Chapter NR 47

NR 47.92(4)(c)4. 4. Own, lease, or rent and operate in-woods timber harvesting equipment.

NR 47.92(4)(d) (d) The application fee for individuals seeking to become a Wisconsin certified master logger shall be established on July 1 of each year by the Master Logger Advisory Board. The application fee shall include the cost of all of the following:

NR 47.92(4)(d)1. 1. Audit process, including time and expenses.

NR 47.92(4)(d)2. 2. Training directly related to the audit process.

NR 47.92(4)(d)3. 3. Record keeping and administrative costs directly associated with MLC©.

NR 47.92(4)(d)4. 4. Information outreach on MLC© to prospective applicants and owners of Wisconsin woodlands.

NR 47.92(4)(e) (e) Scholarships shall be applied as a credit to the eligible individual’s application fee.

NR 47.92(4)(f) (f) WPLA shall submit a listing of eligible scholarship applicants to the department quarterly based on the state fiscal year.

NR 47.92(4)(g) (g) The department shall provide payment to the Wisconsin master logger certification program for scholarships as provided in par. (e) and sub. (6) (a) quarterly, based on the state fiscal year.

NR 47.92(4)(j) (j) An individual may not receive a logging certification scholarship more than once every 2 years for initial Master Logger certification.

NR 47.92(5) (5) General provisions.

NR 47.92(5)(a) (a) The department shall maintain a liaison to the WPLA board of directors.

NR 47.92(5)(b) (b) WPLA shall deposit all scholarship funds received from the department into a segregated account.

NR 47.92(5)(c) (c) WPLA, in conjunction with the Master Loggers Advisory Board and American Loggers Council, shall develop, retain, and may revise the standards of the Wisconsin master logger certification program.

NR 47.92(6) (6) Funding rates and constraints.

NR 47.92(6)(a) (a) A scholarship shall be limited to no more than 50% of the cost of the application fee for receiving, and maintaining, Wisconsin master logger certification.

NR 47.92(6)(b) (b) The remaining application fee costs may be derived from other grants or scholarship programs.

NR 47.92(6)(c) (c) If the total amount of scholarships awarded under this section exceeds the funds available in any one quarter, the scholarships shall be prorated.

NR 47.92(6)(d) (d) Funding through this program may not be applied to applications for Wisconsin master logger certification that have been reviewed and audited prior to June 1, 2006.

NR 47.92(7) (7) Accountability and audit procedures.

NR 47.92(7)(a) (a) Wisconsin master logger certification scholarship funds shall be applied only to the costs stipulated in sub. (4) (d) and for the purpose in sub. (1).

NR 47.92(7)(b) (b) Any unused scholarship funds shall be applied towards future scholarship applicants.

NR 47.92(7)(c) (c) Scholarship funds not applied to eligible costs included in application fees, or subject to gross abuse or corrupt practices in the administration of the scholarship program through WPLA as determined by the department, shall be returned to the department.

NR 47.92(7)(d) (d) WPLA shall retain financial records, including all documentation to substantiate that scholarship funds were applied towards fees of individuals applying for Wisconsin master logger certification, for a minimum of 3 years from the date of award.

NR 47.92(8) (8) Termination.

NR 47.92(8)(a) (a) The department and WPLA may enter into an agreement to terminate the scholarship program at any time.

NR 47.92(8)(b) (b) The agreement shall establish the effective date of termination, the basis for settlement of scholarship termination costs, and the amount of any sums due to either party.

NR 47.92(8)(c) (c) Scholarships may not be awarded if funding has not been appropriated by the legislature for this purpose

NR 47.92 History History: Emerg. cr. eff. 11-15-05; CR 05-106: cr. Register May 2006 No. 605, eff. 6-1-06.

subch. XII of ch. NR 47 Subchapter XII — Urban Forestry Catastrophic Storm Grant Program

NR 47.950 NR 47.950 Purpose. The purpose of this subchapter is to establish criteria and procedures for awarding grants to local governments, tribes and not-for-profit organizations for the repair of catastrophic storm damage to urban forests as provided in s. 23.097 (1r), Stats.

NR 47.950 History History: CR 08-062: cr. Register May 2009 No. 641, eff. 6-1-09.

NR 47.951 NR 47.951 Applicability. This subchapter applies to all Wisconsin counties, cities, villages, towns, tribal governments and not-for-profit organizations applying for grants under this subchapter.

NR 47.951 History History: CR 08-062: cr. Register May 2009 No. 641, eff. 6-1-09.

