(6) “Capital asset” means a long-term item having a useful life of more than one year and an acquisition cost of $5,000 or greater. “Capital asset” includes customized equipment where the sum of the components is equal to or in excess of $5,000.
(7) “Conservation easement” has the meaning given in s. 700.40 (1) (a), Stats. (8) “Cost containment” means the process of managing the expenses required to complete a project within pre-planned budgetary constraints. (9) “Department” means the Wisconsin department of natural resources.
(10) “DNR cost share” means the percent of a project’s total cost paid for with grant funds awarded under this chapter.
(11) “Enhancement” means activities conducted to increase one or more beneficial functional values or services of an aquatic ecosystem.
(12) “Equipment” means long-term items having a useful life of more than one year and an acquisition cost of less than $5,000.
(13) “Final payment” means the last reimbursement issued by the department to the grantee for a grant awarded under this chapter after the project has been completed in accordance with the grant agreement and to the satisfaction of the department.
(14) “Grant advance” means the portion of the grant award paid to the grantee after returning a signed grant agreement and prior to project implementation.
(15) “Grant agreement” means a contract between the grantee and the department detailing the project scope, grant award, grant period, DNR cost share, project products, reimbursement process, and conditions that restrict actions of the grantee during the life of the project and during the operation and maintenance phase once the final payment has been issued by the department.
(16) “Grant award” means the dollar amount awarded to the grantee by the department and available to the grantee for reimbursement of eligible project costs.
(17) “Grantee” means an eligible organization or person that is awarded a grant or contract from the department under this chapter.
(18) “Grantee match” means the dollar amount of the eligible project cost not funded with a grant administered by the department.
(19) “Grant period” means the time period stated in the grant agreement during which the grantee may expend funds for the project.
(20) “Lake” means all or a portion of a lentic body of water, including lakes, ponds, millponds, pools, impoundments, reservoirs and flowages, that are within the boundaries of the state.
(21) “Lake ecosystem” means the lake and all streams, channels, wetlands, groundwater, and lands in the watershed and the terrestrial and aquatic life therein.
(22) “Littoral area” means the light-rich shallow-water zone of a lake extending from the ordinary high-water mark to the greatest depth capable of supporting submersed aquatic plants.
(23) “Local governmental unit” has the meaning given in s. 66.0131 (1) (a), Stats. (24) “Management plan” means a written document that explores management challenges, defines management goals and provides strategic direction for selecting project activities to accomplish them.
Note: Examples of management goals include preventing pollution, protecting surface water quality, protecting the quality of aquatic ecosystems, improving surface water quality, or improving the quality of aquatic ecosystems.
(25) “Natural resources enhancement services” has the meaning given in s. NR 1.91 (2) (d). (26) “Nonpoint source water pollution” has the meaning given in s. 281.16 (1) (f), Stats. (27) “Nonprofit conservation organization” has the meaning given in s. 23.0955 (1), Stats. (28) “Ordinary high water mark” means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or inhibition of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics. Where the bank or shore at any particular place is of such character that it is difficult or impossible to ascertain where the point of ordinary high water mark is, the opposite bank of a stream or other reference locations on the shore of a lake or flowage may be used as an alternative point of reference to determine the ordinary high water mark.
(29) “Partial payment” means reimbursement of eligible project expenses requested by the grantee after any grant advance has been expended on eligible projects costs, including grantee match for the grant advance, and prior to completion of the project.
(30) “Point source” has the meaning given in s. 283.01 (12), Stats. (31) “Program-approved protocol” means a method or protocol designed to accomplish certain project activities, including monitoring, modelling, assessment, protection, or restoration, and which is approved by the department for use in a project funded by a grant awarded under this chapter.
(32) “Project” means the practices or activities supported in part by grant funds awarded under this chapter.
(33) “Project scope” means the part of the grant agreement that succinctly describes the extent or range of what the project will accomplish.
(34) “Public inland lake” means a lake, reservoir, flowage, millpond, or portion thereof that is within the boundaries of the state and that is presently accessible to the public by contiguous public lands or easements giving public access.
