reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 22 - Habitat and Public Access Program › Rule 571-22.14 - Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
The commission shall enter into "Iowa Management and Access
				  Program Agreements," available on the department's website as well as through
				  the department's central office, with approved landowners to carry out the
				  purposes of this program.
(1)
				Agreement forms shall be provided by the department. The agreement shall
				explicitly state the terms of the agreement including, but not limited to: the
				location and size of the habitat improvement; the location and size of the area
				open for public access hunting; the habitat improvement practices to be
				completed, including the standards by which the practices shall be
				accomplished; the schedule for completion and length of time the site shall be
				open for public recreational hunting; and the reimbursement rate for breaches
				or early terminations of the agreement as outlined in rule
				571-22.15 (456A,
				483A).
(2) Grant funds. Habitat
				development money is only available if an agreement has been signed by both
				parties. This is not a cost-share program; the department is solely responsible
				for all habitat development cost.
(3) Agreements may be amended by mutual
				agreement of both parties.
(4)
				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, including "No Hunting in Standing Crops"
				signs at the landowner's discretion.
(5) Nothing in this program or in the
				agreement alters or waives the liability protection afforded to private
				landowners opening their lands up to public recreation under Iowa Code chapter
				461C. Access given pursuant to a signed agreement shall not constitute a
				"charge" as defined in Iowa Code section
				461C.2. As stipulated
				in Iowa Code section
				461C.4,
				landowners who participate in this program do not, by opening up their lands to
				public recreation, do any of the following:
a. Extend any assurance that the premises are
				safe for any purpose;
b. Confer
				upon such person the legal status of an invitee or licensee to whom the duty of
				care is owed;
c. Assume
				responsibility for or incur liability for any injury to person or property
				caused by an act or omission of such persons.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 22 - Habitat and Public Access Program › Rule 571-22.15 - 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 as specified in Part II of this chapter, 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 the unfulfilled years of the agreement,
				  e.g., (Total Dollars ÷ Total Years) x 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 23 - Wildlife Habitat Promotion With Local Entities Program › Rule 571-23.1 - Purpose and Definition

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to designate procedures for
				  allotments of wildlife habitat stamp revenues to local entities. These funds
				  must be used specifically for the acquisition of whole or partial interests in
				  land from willing sellers for use as wildlife habitats, and the development and
				  enhancement of wildlife lands and habitat areas. The department will administer
				  the stamp funds for the purposes as stated in the law at both the state and
				  local levels. The following definition applies in these rules:
"Waiver of retroactivity"
means approval by
				  the department for an applicant to purchase land prior to the next round of
				  wildlife habitat fund application reviews. The waiver allows the applicant to
				  remain eligible for the next round of wildlife habitat funds when extenuating
				  circumstances exist that require an immediate purchase of the subject property
				  by the applicant or a third party that will hold the property until funds
				  become available to the applicant.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 23 - Wildlife Habitat Promotion With Local Entities Program › Rule 571-23.2 - Availability of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
Habitat stamp funds are dependent on stamp sales. The amount
				  of moneys available at any time will be determined by revenues received by the
				  department. Final stamp sales for each calendar year will be determined by July
				  1 of the following year.
(1)
Local share.
Funds available for local entities shall be
				specified 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.
(2)
Distribution.
After deducting 5 percent to be held for
				contingencies, the remaining local share will be available on a semiannual
				basis each year.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 23 - Wildlife Habitat Promotion With Local Entities Program › Rule 571-23.3 - Project Limitations

Current through Register Vol. 47, No. 3, July 24, 2024
Because of administrative costs, no application for
				  assistance totaling less than $3,000 (total project cost-$4,000) will be
				  considered.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 23 - Wildlife Habitat Promotion With Local Entities Program › Rule 571-23.5 - Application for Assistance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Form.
Applications shall be submitted on forms provided by the
				department.
(2)
Time of
				submission.
The department shall 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.
				Local entities can obtain a waiver so that acquisition projects may be approved
				for retroactive payments, provided that funds are available and the project
				meets all other criteria.
(3)
Local funding.
By signing the application, the applicant
				agency is certifying that all required match has been identified and is
				committed and available for the project. An applicant shall certify in writing
				that it has the 25 percent match committed and available, by signing on the
				signature block provided on the application, and shall state the means of
				providing for the local share. All necessary approvals for acquisition and
				financing shall be included with the application. All financial income received
				directly or indirectly from sources that would have been paid to the previous
				landowner as a result of a purchase agreement or other title transfer action
				will be completely documented in the application.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 23 - Wildlife Habitat Promotion With Local Entities Program › Rule 571-23.6 - Project Review and Selection

