Iowa Admin. Code r. 571-21.5

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 571-21.5 - Alternative lease procedures

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 Admin. Code r. 571-21.5

Adopted by IAB March 1, 2017/Volume XXXIX, Number 18, effective 4/5/2017

Adopted by IAB May 1, 2024/Volume XLVI, Number 22, effective 6/5/2024