Section NR 120.12 - Nonpoint source grant agreement(1) GRANT AGREEMENT. The nonpoint source grant agreement is an agreement entered into between the department and a grantee, consisting either of a governmental unit or a state agency, to provide cost-share funding for a priority watershed or priority lake project. The nonpoint source grant agreement may be used in lieu of a cost-share agreement with a grantee for the installation of a structural practice on land owned or operated by the grantee. More than one nonpoint source grant agreement may be awarded for a project.(2) CONDITIONS. (a) Consistent with the priority watershed plan, a grantee located within the priority watershed project or priority lake area project shall:1. Execute a nonpoint source grant agreement with the department for nonpoint source pollution abatement funds necessary to administer cost-share agreements with eligible recipients. This requirement may be waived if the department and the grantee agree to delegate these responsibilities to another grantee.2. Enter into cost-share agreements with eligible recipients located within its jurisdiction. This requirement may be waived if the department and the grantee agree to delegate this responsibility to another grantee.3. Be fiscally responsible for the use of cost-share funds provided to cost-share recipients under the nonpoint source grant. Specifically, this includes preparing and maintaining adequate fiscal management and technical assistance files as described in ss. NR 120.25 and 120.26. This requirement may be waived if the department and the grantee agree to delegate these responsibilities to another grantee.4. Provide the department with verification of proper installation, operation and maintenance of best management practices for agreements in which it is the cost-share grantor.5. Provide best management practice technical design and installation assistance for all best management practices in cost-share agreements within its jurisdiction. The grantee may assign this requirement to another grantee if approved by the department.6. Contact all owners or operators of lands identified as significant nonpoint sources in the watershed plan.7. Participate with the department in the annual watershed project review meeting.8. Enforce the terms and conditions of the cost-share agreement as described in s. NR 120.13.(b) A grantee located within the priority watershed project or priority lake area project may identify a lead grantee responsible during the grant period for the following: 1. Local project coordination.2. Identification of a project manager.3. Maintenance of project ledgers.(c) A grantee located within the priority watershed project or priority lake area project shall provide financial support towards the implementation of a project, including, but not limited to, the following: 1. Funding staff support costs necessary for the project that are not provided for in the local assistance grant from DATCP.2. Funding the local share of any best management practice the grantee installs on property it owns or controls.3. Funding the local share of items cost-shared in the local assistance grant from DATCP.(d) Grantees located within the priority watershed project or priority lake area project shall perform inspections beyond the nonpoint source grant period and shall include this activity in the work plan portion of the county land and water resource management plan to ensure that cost-share recipients are complying with the maintenance requirements described in s. NR 120.13.(3) SIGN-UP PERIOD. (a) The period in which cost-share agreements may be signed through the nonpoint source grant agreement shall be for a minimum of 3 years but may not extend beyond the grant period. No cost-share agreement, except those signed under a demonstration project, may be signed until after the priority watershed plan has been approved.(b) A watershed project in planning may choose the specific duration of the sign-up period, provided that all the following conditions are met:1. The sign-up period is for a minimum of 3 years.2. The sign-up period is clearly stated in the watershed plan.3. The watershed plan clearly delineates the procedures necessary for the extension of the sign-up period.(c) A grantee whose watershed project is in implementation may amend the nonpoint source grant agreement to modify the length of the sign-up period provided that a written grant amendment request and an explanation justifying circumstances is submitted to the department for approval.(d) The department may unilaterally extend the sign-up period for a project sponsor by amending the nonpoint source grant.(4) LENGTH OF GRANT PERIOD. The grant period of the nonpoint source grant agreement is the period when cost-share funds may be expended. (a) The department may adjust the grant period to meet budgetary limitations.(b) Extensions to grant periods shall be consistent with s. 281.65(5q) or (11), Stats.(5) INSTALLING BEST MANAGEMENT PRACTICES. When installing best management practices, the grantee shall do all of the following: (a) Comply with the responsibilities stated in s. NR 120.05.(b) Submit estimates of all practice costs, eligible costs, ineligible costs, cost-share rates and estimated total cost-share amount.(c) Submit a schedule of installation and maintenance for the practices.(d) Submit copies of all professional services contracts, construction contracts, bid tabulations, force account proposals, proposals and other related information requested by the department. Professional services contracts exceeding $10,000, or amendments causing the total contract to exceed $10,000, amendments exceeding $10,000 and construction contracts exceeding $35,000 shall be submitted to the department for approval before execution. Force account proposals exceeding $35,000 shall be submitted to the department for approval prior to the initiation of construction.(e) Repay the department the full amount of funds received if the grantee fails to fulfill any terms of the agreement, including failing to install, operate and properly maintain the practices included in the grant agreement.(f) Submit a maintenance strategy for the practices.(g) Agree not to adopt any land use or practice which defeats the purposes of the best management practices.(h) Comply with the requirements for cost-share agreements specified in s. NR 120.13(6) to (8).(6) EXPENSES. The grantee may use nonpoint source grant funds to cover reasonable expenses necessary to secure refunds, rebates or credits described in s. NR 120.23 when approved by the department.(7) FUNDS FOR EASEMENTS. The grantee may use nonpoint source easement funds to acquire easements as provided for in s. NR 120.185(2).(8) GRANT REDUCTIONS. The department may unilaterally reduce the nonpoint source grant to the amount necessary to meet budgetary limitations. The department shall make every effort to provide funding for projects the grantee has committed to in cost-share agreements and contracts.(9) DEMONSTRATION PROJECTS. A governmental unit participating in the preparation of a watershed plan may request from the department a demonstration project nonpoint source grant prior to department approval of the watershed plan. Grant periods of grants awarded for demonstration projects may not exceed 2 years in length. Requests for demonstration projects shall include a summary of the proposed activities and their projected benefits to the watershed or lake project.(10) JOINT ALLOCATION PLAN. The department shall prepare an ACRA for each grantee each calendar year. The department shall provide the department of agriculture, trade and consumer protection information about grant decisions it has made under this section for incorporation into the joint allocation plan required under ss. 281.65(4) (pm) and 92.14(14), Stats.Wis. Admin. Code Department of Natural Resources NR 120.12
CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.