Chapter NR 47

NR 47.966(3)(d)2. 2. Practices that accomplish objectives or groups of objectives identified under sub. (2) (a).

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)(e)1. 1. The practice is needed and feasible.

NR 47.966(3)(e)2. 2. The practice is eligible under this subchapter.

NR 47.966(3)(e)3. 3. The practice cost is determined to be at least $200 or more.

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 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.

NR 47.967 NR 47.967 Payment.

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)1. 1. A reasonable effort was made to meet the minimum requirements.

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 History History: 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 47.968 NR 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 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.

NR 47.969 NR 47.969 Enforcement.

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.

NR 47.969(4) (4) If the applicant has not utilized grant money appropriately as determined by the department, additional pending cost-share grants under this subchapter shall be withheld or a refund of all or part of any program payments otherwise due or paid shall be secured.

NR 47.969 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.

NR 47.970 NR 47.970 Funding. Funding for grants under these rules includes:

NR 47.970(1) (1) Funds appropriated for the grant program established under s. 26.38, Stats.

NR 47.970(2) (2) Other state, federal, or non-profit organization funds available to the department for the purpose of encouraging WMGs to manage lands in a manner that benefits this state’s forest and related resources and the people of the state, provided the practice or practices identified for the funding are consistent with practices identified in this subchapter as eligible for funding.

NR 47.970 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.