Chapter NR 153

NR 153.25(6)(e) (e) Property acquired with a runoff management grant shall be maintained and managed in accordance with the provisions, conditions, and scope description in the grant contract.

NR 153.25(6)(f) (f) A governmental unit may be allowed to acquire property prior to entering into a runoff management grant agreement, provided that the governmental unit has received written approval from 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 runoff management grant reimbursement for the acquisition, the governmental unit shall establish the value of the property in accordance with par. (b).

NR 153.25(6)(g) (g) The governmental unit shall record in the office of the register of deeds for each county in which 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 153.25(7) (7) State cost-share rate.

NR 153.25(7)(a) (a) The maximum allowable state cost-share rate for the acquisition of property under this chapter is 70 percent, except that the maximum allowable state cost-share shall be 50 percent when the purpose of the acquisition is to support a structural urban best management practice.

NR 153.25(7)(b) (b) The cost share rate shall be applied to the lesser of the following 2 amounts:

NR 153.25(7)(b)1. 1. The acquisition cost of the property.

NR 153.25(7)(b)2. 2. The certified appraisal value as determined by the department 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 assessments. Reasonable costs do 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 subdivision.

NR 153.25(7)(c) (c) The department may not reimburse acquisition costs related to purchase of the property until the property acquisition has been completed.

NR 153.25(8) (8) Criteria. The department shall consider the following criteria when determining whether to provide funding for the proposed acquisition:

NR 153.25(8)(a) (a) The degree to which the acquisition of the property would provide for the protection or improvement of water quality.

NR 153.25(8)(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 153.25(8)(c) (c) The degree to which the acquisition of the property would complement other watershed management efforts.

NR 153.25 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: r. and recr. Register December 2010 No. 660, eff. 1-1-11; correction in (6) (b) 3., (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (6) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733.

NR 153.26 NR 153.26 Local assistance grant agreement.

NR 153.26(1) (1) The local assistance grant agreement is an agreement between the department and a state agency or governmental unit providing funds for activities to carry out the tasks identified in a project selected for funding under this chapter. A local assistance grant awarded under this section may be used for local project administration and management activities determined by the department to satisfy the requirements of s. 281.65 (4) (f), Stats.

NR 153.26(2) (2) If the local assistance grant provides funding to accelerate implementation of best management practices within a priority watershed project, the department shall require that the funds be administered consistent with requirements of the approved priority watershed plan.

NR 153.26(3) (3) All water tests that require laboratory analyses and which are part of the project shall be analyzed by a laboratory certified in accordance with ch. NR 149. In the event there is no certification available for the analyses to be conducted, the department shall approve the selection of a laboratory.

NR 153.26(4) (4) Any grant provided for funding of a project that includes acquisition of physical, biological or chemical data may be conditioned to require implementation of a quality control and quality assurance plan approved by the department. The methods and procedures to be used in the project are subject to department approval.

NR 153.26(5) (5) The department may only award a local assistance grant for the purpose of implementing a runoff management agreement under s. NR 153.21.

NR 153.26(6) (6) The grantee shall apply for local assistance grant funds using the application process under s. NR 153.17.

NR 153.26(7) (7) If a governmental unit contracts with a government agency or person to provide field, administrative, planning, or other services to carry out activities of the local assistance grant agreement, the contract shall be submitted to the department for review and approval prior to signing.

NR 153.26(8) (8) The grant amount may be reduced by the department if the grantee has not met all conditions of the grant or grant amendment or has not expended all of the awarded funds by the end of the project period or if the grantee fails to meet a schedule included in the grant for interim work products. The grantee shall provide an estimate of unexpended funds at the request of the department.

NR 153.26 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (1), (5), (7) Register December 2010 No. 660, eff. 1-1-11; removal of (8) (title) made under s. 13.92 (4) (b) 2., Stats., Register December 2010 No. 660.

NR 153.27 NR 153.27 Procurement.

NR 153.27(1) (1) Profits. Contractors for contracts under grants described in this chapter may earn only fair and reasonable profits. Profits included in a formally advertised, competitively bid, fixed price construction contract are presumed to be reasonable.

NR 153.27(2) (2) Responsibility. The governmental unit shall administer and successfully complete 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 153.27(3) (3) General requirements for contracts. Contracts shall be all of the following:

NR 153.27(3)(a) (a) Necessary for and directly related to the accomplishment of activities necessary for the activity listed on the grant or grant amendment.

