Bill Text: MN HF471 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Outdoor heritage fund money appropriated and provisions modified.
Sponsorship: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2011-02-14 - Referred by Chair to Legacy Funding Division [HF471 Detail]
Download: Minnesota-2011-HF471-Introduced.html
1.2relating to natural resources; appropriating money from the outdoor heritage
1.3fund; modifying certain outdoor heritage provisions;amending Minnesota
1.4Statutes 2010, section 97A.056, subdivision 2, by adding a subdivision; Laws
1.52009, chapter 172, article 1, section 2, subdivision 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8The sums shown in the columns marked "Appropriations" are appropriated to the
1.9agencies and for the purposes specified in this act. The appropriations are from the
1.10outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
1.11figures "2012" and "2013" used in this act mean that the appropriations listed under them
1.12are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The
1.13first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" is
1.14fiscal years 2012 and 2013. The appropriations in this act are onetime.
1.21This appropriation is from the outdoor
1.22heritage fund. The amounts that may be
1.23spent for each purpose are specified in the
1.24following subdivisions.
2.2(a) Wildlife Management Area, Scientific
2.3and Natural Areas, and Prairie Bank
2.4Easement Acquisition - Phase III
2.5$3,931,000 the first year is to the
2.6commissioner of natural resources to:
2.7(1) acquire land in fee for wildlife
2.8management area purposes under Minnesota
2.9Statutes, sections 86A.05, subdivision 8, and
2.1097A.145;
2.11(2) acquire land in fee for scientific and
2.12natural area purposes under Minnesota
2.13Statutes, sections 84.033 and 86A.05,
2.14subdivision 5; and
2.15(3) acquire native prairie bank easements
2.16under Minnesota Statutes, section 84.96.
2.17A list of proposed land or permanent
2.18conservation easement acquisitions must
2.19be provided as part of the required
2.20accomplishment plan. The accomplishment
2.21plan must include an easement monitoring
2.22and enforcement plan. Money appropriated
2.23from the outdoor heritage fund for easement
2.24acquisition may be used to establish a
2.25monitoring and enforcement fund as
2.26approved in the accomplishment plan,
2.27and subject to subdivision 15. An annual
2.28financial report is required for any monitoring
2.29and enforcement fund established, including
2.30expenditures from the fund.
2.31(b) Accelerated Prairie Restoration and
2.32Enhancement on DNR Lands - Phase III
2.33$1,652,000 the first year is to the
2.34commissioner of natural resources to
3.1accelerate the restoration and enhancement
3.2on wildlife management areas, scientific
3.3and natural areas, and land under native
3.4prairie bank easements. All restorations must
3.5comply with subdivision 9, paragraph (b).
3.6(c) Minnesota Buffers for Wildlife and
3.7Water
3.8$2,249,000 the first year is to the Board of
3.9Water and Soil Resources in cooperation
3.10with Pheasants Forever to acquire permanent
3.11conservation easements to enhance habitat
3.12by expanding riparian wildlife buffers on
3.13private land. A list of proposed easement
3.14acquisitions must be provided as part of
3.15the required accomplishment plan. The
3.16accomplishment plan must include an
3.17easement monitoring and enforcement
3.18plan. Money appropriated from the outdoor
3.19heritage fund for easement acquisition
3.20may be used to establish a monitoring
3.21and enforcement fund as approved in
3.22the accomplishment plan and subject to
3.23subdivision 15. An annual financial report is
3.24required for any monitoring and enforcement
3.25fund established, including expenditures
3.26from the fund.
3.27(d) Northern Tallgrass Prairie National
3.28Wildlife Refuge Land Acquisition - Phase
3.29III
3.30$1,720,000 the first year is to the
3.31commissioner of natural resources for an
3.32agreement with The Nature Conservancy
3.33to acquire land or permanent easements
3.34within the Northern Tallgrass Prairie Habitat
3.35Preservation Area in western Minnesota for
4.1addition to the Northern Tallgrass Prairie
4.2National Wildlife Refuge. A list of proposed
4.3land acquisitions must be provided as part
4.4of the required accomplishment plan. The
4.5accomplishment plan must include an
4.6easement monitoring and enforcement plan.
4.7(e) Minnesota Prairie Recovery Project -
4.8Phase II
4.9$4,500,000 the first year is to the
4.10commissioner of natural resources for an
4.11agreement with The Nature Conservancy to
4.12acquire native prairie and savanna and restore
4.13and enhance grasslands and savanna. A list of
4.14proposed land acquisitions must be provided
4.15as part of the required accomplishment plan.
4.16Acquisitions, restorations, and enhancements
4.17must be within the two existing and two
4.18additional pilot focus areas contained in
4.19the accomplishment plan. Annual income
4.20statements and balance sheets for income
4.21and expenses from land acquired with
4.22appropriations from the outdoor heritage
4.23fund must be submitted to the Lessard-Sams
4.24Outdoor Heritage Council. All restorations
4.25must comply with subdivision 9, paragraph
4.26(b).
4.27(f) Cannon River Headwaters Habitat
4.28Complex - Phase I
4.29$1,533,000 the first year is to the
4.30commissioner of natural resources for an
4.31agreement with The Trust for Public Land
4.32to acquire and restore lands in the Cannon
4.33River watershed for wildlife management
4.34area purposes under Minnesota Statutes,
4.35section 86A.05, subdivision 8, or aquatic
5.1management areas under Minnesota Statutes,
5.2sections 86A.05, subdivision 14, and
5.397C.02. A list of proposed land acquisitions
5.4must be provided as part of the required
5.5accomplishment plan. All restorations must
5.6comply with subdivision 9, paragraph (b).
5.7(g) Accelerating the Wildlife Management
5.8Area Program - Phase III
5.9$5,500,000 the first year is to the
5.10commissioner of natural resources for an
5.11agreement with Pheasants Forever to acquire
5.12prairie and other habitat areas for wildlife
5.13management area purposes under Minnesota
5.14Statutes, section 86A.05, subdivision
5.158. A list of proposed land acquisitions
5.16must be provided as part of the required
5.17accomplishment plan.
5.18(h) Accelerating the Waterfowl Production
5.19Area Program - Phase III
5.20$9,815,000 the first year is to the
5.21commissioner of natural resources for
5.22an agreement with Pheasants Forever to
5.23accelerate the acquisition of wetlands and
5.24grasslands to be added to the waterfowl
5.25production area system in Minnesota in
5.26cooperation with the United States Fish and
5.27Wildlife Service. A list of proposed land
5.28acquisitions must be provided as part of the
5.29required accomplishment plan.
5.30(i) The Green Corridor Legacy Program -
5.31Phase III
5.32$1,771,000 the first year is to the
5.33commissioner of natural resources for
5.34an agreement with the Redwood Area
5.35Development Corporation to acquire land
6.1for wildlife management area purposes
6.2under Minnesota Statutes, section 86A.05,
6.3subdivision 8, or aquatic management areas
6.4under Minnesota Statutes, sections 86A.05,
6.5subdivision 14, and 97C.02. A list of
6.6proposed land acquisitions must be provided
6.7as part of the required accomplishment plan.
6.9(a) Minnesota Forests for the Future -
6.10Phase III
6.11$5,409,000 the first year is to the
6.12commissioner of natural resources to
6.13acquire forest and wetland habitat through
6.14working forest easements and fee acquisition
6.15under the Minnesota forests for the future
6.16program pursuant to Minnesota Statutes,
6.17section 84.66. A conservation easement
6.18acquired with money appropriated under this
6.19paragraph must comply with subdivision
6.2013. A list of proposed land acquisitions
6.21must be provided as part of the required
6.22accomplishment plan. The accomplishment
6.23plan must include an easement monitoring
6.24and enforcement plan. Money appropriated
6.25from the outdoor heritage fund for easement
6.26acquisition may be used to establish a
6.27monitoring and enforcement fund as
6.28approved in the accomplishment plan
6.29and subject to subdivision 15. An annual
6.30financial report is required for any monitoring
6.31and enforcement fund established, including
6.32expenditures from the fund.
6.33(b) LaSalle Lake: Protecting Critical
6.34Mississippi Headwaters Habitat
7.1$4,632,000 the first year is to the
7.2commissioner of natural resources for an
7.3agreement with The Trust for Public Land
7.4to acquire land adjacent to LaSalle Lake in
7.5Hubbard County. A list of proposed land
7.6acquisitions must be provided as part of
7.7the required accomplishment plan. If the
7.8acquisition is not completed by July 15,
7.92012, or if a balance remains after acquisition
7.10of land, the money under this paragraph is
7.11available for acquisition under subdivision
7.122, paragraph (a).
7.13(c) Accelerated Forest Habitat
7.14Enhancement - Phase II
7.15$826,000 the first year is to the commissioner
7.16of natural resources to restore and enhance
7.17lands in state forests, pursuant to Minnesota
7.18Statutes, 89.021. All restorations must
7.19comply with subdivision 9, paragraph (b).
7.20(d) Northeastern Minnesota Sharp-Tailed
7.21Grouse Habitat Partnership - Phase II
7.22$988,000 the first year is to the commissioner
7.23of natural resources for an agreement with
7.24Pheasants Forever in cooperation with the
7.25Minnesota Sharp-Tailed Grouse Society
7.26to acquire and enhance lands for wildlife
7.27management area purposes under Minnesota
7.28Statutes, section 86A.05, subdivision
7.298. A list of proposed land acquisitions
7.30must be provided as part of the required
7.31accomplishment plan.
7.32(e) Lower Mississippi River Habitat
7.33Partnership - Phase II
7.34$707,000 the first year is to the commissioner
7.35of natural resources to acquire and enhance
8.1habitat in the lower Root River and
8.2lower Zumbro River watersheds, pursuant
8.3to Minnesota Statutes, section 86A.05,
8.4subdivisions 7 and 8. A list of proposed land
8.5acquisitions must be provided as part of the
8.6required accomplishment plan.
8.7(f) Protect Key Forest Habitat Lands in
8.8Cass County - Phase II
8.9$604,000 the first year is to the commissioner
8.10of natural resources for an agreement with
8.11Cass County to acquire land in fee for forest
8.12wildlife habitat. A list of proposed land
8.13acquisitions must be provided as part of the
8.14required accomplishment plan.
