Senate File 2395 - Introduced
SENATE FILE
BY COMMITTEE ON WAYS AND MEANS
(SUCCESSOR TO SF 2329)
(SUCCESSOR TO SF 2120)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for an increase in the wildlife habitat fee,
2 making an appropriation, and creating an upland game bird
3 habitat development program.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 483A.1, subsection 1, paragraph q, Code
1 2 Supplement 2005, is amended to read as follows:
1 3 q. Wildlife habitat fee...................... $ 8.00 11.00
1 4 Sec. 2. Section 483A.1, subsection 2, paragraph r, Code
1 5 Supplement 2005, is amended to read as follows:
1 6 r. Wildlife habitat fee...................... $ 8.00 11.00
1 7 Sec. 3. Section 483A.3, Code 2005, is amended by adding
1 8 the following new subsection:
1 9 NEW SUBSECTION. 3. Notwithstanding subsections 1 and 2,
1 10 any increase in revenues received on or after July 1, 2006,
1 11 pursuant to this section as a result of fee increases pursuant
1 12 to this Act, shall be used by the commission only for the
1 13 purpose of the upland game bird habitat development program as
1 14 provided in section 483A.3B. The commission shall not reduce
1 15 on an annual basis for these purposes the amount of other
1 16 funds being expended as of July 1, 2006.
1 17 Sec. 4. NEW SECTION. 483A.3B UPLAND GAME BIRD HABITAT
1 18 DEVELOPMENT PROGRAMS.
1 19 1. ALLOCATION OF REVENUE == ACCOUNTS. All revenue
1 20 collected from increases in wildlife habitat fees as provided
1 21 in section 483A.3, subsection 3, that is deposited in the
1 22 state fish and game protection fund shall be allocated as
1 23 follows:
1 24 a. Two dollars of each wildlife habitat fee collected
1 25 shall be allocated to the upland game bird wetlands
1 26 conservation account.
1 27 b. One dollar of each wildlife habitat fee collected shall
1 28 be allocated to the upland game bird buffer strip assistance
1 29 account.
1 30 c. Notwithstanding section 12C.7, subsection 2, interest
1 31 or earnings on moneys collected from wildlife habitat fees
1 32 that are deposited in each account created under this section
1 33 shall be credited to that account. Notwithstanding section
1 34 8.33 or section 456A.17, moneys credited to each account
1 35 created under this section shall not revert to the state
2 1 general fund at the close of a fiscal year.
2 2 d. All revenue generated by increases in the wildlife
2 3 habitat fee as provided in section 483A.3, subsection 3, shall
2 4 be used as provided in this section, except for that part
2 5 which is specified by the department for use in paying
2 6 administrative expenses as provided in section 456A.17.
2 7 2. UPLAND GAME BIRD WETLANDS CONSERVATION PROGRAM.
2 8 a. All moneys allocated to the upland game bird wetlands
2 9 conservation account shall be used by the department only to
2 10 carry out the purposes of the upland game bird wetlands
2 11 conservation program and shall be used in addition to funds
2 12 already being expended by the department each year for
2 13 wetlands conservation purposes.
2 14 b. The purpose of the upland game bird wetlands
2 15 conservation program is to create a sustained source of
2 16 revenue to be used by the department to qualify for federal
2 17 matching funds that are available for wetlands conservation
2 18 under the federal North American Wetlands Conservation Act
2 19 program, 16 U.S.C. } 4401=4414, and to undertake projects that
2 20 will aid in wetlands and associated upland habitat
2 21 conservation in the state, including the acquisition,
2 22 restoration, maintenance, or preservation of wetlands and
2 23 associated upland habitat.
2 24 c. (1) All moneys that are allocated to the upland game
2 25 bird wetlands conservation account shall accumulate in the
2 26 account until the account balance is equal to one million
2 27 dollars or an amount sufficient to be used by the department
2 28 to qualify for federal matching funds. Each time the account
2 29 balance reaches an amount sufficient to be used by the
2 30 department to qualify for federal matching funds, the
2 31 department shall apply for such matching funds, and upon
2 32 obtaining such funds, shall expend the state and federal
2 33 revenues available at that time to undertake projects as set
2 34 forth in paragraph "b".
2 35 (2) Additional moneys that are generated by upland game
3 1 bird fees and allocated to the upland game bird wetlands
3 2 conservation account shall again accumulate in the account,
3 3 and each time the account balance is equal to one million
3 4 dollars or an amount sufficient to be used by the department
3 5 to qualify for federal matching funds, the department shall
3 6 again apply for federal matching funds, and upon obtaining
3 7 such funds, shall expend the state and federal revenues
3 8 available at that time to undertake projects as set forth in
3 9 paragraph "b".
3 10 d. The department shall use all state revenue and federal
3 11 matching funds obtained under the federal North American
3 12 Wetlands Conservation Act to undertake the purposes of the
3 13 upland game bird wetlands conservation program as set forth in
3 14 paragraph "b". State revenue allocated to the account shall
3 15 be used by the department only for projects that increase
3 16 public recreational hunting opportunities in the state and
3 17 shall not be used for projects on private land that is not
3 18 accessible to the public for recreational hunting.
3 19 3. UPLAND GAME BIRD BUFFER STRIP ASSISTANCE PROGRAM.
