Text: S03749 Text: S03751 Text: S03700 - S03799 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the amendment, S-3744, to House File 733, as
1 2 amended, passed, and reprinted by the House, as
1 3 follows:
1 4 #1. Page 6, by inserting after line 40 the
1 5 following:
1 6 "Sec. . Notwithstanding section 8.57,
1 7 subsection 5, paragraph "c", there is appropriated
1 8 from the rebuild Iowa infrastructure fund to the
1 9 department of natural resources for the fiscal year
1 10 beginning July 1, 1997, and ending June 30, 1998, the
1 11 following amount, or so much thereof as is necessary,
1 12 to be used for the purpose designated:
1 13 For the blufflands protection program:
1 14 .................................................. $ 500,000"
1 15 #2. Page 18, by inserting after line 1 the
1 16 following:
1 17 "Sec. . NEW SECTION. 161A.80 BLUFFLANDS
1 18 PROTECTION PROGRAM – REVOLVING FUND.
1 19 1. As used in this section, unless the context
1 20 otherwise requires:
1 21 a. "Bluffland" means a cliff, headland, or hill
1 22 with a broad steep face along the channel or
1 23 floodplain of a river and its tributaries.
1 24 b. "Conservation organization" means a nonprofit
1 25 corporation incorporated in Iowa or an entity
1 26 organized and operated primarily to enhance and
1 27 protect natural resources in this state.
1 28 2. A blufflands protection revolving fund is
1 29 created in the state treasury. The proceeds of the
1 30 revolving fund are appropriated to make loans to
1 31 conservation organizations which agree to purchase
1 32 conservation easements on blufflands in this state or
1 33 to purchase blufflands in this state for resale with
1 34 restrictive covenants attached to the property. The
1 35 administrative director of the division of soil
1 36 conservation shall administer the revolving fund.
1 37 Notwithstanding section 12C.7, interest or earnings on
1 38 investments made pursuant to this section or as
1 39 provided in section 12B.10 shall be credited to the
1 40 blufflands protection revolving fund. Notwithstanding
1 41 section 8.33, unobligated or unencumbered funds
1 42 credited to the blufflands protection revolving fund
1 43 shall not revert at the close of a fiscal year.
1 44 However, the maximum balance in the blufflands
1 45 protection fund shall not exceed two million five
1 46 hundred thousand dollars. Any funds in excess of two
1 47 million five hundred thousand dollars shall be
1 48 credited to the rebuild Iowa infrastructure fund.
1 49 3. The administrative director of the division
1 50 shall establish a blufflands protection program to
2 1 demonstrate creative land protection techniques and
2 2 encourage private landowners to protect the natural
2 3 beauty of the blufflands in this state. The
2 4 commissioners of each soil and water conservation
2 5 district which includes blufflands shall cooperate
2 6 with and assist the director in administering the
2 7 blufflands protection program within their respective
2 8 districts. The director shall provide, by rule, for a
2 9 uniform application form, the content of the form,
2 10 provisions for a loan agreement model conservation
2 11 easement and restrictive covenant requirements for
2 12 blufflands, and minimum qualifications of conservation
2 13 organizations which are eligible to participate in the
2 14 blufflands protection program. The administrative
2 15 director shall specify the eligible purposes for which
2 16 a loan authorized under this section can be expended
2 17 including, but not limited to, the purchase of
2 18 blufflands, the acquisition of conservation easements
2 19 on blufflands, the establishment of landowner
2 20 associations, payment for loss of land value due to
2 21 restrictive covenants, and payment for legal costs.
2 22 The payment of administrative costs is not an eligible
2 23 purpose.
2 24 4. An applicant for a loan from the blufflands
2 25 protection revolving fund shall apply to the soil and
2 26 water conservation district of the county in which the
2 27 bluffland is located. The application shall be on
2 28 forms prepared by the division and shall include the
2 29 information required by rule of the division. Each
2 30 conservation organization which applies for a loan
2 31 under this section shall demonstrate its financial
2 32 capability to qualify for a loan to the commissioners
2 33 and its commitment to natural resource protection and
2 34 appropriate development. The application shall be
2 35 reviewed and feasibility of the proposed project shall
2 36 be investigated by the commissioners of the district
2 37 and its report and recommendation shall be sent to the
2 38 administrative director and the committee for
2 39 approval.
2 40 5. Except as otherwise provided in this
2 41 subsection, each loan made under this section shall be
2 42 for a period not to exceed five years, shall bear no
2 43 interest for the first year, and shall be repayable to
2 44 the blufflands protection revolving fund. After the
2 45 first year and for each subsequent year that the
2 46 principal remains unpaid, interest shall be charged
2 47 against any unpaid balance of the loan. The interest
2 48 rate shall be set at the prevailing market rate for
2 49 similar real estate in the county as determined by the
2 50 director. All interest payments shall be credited to
3 1 the blufflands protection revolving fund. Each loan
3 2 shall be repaid as provided in the loan agreement.
3 3 However, interest on the principal of a loan shall be
3 4 due and payable thirty days after the conclusion of
3 5 the second year and each subsequent year that the
3 6 principal or a part of the principal remains unpaid.
3 7 A loan may be extended annually beyond the original
3 8 five years with the approval of the district
3 9 commissioners and the administrative director.
3 10 6. The administrative director may:
3 11 a. Contract, sue and be sued, and adopt
3 12 administrative rules pursuant to chapter 17A and
3 13 approved by the committee, necessary to carry out this
3 14 section, but the administrative director, the
3 15 committee, or the district commissioners shall not
3 16 directly or indirectly pledge the credit of the state
3 17 of Iowa.
3 18 b. Authorize payment from the blufflands
3 19 protection revolving fund from moneys appropriated to
3 20 the fund and from any income received by investments
3 21 of any money in the fund for costs, commissions,
3 22 attorney fees, and other reasonable expenses related
3 23 to and necessary for the making and protecting of
3 24 direct loans under this section, and for recovery of
3 25 moneys loaned or the management of property acquired
3 26 in connection with the loans."
3 27 #3. By renumbering as necessary.
3 28
3 29
3 30
3 31 MIKE CONNOLLY
3 32
3 33
3 34
3 35 TOM FLYNN
3 36 HF 733.514 77
3 37 mk/jw/28
Text: S03749 Text: S03751 Text: S03700 - S03799 Text: S Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Apr 25 13:44:20 CDT 1997
URL: /DOCS/GA/77GA/Legislation/S/03700/S03750/970424.html
jhf