Bill Text: MN HF6 | 2011 | 87th Legislature 1st Special | Introduced
Bill Title: Special Session Legacy bill.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-07-19 - House: Introduction and first reading [HF6 Detail]
Download: Minnesota-2011-HF6-Introduced.html
1.2relating to state government; appropriating money from the outdoor heritage
1.3fund, clean water fund, parks and trails fund, and arts and cultural heritage
1.4fund; modifying certain outdoor heritage provisions; establishing accounts;
1.5creating state recreation area; modifying restoration evaluations; modifying
1.6grant programs; modifying accountability requirements; modifying definitions;
1.7modifying the Clean Water Legacy Act; modifying Clean Water Council;
1.8establishing State Capitol Preservation Commission; providing for Capitol
1.9building powers and duties; providing appointments; modifying reporting and
1.10other requirements for legacy fund recipients; modifying previous appropriations;
1.11requiring reports;amending Minnesota Statutes 2010, sections 3.303, subdivision
1.1210; 10A.01, subdivision 35; 85.013, by adding a subdivision; 85.53, subdivisions
1.132, 5; 97A.056, subdivisions 2, 3, 6, 9, 10, by adding subdivisions; 114D.10;
1.14114D.20, subdivisions 1, 2, 3, 6, 7; 114D.30; 114D.35; 114D.50, subdivisions
1.154, 6; 116.195; 129D.17, subdivision 2; 129D.18, subdivisions 3, 4; 129D.19,
1.16subdivision 5; Laws 2009, chapter 172, article 1, section 2, subdivisions 3, 15;
1.17article 2, section 4, as amended; article 4, section 9, subdivision 5; Laws 2010,
1.18chapter 361, article 1, section 2, subdivision 14; article 2, section 3; proposing
1.19coding for new law in Minnesota Statutes, chapters 15B; 16B; 84; 138; repealing
1.20Minnesota Statutes 2010, section 114D.45.
1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.25The sums shown in the columns marked "Appropriations" are appropriated to the
1.26agencies and for the purposes specified in this article. The appropriations are from the
1.27outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
1.28figures "2012" and "2013" used in this article mean that the appropriations listed under
1.29them are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively.
2.1"The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium"
2.2is fiscal years 2012 and 2013. The appropriations in this article are onetime.
2.9This appropriation is from the outdoor
2.10heritage fund. The amounts that may be
2.11spent for each purpose are specified in the
2.12following subdivisions.
2.14(a) Wildlife Management Area, Scientific
2.15and Natural Areas, and Prairie Bank
2.16Easement Acquisition - Phase III
2.17$3,931,000 the first year is to the
2.18commissioner of natural resources to:
2.19(1) acquire land in fee for wildlife
2.20management area purposes under Minnesota
2.21Statutes, sections 86A.05, subdivision 8, and
2.2297A.145;
2.23(2) acquire land in fee for scientific and
2.24natural area purposes under Minnesota
2.25Statutes, sections 84.033 and 86A.05,
2.26subdivision 5; and
2.27(3) acquire native prairie bank easements
2.28under Minnesota Statutes, section 84.96.
2.29A list of proposed land or permanent
2.30conservation easement acquisitions must
2.31be provided as part of the required
2.32accomplishment plan. The accomplishment
2.33plan must include an easement monitoring
2.34and enforcement plan. Up to $14,000 is for
3.1establishing a monitoring and enforcement
3.2fund as approved in the accomplishment
3.3plan, and subject to subdivision 15. An
3.4annual financial report is required for
3.5any monitoring and enforcement fund
3.6established, including expenditures from the
3.7fund.
3.8(b) Accelerated Prairie Restoration and
3.9Enhancement on DNR Lands - Phase III
3.10$1,652,000 the first year is to the
3.11commissioner of natural resources to
3.12accelerate the restoration and enhancement
3.13on wildlife management areas, scientific and
3.14natural areas, and land under native prairie
3.15bank easements.
3.16(c) Minnesota Buffers for Wildlife and
3.17Water
3.18$2,249,000 the first year is to the Board of
3.19Water and Soil Resources in cooperation
3.20with Pheasants Forever to acquire permanent
3.21conservation easements to enhance habitat
3.22by expanding riparian wildlife buffers on
3.23private land. A list of proposed easement
3.24acquisitions must be provided as part of
3.25the required accomplishment plan. The
3.26accomplishment plan must include an
3.27easement monitoring and enforcement
3.28plan. Up to $200,000 is for establishing
3.29a monitoring and enforcement fund as
3.30approved in the accomplishment plan
3.31and subject to subdivision 15. An annual
3.32financial report is required for any monitoring
3.33and enforcement fund established, including
3.34expenditures from the fund.
4.1(d) Northern Tallgrass Prairie National
4.2Wildlife Refuge Land Acquisition - Phase
4.3III
4.4$1,720,000 the first year is to the
4.5commissioner of natural resources for an
4.6agreement with The Nature Conservancy
4.7to acquire land or permanent easements
4.8within the Northern Tallgrass Prairie Habitat
4.9Preservation Area in western Minnesota for
4.10addition to the Northern Tallgrass Prairie
4.11National Wildlife Refuge. A list of proposed
4.12land acquisitions must be provided as part
4.13of the required accomplishment plan. The
4.14accomplishment plan must include an
4.15easement monitoring and enforcement plan.
4.16(e) Minnesota Prairie Recovery Project -
4.17Phase II
4.18$4,500,000 the first year is to the
4.19commissioner of natural resources for an
4.20agreement with The Nature Conservancy to
4.21acquire native prairie and savanna and restore
4.22and enhance grasslands and savanna. A list of
4.23proposed land acquisitions must be provided
4.24as part of the required accomplishment plan.
4.25Acquisitions, restorations, and enhancements
4.26must be within the two existing and two
4.27additional pilot focus areas contained in
4.28the accomplishment plan. Annual income
4.29statements and balance sheets for income
4.30and expenses from land acquired with
4.31appropriations from the outdoor heritage
4.32fund must be submitted to the Lessard-Sams
4.33Outdoor Heritage Council.
4.34(f) Cannon River Headwaters Habitat
4.35Complex - Phase I
5.1$1,533,000 the first year is to the
5.2commissioner of natural resources for an
5.3agreement with The Trust for Public Land
5.4to acquire and restore lands in the Cannon
5.5River watershed for wildlife management
5.6area purposes under Minnesota Statutes,
5.7section 86A.05, subdivision 8, or aquatic
5.8management areas under Minnesota Statutes,
5.9sections 86A.05, subdivision 14, and
5.1097C.02. A list of proposed land acquisitions
5.11must be provided as part of the required
5.12accomplishment plan.
5.13(g) Accelerating the Wildlife Management
5.14Area Program - Phase III
5.15$5,500,000 the first year is to the
5.16commissioner of natural resources for an
5.17agreement with Pheasants Forever to acquire
5.18prairie and other habitat areas for wildlife
5.19management area purposes under Minnesota
5.20Statutes, section 86A.05, subdivision
5.218. A list of proposed land acquisitions
5.22must be provided as part of the required
5.23accomplishment plan.
5.24(h) Accelerating the Waterfowl Production
5.25Area Program - Phase III
5.26$9,815,000 the first year is to the
5.27commissioner of natural resources for
5.28an agreement with Pheasants Forever to
5.29accelerate the acquisition of wetlands and
5.30grasslands to be added to the waterfowl
5.31production area system in Minnesota in
5.32cooperation with the United States Fish and
5.33Wildlife Service. A list of proposed land
5.34acquisitions must be provided as part of the
5.35required accomplishment plan.
6.1(i) The Green Corridor Legacy Program -
6.2Phase III
6.3$1,771,000 the first year is to the
6.4commissioner of natural resources for
6.5an agreement with the Redwood Area
6.6Development Corporation to acquire land
6.7for wildlife management area purposes
6.8under Minnesota Statutes, section 86A.05,
6.9subdivision 8, or aquatic management areas
6.10under Minnesota Statutes, sections 86A.05,
6.11subdivision 14, and 97C.02. A list of
6.12proposed land acquisitions must be provided
6.13as part of the required accomplishment plan.
6.15(a) Minnesota Forests for the Future -
6.16Phase III
6.17$5,409,000 the first year is to the
6.18commissioner of natural resources to
6.19acquire forest and wetland habitat through
6.20working forest easements and fee acquisition
6.21under the Minnesota forests for the future
6.22program pursuant to Minnesota Statutes,
6.23section 84.66. A conservation easement
6.24acquired with money appropriated under this
6.25paragraph must comply with subdivision
6.2613. A list of proposed land acquisitions
6.27must be provided as part of the required
6.28accomplishment plan. The accomplishment
6.29plan must include an easement monitoring
6.30and enforcement plan. Up to $150,000 is for
6.31establishing a monitoring and enforcement
6.32fund as approved in the accomplishment plan
6.33and subject to subdivision 15. An annual
6.34financial report is required for any monitoring
7.1and enforcement fund established, including
7.2expenditures from the fund.
7.3(b) LaSalle Lake: Protecting Critical
7.4Mississippi Headwaters Habitat
7.5$4,632,000 the first year is to the
7.6commissioner of natural resources for an
7.7agreement with The Trust for Public Land
7.8to acquire land adjacent to LaSalle Lake in
7.9Hubbard County. A list of proposed land
7.10acquisitions must be provided as part of
7.11the required accomplishment plan. If the
7.12acquisition is not completed by July 15,
7.132012, or if a balance remains after acquisition
7.14of land, the money under this paragraph is
7.15available for acquisition under subdivision
7.162, paragraph (a).
7.17(c) Accelerated Forest Habitat
7.18Enhancement - Phase II
7.19$826,000 the first year is to the commissioner
7.20of natural resources to restore and enhance
7.21lands in state forests, pursuant to Minnesota
7.22Statutes, section 89.021.
7.23(d) Northeastern Minnesota Sharp-Tailed
7.24Grouse Habitat Partnership - Phase II
7.25$988,000 the first year is to the commissioner
7.26of natural resources for an agreement with
7.27Pheasants Forever in cooperation with the
7.28Minnesota Sharp-Tailed Grouse Society
7.29to acquire and enhance lands for wildlife
7.30management area purposes under Minnesota
7.31Statutes, section 86A.05, subdivision
7.328. A list of proposed land acquisitions
7.33must be provided as part of the required
7.34accomplishment plan.
8.1(e) Lower Mississippi River Habitat
8.2Partnership - Phase II
8.3$707,000 the first year is to the commissioner
8.4of natural resources to acquire and enhance
8.5habitat in the lower Root River and
8.6lower Zumbro River watersheds, pursuant
8.7to Minnesota Statutes, section 86A.05,
8.8subdivisions 7 and 8. A list of proposed land
8.9acquisitions must be provided as part of the
8.10required accomplishment plan.
8.11(f) Protect Key Forest Habitat Lands in
8.12Cass County - Phase II
8.13$604,000 the first year is to the commissioner
8.14of natural resources for an agreement with
8.15Cass County to acquire land in fee for forest
8.16wildlife habitat. A list of proposed land
8.17acquisitions must be provided as part of the
8.18required accomplishment plan.
8.19(g) State Forest Acquisition
8.20$1,205,000 the first year is to the
8.21commissioner of natural resources to acquire
8.22land in fee and permanent management
8.23access easements for state forests under
8.24Minnesota Statutes, section 86A.05,
8.25subdivision 7. A list of proposed land
8.26acquisitions must be provided as part of the
8.27required accomplishment plan.
8.29(a) Reinvest in Minnesota Wetlands
8.30Reserve Acquisition and Restoration
8.31Program Partnership - Phase III
8.32$13,000,000 the first year is to the Board
8.33of Water and Soil Resources to acquire
8.34permanent conservation easements and
9.1restore wetlands and associated upland
9.2habitat in cooperation with the United States
9.3Department of Agriculture Wetlands Reserve
9.4Program. A list of proposed land acquisitions
9.5must be provided as part of the required
9.6accomplishment plan. The accomplishment
9.7plan must include an easement monitoring
9.8and enforcement plan. Up to $112,000 is for
9.9establishing a monitoring and enforcement
9.10fund as approved in the accomplishment plan
9.11and subject to subdivision 15. An annual
9.12financial report is required for any monitoring
9.13and enforcement fund established, including
9.14expenditures from the fund and a description
9.15of monitoring and 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 Board of
9.26Water and Soil Resources for an agreement
9.27with Ducks Unlimited to acquire wild
9.28rice lake shoreland habitat in fee and as
9.29permanent conservation easements as
9.30follows: $500,000 to the Department of
9.31Natural Resources; $1,100,000 to the Board
9.32of Water and Soil Resources; and $291,000
9.33to Ducks Unlimited. A list of proposed
9.34land acquisitions must be provided as
9.35part of the required accomplishment plan.
10.1The accomplishment plan must include
10.2an easement monitoring and enforcement
10.3plan. Up to $18,000 is for establishing
10.4a monitoring and enforcement fund as
10.5approved in the accomplishment plan
10.6and subject to subdivision 15. An annual
10.7financial report is required for any monitoring
10.8and enforcement fund established, including
10.9expenditures from the fund.
10.11(a) Accelerated Aquatic Management
10.12Area Habitat Program - Phase III
10.13$6,500,000 the first year is to the
10.14commissioner of natural resources to
10.15acquire interests in land in fee or permanent
10.16conservation easements for aquatic
10.17management areas under Minnesota Statutes,
10.18sections 86A.05, subdivision 14, and 97C.02,
10.19and to restore and enhance aquatic habitat. A
10.20list of proposed acquisitions and stream and
10.21lake habitat restorations and enhancements
10.22must be provided as part of the required
10.23accomplishment plan. The accomplishment
10.24plan must include an easement monitoring
10.25and enforcement plan.
10.26(b) Coldwater Fish Habitat Enhancement
10.27Program - Phase III
10.28$1,533,000 the first year is to the
10.29commissioner of natural resources for an
10.30agreement with Minnesota Trout Unlimited
10.31to restore, enhance, and protect coldwater
10.32river and stream habitats in Minnesota. A list
10.33of proposed projects, describing types and
10.34locations of restorations and enhancements,
11.1must be provided as part of the required
11.2accomplishment plan.
11.3(c) Land Addition to the Janet Johnson
11.4Memorial Wildlife Management Area
11.5$577,000 the first year is to the commissioner
11.6of natural resources for an agreement with
11.7Chisago County to acquire land in fee to
11.8be added to the Janet Johnson Memorial
11.9Wildlife Management Area under Minnesota
11.10Statutes, section 86A.05, subdivision
11.118. A list of proposed land acquisitions
11.12must be provided as part of the required
11.13accomplishment plan.
11.14(d) Metro Big Rivers Habitat - Phase II
11.15$5,000,000 the first year is to the
11.16commissioner of natural resources for
11.17agreements to acquire interests in land in
11.18fee or permanent conservation easements
11.19and to restore and enhance natural systems
11.20associated with the Mississippi, Minnesota,
11.21and St. Croix Rivers as follows: $960,000
11.22to the Minnesota Valley National Wildlife
11.23Refuge Trust, Inc.; $150,000 to Great
11.24River Greening; $840,000 to Minnesota
11.25Land Trust; $150,000 to Friends of the
11.26Mississippi River; and $2,900,000 to The
11.27Trust for Public Land. A list of proposed
11.28projects, describing types and locations of
11.29acquisitions, restorations, and enhancements,
11.30must be provided as part of the required
11.31accomplishment plan. The accomplishment
11.32plan must include an easement monitoring
11.33and enforcement plan. Money appropriated
11.34from the outdoor heritage fund for easement
11.35acquisition may be used to establish a
12.1monitoring and enforcement fund as
12.2approved in the accomplishment plan
12.3and subject to subdivision 15. An annual
12.4financial report is required for any monitoring
12.5and enforcement fund established, including
12.6expenditures from the fund.
12.7(e) Protecting Sensitive Shorelands in
12.8North Central Minnesota
12.9$1,098,000 the first year is to the
12.10commissioner of natural resources for
12.11agreements with the Leech Lake Watershed
12.12Foundation and the Minnesota Land Trust
12.13as follows: $339,000 to the Leech Lake
12.14Watershed Foundation; $741,000 to the
12.15Minnesota Land Trust; and $18,000 to the
12.16Department of Natural Resources to pay for
12.17acquisition-related expenses and monitoring
12.18costs of donated permanent conservation
12.19easements on sensitive shorelands in north
12.20central Minnesota. A list of proposed land
12.21acquisitions must be provided as part of
12.22the required accomplishment plan. The
12.23accomplishment plan must include an
12.24easement monitoring and enforcement
12.25plan. Up to $342,000 is for establishing
12.26a monitoring and enforcement fund as
12.27approved in the accomplishment plan
12.28and subject to subdivision 15. An annual
12.29financial report is required for any monitoring
12.30and enforcement fund established, including
12.31expenditures from the fund.
12.32(f) Restoring Native Habitat and Water
12.33Quality to Shell Rock River - Phase II
12.34$2,577,000 the first year is to the
12.35commissioner of natural resources for
13.1an agreement with the Shell Rock River
13.2Watershed District to acquire land in fee
13.3at the headwaters of the Shell Rock River
13.4for aquatic management area purposes
13.5under Minnesota Statutes, sections 86A.05,
13.6subdivision 14, and 97C.02, to restore
13.7and enhance aquatic habitat. The leases
13.8for gravel mining existing at the time of
13.9acquisition may not be extended and all gross
13.10income generated from mining operations
13.11must be transferred to the commissioner of
13.12management and budget and credited to the
13.13outdoor heritage fund. A list of proposed
13.14land acquisitions must be provided as part of
13.15the required accomplishment plan.
13.16(g) Outdoor Heritage Conservation
13.17Partners Grant Program - Phase III
13.18$5,629,000 the first year is to the
13.19commissioner of natural resources for a
13.20program to provide competitive, matching
13.21grants of up to $400,000 to local, regional,
13.22state, and national organizations for
13.23enhancement, restoration, or protection of
13.24forests, wetlands, prairies, and habitat for
13.25fish, game, or wildlife in Minnesota. Grants
13.26shall not be made for activities required to
13.27fulfill the duties of owners of lands subject
13.28to conservation easements. Grants shall
13.29not be made from appropriations in this
13.30paragraph for projects that have a total
13.31project cost exceeding $475,000. $319,000
13.32of this appropriation may be spent for
13.33personnel costs and other administrative
13.34costs. Grantees may acquire land or interests
13.35in land. Easements must be permanent.
13.36Land acquired in fee must be open to
14.1hunting and fishing during the open season
14.2unless otherwise provided by state law. The
14.3program shall require a match of at least ten
14.4percent from nonstate sources for grants of
14.5$100,000 or less and a match of at least 15
14.6percent from nonstate sources for grants over
14.7$100,000. Up to one-third of the match may
14.8be in-kind resources. For grant applications
14.9of $25,000 or less, the commissioner shall
14.10provide a separate, simplified application
14.11process. The criteria for evaluating grant
14.12applications over $25,000 must include the
14.13amount of habitat restored, enhanced, or
14.14protected; local support; encouragement
14.15of a local conservation culture; urgency;
14.16capacity to achieve multiple benefits;
14.17habitat benefits provided; consistency with
14.18current conservation science; adjacency
14.19to protected lands; full funding of the
14.20project; supplementing existing funding;
14.21public access for hunting and fishing during
14.22the open season; sustainability; degree
14.23of collaboration; and use of native plant
14.24materials. All projects must conform to
14.25the Minnesota statewide conservation and
14.26preservation plan. Wildlife habitat projects
14.27must also conform to the Minnesota wildlife
14.28action plan. Subject to the evaluation
14.29criteria and requirements of this paragraph
14.30and Minnesota Statutes, the commissioner
14.31of natural resources shall give priority to
14.32organizations that have a history of receiving
14.33or charter to receive private contributions
14.34for local conservation or habitat projects
14.35when evaluating projects of equal value. If
14.36acquiring land or a conservation easement,
15.1priority shall be given to projects associated
15.2with existing wildlife management areas
15.3under Minnesota Statutes, section 86A.05,
15.4subdivision 8; scientific and natural areas
15.5under Minnesota Statutes, sections 84.033
15.6and 86A.05, subdivision 5; and aquatic
15.7management areas under Minnesota Statutes,
15.8sections 86A.05, subdivision 14, and 97C.02.
15.9All restoration or enhancement projects
15.10must be on land permanently protected by a
15.11conservation easement or public ownership
15.12or in public waters as defined in Minnesota
15.13Statutes, section 103G.005, subdivision
15.1415. Priority shall be given to restoration
15.15and enhancement projects on public lands.
15.16Subdivision 9 applies to grants awarded
15.17under this paragraph. This appropriation is
15.18available until June 30, 2015. No less than
15.19five percent of the amount of each grant
15.20must be held back from reimbursement until
15.21the grant recipient has completed a grant
15.22accomplishment report by the deadline and
15.23in the form prescribed by and satisfactory to
15.24the Lessard-Sams Outdoor Heritage Council.
15.25The commissioner shall provide notice of the
15.26grant program in the 2011 game and fish law
15.27summaries that are prepared under Minnesota
15.28Statutes, section 97A.051, subdivision 2.
15.30(a) Contract Management
15.31$175,000 the first year is to the commissioner
15.32of natural resources for contract management
15.33duties assigned in this section. The
15.34commissioner shall provide documentation
16.1to the Legislative Coordinating Commission
16.2on the expenditure of these funds.
16.3(b) Legislative Coordinating Commission
16.4(1) $471,000 the first year and $471,000
16.5the second year are to the Legislative
16.6Coordinating Commission for two years of
16.7administrative expenses of the Lessard-Sams
16.8Outdoor Heritage Council and for two years
16.9of compensation and expense reimbursement
16.10of council members.
16.11(2) $13,000 the first year is to the Legislative
16.12Coordinating Commission for the Web site
16.13required under Minnesota Statutes, section
16.143.303, subdivision 10.
16.15(c) Technical Evaluation Panel
16.16$42,000 the first year is to the commissioner
16.17of natural resources for a technical evaluation
16.18panel to conduct up to ten restoration
16.19evaluations under Minnesota Statutes,
16.20section 97A.056, subdivision 10.
16.22Money appropriated in this section may
16.23not be spent on activities unless they are
16.24directly related to and necessary for a
16.25specific appropriation and are specified
16.26in the accomplishment plan. Money
16.27appropriated in this section must not be
16.28spent on indirect costs or other institutional
16.29overhead charges that are not directly related
16.30to and necessary for a specific appropriation.
16.31Unless otherwise provided, the amounts
16.32in this section are available until June 30,
16.332014, when projects must be completed and
16.34final accomplishments reported. Funds for
17.1restoration or enhancement are available
17.2until June 30, 2016, or four years after
17.3acquisition, whichever is later, in order to
17.4complete restoration or enhancement work.
17.5If a project receives federal funds, the time
17.6period of the appropriation is extended to
17.7equal the availability of federal funding.
17.8Funds appropriated for fee title acquisition
17.9of land may be used to restore, enhance, and
17.10provide for the public use of land acquired
17.11with the appropriation. Public use facilities
17.12must have a minimal impact on habitat on
17.13acquired lands.
17.15It is a condition of acceptance of the
17.16appropriations made under this section that
17.17the agency or entity using the appropriation
17.18submit to the Lessard-Sams Outdoor
17.19Heritage Council an accomplishment plan
17.20and periodic accomplishment reports in
17.21the form determined by the council. The
17.22accomplishment plan must identify the
17.23project manager responsible for expending
17.24the appropriation and the final product. The
17.25accomplishment plan must account for the
17.26use of the appropriation and outcomes of
17.27the expenditure in measures of wetlands,
17.28prairies, forests, and fish, game, and wildlife
17.29habitat restored, protected, and enhanced.
17.30The plan must include an evaluation of
17.31results. None of the money provided in this
17.32section may be expended unless the council
17.33has approved the pertinent accomplishment
17.34plan.
18.1(a) As a condition of accepting an
18.2appropriation made under this section, an
18.3agency or entity receiving an appropriation
18.4must comply with this subdivision for any
18.5project funded in whole or in part with funds
18.6from the appropriation.
18.7(b) All conservation easements acquired with
18.8money appropriated under this section must:
18.9(1) be permanent; (2) specify the parties to
18.10the easement; (3) specify all of the provisions
18.11of an agreement that are permanent; (4)
18.12specify the habitat types and location
18.13being protected; (5) where appropriate for
18.14conservation or water protection outcomes,
18.15require the grantor to employ practices
18.16retaining water on the eased land as long as
18.17practicable; (6) specify the responsibilities
18.18of the parties for habitat enhancement and
18.19restoration and the associated costs of these
18.20activities; (7) be sent to the office of the
18.21Lessard-Sams Outdoor Heritage Council; (8)
18.22include a long-term stewardship plan and
18.23identify the sources and amount of funding
18.24for monitoring and enforcing the easement
18.25agreement; and (9) identify the parties
18.26responsible for monitoring and enforcing the
18.27easement agreement.
18.28(c) For all restorations, a recipient must
18.29prepare and retain an ecological restoration
18.30and management plan that, to the degree
18.31practicable, is consistent with current
18.32conservation science and ecological goals
18.33for the restoration site. Consideration should
18.34be given to soil, geology, topography, and
18.35other relevant factors that would provide
18.36the best chance for long-term success and
19.1durability of the restoration projects. The
19.2plan must include the proposed timetable for
19.3implementing the restoration, including, but
19.4not limited to, site preparation, establishment
19.5of diverse plant species, maintenance, and
19.6additional enhancement to establish the
19.7restoration; identify long-term maintenance
19.8and management needs of the restoration
19.9and how the maintenance, management,
19.10and enhancement will be financed; and use
19.11current conservation science to achieve the
19.12best restoration.
19.13(d) For new lands acquired, a recipient
19.14must prepare a restoration and management
19.15plan in compliance with paragraph (c),
19.16including identification of sufficient funding
19.17for implementation.
19.18(e) To ensure public accountability for the
19.19use of public funds, a recipient must provide
19.20to the Lessard-Sams Outdoor Heritage
19.21Council documentation of the process
19.22used to select parcels acquired in fee or as
19.23permanent conservation easements and must
19.24provide the council with documentation
19.25of all related transaction costs, including,
19.26but not limited to, appraisals, legal fees,
19.27recording fees, commissions, other similar
19.28costs, and donations. This information
19.29must be provided for all parties involved
19.30in the transaction. The recipient must
19.31also report to the Lessard-Sams Outdoor
19.32Heritage Council any difference between the
19.33acquisition amount paid to the seller and the
19.34state-certified or state-reviewed appraisal, if
19.35a state-certified or state-reviewed appraisal
19.36was conducted. Acquisition data such
20.1as appraisals may remain private during
20.2negotiations but must ultimately be made
20.3public according to Minnesota Statutes,
20.4chapter 13.
20.5(f) Except as otherwise provided in this
20.6section, all restoration and enhancement
20.7projects funded with money appropriated
20.8under this section must be on land
20.9permanently protected by a conservation
20.10easement or public ownership or in public
20.11waters as defined in Minnesota Statutes,
20.12section 103G.005, subdivision 15.
20.13(g) To the extent an appropriation is used to
20.14acquire an interest in real property, a recipient
20.15of an appropriation under this section must
20.16provide to the Lessard-Sams Outdoor
20.17Heritage Council and the commissioner
20.18of management and budget an analysis of
20.19increased operations and maintenance costs
20.20likely to be incurred by public entities as
20.21a result of the acquisition and of how these
20.22costs are to be paid.
20.23(h) A recipient of money from an
20.24appropriation under this section must give
20.25consideration to and make timely written
20.26contact with Conservation Corps Minnesota
20.27for possible use of the corps' services to
20.28contract for restoration and enhancement
20.29services. A copy of the written contact
20.30must be filed with the Lessard-Sams
20.31Outdoor Heritage Council within 15 days of
20.32execution.
20.33(i) A recipient of money under this section
20.34must erect signage according to Laws 2009,
20.35chapter 172, article 5, section 10.
21.3All agreements, grants, or contracts referred
21.4to in this section must be administered on
21.5a reimbursement basis unless otherwise
21.6provided in this section. Notwithstanding
21.7Minnesota Statutes, section 16A.41,
21.8expenditures directly related to each
21.9appropriation's purpose made on or after July
21.101, 2011, are eligible for reimbursement unless
21.11otherwise provided in this section. Periodic
21.12reimbursement must be made upon receiving
21.13documentation that the deliverable items
21.14articulated in the approved accomplishment
21.15plan have been achieved, including partial
21.16achievements as evidenced by approved
21.17progress reports. Reasonable amounts may
21.18be advanced to projects to accommodate
21.19cash flow needs, support future management
21.20of acquired lands, or match a federal share.
21.21The advances must be approved as part of
21.22the accomplishment plan. Capital equipment
21.23expenditures for specific items in excess of
21.24$10,000 must be itemized in and approved as
21.25part of the accomplishment plan.
21.28A political subdivision, public or private
21.29corporation, or other entity that receives an
21.30appropriation under this section must use the
21.31appropriation in compliance with Minnesota
21.32Statutes, sections 16B.121, regarding
21.33purchase of recycled, repairable, and durable
21.34materials, and 16B.122, regarding purchase
21.35and use of paper stock and printing.
22.2Structural and nonstructural facilities must
22.3meet the design standards in the Americans
22.4with Disabilities Act (ADA) accessibility
22.5guidelines.
22.7(a) An interest in real property, including, but
22.8not limited to, an easement or fee title that
22.9is acquired with money appropriated under
22.10this section must be used in perpetuity or for
22.11the specific term of an easement interest for
22.12the purpose for which the appropriation was
22.13made.
22.14(b) A recipient of funding who acquires
22.15an interest in real property subject to this
22.16subdivision may not alter the intended use
22.17of the interest in real property or convey
22.18any interest in the real property acquired
22.19with the appropriation without the prior
22.20review and approval of the Lessard-Sams
22.21Outdoor Heritage Council or its successor.
22.22The council shall notify the chairs and
22.23ranking minority members of the legislative
22.24committees and divisions with jurisdiction
22.25over the outdoor heritage fund at least 15
22.26business days before approval under this
22.27paragraph. The council shall establish
22.28procedures to review requests from recipients
22.29to alter the use of or convey an interest in
22.30real property. These procedures shall allow
22.31for the replacement of the interest in real
22.32property with another interest in real property
22.33meeting the following criteria: (1) the
22.34interest must be at least equal in fair market
22.35value, as certified by the commissioner
23.1of natural resources, to the interest being
23.2replaced; and (2) the interest must be in a
23.3reasonably equivalent location and have a
23.4reasonably equivalent useful conservation
23.5purpose compared to the interest being
23.6replaced, taking into consideration all effects
23.7from fragmentation of the whole habitat.
23.8(c) A recipient of funding who acquires an
23.9interest in real property under paragraph
23.10(a) must separately record a notice of
23.11funding restrictions in the appropriate local
23.12government office where the conveyance
23.13of the interest in real property is filed. The
23.14notice of funding agreement must contain:
23.15(1) a legal description of the interest in real
23.16property covered by the funding agreement;
23.17(2) a reference to the underlying funding
23.18agreement; (3) a reference to this section; and
23.19(4) the following statement: "This interest
23.20in real property shall be administered in
23.21accordance with the terms, conditions, and
23.22purposes of the grant agreement controlling
23.23the acquisition of the property. The interest
23.24in real property, or any portion of the interest
23.25in real property, shall not be sold, transferred,
23.26pledged, or otherwise disposed of or further
23.27encumbered without obtaining the prior
23.28written approval of the Lessard-Sams
23.29Outdoor Heritage Council or its successor.
23.30The ownership of the interest in real property
23.31shall transfer to the state if: (1) the holder of
23.32the interest in real property fails to comply
23.33with the terms and conditions of the grant
23.34agreement or accomplishment plan; or
23.35(2) restrictions are placed on the land that
24.1preclude its use for the intended purpose as
24.2specified in the appropriation."
24.4By December 1 each year, a recipient of
24.5money appropriated under this section that
24.6is used for the acquisition of an interest in
24.7real property, including, but not limited to,
24.8an easement or fee title, must submit annual
24.9reports on the status of the real property to
24.10the Lessard-Sams Outdoor Heritage Council
24.11or its successor in a form determined by the
24.12council. The responsibility for reporting
24.13under this section may be transferred by
24.14the recipient of the appropriation to another
24.15person or entity that holds the interest in the
24.16real property. To complete the transfer of
24.17reporting responsibility, the recipient of the
24.18appropriation must: (1) inform the person
24.19to whom the responsibility is transferred of
24.20that person's reporting responsibility; (2)
24.21inform the person to whom the responsibility
24.22is transferred of the property restrictions
24.23under subdivision 13; and (3) provide written
24.24notice to the council of the transfer of
24.25reporting responsibility, including contact
24.26information for the person to whom the
24.27responsibility is transferred. After the
24.28transfer, the person or entity that holds the
24.29interest in the real property is responsible for
24.30reporting requirements under this section.
24.33Money appropriated under this section
24.34for easement monitoring and enforcement
24.35may be spent only on activities included in
25.1an easement monitoring and enforcement
25.2plan contained within the accomplishment
25.3plan. Money received for monitoring
25.4and enforcement, including earnings on
25.5the money received, shall be kept in a
25.6monitoring and enforcement fund held by
25.7the organization and is appropriated for
25.8monitoring and enforcing conservation
25.9easements within Minnesota. Within 120
25.10days after the close of the entity's fiscal
25.11year, an entity receiving appropriations for
25.12easement monitoring and enforcement must
25.13provide an annual financial report to the
25.14Lessard-Sams Outdoor Heritage Council on
25.15the easement monitoring and enforcement
25.16fund as specified in the accomplishment plan.
25.17Money appropriated under this section for
25.18monitoring and enforcement of easements
25.19and earnings on the money appropriated
25.20shall revert to the state if: (1) the easement
25.21transfers to the state under subdivision 13;
25.22(2) the holder of the easement fails to file
25.23an annual report and then fails to cure that
25.24default within 30 days of notification of the
25.25default by the state; or (3) the holder of the
25.26easement fails to comply with the terms
25.27of the monitoring and enforcement plan
25.28contained within the accomplishment plan
25.29and fails to cure that default within 90 days
25.30of notification of the default by the state.
25.32The Lessard-Sams Outdoor Heritage Council
25.33may approve the continuation of a project
25.34with an organization that has adopted
25.35a new name. Continuation of a project
25.36with an organization that has undergone
26.1a significant change in mission, structure,
26.2or purpose requires: (1) notice to the
26.3chairs of the legislative committees with
26.4relevant jurisdiction; and (2) presentation
26.5by the council of proposed legislation either
26.6ratifying or rejecting continued involvement
26.7with the new organization.
26.11Of the amount appropriated in Laws 2009,
26.12chapter 172, article 1, section 2, subdivision
26.132, paragraph (f), up to $65,000 is for deposit
26.14in a monitoring and enforcement account as
26.15authorized in subdivision 15.
26.18Of the amount appropriated in Laws 2010,
26.19chapter 361, article 1, section 2, subdivision
26.203, paragraph (a), up to $187,000 is for deposit
26.21in a monitoring and enforcement account as
26.22authorized in subdivision 15.
26.25Of the amount appropriated in Laws 2010,
26.26chapter 361, article 1, section 2, subdivision
26.275, paragraph (d), up to $80,000 is for deposit
26.28in a monitoring and enforcement account as
26.29authorized in subdivision 15.
26.31Of the amount appropriated in Laws 2010,
26.32chapter 361, article 1, section 2, subdivision
26.335, paragraph (e), up to $12,000 is for deposit
26.34in a monitoring and enforcement account as
26.35authorized in subdivision 15.
27.1 Sec. 3. [84.68] FORESTS FOR THE FUTURE CONSERVATION EASEMENT
27.2ACCOUNT.
27.3 Subdivision 1. Account established; sources. The forests for the future
27.4conservation easement account is created in the natural resources fund in the state treasury.
27.5The following revenue shall be deposited in the account:
27.6(1) contributions to the account or specified for any purposes of the account;
27.7(2) financial contributions required under section 84.66, subdivision 11, or other
27.8applicable law; and
27.9(3) money appropriated or transferred for the purposes described in subdivision 2.
27.10Interest earned on money in the account accrues to the account.
27.11 Subd. 2. Appropriation; purposes of account. Four percent of the balance on July
27.121 in the forests for the future conservation easement account is annually appropriated
27.13to the commissioner of natural resources and may be spent only to cover the costs of
27.14managing forests for the future conservation easements held by the Department of Natural
27.15Resources, including costs incurred from monitoring, landowner contracts, record keeping,
27.16processing landowner notices, requests for approval or amendments, and enforcement.
27.17EFFECTIVE DATE.This section is effective the day following final enactment.
27.18 Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
27.19to read:
27.20 Subd. 1a. Definitions. For the purpose of appropriations from the outdoor heritage
27.21fund, "recipient" means the entity responsible for deliverables financed by the outdoor
27.22heritage fund.
27.23EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
27.24 Sec. 5. Minnesota Statutes 2010, section 97A.056, subdivision 2, is amended to read:
27.25 Subd. 2. Lessard-Sams Outdoor Heritage Council. (a) The Lessard-Sams
27.26Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of:
27.27 (1) two public members appointed by the senate Subcommittee on Committees of
27.28the Committee on Rules and Administration;
27.29 (2) two public members appointed by the speaker of the house;
27.30 (3) four public members appointed by the governor;
27.31 (4) two members of the senate appointed by the senate Subcommittee on Committees
27.32of the Committee on Rules and Administration; and
28.1 (5) two members of the house of representatives appointed by the speaker of the
28.2house.
28.3 (b) Members appointed under paragraph (a) must not be registered lobbyists.
28.4In making appointments, the governor, senate Subcommittee on Committees of the
28.5Committee on Rules and Administration, and the speaker of the house shall consider
28.6geographic balance, gender, age, ethnicity, and varying interests including hunting and
28.7fishing. The governor's appointments to the council are subject to the advice and consent
28.8of the senate.
28.9 (c) Public members appointed under paragraph (a) shall have practical experience
28.10or expertise or demonstrated knowledge in the science, policy, or practice of restoring,
28.11protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
28.12wildlife.
