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ATCP 50.26 Note Note: The department establishes priorities for funding based on the criteria in s. ATCP 50.30.
ATCP 50.26(2)(b) (b) The amount of funding requested for activities under par. (a), including staff salaries and fringe benefits, contractor fees, training, and eligible support costs.
ATCP 50.26 Note Note: See s. ATCP 50.32 related to annual staffing grants. Contractor fees include costs to hire independent contractors such as engineers, nutrient management planners, computer specialists, information and education specialists, and other consultants who work for the county land conservation committee but are not county employees.
ATCP 50.26(3) (3)Funding for conservation practices. A county land conservation committee may request funding for cost-share grants to install conservation practices. The request shall include all of the following:
ATCP 50.26(3)(a) (a) The purposes for which the county proposes to award cost-share grants to landowners.
ATCP 50.26(3)(b) (b) The amount of funding requested for cost-share grants to landowners.
ATCP 50.26 Note Note: See s. ATCP 50.34 related to funding for conservation practices.
ATCP 50.26(4) (4)Other information. A county land conservation committee may include, with its grant application under sub. (1), any other information that the committee wishes to provide in support of its grant application. The department may ask the committee to provide additional information as necessary.
ATCP 50.26 Note Note: Under s. 92.14 (10), Stats., the department may award a grant to any person (not just a county) for information, education, training, and other services related to the administration of this chapter. Grant applicants must apply by April 15 of each year for funding in the next calendar year. See s. ATCP 50.36.
ATCP 50.26 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (2) (a) Register February 2014 No. 698, eff. 5-1-14.
ATCP 50.28 ATCP 50.28Annual grant allocation plan.
ATCP 50.28(1) (1) Plan required. The department shall allocate grants under this chapter according to an annual grant allocation plan. The secretary shall approve the grant allocation plan. The plan shall specify, for the next calendar year, all of the following:
ATCP 50.28(1)(a) (a) The total amount available to the department for possible allocation under the plan, including the subtotal amount from each of the following sources:
ATCP 50.28(1)(a)1. 1. General purpose revenues appropriated under s. 20.115 (7) (c), Stats.
ATCP 50.28(1)(a)2. 2. Segregated fund revenues appropriated under s. 20.115 (7) (qd), Stats.
ATCP 50.28(1)(a)3. 3. Bond revenues appropriated under s. 20.866 (2) (we), Stats.
ATCP 50.28(1)(a)4. 4. Other legislative appropriations.
ATCP 50.28(1)(a)5. 5. Gifts and grants accepted under s. 92.05 (2) (a), Stats.
ATCP 50.28(1)(b) (b) The total amount allocated under the plan, and the subtotal amount allocated from each of the sources identified under par. (a).
ATCP 50.28(1)(c) (c) The amounts allocated to counties for annual staffing grants under s. ATCP 50.32. This shall include all of the following:
ATCP 50.28(1)(c)1. 1. The total amount allocated to counties under s. ATCP 50.32, and the subtotal amount allocated from each relevant fund source under par. (a).
ATCP 50.28(1)(c)2. 2. The total amount allocated to each county, and the subtotal amount allocated to that county from each relevant fund source under par. (a).
ATCP 50.28(1)(c)3. 3. An explanation for the allocations, including any material differences in allocations between counties.
ATCP 50.28 Note Note: The department must prepare an environmental assessment on its annual grant allocation plan, and may explain grant allocations in the environmental assessment. See s. ATCP 3.02 (1) (h).
ATCP 50.28(1)(d) (d) The amounts allocated to counties under s. ATCP 50.34 to fund conservation practices by landowners. This shall include all of the following:
ATCP 50.28(1)(d)1. 1. The total amount allocated to counties under s. ATCP 50.34, and the subtotal amount allocated from each relevant fund source under par. (a).
ATCP 50.28(1)(d)2. 2. The total amount allocated to each county, and the subtotal amount allocated to that county from each relevant fund source under par. (a).
