NR 193.89 Grant agreements for acquisition projects.
NR 193.01
NR 193.01
Purpose and authority. This chapter establishes procedures for awarding cost-sharing grants to public and private entities to protect and improve the waters of Wisconsin. Rules under this chapter outline grant programs supporting aquatic invasive species control and prevention as provided for in s.
23.22 (2) (c),
Stats., lake management planning as provided for in s.
281.68, Stats., lake management and lake classification pursuant to s.
281.69, Stats., river planning and management as provided for in s.
281.70, Stats., and a lake monitoring and protection contract program pursuant to s.
281.68 (3) (bg), Stats.
NR 193.01 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20.
NR 193.02(1)(1)
This chapter outlines a grant program that provides financial assistance for surface water planning and management projects benefitting the waters of Wisconsin. Eligible grant recipients include counties, cities, towns, villages, and other local governmental units; tribal governing bodies; town sanitary districts; public inland lake protection and rehabilitation districts; nonprofit conservation organizations; qualified surface water management organizations; qualified school districts; accredited colleges; accredited universities and technical schools; qualified lake associations; qualified river management organizations; natural resource agencies; and other substantially similar organizations. Substantially similar organizations seeking eligibility for grants awarded under this chapter shall submit a request for a determination of eligibility on a form designated by the department.
NR 193.02(2)
(2) Grants awarded under this chapter may be used for education, planning and management projects conducted for the benefit of surface water or aquatic ecosystems. Lake protection funding is available for projects benefitting lakes and lake ecosystems. Lake management grants that include natural resource enhancement services are available for projects benefitting public inland lakes. River protection funding is available for activities benefitting rivers and riverine ecosystems. Aquatic invasive species control funding is available for aquatic invasive species projects conducted on surface waters of the state, including lakes, rivers, streams, wetlands and the Great Lakes.
NR 193.02(3)
(3) These general provisions apply to grants awarded under this chapter. Subchapters
VI and
VII will use the he general provisions contained in this subchapter, unless indicated otherwise in subchs.
VI and
VII.
NR 193.02 Note
Note: Applicants may wish to review the Surface Water Grant Program Guidance available on the Surface Water Grant Program website.
NR 193.02 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (3) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.03
NR 193.03
Definitions. In this chapter:
NR 193.03(1)
(1) “
Acquisition costs” 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 costs of appraisals, legal fees associated with closing up to a maximum DNR cost share of $1,000, costs of land surveys, title and gap insurance costs, title company closing costs, recording fees, costs of historical and cultural assessments required by the department, costs of environmental inspections, audit costs, and baseline documentation costs required for conservation easements. “Acquisition costs” does not include environmental clean-up costs, brokerage fees paid by the buyer, real estate transfer taxes or any other costs not identified in this subsection.
NR 193.03(2)
(2) “
Aquatic ecosystem” means a lake ecosystem or riverine ecosystem.
NR 193.03(3)
(3) “
Aquatic invasive species” means organisms, eggs, larvae, seeds, fragments, propagules, and any other viable life stage of a non-indigenous water or wetland-dwelling organism, including hybrids, cultivars, subspecific taxa, or genetically modified variants, whose introduction is likely to cause adverse economic, recreational, environmental or human health effects.
NR 193.03 Note
Note: Some aquatic invasive species are legally identified, classified, and regulated under ch.
NR 40 and s.
NR 109.07.
NR 193.03(4)
(4) “
Aquatic invasive species control” means to remove, cut and remove, destroy, suppress, or otherwise prevent the introduction or spread of aquatic invasive species.
NR 193.03(5)
(5) “
Aquatic life” means aquatic plants, aquatic algae, aquatic invertebrates, aquatic or semi-aquatic vertebrates, or other aquatic organisms or their habitats.
NR 193.03(6)
(6) “
Capital asset” means a long-term item having a useful life of more than one year and an acquisition cost of $5,000 or greater. “Capital asset” includes customized equipment where the sum of the components is equal to or in excess of $5,000.
NR 193.03(8)
(8) “
Cost containment” means the process of managing the expenses required to complete a project within pre-planned budgetary constraints.
NR 193.03(9)
(9) “
Department” means the Wisconsin department of natural resources.
NR 193.03(10)
(10) “
DNR cost share” means the percent of a project's total cost paid for with grant funds awarded under this chapter.
NR 193.03(11)
(11) “
Enhancement” means activities conducted to increase one or more beneficial functional values or services of an aquatic ecosystem.
NR 193.03(12)
(12) “
Equipment” means long-term items having a useful life of more than one year and an acquisition cost of less than $5,000.
NR 193.03(13)
(13) “
Final payment” means the last reimbursement issued by the department to the grantee for a grant awarded under this chapter after the project has been completed in accordance with the grant agreement and to the satisfaction of the department.
NR 193.03(14)
(14) “
Grant advance” means the portion of the grant award paid to the grantee after returning a signed grant agreement and prior to project implementation.