28.13 (d) Legislative members appointed under paragraph (a) shall include the chairs
28.14of the legislative committees with jurisdiction over environment and natural resources
28.15finance or their designee, one member from the minority party of the senate, and one
28.16member from the minority party of the house of representatives.
28.17 (e) Public members serve four-year termsand. Appointed legislative members serve
28.18at the pleasure of the appointing authority. Public and legislative members continue to
28.19serve until their successors are appointed. Public members shall be initially appointed
28.20according to the following schedule of terms:
28.21 (1) two public members appointed by the governor for a term ending the first
28.22Monday in January 2011;
28.23 (2) one public member appointed by the senate Subcommittee on Committees of the
28.24Committee on Rules and Administration for a term ending the first Monday in January
28.252011;
28.26 (3) one public member appointed by the speaker of the house for a term ending
28.27the first Monday in January 2011;
28.28 (4) two public members appointed by the governor for a term ending the first
28.29Monday in January 2013;
28.30 (5) one public member appointed by the senate Subcommittee on Committees of the
28.31Committee on Rules and Administration for a term ending the first Monday in January
28.322013; and
28.33 (6) one public member appointed by the speaker of the house for a term ending the
28.34first Monday in January 2013; and.
28.35(7) two members of the senate appointed by the senate Subcommittee on Committees
28.36of the Committee on Rules and Administration for a term ending the first Monday in
29.1January 2013, and two members of the house of representatives appointed by the speaker
29.2of the house for a term ending the first Monday in January 2013.
29.3 (f)Compensation Terms, compensation, and removal of public members are as
29.4provided in section15.0575 . A vacancy on the council may be filled by the appointing
29.5authority for the remainder of the unexpired term.
29.6 (g) The first meeting of the council shall be convened by the chair of the Legislative
29.7Coordinating Commission no later than December 1, 2008. Members shall elect a chair,
29.8vice-chair, secretary, and other officers as determined by the council. The chair may
29.9convene meetings as necessary to conduct the duties prescribed by this section.
29.10 (h) Upon coordination withand approval by the Legislative Coordinating
29.11Commission, the council may appoint nonpartisan staff and contract with consultants
29.12as necessary to carry out the functions of the council. Up to one percent of the money
29.13appropriated from the fund may be used to pay for administrative expenses of the council
29.14and for compensation and expense reimbursement of council members.
29.15 Sec. 6. Minnesota Statutes 2010, section 97A.056, subdivision 3, is amended to read:
29.16 Subd. 3. Council recommendations. (a) The council shall make recommendations
29.17to the legislature on appropriations of money from the outdoor heritage fund that are
29.18consistent with the Constitution and state law and that will achieve the outcomes of
29.19existing natural resource plans, including, but not limited to, the Minnesota Statewide
29.20Conservation and Preservation Plan, that directly relate to the restoration, protection, and
29.21enhancement of wetlands, prairies, forests, and habitat for fish, game, and wildlife, and
29.22that prevent forest fragmentation, encourage forest consolidation, and expand restored
29.23native prairie. In making recommendations, the council shall consider a range of options
29.24that would best restore, protect, and enhance wetlands, prairies, forests, and habitat
29.25for fish, game, and wildlife, and shall not adopt definitions of "restore", "protect", or
29.26"enhance" that would limit the council from considering options that are consistent with
29.27the Constitution. The council shall submit its initial recommendations to the legislature no
29.28later than April 1, 2009. Subsequent. The council's recommendations shall be submitted
29.29no later than January 15 each year. The council shall present its recommendations to the
29.30senate and house of representatives committees with jurisdiction over the environment
29.31and natural resources budget by February 15 in odd-numbered years, and within the
29.32first four weeks of the legislative session in even-numbered years. The council's budget
29.33recommendations to the legislature shall be separate from the Department of Natural
29.34Resource's budget recommendations.
30.1 (b) To encourage and support local conservation efforts, the council shall establish a
30.2conservation partners program. Local, regional, state, or national organizations may apply
30.3for matching grants for restoration, protection, and enhancement of wetlands, prairies,
30.4forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation,
30.5encouragement of forest consolidation, and expansion of restored native prairie.
30.6 (c) The council may work with the Clean Water Council to identify projects that
30.7are consistent with both the purpose of the outdoor heritage fund and the purpose of
30.8the clean water fund.
30.9 (d) The council may make recommendations to the Legislative-Citizen Commission
30.10on Minnesota Resources on scientific research that will assist in restoring, protecting, and
30.11enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing
30.12forest fragmentation, encouraging forest consolidation, and expanding restored native
30.13prairie.
30.14 (e) Recommendations of the council, including approval of recommendations for the
30.15outdoor heritage fund, require an affirmative vote of at least nine members of the council.
30.16(f) The council may work with the Clean Water Council, the Legislative-Citizen
30.17Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and
30.18water conservation districts, and experts from Minnesota State Colleges and Universities
30.19and the University of Minnesota in developing the council's recommendations.
30.20(g) The council shall develop and implement a process that ensures that citizens
30.21and potential recipients of funds are included throughout the process, including the
30.22development and finalization of the council's recommendations. The process must include
30.23a fair, equitable, and thorough process for reviewing requests for funding and a clear and
30.24easily understood process for ranking projects.
30.25(h) The council shall use the regions of the state based upon the ecologicalregions
30.26sections andsubregions subsections developed by the Department of Natural Resources
30.27and establish objectives for each region and subregion to achieve the purposes of the fund
30.28outlined in the state constitution.
30.29(i) The council shall develop and submit to the Legislative Coordinating Commission
30.30plans for the first ten years of funding, and a framework for 25 years of funding, consistent
30.31with statutory and constitutional requirements. The council may use existing plans from
30.32other legislative, state, and federal sources, as applicable.
30.33 Sec. 7. Minnesota Statutes 2010, section 97A.056, subdivision 6, is amended to read:
30.34 Subd. 6. Audit. The legislative auditor shall audit the outdoor heritage fund
30.35expenditures, including administrative and staffing expenditures,every two years to
31.1ensure that the money is spentto restore, protect, and enhance wetlands, prairies, forests,
31.2and habitat for fish, game, and wildlife in compliance with all applicable law and the
31.3Constitution.
31.4 Sec. 8. Minnesota Statutes 2010, section 97A.056, subdivision 9, is amended to read:
31.5 Subd. 9. Lands in public domain. Money appropriated from the outdoor heritage
31.6fund shall not be used to purchase any land in fee title or a permanent conservation
31.7easement if the land in question is fully or partially owned by the state of Minnesota
31.8or a political subdivision of the state, unless: (1) the purchase creates additional direct
31.9benefit to protect, restore, or enhance the state's wetlands, prairies, forests, or habitat
31.10for fish, game, and wildlife; and (2) the purchase is approved by an affirmative vote of
31.11at least nine members of the council.At least 15 business days prior to a decision under
31.12this subdivision, the council shall submit the planned decision item to the Legislative
31.13Coordinating Commission. The planned decision item takes effect 15 business days
31.14after it is submitted by the council.
31.15 Sec. 9. Minnesota Statutes 2010, section 97A.056, subdivision 10, is amended to read:
31.16 Subd. 10. Restoration evaluations.Beginning July 1, 2011, The commissioner
31.17of natural resources and the Board of Water and Soil Resourcesshall may convene
31.18a technical evaluation panel comprised of five members, including one technical
31.19representative from the Board of Water and Soil Resources, one technical representative
31.20from the Department of Natural Resources, one technical expert from the University of
31.21Minnesota or the Minnesota State Colleges and Universities, and two representatives
31.22with expertise in the project being evaluated. The board and the commissioner may add
31.23a technical representative from a unit of federal or local government. The members of
31.24the technical evaluation panel may not be associated with the restoration, may vary
31.25depending upon the projects being reviewed, and shall avoid any potential conflicts of
31.26interest. Each year, the board and the commissionershall may assign a coordinator to
31.27identify a sample of up to ten habitat restoration projects completed with outdoor heritage
31.28funding. The coordinator shall secure the restoration plans for the projects specified and
31.29direct the technical evaluation panel to evaluate the restorations relative to the law, current
31.30science, and the stated goals and standards in the restoration plan and, when applicable, to
31.31the Board of Water and Soil Resources' native vegetation establishment and enhancement
31.32guidelines. The coordinator shall summarize the findings of the panel and provide a report
31.33to the chair of the Lessard-Sams Outdoor Heritage Council and the chairs of the respective
31.34house of representatives and senate policy and finance committees with jurisdiction over
32.1natural resources and spending from the outdoor heritage fund. The report shall determine
32.2if the restorations are meeting planned goals, any problems with the implementation of
32.3restorations, and, if necessary, recommendations on improving restorations. The report
32.4shall be focused on improving future restorations. Up to one-tenth of one percent of
32.5forecasted receipts from the outdoor heritage fund may be used for restoration evaluations
32.6under this section.
32.7 Sec. 10. Laws 2009, chapter 172, article 1, section 2, subdivision 3, is amended to read:
32.9$18,000,000 in fiscal year 2010 and
32.10$18,000,000 in fiscal year 2011 are to the
32.11commissioner of natural resources to acquire
32.12land or permanent working forest easements
32.13on private forests in areas identified through
32.14the Minnesota forests for the future program
32.15under Minnesota Statutes, section84.66 .
32.16Up to $750,000 in fiscal year 2011 may
32.17be transferred to the forests for the future
32.18conservation easement account and used
32.19for the purposes specified under Minnesota
32.20Statutes, section 84.68, subdivision 2.
32.21Priority must be given to acquiring land
32.22or interests in private lands within existing
32.23Minnesota state forest boundaries. Any
32.24easements acquired must have a forest
32.25management plan as defined in Minnesota
32.26Statutes, section290C.02, subdivision 7 .
32.27A list of proposed fee title and easement
32.28acquisitions must be provided as part of the
32.29required accomplishment plan.The fiscal
32.30year 2011 appropriation is available only for
32.31acquisitions that, by August 15, 2009, are:
32.32(1) subject to a binding agreement with the
32.33commissioner; and
33.1(2) matched by at least $9,000,000 in private
33.2donations.
33.3EFFECTIVE DATE.This section is effective retroactively from June 29, 2011.
33.4 Sec. 11. Laws 2009, chapter 172, article 1, section 2, subdivision 15, is amended to
33.5read:
33.7By December 1 each year, a recipient of
33.8money appropriated under this section that
33.9is used for the acquisition of an interest in
33.10real property, including but not limited to
33.11an easement or fee title, must submit annual
33.12reports on the status of the real property to
33.13the Lessard Outdoor Heritage Council or
33.14its successor in a form determined by the
33.15council. The responsibility for reporting
33.16under this section may be transferred by
33.17the recipient of the appropriation to another
33.18person or entity that holds the interest in the
33.19real property. To complete the transfer of
33.20reporting responsibility, the recipient of the
33.21appropriation must:
33.22(1) inform the person to whom the
33.23responsibility is transferred of that person's
33.24reporting responsibility;
33.25(2) inform the person to whom the
33.26responsibility is transferred of the property
33.27restrictions under subdivision 14; and
33.28(3) provide written notice to the council
33.29of the transfer of reporting responsibility,
33.30including contact information for the person
33.31to whom the responsibility is transferred.
33.32Before the transfer, the entity receiving
33.33the transfer of property must certify to the
34.1Lessard Outdoor Heritage Council, or its
34.2successor, acceptance of all obligations and
34.3responsibilities held by the prior owner.
34.4After the transfer, the person or entity that
34.5holds the interest in the real property is
34.6responsible for reporting requirements under
34.7this section.
34.8 Sec. 12. Laws 2010, chapter 361, article 1, section 2, subdivision 14, is amended to
34.9read:
34.11By December 1 each year, a recipient of
34.12money appropriated under this section that
34.13is used for the acquisition of an interest in
34.14real property, including, but not limited to,
34.15an easement or fee title, must submit annual
34.16reports on the status of the real property to
34.17the Lessard-Sams Outdoor Heritage Council
34.18or its successor in a form determined by the
34.19council. The responsibility for reporting
34.20under this section may be transferred by
34.21the recipient of the appropriation to another
34.22person or entity that holds the interest in the
34.23real property. To complete the transfer of
34.24reporting responsibility, the recipient of the
34.25appropriation must: (1) inform the person
34.26to whom the responsibility is transferred of
34.27that person's reporting responsibility; (2)
34.28inform the person to whom the responsibility
34.29is transferred of the property restrictions
34.30under subdivision 13; and (3) provide written
34.31notice to the council of the transfer of
34.32reporting responsibility, including contact
34.33information for the person to whom the
34.34responsibility is transferred; and (4) provide
35.1the Lessard-Sams Outdoor Heritage Council
35.2or its successor written documentation from
35.3the person or entity holding the interest in
35.4real property certifying its acceptance of all
35.5reporting obligations and responsibilities
35.6previously held by the recipient of the
35.7appropriation. After the transfer, the person
35.8or entity that holds the interest in the
35.9real property is responsible for reporting
35.10requirements under this section.
35.11 Sec. 13. EFFECTIVE DATE; RELATIONSHIP TO OTHER
35.12APPROPRIATIONS.
35.13Unless otherwise specified, this article is effective retroactively from July 1, 2011,
35.14and supersedes and replaces funding authorized by order of the Second Judicial District
35.15Court in Case No. 62-CV-11-5203.
35.19The sums shown in the columns marked "Appropriations" are appropriated to the
35.20agencies and for the purposes specified in this article. The appropriations are from the
35.21clean water fund and are available for the fiscal years indicated for allowable activities
35.22under the Minnesota Constitution, article XI, section 15. The figures "2012" and "2013"
35.23used in this article mean that the appropriation listed under them are available for the
35.24fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The first year" is fiscal
35.25year 2012. "The second year" is fiscal year 2013. "The biennium" is fiscal years 2012
35.26and 2013. The appropriations in this article are onetime.
36.1The amounts that may be spent for each
36.2purpose are specified in the following
36.3sections.
36.5Money appropriated in this article may
36.6not be spent on activities unless they are
36.7directly related to and necessary for a specific
36.8appropriation. Money appropriated in this
36.9article must not be spent on indirect costs
36.10or other institutional overhead charges that
36.11are not directly related to and necessary for
36.12a specific appropriation. Notwithstanding
36.13Minnesota Statutes, section 16A.28, and
36.14unless otherwise specified in this article,
36.15fiscal year 2012 appropriations are available
36.16until June 30, 2013, and fiscal year 2013
36.17appropriations are available until June 30,
36.182014. If a project receives federal funds, the
36.19time period of the appropriation is extended
36.20to equal the availability of federal funding.
36.22(a) $350,000 the first year and $350,000 the
36.23second year are to increase monitoring for
36.24pesticides and pesticide degradates in surface
36.25water and groundwater and to use data
36.26collected to assess pesticide use practices.
36.27(b) $850,000 the first year and $850,000
36.28the second year are to increase monitoring
36.29and evaluate trends in the concentration of
36.30nitrates in groundwater in high-risk areas
36.31and regionally and to promote and evaluate
36.32regional and crop-specific nutrient best
36.33management practices. This appropriation is
36.34available until June 30, 2016.
37.1(c) $4,500,000 the first year and $4,500,000
37.2the second year are for the agriculture best
37.3management practices loan program. At
37.4least $3,500,000 the first year and at least
37.5$3,900,000 the second year are for transfer to
37.6the clean water agricultural best management
37.7practices loan account and are available
37.8for pass-through to local governments
37.9and lenders for low-interest loans under
37.10Minnesota Statutes, section 17.117. Any
37.11unencumbered balance that is not used for
37.12pass-through to local governments does not
37.13cancel at the end of the first year and is
37.14available for the second year.
37.15(d) $775,000 the first year and $775,000
37.16the second year are for research, pilot
37.17projects, and technical assistance on proper
37.18implementation of best management
37.19practices and more precise information on
37.20nonpoint contributions to impaired waters.
37.21This appropriation is available until June 30,
37.222016.
37.23(e) $1,050,000 the first year and $1,050,000
37.24the second year are for research to quantify
37.25agricultural contributions to impaired waters
37.26and for development and evaluation of
37.27best management practices to protect and
37.28restore water resources while maintaining
37.29productivity. This appropriation is available
37.30until June 30, 2016.
37.31(f) $175,000 the first year and $175,000 the
37.32second year are for a research inventory
37.33database containing water-related research
37.34activities. This appropriation is available
37.35until June 30, 2016.
38.2(a) $11,185,000 the first year and
38.3$11,185,000 the second year are for the total
38.4maximum daily load grant program under
38.5Minnesota Statutes, section 446A.073. This
38.6appropriation is available until June 30, 2016.
38.7(b) $4,275,000 the first year and $4,275,000
38.8the second year are for the clean water legacy
38.9phosphorus reduction grant program under
38.10Minnesota Statutes, section 446A.074. This
38.11appropriation is available until June 30, 2016.
38.12(c) $1,250,000 the first year and $1,250,000
38.13the second year are for small community
38.14wastewater treatment grants and loans under
38.15Minnesota Statutes, section 446A.075. This
38.16appropriation is available until June 30, 2016.
38.17(d) If there are any uncommitted funds at the
38.18end of each fiscal year under paragraph (a),
38.19(b), or (c), the Public Facilities Authority
38.20may transfer the remaining funds to eligible
38.21projects under any of the programs listed
38.22in this section based on their priority rank
38.23on the Pollution Control Agency's project
38.24priority list.
38.26(a) $7,500,000 the first year and $7,500,000
38.27the second year are for completion of 20
38.28percent of the needed statewide assessments
38.29of surface water quality and trends. Of
38.30this amount, $100,000 the first year and
38.31$100,000 the second year are for grants
38.32to the Red River Watershed Management
38.33Board to enhance and expand the existing
38.34water quality and watershed monitoring river
39.1watch activities in the schools in the Red
39.2River of the North. The Red River Watershed
39.3Management Board shall provide a report to
39.4the commissioner of the Pollution Control
39.5Agency and the legislative committees and
39.6divisions with jurisdiction over environment
39.7and natural resources finance and policy and
39.8the clean water fund by February 15, 2013,
39.9on the expenditure of these funds.
39.10(b) $9,400,000 the first year and $9,400,000
39.11the second year are to develop total maximum
39.12daily load (TMDL) studies and TMDL
39.13implementation plans for waters listed on
39.14the United States Environmental Protection
39.15Agency approved impaired waters list in
39.16accordance with Minnesota Statutes, chapter
39.17114D. The agency shall complete an average
39.18of ten percent of the TMDL's each year over
39.19the biennium.
39.20(c) $1,125,000 the first year and $1,125,000
39.21the second year are for groundwater
39.22assessment, including enhancing the
39.23ambient monitoring network, modeling,
39.24and continuing to monitor for and assess
39.25contaminants of emerging concern.
39.26(d) $750,000 the first year and $750,000
39.27the second year are for water quality
39.28improvements in the lower St. Louis River
39.29and Duluth harbor. This appropriation must
39.30be matched at a rate of 65 percent nonstate
39.31money to 35 percent state money.
39.32(e) $1,000,000 the first year and $1,000,000
39.33the second year are for the clean water
39.34partnership program to provide grants
39.35to protect and improve the basins and
40.1watersheds of the state and provide financial
40.2and technical assistance to study waters
40.3with nonpoint source pollution problems.
40.4Priority shall be given to projects preventing
40.5impairments and degradation of lakes, rivers,
40.6streams, and groundwater in accordance
40.7with Minnesota Statutes, section 114D.20,
40.8subdivision 2, clause (4). Any balance
40.9remaining in the first year does not cancel
40.10and is available for the second year.
40.11(f) $400,000 the first year and $400,000 the
40.12second year are for storm water research and
40.13guidance.
40.14(g) $1,150,000 the first year and $1,150,000
40.15the second year are for TMDL research and
40.16database development.
40.17(h) $800,000 the first year and $800,000
40.18the second year are for national pollutant
40.19discharge elimination system wastewater and
40.20storm water TMDL implementation efforts.
40.21(i) $225,000 the first year and $225,000
40.22the second year are transferred to the
40.23commissioner of administration for the
40.24Environmental Quality Board in cooperation
40.25with the United States Geological Survey
40.26to characterize groundwater flow and
40.27aquifer properties in the I-94 corridor in
40.28cooperation with local units of government.
40.29This appropriation is available until June 30,
40.302016.
40.31(j) $1,000,000 the first year and $500,000
40.32the second year are for a wild rice standards
40.33study.
40.34(k) $862,000 the first year and $708,000
40.35the second year are for groundwater
41.1protection or prevention of groundwater
41.2degradation activities through enhancing the
41.3county-level delivery system for subsurface
41.4sewage treatment systems (SSTS). The
41.5commissioner shall consult with the SSTS
41.6Compliance Task Force in developing a
41.7distribution allocation for the county base
41.8grants.
41.9(l) Notwithstanding Minnesota Statutes,
41.10section 16A.28, the appropriations
41.11encumbered on or before June 30, 2013,
41.12as grants or contracts in this section are
41.13available until June 30, 2016.
41.16(a) $1,825,000 the first year and $1,825,000
41.17the second year are for the continuation and
41.18expansion of stream flow monitoring.
41.19(b) $1,150,000 the first year and $1,150,000
41.20the second year are for lake Index of
41.21Biological Integrity (IBI) assessments,
41.22including assessment of 400 additional lakes
41.23and technical analysis to develop an aquatic
41.24plant IBI analysis. The commissioner shall
41.25work with the commissioner of the Pollution
41.26Control Agency on the development of an
41.27assessment tool.
41.28(c) $130,000 the first year and $130,000
41.29the second year are for assessing mercury
41.30contamination of fish, including monitoring
41.31to track the status of waters impaired by
41.32mercury and mercury reduction efforts over
41.33time.
41.34(d) $1,730,000 the first year and $1,730,000
41.35the second year are for TMDL development
42.1and TMDL implementation plans for waters
42.2listed on the United States Environmental
42.3Protection Agency approved impaired waters
42.4list in accordance with Minnesota Statutes,
42.5chapter 114D, and for development of a
42.6watershed assessment tool.
42.7(e) $1,500,000 the first year and $1,500,000
42.8the second year are for water supply
42.9planning, aquifer protection, and monitoring
42.10activities.
42.11(f) $450,000 the first year and $450,000 the
42.12second year are for establishing a Web-based
42.13electronic permitting system to capture water
42.14appropriation use information.
42.15(g) $1,725,000 the first year and $1,725,000
42.16the second year are for shoreland
42.17stewardship, TMDL implementation
42.18coordination, providing technical assistance
42.19to the Drainage Work Group and Drainage
42.20Management Team, and maintaining and
42.21updating data. Of this amount, $235,000
42.22each year is for maintaining and updating
42.23watershed boundaries and integrating
42.24high-resolution digital elevation data with
42.25watershed modeling and $40,000 each year
42.26is for a biomonitoring database. TMDL
42.27implementation coordination efforts shall be
42.28focused on major watersheds with TMDL
42.29implementation plans, including forested
42.30watersheds.
42.31(h) $1,350,000 the first year and $1,350,000
42.32the second year are to acquire and distribute
42.33high-resolution digital elevation data using
42.34light detection and ranging to aid with
42.35impaired waters modeling and TMDL
43.1implementation under Minnesota Statutes,
43.2chapter 114D. The money shall be used
43.3to collect data for areas of the state that
43.4have not acquired the data prior to January
43.51, 2007, or to complete acquisition and
43.6distribution of the data for those areas of
43.7the state that have not previously received
43.8state funds for acquiring and distributing the
43.9data. The distribution of data acquired under
43.10this paragraph must be conducted under
43.11the auspices of the Minnesota Geospatial
43.12Information Office, which shall receive up
43.13to 2.5 percent of the appropriation in this
43.14paragraph to support coordination of data
43.15acquisition and distribution. Mapping and
43.16data set distribution under this paragraph
43.17must be completed within three years of
43.18funds availability. The commissioner shall
43.19utilize department staff whenever possible.
43.20The commissioner may contract for services
43.21only if the services cannot otherwise be
43.22provided by the department.
43.23(i) $1,000,000 the first year is for
43.24implementation of the metropolitan
43.25groundwater monitoring and protection
43.26activities under Minnesota Laws 2010,
43.27chapter 361, article 2, section 4, subdivision
43.282.
43.31(a) $13,750,000 the first year and
43.32$13,750,000 the second year are for
43.33pollution reduction and restoration grants
43.34to local government units and joint powers
43.35organizations of local government units to
44.1protect surface water and drinking water; to
44.2keep water on the land; to protect, enhance,
44.3and restore water quality in lakes, rivers,
44.4and streams; and to protect groundwater
44.5and drinking water, including feedlot water
44.6quality and subsurface sewage treatment
44.7system (SSTS) projects and stream bank,
44.8stream channel, and shoreline restoration
44.9projects. The projects must be of long-lasting
44.10public benefit, include a match, and be
44.11consistent with TMDL implementation plans
44.12or local water management plans.
44.13(b) $3,000,000 the first year and $3,000,000
44.14the second year are for targeted local
44.15resource protection and enhancement grants.
44.16The board shall give priority consideration
44.17to projects and practices that complement,
44.18supplement, or exceed current state standards
44.19for protection, enhancement, and restoration
44.20of water quality in lakes, rivers, and streams
44.21or that protect groundwater from degradation.
44.22Of this amount, at least $1,500,000 each year
44.23is for county SSTS implementation.
44.24(c) $900,000 the first year and $900,000 the
44.25second year are to provide state oversight
44.26and accountability, evaluate results, and
44.27measure the value of conservation program
44.28implementation by local governments,
44.29including submission to the legislature
44.30by March 1 each year an annual report
44.31prepared by the board, in consultation with
44.32the commissioners of natural resources,
44.33health, agriculture, and the Pollution Control
44.34Agency, detailing the recipients and projects
44.35funded under this section. The board shall
44.36require grantees to specify the outcomes that
45.1will be achieved by the grants prior to any
45.2grant awards.
45.3(d) $1,000,000 the first year and $1,000,000
45.4the second year are for technical assistance
45.5and grants for the conservation drainage
45.6program in consultation with the Drainage
45.7Work Group, created under Minnesota
45.8Statutes, section 103B.101, subdivision
45.913, that consists of projects to retrofit
45.10existing drainage systems with water quality
45.11improvement practices, evaluate outcomes,
45.12and provide outreach to landowners, public
45.13drainage authorities, drainage engineers and
45.14contractors, and others.
45.15(e) $6,000,000 the first year and $6,000,000
45.16the second year are to purchase and restore
45.17permanent conservation easements on
45.18riparian buffers adjacent to public waters,
45.19excluding wetlands, to keep water on the
45.20land in order to decrease sediment, pollutant,
45.21and nutrient transport; reduce hydrologic
45.22impacts to surface waters; and increase
45.23infiltration for groundwater recharge. The
45.24riparian buffers must be at least 50 feet
45.25unless there is a natural impediment, a road,
45.26or other impediment beyond the control
45.27of the landowner. This appropriation may
45.28be used for restoration of riparian buffers
45.29protected by easements purchased with
45.30this appropriation and for stream bank
45.31restorations when the riparian buffers have
45.32been restored.
45.33(f) $1,300,000 the first year and $1,300,000
45.34the second year are for permanent
45.35conservation easements on wellhead
46.1protection areas under Minnesota Statutes,
46.2section 103F.515, subdivision 2, paragraph
46.3(d). Priority must be placed on land that
46.4is located where the vulnerability of the
46.5drinking water supply is designated as high
46.6or very high by the commissioner of health.
46.7(g) $1,500,000 the first year and $1,500,000
46.8the second year are for community partners
46.9grants to local units of government for:
46.10(1) structural or vegetative management
46.11practices that reduce storm water runoff
46.12from developed or disturbed lands to reduce
46.13the movement of sediment, nutrients, and
46.14pollutants for restoration, protection, or
46.15enhancement of water quality in lakes, rivers,
46.16and streams and to protect groundwater
46.17and drinking water; and (2) installation
46.18of proven and effective water retention
46.19practices including, but not limited to, rain
46.20gardens and other vegetated infiltration
46.21basins and sediment control basins in order
46.22to keep water on the land. The projects
46.23must be of long-lasting public benefit,
46.24include a local match, and be consistent with
46.25TMDL implementation plans or local water
46.26management plans. Local government unit
46.27staff and administration costs may be used
46.28as a match.
46.29(h) $84,000 the first year and $84,000 the
46.30second year are for a technical evaluation
46.31panel to conduct up to ten restoration
46.32evaluations under Minnesota Statutes,
46.33section 114D.50, subdivision 6.
46.34(i) The board shall contract for services
46.35with Conservation Corps Minnesota for
47.1restoration, maintenance, and other activities
47.2under this section for $500,000 the first year
47.3and $500,000 the second year.
47.4(j) The board may shift grant or cost-share
47.5funds in this section and may adjust the
47.6technical and administrative assistance
47.7portion of the funds to leverage federal or
47.8other nonstate funds or to address oversight
47.9responsibilities or high-priority needs
47.10identified in local water management plans.
47.11(k) The appropriations in this section are
47.12available until June 30, 2016.
47.14(a) $1,020,000 the first year and $1,020,000
47.15the second year are for addressing public
47.16health concerns related to contaminants
47.17found in Minnesota drinking water for which
47.18no health-based drinking water standard
47.19exists.
47.20(b) $1,415,000 the first year and $1,415,000
47.21the second year are for protection of drinking
47.22water sources.
47.23(c) $250,000 the first year and $250,000 the
47.24second year are for cost-share assistance to
47.25public and private well owners for up to 50
47.26percent of the cost of sealing unused wells.
47.27(d) $303,000 the first year and $365,000 the
47.28second year are to expand the county well
47.29index.
47.31$500,000 the first year and $500,000 the
47.32second year are for implementation of the
48.1master water supply plan developed under
48.2Minnesota Statutes, section 473.1565.
48.4$13,000 the first year is for the Legislative
48.5Coordinating Commission for the costs of
48.6developing and implementing a Web site to
48.7contain information on projects receiving
48.8appropriations from the clean water fund and
48.9other constitutionally dedicated funds.
48.11(a) The appropriations in Laws 2009, chapter
48.12172, article 2, section 4, paragraph (g), as
48.13amended by Laws 2010, chapter 361, article
48.142, section 2, are available until June 30,
48.152013, and may be spent to continue research
48.16and testing on the potential for coal tar
48.17contamination of waters, on the study of
48.18treatment and disposal options, and for grants
48.19to local units of government.
48.20(b) The appropriation in Laws 2010, chapter
48.21361, article 2, section 4, subdivision 1, for
48.22nitrogen and nitrate water quality standards
48.23rulemaking is available until June 30, 2012.
48.24(c) The appropriations in Laws 2009, chapter
48.25172, article 2, section 4, paragraph (a),
48.26as amended by Laws 2010, chapter 361,
48.27article 2, section 2, for total maximum
48.28daily load (TDML) study development and
48.29implementation are available until June 30,
48.302014.
48.31(d) The appropriations in Laws 2009, chapter
48.32172, article 2, section 2, paragraph (d),
48.33for research and pilot projects related to
49.1ways agricultural practices contribute to
49.2restoring impaired waters and assist with the
49.3development of TMDL plans, are available
49.4until June 30, 2016.
49.5EFFECTIVE DATE.This section is effective retroactively from June 29, 2011.
49.6 Sec. 12. Minnesota Statutes 2010, section 10A.01, subdivision 35, is amended to read:
49.7 Subd. 35. Public official. "Public official" means any:
49.8 (1) member of the legislature;
49.9 (2) individual employed by the legislature as secretary of the senate, legislative
49.10auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
49.11legislative analyst, or attorney in the Office of Senate Counsel and Research or House
49.12Research;
49.13 (3) constitutional officer in the executive branch and the officer's chief administrative
49.14deputy;
49.15 (4) solicitor general or deputy, assistant, or special assistant attorney general;
49.16 (5) commissioner, deputy commissioner, or assistant commissioner of any state
49.17department or agency as listed in section15.01 or
15.06 , or the state chief information
49.18officer;
49.19 (6) member, chief administrative officer, or deputy chief administrative officer of a
49.20state board or commission that has either the power to adopt, amend, or repeal rules under
49.21chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
49.22 (7) individual employed in the executive branch who is authorized to adopt, amend,
49.23or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
49.24 (8) executive director of the State Board of Investment;
49.25 (9) deputy of any official listed in clauses (7) and (8);
49.26 (10) judge of the Workers' Compensation Court of Appeals;
49.27 (11) administrative law judge or compensation judge in the State Office of
49.28Administrative Hearings or unemployment law judge in the Department of Employment
49.29and Economic Development;
49.30 (12) member, regional administrator, division director, general counsel, or operations
49.31manager of the Metropolitan Council;
49.32 (13) member or chief administrator of a metropolitan agency;
49.33 (14) director of the Division of Alcohol and Gambling Enforcement in the
49.34Department of Public Safety;
49.35 (15) member or executive director of the Higher Education Facilities Authority;
50.1 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
50.2 (17) member of the board of directors or executive director of the Minnesota State
50.3High School League;
50.4 (18) member of the Minnesota Ballpark Authority established in section473.755 ;
50.5 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
50.6 (20) manager of a watershed district, or member of a watershed management
50.7organization as defined under section103B.205, subdivision 13 ;
50.8 (21) supervisor of a soil and water conservation district;
50.9(22) director of Explore Minnesota Tourism;or
50.10 (23) citizen member of the Lessard-Sams Outdoor Heritage Council established in
50.11section97A.056; or
50.12(24) a citizen member of the Clean Water Council established in section 114D.30.
50.13 Sec. 13. Minnesota Statutes 2010, section 114D.10, is amended to read:
50.14114D.10 LEGISLATIVE PURPOSE AND FINDINGS.
50.15 Subdivision 1. Purpose. The purpose of the Clean Water Legacy Act is to protect,
50.16enhance, and restore, and preserve the water quality of Minnesota's surface waters in
50.17lakes, rivers, and streams and to protect groundwater from degradation, by providing
50.18authority, direction, and resources to achieve and maintain water quality standards for
50.19groundwater and surface watersas, including the standards required by section 303(d)
50.20of the federal Clean Water Act, United States Code, title 33, section 1313(d), and other
50.21applicable state and federal regulations.
50.22 Subd. 2. Findings. The legislature finds that:
50.23(1) there is a close link between protecting, enhancing, and restoring, and preserving
50.24the quality of Minnesota's groundwater and surface waters and the ability to develop the
50.25state's economy, enhance its quality of life, and protect its human and natural resources;
50.26(2) achieving the state's water quality goals will require long-term commitment and
50.27cooperation by all state and local agencies, and other public and private organizations
50.28and individuals, with responsibility and authority for water management, planning, and
50.29protection; and
50.30(3) all persons and organizations whose activities affect the quality of waters,
50.31including point and nonpoint sources of pollution, have a responsibility to participate in
50.32and support efforts to achieve the state's water quality goals.
50.33 Sec. 14. Minnesota Statutes 2010, section 114D.20, subdivision 1, is amended to read:
51.1 Subdivision 1. Coordination and cooperation. In implementing this chapter,
51.2public agencies and private entities shall take into consideration the relevant provisions of
51.3local and other applicable water management, conservation, land use, land management,
51.4and development plans and programs. Public agencies with authority for local water
51.5management, conservation, land use, land management, and development plans shall
51.6take into consideration the manner in which their plans affect the implementation of
51.7this chapter. Public agencies shall identify opportunities to participate and assist in the
51.8successful implementation of this chapter, including the funding or technical assistance
51.9needs, if any, that may be necessary. In implementing this chapter, public agencies shall
51.10endeavor to engage the cooperation of organizations and individuals whose activities
51.11affect the quality of groundwater or surface waters, including point and nonpoint sources
51.12of pollution, and who have authority and responsibility for water management, planning,
51.13and protection. To the extent practicable, public agencies shall endeavor to enter into
51.14formal and informal agreements and arrangements with federal agencies and departments
51.15to jointly utilize staff and educational, technical, and financial resources to deliver
51.16programs or conduct activities to achieve the intent of this chapter, including efforts
51.17under the federal Clean Water Act and other federal farm and soil and water conservation
51.18programs. Nothing in this chapter affects the application of silvicultural exemptions under
51.19any federal, state, or local law or requires silvicultural practices more stringent than those
51.20recommended in the timber harvesting and forest management guidelines adopted by the
51.21Minnesota Forest Resources Council under section89A.05 .
51.22 Sec. 15. Minnesota Statutes 2010, section 114D.20, subdivision 2, is amended to read:
51.23 Subd. 2. Goals for implementation. The following goals must guide the
51.24implementation of this chapter:
51.25(1) to identify impaired waters in accordance with federal TMDL requirements
51.26within ten years after the effective date of this section and thereafter to ensure continuing
51.27evaluation of surface waters for impairments;
51.28(2) to submit TMDL's to the United States Environmental Protection Agency for all
51.29impaired waters in a timely manner in accordance with federal TMDL requirements;
51.30(3) to set a reasonable time for implementing restoration of each identified impaired
51.31water;
51.32(4) to provide assistance and incentives to prevent waters from becoming impaired
51.33and to improve the quality of waters that are listed as impaired but do not have an
51.34approved TMDL addressing the impairment;
52.1(5) to promptly seek the delisting of waters from the impaired waters list when those
52.2waters are shown to achieve the designated uses applicable to the waters;and
52.3(6) to achieve compliance with federal Clean Water Act requirements in Minnesota.;
52.4(7) to support effective measures to prevent the degradation of groundwater
52.5according to the groundwater degradation prevention goal under section 103H.001; and
52.6(8) to support effective measures to restore degraded groundwater.
