Chapter NR 47

Subchapter XIII — Weed Management Area Private Forest Grant Program

NR 47.960   Purpose and scope.

NR 47.961   Applicability.

NR 47.962   Definitions.

NR 47.963   Program administration.

NR 47.964   Eligibility.

NR 47.965   Costs.

NR 47.966   Grants.

NR 47.967   Payment.

NR 47.968   Reconsideration.

NR 47.969   Enforcement.

NR 47.970   Funding.

subch. I of ch. NR 47 Subchapter I — General Provisions

NR 47.001 NR 47.001 Purpose. The purpose of this chapter is to implement and administer grant and state aid programs pertaining to forestry and forest resources in the state.

NR 47.001 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

NR 47.002 NR 47.002 Definitions. For purposes of this chapter:

NR 47.002(1) (1) “Act” means the cooperative forestry assistance act as amended (16 USC 2101, et seq.).

NR 47.002(2) (2) “Committee” means the state forest stewardship coordinating committee created under s. NR 47.003.

NR 47.002(3) (3) “Department” means department of natural resources.

NR 47.002(4) (4) “Fiscal year” means October 1 through September 30.

NR 47.002 Note Note: This is the fiscal year of the United States government.

NR 47.002(5) (5) “Forest service” means United States department of agriculture, U.S. forest service.

NR 47.002(6) (6) “Landowner” means any private individual, group, association, corporation, Indian tribe or other native group, or other private legal entity, excluding corporations whose stocks are publicly traded or legal entities principally engaged in the production of wood products.

NR 47.002(7) (7) “Nonindustrial private forest land” means rural lands with existing tree cover or which are suitable for growing trees and owned by any landowner as defined in this section.

NR 47.002(8) (8) “Project” means the practice or activity for which funds are applied for under this chapter.

NR 47.002(9) (9) “State” means the state of Wisconsin.

NR 47.002(10) (10) “State forester” means the state forester of the department’s division of forestry, as appointed by the secretary of the department.

NR 47.002 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92; emerg. am. (1), eff. 11-10-00; correction in (10) made under s. 13.92 (4) (b) 6., Stats., Register January 2019 No. 757.

NR 47.003 NR 47.003 Forest stewardship coordinating committee.

NR 47.003(1) (1) Creation; composition. There is created a forest stewardship coordinating committee appointed by the state forester and chaired by the state forester or his or her designee. The state forester shall ensure that the membership of the committee is representative, to the extent practicable, of the following groups:

NR 47.003(1)(a) (a) The forest service, natural resources conservation service, farm service agency, and extension service;

NR 47.003(1)(b) (b) Representatives of:

NR 47.003(1)(b)1. 1. Local governments

NR 47.003(1)(b)2. 2. Consulting foresters

NR 47.003(1)(b)3. 3. Environmental organizations

NR 47.003(1)(b)4. 4. Forest products industry

NR 47.003(1)(b)5. 5. Forest land owners

NR 47.003(1)(b)6. 6. Land-trust organizations

NR 47.003(1)(b)7. 7. Conservation organizations

NR 47.003(1)(b)8. 8. The state fish and wildlife agency, and

NR 47.003(1)(b)9. 9. Any other individual determined appropriate by the state forester.

NR 47.003 Note Note: The composition of the committee is as directed in the act.

NR 47.003(2) (2) Role of committee. The committee shall make recommendations to the state forester on administration of the forest stewardship program.

NR 47.003 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92; correction in (1) (a) made under s. 13.92 (4) (b) 6., Stats., Register January 2019 No. 757.

NR 47.004 NR 47.004 Project reports.

NR 47.004(1) (1) Applicability. The provisions of this section apply only to subchs. II, IV and V.

NR 47.004(2) (2) Interim reports. Each grant recipient may be required to submit to the department at no less than 3 month intervals, by written request of the department, one or more interim reports which contain details of progress, findings, problems and other information regarding the status of a grant.

NR 47.004(3) (3) Final reports. Each grant recipient shall submit a final report to the department within 90 days after the grant expiration date. The final report shall include the following:

NR 47.004(3)(a) (a) Documentation of all project activities conducted during the grant period.

NR 47.004(3)(b) (b) Documentation of all project modifications that may have occurred, including the explanation of why modifications were necessary.

NR 47.004(3)(c) (c) Documentation of all public information and educational activities which were conducted.

NR 47.004(3)(d) (d) The conclusions and project results.

NR 47.004(3)(e) (e) An appendix that includes all references and supporting documents for the final report. A summary of all applicable state and federal laws and regulations shall also be made part of the appendix.

NR 47.004 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92; am. (2) and (3) (intro.), Register, May, 1999, No. 521, eff. 6-1-99.

NR 47.005 NR 47.005 Grantee accountability.

NR 47.005(1) (1) Applicability. The provisions of this section apply only to subchs. II, IV, V, VIII, IX and XII.

NR 47.005(2) (2) Records management. The grant recipient shall maintain an accounting system that accurately reflects all fiscal transactions, incorporates appropriate controls and safeguards, and provides a good audit trail, particularly to source or original documents, as directed in the project agreement.

