Chapter NR 47

NR 47.23 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

subch. IV of ch. NR 47 Subchapter IV — Small Business Administration Tree Planting Program

NR 47.30 NR 47.30 Purpose and scope.

NR 47.30(1) (1) The purpose of this subchapter is to implement and administer the United States small business administration’s natural resources development program as established under ch. 24 of the small business administration act of 1990 (15 USC 651) and regulated under 13 CFR parts 121 and 125.

NR 47.30(2) (2) The purpose of the natural resources development program is to provide grants to states for the purpose of units of government contracting with small businesses to plant trees on publicly owned or controlled property.

NR 47.30 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

NR 47.31 NR 47.31 Applicability. The provisions of this chapter are applicable to all villages, cities, towns, counties of the state, and state agencies applying for grants under this subchapter.

NR 47.31 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

NR 47.32 NR 47.32 Definitions. In this subchapter:

NR 47.32(1) (1) “Applicant” means the municipal government, county government or state agency applying for a grant under this subchapter.

NR 47.32(2) (2) “County government” means a Wisconsin county government or agency.

NR 47.32(3) (3) “District” means one of the 6 district field administrative offices of the department.

NR 47.32(4) (4) “Grantee” means the recipient of a grant under this subchapter.

NR 47.32(5) (5) “Indirect costs” are those costs not directly assignable to a grant, program or project. Such costs are generally administrative in nature, are incurred for a common or joint purpose or are not readily assignable to a project or program.

NR 47.32(6) (6) “Municipal government” means a Wisconsin village, city or town government or agency.

NR 47.32(7) (7) “Planting” means to set trees in the ground for growth and includes watering, application of fertilizer, herbicides, pruning and shaping and other subsequent care and maintenance for a period of 3 years after the trees are set in the ground.

NR 47.32(8) (8) “Program” means the SBA natural resources development program established under ch. 24 of the small business administration act of 1990 and regulated under 13 CFR parts 121 and 125.

NR 47.32(9) (9) “Project agreement” means a contract between the grantee and department setting forth the mutual obligations with regard to a portion or all of a specific project.

NR 47.32(10) (10) “Project period” means the period of time specified in the agreement during which all work shall be accomplished.

NR 47.32(11) (11) “SBA” means United States small business administration.

NR 47.32(12) (12) “Small business” means any business together with its affiliates having 100 employees or less and meeting the other regulatory requirements in 13 CFR part 121.

NR 47.32 Note Note: The term “affiliates” is defined in 13 CFR part 121.401. Rules for determining “number of employees” are in 13 CFR part 121.407.

NR 47.32(13) (13) “State agency” has the same meaning as a department as defined in s. 15.01 (5), Stats., or an independent agency as defined in s. 15.01 (9), Stats.

NR 47.32(14) (14) “Tree” means any species which is traditionally considered to be classified as a tree. “Tree” does not include shrubs.

NR 47.32 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

NR 47.33 NR 47.33 Allocation of funds.

NR 47.33(1) (1) SBA tree planting funds apportioned to Wisconsin each fiscal year shall be allocated on a pro rata basis to municipal governments, county governments and state agencies based on the ratio of the number of eligible project applications from each group divided by the total number of eligible projects.

NR 47.33(2) (2) Funds allocated to municipal governments, county governments or state agencies but not encumbered shall be reallocated to governments with outstanding grant applications in the following order:

NR 47.33(2)(a) (a) Municipal governments;

NR 47.33(2)(b) (b) County governments;

NR 47.33(2)(c) (c) State agencies.

NR 47.33 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

NR 47.34 NR 47.34 Application procedures.

NR 47.34(1) (1) An eligible applicant, described under s. NR 47.36 (1) may apply for a grant under this subchapter for the purposes specified under s. NR 47.36 (2).

NR 47.34(2) (2) Applicants shall submit applications on the prescribed department forms to the district office for the district where the applicant is located. The application shall indicate that:

NR 47.34(2)(a) (a) Trees shall be planted on publicly owned or controlled property;

NR 47.34(2)(b) (b) All tree planting under the project shall be conducted by small business contractors; and

NR 47.34(2)(c) (c) Purchased trees and supplies shall be purchased from small businesses.

NR 47.34(3) (3) The grant proposal shall to the extent possible divide the project to allow more than one small business concern to perform work under the project and promote increased employment in local communities.

NR 47.34(4) (4) Applications shall be received by the department district office no later than close of business on March 1 unless otherwise provided on the application.

NR 47.34(5) (5) The department shall evaluate completed applications and make preliminary determinations as to which applicants may receive grants.

NR 47.34(6) (6) The department shall submit its preliminary determinations to the SBA for review.

NR 47.34(7) (7) The department may not award grants before receiving SBA approval.

NR 47.34(8) (8) Successful applicants shall be notified by the department and sent a project agreement. Work under the project agreement may not proceed until the agreement is signed by the department and the applicant.

NR 47.34 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

NR 47.35 NR 47.35 Grant calculation.

