Senate File 255 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON NATURAL
                                           RESOURCES AND ENVIRONMENT

                                       (SUCCESSOR TO SSB 1224)


    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 a game bird habitat
  3    development program.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2216SV 82
  6 av/je/5

PAG LIN



  1  1    Section 1.  Section 483A.1, subsection 1, paragraph q, Code
  1  2 2007, 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 2007, is amended to read as follows:
  1  6    r.  Wildlife habitat fee ..................... $  8.00 11.00
  1  7    Sec. 3.  Section 483A.3, Code 2007, 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, 2007,
  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 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, 2007.
  1 17    Sec. 4.  NEW SECTION.  483A.3B  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 game bird wetlands conservation
  1 26 account.
  1 27    b.  One dollar of each wildlife habitat fee collected shall
  1 28 be allocated to the game bird buffer strip assistance account.
  1 29    c.  Notwithstanding section 12C.7, subsection 2, interest
  1 30 or earnings on moneys collected from wildlife habitat fees
  1 31 that are deposited in each account created under this section
  1 32 shall be credited to that account.  Notwithstanding section
  1 33 8.33 or section 456A.17, moneys credited to each account
  1 34 created under this section shall not revert to the state
  1 35 general fund at the close of a fiscal year.
  2  1    d.  All revenue generated by increases in the wildlife
  2  2 habitat fee as provided in section 483A.3, subsection 3, shall
  2  3 be used as provided in this section, except for that part
  2  4 which is specified by the department for use in paying
  2  5 administrative expenses as provided in section 456A.17.
  2  6    2.  GAME BIRD WETLANDS CONSERVATION PROGRAM.
  2  7    a.  All moneys allocated to the game bird wetlands
  2  8 conservation account shall be used by the department only to
  2  9 carry out the purposes of the game bird wetlands conservation
  2 10 program and shall be used in addition to funds already being
  2 11 expended by the department each year for wetlands conservation
  2 12 purposes.
  2 13    b.  The purpose of the game bird wetlands conservation
  2 14 program is to create a sustained source of revenue to be used
  2 15 by the department to qualify for federal matching funds that
  2 16 are available for wetlands conservation under the federal
  2 17 North American Wetlands Conservation Act program, 16 U.S.C. }
  2 18 4401=4414, and to undertake projects in conjunction with soil
  2 19 and water conservation districts, county conservation boards,
  2 20 and other partners that will aid in wetlands and associated
  2 21 habitat 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 game bird
  2 25 wetlands conservation account shall accumulate in the account
  2 26 until the account balance is equal to one million dollars or
  2 27 an amount sufficient to be used by the department to qualify
  2 28 for federal matching funds.  Each time the account balance
  2 29 reaches an amount sufficient to be used by the department to
  2 30 qualify for federal matching funds, the department shall apply
  2 31 for such matching funds, and upon obtaining such funds, shall
  2 32 expend the state and federal revenues available at that time
  2 33 to undertake projects as set forth in paragraph "b".
  2 34    (2)  Additional moneys that are generated by game bird
  2 35 wildlife habitat fees and allocated to the game bird wetlands
  3  1 conservation account shall again accumulate in the account,
  3  2 and each time the account balance is equal to one million
  3  3 dollars or an amount sufficient to be used by the department
  3  4 to qualify for federal matching funds, the department shall
  3  5 again apply for federal matching funds, and upon obtaining
  3  6 such funds, shall expend the state and federal revenues
  3  7 available at that time to undertake projects as set forth in
  3  8 paragraph "b".
  3  9    d.  The department shall use all state revenue and federal
  3 10 matching funds obtained under the federal North American
  3 11 Wetlands Conservation Act to undertake the purposes of the
  3 12 game bird wetlands conservation program as set forth in
  3 13 paragraph "b".  State revenue allocated to the account shall
  3 14 be used by the department only for projects that increase
  3 15 public recreational hunting opportunities in the state and
  3 16 shall not be used for projects on private land that is not
  3 17 accessible to the public for recreational hunting.
  3 18    3.  GAME BIRD BUFFER STRIP ASSISTANCE PROGRAM.
  3 19    a.  All moneys allocated to the game bird buffer strip
  3 20 assistance account shall be used by the department only to
  3 21 carry out the purposes of the game bird buffer strip
  3 22 assistance program and shall be used in addition to funds
  3 23 already being expended by the department each year for such
  3 24 purposes.  The department shall not reduce the amount of other
  3 25 funds being expended for these purposes as of July 1, 2007.
  3 26    b.  The purpose of the game bird buffer strip assistance
  3 27 program is to increase landowner participation in federally
  3 28 funded conservation programs that benefit game birds and to
  3 29 increase opportunities for recreational hunting on private
  3 30 lands.  To the extent possible, moneys allocated to the game
  3 31 bird buffer strip assistance account shall be used in
  3 32 conjunction with and to qualify for additional funding from
  3 33 private conservation organizations and other state and federal
