NR 153.20(2)(d)3.a.
a. Not select a higher scoring project in favor of funding a lower scoring project if federal funds are being allocated for the project, the higher scoring project is ineligible to receive the federal funds, and the lower scoring project is eligible to receive the federal funds.
NR 153.20 Note
Note: There are geographic restrictions on the use of certain federal funds being used to support grant awards, such as those allocated to the state under section 319 of the Clean Water Act. In order to use the available federal funds, it may be necessary to leap-frog down the ranked list to match a project with the federal funds.
NR 153.20(2)(d)3.b.
b. Establish a maximum total amount of funding that a grantee may receive in multiple grant awards in any one year. This amount may not exceed 20 percent of the grant funds available in the funding category or the maximum allowable funding amount allowed for a single project, whichever is greater. Projects on the ranked list whose selection for funding would exceed the allowable grantee total will be moved to the bottom of the list and funded only after all other eligible projects have been funded.
NR 153.20(2)(d)3.c.
c. Establish a maximum grant award that any single project can receive based on the amount of funding available and the funding demand in any year. For purposes of administering this subdivision paragraph for small scale projects, all management practices proposed on contiguous property shall be considered part of a single project regardless of whether the management practices are submitted on the same or separate project applications. In this subdivision paragraph, “contiguous" means touching or sharing a common boundary with a second parcel of land. A lake, river, stream, road, railroad or utility right of way which separates any part of the parcel from any other part does not render the parcel of land non-contiguous.
NR 153.20(2)(d)3.d.
d. Offer reduced grants for projects that do not require minimum cost-sharing to meet the requirements of s.
281.16 (3) (e), Stats. Reduced grant offers may be based on a reduction in the cost share rate or a reduction in the maximum project grant award amount.
NR 153.20 Note
Note: This includes projects that are not being implemented to meet required state performance standards or prohibitions under ch.
NR 151.
NR 153.20(2)(d)3.e.
e. Offer an award of less than the amount requested if that is the only funding remaining. In these circumstances, the applicant is required to complete the project as specified in the application if the partial funding is accepted.
NR 153.20(2)(e)
(e) The department shall notify the land and water conservation board of project scores and ranks no later than September 1 of each year.
NR 153.20(2)(f)
(f) Before November 1 of each year, the department shall also notify the land and water conservation board of the budget sub-allocations determined in accordance with
par. (b) and the projects that it has identified and proposes to select for funding in the following calendar year.
NR 153.20(2)(g)
(g) After selecting projects for funding, the department shall notify applicants in writing of its intent to offer grant agreements for the selected projects. The department shall inform applicants if the location of the project indicates measures may be needed to address environmental contamination, potential negative impacts of the project on navigable waters, endangered, threatened, or wetland resources, historic properties, or historic places.
NR 153.20(3)(a)(a) The department shall, where practicable, issue grants to successful applicants by December 31 of each year for work that begins in the following calendar year. The department shall consider the factors in
pars. (b) to
(e) when determining final grant awards.
NR 153.20(3)(b)
(b) The department shall make adjustments to the requested grant amount if necessary to correct errors made by the applicant concerning eligibility of items for cost sharing and errors in cost-share rates used in developing the application.
NR 153.20(3)(c)
(c) For any large scale project, the department may make a partial grant award. The department shall complete the grant award based on availability of funds and project performance as defined under
s. NR 153.21 (5) (h) 2.
NR 153.20(3)(d)
(d) The department may offer an award of less than the amount requested if that is the only funding remaining. In these circumstances, the applicant is required to complete the project as specified in the application if partial funding is accepted.
NR 153.20(3)(e)
(e) If the department determines, following scoring, that a project may have unacceptable impacts on endangered, threatened, or wetland resources, historic places, or historic properties, or that it may expose environmental hazards at the project location, it may do any of the following:
NR 153.20(3)(e)2.
2. Place a condition on a grant requiring that the grantee take specific actions or develop a plan to reduce or eliminate the impacts of the project.
NR 153.20 Note
Note: In addition, s.
NR 154.04 (2) (k) states that all required permits, including those mandated by the department, shall be obtained prior to installing a best management practice listed in this chapter.
NR 153.20(3)(f)
(f) The department may fund, in a grant, activities needed to identify impacts on navigable waters, endangered, threatened, or wetland resources, historic places, or historic properties and actions needed to reduce or eliminate the impacts.
NR 153.20(4)
(4) Joint allocation plan. The department shall provide information to the department of agriculture, trade and consumer protection about grant decisions it has made under this section for incorporation into the joint allocation plan required under ss.
92.14 (14) and
281.65 (4) (pm), Stats.
NR 153.20 Note
Note: The joint allocation plan is distributed to counties for review and comment and is submitted to the Wisconsin land and water conservation board which may make recommendations to the department of agriculture, trade and consumer protection on approval, modification, or disapproval. This process affords the affected public and the board an opportunity to make recommendations on items such as budget sub-allocations and project selections determined in accordance with the procedures set forth in the section.