(35) “Public inland lake protection and rehabilitation district” means a district authorized under s. 33.21, Stats. (36) “Public waterbody” means any lake, pond, stream, creek, drainage way, waterway, wetland, or other area where water naturally flows or drains, or any portion thereof, and that is open to the public for swimming, paddling, canoeing, kayaking, motorized boating, windsailing, fishing, ice fishing, aesthetic enjoyment or other use.
(37) “Qualified lake association” means a lake association that meets the qualifications under s. 281.68 (3m), Stats., and that charges an annual membership fee of not less than $5 and not more than $50. (38) “Qualified river management organization” means a nonprofit corporation as defined in s. 181.0103 (17), Stats., or a chapter or legal affiliate of a nationally recognized nonprofit organization registered in another state, that meets all of the following conditions: (a) The organization specifies in its articles of incorporation or bylaws that a substantial purpose of its being incorporated is to support the protection or improvement of one or more rivers or riverine ecosystems for the benefit of the general public or demonstrates that the substantial purpose of its recent past actions was to support the protection or improvement of one or more rivers for the benefit of the general public.
(b) The organization does not limit membership or deny the right of any member or any class of members to vote.
(c) The organization requires payment of an annual membership fee of not less than $5 and not more than $50.
(39) “Qualified school district” means a school district that qualifies under s. 281.68 (3m) (c), Stats. (40) “Qualified surface water management organization” means a nonprofit corporation, a charitable trust or other nonprofit association that is described in section 501 (c) (3) of the Internal Revenue Code that meets all of the following criteria: (a) The entity is exempt from federal income tax under IRC s. 501 (a) of the internal revenue code.
(b) The organization’s stated purpose or past actions are aligned with the purposes of this chapter.
(c) The entity is registered with the Wisconsin department of financial institutions or if it is located out of state and is not registered with the Wisconsin department of financial institutions, it has an established presence in the state of Wisconsin as determined by the department.
(d) The entity is seeking a grant award for projects primarily benefitting the waters of the state of Wisconsin.
(41) “Resource protection services” means activities pursuant to s. 281.55, 281.57, 281.65, or 281.695 (5), Stats., and s. NR 1.91 (2) (L) that protect surface water and aquatic ecosystems, including nonpoint source water pollution management, lake planning, and certain lake management actions. (42) “Restoration” means the enhancement or reestablishment of historic surface water or shoreline habitat conditions and functions, to the maximum extent practicable, at a site where they have been diminished, including the reestablishment of natural hydrology, natural land contours, native vegetation, aquatic invasive species control, or the replacement of rock or woody cover.
(43) “River” means a lotic waterbody located in or bordering the state and includes rivers, streams, creeks, channels, flowages and impoundments.
(44) “Riverine ecosystem” means a river and all wetlands, groundwater, and lands in the watershed of the river and the terrestrial and aquatic life therein.
(45) “Shoreline habitat” means the area adjacent to both sides of the ordinary high-water mark including the littoral and adjacent upland habitat areas that can provide both water quality and ecosystem benefits to a waterbody.
(46) “Supplies” means short-term items that are consumed during the project, typically within the course of one year.
(47) “Surface water” means surface water, as defined in s. NR 811.02 (66), that lies within or that borders the boundaries of the state. Note: Surface waters include lakes, rivers, and wetlands.
(48) “Town sanitary district” has the meaning given in s. 60.70 (9), Stats. (49) “Tribal governing body” means an elected tribal governing body of a federally recognized American Indian tribe or band.
(50) “Waterbody” means a lake, river, wetland, or portion thereof.
(51) “Watercraft” has the meaning given in s. 30.01 (7), Stats. (52) “Watercraft inspection program” means a department-approved aquatic invasive species prevention program in which volunteer or paid staff conduct watercraft and equipment inspections and educate surface water users on how to prevent the spread of aquatic invasive species.
Note: The department-approved watercraft inspection program is “Clean Boat, Clean Waters.”
(53) “Watershed” means an area of land over which surface water flows and drains to common outlet, defined relative to a specific point in the surface water drainage network and including all land upstream that drains to that point.
(54) “Waters of the state" has the meaning given in s. 281.01 (18), Stats. (55) “Wetland” has the meaning given in s. 23.32 (1), Stats. (66) “WisDOT” means the Wisconsin department of transportation.
