2001 Wisconsin Act 16

16,1034fb Section 1034fb. 23.09 (2) (d) 1. of the statutes is repealed.

16,1034fd Section 1034fd. 23.09 (2) (d) 5. of the statutes is repealed.

16,1034fg Section 1034fg. 23.09 (2p) (a) of the statutes is amended to read:

23.09 (2p) (a) The department of natural resources shall determine the value of land donated to the department state that is within the project boundaries of a state park, a southern state forest, or a state recreation area. The department of forestry shall determine the value of land donated to the state that is within the project boundaries of other state forests. If the donation involves the transfer of the title in fee simple absolute or other arrangement for the transfer of all interest in the land to the state, the valuation shall be based on the fair market value of the land before the transfer. If the donation is a dedication transferring a partial interest in land to the state, the valuation shall be based on the extent to which the fair market value of the land is diminished by that transfer and the associated articles of dedication. If the donation involves a sale of land to the department at less than the fair market value, the valuation of the donation shall be based on the difference between the purchase price and the fair market value.

16,1034fh Section 1034fh. 23.09 (2p) (b) of the statutes is amended to read:

23.09 (2p) (b) Except as provided in par. (c), an amount of money equal to the value of the donation under par. (a) shall be released from the appropriation under s. 20.866 (2) (ta) or (tz) or both to be used for land acquisition activities for the same project for which any donation was made on or after August 9, 1989. The From the moneys made available to the department under the agreement under s. 23.0917 (4r), the department shall determine how the moneys being released are to be allocated from these appropriations. This paragraph does not apply to transfers of land from agencies other than the department of forestry.

16,1034fj Section 1034fj. 23.09 (3) (a) of the statutes is amended to read:

23.09 (3) (a) The department of natural resources shall cooperate with the several state department of forestry and other departments and officials in the conduct of matters in which the interests of the respective departments or officials overlap. The cooperating agencies may provide by agreement for the manner of sharing expenses and responsibilities under this paragraph.

16,1034fk Section 1034fk. 23.09 (11) (a) of the statutes is renumbered 23.09 (11) (ar).

16,1034fL Section 1034fL. 23.09 (11) (ag) of the statutes is created to read:

23.09 (11) (ag) In this subsection, "department" means the department of forestry.

16,1034fn Section 1034fn. 23.09 (17m) (a) of the statutes is renumbered 23.09 (17m) (am) and amended to read:

23.09 (17m) (am) The county board of any county, which by resolution indicates its desire to improve the natural environment for wildlife on county lands entered under s. 28.11, may make application to the department for the allocation of funds appropriated for such purposes by s. 20.370 (5) (as) 20.375 (2) (sL).

16,1034fp Section 1034fp. 23.09 (17m) (ac) of the statutes is created to read:

23.09 (17m) (ac) In this subsection, "department" means the department of forestry.

16,1034fq Section 1034fq. 23.09 (17m) (b) of the statutes is amended to read:

23.09 (17m) (b) The annual allocation for each county shall not exceed 10 cents for each acre entered under s. 28.11, but any funds remaining from the appropriation made by s. 20.370 (5) (as) 20.375 (2) (sL) and unallocated to the counties on March 31 of each year may be allotted to any county in an amount not to exceed an additional 10 cents per acre under the procedure established in this subsection. These aids shall be used to undertake wildlife management activities provided in the comprehensive county forest land use plan and included in the annual work plan and budget.

16,1034fr Section 1034fr. 23.09 (18) (a) of the statutes is amended to read:

23.09 (18) (a) In each fiscal year, the department of forestry shall make payments to each county that has more than 40,000 acres within its boundaries that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on July 1 of that fiscal year.

16,1034fs Section 1034fs. 23.09 (18) (b) of the statutes is amended to read:

23.09 (18) (b) The amount of the payment made in a fiscal year to an eligible county shall equal the county's proportionate share of the moneys appropriated under s. 20.370 (5) (br) 20.375 (2) (tm) for the fiscal year. An eligible county's proportionate share shall equal the number of acres within its boundaries that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on July 1 of the fiscal year divided by the total number of acres that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on that same date and that are within the boundaries of counties that are eligible for payments under this section, multiplied by the amount appropriated under s. 20.370 (5) (br) 20.375 (2) (tm) for the fiscal year.

16,1034ft Section 1034ft. 23.09 (18) (c) of the statutes is amended to read:

23.09 (18) (c) The department of forestry shall calculate and issue the payment for each eligible county by October 1 following each fiscal year.

16,1034fu Section 1034fu. 23.09 (20) (ar) of the statutes is created to read:

23.09 (20) (ar) For each fiscal year, the department of natural resources and the department of forestry shall enter into an agreement to determine which projects are eligible for assistance under this subsection and to authorize the expenditures for those projects. The secretary of administration shall resolve any disputes between the departments concerning the agreement entered into under this paragraph.

16,1034fv Section 1034fv. 23.09 (21m) of the statutes is amended to read:

23.09 (21m) Environmental cleanup. The department of natural resources may engage in environmental clean-up activities on the lands under its the ownership, management, supervision, or control of the department of natural resources or the department of forestry.

16,1034fw Section 1034fw. 23.09 (26) (a) of the statutes is amended to read:

23.09 (26) (a) The procedures in sub. (11) (a) (ar), (d), (e) and (f) shall apply to this subsection except that the department shall consult with the snowmobile recreational council before adopting snowmobile trail construction standards, the restriction in sub. (11) (a) (ar) as to county lands is not applicable, the restriction in sub. (11) (d) as to encumbrance of funds is not applicable and the restriction in sub. (11) (e) as to requests for state aids exceeding available funds is not applicable.

16,1034fx Section 1034fx. 23.09 (26) (am) 2. of the statutes is amended to read:

23.09 (26) (am) 2. Enter into agreements with the department of natural resources or the department of forestry to use for snowmobile trails, facilities, or areas lands owned or leased by the department of natural resources or the department of forestry. No lands of the department of natural resources or the department of forestry that are to be used for snowmobiling purposes within the meaning of this subsection may be obtained through condemnation.

16,1034fyr Section 1034fyr. 23.0917 (1) (c) of the statutes is amended to read:

23.0917 (1) (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 (2) (d) or that is under the jurisdiction of the department of forestry and is in state forest lands.

16,1034h Section 1034h. 23.0917 (3) (a) of the statutes is amended to read:

23.0917 (3) (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, except as provided under ss. 23.197 (2m), (3m) (b), (7), (7m), and (8) and 23.198 (1) (a).

16,1034hm Section 1034hm. 23.0917 (3) (a) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

23.0917 (3) (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 for the state forests, and for grants for these purposes under s. 23.096, except as provided under ss. 23.197 (2m), (3m) (b), (7), (7m), and (8) and 23.198 (1) (a).

16,1034k Section 1034k. 23.0917 (3) (bm) of the statutes is created to read:

23.0917 (3) (bm) During the period beginning with fiscal year 2001-02 and ending with fiscal year 2009-10, in obligating money under the subprogram for land acquisition, the department shall set aside not less than a total of $ 12,000,000 that may be obligated only to provide matching funds for grants awarded to the department for the purchase of land or easements under 16 USC 2103c.

16,1034L Section 1034L. 23.0917 (3) (dm) 1m. of the statutes is created to read:

23.0917 (3) (dm) 1m. For fiscal year 2001-02, $34,500,000.

16,1034m Section 1034m. 23.0917 (3) (dm) 2. of the statutes is amended to read:

23.0917 (3) (dm) 2. For each fiscal year beginning with 2001-02 2002-03 and ending with fiscal year 2009-10, $34,500,000 $45,000,000.

16,1034p Section 1034p. 23.0917 (4) (a) of the statutes is amended to read:

23.0917 (4) (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, except as provided under par. (cm).

16,1034pm Section 1034pm. 23.0917 (4) (cm) of the statutes is created to read:

23.0917 (4) (cm) Notwithstanding the purposes for which the department is authorized to obligate moneys under pars. (a), (b), and (c), the department may obligate moneys under the subprogram for property development and local assistance for any of the following purposes:

1. Construction of the Wisconsin agricultural stewardship initiative facility under s. 23.197 (7m).

1m. Construction of a visitor center and administration building at the Kickapoo valley reserve under s. 23.197 (2m).

2. Projects approved by the state fair park board under s. 23.197 (8).

3. Reconstruction of the chalet at Rib Mountain State Park under s. 23.197 (3m) (b).

5. Development of a conservation law enforcement museum under s. 23.197 (8m).

6. Restoration of an area on the exposed bed of the former flowage on the Prairie River.

16,1034q Section 1034q. 23.0917 (4) (d) 1. of the statutes is amended to read:

23.0917 (4) (d) 1. The department may obligate not more than $11,500,000 in each fiscal year 2000-01 and not more than $11,500,000 in fiscal year 2001-02 under the subprogram except as provided in sub. (5). For each fiscal year beginning with 2002-03 and ending with fiscal year 2009-10, the department may obligate not more than $15,000,000 under the subprogram except as provided in sub. (5).

16,1034r Section 1034r. 23.0917 (4r) of the statutes is created to read:

23.0917 (4r) Agreement between departments. (a) For each fiscal year, the department of natural resources and the department of forestry shall enter into an agreement establishing all of the following:

1. The amount of funding from the appropriation under s. 20.866 (2) (ta) that will be obligated for the land acquisition subprogram under sub. (3) and the amount of funding from the appropriation under s. 20.866 (2) (ta) that will be obligated for the property development and local assistance subprogram under sub. (4).

2. For the land acquisition subprogram, the amount of funding from the appropriation under s. 20.866 (2) (ta) that will be obligated for the acquisition of state forest land, for each of the purposes specified in s. 23.09 (2) (d), and for the grants for each of these purposes under s. 23.096, other than for the projects or activities specified under s. 23.197.

3. For the property development and local assistance subprogram, the amount of funding from the appropriation under s. 20.866 (2) (ta) that will be obligated for each of the purposes listed under sub. (4) (b) and (c), other than for the projects or activities specified under ss. 23.197 and 23.198.

4. The priorities under sub. (3) (c).

(b) The secretary of administration shall resolve any disputes between the departments concerning the agreement under par. (a).

16,1035g Section 1035g. 23.0917 (7) (e) of the statutes is amended to read:

23.0917 (7) (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, and if the department estimates that the fair market value of the land exceeds $200,000, 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 at least one appraisal and the department shall obtain its own independent appraisal.

16,1035m Section 1035m. 23.0917 (7) (f) of the statutes is created to read:

23.0917 (7) (f) 1. In this paragraph, "taxation district" has the meaning given in s. 70.114 (1) (e).

2. For any acquisition of any land that is funded with moneys obligated from the appropriation under s. 20.866 (2) (ta), the department, within 30 days after the moneys are obligated, shall submit to the clerk and the assessor of each taxation district in which the land is located a copy of every appraisal in the department's possession that was prepared in order to determine the fair market value of the land involved. An assessor who receives a copy of an appraisal under this subdivision shall consider the appraisal in valuing the land as provided under s. 70.32 (1).

16,1036 Section 1036. 23.0917 (8) (b) of the statutes is created to read:

23.0917 (8) (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.

16,1036b Section 1036b. 23.0919 of the statutes is created to read:

23.0919 Forestry land endowment fund. (1) In this section, "land" includes any buildings, facilities, or other structures located on the land.

(2) Unless the secretary of forestry determines otherwise in a specific case, only the income from the gifts, grants, or bequests in the forestry land endowment fund is available for expenditure. The secretary of forestry may authorize expenditures only for preserving, developing, managing, or maintaining land that is under the jurisdiction of the department of forestry and that is used for conservation purposes. In this subsection, unless otherwise provided in a gift, grant, or bequest, principal and income are determined as provided under s. 701.20 (3).

16,1036bb Section 1036bb. 23.092 (5) (a) of the statutes is amended to read:

23.092 (5) (a) The department shall determine the value of land or an easement donated to the department that is within a habitat area and is dedicated for purposes of habitat protection, enhancement, or restoration. For an easement, the valuation shall be based on the extent to which the fair market value of the land is diminished by the transfer. Except as provided in par. (b), an amount of money equal to the value of the donation shall be released from the appropriation under s. 20.866 (2) (ta) or (tz) or both to be used for habitat protection, enhancement, or restoration activities for the same habitat area in which any donation was made on or after August 9, 1989. The department shall determine how the moneys being released are to be allocated from these appropriations. The amounts released from the appropriation under s. 20.866 (2) (ta) shall be subject to the agreement under s. 23.0917 (4r).

16,1036bd Section 1036bd. 23.094 (4) (a) of the statutes is amended to read:

23.094 (4) (a) The department shall determine the value of land or an easement donated to the department for purposes of this section and for stream bank protection under s. 23.096. For an easement, the valuation shall be based on the extent to which the fair market value of the land is diminished by the transfer. Except as provided in par. (b), an amount of money equal to the value of the donation shall be released from the appropriation under s. 20.866 (2) (ta) or (tz) or both to be used to acquire easements and land under this section and s. 23.096 for the same stream for which any donation was made on or after August 9, 1989. The department shall determine how the moneys being released are to be allocated from these appropriations. The amounts released from the appropriation under s. 20.866 (2) (ta) shall be subject to the agreement under s. 23.0917 (4r).

16,1036be Section 1036be. 23.095 (1m) (title) of the statutes is amended to read:

23.095 (1m) (title) Prohibition on department land certain state lands.

16,1036bf Section 1036bf. 23.095 (1m) (a) of the statutes is amended to read:

23.095 (1m) (a) No person may damage or attempt to damage any natural resource or any archaeological feature located on state-owned lands that are under the supervision, management, and control of the department except as of natural resources or the department of forestry unless the person is authorized to do so by the department of natural resources or the department of forestry.

16,1036bg Section 1036bg. 23.0955 (2) (am) of the statutes is amended to read:

23.0955 (2) (am) Beginning in fiscal year 1997-98, the The department may provide an annual award one grant of $150,000 in each fiscal year to a nonstock, nonprofit corporation that meets all of the qualifications under par. (a).

16,1036bm Section 1036bm. 23.0955 (2) (c) of the statutes is created to read:

23.0955 (2) (c) If the department awards a grant under this subsection, the department shall pay part of the grant in an amount equal to $112,500 from the appropriation under s. 20.370 (5) (aw) to the corporation receiving the grant, and the department of forestry shall pay part of the grant in an amount equal to $37,500 from the appropriation under s. 20.375 (2) (rq) to the corporation receiving the grant.

16,1036br Section 1036br. 23.0956 (1) (intro.) of the statutes is amended to read:

23.0956 (1) (intro.) From the appropriation under s. 20.370 (5) (aw), the The department shall provide award one grant of $85,000 in each fiscal year, beginning with fiscal year 2000-01, to a nonstock, nonprofit corporation that is described under section 501 (c) (3) or (4) of the Internal Revenue Code and organized in this state if the corporation meets all of the following requirements:

16,1036bv Section 1036bv. 23.0956 (3) of the statutes is created to read:

23.0956 (3) The department shall pay part of the grant in an amount equal to $42,500 from the appropriation under s. 20.370 (5) (aw) to the corporation receiving the grant, and the department of forestry shall pay part of the grant in an amount equal to $42,500 from the appropriation under s. 20.375 (2) (rq) to the corporation receiving the grant.