Chapter NR 47

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.

NR 47.01 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

NR 47.02 NR 47.02 Applicability. This subchapter applies to all applicants for and recipients of grants under the forest stewardship program.

NR 47.02 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

NR 47.03 NR 47.03 Application procedures.

NR 47.03(1) (1) An eligible applicant, described under s. NR 47.05, may apply for a grant under this subchapter for purposes specified under s. NR 47.01. Applicants shall submit applications on prescribed department forms. Application forms shall include but not be limited to:

NR 47.03(1)(a) (a) A title and a description of the project.

NR 47.03(1)(b) (b) The objectives to be accomplished by the project.

NR 47.03(1)(c) (c) The value and benefits that will accrue from the project, consistent with the purpose of this subchapter.

NR 47.03(1)(d) (d) The timetable for completing the project.

NR 47.03(1)(e) (e) The estimated costs of the project.

NR 47.03(2) (2) Applications for grants shall be received by the department no later than the close of business on November 1 unless otherwise provided for on the application.

NR 47.03(3) (3) The department shall present applications to the committee for its recommendations.

NR 47.03(4) (4) The department shall evaluate applications to determine which applicants will receive grants according to the standards in this section.

NR 47.03(5) (5) Successful applicants shall be notified by the department in writing and sent a project agreement. Development work under the project agreement may not proceed until the agreement is signed by the department and the applicant.

NR 47.03(6) (6) Project agreements shall include, but not be limited to:

NR 47.03(6)(a) (a) Title and description of project.

NR 47.03(6)(b) (b) Name of project sponsor.

NR 47.03(6)(c) (c) Cost of project.

NR 47.03(6)(d) (d) All rules pertaining to the project.

NR 47.03 Note Note: Applications are available from the Bureau of Forestry, P.O. Box 7921, Madison, WI 53707.

NR 47.03 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92; am. (2), Register, May, 1999, No. 521, eff. 6-1-99.

NR 47.04 NR 47.04 Grant calculation. The grant under this subchapter shall be 50% of the actual eligible costs as provided in s. NR 47.07.

NR 47.04 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

NR 47.05 NR 47.05 Eligible applicants. Natural resource agencies, organizations and others interested in promoting the stewardship management of private nonindustrial forest lands are eligible to apply for a grant under this subchapter.

NR 47.05 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

NR 47.06 NR 47.06 Eligible projects; preference.

NR 47.06(1) (1) A project is eligible for funding under this subchapter if the project is capable of and directed towards achieving one or more of the following. Additionally, special emphasis may be placed, on an annual basis, in one of the following areas if designated in the application: