15 20.923 (4) (g) 1p. Environmental quality, department of: secretary.
16Section 383. 23.09 (1) of the statutes is amended to read:
17 23.09 (1) Purposes. The purpose of this section is to provide an adequate and
18flexible system for the protection, development and use of forests, fish and game,
19lakes, streams, plant life, flowers and other outdoor resources in this state.
20Section 384. 23.09 (2) (d) 16. of the statutes is amended to read:
21 23.09 (2) (d) 16. For bluff protection under s. 30.24 23.0942.
22Section 385. 23.09 (2) (g) of the statutes is amended to read:
23 23.09 (2) (g) Forest protection. Establish and maintain an efficient fire fighting
24system for the protection of forests lands under the jurisdiction of the department.
25Section 386. 23.09 (2m) (b) of the statutes is amended to read:

123.09 (2m) (b) The department shall manage forest land under its jurisdiction
2in a manner that is consistent with, and that furthers the purpose of, the designation
3of that forest land as a state forest, southern state forest, state park, state trail, state
4natural area, state recreation area, or similar designation.
5Section 387. 23.09 (2p) (a) of the statutes is amended to read:
6 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.
19Section 388. 23.09 (2r) (b) of the statutes is amended to read:
20 23.09 (2r) (b) Land acquisition for urban river grants under s. 30.277 23.0944.
21Section 389. 23.09 (3) (a) of the statutes is renumbered 23.09 (3).
22Section 390. 23.09 (3) (b) of the statutes is renumbered 93.06 (11) (c).
23Section 391. 23.09 (11) (a) of the statutes is renumbered 23.09 (11) (ar).
24Section 392. 23.09 (11) (ag) of the statutes is created to read:

123.09 (11) (ag) In this subsection, "department" means the department of
2agriculture, trade and consumer protection.
3Section 393. 23.09 (17m) (a) of the statutes is renumbered 23.09 (17m) (am)
4and amended to read:
5 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).
9Section 394. 23.09 (17m) (ac) of the statutes is created to read:
10 23.09 (17m) (ac) In this subsection, "department" means the department of
11agriculture, trade and consumer protection.
12Section 395. 23.09 (17m) (b) of the statutes is amended to read:
13 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.
20Section 396. 23.09 (18) (a) of the statutes is amended to read:
21 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.
25Section 397. 23.09 (18) (b) of the statutes is amended to read:

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.
10Section 398. 23.09 (18) (c) of the statutes is amended to read:
11 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.
14Section 399. 23.09 (20) (ar) of the statutes is created to read:
15 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.
21Section 400. 23.09 (21m) of the statutes is amended to read:
22 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
.
3Section 401. 23.09 (26) (a) of the statutes is amended to read:
4 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.
10Section 402. 23.09 (26) (am) 2. of the statutes is amended to read:
11 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.
19Section 403. 23.0915 (1g) of the statutes is amended to read:
20 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.
24Section 404. 23.0915 (1r) (c) of the statutes is amended to read:

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).
4Section 405. 23.0915 (2g) of the statutes is amended to read:
5 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.
11Section 406. 23.0916 (3) (a) of the statutes is amended to read:
12 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)
.
20Section 407. 23.0917 (1) (c) of the statutes is amended to read:
21 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
.

1Section 408. 23.0917 (3) (a) of the statutes is amended to read:
2 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).
7Section 409. 23.0917 (3) (c) 1. of the statutes is amended to read:
8 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.
12Section 410. 23.0917 (4) (b) 4. of the statutes is amended to read:
13 23.0917 (4) (b) 4. Grants for urban rivers under ss. 23.096 and 30.277 23.0944.
14Section 411. 23.0917 (7) (a) of the statutes is amended to read:
15 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.
21Section 412. 23.0917 (7) (e) 1. of the statutes is amended to read:
22 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).
11Section 413. 23.094 (2) (a) of the statutes is amended to read:
12 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.
16Section 414. 23.095 (1m) (title) of the statutes is amended to read:
17 23.095 (1m) (title) Prohibition on department land certain state lands.
18Section 415. 23.095 (1m) (a) of the statutes is amended to read:
19 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.
25Section 416. 23.096 (2) (a) of the statutes is amended to read:

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.
6Section 417. 23.096 (3) (intro.) of the statutes is amended to read:
7 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:
10Section 418. 23.096 (3m) of the statutes is created to read:
11 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).
15Section 419. 23.096 (4) (a) 1. of the statutes is amended to read:
16 23.096 (4) (a) 1. The department that entered into the contract under sub. (3)
17or (3m)
approves the subsequent sale or transfer.
18Section 420. 23.096 (4) (a) 2. of the statutes is amended to read:
19 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).
22Section 421. 23.096 (4) (b) of the statutes is amended to read:
23 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.
3Section 422. 23.097 (1) of the statutes is renumbered 23.097 (1e).
4Section 423. 23.097 (1b) of the statutes is created to read:
5 23.097 (1b) In this section, "department" means the department of agriculture,
6trade and consumer protection.
7Section 424. 23.098 (1) (ag) of the statutes is amended to read:
8 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
.
13Section 425. 23.098 (2) of the statutes is amended to read:
14 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.
21Section 426. 23.098 (2m) of the statutes is created to read:
22 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.
3Section 427. 23.098 (3) of the statutes is amended to read:
4 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
.
11Section 428. 23.098 (4) (a) of the statutes is amended to read:
12 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.
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