AB926: Bill Text

AB926,72,15 20.923 (4) (g) 1p. Environmental quality, department of: secretary.

AB926, s. 383 Section 383. 23.09 (1) of the statutes is amended to read:

AB926,72,19 23.09 (1) Purposes. The purpose of this section is to provide an adequate and flexible system for the protection, development and use of forests, fish and game, lakes, streams, plant life, flowers and other outdoor resources in this state.

AB926, s. 384 Section 384. 23.09 (2) (d) 16. of the statutes is amended to read:

AB926,72,21 23.09 (2) (d) 16. For bluff protection under s. 30.24 23.0942.

AB926, s. 385 Section 385. 23.09 (2) (g) of the statutes is amended to read:

AB926,72,24 23.09 (2) (g) Forest protection. Establish and maintain an efficient fire fighting system for the protection of forests lands under the jurisdiction of the department.

AB926, s. 386 Section 386. 23.09 (2m) (b) of the statutes is amended to read:

AB926,73,4 23.09 (2m) (b) The department shall manage forest land under its jurisdiction in a manner that is consistent with, and that furthers the purpose of, the designation of that forest land as a state forest, southern state forest, state park, state trail, state natural area, state recreation area, or similar designation.

AB926, s. 387 Section 387. 23.09 (2p) (a) of the statutes is amended to read:

AB926,73,18 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 state forest or a state recreation area. The department of agriculture, trade and consumer protection shall determine the value of land donated to the state that is within the project boundaries of a state forest under its jurisdiction. 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.

AB926, s. 388 Section 388. 23.09 (2r) (b) of the statutes is amended to read:

AB926,73,20 23.09 (2r) (b) Land acquisition for urban river grants under s. 30.277 23.0944.

AB926, s. 389 Section 389. 23.09 (3) (a) of the statutes is renumbered 23.09 (3).

AB926, s. 390 Section 390. 23.09 (3) (b) of the statutes is renumbered 93.06 (11) (c).

AB926, s. 391 Section 391. 23.09 (11) (a) of the statutes is renumbered 23.09 (11) (ar).

AB926, s. 392 Section 392. 23.09 (11) (ag) of the statutes is created to read:

AB926,74,2 23.09 (11) (ag) In this subsection, "department" means the department of agriculture, trade and consumer protection.

AB926, s. 393 Section 393. 23.09 (17m) (a) of the statutes is renumbered 23.09 (17m) (am) and amended to read:

AB926,74,8 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) 20.115 (5) (sL).

AB926, s. 394 Section 394. 23.09 (17m) (ac) of the statutes is created to read:

AB926,74,11 23.09 (17m) (ac) In this subsection, "department" means the department of agriculture, trade and consumer protection.

AB926, s. 395 Section 395. 23.09 (17m) (b) of the statutes is amended to read:

AB926,74,19 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) 20.115 (5) (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.

AB926, s. 396 Section 396. 23.09 (18) (a) of the statutes is amended to read:

AB926,74,24 23.09 (18) (a) In each fiscal year, the department of agriculture, trade and consumer protection 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.

AB926, s. 397 Section 397. 23.09 (18) (b) of the statutes is amended to read:

AB926,75,9 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) 20.115 (5) (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) 20.115 (5) (tm) for the fiscal year.

AB926, s. 398 Section 398. 23.09 (18) (c) of the statutes is amended to read:

AB926,75,13 23.09 (18) (c) The department of agriculture, trade and consumer protection shall calculate and issue the payment for each eligible county by October 1 following each fiscal year.

AB926, s. 399 Section 399. 23.09 (20) (ar) of the statutes is created to read:

AB926,75,20 23.09 (20) (ar) For each fiscal year, the department of natural resources and the department of agriculture, trade and consumer protection 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.

AB926, s. 400 Section 400. 23.09 (21m) of the statutes is amended to read:

AB926,76,2 23.09 (21m) Environmental cleanup. The department of natural resources may engage in environmental clean-up activities on the lands under its ownership, management, supervision, or control and on state forest lands under the ownership, management, supervision, or control of the department of agriculture, trade and consumer protection.

AB926, s. 401 Section 401. 23.09 (26) (a) of the statutes is amended to read:

AB926,76,9 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.

