NR 193.03 NoteNote: The department-approved watercraft inspection program is “Clean Boats, Clean Waters.”
NR 193.03(53)(53) “Watershed” means an area of land over which surface water flows and drains to a common outlet, defined relative to a specific point in the surface water drainage network and including all land upstream that drains to that point. NR 193.03(66)(66) “WisDOT” means the Wisconsin department of transportation. NR 193.03 HistoryHistory: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1), (20), (24), (29), (31), (36), (38), (40) (c), (41), (53) made under s. 35.17, Stats., Register May 2020 No. 773. NR 193.04(1)(a)(a) Follow generally accepted accounting principles and practices during the implementation of a project funded with a grant awarded under this chapter. Should the grantee fail to comply, the department may terminate the grant if the project is incomplete or require repayment in part or full if the project is complete. NR 193.04(1)(b)(b) If the grantee receives a grant advance from the department, use interest earned on the grant advance, if any, for the same purposes for which the department originally awarded the grant. Should the grantee fail to comply, the department may require that earned interest be submitted to the department. NR 193.04(1)(c)(c) 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. Should the grantee fail to comply, the department may withhold payment. NR 193.04(1)(d)(d) Maintain all financial records for 6 years following the issuance of the final payment, unless longer retention is directed by the department in writing, and make these financial records available to department staff upon request. Financial records to which this paragraph applies include published public notice and bid summaries; records showing volunteer time, donated professional services, and supplies and equipment; invoices; canceled checks and bank or credit card statements; documentation regarding the life and depreciation of supplies, equipment, and capital assets purchased with grant funds awarded under this chapter; records related to earned interest, the collection of fees, and any other documents that support project costs claimed by the grantee. Should the grantee fail to comply, the department may require repayment of grant funds in part or full. NR 193.04(1)(e)(e) Comply with all applicable state and federal laws and regulations regarding cost containment, bidding, contract awards, wage, and labor rates. Should the grantee fail to comply, the department may require repayment of grant funds in part or full. NR 193.04(1)(f)(f) Obtain all regulatory permits and approvals required by federal, state, or local agencies, including water and wetland regulatory permits from the department, prior to implementation of any permitted activity. A grantee shall fully comply with the permits and approvals during implementation of any permitted activity and shall submit proof of each approved permit to the department with any relevant payment request. The department may not issue a payment if the approved permit is not submitted by the grantee. NR 193.04(1)(g)(g) Enter into a land use agreement with non-grantee landowners participating in a proposed project no later than the date on which the department issues a grant agreement. Should the grantee fail to comply, the department may withhold payment. NR 193.04(1)(h)(h) Agree to have an annual audit performed on federal funds received from a state or federal agency in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, also known as “Uniform Guidance,” and WI State Single Audit Guidelines issued by Wisconsin department of administration, state controller’s office, if a grantee receives federal or state grant funds totaling at least $750,000 during the grantee’s fiscal year. Should the grantee fail to comply, the department may withhold payment. NR 193.04(1)(i)(i) Operate as an independent contractor having sole control and responsibility for directing, supervising, or determining the method, hours worked, and time and manner of any performance under a grant agreement issued under s. NR 193.12 (2), other than as specifically provided in this chapter. The department may not exercise control over the selection and dismissal of a grantee’s employees or agents. NR 193.04(1)(j)(j) Agree that any fees charged for the use of the project site shall not exceed the cost of a daily state park sticker and that revenues generated will be applied back to the project for which the grant was originally awarded. Should the grantee fail to comply, the department may require that fees collected in excess of the daily state park sticker rate be submitted to the department. NR 193.04(2)(2) The department may conduct an audit of a grantee’s records for a grant award at any time during the project period or within 6 years following the issuance of the final payment unless a longer document retention period is directed by the department in writing. The department may require that the grantee repay any prior payment issued by the department if an audit reveals that costs cannot be substantiated. NR 193.04(3)(3) 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 without department approval for a project scope or budget amendment. 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 will 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 secretary of the department to be due to no fault of the grantee, the amount required to settle at minimum the costs of any irrevocable obligations properly incurred shall be eligible for assistance under this chapter at the department’s discretion. NR 193.04(4)(4) The grantee may terminate the grant agreement, in writing, at any time prior to the start of the project and before expending any grant funds awarded under this chapter. After the project has been started or grant funds have been expended, a grantee may request to terminate the agreement in writing, subject to approval by the department. NR 193.04(5)(5) The department may require the grantee to install and enforce an organization code of conduct that lays out expectations and guiding principles for appropriate workplace behavior. The grantee shall implement the code of conduct when dealing with department staff, volunteers, local elected officials, employees, service providers and customers. Should the grantee fail to comply, all obligations of the department under an agreement may be terminated. NR 193.04 HistoryHistory: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (b), (d), (i), (j), (2) made under s. 35.17, Stats., Register May 2020 No. 773. NR 193.05NR 193.05 DNR cost-share percentages and maximum grant award amounts. Grants awarded under this chapter cover a percentage of total eligible project costs up to a maximum grant award amount, as outlined in Table 1 for each grant subprogram in this chapter. The grantee shall be responsible for contributing the grantee match as specified in s. NR 193.07 and any project costs that exceed the grant award amount. TABLE 1
Surface Water Grant Project Cost Share Table
a. The maximum amount of combined Education and Planning grant awards to a lake, river, or grantee may not exceed $50,000 in one state fiscal year as specified in s. 281.68 (2) (a), Stats. b. The watercraft inspection program provides $4,000 for inspection activities carried out on each landing or pair of landings.
