Bill Text: MN SF1632 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Outdoor heritage fund appropriations and provisions modifications
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-02-09 - Comm report: To pass as amended and re-refer to Finance [SF1632 Detail]
Download: Minnesota-2011-SF1632-Introduced.html
Bill Title: Outdoor heritage fund appropriations and provisions modifications
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-02-09 - Comm report: To pass as amended and re-refer to Finance [SF1632 Detail]
Download: Minnesota-2011-SF1632-Introduced.html
1.2relating to natural resources; appropriating money from the outdoor heritage
1.3fund; modifying requirements for outdoor heritage fund appropriations;
1.4amending Minnesota Statutes 2010, section 97A.056, by adding subdivisions.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7The sums shown in the columns marked "Appropriations" are appropriated to the
1.8agencies and for the purposes specified in this act. The appropriations are from the outdoor
1.9heritage fund and are available for the fiscal years indicated for each purpose. The figures
1.10"2012" and "2013" used in this act means that the appropriations listed under the figure are
1.11available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The
1.12first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" is
1.13fiscal years 2012 and 2013. The appropriations in this act are onetime.
1.20This appropriation is from the outdoor
1.21heritage fund. The amounts that may be
1.22spent for each purpose are specified in the
1.23following subdivisions.
2.3$2,090,000 in the second year is to the
2.4Board of Water and Soil Resources in
2.5cooperation with Pheasants Forever to
2.6acquire permanent conservation easements
2.7to enhance habitat by expanding clean water
2.8fund riparian wildlife buffers on private land.
2.9A list of proposed permanent conservation
2.10easements must be provided as part of the
2.11final report. The accomplishment plan must
2.12include an easement stewardship plan. Up
2.13to $90,000 is for establishing a monitoring
2.14and enforcement fund as approved in
2.15the accomplishment plan and subject to
2.16Minnesota Statutes, section97A.056 ,
2.17subdivision 17. An annual financial report is
2.18required for any monitoring and enforcement
2.19fund established, including expenditures
2.20from the fund and a description of annual
2.21monitoring and enforcement activities.
2.24$4,610,000 in the second year is to the
2.25commissioner of natural resources for an
2.26agreement with The Nature Conservancy to
2.27acquire native prairie and savanna and restore
2.28and enhance grasslands and savanna. A list of
2.29proposed land acquisitions must be provided
2.30as part of the required accomplishment plan.
2.31Annual income statements and balance sheets
2.32for income and expenses from land acquired
2.33with this appropriation must be submitted to
2.34the Lessard-Sams Outdoor Heritage Council
2.35no later than 180 days following the close of
2.36The Nature Conservancy's fiscal year.
3.3$1,760,000 in the second year is to the
3.4commissioner of natural resources for an
3.5agreement with The Trust for Public Land
3.6to acquire and restore lands in the Cannon
3.7River watershed for wildlife management
3.8area purposes under Minnesota Statutes,
3.9section86A.05 , subdivision 8, or aquatic
3.10management area purposes under Minnesota
3.11Statutes, sections86A.05 , subdivision
3.1214, and97C.02 . A list of proposed land
3.13acquisitions must be provided as part of the
3.14required accomplishment plan.
3.16$2,900,000 in the second year is to the
3.17commissioner of natural resources to acquire
3.18land in fee for wildlife management area
3.19purposes under Minnesota Statutes, section
3.2086A.05 , subdivision 8. A list of proposed
3.21land acquisitions must be provided as part of
3.22the required accomplishment plan.
3.25$1,580,000 in the second year is to the
3.26commissioner of natural resources for an
3.27agreement with The Nature Conservancy
3.28in cooperation with the United States Fish
3.29and Wildlife Service to acquire land in
3.30fee or permanent conservation easements
3.31within the Northern Tallgrass Prairie Habitat
3.32Preservation Area in western Minnesota for
3.33addition to the Northern Tallgrass Prairie
3.34National Wildlife Refuge. A list of proposed
3.35land acquisitions must be provided as part
4.1of the required accomplishment plan. The
4.2accomplishment plan must include an
4.3easement monitoring and enforcement plan.
4.6$3,300,000 in the second year is to the
4.7commissioner of natural resources for an
4.8agreement with Pheasants Forever to acquire
4.9land in fee for wildlife management area
4.10purposes under Minnesota Statutes, section
4.1186A.05 , subdivision 8. A list of proposed
4.12land acquisitions must be provided as part of
4.13the required accomplishment plan.
4.15$1,730,000 in the second year is to the
4.16commissioner of natural resources for
4.17an agreement with the Redwood Area
4.18Development Corporation to acquire land in
4.19fee for wildlife management area purposes
4.20under Minnesota Statutes, section86A.05 ,
4.21subdivision 8, and for aquatic management
4.22areas under Minnesota Statutes, sections
4.2386A.05 , subdivision 14, and
97C.02 . A list of
4.24proposed land acquisitions must be provided
4.25as part of the required accomplishment plan.
4.28$4,300,000 in the second year is to the
4.29commissioner of natural resources to
4.30accelerate the restoration and enhancement
4.31of wildlife management areas, scientific
4.32and natural areas, and land under native
4.33prairie bank easements. A list of proposed
4.34restorations and enhancements must
5.1be provided as part of the required
5.2accomplishment plan.
5.5$1,050,000 in the second year is to the
5.6commissioner of natural resources for
5.7agreements to restore and enhance habitat on
5.8public lands in the Anoka Sand Plain and
5.9along the Rum River as follows: $558,750 to
5.10Great River Greening; $99,400 to the Anoka
5.11Conservation District; and $391,850 to the
5.12National Wild Turkey Federation. A list
5.13of proposed restorations and enhancements
5.14must be provided as part of the required
5.15accomplishment plan.
5.17$1,320,000 in the second year is to the
5.18commissioner of natural resources for
5.19an agreement with Pheasants Forever in
5.20cooperation with the Minnesota Prairie
5.21Chicken Society to restore and enhance
5.22habitat on public lands. The criteria for
5.23selection of projects must be included in the
5.24accomplishment plan. A list of proposed
5.25restorations and enhancements must be
5.26provided as part of the final report.
5.30$480,000 in the second year is to the
5.31Board of Water and Soil Resources to
5.32acquire permanent conservation easements
5.33on land adjacent to the Nokasippi River
5.34and the boundaries of the Minnesota
5.35National Guard Army compatible use buffer
6.1(ACUB). A list of proposed land acquisitions
6.2must be provided as part of the required
6.3accomplishment plan. The accomplishment
6.4plan must include an easement stewardship
6.5plan. Up to $4,800 is for establishing
6.6a monitoring and enforcement fund as
6.7approved in the accomplishment plan and
6.8subject to Minnesota Statutes, section
6.997A.056 , subdivision 17. An annual financial
6.10report is required for any monitoring and
6.11enforcement fund established, including
6.12expenditures from the fund and a description
6.13of annual monitoring and enforcement
6.14activities.
6.17$14,040,000 in the second year is to the
6.18commissioner of natural resources for an
6.19agreement with Crow Wing County to
6.20acquire land in fee along the Mississippi
6.21River in Crow Wing County to be added
6.22to the county forest system. The purchase
6.23price must not exceed the appraised fair
6.24market value of the property as reviewed
6.25and approved under established procedures
6.26in compliance with the Uniform Standards
6.27of Professional Appraisal Practice and
6.28the Department of Natural Resources'
6.29Supplemental Appraisal and Appraisal
6.30Review Guidelines (effective July 15, 2009).
6.31A land description must be provided as
6.32part of the required accomplishment plan.
6.33Development of a state trail on land acquired
6.34under this paragraph constitutes an alteration
6.35of the intended use of the interest in real
6.36property and must be handled according
7.1to Minnesota Statutes, section97A.056 ,
7.2subdivision 15. Any plan, including trail
7.3alignment, for the development of a state
7.4trail must be submitted to the Lessard-Sams
7.5Outdoor Heritage Council for approval. No
7.6state trail development or state trail use is
7.7allowed unless it is specified in the plan
7.8for trail use and alignment approved by the
7.9Lessard-Sams Outdoor Heritage Council.