52.7 Sec. 16. Minnesota Statutes 2010, section 114D.20, subdivision 3, is amended to read:
52.8 Subd. 3. Implementation policies. The following policies must guide the
52.9implementation of this chapter:
52.10(1) develop regional and watershed TMDL's and TMDL implementation plans, and
52.11TMDL's and TMDL implementation plans for multiple pollutants, where reasonable and
52.12feasible;
52.13(2) maximize use of available organizational, technical, and financial resources to
52.14perform sampling, monitoring, and other activities to identify degraded groundwater and
52.15impaired waters, including use of citizen monitoring and citizen monitoring data used
52.16by the Pollution Control Agency in assessing water qualitymust meet that meets the
52.17requirements in Appendix D of the Volunteer Surface Water Monitoring Guide, Minnesota
52.18Pollution Control Agency (2003);
52.19(3) maximize opportunities for restoration of degraded groundwater and impaired
52.20waters, by prioritizing and targeting of available programmatic, financial, and technical
52.21resources and by providing additional state resources to complement and leverage
52.22available resources;
52.23(4) use existing regulatory authorities to achieve restoration for point and nonpoint
52.24sources of pollution where applicable, and promote the development and use of effective
52.25nonregulatory measures to address pollution sources for which regulations are not
52.26applicable;
52.27(5) use restoration methods that have a demonstrated effectiveness in reducing
52.28impairments and provide the greatest long-term positive impact on water quality protection
52.29and improvement and related conservation benefits while incorporating innovative
52.30approaches on a case-by-case basis;
52.31(6) identify for the legislature any innovative approaches that may strengthen or
52.32complement existing programs;
52.33(7) identify and encourage implementation of measures to prevent surface waters
52.34from becoming impaired and to improve the quality of waters that are listed as impaired
52.35but have no approved TMDL addressing the impairment using the best available data and
53.1technology, and establish and report outcome-based performance measures that monitor
53.2the progress and effectiveness of protection and restoration measures;and
53.3(8) monitor and enforce cost-sharing contracts and impose monetary damages in an
53.4amount up to 150 percent of the financial assistance received for failure to comply.; and
53.5(9) identify and encourage implementation of measures to prevent groundwater from
53.6becoming degraded and measures that restore groundwater resources.
53.7 Sec. 17. Minnesota Statutes 2010, section 114D.20, subdivision 6, is amended to read:
53.8 Subd. 6. Priorities for restoration of impaired waters. In implementing
53.9restoration of impaired waters, in addition to the priority considerations in subdivision 5,
53.10the Clean Water Council shall give priority in its recommendations for restoration funding
53.11from the clean waterlegacy account fund to restoration projects that:
53.12(1) coordinate with and utilize existing local authorities and infrastructure for
53.13implementation;
53.14(2) can be implemented in whole or in part by providing support for existing or
53.15ongoing restoration efforts;
53.16(3) most effectively leverage other sources of restoration funding, including federal,
53.17state, local, and private sources of funds;
53.18(4) show a high potential for early restoration and delisting based upon scientific
53.19data developed through public agency or citizen monitoring or other means; and
53.20(5) show a high potential for long-term water quality and related conservation
53.21benefits.
53.22 Sec. 18. Minnesota Statutes 2010, section 114D.20, subdivision 7, is amended to read:
53.23 Subd. 7. Priorities for funding prevention actions. The Clean Water Council
53.24shall apply the priorities applicable under subdivision 6, as far as practicable, when
53.25recommending priorities for funding actions to prevent groundwater and surface waters
53.26from becoming degraded or impaired and to improve the quality of surface waters that are
53.27listed as impaired but do not have an approved TMDL.
53.28 Sec. 19. Minnesota Statutes 2010, section 114D.30, is amended to read:
53.29114D.30 CLEAN WATER COUNCIL.
53.30 Subdivision 1. Creation; duties. A Clean Water Council is created to advise on the
53.31administration and implementation of this chapter, and foster coordination and cooperation
53.32as described in section114D.20, subdivision 1 . The council may also advise on the
53.33development of appropriate processes for expert scientific review as described in section
54.1114D.35
, subdivision 2. The Pollution Control Agency shall provide administrative
54.2support for the council with the support of other member agencies. The members of the
54.3council shall elect a chair from thenonagency voting members of the council.
54.4 Subd. 2. Membership; appointment. (a) The commissioners of natural resources,
54.5agriculture, health, and the Pollution Control Agency, and the executive director of the
54.6Board of Water and Soil Resources shall each appoint one person from their respective
54.7agency to serve as a nonvoting member of the council.Agency members serve as
54.8nonvoting members of the council. Two members of the house of representatives,
54.9including one member from the majority party and one member from the minority party,
54.10appointed by the speaker and two senators, including one member from the majority
54.11party and one member from the minority party, appointed according to the rules of the
54.12senate shall serve at the pleasure of the appointing authority as nonvoting members of
54.13the council. Agency and legislative members appointed under this paragraph serve as
54.14nonvoting members of the council.
54.15(b) Nineteenadditional nonagency voting members of the council shall be appointed
54.16by the governor as follows:
54.17(1) two members representing statewide farm organizations;
54.18(2) two members representing business organizations;
54.19(3) two members representing environmental organizations;
54.20(4) one member representing soil and water conservation districts;
54.21(5) one member representing watershed districts;
54.22(6) one member representing nonprofit organizations focused on improvement of
54.23Minnesota lakes or streams;
54.24(7) two members representing organizations of county governments, one member
54.25representing the interests of rural counties and one member representing the interests of
54.26counties in the seven-county metropolitan area;
54.27(8) two members representing organizations of city governments;
54.28(9) one member representing the Metropolitan Council established under section
54.29473.123
;
54.30(10) one member representing townshipofficer officers;
54.31(11) one member representing the interests of tribal governments;
54.32(12) one member representing statewide hunting organizations;
54.33(13) one member representing the University of Minnesota or a Minnesota state
54.34university; and
54.35(14) one member representing statewide fishing organizations.
55.1Members appointed underclauses (1) to (14) this paragraph must not be registered
55.2lobbyists or legislators. In making appointments, the governor must attempt to provide for
55.3geographic balance. The members of the council appointed by the governor are subject
55.4to the advice and consent of the senate.
55.5 Subd. 3. Conflict of interest. A Clean Water Council member may not participate
55.6in or vote on a decision of the council relating to an organization in which the member has
55.7either a direct or indirect personal financial interest. While serving on the Clean Water
55.8Council, a member shall avoid any potential conflict of interest.
55.9 Subd. 4. Terms; compensation; removal.The initial terms of members
55.10representing state agencies and the Metropolitan Council expire on the first Monday in
55.11January 2007. Thereafter, The terms of members representing the state agencies and the
55.12Metropolitan Council are four years and are coterminous with the governor. The terms
55.13of other nonlegislative members of the council shall be as provided in section15.059 ,
55.14subdivision 2. Members may serve until their successors are appointed and qualify.
55.15Compensation and removal of nonlegislative council members is as provided in section
55.1615.059
, subdivisions 3 and 4. Compensation of legislative members is as determined
55.17by the appointing authority. A vacancy on the council may be filled by the appointing
55.18authority provided in subdivision 1 for the remainder of the unexpired term.
55.19 Subd. 5. Implementation plan. The Clean Water Council shall recommend a plan
55.20for implementation of this chapter and the provisions of article XI, section 15, of the
55.21Minnesota Constitution relating to clean water. The recommended plan shall address
55.22general procedures and time frames for implementing this chapter, and shall include a more
55.23specific implementation work plan for the next fiscal biennium and a framework for setting
55.24priorities to address impaired waters consistent with section114D.20 , subdivisions 2 to 7.
55.25The council shall issuethe first recommended plan under this subdivision by December 1,
55.262005, and shall issue a revised plan by December 1 of each even-numbered year thereafter.
55.27 Subd. 6. Recommendations on appropriation of funds. (a) The Clean Water
55.28Council shall recommend to the governor and the legislature the manner in which
55.29money from the clean waterlegacy account fund should be appropriated for the purposes
55.30identified in section
114D.45, subdivision 3 stated in article XI, section 15, of the
55.31Minnesota Constitution and section 114D.50.
55.32(b) The council's recommendations must:
55.33(1) be to protect, enhance, and restore water quality in lakes, rivers, and streams and
55.34to protect groundwater from degradation and ensure that at least five percent of the clean
55.35water fund is spent only to protect drinking water sources;
56.1(2) be consistent with the purposes, policies, goals, and priorities insections
56.2114D.05 to
114D.35, this chapter; and shall
56.3(3) allocate adequate support and resources to identify degraded groundwater and
56.4impaired waters, develop TMDL's, implement restoration of groundwater and impaired
56.5waters, and provide assistance and incentives to prevent groundwater and surface waters
56.6from becoming degraded or impaired and improve the quality of surface waters which are
56.7listed as impaired but have no approved TMDL.
56.8(c) The council must recommend methods of ensuring that awards of grants,
56.9loans, or other funds from the clean waterlegacy account fund specify the outcomes
56.10to be achieved as a result of the funding and specify standards to hold the recipient
56.11accountable for achieving the desired outcomes. Expenditures from theaccount fund must
56.12be appropriated by law.
56.13 Subd. 7. Biennial report to legislature. By December 1 of each even-numbered
56.14year, the council shall submit a report to the legislature on the activities for which money
56.15has been or will be spent for the current biennium, the activities for which money is
56.16recommended to be spent in the next biennium, and the impact on economic development
56.17of the implementation of efforts to protect and restore groundwater and the impaired waters
56.18program. The report due on December 1, 2014, must include an evaluation of the progress
56.19made through June 30, 2014, in implementing this chapter and the provisions of article XI,
56.20section 15, of the Minnesota Constitution relating to clean water, the need for funding of
56.21future implementationof those sections, and recommendations for the sources of funding.
56.22 Sec. 20. Minnesota Statutes 2010, section 114D.35, is amended to read:
56.23114D.35 PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC
56.24REVIEW; EDUCATION.
56.25 Subdivision 1. Public and stakeholder participation. Public agencies and private
56.26entities involved in the implementation of this chapter shall encourage participation by
56.27the public and stakeholders, including local citizens, landowners and managers, and
56.28public and private organizations, inthe identification of identifying impaired waters, in
56.29developing TMDL's,and in planning, priority setting, and implementing restoration of
56.30impaired waters, in identifying degraded groundwater, and in protecting and restoring
56.31groundwater resources. In particular, the Pollution Control Agency shall make reasonable
56.32efforts to provide timely information to the public and to stakeholders about impaired
56.33waters that have been identified by the agency. The agency shall seek broad and early
56.34public and stakeholder participation in scoping the activities necessary to develop a
57.1TMDL, including the scientific models, methods, and approaches to be used in TMDL
57.2development, and to implement restoration pursuant to section114D.15 , subdivision 7.
57.3 Subd. 2. Expert scientific advice. The Clean Water Council and public agencies
57.4and private entities shall make use of available public and private expertise from
57.5educational, research, and technical organizations, including the University of Minnesota
57.6and other higher education institutions, to provide appropriate independent expert advice
57.7on models, methods, and approaches used in identifying degraded ground water and
57.8impaired waters, developing TMDL's, and implementing prevention and restoration.
57.9 Subd. 3. Education. The Clean Water Council shall develop strategies for
57.10informing, educating, and encouraging the participation of citizens, stakeholders,
57.11and others regarding the identification of impaired waters, development of TMDL's,
57.12development of TMDL implementation plans,and implementation of restoration for
57.13impaired waters, identification of degraded groundwater, and protection and restoration
57.14of groundwater resources. Public agencies shall be responsible for implementing the
57.15strategies.
57.16 Sec. 21. Minnesota Statutes 2010, section 114D.50, subdivision 6, is amended to read:
57.17 Subd. 6. Restoration evaluations.Beginning July 1, 2011, The Board of Water
57.18and Soil Resourcesshall may convene a technical evaluation panel comprised of five
57.19members, including one technical representative from the Board of Water and Soil
57.20Resources, one technical representative from the Department of Natural Resources,
57.21one technical expert from the University of Minnesota or the Minnesota State Colleges
57.22and Universities, and two representatives with expertise related to the project being
57.23evaluated. The board may add a technical representative from a unit of federal or local
57.24government. The members of the technical evaluation panel may not be associated with
57.25the restoration, may vary depending upon the projects being reviewed, and shall avoid
57.26any potential conflicts of interest. Each year, the boardshall may assign a coordinator
57.27to identify a sample of up to ten habitat restoration projects completed with clean water
57.28funding. The coordinator shall secure the restoration plans for the projects specified
57.29and direct the technical evaluation panel to evaluate the restorations relative to the law,
57.30current science, and the stated goals and standards in the restoration plan and, when
57.31applicable, to the Board of Water and Soil Resources' native vegetation establishment and
57.32enhancement guidelines. The coordinator shall summarize the findings of the panel and
57.33provide a report to the chairs of the respective house of representatives and senate policy
57.34and finance committees with jurisdiction over natural resources and spending from the
57.35clean water fund. The report shall determine if the restorations are meeting planned goals,
58.1any problems with the implementation of restorations, and, if necessary, recommendations
58.2on improving restorations. The report shall be focused on improving future restorations.
58.3Up to one-tenth of one percent of forecasted receipts from the clean water fund may be
58.4used for restoration evaluations under this section.
58.5 Sec. 22. Minnesota Statutes 2010, section 116.195, is amended to read:
58.6116.195 BENEFICIAL USE OF WASTEWATER AND STORM WATER;
58.7CAPITAL GRANTS FOR DEMONSTRATION PROJECTS.
58.8 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
58.9have the meanings given them.
58.10 (b) "Agency" means the Pollution Control Agency.
58.11 (c) "Beneficial use of wastewater or storm water" means:
58.12(1) use of the effluent from a wastewater treatment plant that replaces use of
58.13groundwater; or
58.14(2) use of storm water that replaces the use of groundwater.
58.15 (d) "Capital project" means the acquisition or betterment of public land, buildings,
58.16and other public improvements of a capital nature for the treatment of wastewater intended
58.17for beneficial use or for the use of storm water to replace groundwater use. Capital project
58.18includes projects to retrofit, expand, or construct new treatment facilities.
58.19 Subd. 2. Grants for capital project design. The agency shall make grant awards
58.20to political subdivisions for up to 50 percent of the costs to predesign and design capital
58.21projects that demonstrate the beneficial use of wastewater or storm water.The maximum
58.22amount for a grant under this subdivision is $500,000. The grant agreement must provide
58.23that the predesign and design work being funded is public information and available to
58.24anyone without charge. The agency must make the predesign and design work available
58.25on its Web site.
58.26 Subd. 3. Grants for capital project implementation. The agency shall make grant
58.27awards to political subdivisions for up to 50 percent of the costs to acquire, construct,
58.28install, furnish, and equip capital projects that demonstrate the beneficial use of wastewater
58.29or storm water. The political subdivision must submit design plans and specifications
58.30to the agency as part of the application.
58.31 The agency must consult with the Public Facilities Authority and the commissioner
58.32of natural resources in reviewing and ranking applications for grants under this section.
58.33 The application must identify the uses of the treated wastewater or storm water
58.34and greater weight will be given to applications that include a binding commitment to
58.35participate by the user or users.
59.1 The agency must give preference to projects that will reduce use of the greatest
59.2volume of groundwater from aquifers with the slowest rate of recharge.
59.3 Subd. 4. Application form; procedures. The agency shall develop an application
59.4form and procedures.
59.5 Subd. 5. Reports. The agency shall report by February 1 of each year to the chairs
59.6of the house of representatives and senate committees with jurisdiction over environment
59.7policy and finance and capital investment on the grants made and projects funded under
59.8this section. For each demonstration project funded, the report must include information
59.9on the scale of water constraints for the area, the volume of treated wastewatersupply
59.10supplied or storm water available, the quality of the storm water or treated wastewater
59.11supplied and treatment implications for the industrial user, impacts to stream flow and
59.12downstream users, and any considerations related to water appropriation and discharge
59.13permits.
59.14EFFECTIVE DATE.This section is effective the day following final enactment.
59.15 Sec. 23. Laws 2009, chapter 172, article 2, section 4, as amended by Laws 2010,
59.16chapter 361, article 2, section 2, is amended to read:
59.18(a) $9,000,000 the first year and $9,000,000
59.19the second year are to develop total
59.20maximum daily load (TMDL) studies and
59.21TMDL implementation plans for waters
59.22listed on the United States Environmental
59.23Protection Agency approved impaired
59.24waters list in accordance with Minnesota
59.25Statutes, chapter 114D. The agency shall
59.26complete an average of ten percent of the
59.27TMDLs each year over the biennium. Of
59.28this amount, $348,000 the first year is to
59.29retest the comprehensive assessment of the
59.30biological conditions of the lower Minnesota
59.31River and its tributaries within the Lower
59.32Minnesota River Major Watershed, as
59.33previously assessed from 1976 to 1992 under
59.34the Minnesota River Assessment Project
60.1(MRAP). The assessment must include the
60.2same fish species sampling at the same 116
60.3locations and the same macroinvertebrate
60.4sampling at the same 41 locations as the
60.5MRAP assessment. The assessment must:
60.6(1) include an analysis of the findings; and
60.7(2) identify factors that limit aquatic life in
60.8the Minnesota River.
60.9Of this amount, $250,000 the first year is
60.10for a pilot project for the development of
60.11total maximum daily load (TMDL) studies
60.12conducted on a watershed basis within
60.13the Buffalo River watershed in order to
60.14protect, enhance, and restore water quality
60.15in lakes, rivers, and streams. The pilot
60.16project shall include all necessary field
60.17work to develop TMDL studies for all
60.18impaired subwatersheds within the Buffalo
60.19River watershed and provide information
60.20necessary to complete reports for most of the
60.21remaining watersheds, including analysis of
60.22water quality data, identification of sources
60.23of water quality degradation and stressors,
60.24load allocation development, development
60.25of reports that provide protection plans
60.26for subwatersheds that meet water quality
60.27standards, and development of reports that
60.28provide information necessary to complete
60.29TMDL studies for subwatersheds that do not
60.30meet water quality standards, but are not
60.31listed as impaired.
60.32(b) $500,000 the first year is for development
60.33of an enhanced TMDL database to manage
60.34and track progress. Of this amount, $63,000
60.35the first year is to promulgate rules. By
61.1November 1, 2010, the commissioner shall
61.2submit a report to the chairs of the house of
61.3representatives and senate committees with
61.4jurisdiction over environment and natural
61.5resources finance on the outcomes achieved
61.6with this appropriation.
61.7(c) $1,500,000 the first year and $3,169,000
61.8the second year are for grants under
61.9Minnesota Statutes, section116.195 , to
61.10political subdivisions for up to 50 percent of
61.11the costs to predesign, design, and implement
61.12capital projects that use storm water or
61.13treated municipal wastewater instead of
61.14groundwater from drinking water aquifers,
61.15in order to demonstrate the beneficial use
61.16of wastewater or storm water, including
61.17the conservation and protection of water
61.18resources. Of this amount, $1,000,000 the
61.19first year is for grants to ethanol plants that
61.20are within one and one-half miles of a city for
61.21improvements that use storm water or reuse
61.22greater than 300,000 gallons of wastewater
61.23per day. This appropriation is available until
61.24June 30, 2016.
61.25(d) $1,125,000 the first year and $1,125,000
61.26the second year are for groundwater
61.27assessment and drinking water protection to
61.28include:
61.29(1) the installation and sampling of at least
61.3030 new monitoring wells;
61.31(2) the analysis of samples from at least 40
61.32shallow monitoring wells each year for the
61.33presence of endocrine disrupting compounds;
61.34and
62.1(3) the completion of at least four to
62.2five groundwater models for TMDL and
62.3watershed plans.
62.4(e) $2,500,000 the first year is for the clean
62.5water partnership program. Priority shall be
62.6given to projects preventing impairments and
62.7degradation of lakes, rivers, streams, and
62.8groundwater in accordance with Minnesota
62.9Statutes, section114D.20, subdivision 2 ,
62.10clause (4). Any balance remaining in the first
62.11year does not cancel and is available for the
62.12second year.
62.13(f) $896,000 the first year is to establish
62.14a network of water monitoring sites, to
62.15include at least 20 additional sites, in public
62.16waters adjacent to wastewater treatment
62.17facilities across the state to assess levels of
62.18endocrine-disrupting compounds, antibiotic
62.19compounds, and pharmaceuticals as required
62.20in this article. The data must be placed on
62.21the agency's Web site.
62.22(g) $155,000 the first year is to provide
62.23notification of the potential for coal tar
62.24contamination, establish a storm water
62.25pond inventory schedule, and develop best
62.26management practices for treating and
62.27cleaning up contaminated sediments as
62.28required in this article. $490,000 the second
62.29year is to provide grants to local units of
62.30government for up to 50 percent of the costs
62.31to implement best management practices to
62.32treat or clean up contaminated sediments
62.33in storm water ponds and other waters as
62.34defined under this article. Local governments
62.35must have adopted an ordinance for the
63.1restricted use of undiluted coal tar sealants
63.2in order to be eligible for a grant, unless a
63.3statewide restriction has been implemented.
63.4A grant awarded under this paragraph must
63.5not exceed $100,000. Up to $145,000 of the
63.6appropriation in the second year may be used
63.7to complete work required under section 28,
63.8paragraph (c).
63.9(h) $350,000 the first year and $600,000 the
63.10second year are for a restoration project in
63.11the lower St. Louis River and Duluth harbor
63.12in order to improve water quality. This
63.13appropriation must be matched by nonstate
63.14money at a rate of at least $2 for every $1 of
63.15state money.
63.16(i) $150,000 the first year and $196,000 the
63.17second year are for grants to the Red River
63.18Watershed Management Board to enhance
63.19and expand existing river watch activities in
63.20the Red River of the North. The Red River
63.21Watershed Management Board shall provide
63.22a report that includes formal evaluation
63.23results from the river watch program to the
63.24commissioners of education and the Pollution
63.25Control Agency and to the legislative natural
63.26resources finance and policy committees
63.27and K-12 finance and policy committees by
63.28February 15, 2011.
63.29(j) $200,000 the first year and $300,000 the
63.30second year are for coordination with the
63.31state of Wisconsin and the National Park
63.32Service on comprehensive water monitoring
63.33and phosphorus reduction activities in the
63.34Lake St. Croix portion of the St. Croix
63.35River. The Pollution Control Agency
64.1shall work with the St. Croix Basin Water
64.2Resources Planning Team and the St. Croix
64.3River Association in implementing the
64.4water monitoring and phosphorus reduction
64.5activities. This appropriation is available
64.6to the extent matched by nonstate sources.
64.7Money not matched by November 15, 2010,
64.8cancels for this purpose and is available for
64.9the purposes of paragraph (a).
64.10(k) $7,500,000 the first year and $7,500,000
64.11the second year are for completion of 20
64.12percent of the needed statewide assessments
64.13of surface water quality and trends. Of this
64.14amount, $175,000 the first year and $200,000
64.15the second year are for monitoring and
64.16analyzing endocrine disruptors in surface
64.17waters.
64.18(l) $100,000 the first year and $150,000
64.19the second year are for civic engagement
64.20in TMDL development. The agency shall
64.21develop a plan for expenditures under
64.22this paragraph. The agency shall give
64.23consideration to civic engagement proposals
64.24from basin or sub-basin organizations,
64.25including the Mississippi Headwaters Board,
64.26the Minnesota River Joint Powers Board,
64.27Area II Minnesota River Basin Projects,
64.28and the Red River Basin Commission.
64.29By November 15, 2009, the plan shall be
64.30submitted to the house and senate chairs
64.31and ranking minority members of the
64.32environmental finance divisions.
64.33(m) $5,000,000 the second year is for
64.34groundwater protection or prevention of
64.35groundwater degradation activities. By
65.1January 15, 2010, the commissioner, in
65.2consultation with the commissioner of
65.3natural resources, the Board of Water and
65.4Soil Resources, and other agencies, shall
65.5submit a report to the chairs of the house of
65.6representatives and senate committees with
65.7jurisdiction over the clean water fund on the
65.8intended use of these funds. The legislature
65.9must approve expenditure of these funds by
65.10law.
65.11Notwithstanding Minnesota Statutes, section
65.1216A.28
, the appropriations encumbered on or
65.13before June 30, 2011, as grants or contracts in
65.14this section are available until June 30, 2013.
65.15EFFECTIVE DATE.This section is effective retroactively from June 29, 2011.
65.16 Sec. 24. Laws 2010, chapter 361, article 2, section 3, is amended to read:
65.17 Sec. 3. CLEAN WATER FUND; 2009 APPROPRIATION ADJUSTMENTS.
65.18The appropriations in fiscal years2011 2010 and 2012 2011 to the Department of
65.19Natural Resources for high-resolution digital elevation data in Laws 2009, chapter 172,
65.20article 2, section 5, paragraph (d), are available until June 30, 2012.
65.21EFFECTIVE DATE.This section is effective retroactively from June 29, 2011.
65.22 Sec. 25. CIVIC ENGAGEMENT AND PUBLIC EDUCATION.
65.23A recipient of funds appropriated in this article shall incorporate civic engagement
65.24and public education when implementing projects and programs funded under this article.
65.25 Sec. 26. REPEALER.
65.26Minnesota Statutes 2010, section 114D.45, is repealed.
65.27 Sec. 27. EFFECTIVE DATE; RELATIONSHIP TO OTHER
65.28APPROPRIATIONS.
65.29Unless otherwise specified, this article is effective retroactively from July 1, 2011,
65.30and supersedes and replaces funding authorized by order of the Second Judicial District
65.31Court in Case No. 62-CV-11-5203.
66.4 The sums shown in the columns marked "Appropriations" are appropriated to
66.5the agencies and for the purposes specified in this article. The appropriations are from
66.6the parks and trails fund, or another named fund, and are available for the fiscal years
66.7indicated for each purpose. "The first year" is fiscal year 2012. "The second year" is
66.8fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the
66.9fiscal year ending June 30, 2012, are effective the day following final enactment. All
66.10appropriations in this article are onetime.
66.17The amounts that may be spent for each
66.18purpose are specified in the following
66.19sections.
66.21Money appropriated in this article may
66.22not be spent on activities unless they are
66.23directly related to and necessary for a specific
66.24appropriation. Money appropriated in this
66.25article must not be spent on indirect costs
66.26or other institutional overhead charges that
66.27are not directly related to and necessary for
66.28a specific appropriation. Notwithstanding
66.29Minnesota Statutes, section 16A.28, and
66.30unless otherwise specified in this article,
66.31fiscal year 2012 appropriations are available
66.32until June 30, 2014, and fiscal year 2013
66.33appropriations are available until June 30,
66.342015. If a project receives federal funds, the
67.1time period of the appropriation is extended
67.2to equal the availability of federal funding.
67.5(a) $14,262,000 the first year and
67.6$14,603,000 the second year are for state
67.7parks, recreation areas, and trails to:
67.8(1) connect people to the outdoors;
67.9(2) acquire land and create opportunities;
67.10(3) maintain existing holdings; and
67.11(4) improve cooperation by coordinating
67.12with partners to implement the 25-year
67.13long-range parks and trails legacy plan.
67.14(b) $2,100,000 the first year is for acquisition
67.15of land adjacent to LaSalle Lake in Hubbard
67.16County for a state recreation area. If the
67.17acquisition is not completed by July 15,
67.182012, or if a balance remains after the
67.19acquisition of the land, the money under this
67.20paragraph is available for acquisitions under
67.21paragraph (a), clause (2).
67.22(c) $7,506,000 the first year and $7,686,000
67.23the second year are for parks and trails of
67.24regional or statewide significance as follows:
67.25(1) $7,331,000 the first year and $7,686,000
67.26the second year are for grants under
67.27Minnesota Statutes, section 85.535, to
67.28acquire, develop, improve, and restore
67.29parks and trails of regional or statewide
67.30significance outside of the metropolitan area,
67.31as defined in Minnesota Statutes, section
67.32473.121, subdivision 2; and
67.33(2) $175,000 the first year is for a grant to
67.34the Greater Minnesota Regional Park and
68.1Trail Coalition to: (1) establish protocols
68.2to determine the origin of visitors, and
68.3projection of potential use of greater
68.4Minnesota regional parks and trails; (2)
68.5collect and compile details on the facilities
68.6within the greater Minnesota regional park
68.7system; and (3) develop evaluation protocol
68.8and criteria to determine priorities for park
68.9and trail acquisition and development. No
68.10local match is required for this grant.
68.11Notwithstanding Minnesota Statutes, section
68.1285.535, subdivision 3, the local match
68.13requirement is ten percent for money
68.14appropriated in fiscal year 2012 for grants
68.15under this section. The commissioner of
68.16natural resources may reduce the nonstate
68.17cash match requirement for grants awarded
68.18to groups of three or more entities if the
68.19commissioner determines that the nonstate
68.20cash match requirement is a financial
68.21burden to one or more of the entities. The
68.22overall reduction in the nonstate cash match
68.23requirement may not exceed 25 percent of
68.24the original nonstate cash match requirement.
68.25Up to 2.5 percent of the total appropriation
68.26may be used for administering the grants.
68.27Any unencumbered balance at the end of a
68.28fiscal year is available for the purposes in
68.29paragraph (a).
68.30(d) $38,000 the first year and $38,000 the
68.31second year are for a technical evaluation
68.32panel to conduct up to ten restoration
68.33evaluations under Minnesota Statutes,
68.34section 85.53, subdivision 5.
69.1(e) The commissioner shall contract for
69.2services with Conservation Corps Minnesota
69.3for restoration, maintenance, and other
69.4activities under this section for at least
69.5$500,000 the first year and $500,000 the
69.6second year.
69.7(f) The commissioner of natural resources
69.8shall convene and facilitate a working group
69.9of nine members to develop consensus
69.10recommendations for the allocation of the
69.11parks and trails fund. The working group
69.12shall have representatives from metropolitan
69.13parks and trails, greater Minnesota parks
69.14and trails, and the Department of Natural
69.15Resources Parks and Trails Division.
69.16The consensus recommendations shall
69.17be submitted no later than November 15,
69.182012, and presented to the governor for
69.19consideration in the budget for fiscal years
69.202014 and 2015.
69.22(a) $15,763,000 the first year and $16,141,000
69.23the second year are to be distributed under
69.24Minnesota Statutes, section 85.53,
69.25subdivision 3. The Metropolitan Council
69.26may use a portion of this appropriation to
69.27provide grants for metropolitan parks and
69.28trails of regional or statewide significance
69.29within the metropolitan area that are not
69.30eligible under Minnesota Statutes, section
69.3185.53, subdivision 3.
69.32(b) The Metropolitan Council shall submit
69.33a report on the expenditure and use of
69.34money appropriated under this section to
69.35the legislature as provided in Minnesota
70.1Statutes, section 3.195, by March 1 of each
70.2year. The report must detail the outcomes in
70.3terms of additional use of parks and trails
70.4resources, user satisfaction surveys, and
70.5other appropriate outcomes.
70.7$7,000 the first year is for the Legislative
70.8Coordinating Commission for the costs of
70.9developing and implementing a Web site to
70.10contain information on projects receiving
70.11appropriations from the parks and trails fund
70.12and other constitutionally dedicated funds.
70.13 Sec. 6. Minnesota Statutes 2010, section 85.013, is amended by adding a subdivision
70.14to read:
70.15 Subd. 15a. LaSalle Lake State Recreation Area, Hubbard County.
70.16 Sec. 7. Minnesota Statutes 2010, section 85.53, subdivision 5, is amended to read:
70.17 Subd. 5. Restoration evaluations.Beginning July 1, 2011, The commissioner
70.18of natural resourcesshall may convene a technical evaluation panel comprised of five
70.19members, including one technical representative from the Board of Water and Soil
70.20Resources, one technical representative from the Department of Natural Resources, one
70.21technical expert from the University of Minnesota or the Minnesota State Colleges and
70.22Universities, and two other representatives with expertise related to the project being
70.23evaluated. The commissioner may add a technical representative from a unit of federal or
70.24local government. The members of the technical evaluation panel may not be associated
70.25with the restoration, may vary depending upon the projects being reviewed, and shall
70.26avoid any potential conflicts of interest. Each year, the commissionershall may assign
70.27a coordinator to identify a sample of up to ten habitat restoration projects completed
70.28with parks and trails funding. The coordinator shall secure the restoration plans for the
70.29projects specified and direct the technical evaluation panel to evaluate the restorations
70.30relative to the law, current science, and the stated goals and standards in the restoration
70.31plan and, when applicable, to the Board of Water and Soil Resources' native vegetation
70.32establishment and enhancement guidelines. The coordinator shall summarize the findings
70.33of the panel and provide a report to the chairs of the respective house of representatives
71.1and senate policy and finance committees with jurisdiction over natural resources and
71.2spending from the parks and trails fund. The report shall determine if the restorations are
71.3meeting planned goals, any problems with the implementation of restorations, and, if
71.4necessary, recommendations on improving restorations. The report shall be focused on
71.5improving future restorations. Up to one-tenth of one percent of forecasted receipts from
71.6the parks and trails fund may be used for restoration evaluations under this section.
71.7 Sec. 8. LASALLE LAKE STATE RECREATION AREA.
71.8 Subdivision 1. LaSalle Lake State Recreation Area, Hubbard County. The
71.9LaSalle Lake State Recreation Area is established in Hubbard County.
71.10 Subd. 2. Boundaries. The following described lands are located within the
71.11boundaries of the LaSalle Lake State Recreation Area, all in Hubbard County:
71.12 (1) the Southwest Quarter of the Southwest Quarter and the Northwest Quarter of the
71.13Southwest Quarter, except the East 10 acres thereof, of Section 29; the Northeast Quarter
71.14of the Northeast Quarter, the Northwest Quarter of the Northeast Quarter, the Southwest
71.15Quarter of the Northeast Quarter, the Northeast Quarter of the Southwest Quarter, the
71.16Southeast Quarter of the Northwest Quarter, the Southeast Quarter of the Northeast
71.17Quarter, and Government Lots 2, 3, 4, 5, 6, 7, 8, and 9, of Section 30; Government Lots 1,
71.182, 5, 6, 7, 8, 9, and 10, of Section 31; and Government Lots 1 and 4 of Section 32; all in
71.19Township 145 North, Range 35 West; and
71.20 (2) Government Lot 12, Section 19, Township 145 North, Range 35.
71.21 Subd. 3. Administration. The commissioner of natural resources shall administer
71.22the area according to Minnesota Statutes, section 86A.05, subdivision 3, subject to
71.23existing rules and regulations for state recreation areas. LaSalle Lake State Recreation
71.24Area shall be administered as a satellite unit of Itasca State Park.
71.25 Sec. 9. LASALLE LAKE STATE RECREATION AREA MANAGEMENT
71.26OPTIONS.
71.27By March 1, 2012, the commissioner of natural resources shall submit a report to
71.28the senate and house of representatives committees and divisions with jurisdiction over
71.29natural resources policy and finance evaluating options for the management of the resort
71.30within the LaSalle Lake State Recreation Area, including an evaluation of the option
71.31to lease the resort to a nonstate entity. The evaluation shall include potential financial
71.32arrangements or mechanisms that would make the equivalent of local taxes or payments in
71.33lieu of taxes the responsibility of the nonstate entity.
72.1 Sec. 10. EFFECTIVE DATE; RELATIONSHIP TO OTHER
72.2APPROPRIATIONS.
72.3Unless otherwise specified, this article is effective retroactively from July 1, 2011,
72.4and supersedes and replaces funding authorized by order of the Second Judicial District
72.5Court in Case No. 62-CV-11-5203.
72.9 The sums shown in the columns marked "Appropriations" are appropriated to the
72.10entities and for the purposes specified in this article. The appropriations are from the arts
72.11and cultural heritage fund, and are available for the fiscal years indicated for allowable
72.12activities under the Minnesota Constitution, article XI, section 15. "The first year" is fiscal
72.13year 2012. "The second year" is fiscal year 2013. "The biennium" is fiscal years 2012
72.14and 2013. All appropriations in this article are onetime.
72.21The amounts that may be spent for each
72.22purpose are specified in the following
72.23subdivisions.
72.25Money appropriated in this article may
72.26not be spent on activities unless they are
72.27directly related to and necessary for a specific
72.28appropriation. Money appropriated in this
72.29article must not be spent on indirect costs
72.30or other institutional overhead charges that
72.31are not directly related to and necessary for
72.32a specific appropriation. Notwithstanding
72.33Minnesota Statutes, section 16A.28, and
72.34unless otherwise specified in this article,
73.1fiscal year 2012 appropriations are available
73.2until June 30, 2013, and fiscal year 2013
73.3appropriations are available until June 30,
73.42014. If a project receives federal funds, the
73.5time period of the appropriation is extended
73.6to equal the availability of federal funding.
73.8These amounts are appropriated to the
73.9Minnesota State Arts Board for arts, arts
73.10education, and arts access. Grant agreements
73.11entered into by the Minnesota State Arts
73.12Board and other recipients of appropriations
73.13in this subdivision shall ensure that
73.14these funds are used to supplement and
73.15not substitute for traditional sources of
73.16funding. Appropriations made directly
73.17to the Minnesota State Arts Board shall
73.18supplement, and shall not substitute for,
73.19traditional sources of funding. Each grant
73.20program established within this appropriation
73.21shall be separately administered from other
73.22state appropriations for program planning
73.23and outcome measurements, but may take
73.24into consideration other state resources
73.25awarded in the selection of applicants and
73.26grant award size.
73.27Arts and Arts Access Initiatives.
73.28$17,003,000 the first year and $18,150,000
73.29the second year are to support Minnesota
73.30artists and arts organizations in creating,
73.31producing, and presenting high-quality arts
73.32activities; to overcome barriers to accessing
73.33high-quality arts activities; and to instill the
73.34arts into the community and public life in
73.35this state.
74.1A portion of these funds may be used to:
74.2(1) pay attendance fees and travel costs
74.3for youth to visit art museums, arts
74.4performances, or other arts activities; or
74.5(2) bring artists to schools, libraries, or other
74.6community centers or organizations for
74.7teaching, training, or performance purposes.
74.8Arts Education. $3,276,000 the first year
74.9and $3,276,000 the second year are for
74.10high-quality, age-appropriate arts education
74.11for Minnesotans of all ages to develop
74.12knowledge, skills, and understanding of the
74.13arts.
74.14In collaboration with the Perpich Center
74.15for Arts Education, a portion of this
74.16appropriation may be used for grants to
74.17school districts to provide materials or
74.18resources to teachers, students, and parents
74.19to promote achievement of K-12 academic
74.20standards in the arts.
74.21Arts and Cultural Heritage. $1,073,000
74.22the first year and $1,073,000 the second year
74.23are for events and activities that represent the
74.24diverse cultural arts traditions, including folk
74.25and traditional artists and art organizations,
74.26represented in this state.
74.27Administration, Fiscal Oversight, and
74.28Accountability. $815,000 the first year
74.29and $815,000 the second year are for
74.30administration of grant programs, delivering
74.31technical services, providing fiscal oversight
74.32for the statewide system, and ensuring
74.33accountability for these state resources.
