Scope Statements
Natural Resources
Fish, Game, etc., Chs. NR 1
Subject
Revises Chapter NR 51, Wis. Adm. Code, relating to the administration of grants provided through the Knowles- Nelson Stewardship Program.
Objective of the Rule
The Stewardship program was reauthorized in the 2007-09 biennial budget (2007 Wis. Act 20). Chapter NR 51 has not been reviewed or updated to reflect changes, modifications or housekeeping needs to the Stewardship Grants program since 2001, which was just after Stewardship was reauthorized last time.
In addition, 2007 Wis. Act 20 created a new “Grants to counties for land acquisition" subprogram; new rules for this new program will be incorporated into ch. NR 51.
Policy Analysis
Chapter NR 51, Wis. Adm. Code, needs to be updated to reflect any changes made to the grants provisions of the reauthorized Knowles Nelson Stewardship Program. This includes developing grant criteria and eligibility requirements for the new county grants program created in 2007 Wis. Act 20. This new provision allows counties, under certain circumstances, to apply for stewardship grants where funding for the grant would come from General Acquisition Funds.
This section of the statutes reads:
“23.0953 Grants to counties for land acquisition. (1) In this section, “nature-based outdoor recreation" has the meaning given by the department by rule under s. 23.0917 (4) (f).
(2) (a) Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department shall establish a grant program under which the department may award a grant to a county for any of the following:
1. Acquisition of land for a county forest under s. 28.11.
2. Acquisition of land for a project that promotes nature-based outdoor recreation or conservation and for which the department is requesting the county's assistance.
(b) Grants under this section shall be awarded from the appropriation under s. 20.866 (2) (ta), and, for purposes of s. 23.0917, shall be treated as moneys obligated from the subprogram under s. 23.0917 (3).
(3) Each county receiving a grant under this section shall provide matching funds that equal at least 50 percent of the acquisition costs.
(4) A county may not convert the land, or any rights in the land, acquired with grant moneys awarded under sub. (2) (a) 2. to a use that is inconsistent with the type of nature-based outdoor recreation or conservation activity for which the grant was awarded unless the natural resources board approves the conversion."
The expected modifications and housekeeping changes involving existing NR 51 are expected to be minor and no proposals for major changes to the rule are anticipated.
Statutory Authority
Sections 23.0917, 23.0916, 23.9165 (Warren Knowles- Gaylord Nelson stewardship 2000 program) and 23.0953 (Grants to counties for land acquisition), Wis. Stats.
Comparison with Federal Regulations
There are no existing or proposed federal regulations that govern the administration of the Knowles-Nelson Stewardship grant programs.
Entities Affected by the Rule
Entities eligible for Stewardship Grants include: cities, villages, towns, counties, lake sanitary districts as defined in s.30.50 (4q), Wis. Stats., and public inland lake protection and rehabilitation districts; and nonprofit conservation organizations as defined in s. 23.0955 (1), Wis. Stats. All of these entities are affected by this rule and they will have varying levels of interest in any modifications of existing rule language. The counties and the Wisconsin County Forests Association will be very interested in the development of the new subchapter for grants to counties. The Stewardship Advisory Council will also work with the Department on proposed rule changes.
Estimate of Time Needed to Develop the Rule
The Department anticipates spending approximately 1,000 hours of existing staff time for rule revision. This time includes meeting with the Stewardship Advisory Council, drafting the rule, taking the rule to statewide public hearings, preparation for meetings with the Natural Resources Board, legislative review, and rule adoption. The reauthorized Stewardship Program takes effect on July 1, 2010 and I expect this rule process to be completed by then.
Contact Information
Amy Bradley, Stewardship Local Assistance Grant
  Manager
DNR — Bureau of Facilities and Land
P.O. Box 7921
Madison, WI 53707
608-267-0497
Kim Wright, Stewardship NCO Grant Manager
DNR — Bureau of Facilities and Land
P.O. Box 7921
Madison, WI 53707
608-266-0868
Public Instruction
Subject
Revises Chapter PI 8, relating to waiver of school hours specified under s. 121.02 (1) (f) 2., Stats.
Objective of the Rule
As required in 2009 Wisconsin Act 42, the proposed rules will establish criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s. 121.02 (1) (f) 2., Stats., to address either of the scenarios listed below.
Policy Analysis
2009 Wisconsin Act 42 allows exemptions for school boards in meeting the 180 school day requirement by: 1) allowing a school district administrator to close a school due to a threat to the health or safety of pupils or school personnel, but not including inclement weather, unless the school board determines otherwise and 2) allowing the department of health services (in addition to a local health officer) to close a school. The Act also requires the department to promulgate rules establishing criteria for waiving the number of hours required of direct pupil instruction specified under s. 121.02 (1) (f) 2., Stats., if a school is closed for either reason stated above.
Statutory Authority
Section 118.38 (2) (bm), Stats.
Comparison with Federal Regulations
N/A
Entities Affected by the Rule
School districts.
Estimate of Time Needed to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed to create the rule language itself will be minimal. However, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than six months to complete.
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