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LRB-4378/1
EHS:cdc
2021 - 2022 LEGISLATURE
January 5, 2022 - Introduced by Senators Felzkowski, Ballweg, Bernier, Cowles,
Nass and Stroebel, cosponsored by Representatives Callahan, Armstrong,
James, Loudenbeck, Murphy and Ramthun. Referred to Committee on
Natural Resources and Energy.
SB802,1,6 1An Act to renumber and amend 23.09 (19) (e), 23.09 (20) (b) and 23.0953 (4);
2and to create 20.370 (7) (ae), 23.09 (19) (e) 2. and 3., 23.09 (20) (b) 3. and 4.,
323.0953 (4) (b) and (c) and 23.096 (4) (am) of the statutes; relating to: the sale,
4transfer, or conversion of property acquired with certain grants under the
5Warren Knowles-Gaylord Nelson Stewardship 2000 Program and making an
6appropriation.
Analysis by the Legislative Reference Bureau
This bill allows an entity that has acquired property with the use of a grant
under the Warren Knowles-Gaylord Nelson Stewardship 2000 Program to sell,
transfer, or convert the use of that property under certain circumstances.
Current law authorizes the state to incur public debt for certain conservation
activities under the stewardship program, which is administered by the Department
of Natural Resources. The state may incur this debt to acquire land for the state for
conservation purposes and for property development activities and may award
grants to others to acquire land for these purposes. As part of the stewardship
program, DNR may award the following grants:
1. To nonprofit conservation organizations to acquire property for conservation
purposes (“NCO grant”).
2. To counties to acquire property for a county forest or for a project that
promotes nature-based outdoor recreation or conservation and for which DNR is
requesting the county's assistance (“county forest grant”).

3. To a city, village, town, county, lake sanitary district, public inland lake
protection and rehabilitation district, or the Kickapoo reserve management board to
acquire property for urban green space (“urban green space grant”).
4. To a city, village, town, county, or the Kickapoo reserve management board
to acquire property for nature-based outdoor recreation purposes (“local parks
grant”).
Under current law, a recipient of an NCO grant must enter a contract with DNR
(“NCO contract”) that contains standards for the management of the property, a
prohibition against using the property as security for any debt without DNR
approval, a prohibition against closing the property to the public unless DNR
determines it is necessary to protect wild animals, plants, or other natural features,
and a clause that any subsequent sale or transfer of the property is restricted by law.
Current law restricts the circumstances under which property acquired with an
NCO grant may be sold or transferred. Current law allows an NCO to sell or transfer
property it acquired with an NCO grant to a third party other than a creditor if DNR
approves the sale or transfer and the buyer enters into a new NCO contract with
DNR. In addition, current law allows an NCO to sell or transfer property acquired
with an NCO grant to satisfy a debt or other obligation with DNR approval.
Current law restricts a county from converting land, or rights in land, acquired
with a county forest grant to a use that is inconsistent with the type of nature-based
outdoor recreation or conservation activity for which the grant was awarded unless
the Natural Resources Board approves the conversion. The bill changes the
approving authority to DNR.
Current law states that DNR must specify what purpose the recipient of an
urban green space grant may use the land or rights in the land acquired with the
grant, and the recipient may not convert the land or rights in the land to a use that
is inconsistent with those approved uses. The bill specifies that this prohibition does
not apply if the grant recipient receives prior approval from DNR.
Under current law, land or rights in land acquired with a local parks grant may
not be converted to uses inconsistent with those specified in the grant program
(nature-based outdoor recreation and, for municipalities, development of a park
system) without prior approval of the state. The bill changes to approving authority
to DNR.
The bill adds another circumstance under which an NCO may sell or transfer
property it acquired with an NCO grant to a third party other than a creditor, and
under which the recipient of a county forest grant, urban green space grant, or local
parks grant may convert land, or rights in land, acquired with those grants to an
inconsistent use: if the grant recipient notifies DNR in writing of its intent to sell,
transfer, or convert the property; the grant recipient reimburses DNR the full
amount of the grant it received plus interest, as determined by DNR, within one year
after it provided DNR notice of its intent to sell, transfer, or convert the property; and
the property remains open to the public until it is sold, transferred, or converted.
Under the bill, a grant recipient that has notified DNR of its intent to sell, transfer,
or convert the property may withdraw that intent within the one-year period, in
which case the reimbursement requirement is lifted and the grant recipient must

