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23.0917(5g)(c)2.b. b. The amount necessary for the purpose under sub. (4) (cm) 5. but not more than $12,500,000.
23.0917(5g)(c)2.c. c. Subject to the limitation under s. 31.385 (7), the amount necessary for county dam safety grants under s. 31.385 (7) but not more than the difference between the amounts obligated under subd. 2. a. and b. and the unobligated amount.
23.0917(5g)(d)1.1. In this paragraph, “ unobligated amount" means the amount by which the annual bonding authority for the subprograms under subs. (3), (4), and (4j) in fiscal years 2014-15 and 2015-16 exceeded the amounts that the department obligated from the moneys appropriated under s. 20.866 (2) (ta) for those subprograms for those fiscal years, but not including the amount by which the annual bonding authority for the purpose under sub. (3) (br) in fiscal years 2014-15 and 2015-16 exceeded the amount obligated for that purpose in that fiscal year.
23.0917(5g)(d)2. 2. The department shall obligate the unobligated amount as follows:
23.0917(5g)(d)2.a. a. The amount necessary for a grant to Iron County to rebuild the Saxon Harbor campground and marina but not more than $1,000,000.
23.0917(5g)(d)2.b. b. The amount necessary for the purpose under s. 23.0963 but not more than $1,000,000.
23.0917(5g)(d)2.c. c. The amount necessary for no more than 50 percent of the cost of reconstructing Eagle Tower in Peninsula State Park but not more than $750,000.
23.0917(5g)(d)2.d. d. The amount necessary to enhance a shelter located near the Palmatory scenic overlook on the south side of the Horicon Marsh Wildlife Area but not more than $500,000.
23.0917(5g)(d)2.e. e. The amount necessary for a grant to the cities of Neenah and Menasha for no more than 50 percent of the cost of constructing 2 pedestrian bridges across the Fox River and pedestrian trails to connect the bridges to existing pedestrian trails but not more than $415,300 and subject to the limitation that the total amount obligated under this subd. 2. e. and s. 23.197 (16) may not exceed $2,015,300.
23.0917(5g)(e)1.1. In this paragraph, “ unobligated amount" means the amount by which the annual bonding authority for the subprograms under subs. (3), (4), and (4j) in fiscal years 2014-15, 2015-16, and 2016-17 exceeded the amounts that the department obligated from the moneys appropriated under s. 20.866 (2) (ta) for those subprograms for those fiscal years, but not including the amount by which the annual bonding authority for the purpose under sub. (3) (br) in fiscal years 2014-15, 2015-16, and 2016-17 exceeded the amount obligated for that purpose in that fiscal year.
23.0917(5g)(e)2. 2. Of the unobligated amount, the department shall obligate an amount necessary for the purpose under s. 281.665 (4) (c), but not more than $14,600,000.
23.0917(5g)(f)1.1. In this paragraph, “ unobligated amount" means the amount by which the annual bonding authority for the subprograms under subs. (3), (4), and (4j) in fiscal year 2016-17 exceeded the amounts that the department obligated from the moneys appropriated under s. 20.866 (2) (ta) for those subprograms for that fiscal year, but not including the amount by which the annual bonding authority for the purpose under sub. (3) (br) in fiscal year 2016-17 exceeded the amount obligated for that purpose in that fiscal year.
23.0917(5g)(f)2. 2. Of the unobligated amount, the department shall obligate an amount necessary to fund critical health and safety-related water infrastructure projects in state parks, prioritizing projects in those state parks with the highest demand, but not more than $4,500,000.
23.0917(5g)(g)1.1. In this paragraph, “ unobligated amount" means the amount by which the bonding authority under s. 20.866 (2) (ta) beginning in fiscal year 1999-2000 and ending in fiscal year 2019-20 exceeded the amounts that the department expended, obligated, or otherwise encumbered from the moneys appropriated under s. 20.866 (2) (ta) for those fiscal years, but not including the amount by which the annual bonding authority for the purpose under sub. (3) (br) in fiscal year 2019-20 exceeded the amounts obligated for that purpose in that fiscal year.
23.0917(5g)(g)2. 2. Of the unobligated amount beginning in fiscal year 2020-21, the department may obligate amounts necessary for the purposes of the subprograms under subs. (3), (4), and (4j), but, for each subprogram, not more than the fiscal year 2019-20 obligation limit for that subprogram, and not more than a total of $33,250,000 in each fiscal year.
23.0917(5m) (5m)Adjustments for land acquisitions.
23.0917(5m)(a)(a) Beginning in fiscal year 1999-2000, the department, subject to the approval of the governor and the joint committee on finance under sub. (6m), may obligate under the subprogram for land acquisition any amount not in excess of the total bonding authority for that subprogram for the acquisition of land.
23.0917(5m)(b) (b) For each land acquisition transaction under this subsection, all of the following apply:
23.0917(5m)(b)1. 1. The department shall sell a portion of the acquired land.
23.0917(5m)(b)2. 2. All proceeds from the sale of the land, up to the amount obligated under par. (a) as determined by the secretary of administration, shall be deposited in the general fund and credited to the appropriation account under s. 20.370 (7) (ag). Notwithstanding s. 25.29 (1) (a), the proceeds in excess of the amount obligated under par. (a) shall be deposited in the general fund.
23.0917(5m)(b)3. 3. For bonds that are retired from the proceeds of the sale of the acquired land within 3 years after the date on which the land was acquired by the department, the department shall adjust the available bonding authority for the subprogram for land acquisition by increasing the available bonding authority for the fiscal year in which the bonds are retired by an amount equal to the total amount of the bonds issued for the sale that have been retired in that fiscal year.
23.0917(5m)(b)4. 4. For bonds that are not retired from the proceeds of the sale of the acquired land within 3 years after the date on which the land was acquired by the department, the department shall adjust the available bonding authority for the subprogram for land acquisition by decreasing the available bonding authority for the next fiscal year beginning after the end of that 3-year period by an amount equal to the total amount of the bonds that have not been retired from such proceeds in that fiscal year and, if necessary, shall decrease for each subsequent fiscal year the available bonding authority in an amount equal to that available bonding authority or equal to the amount still needed to equal the total amount of the bonds that have not been retired from such proceeds, whichever is less, until the available bonding authority has been decreased by an amount equal to the total of the bonds that have not been retired.
23.0917(5m)(c) (c) Notwithstanding sub. (2) (a) 1., land acquired under this subsection need not be for conservation or recreational purposes.
23.0917(5m)(d) (d) The department of administration shall monitor all transactions under this subsection to ensure compliance with federal law and to ensure that interest on the bonds is tax-exempt for the holders of the bonds.
23.0917(5t) (5t)Local governmental resolutions. Each city, village, town, or county may adopt a nonbinding resolution that supports or opposes the proposed acquisition of land to be funded by moneys obligated from the appropriation under s. 20.866 (2) (ta) if all or a portion of the land is located in the city, village, town, or county. The department shall provide written notification of the proposed acquisition to each city, village, town, or county in which the land is located. A city, village, town, or county that adopts a resolution shall provide the department with a copy of the resolution. If the department receives the copy within 30 days after the date that the city, village, town, or county received the notification of the proposed acquisition, the department shall take the resolution into consideration before approving or denying the obligation of moneys for the acquisition from the appropriation under s. 20.866 (2) (ta).
23.0917(6m) (6m)Review by joint committee on finance.
23.0917(6m)(a)(a) The department may not obligate from the appropriation under s. 20.866 (2) (ta) for a given project or activity any moneys unless it first notifies the joint committee on finance in writing of the proposal. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposal, the department may obligate the moneys. If, within 14 working days after the date of the notification by the department, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposal, the department may obligate the moneys only upon approval of the committee.
23.0917(6m)(c) (c) The procedures under par. (a) apply only to an amount for a project or activity that exceeds $250,000, except as provided in pars. (d), (dg), (dm), and (dr).
23.0917(6m)(d) (d) The procedures under par. (a) apply to any land acquisition under sub. (5m).
