NR 193.07 Note
Note: In-kind contributions may come from grantee members or from third parties. For grant purposes, “third parties” are neither the department of natural resources nor the grantee.
NR 193.07 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (2) (a) (intro.) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.08(1)(1)
Procedures. A grantee shall implement cost containment measures for all capital assets and any supply, service, or equipment item purchased by a grantee for projects funded with a grant awarded under this chapter if the cost exceeds $2,500. The grantee shall identify the cost containment procedure used when requesting reimbursement. The department may request that the grantee submit proof of cost containment procedures used in an application. The grantee shall use one or more of the following cost containment procedures:
NR 193.08(1)(a)
(a)
Average cost. Using cost information obtained within the 12 months prior to the start date of the grant agreement, determine an average cost per unit of material or labor for the implementation of activities. The grantee may use information obtained from the department, other departments, or other sources to determine average costs. Under this option, eligible project costs may not exceed the average cost.
NR 193.08(1)(b)
(b)
Competitive bidding. Following the requirements under ch.
16, Stats., a grantee may request bids from contractors for the implementation of practices listed in a grant agreement. The grantee shall identify criteria for determining acceptable qualifications and publish these with the bid notice. Under this option, a grantee may select the lowest responsible bidder.
NR 193.08 Note
Note: Applicants may wish to review the Procurement Guide available on the Surface Water Grant Program website.
NR 193.08(1)(c)
(c)
Flat rate. The department may establish flat rates for eligible costs funded under this chapter. An applicant or grantee may choose to use the department's flat rate as one means of cost containment. Cost containment for services provided by a sub-unit of a local government may use one or more of the flat rates chosen by that sub-unit of local government. The grantee may use data obtained from the department, other departments, or from other sources to determine a flat rate.
NR 193.08 Note
Note: Flat rates will be published by the department on the Surface Water Grant Program website.
NR 193.08(1)(d)
(d)
Force account. A grantee may assign its employees to implement a practice.
NR 193.08(1)(e)
(e)
Alternative cost containment measures. The grantee may propose an alternative cost containment procedure if the alternative is determined to be more effective than the cost containment procedures described in pars.
(a) to
(d). The grantee shall identify the alternative in the grant application it submits for review and approval by the department.
NR 193.08(2)
(2)
Donations. The value of donated materials and supplies, equipment, services, and labor necessary to implement practices shall be established using cost containment procedures in this section. The department may request that the grantee submit proof of procedures used to value donations related to a project. All sources of grantee match, including donations, shall be indicated in the grant application submitted under this chapter.
In-kind contributions shall abide by the all of following cost containment measures:
NR 193.08(2)(a)
(a) The maximum value of donated professional labor may not exceed the prevailing local market wage for equivalent work.
NR 193.08(2)(b)
(b) The maximum value of donated non-professional labor may not exceed the rate established by the department.
NR 193.08 Note
Note: The rate established by the department will be published on the Surface Water Grant Program website.
NR 193.08(2)(d)
(d) The value of donated materials and services may not exceed market rates and shall be established by invoice.
NR 193.08(3)(a)(a) Cost containment procedures established in this section do not apply to fee simple or easement land acquisition under subch.
VII. Cost of land acquisition shall in all cases be determined by appraisal approved by the department.
NR 193.08(3)(b)
(b) To further control certain supplies, services, or equipment to be purchased by the grantee for department-approved projects, the department may establish a maximum cost for some supplies, services, equipment or activities in a landowner incentive program. Department-established award caps will be identified in the Surface Water grants Applicant Guide published by the department on the Surface Water Grant Program website at least 90 days before the grant application submission deadline.
NR 193.08 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (3) (b) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.09(1)(a)(a) An application may be submitted to the department at any time prior to the deadlines established by the department for each subprogram under this chapter.
NR 193.09(1)(b)
(b) To be considered for grant funding, complete applications shall be post-marked no later than the application deadline for applications that are mailed, or shall be sent via email to the department no later than 11:59:59 p.m. on the application deadline.
NR 193.09(1)(c)
(c) An applicant may request a pre-application meeting to review project eligibility and receive technical or project planning assistance at any time but no fewer than 30 days prior to the application deadline.
NR 193.09(1)(d)
(d) The department may require a grantee to complete a pre-proposal or to participate in a pre-application meeting in advance of the application deadline for projects proposed for funding under this chapter.
NR 193.09 Note
Note: Application forms and guidance on deadlines are available from the Surface Water Grant Program website. Pre-application meetings should occur early in the project planning process, well in advance of the application deadline.
NR 193.09(1)(e)
(e) The department may accept Aquatic Invasive Species Early Detection grant applications year round.
NR 193.09(2)(a)
(a) The department will only score and rank complete applications. A complete application adheres to application instructions, provides all information requested on the application, and includes any other supporting documentation requested by the department. The department will review the application for completeness within 30 days of receipt and may request any additional information necessary to complete the application. The application is not considered complete until the additional information requested by the department has been received. If the application deadline has passed, the department may determine that an incomplete application is ineligible.
