SB265,3,1515 (a) "Eligible recipient" means an entity that is listed in sub. (4) (b).
SB265,3,1716 (b) "Local governmental unit" means a city, village, town, county, or special
17purpose district.
SB265,4,6
1(c) "Nonprofit organization for nonmotorized trails" means a nonprofit
2corporation, a charitable trust, or other nonprofit association whose purposes
3include the acquisition, ownership, development, or maintenance of, or other similar
4benefits for, nonmotorized trails and that is described in section 501 (c) (3) of the
5Internal Revenue Code and is exempt from federal income tax under section 501 (a)
6of the Internal Revenue Code.
SB265,4,77 (d) "State agency" has the meaning given in s. 23.175 (1) (b).
SB265,4,10 8(2) Program established in department; rules. (a) There is established in the
9department a program to provide funding to maintain and enhance the use of
10nonmotorized trails throughout the state.
SB265,4,1311 (b) The department, in consultation with any council created under s. 15.04 (1)
12(c) to advise the department regarding nonmotorized trails, shall promulgate rules
13to implement and administer the program.
SB265,4,15 14(3) Trails qualified for funding. (a) To be a nonmotorized trail that qualifies
15for funding under this section, the trail shall be all of the following:
SB265,4,1716 1. Constructed, maintained, signed, and used primarily for activities that do
17not involve travel by means of a motorized vehicle.
SB265,4,2018 2. A developed trail that, for the total distance that it runs parallel to an
19roadway improved for vehicular traffic, is not physically connected to the roadway
20for the majority of that total distance.
SB265,4,2321 (b) The fact that a trail is open to use by snowmobiles or by motorized vehicles
22that enhance the accessibility of a trail for individuals with physical disabilities may
23not be used to disqualify a trail for funding under this section.
SB265,5,3
1(4) Entities eligible for funding. (a) The department may use funding under
2this section for nonmotorized trails that are under the jurisdiction of the department
3or another state agency.
SB265,5,54 (b) The following entities shall be eligible recipients for funding under the
5program:
SB265,5,76 1. A nonprofit organization for nonmotorized trails that owns or has
7responsibility to maintain a nonmotorized trail.
SB265,5,108 2. An organization or volunteer group that has a formal agreement with a
9nonprofit organization for nonmotorized trails to maintain a nonmotorized trail
10owned by the nonprofit organization for nonmotorized trails.
SB265,5,1111 3. A local governmental unit that has jurisdiction over a nonmotorized trail.
SB265,5,1412 4. An organization or volunteer group that has a formal agreement with a local
13governmental unit to maintain a nonmotorized trail under the jurisdiction of the
14local governmental unit.
SB265,5,2115 (c) Any nonmotorized trail for which funding is provided under this section
16shall be open to the public. In determining whether a nonmotorized trail for the use
17of which a fee is charged is open to the public, the department shall review the fee
18to determine whether the fee is reasonable. A fee is reasonable if it is not more than
19the corresponding fee established under s. 27.01 (8) (c) to use the state trail system,
20except that a higher fee may be determined to be reasonable if the specific use of the
21nonmotorized trail requires a higher level of maintenance.
SB265,6,8 22(5) Trail design and maintenance standards; coordination with trail plans.
23The department shall prepare comprehensive statewide best practice standards
24relating to designing and maintaining nonmotorized trails. The standards shall
25include methods for construction of a nonmotorized trail so as to reduce overall

1maintenance costs for the trail and shall include methods to reduce adverse
2environmental effects of the trail. The department shall coordinate the standards
3with the standards contained in any plans prepared for the state trail system and
4with any relevant plans prepared for local trails. The department shall develop the
5standards under this subsection as soon as possible after the effective date of this
6subsection .... [LRB inserts date], and shall revise the standards periodically, as
7necessary, to address issues that arise and that relate to the maintenance and use
8of nonmotorized trails.
SB265,6,14 9(6) Priority system for maintenance activities. (a) The department shall
10evaluate on a statewide basis the maintenance needs for all nonmotorized trails that
11are eligible for funding under this section and shall establish a priority system for
12the allocation of funding for maintenance under this section, based on the type of
13maintenance necessary and the urgency of the maintenance, and the type of trail
14involved.
SB265,6,1915 (b) In developing the priority system under par. (a), the department shall
16consider the types of nonmotorized trails listed in this paragraph, as well as any
17other nonmotorized trails that have critical and substantial maintenance needs. The
18department is not required to use the order of the subdivisions in this paragraph in
19developing its priority list. The priority list shall include all of the following:
SB265,6,2020 1. Connecting trails.
SB265,6,2321 2. Trails with substantial commuter potential, such as those near population
22centers, those located in or near neighborhoods with access to trails, and those
23located along highways that lead to workplaces.
