AB100-engrossed,463,109
23.0915
(1) (Lg) Henry Aaron State Park Trail, a total of $290,000, to be
10expended beginning in fiscal year 1997-98 and ending in fiscal year 1999-2000.
AB100-engrossed,463,1312
23.0915
(1) (Lr) Flambeau Mine Trail, a total of $100,000, to be expended
13beginning in fiscal year 1997-98 and ending in fiscal year 1999-2000.
AB100-engrossed,463,1715
23.0915
(1) (n) Crex Meadows Wildlife Area education center, a total of
16$250,000, to be expended beginning in fiscal year 1997-98 and ending in fiscal year
171999-2000.
AB100-engrossed,463,2319
23.0915
(1m) (c) The department may not expend moneys from the
20appropriation under s. 20.866 (2) (tz) for the acquisition by a city, village or town of
21land that is outside the boundaries of the city, village or town unless the city, village
22or town acquiring the land and the city, village or town in which the land is located
23approve the acquisition.
AB100-engrossed, s. 766m
24Section 766m. 23.0915 (2) (a) of the statutes is renumbered 23.0915 (2) (a) 1.
25and amended to read:
AB100-engrossed,464,9
123.0915
(2) (a) 1. Beginning with fiscal year 1990-91, if the department
2expends in a given fiscal year an amount from the moneys appropriated under s.
320.866 (2) (tz) for a purpose under sub. (1) (a) or (c) to (k) that is less than the amount
4designated for that purpose for that given fiscal year under sub. (1) (a) or (c) to (k),
5the department may adjust the expenditure limit under the stewardship program for
6that purpose by raising the expenditure limit, as it may have been previously
7adjusted under this paragraph and par. (b)
1., for the next fiscal year by the amount
8that equals the difference between the amount designated for that purpose and the
9amount expended for that purpose in that given fiscal year.
AB100-engrossed,464,1911
23.0915
(2) (a) 2. Beginning with fiscal year 1997-98, if the department
12expends in a given fiscal year an amount from the moneys appropriated under s.
1320.866 (2) (tz) for a purpose under sub. (1) (kr) that is less than the amount
14designated for that purpose for that given fiscal year under sub. (1) (kr), the
15department may adjust the expenditure limit under the stewardship program for
16that purpose by raising the expenditure limit, as it may have been previously
17adjusted under this paragraph and par. (b) 2., for the next fiscal year by the amount
18that equals the difference between the amount designated for that purpose and the
19amount expended for that purpose in that given fiscal year.
AB100-engrossed, s. 766p
20Section 766p. 23.0915 (2) (b) of the statutes is renumbered 23.0915 (2) (b) 1.
21and amended to read:
AB100-engrossed,465,622
23.0915
(2) (b) 1. Beginning with fiscal year 1990-91, if the department
23expends in a given fiscal year an amount from the moneys appropriated under s.
2420.866 (2) (tz) for a purpose under sub. (1) (a) or (c) to (k) that is more than the amount
25designated for that purpose for that given fiscal year under sub. (1) (a) or (c) to (k),
1the department shall adjust the expenditure limit under the stewardship program
2for that purpose by lowering the expenditure limit, as it may have been previously
3adjusted under this paragraph and par. (a)
1., for the next fiscal year by an amount
4equal to the remainder calculated by subtracting the amount designated for that
5purpose from the amount expended, as it may be affected under par. (c) or (d), for that
6purpose in that given fiscal year.
AB100-engrossed,465,178
23.0915
(2) (b) 2. Beginning with fiscal year 1997-98, if the department
9expends in a given fiscal year an amount from the moneys appropriated under s.
1020.866 (2) (tz) for a purpose under sub. (1) (kr) that is more than the amount
11designated for that purpose for that given fiscal year under sub. (1) (kr), the
12department shall adjust the expenditure limit under the stewardship program for
13that purpose by lowering the expenditure limit, as it may have been previously
14adjusted under this paragraph and par. (a) 2., for the next fiscal year by an amount
15equal to the remainder calculated by subtracting the amount designated for that
16purpose from the amount expended, as it may be affected under par. (c) or (d), for that
17purpose in that given fiscal year.
AB100-engrossed,465,2319
23.0915
(2) (c) The department may not expend in a fiscal year an amount from
20the moneys appropriated under s. 20.866 (2) (tz) for a purpose under sub. (1) (a) or
21(c) to
(k) (kr) that exceeds the amount equal to the expenditure limit for that purpose
22as it may have been previously adjusted under pars. (a) and (b), except as provided
23in par. (d).
AB100-engrossed,466,6
123.0915
(2) (d) (intro.) In a given fiscal year, in addition to expending the
2amount designated for a purpose under sub. (1) (a) or (c) to
(k) (kr), or the amount
3equal to the expenditure limit for that purpose, as adjusted under pars. (a) and (b),
4whichever amount is applicable, the department may also expend for that purpose
5up to 50% of the designated amount for that purpose for the given fiscal year for a
6project or activity if the natural resources board determines all of the following:
AB100-engrossed,466,108
23.0915
(2j) Flambeau Mine Trail. (a) From the moneys appropriated under
9s. 20.866 (2) (tz), before June 30, 2000, the department shall expend $100,000 for the
10Flambeau Mine Trail and Rusk County visitor center.
AB100-engrossed,466,1211
(b) For purposes of sub. (1) and s. 23.17, moneys expended under this
12subsection shall be treated as moneys expended for trails.
AB100-engrossed,466,1614
23.0915
(2m) (e) From the moneys appropriated under s. 20.866 (2) (tz), the
15department shall set aside for the period of time specified in sub. (1) (Lg) $290,000
16for the Henry Aaron State Park Trail in the Henry Aaron State Park.
AB100-engrossed,466,1817
(em) For purposes of sub. (1), moneys expended under par. (e) shall be treated
18as moneys expended for wildlife habitat restoration under s. 23.092.
AB100-engrossed,466,2320
23.0915
(2r) Acquisition of Grandfather Falls Recreation Area. (a) Subject
21to par. (b), from the appropriation under s. 20.866 (2) (tz), the department shall
22expend the moneys necessary to purchase approximately 1,485 acres of land in
23Lincoln County that is commonly known as the Grandfather Falls Recreation Area.
AB100-engrossed,466,2524
(b) The department may not expend more than $2,138,000 for the land specified
25under par. (a).
AB100-engrossed,467,3
1(c) For purposes of sub. (1), moneys expended under par. (a) may be treated as
2moneys expended for any of the purposes specified under sub. (1) (a) to (k) or any
3combination of those purposes.
AB100-engrossed,467,95
23.0915
(2s) Development of abandoned rail corridor. (a) From the
6appropriation under s. 20.866 (2) (tz), the department may expend up to $1,750,000
7to develop a state trail, to be designated the Badger Trail, that is located on the
8portion of an abandoned railroad corridor running between Madison and Freeport,
9Illinois, that is located in Dane and Green counties.
AB100-engrossed,467,1510
(b) For purposes of sub. (1), moneys expended under par. (a) may be treated as
11moneys expended for any of the purposes specified under sub. (1) (a) to (k) or any
12combination of those purposes. Notwithstanding s. 23.175 (3) (a), the abandoned
13railroad corridor need not be under the ownership or jurisdiction of the department.
14Notwithstanding s. 23.175 (3) (b) 1. and 2., no matching gift, grant, bequest or land
15need be donated for the trail.
AB100-engrossed,467,2317
23.0915
(3m) Crex Meadows Wildlife Area education center. (a) From the
18moneys appropriated under s. 20.866 (2) (tz), the department shall set aside during
19fiscal year 1997-98 for the period of time specified in sub. (1) (n) $250,000 for a project
20to construct and equip a wildlife education center for Crex Meadows Wildlife Area.
21Expenditures under this paragraph shall be made in a manner that, for every $3
22received by the department from private grants, gifts or bequests for the project, $1
23will be expended from the moneys under this paragraph.
AB100-engrossed,467,2524
(b) The department shall expedite the planning, design and development of the
25education center.
AB100-engrossed,468,2
1(c) For purposes of sub. (1), moneys set aside by the department under this
2subsection shall be treated as moneys for general property development.
AB100-engrossed,468,54
23.094
(2) (c) 2. The
erosion control
land and resource management planning
5program under s. 92.10.
AB100-engrossed,468,8
723.0945 Bluff protection program. (1) Definition. In this section, "local
8governmental unit" means a city, village, town or county.
AB100-engrossed,468,13
9(2) Grants. The department shall establish a program, beginning in fiscal year
101997-98, to expend from the appropriation under s. 20.866 (2) (tz) moneys for grants
11to local governmental units and to nonprofit conservation organizations under s.
1223.096 to acquire bluff land for the purposes of environmental protection and
13environmental management.
AB100-engrossed,468,15
14(3) Amount of grant. A bluff protection grant awarded under this section or
15s. 23.096 may not exceed 50% of the cost of acquiring the bluff land.
AB100-engrossed,468,19
16(4) Limit on spending. Except as provided in s. 23.0915 (2), the department in
17each fiscal year may not expend from the appropriation under s. 20.866 (2) (tz) more
18than $500,000 for bluff protection grants awarded under this section or under s.
1923.096.
AB100-engrossed,468,23
20(5) Rules. The department shall promulgate rules to administer and
21implement this section, including standards for awarding bluff land protection
22grants under this section and under s. 23.096. The department by rule shall define
23"bluff land" for purposes of this section.
AB100-engrossed,469,3
123.096
(2) The department may award grants to nonprofit conservation
2organizations to acquire property for the purposes described in ss. 23.09 (19)
and
3(20), 23.092, 23.094,
23.0945, 23.17, 23.175, 23.27, 23.29, 23.293 and 30.277 (2) (a).
AB100-engrossed,469,12
523.0962 Grant to a nonprofit conservation organization for Black
6Point Estate. (1) If the department of administration acquires as a gift the
7property, known as Black Point Estate, that is located on Lake Geneva in the county
8of Walworth, town of Linn, in fractional Sec. 8, T. 1 N., R. 17 E., and if the joint
9committee on finance approves the gift under s. 20.907 (1), the department of natural
10resources shall make a grant of $1,800,000, from the appropriation under s. 20.370
11(5) (cq), to a nonprofit conservation organization that meets all of the following
12requirements:
AB100-engrossed,469,1613
(a) The nonprofit conservation organization is a nonprofit corporation, a
14charitable trust or other nonprofit association that is described in section
501 (c) (3)
15of the Internal Revenue Code and is exempt from federal tax under section
501 (a)
16of the Internal Revenue Code.
AB100-engrossed,469,1817
(b) The nonprofit conservation organization has, as its primary purpose, the
18preservation of the property known as Black Point Estate.
AB100-engrossed,469,2219
(c) The nonprofit conservation organization has a board of directors that
20consists of representatives of the state, of the family who donated Black Point Estate
21to the state, of local units of government that have an interest in Black Point Estate
22and of civic organizations that have an interest in Black Point Estate.
AB100-engrossed,470,223
(d) The nonprofit conservation organization acquires a conservation easement
24in the property, the terms of which are subject to approval of the department of
1natural resources, to be held by the organization for the purpose of preserving Black
2Point Estate.
AB100-engrossed,470,63
(e) The nonprofit conservation organization makes a commitment, with
4guarantees determined to be adequate by the department of natural resources, to use
5the grant under this section and any additional funds donated to the organization
6to fund an endowment for the operation and maintenance of Black Point Estate.
AB100-engrossed,470,9
7(2) If the nonprofit conservation organization does not use the grant under this
8section in the manner required under sub. (1) (e), the nonprofit conservation
9organization shall reimburse the department in an amount equal to the grant.
AB100-engrossed,470,1611
23.15
(1) The natural resources board may sell, at public or private sale
or as
12provided in sub. (2r), lands and structures owned by the state under the jurisdiction
13of the department of natural resources when the natural resources board determines
14that said lands are no longer necessary for the state's use for conservation purposes
15and, if real property, the real property is not the subject of a petition under s. 16.375
16(2).
AB100-engrossed,470,2218
23.15
(2m) (a) (intro.) Notwithstanding sub. (1), the natural resources board
19shall sell, at fair market value
or as provided in sub. (2r), land in the lower Wisconsin
20state riverway, as defined in s. 30.40 (15), that is not exempt under s. 30.48 (2) and
21that is acquired by the department after August 9, 1989, if all of the following
22conditions are met:
AB100-engrossed,470,2424
23.15
(2r) (a) In this subsection:
AB100-engrossed,470,2525
1. "Immediate family member" means a spouse, brother, sister, parent or child.
AB100-engrossed,471,1
12. "Land" includes any structures on the land.
AB100-engrossed,471,72
(b) If the department offers land for sale, the department shall offer the first
3right to purchase the land to all of the owners from whom the department acquired
4the land. In order to exercise this right, an owner shall make a bona fide offer to
5purchase the land. If no owner exercises this right, the department shall next offer
6the right to purchase to the immediate family members of all of the owners. This
7paragraph applies without regard to when the land was acquired.
AB100-engrossed,471,119
23.175
(4m) Priority for brownfields. In awarding grants for trails under s.
1023.096, the department shall give higher priority for projects related to brownfields
11redevelopment, as defined in s. 23.09 (19) (a) 1.
AB100-engrossed,471,1814
23.196
(2) (b) For the purpose of establishing the Willow flowage project, the
15department may expend up to an amount equal to the total amount available for the
16purchase of land. For purposes of ss. 23.09
(2r) (a)
(2q) and 23.0915 (1), moneys
17expended under this paragraph shall be treated as moneys expended for the lower
18Wisconsin state riverway acquisition.
AB100-engrossed,472,820
23.27
(3) (a)
Duties. The department, with the advice of the council, shall
21conduct a natural heritage inventory program. The department shall cooperate with
22the land information board under s. 16.967 in conducting this program. This
23program shall establish a system for determining the existence and location of
24natural areas, the degree of endangerment of natural areas, an evaluation of the
25importance of natural areas, information related to the associated natural values of
1natural areas and other information and data related to natural areas. This program
2shall establish a system for determining the existence and location of native plant
3and animal communities and endangered, threatened and critical species, the
4degree of endangerment of these communities and species, the existence and location
5of habitat areas associated with these communities and species and other
6information and data related to these communities and species. This program shall
7establish and coordinate standards for the collection, storage
, recall and display of 8and management of information and data related to the natural heritage inventory.