8.15(g) State Forest Acquisition
8.16$1,205,000 the first year is to the
8.17commissioner of natural resources to acquire
8.18land in fee and permanent management
8.19access easements for state forests under
8.20Minnesota Statutes, section 86A.05,
8.21subdivision 7. A list of proposed land
8.22acquisitions must be provided as part of the
8.23required accomplishment plan.
8.25(a) Reinvest in Minnesota Wetlands
8.26Reserve Acquisition and Restoration
8.27Program Partnership - Phase III
8.28$13,000,000 the first year is to the Board
8.29of Water and Soil Resources to acquire
8.30permanent conservation easements and
8.31restore wetlands and associated upland
8.32habitat in cooperation with the United States
8.33Department of Agriculture Wetlands Reserve
8.34Program. A list of proposed land acquisitions
9.1must be provided as part of the required
9.2accomplishment plan. All restorations must
9.3comply with subdivision 9, paragraph (b).
9.4The accomplishment plan must include
9.5an easement monitoring and enforcement
9.6plan. Money appropriated from the outdoor
9.7heritage fund for easement acquisition
9.8may be used to establish a monitoring
9.9and enforcement fund as approved in
9.10the accomplishment plan and subject to
9.11subdivision 15. An annual financial report is
9.12required for any monitoring and enforcement
9.13fund established, including expenditures
9.14from the fund and a description of monitoring
9.15and enforcement activities.
9.16(b) Accelerated Shallow Lakes and
9.17Wetlands Restoration and Enhancement -
9.18Phase III
9.19$936,000 the first year is to the commissioner
9.20of natural resources to develop engineering
9.21designs for shallow lakes and wetlands and
9.22restore and enhance shallow lakes.
9.23(c) Shallow Lake Shoreland Protection:
9.24Wild Rice Lakes
9.25$1,891,000 the first year is to the
9.26commissioner of natural resources for an
9.27agreement with Ducks Unlimited and the
9.28Board of Water and Soil Resources to
9.29acquire wild rice lake shoreland habitat in
9.30fee and as permanent conservation easements
9.31as follows: $500,000 to the Department
9.32of Natural Resources; $1,100,000 to the
9.33Board of Water and Soil Resources; and
9.34$291,000 to Ducks Unlimited. A list of
9.35proposed land acquisitions must be provided
10.1as part of the required accomplishment plan.
10.2The accomplishment plan must include
10.3an easement monitoring and enforcement
10.4plan. Money appropriated from the outdoor
10.5heritage fund for easement acquisition
10.6may be used to establish a monitoring
10.7and enforcement fund as approved in
10.8the accomplishment plan and subject to
10.9subdivision 15. An annual financial report is
10.10required for any monitoring and enforcement
10.11fund established, including expenditures
10.12from the fund.
10.14(a) Accelerated Aquatic Management
10.15Area Habitat Program - Phase III
10.16$6,500,000 the first year is to the
10.17commissioner of natural resources to
10.18acquire interests in land in fee or permanent
10.19conservation easements for aquatic
10.20management areas under Minnesota Statutes,
10.21sections 86A.05, subdivision 14, and 97C.02,
10.22to restore and enhance aquatic habitat. A
10.23list of proposed acquisitions and stream and
10.24lake habitat restorations and enhancements
10.25must be provided as part of the required
10.26accomplishment plan. The accomplishment
10.27plan must include an easement monitoring
10.28and enforcement plan. Money appropriated
10.29from the outdoor heritage fund for easement
10.30acquisition may be used to establish a
10.31monitoring and enforcement fund as
10.32approved in the accomplishment plan
10.33and subject to subdivision 15. An annual
10.34financial report is required for any monitoring
11.1and enforcement fund established, including
11.2expenditures from the fund.
11.3(b) Coldwater Fish Habitat Enhancement
11.4Program - Phase III
11.5$1,533,000 the first year is to the
11.6commissioner of natural resources for an
11.7agreement with Minnesota Trout Unlimited.
11.8A list of proposed projects, describing
11.9types and locations of restorations and
11.10enhancements, must be provided as part of
11.11the required accomplishment plan.
11.12(c) Land Addition to the Janet Johnson
11.13Memorial Wildlife Management Area
11.14$577,000 the first year is to the commissioner
11.15of natural resources for an agreement with
11.16Chisago County to acquire land in fee to
11.17be added to the Janet Johnson Memorial
11.18Wildlife Management Area under Minnesota
11.19Statutes, section 86A.05, subdivision
11.208. A list of proposed land acquisitions
11.21must be provided as part of the required
11.22accomplishment plan.
11.23(d) Metro Big Rivers Habitat - Phase II
11.24$5,000,000 the first year is to the
11.25commissioner of natural resources for
11.26agreements to acquire interests in land in
11.27fee or permanent conservation easements
11.28and to restore and enhance natural systems
11.29associated with the Mississippi, Minnesota,
11.30and St. Croix Rivers as follows: $960,000
11.31to the Minnesota Valley National Wildlife
11.32Refuge Trust, Inc.; $150,000 to Great
11.33River Greening; $840,000 to Minnesota
11.34Land Trust; $150,000 to Friends of the
11.35Mississippi River; and $2,900,000 to The
12.1Trust for Public Land. A list of proposed
12.2projects, describing types and locations of
12.3acquisitions, restorations, and enhancements,
12.4must be provided as part of the required
12.5accomplishment plan. The accomplishment
12.6plan must include an easement monitoring
12.7and enforcement plan. All restorations
12.8must comply with subdivision 9, paragraph
12.9(b). Money appropriated from the outdoor
12.10heritage fund for easement acquisition
12.11may be used to establish a monitoring
12.12and enforcement fund as approved in
12.13the accomplishment plan and subject to
12.14subdivision 15. An annual financial report is
12.15required for any monitoring and enforcement
12.16fund established, including expenditures
12.17from the fund.
12.18(e) Protecting Sensitive Shorelands in
12.19North Central Minnesota
12.20$1,098,000 the first year is to the
12.21commissioner of natural resources for
12.22agreements with the Leech Lake Watershed
12.23Foundation and the Minnesota Land Trust
12.24as follows: $339,000 to the Leech Lake
12.25Watershed Foundation; $741,000 to the
12.26Minnesota Land Trust; and $18,000 to the
12.27Department of Natural Resources to pay for
12.28acquisition-related expenses and monitoring
12.29costs of donated permanent conservation
12.30easements on sensitive shorelands in north
12.31central Minnesota. A list of proposed land
12.32acquisitions must be provided as part of
12.33the required accomplishment plan. The
12.34accomplishment plan must include an
12.35easement monitoring and enforcement
12.36plan. Money appropriated from the outdoor
13.1heritage fund for easement acquisition
13.2may be used to establish a monitoring
13.3and enforcement fund as approved in
13.4the accomplishment plan and subject to
13.5subdivision 15. An annual financial report is
13.6required for any monitoring and enforcement
13.7fund established, including expenditures
13.8from the fund.
13.9(f) Restoring Native Habitat and Water
13.10Quality to Shell Rock River - Phase II
13.11$2,577,000 the first year is to the
13.12commissioner of natural resources for an
13.13agreement with the Shell Lake Watershed
13.14District to acquire land in fee at the
13.15headwaters of the Shell Rock River for
13.16aquatic management area purposes under
13.17Minnesota Statutes, sections 86A.05,
13.18subdivision 14, and 97C.02, to restore
13.19and enhance aquatic habitat. The leases
13.20for gravel mining existing at the time of
13.21acquisition may not be extended and all gross
13.22income generated from mining operations
13.23must be transferred to the commissioner of
13.24management and budget and credited to the
13.25outdoor heritage fund. A list of proposed
13.26land acquisitions must be provided as part of
13.27the required accomplishment plan.
13.28(g) Outdoor Heritage Conservation
13.29Partners Grant Program - Phase III
13.30$5,629,000 the first year is to the
13.31commissioner of natural resources for a
13.32program to provide competitive, matching
13.33grants of up to $400,000 to local, regional,
13.34state, and national organizations for
13.35enhancement, restoration, or protection of
14.1forests, wetlands, prairies, and habitat for
14.2fish, game, or wildlife in Minnesota. Grants
14.3shall not be made for activities required to
14.4fulfill the duties of owners of lands subject
14.5to conservation easements. Grants shall
14.6not be made from appropriations in this
14.7paragraph for projects that have a total
14.8project cost exceeding $475,000. $319,000
14.9of this appropriation may be spent for
14.10personnel costs and other administrative
14.11costs. Grantees may acquire land or interests
14.12in land. Easements must be permanent.
14.13Land acquired in fee must be open to
14.14hunting and fishing during the open season
14.15unless otherwise provided by state law. The
14.16program shall require a match of at least ten
14.17percent from nonstate sources for grants of
14.18$100,000 or less and a match of at least 15
14.19percent from nonstate sources for grants over
14.20$100,000. Up to one-third of the match may
14.21be in-kind resources. For grant applications
14.22of $25,000 or less, the commissioner shall
14.23provide a separate, simplified application
14.24process. The criteria for evaluating grant
14.25applications over $25,000 must include the
14.26amount of habitat restored, enhanced, or
14.27protected; local support; encouragement
14.28of a local conservation culture; urgency;
14.29capacity to achieve multiple benefits;
14.30habitat benefits provided; consistency with
14.31current conservation science; adjacency
14.32to protected lands; full funding of the
14.33project; supplementing existing funding;
14.34public access for hunting and fishing during
14.35the open season; sustainability; degree
14.36of collaboration; and use of native plant
15.1materials. All projects must conform to
15.2the Minnesota statewide conservation and
15.3preservation plan. Wildlife habitat projects
15.4must also conform to the Minnesota wildlife
15.5action plan. Subject to the evaluation
15.6criteria and requirements of this paragraph
15.7and Minnesota Statutes, the commissioner
15.8of natural resources shall give priority to
15.9organizations that have a history of receiving
15.10or charter to receive private contributions
15.11for local conservation or habitat projects
15.12when evaluating projects of equal value. If
15.13acquiring land or a conservation easement,
15.14priority shall be given to projects associated
15.15with existing wildlife management areas
15.16under Minnesota Statutes, section 86A.05,
15.17subdivision 8; scientific and natural areas
15.18under Minnesota Statutes, sections 84.033
15.19and 86A.05, subdivision 5; and aquatic
15.20management areas under Minnesota Statutes,
15.21sections 86A.05, subdivision 14, and 97C.02.
