NR 60.04(3)(a) (a) Priority. Any district may apply for financial assistance to undertake a feasibility study of a public inland lake wholly or partly within its boundaries. When financial assistance applications exceed funds available, applications will be ranked by the department based on adequacy of public access, including public lands and beaches; potential nonriparian use; degree of local commitment, and other factors considered relevant by the department. Feasibility study grants will be made in the order of ranking and the number will be limited by the funds available.

NR 60.04(3)(b) (b) Grant amount. Grant awards made under this section will be on a 60% state-40% local cost-sharing basis. The grant award shall be based on the lowest bid received, unless the district disqualifies such bidder(s) as being not responsive or responsible and so notifies the department. The department may require proof that annual meeting approval has been obtained whenever the district’s share of a feasibility study cost, exclusive of nonmonetary contributions, will exceed $5,000.

NR 60.04(3)(c) (c) Nonmonetary contributions. The district may apply nonmonetary contributions toward its share of study costs. To qualify for such credit, the district must provide the department with a copy of the contract with the successful bidder specifying the nonmonetary value of the contributions and the work to be performed, and properly account for such contributions pursuant to s. NR 60.11 (4) (b).

NR 60.04(4) (4) Grant agreement. The grant agreement shall contain the following provisions:

NR 60.04(4)(a) (a) Distribution of the aid shall be made in 4 installments. An initial installment of 10% of the grant offer shall be paid into a fund established by the district within 20 days after completion of a grant agreement. Payments representing 20% of the grant offer shall be made after receipt and approval by the department of each of the first 2 quarterly reports. The remainder of the grant will be paid after receipt and approval of the final feasibility study report required by s. NR 60.03 (4) (d) and any required audits.

NR 60.04(4)(b) (b) A starting date and schedule for completion of the study will be specified by the department. Changes in these dates must be approved by the department.

NR 60.04(4)(c) (c) Every grant awarded under this section shall contain a provision that the recipient in using the funds shall not discriminate against any person because of religion, sex, race, color or national origin.

NR 60.04(5) (5) Termination of the grant. A grant may be terminated by the department for any of the following reasons:

NR 60.04(5)(a) (a) The violation of any term or condition of the grant agreement by the grantee, or;

NR 60.04(5)(b) (b) The willful or bad faith refusal of any grantee to comply with the feasibility study requirements specified by the department, or;

NR 60.04(5)(c) (c) Any material misrepresentation made by the recipient on the application for financial assistance or the application for technical assistance required by s. NR 60.03 (2).

NR 60.04 History History: Cr. Register, February, 1979, No. 278, eff. 3-1-79.

NR 60.10 NR 60.10 Project planning and approval.

NR 60.10(1) (1) Initial adoption of project plan.

NR 60.10(1)(a) (a) Upon receipt and approval of the final feasibility study report, the department will formulate suggested alternative methods for protecting or rehabilitating the lake.

NR 60.10(1)(b) (b) The department will tentatively indicate which alternatives require the preparation of an environmental impact report (EIR) by the applicant or an environmental impact statement (EIS) by the department. If an EIS is required, formal adoption of a proposed plan by district resolution cannot take place until a preliminary environmental impact report (PER) has been completed, circulated, and the period for comment ended.

NR 60.10 Note Note: The authority for submission of an EIR is contained in s. 23.11 (5), Stats. The PER requirement is contained in ch. NR 150, Wis. Adm. Code, and in guidelines issued February 1976, pursuant to executive order no. 26, for the purpose of implementing s. 1.11, Stats. (Wisconsin Environmental Policy Act).

NR 60.10(1)(c) (c) Subject to par. (b), the district may select and adopt a proposed plan based upon the alternatives suggested by the department.

NR 60.10(2) (2) Request for hearing and application for permits and financial assistance.

NR 60.10(2)(a) (a) Following formal adoption of a proposed plan, a district may request that the department hold a hearing in the area as specified in s. 33.14, Stats.

NR 60.10(2)(b) (b) Applications for permits and financial assistance must be on forms provided by the department and will be accepted by the department between May 1-15 and November 1-15 of each year.

NR 60.10(3) (3) Hearing and department action on proposed plan.

NR 60.10(3)(a) (a) The department will set a time and place for a public hearing on the proposed plan within 10 days after receipt of the proposed plan, applications for required permits and financial assistance.

NR 60.10(3)(b) (b) The hearing will be held within 90 days after notice of hearing in the lake district vicinity. The hearing will be for the purpose of receiving testimony regarding:

NR 60.10(3)(b)1. 1. The environmental impact statement prepared by the department if required, and the proposed plan;

NR 60.10(3)(b)2. 2. The issuance of required permits;

NR 60.10(3)(b)3. 3. The potential for long-range environmental pollution as defined by s. 283.01 (6m), Stats., if the project is implemented;

NR 60.10(3)(b)4. 4. Views of the appropriate soil and water conservation district;

NR 60.10(3)(b)5. 5. Views of the appropriate regional planning commission;