ATCP 50.28 Note
Note: The department normally awards grants under this chapter only to counties. But under s.
92.14 (10), Stats., the department may also award grants to other persons for information, education, training and other services related to the administration of this chapter.
ATCP 50.28(2)(a)(a) The department shall prepare an annual grant allocation plan under
sub. (1) for each calendar year. The department shall prepare the plan with DNR after reviewing county grant applications under
s. ATCP 50.26.
ATCP 50.28 Note
Note: The department and DNR must prepare a joint grant allocation plan under ss.
92.14,
281.65 and
281.66, Stats. DATCP will prepare its portion of the joint allocation plan according to this section. DATCP and DNR will jointly submit their portions of the annual grant allocation plan to the LWCB for its recommendations. The DATCP and DNR secretaries will then approve their agencies' respective portions of the joint plan. Although neither agency is legally empowered to veto or modify the other agency's portion of the plan, the agencies will strive for agreement on the joint plan.
ATCP 50.28(2)(b)
(b) The department shall do all of the following before the department adopts an annual grant allocation plan:
ATCP 50.28(2)(b)1.
1. Provide a preliminary draft plan to DNR, the LWCB and every county land conservation committee.
ATCP 50.28 Note
Note: The department will normally provide a preliminary draft plan to DNR, the LWCB and the county land conservation committees by August 1 of the year preceding the calendar year to which the plan applies.
ATCP 50.28(2)(b)2.
2. Obtain LWCB recommendations on the annual grant allocation plan, as required under s.
92.14 (6) (b) and
(d), Stats. At least 30 days before the department obtains the LWCB's final recommendations, the department shall provide to DNR, the LWCB and every county land conservation committee a copy of the draft plan on which the department seeks the LWCB's final recommendations.
ATCP 50.28 Note
Note: If the department makes material revisions to the preliminary draft plan before seeking final LWCB recommendations, the department will re-issue the revised draft at least 30 days before the LWCB makes its recommendations.
ATCP 50.28(2)(c)
(c) The department shall adopt an annual grant allocation plan by December 31 of the year preceding the calendar year to which the plan applies. The final plan may include changes recommended by the LWCB, as well as updated estimates of project costs. The department shall provide copies of the allocation plan to DNR, the LWCB and every county land conservation committee. The department shall report to the LWCB any changes that the department makes to the allocation plan recommended by the LWCB.
ATCP 50.28(3)
(3) Ineligible counties. The department may not award a county grant under this chapter if any of the following apply:
ATCP 50.28 Note
Note: The department may reduce or withhold funding to counties that fail to file timely grant applications or reports, or fail to comply with other requirements under this chapter. See ss.
ATCP 50.18 (2),
50.30 (3) and
50.36 (3).
ATCP 50.28(4)
(4) Grant priorities. When preparing an annual grant allocation plan under
sub. (1), the department shall consider the grant priorities under
s. ATCP 50.30.
ATCP 50.28(5)(a)(a) The department may revise an annual grant allocation plan after it adopts that plan under
sub. (1). The secretary shall approve every plan revision. A revision may do any of the following:
ATCP 50.28(5)(a)1.
1. Extend county funding for landowner cost-share contracts funded but not completed in the preceding grant year, provided that the cost-share contracts were signed by December 31 of the preceding grant year. Extensions shall comply with
s. ATCP 50.34 (6).
ATCP 50.28 Note
Note: The department will normally grant funding extensions under subd. 1. by April 30 of each grant year, based on county extension requests filed by December 31 of the preceding grant year. See s.
ATCP 50.34 (6). Staffing grants may not be extended into the next calendar year.
ATCP 50.28(5)(a)2.
2. Increase the total grant to any county. The department shall give all counties notice and equal opportunity to compete for funding increases other than extensions under
subd. 1.
ATCP 50.28(5)(a)4.
4. Reallocate a county's annual grant between grant categories, to the extent authorized by law and with the county's agreement.
ATCP 50.28 Note
Note: The department will not prepare an environmental assessment on a plan revision unless the revision materially alters the original environmental assessment. The department will not ordinarily prepare an environmental assessment on a plan revision consisting solely of contract funding extensions under par. (a) 1.
ATCP 50.28(5)(b)
(b) The department shall do all of the following before it revises an annual grant allocation plan under
par. (a):
ATCP 50.28(5)(b)1.
1. Give written notice, and a copy of the proposed revision, to the LWCB, DNR and every county land conservation committee. The notice shall clearly identify and explain the proposed revision.
