Text: HF00217 Text: HF00219 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 218 1 2 1 3 AN ACT 1 4 CREATING A LOESS HILLS PRESERVATION AND DEVELOPMENT ALLIANCE, 1 5 PROVIDING FOR ITS RESPONSIBILITIES, AND PROVIDING FOR OTHER 1 6 PROPERLY RELATED MATTERS, AND PROVIDING AN APPLICABILITY DATE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 161D.1, subsection 4, Code 1999, is 1 11 amended to read as follows: 1 12 4. Thissectionchapter is not intended to affect the 1 13 authority of the department of natural resources in its 1 14 acquisition, development, and management of public lands 1 15 within the counties represented by the authority. 1 16 Sec. 2. Section 161D.2, Code 1999, is amended to read as 1 17 follows: 1 18 161D.2 LOESS HILLS DEVELOPMENT AND CONSERVATION FUND. 1 19 A loess hills development and conservation fund is created 1 20 in the state treasury, to. The fund shall include a hungry 1 21 canyons account and a loess hills alliance account which shall 1 22 be administered by the loess hills development and 1 23 conservation authority. The proceeds of thefundrespective 1 24 accounts shall be used for the purposes specified in section 1 25 161D.1 or 161D.6 as applicable. The loess hills development 1 26 and conservation authority may accept gifts, bequests, other 1 27 moneys including, but not limited to, state or federal moneys, 1 28 and in-kind contributions for deposit in the fund. The gifts, 1 29 grants, bequests from public and private sources, state and 1 30 federal moneys, and other moneys received by the authority 1 31 shall be deposited in thefundrespective accounts and any 1 32 interest earnedon the fundshall be credited to thefund1 33 respective accounts to be used for the purposes specified in 1 34 section 161D.1 or 161D.6 as applicable. Notwithstanding 1 35 section 8.33, any unexpended or unencumbered moneys remaining 2 1 in the fund at the end of the fiscal year shall not revert to 2 2 the general fund of the state, but the moneys shall remain 2 3 available for expenditure by the authority in succeeding 2 4 fiscal years. 2 5 Sec. 3. NEW SECTION. 161D.3 DEFINITIONS. 2 6 As used in this chapter, unless the context otherwise 2 7 requires: 2 8 1. "Alliance" means the loess hills alliance created in 2 9 section 161D.5. 2 10 2. "Authority" means the loess hills development and 2 11 conservation authority created in section 161D.1. 2 12 3. "Fund" means the loess hills development and 2 13 conservation fund created in section 161D.2. 2 14 Sec. 4. NEW SECTION. 161D.4 MISSION STATEMENT. 2 15 The mission of the loess hills alliance is to create a 2 16 common vision for Iowa's loess hills, protecting special 2 17 natural and cultural resources while ensuring economic 2 18 viability and private property rights of the region. 2 19 Sec. 5. NEW SECTION. 161D.5 LOESS HILLS ALLIANCE 2 20 CREATED. 2 21 1. A loess hills alliance is created. The alliance shall 2 22 carry out its responsibilities under the general direction of 2 23 the loess hills development and conservation authority. The 2 24 alliance shall encompass the geographic region including the 2 25 counties of Plymouth, Woodbury, Monona, Harrison, 2 26 Pottawattamie, Mills, and Fremont. Membership and 2 27 participation in projects of the alliance is not required. 2 28 The alliance shall be governed by a board of directors 2 29 appointed as follows: 2 30 a. Three members appointed by the board of supervisors of 2 31 each county participating in the alliance and at least one of 2 32 the appointees shall be a member of the board of supervisors 2 33 of a county participating in the alliance. 2 34 b. Seven additional voting members who shall be persons 2 35 with experience in the fields of environmental affairs, 3 1 conservation, finance, development, tourism, or related 3 2 fields, and who shall be appointed by the authority. 3 3 2. Each voting member of the board of directors shall be a 3 4 resident of a county which is eligible for membership in the 3 5 authority pursuant to section 161D.1 and shall be appointed to 3 6 a term of office as determined by the authority. The 3 7 directors of the alliance shall carry out their 3 8 responsibilities pursuant to bylaws approved by the authority. 3 9 Sec. 6. NEW SECTION. 161D.6 RESPONSIBILITIES. 3 10 1. The board of directors of the alliance shall have the 3 11 following responsibilities: 3 12 a. To prepare and adopt a comprehensive plan for the 3 13 development and conservation of the loess hills area subject 3 14 to the approval of the authority. The plan shall provide for 3 15 the designation of significant scenic areas, the protection of 3 16 native vegetation, the education of the public on the need for 3 17 and methods of preserving the natural resources of the loess 3 18 hills area, and the promotion of tourism and related business 3 19 and industry in the loess hills area. 3 20 b. To apply for, accept, and expend public and private 3 21 funds for planning and implementing projects, programs, and 3 22 other components of the mission of the alliance subject to 3 23 approval of the authority. 3 24 c. To study different options for the protection and 3 25 preservation of significant historic, scenic, geologic, and 3 26 recreational areas of the loess hills including but not 3 27 limited to a federal or state park, preserve, or monument 3 28 designation, fee title acquisition, or restrictive easement. 3 29 d. To make recommendations to and coordinate the planning 3 30 and projects of the alliance with the authority. 3 31 e. To develop and implement pilot projects for the 3 32 protection of loess hills areas with the use of restrictive 3 33 easements from willing sellers and fee title ownership from 3 34 willing sellers subject to approval of the authority. 3 35 f. To report annually not later than January 15 to the 4 1 general assembly the activities of the alliance during the 4 2 preceding fiscal year including, but not limited to, its 4 3 projects, funding, and expenditures. 4 4 2. A restrictive easement authorized pursuant to this 4 5 section shall be recorded as provided in section 457A.3. Any 4 6 compensation agreed to for a restrictive easement shall be 4 7 paid in equal annual installments during the lifetime of the 4 8 restrictive easement. At the expiration of a restrictive 4 9 easement or upon termination for nonperformance, the holder of 4 10 the restrictive easement shall record an affidavit with the 4 11 county recorder of the county in which the servient land is 4 12 located releasing the servient land from the restrictive 4 13 easement. The holder of the restrictive easement shall send, 4 14 by certified mail, a copy of the affidavit verifying the 4 15 recording of the release of the restrictive easement to the 4 16 landowner. If a holder of the restrictive easement fails to 4 17 record the release of a restrictive easement at its expiration 4 18 or for nonperformance, the owner of the servient land may 4 19 petition the district court for an order removing the 4 20 restrictive easement. As used in this subsection, 4 21 "nonperformance" means the failure to make an annual payment 4 22 of any compensation within ninety days of the annual due date. 4 23 Sec. 7. Section 161D.6, subsection 2, as enacted in this 4 24 Act, is amended by striking the subsection. 4 25 Sec. 8. NEW SECTION. 161D.7 PROGRAM COORDINATION. 4 26 The department of natural resources shall coordinate the 4 27 bluffland protection program with the program and projects of 4 28 the loess hills alliance. 4 29 Sec. 9. Section 7 of this Act takes effect July 1, 2004. 4 30 Sec. 10. INTERIM STUDY ON RESTRICTIVE EASEMENTS. The 4 31 legislative council is requested to establish an interim study 4 32 committee to study restrictive easements and covenants as a 4 33 tool to carry out projects and programs to protect, conserve, 4 34 or develop various areas of the loess hills. The study 4 35 committee shall report its findings and recommendations to the 5 1 legislative council. 5 2 5 3 5 4 5 5 BRENT SIEGRIST 5 6 Speaker of the House 5 7 5 8 5 9 5 10 MARY E. KRAMER 5 11 President of the Senate 5 12 5 13 I hereby certify that this bill originated in the House and 5 14 is known as House File 218, Seventy-eighth General Assembly. 5 15 5 16 5 17 5 18 ELIZABETH ISAACSON 5 19 Chief Clerk of the House 5 20 Approved , 1999 5 21 5 22 5 23 5 24 THOMAS J. VILSACK 5 25 Governor
Text: HF00217 Text: HF00219 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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