reglab/statecodes huggingface dataset:
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 571-33.16 - County Conservation Account

Current through Register Vol. 47, No. 3, July 24, 2024
All funds allocated to counties under this program may be
				  used for land easements or acquisitions, capital improvements, stabilization
				  and protection of resources, repair and upgrading of facilities, environmental
				  education, and equipment; except as restricted by Iowa Code section
				  455A.19.
(1)
Expenditure guidelines.
All expenditures and restrictions shall be in accordance with Iowa Code section
				455A.19. Expenditure of funds
				for personnel costs are allowed by Iowa Code section
				455A.19, but only when personnel
				are clearly directed toward the purpose and policy of the REAP program.
				Personnel costs are not allowable under the competitive grant program. Up to 20
				percent of a total project's cost may be used to cover costs of engineering and
				design work or other consultant fees directly associated with the
				project.
(2)
Competitive
				grant project planning and review committee.
a. The makeup of this committee is as
				follows: two representatives of the department appointed by the director; two
				county conservation board directors appointed by the director of the department
				with input from the Iowa association of county conservation boards; and one
				member selected every three years by a majority vote of the director's
				appointees. Additionally, there shall be at least two alternates designated by
				the director with input from the Iowa association of county conservation
				boards. The members shall select a chairperson at the first meeting during each
				calendar year. Terms of appointment to the committee shall be on a three-year
				staggered term basis.
b. Conflict
				of interest. An individual who is a member, volunteer, or employee of an entity
				that has submitted a project shall not serve on the scoring committee during
				that award cycle. Instead, one of the alternates shall review and score in the
				individual's place.
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 571-33.18 - Private Cost-sharing Program

Current through Register Vol. 47, No. 3, July 24, 2024
At least 10 percent of the funds placed in the open spaces
				  account shall be made available for cost sharing with private entities for cost
				  sharing at a maximum level of 75 percent.
(1)
Protection defined.
Protection is defined as the purchase of all or a portion of the rights
				associated with ownership of real property so as to ensure that open space
				values associated with that property are protected in perpetuity. Protection
				methods, in order of preference, include, but are not limited to, fee title
				acquisition, purchase of easements, or other mechanisms that provide long-term
				assurance of open space protection. Title for acquired properties shall be
				vested in the state of Iowa, and projects must be consistent with priorities
				established by the department.
(2)
Eligibility to participate.
Any trust, foundation,
				incorporated conservation organization, private individual, corporation or
				other nongovernmental group able to provide funds or interest in land
				sufficient to equal at least 25 percent of a proposed protection project may
				submit or cause to have submitted a project for funding consideration. Except
				however, a private organization established to benefit a specific governmental
				entity is not eligible to submit a project. Governmental entities are also not
				eligible to submit a project.
(3)
Grant amount.
The department will provide grants for up to 75
				percent of the appraised cost of the land plus incidental acquisition costs.
				Costs in excess of these must be borne by the grantee.
(4)
Project review and selection
				committee.
a. The director shall
				appoint a committee to review and score projects. The committee shall include
				the following: three persons representing the private sector and two alternates
				selected from a pool of potential names as submitted to the director by the
				various private eligible groups; administrator of the conservation and
				recreation division of the department, or the administrator's designee; and the
				bureau chiefs of the department's wildlife bureau and parks, forests, and
				preserves bureau or their designees. The committee shall elect its own
				chairperson from its members. The committee will report to the director the
				order in which proposed projects were ranked using criteria as specified in
				subrule 33.18(5).
b. Conflict of
				interest. An individual who is a member, volunteer, or employee of an entity
				that has submitted a project shall not serve on the scoring committee during
				that award cycle. Instead, one of the alternates shall review and score in the
				individual's place.
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 571-33.19 - Conservation Education Program Policy

