NR 120.09 HistoryHistory: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02. NR 120.12NR 120.12 Nonpoint source grant agreement. NR 120.12(1)(1) Grant agreement. The nonpoint source grant agreement is an agreement entered into between the department and a grantee, consisting either of a governmental unit or a state agency, to provide cost-share funding for a priority watershed or priority lake project. The nonpoint source grant agreement may be used in lieu of a cost-share agreement with a grantee for the installation of a structural practice on land owned or operated by the grantee. More than one nonpoint source grant agreement may be awarded for a project. NR 120.12(2)(a)(a) Consistent with the priority watershed plan, a grantee located within the priority watershed project or priority lake area project shall: NR 120.12(2)(a)1.1. Execute a nonpoint source grant agreement with the department for nonpoint source pollution abatement funds necessary to administer cost-share agreements with eligible recipients. This requirement may be waived if the department and the grantee agree to delegate these responsibilities to another grantee. NR 120.12(2)(a)2.2. Enter into cost-share agreements with eligible recipients located within its jurisdiction. This requirement may be waived if the department and the grantee agree to delegate this responsibility to another grantee. NR 120.12(2)(a)3.3. Be fiscally responsible for the use of cost-share funds provided to cost-share recipients under the nonpoint source grant. Specifically, this includes preparing and maintaining adequate fiscal management and technical assistance files as described in ss. NR 120.25 and 120.26. This requirement may be waived if the department and the grantee agree to delegate these responsibilities to another grantee. NR 120.12(2)(a)4.4. Provide the department with verification of proper installation, operation and maintenance of best management practices for agreements in which it is the cost-share grantor. NR 120.12(2)(a)5.5. Provide best management practice technical design and installation assistance for all best management practices in cost-share agreements within its jurisdiction. The grantee may assign this requirement to another grantee if approved by the department. NR 120.12(2)(a)6.6. Contact all owners or operators of lands identified as significant nonpoint sources in the watershed plan. NR 120.12(2)(a)7.7. Participate with the department in the annual watershed project review meeting. NR 120.12(2)(b)(b) A grantee located within the priority watershed project or priority lake area project may identify a lead grantee responsible during the grant period for the following: NR 120.12(2)(c)(c) A grantee located within the priority watershed project or priority lake area project shall provide financial support towards the implementation of a project, including, but not limited to, the following: NR 120.12(2)(c)1.1. Funding staff support costs necessary for the project that are not provided for in the local assistance grant from DATCP. NR 120.12(2)(c)2.2. Funding the local share of any best management practice the grantee installs on property it owns or controls. NR 120.12(2)(c)3.3. Funding the local share of items cost-shared in the local assistance grant from DATCP. NR 120.12(2)(d)(d) Grantees located within the priority watershed project or priority lake area project shall perform inspections beyond the nonpoint source grant period and shall include this activity in the work plan portion of the county land and water resource management plan to ensure that cost-share recipients are complying with the maintenance requirements described in s. NR 120.13. NR 120.12(3)(a)(a) The period in which cost-share agreements may be signed through the nonpoint source grant agreement shall be for a minimum of 3 years but may not extend beyond the grant period. No cost-share agreement, except those signed under a demonstration project, may be signed until after the priority watershed plan has been approved. NR 120.12(3)(b)(b) A watershed project in planning may choose the specific duration of the sign-up period, provided that all the following conditions are met: NR 120.12(3)(b)3.3. The watershed plan clearly delineates the procedures necessary for the extension of the sign-up period. NR 120.12(3)(c)(c) A grantee whose watershed project is in implementation may amend the nonpoint source grant agreement to modify the length of the sign-up period provided that a written grant amendment request and an explanation justifying circumstances is submitted to the department for approval. NR 120.12(3)(d)(d) The department may unilaterally extend the sign-up period for a project sponsor by amending the nonpoint source grant. NR 120.12(4)(4) Length of grant period. The grant period of the nonpoint source grant agreement is the period when cost-share funds may be expended. NR 120.12(4)(a)(a) The department may adjust the grant period to meet budgetary limitations. NR 120.12(5)(5) Installing best management practices. When installing best management practices, the grantee shall do all of the following: NR 120.12(5)(b)(b) Submit estimates of all practice costs, eligible costs, ineligible costs, cost-share rates and estimated total cost-share amount. NR 120.12(5)(c)(c) Submit a schedule of installation and maintenance for the practices. NR 120.12(5)(d)(d) Submit copies of all professional services contracts, construction contracts, bid tabulations, force account proposals, proposals and other related information requested by the department. Professional services contracts exceeding $10,000, or amendments causing the total contract to exceed $10,000, amendments exceeding $10,000 and construction contracts exceeding $35,000 shall be submitted to the department for approval before execution. Force account proposals exceeding $35,000 shall be submitted to the department for approval prior to the initiation of construction. NR 120.12(5)(e)(e) Repay the department the full amount of funds received if the grantee fails to fulfill any terms of the agreement, including failing to install, operate and properly maintain the practices included in the grant agreement. NR 120.12(5)(g)(g) Agree not to adopt any land use or practice which defeats the purposes of the best management practices. NR 120.12(6)(6) Expenses. The grantee may use nonpoint source grant funds to cover reasonable expenses necessary to secure refunds, rebates or credits described in s. NR 120.23 when approved by the department. NR 120.12(7)(7) Funds for easements. The grantee may use nonpoint source easement funds to acquire easements as provided for in s. NR 120.185 (2). NR 120.12(8)(8) Grant reductions. The department may unilaterally reduce the nonpoint source grant to the amount necessary to meet budgetary limitations. The department shall make every effort to provide funding for projects the grantee has committed to in cost-share agreements and contracts. NR 120.12(9)(9) Demonstration projects. A governmental unit participating in the preparation of a watershed plan may request from the department a demonstration project nonpoint source grant prior to department approval of the watershed plan. Grant periods of grants awarded for demonstration projects may not exceed 2 years in length. Requests for demonstration projects shall include a summary of the proposed activities and their projected benefits to the watershed or lake project. NR 120.12(10)(10) Joint allocation plan. The department shall prepare an ACRA for each grantee each calendar year. The department shall provide the department of agriculture, trade and consumer protection information about grant decisions it has made under this section for incorporation into the joint allocation plan required under ss. 281.65 (4) (pm) and 92.14 (14), Stats. NR 120.12 HistoryHistory: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02. NR 120.13(1)(1) Purpose of agreement. The cost-share agreement is an agreement listing the best management practices and establishing the conditions and considerations under which a cost-share recipient agrees to install the practices listed consistent with the watershed plan. NR 120.13(2)(2) Effective date. For best management practices to be eligible for cost-sharing, the nonpoint source grant agreement and the cost-share agreement shall be signed before the installation of practices may be initiated. A cost-share agreement is not necessary if the nonpoint source grant agreement allows the grantee to use funds directly. Nonpoint source grant agreements used in lieu of cost-share agreements shall comply with the requirements in this section. NR 120.13(3)(a)(a) The cost-share agreement shall be between the participating grantee and the individual landowner or landowners if joint owners, land operator or state agency. Agreements with land operators shall be co-signed by the landowner except in instances where the cost-share agreement contains no other practices than those enumerated in sub. (6) (c) 2. If other practices are included in a cost-share agreement amendment, the landowner shall co-sign the amendment. NR 120.13(3)(b)(b) Governmental units, as cost-share agreement grantors, shall enter into cost-share agreements only during the period specified in the nonpoint source grant. NR 120.13(3)(c)(c) The cost-share agreement shall apply to all contiguous sites under the same ownership. At the discretion of the governmental unit, the cost-share agreement may also apply to noncontiguous sites under the same ownership or operation in the watershed. NR 120.13(4)(4) Content of the agreement. The cost-share agreement shall contain or describe: NR 120.13(4)(b)(b) The best management practices cost-shared and not cost-shared to be applied and the cost-share rates for the practices to be cost-shared. NR 120.13(4)(c)(c) The estimated total practice cost, cost-share rate and estimated cost-share amount. NR 120.13(4)(d)(d) The installation schedule for applying the practices. For sites that meet the critical sites criteria, implementation shall begin within 18 months and be completed within 4 years following the effective date of the cost-share agreement. NR 120.13(4)(f)(f) A prohibition against adopting any land use or practice which defeats the purposes of the best management practices, the cost-share agreement or the nonpoint source grant agreement. NR 120.13(4)(g)(g) A provision stating that the governmental unit shall provide appropriate technical assistance during the required operation and maintenance period of the best management practices. NR 120.13(4)(h)(h) A provision that the cost-share recipient may not discriminate against a contractor on the basis of age, sex, religion or other prohibited factor. NR 120.13(4)(j)(j) The location of the land on which the cost-shared practice is to be installed, and a specific legal description of the land if cost share payments may exceed $10,000. NR 120.13(4)(k)(k) A prohibition against any significant change in land use or management on the entire property described on the cost-share agreement which may cause sources which were adequately managed at the time of cost-share agreement signing to produce a significant increase in pollutant loading to surface water or groundwater counter to the water resource objectives of the approved watershed plan. If a significant change in land use or management occurs, the landowner or land operator shall control the source at his or her own expense or return any cost-sharing funds awarded through the cost-share agreement to the grantor. NR 120.13(4)(L)(L) A requirement to amend the cost-share agreement if practices are added or deleted and to add or delete practices only when they are consistent with watershed project objectives. NR 120.13(4)(m)(m) A requirement for annual progress in pollutant reduction may be imposed by the governmental unit on the landowner of a critical site, subject to availability of cost-sharing funds. NR 120.13(4m)(4m) Department approval. The governmental unit shall obtain prior department approval when the total cost-share agreement amount, including amendments, exceeds $50,000 in state share. The department shall consider the cost-effectiveness of the best management practices and eligibility for cost-sharing under this chapter in making its decision whether to grant approval. NR 120.13(5)(5) Submittal to department. The cost-share agreement provider shall submit a copy of the cost-share agreement and amendments to the department within 30 days of execution. The department may deny reimbursement to the governmental unit for costs associated with the installation of a best management practice not in conformance with the cost-share agreement, the nonpoint source grant agreement or the priority watershed plan. NR 120.13(6)(a)(a) The cost-share agreement period shall be the period from the cost-share agreement signing through 10 years after the last practice is installed, unless all practices in the agreement are those identified in par. (c) 2., in which case the agreement shall end when cost-sharing ceases. NR 120.13(6)(b)(b) The period during which practices on a signed cost-share agreement may be installed may not extend beyond the grant period of the nonpoint source grant agreement for the watershed project. NR 120.13(6)(c)(c) Unless otherwise provided for in this paragraph, the operation and maintenance period for both cost-shared and not cost-shared best management practices shall begin when the practice is installed and shall end at least 10 years past the installation date for the last practice on the agreement. NR 120.13(6)(c)2.2. Except if required as a component of another practice, the following practices are exempt from the multi-year operation and maintenance period requirement and only need to be maintained during the years for which cost-sharing is received: NR 120.13(6)(c)3.3. When a practice in subd. 2. is required as a component of another practice in s. NR 154.04, the operation and maintenance period for the component practice shall be the same as the operation and maintenance period for the practice for which it is required. NR 120.13(7)(7) Failure to fulfill agreement. If the cost-share recipient fails to fulfill any terms of the cost-share agreement, including failing to install, operate and properly maintain the practices of the agreement, the full amount of cost-shared funds received by the cost-share recipient shall be repaid to the governmental unit who is the grantor of the agreement. The governmental unit grantor shall forward the repayment to the department. NR 120.13(8)(a)(a) If the practice becomes ineffective during the grant period of the nonpoint source grant agreement of a watershed project, the parties to the cost-share agreement may amend it to cost-share the replacement of the practice from funds allocated for the project, if the parties identify the appropriate maintenance period for the replacement practice. NR 120.13(8)(b)(b) If the practice becomes ineffective beyond the grant period of the nonpoint source grant agreement of the watershed project, the department may award a new grant agreement or modify and extend the project’s nonpoint source grant agreement. NR 120.13(9)(9) Change in ownership. If a change in ownership occurs during the cost-share agreement period, the new landowner shall be responsible for fulfilling all conditions of the cost-share agreement. Upon receiving written approval from the respective local governmental unit, the new landowner may implement alternative approved best management practices in order to obtain the water quality goals in the original agreement. NR 120.13(10)(10) Recording of cost-share agreements with register of deeds. NR 120.13(10)(a)(a) The governmental unit shall record the cost-share agreement and its amendments in the office of the register of deeds for each county in which the property is located if the cost-share agreement includes a riparian buffer, or payments under s. NR 154.03 (1) (i) 3., or if the total cost-share agreement amount exceeds the following:
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