Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 153 - Targeted Runoff Management And Notice Of Discharge Grant Programs
Section NR 153.28 - Grant reimbursement procedures

Universal Citation: WI Admin Code ยง NR 153.28

Current through August 26, 2024

(1) RUNOFF MANAGEMENT GRANT AGREEMENTS.

(a) State cost-share funds may be used to share in the actual cost required for the installation of eligible best management practices identified in runoff management grant agreements described in s. NR 153.21.

(b) Governmental units and state agencies shall comply with the following procedures when requesting reimbursement:
1. Reimbursement requests shall be submitted on forms provided by the department. When reimbursement is for a best management practice installed to meet a performance standard or prohibition contained in subchapter II of ch. NR 151, a statement of ch. NR 151 compliance shall be provided to the landowner or operator and a copy shall be attached to the reimbursement request.

Note: Forms can be obtained from the department's Bureau of Watershed Management or the department's Bureau of Community Fiscal Assistance, 101 S. Webster St., PO Box 7921, Madison, WI 53707-7921.

2. All reimbursement requests shall be submitted to the department within the time frame established in the grant agreement. Payments for reimbursement requests submitted after the deadlines established in the grant agreement or grant amendment will be subject to the availability of state funds and to financial commitments made to other grantees by the department.
a. Final reimbursement requests for runoff management grants shall be submitted to the department after the best management practice has been verified as properly installed and its cost has been substantiated by the documentation required by the department.

b. The grantee may submit a reimbursement request for a partially installed best management practice with approval from the department. In making its reimbursement decision, the department shall consider the level of pollution control provided by the completed component and the component's structural and functional relationship to other components of the best management practice. A grantee may submit a request for reimbursement of up-front payments made to a cost-share recipient for multi-year cropping practices, including high residue management, cropland protection cover, nutrient management, and pesticide management, without prior approval from the department provided that the cost-share recipient completes the first full year of implementation in accordance with program requirements.

c. The department may deny reimbursement if a cost-share agreement or amendment is not in accordance with the project application or the runoff management grant agreement.

3. Progress reports required by the department shall accompany each reimbursement request. A final report shall be submitted on forms provided by the department as part of the final reimbursement request.

Note: Forms can be obtained from the department's Bureau of Watershed Management or the department's Bureau of Community Financial Assistance, 101 S. Webster St., PO Box 7921, Madison, WI 53707-7921.

4. Reimbursements may not exceed the grant budget line for that practice, unless amended.

5. Reimbursement may not be made in any amount that results in the combined state share under s. 92.14, Stats., and this chapter exceeding the cost share rate required under s. 281.16(3) (e) or (4), Stats.

6. The department, in the scope of the grant agreement or grant amendment, may further specify eligible costs, reimbursement amounts and reimbursement filing deadlines.

7. Failure to submit reports on schedule may result in withholding of grant payments.

8. The department shall deny reimbursements requested for installed practices which are not included in a cost-share agreement ratified by the department, or enumerated as a grantee-installed practice on the grant agreement or grant amendment, or otherwise authorized by this chapter. Reimbursement for local assistance expenses shall be limited to those activities identified as a grant budget line item or specifically enumerated in the grant agreement scope.

(2) LOCAL ASSISTANCE GRANT AGREEMENTS.

(a) State funds may be used to share in the actual costs expended by the governmental unit for eligible activities identified in local assistance grant agreements.

(b) Governmental units and state agencies shall comply with the reimbursement procedures listed under sub. (1).

(3) GENERAL PROVISIONS.

(a) Grant payments to a governmental unit or other grantee under this chapter are contingent on the availability of funding.

(b) The department may remove an authorized activity from a grant if there has been substantial nonperformance of the project work by the grantee or the grantee has not met the conditions in the grant or grant amendment.

(c) The state share of any refunds, rebates, credits or other amounts that accrue to or are received by the grantee for the project, and that are properly allocable to costs for which the grantee has been paid under a grant, shall be paid to the department.

(d) The department shall pay the grantee the balance of the state share of the eligible project costs after project completion, department approval of the request for payment which the grantee has designated "final payment request" and department verification of the grantee's compliance with all applicable requirements of this chapter and the grant agreement. The final payment request shall be submitted by the grantee promptly after project completion. Prior to final payment under the grant, the grantee shall execute an assignment to the department for the state share of refunds, rebates, credits or other amounts properly allocable to costs for which the grantee has been paid by the department under the grant. The grantee shall also execute a release discharging the department, its officers, agents and employees from all liabilities, obligations and claims arising out of the project work or under the grant, subject only to the exceptions specified in the release.

(e) The department may withhold a grant payment if the department determines, in writing, that a grantee has failed to comply with project objectives, grant or grant amendment conditions or reporting requirements.

(f) The department shall withhold payment of, or otherwise recover, the amount of any indebtedness to the department, unless the department determines that collection of the debt will impair accomplishment of the project objectives and that continuation of the project is in the best interest of the nonpoint source water pollution abatement program.

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