AB926, s. 402 Section 402. 23.09 (26) (am) 2. of the statutes is amended to read:

AB926,76,18 23.09 (26) (am) 2. Enter into agreements with the department of natural resources to use for snowmobile trails, facilities, or areas lands owned or leased by the that department and enter into agreements with the department of agriculture, trade and consumer protection to use for snowmobile trails, facilities, or forest lands owned or leased by that department. No lands of the department of natural resources or the department of agriculture, trade and consumer protection to be used for snowmobiling purposes within the meaning of this subsection may be obtained through condemnation.

AB926, s. 403 Section 403. 23.0915 (1g) of the statutes is amended to read:

AB926,76,23 23.0915 (1g) Land acquisition; urban river grants. Beginning in fiscal year 1992-93 and ending in fiscal year 1999-2000, the department for each fiscal year shall designate for expenditure $1,900,000 of the moneys appropriated under s. 20.866 (2) (tz) for land acquisition for urban river grants under s. 30.277 23.0944.

AB926, s. 404 Section 404. 23.0915 (1r) (c) of the statutes is amended to read:

AB926,77,3 23.0915 (1r) (c) For land acquisition, the department shall designate for expenditure $900,000 for urban river grants under s. 30.277 23.0944 and for grants under s. 23.096 for the purposes under s. 30.277 23.0944 (2) (a).

AB926, s. 405 Section 405. 23.0915 (2g) of the statutes is amended to read:

AB926,77,10 23.0915 (2g) Funds for Monona terrace project. If all of the money set aside under s. 23.195 for the Frank Lloyd Wright Monona terrace project is not expended before July 1, 1998, the department shall make the unexpended moneys available for expenditure for land acquisition and for urban river grants under s. 30.277 23.0944. The moneys expended for the Frank Lloyd Wright Monona terrace project are expended as an amount for land acquisition.

AB926, s. 406 Section 406. 23.0916 (3) (a) of the statutes is amended to read:

AB926,77,19 23.0916 (3) (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 that is an easement acquired by the department on former managed forest land and that was acquired by the department of natural resources pursuant to its authority under s. 23.09 (2) (d) 1. or 5., 2007, stats., or s. 23.09 (2) (d) or that was acquired by the department of agriculture, trade and consumer protection pursuant to its authority under s. 28.012 or 28.02 (2).

AB926, s. 407 Section 407. 23.0917 (1) (c) of the statutes is amended to read:

AB926,77,25 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 of natural resources 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 agriculture, trade and consumer protection and that is state forest land.

AB926, s. 408 Section 408. 23.0917 (3) (a) of the statutes is amended to read:

AB926,78,6 23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 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 for state forests, and for 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).

AB926, s. 409 Section 409. 23.0917 (3) (c) 1. of the statutes is amended to read:

AB926,78,11 23.0917 (3) (c) 1. Acquisition of land that preserves or enhances the state's water resources, including land in and for the Lower Wisconsin State Riverway; land abutting wild rivers designated under s. 30.26 23.43, wild lakes and land along the shores of the Great Lakes.

AB926, s. 410 Section 410. 23.0917 (4) (b) 4. of the statutes is amended to read:

AB926,78,13 23.0917 (4) (b) 4. Grants for urban rivers under ss. 23.096 and 30.277 23.0944.

AB926, s. 411 Section 411. 23.0917 (7) (a) of the statutes is amended to read:

AB926,78,20 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), 23.0942 (4), 23.0944, 23.0953, and 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.

AB926, s. 412 Section 412. 23.0917 (7) (e) 1. of the statutes is amended to read:

AB926,79,10 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 23.0944 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).

AB926, s. 413 Section 413. 23.094 (2) (a) of the statutes is amended to read:

AB926,79,15 23.094 (2) (a) The department, in consultation with the department of environmental quality, shall identify as priority streams those streams in this state that are in most need of protection from degradation of water quality caused by agricultural or urban runoff.

AB926, s. 414 Section 414. 23.095 (1m) (title) of the statutes is amended to read:

AB926,79,17 23.095 (1m) (title) Prohibition on department land certain state lands.

AB926, s. 415 Section 415. 23.095 (1m) (a) of the statutes is amended to read:

AB926,79,24 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 of natural resources or that are located on state forest lands that are under the supervision, management, and control of the department of agriculture, trade and consumer protection except as authorized by the that department.

