NR 47.88 History History: Cr. Register, March, 1999, No. 519, eff. 4-1-99.
NR 47.89 NR 47.89 Enforcement.
NR 47.89(1)(1)If any landowner, successor or assignee uses any scheme or device to unjustly benefit from this program, the cost-share grants shall be withheld or a refund of all or part of any program payments otherwise due or paid that person shall be secured. A scheme or device includes, but is not limited to, coercion, fraud or misrepresentation, false claims, or any business dissolution, reorganization, revival or other legal mechanism designed for or having the effect of evading the requirements of this subchapter.
NR 47.89(2) (2)If any landowner or successor takes any action or fails to take action which results in the destruction or impairment of a prescribed practice for the duration of the practice, cost-share grants shall be withheld or a refund of all or part of any program payments otherwise due or paid shall be secured.
NR 47.89(3) (3)Nothing in this subchapter requiring the withholding or refunding of cost-share grants shall preclude any other penalty or liability otherwise imposed by law.
NR 47.89 History History: Cr. Register, March, 1999, No. 519, eff. 4-1-99.
NR 47.895 NR 47.895 Funding. Funding for grants under these rules includes:
NR 47.895(1) (1)Funds appropriated for the grant program established under s. 26.38, Stats.
NR 47.895(2) (2)Other state, federal, or nonprofit organization funds appropriated for the purpose of encouraging private forest landowners to manage lands in a manner that benefits this state's forest and related resources and the people of the state, provided the practice or practices identified for the funding are consistent with a ny identified in this subchapter as eligible for funding.
NR 47.895(3) (3)Other state, federal, or nonprofit organization funds distributed through this subchapter shall be distributed to practices or projects consistent with the appropriation.
NR 47.895 History History: CR 02-074: cr. Register November 2002 No. 563, eff. 12-1-02; CR 12-029: am. (2), (3) Register June 2013 No. 690, eff. 7-1-13.
subch. VIII of ch. NR 47 Subchapter VIII — Forest Fire Protection Grant Program
NR 47.90 NR 47.90 Purpose. The purpose of this subchapter is to implement and administer forest fire protection grants to municipal fire departments and other fire suppression organizations, as authorized under s. 26.145, Stats. The purpose of the grant funding is to expand the use of local fire departments to augment and strengthen the department's overall initial attack fire suppression capabilities on forest fires.
NR 47.90 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.
NR 47.901 NR 47.901 Applicability. The provisions of this subchapter are applicable to certain municipalities and not-for-profit organizations of the state who apply for forest fire protection grants under this subchapter.
NR 47.901 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.
NR 47.902 NR 47.902 Definitions. In this subchapter:
NR 47.902(1) (1)“Applicant" means the Wisconsin municipality, fire department or fire suppression organization that submits an application for grants under this subchapter.
NR 47.902(2) (2)“Fire department" has the meaning contained in s. 213.08, Stats.
NR 47.902(3) (3)“Fire suppression organization" means a not-for-profit organization whose primary purpose and activities support fire protection or suppression and that represents a majority of fire departments in a county or region that serve forest fire control areas established in ss. NR 30.01 and 30.02.
NR 47.902(4) (4)“Grantee" means the recipient of a grant under this subchapter.
NR 47.902(5) (5)“Municipality" means a Wisconsin city, village, town or county.
NR 47.902(6) (6)“Project" means the practice or activity for which funds are applied under this subchapter.
NR 47.902 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.
NR 47.903 NR 47.903 Application procedures.
NR 47.903(1)(1)Applicants shall submit applications on the prescribed department forms to the address shown on the application form. An applicant may not submit more than one application for grant funding in any single funding period as provided in subs. (2) and (3). The department shall send notice of the availability of application forms and instructions to all eligible fire departments in the state.
NR 47.903 Note Note: Application forms are available from the Division of Forestry by emailing a request to DNRFFPGrantProgram@wisconsin.gov.
NR 47.903(2) (2)Applicants for grant funding for the period which ends on June 30, 1998 shall submit their applications no later than April 15, 1998.
NR 47.903(3) (3)Beginning in 2002, applications shall be submitted no later than July 1 of each year unless otherwise provided for on the application.