23.0917(6m)(dg)1.1. Notwithstanding sub. (1) (d), in this paragraph, “land" means land in fee simple.
23.0917(6m)(dg)2. 2. The procedures under par. (a) apply to any acquisition of land by the department under this section, regardless of the amount obligated for the acquisition, if at the time that the amount is obligated the amount of land owned by this state that is under the department's jurisdiction exceeds 1.9 million acres.
23.0917(6m)(dm) (dm) The procedures under par. (a) apply to an amount for a project or activity that is less than or equal to $250,000 if all of the following apply:
23.0917(6m)(dm)1. 1. The project or activity is so closely related to one or more other department projects or activities for which the department has proposed to obligate or has obligated moneys under s. 20.866 (2) (ta) that the projects or activities, if combined, would constitute a larger project or activity that exceeds $250,000.
23.0917(6m)(dm)2. 2. The project or activity was separated from a larger project or activity by the department primarily to avoid the procedures under par. (a).
23.0917(6m)(dr) (dr) The procedures under par. (a) apply to any acquisition of land in fee simple, regardless of the amount obligated for the acquisition, if the land is located north of STH 64.
23.0917(6m)(e) (e) This subsection does not apply to moneys obligated for the purpose of property development as described under sub. (4), to moneys obligated for land acquired by the department under s. 24.59 (1), or to moneys obligated for the acquisition of land for which the approval of the joint committee on finance is required under sub. (8) (g) 3.
23.0917(7) (7)Calculation of grant amounts; appraisals.
23.0917(7)(a)(a) Except as provided in pars. (b) and (c), for purposes of calculating the acquisition costs for acquisition of land under ss. 23.09 (19), (20) and (20m), 23.092 (4), 23.094 (3g), 23.0953, 23.096, 30.24 (4) and 30.277 from the appropriation under s. 20.866 (2) (ta), the buyer's acquisition price shall equal the sum of the land's current fair market value and other acquisition costs of the buyer, as determined by rule by the department.
23.0917(7)(b) (b) For land that has been owned by the current owner for less than one year, the buyer's acquisition price of the land shall equal the sum of the land's current fair market value and other acquisition costs of the buyer, as determined by rule by the department, or the current owner's acquisition price, whichever is lower.
23.0917(7)(c) (c) For land that has been owned by the current owner for one year or more but for less than 3 years, the buyer's acquisition price shall equal the lower of the following:
23.0917(7)(c)1. 1. The land's current fair market value and other acquisition costs of the buyer as determined by rule by the department.
23.0917(7)(c)2. 2. The sum of the current owner's acquisition price and the annual adjustment increase.
23.0917(7)(d) (d) For purposes of par. (c) 2., the annual adjustment increase shall be calculated by multiplying the current owner's acquisition price by 5 percent and by then multiplying that product by one of the following numbers:
23.0917(7)(d)1. 1. By one if the land has been owned by the current owner for one year or more but for less than 2 years.
23.0917(7)(d)2. 2. By 2 if the land has been owned by the current owner for 2 years or more but for less than 3 years.
23.0917(7)(e)1.1. For any land for which moneys are proposed to be obligated from the appropriation under s. 20.866 (2) (ta) in order to provide a grant, state aid, or other funding to a governmental unit or nonprofit conservation organization under s. 23.09 (19), (20), or (20m), 23.092 (4), 23.094 (3g), 23.0953, 23.096, 30.24 (2), or 30.277, the department shall use at least 2 appraisals to determine the current fair market value of the land. The governmental unit or nonprofit conservation organization shall submit to the department one appraisal that is paid for by the governmental unit or nonprofit conservation organization. The department shall obtain its own independent appraisal. The department may also require that the governmental unit or nonprofit conservation organization submit a 3rd independent appraisal. The department shall reimburse the governmental unit or nonprofit conservation organization up to 50 percent of the costs of the 3rd appraisal as part of the acquisition costs of the land if the land is acquired by the governmental unit or nonprofit conservation organization with moneys obligated from the appropriation under s. 20.866 (2) (ta).
