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).
SECTION 1272. 23.096 (4) (b) of the statutes is amended to read:
23.096 (4) (b) The nonprofit conservation organization may subsequently sell or transfer the acquired property to satisfy a debt or other obligation if the department that entered the contract under sub. (3) approves the sale or transfer.
SECTION 1273. 23.098 (2) of the statutes is renumbered 23.098 (2) (a) and amended to read:
23.098 (2) (a) The department of natural resources and the department of tourism and parks shall establish jointly administer a program to that will expend in each fiscal year up to $100,000 from the appropriation under s. 20.866 (2) (tz) for grants to friends groups for projects for property development activities in state parks or state forests.
SECTION 1274. 23.098 (2) (c) of the statutes is created to read:
23.098 (2) (c) In promulgating the rules under par. (b) that will apply to state parks or southern state forests, the department of tourism and parks must approve the criteria established before the rules are promulgated. Any dispute regarding the criteria shall be resolved by the secretary of administration determining which criteria will be promulgated.
SECTION 1275. 23.098 (2) (d) of the statutes is created to read:
23.098 (2) (d) In determining which friends group will receive a grant under this section for a state park or a southern state forest, the department of tourism and parks and the department of natural resources shall both approve each grant. Any dispute regarding which friends groups will receive a grant under this section shall be resolved by the secretary of administration.
SECTION 1276. 23.098 (3) of the statutes is renumbered 23.098 (2) (b).
SECTION 1277. 23.098 (4) (a) of the statutes is amended to read:
23.098 (4) (a) The department of tourism and parks shall periodically prepare a list of projects in state parks and state forests that are eligible for grants under this section and shall include in the list the estimated cost of each project.
SECTION 1278. 23.11 (1) of the statutes is amended to read:
23.11 (1) In addition to the powers and duties heretofore conferred and imposed upon said department by this chapter it shall have and take the general care, protection and supervision of all state parks, of all state fish hatcheries and lands used therewith, of all state forests that are not southern state forests, and of all lands owned by the state or in which it has any interests, except lands the care and supervision of which are vested in some other officer, body or board; and said department is granted such further powers as may be necessary or convenient to enable it to exercise the functions and perform the duties required of it by this chapter and by other provisions of law. But it may not perform any act upon state lands held for sale that will diminish their salable value.
SECTION 1279. 23.117 (title) of the statutes is renumbered 27.0138 (title).
SECTION 1280. 23.117 (1) of the statutes is renumbered 27.0138 (1).
SECTION 1281. 23.117 (3) of the statutes is renumbered 27.0138 (2).
SECTION 1282. 23.117 (4) of the statutes is amended to read:
23.117 (4) Any council that is created by the natural resources board under s. 15.04 (1) (c) to advise the department on the opening of trails in state parks and in the Kettle Moraine state forest for use by bicycles shall have its recommendations regarding such use reviewed and approved by the natural resources board department before they are implemented.
****NOTE: This is reconciled s. 23.117 (4). This section is affected by LRB-2161 and LRB-1779.
SECTION 1283. 23.117 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 27.0138 (3).
****NOTE: This is reconciled s. 23.117 (4). The SECTION is affected by LRB-2161 and LRB-1779.
SECTION 1284. 23.12 of the statutes is repealed.
SECTION 1285. 23.13 of the statutes is amended to read:
23.13 Governor to be informed. The board of commissioners of public lands and, the department of natural resources and the department of tourism and parks shall furnish to the governor upon the governor's request a copy of any paper, document or record in their respective offices and give the governor orally such information as the governor may call for.
SECTION 1286. 23.14 of the statutes is amended to read:
23.14 Approval required before new lands acquired. Prior to the initial acquisition of any lands by the department after July 1, 1977 by the department of natural resources or by the department of tourism and parks, for any new facility or project, the proposed initial acquisition shall be submitted to the governor for his or her approval. New facilities or projects include, without limitation because of enumeration, state parks, state forests, recreation areas, state natural resource management areas, public shooting, trapping or fishing grounds or waters, fish hatcheries, game farms, forest nurseries, experimental stations, endangered species preservation areas, picnic and camping grounds, hiking trails, cross-country ski trails, bridle trails, nature trails, bicycle trails, snowmobile trails, youth camps, land in the lower Wisconsin state riverway as defined in s. 30.40 (15), natural areas and wild rivers.
SECTION 1287. 23.15 (title) of the statutes is amended to read:
23.15 (title) Sale of certain state-owned lands under the jurisdiction of the department of natural resources.
SECTION 1288. 23.15 (1) of the statutes is amended to read:
23.15 (1) The natural resources board secretary may sell, at public or private sale, lands and structures owned by the state under the jurisdiction of the department of natural resources when the natural resources board secretary determines that said the lands are no longer necessary for the state's use for conservation purposes and, if real property, the real property is not the subject of a petition under s. 16.375 (2).
SECTION 1289. 23.15 (1m) of the statutes is created to read:
23.15 (1m) The secretary of tourism and parks may sell, at public or private sale, lands and structures owned by the state under the jurisdiction of the department of tourism and parks in the state park system when the department determines that the lands are no longer necessary for the state's use for conservation purposes and, if real property, the real property is not the subject of a petition under s. 16.375 (2).
