23.0955 History
History: 1993 a. 343 ss.
17,
19;
1995 a. 459;
1999 a. 9.
23.0956
23.0956
Assistance for private conservation activities. 23.0956(1)(1) From the appropriation under
s. 20.370 (5) (aw), the department shall provide one grant of $85,000 in each fiscal year, beginning with fiscal year 2000-01, to a nonstock, nonprofit corporation that is described under section
501 (c) (3) or (4) of the Internal Revenue Code and organized in this state if the corporation meets all of the following requirements:
23.0956(1)(a)
(a) The corporation is exempt from taxation under section
501 (a) of the Internal Revenue Code.
23.0956(1)(b)
(b) The corporation was created to accept and to utilize private contributions made to protect and enhance the state's natural resources.
23.0956(2)
(2) A corporation receiving a grant under
sub. (1) shall use the grant to do all of the following:
23.0956(2)(a)
(a) Encourage private corporations and other private entities to undertake activities, including the contribution of money, that encourage management and restoration of the state's endangered wild animals, wild plants and natural communities.
23.0956(2)(b)
(b) Encourage private corporations and other private entities to engage in land management practices that protect and preserve natural resources.
23.0956(2)(c)
(c) Provide grants to nonprofit and other groups to encourage education, restoration and management activities to enhance the state's natural resources.
23.0956 History
History: 1999 a. 9.
23.0957
23.0957
Annual grants to a nonstock, nonprofit corporation; urban land conservation. 23.0957(1)(b)
(b) "Interested group" means a community group, nonprofit organization or local governmental unit that is interested in acquiring urban land for urban forestry protection, water resource management, conservation, recreation or other urban open space purposes.
23.0957(2)
(2) The department shall provide one grant of $75,000 in each fiscal year, beginning with fiscal year 1999-2000, to a nonstock, nonprofit corporation that meets all of the following requirements:
23.0957(2)(b)
(b) The corporation is described under section
501 (c) (3) or (4) of the Internal Revenue Code and exempt from taxation under section
501 (a) of the Internal Revenue Code.
23.0957(2)(c)
(c) The corporation has a board of directors or an advisory council or both with members who represent one or more urban or urbanizing areas and who collectively have an interest or expertise in all of the following:
23.0957(2)(d)
(d) The corporation contributes $25,000 in funds annually to be used with the grant under this subsection.
23.0957(3)
(3) A corporation receiving a grant under
sub. (2) may use the grant for urban forest protection, water resource enhancement or other urban open space objectives and shall do all of the following with the grant:
23.0957(3)(a)
(a) Provide to interested groups technical assistance, especially in the areas of urban open space real estate transactions, reclaiming and restoring the natural values of urban parks, urban forests and open space areas, designing and constructing amenities in open space areas, cultivating citizen participation in acquiring, developing and maintaining open space areas and securing public financing for open space areas.
23.0957(3)(c)
(c) Assist community groups, nonprofit organizations and local governmental units in acquiring urban property for open space purposes and in restoring urban property acquired for conservation, recreation and other open space purposes.
23.0957(3)(d)
(d) For each fiscal year, prepare a report detailing the activities for which a grant under
sub. (2) is expended. Copies of the report shall be submitted to the department and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly or the president of the senate.
23.0957(4)
(4) A corporation receiving a grant under
sub. (2) may acquire urban property for conservation, recreation and other open space purposes.
23.0957 History
History: 1999 a. 9.
23.096
23.096
Grants to nonprofit conservation organizations. 23.096(1)(b)
(b) "Property" means land or an interest in land.
23.096(2)(a)(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,
23.17,
23.175,
23.27,
23.29,
23.293,
30.24 and
30.277.
23.096(2)(b)
(b) A grant awarded under this section may not exceed 50% of the acquisition costs of the property.
23.096(3)
(3) 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:
23.096(3)(a)
(a) Standards for the management of the property to be acquired.
23.096(3)(b)
(b) A prohibition against using the property to be acquired as security for any debt unless the department approves the incurring of the debt.
23.096(3)(bn)
(bn) A prohibition against property acquired in fee simple being closed to the public unless the department determines it is necessary to protect wild animals, plants or other natural features.
23.096(3)(c)
(c) A clause that any subsequent sale or transfer of the property to be acquired is subject to
subs. (4) and
(5).
23.096(4)(a)(a) The nonprofit conservation organization may subsequently sell or transfer the acquired property to a 3rd party other than a creditor of the organization if all of the following apply:
23.096(4)(a)1.
1. The department approves the subsequent sale or transfer.
23.096(4)(a)2.
2. The party to whom the property is sold or transferred enters into a new contract with the department that contains the provisions under
sub. (3).
23.096(4)(b)
(b) The nonprofit conservation organization may subsequently sell or transfer the acquired property to satisfy a debt or other obligation if the department approves the sale or transfer.
23.096(5)
(5) If the nonprofit conservation organization violates any essential provision of the contract, title to the acquired property shall vest in the state.
