LRB-1090/P4
EHS:skw&cdc
2021 - 2022 LEGISLATURE
DOA:......Hamer, BB0399 - Knowles-Nelson Stewardship reauthorization
For 2021-2023 Budget -- Not Ready For Introduction
An Act ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
natural resources
General natural resources
Extending the Warren Knowles-Gaylord Nelson Stewardship 2000 program
Current law authorizes the state to incur public debt for certain conservation activities under the Warren Knowles-Gaylord Nelson Stewardship 2000 program, which is administered by DNR. The state may incur this debt to acquire land for the state for conservation purposes and for property development activities and may award grants to local governments and nonprofit organizations to acquire land for these purposes. Current law establishes the amounts that DNR may obligate in each fiscal year through fiscal year 2021-22 for expenditure under each of five subprograms of the stewardship program.
This bill reauthorizes the stewardship program until fiscal year 2031-32 and sets at $70,000,000 the amount that DNR may obligate under the program in each fiscal year beginning in fiscal year 2022-23 and ending in fiscal year 2031-32. The bill increases to $1,788,850,000 the total amount of public debt that the state may contract under the program.
Beginning in fiscal year 2022-23 the bill increases the amount DNR may obligate in each fiscal year under the land acquisition subprogram from $21,000,000 to $26,000,000 until fiscal year 2025-26, and then decreases that amount to $25,000,000 in each fiscal year until 2031-32. Of that total amount, the bill increases from $9,000,000 to $10,000,000 the amount that DNR may obligate for DNR land acquisitions in each fiscal year. The bill requires DNR to set aside $1,000,000 in each fiscal year in fiscal years 2022-23 to 2025-26 to acquire land from the board of commissioners of public lands and to provide counties with 50 percent matching grants to acquire land from BCPL. The bill increases from $7,000,000 to $10,000,000 the amount in each fiscal year that must be set aside for grants awarded to nonprofit conservation organizations (NCOs).
The bill maintains the following amounts that DNR must set aside in each fiscal year for the following purposes under the land acquisition subprogram: $5,000,000 for the county forest grant program, $1,000,000 for the Ice Age Trail, and $2,000,000 to match federal Forest Legacy Program grants. The bill adds property development and maintenance to the activities for which stewardship moneys may be obligated for the Ice Age Trail and property development to the activities for which stewardship moneys may be obligated under the county forest grant program. In addition, the bill provides that the Ice Age Trail moneys may also be obligated for 50 percent matching grants to NCOs and local governments to acquire, develop, and maintain Ice Age Trail properties.
Beginning in fiscal year 2022-23 the bill increases from $9,750,000 to $41,000,000 the amount in each fiscal year that DNR may obligate under the property development and local assistance subprogram, and then increases this amount to $42,000,000 in each fiscal year beginning in fiscal year 2026-27 and ending with fiscal year 2031-32. Of that total amount, the bill increases from $3,250,000 to $22,000,000 the amount DNR must obligate in each fiscal year under current law for DNR property development beginning in fiscal year 2022-23, and then increases this amount to $23,000,000 in each fiscal year beginning in fiscal year 2026-27 and ending with fiscal year 2031-32. The bill increases from $6,000,000 to $18,000,000 the amount that DNR may obligate in each fiscal year for local assistance grants for property development. The bill requires DNR to set aside $1,000,000 in each fiscal year for grants to NCOs and friends groups for property development projects on DNR properties, with a limit of $80,000 in grants per DNR property in each fiscal year. Current law limits the amount that may be encumbered on those grants to $250,000 each fiscal year and $20,000 per DNR property. The bill eliminates all-terrain vehicle, utility terrain vehicle, and snowmobile projects as one of the purposes for which moneys may be obligated under the property development and local assistance subprogram.
Beginning in fiscal year 2022-23 the bill increases from $2,500,000 to $3,000,000 the amount in each fiscal year that DNR may obligate under the recreational boating aids subprogram.
Under the bill, if for fiscal years 2022-23, 2024-25, 2026-27, 2028-29, and 2030-31 DNR does not obligate the full amount it is authorized to obligate under the land acquisition, property development and local assistance, and recreational boating aids subprograms, DNR may obligate the unobligated amount in the next fiscal year for the purpose for which it was authorized. Then, if for fiscal years 2023-24, 2025-26, 2027-28, 2029-30, and 2031-32 DNR does not obligate the full amount it is authorized to obligate under those subprograms, plus any unobligated amount from the prior fiscal year, DNR may obligate those unobligated amounts in any fiscal year through 2031-32, but only for property development of DNR lands or on conservation easements adjacent to DNR lands.
Under current law, if DNR does not obligate the full amount it is authorized to obligate in a fiscal year for grants to NCOs, it may obligate the unobligated amount in the next fiscal year but only for county forest grants. Under the bill, if DNR does not obligate the full amount it is authorized to obligate for grants to NCOs for any of the fiscal years 2022-23, 2024-25, 2026-27, 2028-29, and 2030-31, it may obligate the unobligated amount in the next fiscal year but only for local assistance grants. If any of that unobligated amount remains after that second year, DNR may obligate it in any fiscal year through 2031-32, but only for property development of DNR lands or on conservation easements adjacent to DNR lands.
Under current law, generally, for any project or activity for which more than $250,000 of stewardship moneys are proposed to be obligated, DNR must obtain written approval for the project or activity from the joint committee on finance. The bill increases this threshold to $500,000. The bill also eliminates the requirement that DNR obtain written approval for obligating stewardship moneys for any land acquisition located north of STH 64.
Under current law, any person receiving a stewardship grant to acquire land on former managed forest land must allow public access to the land for nature-based outdoor activities, except that a person may prohibit public access for one or more nature-based outdoor activities if the Natural Resources Board determines the prohibition is necessary in order to protect public safety, protect a unique animal or plant community, or accommodate usership patterns. The bill eliminates a current law provision under which the exception with respect to accommodating usership patterns does not apply for land acquired after the effective date of the bill that is not for state trails or the Ice Age Trail.
The bill eliminates a limitation under current law that prohibits more than one-third of the amount set aside for DNR's acquisition of land from being obligated to acquire land in fee simple.
Finally, the bill eliminates a requirement under current law that DNR provide a written directory of all stewardship land that is open for public access.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1. 20.866 (2) (ta) of the statutes is amended to read:
20.866 (2) (ta) Natural resources; Warren Knowles-Gaylord Nelson stewardship 2000 program. From the capital improvement fund a sum sufficient for the Warren Knowles-Gaylord Nelson stewardship 2000 program under s. 23.0917. The state may contract public debt in an amount not to exceed $1,046,250,000 $1,746,250,000 for this program. The state may contract additional public debt in an amount up to $42,600,000 for this program. Except as provided in s. 23.0917 (4g) (b), (4m) (k), (5), (5g), and (5m), the amounts obligated, as defined in s. 23.0917 (1) (e), under this paragraph may not exceed $46,000,000 in fiscal year 2000-01, may not exceed $46,000,000 in fiscal year 2001-02, may not exceed $60,000,000 in each fiscal year beginning with fiscal year 2002-03 and ending with fiscal year 2009-10, may not exceed $86,000,000 in fiscal year 2010-11, may not exceed $60,000,000 in fiscal year 2011-12, may not exceed $60,000,000 in fiscal year 2012-13, may not exceed $47,500,000 in fiscal year 2013-14, may not exceed $54,500,000 in fiscal year 2014-15, and may not exceed $33,250,000 in each fiscal year beginning with 2015-16 and ending with fiscal year 2021-22, and may not exceed $70,000,000 in each fiscal year beginning with 2022-23 and ending with 2031-32.
