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NR 47.19 NR 47.19 Grant selection system. In selecting practices for grant assistance, the department shall give preference to practices which are directed to accomplish one or more of the following:
NR 47.19(1) (1)Provide protection of soil and water resources.
NR 47.19(2) (2)Include additional land under written forest stewardship management plans.
NR 47.19(3) (3)Provide riparian zone and wetlands protection.
NR 47.19(4) (4)Provide wildlife or fisheries habitat enhancement, or both.
NR 47.19(5) (5)Establish, maintain or renovate windbreaks or hedgerows.
NR 47.19(6) (6)Establish or reestablish forests through various methods of regeneration, including planting, direct seeding or natural regeneration.
NR 47.19(7) (7)Improve forest stand productivity, stand vigor, forest health, and the value and quality of wood products.
NR 47.19(8) (8)Provide forest recreation enhancement.
NR 47.19(9) (9)Provide endangered species habitat enhancement and natural community habitat maintenance and enhancement.
NR 47.19 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92; cr. (9), Register, May, 1994, No. 461, eff. 6-1-94.
NR 47.20 NR 47.20 Application and approval.
NR 47.20(1)(1)A landowner wishing to participate in the program shall apply at the FSA office for the county in which the land is located, on FSA forms.
NR 47.20(2) (2)The state forester shall make basic eligibility determinations, including whether the applicant meets nonindustrial private forest land ownership criteria and minimum and maximum acreage criteria, and the landowner shall be notified of the determination in writing.
NR 47.20(3) (3)The department shall review applications to determine practice eligibility, based on the following:
NR 47.20(3)(a) (a) Verification that the landowner has an approved landowner forest stewardship plan.
NR 47.20(3)(b) (b) The practice is needed and feasible.
NR 47.20(3)(c) (c) The practice is eligible under this subchapter.
NR 47.20(4) (4)Applications will be approved provided grant funds are available. Department approval of an application shall constitute an agreement by the state, United States and the landowner.
NR 47.20(5) (5)Upon approval of a practice, the department shall prepare a practice outline that identifies the needed technical practices, specifications, and approximate time frames for the implementation of the practice, to achieve the objectives of the practice. The outline shall be attached to and become part of the landowner forest stewardship plan and shall be effective for the duration of the practice. The requirements in the practice outline shall constitute the basis for determining acceptable performance upon practice completion.
NR 47.20(6) (6)Upon approval of a practice, the landowner shall be notified in writing by the FSA. The notice shall state that the landowner can begin implementing the approved practice.
NR 47.20 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92; am. (1) and (6), Register, May, 1999, No. 521, eff. 6-1-99.
NR 47.21 NR 47.21 Payment to landowners.
NR 47.21(1)(1)A landowner shall complete each practice within 18 months of approval. However, if a practice is not completed in 18 months due to conditions beyond the landowner's control, a 6 month extension period may be granted by the department.
NR 47.21(2) (2)Upon certification by the department that a practice has been completed in accordance with specifications, the grant payment shall be calculated by the department and disbursed to the landowner by the Kansas City Treasury, Regional Dispersing Office, P O Box 3329, Kansas City, KS 66103.
NR 47.21(3) (3)A practice may consist of one or more component activities. A landowner may receive partial payment for completed components on the condition that the landowner agrees to complete the remaining components of the practice within the time period specified by the department, not to exceed 18 months following approval to implement the practice, unless an extension is justified as provided in sub. (1).
NR 47.21 Note Note: For instance, one component of tree planting is site preparation; another component is the planting of the trees.
NR 47.21(4) (4)Where performance actually rendered does not meet the minimum specifications for the practice due to factors beyond the landowner's control, the department may approve grant payment under one of the following conditions:
NR 47.21(4)(a) (a) The landowner repeats applications of components previously implemented or establishes additional eligible components under terms and conditions the department approves to the extent that measures are needed to meet the objectives of the landowner forest stewardship plan; or
NR 47.21(4)(b) (b) The landowner establishes to the satisfaction of the department that:
NR 47.21(4)(b)1. 1. A reasonable effort was made to meet the minimum requirements; and
NR 47.21(4)(b)2. 2. The practice, as performed, adequately meets the objectives of the landowner forest stewardship plan.