15.22All restoration or enhancement projects
15.23must be on land permanently protected by a
15.24conservation easement or public ownership
15.25or in public waters as defined in Minnesota
15.26Statutes, section 103G.005, subdivision
15.2715. Priority shall be given to restoration
15.28and enhancement projects on public lands.
15.29Subdivision 9 applies to grants awarded
15.30under this paragraph. All restorations must
15.31comply with subdivision 9, paragraph (b).
15.32This appropriation is available until June
15.3330, 2015. No less than five percent of the
15.34amount of each grant must be held back from
15.35reimbursement until the grant recipient has
15.36completed a grant accomplishment report by
16.1the deadline and in the form prescribed by
16.2and satisfactory to the Lessard-Sams Outdoor
16.3Heritage Council. The commissioner shall
16.4provide notice of the grant program in the
16.52011 game and fish law summaries that are
16.6prepared under Minnesota Statutes, section
16.797A.051, subdivision 2.
16.9(a) Contract Management
16.10$175,000 the first year is to the Legislative
16.11Coordinating Commission to contract with
16.12the commissioner of natural resources for
16.13expenses incurred for contract fiscal services
16.14for the agreements specified in this section.
16.15The contract management services must be
16.16done on a reimbursement basis.
16.17(b) Legislative Coordinating Commission
16.18$471,000 the first year and $471,000
16.19the second year are to the Legislative
16.20Coordinating Commission for two years of
16.21administrative expenses of the Lessard-Sams
16.22Outdoor Heritage Council and for two years
16.23of compensation and expense reimbursement
16.24of council members.
16.25(c) Technical Assistance Panel
16.26$42,000 the first year is to the commissioner
16.27of natural resources for a technical assistance
16.28panel to conduct up to ten restoration audits
16.29under Minnesota Statutes, section 97A.056,
16.30subdivision 10.
16.32Money appropriated in this section may
16.33not be spent on activities unless they are
16.34directly related to and necessary for a
17.1specific appropriation and are specified in the
17.2accomplishment plan. Money appropriated
17.3in this section must not be spent on indirect
17.4costs or other institutional overhead charges.
17.5Unless otherwise provided, the amounts
17.6in this section are available until June 30,
17.72014, when projects must be completed and
17.8final accomplishments reported. Funds for
17.9restoration or enhancement are available
17.10until June 30, 2016, or four years after
17.11acquisition, whichever is later, in order to
17.12complete restoration or enhancement work.
17.13If a project receives federal funds, the time
17.14period of the appropriation is extended to
17.15equal the availability of federal funding.
17.16Funds appropriated for fee title acquisition
17.17of land may be used to restore, enhance, and
17.18provide for the public use of land acquired
17.19with the appropriation. Public use facilities
17.20must have a minimal impact on habitat on
17.21acquired lands.
17.23It is a condition of acceptance of the
17.24appropriations made under this section that
17.25the agency or entity using the appropriation
17.26submit to the Lessard-Sams Outdoor
17.27Heritage Council an accomplishment plan
17.28and periodic accomplishment reports in
17.29the form determined by the council. The
17.30accomplishment plan must identify the
17.31project manager responsible for expending
17.32the appropriation and the final product. The
17.33accomplishment plan must account for the
17.34use of the appropriation and outcomes of
17.35the expenditure in measures of wetlands,
17.36prairies, forests, and fish, game, and wildlife
18.1habitat restored, protected, and enhanced.
18.2The plan must include an evaluation of
18.3results. None of the money provided in this
18.4section may be expended unless the council
18.5has approved the pertinent accomplishment
18.6plan.
18.8(a) As a condition of accepting an
18.9appropriation made under this section, an
18.10agency or entity receiving an appropriation
18.11must comply with this subdivision for any
18.12project funded in whole or in part with funds
18.13from the appropriation.
18.14(b) To the extent possible, a person
18.15conducting restoration with money
18.16appropriated under this section must plant
18.17vegetation or sow seed only of ecotypes
18.18native to Minnesota, and preferably of the
18.19local ecotype, using a high diversity of
18.20species originating from as close to the
18.21restoration site as possible and must protect
18.22existing native prairies, grasslands, forests,
18.23wetlands, and other aquatic systems from
18.24genetic contamination.
18.25(c) All conservation easements acquired with
18.26money appropriated under this section must:
18.27(1) be permanent; (2) specify the parties to
18.28the easement; (3) specify all of the provisions
18.29of an agreement that are permanent; (4)
18.30specify the habitat types and location
18.31being protected; (5) where appropriate for
18.32conservation or water protection outcomes,
18.33require the grantor to employ practices
18.34retaining water on the eased land as long as
18.35practicable; (6) specify the responsibilities
19.1of the parties for habitat enhancement and
19.2restoration and the associated costs of these
19.3activities; (7) be sent to the office of the
19.4Lessard-Sams Outdoor Heritage Council; (8)
19.5include a long-term stewardship plan and
19.6identify the sources and amount of funding
19.7for monitoring and enforcing the easement
19.8agreement; and (9) identify the parties
19.9responsible for monitoring and enforcing the
19.10easement agreement.
19.11(d) For all restorations, a recipient must
19.12prepare and retain an ecological restoration
19.13and management plan that, to the degree
19.14practicable, is consistent with current
19.15conservation science and ecological goals
19.16for the restoration site. Consideration should
19.17be given to soil, geology, topography, and
19.18other relevant factors that would provide
19.19the best chance for long-term success and
19.20durability of the restoration projects. The
19.21plan must include the proposed timetable for
19.22implementing the restoration, including, but
19.23not limited to, site preparation, establishment
19.24of diverse plant species, maintenance, and
19.25additional enhancement to establish the
19.26restoration; identify long-term maintenance
19.27and management needs of the restoration
19.28and how the maintenance, management,
19.29and enhancement will be financed; and use
19.30current conservation science to achieve the
19.31best restoration.
19.32(e) For new lands acquired, a recipient
19.33must prepare a restoration and management
19.34plan in compliance with paragraph (d),
19.35including identification of sufficient funding
19.36for implementation.
20.1(f) To ensure public accountability for the
20.2use of public funds, a recipient must provide
20.3to the Lessard-Sams Outdoor Heritage
20.4Council documentation of the process
20.5used to select parcels acquired in fee or as
20.6permanent conservation easements and must
20.7provide the council with documentation
20.8of all related transaction costs, including,
20.9but not limited to, appraisals, legal fees,
20.10recording fees, commissions, other similar
20.11costs, and donations. This information
20.12must be provided for all parties involved
20.13in the transaction. The recipient must
20.14also report to the Lessard-Sams Outdoor
20.15Heritage Council any difference between the
20.16acquisition amount paid to the seller and the
20.17state-certified or state-reviewed appraisal, if
20.18a state-certified or state-reviewed appraisal
20.19was conducted. Acquisition data such
20.20as appraisals may remain private during
20.21negotiations but must ultimately be made
20.22public according to Minnesota Statutes,
20.23chapter 13.
20.24(g) Except as otherwise provided in this
20.25section, all restoration and enhancement
20.26projects funded with money appropriated
20.27under this section must be on land
20.28permanently protected by a conservation
20.29easement or public ownership or in public
20.30waters as defined in Minnesota Statutes,
20.31section 103G.005, subdivision 15.
20.32(h) To the extent an appropriation is used to
20.33acquire an interest in real property, a recipient
20.34of an appropriation under this section must
20.35provide to the Lessard-Sams Outdoor
20.36Heritage Council and the commissioner
21.1of management and budget an analysis of
21.2increased operations and maintenance costs
21.3likely to be incurred by public entities as
21.4a result of the acquisition and of how these
21.5costs are to be paid.
21.6(i) A recipient of money from an
21.7appropriation under this section must give
21.8consideration to and make timely written
21.9contact with Conservation Corps Minnesota
21.10for possible use of the corps' services to
21.11contract for restoration and enhancement
21.12services. A copy of the written contact
21.13must be filed with the Lessard-Sams
21.14Outdoor Heritage Council within 15 days of
21.15execution.
21.16(j) A recipient of money under this section
21.17must erect signage according to Laws 2009,
21.18chapter 172, article 5, section 10.
21.21All agreements, grants, or contracts referred
21.22to in this section must be administered on
21.23a reimbursement basis unless otherwise
21.24provided in this section. Notwithstanding
21.25Minnesota Statutes, section 16A.41,
21.26expenditures directly related to each
21.27appropriation's purpose made on or after July
21.281, 2011, are eligible for reimbursement unless
21.29otherwise provided in this section. Periodic
21.30reimbursement must be made upon receiving
21.31documentation that the deliverable items
21.32articulated in the approved accomplishment
21.33plan have been achieved, including partial
21.34achievements as evidenced by approved
21.35progress reports. Reasonable amounts may
21.36be advanced to projects to accommodate
22.1cash flow needs, support future management
22.2of acquired lands, or match a federal share.
22.3The advances must be approved as part of
22.4the accomplishment plan. Capital equipment
22.5expenditures for specific items in excess of
22.6$10,000 must be itemized in and approved as
22.7part of the accomplishment plan.
22.10A political subdivision, public or private
22.11corporation, or other entity that receives an
22.12appropriation under this section must use the
22.13appropriation in compliance with Minnesota
22.14Statutes, sections 16B.121, regarding
22.15purchase of recycled, repairable, and durable
22.16materials, and 16B.122, regarding purchase
22.17and use of paper stock and printing.
22.19Structural and nonstructural facilities must
22.20meet the design standards in the Americans
22.21with Disabilities Act (ADA) accessibility
22.22guidelines.
22.24(a) An interest in real property, including, but
22.25not limited to, an easement or fee title that
22.26is acquired with money appropriated under
22.27this section must be used in perpetuity or for
22.28the specific term of an easement interest for
22.29the purpose for which the appropriation was
22.30made.
22.31(b) A recipient of funding who acquires
22.32an interest in real property subject to this
22.33subdivision may not alter the intended use
22.34of the interest in real property or convey
22.35any interest in the real property acquired
23.1with the appropriation without the prior
23.2review and approval of the Lessard-Sams
23.3Outdoor Heritage Council or its successor.
