(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.
(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 a qualified contractor other than the lowest qualified bidder but shall contribute 100% of the difference between the lowest qualified bid amount and the selected bid amount. Note: Applicants may wish to review the Procurement Guide available on the Surface Water Grant Program webpage.
(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 their established flat rates. The grantee may use data obtained from the department, other departments, or from other sources to determine a flat rate.
Note: Flat rates will be published by the department on the Surface Water Grant Program webpage.
(d) Force account. A grantee may assign its employees to implement a practice.
(e) Alternative cost containment measures. If a grantee determines that another cost containment procedure would 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.
(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 shall be indicated in the grant application submitted under this chapter.In-kind contributions shall abide by the all of following cost containment measures:
(a) The maximum value of donated professional labor may not exceed the prevailing local market wage for equivalent work.
(b) The maximum value of donated non-professional labor may not exceed the rate established by the department.
Note: The rate established by the department will be published on the Surface Water Grant Program webpage.
(d) The value of donated materials and services may not exceed market rates and shall be established by invoice.
(3) Exceptions. (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.
(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 grants web page at least 90 days before the grant application submission deadline.
NR 193.09 Applications. (1) Application submission. (a) The department may establish application deadlines for each subprogram under this chapter. 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 received by the department no later than 11:59 p.m. on the application deadline for applications submitted electronically. Complete applications are those that adhere to application instructions, include a complete project budget. All information requested by the application, and other required supporting documentation.
Note: An application and guidance on deadlines is available from the Surface Water Grant Program’s webpage.
(b) The department may accept Aquatic Invasive Species Early Detection grant applications year-round.
(2) Application eligibility. (a) The department will review applications for eligibility within 30 days of receipt. If the department determines an application is ineligible, the department will supply an explanation for the determination in writing. 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 the following reasons:
1. The application lacks information needed to evaluate and score the application.
2. The application lacks the clarity needed to determine results or outcomes.
3. The application proposes activities or outcomes that are inconsistent with the goals and objectives for surface water planning and management as described in this chapter, the enabling statutes, and program guidance.
(b) The department will review the application for completeness within 30 days of receipt and may either return the application with a request for more information or determine the application is ineligible. The application is not considered complete until the additional information requested by the department has been received. The department will only score and rank complete applications.
(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.
(4) Scoring and ranking. (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. (b) The department may establish a minimally acceptable score for applications submitted under each subprogram.
Note: The department’s scoring criteria and minimally acceptable score are available on the Surface Water Grant Program webpage.
(5) Applicant notice. The department will notify applicants of the status of their grant applications and the likely amount of grant awards. If a project as described in the grant application is determined to be ineligible, the department will notify the applicant, in writing, of the basis for its determination. 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.
(6) Project priority list. (a) The department will prepare a new or update an existing funding priority list following scoring and ranking of applications submitted to the department. The project priority list includes all applications 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 priority list
Note: The department will publish the project priority list on the Surface Water Grant Program web page.
(b) The department may offer financial assistance to an applicant in an amount less than requested for the following reasons:
1. Available grant funding is insufficient to fully fund a project in that subprogram. In the event two 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.
Example: 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. where
2. The department determines a proposed activity is not necessary to meet the goals of the surface water grant program.
NR 193.10 Public access. (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.
(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). (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. Note: Early Detection and Response Grants awarded under subchapter VI for prohibited species identified in ch. NR 40 are considered resource protection services. NR 193.11 Priorities. (1) The department will establish grant funding priorities for each subprogram under this chapter.
Note: The department’s priorities for grant funding are posted on the department’s Surface Water Grant Program webpage. 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.
(2) The department shall give priority to 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. If public boating access does not exist on a waterbody and a grant application will increase public boating access, then the department shall 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 193.12 Grant awards and grant agreements. (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 given 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. 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.
(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. Project scope incorporates 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 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 and made a part of the agreement. (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 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 requirement of 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.
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 193.13 Conditions for grant agreements. (1) General. The department may include conditions in a grant agreement related to any of the following:
(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.
Note: The grantee should consult its legal counsel with questions concerning contracts and bidding.
Note: The department has developed the Procurement Guide for Local Governments Receiving DNR Grants, available on the department website.
