Written comments on the proposed rules may be sent to the contact person by Thursday, December 2, 1999. Written comments will receive the same consideration as written or oral testimony presented at the hearing.

Statutory authority: ss. 44.41 (7) (k) and 227.11 (2) (a)

Statutes interpreted: ss. 44.40 and 44.41

The Kickapoo Reserve Management Board was created in 1994 to manage the Kickapoo Valley Reserve, which encompasses approximately 7,400 acres along 14 miles of the Kickapoo River in Vernon County. The 11 member board, which is appointed by the Governor, is required by statute to manage the land for low impact recreation. It currently does so under a management lease agreement with the U.S. Corps of Engineers, which purchased the land in the early 1970's as part of a large flood control and dam-building effort that was discontinued in 1975 because of environmental and cost concerns.

In 1996 federal legislation deauthorized the dam project and provided for ownership of approximately 7,400 acres to be transferred to the state when federal requirements are met. An additional 1,200 acres of tribally significant land is to be held in trust for the Ho-Chunk Nation by the Federal Bureau of Indian Affairs. The federal legislation that provides for the transfer of ownership does not specify a date by which title must be transferred but, it is anticipated that transfer of title to the 7,400 acres to the State will be completed in April of 2000.

The proposed rules contain the detail related to the Board management of the property, public use of the property and fees for public use of the property. The rules are very similar to Department of Natural Resources rules related to the use and management of state parks. (See Chapter NR 45.) In addition to general rules related to the management and use of the Reserve, the proposed rule regulates vehicle operation, animals, fires, use of firearms and hunting and camping on the Reserve. The proposed rule also provides for the charging of fees for camping and other recreational uses of the Reserve.

Notice is hereby given that pursuant to s. 227.14, Stats., the proposed rule will have minimal impact on small businesses. The initial regulatory flexibility analysis as required by s. 227.17 (3) (f), Stats., is as follows:

1) Type of small business affected by the rule: None.

2) The proposed reporting, bookkeeping and other procedures required for compliance with the rule: None.

3) The types of professional skills necessary for compliance with the rule: None.

The proposed rule provides for the charging of fees for camping and other recreational uses of the reserve. The fees will generate revenue for the Kickapoo Valley Reserve Management Board that will be used for management of the Reserve. Since fee rates and the amount of recreational uses are unknown, it is not possible to determine the amount of revenue that will be generated.

For additional information about or copies of the proposed rules contact:

The hearing sites are fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Peg Branson, Continuing Education Consultant, at (608) 266-2413 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.

A copy of the proposed rule and the fiscal estimate may be obtained by sending an email request to lori.slauson@dpi.state.wi.us or by writing to:

Written comments on the proposed rules received by Ms. Slauson at the above address no later than October 13, 1999, will be given the same consideration as testimony presented at the hearing. Comments submitted via email will not be accepted as formal testimony.

The proposed rules clarify and update the current public librarian certification rules by making the following modifications:

•   Continuing education participation will be measured by contact hours rather than continuing education points.

•   The required number of contact hours for continuing education will be the same for all grade levels.

•   Provisional certificates will be granted for 5 years, rather than one year.

•   Applicants who have not completed all of the library course requirements will be issued temporary certificates rather than provisional certificates.

•   Temporary certificates will be available, depending on the grade level and the courses to be completed. These certificates must be renewed annually and may not be renewed after 3 years.

•   Library directors in communities with a population increase will receive an upgraded provisional certificate for the same time period as the certificate being replaced.

•   Library directors eligible for temporary certification must apply within 3 months of employment, rather than the current 6 months.

•   Temporary certificates will be available to certain previously certified applicants whose certification has expired.

The proposed rules make minor, procedural changes and will not result in any increased state or local government costs.

The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114(1)(a), Stats.

The Public Service Commission proposes to repeal and recreate ch. PSC 111, Wis. Adm. Code. These rules currently describe procedures for filing and reviewing Advance Plan information and applications for Certificates of Public Convenience and Necessity (CPCN) under s. 196.491, Stats. The enactment of 1997 Wis. Act 204, however, replaced Advance Plans with biennial Strategic Energy Assessments and revised the law regarding CPCNs. These proposed rules follow the statutory revisions.

The Public Service Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations or who needs to obtain this document in a different format should contact the case coordinator listed below.

Persons who desire to actively participate as full parties must request full party status in writing. Full party status requests should be addressed to Jeffry Patzke, Hearing Examiner, Public Service Commission of Wisconsin, Examining Division, P.O. Box 7854, Madison, Wisconsin 53707-7854.

Questions from the media may be directed to Jeffrey L. Butson, Public Affairs Director, at (608) 267-0912.

Questions regarding this matter may be directed to case coordinator Randel Pilo at (608) 267-1474.

Statutory authority: ss. 196.02 (3), 196.491 (2) (ag) and (3) (a) 1., and 227.11

Statute interpreted: s. 196.491(2) and (3)