30.92(3)(b)
(b) The following factors shall be considered in establishing priorities for projects:
30.92(3)(b)1.
1. For a recreational boating facility, the distance of the site of the proposed facility from other recreational boating facilities.
30.92(3)(b)2.
2. Demand for safe recreational boating facilities.
30.92(3)(b)3.
3. Expression of support by the governmental unit or qualified lake association.
30.92(4)(a)(a) The department shall develop and administer, with the approval of the commission, a financial assistance program for governmental units, including itself, and qualified lake associations for the construction and rehabilitation of capital improvements related to recreational boating facilities, for the improvement of locks and facilities which provide access between waterways and for the projects specified in
par. (b) 8. No financial assistance under this section may be provided to the Fox River management commission for feasibility studies of construction projects or for construction projects. No financial assistance under this section may be provided to the department other than for projects for access to inland lakes without a public access facility.
30.92(4)(b)
(b) The following standards shall apply to the state funding of all recreational boating projects:
30.92(4)(b)1.
1. To the greatest extent possible, state funds shall be used to match other funding sources. Other funding sources may include, but are not limited to, the federal land and water conservation fund, the U.S. army corps of engineers, U.S. economic development administration, general revenue sharing, gifts, grants and contributions and user fees.
30.92(4)(b)2.
2. The department may cost-share, with the approval of the commission, with a qualified lake association or an affected governmental unit, including itself, at a rate of up to 50% of any construction, acquisition, rehabilitation, feasibility study or other project costs or any combination of these costs, for the recreational boating project if the costs are the type that qualify for funding under this section. The department may pay, with the approval of the commission, an additional 10% of the costs of a construction project if the municipality conducts a boating safety enforcement and education program approved by the department.
30.92(4)(b)3.
3. No more than 10% of the state funds available for recreational boating aids under this section may be expended for feasibility studies in one year. No more than 1% of the state funds available for recreational boating aids under this section may be expended for any one feasibility study in one year.
30.92(4)(b)4.
4. No funds may be used for the purchase of land or the construction of facilities commonly used to berth boats.
30.92(4)(b)6.
6. Forty percent of the state funds available for recreational boating aids under this section shall be expended for Great Lakes projects. Forty percent of the state funds available for recreational boating aids under this section shall be expended for inland water projects. The commission may designate recreational boating aids for locks and facilities that provide access between the Great Lakes and inland waters as aids expended for inland waters, as aids expended for projects deemed necessary by the commission without regard to location or as aids under a combination of these 2 types of projects. Twenty percent of the state funds available for recreational boating aids under this section shall be expended for projects deemed necessary by the commission without regard to location.
30.92(4)(b)6m.
6m. Notwithstanding
subd. 6., the department, with the approval of the commission, may reallocate for expenditure for recreational boating aids without complying with the percentages under
subd. 6. any state funds that are not encumbered for expenditure for a fiscal year before the first day of the 4th quarter of that fiscal year.
30.92(4)(b)7.
7. Projects qualifying for funds available for recreational boating aids under this section include, but are not limited to, construction, rehabilitation and improvement of harbors of refuge on the Great Lakes; accommodation of motor-powered recreational watercraft; construction, rehabilitation and improvement of public access and related facilities on inland waters where motor-powered recreational watercraft are permitted; and improvement of locks and facilities that provide access between waterways for the operators of recreational watercraft.
30.92(4)(b)8.
8. In addition to those projects specified under
subd. 7., the following projects qualify for funds available for recreational boating aids under this section:
30.92(4)(b)8.a.
a. A project for the dredging of a channel in a waterway to the degree that is necessary to accommodate recreational watercraft if the project is for an inland water.
30.92(4)(b)8.b.
b. Acquisition of capital equipment that is necessary to cut and remove aquatic plants that are aquatic nuisances or that are detrimental to fish habitat if the acquisition is pursuant to a plan to cut and remove aquatic plants that is approved by the department.
30.92(4)(b)9.
9. A governmental unit or a qualified lake association may not receive funds under
subd. 8. a. for the same waterway more than once every 10 years.
