NR 195.06(8)
(8) Any grant provided for funding of a project that includes acquisition of physical, biological or chemical data may be conditioned to require implementation of a quality control and quality assurance plan approved by the department. The methods and procedures to be used in the project are subject to department approval.
NR 195.06(9)
(9) Data and information acquired as part of the planning or protection project shall be reported to the department in a format specified by the department in the grant agreement.
NR 195.06(10)
(10) If the department finds that the project has not been satisfactorily completed by the end of the grant period, the department may seek reimbursement of the state share previously distributed to the grant recipient.
NR 195.06 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00.
NR 195.07(1)(1) Applications from sponsors for funding of projects shall be made on forms provided by the department and shall be submitted to the region director for the region in which the project is located.
NR 195.07 Note
Note: The DNR region headquarters are located at:
NR 195.07 Note
1. Southeast — 2300 N. Dr. Martin Luther King Jr. Dr., Box 12436, Milwaukee 53212
NR 195.07 Note
2. South Central — 3911 Fish Hatchery Road, Fitchburg 53711
NR 195.07 Note
3. Northeast — 1125 N. Military Ave., Box 10448, Green Bay 54307-0448
NR 195.07 Note
4. Northern/Rhinelander — 107 Sutliff Ave., Rhinelander 54501
NR 195.07 Note
5. Northern/Spooner — 810 West Maple St., Spooner 54801
NR 195.07 Note
6. West Central — 1300 W. Clairemont Ave., Box 4001, Eau Claire 54702
NR 195.07(2)
(2) All required application material that is not included on a department-provided form shall be submitted in an electronic format specified by the department.
NR 195.07(3)
(3) The department shall review the application for completeness and may return the application with a request for more detailed information. The application is not considered complete until the additional information requested by the department has been received.
NR 195.07(4)
(4) To be eligible for grant awards, project applications shall be received by the department by September 1, 2000, for funding in the 00-01 fiscal year, and by May 1 of each following year for funding in the subsequent fiscal year.
NR 195.07 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00;
CR 08-063: renum. (2) and (3) to be (3) and (4), cr. (2)
Register June 2009 No. 642, eff. 7-1-09.
NR 195.08
NR 195.08
Determination of project eligibility. NR 195.08(1)(1) Following receipt of the application, the department shall make a determination of planning project eligibility. The department may accept the application and include the project in the priority list developed under
s. NR 195.09, or deny the application based on consideration of the factors identified in s.
281.70 (4),
(5) or
(6), Stats., and
s. NR 195.02.
NR 195.08(2)
(2) The total state share of the cost of a planning project may not exceed $10,000.
NR 195.08(3)
(3) The total state share of the cost of a management project may not exceed $50,000.
NR 195.08(4)
(4) The department shall notify the sponsor in writing of the basis for a determination of ineligibility.
NR 195.08 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00.
NR 195.09(1)(1) A project priority list shall be prepared or updated by the department each year.
NR 195.09(2)
(2) Priorities shall be set on a statewide basis.
NR 195.09(3)
(3) Planning grants. When developing a priority list, the department shall rank all planning grant applications according to the following criteria:
NR 195.09(3)(a)
(a) The degree to which the project assists creation or enhancement of a local river management organization and can demonstrate how the use of the funds will build the capacity of the organization to protect and restore the river and its ecosystem.
NR 195.09(3)(b)
(b) The degree to which the project assists local decision-making or formation of a strategy to protect the quality of a river's ecosystem.
NR 195.09(3)(c)
(c) The degree to which the project will enhance knowledge and understanding of a river's ecosystem.
NR 195.09(3)(d)
(d) The degree to which the project is supported in a federal, state or local resource plan and makes efficient use of all other available funding sources.
NR 195.09(4)
(4) Management grants. When developing a priority list, the department shall rank all management applications according to the following criteria:
NR 195.09(4)(a)
(a) The degree to which the project will protect critical riverine ecosystems.
NR 195.09(4)(b)
(b) The degree to which the project will restore the quality of a river ecosystem or aids in the linkage or concentration of critical habitat.
