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Explanation of Statutory Authority
The Department has broad general authority, under s. 93.07(1), Stats., to adopt regulations to enforce laws under its jurisdiction. Under s. 93.59(4), Stats., DATCP is authorized to adopt rules to define legal entity for purposes of the grant program, specify the grant application process, and specify the activities that may be conducted using a grant.
Related Rules or Statutes
There are no directly related rules or statutes, other than those cited above.
Plain Language Analysis
The Producer Led Watershed Protection Grants Program (“Program”) is designed to encourage producers to develop and use innovative approaches and/or conservation practices that reduce nonpoint source pollution within their watershed(s). The Program will also work to increase producer communication and education regarding environmentally and economically effective conservation activities. 2015 Act 55 appropriated $250,000 in grant funding for each year of the FY 2015-17 fiscal biennium. The Program will support projects proposed by producer-led groups that involve voluntary nonpoint source pollution abatement activities within their watershed with the purpose of improving water quality in that watershed, as well as efforts to increase additional voluntary farm and agribusiness participation, expanding the overall breadth of the program.
Under s. 93.59 (5), Stats., DATCP may award no more than $20,000 of grant funding to any producer led group in any state fiscal year.
Grant recipients must meet all of the following eligibility requirements to be considered for funding:
(a) The producer-led group includes at least 5 agricultural producers each of whom operates an eligible farm, as defined in s.91.86 (1), Stats., in one watershed. The group may include additional agricultural producers who are not required to be operators of eligible farms.
(b) The group is formed through a memorandum of understanding with one of the following collaborating entities:
1. The department.
2. The department of natural resources.
3. A county land conservation committee.
4. The University of Wisconsin-Extension or the Discovery Farms program of the University of Wisconsin-Extension.
5. A nonprofit conservation organization.
(c) The group assists agricultural producers in the watershed to voluntarily conduct nonpoint source water pollution abatement activities.
(d) The group contributes matching funds at least equal to the amount requested.
Wis. Stat. §93.59 (2).
Grant Purposes
Under this emergency rule, the Department awards grants for projects that focus on nonpoint source pollution abatement activities to improve water quality through any of the following methods:
Startup, work planning, mission development, goal setting, learning days to have experts discuss related topics, etc.
Provide incentive payments to producers to implement conservation practices such as cover crops, nutrient and manure management planning, no-till, buffer strips, grassed waterways, manure composting, low-disturbance manure injection, etc.
Measure and promote economic and environmental benefits of conservation practices
Develop innovative approaches to manure storage, stacking, or conservation equipment-sharing that increases and/or identifies economic and environmental benefits of such practices
Increase voluntary producer and agribusiness participation in their respective watersheds through education and outreach activities such as hosting conferences, workshops, or field days
Collaborate with partner(s) for on-farm research that identifies economic and environmental benefits/opportunities of utilizing various conservation practices
Complete cost-effective edge-of-field and in-stream water quality monitoring and soil testing
Perform farm walkovers to evaluate farm, manure, and nutrient management practices and identify solutions to resource concerns
Use of Grant Funds
Under this emergency rule, grant funds may be used to reimburse expenses that are determined by the Department to be a reasonable and necessary part of the grant project. Eligible expenses may include, but are not limited to:
Personnel for coordinator role including expenses for salaries and wages, contract and consulting services, and travel
Incentive payments for conservation practices
Outreach and educational activities
Field days, workshops, conferences
Mailings, creation of marketing and outreach brochures, handouts, factsheets, etc.
Materials and supplies
Meals for hosted outreach events
Incentive payments for equipment rentals of innovative technologies used/shared by all producers within the producer-led group, for example covering costs for renting low-disturbance manure injector, no-till drill, etc.
Edge-of-field and in-stream water quality monitoring and soil testing
Farm walkovers to identify and evaluate potential or existing resource concerns, nutrient management implementation and other water quality practices
Grant funds may not reimburse any of the following expenses:
Real estate purchases
Repayment of loans or mortgages
Rent or contract payments for time periods extending beyond the term of the grant contract
Equipment purchases
Administrative or overhead costs that are not direct costs of the grant project
Grant Proposals
Under this emergency rule, the Department must issue at least one request for grant proposals in each state fiscal biennium (the Department may issue more frequent requests, if it chooses to do so). The request for proposals must describe the required form and content of grant proposals, and must specify a deadline for submitting grant proposals. Applicants must submit grant proposals to the Department, in the manner prescribed within the Department’s request for proposals.
Grant Awards
Under this emergency rule, the Department must evaluate grant proposals and issue its grant awards within 45 days after the closing of the grant proposal deadline. The Department must clearly identify each award recipient, the amount of the award, the purposes for which the award is given, and what is to be included in the annual report. At a minimum, the Department must consider all of the following criteria when evaluating grant proposals and making grant awards:
Whether the proposed project will improve water quality within their respective watershed
The extent to which a proposed project will increase nonpoint source pollution abatement activities and producer participation
Whether the proposal complies with the Department’s request for proposals
Whether the proposed project meets the standards prescribed in this emergency rule
The viability of the proposed project
The management and technical qualifications of the grant applicant
The qualifications of the persons, collaborators, and/or legal entities who will carry out the project
The financial capacity of the grant applicant to complete the project as proposed.
The adequacy of the project plan and budget
Whether the grant proposal and budget adequately identifies the nature of project expenses to be reimbursed under the proposed grant
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