ATCP 50.28(1)(d)3. 3. An explanation for the allocations, including any material differences in allocations between counties.
ATCP 50.28 Note Note: The department may explain its allocations in the environmental assessment that accompanies the allocation plan. See s. ATCP 3.02 (1) (h).
ATCP 50.28(1)(e) (e) The amount allocated to each grant recipient under s. 92.14 (10), Stats., if any, and an explanation for each allocation.
ATCP 50.28 Note Note: The department normally awards grants under this chapter only to counties. But under s. 92.14 (10), Stats., the department may also award grants to other persons for information, education, training, and other services related to the administration of this chapter. See s. ATCP 50.35 (2) for the application process.
ATCP 50.28(2) (2)Preparing the plan.
ATCP 50.28(2)(a)(a) The department shall prepare an annual grant allocation plan under sub. (1) for each calendar year. The department shall prepare the plan with DNR after reviewing county grant applications under s. ATCP 50.26.
ATCP 50.28 Note Note: The department and DNR must prepare a joint grant allocation plan under ss. 92.14, 281.65, and 281.66, Stats. DATCP will prepare its portion of the joint allocation plan according to this section. DATCP and DNR will jointly submit their portions of the annual grant allocation plan to the LWCB for its recommendations. The DATCP and DNR secretaries will then approve their agencies' respective portions of the joint plan. Although neither agency is legally empowered to veto or modify the other agency's portion of the plan, the agencies will strive for agreement on the joint plan.
ATCP 50.28(2)(b) (b) The department shall do all of the following before the department adopts an annual grant allocation plan:
ATCP 50.28(2)(b)1. 1. Provide a preliminary draft plan to DNR, the LWCB, and every county land conservation committee.
ATCP 50.28 Note Note: The department will normally provide a preliminary draft plan to DNR, the LWCB, and the county land conservation committees by August 1 of the year preceding the calendar year to which the plan applies.
ATCP 50.28(2)(b)2. 2. Obtain LWCB recommendations on the annual grant allocation plan, as required under s. 92.14 (6) (b) and (d), Stats. At least 30 days before the department obtains the LWCB's final recommendations, the department shall provide to DNR, the LWCB, and every county land conservation committee a copy of the draft plan on which the department seeks the LWCB's final recommendations.
ATCP 50.28 Note Note: If the department makes material revisions to the preliminary draft plan before seeking final LWCB recommendations, the department will re-issue the revised draft at least 30 days before the LWCB makes its recommendations.
ATCP 50.28(2)(c) (c) The department shall adopt an annual grant allocation plan by December 31 of the year preceding the calendar year to which the plan applies. The final plan may include changes recommended by the LWCB, as well as updated estimates of project costs. The department shall provide copies of the allocation plan to DNR, the LWCB, and every county land conservation committee. The department shall report to the LWCB any changes that the department makes to the allocation plan recommended by the LWCB.
ATCP 50.28(3) (3)Ineligible counties. The department may not award a county grant under this chapter if any of the following apply:
ATCP 50.28(3)(a) (a) The county has failed to adopt a county land and water resource management plan under s. ATCP 50.12 (1), or lacks current department approval for that plan under s. ATCP 50.12 (5).
ATCP 50.28(3)(b) (b) The county has failed to submit an annual grant application required under s. ATCP 50.26.
ATCP 50.28 Note Note: The department may reduce or withhold funding to counties that fail to file timely grant applications or reports, or fail to comply with other requirements under this chapter. See ss. ATCP 50.18 (2), 50.30 (3) and 50.36 (3).
ATCP 50.28(4) (4)Grant priorities. When preparing an annual grant allocation plan under sub. (1), the department shall consider the grant priorities under s. ATCP 50.30.
ATCP 50.28(5) (5)Revising an allocation plan.
ATCP 50.28(5)(a)(a) The department may revise an annual grant allocation plan after it adopts that plan under sub. (1). The secretary shall approve every plan revision. A revision may do any of the following:
ATCP 50.28(5)(a)1.a.a. Extend county funding for landowner cost-share contracts funded but not completed in the preceding grant year, provided that the cost-share contracts were signed by December 31 of the preceding grant year. Extensions shall comply with s. ATCP 50.34 (6).
ATCP 50.28(5)(a)1.b. b. Extend any grant contracts, except staffing grants under s. ATCP 50.32, funded but not completed in the preceding grant year, provided that the grant recipient requests the extension by December 31 of the preceding grant year and the department has not previously extended funding for the same contract from one grant year to another grant year. Extensions of projects funded under s. 92.14 (10), Stats., shall comply with s. ATCP 50.35 (3).
ATCP 50.28 Note Note: The department will normally grant funding extensions under subd. 1. by April 30 of each grant year, based on extension requests filed by December 31 of the preceding grant year. See s. ATCP 50.34 (6). Staffing grants may not be extended into the next calendar year.
ATCP 50.28(5)(a)2. 2. Increase the total grant to any county. The department shall give all counties notice and equal opportunity to compete for funding increases other than increases due to extensions under subd. 1., voluntary transfers of cost-share funds from one county to another county under subd. 5., and re-allocations of cost-share funds by the department under subd. 5. from a reserve established in the annual allocation plan. The department shall make any revisions in compliance with the requirements in par. (b).
ATCP 50.28(5)(a)3. 3. Reduce a grant award to any county. The department shall give all counties notice and an opportunity to comment for funding decreases other than those resulting from the voluntary transfer of funds from one county to another county. The department shall make any revisions in compliance with the requirements in par. (b).
ATCP 50.28(5)(a)4. 4. Reallocate a county's annual grant between grant categories, to the extent authorized by law and with the county's agreement.
ATCP 50.28(5)(a)5. 5. Approve the voluntary transfers of cost-share funds from one county to another county, or re-allocations of funds by the department from a reserve established in the annual allocation plan. Inter-county transfers shall comply with s. ATCP 50.34 (5m).
ATCP 50.28 Note Note: The department will not prepare an environmental assessment on a plan revision unless the revision materially alters the original environmental assessment. The department will not ordinarily prepare an environmental assessment on a plan revision consisting solely of contract funding extensions under par. (a) 1.
ATCP 50.28(5)(b) (b) The department shall do all of the following before it revises an annual grant allocation plan, if required under par. (a):
ATCP 50.28(5)(b)1. 1. Give written notice, and a copy of the proposed revision, to the LWCB, DNR, and every county land conservation committee. The notice shall clearly identify and explain the proposed revision.
ATCP 50.28(5)(b)2. 2. Obtain LWCB recommendations as required under s. 92.14 (6) (b) and (d), Stats.
ATCP 50.28(5)(c) (c) The department shall notify the LWCB, no later than April 15 of the following year, of revisions made to the allocation plan based on transfers under par. (a) 5., re-allocations under par. (a) 4., and extensions of funds under par. (a) 1. The department shall keep records regarding the disposition of each transfer, reallocation, and extension requested.
ATCP 50.28(6) (6)Distributing grant funds. The department shall enter into a grant contract under s. ATCP 50.36 with each grant recipient identified in the grant allocation plan. The contract shall conform to the allocation plan signed by the secretary. The department shall pay out grant funds according to this chapter and the grant contract.
ATCP 50.28 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (5) (a) 1. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (1) (e), renum. (5) (a) 1. to 1. a., cr. (5) (a) 1. b., am. (5) (a) 2., 3., cr. (5) (a) 5., am. (5) (b) (intro.), cr. (5) (c) Register February 2014 No. 698, eff. 5-1-14.
