Rep. Tony Kurtz testifies on his proposed legislation to reauthorize the Knowles-Nelson Stewardship Grant program. (Henry Redman | Wisconsin Examiner)

Organizations representing wildlife, land conservation and local governments testified Wednesday at a public hearing to push for the passage of a Republican bill to reauthorize the Knowles-Nelson Stewardship Grant program while advocating for a number of amendments to the bill’s text. 

The proposal’s authors, Rep. Tony Kurtz (R-Wonewoc) and Sen. Patrick Testin (R-Stevens Point), say the current version of the bill is a starting point for negotiations. Without a deal, the 35-year-old program will lapse despite its popularity among voters. 

The challenge for legislators is that despite overwhelming public support for land conservation, a subset of the Republican members of the Legislature have grown opposed to the grant program. In their view, the grant program allows land to be taken off the local property tax roll and blocks  commercial development. 

That opposition has grown stronger since the Wisconsin Supreme Court ruled in a 6-1 decision last year that the Legislature’s Republican-controlled Joint Finance Committee’s authority to place anonymous holds on stewardship grant projects is unconstitutional. 

Kurtz has said that without returning some level of legislative oversight, the Republican opposition to the program won’t get on board with reauthorizing it. But the bill also needs to be palatable to Democratic Gov. Tony Evers so that he will sign it and any Republican opposition to the bill could make the votes of Democratic legislators more important. 

In an effort to recruit  Republican holdouts, the bill includes a provision that requires the Department of Natural Resources (DNR) to submit a list to the Legislature each January of any major land acquisitions costing more than $1 million the department plans to purchase with stewardship funds that year. The Legislature would then need to approve each proposed project in a piece of legislation and provide the required appropriation. 

To gain the support of environmental groups, the bill allows stewardship dollars to be used for the first time to fund habitat restoration projects. 

Following a recent trend of Republican-authored legislation, the bill separates the policy changes to the program from the budget appropriation to fund it in an attempt to sidestep Evers’ partial veto pen. 

Charles Carlin, the director of strategic initiatives at non-profit land trust organization Gathering Waters, said in his testimony at the hearing Wednesday that the bill’s authors had to “try and thread a challenging political path towards reauthorization.” 

At the hearing, testifying members of the public mainly highlighted two areas for improvement on the bill — clarifying how the DNR should prioritize habitat restoration, facility upkeep and land acquisition in award grants and more clearly laying out how the legislative approval process for major land acquisitions will work. 

As currently written, the bill would require the DNR to prioritize property development over land acquisition projects. 

Brian Vigue, freshwater policy director for Audubon Great Lakes, said those types of grants are so different that they should be considered separately. 

“Because habitat management projects are so different from land acquisition projects, it really will make it difficult for the DNR to determine which of the two types of grant applications would have priority over the other,” he said. “It’s kind of an apples to oranges comparison to make so I think a practical solution to this challenge is to create a separate appropriation for wildlife habitat grants.” 

A number of organizations testifying called for more direct language outlining how the legislative oversight process will work, such as binding timelines for when the Legislature must consider the projects on the DNR list, clear guidelines for how projects will be evaluated and quickly held votes on project approval. 

Representatives of organizations that work to purchase private land and conserve it through conservation easements or deals with the state said that the opportunities to purchase a piece of land and save it for future enjoyment by the broader public come rarely and that those real estate transactions can often be complicated and take a long time. If a deal is largely in place except for the required legislative approval — which could potentially take years or never even come up for a vote — landowners might be unwilling to participate in the process. 

“Opportunities to provide such access sometimes only come once in a generation,” said Tony Abate, conservation director at Groundswell Conservancy, a non-profit aimed at conserving land in south central Wisconsin. “We are concerned with the funding threshold and the logistics of the proposed major land acquisition program. Real estate near population centers is expensive, and we often compete with non-conservation buyers to secure farmland or recreational lands.”

Abate said that of the conservancy’s 16 current projects, four would surpass the $1 million threshold and require legislative approval. He suggested raising the threshold to $5 million.

Carlin, with Gathering Waters, said the provision as currently written could indefinitely delay projects. 

“We appreciate legislators’ concerns with oversight, and we welcome discussion about how to provide effective and efficient oversight,” he said. “Unfortunately, the current proposal lacks defined timelines, transparent evaluation processes or mechanisms to require timely votes. Without these elements, worthy conservation projects could languish indefinitely. So we would ask that any review process include binding timelines, transparent project evaluation and timely votes to ensure strong oversight while maintaining predictability for applicants.”

At the hearing, members of the committee asked few questions of the testifying groups and members of the public. Democrats on the committee pushed more than once to make sure they see the partner bill providing the money for the program before voting on the policy changes. 

All of the testimony at the hearing Wednesday was either to provide information only to the legislators or in favor of the bill. The committee received one written comment against the bill’s passage, from the Wisconsin Bear Hunters’ Association.

