Stewardship Terms and Conditions

Before applying for a Stewardship grant, it’s important to know what perpetual obligations come attached to Stewardship dollars. The requirements of Stewardship grant programs are spelled out in grant agreements or contracts, the administrative rules for each program, and in state and federal statutes.

Some of the “strings” attached to Stewardship grants from all subprograms are listed below. Others conditions are relevant either to Nonprofit Conservation Organizations or Local Governments only.

Terms and Conditions for all Stewardship Grant Recipients

Public Access. When the Stewardship Program was reauthorized for another 10 years in October 2007, the Program was modified to require that all property purchased in whole or in part with Stewardship funds must be open to the public for nature based outdoor activities (NBOAs). Those NBOAs are defined as hunting, fishing, trapping, hiking, and cross country skiing. The Department may allowing a prohibition of one or more of the NBOAs if the Natural Resource Board has determined that the prohibition is necessary to protect public safety or unique plant or animal communities. Any applicant considering a prohibition of one of the five NBOAs needs to be familiar with both the Stewardship statutes and ch. NR 52, Wis. Adm. Code.

If Stewardship funds will acquire property that is landlocked, applicants will need to obtain an easement for access purposes over adjoining property. Applicants are required to use a the DNR standard Access Easement template available here.

Signage. Per section 23.0915, Wis. Stats., all lands purchased with Stewardship funds must be posted with signs that give notice to the public:

1. That the land was acquired with Stewardship funds and
2. About either the primary activities that are restricted or prohibited on property or the primary activities permitted. More detailed information about this requirement, including sample signs, is available here.

Compliance with Laws. Grantees must comply with all applicable local, state, and federal statutes, regulations, administrative rules that will affect the Stewardship property, including but not limited to, general and special zoning, land use permit requirements, accessibility for persons with disabilities, environmental quality, and historical and archaeological preservation.

User fees. Grantees may charge reasonable user fees to offset operation and property maintenance costs. By law, daily user fees shall not exceed the current cost of a daily pass at a Wisconsin State Park. Local government grantees my charge a different fee to residents or non-residents as long as the non-resident fee does not preclude use by the non-residents and does not exceed 1.5 times the resident fee rate.

Project income. Income received from fees charged on a property purchased in part with a Stewardship grant must be used to further the objectives of the project as stated in the grant agreement/contract or to further the objectives of another Stewardship project.

Grantees must keep income in a segregated account. The department may request an annual income and expenses report for funds in such a segregated account. If you anticipate selling any structures or improvements from a property that was purchased in part with a Stewardship grant, one half of all receipts shall be reimbursed to the department or will be deducted from any outstanding reimbursement.

If a property is enrolled into the County Forest Law Program, then any income derived from the property may be divided according to the laws for that program.

Overhead power lines. The DNR requires that any new electrical or communication lines on Stewardship lands be installed underground unless there is a pre-existing easement that specifically allows installation above ground. On Stewardship-funded conservation easements, we also recommend, but do not require, that existing lines be buried, removed, or relocated when possible.

Terms and Conditions of Stewardship Grants to Nonprofit Conservation Organizations (NCOs)

Grant Contracts. When an NCO accepts a Stewardship grant, they sign a grant contract through which they agree to comply with Stewardship program requirements defined by that contract and in ch. 51, Wis. Adm. Code . The grant contract is recorded on the property deed and becomes a permanent encumbrance on the property. All obligations, terms, conditions, and restrictions of the grant contract are limitations on the use of the property in perpetuity.

Stewardship in the Deed. Any property incorporated into the Stewardship program, either through direct acquisition or because it was used as match to a Stewardship grant on another property, must to have that relationship with the Stewardship program and the state reflected in the language of the deed. Standard deed language is available from regional grant staff.

Land Management Plans. NCO grantees are responsible for ensuring that the natural values of a Stewardship property are protected and maintained in perpetuity and that the property is managed according to the terms of a Land Management Plan approved by the DNR. Land Management Plans are a requirement of the program and are developed by the NCO in consultation with DNR resource specialists. When a property acquired with a Stewardship grant is within the boundaries of a DNR project, the Land Management Plan must also be consistent with the Master Plan for the DNR project. The Land Management Plan becomes by reference part of the Stewardship contract. More information about developing a Land Management Plan may be found in NCO application material.

Department Access for Inspections. Grantees are responsible for compliance with Stewardship statutes and administrative code and for management and maintenance of Stewardship property. However, the Department reserves the right of access to Stewardship funded properties to monitor compliance and carry out management activities necessary to ensure the public's rights and safety.

Reversionary Rights. If an NCO violates any essential condition of the grant contract and fails to correct it within six months after written notification is received from the Department, all title, right, and interest in the property held by the NCO shall vest in the Department. In the event the NCO dissolves, the property shall revert to the Department unless it approves transfer to another NCO or government agency.

Conveyance of Property or Property Rights. An NCO may not convey any interest in a property purchased with Stewardship funds to a third party nor allow any leases, permits, or encumbrances on that property without the prior written approval of the Department. If an applicant knows that it will transfer property purchased with Stewardship funds to another nonprofit or a local government, applicants must make grant staff aware of that pending transfer at the time of application; the Department will still need to approve transfer and be signatory on assignment documents that must be recorded. If the Department should approve a transfer to a third party, the third party is obligated to comply with all requirements of the Stewardship Program.

Property purchased with Stewardship funds may not be used as security for any debt unless the Department previously approves this arrangement , which is not likely. If necessary, the Department could take action to prevent the placement of liens, judgments, or encumbrances on property purchased with Stewardship funds.

501(c)(3) Status. Each NCO applying for Stewardship funds must maintain its Federal 501(c)(3) tax-exempt status and inform the Department of any changes or challenges to that status.

Natural Areas Dedication. If an organization is awarded a grant through the Natural Areas subprogram, the organization must offer the property for dedication as a State Natural Area under ss. 23.27 and 23.29, Wis. Stats., unless the Department exempts the property.

Conservation Easements. When a Stewardship grant is awarded for acquisition of a conservation easement, the NCO must complete and submit a baseline report of conditions on the property by the closing date and monitor the easement once a year to ensure that the conditions of the easement are being satisfied. Detailed information on the Department’s easement requirements will be found here.

Terms and Conditions for Grants to Local Governments

You'll find the statutory and administrative code references noted for each program within the individual detailed program descriptions. Following is a summary of the key requirements to help you decide if these grant programs fit your local planning efforts and project.

No land may be purchased and no development project may start before you have been awarded a Stewardship grant. If you need to purchase a property before a grant is issued, you must first obtain a "letter of retroactivity" from your DNR region CSS to protect the project's eligibility for grant funding. For development projects, it is possible to incur costs for pre-engineering and project design activities prior to the grant award. Make sure you specify these costs on the grant application Cost Estimate Worksheet, Form 8700-14.

Land acquisition projects must be completed in accordance with land acquisition and appraisal procedures as defined in Wisconsin Statutes as well as other related state and federal requirements. These procedures can be complex and confusing, especially if you are considering a project where environmental contamination of the property is known or suspected. If you are considering applying for grant to acquire land, it is critical that you contact your DNR regional CSS to discuss your project and obtain the land acquisition guidelines and appraisal guidelines prior to beginning negotiations with the land seller.

Grant recipients have obligations in perpetuity. Accepting a Stewardship grant for your project means that you are agreeing to the conditions and requirements of the grant programs and you have the obligation to keep the land purchased or site developed for public outdoor recreation in perpetuity.

Public access is fundamental to the grant programs. Reasonable public access is required to and upon properties purchased or developed with Stewardship funds. When there is a question about the sufficiency of access, the Department will determine what is appropriate and reasonable public access for a site consistent with outdoor recreation activities planned for the property . Hours of operation should be determined according to the type of area or facility being operated and in relation to the seasons of the year.