75.1Census. The Minnesota State Arts Board, in
75.2partnership with regional arts councils, shall
75.3maintain a census of Minnesota artists and
75.4artistic organizations.
75.5Thirty percent of the total appropriated to
75.6each of the categories established in this
75.7subdivision is for grants to the regional arts
75.8councils. This percentage does not apply to
75.9administrative costs.
75.11These amounts are appropriated to the
75.12commissioner of education for grants
75.13allocated using existing formulas under
75.14Minnesota Statutes, section 134.355, to the
75.1512 Minnesota regional library systems, to
75.16provide educational opportunities in the arts,
75.17history, literary arts, and cultural heritage
75.18of Minnesota. These funds may be used
75.19to sponsor programs provided by regional
75.20libraries or to provide grants to local arts
75.21and cultural heritage programs for programs
75.22in partnership with regional libraries. This
75.23appropriation is available until June 30, 2015.
75.25These amounts are appropriated to the
75.26governing board of the Minnesota Historical
75.27Society to preserve and enhance access to
75.28Minnesota's history and its cultural and
75.29historical resources. Grant agreements
75.30entered into by the Minnesota Historical
75.31Society and other recipients of appropriations
75.32in this subdivision shall ensure that
75.33these funds are used to supplement and
75.34not substitute for traditional sources of
75.35funding. Funds directly appropriated to the
76.1Minnesota Historical Society shall be used to
76.2supplement, and not substitute for, traditional
76.3sources of funding. Notwithstanding
76.4Minnesota Statutes, section 16A.28, for
76.5historic preservation projects that improve
76.6historic structures, the amounts are available
76.7until June 30, 2015.
76.8Statewide Historic and Cultural Grants.
76.9$5,250,000 the first year and $5,250,000
76.10the second year are for history programs
76.11and projects operated or conducted by or
76.12through local, county, regional, or other
76.13historical or cultural organizations; or for
76.14activities to preserve significant historic
76.15and cultural resources. Funds are to be
76.16distributed through a competitive grants
76.17process. The Minnesota Historical Society
76.18shall administer these funds using established
76.19grants mechanisms, with assistance from
76.20the advisory committee created under Laws
76.212009, chapter 172, article 4, section 2,
76.22subdivision 4, paragraph (b), item (ii).
76.23Programs. $4,800,000 the first year and
76.24$4,800,000 the second year are for programs
76.25and purposes related to the historical and
76.26cultural heritage of the state of Minnesota,
76.27conducted by the Minnesota Historical
76.28Society.
76.29History Partnerships. $1,500,000 the
76.30first year and $1,500,000 the second year
76.31are for partnerships involving multiple
76.32organizations, which may include the
76.33Minnesota Historical Society, to preserve and
76.34enhance access to Minnesota's history and
76.35cultural heritage in all regions of the state.
77.1Statewide Survey of Historical and
77.2Archaeological Sites. $250,000 the first
77.3year and $250,000 the second year are
77.4for a contract or contracts to be let on a
77.5competitive basis to conduct statewide
77.6surveys of Minnesota's sites of historical,
77.7archaeological, and cultural significance.
77.8Results of this survey must be published in
77.9a searchable form, available to the public on
77.10a cost-free basis. The Minnesota Historical
77.11Society, the Office of the State Archaeologist,
77.12and the Indian Affairs Council shall each
77.13appoint a representative to an oversight
77.14board to select contractors and direct the
77.15conduct of these surveys. The oversight
77.16board shall consult with the Departments of
77.17Transportation and Natural Resources.
77.18Digital Library. $250,000 the first year and
77.19$250,000 the second year are for a digital
77.20library project to preserve, digitize, and share
77.21Minnesota images, documents, and historical
77.22materials. The Minnesota Historical Society
77.23shall cooperate with the Minitex interlibrary
77.24loan system and shall jointly share this
77.25appropriation for these purposes.
77.27These amounts are appropriated to the
77.28commissioner of administration for grants
77.29to the named organizations for the purposes
77.30specified in this subdivision. Up to one
77.31percent of funds may be used by the
77.32commissioner for grants administration.
77.33Grant agreements entered into by
77.34the commissioner and recipients of
77.35appropriations in this subdivision must
78.1ensure that money appropriated in this
78.2subdivision is used to supplement and not
78.3substitute for traditional sources of funding.
78.4Public Radio Grants. $2,650,000 the first
78.5year and $2,650,000 the second year are for
78.6a competitive Arts and Cultural Heritage
78.7Grants Program-Public Radio.
78.8The commissioner shall solicit proposals
78.9and award grants to public radio stations
78.10that satisfy the eligibility requirements
78.11under Minnesota Statutes, section 129D.14,
78.12subdivision 3, and create, produce, acquire,
78.13or distribute radio programs that educate,
78.14enhance, or promote local, regional, or
78.15statewide items of artistic, cultural, or
78.16historic significance. The commissioner
78.17shall give preference to projects that
78.18expand Minnesotans' access to knowledge,
78.19information, arts, state history, or cultural
78.20heritage. This appropriation is available for
78.21eligible costs incurred as of July 1, 2011, and
78.22does not expire until June 30, 2015.
78.23Public Television. $3,700,000 the first
78.24year and $3,700,000 the second year are for
78.25grants to the Minnesota Public Television
78.26Association for production and acquisition
78.27grants according to Minnesota Statutes,
78.28section 129D.18. In recognition of the
78.29sesquicentennial of the American Civil
78.30War, the Minnesota Public Television
78.31Association shall produce new programming
78.32on Minnesota history during that period.
78.33This appropriation is available for eligible
78.34costs incurred as of July 1, 2011, and does
78.35not expire until June 30, 2015.
79.1Veterans Camps. $475,000 the first year
79.2is for grants of $400,000 to the Disabled
79.3Veterans Rest Camp located on Big Marine
79.4Lake in Washington County and $75,000 to
79.5the Veterans on the Lake Resort located on
79.6Fall Lake in St. Louis County.
79.7Zoos. $300,000 the first year and $300,000
79.8the second year are for grants of $200,000
79.9each year to the Como Park Zoo and
79.10$100,000 each year to the Lake Superior Zoo
79.11for programmatic development.
79.12Minnesota Children's Museum. $500,000
79.13the first year and $500,000 the second year
79.14are for grants to the Minnesota Children's
79.15Museum. These amounts are for arts, arts
79.16education, and arts access and to preserve
79.17Minnesota's history and cultural heritage.
79.18Science Museum of Minnesota. $500,000
79.19the first year and $500,000 the second year
79.20are for grants to the Science Museum of
79.21Minnesota. These amounts are for arts, arts
79.22education, and arts access and to preserve
79.23Minnesota's history and cultural heritage.
79.24Minnesota Film and TV Board. $500,000
79.25the first year and $500,000 the second year
79.26are for grants to the Minnesota Film and
79.27TV Board for grants to Minnesota residents
79.28to create film or television productions that
79.29promote Minnesota's cultural heritage and
79.30for the film production jobs program under
79.31Minnesota Statutes, section 116U.26. This
79.32appropriation is available until June 30, 2015.
79.33State Capitol Preservation Commission.
79.34$550,000 the first year is for the purposes of
80.1Minnesota Statutes, section 16B.2405. This
80.2appropriation is available until spent.
80.4These amounts are appropriated to
80.5the Minnesota Zoological Board for
80.6programmatic development of the Minnesota
80.7Zoo.
80.9These amounts are appropriated to the board
80.10of directors of the Minnesota Humanities
80.11Center for the purposes specified in this
80.12subdivision.
80.13Programs and Purposes. $325,000 the first
80.14year and $325,000 the second year are for
80.15programs and purposes of the Minnesota
80.16Humanities Center.
80.17The Minnesota Humanities Center may
80.18consider museums and organizations
80.19celebrating the ethnic identities of
80.20Minnesotans for grants from these funds.
80.21Councils of Color. $500,000 the first
80.22year and $500,000 the second year are for
80.23competitive grants to the Council on Asian
80.24Pacific Minnesotans, the Council on Black
80.25Minnesotans, the Indian Affairs Council, and
80.26the Chicano Latino Affairs Council. Grants
80.27are for programs and cooperation between
80.28the Minnesota Humanities Center and the
80.29grant recipients for community events and
80.30programs that celebrate and preserve artistic,
80.31historical, and cultural heritage.
80.32Civics Education. $250,000 the first year
80.33and $250,000 the second year are for a
80.34competitive Arts and Cultural Heritage
81.1Grants Program-Civics Education. The
81.2commissioner shall award grants to entities
81.3that conduct civics education programs
81.4for the civic and cultural development of
81.5Minnesota youth.
81.6Children's Museums Grants. $500,000 the
81.7first year and $500,000 the second year are
81.8for a competitive Arts and Cultural Heritage
81.9Grants Program-Children's Museums.
81.10The board of directors shall solicit proposals
81.11and award grants to children's museums
81.12for projects and programs that maintain or
81.13promote our cultural heritage.
81.15These amounts are appropriated to the board
81.16of directors of the Perpich Center for Arts
81.17Education for arts, arts education, and arts
81.18access and to preserve Minnesota's history
81.19and cultural heritage. This appropriation is
81.20available until June 30, 2015.
81.22These amounts are appropriated to the
81.23commissioner of agriculture for grants to
81.24county agricultural societies to enhance arts
81.25access and education and to preserve and
81.26promote Minnesota's history and cultural
81.27heritage as embodied in its county fairs.
81.28The grants shall be in addition to the aid
81.29distributed to county agricultural societies
81.30under Minnesota Statutes, section 38.02. The
81.31commissioner shall award grants as follows:
81.32(1) $700,000 each year distributed in equal
81.33amounts to each of the state's county fairs
81.34to enhance arts access and education and to
82.1preserve and promote Minnesota's history
82.2and cultural heritage; and
82.3(2) $700,000 each year for a competitive
82.4Arts and Cultural Heritage Grants
82.5Program-County Fairs. The commissioner
82.6shall award grants for the development or
82.7enhancement of county fair facilities or other
82.8projects or programs that provide access
82.9to the arts, arts education, or agricultural,
82.10historical, and cultural heritage programs,
82.11including but not limited to agricultural
82.12education centers, arts buildings, and
82.13performance stages.
82.15These amounts are appropriated to the Indian
82.16Affairs Council for the purposes identified in
82.17this subdivision.
82.18Language Working Group. $75,000 the
82.19first year and $75,000 the second year are
82.20for continuation of the Working Group on
82.21Dakota and Ojibwe Language Revitalization
82.22and Preservation established under Laws
82.232009, chapter 172, article 4, section 9.
82.24Language Preservation and Education.
82.25$550,000 the first year and $550,000 the
82.26second year are for grants for programs
82.27that preserve Dakota and Ojibwe Indian
82.28languages and to foster educational programs
82.29in Dakota and Ojibwe languages.
82.30Language Immersion. $250,000 the first
82.31year and $250,000 the second year are for
82.32grants of $125,000 each year to the Niigaane
82.33Ojibwe Immersion School and the Wicoie
82.34Nandagikendan Urban Immersion Project to:
83.1(1) develop and expand K-12 curriculum;
83.2(2) provide fluent speakers in the classroom;
83.3(3) develop appropriate testing and
83.4evaluation procedures; and
83.5(4) develop community-based training and
83.6engagement.
83.8This amount is appropriated to the Legislative
83.9Coordinating Commission to operate the
83.10Web site for dedicated funds required
83.11under Minnesota Statutes, section 3.303,
83.12subdivision 10.
83.13 Sec. 3. [15B.32] STATE CAPITOL PRESERVATION COMMISSION.
83.14 Subdivision 1. Definitions. (a) As used in this section, the terms defined in this
83.15subdivision have the following meanings.
83.16(b) "Commission" means the State Capitol Preservation Commission created under
83.17this section.
83.18(c) "Capitol Area" means the geographic area defined in section 15B.02.
83.19(d) "Board" means the Capitol Area Architectural and Planning Board created under
83.20section 15B.03.
83.21(e) "Predesign" has the meaning given in section 16B.335, subdivision 3, paragraph
83.22(a).
83.23 Subd. 2. Membership. The State Capitol Preservation Commission consists of 22
83.24members, appointed as follows:
83.25(1) the governor;
83.26(2) the lieutenant governor;
83.27(3) the attorney general;
83.28(4) the chief justice of the Supreme Court, or the chief justice's designee, who shall
83.29be a member of the Supreme Court;
83.30(5) the majority leader of the senate or the majority leader's designee, who shall be
83.31a member of the senate;
83.32(6) the speaker of the house or the speaker's designee, who shall be a member of the
83.33house of representatives;
84.1(7) two members of the senate, including one member from the majority party
84.2appointed by the majority leader and one member from the minority party appointed by
84.3the minority leader;
84.4(8) two members of the house of representatives, including one member appointed
84.5by the speaker of the house and one member from the minority party appointed by the
84.6minority leader;
84.7(9) the chair and ranking minority member of the house of representatives committee
84.8with jurisdiction over capital investment and the chair and ranking minority member of
84.9the senate committee with jurisdiction over capital investment;
84.10(10) the commissioner of administration or the commissioner's designee;
84.11(11) the commissioner of public safety or the commissioner's designee;
84.12(12) the executive director of the Minnesota Historical Society or the executive
84.13director's designee;
84.14(13) the executive secretary of the Capitol Area Architectural and Planning Board;
84.15and
84.16(14) four public members appointed by the governor.
84.17 Subd. 3. Terms and compensation. (a) A member serving on the commission
84.18because the member or the appointing authority for the member holds an elected or
84.19appointed office shall serve on the commission as long as the member or the appointing
84.20authority holds the office.
84.21(b) Public members of the commission shall serve two-year terms. The public
84.22members may not serve for more than three consecutive terms.
84.23(c) The removal of members and filling of vacancies on the commission are as
84.24provided in section 15.059. Public members may receive compensation and expenses as
84.25provided under section 15.059, subdivision 3.
84.26 Subd. 4. Officers and meetings. (a) The governor is the chair of the commission.
84.27The lieutenant governor is the vice-chair of the commission and may act as the chair
84.28of the commission in the absence of the governor. The governor may designate a staff
84.29member to attend commission meetings and vote on the governor's behalf in the absence
84.30of the governor.
84.31(b) The commission shall meet at least quarterly and at other times at the call of the
84.32chair. Meetings of the commission are subject to chapter 13D.
84.33 Subd. 5. Administrative support. The commission may designate an executive
84.34secretary and obtain administrative support through a contract with a state agency or
84.35other means.
84.36 Subd. 6. Duties. (a) The commission:
85.1(1) shall exercise ongoing coordination of the restoration, protection, risk
85.2management, and preservation of the Capitol building;
85.3(2) shall consult with and advise the commissioner of administration, the board, and
85.4the Minnesota Historical Society regarding their applicable statutory responsibilities
85.5for and in the Capitol building;
85.6(3) may assist in the selection of an architectural firm to assist in the preparation of
85.7the predesign plan for the restoration of the Capitol building;
85.8(4) shall develop a comprehensive, multiyear, predesign plan for the restoration
85.9of the Capitol building, review the plan periodically, and, as appropriate, amend and
85.10modify the plan. The predesign plan shall identify appropriate and required functions of
85.11the Capitol building; identify and address space requirements for legislative, executive,
85.12and judicial branch functions; and identify and address the long-term maintenance
85.13and preservation requirements of the Capitol building. In developing the predesign
85.14plan, the commission shall take into account the comprehensive plan for the Minnesota
85.15State Capitol Area, as amended in 2010, the rules governing zoning and design for the
85.16Capitol Area, citizen access, information technology needs, energy efficiency, security,
85.17educational programs including public and school tours, and any additional space needs
85.18for the efficient operation of state government;
85.19(5) shall develop and implement a comprehensive financial plan to fund the
85.20preservation and restoration of the Capitol building;
85.21(6) shall provide annual reports about the condition of the Capitol building and its
85.22needs, as well as all activities related to the restoration of the Capitol building; and
85.23(7) may solicit gifts, grants, or donations of any kind from any private or public
85.24source to carry out the purposes of this section. All gifts, grants, or donations received by
85.25the commission shall be deposited in a State Capitol preservation account established in
85.26the special revenue fund. Money in the account is appropriated to the commissioner of
85.27administration for the activities of the commission and implementation of the predesign
85.28plan under this section.
85.29(b) By January 15 of each year, the commission shall report to the chairs and ranking
85.30minority members of the legislative committees with jurisdiction over the commission
85.31regarding the activities and efforts of the commission in the preceding calendar year,
85.32including recommendations adopted by the commission, the comprehensive financial plan
85.33required under paragraph (a), clause (5), and any proposed draft legislation necessary to
85.34implement the recommendations of the commission.
85.35 Subd. 7. Expiration. Notwithstanding section 15.059, subdivision 5, the State
85.36Capitol Preservation Commission does not expire.
86.1 Sec. 4. [15B.34] CAPITOL BUILDING POWERS AND DUTIES.
86.2The board shall:
86.3(1) jointly, with the commissioner of administration and the Minnesota Historical
86.4Society, establish standards and policies for the repair, furnishing, appearance, and
86.5cleanliness of and change to the public and ceremonial areas of the Capitol building;
86.6(2) review and approve plans and specifications and any changes to approved plans
86.7and specifications involving the alteration of the public and ceremonial areas and the
86.8exterior of the Capitol building;
86.9(3) jointly, with the Minnesota Historical Society, review and approve the design,
86.10structural composition, and location of all monuments, memorials, or works of art
86.11presently located in the public and ceremonial areas of the State Capitol, or that will be
86.12placed in the public or ceremonial areas, according to section 138.68; and
86.13(4) assist the State Capitol Preservation Commission with performance of its duties
86.14as needed.
86.15 Sec. 5. [16B.2405] CAPITOL BUILDING POWERS AND DUTIES.
86.16The commissioner, upon receipt of funding for these purposes, shall:
86.17(1) maintain and operate the Capitol building and grounds according to section
86.1816B.24 and other applicable law;
86.19(2) designate a project manager to oversee and manage predesign, design, and
86.20construction contracts and funding for all modifications to the Capitol building;
86.21(3) manage design and construction projects and funding for the Capitol building
86.22according to section 16B.31 and other applicable law;
86.23(4) lease space in the Capitol building, as provided in section 16B.24, to state
86.24agencies, constitutional officers, and the court administrator on behalf of the judicial
86.25branch and allocate space in the Capitol building to the legislative branch as determined
86.26by the commission;
86.27(5) provide information about the Capitol building to the commission, legislative
86.28bodies, and others as needed regarding maintenance, operation, leasing, condition
86.29assessments, design, and construction projects; and
86.30(6) assist the State Capitol Preservation Commission with performance of its duties
86.31as needed.
86.32 Sec. 6. Minnesota Statutes 2010, section 129D.18, subdivision 3, is amended to read:
86.33 Subd. 3. Conditions. (a) A public station receiving funds appropriated under this
86.34section must:
87.1(1) make programs produced with these funds available for broadcast to all other
87.2public stations eligible to receive grants under this section;
87.3(2) offer freepublic performance rights for classroom use of programs produced
87.4with these funds to public educational institutions, excluding those materials for which
87.5public television stations do not have rights to distribute;
87.6(3) archive programs produced with these funds and make the programs available
87.7for future use through encore broadcast or other distribution, including online; and
87.8(4) ensure that underwriting credit is given to the Minnesota arts and cultural
87.9heritage fund.
87.10(b) Programs produced in partnership with other mission-centered nonprofit
87.11organizations may be used by the partnering organization for their own educational or
87.12promotional purposes.
87.13 Sec. 7. Minnesota Statutes 2010, section 129D.18, subdivision 4, is amended to read:
87.14 Subd. 4. Reporting. A public station receiving funds appropriated under this section
87.15must report annually by January 15 to the commissioner, the Legislative Coordinating
87.16Commission, and the chairs and ranking minority members of the senate and house
87.17of representatives committees and divisions having jurisdiction over arts and cultural
87.18heritage policy and finance regarding how the previous year's grant funds were expended.
87.19This In addition to all information required of each recipient of money from the arts and
87.20cultural heritage fund under section 3.303, subdivision 10, the report must contain specific
87.21information for each program produced and broadcast, including the cost of production,
87.22the number of stations broadcasting the program, estimated viewership, the number of
87.23hours of legacy program content available for streaming on Website downloads sites,
87.24and other related measures. If the programs produced include educational material, the
87.25public station must report on these efforts.
87.26 Sec. 8. Minnesota Statutes 2010, section 129D.19, subdivision 5, is amended to read:
87.27 Subd. 5. Reporting. A noncommercial radio station receiving funds appropriated
87.28under this section must report annually by January 15 to the commissioner, the Legislative
87.29Coordinating Commission, and the chairs and ranking minority members of the senate
87.30and house of representatives committees and divisions having jurisdiction over arts and
87.31cultural heritage policy and finance regarding how the previous year's grant funds were
87.32expended.This In addition to all information required of each recipient of money from
87.33the arts and cultural heritage fund under section 3.303, subdivision 10, the report must
87.34contain specific information for each program produced and broadcast, including the
88.1cost of production, the number of stations broadcasting the program, estimated number
88.2of listeners, and other related measures. If the programs produced include educational
88.3material, the noncommercial radio station must report on these efforts.
88.4 Sec. 9. [138.70] CAPITOL BUILDING POWERS AND DUTIES.
88.5The Minnesota Historical Society shall:
88.6(1) assist and advise in research and preservation of historical features of the Capitol
88.7building, appropriate custodial policies, and maintaining and repairing works of art
88.8according to section 138.69;
88.9(2) jointly, with the Capitol Area Architectural and Planning Board, review and
88.10approve the design, structural composition, and location of all monuments, memorials, or
88.11works of art presently located in the public and ceremonial areas of the Capitol building,
88.12or proposed for placement in the public or ceremonial areas, according to section 138.68;
88.13(3) assist with planning and design of restoration and renovations of the Capitol
88.14building in order to provide public access and education through public interpretive
88.15programs according to the society's statutory responsibilities under section 138.69; and
88.16(4) assist the State Capitol Preservation Commission with performance of its duties
88.17as needed.
88.18 Sec. 10. Laws 2009, chapter 172, article 4, section 9, subdivision 5, is amended to read:
88.19 Subd. 5. Report. The working group must report its findings and recommendations,
88.20including draft legislation, if necessary, to the Indian Affairs Council and the chairs and
88.21ranking minority members of the legislative committees and divisions with jurisdiction
88.22over early childhood through grade 12 educationand, higher education, and arts and
88.23cultural heritage policy or finance by February 15, 2011, and again by February 15, 2012.
88.24Thecommittee working group expires on February 16, 2011 2013.
88.25 Sec. 11. STATE CAPITOL PRESERVATION COMMISSION APPOINTMENTS
88.26AND FIRST MEETING.
88.27The appointing authorities designated in Minnesota Statutes, section 15B.32,
88.28subdivision 2, must complete their initial appointments to the commission no later than
88.29August 1, 2011. The governor, or the governor's designee, shall convene the first meeting
88.30of the commission within 30 days after the appointments required under this section
88.31have been completed.
89.1 Sec. 12. EFFECTIVE DATE; RELATIONSHIP TO OTHER
89.2APPROPRIATIONS.
89.3Unless otherwise specified, this article is effective retroactively from July 1, 2011,
89.4and supersedes and replaces funding authorized by order of the Second Judicial District
89.5Court in Case No. 62-CV-11-5203.
89.8 Section 1. Minnesota Statutes 2010, section 3.303, subdivision 10, is amended to read:
89.9 Subd. 10. Constitutionally dedicated funding accountability. (a) The Legislative
89.10Coordinating Commission shall develop and maintain a user-friendly, public-oriented
89.11Web site that informs, educates, and demonstrates to the public how the constitutionally
89.12dedicated funds in the arts and cultural heritage fund, outdoor heritage fund, clean water
89.13fund, parks and trails fund, and environment and natural resources trust fund are being
89.14expended to meet the requirements established for each fund in the state constitution.
89.15Information provided on the Web site must include, but is not limited to:
89.16(1) information on all project proposals received by the Outdoor Heritage Council
89.17and the Legislative-Citizen Commission on Minnesota Resources;
89.18(2) information on all projects receiving funding, including:
89.19(i) the name of the project and a project description;
89.20(ii) the name, telephone number, members of the board or equivalent governing
89.21body, and e-mail address of the funding recipient and, when applicable, the Web site
89.22address where the public can directly access detailed information on the recipient's receipt
89.23and use of money for the project;
89.24(iii) the amount and source of funding, including the fiscal year of the appropriation;
89.25(iv) the amount and source of any additional funding or leverage;
89.26(v) the duration of the project;
89.27(vi) the number of full-time equivalents funded under the project. For the purposes
89.28of this item, "full-time equivalent" means a position directly attributed to the receipt of
89.29money from one or more of the funds covered under this section, calculated as the total
89.30number of hours planned for the position divided by 2,088;
89.31(vii) the direct expenses and administration costs of the project;
89.32(viii) proposed measurable outcomes and the plan for measuring and evaluating
89.33the results;
89.34(ix) for pass-through, noncompetitive grants, the entity acting as the fiscal agent or
89.35administering agency and a point of contact for additional information; and
90.1 (x) for competitive grants, the name and a brief description of the qualifications of
90.2all board members or members of an equivalent governing body ultimately responsible
90.3for awarding the grants, as well as any grantmaking advisory group. In addition, an
90.4entity that awards competitive grants, including but not limited to a state agency or any
90.5statewide, regional, or local organization, must report whether an employee, decision
90.6maker, advisory group member, or other person involved in the grant process disclosed
90.7a conflict of interest or potential conflict of interest. If the entity reports that a conflict
90.8of interest or potential conflict of interest was disclosed, the entity must provide the
90.9Legislative Coordinating Commission with a contact person for additional information and
90.10the Legislative Coordinating Commission must post this information on the Web site. An
90.11entity that awards competitive grants must obtain and apply the conflict of interest policies
90.12developed by the commissioner of administration under section 16B.98, subdivision 3,
90.13unless the entity maintains and applies its own documented conflict of interest policies
90.14which are substantially similar to the commissioner of administration's policies;
90.15(3) actual measured outcomes and evaluation of projects as required under sections
90.1685.53
, subdivision 2; 114D.50, subdivision 2 4; and
129D.17, subdivision 2;
90.17(4) education about the areas and issues the projects address, including, when
90.18feasible, maps of where projects have been undertaken;
90.19(5) all frameworks developed for future uses of each fund; and
90.20(6) methods by which members of the public may apply for project funds under
90.21any of the constitutionally dedicated funds.
90.22(b) As soon as practicable or by January 15 of the applicable fiscal year, whichever
90.23comes first, a state agency or other recipient of a direct appropriation from a fund covered
90.24under this section shall submit the information required under paragraph (a) and, when
90.25applicable, compile and submit the same information for any grant recipient or other
90.26subrecipient of funding. All information for proposed and funded projects, including
90.27the proposed measurable outcomes, must be made available on the Web site as soon
90.28as practicable. Information on the measured outcomes and evaluation must be posted
90.29as soon as it becomes available. The costs of these activities shall be paid out of the
90.30arts and cultural heritage fund, outdoor heritage fund, clean water fund, parks and
90.31trails fund, and the environment and natural resources trust fund proportionately. For
90.32purposes of this section, "measurable outcomes" means outcomes, indicators, or other
90.33performance measures that may be quantified or otherwise measured in order to measure
90.34the effectiveness of a project or program in meeting its intended goal or purpose.
90.35(c) The Legislative Coordinating Commission shall be responsible for receiving all
90.36ten-year plans and 25-year frameworks for each of the constitutionally dedicated funds. To
91.1the extent practicable, staff for the commission shall provide assistance and oversight to
91.2these planning efforts and shall coordinate public access to hearings and public meetings
91.3for all planning efforts.
91.4 Sec. 2. Minnesota Statutes 2010, section 85.53, subdivision 2, is amended to read:
91.5 Subd. 2. Expenditures; accountability. (a) A project or program receiving funding
91.6from the parks and trails fund must meet or exceed the constitutional requirement to
91.7support parks and trails of regional or statewide significance. A project or program
91.8receiving funding from the parks and trails fund must include measurable outcomes, as
91.9defined in section3.303 , subdivision 10, and a plan for measuring and evaluating the
91.10results. A project or program must be consistent with current science and incorporate
91.11state-of-the-art technology, except when the project or program is a portrayal or restoration
91.12of historical significance.
91.13(b) Money from the parks and trails fund shall be expended to balance the benefits
91.14across all regions and residents of the state.
91.15(c)All A state agency or other recipient of a direct appropriation from the parks and
91.16trails fund must compile and submit all information for funded projects or programs,
91.17including the proposed measurable outcomes and all other items required under section
91.183.303, subdivision 10,must be made available on to the Legislative Coordinating
91.19Commission as soon as practicable or by January 15 of the applicable fiscal year,
91.20whichever comes first. The Legislative Coordinating Commission must post submitted
91.21information on the Web site required under section3.303 , subdivision 10, as soon as
91.22practicable. Information on the measured outcomes and evaluation must be posted as soon
91.23as it becomes available.
91.24(d) Grants funded by the parks and trails fund must be implemented according to
91.25section16B.98 and must account for all expenditures. Proposals must specify a process
91.26for any regranting envisioned. Priority for grant proposals must be given to proposals
91.27involving grants that will be competitively awarded.
91.28(e) Money from the parks and trails fund may only be spent on projects located
91.29in Minnesota.
91.30(f) When practicable, a direct recipient of an appropriation from the parks and
91.31trails fund shall prominently display on the recipient's Web site home page the legacy
91.32logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws
91.332010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more
91.34information." When a person clicks on the legacy logo image, the Web site must direct
91.35the person to a Web page that includes both the contact information that a person may
92.1use to obtain additional information, as well as a link to the Legislative Coordinating
92.2Commission Web site required under section 3.303, subdivision 10.
92.3(g) Future eligibility for money from the parks and trails fund is contingent upon a
92.4state agency or other recipient satisfying all applicable requirements in this section, as
92.5well as any additional requirements contained in applicable session law.
92.6 Sec. 3. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
92.7to read:
92.8 Subd. 12. Recipient requirements. (a) A state agency or other recipient of a direct
92.9appropriation from the outdoor heritage fund must compile and submit all information
92.10for funded projects or programs, including the proposed measurable outcomes and all
92.11other items required under section 3.303, subdivision 10, to the Legislative Coordinating
92.12Commission as soon as practicable or by January 15 of the applicable fiscal year,
92.13whichever comes first. The Legislative Coordinating Commission must post submitted
92.14information on the Web site required under section 3.303, subdivision 10, as soon as it
92.15becomes available.
92.16(b) When practicable, a direct recipient of an appropriation from the outdoor
92.17heritage fund shall prominently display on the recipient's Web site home page the legacy
92.18logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws
92.192010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more
92.20information." When a person clicks on the legacy logo image, the Web site must direct
92.21the person to a Web page that includes both the contact information that a person may
92.22use to obtain additional information, as well as a link to the Legislative Coordinating
92.23Commission Web site required under section 3.303, subdivision 10.
92.24(c) Future eligibility for money from the outdoor heritage fund is contingent upon a
92.25state agency or other recipient satisfying all applicable requirements in this section, as
92.26well as any additional requirements contained in applicable session law.
92.27 Sec. 4. Minnesota Statutes 2010, section 114D.50, subdivision 4, is amended to read:
92.28 Subd. 4. Expenditures; accountability. (a) A project receiving funding from the
92.29clean water fund must meet or exceed the constitutional requirements to protect, enhance,
92.30and restore water quality in lakes, rivers, and streams and to protect groundwater and
92.31drinking water from degradation. Priority may be given to projects that meet more than
92.32one of these requirements. A project receiving funding from the clean water fund shall
92.33include measurable outcomes, as defined in section3.303, subdivision 10 , and a plan for
93.1measuring and evaluating the results. A project must be consistent with current science
93.2and incorporate state-of-the-art technology.
93.3(b) Money from the clean water fund shall be expended to balance the benefits
93.4across all regions and residents of the state.
93.5(c)All A state agency or other recipient of a direct appropriation from the clean
93.6water fund must compile and submit all information for proposed and funded projects
93.7or programs, including the proposed measurable outcomes, must be made available on
93.8the Web site and all other items required under section
3.303, subdivision 10 , to the
93.9Legislative Coordinating Commission as soon as practicable or by January 15 of the
93.10applicable fiscal year, whichever comes first.Information on the measured outcomes and
93.11evaluation must be posted The Legislative Coordinating Commission must post submitted
93.12information on the Web site required under section 3.303, subdivision 10, as soon as it
93.13becomes available. Information classified as not public under section13D.05, subdivision
93.143 , paragraph (d), is not required to be placed on the Web site.
93.15(d) Grants funded by the clean water fund must be implemented according to section
93.1616B.98
and must account for all expenditures. Proposals must specify a process for any
93.17regranting envisioned. Priority for grant proposals must be given to proposals involving
93.18grants that will be competitively awarded.
93.19(e) Money from the clean water fund may only be spent on projects that benefit
93.20Minnesota waters.
93.21(f) When practicable, a direct recipient of an appropriation from the clean water fund
93.22shall prominently display on the recipient's Web site home page the legacy logo required
93.23under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter
93.24361, article 3, section 5, accompanied by the phrase "Click here for more information."
93.25When a person clicks on the legacy logo image, the Web site must direct the person to
93.26a Web page that includes both the contact information that a person may use to obtain
93.27additional information, as well as a link to the Legislative Coordinating Commission Web
93.28site required under section 3.303, subdivision 10.
93.29(g) Future eligibility for money from the clean water fund is contingent upon a state
93.30agency or other recipient satisfying all applicable requirements in this section, as well as
93.31any additional requirements contained in applicable session law.
93.32 Sec. 5. Minnesota Statutes 2010, section 129D.17, subdivision 2, is amended to read:
93.33 Subd. 2. Expenditures; accountability. (a) Funding from the arts and cultural
93.34heritage fund may be spent only for arts, arts education, and arts access, and to preserve
93.35Minnesota's history and cultural heritage. A project or program receiving funding from
94.1the arts and cultural heritage fund must include measurable outcomes, and a plan for
94.2measuring and evaluating the results. A project or program must be consistent with current
94.3scholarship, or best practices, when appropriate and must incorporate state-of-the-art
94.4technology when appropriate.
94.5(b) Funding from the arts and cultural heritage fund may be granted for an entire
94.6project or for part of a project so long as the recipient provides a description and cost for
94.7the entire project and can demonstrate that it has adequate resources to ensure that the
94.8entire project will be completed.
94.9(c) Money from the arts and cultural heritage fund shall be expended for benefits
94.10across all regions and residents of the state.
94.11(d)All A state agency or other recipient of a direct appropriation from the arts and
94.12cultural heritage fund must compile and submit all information for funded projects or
94.13programs, including the proposed measurable outcomes and all other items required under
94.14section 3.303, subdivision 10,must be made available on to the Legislative Coordinating
94.15CommissionWeb site, as soon as practicable or by January 15 of the applicable fiscal year,
94.16whichever comes first.Information on the measured outcomes and evaluation must be
94.17posted The Legislative Coordinating Commission must post submitted information on the
94.18Web site required under section 3.303, subdivision 10, as soon as it becomes available.
94.19(e) Grants funded by the arts and cultural heritage fund must be implemented
94.20according to section16B.98 and must account for all expenditures of funds. Priority for
94.21grant proposals must be given to proposals involving grants that will be competitively
94.22awarded.
94.23(f) All money from the arts and cultural heritage fund must be for projects located
94.24in Minnesota.
94.25(g) When practicable, a direct recipient of an appropriation from the arts and cultural
94.26heritage fund shall prominently display on the recipient's Web site home page the legacy
94.27logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws
94.282010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more
94.29information." When a person clicks on the legacy logo image, the Web site must direct
94.30the person to a Web page that includes both the contact information that a person may
94.31use to obtain additional information, as well as a link to the Legislative Coordinating
94.32Commission Web site required under section 3.303, subdivision 10.
94.33(h) Future eligibility for money from the arts and cultural heritage fund is contingent
94.34upon a state agency or other recipient satisfying all applicable requirements in this section,
94.35as well as any additional requirements contained in applicable session law.
95.1 Sec. 6. APPLICABILITY.
95.2Sections 7 to 10 apply to any appropriation for fiscal year 2012 or 2013 from a legacy
95.3fund. For the purposes of sections 7 to 10, "legacy fund" means the outdoor heritage fund,
95.4the clean water fund, the parks and trails fund, or the arts and cultural heritage fund
95.5 Sec. 7. GENERAL PROVISIONS.
95.6 Subdivision. 1. Grants. Grants funded by a legacy fund must be implemented
95.7according to Minnesota Statutes, section 16B.98, and the responsible entity must account
95.8for all expenditures of funds.
95.9 Subd. 2. Constitution. A recipient of money from a legacy fund must comply with
95.10the Minnesota Constitution, article XI, section 15, and may not substitute money received
95.11from a legacy fund for a traditional source of funding.
95.12 Subd. 3. Trusts and similar instruments. A recipient of money from a legacy fund
95.13must not use the money to fund a trust, endowment, or similar instrument unless:
95.14(1) the entity reports no later than February 1 each year to the commissioner of
95.15management and budget and the legislative committees with jurisdiction over legacy
95.16funds regarding the recipient's use and fiduciary stewardship of legacy funds during the
95.17period; and
95.18(2) the entity submits to regular audits of the trust, endowment, or similar instrument
95.19by the Office of the Legislative Auditor.
95.20 Sec. 8. IN THE EVENT OF A LAWSUIT.
95.21(a) An appropriation or portion of an appropriation from a legacy fund is canceled to
95.22the extent that a court determines that the appropriation unconstitutionally substitutes for
95.23a traditional source of funding.
95.24(b) Any grant contract or similar agreement that awards money from a legacy fund
95.25must contain the information in paragraph (a).
95.26 Sec. 9. LEGACY ACCOUNTING; TECHNICAL ASSISTANCE.
95.27No later than January 1, 2012, the commissioner of management and budget shall
95.28finalize guidance and best practices to assist state agencies in uniformly accounting for
95.29their expenditure of legacy funds. The commissioner shall make this information available
95.30to all state agencies identified in this act.