NR 47.21(5) (5)Where the landowner has received grant assistance for site preparation and the establishment of trees has been unsuccessful due to factors beyond the landowner's control, the department shall require that trees be re-established and shall approve grant assistance for the activity.
NR 47.21(6) (6)The minimum length of time a landowner shall be required to maintain a practice is 10 years.
NR 47.21(7) (7)To be eligible to receive cost-share grants under the program, a landowner shall agree to maintain program practices for 10 years, unless otherwise specified by the forest service.
NR 47.21(8) (8)Prior to receiving approval to implement any program practice, eligible landowners shall have a department approved landowner forest stewardship plan. If a landowner sells, conveys, or otherwise loses control of lands upon which there is a continuing obligation to maintain a practice and the new landowner does not agree to assume the responsibility for maintaining the practice, the landowner who was originally obligated to maintain the practice shall be liable to reimburse the United States for grant payments on the practices. The state forester may discount the reimbursement owed the United States by the percentage of years during which the practice has been maintained. In the case of death or incompetency of any landowner, the state forester shall approve grant payments to the successor if the successor agrees to maintain the practice for the duration of the agreement.
NR 47.21(9) (9)Any landowner who may be entitled to any grant payment under this section may assign the right, in whole or in part, with the prior written approval of the department.
NR 47.21(10) (10)No grant payment owed to any landowner shall be subject to any claim arising under state law by any creditor, except agencies of the United States government.
NR 47.21 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92; am. (2), Register, May, 1994, No. 461, eff. 6-1-94.
NR 47.22 NR 47.22 Reconsideration. Any landowner, successor or assignee who is dissatisfied with any determination made under the program may request reconsideration by the state forester and, if the matter is still not resolved, by the regional forester. All requests for reconsideration shall be in writing and shall contain factual information explaining the basis for requesting reconsideration. All decisions upon reconsideration shall be issued in writing.
NR 47.22 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.
NR 47.23 NR 47.23 Enforcement.
NR 47.23(1)(1)If any landowner, successor or assignee uses any scheme or device to unjustly benefit from this program, the cost-share grants shall be withheld or a refund of all or part of any program payments otherwise due or paid that person shall be secured. A scheme or device includes, but is not limited to, coercion, fraud or misrepresentation, false claims, or any business dissolution, reorganization, revival or other legal mechanism designed for or having the effect of evading the requirements of this subchapter.
NR 47.23(2) (2)If any landowner or successor takes any action or fails to take action which results in the destruction or impairment of a prescribed practice for the duration of the practice, cost-share grants shall be withheld or a refund of all or part of any program payments otherwise due or paid shall be secured.
NR 47.23(3) (3)Nothing herein requiring the withholding or refunding of cost-share grants shall preclude any other penalty or liability otherwise imposed by law.
NR 47.23 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.
subch. IV of ch. NR 47 Subchapter IV — Small Business Administration Tree Planting Program
NR 47.30 NR 47.30 Purpose and scope.
NR 47.30(1)(1)The purpose of this subchapter is to implement and administer the United States small business administration's natural resources development program as established under ch. 24 of the small business administration act of 1990 (15 USC 651) and regulated under 13 CFR parts 121 and 125.
NR 47.30(2) (2)The purpose of the natural resources development program is to provide grants to states for the purpose of units of government contracting with small businesses to plant trees on publicly owned or controlled property.
NR 47.30 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.
NR 47.31 NR 47.31 Applicability. The provisions of this chapter are applicable to all villages, cities, towns, counties of the state, and state agencies applying for grants under this subchapter.
NR 47.31 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.
NR 47.32 NR 47.32 Definitions. In this subchapter:
NR 47.32(1) (1)“Applicant" means the municipal government, county government or state agency applying for a grant under this subchapter.
NR 47.32(2) (2)“County government" means a Wisconsin county government or agency.
NR 47.32(3) (3)“District" means one of the 6 district field administrative offices of the department.
NR 47.32(4) (4)“Grantee" means the recipient of a grant under this subchapter.
NR 47.32(5) (5)“Indirect costs" are those costs not directly assignable to a grant, program or project. Such costs are generally administrative in nature, are incurred for a common or joint purpose or are not readily assignable to a project or program.
NR 47.32(6) (6)“Municipal government" means a Wisconsin village, city or town government or agency.
NR 47.32(7) (7)“Planting" means to set trees in the ground for growth and includes watering, application of fertilizer, herbicides, pruning and shaping and other subsequent care and maintenance for a period of 3 years after the trees are set in the ground.
NR 47.32(8) (8)“Program" means the SBA natural resources development program established under ch. 24 of the small business administration act of 1990 and regulated under 13 CFR parts 121 and 125.
NR 47.32(9) (9)“Project agreement" means a contract between the grantee and department setting forth the mutual obligations with regard to a portion or all of a specific project.
NR 47.32(10) (10)“Project period" means the period of time specified in the agreement during which all work shall be accomplished.
NR 47.32(11) (11)“SBA" means United States small business administration.
NR 47.32(12) (12)“Small business" means any business together with its affiliates having 100 employees or less and meeting the other regulatory requirements in 13 CFR part 121.
NR 47.32 Note Note: The term “affiliates" is defined in 13 CFR part 121.401. Rules for determining “number of employees" are in 13 CFR part 121.407.
NR 47.32(13) (13)“State agency" has the same meaning as a department as defined in s. 15.01 (5), Stats., or an independent agency as defined in s. 15.01 (9), Stats.
NR 47.32(14) (14)“Tree" means any species which is traditionally considered to be classified as a tree. “Tree" does not include shrubs.
NR 47.32 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.
NR 47.33 NR 47.33 Allocation of funds.
NR 47.33(1)(1)SBA tree planting funds apportioned to Wisconsin each fiscal year shall be allocated on a pro rata basis to municipal governments, county governments and state agencies based on the ratio of the number of eligible project applications from each group divided by the total number of eligible projects.
NR 47.33(2) (2)Funds allocated to municipal governments, county governments or state agencies but not encumbered shall be reallocated to governments with outstanding grant applications in the following order:
NR 47.33(2)(a) (a) Municipal governments;
NR 47.33(2)(b) (b) County governments;
NR 47.33(2)(c) (c) State agencies.
NR 47.33 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.
NR 47.34 NR 47.34 Application procedures.
NR 47.34(1)(1)An eligible applicant, described under s. NR 47.36 (1) may apply for a grant under this subchapter for the purposes specified under s. NR 47.36 (2).
NR 47.34(2) (2)Applicants shall submit applications on the prescribed department forms to the district office for the district where the applicant is located. The application shall indicate that:
NR 47.34(2)(a) (a) Trees shall be planted on publicly owned or controlled property;
NR 47.34(2)(b) (b) All tree planting under the project shall be conducted by small business contractors; and
NR 47.34(2)(c) (c) Purchased trees and supplies shall be purchased from small businesses.
NR 47.34(3) (3)The grant proposal shall to the extent possible divide the project to allow more than one small business concern to perform work under the project and promote increased employment in local communities.
NR 47.34(4) (4)Applications shall be received by the department district office no later than close of business on March 1 unless otherwise provided on the application.
NR 47.34(5) (5)The department shall evaluate completed applications and make preliminary determinations as to which applicants may receive grants.
NR 47.34(6) (6)The department shall submit its preliminary determinations to the SBA for review.
NR 47.34(7) (7)The department may not award grants before receiving SBA approval.
NR 47.34(8) (8)Successful applicants shall be notified by the department and sent a project agreement. Work under the project agreement may not proceed until the agreement is signed by the department and the applicant.
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.