required accomplishment plan.

10.18 10.19

(e) Lake Rebecca Water Quality Improvement Project

10.20$450,000 in fiscal year 2010 is to the
10.21commissioner of natural resources for an
10.22agreement with the Three Rivers Park
10.23District to improve the water quality in Lake
10.24Rebecca in Lake Rebecca Park Reserve
10.25in Hennepin County. A description of the
10.26activities to enhance fish habitat in Lake
10.27Rebecca must be provided as part of the
10.28required accomplishment plan.

10.29

(f) Fountain Lake Fish Barriers

10.30$655,000 in fiscal year 2010 is to the
10.31commissioner of natural resources for
10.32an agreement with the Shell Rock River
10.33Watershed District to construct fish barriers
10.34at three locations on Fountain Lake. Land
10.35acquisition necessary for fish barrier
11.1construction is permitted. A list of proposed
11.2projects, describing the types and locations
11.3of barriers, must be provided as part of
11.4the required accomplishment plan. The
11.5commissioner of natural resources must
11.6agree to each proposed barrier.

11.7

Subd. 6.Administration and Other

578,000

-0-

11.8

(a) Contract Management

11.9$175,000 in fiscal year 2010 is to the
11.10commissioner of natural resources for
11.11contract management, in fiscal years 2010
11.12and 2011, for duties assigned in this section.

11.13

(b) Legislative Coordinating Commission

11.14$403,000 in fiscal year 2010 is to the
11.15Legislative Coordinating Commission for
11.16administrative expenses of the Outdoor
11.17Heritage Council and for compensation and
11.18expense reimbursement of council members.
11.19Up to $100,000 may be transferred to the
11.20game and fish fund as reimbursement for
11.21advances to the Outdoor Heritage Council
11.22made in fiscal year 2009. No more than 1.25
11.23full-time equivalent staff positions may be
11.24created with these funds. Excess funds not
11.25required for the purposes of this section shall
11.26be returned by the Legislative Coordinating
11.27Commission.

11.28

Subd. 7.Availability of Appropriation

11.29Unless otherwise provided, the amounts in
11.30this section are available until June 30, 2011,
11.31when projects must be completed and final
11.32accomplishments reported. For acquisition
11.33of an interest in real property, the amounts in
11.34this section are available until June 30, 2012.
12.1If a project receives federal funds, the time
12.2period of the appropriation is extended to
12.3equal the availability of federal funding.

12.4

Subd. 8.Cash Advances

12.5When the project authorized under
12.6subdivision 3 would be impeded by projected
12.7cash deficiencies resulting from delays in
12.8the receipt of dedicated income, and when
12.9the deficiencies would be corrected within
12.10fiscal year 2010, the commissioner of finance
12.11may use fund-level cash reserves to meet
12.12cash demands of the project. If funds are
12.13transferred from the general fund to meet
12.14cash flow needs, the cash flow transfers must
12.15be returned to the general fund as soon as
12.16sufficient cash balances are available in the
12.17outdoor heritage fund. Any interest earned
12.18on general fund cash flow transfers accrues
12.19to the general fund and not to the outdoor
12.20heritage fund.

12.21

Subd. 9.Accomplishment Plans

12.22It is a condition of acceptance of the
12.23appropriations made by this section that the
12.24agency or entity using the appropriation shall
12.25submit to the council an accomplishment
12.26plan and periodic accomplishment reports in
12.27the form determined by the Outdoor Heritage
12.28Council. The accomplishment plan must
12.29account for the use of the appropriation and
12.30outcomes of the expenditure in measures of
12.31wetlands, prairies, forests, and fish, game,
12.32and wildlife habitat restored, protected, and
12.33enhanced. The plan must include evaluation
12.34of results. None of the money provided
12.35in this section may be expended unless
13.1the council has approved the pertinent
13.2accomplishment plan.

13.3

Subd. 10.Project Requirements

13.4(a) As a condition of accepting an
13.5appropriation in this section, any agency or
13.6entity receiving an appropriation must, for
13.7any project funded in whole or in part with
13.8funds from the appropriation:
13.9(1) plant vegetation or sow seed only
13.10of ecotypes native to Minnesota, and
13.11preferably of the local ecotype, using a
13.12high diversity of species originating from
13.13as close to the restoration site as possible,
13.14and protect existing native prairies from
13.15genetic contamination, to the extent possible
13.16if conducting prairie restorations is a
13.17component of the accomplishment plan;
13.18(2) provide that all easements:
13.19(i) are permanent;
13.20(ii) specify the parties to an easement in the
13.21easement;
13.22(iii) specify all of the provisions of an
13.23agreement that are permanent;
13.24(iv) are sent to the office of the Outdoor
13.25Heritage Council; and
13.26(v) include a long-term stewardship plan and
13.27funding for monitoring and enforcing the
13.28easement agreement;
13.29(3) for all restorations, prepare an ecological
13.30restoration and management plan that, to
13.31the degree practicable, is consistent with the
13.32highest quality conservation and ecological
13.33goals for the restoration site. Consideration
14.1should be given to soil, geology, topography,
14.2and other relevant factors that would provide
14.3the best chance for long-term success of the
14.4restoration projects. The plan shall include
14.5the proposed timetable for implementing
14.6the restoration, including, but not limited
14.7to, site preparation, establishment of
14.8diverse plant species, maintenance, and
14.9additional enhancement to establish the
14.10restoration; identify long-term maintenance
14.11and management needs of the restoration
14.12and how the maintenance, management, and
14.13enhancement will be financed; and use the
14.14best available science to achieve the best
14.15restoration;
14.16(4) for new lands acquired, prepare a
14.17restoration and management plan in
14.18compliance with clause (3), including
14.19identification of sufficient funding for
14.20implementation;
14.21(5) to ensure public accountability for the
14.22use of public funds, provide to the Outdoor
14.23Heritage Council documentation of the
14.24selection process used to identify parcels
14.25acquired and provide documentation of all
14.26related transaction costs, including but not
14.27limited to appraisals, legal fees, recording
14.28fees, commissions, other similar costs,
14.29and donations. This information must be
14.30provided for all parties involved in the
14.31transaction. The recipient shall also report to
14.32the Outdoor Heritage Council any difference
14.33between the acquisition amount paid to the
14.34seller and the state-certified or state-reviewed
14.35appraisal. Acquisition data such as appraisals
14.36may remain private during negotiations but
15.1must ultimately be made public according to
15.2Minnesota Statutes, chapter 13;
15.3(6) provide that all restoration and
15.4enhancement projects are on land
15.5permanently protected by conservation
15.6easement or public ownership;
15.7(7) to the extent the appropriation is used to
15.8acquire an interest in real property, provide
15.9to the Outdoor Heritage Council and the
15.10commissioner of finance an analysis of
15.11increased operations and maintenance costs
15.12likely to be incurred by public entities as
15.13a result of the acquisition and of how these
15.14costs may be paid for; and
15.15(8) give consideration to and make
15.16timely written contact with the Minnesota
15.17Conservation Corps for consideration of
15.18possible use of their services to contract for
15.19restoration and enhancement services.

15.20 15.21

Subd. 11.Payment Conditions and Capital Equipment Expenditures

15.22All agreements, grants, or contracts referred
15.23to in this section must be administered on
15.24a reimbursement basis unless otherwise
15.25provided in this section. Payments for
15.26reimbursement may not be made before
15.27November 1, 2009. Notwithstanding
15.28Minnesota Statutes, section 16A.41,
15.29expenditures directly related to each
15.30appropriation's purpose made on or after July
15.311, 2009, are eligible for reimbursement unless
15.32otherwise provided in this section. Periodic
15.33payment must be made upon receiving
15.34documentation that the deliverable items
15.35articulated in the approved accomplishment
16.1plan have been achieved, including partial
16.2achievements as evidenced by approved
16.3progress reports. Reasonable amounts may
16.4be advanced to projects to accommodate
16.5cash flow needs or to match federal share.
16.6The advances must be approved as part of
16.7the accomplishment plan. Capital equipment
16.8expenditures in excess of $10,000 must be
16.9approved as part of the accomplishment plan.

16.10 16.11

Subd. 12.Purchase of Recycled and Recyclable Materials

16.12A political subdivision, public or private
16.13corporation, or other entity that receives an
16.14appropriation in this section must use the
16.15appropriation in compliance with Minnesota
16.16Statutes, sections 16B.121, regarding
16.17purchase of recycled, repairable, and durable
16.18materials, and 16B.122, regarding purchase
16.19and use of paper stock and printing.

16.20

Subd. 13.Accessibility

16.21Structural and nonstructural facilities must
16.22meet the design standards in the Americans
16.23with Disabilities Act (ADA) accessibility
16.24guidelines.

16.25

Subd. 14.Land Acquisition Restrictions

16.26(a) An interest in real property, including but
16.27not limited to an easement or fee title, that
16.28is acquired with money appropriated under
16.29this section must be used in perpetuity or for
16.30the specific term of an easement interest for
16.31the purpose for which the appropriation was
16.32made.
16.33(b) A recipient of funding who acquires
16.34an interest in real property subject to this
17.1subdivision may not alter the intended use
17.2of the interest in real property or convey
17.3any interest in the real property acquired
17.4with the appropriation without the prior
17.5review and approval of the Outdoor Heritage
17.6Council or its successor. The council shall
17.7establish procedures to review requests from
17.8recipients to alter the use of or convey an
17.9interest in real property. These procedures
17.10shall allow for the replacement of the interest
17.11in real property with another interest in real
17.12property meeting the following criteria:
17.13(1) the interest is at least equal in fair market
17.14value, as certified by the commissioner
17.15of natural resources, to the interest being
17.16replaced; and
17.17(2) the interest is in a reasonably equivalent
17.18location and has a reasonably equivalent
17.19useful conservation purpose compared to the
17.20interest being replaced.
17.21(c) A recipient of funding who acquires an
17.22interest in real property under paragraph
17.23(a) must separately record a notice of
17.24funding restrictions in the appropriate local
17.25government office where the conveyance
17.26of the interest in real property is filed. The
17.27notice of funding agreement must contain:
17.28(1) a legal description of the interest in real
17.29property covered by the funding agreement;
17.30(2) a reference to the underlying funding
17.31agreement;
17.32(3) a reference to this section; and
17.33(4) the following statement: "This interest
17.34in real property shall be administered in
18.1accordance with the terms, conditions, and
18.2purposes of the grant agreement controlling
18.3the acquisition of the property. The interest
18.4in real property, or any portion of the interest
18.5in real property, shall not be sold, transferred,
18.6pledged, or otherwise disposed of or further
18.7encumbered without obtaining the prior
18.8written approval of the Outdoor Heritage
18.9Council or its successor. If the holder of
18.10the interest in real property fails to comply
18.11with the terms and conditions of the grant
18.12agreement or work program, ownership of
18.13the interest in real property shall transfer to
18.14the state."

18.15

Subd. 15.Real Property Interest Report

18.16By December 1 each year, a recipient of
18.17money appropriated under this section that
18.18is used for the acquisition of an interest
18.19in real property, including but not limited
18.20to an easement or fee title, must submit
18.21annual reports on the status of the real
18.22property to the Outdoor Heritage Council
18.23or its successor in a form determined by the
18.24council. The responsibility for reporting
18.25under this section may be transferred by
18.26the recipient of the appropriation to another
18.27person or entity that holds the interest in the
18.28real property. To complete the transfer of
18.29reporting responsibility, the recipient of the
18.30appropriation must:
18.31(1) inform the person to whom the
18.32responsibility is transferred of that person's
18.33reporting responsibility;
19.1(2) inform the person to whom the
19.2responsibility is transferred of the property
19.3restrictions under subdivision 14; and
19.4(3) provide written notice to the council of the
19.5transfer of reporting responsibility, including
19.6contact information for the person to whom
19.7the responsibility is transferred. Before the
19.8transfer, the entity receiving the transfer of
19.9property must certify to the Outdoor Heritage
19.10Council, or its successor, acceptance of all
19.11obligations and responsibilities held by the
19.12prior owner.
19.13After the transfer, the person or entity that
19.14holds the interest in the real property is
19.15responsible for reporting requirements under
19.16this section.

19.17

Subd. 16.Reports to Finance

19.18All reports submitted to the Outdoor Heritage
19.19Council by recipients of money appropriated
19.20under this section must also submit the
19.21reports to the commissioner of finance. The
19.22commissioner must maintain a Web site
19.23with a searchable data base providing the
19.24public with information on expenditures
19.25from the outdoor heritage fund. To the extent
19.26practical the commissioner must use systems
19.27developed to track expenditure of federal
19.28money under the American Recovery and
19.29Reinvestment Act to track expenditures from
19.30the outdoor heritage fund.

19.31

Sec. 3. LEGISLATURE.

$

117,000

$

165,000

19.32$54,000 the first year and $36,000 the second
19.33year are for the Legislative Coordinating
19.34Commission to fulfill the duties required
20.1under Minnesota Statutes, section 3.303,
20.2subdivision 10.
20.3$63,000 the first year and $63,000 the second
20.4year are for the legislative auditor to conduct
20.5restoration audits under Minnesota Statutes,
20.6section 3.971, subdivision 9, and $66,000
20.7the second year is for program and financial
20.8audits.

20.9    Sec. 4. REVISOR'S INSTRUCTION.
20.10The revisor shall remove all references to the "Lessard Outdoor Heritage Council" in
20.11Minnesota Statutes, and replace those references with "Outdoor Heritage Council."

20.14

Section 1. CLEAN WATER FUND APPROPRIATIONS.

20.15    The sums shown in the columns marked "Appropriations" are appropriated to the
20.16agencies and for the purposes specified in this article. The appropriations are from the
20.17clean water fund, or another named fund, and are available for the fiscal years indicated
20.18for each purpose. The figures "2010" and "2011" used in this article mean that the
20.19appropriations listed under them are available for the fiscal year ending June 30, 2010,
20.20or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is
20.21fiscal year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the
20.22fiscal year ending June 30, 2009, are effective the day following final enactment. All
20.23appropriations in this article are onetime only.

20.24				APPROPRIATIONS
20.25				Available for the Year
20.26				Ending June 30
20.27					2010		2011

20.28

Sec. 2. DEPARTMENT OF AGRICULTURE.

$

3,414,000

$

5,850,000

20.29(a) $339,000 the first year is to intensively
20.30monitor and analyze three sub-watersheds
20.31for changes in agricultural runoff related to
20.32land management practices and evaluate best
20.33management practices in sub-watersheds
20.34within the Root River Watershed in
21.1southeastern Minnesota. The commissioner
21.2shall submit a report on the use of this
21.3appropriation to the chairs of the house and
21.4senate committees with jurisdiction over
21.5agriculture, agriculture finance, environment
21.6and natural resources, and environment and
21.7natural resources finance by January 15,
21.82012. This appropriation is available until
21.9spent.
21.10(b) $325,000 the first year and $350,000 the
21.11second year are to increase monitoring for
21.12pesticides and pesticide degradates in surface
21.13water and groundwater and to use data
21.14collected to assess pesticide use practices.
21.15(c) $375,000 the first year and $750,000
21.16the second year are to increase drinking
21.17water protection from agricultural chemicals,
21.18primarily nitrates.
21.19(d) $875,000 the first year and $1,750,000
21.20the second year are for research, pilot
21.21projects, and technical assistance related to
21.22ways agricultural practices can contribute
21.23to restoring impaired waters. Of this
21.24amount, $330,000 the first year and
21.25$330,000 the second year may be used
21.26for technical assistance and grants to
21.27establish a conservation drainage program
21.28in consultation with the Board of Water and
21.29Soil Resources and the drainage workgroup
21.30that consists of pilot projects to retrofit
21.31existing drainage systems with water quality
21.32improvement practices, evaluate outcomes,
21.33and provide outreach to landowners, public
21.34drainage authorities, drainage engineers and
21.35contractors, and others.
22.1(e) $1,000,000 the first year and $2,500,000
22.2the second year are for the agricultural best
22.3management practices loan program. At
22.4least $965,000 the first year and at least
22.5$2,400,000 the second year are for transfer
22.6to the agricultural best management practices
22.7loan account created pursuant to Minnesota
22.8Statutes, section 17.117, subdivision 5a,
22.9and are available for pass-through to local
22.10governments and lenders for low-interest
22.11loans. Loans under this paragraph are
22.12to be repaid to the clean water fund
22.13established under Article XI, section 15 of
22.14the Constitution.
22.15(f) $500,000 the first year and $500,000 the
22.16second year are for a transfer to the Board of
22.17Water and Soil Resources for feedlot water
22.18quality improvement grants to operations
22.19with 300 or fewer animal units and prioritized
22.20by pollution prevention potential. The board
22.21shall give priority consideration to projects
22.22that leverage federal or other nonstate funds
22.23or contributions and to projects that address
22.24high-priority needs identified in local water
22.25management plans. These amounts are in
22.26addition to any amount recommended by
22.27another committee for feedlot water quality
22.28improvement grants.

22.29

Sec. 3. PUBLIC FACILITIES AUTHORITY.

$

8,125,000

$

17,250,000

22.30(a) $5,000,000 the first year and $10,000,000
22.31the second year are for the total maximum
22.32daily load grant program under Minnesota
22.33Statutes, section 446A.073. This
22.34appropriation is available until spent.
23.1(b) $2,500,000 the first year and $5,000,000
23.2the second year are for the clean water legacy
23.3phosphorus reduction grant program under
23.4Minnesota Statutes, section 446A.074. This
23.5appropriation is available until spent.
23.6(c) $125,000 the first year and $250,000 the
23.7second year are for the small community
23.8wastewater treatment program for technical
23.9assistance grants under Minnesota Statutes,
23.10section 446A.075. This appropriation is
23.11available until spent.
23.12(d) $500,000 the first year and $2,000,000
23.13the second year are for the small community
23.14wastewater treatment program for
23.15reconstruction loans and grants under
23.16Minnesota Statutes, section 446A.075. This
23.17appropriation is available until spent.

23.18

Sec. 4. POLLUTION CONTROL AGENCY.

