NR 193.12 Note
Example: An applicant submits a planning grant application, selecting the standard cost-share percentage of 67%. The application budget indicates cash costs of $20,000 and in-kind contributions of $20,000 for a total project cost of $40,000. The DNR cost-share rate of 67% would yield a potential grant award of $26,800 based on the cash costs and in-kind contributions. However, $26,800 is higher than actual cash costs identified in the budget of $20,000. As a result, the maximum grant award the department may provide is $20,000.
NR 193.12(2)
(2)
Awards and agreements. All grant awards will result in the issuance of a grant agreement that is subject to s.
NR 193.13. The grant agreement is a contract between the department and the grantee, and the grantee's receipt of the grant award is conditional upon its execution of the grant agreement. The grant agreement will contain the terms and conditions of the grant award, including a project scope describing what the project will accomplish. A project scope may include a summary of the specific goals and objectives, deliverables, products, tasks and timeline for a project funded under this chapter. A project scope may incorporate information submitted by the applicant in the grant application. A grant application for a project becomes part of the grant agreement by reference. The department and the grantee shall mutually agree to implement the grant agreement in accordance with the project proposal, application, terms, promises, conditions, plans, specifications, estimates, procedures, maps, and any assurances attached. The project proposal, application, terms, promises, conditions, plans, specifications, estimates, procedures, maps, and any assurances attached shall be a part of the agreement.
NR 193.12(3)
(3)
Amendments. A grantee may request, in writing and during the life of the grant agreement, an amendment to the grant agreement for expenditures that deviate from those which appear in the original grant agreement, for changes to the project scope, or for an extension of the grant period. The grantee shall provide to the department written justification for the amendment request. The department may consider the justification and the availability of grant funds. Amendments to the cost or project scope of the original agreement must be signed by the department and the grantee prior to the end date of the agreement. The department may require requests for cost amendment to be submitted during a subsequent application process to be ranked with new applications. Time extensions to the original agreement may be granted by the department in writing without the grantee's signature. Time extensions are not available for department-approved watercraft inspection programs. The department shall provide notification of the decision to approve or deny the amendment to the grantee in writing.
NR 193.12 Note
Note: To increase the likelihood of a successful amendment request, it is recommended that the grantee submit the request at least 2 weeks prior to the end date of the grant agreement.
NR 193.12 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (1) to (3) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.13
NR 193.13
Conditions for grant agreements. NR 193.13(1)(1)
General. The department may include conditions in a grant agreement related to any of the following:
NR 193.13(1)(a)
(a) Mandatory compliance with all applicable provisions of the Wisconsin statutes and the Wisconsin administrative code and all applicable federal, state, and local contract and bidding requirements in fulfilling terms of the grant agreement.
NR 193.13 Note
Note: The grantee should consult its legal counsel with questions concerning contracts and bidding.
NR 193.13 Note
Note: The department has developed the Procurement Guide for Local Governments Receiving DNR Grants, available on the department website.
NR 193.13(1)(b)
(b) Requirements for the grantee to obtain and comply with permits.
NR 193.13(1)(c)
(c) The range of elements that constitute the grant agreement.
NR 193.13(1)(d)
(d) That the grantee is bound to implement the grant agreement in its entirety.
NR 193.13(1)(e)
(e) Circumstances under which a grant agreement may be amended.
NR 193.13(1)(f)
(f) The expectation that the grantee use generally accepted accounting principles and practices.
NR 193.13(1)(g)
(g) A grantee's status as an independent contractor and ability to exert sole control over its employees and contractors.
NR 193.13(1)(h)
(h) The expectation that the grantee develop and enforce a written code of conduct for its employees or agents.
NR 193.13(1)(j)
(j) The methods, protocols, procedures, laboratory or analyses employed by a grantee to implement a grant agreement.
NR 193.13(1)(m)
(m) The expectation that a grantee will hire a contractor or agent using a professional service agreement.
NR 193.13(1)(p)
(p) The expectation that a grantee will record the grant agreement on the property title.
NR 193.13(1)(q)
(q) Restrictions of final payments and the timing of request.
