Chapter NR 58

NR 58.05(1) (1) Eligible costs. Those project costs which are consistent with the approved project scope, reasonable and necessary, and incurred during the grant period are eligible for grant funding. Eligible costs may include, but are not limited to any of the following:

NR 58.05(1)(a) (a) Wages of personnel engaged in the project.

NR 58.05(1)(b) (b) The purchase of supplies and equipment.

NR 58.05(1)(c) (c) The costs of leased equipment and facilities.

NR 58.05(1)(d) (d) Travel expenses - mileage, per diem and lodging.

NR 58.05(1)(e) (e) Computer time and data processing.

NR 58.05(1)(f) (f) Printing costs.

NR 58.05(1)(g) (g) Costs of contracts or subcontracts to qualified vendors to perform project activities.

NR 58.05(2) (2) Ineligible costs. Costs not directly associated with or not necessary for the implementation of the project are ineligible for grant funding. Ineligible costs include, but are not limited to any of the following:

NR 58.05(2)(a) (a) Fines and penalties due to violations of, or failure to comply with, federal, state or local laws or regulations;

NR 58.05(2)(b) (b) Ordinary operating expenses of agencies that are not directly related to the project;

NR 58.05(2)(c) (c) Costs for which payment has been or will be received from any other funding source;

NR 58.05(2)(d) (d) Program costs incurred beyond the grant period;

NR 58.05(2)(e) (e) Donated labor, materials, land or other activities which do not result in actual expenditure by the grantee; and

NR 58.05(2)(f) (f) Indirect costs.

NR 58.05 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94; CR 05-071: cr. (1) (g) Register February 2006 No. 602, eff. 3-1-06.

NR 58.06 NR 58.06 Grant conditions.

NR 58.06(1) (1) Duration. The grantee may not begin work described under the grant agreement until the grant agreement has been signed by the department and the grantee.

NR 58.06(2) (2) Permission from property owners and managers. The grant agreement shall contain provisions regarding access to private and government property by department employees and the grantee.

NR 58.06(3) (3) Permits. Applicants shall verify that all applicable federal and state permits, approvals, licenses or waivers necessary to implement the project have been obtained or applied for. Work on the proposed project may not commence until all applicable permits have been obtained.

NR 58.06 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94; CR 05-071: am. (1), r. (4) to (7) Register February 2006 No. 602, eff. 3-1-06.

NR 58.07 NR 58.07 Grant application.

NR 58.07(1) (1) Application availability. Applicants shall obtain application forms and instructions from the Bureau of Endangered Resources, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707.

NR 58.07(2) (2) Contents. The application shall include:

NR 58.07(2)(a) (a) A project narrative, objectives, methods, timetable and budget, in the format provided in the instructions; and

NR 58.07(2)(b) (b) For state employees only, a completed and approved outside employment form.

NR 58.07(3) (3) Additional information. The department may request additional information from the applicant upon receipt of the application.

NR 58.07(4) (4) Deadline. Applications are due by the date provided in the application instructions.

NR 58.07 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94; CR 05-071: am. (2) (a), cr. (3) and (4) Register February 2006 No. 602, eff. 3-1-06.

NR 58.08 NR 58.08 Grant selection criteria. Factors considered in awarding grants shall include but are not limited to the following:

NR 58.08(1) (1) The applicant’s ability to carry out the project using sound scientific, management or educational practices as evidenced by credentials, experience and the level of detail provided in the application;

NR 58.08(2) (2) The reasonableness of the budget for the project;

NR 58.08(3) (3) The extent to which the proposed methods would achieve the project objectives.

NR 58.08(4) (4) The history and capacity of the grantee to achieve the project objectives.

NR 58.08 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94; CR 05-071: r. (3) and (5), r. and recr. (4), renum. (6) to be (3) Register February 2006 No. 602, eff. 3-1-06.

NR 58.09 NR 58.09 Grant payment.

NR 58.09(1) (1) Initial payments. Upon acceptance of the grant offer, the grantee may request up to 50% of the total amount of the grant by submitting an advance payment request.

NR 58.09(2) (2) Interim payments. Interim payments shall be paid to the grantee based on the payment schedule in the grant agreement.

NR 58.09(3) (3) Final payment. The grantee shall submit the final payment request within 60 days after project completion or after the grant expiration date, whichever occurs first. The department shall pay the remainder of the grant to the grantee upon approval of the final report as required by s. NR 58.11 (2) and the final accounting of project expenditures.

NR 58.09(4) (4) Unexpended monies returned. The grantee shall return any unexpended grant monies to the department within 60 days after expiration of the grant period.

NR 58.09(5) (5) Payments for project modifications. Payments may not be paid for project modifications unless approved by the department.

NR 58.09 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94; CR 05-071: r. (1), renum. (2) (a) to (d) to be (1) to (4), am. (1), cr. (5) Register February 2006 No. 602, eff. 3-1-06.

NR 58.10 NR 58.10 Grant agreements.

NR 58.10(1) (1) The grantee and the department shall develop and approve a grant agreement which shall specify terms for all conditions listed under s. NR 58.06 and all of the following:

NR 58.10(1)(a) (a) Cancellation of agreement;

NR 58.10(1)(b) (b) Project objectives, methods and budget;

NR 58.10(1)(c) (c) Schedule and procedures for payment of grant;

NR 58.10(1)(d) (d) Ownership of equipment purchased with grant monies; and

NR 58.10(1)(e) (e) Schedule and procedures for interim and final reports.