7.12$1,340,000 in the second year is to the
7.13commissioner of natural resources for
7.14an agreement with Pheasants Forever in
7.15cooperation with the Minnesota Sharp-Tailed
7.16Grouse Society to acquire and enhance
7.17lands for wildlife management area purposes
7.18under Minnesota Statutes, section86A.05 ,
7.19subdivision 8. A list of proposed land
7.20acquisitions must be provided as part of the
7.21required accomplishment plan.
7.24$480,000 in the second year is to the
7.25commissioner of natural resources for an
7.26agreement with Cass County to acquire land
7.27in fee in Cass County for forest wildlife
7.28habitat. A list of proposed land acquisitions
7.29must be provided as part of the required
7.30accomplishment plan.
7.32$960,000 in the second year is to the
7.33commissioner of natural resources for an
7.34agreement with the Minnesota Deer Hunters
7.35Association to restore and enhance public
8.1forest lands in northeastern Minnesota
8.2for moose habitat purposes. A list of
8.3proposed restorations and enhancements
8.4must be provided as part of the required
8.5accomplishment plan.
8.9$13,810,000 in the second year is to the
8.10Board of Water and Soil Resources to
8.11acquire permanent conservation easements
8.12and restore wetlands and associated upland
8.13habitat in cooperation with the United
8.14States Department of Agriculture Wetlands
8.15Reserve Program. A list of land acquisitions
8.16must be provided as part of the final report.
8.17The accomplishment plan must include
8.18an easement stewardship plan. Up to
8.19$180,000 is for establishing a monitoring
8.20and enforcement fund as approved in
8.21the accomplishment plan and subject to
8.22Minnesota Statutes, section97A.056 ,
8.23subdivision 17. An annual financial report is
8.24required for any monitoring and enforcement
8.25fund established, including expenditures
8.26from the fund and a description of annual
8.27monitoring and enforcement activities.
8.30$5,400,000 in the second year is to the
8.31commissioner of natural resources for an
8.32agreement with Pheasants Forever to acquire
8.33land in fee to be managed and designated as
8.34waterfowl production areas in Minnesota,
8.35in cooperation with the United States Fish
8.36and Wildlife Service. A list of proposed land
9.1acquisitions must be provided as part of the
9.2required accomplishment plan.
9.4$940,000 in the second year is to the
9.5commissioner of natural resources for an
9.6agreement with Anoka County to acquire
9.7land in fee for conservation purposes that
9.8connect wetlands and shallow lakes to
9.9the Lamprey Pass Wildlife Management
9.10Area. A list of proposed land acquisitions
9.11must be provided as part of the required
9.12accomplishment plan.
9.15$4,490,000 in the second year is to the
9.16commissioner of natural resources for an
9.17agreement with Ducks Unlimited to assess,
9.18restore, and enhance shallow lakes and
9.19wetlands, including technical assistance,
9.20survey, design, and engineering to develop
9.21new enhancement and restoration projects
9.22for future implementation. A list of
9.23proposed restorations and enhancements
9.24must be provided as part of the required
9.25accomplishment plan.
9.28$3,870,000 in the second year is to the
9.29commissioner of natural resources to
9.30develop engineering designs and complete
9.31construction to enhance shallow lakes and
9.32wetlands. A list of proposed restorations and
9.33enhancements must be provided as part of
9.34the required accomplishment plan. Work
10.1must be completed within three years of the
10.2effective date of this act.
10.4$2,630,000 in the second year is to the
10.5commissioner of natural resources to
10.6complete design and construction to modify
10.7the dam at Marsh Lake and return the historic
10.8outlet of the Pomme de Terre River to Lac
10.9Qui Parle.
10.12 $3,480,000 in the second year is to the
10.13commissioner of natural resources to
10.14acquire interests in land in fee or permanent
10.15conservation easements for aquatic
10.16management areas under Minnesota Statutes,
10.17sections86A.05 , subdivision 14, and
10.1897C.02 , and to restore and enhance aquatic
10.19habitat. A list of proposed land acquisitions
10.20must be provided as part of the required
10.21accomplishment plan. The accomplishment
10.22plan must include an easement stewardship
10.23plan. Up to $25,000 is for establishing
10.24a monitoring and enforcement fund as
10.25approved in the accomplishment plan and
10.26subject to Minnesota Statutes, section
10.2797A.056 , subdivision 17. An annual financial
10.28report is required for any monitoring and
10.29enforcement fund established, including
10.30expenditures from the fund and a description
10.31of annual monitoring and enforcement
10.32activities.
11.1$3,680,000 in the second year is to the
11.2commissioner of natural resources for
11.3agreements to acquire interests in land in
11.4fee or permanent conservation easements
11.5and to restore and enhance natural systems
11.6associated with the Mississippi, Minnesota,
11.7and St. Croix Rivers as follows: $1,000,000
11.8to the Minnesota Valley National Wildlife
11.9Refuge Trust, Inc.; $375,000 to the Friends
11.10of the Mississippi; $375,000 to Great River
11.11Greening; $930,000 to The Minnesota
11.12Land Trust; and $1,000,000 to The Trust
11.13for Public Land. A list of proposed
11.14acquisitions, restorations, and enhancements
11.15must be provided as part of the required
11.16accomplishment plan. The accomplishment
11.17plan must include an easement stewardship
11.18plan. Up to $51,000 is for establishing
11.19a monitoring and enforcement fund as
11.20approved in the accomplishment plan and
11.21subject to Minnesota Statutes, section
11.2297A.056 , subdivision 17. An annual financial
11.23report is required for any monitoring and
11.24enforcement fund established, including
11.25expenditures from the fund and a description
11.26of annual monitoring and enforcement
11.27activities.
11.30$480,000 in the second year is to the
11.31commissioner of natural resources for an
11.32agreement with Dakota County to acquire
11.33permanent conservation easements and
11.34restore and enhance habitats along the
11.35Mississippi, Cannon, and Vermillion Rivers.
11.36A list of proposed acquisitions, restorations,
12.1and enhancements must be provided as
12.2part of the required accomplishment plan.
12.3The accomplishment plan must include
12.4an easement stewardship plan. Up to
12.5$20,000 is for establishing a monitoring
12.6and enforcement fund as approved in
12.7the accomplishment plan and subject to
12.8Minnesota Statutes, section97A.056 ,
12.9subdivision 17. An annual financial report is
12.10required for any monitoring and enforcement
12.11fund established, including expenditures
12.12from the fund and a description of annual
12.13monitoring and enforcement activities.
12.15$3,670,000 in the second year is to the
12.16commissioner of natural resources to restore
12.17habitat in the lower St. Louis River estuary.
12.18A list of proposed projects must be provided
12.19as part of the required accomplishment plan.
12.22$2,120,000 in the second year is to the
12.23commissioner of natural resources for an
12.24agreement with Minnesota Trout Unlimited
12.25to restore and enhance coldwater fish river
12.26and stream habitats in Minnesota. A list
12.27of proposed restorations and enhancements
12.28must be provided as part of the required
12.29accomplishment plan.
12.31$2,320,000 in the second year is to the
12.32commissioner of natural resources for an
12.33agreement with the Red Lake Watershed
12.34District to restore and enhance stream and
12.35related habitat in Grand Marais Creek. A list
13.1of proposed restorations and enhancements
13.2must be provided as part of the required
13.3accomplishment plan.
13.5$380,000 in the second year is to the
13.6commissioner of natural resources for an
13.7agreement with the Lake Superior Steelhead
13.8Association to restore trout habitat in the
13.9Upper Knife River Watershed. A list of
13.10proposed restorations must be provided as
13.11part of the required accomplishment plan.
13.13$3,000,000 in the second year is to the
13.14commissioner of natural resources to
13.15control Asian carp to protect Minnesota's
13.16aquatic habitat. Use of this money requires
13.17a one-to-one match for projects on state
13.18boundary waters.
