Senate Study Bill 1224 SENATE FILE BY (PROPOSED COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT BILL BY CHAIRPERSON BLACK) 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: 5 TLSB 2216SC 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 ..................... $8.0011.00 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 ..................... $8.0011.00 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 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, 2007. 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 in 2 20 conjunction with county conservation boards and other partners 2 21 that will aid in wetlands and associated upland habitat 2 22 conservation in the state, including the acquisition, 2 23 restoration, maintenance, or preservation of wetlands and 2 24 associated upland habitat. 2 25 c. (1) All moneys that are allocated to the upland game 2 26 bird wetlands conservation account shall accumulate in the 2 27 account until the account balance is equal to one million 2 28 dollars or an amount sufficient to be used by the department 2 29 to qualify for federal matching funds. Each time the account 2 30 balance reaches an amount sufficient to be used by the 2 31 department to qualify for federal matching funds, the 2 32 department shall apply for such matching funds, and upon 2 33 obtaining such funds, shall expend the state and federal 2 34 revenues available at that time to undertake projects as set 2 35 forth in paragraph "b". 3 1 (2) Additional moneys that are generated by upland game 3 2 bird wildlife habitat fees and allocated to the upland game 3 3 bird wetlands conservation account shall again accumulate in 3 4 the account, and each time the account balance is equal to one 3 5 million dollars or an amount sufficient to be used by the 3 6 department to qualify for federal matching funds, the 3 7 department shall again apply for federal matching funds, and 3 8 upon obtaining such funds, shall expend the state and federal 3 9 revenues available at that time to undertake projects as set 3 10 forth in paragraph "b". 3 11 d. The department shall use all state revenue and federal 3 12 matching funds obtained under the federal North American 3 13 Wetlands Conservation Act to undertake the purposes of the 3 14 upland game bird wetlands conservation program as set forth in 3 15 paragraph "b". State revenue allocated to the account shall 3 16 be used by the department only for projects that increase 3 17 public recreational hunting opportunities in the state and 3 18 shall not be used for projects on private land that is not 3 19 accessible to the public for recreational hunting. 3 20 3. UPLAND GAME BIRD BUFFER STRIP ASSISTANCE PROGRAM. 3 21 a. All moneys allocated to the upland game bird buffer 3 22 strip assistance account shall be used by the department only 3 23 to carry out the purposes of the upland game bird buffer strip 3 24 assistance program and shall be used in addition to funds 3 25 already being expended by the department each year for such 3 26 purposes. The department shall not reduce the amount of other 3 27 funds being expended for these purposes as of July 1, 2007. 3 28 b. The purpose of the upland game bird buffer strip 3 29 assistance program is to increase landowner participation in 3 30 federally funded conservation programs that benefit upland 3 31 game birds and to increase opportunities for recreational 3 32 hunting on private lands. To the extent possible, moneys 3 33 allocated to the upland game bird buffer strip assistance 3 34 account shall be used in conjunction with and to qualify for 3 35 additional funding from private conservation organizations and 4 1 other state and federal agencies to accomplish the purposes of 4 2 the program. The funds may be used to provide private 4 3 landowners with cost=sharing assistance for habitat 4 4 improvement practices on projects that are not eligible for 4 5 federal programs or where federal funding for such projects is 4 6 not adequate. The department may utilize the funds to provide 4 7 marketing and outreach efforts to landowners in order to 4 8 maximize landowners' use of federal conservation programs. 4 9 c. (1) All moneys that are allocated to the upland game 4 10 bird 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 upland game bird 4 14 buffer strip assistance program as set forth in paragraph "b". 4 15 The cost=share assistance shall be provided to applicants on a 4 16 first=come, first=served basis until the moneys accumulated in 4 17 the account during that period are exhausted. The department 4 18 shall, by rule pursuant to chapter 17A, establish eligibility 4 19 requirements for the program and procedures for applications 4 20 for and approval of projects to be funded under the program. 