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(4)Include records required under s. ATCP 50.34 (7) related to cost-share grants for conservation practices.
(5)Except as provided in this subchapter, retain originals of documents and forms submitted to the department, and other records related to the grant award and its administration including subcontracts and receipts, for a minimum of 3 years after the end of the year of the grant award.
Note: See s. ATCP 50.34 (7) for additional guidance.
History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: cr. (5) Register February 2014 No. 698, eff. 5-1-14.
ATCP 50.24Department review. The department may review the activities of a county land conservation committee under this chapter. The department may do any of the following in connection with its review:
(1)Require the committee to provide relevant information requested by the department, including information from the county’s annual financial and compliance audit.
(2)Require the committee to discuss, with the department, county compliance with this chapter.
(4)Inspect activities and practices funded under this chapter.
History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02.
Subchapter IV — Grants to Counties
ATCP 50.26Grant applications.
(1)Annual application. A county land conservation committee shall apply to the department by April 15 of each year on a form provided by the department by January 31st of each year, to obtain funding under this chapter for the next calendar year. The application shall comply with this section.
(2)Annual staffing grant. A county land conservation committee may request funding for county staff and support, including funding for employees and independent contractors who work for the county land conservation committee. The request shall identify all of the following:
(a) The activities for which the county seeks funding. These may include activities under this chapter, ch. 91, Stats., and s. 93.90, Stats., CREP program activities, and activities and projects funded by DNR under ss. 281.65 and 281.66, Stats.
(b) The amount of funding requested for activities under par. (a), including staff salaries and fringe benefits, contractor fees, training, and eligible support costs.
(3)Funding for conservation practices. A county land conservation committee may request funding for cost-share grants to install conservation practices. The request shall include all of the following:
(a) The purposes for which the county proposes to award cost-share grants to landowners.
(b) The amount of funding requested for cost-share grants to landowners.
(4)Other information. A county land conservation committee may include, with its grant application under sub. (1), any other information that the committee wishes to provide in support of its grant application. The department may ask the committee to provide additional information as necessary.
History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (2) (a) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (1) Register May 2024 No. 821, eff. 6-1-24.
ATCP 50.28Annual grant allocation plan.
(1)Plan required. The department shall allocate grants under this chapter according to an annual grant allocation plan. The secretary shall approve the grant allocation plan. The plan shall specify, for the next calendar year, all of the following:
(a) The total amount available to the department for possible allocation under the plan, including the subtotal amount from each of the following sources:
1. General purpose revenues appropriated under s. 20.115 (7) (c), Stats.
2. Segregated fund revenues appropriated under s. 20.115 (7) (qd), Stats.
3. Bond revenues appropriated under s. 20.866 (2) (we), Stats.
4. Other legislative appropriations.
5. Gifts and grants accepted under s. 92.05 (2) (a), Stats.
(b) The total amount allocated under the plan, and the subtotal amount allocated from each of the sources identified under par. (a).
(c) The amounts allocated to counties for annual staffing grants under s. ATCP 50.32. This shall include all of the following:
1. The total amount allocated to counties under s. ATCP 50.32, and the subtotal amount allocated from each relevant fund source under par. (a).
2. The total amount allocated to each county, and the subtotal amount allocated to that county from each relevant fund source under par. (a).
3. An explanation for the allocations, including any material differences in allocations between counties.
(d) The amounts allocated to counties under s. ATCP 50.34 to fund conservation practices by landowners. This shall include all of the following:
1. The total amount allocated to counties under s. ATCP 50.34, and the subtotal amount allocated from each relevant fund source under par. (a).
2. The total amount allocated to each county, and the subtotal amount allocated to that county from each relevant fund source under par. (a).
3. An explanation for the allocations, including any material differences in allocations between counties.
(e) The amount allocated to each grant recipient under s. 92.14 (10), Stats., if any, and an explanation for each allocation.
(2)Preparing the plan.
(a) The department shall prepare an annual grant allocation plan under sub. (1) for each calendar year. The department shall prepare the plan with DNR after reviewing county grant applications under s. ATCP 50.26.
(b) The department shall do all of the following before the department adopts an annual grant allocation plan:
1. Provide a preliminary draft plan to DNR, the LWCB, and every county land conservation committee.
2. Obtain LWCB recommendations on the annual grant allocation plan, as required under s. 92.14 (6) (b) and (d), Stats. At least 30 days before the department obtains the LWCB’s final recommendations, the department shall provide to DNR, the LWCB, and every county land conservation committee a copy of the draft plan on which the department seeks the LWCB’s final recommendations and a copy of the draft environmental assessment written under ch. ATCP 3.02 (h) that accompanies the allocation plan.
3. If the department makes material revisions to the preliminary draft plan before seeking final LWCB recommendations, the department shall re-issue the revised draft at least 30 days before the LWCB makes its recommendations.
(c) The department shall adopt an annual grant allocation plan by December 31 of the year preceding the calendar year to which the plan applies. The final plan may include changes recommended by the LWCB, as well as updated estimates of project costs. The department shall provide copies of the allocation plan to DNR, the LWCB, and every county land conservation committee. The department shall report to the LWCB any changes that the department makes to the allocation plan recommended by the LWCB.
(3)Ineligible counties. The department may not award a county grant under this chapter if any of the following apply:
(a) The county has failed to adopt a county land and water resource management plan under s. ATCP 50.12 (1), or lacks current department approval for that plan under s. ATCP 50.12 (5).
(b) The county has failed to submit an annual grant application required under s. ATCP 50.26.
(4)Grant priorities. When preparing an annual grant allocation plan under sub. (1), the department shall consider the grant priorities under s. ATCP 50.30.
(5)Revising an allocation plan.
(a) The department may revise an annual grant allocation plan after it adopts that plan under sub. (1). The secretary shall approve every plan revision. A revision may do any of the following:
a. Extend county funding for landowner cost-share contracts funded but not completed in the preceding grant year, provided that the cost-share contracts were signed by December 31 of the preceding grant year. Extensions shall comply with s. ATCP 50.34 (6).
b. Extend any grant contracts, except staffing grants under s. ATCP 50.32, funded but not completed in the preceding grant year, provided that the grant recipient requests the extension by December 31 of the preceding grant year and the department has not previously extended funding for the same contract from one grant year to another grant year. Extensions of projects funded under s. 92.14 (10), Stats., shall comply with s. ATCP 50.35 (3).
2. Increase the total grant to any county. The department shall give all counties notice and equal opportunity to compete for funding increases other than increases due to extensions under subd. 1., voluntary transfers of funds from one county to another county under subd. 5., and re-allocations of cost-share funds by the department under subd. 5. from a reserve established in the annual allocation plan. The department shall make any revisions in compliance with the requirements in par. (b).
3. Reduce a grant award to any county. The department shall give all counties notice and an opportunity to comment for funding decreases other than those resulting from the voluntary transfer of funds from one county to another county. The department shall make any revisions in compliance with the requirements in par. (b).
4. Reallocate a county’s annual grant between grant categories, to the extent authorized by law and with the county’s agreement.
5. Approve the voluntary transfers of cost-share funds from one county to another county, or re-allocations of funds by the department from a reserve established in the annual allocation plan. Inter-county transfers shall comply with s. ATCP 50.34 (5m).
(b) The department shall do all of the following before it revises an annual grant allocation plan, if required under par. (a):
1. Give written notice, and a copy of the proposed revision, to the LWCB, DNR, and every county land conservation committee. The notice shall clearly identify and explain the proposed revision.
2. Obtain LWCB recommendations as required under s. 92.14 (6) (b) and (d), Stats.
(c) The department shall notify the LWCB, no later than April 15 of the following year, of revisions made to the allocation plan based on transfers under par. (a) 5., re-allocations under par. (a) 4., and extensions of funds under par. (a) 1. The department shall keep records regarding the disposition of each transfer, reallocation, and extension requested.
(6)Distributing grant funds. The department shall enter into a grant contract under s. ATCP 50.36 with each grant recipient identified in the grant allocation plan. The contract shall conform to the allocation plan signed by the secretary. The department shall pay out grant funds according to this chapter and the grant contract.
History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (5) (a) 1. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (1) (e), renum. (5) (a) 1. to 1. a., cr. (5) (a) 1. b., am. (5) (a) 2., 3., cr. (5) (a) 5., am. (5) (b) (intro.), cr. (5) (c) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (2) (b) 2., cr. (2) (b) 3., am. (5) (a) 2. Register May 2024 No. 821, eff. 6-1-24.
ATCP 50.30Grant priorities. When preparing an annual grant allocation plan under s. ATCP 50.28, the department shall consider all of the following:
(1)County priorities. The department shall give high priority to maintaining county staff and project continuity. The department shall consider county priorities identified in the county grant application under s. ATCP 50.26 and in the county’s approved land and water resource management plan under s. ATCP 50.12, and shall balance funding these priorities with those in sub. (2).
(2)Statewide priorities. The department shall give priority to county or non-county projects that address statewide priorities identified by the department and DNR.
(3)Other factors. The department may consider the following factors when determining grant allocation priorities:
(a) A county’s demonstrated commitment to implementing the approved land and water resource management plan under s. ATCP 50.12, and the strength of the documentation supporting that plan.
(b) A county’s demonstrated commitment and capacity to implement and maintain the farm conservation practices required under s. ATCP 50.04.
(c) The likelihood that funded activities will address and resolve high priority problems identified in approved county land and water resource management plans.
(d) The relative severity and priority of the soil erosion and water quality problems addressed.
(e) The relative cost-effectiveness of funded activities in addressing and resolving high priority problems.
(f) The extent to which funded activities are part of a systematic and comprehensive approach to soil erosion and water quality problems.
(g) The timeliness and completeness of plans, applications, and reports.
(h) The degree to which plans, applications, and reports meet applicable criteria, including the adequacy of performance measures.
(i) A county’s demonstrated cooperation and commitment, including its commitment of staff and financial resources.
(j) A county’s demonstrated ability to manage and implement funded projects.
(k) The degree to which funded projects contribute to a coordinated soil and water resource management program and avoid duplication of effort.
(L) The degree to which funded projects meet county soil and water resource management needs and state program requirements.
(m) The degree to which county activities implement the county’s approved land and water resource management plan.
(n) The county’s annual financial contribution for soil and water resource management programs, as last reported under s. ATCP 50.26.
(o) The need for award caps or other cost control measures to maximize funding available to meet conservation priorities or needs on agricultural lands.
(p) A county’s commitment to meet department targets implementing the conservation practices established in the annual grant application.
(r) Other factors relevant to the administration of this chapter.
History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (1) (2) (intro.), (b) to (d), cr. (2) (e), (f), am. (3) (b), (g), (h), (m), renum. (3) (o) to (3) (r), cr. (3) (o), (p) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: renum. (2) (intro.) to (2) and am., r. (2) (a) to (f) Register May 2024 No. 821, eff. 6-1-24; correction in (3) (n) made under s. 13.92 (4) (b) 7., Stats., Register May 2024 No. 821.
ATCP 50.32Annual staffing grants to counties.
(1)General. The department shall award an annual staffing grant to the county land conservation committee in each eligible county. With the department’s written permission, a county conservation committee may reallocate staffing grant funds to another agency of the county, or to a city, village, town, county drainage board, lake district, or tribe operating in the county.
(2)Grant contract. The department shall distribute an annual staffing grant under sub. (1) according to an annual grant contract with the county. The contract shall comply with s. ATCP 50.36 and shall include all of the following:
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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.