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.
ATCP 50.32(7)(c)
(c) A reimbursement request shall specify the nature and amount of costs on which the county seeks reimbursement. If the county seeks reimbursement of employee salaries, employee fringe benefits or independent contractor fees, the request shall specify all of the following for that employee or independent contractor:
ATCP 50.32(7)(c)1.
1. The position number of the employee, or the contract number of the independent contractor.
ATCP 50.32(7)(c)2.
2. The total amount of salaries and fringe benefits, or the total amount of contractor fees, on which the county seeks reimbursement.
ATCP 50.32(7)(c)3.
3. Whether the employee or independent contractor is a first, second or subsequent position for purposes of s.
92.14 (3) and
(5g), Stats.
ATCP 50.32(7)(c)4.
4. The share of the employee or independent contractor costs that are attributable to conservation activities in priority watersheds identified under
ch. NR 120, regardless of whether those activities are directly related to the DNR priority watershed program under
ch. NR 120.
ATCP 50.32 Note
Note: Under s.
92.14 (5g) (b), Stats., the department may pay a higher reimbursement rate for "priority watershed staff" than for other staff. The department has interpreted "priority watershed staff" to include any staff engaged in conservation activities related to DNR priority watersheds (the geographic areas), regardless of whether those staff are working on the DNR priority watershed program. For example, staff working on the CREP program in priority watersheds may be claimed as "priority watershed staff."
ATCP 50.32(7)(c)5.
5. The share of the employee or independent contractor costs that are attributable to other land and water resource management activities.
ATCP 50.32(7)(d)
(d) If a county reallocates grant funds to a local government or tribe under
sub. (1), the county shall submit reimbursement requests on behalf of that local government or tribe. The county shall submit and certify each reimbursement request according to this subsection, based on information that the local government or tribe certifies to the county. The department may reimburse the local government or tribe based on a valid county request under this paragraph.
ATCP 50.32 Note
Note: A county land conservation committee need not submit documentation supporting its certification under sub. (7), but must keep that documentation on file as required by sub. (9). The committee must make the documentation available to the department and grant auditors upon request.
ATCP 50.32(8)(a)(a) The department shall reimburse eligible county costs for employee salaries, employee fringe benefits and independent contractor fees at the rate provided under s.
92.14, Stats.
ATCP 50.32(8)(b)
(b) The department may reimburse eligible county employee training and support costs at 100%.
ATCP 50.32(8)(c)1.
1. A county may choose which employees or independent contractors are considered the county's first, second and subsequent staff persons.
ATCP 50.32(8)(c)2.
2. The department may reimburse eligible costs for the county's first designated staff person at 100%, regardless of whether that person is a priority watershed staff person.
ATCP 50.32(8)(c)3.
3. Except as provided under
subd. 2., the department may reimburse eligible costs for priority watershed staff identified under
sub. (7) (c) 4. at the rate of 90%. This reimbursement rate does not apply to staff working in a priority watershed after the termination date specified as of October 6, 1998 for the DNR priority watershed project in that watershed.
ATCP 50.32(8)(d)
(d) A county receiving an annual staffing grant under this chapter shall maintain its annual soil and water resource management expenditures at or above the average annual amount that the county expended in the years 1985 and 1986, as required by s.
92.14 (7), Stats. A county may count, as part of its contributions under this paragraph, county expenditures for employees and independent contractors who work for the county land conservation committee. A county may not count capital improvement expenditures, or the expenditure of grant revenues that the county receives from other governmental entities.
ATCP 50.32(9)(a)(a) A county land conservation committee shall keep records related to annual staffing grants under this section. The records shall document that the county used grant funds according to this chapter and the grant contract. The county shall retain the records for at least 3 years after the end of the grant year.
ATCP 50.32(9)(b)
(b) If a county reallocates grant funds to a local government or tribe, that local government or tribe shall also keep records under
par. (a).
ATCP 50.32(10)
(10) Bond revenues may not be used for county staffing. Bond revenue funds may not be used for an annual staffing grant under
sub. (1).
ATCP 50.32 Note
Note: Bond revenues are those appropriated under s.
20.866 (2) (we), Stats. The Wisconsin constitution limits the use of bond revenues.