95.31 Sec. 10. EFFECTIVE DATE; RELATIONSHIP TO OTHER
95.32APPROPRIATIONS.
96.1Unless otherwise specified, this article is effective retroactively from July 1, 2011,
96.2and supersedes and replaces funding authorized by order of the Second Judicial District
96.3Court in Case No. 62-CV-11-5203.
1.3fund, clean water fund, parks and trails fund, and arts and cultural heritage
1.4fund; modifying certain outdoor heritage provisions; establishing accounts;
1.5creating state recreation area; modifying restoration evaluations; modifying
1.6grant programs; modifying accountability requirements; modifying definitions;
1.7modifying the Clean Water Legacy Act; modifying Clean Water Council;
1.8establishing State Capitol Preservation Commission; providing for Capitol
1.9building powers and duties; providing appointments; modifying reporting and
1.10other requirements for legacy fund recipients; modifying previous appropriations;
1.11requiring reports;amending Minnesota Statutes 2010, sections 3.303, subdivision
1.1210; 10A.01, subdivision 35; 85.013, by adding a subdivision; 85.53, subdivisions
1.132, 5; 97A.056, subdivisions 2, 3, 6, 9, 10, by adding subdivisions; 114D.10;
1.14114D.20, subdivisions 1, 2, 3, 6, 7; 114D.30; 114D.35; 114D.50, subdivisions
1.154, 6; 116.195; 129D.17, subdivision 2; 129D.18, subdivisions 3, 4; 129D.19,
1.16subdivision 5; Laws 2009, chapter 172, article 1, section 2, subdivisions 3, 15;
1.17article 2, section 4, as amended; article 4, section 9, subdivision 5; Laws 2010,
1.18chapter 361, article 1, section 2, subdivision 14; article 2, section 3; proposing
1.19coding for new law in Minnesota Statutes, chapters 15B; 16B; 84; 138; repealing
1.20Minnesota Statutes 2010, section 114D.45.
1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.24 |
Section 1. OUTDOOR HERITAGE APPROPRIATION. |
||||||
1.26agencies and for the purposes specified in this article. The appropriations are from the
1.27outdoor heritage fund and are available for the fiscal years indicated for each purpose. The
1.28figures "2012" and "2013" used in this article mean that the appropriations listed under
1.29them are available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively.
2.1"The first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium"
2.2is fiscal years 2012 and 2013. The appropriations in this article are onetime.
| 2.3 |
APPROPRIATIONS |
||||||
| 2.4 |
Available for the Year |
||||||
| 2.5 |
Ending June 30 |
||||||
| 2.6 |
2012 |
2013 |
|||||
| 2.7 |
Sec. 2. OUTDOOR HERITAGE |
||||||
| 2.8 |
Subdivision 1.Total Appropriation |
$ |
86,484,000 |
$ |
471,000 |
||
2.10heritage fund. The amounts that may be
2.11spent for each purpose are specified in the
2.12following subdivisions.
| 2.13 |
Subd. 2.Prairies |
32,671,000 |
-0- |
||||
2.15and Natural Areas, and Prairie Bank
2.16Easement Acquisition - Phase III
2.17$3,931,000 the first year is to the
2.18commissioner of natural resources to:
2.19(1) acquire land in fee for wildlife
2.20management area purposes under Minnesota
2.21Statutes, sections 86A.05, subdivision 8, and
2.2297A.145;
2.23(2) acquire land in fee for scientific and
2.24natural area purposes under Minnesota
2.25Statutes, sections 84.033 and 86A.05,
2.26subdivision 5; and
2.27(3) acquire native prairie bank easements
2.28under Minnesota Statutes, section 84.96.
2.29A list of proposed land or permanent
2.30conservation easement acquisitions must
2.31be provided as part of the required
2.32accomplishment plan. The accomplishment
2.33plan must include an easement monitoring
2.34and enforcement plan. Up to $14,000 is for
3.1establishing a monitoring and enforcement
3.2fund as approved in the accomplishment
3.3plan, and subject to subdivision 15. An
3.4annual financial report is required for
3.5any monitoring and enforcement fund
3.6established, including expenditures from the
3.7fund.
3.8(b) Accelerated Prairie Restoration and
3.9Enhancement on DNR Lands - Phase III
3.10$1,652,000 the first year is to the
3.11commissioner of natural resources to
3.12accelerate the restoration and enhancement
3.13on wildlife management areas, scientific and
3.14natural areas, and land under native prairie
3.15bank easements.
3.16(c) Minnesota Buffers for Wildlife and
3.17Water
3.18$2,249,000 the first year is to the Board of
3.19Water and Soil Resources in cooperation
3.20with Pheasants Forever to acquire permanent
3.21conservation easements to enhance habitat
3.22by expanding riparian wildlife buffers on
3.23private land. A list of proposed easement
3.24acquisitions must be provided as part of
3.25the required accomplishment plan. The
3.26accomplishment plan must include an
3.27easement monitoring and enforcement
3.28plan. Up to $200,000 is for establishing
3.29a monitoring and enforcement fund as
3.30approved in the accomplishment plan
3.31and subject to subdivision 15. An annual
3.32financial report is required for any monitoring
3.33and enforcement fund established, including
3.34expenditures from the fund.
4.1(d) Northern Tallgrass Prairie National
4.2Wildlife Refuge Land Acquisition - Phase
4.3III
4.4$1,720,000 the first year is to the
4.5commissioner of natural resources for an
4.6agreement with The Nature Conservancy
4.7to acquire land or permanent easements
4.8within the Northern Tallgrass Prairie Habitat
4.9Preservation Area in western Minnesota for
4.10addition to the Northern Tallgrass Prairie
4.11National Wildlife Refuge. A list of proposed
4.12land acquisitions must be provided as part
4.13of the required accomplishment plan. The
4.14accomplishment plan must include an
4.15easement monitoring and enforcement plan.
4.16(e) Minnesota Prairie Recovery Project -
4.17Phase II
4.18$4,500,000 the first year is to the
4.19commissioner of natural resources for an
4.20agreement with The Nature Conservancy to
4.21acquire native prairie and savanna and restore
4.22and enhance grasslands and savanna. A list of
4.23proposed land acquisitions must be provided
4.24as part of the required accomplishment plan.
4.25Acquisitions, restorations, and enhancements
4.26must be within the two existing and two
4.27additional pilot focus areas contained in
4.28the accomplishment plan. Annual income
4.29statements and balance sheets for income
4.30and expenses from land acquired with
4.31appropriations from the outdoor heritage
4.32fund must be submitted to the Lessard-Sams
4.33Outdoor Heritage Council.
4.34(f) Cannon River Headwaters Habitat
4.35Complex - Phase I
5.1$1,533,000 the first year is to the
5.2commissioner of natural resources for an
5.3agreement with The Trust for Public Land
5.4to acquire and restore lands in the Cannon
5.5River watershed for wildlife management
5.6area purposes under Minnesota Statutes,
5.7section 86A.05, subdivision 8, or aquatic
5.8management areas under Minnesota Statutes,
5.9sections 86A.05, subdivision 14, and
5.1097C.02. A list of proposed land acquisitions
5.11must be provided as part of the required
5.12accomplishment plan.
5.13(g) Accelerating the Wildlife Management
5.14Area Program - Phase III
5.15$5,500,000 the first year is to the
5.16commissioner of natural resources for an
5.17agreement with Pheasants Forever to acquire
5.18prairie and other habitat areas for wildlife
5.19management area purposes under Minnesota
5.20Statutes, section 86A.05, subdivision
5.218. A list of proposed land acquisitions
5.22must be provided as part of the required
5.23accomplishment plan.
5.24(h) Accelerating the Waterfowl Production
5.25Area Program - Phase III
5.26$9,815,000 the first year is to the
5.27commissioner of natural resources for
5.28an agreement with Pheasants Forever to
5.29accelerate the acquisition of wetlands and
5.30grasslands to be added to the waterfowl
5.31production area system in Minnesota in
5.32cooperation with the United States Fish and
5.33Wildlife Service. A list of proposed land
5.34acquisitions must be provided as part of the
5.35required accomplishment plan.
6.1(i) The Green Corridor Legacy Program -
6.2Phase III
6.3$1,771,000 the first year is to the
6.4commissioner of natural resources for
6.5an agreement with the Redwood Area
6.6Development Corporation to acquire land
6.7for wildlife management area purposes
6.8under Minnesota Statutes, section 86A.05,
6.9subdivision 8, or aquatic management areas
6.10under Minnesota Statutes, sections 86A.05,
6.11subdivision 14, and 97C.02. A list of
6.12proposed land acquisitions must be provided
6.13as part of the required accomplishment plan.
| 6.14 |
Subd. 3.Forests |
14,371,000 |
-0- |
||||
6.16Phase III
6.17$5,409,000 the first year is to the
6.18commissioner of natural resources to
6.19acquire forest and wetland habitat through
6.20working forest easements and fee acquisition
6.21under the Minnesota forests for the future
6.22program pursuant to Minnesota Statutes,
6.23section 84.66. A conservation easement
6.24acquired with money appropriated under this
6.25paragraph must comply with subdivision
6.2613. A list of proposed land acquisitions
6.27must be provided as part of the required
6.28accomplishment plan. The accomplishment
6.29plan must include an easement monitoring
6.30and enforcement plan. Up to $150,000 is for
6.31establishing a monitoring and enforcement
6.32fund as approved in the accomplishment plan
6.33and subject to subdivision 15. An annual
6.34financial report is required for any monitoring
7.1and enforcement fund established, including
7.2expenditures from the fund.
7.3(b) LaSalle Lake: Protecting Critical
7.4Mississippi Headwaters Habitat
7.5$4,632,000 the first year is to the
7.6commissioner of natural resources for an
7.7agreement with The Trust for Public Land
7.8to acquire land adjacent to LaSalle Lake in
7.9Hubbard County. A list of proposed land
7.10acquisitions must be provided as part of
7.11the required accomplishment plan. If the
7.12acquisition is not completed by July 15,
7.132012, or if a balance remains after acquisition
7.14of land, the money under this paragraph is
7.15available for acquisition under subdivision
7.162, paragraph (a).
7.17(c) Accelerated Forest Habitat
7.18Enhancement - Phase II
7.19$826,000 the first year is to the commissioner
7.20of natural resources to restore and enhance
7.21lands in state forests, pursuant to Minnesota
7.22Statutes, section 89.021.
7.23(d) Northeastern Minnesota Sharp-Tailed
7.24Grouse Habitat Partnership - Phase II
7.25$988,000 the first year is to the commissioner
7.26of natural resources for an agreement with
7.27Pheasants Forever in cooperation with the
7.28Minnesota Sharp-Tailed Grouse Society
7.29to acquire and enhance lands for wildlife
7.30management area purposes under Minnesota
7.31Statutes, section 86A.05, subdivision
7.328. A list of proposed land acquisitions
7.33must be provided as part of the required
7.34accomplishment plan.
8.1(e) Lower Mississippi River Habitat
8.2Partnership - Phase II
8.3$707,000 the first year is to the commissioner
8.4of natural resources to acquire and enhance
8.5habitat in the lower Root River and
8.6lower Zumbro River watersheds, pursuant
8.7to Minnesota Statutes, section 86A.05,
8.8subdivisions 7 and 8. A list of proposed land
8.9acquisitions must be provided as part of the
8.10required accomplishment plan.
8.11(f) Protect Key Forest Habitat Lands in
8.12Cass County - Phase II
8.13$604,000 the first year is to the commissioner
8.14of natural resources for an agreement with
8.15Cass County to acquire land in fee for forest
8.16wildlife habitat. A list of proposed land
8.17acquisitions must be provided as part of the
8.18required accomplishment plan.
8.19(g) State Forest Acquisition
8.20$1,205,000 the first year is to the
8.21commissioner of natural resources to acquire
8.22land in fee and permanent management
8.23access easements for state forests under
8.24Minnesota Statutes, section 86A.05,
8.25subdivision 7. A list of proposed land
8.26acquisitions must be provided as part of the
8.27required accomplishment plan.
| 8.28 |
Subd. 4.Wetlands |
15,827,000 |
-0- |
||||
8.30Reserve Acquisition and Restoration
8.31Program Partnership - Phase III
8.32$13,000,000 the first year is to the Board
8.33of Water and Soil Resources to acquire
8.34permanent conservation easements and
9.1restore wetlands and associated upland
9.2habitat in cooperation with the United States
9.3Department of Agriculture Wetlands Reserve
9.4Program. A list of proposed land acquisitions
9.5must be provided as part of the required
9.6accomplishment plan. The accomplishment
9.7plan must include an easement monitoring
9.8and enforcement plan. Up to $112,000 is for
9.9establishing a monitoring and enforcement
9.10fund as approved in the accomplishment plan
9.11and subject to subdivision 15. An annual
9.12financial report is required for any monitoring
9.13and enforcement fund established, including
9.14expenditures from the fund and a description
9.15of monitoring and 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 Board of
9.26Water and Soil Resources for an agreement
9.27with Ducks Unlimited to acquire wild
9.28rice lake shoreland habitat in fee and as
9.29permanent conservation easements as
9.30follows: $500,000 to the Department of
9.31Natural Resources; $1,100,000 to the Board
9.32of Water and Soil Resources; and $291,000
9.33to Ducks Unlimited. A list of proposed
9.34land acquisitions must be provided as
9.35part of the required accomplishment plan.
10.1The accomplishment plan must include
10.2an easement monitoring and enforcement
10.3plan. Up to $18,000 is for establishing
10.4a monitoring and enforcement fund as
10.5approved in the accomplishment plan
10.6and subject to subdivision 15. An annual
10.7financial report is required for any monitoring
10.8and enforcement fund established, including
10.9expenditures from the fund.
| 10.10 |
Subd. 5.Habitat |
22,914,000 |
-0- |
||||
10.12Area Habitat Program - Phase III
10.13$6,500,000 the first year is to the
10.14commissioner of natural resources to
10.15acquire interests in land in fee or permanent
10.16conservation easements for aquatic
10.17management areas under Minnesota Statutes,
10.18sections 86A.05, subdivision 14, and 97C.02,
10.19and to restore and enhance aquatic habitat. A
10.20list of proposed acquisitions and stream and
10.21lake habitat restorations and enhancements
10.22must be provided as part of the required
10.23accomplishment plan. The accomplishment
10.24plan must include an easement monitoring
10.25and enforcement plan.
10.26(b) Coldwater Fish Habitat Enhancement
10.27Program - Phase III
10.28$1,533,000 the first year is to the
10.29commissioner of natural resources for an
10.30agreement with Minnesota Trout Unlimited
10.31to restore, enhance, and protect coldwater
10.32river and stream habitats in Minnesota. A list
10.33of proposed projects, describing types and
10.34locations of restorations and enhancements,
11.1must be provided as part of the required
11.2accomplishment plan.
11.3(c) Land Addition to the Janet Johnson
11.4Memorial Wildlife Management Area
11.5$577,000 the first year is to the commissioner
11.6of natural resources for an agreement with
11.7Chisago County to acquire land in fee to
11.8be added to the Janet Johnson Memorial
11.9Wildlife Management Area under Minnesota
11.10Statutes, section 86A.05, subdivision
11.118. A list of proposed land acquisitions
11.12must be provided as part of the required
11.13accomplishment plan.
11.14(d) Metro Big Rivers Habitat - Phase II
11.15$5,000,000 the first year is to the
11.16commissioner of natural resources for
11.17agreements to acquire interests in land in
11.18fee or permanent conservation easements
11.19and to restore and enhance natural systems
11.20associated with the Mississippi, Minnesota,
11.21and St. Croix Rivers as follows: $960,000
11.22to the Minnesota Valley National Wildlife
11.23Refuge Trust, Inc.; $150,000 to Great
11.24River Greening; $840,000 to Minnesota
11.25Land Trust; $150,000 to Friends of the
11.26Mississippi River; and $2,900,000 to The
11.27Trust for Public Land. A list of proposed
11.28projects, describing types and locations of
11.29acquisitions, restorations, and enhancements,
11.30must be provided as part of the required
11.31accomplishment plan. The accomplishment
11.32plan must include an easement monitoring
11.33and enforcement plan. Money appropriated
11.34from the outdoor heritage fund for easement
11.35acquisition may be used to establish a
12.1monitoring and enforcement fund as
12.2approved in the accomplishment plan
12.3and subject to subdivision 15. An annual
12.4financial report is required for any monitoring
12.5and enforcement fund established, including
12.6expenditures from the fund.
12.7(e) Protecting Sensitive Shorelands in
12.8North Central Minnesota
12.9$1,098,000 the first year is to the
12.10commissioner of natural resources for
12.11agreements with the Leech Lake Watershed
12.12Foundation and the Minnesota Land Trust
12.13as follows: $339,000 to the Leech Lake
12.14Watershed Foundation; $741,000 to the
12.15Minnesota Land Trust; and $18,000 to the
12.16Department of Natural Resources to pay for
12.17acquisition-related expenses and monitoring
12.18costs of donated permanent conservation
12.19easements on sensitive shorelands in north
12.20central Minnesota. A list of proposed land
12.21acquisitions must be provided as part of
12.22the required accomplishment plan. The
12.23accomplishment plan must include an
12.24easement monitoring and enforcement
12.25plan. Up to $342,000 is for establishing
12.26a monitoring and enforcement fund as
12.27approved in the accomplishment plan
12.28and subject to subdivision 15. An annual
12.29financial report is required for any monitoring
12.30and enforcement fund established, including
12.31expenditures from the fund.
12.32(f) Restoring Native Habitat and Water
12.33Quality to Shell Rock River - Phase II
12.34$2,577,000 the first year is to the
12.35commissioner of natural resources for
13.1an agreement with the Shell Rock River
13.2Watershed District to acquire land in fee
13.3at the headwaters of the Shell Rock River
13.4for aquatic management area purposes
13.5under Minnesota Statutes, sections 86A.05,
13.6subdivision 14, and 97C.02, to restore
13.7and enhance aquatic habitat. The leases
13.8for gravel mining existing at the time of
13.9acquisition may not be extended and all gross
13.10income generated from mining operations
13.11must be transferred to the commissioner of
13.12management and budget and credited to the
13.13outdoor heritage fund. A list of proposed
13.14land acquisitions must be provided as part of
13.15the required accomplishment plan.
13.16(g) Outdoor Heritage Conservation
13.17Partners Grant Program - Phase III
13.18$5,629,000 the first year is to the
13.19commissioner of natural resources for a
13.20program to provide competitive, matching
13.21grants of up to $400,000 to local, regional,
13.22state, and national organizations for
13.23enhancement, restoration, or protection of
13.24forests, wetlands, prairies, and habitat for
13.25fish, game, or wildlife in Minnesota. Grants
13.26shall not be made for activities required to
13.27fulfill the duties of owners of lands subject
13.28to conservation easements. Grants shall
13.29not be made from appropriations in this
13.30paragraph for projects that have a total
13.31project cost exceeding $475,000. $319,000
13.32of this appropriation may be spent for
13.33personnel costs and other administrative
13.34costs. Grantees may acquire land or interests
13.35in land. Easements must be permanent.
13.36Land acquired in fee must be open to
14.1hunting and fishing during the open season
14.2unless otherwise provided by state law. The
14.3program shall require a match of at least ten
14.4percent from nonstate sources for grants of
14.5$100,000 or less and a match of at least 15
14.6percent from nonstate sources for grants over
14.7$100,000. Up to one-third of the match may
14.8be in-kind resources. For grant applications
14.9of $25,000 or less, the commissioner shall
14.10provide a separate, simplified application
14.11process. The criteria for evaluating grant
14.12applications over $25,000 must include the
14.13amount of habitat restored, enhanced, or
14.14protected; local support; encouragement
14.15of a local conservation culture; urgency;
14.16capacity to achieve multiple benefits;
14.17habitat benefits provided; consistency with
14.18current conservation science; adjacency
14.19to protected lands; full funding of the
14.20project; supplementing existing funding;
14.21public access for hunting and fishing during
14.22the open season; sustainability; degree
14.23of collaboration; and use of native plant
14.24materials. All projects must conform to
14.25the Minnesota statewide conservation and
14.26preservation plan. Wildlife habitat projects
14.27must also conform to the Minnesota wildlife
14.28action plan. Subject to the evaluation
14.29criteria and requirements of this paragraph
14.30and Minnesota Statutes, the commissioner
14.31of natural resources shall give priority to
14.32organizations that have a history of receiving
14.33or charter to receive private contributions
14.34for local conservation or habitat projects
14.35when evaluating projects of equal value. If
14.36acquiring land or a conservation easement,
15.1priority shall be given to projects associated
15.2with existing wildlife management areas
15.3under Minnesota Statutes, section 86A.05,
15.4subdivision 8; scientific and natural areas
15.5under Minnesota Statutes, sections 84.033
15.6and 86A.05, subdivision 5; and aquatic
15.7management areas under Minnesota Statutes,
15.8sections 86A.05, subdivision 14, and 97C.02.
15.9All restoration or enhancement projects
15.10must be on land permanently protected by a
15.11conservation easement or public ownership
15.12or in public waters as defined in Minnesota
15.13Statutes, section 103G.005, subdivision
15.1415. Priority shall be given to restoration
15.15and enhancement projects on public lands.
15.16Subdivision 9 applies to grants awarded
15.17under this paragraph. This appropriation is
15.18available until June 30, 2015. No less than
15.19five percent of the amount of each grant
15.20must be held back from reimbursement until
15.21the grant recipient has completed a grant
15.22accomplishment report by the deadline and
15.23in the form prescribed by and satisfactory to
15.24the Lessard-Sams Outdoor Heritage Council.
15.25The commissioner shall provide notice of the
15.26grant program in the 2011 game and fish law
15.27summaries that are prepared under Minnesota
15.28Statutes, section 97A.051, subdivision 2.
| 15.29 |
Subd. 6.Administration |
701,000 |
471,000 |
||||
15.31$175,000 the first year is to the commissioner
15.32of natural resources for contract management
15.33duties assigned in this section. The
15.34commissioner shall provide documentation
16.1to the Legislative Coordinating Commission
16.2on the expenditure of these funds.
16.3(b) Legislative Coordinating Commission
16.4(1) $471,000 the first year and $471,000
16.5the second year are to the Legislative
16.6Coordinating Commission for two years of
16.7administrative expenses of the Lessard-Sams
16.8Outdoor Heritage Council and for two years
16.9of compensation and expense reimbursement
16.10of council members.
16.11(2) $13,000 the first year is to the Legislative
16.12Coordinating Commission for the Web site
16.13required under Minnesota Statutes, section
16.143.303, subdivision 10.
16.15(c) Technical Evaluation Panel
16.16$42,000 the first year is to the commissioner
16.17of natural resources for a technical evaluation
16.18panel to conduct up to ten restoration
16.19evaluations under Minnesota Statutes,
16.20section 97A.056, subdivision 10.
| 16.21 |
Subd. 7.Availability of Appropriation |
||||||
16.23not be spent on activities unless they are
16.24directly related to and necessary for a
16.25specific appropriation and are specified
16.26in the accomplishment plan. Money
16.27appropriated in this section must not be
16.28spent on indirect costs or other institutional
16.29overhead charges that are not directly related
16.30to and necessary for a specific appropriation.
16.31Unless otherwise provided, the amounts
16.32in this section are available until June 30,
16.332014, when projects must be completed and
16.34final accomplishments reported. Funds for
17.1restoration or enhancement are available
17.2until June 30, 2016, or four years after
17.3acquisition, whichever is later, in order to
17.4complete restoration or enhancement work.
17.5If a project receives federal funds, the time
17.6period of the appropriation is extended to
17.7equal the availability of federal funding.
17.8Funds appropriated for fee title acquisition
17.9of land may be used to restore, enhance, and
17.10provide for the public use of land acquired
17.11with the appropriation. Public use facilities
17.12must have a minimal impact on habitat on
17.13acquired lands.
| 17.14 |
Subd. 8.Accomplishment Plans |
||||||
17.16appropriations made under this section that
17.17the agency or entity using the appropriation
17.18submit to the Lessard-Sams Outdoor
17.19Heritage Council an accomplishment plan
17.20and periodic accomplishment reports in
17.21the form determined by the council. The
17.22accomplishment plan must identify the
17.23project manager responsible for expending
17.24the appropriation and the final product. The
17.25accomplishment plan must account for the
17.26use of the appropriation and outcomes of
17.27the expenditure in measures of wetlands,
17.28prairies, forests, and fish, game, and wildlife
17.29habitat restored, protected, and enhanced.
17.30The plan must include an evaluation of
17.31results. None of the money provided in this
17.32section may be expended unless the council
17.33has approved the pertinent accomplishment
17.34plan.
| 17.35 |
Subd. 9.Project Requirements |
||||||
18.2appropriation made under this section, an
18.3agency or entity receiving an appropriation
18.4must comply with this subdivision for any
18.5project funded in whole or in part with funds
18.6from the appropriation.
18.7(b) All conservation easements acquired with
18.8money appropriated under this section must:
18.9(1) be permanent; (2) specify the parties to
18.10the easement; (3) specify all of the provisions
18.11of an agreement that are permanent; (4)
18.12specify the habitat types and location
18.13being protected; (5) where appropriate for
18.14conservation or water protection outcomes,
18.15require the grantor to employ practices
18.16retaining water on the eased land as long as
18.17practicable; (6) specify the responsibilities
18.18of the parties for habitat enhancement and
18.19restoration and the associated costs of these
18.20activities; (7) be sent to the office of the
18.21Lessard-Sams Outdoor Heritage Council; (8)
18.22include a long-term stewardship plan and
18.23identify the sources and amount of funding
18.24for monitoring and enforcing the easement
18.25agreement; and (9) identify the parties
18.26responsible for monitoring and enforcing the
18.27easement agreement.
18.28(c) For all restorations, a recipient must
18.29prepare and retain an ecological restoration
18.30and management plan that, to the degree
18.31practicable, is consistent with current
18.32conservation science and ecological goals
18.33for the restoration site. Consideration should
18.34be given to soil, geology, topography, and
18.35other relevant factors that would provide
18.36the best chance for long-term success and
19.1durability of the restoration projects. The
19.2plan must include the proposed timetable for
19.3implementing the restoration, including, but
19.4not limited to, site preparation, establishment
19.5of diverse plant species, maintenance, and
19.6additional enhancement to establish the
19.7restoration; identify long-term maintenance
19.8and management needs of the restoration
19.9and how the maintenance, management,
19.10and enhancement will be financed; and use
19.11current conservation science to achieve the
19.12best restoration.
19.13(d) For new lands acquired, a recipient
19.14must prepare a restoration and management
19.15plan in compliance with paragraph (c),
19.16including identification of sufficient funding
19.17for implementation.
19.18(e) To ensure public accountability for the
19.19use of public funds, a recipient must provide
19.20to the Lessard-Sams Outdoor Heritage
19.21Council documentation of the process
19.22used to select parcels acquired in fee or as
19.23permanent conservation easements and must
19.24provide the council with documentation
19.25of all related transaction costs, including,
19.26but not limited to, appraisals, legal fees,
19.27recording fees, commissions, other similar
19.28costs, and donations. This information
19.29must be provided for all parties involved
19.30in the transaction. The recipient must
19.31also report to the Lessard-Sams Outdoor
19.32Heritage Council any difference between the
19.33acquisition amount paid to the seller and the
19.34state-certified or state-reviewed appraisal, if
19.35a state-certified or state-reviewed appraisal
19.36was conducted. Acquisition data such
20.1as appraisals may remain private during
20.2negotiations but must ultimately be made
20.3public according to Minnesota Statutes,
20.4chapter 13.
20.5(f) Except as otherwise provided in this
20.6section, all restoration and enhancement
20.7projects funded with money appropriated
20.8under this section must be on land
20.9permanently protected by a conservation
20.10easement or public ownership or in public
20.11waters as defined in Minnesota Statutes,
20.12section 103G.005, subdivision 15.
20.13(g) To the extent an appropriation is used to
20.14acquire an interest in real property, a recipient
20.15of an appropriation under this section must
20.16provide to the Lessard-Sams Outdoor
20.17Heritage Council and the commissioner
20.18of management and budget an analysis of
20.19increased operations and maintenance costs
20.20likely to be incurred by public entities as
20.21a result of the acquisition and of how these
20.22costs are to be paid.
20.23(h) A recipient of money from an
20.24appropriation under this section must give
20.25consideration to and make timely written
20.26contact with Conservation Corps Minnesota
20.27for possible use of the corps' services to
20.28contract for restoration and enhancement
20.29services. A copy of the written contact
20.30must be filed with the Lessard-Sams
20.31Outdoor Heritage Council within 15 days of
20.32execution.
20.33(i) A recipient of money under this section
20.34must erect signage according to Laws 2009,
20.35chapter 172, article 5, section 10.
| 21.1 21.2 |
Subd. 10.Payment Conditions and Capital Equipment Expenditures |
||||||
21.4to in this section must be administered on
21.5a reimbursement basis unless otherwise
21.6provided in this section. Notwithstanding
21.7Minnesota Statutes, section 16A.41,
21.8expenditures directly related to each
21.9appropriation's purpose made on or after July
21.101, 2011, are eligible for reimbursement unless
21.11otherwise provided in this section. Periodic
21.12reimbursement must be made upon receiving
21.13documentation that the deliverable items
21.14articulated in the approved accomplishment
21.15plan have been achieved, including partial
21.16achievements as evidenced by approved
21.17progress reports. Reasonable amounts may
21.18be advanced to projects to accommodate
21.19cash flow needs, support future management
21.20of acquired lands, or match a federal share.
21.21The advances must be approved as part of
21.22the accomplishment plan. Capital equipment
21.23expenditures for specific items in excess of
21.24$10,000 must be itemized in and approved as
21.25part of the accomplishment plan.
| 21.26 21.27 |
Subd. 11.Purchase of Recycled and Recyclable Materials |
||||||
21.29corporation, or other entity that receives an
21.30appropriation under this section must use the
21.31appropriation in compliance with Minnesota
21.32Statutes, sections 16B.121, regarding
21.33purchase of recycled, repairable, and durable
21.34materials, and 16B.122, regarding purchase
21.35and use of paper stock and printing.
| 22.1 |
Subd. 12.Accessibility |
||||||
22.3meet the design standards in the Americans
22.4with Disabilities Act (ADA) accessibility
22.5guidelines.
| 22.6 |
Subd. 13.Land Acquisition Restrictions |
||||||
22.8not limited to, an easement or fee title that
22.9is acquired with money appropriated under
22.10this section must be used in perpetuity or for
22.11the specific term of an easement interest for
22.12the purpose for which the appropriation was
22.13made.
22.14(b) A recipient of funding who acquires
22.15an interest in real property subject to this
22.16subdivision may not alter the intended use
22.17of the interest in real property or convey
22.18any interest in the real property acquired
22.19with the appropriation without the prior
22.20review and approval of the Lessard-Sams
22.21Outdoor Heritage Council or its successor.
22.22The council shall notify the chairs and
22.23ranking minority members of the legislative
22.24committees and divisions with jurisdiction
22.25over the outdoor heritage fund at least 15
22.26business days before approval under this
22.27paragraph. The council shall establish
22.28procedures to review requests from recipients
22.29to alter the use of or convey an interest in
22.30real property. These procedures shall allow
22.31for the replacement of the interest in real
22.32property with another interest in real property
22.33meeting the following criteria: (1) the
22.34interest must be at least equal in fair market
22.35value, as certified by the commissioner
23.1of natural resources, to the interest being
23.2replaced; and (2) the interest must be in a
23.3reasonably equivalent location and have a
23.4reasonably equivalent useful conservation
23.5purpose compared to the interest being
23.6replaced, taking into consideration all effects
23.7from fragmentation of the whole habitat.
23.8(c) A recipient of funding who acquires an
23.9interest in real property under paragraph
23.10(a) must separately record a notice of
23.11funding restrictions in the appropriate local
23.12government office where the conveyance
23.13of the interest in real property is filed. The
23.14notice of funding agreement must contain:
23.15(1) a legal description of the interest in real
23.16property covered by the funding agreement;
23.17(2) a reference to the underlying funding
23.18agreement; (3) a reference to this section; and
23.19(4) the following statement: "This interest
23.20in real property shall be administered in
23.21accordance with the terms, conditions, and
23.22purposes of the grant agreement controlling
23.23the acquisition of the property. The interest
23.24in real property, or any portion of the interest
23.25in real property, shall not be sold, transferred,
23.26pledged, or otherwise disposed of or further
23.27encumbered without obtaining the prior
23.28written approval of the Lessard-Sams
23.29Outdoor Heritage Council or its successor.
23.30The ownership of the interest in real property
23.31shall transfer to the state if: (1) the holder of
23.32the interest in real property fails to comply
23.33with the terms and conditions of the grant
23.34agreement or accomplishment plan; or
23.35(2) restrictions are placed on the land that
24.1preclude its use for the intended purpose as
24.2specified in the appropriation."
| 24.3 |
Subd. 14.Real Property Interest Report |
||||||
24.5money appropriated under this section that
24.6is used for the acquisition of an interest in
24.7real property, including, but not limited to,
24.8an easement or fee title, must submit annual
24.9reports on the status of the real property to
24.10the Lessard-Sams Outdoor Heritage Council
24.11or its successor in a form determined by the
24.12council. The responsibility for reporting
24.13under this section may be transferred by
24.14the recipient of the appropriation to another
24.15person or entity that holds the interest in the
24.16real property. To complete the transfer of
24.17reporting responsibility, the recipient of the
24.18appropriation must: (1) inform the person
24.19to whom the responsibility is transferred of
24.20that person's reporting responsibility; (2)
24.21inform the person to whom the responsibility
24.22is transferred of the property restrictions
24.23under subdivision 13; and (3) provide written
24.24notice to the council of the transfer of
24.25reporting responsibility, including contact
24.26information for the person to whom the
24.27responsibility is transferred. After the
24.28transfer, the person or entity that holds the
24.29interest in the real property is responsible for
24.30reporting requirements under this section.
| 24.31 24.32 |
Subd. 15.Easement Monitoring and Enforcement Requirements |
||||||
24.34for easement monitoring and enforcement
24.35may be spent only on activities included in
25.1an easement monitoring and enforcement
25.2plan contained within the accomplishment
25.3plan. Money received for monitoring
25.4and enforcement, including earnings on
25.5the money received, shall be kept in a
25.6monitoring and enforcement fund held by
25.7the organization and is appropriated for
25.8monitoring and enforcing conservation
25.9easements within Minnesota. Within 120
25.10days after the close of the entity's fiscal
25.11year, an entity receiving appropriations for
25.12easement monitoring and enforcement must
25.13provide an annual financial report to the
25.14Lessard-Sams Outdoor Heritage Council on
25.15the easement monitoring and enforcement
25.16fund as specified in the accomplishment plan.
25.17Money appropriated under this section for
25.18monitoring and enforcement of easements
25.19and earnings on the money appropriated
25.20shall revert to the state if: (1) the easement
25.21transfers to the state under subdivision 13;
25.22(2) the holder of the easement fails to file
25.23an annual report and then fails to cure that
25.24default within 30 days of notification of the
25.25default by the state; or (3) the holder of the
25.26easement fails to comply with the terms
25.27of the monitoring and enforcement plan
25.28contained within the accomplishment plan
25.29and fails to cure that default within 90 days
25.30of notification of the default by the state.
| 25.31 |
Subd. 16.Successor Organizations |
||||||
25.33may approve the continuation of a project
25.34with an organization that has adopted
25.35a new name. Continuation of a project
25.36with an organization that has undergone
26.1a significant change in mission, structure,
26.2or purpose requires: (1) notice to the
26.3chairs of the legislative committees with
26.4relevant jurisdiction; and (2) presentation
26.5by the council of proposed legislation either
26.6ratifying or rejecting continued involvement
26.7with the new organization.
| 26.8 |
Subd. 17.Appropriations Adjustment |
||||||
| 26.9 26.10 |
(a) Mississippi River Bluffland Prairie Protection Initiative. |
||||||
26.12chapter 172, article 1, section 2, subdivision
26.132, paragraph (f), up to $65,000 is for deposit
26.14in a monitoring and enforcement account as
26.15authorized in subdivision 15.
| 26.16 26.17 |
(b) Critical Shoreline Habitat Protection Program |
||||||
26.19chapter 361, article 1, section 2, subdivision
26.203, paragraph (a), up to $187,000 is for deposit
26.21in a monitoring and enforcement account as
26.22authorized in subdivision 15.
| 26.23 26.24 |
(c) Riparian and Lakeshore Protection in Dakota County |
||||||
26.26chapter 361, article 1, section 2, subdivision
26.275, paragraph (d), up to $80,000 is for deposit
26.28in a monitoring and enforcement account as
26.29authorized in subdivision 15.
| 26.30 |
(d) Valley Creek Protection Partnership |
||||||
26.32chapter 361, article 1, section 2, subdivision
26.335, paragraph (e), up to $12,000 is for deposit
26.34in a monitoring and enforcement account as
26.35authorized in subdivision 15.
27.1 Sec. 3. [84.68] FORESTS FOR THE FUTURE CONSERVATION EASEMENT
27.2ACCOUNT.
27.3 Subdivision 1. Account established; sources. The forests for the future
27.4conservation easement account is created in the natural resources fund in the state treasury.
27.5The following revenue shall be deposited in the account:
27.6(1) contributions to the account or specified for any purposes of the account;
27.7(2) financial contributions required under section 84.66, subdivision 11, or other
27.8applicable law; and
27.9(3) money appropriated or transferred for the purposes described in subdivision 2.
27.10Interest earned on money in the account accrues to the account.
27.11 Subd. 2. Appropriation; purposes of account. Four percent of the balance on July
27.121 in the forests for the future conservation easement account is annually appropriated
27.13to the commissioner of natural resources and may be spent only to cover the costs of
27.14managing forests for the future conservation easements held by the Department of Natural
27.15Resources, including costs incurred from monitoring, landowner contracts, record keeping,
27.16processing landowner notices, requests for approval or amendments, and enforcement.
27.17EFFECTIVE DATE.This section is effective the day following final enactment.
27.18 Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
27.19to read:
27.20 Subd. 1a. Definitions. For the purpose of appropriations from the outdoor heritage
27.21fund, "recipient" means the entity responsible for deliverables financed by the outdoor
27.22heritage fund.