23.096(6)
(6) The instrument conveying the property to the nonprofit conservation organization shall state the interest of the state under
sub. (5). The contract entered into under
sub. (3) and the instrument of conveyance shall be recorded in the office of the register of deeds of each county in which the property is located.
23.0962
23.0962
Grant to a nonprofit conservation organization for Black Point Estate. 23.0962(1)
(1) If the department of administration acquires as a gift the property, known as Black Point Estate, that is located on Lake Geneva in the county of Walworth, town of Linn, in fractional Sec. 8, T. 1 N., R. 17 E., and if the joint committee on finance approves the gift under
s. 20.907 (1), the department of natural resources shall make a grant of $1,800,000, from the appropriation under
s. 20.370 (5) (cq), to a nonprofit conservation organization that meets all of the following requirements:
23.0962(1)(a)
(a) The nonprofit conservation organization is a nonprofit corporation, a charitable trust or other nonprofit association that is described in section
501 (c) (3) of the Internal Revenue Code and is exempt from federal tax under section
501 (a) of the Internal Revenue Code.
23.0962(1)(b)
(b) The nonprofit conservation organization has, as its primary purpose, the preservation of the property known as Black Point Estate.
23.0962(1)(c)
(c) The nonprofit conservation organization has a board of directors that consists of representatives of the state, of the family who donated Black Point Estate to the state, of local units of government that have an interest in Black Point Estate and of civic organizations that have an interest in Black Point Estate.
23.0962(1)(d)
(d) The nonprofit conservation organization acquires a conservation easement in the property, the terms of which are subject to approval of the department of natural resources, to be held by the organization for the purpose of preserving Black Point Estate.
23.0962(1)(e)
(e) The nonprofit conservation organization makes a commitment, with guarantees determined to be adequate by the department of natural resources, to use the grant under this section and any additional funds donated to the organization to fund an endowment for the operation and maintenance of Black Point Estate.
23.0962(2)
(2) If the nonprofit conservation organization does not use the grant under this section in the manner required under
sub. (1) (e), the nonprofit conservation organization shall reimburse the department in an amount equal to the grant.
23.0962(3)(b)
(b) Notwithstanding
s. 18.04 (1) and
(2), the building commission may authorize public debt to be contracted, and the department may make a grant from the appropriation under
s. 20.370 (5) (cq), for the property known as Black Point Estate only if all of the following apply:
23.0962(3)(b)1.
1. A substantially completed application for any necessary special zoning permission for the property has been submitted before December 1, 1999, to the applicable local governmental unit.
23.0962(3)(b)2.
2. The necessary special zoning permission, based on the application submitted before December 1, 1999, is granted.
23.0962 History
History: 1997 a. 27;
1999 a. 9.
23.0965
23.0965
Payments to Ducks Unlimited, Inc. 23.0965(1)
(1) The department of natural resources shall enter into an agreement with Ducks Unlimited, Inc., to make payments from the appropriation under
s. 20.370 (5) (au) to Ducks Unlimited, Inc., to fund its conservation efforts in the United States, Canada and Mexico.
23.0965(2)
(2) The agreement under
sub. (1) shall require that Ducks Unlimited, Inc., annually submit to the attorney general and the presiding officer of each house of the legislature an audited financial statement of its use of the payments under
sub. (1), prepared in accordance with generally accepted accounting principles.
23.0965(3)
(3) Payments to Ducks Unlimited, Inc., under
sub. (1) shall be discontinued by the department if Ducks Unlimited, Inc., dissolves or is no longer exempt from taxation under section
501 (c) of the Internal Revenue Code.
23.0965 History
History: 1999 a. 92.
23.097
23.097
Urban forestry grants. 23.097(1)
(1) The department shall award grants to cities and villages for up to 50% of the cost of tree management plans, tree inventories, brush residue projects, the development of tree management ordinances, tree disease evaluations, public education concerning trees in urban areas and other tree projects.
23.097(2)
(2) The department shall promulgate rules establishing criteria for awarding grants under this section.
23.097 History
History: 1991 a. 39,
269;
1993 a. 213.
23.098
23.098
Grants for property development on properties owned by the department. 23.098(1)(ag)
(ag) "Department property" means an area of real property that is owned by the state, that is under the jurisdiction of the department and that is used for one of the purposes specified in
s. 23.09 (2) (d).
23.098(1)(b)
(b) "Friends group" means a nonstock, nonprofit corporation described under section
501 (c) (3) or (4) of the Internal Revenue Code and exempt from taxation under section
501 (a) of the Internal Revenue Code that is organized to raise funds for a department property.
23.098(2)
(2) The department shall establish 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 more than $250,000 in each fiscal year for these grants.
23.098(3)
(3) The department shall promulgate rules to establish criteria to be used in determining which property development activities are eligible for these grants.
23.098(4)(a)(a) The department 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.
23.098(4)(am)
(am) In awarding grants under this section for eligible projects, the department shall establish a system under which the grants are offered to eligible friends groups before being offered to eligible nonprofit conservation organizations.
23.098(4)(b)
(b) The department may not encumber more than $20,000 for grants under this section for a department property in each fiscal year.
