Somewhere Over the Rainbow:

Minnesota Legislature Considers Wishes

By Kathleen Preece

The words to the familiar song of “Wizard of Oz” are promising: "Somewhere over the rainbow . . . dreams that you dare to dream, really do come true.”

The skeptics among us might question the potential reality of aspirations that exist only in our imaginations. But guess what? Minnesota is a land of promise, and even in tough economic times, a pot of gold awaits those who convince the Minnesota Legislature that their dreams are good ones.

On November 4, 2008, Minnesota voters approved the passage of a Constitutional Amendment that, starting in July 2009 and continuing until June 30, 2034, will increase sales and use tax rates by three-eights of one percent. That increase will go into a pot of money to be spent on improving the environment and preserving the state’s cultural heritage.

To natural resource managers and outdoor enthusiasts, the amendment language is significant. It states: “33 percent of the receipts shall be deposited in an outdoor heritage fund and may be spent only to restore, protect, and enhance wetlands, prairie, forests, and habitat for fish, game and wildlife.”

Another 33 percent of the receipts to be deposited in a clean water fund; a parks and trails fund will receive 14.25 percent of the receipts; and an arts and cultural heritage fund will receive 19.75 of the receipts.

It is expected that approximately $6 million will go into the fund per month, once the sale tax receipts are collected. The fund is expected to reach approximately $80 million in fiscal year 2010 and $91 million in 2011. Some speculate less than that amount because of the current downturn of the economy. However, few will argue that there is still a pot of gold.

The statutory language creating the outdoor heritage fund also created a 12-member Lessard Outdoor Heritage Council (LOHC), which is charged with the responsibility of providing annual recommendations to the legislature on how the outdoor heritage funds should be used.

The LOHC is diverse, consisting of 12 members, including pheasant and deer hunters, a private conservation organization board member, a hunt club owner, a member of Duck’s Unlimited, and an individual with strong credentials in the forestry community.

What this lineup does not reveal is concerning to some in northern Minnesota. There are no representatives ‘north of 2.’ In other words, no council member is a resident of the northern part of the state. Senator Ellen Anderson is the only woman on the LOHC.

Ultimately, the Legislature will make the final appropriations. It can conceivably ignore the recommendations the LOHC presents to it by April 1.

The amendment defines how much can be spent, and earmarks no more than one percent of the funds be spent for administration of the funding program. Projects presented for potential funding must:

• show the ability to produce significant, measurable, and enduring resource and/or habitat outcomes.

• clearly identify specific resource and/or habitat outcomes, performance measures, and a plan for measuring, evaluating and publicly reporting these outcomes over time;

• reflect the best available science regarding resource and/or habitat enhancement,
restoration, and protection;

• where possible and appropriate uses native plant material.


The LOHC has been open and public in its initial deliberations process and has issued news releases on how to make proposals. The Council’s website: www.lohc.state.mn.us explains the process, and letters have been sent to hundreds of organizations around the state, informing them of the process. The time line for the first round of this process has been short: the passage of the amendment occurred in November; the LOHC was formed by December; and there is a mandate that recommendations on how to spend the potential first pot of gold be decided upon by April 1.

As evidenced from initial LOHC hearings, Minnesota’s outdoor and natural resource community has come out from under the northern lights to follow this rainbow in a focused and organized manner, presenting projects that exemplify strategic and targeted, shovel-ready suggestions.

After passage of the amendment last November, “stakeholder” forums were immediately organized and participated in by fishermen and women, pheasant and turkey hunters, professional resource managers, and on-the-ground foresters. The intent of these forums was to bring a unified front to the LOHC on priority needs and issues as they relate to Minnesota’s outdoors, and to showcase Minnesota's best attempts to fix some of its most pressing natural resource problems.

On Feb. 11, during the first round of proposal hearings by the LOHC, the council took testimony on $97 million in projects to purchase or enhance prairie grasslands and wetland habitat.

On Feb. 23, the LOHC heard proposals on forests and other fish and wildlife projects. These projects have been estimated to total $100 million.

While the LOHC labors over the myriad of projects put in front of it, the Legislature has not revealed how it will dole the money out from the other three pots: the clean water fund, the parks and trails fund, and the arts and culture fund.
It’s not often we have the opportunity to talk about how to spend a lot of money or to be invited to dip ones hands in a pot of gold.

That song has a nice melody to it: “Somewhere over the rainbow skies are blue.
And the dreams that you dare to dream, really do come true;"