Chapter NR 65

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.