NR 47.962(14)(14) “Rapid response practice” means a practice to control or eradicate prohibited invasive plants and those invasive plants new to the state or to a region of the state as determined by the chief state forester. NR 47.962(16)(16) “Weed management area” or “WMA” means a geographic unit defined by a weed management group. NR 47.962(17)(17) “Weed management group” or “WMG” includes persons that are concerned about invasive plants within a WMA. NR 47.962 HistoryHistory: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13. NR 47.963NR 47.963 Program administration. The department shall administer the program, within the guidance provided by the authorizing statute. Additional guidance may accompany federal funding, non-profit organization funding, and state funding other than that provided through s. 20.370 (5) (av), Stats. NR 47.963 HistoryHistory: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13. NR 47.964(1)(a)(a) All nonindustrial private forest lands that meet the program requirements in this subchapter are eligible for assistance under the program. NR 47.964(1)(b)(b) A WMG is eligible for assistance under the program if it consists of 3 or more persons of which at least one person shall be a person participating. NR 47.964(1)(c)(c) Eligibility for federal funding, or non-profit organization funding, may be defined in the grant agreement through which the funding is provided. Further, additional eligibility criteria may accompany state funding other than that provided through s. 20.370 (5) (av), Stats. NR 47.964(1)(d)(d) Non-profit organizations and government entities may be applicants as long as the funding is used on nonindustrial private forested land. NR 47.964(2)(2) Ineligible applicants. The following applicants shall be ineligible for a grant awarded under this subchapter: NR 47.964(2)(a)(a) An applicant that did not receive payment under s. NR 47.967 for a grant awarded under this subchapter which ended within the 24 months prior to the date the application was submitted, unless the owner ended that grant within 12 months of the award. NR 47.964(3)(3) Eligible practices. All of the following practices are eligible for grants under this subchapter. However, additional eligible practices may accompany funding for this program other than that provided through s. 20.370 (5) (av), Stats.: NR 47.964(3)(a)(a) Education, information and outreach including publications, field days, websites, demonstrations, trainings, and planning workshops. NR 47.964(3)(b)(b) Coordinating a WMG, which includes one-time start-up costs, a WMG coordinator salary for up to one grant cycle, assisting a WMG in the formation of partnerships, goals, and objectives for the management of the WMA. NR 47.964(3)(d)(d) Control of invasive plant species that impact nonindustrial private forest land. NR 47.964 HistoryHistory: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13. NR 47.965(1)(a)(a) Grants under the program shall be used to distribute available state, federal or nonprofit funds for the purpose of encouraging invasive plant management in weed management areas. NR 47.965(1)(b)(b) Eligible costs are all those identified in an application under s. NR 47.966 (3) and associated with the preparation or implementation of one or more eligible practices as approved by the chief state forester. NR 47.965(2)(2) Ineligible costs. No person may use grant funds under this subchapter for any of the following: NR 47.965(2)(a)(a) Costs incurred before an application for grant assistance is approved. NR 47.965(2)(b)(b) The implementation of any practice already required by law, rule, regulation or other authority, except for a practice required in the managed forest law program under ch. 77, Stats., and except for a practice required under ch. NR 40 for prohibited and restricted terrestrial plant species. NR 47.965(2)(c)(c) A practice not approved by the department in writing, or changes to a previously approved practice, unless authorized by the department in writing. NR 47.965(2)(d)(d) Costs to repair damage caused by implementing a practice. NR 47.965 HistoryHistory: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13. NR 47.966(1)(a)(a) A matching grant provided through s. 20.370 (5) (av), Stats., or other state funds shall be no more than 75% of the actual eligible costs depending on the availability of funds, except under par. (c). If a federal or nonprofit organization grant agreement provides for cost-share limitations different from those specified in this subsection, the cost-share rate from funds provided through the federal or nonprofit organization grant agreement may apply. NR 47.966(1)(b)(b) A grant under the program may not exceed $15,000.00 to any WMG excluding a rapid response practice. NR 47.966(1)(c)(c) A grant or portion of a grant awarded for work on prohibited species or early detection species may be up to 100% of the actual eligible costs depending on the availability of funds. NR 47.966(2)(2) Grant selection system. In selecting practices for grant assistance, the department shall give preference to projects which include the following, which are not listed in order of priority: NR 47.966(2)(a)(a) Work on the control of prohibited invasive plant species as identified in ch. NR 40. NR 47.966(2)(c)(c) Nonindustrial private forest land not heavily infested with invasive plant species. NR 47.966(2)(d)(d) Nonindustrial private forest land where invasive plant species identified in the application may be contained or eradicated. NR 47.966(2)(f)(f) A WMA includes more than the land owned by one person participating. NR 47.966(3)(a)(a) The application deadline is April 1 unless otherwise provided on the application form and is contingent upon availability of funds. State funds for this program other than those provided through s. 20.370 (5) (av), Stats., federal funds awarded pursuant to a federal grant agreement and nonprofit funds awarded pursuant to a nonprofit organization grant agreement may specify other application deadlines. Applications for rapid response practices can be applied for at any time. NR 47.966 NoteNote: Applications can be obtained from the department of natural resources Forestry Invasive Plant Coordinator, P.O. 7921, Madison, WI 53707-7921 and online at http://dnr.wi.gov/. NR 47.966(3)(b)(b) The department shall make basic eligibility determinations upon receipt of an application, including whether the person participating meets nonindustrial private forest land ownership criteria and maximum acreage criteria. The department determines the amount awarded to each applicant. NR 47.966(3)(c)(c) A WMG may only apply once per year, except that a WMG may apply any number of times per year for a rapid response practice. NR 47.966(3)(d)(d) Annually, the department may designate a percentage of the total annual funds for: NR 47.966(3)(e)(e) The department shall review applications to determine practice eligibility, based on all of the following: NR 47.966(3)(f)(f) Applications will be approved provided grant funds are available. Department approval of an application shall constitute an agreement between the state and the WMG. NR 47.966(3)(g)(g) Upon approval of a practice, the landowner shall be notified in writing by the department or its agent. NR 47.966(3)(h)(h) Grant awards will be determined by the department based on eligibility and availability of funds. NR 47.966(3)(i)(i) The department shall determine the award date upon approval. NR 47.966 HistoryHistory: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13. NR 47.967(1)(1) A WMG shall complete each practice within the period specified by the department. The department shall specify a period of up to 24 months. However, if a practice is not completed in the specified time due to conditions beyond the control of the WMG, the department may grant an extension. NR 47.967(2)(2) Upon certification by the department that a practice has been completed in accordance with specifications, including timely submittal of reports required and determined by the department, the grant payment shall be calculated by the department and disbursed to the WMG by or at the direction of the department. NR 47.967(3)(3) A WMG may receive partial payment for an incomplete practice, with approval of the department forester, on the condition that the WMG agrees to complete the practice within the time period specified by the department, not to exceed the approved grant period, following approval to implement the practice, unless an extension is justified as provided in sub. (1). NR 47.967(4)(4) Where completion of an approved practice does not meet the minimum specifications for the practice due to factors beyond the control of the WMG control, the department may approve grant payment under either of the following conditions: NR 47.967(4)(a)(a) The WMG repeats a practice previously implemented or establishes an additional eligible practice under terms and conditions the department approves to the extent that is needed to meet the objectives of the approved grant. NR 47.967(4)(b)(b) The WMG establishes to the satisfaction of the department that all of the following have been met: NR 47.967(4)(b)2.2. The practice, as performed, adequately meets the objectives of the approved grant. NR 47.967(5)(5) No grant payment obligated to any WMG shall be subject to any claim arising under state law by any creditor, except agencies of the state of Wisconsin. NR 47.967(6)(6) Start-up costs as identified in s. NR 47.964 (3) (b) and costs for practices to control prohibited invasive plant species or other invasive plant species identified by the department may be awarded after grant approval. NR 47.967(7)(7) The WMG shall submit evidence of the participation agreement for each person participating, including expressed permission for WMG to enter upon land of person participating. NR 47.967(8)(8) Matching funds may not be required for grants awarded for work on prohibited invasive plant species or other invasive plant species identified by the department. NR 47.967 HistoryHistory: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register June 2013 No. 690. NR 47.968NR 47.968 Reconsideration. A WMG that is dissatisfied with any determination made under the program may request reconsideration by the chief state forester. All requests for reconsideration shall be in writing and shall contain factual information explaining the basis for requesting reconsideration. All decisions upon reconsideration shall be issued in writing. NR 47.968 HistoryHistory: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13. NR 47.969(1)(1) If any WMG or assignee uses any scheme or device to unjustly benefit from this program, the cost-share grants shall be withheld or a refund of all or part of any program payments otherwise due or paid that person shall be secured. A scheme or device includes, but is not limited to, coercion, fraud or misrepresentation, false claims, or any business dissolution, reorganization, revival, or other legal mechanism designed for or having the effect of evading the requirements of this subchapter. NR 47.969(2)(2) If any WMG takes any action or fails to take reasonable action as determined by the department which results in the failure, non-completion, destruction, or impairment of a practice for the duration of the approved grant period, cost-share grants shall be withheld or a refund of all or part of any program payments otherwise due or paid shall be secured. NR 47.969(3)(3) Nothing in this subchapter requiring the withholding or refunding of cost-share grants shall preclude any other penalty or liability otherwise imposed by law.
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