Text: HSB00554 Text: HSB00556 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 461D.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Commission" means the natural resource commission.
1 5 2. "Conservation easement" means an easement as defined in
1 6 section 457A.2.
1 7 3. "Department" means the department of natural resources.
1 8 4. "Loess hills area" means a tract of hills, bluffs, and
1 9 accompanying lands located adjacent to the Missouri river in
1 10 the western part of this state consisting primarily of loess
1 11 soil deposits.
1 12 5. "Management plan" means a document that includes the
1 13 goals and objectives of a specific protected Loess Hills area
1 14 which has been proposed for designation, the specific
1 15 description of the area to be protected, land use agreements
1 16 with property owners, the specific management programming
1 17 considerations for the area, the in-depth project evaluations,
1 18 analysis, justifications, and cost estimates, the proposed
1 19 acquisition of fee title and conservation easements and other
1 20 agreements, and the specific design and layout of facilities.
1 21 6. "Prospective protected Loess Hills area" means a Loess
1 22 Hills area designated by the commission which possesses
1 23 outstanding cultural and natural values, such as scenic,
1 24 forest, prairie, mineral, geological, historic,
1 25 archaeological, recreational, educational, water quality, or
1 26 flood protection values, and for which an in-depth study for
1 27 permanent designation as an element of the protected Loess
1 28 Hills area system is conducted.
1 29 7. "Protected Loess Hills area" means a Loess Hills area
1 30 permanently designated by the commission for inclusion in the
1 31 protected Loess Hills area system.
1 32 8. "Protected Loess Hills area system" means a
1 33 comprehensive program to protect Loess Hills areas that
1 34 includes the goals and objectives, the state plan, the
1 35 individual management plans, the prospective protected Loess
2 1 Hills areas, the protected Loess Hills areas, the acquisition
2 2 of fee title and conservation easements and other agreements,
2 3 and the administration and management of the areas.
2 4 9. "State plan" means a comprehensive document that states
2 5 the long-range goals and objectives of the protected Loess
2 6 Hills area system, establishes the procedure and criteria for
2 7 prospective protected Loess Hill area designation, provides
2 8 the format for prospective area analysis, establishes a
2 9 priority system for prospective area study, recommends
2 10 potential areas for inclusion into the system, institutes
2 11 interagency and intergovernmental coordination, and outlines
2 12 general administrative and management needs to develop and
2 13 administer the system.
2 14 Sec. 2. NEW SECTION. 461D.2 STATE PLAN.
2 15 The commission shall maintain a state plan for the design
2 16 and establishment of an administrative framework of a
2 17 protected Loess Hills area system and those adjacent lands
2 18 needed to protect the integrity of that system.
2 19 Sec. 3. NEW SECTION. 461D.3 NOMINATION OF PROSPECTIVE
2 20 PROTECTED LOESS HILLS AREAS.
2 21 After basic resource and user data are gathered by or
2 22 provided to the commission and the commission deems an area
2 23 has merit for inclusion in a protected Loess Hills area
2 24 system, the commission may nominate the area for prospective
2 25 protected Loess Hills area designation. Governmental
2 26 subdivisions, public agencies, interest groups, or citizens
2 27 may also recommend nomination of Loess Hills areas for
2 28 inclusion in the protected Loess Hills area system by
2 29 submitting to the commission a statement which includes at
2 30 minimum a general description of the area being recommended
2 31 for nomination, the resources needing protection, and the
2 32 benefits to be derived from protecting the resources and a
2 33 list of the individuals, organizations, and public agencies
2 34 supporting the nomination.
2 35 Sec. 4. NEW SECTION. 461D.4 PROSPECTIVE DESIGNATION.
3 1 The commission may designate all or part of any Loess Hills
3 2 area having any or all of the resource values cited in section
3 3 461D.1, subsection 6, as a prospective protected Loess Hills
3 4 area. The prospective designation shall be in effect for a
3 5 period not to exceed two years during which a management plan
3 6 is prepared for the protection and enhancement of those values
3 7 cited in section 461D.1, subsection 6.
3 8 Sec. 5. NEW SECTION. 461D.5 PROSPECTIVE DESIGNATION
3 9 PUBLIC HEARINGS.
3 10 After the nomination of prospective protected Loess Hills
3 11 areas by the commission and prior to the designation as a
3 12 prospective protected Loess Hills area, the commission shall
3 13 conduct a public hearing in the vicinity of the Loess Hills
3 14 area. Notice of the hearing shall be published at least
3 15 twice, not less than seven days prior to the hearing, in a
3 16 newspaper having general circulation in each county in which
3 17 the proposed Loess Hills area is located.
3 18 Sec. 6. NEW SECTION. 461D.6 MANAGEMENT PLAN.
3 19 The commission shall prepare and maintain a management plan
3 20 containing the recommendations for the establishment,
3 21 development, management, use, and administration of each
3 22 prospective protected Loess Hills area designated by the
3 23 commission. The management plan shall be completed during the
3 24 two-year prospective designation period.
3 25 Sec. 7. NEW SECTION. 461D.7 MANAGEMENT PLAN PUBLIC
3 26 HEARING.
