NR 199.09(5)(a)(a) The grant recipient shall submit to the department claims for payment of actual and eligible expenses on forms provided by the department. All costs claimed for payment shall be documented and shall be consistent with the eligibility provisions of this chapter and with the grant agreement.
NR 199.09(5)(b)(b) The grant recipient shall submit the final claim for payment no later than 3 months following the grant ending date. The grant recipient may submit a written request for an extension of the final claim period no later than 3 months after the grant ending date, showing good cause for the extension. If the grant recipient fails to submit the final claim prior to 3 months following the project ending date and does not receive department approval to extend the final claim period, the final claim payment may be denied.
NR 199.09(5)(c)(c) The department may approve final grant payments when the grant recipient has submitted a claim supported by appropriate evidence of project expenditures within the timeframe in this chapter.
NR 199.09(6)(6)Enforcement.
NR 199.09(6)(a)(a) The department may terminate any grant awarded under this chapter for violation of any term or condition of the grant agreement and the department may seek reimbursement of the state share previously distributed to the grant recipient.
NR 199.09(6)(b)(b) The department may withhold final payment of the grant amount until all project, legal and program requirements have been complied with.
NR 199.09(6)(c)(c) The department may withhold 25% of the state share for final payment and may withhold final payment until the department determines that the project and any required audits have been satisfactorily completed.
NR 199.09 HistoryHistory: CR 01-014: Cr. Register October 2001 No. 550, eff. 11-1-01.
NR 199.10NR 199.10Grant awards for acquisition of property.
NR 199.10(1)(1)Property transactions shall be subject to approval by the department and all of the following provisions:
NR 199.10(1)(a)(a) Property transactions shall be subject to ss. 32.19 to 32.27, Stats., and relocation assistance shall be subject to ch. Adm 92.
NR 199.10 NoteNote: Under s. Adm 92.01 (14), “an owner occupant who voluntarily sells a property to a displacing agency not vested with eminent domain power” is not a displaced person and is not entitled to relocation assistance. Tenants who occupy a property are entitled to relocation assistance even if the owner is voluntarily selling the property.
NR 199.10 NoteUnder s. Adm 92.01 (14) (b) 4., a “tenant-occupant of a dwelling who has been promptly notified that he or she will not be displaced by the project” but who can remain permanently on the property subject to normal rental conditions and provisions may not be a displaced person who qualifies for relocation assistance so long as they are not required by the sponsor to move.
NR 199.10 NoteUnder s. Adm 92.01 (33), relocation assistance shall apply to all stewardship grants where the total of stewardship grants and all other public financial assistance or direct government acquisition costs in a project are at least $5,000 for a project with total costs of less than $50,000; or at least 10% in a project having total costs of $50,000 or more.
NR 199.10(1)(b)(b) Grant recipients are required to obtain appraisals for all property acquisitions funded by grants under this chapter.
NR 199.10(1)(c)(c) Appraisals of property required for grant eligibility under this chapter shall be subject to department review and approval according to department appraisal guidelines.
NR 199.10 NoteNote: The department’s appraisal guidelines are available from any DNR regional office or from the DNR Bureau of Community Financial Assistance, PO Box 7921, Madison, WI 53707-7921.
NR 199.10(1)(d)(d) Appraisers shall be state licensed, certified “residential” or certified “general” appraisers and meet all applicable state laws and rules for appraisers.
NR 199.10(1)(e)(e) Acquisitions with a fair market value of more than $200,000 require 2 appraisals. The department may require a second appraisal for property valued under $200,000 if the property presents a difficult appraisal problem or if the first appraisal is unacceptable under department guidelines.
NR 199.10(1)(f)(f) Grant recipients and subsequent owners shall acquire and manage property acquired with a grant in accordance with all applicable state, local and federal laws, rules and regulations.
NR 199.10(1)(g)(g) Property acquired with a grant shall be maintained and managed in accordance with the provisions, conditions and descriptions in the grant agreement.
NR 199.10(1)(h)(h) Any property that is subject to a reversionary right or has restrictions or covenants which would prevent the property from being managed for purposes consistent with this grant program is not eligible for a grant.
NR 199.10(1)(i)(i) Grants may not be made for property acquired prior to a grant award without prior written approval of the department.
NR 199.10(1)(j)(j) When the grant recipient is purchasing property, the department may distribute the entire state share of the purchase cost to a non-interest bearing escrow account, subject to a department approved title insurance commitment for each property, to be released upon completion of an insured closing and conveyance of the property to the grant recipient. If the closing has not occurred within 90 days from the time funds are distributed to the escrow account, the department may cause the funds in the escrow account to be returned to the department.
NR 199.10(1)(k)(k) No grant may be awarded prior to receipt of an environmental inspection report showing that the property contains no undesirable environmental conditions, liabilities, potential liabilities or hazards that are unacceptable to the department.
NR 199.10(1)(L)(L) Any grant award, which involves the purchase of property shall be subject to a grant agreement as prescribed in this chapter.
NR 199.10(1)(m)(m) No grant may be awarded to acquire property through the power of eminent domain.
NR 199.10(2)(2)The purchase of property shall be subject to an executed grant agreement before any state funds can be disbursed. Any grant agreement shall contain but not be limited to provisions which:
NR 199.10(2)(a)(a) Provide for long term management of the property.