AB926, s. 416 Section 416. 23.096 (2) (a) of the statutes is amended to read:

AB926,80,5 23.096 (2) (a) The department may award grants from the appropriation under s. 20.866 (2) (ta) or (tz) to nonprofit conservation organizations to acquire property for all of the purposes described in ss. 23.09 (2) (d) 1. to 7., 9., 11., 12. and 15., (19), (20) and (20m), 23.092, 23.094, 23.0942, 23.0944, 23.17, 23.175, 23.27, 23.29, and 23.293, 30.24 and 30.277.

AB926, s. 417 Section 417. 23.096 (3) (intro.) of the statutes is amended to read:

AB926,80,9 23.096 (3) (intro.) In Except as provided in sub. (3m), in order to receive a grant under this section, the nonprofit conservation organization shall enter into a contract with the department that contains all of the following provisions:

AB926, s. 418 Section 418. 23.096 (3m) of the statutes is created to read:

AB926,80,14 23.096 (3m) In order to receive a grant under this section for state forests, the nonprofit conservation organization shall enter into a contract with the department of agriculture, trade and consumer protection that contains all of the provisions under sub. (3).

AB926, s. 419 Section 419. 23.096 (4) (a) 1. of the statutes is amended to read:

AB926,80,17 23.096 (4) (a) 1. The department that entered into the contract under sub. (3) or (3m) approves the subsequent sale or transfer.

AB926, s. 420 Section 420. 23.096 (4) (a) 2. of the statutes is amended to read:

AB926,80,21 23.096 (4) (a) 2. The party to whom the property is sold or transferred enters into a new contract with the department specified in subd. 1. that contains the provisions under sub. (3).

AB926, s. 421 Section 421. 23.096 (4) (b) of the statutes is amended to read:

AB926,81,2 23.096 (4) (b) The nonprofit conservation organization may subsequently sell or transfer the acquired property to satisfy a debt or other obligation if the department that enters into the contract under sub. (3) or (3m) approves the sale or transfer.

AB926, s. 422 Section 422. 23.097 (1) of the statutes is renumbered 23.097 (1e).

AB926, s. 423 Section 423. 23.097 (1b) of the statutes is created to read:

AB926,81,6 23.097 (1b) In this section, "department" means the department of agriculture, trade and consumer protection.

AB926, s. 424 Section 424. 23.098 (1) (ag) of the statutes is amended to read:

AB926,81,12 23.098 (1) (ag) "Department property" means an area of real property that is owned by the state, that is under the jurisdiction of the department of natural resources and that is used for one of the purposes specified in s. 23.09 (2) (d) or an area of real property that is under the jurisdiction of the department of agriculture, trade and consumer protection and that is in a state forest.

AB926, s. 425 Section 425. 23.098 (2) of the statutes is amended to read:

AB926,81,20 23.098 (2) The department of natural resources and the department of agriculture, trade and consumer protection shall establish jointly administer 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 Not more than $250,000 may be encumbered in each fiscal year for these grants under this section.

AB926, s. 426 Section 426. 23.098 (2m) of the statutes is created to read:

AB926,82,2 23.098 (2m) In determining which grants will be awarded under this section, the department of natural resources and the department of agriculture, trade and consumer protection shall both approve each grant. Any dispute regarding which friends groups and nonprofit conservation organizations will receive a grant under this section shall be resolved by the secretary of administration.

AB926, s. 427 Section 427. 23.098 (3) of the statutes is amended to read:

AB926,82,10 23.098 (3) The department of natural resources and the department of agriculture, trade and consumer protection shall jointly promulgate rules to establish criteria to be used in determining which property development activities are eligible for these grants under this section. The rules promulgated by the department of natural resources under this subsection that are in effect on the effective date of this subsection .... [LRB inserts date], shall remain in effect until rules are jointly promulgated by the 2 departments.

AB926, s. 428 Section 428. 23.098 (4) (a) of the statutes is amended to read:

AB926,82,15 23.098 (4) (a) The department of natural resources and the department of agriculture, trade and consumer protection shall periodically prepare a list of projects on department properties that are eligible for grants under this section and shall include in the list the estimated cost of each project.