Current through Register Vol. 47, No. 3, July 24, 2024
The conservation education program board shall constitute a
				  long-term integrated effort to support conservation education for Iowa
				  educators and students. To support this policy, the board may establish
				  guidelines from time to time to direct applicants to priority areas for funding
				  and shall give preference to grants that meet these guidelines. The board may
				  provide funding for activities that expand the impact of the project and
				  provide accessibility for widespread adoption of programs for implementation by
				  others. The board may provide funding for tracking of project implementation
				  and evaluation.
(1)
Conservation education program board.
The board will review
				and amend, as needed, the review and selection criteria for competitive grants
				and policies of conduct.
(2)
Definitions.
The following definitions shall apply to this
				division:
"Board"
means REAP conservation education
				  program board.
"Conservation education programs"
means
				  programs developed for formal (K-12 students), nonformal (preschool, adult and
				  continuing education) and higher education (postsecondary and adult) programs,
				  within the subject areas of natural resource conservation and environmental
				  protection.
"Educator"
means any person who teaches
				  environmental/conservation education. This may apply to certified teachers,
				  governmental or private naturalists, education specialists, or others so
				  determined by the board.
"Environmental/conservation education
				  materials"
means materials that are developed or produced that provide
				  knowledge, skills, processes and strategies that enhance Iowa citizens'
				  understanding of natural resources conservation and environmental
				  issues.
"Stipends for Iowa educators who participate in
				  innovative conservation education programs"
may include tuition costs;
				  acceptable food and lodging costs; substitute teacher costs; mileage expenses
				  or separate allowances when applicable for educators to attend board-approved
				  environmental/conservation education workshops, in-service programs and
				  conferences; and other costs as approved by the board.
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 571-33.20 - Eligibility for Funds

Current through Register Vol. 47, No. 3, July 24, 2024
In years in which funds are made available, grant
				  applications may be submitted by institutions of higher learning; government
				  agencies, including local school districts; nonpublic schools; area education
				  agencies; organizations; and individuals with an Iowa residence. Preference
				  shall be given to Iowa participants.
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 571-33.21 - Grant Applications, General Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Applications for all grant programs shall
				be made on forms provided by the department.
(2) The board shall establish criteria and
				scoring systems to be utilized in the project evaluation and approved during a
				regularly scheduled board meeting. Criteria and scoring systems must be
				distributed to all potential applicants at least 90 days prior to the project
				application deadline.
(3) Joint
				applications are permitted. One entity must serve as the primary applicant.
				Joint projects sponsored by entities (e.g., an organization or institution, and
				an area education agency) competing for funds from different REAP accounts are
				allowable. Applications must clearly spell out the respective shares of project
				costs to be derived from various REAP accounts if the project is approved for
				funding. Any cooperative agreement between joint applicants must be provided as
				a part of the application.
(4)
				Similar development projects. An application for a conservation education
				program grant may serve more than one target population (e.g., scouting and K-6
				classrooms).
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 571-33.22 - Grantee Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Timely completion of projects.
Projects are expected to be
				completed in a 12-month time period; however, up to 18 months may be allowed by
				the board for grants difficult to accomplish in 12 months. The board may
				consider extending the time period of a grant upon request.
(2)
Recordkeeping and
				retention.
Grant recipients shall keep adequate records relating to
				the administration of a project, particularly all incurred expenses. These
				records shall be available for audit by representatives of the department and
				the state auditor's office. All records shall be retained in accordance with
				state laws.
(3)
Midterm and
				final reports.
Grantees shall provide midterm and final reports that
				include information detailing progress toward goals and objectives,
				expenditures and services on forms provided for those reports. The reports
				shall clearly identify the status of fundraising relevant to the approved
				project and problems that may cause a delay in completing the project within
				the approved project period. Failure to submit reports by the due date shall
				result in suspension of financial payments to the grantee until the time that
				the report is received. Grants are considered active until the board notifies
				the grantee that the grant has been terminated or completed by the terms of the
				grant. At the completion of the project and prior to the final payment, a final
				written report shall be submitted by the grantee to the board. The final 10
				percent payment shall be withheld pending this report, which shall include a
				75- to 100-word summary of project results. This summary will be posted on the
				state environmental education website. No new awards shall be made for
				continuation programs when there are delinquent reports from prior
				grants.
(4)
Contract
				revisions.
The grantee shall immediately inform the board of any
				revisions in the project budget in excess of 10 percent of a line item. The
				board and the grantee may negotiate a revision to the contract to allow for
				expansion or modification of services, but shall not increase the total amount
				of the grant. The board retains the authority to approve or deny contract
				revisions.
(5)
Nonapplication of copyright.
Program materials developed from
				REAP funds for conservation education materials shall bear the REAP logo.
				However, materials developed under this grant shall not be copyrighted by the
				grantee unless the board gives permission.
(6)
Restrictions.
Funds
				allocated under this chapter shall not be used for out-of-state travel or
				equipment, such as typewriters, computers, and hardware, or for construction,
				renovation, or remodeling costs unless specifically approved by the
				board.
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 571-33.23 - Board Review and Approval

Current through Register Vol. 47, No. 3, July 24, 2024
The board or its designee shall review and rank projects for
				  funding, and funds shall be awarded on a competitive basis. If delegated, the
				  reviewing, scoring and ranking of projects will be presented to the board as
				  recommendations. The board may approve or deny funding for any project or part
				  thereof.
(1) In each year that funds
				are made available by the Iowa legislature, payments shall be as follows:
a. For grant periods in excess of 90 days, up
				to 50 percent shall be paid at the beginning of the grant period, up to 40
				percent at the midpoint of the grant period, and the balance upon successful
				completion as determined by the board.
b. For grant periods of fewer than 90 days,
				75 percent shall be paid at the beginning of the grant period and the balance
				at successful completion as determined by the board.
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 571-33.24 - Waivers of Retroactivity

Current through Register Vol. 47, No. 3, July 24, 2024
Normally, grant program developments completed prior to
				  application scoring will not be approved. However, an applicant may make
				  written request for a waiver of retroactivity to allow project elements to be
				  considered for grant assistance. Waivers will be issued in writing by the
				  board. Receipt of a waiver does not ensure funding, but only ensures that the
				  project will be considered for funding along with all other
				  applications.
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 571-33.25 - 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, the grantee shall seek an
				  amendment to the project purpose. The board shall notify the grantee of any
				  apparent violation.
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 571-33.26 - Remedy

Current through Register Vol. 47, No. 3, July 24, 2024
Funds used unlawfully, without authorization, or for other
				  than the approved project purpose shall be returned to the department within
				  the period specified by the board or director. The remedies provided in this
				  rule are in addition to others provided by law.
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 571-33.27 - Termination for Convenience

Current through Register Vol. 47, No. 3, July 24, 2024
The contract may be terminated in whole or in part when both
				  parties agree that the continuation of the project would not produce beneficial
				  results commensurate with the future expenditure of funds. The parties shall
				  agree upon the termination conditions, including the effective date, and, in
				  the case of partial terminations, the portion to be terminated. The grantee
				  shall not incur new obligations for the terminated portion after the effective
				  date and shall cancel as many outstanding obligations as
				  possible.
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 571-33.28 - Termination for Cause

Current through Register Vol. 47, No. 3, July 24, 2024
The contract may be terminated in whole or in part at any
				  time before the date of completion whenever it is determined by the board that
				  the grantee has failed to comply substantially with the conditions of the
				  contract. The grantee shall be notified in writing by the department of the
				  reasons for the termination and the effective date. The department shall
				  administer the conservation education grants contingent upon their
				  availability. If there is a lack of funds necessary to fulfill the fiscal
				  responsibility of the conservation education grants, the contracts shall be
				  terminated or renegotiated. The board may terminate or renegotiate a contract
				  upon 30 days' notice when there is a reduction of funds by executive order. The
				  grantee shall not incur new obligations for the terminated portion after the
				  effective date and shall cancel as many outstanding obligations as
				  possible.
(1)
Failure to
				initiate or complete project.
Failure to initiate or complete the
				project in a timely manner shall be cause for termination of the project by the
				board. The grantee shall return unused grant funds at the time of
				termination.
(2)
Ineligibility.
Whenever the board determines that a grantee is
				in violation of these rules, that grantee shall be ineligible for further
				assistance until the matter has been resolved to the satisfaction of the
				board.
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 571-33.29 - Responsibility of Grantee at Termination

Current through Register Vol. 47, No. 3, July 24, 2024
Within 45 days of the termination, the grantee shall supply
				  the department with a financial statement detailing all costs up to the
				  effective date of the termination. If the grantee expends moneys for other than
				  specified budget items approved by the board, the grantee shall return moneys
				  for unapproved expenditures.
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 571-33.30 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Appeals to the decisions on grant awards shall be filed with
				  the director of the department. The letter of appeal shall be filed within ten
				  working days of receipt of notice of decision and shall be based on a
				  contention that the process was arbitrary; was conducted outside of statutory
				  authority; violated state or federal law, policy, or rule; did not provide
				  adequate public notice or was altered without adequate public notice; or
				  involved conflict of interest by staff or board members. The director of the
				  department shall notify the board of the appeal. The board may submit evidence
				  in support of its decision within ten days of notice from the director. The
				  director shall issue a decision within a reasonable time following receipt of
				  the appeal.
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 571-33.50 - Private Cost-sharing Program

Current through Register Vol. 47, No. 3, July 24, 2024
At least 10 percent of the funds placed in the open spaces
				  account shall be made available for cost sharing with private entities for cost
				  sharing at a maximum level of 75 percent.
(1)
Protection defined.
Protection is defined as the purchase of all or a portion of the rights
				associated with ownership of real property so as to ensure that open space
				values associated with that property are protected in perpetuity. Protection
				methods, in order of preference, include, but are not limited to, fee title
				acquisition, purchase of easements, or other mechanisms that provide long-term
				assurance of open space protection. Title for acquired properties shall be
				vested in the state of Iowa, and projects must be consistent with priorities
				established in the department of natural resources publication "Land
				Acquisition Programs and Priorities."
(2)
Eligibility to
				participate.
Any trust, foundation, incorporated conservation
				organization, private individual, corporation or other nongovernmental group
				able to provide funds or interest in land sufficient to equal at least 25
				percent of a proposed protection project may submit or cause to have submitted
				a project for funding consideration. Except however, a private organization
				established to benefit a specific governmental entity is not eligible to submit
				a project. Governmental entities are also not eligible to submit a
				project.
(3)
Grant
				amount.
The department will provide grants for up to 75 percent of the
				appraised cost of the land plus incidental acquisition costs. Costs in excess
				of these must be borne by the grantee.
(4)
Project review and selection
				committee.
a. The director shall
				appoint a committee to review and score projects. The committee shall include
				the following: three persons representing the private sector and two alternates
				selected from a pool of potential names as submitted to the director by the
				various private eligible groups; administrator of the conservation and
				recreation division of the department, or the administrator's designee; and the
				bureau chiefs of the department's wildlife bureau and parks, forests, and
				preserves bureau or their designees. The committee shall elect its own
				chairperson from its members. The committee will report to the director the
				order in which proposed projects were ranked using criteria as specified in
				33.50(5).
b. Conflict of interest.
				An individual who is a member, volunteer, or employee of an entity that has
				submitted a project shall not serve on the scoring committee during that award
				cycle. Instead, one of the alternates shall review and score in the
				individual's place.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 35 - Fish Habitat Promotion for County Conservation Boards › Rule 571-35.1 - Purpose and Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to designate procedures for
				  the allotment of fish habitat revenue to county conservation boards. These
				  funds shall be used specifically to acquire from willing sellers whole or
				  partial interest in land for use as or for protection of fish habitats and to
				  develop and enhance fishable waters and habitat areas.
The following definitions apply in these rules:
"Commission"
means the natural resource
				  commission.
"County"
means a county conservation
				  board.
"Department"
means the department of natural
				  resources.
"Director"
means the director of the
				  department of natural resources.
"District"
means a county conservation
				  district.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 35 - Fish Habitat Promotion for County Conservation Boards › Rule 571-35.2 - Availability of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
Fish habitat funds are dependent on sales. Revenues received
				  by the department determine the amount of moneys available at any time.
(1)
Local share.
Funds
				available for county conservation boards shall be specified in the department's
				budget in accordance with legislative appropriations. At least 50 percent of
				the fish habitat revenue will be apportioned to county conservation
				boards.
(2)
Distribution.
After deduction of 5 percent to be held for
				contingencies, the remaining local share will be available on an annual basis.
				The department shall divide fish habitat funds equally among the districts. The
				districts have two years to obligate fish habitat funds once the funds are made
				available. After two years, the department will apportion all unobligated funds
				equally among the districts.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 35 - Fish Habitat Promotion for County Conservation Boards › Rule 571-35.4 - Eligibility for Cost-sharing Assistance