NR 193.09(2)(b)
(b) The department will review complete applications for eligibility. If the department determines an application is ineligible, the department will supply an explanation for the determination in writing. A grantee may request an eligibility review from the department no fewer than 30 days prior to the application deadline by submitting a request in writing along with a complete application. Prior to the application deadline, a grantee may address the eligibility concerns and submit a revised application for reconsideration. If the application deadline has passed, a revised application will only be considered during the next annual grant cycle. An application may be considered ineligible for any of the following:
NR 193.09(2)(b)1.
1. The application lacks information needed to evaluate and score the application.
NR 193.09(2)(b)2.
2. The application lacks the clarity needed to understand the justification, activities or likely outcomes of the project.
NR 193.09(2)(b)3.
3. The application proposes activities that are inconsistent or that would result in outcomes that are inconsistent with one or more of the goals and objectives for surface water planning and management as described in this chapter, its enabling statutes, or program guidance.
NR 193.09(3)
(3)
Funding flexibility. The department may determine if an application fits into more than one subprogram under this chapter. Each application may be scored against criteria for all applicable subprograms for which it qualifies.
NR 193.09(4)(a)
(a) Following review for completeness and eligibility, department staff may evaluate the strengths of each application in consideration of funding priorities established under s.
NR 193.11. Applications may be scored according to criteria published by the department and ranked by subprogram, from highest to lowest project score.
NR 193.09(4)(b)
(b) The department may establish a minimally acceptable score for applications submitted under each subprogram.
NR 193.09 Note
Note: The department's scoring criteria and minimally acceptable score are available on the Surface Water Grant Program website.
NR 193.09(5)
(5)
Applicant notice. The department will notify applicants of the status of their grant applications and the rank of their application when compared to all other applications. If the department is unable to provide the amount of grant funding requested by the applicant, the department may notify the applicant, in writing, of the basis for funding denial.
NR 193.09(6)(a)
(a) The department will prepare a new or update an existing project priority list following scoring and ranking of applications submitted to the department. The project priority list includes all applicants that will be offered grant funding, ranked in order of project score. Available funding will be offered to applications in the order they appear on the project priority list.
NR 193.09 Note
Note: The department will publish the project priority list on the Surface Water Grant Program website.
NR 193.09(6)(b)
(b) The department may offer financial assistance to an applicant in an amount less than requested for the following reasons:
NR 193.09(6)(b)1.
1. Available grant funding is insufficient to fully fund a project in that subprogram. In the event 2 or more applications have an identical score but the funding remaining is insufficient to fund both projects, the department shall offer the applicants an identical percentage of their projects' total request.
NR 193.09 Note
Note: Two projects with the same score request funding in the amounts of $200,000 and $10,000 but the available grant funding amounts to $20,000. Each of the projects shall be offered 9.52% of their total request, or $19,040 and $952 respectively.
NR 193.09 Note
$10,000x+$200,000x=$20,000 where x =9.52%
NR 193.09(6)(b)2.
2. The department determines a proposed activity is not necessary to meet the goals of the Surface Water Grant Program.
NR 193.09 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (1) (d) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.10(1)(1)
Each grant application for a project on a public waterbody shall include a description of the existing and, if applicable, proposed public access. The description shall include current and future public use at all access sites, a map of the waterbody or project area, the location and numbers of carry-in sites and boat landings, numbers of car and trailer parking spaces or street parking options, and the location or proximity of public parks or other public access features.
NR 193.10(2)
(2) The department may not provide grant awards for natural resources enhancement services on waterbodies that do not meet the minimum public boating access standards provided in s.
NR 1.91 (4) or the alternative public boating access standards provided in s.
NR 1.91 (6).
NR 193.10(3)
(3) The department may provide grant awards for resource protection services under s.
NR 1.91 (4) (c) if public boating access is not available on a waterbody.
NR 193.10 Note
Note: Early detection and response projects funded with a grant awarded under subchapter VI for prohibited species identified in ch.
NR 40 are considered resource protection services.
NR 193.10 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (1) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.11(1)(1)
The department will establish grant funding priorities for each subprogram under this chapter, which may include a consideration of the degree to which the project will do any of the following:
NR 193.11(1)(a)
(a) Enhance knowledge and understanding of surface waters and aquatic invasive species.
NR 193.11(1)(b)
(b) Build an organization's capacity to carry out planning and management projects.
NR 193.11(1)(c)
(c) Protect or restore water quality or an aquatic ecosystem's quality, integrity, or provision of services.
NR 193.11(1)(d)
(d) Execute the priorities or recommendations of a management plan.
NR 193.11(1)(g)
(g) Implement a strategic prevention and control strategy for an AIS population.
NR 193.11(1)(i)
(i) Make efficient use of resources or leverage additional funding.
NR 193.11(1)(j)
(j) Provide aid to ecosystems that are high quality or have critical restoration or protection needs.
