Bill Text: MN SF987 | 2013-2014 | 88th Legislature | Engrossed

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Bill Title: Environment and natural resources trust fund appropriations

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2013-05-03 - HF substituted on General Orders HF1113 [SF987 Detail]

Download: Minnesota-2013-SF987-Engrossed.html

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A bill for an act

relating to natural resources; appropriating money from environment and
natural resources trust fund; modifying provisions for the Legislative-Citizen
Commission on Minnesota Resources; modifying requirements for land
acquisition with trust fund money;amending Minnesota Statutes 2012, sections
116P.05, subdivisions 1, 2; 116P.09, subdivision 2; 116P.15; 116P.16; proposing
coding for new law in Minnesota Statutes, chapter 116P.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. APPROPRIATIONS.

The sums shown in the columns marked "Appropriations" are appropriated to
the agencies and for the purposes specified in this act. The appropriations are from
the environment and natural resources trust fund and are available for the fiscal years
indicated for each purpose. The figures "2014" and "2015" used in this act mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2014,
or June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is
fiscal year 2015. "The biennium" is fiscal years 2014 and 2015. The appropriations in
this act are onetime.

				APPROPRIATIONS
				Available for the Year
				Ending June 30
					2014		2015

Sec. 2. MINNESOTA RESOURCES

Subdivision 1.Total Appropriation

$

33,810,000

$

4,350,000

	Appropriations by Fund
		2014	2015
	Environment and natural resources trust fund	33,810,000	4,350,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.
Appropriations are available for two
years beginning July 1, 2013, unless
otherwise stated in the appropriation. Any
unencumbered balance remaining in the first
year does not cancel and is available for the
second year.

Subd. 2.Definition

"Trust fund" means the Minnesota
environment and natural resources trust fund
referred to in Minnesota Statutes, section
116P.02, subdivision 6.

Subd. 3.Natural Resource Data and Information

8,076,000

-0-

(a) Minnesota Biological Survey

$2,650,000 the first year is from the
trust fund to the commissioner of natural
resources for continuation of the Minnesota
biological survey to provide a foundation
for conserving biological diversity by
systematically collecting, interpreting,
monitoring, and delivering data on plant and
animal distribution and ecology, native plant
communities, and functional landscapes.

(b) County Geologic Atlases - Part A

$1,200,000 the first year is from the trust fund
to the Board of Regents of the University
of Minnesota to continue the acceleration
of the production of county geologic atlases
that define aquifer boundaries and the
connection of aquifers to the land surface and
surface water resources for the purpose of
sustainable management of surface water and
groundwater resources. This appropriation
is available until June 30, 2016, by which
time the project must be completed and final
products delivered.

(c) County Geologic Atlases - Part B

$1,200,000 the first year is from the trust
fund to the commissioner of natural resources
to continue the analysis and compilation
of groundwater data for the production
of county geologic atlases, publication of
geospatial groundwater data, and continued
mapping of springsheds and karst features
for Winona and Houston Counties. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.

(d) Updating National Wetland Inventory for Minnesota - Phase IV

$1,000,000 the first year is from the trust
fund to the commissioner of natural resources
to continue the update and enhancement
of wetland inventory maps for Minnesota.
This appropriation is available until June
30, 2016, by which time the project must be
completed and final products delivered.

(e) Conservation Easement Stewardship Program - Phase III

$200,000 the first year is from the trust fund
to the commissioner of natural resources
for the final phase to bring conservation
easements held by the Department of Natural
Resources up to minimum conservation
standards, through monitoring, baseline data
collection, and baseline report preparation.

(f) Harnessing Soudan Mine Microbes: Bioremediation, Bioenergy, and Biocontrol

$838,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota to continue the characterization of
unique microbes discovered in the Soudan
Underground Mine State Park that have
potential applications for metal remediation
in water resources, microbial electrofuels,
and biocontrol of white-nose bat syndrome.
This appropriation is available until June
30, 2016, by which time the project must be
completed and final products delivered.

(g) Improved Rapid Forest Ecosystem and Habitat Inventory

$262,000 the first year is from the trust fund
to the Board of Regents of the University
of Minnesota to evaluate a new approach to
forest inventory, based on statewide forest
inventory and analysis (FIA) data.

(h) Finding Disease Resistant Elm Trees in Minnesota

$200,000 the first year is from the trust fund
to the Board of Regents of the University
of Minnesota to evaluate and identify
native Minnesota elms resistant to Dutch
elm disease to assist with limiting the
susceptibility of the state's elms to Dutch elm
disease. This appropriation is available until
June 30, 2016, by which time the project must
be completed and final products delivered.

(i) Enhancing Timber Sale Program Environmental and Economic Sustainability

$336,000 the first year is from the trust fund
to the Board of Regents of the University
of Minnesota to evaluate the impacts of
timber payment methods on postharvest
forest ecological conditions and net revenue
generated from public timber sale programs.
This appropriation is available until June
30, 2016, by which time the project must be
completed and final products delivered.

(j) Enhancing Environmental and Economic Benefits of Woodland Grazing

$190,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota to evaluate management options
for woodlands used for grazing to improve
ecological and economic benefits. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.

Subd. 4.Land, Habitat, Restoration, and Recreation

13,522,000

-0-

(a) State Parks and Trails Land Acquisition

$1,000,000 the first year is from the trust
fund to the commissioner of natural resources
to acquire authorized state trails and critical
parcels within the statutory boundaries
of state parks. State park land acquired
with this appropriation must be sufficiently
improved to meet at least minimum
management standards, as determined by the
commissioner of natural resources. A list
of proposed acquisitions must be provided
as part of the required work plan. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.

(b) Scientific and Natural Area Restoration, Enhancement, and Citizen Engagement

$1,500,000 the first year is from the
trust fund to the commissioner of natural
resources to conserve sites of biodiversity
significance by restoring and enhancing
lands established as scientific and natural
areas as provided in Minnesota Statutes,
section 86A.05, subdivision 5, and providing
volunteer engagement and outreach. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.

(c) Native Prairie Stewardship and Native Prairie Bank Easement Acquisition

$750,000 the first year is from the trust fund
to the commissioner of natural resources
to acquire native prairie bank easements,
prepare baseline property assessments,
restore and enhance native prairie sites, and
provide technical assistance to landowners.
This appropriation is available until June
30, 2016, by which time the project must be
completed and final products delivered.

(d) Metropolitan Conservation Corridors (MeCC) - Phase VII

$2,000,000 the first year is from the
trust fund for the acceleration of agency
programs and cooperative agreements.
Of this appropriation, $10,000 is to the
commissioner of natural resources for
agency programs and $1,990,000 is to
the commissioner of administration for
agreements as follows: $304,000 with
Friends of the Mississippi River; $368,000
with Dakota County; $208,000 with Great
River Greening; $310,000 with Minnesota
Land Trust; $400,000 with Minnesota Valley
National Wildlife Refuge Trust, Inc.; and
$400,000 with the Trust for Public Land for
planning, restoring, and protecting priority
natural areas in the metropolitan area, as
defined under Minnesota Statutes, section
473.121, subdivision 2, and portions of the
surrounding counties, through contracted
services, technical assistance, conservation
easements, and fee title acquisition. Land
acquired with this appropriation must
be sufficiently improved to meet at least
minimum management standards, as
determined by the commissioner of natural
resources. Expenditures are limited to the
identified project corridor areas as defined in
the work plan. This appropriation may not be
used for the purchase of habitable residential
structures, unless expressly approved in the
work plan. All conservation easements must
be perpetual and have a natural resource
management plan. Any land acquired in fee
title by the commissioner of natural resources
with money from this appropriation must
be designated as an outdoor recreation unit
under Minnesota Statutes, section 86A.07.
The commissioner may similarly designate
any lands acquired in less than fee title. A
list of proposed restorations and fee title
and easement acquisitions must be provided
as part of the required work plan. Lands
that would require payments in lieu of taxes
under Minnesota Statutes, section 97A.061
or 477A.12, shall not be acquired with money
from this appropriation. Up to $54,000 is for
use by Minnesota Land Trust in a monitoring
and enforcement fund as approved in the
work plan and subject to subdivision 16. An
entity that acquires a conservation easement
with appropriations from the trust fund
must have a long-term stewardship plan
for the easement and a fund established for
monitoring and enforcing the agreement.
Money appropriated from the trust fund for
easement acquisition may be used to establish
a monitoring, management, and enforcement
fund as approved in the work plan. An
annual financial report is required for any
monitoring, management, and enforcement
fund established, including expenditures
from the fund. This appropriation is available
until June 30, 2016, by which time the
project must be completed and final products
delivered.

(e) Landscape Arboretum Acquisition - Lake Tamarack

$2,000,000 the first year is from the trust fund
to the Board of Regents of the University
of Minnesota to acquire land surrounding
Lake Tamarack in Carver County as part of
the acquisition of approximately 80 acres.
This appropriation is available until June
30, 2016, by which time the project must be
completed and final products delivered.

(f) Conservation Program Technical Assistance Grants

$3,000,000 the first year is from the trust fund
to the Board of Water and Soil Resources to
continue providing grants to soil and water
conservation districts and other units of local
and state government for the employment
of staff to reenroll expiring lands into
programs for conservation purposes. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.

(g) Moose Habitat Restoration in Northeastern Minnesota

$200,000 the first year is from the trust fund
to the Board of Regents of the University
of Minnesota for the Natural Resources
Research Institute to develop best practices
guidelines for creating moose foraging
habitat efficiently and cost-effectively. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.

(h) Bee Pollinator Habitat Enhancement

$200,000 the first year is from the trust
fund to the Board of Regents of the
University of Minnesota to assess the
potential to supplement traditional turf grass
by providing critical floral plant resources
to enhance bee pollinator habitat. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.

(i) Conservation Grazing to Improve Wildlife Habitat on Wildlife Management Areas

$600,000 the first year is from the trust fund
to the commissioner of natural resources
to develop grazing plans and provide
infrastructure to support conservation
grazing on approximately 10,000 acres
of targeted wildlife management areas in
partnership with local livestock producers.
Any revenue generated as a result of
this appropriation must be reinvested in
producing plans, conducting maintenance,
or building infrastructure for new or
existing conservation grazing efforts. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.

(j) Preserving the Avon Hills Landscape - Phase II

$772,000 the first year is from the trust fund
to the commissioner of administration for an
agreement with Saint John's University in
cooperation with the Minnesota Land Trust
to secure permanent conservation easements
on high quality habitat in Stearns County,
prepare conservation management plans, and
provide public outreach. A list of proposed
easement acquisitions must be provided
as part of the required work plan. Up to
$80,000 is for use by Minnesota Land Trust
in a monitoring and enforcement fund as
approved in the work plan and subject to
subdivision 16. An entity that acquires a
conservation easement with appropriations
from the trust fund must have a long-term
stewardship plan for the easement and a fund
established for monitoring and enforcing the
agreement. Money appropriated from the
trust fund for easement acquisition may be
used to establish a monitoring, management,
and enforcement fund as approved in the
work plan. An annual financial report is
required for any monitoring, management,
and enforcement fund established,
including expenditures from the fund. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.

(k) Frogtown Farm and Park Acquisition

$1,500,000 the first year is from the trust
fund to the commissioner of administration
for an agreement with the Trust for Public
Land to acquire a portion of 12 acres for
Frogtown Farm and Park to be established as
a St. Paul city park.

Subd. 5.Water Resources

3,819,000

-0-

(a) Sustaining Lakes in Changing Environment - Phase II

$1,200,000 the first year is from the
trust fund to the commissioner of natural
resources in cooperation with the United
States Geological Survey, the University of
Minnesota, and the University of St. Thomas
to continue development and implementation
of monitoring, modeling, and reporting
protocols for Minnesota lakes to be used
in water and fisheries management. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.

(b) Assessment of Natural Copper-Nickel Bedrocks on Water Quality

$585,000 the first year is from the trust fund
to the Board of Regents of the University of
Minnesota in cooperation with the United
States Geological Survey to assess impacts
of existing mineralization and potential
mining on northeastern Minnesota regional
water quality, including impacts from copper,
nickel, and other metal concentrations in
rocks, streambed sediments, and soils in
areas of potential base-metal mining. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.

(c) Heron Lake Sediment and Phosphorus Reduction Implementation Projects

$122,000 the first year is from the trust fund
to the Board of Water and Soil Resources for
an agreement with the Heron Lake Watershed
District for public outreach and installation
and monitoring of water quality improvement
projects. This appropriation is available until
June 30, 2016, by which time the project must
be completed and final products delivered.

(d) Southern Minnesota Lakes Restoration

$463,000 the first year is from the trust fund
to the Board of Water and Soil Resources for
an agreement with Le Sueur County to install
shoreland and agricultural best management
practices to improve water quality for up
to 14 lakes in a tri-county area in southern
Minnesota. This appropriation is available
until June 30, 2016, by which time the
project must be completed and final products
delivered.

(e) Measuring Hydrologic Benefits from Glacial Ridge Habitat Restoration

$400,000 the first year is from the trust fund
to the commissioner of administration for
an agreement with the Red Lake Watershed
District in cooperation with the United States
Geological Survey to compare the hydrology
of habitats before and after restorations to
evaluate and quantify the impacts on flood
reduction and water quality in order to inform
improvements to restoration techniques.
This appropriation is available until June
30, 2016, by which time the project must be
completed and final products delivered. The
United States Geologic Survey is not subject
to the requirements in Minnesota Statutes,
section 116P.10.

(f) Evaluation of Lake Superior Water Quality Health

$600,000 the first year is from the trust fund
to the Board of Regents of the University
of Minnesota to evaluate impacts to Lake
Superior from a changing thermal structure
and invasive species in order to implement
lake water quality management strategies.
This appropriation is available until June
30, 2016, by which time the project must be
completed and final products delivered.

(g) Membranes for Wastewater-Generated Hydrogen and Clean Water

$246,000 the first year is from the trust fund
to the Board of Regents of the University
of Minnesota to develop, optimize, and test
membranes made of thin film polymers
embedded with selected bacteria to
generate clean water and energy in the
form of hydrogen from wastewater. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.

(h) Antibiotics in Minnesota Waters - Phase II Mississippi River

$203,000 the first year is from the trust fund
to the commissioner of administration for an
agreement with the University of St. Thomas
to measure antibiotic concentrations and
antibiotic resistance levels and assess the
contributions of farm runoff and wastewater
treatment in a portion of the Mississippi
River. This appropriation is available until
June 30, 2016, by which time the project must
be completed and final products delivered.

Subd. 6.Aquatic and Terrestrial Invasive Species

6,632,000

4,350,000

(a) Aquatic Invasive Species Research Center

$4,350,000 the first year and $4,350,000
the second year are from the trust fund to
the Board of Regents of the University of
Minnesota to develop and support an aquatic
invasive species (AIS) research center at the
University of Minnesota that will develop
new techniques to control aquatic invasive
species including Asian carp, zebra mussels,
and plant species. This appropriation is
available until June 30, 2019, by which time
the project must be completed and final
products delivered.

(b) Detecting and Monitoring Asian Carp Populations

$540,000 the first year is from the trust fund
to the commissioner of natural resources to
accelerate a search and monitoring program
directly targeting Asian carp to be used in the
development of potential control strategies.

(c) Improving Emerald Ash Borer Detection Efficacy for Control

$600,000 the first year is from the trust
fund to evaluate and implement options for
effective detection of the presence of emerald
ash borer. Of this appropriation, $240,000
is to the commissioner of agriculture and
$360,000 is to the Board of Regents of the
University of Minnesota. This appropriation
is available until June 30, 2016, by which
time the project must be completed and final
products delivered.

(d) Elimination of Target Invasive Plant Species

$350,000 the first year is from the trust fund
to the commissioner of agriculture to train
volunteers and professionals to find, control,
and monitor targeted newly emergent
invasive species. This appropriation is
available until June 30, 2016, by which time
the project must be completed and final
products delivered.

(e) Biological Control of Garlic Mustard

$140,000 the first year is from the trust fund
to the commissioner of natural resources in
cooperation with the University of Minnesota
to continue the implementation of biological
control for invasive garlic mustard plants.
This appropriation is available until June
30, 2016, by which time the project must be
completed and final products delivered.

(f) Zebra Mussel Control Research and Evaluation in Minnesota Waters

$600,000 the first year is from the trust fund
to the commissioner of administration for an
agreement with the United States Geological
Survey, Upper Midwest Environmental
Sciences Center, to assess the ecological
impacts of a commercially available
molluscicide formulation on the reproduction
and development of native fish, as well as
impacts on larval aquatic insect survival,
and to evaluate the effectiveness of these
treatment options for detection and control of
zebra mussels. This appropriation is available
until June 30, 2016, by which time the
project must be completed and final products
delivered. The United States Geologic
Survey is not subject to the requirements in
Minnesota Statutes, section 116P.10.

(g) Controlling Terrestrial Invasive Plants with Grazing Animals

$52,000 the first year is from the trust fund
to the commissioner of administration for an
agreement with Hiawatha Valley Resource
Conservation and Development, Inc. to
develop cost effective best management
practices to control invasive terrestrial
species through planned grazing. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.

Subd. 7.Environmental Education

636,000

-0-

(a) Minnesota Conservation Apprentice Academy

$186,000 the first year is from the trust fund
to the Board of Water and Soil Resources
in cooperation with the Conservation
Corps Minnesota to continue a program
to train and mentor future conservation
professionals by providing apprenticeship
service opportunities with soil and water
conservation districts.

(b) Youth Outdoors: Mississippi River Education and Employment Opportunities

$450,000 the first year is from the trust
fund to the commissioner of administration
for an agreement with Wilderness Inquiry
to provide outdoor education, recreation,
and youth employment on the Mississippi
River from Grand Rapids to St. Cloud, the
Twin Cities, Hastings, and Red Wing. This
appropriation is available until June 30,
2016, by which time the project must be
completed and final products delivered.

Subd. 8.Administration and Contract Agreement Reimbursement

1,125,000

-0-

(a) Legislative-Citizen Commission on Minnesota Resources (LCCMR)

$990,000 the first year is from the trust fund to
the LCCMR for administration in fiscal years
2014 and 2015 as provided in Minnesota
Statutes, section 116P.09, subdivision 5.

(b) Contract Agreement Reimbursement

$135,000 the first year is from the trust
fund to the commissioner of administration
at the direction of the Legislative-Citizen
Commission on Minnesota Resources for
expenses incurred for contract agreement
reimbursement for the agreements specified
in this section. The commissioner
shall provide documentation to the
Legislative-Citizen Commission on
Minnesota Resources on the expenditure of
these funds.

Subd. 9.Availability of Appropriations

Money appropriated in this section may
not be spent on activities unless they are
directly related to and necessary for a specific
appropriation and are specified in the work
plan approved by the Legislative-Citizen
Commission on Minnesota Resources.
Money appropriated in this section must
not be spent on indirect costs or other
institutional overhead charges that are
not directly related to and necessary for
a specific appropriation. Costs that are
directly related to and necessary for an
appropriation, including financial services,
human resources, information services, rent,
and utilities, are eligible only if they can be
clearly justified and individually documented
specific to the appropriation's purpose and
would not be generated by the recipient
but for the receipt of the appropriation.
No broad allocations for costs in either
dollars or percentages are allowed. Unless
otherwise provided, the amounts in this
section are available until June 30, 2015,
when projects must be completed and final
products delivered. For acquisition of real
property, the appropriations in this section
are available for an additional fiscal year if a
binding contract for acquisition of the real
property is entered into before the original
expiration date of the appropriation. If a
project receives a federal grant, the time
period of the appropriation is extended to
equal the federal grant period.

Subd. 10.Data Availability Requirements

Data collected by the projects funded under
this section must conform to guidelines
and standards adopted by MN.IT Services.
Spatial data also must conform to additional
guidelines and standards designed to support
data coordination and distribution that have
been published by the Minnesota Geospatial
Information Office. Descriptions of spatial
data must be prepared as specified in
the state's geographic metadata guideline
and must be submitted to the Minnesota
Geospatial Information Office. All data must
be accessible and free to the public unless
made private under the Data Practices Act,
Minnesota Statutes, chapter 13.
To the extent practicable, summary data and
results of projects funded under this section
should be readily accessible on the Internet
and identified as having received funding
from the environment and natural resources
trust fund.

Subd. 11.Project Requirements

(a) As a condition of accepting an
appropriation under this section, any agency
or entity receiving an appropriation or a
party to an agreement from an appropriation
must comply with paragraphs (b) to (k)
and Minnesota Statutes, chapter 116P, and
must submit a work plan and semiannual
progress reports in the form determined
by the Legislative-Citizen Commission on
Minnesota Resources for any project funded
in whole or in part with funds from the
appropriation. Modifications to the approved
work plan and budget expenditures shall
be made through the amendment process
established by the Legislative-Citizen
Commission on Minnesota Resources.
(b) For all restorations conducted with
money appropriated under this section,
a recipient must prepare an ecological
restoration and management plan that, to
the degree practicable, is consistent with the
highest quality conservation and ecological
goals for the restoration site. Consideration
should be given to soil, geology, topography,
and other relevant factors that would provide
the best chance for long-term success of the
restoration projects. The plan must include
the proposed timetable for implementing
the restoration, including site preparation,
establishment of diverse plant species,
maintenance, and additional enhancement to
establish the restoration; identify long-term
maintenance and management needs of
the restoration and how the maintenance,
management, and enhancement will be
financed; and take advantage of the best
available science and include innovative
techniques to achieve the best restoration.
(c) Any entity receiving an appropriation in
this section for restoration activities must
provide an initial restoration evaluation
at the completion of the appropriation
and an evaluation three years beyond the
completion of the expenditure. Restorations
must be evaluated relative to the stated
goals and standards in the restoration plan,
current science, and, when applicable, the
Board of Water and Soil Resources' native
vegetation establishment and enhancement
guidelines. The evaluation shall determine
whether the restorations are meeting planned
goals, identify any problems with the
implementation of the restorations, and,
if necessary, give recommendations on
improving restorations. The evaluation shall
be focused on improving future restorations.
(d) Except as otherwise provided in this
section, all restoration and enhancement
projects funded with money appropriated in
this section must be on land permanently
protected by a conservation easement or
public ownership or in public waters as
defined in Minnesota Statutes, section
103G.005, subdivision 15.
(e) A recipient of money from an
appropriation under this section must
give consideration to contracting with
Conservation Corps Minnesota for contract
restoration and enhancement services.
(f) All conservation easements acquired with
money appropriated under this section must:
(1) be perpetual;
(2) specify the parties to an easement in the
easement;
(3) specify all of the provisions of an
agreement that are perpetual;
(4) be sent to the Legislative-Citizen
Commission on Minnesota Resources in an
electronic format prior to closing;
(5) include a long-term monitoring and
enforcement plan and funding for monitoring
and enforcing the easement agreement; and
(6) include requirements in the easement
document to address specific water quality
protection activities such as keeping water
on the landscape, reducing nutrient and
contaminant loading, protecting groundwater,
and not permitting artificial hydrological
modifications.
(g) For any acquisition of land or interest in
land, a recipient of money appropriated under
this section must give priority to high quality
natural resources or conservation lands that
provide natural buffers to water resources.
(h) For new lands acquired with money
appropriated under this section, a
recipient must prepare a restoration and
management plan in compliance with
paragraph (b), including sufficient funding
for implementation unless the work plan
addresses why a portion of the money is
not necessary to achieve a high quality
restoration.
(i) To the extent an appropriation is used to
acquire an interest in real property, a recipient
of an appropriation under this section
must provide to the Legislative-Citizen
Commission on Minnesota Resources and
the commissioner of management and budget
an analysis of increased operation and
maintenance costs likely to be incurred by
public entities as a result of the acquisition
and how these costs are to be paid.
(j) To ensure public accountability for the
use of public funds, a recipient of money
appropriated under this section must provide
to the Legislative-Citizen Commission on
Minnesota Resources documentation of the
selection process used to identify parcels
acquired and provide documentation of all
related transaction costs, including but not
limited to appraisals, legal fees, recording
fees, commissions, other similar costs,
and donations. This information must be
provided for all parties involved in the
transaction. The recipient must also report
to the Legislative-Citizen Commission on
Minnesota Resources any difference between
the acquisition amount paid to the seller
and the state-certified or state-reviewed
appraisal, if a state-certified or state-reviewed
appraisal was conducted. Acquisition data
such as appraisals may remain private during
negotiations but must ultimately be made
public according to Minnesota Statutes,
chapter 13. The commission may waive the
application of this paragraph for specific
projects.
(k) A recipient of an appropriation from
the trust fund under this section must
acknowledge financial support from
the Minnesota environment and natural
resources trust fund in project publications,
signage, and other public communications
and outreach related to work completed
using the appropriation. Acknowledgement
may occur, as appropriate, through use of
the trust fund logo or inclusion of language
attributing support from the trust fund. Each
direct recipient of money appropriated in
this section, as well as each recipient of a
grant awarded pursuant to this section, must
satisfy all reporting and other requirements
incumbent upon constitutionally dedicated
funding recipients as provided in Minnesota
Statutes, section 3.303, subdivision 10, and
chapter 116P.

Subd. 12.Payment Conditions and Capital Equipment Expenditures

All agreements, grants, or contracts referred
to in this section must be administered on
a reimbursement basis unless otherwise
provided in this section. Notwithstanding
Minnesota Statutes, section 16A.41,
expenditures made on or after July 1, 2013, or
the date the work plan is approved, whichever
is later, are eligible for reimbursement unless
otherwise provided in this section. Periodic
payment must be made upon receiving
documentation that the deliverable items
articulated in the approved work plan
have been achieved, including partial
achievements as evidenced by approved
progress reports. Reasonable amounts may
be advanced to projects to accommodate
cash flow needs or match federal money.
The advances must be approved as part of
the work plan. No expenditures for capital
equipment are allowed unless expressly
authorized in the project work plan.

Subd. 13.Purchase of Recycled and Recyclable Materials

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

Subd. 14.Energy Conservation and Sustainable Building Guidelines

A recipient to whom an appropriation is made
under this section for a capital improvement
project must ensure that the project complies
with the applicable energy conservation and
sustainable building guidelines and standards
contained in law, including Minnesota
Statutes, sections 16B.325, 216C.19, and
216C.20, and rules adopted under those
sections. The recipient may use the energy
planning, advocacy, and State Energy Office
units of the Department of Commerce to
obtain information and technical assistance
on energy conservation and alternative
energy development relating to the planning
and construction of the capital improvement
project.

Subd. 15.Accessibility

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

Subd. 16.Easement Monitoring and Enforcement Requirements

Money appropriated under this section for
easement monitoring and enforcement may
be spent only on activities included in an
easement monitoring and enforcement plan
contained within the work plan. Money
received for monitoring and enforcement,
including earnings on the money received,
shall be kept in a monitoring and enforcement
fund held by the organization and dedicated
to monitoring and enforcing conservation
easements within Minnesota. Within 120
days after the close of the entity's fiscal
year, an entity receiving appropriations
for easement monitoring and enforcement
must provide an annual financial report
to the Legislative-Citizen Commission on
Minnesota Resources or its successor on
the easement monitoring and enforcement
fund as specified in the work plan.
Money appropriated under this section for
monitoring and enforcement of easements
and earnings on the money appropriated
shall revert to the state if: (1) the easement
transfers to the state; (2) the holder of the
easement fails to file an annual report and
then fails to cure that default within 30 days
of notification of the default by the state;
or (3) the holder of the easement fails to
comply with the terms of the monitoring and
enforcement plan contained within the work
plan and fails to cure that default within 90
days of notification of the default by the state.

Subd. 17.Carryforward

The availability of the appropriations for the
following projects are extended to June 30,
2014:
(1) Laws 2010, chapter 362, section 2,
subdivision 4, paragraph (h), Conserving
Sensitive and Priority Shorelands in Cass
County;
(2) Laws 2010, chapter 362, section 2,
subdivision 5, paragraph (a), Understanding
Sources of Aquatic Contaminants of
Emerging Concern;
(3) Laws 2010, chapter 362, section 2,
subdivision 3, paragraph (b), Updating the
Minnesota Wetlands Inventory: Phase 2;
(4) Laws 2010, chapter 362, section 2,
subdivision 4, paragraph (b), Scientific and
Natural Areas and Native Prairie Restoration,
Enhancement and Acquisition;
(5) Laws 2010, chapter 362, section 2,
subdivision 4, paragraph (i), Reconnecting
Fragmented Prairie Landscapes;
(6) Laws 2010, chapter 362, section 2,
subdivision 6, paragraph (a), Biological
Control of European Buckthorn and Garlic
Mustard;
(7) Laws 2010, chapter 362, section 2,
subdivision 8, paragraph (e), Get Outside –
Urban Woodland for Kids;
(8) Laws 2010, chapter 362, section 2,
subdivision 5, paragraph (e), Assessing
Septic System Discharge to Lakes;
(9) Laws 2010, chapter 362, section 2,
subdivision 3, paragraph (i), Ecosystem
Services in Agricultural Watersheds;
(10) Laws 2010, chapter 362, section
2, subdivision 3, paragraph (a), County
Geologic Atlases and Related Hydrogeologic
Research; and
(11) Laws 2010, chapter 362, section 2,
subdivision 7, paragraph (a), Algae for Fuels
Pilot Projects.

    Sec. 3. Minnesota Statutes 2012, section 116P.05, subdivision 1, is amended to read:
    Subdivision 1. Membership. (a) A Legislative-Citizen Commission on Minnesota
Resources of 17 members is created in the legislative branch, consisting of the chairs
of the house of representatives and senate committees on environment and natural
resources finance or designees appointed for the terms of the chairs, four members of the
senate appointed by the Subcommittee on Committees of the Committee on Rules and
Administration, and four members of the house of representatives appointed by the speaker.
At least two members from the senate and two members from the house of
representatives must be from the minority caucus. Members are entitled to reimbursement
for per diem expenses plus travel expenses incurred in the services of the commission.
Seven citizens are members of the commission, five appointed by the governor, one
appointed by the Senate Subcommittee on Committees of the Committee on Rules and
Administration, and one appointed by the speaker of the house. The citizen members
are selected and recommended to the appointing authorities according to subdivision
1a and must:
(1) have experience or expertise in the science, policy, or practice of the protection,
conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife,
and other natural resources;
(2) have strong knowledge in the state's environment and natural resource issues
around the state; and
(3) have demonstrated ability to work in a collaborative environment.
(b) Members shall develop procedures to elect a chair that rotates between legislative
and citizen members. The chair shall preside and convene meetings as often as necessary
to conduct duties prescribed by this chapter.
(c) Appointed legislative members shall serve on the commission for two-year
terms, beginning in January of each odd-numbered year and continuing through the end
of December of the next even-numbered year. Appointed citizen members shall serve
four-year terms, beginning in January of the first year and continuing through the end
of December of the final year. Citizen and legislative members continue to serve until
their successors are appointed.
(d) A citizen member may be removed by an appointing authority for cause.
Vacancies occurring on the commission shall not affect the authority of the remaining
members of the commission to carry out their duties, and vacancies shall be filled for the
remainder of the term in the same manner under paragraph (a).
(e) Citizen members shall be initially appointed according to the following schedule
of terms:
(1) two members appointed by the governor for a term ending the first Monday in
January 2010;
(2) one member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2010 and one member appointed by the speaker of the house for a term ending the first
Monday in January 2010;
(3) two members appointed by the governor for a term ending the first Monday in
January 2009; and
(4) one member appointed by the governor for a term ending the first Monday in
January 2008.
(f) Citizen members are entitled to per diem and reimbursement for expenses
incurred in the services of the commission, as provided in section 15.059, subdivision 3.
(g) The governor's appointments are subject to the advice and consent of the senate.

    Sec. 4. Minnesota Statutes 2012, section 116P.05, subdivision 2, is amended to read:
    Subd. 2. Duties. (a) The commission shall recommend an annual or biennial
legislative bill for appropriations from the environment and natural resources trust fund and
shall adopt a strategic plan as provided in section 116P.08. Approval of the recommended
legislative bill requires an affirmative vote of at least 12 members of the commission.
(b) It is a condition of acceptance of the appropriations made from the Minnesota
environment and natural resources trust fund, and oil overcharge money under section
4.071, subdivision 2, that the agency or entity receiving the appropriation must submit
a work program plan and semiannual progress reports in the form determined by the
Legislative-Citizen Commission on Minnesota Resources, and comply with applicable
reporting requirements under section 116P.16. None of the money provided may be spent
unless the commission has approved the pertinent work program plan. Modifications to
the approved work plan and budget expenditures shall be made through the amendment
process established by the commission.
(c) The peer review panel created under section 116P.08 must also review, comment,
and report to the commission on research proposals applying for an appropriation from the
oil overcharge money under section 4.071, subdivision 2.
(d) The commission may adopt operating procedures to fulfill its duties under this
chapter.
(e) As part of the operating procedures, the commission shall:
(1) ensure that members' expectations are to participate in all meetings related to
funding decision recommendations;
(2) recommend adequate funding for increased citizen outreach and communications
for trust fund expenditure planning;
(3) allow administrative expenses as part of individual project expenditures based
on need;
(4) provide for project outcome evaluation;
(5) keep the grant application, administration, and review process as simple as
possible; and
(6) define and emphasize the leveraging of additional sources of money that project
proposers should consider when making trust fund proposals.

    Sec. 5. Minnesota Statutes 2012, section 116P.09, subdivision 2, is amended to read:
    Subd. 2. Liaison officers. The commission shall may request each department or
agency head of all state agencies with a direct interest and responsibility in any phase of
environment and natural resources to appoint, and the latter shall appoint for the agency, a
liaison officer who shall work closely with the commission and its staff.

    Sec. 6. Minnesota Statutes 2012, section 116P.15, is amended to read:
116P.15 LAND ACQUISITION RESTRICTIONS.
    Subdivision 1. Scope. A recipient of an appropriation from the trust fund or the
Minnesota future resources fund who acquires an interest in real property with the
appropriation must comply with this section. If the recipient fails to comply with the
terms of this section, ownership of the interest in real property transfers to the state. For
the purposes of this section, "interest in real property" includes, but is not limited to, an
easement or fee title to property.
    Subd. 2. Restrictions; modification procedure. (a) An interest in real property
acquired with an appropriation from the trust fund or the Minnesota future resources fund
must be used in perpetuity or for the specific term of an easement interest for the purpose
for which the appropriation was made. The ownership of the interest in real property
transfers to the state if: (1) the holder of the interest in real property fails to comply with
the terms and conditions of the grant agreement or work plan; or (2) restrictions are placed
on the land that preclude its use for the intended purpose as specified in the appropriation.
(b) A recipient of funding who acquires an interest in real property subject to this
section may not alter the intended use of the interest in real property or convey any interest
in the real property acquired with the appropriation without the prior review and approval
of the commission or its successor. The commission shall notify the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over the
trust fund or Minnesota future resources fund at least 15 business days before approval
under this paragraph. The commission shall establish procedures to review requests from
recipients to alter the use of or convey an interest in real property. These procedures shall
allow for the replacement of the interest in real property with another interest in real
property meeting the following criteria:
(1) the interest is must be at least equal in fair market value, as certified by the
commissioner of natural resources, to the interest being replaced; and
(2) the interest is must be in a reasonably equivalent location, and has have a
reasonably equivalent usefulness useful conservation purpose compared to the interest
being replaced, taking into consideration all effects from fragmentation of the whole habitat.
(c) A recipient of funding who acquires an interest in real property under paragraph
(a) must separately record a notice of funding restrictions in the appropriate local
government office where the conveyance of the interest in real property is filed. The
notice of funding agreement must contain:
(1) a legal description of the interest in real property covered by the funding
agreement;
(2) a reference to the underlying funding agreement;
(3) a reference to this section; and
(4) the following statement:
"This interest in real property shall be administered in accordance with the terms,
conditions, and purposes of the grant agreement or work program controlling the
acquisition of the property. The interest in real property, or any portion of the interest in
real property, shall not be sold, transferred, pledged, or otherwise disposed of or further
encumbered without obtaining the prior written approval of the Legislative-Citizen
Commission on Minnesota Resources or its successor. The ownership of the interest in
real property transfers to the state if: (1) the holder of the interest in real property fails to
comply with the terms and conditions of the grant agreement or work program, ownership
of the interest in real property shall transfer to this state plan; or (2) restrictions are placed
on the land that preclude its use for the intended purpose as specified in the appropriation."

    Sec. 7. Minnesota Statutes 2012, section 116P.16, is amended to read:
116P.16 REAL PROPERTY INTEREST REPORT.
By December 1 each year, a recipient of an appropriation from the trust fund, that is
used for the acquisition of an interest in real property, including, but not limited to, an
easement or fee title, must submit annual reports on the status of the real property to
the Legislative-Citizen Commission on Minnesota Resources or its successor in a form
determined by the commission. The responsibility for reporting under this section may be
transferred by the recipient of the appropriation to another person who holds the interest
in the real property. To complete the transfer of reporting responsibility, the recipient of
the appropriation must:
(1) inform the person to whom the responsibility is transferred of that person's
reporting responsibility;
(2) inform the person to whom the responsibility is transferred of the property
restrictions under section 116P.15; and
(3) provide written notice to the commission of the transfer of reporting responsibility,
including contact information for the person to whom the responsibility is transferred.
After the transfer, the person who holds the interest in the real property is responsible for
reporting requirements under this section.

    Sec. 8. [116P.18] LANDS IN PUBLIC DOMAIN.
Money appropriated from the trust fund must not be used to purchase any land in
fee title or a permanent conservation easement if the land in question is fully or partially
owned by the state or a political subdivision of the state or was acquired fully or partially
with state money, unless:
(1) the purchase creates additional direct benefit to the protection, conservation,
preservation, and enhancement of the state's air, water, land, fish, wildlife, and other
natural resources; and
(2) the purchase is approved by an affirmative vote of at least 12 members of the
commission.

    Sec. 9. TRANSFERS; TRANSITION.
(a) Powers, duties, responsibilities, personnel, and assets relating to functions
assigned to the commissioner of natural resources in Laws 2011, First Special Session
chapter 2, article 3, section 2, subdivision 10, paragraph (b), are transferred to the
commissioner of administration.
(b) Minnesota Statutes, section 15.039, applies to transfers in this section. Executive
branch officials may use authority under Minnesota Statutes, section 16B.37, as necessary
to implement this section.
(c) The commissioner of natural resources must cooperate and comply with the
commissioner of administration in the transfer of functions and other implementation
of this section.