Section NR 193.13 - Conditions for grant agreements(1) GENERAL. The department may include conditions in a grant agreement related to any of the following:(a) Mandatory compliance with all applicable provisions of the Wisconsin statutes and the Wisconsin administrative code and all applicable federal, state, and local contract and bidding requirements in fulfilling terms of the grant agreement. Note: The grantee should consult its legal counsel with questions concerning contracts and bidding.
Note: The department has developed the Procurement Guide for Local Governments Receiving DNR Grants, available on the department website.
(b) Requirements for the grantee to obtain and comply with permits.(c) The range of elements that constitute the grant agreement.(d) That the grantee is bound to implement the grant agreement in its entirety.(e) Circumstances under which a grant agreement may be amended.(f) The expectation that the grantee use generally accepted accounting principles and practices.(g) A grantee's status as an independent contractor and ability to exert sole control over its employees and contractors.(h) The expectation that the grantee develop and enforce a written code of conduct for its employees or agents.(i) Eligible project costs.(j) The methods, protocols, procedures, laboratory or analyses employed by a grantee to implement a grant agreement.(k) The source and amount of grantee match.(l) Circumstances for a grant advance.(m) The expectation that a grantee will hire a contractor or agent using a professional service agreement.(n) Partial payment amounts and frequency.(o) Reporting requirements.(p) The expectation that a grantee will record the grant agreement on the property title.(q) Restrictions of final payments and the timing of request.(r) The percentage of the grant award retained by the department for final payment.(s) The expectation that a grantee will make a project site available for inspection by the department.(t) Circumstances for grant agreement termination by the department related to grantee performance.(u) Circumstances under which a grantee must repay grant funds to the department for failure to comply with one or more conditions of the grant agreement.(v) Disposition of supplies, equipment, and capital assets by the grantee.(w) The obligation of a grantee to retain and disclose project financial records.(x) The responsibility of a grantee 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 the total of all federal of state grant funds received by the grantee is at least $750,000 during the grantee's fiscal year.(2) SPECIAL CONDITIONS. The department may include special conditions in a grant agreement for a grant awarded under this chapter. Special conditions typically include requirements that a federal agency has placed on the department through a federal grant and that are passed through to third parties that receive and use those federal funds. Special conditions may also include unique water quality or biological requirements or reporting requirements that are deemed appropriate by the department. A grant project that includes fee simple or easement land acquisition will also include special conditions related to the department's evaluation of offers to purchase, appraisals, land surveys, and other real estate costs approved by the department.(3) ESSENTIAL CONDITIONS FOR LAND ACQUISITION. Essential conditions for land acquisition projects are specified in s. 281.71(1), (2), (3), and (5), Stats., and apply to any applicant approved to acquire land with a grant under this chapter. The department shall include all essential conditions in a land acquisition grant agreement. Failure to comply with any essential condition will result in the title of the subject property being vested in the state.Wis. Admin. Code Department of Natural Resources NR 193.13
Adopted by, CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (f), (h), (k), (m), (n), (p), (r), (s), (w), (x), (3) made under s. 35.17, Stats., Register May 2020 No. 773, eff. 6/1/2020