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.
ATCP 50.34(6)(a)(a) If a grant under
sub. (1) funds a landowner cost-share contract that is signed by December 31 of the grant year but not completed by December 31 of that year, the department may extend funding for that contract in the next year's grant allocation to the county if all of the following apply:
ATCP 50.34(6)(a)1.
1. The county properly contracts with the landowner by December 31 of the initial grant year.
ATCP 50.34(6)(a)2.
2. The landowner has not taken any action in violation of the cost-share contract.
ATCP 50.34(6)(a)3.
3. The county land conservation committee files with the department, by December 31 of the initial grant year, a written request and justification for the funding extension.
ATCP 50.34(6)(a)4.
4. The department has not previously extended funding for the same contract from one grant year to another.
ATCP 50.34 Note
Note: The department will normally approve extensions by April 30 of each year, as a supplement to the annual grant allocation plan for that year. See s.
ATCP 50.28 (5).
ATCP 50.34(6)(b)
(b) A county may not transfer a funding extension under
par. (a) from one landowner cost-share contract to another. Extended funding, if not spent for the designated cost-share contract in the year of the extension, remains with the department for distribution under a future year's allocation plan.
ATCP 50.34 Note
Note: A county may make partial payments for completed portions of a cost-shared practice, as provided in s.
ATCP 50.40 (12).
ATCP 50.34(7)(a)(a) A county land conservation committee shall keep all of the following records related to grants under
sub. (1):
ATCP 50.34(7)(a)1.
1. Copies of all county cost-share contracts with landowners, including any provisions related to operation and maintenance of installed practices.
ATCP 50.34(7)(a)2.
2. Documentary proof of all information that the county land conservation committee certifies to the department under this section.
ATCP 50.34(7)(a)3.
3. Documentation of all county receipts and payments under this section.
ATCP 50.34(7)(a)4.
4. Other records needed to document county compliance with this section and the grant contract.
ATCP 50.34(7)(b)
(b) A county land conservation committee shall retain cost-share records under
par. (a) for at least 3 years after the committee makes its last cost-share payment to the landowner, or for the duration of the maintenance period required for the cost-shared practice under subch.
VIII, whichever is longer. The committee shall make the records available to the department and grant auditors upon request.
ATCP 50.34 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 08-075: am. (6) (a) (intro.) and 1.
Register April 2009 No. 640, eff. 5-1-09.
ATCP 50.36(1)(1)
County grant contracts. The department shall enter into an annual grant contract with a county land conservation committee for the payment of grant funds awarded to the county. The contract shall include relevant terms required under this section and
ss. ATCP 50.32 and
50.34.
ATCP 50.36(2)(a)(a) The department shall enter into a grant contract with every non-county grant recipient under this chapter.
ATCP 50.36 Note
Note: See s.
ATCP 50.28 (1) (e). 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 50.36(2)(b)
(b) A grant contract under
par. (a) shall conform to the grant allocation plan under
s. ATCP 50.28. The contract shall specify grant terms and conditions, including terms required under this chapter. The contract shall specify the products and services that the grant recipient is expected to deliver.
ATCP 50.36(3)
(3) Breach of contract. The department may withhold or demand return of grant payments if the department finds that the grant recipient has violated this chapter or breached its grant contract with the department.
ATCP 50.36 Note
Note: The department may seek other administrative or judicial sanctions, as appropriate. A grant recipient may appeal an administrative sanction under this section, to the extent provided under ch.
227, Stats.
ATCP 50.36(4)
(4) Contract contingent on legislative appropriations. Grant payments to a county land conservation committee or other grant recipient under this chapter are contingent on the continued availability of legislative appropriations to fund those payments.
ATCP 50.36 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.40
ATCP 50.40
Cost-share grants to landowners. ATCP 50.40(1)(a)(a) A county land conservation committee may use grant funds awarded to the county under
s. ATCP 50.34 to make cost-share grants to landowners for any of the purposes authorized under
s. ATCP 50.34 (1). Cost-share grants shall comply with this subchapter.
ATCP 50.40 Note
Note: This subchapter regulates a county's use of grant funds awarded under s.
