NR 50.17(4)(d)
(d) Sponsors shall demonstrate an ability to operate the range for at least 20 years and shall contract with the state of Wisconsin for use by the hunter education program during this period.
NR 50.17(4)(e)
(e) Applicants shall submit an application on the prescribed department form.
NR 50.17 Note
Note: The forms may be obtained from Hunter Education Administrator, Department of Natural Resources, Box 7201, Madison, Madison, WI 53791.
NR 50.17 History
History: Cr.
Register, August, 1985, No. 356, eff. 9-1-85; r. and recr. (3), am. (4) (d),
Register, May, 1994, No. 461, eff. 6-1-94.
NR 50.19
NR 50.19
Scenic urban waterways grant program. NR 50.19(1)(1)
Purpose. The purpose of this section is to establish standards for the implementation and administration of the scenic urban waterways grant program under s.
30.275, Stats.
NR 50.19(2)
(2) Applicability. The provisions of this section are applicable to all counties, cities, villages, towns and Indian tribes within a designated scenic urban waterway and to the department.
NR 50.19(3)
(3) Eligible projects. The following types of projects are eligible for funding under this section:
NR 50.19(3)(a)
(a) Acquisition and development of land for parks, open spaces, scenic easements, public access, automobile parking, fish and wildlife habitat, woodlands, wetlands and trails.
NR 50.19(3)(c)
(c) Improvement of surface water quality and surface water flow.
NR 50.19(4)
(4) Application procedure. Applications for project grants shall be submitted to the department no later than November 1 of each state fiscal year for which funding is requested. The department shall review applications for completeness. An application shall contain the following items:
NR 50.19 Note
Note: Application forms may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, Box 7921, Madison, Wisconsin 53707.
NR 50.19(4)(b)
(b) A resolution adopted by the governing body of the municipality, Indian tribe or the department designating an authorized representative to apply for grants under s.
30.275, Stats., and this section on behalf of the municipality, Indian tribe or the department. The authorized representative shall be an official or employee of the municipality, Indian tribe or the department.
NR 50.19(4)(c)
(c) Description of project; including proximity to urban areas, types of water-based recreational activities the project would promote, a detailed estimate of project costs, and an estimate of the number of people who would be expected to enjoy the benefits of the project.
NR 50.19(5)
(5) Allocation of funds. Annual appropriations will be allocated equally among all designated scenic urban waterways as soon as possible after July 1 of each year. Funds allocated to a designated scenic urban waterway that are not needed to fund applications received by November 1, may be reallocated equally among designated scenic urban waterways which have requested funds in excess of their allocations. The reallocation shall be completed by February 1 of the following year.
NR 50.19(6)
(6) Watershed committees. The selection of projects within a designated scenic urban waterway shall be made by a watershed committee for that scenic urban waterway appointed by the department. The committee shall have members from each county within the designated scenic urban waterway; some cities, villages, towns and inland lake protection and rehabilitation districts within the designated scenic urban waterway; the department and independent citizens within the designated scenic urban waterway. Existing watershed committees may be used to select projects. Regional planning commissions may and the department shall be coordinators and advisors to the committee.
NR 50.19(7)
(7) Selection of projects. The watershed committee shall give priority to local government projects. Department projects may be selected only if sufficient funds remain after local government projects within the designated scenic urban waterway are selected. Priority shall be given to applications based on the degree to which the potential benefits of each project correspond to the program's purpose pursuant to s.
30.275 (1), Stats.
NR 50.19(8)
(8) Grant awards. The department shall issue grant awards by February 28 of each year. The state share of the project cost shall be no greater than 80 percent of the eligible project costs. The department may not issue grants to applicants whose application is not complete.
NR 50.19(9)(b)
(b) Projects funded under this section shall be consistent with any approved areawide water quality management plan encompassing the project.
NR 50.19(9)(c)
(c) Nonpoint source projects to improve surface water quality and surface water flow are subject to the requirements of ss.
NR 120.14 and
120.15.
NR 50.19 History
History: Cr.
Register, November, 1986, No. 371, eff. 12-1-86.
NR 50.21
NR 50.21
National recreational trails program. NR 50.21(1)(1)
Purpose. The purpose of this section is to establish standards for the administration of the Symms national recreational trails fund act of 1991,
16 USC 1261,
1262 and
26 USC 9503 (6),
9511.
NR 50.21(2)
(2) Applicability. The provisions of this section are applicable to all towns, villages, cities, counties, tribal governing bodies, school districts, state agencies, federal agencies and incorporated organizations participating in the national recreational trails program.
