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1 1 Section 1. LAKE MANAGEMENT STATE AND LOCAL COOPERATIVE
1 2 PROJECTS – LEGISLATIVE INTENT – GOALS.
1 3 1. The general assembly declares that it is necessary to
1 4 embark upon a program of lake protection and rehabilitation,
1 5 to authorize a conjunctive state and local program of lake
1 6 protection and rehabilitation to fulfill the positive duty of
1 7 the state as trustee of navigable waters and to protect
1 8 environmental values. The general assembly finds that a state
1 9 effort of research, analysis, planning, and financing, and a
1 10 local effort undertaken by recreational lake districts
1 11 established pursuant to chapter 357E planning and plan
1 12 implementation are necessary and desirable, and that the local
1 13 districts should be formed by persons directly affected by the
1 14 deteriorated condition of lakes and willing to assist
1 15 financially, or through other means, in remedying lake
1 16 problems. The general assembly further finds that state
1 17 efforts are needed to aid and assist local efforts, to ensure
1 18 that projects are undertaken only if they promote the public
1 19 rights in navigable waters, environmental values, and the
1 20 public welfare, and to administer a program of financial aids
1 21 to support rehabilitation projects with benefits to all state
1 22 citizens.
1 23 2. The primary goal of activity in this Act shall be to
1 24 improve or protect the quality of public inland lakes. In
1 25 addition, compilation of basic scientific data on lakes of
1 26 this state and assessment of experimental and innovative
1 27 techniques of lake rehabilitation and protection shall be
1 28 goals of the program.
1 29 Sec. 2. Section 455A.5, subsection 6, Code 1997, is
1 30 amended by adding the following new paragraph:
1 31 NEW PARAGRAPH. g. Establish a lake management program to
1 32 improve and protect the quality of public lakes. The
1 33 commission shall provide for the compilation of basic
1 34 scientific data on lakes in this state and assessment of
1 35 experimental and innovative techniques of lake rehabilitation
2 1 and protection. In addition, the commission shall carry out
2 2 the following duties including, but not limited to:
2 3 (1) Adopt rules prescribing a classification system for
2 4 the selection of eligible lakes for study or treatment and for
2 5 determining priority of treatment among eligible lakes.
2 6 (2) Adopt rules prescribing standards and guidelines for
2 7 lake rehabilitation plans to ensure that rehabilitation
2 8 efforts and expenditures yield maximum returns, that
2 9 environmental values are protected, and that rehabilitated
2 10 lakes are protected from degradation to the maximum extent
2 11 possible in the future.
2 12 Sec. 3. NEW SECTION. 455A.25 DEFINITIONS.
2 13 As used in this subchapter, unless the context otherwise
2 14 requires:
2 15 1. "Lake rehabilitation" means the improvement or
2 16 restoration of lakes from an undesirable or degraded condition
2 17 to a former, less deteriorated condition or to a condition of
2 18 greater usefulness.
2 19 2. "Local project sponsor" means a recreational lake
2 20 district established pursuant to chapter 357E, local units of
2 21 government, incorporated lake protection or improvement
2 22 associations or other associations of persons directly
2 23 affected by the deteriorated condition of lakes and willing to
2 24 assist financially.
2 25 3. "Project" means measures to effect lake protection and
2 26 rehabilitation, including surveys of sources of degradation,
2 27 treatment of aquatic nuisances, securing cooperation of units
2 28 of general purpose government to enact necessary ordinances,
2 29 undertaking of restoration projects and any other necessary
2 30 measures.
2 31 4. "Public lake" or "lake" means a natural water body or
2 32 impoundment within the boundaries of the state that is
2 33 accessible to the public by way of contiguous public lands or
2 34 easements giving public access and does not include federal
2 35 flood control impoundments.
3 1 Sec. 4. NEW SECTION. 455A.26 STATE FUNDING.
3 2 If a proposed project or activity by a local project
3 3 sponsor involves an application for state financial
3 4 assistance, the procedures specified in sections 455A.27 to
3 5 455A.29 apply.
3 6 Sec. 5. NEW SECTION. 455A.27 DIAGNOSTIC FEASIBILITY
3 7 STUDY.
3 8 1. The department shall adopt rules prescribing the
3 9 development of a diagnostic feasibility study that includes
3 10 gathering data on the lake in question, drainage basin,
3 11 sources of pollution or nutrients, or other information
3 12 necessary to determine the causes of degradation and remedial
3 13 courses of action to prevent continued degradation or to
3 14 determine potential causes of degradation and preventive
3 15 courses of action.
3 16 2. The department may waive the requirement for a
3 17 diagnostic feasibility study if a previous study, found
3 18 acceptable by the department, has been completed or if the
3 19 needed and proposed measures are sufficiently obvious that the
3 20 department determines a plan is not necessary.
3 21 Sec. 6. NEW SECTION. 455A.28 PLAN PREPARATION AND
3 22 APPROVAL BY THE DEPARTMENT.
3 23 1. If specific lake protection and rehabilitation measures
3 24 developed under section 455A.27 appear feasible and if
3 25 financial assistance under section 455A.29 is sought, the
3 26 local project sponsor shall develop a proposed plan based upon
3 27 the recommendations of the department and the formulated
3 28 alternatives or upon other technically valid basis.
3 29 2. Prior to adopting a plan, the local project sponsor
3 30 shall submit the plan to the department and the department
3 31 shall either approve, approve with modification, or disapprove
3 32 the plan. If the department modifies an application for plan
3 33 approval, the department shall clearly explain reasons why the
3 34 modifications are being made.
3 35 Sec. 7. NEW SECTION. 455A.29 FINANCIAL ASSISTANCE
4 1 PROGRAM.
4 2 1. A diagnostic feasibility study contracted under section
4 3 455A.27 is eligible for financial assistance subject to
4 4 guidelines established by rule by the department for funding
4 5 diagnostic feasibility studies. The state shall match the
4 6 cost of an approved diagnostic feasibility study at the ratio
4 7 of three state dollars to one dollar from a local project
4 8 sponsor. Receipt of financial assistance for a diagnostic
4 9 feasibility study does not guarantee financial assistance for
4 10 implementation costs and the department shall not make this
4 11 type of commitment for future financial assistance.
4 12 2. A local project sponsor desiring financial assistance
4 13 shall apply to the department in accordance with rules adopted
4 14 by the department.
4 15 3. The department shall not approve an application for
4 16 financial assistance for the implementation of any project
4 17 which involves dredging if the expected useful duration of the
4 18 dredging is less than fifty years.
4 19 4. The department shall not grant financial assistance for
4 20 implementation work in an amount which reduces a local project
4 21 sponsor's share of the project cost to less than one dollar
4 22 for each three dollars of state assistance, except as provided
4 23 in rules of the department.
4 24 Sec. 8. APPROPRIATION – PILOT PROJECTS.
4 25 1. There is appropriated from the general fund of the
4 26 state to the marine fuel tax capital account of the department
4 27 the sum of $400,000, or so much thereof as is necessary, to
4 28 fund lake rehabilitation programs and projects as provided in
4 29 this Act. The moneys appropriated pursuant to this subjection
4 30 shall be from the excise tax on the sale of motor fuel used in
4 31 watercraft. With the funds appropriated by this Act, the
4 32 department may employ not more than two additional full-time
4 33 employees for the lake management program.
4 34 2. The funds appropriated in subsection 1 shall also be
4 35 used by the department to implement pilot lake rehabilitation
5 1 projects in cooperation with local project sponsors pursuant
5 2 to this Act. If no pilot projects are initiated by July 1,
5 3 2000, or if the proposed pilot projects are not determined to
5 4 be feasible for funding by the department, the department
5 5 shall use the appropriation, along with other funds available
5 6 to the department, to fund lake restoration projects
5 7 undertaken pursuant to section 461A.3 or section 455A.5,
5 8 subsection 6, paragraph "f".
5 9 EXPLANATION
5 10 This bill provides for the establishment of a lake
5 11 management program by the natural resource commission of the
5 12 department of natural resources to improve and protect the
5 13 quality of public lakes. The department shall establish
5 14 standards and guidelines for a recreational lake district to
5 15 apply for a grant to conduct a diagnostic feasibility study to
5 16 protect and rehabilitate a public lake and, if implementation
5 17 is approved, to provide financial assistance to implement the
5 18 rehabilitation and protection plan. The study and
5 19 implementation grants are matched by the state at a ratio of
5 20 three state dollars to one local dollar.
5 21 The bill appropriates $400,000 to employ not more than two
5 22 full-time employees for the lake management program and to
5 23 fund any approved pilot projects. The funding is appropriated
5 24 to the marine fuel tax capital account of the department. If
5 25 no acceptable plans are submitted to the department by July 1,
5 26 2000, any obligated funds shall be used to fund lake
5 27 restoration projects by the department as otherwise provided
5 28 by law.
5 29 LSB 3115SV 77
5 30 tj/sc/14.1
Text: SF02235 Text: SF02237 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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