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.
NR 193.04(1)(g)
(g) Enter into a land use agreement with non-grantee landowners participating in a proposed project no later than the date on which the department issues a grant agreement. Should the grantee fail to comply, the department may withhold payment.
NR 193.04(1)(h)
(h) Agree to have an annual audit performed on federal funds received from a state or federal agency in accordance with
2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, also known as “Uniform Guidance,” and WI State Single Audit Guidelines issued by Wisconsin department of administration, state controller's office, if a grantee receives federal or state grant funds totaling at least $750,000 during the grantee's fiscal year. Should the grantee fail to comply, the department may withhold payment.
NR 193.04(1)(i)
(i) Operate as an independent contractor having sole control and responsibility for directing, supervising, or determining the method, hours worked, and time and manner of any performance under a grant agreement issued under s.
NR 193.12 (2), other than as specifically provided in this chapter. The department may not exercise control over the selection and dismissal of a grantee's employees or agents.
NR 193.04(1)(j)
(j) Agree that any fees charged for the use of the project site shall not exceed the cost of a daily state park sticker and that revenues generated will be applied back to the project for which the grant was originally awarded. Should the grantee fail to comply, the department may require that fees collected in excess of the daily state park sticker rate be submitted to the department.
NR 193.04(2)
(2)
The department may conduct an audit of a grantee's records for a grant award at any time during the project period or within 6 years following the issuance of the final payment unless a longer document retention period is directed by the department in writing. The department may require that the grantee repay any prior payment issued by the department if an audit reveals that costs cannot be substantiated.
NR 193.04(3)
(3) Failure of a grantee to comply with one or more terms of the grant agreement issued under this chapter may result in termination of the agreement and the suspension of all obligations of the department. Grant agreements may also be terminated by the department if a grantee fails to make satisfactory progress on activities approved for grant funding, fails to complete the project to the satisfaction of the department, or makes project changes without department approval for a project scope or budget amendment. The department will notify any grantee not in compliance with a grant agreement, in writing, and allow 30 days for the grantee to pursue corrective action. If corrective action does not address department concerns, the department will issue a final termination letter to the grantee, including the reason for termination. Upon termination of a grant agreement, the department may require the grantee to reimburse the department for any grant funds the department deems appropriate. If the compliance failure is determined by the secretary of the department to be due to no fault of the grantee, the amount required to settle at minimum the costs of any irrevocable obligations properly incurred shall be eligible for assistance under this chapter at the department's discretion.
NR 193.04(4)
(4) The grantee may terminate the grant agreement, in writing, at any time prior to the start of the project and before expending any grant funds awarded under this chapter. After the project has been started or grant funds have been expended, a grantee may request to terminate the agreement in writing, subject to approval by the department.
NR 193.04(5)
(5) The department may require the grantee to install and enforce an organization code of conduct that lays out expectations and guiding principles for appropriate workplace behavior. The grantee shall implement the code of conduct when dealing with department staff, volunteers, local elected officials, employees, service providers and customers. Should the grantee fail to comply, all obligations of the department under an agreement may be terminated.
NR 193.04 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (1) (b), (d), (i), (j), (2) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.05
NR 193.05
DNR cost-share percentages and maximum grant award amounts. Grants awarded under this chapter cover a percentage of total eligible project costs up to a maximum grant award amount, as outlined in Table 1 for each grant subprogram in this chapter. The grantee shall be responsible for contributing the grantee match as specified in s.
NR 193.07 and any project costs that exceed the grant award amount.
a. The maximum amount of combined Education and Planning grant awards to a lake, river, or grantee may not exceed $50,000 in one state fiscal year as specified in s.
281.68 (2) (a), Stats.
b. The watercraft inspection program provides $4,000 for inspection activities carried out on each landing or pair of landings.
c. A maximum of $500,000 may be awarded annually for projects under this subprogram.
d. A grantee acquiring property through title in fee simple or rights to a property via a conservation easement shall ensure that the property provides for public access as provided in s.
281.71, Stats., unless the department determines, and documents in writing, that the property may be closed to public access to protect wild animals, plants or other natural features in accordance with s.
281.71 (1) (c), Stats.
NR 193.05 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in Table 1 made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.06
NR 193.06
Eligible and ineligible costs. NR 193.06(1)(1)
Eligible costs. The department may reimburse eligible project costs at the DNR cost-share percentage up to the maximum allowable grant award amount if the costs are reasonable and necessary for the project, documented, consistent with the approved application that is part of the grant agreement, directly related to the project, and incurred during the grant period. Eligible costs include any of the following:
NR 193.06(1)(a)1.1. Labor costs incurred by grantee staff, whether existing or new, to carry out project activities identified in the grant agreement. Labor costs
shall be based on the salary, hourly wages, fringe benefits and other items determined to be appropriate by the department that have been previously established by the grantee and paid to the employee at the time the expense was incurred for staff time.
NR 193.06(1)(a)2.
2. Direct administrative costs, including actual salary or hourly wages and fringe benefits incurred by immediate supervisors and support staff that can be tracked, charged directly to and accounted for by the project. Supervisors and support staff are understood not to be involved in the day-to-day implementation of the project. Costs under this subdivision may not exceed 10% of the project grant award amount.
NR 193.06(1)(b)
(b)
Supply and services costs. Costs for items directly related to the implementation of the project and the proportional share of costs for items only partially used for implementation of a project funded with a grant awarded under this chapter, including all of the following:
NR 193.06(1)(b)2.
2. Mileage costs, not to exceed the federal per-mile business rate.
NR 193.06(1)(b)3.
3. Reasonable planning, engineering, and design costs necessary to complete a regulatory permit application required to implement a project if the costs are incurred within 12 months prior to the grant application submittal deadline.
NR 193.06(1)(b)4.
4. Fees necessary for federal, state, or local permits required for implementation of the project.
NR 193.06(1)(b)5.
5. A proportional share of costs associated with implementation of the project.
NR 193.06 Note
Example: Suppose that an approved grant application included costs for annual rental of a multi-function machine for the office. Suppose further that there are 6 staff in that office, each working on different projects. The proportional share of the annual rental of the multi-function machine that can be assigned to a grant awarded under this chapter would be no more than 1/6 of the annual cost.
NR 193.06(1)(b)6.
6. Engineering, landscape architecture design, construction, consulting or other professional services.
NR 193.06(1)(b)7.
7. Sampling, monitoring, resource assessments and other field work and data collection costs.
NR 193.06(1)(b)8.
8. Analyses performed by the Wisconsin State Laboratory of Hygiene or another facility approved in writing by the department.
NR 193.06(1)(b)9.
9. Rental or lease of equipment and facilities necessary for the completion of the project.
NR 193.06(1)(b)10.
10. A proportional share of website design and maintenance costs associated with implementation of the project.
