Tax 13.07(2)(c)
(c) Application review process. All applications shall be reviewed by the board. The following criteria shall be used to evaluate each application:
Tax 13.07(2)(c)1.
1. The extent to which the impact is caused by metallic mining and the severity of the actual or potential impact.
Tax 13.07(2)(c)2.
2. The extent to which the applicant is prepared to deal with the mining impact and is using all possible resources to address the situation. Consideration shall be given to the following factors:
Tax 13.07(2)(c)2.a.
a. Whether the applicant will complement the project with other community assistance programs, resources, funds, or expertise.
Tax 13.07(2)(c)2.b.
b. Whether the applicant has demonstrated an ability and willingness to plan for its future.
Tax 13.07(2)(c)2.c.
c. Whether the applicant had demonstrated a willingness to cooperate with neighboring jurisdictions.
Tax 13.07(2)(c)3.
3. The extent to which the applicant will make effective use of a mining impact grant. Consideration shall be given to the following factors:
Tax 13.07(2)(c)3.a.
a. Whether the proposal is likely to accomplish its purpose and addresses the impact.
Tax 13.07(2)(c)6.
6. The board shall consider the following additional criteria in evaluating a funding application submitted by a local impact committee:
Tax 13.07(2)(c)6.a.
a. The extent to which the funding proposal conforms with the statutory purposes of a local impact committee in s.
293.33 (1), Stats., and meets the requirements of s.
293.33 (4), Stats.
Tax 13.07(2)(c)6.b.
b. The adequacy of the local impact committee's long-term plan and the appropriateness of the funding proposal in relation to the long-term plan.
Tax 13.07(2)(c)6.c.
c. The degree of support provided to the local impact committee by its appointing authority, including staff support, direct financial support, and approval by the appointing authority of the local impact committee's activities, as evidenced by supporting resolution.
Tax 13.07(2)(c)6.d.
d. The efforts of the local impact committee to obtain additional funding from other sources.
Tax 13.07(2)(c)6.e.
e. The past success of the local impact committee in accomplishing its statutory purposes.
Tax 13.07(2)(c)6.f.
f. The performance of the local impact committee in financial audits and the steps taken by the local impact committee to correct inadequacies noted in audits.
Tax 13.07(2)(c)7.
7. The board shall consider the following additional criteria in evaluating a funding application submitted by a joint impact committee:
Tax 13.07(2)(c)7.a.
a. The extent to which the funding proposal conforms with the purposes of the joint committee specified in this chapter.
Tax 13.07(2)(c)7.b.
b. The adequacy of the joint impact committee's long-term plan and the appropriateness of the funding proposal in relation to the long-term plan.
Tax 13.07(2)(c)7.c.
c. The degree of local support for activities of the joint committee, including staff services donated by municipalities within the area served by the joint committee, direct financial support received or anticipated to be received from local impact committees and municipalities within the area served by the joint committee and approval of the activities of the joint committee as evidenced by supporting resolutions from local committees, municipalities, and tribal governing bodies within the area served by the joint committee.
Tax 13.07(2)(c)7.d.
d. The efforts of the joint impact committee to obtain additional funding from other sources.
Tax 13.07(2)(c)7.e.
e. Past successes of the joint committee in implementing the purposes specified for the joint committee in this chapter.
Tax 13.07(2)(c)7.f.
f. Performance of the joint committee on financial audits and steps taken by the joint committee to correct inadequacies noted in any financial audit.
Tax 13.07(2)(c)7.g.
g. The adequacy of communications between the joint impact committee and the local impact committees, municipalities, and tribal governing bodies within the area served by the joint impact committee.
Tax 13.07(2)(c)8.
8. When providing partial funding or requiring local matching funds for a grant project, the board shall consider:
Tax 13.07(2)(c)8.b.
b. The extent to which the project is necessary for alleviating a mining-related impact.
Tax 13.07(2)(c)8.d.
d. The extent to which a municipality receives other revenues associated with a proposed or operating mine.
Tax 13.07(2)(c)8.e.
e. The amount of funds available in the investment and local impact fund and the short term and long term needs of mining communities throughout the state.
Tax 13.07(2)(c)10.
10. During the board review of the grant proposals, applicants may appear before the board on behalf of their applications.
Tax 13.07(2)(d)
(d) Decision and notification process. The board shall make its funding decisions on or before October 15. The board shall notify all applicants in writing of the action taken on their respective applications.
Tax 13.07(2)(e)
(e) Grant agreements. Grant decisions made by the board shall be formalized in a grant agreement between the board and the local government grant recipient. The terms of the grant agreement shall include:
Tax 13.07(2)(e)4.
4. Provisions for the maintenance of grant funds in a segregated account.
Tax 13.07(2)(e)5.
5. Provisions for the maintenance of records of grant expenditures and supporting documentation to substantiate the costs claimed.
Tax 13.07(2)(e)6.
6. Provisions for the return of unexpended funds to the board at the end of the project period or grant year.
Tax 13.07(2)(e)7.