30.92(4)(b)10.
10. Funds for a project under
subd. 8. b. for capital equipment that will be used on the Great Lakes may only be expended from the 40% allocation of state funds that is available for Great Lake projects under
subd. 6.
30.92(5)
(5) Rules. The commission shall recommend rules for promulgation by the department as necessary to implement this section. The commission shall recommend rules relating to the type and content of studies to be conducted, cost-sharing arrangements under
sub. (4) and liaison arrangements between the state and federal agencies, other state agencies, governmental units, qualified lake associations and other persons.
30.92(6)
(6) Cooperation and assistance. 30.92(6)(a)(a) The department shall provide governmental units and qualified lake associations with technical assistance in all phases of implementing or participating in the program under this section. The department shall also coordinate the program under this section with all other related state and federal programs.
30.92(6)(b)
(b) The department shall assign staff to the commission for management of the program under this section. All staff activities, including but not limited to budgeting, program coordination and related administrative management functions, shall be consistent with the policies of the department and the natural resources board.
30.92(7)
(7) Use of Wisconsin conservation corps. To the greatest extent practicable, the commission and affected governmental units and qualified lake associations shall encourage the use of and utilize the Wisconsin conservation corps for appropriate projects.
30.93
30.93
Fox River management. 30.93(1)
(1)
Definitions. As used in this section:
30.93(1)(a)
(a) "Commission" means the Fox River management commission.
30.93(1)(c)
(c) "Long-term agreement" means any agreement which involves the continuation of leasing obligations by this state for, or the continuation of responsibility for the management and operation by this state of, the Fox River navigational system beyond October 15, 1985.
30.93(1)(d)
(d) "Short-term agreement" means any agreement which does not involve the retention of ownership rights by this state of, the continuation of leasing obligations by this state for, or the continuation of responsibility for the management and operation by this state of, any Fox River locks and facilities, as defined in s.
30.93 (1) (b), 1991 stats., beyond October 15, 1985, and which does not in any other way obligate or restrict the state on or after October 15, 1985.
30.93(2)
(2) Authority to negotiate and enter into agreements with the federal government. 30.93(2)(a)(a)
Negotiations. The commission is authorized to enter into negotiations with the federal government on behalf of the state concerning:
30.93(2)(a)1.
1. The leasing by the state of the Fox River navigational system.
30.93(2)(a)2.
2. The assumption by the state of responsibility for the management or operation of the Fox River navigational system.
30.93(2)(b)
(b)
Short-term agreements. Prior to October 16, 1985, the commission is authorized to enter into only short-term agreements with the federal government concerning Fox River locks and facilities, as defined in s.
30.93 (1) (b), 1991 stats.
30.93(2)(c)
(c)
Long-term agreements. On and after October 16, 1985, the commission is authorized to enter into long-term agreements with the federal government concerning the Fox River navigational system.
30.93(3)
(3) Authority over the Fox River navigational system. 30.93(3)(a)(a)
Authority in general. If an agreement is entered into with the federal government, the commission may assume responsibility for the management and operation of the Fox River navigational system.
30.93(3)(b)
(b)
Authority to contract; Wisconsin conservation corps. The commission may contract with public agencies, public or private organizations, businesses or individuals to carry out management or operation responsibilities for the Fox River navigational system. The commission may contract with the department of health and family services or other state agency to carry out management or operation responsibilities for the Fox River navigational system. The commission may act as a Wisconsin conservation corps project sponsor and may enter into agreements with the Wisconsin conservation corps board to carry out management or operation responsibilities for the Fox River navigational system.
30.93(3)(c)
(c)
Budget. The commission shall prepare a biennial budget which shall be submitted to the department concerning activities to be performed under this subsection.
30.93(3)(d)
(d)
Staff and employes. The commission may hire staff and employes to perform activities under this section subject to the requirements of
s. 16.505.
30.93(4)(a)(a)
Requirement. The commission shall charge user fees for services it provides to the operators of boats using the Fox River navigational system.
