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b. A detailed budget including a description of the amount and sources of other funds and resources that will be applied toward committee activities during the proposed project.
c. An explanation of how the proposed committee activities will alleviate a mining related impact or impacts.
d. A description of how the project will be coordinated with other and other local and joint impact committees.
e. A comprehensive description of the committee’s long-term plans and goals, including a description of the committee activities for which it anticipates that funding will be sought from the board and from other sources in the year subsequent to the proposed project and during the long-term planning period.
f. A description of how the proposed activities to be funded relate to the long-term plans of the committee.
(c) Application review process. All applications shall be reviewed by the board. The following criteria shall be used to evaluate each application:
1. The extent to which the impact is caused by metallic mining and the severity of the actual or potential impact.
2. The extent to which the applicant is prepared to deal with the mining impact and is using all possible resources to address the situation. Consideration shall be given to the following factors:
a. Whether the applicant will complement the project with other community assistance programs, resources, funds, or expertise.
b. Whether the applicant has demonstrated an ability and willingness to plan for its future.
c. Whether the applicant had demonstrated a willingness to cooperate with neighboring jurisdictions.
3. The extent to which the applicant will make effective use of a mining impact grant. Consideration shall be given to the following factors:
a. Whether the proposal is likely to accomplish its purpose and addresses the impact.
b. Whether the request is well-reasoned and cost-effective.
c. Whether the project duplicates other planned activities.
4. The extent to which funding for the impact is necessary.
5. The extent to which the applicant has received any payments under s. Tax 13.06.
6. The board shall consider the following additional criteria in evaluating a funding application submitted by a local impact committee:
a. The extent to which the funding proposal conforms with the statutory purposes of a local impact committee in s. 293.33 (1), Stats., and meets the requirements of s. 293.33 (4), Stats.
b. The adequacy of the local impact committee’s long-term plan and the appropriateness of the funding proposal in relation to the long-term plan.
c. The degree of support provided to the local impact committee by its appointing authority, including staff support, direct financial support, and approval by the appointing authority of the local impact committee’s activities, as evidenced by supporting resolution.
d. The efforts of the local impact committee to obtain additional funding from other sources.
e. The past success of the local impact committee in accomplishing its statutory purposes.
f. The performance of the local impact committee in financial audits and the steps taken by the local impact committee to correct inadequacies noted in audits.
7. The board shall consider the following additional criteria in evaluating a funding application submitted by a joint impact committee:
a. The extent to which the funding proposal conforms with the purposes of the joint committee specified in this chapter.
b. The adequacy of the joint impact committee’s long-term plan and the appropriateness of the funding proposal in relation to the long-term plan.
c. The degree of local support for activities of the joint committee, including staff services donated by municipalities within the area served by the joint committee, direct financial support received or anticipated to be received from local impact committees and municipalities within the area served by the joint committee and approval of the activities of the joint committee as evidenced by supporting resolutions from local committees, municipalities, and tribal governing bodies within the area served by the joint committee.
d. The efforts of the joint impact committee to obtain additional funding from other sources.
e. Past successes of the joint committee in implementing the purposes specified for the joint committee in this chapter.
f. Performance of the joint committee on financial audits and steps taken by the joint committee to correct inadequacies noted in any financial audit.
g. The adequacy of communications between the joint impact committee and the local impact committees, municipalities, and tribal governing bodies within the area served by the joint impact committee.
8. When providing partial funding or requiring local matching funds for a grant project, the board shall consider:
a. The extent to which the project is mining related.
b. The extent to which the project is necessary for alleviating a mining-related impact.
c. The extent to which outside funding is necessary.
d. The extent to which a municipality receives other revenues associated with a proposed or operating mine.
e. The amount of funds available in the investment and local impact fund and the short term and long term needs of mining communities throughout the state.
9. Priority for distribution of payments shall be determined in accordance with s. 70.395 (2) (h), Stats.
10. During the board review of the grant proposals, applicants may appear before the board on behalf of their applications.
(d) Decision and notification process. The board shall make its funding decisions on or before October 15. The board shall notify all applicants in writing of the action taken on their respective applications.
(e) Grant agreements. Grant decisions made by the board shall be formalized in a grant agreement between the board and the local government grant recipient. The terms of the grant agreement shall include:
1. The grant project period.
2. The purposes for which the grant shall be used.
3. The grant sum awarded.
4. Provisions for the maintenance of grant funds in a segregated account.
5. Provisions for the maintenance of records of grant expenditures and supporting documentation to substantiate the costs claimed.
6. Provisions for the return of unexpended funds to the board at the end of the project period or grant year.
7. Provisions for the submittal of an expenditure report to the board at the end of the project period or grant year to document the use of the grant award.
8. Other reasonable terms the board believes necessary to ensure the prudent use of the grant funds.
(f) Grant disbursements. The board shall disburse grant awards as follows:
1. Discretionary grant awards of $2,000 or less shall be disbursed to the grant recipient at the beginning of the grant project, after the grant agreement has been signed by both parties.
2. Grant awards for more than $2,000 shall be distributed on an as-needed basis. A grant recipient shall certify to the board project costs that have been incurred. A grant check shall be sent to the grant recipient within 3 weeks for the amount of the expenditure. To certify the expense, the grant recipient shall file a certification form with the board or submit a copy of the bill to document the expenditure.
(g) Appeals process. The grant appeal process shall include the following steps:
1. Any municipality which wants to appeal a funding decision by the board shall submit a written appeal to the board within 20 days after notification. The 20-day period begins on the day after the mailing of the board’s decision. The written appeal shall specify in detail:
a. How the board has made a material error of law,
b. How the board has made a material error of fact, or
c. New, pertinent information which was not available to the board at the time of its decision.
2. A representative of an appealing municipality may appear before the board prior to board action on the appeal. The board shall decide whether to reconsider action on an appeal within 30 days after receipt of the written appeal. Any municipality aggrieved by a funding decision of the board may petition the circuit court for a review of the board’s decision within 30 days of its original decision, or if an appeal has been sought as provided in this subdivision, within 30 days of the board’s decision on that appeal. The 30-day period begins on the day after the mailing of the board’s decision. The petition for review shall be served on the board and filed in the office of the clerk of circuit court as specified in s. 227.16, Stats.
(3)Emergency payments.
(a) Any discretionary funds available to the board, may be withdrawn and distributed by the board, at any time, to any municipality which demonstrates its need for financial assistance in alleviating a mining-related impact which is deemed by the board to be sudden and unforeseeable. The policies and procedures presented in sub. (2) (c), shall apply to the distribution and use of emergency reserve monies, except for the specified deadline dates.
(b) The board shall not consider requests for emergency payments from local or joint impact committees for administrative or operational expenses.
History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; r. and recr. Register, February, 1986, No. 362, eff. 3-1-86; am. (2) (a) 4., (2) (b), 2. intro. and a. to d. and (3), renum. (2) (c) 6. and 7. to be (2) (c) 9. and 10., cr. (2) (a) 4.a. to c., (2) (a) 6., (2) (b) 2. f. and (2) (c) 6. to 8., r. and recr. (2) (b) 2. c., Register, September, 1986, No. 369, eff. 10-1-86; am. (2) (c) 9. a., Register, August, 1993, No. 452, eff. 9-1-93; corrections in (2) (c) 6. a., 9. a. and c. made under s. 13.93 (2m) (b) 7., Stats., Register September 2006 No. 609; CR 16-076: r. (1), rn. (2) (c) 9. (intro.) to (2) (c) 9. and am., r. (2) (c) 9. a. to c. Register January 2018 No. 745, eff. 2-1-18.
Tax 13.08Expenditures.
(6)Mining-related costs. Municipalities may seek approval from the board for mining-related projects. Applications seeking expenditure approval shall contain:
(a) Documentation of a metallic mining impact.
(b) Documentation of need.
(c) Documentation that the proposal is well reasoned, cost effective, and will accomplish its purpose.
