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NR 47.955(3)(a) (a) Costs incurred before or more than 365 days after a governor's declared state of emergency for the applicant's area.
NR 47.955(3)(b) (b) Costs for the repair of structures, vehicles, fences, sidewalks or other objects damaged by damaged trees or their parts.
NR 47.955(3)(c) (c) Legal or settlement costs due to storm-related litigation.
NR 47.955(3)(d) (d) Costs of routine urban forest management to trees unaffected by the storm.
NR 47.955(3)(e) (e) Fines and penalties due to violations of, or failure to comply with, federal, state or local laws or regulations.
NR 47.955(3)(f) (f) Ordinary applicant operating expenses, also called indirect costs, such as salaries and expenses of elected officials that are not directly related to urban forestry management.
NR 47.955(3)(g) (g) Costs incurred in a contract which creates a real or apparent conflict of interest.
NR 47.955(4) (4)Conflict of interest prohibition. An apparent conflict of interest arises when an official or employee of an applicant participates in the selection, awarding or administration of a contract supported by the grant and either:
NR 47.955(4)(a) (a) The official or employee, or his or her spouse or partner or children, has an ownership interest in the firm selected for the contract.
NR 47.955(4)(b) (b) A person identified in par. (a) receives a contract, gratuity or favor as a result of the award of the contract.
NR 47.955 History History: CR 08-062: cr. Register May 2009 No. 641, eff. 6-1-09; correction in (2) (d) made under s. 13.92 (4) (b) 7., Stats., Register May 2010 No. 653.
NR 47.956 NR 47.956 Application review criteria.
NR 47.956(1)(1)The department shall review and consider, as a group, all applications postmarked within 60 days of each state of emergency declaration made by the governor. Each application in the group shall be evaluated for all of the following factors:
NR 47.956(1)(a) (a) Extent of tree damage in public areas, residential properties, businesses and natural areas.
NR 47.956(1)(b) (b) The damaged area within the applicant's jurisdiction as a percentage of overall land area.
NR 47.956(1)(c) (c) Repair work needed in the categories of tree removal, stump grinding and cleanup; tree restoration; tree planting and the estimated cost of those repairs.
NR 47.956(1)(d) (d) Population of the applicant's jurisdiction.
NR 47.956(2) (2)Each eligible applicant will share grant funding with all other reviewed applications in its group consistent with the provisions in s. NR 47.957 (3).
NR 47.956 History History: CR 08-062: cr. Register May 2009 No. 641, eff. 6-1-09.
NR 47.957 NR 47.957 Grant awards.
NR 47.957(1)(1)Source of grant funding. The department shall allocate up to 20% of the amount appropriated under s. 20.370 (5) (az) and (2) (mv), Stats., for grants issued under this subchapter. An individual grant awarded by the department under this subchapter may range from not less than $4,000 and not more than $50,000.
NR 47.957(2) (2)Restrictions. The department may not award funds under this subchapter if eligible costs were received by the applicant from any of the following sources:
NR 47.957(2)(a) (a) Federal or state agencies.
NR 47.957(2)(b) (b) Public or private insurance.
NR 47.957(2)(c) (c) Charitable contributions.
NR 47.957(2)(d) (d) Other sources.
NR 47.957(3) (3)Allocation of funds.
NR 47.957(3)(a) (a) All eligible applicants following the governor's state of emergency declaration will share grant funds available under this subchapter at that time. If grant funds are insufficient to fully fund all eligible applicants, the department will pro-rate available funds among all eligible applicants until funds are exhausted.
NR 47.957(3)(b) (b) The department shall issue a grant agreement to all eligible applicants that receive grant funds. The grant agreement shall be signed by the applicant's authorized representative and returned to the department within 30 days of the date of the agreement. Failure of the applicant to sign and return the grant agreement by the deadline may result in the department canceling the agreement and awarding associated funds to another eligible applicant.
NR 47.957(4) (4)Applicant match. There is no match requirement for grants under this subchapter. It is anticipated that project costs will exceed available grant funding. Costs in excess of the grant award amount are the responsibility of the applicant.
NR 47.957(5) (5)Advance payments. Applicants may request from the department one advance payment not to exceed 50% of the total grant award amount. Applicants shall make this request, in writing, when returning the signed grant agreement to the department. The applicant shall maintain detailed records and proofs of payment to justify expenditure of any advance for a project under this subchapter. Applicants shall submit these proofs of payment when final reimbursement is requested.
