Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 199 - Municipal flood control grants
Section NR 199.09 - Grant awards and payment
Universal Citation: WI Admin Code ยง NR 199.09
Current through August 26, 2024
(1) GENERAL PROVISIONS.
(a) The state share of the
project cost may not be greater than 70% of the eligible project
costs.
(b) A grant provided under
this chapter for acquisition of easements or real property may not exceed the
lesser of 70% of the purchase price by the municipality, or fair market
value.
(c) In any fiscal year, the
department may not provide to any applicant more than 20% of the funding
available under this chapter.
(d)
The applicant shall obtain all necessary permits and approvals for the project
prior to grant award for acquisition or development.
(e) The grant period shall be for 2 years.
The department may grant a one-year extension.
(2) MATCH REQUIREMENTS.
(a) The local share of the project cost may
not be less than 30% of the eligible project costs.
(b) The substantiated value of donated
materials, equipment, services and labor may be used as all or part of the
local share of the project cost subject to all of the following:
1. All sources of local share donation shall
be indicated when the grant application is submitted.
2. The maximum value of donated,
non-professional labor shall be equal to the prevailing federal minimum wage
requirements.
3. The value of
donated equipment may not exceed the Wisconsin department of transportation
highway rates for equipment.
4. The
value of donated materials and professional services shall conform to market
rates and be established by invoice.
(c) For land acquisition projects, the
substantiated value of donated contributions of real property may be used as
part of the local share of the project cost subject to all of the following:
1. Contributions of property are eligible as
grant recipient match only if the donated property lies within the boundaries
of a project which has been approved under the same component of the municipal
flood control program as the property being acquired.
2. The fair market value of a contribution of
property may be used as local share. The amount of the property donation that
can be used for match equals the value of the donation or the amount of cash
needed by the applicant for the purchase, whichever is less, so there will be
no cash back in excess of the moneys actually needed for the
purchase.
3. The contribution is
made within 3 years of the land acquisition and is considered by the department
to be part of the project or eligible for the project.
(3) AMENDMENTS.
(a) The grant recipient may request, for good
cause, a grant agreement amendment for expenditures in excess of those
identified as estimated costs in the grant agreement prior to the end of the
grant period. If funds are available, the department may issue a grant
amendment.
(b) The grant recipient
may request, for good cause, a grant agreement amendment for changes to the
project scope or an extension of the grant period prior to the end of the grant
period. The department may amend the grant agreement or extend the grant period
based on a grant recipient's request.
(4) AUDIT.
(a) The grant recipient shall account for all
project funds in conformance with generally accepted accounting principles and
practices and shall retain the funds in a separate account. The grant recipient
shall maintain detailed records of grant expenditures to show that grant funds
were used for the purposes for which the grant was made. The grant recipient
shall keep all financial records, including invoices and canceled checks or
bank statements that support all project costs claimed by the grant recipient,
and the records shall be available for inspection by the department for 4 years
after final payment.
(b) The
department may audit all of the grant recipient's records pertaining to the
project. The department audit may result in an adjustment in the grant
amount.
(5) PAYMENT.
(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.
(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.
(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.
(6) ENFORCEMENT.
(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.
(b) The department may withhold final payment
of the grant amount until all project, legal and program requirements have been
complied with.
(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.
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