NR 193.13(1)(r)
(r) The percentage of the grant award retained by the department for final payment.
NR 193.13(1)(s)
(s) The expectation that a grantee will make a project site available for inspection by the department.
NR 193.13(1)(t)
(t) Circumstances for grant agreement termination by the department related to grantee performance.
NR 193.13(1)(u)
(u) Circumstances under which a grantee must repay grant funds to the department for failure to comply with one or more conditions of the grant agreement.
NR 193.13(1)(v)
(v) Disposition of supplies, equipment, and capital assets by the grantee.
NR 193.13(1)(w)
(w) The obligation of a grantee to retain and disclose project financial records.
NR 193.13(1)(x)
(x) The responsibility of a grantee 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 the total of all federal of state grant funds received by the grantee is at least $750,000 during the grantee's fiscal year.
NR 193.13(2)
(2)
Special conditions. The department may include special conditions in a grant agreement for a grant awarded under this chapter. Special conditions typically include requirements that a federal agency has placed on the department through a federal grant and that are passed through to third parties that receive and use those federal funds. Special conditions may also include unique water quality or biological requirements or reporting requirements that are deemed appropriate by the department. A grant project that includes fee simple or easement land acquisition will also include special conditions related to the department's evaluation of offers to purchase, appraisals, land surveys, and other real estate costs approved by the department.
NR 193.13(3)
(3)
Essential conditions for land acquisition. Essential conditions for land acquisition projects are specified in s.
281.71 (1),
(2),
(3), and
(5), Stats., and apply to any applicant approved to acquire land with a grant under this chapter. The department shall include all essential conditions in a land acquisition grant agreement. Failure to comply with any essential condition will result in the title of the subject property being vested in the state.
NR 193.13 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (1) (f), (h), (k), (m), (n), (p), (r), (s), (w), (x), (3) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.14
NR 193.14
Maintenance and disposition of assets. A grantee may purchase supplies, equipment, or capital assets with a grant provided under this chapter, consistent with limitations for each subprogram and federal guidelines, if applicable. The grantee shall adhere to all of the following maintenance and disposition procedures for supplies, equipment, and capital assets purchased with grant funds awarded under this chapter:
NR 193.14(1)
(1)
Supplies. The grantee may retain, sell, or dispose of project supplies after the term of the grant agreement and may retain sale proceeds.
NR 193.14(2)(a)(a) The grantee shall maintain equipment purchased with a grant awarded under this chapter in good working order during the term of the grant agreement, including use of proper fuel, routine maintenance, and fresh batteries.
NR 193.14(2)(b)
(b) Equipment purchased with a grant awarded under this chapter may not be sold or donated during the term of the grant agreement.
NR 193.14(2)(c)
(c) After the term of a grant agreement the grantee may retain, sell, or donate equipment purchased with a grant under this chapter and may retain sale proceeds. Sales to state of Wisconsin employees are prohibited unless items are sold at announced public sales or auctions. Acceptable methods for sale or donation include any of the following:
NR 193.14(2)(c)5.
5. Donation, transfer, or sale to another grantee qualified to receive a grant under this chapter.
NR 193.14(2)(c)7.
7. Donation to a scrap yard or business when the equipment has no or limited value.
NR 193.14(3)
(3)
Capital assets. The grantee shall retain capital assets purchased with grant funds awarded under this chapter in good working order during the term of the grant agreement, including use of proper fuel, routine maintenance, and fresh batteries. Other conditions pertaining to capital assets include the following:
NR 193.14(3)(a)
(a) Capital assets purchased with grant funds awarded under this chapter may not be sold or donated during the term of the grant agreement.
NR 193.14(3)(b)
(b) Capital asset costs are depreciated over the useful life of the item and prorated for the length of the grant period.
NR 193.14 Note
Example: Suppose water sampling equipment costs $6,000 to purchase. Since the value is greater than $5,000 the equipment is considered a capital asset and shall be depreciated for grant purposes. Suppose further that the water sampling equipment has a useful life of 10 years. For a planning grant award with a 3-year term and 67% DNR cost share rate, the maximum amount that can be paid with grant funds awarded under this chapter is $1,206.
