NR 120.186(3)(h)
(h) Property acquired with a nonpoint source grant shall be maintained and managed in accordance with the provisions, conditions and scope description in the grant contract.
NR 120.186(3)(i)
(i) A governmental unit may be allowed to acquire property prior to entering into a nonpoint source grant agreement, provided that the governmental unit has received written approval of the department prior to purchasing the targeted property. The governmental unit shall submit a written statement to the department which explains the special circumstances justifying the need to acquire the property at that time. Prior to nonpoint source grant agreement reimbursement for the acquisition, the governmental unit shall establish the value of the property in accordance with
pars. (b) to
(e).
NR 120.186(3)(j)
(j) The governmental unit shall record in the office of the register of deeds for each county in which the property is located the deed which vests title or a property interest in the governmental unit and which references the interest of the state of Wisconsin in the property under the terms of the grant contract.
NR 120.186(4)
(4) State cost-share rate. The maximum allowable state cost-share rate for the acquisition of property under this chapter shall be 50% of the acquisition cost of the property. The maximum allowable state cost-share rate for appraisals for the acquisition of property shall be 100% of the cost of the appraisal when a grant was first issued by the department for this activity prior to July 1, 1998. When a grant was first issued by the department for this activity after this date, the maximum allowable state cost-share rate for appraisals shall be 70%. In this subsection, “acquisition cost" means the fair market value of the property as determined by department appraisal guidelines and reasonable costs related to the purchase of the property limited to the cost of appraisals, land surveys, relocation payments, title evidence, recording fees, historical and cultural assessments required by the department, and environmental inspections and audits. It does not include attorneys fees, environmental clean up costs, brokerage fees paid by the buyer, real estate transfer taxes or any other cost not identified in this subsection.
NR 120.186(5)
(5) Criteria. The department shall consider the following criteria when determining whether to provide funding for the proposed acquisition:
NR 120.186(5)(a)
(a) The degree to which the acquisition of the property would provide for the protection or improvement of water quality.
NR 120.186(5)(b)
(b) The degree to which the acquisition of the property would provide for protection or improvement of other aspects of the natural ecosystem such as fish, wildlife, wetlands or natural beauty.
NR 120.186(5)(c)
(c) The degree to which the acquisition of the property would complement other watershed management efforts.
NR 120.186(5)(e)
(e) In cases where the acquisition will prevent further degradation of water quality, that the acquisition is cost-effective relative to the degree of threat of further degradation to the site.
NR 120.186 History
History: CR 00-028: cr.
Register September 2002 No. 561, eff. 10-1-02; correction in (3) (d), (g) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672; correction in (3) (d) made under s.
13.92 (4) (b) 7., Stats.,
Register July 2015 No. 715.
NR 120.19
NR 120.19
Cost containment procedures. NR 120.19(1)
(1) Governmental units as providers of cost-share agreements shall identify and agree to use one or more of the following cost containment procedures for each best management practice identified in the runoff management grant agreement:
NR 120.19(1)(a)
(a)
Average cost. Based on past cost information, a governmental unit determines an average cost per unit of materials and labor for the installation of a best management practice which may not be exceeded. A governmental unit may use its own experience, or information obtained from the department or other sources, to estimate typical costs.
NR 120.19(1)(b)
(b)
Range of costs. Based on past cost information, a governmental unit establishes a cost range for the installation of a best management practice. Eligible costs may not exceed the maximum cost of the range. A governmental unit may use its own experience, or information obtained from the department or other sources, to estimate typical costs.
NR 120.19(1)(c)
(c)
Competitive bidding. A governmental unit requires the landowner or land operator to request bids from contractors for the installation of a best management practice. The cost-share payment shall be calculated based on the lowest bid meeting acceptable qualifications. The governmental unit shall identify criteria for determining acceptable qualifications. The landowner may select a qualified contractor other than the low qualified bidder, but shall contribute 100% of the difference between the bids.
NR 120.19 Note
Note: The department suggests the following bidding procedures:
NR 120.19 Note
• The governmental unit shows the proposed construction site to all prospective bidders on the same day and at the same time.
NR 120.19 Note
• There are at least 3 qualified bidders.
NR 120.19 Note
• All bids are sealed and delivered by a bid deadline to a location specified by the governmental unit.
NR 120.19 Note
• Bids are opened within 2 weeks after the bid deadline.
NR 120.19 Note
• The amount of the cost-share grant is based on the lowest qualified bid.
NR 120.19 Note
• The landowner selects a higher bidding contractor only if the landowner agrees to pay the difference.
NR 120.19 Note
•The landowner may not select a contractor who did not bid.
NR 120.19(1)(d)
(d)
Maximum cost-share limit. A governmental unit or the department establishes a maximum cost-share rate limit not to exceed the rates specified in
ch. NR 154 for installation of a best management practice.
NR 120.19(1)(e)
(e)
Municipal work group. A governmental unit hires or assigns its employees to install a best management practice for landowners and land operators if the employees are able to perform the work at a cost lower than the private sector.
NR 120.19(1)(f)
(f)
Wisconsin conservation corps. A governmental unit uses the Wisconsin conservation corps to install best management practices for landowners and land operators.
NR 120.19(1)(g)
(g)
Other cost containment procedures. If a governmental unit determines another cost containment procedure would be at least as or more effective than the cost containment procedures described in this subsection, it shall include the alternative in the project application and the department shall include the alternative in the runoff management grant agreement.
NR 120.19(2)
(2) The cost-containment procedures in this subsection shall be used to control the cost of in-kind contributions, including the substantiated value of donated materials, equipment, services and labor by landowners installing best management practices:
NR 120.19(2)(a)
(a) The maximum value of donated labor may not exceed the prevailing local market wage for equivalent work.
NR 120.19(2)(b)
(b) The value of donated equipment shall not exceed the equipment rates for highways established by the Wisconsin department of transportation.
NR 120.19 Note
Note: The county highway rates for equipment are formulated under s.
84.07, Stats., and can be found in chapter 5 of the State Highway Maintenance Manual published by the Wisconsin Department of Transportation, 4802 Sheboygan Avenue, Madison, WI 53705.
NR 120.19(2)(c)
(c) The value of donated materials and services may not exceed market rates and shall be established by invoice.
NR 120.19 History
History: CR 00-028: cr.
Register September 2002 No. 561, eff. 10-1-02.
NR 120.22
NR 120.22
Interest earned on grant advances. NR 120.22(1)(1) Interest shall be earned and accrued on nonpoint source grant advances. To determine the amount of interest to be credited to the project, the governmental unit shall calculate the interest earned using an average account balance and interest accrued over a period of time or in another equitable manner.
NR 120.22(2)
(2) Interest money earned shall be used to support eligible activities in ongoing or completed priority watershed projects including, but not limited to, periodic inspections after grant expiration, administrative costs of the project and, under exceptional circumstances, the repair of best management practices; when interest money is used to cost-share best management practices, the combination of interest money and any other cost-share funds from this program may not exceed the cost-share limits described in
s. NR 120.18 (1).
NR 120.22(3)
(3) All interest money earned and accrued from a priority watershed project shall be expended by 10 years from the end of the nonpoint source grant period as described in
s. NR 120.12 (4).
NR 120.22(4)
(4) On or before April 15 of each year, a governmental unit shall complete and file a report with the department which states the amount of interest money accrued and interest money expended during the previous calendar year. During the planning and implementation phases of watershed projects, these reports may be included with other fiscal reports required under
ss. NR 120.23 and
120.25.
NR 120.22 History
History: CR 00-028: cr.
Register September 2002 No. 561, eff. 10-1-02.
NR 120.23
NR 120.23
Reimbursement procedures. NR 120.23(1)(a)(a)
Refunds, rebates and credits. The state share of any refunds, rebates, credits or other amounts that accrue to or are received by the grantee for the project, and that are properly allocable to costs for which the grantee has been paid under a grant, shall be paid to the department.
NR 120.23(1)(b)
(b)
Final payment. The department shall pay the grantee the balance of the state share of the eligible project costs after project completion, department approval of the request for payment which the grantee has designated “final payment request" and department verification of the grantee's compliance with all applicable requirements of this chapter and the grant agreement. The final payment request shall be submitted by the grantee promptly after project completion. Prior to final payment under the grant, the grantee shall execute an assignment to the department for the state share of refunds, rebates, credits or other amounts properly allocable to costs for which the grantee has been paid by the department under the grant. The grantee shall also execute a release discharging the department, its officers, agents and employees from all liabilities, obligations and claims arising out of the project work or under the grant, subject only to the exceptions specified in the release.
NR 120.23(1)(c)
(c)
Withholding and recovery of funds. The department may authorize the withholding or recovery of a grant payment if the department determines, in writing, that a grantee has failed to comply with project objectives, grant award conditions or reporting requirements or has not expended all funds advanced or disbursed on eligible activities. Withholding and recovery shall be limited to only that amount necessary to assure compliance.
NR 120.23(1)(d)1.1. Grant payments to a governmental unit or other grantee under this section are contingent on the availability of funding.
NR 120.23(1)(d)2.
2. The department shall withhold payment of the amount of any indebtedness to the department, unless the department determines that collection of the debt will impair accomplishment of the project objectives and that continuation of the project is in the best interest of the nonpoint source water pollution abatement program.
NR 120.23(1)(d)3.
3. The department may recover payments made to grantees as advances or disbursements when it determines that the governmental unit will not complete the eligible activities on its grant within the current grant project budgeting period.
NR 120.23(2)(a)(a) Cost-share funds may be used to share in the actual cost required for the installation of eligible best management practices identified in nonpoint source grant agreements described in
s. NR 120.12.
