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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.
NR 47.34 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.
NR 47.35 NR 47.35 Grant calculation.
NR 47.35(1)(1)A grant under this subchapter shall be 50% of actual eligible costs except that no grant may exceed $15,000 or be less than $2000.
NR 47.35(2) (2)If insufficient monies are available to fully fund the grant request, the applicant shall be contacted for approval of funding the project with the available monies.
NR 47.35 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.
NR 47.36 NR 47.36 Eligibility.
NR 47.36(1)(1)Eligible applicants.
NR 47.36(1)(a)(a) Municipal governments, county governments and state agencies are eligible to apply for a grant under this subchapter.
NR 47.36(1)(b) (b) Tribal governments are not eligible to apply for grants under this subchapter.
NR 47.36(2) (2)Eligible projects. Projects for the purpose of contracting with small businesses to plant trees on publicly owned or controlled property are eligible.
NR 47.36(3) (3)Ineligible projects.
NR 47.36(3)(a) (a) Projects which do not use small businesses to plant all project trees are ineligible.
NR 47.36(3)(b) (b) Projects which use trees or supplies not procured from small businesses are ineligible except when trees are provided by the applicant's own nursery or when bids for trees or supplies are solicited, but not received from small businesses.
NR 47.36 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.
NR 47.37 NR 47.37 Eligible and ineligible costs.
NR 47.37(1)(1)Eligible project costs, reimbursable. Costs specified with contracts with small businesses for the purchase and planting of trees on publicly owned or controlled property are eligible for reimbursement.
NR 47.37(2) (2)Eligible project costs, non-reimbursable. The following costs are ineligible for reimbursement, but if reasonable are allowable for the 50% match for the project:
NR 47.37(2)(a) (a) Project administration costs;
NR 47.37(2)(b) (b) Indirect costs;
NR 47.37(2)(c) (c) Shipping fees;
NR 47.37(2)(d) (d) Costs of purchasing, planting or placing complementary ground covers;
NR 47.37(2)(e) (e) Value of in-kind or donated labor, supplies and equipment for maintaining planted trees for up to 3 years after planting;
NR 47.37 Note Note: Direct costs shall be supported by time sheets, vouchers or similar documentation reflecting specific assignment to the project. Actual fringe benefits may not exceed 34.6% of the direct labor costs claimed. Value of donated labor will be set by the department. Equipment rental rates or donated value shall not exceed the county equipment rates established annually by the department of transportation. To be fully eligible project costs under the grant, a capital purchase shall be used exclusively for project-related purposes over its useful life. Non-exclusive capital purchases may be charged as project costs only for that portion of depreciation equitably related to use in project activities.
NR 47.37(2)(f) (f) Value of trees provided from the grantee's own nursery; and
NR 47.37(2)(g) (g) The value of trees or supplies provided by suppliers that are not small businesses if bids are solicited, but not received from small businesses.
NR 47.37(3) (3)Ineligible costs.
NR 47.37(3)(a) (a) Costs not directly associated with or necessary for the implementation of the project as determined by the department are ineligible for grant funding. Ineligible costs include, but are not limited to:
NR 47.37(3)(a)1. 1. Fines and penalties due to violations of, or failure to comply with, federal, state or local laws or regulations;
NR 47.37(3)(a)2. 2. Ordinary operating expenses of local government applicants, such as salaries and expenses of a mayor or city council members, that are not directly related to the project;
NR 47.37(3)(a)3. 3. Costs for which payment has been or will be received under another federal or state financial assistance program;
NR 47.37(3)(a)4. 4. Costs incurred in a contract which creates a real or apparent conflict of interest. An apparent conflict of interest arises when an official or employee of a grantee participates in the selection, awarding or administration of a contract supported by this project and:
NR 47.37(3)(a)4.a. a. The official or employee, or his or her spouse or partner, has an ownership interest in the firm selected for the contract; or
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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.