wait six months before beginning the process again. The bill requires the money that
DNR receives as reimbursement of grants plus interest to be used to pay principle
on outstanding public debt incurred under the stewardship program.
The bill makes no change to the urban rivers grant program, under which DNR
may award a stewardship grant to a city, village, town, county, or the Kickapoo
reserve management board for a project on or adjacent to a river that flows through
an urban area. Current law does not restrict the sale, transfer, or conversion of
property acquired with an urban rivers grant.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB802,1 1Section 1 . 20.370 (7) (ae) of the statutes is created to read:
SB802,3,82 20.370 (7) (ae) Grant reimbursement - principal repayment. All moneys
3received from nonprofit conservation organizations under s. 23.096 (4) (am) 1. b.,
4from counties under s. 23.0953 (4) (b) 2., and from governmental units under s. 23.09
5(19) (e) 2. b. and (20) (b) 3. b. to reimburse s. 20.866 (1) (u) for the payment of principal
6on outstanding public debt incurred under the Warren Knowles-Gaylord Nelson
7stewardship 2000 program under s. 23.0917 and to make payments under an
8agreement or ancillary arrangement entered into under s. 18.06 (8) (a).
SB802,2 9Section 2 . 23.09 (19) (e) of the statutes is renumbered 23.09 (19) (e) 1. and
10amended to read:
SB802,3,1611 23.09 (19) (e) 1. As part of its approval of a grant, the department shall specify
12for which of the purposes listed in par. (c) the governmental unit may use the land
13or the rights in the land acquired with the grant. The Except as provided under subd.
142., without the prior approval of the department the
governmental unit may not
15convert the land or the rights in the land acquired under this subsection to a use that
16is inconsistent with the uses as approved by the department.
SB802,3 17Section 3 . 23.09 (19) (e) 2. and 3. of the statutes are created to read:
SB802,4,4
123.09 (19) (e) 2. A governmental unit may convert the land, or rights in the
2land, acquired with grant moneys awarded under this subsection to a use that is
3inconsistent with the uses specified by the department under subd. 1. without prior
4approval of the department if all of the following apply:
SB802,4,65 a. The governmental unit notifies the department in writing of its intent to
6convert the land or rights in the land.
SB802,4,117 b. Except as provided in par. (c), the governmental unit reimburses the
8department the full amount of the grant it received plus interest, as determined by
9the department, within one year after the date on which it notified the department
10under subd. 1. This reimbursement requirement applies regardless of whether the
11land or rights in the land are converted within that period.
SB802,4,1212 c. The property remains public until the time of conversion.
SB802,4,1813 3. A governmental unit that notifies the department of its intent to convert the
14land or rights in the land under subd. 2. a. may withdraw its intent before the period
15under subd. 2. b. expires by notifying the department in writing of that withdrawal.
16If notification of withdrawal is submitted, the reimbursement requirement under
17subd. 2. b. does not apply and the governmental unit may not begin the process under
18subd. 2. again for 6 months.
SB802,4 19Section 4 . 23.09 (20) (b) of the statutes is renumbered 23.09 (20) (b) 1. and
20amended to read:
SB802,5,221 23.09 (20) (b) 1. Except as provided in s. 23.096 (2m), state aid under this
22subsection is limited to no more than 50 percent of the acquisition costs and the
23development costs of recreation lands and other outdoor recreation facilities. Costs
24associated with operation and maintenance of parks and other outdoor recreational
25facilities established under this subsection are not eligible for state aid.