NR 47.005(2)(a) (a) Fiscal controls and accounting procedures. Financial schedules and statements filed with grant applications and payment requests shall be based on records maintained under generally accepted accounting principles which meet the following minimum requirements:

NR 47.005(2)(a)1. 1. Project accounts shall separate grant receipts and eligible expenditures from those allocable to other programs and activities.

NR 47.005(2)(a)2. 2. Receipts and expenditures shall be listed in sufficient detail to provide a basis for accurate and complete program reporting.

NR 47.005(2)(a)3. 3. All project receipts shall be identified in sufficient detail to reflect their source and purpose.

NR 47.005(2)(a)4. 4. Supporting records for all project expenditures shall be itemized in detail to indicate the nature and appropriateness of each. Proof of payment, such as canceled checks or receipts from vendors, shall be maintained.

NR 47.005(2)(a)5. 5. Payroll records that reflect actual project hours worked by each employee as well as allocable gross wages and fringe benefits paid shall be maintained. Time and attendance records describing the work performed, specifying project hours worked by day, and both signed by the employee and bearing evidence of management review/approval, shall be maintained, along with computations showing hourly pay rates and allocation of fringe benefits.

NR 47.005(2)(b) (b) Consultant, construction and service contracts. Any work totaling $10,000 or more per year shall be covered by a formal contract or agreement specifying financial terms, contract duration and services to be rendered.

NR 47.005(3) (3) Records retention and auditing. The grantee shall retain all records pertaining to its project and make them available to the department on request for 3 years from the date of the final payment.

NR 47.005 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92; am. (1) and (3), Register, May, 1999, No. 521, eff. 6-1-99; CR 00-177: am. (1), Register July 2001, No. 547 eff. 8-1-01; CR 08-062: am. (1) Register May 2009 No. 641, eff. 6-1-09.

NR 47.006 NR 47.006 Grant variances.

NR 47.006(1) (1) The department may approve in writing variances from nonstatutory requirements of this chapter upon request of the grantee when it is determined that variances are essential to effect necessary actions or department objectives, and where special circumstances make variances in the best interests of the state. Before granting a variance, the department shall take into account factors such as good cause, circumstances beyond the control of the grantee and financial hardship.

NR 47.006(2) (2) The department shall no later than September 30 notify its advisory committees to the stewardship and urban forestry programs of variances requested and granted under this section in the previous 12 months and provide the information to others on request.

NR 47.006 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92; am. (1), Register, May, 1999, No. 521, eff. 6-1-99.

NR 47.007 NR 47.007 Grant termination.

NR 47.007(1) (1) The provisions of this section apply only to subchs. II, IV, V, VIII, IX and XII.

NR 47.007(2) (2) The department and a grantee may enter into an agreement to terminate the grant at any time. The agreement shall establish the effective date of termination of the project and the grant award, the basis for settlement of grant termination costs, and the amount and the date of payment of any sums due either party.

NR 47.007(3) (3) The department may terminate the grant in whole or in part and the grant recipient shall return the full grant amount if the department determines that:

NR 47.007(3)(a) (a) There has been no substantial performance on the demonstration project by the grantee, without good cause;

NR 47.007(3)(b) (b) There is substantial evidence that the grant was obtained by fraud; or

NR 47.007(3)(c) (c) There is substantial evidence of gross abuse or corrupt practices in the administration of the project.

NR 47.007 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92; am. (1), Register, May, 1999, No. 521, eff. 6-1-99; emerg. am. (1), eff. 11-10-00; CR 00-177: am. (1), Register July 2001, No. 547 eff. 8-1-01; CR 08-062: am. (1) Register May 2009 No. 641, eff. 6-1-09.

NR 47.008 NR 47.008 Enforcement.

NR 47.008(1) (1) The provisions in this section apply only to subchs. II, IV, V, VIII, IX and XII.

NR 47.008(2) (2) The department may impose the following sanctions for noncompliance with the provisions of this subchapter, or any grant made under this chapter:

NR 47.008(2)(a) (a) The grant may be terminated under s. NR 47.006.

NR 47.008(2)(b) (b) Program costs directly related to the noncompliance may be declared ineligible.

NR 47.008(2)(c) (c) Other administrative and judicial remedies may be instituted as legally available and appropriate.

NR 47.008(2)(d) (d) Repayment of some or all payments that are related to noncompliance may be required.

NR 47.008 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92; emerg. am. (1), eff. 11-10-00; CR 00-177: am. (1), Register July 2001, No. 547 eff. 8-1-01; CR 01-146: am. (1) Register May 2002 No. 557, eff. 6-1-02; CR 08-062: am. (1) Register May 2009 No. 641, eff. 6-1-09.

subch. II of ch. NR 47 Subchapter II — Forest Stewardship Grant Program

NR 47.01 NR 47.01 Purpose. The purpose of this subchapter is to establish procedures for the administration of federal grants to provide training to professionals, and education and assistance to landowners to carry out the objectives of the act, including the proper care and management of Wisconsin’s nonindustrial privately owned forest lands.