Chapter NR 47

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.

NR 47.38(9) (9) Projects that improve species diversity of the forest resource.

NR 47.38(10) (10) Projects that are innovative.

NR 47.38(11) (11) Applicants that have not received SBA tree planting grants in the past.

NR 47.38 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

NR 47.39 NR 47.39 Grant awards; payment.

NR 47.39(1) (1) Grant awards. Grants shall be awarded subject to execution of the department’s project agreement.

NR 47.39(2) (2) Payment.

NR 47.39(2)(a) (a) Grant payments may be made only upon approval of a claim supported by evidence of cost that the reimbursable work has been completed and scheduled match has been met to that point.

NR 47.39(2)(b) (b) The recipient shall submit reports as required in s. NR 47.004 documenting continuing maintenance costs to meet the match.

NR 47.39(2)(c) (c) Grant funds that are not matched over the course of the grant period shall be returned to the department.

NR 47.39(3) (3) Final audit. All payments are contingent upon final audit. Financial records including all documentation to support entries in the accounting records to substantiate charges for each project shall be kept available for review by state or federal officials for a period of 3 years after final payment.

NR 47.39(4) (4) Maintenance. Grantees shall agree to provide or be responsible for 100% of the maintenance of the planted trees.

NR 47.39(5) (5) Compliance. Grantees shall comply with all applicable state and federal regulations, certifications and assurances specified by the program.

NR 47.39 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

NR 47.40 NR 47.40 Extensions. Project extensions for the reimbursable portion of a project under this subchapter are not allowed.

NR 47.40 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

subch. V of ch. NR 47 Subchapter V — Urban and Community Forestry Grant Program

NR 47.50 NR 47.50 Purpose and scope. The purpose of this subchapter is to establish procedures for the awarding and administering of grants to municipalities and not-for-profit organizations for the purpose of funding urban and community forestry projects as authorized under the act and under s. 23.097, Stats.

NR 47.50 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

NR 47.51 NR 47.51 Applicability. The provisions of this subchapter are applicable to all counties, cities, villages, towns, tribal governments and not-for-profit organizations of the state applying for grants under this subchapter.

NR 47.51 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92.

NR 47.52 NR 47.52 Definitions. In this subchapter:

NR 47.52(1) (1) “Applicant” means the Wisconsin town, village, city, county, tribal government or not-for-profit organization that submits an application for a grant under this subchapter.

NR 47.52(2) (2) “Grantee” means the recipient of a grant under this subchapter.

NR 47.52(3) (3) “Municipal government” means a Wisconsin village, city or tribal government.

NR 47.52(4) (4) “Not-for-profit organization” includes organizations that meet the requirements of section 501(c)(3) of the United States internal revenue code of 1986 and other local community tree volunteer groups.

NR 47.52(5) (5) “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 47.52(6) (6) “Project period” means the period of time specified in the agreement during which all work shall be accomplished.

NR 47.52(7) (7) “Region” means one of the 5 regional field administrative units of the department.

NR 47.52(8) (8) “Urban forestry” means tree management, operations and education within cities, villages and other concentrated development.

NR 47.52 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92; am. (4), Register, May, 1994, No. 461, eff. 6-1-94; renum. (2) to (7) to be (7) and (2) to (6) and am. (4) and (7), cr. (8), Register, May, 1999, No. 521, eff. 6-1-99.

NR 47.53 NR 47.53 Application procedures.

NR 47.53(1) (1) An eligible applicant, described under s. NR 47.55 (1) may apply for a grant under this subchapter for the purposes specified under s. NR 47.55 (2).

NR 47.53(2) (2) Applicants shall submit applications on the prescribed department forms to the regional office where the applicant is located or as otherwise described by the department.

NR 47.53(3) (3) Applications shall be received by the department regional office no later than close of business on October 1 unless otherwise provided on the application.

NR 47.53(4) (4) The department shall evaluate completed applications to determine which applicants will receive grants according to the standards in this section.

NR 47.53(5) (5) 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 not before the starting date listed on the project agreement.

NR 47.53 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1998, No. 509; am. (2), (3) and (5), Register, May, 1999, No. 521, eff. 6-1-99.

NR 47.54 NR 47.54 Grant calculation.

NR 47.54(1) (1) A grant under this subchapter shall be no more than 50% of actual eligible costs except that no grant may exceed $25,000 or be less than $1000.

NR 47.54(2) (2) If insufficient monies are available to fully fund the grant request, the applicant will be contacted for approval of funding the project with the available monies.

NR 47.54(3) (3) The department and the USDA forest service may annually negotiate limits on federal monies available for grants under this subsection that may be used to fund tree planting projects.

