Amendment CSA1-SB40

SB40-CSA1,432,13 (a) "Former managed forest land" means land that was withdrawn from the managed forest land program under subch. VI of ch. 77 on or after the effective date of this paragraph .... [revisor inserts date].

SB40-CSA1,432,16 (b) "Nature-based outdoor activity" means hunting, fishing, trapping, hiking, cross-country skiing, and any other nature-based outdoor activity designated by rule by the department for purposes of this section.

SB40-CSA1,432,18 (c) "Stewardship grant" means a grant that consists in whole or in part of funding from the stewardship program under s. 23.0917.

SB40-CSA1,432,23 (2) Requirement of access; nondepartment land. (a) Except as provided in par. (b) and sub. (4), any person receiving a stewardship grant on or after the effective date of this paragraph .... [revisor inserts date], that will be used to acquire land in fee simple or to acquire an easement on former managed forest land shall permit public access to the land for nature-based outdoor activities.

SB40-CSA1,433,3 (b) The person receiving the stewardship grant may prohibit public access for one or more nature-based outdoor activities, if the natural resources board determines that it is necessary to do so in order to do any of the following:

SB40-CSA1,433,4 1. Protect public safety.

SB40-CSA1,433,5 2. Protect a unique animal or plant community.

SB40-CSA1,433,6 3. Accommodate usership patterns, as defined by rule by the department.

SB40-CSA1,433,11 (3) Requirement of access; department land. (a) Except as provided in par. (b) and sub. (4) and ss. 29.089, 29.091, 29.301 (1) (b), and 29.621 (4), the department shall permit public access for nature-based outdoor activities by others on land that is acquired by the department in fee simple or is an easement acquired by the department on former managed forest land.

SB40-CSA1,433,14 (b) The department may prohibit public access for one or more nature-based outdoor activities if the natural resources board determines that it is necessary to do so in order to do any of the following:

SB40-CSA1,433,15 1. Protect public safety.

SB40-CSA1,433,16 2. Protect a unique animal or plant community.

SB40-CSA1,433,17 3. Accommodate usership patterns, as defined by rule by the department.

SB40-CSA1,433,20 (4) Fish and game refuges. The department or an owner of land that is in a fish or game refuge and that is subject to sub. (2) (a) or (3) (a) may prohibit hunting, fishing, or trapping, or any combination thereof.

SB40-CSA1,433,22 (5) Rules. The natural resources board, by rule, shall develop all of the following:

SB40-CSA1,434,2 (a) Provisions relating to public access for nature-based outdoor activities for all lands other than those subject to sub. (2) (a) or (3) (a) that are acquired in whole or in part with funding from the stewardship programs under ss. 23.0915 and 23.0917.

SB40-CSA1,434,4 (b) A process for the review of determinations made under subs. (2) (b) and (3) (b).

SB40-CSA1,434,14 (6) Reporting requirement. The department shall prepare an annual report that identifies all land subject to this section that has been acquired during each fiscal year and upon which public access for any nature-based outdoor activity is prohibited. For each acquisition, the report shall specify for which of these nature-based outdoor activities public access is prohibited and shall include the reason for the prohibition. The department shall submit the report to the joint committee on finance and to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3). The department shall submit the report no later than November 15 for the preceding fiscal year and shall submit the first report no later than November 15, 2008.

SB40-CSA1, s. 638mj Section 638mj. 23.09165 of the statutes is created to read:

SB40-CSA1,434,17 23.09165 Stewardship programs information and public access notice. (1) Definitions. In this section:

SB40-CSA1,434,18 (a) "Department land" has the meaning given in s. 23.0917 (1) (c).

SB40-CSA1,434,19 (b) "Land" has the meaning given in s. 23.0917 (1) (d).

SB40-CSA1,434,21 (c) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).

SB40-CSA1,434,23 (d) "Stewardship land" means land that is acquired in whole or in part with funding from one or both stewardship programs.

SB40-CSA1,434,25 (e) "Stewardship program" means the stewardship program under s. 23.0915 or 23.0917.

SB40-CSA1,435,5 (2) Land mapping and directory. (a) Within 48 months after the effective date of this paragraph .... [revisor inserts date], the department shall establish and maintain an interactive mapping tool at the department's Web site that identifies all stewardship land that is open for public access. Public access to the mapping tool at the Web site shall be available without charge.

SB40-CSA1,435,15 (b) Within 48 months after the effective date of this paragraph .... [revisor inserts date], the department shall make available a directory of all stewardship land that is open for public access. The directory shall be organized by county and town and shall clearly show the location of the stewardship land and named or numbered roads. The directory shall be updated at least every 2 years. The department may charge a fee for the directory, but the fee may not exceed the cost of the publication of the directory. In lieu of the department preparing and making available a directory, the department may provide to the public at the department's cost, a map, book, or directory that meets the requirements of this subsection and that is published by a private entity.

SB40-CSA1,436,2 (3) Notice of access to stewardship land. (a) An owner of stewardship land acquired on or after the effective date of this paragraph .... [revisor inserts date], shall, within 6 months after the disbursement of the stewardship program funds, provide notice of public access to the stewardship land by the placement of signs adequate to give notice. The owner of stewardship land acquired before the effective date of this paragraph .... [revisor inserts date], shall provide notice of public access to the stewardship land by the placement of signs adequate to give notice within 48 months after the effective date of this paragraph .... [revisor inserts date]. The area of each sign shall be at least 108 square inches, and each sign shall be made of a durable substance. The signs shall be placed at major access points to the stewardship land.

SB40-CSA1,436,14 (b) If the stewardship land that is acquired on or after the effective date of this paragraph .... [revisor inserts date], is surrounded by department land, the department shall, within 6 months after the disbursement of stewardship program funds, provide notice of public access to the stewardship land by the placement of signs adequate to give notice at the major access points to the department land. If the stewardship land that is acquired before the effective date of this paragraph .... [revisor inserts date], is surrounded by department land, the department shall provide notice of public access to the stewardship land by the placement of signs adequate to give notice at the major access points to the department land within 48 months after the effective date of this paragraph .... [revisor inserts date]. The area of each sign shall be at least 108 square inches, and each sign shall be made of a durable substance.

SB40-CSA1,436,23 (c) The signs required under pars. (a) and (b) shall list either the primary activities that are restricted or prohibited on the stewardship land or the primary activities that are permitted on the stewardship land. The signs shall include either the name of the owner of the stewardship land or a person to contact regarding the stewardship land. Signs shall also be placed at the specified major access points that give notice that the stewardship land was acquired in whole or in part using stewardship program funds. The department may specify the amount of detail that is required on the signs to assure that the signs provide sufficient and useful information.

SB40-CSA1,437,3 (d) If the stewardship land described under par. (a) or (b) has a cumulative acreage of 10 acres or more, the signs under par. (a) or (b) shall also include one of the following:

SB40-CSA1,437,5 1. The postal address or telephone number of the owner of the stewardship land.

SB40-CSA1,437,7 2. The postal address or telephone number of a person to contact regarding the stewardship land.

SB40-CSA1,437,9 3. An Internet Web site address where a person can locate the information listed in subd. 1. or 2.

SB40-CSA1,437,13 (e) Within 48 months after the effective date of this paragraph .... [revisor inserts date], the department shall provide a list of all stewardship land that was acquired before the effective date of this paragraph .... [revisor inserts date], and for which public access has been restricted or prohibited and the reasons for that action.

SB40-CSA1,437,17 (f) If an owner of any stewardship land fails to comply with the requirements of par. (a), that person is not eligible for any subprogram or grant or other state aid under the stewardship programs until the department determines that the person is in compliance with par. (a).

SB40-CSA1,438,2 (g) If the department is notified that a sign required under par. (a) or (b) needs replacing, within 28 days after receiving that notification the department shall determine if the sign needs to be replaced. The department shall replace any sign required under par. (b) within 28 days after determining that the sign needs to be replaced. Within 7 days after determining that a sign required under par. (a) needs to be replaced, the department shall notify the owner of that determination. The owner of stewardship land that placed signs as required under par. (a) shall be ineligible for any subprogram or grant or other state aid under the stewardship programs if the sign is not replaced within 3 months after receiving the notice.

SB40-CSA1,438,7 (h) If the department authorizes a nonprofit conservation organization to charge a fee for hunting on stewardship land, the fee for the hunting season may not exceed the sum of the fee for a daily resident vehicle admission receipt under s. 27.01 (7) (f) 2. and the issuing fee for a daily vehicle admission receipt under s. 27.01 (7) (gr).

SB40-CSA1,438,10 (4) Contact information. An owner of stewardship land shall provide information requested by the department that will enable the department to contact that owner.

SB40-CSA1,438,12 (5) Applicability. This section does not apply to the following stewardship land:

SB40-CSA1,438,13 (a) Easements used for trails.