NR 193.14(3)(c)
(c) All of the following disposition procedures apply to capital assets purchased with grant funds awarded under this chapter:
NR 193.14(3)(c)1.
1. If the per-unit fair market value of the capital asset at the end of the grant project is less than $5,000, the grantee may retain, sell, or donate the capital asset and may retain sale proceeds. Sales to state of Wisconsin employees are prohibited unless items are sold at announced public sales or auctions. Acceptable methods for sale or donation are the same as for equipment, as described under sub.
(2) (b). For purposes of this subdivision, “fair market value” means the price agreed upon between a willing buyer and a willing seller, with neither being required to act, and both having reasonable knowledge about the make, model, age, condition, maintenance history, and other relevant facts about the capital asset.
NR 193.14(3)(c)2.
2. If the per-unit fair market value of the capital asset at the end of the grant project is $5,000 or more, repayment may be owed to the department if the capital asset is to be sold or donated to another party and the department provided cost-shared funding for the entire cost of the capital asset. Acceptable methods for sale or donation of capital assets after the life of the grant agreement are the same as described for equipment under sub.
(2) (c).
NR 193.14(3)(c)3.
3. If a grantee purchased a capital asset in part with federal funding, the capital asset is subject to federal law for purposes of asset disposal.
NR 193.14(4)
(4)
Disposition. A grantee shall retain records relating to disposition of the equipment and capital assets as a condition of the grant agreement and make such records available to the department upon request for a period of 6 years after the date of final sale.
NR 193.14 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (3) (c) 1., (4) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.15
NR 193.15
Required deed restrictions. NR 193.15(1)(1)
Cost-share agreements. If the land on which a project is installed has an operation and maintenance period of more than 10 years, but the land is not owned by the grantee, the grantee shall enter into a cost-share agreement with the landowner and record the cost-share agreement at the register of deeds office in the county where the property is located. The grantee shall use the cost-share agreement template provided by the department. This subsection does not apply to Healthy Lakes and Rivers projects.
NR 193.15 Note
Note: The cost-share agreement template is available from the department's Surface Water Grant Program website.
NR 193.15(2)(a)(a) If the land on which a project is installed has an operation and maintenance period of more than 10 years, and the land is owned by the grantee, the grantee shall record the grant agreement at the register of deeds office in the county where the property is located. This paragraph does not apply to Healthy Lakes and Rivers projects.
NR 193.15(2)(b)
(b) When a grant under subch.
VII is awarded for fee simple or conservation easement land acquisition, the grantee shall record the grant agreement at the register of deeds office in the county where the property is located. All obligations, terms, conditions and restrictions imposed by the grant agreement shall be deemed to be covenants and restrictions running with the property and shall be effective limitations on the use of the property from the date of recording of the grant agreement and shall bind the grantee and all successors and assigns in perpetuity.
NR 193.15 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20.
NR 193.16
NR 193.16
Professional service agreements.
NR 193.16(1)(a)(a) This section does not apply to counties, cities, towns, villages, or Wisconsin tribes.
NR 193.16(1)(b)
(b) A grantee who subcontracts or hires an agent to undertake any portion of a project requiring more than $5,000 of grant funding awarded under this chapter shall enter into a professional services agreement with the contractor or agent prior to the commencement of any contracted work using a form designated by the department. Agents include professional service providers, consultants, contractors, engineers, designers, attorneys, information technology specialists, planners, educators, and other professionals carrying out activities funded with a grant awarded under this chapter. A grantee who subcontracts or hires an agent shall comply with the cost-containment provisions under s.
NR 193.08. A grantee shall submit to the department the fully executed professional service agreement with its request for final payment.
NR 193.16 Note
Note: While it is not required, a grantee who subcontracts or hires an agent to undertake any portion of a project requiring less than $5,000 of grant funding awarded is encouraged to enter into a professional services agreement.