3 20 a. All moneys allocated to the upland game bird buffer
3 21 strip assistance account shall be used by the department only
3 22 to carry out the purposes of the upland game bird buffer strip
3 23 assistance program and shall be used in addition to funds
3 24 already being expended by the department each year for such
3 25 purposes. The department shall not reduce the amount of other
3 26 funds being expended for these purposes as of July 1, 2006.
3 27 b. The purpose of the upland game bird buffer strip
3 28 assistance program is to create an additional source of
3 29 revenue to be used by the department for the purpose of
3 30 providing cost=sharing assistance to landowners who establish
3 31 farmstead and feedlot shelterbelts, temporary winter habitat
3 32 plots, and other habitat practices designed to implement the
3 33 restoration of upland game birds throughout the state.
3 34 c. (1) All moneys that are allocated to the upland game
3 35 bird buffer strip assistance account shall accumulate in the
4 1 account for a period of five years. At the end of the five=
4 2 year period, the moneys in the account shall be used by the
4 3 department to carry out the purposes of the upland game bird
4 4 buffer strip assistance program as set forth in paragraph "b".
4 5 The cost=share assistance shall be provided to applicants on a
4 6 first=come, first=served basis until the moneys accumulated in
4 7 the account during that period are exhausted. The department
4 8 shall, by rule pursuant to chapter 17A, establish eligibility
4 9 requirements for the program and procedures for applications
4 10 for and approval of projects to be funded under the program.
4 11 The department shall expend moneys from the account only for
4 12 projects on private land that is accessible to the public for
4 13 recreational hunting.
4 14 (2) Additional moneys that are generated by upland game
4 15 bird fees and allocated to the upland game bird buffer strip
4 16 assistance account shall accumulate in the account and shall
4 17 be used by the department every five years as set forth in
4 18 subparagraph (1).
4 19 4. DEFINITION. As used in this section, "upland game
4 20 bird" means a pheasant or a quail.
4 21 EXPLANATION
4 22 This bill increases the wildlife habitat fee by $3,
4 23 appropriates the increase in moneys collected, and creates
4 24 programs to expend the moneys for upland game bird habitat
4 25 development.
4 26 The bill provides that all increases in wildlife habitat
4 27 fees collected shall be forwarded by the department of natural
4 28 resources to the treasurer of state for placement in the state
4 29 fish and game protection fund and are appropriated to the
4 30 department to be used solely for the purposes set forth in the
4 31 bill.
4 32 Revenue deposited in the state fish and game protection
4 33 fund is allocated by the bill into two separate accounts, with
4 34 $2 of each fee collected to be allocated to the upland game
4 35 bird wetlands conservation account and $1 of each fee
5 1 collected to be allocated to the upland game bird buffer strip
5 2 assistance account. Interest or earnings on moneys contained
5 3 in each account must be credited to the account, and moneys in
5 4 each account do not revert to the general fund at the close of
5 5 the fiscal year.
5 6 Moneys allocated to the upland game bird wetlands
5 7 conservation account by the bill must be used by the
5 8 department only to carry out the purposes of the upland game
5 9 bird wetlands conservation program, which are to create a
5 10 sustained source of revenue to be used by the department to
5 11 qualify for federal matching funds that are available for
5 12 wetlands conservation under the federal North American
5 13 Wetlands Conservation Act and to undertake projects that will
5 14 aid in wetlands and associated upland habitat conservation in
5 15 the state, including the acquisition, restoration,
5 16 maintenance, or preservation of wetlands and associated upland
5 17 habitat.
5 18 The bill provides that moneys that are allocated to the
5 19 upland game bird wetlands conservation account shall
5 20 accumulate in the account until the account balance is equal
5 21 to $1 million or an amount sufficient to be used by the
5 22 department to qualify for federal matching funds. Each time
5 23 the account balance reaches the necessary amount, the
5 24 department is required to apply for such matching funds, and
5 25 upon obtaining those funds, expend the state and federal
5 26 revenues available to carry out the purposes of the upland
5 27 game bird wetlands conservation program. The bill provides
5 28 that state revenue allocated to the account shall be used for
5 29 projects that increase public recreational hunting
5 30 opportunities in the state and shall not be used on private
5 31 land that is not accessible to the public for recreational
5 32 hunting.
5 33 Moneys allocated to the upland game bird buffer strip
5 34 assistance account must be used by the department only to
5 35 carry out the purposes of the upland game bird buffer strip
6 1 assistance program, which are to create an additional source
6 2 of revenue to be used by the department to provide cost=
6 3 sharing assistance to landowners who establish farmstead and
6 4 feedlot shelterbelts, temporary winter habitat plots, and
6 5 other habitat practices designed to implement the restoration
6 6 of upland game birds throughout the state.
6 7 The bill provides that moneys allocated to the upland game
6 8 bird buffer strip assistance account shall accumulate in the
6 9 account for five years and then be used by the department to
6 10 carry out the purposes of the upland game bird buffer strip
6 11 assistance program. The bill provides that cost=share
6 12 assistance given under the program shall be on a first=come,
6 13 first=served basis until the moneys allocated to the account
6 14 during that period are exhausted. The department is required
6 15 to adopt rules to establish eligibility requirements and
6 16 procedures for applications for and approval of projects to be
6 17 funded under the program. The process is then repeated every
6 18 five years using funds that have accumulated in the account.
6 19 For purposes of the bill, an "upland game bird" is a
6 20 pheasant or a quail.
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