(8)Other allowable expenditures. Discretionary grants and other funds disbursed by the board may be applied toward a variety of uses as they relate directly to a mining impact project. In general, costs for the compensation of personal services, costs of materials and supplies, travel, and other administrative costs are allowable. All expenditures shall comply with state and local laws, rules, and policies. Costs which shall not be allowed include:
(a) Costs incurred prior to, and after, the effective date of a discretionary grant period.
(b) Costs of social activities, ceremonies, amusements, and other entertainment.
(c) Costs incurred for lobbying members of the legislature or other legislative activities.
(d) Costs incurred which are not directly related to the eligible funding activities listed in this chapter.
(9)Mining-related purposes. Except for any first dollar payments to a city, village, town, or Native American community, all funds distributed to a municipality by the board shall be used for mining-related purposes, in accordance with s. 70.375 (1) (bm), Stats.
History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; r. and recr. Register, February, 1986, No. 362, eff. 3-1-86; am. (1) (intro.), renum. (2) and (3) to be (7) and (8) and am., r. (4) and (5), cr. (2) to (6), Register, September, 1986, No. 369, eff. 10-1-86; emerg. am. (2) (intro.), (f) and (7) (a), eff. 2-14-92; emerg. am. (2) (intro.) (c), (f), (3) (a), (4) (a) and (7) (a), renum. (3) (j) to be (3) (k), cr. (3) (j), eff. 5-17-93; am. (1) (intro.), (2) (intro.) (c), (f), (3) (a), (4) (a), (7) (a) and (b), renum. (1) 11. to be (1) (k), renum. (3) (j) to be (3) (k), cr. (1) (L), (3) (j) and (9), Register, August, 1993, No. 452, eff. 9-1-93; corrections in (1) (h), (L), and (2) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register September 2006 No. 609; CR 16-076: r. (1) to (5), am. (6) (intro.), r. (7) Register January 2018 No. 745, eff. 2-1-18.
Tax 13.09Audits.
(1)All funds received from the board shall be placed in a segregated account. The board may require financial audits of the recipients of payments under s. 70.395 (2) (d) through (g), Stats. The financial audit may be conducted as part of a municipality’s annual audit, if one is conducted. The costs of the audits shall be paid by the board from the appropriation under s. 20.566 (7) (g), Stats. The audits shall consist of 3 parts:
(a) An examination of the municipality’s financial statements to assess the fairness with which they were reported;
(b) An evaluation of the expenditures to ensure that the grant funds were used for mining impact activities and complied with the grant contract and state laws and rules; and
(c) A review of the municipality’s internal accounting system to determine whether the grant was carefully managed, and where needed, provide suggestions to improve in-house procedures.
(2)The board shall attempt to insure that all grant recipients are audited periodically. In determining whether a grant recipient is to be audited in a particular year, the board shall give priority to:
(a) Grant recipients whose expenditure reports indicate that a financial accounting, compliance, or management problem exists.
(b) Grant recipients who have received grants of $25,000 or more for a given project or for a given year.
(c) Any other circumstances which might indicate that an audit would be in the public interest.
History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; r. and recr. Register, February, 1986, No. 362, eff. 3-1-86; r. (3), Register,, September, 1986, No. 369, eff. 10-1-86; correction in (1) (intro.)made under s. 13.93 (2m) (b) 7., Stats., Register September 2006 No. 609.
Tax 13.10Fiscal guidelines. All funds disbursed under this chapter shall be governed by the following provisions:
(1)Segregated accounts. All funds disbursed by the board shall be placed by the recipient government in a separate account and the use of funds clearly and directly identified by the accounting procedures listed in s. Tax 13.11.
(2)Investments. Funds may be invested by recipient governments where the investment of revenue is permitted under state and local law. Interest earned on investments shall be credited to the recipient’s segregated mining impact account and is subject to the same limitations which govern the accounting and expenditure of funds in this chapter. Funds may be invested separately or, for investment purposes, pooled with other cash of the jurisdiction. Where a governmental unit operates a pooled-cash investment program, it shall have an equitable procedure for allocating the interest earned on the total portfolio among all funds from which the cash was pooled.
(3)Loans. The recipient municipality may not loan funds to other activities, programs, or projects.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.