NR 47.54 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92; am. (3), Register, May, 1994, No. 461, eff. 6-1-94; am. (1) and (3), Register, May, 1999, No. 521, eff. 6-1-99.

NR 47.55 NR 47.55 Eligibility.

NR 47.55(1) (1) Eligible applicants.

NR 47.55(1)(a) (a) Municipal governments, towns, counties and not-for-profit organizations are eligible to apply for a federally funded grant under this subchapter.

NR 47.55(1)(b) (b) Municipal governments are eligible to apply for a state funded grant under this subchapter.

NR 47.55(1)(c) (c) Municipal governments, counties and not-for-profit organizations may apply jointly for assistance under this subchapter.

NR 47.55(1)(d) (d) The department may require county, town and municipal governments to have on file with the department a comprehensive urban forestry management plan, approved by the department, to be eligible for grants for all projects except for the development of an urban forestry management plan.

NR 47.55(1)(e) (e) The department may require not-for-profit organizations to have on file with the department a constitution, bylaws or similar document, approved by the department, detailing the organization’s interest and activities in urban and community forestry.

NR 47.55(2) (2) Eligible projects. Requests for grant assistance shall relate to urban forestry and may include, but are not limited to:

NR 47.55(2)(a) (a) Development of comprehensive urban forestry management plans;

NR 47.55(2)(b) (b) Development of urban forestry ordinances;

NR 47.55(2)(c) (c) Performing inventories of existing trees and tree planting needs;

NR 47.55(2)(d) (d) Development of master tree planting plans;

NR 47.55(2)(e) (e) Development of integrated pest management or other urban forest maintenance plans;

NR 47.55(2)(f) (f) Training programs for community employees or volunteers;

NR 47.55(2)(g) (g) Development and implementation of urban forest management public information or involvement programs;

NR 47.55(2)(h) (h) Demonstration planting or maintenance projects whose primary purpose is to provide education, technology transfer or information exchange in urban and community forestry management.

NR 47.55(2)(i) (i) Urban forestry operations projects such as planting, pruning, removal and other tree maintenance.

NR 47.55(3) (3) Ineligible projects. The following projects are ineligible for grants under this subchapter:

NR 47.55(3)(a) (a) Stump removal;

NR 47.55(3)(b) (b) Land or boundary surveys or title search; and

NR 47.55(3)(c) (c) Appraisals involving sale or exchange of real property.

NR 47.55 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92; am. (1) (d), Register, May, 1994, No. 461, eff. 6-1-94; am. (1) (a), (2) (intro.), (g) and (3) (a), cr. (2) (i), Register, May, 1999, No. 521, eff. 6-1-99.

NR 47.56 NR 47.56 Eligible and ineligible costs.

NR 47.56(1) (1) Eligible costs, reimbursable. Reasonable and necessary project costs which are consistent with the approved project scope and incurred during the project period are eligible for grant funding. Eligible costs may include, but are not limited to:

NR 47.56(1)(a) (a) Salaries and fringe benefit costs of personnel engaged in the project;

NR 47.56(1)(b) (b) The cost of necessary supplies and equipment. Equipment costing more than $5,000 per unit is not eligible. To be fully eligible project costs under the grant, a capital purchase shall be used exclusively for project-related purposes over its useful life. Nonexclusive capital purchases may be charged as project costs only for that portion of depreciation equitably related to use in project activities.

NR 47.56(1)(c) (c) The costs of leased equipment and facilities for the length of the project;

NR 47.56(1)(d) (d) The reasonable value of in-kind contributions by the applicant of labor, equipment or facilities. Direct costs shall be supported by time sheets, vouchers or similar documentation reflecting specific assignment to the project. Actual fringe benefits may not exceed the current department fringe rate percentage of the direct labor costs claimed. The rate is established biennially by the department of administration and is available from the department urban forestry coordinators. Equipment rental rates may not exceed the county equipment rates established annually by the department of transportation and published in chapter 5 of the state highway maintenance manual. These rates are also available from the department urban forestry coordinators.

NR 47.56(1)(e) (e) Contract costs of qualified vendors to perform project activities.

NR 47.56(2) (2) Eligible costs, non-reimbursable. Reasonable value of donated labor, equipment, supplies, facilities or services are eligible project costs for the purposes of match, but are not eligible for reimbursement. To be fully eligible project costs under the grant, a capital donation shall be used exclusively for project-related purposes over its useful life. Nonexclusive capital donations may be charged as project costs only for that portion of depreciation equitably related to use in project activities. Value of donated labor will be calculated using rates established by the department.

NR 47.56(3) (3) Ineligible costs. 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: