Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 28 - All-terrain Vehicle Registration Revenue Grant Program › Rule 571-28.8 - Items Eligible for Funding

Current through Register Vol. 47, No. 3, July 24, 2024
Items listed in this rule or approved by the director which
				  can reasonably be utilized in the operation, development, or maintenance of
				  designated riding areas or trails shall be eligible for funding.
(1) Land acquisition. Purchasing of easements
				or fee title land acquisition as approved by the review and selection committee
				and director. Title to property acquired using the local share of registration
				revenues shall be in the name of the sponsor unless otherwise approved by the
				commission. The grant may be used for prepayment or reimbursement of land
				acquisition expenses, including appraisals, surveys and abstracts in addition
				to the property cost. The grant may pay the sale price or appraised value,
				whichever is less. Appraisals are required and must be approved by the
				department. Payments may be made directly to the landowner by the department.
				The grant agreement may contain provisions in addition to those contained in
				this chapter for disposal of property if it ceases to be managed and used for
				the purpose for which it was acquired. Land acquisitions (or leases) using
				all-terrain registration revenues shall utilize the following specific
				criteria:
a. Designated riding areas shall be
				limited to previously disturbed areas. High-quality natural areas and
				historical and cultural areas shall be avoided. If a proposed riding area
				contains fragments of any of the aforementioned areas, those areas shall be
				managed and protected as off-limit sites.
b. In making the determination of whether
				high-quality natural areas and historical or cultural areas exist, an expert in
				the said field shall complete a thorough assessment utilizing all available
				resources, including local expertise.
c. Prior to land acquisition, a public
				informational meeting shall be held to address the proposed designated riding
				area. The meeting shall be posted in accordance with Iowa Code section
				362.3, and meeting minutes shall
				be made available to the commission.
d. Neighboring property owners shall be
				notified of the proposed designated riding area. Public comment received by the
				department or local political subdivision will be evaluated and presented to
				the commission.
e. A local project
				sponsor shall be willing and able to maintain the designated riding area and
				shall implement and abide by an approved operational plan, which includes a
				cooperative agreement with the local sponsor and political
				subdivision.
f. A local sponsoring
				political subdivision shall support the designated riding area and may provide
				local input.
g. The topography and
				associated soil erosion potentials shall be cost-effectively manageable as
				determined by the review and selection committee.
h. The commission shall make the final
				determination whether to acquire a tract of land as a designated riding
				area.
i. An act of the commission
				can undesignate a riding area.