Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 33 - Resource Enhancement and Protection Program: County, City, Private Open Spaces and Conservation Education Grant Programs › Rule 571-33.14 - Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
Whenever any property, real or personal, acquired or
				  developed with REAP funds passes from the control of the grantee or is used for
				  purposes other than the approved project purpose, it will be considered an
				  unlawful use of the funds. If a grantee desires to use the approved funds for a
				  purpose other than the approved project purpose that is an approved use of
				  funds under the provisions of Iowa Code chapter 455A and these rules, the
				  grantee shall seek an amendment to the project purpose by following the
				  provisions provided in this rule. The department shall notify the grantee of
				  any such violation.
(1)
Remedy.
Funds used without authorization, for purposes other
				than the approved project purpose, or unlawfully must be returned to the
				department for deposit in the account of the REAP fund from which they were
				originally apportioned. In the case of diversion of property acquired with REAP
				fund assistance, property of equal value at current market prices and with
				similar open space benefits may be acquired with local, nongrant funds to
				replace it. Such replacement must be approved by the appropriate review and
				selection committee and the director. In the case of diversion of personal
				property, the grantee shall remit to the department at the current valuation of
				the real estate. The grantee shall have a period of two years after
				notification by the department in which to correct the unlawful use of funds.
				The remedies provided in this subrule are in addition to others provided by
				law.
(2)
Land
				disposal.
Whenever the department, and, if a city or county, the
				grantee, determine that land acquired or developed with REAP fund assistance is
				no longer of value for the program purposes, or that the grantee can show good
				cause why the land should no longer be used in accord with the approved project
				purpose, the land may be disposed of with the director's approval and the
				proceeds therefrom used to acquire or develop an area of equal value, or the
				grantee shall remit to the department funds at the current valuation of the
				real estate for inclusion in the account from which the grant was originally
				made. If land acquired through the private grant program is determined to be no
				longer of interest by the state, the proposed dispersal of the property shall
				be reviewed by the grantee, and the grantee shall have the first right of
				refusal on an option to take title to the property in question. For projects
				that only received developmental money, the life of the project is deemed
				closed after a period of 20 years from the date of the original grant;
				repayment of the grant will not be required.
(3)
Ineligibility.
Whenever
				the director determines that a grantee is in violation of this rule or in
				violation or noncompliance with other grants administered by the department,
				that grantee shall be ineligible for further assistance until the matter has
				been resolved to the satisfaction of the commission.