NR 153.20(5)(a)(a) A grantee may request a substitution to a project selected under this section. The request may be to change best management practices or install the best management practices at an alternative location.
NR 153.20(5)(b)
(b) The grantee shall submit the request to the department prior to the end of the grant period. The grantee shall submit the substitution request on a form provided by the department.
NR 153.20 Note
Note: Forms can be obtained from the department's Bureau of Watershed Management or the department's Bureau of Community Financial Assistance, 101 S. Webster St., PO Box 7921, Madison, WI 53707-7921.
NR 153.20(5)(c)
(c) The department shall consider the substitution request and inform the grantee of its decision. The department may approve the substitution request only if all of the following criteria are met:
NR 153.20(5)(c)1.
1. The grantee provides a description and rationale for the substitution.
NR 153.20(5)(c)2.
2. The altered project meets project screening, minimum scoring, and local share requirements of this chapter.
NR 153.20(5)(c)3.
3. The altered project is cost-effective, will not increase the original grant award, and will achieve results substantially similar to those anticipated through the original project proposal.
NR 153.20(5)(c)4.
4. The altered project will affect the same hydrologic unit and water resources identified in the original application.
NR 153.20(5)(c)5.
5. There is sufficient time remaining to complete the revised project.
NR 153.20(5)(c)6.
6. The substitution will not result in removing a cost-share offer included in a notice that has been issued or is expected to be issued under
s. NR 151.09 or
151.095.
NR 153.205
NR 153.205 Notice of discharge project application, selection and funding. NR 153.205(2)(a)(a) The department may accept notice of discharge project applications from governmental units on a continuous basis. Applications shall remain active for one year unless terminated by the applicant. After one year, the governmental unit shall resubmit the application in order for the application to remain active for the department's funding consideration.
NR 153.205(2)(b)
(b) The department shall require that applications be submitted on forms provided by the department.
NR 153.205 Note
Note: Forms can be obtained from the department's Bureau of Watershed Management or the department's Bureau of Community Financial Assistance, 101 S. Webster St., PO Box 7921, Madison, WI 53707-7921.
NR 153.205(2)(c)
(c) The application information shall include all of the following:
NR 153.205(2)(c)1.
1. Name and address of the prospective cost-share recipient and project location.
NR 153.205(2)(c)4.
4. Site history, description of discharge, and method of problem determination.
NR 153.205(2)(c)5.
5. Extent and severity of the threat or impact to waters of the state and urgency of installing management measures.
NR 153.205(2)(c)6.
6. Proposed management practices, estimated costs, and implementation timeline.
NR 153.205(2)(c)7.
7. Concurrence from the department of natural resources that the site has been issued, or will be issued concurrent with the runoff management agreement, a notice under
s. NR 243.24.
NR 153.205(3)(a)(a) Each year, the department shall identify up to four specific periods when active applications will be considered for funding. Applications considered for funding during each period include the active, unfunded applications from the prior period plus any new applications received prior to the end of the subsequent period. The department shall determine what portion of the available funds will be made available to fund projects being considered in each selection period.
NR 153.205(3)(b)
(b) The department shall consider the information submitted under
sub. (2) and make a decision whether to award funding for the project based on the merits of the proposed project, the amount of funding available for project selection, availability of other funding sources, farm viability, and state cost-share requirements under
ch. NR 243.
NR 153.205(3)(b)1.
1. If grant funds are awarded under this subsection for a landowner or operator to comply with a notice issued by the department for a category II unacceptable practice under
s. NR 243.24 (1) (b), the department's grant award shall, alone or in combination with other sources, meet the state cost-share requirements under s.
281.16 (3) (e), Stats. Requests for economic hardship shall be administered in accordance with
s. NR 154.03 (3).
NR 153.205(3)(b)2.
2. If grant funds are awarded under this subsection for a landowner or operator to comply with a notice issued by the department for a category I unacceptable practice under
s. NR 243.24 (1) (a) or category III unacceptable practice under
s. NR 243.24 (1) (c), the department may do any of the following:
NR 153.205(3)(b)2.b.
b. Establish a maximum dollar amount that may be awarded under the grant for the project.
NR 153.205(3)(b)2.c.
c. Offer additional cost sharing for economic hardship cases. Requests for economic hardship shall be administered in accordance with
s. NR 120.18 (4).
NR 153.205 Note
Note: Under ch.
NR 243, the department has authority to require compliance with a notice issued for a category I or category III unacceptable practice regardless of cost sharing. Consequently, the department may provide limited or no cost-share assistance for these situations.
NR 153.205 Note
Note: Prior to making a funding decision, the department intends to consult with the department of agriculture, trade and consumer protection concerning the availability and suitability of alternative funding sources available through the soil and water resources management grant program administered under ch.
ATCP 50.
NR 153.205(3)(c)
(c) The department may enter into a runoff management grant agreement with a governmental unit only after a notice has been issued pursuant to
s. NR 243.24.
NR 153.205(4)
(4) Joint allocation plan. The department shall establish a budget reserve for notice of discharge projects in the annual joint allocation plan required under ss.
92.14 (14) and
281.65 (4) (pm), Stats.
NR 153.205 Note
Note: The department intends to transfer funds from the reserve to governmental units by entering into runoff management agreements.
NR 153.205 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 153.21
NR 153.21 Runoff management grant agreement. NR 153.21(1)(a)(a) The department shall use the runoff management grant agreement to commit funds to a governmental unit or state agency for the purpose of implementing best management practices for any project selected under
s. NR 153.20 or
153.205.
NR 153.21(1)(b)
(b) The department may use the runoff management grant agreement in lieu of a cost-share agreement required under
s. NR 153.22 with a governmental unit or state agency for the installation of a best management practice on land the governmental unit or state agency owns or operates.
NR 153.21(2)(a)(a) For a large-scale TMDL or large-scale non-TMDL project, the department may set the grant period for one to 3 years. The department may approve an extension to 4 years.
NR 153.21(2)(b)
(b) For a small scale project, the department may set the grant period for one to 2 years. The department may approve an extension to 3 years. The start of the grant period shall be that specified on the signed grant award.
NR 153.21(2)(c)
(c) For a notice of discharge project, the department shall establish, and extend if necessary, the grant period for a length of time sufficient to accommodate the compliance period authorized under
s. NR 243.24 (4) (b) 5.
NR 153.21(2)(d)
(d) For a targeted runoff management project, the department shall require that a grantee submit a written request in order to consider a project extension. The request shall:
NR 153.21(2)(d)1.
1. Justify the extension request by identifying reasons for the project delay that were beyond the control of the grantee.
NR 153.21(2)(d)2.
2. Be received by the department prior to the expiration of the grant period.
NR 153.21(2)(d)3.
3. Identify how the additional time will result in a significant reduction in the pollutant loading from the project area or otherwise further the intent of the project.
NR 153.21(2)(e)
(e) For a notice of discharge project, the grantee shall submit the extension request to the department prior to the expiration of the grant period. The extension request shall include documentation that the provisions of
s. NR 243.24 (4) (b) 5. c. have been satisfied.
NR 153.21(3)
(3) Local government responsibilities as a runoff management grantee and cost-share provider. The governmental unit shall do all of the following as conditions of receiving a runoff management grant:
NR 153.21(3)(a)
(a) Execute a runoff management grant agreement with the department for grant funds necessary to administer cost-share agreements with eligible landowners and land operators. This requirement may be waived if the department and the governmental unit agree to delegate these responsibilities to another governmental unit with jurisdiction sufficient to meet all the conditions of the grant.
NR 153.21(3)(b)
(b) Enter into cost-share agreements with eligible cost-share recipients located within the project area. This requirement may be waived if the department and the governmental unit agree to delegate this responsibility to another governmental unit with jurisdiction sufficient to enforce all the conditions of the cost-share agreement.
NR 153.21(3)(c)
(c) Be fiscally responsible for the use of cost-share funds provided to cost-share recipients under the runoff management grant agreement. This includes preparing and maintaining adequate fiscal management and technical assistance files as described in
s. NR 153.29. This requirement may be waived if the department and the governmental unit agree to delegate these responsibilities to another governmental unit with adequate jurisdiction.
NR 153.21(3)(d)
(d) Provide the department with verification of proper installation, operation and maintenance of best management practices for cost-share agreements for which it is the cost-share provider.
NR 153.21(3)(e)
(e) Provide technical design and installation assistance for all best management practices in cost-share agreements within its jurisdiction. The governmental unit may assign this requirement to another governmental unit if approved by the department.
NR 153.21(3)(f)
(f) Contact all landowners and land operators of lands within the project area that are the target of technical assistance and cost sharing under the grant.
NR 153.21(3)(i)
(i) Arrange funding for staff support necessary to complete the project.
NR 153.21(3)(j)
(j) For a targeted runoff management project, conduct the following activities in addition to technical and financial assistance to implement agricultural performance standards and prohibitions contained in
ch. NR 151 for cropland practices and livestock facilities in the project area:
NR 153.21(3)(j)1.
1. Inform landowners and land operators of performance standards and prohibitions.
NR 153.21(3)(j)2.
2. Through records reviews and on-site assessments, evaluate and document the compliance status of cropland practices and livestock facilities with agricultural performance standards and prohibitions on all properties of the farm operation owned or operated by the grantee. If the cost-share is offered as part of a notice issued under
s. NR 151.09 or
151.095 or a local regulation, the governmental unit may with prior department approval limit the on-site assessments to parcels identified in the notice.
NR 153.21(3)(j)3.
3. Document and convey the results to landowners of the compliance status evaluation for the whole farm, by field or parcel.