NR 193.04 Accountability. (1) A grantee shall do all of the following:
(a) Follow generally accepted accounting principles and practices during the implementation of a project funded with a grant awarded under this chapter. Should the grantee fail to comply, the department may terminate the grant if the project is incomplete or require repayment in part or full if the project is complete.
(b) If the grantee receives a grant advance from the department, interest earned on the grant advance shall be used for the same purposes for which the department originally awarded the grant. Should the grantee fail to comply, the department may require that earned interest be submitted to the department.
(c) Document all project costs and maintain documents to support grant expenditures in sufficient detail to show that project costs are consistent with the grant agreement. Should the grantee fail to comply, the department may withhold payment.
(d) Maintain all financial records for 6 years following the issuance of the final payment, unless longer retention is directed by the department in writing, and make these financial records available to department staff upon request. Financial records to which this paragraph applies include published public notice and bid summaries; records showing volunteer time, donated professional services, supplies and equipment; invoices; canceled checks, bank or credit card statements; documentation regarding the life and depreciation of supplies, equipment, and capital assets purchased with grant funds awarded under this chapter; records related to earned interest, the collection of fees and any other documents that support project costs claimed by the grantee. Should the grantee fail to comply, the department may require repayment of grant funds in part or full.
(e) Comply with all applicable state and federal laws and regulations regarding cost containment, bidding, contract awards, wage, and labor rates. Should the grantee fail to comply, the department may require repayment of grant funds in part or full.
(f) 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 any permitted activity. A grantee shall fully comply with the permits and approvals during implementation of any permitted activity and shall submit proof of each approved permit to the department with any relevant payment request. The department may not issue a payment if the approved permit is not submitted by the grantee.
(g) Enter into a land use agreement with non-grantee landowners participating in a proposed project no later than the date on which the department issues a grant agreement. Should the grantee fail to comply, the department may withhold payment.
(h) Agree 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 a grantee receives federal or state grant funds totaling at least $750,000 during the grantee’s fiscal year. Should the grantee fail to comply, the department may withhold payment. (i) Operate as an independent contractor having sole control and responsibility for directing, supervising, or determining the method, hours worked, and time and manner of any performance under a grant agreement issued under s. NR 193.12 (2), other than as specifically provided for in this chapter. The department may not exercise control over the selection and dismissal of a grantee’s employees or agents. (j) Agree that any fees charged for the use of the project site shall not exceed the cost of a daily state park sticker and that revenues generated will be applied back to the project for which the grant was originally awarded. Should the grantee fail to comply, the department may require that fees collected in excess of the daily state park sticker rate are submitted to the department.
(2) The department may conduct an audit of a grantee’s records for a grant award at any time during the project period or within 6 years following the issuance of the final payment unless a longer document retention is directed by the department in writing. The department may require that the grantee repay any prior payment issued by the department if an audit reveals that costs cannot be substantiated.
(3) Failure of a grantee to comply with one or more terms of the grant agreement issued under this chapter may result in termination of the agreement and the suspension of all obligations of the department. Grant agreements may also be terminated by the department if a grantee fails to make satisfactory progress on activities approved for grant funding, fails to complete the project to the satisfaction of the department, or makes project changes without department approval for a project scope or budget amendment. The department will notify any grantee not in compliance with a grant agreement, in writing, and allow 30 days for the grantee to pursue corrective action. If corrective action does not address department concerns, the department will issue a final termination letter to the grantee, including the reason for termination. Upon termination of a grant agreement, the department may require the grantee to reimburse the department for any grant funds the department deems appropriate. If the compliance failure is determined by the secretary of the department to be due to no fault of the grantee, the amount required to settle at minimum the costs of any irrevocable obligations properly incurred shall be eligible for assistance under this chapter at the department’s discretion.
(4) The grantee may terminate the grant agreement, in writing, at any time prior to the start of the project and before expending any grant funds awarded under this chapter. After the project has been started or grant funds have been expended, a grantee may request to terminate the agreement in writing, subject to approval by the department.
