NR 47.905 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98;
CR 01-146: cr. (2) (f) and (g)
Register May 2002 No. 557, eff. 6-1-02.
NR 47.906
NR 47.906 Eligible and ineligible costs. NR 47.906(1)(a)(a) Reasonable project costs which are necessary for and directly related to accomplishment of the approved project objectives and incurred during the project period are eligible for grant reimbursement.
NR 47.906(1)(b)
(b) Eligible costs are limited to actual costs incurred and paid by the grantee and do not include “in-kind" costs or the estimated value of donated labor, materials or equipment.
NR 47.906(2)(a)(a) Costs not directly associated with and necessary for accomplishment of the approved project objectives are not eligible for grant reimbursement.
NR 47.906(2)(b)
(b) Costs incurred before or after the project period are not reimbursable under the grant.
NR 47.906(2)(c)
(c) Costs for which payment has been or will be received under another federal or state financial assistance program are not reimbursable under the grant.
NR 47.906(2)(d)
(d) 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 47.906(2)(d)1.
1. The official or employee, or her or his spouse or partner, has an ownership interest in the firm selected for the contract; or
NR 47.906(2)(d)2.
2. An official or employee of a grantee receives a contract, gratuity or favor from the award of the contract.
NR 47.906 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
NR 47.907
NR 47.907 Grant selection process. In selecting grant application projects, the department shall give priority to the following factors which are listed in no particular order:
NR 47.907(1)
(1) Eligible fire departments serving areas within organized forest fire control areas established under ss.
NR 30.01 and
30.02.
NR 47.907(2)
(2) Fire departments that provide initial attack response to wildfires within their jurisdictions at no cost to the department.
NR 47.907(3)
(3) Fire departments with the majority of their members meeting NFPA 1051 standards for wildland fire fighter training.
NR 47.907 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
NR 47.908(1)(1)
Grant awards. Grants shall be awarded subject to execution of the department's grant agreement by both the department and the grant applicant.
NR 47.908(2)
(2)
Payment. Final payment shall be made upon approval of the completed project by the department's forest fire protection grant manager approval of the completed claim for reimbursement from the grantee. Interim payment may be requested by the grantee and approved by the department where a financial hardship would be imposed by waiting until the project had been completed.
NR 47.908 Note
Note: It is expected that interim payments would more often be made to fire suppression organizations who have large grants and limited capacity to pay vendor bills before they receive reimbursement from the department.
NR 47.908(3)
(3)
Final audit. All payments are contingent upon final audit. Financial records including all documentation to support entries in the accounting records shall be kept for review by department auditors for a period of 3 years after final payment.
NR 47.908 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98; correction in (2) made under s.
13.92 (4) (b) 6., Stats.,
Register January 2019 No. 757.
NR 47.910
NR 47.910 Purpose. The purpose of this subchapter
is to establish procedures for participation in the state cooperative gypsy moth suppression program consistent with ss.
26.30 (2),
(5) and
(6m) and
28.07, Stats., as an alternative to a control program under s.
26.30 (7) to
(10), Stats. The suppression program includes awarding and administering federal cost sharing funds to counties for the purpose of aerial insecticide treatment of gypsy moth outbreaks.
NR 47.910 History
History: Emerg. cr. eff. 11-10-00;
CR 00-177: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 04-137: am.
Register October 2005 No. 598, eff. 11-1-05.
NR 47.911(1)(1)
The provisions of this subchapter are applicable to all county governments applying for cost sharing under this subchapter
.
NR 47.911(2)
(2) The natural resources board may order that this subchapter is not applicable to all county governments that would otherwise be eligible for cost sharing under this subchapter. Such an order will remain in effect until the natural resources board rescinds that order.
NR 47.911 Note
Note: The natural resources board issued an order under this subsection on August 8, 2018.
NR 47.911 History
History: Emerg. cr. eff. 11-10-00;
CR 00-177: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 17-081: renum. NR 47.911 to (1), cr. (2)
Register July 2018 No. 751, eff. 8-1-18.
NR 47.912
NR 47.912 Definitions. In this subchapter:
NR 47.912(1)
(1) “Administrative cost" means eligible expenses associated with preparation of applications, notification of residents, collection of funds, maintenance of records and other activities dealing with the preparation and administration of the cost shared suppression program for gypsy moths.
NR 47.912(2)
(2) “Applicant" means a Wisconsin county that submits an application for inclusion in the state gypsy moth suppression program and cost sharing for the treatment of and associated administrative costs for suppression of gypsy moth outbreaks.
NR 47.912(3)
(3) “Application" means a department form, materials and maps for all areas being proposed for treatment and cost sharing in the state gypsy moth suppression program by an applicant.
NR 47.912(3m)
(3m) “County coordinator" means the person designated to represent and act on behalf of an applicant for the purpose of applying for cost sharing and executing an agreement binding his or her principal, either by duly adopted resolution or otherwise, as detailed under this subchapter.
NR 47.912(4)
(4) “Department" means the Wisconsin department of natural resources.
NR 47.912(5)
(5) “Forest service" means the U.S. department of agriculture, forest service.
NR 47.912(6)
(6) “Gypsy moth" means the foreign pest,
Lymantria dispar L.
NR 47.912 Note
Note: A new common name for Lymantria dispar, spongy moth, replaced the prior name of this insect, gypsy moth, in 2022. The department acknowledges this decision and will make the name change in future rule making.
NR 47.912(7)
(7) “High use recreational land" means land that is used primarily for recreation and where trees are at a similar density, stress level and individual value to those in residential areas. This category includes campgrounds, urban parks, playgrounds, picnic areas and golf courses.
NR 47.912(9)
(9) “Local cost share" means the portion of the cost of the project other than federal funds administered by the department.
NR 47.912(10)
(10) “Preferred hosts" means tree species listed as Class I and II in the Gypsy Moth Management in the United States: a cooperative approach, Environmental Impact Statement, Appendix G, Table 2-2. This document can be obtained from the USDA Forest Service, Northeastern Area State and Private Forestry, 1992 Folwell Ave., St. Paul, MN 55108.
NR 47.912(11)
(11) “Residential land" means land with an average of one or more residences per 5 acres.
NR 47.912(12)
(12) “Rural land" means land with an average of less than one residence per 5 acres.
NR 47.912(13)
(13) “Treatment" means aerial application of insecticide.
NR 47.912(14)
(14) “Treatment block" means an eligible area identified under this subchapter for aerial treatment with insecticide.
NR 47.912 History
History: Emerg. cr. eff. 11-10-00;
CR 00-177: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 04-137: am. (7), rn. (8) to be (3m) and am.
Register October 2005 No. 598, eff. 11-1-05.
NR 47.913(1)(a)
(a) Only counties may apply for participation in the state cost shared suppression program.
NR 47.913(1)(b)
(b) An applicant shall designate a county coordinator who shall administer requests for treatment from and for all residents of the county. Training shall be provided by the department. A
county coordinator, or his or her designee, shall complete all of the following tasks:
NR 47.913(1)(b)1.
1. Respond to requests for assistance from residents of the county.
NR 47.913(1)(b)2.
2. Determine if areas requested for treatment within a county are eligible for treatment.
NR 47.913(1)(b)4.
4. Complete and file applications with the department under this subchapter.
NR 47.913(1)(b)5.
5. Collect local cost share moneys for treatments and distribute federal reimbursement.
NR 47.913(1)(b)6.
6. Notify county residents of the availability of the suppression program and how to apply for treatment. Notification may be accomplished by a press release, a public meeting or other cost-effective means of alerting the public.
NR 47.913(1)(b)7.
7. Notify residents within eligible treatment blocks and surrounding areas determined by the applicant by publication of a class one legal notice under ch.
985, Stats., in a local newspaper at least 10 days before a deadline, a press release and a public meeting. The county coordinator, or his or her designee, shall conduct the public meeting.
NR 47.913(1)(b)8.
8. Accommodate residents within the proposed spray block who object to treatment of their property by revising or dropping treatment blocks. If other resident's properties are dropped from a suppression block due to accommodating an objector, the county coordinator shall notify affected residents.
NR 47.913(1)(b)9.
9. Assist as a ground observer or provide observers as required by the department during the aerial treatment or both. All observers shall attend observer training provided by the department.
