CHAPTER 30WATERS COST-SHARE AND GRANT PROGRAMS[Prior to 12/31/86, Conservation Commission Ch 79]DIVISION IWATER RECREATION ACCESS COST-SHARE PROGRAM57130.1(452A) Title and purpose. This division shall provide rules for the water recreation access cost-share program. The purpose of this division is to define procedures for cost sharing between state and local public agencies to provide for the acquisition or development of public recreational boating accesses to Iowa waters.57130.2(452A) Availability of funds. Moneys derived from the excise tax on the sale of motor fuel used in watercraft under Iowa Code section 452A.79 are deposited as a “marine fuel tax” and are subject to appropriation by the general assembly to the department of natural resources. Each year, as part of its approval of the department’s capital improvement plan, the commission shall designate an amount to be available for this program.57130.3(452A) Eligibility of development projects. Development projects may include, but are not necessarily limited to, the following:
- Construction of boat ramps or other conveyances by which recreational boaters are provided a means of placing boats in the water and removing them.
- Docks as necessary to provide loading and off-loading of equipment and passengers.
- Boat slips or other on-water boat storage facilities when available to the general public.
- Parking lots for vehicles and trailers of boaters utilizing public ramps.
- Roads to provide access to ramp(s) and parking.
- Rest rooms designed and located so as to primarily serve needs of recreational boaters.
- Localized dredging required to provide boat access to boatable waters.
- Shoreline protection measures judged necessary to provide for safety and longevity of boating waters.
- Signs and markers as needed to direct recreational boaters on use and regulations of access areas.
- Fencing as needed to establish boundaries, prevent encroachments and control trespass.
- Lights to provide for safe utilization of ramps and parking areas.
- Support facilities such as sidewalks, utilities, landscaping, etc., which are necessary for safe and appropriate public use.
- Canoe/small boat access sites/parking.
- Renovation projects when they meet all other criteria as specified in this rule.
- Contractual services for survey and engineering necessary for the design and construction of access facilities.
- Diagnostic feasibility studies of basin restoration and watershed protection needs of public-owned lakes where water quality, water-based recreation and sport fishing have been diminished and when the lake is included in the department’s first or second priority lists for restoration.
- Watershed protection and lake basin restoration measures of those lakes for which a diagnostic feasibility study has been completed and that meet the criteria of paragraph “16” of this rule. Measures funded shall be limited to those recommended in the diagnostic feasibility study.
- Acquisition of land when the principal use of the land will be for something other than recreational boating access.
- Any type of development which will not provide for improved or increased public access to or safety and longevity of boating waters.
- The cost of land in excess of the approved appraised valuation.
- Donated labor, materials, and equipment use, except as specified in rule 571—30.9(452A).
- Force account labor and equipment use (sponsor’s own labor and equipment), except as specified in 30.9(452A).
- Any portion of a facility, as determined by area or time of usage, that is of a commercial nature and does not provide a direct service to recreational boaters.
- Projects with a total grant request of less than $1,000.
- Any project or project costs incurred prior to notification of the sponsoring agency by the director that a grant had been approved. The only exception to this is when a waiver of retroactivity has been granted on a land acquisition project under 30.6(452A).
- Where a local public agency agrees under terms of a long-term agreement to assume maintenance and operation of a department of natural resources water access facility, the approved development or improvements needed on that facility will be funded at 100 percent.
- Where feasible and practical, the department will provide funds to cover 100 percent of materials needed for a development project if the local subdivision agrees to provide 100 percent of the labor and equipment to complete that development.
- Where joint use will be made of a project by commercial interests as well as by recreational boaters, only that portion of a project attributable to the use by recreational boaters will be cost-shared through this program.
- When, at the discretion of the director, some alternate funding level is deemed appropriate.
"Lake rehabilitation" means the improvement or restoration of lakes and watersheds from an undesirable or degraded condition to a former, less deteriorated condition or to a condition of greater usefulness.
"Local project sponsor" means recreational lake districts established pursuant to Iowa Code chapter 357E, local units of government, incorporated lake protection or improvement associations or other associations of persons directly affected by the deteriorated condition of lakes and willing to assist financially in alleviating those deteriorated conditions.
"Plan" means a plan for lake and watershed restoration, rehabilitation or enhancement that prescribes specific measures, judged feasible and cost-effective, and endorsed by the department.
"Public lake" "lake" means a natural water body or impoundment within the boundaries of the state that is accessible to the public by way of contiguous public lands or easements giving public access and does not include federal flood control impoundments.