23.4The council shall notify the chairs and
23.5ranking minority members of the legislative
23.6committees and divisions with jurisdiction
23.7over the outdoor heritage fund at least 15
23.8business days before approval under this
23.9paragraph. The council shall establish
23.10procedures to review requests from recipients
23.11to alter the use of or convey an interest in
23.12real property. These procedures shall allow
23.13for the replacement of the interest in real
23.14property with another interest in real property
23.15meeting the following criteria: (1) the
23.16interest must be at least equal in fair market
23.17value, as certified by the commissioner
23.18of natural resources, to the interest being
23.19replaced; and (2) the interest must be in a
23.20reasonably equivalent location and have a
23.21reasonably equivalent useful conservation
23.22purpose compared to the interest being
23.23replaced, taking into consideration all effects
23.24from fragmentation of the whole habitat.
23.25(c) A recipient of funding who acquires an
23.26interest in real property under paragraph
23.27(a) must separately record a notice of
23.28funding restrictions in the appropriate local
23.29government office where the conveyance
23.30of the interest in real property is filed. The
23.31notice of funding agreement must contain:
23.32(1) a legal description of the interest in real
23.33property covered by the funding agreement;
23.34(2) a reference to the underlying funding
23.35agreement; (3) a reference to this section; and
23.36(4) the following statement: "This interest
24.1in real property shall be administered in
24.2accordance with the terms, conditions, and
24.3purposes of the grant agreement controlling
24.4the acquisition of the property. The interest
24.5in real property, or any portion of the interest
24.6in real property, shall not be sold, transferred,
24.7pledged, or otherwise disposed of or further
24.8encumbered without obtaining the prior
24.9written approval of the Lessard-Sams
24.10Outdoor Heritage Council or its successor.
24.11The ownership of the interest in real property
24.12shall transfer to the state if: (1) the holder of
24.13the interest in real property fails to comply
24.14with the terms and conditions of the grant
24.15agreement or accomplishment plan; or
24.16(2) restrictions are placed on the land that
24.17preclude its use for the intended purpose as
24.18specified in the appropriation."
24.20By December 1 each year, a recipient of
24.21money appropriated under this section that
24.22is used for the acquisition of an interest in
24.23real property, including, but not limited to,
24.24an easement or fee title, must submit annual
24.25reports on the status of the real property to
24.26the Lessard-Sams Outdoor Heritage Council
24.27or its successor in a form determined by the
24.28council. The responsibility for reporting
24.29under this section may be transferred by
24.30the recipient of the appropriation to another
24.31person or entity that holds the interest in the
24.32real property. To complete the transfer of
24.33reporting responsibility, the recipient of the
24.34appropriation must: (1) inform the person to
24.35whom the responsibility is transferred of that
24.36person's reporting responsibility; (2) inform
25.1the person to whom the responsibility is
25.2transferred of the property restrictions under
25.3subdivision 13; (3) provide written notice
25.4to the council of the transfer of reporting
25.5responsibility, including contact information
25.6for the person to whom the responsibility is
25.7transferred; and (4) provide the council or
25.8its successor written documentation from the
25.9person or entity holding the interest in real
25.10property certifying the person's or entity's
25.11acceptance of all reporting obligations
25.12and responsibilities previously held by the
25.13recipient of the appropriation. After the
25.14transfer, the person or entity that holds the
25.15interest in the real property is responsible for
25.16reporting requirements under this section.
25.19Money appropriated under this section
25.20for easement monitoring and enforcement
25.21may be spent only on activities included in
25.22an easement monitoring and enforcement
25.23plan contained within the accomplishment
25.24plan. Money received for monitoring
25.25and enforcement, including earnings on
25.26the money received, shall be kept in a
25.27monitoring and enforcement fund held by
25.28the organization and dedicated to monitoring
25.29and enforcing conservation easements within
25.30Minnesota. Within 120 days after the close
25.31of the entity's fiscal year, an entity receiving
25.32appropriations for easement monitoring
25.33and enforcement must provide an annual
25.34financial report to the Lessard-Sams Outdoor
25.35Heritage Council on the easement monitoring
25.36and enforcement fund as specified in the
26.1accomplishment plan. Money appropriated
26.2under this section for monitoring and
26.3enforcement of easements and earnings on
26.4the money appropriated shall revert to the
26.5state if: (1) the easement transfers to the
26.6state under subdivision 13; (2) the holder of
26.7the easement fails to file an annual report
26.8and then fails to cure that default within 30
26.9days of notification of the default by the
26.10state; or (3) the holder of the easement fails
26.11to comply with the terms of the monitoring
26.12and enforcement plan contained within the
26.13accomplishment plan and fails to cure that
26.14default within 90 days of notification of the
26.15default by the state.
26.17The Lessard-Sams Outdoor Heritage Council
26.18may approve the continuation of a project
26.19with an organization that has adopted
26.20a new name. Continuation of a project
26.21with an organization that has undergone
26.22a significant change in mission, structure,
26.23or purpose requires: (1) notice to the
26.24chairs of the legislative committees with
26.25relevant jurisdiction; and (2) presentation
26.26by the council of proposed legislation either
26.27ratifying or rejecting continued involvement
26.28with the new organization.
26.29 Sec. 3. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
26.30to read:
26.31 Subd. 1a. Definitions. For the purpose of appropriations from the outdoor heritage
26.32fund, "recipient" means the entity responsible for deliverables financed by the outdoor
26.33heritage fund.
26.34EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
27.1 Sec. 4. Minnesota Statutes 2010, section 97A.056, subdivision 2, is amended to read:
27.2 Subd. 2. Lessard-Sams Outdoor Heritage Council. (a) The Lessard-Sams
27.3Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of:
27.4 (1) two public members appointed by the senate Subcommittee on Committees of
27.5the Committee on Rules and Administration;
27.6 (2) two public members appointed by the speaker of the house;
27.7 (3) four public members appointed by the governor;
27.8 (4) two members of the senate appointed by the senate Subcommittee on Committees
27.9of the Committee on Rules and Administration; and
27.10 (5) two members of the house of representatives appointed by the speaker of the
27.11house.
27.12 (b) Members appointed under paragraph (a) must not be registered lobbyists.
27.13In making appointments, the governor, senate Subcommittee on Committees of the
27.14Committee on Rules and Administration, and the speaker of the house shall consider
27.15geographic balance, gender, age, ethnicity, and varying interests including hunting and
27.16fishing. The governor's appointments to the council are subject to the advice and consent
27.17of the senate.
27.18 (c) Public members appointed under paragraph (a) shall have practical experience
27.19or expertise or demonstrated knowledge in the science, policy, or practice of restoring,
27.20protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
27.21wildlife.
27.22 (d) Legislative members appointed under paragraph (a) shall include the chairs
27.23of the legislative committees with jurisdiction over environment and natural resources
27.24finance or their designee, one member from the minority party of the senate, and one
27.25member from the minority party of the house of representatives.
27.26 (e) Public members serve four-year termsand. Appointed legislative members serve
27.27at the pleasure of the appointing authority. Public and legislative members continue to
27.28serve until their successors are appointed. Public members shall be initially appointed
27.29according to the following schedule of terms:
27.30 (1) two public members appointed by the governor for a term ending the first
27.31Monday in January 2011;
27.32 (2) one public member appointed by the senate Subcommittee on Committees of the
27.33Committee on Rules and Administration for a term ending the first Monday in January
27.342011;
27.35 (3) one public member appointed by the speaker of the house for a term ending
27.36the first Monday in January 2011;
28.1 (4) two public members appointed by the governor for a term ending the first
28.2Monday in January 2013;
28.3 (5) one public member appointed by the senate Subcommittee on Committees of the
28.4Committee on Rules and Administration for a term ending the first Monday in January
28.52013; and
28.6 (6) one public member appointed by the speaker of the house for a term ending the
28.7first Monday in January 2013; and.
28.8(7) two members of the senate appointed by the senate Subcommittee on Committees
28.9of the Committee on Rules and Administration for a term ending the first Monday in
28.10January 2013, and two members of the house of representatives appointed by the speaker
28.11of the house for a term ending the first Monday in January 2013.
28.12 (f) Compensation and removal of public members are as provided in section
28.1315.0575
. A vacancy on the council may be filled by the appointing authority for the
28.14remainder of the unexpired term.
28.15 (g) The first meeting of the council shall be convened by the chair of the Legislative
28.16Coordinating Commission no later than December 1, 2008. Members shall elect a chair,
28.17vice-chair, secretary, and other officers as determined by the council. The chair may
28.18convene meetings as necessary to conduct the duties prescribed by this section.
28.19 (h) Upon coordination with and approval by the Legislative Coordinating
28.20Commission, the council may appoint nonpartisan staff and contract with consultants
28.21as necessary to carry out the functions of the council. Up to one percent of the money
28.22appropriated from the fund may be used to pay for administrative expenses of the council
28.23and for compensation and expense reimbursement of council members.
28.24 Sec. 5. Laws 2009, chapter 172, article 1, section 2, subdivision 3, is amended to read:
28.26$18,000,000 in fiscal year 2010 and
28.27$18,000,000 in fiscal year 2011 are to the
28.28commissioner of natural resources to acquire
28.29land or permanent working forest easements
28.30on private forests in areas identified through
28.31the Minnesota forests for the future program
28.32under Minnesota Statutes, section84.66 .
28.33Up to $750,000 in fiscal year 2011 may
28.34be deposited in an account and used for
28.35long-term monitoring and enforcement of
29.1the easements acquired. Money and interest
29.2earned shall be kept in a separate fund and
29.3dedicated to monitoring and enforcement
29.4of permanent working forest easements
29.5acquired with appropriations from the
29.6outdoor heritage fund. Priority must be
29.7given to acquiring land or interests in private
29.8lands within existing Minnesota state forest
29.9boundaries. Any easements acquired must
29.10have a forest management plan as defined
29.11in Minnesota Statutes, section290C.02,
29.12subdivision 7 . A list of proposed fee title
29.13and easement acquisitions must be provided
29.14as part of the required accomplishment
29.15plan.The fiscal year 2011 appropriation
29.16is available only for acquisitions that, by
29.17August 15, 2009, are:
29.18(1) subject to a binding agreement with the
29.19commissioner; and
29.20(2) matched by at least $9,000,000 in private
29.21donations.
