Text: H01876 Text: H01878 Text: H01800 - H01899 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 733 as follows: 1 2 #1. Page 17, by inserting after line 18 the 1 3 following: 1 4 "DIVISION ___ 1 5 BLUFFSLANDS PROTECTION PROGRAM 1 6 Sec. . NEW SECTION. 161A.80 BLUFFLANDS 1 7 PROTECTION PROGRAM REVOLVING FUND. 1 8 1. As used in this section, unless the context 1 9 otherwise requires: 1 10 a. "Bluffland" means a cliff, headland, or hill 1 11 with a broad steep face along the channel or 1 12 floodplain of a river and its tributaries. 1 13 b. "Conservation organization" means a nonprofit 1 14 corporation incorporated in Iowa or an entity 1 15 organized and operated primarily to enhance and 1 16 protect natural resources in this state. 1 17 2. A blufflands protection revolving fund is 1 18 created in the state treasury. The revolving fund 1 19 shall consist of five hundred thousand dollars 1 20 appropriated from the rebuild Iowa infrastructure fund 1 21 each fiscal year for the fiscal period beginning July 1 22 1, 1997, and ending June 30, 2017, and any other 1 23 moneys obtained or retained for the fund. The 1 24 proceeds of the revolving fund are appropriated to 1 25 make loans to conservation organizations which agree 1 26 to purchase conservation easements on blufflands along 1 27 the Mississippi river or to purchase blufflands along 1 28 the Mississippi river for resale with restrictive 1 29 covenants attached to the property. The 1 30 administrative director of the division of soil 1 31 conservation shall administer the revolving fund. 1 32 Notwithstanding section 12C.7, interest or earnings on 1 33 investments made pursuant to this section or as 1 34 provided in section 12B.10 shall be credited to the 1 35 blufflands protection revolving fund. Notwithstanding 1 36 section 8.33, unobligated or unencumbered funds 1 37 credited to the blufflands protection revolving fund 1 38 shall not revert at the close of a fiscal year. 1 39 However, the maximum balance in the blufflands 1 40 protection fund shall not exceed two million five 1 41 hundred thousand dollars. Any funds in excess of two 1 42 million five hundred thousand dollars shall be 1 43 credited to the rebuild Iowa infrastructure fund. 1 44 3. The administrative director of the division 1 45 shall establish a blufflands protection program to 1 46 demonstrate creative land protection techniques and 1 47 encourage private landowners to protect the natural 1 48 beauty of the blufflands along the Mississippi river. 1 49 The commissioners of each soil and water conservation 1 50 district which has a boundary which is coterminous 2 1 with the Mississippi river shall cooperate with and 2 2 assist the director in administering the blufflands 2 3 protection program within their respective districts. 2 4 The director shall provide, by rule, for a uniform 2 5 application form, the content of the form, provisions 2 6 for a loan agreement model conservation easement and 2 7 restrictive covenant requirements for blufflands, and 2 8 minimum qualifications of conservation organizations 2 9 which are eligible to participate in the blufflands 2 10 protection program. The administrative director shall 2 11 specify the eligible purposes for which a loan 2 12 authorized under this section can be expended 2 13 including, but not limited to, the purchase of 2 14 blufflands, the acquisition of conservation easements 2 15 on blufflands, the establishment of landowner 2 16 associations, payment for loss of land value due to 2 17 restrictive covenants, and payment for administrative 2 18 and legal costs. 2 19 4. An applicant for a loan from the blufflands 2 20 protection revolving fund shall apply to the soil and 2 21 water conservation district of the county in which the 2 22 bluffland is located. The application shall be on 2 23 forms prepared by the division and shall include the 2 24 information required by rule of the division. Each 2 25 conservation organization which applies for a loan 2 26 under this section shall demonstrate its financial 2 27 capability to qualify for a loan to the commissioners 2 28 and its commitment to natural resource protection and 2 29 appropriate development. If there is a loss of value 2 30 of a blufflands protection project funded under this 2 31 section resulting from restrictive covenants, the 2 32 conservation organization shall be forgiven seventy- 2 33 five percent of the amount of the loss not exceeding 2 34 the amount of the loan. If a loan is used to purchase 2 35 a conservation easement on a blufflands protection 2 36 project, the conservation organization shall be 2 37 forgiven seventy-five percent of the loan. The 2 38 application shall be reviewed and feasibility of the 2 39 proposed project shall be investigated by the 2 40 commissioners of the district and its report and 2 41 recommendation shall be sent to the administrative 2 42 director and the committee for approval. 2 43 5. Except as otherwise provided in this 2 44 subsection, each loan made under this section shall be 2 45 for a period not to exceed five years, shall bear no 2 46 interest for the first year, and shall be repayable to 2 47 the blufflands protection revolving fund. After the 2 48 first year and for each subsequent year that the 2 49 principal remains unpaid, interest shall be charged 2 50 against any unpaid balance of the loan. The interest 3 1 rate shall be set at the prevailing market rate for 3 2 similar real estate in the county as determined by the 3 3 director. All interest payments shall be credited to 3 4 the blufflands protection revolving fund. Each loan 3 5 shall be repaid as provided in the loan agreement. 3 6 However, interest on the principal of a loan shall be 3 7 due and payable thirty days after the conclusion of 3 8 the second year and each subsequent year that the 3 9 principal or a part of the principal remains unpaid. 3 10 A loan may be extended annually beyond the original 3 11 five years with the approval of the district 3 12 commissioners and the administrative director. 3 13 6. The administrative director may: 3 14 a. Contract, sue and be sued, and adopt 3 15 administrative rules pursuant to chapter 17A and 3 16 approved by the committee, necessary to carry out this 3 17 section, but the administrative director, the 3 18 committee, or the district commissioners shall not 3 19 directly or indirectly pledge the credit of the state 3 20 of Iowa. 3 21 b. Authorize payment from the blufflands 3 22 protection revolving fund from moneys received under 3 23 section 99F.11, subsection 4, and from any income 3 24 received by investments of any money in the fund for 3 25 costs, commissions, attorney fees, and other 3 26 reasonable expenses related to and necessary for the 3 27 making and protecting of direct loans under this 3 28 section, and for recovery of moneys loaned or the 3 29 management of property acquired in connection with the 3 30 loans. 3 31 7. The principal and interest from any blufflands 3 32 protection loans outstanding on July 1, 2017, and 3 33 payable to the blufflands protection revolving fund, 3 34 shall be paid to the administrative director of the 3 35 division of soil conservation on or after July 1, 3 36 2017, pursuant to the terms of the loan agreement and 3 37 shall be credited to the rebuild Iowa infrastructure 3 38 fund. 3 39 8. This section is repealed on July 1, 2017." 3 40 #2. By renumbering as necessary. 3 41 3 42 3 43 3 44 WITT of Black Hawk 3 45 3 46 3 47 3 48 HUSEMAN of Cherokee 3 49 3 50 4 1 4 2 THOMAS of Clayton 4 3 4 4 4 5 4 6 KLEMME of Plymouth 4 7 HF 733.511 77 4 8 mk/jw/28
Text: H01876 Text: H01878 Text: H01800 - H01899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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