NR 153.21(2)(e)
(e) For a notice of discharge project, the grantee shall submit the extension request to the department prior to the expiration of the grant period. The extension request shall include documentation that the provisions of
s. NR 243.24 (4) (b) 5. c. have been satisfied.
NR 153.21(3)
(3) Local government responsibilities as a runoff management grantee and cost-share provider. The governmental unit shall do all of the following as conditions of receiving a runoff management grant:
NR 153.21(3)(a)
(a) Execute a runoff management grant agreement with the department for grant funds necessary to administer cost-share agreements with eligible landowners and land operators. This requirement may be waived if the department and the governmental unit agree to delegate these responsibilities to another governmental unit with jurisdiction sufficient to meet all the conditions of the grant.
NR 153.21(3)(b)
(b) Enter into cost-share agreements with eligible cost-share recipients located within the project area. This requirement may be waived if the department and the governmental unit agree to delegate this responsibility to another governmental unit with jurisdiction sufficient to enforce all the conditions of the cost-share agreement.
NR 153.21(3)(c)
(c) Be fiscally responsible for the use of cost-share funds provided to cost-share recipients under the runoff management grant agreement. This includes preparing and maintaining adequate fiscal management and technical assistance files as described in
s. NR 153.29. This requirement may be waived if the department and the governmental unit agree to delegate these responsibilities to another governmental unit with adequate jurisdiction.
NR 153.21(3)(d)
(d) Provide the department with verification of proper installation, operation and maintenance of best management practices for cost-share agreements for which it is the cost-share provider.
NR 153.21(3)(e)
(e) Provide technical design and installation assistance for all best management practices in cost-share agreements within its jurisdiction. The governmental unit may assign this requirement to another governmental unit if approved by the department.
NR 153.21(3)(f)
(f) Contact all landowners and land operators of lands within the project area that are the target of technical assistance and cost sharing under the grant.
NR 153.21(3)(i)
(i) Arrange funding for staff support necessary to complete the project.
NR 153.21(3)(j)
(j) For a targeted runoff management project, conduct the following activities in addition to technical and financial assistance to implement agricultural performance standards and prohibitions contained in
ch. NR 151 for cropland practices and livestock facilities in the project area:
NR 153.21(3)(j)1.
1. Inform landowners and land operators of performance standards and prohibitions.
NR 153.21(3)(j)2.
2. Through records reviews and on-site assessments, evaluate and document the compliance status of cropland practices and livestock facilities with agricultural performance standards and prohibitions on all properties of the farm operation owned or operated by the grantee. If the cost-share is offered as part of a notice issued under
s. NR 151.09 or
151.095 or a local regulation, the governmental unit may with prior department approval limit the on-site assessments to parcels identified in the notice.
NR 153.21(3)(j)3.
3. Document and convey the results to landowners of the compliance status evaluation for the whole farm, by field or parcel.
NR 153.21(3)(j)4.
4. Document and keep office records of changes in compliance status of cropland practices and livestock facilities by parcel for recipients of cost sharing provided under this chapter.
NR 153.21(3)(j)5.
5. Inform landowners in writing of requirements for continuing compliance maintenance of cropland practices and livestock facilities that meet state standards and prohibitions.
NR 153.21(3)(j)6.
6. Conduct enforcement activities consistent with the local authority identified as part of the application materials for which the grant was awarded.
NR 153.21(3)(j)7.
7. Provide assistance to the department as requested to develop and issue notices under
ss. NR 151.09 and
151.095 and to develop and issue letters explaining that the notice has been satisfied.
NR 153.21(3)(k)
(k) For notice of discharge projects, conduct the following activities in addition to technical and financial assistance:
NR 153.21(3)(k)1.a.
a. Inform landowners and land operators of performance standards and prohibitions.
NR 153.21(3)(k)1.b.
b. Provide assistance to the department as requested to develop and issue letters explaining that the notice has been satisfied.
NR 153.21(3)(k)2.a.
a. Inform landowners and land operators of performance standards and prohibitions.
NR 153.21(3)(k)2.b.
b. Document and keep office records of changes in compliance status of livestock facilities by parcel for recipients of cost sharing provided under this chapter.
NR 153.21(3)(k)2.c.
c. Inform landowners in writing of requirements for continuing compliance maintenance of livestock facilities that meet state standards and prohibitions.
NR 153.21(3)(k)2.d.
d. Provide assistance to the department as requested to develop and issue letters explaining that the notice has been satisfied.
NR 153.21(4)
(4) Local government and state agency responsibilities as a cost-share recipient. The governmental unit or state agency shall do all of the following as conditions of receiving a runoff management grant to perform work on lands the governmental unit or state agency owns or operates:
NR 153.21(4)(a)
(a) Arrange funding for the local share of any best management practice the governmental unit installs on property it owns or controls.
NR 153.21(4)(b)
(b) Provide the department with verification of proper installation, operation and maintenance of best management practices for which it is the cost-share recipient.
