NR 51.75 NR 51.75 Grant contracts or grant agreements. Grant contracts or grant agreements between the department and sponsors for state trail acquisition and management shall, in addition to the requirements in subch. II, require the sponsor to:
NR 51.75(1) (1)Acquire the lands for a trail, where applicable.
NR 51.75(2) (2)Specify which uses shall be permitted.
NR 51.75(3) (3)Construct, maintain, operate and repair as necessary a recreational trail for the purpose of horseback riding, bicycling, cross-country skiing, hiking or other compatible uses as authorized by the department.
NR 51.75(4) (4)Prohibit hunting on the state trail unless specifically authorized by the department.
NR 51.75(5) (5)Keep the state trail open for public use after completion of the land acquisition and development. If the state trail ever ceases to be used for state trail purposes, then all rights shall revert to the department without necessity of reentry or legal judgment. The department has no obligation to develop and operate the trail and all permanent improvements made to the trail by the sponsor or its agent shall become the property of the department.
NR 51.75(6) (6)Open the state trail to the general public, subject to reasonable rules and regulations, as the managing cooperator deems necessary for the management and operation of the state trail and as approved in writing by the department.
NR 51.75(7) (7)Develop the state trail to conform with department state trail standards (department Manual Code 2540.5) or other reasonable standards as approved by the department.
NR 51.75(8) (8)Assume the responsibility for all fencing, signing and similar activities which are related to the development, maintenance and operation of the state trail.
NR 51.75(9) (9)Prepare all necessary plans, specifications and environmental reports, including citizen participation, for the state trail, and submit them to the department for written approval prior to the commencement of any development or improvement. Any changes of use or development of the state trail shall be performed in accordance with general plans submitted to and approved by the department.
NR 51.75(10) (10)Provide the necessary maintenance including but not limited to, grading, landscaping and controlling vegetative growth on the state trail and any parking areas or use areas to keep the property in a good state of useability and sightliness.
NR 51.75(11) (11)Provide or arrange for the necessary enforcement and security of the state trail to ensure efficient, safe use, and to preserve and protect public health, safety and welfare.
NR 51.75(12) (12)Provide liability insurance if requested by the department.
NR 51.75(13) (13)If the trail is also a part of the Ice Age Trail or the North Country Trail and it qualifies for certification as a component of a national scenic trail, the managing cooperator shall, upon completion of the trail development, and where feasible, apply to the U.S. national park service for certification as a component of the Ice Age national scenic trail, or North Country national scenic trail and sign the trail accordingly.
NR 51.75(14) (14)Permit the department to inspect the trail to ensure compliance with the provisions of the contract.
NR 51.75 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; emerg. am. (intro.), (5) and (13), eff. 9-1-00; CR 00-135: am. (intro.), (5) and (13), Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (title), (intro.), (2), (5), (13) Register February 2012 No. 674, eff. 3-1-12.
subch. IX of ch. NR 51 Subchapter IX — Grants for State Property Development
NR 51.80 NR 51.80 Purpose. The purpose of this subchapter is to establish criteria and procedures for awarding stewardship grants to friends groups and nonprofit conservation organizations for development projects under s. 23.098, Stats.
NR 51.80 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.
NR 51.81 NR 51.81 Applicability and definitions. This subchapter is applicable to friends groups as defined in, organized for, and under agreement with the department pursuant to s. 23.098 (1), Stats., and s. NR 1.71, and nonprofit conservation organizations that apply for grants to undertake development projects on department properties.
NR 51.81 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.
NR 51.82 NR 51.82 Allocation of funds. The department may allocate up to $250,000 each year under the grant program for property development and local assistance, under s. 23.0917 (4), Stats., for grants to friends groups and nonprofit conservation organizations. The department may not obligate or encumber more than $20,000 in each fiscal year for any one department property.
NR 51.82 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. Register February 2012 No. 674, eff. 3-1-12.
NR 51.83 NR 51.83 Eligible projects. The department may award a grant for a project that meets all of the following requirements:
NR 51.83(1) (1)The project is for nature-based outdoor recreation as defined in s. NR 51.002 (19);
NR 51.83(2) (2)The project addresses unmet needs consistent with department approved plans for the property, unless the project is for a state trail managed and maintained by a governmental unit or other cooperator with a memorandum of agreement with the department;
NR 51.83(3) (3)The project is identified in a property's 6 year facilities plan, unless the project is described in s. NR 51.84 (2) (e) or the project is for a state trail managed and maintained by a governmental unit or other cooperator with a memorandum of agreement with the department; and
NR 51.83(4) (4)The project makes long-term capital improvements or installs durable equipment with an expected useful life of 20 years or more, unless it is described in s. NR 51.84 (2) (e).
NR 51.83 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.
NR 51.84 NR 51.84 Priorities.
NR 51.84(1)(1)Projects submitted by friends groups shall receive priority over projects submitted by nonprofit conservation organizations.