30.93(4)(c)
(c)
Additional fees. In addition to the regular user fees, the commission may charge passenger fees and cargo fees for boats carrying large numbers of passengers or large cargoes.
30.93(4)(d)
(d)
Modification and implementation of fees. The fees specified under
par. (b) may be modified by rules promulgated under
sub. (6). The fees authorized under
par. (c) may be implemented by rules promulgated under
sub. (6).
30.93(5)
(5) Contributions; federal assistance. The commission shall encourage and may accept contributions and gifts for the management, operation and maintenance of the Fox River navigational system. The commission may apply for federal assistance for the management, operation and maintenance of the Fox River navigational system.
30.93(6)
(6) Rules. If, in exercising its authority under this section, the commission determines that rules are needed, the commission may submit proposed rules to the department. The department may promulgate these rules under
ch. 227.
30.93(7)
(7) Commissioners. Members of the commission shall not receive a salary but are entitled to reimbursement for their actual and necessary expenses and, in addition, to a per diem payment of $25 for each day on which they were actually and necessarily engaged in the performance of their duties. Members of the commission are considered public officers for the purposes of
s. 895.46.
30.93(8)
(8) Applicability. This section does not apply after the date on which the governor makes the certification under
s. 30.94 (8).
30.94
30.94
Fox-Winnebago regional management commission. 30.94(1)(1)
Definitions. In this section:
30.94(1)(a)
(a) "Commission" means the Fox-Winnebago regional management commission.
30.94(1)(b)
(b) "Fox River navigational system" means locks, harbors, real property, structures and facilities related to navigation that are located on or near the Fox River, including locks, harbors, real property, structures and facilities that were under the ownership or control of the federal government on April 1, 1984. "Fox River navigational system" does not include dams on the Fox River.
30.94(1)(c)
(c) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state or any of the foregoing.
30.94(2)
(2) Creation. There is created a Fox-Winnebago regional management commission consisting of the members appointed under
sub. (3).
30.94(3)
(3) Appointments to the commission. 30.94(3)(a)(a) The commission shall consist of the following members:
30.94(3)(a)2.
2. Two members each from Brown, Calumet, Fond du Lac, Outagamie and Winnebago counties.
30.94(3)(b)1.1. The members appointed under
par. (a) 2. shall be appointed by the county executive of the county which the member represents.
30.94(3)(b)2.
2. If a county has a lock or harbor that is part of the Fox River navigational system, at least one of the 2 members appointed for that county under
par. (a) 2. shall be a resident of a city or village in which there is located such a lock or harbor.
30.94(3)(c)
(c) The members appointed under this subsection shall serve 2-year terms.
30.94(3)(d)
(d) The commission shall elect a chairperson, vice chairperson and secretary from among its members each year.
30.94(3)(e)
(e) The commission shall meet at least once a year.
30.94(4)
(4) Authority over Fox River navigational system. 30.94(4)(a)(a) The commission shall manage, operate, restore and repair the Fox River navigational system.
30.94(4)(b)
(b) The commission shall oversee all projects that affect the management or operation of the Fox River navigational system, which may include the following:
30.94(4)(b)4.
4. Projects with local governmental units to increase boating access.
30.94(4)(c)
(c) An activity or project involving the Fox River navigational system for which a permit, license or other approval or procedure is required by the department is not exempt from any of those permitting, licensing approval or procedural requirements.
30.94(4)(d)
(d) The department may require the commission to maintain the sea lamprey barrier at the Rapide Croche lock according to specifications of the department to prevent sea lampreys or other nonnative species from moving upstream. The Rapide Croche lock may not be opened without prior approval from the department.
30.94(5)
(5) User fees. The commission may charge user fees for services it provides to the operators of watercraft using the Fox River navigational system.
30.94(5m)(a)(a) The commission may contract with public agencies, public or private organizations, businesses or individuals to carry out management, operation, restoration and repair responsibilities for the Fox River navigational system.
30.94(5m)(b)
(b) The commission may appoint advisory committees and may cooperate and consult with the state, the federal government and local governmental units on issues affecting the Fox River navigational system.