1Administrative costs of acquiring lands or land rights are not included in the
2acquisition costs eligible for state aid under this subsection.
SB802,5,8 32. Title to lands or rights in lands acquired by a municipality under this
4subsection shall vest in the municipality, but, except as provided under subd. 3., such
5land shall not be converted to uses inconsistent with this subsection subd. 1. without
6prior approval of the state and department. Except as provided under subd. 3.,
7proceeds from the sale or other disposal of such lands shall be used to promote the
8objectives of this subsection.
SB802,5 9Section 5 . 23.09 (20) (b) 3. and 4. of the statutes are created to read:
SB802,5,1410 23.09 (20) (b) 3. A governmental unit may convert the land, or rights in the
11land, acquired with grant moneys awarded under this subsection to a use that is
12inconsistent with subd. 1. without prior approval of the department and proceeds
13from the sale or other disposal of such lands are not limited to promotion of the
14objectives of this subsection if all of the following apply:
SB802,5,1615 a. The governmental unit notifies the department in writing of its intent to
16convert the land or rights in the land.
SB802,5,2117 b. Except as provided in subd. 4., the governmental unit reimburses the
18department the full amount of the grant it received plus interest, as determined by
19the department, within one year after the date on which it notified the department
20under subd. 3. a. This reimbursement requirement applies regardless of whether the
21land or rights in the land are converted within that period.
SB802,5,2222 c. The property remains public until the time of conversion.
SB802,6,323 4. A governmental unit that notifies the department of its intent to convert the
24land or rights in the land under subd. 3. a. may withdraw its intent before the period
25under subd. 3. b. expires by notifying the department in writing of that withdrawal.

1If notification of withdrawal is submitted, the reimbursement requirement under
2subd. 3. b. does not apply and the governmental unit may not begin the process under
3subd. 3. again for 6 months.
SB802,6 4Section 6 . 23.0953 (4) of the statutes is renumbered 23.0953 (4) (a) and
5amended to read:
SB802,6,106 23.0953 (4) (a) A Except as provided in par. (b), a county may not convert the
7land, or any rights in the land, acquired with grant moneys awarded under sub. (2)
8(a) 2. to a use that is inconsistent with the type of nature-based outdoor recreation
9or conservation activity for which the grant was awarded unless the natural
10resources board
department approves the conversion.
SB802,7 11Section 7 . 23.0953 (4) (b) and (c) of the statutes are created to read:
SB802,6,1512 23.0953 (4) (b) A county may convert the land, or rights in the land, acquired
13with grant moneys awarded under sub. (2) (a) 2. to a use that is inconsistent with the
14type of nature-based outdoor recreation or conservation activity for which the grant
15was awarded without the approval of the department if all of the following apply:
SB802,6,1716 1. The county notifies the department in writing of its intent to convert the land
17or rights in the land.
SB802,6,2218 2. Except as provided in par. (c), the county reimburses the department the full
19amount of the grant it received plus interest, as determined by the department,
20within one year after the date on which it notified the department under subd. 1.
21This reimbursement requirement applies regardless of whether the land or rights in
22the land are converted within that period.
SB802,6,2323 3. The property remains public until the time of conversion.
SB802,7,424 (c) A county that notifies the department of its intent to convert the land or
25rights in the land under par. (b) 1. may withdraw its intent before the period under

1par. (b) 2. expires by notifying the department in writing of that withdrawal. If
2notification of withdrawal is submitted, the reimbursement requirement under par.
3(b) 2. does not apply and the county may not begin the process under par. (b) again
4for 6 months.
SB802,8 5Section 8 . 23.096 (4) (am) of the statutes is created to read:
SB802,7,86 23.096 (4) (am) 1. The nonprofit conservation organization may subsequently
7sell or transfer the acquired property to a 3rd party other than a creditor of the
8organization if all of the following apply:
SB802,7,109 a. The nonprofit conservation organization notifies the department in writing
10of its intent to sell or transfer the property.
SB802,7,1511 b. Except as provided in subd. 2., the nonprofit conservation organization
12reimburses the department the full amount of the grant it received plus interest, as
13determined by the department, within one year after the date on which it notified the
14department under subd. 1. a. This reimbursement requirement applies regardless
15of whether the property is sold or transferred within that period.
SB802,7,1616 c. The property remains public until the time of sale or transfer.
SB802,7,2217 2. A nonprofit conservation organization that notifies the department of its
18intent to sell or transfer the property under subd. 1. a. may withdraw its intent before
19the period under subd. 1. b. expires by notifying the department in writing of that
20withdrawal. If notification of withdrawal is submitted, the reimbursement
21requirement under subd. 1. b. does not apply and the nonprofit conservation
22organization may not begin the process under subd. 1. again for 6 months.
SB802,7,2323 (End)
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