NR 153.21(4)(c)
(c) Prepare and maintain adequate fiscal management and technical assistance files as described in
s. NR 153.29.
NR 153.21(4)(d)
(d) Obtain prior written approval from the department for use of runoff management grant funds for best management practices installed on land owned or operated by the grantee.
NR 153.21(4)(e)
(e) When installing best management practices, the grantee shall do all of the following:
NR 153.21(4)(e)1.
1. Submit to the department estimates of all practice costs, eligible costs, ineligible costs, cost-share rates, and estimated total cost-share amount.
NR 153.21(4)(e)2.
2. Submit to the department a schedule of installation and maintenance for the practices.
NR 153.21(4)(e)3.
3. Submit to the department copies of all professional service contracts, construction contracts, bid tabulations, force account proposals, proposals, and other related information requested by the department.
NR 153.21(4)(e)3.a.
a. Professional service contracts and construction contracts shall be submitted to the department for approval before execution.
NR 153.21(4)(e)3.b.
b. Force account proposals shall be submitted to the department for approval prior to the initiation of construction.
NR 153.21(4)(e)4.
4. Repay the department the full amount of funds received if the governmental unit fails to fulfill any terms of the agreement, including failing to install, operate, and properly maintain the practices included in the runoff management grant agreement or failure to evaluate or monitor the project in accordance with the provisions of the runoff management grant agreement.
NR 153.21(4)(e)6.
6. Agree not to adopt any land use or practice that reduces the effectiveness or defeats the purposes of the best management practices.
NR 153.21(4)(e)8.
8. Provide financial support towards the implementation of a project including:
NR 153.21(4)(e)8.b.
b. Arrange funding for the local share of any best management practice the governmental unit installs on property it owns or controls.
NR 153.21(5)(a)(a) The period in which cost-share agreements may be signed through the runoff management grant agreement may not extend beyond the runoff management grant period. For best management practices to be eligible for cost sharing, the runoff management grant agreement shall be signed prior to entering into a cost-share agreement.
NR 153.21(5)(b)
(b) The grantee may use runoff management grant funds to cover reasonable expenses necessary to secure refunds, rebates, or credits described in
s. NR 153.28 (3) when approved by the department.
NR 153.21(5)(c)
(c) The grantee may use runoff management grant funds to acquire property as provided for in
s. NR 153.25.
NR 153.21(5)(e)
(e) If the purpose of the project for which the runoff management grant is provided is to require a landowner to comply with performance standards or prohibitions under
ch. NR 151, the governmental unit shall assure that funding under the grant is used to make a cost share offer that meets the requirements of s.
281.16 (3) (e) and
(4), Stats.
NR 153.21(5)(f)
(f) The department may unilaterally reduce the runoff management grant award for any of the following reasons, but may not reduce the grant below the amount the grantee has committed in signed cost-share agreements and contracts. The grantee shall provide an estimate of unexpended grant funds at the request of the department.
NR 153.21(5)(f)3.
3. The grantee fails to meet a schedule included in the grant for interim work products.
NR 153.21(5)(g)
(g) For targeted runoff management projects, if a grantee successfully meets the nonpoint source pollution reduction goals in the project area without fully using the cost share award, the grantee may with prior department approval use the remaining funds to control additional nonpoint pollution sources in the project area.
NR 153.21(5)(h)
(h) If the department has made a partial grant award under
s. NR 153.20 (3) (c), it shall consider the following in determining whether to complete the grant award:
NR 153.21 Note
Note: Large-scale projects may require funds from more than one state budget. In such cases, the department must await subsequent budgets before completing the grant awards for on-going projects.
NR 153.21(5)(h)2.
2. Project performance. The department may terminate the grant if sufficient progress has not been made. Factors to be included in considering project performance include commitment of cost share resources, installation of best management practices, and reduction in nonpoint source pollutant loads.
NR 153.21 Note
Note: Cost-share resources are committed by signing cost share agreements, issuing offers of cost share under ss.
NR 151.09 and
151.095, and making reimbursements for installed practices. Pollutant load reduction can be credited for installed best management practices regardless of whether the practice installation is cost shared using state funds as may have been originally intended.
NR 153.22(1)(a)(a) The cost-share agreement is an agreement listing the best management practices and establishing the conditions and considerations under which a cost-share recipient agrees to install the practices listed. The cost-share agreement may be used as an offer of cost sharing in accordance with
ss. NR 151.09,
151.095, and
243.24 (4) (b) 4.
NR 153.22(1)(b)
(b) A local governmental unit shall use the cost-share agreement if serving as a cost-share provider to a landowner, land operator, or state agency.
NR 153.22(1)(c)
(c) The department may use the runoff management grant agreement in lieu of a cost-share agreement if it serves as a grantor of funds to a governmental unit or state agency and the grant recipient uses the funds to implement management practices on lands it owns or operates. Runoff management grant agreements used in lieu of cost-share agreements shall comply with the requirements in this section as well as those in
s. NR 153.21.