23.0917(7)(e)2. 2. Subdivision 1. does not apply if the current fair market value of the land is estimated by the department to be $350,000 or less.
23.0917(7)(f)1.1. In this paragraph, “ taxation district" has the meaning given in s. 70.114 (1) (e).
23.0917(7)(f)2. 2. For any acquisition of any land that is funded with moneys obligated from the appropriation under s. 20.866 (2) (ta), the department, within 30 days after the moneys are obligated, shall submit to the clerk and the assessor of each taxation district in which the land is located a copy of every appraisal in the department's possession that was prepared in order to determine the current fair market value of the land involved. An assessor who receives a copy of an appraisal under this subdivision shall consider the appraisal in valuing the land as provided under s. 70.32 (1).
23.0917(8) (8)Prohibitions and limitations.
23.0917(8)(a) (a) The department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) for the acquisition of land for golf courses or for the development of golf courses.
23.0917(8)(b) (b) The department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) for the acquisition or development of land by a county or other local governmental unit or political subdivision if the county, local governmental unit, or political subdivision acquires the land involved by condemnation.
23.0917(8)(c) (c) The department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) for the acquisition by a city, village or town of land that is outside the boundaries of the city, village or town unless the city, village or town acquiring the land and the city, village or town in which the land is located approve the acquisition.
23.0917(8)(d) (d) The department may not acquire land using moneys from the appropriation under s. 20.866 (2) (ta) without the prior approval of a majority of the members-elect, as defined in s. 59.001 (2m), of the county board of supervisors of the county in which the land is located if at least 66 percent of the land in the county is owned or under the jurisdiction of the state, the federal government, or a local governmental unit, as defined in s. 66.0131 (1) (a). Before determining whether to approve the acquisition, the county in which the land is located shall post notices that inform the residents of the community surrounding the land of the possible acquisitions.
23.0917(8)(e) (e) Beginning with fiscal year 2007-08, the department may not obligate from the appropriation under s. 20.866 (2) (ta) more than 20 percent of the available bonding authority in a fiscal year for the acquisition of parcels of lands that are less than 10 acres in size.
23.0917(8)(f)1.1. Notwithstanding sub. (1) (d), in this paragraph, “land" means land in fee simple.
23.0917(8)(f)2. 2. Beginning with fiscal year 2013-14, of the amount set aside for a given fiscal year under sub. (3) (bt), not more than one-third of that amount may be obligated for the purpose of the acquisition of land by the department.
23.0917(8)(g)1.1. In this paragraph, “ project boundary" means the boundary of a project established by the department on or before May 1, 2013.
23.0917(8)(g)2. 2. Except as provided in subd. 3., beginning with fiscal year 2013-14, the department may not obligate any moneys from the appropriation under s. 20.866 (2) (ta) for the department to acquire land that is outside of a project boundary.
23.0917(8)(g)3. 3. The department may obligate moneys from the appropriation under s. 20.866 (2) (ta) for the department to acquire land that is outside of a project boundary if the joint committee on finance approves the land acquisition. A land acquisition is approved by the joint committee on finance under this subdivision if 12 members of the joint committee on finance vote to approve the land acquisition.
23.0917(12) (12)Expenditures after 2022. No moneys may be obligated from the appropriation under s. 20.866 (2) (ta) after June 30, 2022.
23.0917 History History: 1999 a. 9, 185; 2001 a. 16, 30, 109; 2003 a. 33; 2007 a. 20; 2009 a. 28; 2011 a. 32, 250; 2013 a. 20, 166; 2015 a. 55; 2017 a. 59, 71, 183; 2017 a. 364 ss. 3, 49; 2019 a. 9; s. 35.17 correction in (5g) (c) 2. c.
23.0918 23.0918 Natural resources land endowment fund.
23.0918(1)(1)In this section, “land" includes any buildings, facilities or other structures located on the land.
23.0918(2) (2)Unless the natural resources board determines otherwise in a specific case, only the income from the gifts, grants, or bequests in the fund is available for expenditure. The natural resources board may authorize expenditures only for preserving, developing, managing, or maintaining land under the jurisdiction of the department that is used for any of the purposes specified in s. 23.09 (2) (d). In this subsection, unless otherwise provided in a gift, grant, or bequest, principal and income are determined as provided under subch. XI of ch. 701.
23.0918 History History: 1999 a. 9; 2005 a. 10; 2013 a. 92.
23.0919 23.0919 Wisconsin outdoor wildlife heritage trust fund. Expenditures from the Wisconsin outdoor wildlife heritage trust fund may be used only for the improvement and maintenance of fish and wildlife habitat. For purposes of this section, improvement and maintenance of fish and wildlife habitat does not include the acquisition of land for such habitat.
23.0919 History History: 2001 a. 92.
23.092 23.092 Habitat areas.
23.092(1b)(1b)In this section, “nonprofit conservation organization" has the meaning given in s. 23.0955 (1).
23.092(1m) (1m)The department shall designate habitat areas in order to enhance wildlife-based recreation in this state, including hunting, fishing, nature appreciation and the viewing of game and nongame species. The department may not designate an area as a habitat area under this subsection if the area is located within the boundaries of a project established by the department before August 9, 1989.
23.092(2) (2)For each area designated under sub. (1m), the department shall prepare a plan, based upon the specific qualities of the area designated, that is designed to protect, enhance or restore the habitat in the designated area. After preparation of a plan for a designated area, the department shall encourage landowners to use specific management practices that are designed to implement the plan.
23.092(3) (3)The department may acquire easements for habitat areas by gift or devise or beginning on July 1, 1990, by purchase. The department may acquire land for habitat areas by gift, devise or purchase.
23.092(4) (4)The department may share the costs of implementing land management practices with landowners, or with nonprofit conservation organizations that are qualified to enhance wildlife-based recreation if these organizations have the landowner's permission to implement the practices. The department may share the costs of acquiring easements for habitat areas with landowners or with these nonprofit conservation organizations. If the funding for cost-sharing under this subsection will be expended from the appropriation under s. 20.866 (2) (ta), the amount expended for the cost-sharing may not exceed 50 percent of the cost of the management practices or of the acquisition costs for the easement except as provided in s. 23.096 (2m).
23.092(5) (5)
23.092(5)(a)(a) The department shall determine the value of land or an easement donated to the department that is within a habitat area and is dedicated for purposes of habitat protection, enhancement or restoration. For an easement, the valuation shall be based on the extent to which the fair market value of the land is diminished by the transfer. Except as provided in par. (b), an amount of money equal to the value of the donation shall be released from the appropriation under s. 20.866 (2) (ta) or (tz) or both to be used for habitat protection, enhancement or restoration activities for the same habitat area in which any donation was made on or after August 9, 1989. The department shall determine how the moneys being released are to be allocated from these appropriations.
23.092(5)(b) (b) If the moneys allocated under par. (a) for release from the appropriation under s. 20.866 (2) (ta) to match a donation under par. (a) will exceed the annual bonding authority for the subprogram under s. 23.0917 (3) for a given fiscal year, as adjusted under s. 23.0917 (5), the department shall release from the moneys appropriated under s. 20.866 (2) (ta) the remaining amount available under that annual bonding authority, as adjusted under s. 23.0917 (5), for the given fiscal year and shall release in each following fiscal year from the moneys appropriated under s. 20.866 (2) (ta) an amount equal to that annual bonding authority, as adjusted under s. 23.0917 (5), or equal to the amount still needed to match the donation, whichever is less, until the entire amount necessary to match the donation is released.
23.092(6) (6)Except as provided in s. 23.0915 (2), the department may not expend from the appropriation under s. 20.866 (2) (tz) more than $1,500,000 under this section for fisheries, for habitat areas and for grants for this purpose under s. 23.096 in each fiscal year.
23.093 23.093 Carp control research. The department of natural resources may enter into contracts with public or private agencies for the accelerated research and development of a specific toxic material for the control and eradication of carp in the waters of the state.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 18 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on October 1, 2019. Published and certified under s. 35.18. Changes effective after October 1, 2019, are designated by NOTES. (Published 10-1-19)