27.23EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
27.24 Sec. 5. Minnesota Statutes 2010, section 97A.056, subdivision 2, is amended to read:
27.25 Subd. 2. Lessard-Sams Outdoor Heritage Council. (a) The Lessard-Sams
27.26Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of:
27.27 (1) two public members appointed by the senate Subcommittee on Committees of
27.28the Committee on Rules and Administration;
27.29 (2) two public members appointed by the speaker of the house;
27.30 (3) four public members appointed by the governor;
27.31 (4) two members of the senate appointed by the senate Subcommittee on Committees
27.32of the Committee on Rules and Administration; and
28.1 (5) two members of the house of representatives appointed by the speaker of the
28.2house.
28.3 (b) Members appointed under paragraph (a) must not be registered lobbyists.
28.4In making appointments, the governor, senate Subcommittee on Committees of the
28.5Committee on Rules and Administration, and the speaker of the house shall consider
28.6geographic balance, gender, age, ethnicity, and varying interests including hunting and
28.7fishing. The governor's appointments to the council are subject to the advice and consent
28.8of the senate.
28.9 (c) Public members appointed under paragraph (a) shall have practical experience
28.10or expertise or demonstrated knowledge in the science, policy, or practice of restoring,
28.11protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and
28.12wildlife.
28.13 (d) Legislative members appointed under paragraph (a) shall include the chairs
28.14of the legislative committees with jurisdiction over environment and natural resources
28.15finance or their designee, one member from the minority party of the senate, and one
28.16member from the minority party of the house of representatives.
28.17 (e) Public members serve four-year terms
28.18at the pleasure of the appointing authority. Public and legislative members continue to
28.19serve until their successors are appointed. Public members shall be initially appointed
28.20according to the following schedule of terms:
28.21 (1) two public members appointed by the governor for a term ending the first
28.22Monday in January 2011;
28.23 (2) one public member appointed by the senate Subcommittee on Committees of the
28.24Committee on Rules and Administration for a term ending the first Monday in January
28.252011;
28.26 (3) one public member appointed by the speaker of the house for a term ending
28.27the first Monday in January 2011;
28.28 (4) two public members appointed by the governor for a term ending the first
28.29Monday in January 2013;
28.30 (5) one public member appointed by the senate Subcommittee on Committees of the
28.31Committee on Rules and Administration for a term ending the first Monday in January
28.322013; and
28.33 (6) one public member appointed by the speaker of the house for a term ending the
28.34first Monday in January 2013
28.35
28.36
29.1
29.2
29.3 (f)
29.4provided in section
29.5authority for the remainder of the unexpired term.
29.6 (g) The first meeting of the council shall be convened by the chair of the Legislative
29.7Coordinating Commission no later than December 1, 2008. Members shall elect a chair,
29.8vice-chair, secretary, and other officers as determined by the council. The chair may
29.9convene meetings as necessary to conduct the duties prescribed by this section.
29.10 (h) Upon coordination with
29.11Commission, the council may appoint nonpartisan staff and contract with consultants
29.12as necessary to carry out the functions of the council. Up to one percent of the money
29.13appropriated from the fund may be used to pay for administrative expenses of the council
29.14and for compensation and expense reimbursement of council members.
29.15 Sec. 6. Minnesota Statutes 2010, section 97A.056, subdivision 3, is amended to read:
29.16 Subd. 3. Council recommendations. (a) The council shall make recommendations
29.17to the legislature on appropriations of money from the outdoor heritage fund that are
29.18consistent with the Constitution and state law and that will achieve the outcomes of
29.19existing natural resource plans, including, but not limited to, the Minnesota Statewide
29.20Conservation and Preservation Plan, that directly relate to the restoration, protection, and
29.21enhancement of wetlands, prairies, forests, and habitat for fish, game, and wildlife, and
29.22that prevent forest fragmentation, encourage forest consolidation, and expand restored
29.23native prairie. In making recommendations, the council shall consider a range of options
29.24that would best restore, protect, and enhance wetlands, prairies, forests, and habitat
29.25for fish, game, and wildlife
29.26
29.27
29.28
29.29no later than January 15 each year. The council shall present its recommendations to the
29.30senate and house of representatives committees with jurisdiction over the environment
29.31and natural resources budget by February 15 in odd-numbered years, and within the
29.32first four weeks of the legislative session in even-numbered years. The council's budget
29.33recommendations to the legislature shall be separate from the Department of Natural
29.34Resource's budget recommendations.
30.1 (b) To encourage and support local conservation efforts, the council shall establish a
30.2conservation partners program. Local, regional, state, or national organizations may apply
30.3for matching grants for restoration, protection, and enhancement of wetlands, prairies,
30.4forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation,
30.5encouragement of forest consolidation, and expansion of restored native prairie.
30.6 (c) The council may work with the Clean Water Council to identify projects that
30.7are consistent with both the purpose of the outdoor heritage fund and the purpose of
30.8the clean water fund.
30.9 (d) The council may make recommendations to the Legislative-Citizen Commission
30.10on Minnesota Resources on scientific research that will assist in restoring, protecting, and
30.11enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing
30.12forest fragmentation, encouraging forest consolidation, and expanding restored native
30.13prairie.
30.14 (e) Recommendations of the council, including approval of recommendations for the
30.15outdoor heritage fund, require an affirmative vote of at least nine members of the council.
30.16(f) The council may work with the Clean Water Council, the Legislative-Citizen
30.17Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and
30.18water conservation districts, and experts from Minnesota State Colleges and Universities
30.19and the University of Minnesota in developing the council's recommendations.
30.20(g) The council shall develop and implement a process that ensures that citizens
30.21and potential recipients of funds are included throughout the process, including the
30.22development and finalization of the council's recommendations. The process must include
30.23a fair, equitable, and thorough process for reviewing requests for funding and a clear and
30.24easily understood process for ranking projects.
30.25(h) The council shall use the regions of the state based upon the ecological
30.26sections and
30.27and establish objectives for each region and subregion to achieve the purposes of the fund
30.28outlined in the state constitution.
30.29(i) The council shall develop and submit to the Legislative Coordinating Commission
30.30plans for the first ten years of funding, and a framework for 25 years of funding, consistent
30.31with statutory and constitutional requirements. The council may use existing plans from
30.32other legislative, state, and federal sources, as applicable.
30.33 Sec. 7. Minnesota Statutes 2010, section 97A.056, subdivision 6, is amended to read:
30.34 Subd. 6. Audit. The legislative auditor shall audit the outdoor heritage fund
30.35expenditures, including administrative and staffing expenditures,
31.1ensure that the money is spent
31.2
31.3Constitution.
31.4 Sec. 8. Minnesota Statutes 2010, section 97A.056, subdivision 9, is amended to read:
31.5 Subd. 9. Lands in public domain. Money appropriated from the outdoor heritage
31.6fund shall not be used to purchase any land in fee title or a permanent conservation
31.7easement if the land in question is fully or partially owned by the state of Minnesota
31.8or a political subdivision of the state, unless: (1) the purchase creates additional direct
31.9benefit to protect, restore, or enhance the state's wetlands, prairies, forests, or habitat
31.10for fish, game, and wildlife; and (2) the purchase is approved by an affirmative vote of
31.11at least nine members of the council.
31.12
31.13
31.14
31.15 Sec. 9. Minnesota Statutes 2010, section 97A.056, subdivision 10, is amended to read:
31.16 Subd. 10. Restoration evaluations.
31.17of natural resources and the Board of Water and Soil Resources
31.18a technical evaluation panel comprised of five members, including one technical
31.19representative from the Board of Water and Soil Resources, one technical representative
31.20from the Department of Natural Resources, one technical expert from the University of
31.21Minnesota or the Minnesota State Colleges and Universities, and two representatives
31.22with expertise in the project being evaluated. The board and the commissioner may add
31.23a technical representative from a unit of federal or local government. The members of
31.24the technical evaluation panel may not be associated with the restoration, may vary
31.25depending upon the projects being reviewed, and shall avoid any potential conflicts of
31.26interest. Each year, the board and the commissioner
31.27identify a sample of up to ten habitat restoration projects completed with outdoor heritage
31.28funding. The coordinator shall secure the restoration plans for the projects specified and
31.29direct the technical evaluation panel to evaluate the restorations relative to the law, current
31.30science, and the stated goals and standards in the restoration plan and, when applicable, to
31.31the Board of Water and Soil Resources' native vegetation establishment and enhancement
31.32guidelines. The coordinator shall summarize the findings of the panel and provide a report
31.33to the chair of the Lessard-Sams Outdoor Heritage Council and the chairs of the respective
31.34house of representatives and senate policy and finance committees with jurisdiction over
32.1natural resources and spending from the outdoor heritage fund. The report shall determine
32.2if the restorations are meeting planned goals, any problems with the implementation of
32.3restorations, and, if necessary, recommendations on improving restorations. The report
32.4shall be focused on improving future restorations. Up to one-tenth of one percent of
32.5forecasted receipts from the outdoor heritage fund may be used for restoration evaluations
32.6under this section.
32.7 Sec. 10. Laws 2009, chapter 172, article 1, section 2, subdivision 3, is amended to read:
| 32.8 |
Subd. 3.Forests |
18,000,000 |
18,000,000 |
||||
32.10$18,000,000 in fiscal year 2011 are to the
32.11commissioner of natural resources to acquire
32.12land or permanent working forest easements
32.13on private forests in areas identified through
32.14the Minnesota forests for the future program
32.15under Minnesota Statutes, section
32.16Up to $750,000 in fiscal year 2011 may
32.17be transferred to the forests for the future
32.18conservation easement account and used
32.19for the purposes specified under Minnesota
32.20Statutes, section 84.68, subdivision 2.
32.21Priority must be given to acquiring land
32.22or interests in private lands within existing
32.23Minnesota state forest boundaries. Any
32.24easements acquired must have a forest
32.25management plan as defined in Minnesota
32.26Statutes, section
32.27A list of proposed fee title and easement
32.28acquisitions must be provided as part of the
32.29required accomplishment plan.
32.30
32.31
32.32
32.33
33.1
33.2
33.3EFFECTIVE DATE.This section is effective retroactively from June 29, 2011.
33.4 Sec. 11. Laws 2009, chapter 172, article 1, section 2, subdivision 15, is amended to
33.5read:
| 33.6 |
Subd. 15.Real Property Interest Report |
||||||
33.8money appropriated under this section that
33.9is used for the acquisition of an interest in
33.10real property, including but not limited to
33.11an easement or fee title, must submit annual
33.12reports on the status of the real property to
33.13the Lessard Outdoor Heritage Council or
33.14its successor in a form determined by the
33.15council. The responsibility for reporting
33.16under this section may be transferred by
33.17the recipient of the appropriation to another
33.18person or entity that holds the interest in the
33.19real property. To complete the transfer of
33.20reporting responsibility, the recipient of the
33.21appropriation must:
33.22(1) inform the person to whom the
33.23responsibility is transferred of that person's
33.24reporting responsibility;
33.25(2) inform the person to whom the
33.26responsibility is transferred of the property
33.27restrictions under subdivision 14; and
33.28(3) provide written notice to the council
33.29of the transfer of reporting responsibility,
33.30including contact information for the person
33.31to whom the responsibility is transferred.
33.32
33.33
34.1
34.2
34.3
34.4After the transfer, the person or entity that
34.5holds the interest in the real property is
34.6responsible for reporting requirements under
34.7this section.
34.8 Sec. 12. Laws 2010, chapter 361, article 1, section 2, subdivision 14, is amended to
34.9read:
| 34.10 |
Subd. 14.Real Property Interest Report |
||||||
34.12money appropriated under this section that
34.13is used for the acquisition of an interest in
34.14real property, including, but not limited to,
34.15an easement or fee title, must submit annual
34.16reports on the status of the real property to
34.17the Lessard-Sams Outdoor Heritage Council
34.18or its successor in a form determined by the
34.19council. The responsibility for reporting
34.20under this section may be transferred by
34.21the recipient of the appropriation to another
34.22person or entity that holds the interest in the
34.23real property. To complete the transfer of
34.24reporting responsibility, the recipient of the
34.25appropriation must: (1) inform the person
34.26to whom the responsibility is transferred of
34.27that person's reporting responsibility; (2)
34.28inform the person to whom the responsibility
34.29is transferred of the property restrictions
34.30under subdivision 13; and (3) provide written
34.31notice to the council of the transfer of
34.32reporting responsibility, including contact
34.33information for the person to whom the
34.34responsibility is transferred
35.1
35.2
35.3
35.4
35.5
35.6
35.7
35.8or entity that holds the interest in the
35.9real property is responsible for reporting
35.10requirements under this section.
35.11 Sec. 13. EFFECTIVE DATE; RELATIONSHIP TO OTHER
35.12APPROPRIATIONS.
35.13Unless otherwise specified, this article is effective retroactively from July 1, 2011,
35.14and supersedes and replaces funding authorized by order of the Second Judicial District
35.15Court in Case No. 62-CV-11-5203.
| 35.18 |
Section 1. CLEAN WATER FUND APPROPRIATIONS. |
||||||
35.20agencies and for the purposes specified in this article. The appropriations are from the
35.21clean water fund and are available for the fiscal years indicated for allowable activities
35.22under the Minnesota Constitution, article XI, section 15. The figures "2012" and "2013"
35.23used in this article mean that the appropriation listed under them are available for the
35.24fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The first year" is fiscal
35.25year 2012. "The second year" is fiscal year 2013. "The biennium" is fiscal years 2012
35.26and 2013. The appropriations in this article are onetime.
| 35.27 |
APPROPRIATIONS |
||||||
| 35.28 |
Available for the Year |
||||||
| 35.29 |
Ending June 30 |
||||||
| 35.30 |
2012 |
2013 |
|||||
| 35.31 |
Sec. 2. CLEAN WATER |
||||||
| 35.32 |
Subdivision 1.Total Appropriation |
$ |
90,517,000 |
$ |
88,912,000 |
||
36.2purpose are specified in the following
36.3sections.
| 36.4 |
Subd. 2.Availability of Appropriation |
||||||
36.6not be spent on activities unless they are
36.7directly related to and necessary for a specific
36.8appropriation. Money appropriated in this
36.9article must not be spent on indirect costs
36.10or other institutional overhead charges that
36.11are not directly related to and necessary for
36.12a specific appropriation. Notwithstanding
36.13Minnesota Statutes, section 16A.28, and
36.14unless otherwise specified in this article,
36.15fiscal year 2012 appropriations are available
36.16until June 30, 2013, and fiscal year 2013
36.17appropriations are available until June 30,
36.182014. If a project receives federal funds, the
36.19time period of the appropriation is extended
36.20to equal the availability of federal funding.
| 36.21 |
Sec. 3. DEPARTMENT OF AGRICULTURE |
$ |
7,700,000 |
$ |
7,700,000 |
||
36.23second year are to increase monitoring for
36.24pesticides and pesticide degradates in surface
36.25water and groundwater and to use data
36.26collected to assess pesticide use practices.
36.27(b) $850,000 the first year and $850,000
36.28the second year are to increase monitoring
36.29and evaluate trends in the concentration of
36.30nitrates in groundwater in high-risk areas
36.31and regionally and to promote and evaluate
36.32regional and crop-specific nutrient best
36.33management practices. This appropriation is
36.34available until June 30, 2016.
37.1(c) $4,500,000 the first year and $4,500,000
37.2the second year are for the agriculture best
37.3management practices loan program. At
37.4least $3,500,000 the first year and at least
37.5$3,900,000 the second year are for transfer to
37.6the clean water agricultural best management
37.7practices loan account and are available
37.8for pass-through to local governments
37.9and lenders for low-interest loans under
37.10Minnesota Statutes, section 17.117. Any
37.11unencumbered balance that is not used for
37.12pass-through to local governments does not
37.13cancel at the end of the first year and is
37.14available for the second year.
37.15(d) $775,000 the first year and $775,000
37.16the second year are for research, pilot
37.17projects, and technical assistance on proper
37.18implementation of best management
37.19practices and more precise information on
37.20nonpoint contributions to impaired waters.
37.21This appropriation is available until June 30,
37.222016.
37.23(e) $1,050,000 the first year and $1,050,000
37.24the second year are for research to quantify
37.25agricultural contributions to impaired waters
37.26and for development and evaluation of
37.27best management practices to protect and
37.28restore water resources while maintaining
37.29productivity. This appropriation is available
37.30until June 30, 2016.
37.31(f) $175,000 the first year and $175,000 the
37.32second year are for a research inventory
37.33database containing water-related research
37.34activities. This appropriation is available
37.35until June 30, 2016.
| 38.1 |
Sec. 4. PUBLIC FACILITIES AUTHORITY |
$ |
16,710,000 |
$ |
16,710,000 |
||
38.3$11,185,000 the second year are for the total
38.4maximum daily load grant program under
38.5Minnesota Statutes, section 446A.073. This
38.6appropriation is available until June 30, 2016.
38.7(b) $4,275,000 the first year and $4,275,000
38.8the second year are for the clean water legacy
38.9phosphorus reduction grant program under
38.10Minnesota Statutes, section 446A.074. This
38.11appropriation is available until June 30, 2016.
38.12(c) $1,250,000 the first year and $1,250,000
38.13the second year are for small community
38.14wastewater treatment grants and loans under
38.15Minnesota Statutes, section 446A.075. This
38.16appropriation is available until June 30, 2016.
38.17(d) If there are any uncommitted funds at the
38.18end of each fiscal year under paragraph (a),
38.19(b), or (c), the Public Facilities Authority
38.20may transfer the remaining funds to eligible
38.21projects under any of the programs listed
38.22in this section based on their priority rank
38.23on the Pollution Control Agency's project
38.24priority list.
| 38.25 |
Sec. 5. POLLUTION CONTROL AGENCY |
$ |
24,212,000 |
$ |
23,558,000 |
||
38.27the second year are for completion of 20
38.28percent of the needed statewide assessments
38.29of surface water quality and trends. Of
38.30this amount, $100,000 the first year and
38.31$100,000 the second year are for grants
38.32to the Red River Watershed Management
38.33Board to enhance and expand the existing
38.34water quality and watershed monitoring river
39.1watch activities in the schools in the Red
39.2River of the North. The Red River Watershed
39.3Management Board shall provide a report to
39.4the commissioner of the Pollution Control
39.5Agency and the legislative committees and
39.6divisions with jurisdiction over environment
39.7and natural resources finance and policy and
39.8the clean water fund by February 15, 2013,
39.9on the expenditure of these funds.
39.10(b) $9,400,000 the first year and $9,400,000
39.11the second year are to develop total maximum
39.12daily load (TMDL) studies and TMDL
39.13implementation plans for waters listed on
39.14the United States Environmental Protection
39.15Agency approved impaired waters list in
39.16accordance with Minnesota Statutes, chapter
39.17114D. The agency shall complete an average
39.18of ten percent of the TMDL's each year over
39.19the biennium.
39.20(c) $1,125,000 the first year and $1,125,000
39.21the second year are for groundwater
39.22assessment, including enhancing the
39.23ambient monitoring network, modeling,
39.24and continuing to monitor for and assess
39.25contaminants of emerging concern.
39.26(d) $750,000 the first year and $750,000
39.27the second year are for water quality
39.28improvements in the lower St. Louis River
39.29and Duluth harbor. This appropriation must
39.30be matched at a rate of 65 percent nonstate
39.31money to 35 percent state money.
39.32(e) $1,000,000 the first year and $1,000,000
39.33the second year are for the clean water
39.34partnership program to provide grants
39.35to protect and improve the basins and
40.1watersheds of the state and provide financial
40.2and technical assistance to study waters
40.3with nonpoint source pollution problems.
40.4Priority shall be given to projects preventing
40.5impairments and degradation of lakes, rivers,
40.6streams, and groundwater in accordance
40.7with Minnesota Statutes, section 114D.20,
40.8subdivision 2, clause (4). Any balance
40.9remaining in the first year does not cancel
40.10and is available for the second year.
40.11(f) $400,000 the first year and $400,000 the
40.12second year are for storm water research and
40.13guidance.
40.14(g) $1,150,000 the first year and $1,150,000
40.15the second year are for TMDL research and
40.16database development.
40.17(h) $800,000 the first year and $800,000
40.18the second year are for national pollutant
40.19discharge elimination system wastewater and
40.20storm water TMDL implementation efforts.
40.21(i) $225,000 the first year and $225,000
40.22the second year are transferred to the
40.23commissioner of administration for the
40.24Environmental Quality Board in cooperation
40.25with the United States Geological Survey
40.26to characterize groundwater flow and
40.27aquifer properties in the I-94 corridor in
40.28cooperation with local units of government.
40.29This appropriation is available until June 30,
40.302016.
40.31(j) $1,000,000 the first year and $500,000
40.32the second year are for a wild rice standards
40.33study.
40.34(k) $862,000 the first year and $708,000
40.35the second year are for groundwater
41.1protection or prevention of groundwater
41.2degradation activities through enhancing the
41.3county-level delivery system for subsurface
41.4sewage treatment systems (SSTS). The
41.5commissioner shall consult with the SSTS
41.6Compliance Task Force in developing a
41.7distribution allocation for the county base
41.8grants.
41.9(l) Notwithstanding Minnesota Statutes,
41.10section 16A.28, the appropriations
41.11encumbered on or before June 30, 2013,
41.12as grants or contracts in this section are
41.13available until June 30, 2016.
| 41.14 41.15 |
Sec. 6. DEPARTMENT OF NATURAL RESOURCES |
$ |
10,860,000 |
$ |
9,860,000 |
||
41.17the second year are for the continuation and
41.18expansion of stream flow monitoring.
41.19(b) $1,150,000 the first year and $1,150,000
41.20the second year are for lake Index of
41.21Biological Integrity (IBI) assessments,
41.22including assessment of 400 additional lakes
41.23and technical analysis to develop an aquatic
41.24plant IBI analysis. The commissioner shall
41.25work with the commissioner of the Pollution
41.26Control Agency on the development of an
41.27assessment tool.
41.28(c) $130,000 the first year and $130,000
41.29the second year are for assessing mercury
41.30contamination of fish, including monitoring
41.31to track the status of waters impaired by
41.32mercury and mercury reduction efforts over
41.33time.
41.34(d) $1,730,000 the first year and $1,730,000
41.35the second year are for TMDL development
42.1and TMDL implementation plans for waters
42.2listed on the United States Environmental
42.3Protection Agency approved impaired waters
42.4list in accordance with Minnesota Statutes,
42.5chapter 114D, and for development of a
42.6watershed assessment tool.
42.7(e) $1,500,000 the first year and $1,500,000
42.8the second year are for water supply
42.9planning, aquifer protection, and monitoring
42.10activities.
42.11(f) $450,000 the first year and $450,000 the
42.12second year are for establishing a Web-based
42.13electronic permitting system to capture water
42.14appropriation use information.
42.15(g) $1,725,000 the first year and $1,725,000
42.16the second year are for shoreland
42.17stewardship, TMDL implementation
42.18coordination, providing technical assistance
42.19to the Drainage Work Group and Drainage
42.20Management Team, and maintaining and
42.21updating data. Of this amount, $235,000
42.22each year is for maintaining and updating
42.23watershed boundaries and integrating
42.24high-resolution digital elevation data with
42.25watershed modeling and $40,000 each year
42.26is for a biomonitoring database. TMDL
42.27implementation coordination efforts shall be
42.28focused on major watersheds with TMDL
42.29implementation plans, including forested
42.30watersheds.
42.31(h) $1,350,000 the first year and $1,350,000
42.32the second year are to acquire and distribute
42.33high-resolution digital elevation data using
42.34light detection and ranging to aid with
42.35impaired waters modeling and TMDL
43.1implementation under Minnesota Statutes,
43.2chapter 114D. The money shall be used
43.3to collect data for areas of the state that
43.4have not acquired the data prior to January
43.51, 2007, or to complete acquisition and
43.6distribution of the data for those areas of
43.7the state that have not previously received
43.8state funds for acquiring and distributing the
43.9data. The distribution of data acquired under
43.10this paragraph must be conducted under
43.11the auspices of the Minnesota Geospatial
43.12Information Office, which shall receive up
43.13to 2.5 percent of the appropriation in this
43.14paragraph to support coordination of data
43.15acquisition and distribution. Mapping and
43.16data set distribution under this paragraph
43.17must be completed within three years of
43.18funds availability. The commissioner shall
43.19utilize department staff whenever possible.
43.20The commissioner may contract for services
43.21only if the services cannot otherwise be
43.22provided by the department.
43.23(i) $1,000,000 the first year is for
43.24implementation of the metropolitan
43.25groundwater monitoring and protection
43.26activities under Minnesota Laws 2010,
43.27chapter 361, article 2, section 4, subdivision
43.282.
| 43.29 43.30 |
Sec. 7. BOARD OF WATER AND SOIL RESOURCES |
$ |
27,534,000 |
$ |
27,534,000 |
||
43.32$13,750,000 the second year are for
43.33pollution reduction and restoration grants
43.34to local government units and joint powers
43.35organizations of local government units to
44.1protect surface water and drinking water; to
44.2keep water on the land; to protect, enhance,
44.3and restore water quality in lakes, rivers,
44.4and streams; and to protect groundwater
44.5and drinking water, including feedlot water
44.6quality and subsurface sewage treatment
44.7system (SSTS) projects and stream bank,
44.8stream channel, and shoreline restoration
44.9projects. The projects must be of long-lasting
44.10public benefit, include a match, and be
44.11consistent with TMDL implementation plans
44.12or local water management plans.
44.13(b) $3,000,000 the first year and $3,000,000
44.14the second year are for targeted local
44.15resource protection and enhancement grants.
44.16The board shall give priority consideration
44.17to projects and practices that complement,
44.18supplement, or exceed current state standards
44.19for protection, enhancement, and restoration
44.20of water quality in lakes, rivers, and streams
44.21or that protect groundwater from degradation.
44.22Of this amount, at least $1,500,000 each year
44.23is for county SSTS implementation.
44.24(c) $900,000 the first year and $900,000 the
44.25second year are to provide state oversight
44.26and accountability, evaluate results, and
44.27measure the value of conservation program
44.28implementation by local governments,
44.29including submission to the legislature
44.30by March 1 each year an annual report
44.31prepared by the board, in consultation with
44.32the commissioners of natural resources,
44.33health, agriculture, and the Pollution Control
44.34Agency, detailing the recipients and projects
44.35funded under this section. The board shall
44.36require grantees to specify the outcomes that
45.1will be achieved by the grants prior to any
45.2grant awards.
45.3(d) $1,000,000 the first year and $1,000,000
45.4the second year are for technical assistance
45.5and grants for the conservation drainage
45.6program in consultation with the Drainage
45.7Work Group, created under Minnesota
45.8Statutes, section 103B.101, subdivision
45.913, that consists of projects to retrofit
45.10existing drainage systems with water quality
45.11improvement practices, evaluate outcomes,
45.12and provide outreach to landowners, public
45.13drainage authorities, drainage engineers and
45.14contractors, and others.
45.15(e) $6,000,000 the first year and $6,000,000
45.16the second year are to purchase and restore
45.17permanent conservation easements on
45.18riparian buffers adjacent to public waters,
45.19excluding wetlands, to keep water on the
45.20land in order to decrease sediment, pollutant,
45.21and nutrient transport; reduce hydrologic
45.22impacts to surface waters; and increase
45.23infiltration for groundwater recharge. The
45.24riparian buffers must be at least 50 feet
45.25unless there is a natural impediment, a road,
45.26or other impediment beyond the control
45.27of the landowner. This appropriation may
45.28be used for restoration of riparian buffers
45.29protected by easements purchased with
45.30this appropriation and for stream bank
45.31restorations when the riparian buffers have
45.32been restored.
45.33(f) $1,300,000 the first year and $1,300,000
45.34the second year are for permanent
45.35conservation easements on wellhead
46.1protection areas under Minnesota Statutes,
46.2section 103F.515, subdivision 2, paragraph
46.3(d). Priority must be placed on land that
46.4is located where the vulnerability of the
46.5drinking water supply is designated as high
46.6or very high by the commissioner of health.
46.7(g) $1,500,000 the first year and $1,500,000
46.8the second year are for community partners
46.9grants to local units of government for:
46.10(1) structural or vegetative management
46.11practices that reduce storm water runoff
46.12from developed or disturbed lands to reduce
46.13the movement of sediment, nutrients, and
46.14pollutants for restoration, protection, or
46.15enhancement of water quality in lakes, rivers,
46.16and streams and to protect groundwater
46.17and drinking water; and (2) installation
46.18of proven and effective water retention
46.19practices including, but not limited to, rain
46.20gardens and other vegetated infiltration
46.21basins and sediment control basins in order
46.22to keep water on the land. The projects
46.23must be of long-lasting public benefit,
46.24include a local match, and be consistent with
46.25TMDL implementation plans or local water
46.26management plans. Local government unit
46.27staff and administration costs may be used
46.28as a match.
46.29(h) $84,000 the first year and $84,000 the
46.30second year are for a technical evaluation
46.31panel to conduct up to ten restoration
46.32evaluations under Minnesota Statutes,
46.33section 114D.50, subdivision 6.
46.34(i) The board shall contract for services
46.35with Conservation Corps Minnesota for
47.1restoration, maintenance, and other activities
47.2under this section for $500,000 the first year
47.3and $500,000 the second year.
47.4(j) The board may shift grant or cost-share
47.5funds in this section and may adjust the
47.6technical and administrative assistance
47.7portion of the funds to leverage federal or
47.8other nonstate funds or to address oversight
47.9responsibilities or high-priority needs
47.10identified in local water management plans.
47.11(k) The appropriations in this section are
47.12available until June 30, 2016.
| 47.13 |
Sec. 8. DEPARTMENT OF HEALTH |
$ |
2,988,000 |
$ |
3,050,000 |
||
47.15the second year are for addressing public
47.16health concerns related to contaminants
47.17found in Minnesota drinking water for which
47.18no health-based drinking water standard
47.19exists.
47.20(b) $1,415,000 the first year and $1,415,000
47.21the second year are for protection of drinking
47.22water sources.
47.23(c) $250,000 the first year and $250,000 the
47.24second year are for cost-share assistance to
47.25public and private well owners for up to 50
47.26percent of the cost of sealing unused wells.
47.27(d) $303,000 the first year and $365,000 the
47.28second year are to expand the county well
47.29index.
| 47.30 |
Sec. 9. METROPOLITAN COUNCIL |
$ |
500,000 |
$ |
500,000 |
||
47.32second year are for implementation of the
48.1master water supply plan developed under
48.2Minnesota Statutes, section 473.1565.
| 48.3 |
Sec. 10. LEGISLATURE |
$ |
13,000 |
$ |
-0- |
||
48.5Coordinating Commission for the costs of
48.6developing and implementing a Web site to
48.7contain information on projects receiving
48.8appropriations from the clean water fund and
48.9other constitutionally dedicated funds.
| 48.10 |
Sec. 11. CARRYFORWARD |
||||||
48.12172, article 2, section 4, paragraph (g), as
48.13amended by Laws 2010, chapter 361, article
48.142, section 2, are available until June 30,
48.152013, and may be spent to continue research
48.16and testing on the potential for coal tar
48.17contamination of waters, on the study of
48.18treatment and disposal options, and for grants
48.19to local units of government.
48.20(b) The appropriation in Laws 2010, chapter
48.21361, article 2, section 4, subdivision 1, for
48.22nitrogen and nitrate water quality standards
48.23rulemaking is available until June 30, 2012.
48.24(c) The appropriations in Laws 2009, chapter
48.25172, article 2, section 4, paragraph (a),
48.26as amended by Laws 2010, chapter 361,
48.27article 2, section 2, for total maximum
48.28daily load (TDML) study development and
48.29implementation are available until June 30,
48.302014.
48.31(d) The appropriations in Laws 2009, chapter
48.32172, article 2, section 2, paragraph (d),
48.33for research and pilot projects related to
49.1ways agricultural practices contribute to
49.2restoring impaired waters and assist with the
49.3development of TMDL plans, are available
49.4until June 30, 2016.
49.5EFFECTIVE DATE.This section is effective retroactively from June 29, 2011.
49.6 Sec. 12. Minnesota Statutes 2010, section 10A.01, subdivision 35, is amended to read:
49.7 Subd. 35. Public official. "Public official" means any:
49.8 (1) member of the legislature;
49.9 (2) individual employed by the legislature as secretary of the senate, legislative
49.10auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
49.11legislative analyst, or attorney in the Office of Senate Counsel and Research or House
49.12Research;
49.13 (3) constitutional officer in the executive branch and the officer's chief administrative
49.14deputy;
49.15 (4) solicitor general or deputy, assistant, or special assistant attorney general;
49.16 (5) commissioner, deputy commissioner, or assistant commissioner of any state
49.17department or agency as listed in section
49.18officer;
49.19 (6) member, chief administrative officer, or deputy chief administrative officer of a
49.20state board or commission that has either the power to adopt, amend, or repeal rules under
49.21chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
49.22 (7) individual employed in the executive branch who is authorized to adopt, amend,
49.23or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
49.24 (8) executive director of the State Board of Investment;
49.25 (9) deputy of any official listed in clauses (7) and (8);
49.26 (10) judge of the Workers' Compensation Court of Appeals;
49.27 (11) administrative law judge or compensation judge in the State Office of
49.28Administrative Hearings or unemployment law judge in the Department of Employment
49.29and Economic Development;
49.30 (12) member, regional administrator, division director, general counsel, or operations
49.31manager of the Metropolitan Council;
49.32 (13) member or chief administrator of a metropolitan agency;
49.33 (14) director of the Division of Alcohol and Gambling Enforcement in the
49.34Department of Public Safety;
49.35 (15) member or executive director of the Higher Education Facilities Authority;
50.1 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
50.2 (17) member of the board of directors or executive director of the Minnesota State
50.3High School League;
50.4 (18) member of the Minnesota Ballpark Authority established in section
50.5 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
50.6 (20) manager of a watershed district, or member of a watershed management
50.7organization as defined under section
50.8 (21) supervisor of a soil and water conservation district;
50.9(22) director of Explore Minnesota Tourism;
50.10 (23) citizen member of the Lessard-Sams Outdoor Heritage Council established in
50.11section
50.13 Sec. 13. Minnesota Statutes 2010, section 114D.10, is amended to read:
50.14114D.10 LEGISLATIVE PURPOSE AND FINDINGS.
50.15 Subdivision 1. Purpose. The purpose of the Clean Water Legacy Act is to protect,
50.16enhance, and restore
50.17lakes, rivers, and streams and to protect groundwater from degradation, by providing
50.18authority, direction, and resources to achieve and maintain water quality standards for
50.19groundwater and surface waters
50.20of the federal Clean Water Act, United States Code, title 33, section 1313(d), and other
50.21applicable state and federal regulations.
50.22 Subd. 2. Findings. The legislature finds that:
50.23(1) there is a close link between protecting, enhancing, and restoring
50.24the quality of Minnesota's groundwater and surface waters and the ability to develop the
50.25state's economy, enhance its quality of life, and protect its human and natural resources;
50.26(2) achieving the state's water quality goals will require long-term commitment and
50.27cooperation by all state and local agencies, and other public and private organizations
50.28and individuals, with responsibility and authority for water management, planning, and
50.29protection; and
50.30(3) all persons and organizations whose activities affect the quality of waters,
50.31including point and nonpoint sources of pollution, have a responsibility to participate in
50.32and support efforts to achieve the state's water quality goals.
50.33 Sec. 14. Minnesota Statutes 2010, section 114D.20, subdivision 1, is amended to read:
51.1 Subdivision 1. Coordination and cooperation. In implementing this chapter,
51.2public agencies and private entities shall take into consideration the relevant provisions of
51.3local and other applicable water management, conservation, land use, land management,
51.4and development plans and programs. Public agencies with authority for local water
51.5management, conservation, land use, land management, and development plans shall
51.6take into consideration the manner in which their plans affect the implementation of
51.7this chapter. Public agencies shall identify opportunities to participate and assist in the
51.8successful implementation of this chapter, including the funding or technical assistance
51.9needs, if any, that may be necessary. In implementing this chapter, public agencies shall
51.10endeavor to engage the cooperation of organizations and individuals whose activities
51.11affect the quality of groundwater or surface waters, including point and nonpoint sources
51.12of pollution, and who have authority and responsibility for water management, planning,
51.13and protection. To the extent practicable, public agencies shall endeavor to enter into
51.14formal and informal agreements and arrangements with federal agencies and departments
51.15to jointly utilize staff and educational, technical, and financial resources to deliver
51.16programs or conduct activities to achieve the intent of this chapter, including efforts
51.17under the federal Clean Water Act and other federal farm and soil and water conservation
51.18programs. Nothing in this chapter affects the application of silvicultural exemptions under
51.19any federal, state, or local law or requires silvicultural practices more stringent than those
51.20recommended in the timber harvesting and forest management guidelines adopted by the
51.21Minnesota Forest Resources Council under section
51.22 Sec. 15. Minnesota Statutes 2010, section 114D.20, subdivision 2, is amended to read:
51.23 Subd. 2. Goals for implementation. The following goals must guide the
51.24implementation of this chapter:
51.25(1) to identify impaired waters in accordance with federal TMDL requirements
51.26within ten years after the effective date of this section and thereafter to ensure continuing
51.27evaluation of surface waters for impairments;
51.28(2) to submit TMDL's to the United States Environmental Protection Agency for all
51.29impaired waters in a timely manner in accordance with federal TMDL requirements;
51.30(3) to set a reasonable time for implementing restoration of each identified impaired
51.31water;
51.32(4) to provide assistance and incentives to prevent waters from becoming impaired
51.33and to improve the quality of waters that are listed as impaired but do not have an
51.34approved TMDL addressing the impairment;
52.1(5) to promptly seek the delisting of waters from the impaired waters list when those
52.2waters are shown to achieve the designated uses applicable to the waters;
52.3(6) to achieve compliance with federal Clean Water Act requirements in Minnesota
52.4(7) to support effective measures to prevent the degradation of groundwater
52.5according to the groundwater degradation prevention goal under section 103H.001; and
52.6(8) to support effective measures to restore degraded groundwater.