c. A maximum of $500,000 may be awarded annually for projects under this subprogram.
d. A grantee acquiring property through title in fee simple or rights to a property via a conservation easement shall ensure that the property provides for public access as provided in s. 281.71, Stats., unless the department determines, and documents in writing, that the property may be closed to public access to protect wild animals, plants or other natural features in accordance with s. 281.71 (1) (c), Stats. NR 193.05 HistoryHistory: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in Table 1 made under s. 35.17, Stats., Register May 2020 No. 773. NR 193.06NR 193.06 Eligible and ineligible costs. NR 193.06(1)(1) Eligible costs. The department may reimburse eligible project costs at the DNR cost-share percentage up to the maximum allowable grant award amount if the costs are reasonable and necessary for the project, documented, consistent with the approved application that is part of the grant agreement, directly related to the project, and incurred during the grant period. Eligible costs include any of the following: NR 193.06(1)(a)1.1. Labor 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 salary, hourly wages, fringe benefits and other items determined to be appropriate by the department that have been previously established by the grantee and paid to the employee at the time the expense was incurred for staff time. NR 193.06(1)(a)2.2. Direct administrative costs, including actual salary or hourly wages and fringe benefits incurred by immediate supervisors and support staff that can be tracked, charged directly to and accounted for by the project. Supervisors and support staff are understood not to be involved in the day-to-day implementation of the project. Costs under this subdivision may not exceed 10% of the project grant award amount. NR 193.06(1)(b)(b) Supply and services costs. Costs for items directly related to the implementation of the project and the proportional share of costs for items only partially used for implementation of a project funded with a grant awarded under this chapter, including all of the following: NR 193.06(1)(b)3.3. Reasonable planning, engineering, and design costs necessary to complete a regulatory permit application required to implement a project if the costs are incurred within 12 months prior to the grant application submittal deadline. NR 193.06(1)(b)4.4. Fees necessary for federal, state, or local permits required for implementation of the project. NR 193.06(1)(b)5.5. A proportional share of costs associated with implementation of the project. NR 193.06 NoteExample: Suppose that an approved grant application included costs for annual rental of a multi-function machine for the office. Suppose further that there are 6 staff in that office, each working on different projects. The proportional share of the annual rental of the multi-function machine that can be assigned to a grant awarded under this chapter would be no more than 1/6 of the annual cost.