"Study" means a lake diagnostic feasibility study of a methodology and design approved by the department.30.14(3) Availability of funding and application procedures. Funding appropriated by the legislature for this program shall be available for grants to local project sponsors. Application for funding shall be made in a format and on a date announced by the department. 30.14(4) Project review, selection and approval. Applications for funding shall be reviewed by the committee established pursuant to rule 30.7(452A). The committee shall make recommendations to the director for project funding. Projects in which the state grant exceeds $25,000 shall be presented to the natural resource commission for approval. 30.14(5) Cost-share provisions. Local project sponsors shall match each state dollar provided from this program with one dollar of local project money raised. Federal funds, other nonstate public funds, in-kind contributions and private funds raised by local project sponsors may be combined to meet the local match requirement, subject to approval of the department. 30.14(6) Eligible projects. Projects eligible for funding include studies of public lakes that include gathering data on the lake, its drainage basin, sources of pollution or nutrients, or other information necessary to determine the causes of degradation and remedial courses of action to prevent continued degradation or to determine potential causes of degradation and preventive courses of action. Preparation of a lake protection and rehabilitation plan developed under the direction of the department, lake dredging, erosion control and land acquisition related to dredging are also eligible for funding. 30.14(7) Retroactivity. Expenses and activities related to diagnostic feasibility studies occurring prior to the effective date of these rules may be eligible for funding if they are part of a project approved for funding and if the expenses and activities were necessary to record data or monitor lake conditions that are affected by seasonal changes or other natural cycles. 30.14(8) Project agreements and disbursement of funds. Upon approval of grant projects, the department and local project sponsor shall enter a project agreement on a form prescribed by the department. The duration, amount of funding and timing of disbursement of grant funds shall be stipulated in the agreement.These rules are intended to implement Iowa Code section 452A.79.57130.15 Reserved.57130.16 Reserved.57130.17 Reserved.57130.18 Reserved.57130.19 Reserved.57130.20 Reserved.57130.21 Reserved.57130.22 Reserved.57130.23 Reserved.57130.24 Reserved.57130.25 Reserved.57130.26 Reserved.57130.27 Reserved.57130.28 Reserved.57130.29 Reserved.57130.30 Reserved.57130.31 Reserved.57130.32 Reserved.57130.33 Reserved.57130.34 Reserved.57130.35 Reserved.57130.36 Reserved.57130.37 Reserved.57130.38 Reserved.57130.39 Reserved.57130.40 Reserved.57130.41 Reserved.57130.42 Reserved.57130.43 Reserved.57130.44 Reserved.57130.45 Reserved.57130.46 Reserved.57130.47 Reserved.57130.48 Reserved.57130.49 Reserved.57130.50 Reserved.DIVISION IIWATER TRAILS DEVELOPMENT PROGRAM AND LOW-HEAD DAM PUBLIC HAZARD PROGRAM57130.51(455A, 461A, 462A) Definitions. For purposes of this division, the following definitions shall apply:
"Advisory committee" means the water trails advisory committee.
"Commission" means the natural resource commission.
"Coordinator" means the staff person of the department responsible for implementing this division.
"Department" means the department of natural resources.
"Director" means the director of the department of natural resources.
"Low-head dam" means a uniform structure across a river or stream that causes an impoundment upstream, with a recirculating current downstream.
"Navigable waters" means all lakes, rivers, and streams, which can support a vessel capable of carrying one or more persons during a total of six months period in one out of every ten years.
"Scoring committee" means the water trails scoring committee, which consists of the coordinator, two other department staff members appointed by the director, and two representatives of the water recreation community selected by the director.
"Sponsor" means an eligible applicant, as described in these rules.