(5) The department may require the grantee to install and enforce an organization code of conduct that lays out expectations and guiding principles for appropriate workplace behavior. The grantee shall implement the code of conduct when dealing with department staff, volunteers, local elected officials, employees, service providers and customers. Should the grantee fail to comply, all obligations of the department under an agreement may be terminated.
NR 193.05 DNR cost-share percentages and maximum grant award amounts. Grants awarded under this chapter cover a percentage of total eligible project costs up to a maximum grant award amount, as outlined in Table 1 for each grant subprogram in this chapter. The grantee shall be responsible for contributing the grantee match as specified in s. NR 193.07 and any project costs that exceed the grant award amount.
TABLE 1
Surface Water Grant Project Cost Share Table
This table lists the DNR cost-share percentage, maximum grant award, grantee match, maximum grant advance possible as a percentage of the grant award amount, and lake public access requirements of each project type under this chapter. |
Grant Category | Project Type | DNR Cost Share | Maximum Grant Award | Grantee Match | Maximum Grant Advance | Public Lake Access Required |
Education and Planning Grantsa | Surface Water Education | 67% | $5,000 | 33% | 75% | No |
| Surface Water Planning | | $10,000 | | | |
| Comprehensive Planning for Lakes & Watersheds | | $25,000 | | | |
| County Lake Grants | | $50,000 | | | |
Management Grants | Healthy Lakes & Rivers | 75% | $25,000 | 25% | 25% | Project-specific |
| Surface Water Restoration (Lakes) | | $50,000 | | | |
| Surface Water Restoration (Rivers) | | $25,000 | | | |
| Management Plan Implementation (Lakes & Watersheds) | | $200,000 | | 25% not to exceed $25,000 | |
| Management Plan Implementation (Rivers) | | $50,000 | | 25% | |
| Ordinance Development | | $50,000 | | | No |
| AIS Prevention | | $24,000b | | | Yes |
| AIS Early Detection and Response | | $25,000 | | | Project-specific |
| AIS Large-scale Population Management | | $150,000 | | 25% not to exceed $25,000 | Yes |
| AIS Small-scale Population Management | | $50,000 | | 25% | |
| AIS Research and Demonstration | | $500,000c | | 25% not to exceed $25,000 | No |
| Fee Simple Land and Easement Acquisition (Lakes) | | $200,000 | | 100% of approved land value at escrow closing | Nod |
| Fee Simple Land and Easement Acquisition (Rivers) | | $50,000 | | | |
| Wetland Restoration Incentive | 100% | $10,000 | 0% | 0 | No |
| Lake Monitoring & Protection Network | 100% | Up to 25% of lakes & AIS appropriation | 0% | N/A | No |
a The maximum amount of combined Education and Planning grant awards to a lake, river, or grantee may not exceed $50,000 in one state fiscal year as specified in s.281.68 (2) (a), Stats.
bThe watercraft inspection program provides $4,000 for inspection activities carried out on each landing or pair of landings.
cA maximum of $500,000 may be awarded annually for projects under this subprogram.
dA grantee acquiring property through title in fee simple or rights to a property via a conservation easement shall ensure that the property provides for public access as provided in s. 281.71, Stats., unless the department determines, and documents in writing, that the property may be closed to public access to protect wild animals, plants or other natural features in accordance with s. 281.71 (1) (c), Stats. NR 193.06 Eligible and ineligible costs. (1) Eligible costs. The department may reimburse eligible project costs at the DNR cost-share percentage up to the maximum allowable grant award amount if the costs are reasonable and necessary for the project, documented, consistent with the approved application that is part of the grant agreement, directly related to the project, and incurred during the grant period. Eligible costs include any of the following:
(a) Labor and fringe benefits. 1. Labor costs incurred by grantee staff, whether existing or new, to carry out project activities identified in the grant agreement. Labor costs shall be based on the salary, hourly wages, fringe benefits and other items determined to be appropriate by the department previously established by the grantee and paid to the employee at the time the expense was incurred for staff time.
2. Direct administrative costs, including actual salary or hourly wages and fringe benefits incurred by immediate supervisors and support staff that can be tracked, charged directly to and accounted for by the project. Supervisors and support staff are understood not to be involved in the day to day implementation of the project. Costs under this subdivision may not exceed 10% of the project grant award amount.