Republicans on the Legislature's Joint Finance Committee rejected a funding request from the City of Ashland to build a new boat launch at Kreher Park. (City of Ashland)

A pair of Republican lawmakers has introduced legislation that would re-authorize the Knowles-Nelson Stewardship Grant program, a popular program that allows the state Department of Natural Resources (DNR) to fund the purchase of public land and the upkeep of recreational areas. 

The decades-old program is set to expire next year and despite its bipartisan support among the state’s voters, a subset of Republicans in the Legislature — largely from the northern part of the state — have become increasingly opposed to the program due to concerns that it stops land from being developed for commercial activities. 

Until a 6-1 decision by the Wisconsin Supreme Court last summer, members of the Legislature’s powerful Joint Finance Committee had the ability to place anonymous holds on proposed grants through the program, which resulted in many projects being delayed or prevented altogether. Without that ability, Republicans who were already wary of the program became more opposed because of what they characterize as a lack of legislative oversight. Proponents of the program say the Legislature exercises oversight through the budget writing process when it allocates funding for the program. 

In recent years, the Knowles-Nelson Stewardship program has received $33 million annually in the state budget. In his budget request this year, Democratic Gov. Tony Evers proposed re-authorizing the program with a $100 million annual budget. Republicans stripped that provision out of the budget along with most of Evers’ other proposals. 

Last week, Rep. Tony Kurtz (R-Wonewoc) and Sen. Patrick Testin (R-Stevens Point) introduced a bill that would keep the program alive with $28 million in annual funding. The bill would also create a major land acquisitions program for stewardship grant awards which would require the DNR to annually submit a list of all its proposed land acquisitions costing more than $1 million for that year. 

Those acquisitions would need to be approved by votes of the full Legislature. 

Additionally, the bill would create a sub-program to use stewardship grant funds for habitat restoration projects, require the DNR to prioritize projects that develop already existing public lands over new land acquisition, require local governments to match 20% of the state funding, get rid of the current 10-acre minimum size requirement and limit the state’s contribution to 40% of the total cost if the sale of a piece of land is already closed when stewardship funds are applied for. 

In a co-sponsorship memo, Kurtz and Testin, who did not respond to requests for an interview about the bill, said the initial proposal is meant to be the start of negotiations, not the final version of the bill. 

“It’s important to note what we’re proposing is not an agreed upon deal,” the memo states. “It’s a first offer to provide a starting place for negotiations on this important program. It’s very likely the bill will continue to change during the legislative process, but it’s important to put something forward to allow feedback, have open-minded conversations and ultimately find a good place to ensure the Knowles-Nelson Stewardship Program’s legacy continues.” 

At a meeting with the Wisconsin chapter of the Audubon Society in April, Kurtz said the program was on “life support” and he was trying to save it from dying but any bill would need to put some oversight on the DNR in order to receive enough Republican support. 

The opposition to the stewardship program from a subset of the Republican caucus in both chambers means the bill might require Democratic votes to pass the Legislature and reach Evers’ desk. 

Sen. Jodi Habush Sinykin (D-Whitefish Bay) has spent months pushing for the program’s reauthorization – often pointing to a stewardship grant project in her district that was subjected to an anonymous hold, the Cedar Gorge Clay Bluffs on Lake Michigan. She said the hold on that project angered a lot of her constituents of both parties. 

“That really got people upset,” she told the Wisconsin Examiner. “People would not at all want to see a reenactment in any fashion of that anonymous objection process.” 

Habush Sinykin said that she’s closely watching the bill to make sure it protects a program that enjoys wide support outside of the Capitol building and will stir up significant opposition if it’s allowed to die. 

“Once people understand that this program is at risk, they are coming forward to express their opposition to any permanent damage to the program,” she said. “And so what we are engaged in right now is this process to keep it going forward, and there is going to be ongoing negotiation, because the devil is in the details. We need to make sure that what is one step forward will not ultimately be two steps backward.” 

Charles Carlin, director of strategic initiatives for Gathering Waters, a non-profit aimed at land conservation across Wisconsin, said that Kurtz and Testin should be credited for working to get the conversation started and provisions in the bill like the habitat restoration program. But he added that there are still a lot of questions about how provisions such as the requirement for legislative approval will work. 

“I think part of what they are trying to balance here is a recognition that this is an incredibly popular program with voters, while trying to balance that against the fact that there are a handful of legislators who are deeply skeptical of the DNR and deeply skeptical of additional investments in conservation,” he said. “So I see that major land acquisitions component as a way for them to try and balance those competing interests. The way that that major land acquisitions program is currently described in the bill just leaves a lot of question marks.”  

The bill is set to receive a public hearing in the Assembly Committee on Forestry, Parks and Outdoor Recreation Wednesday at 11 a.m.