(c) Equipment and capital asset costs. Equipment and capital assets purchased with funds awarded under this chapter shall first be approved by the department. Inclusion of the equipment or capital asset in a grant agreement constitutes the department’s approval. Equipment and capital assets shall conform to the maintenance and disposition of assets detailed in s. NR 193.14. If several component parts are purchased separately, and assembled into a single piece of equipment, the department shall consider the total cost of all components for reimbursement considering the appropriate cost-share percentage. (d) Acquisition costs. Costs associated with the purchase of fee simple or a conservation easement land acquisition as defined in s. NR 193.03 (1). (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 those specified in s. NR 193.55 and all of the following: (a) Fines and penalties due to violation of, or failure to comply with, federal, state, or local laws and regulations.
(b) Ordinary operation expenses of a grantee, such as salaries and expenses of public officials that are not directly related to the project.
(c) Purchase of aquatic plant harvesters, boats, motor vehicles, or office furniture.
Note: Financial support for the purchase of aquatic plant harvesters is available as specified in s. 30.92 (4) (b) 8., Stats. (d) Dredging for enhancing navigation or recreation.
(e) Dam maintenance, repair and operation.
(f) Liability insurance.
(h) Water safety patrols.
(i) Routine maintenance and operating costs of equipment or facilities, including pumps, aerators, plant harvesters, or sedimentation basins.
(j) Indirect Costs.
(k) Food or beverages at grantee events.
(L) Clothing, except for Clean Boats Clean Waters and other authorized department activities.
(m) Consulting costs for preparing an application for a grant under this chapter.
(n) Costs associated with fundraising.
(o) Purchase and installation of remote surveillance devices designed for automated watercraft inspection.
NR 193.07 Grantee match. (1) See Table 1 in s. NR 193.05 for the DNR cost-share percentage and requirements for grantee match. (2) Eligible sources of grantee match may be cash or in-kind contributions.
(a) To be acceptable, in-kind contributions shall otherwise be eligible expenses under the awarded grant subprogram and shall conform to the requirements of expense eligibility for that particular subprogram. In-kind contributions include all of the following:
1. Donated labor from grantee staff established by grantee time sheets including salary, hourly wages, fringe benefits, and other costs determined by the department to be appropriate for the direct implementation and administration of the project.
2. Donated labor from volunteers, the maximum value of which is established by the department and included in the Surface Water Grant Program Guidance available on the Surface Water Grant Program webpage. Volunteers shall be at least 14 years of age in order for their time to be eligible as match.
Note: For a county conducting a project requiring compliance with U.S. department of agriculture natural resources conservation service standards, the value of donated labor rate in that county may be established by the U.S. department of agriculture farm service agency.
3. Donated professional services with the value determined in writing by the donor on donor letterhead.
4. Donated supplies or construction materials with the value determined in writing by the donor.
5. Donated equipment with equipment purchase and rental value determined by the WisDOT’s Classified Equipment Rates Standard and Special Rated Units for highway equipment. If the item donated does not appear on the WisDOT’s Classified Equipment Rates Standard and Special Rated Units document, the applicant shall determine the value of donations using one of the following methods:
a. Choose the closest equipment equivalent from WisDOT’s Classified Equipment Rates Standard and Special Rated Units for highway equipment. Where the WisDOT’s Classified Equipment Rates Standard and Special Rated Units for highway equipment lists “rate set locally,” the department may determine a rate as published in the Surface Water Grant Program Guidance.
b. Determine the current market value using at least 3 estimates for purchase of equipment from vendors within the vicinity of the project. The lowest estimate will be used to establish the value of donated equipment. The applicant shall submit copies of all estimates with the grant application and the grantee shall maintain copies of estimates in the grantee’s project file.
c. Determine the daily market rental rate at the time of application. The applicant shall establish the daily market rental rate using at least 3 estimates for the daily rental rate of equipment from vendors within the vicinity of the project. The lowest estimate will be used to establish the value of donated equipment use, prorated to reflect the number of hours of actual use.
Note: Example: Daily market rate of $60, divided by 8 hours = $7.50 hourly rate x 2 hours use = $15 donated value listed in grant application.
Note: An applicant shall use the version of the WisDOT’s Classified Equipment Rates Standard and Special Rated Units for highway equipment in effect in the year in which the equipment usage occurred. The rates for equipment may be obtained from the Wisconsin department of transportation, 4802 Sheboygan Avenue, Madison, WI 53705. See the department’s Surface Water Grant Program webpage for the current Wisconsin department of transportation’s Classified Equipment Rates published in the State Highway Maintenance Manual.
Note: In-kind contributions may come from applicant members or from third parties. For grant purposes, “third parties” are neither the department of natural resources nor the grantee.
6. Other costs determined by the department to be necessary to carry out a successful project.
(b) The grantee shall track match expenditures by subcategory shown in the approved project budget, maintain proofs of purchase and proofs of payment for both cash expenditures, and maintain all documentation that established value for all donated, in-kind contributions.
(c) The grantee shall track the substantiated value of donated materials, equipment, services, and labor as all or part of the local share of the project costs.
NR 193.08 Cost containment. (1) Procedures. A grantee shall implement cost containment measures for all capital assets and any supply, service, or equipment item purchased by the grantee for projects funded under this chapter and where the total cost of each supply, service or equipment item exceeds $1,000. The grantee shall identify the cost containment procedure used when requesting reimbursement. The grantee shall use one or more of the following cost containment procedures for each practice identified in the grant agreement:
(a) Average cost. Using cost information obtained during 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 actives. 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. (c) Flat rate. The department may establish flat rates for eligible costs funded under this chapter. An applicant may choose to use the department flat rate as one means of cost containment. A grantee that is a governmental unit may establish a maximum cost limit per practice, also known as a flat rate, for the implementation of practices identified in a grant agreement. The grantee may use information 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. If grantee employees are able to perform the work at a cost lower than the private sector, 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 this subsection, the grantee shall identify the alternative in the grant application it submits for review and approval by the department.
(2) Donations. The cost-containment procedures in this section shall be used to control the cost of in-kind contributions, including the substantiated value of donated materials and supplies, equipment, services, and labor necessary to implement practices. (a) 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. Cost-containment procedures established in this section do not apply to fee simple or easement land acquisition. Cost of land acquisition is always determined by appraisal approved by the department.
NR 193.09Applications. (1) APPLICATION SUBMISSION. (a) The department shall establish application deadlines for each subprogram under this chapter and publish those deadlines in guidance posted on the Surface Water Grant Program webpage. To be considered for 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, provide all requested information, include complete project budgets and other required supporting documentation.
Note: The department’s guidance on application deadlines is posted on the Surface Water Grant Program webpage.
Note: An application may be obtained from the Surface Water Grant Program’s webpage.
(b) The department may accept AIS Early Detection grant applications year-round.
(2) APPLICATION ELIGIBILITY. The department will review applications for eligibility within 30 days of receipt. If the department determines an application is ineligible, it will be returned along with a written basis for the determination. 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:
(a) The application lacks information needed to evaluate and score.
(b) The application lacks the clarity needed to determine results or outcomes.
(c) The application proposes activities, outcomes or both that are inconsistent with state goals and objectives for surface water planning and management as determined by laws, codes and publicly vetted procedures and guidance.
(3) FUNDING FLEXIBILITY. The department shall 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 shall evaluate each application for adherence to subprogram priorities. Applications will be scored according to criteria published by the department. Applications will be ranked by subprogram, from highest to lowest project score.
(b) The department may establish a minimally acceptable score for each subprogram. Depending on the source of funds available, there may be years when the department does not award all funds and available funding is carried forward to the subsequent grant cycle.
(c) The department may offer financial assistance to an applicant in an amount less than requested if available funding is insufficient to fully fund a project in that subprogram. In the event 2 or more applications have an identical score and there are insufficient monies to fund both, the department shall split available funding evenly among all similarly scored projects.
Note: The department’s scoring criteria and minimally acceptable score are available on the Surface Water Grant program webpage.
