Chapter NR 50

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 NR 50.06 LAWCON program.

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) (3) Allocation of funds.

NR 50.06(3)(a) (a) LAWCON funds apportioned to Wisconsin each fiscal year shall be allocated as follows:

NR 50.06(3)(a)1. 1. Fifty percent to local governments;

NR 50.06(3)(a)2. 2. Fifty percent to state agencies.

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) (4) General provisions.

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)1. 1. Projects which meet urban needs;

NR 50.06(4)(b)2. 2. Activities for the general public over those for a limited group;

NR 50.06(4)(b)3. 3. Basic over elaborate facilities;

NR 50.06(4)(b)4. 4. Participant over spectator facilities;

NR 50.06(4)(b)5. 5. Projects not having other public or private funds available to them;

NR 50.06(4)(b)6. 6. Projects where a scarcity of recreational land exists;

NR 50.06(4)(b)7. 7. Acquisition over development;

NR 50.06(4)(b)8. 8. Projects which may enhance or preserve natural beauty;

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)10. 10. Development, when possible, of areas previously acquired;

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)17. 17. Projects which serve a wide segment of the public;

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;

NR 50.06(4)(d)6. 6. Land for recreation trails; and

NR 50.06(4)(d)7. 7. Land for golf courses.

NR 50.06(4)(e) (e) Land development — eligible types of projects. Eligible types of projects for land development include:

NR 50.06(4)(e)1. 1. Observation and sightseeing facilities such as overlooks, turnouts and trails;

NR 50.06(4)(e)2. 2. Boating facilities, such as launching ramps and docks;

NR 50.06(4)(e)3. 3. Picnic facilities, including tables, fireplaces, shelters and paths;

NR 50.06(4)(e)4. 4. Camping facilities, including tent and trailer sites, tables and fireplaces;

NR 50.06(4)(e)5. 5. Swimming, bathing and water sports facilities, including beaches, swimming areas and swimming pools, guard towers and bathhouses;

NR 50.06(4)(e)6. 6. Fishing and hunting facilities, such as trails and fishing piers;

NR 50.06(4)(e)7. 7. Winter sports facilities, such as slopes and trails for sledding and tobogganing, cross-country ski trails, facilities for skating and snowmobiling;

NR 50.06(4)(e)8. 8. Urban recreation areas, such as neighborhood playgrounds, bicycling paths, walking or riding trails and participant sports facilities, including playing fields and tennis courts;

NR 50.06(4)(e)9. 9. Supporting facilities, including entrance and circulation roads, utility and sanitation systems, erosion control work, parking areas, toilet buildings and interpretive facilities where there is a permanent professional naturalist staff and the facilities are on the land being used for nature interpretation;

NR 50.06(4)(e)10. 10. Renovation or redevelopment of existing facilities or areas when the facilities or areas have received adequate and regular maintenance, yet have deteriorated to the point where their usefulness is impaired, or have become outmoded. Renovation or redevelopment may be undertaken to rebuild the facilities or areas into more useful forms;

NR 50.06(4)(e)11. 11. Beautification of areas may be undertaken provided that the beautification is not regular maintenance and that the site’s condition is not due to inadequate maintenance. Beautification may include landscaping to provide a more attractive environment, cleaning and restoration of areas which have been exploited, polluted, littered, etc., and screening, removal, relocation or burial of overhead wires;

NR 50.06(4)(e)12. 12. Playgrounds and recreation areas on public school grounds, provided that such recreation grounds and facilities being developed are in excess of those normally provided to meet minimum education requirements. In determining the eligibility of a project, a statement or schedule of the time the facility will be available to the public is required;

NR 50.06(4)(e)13. 13. Open shelters and multipurpose shelter buildings which support an outdoor recreation activity.

NR 50.06(4)(e)14. 14. Fences for the protection of park users, tennis court fences and ballfield fencing;

NR 50.06(4)(e)15. 15. Lighting for tennis courts, hockey rinks, games courts, ball fields, sports fields, multipurpose courts and safety lighting; and

NR 50.06(4)(e)16. 16. Outdoor swimming and wading pools.

NR 50.06(4)(f) (f) Development, acquisition or acquisition and development projects which generally will not be assisted include;

NR 50.06(4)(f)1. 1. Acquisition, restoration or preservation of historic structures;

NR 50.06(4)(f)2. 2. Development of areas and facilities to be used primarily for semiprofessional and professional arts and athletics;