Section 50.32. Annual 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:

(a) The total grant amount under sub. (1) .

(b) The subtotal amount allocated from each relevant fund source under s. ATCP 50.28 (1) (a) .

(c) Grant terms and conditions, including conditions required under this section.

(3)   Use of annual staffing grants; general. A county may use an annual staffing grant under sub. (1) in the year for which the grant is made. The county may use the grant for any of the following purposes, subject to the terms of the grant contract:

(a) Employee salaries, employee fringe benefits, and contractor fees for county employees and independent contractors performing soil and water resource management activities for the county land conservation committee.

(b) Training for county employees and land conservation committee members to the extent authorized under sub. (3m) .

(c) County employee support costs under sub. (4) .

(d) Landowner cost-share grants, to the extent authorized under sub. (11) .

(3m)   Training costs. An annual staffing grant may pay for any of the following county employee and land conservation committee member training costs, including registration fees, travel, and materials:

(a) Training in conservation planning and management, technical standards implementation, clerical assistance, computer usage, and communications.

(b) Courses building skills to perform current responsibilities or develop professionally in the field of soil and water management.

(c) Other training costs identified in the grant application for the grant year in which the funds are to be expended.

(4)   Staff support costs. An annual staffing grant may pay for any of the following county employee support costs identified in the grant application:

(a) Mileage expenses at the state rate. A staffing grant may not be used to lease or purchase a vehicle.

(b) Personal computers, software, printers, and related devices.

(c) A proportionate share of the costs for required financial and compliance audits.

(d) Costs for information and education materials, newsletters, office supplies, maps and plats, photocopying, printing, and postage. This does not include rent or capital expenditures.

(e) Other staff support costs that the department identifies, in the grant application form, as being reimbursable for all counties.

(5)   Grant amounts.

(a) The department may award different grant amounts to different counties under sub. (1) , based on a consideration of factors identified in s. ATCP 50.30 .

(b) The total grant amount reimbursed to a county for training and support costs may not exceed 10% of a county's annual grant allocation.

(6)   Grant payments.

(a) The department shall make grant payments under sub. (1) on a reimbursement basis. The department shall pay reimbursement within 30 days after the county land conservation committee files a valid reimbursement request under sub. (7) . The department shall pay reimbursement, at the rate provided under sub. (8) , on reimbursable expenditures identified in the reimbursement request. Total payments may not exceed the total grant award under sub. (1) .

(b) The department may reimburse eligible costs that are incurred during the grant year and paid by January 31 of the year following the grant year. The department may not reimburse any costs incurred after December 31 of the grant year, or paid after January 31 of the following year. Unspent funds remain with the department, for distribution under a future annual allocation plan.

(c) If a county redirects the unused portion of an annual staffing grant for cost-share payments to landowners, as provided in sub. (11) , the department shall reimburse county cost-share payments to landowners according to s. ATCP 50.34 .

(7)   Reimbursement requests.

(a) To obtain a reimbursement payment under sub. (6) (a) , a county land conservation committee shall file a reimbursement request on a form provided by the department. A county may file a reimbursement request on or after July 1 for costs incurred before July 1. A county may file a second reimbursement request for costs incurred on or after July 1. A county may file no more than 2 reimbursement requests, and shall file all reimbursement requests by February 15 of the year following the grant year.

(b) An authorized county representative shall sign each reimbursement request. The request shall certify that the county has fully paid the costs for which the county seeks reimbursement, and that those costs are eligible for reimbursement under this chapter and the grant contract.

(c) A reimbursement request shall specify the nature and amount of costs on which the county seeks reimbursement. If the county seeks reimbursement of employee salaries, employee fringe benefits, or independent contractor fees, the request shall specify all of the following for that employee or independent contractor:

1. The position number of the employee, or the contract number of the independent contractor.

2. The total amount of salaries and fringe benefits, or the total amount of contractor fees, on which the county seeks reimbursement.

3. Whether the employee or independent contractor is a first, second, or subsequent position for purposes of s. 92.14 (3) and (5g) , Stats.

4. The amount of applicable matching funds provided to cover the county portion of salary and fringe benefits.

5. The share of the employee or independent contractor costs that are attributable to other land and water resource management activities.

(d) If a county reallocates grant funds to a local government or tribe under sub. (1) , the county shall submit reimbursement requests on behalf of that local government or tribe. The county shall submit and certify each reimbursement request according to this subsection, based on information that the local government or tribe certifies to the county. The department may reimburse the local government or tribe based on a valid county request under this paragraph.

(8)   Reimbursement rate.

(a) The department shall reimburse eligible county costs for employee salaries, employee fringe benefits, and independent contractor fees at the rate provided under s. 92.14 , Stats.

(b) The department may reimburse eligible county employee training and support costs at 100%, subject to sub. (5) (b) .

(c) For the purpose of determining reimbursement rates under s. 92.14 , Stats.:

1. A county may choose which employees or independent contractors are considered the county's first, second, and subsequent staff persons.

2. The department may reimburse eligible costs for the county's first designated staff person at 100%.

4. Except as provided under subd. 2. , the department may reimburse eligible staffing costs at the rate prescribed in s. 92.14 (5g) (a) , Stats.

(d) A county receiving an annual staffing grant under this chapter shall maintain its annual soil and water resource management expenditures at or above the average annual amount that the county expended in the years 1985 and 1986, as required by s. 92.14 (7) , Stats. A county may count, as part of its contributions under this paragraph, county expenditures for employees and independent contractors who work for the county land conservation committee. A county may not count capital improvement expenditures, or the expenditure of grant revenues that the county receives from other governmental entities.

(9)   Records.

(a) A county land conservation committee shall keep records related to annual staffing grants under this section. The records shall document that the county used grant funds according to this chapter and the grant contract. The county shall retain the records for at least 3 years after the end of the grant year.

(b) If a county reallocates grant funds to a local government or tribe, that local government or tribe shall also keep records under par. (a) .

(10)   Bond revenues may not be used for county staffing. Bond revenue funds may not be used for an annual staffing grant under sub. (1) .

(11)   Redirecting staffing grants for cost-share payments to landowners. A county may redirect a portion of its annual staffing grant to fund cost-share grants to landowners under s. ATCP 50.34 if all of the following apply:

(a) The department approves, in writing, the total staffing grant amount that the county may redirect.

(b) The county uses the redirected funds in the year for which the funds are allocated.

CR 01-090 : cr. Register September 2002 No. 561 , eff. 10-1-02; CR 08-075 : am. (7) (a) Register April 2009 No. 640 , eff. 5-1-09; CR 13-016 : am. (3) (b), cr. (3m), r. and recr. (5) (b), am. (7) (b), r. and recr. (7) (c) 4., am. (8) (b), (c) 2., r. (8) (c) 3., am. (8) (c) 4. Register February 2014 No. 698 , eff. 5-1-14.

Note

The department may award annual staffing grants from applicable appropriations under s. 20.115 (7) , Stats. The department may not use bond revenue funds for county staffing grants. Microsoft Windows NT 6.1.7601 Service Pack 1 Grant contracts, including grant amounts and fund sources, must conform to the grant allocation plan under s. ATCP 50.28 . Bond revenues may not be used for staffing grants. Microsoft Windows NT 6.1.7601 Service Pack 1 Soil and water resource management activities may include activities under this chapter, ch. 91 , Stats., and s. 93.90 , Stats., the CREP program activities and projects funded by DNR under ss. 281.65 and 281.66 , Stats., and activities related to DNR notices of discharge under ch. NR 243 . Microsoft Windows NT 6.1.7601 Service Pack 1 A county may contract with engineers, nutrient management planners, computer specialists, information and education specialists, consultants, and other independent contractors to work on behalf of the county land conservation committee. A county may use annual staffing grant funds to pay for the services of these independent contractors. Microsoft Windows NT 6.1.7601 Service Pack 1 Subject to the availability of funds, the department may offer each county a minimum staffing grant amount specified in the annual grant application. See s. ATCP 50.26 . In lieu of offering a minimum grant award, or in addition to such an award, the department may base awards on the grant priorities in s. ATCP 50.30 . The department has legal discretion to adjust grant awards from year to year, based on any of those factors. Microsoft Windows NT 6.1.7601 Service Pack 1 The department does not provide paper copies of its grant forms. To obtain the most current program grant forms, including the form to request reimbursement from the department, counties should refer to the program's working manual on the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx . Microsoft Windows NT 6.1.7601 Service Pack 1 Counties can use various funding sources to meet their match requirement, including county levy, permit fees, private grants, federal grants, state funds other than those under chs. 92 , 281 , and 283 , Stats., or any other qualifying source. Microsoft Windows NT 6.1.7601 Service Pack 1 A county land conservation committee need not submit documentation supporting its certification under sub. (7), but must keep that documentation on file as required by sub. (9). The committee must make the documentation available to the department and grant auditors upon request. Microsoft Windows NT 6.1.7601 Service Pack 1 Bond revenues are those appropriated under s. 20.866 (2) (we) , Stats. The Wisconsin constitution limits the use of bond revenues. Microsoft Windows NT 6.1.7601 Service Pack 1 The department will pay approved cost-share reimbursements according to the procedure in s. ATCP 50.34 . Microsoft Windows NT 6.1.7601 Service Pack 1