AB926, s. 387
5Section
387. 23.09 (2p) (a) of the statutes is amended to read:
AB926,73,186
23.09
(2p) (a) The department
of natural resources shall determine the value
7of land donated to the
department state that is within the project boundaries of a
8state park
, a state forest or a state recreation area.
The department of agriculture,
9trade and consumer protection shall determine the value of land donated to the state
10that is within the project boundaries of a state forest under its jurisdiction. If the
11donation involves the transfer of the title in fee simple absolute or other arrangement
12for the transfer of all interest in the land to the state, the valuation shall be based
13on the fair market value of the land before the transfer. If the donation is a dedication
14transferring a partial interest in land to the state, the valuation shall be based on
15the extent to which the fair market value of the land is diminished by that transfer
16and the associated articles of dedication. If the donation involves a sale of land
to the
17department at less than the fair market value, the valuation of the donation shall
18be based on the difference between the purchase price and the fair market value.
AB926, s. 388
19Section
388. 23.09 (2r) (b) of the statutes is amended to read:
AB926,73,2020
23.09
(2r) (b) Land acquisition for urban river grants under s.
30.277 23.0944.
AB926, s. 389
21Section
389. 23.09 (3) (a) of the statutes is renumbered 23.09 (3).
AB926, s. 390
22Section
390. 23.09 (3) (b) of the statutes is renumbered 93.06 (11) (c).
AB926, s. 391
23Section
391. 23.09 (11) (a) of the statutes is renumbered 23.09 (11) (ar).
AB926, s. 392
24Section
392. 23.09 (11) (ag) of the statutes is created to read:
AB926,74,2
123.09
(11) (ag) In this subsection, "department" means the department of
2agriculture, trade and consumer protection.
AB926, s. 393
3Section
393. 23.09 (17m) (a) of the statutes is renumbered 23.09 (17m) (am)
4and amended to read:
AB926,74,85
23.09
(17m) (am) The county board of any county, which by resolution indicates
6its desire to improve the natural environment for wildlife on county lands entered
7under s. 28.11, may make application to the department for the allocation of funds
8appropriated for such purposes by s.
20.370 (5) (as)
20.115 (5) (sL).
AB926, s. 394
9Section
394. 23.09 (17m) (ac) of the statutes is created to read:
AB926,74,1110
23.09
(17m) (ac) In this subsection, "department" means the department of
11agriculture, trade and consumer protection.
AB926, s. 395
12Section
395. 23.09 (17m) (b) of the statutes is amended to read:
AB926,74,1913
23.09
(17m) (b) The annual allocation for each county shall not exceed 10 cents
14for each acre entered under s. 28.11, but any funds remaining from the appropriation
15made by s.
20.370 (5) (as) 20.115 (5) (sL) and unallocated to the counties on March
1631 of each year may be allotted to any county in an amount not to exceed an additional
1710 cents per acre under the procedure established in this subsection. These aids shall
18be used to undertake wildlife management activities provided in the comprehensive
19county forest land use plan and included in the annual work plan and budget.
AB926, s. 396
20Section
396. 23.09 (18) (a) of the statutes is amended to read:
AB926,74,2421
23.09
(18) (a) In each fiscal year, the department
of agriculture, trade and
22consumer protection shall make payments to each county that has more than 40,000
23acres within its boundaries that are entered on the tax roll under s. 77.04 (1) or 77.84
24(1) on July 1 of that fiscal year.
AB926, s. 397
25Section
397. 23.09 (18) (b) of the statutes is amended to read:
AB926,75,9
123.09
(18) (b) The amount of the payment made in a fiscal year to an eligible
2county shall equal the county's proportionate share of the moneys appropriated
3under s.
20.370 (5) (br) 20.115 (5) (tm) for the fiscal year. An eligible county's
4proportionate share shall equal the number of acres within its boundaries that are
5entered on the tax roll under s. 77.04 (1) or 77.84 (1) on July 1 of the fiscal year divided
6by the total number of acres that are entered on the tax roll under s. 77.04 (1) or 77.84
7(1) on that same date and that are within the boundaries of counties that are eligible
8for payments under this section, multiplied by the amount appropriated under s.
920.370 (5) (br) 20.115 (5) (tm) for the fiscal year.
AB926, s. 398
10Section
398. 23.09 (18) (c) of the statutes is amended to read:
AB926,75,1311
23.09
(18) (c) The department
of agriculture, trade and consumer protection 12shall calculate and issue the payment for each eligible county by October 1 following
13each fiscal year.
AB926, s. 399
14Section
399. 23.09 (20) (ar) of the statutes is created to read:
AB926,75,2015
23.09
(20) (ar) For each fiscal year, the department of natural resources and
16the department of agriculture, trade and consumer protection shall enter into an
17agreement to determine which projects are eligible for assistance under this
18subsection and to authorize the expenditures for those projects. The secretary of
19administration shall resolve any disputes between the departments concerning the
20agreement entered into under this paragraph.