7. Provisions for the submittal of an expenditure report to the board at the end of the project period or grant year to document the use of the grant award.
Tax 13.07(2)(e)8.
8. Other reasonable terms the board believes necessary to ensure the prudent use of the grant funds.
Tax 13.07(2)(f)
(f) Grant disbursements. The board shall disburse grant awards as follows:
Tax 13.07(2)(f)1.
1. Discretionary grant awards of $2,000 or less shall be disbursed to the grant recipient at the beginning of the grant project, after the grant agreement has been signed by both parties.
Tax 13.07(2)(f)2.
2. Grant awards for more than $2,000 shall be distributed on an as-needed basis. A grant recipient shall certify to the board project costs that have been incurred. A grant check shall be sent to the grant recipient within 3 weeks for the amount of the expenditure. To certify the expense, the grant recipient shall file a certification form with the board or submit a copy of the bill to document the expenditure.
Tax 13.07(2)(g)
(g) Appeals process. The grant appeal process shall include the following steps:
Tax 13.07(2)(g)1.
1. Any municipality which wants to appeal a funding decision by the board shall submit a written appeal to the board within 20 days after notification. The 20-day period begins on the day after the mailing of the board's decision. The written appeal shall specify in detail:
Tax 13.07(2)(g)1.c.
c. New, pertinent information which was not available to the board at the time of its decision.
Tax 13.07(2)(g)2.
2. A representative of an appealing municipality may appear before the board prior to board action on the appeal. The board shall decide whether to reconsider action on an appeal within 30 days after receipt of the written appeal. Any municipality aggrieved by a funding decision of the board may petition the circuit court for a review of the board's decision within 30 days of its original decision, or if an appeal has been sought as provided in this subdivision, within 30 days of the board's decision on that appeal. The 30-day period begins on the day after the mailing of the board's decision. The petition for review shall be served on the board and filed in the office of the clerk of circuit court as specified in s.
227.16, Stats.
Tax 13.07(3)(a)(a) Any discretionary funds available to the board, may be withdrawn and distributed by the board, at any time, to any municipality which demonstrates its need for financial assistance in alleviating a mining-related impact which is deemed by the board to be sudden and unforeseeable. The policies and procedures presented in
sub. (2) (c), shall apply to the distribution and use of emergency reserve monies, except for the specified deadline dates.
Tax 13.07(3)(b)
(b) The board shall not consider requests for emergency payments from local or joint impact committees for administrative or operational expenses.
Tax 13.07 History
History: Cr.
Register, November, 1982, No. 323, eff. 12-1-82; r. and recr.
Register, February, 1986, No. 362, eff. 3-1-86; am. (2) (a) 4., (2) (b), 2. intro. and a. to d. and (3), renum. (2) (c) 6. and 7. to be (2) (c) 9. and 10., cr. (2) (a) 4.a. to c., (2) (a) 6., (2) (b) 2. f. and (2) (c) 6. to 8., r. and recr. (2) (b) 2. c.,
Register, September, 1986, No. 369, eff. 10-1-86; am. (2) (c) 9. a.,
Register, August, 1993, No. 452, eff. 9-1-93; corrections in (2) (c) 6. a., 9. a. and c. made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2006 No. 609;
CR 16-076: r. (1), rn. (2) (c) 9. (intro.) to (2) (c) 9. and am., r. (2) (c) 9. a. to c. Register January 2018 No. 745, eff. 2-1-18. Tax 13.08(6)
(6)
Mining-related costs. Municipalities may seek approval from the board for mining-related projects. Applications seeking expenditure approval shall contain:
Tax 13.08(6)(c)
(c) Documentation that the proposal is well reasoned, cost effective, and will accomplish its purpose.
Tax 13.08(8)
(8) Other allowable expenditures. Discretionary grants and other funds disbursed by the board may be applied toward a variety of uses as they relate directly to a mining impact project. In general, costs for the compensation of personal services, costs of materials and supplies, travel, and other administrative costs are allowable. All expenditures shall comply with state and local laws, rules, and policies. Costs which shall not be allowed include:
Tax 13.08(8)(a)
(a) Costs incurred prior to, and after, the effective date of a discretionary grant period.
Tax 13.08(8)(b)
(b) Costs of social activities, ceremonies, amusements, and other entertainment.
Tax 13.08(8)(c)
(c) Costs incurred for lobbying members of the legislature or other legislative activities.
Tax 13.08(8)(d)
(d) Costs incurred which are not directly related to the eligible funding activities listed in this chapter.
Tax 13.08(9)
(9) Mining-related purposes. Except for any first dollar payments to a city, village, town, or Native American community, all funds distributed to a municipality by the board shall be used for mining-related purposes, in accordance with s.
70.375 (1) (bm), Stats.
Tax 13.08 History
History: Cr.
Register, November, 1982, No. 323, eff. 12-1-82; r. and recr.
Register, February, 1986, No. 362, eff. 3-1-86; am. (1) (intro.), renum. (2) and (3) to be (7) and (8) and am., r. (4) and (5), cr. (2) to (6),
Register, September, 1986, No. 369, eff. 10-1-86; emerg. am. (2) (intro.), (f) and (7) (a), eff. 2-14-92; emerg. am. (2) (intro.) (c), (f), (3) (a), (4) (a) and (7) (a), renum. (3) (j) to be (3) (k), cr. (3) (j), eff. 5-17-93; am. (1) (intro.), (2) (intro.) (c), (f), (3) (a), (4) (a), (7) (a) and (b), renum. (1) 11. to be (1) (k), renum. (3) (j) to be (3) (k), cr. (1) (L), (3) (j) and (9),
Register, August, 1993, No. 452, eff. 9-1-93; corrections in (1) (h), (L), and (2) (intro.) made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2006 No. 609;
CR 16-076: r. (1) to (5), am. (6) (intro.), r. (7) Register January 2018 No. 745, eff. 2-1-18. Tax 13.09(1)
(1) All funds received from the board shall be placed in a segregated account. The board may require financial audits of the recipients of payments under s.
70.395 (2) (d) through
(g), Stats. The financial audit may be conducted as part of a municipality's annual audit, if one is conducted. The costs of the audits shall be paid by the board from the appropriation under s.
20.566 (7) (g), Stats. The audits shall consist of 3 parts:
Tax 13.09(1)(a)
(a) An examination of the municipality's financial statements to assess the fairness with which they were reported;
Tax 13.09(1)(b)
(b) An evaluation of the expenditures to ensure that the grant funds were used for mining impact activities and complied with the grant contract and state laws and rules; and
Tax 13.09(1)(c)
(c) A review of the municipality's internal accounting system to determine whether the grant was carefully managed, and where needed, provide suggestions to improve in-house procedures.
Tax 13.09(2)
(2) The board shall attempt to insure that all grant recipients are audited periodically. In determining whether a grant recipient is to be audited in a particular year, the board shall give priority to:
Tax 13.09(2)(a)
(a) Grant recipients whose expenditure reports indicate that a financial accounting, compliance, or management problem exists.
Tax 13.09(2)(b)
(b) Grant recipients who have received grants of $25,000 or more for a given project or for a given year.
Tax 13.09(2)(c)
(c) Any other circumstances which might indicate that an audit would be in the public interest.
Tax 13.09 History
History: Cr.
Register, November, 1982, No. 323, eff. 12-1-82; r. and recr.
Register, February, 1986, No. 362, eff. 3-1-86; r. (3),
Register,, September, 1986, No. 369, eff. 10-1-86; correction in (1) (intro.)made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2006 No. 609.
Tax 13.10
Tax 13.10 Fiscal guidelines. All funds disbursed under this chapter shall be governed by the following provisions:
Tax 13.10(1)
(1) Segregated accounts. All funds disbursed by the board shall be placed by the recipient government in a separate account and the use of funds clearly and directly identified by the accounting procedures listed in
s. Tax 13.11.
Tax 13.10(2)
(2) Investments. Funds may be invested by recipient governments where the investment of revenue is permitted under state and local law. Interest earned on investments shall be credited to the recipient's segregated mining impact account and is subject to the same limitations which govern the accounting and expenditure of funds in this chapter. Funds may be invested separately or, for investment purposes, pooled with other cash of the jurisdiction. Where a governmental unit operates a pooled-cash investment program, it shall have an equitable procedure for allocating the interest earned on the total portfolio among all funds from which the cash was pooled.
Tax 13.10(3)
(3) Loans. The recipient municipality may not loan funds to other activities, programs, or projects.
Tax 13.10(4)
(4) Indirect or administrative costs. All administrative costs shall be accounted for in sufficient detail to document the expenditures. No flat percentage rates or indirect cost rates shall be used.
Tax 13.10(5)
(5) Travel expenses. Funds may be used to cover reasonable and necessary travel expenses pertaining to mining-related activities. Fund recipients may not claim or authorize rates which exceed the rates allowed by the state of Wisconsin, department of administration. All travel expense rates used by a fund recipient shall be consistent with travel expense rates paid for other activities of the recipient government. If the recipient chooses to pay travel expenses which are higher than state rates, that municipality shall pay the additional cost. Only reasonable and necessary travel expenses shall be claimed.
Tax 13.10 Note
Note: Travel rates allowed by the Wisconsin department of administration are available upon request from the board.
Tax 13.10(6)
(6) Meeting rates. Fund recipients may claim or authorize costs up to $20 per person for attending mining-related meetings. All meeting rates claimed by the fund recipient shall be consistent with the meeting rate paid for other activities of that municipality. If the recipient chooses to pay a meeting rate higher than $20 per person, that municipality shall pay the additional cost.
Tax 13.10(7)
(7) Legal fees. Fund recipients may claim reimbursement for legal counsel for mining-related purposes, pursuant to s.
70.395 (2) (hw), Stats. Recipients which use funds to pay their own attorney shall use the hourly rate which is consistent with other work the attorney does for that recipient.
