reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.29 - Fees for Docks in Dock Management Areas

Current through Register Vol. 47, No. 3, July 24, 2024
Payment of the annual dock site permit fee shall be made upon
				  application. Payment of the annual hoist or slip fee shall be made upon
				  application for the hoist or slip assignment. These fees may be paid in a lump
				  sum in advance for the term of the permit or assignment. Failure to pay the
				  annual fee by April 1 of any year may result in revocation or cancellation of
				  the permit or assignment. Payment of any dock management area fee under this
				  rule shall be made to the department of natural resources as specified in the
				  permit. Annual fees are as follows:
Dock Fee
Hoist Fee
Deed's Lake
$100
$50
Black Hawk Lake Marina
$200
$50
Black Hawk Lake/Denison
$200
$50
Black Hawk North Shore
$200
$50
Blue Lake
$100
$50
Clear Lake Ventura Heights
$250
$50
Clear Lake Harbourage
$600
$100 - hoist or slip fee
Clear Lake Shorewood Hills
$600
$100 - hoist or slip fee
Clear Lake North Shore
$250
$50
East Okoboji Beach
$250
$50
Triboji Lakeshore
$250
$50
Triboji Lazy Lagoon
$250
$50 - hoist or slip fee
Pillsbury Point
$250
$50
Lower Pine Lake
$100
$50
Lake Macbride The Pines
$600
$100 - slip fee
Lake Macbride Lakecrest
$600
$100 - slip fee
Rice Lake
$100
$50
Union Grove
$100
$50
Lake Odessa
$100
$25
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.30 - Suspension, Modification or Revocation of Dock Management Area Permits

Current through Register Vol. 47, No. 3, July 24, 2024
A dock management area permit may be modified, suspended, or
				  revoked, in whole or in part, by written notice, if the director determines
				  that the dock is not safe, that a violation of any terms or conditions of the
				  permit or these rules has occurred, or that continuation of the permit is not
				  in the public interest. Such modification, suspension, or revocation shall
				  become effective upon a date specified in the notice. The notice shall state
				  the extent of the modification, suspension, or revocation, the reasons for the
				  action, and any corrective or preventative measures to be taken by the
				  permittee to bring the dock, structure, or activity into compliance. Within 30
				  days following receipt of the notice of a revocation or modification, or during
				  the course of a suspension, the permittee may file a notice of appeal,
				  requesting a contested case pursuant to 571-Chapter 7. The notice of appeal
				  shall specify the basis for requesting that the permit be
				  reinstated.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 16 - Docks and Other Structures on Public Waters › Rule 571-16.31 - Persons Affected by Dma Permit-hearing Request

Current through Register Vol. 47, No. 3, July 24, 2024
Any person who claims that riparian or littoral property
				  rights are adversely affected by a DMA dock site permit may request, in
				  writing, a hearing to reconsider the permit. Requests for hearings shall show
				  cause and shall be made in accordance with procedures described in 571-Chapter
				  7.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 17 - Leases and Permits › Rule 571-17.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of these rules is to regulate the practices of
				  leasing of state-owned land, barge fleeting, and permitting of sand and gravel
				  removal in order to protect public and private rights and interests in public
				  waters of the state of Iowa under the jurisdiction of the commission; to
				  protect public health, safety, and welfare; and to protect fish and wildlife
				  habitat.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 17 - Leases and Permits › Rule 571-17.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of this chapter, the following definitions
				  apply:
"Commission"
means the natural resource
				  commission.
"Deadman"
means an anchor buried in the
				  upland adjacent to a fleeting area.
"Department"
means the department of natural
				  resources.
"Director"
means the director of the
				  department of natural resources or the director's designee.
"Dolphins"
means a closely grouped cluster
				  of piles driven into the bed of a waterway and tied together so the group acts
				  as a unit to withstand lateral forces from vessels or other floating
				  objects.
"Fleeting area"
means an area within defined
				  boundaries used to provide barge mooring service and to accommodate ancillary
				  harbor towing under care of a fleet operator. The term does not include
				  momentary anchoring or tying off of tows in transit and under care of the line
				  haul towboat.
"Lease"
means a lease as authorized under
				  Iowa Code section 461A.25.
"Material"
means any size particle of sand,
				  gravel, or stone.
"Mooring barge"
means a barge held in place
				  by anchors or spuds and used to moor other barges during their stay in the
				  fleeting area.
"Mooring cell"
means a sheet pile structure,
				  usually filled with earth, stone, or concrete, used to hold barges or other
				  vessels in place.
"Permit"
means an agreement authorized under
				  Iowa Code section 461A.53.
"Person"
means any individual, firm,
				  partnership, joint venture, joint stock company, association, public or private
				  corporation, municipality, cooperative, estate, trust, receiver, executor,
				  administrator, or fiduciary and any representative appointed by order of any
				  court or otherwise acting on behalf of others.
"Riparian rights"
means the legal rights
				  that assure the owner of land abutting a stream or lake access to or use of the
				  water.
"State-owned lands and waters"
means lands
				  and waters acquired by the state by fee title and sovereign lands and
				  waters.
"Watercraft"
means any vessel that through
				  the buoyant force of water floats upon the water and is capable of carrying one
				  or more persons.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 17 - Leases and Permits › Rule 571-17.3 - Application for Lease or Permit

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant for, or a renewal of, a lease or permit shall
				  submit an application to the department on forms provided by the
				  department.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 17 - Leases and Permits › Rule 571-17.4 - Lease and Permit Approval

Current through Register Vol. 47, No. 3, July 24, 2024
If the director determines that there is not a material issue
				  concerning whether the application complies with applicable criteria in these
				  rules, a lease will be presented to the commission for further consideration.
				  Upon approval of the commission, the lease will be presented to the executive
				  council for final consideration. Permits will be signed by the director or
				  designee.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 17 - Leases and Permits › Rule 571-17.5 - Fee Adjustments

Current through Register Vol. 47, No. 3, July 24, 2024
Beginning January 1, 2024, and on each subsequent January 1,
				  the lease or permit fee shall be adjusted on a cumulative basis by the
				  percentage of the Consumer Price Index annual rate for the previous year for
				  the Midwest Urban Region, published by the U.S. Department of Labor, Bureau of
				  Labor Statistics. This change in fee will be applied when leases or permits are
				  created or renewed.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 17 - Leases and Permits › Rule 571-17.6 - Renewals of Leases or Permits

Current through Register Vol. 47, No. 3, July 24, 2024
The permit or lease holder shall request renewal of the lease
				  or permit no less than six months prior to its expiration or risk loss of
				  operator's right to the area. The appropriate application fee must accompany
				  the application documents. A lease or permit shall remain in force during the
				  processing of an application for renewal, including any appeals
				  process.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 17 - Leases and Permits › Rule 571-17.7 - Disputes Concerning Leases

Current through Register Vol. 47, No. 3, July 24, 2024
Contested case procedures are not applicable to disputes
				  concerning leases under this chapter, except as set forth in rule
				  571-17.8 (461A) and subrule
				  17.10(9). A commission decision whether or not to recommend a lease or a
				  particular condition of a lease is final agency action, subject to the right of
				  an applicant or other affected person to file with the director a written
				  request for reconsideration by the commission. The director must receive the
				  request for reconsideration within 30 days after the commission's decision on a
				  proposed lease. A commission decision to recommend a lease will be forwarded to
				  the executive council of Iowa for approval after 30 days following the
				  commission's decision unless the director has been notified of a written
				  request for reconsideration or the filing of a petition for judicial review of
				  the commission's recommendation.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 17 - Leases and Permits › Rule 571-17.8 - Termination for Cause

Current through Register Vol. 47, No. 3, July 24, 2024
Permits or leases may be terminated by the director at any
				  time if a permit or lease holder fails to fulfill the obligations under the
				  permit or lease in a timely and proper manner, or if a permit or lease holder
				  violates any of the terms and conditions of the permit or lease. Termination
				  proceedings shall be in compliance with Iowa Code chapter 17A and 571-Chapter
				  7. Upon termination or expiration of the permit or lease, the permit or lease
				  holder shall immediately stop all operations and remove all equipment from the
				  lands and waters covered by the permit or lease within a time frame designated
				  in the notice of termination. In the event of failure of the permit or lease
				  holder to remove all equipment from the premises within such time period, the
				  director shall have the right to remove the equipment at the expense of the
				  permit or lease holder.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 17 - Leases and Permits › Rule 571-17.9 - Lease Fees for State-owned Property, Riverbed, Lakebed, and Waterfront Lands