NR 47.957 History History: CR 08-062: cr. Register May 2009 No. 641, eff. 6-1-09; correction (1) under s. 13.92 (4) (b) 7., Stats., Register October 2015 No. 718; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register July 2018 No. 751.
NR 47.958 NR 47.958 Reimbursements.
NR 47.958(1)(1)Claim submittal. Only eligible applicants that have entered into a signed grant agreement with the department for funding under this subchapter may apply for reimbursement of urban forest damage costs. Eligible applicants shall do all of the following:
NR 47.958(1)(a) (a) Make claims on forms provided by the department.
NR 47.958 Note Note: Reimbursement claim forms are available upon request from the Department of Natural Resources, Division of Forestry, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, Completed forms and supporting documentation shall be mailed to the same address. Forms may also be found on the Wisconsin Department of Natural Resources webpage at:
NR 47.958(1)(b) (b) Submit proofs of payment with reimbursement claims. Proofs of payment may include copies of canceled checks, copies of checks and bank statements and credit card receipts and credit card statements.
NR 47.958(1)(c) (c) Specify all of the following if the applicant seeks reimbursement of employee salaries or fringe benefits, or independent contractor fees.
NR 47.958(1)(c)1. 1. The position number of the employee, or the contract number of the independent contractor.
NR 47.958(1)(c)2. 2. The total amount of salaries and fringe benefits, or the total amount of contractor fees, for which the applicant seeks reimbursement.
NR 47.958(1)(d) (d) Submit proof of cost-containment efforts.
NR 47.958 Note Note: So that applicants may better comply with state procurement and cost-containment requirements, the department makes available the document titled Procurement Guide for Local Governments Receiving Grants. The document is available from the department upon request by writing to: Department of Natural Resources, Division of Forestry, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921,, or on-line at:
NR 47.958(1)(e) (e) Request reimbursement only for eligible costs identified in s. NR 47.955.
NR 47.958(1)(f) (f) Comply with generally accepted accounting principles and practices.
NR 47.958(1)(g) (g) Substantiate, with proofs of payment, any advance payment earlier provided by the department.
NR 47.958(1)(h) (h) Submit final reimbursement claims postmarked within 60 days of the end of the grant agreement.
NR 47.958(2) (2)Disbursement. The department shall disburse payments under this subchapter following review of final reimbursement claims submitted by applicants. The department shall compare reimbursement claims with the applicant grant agreement. The department shall offset the amount of a final reimbursement by any portion of an advance that the applicant cannot substantiate with proofs of payment and by other sources of funding that the applicant has received for damages in the same storm event as described in s. NR 47.957 (2).
NR 47.958(3) (3)Repayment of advance. If the department finds that proofs of payment are insufficient to substantiate the full amount of an advance, the department shall notify the applicant in writing and request additional documentation. The applicant shall respond to the request for additional information within 30 days of receiving written notice from the department. If the applicant cannot substantiate the full amount of an advance, then the applicant shall return the unsubstantiated balance of the advance to the department within 30 days of receipt of the department's request.
NR 47.958 History History: CR 08-062: cr. Register May 2009 No. 641, eff. 6-1-09.
NR 47.959 NR 47.959 Audit and records retention.
NR 47.959(1)(1)Audit. If eligible costs are subsequently reimbursed by sources other than the department after the department has issued payment under this subchapter, the applicant shall refund to the department the amount of those costs. If the department, applicant or applicant's auditor determines that both the department and another source paid an eligible cost, the applicant shall refund the questioned cost to the department. The department shall deposit any refund back into the urban forestry grant fund appropriation.
NR 47.959(2) (2)Records retention. The applicant shall retain all receipts, records and supporting documentation associated with each grant award for a period of 3 years after final payment date. The applicant shall make these documents available for review by the department upon request.
NR 47.959 History History: CR 08-062: cr. Register May 2009 No. 641, eff. 6-1-09.
subch. XIII of ch. NR 47 Subchapter XIII - Weed Management Area Private Forest Grant Program
NR 47.960 NR 47.960 Purpose and scope. The purpose of this subchapter is to establish procedures and standards for the administration of the private forest landowner grant program for weed management areas as authorized under s. 26.38 (2m) (a), Stats., and to distribute other available state and federal funds through grants for the purpose of encouraging private forest landowners and weed management groups to control invasive plant species on nonindustrial private forest land in weed management areas in a manner that benefits the state's forest and related resources and the people of the state.
