This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
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.
ATCP 50.30(3)(p) (p) A county's commitment to meet department targets implementing the conservation practices established in the annual grant application.
ATCP 50.30(3)(r) (r) Other factors relevant to the administration of this chapter.
ATCP 50.30 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (1) (2) (intro.), (b) to (d), cr. (2) (e), (f), am. (3) (b), (g), (h), (m), renum. (3) (o) to (3) (r), cr. (3) (o), (p) Register February 2014 No. 698, eff. 5-1-14.
ATCP 50.32 ATCP 50.32Annual staffing grants to counties.
ATCP 50.32(1)(1) General. The department shall award an annual staffing grant to the county land conservation committee in each eligible county. With the department's written permission, a county conservation committee may reallocate staffing grant funds to another agency of the county, or to a city, village, town, county drainage board, lake district, or tribe operating in the county.
ATCP 50.32 Note Note: The department may award annual staffing grants from applicable appropriations under s. 20.115 (7), Stats. The department may not use bond revenue funds for county staffing grants.
ATCP 50.32(2) (2)Grant contract. The department shall distribute an annual staffing grant under sub. (1) according to an annual grant contract with the county. The contract shall comply with s. ATCP 50.36 and shall include all of the following:
ATCP 50.32(2)(a) (a) The total grant amount under sub. (1).
ATCP 50.32(2)(b) (b) The subtotal amount allocated from each relevant fund source under s. ATCP 50.28 (1) (a).
ATCP 50.32(2)(c) (c) Grant terms and conditions, including conditions required under this section.
ATCP 50.32 Note Note: Grant contracts, including grant amounts and fund sources, must conform to the grant allocation plan under s. ATCP 50.28. Bond revenues may not be used for staffing grants.
ATCP 50.32(3) (3)Use of annual staffing grants; general. A county may use an annual staffing grant under sub. (1) in the year for which the grant is made. The county may use the grant for any of the following purposes, subject to the terms of the grant contract:
ATCP 50.32(3)(a) (a) Employee salaries, employee fringe benefits, and contractor fees for county employees and independent contractors performing soil and water resource management activities for the county land conservation committee.
ATCP 50.32 Note Note: Soil and water resource management activities may include activities under this chapter, ch. 91, Stats., and s. 93.90, Stats., the CREP program activities and projects funded by DNR under ss. 281.65 and 281.66, Stats., and activities related to DNR notices of discharge under ch. NR 243.
ATCP 50.32 Note A county may contract with engineers, nutrient management planners, computer specialists, information and education specialists, consultants, and other independent contractors to work on behalf of the county land conservation committee. A county may use annual staffing grant funds to pay for the services of these independent contractors.
ATCP 50.32(3)(b) (b) Training for county employees and land conservation committee members to the extent authorized under sub. (3m).
ATCP 50.32(3)(c) (c) County employee support costs under sub. (4).
ATCP 50.32(3)(d) (d) Landowner cost-share grants, to the extent authorized under sub. (11).
ATCP 50.32(3m) (3m)Training costs. An annual staffing grant may pay for any of the following county employee and land conservation committee member training costs, including registration fees, travel, and materials:
ATCP 50.32(3m)(a) (a) Training in conservation planning and management, technical standards implementation, clerical assistance, computer usage, and communications.
ATCP 50.32(3m)(b) (b) Courses building skills to perform current responsibilities or develop professionally in the field of soil and water management.
ATCP 50.32(3m)(c) (c) Other training costs identified in the grant application for the grant year in which the funds are to be expended.
ATCP 50.32(4) (4)Staff support costs. An annual staffing grant may pay for any of the following county employee support costs identified in the grant application:
ATCP 50.32(4)(a) (a) Mileage expenses at the state rate. A staffing grant may not be used to lease or purchase a vehicle.
ATCP 50.32(4)(b) (b) Personal computers, software, printers, and related devices.
ATCP 50.32(4)(c) (c) A proportionate share of the costs for required financial and compliance audits.
ATCP 50.32(4)(d) (d) Costs for information and education materials, newsletters, office supplies, maps and plats, photocopying, printing, and postage. This does not include rent or capital expenditures.
ATCP 50.32(4)(e) (e) Other staff support costs that the department identifies, in the grant application form, as being reimbursable for all counties.
ATCP 50.32(5) (5)Grant amounts.
ATCP 50.32(5)(a)(a) The department may award different grant amounts to different counties under sub. (1), based on a consideration of factors identified in s. ATCP 50.30.
ATCP 50.32 Note Note: Subject to the availability of funds, the department may offer each county a minimum staffing grant amount specified in the annual grant application. See s. ATCP 50.26. In lieu of offering a minimum grant award, or in addition to such an award, the department may base awards on the grant priorities in s. ATCP 50.30. The department has legal discretion to adjust grant awards from year to year, based on any of those factors.
ATCP 50.32(5)(b) (b) The total grant amount reimbursed to a county for training and support costs may not exceed 10% of a county's annual grant allocation.
ATCP 50.32(6) (6)Grant payments.
ATCP 50.32(6)(a)(a) The department shall make grant payments under sub. (1) on a reimbursement basis. The department shall pay reimbursement within 30 days after the county land conservation committee files a valid reimbursement request under sub. (7). The department shall pay reimbursement, at the rate provided under sub. (8), on reimbursable expenditures identified in the reimbursement request. Total payments may not exceed the total grant award under sub. (1).
ATCP 50.32(6)(b) (b) The department may reimburse eligible costs that are incurred during the grant year and paid by January 31 of the year following the grant year. The department may not reimburse any costs incurred after December 31 of the grant year, or paid after January 31 of the following year. Unspent funds remain with the department, for distribution under a future annual allocation plan.
ATCP 50.32(6)(c) (c) If a county redirects the unused portion of an annual staffing grant for cost-share payments to landowners, as provided in sub. (11), the department shall reimburse county cost-share payments to landowners according to s. ATCP 50.34.
ATCP 50.32(7) (7)Reimbursement requests.
ATCP 50.32(7)(a)(a) To obtain a reimbursement payment under sub. (6) (a), a county land conservation committee shall file a reimbursement request on the form provided by the department. A county may file a reimbursement request on or after November 1 for costs incurred before November 1. A county may file a second reimbursement request for costs not covered by the first request. A county may file no more than 2 reimbursement requests, and shall file all reimbursement requests by February 15 of the year following the grant year.
ATCP 50.32 Note Note: The department does not provide paper copies of its grant forms. To obtain the most current program grant forms, including the form to request reimbursement from the department, counties should refer to the program's working manual on the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx.
ATCP 50.32(7)(b) (b) An authorized county representative shall sign each reimbursement request. The request shall certify that the county has fully paid the costs for which the county seeks reimbursement, and that those costs are eligible for reimbursement under this chapter and the grant contract.
ATCP 50.32(7)(c) (c) A reimbursement request shall specify the nature and amount of costs on which the county seeks reimbursement. If the county seeks reimbursement of employee salaries, employee fringe benefits, or independent contractor fees, the request shall specify all of the following for that employee or independent contractor:
ATCP 50.32(7)(c)1. 1. The position number of the employee, or the contract number of the independent contractor.
ATCP 50.32(7)(c)2. 2. The total amount of salaries and fringe benefits, or the total amount of contractor fees, on which the county seeks reimbursement.
ATCP 50.32(7)(c)3. 3. Whether the employee or independent contractor is a first, second, or subsequent position for purposes of s. 92.14 (3) and (5g), Stats.
ATCP 50.32(7)(c)4. 4. The amount of applicable matching funds provided to cover the county portion of salary and fringe benefits.
ATCP 50.32 Note Note: Counties can use various funding sources to meet their match requirement, including county levy, permit fees, private grants, federal grants, state funds other than those under chs. 92, 281, and 283, Stats., or any other qualifying source.
ATCP 50.32(7)(c)5. 5. The share of the employee or independent contractor costs that are attributable to other land and water resource management activities.
ATCP 50.32(7)(d) (d) If a county reallocates grant funds to a local government or tribe under sub. (1), the county shall submit reimbursement requests on behalf of that local government or tribe. The county shall submit and certify each reimbursement request according to this subsection, based on information that the local government or tribe certifies to the county. The department may reimburse the local government or tribe based on a valid county request under this paragraph.
ATCP 50.32 Note Note: A county land conservation committee need not submit documentation supporting its certification under sub. (7), but must keep that documentation on file as required by sub. (9). The committee must make the documentation available to the department and grant auditors upon request.
ATCP 50.32(8) (8)Reimbursement rate.
ATCP 50.32(8)(a)(a) The department shall reimburse eligible county costs for employee salaries, employee fringe benefits, and independent contractor fees at the rate provided under s. 92.14, Stats.
ATCP 50.32(8)(b) (b) The department may reimburse eligible county employee training and support costs at 100%, subject to sub. (5) (b).
ATCP 50.32(8)(c) (c) For the purpose of determining reimbursement rates under s. 92.14, Stats.:
ATCP 50.32(8)(c)1. 1. A county may choose which employees or independent contractors are considered the county's first, second, and subsequent staff persons.
ATCP 50.32(8)(c)2. 2. The department may reimburse eligible costs for the county's first designated staff person at 100%.
ATCP 50.32(8)(c)4. 4. Except as provided under subd. 2., the department may reimburse eligible staffing costs at the rate prescribed in s. 92.14 (5g) (a), Stats.
Loading...
Loading...
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.