(b) Requirements for the grantee to obtain and comply with permits.
(c) The range of elements that constitute the grant agreement.
(d) That the grantee is bound to implement the grant agreement in its entirety.
(e) Circumstances under which a grant agreement may be amended.
(f) Expectation that the grantee use generally accepted accounting principles and practices.
(g) A grantee’s status as an independent contractor and ability to exert sole control over its employees and contractors.
(h) Expectation that the grantee develop and enforce a written code of conduct for its employees or agents
(i) Eligible project costs.
(j) The methods, protocols, procedures, laboratory or analyses employed by a grantee to implement a grant agreement.
(k) Source and amount of grantee match.
(L) Circumstances for a grant advance.
(m) Expectation that a grantee will hire a contractor or agent using a professional service agreement.
(n) Partial payment amount and frequency.
(o) Reporting requirements.
(p) Expectation that a grantee will record the grant agreement on the property title.
(q) Restrictions of final payments and the timing of request.
(r) Percent of grant award retained by the department for final payment.
(s) Expectation that a grantee will make a project site available for inspection by the department.
(t) Circumstances for grant agreement termination by the department related to grantee performance.
(u) Circumstances under which a grantee must repay grant funds to the department for failure to comply with one or more conditions of the grant agreement.
(v) Disposition of supplies, equipment, and capital assets by the grantee.
(w) Obligation for a grantee to retain and disclose project financial records.
(x) Responsibility of a grantee to have an annual audit performed on federal funds received from a state or federal agency in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, also known as “Uniform Guidance,” and WI State Single Audit Guidelines issued by Wisconsin department of administration, state controller’s office, if the total of all federal of state grant funds received by the grantee is at least $750,000 during the grantee’s fiscal year. (2) Special conditions. The department may include special conditions in a grant agreement for a grant awarded under this chapter. Special conditions typically include requirements that a federal agency has placed on the department through a federal grant and that are passed through to third parties that receive and use those federal funds. Special conditions may also include unique water quality or biological requirements or reporting requirements that are deemed appropriate by the department. A grant project that includes fee simple or easement land acquisition will also include special conditions related to the department’s evaluation of offers to purchase, appraisals, land surveys, and other real estate costs approved by the department.
(3) Essential conditions for land acquisition. The department shall include all conditions that are essential for a grant awarded under this chapter in a grant agreement. Essential conditions for land acquisition projects are specified in s. 281.71 (1), (2), (3), and (5), Stats. Failure to comply with any essential condition will result in the title of the subject property being vested to the state. NR 193.14 Maintenance and disposition of assets. A grantee may purchase supplies, equipment, or capital assets with a grant provided under this chapter, consistent with limitations for each subprogram and federal guidelines, if applicable. The grantee shall adhere to all of the following maintenance and disposition procedures for supplies, equipment, and capital assets purchased with grant funds awarded under this chapter:
(1) Supplies. The grantee may retain, sell, or dispose of project supplies after the term of the grant agreement and may retain sale proceeds.
(2) Equipment. (a) The grantee shall maintain equipment purchased with a grant awarded under this chapter in good working order during the term of the grant agreement, including use of proper fuel, routine maintenance, and fresh batteries.
(b) Equipment purchased with a grant awarded under this chapter may not be sold or donated during the term of the grant agreement.
(c) After the term of a grant agreement the grantee may retain, sell, or donate equipment purchased with a grant under this chapter and may retain sale proceeds. Sales to state of Wisconsin employees are prohibited unless items are sold at announced public sales or auctions. Acceptable methods for sale or donation include any of the following:
1. Competitive bid.
2. Public auction.
3. Open negotiated and documented sale.
4. Offer to the public at a fixed sale price.
5. Donation, transfer, or sale to another grantee qualified to receive a grant under this chapter.
6. Sale for salvage value.
7. Donation to a scrap yard or business when the equipment has no or limited value.
(3) Capital assets. The grantee shall retain capital assets purchased with grant funds awarded under this chapter in good working order during the term of the grant agreement, including use of proper fuel, routine maintenance, and fresh batteries. Other conditions pertaining to capital assets include the following:
(a) Capital assets purchased with grant funds awarded under this chapter may not be sold or donated during the term of the grant agreement.