NR 47.952 NR 47.952 Definitions. In this subchapter:

NR 47.952(1) (1) “Applicant” means a Wisconsin town, village, city, county, tribal government or not-for-profit organization.

NR 47.952(2) (2) “Catastrophic storm event” means snow, ice, hail, wind or tornado of sufficient ferocity to cause damage to urban forests and for which the governor declares a state of emergency under s. 323.10, Stats. Catastrophic storm event does not include forest fires, drought, insect infestations or disease, or water saturation due to flooding.

NR 47.952(3) (3) “Concentrated development” means an area with an aggregate population of at least 100 persons per square mile as calculated by the Wisconsin department of administration.

NR 47.952(4) (4) “Department” means the department of natural resources.

NR 47.952(5) (5) “Grant agreement” means a legal contract between the applicant and the department that sets forth mutual obligations related to a specific urban forestry project.

NR 47.952(6) (6) “Grant period” means the period of time specified in the grant agreement during which all work shall be completed.

NR 47.952(7) (7) “Marshalling yard” means a location in which storm-related tree debris is collected, held or processed for future use.

NR 47.952(8) (8) “Not-for-profit organization” means an organization that is certified by the internal revenue service as meeting the requirements of section 501(c)(3) of the internal revenue code and has registered with the department of financial institutions.

NR 47.952(9) (9) “Urban forest” means trees in cities, villages and other concentrated development.

NR 47.952 History History: CR 08-062: cr. Register May 2009 No. 641, eff. 6-1-09; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register May 2010 No. 653.

NR 47.953 NR 47.953 Eligibility. Applicant eligibility is determined by the following:

NR 47.953(1) (1) A catastrophic storm event has occurred for which the governor has declared a state of emergency.

NR 47.953(2) (2) The applicant is applying on behalf of the community that sustained damage as a result of the catastrophic storm event.

NR 47.953(3) (3) The party applying for assistance must be an applicant as defined in s. NR 47.952 (1).

NR 47.953(4) (4) Two or more eligible applicants may enter into a cooperative agreement to jointly apply for funds under this subchapter, with one applicant designated as the fiscal agent on behalf of all applicants to administer the grant agreement on behalf of all cooperating members.

NR 47.953 History History: CR 08-062: cr. Register May 2009 No. 641, eff. 6-1-09.

NR 47.954 NR 47.954 Application procedures.

NR 47.954(1) (1) An eligible applicant may apply for a grant under this subchapter for the purpose specified under s. NR 47.950.

NR 47.954(2) (2) Eligible applicants shall request grant funding on the application forms provided by the department. The application shall include a resolution of the applicant’s governing body that authorizes its representative to file the grant application, serve as the contact for purposes of a grant under this subchapter, and submit reimbursement claims.

NR 47.954 Note Note: Application materials are available upon request from the Department of Natural Resources, Division of Forestry, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [e-mail]. Completed forms and supporting documentation shall be mailed to the same address. Application materials may also be obtained from the Wisconsin Department of Natural Resources webpage at: http://dnr.wi.gov/topic/UrbanForests/grants/index.html.

NR 47.954(3) (3) An eligible applicant shall submit an application that is postmarked no later than 60 days from the date of the governor’s declaration of emergency for the catastrophic storm event for which funds are sought.

NR 47.954(4) (4) The department may request additional or missing grant application information in writing or by other means. Applicants shall submit additional or missing information to the department within 30 days of the date of the request. Failure of applicants to provide the requested information by the deadline will result in the department returning the incomplete application to the applicant.

NR 47.954(5) (5) The department shall evaluate all complete applications submitted using the criteria identified in s. NR 47.956.

NR 47.954(6) (6) The department shall notify both eligible and ineligible applicants in writing of the status of their grant application within 60 days from the date the application is deemed complete.

NR 47.954(7) (7) The department shall award grants in accordance with s. NR 47.957.

NR 47.954(8) (8) If an eligible applicant submits an application but all program funds have been expended during a fiscal year, the department shall hold the application for reconsideration when additional funds become available. The department shall notify the applicant in writing of the reason for the delay and the opportunity for reconsideration of the application when additional funds become available.

NR 47.954 History History: CR 08-062: cr. Register May 2009 No. 641, eff. 6-1-09.

NR 47.955 NR 47.955 Eligible and ineligible costs.

NR 47.955(1) (1) Eligible costs. Under this subchapter, the applicant’s cost of removing, repairing, and replacing trees in an urban forest that have been damaged by a catastrophic storm event shall be eligible for reimbursement so long as those costs are not otherwise reimbursed by federal disaster assistance or other funding sources. To be eligible for reimbursement, the applicant shall have incurred eligible costs within a 365-day period beginning on the date on which the governor makes the declaration of emergency. Eligible costs includes:

NR 47.955(1)(a) (a) Rented, leased or applicant supplied equipment and facilities.