Current through Register Vol. 47, No. 3, July 24, 2024
A project is not eligible for cost sharing unless the
				  commission specifically approves the project or the applicant has received a
				  written waiver of retroactivity from the director prior to the project's
				  initiation. A project must allow for public fishing to be eligible for cost
				  sharing; however, the review and selection committee as described in subrule
				  35.6(1) may recommend for commission approval projects with restrictions on
				  boating.
(1)
Acquisition
				projects.
A licensed appraiser shall appraise lands or rights thereto
				to be acquired, and the appraisal shall be approved by department staff. The
				appraisal requirement may be waived when the staff determines that it is
				impractical for a specific project. The cost share shall not be approved for
				more than 90 percent of the approved appraised value. Acquisition projects are
				eligible for cost share either by direct payment as described in subrule
				35.11(6) or by reimbursement to counties.
(2)
Eligible acquisition
				activities.
a. Acquisition for pond
				and lake construction.
b.
				Acquisition of fishable streams, ponds and lakes.
c. Acquisition for watershed
				protection.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 35 - Fish Habitat Promotion for County Conservation Boards › Rule 571-35.5 - Application for Assistance

Current through Register Vol. 47, No. 3, July 24, 2024
Applications must contain sufficient detail as to clearly
				  describe the scope of the project and how the area will be managed.
(1)
Form.
Applications must
				be submitted on forms provided by the department.
(2)
Time of submission.
Applications for funds will be reviewed and selected for funding at least once
				per year. The department will publish on its website the date and time for
				submitting a funding proposal, providing at least 90 days' notice. Applications
				must be submitted to the department as described on the website. Upon timely
				notice to eligible recipients, additional selection periods may be scheduled if
				necessary to expedite the distribution of funds. In emergencies, a county may
				request a waiver so that an acquisition project may be approved for retroactive
				payments if funds are available and the project meets all other
				criteria.
(3)
Joint
				applications.
Joint applications are permitted. One county shall serve
				as the primary applicant. A joint application shall clearly describe the
				respective share of project costs for each county named. Any cooperative
				agreement between the counties named shall be provided as a part of the
				application.
(4)
County
				funding.
An applicant shall certify that it has committed its share of
				project costs and that these funds are available and shall state the means of
				providing for the county share. All necessary approvals for acquisition and
				financing shall be included with the application. All financial income received
				directly or indirectly that would have been paid to the previous landowner as a
				result of a purchase agreement or other title transfer action shall be
				completely documented in the application.
(5)
Multiple development
				projects.
An application for development project assistance may
				include development on more than one area if the development is of a like
				nature.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 35 - Fish Habitat Promotion for County Conservation Boards › Rule 571-35.6 - Project Review and Selection

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Review and selection committee.
a. Each district shall have a review and
				selection committee, hereinafter referred to as the committee. Each committee
				shall be composed of at least five county directors or their designees, with at
				least two designated alternates. Each district's committee shall determine
				which grant applications and amendment requests are selected for funding. For
				advisory purposes only, a department biologist or designee shall be present
				during review and selection of grant applications and amendment
				requests.
b. Conflict of interest.
				An individual who is a member, volunteer, or employee of an entity that has
				submitted a project cannot serve on the scoring committee during that award
				cycle. Instead, one of the alternates shall review and score in the
				individual's place.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 35 - Fish Habitat Promotion for County Conservation Boards › Rule 571-35.7 - Commission Review

Current through Register Vol. 47, No. 3, July 24, 2024
The director shall present the committees' recommendations to
				  the commission at its next meeting following the rating of projects for
				  funding. The commission may approve or disapprove funding for any project on
				  the list.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 35 - Fish Habitat Promotion for County Conservation Boards › Rule 571-35.8 - Grant Amendments

Current through Register Vol. 47, No. 3, July 24, 2024
If funds are available, projects for which grants have been
				  approved may be amended to increase or decrease project scope or to increase or
				  decrease project costs and fund assistance. The director shall approve project
				  changes prior to their inception. Amendments to increase project costs and fund
				  assistance due to cost overruns shall not be approved if funds have already
				  been committed or the work has already been performed.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 35 - Fish Habitat Promotion for County Conservation Boards › Rule 571-35.9 - Timely Commencement of Projects

Current through Register Vol. 47, No. 3, July 24, 2024
Grant recipients are expected to carry out their projects in
				  an expeditious manner. A project for which a grant is approved shall be
				  commenced within six months of the date upon which the grantee is notified that
				  the project is approved, or at another date agreed upon by both parties.
				  Failure to do so may be cause for termination of the project and cancellation
				  of the grant by the commission.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 35 - Fish Habitat Promotion for County Conservation Boards › Rule 571-35.10 - Project Period

