SECTION 1227. 23.09 (2) (d) 7. of the statutes is repealed and recreated to read:
23.09 (2) (d) 7. For state natural resources management areas.
SECTION 1228. 23.09 (2) (d) 10. of the statutes is repealed.
SECTION 1229. 23.09 (2) (d) 12. of the statutes is repealed.
SECTION 1230. 23.09 (2dm) (a) of the statutes is amended to read:
23.09 (2dm) (a) In expending moneys from the appropriation under s. 20.866 (2) (tz) to acquire lands under sub. (2) (d) or for the state park system under s. 27.01 (1), the department of natural resources and the department of tourism and parks shall establish a higher priority for the acquisition of lands within the boundaries of projects established on or before January 1, 1988.
SECTION 1231. 23.09 (2dm) (b) of the statutes is amended to read:
23.09 (2dm) (b) The department of natural resources and the department of tourism and parks shall allocate at least $1,720,000 of the moneys appropriated under s. 20.866 (2) (tz) in each fiscal year for the acquisition of lands within the boundaries of projects established after January 1, 1988.
SECTION 1232. 23.09 (2dm) (c) of the statutes is created to read:
23.09 (2dm) (c) For each fiscal year the department of natural resources and the department of tourism and parks shall enter into an agreement establishing the priorities under par. (a) and the allocations under par. (b). The secretary of administration shall resolve any disputes between the departments concerning the agreement on these priorities and allocations.
SECTION 1233. 23.09 (2p) (a) of the statutes is amended to read:
23.09 (2p) (a) The department of tourism and parks shall determine the value of land donated to the department state that is within the project boundaries of a state park, a state trail, a southern state forest, a state roadside park or a state recreation area. The department of natural resources shall determine the value of land donated to the state that is within the project boundaries of a state natural resources management area or of a state forest that is not a southern state forest. If the donation involves the transfer of the title in fee simple absolute or other arrangement for the transfer of all interest in the land to the state, the valuation shall be based on the fair market value of the land before the transfer. If the donation is a dedication transferring a partial interest in land to the state, the valuation shall be based on the extent to which the fair market value of the land is diminished by that transfer and the associated articles of dedication. If the donation involves a sale of land to the department at less than the fair market value, the valuation of the donation shall be based on the difference between the purchase price and the fair market value.
SECTION 1234. 23.09 (2p) (b) of the statutes is amended to read:
23.09 (2p) (b) Beginning July 1, 1990, and except as provided in par. (c), an amount of money equal to the value of the donation shall be released from the appropriation under s. 20.866 (2) (tz) to be used for land acquisition activities for the same project for which any donation was made on or after August 9, 1989. This paragraph does not apply to transfers of land from agencies other than the department of natural resources and the department of tourism and parks.
SECTION 1235. 23.09 (2q) (c) of the statutes is amended to read:
23.09 (2q) (c) More than $500,000 for the ice age trail under ss. 23.17 and 23.293 27.0135 and 27.0136 and for grants for the ice age trail under s. 23.096.
SECTION 1236. 23.09 (3) of the statutes is amended to read:
23.09 (3) INTERDEPARTMENTAL COOPERATION. The department shall cooperate with the several state department of tourism and parks and other departments and officials in the conduct of matters in which the interests of the respective departments or officials overlap. The cooperating agencies may provide by agreement for the manner of sharing expenses and responsibilities under this subsection.
SECTION 1237. 23.09 (12) (a) of the statutes is amended to read:
23.09 (12) (a) The county board of any county which, by resolution, indicates its desire to plan and carry out a program of coordinated fish management projects or game management projects may make application to the department for the allocation and apportionment of funds for state aids appropriated for such purposes by s. 20.370 (4) (as) (5) (ar).
SECTION 1238. 23.09 (12) (c) of the statutes is amended to read:
23.09 (12) (c) State aid under this subsection to any county shall be distributed by the department according to the procedures adopted by the natural resources board department. State aid granted to any county under this subsection shall be matched by the county and the state's share may not exceed one-half of the actual cost of the project. Personnel, equipment and materials furnished by the county may be included in computing the county share contribution.
SECTION 1239. 23.09 (13) of the statutes is repealed.
SECTION 1240. 23.09 (17m) (title) of the statutes is amended to read:
23.09 (17m) (title) GRANTS TO COUNTIES FOR THE DEVELOPMENT OF WILDLIFE HABITAT ON COUNTY FORESTS.
SECTION 1241. 23.09 (17m) (a) of the statutes is amended to read:
23.09 (17m) (a) The county board of any county, which by resolution indicates its desire to improve the natural environment for game and nongame species on county lands entered under s. 28.11, may make application to the department for the allocation of funds appropriated for such purposes by s. 20.370 (4) (bq) (5) (as).
SECTION 1242. 23.09 (17m) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
23.09 (17m) (a) The county board of any county, which by resolution indicates its desire to improve the natural environment for game and nongame species wildlife on county lands entered under s. 28.11, may make application to the department for the allocation of funds appropriated for such purposes by s. 20.370 (5) (as).
****NOTE: This is reconciled s. 23.09 (17m) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-0869 and LRB-0937.
SECTION 1243. 23.09 (17m) (b) of the statutes is amended to read:
23.09 (17m) (b) The annual appropriation for each county shall not exceed 5 cents for each acre entered under s. 28.11, but any funds remaining from the appropriation made by s. 20.370 (4) (bq) (5) (as) and unallocated to the counties on March 31 of each year may be allotted to any county in an amount not to exceed an additional 5 cents per acre under the procedure established in this subsection. These aids shall be used to undertake management activities provided in the comprehensive county forest land use plan and included in the annual work plan and budget.
SECTION 1244. 23.09 (17m) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
23.09 (17m) (b) The annual appropriation allocation for each county shall not exceed 5 10 cents for each acre entered under s. 28.11, but any funds remaining from the appropriation made by s. 20.370 (5) (as) and unallocated to the counties on March 31 of each year may be allotted to any county in an amount not to exceed an additional 5 10 cents per acre under the procedure established in this subsection. These aids shall be used to undertake wildlife management activities provided in the comprehensive county forest land use plan and included in the annual work plan and budget.
****NOTE: This is reconciled s. 23.09 (17m) (b). This SECTION has been affected by drafts with the following LRB numbers: LRB-0869 and LRB-0937.
SECTION 1245. 23.09 (17m) (c) of the statutes is amended to read:
23.09 (17m) (c) Management Wildlife management operations shall be limited to approved projects designed to benefit both game and nongame species and the natural environment wildlife, its habitat and the overall health and diversity of native plant and animal communities.
SECTION 1246. 23.09 (17m) (d) of the statutes is amended to read:
23.09 (17m) (d) Application shall be made in the manner and on forms prescribed by the department. The as part of the comprehensive county forest land use plan prepared under s. 28.11. Before approving the plan, the department shall investigate all project proposals to satisfy itself make certain that the project is feasible, desirable and consistent with such plans the plan. If the department so finds, it may make advance payment as it determines to be reasonable and proper approves the plan, the department shall pay the aids to the game wildlife management fund account of any the county. The county's wildlife management fund shall be a nonlapsing account except as provided in pars. (h) and (hg).
SECTION 1247. 23.09 (17m) (e) of the statutes is repealed.
SECTION 1248. 23.09 (17m) (f) of the statutes is amended to read:
23.09 (17m) (f) Completion of such projects authorized by the department shall be certified by a representative of the department. All records of receipts and expenditures from the county game wildlife management fund account shall be available to the department for inspection and audit at any time.
SECTION 1249. 23.09 (17m) (g) of the statutes is amended to read:
23.09 (17m) (g) Any unauthorized expenditures from the county game wildlife management fund account shall be restored to such fund upon demand by the department and if not restored shall become a charge against the county and the secretary of state shall include such unpaid sums in the state tax levy of the respective counties in subsequent years.
SECTION 1250. 23.09 (17m) (h) of the statutes is repealed and recreated to read:
23.09 (17m) (h) If the amount of the unencumbered balance in a county's wildlife management fund account exceeds either of the following, the department may demand that the county repay to the department the excess amount to the department:
1. The amount that is equal to the sum of the allocations received by the county for the 3 previous years.
2. The amount, as determined by the department, that is required for the purposes of this subsection.
SECTION 1251. 23.09 (17m) (hg) of the statutes is created to read:
23.09 (17m) (hg) If the unencumbered balance in a county's wildlife management fund exceeds both of the amounts specified in par. (h) 1. and 2., the department may demand that the county repay either excess amount.
SECTION 1252. 23.09 (17m) (hr) of the statutes is created to read:
23.09 (17m) (hr) If the county fails to comply with the department's demand under par. (h) or (hg), the applicable excess amount shall become a charge against the county, and the secretary of state shall include the amount in the state tax levy of the county in subsequent years.
SECTION 1253. 23.09 (17m) (i) of the statutes is amended to read:
23.09 (17m) (i) Expenditures under this subsection on any land withdrawn from s. 28.11 and the title to which is transferred by the county to other than a public agency shall be reimbursed to the department in an amount not to exceed the prorated value of the remaining useful lifetime of the wildlife habitat development.
SECTION 1254. 23.09 (18) (b) of the statutes is amended to read:
23.09 (18) (b) The amount of the payment made in a fiscal year to an eligible county shall equal the county's proportionate share of the moneys appropriated under s. 20.370 (4) (au) (5) (br) for the fiscal year. An eligible county's proportionate share shall equal the number of acres within its boundaries that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on July 1 of the fiscal year divided by the total number of acres that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on that same date and that are within the boundaries of counties that are eligible for payments under this section, multiplied by the amount appropriated under s. 20.370 (4) (au) (5) (br) for the fiscal year.
SECTION 1255. 23.09 (21m) of the statutes is amended to read:
23.09 (21m) ENVIRONMENTAL CLEANUP. The department may engage in environmental clean-up activities on the lands under its ownership, management, supervision or control or on the lands under the ownership, management, supervision or control of the department of tourism and parks.
SECTION 1256. 23.09 (22) of the statutes is repealed.
SECTION 1257. 23.09 (23) of the statutes is repealed.
SECTION 1258. 23.09 (25) (a) of the statutes is amended to read:
23.09 (25) (a) The department shall administer an off-the-road Type 1 motorcycle recreational aid program from moneys appropriated under s. 20.370 (4) (bv) (5) (cv). The department shall distribute these funds to towns, villages, cities, counties and federal agencies for the acquisition, development, operation and maintenance of off-the-road Type 1 motorcycle trails and facilities. The department may distribute these funds before July 1, 1989, to towns, villages, cities, counties and federal agencies for the acquisition, development, operation and maintenance of all-terrain vehicle areas and trails if these areas and trails are also available for use by off-the-road Type 1 motorcycles. In addition, the department may expend moneys appropriated under s. 20.370 (4) (bv) (5) (cv) for the development and maintenance of existing off-the-road Type 1 motorcycle trails at the Black River state forest and the Bong state recreation area.
SECTION 1259. 23.09 (26) (am) 2. of the statutes is amended to read:
23.09 (26) (am) 2. Enter into agreements with the department of natural resources to use for snowmobile trails, facilities or areas lands owned or leased by the department of natural resources or the department of tourism and parks. No lands of the department of natural resources or of the department of tourism and parks that are to be used for snowmobiling purposes within the meaning of this subsection may be obtained through condemnation.
SECTION 1260. 23.091 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 27.0132.