NR 120.23(2)(b)
(b) State agencies and governmental units shall comply with the following procedures when requesting reimbursement:
NR 120.23(2)(b)1.
1. Reimbursement requests shall be submitted on forms provided by the department.
NR 120.23 Note
Note: Reimbursement request forms may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, Box 7921, Madison, Wisconsin 53707.
NR 120.23(2)(b)2.
2. All reimbursement requests shall be submitted to the department after the best management practice has been verified as properly installed and its cost has been verified and supported by the cost-share agreement including any amendments.
NR 120.23 Note
Note: Cost-share calculation and practice verification forms may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, Box 7921, Madison, Wisconsin 53707.
NR 120.23(2)(b)3.
3. Reimbursement requests may be submitted for partially installed best management practices.
NR 120.23(2)(b)4.
4. All other reimbursement shall be for completed best management practices or completed components of best management practices approved by the department.
NR 120.23(2)(b)5.
5. Reimbursement may be denied if a cost-share agreement or amendment is not in accordance with the watershed plan and grant agreement or amendment.
NR 120.23(2)(b)6.
6. The department may set deadlines for receipt of reimbursement requests by specifying the deadlines within the scope section of the grant or grant amendment.
NR 120.23(2)(c)
(c) The department may advance moneys to governmental units prior to best management practice installation. The amount of the advance shall be determined by the department and may not exceed the amount of the grant.
NR 120.23(3)
(3) Retention requirements. The governmental unit shall retain copies of all reimbursement requests submitted to the department including the following items:
NR 120.23(4)
(4) Anticipated cost-share reimbursement amount. If the department establishes an ACRA for a year for a county which receives funding under
s. NR 120.12 and the county makes reimbursements to eligible cost-share recipients for the year which exceed the amount established by the department, the county shall provide reimbursement to the cost-share recipients, from sources other than the grant agreement,
in the amount by which the reimbursable amounts exceed the ACRA established by the department.
NR 120.23 History
History: CR 00-028: cr.
Register September 2002 No. 561, eff. 10-1-02.
NR 120.24(1)(1)
Profits. Only fair and reasonable profits may be earned by contractors for contracts under grant agreements described in this chapter. Profits included in a formally advertised, competitively bid, fixed price construction contract are presumed to be reasonable.
NR 120.24(2)
(2) Responsibility. The governmental unit is responsible for the administration and successful completion of the activities for which grant assistance under this chapter is awarded in accordance with sound business judgment and good administrative practice under state and local laws.
NR 120.24(3)
(3) General requirements for contracts. Contracts shall be all of the following:
NR 120.24(3)(a)
(a) Necessary for and directly related to the accomplishment of activities necessary to implement the watershed project.
NR 120.24(3)(b)
(b) In the form of a bilaterally executed written agreement for any professional services or construction activities in excess of $10,000.
NR 120.24(4)(a)(a) A governmental unit shall secure prior written approval from the department for use of the force account method in lieu of contracts for any professional services or construction activities in excess of $35,000.
NR 120.24(4)(b)
(b) The department's approval shall be based on the governmental unit's verification and demonstration that it has the necessary competence required to accomplish the work and that the work can be accomplished more economically by the use of the force account method.
NR 120.24(5)
(5) Wisconsin conservation corps. Each governmental unit shall encourage and use the Wisconsin conservation corps for appropriate projects to the greatest extent practicable.
NR 120.24 History
History: CR 00-028: cr.
Register September 2002 No. 561, eff. 10-1-02.
NR 120.25
NR 120.25 Record keeping and reporting requirements. NR 120.25(1)(1) Each governmental unit as a grant agreement grantee or cost-share agreement grantor shall maintain a financial management system which adequately provides for all of the following:
NR 120.25(1)(a)
(a) Accurate, current and complete disclosure of payments to landowners, land operators, contractors or municipalities and receipts, canceled checks, invoices and bills to support payments made in the program in accordance with department reporting requirements in this chapter and in the grant conditions and in accordance with generally accepted accounting principles and practices, consistently applied, regardless of the source of funds.
NR 120.25(1)(b)
(b) Effective control over and accountability for all project funds and other assets.
NR 120.25(1)(c)
(c) Comparison of actual costs with grant amounts on each grant.
NR 120.25(1)(d)
(d) Procedures for determining the eligibility and cost-effectiveness of installation expenses in accordance with the cost containment requirements of
s. NR 120.19 for all practices installed by the landowner or land operator.
NR 120.25(1)(e)
(e) Accounting records supported by source documentation including all of the following:
NR 120.25(1)(e)1.
1. One separate project account for the total grant identified in the nonpoint source grant agreement reflecting all receipts and expenditures of that grant.
NR 120.25(1)(e)2.
2. Accounting records showing all receipts, encumbrances, expenditures and fund balances.
NR 120.25(1)(e)3.
3. A complete file for each cost-share agreement including all of the following documentation:
