23.09165(5)(b)
(b) Easements for which the primary purpose of the easement is not public access.
23.09165 History
History: 2007 a. 20.
23.0917
23.0917
Warren Knowles-Gaylord Nelson stewardship 2000 program. 23.0917(1)(a)
(a) "Annual bonding authority" means the amount that may be obligated under a subprogram for a fiscal year.
23.0917(1)(b)
(b) "Baraboo Hills" means the area that is within the boundaries of the Baraboo Range National Natural Landmark.
23.0917(1)(c)
(c) "Department land" means an area of land 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).
23.0917(1)(d)
(d) "Land" means land in fee simple, conservation easements, other easements in land and development rights in land.
23.0917(1)(e)
(e) "Obligate" means to encumber or otherwise commit or to expend without having previously encumbered or otherwise committed.
23.0917(1)(f)
(f) "Owner's acquisition price" means the amount equal to the price the owner paid for the land or if the owner acquired the land as a gift or devise, the amount equal to the appraised value of the land at the time it was transferred to the owner.
23.0917(1)(g)
(g) "Remaining bonding authority" means the amount of moneys that has not been obligated.
23.0917(1)(i)
(i) "Total bonding authority" means the total amount that may be obligated under a subprogram under the Warren Knowles-Gaylord Nelson stewardship 2000 program over the entire duration of the program.
23.0917(2)(a)(a) The department shall establish the following subprograms under the Warren Knowles-Gaylord Nelson stewardship 2000 program:
23.0917(2)(a)1.
1. A subprogram for land acquisition for conservation and recreational purposes.
23.0917(2)(a)2.
2. A subprogram for property development and local assistance.
23.0917(2)(a)4.
4. A subprogram for land acquisition in the Baraboo Hills for conservation purposes.
23.0917(3)(a)(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 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).
23.0917(3)(b)
(b) In obligating moneys under the subprogram for land acquisition, the department shall set aside in each fiscal year $3,000,000 that may be obligated only for state trails and the ice age trail and for grants for the state trails and the ice age trails under
s. 23.096. The period of time during which the moneys shall be set aside in each fiscal year shall begin on the July 1 of the fiscal year and end on the June 30 of the same fiscal year.
23.0917(3)(bm)
(bm) During the period beginning with fiscal year 2001-02 and ending with fiscal year 2019-20, in obligating money under the subprogram for land acquisition, the department shall set aside not less than a total of $ 2,000,000 that may be obligated only to provide matching funds for grants awarded to the department for the purchase of land or easements under
16 USC 2103c.
23.0917(3)(br)
(br) Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, in obligating moneys under the subprogram for land acquisition, the department shall set aside in each fiscal year not less than $12,000,000 that may be obligated only to provide for grants awarded to nonprofit conservation organizations under
s. 23.096.
23.0917(3)(c)
(c) In obligating moneys under the subprogram for land acquisition, the department shall give priority to all of the following purposes and to awarding grants under
s. 23.096 for all the following purposes:
23.0917(3)(c)1.
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, wild lakes and land along the shores of the Great Lakes.
23.0917(3)(dm)
(dm) Except as provided in
subs. (4g) (b),
(4m) (k),
(5) and
(5m), the department may not obligate under the subprogram for land acquisition more than the following amounts:
23.0917(3)(dm)2.
2. For each fiscal year beginning with fiscal year 2002-03 and ending with fiscal year 2006-07, $45,000,000.
23.0917(3)(dm)4.
4. For each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, $62,000,000.
23.0917(3)(e)
(e) For purposes of this subsection, the department by rule shall define "wild lake".
23.0917(4)
(4) Property development and local assistance subprogram. 23.0917(4)(a)(a) Beginning with fiscal year 2000-01 and ending with fiscal year 2019-20, the department may obligate moneys under the subprogram for property development and local assistance. Moneys obligated under this subprogram may be only used for nature-based outdoor recreation, except as provided under
par. (cm).
23.0917(4)(b)
(b) The purposes for which moneys may be obligated for local assistance under the subprogram for property development and local assistance are the following:
23.0917(4)(c)
(c) The purposes for which moneys may be obligated for property development under the subprogram for property development and local assistance are the following:
23.0917(4)(c)2.
2. Property development on conservation easements adjacent to department lands.
23.0917(4)(cm)
(cm) Notwithstanding the purposes for which the department is authorized to obligate moneys under
pars. (a),
(b), and
(c), the department may obligate moneys under the subprogram for property development and local assistance for any of the following purposes:
23.0917(4)(cm)6.
