27.01 (10) (e) Determination of residency. The department departments shall base
its their determination of whether a camping party is a resident or nonresident camping party upon the residency of the person who applies for a reservation under sub. (11) at the time the application for reservation is made or, if no reservation is made, the residency of the person who registers for the campsite at the time of registration.
16,1153Lm
Section 1153Lm. 27.01 (10) (f) of the statutes is amended to read:
27.01 (10) (f) Waiver of fees; special fees. The department departments may waive camping fees, charge additional camping fees or charge special fees instead of camping fees for certain classes of persons or
groups, certain areas, certain types of camping or times of the year and for admission to special events.
16,1153Ln
Section 1153Ln. 27.01 (10) (g) (intro.) of the statutes is amended to read:
27.01 (10) (g) Additional camping fees. (intro.) Besides the additional camping fees authorized under par. (f), the department departments may charge:
16,1153Lp
Section 1153Lp. 27.01 (10) (h) of the statutes is amended to read:
27.01 (10) (h) Increased camping fees. In addition to its their authority under par. (f), the department departments shall determine which state campgrounds under their supervision and management are located in areas where local market conditions justify the establishment of higher camping fees to be charged by the department. For these state campgrounds, the department departments. The departments shall promulgate rules for state campgrounds under their supervision and management to establish higher camping fees to be based on the applicable local market conditions.
16,1153Lq
Section 1153Lq. 27.01 (11) (a) of the statutes is amended to read:
27.01 (11) (a) Authorization. The department of natural resources and the department of forestry may establish and jointly operate a campground reservation system for state campgrounds in state parks, state forests and on other lands under the either department's supervision and control. The department management and may participate with owners of private campgrounds in a cooperative reservation system.
16,1153Ls
Section 1153Ls. 27.01 (11) (cm) 1. of the statutes is amended to read:
27.01 (11) (cm) 1. The department may enter into a contract with another party to operate the campground reservation system that the department establishes under par. (a).
16,1153Lt
Section 1153Lt. 27.01 (11) (cm) 2. of the statutes is amended to read:
27.01 (11) (cm) 2. A contract entered into under this paragraph shall require that the department retain $1 of each reservation fee collected shall be retained by the department of natural resources or the department of forestry. The departments shall enter an agreement to determine how these moneys will be allocated for use between the departments. The secretary of administration shall resolve any disputes between the departments concerning this agreement.
16,1153Lu
Section 1153Lu. 27.01 (11) (i) of the statutes is amended to read:
27.01 (11) (i) Cooperation with tourism. The department of natural resources, the department of forestry, and the department of tourism shall work jointly to establish an on any automated campground reservation system operated under par. (a).
16,1153m
Section 1153m. 27.012 of the statutes is created to read:
27.012 Access to Mountain-Bay State Trail. The department shall allow the town of Weston in Marathon County to provide a public access site that crosses the Mountain-Bay State Trail and that is in addition to any public access site that is in existence on the effective date of this section .... [revisor inserts date]. The department may not require the town of Weston in Marathon County to close any public access to the Mountain-Bay State Trail that exists on the effective date of this section .... [revisor inserts date].
16,1153nc
Section 1153nc. 27.016 (1) (c) of the statutes is repealed.
16,1153np
Section 1153np. 27.019 (12) of the statutes is amended to read:
27.019 (12) Cooperation of state departments. The department of agriculture, trade and consumer protection, the department of administration, the department of natural resources, the department of forestry, and the agricultural extension division of the University of Wisconsin shall cooperate with the several county rural planning committees in carrying out this section.
16,1153nx
Section 1153nx. 28.005 of the statutes is amended to read:
28.005 Definition. "Department" when used in this chapter without other words of description or qualification means the department of natural resources forestry.
16,1153nxb
Section 1153nxb. 28.01 of the statutes is amended to read:
28.01 Forestry supervision. The department shall execute all matters pertaining to forestry within the jurisdiction of the state, direct the management of state forests, other than southern state forests, collect data relative to forest use and conditions and advance the cause of forestry within the state.