1.3fund; modifying certain outdoor heritage provisions;amending Minnesota
1.4Statutes 2010, section 97A.056, subdivision 2, by adding a subdivision; Laws
1.52009, chapter 172, article 1, section 2, subdivision 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.7 |
Section 1. OUTDOOR HERITAGE APPROPRIATION. |
||||||
1.9agencies and for the purposes specified in this act. The appropriations are from the
1.10outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
1.11figures "2012" and "2013" used in this act mean that the appropriations listed under them
1.12are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The
1.13first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" is
1.14fiscal years 2012 and 2013. The appropriations in this act are onetime.
| 1.15 |
APPROPRIATIONS |
||||||
| 1.16 |
Available for the Year |
||||||
| 1.17 |
Ending June 30 |
||||||
| 1.18 |
2012 |
2013 |
|||||
| 1.19 |
Sec. 2. OUTDOOR HERITAGE |
||||||
| 1.20 |
Subdivision 1.Total Appropriation |
$ |
86,471,000 |
$ |
471,000 |
||
1.22heritage fund. The amounts that may be
1.23spent for each purpose are specified in the
1.24following subdivisions.
| 2.1 |
Subd. 2.Prairies |
32,671,000 |
-0- |
||||
2.3and Natural Areas, and Prairie Bank
2.4Easement Acquisition - Phase III
2.5$3,931,000 the first year is to the
2.6commissioner of natural resources to:
2.7(1) acquire land in fee for wildlife
2.8management area purposes under Minnesota
2.9Statutes, sections 86A.05, subdivision 8, and
2.1097A.145;
2.11(2) acquire land in fee for scientific and
2.12natural area purposes under Minnesota
2.13Statutes, sections 84.033 and 86A.05,
2.14subdivision 5; and
2.15(3) acquire native prairie bank easements
2.16under Minnesota Statutes, section 84.96.
2.17A list of proposed land or permanent
2.18conservation easement acquisitions must
2.19be provided as part of the required
2.20accomplishment plan. The accomplishment
2.21plan must include an easement monitoring
2.22and enforcement plan. Money appropriated
2.23from the outdoor heritage fund for easement
2.24acquisition may be used to establish a
2.25monitoring and enforcement fund as
2.26approved in the accomplishment plan,
2.27and subject to subdivision 15. An annual
2.28financial report is required for any monitoring
2.29and enforcement fund established, including
2.30expenditures from the fund.
2.31(b) Accelerated Prairie Restoration and
2.32Enhancement on DNR Lands - Phase III
2.33$1,652,000 the first year is to the
2.34commissioner of natural resources to
3.1accelerate the restoration and enhancement
3.2on wildlife management areas, scientific
3.3and natural areas, and land under native
3.4prairie bank easements. All restorations must
3.5comply with subdivision 9, paragraph (b).
3.6(c) Minnesota Buffers for Wildlife and
3.7Water
3.8$2,249,000 the first year is to the Board of
3.9Water and Soil Resources in cooperation
3.10with Pheasants Forever to acquire permanent
3.11conservation easements to enhance habitat
3.12by expanding riparian wildlife buffers on
3.13private land. A list of proposed easement
3.14acquisitions must be provided as part of
3.15the required accomplishment plan. The
3.16accomplishment plan must include an
3.17easement monitoring and enforcement
3.18plan. Money appropriated from the outdoor
3.19heritage fund for easement acquisition
3.20may be used to establish a monitoring
3.21and enforcement fund as approved in
3.22the accomplishment plan and subject to
3.23subdivision 15. An annual financial report is
3.24required for any monitoring and enforcement
3.25fund established, including expenditures
3.26from the fund.
3.27(d) Northern Tallgrass Prairie National
3.28Wildlife Refuge Land Acquisition - Phase
3.29III
3.30$1,720,000 the first year is to the
3.31commissioner of natural resources for an
3.32agreement with The Nature Conservancy
3.33to acquire land or permanent easements
3.34within the Northern Tallgrass Prairie Habitat
3.35Preservation Area in western Minnesota for
4.1addition to the Northern Tallgrass Prairie
4.2National Wildlife Refuge. A list of proposed
4.3land acquisitions must be provided as part
4.4of the required accomplishment plan. The
4.5accomplishment plan must include an
4.6easement monitoring and enforcement plan.
4.7(e) Minnesota Prairie Recovery Project -
4.8Phase II
4.9$4,500,000 the first year is to the
4.10commissioner of natural resources for an
4.11agreement with The Nature Conservancy to
4.12acquire native prairie and savanna and restore
4.13and enhance grasslands and savanna. A list of
4.14proposed land acquisitions must be provided
4.15as part of the required accomplishment plan.
4.16Acquisitions, restorations, and enhancements
4.17must be within the two existing and two
4.18additional pilot focus areas contained in
4.19the accomplishment plan. Annual income
4.20statements and balance sheets for income
4.21and expenses from land acquired with
4.22appropriations from the outdoor heritage
4.23fund must be submitted to the Lessard-Sams
4.24Outdoor Heritage Council. All restorations
4.25must comply with subdivision 9, paragraph
4.26(b).
4.27(f) Cannon River Headwaters Habitat
4.28Complex - Phase I
4.29$1,533,000 the first year is to the
4.30commissioner of natural resources for an
4.31agreement with The Trust for Public Land
4.32to acquire and restore lands in the Cannon
4.33River watershed for wildlife management
4.34area purposes under Minnesota Statutes,
4.35section 86A.05, subdivision 8, or aquatic
5.1management areas under Minnesota Statutes,
5.2sections 86A.05, subdivision 14, and
5.397C.02. A list of proposed land acquisitions
5.4must be provided as part of the required
5.5accomplishment plan. All restorations must
5.6comply with subdivision 9, paragraph (b).
5.7(g) Accelerating the Wildlife Management
5.8Area Program - Phase III
5.9$5,500,000 the first year is to the
5.10commissioner of natural resources for an
5.11agreement with Pheasants Forever to acquire
5.12prairie and other habitat areas for wildlife
5.13management area purposes under Minnesota
5.14Statutes, section 86A.05, subdivision
5.158. A list of proposed land acquisitions
5.16must be provided as part of the required
5.17accomplishment plan.
5.18(h) Accelerating the Waterfowl Production
5.19Area Program - Phase III
5.20$9,815,000 the first year is to the
5.21commissioner of natural resources for
5.22an agreement with Pheasants Forever to
5.23accelerate the acquisition of wetlands and
5.24grasslands to be added to the waterfowl
5.25production area system in Minnesota in
5.26cooperation with the United States Fish and
5.27Wildlife Service. A list of proposed land
5.28acquisitions must be provided as part of the
5.29required accomplishment plan.
5.30(i) The Green Corridor Legacy Program -
5.31Phase III
5.32$1,771,000 the first year is to the
5.33commissioner of natural resources for
5.34an agreement with the Redwood Area
5.35Development Corporation to acquire land
6.1for wildlife management area purposes
6.2under Minnesota Statutes, section 86A.05,
6.3subdivision 8, or aquatic management areas
6.4under Minnesota Statutes, sections 86A.05,
6.5subdivision 14, and 97C.02. A list of
6.6proposed land acquisitions must be provided
6.7as part of the required accomplishment plan.
| 6.8 |
Subd. 3.Forests |
14,371,000 |
-0- |
||||
6.10Phase III
6.11$5,409,000 the first year is to the
6.12commissioner of natural resources to
6.13acquire forest and wetland habitat through
6.14working forest easements and fee acquisition
6.15under the Minnesota forests for the future
6.16program pursuant to Minnesota Statutes,
6.17section 84.66. A conservation easement
6.18acquired with money appropriated under this
6.19paragraph must comply with subdivision
6.2013. A list of proposed land acquisitions
6.21must be provided as part of the required
6.22accomplishment plan. The accomplishment
6.23plan must include an easement monitoring
6.24and enforcement plan. Money appropriated
6.25from the outdoor heritage fund for easement
6.26acquisition may be used to establish a
6.27monitoring and enforcement fund as
6.28approved in the accomplishment plan
6.29and subject to subdivision 15. An annual
6.30financial report is required for any monitoring
6.31and enforcement fund established, including
6.32expenditures from the fund.
6.33(b) LaSalle Lake: Protecting Critical
6.34Mississippi Headwaters Habitat
7.1$4,632,000 the first year is to the
7.2commissioner of natural resources for an
7.3agreement with The Trust for Public Land
7.4to acquire land adjacent to LaSalle Lake in
7.5Hubbard County. A list of proposed land
7.6acquisitions must be provided as part of
7.7the required accomplishment plan. If the
7.8acquisition is not completed by July 15,
7.92012, or if a balance remains after acquisition
7.10of land, the money under this paragraph is
7.11available for acquisition under subdivision
7.122, paragraph (a).
7.13(c) Accelerated Forest Habitat
7.14Enhancement - Phase II
7.15$826,000 the first year is to the commissioner
7.16of natural resources to restore and enhance
7.17lands in state forests, pursuant to Minnesota
7.18Statutes, 89.021. All restorations must
7.19comply with subdivision 9, paragraph (b).
7.20(d) Northeastern Minnesota Sharp-Tailed
7.21Grouse Habitat Partnership - Phase II
7.22$988,000 the first year is to the commissioner
7.23of natural resources for an agreement with
7.24Pheasants Forever in cooperation with the
7.25Minnesota Sharp-Tailed Grouse Society
7.26to acquire and enhance lands for wildlife
7.27management area purposes under Minnesota
7.28Statutes, section 86A.05, subdivision
7.298. A list of proposed land acquisitions
7.30must be provided as part of the required
7.31accomplishment plan.
7.32(e) Lower Mississippi River Habitat
7.33Partnership - Phase II
7.34$707,000 the first year is to the commissioner
7.35of natural resources to acquire and enhance
8.1habitat in the lower Root River and
8.2lower Zumbro River watersheds, pursuant
8.3to Minnesota Statutes, section 86A.05,
8.4subdivisions 7 and 8. A list of proposed land
8.5acquisitions must be provided as part of the
8.6required accomplishment plan.
8.7(f) Protect Key Forest Habitat Lands in
8.8Cass County - Phase II
8.9$604,000 the first year is to the commissioner
8.10of natural resources for an agreement with
8.11Cass County to acquire land in fee for forest
8.12wildlife habitat. A list of proposed land
8.13acquisitions must be provided as part of the
8.14required accomplishment plan.
8.15(g) State Forest Acquisition
8.16$1,205,000 the first year is to the
8.17commissioner of natural resources to acquire
8.18land in fee and permanent management
8.19access easements for state forests under
8.20Minnesota Statutes, section 86A.05,
8.21subdivision 7. A list of proposed land
8.22acquisitions must be provided as part of the
8.23required accomplishment plan.
| 8.24 |
Subd. 4.Wetlands |
15,827,000 |
-0- |
||||
8.26Reserve Acquisition and Restoration
8.27Program Partnership - Phase III
8.28$13,000,000 the first year is to the Board
8.29of Water and Soil Resources to acquire
8.30permanent conservation easements and
8.31restore wetlands and associated upland
8.32habitat in cooperation with the United States
8.33Department of Agriculture Wetlands Reserve
8.34Program. A list of proposed land acquisitions
9.1must be provided as part of the required
9.2accomplishment plan. All restorations must
9.3comply with subdivision 9, paragraph (b).
9.4The accomplishment plan must include
9.5an easement monitoring and enforcement
9.6plan. Money appropriated from the outdoor
9.7heritage fund for easement acquisition
9.8may be used to establish a monitoring
9.9and enforcement fund as approved in
9.10the accomplishment plan and subject to
9.11subdivision 15. An annual financial report is
9.12required for any monitoring and enforcement
9.13fund established, including expenditures
9.14from the fund and a description of monitoring
9.15and enforcement activities.
9.16(b) Accelerated Shallow Lakes and
9.17Wetlands Restoration and Enhancement -
9.18Phase III
9.19$936,000 the first year is to the commissioner
9.20of natural resources to develop engineering
9.21designs for shallow lakes and wetlands and
9.22restore and enhance shallow lakes.
9.23(c) Shallow Lake Shoreland Protection:
9.24Wild Rice Lakes
9.25$1,891,000 the first year is to the
9.26commissioner of natural resources for an
9.27agreement with Ducks Unlimited and the
9.28Board of Water and Soil Resources to
9.29acquire wild rice lake shoreland habitat in
9.30fee and as permanent conservation easements
9.31as follows: $500,000 to the Department
9.32of Natural Resources; $1,100,000 to the
9.33Board of Water and Soil Resources; and
9.34$291,000 to Ducks Unlimited. A list of
9.35proposed land acquisitions must be provided
10.1as part of the required accomplishment plan.
10.2The accomplishment plan must include
10.3an easement monitoring and enforcement
10.4plan. Money appropriated from the outdoor
10.5heritage fund for easement acquisition
10.6may be used to establish a monitoring
10.7and enforcement fund as approved in
10.8the accomplishment plan and subject to
10.9subdivision 15. An annual financial report is
10.10required for any monitoring and enforcement
10.11fund established, including expenditures
10.12from the fund.
| 10.13 |
Subd. 5.Habitat |
22,914,000 |
-0- |
||||
10.15Area Habitat Program - Phase III
10.16$6,500,000 the first year is to the
10.17commissioner of natural resources to
10.18acquire interests in land in fee or permanent
10.19conservation easements for aquatic
10.20management areas under Minnesota Statutes,
10.21sections 86A.05, subdivision 14, and 97C.02,
10.22to restore and enhance aquatic habitat. A
10.23list of proposed acquisitions and stream and
10.24lake habitat restorations and enhancements
10.25must be provided as part of the required
10.26accomplishment plan. The accomplishment
10.27plan must include an easement monitoring
10.28and enforcement plan. Money appropriated
10.29from the outdoor heritage fund for easement
10.30acquisition may be used to establish a
10.31monitoring and enforcement fund as
10.32approved in the accomplishment plan
10.33and subject to subdivision 15. An annual
10.34financial report is required for any monitoring
11.1and enforcement fund established, including
11.2expenditures from the fund.
11.3(b) Coldwater Fish Habitat Enhancement
11.4Program - Phase III
11.5$1,533,000 the first year is to the
11.6commissioner of natural resources for an
11.7agreement with Minnesota Trout Unlimited.
11.8A list of proposed projects, describing
11.9types and locations of restorations and
11.10enhancements, must be provided as part of
11.11the required accomplishment plan.
11.12(c) Land Addition to the Janet Johnson
11.13Memorial Wildlife Management Area
11.14$577,000 the first year is to the commissioner
11.15of natural resources for an agreement with
11.16Chisago County to acquire land in fee to
11.17be added to the Janet Johnson Memorial
11.18Wildlife Management Area under Minnesota
11.19Statutes, section 86A.05, subdivision
11.208. A list of proposed land acquisitions
11.21must be provided as part of the required
11.22accomplishment plan.
11.23(d) Metro Big Rivers Habitat - Phase II
11.24$5,000,000 the first year is to the
11.25commissioner of natural resources for
11.26agreements to acquire interests in land in
11.27fee or permanent conservation easements
11.28and to restore and enhance natural systems
11.29associated with the Mississippi, Minnesota,
11.30and St. Croix Rivers as follows: $960,000
11.31to the Minnesota Valley National Wildlife
11.32Refuge Trust, Inc.; $150,000 to Great
11.33River Greening; $840,000 to Minnesota
11.34Land Trust; $150,000 to Friends of the
11.35Mississippi River; and $2,900,000 to The
12.1Trust for Public Land. A list of proposed
12.2projects, describing types and locations of
12.3acquisitions, restorations, and enhancements,
12.4must be provided as part of the required
12.5accomplishment plan. The accomplishment
12.6plan must include an easement monitoring
12.7and enforcement plan. All restorations
12.8must comply with subdivision 9, paragraph
12.9(b). Money appropriated from the outdoor
12.10heritage fund for easement acquisition
12.11may be used to establish a monitoring
12.12and enforcement fund as approved in
12.13the accomplishment plan and subject to
12.14subdivision 15. An annual financial report is
12.15required for any monitoring and enforcement
12.16fund established, including expenditures
12.17from the fund.
12.18(e) Protecting Sensitive Shorelands in
12.19North Central Minnesota
12.20$1,098,000 the first year is to the
12.21commissioner of natural resources for
12.22agreements with the Leech Lake Watershed
12.23Foundation and the Minnesota Land Trust
12.24as follows: $339,000 to the Leech Lake
12.25Watershed Foundation; $741,000 to the
12.26Minnesota Land Trust; and $18,000 to the
12.27Department of Natural Resources to pay for
12.28acquisition-related expenses and monitoring
12.29costs of donated permanent conservation
12.30easements on sensitive shorelands in north
12.31central Minnesota. A list of proposed land
12.32acquisitions must be provided as part of
12.33the required accomplishment plan. The
12.34accomplishment plan must include an
12.35easement monitoring and enforcement
12.36plan. Money appropriated from the outdoor
13.1heritage fund for easement acquisition
13.2may be used to establish a monitoring
13.3and enforcement fund as approved in
13.4the accomplishment plan and subject to
13.5subdivision 15. An annual financial report is
13.6required for any monitoring and enforcement
13.7fund established, including expenditures
13.8from the fund.
13.9(f) Restoring Native Habitat and Water
13.10Quality to Shell Rock River - Phase II
13.11$2,577,000 the first year is to the
13.12commissioner of natural resources for an
13.13agreement with the Shell Lake Watershed
13.14District to acquire land in fee at the
13.15headwaters of the Shell Rock River for
13.16aquatic management area purposes under
13.17Minnesota Statutes, sections 86A.05,
13.18subdivision 14, and 97C.02, to restore
13.19and enhance aquatic habitat. The leases
13.20for gravel mining existing at the time of
13.21acquisition may not be extended and all gross
13.22income generated from mining operations
13.23must be transferred to the commissioner of
13.24management and budget and credited to the
13.25outdoor heritage fund. A list of proposed
13.26land acquisitions must be provided as part of
13.27the required accomplishment plan.
13.28(g) Outdoor Heritage Conservation
13.29Partners Grant Program - Phase III
13.30$5,629,000 the first year is to the
13.31commissioner of natural resources for a
13.32program to provide competitive, matching
13.33grants of up to $400,000 to local, regional,
13.34state, and national organizations for
13.35enhancement, restoration, or protection of
14.1forests, wetlands, prairies, and habitat for
14.2fish, game, or wildlife in Minnesota. Grants
14.3shall not be made for activities required to
14.4fulfill the duties of owners of lands subject
14.5to conservation easements. Grants shall
14.6not be made from appropriations in this
14.7paragraph for projects that have a total
14.8project cost exceeding $475,000. $319,000
14.9of this appropriation may be spent for
14.10personnel costs and other administrative
14.11costs. Grantees may acquire land or interests
14.12in land. Easements must be permanent.
14.13Land acquired in fee must be open to
14.14hunting and fishing during the open season
14.15unless otherwise provided by state law. The
14.16program shall require a match of at least ten
14.17percent from nonstate sources for grants of
14.18$100,000 or less and a match of at least 15
14.19percent from nonstate sources for grants over
14.20$100,000. Up to one-third of the match may
14.21be in-kind resources. For grant applications
14.22of $25,000 or less, the commissioner shall
14.23provide a separate, simplified application
14.24process. The criteria for evaluating grant
14.25applications over $25,000 must include the
14.26amount of habitat restored, enhanced, or
14.27protected; local support; encouragement
14.28of a local conservation culture; urgency;
14.29capacity to achieve multiple benefits;
14.30habitat benefits provided; consistency with
14.31current conservation science; adjacency
14.32to protected lands; full funding of the
14.33project; supplementing existing funding;
14.34public access for hunting and fishing during
14.35the open season; sustainability; degree
14.36of collaboration; and use of native plant
15.1materials. All projects must conform to
15.2the Minnesota statewide conservation and
15.3preservation plan. Wildlife habitat projects
15.4must also conform to the Minnesota wildlife
15.5action plan. Subject to the evaluation
15.6criteria and requirements of this paragraph
15.7and Minnesota Statutes, the commissioner
15.8of natural resources shall give priority to
15.9organizations that have a history of receiving
15.10or charter to receive private contributions
15.11for local conservation or habitat projects
15.12when evaluating projects of equal value. If
15.13acquiring land or a conservation easement,
15.14priority shall be given to projects associated
15.15with existing wildlife management areas
15.16under Minnesota Statutes, section 86A.05,
15.17subdivision 8; scientific and natural areas
15.18under Minnesota Statutes, sections 84.033
15.19and 86A.05, subdivision 5; and aquatic
15.20management areas under Minnesota Statutes,
15.21sections 86A.05, subdivision 14, and 97C.02.