NR 153.27(3)(b) (b) In the form of a bilaterally executed written agreement for any professional services or construction activities.

NR 153.27(3)(c) (c) For monetary or in-kind consideration.

NR 153.27(4) (4) Force account work.

NR 153.27(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.

NR 153.27(4)(b) (b) The department shall approve the use of force account work if the governmental unit demonstrates to the department’s satisfaction that the governmental unit 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 153.27(4)(c) (c) The force account reimbursement for design and construction services shall be based on the actual cost of services provided and may not exceed 5 percent of the total project reimbursement when bond-sourced funds are used.

NR 153.27 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (3) (b), (4) (a), cr. (4) (c), r. (5) Register December 2010 No. 660, eff. 1-1-11.

NR 153.28 NR 153.28 Grant reimbursement procedures.

NR 153.28(1) (1) Runoff management grant agreements.

NR 153.28(1)(a) (a) State cost-share funds may be used to share in the actual cost required for the installation of eligible best management practices identified in runoff management grant agreements described in s. NR 153.21.

NR 153.28(1)(b) (b) Governmental units and state agencies shall comply with the following procedures when requesting reimbursement:

NR 153.28(1)(b)1. 1. Reimbursement requests shall be submitted on forms provided by the department. When reimbursement is for a best management practice installed to meet a performance standard or prohibition contained in subchapter II of ch. NR 151, a statement of ch. NR 151 compliance shall be provided to the landowner or operator and a copy shall be attached to the reimbursement request.

NR 153.28 Note Note: Forms can be obtained from the department’s Bureau of Watershed Management or the department’s Bureau of Community Fiscal Assistance, 101 S. Webster St., PO Box 7921, Madison, WI 53707-7921.

NR 153.28(1)(b)2. 2. All reimbursement requests shall be submitted to the department within the time frame established in the grant agreement. Payments for reimbursement requests submitted after the deadlines established in the grant agreement or grant amendment will be subject to the availability of state funds and to financial commitments made to other grantees by the department.

NR 153.28(1)(b)2.a. a. Final reimbursement requests for runoff management grants shall be submitted to the department after the best management practice has been verified as properly installed and its cost has been substantiated by the documentation required by the department.

NR 153.28(1)(b)2.b. b. The grantee may submit a reimbursement request for a partially installed best management practice with approval from the department. In making its reimbursement decision, the department shall consider the level of pollution control provided by the completed component and the component’s structural and functional relationship to other components of the best management practice. A grantee may submit a request for reimbursement of up-front payments made to a cost-share recipient for multi-year cropping practices, including high residue management, cropland protection cover, nutrient management, and pesticide management, without prior approval from the department provided that the cost-share recipient completes the first full year of implementation in accordance with program requirements.

NR 153.28(1)(b)2.c. c. The department may deny reimbursement if a cost-share agreement or amendment is not in accordance with the project application or the runoff management grant agreement.

NR 153.28(1)(b)3. 3. Progress reports required by the department shall accompany each reimbursement request. A final report shall be submitted on forms provided by the department as part of the final reimbursement request.

NR 153.28 Note Note: Forms can be obtained from the department’s Bureau of Watershed Management or the department’s Bureau of Community Financial Assistance, 101 S. Webster St., PO Box 7921, Madison, WI 53707-7921.

NR 153.28(1)(b)4. 4. Reimbursements may not exceed the grant budget line for that practice, unless amended.

NR 153.28(1)(b)5. 5. Reimbursement may not be made in any amount that results in the combined state share under s. 92.14, Stats., and this chapter exceeding the cost share rate required under s. 281.16 (3) (e) or (4), Stats.

NR 153.28(1)(b)6. 6. The department, in the scope of the grant agreement or grant amendment, may further specify eligible costs, reimbursement amounts and reimbursement filing deadlines.

NR 153.28(1)(b)7. 7. Failure to submit reports on schedule may result in withholding of grant payments.

NR 153.28(1)(b)8. 8. The department shall deny reimbursements requested for installed practices which are not included in a cost-share agreement ratified by the department, or enumerated as a grantee-installed practice on the grant agreement or grant amendment, or otherwise authorized by this chapter. Reimbursement for local assistance expenses shall be limited to those activities identified as a grant budget line item or specifically enumerated in the grant agreement scope.

NR 153.28(2) (2) Local assistance grant agreements.