NR 195.09(4)(c)
(c) The degree to which the proposed activities have a good likelihood of successfully meeting the project objectives and where the sources or causative factors of the problems to be remediated have been or very likely will be controlled prior to management activities.
NR 195.09(4)(d)
(d) The degree to which the project is supported in a federal, state or local resource plan and makes efficient use of all other available funding sources.
NR 195.09 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00.
NR 195.10
NR 195.10
Eligible and ineligible costs. NR 195.10(1)
(1) Reasonable and necessary project costs, which are consistent with the approved project, as determined by the department, and incurred during the project period, are eligible for grants. Eligible costs may include, but are not limited to:
NR 195.10(1)(a)
(a) Labor costs required for carrying out activities identified in the grant agreement. Costs shall be based on sponsor rates for the position including salary, fringe benefits and other items determined to be appropriate by the department.
NR 195.10(1)(b)
(b) Direct costs for laboratory analysis, surveys, newsletters, brochures, mailings, professional service contracts, construction activities and similar items.
NR 195.10(1)(c)
(c) Acquisition costs for the purchase of land or conservation easements.
NR 195.10(1)(d)
(d) The cost of necessary supplies and equipment used exclusively for project-related purposes over its useful life or the cost of the portion of supplies or equipment used for the project.
NR 195.10(1)(e)
(e) The costs of leased equipment and facilities for the length of the project.
NR 195.10(1)(f)
(f) The substantiated value of donated materials, equipment, services and labor may be used as all or part of the local share of the project cost subject to all of the following:
NR 195.10(1)(f)1.
1. All sources of local share donation shall be indicated when the application for a grant is submitted.
NR 195.10(1)(f)2.
2. The maximum value of donated, non-professional, labor shall be $12 per hour.
NR 195.10(1)(f)3.
3. The value of donated equipment shall conform to the Wisconsin department of transportation highway rates for equipment.
NR 195.10 Note
Note: The county highway rates for equipment are formulated under s.
84.07, Stats., and can be found in chapter 5 of the State Highway Maintenance Manual published by the Wisconsin Department of Transportation, 4802 Sheboygan Avenue, Madison, WI 53705.
NR 195.10(1)(f)4.
4. The value of donated materials and professional services shall conform to market rates and be established by invoice.
NR 195.10(1)(g)
(g) For land acquisition projects the substantiated value of donated contributions of property may be used as part of the local share of the project cost subject to all of the following:
NR 195.10(1)(g)1.
1. Contributions of property are eligible as sponsor match only if the donated property lies within the boundaries of a project which has been approved under the same component of the rivers program as the property being acquired.
NR 195.10(1)(g)2.
2. Up to 75% of the fair market value of a contribution of property may be used as local share, but only to the extent that river protection funds are needed to acquire the subject property. The amount of the property donation that can be used for match equals the value of the donation or the amount of cash needed by the sponsor for the purchase, whichever is less, so there will be no cash back in excess of the moneys actually needed for the purchase.
NR 195.10(1)(h)
(h) Other costs determined by the department to be necessary to carry out an adequate project.
NR 195.10(2)
(2) Ineligible costs. Costs not directly associated with or necessary for the implementation of the project as determined by the department are ineligible for grants. Ineligible costs include, but are not limited to:
NR 195.10(2)(a)
(a) Fines and penalties due to violation of, or failure to comply with, federal, state or local laws and regulations.
NR 195.10(2)(b)
(b) Ordinary operating expenses of local government applicants, such as salaries and expenses of public officials, that are not directly related to the project.
NR 195.10 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00;
CR 08-063: am. (1) (f) 2.
Register June 2009 No. 642, eff. 7-1-09.
NR 195.11(1)
(1) The grant award may not exceed the state share of the estimated costs of the project as set out in the grant application.
NR 195.11(2)
(2) The state share of the project cost may not be greater than 75% of the eligible project costs.
NR 195.11(3)
(3) The local share of the project cost may not be less than 25% of the eligible project costs.
NR 195.11(4)
(4) Upon the written request of the sponsor, the department may distribute up to 75% of the state share of the project costs for a planning project to the grant recipient following acceptance of the grant agreement by the applicant.