15.22All restoration or enhancement projects
15.23must be on land permanently protected by a
15.24conservation easement or public ownership
15.25or in public waters as defined in Minnesota
15.26Statutes, section 103G.005, subdivision
15.2715. Priority shall be given to restoration
15.28and enhancement projects on public lands.
15.29Subdivision 9 applies to grants awarded
15.30under this paragraph. All restorations must
15.31comply with subdivision 9, paragraph (b).
15.32This appropriation is available until June
15.3330, 2015. No less than five percent of the
15.34amount of each grant must be held back from
15.35reimbursement until the grant recipient has
15.36completed a grant accomplishment report by
16.1the deadline and in the form prescribed by
16.2and satisfactory to the Lessard-Sams Outdoor
16.3Heritage Council. The commissioner shall
16.4provide notice of the grant program in the
16.52011 game and fish law summaries that are
16.6prepared under Minnesota Statutes, section
16.797A.051, subdivision 2.
| 16.8 |
Subd. 6.Administration |
688,000 |
471,000 |
||||
16.10$175,000 the first year is to the Legislative
16.11Coordinating Commission to contract with
16.12the commissioner of natural resources for
16.13expenses incurred for contract fiscal services
16.14for the agreements specified in this section.
16.15The contract management services must be
16.16done on a reimbursement basis.
16.17(b) Legislative Coordinating Commission
16.18$471,000 the first year and $471,000
16.19the second year are to the Legislative
16.20Coordinating Commission for two years of
16.21administrative expenses of the Lessard-Sams
16.22Outdoor Heritage Council and for two years
16.23of compensation and expense reimbursement
16.24of council members.
16.25(c) Technical Assistance Panel
16.26$42,000 the first year is to the commissioner
16.27of natural resources for a technical assistance
16.28panel to conduct up to ten restoration audits
16.29under Minnesota Statutes, section 97A.056,
16.30subdivision 10.
| 16.31 |
Subd. 7.Availability of Appropriation |
||||||
16.33not be spent on activities unless they are
16.34directly related to and necessary for a
17.1specific appropriation and are specified in the
17.2accomplishment plan. Money appropriated
17.3in this section must not be spent on indirect
17.4costs or other institutional overhead charges.
17.5Unless otherwise provided, the amounts
17.6in this section are available until June 30,
17.72014, when projects must be completed and
17.8final accomplishments reported. Funds for
17.9restoration or enhancement are available
17.10until June 30, 2016, or four years after
17.11acquisition, whichever is later, in order to
17.12complete restoration or enhancement work.
17.13If a project receives federal funds, the time
17.14period of the appropriation is extended to
17.15equal the availability of federal funding.
17.16Funds appropriated for fee title acquisition
17.17of land may be used to restore, enhance, and
17.18provide for the public use of land acquired
17.19with the appropriation. Public use facilities
17.20must have a minimal impact on habitat on
17.21acquired lands.
| 17.22 |
Subd. 8.Accomplishment Plans |
||||||
17.24appropriations made under this section that
17.25the agency or entity using the appropriation
17.26submit to the Lessard-Sams Outdoor
17.27Heritage Council an accomplishment plan
17.28and periodic accomplishment reports in
17.29the form determined by the council. The
17.30accomplishment plan must identify the
17.31project manager responsible for expending
17.32the appropriation and the final product. The
17.33accomplishment plan must account for the
17.34use of the appropriation and outcomes of
17.35the expenditure in measures of wetlands,
17.36prairies, forests, and fish, game, and wildlife
18.1habitat restored, protected, and enhanced.
18.2The plan must include an evaluation of
18.3results. None of the money provided in this
18.4section may be expended unless the council
18.5has approved the pertinent accomplishment
18.6plan.
| 18.7 |
Subd. 9.Project Requirements |
||||||
18.9appropriation made under this section, an
18.10agency or entity receiving an appropriation
18.11must comply with this subdivision for any
18.12project funded in whole or in part with funds
18.13from the appropriation.
18.14(b) To the extent possible, a person
18.15conducting restoration with money
18.16appropriated under this section must plant
18.17vegetation or sow seed only of ecotypes
18.18native to Minnesota, and preferably of the
18.19local ecotype, using a high diversity of
18.20species originating from as close to the
18.21restoration site as possible and must protect
18.22existing native prairies, grasslands, forests,
18.23wetlands, and other aquatic systems from
18.24genetic contamination.
18.25(c) All conservation easements acquired with
18.26money appropriated under this section must:
18.27(1) be permanent; (2) specify the parties to
18.28the easement; (3) specify all of the provisions
18.29of an agreement that are permanent; (4)
18.30specify the habitat types and location
18.31being protected; (5) where appropriate for
18.32conservation or water protection outcomes,
18.33require the grantor to employ practices
18.34retaining water on the eased land as long as
18.35practicable; (6) specify the responsibilities
19.1of the parties for habitat enhancement and
19.2restoration and the associated costs of these
19.3activities; (7) be sent to the office of the
19.4Lessard-Sams Outdoor Heritage Council; (8)
19.5include a long-term stewardship plan and
19.6identify the sources and amount of funding
19.7for monitoring and enforcing the easement
19.8agreement; and (9) identify the parties
19.9responsible for monitoring and enforcing the
19.10easement agreement.
19.11(d) For all restorations, a recipient must
19.12prepare and retain an ecological restoration
19.13and management plan that, to the degree
19.14practicable, is consistent with current
19.15conservation science and ecological goals
19.16for the restoration site. Consideration should
19.17be given to soil, geology, topography, and
19.18other relevant factors that would provide
19.19the best chance for long-term success and
19.20durability of the restoration projects. The
19.21plan must include the proposed timetable for
19.22implementing the restoration, including, but
19.23not limited to, site preparation, establishment
19.24of diverse plant species, maintenance, and
19.25additional enhancement to establish the
19.26restoration; identify long-term maintenance
19.27and management needs of the restoration
19.28and how the maintenance, management,
19.29and enhancement will be financed; and use
19.30current conservation science to achieve the
19.31best restoration.
19.32(e) For new lands acquired, a recipient
19.33must prepare a restoration and management
19.34plan in compliance with paragraph (d),
19.35including identification of sufficient funding
19.36for implementation.
20.1(f) To ensure public accountability for the
20.2use of public funds, a recipient must provide
20.3to the Lessard-Sams Outdoor Heritage
20.4Council documentation of the process
20.5used to select parcels acquired in fee or as
20.6permanent conservation easements and must
20.7provide the council with documentation
20.8of all related transaction costs, including,
20.9but not limited to, appraisals, legal fees,
20.10recording fees, commissions, other similar
20.11costs, and donations. This information
20.12must be provided for all parties involved
20.13in the transaction. The recipient must
20.14also report to the Lessard-Sams Outdoor
20.15Heritage Council any difference between the
20.16acquisition amount paid to the seller and the
20.17state-certified or state-reviewed appraisal, if
20.18a state-certified or state-reviewed appraisal
20.19was conducted. Acquisition data such
20.20as appraisals may remain private during
20.21negotiations but must ultimately be made
20.22public according to Minnesota Statutes,
20.23chapter 13.
20.24(g) Except as otherwise provided in this
20.25section, all restoration and enhancement
20.26projects funded with money appropriated
20.27under this section must be on land
20.28permanently protected by a conservation
20.29easement or public ownership or in public
20.30waters as defined in Minnesota Statutes,
20.31section 103G.005, subdivision 15.
20.32(h) To the extent an appropriation is used to
20.33acquire an interest in real property, a recipient
20.34of an appropriation under this section must
20.35provide to the Lessard-Sams Outdoor
20.36Heritage Council and the commissioner
21.1of management and budget an analysis of
21.2increased operations and maintenance costs
21.3likely to be incurred by public entities as
21.4a result of the acquisition and of how these
21.5costs are to be paid.
21.6(i) A recipient of money from an
21.7appropriation under this section must give
21.8consideration to and make timely written
21.9contact with Conservation Corps Minnesota
21.10for possible use of the corps' services to
21.11contract for restoration and enhancement
21.12services. A copy of the written contact
21.13must be filed with the Lessard-Sams
21.14Outdoor Heritage Council within 15 days of
21.15execution.
21.16(j) A recipient of money under this section
21.17must erect signage according to Laws 2009,
21.18chapter 172, article 5, section 10.
| 21.19 21.20 |
Subd. 10.Payment Conditions and Capital Equipment Expenditures |
||||||
21.22to in this section must be administered on
21.23a reimbursement basis unless otherwise
21.24provided in this section. Notwithstanding
21.25Minnesota Statutes, section 16A.41,
21.26expenditures directly related to each
21.27appropriation's purpose made on or after July
21.281, 2011, are eligible for reimbursement unless
21.29otherwise provided in this section. Periodic
21.30reimbursement must be made upon receiving
21.31documentation that the deliverable items
21.32articulated in the approved accomplishment
21.33plan have been achieved, including partial
21.34achievements as evidenced by approved
21.35progress reports. Reasonable amounts may
21.36be advanced to projects to accommodate
22.1cash flow needs, support future management
22.2of acquired lands, or match a federal share.
22.3The advances must be approved as part of
22.4the accomplishment plan. Capital equipment
22.5expenditures for specific items in excess of
22.6$10,000 must be itemized in and approved as
22.7part of the accomplishment plan.
| 22.8 22.9 |
Subd. 11.Purchase of Recycled and Recyclable Materials |
||||||
22.11corporation, or other entity that receives an
22.12appropriation under this section must use the
22.13appropriation in compliance with Minnesota
22.14Statutes, sections 16B.121, regarding
22.15purchase of recycled, repairable, and durable
22.16materials, and 16B.122, regarding purchase
22.17and use of paper stock and printing.
| 22.18 |
Subd. 12.Accessibility |
||||||
22.20meet the design standards in the Americans
22.21with Disabilities Act (ADA) accessibility
22.22guidelines.
| 22.23 |
Subd. 13.Land Acquisition Restrictions |
||||||
22.25not limited to, an easement or fee title that
22.26is acquired with money appropriated under
22.27this section must be used in perpetuity or for
22.28the specific term of an easement interest for
22.29the purpose for which the appropriation was
22.30made.