Section
2. 23.0915 (2c) (d) of the statutes is amended to read:
23.0915 (2c) (d) No moneys may be committed for expenditure from the appropriation under s. 20.866 (2) (tz) after June 30, 2022 2032.
Section
3. 23.0916 (2) (am) of the statutes is amended to read:
23.0916 (2) (am) Later acquisitions. Except as provided in par. (b) or (c) and sub. (4), any person receiving a stewardship grant on or after July 1, 2011, 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.
Section
4. 23.0916 (2) (b) (intro.) of the statutes is amended to read:
23.0916 (2) (b) Authority to prohibit access; earlier acquisitions; trails. (intro.) Except as provided in par. (c), the The person receiving a stewardship grant subject to par. (a) or (am) may prohibit public access for one or more nature-based outdoor activities only if the natural resources board determines that it is necessary to do so in order to do any of the following:
Section
5. 23.0916 (2) (c) of the statutes is repealed.
Section
6. 23.0916 (3m) (a) of the statutes is amended to read:
23.0916 (3m) (a) Except as provided in par. (b), a determination by the natural resources board under sub. (2) (b) or (c) or (3) (b) or (c) with regard to public access on land or an easement requires 4 or more members of the natural resources board to concur in that determination if the land or easement was acquired on or after April 17, 2012.
Section
7. 23.0916 (5) (b) of the statutes is amended to read:
23.0916 (5) (b) A process for the review of determinations made under subs. (2) (b) or (c) and (3) (b) or (c).
Section
8. 23.09165 (2) (title) and (ac) of the statutes are consolidated and renumbered 23.09165 (2).
Section
9. 23.09165 (2) (bc) of the statutes is repealed.
Section
10. 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 2021-22 2031-32, 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. ss. 23.0953 and 23.096, except as provided under ss. par. (b) and ss. 23.0953 (2) (a), 23.197 (2m), (3m) (b), (7m), and (8), and 23.198 (1) (a).
Section
11. 23.0917 (3) (b) of the statutes is amended to read:
23.0917 (3) (b) In obligating moneys under the subprogram for land acquisition, the department shall set aside in each fiscal year $1,000,000 that may be obligated only for the department to acquire, develop, or maintain land for the ice age trail. The or for grants under s. 23.0961. Except as provided under sub. (5g) (ag), the period of time during which the moneys shall be set aside in each fiscal year shall begin on the July 1 of the fiscal year and end on the June 30 of the same fiscal year.
Section
12. 23.0917 (3) (bm) of the statutes is amended to read:
23.0917
(3) (bm) During the period beginning with fiscal year 2001-02 and ending with fiscal year
2021-22 2031-32, 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.
Section
13. 23.0917 (3) (br) 3. of the statutes is created to read:
23.0917 (3) (br) 3. For each fiscal year beginning with 2022-23 and ending with 2031-32, $10,000,000.
Section
14. 23.0917 (3) (bt) 3. of the statutes is created to read:
23.0917 (3) (bt) 3. For each fiscal year beginning with 2022-23 and ending with fiscal year 2031-32, $10,000,000.
Section
15. 23.0917 (3) (bw) of the statutes is amended to read:
23.0917 (3) (bw) In obligating moneys under the subprogram for land acquisition, the department shall set aside $5,000,000 for each fiscal year beginning with 2015-16 and ending with 2021-22 2031-32 to be obligated only to provide grants to counties under s. 23.0953.
Section
16. 23.0917 (3) (bx) of the statutes is created to read:
23.0917 (3) (bx) Beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, in obligating money under the subprogram for land acquisition, the department shall set aside $1,000,000 in each fiscal year that may be obligated only to acquire land from the board of commissioners of public lands under s. 24.59 (1) and for grants under s. 23.0953.
Section
17. 23.0917 (3) (dm) 8. of the statutes is created to read:
23.0917 (3) (dm) 8. For each fiscal year beginning with 2022-23 and ending with fiscal year 2025-26, $26,000,000.