NR 50.21(3)(a)
(a) “Applicant" means a town, village, city, county, elected governing body of an Indian tribe, school district, state agency, federal agency or incorporated organization applying for a grant.
NR 50.21(3)(b)
(b) “Incorporated organization" means an organization incorporated pursuant to s.
181.0202, Stats., whose primary purpose is promoting, encouraging or engaging in outdoor recreational trail activities.
NR 50.21(3)(d)
(d) “Recreational trail" means a thoroughfare or track across land or snow used for recreational purposes such as bicycling, cross country skiing, day hiking, equestrian activities, jogging or similar fitness activities, trail biking, overnight and long distance backpacking, snowmobiling, aquatic or water activity, and vehicular travel by motorcycle, 4-wheel drive or all-terrain off-road vehicles.
NR 50.21(3)(e)
(e) “Sponsor" means a town, village, city, county, tribal government, school district, state agency, federal agency or incorporated organization receiving assistance.
NR 50.21(4)(a)
(a) National recreational trails program funds allocated to Wisconsin each fiscal year shall be divided as follows:
NR 50.21(4)(a)1.
1. An amount not exceeding 7 percent of the amount received by the state to the department for the costs of administering the national recreational trails program.
NR 50.21(4)(a)2.
2. An amount not to exceed 5 percent of the amount received by the state to the department for the operation of environmental protection and education programs relating to the use of recreational trails.
NR 50.21(4)(a)3.
3. After the reductions of subds.
1. and
2., the amount received by the state shall be allocated by the department in the following manner:
NR 50.21(4)(a)3.a.
a. At least 30 percent shall be reserved for uses relating to motorized trail recreation. Of this amount, 80 percent shall be used for grants to applicants under sub.
(3) (c) and 20 percent shall be used by the department for trail purposes. Funds not encumbered before the first day of the 4th quarter of the state fiscal year may be used for either grants or used by the department for motorized trail purposes.
NR 50.21(4)(a)3.b.
b. At least 30 percent shall be reserved for uses relating to non-motorized trail recreation. Of this amount, 80 percent shall be used for grants to applicants under sub.
(3) (c) and 20 percent shall be used by the department for trail purposes. Funds not encumbered before the first day of the 4th quarter of the state fiscal year may be used for either grants or used by the department for non-motorized trail purposes.
NR 50.21(4)(a)3.c.
c. Not less than 40 percent for uses that provide for the greatest number of compatible recreational trail uses or that provide for innovative recreational trail corridor sharing to accommodate motorized and non-motorized recreational trail use. Of this amount, 50 percent shall be used for grants to applicants under sub.
(3) (c) and 50 percent shall be used by the department for trail purposes. Funds not encumbered before the first day of the 4th quarter of the state fiscal year may be used for either grants or used by the department for diversified trail purposes.
NR 50.21(4)(b)
(b) Funds allocated to the state but not encumbered in projects shall remain allocated to the state during subsequent state fiscal years. These funds shall remain allocated under the respective motorized, non-motorized and diversified categories.
NR 50.21(5)
(5) General provisions. Unless otherwise noted, the general conditions of s.
NR 50.05 also apply:
NR 50.21(5)(a)
(a) Eligible applicants may receive a state grant for up to 100 percent of the total project costs of a recreational trail project.
NR 50.21(5)(b)
(b) Any use of national recreational trail program funds for trails on private lands shall be accompanied by a written easement or other legally binding agreement that ensures public access to the trail improvements.
NR 50.21(5)(c)
(c) When a corridor to be developed is obtained through an easement or subject to other legally binding agreement, the degree of control over the corridor by the sponsor and the period of time that the written easement or legally binding agreement continues shall be factors in determining the amount of national recreational trails program funds to be granted to the project.
NR 50.21(5)(d)
(d) National recreational trails program funds are to be used on trails and trail related projects which have been identified in or which further a specific goal of a trail plan included or referenced in a statewide comprehensive outdoor recreation plan required by LAWCON.
NR 50.21(5)(e)
(e) Cost overruns beyond the original grant award may be allowed for good cause. Awarding of cost overruns shall be contingent upon funds available and review by department staff.
NR 50.21(5)(f)
(f) Acquisition of real property shall be in accordance with state and federal guidelines for preparation of appraisals and relocation assistance.
NR 50.21 Note
Note: Guidelines for the preparation of appraisals are available from the Bureau of Community Assistance, Department of Natural Resources, Box 7921, Madison, WI, 53707. Guidelines for relocation assistance are available from the Relocation Services Unit, Equal Rights Division, Department of Workforce Development, Box 8928, Madison, WI, 53707.
