1.1.................... moves to amend H.F. No. 1061 as follows:
1.2Delete everything after the enacting clause and insert:

1.3"ARTICLE 1
1.4OUTDOOR HERITAGE FUND

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 "2012" and "2013" used in this article mean that the appropriations listed under
1.10them are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively.
1.11"The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium"
1.12is fiscal years 2012 and 2013. The appropriations in this article are onetime.
1.13
 APPROPRIATIONS
1.14
 Available for the Year
1.15
 Ending June 30
1.16
 2012
 2013

1.17
 Sec. 2. OUTDOOR HERITAGE
1.18
 Subdivision 1.Total Appropriation
 $
 92,081,000
 $
 471,000
1.19This appropriation is from the outdoor
1.20heritage fund. The amounts that may be
1.21spent for each purpose are specified in the
1.22following subdivisions.
1.23
 Subd. 2.Prairies
 35,324,000
 -0-
2.1(a) Wildlife Management Area, Scientific
2.2and Natural Areas, and Prairie Bank
2.3Easement Acquisition - Phase III
2.4$4,690,000 the first year is to the
2.5commissioner of natural resources to:
2.6(1) acquire land in fee for wildlife
2.7management area purposes under Minnesota
2.8Statutes, sections 86A.05, subdivision 8, and
2.997A.145;
2.10(2) acquire land in fee for scientific and
2.11natural area purposes under Minnesota
2.12Statutes, sections 84.033 and 86A.05,
2.13subdivision 5; and
2.14(3) acquire native prairie bank easements
2.15under Minnesota Statutes, section 84.96.
2.16Of this amount, $759,000 is for transfer
2.17to the outdoor heritage land management
2.18account in the special revenue fund for the
2.19purposes specified in Minnesota Statutes,
2.20section 97A.056, subdivision 1a.
2.21A list of proposed land or permanent
2.22conservation easement acquisitions must
2.23be provided as part of the required
2.24accomplishment plan. The accomplishment
2.25plan must include an easement monitoring
2.26and enforcement plan. Money appropriated
2.27from the outdoor heritage fund for easement
2.28acquisition may be used to establish a
2.29monitoring and enforcement fund as
2.30approved in the accomplishment plan,
2.31and subject to subdivision 15. An annual
2.32financial report is required for any monitoring
2.33and enforcement fund established, including
2.34expenditures from the fund.
3.1(b) Accelerated Prairie Restoration and
3.2Enhancement on DNR Lands - Phase III
3.3$1,652,000 the first year is to the
3.4commissioner of natural resources to
3.5accelerate the restoration and enhancement
3.6on wildlife management areas, scientific and
3.7natural areas, and land under native prairie
3.8bank easements.
3.9(c) Minnesota Buffers for Wildlife and
3.10Water
3.11$2,249,000 the first year is to the Board of
3.12Water and Soil Resources in cooperation
3.13with Pheasants Forever to acquire permanent
3.14conservation easements to enhance habitat
3.15by expanding riparian wildlife buffers on
3.16private land. A list of proposed easement
3.17acquisitions must be provided as part of
3.18the required accomplishment plan. The
3.19accomplishment plan must include an
3.20easement monitoring and enforcement
3.21plan. Money appropriated from the outdoor
3.22heritage fund for easement acquisition
3.23may be used to establish a monitoring
3.24and enforcement fund as approved in
3.25the accomplishment plan and subject to
3.26subdivision 15. An annual financial report is
3.27required for any monitoring and enforcement
3.28fund established, including expenditures
3.29from the fund.
3.30(d) Northern Tallgrass Prairie National
3.31Wildlife Refuge Land Acquisition - Phase
3.32III
3.33$1,720,000 the first year is to the
3.34commissioner of natural resources for an
3.35agreement with The Nature Conservancy
4.1to acquire land or permanent easements
4.2within the Northern Tallgrass Prairie Habitat
4.3Preservation Area in western Minnesota for
4.4addition to the Northern Tallgrass Prairie
4.5National Wildlife Refuge. A list of proposed
4.6land acquisitions must be provided as part
4.7of the required accomplishment plan. The
4.8accomplishment plan must include an
4.9easement monitoring and enforcement plan.
4.10(e) Minnesota Prairie Recovery Project -
4.11Phase II
4.12$4,500,000 the first year is to the
4.13commissioner of natural resources for an
4.14agreement with The Nature Conservancy to
4.15acquire native prairie and savanna and restore
4.16and enhance grasslands and savanna. A list of
4.17proposed land acquisitions must be provided
4.18as part of the required accomplishment plan.
4.19Acquisitions, restorations, and enhancements
4.20must be within the two existing and two
4.21additional pilot focus areas contained in
4.22the accomplishment plan. Annual income
4.23statements and balance sheets for income
4.24and expenses from land acquired with
4.25appropriations from the outdoor heritage
4.26fund must be submitted to the Lessard-Sams
4.27Outdoor Heritage Council.
4.28(f) Cannon River Headwaters Habitat
4.29Complex - Phase I
4.30$1,877,000 the first year is to the
4.31commissioner of natural resources for an
4.32agreement with The Trust for Public Land
4.33to acquire and restore lands in the Cannon
4.34River watershed for wildlife management
4.35area purposes under Minnesota Statutes,
5.1section 86A.05, subdivision 8, or aquatic
5.2management areas under Minnesota Statutes,
5.3sections 86A.05, subdivision 14, and 97C.02.
5.4Of this amount, $344,000 is for transfer
5.5to the outdoor heritage land management
5.6account in the special revenue fund for the
5.7purposes specified in Minnesota Statutes,
5.8section 97A.056, subdivision 1a. A list of
5.9proposed land acquisitions must be provided
5.10as part of the required accomplishment plan.
5.11(g) Accelerating the Wildlife Management
5.12Area Program - Phase III
5.13$6,691,000 the first year is to the
5.14commissioner of natural resources for an
5.15agreement with Pheasants Forever to acquire
5.16prairie and other habitat areas for wildlife
5.17management area purposes under Minnesota
5.18Statutes, section 86A.05, subdivision 8. Of
5.19this amount, $1,191,000 is for transfer to the
5.20outdoor heritage land management account
5.21in the special revenue fund for the purposes
5.22specified in Minnesota Statutes, section
5.2397A.056, subdivision 1a. A list of proposed
5.24land acquisitions must be provided as part of
5.25the required accomplishment plan.
5.26(h) Accelerating the Waterfowl Production
5.27Area Program - Phase III
5.28$9,815,000 the first year is to the
5.29commissioner of natural resources for
5.30an agreement with Pheasants Forever to
5.31accelerate the acquisition of wetlands and
5.32grasslands to be added to the waterfowl
5.33production area system in Minnesota in
5.34cooperation with the United States Fish and
5.35Wildlife Service. A list of proposed land
6.1acquisitions must be provided as part of the
6.2required accomplishment plan.
6.3(i) The Green Corridor Legacy Program -
6.4Phase III
6.5$2,130,000 the first year is to the
6.6commissioner of natural resources for
6.7an agreement with the Redwood Area
6.8Development Corporation to acquire land
6.9for wildlife management area purposes
6.10under Minnesota Statutes, section 86A.05,
6.11subdivision 8, or aquatic management
6.12areas under Minnesota Statutes, sections
6.1386A.05, subdivision 14, and 97C.02. Of
6.14this amount, $359,000 is for transfer to the
6.15outdoor heritage land management account
6.16in the special revenue fund for the purposes
6.17specified in Minnesota Statutes, section
6.1897A.056, subdivision 1a. A list of proposed
6.19land acquisitions must be provided as part of
6.20the required accomplishment plan.
6.21
 Subd. 3.Forests
 16,039,000
 -0-
6.22(a) Minnesota Forests for the Future -
6.23Phase III
6.24$5,409,000 the first year is to the
6.25commissioner of natural resources to
6.26acquire forest and wetland habitat through
6.27working forest easements and fee acquisition
6.28under the Minnesota forests for the future
6.29program pursuant to Minnesota Statutes,
6.30section 84.66. A conservation easement
6.31acquired with money appropriated under this
6.32paragraph must comply with subdivision
6.3313. A list of proposed land acquisitions
6.34must be provided as part of the required
6.35accomplishment plan. The accomplishment
7.1plan must include an easement monitoring
7.2and enforcement plan. Money appropriated
7.3from the outdoor heritage fund for easement
7.4acquisition may be used to establish a
7.5monitoring and enforcement fund as
7.6approved in the accomplishment plan
7.7and subject to subdivision 15. An annual
7.8financial report is required for any monitoring
7.9and enforcement fund established, including
7.10expenditures from the fund.
7.11(b) LaSalle Lake: Protecting Critical
7.12Mississippi Headwaters Habitat
7.13$5,709,000 the first year is to the
7.14commissioner of natural resources for an
7.15agreement with The Trust for Public Land
7.16to acquire land adjacent to LaSalle Lake in
7.17Hubbard County. Of this amount, $1,077,000
7.18is for transfer to the outdoor heritage land
7.19management account in the special revenue
7.20fund for the purposes specified in Minnesota
7.21Statutes, section 97A.056, subdivision
7.221a. A list of proposed land acquisitions
7.23must be provided as part of the required
7.24accomplishment plan. If the acquisition
7.25is not completed by July 15, 2012, or if a
7.26balance remains after acquisition of land, the
7.27money under this paragraph is available for
7.28acquisition under subdivision 2, paragraph
7.29(a).
7.30(c) Accelerated Forest Habitat
7.31Enhancement - Phase II
7.32$826,000 the first year is to the commissioner
7.33of natural resources to restore and enhance
7.34lands in state forests, pursuant to Minnesota
7.35Statutes, 89.021.
8.1(d) Northeastern Minnesota Sharp-Tailed
8.2Grouse Habitat Partnership - Phase II
8.3$1,199,000 the first year is to the
8.4commissioner of natural resources for
8.5an agreement with Pheasants Forever in
8.6cooperation with the Minnesota Sharp-Tailed
8.7Grouse Society to acquire and enhance
8.8lands for wildlife management area purposes
8.9under Minnesota Statutes, section 86A.05,
8.10subdivision 8. Of this amount, $211,000
8.11is for transfer to the outdoor heritage land
8.12management account in the special revenue
8.13fund for the purposes specified in Minnesota
8.14Statutes, section 97A.056, subdivision
8.151a. A list of proposed land acquisitions
8.16must be provided as part of the required
8.17accomplishment plan.
8.18(e) Lower Mississippi River Habitat
8.19Partnership - Phase II
8.20$863,000 the first year is to the commissioner
8.21of natural resources to acquire and enhance
8.22habitat in the lower Root River and
8.23lower Zumbro River watersheds, pursuant
8.24to Minnesota Statutes, section 86A.05,
8.25subdivisions 7 and 8. Of this amount,
8.26$156,000 is for transfer to the outdoor
8.27heritage land management account in the
8.28special revenue fund for the purposes
8.29specified in Minnesota Statutes, section
8.3097A.056, subdivision 1a. A list of proposed
8.31land acquisitions must be provided as part of
8.32the required accomplishment plan.
8.33(f) Protect Key Forest Habitat Lands in
8.34Cass County - Phase II
9.1$604,000 the first year is to the commissioner
9.2of natural resources for an agreement with
9.3Cass County to acquire land in fee for forest
9.4wildlife habitat. A list of proposed land
9.5acquisitions must be provided as part of the
9.6required accomplishment plan.
9.7(g) State Forest Acquisition
9.8$1,429,000 the first year is to the
9.9commissioner of natural resources to acquire
9.10land in fee and permanent management
9.11access easements for state forests under
9.12Minnesota Statutes, section 86A.05,
9.13subdivision 7. Of this amount, $224,000
9.14is for transfer to the outdoor heritage land
9.15management account in the special revenue
9.16fund for the purposes specified in Minnesota
9.17Statutes, section 97A.056, subdivision
9.181a. A list of proposed land acquisitions
9.19must be provided as part of the required
9.20accomplishment plan.
9.21
 Subd. 4.Wetlands
 15,934,000
 -0-
9.22(a) Reinvest in Minnesota Wetlands
9.23Reserve Acquisition and Restoration
9.24Program Partnership - Phase III
9.25$13,000,000 the first year is to the Board
9.26of Water and Soil Resources to acquire
9.27permanent conservation easements and
9.28restore wetlands and associated upland
9.29habitat in cooperation with the United States
9.30Department of Agriculture Wetlands Reserve
9.31Program. A list of proposed land acquisitions
9.32must be provided as part of the required
9.33accomplishment plan. The accomplishment
9.34plan must include an easement monitoring
9.35and enforcement plan. Money appropriated
10.1from the outdoor heritage fund for easement
10.2acquisition may be used to establish a
10.3monitoring and enforcement fund as
10.4approved in the accomplishment plan
10.5and subject to subdivision 15. An annual
10.6financial report is required for any monitoring
10.7and enforcement fund established, including
10.8expenditures from the fund and a description
10.9of monitoring and enforcement activities.
10.10(b) Accelerated Shallow Lakes and
10.11Wetlands Restoration and Enhancement -
10.12Phase III
10.13$936,000 the first year is to the commissioner
10.14of natural resources to develop engineering
10.15designs for shallow lakes and wetlands and
10.16restore and enhance shallow lakes.
10.17(c) Shallow Lake Shoreland Protection:
10.18Wild Rice Lakes
10.19$1,998,000 the first year is to the
10.20commissioner of natural resources for an
10.21agreement with Ducks Unlimited and the
10.22Board of Water and Soil Resources to acquire
10.23wild rice lake shoreland habitat in fee and
10.24as permanent conservation easements as
10.25follows: $500,000 to the Department of
10.26Natural Resources; $1,100,000 to the Board
10.27of Water and Soil Resources; $291,000 to
10.28Ducks Unlimited; and $107,000 for transfer
10.29to the outdoor heritage land management
10.30account in the special revenue fund for the
10.31purposes specified in Minnesota Statutes,
10.32section 97A.056, subdivision 1a. A list of
10.33proposed land acquisitions must be provided
10.34as part of the required accomplishment plan.
10.35The accomplishment plan must include
11.1an easement monitoring and enforcement
11.2plan. Money appropriated from the outdoor
11.3heritage fund for easement acquisition
11.4may be used to establish a monitoring
11.5and enforcement fund as approved in
11.6the accomplishment plan and subject to
11.7subdivision 15. An annual financial report is
11.8required for any monitoring and enforcement
11.9fund established, including expenditures
11.10from the fund.
11.11
 Subd. 5.Habitat
 24,086,000
 -0-
11.12(a) Accelerated Aquatic Management
11.13Area Habitat Program - Phase III
11.14$7,061,000 the first year is to the
11.15commissioner of natural resources to
11.16acquire interests in land in fee or permanent
11.17conservation easements for aquatic
11.18management areas under Minnesota Statutes,
11.19sections 86A.05, subdivision 14, and 97C.02,
11.20to restore and enhance aquatic habitat.
11.21Of this amount, $561,000 is for transfer
11.22to the outdoor heritage land management
11.23account in the special revenue fund for the
11.24purposes specified in Minnesota Statutes,
11.25section 97A.056, subdivision 1a. A list
11.26of proposed acquisitions and stream and
11.27lake habitat restorations and enhancements
11.28must be provided as part of the required
11.29accomplishment plan. The accomplishment
11.30plan must include an easement monitoring
11.31and enforcement plan. Money appropriated
11.32from the outdoor heritage fund for easement
11.33acquisition may be used to establish a
11.34monitoring and enforcement fund as
11.35approved in the accomplishment plan
12.1and subject to subdivision 15. An annual
12.2financial report is required for any monitoring
12.3and enforcement fund established, including
12.4expenditures from the fund.
12.5(b) Coldwater Fish Habitat Enhancement
12.6Program - Phase III
12.7$1,533,000 the first year is to the
12.8commissioner of natural resources for an
12.9agreement with Minnesota Trout Unlimited
12.10to restore, enhance, and protect cold water
12.11river and stream habitats in Minnesota. A list
12.12of proposed projects, describing types and
12.13locations of restorations and enhancements,
12.14must be provided as part of the required
12.15accomplishment plan.
12.16(c) Land Addition to the Janet Johnson
12.17Memorial Wildlife Management Area
12.18$707,000 the first year is to the commissioner
12.19of natural resources for an agreement with
12.20Chisago County to acquire land in fee to
12.21be added to the Janet Johnson Memorial
12.22Wildlife Management Area under Minnesota
12.23Statutes, section 86A.05, subdivision 8. Of
12.24this amount, $130,000 is for transfer to the
12.25outdoor heritage land management account
12.26in the special revenue fund for the purposes
12.27specified in Minnesota Statutes, section
12.2897A.056, subdivision 1a. A list of proposed
12.29land acquisitions must be provided as part of
12.30the required accomplishment plan.
12.31(d) Metro Big Rivers Habitat - Phase II
12.32$5,481,000 the first year is to the
12.33commissioner of natural resources for
12.34agreements to acquire interests in land in
13.1fee or permanent conservation easements
13.2and to restore and enhance natural systems
13.3associated with the Mississippi, Minnesota,
13.4and St. Croix Rivers as follows: $960,000
13.5to the Minnesota Valley National Wildlife
13.6Refuge Trust, Inc.; $150,000 to Great River
13.7Greening; $840,000 to Minnesota Land
13.8Trust; $150,000 to Friends of the Mississippi
13.9River; $2,900,000 to The Trust for Public
13.10Land; and $481,000 is for transfer to the
13.11outdoor heritage land management account
13.12in the special revenue fund for the purposes
13.13specified in Minnesota Statutes, section
13.1497A.056, subdivision 1a. A list of proposed
13.15projects, describing types and locations of
13.16acquisitions, restorations, and enhancements,
13.17must be provided as part of the required
13.18accomplishment plan. The accomplishment
13.19plan must include an easement monitoring
13.20and enforcement plan. Money appropriated
13.21from the outdoor heritage fund for easement
13.22acquisition may be used to establish a
13.23monitoring and enforcement fund as
13.24approved in the accomplishment plan
13.25and subject to subdivision 15. An annual
13.26financial report is required for any monitoring
13.27and enforcement fund established, including
13.28expenditures from the fund.
13.29(e) Protecting Sensitive Shorelands in
13.30North Central Minnesota
13.31$1,098,000 the first year is to the
13.32commissioner of natural resources for
13.33agreements with the Leech Lake Watershed
13.34Foundation and the Minnesota Land Trust
13.35as follows: $339,000 to the Leech Lake
13.36Watershed Foundation; $741,000 to the
14.1Minnesota Land Trust; and $18,000 to the
14.2Department of Natural Resources to pay for
14.3acquisition-related expenses and monitoring
14.4costs of donated permanent conservation
14.5easements on sensitive shorelands in north
14.6central Minnesota. A list of proposed land
14.7acquisitions must be provided as part of
14.8the required accomplishment plan. The
14.9accomplishment plan must include an
14.10easement monitoring and enforcement
14.11plan. Money appropriated from the outdoor
14.12heritage fund for easement acquisition
14.13may be used to establish a monitoring
14.14and enforcement fund as approved in
14.15the accomplishment plan and subject to
14.16subdivision 15. An annual financial report is
14.17required for any monitoring and enforcement
14.18fund established, including expenditures
14.19from the fund.
14.20(f) Restoring Native Habitat and Water
14.21Quality to Shell Rock River - Phase II
14.22$2,577,000 the first year is to the
14.23commissioner of natural resources for an
14.24agreement with the Shell Lake Watershed
14.25District to acquire land in fee at the
14.26headwaters of the Shell Rock River for
14.27aquatic management area purposes under
14.28Minnesota Statutes, sections 86A.05,
14.29subdivision 14, and 97C.02, to restore
14.30and enhance aquatic habitat. The leases
14.31for gravel mining existing at the time of
14.32acquisition may not be extended and all gross
14.33income generated from mining operations
14.34must be transferred to the commissioner of
14.35management and budget and credited to the
14.36outdoor heritage fund. A list of proposed
15.1land acquisitions must be provided as part of
15.2the required accomplishment plan.
15.3(g) Outdoor Heritage Conservation
15.4Partners Grant Program - Phase III
15.5$5,629,000 the first year is to the
15.6commissioner of natural resources for a
15.7program to provide competitive, matching
15.8grants of up to $400,000 to local, regional,
15.9state, and national organizations for
15.10enhancement, restoration, or protection of
15.11forests, wetlands, prairies, and habitat for
15.12fish, game, or wildlife in Minnesota. Grants
15.13shall not be made for activities required to
15.14fulfill the duties of owners of lands subject
