The recreated rule also will update citations, references, and notes to appropriate statutes and administrative codes and include other housekeeping changes. Some of the proposed changes will implement recommendations from 3 Lean Six Sigma projects the department completed to streamline the application process and create administrative efficiencies.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
There is no direct comparison with federal regulation. These are non-regulatory programs. Proposed changes are intended to assist the department in implementing the goals of the federal Clean Water Act and U.S. Fish and Wildlife Service (USFWS) aquatic invasive species regulations. Under plans filed with the U.S. Environmental Protection Agency and USFWS, federal funding received by the department may be awarded through these grants and state funds awarded through these programs may count as state match to federal funds the department receives.
This rule references best management practices outlined in the U.S.D.A. Natural Resources Conservation Service practice standards for Wisconsin.
7. Comparison with Similar Rules in Adjacent States:
Neighboring states provide cost-sharing grants using state and federal funds to support activities that are substantially like those eligible for financial assistance under this proposed rule. Like Wisconsin, each of the neighboring states administers a section 319 program funded by the Environmental Protection Service to address nonpoint source pollution.
Minnesota
The Minnesota Department of Natural Resources offers competitive grants to help qualified organizations carry out projects to solve issues that impact Lake Superior and its coast. Projects focus on protecting and restoring habitat and water quality, sustainable development, education and providing public access. Grants awarded in the annual category range from $10,000 to $100,000, and short-term grants range from $2,500 to $10,000. $12.5 million has been awarded since 2001.
Minnesota supports work on invasive species through state-funded grant programs. They provide assistance for aquatic invasive species education, planning and prevention, for aquatic invasive species control, and for watercraft inspections. Due to funding limitations, Minnesota did not accept applications in 2018. Additional funding amounting to $10 million annually is provided directly to counties for aquatic invasive species prevention programs. Counties are required by statute to establish and adopt a plan for how they will use the funding on an annual basis.
Minnesota administers a grant program to assist county governments with stream bank maintenance. Activities include debris and vegetation removal, bank stabilization, and snagging and sedimentation reduction. This cost-sharing program usually awards between $5,000 and $15,000 per project. The program was created in 1973; it is not currently funded but remains in place in case funding is restored in the future.
Historically, Minnesota also ran a wild and scenic river land acquisition program to further the Wild and Scenic River statutes and rules. The program was last funded for payments in 1989.
Michigan
The Michigan Department of Environmental Quality (DEQ) manages a Coastal Management Grant program. Awards to eligible applicants are intended to support coastal management planning, to protect and restore coastal and estuarine areas, to protect high quality areas, rare and threatened species and natural communities, to fulfill recreational needs, to carry out management plans, and to acquire and manage land. Projects must be held in public ownership and provide conservation in perpetuity, provide public access, and be consistent with resource protection. The maximum for a single grant award is $1.5 million. For planning and construction projects, awards range from $10,000 to $100,000.
Michigan also provides support for local governments and organizations to implement water quality monitoring projects throughout the state. These grants are currently unavailable due to lack of funding. Local governments, schools, municipalities, planning agencies and other eligible applicants also receive cost-shared state funding to support a volunteer cleanup program for rivers, streams, and creeks.
The Clean Michigan Initiative provides state funding to implement physical improvements in approved watershed management plans intended to restore and protect waters. Eligible activities include best management practices, project evaluation, and load reduction modelling. A DEQ-approved watershed plan is required to be eligible for the funds. Between $1 and $2 million in funding is typically available per year. There is no financial cap on proposals, but projects must cost at least $25,000.
Michigan also supports a set of storm water and infrastructure grant programs. The Source Water Protection program provides matching funds to public water supply systems to develop and implement projects to prevent drinking water sources from contamination. $500,000 is available annually. The State Revolving Fund provides low-interest loans for water pollution reduction projects, including wastewater treatment system improvements, storm water treatment projects, and nonpoint source pollution management projects. Funding levels per year depend on federal funding. The Strategic Water Quality Initiatives Fund provides low-interest loans for water pollution reduction, including upgrade and replacement of failing septic systems or for the removal of groundwater or storm water from sanitary or combined sewer leads. Between $10 and $20 million are available annually.
