AB 852

This bill allows an entity that has acquired property with the use of a grant

under the Warren Knowles-Gaylord Nelson Stewardship 2000 Program to sell,

transfer, or convert the use of that property under certain circumstances.

Current law authorizes the state to incur public debt for certain conservation

activities under the stewardship program, which is administered by the Department

of Natural Resources. The state may incur this debt to acquire land for the state for

conservation purposes and for property development activities and may award

grants to others to acquire land for these purposes. As part of the stewardship

program, DNR may award the following grants:

1. To nonprofit conservation organizations to acquire property for conservation

purposes (“NCO grant”).

2. To counties to acquire property for a county forest or for a project that

promotes nature-based outdoor recreation or conservation and for which DNR is

requesting the county's assistance (“county forest grant”).

3. To a city, village, town, county, lake sanitary district, public inland lake

protection and rehabilitation district, or the Kickapoo reserve management board to

acquire property for urban green space (“urban green space grant”).

4. To a city, village, town, county, or the Kickapoo reserve management board

to acquire property for nature-based outdoor recreation purposes (“local parks

grant”).

Under current law, a recipient of an NCO grant must enter a contract with DNR

(“NCO contract”) that contains standards for the management of the property, a

prohibition against using the property as security for any debt without DNR

approval, a prohibition against closing the property to the public unless DNR

determines it is necessary to protect wild animals, plants, or other natural features,

and a clause that any subsequent sale or transfer of the property is restricted by law.

Current law restricts the circumstances under which property acquired with an

NCO grant may be sold or transferred. Current law allows an NCO to sell or transfer

property it acquired with an NCO grant to a third party other than a creditor if DNR

approves the sale or transfer and the buyer enters into a new NCO contract with

DNR. In addition, current law allows an NCO to sell or transfer property acquired

with an NCO grant to satisfy a debt or other obligation with DNR approval.

Current law restricts a county from converting land, or rights in land, acquired

with a county forest grant to a use that is inconsistent with the type of nature-based

outdoor recreation or conservation activity for which the grant was awarded unless

the Natural Resources Board approves the conversion. The bill changes the

approving authority to DNR.

Current law states that DNR must specify what purpose the recipient of an

urban green space grant may use the land or rights in the land acquired with the

grant, and the recipient may not convert the land or rights in the land to a use that