NR 47.903(4) (4)No application from a fire suppression organization may be for more than $25,000 or less than $5,000 in grant funding.
NR 47.903(5) (5)No application from a fire department may be for more than $10,000 or less than $750 in grant funding.
NR 47.903(6) (6)Applicants who have been selected to receive grants shall be notified by the department and sent a grant agreement for signature and return. No project work may be done or cost incurred until the grant agreement has been signed by the department.
NR 47.903(7) (7)The department may require a fire suppression organization to file with the department a charter, constitution, bylaws or similar documents which describe the organization's objectives and activities in forest fire protection.
NR 47.903(8) (8)Applications submitted after the deadline date or containing incorrect or inaccurate information will not be considered.
NR 47.903 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 01-146: am. (3) and (6) Register May 2002 No. 557, eff. 6-1-02.
NR 47.904 NR 47.904 Grant calculation.
NR 47.904(1)(1)A grant under this subchapter shall be 50% of actual eligible cost. The estimated value of “in-kind" or donated labor, materials or equipment may not be considered actual eligible cost.
NR 47.904(2) (2)Grant applications will be funded in priority rank order. The last application for which funds are available may be offered less funding than the full amount requested. Copies of the standards are available for inspection at the offices of the legislative reference bureau and the secretary of state. Individual copies may be obtained from the bureau of forestry, DNR, P.O. Box 7921, Madison, WI 53707.
NR 47.904 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register April 2009 No. 640.
NR 47.905 NR 47.905 Eligibility.
NR 47.905(1)(1)Eligible applicant. An eligible applicant is:
NR 47.905(1)(a) (a) A fire department that provides service to a municipality that has executed a forest fire suppression agreement to assist the department in suppression of forest fires.
NR 47.905(1)(b) (b) A Wisconsin fire suppression organization that agrees to assist the department in the suppression of forest fires.
NR 47.905(2) (2)Eligible uses of grant funds. Requests for grant assistance are limited to materials, supplies and equipment which are primarily and directly associated with forest fire protection and suppression. Examples of eligible projects include:
NR 47.905(2)(a) (a) Forest fire protective clothing that meets NFPA Standard 1977.
NR 47.905(2)(b) (b) Tools and small diameter hose used for forest fire suppression, foam and portable foam delivery equipment, dry hydrants, vehicle slip-on pumping units.
NR 47.905(2)(c) (c) Communication equipment that is used for forest fire protection and suppression activities, such as radios, pagers, base station and repeater towers.
NR 47.905(2)(d) (d) Rural fire mapping and numbering and materials, supplies and equipment and direction or location devices such as global positioning system devices.
NR 47.905(2)(e) (e) Off-road vehicles such as all-wheel drive trucks of 1 to 5 ton capacity which are used primarily for forest fire suppression. Grant assistance for vehicles is limited to applications from individual fire departments.
NR 47.905(2)(f) (f) Forest fire prevention supplies.
NR 47.905(2)(g) (g) Forest fire training materials.
NR 47.905 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 01-146: cr. (2) (f) and (g) Register May 2002 No. 557, eff. 6-1-02.
NR 47.906 NR 47.906 Eligible and ineligible costs.
NR 47.906(1)(1)Eligible costs.
NR 47.906(1)(a)(a) Reasonable project costs which are necessary for and directly related to accomplishment of the approved project objectives and incurred during the project period are eligible for grant reimbursement.
NR 47.906(1)(b) (b) Eligible costs are limited to actual costs incurred and paid by the grantee and do not include “in-kind" costs or the estimated value of donated labor, materials or equipment.
NR 47.906(2) (2)Ineligible costs.
NR 47.906(2)(a) (a) Costs not directly associated with and necessary for accomplishment of the approved project objectives are not eligible for grant reimbursement.
NR 47.906(2)(b) (b) Costs incurred before or after the project period are not reimbursable under the grant.
NR 47.906(2)(c) (c) Costs for which payment has been or will be received under another federal or state financial assistance program are not reimbursable under the grant.