"Water trail" means a point-to-point travel system on a navigable water and a recommended route connecting the points.57130.52(455A, 461A, 462A) Purpose and intent. The water trails development program and the low-head dam public hazard program provide funds to assist development of local water trails on navigable waters of the state of Iowa and to support safety projects for low-head dams in the state of Iowa. The programs will be available to fund two types of projects: those that enhance water trails development and recreation and those that are limited to projects that primarily enhance dam safety in order to reduce drownings.57130.53(455A, 461A, 462A) Program descriptions. 30.53(1) Water trails development program. The department will provide funds to cities, counties and nonprofit organizations in the state of Iowa to develop water trails eligible for designation throughout the state. The goal of the water trails development program is to assist and encourage the development of community-driven water trails that provide features described herein and appropriate river management through the design and spacing of accesses. At the same time, the program shall discourage unnecessary impacts to natural resources through construction. Water trails development program projects may be eligible to become designated water trails, as determined by the department, and may be eligible for inclusion in the department’s marketing materials. 30.53(2) Low-head dam public hazard program. The department will provide funds to dam owners, including counties, cities, state agencies, cooperatives, and individuals, within Iowa to undertake projects that warn the general public about drowning hazards related to low-head dams or that remove or otherwise modify low-head dams to create a safer experience on Iowa’s navigable waters. Low-head dam removal and modification projects, when possible, shall enhance or restore ecological and recreational functions of rivers, including but not limited to fish passage, aquatic habitat, and navigation.57130.54(455A, 461A, 462A) Announcement of funding opportunity. The coordinator shall announce, at least annually, the availability of funds for the programs, designate a time and place for receiving proposals, identify any additional requirements to those enumerated in this division for successful applications, and provide at least 90 days for sponsors to submit such proposals. Not more than quarterly, the department shall provide for additional application cycles if additional funds are made available or otherwise become available.57130.55(455A, 461A, 462A) Grant requirements. By submitting a proposal pursuant to this division, a sponsor will agree to the following terms and conditions: 30.55(1) Maintenance and ownership. The sponsor will assume the overall maintenance of the integrity of the project or shall otherwise make agreements with landowners and other interested parties for such long-term maintenance as may be required. 30.55(2) Agreements. Before funds are disbursed, the sponsor will enter into a project agreement with the department. The agreement shall detail and further define the relationship of the parties. 30.55(3) Resource impacts. The sponsor will install safeguards and otherwise ensure that the proposed project will have minimum or negligible impacts on natural resources. 30.55(4) Timely commencement of projects. Funds must be completely expended within two years of the award. If the sponsor is not able to complete a project within the original time period, the sponsor must seek and receive an extension from the department to be eligible for funds beyond the original time period for completion. 30.55(5) Reports. The sponsor shall be responsible for the filing of a midterm report about the status of the project. The report shall include a description of funds expended and any issues encountered or problems that may delay or otherwise cause the project not to be completed. The sponsor shall submit a final report, which shall include the complete budget outlay for the completed project; samples of the completed project, if applicable; and a narrative of the project. 30.55(6) Expenditures. The sponsor shall expend all funds in accordance with the sponsor’s governance documents, which may include applicable provisions of the Code of Iowa. 30.55(7) Record keeping. The sponsor shall keep all project records for three years after the final report is completed. These records are to be available for audit by the state. 30.55(8) Grant amendments. For any deviation from the project outlined in the original application, the sponsor must receive approval from the coordinator in advance via electronic mail or in writing. 30.55(9) Permits and licenses. The sponsor must obtain any and all required licenses and permits from federal, state, and local authorities before commencing any activity pursuant to a grant award. 30.55(10) Control of project site. The sponsor must demonstrate that the project site or sites are under the physical control of the sponsor or its partners, either by fee title, lease, management agreement, or easement. The term of a lease, management agreement, or easement must be commensurate with the life expectancy of the proposed improvements.57130.56(455A, 461A, 462A) Application procedures. For proposals to be considered for funding, the sponsor shall submit them in the following manner: 30.56(1) The sponsor will submit an application on the forms provided by the department postmarked by the date provided in the grant opportunity announcement. The forms shall include in the project narrative a statement of grounds for eligibility. 30.56(2) The sponsor will support any claim of cost share through a signed letter from the organization providing the cost share.57130.57(455A, 461A, 462A) Proposal evaluation. Proposals will be evaluated by the scoring committee. The scoring committee shall evaluate both water trails development program proposals and low-head dam public hazard program proposals.57130.58(455A, 461A, 462A) Sponsor eligibility. 30.58(1) Water trails development program. The water trails development program is limited to local divisions of Iowa government and to nonprofit organizations recognized and incorporated pursuant to the laws of Iowa. 30.58(2) Low-head dam public hazard program. The low-head dam public hazard program is available to dam owners, including counties, cities, state agencies, cooperatives, and individuals.57130.59(455A, 461A, 462A) Project eligibility. 30.59(1) Water trails development program. The scoring committee will evaluate proposals for water trails development projects to determine whether the projects will achieve, or achieve progress related to, the goal of creating water trails that may ultimately be eligible for designation on navigable waters in the state of Iowa. The following types of projects may be eligible: a. Accesses. Construction of low-impact water access points or other conveyances by which recreational users are provided a means of legally placing vessels in the water and removing them. b. Land acquisition for water trail development. Purchases of easements or fee title lands that will be used for water trail navigation, such as access, portage, camping, or other uses related to navigation on a water trail. c. Dam warning signage. Warning signs, supporting structures, and navigational aids such as buoys at and near low-head dams. d. Navigation and interpretive signage. Various water trail signs and markers, as needed, to instruct recreational users about safe uses, regulation of access areas, and surrounding area characteristics. e. Portages. Construction of portage trails where a portage would aid navigation or around dangerous water areas, such as dams, unnavigable waters, or any other sections of water that are potentially dangerous or life-threatening. f. Related construction and development. Construction and development of items related to water trail navigation, including dam modification/removal; amenities such as access roads or parking areas, canoe racks or bike racks for shuttling purposes, and restrooms, picnic areas, and campsites that are easily accessible from waterways of primary use by water travelers; and contracted costs of developing any of the water trails navigational amenities listed. Direct labor costs to the sponsor may count toward in-kind match according to prevailing local wages, up to $10.50 per hour. g. Promotion. Informational publications of water trails for public access and online materials available to the public. h. Education. Education projects related to water safety and appropriate etiquette, with a primary focus on water trails recreation. i. Materials and equipment. Actual material cost of trail maintenance tools, gravel, fencing supplies, gates, bridges, culverts, riprap, and other materials necessary for trail, portage and access maintenance. 30.59(2) Low-head dam public hazard program. The scoring committee will evaluate proposals for projects that enhance safety at low-head dams on or adjacent to navigable waters in Iowa. The scoring committee will evaluate the following three categories of proposals: a. Small projects. Small projects shall include proposal requests of up to $20,000. Eligible projects for consideration for award as small projects shall include: warning signage and supporting infrastructure; feasibility, environmental, or preliminary design or engineering studies related to removal of hazardous structures; and construction costs related to portage trails and modification or removal of hazardous dams. b. Medium-sized projects. Medium-sized projects shall include proposal requests of $20,001 to $50,000. Eligible projects for consideration of award as medium-sized projects shall include: warning signage and supporting infrastructure; and construction and engineering costs related to portage trails and modification or removal of hazardous dams. c. Large projects. Large projects shall include proposal requests of more than $50,000. Eligible projects for consideration of award as large projects shall include construction and engineering costs related to modification or removal of hazardous dams.57130.60(455A, 461A, 462A) Cost-share requirements. 30.60(1) Water trails development program. Grant proposals for water trails development projects do not require cost share; however, cost share is strongly encouraged through the selection criteria. Any claim of cost share shall be supported through a signed letter from the organization providing the cost share. 30.60(2) Low-head dam public hazard program. Proposals requesting funds to be used for warning signs, supporting structures, and navigational aids such as buoys at and near low-head dams shall receive priority and shall be selected pursuant to the dam owner's contribution of at least 20 cents for every 80 cents awarded by the department. For the remainder of funds, proposals for other low-head dam public hazard projects shall provide at least 50 percent of the funds required to complete small, medium-sized, and large projects. Cost-share funds may include local, private, federal or other state funds. Any claim of cost share required by this subrule shall be supported through a signed letter from the organization providing the cost share. The department strongly encourages sponsors to provide more cost share than is required by these rules, and the scoring committee will provide additional consideration to those proposals that exceed cost-share requirements.57130.61(455A, 461A, 462A) Evaluation criteria. 30.61(1) Water trails development program. a. The scoring committee shall evaluate grant proposals for water trails development program projects based on the following criteria: (1) Feasibility of the proposed project; (2) Level of private resources or local resources or both available to the project; and (3) The project’s contribution to developing a designated water trail or designated wilderness water trail. b. The scoring committee shall publish its ranking system, which shall be based on the criteria described above, with the application forms. The department shall post this ranking system on its Web site, www.iowadnr.gov, at least 30 days prior to proposal due dates. c. Designated water trails. (1) For purposes of this rule, designated water trails shall include those bodies of water with the following minimum treatment:
- Provide signs to users about possible dangers and portages;
- Possess adequate portage around obstructions and dams, or have modified obstructions and dams to make them safe to navigate, or ensure that the water trail begins or ends a safe distance upstream and downstream from the obstruction or dam;
- Have accesses spaced and developed appropriately to the natural resource integrity of the water body from public roadways to the water trails;
- Provide periodic kiosks with information for users;
- Identify access to camping, lodging or other overnight accommodations; and
- Have adequate promotion through maps, brochures and other media, which include information about the access points, difficult areas, distance between accesses, nearby cities, ADA amenity information, safety information, and other information related to use of the water trail.