****NOTE: This is reconciled s. 23.091. The section has been affected by LRB-2161 and LRB-1779.
SECTION 1261. 23.091 (2) of the statutes is amended to read:
23.091 (2) MASTER PLAN. The department may designate a recreational area only after a master plan for use and management of the area is prepared, public hearings on the plan are held in the county where the largest portion of land in the project is located, the procedures prescribed in s. 1.11 are complied with, and the plan is approved by the natural resources board secretary.
SECTION 1262. 23.0913 of the statutes is created to read:
23.0913 Natural resource management areas. The department may acquire, develop, operate and maintain land that provides multiple natural resource values, including scenic, environmental, recreational or other natural values. The department shall designate the land as a state natural resource management area. The department may name a state natural resource management area after a predominant natural feature that is located in the area.
SECTION 1263. 23.0915 (1v) of the statutes is created to read:
23.0915 (1v) AGREEMENT BETWEEN DEPARTMENTS. (a) For each fiscal year the department of natural resources and the department of tourism and parks shall enter into an agreement establishing the amount of funding from the appropriation under s. 20.866 (2) (tz) that will be expended for each of the following:
1. General land acquisition under s. 23.09 (2dm) and (2p).
2. Ice age trail under ss. 27.0135 and 27.0136 and for grants for the ice age trail under s. 23.096.
3. For general property development under sub. (1) (b).
(b) The secretary of administration shall resolve any disputes between the departments concerning the agreement on these funding amounts.
SECTION 1264. 23.0915 (2) (d) (intro.) of the statutes is amended to read:
23.0915 (2) (d) (intro.) In a given fiscal year, in addition to expending the amount designated for a purpose under sub. (1) (a) or (c) to (k), or the amount equal to the expenditure limit for that purpose, as adjusted under pars. (a) and (b), whichever amount is applicable, the department may also expend for that purpose up to 50% of the designated amount for that purpose for the given fiscal year for a project or activity if the natural resources board secretary determines all of the following:
SECTION 1265. 23.0915 (2m) (a) of the statutes is amended to read:
23.0915 (2m) (a) From the moneys appropriated under s. 20.866 (2) (tz), the department of natural resources shall set aside for the period of time specified in sub. (1) (L) $400,000 to be used spent by the department of tourism and parks only for the development of a state park to be located in the Menomonee valley in the city of Milwaukee and to be designated as the Henry Aaron State Park.
SECTION 1266. 23.0915 (2m) (b) of the statutes is amended to read:
23.0915 (2m) (b) Before spending any of the moneys set aside under par. (a), the department of tourism and parks, in consultation with the city of Milwaukee and other interested parties, shall develop a plan to finance the state park.
SECTION 1267. 23.096 (2) of the statutes is amended to read:
23.096 (2) The department may award grants to nonprofit conservation organizations to acquire property for the purposes described in ss. 23.09 (19), 23.092, 23.094, 23.17, 23.175, 23.27, 23.29, 23.293 27.0135, 27.0136 and 30.277 (2) (a). For grants for the purposes described in ss. 27.0135 and 27.0136, the department of tourism and parks shall determine the recipients of the grants and the amounts of the grants.
SECTION 1268. 23.096 (3) (intro.) of the statutes is amended to read:
23.096 (3) (intro.) In Except as provided in sub. (3m), in order to receive a grant under this section, the nonprofit conservation organization shall enter into a contract with the department that contains all of the following provisions:
SECTION 1269. 23.096 (3m) of the statutes is created to read:
23.096 (3m) In order to receive a grant under this section for the purposes described in ss. 27.0135 and 27.0136, the nonprofit conservation organization shall enter into a contract with the department of tourism and parks that contains all of the provisions under sub. (3).
SECTION 1270. 23.096 (4) (a) 1. of the statutes is amended to read:
23.096 (4) (a) 1. The department that entered into the contract under sub. (3) approves the subsequent sale or transfer.
SECTION 1271. 23.096 (4) (a) 2. of the statutes is amended to read:
23.096 (4) (a) 2. The party to whom the property is sold or transferred enters into a new contract with the department specified in subd. 1. that contains the provisions under sub. (3).