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NR 50.21(6)(g) (g) Acquisition of fee simple title to property from a willing seller when the objective of the acquisition cannot be accomplished by acquisition of an easement or by other means;
NR 50.21(6)(h) (h) Construction of new trails on state, county, municipal or private lands where a recreational need for this construction is shown;
NR 50.21(6)(i) (i) Construction of new trails crossing federal lands only where necessary and required by the state comprehensive outdoor recreation plan, approved by the department and the administering federal agency or agencies charged with administering all impacted lands and consistent with applicable federal land management plans and policies.
NR 50.21(7) (7)Ineligible projects. National recreational trails program funds may not be used for the following:
NR 50.21(7)(a) (a) Condemnation of any kind of interest in property;
NR 50.21(7)(b) (b) Construction of any motorized trail on national forest lands unless the lands have been allocated for uses other than wilderness by a forest land and resource management plan approved by the U. S. forest service or have been released to uses other than wilderness by an act of congress and the construction is consistent with management direction in the national forest land and resource management plan.
NR 50.21(7)(c) (c) Upgrading, expanding or otherwise facilitating motorized use or access to trails predominately used by non-motorized trail users, and as of May 1, 1991 motorized use is either prohibited or has not occurred.
NR 50.21(7)(d) (d) As otherwise noted in 16 USC 1261 (e) (2).
NR 50.21(8) (8)Priorities. The department shall establish a project priority list based on the following factors to select projects for financial assistance:
NR 50.21(8)(a) (a) For motorized projects;
NR 50.21(8)(a)1. 1. The type of trail project is given preference in the following ranked order: trail rehabilitation project, trail maintenance project, trail development project and trail acquisition project.
NR 50.21(8)(a)2. 2. The trail sponsor has or can demonstrate the ability to carry out a trail project.
NR 50.21(8)(a)3. 3. The trail project will promote safe trail use.
NR 50.21(8)(a)4. 4. The degree to which the trail project will utilize volunteer or non-traditional labor and donations of materials and equipment.
NR 50.21(8)(a)5. 5. The trail provides for more than one motorized activity.
NR 50.21(8)(a)6. 6. The trail provides for year around trail use.
NR 50.21(8)(a)7. 7. The trail links with other trails to form a trail system or leads to a trail system.
NR 50.21(8)(a)8. 8. The trail project is located on land where control of the trail corridor is long term.
NR 50.21(8)(b) (b) For non-motorized projects;
NR 50.21(8)(b)1. 1. The type of trail project is given preference in the following ranked order: trail rehabilitation project, trail maintenance project, trail development project and trail acquisition project.
NR 50.21(8)(b)2. 2. The trail sponsor has or can demonstrate the ability to carry out a trail project.
NR 50.21(8)(b)3. 3. The trail project will promote safe trail use.
NR 50.21(8)(b)4. 4. The degree to which the trail project will utilize volunteer or non-traditional labor and donations of materials and equipment.
NR 50.21(8)(b)5. 5. The trail project is located close to high population areas.
NR 50.21(8)(c) (c) For multiple or compatible use projects;
NR 50.21(8)(c)1. 1. The type of trail project is given preference in the following ranked order: trail rehabilitation project, trail maintenance project, trail development project and trail acquisition project.
NR 50.21(8)(c)2. 2. The trail project will promote safe trail use.
NR 50.21(8)(c)3. 3. The degree to which the trail project will utilize volunteer or non-traditional labor and donations of materials and equipment.
NR 50.21(8)(c)4. 4. The trail project will provide for the greatest number of compatible trail uses.
NR 50.21(8)(c)5. 5. The trail project will provide for the greatest number of other outdoor recreational uses in addition to trail use.
NR 50.21(8)(c)6. 6. The trail project will resolve conflict between historically conflicting trail uses.
NR 50.21(8)(c)7. 7. The trail project will provide for innovative recreational trail corridor sharing to accommodate motorized and non-motorized trail use.
NR 50.21(8)(c)8. 8. The trail project is located close to high population areas.
NR 50.21(9) (9)Applications and grant award procedures.
NR 50.21(9)(a)(a) Applicants for national recreational trails program funds shall submit applications on the prescribed department form to the appropriate district office by May 1 of each year.
NR 50.21 Note Note: Application forms and instructions are available from department district offices.
NR 50.21(9)(b) (b) The department shall evaluate completed applications to determine which applicants will receive grants according to priorities in sub. (8).
NR 50.21(9)(c) (c) Successful applicants shall be notified by the department and sent a project agreement. Development or maintenance work under the project agreement may not proceed until the agreement is signed by the department and the applicant.
NR 50.21(10) (10)Role of state trails council. The state trails council shall provide guidance on the administration of the national recreational trails program and rules to implement the program.
NR 50.21 History History: Cr. Register, November, 1993, No. 455, eff. 12-1-93; corrections in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; correction in (3) (c) made under s. 13.93 (2m) (b) 7., Stats., Register May 2003 No. 569; correction in (3) (a) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688.
NR 50.23 NR 50.23 Wildlife damage control grants for urban areas.
NR 50.23(1)(1)Applicability. This section is applicable to municipalities in urban areas applying for grants under s. 29.887, Stats.
NR 50.23(2) (2)Definitions. In this section:
NR 50.23(2)(a) (a) “Municipality" means a town, city, village, county or tribal government.
