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Senate Amendment 3828

Amendment Text

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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