Current through Register Vol. 47, No. 3, July 24, 2024
A project period that is commensurate with the work to be
				  accomplished shall be assigned to each project. Extensions may be granted only
				  in case of extenuating circumstances.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 35 - Fish Habitat Promotion for County Conservation Boards › Rule 571-35.11 - Payments

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grant amount.
Grant recipients will be paid 90 percent of all
				eligible costs incurred on a project up to the amount of the grant unless
				otherwise specified in the project agreement.
(2)
Project billings.
Grant
				recipients shall submit billings for reimbursement or cost sharing on forms
				provided by the commission.
(3)
Project billing frequency.
Project billings shall be submitted
				on the following basis:
a. Up to $10,000
				total project cost-one billing.
b.
				Over $10,000 total project cost-no more than two billings.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 35 - Fish Habitat Promotion for County Conservation Boards › Rule 571-35.12 - Recordkeeping and Retention

Current through Register Vol. 47, No. 3, July 24, 2024
A grant recipient shall keep adequate records relating to its
				  administration of a project, particularly relating to all incurred costs and
				  direct or indirect income that normally would have been paid to the previous
				  landowner as a result of a purchase agreement or other title transfer action. A
				  copy of the county's audits showing such income and disbursements for the grant
				  period shall be submitted to the department's budget and grant bureau. These
				  records shall be available for audit by appropriate personnel of the department
				  and the state auditor's office. All records shall be retained in accordance
				  with state law.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 35 - Fish Habitat Promotion for County Conservation Boards › Rule 571-35.13 - Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
Whenever any real or personal property acquired or developed
				  with fish habitat fund assistance passes from the control of the grantee or is
				  used for other purposes that conflict with the project purpose, it shall be
				  considered an unlawful use of the funds. The department shall notify the county
				  of any such violation.
(1)
Remedy.
Funds thus used unlawfully shall be returned to the
				department for inclusion in the fish habitat fund, or local, non-cost-shared
				funds shall be used to acquire a replacement property of equal value at current
				market prices and with commensurate benefits to fish. The replacement property
				must be approved by the commission. The county shall have a period of two years
				after notification by the department in which to correct the unlawful use of
				funds. The remedies provided by this subrule are in addition to others provided
				by law.
(2)
Land
				disposal.
Whenever it has been determined and agreed upon by the
				grantee and the commission that land acquired or developed with fish habitat
				fund assistance is no longer of value for the project purpose or that the
				county has other good cause, the commission may authorize that the land be
				disposed of and the proceeds thereof used to acquire or develop an area of
				equal value or that 90 percent of the proceeds be returned to the state for
				inclusion in the fish habitat fund.
(3)
Ineligibility.
If the
				department determines that a county has unlawfully used fish habitat funds, the
				county shall be ineligible for further assistance until the matter has been
				resolved to the satisfaction of the commission.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title IV - Recreational Vessel and Vehicle Registration and Safety › Chapter 36 - Green Valley Lake Special Water Activity Rules › Rule 571-36.1 - General

Current through Register Vol. 47, No. 3, July 24, 2024
For experimental purposes as provided in chapter 1060, Acts
				  of the Sixty-third General Assembly, these special rules shall apply to Green
				  Valley Lake. [See Iowa Code section
				  462A.31
				  ]
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title IV - Recreational Vessel and Vehicle Registration and Safety › Chapter 36 - Green Valley Lake Special Water Activity Rules › Rule 571-36.4 - Wake

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of these special rules, a wake means "any
				  movement of water created by a vessel which adversely affects the activities of
				  another person who is involved in activities approved for that area or which
				  may adversely affect the natural features of the shoreline."
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title IV - Recreational Vessel and Vehicle Registration and Safety › Chapter 36 - Green Valley Lake Special Water Activity Rules › Rule 571-36.5 - Speed

Current through Register Vol. 47, No. 3, July 24, 2024
All boats must maintain a no-wake speed on the entire lake
				  between the hours of sunset and 10:30 p.m., also between 4 a.m. and 10
				  a.m.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title IV - Recreational Vessel and Vehicle Registration and Safety › Chapter 36 - Green Valley Lake Special Water Activity Rules › Rule 571-36.6 - Hours