NR 193.06(1)(b)6.6. Engineering, landscape architecture design, construction, consulting or other professional services. NR 193.06(1)(b)7.7. Sampling, monitoring, resource assessments and other field work and data collection costs. NR 193.06(1)(b)8.8. Analyses performed by the Wisconsin State Laboratory of Hygiene or another facility approved in writing by the department. NR 193.06(1)(b)9.9. Rental or lease of equipment and facilities necessary for the completion of the project. NR 193.06(1)(b)10.10. A proportional share of website design and maintenance costs associated with implementation of the project. NR 193.06(1)(b)12.12. A proportional share of the costs of required financial and compliance audits for the project. NR 193.06(1)(b)13.13. Training for grantee staff or volunteers that execute project activities, including registration costs, lodging, meals, transportation, mileage, and other cost associated with the training that are approved by the department. NR 193.06(1)(b)14.14. Development, editing and distribution of informational or educational programs and materials, reports, management plans and other project documents and deliverables. NR 193.06(1)(b)15.15. Installation of equipment and supplies, limited to the initial cost of installation. NR 193.06(1)(b)16.16. Legal costs, including costs associated with the preparation and filing of deed restrictions and other contracts, the review of ordinance language, and other legal costs necessary to carry out a project funded under this chapter as approved by the department. NR 193.06(1)(b)17.17. Costs for a department-approved watercraft inspection program, limited to the following: NR 193.06(1)(c)(c) Equipment and capital asset costs. Equipment and capital assets purchased with grant funds awarded under this chapter, if approved in advance by the department. Inclusion of the equipment or capital asset in a grant agreement constitutes the department’s approval for costs under this paragraph. Equipment and capital assets shall conform to the procedures for maintenance and disposition of assets outlined under s. NR 193.14. If several component parts are purchased separately and assembled into a single piece of equipment, the department may consider the total cost of all components of the unit for reimbursement when considering the appropriate cost-share percentage. NR 193.06(1)(d)(d) Acquisition costs. Acquisition costs associated with the purchase of fee simple interest or a conservation easement land acquisition. NR 193.06(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 those for activities outlined under ss. NR 193.54 and 193.64 as well as all of the following: NR 193.06(2)(a)(a) Fines or penalties incurred due to a violation of, or failure to comply with, federal, state, or local laws and regulations. NR 193.06(2)(b)(b) Ordinary operation expenses of a grantee, such as salaries and expenses of public officials that are not directly related to the project. NR 193.06(2)(c)(c) Purchase of aquatic plant harvesters, boats, motor vehicles, or office furniture. NR 193.06 NoteNote: Financial support for the purchase of aquatic plant harvesters is available as specified in s. 30.92 (4) (b) 8., Stats. NR 193.06(2)(h)(h) Routine maintenance and operating costs of equipment or facilities, including pumps, aerators, plant harvesters, or sedimentation basins. NR 193.06(2)(i)(i) Indirect costs not directly assignable to a grant, program or project. NR 193.06(2)(k)(k) Clothing, except as provided under the department-approved watercraft inspection program and other authorized department activities. NR 193.06(2)(L)(L) Consulting costs for preparing an application for a grant awarded under this chapter. NR 193.06 HistoryHistory: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (a) 1., (c), (d), (2) (intro.), (k) made under s. 35.17, Stats., Register May 2020 No. 773. NR 193.07(1)(1) The grantee shall pay the grantee match for a grant awarded under this chapter using funds not provided by the department. The minimum grantee match shall amount to the percentage of the total project cost that is specified in Table 1 under s. NR 193.05. The grantee shall confer with the department if the grantee match includes federal funds or other state funds to determine applicability as grantee match. NR 193.07(2)(a)(a) Eligible sources of grantee match may be cash or in-kind contributions. Cash match may include cash from the grantee; funds generated by local, non-department state or federal governments; and grants or contributions from foundations, businesses, private individuals or nonprofit organizations. In-kind contributions shall otherwise be eligible expenses under the awarded grant subprogram and shall conform to the requirements of expense eligibility for that particular subprogram, except as indicated under subd. 6. In-kind contributions may include any of the following: NR 193.07(2)(a)1.1. Labor from grantee staff established by grantee time sheets including salary, hourly wages, fringe benefits, and other costs determined by the department to be appropriate for the direct implementation and administration of the project. NR 193.07(2)(a)2.2. Donated labor from volunteers, the maximum value of which is established by the department and included in the Surface Water Grant Program Guidance available on the Surface Water Grant Program website. Volunteers shall be at least 14 years of age in order for their time to be eligible as match. NR 193.07 NoteNote: For a county conducting a project requiring compliance with U.S. department of agriculture natural resources conservation service standards, the value of donated labor rate in that county may be established by the U.S. department of agriculture farm service agency.
NR 193.07(2)(a)3.3. Donated professional services with the value determined in writing by the donor on donor letterhead. NR 193.07(2)(a)4.4. Donated supplies or construction materials, with the value determined in writing by the donor. NR 193.07(2)(a)5.5. Donated equipment, with the equipment purchase and rental value determined by the WisDOT’s Classified Equipment Rates Standard and Special Rated Units for highway equipment. If the item donated does not appear on the WisDOT’s Classified Equipment Rates Standard and Special Rated Units document, the applicant shall determine the value of donations using one of the following methods: NR 193.07(2)(a)5.a.a. By choosing the closest equipment equivalent from WisDOT’s Classified Equipment Rates Standard and Special Rated Units for highway equipment. Where the WisDOT’s Classified Equipment Rates Standard and Special Rated Units for highway equipment lists “rate set locally,” the department may determine a rate as published in the Surface Water Grant Program Guidance. NR 193.07(2)(a)5.b.b. By determining the current market value using at least 3 estimates for purchase of equipment from vendors within the vicinity of the project. The lowest estimate will be used to establish the value of donated equipment. The applicant shall submit copies of all estimates with the grant application and the grantee shall maintain copies of estimates in the grantee’s project file.
