AB402: Bill Text

AB402, s. 24 Section 24. 77.86 (5) (a) of the statutes is amended to read:

AB402,14,18 77.86 (5) (a) Any person who fails to file the notice required under sub. (1) (1m) (b), who fails to file a report as required under sub. (4), or who files a false report under sub. (4) shall forfeit not more than $1,000.

AB402, s. 25 Section 25 . 77.865 of the statutes is created to read:

AB402,14,20 77.865 Review. (1) In this section:

AB402,14,21 (a) "Board" means the managed forest land review board.

AB402,14,22 (b) "Sound forestry practices" has the meaning given in s. 77.86 (1g) (b).

AB402,15,2 (2) If the department decides that an owner of managed forest land is managing the land in a manner that the department determines is inconsistent with sound forestry practices, the owner may challenge that decision by requesting that the board review the decision.

AB402,15,5 (3) An owner who requests review of a department decision under sub. (2) shall submit a written request to the board within 30 days after the date on which the owner receives notice of the department's decision.

AB402,15,12 (4) Upon receiving a request from an owner under sub. (3), the board shall, within a reasonable time, review the department's decision, render an opinion on whether or not the owner's management of the managed forest land is consistent with sound forestry practices, and forward its opinion to the chief state forester. The chief state forester shall review the board's opinion and issue a decision, in writing, that states whether or not he or she concurs with the board's opinion. The chief state forester shall include in his or her decision sufficient facts to support the decision.

AB402,15,16 (5) If the chief state forester decides, after considering the board's opinion under sub. (4), that the owner's management of the managed forest land is consistent with sound forestry practices, the department shall adopt the decision of the chief state forester as the department's decision on the issue.

AB402,15,19 (6) An owner adversely affected by the decision of the chief state forester under sub. (5) shall have the right to a contested case hearing under s. 227.42 on the issues decided by the chief state forester.

AB402,15,22 (7) The department shall promulgate rules that establish additional procedures, including filing, review, and decision deadlines, with regard to an owner's challenge of a department decision under this section.

Note: Section 1 creates the managed forest land review board in DNR and specifies the membership of the board. Section 25 creates an optional procedure for MFL owners who are dissatisfied with a DNR decision regarding the practice of sound forestry to request review of the decision by the board. The board must review and decide upon the issues in the request and issue an opinion for review by the chief state forester. The chief state forester then determines whether to accept the board's recommendation and must issue a decision in writing. DNR is required to promulgate rules regarding the procedures for the board's review. An MFL owner retains the right to a contested case hearing on the issues decided under this procedure by the chief state forester.

AB402, s. 26 Section 26. 77.88 (5) (a) 1. and 2. and (b) 1. and 2. of the statutes are amended to read:

AB402,16,5 77.88 (5) (a) 1. An amount equal to the past tax liability multiplied by the number of years the land was designated as managed forest land, less any amounts paid by the owner under ss. 77.84 (2) (a) and, (am), (d), and (e) 1. or 2., and 77.87.

AB402,16,8 2. Five percent of the stumpage value of the merchantable timber on the land, less any amounts paid by the owner under ss. 77.84 (2) (a) and, (am), (d), and (e) 1. or 2., and 77.87.

AB402,16,11 (b) 1. An amount equal to the past tax liability multiplied by the number of years since the renewal, less any amounts paid by the owner under ss. 77.84 (2) (a) and, (am), (d), and (e) 1. or 2., and 77.87.

AB402,16,14 2. Five percent of the stumpage value of the merchantable timber on the land, less any amounts paid by the owner under ss. 77.84 (2) (a) and, (am), (d), and (e) 1. or 2., and 77.87.

Note: This Section updates cross-references used in the calculation of withdrawal taxes.

AB402, s. 27 Section 27. 77.89 (2) (b) of the statutes is amended to read:

AB402,17,2 77.89 (2) (b) The municipal treasurer shall pay all 48 percent of the amounts received under s. 77.84 (2) (b) and, (bm), and (e) 1. and 2. to the county treasurer, as provided under ss. 74.25 and 74.30. The county treasurer shall, by June 30 of each year, pay all 20 percent of the amounts received under this paragraph to the department. All amounts received by the department shall be credited to the conservation fund and shall be reserved for land acquisition, resource management activities, and grants under s. 77.895 The municipal treasurer shall deposit the remainder in the municipal treasury.

Note: The percentages specified in this paragraph have the effect of sending 20% of the total amounts received under s. 77.89 (2) (b), stats. (generally, closed acreage shares for managed forest land), to the department and sending 60% of the amount remaining to the counties. Directives on the use of the funds by the county are described below in par. (c).

AB402, s. 28 Section 28. 77.89 (2) (c) of the statutes is created to read:

AB402,17,8 77.89 (2) (c) 1. Except as provided in subd. 2., from the amounts received by a county under par. (b), at least five-sixths of the amounts shall be expended by the county to acquire by purchase, lease, easement, or other agreement land that will be open to the public for hunting, fishing, hiking, sight-seeing, and cross-country skiing.

AB402,17,14 2. A county with at least 40 percent of its total area consisting of public access lands shall spend at least five-sixth of the amounts received under par. (b) for acquisitions as described in subd. 1. or for activities to improve resource management, or any combination thereof. Resource management activities may include forest growth, forest health, fish habitat, wildlife habitat, or watershed protection.

Note: This paragraph specifies that at least five-sixths of the amount a county receives under s. 77.89 (2) (b), stats. (generally, the county portion of the closed acreage shares), shall be expended to acquire by purchase, lease, easement, or other agreement land that will be open to the public for hunting and certain other recreational activities, unless the county meets a 40% threshold for ownership of public access lands, as defined above. If the county meets the 40% public access threshold, the county shall spend this "closed acreage share" amount for these types of acquisitions or for activities to improve resource management. These activities include forest growth, forest health, fish habitat, wildlife habitat, and watershed protection.

AB402, s. 29 Section 29. 77.896 of the statutes is created to read:

AB402,18,3 77.896 (1) Designation. (a) 1. The department shall promulgate rules under which the department may designate forest enterprise areas targeted for sustainable forestry and forest-based economic development. The department shall promulgate rules to establish criteria for determining eligibility and approval of a proposed forest enterprise area and the modification or termination of the designation of a forest enterprise area.

AB402,18,10 2. A town or county that proposes to create a forest enterprise area shall apply to the department. If a town submits an application to the department, the proposed forest enterprise area shall be consistent with the town plan for forest preservation and development if the town has a plan for forest preservation and development. If a county submits an application to the department, the proposed forest enterprise area shall be consistent with the county plan for forest preservation and development if the county has a plan for forest preservation and development.

AB402,18,12 3. The department shall promulgate rules that set forth the information that is required to be included in an application submitted under subd. 2.

AB402,18,15 (b) The department may not designate an area as a forest enterprise area unless the department receives an application requesting the designation and the application complies with par. (a).

AB402,18,17 (c) Subject to par. (d), the department may designate forest enterprise areas with a combined area of not more than 200,000 acres of land.

AB402,18,19 (d) Before January 1, 2013, the department may designate not more than 10 forest enterprise areas with a combined area of not more than 75,000 acres of land.

AB402,18,21 (e) The minimum size of a forest enterprise area designated under this subsection shall be 5,000 acres of land.

AB402,18,24 (f) In designating forest enterprise areas under this subsection, the department shall give preference to areas that include at least 1,000 acres of land designated as managed forest land under s. 77.82.

AB402,19,2 (g) In designating forest enterprise areas under this subsection, the department may not include an acre of land in more than one enterprise area.

AB402,19,7 (2) Effect of designation. (a) A town, for which a forest enterprise area has been designated under sub. (1), shall receive, from the appropriation account under s. 20.370 (1) (ow), an annual payment of $1 for each acre in the town that is designated as managed forest land under s. 77.82 and that is included in a forest enterprise area.

AB402,19,11 (b) A county, for which a forest enterprise area has been designated under sub. (1), shall receive, from the appropriation account under s. 20.370 (1) (cw), an annual payment of 50 cents for each acre in the county that is designated as managed forest land under s. 77.82 and that is included in a forest enterprise area.

AB402,19,18 (c) A town or county that receives a payment under par. (a) or (b) shall use the funds for sustainable forestry and forest-based economic development within the town or county, including educating landowners about the benefits of participating in a forest enterprise area, and contracting with a forester who engages in the practice of providing consultation services on forestry issues to assist landowners in preparing applications under s. 77.82 (2) or owners of managed forest land in preparing management plans under s. 77.82 (3).

Note: This Section requires the DNR to designate forest enterprise areas in administrative rule. The DNR may designate forest enterprise areas with a combined area of up to 200,000 acres. However, before 2013, DNR may only designate up to 10 forest enterprise areas with a combined area of up to 75,000 acres. When designating forest enterprise areas, the DNR must give preference to areas that include at least 1,000 acres of MFL land. A town within a forest enterprise area is eligible to receive an annual payment of $1 for each acre of MFL land in the forest enterprise area. A county within a forest enterprise area is eligible to receive an annual payment of 50 cents for each acre of MFL land in the forest enterprise area. These payments for towns and counties come from the forestry mill tax revenues. The payments must be used for sustainable forestry and forest-based economic development within the town or county.

AB402, s. 30 Section 30. Nonstatutory provisions.

AB402,20,5 (1) Rules. The department of natural resources shall submit in proposed form the rules required under section 77.82 (3e) (b) 2. and (3m) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 12th month beginning after the effective date of this subsection.

Note: This Section requires DNR to submit proposed rules regarding the modification of management plans for group enrollments and for annual allowable timber harvests no later than the first day of the 12th month beginning after the effective date of the bill.

AB402, s. 31 Section 31. Nonstatutory provisions.

AB402,20,9 (1) The initial members of the managed forest land review board under section 15.345 (7) (a) to (g) of the statutes, as created by this act, shall be appointed for the following terms:

AB402,20,10 (a) Three members for a term that expires on July 1, 2014.

AB402,20,11 (b) Two members for a term that expires on July 1, 2015.

AB402,20,12 (c) Two members for a term that expires on July 1, 2016.

AB402,20,16 (2) The department of natural resources shall submit in proposed form the rules required under section 77.865 (7) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.

AB402, s. 32 Section 32. Initial applicability.

AB402,21,2 (1) The treatment of section 77.82 (4g) (title), (a), and (b) and (8) of the statutes, the renumbering and amendment of section 77.82 (4) of the statutes, the amendment of section 77.82 (4) (title) of the statutes, and the creation of section 77.82 (4) (b) of the statutes first apply to applications to designate additional land as managed forest land that are filed with the department of natural resources on the effective date of this subsection.

AB402,21,3 (End)