Current through Register Vol. 47, No. 3, July 24, 2024
No boating is permitted on the lake between the hours of
				  10:30 p.m. and 4 a.m.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title IV - Recreational Vessel and Vehicle Registration and Safety › Chapter 36 - Green Valley Lake Special Water Activity Rules › Rule 571-36.7 - Ski Zone

Current through Register Vol. 47, No. 3, July 24, 2024
A portion of the west arm of Green Valley Lake shall be
				  designated as a ski zone and shall be marked by controlled area buoys as
				  designated by Iowa's Uniform Waterway Marking System. This designated area
				  shall be referred to as the "ski zone."
(1) Water skiing and general boating are
				permitted in the designated ski zone between 10 a.m. and sunset.
(2) All boats must maintain a no-wake speed
				when outside the ski zone between the hours of 10 a.m. and sunset.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title IV - Recreational Vessel and Vehicle Registration and Safety › Chapter 36 - Green Valley Lake Special Water Activity Rules › Rule 571-36.8 - Traffic Pattern

Current through Register Vol. 47, No. 3, July 24, 2024
In the ski zone all boats must keep to the right of the
				  "Center of the Channel" buoys which shall be identified by their black and
				  white stripe design as designated by Iowa's Uniform Waterway Marking
				  System.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title IV - Recreational Vessel and Vehicle Registration and Safety › Chapter 36 - Green Valley Lake Special Water Activity Rules › Rule 571-36.9 - Designated Activities in Ski Zone

Current through Register Vol. 47, No. 3, July 24, 2024
No one shall be permitted in the water in the ski zone except
				  those persons engaged in water skiing or similar activity.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title IV - Recreational Vessel and Vehicle Registration and Safety › Chapter 36 - Green Valley Lake Special Water Activity Rules › Rule 571-36.10 - Designated Areas

Current through Register Vol. 47, No. 3, July 24, 2024
No person shall be in the water outside the ski zone except
				  in the designated beach area and in accordance with the park
				  rules.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title IV - Recreational Vessel and Vehicle Registration and Safety › Chapter 36 - Green Valley Lake Special Water Activity Rules › Rule 571-36.11 - Traffic

Current through Register Vol. 47, No. 3, July 24, 2024
All boats in the ski zone not engaged in water skiing or
				  similar activity shall keep out of the general traffic pattern of the boats
				  pulling skiers.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title IV - Recreational Vessel and Vehicle Registration and Safety › Chapter 36 - Green Valley Lake Special Water Activity Rules › Rule 571-36.12 - Lifesaving Device

Current through Register Vol. 47, No. 3, July 24, 2024
All persons engaged in water skiing, including the use of
				  surfboard-type devices, shall wear a coast guard-approved lifesaving
				  device.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title IV - Recreational Vessel and Vehicle Registration and Safety › Chapter 36 - Green Valley Lake Special Water Activity Rules › Rule 571-36.13 - Speed

Current through Register Vol. 47, No. 3, July 24, 2024
In the ski zone no boat shall be operated at speeds greater
				  than 5 miles per hour when within 50 feet of another craft or
				  person.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title IV - Recreational Vessel and Vehicle Registration and Safety › Chapter 36 - Green Valley Lake Special Water Activity Rules › Rule 571-36.15 - Horsepower Limitation

Current through Register Vol. 47, No. 3, July 24, 2024
There shall be no limitation on the horsepower of outboard
				  motors on Green Valley Lake.
This rule is intended to implement Iowa Code section
				  462A.31. [See 63
				  GA, ch 1060]
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title IV - Recreational Vessel and Vehicle Registration and Safety › Chapter 37 - Boating Safety Equipment › Rule 571-37.1 - Fire Extinguishers

