Section NR 120.23 - Reimbursement procedures(1) GENERAL REQUIREMENTS. (a)Refunds, rebates and credits. 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.(b)Final payment. 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.(c)Withholding and recovery of funds. The department may authorize the withholding or recovery of a grant payment if the department determines, in writing, that a grantee has failed to comply with project objectives, grant award conditions or reporting requirements or has not expended all funds advanced or disbursed on eligible activities. Withholding and recovery shall be limited to only that amount necessary to assure compliance.(d)Availability of funds.1. Grant payments to a governmental unit or other grantee under this section are contingent on the availability of funding.2. The department shall withhold payment of 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.3. The department may recover payments made to grantees as advances or disbursements when it determines that the governmental unit will not complete the eligible activities on its grant within the current grant project budgeting period.(2) NONPOINT SOURCE GRANT AGREEMENTS. (a) Cost-share funds may be used to share in the actual cost required for the installation of eligible best management practices identified in nonpoint source grant agreements described in s. NR 120.12.(b) State agencies and governmental units shall comply with the following procedures when requesting reimbursement: 1. Reimbursement requests shall be submitted on forms provided by the department. Note: Reimbursement request forms may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, Box 7921, Madison, Wisconsin 53707.
2. All reimbursement requests shall be submitted to the department after the best management practice has been verified as properly installed and its cost has been verified and supported by the cost-share agreement including any amendments. Note: Cost-share calculation and practice verification forms may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, Box 7921, Madison, Wisconsin 53707.
3. Reimbursement requests may be submitted for partially installed best management practices.4. All other reimbursement shall be for completed best management practices or completed components of best management practices approved by the department.5. Reimbursement may be denied if a cost-share agreement or amendment is not in accordance with the watershed plan and grant agreement or amendment.6. The department may set deadlines for receipt of reimbursement requests by specifying the deadlines within the scope section of the grant or grant amendment.(c) The department may advance moneys to governmental units prior to best management practice installation. The amount of the advance shall be determined by the department and may not exceed the amount of the grant.(3) RETENTION REQUIREMENTS. The governmental unit shall retain copies of all reimbursement requests submitted to the department including the following items:(a) Request for an advance or reimbursement form.(b) Reimbursement claim worksheet.(c) Cost-share calculation and practice verification form.(4) ANTICIPATED COST-SHARE REIMBURSEMENT AMOUNT. If the department establishes an ACRA for a year for a county which receives funding under s. NR 120.12 and the county makes reimbursements to eligible cost-share recipients for the year which exceed the amount established by the department, the county shall provide reimbursement to the cost-share recipients, from sources other than the grant agreement, in the amount by which the reimbursable amounts exceed the ACRA established by the department.Wis. Admin. Code Department of Natural Resources NR 120.23
CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.