$

16,503,000

$

23,688,000

23.19(a) $9,000,000 the first year and $9,000,000
23.20the second year is to develop total maximum
23.21daily load (TMDL) studies and TMDL
23.22implementation plans for waters listed on
23.23the United States Environmental Protection
23.24Agency approved impaired waters list in
23.25accordance with Minnesota Statutes, chapter
23.26114D. The agency shall complete an average
23.27of ten percent of the TMDLs each year over
23.28the biennium.
23.29(b) $500,000 the first year and $1,188,000
23.30the second year are for development of an
23.31enhanced TMDL database to manage and
23.32track progress. Of this amount, $63,000 the
23.33first year is to promulgate rules.
24.1(c) $1,500,000 the first year and $3,500,000
24.2the second year are for grants under
24.3Minnesota Statutes, section 116.195, to
24.4political subdivisions for up to 50 percent
24.5of the costs to predesign, design, and
24.6implement capital projects that use treated
24.7municipal wastewater instead of groundwater
24.8from drinking water aquifers, in order to
24.9demonstrate the beneficial use of wastewater,
24.10including the conservation and protection of
24.11water resources.
24.12(d) $750,000 the first year and $1,500,000 the
24.13second year are for groundwater assessment
24.14and drinking water protection to include:
24.15(1) the installation and sampling of at least
24.1630 new monitoring wells;
24.17(2) the analysis of samples from at least 40
24.18shallow monitoring wells each year for the
24.19presence of endocrine disrupting compounds;
24.20and
24.21(3) the completion of at least four to
24.22five groundwater models for TMDL and
24.23watershed plans.
24.24(e) $348,000 the first year is to retest the
24.25comprehensive assessment of the biological
24.26conditions of the lower Minnesota River and
24.27its tributaries within the Lower Minnesota
24.28River Major Watershed, as previously
24.29assessed from 1976 to 1992 under the
24.30Minnesota River Assessment Project
24.31(MRAP). The assessment must include the
24.32same fish species sampling at the same 116
24.33locations and the same macroinvertebrate
24.34sampling at the same 41 locations as the
24.35MRAP assessment. The assessment must:
25.1(1) include an analysis of the findings; and
25.2(2) identify factors that limit aquatic life in
25.3the Minnesota River.
25.4(f) $2,500,000 the first year and $7,500,000
25.5the second year are for the clean water
25.6partnership program. Priority shall be given
25.7to projects preventing impairments and
25.8degradation of lakes, rivers, streams, and
25.9groundwater in accordance with Minnesota
25.10Statutes, section 114D.20, subdivision 2,
25.11clause (4). Any balance remaining in the first
25.12year does not cancel and is available for the
25.13second year.
25.14(g) $1,000,000 the first year is to establish a
25.15network of water monitoring sites in public
25.16waters adjacent to wastewater treatment
25.17facilities across the state to assess levels of
25.18endocrine-disrupting compounds, antibiotic
25.19compounds, and pharmaceuticals as required
25.20in this article.
25.21(h) $155,000 the first year is to provide
25.22notification of the potential for coal tar
25.23contamination, establish a storm water
25.24pond inventory schedule, and develop
25.25best management practices for treating
25.26and cleaning up contaminated sediments
25.27as required in this article. $1,000,000 the
25.28second year is to develop a model ordinance
25.29for the restricted use of undiluted coal tar
25.30sealants and to provide grants to local units of
25.31government for up to 50 percent of the costs
25.32to implement best management practices to
25.33treat or clean up contaminated sediments
25.34in storm water ponds and other waters as
25.35defined under this article. Local governments
26.1must have adopted an ordinance for the
26.2restricted use of undiluted coal tar sealants
26.3in order to be eligible for a grant, unless a
26.4statewide restriction has been implemented.
26.5A grant awarded under this paragraph must
26.6not exceed $100,000.
26.7(i) $750,000 in fiscal year 2010 is for a
26.8restoration project in the lower St. Louis
26.9River and Duluth harbor.
26.10Notwithstanding Minnesota Statutes, section
26.1116A.28, the appropriations encumbered on or
26.12before June 30, 2011, as grants or contracts
26.13in this subdivision are available until June
26.1430, 2013.

26.15 26.16

Sec. 5. DEPARTMENT OF NATURAL RESOURCES.

$

5,208,000

$

9,566,000

26.17(a) $1,050,000 the first year and $1,665,000
26.18the second year are for work assisting in
26.19water quality assessment, total maximum
26.20daily load study and implementation, and
26.21watershed restoration and protection.
26.22(b) $375,000 the first year and $750,000 the
26.23second year are for drinking water planning
26.24and protection activities.
26.25(c) $950,000 the second year is for work
26.26assisting in water quality assessment,
26.27total maximum daily load study and
26.28implementation, and watershed restoration
26.29and protection in accordance with Minnesota
26.30Statutes, chapter 114D.
26.31(d) $1,058,000 the first year and $1,601,000
26.32the second year are for work assisting in
26.33water quality assessment, total maximum
26.34daily load study and implementation, and
27.1watershed restoration and protection in
27.2accordance with Minnesota Statutes, chapter
27.3114D.
27.4(f) $2,500,000 the first year and $2,500,000
27.5the second year are to acquire and distribute
27.6high-resolution digital elevation data to be
27.7used to predict water and sediment flows,
27.8and for planning and installation measures
27.9to clean up impaired waters. The data will
27.10be collected for areas of the state that have
27.11not acquired such data prior to January
27.121, 2007, or to complete acquisition and
27.13distribution of the data for those areas of
27.14the state that have not previously received
27.15state funds for acquiring and distributing
27.16the data. The distribution of data acquired
27.17under this paragraph must be conducted
27.18under the auspices of the Land Management
27.19Information Center or its successor, which
27.20shall receive 2.5 percent of the appropriation
27.21in this paragraph to support coordination of
27.22data acquisition and distribution. Mapping
27.23and data set distribution under this paragraph
27.24must be completed within three years of
27.25funds availability. The commissioner shall
27.26utilize department staff whenever possible.
27.27The commissioner may contract for services
27.28only if they cannot otherwise be provided
27.29by the department. If the commissioner
27.30contracts for services with this appropriation
27.31and any of the work done under the contract
27.32will be done outside of the United States, the
27.33commissioner must report to the chairs of the
27.34House of Representatives and Senate Finance
27.35Committees on the proposed contract at least
27.3630 days before entering into the contract. The
28.1report must include an analysis of why the
28.2contract with the selected contractor provides
28.3the state with "best value," as defined in
28.4Minnesota Statutes, section 16C.02; any
28.5alternatives to the selected contractor that
28.6were considered; what data will be provided
28.7to the contractor, including the data that
28.8will be transmitted outside of the United
28.9States; what security measures will be
28.10taken to ensure that the data is treated in
28.11accordance with the Minnesota Government
28.12Data Practices Act; and what remedies will
28.13be available to the state if the data is not
28.14treated in accordance with the Minnesota
28.15Government Data Practices Act.
28.16(g) $225,000 the first year and $225,000
28.17the second year are to adopt rules for the
28.18Mississippi River corridor critical area
28.19under Minnesota Statutes, section 116G.15.
28.20The commissioner shall begin rulemaking
28.21under chapter 14 no later than January 15,
28.222010. At least 30 days prior to beginning
28.23the rulemaking, the commissioner shall
28.24notify local units of government within
28.25the Mississippi River corridor critical area
28.26of the intent to adopt rules. The local
28.27units of government shall make reasonable
28.28efforts to notify the public of the contact
28.29information for the appropriate department
28.30staff. The commissioner shall maintain a
28.31listserv of interested parties to provide timely
28.32information about the proposed schedule
28.33for rulemaking, opportunities for public
28.34comment, and contact information for the
28.35appropriate department staff.
29.1(h) $1,875,000 the second year is
29.2to investigate physical and recharge
29.3characteristics as part of the collection
29.4and interpretation of subsurface geological
29.5information and acceleration of the county
29.6geologic atlas program. This appropriation
29.7represents a continuing effort to complete
29.8the county geologic atlases throughout the
29.9state in order to provide information and
29.10assist in planning for the sustainable use
29.11of ground and surface water that does not
29.12harm ecosystems, degrade water quality, or
29.13compromise the ability of future generations
29.14to meet their own needs. This appropriation
29.15is available until December 31, 2014.

29.16 29.17

Sec. 6. BOARD OF WATER AND SOIL RESOURCES.

$

6,000,000

$

17,424,000

29.18(a) $1,500,000 the first year and $5,000,000
29.19the second year are to purchase and restore
29.20permanent conservation easements on
29.21riparian buffers of up to 100 feet adjacent
29.22to public waters, excluding wetlands, to
29.23keep water on the land in order to decrease
29.24sediment, pollutant and nutrient transport,
29.25reduce hydrologic impacts to surface waters,
29.26and increase infiltration for groundwater
29.27recharge. The riparian buffers must be
29.28at least 50 feet unless there is a natural
29.29impediment, a road, or other impediment
29.30beyond the control of the landowner. This
29.31appropriation may be used for restoration
29.32of riparian buffers protected by easements
29.33purchased with this appropriation and for
29.34stream bank restorations when the riparian
29.35buffers have been restored. Up to five
30.1percent may be used for administration of
30.2this program.
30.3(b) $1,500,000 the first year and $4,424,000
30.4the second year are for grants to watershed
30.5districts and watershed management
30.6organizations for the installation of proven
30.7and effective water retention practices
30.8including, but not limited to, rain gardens
30.9and other vegetated infiltration basins,
30.10and sediment control basins in order to
30.11keep water on the land. The projects must
30.12be of long-lasting public benefit, include
30.13a local match, and be consistent with
30.14TMDL implementation plans or local water
30.15management plans. Watershed district and
30.16watershed management organization staff
30.17and administration may be used for local
30.18match. Priority may be given to school
30.19projects that can be used to demonstrate
30.20water retention practices. Up to five percent
30.21may be used for administering the grants.
30.22(c) $1,500,000 the first year and $4,500,000
30.23the second year are for nonpoint source
30.24pollution reduction and restoration
30.25grants to watershed districts, watershed
30.26management organizations, and soil and
30.27water conservation districts for grants in
30.28addition to grants available under paragraphs
30.29(a) and (b) to keep water on the land and
30.30to protect, enhance, and restore water
30.31quality in lakes, rivers, and streams, and
30.32to protect groundwater and drinking water.
30.33The projects must be of long-lasting public
30.34benefit, include a local match, and be
30.35consistent with TMDL implementation plans
30.36or local water management plans. Up to five
31.1percent may be used for administering the
31.2grants.
31.3(d) $500,000 the first year and $1,500,000 the
31.4second year are for permanent conservation
31.5easements on wellhead protection areas
31.6under Minnesota Statutes, section 103F.515,
31.7subdivision 2, paragraph (d). Priority must
31.8be placed on land that is located where
31.9the vulnerability of the drinking water
31.10supply management area, as defined under
31.11Minnesota Rules, part 4720.5100, subpart
31.1213, is designated as high or very high by the
31.13commissioner of health.
31.14(e) $1,000,000 the first year and $2,000,000
31.15the second year are for feedlot water quality
31.16improvement grants for feedlots under 300
31.17animal units on riparian land, to include
31.18water quality assessment to determine the
31.19effectiveness of the grants in protecting,
31.20enhancing, and restoring water quality in
31.21lakes, rivers, and streams, and in protecting
31.22groundwater from degradation.
31.23The board shall contract for services with
31.24the Minnesota Conservation Corps for
31.25restoration, maintenance, and other activities
31.26under this section for at least $500,000 the
31.27first year and $500,000 the second year.
31.28The board shall give priority consideration
31.29to projects and practices that complement,
31.30supplement, or exceed current state standards
31.31for protection, enhancement, and restoration
31.32of water quality in lakes, rivers, and streams
31.33or that protect groundwater from degradation.
31.34To the extent possible, any restoration
31.35conducted with money appropriated in this
32.1section must plant vegetation or sow seed
32.2only of ecotypes native to Minnesota, and
32.3preferably of the local ecotype, using a high
32.4diversity of species originating from as
32.5close to the restoration site as possible, and
32.6protect existing native prairies from genetic
32.7contamination.
32.8The board shall submit a report on the
32.9expenditure and use of money appropriated
32.10under this section to the chairs of the house
32.11of representatives and senate committees
32.12with jurisdiction over environment and
32.13natural resources and environment and
32.14natural resources finance by March 1 of
32.15each year. The report must provide detail
32.16on: the expenditure of funds, including
32.17maps; the effectiveness of the expenditures
32.18in protecting, enhancing, and restoring water
32.19quality in lakes, rivers, and streams and
32.20protecting groundwater from degradation;
32.21and the effectiveness of the expenditures in
32.22keeping water on the land.

32.23

Sec. 7. DEPARTMENT OF HEALTH.

$

1,250,000

$

2,500,000

32.24(a) $805,000 the first year and $1,610,000
32.25the second year are for protection of drinking
32.26water sources, including assisting 30 or
32.27more communities in fiscal year 2010 and
32.2860 or more communities in fiscal year 2011
32.29with the development and implementation
32.30of community source water protection plans
32.31before new community wells are installed,
32.32and awarding ten or more communities in
32.33fiscal year 2010 and 20 or more communities
32.34in fiscal year 2011 with source water
32.35protection implementation grants.
33.1(b) $445,000 the first year and $890,000
33.2the second year are for addressing public
33.3health concerns related to contaminants
33.4found in Minnesota drinking water for which
33.5no health-based drinking water standard
33.6exists. The commissioner shall characterize
33.7and issue health-based guidance for three or
33.8more additional unregulated drinking water
33.9contaminants in fiscal year 2010, and seven
33.10or more additional unregulated drinking
33.11water contaminants in fiscal year 2011.

33.12

Sec. 8. UNIVERSITY OF MINNESOTA.

$

750,000

$

820,000

33.13(a) $820,000 the second year is for the
33.14geological survey to continue and to initiate
33.15the production of county geologic atlases.
33.16This appropriation represents a continuing
33.17effort to complete the county geologic atlases
33.18throughout the state in order to provide
33.19information and assist in planning for the
33.20sustainable use of ground and surface water
33.21that does not harm ecosystems, degrade
33.22water quality, or compromise the ability
33.23of future generations to meet their own
33.24needs. This appropriation is available until
33.25December 31, 2014.
33.26(b) $750,000 the first year is to develop the
33.27comprehensive statewide sustainable water
33.28resources ten-year plan and 25-year detailed
33.29framework in Article 5.

33.30

Sec. 9. LEGISLATURE.

$

117,000

$

165,000

33.31(a) $54,000 the first year and $36,000
33.32the second year are for the Legislative
33.33Coordinating Commission to fulfill the duties
34.1as required under Minnesota Statutes, section
34.23.303, subdivision 10.
34.3(b) $63,000 the first year and $63,000 the
34.4second year are for the legislative auditor to
34.5conduct restoration audits under Minnesota
34.6Statutes, section 3.971, subdivision 9, and
34.7$66,000 the second year is for program and
34.8financial audits.

34.9    Sec. 10. Minnesota Statutes 2008, section 17.117, subdivision 11a, is amended to read:
34.10    Subd. 11a. Eligible projects. All projects that remediate or mitigate adverse
34.11environmental impacts are eligible if:
34.12(1) the project is eligible under the allocation agreement and funding sources
34.13designated by the local government unit to finance the project; and
34.14(2) manure management projects remediate or mitigate impacts from facilities with
34.15less than 1,000 animal units as defined in Minnesota Rules, chapter 7020.
34.16The purchase of variable rate fertilizer application machinery or equipment is an
34.17eligible project if the machinery or equipment is capable of precision-applying three
34.18or more products simultaneously and the person commits to using the machinery or
34.19equipment in this state for at least five years. The maximum loan amount for this purpose
34.20is $100,000.

34.21    Sec. 11. Minnesota Statutes 2008, section 103F.515, subdivision 2, is amended to read:
34.22    Subd. 2. Eligible land. (a) Land may be placed in the conservation reinvest in
34.23Minnesota reserve program if the land meets the requirements of paragraphs (b) and
34.24(c) or paragraph (d).
34.25(b) Land is eligible if the land:
34.26(1) is marginal agricultural land;
34.27(2) is adjacent to marginal agricultural land and is either beneficial to resource
34.28protection or necessary for efficient recording of the land description;
34.29(3) consists of a drained wetland;
34.30(4) is land that with a windbreak or water quality improvement practice would be
34.31beneficial to resource protection;
34.32(5) is land in a sensitive groundwater area;
34.33(6) is riparian land;
35.1(7) is cropland or noncropland adjacent to restored wetlands to the extent of up to
35.2four acres of cropland or one acre of noncropland for each acre of wetland restored;
35.3(8) is a woodlot on agricultural land;
35.4(9) is abandoned building site on agricultural land, provided that funds are not used
35.5for compensation of the value of the buildings; or
35.6(10) is land on a hillside used for pasture that is marginal in nature.
35.7(c) Eligible land under paragraph (a) must:
35.8(1) be owned by the landowner, or a parent or other blood relative of the landowner,
35.9for at least one year before the date of application;
35.10(2) be at least five acres in size, except for a drained wetland area, riparian area,
35.11windbreak, woodlot, wellhead protection area, or abandoned building site, or be a whole
35.12field as defined by the United States Agricultural Stabilization and Conservation Services;
35.13(3) not be set aside, enrolled or diverted under another federal or state government
35.14program unless enrollment in the conservation reinvest in Minnesota reserve program
35.15would provide additional conservation benefits or a longer term of enrollment than under
35.16the current federal or state program; and
35.17(4) have been in agricultural crop production for at least two of the last five
35.18years before the date of application except drained wetlands, riparian lands, woodlots,
35.19abandoned building sites, environmentally sensitive areas, wellhead protection areas, or
35.20land on a hillside used for pasture.
35.21(d) In selecting drained wetlands for enrollment in the program, the highest priority
35.22must be given to wetlands with a cropping history during the period 1976 to 1985. Land
35.23is eligible if the land is a wellhead protection area as defined under section 103I.005,
35.24subdivision 24, and has a wellhead protection plan approved by the commissioner of
35.25health.
35.26(e) In selecting land for enrollment in the program, highest priority must be given to
35.27permanent easements that are consistent with the purposes stated in section 103F.505.

35.28    Sec. 12. Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read:
35.29    Subd. 4. Nature of property rights acquired. (a) A conservation easement must
35.30prohibit:
35.31(1) alteration of wildlife habitat and other natural features, unless specifically
35.32approved by the board;
35.33(2) agricultural crop production and livestock grazing, unless specifically approved
35.34by the board for wildlife conservation management purposes; and
36.1(3) grazing of livestock except, for agreements entered before the effective date of
36.2Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the
36.3board after consultation with the commissioner of natural resources, in the case of severe
36.4drought, or a local emergency declared under section 12.29; and
36.5(4) (3) spraying with chemicals or mowing, except:
36.6(i) as necessary to comply with noxious weed control laws or;
36.7(ii) for emergency control of pests necessary to protect public health; or
36.8(iii) as approved by the board for conservation management purposes.
36.9(b) A conservation easement is subject to the terms of the agreement provided in
36.10subdivision 5.
36.11(c) A conservation easement must allow repairs, improvements, and inspections
36.12necessary to maintain public drainage systems provided the easement area is restored to
36.13the condition required by the terms of the conservation easement.
36.14(d) Notwithstanding paragraph (a), the board must permit the harvest of native
36.15grasses for use in seed production or bioenergy on wellhead protection lands eligible
36.16under subdivision 2, paragraph (d).

36.17    Sec. 13. [116.201] COAL TAR.
36.18A state agency may not purchase undiluted coal tar sealant. For the purposes of this
36.19section, "undiluted coal tar sealant" means a sealant material containing coal tar that
36.20has not been mixed with asphalt and is for use on asphalt surfaces, including driveways
36.21and parking lots.
36.22EFFECTIVE DATE.This section is effective July 1, 2010.