3 27 The commission shall hold a final public hearing on the
3 28 completed management plan in the vicinity of the Loess Hills
3 29 area at least thirty days before permanent designation by the
3 30 commission. Notice of the hearing shall be published at least
3 31 twice, not less than seven days prior to the hearing, in a
3 32 newspaper having general circulation in each county in which
3 33 the Loess Hills area is located.
3 34 Sec. 8. NEW SECTION. 461D.8 DESIGNATION.
3 35 The commission may adopt the management plan and may
4 1 permanently designate the area as part of the protected Loess
4 2 Hills area system. Upon the commission's adoption of the
4 3 management plan and permanent designation of the area as a
4 4 protected Loess Hills area, the commission may submit the
4 5 management plan to the general assembly for funding
4 6 consideration.
4 7 Sec. 9. NEW SECTION. 461D.9 PROTECTION METHODS.
4 8 The commission may use any one or a combination of the
4 9 available methods, except eminent domain, for managing and
4 10 preserving a protected Loess Hills area, including but not
4 11 limited to fee and less than fee title acquisition techniques
4 12 such as easements, leasing agreements, covenants, and existing
4 13 tax incentive programs.
4 14 Sec. 10. NEW SECTION. 461D.10 LANDOWNER COOPERATION.
4 15 Recognizing that most of the protected Loess Hills areas
4 16 may be within privately owned lands, the commission shall
4 17 cooperate with the landowners within the designated areas in
4 18 achieving the purposes of this chapter. The landowners within
4 19 the designated areas are encouraged to cooperate with the
4 20 commission. Commission staff shall meet separately or in
4 21 small groups with landowners within prospective protected
4 22 Loess Hills areas during the preparation of the master plan to
4 23 establish workable and acceptable agreements for the
4 24 protection of the area and its accompanying resources in a
4 25 manner consistent with the purposes of this chapter and the
4 26 interest and concerns of the landowners.
4 27 Sec. 11. NEW SECTION. 461D.11 JUDICIAL REVIEW.
4 28 Judicial review of action of the commission may be sought
4 29 in accordance with chapter 17A. Notwithstanding chapter 17A,
4 30 petitions for judicial review may be filed in the district
4 31 court of Polk county or of any county in which the property
4 32 affected is located.
4 33 Sec. 12. NEW SECTION. 461D.12 LOCAL TAX REIMBURSEMENT.
4 34 The state, subject to appropriation by the general
4 35 assembly, shall reimburse from the general fund of the state
5 1 any political subdivision the amount of tax moneys lost due to
5 2 any lower assessments of property resulting from lease
5 3 agreements, and the acquisition of public lands and
5 4 conservation easements stemming from designation of a
5 5 protected Loess Hills area.
5 6 Sec. 13. NEW SECTION. 461D.13 INTERAGENCY COOPERATION.
5 7 All state agencies and governing bodies of cities and
5 8 counties and county conservation boards which are
5 9 participating in the process for designation of a protected
5 10 Loess Hills area under this chapter shall cooperate with the
5 11 commission and coordinate their authorities, responsibilities,
5 12 and program administration in a manner which will aid in the
5 13 integrity of the protected Loess Hills area system as outlined
5 14 in the state plan, individual management plans, and commission
5 15 administrative rules.
5 16 Sec. 14. NEW SECTION. 461D.14 MANAGEMENT COOPERATION
5 17 WITH LOCAL GOVERNMENT SUBDIVISIONS.
5 18 The commission may enter into written cooperative
5 19 agreements with governing bodies of cities and counties and
5 20 county conservation boards for the management of a protected
5 21 Loess Hills area.
5 22 Sec. 15. NEW SECTION. 461D.15 PART OF A NATIONAL PARK
5 23 SYSTEM.
5 24 This chapter does not preclude a component of the protected
5 25 Loess Hills area system from being a part of a national park
5 26 system.
5 27 Sec. 16. NEW SECTION. 461D.16 DEPARTMENTAL RULES.
5 28 The commission shall adopt under chapter 17A and enforce
5 29 the administrative rules it deems necessary to administer this
5 30 chapter.
5 31 EXPLANATION
5 32 This bill provides for the establishment of a state
5 33 management plan for the protection of Loess Hills areas which
5 34 are found to have outstanding cultural and natural values such
5 35 as scenic, forest, prairie, mineral, geological, historic,
6 1 archaeological, recreational, educational, water quality, and
6 2 flood protection values. The state plan is to be prepared and
6 3 implemented by the natural resource commission of the
6 4 department of natural resources. The department is to
6 5 encourage participation by governing bodies of cities and
6 6 counties, county conservation boards, and individual
6 7 landowners.
6 8 The bill provides that the natural resources commission
6 9 establish procedures for identifying those areas of the Loess
6 10 Hills and bluffs in western Iowa which should be protected
6 11 from harmful uses and erosion. The protections may be
6 12 implemented by acquiring fee simple title from willing
6 13 sellers, conservation easements, or other agreements.
6 14 The bill also provides for reimbursement by the state for
6 15 losses of local tax property tax revenue due to the public
6 16 acquisition of protected Loess Hills areas by purchase or
6 17 conservation easement or other leasing arrangements.
6 18 LSB 3596HC 77
6 19 tj/jl/8
Text: HSB00554 Text: HSB00556 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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