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Review and selection committee.
a. A review and selection committee,
				hereinafter referred to as the committee, composed of one person appointed by
				the director to represent the department and designated by the director as
				chairperson and four persons appointed by the director to represent county
				conservation boards shall recommend grant applications and amendments for
				funding. Additionally, there shall be at least two alternates designated by the
				director to represent the county conservation boards in the event of a conflict
				of interest.
b. Conflict of
				interest. An individual who is a member, volunteer, or employee of a county
				conservation board 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 23 - Wildlife Habitat Promotion With Local Entities Program › Rule 571-23.7 - Commission Review

Current through Register Vol. 47, No. 3, July 24, 2024
The commission will review committee recommendations
				  semiannually at the next following commission meeting. The commission may
				  accept or reject any application recommended for funding.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 23 - Wildlife Habitat Promotion With Local Entities Program › Rule 571-23.8 - Grant Amendments

Current through Register Vol. 47, No. 3, July 24, 2024
Projects for which grants have been approved may be amended,
				  if funds are available, to increase or decrease project scope or to increase or
				  decrease project costs and fund assistance. Project changes must be approved by
				  the selection committee and then by the director prior to their inception.
				  Amendments to increase project costs and fund assistance due to cost overruns
				  will not be approved if the work has already been performed.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 23 - Wildlife Habitat Promotion With Local Entities Program › Rule 571-23.9 - Timely Commencement of Projects

Current through Register Vol. 47, No. 3, July 24, 2024
Projects for which grants are 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. Each project will be assigned a project period. Extensions
				  will only be granted in case of extenuating circumstances.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 23 - Wildlife Habitat Promotion With Local Entities Program › Rule 571-23.10 - Payments

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grant amount.
Grant recipients will be paid 75 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 reimbursements or cost sharing on forms
				provided by the department.
(3)
Acquisition projects.
If clearly requested in the project
				application and the applicant has shown good cause for such procedure, the
				department may approve direct payment to the seller of the state's share
				provided that marketable fee simple title, free and clear of all liens and
				encumbrances or material objections, is obtained by the local entity at the
				time of payments and state funds are then available.
(4)
Development projects.
On
				approved development projects, payment will be made by the department only as
				reimbursement for funds already expended by the local entity.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 23 - Wildlife Habitat Promotion With Local Entities Program › Rule 571-23.11 - 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 from other sources that normally would have been paid
				  to the previous landowner resulting from a purchase agreement or other title
				  transfer action. A copy of the county's audits particularly showing such income
				  and disbursements for the grant period will be submitted to the department's
				  budget and grants 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 laws.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 23 - Wildlife Habitat Promotion With Local Entities Program › Rule 571-23.12 - Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
Whenever any property, real or personal, acquired or
				  developed with habitat stamp fund assistance passes from the control of the
				  grantee or is used for other purposes that conflict with the project purpose,
				  it will be considered an unlawful use of the funds. The department shall notify
				  the local entity of any such violation.
(1)
Remedy.
Funds used
				unlawfully must be returned to the department for inclusion in the wildlife
				habitat stamp fund, or a property of equal value at current market prices and
				with commensurate benefits to wildlife must be acquired with local,
				non-cost-shared funds to replace it. Such replacement must be approved by the
				commission. The local entity 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 rule 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 habitat stamp
				fund assistance is no longer of value for the project purpose, or that the
				local entity has other good cause, the land, with the approval of the
				commission, may be disposed of and the proceeds thereof used to acquire or
				develop an area of equal value, or 75 percent of the proceeds shall be returned
				to the state for inclusion in the wildlife habitat stamp fund.
(3)
Ineligibility.
Whenever
				a local agency is in violation of this rule or the grant agreement, it 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 III - Assistance Programs › Chapter 23 - Wildlife Habitat Promotion With Local Entities Program › Rule 571-23.13 - Record Keeping 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 from other sources that normally would have been paid
				  to the previous landowner resulting from a purchase agreement or other title
				  transfer action. A copy of the county's audits particularly showing such income
				  and disbursements for the grant period will be submitted to the department of
				  natural resources' budget and grants 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
				  laws.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 23 - Wildlife Habitat Promotion With Local Entities Program › Rule 571-23.14 - Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
Whenever any property, real or personal, acquired or
				  developed with habitat stamp fund assistance passes from the control of the
				  grantee or is used for other purposes which conflict with the project purpose,
				  it will be considered an imlawful use of the funds. The department shall notify
				  the local entity of any such violation.
(1)
Remedy.
Funds thus used
				unlawfully must be returned to the department for inclusion in the wildlife
				habitat stamp fund, or a property of equal value at current market prices and
				with commensurate benefits to wildlife must be acquired with local,
				non-cost-shared funds to replace it. Such replacement must be approved by the
				commission. The local entity 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 rule 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 habitat stamp
				fund assistance is no longer of value for the project purpose, or that the
				local entity has other good cause, the land, with the approval of the
				commission, may be disposed of and the proceeds thereof used to acquire or
				develop an area of equal value, or 75 percent of the proceeds shall be returned
				to the state for inclusion in the wildlife habitat stamp fund.
(3)
Ineligibility.
Whenever
				a local agency shall be in violation of this rule, it 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 III - Assistance Programs › Chapter 24 - Blufflands Protection Program and Revolving Loan Fund › Rule 571-24.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of this rule:
"Fund"
means the bluffland protection
				  revolving fund established in Iowa Code section
				  161A.80A.
"State-owned lands"
means lands in which the
				  state holds the fee title through acquisition and lands in which the state
				  holds title by virtue of its sovereignty, including the beds of the Mississippi
				  River and Missouri River.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 24 - Blufflands Protection Program and Revolving Loan Fund › Rule 571-24.2 - Types of Acquisitions