SB265,6,2424 3. Trails that are near to tourist activities.
SB265,6,2525 4. Trails with substantial existing use and expected increase in use.
SB265,7,1
15. Longer trail segments.
SB265,7,22 6. Trails that allow for more than one nonmotorized trail use on the same trail.
SB265,7,33 7. Water trails.
SB265,7,44 8. Equestrian trails.
SB265,7,55 9. Long-distance hiking trails.
SB265,7,66 10. Recreational trails that are part of a larger park or green space.
SB265,7,77 11. Cross-country ski trails.
SB265,7,128 (c) In developing the priority system under par. (a), the department shall
9consider the maintenance needs for nonmotorized trails listed in this paragraph, as
10well as any other related maintenance issues. The department is not required to use
11the order of the subdivisions in this paragraph in developing its priority list. The
12priority list shall include all of the following:
SB265,7,1413 1. Routine maintenance of trails, including the trail surface and the facilities
14associated with the trail.
SB265,7,1615 2. Maintenance, which may include reconstruction, that will improve user
16experience and safety or that will allow subsequent maintenance to be deferred.
SB265,7,1817 3. Maintenance needed due to damage caused by use of the trail by
18unauthorized trail users.
SB265,7,2019 4. Maintenance needed due to damage caused by erosion or by other natural
20causes.
SB265,7,2121 5. Maintenance of facilities, including those located at trailheads.
SB265,7,2322 6. Maintenance, which may include reconstruction, that is necessary due to the
23changing uses of trails.
SB265,7,2524 7. Maintenance of trails that have multiseason uses, including snow removal
25for trails that serve commuters.
SB265,8,1
18. Maintenance that conforms with the standards prepared under sub. (5).
SB265,8,6 2(7) Priority system for use enhancement activities. (a) The department shall
3evaluate on a statewide basis the need for facilities associated with nonmotorized
4trails that are eligible for funding under this section and the methods available for
5assisting individual trail users, and shall establish a priority system for the
6allocation of funding for enhancement use under this section.
SB265,8,117 (b) In developing the priority system under par. (a), the department shall
8consider the trail use issues relating to nonmotorized trails that are listed in this
9paragraph, as well as any other trail use issues. The department is not required to
10use the order of the subdivisions in this paragraph in developing its priority list. The
11priority list shall include:
SB265,8,1212 1. Making trails and trail facilities accessible.
SB265,8,1313 2. Providing for cross-country ski trail grooming.
SB265,8,1514 3. Modifying bicycle trail surfacing to make it more appropriate for the type of
15bicycling on that trail.
SB265,8,1616 4. Providing parking for trail users.
SB265,8,1917 5. Providing information to trail users by conducting, and publishing the
18results of, research on trail usage and by providing maps, pamphlets, information on
19the Internet, directional signs, and informational signs.
SB265,8,2320 6. Conducting educational and promotional activities regarding trail use, such
21as promoting a "bike to work week" and informing the public regarding issues of
22safety and courtesy and regarding the location of trails and trail facilities and the
23hours that they are open.
SB265,8,2524 7. Enhancing water trails, including construction and maintenance of
25portages, primitive campsites, and directional signs.
SB265,9,1
18. Modifications to trails to allow for multiple uses.
SB265,9,3 2(8) Use of funding. (a) In administrating the program established under this
3section, the department shall determine:
SB265,9,54 1. The amount of funding to be allocated between maintenance activities and
5use enhancement.
SB265,9,66 2. The amount of funding to be provided to eligible recipients.
SB265,9,97 3. The amount of required cost sharing, and the circumstances in which
8funding may be provided without a cost-share requirement being imposed on an
9eligible recipient.
SB265,9,1110 4. The maximum funding available to the department for state trails under its
11jurisdiction in any fiscal year.
SB265,9,1312 5. The terms and conditions for receipt of funding by an eligible recipient under
13this section.
SB265,9,1614 6. A methodology under the program for assuring a reasonable year-to-year
15consistency in the amounts provided to eligible recipients, if the department finds
16that such consistency is appropriate.
SB265,9,1717 7. The timing and frequency of funding payments.
SB265,9,1918 8. The extent to which eligible recipients must conform their maintenance
19activities with the standards prepared under sub. (5).
SB265,9,2120 9. The conditions applicable to an organization or a volunteer group that
21receives funding as an eligible recipient under sub. (4) (b) 3. or 5.
SB265,9,2322 (b) Funding under the program may not include costs or reimbursement for
23any of the following:
SB265,9,2424 1. Equipment.
SB265,9,2525 2. Law enforcement activities on a trail.
SB265,10,2
13. Administrative or other overhead costs, except as specifically allowed by the
2department as part of the eligible recipient's cost-sharing.
SB265,10,83 (c) The department may not provide funding to an eligible recipient under this
4section unless the eligible recipient agrees to spend for maintenance of nonmotorized
5trails, in the fiscal year in which the eligible recipient receives the funding, an
6amount that is at least equal to the average amount that the eligible recipient spent
7from other funding sources on maintenance of nonmotorized trails in the previous
82 fiscal years.
SB265,10,129 (d) The department shall prepare an annual report summarizing the
10distribution of funding to eligible recipients under the program and shall submit the
11report the chief clerk of each house of the legislature for distribution to the
12legislature under s. 13.172 (2).
Note: Creates the nonmotorized trails maintenance and use program in DNR.
Funding for this program is from the conservation fund, consisting of moneys transferred
from the transportation fund. The funding for each fiscal year is $10 million or 1% of the
motor vehicle fuel tax collections each fiscal year, whichever is less.
DNR is directed to implement the program by promulgating rules necessary for the
program and for distributing the funds for trail maintenance and use. The funds are
distributed directly to state agencies and to local governmental units and to nonprofit
organizations for nonmotorized trails. The bill establishes a basic structure that focuses
primarily on the priorities for expenditure of trail maintenance and use funds.
Funding under the nonmotorized trail program is available to, among others, "local
governmental units", which is defined in the bill as a city, village, town, county or a special
purpose district. "Special purpose district" does not have a specific defined content, but
includes such entities as lake districts, sewer and water districts, school districts,
technical college districts, and drainage districts. To the extent that these special purpose
districts own and maintain trails, they will be eligible for funding under the program.
The extensive lists of priorities and issues in the program are intended to give a
sense of the urgency and necessity of a nonmotorized trail maintenance and use program
to ensure the continued viability of the nonmotorized trails in this state. However, the
program is open-ended and allows DNR to identify additional priorities and issues
related to maintenance and use of nonmotorized trails, and to incorporate them into the
program.
SB265, s. 4 13Section 4. 25.29 (1) (dr) of the statutes is created to read:
SB265,11,214 25.29 (1) (dr) For fiscal year 2009-10 and for each fiscal year thereafter, an
15amount equal to the nonmotorized trail transfer payment. The nonmotorized trail

1transfer payment is equal to one percent of the amount of the motor vehicle fuel tax
2collected under s. 78.01 for the prior fiscal year, or $10,000,000, whichever is less.
Note: Provides that the conservation fund includes the moneys transferred from
the transportation fund for the trail maintenance and use program. See the Notes to ss.
20.370 (5) (cz) and 20.855 (4) (v), stats., created by this bill.
SB265, s. 5 3Section 5. 25.29 (1r) of the statutes is created to read:
SB265,11,94 25.29 (1r) There is established in the conservation fund a separate account that
5is designated the nonmotorized trail account, that consists of the moneys paid into
6the conservation fund under s. 20.855 (4) (v). No moneys that are deposited in the
7nonmotorized trail account in the conservation fund may be transferred from the
8nonmotorized trail account to any other fund or appropriation account in any other
9fund.
Note: Section 25.29 (1r):
1. Creates a separate account within the conservation fund which is designated
the nonmotorized trail account. This account consists of the moneys for trail maintenance
and use from the transportation fund.
2. Specifies that no moneys that are deposited in the separate nonmotorized trail
account may be transferred from this separate account to any other fund or appropriation
account in any other fund.
SB265, s. 6 10Section 6. 25.40 (3) (b) 17. of the statutes is created to read:
SB265,11,1211 25.40 (3) (b) 17. Transfers to the nonmotorized trail account in the conservation
12fund.
Note: This provision provides an exemption from the restriction on transferring
funds from the transportation fund to any other appropriation or fund.
SB265, s. 7 13Section 7. 227.01 (13) (zzb) of the statutes is created to read:
SB265,11,1514 227.01 (13) (zzb) Relates to nonmotorized trail design and maintenance
15standards under s. 23.176 (5).
Note: Provides that DNR is not required to promulgate nonmotorized trail design
and maintenance standards as administrative rules.
SB265, s. 8 16Section 8. Nonstatutory provisions.
SB265,12,5
1(1) Administration of nonmotorized trail maintenance and use program. The
2authorized FTE positions for the department of natural resources are increased by
31.0 SEG positions on July 1, 2011, to be funded from the appropriation under section
420.370 (5) (cz) of the statutes, as created by this act, for the purpose of administering
5the nonmotorized trail maintenance and use program.
Note: Authorizes a full-time equivalent position for the DNR to administer the
nonmotorized trail maintenance and use program.
SB265,12,66 (End)
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