16,1153nxc
Section 1153nxc. 28.012 (title) of the statutes is created to read:
28.012 (title) Powers of department.
16,1153nxd
Section 1153nxd. 28.012 (1) of the statutes is created to read:
28.012 (1) For the state forests, other than southern state forests, the department may accept and administer, in the name of the state, any gifts, grants, bequests, and devises, including land, interests in land and funds made available to the department by the federal government under any act of congress relating to any of the functions of the department.
16,1153nxf
Section 1153nxf. 28.012 (2) of the statutes is created to read:
28.012 (2) The department may extend or consolidate lands or waters suitable for the state forests, other than the southern state forests, by the exchange of other lands or waters under its supervision.
16,1153nxg
Section 1153nxg. 28.012 (3) of the statutes is created to read:
28.012 (3) The department may accept donations of buildings, facilities, and structures to be constructed upon lands owned by this state in the state forests, other than the southern state forests.
16,1153nxh
Section 1153nxh. 28.012 (4) of the statutes is created to read:
28.012 (4) The department may grant easements to parts or parcels of areas in the state forests, other than the southern state forests.
16,1153nxj
Section 1153nxj. 28.012 (5) of the statutes is created to read:
28.012 (5) All funds included in the gifts, grants, bequests, and devises received or expected to be received by the department for the state forests under its jurisdiction in a biennium shall be included in the statement of its actual and estimated receipts and disbursements for such biennium required to be contained in the biennial state budget report under s. 16.46. Those funds shall be considered to be, and shall be treated the same as, other actual and estimated receipts and disbursements of the department. The department may acknowledge the receipt of any funding from a particular person or group in any department pamphlet, bulletin, or other publication.
16,1153nxk
Section 1153nxk. 28.012 (6) of the statutes is created to read:
28.012 (6) The donor of any building, facility, or structure under sub. (3) may contract for this construction according to plans and specifications provided by the department or may enter into a contract for professional architectural and engineering services to develop plans and specifications for the building, facility, or structure and contract for their construction. Upon the completion of construction satisfactory to the department, title to the building, facility, or structure shall vest in the state. No person may construct any building, facility, or structure under this subsection without the prior approval of the department regarding plans and specifications, materials, suitability, design, capacity, or location. The plans and specifications for any building, structure, or facility donated under sub. (2) (eg) shall also be subject to the approval of the building commission.
16,1153nxp
Section 1153nxp. 28.012 (7) of the statutes is created to read:
28.012 (7) Any easements granted under sub. (4) or s. 28.02 (5) and any leases under s. 23.305 or 26.08 by the department shall have the restrictions necessary to preserve and protect the land subject to the lease or easement for the purposes for which it was acquired or made part of the state forests.
16,1153nxq
Section 1153nxq. 28.012 (8) of the statutes is created to read:
28.012 (8) (a) In this subsection, "easement" includes a negative easement, a restrictive covenant, a covenant running with the land, and any other right for a lawful use of the property together with the right to acquire all negative easements, restrictive covenants, covenants running with the land, and all rights for use of property.
(b) The department may acquire any easement for the benefit of any area in the state forests, other than southern state forests.
16,1153nxr
Section 1153nxr. 28.012 (9) of the statutes is created to read:
28.012 (9) If there are areas of the state forests under the jurisdiction of the department that are inaccessible because they are surrounded by lands not belonging to the state, and if the department determines that the usefulness or value of these areas for these state forests will be increased if there is access to them over lands not belonging to the state, the department may acquire the land necessary to construct highways that will furnish the needed access.
16,1153p
Section 1153p. 28.015 of the statutes is created to read:
28.015 Forestry demonstration and education center. The department shall develop a plan to establish a forestry demonstration and education center.
16,1153pc
Section 1153pc. 28.02 (title) of the statutes is amended to read:
28.02 (title) State forests forest lands.