Current through Register Vol. 47, No. 3, July 24, 2024
Acquisition must be fee simple and title to lands purchased
				  must be free of encumbrances, unless approved by the director on the
				  recommendation of the attorney general. Loan applicants shall submit an
				  abstract of title to lands to be purchased with loans from the fund for
				  examination by the attorney general prior to issuance of any
				  loan.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 24 - Blufflands Protection Program and Revolving Loan Fund › Rule 571-24.4 - Approval of Loan Applications

Current through Register Vol. 47, No. 3, July 24, 2024
The director shall appoint a committee to review and evaluate
				  loan applications. The committee shall make appropriate recommendations to the
				  director.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 24 - Blufflands Protection Program and Revolving Loan Fund › Rule 571-24.5 - Interest and Other Terms of Loan Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
Loans shall be for a maximum term of five years with payment
				  due at the end of the loan term. At the end of the loan term, an appropriate
				  conservation easement approved by the department shall be in effect unless the
				  fee title is conveyed to a public entity in trust to be held for conservation
				  purposes. Simple interest at an annual rate of 4 percent shall accrue on the
				  principal amount of the loan and shall be payable with the principal at the end
				  of the loan term. However, interest shall be waived for the period commencing
				  with the effective date of an approved conservation easement. All interest
				  shall be waived if the fee title is conveyed to a public entity in trust for
				  conservation purposes. The loan agreement and documents establishing security
				  for the loan shall be in a form approved by the department and the attorney
				  general. The applicant shall execute and deliver a first mortgage in favor of
				  the state of Iowa acting through the department of natural resources or provide
				  equivalent security to secure the principal and interest due on the loan. The
				  mortgage shall contain provisions for foreclosure in accordance with Iowa Code
				  chapter 654.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 24 - Blufflands Protection Program and Revolving Loan Fund › Rule 571-24.6 - Eligible Expenditures With Loan Funds

Current through Register Vol. 47, No. 3, July 24, 2024
Loan funds shall be limited to the following: land purchase,
				  usual and customary incidental costs (not including personnel, staff time, and
				  administrative overhead), land appraisal fees and land survey
				  fees.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 24 - Blufflands Protection Program and Revolving Loan Fund › Rule 571-24.7 - Custody and Management of Land During Loan Term

Current through Register Vol. 47, No. 3, July 24, 2024
Loan recipients must hold title to blufflands acquired
				  throughout the term of the loan. Where practicable, lands purchased with loan
				  funds shall be available for public use under terms and conditions stated in
				  the loan agreement. If the bluffland is sold before the end of the loan term,
				  it must first be offered to a governmental entity. If no governmental entity
				  agrees to purchase the land, it may be sold to a private buyer provided title
				  is first encumbered by a conservation easement granted to the conservation
				  organization or the state of Iowa or its political subdivisions. The easements
				  shall ensure that the natural, scenic or cultural resources of the bluffland
				  are permanently protected. If the bluffland is sold before the end of the loan
				  term, the loan balance shall become due immediately at the time of sale. A loan
				  recipient may enter into agreements, at any time, with governmental entities
				  for the care, management and public use of lands purchased with loan
				  funds.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 24 - Blufflands Protection Program and Revolving Loan Fund › Rule 571-24.8 - Loans Not to Exceed Appraised Value

Current through Register Vol. 47, No. 3, July 24, 2024
Loans from the fund shall not exceed the appraised value of
				  the land to be acquired plus approved incidental expenses listed in rule
				  571-24.6
				  (161A).
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 24 - Blufflands Protection Program and Revolving Loan Fund › Rule 571-24.9 - Custody and Management of Land During Loan Term

Current through Register Vol. 47, No. 3, July 24, 2024
Loan recipients must hold title to blufflands acquired
				  throughout the term of the loan. Where practicable, lands purchased with loan
				  funds shall be available for public use under terms and conditions stated in
				  the loan agreement. If the bluffland is sold before the end of the loan term,
				  it must first be offered to a governmental entity. If no governmental entity
				  agrees to purchase the land, it may be sold to a private buyer provided title
				  is first encumbered by a conservation easement granted to the conservation
				  organization or the state of Iowa or its political subdivisions. The easements
				  shall ensure that the natural, scenic or cultural resources of the bluffland
				  are permanently protected. If the bluffland is sold before the end of the loan
				  term, the loan balance shall become due immediately at the time of sale. A loan
				  recipient may enter into agreements, at any time, with governmental entities
				  for the care, management and public use of lands purchased with loan
				  funds.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 24 - Blufflands Protection Program and Revolving Loan Fund › Rule 571-24.10 - Loans Not to Exceed Appraised Value

Current through Register Vol. 47, No. 3, July 24, 2024
Loan recipients may be required to submit to the department
				  an appraisal of land to be acquired with loan funds. The department shall
				  review the appraisal and certify that it is fair and accurate. Loans from the
				  fund shall not exceed the appraised value of the land to be acquired plus
				  approved incidental expenses listed in rule
				  571-24.8
				  (161A).
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 25 - Certification of Land as Native Prairie or Wildlife Habitat › Rule 571-25.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to define lands that qualify
				  for native prairie and wildlife habitat property tax exemptions and to provide
				  procedures whereby owners may have them certified as such.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 25 - Certification of Land as Native Prairie or Wildlife Habitat › Rule 571-25.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Before lands will be certified as either "native prairie" or
				  "wildlife habitat" under Iowa Code section
				  427.1, they must meet the
				  criteria of the following definitions:
"Native prairie"
is defined as those lands
				  that have never been cultivated, are unimproved, and are natural or restored
				  grasslands wherein at least 50 percent of the plant canopy is a mixture of
				  grass and forb species that were found originally on Iowa's prairie
				  lands.
"Wildlife habitat"
is defined as those
				  parcels of agricultural land of two acres or less, composed of native species
				  having adequate ground cover, that are devoted exclusively for use as habitat
				  for wildlife and are protected from all other economic uses of any
				  kind.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 25 - Certification of Land as Native Prairie or Wildlife Habitat › Rule 571-25.3 - Restrictions

Current through Register Vol. 47, No. 3, July 24, 2024
Lands classified as native prairie or wildlife habitat under
				  this rule shall not be used for economic gain of any type. This includes the
				  storage of equipment, machinery, and crops, or receiving lease or rental
				  payments. There shall not be any buildings, used or unused, on the tax parcel
				  containing the exempted area.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 25 - Certification of Land as Native Prairie or Wildlife Habitat › Rule 571-25.4 - Maintenance

Current through Register Vol. 47, No. 3, July 24, 2024
Maintenance activities, including burning, chemical
				  treatment, or selective brush removal, may be performed on native prairies if
				  approved by the county conservation board or by the department of natural
				  resources in areas not served by a county conservation board. Similar
				  activities, as well as seedings and plantings, may be performed on wildlife
				  habitats if approved by the department of natural resources.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 25 - Certification of Land as Native Prairie or Wildlife Habitat › Rule 571-25.5 - Certification

Current through Register Vol. 47, No. 3, July 24, 2024
In order to have lands certified as native prairie or
				  wildlife habitat, the taxpayer must make an application to the department of
				  natural resources on forms made available by the department. The application
				  shall describe and locate the property to be exempted on a
				  map.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 25 - Certification of Land as Native Prairie or Wildlife Habitat › Rule 571-25.6 - Decertification

Current through Register Vol. 47, No. 3, July 24, 2024
Whenever land certified as natural prairie or as wildlife
				  habitat is used for economic gain or otherwise becomes ineligible for
				  tax-exempt status, the Department shall notify the appropriate
				  assessor.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 25 - Certification of Land as Native Prairie or Wildlife Habitat › Rule 571-25.7 - Decertification

Current through Register Vol. 47, No. 3, July 24, 2024
Whenever land certified as natural prairie or as wildlife
				  habitat is used for economic gain or otherwise becomes ineligible for
				  tax-exempt status, the appropriate assessor will be notified and the land shall
				  then be taxed at the regular rate for the fiscal year in which the violation
				  occurs, and for subsequent years unless the property in question is
				  recertified.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 27 - Land and Water Conservation Fund Program › Rule 571-27.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purposes of the federal Land and Water Conservation Fund,
				  hereinafter referred to as the LWCF, are as stated in Section 1(b) of the Land
				  and Water Conservation Fund Act of 1965 (54 U.S.C. §
										200301). The Iowa department of natural
				  resources, hereinafter referred to as the department, acting through its
				  director, will administer the LWCF for the same purposes at the state and local
				  levels. All state and local projects will comply with the federal statute and
				  program guidelines.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 27 - Land and Water Conservation Fund Program › Rule 571-27.2 - Apportionment Distribution

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Iowa apportionment.
The
				state expects to receive an annual apportionment from the LWCF. This annual
				apportionment, after deducting any amount necessary to cover the department's
				costs of administering the program and state outdoor recreation planning costs,
				shall be divided into two shares for state and local entity grants with the
				local entity share being not less than 50 percent.
(2)
Local share.
The local
				share of the annual LWCF apportionment shall be available for local entity
				grants on an annual basis.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 27 - Land and Water Conservation Fund Program › Rule 571-27.3 - Eligibility Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The following eligibility requirements shall apply to local
				  entities:
(1) Participation in the
				LWCF shall be limited to county conservation boards and incorporated
				cities.
(2) A local entity shall
				have assessed outdoor recreation supplies, demands and needs and shall have
				allowed for input by affected citizens within the service area of any proposed
				project. Applications shall include documentation of these planning
				processes.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 27 - Land and Water Conservation Fund Program › Rule 571-27.4 - Assistance Ceiling

Current through Register Vol. 47, No. 3, July 24, 2024
Local entities are eligible to receive annual assistance from
				  the LWCF of up to $250,000 per proposal. No grant shall be approved that
				  exceeds the allotment for the review period.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 27 - Land and Water Conservation Fund Program › Rule 571-27.5 - Grant Application Submission

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Form of application.
Grant applications for both state and local projects shall be on forms and
				follow guidelines provided by the department. Projects selected for funding
				with land and water conservation assistance must be in accordance with state
				comprehensive outdoor recreation plan (SCORP) priorities.
(2)
Application timing.
For
				local projects, grant applications shall be reviewed and selected for funding
				on an annual basis as provided in subrule 27.2(2). The department shall 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. State projects will be reviewed, evaluated and
				submitted to the National Park Service for approval as soon as practicable upon
				notification of Iowa's apportionment.
(3)
Local funding.
An
				applicant shall certify that it has committed its share of project costs. Cash
				donations must be on deposit and a bond issue must have been passed by the
				electorate if such passage is necessary if either or both is a source of local
				funding.
(4)
Development
				project application.
An application for a development project grant
				shall include development on only one project site with the exception that an
				application may include development of a like nature only on several
				sites.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 27 - Land and Water Conservation Fund Program › Rule 571-27.6 - Project Review and Selection

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Review and selection committee for local projects.
a. A five-member review and selection
				committee, hereinafter referred to as the committee, shall be composed of three
				staff members of the department as appointed by the director, one member
				appointed by the director with input from the Iowa association of county
				conservation boards, and one member appointed by the director with input from
				the Iowa league of cities and the Iowa parks and recreation association.
				Additionally, there shall be at least two alternates designated by the director
				with input from both associations and the league of cities. The committee shall
				determine which grant applications shall be selected for funding at the local
				level.
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 27 - Land and Water Conservation Fund Program › Rule 571-27.7 - Public Participation for Local Projects

Current through Register Vol. 47, No. 3, July 24, 2024
All grant applicants will be advised of the time and place of
				  the grant review session. A time period for public comment will be allowed at
				  the review session.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 27 - Land and Water Conservation Fund Program › Rule 571-27.8 - Director's Review

Current through Register Vol. 47, No. 3, July 24, 2024
The director will review, amend, reject, or approve committee
				  recommendations after each review period for local projects. Appeals of the
				  director's decision may be made to the commission.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 27 - Land and Water Conservation Fund Program › Rule 571-27.10 - Grant Amendments

Current through Register Vol. 47, No. 3, July 24, 2024
Projects for which grants have been approved may be amended.
				  Amendments to increase project costs and fund assistance due to cost overruns
				  will not be approved.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 27 - Land and Water Conservation Fund Program › Rule 571-27.11 - Timely Commencement of Projects and Project Period

Current through Register Vol. 47, No. 3, July 24, 2024
Grant recipients are expected to carry out their projects in
				  an expeditious manner. Physical work on the project shall commence within one
				  calendar year of the federal award date. Failure to do so may be cause for
				  termination of the project and cancellation of the grant. Project period is
				  assigned by federal statute.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 27 - Land and Water Conservation Fund Program › Rule 571-27.12 - Reimbursements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grant amount.
Grant recipients are reimbursed up to 50 percent
				of all eligible costs incurred on a project up to the amount of the
				grant.
(2)
Project
				billings.
The following information applies to local grants only.
				Grant recipients shall submit billings for reimbursements on forms provided by
				the department or through a cover letter. No more than two project billings
				shall be allowed. A final billing shall be submitted within 90 days following
				project completion.
(3)
Documentation.
Grant recipients shall provide documentation as
				required by the department to substantiate all costs incurred on a
				project.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 27 - Land and Water Conservation Fund Program › Rule 571-27.13 - 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. These
				  records shall be available for audit by appropriate personnel of the
				  department, the state auditor's office and the U.S. Department of the
				  Interior.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 27 - Land and Water Conservation Fund Program › Rule 571-27.14 - Ineligible Items

Current through Register Vol. 47, No. 3, July 24, 2024
The following items are ineligible for assistance from the
				  LWCF:
(1) Donated labor, materials,
				and equipment use.
(2) Force
				account labor and equipment use. (A grant recipient's own personnel and
				equipment.)
(3) Donated real
				property.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 27 - Land and Water Conservation Fund Program › Rule 571-27.15 - Record Keeping 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. These
				  records shall be available for audit by appropriate personnel of the
				  department, the state auditor's office and the U.S. Department of the
				  Interior.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 28 - All-terrain Vehicle Registration Revenue Grant Program › Rule 571-28.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"All-terrain vehicle (ATV)"
means the same
				  as defined in Iowa Code section
				  321I.1.
"Commission"
means the same as defined in
				  Iowa Code section 321I.1.
"Department"
means the same as defined in
				  Iowa Code section 321I.1.
"Designated riding area"
means the same as
				  defined in Iowa Code section
				  321I.1.
"Director"
means the same as defined in Iowa
				  Code section 321I.1.
"High-quality natural area"
means an area
				  that includes high-quality native plant communities, highly restorable native
				  plant communities or an area that provides critical wildlife habitat. An
				  on-site evaluation by qualified person(s) for each proposed site is necessary
				  in making this determination.
"Local share"
means those funds available
				  for use by incorporated organizations or other public agencies through
				  cost-sharing, grants, subgrants or contracts.
"Previously disturbed"
means an area where
				  the plant community has been severely disturbed and has not recovered or the
				  natural (native) plant biota is nearly gone. Such an area has been so heavily
				  disturbed that the plant community structure has been severely altered and few
				  or no higher plants of the original community remain. Examples are newly
				  cleared land, cropland, severely overgrazed pasture or second-growth forest,
				  quarries, mines, and sand pits.
"Sponsor"
means the incorporated
				  organization or other public agency receiving funding from the all-terrain fund
				  grant program through an agreement to acquire, develop, maintain or otherwise
				  improve designated riding areas and trails.
"State share"
means those funds that may be
				  used by the state for administration, law enforcement, or other expenses
				  related to the program.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 28 - All-terrain Vehicle Registration Revenue Grant Program › Rule 571-28.2 - Purpose and Intent

Current through Register Vol. 47, No. 3, July 24, 2024
This program provides funds from the all-terrain vehicle
				  registration fund to political subdivisions and incorporated private
				  organizations for the acquisition of land, development and maintenance of
				  designated riding areas and trails, and facilities for such use on lands which
				  may be in other than state ownership. This chapter is intended to clarify
				  procedures in Iowa Code section
				  321I.8 and to execute agreements
				  between the department and sponsors, under the authority of the director. All
				  designated riding areas, trails and facilities established or maintained using
				  revenues under this program shall be open to use by the general
				  public.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 28 - All-terrain Vehicle Registration Revenue Grant Program › Rule 571-28.3 - Distribution of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
The local share of state all-terrain vehicle registration
				  funds as established in Iowa Code section
				  321I.8 and this rule shall be
				  distributed in accordance with this chapter and upon execution of agreements.
				  The local share of the registration fund shall be at least 50 percent of
				  appropriate registration revenues. The remaining revenues shall be known as the
				  state share. State share funds shall not exceed 50 percent of the total
				  registration revenue generated for the program per fiscal
				  year.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 28 - All-terrain Vehicle Registration Revenue Grant Program › Rule 571-28.4 - Application Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Forms.
Applications for local share moneys shall be made on
				forms available from the department. The application must be completed and
				signed by the chairperson or chief executive officer of the applying sponsor.
				The application must be accompanied by a copy of the minutes of the sponsoring
				organization meeting at which the request was approved.
(2)
Grant application
				submission.
The process of applying for a grant shall follow
				guidelines, and the application shall be on form(s) provided by the department.
				The department shall publish on its website the date and time for submitting an
				application, providing at least 90 days' notice. Applications must be submitted
				to the department as described on the website. Applications will be posted on
				the department's website, at minimum, at least once per year.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 28 - All-terrain Vehicle Registration Revenue Grant Program › Rule 571-28.5 - Review and Selection Committee

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The committee responsible for reviewing, ranking and selecting projects to
				receive funding from the local share of the all-terrain vehicle registration
				revenue shall be comprised of two representatives appointed by the president of
				the Iowa Off-Highway Vehicle Association and three department representatives
				appointed by the director.
(2) The
				review and selection committee shall meet in a manner as determined by the
				department within 30 days following the application deadline. Applications
				eligible for funding will be reviewed and ranked by the committee. The
				committee's recommendations will be submitted to the director for
				approval.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 28 - All-terrain Vehicle Registration Revenue Grant Program › Rule 571-28.6 - Director's Review of Approved Projects

Current through Register Vol. 47, No. 3, July 24, 2024
The director shall review, amend, reject or approve committee
				  selections. Appeals of the director's decision may be made to the commission.
				  Applicants shall be notified of their grant status in writing within 30 days
				  after the review and selection committee meeting.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 28 - All-terrain Vehicle Registration Revenue Grant Program › Rule 571-28.7 - Project Selection Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
In reviewing projects to receive available funding, the
				  following minimum criteria shall be used:
1. Projects proposing maintenance and
				operation of existing designated riding areas and trails.
2. Development within existing designated
				riding areas or trails.
3. Projects
				having documented local support and involvement.
4. Acquisition and development projects
				located in areas of high demand with preference given to projects with the most
				long-term, stable management plan and that have the least adverse environmental
				and social impacts.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title III - Assistance Programs › Chapter 28 - All-terrain Vehicle Registration Revenue Grant Program › Rule 571-28.9 - Use of Funded Items

Current through Register Vol. 47, No. 3, July 24, 2024
Manufactured products or machinery purchased by sponsors with
				  all-terrain vehicle fund moneys shall be used only for the purpose of
				  establishing or maintaining designated riding areas, trails, or facilities and
				  as emergency rescue equipment, where applicable.