23.0915 (2m) (title) MONEYS FOR HENRY HANK AARON STATE PARK STATE TRAIL.
SECTION 663n. 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 shall set aside for the period of time specified in sub. (1) (L) $400,000 to be used 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 Hank Aaron State Park Trail.
SECTION 663o. 23.0915 (2m) (b) of the statutes is repealed.
SECTION 663p. 23.0915 (2m) (c) of the statutes is renumbered 23.0915 (2m) (g) and amended to read:
23.0915 (2m) (g) None of the moneys set aside under par. (a) this subsection may be expended for stadium parking or for any other purpose not directly related to the development of the state park Hank Aaron State Trail.
SECTION 663q. 23.0915 (2m) (e) of the statutes is amended to read:
23.0915 (2m) (e) From the moneys appropriated under s. 20.866 (2) (tz), the department shall set aside for the period of time specified in sub. (1) (Lg) $290,000 for the Henry Hank Aaron State Park Trail in the Henry Aaron State Park.
SECTION 663r. 23.0915 (2m) (f) of the statutes is created to read:
23.0915 (2m) (f) From the moneys appropriated under s. 20.866 (2) (tz), the department shall set aside $670,000 for the Hank Aaron State Trail. For purposes of sub. (1) moneys expended under this paragraph shall be treated as follows:
1. As moneys expended for urban rivers, $400,000.
2. As moneys expended for stream bank protection, $200,000.
3. As moneys expended for urban green space, $70,000.
SECTION 663rm. 23.0915 (2p) of the statutes is created to read:
23.0915 (2p) UPPER WHITING PARK. From the appropriation under s. 20.866 (2) (tz), the department shall provide to the village of Whiting $38,000 in fiscal year 1999-2000 for the development of Upper Whiting Park. Notwithstanding s. 23.09 (20) (b), the 50% matching requirement under s. 23.09 (20) (b) does not apply to the state aid provided under this subsection. For purposes of sub. (1), moneys provided under this subsection shall be treated as moneys for local park aids.
SECTION 663s. 23.0915 (3) (a) of the statutes is amended to read:
23.0915 (3) (a) From the moneys appropriated under s. 20.866 (2) (tz), the department shall set aside during fiscal year 1991-92 for the period of time specified in sub. (1) (m) $250,000 for a project to develop a vacant building to be used as an interpretative and administrative center for the Horicon marsh Marsh area. Expenditures under this paragraph shall be made in a manner that, for every $3 received by the department from private grants, gifts or bequests for the project, $1 will be expended from the moneys under this paragraph.
SECTION 663t. 23.0915 (3m) (a) of the statutes is amended to read:
23.0915 (3m) (a) From the moneys appropriated under s. 20.866 (2) (tz), the department shall set aside during fiscal year 1997-98 for the period of time specified in sub. (1) (n) $250,000 for a project to construct and equip a wildlife education center for Crex Meadows Wildlife Area. Expenditures under this paragraph shall be made in a manner that, for every $3 received by the department from private grants, gifts or bequests for the project, $1 will be expended from the moneys under this paragraph.
SECTION 663u. 23.0917 of the statutes is created to read:
23.0917 Warren Knowles-Gaylord Nelson stewardship 2000 program. (1) DEFINITIONS. In this section:
(a) "Annual bonding authority" means the amount that may be obligated under a subprogram for a fiscal year.
(b) "Baraboo Hills" means the area that is within the boundaries of Baraboo Range National Natural Landmark.
(c) "Department land" means an area of land that is owned by the state, that is under the jurisdiction of the department and that is used for one of the purposes specified in s. 23.09 (2d).
(d) "Land" means land in fee simple, conservation easements, other easements in land and development rights in land.
(e) "Obligate" means to encumber or otherwise commit or to expend without having previously encumbered or otherwise committed.
(f) "Owner's acquisition price" means the amount equal to the price the owner paid for the land or if the owner acquired the land as a gift or devise, the amount equal to the appraised value of the land at the time it was transferred to the owner.
(g) "Remaining bonding authority" means the amount of moneys that has not been obligated.
(2) ESTABLISHMENT. (a) The department shall establish the following subprograms for conservation and recreational purposes under the Warren Knowles-Gaylord Nelson stewardship 2000 program:
1. A subprogram for land acquisition purposes.
2. A subprogram for property development and local assistance.
(b) No moneys may be obligated from the appropriation under s. 20.866 (2) (ta) before July 1, 2000.
(3) LAND ACQUISITION SUBPROGRAM. (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the department may obligate moneys under the subprogram for land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and grants for these purposes under s. 23.096.
(b) In obligating moneys under the subprogram for land acquisition, the department shall set aside in each fiscal year $3,000,000 that may be obligated only for state trails and the ice age trail and for grants for the state trails and the ice age trails under s. 23.096. The period of time during which the moneys shall be set aside in each fiscal year shall begin on the July 1 of the fiscal year and end on the June 30 of the same fiscal year.
(c) In obligating moneys under the subprogram for land acquisition, the department shall give priority to all of the following purposes and to awarding grants under s. 23.096 for all the following purposes:
1. Acquisition of land that preserves or enhances the state's water resources, including land in and for the Lower Wisconsin State Riverway; land abutting wild rivers designated under s. 30.26, wild lakes and land along the shores of the Great Lakes.
2. Acquisition of land for the stream bank protection program under s. 23.094.
3. Acquisition of land for habitat areas and fisheries under s. 23.092.
4. Acquisition of land for natural areas under ss. 23.27 and 23.29.
5. Acquisition of land for bluff protection under s. 30.24.
6. Acquisition of land in the middle Kettle Moraine.
7. Acquisition of land in the Baraboo Hills for conservation purposes.
(d) Except as provided in sub. (5), the department may not obligate under the subprogram for land acquisition more than $31,000,000 in each fiscal year.
(e) For purposes of this subsection, the department by rule shall define "wild lake".
(4) PROPERTY DEVELOPMENT AND LOCAL ASSISTANCE SUBPROGRAM. (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the department may obligate moneys under the subprogram for property development and local assistance. Moneys obligated under this subprogram may be only used for nature-based outdoor recreation.
(b) The purposes for which moneys may be obligated for local assistance under the subprogram for property development and local assistance are the following:
1. Grants for urban green space under ss. 23.09 (19) and 23.096.
2. Grants for local parks under ss. 23.09 (20) and 23.096.
3. Grants for acquisition of property development rights under ss. 23.09 (20m) and 23.096.
4. Grants for urban rivers under ss. 23.096 and 30.277.
(c) The purposes for which moneys may be obligated for property development under the subprogram for property development and local assistance are the following:
1. Property development of department lands.
2. Property development on conservation easements adjacent to department lands.
3. Grants under s. 23.098.
(d) In obligating moneys under the subprogram for property development and local assistance, all of the following shall apply:
1. The department may obligate not more than $9,400,000 in each fiscal year under the subprogram except as provided in sub. (5).
2. The department may obligate not more than $8,000,000 in each fiscal year for local assistance.
3. The department shall obligate at least $1,400,000 in each fiscal year for property development.
(e) Under the subprogram for property development and local assistance, the department shall give priority to funding for the establishment and development of a state park which provides access to Lake Michigan in the city of Milwaukee.
(f) For purposes of this subsection, the department by rule shall define "nature-based outdoor recreation".
(5) ADJUSTMENTS FOR SUBSEQUENT FISCAL YEARS. (a) If for a given fiscal year the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that is less than the annual bonding authority for that subprogram for that given fiscal year, the department shall adjust the annual bonding authority for that subprogram by raising the annual bonding authority, as it may have been previously adjusted under this paragraph and par. (b), for the next fiscal year by the amount that equals the difference between the amount authorized for that subprogram and the obligated amount for that subprogram in that given fiscal year.
(b) If for a given fiscal year the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that is more than the annual bonding authority for that subprogram for that given fiscal year, the department shall adjust the annual bonding authority for that subprogram by lowering the annual bonding authority, as it may have been previously adjusted under this paragraph and par. (a), for the next fiscal year by an amount equal to the remainder calculated by subtracting the amount authorized for that subprogram from the obligated amount, as it may be affected under par. (c) or (d), for that subprogram in that given fiscal year.
(c) The department may not obligate for a fiscal year an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that exceeds the amount equal to the annual bonding authority for that subprogram as it may have been previously adjusted under pars. (a) and (b), except as provided in par. (d).
(d) For a given fiscal year, in addition to obligating the amount of the annual bonding authority for a subprogram under sub. (3) or (4), or the amount equal to the annual bonding authority for that subprogram, as adjusted under pars. (a) and (b), whichever amount is applicable, the department may also obligate for that subprogram up to 100% of the annual bonding authority for that subprogram for that given fiscal year for a project or activity if the natural resources board determines that all of the following conditions apply:
1. That moneys appropriated for that subprogram to the department under s. 20.370 and the moneys appropriated for that subprogram under s. 20.866 (2) (ta), (tp) to (tw), (ty) and (tz) do not provide sufficient funding for the project or activity.
2. That any land involved in the project or activity covers a large area or the land is uniquely valuable in conserving the natural resources of the state.
3. That delaying or deferring all or part of the cost to a subsequent fiscal year is not reasonably possible.
(6) REVIEW BY JOINT COMMITTEE ON FINANCE. The department may not obligate from the appropriation under s. 20.866 (2) (ta) for a given project or activity more than $250,000 unless it first notifies the joint committee on finance in writing of the proposal. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposal, the department may obligate the moneys. If, within 14 working days after the date of the notification by the department, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposal, the department may obligate the moneys only upon approval of the committee.
