Chapter NR 47

NR 47.916 History History: Emerg. cr. eff. 11-10-00; CR 00-177: cr. Register July 2001, No. 547 eff. 8-1-01.

NR 47.917 NR 47.917 Eligible and ineligible costs.

NR 47.917(1) (1) Eligible costs. Applicant expenditures eligible for reimbursement under this subchapter shall be documented and provided to the department with any request for cost-share reimbursement. Eligible costs from July 1 to June 30 of each year are subject to cost share reimbursement under this subchapter. Reimbursement for treatment and administration of a block may not be more than the maximum for the appropriate category for the block or portion thereof as described in s. NR 47.915 (1) (a) to (c). The following items are eligible for cost share reimbursement under this subchapter only if aerial treatments are conducted and the costs are eligible under this subchapter and as identified in the grant agreement:

NR 47.917(1)(a) (a) Topographic maps, aerial photos, weather monitoring equipment and personal safety equipment.

NR 47.917(1)(b) (b) Contracts for specialized equipment, including the rental of 2-way radios identified in the agreement between the department and the applicant.

NR 47.917(1)(c) (c) Communication supplies, including the rental of communication equipment used to coordinate the aerial treatment. Costs incurred for cellular phone service is limited to the period of April 20 through June 10 if the expenses are directly related to aerial treatments.

NR 47.917(1)(d) (d) Landowner notification supplies, including supplies and postage for notification letters, costs of publication of legal notices, costs associated with the public meeting to discuss specific proposed spray blocks, phone bills and documented proportion of office rental.

NR 47.917(1)(e) (e) Educational materials, including the costs of producing or reprinting publications, literature and maps necessary to inform the public about the suppression program.

NR 47.917(1)(f) (f) Newspaper advertisements, including the announcement of the availability of the suppression program and the winter public meetings.

NR 47.917(1)(g) (g) Personnel costs, including salary, wage and benefits for time administering the cost sharing program for treated blocks for personnel including the local coordinator, secretarial support, temporary employees and tax office support.

NR 47.917(1)(h) (h) Travel, including mileage accrued in vehicles used in preparation of sprayed blocks and during suppression activities, not to exceed the standard rates set by the department of transportation.

NR 47.917(1)(i) (i) Post-suppression defoliation evaluation costs.

NR 47.917(2) (2) Ineligible costs.

NR 47.917(2)(a) (a) Costs associated with treatment blocks which are not sprayed are ineligible for cost sharing.

NR 47.917(2)(am) (am) Costs associated with treatments other than the state organized aerial suppression program. Such ineligible treatments include spray treatments from the ground, oiling egg masses, and use of barrier or collection bands.

NR 47.917(2)(b) (b) The cost of capital equipment that is not directly necessary or dedicated to the completion of the suppression project and identified in the agreement with the department is ineligible for cost sharing.

NR 47.917(2)(c) (c) The cost of surveys and biological evaluations in areas other than the project area are ineligible for cost sharing.

NR 47.917(2)(d) (d) The salaries of temporary and permanent personnel for time not directly related to the suppression project are ineligible for cost sharing.

NR 47.917(2)(e) (e) Professional meetings and conferences are ineligible for cost sharing.

NR 47.917 History History: Emerg. cr. eff. 11-10-00; CR 00-177: cr. Register July 2001, No. 547 eff. 8-1-01; CR 04-137: am. (1) (intro.), (f) and (i), cr. (2) (am) Register October 2005 No. 598, eff. 11-1-05.

NR 47.92 NR 47.92 Logging certification scholarships.

NR 47.92(1) (1) Purpose. The purpose of this section is to establish standards and procedures for implementation of a grant program to contribute funds to individuals seeking Wisconsin master logger certification.

NR 47.92(2) (2) Applicability. This section applies to individuals applying for master logger certification as administered through the Wisconsin Professional Loggers Association.

NR 47.92(3) (3) Definitions. In this section:

NR 47.92(3)(a) (a) “In-woods harvesting equipment” means the equipment necessary to enter a harvesting site, and to harvest, process and remove the designated forest products including, but not limited to, excavating equipment, chain saws, mechanized tree harvesters, skidders, forwarders, slashers and chippers.

