2001 Wisconsin Act 16

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.

16,1153rm Section 1153rm. 28.11 (5m) (a) (intro.) of the statutes is amended to read:

28.11 (5m) (a) (intro.) The department may make grants, from the appropriation under s. 20.370 (5) (bw) 20.375 (2) (w), to counties having lands entered under sub. (4) to fund all of the following for one professional forester in the position of county forest administrator or assistant county forest administrator:

16,1153s Section 1153s. 28.11 (5r) of the statutes is created to read:

28.11 (5r) Sustainable forestry grants. (a) In this subsection, "sustainable forestry" has the meaning given in s. 28.04 (1) (e).

(b) The department may make grants, from the appropriation under s. 20.370 (5) (bw), to counties having lands entered under sub. (4) to fund the cost of activities designed to improve sustainable forestry on the lands.

(c) The department shall promulgate rules for establishing criteria and procedures for awarding grants under this subsection that include all of the following:

1. Criteria for determining which counties are eligible to receive a grant.

2. The maximum grant amount that the department may award to an eligible county.

3. The activities for which a county is eligible to receive a grant.

4. Amounts by which a county must match a grant award.

5. A method for establishing priorities for awarding grants or a method for prorating amounts available for awarding grants, if the total amount that eligible counties request under this subsection exceeds the funds available to the department for awarding grants.

16,1153sc Section 1153sc. 28.11 (5r) (b) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

28.11 (5r)(b) The department may make grants, from the appropriation under s. 20.370 (5) (bw) 20.375 (2) (w), to counties having lands entered under sub. (4) to fund the cost of activities designed to improve sustainable forestry on the lands.

16,1153t Section 1153t. 28.11 (8) (a) of the statutes is amended to read:

28.11 (8) (a) Acreage payments. As soon after April 20 of each year as feasible, the department shall pay to each town treasurer 30 cents per acre, based on the acreage of such lands as of the preceding June 30, as a grant out of the appropriation made by s. 20.370 (5) (bv) 20.375 (2) (vm) on each acre of county lands entered under this section.

16,1153u Section 1153u. 28.11 (8) (b) 1. of the statutes is amended to read:

28.11 (8) (b) 1. A county having established and maintaining a county forest under this section is eligible to receive from the state from the appropriations under s. 20.370 (5) (bq) 20.375 (2) (t) and (bs) (u) an annual payment as a noninterest bearing loan to be used for the purchase, development, preservation and maintenance of the county forest lands and the payment shall be credited to a county account to be known as the county forestry aid fund. A county board may, by a resolution adopted during the year and transmitted to the department by December 31, request to receive a payment of not more than 50 cents for each acre of land entered and designated as "county forest land". The department shall review the request and approve the request if the request is found to be consistent with the comprehensive county forest land use plan. If any lands purchased from the fund are sold, the county shall restore the purchase price to the county forestry aid fund. The department shall pay to the county the amount due to it on or before March 31 of each year, based on the acreage of the lands as of the preceding June 30. If the amounts in the appropriations under s. 20.370 (5) (bq) 20.375 (2) (t) and (bs) (u) are not sufficient to pay all of the amounts approved by the department under this subdivision, the department shall pay eligible counties on a prorated basis.

16,1153v Section 1153v. 28.11 (8) (b) 2. of the statutes is amended to read:

28.11 (8) (b) 2. The department may allot additional interest free forestry aid loans on a project basis to individual counties to permit the counties to undertake meritorious and economically productive forestry operations, including land acquisitions. These additional aids may not be used for the construction of recreational facilities or for fish and game management projects. Application shall be made in the manner and on forms prescribed by the department and specify the purpose for which the additional aids will be used. The department shall make an investigation as it deems necessary to satisfy itself that the project is feasible, desirable and consistent with the comprehensive plan. If the department so finds, it may make allotments in such amounts as it determines to be reasonable and proper and charge the allotments to the forestry fund account of the county. These allotments shall be credited by the county to the county forestry aid fund. After determining the loans as required under subd. 1., the department shall make the remainder of the amounts appropriated under s. 20.370 (5) (bq) 20.375 (2) (t) and (bs) (u) for that fiscal year available for loans under this subdivision. The department shall also make loans under this subdivision from the appropriations under s. 20.370 (5) (bt) 20.375 (2) (um) and (bu) (v).

16,1153w Section 1153w. 28.11 (9) (am) of the statutes is amended to read:

28.11 (9) (am) The acreage loan severance share payments shall be deposited in the conservation forestry fund and credited to the appropriation under s. 20.370 (5) (bq) 20.375 (2) (t), and the project loan severance share payments shall be deposited in the conservation forestry fund and credited to the appropriation under s. 20.370 (5) (bu) 20.375 (2) (v).

16,1153x Section 1153x. 28.11 (9) (ar) 1. of the statutes is amended to read:

28.11 (9) (ar) 1. Notwithstanding s. 20.001 (3) (c), if the sum of the unencumbered balances in the appropriations under s. 20.370 (5) (bq), (bt) 20.375 (2) (t), (um), and (bu) (v) exceeds $400,000 on June 30 of any fiscal year, the amount in excess of $400,000 shall lapse from the appropriation under s. 20.370 (5) (bq) 20.375 (2) (t) to the conservation forestry fund, except as provided in subd. 2.

16,1153y Section 1153y. 28.11 (9) (ar) 2. of the statutes is amended to read:

28.11 (9) (ar) 2. Notwithstanding s. 20.001 (3) (c), if the amount in the appropriation under s. 20.370 (5) (bq) 20.375 (2) (t) is insufficient for the amount that must lapse under subd. 1., the remainder that is necessary for the lapse shall lapse from the appropriation under s. 20.370 (5) (bu) 20.375 (2) (v).

16,1153yc Section 1153yc. 28.90 (title) of the statutes is created to read:

28.90 (title) Enforcement.