AB926: Bill Text

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.

AB926, s. 429 Section 429. 23.098 (4) (am) of the statutes is amended to read:

AB926,82,21 23.098 (4) (am) In awarding grants under this section for eligible projects, the department of natural resources and the department of agriculture, trade and consumer protection shall jointly establish a system under which the grants are offered to eligible friends groups before being offered to eligible nonprofit conservation organizations.

AB926, s. 430 Section 430. 23.098 (4) (b) of the statutes is amended to read:

AB926,82,25 23.098 (4) (b) The department may not encumber Not more than $20,000 may be encumbered for grants under this section for a department property in each fiscal year.

AB926, s. 431 Section 431. 23.11 (1) of the statutes is amended to read:

AB926,83,11 23.11 (1) In addition to the powers and duties heretofore conferred and imposed upon said the department by this chapter it shall have and take the general care, protection and supervision of all state parks, of all state fish hatcheries and lands used therewith, of all state forests, and of all lands owned by the state or in which it has any interests, except lands the care and supervision of which are vested in some other officer, body or board; and said the department is granted such further powers as may be necessary or convenient to enable it to exercise the functions and perform the duties required of it by this chapter and by other provisions of law. But it may not perform any act upon state lands held for sale that will diminish their salable value.

AB926, s. 432 Section 432. 23.11 (5) of the statutes is amended to read:

AB926,83,17 23.11 (5) The department may require an applicant for a permit or statutory approval which the department, by order, may grant, to submit an environmental impact report if the area affected exceeds 40 acres, or the estimated cost of the project exceeds $25,000, or the applicant is requesting approval for a high capacity well described in s. 281.34 (4) (a) 1. to 3.

AB926, s. 433 Section 433. 23.113 of the statutes is renumbered 28.037.

AB926, s. 434 Section 434. 23.114 of the statutes, as affected by 2009 Wisconsin Act 42, is renumbered 28.039.

AB926, s. 435 Section 435. 23.125 of the statutes is repealed.

AB926, s. 436 Section 436. 23.13 of the statutes is amended to read:

AB926,84,2 23.13 Governor to be informed. The board of commissioners of public lands and, the department of natural resources , and the department of agriculture, trade and consumer protection shall furnish to the governor upon the governor's request a copy of any paper, document or record in their respective offices and give the governor orally such information as the governor may call for.

AB926, s. 437 Section 437. 23.135 of the statutes is renumbered 26.025.

AB926, s. 438 Section 438. 23.14 of the statutes is amended to read:

AB926,84,16 23.14 Approval required before new lands acquired. Prior to the initial acquisition of any lands by the department of natural resources after July 1, 1977, for any new facility or project, and prior to the initial acquisition of any lands by the department of agriculture, trade and consumer protection for any new facility or project relating to forestry, the proposed initial acquisition shall be submitted to the governor for his or her approval. New facilities or projects include, without limitation because of enumeration, state parks, state forests, recreation areas, public shooting, trapping or fishing grounds or waters, fish hatcheries, game farms, forest nurseries, experimental stations, endangered species preservation areas, picnic and camping grounds, hiking trails, cross-country ski trails, bridle trails, nature trails, bicycle trails, snowmobile trails, youth camps, land in the lower Wisconsin state riverway as defined in s. 30.40 (15), natural areas and wild rivers.

AB926, s. 439 Section 439. 23.15 (title) of the statutes is amended to read:

AB926,84,19 23.15 (title) Sale of certain state-owned lands under the jurisdiction of the department of natural resources.

AB926, s. 440 Section 440. 23.15 (1) of the statutes is amended to read:

AB926,85,2 23.15 (1) The natural resources board may sell, at public or private sale, lands real property and structures owned by the state that are under the jurisdiction of the department of natural resources, except central or district office facilities, when if the natural resources board determines that said lands the real property and structures are no longer necessary for the state's use for conservation purposes and, if real property, the real property is not the subject of a petition under s. 560.9810 (2).

AB926, s. 441 Section 441. 23.15 (1m) of the statutes is created to read:

AB926,85,10 23.15 (1m) The secretary of agriculture, trade and consumer protection may sell, at public or private sale, state forest land and structures on that land owned by the state that are under the jurisdiction of the department of agriculture, trade and consumer protection if the department of agriculture, trade and consumer protection determines that the real property and structures are no longer necessary for the state's use for conservation purposes and, if real property, the real property is not the subject of a petition under s. 560.9810 (2).

AB926, s. 442 Section 442. 23.15 (2) of the statutes is amended to read:

AB926,85,20 23.15 (2) Said The natural resources board and the secretary of agriculture, trade and consumer protection shall present to the governor a full and complete report of the lands to be sold, the reason for the sale, the price for which said the lands should be sold together with, and an application for the their sale of the same. The governor shall thereupon make such investigation as the governor deems necessary respecting said lands to be sold may investigate and approve or disapprove such the application. If the governor shall approve the same, approves the application for the sale, the governor shall issue a permit shall be issued by the governor for such the sale on the terms set forth in the application.

AB926, s. 443 Section 443. 23.15 (3) of the statutes is amended to read:

AB926,86,7 23.15 (3) Upon completion of such a sale of land under the jurisdiction of the department of natural resources, the chairperson and secretary of the natural resources board, or and the secretary of natural resources, if the secretary is duly authorized by the natural resources board, shall execute such the necessary instruments as are necessary to transfer title and the natural resources board or its duly authorized agents shall deliver the same instruments to the purchaser upon payment of the amount set forth in the application. Upon completion of a sale of land under the jurisdiction of the department of agriculture, trade and consumer protection, the secretary of agriculture, trade and consumer protection shall execute the necessary instruments to transfer title and shall deliver the instruments to the purchaser upon payment of the amount set forth in the application.

AB926, s. 444 Section 444. 23.15 (4) of the statutes is amended to read:

AB926,86,15 23.15 (4) Said The natural resources board effecting the sale of any such lands and structures shall, upon receiving payment therefor, under sub. (3), shall deposit the funds moneys received in the conservation fund to be used exclusively for the purpose of purchasing other areas of land for the creating creation and establishing establishment of public hunting and fishing grounds, wildlife and fish refuges, and state parks and for land in the lower Wisconsin state riverway as defined in s. 30.40 (15).