AB100-engrossed, s. 769ad
9Section 769ad. 23.27 (3) (a) of the statutes, as affected by 1997 Wisconsin Act
10.... (this act), is amended to read:
AB100-engrossed,472,2411
23.27
(3) (a)
Duties. The department, with the advice of the council, shall
12conduct a natural heritage inventory program.
The department shall cooperate with
13the land information board under s. 16.967 in conducting this program. This
14program shall establish a system for determining the existence and location of
15natural areas, the degree of endangerment of natural areas, an evaluation of the
16importance of natural areas, information related to the associated natural values of
17natural areas and other information and data related to natural areas. This program
18shall establish a system for determining the existence and location of native plant
19and animal communities and endangered, threatened and critical species, the
20degree of endangerment of these communities and species, the existence and location
21of habitat areas associated with these communities and species and other
22information and data related to these communities and species. This program shall
23establish and coordinate standards for the collection, storage and management of
24information and data related to the natural heritage inventory.
AB100-engrossed,473,11
123.27
(3) (b)
Access to information; fees. The department shall make
2information
and data from the natural heritage inventory program available to any
3individual or public or private agency for research, educational, environmental, land
4management or similar authorized purposes. The department may establish a fee
5to be
charged collected to recover the actual cost of
collecting, storing, managing, 6compiling and providing this information
and data. The department may reduce or
7waive the fee established under this paragraph if the department determines that
8a waiver or reduction of the fee is in the public interest. The natural heritage
9inventory and related
information and data are not subject to s. 19.35 and the
10department may refuse to release information
or data for any purpose which is not
11authorized.
AB100-engrossed,473,2113
23.27
(4) Natural areas land acquisition; continuing commitment. It is the
14intent of the legislature to continue natural areas land acquisition activities from
15moneys available from the appropriation under ss. 20.370
(1) (kb) (7) (fa) and 20.866
16(2) (ts) and (tz). This commitment is separate from and in addition to the
17commitment to acquire natural areas under the Wisconsin natural areas heritage
18program. Except as provided in s. 23.0915 (2), the department may not expend under
19s. 20.866 (2) (tz) more than $1,500,000 in each fiscal year for natural areas land
20acquisition activities under this subsection and for grants for this purpose under s.
2123.096.
AB100-engrossed,473,2523
23.27
(7) Sale of resources. Moneys received from the sale or lease of
24resources derived from the land in the state natural areas system shall be credited
25to the appropriation under s. 20.370 (1) (fs).
AB100-engrossed,474,122
23.293
(4) Contributions and gifts; state match. The department may accept
3contributions and gifts for the ice age trail program. The department may convert
4gifts of land which it determines are not appropriate for the ice age trail program into
5cash. The department may convert other noncash contributions and gifts into cash.
6These moneys shall be deposited in the general fund and credited to the
7appropriation under s. 20.370
(1) (gg) (7) (gg). An amount equal to the value of all
8contributions and gifts shall be released from the appropriation under s. 20.866 (2)
9(tw) or (tz) or both to be used for land acquisition and development activities under
10s. 23.17. The department shall determine how the moneys being released are to be
11allocated from these appropriations. No moneys may be released under s. 20.866 (2)
12(tz) before July 1, 1990.
AB100-engrossed,474,1815
23.325
(1) (a) Shall consult with the
land information board, the department
16of transportation and the state cartographer, and may consult with other potential
17users of the photographic products resulting from the survey, to determine the scope
18and character of the survey.
AB100-engrossed,474,2120
23.33
(1) (id) "Lac du Flambeau band" means the Lac du Flambeau band of
21Lake Superior Chippewa.
AB100-engrossed,474,2523
23.33
(1) (ie) "Lac du Flambeau reservation" means the territory within the
24boundaries of the Lac du Flambeau reservation that were in existence on April 10,
251996.
AB100-engrossed,475,112
23.33
(2) (a)
Requirement. No person may operate and no owner may give
3permission for the operation of an all-terrain vehicle within this state unless the
4all-terrain vehicle is registered for public use or for private use
with the department 5under this
section subsection or sub. (2g), is exempt from registration or is operated
6with a reflectorized plate attached in the manner specified under par. (dm) 3. No
7person may operate and no owner may give permission for the operation of an
8all-terrain vehicle on a public all-terrain vehicle route or trail unless the all-terrain
9vehicle is registered for public use
with the department under this
section subsection
10or sub. (2g), is exempt from registration or is operated with a reflectorized plate
11attached in the manner specified under par. (dm) 3.