NR 153.22(1)(d)
(d) For best management practices to be eligible for cost sharing, the cost-share agreement shall be signed by the cost-share provider and cost-share recipient before best management practice installation is initiated.
NR 153.22(2)(a)(a) The cost-share agreement shall be between the governmental unit and the individual landowner, land operator or state agency. Agreements with land operators shall be co-signed by the landowner except in instances where the cost-share agreement contains no other practices than those enumerated in
sub. (6) (b) 1. If other practices are included in a cost-share agreement amendment, the landowner shall co-sign the amendment.
NR 153.22(2)(b)
(b) Governmental units, as cost-share agreement providers, shall enter into cost-share agreements only during the period specified in the runoff management grant agreement.
NR 153.22(2)(c)
(c) The cost-share agreement applies to all contiguous sites under the same ownership. At the discretion of the governmental unit, the cost-share agreement may also apply to noncontiguous sites under the same ownership or operation in the watershed. In this paragraph, “contiguous" means touching or sharing a common boundary with a second parcel of land. A lake, river, stream, road, railroad or utility right of way that separates any part of the parcel from any other part does not render the parcel of land noncontiguous.
NR 153.22(2)(d)
(d) A cost-share agreement may not be signed with an individual whose name appears on the statewide support lien docket under s.
49.854 (2) (b), Stats., unless the individual submits to the provider a payment agreement that has been approved by the county child support agency under s.
59.53 (5), Stats., and that is consistent with rules promulgated under s.
49.858 (2) (a), Stats.
NR 153.22(3)
(3) Content of the agreement. The cost-share agreement shall contain or describe:
NR 153.22(3)(b)
(b) The best management practices to be applied and the cost-share rates for those practices that are to be cost shared. The cost-share agreement shall require that all best management practices listed on the cost-share agreement be implemented and maintained as a condition of the agreement.
NR 153.22(3)(c)
(c) The estimated total practice cost, cost-share rate and estimated cost-share amount.
NR 153.22(3)(d)
(d) The installation schedule for applying the cost-shared practices. The cost-share agreement shall also require that the cost-share recipient comply with state performance standards and prohibitions for existing cropland practices and livestock facilities that do not require cost sharing under
s. NR 151.09 or
151.095. The cost-share provider may limit this requirement to significant pollution sources with prior approval from the department.
NR 153.22(3)(f)
(f) A prohibition against adopting any land use or practice which defeats the purposes of the best management practices, the cost-share agreement, or the runoff management grant agreement. This includes a prohibition against any change in land use or management of a cropland practice or livestock facility that leads to non-compliance with state performance standards and prohibitions for a parcel where continuing compliance with a state standard or prohibition is required under
s. NR 151.09 (3) (b) or
151.095 (4) (b). This also requires meeting performance standards and prohibitions, without regard to cost sharing, for all new cropland practices and livestock facilities. If such a change in land use or management occurs, the landowner or land operator shall control the source at the landowner or land operator's own expense or return any cost-sharing funds awarded through the cost-share agreement to the provider.
NR 153.22(3)(g)
(g) A provision stating that the governmental unit shall provide appropriate technical assistance during the required operation and maintenance period of the best management practices.
NR 153.22(3)(h)
(h) A stipulation that the cost-share recipient may not discriminate against a contractor on the basis of age, sex, religion or other prohibited factor.
NR 153.22(3)(j)
(j) The location of the land on which the cost-shared practice is to be installed, and a specific legal description of the land if recording of the cost-share agreement is required under
sub. (10).
NR 153.22(3)(L)
(L) A requirement to amend the cost-share agreement if practices are added or deleted and to add or delete practices only if they are consistent with the project grant application.
NR 153.22(3)(m)
(m) A statement that any loss of cost sharing that results from a cost-share recipient's failure to abide by the conditions of the cost-share agreement does not void the notice issued under
s. NR 151.09,
151.095, or
243.24.
NR 153.22(3)(n)
(n) A statement that partial or full release from the cost-share agreement in accordance with this section does not void the notice issued under
s. NR 151.09,
151.095, or
243.24.
NR 153.22 Note
Note: Compliance with conditions in a cost-share agreement does not assure compliance with performance standards under ch.
NR 151. For example, the operation and maintenance period for purposes of cost sharing is 10 years for most practices. However, best management practices must be maintained in perpetuity to comply with performance standards under ch.
NR 151. Under ch.
NR 151, cost sharing must only be made available once to bring a specific nonpoint source into compliance with the performance standard. Continued cost sharing is not required to be made available and long-term compliance with performance standards is the responsibility of the landowner or operator, heirs or subsequent owners or operators. Chapters
NR 151 and
ATCP 50 identify when cost sharing is considered to be available for purposes of required compliance with performance standards.
NR 153.22(3)(o)
(o) A statement that the cost-share recipient agrees to provide information related to cost sharing and work performed under other federal, state, and local grant programs, if required by the cost share provider to meet the reporting requirements of this chapter.