ATCP 50.34. It does not limit a county's authority to acquire and distribute cost-share grant funds from other governmental or private entities.
ATCP 50.40 Note
The department and DNR will prepare a joint allocation plan for the allocation of funds to counties under ss.
92.14,
281.65 and
281.66, Stats. Funding under this chapter is primarily aimed at rural conservation practices. DNR may provide funding for urban conservation practices that are not financed under this chapter.
ATCP 50.40(1)(b)
(b) A county land conservation committee may determine all the following, subject to this chapter:
ATCP 50.40 Note
Note: If a county requires a landowner to change an "existing" agricultural practice, the county must comply with minimum cost-share requirements under sub. (2). But if a county enters into a voluntary cost-share arrangement with a landowner, the county is free to negotiate the grant amount with the landowner (up to the maximum amounts provided in s.
ATCP 50.42).
ATCP 50.40(2)(a)(a) A county may not do any of the following, under this chapter or a local regulation, unless the county land conservation committee first offers cost-sharing that is at least equal to the cost-sharing required under
s. ATCP 50.08:
ATCP 50.40(2)(a)1.
1. Require a conservation practice that discontinues or modifies cropping practices on existing cropland. In this paragraph, "existing cropland" has the meaning given in
s. NR 151.09 (4) (b).
ATCP 50.40(2)(a)2.
2. Require a conservation practice that discontinues or modifies an existing livestock facility or operation. In this paragraph, "existing livestock facility or operation" has the meaning given in
s. NR 151.095 (5) (b).
ATCP 50.40(2)(b)
(b) Paragraph (a) does not apply to a nutrient management plan required under a permit for a manure storage system voluntarily constructed by a landowner.
ATCP 50.40(2)(c)1.
1. An emergency or interim response to a pollution discharge, to prevent or mitigate imminent harm to waters of the state.
ATCP 50.40(3)(a)(a) A cost-share grant may fund conservation practices identified under subch.
VIII, or other conservation practices that the department approves in writing, regardless of whether those conservation practices are required or voluntary.
ATCP 50.40 Note
Note: A county may package cost-share payments in a variety of ways. For example, a county might choose to negotiate a single overall payment (sometimes called an "incentive" payment) with a landowner who voluntarily agrees to maintain a combination of "soft" practices (nutrient management, residue management and contour farming, for example) as part of an overall farm conservation plan. The county may pay the landowner to continue these practices, even though the landowner has followed the same practices in the past. The county is free to negotiate the cost-share amount ("incentive" payment amount) with the landowner, as long as the arrangement is voluntary.
ATCP 50.40(3)(b)
(b) A cost-share grant may not be used to do any of the following, except as specifically authorized under subch.
VIII:
ATCP 50.40(3)(b)1.
1. Pay for the installation of a conservation practice if that installation occurred before the landowner entered into the cost-share contract.
ATCP 50.40(3)(b)7.
7. Prevent or clean up spills of pesticides, fertilizers or other agricultural chemicals from commercial bulk storage facilities.
ATCP 50.40(3)(b)11.
11. Destroy significant wildlife habitat, unless the landowner agrees to restore the habitat at the landowner's expense.
ATCP 50.40(4)
(4) Eligible costs. A cost-share grant may pay for relevant costs identified in
s. ATCP 50.08 (3) and
(4), regardless of whether cost-sharing is required under
sub. (2) or
s. ATCP 50.08. A cost-share grant may not pay for ineligible costs identified under
sub. (3) (b) or subch.
VIII.
ATCP 50.40(5)
(5) Cost-effective practices. A county land conservation committee shall consider whether a cost-shared practice will be cost-effective. The committee shall consider all of the following:
ATCP 50.40(5)(b)
(b) The minimum practice needed to achieve the conservation objective.
ATCP 50.40(5)(c)
(c) The cost of the practice compared to feasible and effective alternatives.
ATCP 50.40(5)(d)
(d) The practical effects of the practice on the agricultural operation.
ATCP 50.40(6)
(6) Maximum cost-share rates and amounts. Cost-share rates and amounts may not exceed the maximum rates and amounts specified in
s. ATCP 50.42.