22.31(b) A recipient of funding who acquires
22.32an interest in real property subject to this
22.33subdivision may not alter the intended use
22.34of the interest in real property or convey
22.35any interest in the real property acquired
23.1with the appropriation without the prior
23.2review and approval of the Lessard-Sams
23.3Outdoor Heritage Council or its successor.
23.4The council shall notify the chairs and
23.5ranking minority members of the legislative
23.6committees and divisions with jurisdiction
23.7over the outdoor heritage fund at least 15
23.8business days before approval under this
23.9paragraph. The council shall establish
23.10procedures to review requests from recipients
23.11to alter the use of or convey an interest in
23.12real property. These procedures shall allow
23.13for the replacement of the interest in real
23.14property with another interest in real property
23.15meeting the following criteria: (1) the
23.16interest must be at least equal in fair market
23.17value, as certified by the commissioner
23.18of natural resources, to the interest being
23.19replaced; and (2) the interest must be in a
23.20reasonably equivalent location and have a
23.21reasonably equivalent useful conservation
23.22purpose compared to the interest being
23.23replaced, taking into consideration all effects
23.24from fragmentation of the whole habitat.
23.25(c) A recipient of funding who acquires an
23.26interest in real property under paragraph
23.27(a) must separately record a notice of
23.28funding restrictions in the appropriate local
23.29government office where the conveyance
23.30of the interest in real property is filed. The
23.31notice of funding agreement must contain:
23.32(1) a legal description of the interest in real
23.33property covered by the funding agreement;
23.34(2) a reference to the underlying funding
23.35agreement; (3) a reference to this section; and
23.36(4) the following statement: "This interest
24.1in real property shall be administered in
24.2accordance with the terms, conditions, and
24.3purposes of the grant agreement controlling
24.4the acquisition of the property. The interest
24.5in real property, or any portion of the interest
24.6in real property, shall not be sold, transferred,
24.7pledged, or otherwise disposed of or further
24.8encumbered without obtaining the prior
24.9written approval of the Lessard-Sams
24.10Outdoor Heritage Council or its successor.
24.11The ownership of the interest in real property
24.12shall transfer to the state if: (1) the holder of
24.13the interest in real property fails to comply
24.14with the terms and conditions of the grant
24.15agreement or accomplishment plan; or
24.16(2) restrictions are placed on the land that
24.17preclude its use for the intended purpose as
24.18specified in the appropriation."
| 24.19 |
Subd. 14.Real Property Interest Report |
||||||
24.21money appropriated under this section that
24.22is used for the acquisition of an interest in
24.23real property, including, but not limited to,
24.24an easement or fee title, must submit annual
24.25reports on the status of the real property to
24.26the Lessard-Sams Outdoor Heritage Council
24.27or its successor in a form determined by the
24.28council. The responsibility for reporting
24.29under this section may be transferred by
24.30the recipient of the appropriation to another
24.31person or entity that holds the interest in the
24.32real property. To complete the transfer of
24.33reporting responsibility, the recipient of the
24.34appropriation must: (1) inform the person to
24.35whom the responsibility is transferred of that
24.36person's reporting responsibility; (2) inform
25.1the person to whom the responsibility is
25.2transferred of the property restrictions under
25.3subdivision 13; (3) provide written notice
25.4to the council of the transfer of reporting
25.5responsibility, including contact information
25.6for the person to whom the responsibility is
25.7transferred; and (4) provide the council or
25.8its successor written documentation from the
25.9person or entity holding the interest in real
25.10property certifying the person's or entity's
25.11acceptance of all reporting obligations
25.12and responsibilities previously held by the
25.13recipient of the appropriation. After the
25.14transfer, the person or entity that holds the
25.15interest in the real property is responsible for
25.16reporting requirements under this section.
| 25.17 25.18 |
Subd. 15.Easement Monitoring and Enforcement Requirements |
||||||
25.20for easement monitoring and enforcement
25.21may be spent only on activities included in
25.22an easement monitoring and enforcement
25.23plan contained within the accomplishment
25.24plan. Money received for monitoring
25.25and enforcement, including earnings on
25.26the money received, shall be kept in a
25.27monitoring and enforcement fund held by
25.28the organization and dedicated to monitoring
25.29and enforcing conservation easements within
25.30Minnesota. Within 120 days after the close
25.31of the entity's fiscal year, an entity receiving
25.32appropriations for easement monitoring
25.33and enforcement must provide an annual
25.34financial report to the Lessard-Sams Outdoor
25.35Heritage Council on the easement monitoring
25.36and enforcement fund as specified in the
26.1accomplishment plan. Money appropriated
26.2under this section for monitoring and
26.3enforcement of easements and earnings on
26.4the money appropriated shall revert to the
26.5state if: (1) the easement transfers to the
26.6state under subdivision 13; (2) the holder of
26.7the easement fails to file an annual report
26.8and then fails to cure that default within 30
26.9days of notification of the default by the
26.10state; or (3) the holder of the easement fails
26.11to comply with the terms of the monitoring
26.12and enforcement plan contained within the
26.13accomplishment plan and fails to cure that
26.14default within 90 days of notification of the
26.15default by the state.
| 26.16 |
Subd. 16.Successor Organizations |
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26.18may approve the continuation of a project
26.19with an organization that has adopted
26.20a new name. Continuation of a project
26.21with an organization that has undergone
26.22a significant change in mission, structure,
26.23or purpose requires: (1) notice to the
26.24chairs of the legislative committees with
26.25relevant jurisdiction; and (2) presentation
26.26by the council of proposed legislation either
26.27ratifying or rejecting continued involvement
26.28with the new organization.
26.29 Sec. 3. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
26.30to read:
26.31 Subd. 1a. Definitions. For the purpose of appropriations from the outdoor heritage
26.32fund, "recipient" means the entity responsible for deliverables financed by the outdoor
26.33heritage fund.
26.34EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
27.1 Sec. 4. Minnesota Statutes 2010, section 97A.056, subdivision 2, is amended to read:
27.2 Subd. 2. Lessard-Sams Outdoor Heritage Council. (a) The Lessard-Sams
27.3Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of:
27.4 (1) two public members appointed by the senate Subcommittee on Committees of
27.5the Committee on Rules and Administration;
27.6 (2) two public members appointed by the speaker of the house;
27.7 (3) four public members appointed by the governor;
27.8 (4) two members of the senate appointed by the senate Subcommittee on Committees
27.9of the Committee on Rules and Administration; and
27.10 (5) two members of the house of representatives appointed by the speaker of the
27.11house.
27.12 (b) Members appointed under paragraph (a) must not be registered lobbyists.
27.13In making appointments, the governor, senate Subcommittee on Committees of the
27.14Committee on Rules and Administration, and the speaker of the house shall consider
27.15geographic balance, gender, age, ethnicity, and varying interests including hunting and
27.16fishing. The governor's appointments to the council are subject to the advice and consent
27.17of the senate.
27.18 (c) Public members appointed under paragraph (a) shall have practical experience
27.19or expertise or demonstrated knowledge in the science, policy, or practice of restoring,
27.20protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
27.21wildlife.
27.22 (d) Legislative members appointed under paragraph (a) shall include the chairs
27.23of the legislative committees with jurisdiction over environment and natural resources
27.24finance or their designee, one member from the minority party of the senate, and one
27.25member from the minority party of the house of representatives.
27.26 (e) Public members serve four-year terms
27.27at the pleasure of the appointing authority. Public and legislative members continue to
27.28serve until their successors are appointed. Public members shall be initially appointed
27.29according to the following schedule of terms:
27.30 (1) two public members appointed by the governor for a term ending the first
27.31Monday in January 2011;
27.32 (2) one public member appointed by the senate Subcommittee on Committees of the
27.33Committee on Rules and Administration for a term ending the first Monday in January
27.342011;
27.35 (3) one public member appointed by the speaker of the house for a term ending
27.36the first Monday in January 2011;
28.1 (4) two public members appointed by the governor for a term ending the first
28.2Monday in January 2013;
28.3 (5) one public member appointed by the senate Subcommittee on Committees of the
28.4Committee on Rules and Administration for a term ending the first Monday in January
28.52013; and
28.6 (6) one public member appointed by the speaker of the house for a term ending the
28.7first Monday in January 2013
28.8
28.9
28.10
28.11
28.12 (f) Compensation and removal of public members are as provided in section
28.14remainder of the unexpired term.
28.15 (g) The first meeting of the council shall be convened by the chair of the Legislative
28.16Coordinating Commission no later than December 1, 2008. Members shall elect a chair,
28.17vice-chair, secretary, and other officers as determined by the council. The chair may
28.18convene meetings as necessary to conduct the duties prescribed by this section.
28.19 (h) Upon coordination with and approval by the Legislative Coordinating
28.20Commission, the council may appoint nonpartisan staff and contract with consultants
28.21as necessary to carry out the functions of the council. Up to one percent of the money
28.22appropriated from the fund may be used to pay for administrative expenses of the council
28.23and for compensation and expense reimbursement of council members.
28.24 Sec. 5. Laws 2009, chapter 172, article 1, section 2, subdivision 3, is amended to read:
| 28.25 |
Subd. 3.Forests |
18,000,000 |
18,000,000 |
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28.27$18,000,000 in fiscal year 2011 are to the
28.28commissioner of natural resources to acquire
28.29land or permanent working forest easements
28.30on private forests in areas identified through
28.31the Minnesota forests for the future program
28.32under Minnesota Statutes, section
28.33Up to $750,000 in fiscal year 2011 may
28.34be deposited in an account and used for
28.35long-term monitoring and enforcement of
29.1the easements acquired. Money and interest
29.2earned shall be kept in a separate fund and
29.3dedicated to monitoring and enforcement
29.4of permanent working forest easements
29.5acquired with appropriations from the
29.6outdoor heritage fund. Priority must be
29.7given to acquiring land or interests in private
29.8lands within existing Minnesota state forest
29.9boundaries. Any easements acquired must
29.10have a forest management plan as defined
29.11in Minnesota Statutes, section
29.12subdivision 7
29.13and easement acquisitions must be provided
29.14as part of the required accomplishment
29.15plan.
29.16
29.17
29.18
29.19
29.20
29.21
