NR 50.03(13)
(13) “LAWCON" means land and water conservation fund act of 1965.
NR 50.03(14)
(14) “Major snowmobile bridge rehabilitation" means construction activities, including complete bridge replacement, that are necessary to return a snowmobile bridge or a culvert to a functioning, safe structure.
NR 50.03(15)
(15) “Outlying patrols" means water safety patrol units which operate on waters designated in s.
29.001 (63), Stats.
NR 50.03(16)
(16) “Project agreement" means a contract between the sponsor and department setting forth the mutual obligations with regard to a portion or all of a specific project.
NR 50.03(17)
(17) “Project period" means the period of time specified in the agreement during which all work must be accomplished.
NR 50.03(17m)
(17m) “Region" means one of 5 field administrative offices of the department.
NR 50.03(18)
(18) “Secretary" means secretary, department of natural resources.
NR 50.03(19)
(19) “Snowmobile trail maintenance" means the activities associated with establishing and keeping a trail safe and enjoyable to use. Snowmobile trail maintenance activities include posting signs, brushing, grooming of snow, minor repair of bridges, purchase of liability insurance by counties for snowmobile trails, and acquisition of easements, leases, permits or other agreements for a period of less than 3 years.
NR 50.03(21)
(21) “Snowmobile trail" means a marked corridor on public property or on private land subject to public easement or lease, designated for use by snowmobile operators by the governmental agency having jurisdiction, but excluding highways except those highways on which the roadway is not normally maintained for other vehicular traffic by the removal of snow.
NR 50.03(22)
(22) “Sponsor" means a local unit of government, state agency, Indian tribe, nonprofit conservation organization as defined in s.
23.0955 (1), Stats., or snowmobile club as defined in s.
350.138 (1) (e), Stats., receiving assistance under this chapter.
NR 50.03(23)
(23) “State outdoor recreation plan" means the comprehensive statewide outdoor recreation plan required by the land and water conservation fund act.
NR 50.03(24)
(24) “Snowmobile trail development" means the construction of a trail including grading, initial signing, construction of bridges and other support facilities. Snowmobile trail development also includes the purchase of land in fee simple and the acquisition of interests in land by easement, lease, permit or other agreement or a term of 3 years or greater.
NR 50.03(25)
(25) “Snowmobile trail rehabilitation" means trail repair and renovation activities that are necessary to improve a trail for user safety and enjoyment.
NR 50.03 Note
Note: The repairs or renovation referred to in snowmobile trail rehabilitation may be the improvement of the trail for safety reasons or in response to natural events that adversely affect trail safety, such as clean up of wind storm damage.
NR 50.03 History
History: Cr. Register. March, 1975, No. 231, eff. 4-1-75; am. (8),
Register, March, 1976, No. 243, eff. 4-1-76; am. (8),
Register, October, 1978, No. 274, eff. 11-1-78; cr. (16),
Register, May, 1979, No. 281, eff. 6-1-79; cr. (17),
Register, June, 1980, No. 294, eff. 7-1-80; cr. (18) and (19),
Register, September, 1980, No. 297, eff.10-1-80; renum. from NR 50.01 and am. (4), (6), (9), (10), (11) and (17), cr. (20) and (21),
Register, May, 1983, No. 329, eff. 6-1-83; am. (5),
Register, April, 1984, No. 340, eff. 5-1-84; emerg. cr. (22) and (23), eff. 3-15-90, cr. (22) and (23),
Register, October, 1990, No. 418, eff. 11-1-90; renum. (1) to (7), (9) to (17), (20) to (23) to be (6), (18), (2), (13), (1), (3), (4), (16), (22), (21), (7), (17), (5), (23), (8) to (12) and (15) and am. (22), r. (8), (18) and (19), cr. (14), (19), (20), (24) and (25),
Register, February, 1996, No. 482, eff. 3-1-96; reprinted to restore dropped copy in (10),
Register, April, 1998, No. 508; renum. (7) to be (17m) and am.,
Register, December, 1999, No. 528, eff. 1-1-00; correction in (12) and (15) made under s. 13.93 (2m) (b) 7., Stats.,
Register, December, 1999, No. 528;
CR 14-062: am. (8)
Register September 2015 No. 717, eff. 10-1-15.
NR 50.05(1)(1)
This section applies to all grant programs governed by this chapter.
NR 50.05(2)
(2) Environmental quality is essential and shall be preserved and enhanced.
