NR 198.11 History History: CR 04-060: cr. Register April 2005 No. 592, eff. 5-1-05; CR 08-063: am. Register June 2009 No. 642, eff. 7-1-09.
NR 198.12 NR 198.12Definitions. The following definitions apply to terms used in this chapter:
NR 198.12(1) (1) “Aquatic invasive species" means non-indigenous water or wetland-dwelling organisms or their hybrids whose introduction into aquatic ecosystems causes or is likely to cause adverse economic, recreational or environmental impacts or harm to human health.
NR 198.12(2) (2) “Control" means to cut and remove, otherwise remove, destroy, suppress or prevent the introduction or spread of aquatic invasive species.
NR 198.12(3) (3) “Department" means the Wisconsin department of natural resources.
NR 198.12(4) (4) “Grant period" means the time period stated in the grant agreement during which the sponsor is eligible to expend program grant funds for a project.
NR 198.12(5) (5) “Littoral area" has the meaning given in s. NR 191.22 (5).
NR 198.12(6) (6) “Local share" means that portion of the cost of the project other than state funds administered by the department.
NR 198.12(7) (7) “Natural resource agency" means a government agency that manages lakes, rivers, streams, wetlands, forests, plants, soils or agricultural lands.
NR 198.12(8) (8) “Pioneer population," means a small community of aquatic invasive species in the early stages of colonization, or re-colonization, in a particular waterbody or portion thereof. For rooted aquatic plants, a pioneer population has been present less than 5 years, or is a re-colonization following the completion of an established population control project under subch. IV, and is less than 5 acres in size or less than 5% of the littoral area which ever is greater.
NR 198.12(9) (9) “Project" means an activity to prevent or control aquatic invasive species, including education that is approved for grant funding.
NR 198.12(10) (10) “Project priority list" means a ranking by the department of completed grant project applications in the order of their scheduled receipt of funds.
NR 198.12(11) (11) “Qualified nonprofit organization" means a nonprofit corporation, a charitable trust or other nonprofit association whose purposes include the prevention and control of aquatic invasive species and that is described in section 501(c)(3) of the internal revenue code and is exempt from federal income tax under section 501(a) of the internal revenue code. Qualified nonprofit organizations include qualified nonprofit conservation organizations as defined in s. 23.0955 (1), Stats.
NR 198.12(12) (12) “Sponsor" means the public or private entity including the local unit of government that is applying for and receiving a grant under s. 23.22 (2) (c), Stats., and this chapter.
NR 198.12(13) (13) “Waterbody" means any lake, pond, stream, spring or wetland or portion thereof that is a water of the state.
NR 198.12 History History: CR 04-060: cr. Register April 2005 No. 592, eff. 5-1-05; CR 08-063: renum. (5) to (10) to be (6), (8) to (10), (12) and (13) and am. (8) and (9), cr. (5), (7) and (11) Register June 2009 No. 642, eff. 7-1-09.
NR 198.13 NR 198.13Sponsor accountability.
NR 198.13(1) (1) Accounting for all project funds shall conform to generally accepted accounting principles and practices, and shall be tracked by the sponsor in a separate account. Documents to support grant expenditures shall be maintained in sufficient detail to show that grant funds are used for the purpose for which the grant was made. All financial records, including bid summaries, invoices and canceled checks or bank statements, that support all project costs claimed by the sponsor shall be maintained and available for inspection for 3 years after the date the department makes the final payment. Sponsors shall comply with all applicable state and federal regulations regarding bidding and awarding contracts, wage and labor rates.
NR 198.13(2) (2) The sponsor shall submit to the department a claim for reimbursement on forms provided by the department at any time but not more than once every 3 months and not later than 6 months after the end of the grant period. The sponsor is eligible for reimbursement only for project costs incurred during the grant period stated in the grant award. All costs claimed for reimbursement shall be documented and shall be consistent with the grant agreement relative to expenditures made within the grant period, within the scope of work, and within estimated costs. Progress reports shall be submitted with each reimbursement request.
NR 198.13(3) (3) The sponsor may request, for good cause, a grant agreement amendment for expenditures in excess of those identified as estimated costs in the grant agreement. The sponsor shall submit a request before the end of the grant period.
NR 198.13(4) (4) The department may conduct an audit of all of the sponsor's records relating to the project after the department has made the final payment. The department may request that the sponsor repay any adjustment that is the result of a post audit.
NR 198.13(5) (5) All water tests that require laboratory analyses and that are part of the project shall be analyzed by a laboratory selected by the department.
NR 198.13(6) (6) Any grant awarded for funding of a project that includes collection of physical or chemical data may be conditioned upon the sponsor being required to implement a quality assurance and quality control plan approved by the department.
NR 198.13(7) (7) Data and information acquired as part of the project shall be reported to the department in a format and with a frequency specified by the department in the grant agreement.
NR 198.13(8) (8) All projects shall have as an element a final report that is in an electronic format specified by the department and suitable for use by the general public. For some projects the department may allow the use of standardized forms as a substitute for a final report.
NR 198.13(9) (9) The department may terminate a grant awarded under this chapter for nonperformance of any term or condition of the grant agreement, including conditions in any department permits issued as a part of the project, and the department may seek reimbursement of the state share previously distributed to the sponsor.
NR 198.13(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 sponsor.
NR 198.13 History History: CR 04-060: cr. Register April 2005 No. 592, eff. 5-1-05; CR 08-063: am. (1) and (3) Register June 2009 No. 642, eff. 7-1-09.
NR 198.14 NR 198.14Grant payments.
NR 198.14(1) (1)Eligible costs. Reasonable and necessary project costs, which are consistent with the approved project, as determined by the department, and incurred during the grant period are eligible for reimbursement. Eligible costs include:
NR 198.14(1)(a) (a) Labor costs required for carrying out activities identified in the grant agreement. Costs shall be based on the sponsor's established rates for the position including salary, fringe benefits and other items determined to be appropriate by the department.
NR 198.14(1)(b) (b) Direct cost for professional service contracts, laboratory analysis, leased equipment and facilities printing, postage and similar items.
NR 198.14(1)(c) (c) The cost of necessary supplies and equipment used exclusively for project-related purposes. The costs of necessary equipment shall be pro-rated based on its useful life expectancy relative to the length of the project.
NR 198.14(1)(d) (d) Fees paid for any federal, state or local permits required to conduct the project.
NR 198.14(1)(e) (e) Reasonable costs necessary to complete an application and comply with a permit required to implement a project. Costs incurred up to 12 months prior to the application deadline are eligible for reimbursement.
NR 198.14(1)(f) (f) The substantiated value of donated materials, equipment, services and labor as all or part of the local share of the project costs subject to all of the following:
NR 198.14(1)(f)1. 1. All sources of local share donation shall be indicated when the grant application is submitted.
NR 198.14(1)(f)2. 2. The maximum value of donated non-professional labor shall be $12 per hour.
NR 198.14(1)(f)3. 3. The value of donated equipment shall conform to the Wisconsin department of transportation highway rates for equipment.
NR 198.14 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 198.14(1)(f)4. 4. The value of donated materials and professional services shall conform to market rates and be established by invoice.
NR 198.14(1)(g) (g) Other costs determined by the department to be necessary to carry out a successful project.
NR 198.14(1)(h) (h) Watershed pollution control, native vegetation restoration and protection and other complimentary activities that help control aquatic invasive species or resist future colonization.
NR 198.14 Note Note: A bid summary may be considered by the department as a demonstration by the sponsor of what are reasonable project costs.
NR 198.14(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 reimbursement. Ineligible costs include:
NR 198.14(2)(a) (a) Fines and penalties due to violation of, or failure to comply with, federal, state or local laws and regulations.
NR 198.14(2)(b) (b) Ordinary operating expenses of local government sponsors, such as salaries and expenses of public officials that are not directly related to the project.
NR 198.14(2)(c) (c) Purchase of aquatic plant harvesters, boats, autos or office furniture.
NR 198.14(2)(d) (d) Aquatic plant management activities that provide temporary or single season relief from nuisance conditions including plant harvesting operations, herbicide treatments and other control methods unless they are approved under an early response project in subch. III or recommended in a department approved plan under subch. IV.
NR 198.14(3) (3)Final payment. The department shall withhold 10% of the state share for a final payment and may withhold final payment until final costs have been reviewed under s. NR 198.13 and the department has made a determination that the project has been satisfactorily completed. Sponsors may not make final payment to consultants until the department has approved a final report.
NR 198.14 History History: CR 04-060: cr. Register April 2005 No. 592, eff. 5-1-05; CR 08-063: am. (1) (intro.), (e), (f) 2. and (2) (d), cr. (1) (h) Register June 2009 No. 642, eff. 7-1-09.
NR 198.15 NR 198.15Priorities and funding considerations.
NR 198.15(1)(1) The order of priority for funding projects is:
NR 198.15(1)(a) (a) Control pioneer populations of aquatic invasive species
NR 198.15(1)(b) (b) Prevent the spread of aquatic invasive species to unpopulated waters.
NR 198.15(1)(c) (c) Control established populations of aquatic invasive species and restore native aquatic species communities.
NR 198.15(1)(d) (d) Provide research and demonstration that advances the state's knowledge and understanding of aquatic invasive species control.
NR 198.15(1)(e) (e) Ongoing maintenance to contain aquatic invasive populations within a waterbody.
NR 198.15(2) (2) The department shall consider the following factors when considering a project for grant funding:
NR 198.15(2)(a) (a) The degree to which the project includes a prevention and control strategy.
NR 198.15(2)(b) (b) The degree to which the project will prevent the spread of aquatic invasive species.