NR 153.28(2)(a) (a) State funds may be used to share in the actual costs expended by the governmental unit for eligible activities identified in local assistance grant agreements.

NR 153.28(2)(b) (b) Governmental units and state agencies shall comply with the reimbursement procedures listed under sub. (1).

NR 153.28(3) (3) General provisions.

NR 153.28(3)(a) (a) Grant payments to a governmental unit or other grantee under this chapter are contingent on the availability of funding.

NR 153.28(3)(b) (b) The department may remove an authorized activity from a grant if there has been substantial nonperformance of the project work by the grantee or the grantee has not met the conditions in the grant or grant amendment.

NR 153.28(3)(c) (c) 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 153.28(3)(d) (d) 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 153.28(3)(e) (e) The department may withhold a grant payment if the department determines, in writing, that a grantee has failed to comply with project objectives, grant or grant amendment conditions or reporting requirements.

NR 153.28(3)(f) (f) The department shall withhold payment of, or otherwise recover, 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 153.28 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (1) (b) 1., 2. b., 3., 5. Register December 2010 No. 660, eff. 1-1-11.

NR 153.29 NR 153.29 Records.

NR 153.29(1) (1) Required records. Each governmental unit serving as a runoff management grant grantee or as a cost-share agreement provider shall maintain a financial management system which adequately provides for all of the following:

NR 153.29(1)(a) (a) Accurate, current and complete disclosure of payments to landowners, land operators, contractors or municipalities including 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. All records shall be in accordance with generally accepted accounting principles and practices, consistently applied, regardless of the source of funds.

NR 153.29(1)(b) (b) Effective control over and accountability for all project funds and other assets.

NR 153.29(1)(c) (c) Comparison of actual costs with the grant amount on each grant.

NR 153.29(1)(d) (d) Procedures for determining the eligibility and allocability of installation expenses in accordance with the cost containment requirements of s. NR 153.23 for all practices installed by the landowner or land operator.

NR 153.29(1)(e) (e) Accounting records supported by source documentation including all of the following:

NR 153.29(1)(e)1. 1. One separate project account for the total grant identified in the grant agreement reflecting all receipts and expenditures of that grant.

NR 153.29(1)(e)2. 2. Accounting records showing all receipts, encumbrances, expenditures and fund balances.

NR 153.29(1)(e)3. 3. A complete file for each cost-share agreement including the following documentation:

NR 153.29(1)(e)3.a. a. Approval of best management practices and cost-share amounts by the governmental unit.

NR 153.29(1)(e)3.b. b. Cost-share agreement and cost-share agreement amendment forms.

NR 153.29(1)(e)3.c. c. Verification by the governmental unit official of proper installation.

NR 153.29(1)(e)3.d. d. Request for reimbursement by a landowner or land operator documenting costs incurred directly or for in-kind contributions by the landowner or land operator. For management practices funded jointly under this chapter and other sources, the request shall verify that funding under this chapter is in accordance with s. NR 153.28 (1) (b) 5.

NR 153.29(1)(e)3.e. e. Evidence of payment for best management practice by a landowner or land operator including copies of checks or receipts.

NR 153.29(1)(e)3.f. f. Verification of practice completion in accordance with the cost-share agreement including amendments and approval of cost-share amounts by the governmental unit.

NR 153.29(1)(e)3.g. g. Change in compliance status, by parcel, with agricultural performance standards and prohibitions of cropland practices and livestock facilities owned or operated by the cost-share recipient.

NR 153.29(1)(e)4. 4. A duplicate copy of each reimbursement request submitted to the department.

NR 153.29(1)(f) (f) A systematic method to assure timely and appropriate resolution of audit findings and recommendations by the department.

NR 153.29(1)(g) (g) A final accounting of project expenditures submitted to the department within 120 days of the completion of all project work.

NR 153.29(1)(h) (h) Records which relate to appeals, disputes or litigation on the settlement of claims arising out of the performance of the project for which funds were awarded.

NR 153.29(1)(i) (i) Records which relate to costs or expenses of the project to which the department or any of its duly authorized representatives has taken exception.

NR 153.29(2) (2) Record retention.

NR 153.29(2)(a) (a) The governmental unit or its agent’s records and the records of contractors, including professional services contracts, shall be subject at all reasonable times to inspection, copying and audit by the department or its agent.

NR 153.29(2)(b) (b) The governmental unit or its agent or contractors shall preserve and make all records available to the department or its agent for whichever of the following is appropriate for their grant situation: