Text: S03171 Text: S03173 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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. Thissectionchapter 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 thefundrespective 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 thefundrespective accounts and any 1 30 interest earnedon the fundshall be credited to the 1 31fundrespective 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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