23.0955(3)(a)(a) During the period beginning on January 1, 2004, and ending on July 1, 2004, the department shall submit a comprehensive report describing the cost of, and accomplishments achieved by, activities funded with grants under this section, commencing with the grants provided in the 1999-2000 fiscal year. The report shall evaluate all of the following:
23.0955(3)(a)1.
1. How grants under this section have furthered the goal of encouraging private resource conservation.
23.0955(3)(a)2.
2. The extent to which grants under this section complement the resource conservation goals of the department.
23.0955(3)(b)
(b) The report shall contain a recommendation to the legislature on whether the grant program under this section should be continued, eliminated or revised.
23.0955(3)(c)
(c) The report shall be distributed to the speaker of the assembly and the president of the senate under
s. 13.172 (3).
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) Recipient requirements. The department shall provide one grant of $75,000 in each fiscal year, 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 and 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;
2001 a. 16.
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) Except as provided in
sub. (2m), a grant awarded under this section may not exceed 50% of the acquisition costs of the property.
23.096(2m)
(2m) Notwithstanding
sub. (2) (b), in each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department may award grants under this section that equal up to 75 percent of the acquisition costs of the property if the natural resources board determines that all of the following apply:
23.096(2m)(a)
(a) That the property is uniquely valuable in conserving the natural resources of the state.
23.096(2m)(b)
(b) That delaying or deferring the acquisition until 50 percent of the acquisition costs are procured by the nonprofit conservation organization is not reasonably possible.
23.096(2m)(c)
(c) That sufficient bonding authority remains in the amount set aside under
s. 23.0917 (3) (br) for that fiscal year after awarding grants to nonprofit conservation organizations that meet the matching requirement under
sub. (2) (b).
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) In this section, a "nonprofit organization" means an organization that is described in section
501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax under section
501 (a) of the Internal Revenue Code.
23.097(1g)
(1g) The department shall award grants to counties, cities, villages, towns, and nonprofit organizations 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(1r)
(1r) In addition to the grants awarded under
sub. (1g), the department may award grants to counties, cities, village, towns, nonprofit organizations, and federally recognized Indian tribes or bands that apply for the grants for the costs of removing, saving, and replacing trees that have been damaged by catastrophic storm events in urban areas. To be eligible for a grant under this subsection, the damage must have occurred in an area for which the governor has designated a state of emergency due to a catastrophic storm event. The department shall notify each applicant for a grant under this subsection as to whether the application for the grant will be approved or denied within 60 days after the date the application is submitted to the department. A recipient of a grant awarded under this subsection is exempt from having to pay any percentage of the costs in order to receive the grant.
23.097 Cross-reference
Cross-reference: See also s.
NR 47.950, Wis. adm. code.