ATCP 50.32(11)
(11) Redirecting staffing grants for cost-share payments to landowners. A county may redirect a portion of its annual staffing grant to fund cost-share grants to landowners under
s. ATCP 50.34 if all of the following apply:
ATCP 50.32(11)(a)
(a) The department approves, in writing, the total staffing grant amount that the county may redirect.
ATCP 50.32(11)(b)
(b) The county uses the redirected funds in the year for which the funds are allocated.
ATCP 50.32 Note
Note: The department will pay approved cost-share reimbursements according to the procedure in s.
ATCP 50.34.
ATCP 50.32 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 08-075: am. (7) (a)
Register April 2009 No. 640, eff. 5-1-09.
ATCP 50.34
ATCP 50.34
Grants for conservation practices. ATCP 50.34(1)(1)
General. The department may award an annual grant to each eligible county to finance county cost-share grants to landowners. The department shall award the grant to the county land conservation committee. The committee may make cost-share grants to landowners for conservation practices needed to comply with any of the following:
ATCP 50.34(1)(b)
(b) State or local regulations identified in the county's land and water resource management plan under
s. ATCP 50.12 (2) (b). The committee may not use funds under this chapter to award cost-share grants for practices needed to comply with a DNR notice of intent or notice of discharge under s.
281.20 or
ch. 283, Stats.
ATCP 50.34 Note
Note: DNR may provide cost-share funding for practices needed to comply with a DNR notice of intent under s.
281.20, Stats., or notice of discharge under ch.
283, Stats.
ATCP 50.34 Note
Note: The department may award grants under sub. (1) from applicable appropriations under s.
20.115 (7), Stats., or from the bond revenue appropriation under s.
20.866 (2) (we), Stats. Bond revenue grants may only be used for the purposes identified in sub. (4).
ATCP 50.34(2)
(2) Grant contract. The department shall make grant payments 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 50.34 Note
Note: Grant contracts, including grant amounts, grant purposes and fund sources, must conform to the grant allocation plan under s.
ATCP 50.28. Grant contracts may specify the use of funds, as necessary, to implement the terms of the grant allocation plan. Bond revenues may only be used for purposes identified in sub. (4).
ATCP 50.34(2)(d)
(d) Grant terms and conditions, including terms and conditions required under this section.
ATCP 50.34(3)
(3) Grant payments. The department shall make grant payments under
sub. (1) on a reimbursement basis. The department shall reimburse the county after the county certifies that the cost-shared practice has been properly installed and paid for. To obtain reimbursement for a cost-shared practice, a county land conservation committee shall do all of the following on forms provided by the department:
ATCP 50.34(3)(a)
(a) File with the department a copy of the county's cost-share contract with the landowner. The cost-share contract shall comply with
s. ATCP 50.40 (8) and
(9).
ATCP 50.34 Note
Note: The department must approve any cost-share contract that exceeds $50,000.
ATCP 50.34 Note
Note: The department will provide forms that counties must use to certify the information under sub. (3). A county land conservation committee need not submit documentation supporting its certification under par. (c), but must keep that documentation on file as required by sub. (7). The committee must make the documentation available to the department and grant auditors upon request.
ATCP 50.34(3)(d)
(d) File all reimbursement requests by February 15 of the year following the grant year.
ATCP 50.34(4)(a)(a) Bond revenue funds awarded under
sub. (1) may be used for the following purposes, subject to
par. (b) and the grant contract:
ATCP 50.34(4)(a)2.
2. To finance engineering services provided in connection with a cost-shared practice for which bond revenues may be used under
subd. 1.
ATCP 50.34(4)(b)
(b) The department may not use bond revenue funds to reimburse a county for services provided by county employees, or by independent contractors working for the county.
ATCP 50.34 Note
Note: Bond revenue funds are those appropriated under s.
20.866 (2) (we), Stats. The Wisconsin constitution limits the use of bond revenue funds. Bond revenue funds must be used to finance capital improvements, not short-term practices. Bond revenue funds may not be used to finance county operations. The grant contract between the department and the county will identify the purposes for which grant funds may be used.
ATCP 50.34(5)
(5) Unspent funds. The department may not use grant funds awarded to a county under
sub. (1) to reimburse the county for costs that the county incurs after December 31 of the grant year, or pays after January 31 of the following year. Unspent funds remain with the department, for distribution under a future year's allocation plan.