Current through Register Vol. 47, No. 3, July 24, 2024
The following guidelines are for the purpose of expediting
				  the administration of applications for lease and use of land under the
				  jurisdiction of the natural resource commission, excepting those lands leased
				  for agricultural purposes, commercial concession agreements, and agreements
				  covering the removal of sand, gravel, and other natural materials.
(1)
Annual lease fee.
Beginning January 1, 2024, the fee for leases shall be $0.0600 per square foot.
				Leases deemed commercial by the commission will have a minimum lease value of
				$300, and those deemed nonprofit or noncommercial by the commission will have a
				minimum lease value of $150.
(2)
Administration fee.
All nonfleeting leases shall be assessed a
				one-time charge of 18 percent to cover the department's cost of inspecting
				lease sites, reviewing applications, preparing leases, and administering the
				lease program.
(3)
Exceptions to standard lease fee.
When persons apply for
				permission to convert or have converted state property under the jurisdiction
				of the commission to personal use and the commission determines that leasing is
				an appropriate alternative to removal or that the above rates are not
				appropriate, the annual lease fee shall be determined by the commission. When
				determining the fee, the commission may consider availability of the property
				for public use, the type of personal use being made of the property, appraisal,
				effect on the natural resources and other items appropriate for the area
				involved.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 17 - Leases and Permits › Rule 571-17.12 - Lease Fee

Current through Register Vol. 47, No. 3, July 24, 2024
The annual lease fee in dollars to be paid by the operator to
				  the department shall be based on the dimensions of the area to be used as a
				  fleeting area. The fee shall be determined as follows:
1.For each year included under leases issued
				prior to January 1, 2007, $3.18 per each 100 square feet or fraction
				thereof
2.Effective under leases
				issued on and after January 1, 2007, each subsequent January 1, the fee per 100
				square feet shall be adjusted on a cumulative basis, by the percentage of the
				Consumer Price Index for the Midwest Urban Region, published by the U.S.
				Department of Labor, Bureau of Labor Statistics, for the previous one-year
				period.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 17 - Leases and Permits › Rule 571-17.13 - Renewals

Current through Register Vol. 47, No. 3, July 24, 2024
The operator shall request renewal of the lease not more than
				  nine or less than six months prior to its expiration. The application fee as
				  provided in 17.10(2)
"b "
must accompany the request. A lease
				  shall remain in force during the processing of an application for renewal,
				  including any appeals process, provided that the application for renewal was
				  made not less than six months before expiration of the lease. Failure to
				  request renewal shall terminate the operator's rights to the fleeting
				  area.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 17 - Leases and Permits › Rule 571-17.14 - Disputes Concerning Leases

Current through Register Vol. 47, No. 3, July 24, 2024
Contested case procedures are not applicable to disputes
				  concerning leases under this chapter, except as set forth in 17.15(461A) and
				  17.16(461A). A commission decision whether or not to recommend a lease or a
				  particular condition of a lease is final agency action, subject to the right of
				  an applicant or other affected person to file with the director a written
				  request for reconsideration by the commission. The director must receive the
				  request for reconsideration within 30 days after the commission's decision on a
				  proposed lease. A commission decision to recommend a lease will be forwarded to
				  the executive council of Iowa for approval after 30 days following the
				  commission's decision unless the director has been notified of a written
				  request for reconsideration or the filing of a petition for judicial review of
				  the commission's recommendation.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 17 - Leases and Permits › Rule 571-17.15 - Lease Revocation

Current through Register Vol. 47, No. 3, July 24, 2024
A lease may be revoked upon determination that operation of
				  the facility is in violation of a condition of the lease. Revocation
				  proceedings shall be in compliance with Iowa Code chapter 17A and 571-Chapter
				  7.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 17 - Leases and Permits › Rule 571-17.16 - Nonuse

Current through Register Vol. 47, No. 3, July 24, 2024
Failure by an operator to substantially exercise the rights
				  granted in a lease issued under this chapter within a period of two years from
				  the issuance of the lease shall render the lease null and void unless extended
				  by the department. Failure by an operator to substantially exercise the rights
				  granted in a lease issued under this chapter for any period of two consecutive
				  years shall create a rebuttable presumption that the operator intends to
				  abandon and forfeit the lease and shall be cause for a review of the lease by
				  the department. The operator may request a contested case proceeding in
				  accordance with Iowa Code chapter 17A and 571-Chapter 7.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 20 - Manufacturer's Certificate of Origin › Rule 571-20.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter, unless the context clearly requires
				  a different meaning:
"At retail"
means to dispose of a vessel to
				  a person who will devote it to a consumer use.
"Beam or width"
means the transverse
				  distance between the outer sides of the boat at the widest point excluding
				  handles and other similar fittings, attachments, and extensions.
"Capacity plate"
means the U.S. Coast Guard
				  capacity plate bearing the information required by federal regulations
				  governing boats and associated equipment. It shall not mean capacity plate
				  information furnished by the boating industry association, national marine
				  manufacturers association, or any similar organization.
"Department"
means department of natural
				  resources.
"Essential parts"
means all integral and
				  body parts of a vessel required to be titled under Iowa Code chapter 462A, the
				  removal, alteration, or substitution of which would tend to conceal the
				  identity of the vessel or substantially alter its appearance, model, type, or
				  mode or method of operation.
"Length"
means the straight line horizontal
				  measurement of the overall length from the foremost part of the boat to the
				  after most part of the boat, measured from end to end over the deck excluding
				  sheer, and measured parallel to the centerline. Bow sprits, bumpkins, rudders,
				  outboard motor brackets, handles, and other similar fittings, attachments, and
				  extensions are not included in the measurement.
"Manufacturer's certificate of origin"
means
				  a certification signed by the manufacturer or importer that the vessel
				  described has been transferred to the person or dealer named and that the
				  transfer is the first transfer of the vessel in ordinary trade or commerce. The
				  terms "manufacturer's certificate," "importer's certificate," "manufacturer's
				  statement," "MSO," and "MCO" shall be synonymous with the term "manufacturer's
				  certificate of origin."
"New vessel"
means every vessel that has not
				  been sold at retail and not previously titled in this state or any other
				  state.
"Person"
means an individual, partnership,
				  firm, corporation, or association.
"Reconstructed vessel"
means every vessel of
				  a type required to be titled under Iowa Code chapter 462A materially altered by
				  the removal, addition, or substitution of essential parts, new or used.
"Specially constructed vessel"
means every
				  vessel of a type required to be titled under Iowa Code chapter 462A, not
				  originally constructed under a distinctive name, make, model, or type by a
				  generally recognized manufacturer of vessels and not materially altered from
				  its original construction.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 20 - Manufacturer's Certificate of Origin › Rule 571-20.3 - Certificate of Origin-content

Current through Register Vol. 47, No. 3, July 24, 2024
The following information shall be furnished, required, and
				  stated in the certificate of origin.
(1) Date of transfer.
(2) Invoice number that covers the transfer
				of this particular vessel.
(3) Name
				and complete address of dealer to whom the boat is being transferred.
(4) Trade name and model of vessel.
(5) Model year of vessel.
(6) Manufacturer's hull identification number
				(HIN) or serial number of hull if HIN is not available.
(7) The type of boat, hull material,
				propulsion type, fuel type (if applicable), and engine drive type shall be
				listed in accordance with current United States Coast Guard requirements as
				specified in the Code of Federal Regulations.
(8) Length overall in feet and inches (exact
				measurement required). For pontoon boats and houseboats, this shall be the deck
				measurement.
(9) U.S. Coast Guard
				capacity plate information (where applicable).
a. Maximum horsepower rating.
b. Maximum persons capacity in whole
				persons.
c. Maximum weight capacity
				(persons, motor, gear, etc.).
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 20 - Manufacturer's Certificate of Origin › Rule 571-20.4 - Procedure-dealer

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Upon sale of a vessel, the dealer shall complete the first assignment
				information required on the reverse of the certificate of origin.
(2) The dealer shall deliver the certificate
				of origin to the purchaser along with a bill of sale or receipt showing that
				the person has purchased the vessel for consumer use.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 20 - Manufacturer's Certificate of Origin › Rule 571-20.5 - Procedure-purchaser