NR 47.906(2)(d) (d) 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:
NR 47.906(2)(d)1. 1. The official or employee, or her or his spouse or partner, has an ownership interest in the firm selected for the contract; or
NR 47.906(2)(d)2. 2. An official or employee of a grantee receives a contract, gratuity or favor from the award of the contract.
NR 47.906 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.
NR 47.907 NR 47.907 Grant selection process. In selecting grant application projects, the department shall give priority to the following factors which are listed in no particular order:
NR 47.907(1) (1)Eligible fire departments serving areas within organized forest fire control areas established under ss. NR 30.01 and 30.02.
NR 47.907(2) (2)Fire departments that provide initial attack response to wildfires within their jurisdictions at no cost to the department.
NR 47.907(3) (3)Fire departments with the majority of their members meeting NFPA 1051 standards for wildland fire fighter training.
NR 47.907(4) (4)Other applications or projects.
NR 47.907 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.
NR 47.908 NR 47.908 Grant awards; payment.
NR 47.908(1)(1)Grant awards. Grants shall be awarded subject to execution of the department's grant agreement by both the department and the grant applicant.
NR 47.908(2) (2)Payment. Final payment shall be made upon approval of the completed project by the department's forest fire protection grant manager approval of the completed claim for reimbursement from the grantee. Interim payment may be requested by the grantee and approved by the department where a financial hardship would be imposed by waiting until the project had been completed.
NR 47.908 Note Note: It is expected that interim payments would more often be made to fire suppression organizations who have large grants and limited capacity to pay vendor bills before they receive reimbursement from the department.
NR 47.908(3) (3)Final audit. All payments are contingent upon final audit. Financial records including all documentation to support entries in the accounting records shall be kept for review by department auditors for a period of 3 years after final payment.
NR 47.908 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register January 2019 No. 757.
subch. IX of ch. NR 47 Subchapter IX — Rules for Federal Cost Sharing Program to Suppress Gypsy Moth
NR 47.910 NR 47.910 Purpose. The purpose of this subchapter is to establish procedures for participation in the state cooperative gypsy moth suppression program consistent with ss. 26.30 (2), (5) and (6m) and 28.07, Stats., as an alternative to a control program under s. 26.30 (7) to (10), Stats. The suppression program includes awarding and administering federal cost sharing funds to counties for the purpose of aerial insecticide treatment of gypsy moth outbreaks.
NR 47.910 History History: Emerg. cr. eff. 11-10-00; CR 00-177: cr. Register July 2001, No. 547 eff. 8-1-01; CR 04-137: am. Register October 2005 No. 598, eff. 11-1-05.
NR 47.911 NR 47.911 Applicability.
NR 47.911(1)(1)The provisions of this subchapter are applicable to all county governments applying for cost sharing under this subchapter.
NR 47.911(2) (2) The natural resources board may order that this subchapter is not applicable to all county governments that would otherwise be eligible for cost sharing under this subchapter. Such an order will remain in effect until the natural resources board rescinds that order.
NR 47.911 History History: Emerg. cr. eff. 11-10-00; CR 00-177: cr. Register July 2001, No. 547 eff. 8-1-01; CR 17-081: renum. NR 47.911 to (1), cr. (2) Register July 2018 No. 751, eff. 8-1-18.
NR 47.912 NR 47.912 Definitions. In this subchapter:
NR 47.912(1) (1)“Administrative cost" means eligible expenses associated with preparation of applications, notification of residents, collection of funds, maintenance of records and other activities dealing with the preparation and administration of the cost shared suppression program for gypsy moths.
NR 47.912(2) (2)“Applicant" means a Wisconsin county that submits an application for inclusion in the state gypsy moth suppression program and cost sharing for the treatment of and associated administrative costs for suppression of gypsy moth outbreaks.
NR 47.912(3) (3)“Application" means a department form, materials and maps for all areas being proposed for treatment and cost sharing in the state gypsy moth suppression program by an applicant.
NR 47.912(3m) (3m)“County coordinator" means the person designated to represent and act on behalf of an applicant for the purpose of applying for cost sharing and executing an agreement binding his or her principal, either by duly adopted resolution or otherwise, as detailed under this subchapter.
NR 47.912(4) (4)“Department" means the Wisconsin department of natural resources.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.