16,1153pd
Section 1153pd. 28.02 (1) of the statutes is amended to read:
28.02
(1) Defined. "State
forests forest lands
" include all lands granted to the state by an act of congress entitled, "An act granting lands to the state of Wisconsin for forestry purposes," approved June 27, 1906; all lands donated to the state by the Nebagamon Lumber Company for forestry purposes; all lands acquired pursuant to
chapter 450, laws of 1903,
chapter 264, laws of 1905,
chapter 638, laws of 1911, and
chapter 639, laws of 1911, or under ss. 1494-41 to 1494-62, 1915 stats., and all lands subsequently acquired for forestry purposes. Unless an island is designated as state forest land by the department,
"state forest lands
" do not include lands granted to the state by an act of congress entitled, "An act granting unsurveyed and unattached islands to the state of Wisconsin for forestry purposes," approved August 22, 1912. The department may designate as state forest lands any lands within state forest boundaries which were purchased with other conservation funds and where forestry would not conflict with a more intensive use.
16,1153pdg
Section 1153pdg. 28.02 (2) of the statutes is amended to read:
28.02 (2) Acquisition. The department
of forestry may acquire lands or interest in lands by grant, devise, gift, condemnation or purchase within the boundaries of established state forests or purchase areas; and outside of
such boundaries for forest nurseries, tracts for forestry research or demonstration and for forest protection structures, or for access to such properties. The department of natural resources may acquire lands or interest in lands by grant, devise, gift, condemnation, or purchase within the boundaries of southern state forests. In the case of condemnation the department shall first obtain approval from the appropriate standing committees of each house of the legislature as determined by the presiding officer thereof.
16,1153pdm
Section 1153pdm. 28.03 (1) of the statutes is amended to read:
28.03 (1) Defined. State forests shall consist of well blocked areas of state owned lands which have been established as state forests by the department.
16,1153pdr
Section 1153pdr. 28.03 (3) of the statutes is amended to read:
28.03 (3) Department may name. The department of forestry or the department of natural resources may designate by appropriate name any state forest not expressly named by the legislature.
16,1153pdu
Section 1153pdu. 28.03 (4) of the statutes is created to read:
28.03 (4) Southern state forests. The department of natural resources may develop and shall operate and maintain the southern state forests.
16,1153pe
Section 1153pe. 28.035 (2) of the statutes is amended to read:
28.035 (2) The department shall enter into an comply with the agreement entered into with the Wisconsin department of the American Legion for hunting in the state forest lands described as lots 3, 4, 6 and 7 of section 8 and lots 2 and 3 of section 17, township 38 north, range 7 east, Oneida County, which are used in connection with Camp American Legion and which the Legion is now maintaining on this location as a restoration camp for sick and disabled veterans and their dependents.
16,1153ph
Section 1153ph. 28.035 (3) (b) of the statutes is amended to read:
28.035 (3) (b) The ownership of all of the buildings and equipment of the camp shall revert to the state upon the discontinuance of the use thereof for such purposes. On or before January 15 of each year the department of the American Legion shall file with the governor, the department of veterans affairs and the department of natural resources, and the department of forestry a written report of the operations and the financial status of the camp.
16,1153phb
Section 1153phb. 28.04 (2) (a) of the statutes is amended to read:
28.04 (2) (a) The department of forestry shall manage the state forests, other than the southern state forests, and the department of natural resources shall manage the southern state forests, to benefit the present and future generations of residents of this state, recognizing that the state forests contribute to local and statewide economies and to a healthy natural environment. The department departments shall assure the practice of sustainable forestry and use it to assure that state forests can provide a full range of benefits for present and future generations. The department departments shall also assure that the management of state forests is consistent with the ecological capability of the state forest land and with the long-term maintenance of sustainable forest communities and ecosystems. These benefits include soil protection, public hunting, protection of water quality, production of recurring forest products, outdoor recreation, native biological diversity, aquatic and terrestrial wildlife, and aesthetics. The range of benefits provided by the department departments in each state forest shall reflect its unique character and position in the regional landscape.
16,1153phf
Section 1153phf. 28.04 (2) (b) of the statutes is amended to read:
28.04 (2) (b) In managing the state forests, the department of forestry and the department of natural resources shall recognize that not all benefits under par. (a) can or should be provided in every area of a state forest.
16,1153phk
Section 1153phk. 28.04 (2) (c) of the statutes is amended to read:
28.04 (2) (c) In managing the state forests, the department of forestry and the department of natural resources shall recognize that management may consist of both active and passive techniques.
16,1153php
Section 1153php. 28.04 (3) (a) of the statutes is amended to read:
28.04 (3) (a) The department of forestry shall prepare a plan for each state forest, other than southern state forests, that describes how the state forest will be managed. The department of natural resources shall prepare a plan for each southern state forest that describes how the southern state forest will be managed. The department departments shall work with the public to identify property goals and objectives that are consistent with the purposes under sub. (2). The department departments shall identify in each plan the objectives of management for distinct areas of the state forest.
16,1153phs
Section 1153phs. 28.04 (3) (b) of the statutes is amended to read:
28.04 (3) (b) The department of forestry and the department of natural resources shall establish procedures for the preparation and modification of these plans, including procedures for public participation. In preparing and modifying plans under this subsection, the department departments shall use the best available information regarding the purposes and benefits of the state forests that the each department acquires through inventories, evaluations, monitoring and research. In evaluating such information, the department departments shall consider both regional and local scales, including the impact on local economies. As new information becomes available, the department of forestry or the department of natural resources shall adapt its management of the state forest and, if necessary, the plan for the state forest.
16,1153pm
Section 1153pm. 28.045 of the statutes is created to read:
28.045 Designation of trails and areas. (1) In this section, "special use area" includes a trail, campground, or picnic area.
(2) The department shall designate special use areas in state forests, other than southern state forests, and shall indicate the location of each special use area in one of the following manners:
(a) By showing it on a map available at the district office of the department that is nearest to the special use area.
(b) By indicating its location on a sign outside any office of the department that is located within the same state forest.
(c) By placing a sign at the special use area.
(3) The department shall inspect trail signs and designated features twice a year, once before July 1 and once after July 1.
(4) Subsection (3) does not apply to snowmobile trails on land under the control of the department that are maintained by snowmobile clubs or other nonprofit organizations.
16,1153pr
Section 1153pr. 28.05 (1) of the statutes is amended to read:
28.05 (1) Limitations. Cutting shall be limited to trees marked or designated for cutting by a forester in the professional series of the state classified civil service or by a department-designated an employee of the department of forestry or the department of natural resources who is equally qualified by reason of long, practical experience. The department of forestry, with respect to state forests other than southern state forests, and the department of natural resources with respect to southern state forests, may sell products removed in cultural or salvage cuttings and standing timber designated in timber sale contracts, but all sales shall be based on tree scale or on the scale, measure or count of the cut products. The That department may require that a person purchasing products or standing timber under a timber sale contract provide surety for the proper performance of the contract either directly or through a bond furnished by a surety company authorized to do business in this state.
16,1153q
Section 1153q. 28.06 (2m) of the statutes is amended to read:
28.06 (2m) Surcharge. A person who purchases a seedling under sub. (2) shall pay, in addition to the price of the seedling charged under sub. (2), a surcharge of one cent for each seedling purchased. Beginning on the effective date of this subsection .... [revisor inserts date], and ending on June 30, 2002, the surcharge shall be 2 cents for each seedling. Beginning on July 1, 2002, the surcharge shall be 3 cents for each seedling. All surcharges collected under this subsection shall be deposited in the conservation fund.
16,1153qc
Section 1153qc. 28.06 (2m) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:
28.06 (2m) Surcharge. A person who purchases a seedling under sub. (2) shall pay, in addition to the price of the seedling charged under sub. (2), a surcharge for each seedling purchased. Beginning on the effective date of this subsection .... [revisor inserts date], and ending on June 30, 2002, the surcharge shall be 2 cents for each seedling. Beginning on July 1, 2002, the surcharge shall be 3 cents for each seedling. All surcharges collected under this subsection shall be deposited in the conservation forestry fund.
16,1153r
Section 1153r. 28.08 of the statutes is amended to read:
28.08 Income. All income from state forest lands shall be paid into the state treasury to the credit of the conservation forestry fund.