NR 193.03(15)
(15) “
Grant agreement” means a contract between the grantee and the department detailing the project scope, grant award, grant period, DNR cost share, project products, reimbursement process, and conditions that restrict actions of the grantee during the life of the project and during the operation and maintenance phase once the final payment has been issued by the department.
NR 193.03(16)
(16) “
Grant award” means the dollar amount awarded to the grantee by the department and available to the grantee for reimbursement of eligible project costs.
NR 193.03(17)
(17) “
Grantee” means an eligible organization or person that is awarded a grant or contract from the department under this chapter.
NR 193.03(18)
(18) “
Grantee match” means the dollar amount of the eligible project cost not funded with a grant administered by the department.
NR 193.03(19)
(19) “
Grant period” means the time period stated in the grant agreement during which the grantee may expend funds for the project.
NR 193.03(20)
(20) “
Lake” means all or a portion of a lentic body of water, including lakes, ponds, millponds, pools, impoundments, reservoirs and flowages, that is within the boundaries of the state.
NR 193.03(21)
(21) “
Lake ecosystem” means the lake and all streams, channels, wetlands, groundwater, and lands in the watershed and the terrestrial and aquatic life therein.
NR 193.03(22)
(22) “
Littoral area” means the light-rich shallow-water zone of a lake extending from the ordinary high water mark to the greatest depth capable of supporting submersed aquatic plants.
NR 193.03(24)
(24) “
Management plan” means a written document that explores management challenges and defines management goals and that provides strategic direction for selecting project activities to accomplish them.
NR 193.03 Note
Note: Examples of management goals include preventing pollution, protecting surface water quality, protecting the quality of aquatic ecosystems, improving surface water quality, and improving the quality of aquatic ecosystems.
NR 193.03(28)
(28) “
Ordinary high water mark” means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or inhibition of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics. Where the bank or shore at any particular place is of such character that it is difficult or impossible to ascertain where the point of ordinary high water mark is, the opposite bank of a stream or other reference locations on the shore of a lake or flowage may be used as an alternative point of reference to determine the ordinary high water mark.
NR 193.03(29)
(29) “
Partial payment” means reimbursement of eligible project expenses requested by the grantee after any grant advance has been expended on eligible projects costs, including the grantee match for the grant advance, and prior to completion of the project.
NR 193.03(31)
(31) “
Program-approved protocol” means a method or protocol designed to accomplish certain project activities, including monitoring, modelling, assessment, protection, or restoration, that is approved by the department for use in a project funded by a grant awarded under this chapter.
NR 193.03(32)
(32) “
Project” means the practices or activities supported in part by grant funds awarded under this chapter.
NR 193.03(33)
(33) “
Project scope” means the part of the grant agreement that succinctly describes the extent or range of what the project will accomplish.
NR 193.03(34)
(34) “
Public inland lake” means a lake, reservoir, flowage, millpond, or portion thereof that is within the boundaries of the state and that is presently accessible to the public by contiguous public lands or easements giving public access.
NR 193.03(35)
(35) “
Public inland lake protection and rehabilitation district” means a district authorized under s.
33.21, Stats.
NR 193.03(36)
(36) “
Public waterbody” means any
lake, pond, stream, creek, drainage way, waterway, wetland, or other area where water naturally flows or drains, or any portion thereof, that is open to the public for swimming, paddling, canoeing, kayaking, motorized boating, windsailing, fishing, ice fishing, aesthetic enjoyment or other use.
NR 193.03(37)
(37) “
Qualified lake association” means a lake association that meets the qualifications under s.
281.68 (3m), Stats., and that charges an annual membership fee of not less than $5 and not more than $50.
NR 193.03(38)
(38) “
Qualified river management organization” means a nonprofit corporation, as defined in s.
181.0103 (17), Stats., or a chapter or legal affiliate of a nationally recognized nonprofit organization registered in another state, that meets all of the following conditions:
NR 193.03(38)(a)
(a) The organization specifies in its articles of incorporation or bylaws that a substantial purpose of its being incorporated is to support the protection or improvement of one or more rivers or riverine ecosystems for the benefit of the general public or demonstrates that the substantial purpose of its recent past actions was to support the protection or improvement of one or more rivers for the benefit of the general public.
NR 193.03(38)(b)
(b) The organization does not limit membership or deny the right of any member or any class of members to vote.
NR 193.03(38)(c)
(c) The organization requires payment of an annual membership fee of not less than $5 and not more than $50.
NR 193.03(40)
(40) “
Qualified surface water management organization” means a nonprofit corporation, a charitable trust or other nonprofit association that is described in section
501 (c) (3) of the Internal Revenue Code that meets all of the following criteria:
NR 193.03(40)(a)
(a) The entity is exempt from federal income tax under IRC s. 501 (a) of the internal revenue code.
NR 193.03(40)(b)
(b) The organization's stated purpose or past actions are aligned with the purposes of this chapter.
NR 193.03(40)(c)
(c) The entity is registered with the Wisconsin department of financial institutions or, if it is located out of state and is not registered with the Wisconsin department of financial institutions, it has an established presence in the state of Wisconsin as determined by the department.
NR 193.03(40)(d)
(d) The entity is seeking a grant award for projects primarily benefitting the waters of the state of Wisconsin.
NR 193.03(41)
(4
1) “Resource protection services” means activities pursuant to s.
281.55,
281.57,
281.65, or
281.695 (5), Stats., and activities described in s.
NR 1.91 (2) (L), that protect surface water and aquatic ecosystems, including nonpoint source water pollution management, lake planning, and certain lake management actions.
NR 193.03(42)
(42) “
Restoration” means the enhancement or reestablishment of historic surface water or shoreline habitat conditions and functions, to the maximum extent practicable, at a site where they have been diminished, including the reestablishment of natural hydrology, natural land contours, native vegetation, aquatic invasive species control, or the replacement of rock or woody cover.
NR 193.03(43)
(43) “
River” means a lotic waterbody located in or bordering the state and includes rivers, streams, creeks, channels, flowages and impoundments.
NR 193.03(44)
(44) “
Riverine ecosystem” means a river and all wetlands, groundwater, and lands in the watershed of the river and the terrestrial and aquatic life therein.
NR 193.03(45)
(45) “
Shoreline habitat” means the area adjacent to both sides of the ordinary high water mark including the littoral and adjacent upland habitat areas that can provide both water quality and ecosystem benefits to a waterbody.
NR 193.03(46)
(46) “
Supplies” means short-term items that are consumed during the project, typically within the course of one year.
NR 193.03(47)
(47) “
Surface water” means surface water, as defined in s.
NR 811.02 (66), that lies within or that borders the boundaries of the state.
NR 193.03 Note
Note: Surface waters include lakes, rivers, and wetlands.
NR 193.03(49)
(49) “
Tribal governing body” means an elected tribal governing body of a federally recognized American Indian tribe or band.
NR 193.03(50)
(50) “
Waterbody” means a lake, river, wetland, or portion thereof.
NR 193.03(52)
(52) “
Watercraft inspection program” means a department-approved aquatic invasive species prevention program in which volunteer or paid staff conduct watercraft and equipment inspections and educate surface water users on how to prevent the spread of aquatic invasive species.
NR 193.03 Note
Note: The department-approved watercraft inspection program is “Clean Boats, Clean Waters.”
NR 193.03(53)
(53) “
Watershed” means an area of land over which surface water flows and drains to a common outlet, defined relative to a specific point in the surface water drainage network and including all land upstream that drains to that point.
NR 193.03(66)
(66) “
WisDOT” means the Wisconsin department of transportation.
NR 193.03 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (1), (20), (24), (29), (31), (36), (38), (40) (c), (41), (53) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.04(1)(a)
(a) Follow generally accepted accounting principles and practices during the implementation of a project funded with a grant awarded under this chapter. Should the grantee fail to comply, the department may terminate the grant if the project is incomplete or require repayment in part or full if the project is complete.
NR 193.04(1)(b)
(b) If the grantee receives a grant advance from the department, use interest earned on the grant advance, if any, for the same purposes for which the department originally awarded the grant. Should the grantee fail to comply, the department may require that earned interest be submitted to the department.
NR 193.04(1)(c)
(c) Document all project costs and maintain documents to support grant expenditures in sufficient detail to show that project costs are consistent with the grant agreement. Should the grantee fail to comply, the department may withhold payment.
NR 193.04(1)(d)
(d) Maintain all financial records for 6 years following the issuance of the final payment, unless longer retention is directed by the department in writing, and make these financial records available to department staff upon request. Financial records to which this paragraph applies include published public notice and bid summaries; records showing volunteer time, donated professional services, and supplies and equipment; invoices; canceled checks and bank or credit card statements; documentation regarding the life and depreciation of supplies, equipment, and capital assets purchased with grant funds awarded under this chapter; records related to earned interest, the collection of fees, and any other documents that support project costs claimed by the grantee. Should the grantee fail to comply, the department may require repayment of grant funds in part or full.
NR 193.04(1)(e)
(e) Comply with all applicable state and federal laws and regulations regarding cost containment, bidding, contract awards, wage, and labor rates. Should the grantee fail to comply, the department may require repayment of grant funds in part or full.
NR 193.04(1)(f)
(f) Obtain all regulatory permits and approvals required by federal, state, or local agencies, including water and wetland regulatory permits from the department, prior to implementation of any permitted activity. A grantee shall fully comply with the permits and approvals during implementation of any permitted activity and shall submit proof of each approved permit to the department with any relevant payment request. The department may not issue a payment if the approved permit is not submitted by the grantee.