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The purchaser shall utilize the information contained on the certificate of
				origin to complete the information required on the application for vessel
				title.
(2) The purchaser shall
				surrender the certificate of origin to the county recorder upon applying for a
				vessel title.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 20 - Manufacturer's Certificate of Origin › Rule 571-20.6 - Procedure-county Recorder

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The county recorder shall verify that the
				information contained in the application and the certificate of origin
				correspond and shall utilize that information so far as possible in issuing the
				vessel title.
(2) The county
				recorder shall retain the certificate of origin as a part of the permanent
				record of that vessel's title transactions.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 20 - Manufacturer's Certificate of Origin › Rule 571-20.7 - Vessel Titling

Current through Register Vol. 47, No. 3, July 24, 2024
A person shall not title a vessel after December 31, 1987,
				  without furnishing to the county recorder a manufacturer's certificate of
				  origin.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 20 - Manufacturer's Certificate of Origin › Rule 571-20.8 - Vessel Titling

Current through Register Vol. 47, No. 3, July 24, 2024
A person shall not title a vessel after December 31, 1987,
				  without furnishing to the county recorder a manufacturer's certificate of
				  origin.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 21 - Habitat Lease Program › Rule 571-21.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of the habitat lease program is to enhance
				  habitat for wildlife in the state of Iowa, thereby providing recreational
				  opportunities to the public. Utilization of habitat leases provides practices
				  that are essential to successful wildlife habitat management and vegetation
				  management and reduces associated operating expenses.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 21 - Habitat Lease Program › Rule 571-21.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Cash rent"
means an agreed-upon sum of
				  money to be paid to the department.
"Crop share"
means a sum of money to be paid
				  to the department based upon the value of an agreed-upon portion of the
				  harvested crop at the local market price on the date the crop is
				  harvested.
"Crop year"
means a one-year period
				  terminating each February 28.
"Department"
means the department of natural
				  resources.
"Director"
means the director of the
				  department of natural resources or a designee.
"Land manager"
means the department employee
				  or authorized agent responsible for managing a particular area under department
				  jurisdiction.
"Lease"
means the written form used to enter
				  into an agreement whereby an operator is authorized to engage in farming
				  operations on land under the jurisdiction of the department according to stated
				  terms and conditions.
"Operator"
means any party who enters into a
				  lease with the department as provided in these rules.
"Program"
means the lease to beginning
				  farmers program as provided in Iowa Code section
				  456A.38.
"Sovereign land"
means state-owned land
				  within the ordinary high-water mark of meandered rivers and lakes where
				  ownership was transferred directly from the United States to the state of Iowa
				  upon its admission to the union.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 21 - Habitat Lease Program › Rule 571-21.3 - Habitat Lease Policy

Current through Register Vol. 47, No. 3, July 24, 2024
The policy of the department is to lease agricultural land
				  under its jurisdiction so as to protect and enhance natural resources and to
				  provide public use opportunities. Generally accepted farming practices will be
				  followed so long as they are commensurate with good resource management
				  practices. All leases shall be in writing.
(1)
Agricultural land use.
Leased agricultural land is subject to any practice necessary to enable the
				department to carry out its resource management and subject to recreational use
				by the public according to the laws of the state of Iowa. Operators shall not
				inhibit any lawful use of the land by the public including, but not limited to,
				use by the public for hunting and fishing as described by the rules of the
				department and the laws of the state of Iowa, except as otherwise may be agreed
				to between the department and the operator.
(2)
Soil conservation.
Farming practices shall not exceed compliance-based soil loss limits as
				established by the USDA Natural Resource Conservation Service or the local soil
				and water conservation district.
(3)
Lease basis.
Leases
				shall be in writing on a cash rent basis, except a crop share basis may be
				utilized when determined to be in the state's best interest.
(4)
United States Department of
				Agriculture programs.
The inclusion, by the operator, of land under
				lease in any U.S. Department of Agriculture program will be allowed only if it
				is compatible with the department's management plan established for said
				land.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 21 - Habitat Lease Program › Rule 571-21.4 - Lease to Beginning Farmers Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Beginning farmers
				program.
This program shall be implemented in accordance with Iowa
				Code section 456A.38.
(2)
Establishing annual lease
				payments.
Iowa Code section
				456A.38(3)
"d"
provides criteria the department uses to determine lease
				payment amounts, including, but not limited to, the cost of the establishment
				or maintenance of water quality practices, wildlife habitat, vegetation
				management, or food plots, if applicable.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 21 - Habitat Lease Program › Rule 571-21.5 - Alternative Lease Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
In the event that no beginning farmer seeks to participate in
				  the program, or no beginning farmer is found qualified to participate in the
				  program for a given lease, the following procedures shall be followed by the
				  department in administering the habitat lease program.
(1)
Advertising for bids.
A
				notice advertising for bids shall be published in at least one local
				newspaper.
(2)
Prebid
				informational meeting.
A prebid informational meeting may be held when
				the land manager determines that a meeting is in the state's best interest.
				Notice of a prebid informational meeting shall be included in the advertisement
				for bids and in the written instructions to bidders. The meeting shall be held
				no later than one week prior to the bid opening. If a prebid meeting is
				required, bidders must attend to qualify to submit a bid.
(3)
Form of bid.
Written
				sealed bids shall be utilized.
(4)
Public bid opening.
All sealed bids shall be publicly opened
				as stated in the notice for bids. The results of the bids shall be made
				available to any interested party.
(5)
Awarding of lease.
The
				amount of the bid, past experience with the bidder, the bidder's ability to
				comply with the terms of the lease, and the bidder's ability to perform the
				required farming practices shall be considered. The department reserves the
				right to waive technicalities and reject any or all bids not in the best
				interest of the state of Iowa.
(6)
Negotiated leases.
The land manager may negotiate a lease with
				any prospective operator, subject to approval of the director, in any of the
				following instances:
a. No bids are
				received.
b. Gross annual rent is
				$5,000 or less.
c. Where land
				acquired by the department is subject to an existing tenancy.
d. To synchronize the lease period of newly
				leased areas with other leases in the same management unit.
e. Where a proposed lease includes only land
				not accessible to equipment necessary to perform the required farming
				operations, except over privately owned land, provided the prospective operator
				possesses legal access to the leased land over said privately owned
				land.
f. Where the director
				authorizes a lease as a condition of a land purchase or trade.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 21 - Habitat Lease Program › Rule 571-21.6 - Terms Applicable to All Habitat Leases

Current through Register Vol. 47, No. 3, July 24, 2024
The following terms and conditions apply to all department
				  habitat leases entered into pursuant to rule
				  571-21.4 (456A) or
				  571-21.5 (456A).
(1)
Final approval of award.
All awards of leases shall be approved by the director. Additionally, awards of
				all leases on sovereign land shall be subject to approval by the state
				executive council on recommendation of the natural resource
				commission.
(2)
Payment of
				cash rent.
The operator shall pay a minimum of 10 percent of the total
				gross rent at the time of the signing of the lease and the balance for each
				crop year on or before December 1, or the operator shall pay 50 percent of the
				total annual rent each April 1 and the balance for each crop year on or before
				December 1. The appropriate minimum payment shall be determined by the land
				manager.
(3)
Payment of
				crop share rent.
The operator shall pay the total annual rent on
				December 1 or at the time of harvest, whichever is later.
(4)
Termination.
In
				accordance with Iowa Code section
				562.6, the lease shall serve as
				the written agreement fixing the time of termination of the tenancy. The lease
				shall terminate at the end of the agreed-upon lease term without notice. If the
				department requires leased land for other conservation purposes during the term
				of the lease, the operator shall relinquish all rights under the existing
				lease, upon demand by the director, at the end of the current crop
				year.
(5)
Termination for
				cause.
If the operator fails to comply with any of the terms of the
				lease, the department may serve notice on the operator demanding redress within
				a specified period of time. If compliance is not made within the specified
				period, the department may proceed to collect any moneys that may be due and
				payable during the crop year in which the lease is terminated and may void the
				remainder of the lease. Further, the department may have a landlord's lien as
				set out by Iowa Code chapter 570.
(6)
Previous agreements.
The
				department shall recognize legal agreements regarding habitat leases that are
				in effect at the time the department acquires jurisdiction to the land covered
				by those legal agreements.
(7)
Amendment to lease.
Amendments to any lease shall be evidenced
				by written instruments attached to and made a part of the lease. Final approval
				of amendments shall be made by the director.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 22 - Habitat and Public Access Program › Rule 571-22.2 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
In order to be eligible for this program, an applicant
				  shall:
(1) Have land in Iowa that
				already contains wildlife habitat or be willing to allow development of
				wildlife habitat;
(2) Enter into an
				agreement with the department; and
(3) Allow public access for hunting without
				charge on at least 40 acres.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 22 - Habitat and Public Access Program › Rule 571-22.3 - Application Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Applications will be accepted only from those eligible
				  pursuant to rule 571-22.2 (456A,483A).
(1)
Applications.
Applications must be submitted on forms furnished by the department. Landowners
				will be notified in writing within 30 days of submission of an application
				whether they have been accepted into the program.
(2)
Project review and
				selection.
Projects will be selected based on the ranked scoring
				criteria in the application, which prioritize sites with the greatest chance of
				benefiting wildlife populations and providing adequate recreational hunting
				opportunities. The criteria include, but are not necessarily limited to, the
				site's habitat potential, site suitability, priority locations, and other
				relevant habitat and hunting access factors.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 22 - Habitat and Public Access Program › Rule 571-22.4 - Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				commission shall enter into an agreement with approved landowners to carry out
				the purposes of this program.
(2)
				Enrolled lands are subject to game management area hunting rules as contained
				in 571-Chapter 51. Access and boundary signs shall be placed and maintained on
				enrolled lands by the department.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 22 - Habitat and Public Access Program › Rule 571-22.5 - Cost Reimbursement

Current through Register Vol. 47, No. 3, July 24, 2024
Whenever a landowner has been found to be in violation of an
				  agreement or terminates the agreement early, the landowner shall reimburse the
				  state a prorated amount of the value of wildlife habitat improvement work
				  completed on the property divided by the entire agreement period multiplied by
				  the unfulfilled years of the agreement, e.g., (total dollars ÷ total
				  years) × unfulfilled years = prorated amount owed. Additionally, the
				  landowner may be assessed early termination penalties that the department may
				  be required to pay a contractor performing the wildlife habitat improvement
				  work on the property.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 22 - Habitat and Public Access Program › Rule 571-22.6 - Shelterbelts

Current through Register Vol. 47, No. 3, July 24, 2024
This rule delineates eligibility and procedures for
				  establishing shelterbelts for winter wildlife habitat.
(1)
Eligibility.
The program
				is available statewide.
a. To be eligible for
				cost assistance, landowners must enter into a written agreement with the
				department specifying the obligations of both parties.
b. Rescinded lAB 1/24/90, effective
				2/28/90.
c. Assistance for
				replacement of trees or shrubs suffering normal mortality in a shelterbelt
				previously cost-shared by the department will be available in any county
				currently or previously eligible subject to conditions in subrule 22.6(6),
				paragraph
"c. "
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 22 - Habitat and Public Access Program › Rule 571-22.7 - Pheasant and Quail Restoration Practices

Current through Register Vol. 47, No. 3, July 24, 2024
This rule delineates eligibility and procedures for
				  establishing pheasant and quail restoration practices.
(1)
Eligibility.
The program
				is available statewide. To be eligible for cost assistance, landowners must
				enter into a written agreement with the department specifying the obligations
				of both parties.
(2)
Applications for assistance.
Applications will be accepted
				only from those who are eligible as noted above.
a. Applications must be submitted on forms
				furnished by the department.
b.
				Applications and contracts must be received by June 1 to provide adequate time
				for site inspection and practice design. The application period may be extended
				indefinitely, or until all available funds have been committed. Landowners will
				be notified within 30 days of their acceptance or rejection.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 22 - Habitat and Public Access Program › Rule 571-22.8 - Cost Reimbursement

Current through Register Vol. 47, No. 3, July 24, 2024
Whenever a landowner has been found to be in violation of a
				  contract specified in this rule, the department may cancel the contract and the
				  landowner shall reimburse the state for the full amount of any cost-share
				  payments received. The requirement and procedure for recovering the cost-share
				  payments shall be explained in the contract.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 22 - Habitat and Public Access Program › Rule 571-22.9 - Wildlife Habitat Enhancement on Public and Private Lands

