Costs incurred in a contract which creates a real or apparent conflict of interest. An apparent conflict of interest arises when an official or employee of a grantee participates in the selection, awarding or administration of a contract supported by this project and:
The official or employee, or his or her spouse or partner, has an ownership interest in the firm selected for the contract; or
A person identified in subd. 1.
receives a contract, gratuity or favor from the award of the contract.
Program costs incurred before or after the project period.
NR 47.56 History
Cr. Register, August, 1992, No. 440
, eff. 9-1-92; am. (1) (b), (d) and (2), renum. (3) (a) and (b) to be (3) (intro.) to (d) and (e) and am. (3) (b) and (c), cr. (3) (f), Register. May, 1999, No. 521, eff. 6-1-99.
Grant selection process.
Projects selected for grants under this subchapter, shall relate to urban forestry. When selecting projects, the department may give priority to the following listed in no particular order:
Applicants with an administrative unit, board or commission charged with the development and administration of a comprehensive tree care program.
Applicants with a tree ordinance, plan or administrative rule which describes public policies for tree planting, protection, maintenance and removal.
Applicants with an ongoing forestry program budget. This funding need not be a line item amount in the budget but could include for example expenditures for tree removal, administration expenses, volunteer labor and other activity involved in managing trees.
Applicants that have not received urban forestry assistance grants in the past.
Projects that maximize benefits to the urban forest resource.
Projects that involve the community in the development or implementation of the project.
Projects that maximize benefits to the public.
Projects that involve or stimulate cooperation with other local governments, organizations, schools or businesses.
NR 47.57 History
Cr. Register, August, 1992, No. 440
, eff. 9-1-92; am. (intro), cr. (12), Register, May, 1994, No. 461
, eff. 6-1-94; am. (intro.) and (1), Register, May, 1999, No. 521
, eff. 6-1-99.
Grant awards; payment. NR 47.58(1)
Grants shall be awarded subject to execution of the department's project agreement.
Not-for-profit organizations may request an advance payment of no more than 50% of the grant upon the awarding of the grant.
Each grantee shall submit to the department a final accounting claim for reimbursement, supported by evidence of cost, within 90 days after the grant expiration date.
Final balance payments for not-for-profit organizations that received an advance, and grant payments for all other grantees, shall be made upon approval of the final report and the final accounting claim.
(3) Final audit.
All payments are contingent upon final audit. Financial records including all documentation to support entries in the accounting records to substantiate charges for each project shall be kept available for review by state or federal officials for a period of 3 years after final payment.
NR 47.58 History
Cr. Register, August, 1992, No. 440
, eff. 9-1-92; r. and recr. (2), Register, May, 1999, No. 521
, eff. 6-1-99.
County forest project loans. NR 47.60(1)
The purpose of this section is to implement and administer project loans under s. 28.11 (8) (b) 2.
, Stats., pertaining to county forest operations.
This section is applicable to those counties which have land entered under s. 28.11 (4)
, Stats., as county forest and which apply for a county forest project loan.
To be eligible for a county forest project loan:
Projects shall be economically productive forest operations, including land acquisition.
Projects shall be consistent with the county's 10 year comprehensive land use plan under s. 28.11
Loans may not be used for construction of recreational facilities or for fish or wildlife management projects.
A county may apply for project loans under this section for the purposes described in sub. (3)
. The application shall include but is not limited to:
An approved county board resolution specifying the county's decision to apply for a county forest project loan.
The project specifications including: maps, a short narrative, and an estimated cost breakdown including any county contributions.
Any other information the department feels necessary and requests within 20 days following receipt of the application.
Applications shall be filed by the county with the department of natural resources, bureau of forestry.
NR 47.60 Note
Note: The mailing address is WI DNR, Bureau of Forestry, P.O. Box 7921, Madison, WI 53707-7921 Attn: County Forest Specialist.
(5) Application deadline; decisions on applications. NR 47.60(5)(a)(a)
Project loans shall be awarded annually on a fiscal year basis and applications shall be accepted during the application periods in this section. The first application period shall be from July 1 to August 15. Decisions on those applications shall be made in accordance with sub. (6)
no later than the following September 15.
The second application period shall be from August 16 to December 1. Decisions on those applications shall be made no later than the following January 1.
Notwithstanding sub. (6)
, all other applications received from December 2 to June 30 shall be approved on a first-come, first-serve basis.
A county may apply more than once in any given calendar year.
Second preference: Land management activities including but not limited to:
Release from competing vegetation (conifers or hardwoods both artificially or naturally regenerated).
Land management equipment including tree planters, scarifier and other management equipment.
Third preference: Land information activities including but not limited to:
Geographic information systems including computer hardware, software and digitizing of forest management information;
Fourth preference: Capital purchases/improvements including but not limited to:
Within a preference category, projects shall be prioritized in ascending order, with projects in counties that have most recently received project loans given lowest priority and projects in counties that have not received loans previously given highest priority.
For applications in the same preference category except as provided under par. (b)
, preference shall be selected by lottery.
If after ranking a project loan application in accordance with pars. (b)
only partial funding is available due to insufficient funds, the department shall offer the applicant the choice of receiving partial funding for the project up to the amount of available funding or withdrawing the application.
(7) Approved project modifications.
Project loans may be modified regarding the type of activities to be funded and the date and type of loan disbursements with written approval from the department. Requests for an increase in the loan amount shall be accompanied by a county board resolution authorizing the request.
Payment of all loans shall be made at project completion unless an advance payment has been made by the department.
An advance payment of not more than 75% of the loan amount may be paid upon mutual agreement of the applicant and department.
The recipient shall submit information requested by and satisfactory to the department demonstrating project completion.
A loan may be approved with payments in 2 consecutive fiscal years as long as the payment in each year does not exceed 25% of the total available funds for the year, except funding may exceed the 25% limit by applying all funds not applied for and remaining available following April 15 of each year not to exceed the application total.
NR 47.60 Note
Note: A loan in the amount of $100,000 each year is approved even though the application was for $200,000 each year. If after April 15 the account balance is $100,000, that money would be sent to fulfill that year of application amount.
(9) Project completion accountability and audit procedures. NR 47.60(9)(a)(a)
Project loan funds may be spent only on project identified costs and in compliance with the provisions of the loan agreement.
All loan records shall be audited with the normal departmental audit of the county forest program.
An approved project may not exceed 2 years in length unless written approval is obtained from the department.
(10) Project agreement.
Recipients of project loans under this section shall enter into and comply with a project loan agreement containing provisions consistent with s. 28.11 (8) (b) 2.
, Stats., this section and mutual obligations with regard to a portion or all of a specific project.
NR 47.60 History
Cr. Register, August, 1995, No. 476
, eff. 9-1-95.
County forest administration grant program. NR 47.70(1)(1)
The purpose of this section is to establish standards and procedures for implementation of a grant program to contribute funds towards payment of the salary and fringe benefits of a professional forester in the position of administrator or assistant administrator of a county forest and also payment of a county's dues to a non-profit organization that provides leadership and counsel to a county forest administrator and serves as an organizational liaison to the department.
"Annual plan of work" means a listing of work projects and activities agreed to by the department and the county to be performed in the upcoming calendar year in the county which involves the management of the forest resources and its attributes.
"Annual salary" means the total annualized compensation paid to a county employee excluding the cost of any fringe benefits.
"Cost shared administrator" means any department employee who is presently performing the duties of county forest administrator by mutual agreement of the county and the department.
"County" means a county that has entered county-owned land under the county forest law, ss. 28.10