NR 193.16(2)
(2)
Exceptions. In those cases where the department approves planning or design costs needed for project work that requires a permit, the department understands that the professional services agreement will not be in place before contracted work begins. Likewise, for an Early Detection and Response project under the Aquatic Invasive Species grant program, the department may authorize project work to begin before a professional services agreement is in place.
NR 193.16 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (1) (a), (2) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.17
NR 193.17
Project quality assurance requirements. NR 193.17(1)(1)
A grantee shall ensure that its staff, contractors, volunteers, and service providers conducting activities funded with a grant awarded under this chapter complete minimum training requirements or demonstrate sufficient proficiency for grant-funded activities, when established by the department, prior to the start of the project. A grantee may contact department staff for information on training requirements or alternate proficiency standards and any department-sponsored training opportunities.
NR 193.17(2)
(2) A grantee shall ensure that all analyses conducted as part of a project funded with a grant awarded under this chapter are performed by the Wisconsin state laboratory of hygiene or a laboratory approved in writing by the department.
NR 193.17(3)
(3) A grantee shall implement department-approved quality assurance and quality control plans during the project period. If such protocols do not exist, a grantee collecting physical, biological, or chemical data may be required to submit a quality assurance and quality control plan to the department for approval prior to beginning a project funded with a grant awarded under this chapter. Quality assurance and quality control plans shall include details on the data and information to be collected, data quality standards for precision, accuracy, completeness and validation, and a plan for data management. The department may require program-approved monitoring protocols or maintenance activities necessary to track project progress or outcomes.
NR 193.17(4)
(4) A grantee shall submit to the department all data and other information acquired as part of a project funded with a grant awarded under this chapter in a format and frequency specified by the department in the grant agreement.
NR 193.17(5)
(5) A grantee shall employ program-approved protocols to accomplish project activities. If protocols are not available for proposed activities, an applicant may be required to submit a plan for department approval prior to beginning a project funded with a grant awarded under this chapter.
NR 193.17 Note
Note: Program-approved protocols include aquatic plant baseline monitoring, aquatic plant pre/post treatment monitoring, wetland plant community assessment and wetland pre/post treatment monitoring, water clarity and chemistry monitoring, aquatic invasive species early detection, prevention, and monitoring, lake classification and assessment, macroinvertebrate community monitoring, water quality monitoring, and social science.
NR 193.17 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20.
NR 193.18
NR 193.18
Grant payments. The department may make payments to the grantee, including advance payments, escrow payments and reimbursements, in the following manner:
NR 193.18(1)
(1) Grants awarded under this chapter are generally administered on a reimbursement basis. A grantee shall incur and pay all costs and invoiced work completed before requesting a partial or final payment from the department. A grantee shall submit to the department a request for reimbursement on forms designated by the department at a frequency determined by the department and specified in the grant agreement.
NR 193.18(2)
(2) The department may distribute one grant advance, with a maximum amount determined per subprogram using the percentage identified in Table 1 under s.
NR 193.05. The grantee may request a grant advance at the same time the grantee returns a signed grant agreement to the department.
NR 193.18(3)
(3) The department may only reimburse for eligible project costs incurred during the grant period, except when otherwise approved by the department in writing. For management grants, land acquisition grants notwithstanding, a grantee may request one partial payment per year. The total of all partial payments issued by the department may not exceed 90% of the total grant award. Education and Planning grants are not eligible for partial payments. Table 2 under sub.
(5) summarizes partial payments by grant program. A request for partial payment shall be submitted along with a progress report detailing activities that have taken place during the time period for which the grantee is seeking reimbursement and is subject to approval by the department.
NR 193.18(4)
(4) A request for final payment shall be submitted no later than 6 months after the end of the grant period. Final payment requests shall be accompanied by a final report detailing activities that have taken place during the entire project period and documentation for the costs being claimed. The final payment may not be issued by the department until final costs have been reviewed, final reports have been approved, required audits have been completed successfully, and the department has made a determination that the grant agreement has been satisfactorily fulfilled.
NR 193.18(5)
(5) All project costs are subject to a post-audit process that may take place after partial and final payments are issued by the department. If a determination is made that payments were made in error, the grantee may be required to make a repayment to the department.
TABLE 2