SB40-CSA1,438,15 (b) Easements for which the primary purpose of the easement is not public access.

SB40-CSA1,438,16 (c) Land acquired or managed under s. 23.17.

SB40-CSA1, s. 638r Section 638r. 23.0917 (2) (a) 3m. of the statutes is created to read:

SB40-CSA1,438,18 23.0917 (2) (a) 3m. A subprogram for recreational boating aids.

SB40-CSA1, s. 639 Section 639. 23.0917 (3) (a) of the statutes is amended to read:

SB40-CSA1,438,24 23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10 2019-20, 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), (7m), and (8) and 23.198 (1) (a).

SB40-CSA1, s. 640 Section 640. 23.0917 (3) (bm) of the statutes is amended to read:

SB40-CSA1,439,5 23.0917 (3) (bm) During the period beginning with fiscal year 2001-02 and ending with fiscal year 2009-10 2019-20, in obligating money under the subprogram for land acquisition, the department shall set aside not less than a total of $ 2,000,000 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.

SB40-CSA1, s. 641 Section 641. 23.0917 (3) (br) of the statutes is created to read:

SB40-CSA1,439,11 23.0917 (3) (br) Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, in obligating moneys under the subprogram for land acquisition, the department shall set aside in each fiscal year not less than $12,000,000 that may be obligated only to provide for grants awarded to nonprofit conservation organizations under s. 23.096.

SB40-CSA1, s. 642c Section 642c. 23.0917 (3) (dm) 2. of the statutes is amended to read:

SB40-CSA1,439,14 23.0917 (3) (dm) 2. For each fiscal year beginning with fiscal year 2002-03 and ending with fiscal year 2009-10 2006-07, $45,000,000.

SB40-CSA1, s. 642d Section 642d. 23.0917 (3) (dm) 3. and 3m. of the statutes are created to read:

SB40-CSA1,439,16 23.0917 (3) (dm) 3. For fiscal year 2007-08, $43,500,000.

SB40-CSA1,439,17 3m. For fiscal years 2008-09 and 2009-10, $42,500,000.

SB40-CSA1, s. 642e Section 642e. 23.0917 (3) (dm) 4. of the statutes is created to read:

SB40-CSA1,439,20 23.0917 (3) (dm) 4. For each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, $62,000,000.

SB40-CSA1, s. 643 Section 643. 23.0917 (4) (a) of the statutes is amended to read:

SB40-CSA1,440,2 23.0917 (4) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10 2019-20, 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).

SB40-CSA1, s. 644d Section 644d. 23.0917 (4) (d) 1. of the statutes is amended to read:

SB40-CSA1,440,11 23.0917 (4) (d) 1. The department may obligate not more than $11,500,000 in 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). For each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department may obligate not more than $21,500,000 under the subprogram except as provided in sub. (5).

SB40-CSA1, s. 645b Section 645b. 23.0917 (4) (d) 2. of the statutes is amended to read:

SB40-CSA1,440,15 23.0917 (4) (d) 2. The Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the department may obligate not more than $8,000,000 in each fiscal year for local assistance.

SB40-CSA1, s. 646b Section 646b. 23.0917 (4) (d) 2n. of the statutes is created to read:

SB40-CSA1,440,19 23.0917 (4) (d) 2n. Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department may obligate not more than $11,500,000 in each fiscal year for local assistance.

SB40-CSA1, s. 646m Section 646m. 23.0917 (4j) of the statutes is created to read:

SB40-CSA1,440,25 23.0917 (4j) Recreational boating aids. (a) In this subsection "local governmental unit" means a city, village, town, or county, a lake sanitary district, as defined in s. 30.50 (4q), a public inland lake protection and rehabilitation district organized under ch. 33, or any other local governmental unit, as defined in s. 66.0131 (1) (a), that is established for the purpose of lake management.

SB40-CSA1,441,6 (b) For fiscal year 2007-08, the department may not obligate more than $1,500,000 for cost-sharing with local governmental units for recreational boating projects under s. 30.92. For each fiscal year beginning with fiscal year 2008-09 and ending with fiscal year 2019-20, the department may not obligate more than $2,500,000 for cost-sharing with local governmental units for recreational boating projects under s. 30.92.

SB40-CSA1, s. 646r Section 646r. 23.0917 (5m) (a) of the statutes is amended to read:

SB40-CSA1,441,11 23.0917 (5m) (a) Beginning in fiscal year 1999-2000, the department, subject to the approval of the governor and the joint committee on finance under sub. (6) (6m), may obligate under the subprogram for land acquisition any amount not in excess of the total bonding authority for that subprogram for the acquisition of land.

SB40-CSA1, s. 646t Section 646t. 23.0917 (6m) of the statutes is created to read:

SB40-CSA1,441,25 23.0917 (6m) Review by joint committee on finance. (a) The department may not obligate from the appropriation under s. 20.866 (2) (ta) for a given project or activity any moneys unless it first notifies the joint committee on finance in writing of the proposal. The committee may schedule a meeting to review the department's proposal only if at least 5 members of the committee, one of whom is a cochairperson, object to the proposal in writing. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposal, the department may obligate the moneys. If, within 14 working days after the date of the notification by the department, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposal, the department may obligate the moneys only upon approval of the committee unless par. (b) applies.

SB40-CSA1,442,3 (b) If the committee does not hold the meeting to review the department's proposal within the time specified in par. (bg), the department may obligate the moneys.

SB40-CSA1,442,6 (bg) 1. Except as provided in subd. 2., the committee shall hold a meeting to review the department's proposal within 16 working days after the cochairpersons notify the department that a meeting has been scheduled.

SB40-CSA1,442,11 2. The committee shall hold a meeting to review the department's proposal within 31 working days after the cochairpersons notify the department that a meeting has been scheduled if the notification is made after the last day of the legislature's final general-business floorperiod but before the convening of the next legislature on the day specified under s. 13.02 (1).

SB40-CSA1,442,13 (c) The procedures under pars. (a) and (b) apply only to an amount for a project or activity that exceeds $750,000, except as provided in pars. (d) and (dm).

SB40-CSA1,442,15 (d) The procedures under pars. (a) and (b) apply to any land acquisition under sub. (5m).

SB40-CSA1,442,17 (dm) The procedures under pars. (a) and (b) apply to an amount for a project or activity that is less than or equal to $750,000 if all of the following apply:

SB40-CSA1,442,21 1. The project or activity is so closely related to one or more other department projects or activities for which the department has proposed to obligate or has obligated moneys under s. 20.866 (2) (ta) that the projects or activities, if combined, would constitute a larger project or activity that exceeds $750,000.

SB40-CSA1,442,23 2. The project or activity was separated from a larger project or activity by the department primarily to avoid the procedures under pars. (a) and (b).

SB40-CSA1,443,3 (e) This subsection does not apply to moneys obligated for the purpose of property development as described under sub. (4) or to moneys obligated for land acquired by the department under s. 24.59 (1).

SB40-CSA1, s. 647 Section 647. 23.0917 (7) (a) of the statutes is amended to read:

SB40-CSA1,443,10 23.0917 (7) (a) Except as provided in pars. (b) and (c), for purposes of calculating the acquisition costs for acquisition of land under ss. 23.09 (19), (20) and (20m), 23.092 (4), 23.094 (3g), 23.0953, 23.096, 30.24 (4) and 30.277 from the appropriation under s. 20.866 (2) (ta), the acquisition costs shall equal the sum of the land's current fair market value and other acquisition costs, as determined by rule by the department.

SB40-CSA1, s. 647m Section 647m. 23.0917 (7) (e) of the statutes is renumbered 23.0917 (7) (e) 1. and amended to read:

SB40-CSA1,444,2 23.0917 (7) (e) 1. 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, the department shall use at least 2 appraisals to determine the fair market value of the land. The governmental unit or nonprofit conservation organization shall submit to the department one appraisal that is paid for by the governmental unit or nonprofit conservation organization. The department shall obtain its own independent appraisal. The department may also require that the governmental unit or nonprofit conservation organization submit a 3rd independent appraisal. The department shall reimburse the governmental unit or nonprofit conservation organization up to 50% of the costs of the 3rd appraisal as part of the acquisition costs of the land if the land is acquired by the governmental unit or nonprofit conservation organization with moneys obligated from the appropriation under s. 20.866 (2) (ta). This paragraph

SB40-CSA1,444,4 2. Subdivision 1. does not apply if the fair market value of the land is estimated by the department to be $200,000 $350,000 or less.

SB40-CSA1, s. 647r Section 647r. 23.0917 (8) (e) of the statutes is created to read:

SB40-CSA1,444,9 23.0917 (8) (e) Beginning with fiscal year 2007-08, the department may not obligate from the appropriation under s. 20.866 (2) (ta) more than 20 percent of the available bonding authority in a fiscal year for the acquisition of parcels of lands that are less than 10 acres in size.