NR 195.11(5)
(5) All the necessary permits and approvals for the project shall be obtained prior to grant award.
NR 195.11(6)
(6) The department may withhold 10% of the state share for a final payment and may withhold final payment until it has made a determination that the project and any required audits have been satisfactorily completed.
NR 195.11(7)
(7) A grant awarded under this section may be terminated by the department for violation of any term or condition of the grant contract and the department may seek reimbursement of the state share previously distributed to the grant recipient.
NR 195.11 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00.
NR 195.12
NR 195.12
Grant awards for acquisition of property. NR 195.12(1)(1) Property transactions shall be subject to approval by the department and the following provisions:
NR 195.12(1)(a)
(a) Property shall be acquired by the sponsor pursuant to ss.
32.19 to
32.27, Stats., and relocation assistance shall be subject to
ch. Adm 92.
NR 195.12 Note
Note: The following information is from ch.
Adm 92 which describes relocation assistance procedures to use when individuals presently reside on the property being purchased. Under s.
Adm 92.01(33), relocation assistance will apply to all project grants where the total of project grants and all other public financial assistance or direct government acquisition costs in a project are greater than $5,000 for a project with total costs of less than $50,000; or greater than 10% of total project costs that exceed $50,000. Under s.
Adm 92.01 (7), "an owner occupant who voluntarily sells a property to a displacing agency not vested with eminent domain power" is not a displaced person and is not entitled to relocation assistance. Tenants who occupy a property are entitled to relocation assistance even if the owner is voluntarily selling the property. Under s.
Adm 92.01 (14) (b) 4., a "tenant-occupant of a dwelling who has been promptly notified that he or she will not be displaced by the project" but who can remain on the property subject to normal rental conditions and provisions may not be a displaced person who qualifies for relocation assistance so long as they are not required by the sponsor to move.
NR 195.12(1)(b)
(b) Sponsors are required to obtain appraisals for all grants under this section.
NR 195.12(1)(c)
(c) Appraisals of property required for grant eligibility under this chapter shall be subject to department review and approval.
NR 195.12(1)(d)
(d) Appraisers shall be state licensed, certified "residential" or "general" appraisers and meet all applicable state laws and rules for appraisers.
NR 195.12(1)(e)
(e) The department may require a second appraisal if the property presents a difficult appraisal problem, if the first appraisal is unacceptable under department established criteria or exceeds $200,000.
NR 195.12 Note
Note: The department's Real Estate Appraisal Guidelines may be a obtained from the DNR, Bureau of Community Financial Assistance, Box 7921, Madison, WI 53707.
NR 195.12(2)
(2) Sponsors and subsequent owners shall acquire and manage property acquired with a grant in accordance with all applicable state, local and federal laws, rules and regulations.
NR 195.12(3)
(3) Property acquired with a grant shall be maintained and managed in accordance with the provisions, conditions and descriptions in the grant contract.
NR 195.12(4)
(4) Any property that is subject to a reversionary right or has restrictions or covenants which would prevent the property from being managed for purposes consistent with this grant program is not eligible for a grant.
NR 195.12(5)
(5) Grants may not be made for property acquired prior to a grant application without prior written approval of the department.
NR 195.12(6)
(6) When the sponsor is purchasing property, the department may distribute the entire state share of the purchase cost to a non-interest bearing escrow account, subject to a department approved title insurance commitment for each property, to be released upon completion of an insured closing and conveyance of the property to the sponsor. If the closing has not occurred within 90 days from the time funds are distributed to the escrow account, the department may cause the funds in the escrow account to be returned to the department.
NR 195.12(7)
(7) No grant may be awarded prior to receipt of an environmental inspection report showing the property contains no undesirable environmental conditions or liabilities or potential liability or hazards that are unacceptable to the department.
NR 195.12(8)
(8) Any grant award, which involves the purchase of property, shall be subject to a grant contract under
s. NR 195.13.
NR 195.12(9)
(9) A grant awarded under this section may be terminated by the department for violation of any term or condition of the grant contract. If the grant is terminated, funds awarded to the sponsor shall be returned to the department or any interest in or title to the property shall be subject to
s. NR 195.13 (4).
