Section 50.28. Annual 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.

(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:

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) .

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) .

(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.

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.

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) . Microsoft Windows NT 6.1.7601 Service Pack 1 The department may explain its allocations in the environmental assessment that accompanies the allocation plan. See s. ATCP 3.02 (1) (h) . Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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) . Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1