23.0917(4m)(i)(i) Available moneys; uses. The moneys made available for expenditure under par. (g) or (h) 2. may be used by the department to acquire land in the Baraboo Hills for conservation purposes and to award grants to local governmental units and nonprofit conservation organizations. 23.0917(4m)(j)(j) Available moneys; grant requirements. A local governmental unit or nonprofit conservation organization that receives a grant under par. (i) does not need to provide any matching funding. Land acquired with moneys from a grant awarded under par. (i) may not be certified by the department as a qualifying matching land acquisition under par. (e). Grants awarded under par. (i) shall be used to acquire land for conservation purposes in the Baraboo Hills. 23.0917(4m)(k)(k) Unassigned amount. If the assigned amount for the subprogram for the Baraboo Hills on January 1, 2006, is less than the available bonding authority, the department shall calculate the unassigned amount by subtracting the assigned amount from the available bonding authority. The department shall then adjust the annual bonding authority for the subprogram for land acquisition by increasing its annual bonding authority by an amount equal to this unassigned amount. The department shall expend any assigned amount that has not been expended before January 1, 2006, for acquisitions, by the department, of land for conservation purposes and for grants that meet the requirements under par. (j). 23.0917(4m)(L)(L) Highway construction required. No moneys may be obligated for the subprogram for the Baraboo Hills before the department of transportation certifies to the department of natural resources that highway construction that will result in at least 4 traffic lanes has begun on the portion of USH 12 between the city of Middleton and the village of Sauk City. 23.0917(5)(5) Adjustments for subsequent fiscal years. 23.0917(5)(a)(a) If for a given fiscal year the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that is less than the annual bonding authority for that subprogram for that given fiscal year, the department shall adjust the annual bonding authority for that subprogram by raising the annual bonding authority, as it may have been previously adjusted under this paragraph and par. (b), for the next fiscal year by the amount that equals the difference between the amount authorized for that subprogram and the obligated amount for that subprogram in that given fiscal year. This paragraph does not apply after fiscal year 2010-11. 23.0917(5)(b)(b) If for a given fiscal year the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that is more than the annual bonding authority for that subprogram for that given fiscal year, the department shall adjust the annual bonding authority for that subprogram by lowering the annual bonding authority, as it may have been previously adjusted under this paragraph and par. (a), for the next fiscal year by an amount equal to the remainder calculated by subtracting the amount authorized for that subprogram from the obligated amount, as it may be affected under par. (c) or (d), for that subprogram in that given fiscal year. 23.0917(5)(c)(c) The department may not obligate for a fiscal year an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that exceeds the amount equal to the annual bonding authority for that subprogram as it may have been previously adjusted under pars. (a) and (b), except as provided in par. (d). 23.0917(5)(d)(d) For a given fiscal year, in addition to obligating the amount of the annual bonding authority for a subprogram under sub. (3) or (4), or the amount equal to the annual bonding authority for that subprogram, as adjusted under pars. (a) and (b), whichever amount is applicable, the department may also obligate for that subprogram up to 100 percent of the annual bonding authority for that subprogram for that given fiscal year for a project or activity if the natural resources board determines that all of the following conditions apply: 23.0917(5)(d)1.1. That moneys appropriated for that subprogram to the department under s. 20.370 and the moneys appropriated for that subprogram under s. 20.866 (2) (ta), (tp) to (tw), (ty) and (tz) do not provide sufficient funding for the project or activity. 23.0917(5)(d)2.2. That any land involved in the project or activity covers a large area or the land is uniquely valuable in conserving the natural resources of the state. 23.0917(5)(d)3.3. That delaying or deferring all or part of the cost to a subsequent fiscal year is not reasonably possible. 23.0917(5g)(a)(a) Except as provided in pars. (b) to (j), if for a given fiscal year, the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that is less than the annual bonding authority under that subprogram for that given fiscal year, the department may not obligate the unobligated amount in subsequent fiscal years. This subsection applies beginning with fiscal year 2011-12 and ending with fiscal year 2025-26. 