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
NR 193.18 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (2) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.19(1)(1)
Progress reports shall accompany a grantee's request for partial payment. A grantee shall submit a progress report detailing project activities and accomplishments that have taken place during the reporting period at the same time a grantee requests partial payment. The department may also request a progress report from the grantee at any time, up to 4 times per year. A grantee shall submit such a report within 30 days of receiving the request.
NR 193.19(2)
(2) A final report shall accompany a grantee's request for final payment and shall comply with all of the following:
NR 193.19(2)(a)
(a) A final report shall detail the activities that occurred during the entire grant period with a written account of project actions, accomplishments, and any obstacles encountered.
NR 193.19(2)(b)
(b) A final report shall include all data collected, all grant deliverables specified in the grant agreement, and any educational products or formal summaries of findings produced.
NR 193.19(2)(c)
(c) A final report shall follow content or format guidelines specified by the department and shall be in an electronic format and suitable for distribution to and use by the public. The department may use the final reports, images and data for reporting, promotional, assessment or other purposes.
NR 193.19(2)(d)
(d) A final report is subject to approval by the department prior to final payment.
NR 193.19 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20.
NR 193.20
NR 193.20
Variances. The department may approve, in writing, a variance from a requirement of this chapter upon the written request of a grantee, if the department determines that a variance is essential to effect necessary grant actions or program objectives, and where special circumstances indicate a variance is in the best interest of the program. Before approving a variance, the department shall consider factors such as good cause and circumstances beyond the control of the grantee. The department may not approve variances from statutory requirements, or from appraisal, environmental inspection, or audit requirements.
NR 193.20 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.30
NR 193.30
Purpose. The purpose of this subchapter is to establish procedures for awarding cost-sharing grants for implementing a surface water management planning program. Projects eligible for funding under this subchapter include all of the following:
NR 193.30(1)
(1)
Surface water education projects, which provide information and education to increase understanding of surface water and aquatic ecosystems, including aquatic invasive species. Eligible projects may focus on surface water quality, the quality of aquatic ecosystems, the quality of aquatic life, methods to protect the quality of any of the foregoing, the use of surface water, or the formation of river management organizations.
NR 193.30(2)
(2)
Surface water planning projects, which support the assessment of surface water quality and aid in the selection of activities that will benefit surface water, including those that protect or improve water quality, prevent pollution from entering waterbodies, prevent aquatic invasive species, or protect or improve aquatic ecosystems.
NR 193.30 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20.
NR 193.31
NR 193.31
Surface water education. Surface water education projects eligible for funding under this subchapter include all of the following:
NR 193.31(1)
(1)
Surface water information and education.
Surface water information and education projects that accumulate new or existing information on surface water or aquatic ecosystems and disseminate it to broaden public understanding. Eligible projects may focus on surface water, aquatic ecosystems, aquatic life, water quality, the quality of aquatic ecosystems or methods to improve or protect any of the foregoing.
NR 193.31(2)
(2)
Aquatic invasive species information and education. Aquatic invasive species education projects that accumulate new or existing information about aquatic invasive species and disseminate it to broaden public understanding. Eligible projects may focus on aquatic invasive species, aquatic invasive species identification, threats posed by aquatic invasive species, effects on aquatic ecosystems, measures to prevent spread, or best practices for aquatic invasive species control. Projects shall be consistent with the department's statewide aquatic invasive species management plan for preventing the arrival and spread of aquatic invasive species.
NR 193.31(3)
(3) T
raining and skill development. Training and skill development projects that assist a grantee in developing and conducting workshops or other training and education programs for volunteers and participants in a lake or river planning or management project.
NR 193.31(4)
(4)
Organization development. Organization development projects that provide informational and educational activities to develop an organization's capacity to carry out planning or management projects. An organization may build its capacity by growing its membership, enhancing its relationships with partners, or building the organization's skills and resources. Eligible projects may also assist a grantee in the formation of goals and objectives for a planning or management project. Grant funds awarded under this subsection may be used to support other projects approved by the department that will aid in an organization's ability to protect or improve surface water or aquatic ecosystems.
NR 193.31(5)
(5)
River management organization formation. River management organization formation projects that provide programs and materials to assist in forming a river management organization or meeting the criteria of a qualified river management organization. Eligible activities may include training; education; facilitated planning programs; facilitated workshops; and the development, printing and dissemination of information, surveys and educational materials designed to understand or attract members.
NR 193.31 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (1) to (5) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.32(1)(1)
Eligible projects. Lake, river and aquatic invasive species planning projects eligible for funding under this subchapter include all of the following:
NR 193.32(1)(a)
(a)
Preparing to plan. Preparing to plan projects that assist a grantee in taking steps toward developing a management plan for a waterbody, a watershed, an aquatic plant community, aquatic life, or aquatic invasive species. Eligible projects include determining a waterbody's condition; outlining goals, expectations and priorities for management; inventorying existing data and identifying data gaps when they exist; identifying problems needing management; inventorying historical management actions; or assessing planning needs to define the scope and scale of a future planning or management project.
NR 193.32(1)(b)
(b)
Organization and community assessment. Organization and community assessment projects that assist in the protection or improvement of surface water by focusing on the social dimensions of collaborative planning or management projects. Eligible projects shall employ social science tools and methods and may identify stakeholders; determine a community's capacity to complete a planning or management project; assess a community's readiness to plan or manage; identify how a community uses, values or perceives an aquatic ecosystem; or study how use values or perceptions have changed over time.
NR 193.32 Note
Note: Social science tools and methods include surveys, interviews, focus groups, assessments, case studies and oral histories.