13.21$4,990,000 in the second year is to the
13.22commissioner of natural resources for a
13.23program to provide competitive, matching
13.24grants of up to $400,000 to local, regional,
13.25state, and national organizations for
13.26enhancing, restoring, or protecting forests,
13.27wetlands, prairies, and habitat for fish, game,
13.28or wildlife in Minnesota. Grants shall not
13.29be made for activities required to fulfill
13.30the duties of owners of lands subject to
13.31conservation easements. Grants shall not be
13.32made from appropriations in this paragraph
13.33for projects that have a total project cost
13.34exceeding $575,000. $366,000 of this
13.35appropriation may be spent for personnel
14.1costs and other direct and necessary
14.2administrative costs. Grantees may acquire
14.3land or interests in land. Easements must be
14.4permanent. Land acquired in fee must be
14.5open to hunting and fishing during the open
14.6season unless otherwise provided by state
14.7law. The program shall require a match of
14.8at least ten percent from nonstate sources
14.9for all grants. The match may be cash or
14.10in-kind resources. For grant applications
14.11of $25,000 or less, the commissioner shall
14.12provide a separate, simplified application
14.13process. Subject to Minnesota Statutes, the
14.14commissioner of natural resources shall,
14.15when evaluating projects of equal value,
14.16give priority to organizations that have a
14.17history of receiving or charter to receive
14.18private contributions for local conservation
14.19or habitat projects. If acquiring land or a
14.20conservation easement, priority shall be
14.21given to projects associated with existing
14.22wildlife management areas under Minnesota
14.23Statutes, section86A.05 , subdivision 8;
14.24scientific and natural areas under Minnesota
14.25Statutes, sections84.033 and 86A.05,
14.26subdivision 5; and aquatic management areas
14.27under Minnesota Statutes, sections86A.05 ,
14.28subdivision 14, and97C.02 . All restoration
14.29or enhancement projects must be on land
14.30permanently protected by a conservation
14.31easement or public ownership or in public
14.32waters as defined in Minnesota Statutes,
14.33section103G.005 , subdivision 15. Priority
14.34shall be given to restoration and enhancement
14.35projects on public lands. Minnesota Statutes,
14.36section97A.056 , subdivision 12, applies
15.1to grants awarded under this paragraph.
15.2This appropriation is available until June
15.330, 2016. No less than five percent of the
15.4amount of each grant must be held back from
15.5reimbursement until the grant recipient has
15.6completed a grant accomplishment report by
15.7the deadline and in the form prescribed by
15.8and satisfactory to the Lessard-Sams Outdoor
15.9Heritage Council. The commissioner shall
15.10provide notice of the grant program in
15.11the game and fish law summaries that are
15.12prepared under Minnesota Statutes, section
15.1397A.051 , subdivision 2.
15.16$175,000 in the second year is to the
15.17commissioner of natural resources for
15.18contract management duties assigned in this
15.19section. The commissioner shall provide a
15.20work program in the form specified by the
15.21Lessard-Sams Outdoor Heritage Council
15.22on the expenditure of this appropriation.
15.23No money may be expended prior to
15.24Lessard-Sams Outdoor Heritage Council
15.25approval of the work program.
15.27$45,000 in the second year is to the
15.28commissioner of natural resources for a
15.29technical evaluation panel to conduct up to
15.30ten restoration evaluations under Minnesota
15.31Statutes, section97A.056 , subdivision 10.
15.33Money appropriated in this section may
15.34not be spent on activities unless they are
16.1directly related to and necessary for a
16.2specific appropriation and are specified in
16.3the accomplishment plan approved by the
16.4Lessard-Sams Outdoor Heritage Council.
16.5Money appropriated in this section must not
16.6be spent on indirect costs or other institutional
16.7overhead charges that are not directly related
16.8to and necessary for a specific appropriation.
16.9Unless otherwise provided, the amounts
16.10in this section are available until June 30,
16.112015, when projects must be completed and
16.12final accomplishments reported. Funds for
16.13restoration or enhancement are available
16.14until June 30, 2017, or four years after
16.15acquisition, whichever is later, in order to
16.16complete initial restoration or enhancement
16.17work. If a project receives federal funds, the
16.18time period of the appropriation is extended
16.19to equal the availability of federal funding.
16.20Funds appropriated for fee title acquisition
16.21of land may be used to restore, enhance, and
16.22provide for public use of the land acquired
16.23with the appropriation. Public use facilities
16.24must have a minimal impact on habitat in
16.25acquired lands.
16.28All agreements referred to in this section must
16.29be administered on a reimbursement basis
16.30unless otherwise provided in this section.
16.31Notwithstanding Minnesota Statutes, section
16.3216A.41 , expenditures directly related to each
16.33appropriation's purpose made on or after July
16.341, 2012, or the date of accomplishment plan
16.35approval, whichever is later, are eligible for
16.36reimbursement unless otherwise provided in
17.1this section. Periodic reimbursement must
17.2be made upon receiving documentation that
17.3the items articulated in the accomplishment
17.4plan approved by the Lessard-Sams Outdoor
17.5Heritage Council have been achieved,
17.6including partial achievements as evidenced
17.7by progress reports approved by the
17.8Lessard-Sams Outdoor Heritage Council.
17.9Reasonable amounts may be advanced to
17.10projects to accommodate cash flow needs,
17.11support future management of acquired
17.12lands, or match a federal share. The
17.13advances must be approved as part of the
17.14accomplishment plan. Capital equipment
17.15expenditures for specific items in excess of
17.16$10,000 must be itemized in and approved as
17.17part of the accomplishment plan.
17.18 Sec. 3. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
17.19to read:
17.20 Subd. 12. Accomplishment plans. It is a condition of acceptance of money
17.21appropriated from the outdoor heritage fund that the agency or entity using the
17.22appropriation submits an accomplishment plan and periodic accomplishment reports to
17.23the Lessard-Sams Outdoor Heritage Council in the form determined by the council. The
17.24accomplishment plan must identify the project manager responsible for expending the
17.25appropriation and the final product. The accomplishment plan must account for the use
17.26of the appropriation and outcomes of the expenditure in measures of wetlands, prairies,
17.27forests, and fish, game, and wildlife habitat restored, protected, and enhanced. The plan
17.28must include an evaluation of results. No money appropriated from the outdoor heritage
17.29fund may be expended unless the council has approved the pertinent accomplishment plan.
17.30 Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
17.31to read:
17.32 Subd. 13. Project requirements. (a) As a condition of accepting money
17.33appropriated from the outdoor heritage fund, an agency or entity receiving money from
18.1an appropriation must comply with this subdivision for any project funded in whole or
18.2in part with funds from the appropriation.
18.3(b) All conservation easements acquired with money appropriated from the outdoor
18.4heritage fund must:
18.5(1) be permanent;
18.6(2) specify the parties to the easement;
18.7(3) specify all of the provisions of an agreement that are permanent;
18.8(4) specify the habitat types and location being protected;
18.9(5) where appropriate for conservation or water protection outcomes, require the
18.10grantor to employ practices retaining water on the eased land as long as practicable;
18.11(6) specify the responsibilities of the parties for habitat enhancement and restoration
18.12and the associated costs of these activities;
18.13(7) be sent to the office of the Lessard-Sams Outdoor Heritage Council;
18.14(8) include a long-term stewardship plan and identify the sources and amount of
18.15funding for monitoring and enforcing the easement agreement; and
18.16(9) identify the parties responsible for monitoring and enforcing the easement
18.17agreement.
18.18(c) For all restorations, a recipient must prepare and retain an ecological restoration
18.19and management plan that, to the degree practicable, is consistent with current
18.20conservation science and ecological goals for the restoration site. Consideration should
18.21be given to soil, geology, topography, and other relevant factors that would provide the
18.22best chance for long-term success and durability of the restoration. The plan must include
18.23the proposed timetable for implementing the restoration, including, but not limited to,
18.24site preparation, establishment of diverse plant species, maintenance, and additional
18.25enhancement to establish the restoration; identify long-term maintenance and management
18.26needs of the restoration and how the maintenance, management, and enhancement will be
18.27financed; and use current conservation science to achieve the best restoration.
18.28(d) For new lands acquired, a recipient must prepare a restoration and management
18.29plan in compliance with paragraph (c), including identification of sufficient funding for
18.30implementation.
18.31(e) To ensure public accountability for the use of public funds, a recipient must
18.32provide to the Lessard-Sams Outdoor Heritage Council documentation of the process used
18.33to select parcels acquired in fee or as permanent conservation easements and must provide
18.34the council with documentation of all related transaction costs, including, but not limited
18.35to, appraisals, legal fees, recording fees, commissions, other similar costs, and donations.
18.36This information must be provided for all parties involved in the transaction. The recipient
19.1must also report to the Lessard-Sams Outdoor Heritage Council any difference between
19.2the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal,
19.3if a state-certified or state-reviewed appraisal was conducted. Acquisition data such as
19.4appraisals may remain private during negotiations but must ultimately be made public
19.5according to chapter 13.
19.6(f) Except as otherwise provided in the appropriation, all restoration and
19.7enhancement projects funded with money appropriated from the outdoor heritage fund
19.8must be on land permanently protected by a conservation easement or public ownership or
19.9in public waters as defined in section103G.005 , subdivision 15.
19.10(g) To the extent an appropriation is used to acquire an interest in real property,
19.11a recipient of an appropriation from the outdoor heritage fund must provide to the
19.12Lessard-Sams Outdoor Heritage Council and the commissioner of management and
19.13budget an analysis of increased operation and maintenance costs likely to be incurred by
19.14public entities as a result of the acquisition and of how the costs are to be paid.
19.15(h) A recipient of money appropriated from the outdoor heritage fund must give
19.16consideration to and make timely written contact with Conservation Corps Minnesota for
19.17possible use of the corps' services to contract for restoration and enhancement services.
19.18A copy of the written contact must be filed with the Lessard-Sams Outdoor Heritage
19.19Council within 15 days of execution.
19.20(i) A recipient of money appropriated from the outdoor heritage fund must erect
19.21signage according to Laws 2009, chapter 172, article 5, section 10.
19.22 Sec. 5. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
19.23to read:
19.24 Subd. 14. Purchase of recycled and recyclable materials. A political subdivision,
19.25public or private corporation, or other entity that receives money appropriated from the
19.26outdoor heritage fund must use the money in compliance with sections16B.121 , regarding
19.27purchase of recycled, repairable, and durable materials, and16B.122 , regarding purchase
19.28and use of paper stock and printing.
19.29 Sec. 6. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
19.30to read:
19.31 Subd. 15. Land acquisition restrictions. (a) An interest in real property, including,
19.32but not limited to, an easement or fee title, that is acquired with money appropriated
19.33from the outdoor heritage fund must be used in perpetuity or for the specific term of an
19.34easement interest for the purpose for which the appropriation was made. The ownership
20.1of the interest in real property transfers to the state if: (1) the holder of the interest in
20.2real property fails to comply with the terms and conditions of the grant agreement or
20.3accomplishment plan; or (2) restrictions are placed on the land that preclude its use for the
20.4intended purpose as specified in the appropriation.
20.5(b) A recipient of funding that acquires an interest in real property subject to this
20.6subdivision may not alter the intended use of the interest in real property or convey any
20.7interest in the real property acquired with the appropriation without the prior review and
20.8approval of the Lessard-Sams Outdoor Heritage Council or its successor. The council
20.9shall notify the chairs and ranking minority members of the legislative committees and
20.10divisions with jurisdiction over the outdoor heritage fund at least 15 business days before
20.11approval under this paragraph. The council shall establish procedures to review requests
20.12from recipients to alter the use of or convey an interest in real property. These procedures
20.13shall allow for the replacement of the interest in real property with another interest in real
20.14property meeting the following criteria:
20.15(1) the interest must be at least equal in fair market value, as certified by the
20.16commissioner of natural resources, to the interest being replaced; and
20.17(2) the interest must be in a reasonably equivalent location and have a reasonably
20.18equivalent useful conservation purpose compared to the interest being replaced, taking
20.19into consideration all effects from fragmentation of the whole habitat.
20.20(c) A recipient of funding who acquires an interest in real property under paragraph
20.21(a) must separately record a notice of funding restrictions in the appropriate local
20.22government office where the conveyance of the interest in real property is filed. The
20.23notice of funding agreement must contain:
20.24(1) a legal description of the interest in real property covered by the funding
20.25agreement;
20.26(2) a reference to the underlying funding agreement;
20.27(3) a reference to this section; and
20.28(4) the following statement: "This interest in real property shall be administered in
20.29accordance with the terms, conditions, and purposes of the grant agreement controlling the
20.30acquisition of the property. The interest in real property, or any portion of the interest in
20.31real property, shall not be sold, transferred, pledged, or otherwise disposed of or further
20.32encumbered without obtaining the prior written approval of the Lessard-Sams Outdoor
20.33Heritage Council or its successor. The ownership of the interest in real property transfers to
20.34the state if: (1) the holder of the interest in real property fails to comply with the terms and
20.35conditions of the grant agreement or accomplishment plan; or (2) restrictions are placed
20.36on the land that preclude its use for the intended purpose as specified in the appropriation."
21.1 Sec. 7. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
21.2to read:
21.3 Subd. 16. Real property interest report. (a) By December 1 each year, a recipient
21.4of money appropriated from the outdoor heritage fund that is used for the acquisition of an
21.5interest in real property, including, but not limited to, an easement or fee title, must submit
21.6annual reports on the status of the real property to the Lessard-Sams Outdoor Heritage
21.7Council or its successor in a form determined by the council. The responsibility for
21.8reporting under this subdivision may be transferred by the recipient of the appropriation
21.9to another person or entity that holds the interest in the real property. To complete the
21.10transfer of reporting responsibility, the recipient of the appropriation must:
21.11(1) inform the person to whom the responsibility is transferred of that person's
21.12reporting responsibility;
21.13(2) inform the person to whom the responsibility is transferred of the property
21.14restrictions under subdivision 15; and
21.15(3) provide written notice to the council of the transfer of reporting responsibility,
21.16including contact information for the person to whom the responsibility is transferred.
21.17(b) After the transfer, the person or entity that holds the interest in the real property
21.18is responsible for reporting requirements under this subdivision.
21.19 Sec. 8. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
21.20to read:
21.21 Subd. 17. Easement monitoring and enforcement requirements. Money
21.22appropriated from the outdoor heritage fund for easement monitoring and enforcement
21.23may be spent only on activities included in an easement monitoring and enforcement
21.24plan contained within the accomplishment plan. Money received for monitoring and
21.25enforcement, including earnings on the money received, shall be kept in a monitoring
21.26and enforcement fund held by the organization and is appropriated for monitoring and
21.27enforcing conservation easements in the state. Within 120 days after the close of the
21.28entity's fiscal year, an entity receiving appropriations for easement monitoring and
21.29enforcement must provide an annual financial report to the Lessard-Sams Outdoor
21.30Heritage Council on the easement monitoring and enforcement fund as specified in the
21.31accomplishment plan. Money appropriated from the outdoor heritage fund for monitoring
21.32and enforcement of easements and earnings on the money appropriated shall revert
21.33to the state if:
21.34(1) the easement transfers to the state under subdivision 15;
22.1(2) the holder of the easement fails to file an annual report and then fails to cure that
22.2default within 30 days of notification of the default by the state; or
22.3(3) the holder of the easement fails to comply with the terms of the monitoring and
22.4enforcement plan contained within the accomplishment plan and fails to cure that default
22.5within 90 days of notification of the default by the state.
22.6 Sec. 9. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
22.7to read:
22.8 Subd. 18. Successor organizations. The Lessard-Sams Outdoor Heritage Council
22.9may approve the continuation of a project with an organization that has adopted a new
22.10name. Continuation of a project with an organization that has undergone a significant
22.11change in mission, structure, or purpose requires:
22.12(1) notice to the chairs of the legislative committees and divisions with jurisdiction
22.13over the outdoor heritage fund; and
22.14(2) presentation by the council of proposed legislation either ratifying or rejecting
22.15continued involvement with the new organization.
1.3fund; modifying requirements for outdoor heritage fund appropriations;
1.4amending Minnesota Statutes 2010, section 97A.056, by adding subdivisions.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.6 |
Section 1.OUTDOOR HERITAGE APPROPRIATION. |
||||||
1.8agencies and for the purposes specified in this act. The appropriations are from the outdoor
1.9heritage fund and are available for the fiscal years indicated for each purpose. The figures
1.10"2012" and "2013" used in this act means that the appropriations listed under the figure are
1.11available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The
1.12first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" is
1.13fiscal years 2012 and 2013. The appropriations in this act are onetime.
| 1.14 |
APPROPRIATIONS |
||||||
| 1.15 |
Available for the Year |
||||||
| 1.16 |
Ending June 30 |
||||||
| 1.17 |
2012 |
2013 |
|||||
| 1.18 |
Sec. 2. OUTDOOR HERITAGE |
||||||
| 1.19 |
Subdivision 1.Total Appropriation |
$ |
-0- |
$ |
97,420,000 |
||
1.21heritage fund. The amounts that may be
1.22spent for each purpose are specified in the
1.23following subdivisions.
| 1.24 |
Subd. 2.Prairies |
-0- |
24,640,000 |
||||
| 2.1 2.2 |
(a) Minnesota Buffers for Wildlife and Water - Phase II |
||||||
2.4Board of Water and Soil Resources in
2.5cooperation with Pheasants Forever to
2.6acquire permanent conservation easements
2.7to enhance habitat by expanding clean water
2.8fund riparian wildlife buffers on private land.
2.9A list of proposed permanent conservation
2.10easements must be provided as part of the
2.11final report. The accomplishment plan must
2.12include an easement stewardship plan. Up
2.13to $90,000 is for establishing a monitoring
2.14and enforcement fund as approved in
2.15the accomplishment plan and subject to
2.16Minnesota Statutes, section
2.17subdivision 17. An annual financial report is
2.18required for any monitoring and enforcement
2.19fund established, including expenditures
2.20from the fund and a description of annual
2.21monitoring and enforcement activities.
| 2.22 2.23 |
(b) Minnesota Prairie Recovery Project - Phase III |
||||||
2.25commissioner of natural resources for an
2.26agreement with The Nature Conservancy to
2.27acquire native prairie and savanna and restore
2.28and enhance grasslands and savanna. A list of
2.29proposed land acquisitions must be provided
2.30as part of the required accomplishment plan.
2.31Annual income statements and balance sheets
2.32for income and expenses from land acquired
2.33with this appropriation must be submitted to
2.34the Lessard-Sams Outdoor Heritage Council
2.35no later than 180 days following the close of
2.36The Nature Conservancy's fiscal year.
| 3.1 3.2 |
(c) Cannon River Headwaters Habitat Complex - Phase II |
||||||
3.4commissioner of natural resources for an
3.5agreement with The Trust for Public Land
3.6to acquire and restore lands in the Cannon
3.7River watershed for wildlife management
3.8area purposes under Minnesota Statutes,
3.9section
3.10management area purposes under Minnesota
3.11Statutes, sections
3.1214, and
3.13acquisitions must be provided as part of the
3.14required accomplishment plan.
| 3.15 |
(d) Wildlife Management Area Acquisition |
||||||
3.17commissioner of natural resources to acquire
3.18land in fee for wildlife management area
3.19purposes under Minnesota Statutes, section
3.20
3.21land acquisitions must be provided as part of
3.22the required accomplishment plan.
| 3.23 3.24 |
(e) Northern Tallgrass Prairie National Wildlife Refuge Land Acquisition - Phase IV |
||||||
3.26commissioner of natural resources for an
3.27agreement with The Nature Conservancy
3.28in cooperation with the United States Fish
3.29and Wildlife Service to acquire land in
3.30fee or permanent conservation easements
3.31within the Northern Tallgrass Prairie Habitat
3.32Preservation Area in western Minnesota for
3.33addition to the Northern Tallgrass Prairie
3.34National Wildlife Refuge. A list of proposed
3.35land acquisitions must be provided as part
4.1of the required accomplishment plan. The
4.2accomplishment plan must include an
4.3easement monitoring and enforcement plan.
| 4.4 4.5 |
(f) Accelerating the Wildlife Management Area Program - Phase IV |
||||||
4.7commissioner of natural resources for an
4.8agreement with Pheasants Forever to acquire
4.9land in fee for wildlife management area
4.10purposes under Minnesota Statutes, section
4.11
4.12land acquisitions must be provided as part of
4.13the required accomplishment plan.
| 4.14 |
(g) Green Corridor Legacy Program - Phase IV |
||||||
4.16commissioner of natural resources for
4.17an agreement with the Redwood Area
4.18Development Corporation to acquire land in
4.19fee for wildlife management area purposes
4.20under Minnesota Statutes, section
4.21subdivision 8, and for aquatic management
4.22areas under Minnesota Statutes, sections
4.23
4.24proposed land acquisitions must be provided
4.25as part of the required accomplishment plan.
| 4.26 4.27 |
(h) Accelerated Prairie Restoration and Enhancement on DNR Lands - Phase IV |
||||||
4.29commissioner of natural resources to
4.30accelerate the restoration and enhancement
4.31of wildlife management areas, scientific
4.32and natural areas, and land under native
4.33prairie bank easements. A list of proposed
4.34restorations and enhancements must
5.1be provided as part of the required
5.2accomplishment plan.
| 5.3 5.4 |
(i) Anoka Sand Plain Habitat Restoration and Enhancement - Phase II |
||||||
5.6commissioner of natural resources for
5.7agreements to restore and enhance habitat on
5.8public lands in the Anoka Sand Plain and
5.9along the Rum River as follows: $558,750 to
5.10Great River Greening; $99,400 to the Anoka
5.11Conservation District; and $391,850 to the
5.12National Wild Turkey Federation. A list
5.13of proposed restorations and enhancements
5.14must be provided as part of the required
5.15accomplishment plan.
| 5.16 |
(j) Enhanced Public Grasslands |
||||||
5.18commissioner of natural resources for
5.19an agreement with Pheasants Forever in
5.20cooperation with the Minnesota Prairie
5.21Chicken Society to restore and enhance
5.22habitat on public lands. The criteria for
5.23selection of projects must be included in the
5.24accomplishment plan. A list of proposed
5.25restorations and enhancements must be
5.26provided as part of the final report.
| 5.27 |
Subd. 3.Forests |
-0- |
17,300,000 |
||||
| 5.28 5.29 |
(a) Protecting Mississippi River Corridor Habitat ACUB Partnership - Phase II |
||||||
5.31Board of Water and Soil Resources to
5.32acquire permanent conservation easements
5.33on land adjacent to the Nokasippi River
5.34and the boundaries of the Minnesota
5.35National Guard Army compatible use buffer
6.1(ACUB). A list of proposed land acquisitions
6.2must be provided as part of the required
6.3accomplishment plan. The accomplishment
6.4plan must include an easement stewardship
6.5plan. Up to $4,800 is for establishing
6.6a monitoring and enforcement fund as
6.7approved in the accomplishment plan and
6.8subject to Minnesota Statutes, section
6.9
6.10report is required for any monitoring and
6.11enforcement fund established, including
6.12expenditures from the fund and a description
6.13of annual monitoring and enforcement
6.14activities.
| 6.15 6.16 |
(b) Mississippi Northwoods Habitat Complex Protection |
||||||
6.18commissioner of natural resources for an
6.19agreement with Crow Wing County to
6.20acquire land in fee along the Mississippi
6.21River in Crow Wing County to be added
6.22to the county forest system. The purchase
6.23price must not exceed the appraised fair
6.24market value of the property as reviewed
6.25and approved under established procedures
6.26in compliance with the Uniform Standards
6.27of Professional Appraisal Practice and
6.28the Department of Natural Resources'
6.29Supplemental Appraisal and Appraisal
6.30Review Guidelines (effective July 15, 2009).
6.31A land description must be provided as
6.32part of the required accomplishment plan.
6.33Development of a state trail on land acquired
6.34under this paragraph constitutes an alteration
6.35of the intended use of the interest in real
6.36property and must be handled according
7.1to Minnesota Statutes, section
7.2subdivision 15. Any plan, including trail
7.3alignment, for the development of a state
7.4trail must be submitted to the Lessard-Sams
7.5Outdoor Heritage Council for approval. No
7.6state trail development or state trail use is
7.7allowed unless it is specified in the plan
7.8for trail use and alignment approved by the
7.9Lessard-Sams Outdoor Heritage Council.
| 7.10 7.11 |
(c) Northeastern Minnesota Sharp-Tailed Grouse Habitat Partnership - Phase III |
||||||
7.13commissioner of natural resources for
7.14an agreement with Pheasants Forever in
7.15cooperation with the Minnesota Sharp-Tailed
7.16Grouse Society to acquire and enhance
7.17lands for wildlife management area purposes
7.18under Minnesota Statutes, section
7.19subdivision 8. A list of proposed land
7.20acquisitions must be provided as part of the
7.21required accomplishment plan.
| 7.22 7.23 |
(d) Protect Key Forest Habitat Lands in Cass County - Phase III |
||||||
7.25commissioner of natural resources for an
7.26agreement with Cass County to acquire land
7.27in fee in Cass County for forest wildlife
7.28habitat. A list of proposed land acquisitions
7.29must be provided as part of the required
7.30accomplishment plan.
| 7.31 |
(e) Minnesota Moose Habitat Collaborative |
||||||
7.33commissioner of natural resources for an
7.34agreement with the Minnesota Deer Hunters
7.35Association to restore and enhance public
8.1forest lands in northeastern Minnesota
8.2for moose habitat purposes. A list of
8.3proposed restorations and enhancements
8.4must be provided as part of the required
8.5accomplishment plan.
| 8.6 |
Subd. 4.Wetlands |
-0- |
31,140,000 |
||||
| 8.7 8.8 |
(a) Reinvest in Minnesota Wetlands Reserve Program Partnership - Phase IV |
||||||
8.10Board of Water and Soil Resources to
8.11acquire permanent conservation easements
8.12and restore wetlands and associated upland
8.13habitat in cooperation with the United
8.14States Department of Agriculture Wetlands
8.15Reserve Program. A list of land acquisitions
8.16must be provided as part of the final report.
8.17The accomplishment plan must include
8.18an easement stewardship plan. Up to
8.19$180,000 is for establishing a monitoring
8.20and enforcement fund as approved in
8.21the accomplishment plan and subject to
8.22Minnesota Statutes, section
8.23subdivision 17. An annual financial report is
8.24required for any monitoring and enforcement
8.25fund established, including expenditures
8.26from the fund and a description of annual
8.27monitoring and enforcement activities.
| 8.28 8.29 |
(b) Accelerating the Waterfowl Production Area Program - Phase IV |
||||||
8.31commissioner of natural resources for an
8.32agreement with Pheasants Forever to acquire
8.33land in fee to be managed and designated as
8.34waterfowl production areas in Minnesota,
8.35in cooperation with the United States Fish
8.36and Wildlife Service. A list of proposed land
9.1acquisitions must be provided as part of the
9.2required accomplishment plan.
| 9.3 |
(c) Columbus Lake Conservation Area |
||||||
9.5commissioner of natural resources for an
9.6agreement with Anoka County to acquire
9.7land in fee for conservation purposes that
9.8connect wetlands and shallow lakes to
9.9the Lamprey Pass Wildlife Management
9.10Area. A list of proposed land acquisitions
9.11must be provided as part of the required
9.12accomplishment plan.
| 9.13 9.14 |
(d) Living Shallow Lakes and Wetlands Initiative - Phase II |
||||||
9.16commissioner of natural resources for an
9.17agreement with Ducks Unlimited to assess,
9.18restore, and enhance shallow lakes and
9.19wetlands, including technical assistance,
9.20survey, design, and engineering to develop
9.21new enhancement and restoration projects
9.22for future implementation. A list of
9.23proposed restorations and enhancements
9.24must be provided as part of the required
9.25accomplishment plan.
| 9.26 9.27 |
(e) Accelerated Shallow Lakes and Wetlands Enhancement - Phase IV |
||||||
9.29commissioner of natural resources to
9.30develop engineering designs and complete
9.31construction to enhance shallow lakes and
9.32wetlands. A list of proposed restorations and
9.33enhancements must be provided as part of
9.34the required accomplishment plan. Work
10.1must be completed within three years of the
10.2effective date of this act.
| 10.3 |
(f) Marsh Lake Enhancement |
||||||
10.5commissioner of natural resources to
10.6complete design and construction to modify
10.7the dam at Marsh Lake and return the historic
10.8outlet of the Pomme de Terre River to Lac
10.9Qui Parle.
| 10.10 |
Subd. 5.Habitats |
-0- |
24,120,000 |
||||
| 10.11 |
(a) DNR Aquatic Habitat - Phase IV |
||||||
10.13commissioner of natural resources to
10.14acquire interests in land in fee or permanent
10.15conservation easements for aquatic
10.16management areas under Minnesota Statutes,
10.17sections
10.18
10.19habitat. A list of proposed land acquisitions
10.20must be provided as part of the required
10.21accomplishment plan. The accomplishment
10.22plan must include an easement stewardship
10.23plan. Up to $25,000 is for establishing
10.24a monitoring and enforcement fund as
10.25approved in the accomplishment plan and
10.26subject to Minnesota Statutes, section
10.27
10.28report is required for any monitoring and
10.29enforcement fund established, including
10.30expenditures from the fund and a description
10.31of annual monitoring and enforcement
10.32activities.
| 10.33 |
(b) Metro Big Rivers Habitat - Phase III |
||||||
11.2commissioner of natural resources for
11.3agreements to acquire interests in land in
11.4fee or permanent conservation easements
11.5and to restore and enhance natural systems
11.6associated with the Mississippi, Minnesota,
11.7and St. Croix Rivers as follows: $1,000,000
11.8to the Minnesota Valley National Wildlife
11.9Refuge Trust, Inc.; $375,000 to the Friends
11.10of the Mississippi; $375,000 to Great River
11.11Greening; $930,000 to The Minnesota
11.12Land Trust; and $1,000,000 to The Trust
11.13for Public Land. A list of proposed
11.14acquisitions, restorations, and enhancements
11.15must be provided as part of the required
11.16accomplishment plan. The accomplishment
11.17plan must include an easement stewardship
11.18plan. Up to $51,000 is for establishing
11.19a monitoring and enforcement fund as
11.20approved in the accomplishment plan and
11.21subject to Minnesota Statutes, section
11.22
11.23report is required for any monitoring and
11.24enforcement fund established, including
11.25expenditures from the fund and a description
11.26of annual monitoring and enforcement
11.27activities.
| 11.28 11.29 |
(c) Dakota County Riparian and Lakeshore Protection and Management - Phase III |
||||||
11.31commissioner of natural resources for an
11.32agreement with Dakota County to acquire
11.33permanent conservation easements and
11.34restore and enhance habitats along the
11.35Mississippi, Cannon, and Vermillion Rivers.
11.36A list of proposed acquisitions, restorations,
12.1and enhancements must be provided as
12.2part of the required accomplishment plan.
12.3The accomplishment plan must include
12.4an easement stewardship plan. Up to
12.5$20,000 is for establishing a monitoring
12.6and enforcement fund as approved in
12.7the accomplishment plan and subject to
12.8Minnesota Statutes, section
12.9subdivision 17. An annual financial report is
12.10required for any monitoring and enforcement
12.11fund established, including expenditures
12.12from the fund and a description of annual
12.13monitoring and enforcement activities.
| 12.14 |
(d) Lower St. Louis River Habitat Restoration |
||||||
12.16commissioner of natural resources to restore
12.17habitat in the lower St. Louis River estuary.