36.23    Sec. 14. Minnesota Statutes 2008, section 116G.15, is amended to read:
36.24116G.15 MISSISSIPPI RIVER CORRIDOR CRITICAL AREA.
36.25    Subdivision 1. Establishment; purpose. (a) The federal Mississippi National
36.26River and Recreation Area established pursuant to United States Code, title 16, section
36.27460zz-2(k), is designated an area of critical concern in accordance with this chapter. The
36.28governor shall review the existing Mississippi River critical area plan and specify any
36.29additional standards and guidelines to affected communities in accordance with section
36.30116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of
36.31the area pending the completion of the federal plan. The purpose of the designation is to:
36.32(1) protect and preserve the Mississippi River and adjacent lands that the legislature
36.33finds to be unique, valuable, and dynamic and environmental state and regional resources
37.1for the benefit of the health, safety, and welfare of the citizens of the state, region, and
37.2nation;
37.3(2) prevent and mitigate irreversible damages to the natural resources listed under
37.4clause (1);
37.5(3) preserve and enhance the natural, aesthetic, cultural, recreational, and historical
37.6values of the Mississippi River and its corridor for public use and benefit;
37.7(4) protect and preserve the Mississippi River and its corridor as an essential element
37.8in the national, state, and regional transportation, sewer and water, and recreational
37.9systems; and
37.10(5) protect and preserve the biological and ecological functions of the Mississippi
37.11River and its corridor.
37.12The results of an environmental impact statement prepared under chapter 116D
37.13begun before and completed after July 1, 1994, for a proposed project that is located in
37.14the Mississippi River critical area north of the United States Army Corps of Engineers
37.15Lock and Dam Number One must be submitted in a report to the chairs of the environment
37.16and natural resources policy and finance committees of the house of representatives
37.17and the senate prior to the issuance of any state or local permits and the authorization
37.18for an issuance of any bonds for the project. A report made under this paragraph shall
37.19be submitted by the responsible governmental unit that prepared the environmental
37.20impact statement, and must list alternatives to the project that are determined by the
37.21environmental impact statement to be economically less expensive and environmentally
37.22superior to the proposed project and identify any legislative actions that may assist in the
37.23implementation of environmentally superior alternatives. This paragraph does not apply
37.24to a proposed project to be carried out by the Metropolitan Council or a metropolitan
37.25agency as defined in section 473.121.
37.26(b) If the results of an environmental impact statement required to be submitted by
37.27paragraph (a) indicate that there is an economically less expensive and environmentally
37.28superior alternative, then no member agency of the Environmental Quality Board shall
37.29issue a permit for the facility that is the subject of the environmental impact statement,
37.30other than an economically less expensive and environmentally superior alternative,
37.31nor shall any government bonds be issued for the facility, other than an economically
37.32less expensive and environmentally superior alternative, until after the legislature has
37.33adjourned its regular session sine die in 1996.
37.34    Subd. 2. Administration; rules. (a) The commissioner of natural resources may
37.35adopt such rules pursuant to chapter 14 as are necessary for the administration of the
37.36Mississippi River corridor critical area program. Duties of the Environmental Quality
38.1Council or the Environmental Quality Board referenced in this chapter and related rules
38.2and in the governor's executive order number 79-19, published in the State Register on
38.3March 12, 1979, related to the Mississippi River corridor critical area shall be the duties of
38.4the commissioner. All rules adopted by the board pursuant to these duties remain in effect
38.5and shall be enforced until amended or repealed by the commissioner in accordance with
38.6law. The commissioner shall work in consultation with the United States Army Corps
38.7of Engineers, the National Park Service, the Metropolitan Council, other agencies, local
38.8units of government, and other interested parties to ensure that the Mississippi River
38.9corridor critical area is managed in a way that:
38.10(1) conserves the scenic, environmental, recreational, mineral, economic, cultural,
38.11and historic resources and functions of the river corridor;
38.12(2) maintains the river channel for transportation by providing and maintaining
38.13barging and fleeting areas in appropriate locations consistent with the character of the
38.14Mississippi River and riverfront;
38.15(3) provides for the continuation and development of a variety of urban uses,
38.16including industrial and commercial uses, and residential uses, where appropriate, within
38.17the Mississippi River and its corridor;
38.18(4) utilizes certain reaches of the river as a source of water supply and for receiving
38.19wastewater effluents and discharges that meet all applicable standards; and
38.20(5) protects and preserves the biological and ecological functions of the Mississippi
38.21River and its corridor.
38.22(b) The Metropolitan Council shall incorporate the standards developed under
38.23this section into its planning and shall work with local units of government and the
38.24commissioner to ensure the standards are being adopted and implemented appropriately.
38.25    Subd. 3. Districts. The commissioner shall establish districts within the Mississippi
38.26River corridor critical area. The commissioner must seek to minimize the number of
38.27districts within any one municipality and take into account existing ordinances. The
38.28commissioner shall consider the following when establishing the districts:
38.29(1) the protection of the major features of the river in existence as of March 12, 1979;
38.30(2) the protection of improvements such as parks, trails, natural areas, recreational
38.31areas, and interpretive centers;
38.32(3) the use of the Mississippi River as a source of drinking water;
38.33(4) the protection of resources identified in the Mississippi National River and
38.34Recreation Area Comprehensive Management Plan;
38.35(5) the protection of resources identified in comprehensive plans developed by
38.36counties, cities, and towns within the Mississippi River corridor critical area;
39.1(6) the intent of the Mississippi River corridor critical area land use districts from
39.2the governor's executive order number 79-19, published in the State Register on March
39.312, 1979; and
39.4(7) identified scenic, geologic, and ecological resources.
39.5    Subd. 4. Standards. (a) The commissioner shall establish minimum guidelines and
39.6standards for the districts established in subdivision 3. The guidelines and standards
39.7for each district shall include the intent of each district, key resources, and features to
39.8be protected or enhanced based upon paragraph (b), permitted uses, and dimensional
39.9and performance standards for development. The commissioner must take into account
39.10existing ordinances when developing the guidelines and standards under this section. The
39.11commissioner may provide certain exceptions and criteria for standards, including, but
39.12not limited to, exceptions for river access facilities, water supply facilities, storm water
39.13facilities, wastewater treatment facilities, and hydropower facilities.
39.14(b) The guidelines and standards must protect or enhance the following key
39.15resources and features:
39.16(1) floodplains;
39.17(2) wetlands;
39.18(3) gorges;
39.19(4) areas of confluence with key tributaries;
39.20(5) natural drainage routes;
39.21(6) shorelines and riverbanks;
39.22(7) bluffs;
39.23(8) steep slopes and very steep slopes;
39.24(9) unstable soils and bedrock;
39.25(10) significant existing vegetative stands, tree canopies, and native plant
39.26communities;
39.27(11) scenic views and vistas;
39.28(12) publicly owned parks, trails, and open spaces;
39.29(13) cultural and historic sites and structures; and
39.30(14) water quality.
39.31(c) The commissioner shall establish a map to define bluffs and bluff-related features
39.32within the Mississippi River corridor critical area. At the outset of the rulemaking process,
39.33the commissioner shall create a preliminary map of all the bluffs and bluff lines within
39.34the Mississippi River corridor critical area, based on the guidelines in paragraph (d). The
39.35rulemaking process shall provide an opportunity to refine the preliminary bluff map. The
39.36commissioner may add to or remove areas of demonstrably unique or atypical conditions
40.1that warrant special protection or exemption. At the end of the rulemaking process, the
40.2commissioner shall adopt a final bluff map that contains associated features, including
40.3bluff lines, bases of bluffs, steep slopes, and very steep slopes.
40.4(d) The following guidelines shall be used by the commissioner to create a
40.5preliminary bluff map as part of the rulemaking process:
40.6(1) "bluff face" or "bluff" means the area between the bluff line and the bluff base. A
40.7bluff is a high, steep, natural topographic feature such as a broad hill, cliff, or embankment
40.8with a slope of 18 percent or greater and a vertical rise of at least ten feet between the bluff
40.9base and the bluff line;
40.10(2) "bluff line" means a line delineating the top of a slope connecting the points
40.11at which the slope becomes less than 18 percent. More than one bluff line may be
40.12encountered proceeding upslope from the river valley;
40.13(3) "bluff base" means a line delineating the bottom of a slope connecting the points
40.14at which the slope becomes 18 percent or greater. More than one bluff base may be
40.15encountered proceeding landward from the water;
40.16(4) "steep slopes" means 12 percent to 18 percent slopes. Steep slopes are natural
40.17topographic features with an average slope of 12 to 18 percent measured over a horizontal
40.18distance of 50 feet or more; and
40.19(5) "very steep slopes" means slopes 18 percent or greater. Very steep slopes are
40.20natural topographic features with an average slope of 18 percent or greater, measured over
40.21a horizontal distance of 50 feet or more.
40.22    Subd. 5. Application. The standards established under this section shall be used:
40.23(1) by local units of government when preparing or updating plans or modifying
40.24regulations;
40.25(2) by state and regional agencies for permit regulation and in developing plans
40.26within their jurisdiction;
40.27(3) by the Metropolitan Council for reviewing plans and regulations; and
40.28(4) by the commissioner when approving plans and regulations, and reviewing
40.29development permit applications.
40.30    Subd. 6. Notification; fees. (a) A local unit of government or a regional or state
40.31agency shall notify the commissioner of natural resources of all developments in the
40.32corridor that require discretionary actions under their rules at least ten days before taking
40.33final action on the application. The commissioner may establish exemptions from the
40.34notification requirement for certain types of applications. For purposes of this section, a
40.35discretionary action includes all actions that require a public hearing, including variances,
40.36conditional use permits, and zoning amendments.
41.1(b) The commissioner shall recover costs of reviewing information submitted under
41.2paragraph (a). Amounts collected under this paragraph must be credited to an account in
41.3the natural resources fund and are appropriated to the commissioner.
41.4    Subd. 7. Rules. The commissioner shall adopt rules to ensure compliance with this
41.5section. By January 15, 2010, the commissioner shall begin the rulemaking required
41.6by this section under chapter 14. Until the rules required under this section take effect,
41.7the commissioner shall administer the Mississippi River corridor critical area program
41.8in accordance with the governor's executive order number 79-19, published in the State
41.9Register on March 12, 1979.

41.10    Sec. 15. COAL TAR; NOTIFICATION, INVENTORY, AND BEST
41.11MANAGEMENT PRACTICES.
41.12(a) By January 15, 2010, the commissioner of the Pollution Control Agency shall
41.13notify state agencies and local units of government of the potential for contamination of
41.14constructed storm water ponds and wetlands or natural ponds used for the collection
41.15of storm water via constructed conveyances with polycyclic aromatic hydrocarbons
41.16from the use of coal tar sealant products. For the purpose of this section, a storm water
41.17pond is a treatment pond constructed and operated for water quality treatment, storm
41.18water detention, and flood control. Storm water ponds do not include areas of temporary
41.19ponding, such as ponds that exist only during a construction project or short-term
41.20accumulations of water in road ditches.
41.21(b) By January 15, 2010, the commissioner of the Pollution Control Agency shall
41.22establish a schedule and information requirements for state agencies and local units of
41.23government regulated under a national pollutant discharge elimination system/state
41.24disposal system permit for municipal separate storm sewer systems to report to the
41.25commissioner of the Pollution Control Agency on all storm water ponds and other waters
41.26defined in paragraph (a) located within their jurisdiction.
41.27(c) The commissioner of the Pollution Control Agency shall develop best
41.28management practices for state agencies and local units of government regulated under a
41.29national pollutant discharge elimination system/state disposal system permit for municipal
41.30separate storm sewer systems treating or cleaning up contaminated sediments in storm
41.31water ponds and other waters defined under paragraph (a) and make the best management
41.32practices available on the agency's Web site. As part of the development of the best
41.33management practices, the commissioner shall:
42.1(1) sample a set of storm water pond sediments in residential, commercial, and
42.2industrial areas for polycyclic aromatic hydrocarbons and other contaminants of potential
42.3concern;
42.4(2) investigate the feasibility of screening methods to provide more cost-effective
42.5analytical results and to identify which kinds of ponds are likely to have the highest
42.6concentrations of polycyclic aromatic hydrocarbons; and
42.7(3) develop guidance on testing, treatment, removal, and disposal of polycyclic
42.8aromatic hydrocarbon contaminated sediments.
42.9(d) The commissioner of the Pollution Control Agency shall incorporate the
42.10requirements for inventory and best management practices specified in paragraphs (b)
42.11and (c) into the next permitting cycle for the national pollutant discharge elimination
42.12system/state disposal system permit for municipal separate storm sewer systems.

42.13    Sec. 16. ENDOCRINE DISRUPTOR MONITORING.
42.14(a) The commissioner of the Pollution Control Agency shall establish a network of
42.15water monitoring sites in public waters adjacent to wastewater treatment facilities across
42.16the state to assess levels of endocrine disrupting compounds, antibiotic compounds, and
42.17pharmaceuticals.
42.18(b) Each of the monitoring sites must provide enhanced monitoring of the effluent
42.19at the discharge point of the wastewater treatment facility and monitoring of the public
42.20waters above and below the discharge point.
42.21(c) The monitoring sites must be located throughout the state, represent a variety of
42.22wastewater treatment facility sizes based on the number of gallons of water discharged per
42.23day, and represent a variety of waste treatment systems used for primary, secondary, and
42.24tertiary disinfecting treatment and management of biosolids.
42.25(d) In establishing the monitoring network, the commissioner of the Pollution
42.26Control Agency must consult with the commissioners of health and natural resources, the
42.27United States Geological Survey, the Metropolitan Council, local wastewater treatment
42.28facility operators, and the Water Resources Center at the University of Minnesota.
42.29Consideration may be given to monitoring sites at facilities identified as part of a total
42.30maximum daily load study and facilities located on a water body identified for enhanced
42.31protection. The initial monitoring network must include at least ten sites.
42.32(e) Monitoring must include, but is not limited to, endocrine-disrupting compounds
42.33from natural and synthetic hormones, pharmaceuticals, personal care products, and
42.34a range of industrial products and by-products. At a minimum, concentrations of
42.35estrone, nonylphenol, bisphenol-A, 17-beta-estradiol, 17-alpha-ethynylestradiol, estriol,
42.36and antibacterial triclosan must be monitored. Additional compounds, antibacterial
43.1compounds, and pharmaceuticals potentially impacting human health and aquatic
43.2communities may be considered for identification and monitoring including, but not
43.3limited to, nonylphenol ethoxylates, octylphenol, and octylphenol ethoxylates; the
43.4hormones androstenedione, trenbelone, and diethylphthalate; antidepressant medications,
43.5including fluoxetine and fluvoxamine; carbamazepine; and triclocarban.
43.6(f) The commissioner of the Pollution Control Agency shall begin the monitoring
43.7and testing required under this section no later than November 1, 2009. Information
43.8about requirements under this section and the results from the monitoring and testing
43.9must be available on the agency's Web site by June 1, 2010. The commissioner shall
43.10submit a preliminary report on the results of the monitoring and testing to the chairs of the
43.11legislative committees with jurisdiction over environment and natural resources policy
43.12and finance by April 15, 2010, and a final report no later than January 15, 2011.

43.15

Section 1. PARKS AND TRAILS FUND APPROPRIATIONS.

43.16    The sums shown in the columns marked "Appropriations" are appropriated to
43.17the agencies and for the purposes specified in this article. The appropriations are from
43.18the parks and trails fund, or another named fund, and are available for the fiscal years
43.19indicated for each purpose. The figures "2010" and "2011" used in this article mean that
43.20the appropriations listed under them are available for the fiscal year ending June 30, 2010,
43.21or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is
43.22fiscal year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the
43.23fiscal year ending June 30, 2009, are effective the day following final enactment. All
43.24appropriations in this article are onetime only.

43.25				APPROPRIATIONS
43.26				Available for the Year
43.27				Ending June 30
43.28					2010		2011

43.29

Sec. 2. NATURAL RESOURCES.

$

10,399,000

$

21,257,000

43.30(a) $6,749,000 the first year and $14,807,000
43.31the second year are to:
43.32(1) connect people to the outdoors by
43.33providing access, conservation education,
43.34and interpretative services with a goal
43.35of attracting 350,000 additional visitors
44.1to state parks, recreation areas, forest
44.2campgrounds, and trails by the end of the
44.3biennium, reaching 25 percent of all state
44.4parks and trails visitors through education
44.5programming, including conducting at least
44.6500 conservation education programs, by:
44.7(i) enhancing marketing and technology
44.8to target new audiences and provide new
44.9opportunities to engage citizens, including
44.10enhancements to the department's Web
44.11site, community assistance, and volunteer
44.12coordination and enhancement;
44.13(ii) increasing the number of naturalist
44.14interns from 18 to 30 each year under the
44.15new Minnesota Naturalist Corps established
44.16under Minnesota Statutes, section 84.992;
44.17(iii) adding eight new full-time
44.18equivalent naturalists to provide expanded
44.19programming, with a focus on families and
44.20children;
44.21(iv) opening or reopening visitor centers at
44.22Lake Bronson, Blue Mounds, St. Croix, and
44.23Grand Portage State Parks and expanding
44.24visitor center hours at additional high profile
44.25parks;
44.26(v) advancing new conservation education
44.27delivery methods reaching new and younger
44.28audiences with 50 new MP3 audio trail
44.29guides, educational touch screen computers,
44.30podcasts, and videocasts;
44.31(vi) constructing information centers and
44.32kiosks in state parks, including: a pilot
44.33project to construct information centers
44.34that include self-registration equipment and
45.1touch screen displays; electronic information
45.2kiosks that include touch screen displays; and
45.3information kiosks near campgrounds and
45.4day use areas used to display maps, policies,
45.5and other information;
45.6(vii) providing interpretive services for
45.7state trails, including at least five new
45.8kiosks, signage, updating five trail maps,
45.9and developing three new resource-oriented
45.10brochures;
45.11(viii) producing a new state map integrating
45.12state parks, recreation areas, forest
45.13campgrounds, trails, and regional park and
45.14trail facilities; and
45.15(ix) enhancing cross-country skiing in at
45.16least ten state parks, recreation areas, forest
45.17campgrounds, or trails;
45.18(2) accelerate natural resource management,
45.19restoration, and protection activities at state
45.20parks, including:
45.21(i) restoring at least 700 additional acres of
45.22state park land;
45.23(ii) conducting invasive species detection,
45.24prevention, and response activities on at least
45.254,000 acres of state park lands and waters
45.26and reestablishing native plants, shrubs, and
45.27trees after invasive species removal;
45.28(iii) providing rapid response to terrestrial
45.29and aquatic new invasive species detections
45.30and infestations on state park lands and
45.31waters and state trails;
45.32(iv) conducting prescribed burns on an
45.33additional 6,000 acres; and
46.1(v) restoring and managing native prairies
46.2and woodlands along at least six percent of
46.3the developed miles of state trails, including
46.4removing invasive species;
46.5(3) accelerate facility maintenance and
46.6rehabilitation by:
46.7(i) upgrading at least three percent of
46.8facilities in overnight and day use areas;
46.9(ii) improving access to parks and trails
46.10systems for visitors of all ability levels at no
46.11fewer than 15 sites each year;
46.12(iii) enhancing the trail surface of at least
46.13100 miles of state trails, resurfacing 20 to 40
46.14miles of state trails, repairing six to ten trail
46.15bridges, and replacing two to four bridges;
46.16and
46.17(iv) rehabilitating and renewing trails in
46.18state parks, recreation areas, or forest
46.19campgrounds for hiking, biking, and
46.20horseback riding at the rate of at least four
46.21percent per year; and
46.22(4) accelerate facility energy conservation
46.23by increasing energy conservation
46.24and operations, promoting new
46.25conservation-based energy sources,
46.26reducing energy costs and installing solar
46.27energy equipment, including solar thermal
46.28energy equipment, as part of the following
46.29projects:
46.30(i) the design and installation of sustainable
46.31energy features, including the use of solar
46.32energy, at a new campground in Split Rock
46.33Lighthouse State Park;
47.1(ii) the installation of solar energy equipment
47.2to power a new sanitation building and
47.3campsites in St. Croix State Park;
47.4(iii) the installation of solar energy equipment
47.5to power sanitation buildings and campsites
47.6at the Pine Ridge Campground in Itasca State
47.7Park;
47.8(iv) the installation of solar power equipment
47.9for educational demonstration projects and
47.10to offset the use of electricity at Jay Cooke,
47.11Bear Head Lake, Afton, Sibley, Lake Carlos,
47.12Glacial Lakes, Maplewood, William O'Brien,
47.13Wild River, and Lac Qui Parle State Parks;
47.14(v) the installation of solar energy equipment
47.15at the Iron Range Off-Highway Vehicle
47.16Recreation Area in Gilbert;
47.17(vi) the installation of solar energy equipment
47.18to power a sanitation building and lighting at
47.19the Silver Bay Marina;
47.20(vii) the installation of solar energy
47.21equipment to power the rest area and visitor
47.22center at Grand Portage State Park; and
47.23(viii) the installation of solar energy
47.24equipment to power sanitation buildings and
47.25campsites at the Lake Shetek State Park and
47.26additional solar energy projects if funding is
47.27available.
47.28The commissioner shall contract for services
47.29with the Minnesota Conservation Corps for
47.30restoration, maintenance, and other activities
47.31under this paragraph for at least $600,000 the
47.32first year and $1,000,000 the second year.
48.1The commissioner shall leverage federal
48.2stimulus funding for these purposes to the
48.3extent possible.
48.4To the extent possible, any prairie restoration
48.5conducted with money appropriated in this
48.6section must plant vegetation or sow seed
48.7only of ecotypes native to Minnesota, and
48.8preferably of the local ecotype, using a high
48.9diversity of species originating from as
48.10close to the restoration site as possible, and
48.11protect existing native prairies from genetic
48.12contamination.
48.13(b) $1,000,000 the first year and $2,000,000
48.14the second year are for grants for solar
48.15energy projects in metropolitan regional
48.16parks and trails that meet the requirements
48.17of Minnesota Statutes, section 473.147, or
48.18that is currently recognized as meeting the
48.19constitutional requirement of being a park
48.20or trail of regional or statewide significance,
48.21and parks and trails outside the metropolitan
48.22area that are currently recognized as meeting
48.23the constitutional requirement of being a park
48.24or trail of regional or statewide significance.
48.25Up to 2-1/2 percent of this appropriation
48.26may be used for administering the grants. Of
48.27this appropriation, at least $1,000,000 shall
48.28be designated for projects utilizing solar
48.29thermal technology and equipment. The
48.30commissioner shall give priority to projects
48.31that:
48.32(1) would be visible to park or trail visitors
48.33and that demonstrate the use of solar energy;
49.1(2) would provide on-site information
49.2explaining the installation, its benefits, and
49.3the benefits of renewable energy;
49.4(3) would reduce the use of energy from
49.5fossil fuels;
49.6(4) incorporate designs that reflect the
49.7aesthetics of the installation site; or
49.8(5) provide education to visitors on energy
49.9conservation or climate change.
49.10(c) $2,650,000 the first year and $4,450,000
49.11the second year are for grants under
49.12Minnesota Statutes, section 85.535, to
49.13metropolitan regional parks and trails
49.14that meet the requirements of Minnesota
49.15Statutes, section 473.147, or that is currently
49.16recognized as meeting the constitutional
49.17requirement of being a park or trail of
49.18regional or statewide significance, and parks
49.19and trails outside the metropolitan area that
49.20are currently recognized as meeting the
49.21constitutional requirement of being a park
49.22or trail of regional or statewide significance.
49.23Grants under this section must only be used
49.24for acquisition, restoration, and maintenance.
49.25Up to 2-1/2 percent of this appropriation may
49.26be used for administering the grants.
49.27(d) The commissioner shall develop a
49.28ten-year strategic state parks and trails
49.29plan considering traditional funding and
49.30the funding available under the Minnesota
49.31Constitution, article XI, section 15.
49.32(e) The commissioner, in consultation
49.33with the commissioner of the Pollution
49.34Control Agency, the Board of Water and Soil
50.1Resources, the Outdoor Heritage Council,
50.2the Minnesota Board of the Arts, and the
50.3Minnesota Historical Society, shall develop
50.4a logo to be used in signage required of
50.5projects and programs receiving funds from
50.6the outdoor heritage fund, clean water fund,
50.7parks and trails fund, and arts and cultural
50.8heritage fund.
50.9(f) The commissioner shall submit a report
50.10on the expenditure and use of money
50.11appropriated under this section to the
50.12legislature by March 1 of each year. The
50.13report must relate the expenditure of funds
50.14by the categories established and detail the
50.15outcomes in terms of additional use of parks
50.16and trails resources, user satisfaction surveys,
50.17and other appropriate outcomes.

50.18

Sec. 3. METROPOLITAN COUNCIL.

$

$7,500,000

$

$14,600,000

50.19(a) $7,500,000 the first year and $14,600,000
50.20the second year are from the parks and
50.21trails fund to be distributed as required
50.22under Minnesota Statutes, section 85.53,
50.23subdivision 2. Except that of this amount,
50.24$40,000 the first year is for a grant to the
50.25city of Minneapolis to plant trees along the
50.26Victory Memorial Parkway.
50.27(b) The Metropolitan Council shall submit
50.28a report on the expenditure and use of
50.29money appropriated under this section to
50.30the legislature by March 10 of each year.
50.31The report must detail the outcomes in
50.32terms of additional use of parks and trails
50.33resources, user satisfaction surveys, and
50.34other appropriate outcomes.

51.1

Sec. 4. LEGISLATURE.

$

51,000

$

68,000

51.2(a) $23,000 the first year and $15,000
51.3the second year are for the Legislative
51.4Coordinating Commission to fulfill the duties
51.5as required under Minnesota Statutes, section
51.63.303, subdivision 10.
51.7(b) $28,000 the first year and $28,000 the
51.8second year are for the legislative auditor to
51.9conduct restoration audits under Minnesota
51.10Statutes, section 3.971, subdivision 9 and
51.11$25,000 the second year is for program and
51.12financial audits.

51.13    Sec. 5. [84.992] MINNESOTA NATURALIST CORPS.
51.14    Subdivision 1. Establishment. The Minnesota Naturalist Corps is established under
51.15the direct control and supervision of the commissioner of natural resources.
51.16    Subd. 2. Program. The commissioner of natural resources shall develop a program
51.17for the Minnesota Naturalist Corps that supports state parks in providing interpretation
51.18of the natural and cultural features of state parks in order to enhance visitors' awareness,
51.19understanding, and appreciation of those features and encourages the wise and sustainable
51.20use of the environment.
51.21    Subd. 3. Training and mentoring. The commissioner must develop and implement
51.22a training program that adequately prepares Minnesota Naturalist Corps members for the
51.23tasks assigned. Each corps member shall be assigned a state park naturalist as a mentor.
51.24    Subd. 4. Uniform patch. Uniforms worn by members of the Minnesota Naturalist
51.25Corps must have a patch that includes the name of the Minnesota Naturalist Corps and
51.26information that the program is funded by the clean water, land, and legacy amendment to
51.27the Minnesota Constitution adopted by the voters in November 2008.
51.28    Subd. 5. Eligibility. A person is eligible to enroll in the Minnesota Naturalist
51.29Corps if the person:
51.30(1) is a permanent resident of the state;
51.31(2) is a participant in an approved college internship program or has a postsecondary
51.32degree in a natural resource or conservation related field; and
51.33(3) has completed at least one year of postsecondary education.
52.1    Subd. 6. Corps member status. Minnesota Naturalist Corps members are not
52.2eligible for unemployment benefits if their services are excluded under section 268.035,
52.3subdivision 20, and are not eligible for other benefits except workers' compensation. The
52.4corps members are not employees of the state within the meaning of section 43A.02,
52.5subdivision 21.
52.6    Subd. 7. Employee displacement. The commissioner must certify that the
52.7assignment of Minnesota Naturalist Corps members will not result in the displacement of
52.8currently employed workers or workers on seasonal layoff or layoff from a substantially
52.9equivalent position, including partial displacement such as reduction in hours of
52.10nonovertime work, wages, or other employment benefits. The department may not
52.11terminate, lay off, reduce the seasonal hours, or reduce the working hours of any employee
52.12for the purpose of using a corps member with available funds.

52.13    Sec. 6. [85.535] PARKS AND TRAILS GRANT PROGRAM.
52.14    Subdivision 1. Establishment. The commissioner of natural resources shall
52.15administer a program to provide grants from the parks and trails fund to support parks and
52.16trails of regional or statewide significance.
52.17    Subd. 2. Eligibility. To be eligible for grants under this section, a park or trail must:
52.18(1) be a metropolitan regional park or trail that meets the requirements of section
52.19473.147 or that is currently recognized as meeting the constitutional requirement of being
52.20a park or trail of regional or statewide significance; or
52.21(2) be a park or trail outside the metropolitan area, as defined in section 473.121,
52.22subdivision 2, that is currently recognized as meeting the constitutional requirement of
52.23being a park or trail of regional or statewide significance.
52.24    Subd. 3. Priorities. In awarding trails grants under this section, the commissioner
52.25shall give priority to:
52.26(1) trail projects that provide connectivity;
52.27(2) trail projects that provide enhanced opportunities for commuters; and
52.28(3) trail projects that provide enhanced safety.
52.29    Subd. 4. Match. Recipients must provide a nonstate cash match of at least 25
52.30percent of the total eligible project costs.
52.31    Subd. 5. Rule exemption. The commissioner is not subject to the rulemaking
52.32provisions of chapter 14 in implementing this section, and section 14.386 does not apply.

53.3	Section 1. APPROPRIATION.

53.4The sums shown in the columns marked "Appropriations" are appropriated to the
53.5agencies and for the purposes specified in this article. The appropriations are from the
53.6arts and cultural heritage fund and are available for the fiscal years indicated for each
53.7purpose. The figures "2010" and "2011" used in this article mean that the appropriations
53.8listed under them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
53.9respectively. "The first year" is fiscal year 2010. "The second year" is fiscal year 2011.
53.10"The biennium" is fiscal years 2010 and 2011.

53.11 53.12

Sec. 2. MINNESOTA ARTS AND CULTURAL HERITAGE FUND

53.13

Subdivision 1.Total Appropriation

$

44,633,000

$

44,556,000

53.14	Appropriations by Fund
53.15		2010	2011

53.16The amounts that may be spent for each
53.17purpose are specified in the following
53.18subdivisions.

53.19

Subd. 2.Minnesota Board of the Arts

53.20(a) The appropriations in this subdivision
53.21are to the Minnesota Board of the Arts
53.22from the arts and cultural heritage fund.
53.23Grants agreements entered into by the
53.24Board of the Arts and other recipients of
53.25appropriations in this section shall ensure
53.26that these funds are used to supplement and
53.27not supplant traditional sources of funding.
53.28Appropriations made directly to the Board
53.29of the Arts shall supplement, and shall not
53.30substitute for traditional sources of funding.
53.31Funds appropriated in the first year may
53.32be carried over to the second. These are
53.33one-time appropriations. No more than 2.5
53.34percent of each appropriation may be used
54.1for administration by the Board of the Arts.
54.2The Board of the Arts with the assistance
54.3of recipients funded under this section shall
54.4report on all expenditures made from these
54.5funds to the Legislature and Governor by
54.6January 15th of each year.
54.7(b) Regional Arts Boards. $6,000,000
54.8is appropriated on October 1, 2010 and
54.9$6,000,000 in 2011for grants programs to
54.10artists, arts programs, and programs for arts
54.11education and access; such grants are to be
54.12made by regional arts boards. Each regional
54.13arts council must ensure that a portion of the
54.14funds available under this paragraph is used
54.15for grants to artists using nontraditional or
54.16innovative materials or methods, or for grants
54.17to artists dealing with nontraditional subjects.
54.18(c) Statewide Arts Access. $1,000,000 on
54.19October 1, 2010 and $1,000,000 in 2011 is
54.20appropriated for organizations and programs
54.21that provide access to the arts on a statewide
54.22basis.
54.23(d) Artist's Economic Development Fund.
54.24$500,000 in 2010 and $500,000 in 2011 is
54.25appropriated to provide individual grants
54.26to artists for the purposes of economic
54.27subvention or artistic development.
54.28(e) $150,000 in 2010 is appropriated to the
54.29Board of the Arts for the creation of a census
54.30of Minnesota artists and artistic works;
54.31this census must be conducted through a
54.32competitive grant to be administered by the
54.33arts board.

54.34

Subd. 3.Minnesota Historical Society

55.1(a) The appropriations in this subdivision are
55.2to the Minnesota Historical Society from the
55.3arts and cultural heritage fund to preserve
55.4and enhance access to Minnesota's history
55.5and its cultural and historical resources.
55.6Grants agreements entered into by the
55.7Historical Society and other recipients of
55.8appropriations in this section shall ensure
55.9that these funds are used to supplement
55.10and not substitute for traditional sources of
55.11funding. Funds directly appropriated to the
55.12Minnesota Historical Society shall be used to
55.13supplement, and not substitute for traditional
55.14sources of funding. Funds appropriated in the
55.15first year may be carried over to the second.
55.16These are one-time appropriations. No more
55.17than 2.5 percent of each appropriation may
55.18be used for administration by the Minnesota
55.19Historical Society. The Historical Society
55.20with the assistance of recipients funded under
55.21this section shall report on all expenditures
55.22made from these funds to the Legislature and
55.23Governor by January 15th of each year.
55.24(b) Minnesota History Educational Network.
55.25$2,000,000 in 2010 and $1,000,000 in 2011
55.26is appropriated for programs and projects of
55.27service to historical and cultural programs
55.28across the State. Among these may be
55.29funds for the operation of a Minnesota
55.30History Educational Network, to provide
55.31educational and programmatic content to
55.32schools, teachers, museums, historic sites,
55.33and libraries; funds for a History At Home
55.34project, to provide historical content and
55.35materials to persons in their homes, places of
55.36work, schools, libraries, and on the internet;
56.1and programs to provide hands on support
56.2to historical and cultural organizations,
56.3including the purveyance of information and
56.4expertise regarding collections, preservation,
56.5and operation of local historic sites and
56.6societies. These programs and projects must
56.7be conducted in partnership with either local
56.8historical societies, schools, or libraries, as
56.9selected by the Historical Society.
56.10(c) Statewide Historic and Cultural Grants
56.11(i) $6,000,000 on October 1, 2010 and
56.12$6,000,000 in 2011 is appropriated for
56.13history programs and projects operated
56.14or conducted by or through local, county,
56.15regional or other historical or cultural
56.16organizations; or for activities to preserve
56.17significant historic and cultural resources.
56.18Funds are to be distributed through a
56.19competitive grants process. The Minnesota
56.20Historical Society shall administer these
56.21funds using established grants mechanisms,
56.22and with assistance from the advisory
56.23committee created herein. The Preston
56.24grain elevator restoration and recreation
56.25project shall be eligible for grants under this
56.26program.
56.27(ii) The Minnesota Historical Society
56.28shall appoint a historic resources advisory
56.29committee, with members from each of the 8
56.30Congressional districts, and representatives
56.31of local, county, and statewide historical
56.32and cultural organizations and programs, to
56.33provide policy and grant making guidance on
56.34expenditures of funds from this paragraph.
56.35This membership shall include, but is
56.36not limited to, members representing the
57.1interests of historic preservation, local
57.2history, archaeology, archival programs,
57.3and other cultural programs related to the
57.4history of the State of Minnesota. A majority
57.5of members on this advisory committee
57.6must represent local organizations. This
57.7committee shall seek input from all interested
57.8parties, and shall make recommendations
57.9for expenditures from these funds to the
57.10executive council of the Minnesota Historical
57.11Society; all expenditures must meet the
57.12requirements of 138.01.
57.13(iii) $500,000 in 2010 and $500,000 in 2011
57.14is appropriated to the Minnesota Historical
57.15Society for the creation of materials, training,
57.16and assistance to local historical societies
57.17receiving grants under this paragraph. These
57.18funds may not be used to hire permanent
57.19staff.
57.20(d) Collections. $250,000 in 2010 is
57.21appropriated to the Minnesota Historical
57.22Society for the purchase, acquisition, storage,
57.23and restoration of Minnesota's historical and
57.24cultural artifacts. These funds may be carried
57.25over until expended. None of these funds
57.26may be used for administration.
57.27(e) $2,000,000 in fiscal year 2010 is
57.28appropriated from the arts and cultural
57.29heritage fund to the Minnesota Historical
57.30Society for HELP projects under Minnesota
57.31Statutes, section 138.0375, subdivision 3.
57.32(f) $150,000 in 2010 is appropriated to
57.33the Minnesota Historical Society for a
57.34competitive grant to be issued by the Society
57.35for analysis of historical programs in the
58.1state. The analysis shall determine where
58.2services relating to historical and cultural
58.3heritage exist, and where such services do
58.4not exist. The analysis shall advise the
58.5state as to the best strategies to use existing
58.6financial resources to improve the delivery
58.7of history education and historical resources
58.8throughout Minnesota. The Historical
58.9Society shall cooperate with the grant
58.10recipient, and shall provide full access to data
58.11and materials needed to complete this study.
58.12The study shall be reported to the Legislative
58.13Coordinating Commission by December 1,
58.142009.
58.15(g) $2,000,000 on October 1, 2010, and
58.16$500,000 on October 1, 2011 is appropriated
58.17to the Minnesota Historical Society for an
58.18exhibit on the regional, local, and cultural
58.19diversity of Minnesota's history and cultural
58.20heritage. These funds are for the creation of
58.21both travelling exhibits to be made available
58.22to local historical and cultural organizations
58.23and an exhibit to be housed at the Minnesota
58.24History Center. The Historical Society shall
58.25raise funds from private sources to augment
58.26this appropriation, with a goal of $1,500,000
58.27in private funds to be raised. This is not a
58.28match requirement, but the Historical Society
58.29shall certify that a good faith effort has been
58.30made.

58.31 58.32

Subd. 4.Statewide Survey of Historical, Archaeological Sites

58.33$500,000 in 2010 and $500,000 in 2011
58.34is appropriated to the Department of
58.35Administration, for a contract to be let on
58.36a competitive basis to conduct a general
59.1statewide survey of Minnesota's sites of
59.2historical, archaeological, and cultural
59.3significance. Results of this survey must be
59.4published in a searchable form, available
59.5to the public on a cost-free basis. The
59.6Minnesota Historical Society, the State
59.7Archaeologist, and the Board of Indian
59.8Affairs shall each appoint a representative
59.9to an oversight board, to select a contractor
59.10and direct the conduct of this survey. Funds
59.11appropriated for this purpose do not cancel
59.12and may be carried over from one year to the
59.13next.

59.14 59.15

Subd. 5.Programs of Artistic, Educational, Historic, or Cultural Significance

59.16Funds in this subdivision are appropriated
59.17to the commissioner of the department
59.18of administration for grants to the named
59.19organizations for the purposes specified in
59.20this subdivision. Grant agreements entered
59.21into by the commissioner and recipients
59.22of appropriations in this subdivision must
59.23ensure that money appropriated in this
59.24subdivision is used to supplement and not
59.25substitute for traditional sources of funding.
59.26No more than 2.5 percent of any grant may
59.27be used for administration. The Department
59.28of Administration may use up to 1 percent of
59.29appropriated funds for administration. These
59.30are one-time appropriations. (ii) A cultural
59.31grants advisory board may be established by
59.32the department of administration to provide
59.33advice and assistance in the making of
59.34grants under this subdivision. The board, if
59.35appointed, shall consist of seven members,
59.36to be appointed by the commissioner. One
60.1member shall represent public radio and
60.2television, one shall represent Minnesota
60.3zoos, one shall represent the Humanities
60.4Center, and the remaining 4 shall be
60.5appointed by the commissioner to represent a
60.6diverse set of cultural interests. All recipients
60.7of funds under this subdivision shall report to
60.8the legislature by January 15th of each year
60.9on uses of those funds.
60.10(b) Public Television. $2,000,000 on October
60.111, 2010 and $5,000,000 on October 1,
60.122011 is appropriated to public television,
60.13for the development of educational
60.14materials, programs, and publicly available
60.15programming on the artistic, historical, and
60.16cultural heritage of the State and peoples of
60.17Minnesota. Acknowledgment of the funding
60.18sources must be included in all materials
60.19produced in this grant. None of these
60.20funds may be used for normal operations or
60.21infrastructure.
60.22(c) Public Television and Radio;
60.23Documentary. $500,000 in 2010 and
60.24$500,000 in 2011 is appropriated to the
60.25Minnesota public television and public
60.26radio organizations for the joint creation
60.27of radio and television documentaries
60.28regarding the uses and results of Minnesota's
60.29dedicated funding for outdoor resources,
60.30clean water, trails, arts, and cultural heritage.
60.31These documentaries shall be conducted in
60.32accordance with the professional standards of
60.33these organizations, and shall be independent
60.34of and separate from any state control over
60.35content.
61.1(d) Minnesota Public Radio. $2,000,000
61.2on October 1, 2010 and $3,000,000 on
61.3October 1, 2011 is appropriated to public
61.4radio for the development of educational
61.5materials, programs, and publicly available
61.6programming on the artistic, historical, and
61.7cultural heritage of the State and peoples of
61.8Minnesota. None of these funds may be used
61.9for normal operations or infrastructure.
61.10(e) Association of Minnesota Public
61.11Educational Radio. $1,000,000 in 2010
61.12and $2,000,000 in 2011 is appropriated
61.13to public educational radio (AMPERS)
61.14for the development of educational
61.15materials, programs, and publicly available
61.16programming on the artistic, historical, and
61.17cultural heritage of the State and peoples of
61.18Minnesota. None of these funds may be used
61.19for normal operations or infrastructure.
61.20(f) Civics Education. $1,000,000 in 2010
61.21and $1,000,000 in 2011 is appropriated to
61.22the Minnesota Center for the Humanities
61.23for grants to organizations conducting
61.24educational programs for the civic and
61.25cultural development of Minnesota youth.
61.26(g) Children's Museums. $500,000 in 2010
61.27and $500,000 in 2011 is appropriated for
61.28grants to Minnesota's museums for children,
61.29for exhibits and programming on the artistic,
61.30historical, and cultural heritage of the State
61.31and peoples of Minnesota. None of these
61.32funds may be used for normal operations or
61.33infrastructure. Half of these funds are for a
61.34children's museum in Duluth, and the other
61.35half for a children's museum in Saint Paul.
62.1(h) Science Museum. $500,000 in 2010 and
62.2$500,000 in 2011 is appropriated for the
62.3operation of and programmatic development
62.4of the Minnesota Science Museum, for
62.5exhibits and programming on the artistic,
62.6historical, and cultural heritage of the State
62.7and peoples of Minnesota. None of these
62.8funds may be used for normal operations or
62.9infrastructure. Funds shall be matched by the
62.10Science Museum at a rate of 1:1.
62.11(i) Minnesota Digital Library. $500,000 in
62.122010 and $500,000 in 2011 is appropriated
62.13for the Minnesota digital library project,
62.14operated by the Minntex system, to preserve,
62.15digitize, and share Minnesota images,
62.16documents, and historic materials.
62.17(j) Minnesota Center for the Humanities.
62.18$500,000 in 2010 and $500,000 in 2011 is
62.19appropriated to the Minnesota Center for the
62.20Humanities, for programmatic development.
62.21$500,000 in 2010 and $500,000 in 2011
62.22is appropriated to the Center for the
62.23Humanities for grants to museums and
62.24organizations celebrating the ethnic identities
62.25of Minnesotans. The Humanities Center shall
62.26develop a written plan for the competitive
62.27issuance of these grants, and shall submit
62.28that plan for review and approval by the
62.29Department of Administration.
62.30(k) Zoos. $2,000,000 in 2010 and
62.31$2,000,000 in 2011 is appropriated for the
62.32programmatic development of Minnesota's
62.33zoos. Three-quarters of this fund in any
62.34year shall be reserved in equal portions
62.35each for the Minnesota Zoo, the Como
63.1Zoo, and the Duluth Zoo. The remainder
63.2may be apportioned through a competitive
63.3grants process, or may be allocated by the
63.4commissioner.
63.5(l) Councils of Color. $125,000 in 2010
63.6and $125,000 in 2011 is for the Council on
63.7Asian-Pacific Minnesotans, for community
63.8events and to celebrate and preserve the
63.9culture of Asian-Pacific Minnesotans.
63.10$125,000 in 2010 and $125,000 in 2011 is
63.11for the Council on Black Minnesotans for
63.12community events, technical projects, and an
63.13affirmative action baseline study. $125,000
63.14in 2010 and $125,000 in 2011 is for the
63.15Indian Affairs Council for the preservation
63.16of Indian Cultural sites and the burial and
63.17handling of remains. $125,000 in 2010 and
63.18$125,000 in 2011 is to the Council on Affairs
63.19of Chicano/Latino people for research on
63.20community needs.
63.21(m) $50,000 is appropriated to the film
63.22board for a grant to plan for future uses
63.23of a revolving loan fund or other financial
63.24mechanism to stabilize future film rebates
63.25and job creation. This appropriation may
63.26also be used for film festival planning.

63.27

Subd. 6.Minnesota State Capitol

63.28The Department of Administration shall
63.29consider and report to the Legislature on
63.30possible uses of funds created under Article
63.31XI, Section 15 of the constitution for the
63.32renovation and repair of the State Capitol.

63.33

Sec. 3. Department of Education.

63.34

Subdivision 1.Arts education.

2,000,000

2,000,000

64.1(a) This appropriation is for grants to school
64.2districts to provide materials or resources to
64.3teachers, students, and parents to promote
64.4achievement of K-12 academic standards
64.5in the arts. The commissioner must ensure
64.6these grants are distributed equitably among
64.7districts in all regions of the state. No more
64.8than 2.5% of grants under this section may
64.9be used for administration.
64.10(b) The commissioner may award a grant
64.11under this subdivision only if a district
64.12demonstrates that the money will supplement
64.13traditional sources of funding and will not be
64.14used as a substitute.
64.15(c) An applicant for a grant under this
64.16subdivision must state the outcomes to be
64.17achieved with the grant money, and must
64.18report to the commissioner within 90 days
64.19after the grant funds have been spent on
64.20achievement of the proposed outcomes.

64.21

Subd. 2.Arts access.

4,000,000

4,000,000

64.22(a) This appropriation is for grants to provide
64.23access to arts for all ages. The commissioner
64.24may award grants to school districts,
64.25community education programs, libraries,
64.26or to other community organizations. The
64.27commissioner must ensure these grants are
64.28distributed equitably among all regions of
64.29the state. Grants under this subdivision may
64.30be used for either or both of these purposes:
64.31(1) to pay attendance fees and travel
64.32costs for youth to visit art museums, arts
64.33performances, or other arts activities; or
65.1(2) to bring artists to schools, libraries, or
65.2other community centers or organizations for
65.3teaching, training, or performance purposes.
65.4(b) The commissioner may award a grant
65.5under this subdivision only if the recipient
65.6demonstrates that the money will supplement
65.7traditional sources of funding and will not be
65.8used as a substitute.
65.9(c) An applicant for a grant under this
65.10subdivision must state the outcomes to be
65.11achieved with the grant money, and must
65.12report to the commissioner within 90 days
65.13after the grant funds have been spent on
65.14achievement of the proposed outcomes.

65.15

Subd. 3.Libraries

65.16$5,000,000 in 2010 and $5,000,000 in 2011 is
65.17appropriated to the Department of Education
65.18for grants allocated using existing formulas
65.19under 134.355, to the twelve Minnesota
65.20Regional Library Systems, to provide
65.21educational opportunities in the arts, history,
65.22and cultural heritage of Minnesota. No more
65.23than 2.5 percent of funds may be used for
65.24administration by regional library systems.
65.25This is a one-time appropriation. These funds
65.26may be used to sponsor programs provided
65.27by regional libraries, or to provide grants
65.28to local arts and cultural heritage programs
65.29for programs in partnership with regional
65.30libraries. None of these funds may be used
65.31for maintenance of effort requirements.

65.32

Subd. 4.Reporting of outcomes.

65.33The commissioner must report to the
65.34legislature by January 15, 2010 and January
66.115, 2011 on grants made for arts education
66.2and on grants made for arts access under
66.3this section. Each report must include the
66.4recipient, the amount, and the purpose of
66.5each grant. Each report must also summarize
66.6the expected and actual outcomes of the
66.7grant funding.

66.8

Sec. 4. LEGISLATURE.

$

33,000

$

56,000

66.9(a) $33,000 the first year and $21,000
66.10the second year are for the Legislative
66.11Coordinating Commission to fulfill the duties
66.12as required under Minnesota Statutes, section
66.133.303, subdivision 10.
66.14(b) $35,000 the second year is for the
66.15legislative auditor to conduct program and
66.16financial audits.

66.17    Sec. 5. INDIAN LANGUAGE PRESERVATION.
66.18(a) $150,000 is appropriated in fiscal year 2010 from the arts and cultural heritage
66.19fund to the commissioner of education for the working group on Dakota and Ojibwe
66.20Language Revitalization and Preservation created under Article 7, section 5. Any balance
66.21in fiscal year 2010 is available in fiscal year 2011.
66.22(b) $600,000 in 2010 and $750,000 in 2011 is appropriated jointly to the Department
66.23of Education and the Office of Higher Education to issue grants for programs to preserve
66.24Native Indian languages and to foster educational programs in Native languages.

66.25    Sec. 6. APPROPRIATIONS.
66.26    Subdivision 1. Commissioner. The sums indicated in this section are appropriated
66.27from the arts and cultural heritage fund to the commissioner of education for the fiscal
66.28years designated.
66.29    Subd. 2. Dakota and Ojibwe immersion programs. For a grant to the Niigaane
66.30Ojibwe Immersion School and the Wicoie Nandagikendan Urban Immersion Project:

66.31		$	250,000	.....	2010
66.32		$	250,000	.....	2011

67.1Of this amount, $125,000 each year is available for Niigaane Ojibwe Immersion School
67.2and $125,000 each year is available for Wicoie Nandagikendan Urban Immersion Project
67.3to:
67.4(1) develop and expand E-12 curriculum;
67.5(2) provide fluent speakers in the classroom;
67.6(3) develop appropriate testing and evaluation procedures; and
67.7(4) develop community-based training and engagement.
67.8This is a onetime appropriation.


67.11    Section 1. Minnesota Statutes 2008, section 3.303, is amended by adding a subdivision
67.12to read:
67.13    Subd. 10. Constitutionally dedicated funding accountability. (a) The Legislative
67.14Coordinating Commission shall develop and maintain a user-friendly, public-oriented
67.15Web site that informs, educates, and demonstrates to the public how the constitutionally
67.16dedicated funds in the arts and cultural heritage fund, outdoor heritage fund, clean water
67.17fund, parks and trails fund, and environment and natural resources trust fund are being
67.18expended to meet the requirements established for each fund in the state constitution.
67.19Information provided on the Web site must include, but is not limited to:
67.20(1) information on all project proposals received by the Outdoor Heritage Council
67.21and the Legislative-Citizen Commission on Minnesota Resources;
67.22(2) information on all projects receiving funding, including proposed measurable
67.23outcomes and the plan for measuring and evaluating the results;
67.24(3) measured outcomes and evaluation of projects as required under sections 85.53,
67.25subdivision 2; 97A.056, subdivision 9; 114D.50, subdivision 2; 129D.17, subdivision 2;
67.26(4) education about the areas and issues the projects address, including, when
67.27feasible, maps of where projects have been undertaken;
67.28(5) all frameworks developed for future uses of each fund; and
67.29(6) methods by which members of the public may apply for project funds under
67.30any of the constitutionally dedicated funds.
67.31(b) All information for proposed and funded projects, including the proposed
67.32measurable outcomes, must be made available on the Web site as soon as practicable.
67.33Information on the measured outcomes and evaluation must be posted as soon as it
67.34becomes available. The costs of the office shall be paid out of the arts and cultural
67.35heritage fund, outdoor heritage fund, clean water fund, parks and trails fund, and the
68.1environment and natural resources trust fund proportionately. For purposes of this section,
68.2"measurable outcomes" mean outcomes, indicators, or other performance measures that
68.3may be quantified or otherwise measured in order to measure the effectiveness of a project
68.4or program in meeting its intended goal or purpose.
68.5(c) The Legislative Coordinating Commission shall be responsible for receiving
68.6all ten-year plans, and 25-year frameworks for each of the constitutionally dedicated
68.7funds. To the extent practicable, staff for the commission shall provide assistance and
68.8oversight to these planning efforts, and shall coordinate public access to hearings and
68.9public meetings for all planning efforts.

68.10    Sec. 2. [3.3004] PRINCIPLES FOR SPENDING LEGACY FUNDS.
68.11    Subdivision 1. Application. The principles in this section are intended to guide the
68.12legislature in making appropriations from the dedicated funds created under Article XI,
68.13section 15 of the Minnesota Constitution. To the extend practicable, the Outdoor Heritage
68.14Council shall refer to these principles in their planning and project consideration.
68.15    Subd. 2. Legal principles. Appropriations from the dedicated funds must meet all
68.16requirements of Article XI, section 15 of the Minnesota Constitution and all other legal
68.17requirements.
68.18    Subd. 3. Governance, process, and administrative principles. In making
68.19appropriations from the dedicated funds, the legislature must attempt to:
68.20(1) use existing systems, agencies, and entities to distribute funds, rather than
68.21creating new bureaucracies;
68.22(2) be in accordance with plans for each fund, based on current science and on public
68.23engagement, and with outcomes achieved in a reasonable amount of time;
68.24(3) develop and use indicators of success and accountability, meeting the public's
68.25demands for open and transparent processes;
68.26(4) increase outreach and encourage participation in the legislative and grant-making
68.27process, resulting in a wider variety of Minnesotans receiving funds; and
68.28 (5) develop innovative uses of funds that work across traditional boundaries and
68.29encourage cooperation among multiple interest groups.
68.30    Subd. 4. Outcome principles. In making appropriations from the dedicated funds,
68.31the legislature must attempt to:
68.32(1) increase the percentage of Minnesotans who participate in the enjoyment, use,
68.33and maintenance of our cultural and outdoor resources;
68.34(2) provide every Minnesotan greater access to arts and cultural activities, arts
68.35education opportunities, clean water, including quality drinking water, a fully-restored
69.1outdoors environment with hunting and fishing opportunities, outdoor recreation, public
69.2broadcasting signals, and celebrations of Minnesota's traditions and history;
69.3(3) prevent pollution and restore impaired waters;
69.4(4) strive toward meeting statewide priorities and values, emphasizing geographical
69.5and regional fairness within each fund;
69.6(5) give priority to projects that improve the state or a regional economy, creating
69.7jobs and leveraging non-state money; and
69.8(6) communicate through visible identification the direct results of investments
69.9made with money from the constitutionally dedicated funds.

69.10    Sec. 3. Minnesota Statutes 2008, section 3.971, is amended by adding a subdivision to
69.11read:
69.12    Subd. 9. Restoration audits. The legislative auditor shall conduct restoration
69.13audits on a portion of land restorations funded in whole or in part with state funds, to
69.14determine whether the activities and programs funded with state funds, including the
69.15outdoor heritage fund, the parks and trails fund, the clean water fund, the environment and
69.16natural resources trust fund, and state-issued bonds, are accomplishing their restoration
69.17goals. The audit must include a critical analysis of the restoration goals and objectives,
69.18scientific evaluation of the results, and the effectiveness of the restorations in meeting
69.19applicable restoration requirements. The legislative auditor shall hire or contract with
69.20scientists and other appropriate persons to meet this requirement. Restoration audits shall
69.21be funded out of the fund that funded the restoration, when possible. For the purposes
69.22of this section, a "restoration audit" is a scientific evaluation of an area of land that has
69.23been restored in order to determine whether the restoration meets applicable requirements
69.24for the restoration.

69.25    Sec. 4. Minnesota Statutes 2008, section 85.53, is amended to read:
69.2685.53 PARKS AND TRAILS FUND.
69.27    Subdivision 1. Establishment. The parks and trails fund is established in the
69.28Minnesota Constitution, article XI, section 15. All money earned by the parks and trails
69.29fund must be credited to the fund.
69.30    Subd. 2. Expenditures; accountability. (a) A project or program receiving funding
69.31from the parks and trails fund must meet or exceed the constitutional requirement to
69.32support parks and trails of regional or statewide significance. A project or program
69.33receiving funding from the parks and trails fund must include measurable outcomes, as
69.34defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the
70.1results. A project or program must be consistent with current science when appropriate
70.2and incorporate state of the art technology when appropriate.
70.3(b) Funding from the parks and trails fund must be requested and granted for an
70.4entire project, even if the project will take multiple years to complete. For the purposes of
70.5this requirement, a project that is part of a larger project and that could also be considered
70.6a single project is a single project.
70.7(c) Biennially, money from the parks and trails fund shall be expended to balance
70.8the benefits across all regions and residents of the state.
70.9(d) All information for funded projects, including the proposed measurable
70.10outcomes, must be made available on the Web site required under section 3.303,
70.11subdivision 10, as soon as practicable. Information on the measured outcomes and
70.12evaluation must be posted as soon as it becomes available.
70.13(e) Grants funded by the parks and trails fund must be implemented according to
70.14section 16B.98. Proposals must specify all organizations, including contact information,
70.15that will receive any portion of a grant and specify a process for any regranting envisioned.
70.16Priority for grant proposals must be given to proposals involving grants that will be
70.17competitively awarded.
70.18(f) A recipient of money from the parks and trails fund must display a sign on lands
70.19and capital improvements purchased, restored, or protected with money from the parks
70.20and trails fund that identifies it as a project funded with money from the vote of the people
70.21of Minnesota on November 4, 2008.
70.22(g) Money from the parks and trails fund may only be spent on projects located
70.23in Minnesota.
70.24    Subd. 3. Metropolitan area distribution formula. Money appropriated from the
70.25parks and trails fund to the Metropolitan Council shall be distributed to implementing
70.26agencies, as defined in section 473.351, subdivision 1, paragraph (a), as grants according
70.27to the following formula:
70.28(1) 45 percent of the money must be disbursed according to the allocation formula in
70.29section 473.351, subdivision 3, to each implementing agency;
70.30(2) 31.5 percent of the money must be distributed based on each implementing
70.31agency's relative share of the most recent estimate of the population of the metropolitan
70.32area;
70.33(3) 13.5 percent of the money must be distributed based on each implementing
70.34agency's relative share of nonlocal visits based on the most recent user visitation survey
70.35conducted by the Metropolitan Council; and
71.1(4) ten percent of the money must be distributed as grants to implementing agencies
71.2for land acquisition within Metropolitan Council approved regional parks and trails master
71.3plan boundaries under the council's park acquisition opportunity grant program. The
71.4Metropolitan Council must provide a match of $2 of the council's park bonds for every $3
71.5of state funds for the park acquisition opportunity grant program.
71.6    Subd. 4. Data availability. Data collected by the projects funded with money from
71.7the parks and trails fund that have value for planning and management of natural resource,
71.8emergency preparedness, and infrastructure investments must conform to the enterprise
71.9information architecture developed by the Office of Enterprise Technology. Spatial data
71.10must conform to geographic information system guidelines and standards outlined in that
71.11architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land
71.12Management Information Center. A description of these data that adheres to the Office
71.13of Enterprise Technology geographic metadata standards must be submitted to the Land
71.14Management Information Center to be made available online through the clearinghouse
71.15and the data must be accessible and free to the public unless made private under chapter
71.1613. To the extent practicable, summary data and results of projects and programs funded
71.17with money from the parks and trails fund should be readily accessible on the Internet and
71.18identified as a parks and trails fund project.
71.19    Subd. 5. Special review. A project receiving an appropriation or appropriations
71.20from the parks and trails fund totalling $10,000,000 or more in a biennium is subject to the
71.21following requirements:
71.22(1) the attorney general must review and approve all contracts and real estate
71.23transactions, including conservation easements, and make a determination of whether they
71.24are in the best interest of the state and whether they meet all applicable requirements; and
71.25(2) a second appraisal, meeting the state appraisal requirements for land acquisitions
71.26under section 84.0272, must be conducted and approved by the commissioner of natural
71.27resources for all real estate transactions, including conservation easements.

71.28    Sec. 5. Minnesota Statutes 2008, section 97A.056, subdivision 2, is amended to read:
71.29    Subd. 2. Lessard Outdoor Heritage Council. (a) The Lessard Outdoor Heritage
71.30Council of 12 members is created in the legislative branch, consisting of:
71.31    (1) two public members appointed by the senate Subcommittee on Committees of
71.32the Committee on Rules and Administration;
71.33    (2) two public members appointed by the speaker of the house;
71.34    (3) four public members appointed by the governor;
72.1    (4) two members of the senate appointed by the senate Subcommittee on Committees
72.2of the Committee on Rules and Administration; and
72.3    (5) two members of the house of representatives appointed by the speaker of the
72.4house.
72.5    (b) Members appointed under paragraph (a) must not be registered lobbyists.
72.6In making appointments, the governor, senate Subcommittee on Committees of the
72.7Committee on Rules and Administration, and the speaker of the house shall consider
72.8geographic balance, gender, age, ethnicity, and varying interests including hunting and
72.9fishing. The governor's appointments to the council are subject to the advice and consent
72.10of the senate.
72.11    (c) Public members appointed under paragraph (a) shall have practical experience
72.12or expertise or demonstrated knowledge in the science, policy, or practice of restoring,
72.13protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
72.14wildlife.
72.15    (d) Legislative members appointed under paragraph (a) shall include the chairs
72.16of the legislative committees with jurisdiction over environment and natural resources
72.17finance or their designee, one member from the minority party of the senate, and one
72.18member from the minority party of the house of representatives.
72.19    (e) Members serve four-year terms and shall be initially appointed according to
72.20the following schedule of terms:
72.21    (1) two public members appointed by the governor for a term ending the first
72.22Monday in January 2011;
72.23    (2) one public member appointed by the senate Subcommittee on Committees of the
72.24Committee on Rules and Administration for a term ending the first Monday in January
72.252011;
72.26    (3) one public member appointed by the speaker of the house for a term ending
72.27the first Monday in January 2011;
72.28    (4) two public members appointed by the governor for a term ending the first
72.29Monday in January 2013;
72.30    (5) one public member appointed by the senate Subcommittee on Committees of the
72.31Committee on Rules and Administration for a term ending the first Monday in January
72.322013;
72.33    (6) one public member appointed by the speaker of the house for a term ending the
72.34first Monday in January 2013; and
72.35    (7) two members of the senate appointed by the senate Subcommittee on Committees
72.36of the Committee on Rules and Administration for a term ending the first Monday in
73.1January 2013, and two members of the house of representatives appointed by the speaker
73.2of the house for a term ending the first Monday in January 2013.
73.3    (f) Compensation and removal of public members are as provided in section
73.415.0575 . A vacancy on the council may be filled by the appointing authority for the
73.5remainder of the unexpired term.
73.6    (g) The first meeting of the council shall be convened by the chair of the Legislative
73.7Coordinating Commission no later than December 1, 2008. Members shall elect a chair,
73.8vice-chair, secretary, and other officers as determined by the council. The chair may
73.9convene meetings as necessary to conduct the duties prescribed by this section.
73.10    (h) The Department of Natural Resources Legislative Coordinating Commission
73.11shall provide administrative support for the council. Up to one percent of the money
73.12appropriated from the fund may be used to cover the staffing and related administrative
73.13expenses of the department and to cover the compensation and travel council; office
73.14expenses; and per diem and expenses of council members pursuant to this subdivision;
73.15the staffing and related administrative expenses of the legislative auditor under section
73.163.971, subdivision 9; and the staffing and related expenses of the Legislative Coordinating
73.17Commission under section 3.303, subdivision 10.

73.18    Sec. 6. Minnesota Statutes 2008, section 97A.056, subdivision 3, is amended to read:
73.19    Subd. 3. Council recommendations. (a) The council shall make recommendations
73.20to the legislature on appropriations of money from the outdoor heritage fund that are
73.21consistent with the Constitution and state law and that take into consideration will
73.22achieve the outcomes of existing natural resource plans, including, but not limited to,
73.23the Minnesota Statewide Conservation and Preservation Plan, that directly relate to the
73.24restoration, protection, and enhancement of wetlands, prairies, forests, and habitat for fish,
73.25game, and wildlife, and that prevent forest fragmentation, encourage forest consolidation,
73.26and expand restored native prairie. The council shall submit its initial recommendations to
73.27the legislature no later than April 1, 2009. Subsequent recommendations shall be submitted
73.28no later than January 15 each year. The council shall present its recommendations to the
73.29senate and house of representatives committees with jurisdiction over the environment
73.30and natural resources budget by February 15 in odd-numbered years, and within the
73.31first four weeks of the legislative session in even-numbered years. The council's budget
73.32recommendations to the legislature shall be separate from the Department of Natural
73.33Resource's budget recommendations.
73.34    (b) To encourage and support local conservation efforts, the council shall establish a
73.35conservation partners program. Local, regional, state, or national organizations may apply
74.1for matching grants for restoration, protection, and enhancement of wetlands, prairies,
74.2forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation,
74.3encouragement of forest consolidation, and expansion of restored native prairie.
74.4    (c) The council may work with the Clean Water Council to identify projects that
74.5are consistent with both the purpose of the outdoor heritage fund and the purpose of
74.6the clean water fund.
74.7    (d) The council may make recommendations to the Legislative-Citizen Commission
74.8on Minnesota Resources on scientific research that will assist in restoring, protecting, and
74.9enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing
74.10forest fragmentation, encouraging forest consolidation, and expanding restored native
74.11prairie.
74.12    (e) Recommendations of the council, including approval of recommendations for the
74.13outdoor heritage fund, require an affirmative vote of at least nine members of the council.
74.14(f) The council may work with the Clean Water Council, the Legislative-Citizen
74.15Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and
74.16water conservation districts, and experts from Minnesota State Colleges and Universities
74.17and the University of Minnesota in developing the council's recommendations.
74.18(g) The council shall develop and implement a process that ensures that citizens
74.19and potential recipients of funds are included throughout the process, including the
74.20development and finalization of the council's recommendations. The process must include
74.21a fair, equitable, and thorough process for reviewing requests for funding and a clear and
74.22easily understood process for ranking projects.
74.23(h) The council shall use the regions of the state based upon the ecological
74.24regions and subregions developed by the Department of Natural Resources and establish
74.25objectives for each region and subregion to achieve the purposes of the fund outlined
74.26in the state constitution.
74.27(i) The council shall develop and submit to the Legislative Coordinating Commission
74.28plans for the first ten years of funding, and a framework for 25 years of funding, consistent
74.29with statutory and constitutional requirements. The council may use existing plans from
74.30other legislative, state, and federal sources, as applicable.

74.31    Sec. 7. Minnesota Statutes 2008, section 97A.056, subdivision 6, is amended to read:
74.32    Subd. 6. Audit. The council shall select an independent auditor to legislative auditor
74.33shall audit the outdoor heritage fund expenditures, including administrative and staffing
74.34expenditures, every two years to ensure that the money is spent to restore, protect, and
74.35enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife.

75.1    Sec. 8. Minnesota Statutes 2008, section 97A.056, subdivision 7, is amended to read:
75.2    Subd. 7. Legislative oversight. (a) The senate and house of representatives chairs
75.3of the committees with jurisdiction over the environment and natural resources budget
75.4shall convene a joint hearing to review the activities and evaluate the effectiveness of the
75.5council and evaluate the effectiveness and efficiency of the department's administration
75.6and staffing of the council after five years but to receive reports on the council from the
75.7legislative auditor no later than June 30, 2014.
75.8    (b) By January 15, 2013, a professional outside review authority shall be chosen by
75.9the chairs of the house of representatives and senate committees with jurisdiction over
75.10environment and natural resources to evaluate the effectiveness and efficiency of the
75.11department's administration and staffing of the council. A report shall be submitted to
75.12the chairs by January 15, 2014.

75.13    Sec. 9. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision
75.14to read:
75.15    Subd. 8. Priorities and expenditure requirements. (a) A project receiving funding
75.16from the outdoor heritage fund must meet or exceed the constitutional requirements to
75.17restore, protect, and enhance wetlands, prairies, forests, and habitat for fish, game, and
75.18wildlife. Priority must be given to projects that meet more than one of these requirements.
75.19A project must be consistent with current science when appropriate and incorporate state
75.20of the art technology when appropriate. The council may establish funding priorities to
75.21direct funding toward the highest priorities. Priority may be given to projects that are
75.22time sensitive or have a sense of urgency.
75.23(b) Funding from the outdoor heritage fund must be requested and granted for an
75.24entire project, even if the project will take multiple years to complete. For the purposes of
75.25this requirement, a project that is part of a larger project and that could also be considered
75.26a single project is a single project.
75.27(c) Biennially, money from the outdoor heritage fund shall be expended to balance
75.28the benefits across all regions and residents of the state.
75.29(d) Grants funded by the outdoor heritage fund must be implemented according to
75.30section 16B.98. Proposals must specify all organizations, including contact information,
75.31that will receive any portion of a grant and specify a process for any regranting envisioned.
75.32Priority for grant proposals must be given to proposals involving grants that will be
75.33competitively awarded.
75.34(e) Money from the outdoor heritage fund may only be spent on projects located
75.35in Minnesota.

76.1    Sec. 10. Minnesota Statutes 2008, section 97A.056, is amended by adding a
76.2subdivision to read:
76.3    Subd. 9. Proposal and project requirements. (a) A request for funding from
76.4the outdoor heritage fund shall:
76.5(1) include a list of measurable outcomes, as defined in section 3.303, subdivision
76.610, and a plan for measuring and evaluating the results;
76.7(2) to the extent practicable, include a list of any lands to be acquired, protected, or
76.8restored; and
76.9(3) identify the entity that will hold the title or easement of any lands to be acquired
76.10or protected.
76.11(b) Lands acquired by fee with funds from the outdoor heritage fund must be open
76.12to the public taking of game and fish during the open season unless otherwise provided
76.13by law.
76.14(c) Lands acquired by fee, restored, or protected by easements with money from
76.15the outdoor heritage fund should ensure the viability of Minnesota's forests, prairies,
76.16wetlands, and habitats by supporting native biological diversity and their ecological
76.17complexes and provide protection against invasive species, and must meet one or more
76.18of the following criteria:
76.19(1) identified as an area of biodiversity significance by the county biological survey;
76.20(2) maintains or enhances native plant, fish, or wildlife species designated as
76.21endangered or threatened under section 84.0895;
76.22(3) maintains a native ecological community;
76.23(4) possesses a unique quality that is of value to the biodiversity of the region;
76.24(5) are adjacent to lands meeting one or more of the requirements under clauses (1)
76.25to (4) and that, when restored or protected, enhance those adjacent lands;
76.26(6) are degraded lands that, when restored, would provide or contribute to critical
76.27habitat for native plants, fish, and wildlife; or
76.28(7) enhances native plant, fish, or wildlife species.
76.29(d) Lands acquired by fee or easement purchased in whole or in part with money
76.30from the outdoor heritage fund must be perpetually protected and have an ecological
76.31restoration plan with sufficient funding for implementation. The ecological restoration
76.32plan must meet the statutory definitions of restore, protect, and enhance in Minnesota
76.33Statutes, section 84.02. Consideration should be given to relevant factors that would
76.34provide the best chance for long-term success of the restoration. The plan shall:
77.1(1) include the proposed timetable for implementing the restoration, including
77.2site preparation, establishment of diverse plant species, maintenance, and additional
77.3enhancement to establish the restoration;
77.4(2) identify long-term maintenance and management needs of the restoration and
77.5how the maintenance, management, and enhancement will be financed; and
77.6(3) take advantage of the most current science and include innovative techniques
77.7to achieve the best restoration.
77.8(e) Lands restored with money from the outdoor heritage fund must use vegetation
77.9only of Minnesota's native ecotypes using a high diversity of species grown as close to the
77.10restoration site as possible and protect existing native prairies from genetic contamination.
77.11(f) Lands purchased, restored, or protected by easements with money from the
77.12outdoor heritage fund are not eligible for wetland replacement or mitigation credits.
77.13(g) A recipient of money from the outdoor heritage fund must display a sign on lands
77.14purchased, restored, or protected by easements with money from the outdoor heritage fund
77.15that identifies it as a project funded with money from the vote of the people of Minnesota
77.16on November 4, 2008.
77.17(h) To ensure public accountability for the use of public funds, a recipient of
77.18money from the outdoor heritage fund must provide documentation to the council of the
77.19selection process used to identify parcels acquired and provide documentation of all
77.20related transaction costs, including but not limited to appraisals, legal fees, recording fees,
77.21commissions, other similar costs, and donations. This information must be provided for
77.22all parties involved in the transaction. The recipient shall also report to the council any
77.23difference between the acquisition amount paid to the seller and the state-certified or
77.24state-reviewed appraisal. Acquisition data such as appraisals may remain private during
77.25negotiations but must ultimately be made public according to chapter 13.
77.26(i) The owner of an interest in real property acquired with money from the outdoor
77.27heritage fund may not alter the intended use of the interest in real property or convey any
77.28interest in the real property acquired with the appropriation without notifying the council
77.29in writing. For the purposes of this section, "interest in real property" includes, but is not
77.30limited to, an easement or fee title to property.
77.31(j) A recipient of money from the outdoor heritage fund shall not use the funds to
77.32cover any organizational or operational expenses not related to the project being funded.
77.33(k) All information for proposed and funded projects, including the proposed
77.34measurable outcomes, must be made available on the Web site required under section
77.353.303, subdivision 10, as soon as practicable. Information on the measured outcomes and
77.36evaluation must be posted as it becomes available.

78.1    Sec. 11. Minnesota Statutes 2008, section 97A.056, is amended by adding a
78.2subdivision to read:
78.3    Subd. 10. Data availability. Data collected by the projects funded with money
78.4from the outdoor heritage fund that have value for planning and management of natural
78.5resource, emergency preparedness, and infrastructure investments must conform to the
78.6enterprise information architecture developed by the Office of Enterprise Technology.
78.7Spatial data must conform to geographic information system guidelines and standards
78.8outlined in that architecture and adopted by the Minnesota Geographic Data Clearinghouse
78.9at the Land Management Information Center. A description of these data that adheres to
78.10the Office of Enterprise Technology geographic metadata standards must be submitted
78.11to the Land Management Information Center to be made available online through the
78.12clearinghouse and the data must be accessible and free to the public unless made private
78.13under chapter 13. To the extent practicable, summary data and results of projects funded
78.14with money from the outdoor heritage fund should be readily accessible on the Internet
78.15and identified as an outdoor heritage fund project.

78.16    Sec. 12. Minnesota Statutes 2008, section 97A.056, is amended by adding a
78.17subdivision to read:
78.18    Subd. 11. Report required. The council shall, by January 15 of each year, submit a
78.19report to the governor, the chairs of the house of representatives appropriations and senate
78.20finance committees, and the chairs of the house of representatives and senate committees
78.21on environment and natural resources and the committees with jurisdiction over the
78.22outdoor heritage fund. The report must be available to the public and posted on the Web
78.23site required under section 3.303, subdivision 10. The report must include:
78.24(1) the source and amount of all revenues collected and distributed by the council,
78.25including all administrative and other expenses;
78.26(2) a description of the assets and liabilities of the outdoor heritage fund;
78.27(3) any findings or recommendations that are deemed proper to assist the legislature
78.28in formulating legislation;
78.29(4) a list of all gifts and donations with a value over $1,000; and
78.30(5) a copy of the most recent audit required under subdivision 6 and any restoration
78.31audits required under section 3.971, subdivision 9, completed during the preceding
78.32biennium.