Current through Register Vol. 47, No. 3, July 24, 2024
The number and type of fire extinguishers required for
				  motorboats within the state of Iowa are as follows:
(1)
Fire extinguishers.
Fire
				extinguishers shall be a U.S. Coast Guard-approved type as identified in the
				coast guard publication equipment list (CG-190) by manufacturer's model, number
				and size, or type bearing the labeling "marine type" by the Underwriters'
				Laboratories, Inc., which are U.S. Coast Guard-approved as per Federal Register
				5, November 1960.
(2)
Approved fire extinguishers.
Each fire extinguisher is
				classified, by letter and number, according to the type of fire it may be
				expected to extinguish, and the size of the extinguisher. The letter indicates
				the type of fire ("A" for fires in ordinary combustible materials; "B" for
				gasoline, oil and grease fires). Extinguishers approved for motorboats are
				hand-portable, of either B-I or B-II classification.
Classification (type-size)
Foam (minimum gallons)
Carbon Dioxide (minimum pounds)
Dry Chemical (minimum pounds)
B-I..............
1¼
4
2
B-II.............
2½
15
10
The number of approved extinguishers required depends upon
				  the class (or length) of the motorboat. One B-II extinguisher may be
				  substituted for two B-I extinguishers. When the engine compartment of the
				  motorboat is equipped with a fixed (built-in) extinguishing system of an
				  approved type, one less B-I extinguisher is required.
(3)
Fire extinguishers
				required.
Class of motorboat
Without fixed fire extinguisher system in machinery
						  space
With fixed fire extinguisher system in machinery space
I (less than 16 ft.)
1 B-I
None
II (16 ft. to under 26 ft.)
1 B-I
None
Ill (26 ft. to under 40 ft.)
2 B-I or 1 B-II
1 B-I
IV (40 ft. to 65 ft.)
3 B-I or 1 B-II and 1 B-I
2 B-I or 1 B-II
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title IV - Recreational Vessel and Vehicle Registration and Safety › Chapter 37 - Boating Safety Equipment › Rule 571-37.2 - Flame Arrester Required

Current through Register Vol. 47, No. 3, July 24, 2024
All motorboat engines, except outboard engines, shall be
				  equipped with an efficient flame arrester, backfire trap or other similar
				  device. An acceptable flame arrester shall have one of the following
				  markings:
1. U.S. Coast Guard approval
				number.
2. Complies with UL 1111
				per tests by (name of testing facility).
3. Evidence of compliance with the standard
				shall be indicated by the marking SAE J-1928 with the word MARINE arranged in a
				suitable manner.
This rule is intended to implement Iowa Code section
				  462A.3.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title IV - Recreational Vessel and Vehicle Registration and Safety › Chapter 37 - Boating Safety Equipment › Rule 571-37.6 - Lights on Vessels

Current through Register Vol. 47, No. 3, July 24, 2024
The following lights shall be required on all vessels.
(1)
Vessels at anchor. A
vessel at anchor shall exhibit between the hours of sunset and sunrise:
1.In the forepart, a white light to show 360 degrees around
				  the horizon or one ball; and
2.At or near the stern and at a lower level than the light
				  prescribed in paragraph "1" above, a white light to show 360 degrees around the
				  horizon.
A vessel of less than 50 meters in length may exhibit a white
				  light to show 360 degrees around the horizon instead of the lights prescribed
				  in this subrule.
(2)
Vessels not powered by motor or sail.
All vessels not powered
				by motor or sail and not at anchor shall exhibit a white light to show 360
				degrees around the horizon that is visible from at least one mile under clear
				conditions between the hours of sunset and sunrise when operated on natural
				lakes, Corps of Engineers impoundments, border rivers excluding border portions
				of the Big Sioux and Des Moines rivers, and impoundments on inland rivers. If
				the white light is partially obscured due to the nature of the craft, an
				additional white light must be shown in sufficient time to prevent collision.
				When operated on bodies of water other than those listed in this subrule, all
				vessels not powered by motor or sail and not at anchor shall have in possession
				a white light to be used when necessary between the hours of sunset and
				sunrise.
This rule is intended to implement Iowa Code section
				  462A.3.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title IV - Recreational Vessel and Vehicle Registration and Safety › Chapter 37 - Boating Safety Equipment › Rule 571-37.7 - Lighting Requirements for Sailing Vessels

Current through Register Vol. 47, No. 3, July 24, 2024
Vessels of all classes when propelled by sail alone shall
				  exhibit one of the following lighting systems between sunset and sunrise and at
				  all other times required by applicable laws:
(1) While underway one of the following
				lighting systems is acceptable.
a. The
				international lighting system for the applicable class of vessel.
b. The combined lantern or separate side
				lights required for the applicable class of vessel plus a white light so placed
				as to illuminate the sail so the sail is visible at a distance of at least
				one-half mile.