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8. Equestrian trails.
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9. Long-distance hiking trails.
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10. Recreational trails that are part of a larger park or green space.
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11. Cross-country ski trails.
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(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:
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1. Routine maintenance of trails, including the trail surface and the facilities
14associated with the trail.
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2. Maintenance, which may include reconstruction, that will improve user
16experience and safety or that will allow subsequent maintenance to be deferred.
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3. Maintenance needed due to damage caused by use of the trail by
18unauthorized trail users.
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4. Maintenance needed due to damage caused by erosion or by other natural
20causes.
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5. Maintenance of facilities, including those located at trailheads.
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6. Maintenance, which may include reconstruction, that is necessary due to the
23changing uses of trails.
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7. Maintenance of trails that have multiseason uses, including snow removal
25for trails that serve commuters.
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18. Maintenance that conforms with the standards prepared under sub. (5).
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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.
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(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:
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1. Making trails and trail facilities accessible.
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2. Providing for cross-country ski trail grooming.
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3. Modifying bicycle trail surfacing to make it more appropriate for the type of
15bicycling on that trail.
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4. Providing parking for trail users.
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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.
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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.
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7. Enhancing water trails, including construction and maintenance of
25portages, primitive campsites, and directional signs.
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18. Modifications to trails to allow for multiple uses.
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2(8) Use of funding. (a) In administrating the program established under this
3section, the department shall determine:
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1. The amount of funding to be allocated between maintenance activities and
5use enhancement.
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2. The amount of funding to be provided to eligible recipients.
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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.
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4. The maximum funding available to the department for state trails under its
11jurisdiction in any fiscal year.
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5. The terms and conditions for receipt of funding by an eligible recipient under
13this section.
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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.
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7. The timing and frequency of funding payments.
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8. The extent to which eligible recipients must conform their maintenance
19activities with the standards prepared under sub. (5).
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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.
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(b) Funding under the program may not include costs or reimbursement for
23any of the following:
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1. Equipment.
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2. Law enforcement activities on a trail.
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13. Administrative or other overhead costs, except as specifically allowed by the
2department as part of the eligible recipient's cost-sharing.
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(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.
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(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.
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13Section
4. 25.29 (1) (dr) of the statutes is created to read:
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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.
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3Section
5. 25.29 (1r) of the statutes is created to read:
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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.
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10Section
6. 25.40 (3) (b) 17. of the statutes is created to read:
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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.
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13Section
7. 227.01 (13) (zzb) of the statutes is created to read:
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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.
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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.