52.7 Sec. 16. Minnesota Statutes 2010, section 114D.20, subdivision 3, is amended to read:
52.8 Subd. 3. Implementation policies. The following policies must guide the
52.9implementation of this chapter:
52.10(1) develop regional and watershed TMDL's and TMDL implementation plans, and
52.11TMDL's and TMDL implementation plans for multiple pollutants, where reasonable and
52.12feasible;
52.13(2) maximize use of available organizational, technical, and financial resources to
52.14perform sampling, monitoring, and other activities to identify degraded groundwater and
52.15impaired waters, including use of citizen monitoring and citizen monitoring data used
52.16by the Pollution Control Agency in assessing water quality
52.17requirements in Appendix D of the Volunteer Surface Water Monitoring Guide, Minnesota
52.18Pollution Control Agency (2003);
52.19(3) maximize opportunities for restoration of degraded groundwater and impaired
52.20waters, by prioritizing and targeting of available programmatic, financial, and technical
52.21resources and by providing additional state resources to complement and leverage
52.22available resources;
52.23(4) use existing regulatory authorities to achieve restoration for point and nonpoint
52.24sources of pollution where applicable, and promote the development and use of effective
52.25nonregulatory measures to address pollution sources for which regulations are not
52.26applicable;
52.27(5) use restoration methods that have a demonstrated effectiveness in reducing
52.28impairments and provide the greatest long-term positive impact on water quality protection
52.29and improvement and related conservation benefits while incorporating innovative
52.30approaches on a case-by-case basis;
52.31(6) identify for the legislature any innovative approaches that may strengthen or
52.32complement existing programs;
52.33(7) identify and encourage implementation of measures to prevent surface waters
52.34from becoming impaired and to improve the quality of waters that are listed as impaired
52.35but have no approved TMDL addressing the impairment using the best available data and
53.1technology, and establish and report outcome-based performance measures that monitor
53.2the progress and effectiveness of protection and restoration measures;
53.3(8) monitor and enforce cost-sharing contracts and impose monetary damages in an
53.4amount up to 150 percent of the financial assistance received for failure to comply
53.5(9) identify and encourage implementation of measures to prevent groundwater from
53.6becoming degraded and measures that restore groundwater resources.
53.7 Sec. 17. Minnesota Statutes 2010, section 114D.20, subdivision 6, is amended to read:
53.8 Subd. 6. Priorities for restoration of impaired waters. In implementing
53.9restoration of impaired waters, in addition to the priority considerations in subdivision 5,
53.10the Clean Water Council shall give priority in its recommendations for restoration funding
53.11from the clean water
53.12(1) coordinate with and utilize existing local authorities and infrastructure for
53.13implementation;
53.14(2) can be implemented in whole or in part by providing support for existing or
53.15ongoing restoration efforts;
53.16(3) most effectively leverage other sources of restoration funding, including federal,
53.17state, local, and private sources of funds;
53.18(4) show a high potential for early restoration and delisting based upon scientific
53.19data developed through public agency or citizen monitoring or other means; and
53.20(5) show a high potential for long-term water quality and related conservation
53.21benefits.
53.22 Sec. 18. Minnesota Statutes 2010, section 114D.20, subdivision 7, is amended to read:
53.23 Subd. 7. Priorities for funding prevention actions. The Clean Water Council
53.24shall apply the priorities applicable under subdivision 6, as far as practicable, when
53.25recommending priorities for funding actions to prevent groundwater and surface waters
53.26from becoming degraded or impaired and to improve the quality of surface waters that are
53.27listed as impaired but do not have an approved TMDL.
53.28 Sec. 19. Minnesota Statutes 2010, section 114D.30, is amended to read:
53.29114D.30 CLEAN WATER COUNCIL.
53.30 Subdivision 1. Creation; duties. A Clean Water Council is created to advise on the
53.31administration and implementation of this chapter, and foster coordination and cooperation
53.32as described in section
53.33development of appropriate processes for expert scientific review as described in section
54.2support for the council with the support of other member agencies. The members of the
54.3council shall elect a chair from the
54.4 Subd. 2. Membership; appointment. (a) The commissioners of natural resources,
54.5agriculture, health, and the Pollution Control Agency, and the executive director of the
54.6Board of Water and Soil Resources shall each appoint one person from their respective
54.7agency to serve as a nonvoting member of the council.
54.8
54.9including one member from the majority party and one member from the minority party,
54.10appointed by the speaker and two senators, including one member from the majority
54.11party and one member from the minority party, appointed according to the rules of the
54.12senate shall serve at the pleasure of the appointing authority as nonvoting members of
54.13the council. Agency and legislative members appointed under this paragraph serve as
54.14nonvoting members of the council.
54.15(b) Nineteen
54.16by the governor as follows:
54.17(1) two members representing statewide farm organizations;
54.18(2) two members representing business organizations;
54.19(3) two members representing environmental organizations;
54.20(4) one member representing soil and water conservation districts;
54.21(5) one member representing watershed districts;
54.22(6) one member representing nonprofit organizations focused on improvement of
54.23Minnesota lakes or streams;
54.24(7) two members representing organizations of county governments, one member
54.25representing the interests of rural counties and one member representing the interests of
54.26counties in the seven-county metropolitan area;
54.27(8) two members representing organizations of city governments;
54.28(9) one member representing the Metropolitan Council established under section
54.30(10) one member representing township
54.31(11) one member representing the interests of tribal governments;
54.32(12) one member representing statewide hunting organizations;
54.33(13) one member representing the University of Minnesota or a Minnesota state
54.34university; and
54.35(14) one member representing statewide fishing organizations.
55.1Members appointed under
55.2lobbyists or legislators. In making appointments, the governor must attempt to provide for
55.3geographic balance. The members of the council appointed by the governor are subject
55.4to the advice and consent of the senate.
55.5 Subd. 3. Conflict of interest. A Clean Water Council member may not participate
55.6in or vote on a decision of the council relating to an organization in which the member has
55.7either a direct or indirect personal financial interest. While serving on the Clean Water
55.8Council, a member shall avoid any potential conflict of interest.
55.9 Subd. 4. Terms; compensation; removal.
55.10
55.11
55.12Metropolitan Council are four years and are coterminous with the governor. The terms
55.13of other nonlegislative members of the council shall be as provided in section
55.14subdivision 2. Members may serve until their successors are appointed and qualify.
55.15Compensation and removal of nonlegislative council members is as provided in section
55.17by the appointing authority. A vacancy on the council may be filled by the appointing
55.18authority provided in subdivision 1 for the remainder of the unexpired term.
55.19 Subd. 5. Implementation plan. The Clean Water Council shall recommend a plan
55.20for implementation of this chapter and the provisions of article XI, section 15, of the
55.21Minnesota Constitution relating to clean water. The recommended plan shall address
55.22general procedures and time frames for implementing this chapter, and shall include a more
55.23specific implementation work plan for the next fiscal biennium and a framework for setting
55.24priorities to address impaired waters consistent with section
55.25The council shall issue
55.26
55.27 Subd. 6. Recommendations on appropriation of funds. (a) The Clean Water
55.28Council shall recommend to the governor and the legislature the manner in which
55.29money from the clean water
55.30
55.31Minnesota Constitution and section 114D.50.
55.32(b) The council's recommendations must:
55.33(1) be to protect, enhance, and restore water quality in lakes, rivers, and streams and
55.34to protect groundwater from degradation and ensure that at least five percent of the clean
55.35water fund is spent only to protect drinking water sources;
56.1(2) be consistent with the purposes, policies, goals, and priorities in
56.2
56.3(3) allocate adequate support and resources to identify degraded groundwater and
56.4impaired waters, develop TMDL's, implement restoration of groundwater and impaired
56.5waters, and provide assistance and incentives to prevent groundwater and surface waters
56.6from becoming degraded or impaired and improve the quality of surface waters which are
56.7listed as impaired but have no approved TMDL.
56.8(c) The council must recommend methods of ensuring that awards of grants,
56.9loans, or other funds from the clean water
56.10to be achieved as a result of the funding and specify standards to hold the recipient
56.11accountable for achieving the desired outcomes. Expenditures from the
56.12be appropriated by law.
56.13 Subd. 7. Biennial report to legislature. By December 1 of each even-numbered
56.14year, the council shall submit a report to the legislature on the activities for which money
56.15has been or will be spent for the current biennium, the activities for which money is
56.16recommended to be spent in the next biennium, and the impact on economic development
56.17of the implementation of efforts to protect and restore groundwater and the impaired waters
56.18program. The report due on December 1, 2014, must include an evaluation of the progress
56.19made through June 30, 2014, in implementing this chapter and the provisions of article XI,
56.20section 15, of the Minnesota Constitution relating to clean water, the need for funding of
56.21future implementation
56.22 Sec. 20. Minnesota Statutes 2010, section 114D.35, is amended to read:
56.23114D.35 PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC
56.24REVIEW; EDUCATION.
56.25 Subdivision 1. Public and stakeholder participation. Public agencies and private
56.26entities involved in the implementation of this chapter shall encourage participation by
56.27the public and stakeholders, including local citizens, landowners and managers, and
56.28public and private organizations, in
56.29developing TMDL's,
56.30impaired waters, in identifying degraded groundwater, and in protecting and restoring
56.31groundwater resources. In particular, the Pollution Control Agency shall make reasonable
56.32efforts to provide timely information to the public and to stakeholders about impaired
56.33waters that have been identified by the agency. The agency shall seek broad and early
56.34public and stakeholder participation in scoping the activities necessary to develop a
57.1TMDL, including the scientific models, methods, and approaches to be used in TMDL
57.2development, and to implement restoration pursuant to section
57.3 Subd. 2. Expert scientific advice. The Clean Water Council and public agencies
57.4and private entities shall make use of available public and private expertise from
57.5educational, research, and technical organizations, including the University of Minnesota
57.6and other higher education institutions, to provide appropriate independent expert advice
57.7on models, methods, and approaches used in identifying degraded ground water and
57.8impaired waters, developing TMDL's, and implementing prevention and restoration.
57.9 Subd. 3. Education. The Clean Water Council shall develop strategies for
57.10informing, educating, and encouraging the participation of citizens, stakeholders,
57.11and others regarding the identification of impaired waters, development of TMDL's,
57.12development of TMDL implementation plans,
57.13impaired waters, identification of degraded groundwater, and protection and restoration
57.14of groundwater resources. Public agencies shall be responsible for implementing the
57.15strategies.
57.16 Sec. 21. Minnesota Statutes 2010, section 114D.50, subdivision 6, is amended to read:
57.17 Subd. 6. Restoration evaluations.
57.18and Soil Resources
57.19members, including one technical representative from the Board of Water and Soil
57.20Resources, one technical representative from the Department of Natural Resources,
57.21one technical expert from the University of Minnesota or the Minnesota State Colleges
57.22and Universities, and two representatives with expertise related to the project being
57.23evaluated. The board may add a technical representative from a unit of federal or local
57.24government. The members of the technical evaluation panel may not be associated with
57.25the restoration, may vary depending upon the projects being reviewed, and shall avoid
57.26any potential conflicts of interest. Each year, the board
57.27to identify a sample of up to ten habitat restoration projects completed with clean water
57.28funding. The coordinator shall secure the restoration plans for the projects specified
57.29and direct the technical evaluation panel to evaluate the restorations relative to the law,
57.30current science, and the stated goals and standards in the restoration plan and, when
57.31applicable, to the Board of Water and Soil Resources' native vegetation establishment and
57.32enhancement guidelines. The coordinator shall summarize the findings of the panel and
57.33provide a report to the chairs of the respective house of representatives and senate policy
57.34and finance committees with jurisdiction over natural resources and spending from the
57.35clean water fund. The report shall determine if the restorations are meeting planned goals,
58.1any problems with the implementation of restorations, and, if necessary, recommendations
58.2on improving restorations. The report shall be focused on improving future restorations.
58.3Up to one-tenth of one percent of forecasted receipts from the clean water fund may be
58.4used for restoration evaluations under this section.
58.5 Sec. 22. Minnesota Statutes 2010, section 116.195, is amended to read:
58.6116.195 BENEFICIAL USE OF WASTEWATER AND STORM WATER;
58.7CAPITAL GRANTS FOR DEMONSTRATION PROJECTS.
58.8 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
58.9have the meanings given them.
58.10 (b) "Agency" means the Pollution Control Agency.
58.11 (c) "Beneficial use of wastewater or storm water" means:
58.12(1) use of the effluent from a wastewater treatment plant that replaces use of
58.13groundwater; or
58.14(2) use of storm water that replaces the use of groundwater.
58.15 (d) "Capital project" means the acquisition or betterment of public land, buildings,
58.16and other public improvements of a capital nature for the treatment of wastewater intended
58.17for beneficial use or for the use of storm water to replace groundwater use. Capital project
58.18includes projects to retrofit, expand, or construct new treatment facilities.
58.19 Subd. 2. Grants for capital project design. The agency shall make grant awards
58.20to political subdivisions for up to 50 percent of the costs to predesign and design capital
58.21projects that demonstrate the beneficial use of wastewater or storm water.
58.22
58.23that the predesign and design work being funded is public information and available to
58.24anyone without charge. The agency must make the predesign and design work available
58.25on its Web site.
58.26 Subd. 3. Grants for capital project implementation. The agency shall make grant
58.27awards to political subdivisions for up to 50 percent of the costs to acquire, construct,
58.28install, furnish, and equip capital projects that demonstrate the beneficial use of wastewater
58.29or storm water. The political subdivision must submit design plans and specifications
58.30to the agency as part of the application.
58.31 The agency must consult with the Public Facilities Authority and the commissioner
58.32of natural resources in reviewing and ranking applications for grants under this section.
58.33 The application must identify the uses of the treated wastewater or storm water
58.34and greater weight will be given to applications that include a binding commitment to
58.35participate by the user or users.
59.1 The agency must give preference to projects that will reduce use of the greatest
59.2volume of groundwater from aquifers with the slowest rate of recharge.
59.3 Subd. 4. Application form; procedures. The agency shall develop an application
59.4form and procedures.
59.5 Subd. 5. Reports. The agency shall report by February 1 of each year to the chairs
59.6of the house of representatives and senate committees with jurisdiction over environment
59.7policy and finance and capital investment on the grants made and projects funded under
59.8this section. For each demonstration project funded, the report must include information
59.9on the scale of water constraints for the area, the volume of treated wastewater
59.10supplied or storm water available, the quality of the storm water or treated wastewater
59.11supplied and treatment implications for the industrial user, impacts to stream flow and
59.12downstream users, and any considerations related to water appropriation and discharge
59.13permits.
59.14EFFECTIVE DATE.This section is effective the day following final enactment.
59.15 Sec. 23. Laws 2009, chapter 172, article 2, section 4, as amended by Laws 2010,
59.16chapter 361, article 2, section 2, is amended to read:
| 59.17 |
Sec. 4. POLLUTION CONTROL AGENCY |
$ |
24,076,000 |
$ |
27,630,000 |
||
59.19the second year are to develop total
59.20maximum daily load (TMDL) studies and
59.21TMDL implementation plans for waters
59.22listed on the United States Environmental
59.23Protection Agency approved impaired
59.24waters list in accordance with Minnesota
59.25Statutes, chapter 114D. The agency shall
59.26complete an average of ten percent of the
59.27TMDLs each year over the biennium. Of
59.28this amount, $348,000 the first year is to
59.29retest the comprehensive assessment of the
59.30biological conditions of the lower Minnesota
59.31River and its tributaries within the Lower
59.32Minnesota River Major Watershed, as
59.33previously assessed from 1976 to 1992 under
59.34the Minnesota River Assessment Project
60.1(MRAP). The assessment must include the
60.2same fish species sampling at the same 116
60.3locations and the same macroinvertebrate
60.4sampling at the same 41 locations as the
60.5MRAP assessment. The assessment must:
60.6(1) include an analysis of the findings; and
60.7(2) identify factors that limit aquatic life in
60.8the Minnesota River.
60.9Of this amount, $250,000 the first year is
60.10for a pilot project for the development of
60.11total maximum daily load (TMDL) studies
60.12conducted on a watershed basis within
60.13the Buffalo River watershed in order to
60.14protect, enhance, and restore water quality
60.15in lakes, rivers, and streams. The pilot
60.16project shall include all necessary field
60.17work to develop TMDL studies for all
60.18impaired subwatersheds within the Buffalo
60.19River watershed and provide information
60.20necessary to complete reports for most of the
60.21remaining watersheds, including analysis of
60.22water quality data, identification of sources
60.23of water quality degradation and stressors,
60.24load allocation development, development
60.25of reports that provide protection plans
60.26for subwatersheds that meet water quality
60.27standards, and development of reports that
60.28provide information necessary to complete
60.29TMDL studies for subwatersheds that do not
60.30meet water quality standards, but are not
60.31listed as impaired.
60.32(b) $500,000 the first year is for development
60.33of an enhanced TMDL database to manage
60.34and track progress. Of this amount, $63,000
60.35the first year is to promulgate rules. By
61.1November 1, 2010, the commissioner shall
61.2submit a report to the chairs of the house of
61.3representatives and senate committees with
61.4jurisdiction over environment and natural
61.5resources finance on the outcomes achieved
61.6with this appropriation.
61.7(c) $1,500,000 the first year and $3,169,000
61.8the second year are for grants under
61.9Minnesota Statutes, section
61.10political subdivisions for up to 50 percent of
61.11the costs to predesign, design, and implement
61.12capital projects that use storm water or
61.13treated municipal wastewater instead of
61.14groundwater from drinking water aquifers,
61.15in order to demonstrate the beneficial use
61.16of wastewater or storm water, including
61.17the conservation and protection of water
61.18resources. Of this amount, $1,000,000 the
61.19first year is for grants to ethanol plants that
61.20are within one and one-half miles of a city for
61.21improvements that use storm water or reuse
61.22greater than 300,000 gallons of wastewater
61.23per day. This appropriation is available until
61.24June 30, 2016.
61.25(d) $1,125,000 the first year and $1,125,000
61.26the second year are for groundwater
61.27assessment and drinking water protection to
61.28include:
61.29(1) the installation and sampling of at least
61.3030 new monitoring wells;
61.31(2) the analysis of samples from at least 40
61.32shallow monitoring wells each year for the
61.33presence of endocrine disrupting compounds;
61.34and
62.1(3) the completion of at least four to
62.2five groundwater models for TMDL and
62.3watershed plans.
62.4(e) $2,500,000 the first year is for the clean
62.5water partnership program. Priority shall be
62.6given to projects preventing impairments and
62.7degradation of lakes, rivers, streams, and
62.8groundwater in accordance with Minnesota
62.9Statutes, section
62.10clause (4). Any balance remaining in the first
62.11year does not cancel and is available for the
62.12second year.
62.13(f) $896,000 the first year is to establish
62.14a network of water monitoring sites, to
62.15include at least 20 additional sites, in public
62.16waters adjacent to wastewater treatment
62.17facilities across the state to assess levels of
62.18endocrine-disrupting compounds, antibiotic
62.19compounds, and pharmaceuticals as required
62.20in this article. The data must be placed on
62.21the agency's Web site.
62.22(g) $155,000 the first year is to provide
62.23notification of the potential for coal tar
62.24contamination, establish a storm water
62.25pond inventory schedule, and develop best
62.26management practices for treating and
62.27cleaning up contaminated sediments as
62.28required in this article. $490,000 the second
62.29year is to provide grants to local units of
62.30government for up to 50 percent of the costs
62.31to implement best management practices to
62.32treat or clean up contaminated sediments
62.33in storm water ponds and other waters as
62.34defined under this article. Local governments
62.35must have adopted an ordinance for the
63.1restricted use of undiluted coal tar sealants
63.2in order to be eligible for a grant, unless a
63.3statewide restriction has been implemented.
63.4A grant awarded under this paragraph must
63.5not exceed $100,000. Up to $145,000 of the
63.6appropriation in the second year may be used
63.7to complete work required under section 28,
63.8paragraph (c).
63.9(h) $350,000 the first year and $600,000 the
63.10second year are for a restoration project in
63.11the lower St. Louis River and Duluth harbor
63.12in order to improve water quality. This
63.13appropriation must be matched by nonstate
63.14money at a rate of at least $2 for every $1 of
63.15state money.
63.16(i) $150,000 the first year and $196,000 the
63.17second year are for grants to the Red River
63.18Watershed Management Board to enhance
63.19and expand existing river watch activities in
63.20the Red River of the North. The Red River
63.21Watershed Management Board shall provide
63.22a report that includes formal evaluation
63.23results from the river watch program to the
63.24commissioners of education and the Pollution
63.25Control Agency and to the legislative natural
63.26resources finance and policy committees
63.27and K-12 finance and policy committees by
63.28February 15, 2011.
63.29(j) $200,000 the first year and $300,000 the
63.30second year are for coordination with the
63.31state of Wisconsin and the National Park
63.32Service on comprehensive water monitoring
63.33and phosphorus reduction activities in the
63.34Lake St. Croix portion of the St. Croix
63.35River. The Pollution Control Agency
64.1shall work with the St. Croix Basin Water
64.2Resources Planning Team and the St. Croix
64.3River Association in implementing the
64.4water monitoring and phosphorus reduction
64.5activities. This appropriation is available
64.6to the extent matched by nonstate sources.
64.7Money not matched by November 15, 2010,
64.8cancels for this purpose and is available for
64.9the purposes of paragraph (a).
64.10(k) $7,500,000 the first year and $7,500,000
64.11the second year are for completion of 20
64.12percent of the needed statewide assessments
64.13of surface water quality and trends. Of this
64.14amount, $175,000 the first year and $200,000
64.15the second year are for monitoring and
64.16analyzing endocrine disruptors in surface
64.17waters.
64.18(l) $100,000 the first year and $150,000
64.19the second year are for civic engagement
64.20in TMDL development. The agency shall
64.21develop a plan for expenditures under
64.22this paragraph. The agency shall give
64.23consideration to civic engagement proposals
64.24from basin or sub-basin organizations,
64.25including the Mississippi Headwaters Board,
64.26the Minnesota River Joint Powers Board,
64.27Area II Minnesota River Basin Projects,
64.28and the Red River Basin Commission.
64.29By November 15, 2009, the plan shall be
64.30submitted to the house and senate chairs
64.31and ranking minority members of the
64.32environmental finance divisions.
64.33(m) $5,000,000 the second year is for
64.34groundwater protection or prevention of
64.35groundwater degradation activities. By
65.1January 15, 2010, the commissioner, in
65.2consultation with the commissioner of
65.3natural resources, the Board of Water and
65.4Soil Resources, and other agencies, shall
65.5submit a report to the chairs of the house of
65.6representatives and senate committees with
65.7jurisdiction over the clean water fund on the
65.8intended use of these funds. The legislature
65.9must approve expenditure of these funds by
65.10law.
65.11Notwithstanding Minnesota Statutes, section
65.13before June 30, 2011, as grants or contracts in
65.14this section are available until June 30, 2013.
65.15EFFECTIVE DATE.This section is effective retroactively from June 29, 2011.
65.16 Sec. 24. Laws 2010, chapter 361, article 2, section 3, is amended to read:
65.17 Sec. 3. CLEAN WATER FUND; 2009 APPROPRIATION ADJUSTMENTS.
65.18The appropriations in fiscal years
65.19Natural Resources for high-resolution digital elevation data in Laws 2009, chapter 172,
65.20article 2, section 5, paragraph (d), are available until June 30, 2012.
65.21EFFECTIVE DATE.This section is effective retroactively from June 29, 2011.
65.22 Sec. 25. CIVIC ENGAGEMENT AND PUBLIC EDUCATION.
65.23A recipient of funds appropriated in this article shall incorporate civic engagement
65.24and public education when implementing projects and programs funded under this article.
65.25 Sec. 26. REPEALER.
65.26Minnesota Statutes 2010, section 114D.45, is repealed.
65.27 Sec. 27. EFFECTIVE DATE; RELATIONSHIP TO OTHER
65.28APPROPRIATIONS.
65.29Unless otherwise specified, this article is effective retroactively from July 1, 2011,
65.30and supersedes and replaces funding authorized by order of the Second Judicial District
65.31Court in Case No. 62-CV-11-5203.
| 66.3 |
Section 1. PARKS AND TRAILS FUND APPROPRIATIONS. |
||||||
66.5the agencies and for the purposes specified in this article. The appropriations are from
66.6the parks and trails fund, or another named fund, and are available for the fiscal years
66.7indicated for each purpose. "The first year" is fiscal year 2012. "The second year" is
66.8fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the
66.9fiscal year ending June 30, 2012, are effective the day following final enactment. All
66.10appropriations in this article are onetime.
| 66.11 |
APPROPRIATIONS |
||||||
| 66.12 |
Available for the Year |
||||||
| 66.13 |
Ending June 30 |
||||||
| 66.14 |
2012 |
2013 |
|||||
| 66.15 |
Sec. 2. PARKS AND TRAILS |
||||||
| 66.16 |
Subdivision 1.Total Appropriation |
$ |
39,676,000 |
$ |
38,468,000 |
||
66.18purpose are specified in the following
66.19sections.
| 66.20 |
Subd. 2.Availability of Appropriation |
||||||
66.22not be spent on activities unless they are
66.23directly related to and necessary for a specific
66.24appropriation. Money appropriated in this
66.25article must not be spent on indirect costs
66.26or other institutional overhead charges that
66.27are not directly related to and necessary for
66.28a specific appropriation. Notwithstanding
66.29Minnesota Statutes, section 16A.28, and
66.30unless otherwise specified in this article,
66.31fiscal year 2012 appropriations are available
66.32until June 30, 2014, and fiscal year 2013
66.33appropriations are available until June 30,
66.342015. If a project receives federal funds, the
67.1time period of the appropriation is extended
67.2to equal the availability of federal funding.
| 67.3 67.4 |
Sec. 3. DEPARTMENT OF NATURAL RESOURCES |
$ |
23,906,000 |
$ |
22,327,000 |
||
67.6$14,603,000 the second year are for state
67.7parks, recreation areas, and trails to:
67.8(1) connect people to the outdoors;
67.9(2) acquire land and create opportunities;
67.10(3) maintain existing holdings; and
67.11(4) improve cooperation by coordinating
67.12with partners to implement the 25-year
67.13long-range parks and trails legacy plan.
67.14(b) $2,100,000 the first year is for acquisition
67.15of land adjacent to LaSalle Lake in Hubbard
67.16County for a state recreation area. If the
67.17acquisition is not completed by July 15,
67.182012, or if a balance remains after the
67.19acquisition of the land, the money under this
67.20paragraph is available for acquisitions under
67.21paragraph (a), clause (2).
67.22(c) $7,506,000 the first year and $7,686,000
67.23the second year are for parks and trails of
67.24regional or statewide significance as follows:
67.25(1) $7,331,000 the first year and $7,686,000
67.26the second year are for grants under
67.27Minnesota Statutes, section 85.535, to
67.28acquire, develop, improve, and restore
67.29parks and trails of regional or statewide
67.30significance outside of the metropolitan area,
67.31as defined in Minnesota Statutes, section
67.32473.121, subdivision 2; and
67.33(2) $175,000 the first year is for a grant to
67.34the Greater Minnesota Regional Park and
68.1Trail Coalition to: (1) establish protocols
68.2to determine the origin of visitors, and
68.3projection of potential use of greater
68.4Minnesota regional parks and trails; (2)
68.5collect and compile details on the facilities
68.6within the greater Minnesota regional park
68.7system; and (3) develop evaluation protocol
68.8and criteria to determine priorities for park
68.9and trail acquisition and development. No
68.10local match is required for this grant.
68.11Notwithstanding Minnesota Statutes, section
68.1285.535, subdivision 3, the local match
68.13requirement is ten percent for money
68.14appropriated in fiscal year 2012 for grants
68.15under this section. The commissioner of
68.16natural resources may reduce the nonstate
68.17cash match requirement for grants awarded
68.18to groups of three or more entities if the
68.19commissioner determines that the nonstate
68.20cash match requirement is a financial
68.21burden to one or more of the entities. The
68.22overall reduction in the nonstate cash match
68.23requirement may not exceed 25 percent of
68.24the original nonstate cash match requirement.
68.25Up to 2.5 percent of the total appropriation
68.26may be used for administering the grants.
68.27Any unencumbered balance at the end of a
68.28fiscal year is available for the purposes in
68.29paragraph (a).
68.30(d) $38,000 the first year and $38,000 the
68.31second year are for a technical evaluation
68.32panel to conduct up to ten restoration
68.33evaluations under Minnesota Statutes,
68.34section 85.53, subdivision 5.
69.1(e) The commissioner shall contract for
69.2services with Conservation Corps Minnesota
69.3for restoration, maintenance, and other
69.4activities under this section for at least
69.5$500,000 the first year and $500,000 the
69.6second year.
69.7(f) The commissioner of natural resources
69.8shall convene and facilitate a working group
69.9of nine members to develop consensus
69.10recommendations for the allocation of the
69.11parks and trails fund. The working group
69.12shall have representatives from metropolitan
69.13parks and trails, greater Minnesota parks
69.14and trails, and the Department of Natural
69.15Resources Parks and Trails Division.
69.16The consensus recommendations shall
69.17be submitted no later than November 15,
69.182012, and presented to the governor for
69.19consideration in the budget for fiscal years
69.202014 and 2015.
| 69.21 |
Sec. 4. METROPOLITAN COUNCIL |
$ |
15,763,000 |
$ |
16,141,000 |
||
69.23the second year are to be distributed under
69.24Minnesota Statutes, section 85.53,
69.25subdivision 3. The Metropolitan Council
69.26may use a portion of this appropriation to
69.27provide grants for metropolitan parks and
69.28trails of regional or statewide significance
69.29within the metropolitan area that are not
69.30eligible under Minnesota Statutes, section
69.3185.53, subdivision 3.
69.32(b) The Metropolitan Council shall submit
69.33a report on the expenditure and use of
69.34money appropriated under this section to
69.35the legislature as provided in Minnesota
70.1Statutes, section 3.195, by March 1 of each
70.2year. The report must detail the outcomes in
70.3terms of additional use of parks and trails
70.4resources, user satisfaction surveys, and
70.5other appropriate outcomes.
| 70.6 |
Sec. 5. LEGISLATURE |
$ |
7,000 |
$ |
-0- |
||
70.8Coordinating Commission for the costs of
70.9developing and implementing a Web site to
70.10contain information on projects receiving
70.11appropriations from the parks and trails fund
70.12and other constitutionally dedicated funds.
70.13 Sec. 6. Minnesota Statutes 2010, section 85.013, is amended by adding a subdivision
70.14to read:
70.15 Subd. 15a. LaSalle Lake State Recreation Area, Hubbard County.
70.16 Sec. 7. Minnesota Statutes 2010, section 85.53, subdivision 5, is amended to read:
70.17 Subd. 5. Restoration evaluations.
70.18of natural resources
70.19members, including one technical representative from the Board of Water and Soil
70.20Resources, one technical representative from the Department of Natural Resources, one
70.21technical expert from the University of Minnesota or the Minnesota State Colleges and
70.22Universities, and two other representatives with expertise related to the project being
70.23evaluated. The commissioner may add a technical representative from a unit of federal or
70.24local government. The members of the technical evaluation panel may not be associated
70.25with the restoration, may vary depending upon the projects being reviewed, and shall
70.26avoid any potential conflicts of interest. Each year, the commissioner
70.27a coordinator to identify a sample of up to ten habitat restoration projects completed
70.28with parks and trails funding. The coordinator shall secure the restoration plans for the
70.29projects specified and direct the technical evaluation panel to evaluate the restorations
70.30relative to the law, current science, and the stated goals and standards in the restoration
70.31plan and, when applicable, to the Board of Water and Soil Resources' native vegetation
70.32establishment and enhancement guidelines. The coordinator shall summarize the findings
70.33of the panel and provide a report to the chairs of the respective house of representatives
71.1and senate policy and finance committees with jurisdiction over natural resources and
71.2spending from the parks and trails fund. The report shall determine if the restorations are
71.3meeting planned goals, any problems with the implementation of restorations, and, if
71.4necessary, recommendations on improving restorations. The report shall be focused on
71.5improving future restorations. Up to one-tenth of one percent of forecasted receipts from
71.6the parks and trails fund may be used for restoration evaluations under this section.
71.7 Sec. 8. LASALLE LAKE STATE RECREATION AREA.
71.8 Subdivision 1. LaSalle Lake State Recreation Area, Hubbard County. The
71.9LaSalle Lake State Recreation Area is established in Hubbard County.
71.10 Subd. 2. Boundaries. The following described lands are located within the
71.11boundaries of the LaSalle Lake State Recreation Area, all in Hubbard County:
71.12 (1) the Southwest Quarter of the Southwest Quarter and the Northwest Quarter of the
71.13Southwest Quarter, except the East 10 acres thereof, of Section 29; the Northeast Quarter
71.14of the Northeast Quarter, the Northwest Quarter of the Northeast Quarter, the Southwest
71.15Quarter of the Northeast Quarter, the Northeast Quarter of the Southwest Quarter, the
71.16Southeast Quarter of the Northwest Quarter, the Southeast Quarter of the Northeast
71.17Quarter, and Government Lots 2, 3, 4, 5, 6, 7, 8, and 9, of Section 30; Government Lots 1,
71.182, 5, 6, 7, 8, 9, and 10, of Section 31; and Government Lots 1 and 4 of Section 32; all in
71.19Township 145 North, Range 35 West; and
71.20 (2) Government Lot 12, Section 19, Township 145 North, Range 35.
71.21 Subd. 3. Administration. The commissioner of natural resources shall administer
71.22the area according to Minnesota Statutes, section 86A.05, subdivision 3, subject to
71.23existing rules and regulations for state recreation areas. LaSalle Lake State Recreation
71.24Area shall be administered as a satellite unit of Itasca State Park.
71.25 Sec. 9. LASALLE LAKE STATE RECREATION AREA MANAGEMENT
71.26OPTIONS.
71.27By March 1, 2012, the commissioner of natural resources shall submit a report to
71.28the senate and house of representatives committees and divisions with jurisdiction over
71.29natural resources policy and finance evaluating options for the management of the resort
71.30within the LaSalle Lake State Recreation Area, including an evaluation of the option
71.31to lease the resort to a nonstate entity. The evaluation shall include potential financial
71.32arrangements or mechanisms that would make the equivalent of local taxes or payments in
71.33lieu of taxes the responsibility of the nonstate entity.
72.1 Sec. 10. EFFECTIVE DATE; RELATIONSHIP TO OTHER
72.2APPROPRIATIONS.
72.3Unless otherwise specified, this article is effective retroactively from July 1, 2011,
72.4and supersedes and replaces funding authorized by order of the Second Judicial District
72.5Court in Case No. 62-CV-11-5203.
| 72.8 |
Section 1. ARTS AND CULTURAL HERITAGE FUND APPROPRIATIONS. |
||||||
72.10entities and for the purposes specified in this article. The appropriations are from the arts
72.11and cultural heritage fund, and are available for the fiscal years indicated for allowable
72.12activities under the Minnesota Constitution, article XI, section 15. "The first year" is fiscal
72.13year 2012. "The second year" is fiscal year 2013. "The biennium" is fiscal years 2012
72.14and 2013. All appropriations in this article are onetime.
| 72.15 |
APPROPRIATIONS |
||||||
| 72.16 |
Available for the Year |
||||||
| 72.17 |
Ending June 30 |
||||||
| 72.18 |
2012 |
2013 |
|||||
| 72.19 |
Sec. 2. ARTS AND CULTURAL HERITAGE |
||||||
| 72.20 |
Subdivision 1.Total Appropriation |
$ |
52,600,000 |
$ |
52,714,000 |
||
72.22purpose are specified in the following
72.23subdivisions.
| 72.24 |
Subd. 2.Availability of Appropriation |
||||||
72.26not be spent on activities unless they are
72.27directly related to and necessary for a specific
72.28appropriation. Money appropriated in this
72.29article must not be spent on indirect costs
72.30or other institutional overhead charges that
72.31are not directly related to and necessary for
72.32a specific appropriation. Notwithstanding
72.33Minnesota Statutes, section 16A.28, and
72.34unless otherwise specified in this article,
73.1fiscal year 2012 appropriations are available
73.2until June 30, 2013, and fiscal year 2013
73.3appropriations are available until June 30,
73.42014. If a project receives federal funds, the
73.5time period of the appropriation is extended
73.6to equal the availability of federal funding.
| 73.7 |
Subd. 3.Minnesota State Arts Board |
22,167,000 |
23,314,000 |
||||
73.9Minnesota State Arts Board for arts, arts
73.10education, and arts access. Grant agreements
73.11entered into by the Minnesota State Arts
73.12Board and other recipients of appropriations
73.13in this subdivision shall ensure that
73.14these funds are used to supplement and
73.15not substitute for traditional sources of
73.16funding. Appropriations made directly
73.17to the Minnesota State Arts Board shall
73.18supplement, and shall not substitute for,
73.19traditional sources of funding. Each grant
73.20program established within this appropriation
73.21shall be separately administered from other
73.22state appropriations for program planning
73.23and outcome measurements, but may take
73.24into consideration other state resources
73.25awarded in the selection of applicants and
73.26grant award size.
73.27Arts and Arts Access Initiatives.
73.28$17,003,000 the first year and $18,150,000
73.29the second year are to support Minnesota
73.30artists and arts organizations in creating,
73.31producing, and presenting high-quality arts
73.32activities; to overcome barriers to accessing
73.33high-quality arts activities; and to instill the
73.34arts into the community and public life in
73.35this state.
74.1A portion of these funds may be used to:
74.2(1) pay attendance fees and travel costs
74.3for youth to visit art museums, arts
74.4performances, or other arts activities; or
74.5(2) bring artists to schools, libraries, or other
74.6community centers or organizations for
74.7teaching, training, or performance purposes.
74.8Arts Education. $3,276,000 the first year
74.9and $3,276,000 the second year are for
74.10high-quality, age-appropriate arts education
74.11for Minnesotans of all ages to develop
74.12knowledge, skills, and understanding of the
74.13arts.
74.14In collaboration with the Perpich Center
74.15for Arts Education, a portion of this
74.16appropriation may be used for grants to
74.17school districts to provide materials or
74.18resources to teachers, students, and parents
74.19to promote achievement of K-12 academic
74.20standards in the arts.