ATCP 50.30 ATCP 50.30Grant priorities. When preparing an annual grant allocation plan under s. ATCP 50.28, the department shall consider all of the following:
ATCP 50.30(1) (1)County priorities. The department shall give high priority to maintaining county staff and project continuity. The department shall consider county priorities identified in the county grant application under s. ATCP 50.26 and in the county's approved land and water resource management plan under s. ATCP 50.12, and shall balance funding these priorities with those in sub. (2).
ATCP 50.30(2) (2)Statewide priorities. The department shall give priority to county or non-county projects that address statewide priorities identified by the department and DNR. These priorities may include:
ATCP 50.30(2)(a) (a) Farms that discharge pollutants to waters that DNR has listed pursuant to 33 USC 1313 and 40 CFR 130.7
ATCP 50.30 Note Note: The list of waters under par. (a) is also known as the “303(d) list of impaired waters."
ATCP 50.30(2)(b) (b) Farms that pose significant environmental risks based on failure to comply with nutrient management and other farm conservation standards.
ATCP 50.30(2)(c) (c) Farms discharging substantial pollution to waters of the state, including farms issued a DNR notice of intent under s. 281.20, Stats., or a DNR notice of discharge under ch. NR 243.
ATCP 50.30(2)(d) (d) Farms claiming farmland preservation tax credits under subch. IX of ch. 71, Stats., and subject to the soil and water conservation requirements under subch. V of ch. 91, Stats.
ATCP 50.30(2)(e) (e) Projects related to the control of soil erosion and nonpoint source pollution in which funding is based on the contribution of the activity to the overall pollution problem.
ATCP 50.30(2)(f) (f) Projects in which funding is coordinated among state agencies to maximize impacts in targeted areas.
ATCP 50.30 Note Note: The department may work with the DNR and other funding entities to identify sources of financial support to address locally-identified priorities that may not be adequately funded based on statewide priorities in sub. (2). The department may, for example, pursue grant priorities that do not adequately support installment of conservation practices on non-farm or forested land or the control of invasive species.
ATCP 50.30(3) (3)Other factors. The department may consider the following factors when determining grant allocation priorities:
ATCP 50.30(3)(a) (a) A county's demonstrated commitment to implementing the approved land and water resource management plan under s. ATCP 50.12, and the strength of the documentation supporting that plan.
ATCP 50.30(3)(b) (b) A county's demonstrated commitment and capacity to implement and maintain the farm conservation practices required under s. ATCP 50.04.
ATCP 50.30(3)(c) (c) The likelihood that funded activities will address and resolve high priority problems identified in approved county land and water resource management plans.
ATCP 50.30(3)(d) (d) The relative severity and priority of the soil erosion and water quality problems addressed.
ATCP 50.30(3)(e) (e) The relative cost-effectiveness of funded activities in addressing and resolving high priority problems.
ATCP 50.30(3)(f) (f) The extent to which funded activities are part of a systematic and comprehensive approach to soil erosion and water quality problems.
ATCP 50.30(3)(g) (g) The timeliness and completeness of plans, applications, and reports.
ATCP 50.30(3)(h) (h) The degree to which plans, applications, and reports meet applicable criteria, including the adequacy of performance measures.
ATCP 50.30(3)(i) (i) A county's demonstrated cooperation and commitment, including its commitment of staff and financial resources.
ATCP 50.30(3)(j) (j) A county's demonstrated ability to manage and implement funded projects.
ATCP 50.30(3)(k) (k) The degree to which funded projects contribute to a coordinated soil and water resource management program and avoid duplication of effort.
ATCP 50.30(3)(L) (L) The degree to which funded projects meet county soil and water resource management needs and state program requirements.
ATCP 50.30(3)(m) (m) The degree to which county activities implement the county's approved land and water resource management plan.
ATCP 50.30(3)(n) (n) The county's annual financial contribution for soil and water resource management programs, as last reported under s. ATCP 50.18 (1) (c).
ATCP 50.30(3)(o) (o) The need for award caps or other cost control measures to maximize funding available to meet conservation priorities or needs on agricultural lands.
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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.