Public use should begin ASAP. The public should get their money's worth in the expenditure of Stewardship funds. When public moneys are used to acquire land for outdoor recreational use that use should begin as soon as possible -- within a few months of its acquisition. The same holds true for development projects on land being acquired with Stewardship funds . Prior to the completion of development, it is important that the property be open to the public to the greatest extent possible for those recreational uses that the land is capable of supporting with a minimum of public investment. Delayed development should be discussed with the CSS in your region.

Development projects bidding & contracts. Grant recipients must comply with state and federal requirements for cost-containment, bidding, prevailing wage, and contracts for development projects. These procedures can be complex and require you to properly prepare Request for Proposal documents that include required information, publicly advertise for bids, and award contracts to the lowest qualified bidder. You should consult with your attorney to ensure that you are in compliance with these requirements.

Site maintenance. All areas acquired or developed with state funds must receive adequate maintenance to ensure continuing public use in a safe and sanitary manner.

Only outdoor recreation uses are allowed. Uses that cannot be categorized as nature-based outdoor recreation are not allowed on Stewardship funded properties. This means no fire stations, streets/highways, civic centers, libraries, museums, water towers, swimming pools, soccer fields, indoor recreation facilities, communication towers, landfills or the like. To prevent problems once you receive a Stewardship grant, it is good idea to thoroughly review future community needs when determining project boundaries at the time a grant application is submitted.

Selling or leasing a part of the grant property, or executing an easement on a portion of or all of the property is generally prohibited. On rare occasions, the department may approve the following exceptions depending on the details of the situation and whether the non-recreational use impact to the property is outweighed by the future recreation benefit to the public. Those circumstances could be as follows:

• Short-term (less than a year) continuation of an existing lease that the property sale is contingent on.
• Leasing a part of a property for agricultural purposes for five years or less in an interim time period when development must be delayed or when it is a contingency of the sale.
• Granting control or partial control of land for public roads, power line rights-of way, pipelines, sewer and water lines may be allowed depending on the impact of the action on the recreation resource with Department approval. The Department requires that land lost to outdoor recreation must be replaced with property of equal or greater recreational value and utility at the grantees expense; no grant funding is available for replacement property. Please contact your regional CSS before granting any control over Stewardship grant funded property.

All projects must comply with the Americans with Disabilities Act (ADA) as well as other federal civil rights regulations. ADA requires that all aspects of each project be accessible or "barrier free".

There are fundamental differences in how accessibility in the outdoors is accommodated when compared to indoors or the built environment. While restrooms, shelters, interpretive centers, and parking lots, for example, need to follow detailed ADA guidelines, other improvements such as trails, boat landings and swimming beach areas, for example, do not necessarily need to follow indoor or built environment ramp grades or surfacing requirement.

A good rule of thumb to follow is this: Anything constructed must not make the outdoor experience anymore difficult than what occurs in Nature. For specific guidance on outdoor accessibility issues go to: http://www.ada.gov/publicat.htm or http://www.ada.gov/2010ADAstandards_index.htm.

Historic Preservation Requirements. State and federal law requires that all grant-funded projects comply with historic preservation requirements. State funded projects are subject to review by the Department. Your DNR Region CSS can assist you with completing these reviews.

Inspections. In general, inspections to monitor compliance with the grant program requirements rests with you, the applicant. The applicant is responsible for the day-to-day operation and maintenance of the area or facility and, therefore, should make inspections as needed to ensure compliance. In some cases, the Department will ask you to perform an inspection by completing a questionnaire form. The Department reserves the right to conduct compliance inspections. You will be contacted in person or by letter if a problem is noted and property inspection is needed.

Retention of Records. All documents used to substantiate your financial claim(s) must be retained for four (4) years from the time of project completion. This includes such items as invoices, canceled checks, contracts, bid specifications, and time sheets.

Brownfields Site Properties. You may be able to obtain financial assistance for acquisition or development of contaminated property for recreation purposes. However, because of the complex nature of contaminated property in relation to the grant program requirements, discuss your project early on with the DNR regional CSS to determine the feasibility of grant assistance for the project. These grant programs do not reimburse clean up costs.