ATCP 50.28 Note
Note: For funding extensions under par. (a) 1., the department's notice will indicate the total number and dollar value of extensions requested and granted, by county and for the state as a whole. If the department plans to deny any extension requests, the department will explain why. The department will keep a record identifying each uncompleted landowner contract for which funding is extended, and the amount of funding extended for each specified contract, but will not publish that record with its notice.
ATCP 50.28(6)
(6) Distributing grant funds. The department shall enter into a grant contract under
s. ATCP 50.36 with each grant recipient identified in the grant allocation plan. The contract shall conform to the allocation plan signed by the secretary. The department shall pay out grant funds according to this chapter and the grant contract.
ATCP 50.28 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 08-075: am. (5) (a) 1.
Register April 2009 No. 640, eff. 5-1-09.
ATCP 50.30
ATCP 50.30
Grant priorities. When preparing an annual grant allocation plan under
s. ATCP 50.28, the department shall consider all of the following:
ATCP 50.30(1)
(1) County priorities. The department shall give high priority to maintaining county staff and project continuity. The department shall consider county priorities identified in the county grant application under
s. ATCP 50.26 and in the county's approved land and water resource management plan under
s. ATCP 50.12.
ATCP 50.30(2)
(2) Statewide priorities. The department may give priority to county projects that address statewide priorities identified by the department and DNR. These may include:
ATCP 50.30 Note
Note: The list of waters under par. (a) is also known as the "303(d) list of impaired waters."
ATCP 50.30(2)(b)
(b) Farms for which the rate of cropland erosion is more than twice T-value.
ATCP 50.30(2)(c)
(c) Farms discharging substantial pollution to waters of the state.
ATCP 50.30(3)
(3) Other factors. The department may consider the following factors when determining grant allocation priorities:
ATCP 50.30(3)(a)
(a) A county's demonstrated commitment to implementing the approved land and water resource management plan under
s. ATCP 50.12, and the strength of the documentation supporting that plan.
ATCP 50.30(3)(b)
(b) A county's demonstrated commitment to implementing the farm conservation practices required under
s. ATCP 50.04.
ATCP 50.30(3)(c)
(c) The likelihood that funded activities will address and resolve high priority problems identified in approved county land and water resource management plans.
ATCP 50.30(3)(d)
(d) The relative severity and priority of the soil erosion and water quality problems addressed.
ATCP 50.30(3)(e)
(e) The relative cost-effectiveness of funded activities in addressing and resolving high priority problems.
ATCP 50.30(3)(f)
(f) The extent to which funded activities are part of a systematic and comprehensive approach to soil erosion and water quality problems.
ATCP 50.30(3)(g)
(g) The timeliness of county grant applications and annual reports.
ATCP 50.30(3)(h)
(h) The completeness of county grant applications and supporting data.
ATCP 50.30(3)(i)
(i) A county's demonstrated cooperation and commitment, including its commitment of staff and financial resources.
ATCP 50.30(3)(j)
(j) A county's demonstrated ability to manage and implement funded projects.
ATCP 50.30(3)(k)
(k) The degree to which funded projects contribute to a coordinated soil and water resource management program and avoid duplication of effort.
ATCP 50.30(3)(L)
(L) The degree to which funded projects meet county soil and water resource management needs and state program requirements.
ATCP 50.30(3)(m)
(m) The degree to which county activities are consistent with the county's approved land and water resource management plan.
ATCP 50.30(3)(o)
(o) Other factors relevant to the administration of this chapter.
ATCP 50.30 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.32
ATCP 50.32
Annual staffing grants to counties. ATCP 50.32(1)(1)
General. The department shall award an annual staffing grant to the county land conservation committee in each eligible county. With the department's written permission, a county conservation committee may reallocate staffing grant funds to another agency of the county, or to a city, village, town, county drainage board, lake district or tribe operating in the county.
ATCP 50.32 Note
Note: The department may award annual staffing grants from applicable appropriations under s.
20.115 (7), Stats. The department may not use bond revenue funds for county staffing grants.
ATCP 50.32(2)
(2) Grant contract. The department shall distribute an annual staffing grant under
sub. (1) according to an annual grant contract with the county. The contract shall comply with
s. ATCP 50.36 and shall include all of the following:
ATCP 50.32(2)(c)
(c) Grant terms and conditions, including conditions required under this section.
ATCP 50.32 Note
Note: Grant contracts, including grant amounts and fund sources, must conform to the grant allocation plan under s.
ATCP 50.28. Bond revenues may not be used for staffing grants.
ATCP 50.32(3)
(3) Use of annual staffing grants; general. A county may use an annual staffing grant under
sub. (1) in the year for which the grant is made. The county may use the grant for any of the following purposes, subject to the terms of the grant contract:
ATCP 50.32(3)(a)
(a) Employee salaries, employee fringe benefits and contractor fees for county employees and independent contractors performing soil and water resource management activities for the county land conservation committee.
ATCP 50.32 Note
Note: Soil and water resource management activities may include activities under this chapter and the CREP program, activities related to "priority watersheds" under ch.
NR 120, and activities related to DNR notices of discharge under ch.
NR 243.
ATCP 50.32 Note
A county may contract with engineers, nutrient management planners, computer specialists, information and education specialists, consultants and other independent contractors to work on behalf of the county land conservation committee. A county may use annual staffing grant funds to pay for the services of these independent contractors.
ATCP 50.32(3)(b)
(b) Training for county employees and land conservation committee members.
ATCP 50.32(4)
(4) Staff support costs. An annual staffing grant may pay for any of the following county employee support costs identified in the grant application:
ATCP 50.32(4)(a)
(a) Mileage expenses at the state rate. A staffing grant may not be used to lease or purchase a vehicle.
ATCP 50.32(4)(b)
(b) Personal computers, software, printers and related devices.
ATCP 50.32(4)(c)
(c) A proportionate share of the costs for required financial and compliance audits.
ATCP 50.32(4)(d)
(d) Costs for information and education materials, newsletters, office supplies, maps and plats, photocopying, printing and postage. This does not include rent or capital expenditures.
ATCP 50.32(4)(e)
(e) Other staff support costs that the department identifies, in the grant application form, as being reimbursable for all counties.
ATCP 50.32(5)(a)(a) The department may award different grant amounts to different counties under
sub. (1), based on a consideration of factors identified in
s. ATCP 50.30.
ATCP 50.32 Note
Note: Subject to the availability of funds, the department will normally offer each county at least the minimum staffing grant amount required in par. (b). Additional staffing grant amounts, if any, may be based on the county's annual financial contribution as last reported under s.
ATCP 50.18 (1) (c). But the department may also consider other factors under s.
ATCP 50.30. The department has legal discretion to adjust grant awards from year to year, based on any of those factors.
ATCP 50.32(5)(b)
(b) Subject to the availability of funds, the department shall annually offer to each eligible county at least the greater of the following:
ATCP 50.32(5)(b)2.
2. The amount awarded to that county under the 2001 allocation plan for staffing related to DNR priority watershed projects under NR 120, less any amounts awarded to that county under the 2001 allocation plan for staffing related to priority watershed projects that have subsequently closed.
ATCP 50.32 Note
Note: See Appendix F for scheduled closing dates of priority watershed projects, determined as of October 6, 1998.
ATCP 50.32(6)(a)(a) The department shall make grant payments under
sub. (1) on a reimbursement basis. The department shall pay reimbursement within 30 days after the county land conservation committee files a valid reimbursement request under
sub. (7). The department shall pay reimbursement, at the rate provided under
sub. (8), on reimbursable expenditures identified in the reimbursement request. Total payments may not exceed the total grant award under
sub. (1).
ATCP 50.32(6)(b)
(b) The department may reimburse eligible costs that are incurred during the grant year and paid by January 31 of the year following the grant year. The department may not reimburse any costs incurred after December 31 of the grant year, or paid after January 31 of the following year. Unspent funds remain with the department, for distribution under a future annual allocation plan.
ATCP 50.32(6)(c)
(c) If a county redirects the unused portion of an annual staffing grant for cost-share payments to landowners, as provided in
sub. (11), the department shall reimburse county cost-share payments to landowners according to
s. ATCP 50.34.
ATCP 50.32(7)(a)(a) To obtain a reimbursement payment under
sub. (6) (a), a county land conservation committee shall file a reimbursement request on a form provided by the department. A county may file a reimbursement request on or after July 1 for costs incurred before July 1. A county may file a second reimbursement request for costs incurred on or after July 1. A county may file no more than 2 reimbursement requests, and shall file all reimbursement requests by February 15 of the year following the grant year.
ATCP 50.32(7)(b)
(b) The county's chief financial officer shall sign each reimbursement request. The request shall certify that the county has fully paid the costs for which the county seeks reimbursement, and that those costs are eligible for reimbursement under this chapter and the grant contract.
