Chapter NR 50

NR 50.01 NR 50.01 Purpose. The purpose of this chapter is to establish procedures for implementation of various recreational aids programs under ss. 20.370 (5) (cy), 23.09 (11), (12), (17m), (19), (20) and (26), 23.094, 23.195, 23.30 (3) (h), 30.275, 30.277, 30.79 and 350.12 (4), Stats., and 16 USC 460d, 460L-4, et seq., 669 et seq., 1261, 1262 and 26 USC 9503 (6), 9511.

NR 50.01 History History: Cr. Register, May, 1983, No. 329, eff. 6-1-83; am. Register, April, 1984, No. 340, eff. 5-1-84; am. Register, November, 1986, No. 371, eff. 12-1-86; am. Register, April, 1989, No. 400, eff. 5-1-89; am. Register, February, 1996, No. 482, eff. 3-1-96; correction made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528.

NR 50.02 NR 50.02 Applicability. The provisions of this chapter are applicable to all sponsors of recreational aid programs under ss. 20.370 (5) (cy), 23.09 (11), (12), (17m), (19), (20) and (26), 23.094, 23.195, 23.30 (3) (h), 30.275, 30.277, 30.79 and 350.12 (4), Stats., and 16 USC 460d, 460L-4, et seq., 669 et seq., 1261, 1262 and 26 USC 9503 (6), 9511.

NR 50.02 History History: Cr. Register, March, 1975, No. 231, eff. 4-1-75; cr. (6), Register, March, 1977, No. 255, eff. 4-1-77; cr. (7) and (8), Register, June, 1980, No. 294, eff. 7-1-80; cr. (9), Register, September, 1980, No. 297, eff. 10-1-80; r. and recr. Register, May, 1983, No. 329, eff. 6-1-83; am. Register, April, 1984, No. 340, eff. 5-1-84; am. Register, November, 1986, No. 371, eff. 12-1-86; am. Register, April, 1989, No. 400, eff. 5-1-89; am. Register, February, 1996, No. 482, eff. 3-1-96; correction made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528.

NR 50.03 NR 50.03 Definitions.

NR 50.03(1) (1) 

NR 50.03(1)(a) (a) “Acquisition project” includes the acquisition of land or rights thereto for a well defined outdoor recreation area or purpose.

NR 50.03(1)(b) (b) “Development project” includes the development of structures, utilities, facilities or landscaping necessary for outdoor recreation use of an area.

NR 50.03(2) (2) “Applicant” means unit of government applying for a grant.

NR 50.03(3) (3) “Approval” means the signing by the secretary or designee of a project agreement resulting in encumbering a specified amount of federal or state aid funds for a specific purpose.

NR 50.03(4) (4) “Assistance” means funds made available by the department to a sponsor in support of a public outdoor recreation project.

NR 50.03(5) (5) “Basic facilities” means the minimum improvements necessary to enable people to make use of recreation sites with minimum maintenance.

NR 50.03(6) (6) “Department” means department of natural resources.

NR 50.03(8) (8) “Enforcement” means the detection and prevention of crimes and civil violations, and the arrest of those persons who violate such laws. To qualify for state aids under ss. 23.33 (9), 30.79, and 350.12, Stats., and ss. NR 50.12, 50.125, and 50.13, officers involved in the “enforcement” of ss. 23.33 or 30.50 to 30.80, Stats., or ch. 350, Stats., must meet the requirements in s. 165.85, Stats., by the end of the patrol period and must have the authority to make arrests for the violations of the laws they are employed to enforce.

NR 50.03(9) (9) “Force account” means the performance of a development or maintenance project with the forces and resources of the sponsor, including personal services, equipment and materials.

NR 50.03(10) (10) “Fringe benefits” are employers’ contributions or expenses for social security, employee’s life and health insurance plans, unemployment insurance coverage, worker’s compensation insurance, pension retirement plans, and employee benefits in the form of regular compensation during authorized absences from the job (i.e. annual, sick, court or military leave). These contributions and expenses must be equitably distributed to all employee labor activities.