  3 34 agencies to accomplish the purposes of the program.  The funds
  3 35 may be used to provide private landowners with cost=sharing
  4  1 assistance for habitat improvement practices on projects that
  4  2 are not eligible for federal programs or where federal funding
  4  3 for such projects is not adequate.  The department may utilize
  4  4 the funds to provide marketing and outreach efforts to
  4  5 landowners in order to maximize landowners' use of federal
  4  6 conservation programs.  The department may coordinate such
  4  7 marketing and outreach efforts with soil and water
  4  8 conservation districts and other partners.
  4  9    c.  (1)  All moneys that are allocated to the game bird
  4 10 buffer strip assistance account shall accumulate in the
  4 11 account for a period of five years.  At the end of the five=
  4 12 year period, the moneys in the account shall be used by the
  4 13 department to carry out the purposes of the game bird buffer
  4 14 strip assistance program as set forth in paragraph "b".  The
  4 15 department shall, by rule pursuant to chapter 17A, establish
  4 16 eligibility requirements for the program and procedures for
  4 17 applications for and approval of projects to be funded under
  4 18 the program.  The department shall expend moneys from the
  4 19 account only for projects on private land that is accessible
  4 20 to the public for recreational hunting.
  4 21    (2)  Additional moneys that are generated by game bird
  4 22 wildlife habitat fees and allocated to the game bird buffer
  4 23 strip assistance account shall accumulate in the account and
  4 24 shall be used by the department every five years as set forth
  4 25 in subparagraph (1).
  4 26    4.  DEFINITION.  As used in this section, "game bird" means
  4 27 a pheasant or a quail.
  4 28                           EXPLANATION
  4 29    This bill increases the wildlife habitat fee by $3,
  4 30 appropriates the increase in moneys collected, and creates
  4 31 programs to expend the moneys for game bird habitat
  4 32 development.
  4 33    The bill provides that all increases in wildlife habitat
  4 34 fees collected shall be forwarded by the department of natural
  4 35 resources to the treasurer of state for placement in the state
  5  1 fish and game protection fund and are appropriated to the
  5  2 department to be used solely for the purposes set forth in the
  5  3 bill.
  5  4    Revenue deposited in the state fish and game protection
  5  5 fund is allocated by the bill into two separate accounts, with
  5  6 $2 of each fee collected to be allocated to the game bird
  5  7 wetlands conservation account and $1 of each fee collected to
  5  8 be allocated to the game bird buffer strip assistance account.
  5  9 Interest or earnings on moneys contained in each account must
  5 10 be credited to the account, and moneys in each account do not
  5 11 revert to the general fund at the close of the fiscal year.
  5 12    Moneys allocated to the game bird wetlands conservation
  5 13 account by the bill must be used by the department only to
  5 14 carry out the purposes of the game bird wetlands conservation
  5 15 program, which are to create a sustained source of revenue to
  5 16 be used by the department to qualify for federal matching
  5 17 funds that are available for wetlands conservation under the
  5 18 federal North American Wetlands Conservation Act and to
  5 19 undertake projects in conjunction with soil and water
  5 20 conservation districts, county conservation boards, and other
  5 21 partners that will aid in wetlands and associated habitat
  5 22 conservation in the state, including the acquisition,
  5 23 restoration, maintenance, or preservation of wetlands and
  5 24 associated habitat.
  5 25    The bill provides that moneys that are allocated to the
  5 26 game bird wetlands conservation account shall accumulate in
  5 27 the account until the account balance is equal to $1 million
  5 28 or an amount sufficient to be used by the department to
  5 29 qualify for federal matching funds.  Each time the account
  5 30 balance reaches the necessary amount, the department is
  5 31 required to apply for such matching funds, and upon obtaining
  5 32 those funds, expend the state and federal revenues available
  5 33 to carry out the purposes of the game bird wetlands
  5 34 conservation program.  The bill provides that state revenue
  5 35 allocated to the account shall be used for projects that
  6  1 increase public recreational hunting opportunities in the
  6  2 state and shall not be used on private land that is not
  6  3 accessible to the public for recreational hunting.
  6  4    Moneys allocated to the game bird buffer strip assistance
  6  5 account must be used by the department only to carry out the
  6  6 purpose of the game bird buffer strip assistance program,
  6  7 which is to increase landowner participation in federally
  6  8 funded conservation programs that benefit game birds and to
  6  9 increase opportunities for recreational hunting on private
  6 10 lands.
  6 11    The bill provides that moneys allocated to the game bird
  6 12 buffer strip assistance account shall accumulate in the
  6 13 account for five years and then be used by the department to
  6 14 carry out the purposes of the game bird buffer strip
  6 15 assistance program.  The department is required to adopt rules
  6 16 to establish eligibility requirements and procedures for
  6 17 applications for and approval of projects to be funded under
  6 18 the program.  The process is then repeated every five years
  6 19 using funds that have accumulated in the account.
  6 20    For purposes of the bill, a "game bird" is a pheasant or a
  6 21 quail.
  6 22 LSB 2216SV 82
  6 23 av:rj/je/5