Text: S03827 Text: S03829 Text: S03800 - S03899 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 731, as amended, passed, and
1 2 reprinted by the House, as follows:
1 3 #1. Page 21, by inserting after line 6 the
1 4 following:
1 5 "Sec. . There is appropriated from the lottery
1 6 funds transferred to the general fund of the state
1 7 pursuant to section 6 of this Act to the department of
1 8 natural resources for the fiscal year beginning July
1 9 1, 1997, and ending June 30, 1998, the following
1 10 amount, or so much thereof as is necessary, to be used
1 11 for the purpose designated:
1 12 For the blufflands protection program:
1 13 .................................................. $ 500,000
1 14 Sec. . NEW SECTION. 161A.80 BLUFFLANDS
1 15 PROTECTION PROGRAM – REVOLVING FUND.
1 16 1. As used in this section, unless the context
1 17 otherwise requires:
1 18 a. "Bluffland" means a cliff, headland, or hill
1 19 with a broad steep face along the channel or
1 20 floodplain of a river and its tributaries.
1 21 b. "Conservation organization" means a nonprofit
1 22 corporation incorporated in Iowa or an entity
1 23 organized and operated primarily to enhance and
1 24 protect natural resources in this state.
1 25 2. A blufflands protection revolving fund is
1 26 created in the state treasury. The proceeds of the
1 27 revolving fund are appropriated to make loans to
1 28 conservation organizations which agree to purchase
1 29 conservation easements on blufflands in this state or
1 30 to purchase blufflands in this state for resale with
1 31 restrictive covenants attached to the property. The
1 32 administrative director of the division of soil
1 33 conservation shall administer the revolving fund.
1 34 Notwithstanding section 12C.7, interest or earnings on
1 35 investments made pursuant to this section or as
1 36 provided in section 12B.10 shall be credited to the
1 37 blufflands protection revolving fund. Notwithstanding
1 38 section 8.33, unobligated or unencumbered funds
1 39 credited to the blufflands protection revolving fund
1 40 shall not revert at the close of a fiscal year.
1 41 However, the maximum balance in the blufflands
1 42 protection fund shall not exceed two million five
1 43 hundred thousand dollars. Any funds in excess of two
1 44 million five hundred thousand dollars shall be
1 45 credited to the general fund of the state.
1 46 3. The administrative director of the division
1 47 shall establish a blufflands protection program to
1 48 demonstrate creative land protection techniques and
1 49 encourage private landowners to protect the natural
1 50 beauty of the blufflands in this state. The
2 1 commissioners of each soil and water conservation
2 2 district which includes blufflands shall cooperate
2 3 with and assist the director in administering the
2 4 blufflands protection program within their respective
2 5 districts. The director shall provide, by rule, for a
2 6 uniform application form, the content of the form,
2 7 provisions for a loan agreement model conservation
2 8 easement and restrictive covenant requirements for
2 9 blufflands, and minimum qualifications of conservation
2 10 organizations which are eligible to participate in the
2 11 blufflands protection program. The administrative
2 12 director shall specify the eligible purposes for which
2 13 a loan authorized under this section can be expended
2 14 including, but not limited to, the purchase of
2 15 blufflands, the acquisition of conservation easements
2 16 on blufflands, the establishment of landowner
2 17 associations, payment for loss of land value due to
2 18 restrictive covenants, and payment for legal costs.
2 19 The payment of administrative costs is not an eligible
2 20 purpose.
2 21 4. An applicant for a loan from the blufflands
2 22 protection revolving fund shall apply to the soil and
2 23 water conservation district of the county in which the
2 24 bluffland is located. The application shall be on
2 25 forms prepared by the division and shall include the
2 26 information required by rule of the division. Each
2 27 conservation organization which applies for a loan
2 28 under this section shall demonstrate its financial
2 29 capability to qualify for a loan to the commissioners
2 30 and its commitment to natural resource protection and
2 31 appropriate development. The application shall be
2 32 reviewed and feasibility of the proposed project shall
2 33 be investigated by the commissioners of the district
2 34 and its report and recommendation shall be sent to the
2 35 administrative director and the committee for
2 36 approval.
2 37 5. Except as otherwise provided in this
2 38 subsection, each loan made under this section shall be
2 39 for a period not to exceed five years, shall bear no
2 40 interest for the first year, and shall be repayable to
2 41 the blufflands protection revolving fund. After the
2 42 first year and for each subsequent year that the
2 43 principal remains unpaid, interest shall be charged
2 44 against any unpaid balance of the loan. The interest
2 45 rate shall be set at the prevailing market rate for
2 46 similar real estate in the county as determined by the
2 47 director. All interest payments shall be credited to
2 48 the blufflands protection revolving fund. Each loan
2 49 shall be repaid as provided in the loan agreement.
2 50 However, interest on the principal of a loan shall be
3 1 due and payable thirty days after the conclusion of
3 2 the second year and each subsequent year that the
3 3 principal or a part of the principal remains unpaid.
3 4 A loan may be extended annually beyond the original
3 5 five years with the approval of the district
3 6 commissioners and the administrative director.
3 7 6. The administrative director may:
3 8 a. Contract, sue and be sued, and adopt
3 9 administrative rules pursuant to chapter 17A and
3 10 approved by the committee, necessary to carry out this
3 11 section, but the administrative director, the
3 12 committee, or the district commissioners shall not
3 13 directly or indirectly pledge the credit of the state
3 14 of Iowa.
3 15 b. Authorize payment from the blufflands
3 16 protection revolving fund from moneys appropriated to
3 17 the fund and from any income received by investments
3 18 of any money in the fund for costs, commissions,
3 19 attorney fees, and other reasonable expenses related
3 20 to and necessary for the making and protecting of
3 21 direct loans under this section, and for recovery of
3 22 moneys loaned or the management of property acquired
3 23 in connection with the loans."
3 24 #2. By renumbering as necessary.
3 25
3 26
3 27
3 28 MARY A. LUNDBY
3 29 DERRYL McLAREN
3 30 MIKE CONNOLLY
3 31 HF 731.209 77
3 32 mg/jj/28
Text: S03827 Text: S03829 Text: S03800 - S03899 Text: S Index Bills and Amendments: General Index Bill History: General Index
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