ATCP 50.28(1)
(1)
Plan required. The department shall allocate grants under this chapter according to an annual grant allocation plan. The secretary shall approve the grant allocation plan. The plan shall specify, for the next calendar year, all of the following:
ATCP 50.28(1)(a)
(a) The total amount available to the department for possible allocation under the plan, including the subtotal amount from each of the following sources:
ATCP 50.28(1)(b)
(b) The total amount allocated under the plan, and the subtotal amount allocated from each of the sources identified under
par. (a).
ATCP 50.28(1)(c)
(c) The amounts allocated to counties for annual staffing grants under
s. ATCP 50.32. This shall include all of the following:
ATCP 50.28(1)(c)1.
1. The total amount allocated to counties under
s. ATCP 50.32, and the subtotal amount allocated from each relevant fund source under
par. (a).
ATCP 50.28(1)(c)2.
2. The total amount allocated to each county, and the subtotal amount allocated to that county from each relevant fund source under
par. (a).
ATCP 50.28(1)(c)3.
3. An explanation for the allocations, including any material differences in allocations between counties.
ATCP 50.28 Note
Note: The department must prepare an environmental assessment on its annual grant allocation plan, and may explain grant allocations in the environmental assessment. See s.
ATCP 3.02 (1) (h).
ATCP 50.28(1)(d)
(d) The amounts allocated to counties under
s. ATCP 50.34 to fund conservation practices by landowners. This shall include all of the following:
ATCP 50.28(1)(d)1.
1. The total amount allocated to counties under
s. ATCP 50.34, and the subtotal amount allocated from each relevant fund source under
par. (a).
ATCP 50.28(1)(d)2.
2. The total amount allocated to each county, and the subtotal amount allocated to that county from each relevant fund source under
par. (a).
ATCP 50.28(1)(d)3.
3. An explanation for the allocations, including any material differences in allocations between counties.
ATCP 50.28 Note
Note: The department may explain its allocations in the environmental assessment that accompanies the allocation plan. See s.
ATCP 3.02 (1) (h).
ATCP 50.28(1)(e)
(e) The amount allocated to each non-county grant recipient under s.
92.14 (10), Stats., if any, and an explanation for each allocation. A person applying for a grant under s.
92.14 (10), Stats., shall file a written grant application by April 15 of the year preceding the year for which the department awards the grant. The grant application shall include a proposed budget and supporting documentation. The department may require a grant applicant to apply on a form provided by the department.
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:
