NR 47.87(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 47.87(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 47.87(4)(b)
(b) The landowner establishes to the satisfaction of the department that the following have been met:
NR 47.87(4)(b)1.
1. A reasonable effort was made to meet the minimum requirements.
NR 47.87(4)(b)2.
2. The practice, as performed, adequately meets the objectives of the landowner forest stewardship plan.
NR 47.87(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 47.87(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 state forester.
NR 47.87(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 department for payments on the practices. The state forester may discount the reimbursement owed the department by the percentage of years during which the practice has been maintained. In the case of death or incompetency of any landowner, the department shall approve grant payments to the successor if the successor agrees to maintain the practice for the duration of the agreement.
NR 47.87(9)
(9) No grant payment owed to any landowner shall be subject to any claim arising under state law by any creditor, except agencies of the state of Wisconsin.
NR 47.87 History
History: Cr.
Register, March, 1999, No. 519, eff. 4-1-99; emerg. r. (9), renum. (10) to be (9), eff. 10-4-05;
CR 05-087: r. (9), renum. (10) to be (9)
Register May 2006 No. 605, eff. 6-1-06;
CR 12-029: am. (1), (3), r. (6)
Register June 2013 No. 690, eff. 7-1-13.
NR 47.88
NR 47.88 Reconsideration. Any landowner, successor or assignee who is dissatisfied with any determination made under the program may request reconsideration by the state 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 47.88 History
History: Cr.
Register, March, 1999, No. 519, eff. 4-1-99.
NR 47.89(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 47.89(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 47.89(3)
(3) Nothing in this subchapter requiring the withholding or refunding of cost-share grants shall preclude any other penalty or liability otherwise imposed by law.
NR 47.89 History
History: Cr.
Register, March, 1999, No. 519, eff. 4-1-99.
NR 47.895
NR 47.895 Funding. Funding for grants under these rules includes:
NR 47.895(1)
(1) Funds appropriated for the grant program established under s.
26.38, Stats.
NR 47.895(2)
(2) Other
state, federal,
or nonprofit
organization
funds
appropriated
for the purpose
of encouraging
private
forest
landowners
to
manage
lands
in a
manner
that benefits
this state's
forest
and related
resour
ces
and the people
of the state,
provided
the practice
or practices identified
for the
funding
are consistent
with a
ny
identified
in this subchapter
as eligible
for funding.
NR 47.895(3)
(3) Other
state, federal,
or nonprofit
organization
funds
distributed
through
this subchapter
shall
be distributed
to practices
or projects
consistent
with
the appropriation.
NR 47.895 History
History: CR 02-074: cr.
Register November 2002 No. 563, eff. 12-1-02;
CR 12-029: am. (2), (3)
Register June 2013 No. 690, eff. 7-1-13.
NR 47.90
NR 47.90 Purpose. The purpose of this subchapter is to implement and administer forest fire protection grants to municipal fire departments and other fire suppression organizations, as authorized under s.
26.145, Stats. The purpose of the grant funding is to expand the use of local fire departments to augment and strengthen the department's overall initial attack fire suppression capabilities on forest fires.
NR 47.90 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
NR 47.901
NR 47.901 Applicability. The provisions of this subchapter are applicable to certain municipalities and not-for-profit organizations of the state who apply for forest fire protection grants under this subchapter.
NR 47.901 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
NR 47.902
NR 47.902 Definitions. In this subchapter:
NR 47.902(1)
(1) “Applicant" means the Wisconsin municipality, fire department or fire suppression organization that submits an application for grants under this subchapter.
NR 47.902(3)
(3) “Fire suppression organization" means a not-for-profit organization whose primary purpose and activities support fire protection or suppression and that represents a majority of fire departments in a county or region that serve forest fire control areas established in ss.
NR 30.01 and
30.02.
NR 47.902(4)
(4) “Grantee" means the recipient of a grant under this subchapter.
NR 47.902(5)
(5) “Municipality" means a Wisconsin city, village, town or county.
NR 47.902(6)
(6) “Project" means the practice or activity for which funds are applied under this subchapter.
NR 47.902 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
NR 47.903(1)(1)
Applicants shall submit applications on the prescribed department forms to the address shown on the application form. An applicant may not submit more than one application for grant funding in any single funding period as provided in subs.
(2) and
(3). The department shall send notice of the availability of application forms and instructions to all eligible fire departments in the state.
NR 47.903(2)
(2) Applicants for grant funding for the period which ends on June 30, 1998 shall submit their applications no later than April 15, 1998.
NR 47.903(3)
(3) Beginning in 2002, applications shall be submitted no later than July 1 of each year unless otherwise provided for on the application.
NR 47.903(4)
(4) No application from a fire suppression organization may be for more than $25,000 or less than $5,000 in grant funding.
NR 47.903(5)
(5) No application from a fire department may be for more than $10,000 or less than $750 in grant funding.
NR 47.903(6)
(6) Applicants who have been selected to receive grants shall be notified by the department and sent a grant agreement for signature and return. No project work may be done or cost incurred until the grant agreement has been signed by the department.
NR 47.903(7)
(7) The department may require a fire suppression organization to file with the department a charter, constitution, bylaws or similar documents which describe the organization's objectives and activities in forest fire protection.
NR 47.903(8)
(8) Applications submitted after the deadline date or containing incorrect or inaccurate information will not be considered.
NR 47.903 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98;
CR 01-146: am. (3) and (6)
Register May 2002 No. 557, eff. 6-1-02.
NR 47.904(1)(1)
A grant under this subchapter shall be 50% of actual eligible cost. The estimated value of “in-kind" or donated labor, materials or equipment may not be considered actual eligible cost.
NR 47.904(2)
(2) Grant applications will be funded in priority rank order. The last application for which funds are available may be offered less funding than the full amount requested. Copies of the standards are available for inspection at the offices of the legislative reference bureau and the secretary of state. Individual copies may be obtained from the bureau of forestry, DNR, P.O. Box 7921, Madison, WI 53707.
NR 47.904 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 April 2009 No. 640.
NR 47.905(1)(1)
Eligible applicant. An eligible applicant is:
NR 47.905(1)(a)
(a) A fire department that provides service to a municipality that has executed a forest fire suppression agreement to assist the department in suppression of forest fires.
NR 47.905(1)(b)
(b) A Wisconsin fire suppression organization that agrees to assist the department in the suppression of forest fires.
NR 47.905(2)
(2)
Eligible uses of grant funds. Requests for grant assistance are limited to materials, supplies and equipment which are primarily and directly associated with forest fire protection and suppression. Examples of eligible projects include:
NR 47.905(2)(a)
(a) Forest fire protective clothing that meets NFPA Standard 1977.
NR 47.905(2)(b)
(b) Tools and small diameter hose used for forest fire suppression, foam and portable foam delivery equipment, dry hydrants, vehicle slip-on pumping units.
NR 47.905(2)(c)
(c) Communication equipment that is used for forest fire protection and suppression activities, such as radios, pagers, base station and repeater towers.
NR 47.905(2)(d)
(d) Rural fire mapping and numbering and materials, supplies and equipment and direction or location devices such as global positioning system devices.
NR 47.905(2)(e)
(e) Off-road vehicles such as all-wheel drive trucks of 1 to 5 ton capacity which are used primarily for forest fire suppression. Grant assistance for vehicles is limited to applications from individual fire departments.
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.