15.15to conservation easements. Grants shall
15.16not be made from appropriations in this
15.17paragraph for projects that have a total
15.18project cost exceeding $475,000. $319,000
15.19of this appropriation may be spent for
15.20personnel costs and other administrative
15.21costs. Grantees may acquire land or interests
15.22in land. Easements must be permanent.
15.23Land acquired in fee must be open to
15.24hunting and fishing during the open season
15.25unless otherwise provided by state law. The
15.26program shall require a match of at least ten
15.27percent from nonstate sources for grants of
15.28$100,000 or less and a match of at least 15
15.29percent from nonstate sources for grants over
15.30$100,000. Up to one-third of the match may
15.31be in-kind resources. For grant applications
15.32of $25,000 or less, the commissioner shall
15.33provide a separate, simplified application
15.34process. The criteria for evaluating grant
15.35applications over $25,000 must include the
15.36amount of habitat restored, enhanced, or
16.1protected; local support; encouragement
16.2of a local conservation culture; urgency;
16.3capacity to achieve multiple benefits;
16.4habitat benefits provided; consistency with
16.5current conservation science; adjacency
16.6to protected lands; full funding of the
16.7project; supplementing existing funding;
16.8public access for hunting and fishing during
16.9the open season; sustainability; degree
16.10of collaboration; and use of native plant
16.11materials. All projects must conform to
16.12the Minnesota statewide conservation and
16.13preservation plan. Wildlife habitat projects
16.14must also conform to the Minnesota wildlife
16.15action plan. Subject to the evaluation
16.16criteria and requirements of this paragraph
16.17and Minnesota Statutes, the commissioner
16.18of natural resources shall give priority to
16.19organizations that have a history of receiving
16.20or charter to receive private contributions
16.21for local conservation or habitat projects
16.22when evaluating projects of equal value. If
16.23acquiring land or a conservation easement,
16.24priority shall be given to projects associated
16.25with existing wildlife management areas
16.26under Minnesota Statutes, section 86A.05,
16.27subdivision 8; scientific and natural areas
16.28under Minnesota Statutes, sections 84.033
16.29and 86A.05, subdivision 5; and aquatic
16.30management areas under Minnesota Statutes,
16.31sections 86A.05, subdivision 14, and 97C.02.
16.32All restoration or enhancement projects
16.33must be on land permanently protected by a
16.34conservation easement or public ownership
16.35or in public waters as defined in Minnesota
16.36Statutes, section 103G.005, subdivision
17.115. Priority shall be given to restoration
17.2and enhancement projects on public lands.
17.3Subdivision 9 applies to grants awarded
17.4under this paragraph. This appropriation is
17.5available until June 30, 2015. No less than
17.6five percent of the amount of each grant
17.7must be held back from reimbursement until
17.8the grant recipient has completed a grant
17.9accomplishment report by the deadline and
17.10in the form prescribed by and satisfactory to
17.11the Lessard-Sams Outdoor Heritage Council.
17.12The commissioner shall provide notice of the
17.13grant program in the 2011 game and fish law
17.14summaries that are prepared under Minnesota
17.15Statutes, section 97A.051, subdivision 2.
17.16
 Subd. 6.Administration
 698,000
 471,000
17.17(a) Contract Management
17.18$175,000 the first year is to the Legislative
17.19Coordinating Commission to contract with
17.20the commissioner of natural resources for
17.21expenses incurred for contract fiscal services
17.22for the agreements specified in this section.
17.23The contract management services must be
17.24done on a reimbursement basis.
17.25(b) Legislative Coordinating Commission
17.26(1) $471,000 the first year and $471,000
17.27the second year are to the Legislative
17.28Coordinating Commission for two years of
17.29administrative expenses of the Lessard-Sams
17.30Outdoor Heritage Council and for two years
17.31of compensation and expense reimbursement
17.32of council members.
17.33(2) $10,000 the first year is to the Legislative
17.34Coordinating Commission for the Web site
18.1required under Minnesota Statutes, section
18.23.303, subdivision 10.
18.3(c) Technical Assistance Panel
18.4$42,000 the first year is to the commissioner
18.5of natural resources for a technical assistance
18.6panel to conduct up to ten restoration audits
18.7under Minnesota Statutes, section 97A.056,
18.8subdivision 10.
18.9
 Subd. 7.Availability of Appropriation
18.10Money appropriated in this section may
18.11not be spent on activities unless they are
18.12directly related to and necessary for a
18.13specific appropriation and are specified in the
18.14accomplishment plan. Money appropriated
18.15in this section must not be spent on indirect
18.16costs or other institutional overhead charges.
18.17Unless otherwise provided, the amounts
18.18in this section are available until June 30,
18.192014, when projects must be completed and
18.20final accomplishments reported. Funds for
18.21restoration or enhancement are available
18.22until June 30, 2016, or four years after
18.23acquisition, whichever is later, in order to
18.24complete restoration or enhancement work.
18.25If a project receives federal funds, the time
18.26period of the appropriation is extended to
18.27equal the availability of federal funding.
18.28Funds appropriated for fee title acquisition
18.29of land may be used to restore, enhance, and
18.30provide for the public use of land acquired
18.31with the appropriation. Public use facilities
18.32must have a minimal impact on habitat on
18.33acquired lands.
18.34
 Subd. 8.Accomplishment Plans
19.1It is a condition of acceptance of the
19.2appropriations made under this section that
19.3the agency or entity using the appropriation
19.4submit to the Lessard-Sams Outdoor
19.5Heritage Council an accomplishment plan
19.6and periodic accomplishment reports in
19.7the form determined by the council. The
19.8accomplishment plan must identify the
19.9project manager responsible for expending
19.10the appropriation and the final product. The
19.11accomplishment plan must account for the
19.12use of the appropriation and outcomes of
19.13the expenditure in measures of wetlands,
19.14prairies, forests, and fish, game, and wildlife
19.15habitat restored, protected, and enhanced.
19.16The plan must include an evaluation of
19.17results. None of the money provided in this
19.18section may be expended unless the council
19.19has approved the pertinent accomplishment
19.20plan.
19.21
 Subd. 9.Project Requirements
19.22(a) As a condition of accepting an
19.23appropriation made under this section, an
19.24agency or entity receiving an appropriation
19.25must comply with this subdivision for any
19.26project funded in whole or in part with funds
19.27from the appropriation.
19.28(b) All conservation easements acquired with
19.29money appropriated under this section must:
19.30(1) be permanent; (2) specify the parties to
19.31the easement; (3) specify all of the provisions
19.32of an agreement that are permanent; (4)
19.33specify the habitat types and location
19.34being protected; (5) where appropriate for
19.35conservation or water protection outcomes,
20.1require the grantor to employ practices
20.2retaining water on the eased land as long as
20.3practicable; (6) specify the responsibilities
20.4of the parties for habitat enhancement and
20.5restoration and the associated costs of these
20.6activities; (7) be sent to the office of the
20.7Lessard-Sams Outdoor Heritage Council; (8)
20.8include a long-term stewardship plan and
20.9identify the sources and amount of funding
20.10for monitoring and enforcing the easement
20.11agreement; and (9) identify the parties
20.12responsible for monitoring and enforcing the
20.13easement agreement.
20.14(c) For all restorations, a recipient must
20.15prepare and retain an ecological restoration
20.16and management plan that, to the degree
20.17practicable, is consistent with current
20.18conservation science and ecological goals
20.19for the restoration site. Consideration should
20.20be given to soil, geology, topography, and
20.21other relevant factors that would provide
20.22the best chance for long-term success and
20.23durability of the restoration projects. The
20.24plan must include the proposed timetable for
20.25implementing the restoration, including, but
20.26not limited to, site preparation, establishment
20.27of diverse plant species, maintenance, and
20.28additional enhancement to establish the
20.29restoration; identify long-term maintenance
20.30and management needs of the restoration
20.31and how the maintenance, management,
20.32and enhancement will be financed; and use
20.33current conservation science to achieve the
20.34best restoration.
20.35(d) For new lands acquired, a recipient
20.36must prepare a restoration and management
21.1plan in compliance with paragraph (c),
21.2including identification of sufficient funding
21.3for implementation.
21.4(e) To ensure public accountability for the
21.5use of public funds, a recipient must provide
21.6to the Lessard-Sams Outdoor Heritage
21.7Council documentation of the process
21.8used to select parcels acquired in fee or as
21.9permanent conservation easements and must
21.10provide the council with documentation
21.11of all related transaction costs, including,
21.12but not limited to, appraisals, legal fees,
21.13recording fees, commissions, other similar
21.14costs, and donations. This information
21.15must be provided for all parties involved
21.16in the transaction. The recipient must
21.17also report to the Lessard-Sams Outdoor
21.18Heritage Council any difference between the
21.19acquisition amount paid to the seller and the
21.20state-certified or state-reviewed appraisal, if
21.21a state-certified or state-reviewed appraisal
21.22was conducted. Acquisition data such
21.23as appraisals may remain private during
21.24negotiations but must ultimately be made
21.25public according to Minnesota Statutes,
21.26chapter 13.
21.27(f) Except as otherwise provided in this
21.28section, all restoration and enhancement
21.29projects funded with money appropriated
21.30under this section must be on land
21.31permanently protected by a conservation
21.32easement or public ownership or in public
21.33waters as defined in Minnesota Statutes,
21.34section 103G.005, subdivision 15.
22.1(g) To the extent an appropriation is used to
22.2acquire an interest in real property, a recipient
22.3of an appropriation under this section must
22.4provide to the Lessard-Sams Outdoor
22.5Heritage Council and the commissioner
22.6of management and budget an analysis of
22.7increased operations and maintenance costs
22.8likely to be incurred by public entities as
22.9a result of the acquisition and of how these
22.10costs are to be paid.
22.11(h) A recipient of money under this section
22.12must erect signage according to Laws 2009,
22.13chapter 172, article 5, section 10.
22.14
22.15
 Subd. 10.Payment Conditions and Capital
Equipment Expenditures
22.16All agreements, grants, or contracts referred
22.17to in this section must be administered on
22.18a reimbursement basis unless otherwise
22.19provided in this section. Notwithstanding
22.20Minnesota Statutes, section 16A.41,
22.21expenditures directly related to each
22.22appropriation's purpose made on or after July
22.231, 2011, are eligible for reimbursement unless
22.24otherwise provided in this section. Periodic
22.25reimbursement must be made upon receiving
22.26documentation that the deliverable items
22.27articulated in the approved accomplishment
22.28plan have been achieved, including partial
22.29achievements as evidenced by approved
22.30progress reports. Reasonable amounts may
22.31be advanced to projects to accommodate
22.32cash flow needs, support future management
22.33of acquired lands, or match a federal share.
22.34The advances must be approved as part of
22.35the accomplishment plan. Capital equipment
22.36expenditures for specific items in excess of
23.1$10,000 must be itemized in and approved as
23.2part of the accomplishment plan.
23.3
23.4
 Subd. 11.Purchase of Recycled and Recyclable
Materials
23.5A political subdivision, public or private
23.6corporation, or other entity that receives an
23.7appropriation under this section must use the
23.8appropriation in compliance with Minnesota
23.9Statutes, sections 16B.121, regarding
23.10purchase of recycled, repairable, and durable
23.11materials, and 16B.122, regarding purchase
23.12and use of paper stock and printing.
23.13
 Subd. 12.Accessibility
23.14Structural and nonstructural facilities must
23.15meet the design standards in the Americans
23.16with Disabilities Act (ADA) accessibility
23.17guidelines.
23.18
 Subd. 13.Land Acquisition Restrictions
23.19(a) An interest in real property, including, but
23.20not limited to, an easement or fee title that
23.21is acquired with money appropriated under
23.22this section must be used in perpetuity or for
23.23the specific term of an easement interest for
23.24the purpose for which the appropriation was
23.25made.
23.26(b) A recipient of funding who acquires
23.27an interest in real property subject to this
23.28subdivision may not alter the intended use
23.29of the interest in real property or convey
23.30any interest in the real property acquired
23.31with the appropriation without the prior
23.32review and approval of the Lessard-Sams
23.33Outdoor Heritage Council or its successor.
23.34The council shall notify the chairs and
24.1ranking minority members of the legislative
24.2committees and divisions with jurisdiction
24.3over the outdoor heritage fund at least 15
24.4business days before approval under this
24.5paragraph. The council shall establish
24.6procedures to review requests from recipients
24.7to alter the use of or convey an interest in
24.8real property. These procedures shall allow
24.9for the replacement of the interest in real
24.10property with another interest in real property
24.11meeting the following criteria: (1) the
24.12interest must be at least equal in fair market
24.13value, as certified by the commissioner
24.14of natural resources, to the interest being
24.15replaced; and (2) the interest must be in a
24.16reasonably equivalent location and have a
24.17reasonably equivalent useful conservation
24.18purpose compared to the interest being
24.19replaced, taking into consideration all effects
24.20from fragmentation of the whole habitat.
24.21(c) A recipient of funding who acquires an
24.22interest in real property under paragraph
24.23(a) must separately record a notice of
24.24funding restrictions in the appropriate local
24.25government office where the conveyance
24.26of the interest in real property is filed. The
24.27notice of funding agreement must contain:
24.28(1) a legal description of the interest in real
24.29property covered by the funding agreement;
24.30(2) a reference to the underlying funding
24.31agreement; (3) a reference to this section; and
24.32(4) the following statement: "This interest
24.33in real property shall be administered in
24.34accordance with the terms, conditions, and
24.35purposes of the grant agreement controlling
24.36the acquisition of the property. The interest
25.1in real property, or any portion of the interest
25.2in real property, shall not be sold, transferred,
25.3pledged, or otherwise disposed of or further
25.4encumbered without obtaining the prior
25.5written approval of the Lessard-Sams
25.6Outdoor Heritage Council or its successor.
25.7The ownership of the interest in real property
25.8shall transfer to the state if: (1) the holder of
25.9the interest in real property fails to comply
25.10with the terms and conditions of the grant
25.11agreement or accomplishment plan; or
25.12(2) restrictions are placed on the land that
25.13preclude its use for the intended purpose as
25.14specified in the appropriation."
25.15
 Subd. 14.Real Property Interest Report
25.16By December 1 each year, a recipient of
25.17money appropriated under this section that
25.18is used for the acquisition of an interest in
25.19real property, including, but not limited to,
25.20an easement or fee title, must submit annual
25.21reports on the status of the real property to
25.22the Lessard-Sams Outdoor Heritage Council
25.23or its successor in a form determined by the
25.24council. The responsibility for reporting
25.25under this section may be transferred by
25.26the recipient of the appropriation to another
25.27person or entity that holds the interest in the
25.28real property. To complete the transfer of
25.29reporting responsibility, the recipient of the
25.30appropriation must: (1) inform the person to
25.31whom the responsibility is transferred of that
25.32person's reporting responsibility; (2) inform
25.33the person to whom the responsibility is
25.34transferred of the property restrictions under
25.35subdivision 13; (3) provide written notice
25.36to the council of the transfer of reporting
26.1responsibility, including contact information
26.2for the person to whom the responsibility is
26.3transferred; and (4) provide the council or
26.4its successor written documentation from the
26.5person or entity holding the interest in real
26.6property certifying the person's or entity's
26.7acceptance of all reporting obligations
26.8and responsibilities previously held by the
26.9recipient of the appropriation. After the
26.10transfer, the person or entity that holds the
26.11interest in the real property is responsible for
26.12reporting requirements under this section.
26.13
26.14
 Subd. 15.Easement Monitoring and
Enforcement Requirements
26.15Money appropriated under this section
26.16for easement monitoring and enforcement
26.17may be spent only on activities included in
26.18an easement monitoring and enforcement
26.19plan contained within the accomplishment
26.20plan. Money received for monitoring
26.21and enforcement, including earnings on
26.22the money received, shall be kept in a
26.23monitoring and enforcement fund held by
26.24the organization and dedicated to monitoring
26.25and enforcing conservation easements within
26.26Minnesota. Within 120 days after the close
26.27of the entity's fiscal year, an entity receiving
26.28appropriations for easement monitoring
26.29and enforcement must provide an annual
26.30financial report to the Lessard-Sams Outdoor
26.31Heritage Council on the easement monitoring
26.32and enforcement fund as specified in the
26.33accomplishment plan. Money appropriated
26.34under this section for monitoring and
26.35enforcement of easements and earnings on
26.36the money appropriated shall revert to the
27.1state if: (1) the easement transfers to the
27.2state under subdivision 13; (2) the holder of
27.3the easement fails to file an annual report
27.4and then fails to cure that default within 30
27.5days of notification of the default by the
27.6state; or (3) the holder of the easement fails
27.7to comply with the terms of the monitoring
27.8and enforcement plan contained within the
27.9accomplishment plan and fails to cure that
27.10default within 90 days of notification of the
27.11default by the state.
27.12
 Subd. 16.Successor Organizations
27.13The Lessard-Sams Outdoor Heritage Council
27.14may approve the continuation of a project
27.15with an organization that has adopted
27.16a new name. Continuation of a project
27.17with an organization that has undergone
27.18a significant change in mission, structure,
27.19or purpose requires: (1) notice to the
27.20chairs of the legislative committees with
27.21relevant jurisdiction; and (2) presentation
27.22by the council of proposed legislation either
27.23ratifying or rejecting continued involvement
27.24with the new organization.
27.25
 Subd. 17.Appropriations Adjustment
27.26(a) Mississippi River Bluffland Prairie
27.27Protection Initiative.
27.28Of the amount appropriated in Laws 2009,
27.29chapter 172, article 1, section 2, subdivision
27.302, paragraph (f), $65,000 is for deposit in
27.31a monitoring and enforcement account as
27.32authorized in subdivision 15.
27.33(b) Critical Shoreline Habitat Protection
27.34Program.
28.1Of the amount appropriated in Laws 2010,
28.2chapter 361, article 1, section 2, subdivision
28.33, paragraph (a), $187,000 is for deposit in
28.4a monitoring and enforcement account as
28.5authorized in subdivision 15.
28.6(c) Riparian and Lakeshore Protection in
28.7Dakota County.
28.8Of the amount appropriated in Laws 2010,
28.9chapter 361, article 1, section 2, subdivision
28.105, paragraph (d), $80,000 is for deposit in
28.11a monitoring and enforcement account as
28.12authorized in subdivision 15.
28.13(d) Valley Creek Protection Partnership.
28.14Of the amount appropriated in Laws 2010,
28.15chapter 361, article 1, section 2, subdivision
28.165, paragraph (e), $12,000 is for deposit in
28.17a monitoring and enforcement account as
28.18authorized in subdivision 15.