NR 50.21(5)(g)
(g) Administrative costs of acquiring lands or land rights including the cost of appraisal, relocation payments, title insurance and recording fees are not eligible costs for reimbursement.
NR 50.21(5)(h)
(h) A grant may not be made to share costs for land acquisition, planning or engineering costs incurred prior to approval of a grant application.
NR 50.21(5)(i)
(i) Title to lands or rights in land acquired under this section shall vest in the sponsor, but the lands purchased may not be converted to uses inconsistent with this section without the prior approval of the department. Proceeds from the sale or other disposal of the lands shall be used to promote the objectives of this section.
NR 50.21(5)(j)
(j) Project agreements with incorporated organizations for the acquisition of land shall incorporate a special condition that should the sponsoring incorporated organization be dissolved, the title to property acquired with national recreational trails program funds shall revert to the department.
NR 50.21(5)(k)
(k) Actual fringe benefits paid as part of the direct labor costs
NR 50.21(5)(L)
(L) Claims for payment shall be submitted by the sponsor within 6 months of the project termination date.
NR 50.21(5)(m)
(m) Claims for payment shall be paid on a cost reimbursement basis.
NR 50.21(5)(n)
(n) Trail grooming rates shall be established by the department. These rates will reflect the operating costs of tractor units and attached grooming devices.
NR 50.21(5)(o)
(o) Rates for equipment used for maintenance, rehabilitation or development activities performed by a sponsor may not exceed the county machinery agreement rate established annually with each county by the state department of transportation. All hand tools necessary to carry out a project are the responsibility of the sponsor.
NR 50.21 Note
Note: Copies of the county machinery agreements are available from the county highway departments.
NR 50.21(5)(p)
(p) The department may approve a variance from the requirements of this section that are not elements of the federal statutes,
16 USC 1261,
1262, upon request of a sponsor when the department determines that the variance is essential to effect necessary grant actions or program objectives, and where special circumstances make the variance in the best interest of the program. Before granting a variance, the department shall take into account factors such as good cause and circumstances beyond the control of the sponsor.
NR 50.21 Note
Note: The following provisions of the rule are elements of the federal statutes: ss.
NR 50.21 (2);
(4) (a) 1. and 2;
(5) (b) to
(d),
(g);
(6); and
(7). The remaining provisions are not elements of the federal statutes.
NR 50.21(6)
(6) Eligible projects. Projects eligible for funding under this section include:
NR 50.21(6)(a)
(a) Development of urban trail linkages near homes and workplaces;
NR 50.21(6)(b)
(b) Maintenance of existing recreational trails, including the grooming and maintenance of trails across snow;
NR 50.21(6)(c)
(c) Restoration of areas damaged by use of recreational trails;
NR 50.21(6)(d)
(d) Development of trailside and trail head facilities;
NR 50.21(6)(e)
(e) Provision of features which facilitate the access and use of trails by persons with disabilities.
NR 50.21(6)(f)
(f) Acquisition of easements for trails, or for trail corridors identified in a state trail plan;
NR 50.21(6)(g)
(g) Acquisition of fee simple title to property from a willing seller when the objective of the acquisition cannot be accomplished by acquisition of an easement or by other means;
NR 50.21(6)(h)
(h) Construction of new trails on state, county, municipal or private lands where a recreational need for this construction is shown;
NR 50.21(6)(i)
(i) Construction of new trails crossing federal lands only where necessary and required by the state comprehensive outdoor recreation plan, approved by the department and the administering federal agency or agencies charged with administering all impacted lands and consistent with applicable federal land management plans and policies.
NR 50.21(7)
(7) Ineligible projects. National recreational trails program funds may not be used for the following:
NR 50.21(7)(b)
(b) Construction of any motorized trail on national forest lands unless the lands have been allocated for uses other than wilderness by a forest land and resource management plan approved by the U. S. forest service or have been released to uses other than wilderness by an act of congress and the construction is consistent with management direction in the national forest land and resource management plan.
NR 50.21(7)(c)
(c) Upgrading, expanding or otherwise facilitating motorized use or access to trails predominately used by non-motorized trail users, and as of May 1, 1991 motorized use is either prohibited or has not occurred.
NR 50.21(8)
(8) Priorities. The department shall establish a project priority list based on the following factors to select projects for financial assistance:
NR 50.21(8)(a)1.
1. The type of trail project is given preference in the following ranked order: trail rehabilitation project, trail maintenance project, trail development project and trail acquisition project.
NR 50.21(8)(a)2.
2. The trail sponsor has or can demonstrate the ability to carry out a trail project.
NR 50.21(8)(a)4.
4. The degree to which the trail project will utilize volunteer or non-traditional labor and donations of materials and equipment.