(7) CALCULATION OF GRANT AMOUNTS; APPRAISALS. (a) Except as provided in pars. (b) and (c), for purposes of calculating the acquisition costs for acquisition of land under ss. 23.09 (19), (20) and (20m), 23.092 (4), 23.094 (3g), 23.096, 30.24 (4) and 30.277 from the appropriation under s. 20.866 (2) (ta), the acquisition costs shall equal the sum of the land's current fair market value and other acquisition costs, as determined by rule by the department.
(b) For land that has been owned by the current owner for less than one year, the acquisition costs of the land shall equal the owner's acquisition price.
(c) For land that has been owned by the current owner for one year or more but for less than 3 years, the acquisition costs of the land shall equal the sum of the current owner's acquisition price and the annual adjustment increase.
(d) For purposes of par. (c), the annual adjustment increase shall be calculated by multiplying the owner's acquisition price by 7.5% and by then multiplying that product by one of the following numbers:
1. By one if the land has been owned by the current owner for one year or more but for less than 2 years.
2. By 2 if the land has been owned by the current owner for 2 years or more but for less than 3 years.
(e) For any land for which moneys are proposed to be obligated from the appropriation under s. 20.866 (2) (ta) in order to provide a grant or state aid to a governmental unit under s. 23.09 (19), (20) or (20m) or 30.277 or to a nonprofit conservation organization under s. 23.096, the governmental unit or nonprofit conservation organization shall submit to the department two appraisals if the department estimates that the fair market value of the land exceeds $200,000.
(8) PROHIBITIONS AND LIMITATIONS. (a) The department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) for the acquisition of land for golf courses or for the development of golf courses.
(b) The department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) for the acquisition or development of land by a county or other local governmental unit or political subdivision if the county, local governmental unit or political subdivision acquires the land involved by condemnation.
(c) The department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) for the acquisition by a city, village or town of land that is outside the boundaries of the city, village or town unless the city, village or town acquiring the land and the city, village or town in which the land is located approve the acquisition.
(9) RULES ON LAND USE. The department shall promulgate rules to provide incentives under the Warren Knowles-Gaylord Nelson stewardship 2000 program to local units of government that submit applications for funding from the appropriation under s. 20.866 (2) (ta) for projects or activities that are consistent with local or regional land use plans and with local zoning ordinances.
(10) REPORT ON LAND PRICES. Before January 1, 2005, the department shall submit a report to the joint committee on finance and the governor that includes all of the following:
(a) Information on how changes in the prices for land, between July 1, 2000, and the date that the report is submitted, have affected the department's ability to protect land for conservation purposes.
(b) A range of options to maintain or restore the financial ability to purchase land under the Warren Knowles-Gaylord Nelson stewardship 2000 program.
(11) REQUIREMENTS FOR SIGNS. For any land which is acquired in whole or in part with moneys obligated from the appropriations under s. 20.866 (2) (ta) or (tz) or both, the department shall provide signs on the land stating that the land has been acquired with stewardship funds. The signs shall be clearly visible to the public at access points to the land or along highways or other transportation routes that provide access to the land. If the land is open to the public, the sign shall so state and shall state the purposes for which the land may be used by the public.
(12) EXPENDITURES AFTER JUNE 30, 2010. If the remaining bonding authority for a subprogram under sub. (3) or (4) on June 30, 2010, is an amount greater than zero, the department may expend any portion of this remaining bonding authority for that subprogram in one or more subsequent fiscal years.
SECTION 664. 23.0918 of the statutes is created to read:
23.0918 Natural resources land endowment fund. (1) In this section, "land" includes any buildings, facilities or other structures located on the land.
(2) Unless the natural resources board determines otherwise in a specific case, only the income from the gifts, grants or bequests in the fund is available for expenditure. The natural resources board may authorize expenditures only for preserving, developing, managing or maintaining land under the jurisdiction of the department that is used for any of the purposes specified in s. 23.09 (2) (d). In this subsection, unless otherwise provided in a gift, grant or bequest, principal and income are determined as provided under s. 701.20 (3).
SECTION 664b. 23.092 (4) of the statutes is amended to read:
23.092 (4) The department may share the costs of implementing land management practices with landowners, or with nonprofit organizations that are qualified to enhance wildlife-based recreation if these organizations have the landowner's permission to implement the practices. The department may share the costs of acquiring easements for habitat areas with landowners or with these nonprofit organizations. This subsection does not apply before July 1, 1990 If the funding for cost-sharing under this subsection will be expended from the appropriation under s. 20.866 (2) (ta), the amount expended for the cost-sharing may not exceed 50% of the cost of the management practices or of the acquisition costs for the easement.