NR 47.913(1)(b)10.
10. Perform a post treatment evaluation of defoliation within blocks identified by the department. The department shall provide the procedure for evaluation.
NR 47.913(1)(b)11.
11. Develop and submit requests for reimbursement for eligible administrative costs.
NR 47.913(1)(b)12.
12. Maintain records and file with the department materials requested for an annual report.
NR 47.913(2)
(2)
Eligible treatment blocks. To be eligible for cost sharing under this subchapter, a proposed treatment block shall comply with the following criteria:
NR 47.913(2)(a)
(a) Be at least 20 contiguous acres in a compact and regular shape.
NR 47.913(2)(d)
(d) Have the following minimum average number of egg masses per acre as determined by surveys done according to directions in the application materials:
NR 47.913(2)(d)1.
1. 500 egg masses per acre on residential or high use recreational
land.
NR 47.913 History
History: Emerg. cr. eff. 11-10-00;
CR 00-177: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 04-137: am. (1), (2) (a), (b) 1. and (d) 1.
Register October 2005 No. 598, eff. 11-1-05.
NR 47.914(1)(1)
An eligible applicant, described in s.
NR 47.913 (1), may apply for participation in the statewide treatment program and cost sharing for aerial insecticide treatment and associated administrative costs for eligible blocks as described in s.
NR 47.913 (2).
NR 47.914(2)
(2) Applicants shall submit applications for cost sharing to department staff, identified on the application for the area of the state involved, no later than the first Friday in December, along with a digitized map of each proposed treatment block in the format specified on the application form to be eligible for participation in the treatment program for that year. Application forms can be obtained by writing to the program manager for the gypsy moth grant program.
NR 47.914 Note
Note: The address for the program manager for the Gypsy Moth Grant Program is Division of Forestry, Forest Health Program, P.O. Box 7921, Madison, WI 53707.
NR 47.914(3)
(3) Applicants shall submit with the application an electronic list of telephone, facsimile, mailing address and email contacts associated with each treatment block to the designated department staff specified in the application and in the format provided by the department. Required contacts for each block include all schools and licensed daycare providers within a treatment block, local government officials, health, police, sheriff and fire departments within whose jurisdiction a treatment block exists, hospital emergency rooms in the area of treatment blocks, and other concerned parties as necessary. These lists shall be used by department staff to provide prior notification of aerial treatments.
NR 47.914(4)
(4) The department shall review applications and recommend treatment for blocks determined to be eligible to the department of agriculture, trade and consumer protection for inclusion in the state treatment plan. If the department finds that a block is ineligible, the basis for the decision of ineligibility shall be identified and the department staff and applicant shall work together to produce an acceptable revision no later than January 15th. If an acceptable revision cannot be agreed upon, the block shall be dropped from the program.
NR 47.914(5)
(5) The department shall notify applicants of eligibility of proposed blocks.
NR 47.914(6)
(6) The applicant shall enter into an agreement with the department regarding cost sharing and continued eligibility under this subchapter to continue its eligibility. The grant agreement shall be signed no later than April 1.
NR 47.914(7)
(7) The applicant
shall designate a county-wide deadline for residents of proposed spray blocks to register their objection to treatment and also the method for registering an objection.
NR 47.914(8)
(8) The applicant shall notify landowners and tenants within the eligible proposed treatment blocks and an area surrounding those blocks to be determined by the applicant. All notices shall provide information on location of proposed treatment blocks, insecticide to be used, approximate timing of treatment, how to register an objection to treatment of property and the name, address and phone number of the county coordinator. Notification requirements of applicants to landowners and tenants shall include:
NR 47.914(8)(a)
(a) Publication of a class 1 legal notice as defined in s.
985.07, Stats., in a local newspaper at least 10 days prior to a deadline designated in the notice for registering an objection by a landowner or tenant to treatment on the land under the landowner's or tenant's control.
NR 47.914(8)(b)
(b) A press release at least 10 days prior to the deadline for objection to treatment of property and which announces the public meeting.
NR 47.914(8)(c)
(c) A public meeting conducted by the applicant and held at least 7 days prior to the deadline for objection to treatment of property.