(5) APPLICANT NOTICE. The department shall notify applicants of the status of their grant application and likely amount of their grant award. If a project as described in the grant application is found to be ineligible, the department shall notify the applicant, in writing, of the basis for its non-eligibility determination. If the department in unable to provide the amount of grant funding requested by the applicant, the department shall notify the applicant, in writing, of the basis for funding denial. The department shall prepare a new or update an existing project priority list following review of applications submitted for the application cycle. The project priority list shall include all eligible applications, ranked by project score, that will receive grant funding. The department shall publish the priority list on the Surface Water Grant Program web page.
NR 193.10 Public access. (1) Each grant application for a project on a public waterbody shall include a description of the existing and proposed public access. The description shall include current and future public use at the access sites, maps of the waterbody, location and numbers of carry-in sites and boat landings, numbers of car and trailer parking spaces or street parking options, and proximity to public parks.
(2) The department may not provide grant awards for natural resource 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 6 prohibited species identified in ch. NR 40 are considered resource protection services. NR 193.11 Priorities. (1) The department shall establish statewide priorities for each subprogram under this chapter and publish those priorities in guidance.
Note: The department’s published priorities list is posted on the department’s Surface Water Grant Program webpage.
Note: The department shall use a variety of platforms to conduct outreach and notify potential applicants of funding 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 may not exceed the state share considering the DNR cost-share percentage identified under s. NR 193.05 for estimated costs of the project as requested in the grant application and approved by the department. 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. Note: The following method may be used to determine a grant award: 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 in this case is $20,000.
(2) AWARDS AND AGREEMENTS. All grant awards will result in the issuance of a grant agreement. 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.
NR 193.13 Conditions for grant agreements. (1) GENERAL. A grant agreement may include any of the following conditions:
(a) 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.
(b) Any revisions to the original grant agreement approved by the department, including cost adjustments, time extensions, and scope changes, shall be made by an amendment to the original agreement. The grantee shall submit a written amendment request to the department. Amendments to cost or scope to the original agreement must be signed by the department and the grantee prior to the end date of the agreement. With the exception of Clean Boats Clean Waters projects, time extensions to the original agreement may be granted by the department in writing without the requirement of the grantee’s signature.
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.
(c) Failure by the grantee to comply with the terms of the grant agreement shall result in the suspension of all obligations of the department, unless the secretary of the department determines that such failure was due to no fault of the grantee. In such case, the amount required to settle at minimum costs any irrevocable obligations properly incurred shall be eligible for assistance under this chapter, at the department’s discretion.
(d) The grantee may terminate the grant agreement, in writing, at any time prior to the start of the project and before expending any funds awarded under this chapter. After the project has been started or funds expended, a grantee may choose to terminate the agreement only in writing and by mutual written agreement.
(e) The department may require the grantee to reimburse the department for any funds the department deems appropriate in the event the grantee fails to comply with the conditions of the grant agreement. In addition, should the grantee fail to comply with the conditions of the grant agreement, fail to progress due to non-appropriation of funds, or fail to progress with or complete the project to the satisfaction of the department, all obligations of the department under an agreement may be terminated, including further project cost payment, at the discretion of the department.
(f) The grantee shall comply with all applicable Wisconsin statutes and Wisconsin administrative codes in fulfilling terms of the grant agreement. The grantee shall comply with all applicable federal, state, and local contract and bidding requirements.
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.
(g) The grantee shall obtain all regulatory permits and approvals required by federal, state, or local agencies, including water and wetland regulatory permits from the department, prior to implementation of permitted activity, and shall fully comply with the permits and approvals during implementation of permitted activity. The grantee shall submit a copy of the approved permit to the department along with the reimbursement request. The department may not issue reimbursement if the approved permit is not submitted by the grantee.
(h) Department funds may not be considered part of the grantee match. Interest earned on a grant advance shall not be considered part of the grantee match.
(i) A grantee shall account for project funds using generally accepted accounting principles and practices that shall be recorded by the grantee in a separate account.
(j) A grantee shall keep all financial records, including invoices and canceled checks, that support the project costs claimed by the grantee and shall make these available to the department for inspection for 6 years after receipt of final payment, unless longer retention is directed by the department in writing. The grantee shall maintain records about the disposition of the supplies, equipment, and capital assets purchased with a grant under this chapter and make such records available to the department upon request.