NR 50.03(11) (11) “Indirect costs” are those costs not directly assignable to a grant, program or project. Such costs are generally administrative in nature, are incurred for a common or joint purpose, or are not readily assignable to a project or program.

NR 50.03 Note Note: Examples of indirect costs include central office heat, light, utilities, administrative salaries, secretarial services, postage, etc., which are not supported by time reports or other documentation which identifies the expenditure to a particular project or program.

NR 50.03(12) (12) “Inland patrols” means water safety patrol units which operate on waters other than those designated by s. 29.001 (63), Stats.

NR 50.03(13) (13) “LAWCON” means land and water conservation fund act of 1965.

NR 50.03(14) (14) “Major snowmobile bridge rehabilitation” means construction activities, including complete bridge replacement, that are necessary to return a snowmobile bridge or a culvert to a functioning, safe structure.

NR 50.03(15) (15) “Outlying patrols” means water safety patrol units which operate on waters designated in s. 29.001 (63), Stats.

NR 50.03(16) (16) “Project agreement” means a contract between the sponsor and department setting forth the mutual obligations with regard to a portion or all of a specific project.

NR 50.03(17) (17) “Project period” means the period of time specified in the agreement during which all work must be accomplished.

NR 50.03(17m) (17m) “Region” means one of 5 field administrative offices of the department.

NR 50.03(18) (18) “Secretary” means secretary, department of natural resources.

NR 50.03(19) (19) “Snowmobile trail maintenance” means the activities associated with establishing and keeping a trail safe and enjoyable to use. Snowmobile trail maintenance activities include posting signs, brushing, grooming of snow, minor repair of bridges, purchase of liability insurance by counties for snowmobile trails, and acquisition of easements, leases, permits or other agreements for a period of less than 3 years.

NR 50.03(20) (20) “Snowmobile recreation council” has the meaning given in s. 15.347 (7), Stats.

NR 50.03(21) (21) “Snowmobile trail” means a marked corridor on public property or on private land subject to public easement or lease, designated for use by snowmobile operators by the governmental agency having jurisdiction, but excluding highways except those highways on which the roadway is not normally maintained for other vehicular traffic by the removal of snow.

NR 50.03(22) (22) “Sponsor” means a local unit of government, state agency, Indian tribe, nonprofit conservation organization as defined in s. 23.0955 (1), Stats., or snowmobile club as defined in s. 350.138 (1) (e), Stats., receiving assistance under this chapter.

NR 50.03(23) (23) “State outdoor recreation plan” means the comprehensive statewide outdoor recreation plan required by the land and water conservation fund act.

NR 50.03(24) (24) “Snowmobile trail development” means the construction of a trail including grading, initial signing, construction of bridges and other support facilities. Snowmobile trail development also includes the purchase of land in fee simple and the acquisition of interests in land by easement, lease, permit or other agreement or a term of 3 years or greater.

NR 50.03(25) (25) “Snowmobile trail rehabilitation” means trail repair and renovation activities that are necessary to improve a trail for user safety and enjoyment.

NR 50.03 Note Note: The repairs or renovation referred to in snowmobile trail rehabilitation may be the improvement of the trail for safety reasons or in response to natural events that adversely affect trail safety, such as clean up of wind storm damage.

NR 50.03 History History: Cr. Register. March, 1975, No. 231, eff. 4-1-75; am. (8), Register, March, 1976, No. 243, eff. 4-1-76; am. (8), Register, October, 1978, No. 274, eff. 11-1-78; cr. (16), Register, May, 1979, No. 281, eff. 6-1-79; cr. (17), Register, June, 1980, No. 294, eff. 7-1-80; cr. (18) and (19), Register, September, 1980, No. 297, eff.10-1-80; renum. from NR 50.01 and am. (4), (6), (9), (10), (11) and (17), cr. (20) and (21), Register, May, 1983, No. 329, eff. 6-1-83; am. (5), Register, April, 1984, No. 340, eff. 5-1-84; emerg. cr. (22) and (23), eff. 3-15-90, cr. (22) and (23), Register, October, 1990, No. 418, eff. 11-1-90; renum. (1) to (7), (9) to (17), (20) to (23) to be (6), (18), (2), (13), (1), (3), (4), (16), (22), (21), (7), (17), (5), (23), (8) to (12) and (15) and am. (22), r. (8), (18) and (19), cr. (14), (19), (20), (24) and (25), Register, February, 1996, No. 482, eff. 3-1-96; reprinted to restore dropped copy in (10), Register, April, 1998, No. 508; renum. (7) to be (17m) and am., Register, December, 1999, No. 528, eff. 1-1-00; correction in (12) and (15) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; CR 14-062: am. (8) Register September 2015 No. 717, eff. 10-1-15.

NR 50.05 NR 50.05 General provisions.

NR 50.05(1) (1) This section applies to all grant programs governed by this chapter.

NR 50.05(2) (2) Environmental quality is essential and shall be preserved and enhanced.

NR 50.05(3) (3) Local governments shall agree to operate and provide adequate maintenance of recreational areas or facilities purchased or developed with state or federal aids.

NR 50.05(4) (4) Recreational lands purchased or facilities developed under this chapter may not be converted to other uses or to other outdoor recreation uses without approval of the department for all programs and the secretary of the interior for LAWCON projects.

NR 50.05(5) (5) Income accruing to an area receiving assistance during the project period from a source other than the intended recreational use shall be used to reduce the total costs of the project.

NR 50.05(6) (6) Income from the sale of structures must be reimbursed to the appropriate aid program.

NR 50.05(7) (7) Reasonable entrance, service or user fees may be charged to pay for operation and maintenance costs and are subject to department review.

NR 50.05(8) (8) Acquisition of real property shall be in accordance with state and federal guidelines for preparation of appraisals and relocation assistance.

NR 50.05(9) (9) Before development of certain public facilities begins, formal approval may be required from state or federal agencies concerning health, safety or sanitation requirements.

NR 50.05(10) (10) Sponsors shall comply with applicable state or federal regulations concerning bidding and awarding contracts, wage and labor rates, access for the disabled, flood disaster protection, environmental quality and historical preservation.

NR 50.05(11) (11) Sponsors shall comply with Title VI of the civil rights act of 1964, 42 USC 2000d, et seq. and with the regulations promulgated under such act by the secretary of the interior.

NR 50.05(12) (12) Assistance may be given to develop leased real property provided control and tenure of such property is commensurate with the proposed development.

NR 50.05(13) (13) Project expenditures must be within the project period, project scope and project amount as shown on the project agreement.

NR 50.05(14) (14) Billings may be submitted for partial payment or upon completion of the project.

NR 50.05(15) (15) Donated labor, materials, land, or other activities which do not result in an actual expenditure by the sponsor and indirect costs are not allowable in the claim.

NR 50.05(16) (16) Direct costs which are supported by time sheets, vouchers or similar documentation reflecting specific assignment to a project are eligible project costs.

NR 50.05(17) (17) Actual cost of force account labor and equipment is allowable. Equipment rental rates may not exceed the county machinery rates established annually by the department of transportation.

NR 50.05(18) (18) Actual fringe benefits paid as part of the direct labor costs claimed are eligible project costs.

NR 50.05(19) (19) Claims for payment must be submitted within one year of the project termination date.

NR 50.05(20) (20) A request for a project extension must be submitted prior to the project termination date.

NR 50.05(21) (21) All payments are contingent upon final audit. Financial records including all documentation to support entries in the accounting records to substantiate charges for each project must be kept available for review by state or federal officials for a period of 3 years after final payment.

NR 50.05(22) (22) Land acquisition costs may be retroactive upon prior written approval of the department or the secretary of the interior providing the sponsor can demonstrate a need to proceed at this time.

NR 50.05(23) (23) Engineering or planning fees necessary to complete eligible items may be retroactive.

NR 50.05(24) (24) The department may approve variances from nonstatutory requirements of this chapter upon the request of a sponsor when the department determines that variances are essential to effect necessary grant actions or program objectives, and where special circumstances make such variances in the best interest of the program. Before granting a variance, the department shall take into account such factors as good cause and circumstances beyond the control of the sponsor.

NR 50.05(25) (25) Total grant assistance provided under this section shall be limited to a maximum of 50 percent of eligible project costs unless otherwise provided by law.

NR 50.05(26) (26) The department may conduct compliance inspections on properties for which assistance has been provided under this chapter. The department may require project sponsors to conduct self inspections on these properties.

NR 50.05 History History: Cr. Register, March, 1975, No. 231, eff. 4-1-75; am. (4) (a) 4. and 6., (7) (b) 7., 13., 14. and 17., (7) (c) 1. and 12., (7) (e) and (9), Register, March, 1976, No. 243, eff. 4-1-76; r. and recr. Register, October, 1978, No. 274, eff. 11-1-78; am. (11) and (14) (m), Register, June, 1980, No. 294, eff. 7-1-80; r. and recr. Register, May, 1983, No. 329, eff. 6-1-83; cr. (22) to (25), Register, October, 1990, No. 418, eff. 11-1-90; am. (10) and (18), cr. (26), Register, February, 1996, No. 482, eff. 3-1-96.

NR 50.06 NR 50.06 LAWCON program.

NR 50.06(1) (1) Purpose. The purpose of this section is to establish standards for the administration of the land and water conservation fund act of 1965 (LAWCON) under ss. 20.370 (5) (cy) and 23.30 (3) (h), Stats.

NR 50.06(2) (2) Applicability. The provisions of this section are applicable to all towns, counties, villages, cities, Indian tribes, school districts, soil and water conservation districts and state agencies participating in the LAWCON aid program.

NR 50.06(3) (3) Allocation of funds.

NR 50.06(3)(a) (a) LAWCON funds apportioned to Wisconsin each fiscal year shall be allocated as follows:

NR 50.06(3)(a)1. 1. Fifty percent to local governments;

NR 50.06(3)(a)2. 2. Fifty percent to state agencies.

NR 50.06(3)(b) (b) The federal cost sharing may not exceed 50 percent of the total LAWCON eligible cost of the projects, unless otherwise specified by law.

NR 50.06(3)(c) (c) Funds allocated to local governments and state agencies but not encumbered shall remain allocated for use under this section and shall be available for use during subsequent funding cycles to the extent provided by law.

NR 50.06(4) (4) General provisions.

NR 50.06(4)(a) (a) Applicants are required to submit comprehensive outdoor recreation plans which have been formally approved by resolutions passed by the local governing bodies; or applicants may qualify for eligibility if their proposed projects are identified in approved plans of other units of government. The University of Wisconsin System shall have support for its applications in department approved plans of the communities in which the schools are located. The system and the communities are required to coordinate their respective programs through the comprehensive planning process. The system shall rely on comprehensive outdoor recreation plans which have been formally approved by the local governing bodies.

NR 50.06(4)(b) (b) Priorities in ranking are given to projects based on the following project, activity and applicant criteria:

NR 50.06(4)(b)1. 1. Projects which meet urban needs;

NR 50.06(4)(b)2. 2. Activities for the general public over those for a limited group;

NR 50.06(4)(b)3. 3. Basic over elaborate facilities;

NR 50.06(4)(b)4. 4. Participant over spectator facilities;

NR 50.06(4)(b)5. 5. Projects not having other public or private funds available to them;

NR 50.06(4)(b)6. 6. Projects where a scarcity of recreational land exists;

NR 50.06(4)(b)7. 7. Acquisition over development;

NR 50.06(4)(b)8. 8. Projects which may enhance or preserve natural beauty;

NR 50.06(4)(b)9. 9. Completion of projects already started where possible, when it has been shown those projects are sound and well conceived;

NR 50.06(4)(b)10. 10. Development, when possible, of areas previously acquired;

NR 50.06(4)(b)11. 11. Renovation of existing facilities which are in danger of being lost for public use;

NR 50.06(4)(b)12. 12. Applicants which have not received outdoor recreation funds in the past;

NR 50.06(4)(b)13. 13. Applicants which have good performance records on prior outdoor recreational projects;

NR 50.06(4)(b)14. 14. Applicants which are financially able to adequately maintain and operate the area or facility;