NR 47.960 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.
NR 47.961 NR 47.961 Applicability. This subchapter is applicable to weed management groups applying for or receiving grants under this subchapter.
NR 47.961 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.
NR 47.962 NR 47.962 Definitions. In addition to definitions in s. NR 47.002, the following definitions apply to this subchapter:
NR 47.962(1) (1)“Invasive plant species" means a plant that is an invasive species.
NR 47.962(2) (2)“Invasive species" has the meaning given in s. NR 40.02 (24).
NR 47.962(3) (3)“Inventor y" includes surveying and mapping for invasive plant occurrences.
NR 47.962(4) (4)“Long term management plan" includes a written prioritization plan for management of invasive plants within a WMA.
NR 47.962(5) (5)“Monitor" or “ monitoring" includes post-activity documentation of management activity results using methods approved by the department.
NR 47.962(6) (6)“Non-profit organizations" has the meaning given in s. NR 47.82 (2m).
NR 47.962(7) (7)“Person" has the meaning in s. 990.01 (26), Stats.
NR 47.962(8) (8)“Person participating" means a person who owns 500 acres or less of nonindustrial private forest land in the state on which a practice or portion of a practice under the grant will be implemented.
NR 47.962(9) (9)“Plant" has the meaning in s. NR 40.02 (38).
NR 47.962(10) (10)“Practice" means an activity or conservation measure intended to control invasive plant species.
NR 47.962(11) (11)“Program" means the weed management area private forest grant program authorized under s. 26.38, Stats.
NR 47.962(12) (12)“Prohibited invasive plant species" means a plant that is a prohibited invasive species.
NR 47.962(13) (13)“Prohibited invasive species" or “prohibited species" has the meaning given in s. NR 40.02 (41).
NR 47.962(14) (14)“Rapid response practice" means a practice to control or eradicate prohibited invasive plants and those invasive plants new to the state or to a region of the state as determined by the chief state forester.
NR 47.962(15) (15)“Reforestation" has the meaning given in s. NR 47.82 (5).
NR 47.962(16) (16)Weed management area" or WMA" means a geographic unit defined by a weed management group.
NR 47.962(17) (17)Weed management group" or WMG" includes persons that are concerned about invasive plants within a WMA.
NR 47.962 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.
NR 47.963 NR 47.963 Program administration. The department shall administer the program, within the guidance provided by the authorizing statute. Additional guidance may accompany federal funding, non-profit organization funding, and state funding other than that provided through s. 20.370 (5) (av), Stats.
NR 47.963 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.
NR 47.964 NR 47.964 Eligibility.
NR 47.964(1)(1)Eligible applicants.
NR 47.964(1)(a)(a) All nonindustrial private forest lands that meet the program requirements in this subchapter are eligible for assistance under the program.
NR 47.964(1)(b) (b) A WMG is eligible for assistance under the program if it consists of 3 or more persons of which at least one person shall be a person participating.
NR 47.964(1)(c) (c) Eligibili ty for federal funding, or non-profit organization funding, may be defined in the grant agree ment through which the funding is provided. Further, additional eligibility criteria may accompany state funding other than that provided through s. 20.370 (5) (av), Stats.
NR 47.964(1)(d) (d) Non-profit organizations and government entities may be applicants as long as the funding is used on nonindustrial private forested land.
NR 47.964(2) (2)Ineligible applicants. The following applicants shall be ineligible for a grant awarded under this subchapter:
NR 47.964(2)(a) (a) An applicant that did not receive pa yment under s. NR 47.967 for a grant awarded under this subchapter which ended within the 24 months prior to the date the application was submitted, unless the owner ended that grant within 12 months of the award.
NR 47.964(2)(b) (b) An applicant who has violated s. NR 47.969 (1), (2), or (4).
NR 47.964(3) (3)Eligible practices. All of the following practices are eligible for grants under this subchapter. However, additional eligible practices may accompany funding for this program other than that provided through s. 20.370 (5) (av), Stats.:
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.