NR 47.955(1)(b) (b) Purchased equipment. For equipment whose useful life is one year or less, the full purchase price is an eligible cost. For equipment whose useful life is greater than one year, eligible cost is equal to one year’s useful life as determined by dividing the purchase price by the number of years of useful life of the equipment. Useful life of equipment shall be determined by the department. Regardless of the useful life, equipment costing more than $5,000 per unit is not eligible for reimbursement.

NR 47.955(1)(c) (c) Salaries and fringe benefits associated with applicant personnel engaged in removing, repairing and replacing storm-damaged trees.

NR 47.955(1)(d) (d) Contractor and consultant service agreements to remove, repair and replace storm-damaged trees.

NR 47.955(1)(e) (e) Marshalling yards and their operation.

NR 47.955(1)(f) (f) Tree removal, stump grinding, cleaning and filling holes left by tree removal, tree repair, replacement tree purchase and planting, soil amendment and mulching, and tree guards and other protective devices for new tree establishment.

NR 47.955(1)(g) (g) Disposal of wood and brush from tree removal and repair.

NR 47.955(1)(h) (h) Processing wood and brush for other uses from tree removal and repair.

NR 47.955(1)(i) (i) Applicant personnel mileage.

NR 47.955(1)(j) (j) Necessary supplies. Supplies may include but are not limited to maps, fuel, computer software or devices for storm damage assessment and response, photocopies, photography, postage and other supply costs determined by the department to be reimbursable. Supplies do not include rent, personal computers, office printers or capital expenditures.

NR 47.955(2) (2) Cost containment. Applicants shall control costs using the following methods. Failure by the applicant to demonstrate cost containment efforts at the time of reimbursement request may result in refusal by the department to issue reimbursement payments. Cost containment methods include the following:

NR 47.955(2)(a) (a) Heavy equipment costs shall be calculated on an hourly or mileage rate, not to exceed the hourly or mileage rates established by the Wisconsin department of transportation for highway equipment.

NR 47.955 Note Note: The county highway rates for equipment are formulated under s. 84.07, Stats., and can be found in chapter 5 of the State Highway Maintenance Manual published by the Wisconsin Department of Transportation, 4822 Madison Yards Way, PO Box 7910, Madison, WI 53707.

NR 47.955(2)(b) (b) Applicants shall implement cost-effective best management practices. All tree care operations shall meet standards established in all parts of the most current editions of ANSI A300 American National Standard for Tree Care Operations — Standard Practices and ANSI Z133.1 American National Standard for Arboricultural Operations — Safety Requirements.

NR 47.955 Note Note: The ANSI standards are available at www.isa-arbor.com International Society of Arboriculture, PO Box 3129, Champaign, IL 61826.

NR 47.955(2)(c) (c) Costs for removing, repairing, replacing or planting trees may not exceed local market rates.

NR 47.955(2)(d) (d) All applicants receiving a grant under this subchapter shall comply with the state procurement law under ss. 59.52, 60.47, 62.15, 66.0131 and 66.0901, Stats.

NR 47.955 Note Note: So that applicants may better comply with state procurement and cost-containment requirements, the department makes available the document titled Procurement Guide for Local Governments Receiving Grants. This document is available from the department upon request by writing to: Department of Natural Resources, Division of Forestry, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [e-mail], or on-line at: http://dnr.wi.gov/aid/documents/procurementguide.pdf.

NR 47.955(3) (3) Ineligible costs. The department may not reimburse costs not directly associated with the implementation of this subchapter. Those costs include, but are not limited to the following:

NR 47.955(3)(a) (a) Costs incurred before or more than 365 days after a governor’s declared state of emergency for the applicant’s area.

NR 47.955(3)(b) (b) Costs for the repair of structures, vehicles, fences, sidewalks or other objects damaged by damaged trees or their parts.

NR 47.955(3)(c) (c) Legal or settlement costs due to storm-related litigation.

NR 47.955(3)(d) (d) Costs of routine urban forest management to trees unaffected by the storm.

NR 47.955(3)(e) (e) Fines and penalties due to violations of, or failure to comply with, federal, state or local laws or regulations.

NR 47.955(3)(f) (f) Ordinary applicant operating expenses, also called indirect costs, such as salaries and expenses of elected officials that are not directly related to urban forestry management.