NR 193.11(1)(k)
(k) Successfully meet project objectives and accomplish project goals.
NR 193.11(1)(L)
(L) Contribute to a first-time planning or management effort for the waterbody or grantee.
NR 193.11(1)(m)
(m) Satisfy other funding priorities consistent with the purpose of this chapter and established by the department.
NR 193.11 Note
Note: The department's priorities for grant funding are posted on the department's Surface Water Grant Program website. The department will use a variety of platforms to conduct outreach and notify potential applicants of program priorities. Outreach efforts may include publication on the department's website, email notification, social media announcements, and other platforms of communication.
NR 193.11(2)
(2) Applications on waterbodies that meet the minimum public boating access standards under s.
NR 1.91 (4) (d) or where the department determines that existing facilities are sufficient to meet existing demand for public access have funding priority. If public boating access does not exist on a waterbody and a grant application will establish public boating access, then the department will include the application in the project priority list and rank it as if the project had public boating access. Project eligibility is subject to public access requirements under s.
NR 193.10.
NR 193.11 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (1) (m) made under s.
35.17, Stats.,
Register May 2020 No. 773; renum. (1) (g) to (n) to (1) (f) to (m) under s.
13.92 (4) (b) 1., Stats.,
Register May 2020 No. 773.
NR 193.12
NR 193.12 Grant awards and grant agreements. NR 193.12(1)(1)
General procedures. A grant award for costs of a project as estimated in the grant application and approved by the department may not exceed the maximum amount of the DNR cost-share percentage identified under s.
NR 193.05. Applicants may include in-kind contributions in their grant application budget. The department may use that budget to calculate the grant award. The department may not issue a grant award that exceeds a grantee's cash costs necessary to complete the project. The department may award a grant under this chapter while the grantee is in the process of acquiring the required permits for the project.
NR 193.12 Note
Example: An applicant submits a planning grant application, selecting the standard cost-share percentage of 67%. The application budget indicates cash costs of $20,000 and in-kind contributions of $20,000 for a total project cost of $40,000. The DNR cost-share rate of 67% would yield a potential grant award of $26,800 based on the cash costs and in-kind contributions. However, $26,800 is higher than actual cash costs identified in the budget of $20,000. As a result, the maximum grant award the department may provide is $20,000.
NR 193.12(2)
(2)
Awards and agreements. All grant awards will result in the issuance of a grant agreement that is subject to s.
NR 193.13. The grant agreement is a contract between the department and the grantee, and the grantee's receipt of the grant award is conditional upon its execution of the grant agreement. The grant agreement will contain the terms and conditions of the grant award, including a project scope describing what the project will accomplish. A project scope may include a summary of the specific goals and objectives, deliverables, products, tasks and timeline for a project funded under this chapter. A project scope may incorporate information submitted by the applicant in the grant application. A grant application for a project becomes part of the grant agreement by reference. The department and the grantee shall mutually agree to implement the grant agreement in accordance with the project proposal, application, terms, promises, conditions, plans, specifications, estimates, procedures, maps, and any assurances attached. The project proposal, application, terms, promises, conditions, plans, specifications, estimates, procedures, maps, and any assurances attached shall be a part of the agreement.
NR 193.12(3)
(3)
Amendments. A grantee may request, in writing and during the life of the grant agreement, an amendment to the grant agreement for expenditures that deviate from those which appear in the original grant agreement, for changes to the project scope, or for an extension of the grant period. The grantee shall provide to the department written justification for the amendment request. The department may consider the justification and the availability of grant funds. Amendments to the cost or project scope of the original agreement must be signed by the department and the grantee prior to the end date of the agreement. The department may require requests for cost amendment to be submitted during a subsequent application process to be ranked with new applications. Time extensions to the original agreement may be granted by the department in writing without the grantee's signature. Time extensions are not available for department-approved watercraft inspection programs. The department shall provide notification of the decision to approve or deny the amendment to the grantee in writing.
NR 193.12 Note
Note: To increase the likelihood of a successful amendment request, it is recommended that the grantee submit the request at least 2 weeks prior to the end date of the grant agreement.
NR 193.12 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (1) to (3) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.13
NR 193.13
Conditions for grant agreements. NR 193.13(1)(1)
General. The department may include conditions in a grant agreement related to any of the following:
NR 193.13(1)(a)
(a) Mandatory compliance with all applicable provisions of the Wisconsin statutes and the Wisconsin administrative code and all applicable federal, state, and local contract and bidding requirements in fulfilling terms of the grant agreement.
NR 193.13 Note
Note: The grantee should consult its legal counsel with questions concerning contracts and bidding.
NR 193.13 Note
Note: The department has developed the Procurement Guide for Local Governments Receiving DNR Grants, available on the department website.
NR 193.13(1)(b)
(b) Requirements for the grantee to obtain and comply with permits.
NR 193.13(1)(c)
(c) The range of elements that constitute the grant agreement.
NR 193.13(1)(d)
(d) That the grantee is bound to implement the grant agreement in its entirety.