74.21Arts and Cultural Heritage. $1,073,000
74.22the first year and $1,073,000 the second year
74.23are for events and activities that represent the
74.24diverse cultural arts traditions, including folk
74.25and traditional artists and art organizations,
74.26represented in this state.
74.27Administration, Fiscal Oversight, and
74.28Accountability. $815,000 the first year
74.29and $815,000 the second year are for
74.30administration of grant programs, delivering
74.31technical services, providing fiscal oversight
74.32for the statewide system, and ensuring
74.33accountability for these state resources.
75.1Census. The Minnesota State Arts Board, in
75.2partnership with regional arts councils, shall
75.3maintain a census of Minnesota artists and
75.4artistic organizations.
75.5Thirty percent of the total appropriated to
75.6each of the categories established in this
75.7subdivision is for grants to the regional arts
75.8councils. This percentage does not apply to
75.9administrative costs.
| 75.10 |
Subd. 4.Department of Education |
3,000,000 |
3,000,000 |
||||
75.12commissioner of education for grants
75.13allocated using existing formulas under
75.14Minnesota Statutes, section 134.355, to the
75.1512 Minnesota regional library systems, to
75.16provide educational opportunities in the arts,
75.17history, literary arts, and cultural heritage
75.18of Minnesota. These funds may be used
75.19to sponsor programs provided by regional
75.20libraries or to provide grants to local arts
75.21and cultural heritage programs for programs
75.22in partnership with regional libraries. This
75.23appropriation is available until June 30, 2015.
| 75.24 |
Subd. 5.Minnesota Historical Society |
12,050,000 |
12,050,000 |
||||
75.26governing board of the Minnesota Historical
75.27Society to preserve and enhance access to
75.28Minnesota's history and its cultural and
75.29historical resources. Grant agreements
75.30entered into by the Minnesota Historical
75.31Society and other recipients of appropriations
75.32in this subdivision shall ensure that
75.33these funds are used to supplement and
75.34not substitute for traditional sources of
75.35funding. Funds directly appropriated to the
76.1Minnesota Historical Society shall be used to
76.2supplement, and not substitute for, traditional
76.3sources of funding. Notwithstanding
76.4Minnesota Statutes, section 16A.28, for
76.5historic preservation projects that improve
76.6historic structures, the amounts are available
76.7until June 30, 2015.
76.8Statewide Historic and Cultural Grants.
76.9$5,250,000 the first year and $5,250,000
76.10the second year are for history programs
76.11and projects operated or conducted by or
76.12through local, county, regional, or other
76.13historical or cultural organizations; or for
76.14activities to preserve significant historic
76.15and cultural resources. Funds are to be
76.16distributed through a competitive grants
76.17process. The Minnesota Historical Society
76.18shall administer these funds using established
76.19grants mechanisms, with assistance from
76.20the advisory committee created under Laws
76.212009, chapter 172, article 4, section 2,
76.22subdivision 4, paragraph (b), item (ii).
76.23Programs. $4,800,000 the first year and
76.24$4,800,000 the second year are for programs
76.25and purposes related to the historical and
76.26cultural heritage of the state of Minnesota,
76.27conducted by the Minnesota Historical
76.28Society.
76.29History Partnerships. $1,500,000 the
76.30first year and $1,500,000 the second year
76.31are for partnerships involving multiple
76.32organizations, which may include the
76.33Minnesota Historical Society, to preserve and
76.34enhance access to Minnesota's history and
76.35cultural heritage in all regions of the state.
77.1Statewide Survey of Historical and
77.2Archaeological Sites. $250,000 the first
77.3year and $250,000 the second year are
77.4for a contract or contracts to be let on a
77.5competitive basis to conduct statewide
77.6surveys of Minnesota's sites of historical,
77.7archaeological, and cultural significance.
77.8Results of this survey must be published in
77.9a searchable form, available to the public on
77.10a cost-free basis. The Minnesota Historical
77.11Society, the Office of the State Archaeologist,
77.12and the Indian Affairs Council shall each
77.13appoint a representative to an oversight
77.14board to select contractors and direct the
77.15conduct of these surveys. The oversight
77.16board shall consult with the Departments of
77.17Transportation and Natural Resources.
77.18Digital Library. $250,000 the first year and
77.19$250,000 the second year are for a digital
77.20library project to preserve, digitize, and share
77.21Minnesota images, documents, and historical
77.22materials. The Minnesota Historical Society
77.23shall cooperate with the Minitex interlibrary
77.24loan system and shall jointly share this
77.25appropriation for these purposes.
| 77.26 |
Subd. 6.Department of Administration |
9,175,000 |
8,150,000 |
||||
77.28commissioner of administration for grants
77.29to the named organizations for the purposes
77.30specified in this subdivision. Up to one
77.31percent of funds may be used by the
77.32commissioner for grants administration.
77.33Grant agreements entered into by
77.34the commissioner and recipients of
77.35appropriations in this subdivision must
78.1ensure that money appropriated in this
78.2subdivision is used to supplement and not
78.3substitute for traditional sources of funding.
78.4Public Radio Grants. $2,650,000 the first
78.5year and $2,650,000 the second year are for
78.6a competitive Arts and Cultural Heritage
78.7Grants Program-Public Radio.
78.8The commissioner shall solicit proposals
78.9and award grants to public radio stations
78.10that satisfy the eligibility requirements
78.11under Minnesota Statutes, section 129D.14,
78.12subdivision 3, and create, produce, acquire,
78.13or distribute radio programs that educate,
78.14enhance, or promote local, regional, or
78.15statewide items of artistic, cultural, or
78.16historic significance. The commissioner
78.17shall give preference to projects that
78.18expand Minnesotans' access to knowledge,
78.19information, arts, state history, or cultural
78.20heritage. This appropriation is available for
78.21eligible costs incurred as of July 1, 2011, and
78.22does not expire until June 30, 2015.
78.23Public Television. $3,700,000 the first
78.24year and $3,700,000 the second year are for
78.25grants to the Minnesota Public Television
78.26Association for production and acquisition
78.27grants according to Minnesota Statutes,
78.28section 129D.18. In recognition of the
78.29sesquicentennial of the American Civil
78.30War, the Minnesota Public Television
78.31Association shall produce new programming
78.32on Minnesota history during that period.
78.33This appropriation is available for eligible
78.34costs incurred as of July 1, 2011, and does
78.35not expire until June 30, 2015.
79.1Veterans Camps. $475,000 the first year
79.2is for grants of $400,000 to the Disabled
79.3Veterans Rest Camp located on Big Marine
79.4Lake in Washington County and $75,000 to
79.5the Veterans on the Lake Resort located on
79.6Fall Lake in St. Louis County.
79.7Zoos. $300,000 the first year and $300,000
79.8the second year are for grants of $200,000
79.9each year to the Como Park Zoo and
79.10$100,000 each year to the Lake Superior Zoo
79.11for programmatic development.
79.12Minnesota Children's Museum. $500,000
79.13the first year and $500,000 the second year
79.14are for grants to the Minnesota Children's
79.15Museum. These amounts are for arts, arts
79.16education, and arts access and to preserve
79.17Minnesota's history and cultural heritage.
79.18Science Museum of Minnesota. $500,000
79.19the first year and $500,000 the second year
79.20are for grants to the Science Museum of
79.21Minnesota. These amounts are for arts, arts
79.22education, and arts access and to preserve
79.23Minnesota's history and cultural heritage.
79.24Minnesota Film and TV Board. $500,000
79.25the first year and $500,000 the second year
79.26are for grants to the Minnesota Film and
79.27TV Board for grants to Minnesota residents
79.28to create film or television productions that
79.29promote Minnesota's cultural heritage and
79.30for the film production jobs program under
79.31Minnesota Statutes, section 116U.26. This
79.32appropriation is available until June 30, 2015.
79.33State Capitol Preservation Commission.
79.34$550,000 the first year is for the purposes of
80.1Minnesota Statutes, section 16B.2405. This
80.2appropriation is available until spent.
| 80.3 |
Subd. 7.Minnesota Zoological Garden |
1,500,000 |
1,500,000 |
||||
80.5the Minnesota Zoological Board for
80.6programmatic development of the Minnesota
80.7Zoo.
| 80.8 |
Subd. 8.Minnesota Humanities Center |
1,575,000 |
1,575,000 |
||||
80.10of directors of the Minnesota Humanities
80.11Center for the purposes specified in this
80.12subdivision.
80.13Programs and Purposes. $325,000 the first
80.14year and $325,000 the second year are for
80.15programs and purposes of the Minnesota
80.16Humanities Center.
80.17The Minnesota Humanities Center may
80.18consider museums and organizations
80.19celebrating the ethnic identities of
80.20Minnesotans for grants from these funds.
80.21Councils of Color. $500,000 the first
80.22year and $500,000 the second year are for
80.23competitive grants to the Council on Asian
80.24Pacific Minnesotans, the Council on Black
80.25Minnesotans, the Indian Affairs Council, and
80.26the Chicano Latino Affairs Council. Grants
80.27are for programs and cooperation between
80.28the Minnesota Humanities Center and the
80.29grant recipients for community events and
80.30programs that celebrate and preserve artistic,
80.31historical, and cultural heritage.
80.32Civics Education. $250,000 the first year
80.33and $250,000 the second year are for a
80.34competitive Arts and Cultural Heritage
81.1Grants Program-Civics Education. The
81.2commissioner shall award grants to entities
81.3that conduct civics education programs
81.4for the civic and cultural development of
81.5Minnesota youth.
81.6Children's Museums Grants. $500,000 the
81.7first year and $500,000 the second year are
81.8for a competitive Arts and Cultural Heritage
81.9Grants Program-Children's Museums.
81.10The board of directors shall solicit proposals
81.11and award grants to children's museums
81.12for projects and programs that maintain or
81.13promote our cultural heritage.
| 81.14 |
Subd. 9.Perpich Center For Arts Education |
850,000 |
850,000 |
||||
81.16of directors of the Perpich Center for Arts
81.17Education for arts, arts education, and arts
81.18access and to preserve Minnesota's history
81.19and cultural heritage. This appropriation is
81.20available until June 30, 2015.
| 81.21 |
Subd. 10.Department of Agriculture |
1,400,000 |
1,400,000 |
||||
81.23commissioner of agriculture for grants to
81.24county agricultural societies to enhance arts
81.25access and education and to preserve and
81.26promote Minnesota's history and cultural
81.27heritage as embodied in its county fairs.
81.28The grants shall be in addition to the aid
81.29distributed to county agricultural societies
81.30under Minnesota Statutes, section 38.02. The
81.31commissioner shall award grants as follows:
81.32(1) $700,000 each year distributed in equal
81.33amounts to each of the state's county fairs
81.34to enhance arts access and education and to
82.1preserve and promote Minnesota's history
82.2and cultural heritage; and
82.3(2) $700,000 each year for a competitive
82.4Arts and Cultural Heritage Grants
82.5Program-County Fairs. The commissioner
82.6shall award grants for the development or
82.7enhancement of county fair facilities or other
82.8projects or programs that provide access
82.9to the arts, arts education, or agricultural,
82.10historical, and cultural heritage programs,
82.11including but not limited to agricultural
82.12education centers, arts buildings, and
82.13performance stages.
| 82.14 |
Subd. 11.Indian Affairs Council |
875,000 |
875,000 |
||||
82.16Affairs Council for the purposes identified in
82.17this subdivision.
82.18Language Working Group. $75,000 the
82.19first year and $75,000 the second year are
82.20for continuation of the Working Group on
82.21Dakota and Ojibwe Language Revitalization
82.22and Preservation established under Laws
82.232009, chapter 172, article 4, section 9.
82.24Language Preservation and Education.
82.25$550,000 the first year and $550,000 the
82.26second year are for grants for programs
82.27that preserve Dakota and Ojibwe Indian
82.28languages and to foster educational programs
82.29in Dakota and Ojibwe languages.
82.30Language Immersion. $250,000 the first
82.31year and $250,000 the second year are for
82.32grants of $125,000 each year to the Niigaane
82.33Ojibwe Immersion School and the Wicoie
82.34Nandagikendan Urban Immersion Project to:
83.1(1) develop and expand K-12 curriculum;
83.2(2) provide fluent speakers in the classroom;
83.3(3) develop appropriate testing and
83.4evaluation procedures; and
83.5(4) develop community-based training and
83.6engagement.
| 83.7 |
Subd. 12.Legislature |
8,000 |
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83.9Coordinating Commission to operate the
83.10Web site for dedicated funds required
83.11under Minnesota Statutes, section 3.303,
83.12subdivision 10.
83.13 Sec. 3. [15B.32] STATE CAPITOL PRESERVATION COMMISSION.
83.14 Subdivision 1. Definitions. (a) As used in this section, the terms defined in this
83.15subdivision have the following meanings.
83.16(b) "Commission" means the State Capitol Preservation Commission created under
83.17this section.
83.18(c) "Capitol Area" means the geographic area defined in section 15B.02.
83.19(d) "Board" means the Capitol Area Architectural and Planning Board created under
83.20section 15B.03.
83.21(e) "Predesign" has the meaning given in section 16B.335, subdivision 3, paragraph
83.22(a).
83.23 Subd. 2. Membership. The State Capitol Preservation Commission consists of 22
83.24members, appointed as follows:
83.25(1) the governor;
83.26(2) the lieutenant governor;
83.27(3) the attorney general;
83.28(4) the chief justice of the Supreme Court, or the chief justice's designee, who shall
83.29be a member of the Supreme Court;
83.30(5) the majority leader of the senate or the majority leader's designee, who shall be
83.31a member of the senate;
83.32(6) the speaker of the house or the speaker's designee, who shall be a member of the
83.33house of representatives;
84.1(7) two members of the senate, including one member from the majority party
84.2appointed by the majority leader and one member from the minority party appointed by
84.3the minority leader;
84.4(8) two members of the house of representatives, including one member appointed
84.5by the speaker of the house and one member from the minority party appointed by the
84.6minority leader;
84.7(9) the chair and ranking minority member of the house of representatives committee
84.8with jurisdiction over capital investment and the chair and ranking minority member of
84.9the senate committee with jurisdiction over capital investment;
84.10(10) the commissioner of administration or the commissioner's designee;
84.11(11) the commissioner of public safety or the commissioner's designee;
84.12(12) the executive director of the Minnesota Historical Society or the executive
84.13director's designee;
84.14(13) the executive secretary of the Capitol Area Architectural and Planning Board;
84.15and
84.16(14) four public members appointed by the governor.
84.17 Subd. 3. Terms and compensation. (a) A member serving on the commission
84.18because the member or the appointing authority for the member holds an elected or
84.19appointed office shall serve on the commission as long as the member or the appointing
84.20authority holds the office.
84.21(b) Public members of the commission shall serve two-year terms. The public
84.22members may not serve for more than three consecutive terms.
84.23(c) The removal of members and filling of vacancies on the commission are as
84.24provided in section 15.059. Public members may receive compensation and expenses as
84.25provided under section 15.059, subdivision 3.
84.26 Subd. 4. Officers and meetings. (a) The governor is the chair of the commission.
84.27The lieutenant governor is the vice-chair of the commission and may act as the chair
84.28of the commission in the absence of the governor. The governor may designate a staff
84.29member to attend commission meetings and vote on the governor's behalf in the absence
84.30of the governor.
84.31(b) The commission shall meet at least quarterly and at other times at the call of the
84.32chair. Meetings of the commission are subject to chapter 13D.
84.33 Subd. 5. Administrative support. The commission may designate an executive
84.34secretary and obtain administrative support through a contract with a state agency or
84.35other means.
84.36 Subd. 6. Duties. (a) The commission:
85.1(1) shall exercise ongoing coordination of the restoration, protection, risk
85.2management, and preservation of the Capitol building;
85.3(2) shall consult with and advise the commissioner of administration, the board, and
85.4the Minnesota Historical Society regarding their applicable statutory responsibilities
85.5for and in the Capitol building;
85.6(3) may assist in the selection of an architectural firm to assist in the preparation of
85.7the predesign plan for the restoration of the Capitol building;
85.8(4) shall develop a comprehensive, multiyear, predesign plan for the restoration
85.9of the Capitol building, review the plan periodically, and, as appropriate, amend and
85.10modify the plan. The predesign plan shall identify appropriate and required functions of
85.11the Capitol building; identify and address space requirements for legislative, executive,
85.12and judicial branch functions; and identify and address the long-term maintenance
85.13and preservation requirements of the Capitol building. In developing the predesign
85.14plan, the commission shall take into account the comprehensive plan for the Minnesota
85.15State Capitol Area, as amended in 2010, the rules governing zoning and design for the
85.16Capitol Area, citizen access, information technology needs, energy efficiency, security,
85.17educational programs including public and school tours, and any additional space needs
85.18for the efficient operation of state government;
85.19(5) shall develop and implement a comprehensive financial plan to fund the
85.20preservation and restoration of the Capitol building;
85.21(6) shall provide annual reports about the condition of the Capitol building and its
85.22needs, as well as all activities related to the restoration of the Capitol building; and
85.23(7) may solicit gifts, grants, or donations of any kind from any private or public
85.24source to carry out the purposes of this section. All gifts, grants, or donations received by
85.25the commission shall be deposited in a State Capitol preservation account established in
85.26the special revenue fund. Money in the account is appropriated to the commissioner of
85.27administration for the activities of the commission and implementation of the predesign
85.28plan under this section.
85.29(b) By January 15 of each year, the commission shall report to the chairs and ranking
85.30minority members of the legislative committees with jurisdiction over the commission
85.31regarding the activities and efforts of the commission in the preceding calendar year,
85.32including recommendations adopted by the commission, the comprehensive financial plan
85.33required under paragraph (a), clause (5), and any proposed draft legislation necessary to
85.34implement the recommendations of the commission.
85.35 Subd. 7. Expiration. Notwithstanding section 15.059, subdivision 5, the State
85.36Capitol Preservation Commission does not expire.
86.1 Sec. 4. [15B.34] CAPITOL BUILDING POWERS AND DUTIES.
86.2The board shall:
86.3(1) jointly, with the commissioner of administration and the Minnesota Historical
86.4Society, establish standards and policies for the repair, furnishing, appearance, and
86.5cleanliness of and change to the public and ceremonial areas of the Capitol building;
86.6(2) review and approve plans and specifications and any changes to approved plans
86.7and specifications involving the alteration of the public and ceremonial areas and the
86.8exterior of the Capitol building;
86.9(3) jointly, with the Minnesota Historical Society, review and approve the design,
86.10structural composition, and location of all monuments, memorials, or works of art
86.11presently located in the public and ceremonial areas of the State Capitol, or that will be
86.12placed in the public or ceremonial areas, according to section 138.68; and
86.13(4) assist the State Capitol Preservation Commission with performance of its duties
86.14as needed.
86.15 Sec. 5. [16B.2405] CAPITOL BUILDING POWERS AND DUTIES.
86.16The commissioner, upon receipt of funding for these purposes, shall:
86.17(1) maintain and operate the Capitol building and grounds according to section
86.1816B.24 and other applicable law;
86.19(2) designate a project manager to oversee and manage predesign, design, and
86.20construction contracts and funding for all modifications to the Capitol building;
86.21(3) manage design and construction projects and funding for the Capitol building
86.22according to section 16B.31 and other applicable law;
86.23(4) lease space in the Capitol building, as provided in section 16B.24, to state
86.24agencies, constitutional officers, and the court administrator on behalf of the judicial
86.25branch and allocate space in the Capitol building to the legislative branch as determined
86.26by the commission;
86.27(5) provide information about the Capitol building to the commission, legislative
86.28bodies, and others as needed regarding maintenance, operation, leasing, condition
86.29assessments, design, and construction projects; and
86.30(6) assist the State Capitol Preservation Commission with performance of its duties
86.31as needed.
86.32 Sec. 6. Minnesota Statutes 2010, section 129D.18, subdivision 3, is amended to read:
86.33 Subd. 3. Conditions. (a) A public station receiving funds appropriated under this
86.34section must:
87.1(1) make programs produced with these funds available for broadcast to all other
87.2public stations eligible to receive grants under this section;
87.3(2) offer free
87.4with these funds to public educational institutions, excluding those materials for which
87.5public television stations do not have rights to distribute;
87.6(3) archive programs produced with these funds and make the programs available
87.7for future use through encore broadcast or other distribution, including online; and
87.8(4) ensure that underwriting credit is given to the Minnesota arts and cultural
87.9heritage fund.
87.10(b) Programs produced in partnership with other mission-centered nonprofit
87.11organizations may be used by the partnering organization for their own educational or
87.12promotional purposes.
87.13 Sec. 7. Minnesota Statutes 2010, section 129D.18, subdivision 4, is amended to read:
87.14 Subd. 4. Reporting. A public station receiving funds appropriated under this section
87.15must report annually by January 15 to the commissioner, the Legislative Coordinating
87.16Commission, and the chairs and ranking minority members of the senate and house
87.17of representatives committees and divisions having jurisdiction over arts and cultural
87.18heritage policy and finance regarding how the previous year's grant funds were expended.
87.19
87.20cultural heritage fund under section 3.303, subdivision 10, the report must contain specific
87.21information for each program produced and broadcast, including the cost of production,
87.22the number of stations broadcasting the program, estimated viewership, the number of
87.23hours of legacy program content available for streaming on Web
87.24and other related measures. If the programs produced include educational material, the
87.25public station must report on these efforts.
87.26 Sec. 8. Minnesota Statutes 2010, section 129D.19, subdivision 5, is amended to read:
87.27 Subd. 5. Reporting. A noncommercial radio station receiving funds appropriated
87.28under this section must report annually by January 15 to the commissioner, the Legislative
87.29Coordinating Commission, and the chairs and ranking minority members of the senate
87.30and house of representatives committees and divisions having jurisdiction over arts and
87.31cultural heritage policy and finance regarding how the previous year's grant funds were
87.32expended.
87.33the arts and cultural heritage fund under section 3.303, subdivision 10, the report must
87.34contain specific information for each program produced and broadcast, including the
88.1cost of production, the number of stations broadcasting the program, estimated number
88.2of listeners, and other related measures. If the programs produced include educational
88.3material, the noncommercial radio station must report on these efforts.
88.4 Sec. 9. [138.70] CAPITOL BUILDING POWERS AND DUTIES.
88.5The Minnesota Historical Society shall:
88.6(1) assist and advise in research and preservation of historical features of the Capitol
88.7building, appropriate custodial policies, and maintaining and repairing works of art
88.8according to section 138.69;
88.9(2) jointly, with the Capitol Area Architectural and Planning Board, review and
88.10approve the design, structural composition, and location of all monuments, memorials, or
88.11works of art presently located in the public and ceremonial areas of the Capitol building,
88.12or proposed for placement in the public or ceremonial areas, according to section 138.68;
88.13(3) assist with planning and design of restoration and renovations of the Capitol
88.14building in order to provide public access and education through public interpretive
88.15programs according to the society's statutory responsibilities under section 138.69; and
88.16(4) assist the State Capitol Preservation Commission with performance of its duties
88.17as needed.
88.18 Sec. 10. Laws 2009, chapter 172, article 4, section 9, subdivision 5, is amended to read:
88.19 Subd. 5. Report. The working group must report its findings and recommendations,
88.20including draft legislation, if necessary, to the Indian Affairs Council and the chairs and
88.21ranking minority members of the legislative committees and divisions with jurisdiction
88.22over early childhood through grade 12 education
88.23cultural heritage policy or finance by February 15, 2011, and again by February 15, 2012.
88.24The
88.25 Sec. 11. STATE CAPITOL PRESERVATION COMMISSION APPOINTMENTS
88.26AND FIRST MEETING.
88.27The appointing authorities designated in Minnesota Statutes, section 15B.32,
88.28subdivision 2, must complete their initial appointments to the commission no later than
88.29August 1, 2011. The governor, or the governor's designee, shall convene the first meeting
88.30of the commission within 30 days after the appointments required under this section
88.31have been completed.
89.1 Sec. 12. EFFECTIVE DATE; RELATIONSHIP TO OTHER
89.2APPROPRIATIONS.
89.3Unless otherwise specified, this article is effective retroactively from July 1, 2011,
89.4and supersedes and replaces funding authorized by order of the Second Judicial District
89.5Court in Case No. 62-CV-11-5203.
89.8 Section 1. Minnesota Statutes 2010, section 3.303, subdivision 10, is amended to read:
89.9 Subd. 10. Constitutionally dedicated funding accountability. (a) The Legislative
89.10Coordinating Commission shall develop and maintain a user-friendly, public-oriented
89.11Web site that informs, educates, and demonstrates to the public how the constitutionally
89.12dedicated funds in the arts and cultural heritage fund, outdoor heritage fund, clean water
89.13fund, parks and trails fund, and environment and natural resources trust fund are being
89.14expended to meet the requirements established for each fund in the state constitution.
89.15Information provided on the Web site must include, but is not limited to:
89.16(1) information on all project proposals received by the Outdoor Heritage Council
89.17and the Legislative-Citizen Commission on Minnesota Resources;
89.18(2) information on all projects receiving funding, including:
89.19(i) the name of the project and a project description;
89.20(ii) the name, telephone number, members of the board or equivalent governing
89.21body, and e-mail address of the funding recipient and, when applicable, the Web site
89.22address where the public can directly access detailed information on the recipient's receipt
89.23and use of money for the project;
89.24(iii) the amount and source of funding, including the fiscal year of the appropriation;
89.25(iv) the amount and source of any additional funding or leverage;
89.26(v) the duration of the project;
89.27(vi) the number of full-time equivalents funded under the project. For the purposes
89.28of this item, "full-time equivalent" means a position directly attributed to the receipt of
89.29money from one or more of the funds covered under this section, calculated as the total
89.30number of hours planned for the position divided by 2,088;
89.31(vii) the direct expenses and administration costs of the project;
89.32(viii) proposed measurable outcomes and the plan for measuring and evaluating
89.33the results;
89.34(ix) for pass-through, noncompetitive grants, the entity acting as the fiscal agent or
89.35administering agency and a point of contact for additional information; and
90.1 (x) for competitive grants, the name and a brief description of the qualifications of
90.2all board members or members of an equivalent governing body ultimately responsible
90.3for awarding the grants, as well as any grantmaking advisory group. In addition, an
90.4entity that awards competitive grants, including but not limited to a state agency or any
90.5statewide, regional, or local organization, must report whether an employee, decision
90.6maker, advisory group member, or other person involved in the grant process disclosed
90.7a conflict of interest or potential conflict of interest. If the entity reports that a conflict
90.8of interest or potential conflict of interest was disclosed, the entity must provide the
90.9Legislative Coordinating Commission with a contact person for additional information and
90.10the Legislative Coordinating Commission must post this information on the Web site. An
90.11entity that awards competitive grants must obtain and apply the conflict of interest policies
90.12developed by the commissioner of administration under section 16B.98, subdivision 3,
90.13unless the entity maintains and applies its own documented conflict of interest policies
90.14which are substantially similar to the commissioner of administration's policies;
90.15(3) actual measured outcomes and evaluation of projects as required under sections
90.17(4) education about the areas and issues the projects address, including, when
90.18feasible, maps of where projects have been undertaken;
90.19(5) all frameworks developed for future uses of each fund; and
90.20(6) methods by which members of the public may apply for project funds under
90.21any of the constitutionally dedicated funds.
90.22(b) As soon as practicable or by January 15 of the applicable fiscal year, whichever
90.23comes first, a state agency or other recipient of a direct appropriation from a fund covered
90.24under this section shall submit the information required under paragraph (a) and, when
90.25applicable, compile and submit the same information for any grant recipient or other
90.26subrecipient of funding. All information for proposed and funded projects, including
90.27the proposed measurable outcomes, must be made available on the Web site as soon
90.28as practicable. Information on the measured outcomes and evaluation must be posted
90.29as soon as it becomes available. The costs of these activities shall be paid out of the
90.30arts and cultural heritage fund, outdoor heritage fund, clean water fund, parks and
90.31trails fund, and the environment and natural resources trust fund proportionately. For
90.32purposes of this section, "measurable outcomes" means outcomes, indicators, or other
90.33performance measures that may be quantified or otherwise measured in order to measure
90.34the effectiveness of a project or program in meeting its intended goal or purpose.
90.35(c) The Legislative Coordinating Commission shall be responsible for receiving all
90.36ten-year plans and 25-year frameworks for each of the constitutionally dedicated funds. To
91.1the extent practicable, staff for the commission shall provide assistance and oversight to
91.2these planning efforts and shall coordinate public access to hearings and public meetings
91.3for all planning efforts.
91.4 Sec. 2. Minnesota Statutes 2010, section 85.53, subdivision 2, is amended to read:
91.5 Subd. 2. Expenditures; accountability. (a) A project or program receiving funding
91.6from the parks and trails fund must meet or exceed the constitutional requirement to
91.7support parks and trails of regional or statewide significance. A project or program
91.8receiving funding from the parks and trails fund must include measurable outcomes, as
91.9defined in section
91.10results. A project or program must be consistent with current science and incorporate
91.11state-of-the-art technology, except when the project or program is a portrayal or restoration
91.12of historical significance.
91.13(b) Money from the parks and trails fund shall be expended to balance the benefits
91.14across all regions and residents of the state.
91.15(c)
91.16trails fund must compile and submit all information for funded projects or programs,
91.17including the proposed measurable outcomes and all other items required under section
91.183.303, subdivision 10,
91.19Commission as soon as practicable or by January 15 of the applicable fiscal year,
91.20whichever comes first. The Legislative Coordinating Commission must post submitted
91.21information on the Web site required under section
91.22
91.23as it becomes available.
91.24(d) Grants funded by the parks and trails fund must be implemented according to
91.25section
91.26for any regranting envisioned. Priority for grant proposals must be given to proposals
91.27involving grants that will be competitively awarded.
91.28(e) Money from the parks and trails fund may only be spent on projects located
91.29in Minnesota.
91.30(f) When practicable, a direct recipient of an appropriation from the parks and
91.31trails fund shall prominently display on the recipient's Web site home page the legacy
91.32logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws
91.332010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more
91.34information." When a person clicks on the legacy logo image, the Web site must direct
91.35the person to a Web page that includes both the contact information that a person may
92.1use to obtain additional information, as well as a link to the Legislative Coordinating
92.2Commission Web site required under section 3.303, subdivision 10.
92.3(g) Future eligibility for money from the parks and trails fund is contingent upon a
92.4state agency or other recipient satisfying all applicable requirements in this section, as
92.5well as any additional requirements contained in applicable session law.
92.6 Sec. 3. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
92.7to read:
92.8 Subd. 12. Recipient requirements. (a) A state agency or other recipient of a direct
92.9appropriation from the outdoor heritage fund must compile and submit all information
92.10for funded projects or programs, including the proposed measurable outcomes and all
92.11other items required under section 3.303, subdivision 10, to the Legislative Coordinating
92.12Commission as soon as practicable or by January 15 of the applicable fiscal year,
92.13whichever comes first. The Legislative Coordinating Commission must post submitted
92.14information on the Web site required under section 3.303, subdivision 10, as soon as it
92.15becomes available.
92.16(b) When practicable, a direct recipient of an appropriation from the outdoor
92.17heritage fund shall prominently display on the recipient's Web site home page the legacy
92.18logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws
92.192010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more
92.20information." When a person clicks on the legacy logo image, the Web site must direct
92.21the person to a Web page that includes both the contact information that a person may
92.22use to obtain additional information, as well as a link to the Legislative Coordinating
92.23Commission Web site required under section 3.303, subdivision 10.
92.24(c) Future eligibility for money from the outdoor heritage fund is contingent upon a
92.25state agency or other recipient satisfying all applicable requirements in this section, as
92.26well as any additional requirements contained in applicable session law.
92.27 Sec. 4. Minnesota Statutes 2010, section 114D.50, subdivision 4, is amended to read:
92.28 Subd. 4. Expenditures; accountability. (a) A project receiving funding from the
92.29clean water fund must meet or exceed the constitutional requirements to protect, enhance,
92.30and restore water quality in lakes, rivers, and streams and to protect groundwater and
92.31drinking water from degradation. Priority may be given to projects that meet more than
92.32one of these requirements. A project receiving funding from the clean water fund shall
92.33include measurable outcomes, as defined in section
93.1measuring and evaluating the results. A project must be consistent with current science
93.2and incorporate state-of-the-art technology.
93.3(b) Money from the clean water fund shall be expended to balance the benefits
93.4across all regions and residents of the state.
93.5(c)
93.6water fund must compile and submit all information for proposed and funded projects
93.7or programs, including the proposed measurable outcomes
93.8
93.9Legislative Coordinating Commission as soon as practicable or by January 15 of the
93.10applicable fiscal year, whichever comes first.
93.11
93.12information on the Web site required under section 3.303, subdivision 10, as soon as it
93.13becomes available. Information classified as not public under section
93.143
93.15(d) Grants funded by the clean water fund must be implemented according to section
93.17regranting envisioned. Priority for grant proposals must be given to proposals involving
93.18grants that will be competitively awarded.
93.19(e) Money from the clean water fund may only be spent on projects that benefit
93.20Minnesota waters.
93.21(f) When practicable, a direct recipient of an appropriation from the clean water fund
93.22shall prominently display on the recipient's Web site home page the legacy logo required
93.23under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter
93.24361, article 3, section 5, accompanied by the phrase "Click here for more information."
93.25When a person clicks on the legacy logo image, the Web site must direct the person to
93.26a Web page that includes both the contact information that a person may use to obtain
93.27additional information, as well as a link to the Legislative Coordinating Commission Web
93.28site required under section 3.303, subdivision 10.
93.29(g) Future eligibility for money from the clean water fund is contingent upon a state
93.30agency or other recipient satisfying all applicable requirements in this section, as well as
93.31any additional requirements contained in applicable session law.
93.32 Sec. 5. Minnesota Statutes 2010, section 129D.17, subdivision 2, is amended to read:
93.33 Subd. 2. Expenditures; accountability. (a) Funding from the arts and cultural
93.34heritage fund may be spent only for arts, arts education, and arts access, and to preserve
93.35Minnesota's history and cultural heritage. A project or program receiving funding from
94.1the arts and cultural heritage fund must include measurable outcomes, and a plan for
94.2measuring and evaluating the results. A project or program must be consistent with current
94.3scholarship, or best practices, when appropriate and must incorporate state-of-the-art
94.4technology when appropriate.
94.5(b) Funding from the arts and cultural heritage fund may be granted for an entire
94.6project or for part of a project so long as the recipient provides a description and cost for
94.7the entire project and can demonstrate that it has adequate resources to ensure that the
94.8entire project will be completed.
94.9(c) Money from the arts and cultural heritage fund shall be expended for benefits
94.10across all regions and residents of the state.
94.11(d)
94.12cultural heritage fund must compile and submit all information for funded projects or
94.13programs, including the proposed measurable outcomes and all other items required under
94.14section 3.303, subdivision 10,
94.15Commission
94.16whichever comes first.
94.17
94.18Web site required under section 3.303, subdivision 10, as soon as it becomes available.
94.19(e) Grants funded by the arts and cultural heritage fund must be implemented
94.20according to section
94.21grant proposals must be given to proposals involving grants that will be competitively
94.22awarded.
94.23(f) All money from the arts and cultural heritage fund must be for projects located
94.24in Minnesota.
94.25(g) When practicable, a direct recipient of an appropriation from the arts and cultural
94.26heritage fund shall prominently display on the recipient's Web site home page the legacy
94.27logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws
94.282010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more
94.29information." When a person clicks on the legacy logo image, the Web site must direct
94.30the person to a Web page that includes both the contact information that a person may
94.31use to obtain additional information, as well as a link to the Legislative Coordinating
94.32Commission Web site required under section 3.303, subdivision 10.
94.33(h) Future eligibility for money from the arts and cultural heritage fund is contingent
94.34upon a state agency or other recipient satisfying all applicable requirements in this section,
94.35as well as any additional requirements contained in applicable session law.
95.1 Sec. 6. APPLICABILITY.
95.2Sections 7 to 10 apply to any appropriation for fiscal year 2012 or 2013 from a legacy
95.3fund. For the purposes of sections 7 to 10, "legacy fund" means the outdoor heritage fund,
95.4the clean water fund, the parks and trails fund, or the arts and cultural heritage fund
95.5 Sec. 7. GENERAL PROVISIONS.
95.6 Subdivision. 1. Grants. Grants funded by a legacy fund must be implemented
95.7according to Minnesota Statutes, section 16B.98, and the responsible entity must account
95.8for all expenditures of funds.
95.9 Subd. 2. Constitution. A recipient of money from a legacy fund must comply with
95.10the Minnesota Constitution, article XI, section 15, and may not substitute money received
95.11from a legacy fund for a traditional source of funding.
95.12 Subd. 3. Trusts and similar instruments. A recipient of money from a legacy fund
95.13must not use the money to fund a trust, endowment, or similar instrument unless:
95.14(1) the entity reports no later than February 1 each year to the commissioner of
95.15management and budget and the legislative committees with jurisdiction over legacy
95.16funds regarding the recipient's use and fiduciary stewardship of legacy funds during the
95.17period; and
95.18(2) the entity submits to regular audits of the trust, endowment, or similar instrument
95.19by the Office of the Legislative Auditor.
95.20 Sec. 8. IN THE EVENT OF A LAWSUIT.
95.21(a) An appropriation or portion of an appropriation from a legacy fund is canceled to
95.22the extent that a court determines that the appropriation unconstitutionally substitutes for
95.23a traditional source of funding.
95.24(b) Any grant contract or similar agreement that awards money from a legacy fund
95.25must contain the information in paragraph (a).
95.26 Sec. 9. LEGACY ACCOUNTING; TECHNICAL ASSISTANCE.
95.27No later than January 1, 2012, the commissioner of management and budget shall
95.28finalize guidance and best practices to assist state agencies in uniformly accounting for
95.29their expenditure of legacy funds. The commissioner shall make this information available
95.30to all state agencies identified in this act.
95.31 Sec. 10. EFFECTIVE DATE; RELATIONSHIP TO OTHER
95.32APPROPRIATIONS.
96.1Unless otherwise specified, this article is effective retroactively from July 1, 2011,
96.2and supersedes and replaces funding authorized by order of the Second Judicial District
96.3Court in Case No. 62-CV-11-5203.