28.19    Sec. 3. [84.68] FORESTS FOR THE FUTURE CONSERVATION EASEMENT
28.20ACCOUNT.
28.21    Subdivision 1. Account established; sources. The forests for the future
28.22conservation easement account is created in the natural resources fund in the state treasury.
28.23The following revenue shall be deposited in the account:
28.24(1) contributions to the account or specified for any purposes of the account;
28.25(2) financial contributions required under section 84.66, subdivision 11, or other
28.26applicable law; and
28.27(3) money appropriated or transferred for the purposes described in subdivision 2.
28.28Interest earned on money in the account accrues to the account.
28.29    Subd. 2. Appropriation; purposes of account. Money in the forests for the future
28.30conservation easement account is appropriated annually to the commissioner of natural
28.31resources and may be spent only to cover the costs of managing forests for the future
28.32conservation easements held by the Department of Natural Resources, including costs
28.33incurred from monitoring, landowner contracts, record keeping, processing landowner
28.34notices, requests for approval or amendments, and enforcement.
29.1EFFECTIVE DATE.This section is effective the day following final enactment.

29.2    Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
29.3to read:
29.4    Subd. 1a. Outdoor heritage land management account. An outdoor heritage
29.5land management account is created as an account in the special revenue fund. The
29.6State Board of Investment shall ensure the account is invested under section 11A.24.
29.7The commissioner of management and budget shall credit to the account all money
29.8appropriated to the account and all money earned by the account. The principal of the
29.9account and any unexpended earnings must be invested and reinvested by the State Board
29.10of Investment. Nothing in this section limits the source of contributions to the account.
29.11No more than five and one-half percent of the market value of the account as of June
29.1230 of the prior fiscal year is appropriated to the commissioner of natural resources to
29.13pay for future restoration and enhancement of lands purchased in fee with monies from
29.14the outdoor heritage fund and held by the state, and to reimburse the general fund for
29.15payments made under Minnesota Statutes, sections 97A.061, subdivision 1, and 477A.12
29.16for lands purchased with funds from the outdoor heritage fund.

29.17    Sec. 5. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
29.18to read:
29.19    Subd. 1b. Definitions. For the purpose of appropriations from the outdoor heritage
29.20fund, "recipient" means the entity responsible for deliverables financed by the outdoor
29.21heritage fund.
29.22EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.

29.23    Sec. 6. Minnesota Statutes 2010, section 97A.056, subdivision 2, is amended to read:
29.24    Subd. 2. Lessard-Sams Outdoor Heritage Council. (a) The Lessard-Sams
29.25Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of:
29.26    (1) two public members appointed by the senate Subcommittee on Committees of
29.27the Committee on Rules and Administration;
29.28    (2) two public members appointed by the speaker of the house;
29.29    (3) four public members appointed by the governor;
29.30    (4) two members of the senate appointed by the senate Subcommittee on Committees
29.31of the Committee on Rules and Administration; and
29.32    (5) two members of the house of representatives appointed by the speaker of the
29.33house.
30.1    (b) Members appointed under paragraph (a) must not be registered lobbyists.
30.2In making appointments, the governor, senate Subcommittee on Committees of the
30.3Committee on Rules and Administration, and the speaker of the house shall consider
30.4geographic balance, gender, age, ethnicity, and varying interests including hunting and
30.5fishing. The governor's appointments to the council are subject to the advice and consent
30.6of the senate.
30.7    (c) Public members appointed under paragraph (a) shall have practical experience
30.8or expertise or demonstrated knowledge in the science, policy, or practice of restoring,
30.9protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
30.10wildlife.
30.11    (d) Legislative members appointed under paragraph (a) shall include the chairs
30.12of the legislative committees with jurisdiction over environment and natural resources
30.13finance or their designee, one member from the minority party of the senate, and one
30.14member from the minority party of the house of representatives.
30.15    (e) Public members serve four-year terms and. Appointed legislative members serve
30.16at the pleasure of the appointing authority. Public and legislative members continue to
30.17serve until their successors are appointed. Public members shall be initially appointed
30.18according to the following schedule of terms:
30.19    (1) two public members appointed by the governor for a term ending the first
30.20Monday in January 2011;
30.21    (2) one public member appointed by the senate Subcommittee on Committees of the
30.22Committee on Rules and Administration for a term ending the first Monday in January
30.232011;
30.24    (3) one public member appointed by the speaker of the house for a term ending
30.25the first Monday in January 2011;
30.26    (4) two public members appointed by the governor for a term ending the first
30.27Monday in January 2013;
30.28    (5) one public member appointed by the senate Subcommittee on Committees of the
30.29Committee on Rules and Administration for a term ending the first Monday in January
30.302013; and
30.31    (6) one public member appointed by the speaker of the house for a term ending the
30.32first Monday in January 2013; and.
30.33    (7) two members of the senate appointed by the senate Subcommittee on Committees
30.34of the Committee on Rules and Administration for a term ending the first Monday in
30.35January 2013, and two members of the house of representatives appointed by the speaker
30.36of the house for a term ending the first Monday in January 2013.
31.1    (f) Compensation and removal of public members are as provided in section
31.215.0575 . A vacancy on the council may be filled by the appointing authority for the
31.3remainder of the unexpired term.
31.4    (g) The first meeting of the council shall be convened by the chair of the Legislative
31.5Coordinating Commission no later than December 1, 2008. Members shall elect a chair,
31.6vice-chair, secretary, and other officers as determined by the council. The chair may
31.7convene meetings as necessary to conduct the duties prescribed by this section.
31.8    (h) Upon coordination with and approval by the Legislative Coordinating
31.9Commission, the council may appoint nonpartisan staff and contract with consultants
31.10as necessary to carry out the functions of the council. Up to one percent of the money
31.11appropriated from the fund may be used to pay for administrative expenses of the council
31.12and for compensation and expense reimbursement of council members.

