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)4.

4. A subprogram for land acquisition in the Baraboo Hills for conservation purposes.

23.0917(3)(dm)1m.

1m. For fiscal year 2001-02, $34,500,000.

23.0917(3)(dm)5.

5. For fiscal year 2011-12, $37,500,000.

23.0917(4)(d)1m.c.

c. For each fiscal year beginning with 2013-14 and ending with fiscal year 2019-20, $15,000,000.

23.0917(4g)

(4g) Bluff protection.

23.0917(5)

(5) Adjustments for subsequent fiscal years.

23.0917(5m)(b)1.

1. The department shall sell a portion of the acquired land.

23.0917(7)

(7) Calculation of grant amounts; appraisals.

23.0917(4)(d)2n.

2n. For fiscal year 2010-11, the department may obligate not more than $11,500,000 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)

(4) Property development and local assistance subprogram.

23.0917(4)(f)

(f) For purposes of this subsection, the department by rule shall define “nature-based outdoor recreation”.

23.0917(2)(a)3m.

3m. A subprogram for recreational boating aids.

23.0917(3)(dm)4.

4. For fiscal year 2010-11, $62,000,000.

23.0917(4g)(a)

(a) The department may not obligate more than $1,000,000 under the subprogram for bluff protection.

23.0917(4g)(c)

(c) The department may not obligate moneys for the subprogram for bluff protection after June 30, 2004.

23.0917(4j)

(4j) Recreational boating aids.

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(5m)

(5m) Adjustments for land acquisitions.

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)3.

3. A subprogram for bluff protection.

23.0917(2)

(2) Establishment.

23.0917(3)

(3) Land acquisition subprogram.

23.0917(3)(c)6.

6. Acquisition of land in the middle Kettle Moraine.

23.0917(3)(dm)1.

1. For fiscal year 2000-01, $28,500,000.

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)3.

3. For fiscal year 2007-08, $43,500,000.

23.0917(3)(dm)3m.

3m. For fiscal years 2008-09 and 2009-10, $42,500,000 for each fiscal year.

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 § 23.09 (2)(d).

23.0917(1)(dm)

(dm) “Nonprofit conservation organization” has the meaning given in § 23.0955 (1).

23.0917

23.0917 Warren Knowles-Gaylord Nelson stewardship 2000 program.

23.0917(1)

(1) Definitions. In this section:

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)(am)

(am) “Available bonding authority” means the annual bonding authority as it may be adjusted under sub. (4g) (b), (4m) (k), (5) or (5m).

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)(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)(g)

(g) “Remaining bonding authority” means the amount of moneys that has not been obligated.

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)(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)(b)

(b) Except as provided in sub. (5m), no moneys may be obligated from the appropriation under § 20.866 (2)(ta) before July 1, 2000.

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 § 23.09 (2)(d) and grants for these purposes under § 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 § 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 § 23.096.

23.0917(3)(dm)6.

6. For fiscal year 2012-13, $36,500,000.

23.0917(3)(dm)7.

7. For each fiscal year beginning with 2013-14 and ending with fiscal year 2019-20, $42,500,000.

23.0917(3)(e)

(e) For purposes of this subsection, the department by rule shall define “wild lake”.

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 § 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 § 30.26, wild lakes and land along the shores of the Great Lakes.

23.0917(3)(c)2.

2. Acquisition of land for the stream bank protection program under § 23.094.

23.0917(3)(c)3.

3. Acquisition of land for habitat areas and fisheries under § 23.092.

23.0917(3)(c)4.

4. Acquisition of land for natural areas under §§ 23.27 and 23.29.

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(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 para. (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(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)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(4)(b)1.

1. Grants for urban green space under ss. 23.09 (19) and 23.096.

23.0917(4)(b)2.

2. Grants for local parks under ss. 23.09 (20) and 23.096.

23.0917(4)(b)3.

3. Grants for acquisition of property development rights under ss. 23.09 (20m) and 23.096.

23.0917(4)(b)4.

4. Grants for urban rivers under §§ 23.096 and 30.277.

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)1.

1. Property development of department lands.

23.0917(4)(c)2.

2. Property development on conservation easements adjacent to department lands.

23.0917(4)(c)3.

3. Grants under § 23.098.

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)1m.a.

a. For fiscal year, 2011-12, $20,000,000.

23.0917(4)(d)1m.b.

b. For fiscal year 2012-13, $21,000,000.

23.0917(4)(cm)1.

1. Construction of the Wisconsin agricultural stewardship initiative facility under § 23.197 (7m).

23.0917(4)(cm)1m.

1m. Construction of a visitor center and administration building at the Kickapoo valley reserve under § 23.197 (2m).

