Text: H08224 Text: H08226 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2510 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 "Section 1. NEW SECTION. 461D.1 DEFINITIONS.
1 5 As used in this chapter, unless the context
1 6 otherwise requires:
1 7 1. "Commission" means the natural resource
1 8 commission.
1 9 2. "Conservation easement" means an easement as
1 10 defined in section 457A.2.
1 11 3. "Department" means the department of natural
1 12 resources.
1 13 4. "Loess hills area" means a tract of hills,
1 14 bluffs, and accompanying lands located adjacent to the
1 15 Missouri river in the western part of this state
1 16 consisting primarily of loess soil deposits.
1 17 5. "Management plan" means a document that
1 18 includes the goals and objectives of a specific
1 19 protected Loess Hills area which has been proposed for
1 20 designation, the specific description of the area to
1 21 be protected, land use agreements with property
1 22 owners, the specific management programming
1 23 considerations for the area, the in-depth project
1 24 evaluations, analysis, justifications, and cost
1 25 estimates, the proposed acquisition of fee title and
1 26 conservation easements and other agreements, and the
1 27 specific design and layout of facilities.
1 28 6. "Prospective protected Loess Hills area" means
1 29 a Loess Hills area designated by the commission which
1 30 possesses outstanding cultural and natural values,
1 31 such as scenic, forest, prairie, mineral, geological,
1 32 historic, archaeological, recreational, educational,
1 33 water quality, or flood protection values, and for
1 34 which an in-depth study for permanent designation as
1 35 an element of the protected Loess Hills area system is
1 36 conducted.
1 37 7. "Protected Loess Hills area" means a Loess
1 38 Hills area permanently designated by the commission
1 39 for inclusion in the protected Loess Hills area
1 40 system.
1 41 8. "Protected Loess Hills area system" means a
1 42 comprehensive program to protect Loess Hills areas
1 43 that includes the goals and objectives, the state
1 44 plan, the individual management plans, the prospective
1 45 protected Loess Hills areas, the protected Loess Hills
1 46 areas, the acquisition of fee title and conservation
1 47 easements and other agreements, and the administration
1 48 and management of the areas.
1 49 9. "State plan" means a comprehensive document
1 50 that states the long-range goals and objectives of the
2 1 protected Loess Hills area system, establishes the
2 2 procedure and criteria for prospective protected Loess
2 3 Hill area designation, provides the format for
2 4 prospective area analysis, establishes a priority
2 5 system for prospective area study, recommends
2 6 potential areas for inclusion into the system,
2 7 institutes interagency and intergovernmental
2 8 coordination, and outlines general administrative and
2 9 management needs to develop and administer the system.
2 10 Sec. 2. NEW SECTION. 461D.2 STATE PLAN.
2 11 The commission shall maintain a state plan for the
2 12 design and establishment of an administrative
2 13 framework of a protected Loess Hills area system and
2 14 those adjacent lands needed to protect the integrity
2 15 of that system.
2 16 Sec. 3. NEW SECTION. 461D.3 NOMINATION OF
2 17 PROSPECTIVE PROTECTED LOESS HILLS AREAS.
2 18 After basic resource and user data are gathered by
2 19 or provided to the commission and the commission deems
2 20 an area has merit for inclusion in a protected Loess
2 21 Hills area system, the commission may nominate the
2 22 area for prospective protected Loess Hills area
2 23 designation. Governmental subdivisions, public
2 24 agencies, interest groups, or citizens may also
2 25 recommend nomination of Loess Hills areas for
2 26 inclusion in the protected Loess Hills area system by
2 27 submitting to the commission a statement which
2 28 includes at minimum a general description of the area
2 29 being recommended for nomination, the resources
2 30 needing protection, and the benefits to be derived
2 31 from protecting the resources and a list of the
2 32 individuals, organizations, and public agencies
2 33 supporting the nomination.
2 34 Sec. 4. NEW SECTION. 461D.4 PROSPECTIVE
2 35 DESIGNATION.
2 36 The commission may designate all or part of any
2 37 Loess Hills area having any or all of the resource
2 38 values cited in section 461D.1, subsection 6, as a
2 39 prospective protected Loess Hills area. The
2 40 prospective designation shall be in effect for a
2 41 period not to exceed two years during which a
2 42 management plan is prepared for the protection and
2 43 enhancement of those values cited in section 461D.1,
2 44 subsection 6.
2 45 Sec. 5. NEW SECTION. 461D.5 PROSPECTIVE
2 46 DESIGNATION PUBLIC HEARINGS.
2 47 After the nomination of prospective protected Loess
2 48 Hills areas by the commission and prior to the
2 49 designation as a prospective protected Loess Hills
2 50 area, the commission shall conduct a public hearing in
3 1 the vicinity of the Loess Hills area. Notice of the
3 2 hearing shall be published at least twice, not less
3 3 than seven days prior to the hearing, in a newspaper
3 4 having general circulation in each county in which the
3 5 proposed Loess Hills area is located.
3 6 Sec. 6. NEW SECTION. 461D.6 MANAGEMENT PLAN.
3 7 The commission shall prepare and maintain a
3 8 management plan containing the recommendations for the
3 9 establishment, development, management, use, and
3 10 administration of each prospective protected Loess
3 11 Hills area designated by the commission. The
3 12 management plan shall be completed during the two-year
3 13 prospective designation period.
3 14 Sec. 7. NEW SECTION. 461D.7 MANAGEMENT PLAN
3 15 PUBLIC HEARING.
3 16 The commission shall hold a final public hearing on
3 17 the completed management plan in the vicinity of the
3 18 Loess Hills area at least thirty days before permanent
3 19 designation by the commission. Notice of the hearing
3 20 shall be published at least twice, not less than seven
3 21 days prior to the hearing, in a newspaper having
3 22 general circulation in each county in which the Loess
3 23 Hills area is located.
3 24 Sec. 8. NEW SECTION. 461D.8 DESIGNATION.
3 25 The commission may adopt the management plan and
3 26 may permanently designate the area as part of the
3 27 protected Loess Hills area system. Upon the
3 28 commission's adoption of the management plan and
3 29 permanent designation of the area as a protected Loess
3 30 Hills area, the commission may submit the management
3 31 plan to the general assembly for funding
3 32 consideration.
3 33 Sec. 9. NEW SECTION. 461D.9 PROTECTION METHODS.
3 34 The commission may use any one or a combination of
3 35 the available methods, except eminent domain, for
3 36 managing and preserving a protected Loess Hills area,
3 37 including but not limited to fee and less than fee
3 38 title acquisition techniques such as easements,
3 39 leasing agreements, covenants, and existing tax
3 40 incentive programs.
3 41 Sec. 10. NEW SECTION. 461D.10 LANDOWNER
3 42 COOPERATION.
3 43 Recognizing that most of the protected Loess Hills
3 44 areas may be within privately owned lands, the
3 45 commission shall cooperate with the landowners within
3 46 the designated areas in achieving the purposes of this
3 47 chapter. The landowners within the designated areas
3 48 are encouraged to cooperate with the commission.
3 49 Commission staff shall meet separately or in small
3 50 groups with landowners within prospective protected
4 1 Loess Hills areas during the preparation of the master
4 2 plan to establish workable and acceptable agreements
4 3 for the protection of the area and its accompanying
4 4 resources in a manner consistent with the purposes of
4 5 this chapter and the interest and concerns of the
4 6 landowners.
4 7 Sec. 11. NEW SECTION. 461D.11 JUDICIAL REVIEW.
4 8 Judicial review of action of the commission may be
4 9 sought in accordance with chapter 17A.
4 10 Notwithstanding chapter 17A, petitions for judicial
4 11 review may be filed in the district court of Polk
4 12 county or of any county in which the property affected
4 13 is located.
4 14 Sec. 12. NEW SECTION. 461D.12 LOCAL TAX
4 15 REIMBURSEMENT.
4 16 The state, subject to appropriation by the general
4 17 assembly, shall reimburse from the general fund of the
4 18 state any political subdivision the amount of tax
4 19 moneys lost due to any lower assessments of property
4 20 resulting from lease agreements, and the acquisition
4 21 of public lands and conservation easements stemming
4 22 from designation of a protected Loess Hills area.
4 23 Sec. 13. NEW SECTION. 461D.13 INTERAGENCY
4 24 COOPERATION.
4 25 All state agencies and governing bodies of cities
4 26 and counties and county conservation boards which are
4 27 participating in the process for designation of a
4 28 protected Loess Hills area under this chapter shall
4 29 cooperate with the commission and coordinate their
4 30 authorities, responsibilities, and program
4 31 administration in a manner which will aid in the
4 32 integrity of the protected Loess Hills area system as
4 33 outlined in the state plan, individual management
4 34 plans, and commission administrative rules.
4 35 Sec. 14. NEW SECTION. 461D.14 MANAGEMENT
4 36 COOPERATION WITH LOCAL GOVERNMENT SUBDIVISIONS.
4 37 The commission may enter into written cooperative
4 38 agreements with governing bodies of cities and
4 39 counties and county conservation boards for the
4 40 management of a protected Loess Hills area.
4 41 Sec. 15. NEW SECTION. 461D.15 PART OF A NATIONAL
4 42 PARK SYSTEM.
4 43 This chapter does not preclude a component of the
4 44 protected Loess Hills area system from being a part of
4 45 a national park system.
4 46 Sec. 16. NEW SECTION. 461D.16 DEPARTMENTAL
4 47 RULES.
4 48 The commission shall adopt under chapter 17A and
4 49 enforce the administrative rules it deems necessary to
4 50 administer this chapter."
5 1 #2. Title page, by striking lines 1 and 2 and
5 2 inserting the following: "An Act relating to the
5 3 designation and protection of tracts of deep loess
5 4 soil deposits and formation of this state."
5 5
5 6
5 7
5 8 JOCHUM of Dubuque
5 9
5 10
5 11
5 12 BELL of Jasper
5 13
5 14
5 15
5 16 COHOON of Des Moines
5 17
5 18
5 19
5 20 DOTZLER of Black Hawk
5 21
5 22
5 23
5 24 DREES of Carroll
5 25
5 26
5 27
5 28 FREVERT of Palo Alto
5 29
5 30
5 31 O'BRIEN of Boone
5 32
5 33
5 34
5 35 MERTZ of Kossuth
5 36
5 37
5 38
5 39 MUNDIE of Webster
5 40 HF 2510.201 77
5 41 tj/jl/28
Text: H08224 Text: H08226 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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