NR 65.14(6) (6) The department shall notify all grantees of application status and likely amount of grant award. If a project as described in the grant application is found to be ineligible, the department shall state in writing the basis for its non-eligibility determination to the grantee.

NR 65.14 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806.

NR 65.15 NR 65.15 Eligible and ineligible costs.

NR 65.15(1) (1) Eligible costs. The department shall reimburse eligible project costs at the cost-share percentage up to the maximum allowable grant amount. Those costs shall be reasonable and necessary for the project, documented, consistent with the approved application that is part of the grant agreement, and incurred during the grant period. Eligible costs include all of the following:

NR 65.15(1)(a) (a) Costs related to maintenance. Maintenance expenses paid under s. NR 65.11 (1) (a) shall be paid on a per mile rate established by the department, in consultation with the off-highway motorcycle council, based on available funds.

NR 65.15(1)(b) (b) Major rehabilitation and development projects, which may include:

NR 65.15(1)(b)1. 1. 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 grantee’s established labor rates identified in the grant application budget for staff time in the form of salary, hourly wages, fringe benefits and other items determined to be appropriate by the department. Fringe benefits must be equitably distributed to all employee labor activities.

NR 65.15(1)(b)2. 2. Services and materials directly related to the implementation of the off-highway motorcycle facility or trail project.

NR 65.15(1)(b)3. 3. Equipment used by the grantee at an hourly rate determined by the Wisconsin Department of Transportation’s Classified Equipment Rates Standard and Special Rated Units for highway equipment as formulated under s. 84.07, Stats.

NR 65.15(1)(c) (c) Acquisition costs.

NR 65.15 Note Note: For assistance in determining the fair market value, see the department’s appraisal guidelines which are available from the Department of Natural Resources, Bureau of Community Financial Assistance, P.O. Box 7921, Madison, Wisconsin 53707.

NR 65.15(2) (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 all of the following:

NR 65.15(2)(a) (a) Fines and penalties due to violation of, or failure to comply with, federal, state, or local laws and regulations.

NR 65.15(2)(b) (b) Ordinary operation expenses of grantees, such as salaries and expenses of public officials, that are not directly related to the project.

NR 65.15(2)(c) (c) Purchase of motor vehicles and equipment.

NR 65.15 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20; correction in (2) (intro.) made under s. 35.17, Stats., Register July 2020 No. 775.

NR 65.16 NR 65.16 Public access. Any off-highway motorcycle facility funded under this chapter shall be open to off-highway motorcycle users during the facility’s normal operating hours except for special events and temporary closures.

NR 65.16 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20.

NR 65.17 NR 65.17 Priorities and funding consideration.

NR 65.17(1) (1) Priorities. The department shall prepare an award list following review of applications submitted for each application cycle. The award list shall include all eligible applications ranked by project score, indicating those projects that will receive grant funding.

NR 65.17(2) (2) Funding consideration. The department shall review all grant applications for applicant and project eligibility and completeness. In consultation with the off-highway motorcycle council, each complete application shall be ranked by the department pursuant to the priorities established in s. NR 65.11 then ranked by score in descending order within each paragraph. The department shall issue grant awards to the highest-ranking project and then move down through the project priority list in each paragraph of s. NR 65.11 by priority order until all available funds are exhausted. The department may offer financial assistance to an applicant in an amount less than requested if the remaining balance is insufficient to fully fund a project. In the event 2 or more applications have an identical score and there are insufficient moneys to fund all, the department shall split available funding evenly among all similarly scored projects.

NR 65.17 Note Note: The department will use a variety of platforms to conduct outreach and notify potential applicants of funding priorities. Outreach efforts may include publication on the department’s grant website, email notification, social media announcements, and other platforms of communication.

NR 65.17 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20; correction in (2) made under s. 35.17, Stats., Register July 2020 No. 775.

NR 65.18 NR 65.18 Grant awards; general procedures. A grant amount may not exceed the cost-share percentage identified under s. NR 65.13 for estimated costs of the project as requested in the grant application and approved by the department. The department may award a grant under this chapter while the grantee is in the process of acquiring all required permits for the project. The grantee may not begin work on the permitted portion of a project funded under this chapter until all necessary local, state, and federal permits have been obtained.

NR 65.18 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20; renum. (1) to NR 65.18 under s. 13.92 (4) (b) 1., Stats., Register July 2020 No. 775.

NR 65.19 NR 65.19 Grant payments.

NR 65.19(1) (1) Except as provided for in sub. (2), grants awarded under this chapter are administered on a reimbursement basis. Grantees must incur and pay all costs before requesting a final reimbursement from the department.

NR 65.19(2) (2) At the written request of the grantee, the department may distribute to the grantee an advance grant payment, up to 50 percent of the grant award, but only after the grant agreement has been signed by the grantee’s authorized representative and has been returned to the department.

NR 65.19(3) (3) The department may only reimburse costs incurred within the grant period and identified in the grant agreement. An approved grant application becomes part of the grant agreement by reference. Total grant payments may not exceed the grant award amount identified in the grant agreement unless modified pursuant to s. NR 65.12 (3).