12.18A list of proposed projects must be provided
12.19as part of the required accomplishment plan.
| 12.20 12.21 |
(e) Coldwater Fish Habitat Enhancement - Phase IV |
||||||
12.23commissioner of natural resources for an
12.24agreement with Minnesota Trout Unlimited
12.25to restore and enhance coldwater fish river
12.26and stream habitats in Minnesota. A list
12.27of proposed restorations and enhancements
12.28must be provided as part of the required
12.29accomplishment plan.
| 12.30 |
(f) Grand Marais Creek Outlet Restoration |
||||||
12.32commissioner of natural resources for an
12.33agreement with the Red Lake Watershed
12.34District to restore and enhance stream and
12.35related habitat in Grand Marais Creek. A list
13.1of proposed restorations and enhancements
13.2must be provided as part of the required
13.3accomplishment plan.
| 13.4 |
(g) Knife River Habitat Restoration |
||||||
13.6commissioner of natural resources for an
13.7agreement with the Lake Superior Steelhead
13.8Association to restore trout habitat in the
13.9Upper Knife River Watershed. A list of
13.10proposed restorations must be provided as
13.11part of the required accomplishment plan.
| 13.12 |
(h) Protect Aquatic Habitat from Asian Carp |
||||||
13.14commissioner of natural resources to
13.15control Asian carp to protect Minnesota's
13.16aquatic habitat. Use of this money requires
13.17a one-to-one match for projects on state
13.18boundary waters.
| 13.19 13.20 |
(i) Outdoor Heritage Conservation Partners Grant Program - Phase IV |
||||||
13.22commissioner of natural resources for a
13.23program to provide competitive, matching
13.24grants of up to $400,000 to local, regional,
13.25state, and national organizations for
13.26enhancing, restoring, or protecting forests,
13.27wetlands, prairies, and habitat for fish, game,
13.28or wildlife in Minnesota. Grants shall not
13.29be made for activities required to fulfill
13.30the duties of owners of lands subject to
13.31conservation easements. Grants shall not be
13.32made from appropriations in this paragraph
13.33for projects that have a total project cost
13.34exceeding $575,000. $366,000 of this
13.35appropriation may be spent for personnel
14.1costs and other direct and necessary
14.2administrative costs. Grantees may acquire
14.3land or interests in land. Easements must be
14.4permanent. Land acquired in fee must be
14.5open to hunting and fishing during the open
14.6season unless otherwise provided by state
14.7law. The program shall require a match of
14.8at least ten percent from nonstate sources
14.9for all grants. The match may be cash or
14.10in-kind resources. For grant applications
14.11of $25,000 or less, the commissioner shall
14.12provide a separate, simplified application
14.13process. Subject to Minnesota Statutes, the
14.14commissioner of natural resources shall,
14.15when evaluating projects of equal value,
14.16give priority to organizations that have a
14.17history of receiving or charter to receive
14.18private contributions for local conservation
14.19or habitat projects. If acquiring land or a
14.20conservation easement, priority shall be
14.21given to projects associated with existing
14.22wildlife management areas under Minnesota
14.23Statutes, section
14.24scientific and natural areas under Minnesota
14.25Statutes, sections
14.26subdivision 5; and aquatic management areas
14.27under Minnesota Statutes, sections
14.28subdivision 14, and
14.29or enhancement projects must be on land
14.30permanently protected by a conservation
14.31easement or public ownership or in public
14.32waters as defined in Minnesota Statutes,
14.33section
14.34shall be given to restoration and enhancement
14.35projects on public lands. Minnesota Statutes,
14.36section
15.1to grants awarded under this paragraph.
15.2This appropriation is available until June
15.330, 2016. No less than five percent of the
15.4amount of each grant must be held back from
15.5reimbursement until the grant recipient has
15.6completed a grant accomplishment report by
15.7the deadline and in the form prescribed by
15.8and satisfactory to the Lessard-Sams Outdoor
15.9Heritage Council. The commissioner shall
15.10provide notice of the grant program in
15.11the game and fish law summaries that are
15.12prepared under Minnesota Statutes, section
15.13
| 15.14 |
Subd. 6.Administration |
-0- |
220,000 |
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| 15.15 |
(a) Contract Management |
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15.17commissioner of natural resources for
15.18contract management duties assigned in this
15.19section. The commissioner shall provide a
15.20work program in the form specified by the
15.21Lessard-Sams Outdoor Heritage Council
15.22on the expenditure of this appropriation.
15.23No money may be expended prior to
15.24Lessard-Sams Outdoor Heritage Council
15.25approval of the work program.
| 15.26 |
(b) Technical Evaluation Panel |
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15.28commissioner of natural resources for a
15.29technical evaluation panel to conduct up to
15.30ten restoration evaluations under Minnesota
15.31Statutes, section
| 15.32 |
Subd. 7.Availability of Appropriation |
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15.34not be spent on activities unless they are
16.1directly related to and necessary for a
16.2specific appropriation and are specified in
16.3the accomplishment plan approved by the
16.4Lessard-Sams Outdoor Heritage Council.
16.5Money appropriated in this section must not
16.6be spent on indirect costs or other institutional
16.7overhead charges that are not directly related
16.8to and necessary for a specific appropriation.
16.9Unless otherwise provided, the amounts
16.10in this section are available until June 30,
16.112015, when projects must be completed and
16.12final accomplishments reported. Funds for
16.13restoration or enhancement are available
16.14until June 30, 2017, or four years after
16.15acquisition, whichever is later, in order to
16.16complete initial restoration or enhancement
16.17work. If a project receives federal funds, the
16.18time period of the appropriation is extended
16.19to equal the availability of federal funding.
16.20Funds appropriated for fee title acquisition
16.21of land may be used to restore, enhance, and
16.22provide for public use of the land acquired
16.23with the appropriation. Public use facilities
16.24must have a minimal impact on habitat in
16.25acquired lands.
| 16.26 16.27 |
Subd. 8.Payment Conditions and Capital Equipment Expenditures |
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16.29be administered on a reimbursement basis
16.30unless otherwise provided in this section.
16.31Notwithstanding Minnesota Statutes, section
16.32
16.33appropriation's purpose made on or after July
16.341, 2012, or the date of accomplishment plan
16.35approval, whichever is later, are eligible for
16.36reimbursement unless otherwise provided in
17.1this section. Periodic reimbursement must
17.2be made upon receiving documentation that
17.3the items articulated in the accomplishment
17.4plan approved by the Lessard-Sams Outdoor
17.5Heritage Council have been achieved,
17.6including partial achievements as evidenced
17.7by progress reports approved by the
17.8Lessard-Sams Outdoor Heritage Council.
17.9Reasonable amounts may be advanced to
17.10projects to accommodate cash flow needs,
17.11support future management of acquired
17.12lands, or match a federal share. The
17.13advances must be approved as part of the
17.14accomplishment plan. Capital equipment
17.15expenditures for specific items in excess of
17.16$10,000 must be itemized in and approved as
17.17part of the accomplishment plan.
17.18 Sec. 3. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
17.19to read:
17.20 Subd. 12. Accomplishment plans. It is a condition of acceptance of money
17.21appropriated from the outdoor heritage fund that the agency or entity using the
17.22appropriation submits an accomplishment plan and periodic accomplishment reports to
17.23the Lessard-Sams Outdoor Heritage Council in the form determined by the council. The
17.24accomplishment plan must identify the project manager responsible for expending the
17.25appropriation and the final product. The accomplishment plan must account for the use
17.26of the appropriation and outcomes of the expenditure in measures of wetlands, prairies,
17.27forests, and fish, game, and wildlife habitat restored, protected, and enhanced. The plan
17.28must include an evaluation of results. No money appropriated from the outdoor heritage
17.29fund may be expended unless the council has approved the pertinent accomplishment plan.
17.30 Sec. 4. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
17.31to read:
17.32 Subd. 13. Project requirements. (a) As a condition of accepting money
17.33appropriated from the outdoor heritage fund, an agency or entity receiving money from
18.1an appropriation must comply with this subdivision for any project funded in whole or
18.2in part with funds from the appropriation.
18.3(b) All conservation easements acquired with money appropriated from the outdoor
18.4heritage fund must:
18.5(1) be permanent;
18.6(2) specify the parties to the easement;
18.7(3) specify all of the provisions of an agreement that are permanent;
18.8(4) specify the habitat types and location being protected;
18.9(5) where appropriate for conservation or water protection outcomes, require the
18.10grantor to employ practices retaining water on the eased land as long as practicable;
18.11(6) specify the responsibilities of the parties for habitat enhancement and restoration
18.12and the associated costs of these activities;
18.13(7) be sent to the office of the Lessard-Sams Outdoor Heritage Council;
18.14(8) include a long-term stewardship plan and identify the sources and amount of
18.15funding for monitoring and enforcing the easement agreement; and
18.16(9) identify the parties responsible for monitoring and enforcing the easement
18.17agreement.
18.18(c) For all restorations, a recipient must prepare and retain an ecological restoration
18.19and management plan that, to the degree practicable, is consistent with current
18.20conservation science and ecological goals for the restoration site. Consideration should
18.21be given to soil, geology, topography, and other relevant factors that would provide the
18.22best chance for long-term success and durability of the restoration. The plan must include
18.23the proposed timetable for implementing the restoration, including, but not limited to,
18.24site preparation, establishment of diverse plant species, maintenance, and additional
18.25enhancement to establish the restoration; identify long-term maintenance and management
18.26needs of the restoration and how the maintenance, management, and enhancement will be
18.27financed; and use current conservation science to achieve the best restoration.