NR 193.32(1)(c)
(c)
Water quality assessment. Water quality assessment projects that evaluate data on surface water quality and report the findings of those evaluations. Eligible projects shall collect new or assemble existing water quality data and shall include an assessment of waterbody condition following the Wisconsin Consolidated Assessment and Listing Method, or WisCALM. Eligible activities include a quantitative evaluation of the degree that pollution sources contribute to water quality problems.
NR 193.32 Note
Note: Pollution sources include point source, nonpoint source, and internal loading.
NR 193.32(1)(d)
(d)
Watershed assessment. Watershed assessment projects that determine the causes and sources of pollution in the watershed that are contributing to water quality problems now or in the likely future. Eligible activities shall include one or more of the following: data collection and analysis; modelling; scenarios; protection inventories; or other work done to understand watershed characteristics likely to affect the quality of surface water or aquatic ecosystems now or in the future. Watershed projects may also include assessing groundwater quality and quantity and assessing contributions of septic systems to water quality problems.
NR 193.32(1)(e)
(e)
Aquatic life assessment. Aquatic life assessment projects that evaluate data on aquatic life and report findings. Eligible projects shall collect new or assemble existing data on an aquatic plant community, fish community, shoreline habitat, or other aquatic life feature approved by the department. Eligible activities may include one or more of the following: species-specific identification; an assessment of aquatic life quality or condition; mapping; population analysis; population modelling; any assessments necessary for aquatic invasive species control; and other aquatic life projects necessary for the protection or improvement of aquatic ecosystems.
NR 193.32(1)(f)
(f)
Comprehensive management planning for lakes and watersheds. Comprehensive management planning projects for lakes and watersheds that will result in a new or updated management plan for one or more of the following: a lake, a watershed, an aquatic plant community, aquatic invasive species prevention and aquatic invasive species. A management plan is a dynamic, written document that presents baseline information, explores management challenges, defines general management goals and objectives and provides strategic direction for selecting management actions and planning specific activities to accomplish plan objectives. The plan should present a set of recommended management actions and outline a plan for implementation, progress assessment, and plan updates. The public shall be given an opportunity to review the plan before it is adopted and provide comment. The grantee shall summarize comments received and use comments to modify the management plan, as appropriate.
NR 193.32 Note
Note: Management plans include watershed plans, Nine Key Element watershed plans, basin plans, Total Maximum Daily Load implementation plans, lake management plans, river management plans, county land and water plans, aquatic plant management plans, and aquatic invasive species control plans.
NR 193.32(1)(g)
(g)
Pre-implementation planning. Pre-implementation planning projects that result in a final design and specifications for a management plan implementation project eligible under s.
NR 193.51 (3). Eligible activities for pre-implementation planning projects include one or more of the following: site assessment, monitoring, modelling, environmental assessment, drafting engineering plans, drafting construction plans, landscape design, and site-specific specifications.
NR 193.32(1)(h)
(h)
Other assessments and planning projects. Other projects and activities necessary for developing or updating a management plan may be approved by the department as eligible for a grant awarded under this subchapter.
NR 193.32 Note
Note: Other assessments and planning projects include review, evaluation or development of ordinances and other local regulations related to the management of pollution sources, recreational use, or other human activities that may affect the natural beauty or other components of a lake or river ecosystem.
NR 193.32(2)
(2)
Education activities in planning projects. No more than 20% of the funding for a lake, river or AIS planning project may support education activities listed under s.
NR 193.31.
NR 193.32 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (1) (g) made under s.
13.92 (4) (b) 7., Stats., and correction in (1) (a) to (g) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.33
NR 193.33
Conditions for management plan development grants. A management plan completed under s.
NR 193.32 (1) (f) shall be submitted with a final report required under s.
NR 193.19 along with the request for final payment, with all of the following conditions:
NR 193.33(1)
(1) A plan shall comply with minimum plan requirements published in program guidance and available upon request.
NR 193.33(2)
(2) A plan shall include or be submitted along with a description of the process used to provide the public the opportunity to review and comment on the plan, a summary of comments received, and the steps the grantee took or intends to take to formally adopt the plan.
NR 193.33(3)
(3) The department will review submitted plans and may require modifications prior to final payment.
NR 193.33(4)
(4) If a grantee intends to apply for a management plan implementation grant under s.
NR 193.51 (3) or s.
NR 193.63 (2) or
(3), a grantee may request a determination of eligibility outlined under s.
NR 193.53 at the same time the grantee requests final payment.
NR 193.33(5)
(5) Approval of final payment does not necessarily constitute eligibility of plan recommendations under s.
NR 193.53. The department may determine that none, some, or all of the submitted management plan's recommendations for are eligible for a management plan implementation grant.
NR 193.33 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; corretion in (4) made under s.
13.92 (4) (b) 1., Stats.,
Register May 2020 No. 773.
NR 193.40
NR 193.40
Purpose. The purpose of this subchapter is to establish procedures for implementing a lake classification grant program as provided for in s.
281.69 (5), Stats. Grants awarded under this program will allow counties to assist the department to update and improve lake information, classify lakes by use, and implement activities that will protect water quality and lake ecosystems.
NR 193.40 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20.
NR 193.41
NR 193.41
Eligible grantees. Only counties and tribal governing bodies are eligible to apply for a County Lake Grant.
NR 193.41 Note
Note: Though s.
281.69 (5) directs this subprogram to counties only, s.
20.002 (13) provides that any state grant program available to a local government may also be made available to a tribal governing body as defined in this chapter. The scope of a lake classification project for a tribal governing body under this chapter would be limited to the geographic area within the tribe's reservation boundary.
NR 193.41 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20.
NR 193.42
NR 193.42
Eligible projects. One or more projects may be included in a single grant application. Any of the following projects are eligible for a County Lake Grant:
