Chapter NR 65

NR 65.11(3) (3) Grant awards shall be distributed based on the ranking determined by subs. (1), (2) and (4).

NR 65.11 Note Note: Grant awards are available for lower-ranked projects only if all eligible projects of a higher priority have been funded.

NR 65.11(4) (4) In ranking and processing grant applications within each paragraph of sub. (1), the department shall consider the factors listed in s. 23.335 (20) (c) 1. to 4., Stats.

NR 65.11 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20; correction in (1) (a) made under s. 35.17, Stats., Register July 2020 No. 775.

NR 65.12 NR 65.12 Grantee accountability.

NR 65.12(1) (1) Accounting and records.

NR 65.12(1)(a) (a) All grantees shall conform to generally accepted accounting principles and practices during the implementation of a project funded under this chapter. If a grantee receives a grant advance from the department, the grantee shall maintain project grant funds in a separate account. If interest is earned on the account, that interest must be used for the same purposes for which the department originally awarded the grant. Grantees shall document all project costs and maintain documents to support grant expenditures in sufficient detail to show that project costs are consistent with the grant agreement awarded by the department. Grantees shall maintain all financial records for a period of 6 years after the date on which the department issues final payment and make these financial records available to the department upon request. Financial records include all of the following:

NR 65.12(1)(a)1. 1. Published public notice and bid summaries.

NR 65.12(1)(a)2. 2. Records showing volunteer time, professional services, and supplies.

NR 65.12(1)(a)3. 3. Invoices.

NR 65.12(1)(a)4. 4. Canceled checks and bank or credit card statements.

NR 65.12(1)(a)5. 5. Any documents not listed in subds. 1. to 4. that support project costs claimed by the grantee.

NR 65.12(1)(b) (b) Grantees shall comply with all applicable state and federal laws and regulations regarding cost-containment, bidding, contract awards, and wage and labor rates.

NR 65.12(2) (2) Reimbursement. Grantees shall submit to the department a request for reimbursement on forms provided by the department. Grantees shall submit a request for final reimbursement no later than 6 months after the end of the grant period specified in the grant agreement. Grantees are eligible for reimbursement only for project costs incurred during the grant period. The department may require the grantee to submit a final report and shall not issue final reimbursement until the final report is received and approved by the department.

NR 65.12(3) (3) Amendments. Grantees may request, in writing and during the life of the grant agreement, a grant agreement amendment for changes to project scope or approved expenditures or for an extension of the grant period. In evaluating the grantee’s request, the department shall consider justification provided by the grantee and availability of funds. The department shall respond to the grantee’s request for the grant agreement amendment in writing. Grant amendments for off-highway motorcycle project grants may not be used to alter the project priority established under s. NR 65.11.

NR 65.12(4) (4) Audit. The department may conduct an audit of any grantee records required under sub. (1) for a grant award at any time during the project period and for up to 6 years after the department has issued final payment. The department may require that the grantee repay any prior payment issued by the department if an audit reveals that payment was made in error.

NR 65.12(5) (5) Default and termination. A grantee’s failure to abide by the terms of a grant agreement renders the grantee ineligible to apply for a future grant under this chapter, until the grantee corrects the impairment and the department determines that the grantee is once again operating in accordance with the terms and conditions of the original grant agreement. Failure of a grantee to comply with one or more terms of the grant agreement issued under this chapter may result in termination of the agreement and the suspension of all obligations of the department. Grant agreements may also be terminated by the department if a grantee fails to make satisfactory progress on activities approved for grant funding, fails to complete the project to the satisfaction of the department, or makes project changes in a project scope or budget without department approval. The department will notify any grantee not in compliance with a grant agreement, in writing, and allow 30 days for the grantee to pursue corrective action. If corrective action does not address department concerns, the department may issue a final termination letter to the grantee, including the reason for termination. Upon termination of a grant agreement, the department may require the grantee to reimburse the department for any grant funds the department deems appropriate. If the compliance failure is determined by the department to be due to no fault of the grantee, the costs of any irrevocable obligations properly incurred shall be eligible for assistance under this chapter at the department’s discretion.

NR 65.12 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20; correction in (1) (a) (intro.) made under s. 35.17, Stats., Register July 2020 No. 775.

NR 65.13 NR 65.13 Cost-share percentages and maximum grant award amounts. Grants awarded by the department under this chapter may cover up to 100 percent of total eligible project costs. The grantee shall be responsible for any portion of project costs more than the grant award amount.

NR 65.13 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20.

NR 65.14 NR 65.14 Applications.

NR 65.14(1) (1) The department shall establish application deadlines under this chapter and publish those deadlines on the appropriate grant web page on the department’s website at least 90 days before the application deadline. Applicants must apply for grant assistance on forms provided by the department.

NR 65.14(2) (2) To be considered for funding, complete grant applications must be received by the department no later than 11:59 p.m. on the application deadline published on the off-highway motorcycle webpage. Complete grant applications are those that adhere to application instructions and include complete project budgets and other required supporting documentation.

NR 65.14 Note Note: Applications may be obtained from the department’s website (http://dnr.wi.gov) keywords “OHM grants”.

NR 65.14(3) (3) A project scope is required in the application and shall include a summary of the specific goals and objectives, deliverables, products, tasks, and timeline for a project that is funded under this chapter. The department may request additional information from the applicant to clarify the application.

NR 65.14(4) (4) Applicants failing to submit additional information to the department by the specified deadline shall not receive a grant for that specific grant cycle.

NR 65.14(5) (5) Prior to making any final determinations about the grant application, the department shall consult with the off-highway motorcycle council as established in s. 15.347 (10), Stats., about funds for eligible projects.

NR 65.14(6) (6) The department shall notify all grantees of application status and likely amount of grant award. If a project as described in the grant application is found to be ineligible, the department shall state in writing the basis for its non-eligibility determination to the grantee.

NR 65.14 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806.

NR 65.15 NR 65.15 Eligible and ineligible costs.

NR 65.15(1) (1) Eligible costs. The department shall reimburse eligible project costs at the cost-share percentage up to the maximum allowable grant amount. Those costs shall be reasonable and necessary for the project, documented, consistent with the approved application that is part of the grant agreement, and incurred during the grant period. Eligible costs include all of the following:

NR 65.15(1)(a) (a) Costs related to maintenance. Maintenance expenses paid under s. NR 65.11 (1) (a) shall be paid on a per mile rate established by the department, in consultation with the off-highway motorcycle council, based on available funds.

NR 65.15(1)(b) (b) Major rehabilitation and development projects, which may include:

NR 65.15(1)(b)1. 1. Costs incurred by grantee staff, whether existing or new, to carry out project activities identified in the grant agreement. Labor costs shall be based on the grantee’s established labor rates identified in the grant application budget for staff time in the form of salary, hourly wages, fringe benefits and other items determined to be appropriate by the department. Fringe benefits must be equitably distributed to all employee labor activities.

NR 65.15(1)(b)2. 2. Services and materials directly related to the implementation of the off-highway motorcycle facility or trail project.

NR 65.15(1)(b)3. 3. Equipment used by the grantee at an hourly rate determined by the Wisconsin Department of Transportation’s Classified Equipment Rates Standard and Special Rated Units for highway equipment as formulated under s. 84.07, Stats.

NR 65.15(1)(c) (c) Acquisition costs.

NR 65.15 Note Note: For assistance in determining the fair market value, see the department’s appraisal guidelines which are available from the Department of Natural Resources, Bureau of Community Financial Assistance, P.O. Box 7921, Madison, Wisconsin 53707.

NR 65.15(2) (2) Ineligible costs. Costs not directly associated with or necessary for the implementation of the project, as determined by the department, are ineligible for reimbursement. Ineligible costs include all of the following:

NR 65.15(2)(a) (a) Fines and penalties due to violation of, or failure to comply with, federal, state, or local laws and regulations.

NR 65.15(2)(b) (b) Ordinary operation expenses of grantees, such as salaries and expenses of public officials, that are not directly related to the project.

NR 65.15(2)(c) (c) Purchase of motor vehicles and equipment.

NR 65.15 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20; correction in (2) (intro.) made under s. 35.17, Stats., Register July 2020 No. 775.

NR 65.16 NR 65.16 Public access. Any off-highway motorcycle facility funded under this chapter shall be open to off-highway motorcycle users during the facility’s normal operating hours except for special events and temporary closures.

NR 65.16 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20.

NR 65.17 NR 65.17 Priorities and funding consideration.

NR 65.17(1) (1) Priorities. The department shall prepare an award list following review of applications submitted for each application cycle. The award list shall include all eligible applications ranked by project score, indicating those projects that will receive grant funding.

NR 65.17(2) (2) Funding consideration. The department shall review all grant applications for applicant and project eligibility and completeness. In consultation with the off-highway motorcycle council, each complete application shall be ranked by the department pursuant to the priorities established in s. NR 65.11 then ranked by score in descending order within each paragraph. The department shall issue grant awards to the highest-ranking project and then move down through the project priority list in each paragraph of s. NR 65.11 by priority order until all available funds are exhausted. The department may offer financial assistance to an applicant in an amount less than requested if the remaining balance is insufficient to fully fund a project. In the event 2 or more applications have an identical score and there are insufficient moneys to fund all, the department shall split available funding evenly among all similarly scored projects.

NR 65.17 Note Note: The department will use a variety of platforms to conduct outreach and notify potential applicants of funding priorities. Outreach efforts may include publication on the department’s grant website, email notification, social media announcements, and other platforms of communication.

NR 65.17 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20; correction in (2) made under s. 35.17, Stats., Register July 2020 No. 775.

NR 65.18 NR 65.18 Grant awards; general procedures. A grant amount may not exceed the cost-share percentage identified under s. NR 65.13 for estimated costs of the project as requested in the grant application and approved by the department. The department may award a grant under this chapter while the grantee is in the process of acquiring all required permits for the project. The grantee may not begin work on the permitted portion of a project funded under this chapter until all necessary local, state, and federal permits have been obtained.

NR 65.18 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20; renum. (1) to NR 65.18 under s. 13.92 (4) (b) 1., Stats., Register July 2020 No. 775.

NR 65.19 NR 65.19 Grant payments.

NR 65.19(1) (1) Except as provided for in sub. (2), grants awarded under this chapter are administered on a reimbursement basis. Grantees must incur and pay all costs before requesting a final reimbursement from the department.

NR 65.19(2) (2) At the written request of the grantee, the department may distribute to the grantee an advance grant payment, up to 50 percent of the grant award, but only after the grant agreement has been signed by the grantee’s authorized representative and has been returned to the department.

NR 65.19(3) (3) The department may only reimburse costs incurred within the grant period and identified in the grant agreement. An approved grant application becomes part of the grant agreement by reference. Total grant payments may not exceed the grant award amount identified in the grant agreement unless modified pursuant to s. NR 65.12 (3).

NR 65.19(4) (4) Final payment may not be issued by the department until final costs have been reviewed, appropriate final reports have been approved, and the department has made a determination that the project has been satisfactorily completed.

NR 65.19 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20.

NR 65.20 NR 65.20 Conditions for grant agreements. The department shall place conditions on grant agreements that include provisions on compliance, amendments, default, termination, subcontracting, and reimbursement, in addition to the requirements of this chapter.

NR 65.20 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20.

NR 65.21 NR 65.21 Grantee reporting. Data and information acquired as part of a project funded under this chapter shall be reported to the department in a format and frequency specified by the department in the grant agreement. At the same time as the grantee submits the final reimbursement request, the department may require the grantee to submit a final report suitable for distribution for use by the public in an electronic format specified by the department. The department may use the final reports and associated images for reporting and promotional purposes.

NR 65.21 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20.

NR 65.22 NR 65.22 Eligible and ineligible projects for land acquisition.

NR 65.22(1) (1) Eligible projects. The department may award grants under this chapter to eligible applicants for any of the following:

NR 65.22(1)(a) (a) Fee simple acquisition of a property for the purpose of off-highway motorcycle trails and facilities, if the negotiations between the grantee and landowner are conducted on a willing-seller, willing-buyer basis.

NR 65.22(1)(b) (b) The purchase of easements of at least 20 years for the purpose of off-highway motorcycle trails and facilities, if the negotiations between the grantee and landowner are conducted on a willing-seller, willing-buyer basis.

NR 65.22(2) (2) Ineligible projects. The department may not award grants under this chapter for ineligible acquisition projects including any of the following:

NR 65.22(2)(a) (a) Any property that is subject to a reversionary right or has restrictions or covenants that would prevent the property from being managed for purposes consistent with this chapter.

NR 65.22(2)(b) (b) Any property that was acquired more than one year before a land acquisition grant application is submitted to the department.

NR 65.22 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20.

NR 65.23 NR 65.23 General grant conditions when interests in land are acquired.

NR 65.23(1) (1) The department may not make an award for fee title acquisition by a local unit of government or tribe for land that is outside its boundaries unless the local unit of government or tribe in which the land is located approves the acquisition.

NR 65.23(2) (2) For all acquisitions of interests in land, the grantee shall develop and submit to the department a trail or facility management plan. The plan shall become part of the grant agreement and will be recorded at the register of deeds in the county in which the project is located along with the grant agreement.

NR 65.23(3) (3) Grantees shall agree to maintain and manage property acquired with a grant under this chapter in accordance with the provisions, conditions, and descriptions in the grant agreement.

NR 65.23(4) (4) Upon prior notice to the grantee by the department, the grantee shall provide the department access to the property to inspect for compliance with the grant agreement. In the case of easements and leases, it is the responsibility of the grantee to notify and make arrangements with the landowner.

NR 65.23 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20.

NR 65.24 NR 65.24 Appraisals. Grantees are required to obtain and submit to the department an appraisal for fee simple or easement projects. The appraisal shall be subject to department review and approval.

NR 65.24 Note Note: The department encourages grantees considering grant funding for fee simple or easement acquisition to contact the department before ordering an appraisal. The department will provide the appraiser with appropriate instructions regarding the scope and quality of the appraisal.

NR 65.24 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20; renum. (1) to NR 65.24 under s. 13.92 (4) (b) 1., Stats., Register July 2020 No. 775.

NR 65.25 NR 65.25 Grant award for land acquisition projects.

NR 65.25(1) (1) The department shall issue a grant agreement before it awards any funds for the purchase of a fee simple or easement interest in land. The department shall require the grantee to fully execute the grant agreement prior to disbursement of any state funds for the purchase of property.

NR 65.25(2) (2) When a grantee is purchasing either fee simple or easement property, the department may distribute the entire state share of the purchase price to a non-interest-bearing escrow account, subject to department-approved title insurance commitment, to be released upon completion of an insured closing and conveyance of the property to the grantee. If the closing has not occurred within 15 days from the date when funds were distributed to the escrow account, the department shall notify the escrow agent to return the grant funds to the department.

NR 65.25(3) (3) The grantee may not convert or allow to be converted any use of the property other than that specified in the grant agreement without the prior written approval of the department.

NR 65.25(4) (4) The grantee may not convey any interest in the property to a third party nor allow any leases, permits, or encumbrances without the prior written approval of the department. The department may take actions necessary to avoid the placement of liens, judgments, or encumbrances against the property.

NR 65.25(5) (5) The party to whom the property is transferred shall be an eligible applicant under this chapter and shall agree to assume the responsibilities and limitations of the terms and conditions of the grant agreement.

NR 65.25(6) (6) The grantee may not close any property acquired with a grant under this chapter to the public except where approved by the department in writing.

NR 65.25(7) (7) The grant agreement shall recognize the state’s interest in the property acquired by the grantee and require that grantee provide adequate land management and maintenance, or, in the case of easements, monitor and enforce the conditions of the easement, in accordance with provisions contained in the grant agreement and in a land management plan approved by the department. The grantee shall declare the state’s interest in the property on the warranty deed or other appropriate instrument of conveyance recorded in the appropriate county register of deeds office, using language provided by the department. The grant agreement shall be recorded in the office of the register of deeds in the appropriate county.

NR 65.25(8) (8) All obligations, terms, conditions, and restrictions imposed by the grant contract shall be covenants and restrictions running with the property and shall be effective limitations on the use of the property from the date of recording of the grant contract and shall bind the grantee and all successors and assigns in perpetuity.

NR 65.25 History History: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20.