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.
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.