NR 47.92(3)(b) (b) “Master Logger Advisory Board” means a third party board, independent of WPLA, that provides oversight and monitoring for the Wisconsin master logger certification program.

NR 47.92(3)(c) (c) “Master logger certification program” or “MLCÓ” means a performance-based program copyrighted and sanctioned by the American Loggers Council that establishes national standards of performance for the logging profession.

NR 47.92(3)(d) (d) “Scholarship” means a sum of money that is credited towards an individual’s application fee to offset part of the program cost of processing applicants for master logger certification.

NR 47.92(3)(e) (e) “State fiscal year” means the time period commencing at July 1 and ending the following June 30.

NR 47.92(3)(f) (f) “Wisconsin certified master logger” means an applicant who has been audited, and met or exceeded standards and practices that have been developed and approved for Wisconsin by WPLA, the Master Logger Advisory Board, and the American Loggers Council.

NR 47.92(3)(g) (g) “WPLA” means the Wisconsin Professional Loggers Association.

NR 47.92(4) (4) Application and grant procedure.

NR 47.92(4)(a) (a) An individual may apply for a scholarship under the logging certification scholarship program using an application form provided by WPLA. The application shall include the applicant’s name, address, contact information, and an application fee.

NR 47.92(4)(b) (b) Application forms shall be available from and filed with the WPLA.

NR 47.92 Note Note: The address for WPLA is P.O. Box 326, Tomahawk, WI 54487

NR 47.92(4)(c) (c) To be eligible for a scholarship an applicant shall do all of the following:

NR 47.92(4)(c)1. 1. Be in the business of purchasing timber stumpage, or of subcontracting with another party to fulfill a timber harvesting contract.

NR 47.92(4)(c)2. 2. Be an independent contractor as defined in s. 102.07 (8), Stats.

NR 47.92(4)(c)3. 3. Be responsible for on-site timber harvest activities.

NR 47.92(4)(c)4. 4. Own, lease, or rent and operate in-woods timber harvesting equipment.

NR 47.92(4)(d) (d) The application fee for individuals seeking to become a Wisconsin certified master logger shall be established on July 1 of each year by the Master Logger Advisory Board. The application fee shall include the cost of all of the following:

NR 47.92(4)(d)1. 1. Audit process, including time and expenses.

NR 47.92(4)(d)2. 2. Training directly related to the audit process.

NR 47.92(4)(d)3. 3. Record keeping and administrative costs directly associated with MLCÓ.

NR 47.92(4)(d)4. 4. Information outreach on MLCÓ to prospective applicants and owners of Wisconsin woodlands.

NR 47.92(4)(e) (e) Scholarships shall be applied as a credit to the eligible individual’s application fee.

NR 47.92(4)(f) (f) WPLA shall submit a listing of eligible scholarship applicants to the department quarterly based on the state fiscal year.

NR 47.92(4)(g) (g) The department shall provide payment to the Wisconsin master logger certification program for scholarships as provided in par. (e) and sub. (6) (a) quarterly, based on the state fiscal year.

NR 47.92(4)(j) (j) An individual may not receive a logging certification scholarship more than once every 2 years for initial Master Logger certification.

NR 47.92(5) (5) General provisions.

NR 47.92(5)(a) (a) The department shall maintain a liaison to the WPLA board of directors.

NR 47.92(5)(b) (b) WPLA shall deposit all scholarship funds received from the department into a segregated account.

NR 47.92(5)(c) (c) WPLA, in conjunction with the Master Loggers Advisory Board and American Loggers Council, shall develop, retain, and may revise the standards of the Wisconsin master logger certification program.

NR 47.92(6) (6) Funding rates and constraints.

NR 47.92(6)(a) (a) A scholarship shall be limited to no more than 50% of the cost of the application fee for receiving, and maintaining, Wisconsin master logger certification.

NR 47.92(6)(b) (b) The remaining application fee costs may be derived from other grants or scholarship programs.

NR 47.92(6)(c) (c) If the total amount of scholarships awarded under this section exceeds the funds available in any one quarter, the scholarships shall be prorated.

NR 47.92(6)(d) (d) Funding through this program may not be applied to applications for Wisconsin master logger certification that have been reviewed and audited prior to June 1, 2006.

NR 47.92(7) (7) Accountability and audit procedures.