Michigan’s Invasive species grant program addresses prevention, detection, eradication and control for terrestrial and aquatic invasive species. Minimum grant awards are $25,000 with maximum amounts between $60,000 and $400,000 depending on the type of project. $3.6 million was available for the 2017 grant cycle.
Iowa
The Iowa DNR provides cost-sharing grants to county conservation boards for land acquisition and fish habitat restoration. Land shall be controlled by the county applicant. Eligible activities include aeration, aquatic plant projects, construction of sediment retention basins, fish ladder construction, dam repair and removal, and land acquisition. In 2019, $70,000 will be available.
Dam mitigation projects are also eligible for state financial assistance. A maximum of $50,000 per project may be given to reduce the damage and impacts of low head dams in a way that demonstrates beneficial effects on stream health, fish or mussel migration and habitat, aesthetics, and recreational value. This year, the program will grant $200,000.
Iowa’s Land and Water Conservation Fund is a highly competitive program that awards federal funds to counties for cost-sharing grants that improve outdoor recreation area development and acquisition. Similarly, the city parks and open spaces grant program provides funding for open spaces. The Water Recreation Access cost-sharing program supports land acquisition and development of water access points and boat launches. The conservation education program provides around $350,000 per year for conservation and stewardship education. Funding for these programs comes through the resource enhancement and protection (REAP) Act of 1989 and was over $2 million in 2017.
Illinois
The Illinois Department of Natural Resources administers a federally-funded Land and Water Conservation Fund and a state-funded Open Space Lands Acquisition and Development program that provides cost-shared assistance to local units of government to carry out projects that conserve land and water. Eligible activities include the acquisition of land for public parks and conservation purposes, and development activities that are eligible for funding include construction of water quality basins, habitat restoration, wetland restoration and nature parks. Land acquisition for open space and recreation includes the ability to purchase land for conservation purposes, including the protection of floodplains, wetlands, natural areas, wildlife habitat and unique geologic or biologic features. Grant awards range up to $750,000 for acquisition projects and $400,000 for development projects. Illinois’ Wildlife Fund Grant program provides support for non-profit organizations to preserve, protect ad acquire or manage habitat, including flyways and other waterfowl areas.
Illinois also runs a coastal management program that awards local government units, educational institutions, and other non-profits funds for coastal education and outreach, land acquisition, resource protection, habitat restoration, invasive species management, access, and low-cost construction projects. Awards often total over $1 million per year.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
None.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
None.
10. Effect on Small Business (initial regulatory flexibility analysis):
Small business is not directly affected by the rule because grants are issued only to governmental units, educational institutions, and non-profit surface water management organizations. Therefore, under s. 227.114, Stats., an initial regulatory flexibility analysis is not required. Environmental consultants and companies involved in surface water planning, surface water management, and aquatic invasive species control should benefit from a consolidated and streamlined program that is easier to understand and navigate. Changes in the funding caps for grant programs and changes in the timing of the grant cycle may affect the timing and activity cycles of their work. The addition of quality assurance requirements in s. NR 193.17 will mean that, for some projects, a grantee must adhere to minimum training and qualifications. Consultants or grantees may incur costs for staff time to attend required trainings but registration costs will be minimal or free. 11. Agency Contact Person:
12. Place where comments are to be submitted and deadline for submission:
A public hearing was held by videoconference in Madison, Eau Claire, Green Bay, Milwaukee, Rhinelander and Superior on July 10, 2019. The department accepted comments by regular mail, email and at the public hearing. The comment period ended on July 24, 2019.
Section 1 NR 1.91 (2) (d) is amended to read:
NR 1.91 (2) (d) “Natural resources enhancement services" means funding or activities that increase the recreational or environmental values of a waterway. These services include but are not limited to fish stocking, removal or other fish population management, habitat development, financial assistance for aquatic plant harvesting and lake restoration grants as defined in s. NR 191.03 (5) any other services that increase the recreational or environmental values of a waterway and are supported with a grant awarded under ch. NR 193. Section 2 NR 20.40 (2) (a) is amended to read:
Section 3 NR 150.20 (2) (a) 21. is amended to read:
NR 150.20 (2) (a) 21. Approvals of aquatic plant management plans under s. NR 109.09 and lake surface water management plans plan recommendations under s. NR 191.45193.53. Section 4 NR 190 is repealed.
Section 5 NR 191 is repealed.
Section 6 NR 192 is repealed.
Section 7. NR 193 is created to read:
SURFACE WATER GRANT PROGRAM
SUBCHAPTER I – GENERAL PROVISIONS
NR 193.01 Purpose and authority. This chapter establishes procedures for awarding cost-sharing grants to public and private entities to protect and improve the waters of Wisconsin. Rules under this chapter outline grant programs supporting aquatic invasive species control and prevention as provided for in s. 23.22 (2) (c), Stats., lake management planning as provided for in s. 281.68, Stats., lake management and lake classification pursuant to s. 281.69, Stats., river planning and management as provided for in s. 281.70, Stats., and a lake monitoring and protection contract program pursuant to s. 281.68 (3) (bg), Stats. NR 193.02 Applicability. (1) This chapter outlines a grant program that provides financial assistance for surface water planning and management projects benefitting the waters of Wisconsin. Eligible grant recipients include counties, cities, towns, villages, and other local governmental units; tribal governing bodies; town sanitary districts; public inland lake protection and rehabilitation districts; nonprofit conservation organizations; qualified surface water management organizations; qualified school districts; accredited colleges; accredited universities and technical schools; qualified lake associations; qualified river management organizations; natural resource agencies; and other substantially similar organizations. Substantially similar organizations seeking eligibility for grants awarded under this chapter shall submit a request for a determination of eligibility on a form designated by the department.
(2) Grants awarded under this chapter may be used for education, planning and management projects conducted for the benefit of surface water or aquatic ecosystems. Lake protection funding is available for projects benefitting lakes and lake ecosystems. Lake management grants that include natural resource enhancement services are available for projects benefitting public inland lakes. River protection funding is available for activities benefitting rivers and riverine ecosystems. Aquatic invasive species control funding is available for aquatic invasive species projects conducted on surface waters of the state, including lakes, rivers, streams, wetlands and the Great Lakes.
(3) These general provisions apply to grants awarded under this chapter. Subchapters VI and VII will use the General Provisions contained in this Subchapter, unless indicated otherwise in subchapters VI and VII.
Note: Applicants may wish to review the Surface Water Grant Program Guidance available on the Surface Water Grant Program website.
NR 193.03 Definitions. In this chapter:
(1) “Acquisition costs” means the fair market value of the property as determined by department appraisal guidelines, and reasonable costs related to the purchase of the property limited to the costs of appraisals, legal fees associated with closing up to a maximum DNR cost share of $1,000, costs of land surveys, title and gap insurance costs, title company closing costs, recording fees, costs of historical and cultural assessments required by the department, costs of environmental inspections, audit costs, and baseline documentation costs required for conservation easements. “Acquisition costs” does not include environmental clean-up costs, brokerage fees paid by the buyer, real estate transfer taxes or any other costs not identified in this subsection.
(2) “Aquatic ecosystem” means a lake ecosystem or riverine ecosystem.
(3) “Aquatic invasive species” means organisms, eggs, larvae, seeds, fragments, propagules, and any other viable life-stage of a non-indigenous water or wetland-dwelling organism, including hybrids, cultivars, subspecific taxa, or genetically modified variants, whose introduction is likely to cause adverse economic, recreational, environmental or human health effects.
Note: Some aquatic invasive species are legally identified, classified, and regulated under ch. NR 40 and s. NR 109.07. (4) “Aquatic invasive species control” means to remove, cut and remove, destroy, suppress, or otherwise prevent the introduction or spread of aquatic invasive species.
(5) “Aquatic life” means aquatic plants, aquatic algae, aquatic invertebrates, aquatic or semi-aquatic vertebrates, or other aquatic organisms or their habitats.
(6) “Capital asset” means a long-term item having a useful life of more than one year and an acquisition cost of $5,000 or greater. “Capital asset” includes customized equipment where the sum of the components is equal to or in excess of $5,000.