31.13    Sec. 7. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
31.14to read:
31.15    Subd. 11. Commissioner approval; acquisitions. The commissioner must agree
31.16in writing to each proposed acquisition of land or interest in land purchased with an
31.17appropriation from the outdoor heritage fund. Prior to signing the written agreement,
31.18the commissioner must determine that the acquisition meets the Department of Natural
31.19Resources' precision acquisition goals.

31.20    Sec. 8. Laws 2009, chapter 172, article 1, section 2, subdivision 3, is amended to read:
31.21
 Subd. 3.Forests
 18,000,000
 18,000,000
31.22$18,000,000 in fiscal year 2010 and
31.23$18,000,000 in fiscal year 2011 are to the
31.24commissioner of natural resources to acquire
31.25land or permanent working forest easements
31.26on private forests in areas identified through
31.27the Minnesota forests for the future program
31.28under Minnesota Statutes, section 84.66.
31.29Up to $750,000 in fiscal year 2011 may
31.30be transferred to the forests for the future
31.31conservation easement account and used
31.32for the purposes specified under Minnesota
31.33Statutes, section 84.68, subdivision 2.
31.34Priority must be given to acquiring land
32.1or interests in private lands within existing
32.2Minnesota state forest boundaries. Any
32.3easements acquired must have a forest
32.4management plan as defined in Minnesota
32.5Statutes, section 290C.02, subdivision 7.
32.6A list of proposed fee title and easement
32.7acquisitions must be provided as part of the
32.8required accomplishment plan. The fiscal
32.9year 2011 appropriation is available only for
32.10acquisitions that, by August 15, 2009, are:
32.11(1) subject to a binding agreement with the
32.12commissioner; and
32.13(2) matched by at least $9,000,000 in private
32.14donations.

32.15    Sec. 9. REPEALER.
32.16Minnesota Statutes 2010, section 84.02, subdivisions 1, 2, 3, 4, 5, 6, 7, and 8, are
32.17repealed.

32.18ARTICLE 2
32.19CLEAN WATER FUND

32.20
 Section 1. CLEAN WATER FUND APPROPRIATIONS.
32.21The sums shown in the columns marked "Appropriations" are appropriated to the
32.22agencies and for the purposes specified in this article. The appropriations are from the
32.23clean water fund, and are available for the fiscal years indicated for allowable activities
32.24under the Minnesota Constitution, article XI, section 15. Notwithstanding Minnesota
32.25Statutes, section 16A.28, and unless otherwise specified in this article, fiscal year 2012
32.26appropriations are available until June 30, 2013, and fiscal year 2013 appropriations are
32.27available until June 30, 2014. "The first year" is fiscal year 2012. "The second year" is
32.28fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. The appropriations in
32.29this article are onetime.
32.30
 APPROPRIATIONS
32.31
 Available for the Year
32.32
 Ending June 30
32.33
 2012
 2013

33.1
 Sec. 2. DEPARTMENT OF AGRICULTURE
 $
 8,200,000
 $
 8,200,000
33.2(a) $350,000 the first year and $350,000 the
33.3second year are to increase monitoring for
33.4pesticides and pesticide degradates in surface
33.5water and groundwater and to use data
33.6collected to assess pesticide use practices.
33.7(b) $850,000 the first year and $850,000
33.8the second year are to increase monitoring
33.9and evaluate trends in the concentration of
33.10nitrates in groundwater in high-risk areas
33.11and regionally and to promote and evaluate
33.12regional and crop-specific nutrient best
33.13management practices. This appropriation is
33.14available until spent.
33.15(c) $5,000,000 the first year and $5,000,000
33.16the second year are for the agriculture best
33.17management practices loan program. At
33.18least $4,000,000 the first year and at least
33.19$4,400,000 the second year are for transfer to
33.20the clean water agricultural best management
33.21practices loan account and are available
33.22for pass-through to local governments
33.23and lenders for low-interest loans. Any
33.24unencumbered balance that is not used for
33.25pass-through to local governments does not
33.26cancel at the end of the first year and is
33.27available for the second year.
33.28(d) $700,000 the first year and $700,000
33.29the second year are for research, pilot
33.30projects, and technical assistance on proper
33.31implementation of best management
33.32practices and more precise information on
33.33nonpoint contributions to impaired waters.
33.34This appropriation is available until spent.
34.1(e) $1,050,000 the first year and $1,050,000
34.2the second year are for research to quantify
34.3agricultural contributions to impaired waters
34.4and for development and evaluation of
34.5best management practices to protect and
34.6restore water resources while maintaining
34.7productivity. This appropriation is available
34.8until spent.
34.9(f) $250,000 the first year and $250,000 the
34.10second year are for a research inventory
34.11database containing water-related research
34.12activities that have been publicly funded.

34.13
 Sec. 3. PUBLIC FACILITIES AUTHORITY
 $
 16,710,000
 $
 16,710,000
34.14(a) $11,185,000 the first year and $11,185,000
34.15the second year are for the total maximum
34.16daily load (TMDL) grant program under
34.17Minnesota Statutes, section 446A.073. This
34.18appropriation is available until spent.
34.19(b) $4,275,000 the first year and $4,275,000
34.20the second year are for the clean water legacy
34.21phosphorus reduction grant program under
34.22Minnesota Statutes, section 446A.074. This
34.23appropriation is available until spent.
34.24(c) $1,250,000 the first year and $1,250,000
34.25the second year are for small community
34.26wastewater treatment grants and loans under
34.27Minnesota Statutes, section 446A.075. This
34.28appropriation is available until spent.
34.29(d) If there are any uncommitted funds at the
34.30end of each fiscal year under paragraph (a),
34.31(b), or (c), the Public Facilities Authority
34.32may transfer the remaining funds to eligible
34.33projects under any of the programs listed
34.34under this section, based on their priority
35.1rank on the Pollution Control Agency's
35.2project priority list.

35.3
 Sec. 4. POLLUTION CONTROL AGENCY
 $
 23,100,000
 $
 22,600,000
35.4(a) $7,500,000 the first year and $7,500,000
35.5the second year are for completion of 20
35.6percent of the needed statewide assessments
35.7of surface water quality and trends. Of
35.8this amount, $100,000 the first year and
35.9$100,000 the second year are for grants
35.10to the Red River Watershed Management
35.11Board to enhance and expand the existing
35.12water quality and watershed monitoring river
35.13watch activities in the schools in the Red
35.14River of the North. The Red River Watershed
35.15Management Board shall provide a report to
35.16the commissioner of the Pollution Control
35.17Agency and the legislative committees and
35.18divisions with jurisdiction over environment
35.19and natural resources finance and policy and
35.20the clean water fund by February 15, 2013,
35.21on the expenditure of these funds.
35.22(b) $9,400,000 the first year and $9,400,000
35.23the second year are to develop TMDL studies
35.24and TMDL implementation plans for waters
35.25listed on the United States Environmental
35.26Protection Agency approved impaired waters
35.27list in accordance with Minnesota Statutes,
35.28chapter 114D. The agency shall complete an
35.29average of ten percent of the TMDL's each
35.30year over the biennium.
35.31(c) $1,125,000 the first year and $1,125,000
35.32the second year are for groundwater
35.33assessment, including enhancing the
35.34ambient monitoring network, modeling,
36.1and continuing to monitor for and assess
36.2contaminants of emerging concern.
36.3(d) $750,000 the first year and $750,000
36.4the second year are for water quality
36.5improvement in the lower St. Louis River
36.6and Duluth harbor. This appropriation must
36.7be matched by a rate of 65 percent nonstate
36.8funds to 35 percent state funds.
36.9(e) $1,250,000 the first year and $1,250,000
36.10the second year are for the clean water
36.11partnership program to provide grants
36.12to protect and improve the basins and
36.13watersheds of the state and provide financial
36.14and technical assistance to study waters
36.15with nonpoint source pollution problems.
36.16Priority shall be given to projects preventing
36.17impairments and degradation of lakes, rivers,
36.18streams, and groundwater in accordance
36.19with Minnesota Statutes, section 114D.20,
36.20subdivision 2, clause (4). Any balance
36.21remaining in the first year does not cancel
36.22and is available for the second year.
36.23(f) $400,000 the first year and $400,000 the
36.24second year are for storm water research and
36.25guidance.
36.26(g) $1,150,000 the first year and $1,150,000
36.27the second year are for TMDL research and
36.28database development.
36.29(h) $800,000 the first year and $800,000
36.30the second year are for national pollutant
36.31discharge elimination system wastewater and
36.32storm water TMDL implementation efforts.
36.33(i) $225,000 the first year and $225,000
36.34the second year are transferred to the
37.1commissioner of administration for the
37.2Environmental Quality Board in cooperation
37.3with the United States Geological Survey
37.4to characterize groundwater flow and
37.5aquifer properties in the I-94 corridor in
37.6cooperation with local units of government.
37.7This appropriation is available until June 30,
37.82014.
37.9(j) $500,000 the first year is for a wild rice
37.10standards study.
37.11Notwithstanding Minnesota Statutes, section
37.1216A.28, the appropriations encumbered on or
37.13before June 30, 2013, as grants or contracts in
37.14this section are available until June 30, 2016.

37.15
37.16
 Sec. 5. DEPARTMENT OF NATURAL
RESOURCES
 $
 11,160,000
 $
 10,160,000
37.17(a) $1,825,000 the first year and $1,825,000
37.18the second year are for the continuation and
37.19expansion of stream flow monitoring.
37.20(b) $1,150,000 the first year and $1,150,000
37.21the second year are for lake Index of
37.22Biological Integrity (IBI) assessments,
37.23including assessment of 400 additional lakes
37.24and technical analysis to develop an aquatic
37.25plant IBI analysis. The commissioner shall
37.26work with the commissioner of the Pollution
37.27Control Agency on the development of an
37.28assessment tool.
37.29(c) $130,000 the first year and $130,000
37.30the second year are for assessing mercury
37.31contamination of fish, including monitoring
37.32to track the status of waters impaired by
37.33mercury and mercury reduction efforts over
37.34time.
38.1(d) $1,730,000 the first year and $1,730,000
38.2the second year are for TMDL development
38.3and TMDL implementation plans for waters
38.4listed on the United States Environmental
38.5Protection Agency approved impaired waters
38.6list in accordance with Minnesota Statutes,
38.7chapter 114D, and for development of a
38.8watershed assessment tool.
38.9(e) $1,500,000 the first year and $1,500,000
38.10the second year are for water supply
38.11planning, aquifer protection, and monitoring
38.12activities.
38.13(f) $450,000 the first year and $450,000 the
38.14second year are for establishing a Web-based
38.15electronic permitting system to capture water
38.16appropriation use information.
38.17(g) $1,725,000 the first year and $1,725,000
38.18the second year are for shoreland
38.19stewardship, TMDL implementation
38.20coordination, providing technical assistance
38.21to the Drainage Work Group and Drainage
38.22Management Team, and maintaining and
38.23updating data. Of this amount, $235,000
38.24each year is for maintaining and updating
38.25watershed boundaries and integrating
38.26high-resolution digital elevation data with
38.27watershed modeling and $40,000 each year
38.28is for a biomonitoring database. TMDL
38.29implementation coordination efforts shall be
38.30focused on major watersheds with TMDL
38.31implementation plans, including forested
38.32watersheds.
38.33(h) $1,350,000 the first year and $1,350,000
38.34the second year are to acquire and distribute
38.35high-resolution digital elevation data using
39.1light detection and ranging to aid with
39.2impaired waters modeling and TMDL
39.3implementation under Minnesota Statutes,
39.4chapter 114D. The money shall be used to
39.5collect data for areas of the state that have not
39.6acquired such data prior to January 1, 2007,
39.7or to complete acquisition and distribution
39.8of the data for those areas of the state that
39.9have not previously received state funds for
39.10acquiring and distributing the data. Mapping
39.11and data set distribution under this paragraph
39.12must be completed within three years of
39.13funds availability. The commissioner shall
39.14utilize department staff whenever possible.
39.15The commissioner may contract for services
39.16only if the services cannot otherwise be
39.17provided by the department.
39.18(i) $300,000 the first year and $300,000
39.19the second year are for delivery of decision
39.20support tools through outreach, education,
39.21and citizen engagement.
39.22(j) $1,000,000 the first year is for
39.23implementation of the metropolitan
39.24groundwater monitoring and protection
39.25activities under Minnesota Laws 2010,
39.26chapter 361, article 2, section 4, subdivision
39.275.

39.28
39.29
 Sec. 6. BOARD OF WATER AND SOIL
RESOURCES
 $
 27,192,000
 $
 27,192,000
39.30(a) $13,750,000 the first year and
39.31$13,750,000 the second year are for
39.32pollution reduction and restoration grants
39.33to local government units and joint powers
39.34organizations of local government units to
39.35protect surface water and drinking water; to
40.1keep water on the land; to protect, enhance,
40.2and restore water quality in lakes, rivers,
40.3and streams; and to protect groundwater
40.4and drinking water, including feedlot water
40.5quality and subsurface sewage treatment
40.6system (SSTS) projects and stream bank,
40.7stream channel, and shoreline restoration
40.8projects. The projects must be of long-lasting
40.9public benefit, include a match, and be
40.10consistent with TMDL implementation plans
40.11or local water management plans.
40.12(b) $3,000,000 the first year and $3,000,000
40.13the second year are for targeted local
40.14resource protection and enhancement grants.
40.15The board shall give priority consideration
40.16to projects and practices that complement,
40.17supplement, or exceed current state standards
40.18for protection, enhancement, and restoration
40.19of water quality in lakes, rivers, and streams
40.20or that protect groundwater from degradation.
40.21Of this amount, at least $1,500,000 each year
40.22is for SSTS county implementation.
40.23(c) $900,000 the first year and $900,000 the
40.24second year are to provide state oversight
40.25and accountability, evaluate results, and
40.26measure the value of conservation program
40.27implementation by local governments,
40.28including submission to the legislature
40.29by March 1 each year an annual report
40.30prepared by the board, in consultation with
40.31the commissioners of natural resources,
40.32health, agriculture, and the Pollution Control
40.33Agency, detailing the recipients and projects
40.34funded under this section. The board shall
40.35require grantees to specify the outcomes that
41.1will be achieved by the grants prior to any
41.2grant awards.
41.3(d) $1,000,000 the first year and $1,000,000
41.4the second year are for technical assistance
41.5and grants for the conservation drainage
41.6program in consultation with the Drainage
41.7Work Group that consists of projects to
41.8retrofit existing drainage systems with
41.9water quality improvement practices,
41.10evaluate outcomes, and provide outreach
41.11to landowners, public drainage authorities,
41.12drainage engineers and contractors, and
41.13others.
41.14(e) $6,000,000 the first year and $6,000,000
41.15the second year are to purchase and restore
41.16permanent conservation easements on
41.17riparian buffers adjacent to public waters,
41.18excluding wetlands, to keep water on the
41.19land in order to decrease sediment, pollutant,
41.20and nutrient transport; reduce hydrologic
41.21impacts to surface waters; and increase
41.22infiltration for groundwater recharge. The
41.23riparian buffers must be at least 50 feet
41.24unless there is a natural impediment, a road,
41.25or other impediment beyond the control
41.26of the landowner. This appropriation may
41.27be used for restoration of riparian buffers
41.28protected by easements purchased with
41.29this appropriation and for stream bank
41.30restorations when the riparian buffers have
41.31been restored.
41.32(f) $1,000,000 the first year and $1,000,000
41.33the second year are for permanent
41.34conservation easements on wellhead
41.35protection areas under Minnesota Statutes,
42.1section 103F.515, subdivision 2, paragraph
42.2(d). Priority must be placed on land that
42.3is located where the vulnerability of the
42.4drinking water supply is designated as high
42.5or very high by the commissioner of health.
42.6(g) $1,500,000 the first year and $1,500,000
42.7the second year are for community partners
42.8grants to local units of government for:
42.9(1) structural or vegetative management
42.10practices that reduce storm water runoff
42.11from developed or disturbed lands to reduce
42.12the movement of sediment, nutrients, and
42.13pollutants for restoration, protection, or
42.14enhancement of water quality in lakes, rivers,
42.15and streams and to protect groundwater
42.16and drinking water; and (2) installation
42.17of proven and effective water retention
42.18practices including, but not limited to, rain
42.19gardens and other vegetated infiltration
42.20basins and sediment control basins in order
42.21to keep water on the land. The projects
42.22must be of long-lasting public benefit,
42.23include a local match, and be consistent with
42.24TMDL implementation plans or local water
42.25management plans. Local government unit
42.26staff and administration costs may be used
42.27as a match.
42.28(h) $42,000 the first year and $42,000 the
42.29second year are for a technical assistance
42.30panel to conduct up to ten restoration audits
42.31under Minnesota Statutes, section 114D.50,
42.32subdivision 6.
42.33(i) The board shall contract for services
42.34with Conservation Corps Minnesota for
42.35restoration, maintenance, and other activities
43.1under this section for $500,000 the first year
43.2and $500,000 the second year.
43.3(j) The board may shift grant or cost-share
43.4funds in this section and may adjust the
43.5technical and administrative assistance
43.6portion of the funds to leverage federal or
43.7other nonstate funds or to address oversight
43.8responsibilities or high-priority needs
43.9identified in local water management plans.
43.10(k) The appropriations in this section are
43.11available until June 30, 2014.

43.12
 Sec. 7. DEPARTMENT OF HEALTH
 $
 2,988,000
 $
 3,050,000
43.13(a) $1,020,000 the first year and $1,020,000
43.14the second year are for addressing public
43.15health concerns related to contaminants
43.16found in Minnesota drinking water for which
43.17no health-based drinking water standard
43.18exists.
43.19(b) $1,415,000 the first year and $1,415,000
43.20the second year are for protection of drinking
43.21water sources.
43.22(c) $250,000 the first year and $250,000 the
43.23second year are for cost-share assistance to
43.24public and private well owners for up to 50
43.25percent of the cost of sealing unused wells.
43.26(d) $303,000 the first year and $365,000 the
43.27second year are to expand the county well
43.28index.

43.29
 Sec. 8. METROPOLITAN COUNCIL
 $
 500,000
 $
 500,000
43.30$500,000 the first year and $500,000 the
43.31second year are for implementation of the
44.1master water supply plan developed under
44.2Minnesota Statutes, section 473.1565.

44.3
 Sec. 9. LEGISLATURE
 $
 11,000
 $
 -0-
44.4$11,000 the first year is for the Legislative
44.5Coordinating Commission for the costs of
44.6developing and implementing a Web site to
44.7contain information on projects receiving
44.8appropriations from the clean water fund and
44.9other constitutionally dedicated funds.

44.10    Sec. 10. Minnesota Statutes 2010, section 114D.10, is amended to read:
44.11114D.10 LEGISLATIVE PURPOSE AND FINDINGS.
44.12    Subdivision 1. Purpose. The purpose of the Clean Water Legacy Act is to protect,
44.13enhance, and restore, and preserve the water quality of Minnesota's surface waters in
44.14lakes, rivers, and streams and to protect groundwater from degradation, by providing
44.15authority, direction, and resources to achieve and maintain water quality standards for
44.16groundwater and surface waters as, including the standards required by section 303(d)
44.17of the federal Clean Water Act, United States Code, title 33, section 1313(d), and other
44.18applicable state and federal regulations.
44.19    Subd. 2. Findings. The legislature finds that:
44.20(1) there is a close link between protecting, enhancing, and restoring, and preserving
44.21the quality of Minnesota's groundwater and surface waters and the ability to develop the
44.22state's economy, enhance its quality of life, and protect its human and natural resources;
44.23(2) achieving the state's water quality goals will require long-term commitment and
44.24cooperation by all state and local agencies, and other public and private organizations
44.25and individuals, with responsibility and authority for water management, planning, and
44.26protection; and
44.27(3) all persons and organizations whose activities affect the quality of waters,
44.28including point and nonpoint sources of pollution, have a responsibility to participate in
44.29and support efforts to achieve the state's water quality goals.

44.30    Sec. 11. Minnesota Statutes 2010, section 114D.20, subdivision 1, is amended to read:
44.31    Subdivision 1. Coordination and cooperation. In implementing this chapter,
44.32public agencies and private entities shall take into consideration the relevant provisions of
44.33local and other applicable water management, conservation, land use, land management,
45.1and development plans and programs. Public agencies with authority for local water
45.2management, conservation, land use, land management, and development plans shall
45.3take into consideration the manner in which their plans affect the implementation of
45.4this chapter. Public agencies shall identify opportunities to participate and assist in the
45.5successful implementation of this chapter, including the funding or technical assistance
45.6needs, if any, that may be necessary. In implementing this chapter, public agencies shall
45.7endeavor to engage the cooperation of organizations and individuals whose activities
45.8affect the quality of groundwater or surface waters, including point and nonpoint sources
45.9of pollution, and who have authority and responsibility for water management, planning,
45.10and protection. To the extent practicable, public agencies shall endeavor to enter into
45.11formal and informal agreements and arrangements with federal agencies and departments
45.12to jointly utilize staff and educational, technical, and financial resources to deliver
45.13programs or conduct activities to achieve the intent of this chapter, including efforts
45.14under the federal Clean Water Act and other federal farm and soil and water conservation
45.15programs. Nothing in this chapter affects the application of silvicultural exemptions under
45.16any federal, state, or local law or requires silvicultural practices more stringent than those
45.17recommended in the timber harvesting and forest management guidelines adopted by the
45.18Minnesota Forest Resources Council under section 89A.05.

45.19    Sec. 12. Minnesota Statutes 2010, section 114D.20, subdivision 2, is amended to read:
45.20    Subd. 2. Goals for implementation. The following goals must guide the
45.21implementation of this chapter:
45.22(1) to identify impaired waters in accordance with federal TMDL requirements
45.23within ten years after the effective date of this section and thereafter to ensure continuing
45.24evaluation of surface waters for impairments;
45.25(2) to submit TMDL's to the United States Environmental Protection Agency for all
45.26impaired waters in a timely manner in accordance with federal TMDL requirements;
45.27(3) to set a reasonable time for implementing restoration of each identified impaired
45.28water;
45.29(4) to provide assistance and incentives to prevent waters from becoming impaired
45.30and to improve the quality of waters that are listed as impaired but do not have an
45.31approved TMDL addressing the impairment;
45.32(5) to promptly seek the delisting of waters from the impaired waters list when those
45.33waters are shown to achieve the designated uses applicable to the waters; and
45.34(6) to achieve compliance with federal Clean Water Act requirements in Minnesota.;
46.1(7) to support effective measures to prevent the degradation of groundwater
46.2according to the groundwater degradation prevention goal under section 103H.001; and
46.3(8) to support effective measures to restore degraded groundwater.

46.4    Sec. 13. Minnesota Statutes 2010, section 114D.20, subdivision 3, is amended to read:
46.5    Subd. 3. Implementation policies. The following policies must guide the
46.6implementation of this chapter:
46.7(1) develop regional and watershed TMDL's and TMDL implementation plans, and
46.8TMDL's and TMDL implementation plans for multiple pollutants, where reasonable and
46.9feasible;
46.10(2) maximize use of available organizational, technical, and financial resources to
46.11perform sampling, monitoring, and other activities to identify degraded groundwater and
46.12impaired waters, including use of citizen monitoring and citizen monitoring data used
46.13by the Pollution Control Agency in assessing water quality must meet that meets the
46.14requirements in Appendix D of the Volunteer Surface Water Monitoring Guide, Minnesota
46.15Pollution Control Agency (2003);
46.16(3) maximize opportunities for restoration of degraded groundwater and impaired
46.17waters, by prioritizing and targeting of available programmatic, financial, and technical
46.18resources and by providing additional state resources to complement and leverage
46.19available resources;
46.20(4) use existing regulatory authorities to achieve restoration for point and nonpoint
46.21sources of pollution where applicable, and promote the development and use of effective
46.22nonregulatory measures to address pollution sources for which regulations are not
46.23applicable;
46.24(5) use restoration methods that have a demonstrated effectiveness in reducing
46.25impairments and provide the greatest long-term positive impact on water quality protection
46.26and improvement and related conservation benefits while incorporating innovative
46.27approaches on a case-by-case basis;
46.28(6) identify for the legislature any innovative approaches that may strengthen or
46.29complement existing programs;
46.30(7) identify and encourage implementation of measures to prevent surface waters
46.31from becoming impaired and to improve the quality of waters that are listed as impaired
46.32but have no approved TMDL addressing the impairment using the best available data and
46.33technology, and establish and report outcome-based performance measures that monitor
46.34the progress and effectiveness of protection and restoration measures; and
47.1(8) monitor and enforce cost-sharing contracts and impose monetary damages in an
47.2amount up to 150 percent of the financial assistance received for failure to comply.; and
47.3(9) identify and encourage implementation of measures to prevent groundwater from
47.4becoming degraded and measures that restore groundwater resources.

47.5    Sec. 14. Minnesota Statutes 2010, section 114D.20, subdivision 6, is amended to read:
47.6    Subd. 6. Priorities for restoration of impaired waters. In implementing
47.7restoration of impaired waters, in addition to the priority considerations in subdivision 5,
47.8the Clean Water Council shall give priority in its recommendations for restoration funding
47.9from the clean water legacy account fund to restoration projects that:
47.10(1) coordinate with and utilize existing local authorities and infrastructure for
47.11implementation;
47.12(2) can be implemented in whole or in part by providing support for existing or
47.13ongoing restoration efforts;
47.14(3) most effectively leverage other sources of restoration funding, including federal,
47.15state, local, and private sources of funds;
47.16(4) show a high potential for early restoration and delisting based upon scientific
47.17data developed through public agency or citizen monitoring or other means; and
47.18(5) show a high potential for long-term water quality and related conservation
47.19benefits.

47.20    Sec. 15. Minnesota Statutes 2010, section 114D.20, subdivision 7, is amended to read:
47.21    Subd. 7. Priorities for funding prevention actions. The Clean Water Council
47.22shall apply the priorities applicable under subdivision 6, as far as practicable, when
47.23recommending priorities for funding actions to prevent groundwater and surface waters
47.24from becoming degraded or impaired and to improve the quality of surface waters that are
47.25listed as impaired but do not have an approved TMDL.

47.26    Sec. 16. Minnesota Statutes 2010, section 114D.30, is amended to read:
47.27114D.30 CLEAN WATER COUNCIL.
47.28    Subdivision 1. Creation; duties. A Clean Water Council is created to advise on the
47.29administration and implementation of this chapter, and foster coordination and cooperation
47.30as described in section 114D.20, subdivision 1. The council may also advise on the
47.31development of appropriate processes for expert scientific review as described in section
47.32114D.35 , subdivision 2. The Pollution Control Agency shall provide administrative
48.1support for the council with the support of other member agencies. The members of the
48.2council shall elect a chair from the nonagency voting members of the council.
48.3    Subd. 2. Membership; appointment. (a) The commissioners of natural resources,
48.4agriculture, health, and the Pollution Control Agency, and the executive director of the
48.5Board of Water and Soil Resources shall each appoint one person from their respective
48.6agency to serve as a nonvoting member of the council. Agency members serve as
48.7nonvoting members of the council. Two members of the house of representatives,
48.8including one member from the majority party and one member from the minority party,
48.9appointed by the speaker and two senators, including one member from the majority
48.10party and one member from the minority party, appointed according to the rules of the
48.11senate shall serve at the pleasure of the appointing authority as nonvoting members of
48.12the council. Agency and legislative members appointed under this paragraph serve as
48.13nonvoting members of the council.
48.14(b) Nineteen additional nonagency voting members of the council shall be appointed
48.15by the governor as follows:
48.16(1) two members representing statewide farm organizations;
48.17(2) two members representing business organizations;
48.18(3) two members representing environmental organizations;
48.19(4) one member representing soil and water conservation districts;
48.20(5) one member representing watershed districts;
48.21(6) one member representing nonprofit organizations focused on improvement of
48.22Minnesota lakes or streams;
48.23(7) two members representing organizations of county governments, one member
48.24representing the interests of rural counties and one member representing the interests of
48.25counties in the seven-county metropolitan area;
48.26(8) two members representing organizations of city governments;
48.27(9) one member representing the Metropolitan Council established under section
48.28473.123 ;
48.29(10) one member representing township officer officers;
48.30(11) one member representing the interests of tribal governments;
48.31(12) one member representing statewide hunting organizations;
48.32(13) one member representing the University of Minnesota or a Minnesota state
48.33university; and
48.34(14) one member representing statewide fishing organizations.
48.35Members appointed under clauses (1) to (14) this paragraph must not be registered
48.36lobbyists or legislators. In making appointments, the governor must attempt to provide for
49.1geographic balance. The members of the council appointed by the governor are subject
49.2to the advice and consent of the senate.
49.3    Subd. 3. Conflict of interest. A Clean Water Council member may not participate
49.4in or vote on a decision of the council relating to an organization in which the member has
49.5either a direct or indirect personal financial interest. While serving on the Clean Water
49.6Council, a member shall avoid any potential conflict of interest.
49.7    Subd. 4. Terms; compensation; removal. The initial terms of members
49.8representing state agencies and the Metropolitan Council expire on the first Monday in
49.9January 2007. Thereafter, The terms of members representing the state agencies and the
49.10Metropolitan Council are four years and are coterminous with the governor. The terms
49.11of other nonlegislative members of the council shall be as provided in section 15.059,
49.12subdivision 2. Members may serve until their successors are appointed and qualify.
49.13Compensation and removal of nonlegislative council members is as provided in section
49.1415.059 , subdivisions 3 and 4. Compensation of legislative members is as determined
49.15by the appointing authority. A vacancy on the council may be filled by the appointing
49.16authority provided in subdivision 1 for the remainder of the unexpired term.
49.17    Subd. 5. Implementation plan. The Clean Water Council shall recommend a plan
49.18for implementation of this chapter and the provisions of article XI, section 15, of the
49.19Minnesota Constitution relating to clean water. The recommended plan shall address
49.20general procedures and time frames for implementing this chapter, and shall include a more
49.21specific implementation work plan for the next fiscal biennium and a framework for setting
49.22priorities to address impaired waters consistent with section 114D.20, subdivisions 2 to 7.
49.23The council shall issue the first recommended plan under this subdivision by December 1,
49.242005, and shall issue a revised plan by December 1 of each even-numbered year thereafter.
49.25    Subd. 6. Recommendations on appropriation of funds. (a) The Clean Water
49.26Council shall recommend to the governor and the legislature the manner in which
49.27money from the clean water legacy account fund should be appropriated for the purposes
49.28identified in section 114D.45, subdivision 3 stated in article XI, section 15, of the
49.29Minnesota Constitution and section 114D.50.
49.30(b) The council's recommendations must:
49.31(1) be to protect, enhance, and restore water quality in lakes, rivers, and streams and
49.32to protect groundwater from degradation and ensure that at least five percent of the clean
49.33water fund is spent only to protect drinking water sources;
49.34(2) be consistent with the purposes, policies, goals, and priorities in sections
49.35114D.05 to 114D.35, this chapter; and shall
50.1(3) allocate adequate support and resources to identify degraded groundwater and
50.2impaired waters, develop TMDL's, implement restoration of groundwater and impaired
50.3waters, and provide assistance and incentives to prevent groundwater and surface waters
50.4from becoming degraded or impaired and improve the quality of surface waters which are
50.5listed as impaired but have no approved TMDL.
50.6(c) The council must recommend methods of ensuring that awards of grants,
50.7loans, or other funds from the clean water legacy account fund specify the outcomes
50.8to be achieved as a result of the funding and specify standards to hold the recipient
50.9accountable for achieving the desired outcomes. Expenditures from the account fund must
50.10be appropriated by law.
50.11    Subd. 7. Biennial report to legislature. By December 1 of each even-numbered
50.12year, the council shall submit a report to the legislature on the activities for which money
50.13has been or will be spent for the current biennium, the activities for which money is
50.14recommended to be spent in the next biennium, and the impact on economic development
50.15of the implementation of efforts to protect and restore groundwater and the impaired waters
50.16program. The report due on December 1, 2014, must include an evaluation of the progress
50.17made through June 30, 2014, in implementing this chapter and the provisions of article XI,
50.18section 15, of the Minnesota Constitution relating to clean water, the need for funding of
50.19future implementation of those sections, and recommendations for the sources of funding.

50.20    Sec. 17. Minnesota Statutes 2010, section 114D.35, is amended to read:
50.21114D.35 PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC
50.22REVIEW; EDUCATION.
50.23    Subdivision 1. Public and stakeholder participation. Public agencies and private
50.24entities involved in the implementation of this chapter shall encourage participation by
50.25the public and stakeholders, including local citizens, landowners and managers, and
50.26public and private organizations, in the identification of identifying impaired waters, in
50.27developing TMDL's, and in planning, priority setting, and implementing restoration of
50.28impaired waters, in identifying degraded groundwater, and in protecting and restoring
50.29groundwater resources. In particular, the Pollution Control Agency shall make reasonable
50.30efforts to provide timely information to the public and to stakeholders about impaired
50.31waters that have been identified by the agency. The agency shall seek broad and early
50.32public and stakeholder participation in scoping the activities necessary to develop a
50.33TMDL, including the scientific models, methods, and approaches to be used in TMDL
50.34development, and to implement restoration pursuant to section 114D.15, subdivision 7.
51.1    Subd. 2. Expert scientific advice. The Clean Water Council and public agencies
51.2and private entities shall make use of available public and private expertise from
51.3educational, research, and technical organizations, including the University of Minnesota
51.4and other higher education institutions, to provide appropriate independent expert advice
51.5on models, methods, and approaches used in identifying degraded ground water and
51.6impaired waters, developing TMDL's, and implementing prevention and restoration.
51.7    Subd. 3. Education. The Clean Water Council shall develop strategies for
51.8informing, educating, and encouraging the participation of citizens, stakeholders,
51.9and others regarding the identification of impaired waters, development of TMDL's,
51.10development of TMDL implementation plans, and implementation of restoration for
51.11impaired waters, identification of degraded groundwater, and protection and restoration
51.12of groundwater resources. Public agencies shall be responsible for implementing the
51.13strategies.

51.14    Sec. 18. CIVIC ENGAGEMENT AND PUBLIC EDUCATION.
51.15A recipient of funds appropriated in this article shall incorporate civic engagement
51.16and public education when implementing projects and programs funded under this article.

51.17    Sec. 19. ADMINISTRATION ALLOWANCE.
51.18Money appropriated in this article may not be spent on activities unless they are
51.19directly related to and necessary for a specific appropriation. Unless otherwise specified in
51.20this article, an entity that receives money through a direct appropriation or a grant funded
51.21by an appropriation in this article may spend no more than five percent of the money for
51.22administration, indirect costs, or other institutional overhead charges.

51.23    Sec. 20. REPEALER.
51.24Minnesota Statutes 2010, section 114D.45, is repealed.

51.25ARTICLE 3
51.26PARKS AND TRAILS FUND

51.27
 Section 1. PARKS AND TRAILS FUND APPROPRIATIONS.
51.28    The sums shown in the columns marked "Appropriations" are appropriated to
51.29the agencies and for the purposes specified in this article. The appropriations are from
51.30the parks and trails fund, or another named fund, and are available for the fiscal years
51.31indicated for each purpose. Notwithstanding Minnesota Statutes, section 16A.28, and
51.32unless otherwise specified in this article, fiscal year 2012 appropriations are available until
52.1June 30, 2013, and fiscal year 2013 appropriations are available until June 30, 2014. "The
52.2first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" is
52.3fiscal years 2012 and 2013. Appropriations for the fiscal year ending June 30, 2011, are
52.4effective the day following final enactment. All appropriations in this article are onetime.
52.5
 APPROPRIATIONS
52.6
 Available for the Year
52.7
 Ending June 30
52.8
 2012
 2013

52.9
52.10
 Sec. 2. DEPARTMENT OF NATURAL
RESOURCES
 $
 24,033,000
 $
 23,193,000
52.11(a) $14,597,000 the first year and
52.12$15,437,000 the second year are for state
52.13parks, recreation areas, and trails to:
52.14(1) connect people to the outdoors;
52.15(2) acquire land and create opportunities;
52.16(3) maintain existing holdings, including
52.17developing and redeveloping facilities,
52.18and improving accessibility and energy
52.19efficiency; and
52.20(4) improve cooperation by coordinating
52.21with partners to implement the 25-year
52.22long-range parks and trails legacy plan.
52.23(b) $2,100,000 the first year is for acquisition
52.24of land adjacent to LaSalle Lake in Hubbard
52.25County for a state recreation area.
52.26(c) $7,298,000 the first year and $7,718,000
52.27the second year are for grants under
52.28Minnesota Statutes, section 85.535, to
52.29acquire, develop, improve, and restore
52.30parks and trails of regional or statewide
52.31significance. Of this amount, $100,000
52.32the first year is for a grant to the Greater
52.33Minnesota Regional Park and Trail Coalition
52.34to: define and develop information, including
53.1the number of users to greater Minnesota
53.2regional parks and trails; collect and compile
53.3details on the facilities within the greater
53.4Minnesota system facilities; and develop
53.5a plan for high priority park and trail
53.6acquisition and development opportunities.
53.7Up to 2.5 percent of this appropriation may
53.8be used for administering the grants. Any
53.9unencumbered balance does not cancel at the
53.10end of the first year and is available for the
53.11second year. Applications for grants funded
53.12with appropriations from the first year shall
53.13be accepted until July 15, 2011.
53.14(d) $38,000 the first year and $38,000 the
53.15second year are for a technical assistance
53.16panel to conduct up to ten restoration audits
53.17under Minnesota Statutes, section 85.53,
53.18subdivision 5.

53.19
 Sec. 3. METROPOLITAN COUNCIL
 $
 14,597,000
 $
 15,437,000
53.20(a) $14,597,000 the first year and
53.21$15,437,000 the second year are to be
53.22distributed as required under Minnesota
53.23Statutes, section 85.53, subdivision 3.
53.24(b) Grant agreements entered into by the
53.25Metropolitan Council and recipients of
53.26money appropriated under this section shall
53.27ensure that the funds are used to supplement
53.28and not substitute for traditional sources of
53.29funding.

53.30
 Sec. 4. LEGISLATURE
 $
 5,000
 $
 -0-
53.31$5,000 the first year is for the Legislative
53.32Coordinating Commission for the costs of
53.33developing and implementing a Web site to
54.1contain information on projects receiving
54.2appropriations from the parks and trails fund
54.3and other constitutionally dedicated funds.

54.4    Sec. 5. ADMINISTRATION ALLOWANCE.
54.5Money appropriated in this article may not be spent on activities unless they are
54.6directly related to and necessary for a specific appropriation. Unless otherwise specified in
54.7this article, an entity that receives money through a direct appropriation or a grant funded
54.8by an appropriation in this article may spend no more than five percent of the money for
54.9administration, indirect costs, or other institutional overhead charges.

54.10ARTICLE 4
54.11ARTS AND CULTURAL HERITAGE FUND

54.12
 Section 1. ARTS AND CULTURAL HERITAGE FUND APPROPRIATIONS.
54.13    The sums shown in the columns marked "Appropriations" are appropriated to the
54.14entities and for the purposes specified in this article. The appropriations are from the arts
54.15and cultural heritage fund, and are available for the fiscal years indicated for allowable
54.16activities under the Minnesota Constitution, article XI, section 15. Notwithstanding
54.17Minnesota Statutes, section 16A.28, and unless otherwise specified in this article,
54.18fiscal year 2012 appropriations are available until June 30, 2013, and fiscal year 2013
54.19appropriations are available until June 30, 2014. "The first year" is fiscal year 2012. "The
54.20second year" is fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. All
54.21appropriations in this article are onetime.
54.22
 APPROPRIATIONS
54.23
 Available for the Year
54.24
 Ending June 30
54.25
 2012
 2013

54.26
 Sec. 2. ARTS AND CULTURAL HERITAGE
54.27
 Subdivision 1.Total Appropriation
 $
 50,610,000
 $
 50,604,000
54.28The amounts that may be spent for each
54.29purpose are specified in the following
54.30subdivisions.
54.31
 Subd. 2.Minnesota State Arts Board
 21,644,000
 21,644,000
54.32These amounts are appropriated to the
54.33Minnesota State Arts Board for arts,
55.1arts education, and arts access. Grant
55.2agreements entered into by the Minnesota
55.3State Arts Board and other recipients of
55.4appropriations in this section shall ensure
55.5that these funds are used to supplement
55.6and not supplant traditional sources of
55.7funding. Appropriations made directly
55.8to the Minnesota State Arts Board shall
55.9supplement, and shall not substitute for,
55.10traditional sources of funding. Each grant
55.11program established within this appropriation
55.12shall be separately administered from other
55.13state appropriations for program planning
55.14and outcome measurements, but may take
55.15into consideration other state resources
55.16awarded in the selection of applicants and
55.17grant award size.
55.18Arts and Arts Access Initiatives.
55.19$16,500,000 the first year and $16,500,000
55.20the second year are to support Minnesota
55.21artists and arts organizations in creating,
55.22producing, and presenting high-quality arts
55.23activities; to overcome barriers to accessing
55.24high-quality arts activities; and to instill the
55.25arts into the community and public life in
55.26this state.
55.27A portion of these funds may be used to:
55.28(1) pay attendance fees and travel costs
55.29for youth to visit art museums, arts
55.30performances, or other arts activities; or
55.31(2) bring artists to schools, libraries, or other
55.32community centers or organizations for
55.33teaching, training, or performance purposes.
55.34Arts Education. $3,450,000 the first year
55.35and $3,450,000 the second year are for
56.1high-quality, age-appropriate arts education
56.2for Minnesotans of all ages to develop
56.3knowledge, skills, and understanding of the
56.4arts.
56.5A portion of this appropriation may be used
56.6for grants to school districts to provide
56.7materials or resources to teachers, students,
56.8and parents to promote achievement of K-12
56.9academic standards in the arts.
56.10Arts and Cultural Heritage. $1,080,000
56.11the first year and $1,080,000 the second year
56.12are for events and activities that represent
56.13the diverse ethnic and cultural arts traditions,
56.14including folk and traditional artists and art
56.15organizations, represented in this state.
56.16Administration, Fiscal Oversight, and
56.17Accountability. $634,000 the first year
56.18and $634,000 the second year are for
56.19administration of grant programs, delivering
56.20technical services, providing fiscal oversight
56.21for the statewide system, and ensuring
56.22accountability for these state resources.
56.23Census. The Minnesota State Arts Board, in
56.24partnership with regional arts councils, shall
56.25maintain a census of Minnesota artists and
56.26artistic organizations.
56.27Thirty percent of the total appropriated to
56.28each of the categories established in this
56.29subdivision is for grants to the regional arts
56.30councils. This percentage does not apply to
56.31administrative costs.
56.32
 Subd. 3.Department of Education
 3,455,000
 3,455,000
56.33These amounts are appropriated to the
56.34commissioner of education for grants
57.1allocated using existing formulas under
57.2Minnesota Statutes, section 134.355, to the
57.312 Minnesota Regional Library Systems, to
57.4provide educational opportunities in the arts,
57.5history, literary arts, and cultural heritage
57.6of Minnesota. These funds may be used
57.7to sponsor programs provided by regional
57.8libraries, or to provide grants to local arts
57.9and cultural heritage programs for programs
57.10in partnership with regional libraries.
57.11
 Subd. 4.Minnesota Historical Society
 12,250,000
 12,250,000
57.12These amounts are appropriated to the
57.13governing board of the Minnesota Historical
57.14Society to preserve and enhance access to
57.15Minnesota's history and its cultural and
57.16historical resources. Grant agreements
57.17entered into by the Minnesota Historical
57.18Society and other recipients of appropriations
57.19in this section shall ensure that these funds
57.20are used to supplement and not substitute for
57.21traditional sources of funding. Funds directly
57.22appropriated to the Minnesota Historical
57.23Society shall be used to supplement, and not
57.24substitute for, traditional sources of funding.
57.25If a project receives federal funds, the time
57.26period of the appropriation is extended to
57.27equal the availability of the federal funds.
57.28For historic preservation projects that
57.29improve historic structures, the amounts are
57.30available until June 30, 2015.
57.31Statewide Historic and Cultural Grants.
57.32$6,000,000 the first year and $6,000,000
57.33the second year are for history programs
57.34and projects operated or conducted by or
57.35through local, county, regional or other
58.1historical or cultural organizations; or for
58.2activities to preserve significant historic
58.3and cultural resources. Funds are to be
58.4distributed through a competitive grants
58.5process. The Minnesota Historical Society
58.6shall administer these funds using established
58.7grants mechanisms, and with assistance from
58.8the advisory committee created under Laws
58.9of 2009, chapter 172, article 4, section 2,
58.10subdivision 4, paragraph (b), clause (ii).
58.11Programs. $4,000,000 the first year and
58.12$4,000,000 the second year are for programs
58.13and purposes related to the historical and
58.14cultural heritage of the state of Minnesota,
58.15conducted by the Minnesota Historical
58.16Society.
58.17History Partnerships. $1,500,000 the
58.18first year and $1,500,000 the second year
58.19are for partnerships involving multiple
58.20organizations, which may include the
58.21Minnesota Historical Society, to preserve and
58.22enhance access to Minnesota's history and
58.23cultural heritage in all regions of the state.
58.24Statewide Survey of Historical and
58.25Archaeological Sites. $275,000 the first
58.26year and $275,000 the second year are
58.27for a contract or contracts to be let on
58.28a competitive basis to conduct surveys,
58.29statewide, of Minnesota's sites of historical,
58.30archaeological, and cultural significance.
58.31Results of this survey must be published in
58.32a searchable form, available to the public on
58.33a cost-free basis. The Minnesota Historical
58.34Society, the Office of the State Archaeologist,
58.35and the Indian Affairs Council shall each
59.1appoint a representative to an oversight board
59.2to select contractors and direct the conduct
59.3of these surveys. The oversight board shall
59.4consult with the Minnesota Departments of
59.5Transportation and Natural Resources.
59.6Digital Library. $475,000 the first year and
59.7$475,000 the second year are for a digital
59.8library project to preserve, digitize, and share
59.9Minnesota images, documents, and historic
59.10materials. The Minnesota Historical Society
59.11shall cooperate with the MINITEX system
59.12and shall jointly share this appropriation for
59.13these purposes.
59.14
 Subd. 5.Department of Administration
 8,460,000
 8,460,000
59.15These amounts are appropriated to the
59.16commissioner of administration for grants
59.17to the named organizations for the purposes
59.18specified in this subdivision. Up to one
59.19percent of funds may be used by the
59.20commissioner for grants administration.
59.21Grant agreements entered into by
59.22the commissioner and recipients of
59.23appropriations in this subdivision must
59.24ensure that money appropriated in this
59.25subdivision is used to supplement and not
59.26substitute for traditional sources of funding.
59.27Public Television. $3,900,000 the first
59.28year and $3,900,000 the second year are for
59.29grants to the Minnesota Public Television
59.30Association for production and acquisition
59.31grants in accordance with Minnesota
59.32Statutes, section 129D.18.
59.33Minnesota Public Radio. $1,000,000 the
59.34first year and $1,000,000 the second year
60.1are for grants to Minnesota Public Radio to
60.2create new programming and events, expand
60.3regional news service, amplify Minnesota
60.4culture to a regional and national audience,
60.5and document Minnesota's history through
60.6the Minnesota Audio Archives.
60.7Association of Minnesota Public
60.8Educational Radio Stations. $1,500,000
60.9the first year and $1,500,000 the second
60.10year are for grants to the Association of
60.11Minnesota Public Educational Radio Stations
60.12for production and acquisition grants in
60.13accordance with Minnesota Statutes, section
60.14129D.19.
60.15Zoos. $400,000 the first year and $400,000
60.16the second year are for grants of $200,000
60.17each year to the Como Zoo and the Lake
60.18Superior Zoo for programmatic development.
60.19Children's Museums. $1,000,000 the first
60.20year and $1,000,000 the second year are
60.21for grants of $250,000 each year to each
60.22of the following entities: the Minnesota
60.23Children's Museum, the Duluth Children's
60.24Museum, the Children's Discovery Museum
60.25of Grand Rapids, and the Children's Museum
60.26of Southern Minnesota. These amounts are
60.27for arts, arts education, and arts access and
60.28to preserve Minnesota's history and cultural
60.29heritage.
60.30Science Museum of Minnesota. $500,000
60.31the first year and $500,000 the second year
60.32are for grants to the Science Museum of
60.33Minnesota. These amounts are for arts, arts
60.34education, and arts access and to preserve
60.35Minnesota's history and cultural heritage.
61.1Minnesota Film and TV Board. $160,000
61.2the first year and $160,000 the second year
61.3are for grants to the Minnesota Film and TV
61.4Board for grants to Minnesota filmmakers
61.5to create film or television productions that
61.6illuminate Minnesota arts, history, or cultural
61.7heritage.
61.8
 Subd. 6.Minnesota Zoological Garden
 700,000
 700,000
61.9These amounts are appropriated to
61.10the Minnesota Zoological Board for
61.11programmatic development of the Minnesota
61.12Zoo.
61.13
 Subd. 7.Minnesota Humanities Center
1,075,000
 1,075,000
61.14These amounts are appropriated to the board
61.15of directors of the Minnesota Humanities
61.16Center for the purposes specified in this
61.17subdivision.
61.18Programs and Purposes. $325,000 the first
61.19year and $325,000 the second year are for
61.20programs and purposes of the Minnesota
61.21Humanities Center.
61.22The Minnesota Humanities Center may
61.23consider museums and organizations
61.24celebrating the ethnic identities of
61.25Minnesotans for grants from these funds.
61.26The Minnesota Humanities Center may
61.27develop a written plan for the competitive
61.28issuance of these grants, and, if developed,
61.29shall submit that plan for review and approval
61.30by the Department of Administration.
61.31Councils of Color. $500,000 the first
61.32year and $500,000 the second year are for
61.33competitive grants to the Council on Asian
61.34Pacific Minnesotans, the Council on Black
62.1Minnesotans, the Indian Affairs Council, and
62.2the Chicano Latino Affairs Council. Grants
62.3are for programs and cooperation between
62.4the Minnesota Humanities Center and the
62.5grant recipients for community events and
62.6programs that celebrate and preserve artistic,
62.7historical, and cultural heritage.
62.8Civics Education. $250,000 the first year
62.9and $250,000 the second year are for grants
62.10to the following organizations to conduct
62.11civics education programs for the civic and
62.12cultural development of Minnesota youth:
62.13$113,000 each year to the Learning Law and
62.14Democracy Foundation, $106,000 each year
62.15to Kids Voting Minnesota, and $31,000 each
62.16year to YMCA Youth in Government.
62.17
 Subd. 7.Perpich Center For Arts Education
 725,000
 725,000
62.18These amounts are appropriated to the board
62.19of directors of the Perpich Center for Arts
62.20Education for arts, arts education, and arts
62.21access and to preserve Minnesota's history
62.22and cultural heritage.
62.23
 Subd. 8.Department of Agriculture
 1,400,000
 1,400,000
62.24These amounts are appropriated to the
62.25commissioner of agriculture for grants to
62.26county agricultural societies to enhance arts
62.27access and education and to preserve and
62.28promote Minnesota's history and cultural
62.29heritage as embodied in its county fairs.
62.30The grants shall be in addition to the aid
62.31distributed to county agricultural societies
62.32under Minnesota Statutes, section 38.02. The
62.33commissioner shall award grants as follows:
63.1(1) $350,000 each year, distributed in equal
63.2amounts to each of the state's county fairs
63.3to enhance arts access and education and to
63.4preserve and promote Minnesota's history
63.5and cultural heritage;
63.6(2) $694,0000 each year, distributed as
63.7competitive grants for the development or
63.8enhancement of county fair facilities that
63.9provide access to the arts, arts education, or
63.10agricultural, historical and cultural heritage
63.11programs, including but not limited to
63.12agricultural education centers, arts buildings,
63.13and performance stages;
63.14(3) $178,000 each year, distributed as
63.15competitive grants for specific county fair
63.16projects and events that provide access to the
63.17arts or the state's agricultural, historical, and
63.18cultural heritage; and
63.19(4) $178,000 each year, distributed as
63.20competitive grants for specific arts, cultural,
63.21or historical programs at county fairs.
63.22
 Subd. 9.Indian Affairs Council
 875,000
 875,000
63.23These amounts are appropriated to the Indian
63.24Affairs Council for the purposes identified in
63.25this subdivision.
63.26Language Working Group. $75,000 the
63.27first year and $75,000 the second year are
63.28for continuation of the working group on
63.29Dakota and Ojibwe Language Revitalization
63.30and Preservation established under Laws of
63.312009, chapter 172, article 4, section 5.
63.32Language Preservation and Education.
63.33$550,000 the first year and $550,000 the
63.34second year are for grants for programs
64.1that preserve Dakota and Ojibwe Indian
64.2languages and to foster educational programs
64.3in Dakota and Ojibwe languages.
64.4Language Immersion. $250,000 the first
64.5year and $250,000 the second year are for
64.6grants of $125,000 each year to the Niigaane
64.7Ojibwe Immersion School and the Wicoie
64.8Nandagikendan Urban Immersion Project to:
64.9(1) develop and expand K-12 curriculum;
64.10(2) provide fluent speakers in the classroom;
64.11(3) develop appropriate testing and
64.12evaluation procedures; and
64.13(4) develop community-based training and
64.14engagement.
64.15
 Subd. 10.Legislature
 6,000
 0
64.16These amounts are appropriated to the
64.17Legislative Coordinating Commission to
64.18operate the Web site for dedicated funds
64.19required under Minnesota Statutes, section
64.203.303, subdivision 10.

64.21    Sec. 3. Minnesota Statutes 2010, section 129D.18, subdivision 3, is amended to read:
64.22    Subd. 3. Conditions. (a) A public station receiving funds appropriated under this
64.23section must:
64.24(1) make programs produced with these funds available for broadcast to all other
64.25public stations eligible to receive grants under this section;
64.26(2) offer free public performance rights for classroom use of programs produced
64.27with these funds to public educational institutions, excluding those materials for which
64.28public television stations do not have rights to distribute;
64.29(3) archive programs produced with these funds and make the programs available
64.30for future use through encore broadcast or other distribution, including online; and
64.31(4) ensure that underwriting credit is given to the Minnesota arts and cultural
64.32heritage fund.
65.1(b) Programs produced in partnership with other mission-centered nonprofit
65.2organizations may be used by the partnering organization for their own educational or
65.3promotional purposes.

65.4    Sec. 4. Minnesota Statutes 2010, section 129D.18, subdivision 4, is amended to read:
65.5    Subd. 4. Reporting. A public station receiving funds appropriated under this section
65.6must report annually by January 15 to the commissioner, the Legislative Coordinating
65.7Commission, and the chairs and ranking minority members of the senate and house
65.8of representatives committees and divisions having jurisdiction over arts and cultural
65.9heritage policy and finance regarding how the previous year's grant funds were expended.
65.10This In addition to all information required of each recipient of money from the arts and
65.11cultural heritage fund under section 3.303, subdivision 10, the report must contain specific
65.12information for each program produced and broadcast, including the cost of production,
65.13the number of stations broadcasting the program, estimated viewership, the number of
65.14hours of legacy program content available for streaming on Web site downloads sites,
65.15and other related measures. If the programs produced include educational material, the
65.16public station must report on these efforts.

65.17    Sec. 5. Minnesota Statutes 2010, section 129D.19, subdivision 5, is amended to read:
65.18    Subd. 5. Reporting. A noncommercial radio station receiving funds appropriated
65.19under this section must report annually by January 15 to the commissioner, the Legislative
65.20Coordinating Commission, and the chairs and ranking minority members of the senate
65.21and house of representatives committees and divisions having jurisdiction over arts and
65.22cultural heritage policy and finance regarding how the previous year's grant funds were
65.23expended. This In addition to all information required of each recipient of money from
65.24the arts and cultural heritage fund under section 3.303, subdivision 10, the report must
65.25contain specific information for each program produced and broadcast, including the
65.26cost of production, the number of stations broadcasting the program, estimated number
65.27of listeners, and other related measures. If the programs produced include educational
65.28material, the noncommercial radio station must report on these efforts.

65.29    Sec. 6. Laws 2009, chapter 172, article 4, section 9, subdivision 5, is amended to read:
65.30    Subd. 5. Report. The working group must report its findings and recommendations,
65.31including draft legislation, if necessary, to the Indian Affairs Council and the chairs and
65.32ranking minority members of the legislative committees and divisions with jurisdiction
65.33over early childhood through grade 12 education and, higher education, and arts and
66.1cultural heritage policy or finance by February 15, 2011, and again by February 15, 2012.
66.2The committee working group expires on February 16, 2011 2013.

66.3    Sec. 7. ADMINISTRATION ALLOWANCE.
66.4Money appropriated in this article may not be spent on activities unless they are
66.5directly related to and necessary for a specific appropriation. Unless otherwise specified in
66.6this article, an entity that receives money through a direct appropriation or a grant funded
66.7by an appropriation in this article may spend no more than five percent of the money for
66.8administration, indirect costs, and other institutional overhead charges.

66.9ARTICLE 5
66.10GENERAL PROVISIONS; ALL LEGACY FUNDS

66.11    Section 1. Minnesota Statutes 2010, section 3.303, subdivision 10, is amended to read:
66.12    Subd. 10. Constitutionally dedicated funding accountability. (a) The Legislative
66.13Coordinating Commission shall develop and maintain a user-friendly, public-oriented
66.14Web site that informs, educates, and demonstrates to the public how the constitutionally
66.15dedicated funds in the arts and cultural heritage fund, outdoor heritage fund, clean water
66.16fund, parks and trails fund, and environment and natural resources trust fund are being
66.17expended to meet the requirements established for each fund in the state constitution.
66.18Information provided on the Web site must include, but is not limited to:
66.19(1) information on all project proposals received by the Outdoor Heritage Council
66.20and the Legislative-Citizen Commission on Minnesota Resources;
66.21(2) information on all projects receiving funding, including:
66.22(i) the name of the project and a project description;
66.23(ii) the name, telephone number, members of the board or equivalent governing
66.24body, and e-mail address of the funding recipient and, when applicable, the Web site
66.25address where the public can directly access detailed information on the recipient's receipt
66.26and use of money for the project;
66.27(iii) the amount and source of funding, including the fiscal year of the appropriation;
66.28(iv) the amount and source of any additional funding or leverage;
66.29(v) the duration of the project;
66.30(vi) the number of full-time equivalents funded under the project;
66.31(vii) the direct expenses and administration costs of the project;
66.32(viii) proposed measurable outcomes and the plan for measuring and evaluating
66.33the results;
67.1(ix) for pass-through, noncompetitive grants, the entity acting as the fiscal agent or
67.2administering agency and a point of contact for additional information; and
67.3(x) for competitive grants, the name, qualifications, and any potential conflict of
67.4interest, as defined under section 97A.056, subdivision 4, paragraph (b), for all board
67.5members or members of an equivalent governing body ultimately responsible for awarding
67.6the grants, as well as any grantmaking advisory group.
67.7For the purposes of this clause, "full-time equivalent" means a position directly
67.8attributed to the receipt of money from one or more of the funds covered under this
67.9section, calculated as the total number of hours planned for the position divided by 2,088;
67.10(3) actual measured outcomes and evaluation of projects as required under sections
67.1185.53 , subdivision 2; 114D.50, subdivision 2 114D.50, subdivision 4; and 129D.17,
67.12subdivision 2;
67.13(4) education about the areas and issues the projects address, including, when
67.14feasible, maps of where projects have been undertaken;
67.15(5) all frameworks developed for future uses of each fund; and
67.16(6) methods by which members of the public may apply for project funds under
67.17any of the constitutionally dedicated funds.
67.18(b) As soon as practicable or by the deadline specified in the enabling legislation,
67.19whichever comes first, a state agency or other recipient of a direct appropriation from a
67.20fund covered under this section shall submit the information required under paragraph (a)
67.21and, when applicable, compile and submit the same information for any grant recipient
67.22or other subrecipient of funding. All information for proposed and funded projects,
67.23including the proposed measurable outcomes, must be made available on the Web site
67.24as soon as practicable. Information on the measured outcomes and evaluation must be
67.25posted as soon as it becomes available. The costs of these activities shall be paid out of
67.26the arts and cultural heritage fund, outdoor heritage fund, clean water fund, parks and
67.27trails fund, and the environment and natural resources trust fund proportionately. For
67.28purposes of this section, "measurable outcomes" means outcomes, indicators, or other
67.29performance measures that may be quantified or otherwise measured in order to measure
67.30the effectiveness of a project or program in meeting its intended goal or purpose.
67.31(c) The Legislative Coordinating Commission shall be responsible for receiving all
67.32ten-year plans and 25-year frameworks for each of the constitutionally dedicated funds. To
67.33the extent practicable, staff for the commission shall provide assistance and oversight to
67.34these planning efforts and shall coordinate public access to hearings and public meetings
67.35for all planning efforts.

68.1    Sec. 2. Minnesota Statutes 2010, section 85.53, subdivision 2, is amended to read:
68.2    Subd. 2. Expenditures; accountability. (a) A project or program receiving funding
68.3from the parks and trails fund must meet or exceed the constitutional requirement to
68.4support parks and trails of regional or statewide significance. A project or program
68.5receiving funding from the parks and trails fund must include measurable outcomes, as
68.6defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the
68.7results. A project or program must be consistent with current science and incorporate
68.8state-of-the-art technology, except when the project or program is a portrayal or restoration
68.9of historical significance.
68.10(b) Money from the parks and trails fund shall be expended to balance the benefits
68.11across all regions and residents of the state.
68.12(c) All A state agency or other recipient of a direct appropriation from the parks and
68.13trails fund must compile and submit all information for funded projects or programs,
68.14including the proposed measurable outcomes and all other items required under section
68.153.303, subdivision 10, must be made available on to the Legislative Coordinating
68.16Commission as soon as practicable or by the deadline specified in the enabling law,
68.17whichever comes first. The Legislative Coordinating Commission must post submitted
68.18information on the Web site required under section 3.303, subdivision 10, as soon as
68.19practicable. Information on the measured outcomes and evaluation must be posted as soon
68.20as it becomes available.
68.21(d) Grants funded by the parks and trails fund must be implemented according to
68.22section 16B.98 and must account for all expenditures. Proposals must specify a process
68.23for any regranting envisioned. Priority for grant proposals must be given to proposals
68.24involving grants that will be competitively awarded.
68.25(e) Money from the parks and trails fund may only be spent on projects located
68.26in Minnesota.
68.27(f) A state agency or other recipient of money from the parks and trails fund shall,
68.28when applicable, prominently display on the state agency's or other recipient's Web site
68.29home page a link to the Legislative Coordinating Commission Web site required under
68.30section 3.303, subdivision 10. The link must include, and may consist entirely of, the
68.31legacy logo required under Laws 2010, article 3, section 5.
68.32(g) Future eligibility for money from the parks and trails fund is contingent upon a
68.33state agency or other recipient satisfying all applicable requirements in this section, as
68.34well as any additional requirements contained in applicable session law.

69.1    Sec. 3. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
69.2to read:
69.3    Subd. 12. Recipient requirements. (a) A state agency or other recipient of a direct
69.4appropriation from the outdoor heritage fund must compile and submit all information
69.5for funded projects or programs, including the proposed measurable outcomes and all
69.6other items required under section 3.303, subdivision 10, to the Legislative Coordinating
69.7Commission as soon as practicable or by the deadline specified in the enabling law,
69.8whichever comes first. The Legislative Coordinating Commission must post submitted
69.9information on the Web site required under section 3.303, subdivision 10, as soon as it
69.10becomes available.
69.11(b) A state agency or other recipient of money from the outdoor heritage fund shall,
69.12when applicable, prominently display on the state agency's or other recipient's Web site
69.13home page a link to the Legislative Coordinating Commission Web site required under
69.14section 3.303, subdivision 10. The link must include, and may consist entirely of, the
69.15legacy logo required under Laws 2010, article 3, section 5.
69.16(c) Future eligibility for money from the outdoor heritage fund is contingent upon a
69.17state agency or other recipient satisfying all applicable requirements in this section, as
69.18well as any additional requirements contained in applicable session law.

69.19    Sec. 4. Minnesota Statutes 2010, section 114D.50, subdivision 4, is amended to read:
69.20    Subd. 4. Expenditures; accountability. (a) A project receiving funding from the
69.21clean water fund must meet or exceed the constitutional requirements to protect, enhance,
69.22and restore water quality in lakes, rivers, and streams and to protect groundwater and
69.23drinking water from degradation. Priority may be given to projects that meet more than
69.24one of these requirements. A project receiving funding from the clean water fund shall
69.25include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for
69.26measuring and evaluating the results. A project must be consistent with current science
69.27and incorporate state-of-the-art technology.
69.28(b) Money from the clean water fund shall be expended to balance the benefits
69.29across all regions and residents of the state.
69.30(c) All A state agency or other recipient of a direct appropriation from the clean
69.31water fund must compile and submit all information for proposed and funded projects
69.32or programs, including the proposed measurable outcomes and all other items required
69.33under section 3.303, subdivision 10, must be made available on the Web site required
69.34under section 3.303, subdivision 10, to the Legislative Coordinating Commission as soon
69.35as practicable or by the deadline specified in the enabling law, whichever comes first.
70.1Information on the measured outcomes and evaluation must be posted The Legislative
70.2Coordinating Commission must post submitted information on the Web site required under
70.3section 3.303, subdivision 10, as soon as it becomes available. Information classified
70.4as not public under section 13D.05, subdivision 3, paragraph (d), is not required to be
70.5placed on the Web site.
70.6(d) Grants funded by the clean water fund must be implemented according to section
70.716B.98 and must account for all expenditures. Proposals must specify a process for any
70.8regranting envisioned. Priority for grant proposals must be given to proposals involving
70.9grants that will be competitively awarded.
70.10(e) Money from the clean water fund may only be spent on projects that benefit
70.11Minnesota waters.
70.12(f) A state agency or other recipient of money from the clean water fund shall, when
70.13applicable, prominently display on the state agency's or other recipient's Web site home
70.14page a link to the Legislative Coordinating Commission Web site required under section
70.153.303, subdivision 10. The link must include, and may consist entirely of, the legacy logo
70.16required under Laws 2010, article 3, section 5.
70.17(g) Future eligibility for money from the clean water fund is contingent upon a state
70.18agency or other recipient satisfying all applicable requirements in this section, as well as
70.19any additional requirements contained in applicable session law.

70.20    Sec. 5. Minnesota Statutes 2010, section 129D.17, subdivision 2, is amended to read:
70.21    Subd. 2. Expenditures; accountability. (a) Funding from the arts and cultural
70.22heritage fund may be spent only for arts, arts education, and arts access, and to preserve
70.23Minnesota's history and cultural heritage. A project or program receiving funding from
70.24the arts and cultural heritage fund must include measurable outcomes, and a plan for
70.25measuring and evaluating the results. A project or program must be consistent with current
70.26scholarship, or best practices, when appropriate and must incorporate state-of-the-art
70.27technology when appropriate.
70.28(b) Funding from the arts and cultural heritage fund may be granted for an entire
70.29project or for part of a project so long as the recipient provides a description and cost for
70.30the entire project and can demonstrate that it has adequate resources to ensure that the
70.31entire project will be completed.
70.32(c) Money from the arts and cultural heritage fund shall be expended for benefits
70.33across all regions and residents of the state.
70.34(d) All A state agency or other recipient of a direct appropriation from the arts and
70.35cultural heritage fund must compile and submit all information for funded projects or
71.1programs, including the proposed measurable outcomes and all other items required under
71.2section 3.303, subdivision 10, must be made available on to the Legislative Coordinating
71.3Commission Web site, as soon as practicable or by the deadline specified in the enabling
71.4law, whichever comes first. Information on the measured outcomes and evaluation must
71.5be posted The Legislative Coordinating Commission must post submitted information on
71.6the Web site required under section 3.303, subdivision 10, as soon as it becomes available.
71.7(e) Grants funded by the arts and cultural heritage fund must be implemented
71.8according to section 16B.98 and must account for all expenditures of funds. Priority for
71.9grant proposals must be given to proposals involving grants that will be competitively
71.10awarded.
71.11(f) All money from the arts and cultural heritage fund must be for projects located
71.12in Minnesota.
71.13(g) A state agency or other recipient of money from the arts and cultural heritage
71.14fund shall, when applicable, prominently display on the state agency's or other recipient's
71.15Web site home page a link to the Legislative Coordinating Commission Web site required
71.16under section 3.303, subdivision 10. The link must include, and may consist entirely of,
71.17the legacy logo required under Laws 2010, article 3, section 5.
71.18(h) Future eligibility for money from the arts and cultural heritage fund is contingent
71.19upon a state agency or other recipient satisfying all applicable requirements in this section,
71.20as well as any additional requirements contained in applicable session law.

71.21    Sec. 6. APPLICABILITY.
71.22The provisions in sections 7 to 9 apply to any appropriation for fiscal year 2012 or
71.232013 from a legacy fund. For the purposes of sections 7 to 9, "legacy fund" means the
71.24outdoor heritage fund, the clean water fund, the parks and trails fund, or the arts and
71.25cultural heritage fund

71.26    Sec. 7. GENERAL PROVISIONS.
71.27    Subdivision. 1. Grants. Grants funded by a legacy fund must be implemented
71.28according to Minnesota Statutes, section 16B.98, and the responsible entity must account
71.29for all expenditures of funds.
71.30    Subd. 2. Constitution. A recipient of money from a legacy fund must comply with
71.31Minnesota Constitution, article XI, section 15, and may not substitute money received
71.32from a legacy fund for a traditional source of funding.

72.1    Sec. 8. LEGACY FUNDS RECIPIENT REPORT.
72.2(a) A state agency or other recipient of a direct appropriation from a legacy fund
72.3shall submit a report to the legislative reference library as provided under section 3.195,
72.4and to the Legislative Coordinating Commission that contains all of the information
72.5required under Minnesota Statutes, section 3.303, subdivision 10.
72.6(b) A state agency or other recipient of a direct appropriation from a legacy fund
72.7must submit a report containing all available and required information by January 15,
72.82012, for appropriations in fiscal year 2012, and January 15, 2013, for appropriations in
72.9fiscal year 2013. If the nature of a funded project is such that all required information is
72.10not yet available by the applicable reporting deadline, a state agency or other recipient of a
72.11direct appropriation must submit any additional information required under Minnesota
72.12Statutes, section 3.303, subdivision 10, as soon as practicable.

72.13    Sec. 9. IN THE EVENT OF A LAWSUIT.
72.14(a) An appropriation or portion of an appropriation from a legacy fund is canceled to
72.15the extent that a court determines that the appropriation unconstitutionally substitutes for
72.16a traditional source of funding.
72.17(b) Any grant contract or similar agreement that awards money from a legacy fund
72.18must contain the information in paragraph (a)."
72.19Delete the title and insert:
72.20"A bill for an act
72.21relating to state government; appropriating money from the outdoor heritage
72.22fund, clean water fund, parks and trails fund, and arts and cultural heritage
72.23fund; modifying certain outdoor heritage provisions; establishing accounts;
72.24modifying the Clean Water Legacy Act; revising membership and duties of the
72.25Clean Water Council; providing appointments; establishing reporting and other
72.26requirements for legacy fund recipients;amending Minnesota Statutes 2010,
72.27sections 3.303, subdivision 10; 85.53, subdivision 2; 97A.056, subdivision 2,
72.28by adding subdivisions; 114D.10; 114D.20, subdivisions 1, 2, 3, 6, 7; 114D.30;
72.29114D.35; 114D.50, subdivision 4; 129D.17, subdivision 2; 129D.18, subdivisions
72.303, 4; 129D.19, subdivision 5; Laws 2009, chapter 172, article 1, section 2,
72.31subdivision 3; article 4, section 9, subdivision 5; proposing coding for new law
72.32in Minnesota Statutes, chapter 84; repealing Minnesota Statutes 2010, sections
72.3384.02, subdivisions 1, 2, 3, 4, 5, 6, 7, 8; 114D.45."