NR 58.10(2) (2) The grantee shall execute and deliver a release, as part of the grant agreement, discharging the state of Wisconsin, its officers, agents and employees from all liabilities, obligations and claims arising out of the project work or under the grant, subject only to any exceptions specified in the release.

NR 58.10 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94; CR 05-071: renum. (1) to (5) to be (1) (intro.) and (a) to (e), am. (1) (intro.), cr. (2) Register February 2006 No. 602, eff. 3-1-06.

NR 58.11 NR 58.11 Reports.

NR 58.11(1) (1) Interim reports. The department may require one or more interim reports. As requested by the department, each grant recipient shall submit to the department one or more interim reports which contain details of progress, findings, problems and other information regarding the status of the project as stated in the grant agreement.

NR 58.11(2) (2) Final report. Each grant recipient shall submit a final report to the department within 60 days after the grant expiration date. The final report shall include the following:

NR 58.11(2)(a) (a) A project summary, methods, results and discussion where applicable;

NR 58.11(2)(b) (b) Documentation of all project modifications that may have occurred, including an explanation of why modifications were necessary;

NR 58.11 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94; CR 05-071: am. (1) (intro.), r. (2) (c) to (e) Register February 2006 No. 602, eff. 3-1-06.

NR 58.12 NR 58.12 Grantee accountability.

NR 58.12(1) (1) Records management. The grantee shall maintain an accounting system that accurately reflects all fiscal transactions, incorporates appropriate controls and safeguards, and provides clear references, particularly to source or original documents. Records shall meet the following minimum requirements:

NR 58.12(1)(a) (a) Project accounts shall separate grant receipts and eligible expenditures from those allocable to other programs and activities.

NR 58.12(1)(b) (b) Receipts and expenditures shall be listed and identified in sufficient detail to reflect their source and purpose. Proof of payment, such as canceled checks or receipts from vendors, shall be maintained.

NR 58.12(1)(c) (c) Records that reflect actual project hours worked by day by each individual as well as gross wages paid shall be maintained. Records shall also include work performed by day.

NR 58.12(2) (2) Records retention and auditing. The grantee shall retain all records pertaining to the project and make them available to the department on request until the department issues final payment.

NR 58.12 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94.

NR 58.13 NR 58.13 Grant variances. The department may approve in writing variances from non-statutory requirements of this chapter upon request of the grantee when it is determined that variances are essential to effect necessary actions or department objectives, and where special circumstances make variances in the best interest of the state, taking into account factors such as good cause, circumstances beyond the control of the grantee and financial hardship.

NR 58.13 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94.

NR 58.14 NR 58.14 Grant termination.

NR 58.14(1) (1) General. The department and a grantee may enter into an agreement to terminate the award at any time.

NR 58.14(2) (2) Justification. The department may terminate the grant in whole or in part and the grantee shall repay the department any grant money that was not spent or that was inappropriately spent plus interest at 5% annually accrued within 3 years of the date the grant agreement was executed if the department determines any of the following:

NR 58.14(2)(a) (a) There has been no substantial progress made on the project by the grantee, without good cause.

NR 58.14(2)(b) (b) There is substantial evidence that the grant was obtained by fraud.

NR 58.14(2)(c) (c) There is substantial evidence of gross abuse or corrupt practices in the administration of the project.

NR 58.14(2)(d) (d) The grantee has failed to comply with the provisions of this chapter or of the grant agreement.

NR 58.14(2)(e) (e) The grantee has not completed the grant project within the grant period and failed to amend or extend the grant period through an agreement between the department and the grantee.

NR 58.14 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94; CR 05-071: am. (2) (intro) and (a) to (c), cr. (e) Register February 2006 No. 602, eff. 3-1-06.

NR 58.15 NR 58.15 Enforcement. The following sanctions may be imposed for noncompliance with any of the provisions of this chapter or the grant agreement:

NR 58.15(1) (1) The grant may be terminated under s. NR 58.14.

NR 58.15(2) (2) Program costs directly related to the noncompliance may be declared ineligible.

NR 58.15(3) (3) Other administrative and judicial remedies may be instituted as legally available and appropriate.

NR 58.15(4) (4) The department may seek recovery of some or all payments.

NR 58.15 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94; CR 05-071: am. (1) Register February 2006 No. 602, eff. 3-1-06.

subch. II of ch. NR 58 Subchapter II — Endangered Resources Small Grants Program

NR 58.20 NR 58.20 Purpose. The purpose of this subchapter is to establish rules for the implementation and administration of the small grants program to fund research, management and educational activities pertaining to Wisconsin’s natural communities and rare flora and fauna.

NR 58.20 History History: CR 05-071: cr. Register February 2006 No. 602, eff. 3-1-06.

NR 58.21 NR 58.21 Applicability. This subchapter applies to all applicants for, and recipients of, grant awards made pursuant to s. 20.370 (1) (fe), Stats.

NR 58.21 History History: CR 05-071: cr. Register February 2006 No. 602, eff. 3-1-06.

NR 58.22 NR 58.22 Eligibility for grant assistance.

NR 58.22(1) (1) Eligible applicants. All of the following applicants are eligible for a grant:

NR 58.22(1)(a) (a) County, city, village, town and tribal governmental agencies.