NR 47.92(7)(a) (a) Wisconsin master logger certification scholarship funds shall be applied only to the costs stipulated in sub. (4) (d) and for the purpose in sub. (1).

NR 47.92(7)(b) (b) Any unused scholarship funds shall be applied towards future scholarship applicants.

NR 47.92(7)(c) (c) Scholarship funds not applied to eligible costs included in application fees, or subject to gross abuse or corrupt practices in the administration of the scholarship program through WPLA as determined by the department, shall be returned to the department.

NR 47.92(7)(d) (d) WPLA shall retain financial records, including all documentation to substantiate that scholarship funds were applied towards fees of individuals applying for Wisconsin master logger certification, for a minimum of 3 years from the date of award.

NR 47.92(8) (8) Termination.

NR 47.92(8)(a) (a) The department and WPLA may enter into an agreement to terminate the scholarship program at any time.

NR 47.92(8)(b) (b) The agreement shall establish the effective date of termination, the basis for settlement of scholarship termination costs, and the amount of any sums due to either party.

NR 47.92(8)(c) (c) Scholarships may not be awarded if funding has not been appropriated by the legislature for this purpose

NR 47.92 History History: Emerg. cr. eff. 11-15-05; CR 05-106: cr. Register May 2006 No. 605, eff. 6-1-06.

subch. XII of ch. NR 47 Subchapter XII — Urban Forestry Catastrophic Storm Grant Program

NR 47.950 NR 47.950 Purpose. The purpose of this subchapter is to establish criteria and procedures for awarding grants to local governments, tribes and not-for-profit organizations for the repair of catastrophic storm damage to urban forests as provided in s. 23.097 (1r), Stats.

NR 47.950 History History: CR 08-062: cr. Register May 2009 No. 641, eff. 6-1-09.

NR 47.951 NR 47.951 Applicability. This subchapter applies to all Wisconsin counties, cities, villages, towns, tribal governments and not-for-profit organizations applying for grants under this subchapter.

NR 47.951 History History: CR 08-062: cr. Register May 2009 No. 641, eff. 6-1-09.

NR 47.952 NR 47.952 Definitions. In this subchapter:

NR 47.952(1) (1) “Applicant” means a Wisconsin town, village, city, county, tribal government or not-for-profit organization.

NR 47.952(2) (2) “Catastrophic storm event” means snow, ice, hail, wind or tornado of sufficient ferocity to cause damage to urban forests and for which the governor declares a state of emergency under s. 323.10, Stats. Catastrophic storm event does not include forest fires, drought, insect infestations or disease, or water saturation due to flooding.

NR 47.952(3) (3) “Concentrated development” means an area with an aggregate population of at least 100 persons per square mile as calculated by the Wisconsin department of administration.

NR 47.952(4) (4) “Department” means the department of natural resources.

NR 47.952(5) (5) “Grant agreement” means a legal contract between the applicant and the department that sets forth mutual obligations related to a specific urban forestry project.

NR 47.952(6) (6) “Grant period” means the period of time specified in the grant agreement during which all work shall be completed.

NR 47.952(7) (7) “Marshalling yard” means a location in which storm-related tree debris is collected, held or processed for future use.

NR 47.952(8) (8) “Not-for-profit organization” means an organization that is certified by the internal revenue service as meeting the requirements of section 501(c)(3) of the internal revenue code and has registered with the department of financial institutions.

NR 47.952(9) (9) “Urban forest” means trees in cities, villages and other concentrated development.

NR 47.952 History History: CR 08-062: cr. Register May 2009 No. 641, eff. 6-1-09; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register May 2010 No. 653.

NR 47.953 NR 47.953 Eligibility. Applicant eligibility is determined by the following:

NR 47.953(1) (1) A catastrophic storm event has occurred for which the governor has declared a state of emergency.

NR 47.953(2) (2) The applicant is applying on behalf of the community that sustained damage as a result of the catastrophic storm event.

NR 47.953(3) (3) The party applying for assistance must be an applicant as defined in s. NR 47.952 (1).

NR 47.953(4) (4) Two or more eligible applicants may enter into a cooperative agreement to jointly apply for funds under this subchapter, with one applicant designated as the fiscal agent on behalf of all applicants to administer the grant agreement on behalf of all cooperating members.