18.28(d) For new lands acquired, a recipient must prepare a restoration and management
18.29plan in compliance with paragraph (c), including identification of sufficient funding for
18.30implementation.
18.31(e) To ensure public accountability for the use of public funds, a recipient must
18.32provide to the Lessard-Sams Outdoor Heritage Council documentation of the process used
18.33to select parcels acquired in fee or as permanent conservation easements and must provide
18.34the council with documentation of all related transaction costs, including, but not limited
18.35to, appraisals, legal fees, recording fees, commissions, other similar costs, and donations.
18.36This information must be provided for all parties involved in the transaction. The recipient
19.1must also report to the Lessard-Sams Outdoor Heritage Council any difference between
19.2the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal,
19.3if a state-certified or state-reviewed appraisal was conducted. Acquisition data such as
19.4appraisals may remain private during negotiations but must ultimately be made public
19.5according to chapter 13.
19.6(f) Except as otherwise provided in the appropriation, all restoration and
19.7enhancement projects funded with money appropriated from the outdoor heritage fund
19.8must be on land permanently protected by a conservation easement or public ownership or
19.9in public waters as defined in section
19.10(g) To the extent an appropriation is used to acquire an interest in real property,
19.11a recipient of an appropriation from the outdoor heritage fund must provide to the
19.12Lessard-Sams Outdoor Heritage Council and the commissioner of management and
19.13budget an analysis of increased operation and maintenance costs likely to be incurred by
19.14public entities as a result of the acquisition and of how the costs are to be paid.
19.15(h) A recipient of money appropriated from the outdoor heritage fund must give
19.16consideration to and make timely written contact with Conservation Corps Minnesota for
19.17possible use of the corps' services to contract for restoration and enhancement services.
19.18A copy of the written contact must be filed with the Lessard-Sams Outdoor Heritage
19.19Council within 15 days of execution.
19.20(i) A recipient of money appropriated from the outdoor heritage fund must erect
19.21signage according to Laws 2009, chapter 172, article 5, section 10.
19.22 Sec. 5. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
19.23to read:
19.24 Subd. 14. Purchase of recycled and recyclable materials. A political subdivision,
19.25public or private corporation, or other entity that receives money appropriated from the
19.26outdoor heritage fund must use the money in compliance with sections
19.27purchase of recycled, repairable, and durable materials, and
19.28and use of paper stock and printing.
19.29 Sec. 6. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
19.30to read:
19.31 Subd. 15. Land acquisition restrictions. (a) An interest in real property, including,
19.32but not limited to, an easement or fee title, that is acquired with money appropriated
19.33from the outdoor heritage fund must be used in perpetuity or for the specific term of an
19.34easement interest for the purpose for which the appropriation was made. The ownership
20.1of the interest in real property transfers to the state if: (1) the holder of the interest in
20.2real property fails to comply with the terms and conditions of the grant agreement or
20.3accomplishment plan; or (2) restrictions are placed on the land that preclude its use for the
20.4intended purpose as specified in the appropriation.
20.5(b) A recipient of funding that acquires an interest in real property subject to this
20.6subdivision may not alter the intended use of the interest in real property or convey any
20.7interest in the real property acquired with the appropriation without the prior review and
20.8approval of the Lessard-Sams Outdoor Heritage Council or its successor. The council
20.9shall notify the chairs and ranking minority members of the legislative committees and
20.10divisions with jurisdiction over the outdoor heritage fund at least 15 business days before
20.11approval under this paragraph. The council shall establish procedures to review requests
20.12from recipients to alter the use of or convey an interest in real property. These procedures
20.13shall allow for the replacement of the interest in real property with another interest in real
20.14property meeting the following criteria:
20.15(1) the interest must be at least equal in fair market value, as certified by the
20.16commissioner of natural resources, to the interest being replaced; and
20.17(2) the interest must be in a reasonably equivalent location and have a reasonably
20.18equivalent useful conservation purpose compared to the interest being replaced, taking
20.19into consideration all effects from fragmentation of the whole habitat.
20.20(c) A recipient of funding who acquires an interest in real property under paragraph
20.21(a) must separately record a notice of funding restrictions in the appropriate local
20.22government office where the conveyance of the interest in real property is filed. The
20.23notice of funding agreement must contain:
20.24(1) a legal description of the interest in real property covered by the funding
20.25agreement;
20.26(2) a reference to the underlying funding agreement;
20.27(3) a reference to this section; and
20.28(4) the following statement: "This interest in real property shall be administered in
20.29accordance with the terms, conditions, and purposes of the grant agreement controlling the
20.30acquisition of the property. The interest in real property, or any portion of the interest in
20.31real property, shall not be sold, transferred, pledged, or otherwise disposed of or further
20.32encumbered without obtaining the prior written approval of the Lessard-Sams Outdoor
20.33Heritage Council or its successor. The ownership of the interest in real property transfers to
20.34the state if: (1) the holder of the interest in real property fails to comply with the terms and
20.35conditions of the grant agreement or accomplishment plan; or (2) restrictions are placed
20.36on the land that preclude its use for the intended purpose as specified in the appropriation."
21.1 Sec. 7. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
21.2to read:
21.3 Subd. 16. Real property interest report. (a) By December 1 each year, a recipient
21.4of money appropriated from the outdoor heritage fund that is used for the acquisition of an
21.5interest in real property, including, but not limited to, an easement or fee title, must submit
21.6annual reports on the status of the real property to the Lessard-Sams Outdoor Heritage
21.7Council or its successor in a form determined by the council. The responsibility for
21.8reporting under this subdivision may be transferred by the recipient of the appropriation
21.9to another person or entity that holds the interest in the real property. To complete the
21.10transfer of reporting responsibility, the recipient of the appropriation must:
21.11(1) inform the person to whom the responsibility is transferred of that person's
21.12reporting responsibility;
21.13(2) inform the person to whom the responsibility is transferred of the property
21.14restrictions under subdivision 15; and
21.15(3) provide written notice to the council of the transfer of reporting responsibility,
21.16including contact information for the person to whom the responsibility is transferred.
21.17(b) After the transfer, the person or entity that holds the interest in the real property
21.18is responsible for reporting requirements under this subdivision.
21.19 Sec. 8. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
21.20to read:
21.21 Subd. 17. Easement monitoring and enforcement requirements. Money
21.22appropriated from the outdoor heritage fund for easement monitoring and enforcement
21.23may be spent only on activities included in an easement monitoring and enforcement
21.24plan contained within the accomplishment plan. Money received for monitoring and
21.25enforcement, including earnings on the money received, shall be kept in a monitoring
21.26and enforcement fund held by the organization and is appropriated for monitoring and
21.27enforcing conservation easements in the state. Within 120 days after the close of the
21.28entity's fiscal year, an entity receiving appropriations for easement monitoring and
21.29enforcement must provide an annual financial report to the Lessard-Sams Outdoor
21.30Heritage Council on the easement monitoring and enforcement fund as specified in the
21.31accomplishment plan. Money appropriated from the outdoor heritage fund for monitoring
21.32and enforcement of easements and earnings on the money appropriated shall revert
21.33to the state if:
21.34(1) the easement transfers to the state under subdivision 15;
22.1(2) the holder of the easement fails to file an annual report and then fails to cure that
22.2default within 30 days of notification of the default by the state; or
22.3(3) the holder of the easement fails to comply with the terms of the monitoring and
22.4enforcement plan contained within the accomplishment plan and fails to cure that default
22.5within 90 days of notification of the default by the state.
22.6 Sec. 9. Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
22.7to read:
22.8 Subd. 18. Successor organizations. The Lessard-Sams Outdoor Heritage Council
22.9may approve the continuation of a project with an organization that has adopted a new
22.10name. Continuation of a project with an organization that has undergone a significant
22.11change in mission, structure, or purpose requires:
22.12(1) notice to the chairs of the legislative committees and divisions with jurisdiction
22.13over the outdoor heritage fund; and
22.14(2) presentation by the council of proposed legislation either ratifying or rejecting
22.15continued involvement with the new organization.
