Chapter NR 47

NR 47.964(1)(c) (c) Eligibili ty for federal funding, or non-profit organization funding, may be defined in the grant agreement through which the funding is provided. Further, additional eligibility criteria may accompany state funding other than that provided through s. 20.370 (5) (av), Stats.

NR 47.964(1)(d) (d) Non-profit organizations and government entities may be applicants as long as the funding is used on nonindustrial private forested land.

NR 47.964(2) (2)  Ineligible applicants. The following applicants shall be ineligible for a grant awarded under this subchapter:

NR 47.964(2)(a) (a) An applicant that did not receive pa yment under s. NR 47.967 for a grant awarded under this subchapter which ended within the 24 months prior to the date the application was submitted, unless the owner ended that grant within 12 months of the award.

NR 47.964(2)(b) (b) An applicant who has violated s. NR 47.969 (1), (2), or (4).

NR 47.964(3) (3)  Eligible practices. All of the following practices are eligible for grants under this subchapter. However, additional eligible practices may accompany funding for this program other than that provided through s. 20.370 (5) (av), Stats.:

NR 47.964(3)(a) (a) Education, information and outreach including publications, field days, websites, demonstrations, trainings, and planning workshops.

NR 47.964(3)(b) (b) Coordinating a WMG, which includes one-time start-up costs, a WMG coordinator salary for up to one grant cycle, assisting a WMG in the formation of partnerships, goals, and objectives for the management of the WMA.

NR 47.964(3)(c) (c) Inventory of invasive plant species occurrences.

NR 47.964(3)(d) (d) Control of invasive plant species that impact nonindustrial private forest land.

NR 47.964(3)(e) (e) Monitoring.

NR 47.964(3)(f) (f) Practices under s. NR 47.84 (2) (b) if they pertain to invasive plant management.

NR 47.964(3)(g) (g) Long term management plan development.

NR 47.964 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.

NR 47.965 NR 47.965 Costs.

NR 47.965(1) (1)  Eligible costs.

NR 47.965(1)(a) (a) Grants under the program shall be used to distribute available state, federal or nonprofit funds for the purpose of encouraging invasive plant management in weed management areas.

NR 47.965(1)(b) (b) Eligible costs are all those identified in an application under s. NR 47.966 (3) and associated with the preparation or implementation of one or more eligible practices as approved by the chief state forester.

NR 47.965(2) (2)  Ineligible costs. No person may use grant funds under this subchapter for any of the following:

NR 47.965(2)(a) (a) Costs incurred before an application for grant assistance is approved.

NR 47.965(2)(b) (b) The implementation of any practice already required by law, rule, regulation or other authority, except for a practice required in the managed forest law program under ch. 77, Stats., and except for a practice required under ch. NR 40 for prohibited and restricted terrestrial plant species.

NR 47.965(2)(c) (c) A practice not approved by the department in writing, or changes to a previously approved practice, unless authorized by the department in writing.

NR 47.965(2)(d) (d) Costs to repair damage caused by implementing a practice.

NR 47.965(2)(e) (e) Costs associated with work on public lands.

NR 47.965(2)(f) (f) Costs associated with work on industrial forests.

NR 47.965(2)(g) (g) Costs in excess of $5,000 for equipment purchase.

NR 47.965(2)(h) (h) Costs associated with traveling to and from the site.

NR 47.965 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.

NR 47.966 NR 47.966 Grants.

NR 47.966(1) (1)  Grant calculation.

NR 47.966(1)(a) (a) A matching grant provided through s. 20.370 (5) (av), Stats., or other state funds shall be no more than 75% of the actual eligible costs depending on the availability of funds, except under par. (c). If a federal or nonprofit organization grant agreement provides for cost-share limitations different from those specified in this subsection, the cost-share rate from funds provided through the federal or nonprofit organization grant agreement may apply.

NR 47.966(1)(b) (b) A grant under the program may not exceed $15,000.00 to any WMG excluding a rapid response practice.

NR 47.966(1)(c) (c) A grant or portion of a grant awarded for work on prohibited species or ear ly detection species may be up to 100% of the actual eligible costs depending on the availability of funds.

NR 47.966(2) (2)  Grant selection system. In selecting practices for grant assistance, the department shall give preference to projects which include the following, which are not listed in order of priority:

NR 47.966(2)(a) (a) Work on the control of prohibited invasive plant species as identified in ch. NR 40.

NR 47.966(2)(b) (b) Work on the control of invasive plant species.

NR 47.966(2)(c) (c) Nonindustrial private forest land not heavily infested with invasive plant species.

NR 47.966(2)(d) (d) Nonindustrial private forest land where invasive plant species identified in the application may be contained or eradicated.

NR 47.966(2)(e) (e) Long term management plan use or development.

NR 47.966(2)(f) (f) A WMA includes more than the land owned by one person participating.

NR 47.966(3) (3)  Application and approval.

NR 47.966(3)(a) (a) The application deadline is April 1 unless otherwise provided on the application form and is contingent upon availability of funds. State funds for this program other than those provided through s. 20.370 (5) (av), Stats., federal funds awarded pursuant to a federal grant agreement and nonprofit funds awarded pursuant to a nonprofit organization grant agreement may specify other application deadlines. Applications for rapid response practices can be applied for at any time.

NR 47.966 Note Note: Applications can be obtained from the department of natural resources Forestry Invasive Plant Coordinator, P.O. 7921, Madison, WI 53707-7921 and online at http://dnr.wi.gov/.

NR 47.966(3)(b) (b) The department shall make basic eligibility determinations upon receipt of an application, including whether the person participating meets nonindustrial private forest land ownership criteria and maximum acreage criteria. The department deter mines the amount awarded to each applicant.

NR 47.966(3)(c) (c) A WMG may only apply once per year, except that a WMG may apply any number of times per year for a rapid response practice.

NR 47.966(3)(d) (d) Annually, the department may designate a percentage of the total annual funds for:

NR 47.966(3)(d)1. 1. Rapid response practices.

NR 47.966(3)(d)2. 2. Practices that accomplish objectives or groups of objectives identified under sub. (2) (a).

NR 47.966(3)(e) (e) The department shall review applications to determine practice eligibility, based on all of the following:

NR 47.966(3)(e)1. 1. The practice is needed and feasible.

NR 47.966(3)(e)2. 2. The practice is eligible under this subchapter.

NR 47.966(3)(e)3. 3. The practice cost is determined to be at least $200 or more.

NR 47.966(3)(f) (f) Applications will be approved provided grant funds are available. Department approval of an application shall constitute an agreement between the state and the WMG.

NR 47.966(3)(g) (g) Upon approval of a practice, the landowner shall be notified in writing by the department or its agent.

NR 47.966(3)(h) (h) Grant awards will be determined by the department based on eligibility and availability of funds.

NR 47.966(3)(i) (i) The department shall deter mine the award date upon approval.

NR 47.966 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.

NR 47.967 NR 47.967 Payment.

NR 47.967(1) (1)  A WMG shall complete each practice within the period specified by the department. The department shall speci fy a period of up to 24 months. However, if a practice is not completed in the specified ti me due to conditions beyond the control of the WMG, the department may grant an extension.

NR 47.967(2) (2) Upon certification by the department that a practice has been completed in accordance with specifications, including timely submittal of reports required and determined by the department, the grant payment shall be calculated by the department and disbursed to the WMG by or at the direction of the department.

NR 47.967(3) (3) A WMG may receive partial payment for an incomplete practice, with approval of the department forester, on the condition that the WMG agrees to complete the practice within the time period specified by the department, not to exceed the approved grant period, following approval to imple ment the practice, unless an extension is justified as provided in sub. (1).

NR 47.967(4) (4) Where co mpletion of an approved practice does not meet the minimum specifications for the practice due to factors beyond the control of the WMG control, the department may approve grant pay ment under either of the following conditions:

NR 47.967(4)(a) (a) The WMG repeats a practice previously implemented or establishes an additional eligible practice under ter ms and conditions the department approves to the extent that is needed to meet the objectives of the approved grant.

NR 47.967(4)(b) (b) The WMG establishes to the satisfaction of the department that all of the following have been met:

NR 47.967(4)(b)1. 1. A reasonable effort was made to meet the minimum requirements.

NR 47.967(4)(b)2. 2. The practice, as performed, adequately meets the objectives of the approved grant.

NR 47.967(5) (5) No grant pa yment obligated to any WMG shall be subject to any claim arising under state law by any creditor, except agencies of the state of Wisconsin.

NR 47.967(6) (6) Start-up costs as identified in s. NR 47.964 (3) (b) and costs for practices to control prohibited invasive plant species or other invasive plant species identified by the department may be awarded after grant approval.

NR 47.967(7) (7) The WMG shall submit evidence of the participation agreement for each person participating, including expressed permission for WMG to enter upon land of person participating.

NR 47.967(8) (8) Matching funds may not be required for grants awarded for work on prohibited invasive plant species or other invasive plant species identified by the departmen t.

NR 47.967 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register June 2013 No. 690.

NR 47.968 NR 47.968 Reconsideration. A WMG that is dissatisfied with any determination made under the program may request reconsideration by the chief state forester. All requests for reconsideration shall be in writing and shall contain factual information explaining the basis for requesting reconsideration. All decisions upon reconsideration shall be issued in writing.

NR 47.968 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.

NR 47.969 NR 47.969 Enforcement.

NR 47.969(1) (1)  If any WMG 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 47.969(2) (2) If any WMG takes any action or fails to take reasonable action as determined by the department which results in the failure, non-completion, destruction, or impair ment of a practice for the duration of the approved grant period, cos t-share grants shall be withheld or a refund of all or part of any program payments otherwise due or paid shall be secured.

NR 47.969(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 47.969(4) (4) If the applicant has not utilized grant money appropriately as determined by the department, additional pending cost-share grants under this subchapter shall be withheld or a refund of all or part of any program pa yments otherwise due or paid shall be secured.

NR 47.969 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.

NR 47.970 NR 47.970 Funding. Funding for grants under these rules includes:

NR 47.970(1) (1) Funds appropriated for the grant program established under s. 26.38, Stats.

NR 47.970(2) (2) Other state, federal, or non-profit organization funds available to the department for the purpose of encouraging WMGs 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 practices identified in this subchapter as eligible for funding.

NR 47.970 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.