AB926, s. 400
21Section
400. 23.09 (21m) of the statutes is amended to read:
AB926,76,222
23.09
(21m) Environmental cleanup. The department
of natural resources 23may engage in environmental clean-up activities on the lands under its ownership,
24management, supervision
, or control
and on state forest lands under the ownership,
1management, supervision, or control of the department of agriculture, trade and
2consumer protection.
AB926, s. 401
3Section
401. 23.09 (26) (a) of the statutes is amended to read:
AB926,76,94
23.09
(26) (a) The procedures in sub. (11)
(a) (ar), (d), (e) and (f) shall apply to
5this subsection except that the department shall consult with the snowmobile
6recreational council before adopting snowmobile trail construction standards, the
7restriction in sub. (11)
(a) (ar) as to county lands is not applicable, the restriction in
8sub. (11) (d) as to encumbrance of funds is not applicable and the restriction in sub.
9(11) (e) as to requests for state aids exceeding available funds is not applicable.
AB926, s. 402
10Section
402. 23.09 (26) (am) 2. of the statutes is amended to read:
AB926,76,1811
23.09
(26) (am) 2. Enter into agreements with the department
of natural
12resources to use for snowmobile trails, facilities
, or areas lands owned or leased by
13the that department
and enter into agreements with the department of agriculture,
14trade and consumer protection to use for snowmobile trails, facilities, or forest lands
15owned or leased by that department. No lands of the department
of natural
16resources or the department of agriculture, trade and consumer protection to be used
17for snowmobiling purposes within the meaning of this subsection may be obtained
18through condemnation.
AB926, s. 403
19Section
403. 23.0915 (1g) of the statutes is amended to read:
AB926,76,2320
23.0915
(1g) Land acquisition; urban river grants. Beginning in fiscal year
211992-93 and ending in fiscal year 1999-2000, the department for each fiscal year
22shall designate for expenditure $1,900,000 of the moneys appropriated under s.
2320.866 (2) (tz) for land acquisition for urban river grants under s.
30.277 23.0944.
AB926, s. 404
24Section
404. 23.0915 (1r) (c) of the statutes is amended to read:
AB926,77,3
123.0915
(1r) (c) For land acquisition, the department shall designate for
2expenditure $900,000 for urban river grants under s.
30.277 23.0944 and for grants
3under s. 23.096 for the purposes under s.
30.277
23.0944 (2) (a).
AB926, s. 405
4Section
405. 23.0915 (2g) of the statutes is amended to read:
AB926,77,105
23.0915
(2g) Funds for Monona terrace project. If all of the money set aside
6under s. 23.195 for the Frank Lloyd Wright Monona terrace project is not expended
7before July 1, 1998, the department shall make the unexpended moneys available
8for expenditure for land acquisition and for urban river grants under s.
30.277 923.0944. The moneys expended for the Frank Lloyd Wright Monona terrace project
10are expended as an amount for land acquisition.
AB926, s. 406
11Section
406. 23.0916 (3) (a) of the statutes is amended to read:
AB926,77,1912
23.0916
(3) (a) Except as provided in par. (b) and sub. (4) and ss. 29.089, 29.091,
1329.301 (1) (b), and 29.621 (4), the department shall permit public access for
14nature-based outdoor activities by others on land that is
acquired by the department 15in fee simple or
that is an easement
acquired by the department on former managed
16forest land
and that was acquired by the department of natural resources pursuant
17to its authority under s. 23.09 (2) (d) 1. or 5., 2007, stats., or s. 23.09 (2) (d) or that
18was acquired by the department of agriculture, trade and consumer protection
19pursuant to its authority under s. 28.012 or 28.02 (2).
AB926, s. 407
20Section
407. 23.0917 (1) (c) of the statutes is amended to read:
AB926,77,2521
23.0917
(1) (c) "Department land" means an area of land that is owned by the
22state, that is under the jurisdiction of the department
of natural resources and that
23is used for one of the purposes specified in s. 23.09 (2) (d)
, or that is under the
24jurisdiction of the department of agriculture, trade and consumer protection and
25that is state forest land.
AB926, s. 408
1Section
408. 23.0917 (3) (a) of the statutes is amended to read:
AB926,78,62
23.0917
(3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year
32019-20, the department may obligate moneys under the subprogram for land
4acquisition to acquire land for the purposes specified in s. 23.09 (2) (d)
and for state
5forests, and
for grants for these purposes under s. 23.096, except as provided under
6ss. 23.197 (2m), (3m) (b), (7m), and (8) and 23.198 (1) (a).
AB926, s. 409
7Section
409. 23.0917 (3) (c) 1. of the statutes is amended to read:
AB926,78,118
23.0917
(3) (c) 1. Acquisition of land that preserves or enhances the state's
9water resources, including land in and for the Lower Wisconsin State Riverway; land
10abutting wild rivers designated under s.
30.26 23.43, wild lakes and land along the
11shores of the Great Lakes.
AB926, s. 410
12Section
410. 23.0917 (4) (b) 4. of the statutes is amended to read:
AB926,78,1313
23.0917
(4) (b) 4. Grants for urban rivers under ss. 23.096 and
30.277 23.0944.
AB926, s. 411
14Section
411. 23.0917 (7) (a) of the statutes is amended to read:
AB926,78,2015
23.0917
(7) (a) Except as provided in pars. (b) and (c), for purposes of
16calculating the acquisition costs for acquisition of land under ss. 23.09 (19), (20)
, and
17(20m), 23.092 (4), 23.094 (3g),
23.0942 (4), 23.0944, 23.0953,
and 23.096
, 30.24 (4)
18and 30.277 from the appropriation under s. 20.866 (2) (ta), the acquisition costs shall
19equal the sum of the land's current fair market value and other acquisition costs, as
20determined by rule by the department.
AB926, s. 412
21Section
412. 23.0917 (7) (e) 1. of the statutes is amended to read:
AB926,79,1022
23.0917
(7) (e) 1. For any land for which moneys are proposed to be obligated
23from the appropriation under s. 20.866 (2) (ta) in order to provide a grant or state aid
24to a governmental unit under s. 23.09 (19), (20), or (20m) or
30.277 23.0944 or to a
25nonprofit conservation organization under s. 23.096, the department shall use at
1least 2 appraisals to determine the fair market value of the land. The governmental
2unit or nonprofit conservation organization shall submit to the department one
3appraisal that is paid for by the governmental unit or nonprofit conservation
4organization. The department shall obtain its own independent appraisal. The
5department may also require that the governmental unit or nonprofit conservation
6organization submit a 3rd independent appraisal. The department shall reimburse
7the governmental unit or nonprofit conservation organization up to 50% of the costs
8of the 3rd appraisal as part of the acquisition costs of the land if the land is acquired
9by the governmental unit or nonprofit conservation organization with moneys
10obligated from the appropriation under s. 20.866 (2) (ta).
AB926, s. 413
11Section
413. 23.094 (2) (a) of the statutes is amended to read:
AB926,79,1512
23.094
(2) (a) The department
, in consultation with the department of
13environmental quality, shall identify as priority streams those streams in this state
14that are in most need of protection from degradation of water quality caused by
15agricultural or urban runoff.
AB926, s. 414
16Section
414. 23.095 (1m) (title) of the statutes is amended to read:
AB926,79,1717
23.095
(1m) (title)
Prohibition on
department land certain state lands.
AB926, s. 415
18Section
415. 23.095 (1m) (a) of the statutes is amended to read:
AB926,79,2419
23.095
(1m) (a) No person may damage or attempt to damage any natural
20resource or any archaeological feature located on state-owned lands that are under
21the supervision, management
, and control of the department
of natural resources or
22that are located on state forest lands that are under the supervision, management,
23and control of the department of agriculture, trade and consumer protection except
24as authorized by
the that department.
AB926, s. 416
25Section
416. 23.096 (2) (a) of the statutes is amended to read:
AB926,80,5
123.096
(2) (a) The department may award grants from the appropriation under
2s. 20.866 (2) (ta) or (tz) to nonprofit conservation organizations to acquire property
3for all of the purposes described in ss. 23.09 (2) (d) 1. to 7., 9., 11., 12. and 15., (19),
4(20) and (20m), 23.092, 23.094,
23.0942, 23.0944, 23.17, 23.175, 23.27, 23.29,
and 523.293
, 30.24 and 30.277.
AB926, s. 417
6Section
417. 23.096 (3) (intro.) of the statutes is amended to read:
AB926,80,97
23.096
(3) (intro.)
In Except as provided in sub. (3m), in order to receive a grant
8under this section, the nonprofit conservation organization shall enter into a
9contract with the department that contains all of the following provisions:
AB926, s. 418
10Section
418. 23.096 (3m) of the statutes is created to read:
AB926,80,1411
23.096
(3m) In order to receive a grant under this section for state forests, the
12nonprofit conservation organization shall enter into a contract with the department
13of agriculture, trade and consumer protection that contains all of the provisions
14under sub. (3).
AB926, s. 419
15Section
419. 23.096 (4) (a) 1. of the statutes is amended to read:
AB926,80,1716
23.096
(4) (a) 1. The department
that entered into the contract under sub. (3)
17or (3m) approves the subsequent sale or transfer.
AB926, s. 420
18Section
420. 23.096 (4) (a) 2. of the statutes is amended to read:
AB926,80,2119
23.096
(4) (a) 2. The party to whom the property is sold or transferred enters
20into a new contract with the department
specified in subd. 1. that contains the
21provisions under sub. (3).
AB926, s. 421
22Section
421. 23.096 (4) (b) of the statutes is amended to read:
AB926,81,223
23.096
(4) (b) The nonprofit conservation organization may subsequently sell
24or transfer the acquired property to satisfy a debt or other obligation if the
1department
that enters into the contract under sub. (3) or (3m) approves the sale or
2transfer.
AB926, s. 422
3Section
422. 23.097 (1) of the statutes is renumbered 23.097 (1e).
AB926, s. 423
4Section
423. 23.097 (1b) of the statutes is created to read:
AB926,81,65
23.097
(1b) In this section, "department" means the department of agriculture,
6trade and consumer protection.
AB926, s. 424
7Section
424. 23.098 (1) (ag) of the statutes is amended to read:
AB926,81,128
23.098
(1) (ag) "Department property" means an area of real property that is
9owned by the state, that is under the jurisdiction of the department
of natural
10resources and that is used for one of the purposes specified in s. 23.09 (2) (d)
or an
11area of real property that is under the jurisdiction of the department of agriculture,
12trade and consumer protection and that is in a state forest.
AB926, s. 425
13Section
425. 23.098 (2) of the statutes is amended to read:
AB926,81,2014
23.098
(2) The department
of natural resources and the department of
15agriculture, trade and consumer protection shall
establish jointly administer a
16program to make grants from the appropriations under s. 20.866 (2) (ta) and (tz) to
17friends groups and nonprofit conservation organizations for projects for property
18development activities on department properties.
The department may not 19encumber Not more than $250,000
may be encumbered in each fiscal year for
these 20grants
under this section.
AB926, s. 426
21Section
426. 23.098 (2m) of the statutes is created to read:
AB926,82,222
23.098
(2m) In determining which grants will be awarded under this section,
23the department of natural resources and the department of agriculture, trade and
24consumer protection shall both approve each grant. Any dispute regarding which
1friends groups and nonprofit conservation organizations will receive a grant under
2this section shall be resolved by the secretary of administration.
AB926, s. 427
3Section
427. 23.098 (3) of the statutes is amended to read:
AB926,82,104
23.098
(3) The department
of natural resources and the department of
5agriculture, trade and consumer protection shall
jointly promulgate rules to
6establish criteria to be used in determining which property development activities
7are eligible for
these grants
under this section. The rules promulgated by the
8department of natural resources under this subsection that are in effect on the
9effective date of this subsection .... [LRB inserts date], shall remain in effect until
10rules are jointly promulgated by the 2 departments.
AB926, s. 428
11Section
428. 23.098 (4) (a) of the statutes is amended to read:
AB926,82,1512
23.098
(4) (a) The department
of natural resources and the department of
13agriculture, trade and consumer protection shall periodically prepare a list of
14projects on
department properties that are eligible for grants under this section and
15shall include in the list the estimated cost of each project.
AB926, s. 429
16Section
429. 23.098 (4) (am) of the statutes is amended to read:
AB926,82,2117
23.098
(4) (am) In awarding grants under this section for eligible projects, the
18department
of natural resources and the department of agriculture, trade and
19consumer protection shall
jointly establish a system under which the grants are
20offered to eligible friends groups before being offered to eligible nonprofit
21conservation organizations.
AB926, s. 430
22Section
430. 23.098 (4) (b) of the statutes is amended to read:
AB926,82,2523
23.098
(4) (b)
The department may not encumber Not more than $20,000
may
24be encumbered for grants under this section for a department property in each fiscal
25year.
AB926, s. 431
1Section
431. 23.11 (1) of the statutes is amended to read:
AB926,83,112
23.11
(1) In addition to the powers and duties
heretofore conferred and imposed
3upon
said the department by this chapter it shall have and take the general care,
4protection and supervision of all state parks, of all state fish hatcheries and lands
5used therewith,
of all state forests, and of all lands owned by the state or in which
6it has any interests, except lands the care and supervision of which are vested in
7some other officer, body or board; and
said the department is granted such further
8powers as may be necessary or convenient to enable it to exercise the functions and
9perform the duties required of it by this chapter and by other provisions of law. But
10it may not perform any act upon state lands held for sale that will diminish their
11salable value.
AB926, s. 432
12Section
432. 23.11 (5) of the statutes is amended to read:
AB926,83,1713
23.11
(5) The department may require an applicant for a permit or statutory
14approval which the department, by order, may grant, to submit an environmental
15impact report if the area affected exceeds 40 acres
,
or the estimated cost of the project
16exceeds $25,000
, or the applicant is requesting approval for a high capacity well
17described in s. 281.34 (4) (a) 1. to 3.
AB926, s. 433
18Section
433. 23.113 of the statutes is renumbered 28.037.