NR 50.23(2)(b) (b) “Urban area" means any area designated pursuant to s. 86.196 (1) (c), Stats.
NR 50.23(3) (3)Cost sharing grants. Municipalities in urban areas may apply for cost-sharing grants for cost-effective wildlife abatement and control measures. The department may award matching grants for up to 50 percent of the department approved costs of the projects. No grant may exceed $5,000 in any fiscal year.
NR 50.23(4) (4)Eligible species. Only projects addressing white-tailed deer or Canada geese are eligible for grants.
NR 50.23 Note Note: Projects addressing Canada goose removal or control shall comply with applicable federal regulations.
NR 50.23(5) (5)Eligible practices. Municipalities may apply for a grant for 50 percent of the cost to do any of the following:
NR 50.23(5)(a) (a) Develop an urban wildlife population control plan.
NR 50.23(5)(b) (b) Monitor wildlife populations and establish population estimates.
NR 50.23(5)(c) (c) Remove deer under a department approved project which uses sharpshooters.
NR 50.23(5)(d) (d) Trap and translocate deer and geese.
NR 50.23(5)(e) (e) Implement managed hunts.
NR 50.23(5)(f) (f) Remove resident Canada geese by methods approved by the department.
NR 50.23(5)(g) (g) Perform required health and tissue sampling.
NR 50.23(5)(h) (h) Process, distribute or dispose of geese or deer to a charitable organization.
NR 50.23(5)(i) (i) Modify habitat.
NR 50.23(5)(j) (j) Implement any other wildlife control or damage abatement practices approved by the department.
NR 50.23(6) (6)Application and grant award.
NR 50.23(6)(a) (a) Applicants for grants from the urban wildlife damage program shall submit applications to the appropriate department regional office no later than December 1 of each year on forms prescribed by the department.
NR 50.23 Note Note: Regional offices locations are as follows:
NR 50.23 Note DNR, NER Headquarters, 1125 Military Avenue, PO Box 10448, Green Bay, WI 54307-0448;
NR 50.23 Note DNR, NOR Headquarters, 810 W. Maple Street, Spooner, WI 54801;
NR 50.23 Note DNR, SCR Headquarters, 3911 Fish Hatchery Road, Fitchburg, WI 53711;
NR 50.23 Note DNR, SER Headquarters, 2300 N. Dr. Martin Luther King Jr. Dr., PO Box 12436, Milwaukee, WI 53212;
NR 50.23 Note DNR, WCR Headquarters, 1300 West Clairemont Avenue, P.O. Box 4001, Eau Claire, WI 54702.
NR 50.23 Note Additional information is available from the DNR Bureau of Community Financial Assistance, PO Box 7921, Madison, WI 53707.
NR 50.23(6)(b) (b) The department shall notify successful grant applicants and send them a grant agreement. Development and implementation of the applicant's population control plan may not proceed until the grant agreement is signed by the applicant and the department.
NR 50.23(7) (7)Grant conditions.
NR 50.23(7)(a) (a) Applicants shall agree in the application to develop an urban wildlife population control plan approved by the department. The plan shall be completed within one year of the date of the signed grant agreement. This control plan shall include all of the following:
NR 50.23(7)(a)1. 1. A description of the public input process conducted by the municipality in establishing the need for urban wildlife population control.
NR 50.23(7)(a)2. 2. Description of need for urban wildlife population control. Need may include public concern about nuisance, health, human safety, property or crop damage.
NR 50.23(7)(a)3. 3. A description of population monitoring procedures used to establish estimates of local deer or goose numbers.
NR 50.23(7)(a)4. 4. A desired population management goal.
NR 50.23(7)(a)5. 5. A description of the approved control methods.
NR 50.23(7)(a)6. 6. Other information required by the department.
NR 50.23(7)(b) (b) The department shall consider the following criteria when awarding grants:
NR 50.23(7)(b)1. 1. The extent that the application addresses prevention and abatement of wildlife damage to human safety, health or property.
NR 50.23(7)(b)2. 2. The extent that the application addresses prevention and abatement of nuisance wildlife problems not addressed in subd. 1.
NR 50.23(7)(b)3. 3. The extent that the application includes long-term solutions to wildlife problems such as habitat modification or adopting a no wildlife feeding ordinance.
NR 50.23(7)(b)4. 4. The cost effectiveness of practices.
NR 50.23(7)(b)5. 5. The severity of the wildlife damage or nuisance problem being addressed by the application.
NR 50.23(7)(b)6. 6. The likelihood of preventing the specified damage or nuisance.
NR 50.23(7)(b)7. 7. The municipality's compliance with s. 29.038, Stats., and other department administered laws, rules and programs.
NR 50.23(8) (8)Payment.
NR 50.23(8)(a) (a) Grantees shall comply with all applicable laws and regulations including chs. NR 12, 19 and 50 and ss. 29.885, 29.887 and 29.889, Stats., unless otherwise provided under this chapter.
NR 50.23(8)(b) (b) The department may pay 50 percent of the grant amount to municipalities at the time the grant agreement is signed and executed if requested by the municipality.
NR 50.23(8)(c) (c) If municipalities do not use the grant to develop or implement a department approved wildlife control plan, they shall repay the department their grant money that was not spent or that was inappropriately spent plus interest at 5 percent annually accrued within 3 years of the date the grant agreement was executed.
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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.