NR 51.84(2) (2)Priority shall be given to the following projects, not listed in order of priority:
NR 51.84(2)(a) (a) Projects where the stewardship grant leverages other funding in addition to the 50 percent sponsor match.
NR 51.84(2)(b) (b) Projects that expand recreation opportunities.
NR 51.84(2)(c) (c) Projects that address public health, environmental, safety or security problems.
NR 51.84(2)(d) (d) Capital improvement projects that expand or improve environmental education, interpretation programs, or outdoor skills development.
NR 51.84(2)(e) (e) Habitat restoration projects that are consistent with approved plans governing the management of the property.
NR 51.84(3) (3)The department may consider the following additional factors when awarding grants for projects on property owned and managed by the department:
NR 51.84(3)(a) (a) Whether the project enhances or is cooperative with a department capital improvement.
NR 51.84(3)(b) (b) Whether the capital improvement or durable equipment project supports volunteer-based user services.
NR 51.84 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (3) (intro.) Register February 2012 No. 674, eff. 3-1-12.
NR 51.85 NR 51.85 Application and grant award procedures.
NR 51.85(1)(1)Applications for stewardship grants under this subchapter shall be submitted to the department property manager on forms provided by the department. Applications shall include a detailed description of the proposed project, a cost estimate, timetable and other information required by the department.
NR 51.85 Note Note: A copy of the application form may be obtained from the DNR, Bureau of Parks and Recreation, Box 7921, Madison 53707.
NR 51.85(2) (2)The department shall establish one or two application deadlines each year and shall evaluate and prioritize applications received by those deadlines according to the priorities in this subchapter. The department shall allocate funds to projects based upon their priority until all funding is exhausted. Sponsors whose projects are not funded will receive an explanation of eligibility or priority ranking results. Sponsors may request that their projects be reconsidered in another fiscal year if the project is eligible for funding. Resubmissions will be judged without prejudice or preferential priority.
NR 51.85(3) (3)Sponsors shall develop grant applications cooperatively with the department property manager.
NR 51.85(4) (4)The department is responsible for any environmental analyses, historical or cultural assessments, permits, and miscellaneous approvals required to implement the project. Friends groups may not begin work until all applicable permits have been obtained.
NR 51.85(5) (5)The department may award grants for up to 50 percent of project costs. The sponsor shall provide the other 50 percent of project costs. Up to 50 percent of the sponsor's share of project costs may be donated materials, equipment, services and labor, according to the provisions in s. NR 51.09 (1) (c).
NR 51.85(6) (6)The department may advance up to 100 percent of the grant award to the sponsor once the sponsor has signed the grant agreement and returned it to the department. The department shall only provide one advance to a sponsor for each grant awarded under this subchapter. If the department does not provide an advance totaling 100 percent of the grant award, a sponsor may request partial reimbursement from the department of the grant award balance only after that sponsor has submitted to the department all documentation to justify costs associated with the expenditure of the entire advance. Sponsors requesting partial reimbursement shall do so in increments of not less than ten percent of the total grant award. Sponsors shall provide adequate documentation in support of their partial reimbursement request before the department considers the request. Sponsors may submit partial reimbursement requests to the department at any time after an advance is issued and before submitting a final report for the project.
NR 51.85(7) (7)Sponsors may complete projects in up to 3 phases and funded for a maximum of 3 fiscal years, subject to the project's annual priority ranking and availability of funds. No sponsor may receive more than $60,000 under this subchapter for any one project that is completed in phases. A sponsor shall complete a usable component of the project at the end of each phase. The department shall require that one phase be completed and that grant closed out before it awards a grant for the next phase.
NR 51.85(8) (8)Each sponsor that receives a grant under this subchapter shall maintain accurate and complete financial records of project expenses in accordance with generally accepted accounting principles and practices. A final report, which documents project expenses, shall be submitted to the department property manager within 90 days of the completion of the project or by the end date indicated in the grant agreement, whichever is sooner. Upon completion and submittal of the final grant report, the department shall reimburse remaining grant funds for which the sponsor is eligible. If expenses for the project are less than estimated, the sponsor shall return any unused advance with the final report. Sponsors that have not submitted a final report or returned unused advances within 90 days of the completion of the project or by the end date indicated in the grant agreement will not be eligible for new grant awards under this chapter until the past-due grant is closed out.
NR 51.85 Note Note: Copies of the department's financial reporting requirements and forms are available from the DNR, Bureau of Community Financial Assistance, Box 7921, Madison, WI 53707.
NR 51.85 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (1) to (4), (6) to (8) Register February 2012 No. 674, eff. 3-1-12; CR 13-022: am. (4) Register March 2014 No. 699, eff. 4-1-14.
subch. X of ch. NR 51 Subchapter X — Baraboo Hills
NR 51.880 NR 51.880 Purpose. The purpose of this subchapter is to establish standards and procedures for implementation of a grant program to acquire property under s. 23.0917 (4m), Stats. Grants shall be used only to acquire property for conservation purposes in the Baraboo hills.
NR 51.880 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. Register February 2012 No. 674, eff. 3-1-12.
NR 51.881 NR 51.881 Applicability. This subchapter is applicable to governmental units and nonprofit conservation organizations, lake sanitary districts as defined in s. 30.50 (4q), Stats., and public inland lake protection and rehabilitation districts applying for grants for the acquisition of property for the purposes set forth in s. 23.0917 (4m), Stats.
NR 51.881 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.
NR 51.882 NR 51.882 Definitions. In addition to the definitions in s. NR 51.002, the following definition applies to this subchapter: “Baraboo hills" means the area within the boundaries of the Baraboo Range national natural landmark, as officially designated by the U.S. national park service as of March 29, 1999.
NR 51.882 Note Note: A map showing the boundaries of the Baraboo Range national natural landmark is available from the DNR, Bureau of Community Financial Assistance, Box 7921, Madison, WI 53707.
NR 51.882 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. Register February 2012 No. 674, eff. 3-1-12.
NR 51.883 NR 51.883 Application and grant award procedures.
NR 51.883(1)(1)Sponsors shall submit applications on the prescribed department form. The department may consider applications as they are submitted year-round, to the extent that funds are available, or if substantially oversubscribed for available funding, the department may establish application deadlines in order to evaluate and prioritize competing applications.
NR 51.883(2) (2)Grants for the acquisition of property shall be distributed according to the standards and priorities in this subchapter.
NR 51.883(3) (3)Grants shall be awarded for any amount up to 100 percent of the purchase price paid by the sponsor plus eligible acquisition costs, or the fair market value of property plus eligible acquisition costs, whichever is less.
NR 51.883(4) (4)If a sponsor accepts a grant for any amount less than 100 percent of the fair market value of the property plus eligible acquisition costs, the remaining value shall be certified as matching property acquisition under sub. (7) (b).
NR 51.883(5) (5)Acquisition of eligible property may occur at any time on or after October 29, 1999.
NR 51.883(6) (6)The department shall provide a grant contract to the successful sponsor that shall be signed by both the department and the sponsor before any funds can be released to the sponsor.
NR 51.883(7) (7)Grants may not be awarded until the following 2 criteria are met:
NR 51.883(7)(a) (a) The Wisconsin department of transportation has certified to the department that highway construction that will result in at least 4 traffic lanes has begun on the portion of USH 12 between the city of Middleton and the village of Sauk City.
NR 51.883(7)(b) (b) Matching property acquisition of sufficient valuation to equal or exceed the value of any grants given through this program shall be certified by the department according to department appraisal guidelines. Matching property acquisition shall meet the following requirements:
NR 51.883(7)(b)1. 1. The acquisition shall provide for the perpetual protection of the conservation values of the matching property.
NR 51.883(7)(b)2. 2. The funds used for the acquisition shall be federal non-transportation funds, governmental unit funds or nonprofit conservation organization funds.
NR 51.883(7)(b)3. 3. The acquisition shall be in the Baraboo hills.
NR 51.883(7)(b)4. 4. The acquisition shall have closed on or after October 29, 1999.
NR 51.883 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (1), (3), (6), (7) (b) 1. Register February 2012 No. 674, eff. 3-1-12.
NR 51.884 NR 51.884 General provisions.
NR 51.884(1)(1)In order to be eligible for funding under this subchapter, acquisition of property shall:
NR 51.884(1)(a) (a) Be located in the Baraboo hills. Property located within the acquisition boundary of any state park or state-owned natural area as of March 29, 1999, is not eligible for grants under this subchapter.
NR 51.884(1)(b) (b) Provide for the perpetual protection of the conservation values of the property. Temporary agreements do not qualify for funding.
NR 51.884(1)(c) (c) Contribute to protection of the forest resource in the Baraboo hills.
NR 51.884(1)(d) (d) Be from willing sellers.
NR 51.884(2) (2)Property that is forested at the time of acquisition shall be maintained as forest. Forested lands may only be commercially harvested for timber in accordance with a forest management plan. If the property is acquired in fee by the sponsor, the forest management plan shall be approved by the department. If the acquisition is for an easement, the easement shall provide that if the landowner chooses to do forest management, it shall be done in accordance with a forest management plan approved by the party acquiring the easement.
NR 51.884(3) (3)An easement acquired with grant funds may not prohibit the landowner from the future conversion of any unforested portions of the land to forest land appropriate to the site.
NR 51.884(4) (4)The application shall include a comprehensive description of the sponsor's plans for future monitoring and management of the property.
NR 51.884(5) (5)Property acquired under the Baraboo hills grant program may not be converted to uses other than conservation.
NR 51.884 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (1) (a) Register February 2012 No. 674, eff. 3-1-12.
NR 51.885 NR 51.885 Priorities.
NR 51.885(1)(1)The department shall select property for financial assistance in accordance with the following priorities that are not listed in order of priority:
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.