6. Restoration of an area on the exposed bed of the former flowage on the Prairie River.
23.0917(4)(d)
(d) In obligating moneys under the subprogram for property development and local assistance, all of the following shall apply:
23.0917(4)(d)1.
1. The department may obligate not more than $11,500,000 in fiscal year 2000-01 and not more than $11,500,000 in fiscal year 2001-02 under the subprogram except as provided in
sub. (5). For each fiscal year beginning with 2002-03 and ending with fiscal year 2009-10, the department may obligate not more than $15,000,000 under the subprogram except as provided in
sub. (5). For each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department may obligate not more than $21,500,000 under the subprogram except as provided in
sub. (5).
23.0917(4)(d)2.
2. Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the department may obligate not more than $8,000,000 in each fiscal year for local assistance.
23.0917(4)(d)2n.
2n. Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department may obligate not more than $11,500,000 in each fiscal year for local assistance.
23.0917(4)(d)3.
3. The department shall obligate at least $3,500,000 in each fiscal year for property development.
23.0917(4)(f)
(f) For purposes of this subsection, the department by rule shall define "nature-based outdoor recreation".
23.0917(4g)(a)(a) The department may not obligate more than $1,000,000 under the subprogram for bluff protection.
23.0917(4g)(b)
(b) If the total amount obligated for the subprogram for bluff protection on June 30, 2004, is less than $1,000,000, the department shall calculate the unobligated amount by subtracting the total obligated amount from $1,000,000. The department shall then adjust the available bonding authority for the subprogram for land acquisition by increasing the available bonding authority in an amount equal to the unobligated amount.
23.0917(4g)(c)
(c) The department may not obligate moneys for the subprogram for bluff protection after June 30, 2004.
23.0917(4j)(a)(a) In this subsection "local governmental unit" means a city, village, town, or county, a lake sanitary district, as defined in
s. 30.50 (4q), a public inland lake protection and rehabilitation district organized under
ch. 33, or any other local governmental unit, as defined in
s. 66.0131 (1) (a), that is established for the purpose of lake management.
23.0917(4j)(b)
(b) For fiscal year 2007-08, the department may not obligate more than $1,500,000 for cost-sharing with local governmental units for recreational boating projects under
s. 30.92. For each fiscal year beginning with fiscal year 2008-09 and ending with fiscal year 2019-20, the department may not obligate more than $2,500,000 for cost-sharing with local governmental units for recreational boating projects under
s. 30.92.
23.0917(4m)(a)1.
1. "Assigned amount" means the sum of the amounts made available for expenditure under
par. (g) and the amounts set aside by the department under
par. (h) 1.
23.0917(4m)(a)2.
2. "Federal nontransportation moneys" means moneys received from the federal government that are not deposited in the transportation fund and that are not credited to the appropriation under
s. 20.115 (2) (m).
23.0917(4m)(a)3.
3. "Local governmental unit" means a city, village, town, county, lake sanitary district, as defined in
s. 30.50 (4q), or a public inland lake protection and rehabilitation district.
23.0917(4m)(b)
(b)
Matching funding. The department shall provide funding under the subprogram for the Baraboo Hills to match the value of land acquisitions that are certified as qualifying matching land acquisitions under
par. (e).
23.0917(4m)(c)1.1. The department may obligate not more than $5,000,000 under the subprogram for the Baraboo Hills.
23.0917(4m)(c)2.
2. The amount of moneys, other than federal moneys, that may be used by local governmental units or nonprofit conservation organizations to make land acquisitions that are certified as qualifying matching land acquisitions under
par. (e) may not exceed $2,500,000.
23.0917(4m)(c)3.
3. Land that is either certified as a qualifying matching land acquisition under
par. (e) or
(h) 2. or acquired with moneys made available for expenditure under
par. (g) or
(h) 2. may not be department land or land that is otherwise owned or under the jurisdiction of the state on October 29, 1999.
23.0917(4m)(d)
(d)
Matching land acquisitions; requirements. The department may only certify as a qualifying matching land acquisition in the Baraboo Hills an acquisition to which all of the following apply:
23.0917(4m)(d)2.
2. The land is being acquired by the federal government, by a local governmental unit or by a nonprofit conservation organization.
23.0917(4m)(d)3.
3. Any federal moneys being used for the acquisition are federal nontransportation moneys.
23.0917(4m)(e)
(e)
Matching land acquisitions; certification. The department shall certify which land acquisitions qualify as matching land acquisitions for the subprogram for the Baraboo Hills and shall determine the values of these matching land acquisitions as provided in
par. (f).
23.0917(4m)(f)
(f)
Matching land acquisitions; valuation. The value of a land acquisition that is certified as a qualifying matching land acquisition under
par. (e), shall be calculated as follows:
