(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.
Note: The department must prepare an
environmental assessment on its annual grant allocation plan, and may explain
grant allocations in the environmental assessment. See s.
ATCP 3.02(1)
(h).
(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.
Note: The department may explain its
allocations in the environmental assessment that accompanies the allocation
plan. See s.
ATCP 3.02(1)
(h).
(e) The amount allocated to each grant
recipient under s.
92.14(10),
Stats., if any, and an explanation for each allocation.
Note: The department normally awards grants
under this chapter only to counties. But under s.
92.14(10),
Stats., the department may also award grants to other persons for information,
education, training, and other services related to the administration of this
chapter. See s.
ATCP
50.35(2) for the application
process.
(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.
Note: The department and DNR must prepare a
joint grant allocation plan under ss.
92.14,
281.65,
and
281.66,
Stats. DATCP will prepare its portion of the joint allocation plan according to
this section. DATCP and DNR will jointly submit their portions of the annual
grant allocation plan to the LWCB for its recommendations. The DATCP and DNR
secretaries will then approve their agencies' respective portions of the joint
plan. Although neither agency is legally empowered to veto or modify the other
agency's portion of the plan, the agencies will strive for agreement on the
joint plan.
(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.
Note: The department will normally provide a
preliminary draft plan to DNR, the LWCB, and the county land conservation
committees by August 1 of the year preceding the calendar year to which the
plan applies.
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.
Note: If the department makes material
revisions to the preliminary draft plan before seeking final LWCB
recommendations, the department will 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.
Note: The department may reduce or withhold
funding to counties that fail to file timely grant applications or reports, or
fail to comply with other requirements under this chapter. See ss.
ATCP
50.18(2),
50.30(3) and
50.36(3).
(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:
1.
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).
Note: The department will normally grant
funding extensions under subd. 1. by April 30 of each grant year, based on
extension requests filed by December 31 of the preceding grant year. See s.
ATCP
50.34(6). Staffing grants may not be
extended into the next calendar year.
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 cost-share 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).
Note: The department will not prepare an
environmental assessment on a plan revision unless the revision materially
alters the original environmental assessment. The department will not
ordinarily prepare an environmental assessment on a plan revision consisting
solely of contract funding extensions under par. (a) 1.
(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.
Notes
Wis. Admin.
Code Department of Agriculture, Trade and Consumer
Protection
§
ATCP
50.28
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.