23.0917(5g)(b)(b) If in a given fiscal year beginning with fiscal year 2013-14 the amount that the department obligates from the moneys appropriated under s. 20.866 (2) (ta) to provide grants to nonprofit conservation organizations under s. 23.096 is less than the amount set aside for that purpose under sub. (3) (br) in that fiscal year, the department may obligate the unobligated amount in the next fiscal year but only for the purpose of awarding a grant under s. 23.0953 to a county for the acquisition of land for a county forest under s. 28.11. 23.0917(5g)(c)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 2011-12, 2012-13, 2013-14, 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 2013-14, 2014-15, and 2015-16 exceeded the amount obligated for that purpose in that fiscal year. 23.0917(5g)(c)2.2. The department shall obligate the unobligated amount as follows: 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.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(5g)(h)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 2016-17, 2017-18, and 2018-19 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 2016-17, 2017-18, and 2018-19 exceeded the amount obligated for that purpose in that fiscal year. 23.0917(5g)(h)2.2. Of the unobligated amount, the department shall obligate an amount necessary to fund critical health and safety-related water infrastructure projects and high-priority water infrastructure projects in state parks, prioritizing projects in those state parks with the highest demand, but not more than $5,200,000. 23.0917(5g)(i)1.b.b. “Excluded amount” means the amount by which the annual obligation authority for the purpose under sub. (3) (br) beginning in fiscal year 2019-20 and ending in fiscal year 2021-22 exceeded the amounts obligated for that purpose in those fiscal years. 23.0917(5g)(i)1.c.c. “Obligated amount” means the amount that the department expended, obligated, or otherwise encumbered from the moneys appropriated under s. 20.866 (2) (ta) beginning in fiscal year 1999-2000 and ending in fiscal year 2021-22. 23.0917(5g)(i)1.d.d. “Unobligated amount” means the amount by which the bonding authority exceeded the obligated amount, not including the excluded amount. 23.0917(5g)(i)2.2. Of the unobligated amount beginning in fiscal year 2022-23, the department may obligate amounts necessary for the purposes of the subprograms under subs. (3), (4), and (4j). For each subprogram, the department cannot obligate under this subdivision in a fiscal year more than the fiscal year 2022-23 obligation limit for each subprogram, and in total not more than the total annual obligation limit for that fiscal year. 23.0917(5g)(j)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 2019-20 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 2019-20 exceeded the amount obligated for that purpose in that fiscal year. 23.0917(5g)(j)2.2. Of the unobligated amount, the department shall obligate $3,000,000 to fund the Pierce County Islands Wildlife Area restoration project. 23.0917(5g)(k)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 2020-21 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 2020-21 exceeded the amount obligated for that purpose in that fiscal year. 23.0917(5g)(k)2.2. Of the unobligated amount, the department shall obligate an amount necessary to fund, in the following order of priority, high-priority water infrastructure projects in the state park system and medium-priority water infrastructure projects in the state park system, but not more than $5,600,000. 23.0917(5g)(L)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) exceeded the amounts that the department obligated from the moneys appropriated under s. 20.866 (2) (ta). 23.0917(5g)(L)2.2. The unobligated amount, the department shall obligate. This includes drilling new wells, facility maintenance, upgrades and renovations, and construction of new buildings. 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)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 under this subsection shall provide the department with a copy of the resolution. All of the following apply to a resolution under this subsection: 23.0917(5t)(a)(a) For the proposed acquisition of land located south of USH 8, 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(5t)(b)(b) For the proposed acquisition of land located north of USH 8, the department may not approve the obligation of moneys for the acquisition from the appropriation under s. 20.866 (2) (ta) and may not notify the joint committee on finance of the proposal, if required under sub. (6m), unless every city, village, town, or county in which the land is located adopts a resolution under this subsection approving the acquisition by a simple majority vote of the governing body. 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)(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 NoteNOTE: Sub. (6m) was held to be unconstitutional by the Wisconsin Supreme Court in Evers v. Marklein, 2024 WI 31. 23.0917(7)(7) Calculation of grant amounts; appraisals. 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:
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Chs. 23-34, Public Domain and the Trust Funds
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