NR 198.15(2)(c) (c) The degree to which the project protects or improves the aquatic ecosystem's diversity, function, ecological stability or recreational uses.
NR 198.15(2)(d) (d) The extent of the population in the waterbody.
NR 198.15(2)(e) (e) The degree to which the project will be likely to result in successful long-term control.
NR 198.15(2)(f) (f) The availability of public access to, and public use of, the waterbody.
NR 198.15(2)(g) (g) The degree to which the proposed project includes or is complemented by other management efforts including watershed pollution prevention and control, native vegetation protection and restoration and other actions that help control aquatic invasive species or resist future colonization.
NR 198.15(2)(h) (h) Community support and commitment, including past efforts to prevent or control aquatic invasive species.
NR 198.15(2)(i) (i) Whether the sponsor has previously received a grant for a similar project for the same water body.
NR 198.15(2)(j) (j) The degree to which the project will advance the knowledge and understanding of the prevention and control of aquatic invasive species.
NR 198.15 History History: CR 04-060: cr. Register April 2005 No. 592, eff. 5-1-05; CR 08-063: am. (1) (intro.), r. and recr. (1) (a) to (d), r. (2), cr. (1) (e) and (2) (j), renum. (3) to be (2) and am. (2) (c), (d), (g) and (h) Register June 2009 No. 642, eff. 7-1-09.
NR 198.16 NR 198.16Variances. The department may approve in writing a variance from a requirement of this chapter upon the written request of a sponsor if the department determines that a variance is essential to effect necessary grant actions or program objectives and where special circumstances make a variance in the best interest of the program. Before approving a variance, the department shall take into account factors such as good cause and circumstances beyond the control of the sponsor. The department may not grant variances from statutory requirements.
NR 198.16 History History: CR 04-060: cr. Register April 2005 No. 592, eff. 5-1-05.
subch. II of ch. NR 198 Subchapter II — Education, Prevention and Planning Projects
NR 198.20 NR 198.20Purpose. Education projects are intended to broaden the public's awareness and understanding of, and ability to identify, aquatic invasive species, the threats they pose to the health of aquatic ecosystems, the measures to prevent their spread and the management practices used for their control. Prevention projects are intended to prevent the introduction of new aquatic invasive species into a waterbody or prevent the spread of aquatic invasive species from an infested waterbody to an uninfested waterbody. Planning projects are intended to assist in the development of plans for the prevention and control of aquatic invasive species.
NR 198.20 History History: CR 04-060: cr. Register April 2005 No. 592, eff. 5-1-05.
NR 198.21 NR 198.21Applicability. This subchapter applies to all sponsors of aquatic invasive species education, prevention and planning grants. Combined total grant awards to state, federal and hydroelectric corporation sponsors, including universities, colleges and schools, may not exceed $200,000 in any one state fiscal year.
NR 198.21 History History: CR 04-060: cr. Register April 2005 No. 592, eff. 5-1-05; CR 08-063: am. Register June 2009 No. 642, eff. 7-1-09.
NR 198.22 NR 198.22Eligible projects.
NR 198.22(1) (1) Projects eligible for funding under this subchapter include:
NR 198.22(1)(a) (a) The dissemination of information about aquatic invasive species consistent with the department's statewide education strategy for preventing and controlling invasive species including, but not limited to, attending or conducting workshops, training or coordinating volunteer monitors and other education programs.
NR 198.22(1)(b) (b) Monitoring, mapping and reporting of data about presence or absence of aquatic invasive species to provide baseline information and monitor trends in a waterbody or waterbodies.
NR 198.22(1)(c) (c) Development of plans for the prevention and control of aquatic invasive species.
NR 198.22(1)(d) (d) Watercraft inspection programs that include all of the following:
NR 198.22(1)(d)1. 1. Inspectors that have attended a training workshop and received program materials provided or approved by the department prior to project initiation. Training may be part of the grant project.
NR 198.22(1)(d)2. 2. Trained inspectors deployed at a boat launch site to conduct inspections, collect and report data, provide boater education and report suspect specimens.
NR 198.22(1)(d)3. 3. Inspectors that staff boat launch facilities a minimum of 200 hours annually during weekends, holidays, fishing tournaments and other special events between May 1 and October 30 when public boating activity on lakes is the highest.
NR 198.22(1)(d)4. 4. Data collected through an inspection that is reported through the statewide watercraft inspection database. These reports shall serve as the final report as required in s. NR 198.13 (8).
NR 198.22 Note Note: Guidance for conducting watercraft inspection programs, Clean Boats, Clean Waters Program, Volunteer Monitoring Guidance for Aquatic Invasive Species, publication #WT-780 can be obtained from the DNR, Bureau of Watershed Management, PO Box 7921, Madison, WI 53707.
NR 198.22(1)(e) (e) Studies and assessments as needed to aid in the prevention or control of aquatic invasive species.
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.