NR 47.35(1) (1) A grant under this subchapter shall be 50% of actual eligible costs except that no grant may exceed $15,000 or be less than $2000.

NR 47.35(2) (2) If insufficient monies are available to fully fund the grant request, the applicant shall be contacted for approval of funding the project with the available monies.

NR 47.35 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

NR 47.36 NR 47.36 Eligibility.

NR 47.36(1) (1) Eligible applicants.

NR 47.36(1)(a) (a) Municipal governments, county governments and state agencies are eligible to apply for a grant under this subchapter.

NR 47.36(1)(b) (b) Tribal governments are not eligible to apply for grants under this subchapter.

NR 47.36(2) (2) Eligible projects. Projects for the purpose of contracting with small businesses to plant trees on publicly owned or controlled property are eligible.

NR 47.36(3) (3) Ineligible projects.

NR 47.36(3)(a) (a) Projects which do not use small businesses to plant all project trees are ineligible.

NR 47.36(3)(b) (b) Projects which use trees or supplies not procured from small businesses are ineligible except when trees are provided by the applicant’s own nursery or when bids for trees or supplies are solicited, but not received from small businesses.

NR 47.36 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

NR 47.37 NR 47.37 Eligible and ineligible costs.

NR 47.37(1) (1) Eligible project costs, reimbursable. Costs specified with contracts with small businesses for the purchase and planting of trees on publicly owned or controlled property are eligible for reimbursement.

NR 47.37(2) (2) Eligible project costs, non-reimbursable. The following costs are ineligible for reimbursement, but if reasonable are allowable for the 50% match for the project:

NR 47.37(2)(a) (a) Project administration costs;

NR 47.37(2)(b) (b) Indirect costs;

NR 47.37(2)(c) (c) Shipping fees;

NR 47.37(2)(d) (d) Costs of purchasing, planting or placing complementary ground covers;

NR 47.37(2)(e) (e) Value of in-kind or donated labor, supplies and equipment for maintaining planted trees for up to 3 years after planting;

NR 47.37 Note Note: Direct costs shall be supported by time sheets, vouchers or similar documentation reflecting specific assignment to the project. Actual fringe benefits may not exceed 34.6% of the direct labor costs claimed. Value of donated labor will be set by the department. Equipment rental rates or donated value shall not exceed the county equipment rates established annually by the department of transportation. To be fully eligible project costs under the grant, a capital purchase shall be used exclusively for project-related purposes over its useful life. Non-exclusive capital purchases may be charged as project costs only for that portion of depreciation equitably related to use in project activities.

NR 47.37(2)(f) (f) Value of trees provided from the grantee’s own nursery; and

NR 47.37(2)(g) (g) The value of trees or supplies provided by suppliers that are not small businesses if bids are solicited, but not received from small businesses.

NR 47.37(3) (3) Ineligible costs.

NR 47.37(3)(a) (a) Costs not directly associated with or necessary for the implementation of the project as determined by the department are ineligible for grant funding. Ineligible costs include, but are not limited to:

NR 47.37(3)(a)1. 1. Fines and penalties due to violations of, or failure to comply with, federal, state or local laws or regulations;

NR 47.37(3)(a)2. 2. Ordinary operating expenses of local government applicants, such as salaries and expenses of a mayor or city council members, that are not directly related to the project;

NR 47.37(3)(a)3. 3. Costs for which payment has been or will be received under another federal or state financial assistance program;

NR 47.37(3)(a)4. 4. Costs incurred in a contract which creates a real or apparent conflict of interest. An apparent conflict of interest arises when an official or employee of a grantee participates in the selection, awarding or administration of a contract supported by this project and:

NR 47.37(3)(a)4.a. a. The official or employee, or his or her spouse or partner, has an ownership interest in the firm selected for the contract; or

NR 47.37(3)(a)4.b. b. A person identified in subd. 4. a. receives a contract, gratuity or favor from the award of the contract.

NR 47.37(3)(a)5. 5. Costs incurred before or after the project period.

NR 47.37(3)(a)6. 6. Land costs or land charges.

NR 47.37 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

NR 47.38 NR 47.38 Grant selection process. In selecting projects for grants under this subchapter, the department shall give priority to the following listed in no particular order:

NR 47.38(1) (1) Applicants with a department, board or commission charged with the development and administration of a comprehensive tree care program.

NR 47.38(2) (2) Applicants with a tree ordinance, plan or administrative rule which describes public policies for tree planting, maintenance and removal.

NR 47.38(3) (3) Applicants with an ongoing forestry program budget. This funding need not be a specifically designated amount in the budget, but may include, but not be limited to, expenditures for tree removal, administration expenses, volunteer labor and other activity involved in managing trees.

NR 47.38(4) (4) Projects that properly prepare or modify planting sites to maximize survival.

NR 47.38(5) (5) Projects that select species adapted and appropriate for the site.

NR 47.38(6) (6) Projects that maximize benefits to the public.

NR 47.38(7) (7) Applicants that have a budget for replacement of project trees that die.

NR 47.38(8) (8) Projects that maximize small business involvement.