SB55-ASA1-AA1,282,23 2223.15 (title) Sale of state-owned lands under the jurisdiction of the
23department
of natural resources.
SB55-ASA1-AA1, s. 1038td 24Section 1038td. 23.15 (1) of the statutes is amended to read:
SB55-ASA1-AA1,283,6
123.15 (1) The natural resources fish, wildlife, parks, forestry board may sell,
2at public or private sale, lands and structures owned by the state under the
3jurisdiction of the department of natural resources when the natural resources fish,
4wildlife, parks, and forestry
board determines that said those lands are no longer
5necessary for the state's use for conservation purposes and, if real property, the real
6property is not the subject of a petition under s. 16.375 (2).
SB55-ASA1-AA1, s. 1038tf 7Section 1038tf. 23.15 (2) of the statutes is amended to read:
SB55-ASA1-AA1,283,158 23.15 (2) Said natural resources The fish, wildlife, parks, and forestry board
9shall present to the governor a full and complete report of the lands to be sold, the
10reason for the sale, the price for which said the lands should be sold together with
11an application for the sale of the same lands. The governor shall thereupon make
12such any investigation as that the governor deems considers necessary respecting
13said the lands to be sold and approve or disapprove such the application. If the
14governor shall approve approves the same application, a permit shall be issued by
15the governor for such the sale on the terms set forth in the application.
SB55-ASA1-AA1, s. 1038tg 16Section 1038tg. 23.15 (2m) (a) (intro.) of the statutes is amended to read:
SB55-ASA1-AA1,283,2117 23.15 (2m) (a) (intro.) Notwithstanding sub. (1), the natural resources fish,
18wildlife, parks, and forestry
board shall sell, at fair market value, land in the lower
19Wisconsin state riverway, as defined in s. 30.40 (15), that is not exempt under s. 30.48
20(2) and that is acquired by the department after August 9, 1989, if all of the following
21conditions are met:
SB55-ASA1-AA1, s. 1038tj 22Section 1038tj. 23.15 (2m) (b) of the statutes is amended to read:
SB55-ASA1-AA1,283,2523 23.15 (2m) (b) Notwithstanding sub. (1), the natural resources fish, wildlife,
24parks, and forestry
board is not required to make a finding that land to be sold under
25par. (a) is no longer necessary for the state's use for conservation purposes.
SB55-ASA1-AA1, s. 1038tm
1Section 1038tm. 23.15 (3) of the statutes is amended to read:
SB55-ASA1-AA1,284,92 23.15 (3) Upon completion of such sale, the chairperson and secretary of the
3natural resources
fish, wildlife, parks, and forestry board, or the secretary of natural
4resources
fish, wildlife, parks, and forestry, if the secretary is duly authorized by the
5natural resources fish, wildlife, parks, and forestry board, shall execute such any
6instruments as that are necessary to transfer title, and the natural resources fish,
7wildlife, parks, and forestry
board or its duly authorized agents shall deliver the
8same instruments to the purchaser upon payment of the amount set forth in the
9application.
SB55-ASA1-AA1, s. 1038tn 10Section 1038tn. 23.15 (4) of the statutes is amended to read:
SB55-ASA1-AA1,284,1711 23.15 (4) Said natural resources The fish, wildlife, parks, and forestry board
12effecting the sale of any such lands and structures shall, upon receiving payment
13therefor, deposit the funds in the conservation fund to be used exclusively for the
14purpose of purchasing other areas of land for the creating and establishing of public
15hunting and fishing grounds, wildlife and fish refuges and state parks and for land
16in the lower Lower Wisconsin state riverway State Riverway as defined in s. 30.40
17(15).
SB55-ASA1-AA1, s. 1038tp 18Section 1038tp. 23.16 (1) of the statutes is amended to read:
SB55-ASA1-AA1,284,2519 23.16 (1) Publication. The department may produce, issue or reprint
20magazines or other periodicals on a periodic basis as it determines, pertaining to fish
21and game, forests, parks, environmental quality and other similar subjects of
22general information. The department may distribute its magazines and periodicals
23by subscription. The department shall charge a fee for any of its magazines or
24periodicals, except that no fee may be charged to a person who is provided a
25subscription to the Wisconsin Natural Resources Magazine under s. 29.235.
SB55-ASA1-AA1, s. 1038tq
1Section 1038tq. 23.16 (5) of the statutes is amended to read:
SB55-ASA1-AA1,285,62 23.16 (5) Use of moneys. The department shall use the moneys collected under
3this section for the costs specified in sub. (4). If the moneys collected under this
4section exceed the amount necessary for the costs specified in sub. (4), the
5department shall use the excess for educational and informational activities
6concerning conservation and the environment.
SB55-ASA1-AA1, s. 1038tr 7Section 1038tr. 23.165 (1) of the statutes is amended to read:
SB55-ASA1-AA1,285,108 23.165 (1) Publications. The department may produce, issue, reprint and sell
9publications not published on a periodic basis that pertain to fish and game, forests,
10parks, environmental quality and other similar subjects of general information.
SB55-ASA1-AA1, s. 1038ts 11Section 1038ts. 23.165 (1m) of the statutes is amended to read:
SB55-ASA1-AA1,285,1512 23.165 (1m) Photographs, slides, videotapes, artwork. The department may
13produce, issue, reprint and sell photographs, slides, videotapes and artwork if they
14pertain to fish and game, forests, parks, environmental quality and other similar
15subjects of general information.
SB55-ASA1-AA1, s. 1038tu 16Section 1038tu. 23.165 (5m) of the statutes is amended to read:
SB55-ASA1-AA1,285,2117 23.165 (5m) Use of moneys. The department shall use the moneys collected
18under this section for the costs specified in sub. (5). If the moneys collected under
19this section exceed the amount necessary for the costs specified in sub. (5), the
20department shall use the excess for educational and informational activities
21concerning conservation and the environment.".
SB55-ASA1-AA1,285,22 22590. Page 449, line 23: after that line insert:
SB55-ASA1-AA1,285,23 23" Section 1039ag. 23.179 of the statutes is created to read:
SB55-ASA1-AA1,286,3
123.179 Lake Koshkonong comprehensive project. (1) Definition. In this
2section, "district" means the Rock-Koshkonong public inland lake protection and
3rehabilitation district.
SB55-ASA1-AA1,286,6 4(2) Authorization. The district may implement a project developed and
5approved by the U.S. army corps of engineers to place structures, or fill, or both on
6the bed of Lake Koshkonong for any of the following purposes:
SB55-ASA1-AA1,286,77 (a) To improve navigation or to provide navigation aids.
SB55-ASA1-AA1,286,88 (b) To restore or protect wetland habitat or water quality.
SB55-ASA1-AA1,286,99 (c) To create, restore, or protect fish and wildlife habitat.
SB55-ASA1-AA1,286,1110 (d) To enhance the natural aesthetic value or improve the recreational use of
11the lake.
SB55-ASA1-AA1,286,14 12(3) Location of structures and fill. Any structure or fill placed as part of the
13project authorized under sub. (2) shall be located in Lake Koshkonong within the
14area that consists of Secs. 10, 13, 18, 19, 20, 24, 33, and 35, T 5 N., R 13.
SB55-ASA1-AA1,286,18 15(4) Preliminary requirements. (a) Before beginning any activity involving the
16placement of a structure or fill as part of the project authorized under sub. (2), the
17district shall submit plans and specifications for the project to the department and
18obtain the department's approval for the project.
SB55-ASA1-AA1,286,2019 (b) Before the department gives its approval for a project authorized under sub.
20(2), the department shall do all of the following:
SB55-ASA1-AA1,286,2121 1. Comply with the requirements under s. 1.11.
SB55-ASA1-AA1,286,2422 2. Review the plans and specifications submitted to the department under par.
23(a) and obtain any other information that it determines is necessary to effectively
24evaluate the structural and functional integrity of the structure or fill.
SB55-ASA1-AA1,287,2
13. Hold a public informational meeting to discuss the plans and specifications
2submitted under par. (a).
SB55-ASA1-AA1,287,43 4. Determine that the structure or fill is structurally and functionally sound
4and that the structure or fill will comply with the requirements under sub. (5).
SB55-ASA1-AA1,287,6 5(5) Requirements for structures and fill. A structure or fill placed as part
6of a project authorized under sub. (2) shall meet all of the following requirements:
SB55-ASA1-AA1,287,77 (a) It may not materially affect the flood flow capacity of the Rock River.
SB55-ASA1-AA1,287,88 (b) It may not materially obstruct navigation.
SB55-ASA1-AA1,287,119 (c) It may not cause material injury to the rights of an owner of lands
10underlying the structure or fill or to the rights of a riparian owner who owns lands
11affected by the project.
SB55-ASA1-AA1,287,1212 (d) It may not cause environmental pollution, as defined in s. 299.01 (4).
SB55-ASA1-AA1,287,1313 (e) It may not be detrimental to the public interest.
SB55-ASA1-AA1,287,1414 (f) It must further a purpose specified in sub. (2).
SB55-ASA1-AA1,287,17 15(6) Maintenance by the district. (a) The district shall maintain the structures
16and the fill that are part of the project authorized under sub. (2) to ensure that the
17structures and fill do not impair the safety of the public.
SB55-ASA1-AA1,287,2018 (b) The district shall maintain the structures and the fill that are part of the
19project authorized under sub. (2) so that the structures and fill remain in compliance
20with the requirements listed under sub. (5).
SB55-ASA1-AA1,287,2421 (c) If the department determines that any structure or any fill that is part of
22the project authorized under sub. (2) does not comply with the requirements under
23sub. (5), the department may require the district to modify the structure or fill to
24bring it into compliance or to remove the structure or fill.
SB55-ASA1-AA1,288,2
1(7) Use of structures or fill. Any structure or fill placed as part of the project
2authorized under sub. (2) may be used only for any of the following:
SB55-ASA1-AA1,288,33 (a) As a site for the placement of navigation aids approved by the department.
SB55-ASA1-AA1,288,54 (b) Activities to protect or improve wildlife or fish habitat, including the
5placement of fish or wildlife habitat structures approved by the department.
SB55-ASA1-AA1,288,66 (c) Open space for recreational activities.
SB55-ASA1-AA1,288,10 7(8) Ownership. (a) The structures or fill that are part of the project authorized
8under sub. (2) are owned by the district. Except as provided in par. (b), the district
9may not transfer ownership of any structure or any fill that is part of the project
10authorized under sub. (2).
SB55-ASA1-AA1,288,1211 (b) The district may transfer ownership of any structure or fill that is part of
12the project authorized under sub. (2) if all of the following apply:
SB55-ASA1-AA1,288,1413 1. The district transfers ownership of the structure or fill to a public entity, as
14defined by the department by rule.
SB55-ASA1-AA1,288,1615 2. Before transferring ownership of the structure or fill, the district obtains
16written approval of the transfer from the department.
SB55-ASA1-AA1,288,24 17(9) Access to property. An employee or agent of the department shall have free
18access during reasonable hours to the structures or fill that are part of the project
19authorized under sub. (2) for the purpose of inspecting the structures or fill to ensure
20that the project is in compliance with the requirements of this section. If the
21department determines that any structure or any fill that is part of the project
22authorized under sub. (2) does not comply with the requirements of this section, the
23department may require the owner of the structure or fill to modify the structure or
24fill to bring it into compliance or to remove the structure or fill.
SB55-ASA1-AA1,289,2
1(10) Exemptions. Section 30.12 does not apply to activities that are necessary
2for the implementation or maintenance of the project authorized under sub. (2).
SB55-ASA1-AA1, s. 1039am 3Section 1039am. 23.18 of the statutes is renumbered 278.18, and 278.18 (1)
4(a) and (b) (intro.), as renumbered, are amended to read:
SB55-ASA1-AA1,289,85 278.18 (1) (a) Advise the department, the department of fish, wildlife, parks,
6and forestry,
the governor and the legislature on matters relating to the
7environmental, recreational and economic revitalization of the Milwaukee River
8basin.
SB55-ASA1-AA1,289,109 (b) (intro.) Assist the department and the department of fish, wildlife, parks,
10and forestry
to:".
SB55-ASA1-AA1,289,11 11591. Page 450, line 14: after that line insert:
SB55-ASA1-AA1,289,12 12" Section 1039bn. 23.197 (2) (a) of the statutes is amended to read:
SB55-ASA1-AA1,289,1813 23.197 (2) (a) From the appropriation under s. 20.866 (2) (ta) or (tz) or both, the
14department shall provide funding to the city of Fort Atkinson for the restoration of
15a river wall along the Rock River. The amount provided by the department may not
16exceed the amount that equals the matching contribution made for the river wall by
17the city of Fort Atkinson or $96,500, whichever is less. The requirements for
18matching contributions under s. 30.277 23.0944 (5) shall apply.".
SB55-ASA1-AA1,289,19 19592. Page 451, line 18: delete lines 18 to 24.
SB55-ASA1-AA1,289,20 20593. Page 453, line 7: after that line insert:
SB55-ASA1-AA1,289,21 21" Section 1039t. 23.197 (9) of the statutes is created to read:
SB55-ASA1-AA1,290,322 23.197 (9) Prairie River restoration. From the appropriation under s. 20.866
23(2) (ta), the department shall provide funding to the city of Merrill in the amount of
24$493,500 for a project to restore an area on the exposed bed of the former flowage on

1the Prairie River. For the purposes of s. 23.0917, moneys provided under this
2subsection from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys
3obligated under the subprogram for property development and local assistance.".
SB55-ASA1-AA1,290,4 4594. Page 453, line 17: after that line insert:
SB55-ASA1-AA1,290,5 5" Section 1040m. 23.235 (3) of the statutes is amended to read:
SB55-ASA1-AA1,290,96 23.235 (3) The department may conduct research on the control of nuisance
7weeds. The secretaries of natural resources fish, wildlife, parks, and forestry and of
8agriculture, trade and consumer protection may authorize any person to plant or
9cultivate nuisance weeds for the purpose of controlled experimentation.".
SB55-ASA1-AA1,290,10 10595. Page 458, line 8: after that line insert:
SB55-ASA1-AA1,290,11 11" Section 1045Lc. 23.30 (3) (intro.) of the statutes is amended to read:
SB55-ASA1-AA1,290,1612 23.30 (3) Natural resources Fish, wildlife, parks, and forestry board. (intro.)
13The natural resources fish, wildlife, parks, and forestry board is the body through
14which all governmental agencies and nongovernmental agencies may coordinate
15their policies, plans and activities with regard to Wisconsin outdoor recreation
16resources. To this end it shall:
SB55-ASA1-AA1, s. 1045Lf 17Section 1045Lf. 23.31 (1) (a) of the statutes is amended to read:
SB55-ASA1-AA1,290,2218 23.31 (1) (a) To provide and develop recreation resources facilities within this
19state, the natural resources fish, wildlife, parks, and forestry board, subject to the
20limits provided in s. 20.866 (2) (tp), (ts) and (tt), may direct that state debt be
21contracted for providing recreation resources facilities or making additions to
22existing recreation resources facilities.
SB55-ASA1-AA1, s. 1045Lh 23Section 1045Lh. 23.31 (1) (b) of the statutes is amended to read:
SB55-ASA1-AA1,291,9
123.31 (1) (b) With their its biennial budget request to the department of
2administration, the natural resources fish, wildlife, parks, and forestry board shall
3include its request and plan for recreational acquisition and development funding
4under s. 23.30. This plan shall be approved by the governor and shall contain the
5policies regarding the priority types of land to be acquired and the nature and
6categories of the developments to be undertaken. Changes in priority types of land
7to be acquired and in categories of developments may not be made without approval
8of the governor. Any deviation which the governor approves shall be reviewed by the
9joint committee on finance.
SB55-ASA1-AA1, s. 1045Lj 10Section 1045Lj. 23.32 of the statutes, as affected by 1997 Wisconsin Act 27,
11is renumbered 278.32.
SB55-ASA1-AA1, s. 1045Ln 12Section 1045Ln. 23.325 (2) (a) of the statutes is amended to read:
SB55-ASA1-AA1,291,1513 23.325 (2) (a) After consultation with the department of transportation and the
14state cartographer, the department of natural resources fish, wildlife, parks, and
15forestry
shall select the photographic products to be sold.
SB55-ASA1-AA1, s. 1045Lp 16Section 1045Lp. 23.325 (3) of the statutes is amended to read:
SB55-ASA1-AA1,291,1817 23.325 (3) The department of natural resources fish, wildlife, parks, and
18forestry
may sell and may enter into contracts to sell the photographic products.
SB55-ASA1-AA1, s. 1045Lr 19Section 1045Lr. 23.325 (4) of the statutes is amended to read:
SB55-ASA1-AA1,291,2320 23.325 (4) All income received by the department of natural resources fish,
21wildlife, parks, and forestry
and the department of transportation from the sale of
22the photographic products, less the amount retained by the department of
23transportation under s. 85.10, shall be deposited in the conservation fund.".
SB55-ASA1-AA1,291,24 24596. Page 458, line 8: after that line insert:
SB55-ASA1-AA1,292,1
1" Section 1043m. 23.257 of the statutes is created to read:
SB55-ASA1-AA1,292,5 223.257 Geographic information systems. Notwithstanding s. 16.705 (1),
3if the department provides geographic information systems mapping services on or
4after July 1, 2002, it shall enter into a contract with a private entity to provide those
5services.".
SB55-ASA1-AA1,292,6 6597. Page 458, line 8: after that line insert:
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