Current through Register Vol. 47, No. 3, July 24, 2024
The department's primary goal for the wildlife bureau's seed
				  harvest program is to provide an adequate supply of native plant materials to
				  meet the diverse seeding requirements of state and federal land that is owned
				  or managed by the department.
(1)
Private land.
The department may enter into agreements to meet
				the challenge of providing native plant materials to conservation groups,
				educational groups, and private landowners for use in promoting and
				establishing wildlife habitat and conservation plantings in Iowa. These
				materials include, but are not limited to, seed and seedlings of prairie
				plants, grains, and agricultural crop seeds. All native prairie plant materials
				provided to Iowa landowners will be purchased through these agreements.
				Landowners who receive this seed will be required to enter into a cooperative
				habitat development agreement with the department. This agreement shall limit
				the landowner to utilizing the seed for development of wildlife habitat only
				and explicitly prohibit the landowner from harvesting or producing seed for any
				purpose other than providing wildlife habitat.
(2)
Public land.
The
				department's seed harvest program will harvest, process, and distribute native
				plant materials for the purpose of improving wildlife habitat on
				department-managed land in Iowa. Native plant materials include prairie grasses
				and forbs and mast crops from trees. In addition, native plant materials may be
				provided to educational groups (schools) or conservation groups who want to
				carry out educational, environmental or demonstration plantings that will
				promote prairies and wildlife habitat. These materials will be limited to $300
				or less in value and must be used for providing wildlife habitat or
				demonstrating the use of native plant materials. These materials provided to
				groups will include a marketing disclaimer which prohibits the materials from
				being used for seed source by the receiving group. The department may enter
				into agreements with conservation partners or governmental agencies to utilize
				prairie seed and seedlings as a matching source of in-kind value to secure
				additional funding or land acquisition, providing all seed materials remain on
				lands owned, managed or to be acquired by the department.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 22 - Habitat and Public Access Program › Rule 571-22.10 - Purpose and Authority

Current through Register Vol. 47, No. 3, July 24, 2024
These rules set forth the procedures to open private lands to
				  public hunting, while providing grant funds to create, manage, and enhance
				  wildlife habitat. Pursuant to Iowa Code section 456A. 19, all funds deposited
				  into the state fish and game protection fund shall be expended solely in
				  carrying on the activities of the fish and wildlife division. The department
				  assesses a wildlife habitat fee in conjunction with each resident and
				  nonresident hunting license sold in Iowa, and this fee is deposited into the
				  state fish and game protection fund. At least one dollar from every wildlife
				  habitat fee is required to be spent in a manner that increases landowner
				  participation in federally funded conservation programs that encourage
				  opportunities for recreational hunting on private land.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 22 - Habitat and Public Access Program › Rule 571-22.11 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of this part:
"Commission "
means the natural resource
				  commission.
"Department"
means the department of natural
				  resources.
"Program "
means the habitat and public
				  access program.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 22 - Habitat and Public Access Program › Rule 571-22.12 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
In order to be eligible for this program, an applicant
				  shall:
1.Have land in Iowa that already
				contains wildlife habitat or be willing to allow development of wildlife
				habitat;
2.Enter into an agreement
				with the department; and
3.Allow
				public access for hunting without charge on at least 40 acres.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 22 - Habitat and Public Access Program › Rule 571-22.13 - Application Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Applications will be accepted only from those eligible
				  pursuant to rule
				  571-22.12
				  (456A,483A).
(1)
Applications.
Applications must be submitted on forms
				furnished by the department. Applications and agreements must be received by
				June 1 to provide adequate time for signage on the property and to ensure that
				the public is aware the area is open to public hunting. However, at the
				department's discretion and dependent upon the availability of funds, the
				application period may be extended. Landowners will be notified in writing
				within 30 days of submission of an application whether they have been accepted
				into the program.
(2)
Availability of funds.
Funds available for this program are
				provided through a Voluntary Public Access and Habitat Incentive Program Grant
				awarded to the department by the U.S. Department of Agriculture as well as from
				wildlife habitat fees.
a. Funds available for
				assisting landowners shall be in the department's budget in accordance with
				legislative appropriations. Funds will be made available during a fiscal year
				of July 1 to June 30.
b. To
				maximize the amount of wildlife habitat actually established, the department
				may accept contributions from any governmental agency or private conservation
				group to support habitat practices designed to implement the habitat and public
				access program. Department funds may also be used to match other funding
				sources or incentive programs.