Text: S03171                            Text: S03173
Text: S03100 - S03199                   Text: S Index
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Senate Amendment 3172

Amendment Text

PAG LIN
  1  1    Amend Senate File 315 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  Section 161D.1, subsection 4, Code
  1  5 1999, is amended to read as follows:
  1  6    4.  This section chapter is not intended to affect
  1  7 the authority of the department of natural resources
  1  8 in its acquisition, development, and management of
  1  9 public lands within the counties represented by the
  1 10 authority.
  1 11    Sec. 2.  Section 161D.2, Code 1999, is amended to
  1 12 read as follows:
  1 13    161D.2  LOESS HILLS DEVELOPMENT AND CONSERVATION
  1 14 FUND.
  1 15    A loess hills development and conservation fund is
  1 16 created in the state treasury, to.  The fund shall
  1 17 include a hungry canyons account and a loess hills
  1 18 alliance account which shall be administered by the
  1 19 loess hills development and conservation authority.
  1 20 The proceeds of the fund respective accounts shall be
  1 21 used for the purposes specified in section 161D.1 or
  1 22 161D.6 as applicable.  The loess hills development and
  1 23 conservation authority may accept gifts, bequests,
  1 24 other moneys including, but not limited to, state or
  1 25 federal moneys, and in-kind contributions for deposit
  1 26 in the fund.  The gifts, grants, bequests from public
  1 27 and private sources, state and federal moneys, and
  1 28 other moneys received by the authority shall be
  1 29 deposited in the fund respective accounts and any
  1 30 interest earned on the fund shall be credited to the
  1 31 fund respective accounts to be used for the purposes
  1 32 specified in section 161D.1 or 161D.6 as applicable.
  1 33 Notwithstanding section 8.33, any unexpended or
  1 34 unencumbered moneys remaining in the fund at the end
  1 35 of the fiscal year shall not revert to the general
  1 36 fund of the state, but the moneys shall remain
  1 37 available for expenditure by the authority in
  1 38 succeeding fiscal years.
  1 39    Sec. 3.  NEW SECTION.  161D.3  DEFINITIONS.
  1 40    As used in this chapter, unless the context
  1 41 otherwise requires:
  1 42    1.  "Alliance" means the loess hills alliance
  1 43 created in section 161D.5.
  1 44    2.  "Authority" means the loess hills development
  1 45 and conservation authority created in section 161D.1.
  1 46    3.  "Fund" means the loess hills development and
  1 47 conservation fund created in section 161D.2.
  1 48    Sec. 4.  NEW SECTION.  161D.4  MISSION STATEMENT.
  1 49    The mission of the loess hills alliance is to
  1 50 create a common vision for Iowa's loess hills,
  2  1 protecting special natural and cultural resources
  2  2 while ensuring economic viability and private property
  2  3 rights of the region.
  2  4    Sec. 5.  NEW SECTION.  161D.5  LOESS HILLS ALLIANCE
  2  5 CREATED.
  2  6    1.  A loess hills alliance is created.  The
  2  7 alliance shall carry out its responsibilities under
  2  8 the general direction of the loess hills development
  2  9 and conservation authority.  The alliance shall
  2 10 encompass the geographic region including the counties
  2 11 of Plymouth, Woodbury, Monona, Harrison,
  2 12 Pottawattamie, Mills, and Fremont.  Membership and
  2 13 participation in projects of the alliance is not
  2 14 required.  The alliance shall be governed by a board
  2 15 of directors appointed by the authority.
  2 16    2.  Each member of the board of directors shall be
  2 17 a resident of a county participating in the alliance
  2 18 and shall be appointed to a term of office as
  2 19 determined by the authority.  The directors of the
  2 20 alliance shall carry out their responsibilities
  2 21 pursuant to bylaws approved by the authority.
  2 22    Sec. 6.  NEW SECTION.  161D.6  RESPONSIBILITIES.
  2 23    1.  The board of directors of the alliance shall
  2 24 have the following responsibilities:
  2 25    a.  To prepare and adopt a comprehensive plan for
  2 26 the development and conservation of the loess hills
  2 27 area subject to the approval of the authority.  The
  2 28 plan shall provide for the designation of significant
  2 29 scenic areas, the protection of native vegetation, the
  2 30 education of the public on the need for and methods of
  2 31 preserving the natural resources of the loess hills
  2 32 area, and the promotion of tourism and related
  2 33 business and industry in the loess hills area.
  2 34    b.  To apply for, accept, and expend public and
  2 35 private funds for planning and implementing projects,
  2 36 programs, and other components of the mission of the
  2 37 alliance subject to approval of the authority.
  2 38    c.  To study different options for the protection
  2 39 and preservation of significant historic, scenic,
  2 40 geologic, and recreational areas of the loess hills
  2 41 including but not limited to a federal or state park,
  2 42 preserve, or monument designation, fee title
  2 43 acquisition, or restrictive easement.
  2 44    d.  To make recommendations to and coordinate the
  2 45 planning and projects of the alliance with the
  2 46 authority.
  2 47    e.  To develop and implement pilot projects for the
  2 48 protection of loess hills areas with the use of
  2 49 restrictive easements from willing sellers and fee
  2 50 title ownership from willing sellers subject to
  3  1 approval of the authority.
  3  2    f.  To report annually not later than January 15 to
  3  3 the general assembly the activities of the alliance
  3  4 during the preceding fiscal year including, but not
  3  5 limited to, its projects, funding, and expenditures.
  3  6    2.  A restrictive easement authorized pursuant to
  3  7 this section shall not exceed thirty years in duration
  3  8 and shall be recorded as provided in section 457A.3.
  3  9 Any compensation agreed to for a restrictive easement
  3 10 shall be paid in equal annual installments during the
  3 11 lifetime of the restrictive easement.  At the
  3 12 expiration of a restrictive easement or upon
  3 13 termination for nonperformance, the holder of the
  3 14 restrictive easement shall record an affidavit with
  3 15 the county recorder of the county in which the
  3 16 servient land is located releasing the servient land
  3 17 from the restrictive easement.  The holder of the
  3 18 restrictive easement shall send, by certified mail, a
  3 19 copy of the affidavit verifying the recording of the
  3 20 release of the restrictive easement to the landowner.
  3 21 If a holder of the restrictive easement fails to
  3 22 record the release of a restrictive easement at its
  3 23 expiration or for nonperformance, the owner of the
  3 24 servient land may petition the district court for an
  3 25 order removing the restrictive easement.  As used in
  3 26 this subsection, "nonperformance" means the failure to
  3 27 make an annual payment of any compensation within
  3 28 ninety days of the annual due date.
  3 29    Sec. 7.  NEW SECTION.  161D.7  PROGRAM
  3 30 COORDINATION.
  3 31    The department of natural resources shall
  3 32 coordinate the bluffland protection program with the
  3 33 program and projects of the loess hills alliance."
  3 34    #2.  Title page, line 2, by striking the words
  3 35 "membership, powers and duties" and inserting the
  3 36 following:  "responsibilities".  
  3 37 
  3 38 
  3 39                               
  3 40 STEVE KING 
  3 41 SF 315.501 78
  3 42 tj/jw
     

Text: S03171                            Text: S03173
Text: S03100 - S03199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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