ARC 9438C - Iowa Administrative Rules

Adopted and Filed

State lands volunteer program, ch 13

Untitled document

ARC 9438C

NATURAL RESOURCES DEPARTMENT[561]

Adopted and Filed

Rulemaking related to state lands volunteer program

The Department of Natural Resources (Department) hereby rescinds Chapter 13, “State Lands Volunteer Program,” Iowa Administrative Code, and adopts a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code section 461A.81.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code section 461A.81.

Purpose and Summary

Chapter 13 establishes the rules regarding the State Lands Volunteer Program. This program allows certain nonprofit organizations and individuals providing qualifying volunteer services for the Department to be eligible for liability protection under Iowa Code chapter 669 (Iowa Tort Claims Act).

This chapter was edited for length and clarity consistent with Executive Order 10. Redundant language and statutory provisions in the prior version of the chapter have been removed.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 8, 2025, as ARC 8615C. A public hearing was held on the following date(s):

●January 29, 2025

●February 6, 2025

No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Department on June 30, 2025.

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

This rulemaking will become effective on August 27, 2025.

The following rulemaking action is adopted:

ITEM 1.Rescind 561—Chapter 13 and adopt the following new chapter in lieu thereof:

CHAPTER 13

STATE LANDS VOLUNTEER PROGRAM

561—13.1(461A) Definitions.

“Department” means the same as defined in Iowa Code section 461A.1(2).

“Director” means the same as defined in Iowa Code section 461A.1(3).

“Volunteer” means an organization incorporated under Iowa Code chapter 504 as a nonprofit organization, or an individual providing services on behalf of the nonprofit organization, that provides volunteer services for the benefit of lands under the jurisdiction of the department and that registers as a volunteer under this chapter. A volunteer may include a friends group or organization as defined in 571—14.1(461A). A volunteer shall not include an organization or individual that operates a concession operation, as defined in 571—14.1(461A), unless that concession operation remits all receipts and returns all net proceeds after qualifying expenses from such operations to the department for the benefit of the state parks system, or otherwise procures goods or services for the benefit of the department. Qualifying volunteer services are, unless otherwise specified, limited to activities undertaken on lands under the jurisdiction of the department to benefit such lands. Volunteer services do not include any administrative functions of a nonprofit organization registered under this program.

561—13.2(461A) Registration. Organizations seeking to provide services under this program forthe benefit of lands under the jurisdiction of the department must register with the department. The department shall make forms available for such application. The department may request additional information as part of its review. Registration must be renewed every other year or as soon as substantial changes are planned to the approved services contained in the authorization letter referenced in this chapter, whichever occurs first.

561—13.3(461A) Review. The department will review requests for registration to determine whether the registrant will be designated a volunteer under this program. The department shall evaluate the volunteer’s ability to perform the services, the department’s identified need for such services, and the department’s ability to manage the volunteer’s proposed activities, if applicable.

561—13.4(461A) Department decision. The department shall notify the registrant of its decision within a reasonable time period. If the department admits the registrant into the program, the department shall issue an authorization letter that shall be acknowledged by the registrant and shall state the terms of the registrant’s participation in the program. The department may authorize the registrant’s proposed activities in part and deny them in part. The department may provide reasons for any program denials.

561—13.5(461A) Program benefit. Volunteers providing services consistent with this program shall be afforded liability protection consistent with Iowa Code section 669.24, provided the volunteers are complying with the terms of the authorization letter issued by the department. Failure to comply with department directives or policies, including those that may be described in the authorization letter and any amendments, may negate this liability protection. Nothing in these rules shall require registered volunteers to secure insurance for activities approved in the department’s authorization letter.

These rules are intended to implement Iowa Code section 461A.81.

[Filed 7/1/25, effective 8/27/25]

[Published 7/23/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 7/23/25.