NR 193.06 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (1) (a) 1., (c), (d), (2) (intro.), (k) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.07(1)(1)
The grantee shall pay the grantee match for a grant awarded under this chapter using funds not provided by the department. The minimum grantee match shall amount to the percentage of the total project cost that is specified in Table 1 under s.
NR 193.05. The grantee shall confer with the department if the grantee match includes federal funds or other state funds to determine applicability as grantee match.
NR 193.07(2)(a)
(a) Eligible sources of grantee match may be cash or in-kind contributions. Cash match may include cash from the grantee; funds generated by local, non-department state or federal governments; and grants or contributions from foundations, businesses, private individuals or nonprofit organizations. In-kind contributions shall otherwise be eligible expenses under the awarded grant subprogram and shall conform to the requirements of expense eligibility for that particular subprogram, except as indicated under subd.
6. In-kind contributions may include any of the following:
NR 193.07(2)(a)1.
1. Labor from grantee staff established by grantee time sheets including salary, hourly wages, fringe benefits, and other costs determined by the department to be appropriate for the direct implementation and administration of the project.
NR 193.07(2)(a)2.
2. Donated labor from volunteers, the maximum value of which is established by the department and included in the Surface Water Grant Program Guidance available on the Surface Water Grant Program website. Volunteers shall be at least 14 years of age in order for their time to be eligible as match.
NR 193.07 Note
Note: For a county conducting a project requiring compliance with U.S. department of agriculture natural resources conservation service standards, the value of donated labor rate in that county may be established by the U.S. department of agriculture farm service agency.
NR 193.07(2)(a)3.
3. Donated professional services with the value determined in writing by the donor on donor letterhead.
NR 193.07(2)(a)4.
4. Donated supplies or construction materials, with the value determined in writing by the donor.
NR 193.07(2)(a)5.
5. Donated equipment, with the equipment purchase and rental value determined by the WisDOT's Classified Equipment Rates Standard and Special Rated Units for highway equipment. If the item donated does not appear on the WisDOT's Classified Equipment Rates Standard and Special Rated Units document, the applicant shall determine the value of donations using one of the following methods:
NR 193.07(2)(a)5.a.
a. By choosing the closest equipment equivalent from WisDOT's Classified Equipment Rates Standard and Special Rated Units for highway equipment. Where the WisDOT's Classified Equipment Rates Standard and Special Rated Units for highway equipment lists “rate set locally,” the department may determine a rate as published in the Surface Water Grant Program Guidance.
NR 193.07(2)(a)5.b.
b. By determining the current market value using at least 3 estimates for purchase of equipment from vendors within the vicinity of the project. The lowest estimate will be used to establish the value of donated equipment. The applicant shall submit copies of all estimates with the grant application and the grantee shall maintain copies of estimates in the grantee's project file.
NR 193.07(2)(a)5.c.
c. By determining the daily market rental rate at the time of application. The applicant shall establish the daily market rental rate using at least 3 estimates for the daily rental rate of equipment from vendors within the vicinity of the project. The lowest estimate will be used to establish the value of donated equipment use, prorated to reflect the number of hours of actual use.
NR 193.07 Note
Example: Presume the daily market rate for renting a trailer is $60 every 8 hours, and the project requires 2 hours of use. The donated value for the trailer rental would amount to $15.
NR 193.07 Note
Note: An applicant shall use the version of the WisDOT's Classified Equipment Rates Standard and Special Rated Units for highway equipment in effect in the year in which the equipment usage occurred. The rates for equipment may be obtained from the Wisconsin department of transportation. See the department's Surface Water Grant Program website for the current Wisconsin department of transportation's Classified Equipment Rates published in the State Highway Maintenance Manual.
NR 193.07(2)(a)6.
6. Eligible costs associated with a watercraft inspection project as outlined in s.
NR 193.63 if the costs are used as grantee match for Education grants and Lake, River and AIS Planning grants. Watercraft inspection costs funded in part with state dollars are not eligible sources of grantee match.
NR 193.07(2)(a)7.
7. Other costs determined by the department to be necessary to carry out a successful project.
NR 193.07(2)(b)
(b) The grantee shall track match expenditures by subcategory shown in the approved project budget, maintain proofs of purchase and proofs of payment for cash expenditures, and maintain all documentation that established the value for all donated, in-kind contributions.
NR 193.07(2)(c)
(c) The grantee shall track the substantiated value of donated materials, equipment, services, and labor as all or part of the local share of the project costs.
NR 193.07 Note
Note: In-kind contributions may come from grantee members or from third parties. For grant purposes, “third parties” are neither the department of natural resources nor the grantee.
NR 193.07 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (2) (a) (intro.) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.08(1)(1)
Procedures. A grantee shall implement cost containment measures for all capital assets and any supply, service, or equipment item purchased by a grantee for projects funded with a grant awarded under this chapter if the cost exceeds $2,500. The grantee shall identify the cost containment procedure used when requesting reimbursement. The department may request that the grantee submit proof of cost containment procedures used in an application. The grantee shall use one or more of the following cost containment procedures:
NR 193.08(1)(a)
(a)
Average cost. Using cost information obtained within the 12 months prior to the start date of the grant agreement, determine an average cost per unit of material or labor for the implementation of activities. The grantee may use information obtained from the department, other departments, or other sources to determine average costs. Under this option, eligible project costs may not exceed the average cost.
NR 193.08(1)(b)
(b)
Competitive bidding. Following the requirements under ch.
16, Stats., a grantee may request bids from contractors for the implementation of practices listed in a grant agreement. The grantee shall identify criteria for determining acceptable qualifications and publish these with the bid notice. Under this option, a grantee may select the lowest responsible bidder.
NR 193.08 Note
Note: Applicants may wish to review the Procurement Guide available on the Surface Water Grant Program website.
NR 193.08(1)(c)
(c)
Flat rate. The department may establish flat rates for eligible costs funded under this chapter. An applicant or grantee may choose to use the department's flat rate as one means of cost containment. Cost containment for services provided by a sub-unit of a local government may use one or more of the flat rates chosen by that sub-unit of local government. The grantee may use data obtained from the department, other departments, or from other sources to determine a flat rate.
NR 193.08 Note
Note: Flat rates will be published by the department on the Surface Water Grant Program website.
NR 193.08(1)(d)
(d)
Force account. A grantee may assign its employees to implement a practice.
NR 193.08(1)(e)
(e)
Alternative cost containment measures. The grantee may propose an alternative cost containment procedure if the alternative is determined to be more effective than the cost containment procedures described in pars.
(a) to
(d). The grantee shall identify the alternative in the grant application it submits for review and approval by the department.
NR 193.08(2)
(2)
Donations. The value of donated materials and supplies, equipment, services, and labor necessary to implement practices shall be established using cost containment procedures in this section. The department may request that the grantee submit proof of procedures used to value donations related to a project. All sources of grantee match, including donations, shall be indicated in the grant application submitted under this chapter.
In-kind contributions shall abide by the all of following cost containment measures:
NR 193.08(2)(a)
(a) The maximum value of donated professional labor may not exceed the prevailing local market wage for equivalent work.
NR 193.08(2)(b)
(b) The maximum value of donated non-professional labor may not exceed the rate established by the department.
NR 193.08 Note
Note: The rate established by the department will be published on the Surface Water Grant Program website.
NR 193.08(2)(d)
(d) The value of donated materials and services may not exceed market rates and shall be established by invoice.
NR 193.08(3)(a)(a) Cost containment procedures established in this section do not apply to fee simple or easement land acquisition under subch.
VII. Cost of land acquisition shall in all cases be determined by appraisal approved by the department.
NR 193.08(3)(b)
(b) To further control certain supplies, services, or equipment to be purchased by the grantee for department-approved projects, the department may establish a maximum cost for some supplies, services, equipment or activities in a landowner incentive program. Department-established award caps will be identified in the Surface Water grants Applicant Guide published by the department on the Surface Water Grant Program website at least 90 days before the grant application submission deadline.
NR 193.08 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (3) (b) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.09(1)(a)(a) An application may be submitted to the department at any time prior to the deadlines established by the department for each subprogram under this chapter.
NR 193.09(1)(b)
(b) To be considered for grant funding, complete applications shall be post-marked no later than the application deadline for applications that are mailed, or shall be sent via email to the department no later than 11:59:59 p.m. on the application deadline.
NR 193.09(1)(c)
(c) An applicant may request a pre-application meeting to review project eligibility and receive technical or project planning assistance at any time but no fewer than 30 days prior to the application deadline.
NR 193.09(1)(d)
(d) The department may require a grantee to complete a pre-proposal or to participate in a pre-application meeting in advance of the application deadline for projects proposed for funding under this chapter.
NR 193.09 Note
Note: Application forms and guidance on deadlines are available from the Surface Water Grant Program website. Pre-application meetings should occur early in the project planning process, well in advance of the application deadline.
NR 193.09(1)(e)
(e) The department may accept Aquatic Invasive Species Early Detection grant applications year round.
NR 193.09(2)(a)(a) The department will only score and rank complete applications. A complete application adheres to application instructions, provides all information requested on the application, and includes any other supporting documentation requested by the department. The department will review the application for completeness within 30 days of receipt and may request any additional information necessary to complete the application. The application is not considered complete until the additional information requested by the department has been received. If the application deadline has passed, the department may determine that an incomplete application is ineligible.
NR 193.09(2)(b)
(b) The department will review complete applications for eligibility. If the department determines an application is ineligible, the department will supply an explanation for the determination in writing. A grantee may request an eligibility review from the department no fewer than 30 days prior to the application deadline by submitting a request in writing along with a complete application. Prior to the application deadline, a grantee may address the eligibility concerns and submit a revised application for reconsideration. If the application deadline has passed, a revised application will only be considered during the next annual grant cycle. An application may be considered ineligible for any of the following:
NR 193.09(2)(b)1.
1. The application lacks information needed to evaluate and score the application.
NR 193.09(2)(b)2.
2. The application lacks the clarity needed to understand the justification, activities or likely outcomes of the project.
NR 193.09(2)(b)3.
3. The application proposes activities that are inconsistent or that would result in outcomes that are inconsistent with one or more of the goals and objectives for surface water planning and management as described in this chapter, its enabling statutes, or program guidance.
NR 193.09(3)
(3) Funding flexibility. The department may determine if an application fits into more than one subprogram under this chapter. Each application may be scored against criteria for all applicable subprograms for which it qualifies.
NR 193.09(4)(a)(a) Following review for completeness and eligibility, department staff may evaluate the strengths of each application in consideration of funding priorities established under s.
NR 193.11. Applications may be scored according to criteria published by the department and ranked by subprogram, from highest to lowest project score.
NR 193.09(4)(b)
(b) The department may establish a minimally acceptable score for applications submitted under each subprogram.
NR 193.09 Note
Note: The department's scoring criteria and minimally acceptable score are available on the Surface Water Grant Program website.
NR 193.09(5)
(5)
Applicant notice. The department will notify applicants of the status of their grant applications and the rank of their application when compared to all other applications. If the department is unable to provide the amount of grant funding requested by the applicant, the department may notify the applicant, in writing, of the basis for funding denial.
NR 193.09(6)(a)(a) The department will prepare a new or update an existing project priority list following scoring and ranking of applications submitted to the department. The project priority list includes all applicants that will be offered grant funding, ranked in order of project score. Available funding will be offered to applications in the order they appear on the project priority list.
NR 193.09 Note
Note: The department will publish the project priority list on the Surface Water Grant Program website.
NR 193.09(6)(b)
(b) The department may offer financial assistance to an applicant in an amount less than requested for the following reasons:
NR 193.09(6)(b)1.
1. Available grant funding is insufficient to fully fund a project in that subprogram. In the event 2 or more applications have an identical score but the funding remaining is insufficient to fund both projects, the department shall offer the applicants an identical percentage of their projects' total request.
NR 193.09 Note
Note: Two projects with the same score request funding in the amounts of $200,000 and $10,000 but the available grant funding amounts to $20,000. Each of the projects shall be offered 9.52% of their total request, or $19,040 and $952 respectively.
NR 193.09 Note
$10,000x+$200,000x=$20,000 where x =9.52%
NR 193.09(6)(b)2.
2. The department determines a proposed activity is not necessary to meet the goals of the Surface Water Grant Program.
NR 193.09 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (1) (d) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.10(1)(1)
Each grant application for a project on a public waterbody shall include a description of the existing and, if applicable, proposed public access. The description shall include current and future public use at all access sites, a map of the waterbody or project area, the location and numbers of carry-in sites and boat landings, numbers of car and trailer parking spaces or street parking options, and the location or proximity of public parks or other public access features.
NR 193.10(2)
(2) The department may not provide grant awards for natural resources enhancement services on waterbodies that do not meet the minimum public boating access standards provided in s.
NR 1.91 (4) or the alternative public boating access standards provided in s.
NR 1.91 (6).
NR 193.10(3)
(3) The department may provide grant awards for resource protection services under s.
NR 1.91 (4) (c) if public boating access is not available on a waterbody.
NR 193.10 Note
Note: Early detection and response projects funded with a grant awarded under subchapter VI for prohibited species identified in ch.
NR 40 are considered resource protection services.
NR 193.10 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (1) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.11(1)(1)
The department will establish grant funding priorities for each subprogram under this chapter, which may include a consideration of the degree to which the project will do any of the following:
NR 193.11(1)(a)
(a) Enhance knowledge and understanding of surface waters and aquatic invasive species.
NR 193.11(1)(b)
(b) Build an organization's capacity to carry out planning and management projects.
NR 193.11(1)(c)
(c) Protect or restore water quality or an aquatic ecosystem's quality, integrity, or provision of services.
NR 193.11(1)(d)
(d) Execute the priorities or recommendations of a management plan.
NR 193.11(1)(g)
(g) Implement a strategic prevention and control strategy for an AIS population.
NR 193.11(1)(i)
(i) Make efficient use of resources or leverage additional funding.
NR 193.11(1)(j)
(j) Provide aid to ecosystems that are high quality or have critical restoration or protection needs.