78.33    Sec. 13. Minnesota Statutes 2008, section 97A.056, is amended by adding a
78.34subdivision to read:
79.1    Subd. 12. Special review. A project receiving an appropriation or appropriations
79.2from the outdoor heritage fund totalling $10,000,000 or more in a biennium is subject to
79.3the following requirements:
79.4(1) the attorney general must review and approve all contracts and real estate
79.5transactions, including conservation easements, and make a determination of whether they
79.6are in the best interest of the state and whether they meet all applicable requirements; and
79.7(2) a second appraisal, meeting the state appraisal requirements for land acquisitions
79.8under section 84.0272, must be conducted and approved by the commissioner of natural
79.9resources for all real estate transactions, including conservation easements.

79.10    Sec. 14. Minnesota Statutes 2008, section 114D.50, is amended to read:
79.11114D.50 CLEAN WATER FUND.
79.12    Subdivision 1. Establishment. The clean water fund is established in the Minnesota
79.13Constitution, article XI, section 15. All money earned by the fund must be credited to
79.14the fund.
79.15    Subd. 2. Sustainable drinking water account. The sustainable drinking water
79.16account is established as an account in the clean water fund.
79.17    Subd. 3. Purpose. (a) The clean water fund may be spent only to protect, enhance,
79.18and restore water quality in lakes, rivers, and streams, to protect groundwater from
79.19degradation, and to protect drinking water sources by:
79.20(1) providing additional grants, loans, and technical assistance to public agencies
79.21and others who are participating in the process of testing waters, identifying impaired
79.22waters, developing total maximum daily loads, implementing restoration plans for
79.23impaired waters, and evaluating the effectiveness of restoration;
79.24(2) supporting additional measures to prevent surface waters from becoming
79.25impaired and to improve the quality of waters that are listed as impaired, but do not have
79.26an approved total maximum daily load addressing the impairment;
79.27(3) providing additional grants and loans for wastewater and storm water treatment
79.28projects through the Public Facilities Authority;
79.29(4) supporting additional measures to prevent the degradation of groundwater in
79.30accordance with the groundwater degradation prevention goal under section 103H.001; and
79.31(5) providing additional funds to state agencies to carry out their responsibilities,
79.32including enhanced compliance and enforcement, under this chapter.
79.33(b) Funds from the clean water fund must supplement traditional sources of funding
79.34for these purposes and may not be used as a substitute.
80.1    Subd. 4. Expenditures; accountability. (a) A project receiving funding from
80.2the clean water fund must meet or exceed the constitutional requirements to protect,
80.3enhance, and restore water quality in lakes, rivers, and streams and to protect groundwater
80.4from degradation. Priority must be given to projects that meet more than one of these
80.5requirements. A project receiving funding from the clean water fund shall include
80.6measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for
80.7measuring and evaluating the results. A project must be consistent with current science
80.8when appropriate and incorporate state of the art technology when appropriate.
80.9(b) Biennially, money from the clean water fund shall be expended to balance the
80.10benefits across all regions and residents of the state.
80.11(c) All information for proposed and funded projects, including the proposed
80.12measurable outcomes, must be made available on the Web site required under section
80.133.303, subdivision 10, as soon as practicable. Information on the measured outcomes and
80.14evaluation must be posted as it becomes available. Information classified as not public
80.15under section 13D.05, subdivision 3, paragraph (d), is not required to be placed on the
80.16Web site.
80.17(d) Grants funded by the clean water fund must be implemented according to section
80.1816B.98. Proposals must specify all organizations, including contact information, that
80.19will receive any portion of a grant and specify a process for any regranting envisioned.
80.20Priority for grant proposals must be given to proposals involving grants that will be
80.21competitively awarded.
80.22(e) A recipient of money from the clean water fund must display a sign on lands
80.23and capital improvements purchased, restored, or protected with money from the clean
80.24water fund that identifies it as a project funded with money from the vote of the people of
80.25Minnesota on November 4, 2008.
80.26(f) Money from the clean water fund may only be spent on projects located in
80.27Minnesota.
80.28    Subd. 5. Data availability. Data collected by the projects funded with money from
80.29the clean water fund that have value for planning and management of natural resource,
80.30emergency preparedness, and infrastructure investments must conform to the enterprise
80.31information architecture developed by the Office of Enterprise Technology. Spatial data
80.32must conform to geographic information system guidelines and standards outlined in that
80.33architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land
80.34Management Information Center. A description of these data that adheres to the Office
80.35of Enterprise Technology geographic metadata standards must be submitted to the Land
80.36Management Information Center to be made available online through the clearinghouse
81.1and the data must be accessible and free to the public unless made private under chapter
81.213. To the extent practicable, summary data and results of projects funded with money
81.3from the clean water fund should be readily accessible on the Internet and identified as a
81.4clean water fund project.
81.5    Subd. 6. Special review. A project receiving an appropriation or appropriations
81.6from the clean water fund totalling $10,000,000 or more in a biennium is subject to the
81.7following requirements:
81.8(1) the attorney general must review and approve all contracts and real estate
81.9transactions, including conservation easements, and make a determination of whether they
81.10are in the best interest of the state and whether they meet all applicable requirements; and
81.11(2) a second appraisal, meeting the state appraisal requirements for land acquisitions
81.12under section 84.0272, must be conducted and approved by the commissioner of natural
81.13resources for all real estate transactions, including conservation easements.

81.14    Sec. 15. Minnesota Statutes 2008, section 116P.05, subdivision 2, is amended to read:
81.15    Subd. 2. Duties. (a) The commission shall recommend an annual legislative bill for
81.16appropriations from the environment and natural resources trust fund and shall adopt a
81.17strategic plan as provided in section 116P.08. Approval of the recommended legislative
81.18bill requires an affirmative vote of at least 12 members of the commission.
81.19(b) The commission shall recommend expenditures to the legislature from the state
81.20land and water conservation account in the natural resources fund.
81.21(c) It is a condition of acceptance of the appropriations made from the Minnesota
81.22environment and natural resources trust fund, and oil overcharge money under section
81.234.071, subdivision 2, that the agency or entity receiving the appropriation must submit
81.24a work program and semiannual progress reports in the form determined by the
81.25Legislative-Citizen Commission on Minnesota Resources, and comply with applicable
81.26reporting requirements under section 116P.16. The work program and semiannual
81.27progress reports must include a list of measurable outcomes and a plan for measuring
81.28and evaluating the results. A list of any lands to be restored, or acquired in fee title or
81.29through easements, and the entity that will hold the title or easement must be identified
81.30in the work program. None of the money provided may be spent unless the commission
81.31has approved the pertinent work program.
81.32(d) The peer review panel created under section 116P.08 must also review, comment,
81.33and report to the commission on research proposals applying for an appropriation from the
81.34oil overcharge money under section 4.071, subdivision 2.
82.1(e) The commission may adopt operating procedures to fulfill its duties under this
82.2chapter.
82.3(f) As part of the operating procedures, the commission shall:
82.4(1) ensure that members' expectations are to participate in all meetings related to
82.5funding decision recommendations;
82.6(2) recommend adequate funding for increased citizen outreach and communications
82.7for trust fund expenditure planning;
82.8(3) allow administrative expenses as part of individual project expenditures based
82.9on need;
82.10(4) provide for project outcome evaluation;
82.11(5) keep the grant application, administration, and review process as simple as
82.12possible; and
82.13(6) define and emphasize the leveraging of additional sources of money that project
82.14proposers should consider when making trust fund proposals.

82.15    Sec. 16. Minnesota Statutes 2008, section 129D.17, is amended to read:
82.16129D.17 ARTS AND CULTURAL HERITAGE FUND.
82.17    Subdivision 1. Establishment. The arts and cultural heritage fund is established in
82.18the Minnesota Constitution, article XI, section 15. All money earned by the fund must
82.19be credited to the fund.
82.20    Subd. 2. Expenditures; accountability. (a) Funding from the arts and cultural
82.21heritage fund may be spent only for arts, arts education, and arts access and to preserve
82.22Minnesota's history and cultural heritage. A project or program receiving funding from the
82.23arts and cultural heritage fund must include measurable outcomes, as defined in section
82.243.303, subdivision 10, and a plan for measuring and evaluating the results. A project or
82.25program must be consistent with current science, or best practices, when appropriate and
82.26incorporate state of the art technology when appropriate.
82.27(b) Funding from the arts and cultural heritage fund must be requested and granted
82.28for an entire project, even if the project will take multiple years to complete. For the
82.29purposes of this requirement, a project that is part of a larger project and that could also be
82.30considered a single project is a single project.
82.31(c) Biennially, money from the arts and cultural heritage fund shall be expended to
82.32balance the benefits across all regions and residents of the state.
82.33(d) All information for funded projects, including the proposed measurable
82.34outcomes, must be made available on the Web site required under section 3.303,
83.1subdivision 10, as soon as practicable. Information on the measured outcomes and
83.2evaluation must be posted as soon as it becomes available.
83.3(e) Grants funded by the arts and cultural heritage fund must be implemented
83.4according to section 16B.98. Proposals must specify all organizations, including contact
83.5information, that will receive any portion of a grant and specify a process for any
83.6regranting envisioned. Priority for grant proposals must be given to proposals involving
83.7grants that will be competitively awarded.
83.8(f) A recipient of money from the arts and cultural heritage fund must display a sign
83.9on capital projects and an acknowledgment in a printed program or other material funded
83.10with money from the arts and cultural heritage fund that identifies it as a project funded
83.11with money from the vote of the people of Minnesota on November 4, 2008.
83.12(g) All money from the arts and cultural heritage fund must be for projects located
83.13in Minnesota.
83.14    Subd. 3. Special review. A project receiving an appropriation or appropriations
83.15from the arts and cultural heritage fund totalling $10,000,000 or more in a biennium
83.16is subject to the following requirements:
83.17(1) the attorney general must review and approve all contracts and real estate
83.18transactions and make a determination of whether they are in the best interest of the state
83.19and whether they meet all applicable requirements; and
83.20(2) a second appraisal, meeting the state appraisal requirements for land acquisitions,
83.21must be conducted.

83.22    Sec. 17. STATE AND REGIONAL PARKS AND TRAILS FRAMEWORK.
83.23(a) $250,000 in fiscal year 2010 is appropriated from the parks and trails fund to
83.24the commissioner of natural resources for a collaborative project to develop a 25-year
83.25framework for the use of the money available in the parks and trails fund under the
83.26Minnesota Constitution, article XI, section 15, and other traditional sources of funding.
83.27The collaborative project shall consist of a joint effort between representatives of the
83.28commissioner of natural resources, the Metropolitan Council and its implementing
83.29agencies, the Central Minnesota Regional Parks and Trails Coordinating Board, and
83.30regional parks and trails organizations outside the metropolitan area. The members shall
83.31prepare a ten-year strategic parks and trails coordination plan and develop a 25-year
83.32framework for use of the funding that includes goals and measurable outcomes and
83.33includes a vision for Minnesotans of what the state and regional parks will look like in
83.3425 years.
84.1(b) In developing the coordination plan and framework, the members shall utilize a
84.2process, including Web site survey tools and regional listening sessions, to be staffed by
84.3the commissioner, that ensures that citizens are included in development and finalization
84.4of the final plan and framework. The commissioner, council, and board shall provide for
84.5input from user groups and local and regional park and trail organizations.
84.6(c) The plan and framework must include:
84.7(1) a proposed definition of "parks and trails of regional significance";
84.8(2) a plan to increase the number of visitors to state and regional parks;
84.9(3) assessment of the need for new or expanded regional outdoor recreation systems
84.10to preserve and connect high quality, diverse national resources in areas with concentrated
84.11and increasing populations;
84.12(4) budgeting for ongoing maintenance;
84.13(5) decommissions;
84.14(6) a plan for trails that takes into account connectivity and the potential for use
84.15by commuters;
84.16(7) requirements for local contribution; and
84.17(8) benchmarks, beginning no later than July 1, 2014.
84.18(d) The commissioner shall submit the ten-year plan and 25-year framework in a
84.19report to the Legislative Coordinating Commission no later than November, 2009.

84.20    Sec. 18. ARTS AND CULTURAL HERITAGE FRAMEWORK.
84.21By February 1, 2010, a joint subcommittee of the House and Senate committees with
84.22jurisdiction over the arts and cultural heritage fund shall conduct public meetings to gather
84.23additional public stakeholder input and provide recommendations to their respective
84.24bodies for a one-year plan establishing criteria, priorities and parameters for awarding
84.25grants and resources. The Legislative Coordinating Commission may use resources
84.26allocated to them under this section to provide the research and analysis necessary for
84.27the subcommittee to complete their work.
84.28(a) $250,000 in fiscal year 2010 is appropriated from the arts and cultural heritage
84.29fund to the Legislative Coordinating Commission for a collaborative project to develop
84.30a ten-year plan and a 25-year framework for the use of the money available in the arts
84.31and cultural heritage fund under the Minnesota Constitution, article XI, section 15, and
84.32other traditional sources of funding. The collaborative project shall consist of a joint
84.33effort between representatives of an arts education organization, the Minnesota Historical
84.34Society, Minnesota Board of the Arts, selected Minnesota zoos, children's museums, and
84.35libraries, Minnesota Public television and radio, the Center for the Humanities, and the
84.36Science Museum of Minnesota. The speaker and senate sub-committee on committees
85.1shall each appoint three public members with expertise in the arts and cultural heritage,
85.2who have no connection to existing arts and cultural heritage organizations, and who come
85.3from diverse areas of the state, to provide public perspective on future frameworks for
85.4funding. The commission shall ensure that public hearings are conducted by those creating
85.5plans and frameworks under this section. The members shall prepare a ten-year plan and a
85.625-year framework for use of the funding that includes goals and measurable outcomes
85.7and includes a vision for Minnesotans of what arts and cultural heritage will look like in
85.825 years. The Legislative Coordinating Commission may choose to issue a contract to the
85.9University of Minnesota to conduct and coordinate this collaborative project, or may let a
85.10competitive grant to another organization for such a contract.
85.11(b) In developing the coordination plan and framework, the members shall utilize
85.12a process, including Web site survey tools and regional listening sessions, to be staffed
85.13by the Legislative Coordinating Commission, that ensures that citizens are included
85.14in development and finalization of the final plan and framework. The Legislative
85.15Coordinating Commission shall provide for input from user groups and local and regional
85.16arts and cultural heritage organizations.
85.17(c) The plan and framework must include:
85.18(1) a proposed definition of "arts and cultural heritage";
85.19(2) a plan to increase participation in arts and cultural activities;
85.20(3) plans to enhance services to persons, programs, artists, and communities not
85.21traditionally served by existing programs, including plans to develop and change existing
85.22program priorities to meet these goals;
85.23(4) a plan for serving areas with limited access to arts and cultural heritage
85.24organizations,
85.25(5) ongoing budgeting;
85.26(6) requirements for local contribution;
85.27(7) standards for measuring outcomes;
85.28(8) leveraging private and non-state dollars and examining the economic impact
85.29of new and expanded programs;
85.30(9) consideration and feasibility of a revolving loan fund for capital projects; and
85.31(10) consideration of ways to best limit funding to Minnesota-only projects.
85.32(d) The director of the Legislative Coordinating Commission shall submit the
85.33ten-year plan and a 25-year framework in a report to the legislature no later than October
85.341, 2010, and shall submit a preliminary report no later than December 15, 2009.

85.35    Sec. 19. COMPREHENSIVE STATEWIDE SUSTAINABLE WATER
85.36RESOURCES DETAILED FRAMEWORK.
86.1(a) The University of Minnesota shall develop a comprehensive statewide
86.2sustainable water resources detailed framework to protect, conserve, and enhance the
86.3quantity and quality of the state's ground and surface waters. The detailed framework
86.4shall be a long-range, 25-year detailed framework, with an implementation schedule and
86.5associated benchmarks, for policy, research, monitoring, and evaluation in order to achieve
86.6sustainable ground and surface water use, including the ecological benefits provided by
86.7water resources to humans and fish and wildlife habitat. For the purposes of the detailed
86.8framework, water use is sustainable when the use does not harm ecosystems, degrade
86.9water quality, or compromise the ability of future generations to meet their own needs.
86.10(b) The detailed framework shall be developed by the University of Minnesota Water
86.11Resources Center in cooperation with federal, state, and local government and private
86.12nonprofits with expertise in water resources. In developing the detailed framework, the
86.13water resources plans of organizations with water resources expertise shall be considered.
86.14The detailed framework must include, but is not limited to, identification of infrastructure
86.15needs, drinking water, ground and surface waters, storm water, agricultural and industrial
86.16needs, the interfaces of climate change, development and land use, and demographics.
86.17The detailed framework must identify best practices and methods for determining the
86.18effectiveness of those practices for wastewater treatment, drinking water source protection,
86.19pollution prevention, conservation, and water valuation.
86.20(c) The University of Minnesota shall also develop a ten-year plan for sustainable
86.21water resources. In developing this plan, the University of Minnesota Water Resources
86.22Center may examine existing plans, as available, and appropriate, from the Environmental
86.23Quality Board and Clean Water Council.
86.24(d) The University of Minnesota shall submit the detailed framework to the chairs of
86.25the legislative committees with jurisdiction over environment and natural resources policy
86.26and finance by January 1, 2011.
86.27(e) It is a condition of acceptance of this appropriation that the University of
86.28Minnesota must submit a work plan, a timeline, a budget, and periodic progress reports to
86.29the Legislative Coordinating Commission. After review, the work plan, progress reports,
86.30and any comments on the plan must be submitted to the house of representatives and
86.31senate environment finance and policy committees, and to the Legislative Coordinating
86.32Commission.

86.33    Sec. 20. LIMITS ON APPROPRIATIONS.
86.34All appropriations from any fund created under Article XI, Section 15 shall be
86.35one-time only, for the 2010-2011 biennium, and shall not carry forward past 2011 unless
86.36otherwise stated. No appropriations may be carried forward as part of a budget base.
87.1The Legislature shall reconsider all funding before the beginning of the 2011 legislative
87.2session, and shall construct new appropriations without regards to past funding decisions.

87.3    Sec. 21. [3.358] LEGISLATIVE GUIDE.
87.4A legislative guide shall be created stating principles for the use and expected
87.5outcomes of all funds from dedicated sales taxes pursuant to Article XI, Section 15 of the
87.6Minnesota Constitution. This guide shall be created jointly by the Cultural and Outdoor
87.7Resources Division of the House, and by the appropriate Senate Committee as designated
87.8by the Majority Leader of the Senate.
87.9The legislative guide required by this section shall be for the years 2010 through
87.102015 and shall include the following provisions:
87.11(i) principles by which to guide future expenditures for each fund;
87.12(ii) desired outcomes for such expenditures;
87.13(iii) a general statement applicable to later years for these funds; and
87.14(iv) consideration of financial methods such as revolving loan funds that may be
87.15used in future appropriations.
87.16The legislative guide shall be completed by the legislative committees by December
87.1715, 2009, and shall be considered and discussed by all committees with jurisdiction over
87.18these funds at public hearings.
87.19To the extent practicable, the legislative guide shall be used to direct future
87.20appropriations of the Legislature.


87.23    Section 1. [84C.021] CONSERVATION EASEMENT PURPOSE STATEMENT.
87.24A conservation easement purchased in whole or in part with state funds appropriated
87.25on or after July 1, 2009, must include a statement of the conservation purposes of the
87.26easement including the conservation attributes associated with the real property and the
87.27benefit to the general public intended to be served by the restriction on uses of the real
87.28property subject to the conservation easement.

87.29    Sec. 2. [84C.06] LONG-TERM LAND MANAGEMENT ACCOUNT.
87.30    Subdivision 1. Account established. A long-term land management account is
87.31established in the special revenue fund. The commissioner of finance shall credit to the
87.32long-term land management account the contributions required under subdivision 2 and
87.33any gifts and donations made to the account. The State Board of Investment shall invest
87.34the principle of the account. All earnings on the investment shall accrue to the account. For
88.1the purposes of this section, land management includes monitoring and enforcement. The
88.2commissioner of finance shall report to the legislature by January 15 of each odd-numbered
88.3year on contributions and investment earnings of the account and, effective in 2019, on
88.4expenditures from the account. "Monitoring" for purposes of this section means review of
88.5actual practices of land management as they occur. "Enforcement" for purposes of this
88.6section means actions taken to ensure compliance with laws and stated agreements.
88.7    Subd. 2. Contributions required. (a) A holder of a permanent conservation
88.8easement purchased in whole or in part with state funds appropriated on or after July 1,
88.92009, shall contribute the greater of $10,000 or five percent of the appraised value of the
88.10land to the long-term land management account established in subdivision 1 within 30
88.11days of purchasing the easement.
88.12(b) A holder of a permanent conservation easement that transfers the conservation
88.13easement to the state on or after July 1, 2009, shall contribute the greater of $10,000
88.14or five percent of the appraised value of the land to the long-term land management
88.15account established in subdivision 1 within 30 days of transferring the easement unless the
88.16contribution requirement has been met by the state.
88.17(c) The owner of land acquired in fee title purchased in whole or in part with state
88.18funds appropriated on or after July 1, 2009, for natural resource purposes, including
88.19lands acquired by the commissioner of natural resources and lands acquired to restore,
88.20protect, and enhance wetlands, prairies, forests, habitat, water quality, and other natural
88.21resources, shall contribute the greater of $10,000 or five percent of the appraised value of
88.22the land to the long-term land management account established in subdivision 1 within
88.2330 days of purchasing the land.
88.24(d) The owner of land acquired in fee title purchased in whole or in part with state
88.25funds for natural resource purposes, including lands acquired by the commissioner of
88.26natural resources or lands acquired to restore, protect, and enhance wetlands, prairies,
88.27forests, habitat, water quality, and other natural resources, that transfers land to the state
88.28on or after July 1, 2009, shall contribute the greater of $10,000 or five percent of the
88.29appraised value of the land to the long-term land management account established in
88.30subdivision 1 within 30 days of transferring the land unless the contribution requirement
88.31has been met by the state. This paragraph does not apply to a unit of local government
88.32for land acquired for park purposes, trails, open space, conservation and agricultural
88.33preservation, if the commissioner of natural resources determines that the governing body
88.34of the unit of local government has approved a plan to manage the park land for as long as
88.35the unit of local government owns the land.
89.1(e) Nothing in this section prohibits a holder of an easement or the owner of land
89.2in fee title from accepting gifts or other funds to be used in meeting the contribution
89.3requirements of this section or prohibits a contribution from being made on behalf of a
89.4holder of an easement or owner of land in fee title to meet the requirements of this section.
89.5(f) For the purposes of this section, "appraised value" is the most recent assessor's
89.6estimated market value under section 273.11, subdivision 1, the most recent purchase
89.7price, or the most recent appraised value of the land, whichever is greater.
89.8(g) For conservation easements acquired under chapters 103B-103H, or when
89.9federal funds contribute to the purchase of an easement, the state's easement cost as
89.10determined by rates established by the Board of Water and Soil Resources, will be the
89.11basis for determining the five percent in this section.
89.12    Subd. 3. Exemption. The commissioner of natural resources may waive the
89.13contribution requirement under subdivision 2 for a holder of a conservation easement or
89.14owner of land in fee title, upon request, provided the following conditions are met:
89.15(1) for the holder of a conservation easement, the holder must:
89.16(i) demonstrate a history of providing long-term management, monitoring, and
89.17enforcement of conservation easements;
89.18(ii) demonstrate the ability to fund long-term management, monitoring, and
89.19enforcement of conservation easements; and
89.20(iii) have or soon will set aside funds for the management, monitoring, and
89.21enforcement of the conservation easement subject to the requirement under subdivision 2,
89.22such as administration of an account similar to the long-term land management account
89.23established under this section.
89.24(2) for the owner of land in fee title, the owner must:
89.25(i) demonstrate a history of providing land management in accordance with
89.26applicable requirements and natural resource purposes;
89.27(ii) demonstrate the ability to fund the applicable land management requirements
89.28and purposes; and
89.29(iii) have or soon will set aside funds for the management of the land subject to the
89.30requirement under subdivision 2, such as administration of an account similar to the
89.31long-term land management account established under this section.
89.32    Subd. 4. Expenditures. Money appropriated from the long-term land management
89.33account must only be spent on the management, monitoring, and enforcement of
89.34conservation easements to ensure that the purposes for conservation easements according
89.35to section 84C.021 are met and on the management of lands purchased with state funds
90.1for natural resource purposes. Funds must be appropriated by law and shall not be
90.2appropriated until July 1, 2017.

90.3    Sec. 3. Minnesota Statutes 2008, section 477A.12, subdivision 2, is amended to read:
90.4    Subd. 2. Procedure. Lands for which payments in lieu are made pursuant to section
90.597A.061, subdivision 3 , and Laws 1973, chapter 567, or lands for which a onetime
90.6payment has been made under section 477A.121 shall not be eligible for payments
90.7under this section. Each county auditor shall certify to the Department of Natural
90.8Resources during July of each year prior to the payment year the number of acres of
90.9county-administered other natural resources land within the county. The Department of
90.10Natural resources may, in addition to the certification of acreage, require descriptive lists
90.11of land so certified. The commissioner of natural resources shall determine and certify to
90.12the commissioner of revenue by March 1 of the payment year:
90.13(1) the number of acres and most recent appraised value of acquired natural
90.14resources land within each county;
90.15(2) the number of acres of commissioner-administered natural resources land within
90.16each county;
90.17(3) the number of acres of county-administered other natural resources land within
90.18each county, based on the reports filed by each county auditor with the commissioner
90.19of natural resources; and
90.20(4) the number of acres of land utilization project land within each county.
90.21The commissioner of transportation shall determine and certify to the commissioner
90.22of revenue by March 1 of the payment year the number of acres of land and the appraised
90.23value of the land described in subdivision 1, paragraph (b), but only if it exceeds 500 acres.
90.24The commissioner of revenue shall determine the distributions provided for in this
90.25section using the number of acres and appraised values certified by the commissioner of
90.26natural resources and the commissioner of transportation by March 1 of the payment year.

90.27    Sec. 4. [477A.121] NATURAL RESOURCES LAND ONETIME PAYMENT.
90.28    Subdivision 1. Onetime payments. (a) A onetime payment shall be made under
90.29this section on any acquired natural resources land purchased with funds, including state
90.30bond proceeds, appropriated on or after July 1, 2009, to the county in which the land is
90.31located. The payment is equal to 25 percent of the appraised value of the acquired natural
90.32resources land.
90.33(b) Each year, the commissioner of natural resources shall determine the total
90.34amount of payments for each county on acquired natural resources lands located in the
91.1county that were acquired in the previous calendar year and certify that amount to the
91.2commissioner of revenue by March 1.
91.3(c) Land receiving a onetime payment under this section is not eligible for payments
91.4under section 97A.061 or 477A.12.
91.5    Subd. 2. Determination of appraised value. For the purposes of this section, the
91.6appraised value of acquired natural resources land is the purchase price. The appraised
91.7value of acquired natural resources land received as a donation is the value determined for
91.8the commissioner of natural resources by a licensed appraiser, or the county assessor's
91.9estimated market value if the county assessor's estimated market value is less than
91.10$100,000 and no appraisal has been done.
91.11    Subd. 3. Transfer; source of funds. (a) An amount necessary to make the payments
91.12required under this section is annually appropriated to the commissioner of natural
91.13resources as determined under paragraph (b) or (c), for transfer to the commissioner of
91.14revenue. The commissioner of revenue shall make the payments required under this
91.15section to the counties at the same time that the first half of aid payments under sections
91.16477A.011 to 477A.014 are made.
91.17(b) An amount necessary to make the payment for acquired natural resources lands
91.18under this section shall be transferred from the state fund or account that funded the
91.19acquisition to the general fund. If the acquisition was funded from more than one fund
91.20or account, the transferred amounts shall be in proportion to the share of funds that each
91.21fund or account contributed to the acquisition. If a transfer is prohibited from the fund
91.22or account, the amount needed for this payment shall be appropriated by law to the
91.23commissioner of natural resources for transfer to the commissioner of revenue.
91.24(c) For acquired natural resources land acquired by donation, the amount necessary
91.25to make the payment under this section shall be transferred to the general fund from an
91.26account or fund identified by the commissioner of natural resources as an account or fund
91.27with a purpose consistent with the purpose of the acquisition.
91.28    Subd. 4. Use of funds. A county may use the onetime payments distributed under
91.29this section at the county's discretion, including using the payment to establish an interest
91.30bearing account to provide funds to offset future expenses incurred by the county in
91.31support of natural resources lands.

91.32    Sec. 5. EFFECTIVE DATE.
91.33(a) Sections 1 to 4 are effective July 1, 2009, except that sections 1 to 4 do not apply
91.34to the Board of Water and Soil Resources until September 30, 2010; and
91.35(b) Sections 1 to 4 do not apply to any project or appropriation contained in this act.


92.3    Section 1. Minnesota Statutes 2008, section 84.02, is amended by adding a subdivision
92.4to read:
92.5    Subd. 4a. Enhance. "Enhance" means to improve in value, quality, and desirability
92.6in order to increase the ecological value of the land or water.

92.7    Sec. 2. Minnesota Statutes 2008, section 84.02, is amended by adding a subdivision to
92.8read:
92.9    Subd. 6a. Protect. "Protect" means actions taken to preserve the structure and
92.10functions of ecological systems to maintain active and healthy ecosystems and prevent
92.11future degradation.

92.12    Sec. 3. Minnesota Statutes 2008, section 84.02, is amended by adding a subdivision to
92.13read:
92.14    Subd. 6b. Restore. "Restore" means renewing degraded, damaged, or destroyed
92.15ecosystems through active human intervention to achieve high quality ecosystems
92.16that provide the structure, function, biological diversity, and dynamics of the specific
92.17ecosystem.

92.18    Sec. 4. [3.3006] APPLICATION.
92.19The definitions of "enhance," "protect," and "restore" found in Minnesota Statutes,
92.20section 84.02 apply to all funds appropriated and purposes authorized under the clean
92.21water fund, parks and trails fund, and outdoor heritage fund.

92.22    Sec. 5. VOLUNTEER WORKING GROUP ON DAKOTA AND OJIBWE
92.23LANGUAGE REVITALIZATION AND PRESERVATION.
92.24    Subdivision 1. Establishment. A volunteer working group is established to develop
92.25a unified strategy to revitalize and preserve indigenous languages of the 11 federally
92.26recognized American Indian tribes in Minnesota. As the federal government recognized
92.27through passage of the Esther Martinez Native American Languages Preservation Act
92.28of 2006, the revitalization and preservation of American Indian languages is of vital
92.29importance to preserving the American Indian culture. There have been recent efforts in
92.30Minnesota to develop programs to teach the Dakota and Ojibwe languages to students
92.31and to create fluent speakers at both the kindergarten through grade 12 level and at the
92.32postsecondary level. The volunteer working group shall, among other duties, inventory
93.1these efforts and make recommendations regarding how to further revitalize and preserve
93.2Dakota and Ojibwe languages.
93.3    Subd. 2. Membership. The executive director of the Minnesota Indian Affairs
93.4Council shall invite each of the 11 federally recognized tribes under Minnesota Statutes,
93.5section 3.922, subdivision 1, clause (1), to participate by appointing one member of each
93.6tribe to the working group. Three additional members shall be appointed by the Indian
93.7Affairs Council. Two of these members must represent the American Indian population
93.8in the Minneapolis-St. Paul area and one member must represent the American Indian
93.9population in Duluth. Other working group members may include, at their discretion, the
93.10commissioner of education or the commissioner's appointee, the director of the Office of
93.11Higher Education or the director's appointee, one member of the Board of Teaching, one
93.12member of the senate appointed by its Subcommittee on Committees, and one member
93.13of the house of representatives appointed by the speaker of the house. The working
93.14group may add other members as deemed appropriate by a majority vote of the existing
93.15members. The executive director of the Indian Affairs Council must convene the first
93.16meeting no later than September 1, 2009. At the first meeting, the members shall elect
93.17from amongst themselves a chair and vice chair of the working group.
93.18    Subd. 3. Duties. The working group must develop strategies for the 11 federally
93.19recognized American Indian tribes and the state to work together to revitalize and preserve
93.20the Dakota and Ojibwe languages in Minnesota. The duties of the working group include,
93.21but are not limited to:
93.22(1) creating an inventory of existing programs designed to preserve Dakota and
93.23Ojibwe languages in the state, including postsecondary programs, programs in tribal
93.24schools, and other schools throughout the state;
93.25(2) creating an inventory of available resources for Dakota and Ojibwe language
93.26revitalization and immersion programs, including curriculum, educational materials,
93.27and trained teachers;
93.28(3) identifying curriculum needs to train teachers to teach the Dakota and Ojibwe
93.29languages in immersion programs and barriers to training teachers to teach the Dakota and
93.30Ojibwe language;
93.31(4) identifying classroom curriculum needs for teaching students in Dakota and
93.32Ojibwe languages;
93.33(5) determining how the identified curriculum needs should be met;
93.34(6) determining if there is a need for a central repository of resources, and if there
93.35is a need, where the repository should be located, how it should be structured, and who
93.36should have responsibility for maintaining the repository;
94.1(7) determining what technical assistance the state could offer to further Dakota
94.2and Ojibwe language immersion programs;
94.3(8) identifying both existing state and national financial resources available to further
94.4Dakota and Ojibwe language revitalization and preservation efforts;
94.5(9) identifying current state and federal law, rules, regulations, and policy that
94.6should be repealed, modified, or waived, in order to further Dakota and Ojibwe language
94.7immersion programs; and
94.8(10) assessing the level of interest in the community for Dakota and Ojibwe
94.9language immersion programs.
94.10    Subd. 4. Report. The working group must report its findings and recommendations
94.11to the Indian Affairs Council and the committees of the legislature having jurisdiction over
94.12early childhood through grade 12 education and higher education by February 15, 2011.
94.13The committee expires on February 16, 2011.
94.14EFFECTIVE DATE.This section is effective the day following final enactment.

94.15    Sec. 6. [138.0375] HISTORY EDUCATION LEARNING PROGRAM GRANTS.
94.16    Subdivision 1. History education learning program established. The history
94.17education learning program (HELP) is established to augment the preservation of historic
94.18sites in Minnesota with funding from the arts and cultural heritage fund created by the
94.19Minnesota Constitution, article XI, section 15.
94.20    Subd. 2. Eligible projects. (a) HELP funding must be for one or more of the
94.21following purposes:
94.22(1) code compliance at a historic site, including, but not limited to, health and safety,
94.23Americans with Disabilities Act requirements, hazardous material abatement, access
94.24improvement, or air quality improvement;
94.25(2) building, grounds, or infrastructure repairs or maintenance necessary to preserve
94.26or protect the historic site; or
94.27(3) capital improvements or modernization for interactive, interpretive, or cultural
94.28purposes at a historic site.
94.29(b) Up to ten percent of an appropriation awarded under this section may be used for
94.30design and administrative costs.
94.31    Subd. 3. State-owned historic sites. Money appropriated for purposes of this
94.32subdivision is for state-owned historic sites and must be used for the purposes described in
94.33subdivision 2.
95.1    Subd. 4. Project priorities; report to legislature. (a) The Minnesota Historical
95.2Society shall establish criteria for prioritizing HELP projects.
95.3(b) By January 15 of each year, the Minnesota Historical Society shall submit
95.4a prioritization plan to the chairs and ranking minority members of the house of
95.5representatives and senate committees and divisions with jurisdiction over arts and cultural
95.6heritage finance. The prioritization plan must include, without limitation, a list of the
95.7projects that have been paid for during the preceding calendar year with HELP funding,
95.8a prioritized list of projects for which HELP funding will be sought during the next ten
95.9fiscal years, and a summary of the need and estimated costs for each project.


95.12    Section 1. APPROPRIATION; INVASIVE SPECIES RESERVE.
95.13$2,000,000 is appropriated in fiscal year 2010 from the outdoor heritage fund to
95.14the commissioner of agriculture to identify, prevent, and in consultation with the forest
95.15resources council to rapidly and effectively respond to the threat or presence of terrestrial
95.16invasive species including plant pests. At the commissioner's discretion, the commissioner
95.17may access this appropriation if sufficient resources are not available from state, federal,
95.18or other sources or if the commissioner determines that sufficient state, federal, or other
95.19resources will not be available to the commissioner in time to effectively prevent the
95.20introduction or spread of terrestrial invasive species and avert environmental or economic
95.21harm. The commissioner of agriculture may transfer all or part of this appropriation to the
95.22commissioner of natural resources and may award grants to local units of government or
95.23other entities.

95.24    Sec. 2. STATE EXTERNAL FIREWOOD QUARANTINE.
95.25As authorized under Minnesota Statutes, section 18G.06, the commissioner of
95.26agriculture must immediately issue and enforce an emergency state exterior quarantine
95.27to prevent the entry of firewood into this state unless the person possessing the firewood
95.28demonstrates to the satisfaction of the commissioner or the commissioner's agent that
95.29the firewood:
95.30(1) was aged at least two years;
95.31(2) has been heated sufficiently to kill pests and disease; or
95.32(3) is either transported or will be received by a person who has entered into a
95.33compliance agreement with the commissioner.
95.34The quarantine may be modified or repealed at the discretion of the commissioner of
95.35agriculture, as provided under Minnesota Statutes, section 18G.06, subdivision 6."
96.1Amend the title accordingly