Section NR 7.04 - General aids provisions(1) Claims for payment shall be submitted within 6 months after the project termination date.(2)(a) Except as provided in pars. (b) and (c) expenditures shall be within the project period, project scope, and project amount as shown on the project agreement.(b) Expenditures for engineering or planning costs, necessary to develop a construction project proposal for commission review, made prior to entering a project agreement may be reimbursed by the department if made a part of the project agreement..(c) Expenditures for the acquisition of aids to navigation or regulatory markers made prior to entering a project agreement may be reimbursed by the department.(3) A request for a project extension shall be submitted prior to the project termination date.(4) All payments are contingent upon final audit. All financial records, including all documentation to support entries in the accounting records to substantiate changes for each project, shall be kept available by sponsors for review by state officials for a period of 3 years after final payment.(5) Grants of financial assistance for recreational boating facilities shall be consistent with the provisions of ss. NR 1.90 and 1.91.(6) Prior to project review by the commission, the sponsor shall have obtained all permits required under ch. 30, Stats., and s. 281.17(2), Stats.(7) Sponsors shall comply with all applicable state and federal regulations regarding bidding and awarding contracts, wage and labor rates, access for individuals with disabilities, flood disaster protection, environmental quality and historical preservation.(8)(a) Sites to be developed with recreational boating facilities funds shall be owned in fee simple by a sponsor or the sponsor shall hold a lease or easement for the site. When a site to be developed is leased or subject to an easement, the degree of control over the site by the sponsor and the period of time that the lease or easement continues shall be factors in determining the amount of recreational boating facilities funds to be granted to the project. The minimum length of the lease or easement shall not be less than 20 years and shall include the right to construct, operate and maintain a recreational boating facility.(b) The total amount of assistance from the recreational boating facilities program and other state or federal funds for projects on lands owned by the department and leased or for which the department has entered an agreement or lease with a sponsor to develop and maintain a recreational boating facility may not exceed 90% of the eligible project costs. No more than 50% of the eligible project costs may be funded with recreational boating facilities monies.(9) Pursuant to s. 30.92(4)(b)2m, Stats., the substantiated value of in-kind contributions or donated money, materials, equipment, services or labor may be used as all or part of the sponsor's share of the project cost subject to all of the following: (a) All sources of sponsor match shall be indicated when the application for a grant is submitted.(b) The value of in-kind contributions is what the sponsor would have to pay for similar services, materials, equipment or labor based on existing contracts, schedules or on the open market.(c) The maximum value of donated labor shall be $6.00 per hour.(d) The value of donated equipment shall conform to the Wisconsin department of transportation county highway rates for equipment. Note: The county highway rates for equipment are formulated under s. 84.07, Stats., and can be found in chapter 5 of the State Highway Maintenance Manual published by the Wisconsin Department of Transportation, 4802 Sheboygan Avenue, Madison, WI 53705.
(e) The value of donated materials and services shall conform to market rates and be established by invoice.(10) Direct costs which are supported by time sheets, vouchers or similar documentation reflecting specific assignment to a project are eligible project costs.(11) Actual fringe benefits paid as part of the direct labor costs claimed are eligible project costs.(12) The department may approve, with the concurrence of the commission, variances from nonstatutory requirements of this chapter upon the request of a sponsor when the department determines that a variance is essential to effect necessary grant actions or program objectives, and where special circumstances make a variance in the best interest of the program. Before granting a variance, the department shall take into consideration such factors as good cause and circumstances beyond the control of the sponsor.(13) Sponsors shall agree to operate and provide adequate maintenance of facilities and projects assisted with recreational boating facilities funds.(14) Recreational boating facilities developed under this chapter may not be converted to other uses without prior approval of the department.(15) The actual costs of force account labor and equipment is eligible. Equipment rental rates may not exceed the county machinery rates established annually by the department of transportation.(16) Fifty percent of the financial assistance grant amount may be paid to a sponsor at the time of project approval, if requested.[DOUBLE DAGGER]Wis. Admin. Code Department of Natural Resources NR 7.04
Cr. Register, December, 1986, No. 372, eff. 1-1-87; renum. (2) to be (2) (a) and am., cr. (2) (b), (c), (5) to (15), am. (4), Register, January, 1993, No. 445, eff. 2-1-93; am. (2) (b), (5), r. and recr. (9), cr. (16), Register, March, 1997, No. 495, eff. 4-1-97; CR 00-112: am. (6) and r. and recr. (9), Register November 2001 No. 551, eff. 12-1-01.This applies only to grant contracts executed after April 1, 1997.