Section
18. 23.0917 (3) (dm) 9. of the statutes is created to read:
23.0917 (3) (dm) 9. For each fiscal year beginning with 2026-27 and ending with fiscal year 2031-32, $25,000,000.
Section
19. 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 2021-22 2031-32, 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).
Section
20. 23.0917 (4) (c) 5. of the statutes is repealed.
Section
21. 23.0917 (4) (d) 1m. f. of the statutes is created to read:
23.0917 (4) (d) 1m. f. For each fiscal year beginning with 2022-23 and ending with fiscal year 2025-26, $41,000,000.
Section
22. 23.0917 (4) (d) 1m. g. of the statutes is created to read:
23.0917 (4) (d) 1m. g. For each fiscal year beginning with 2026-27 and ending with fiscal year 2031-32, $42,000,000.
Section
23. 23.0917 (4) (d) 2. of the statutes is renumbered 23.0917 (4) (d) 2. (intro.) and amended to read:
23.0917 (4) (d) 2. (intro.) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the The department may obligate not more than $8,000,000 in each fiscal year the following amounts for local assistance.:
Section
24. 23.0917 (4) (d) 2. a. of the statutes is created to read:
23.0917 (4) (d) 2. a. Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, $8,000,000.
Section
25. 23.0917 (4) (d) 2n. of the statutes is renumbered 23.0917 (4) (d) 2. b. and amended to read:
23.0917 (4) (d) 2. b. For fiscal year 2010-11,
the department may obligate not more than $11,500,000 for local assistance.
Section
26. 23.0917 (4) (d) 2p. of the statutes is renumbered 23.0917 (4) (d) 2. c. and amended to read:
23.0917 (4) (d) 2. c. In fiscal years 2011-2012 and 2012-13, the department may obligate not more than $8,000,000 in each fiscal year for local assistance.
Section
27. 23.0917 (4) (d) 2r. of the statutes is renumbered 23.0917 (4) (d) 2r. (intro.) and amended to read:
23.0917 (4) (d) 2r. (intro.) Beginning with fiscal year 2013-14 and ending with fiscal year 2021-22, the The department shall obligate $6,000,000 in each fiscal year the following amounts for local assistance.:
Section
28. 23.0917 (4) (d) 2r. a. of the statutes is created to read:
23.0917 (4) (d) 2r. a. Beginning with fiscal year 2013-14 and ending with fiscal year 2021-22, $6,000,000.
Section
29. 23.0917 (4) (d) 2r. b. of the statutes is created to read:
23.0917 (4) (d) 2r. b. Beginning with fiscal year 2022-23 and ending with fiscal year 2031-32, $18,000,000.
Section
30. 23.0917 (4) (d) 3. c. of the statutes is created to read:
23.0917 (4) (d) 3. c. Beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, $22,000,000.
Section
31. 23.0917 (4) (d) 3. d. of the statutes is created to read:
23.0917 (4) (d) 3. d. Beginning with fiscal year 2026-27 and ending with fiscal year 2031-32, $23,000,000.
Section
32. 23.0917 (4) (e) of the statutes is created to read:
23.0917 (4) (e) During the period beginning with fiscal year 2022-23 and ending with fiscal year 2031-32, in obligating money under the subprogram for property development and local assistance, the department shall set aside not less than a total of $1,000,000 in each fiscal year that may be obligated only for grants under s. 23.098.
Section
33. 23.0917 (4j) (b) of the statutes is renumbered 23.0917 (4j) (b) (intro.) and amended to read:
23.0917 (4j) (b) (intro.) For fiscal year 2007-08, the The department may not obligate more than $1,500,000 the following amounts 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 2021-22, 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.
:
Section
34. 23.0917 (4j) (b) 1., 2. and 3. of the statutes are created to read:
23.0917 (4j) (b) 1. For fiscal year 2007-08, $1,500,000.
2. For each fiscal year beginning with fiscal year 2008-09 and ending with fiscal year 2021-22, $2,500,000.
3. For each fiscal year beginning with fiscal year 2022-23 and ending with fiscal year 2031-32, $3,000,000.
Section
35. 23.0917 (5g) (ag) of the statutes is created to read:
23.0917 (5g) (ag) 1. Except as provided in par. (b), if for each of the fiscal years 2022-23, 2024-25, 2026-27, 2028-29, and 2030-31 the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3), (4), or (4j) that is less than the annual bonding authority under that subprogram for that fiscal year, the department may obligate the unobligated amount in the next fiscal year but only for the purpose for which it was authorized under that subprogram.
2. Except as provided in par. (b), if for each of the fiscal years 2023-24, 2025-26, 2027-28, 2029-30, and 2031-32 the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3), (4), or (4j) that is less than the annual bonding authority under that subprogram for that fiscal year plus any unobligated amount from the prior fiscal year under subd. 1., the department may obligate those unobligated amounts in any subsequent fiscal year ending with fiscal year 2031-32, but only for the purposes authorized in sub. (4) (c) 1. and 2.
Section
36. 23.0917 (5g) (b) of the statutes is renumbered 23.0917 (5g) (b) 1. and amended to read:
23.0917 (5g) (b) 1. If in a given fiscal year beginning with fiscal year 2013-14 and ending with fiscal year 2021-22 the amount that the department obligates from the moneys appropriated under s. 20.866 (2) (ta) to provide grants to nonprofit conservation organizations under s. 23.096 is less than the amount set aside for that purpose under sub. (3) (br) in that fiscal year, the department may obligate the unobligated amount in the next fiscal year but only for the purpose of awarding a grant under s. 23.0953 to a county for the acquisition of land for a county forest under s. 28.11.
Section
37. 23.0917 (5g) (b) 2. and 3. of the statutes are created to read:
23.0917 (5g) (b) 2. If for any of the fiscal years 2022-23, 2024-25, 2026-27, 2028-29, and 2030-31 the amount that the department obligates from the moneys appropriated under s. 20.866 (2) (ta) to provide grants to nonprofit conservation organizations under s. 23.096 is less than the amount set aside for that purpose under sub. (3) (br) in that fiscal year, the department may obligate the unobligated amount in the next fiscal year but only for local assistance under sub. (4).
3. If in fiscal years 2023-24, 2025-26, 2027-28, 2029-30, and 2031-32 the department does not obligate the full unobligated amount from the prior fiscal year under subd. 2., the department may obligate that unobligated amount in any subsequent fiscal year ending with fiscal year 2031-32, but only for the purposes authorized in sub. (4) (c) 1. and 2.
Section
38. 23.0917 (6m) (c) of the statutes is amended to read:
23.0917 (6m) (c) The procedures under par. (a) apply only to an amount for a project or activity that exceeds $250,000 $500,000, except as provided in pars. (d), and (dg), (dm), and (dr).
Section
39. 23.0917 (6m) (dm) (intro.) and 1. of the statutes are amended to read:
23.0917 (6m) (dm) (intro.) The procedures under par. (a) apply to an amount for a project or activity that is less than or equal to $250,000 $500,000 if all of the following apply:
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 $250,000 $500,000.
Section
40. 23.0917 (6m) (dr) of the statutes is repealed.
Section
41. 23.0917 (8) (f) 2. of the statutes is amended to read:
23.0917 (8) (f) 2. Beginning with fiscal year 2013-14
and ending with fiscal year 2021-22, of the amount set aside for a given fiscal year under sub. (3) (bt), not more than one-third of that amount may be obligated for the purpose of the acquisition of land by the department.
Section
42. 23.0917 (12) of the statutes is amended to read:
23.0917 (12) Expenditures after 2022. No moneys may be obligated from the appropriation under s. 20.866 (2) (ta) after June 30, 2022 2032.
Section
43. 23.0953 (2) (a) (intro.) of the statutes is amended to read:
23.0953 (2) (a) (intro.) Beginning with fiscal year 2010-11 and ending with fiscal year 2021-22 2031-32, the department shall establish a grant program under which the department may award a grant to a county for any of the following:
Section
44. 23.0953 (2) (a) 1. of the statutes is amended to read:
23.0953 (2) (a) 1. Acquisition of land for Land acquisition or for property development or maintenance of a county forest under s. 28.11.
Section
45. 23.0953 (2) (a) 2. of the statutes is amended to read:
23.0953 (2) (a) 2. Acquisition of land Land acquisition, property development, or maintenance for a project that promotes nature-based outdoor recreation or conservation and for which the department is requesting the county's assistance.
Section
46. 23.0961 of the statutes is created to read:
23.0961 Ice age trail grants.
(1) In this section, “nonprofit conservation organization” has the meaning given in s. 23.0955 (1).
(2) The department may award grants from the appropriation under s. 20.866 (2) (ta) to nonprofit conservation organizations, counties, cities, villages, or towns to acquire, develop, or maintain land for the ice age trail.
(3) Each nonprofit conservation organization receiving a grant under this section shall provide matching funds that are equal to at least 50 percent of the cost of the project for which a grant is being provided.
(4) For purposes of s. 23.0917, grants under this section shall be treated as moneys obligated from the subprogram under s. 23.0917 (3).
Section
47. 23.0964 of the statutes is created to read:
23.0964 Grants to acquire public lands. The department may award grants from the appropriation under s. 20.866 (2) (ta) to counties to acquire land from the board of commissioners of public lands. Each county receiving a grant under this section shall provide matching funds that are equal to at least 50 percent of the cost of the project for which a grant is being provided. For purposes of s. 23.0917, grants under this section shall be treated as moneys obligated from the subprogram under s. 23.0917 (3).
Section
48. 23.098 (2) of the statutes is amended to read:
23.098 (2) The department shall establish a program to make grants from the appropriations under s. 20.866 (2) (ta) and (tz) to friends groups and nonprofit conservation organizations for projects for property development activities on department properties. The department may not encumber more than
$250,000 $1,000,000 in each fiscal year for these grants.
Section
49. 23.098 (4) (b) of the statutes is amended to read:
23.098 (4) (b) The department may not encumber more than $20,000 $80,000 for grants under this section for a department property in each fiscal year.
Section
50. 23.33 (9) (bd) of the statutes is repealed.
Section 51
. 350.12 (4) (b) (intro.) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:
350.12 (4) (b) Trail aids and related costs. (intro.) The moneys appropriated under s. 20.370 (1) (mq) and (5) (cb), (cr), (cs), and (cw) shall be used for development and maintenance, the cooperative snowmobile sign program, major reconstruction or rehabilitation to improve bridges on existing approved trails, trail rehabilitation, signing of snowmobile routes, state snowmobile trails and areas, and real-time online tracking of snowmobile trail grooming and geographic information system mapping of snowmobile trails. The department may also obligate from the appropriation account under s. 20.866 (2) (ta) moneys for any of these purposes, except maintenance and except online snowmobile trail grooming tracking and mapping of snowmobile trails. Except as provided in par. (bd), the moneys shall be distributed as follows:
****Note: This is reconciled s. 350.12 (4) (b) (intro.). This Section has been affected by drafts with the following LRB numbers: -1018/P1 and -1090/P3.
Section 9332.
Initial applicability; Natural Resources.
(1) Changes to authority to prohibit access to land acquired using stewardship moneys. The treatment of s. 23.0916 (2) (b) and (c) first applies to a person receiving a stewardship grant subject to s. 23.0916 (2) (a) or (am) on the effective date of this subsection.
Section 9432.
Effective dates; Natural Resources.
(1) Recreational vehicle stewardship projects. The treatment of ss. 23.33 (9) (bd), 23.0917 (4) (c) 5., and 350.12 (4) (b) (intro.) (by Section 51) takes effect on July 1, 2022.
(End)