23.0917(4)(cm)2.

2. Projects approved by the state fair park board under § 23.197 (8).

23.0917(4)(cm)3.

3. Reconstruction of the chalet at Rib Mountain State Park under § 23.197 (3m)(b).

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 fiscal year 2010-11 the department may obligate not more than $21,500,000 under the subprogram except as provided in sub. (5).

23.0917(4)(d)1m.

1m. Except as provided in sub. (5), the department may not obligate under the subprogram more than the following amounts:

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)2p.

2p. Beginning with fiscal year 2011-2012 and ending with fiscal year 2019-20, the department may obligate not more than $8,000,000 in each fiscal year for local assistance.

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(4j)(a)

(a) In this subsection “local governmental unit” means a city, village, town, or county, a lake sanitary district, as defined in § 30.50 (4q), a public inland lake protection and rehabilitation district organized under ch. 33, or any other local governmental unit, as defined in § 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 § 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 § 30.92.

23.0917(4m)

(4m) Baraboo Hills.

23.0917(4m)(a)

(a) Definitions. In this subsection:

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 § 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 § 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)

(c) Overall requirements.

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)(d)1.

1. The land is being acquired for conservation purposes.

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)(h)

(h) Matching land acquisitions; future commitments.

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)(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:

23.0917(4m)(f)1.

1. For land that is acquired by purchase at fair market value, the value shall equal the sum of the purchase price and the costs incurred by the federal government, local governmental unit or nonprofit conservation organization in acquiring the land.

23.0917(4m)(f)2.

2. For land that is acquired by gift or bequest or by purchase at less than fair market value, the value shall equal the sum of the appraised fair market value of the land at the time of the acquisition and the costs incurred by the acquiring entity in acquiring the land. The acquiring entity shall supply the appraisal upon which the appraised fair market value is based.

23.0917(4m)(h)1.

1. In addition to the moneys made available for expenditure under par. (g), the department shall set aside moneys in amounts that equal amounts that the federal government, local governmental units or nonprofit conservation organizations commit for the acquisition of land in the Baraboo Hills for conservation purposes. Federal moneys that are committed under this paragraph shall be federal nontransportation moneys. The department may set aside moneys under this paragraph only for commitments that are made before January 1, 2006.

23.0917(4m)(h)2.

2. For each land acquisition that is made by using moneys that are committed by the federal government, a local governmental unit or a nonprofit conservation organization under this paragraph and that is certified as a qualifying matching land acquisition under par. (e), the department shall make available for expenditure moneys in an amount that equals the value of the land acquisition, as calculated under par. (f), after the acquisition is certified.

23.0917(5m)(b)

(b) For each land acquisition transaction under this subsection, all of the following apply:

23.0917(4m)(g)

(g) Matching land acquisitions; available moneys. For each land acquisition that is certified as a qualifying matching land acquisition under par. (e), the department shall make available for expenditure moneys in an amount that equals the value of the land acquisition, as calculated under par. (f). This paragraph does not apply to a land acquisition that is acquired with moneys committed by the federal government, local governmental unit or nonprofit conservation organization under par. (h).

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(8)(b)

(b) The department may not obligate moneys from the appropriation under § 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(5)(a)

(a) If for a given fiscal year the department obligates an amount from the moneys appropriated under § 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 para. (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 § 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 para. (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 para. (c) or (d), for that subprogram in that given fiscal year.

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 § 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)(e)

(e) This subsection does not apply to moneys obligated for the purpose of property development as described under sub. (4) or to moneys obligated for land acquired by the department under § 24.59 (1).

23.0917(7)(e)

(e)

23.0917(5)(c)

(c) The department may not obligate for a fiscal year an amount from the moneys appropriated under § 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 para. (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% 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(8)(c)

(c) The department may not obligate moneys from the appropriation under § 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)(e)

(e) Beginning with fiscal year 2007-08, the department may not obligate from the appropriation under § 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(12)

(12) Expenditures after 2020. No moneys may be obligated from the appropriation under § 20.866 (2)(ta) after June 30, 2020.

23.0917(5)(d)1.

1. That moneys appropriated for that subprogram to the department under § 20.370 and the moneys appropriated for that subprogram under § 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(5g)

(5g) Unused bonding authority. If for a given fiscal year, the department obligates an amount from the moneys appropriated under § 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 2019-20.

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(6m)(d)

(d) The procedures under pars. (a) and (b) [par. (a)] apply to any land acquisition under sub. (5m).

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(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 § 20.370 (7)(ag). Notwithstanding § 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(6m)

(6m) Review by joint committee on finance.

23.0917(6m)(a)

(a) The department may not obligate from the appropriation under § 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 af