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12Section
3. 23.0917 (4) (c) 3. of the statutes is amended to read:
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23.0917
(4) (c) 3. Grants under
s.
ss. 23.098
and 23.099.
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14Section
4. 23.099 of the statutes is created to read:
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1523.099 Grants for property development relating to wetland
16mitigation. (1) In this section:
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(a)
“Department stewardship land” has the meaning given under s. 281.37 (1)
18(a).
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(b) “Nonprofit organization" means an organization that is described in section
20501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax
21under section
501 (a) of the Internal Revenue Code.
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22(2) The department shall establish a program to make grants from the
23appropriation under s. 20.866 (2) (ta) to nonprofit organizations for property
24development activities relating to wetlands created, restored, or enhanced under a
25wetland mitigation grant under s. 281.37 on department stewardship land. Property
1development activities for which a grant under this section may be awarded include
2those that increase public access to, awareness about, or recreational use of the new,
3restored, or enhanced wetland, or that improve habitat in, on, or near, the new,
4restored, or enhanced wetland.
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5(3) A nonprofit organization that applies for a grant under this section shall
6submit the application at the same time that it submits an application for a grant
7under s. 281.37. The department shall make its determination with respect to both
8grants at the same time, and may only award a grant under this section if it also
9awards a grant under s. 281.37.
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10(4) A grant awarded under this section may not exceed 10 percent of the
11amount of the related grant awarded under s. 281.37. The department may not issue
12the grant funding under this section to the grantee until the grantee has certified
13that the project funded by the grant under s. 281.37 is complete.
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14Section
5. 281.36 (13m) of the statutes is amended to read:
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281.36
(13m) Report to legislature. No later than January 31, 2003, and no
16later than January 31 of each subsequent odd-numbered year, the department shall
17submit to the legislature under s. 13.172 (2) a report that provides an analysis of the
18impact of the implementation of mitigation on wetland resources and on the issuance
19of permits or other approvals under ss. 59.692, 61.351, 61.353, 62.231, 62.233, 87.30,
20281.11 to 281.47 or 281.49 to 281.85 or ch. 30, 31, 283, 289, 291, 292, 293, 295, or 299.
21The department shall include in its report a discussion of proposals and projects
22under the wetland mitigation grant program under s. 281.37 and the property
23development grant program under s. 23.099.
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24Section
6. 281.37 of the statutes is created to read:
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25281.37 Wetland mitigation grant program. (1) In this subsection:
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1(a) “Department stewardship land” means an area of land that is acquired by
2the state in whole or in part with funding from the stewardship program and that
3is under the jurisdiction of the department and used for one of the purposes specified
4in s. 23.09 (2) (d).
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(b) “Mitigation program” means the wetland mitigation grant program
6established under sub. (2).
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(c) “Nonprofit organization" means an organization that is described in section
8501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax
9under section
501 (a) of the Internal Revenue Code.
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(d) “Stewardship program" means the stewardship program under s. 23.0915
11or 23.0917.
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12(2) The department shall establish a wetland mitigation grant program under
13which it awards grants to nonprofit organizations to conduct projects to create,
14restore, or enhance wetlands under the in lieu fee subprogram in s. 281.36 (3r) (e)
15on department stewardship land as provided in this subsection.
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16(3) No later than 6 months after the effective date of this subsection .... [LRB
17inserts date], the department shall identify department stewardship land that is
18appropriate to include in the mitigation program. The department shall identify no
19less than 25 percent of department stewardship land for this purpose. The land
20identified shall include land in every watershed located on department stewardship
21land, except that if land in one watershed is not appropriate to include in the
22program, it is sufficient to include land in an adjacent watershed.
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23(4) (a) No later than 3 months after completion of the land identification stage
24under sub. (3) or at the beginning of the following fiscal year, whichever is earlier,
25and no later than July 1 of each subsequent year, the department shall issue a
1request for proposals from nonprofit organizations for grants to conduct wetland
2mitigation projects on department stewardship land identified under sub. (3). The
3issuance of each new request for proposal begins a new grant cycle.
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(b) The department shall require applications for grants under this section to
5include all of the following:
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1. The scope of the proposed project.
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2. A project timeline.
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3. If possible, a specification of the functional values or uses listed in s. NR
9103.03 (1), Wis. Adm. Code, that the project area does not provide or only sparsely
10provides.
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4. A specification of the functional values or uses listed in s. NR 103.03 (1), Wis.
12Adm. Code, that the proposed project would create, restore, or enhance.
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(c) The department shall accept grant applications on a rolling basis over the
14course of a fiscal year. The department shall select and announce grant recipients
15at the end of each quarter as funds are available.
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16(5) (a) If an application under sub. (4) is approved, the grantee and the
17department, in consultation, shall identify all department permits required for the
18grantee to conduct the project. The department shall waive all permit fees for the
19grantee in relation to department permits required to conduct the project.
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(b) Notwithstanding timelines and procedures otherwise established for
21general permits, within 30 days of receiving the grantee's notice of intent to proceed
22under a general permit that is required to conduct the project, if the department does
23not require any additional information about the activity that is subject to the
24notification, the department shall inform the applicant either that an individual
25permit will be required or that the activity is authorized by the general permit. If
1authorized, the applicant may proceed without further notice, hearing, permit, or
2approval if the activity is carried out in compliance with all of the conditions of the
3general permit.
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(c) Notwithstanding timelines otherwise established for individual permits,
5within 60 days of receiving the grantee's application for an individual permit that is
6required to conduct the project, department shall render a decision issuing, denying,
7or modifying the permit, and the department shall adjust all other deadlines relating
8to the review of the application accordingly.
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9(7) (a) The department shall pay out a grant under the mitigation program in
103 phases, withholding the final payment until the grantee certifies that the project
11is complete.
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(b) If the grantee fails to certify that the project is complete by the date
13indicated for completion in its application, the department shall use the remaining
14unpaid grant amount to either complete the project or contract with or issue a grant
15to another nonprofit organization to complete the project. An organization that fails
16to certify completion of a project by the date indicated in its application for
17completion is not eligible for a new grant under the mitigation program for 2 grant
18cycles.
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(c) The department may agree to a modified deadline for the project if unusual
20or unforeseen circumstances cause a delay. If the department agrees to a modified
21deadline, the consequences under par. (b) apply only if the grantee fails to certify that
22a project is complete by the date indicated in that agreement.
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23(8) Before 6 months have elapsed after the 5th anniversary of the department's
24first issuance of a request for proposals under sub. (4), the department shall submit
25to the legislature under s. 13.172 (2) a report analyzing the effectiveness of the first
15 years of the mitigation program and making recommendations for changes to the
2program.
SB702,7
3Section
7.
Nonstatutory provisions.
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(1) The department of natural resources may submit a request to the U.S. army
5corps of engineers that the U.S. army corps of engineers move up all deadlines
6relating to its review and approval of wetland mitigation project proposals under the
7in lieu fee subprogram under section 281.36 (3r) of the statutes so that the time it
8takes for the U.S. army corps of engineers to approve such a proposal is shortened.