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NR 191.41   Applicability.
NR 191.42   Definitions.
NR 191.43   Eligible sponsors.
NR 191.44   Eligible and ineligible projects.
NR 191.45   Plan recommendation approval procedures and applications.
NR 191.46   Grant awards.
Ch. NR 191 Note Note: Chapter NR 191 as it existed May 31, 2003 was repealed and a new chapter NR 191 was created, Register May 2003 No. 569, effective June 1, 2003.
subch. I of ch. NR 191 Subchapter I — General Provisions
NR 191.01 NR 191.01Purpose. The purpose of this chapter is to establish procedures for implementing a lake management and classification grant program as provided for in s. 281.69, Stats. Grants made under this program will assist management units in conducting activities that will protect or improve the quality of water in lakes, the natural ecosystem of lakes or the uses of lakes.
NR 191.01 History History: CR 02-122: cr. Register May 2003 No. 569, eff. 6-1-03.
NR 191.02 NR 191.02Applicability. This chapter applies to all counties, cities, towns, villages, federally recognized Indian tribes, qualified lake associations as defined in s. 281.68 (1), Stats., that charge an annual membership fee of not less than $5 and not more than $50, town sanitary districts, other local governmental units as defined in s. 66.0131 (1) (a), Stats., which are established for the purpose of lake management, public inland lake protection and rehabilitation districts and qualified nonprofit conservation organizations, as defined in s. 23.0955 (1), Stats., which are applying for financial assistance under s. 281.69, Stats., for a classification or protection project for a public inland lake.
NR 191.02 Note Note: Under s. 281.68 (3m), Stats., to be a qualified lake association, an association shall do all of the following:
NR 191.02 Note1. Demonstrate that it is incorporated under ch. 181, Stats.
NR 191.02 Note 2. Specify 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 inland lakes for the benefit of the general public.
NR 191.02 Note 3. Demonstrate that the substantial purpose of its past actions was to support the protection or improvement of one or more inland lakes for the benefit of the general public.
NR 191.02 Note 4. Allow to be a member any individual who for at least one month of the year resides on or within one mile of an inland lake for which the association was incorporated.
NR 191.02 Note 5. Allow to be a member any individual who owns real estate on or within one mile of an inland lake for which the association was incorporated.
NR 191.02 Note 6. Not have articles of incorporation or bylaws which limit or deny the right of any member or any class of members to vote as permitted under s. 181.0721 (1), Stats.
NR 191.02 Note 7. Demonstrate that is has been in existence for at least one year.
NR 191.02 Note 8. Demonstrate that is has at least 25 members.
NR 191.02 Note 9. Require payment of an annual membership fee as set by the department by rule under par. (b).
NR 191.02 Note (b) For the purposes of par. (a) 9., the department shall set by rule the maximum amount and the minimum amount that may be charged as an annual membership fee.
NR 191.02 History History: CR 02-122: cr. Register May 2003 No. 569, eff. 6-1-03.
NR 191.03 NR 191.03Definitions. In this chapter:
NR 191.03(1) (1) “Department" means the Wisconsin department of natural resources.
NR 191.03(2) (2) “Grant agreement" means a contract between the sponsor and the department detailing how grants under this chapter will be managed.
NR 191.03(3) (3) “Local share" means that portion of the cost of the project other than state funds administered by the department.
NR 191.03(4) (4) “Management unit" means a county, town, village, city, federally recognized Indian tribe, public inland lake protection and rehabilitation district, nonprofit conservation organization, qualified lake association as defined in s. 281.68 (1), Stats., or town sanitary district, and other local governmental units as defined in s. 66.0131 (1) (a), Stats., that are established for the purpose of lake management.
NR 191.03(5) (5) “Nonprofit conservation organization" has the meaning in s. 23.0955 (1), Stats., and whose bylaws, charter or incorporation papers reflect as a purpose of the organization the acquisition of property for conservation purposes.
NR 191.03(6) (6) “Project priority list" means a ranking by the department of eligible lake protection or classification projects in the order of their scheduled receipt of funds.
NR 191.03(7) (7) “Protection project" or “project" means a specific activity or set of activities requested for grant funding to provide for protection or improvement of the quality of water in public inland lakes or their natural ecosystems, their shorelands, or their watershed areas that have, or could have, an effect on the quality of lakes or natural ecosystems, or public or private use activities on the lakes that will benefit the quality of water in public inland lakes or the natural lake ecosystems.
NR 191.03(8) (8) “Public inland lake" or “lake" means a lake, reservoir or flowage, or millpond, or portion thereof, within the boundaries of the state that is presently accessible to the public by contiguous public lands or easements giving public access.
NR 191.03 Note Note: Publ–FM–800 Wisconsin Lakes includes a listing of most public inland lakes in the state. The most current revision is available from the Department of Natural Resources, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 or at (608) 267-7498.
NR 191.03(9) (9) “Sponsor" means the management unit that is applying for and receiving a grant under s. 281.69, Stats., and this chapter.
NR 191.03 History History: CR 02-122: cr. Register May 2003 No. 569, eff. 6-1-03.
NR 191.04 NR 191.04Sponsor accountability.
NR 191.04(1) (1) Accounting for all project funds shall be in conformance with generally accepted accounting principles and practices, and shall be recorded by the sponsor in a separate account. Supporting records of grant expenditures shall be maintained in sufficient detail to show that grant funds were used for the purpose for which the grant was made. All financial records, including invoices and canceled checks or bank statements, that support all project costs claimed by the sponsor shall be kept and made available for inspection for 3 years after final payment is issued by the department.
NR 191.04(2) (2) The sponsor shall submit to the department a claim for reimbursement on forms provided by the department at any time but not more than once every 3 months and not later than 6 months after the end of the grant period. The sponsor is eligible for reimbursement only for project costs incurred during the grant period stated in the grant agreement. All costs claimed for payment shall be documented and shall be consistent with the grant agreement relative to expenditures being made within the grant period, within the scope of work, and within estimated costs. Progress reports shall be submitted with each reimbursement request and a final report, suitable for use by the general public, is required for final payment.
NR 191.04(3) (3) The sponsor may request, for good cause, a grant agreement amendment for expenditures in excess of those identified as estimated costs in the grant agreement prior to the end of the grant period. The department has sole discretion in determining good cause when considering approval of the amendment request.
NR 191.04(4) (4) All of the sponsor's records pertaining to the project are subject to post audit. Post audits occur after final payment and payments made for reimbursement may be adjusted by the results of the post audit.
NR 191.04(5) (5) All requests for extensions of the grant period shall be made in writing prior to the end of the grant period.
NR 191.04(6) (6) All water tests, which require laboratory analysis and are part of the grant project, shall be analyzed by a laboratory that has been selected by the department.
NR 191.04(7) (7) All grants provided for funding a project that includes the acquisition of physical or chemical data may be conditioned to require the sponsor to implement a quality control and quality assurance plan approved by the department.
NR 191.04(8) (8) Data and information acquired as part of a lake protection project shall be reported to the department in a format specified by the department in the grant agreement.
NR 191.04(9) (9) If the department finds that the project has not been satisfactorily completed by the end of the grant period, the department may seek repayment of the state share or a portion of the state share previously distributed to the sponsor.
NR 191.04 History History: CR 02-122: cr. Register May 2003 No. 569, eff. 6-1-03.
NR 191.05 NR 191.05Applications and grant awards.
NR 191.05(1)(1) Applications shall be made on forms provided by the department. Applications shall be submitted to the region director for the region in which the project is located by May 1 of each year to be eligible for grant awards made that year.
NR 191.05 Note Note: Forms may be obtained free of charge by contacting the department at the following DNR region headquarters located at:
NR 191.05 Note 1. Southeast — 2300 N. Dr. Martin Luther King Jr. Dr., P.O. Box 12436,
Milwaukee 53212
NR 191.05 Note 2. South Central — 3911 Fish Hatchery Road, Fitchburg 53711
NR 191.05 Note 3. Northeast — 1125 N. Military Ave., P.O. Box 10448, Green Bay 54307
NR 191.05 Note 4. Northern/Rhinelander — 107 Sutliff Ave., Rhinelander 54501
NR 191.05 Note 5. Northern/Spooner — 810 W. Maple St., Spooner 54801
NR 191.05 Note 6. West Central — 1300 W. Clairemont Ave., P.O. Box 4001, Eau Claire 54702
NR 191.05(2) (2) The department shall review the application for completeness and may return the application with a request for more detailed information. The application is not considered complete until the additional information requested by the department has been received.
NR 191.05(3) (3) A complete application shall contain the following information:
NR 191.05(3)(a) (a) A clear description of the project's goals and objectives including a description of how the results of the project will protect or improve lake water quality or a lake's natural ecosystem.
NR 191.05(3)(b) (b) A complete description of the methods or design of the project.
NR 191.05(3)(c) (c) An estimated itemized budget for the full costs of the project including a statement of the sponsor's capacity for financing its completion.
NR 191.05(3)(d) (d) A general time line for project implementation and completion.
NR 191.05(3)(e) (e) A signed and dated resolution from the sponsor authorizing the application and identifying a representative to act on its behalf.
NR 191.05(3)(f) (f) Identification of any other groups or management units that will be involved, their roles and their level of support for the project.
NR 191.05(3)(g) (g) A description of the existing and proposed availability of public access to, and public use of, the lake or lakes including a map of the project lake identifying boat landings, public parks, platted access sites and road ends or rights of way providing public access to the water.
NR 191.05(3)(h) (h) A description of how the proposed project complements other lake management efforts and plans including local government comprehensive plans developed pursuant to s. 66.1001, Stats.
NR 191.05(3)(i) (i) Copies of all permits or pending permit docket numbers or permit applications necessary to complete the project.
NR 191.05(3)(j) (j) Other information as may be required by the department to evaluate the project.
NR 191.05 Note Note: Under s. 66.1001, Stats., beginning on January 1, 2010 local government unit projects requesting state grant assistance under this chapter shall be consistent with that local government unit's comprehensive plan.
NR 191.05(4) (4) All required application material in sub. (3) that is not included on a department-provided form shall be submitted in an electronic format specified by the department.
NR 191.05(5) (5) Upon review, the department shall indicate if the proposed project requires the preparation of an environmental impact report by the sponsor and an environmental analysis by the department. If an environmental analysis is required, the application is not considered complete until the environmental analysis has been completed, circulated for public comment, the period for public comment ended and has been determined to be in compliance with the Wisconsin environmental policy act.
NR 191.05(6) (6) The department shall make a determination of project eligibility within 45 days of receiving a complete application. The department may accept the application and include the project in the project priority list, or deny the request for funding based on consideration of eligibility.
NR 191.05(7) (7) The department shall state the basis for the determination of ineligibility in writing to the sponsor.
NR 191.05(8) (8) The department shall notify all applicants of the department's decision to award a grant by September 1 of each year for projects based upon the project priority list.
NR 191.05(9) (9) No grant may be awarded until all the required permits and approvals for the project have been obtained.
NR 191.05(10) (10) The department may terminate a grant awarded under this section for violation of any term or conditions of the grant agreement.
NR 191.05 History History: CR 02-122: cr. Register May 2003 No. 569, eff. 6-1-03; CR 08-063: am. (3) (g), renum. (4) to (9) to be (5) to (10), cr. (4) Register June 2009 No. 642, eff. 7-1-09; CR 13-022: am. (5) Register March 2014 No. 699, eff. 4-1-14.
NR 191.06 NR 191.06Grant payments.
NR 191.06(1) (1)Eligible costs. The department shall reimburse the sponsor for the costs identified in the grant agreement. Costs may include any of the following:
NR 191.06(1)(a) (a) Labor costs required to carry out activities identified in the grant agreement provided they are for new staff or increased hours of existing staff. Costs of additional staff positions or increased staff hours shall be based on management unit rates for the position including salary, fringe benefits and other items determined to be appropriate by the department.
NR 191.06(1)(b) (b) Direct costs for construction activities, professional service contracts, laboratory services, surveys, newsletters, brochures, mailings and similar items.
NR 191.06(1)(c) (c) The cost of necessary supplies and equipment used exclusively for project-related purposes over the useful life of the item or the cost of that portion of supplies or equipment used for the project.
NR 191.06(1)(d) (d) Plant, seed, mulch and erosion control materials. Rock rip rap for erosion control shall have prior approval from the department.
NR 191.06(1)(e) (e) The cost of leased equipment and facilities during the length of the project.
NR 191.06(1)(f) (f) Water quality or environmental monitoring cost as approved by the department.
NR 191.06(1)(g) (g) Other costs as provided within specific subchapters of this rule and determined by the department to be necessary to carry out an adequate project.
NR 191.06(1)(h) (h) The local share of the project cost may include the substantiated value of donated materials, equipment, services and labor as all or part of the local share subject to all of the following:
NR 191.06(1)(h)1. 1. All sources of local share donation shall be indicated when the application for a grant is submitted.
NR 191.06(1)(h)2. 2. The maximum value of donated, non–professional, labor shall be $12 per hour. For counties conducting projects requiring compliance with USDA Natural Resources Conservation Service standards, the donated labor rate established for that county by the Farm Service Agency may be used.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.