4 21 The department shall expend moneys from the account only for 4 22 projects on private land that is accessible to the public for 4 23 recreational hunting. 4 24 (2) Additional moneys that are generated by upland game 4 25 bird wildlife habitat fees and allocated to the upland game 4 26 bird buffer strip assistance account shall accumulate in the 4 27 account and shall be used by the department every five years 4 28 as set forth in subparagraph (1). 4 29 4. DEFINITION. As used in this section, "upland game 4 30 bird" means a pheasant or a quail. 4 31 EXPLANATION 4 32 This bill increases the wildlife habitat fee by $3, 4 33 appropriates the increase in moneys collected, and creates 4 34 programs to expend the moneys for upland game bird habitat 4 35 development. 5 1 The bill provides that all increases in wildlife habitat 5 2 fees collected shall be forwarded by the department of natural 5 3 resources to the treasurer of state for placement in the state 5 4 fish and game protection fund and are appropriated to the 5 5 department to be used solely for the purposes set forth in the 5 6 bill. 5 7 Revenue deposited in the state fish and game protection 5 8 fund is allocated by the bill into two separate accounts, with 5 9 $2 of each fee collected to be allocated to the upland game 5 10 bird wetlands conservation account and $1 of each fee 5 11 collected to be allocated to the upland game bird buffer strip 5 12 assistance account. Interest or earnings on moneys contained 5 13 in each account must be credited to the account, and moneys in 5 14 each account do not revert to the general fund at the close of 5 15 the fiscal year. 5 16 Moneys allocated to the upland game bird wetlands 5 17 conservation account by the bill must be used by the 5 18 department only to carry out the purposes of the upland game 5 19 bird wetlands conservation program, which are to create a 5 20 sustained source of revenue to be used by the department to 5 21 qualify for federal matching funds that are available for 5 22 wetlands conservation under the federal North American 5 23 Wetlands Conservation Act and to undertake projects in 5 24 conjunction with county conservation boards and other partners 5 25 that will aid in wetlands and associated upland habitat 5 26 conservation in the state, including the acquisition, 5 27 restoration, maintenance, or preservation of wetlands and 5 28 associated upland habitat. 5 29 The bill provides that moneys that are allocated to the 5 30 upland game bird wetlands conservation account shall 5 31 accumulate in the account until the account balance is equal 5 32 to $1 million or an amount sufficient to be used by the 5 33 department to qualify for federal matching funds. Each time 5 34 the account balance reaches the necessary amount, the 5 35 department is required to apply for such matching funds, and 6 1 upon obtaining those funds, expend the state and federal 6 2 revenues available to carry out the purposes of the upland 6 3 game bird wetlands conservation program. The bill provides 6 4 that state revenue allocated to the account shall be used for 6 5 projects that increase public recreational hunting 6 6 opportunities in the state and shall not be used on private 6 7 land that is not accessible to the public for recreational 6 8 hunting. 6 9 Moneys allocated to the upland game bird buffer strip 6 10 assistance account must be used by the department only to 6 11 carry out the purpose of the upland game bird buffer strip 6 12 assistance program, which is to increase landowner 6 13 participation in federally funded conservation programs that 6 14 benefit upland game birds and to increase opportunities for 6 15 recreational hunting on private lands. 6 16 The bill provides that moneys allocated to the upland game 6 17 bird buffer strip assistance account shall accumulate in the 6 18 account for five years and then be used by the department to 6 19 carry out the purposes of the upland game bird buffer strip 6 20 assistance program. The bill provides that cost=share 6 21 assistance given under the program shall be on a first=come, 6 22 first=served basis until the moneys allocated to the account 6 23 during that period are exhausted. The department is required 6 24 to adopt rules to establish eligibility requirements and 6 25 procedures for applications for and approval of projects to be 6 26 funded under the program. The process is then repeated every 6 27 five years using funds that have accumulated in the account. 6 28 For purposes of the bill, an "upland game bird" is a 6 29 pheasant or a quail. 6 30 LSB 2216SC 82 6 31 av:rj/je/5