NR 50.05(3)
(3) Local governments shall agree to operate and provide adequate maintenance of recreational areas or facilities purchased or developed with state or federal aids.
NR 50.05(4)
(4) Recreational lands purchased or facilities developed under this chapter may not be converted to other uses or to other outdoor recreation uses without approval of the department for all programs and the secretary of the interior for LAWCON projects.
NR 50.05(5)
(5) Income accruing to an area receiving assistance during the project period from a source other than the intended recreational use shall be used to reduce the total costs of the project.
NR 50.05(6)
(6) Income from the sale of structures must be reimbursed to the appropriate aid program.
NR 50.05(7)
(7) Reasonable entrance, service or user fees may be charged to pay for operation and maintenance costs and are subject to department review.
NR 50.05(8)
(8) Acquisition of real property shall be in accordance with state and federal guidelines for preparation of appraisals and relocation assistance.
NR 50.05(9)
(9) Before development of certain public facilities begins, formal approval may be required from state or federal agencies concerning health, safety or sanitation requirements.
NR 50.05(10)
(10) Sponsors shall comply with applicable state or federal regulations concerning bidding and awarding contracts, wage and labor rates, access for the disabled, flood disaster protection, environmental quality and historical preservation.
NR 50.05(11)
(11) Sponsors shall comply with Title VI of the civil rights act of 1964,
42 USC 2000d, et seq. and with the regulations promulgated under such act by the secretary of the interior.
NR 50.05(12)
(12) Assistance may be given to develop leased real property provided control and tenure of such property is commensurate with the proposed development.
NR 50.05(13)
(13) Project expenditures must be within the project period, project scope and project amount as shown on the project agreement.
NR 50.05(14)
(14) Billings may be submitted for partial payment or upon completion of the project.
NR 50.05(15)
(15) Donated labor, materials, land, or other activities which do not result in an actual expenditure by the sponsor and indirect costs are not allowable in the claim.
NR 50.05(16)
(16) Direct costs which are supported by time sheets, vouchers or similar documentation reflecting specific assignment to a project are eligible project costs.
NR 50.05(17)
(17) Actual cost of force account labor and equipment is allowable. Equipment rental rates may not exceed the county machinery rates established annually by the department of transportation.
NR 50.05(18)
(18) Actual fringe benefits paid as part of the direct labor costs claimed are eligible project costs.
NR 50.05(19)
(19) Claims for payment must be submitted within one year of the project termination date.
NR 50.05(20)
(20) A request for a project extension must be submitted prior to the project termination date.
NR 50.05(21)
(21) All payments are contingent upon final audit. Financial records including all documentation to support entries in the accounting records to substantiate charges for each project must be kept available for review by state or federal officials for a period of 3 years after final payment.
NR 50.05(22)
(22) Land acquisition costs may be retroactive upon prior written approval of the department or the secretary of the interior providing the sponsor can demonstrate a need to proceed at this time.
NR 50.05(23)
(23) Engineering or planning fees necessary to complete eligible items may be retroactive.
NR 50.05(24)
(24) The department may approve variances from nonstatutory requirements of this chapter upon the request of a sponsor when the department determines that variances are essential to effect necessary grant actions or program objectives, and where special circumstances make such variances in the best interest of the program. Before granting a variance, the department shall take into account such factors as good cause and circumstances beyond the control of the sponsor.
NR 50.05(25)
(25) Total grant assistance provided under this section shall be limited to a maximum of 50 percent of eligible project costs unless otherwise provided by law.
NR 50.05(26)
(26) The department may conduct compliance inspections on properties for which assistance has been provided under this chapter. The department may require project sponsors to conduct self inspections on these properties.
NR 50.05 History
History: Cr.
Register, March, 1975, No. 231, eff. 4-1-75; am. (4) (a) 4. and 6., (7) (b) 7., 13., 14. and 17., (7) (c) 1. and 12., (7) (e) and (9),
Register, March, 1976, No. 243, eff. 4-1-76; r. and recr.
Register, October, 1978, No. 274, eff. 11-1-78; am. (11) and (14) (m),
Register, June, 1980, No. 294, eff. 7-1-80; r. and recr.
Register, May, 1983, No. 329, eff. 6-1-83; cr. (22) to (25),
Register, October, 1990, No. 418, eff. 11-1-90; am. (10) and (18), cr. (26),
Register, February, 1996, No. 482, eff. 3-1-96.
NR 50.06(1)(1)
Purpose. The purpose of this section is to establish standards for the administration of the land and water conservation fund act of 1965 (LAWCON) under ss.
20.370 (5) (cy) and
23.30 (3) (h), Stats.
NR 50.06(2)
(2) Applicability. The provisions of this section are applicable to all towns, counties, villages, cities, Indian tribes, school districts, soil and water conservation districts and state agencies participating in the LAWCON aid program.
NR 50.06(3)(a)
(a) LAWCON funds apportioned to Wisconsin each fiscal year shall be allocated as follows:
NR 50.06(3)(b)
(b) The federal cost sharing may not exceed 50 percent of the total LAWCON eligible cost of the projects, unless otherwise specified by law.
NR 50.06(3)(c)
(c) Funds allocated to local governments and state agencies but not encumbered shall remain allocated for use under this section and shall be available for use during subsequent funding cycles to the extent provided by law.
NR 50.06(4)(a)
(a) Applicants are required to submit comprehensive outdoor recreation plans which have been formally approved by resolutions passed by the local governing bodies; or applicants may qualify for eligibility if their proposed projects are identified in approved plans of other units of government. The University of Wisconsin System shall have support for its applications in department approved plans of the communities in which the schools are located. The system and the communities are required to coordinate their respective programs through the comprehensive planning process. The system shall rely on comprehensive outdoor recreation plans which have been formally approved by the local governing bodies.
NR 50.06(4)(b)
(b) Priorities in ranking are given to projects based on the following project, activity and applicant criteria:
NR 50.06(4)(b)2.
2. Activities for the general public over those for a limited group;
NR 50.06(4)(b)5.
5. Projects not having other public or private funds available to them;
NR 50.06(4)(b)9.
9. Completion of projects already started where possible, when it has been shown those projects are sound and well conceived;
NR 50.06(4)(b)11.
11. Renovation of existing facilities which are in danger of being lost for public use;
NR 50.06(4)(b)12.
12. Applicants which have not received outdoor recreation funds in the past;
NR 50.06(4)(b)13.
13. Applicants which have good performance records on prior outdoor recreational projects;
NR 50.06(4)(b)14.
14. Applicants which are financially able to adequately maintain and operate the area or facility;
NR 50.06(4)(b)15.
15. Projects which are located where the greatest number of people live and work;
NR 50.06(4)(b)16.
16. Projects which offer safe, rapid and convenient access by all types of transportation modes appropriate for that type of facility;
NR 50.06(4)(b)18.
18. To projects in which the resource would be lost for recreation use if not immediately acquired or developed;
NR 50.06(4)(b)19.
19. Projects which, in relation to their costs, provide access for the greatest number of potential users and provide the greatest opportunities for public outdoor recreation;
NR 50.06(4)(b)20.
20. Projects which meet needs and deficiencies identified in the statewide comprehensive outdoor recreation plan, or in the statewide plan and the comprehensive outdoor recreation plans of other units of government.
NR 50.06(4)(b)21.
21. Projects which provide multiple season, multiple activity use; and
NR 50.06(4)(b)22.
22. Projects which are designed to serve the recreation needs of elderly persons, minorities and disabled persons.
NR 50.06(4)(c)
(c) Sponsors shall be required to acknowledge federal (LAWCON) assistance by placement of signs approved by the department and the department of interior.
NR 50.06(4)(cm)
(cm) Fifty percent of the grant amount may be paid to a local unit of government at the time of project approval if requested.
NR 50.06 Note
Note: This applies only to grant contracts executed after March 1, 1996.
NR 50.06(4)(d)
(d) Land acquisition — eligible types of projects. Eligible types of projects for land acquisition include:
NR 50.06(4)(d)1.
1. Areas with frontage on rivers, streams, lakes, estuaries and reservoirs which will provide water based public recreation opportunities;
NR 50.06(4)(d)2.
2. Land for creating water impoundments to provide water based public outdoor recreation;
NR 50.06(4)(d)3.
3. Areas which provide special recreation opportunities, such as floodplains, wetlands and areas adjacent to scenic highways;
NR 50.06(4)(d)4.
4. Natural areas and preserves and outstanding scenic areas where the objective is to preserve the scenic or natural values, including areas of physical or biological importance and wildlife areas. These areas must be open to the general public for outdoor recreation use to the extent that the natural attributes of the areas will not be seriously impaired or lost;
NR 50.06(4)(d)5.
5. Land within urban areas for day use picnic areas, neighborhood playgrounds, play areas for small children, areas adjacent to school playgrounds, and competitive nonprofessional sports facilities;
