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House File 542 - IntroducedA Bill ForAn Act 1relating to the acquisition of land by certain
2governmental entities.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 2.48, subsection 3, paragraph e,
2subparagraph (6), Code 2019, is amended by striking the
3subparagraph.
4 Sec. 2. Section 7A.30, Code 2019, is amended to read as
5follows:
67A.30 Inventory of state property.
71. Each state board, commission, department, and division
8of state government and each institution under the control
9of the department of human services, the Iowa department of
10corrections, and the state board of regents and each division
11of the state department of transportation are responsible for
12keeping a written, detailed, up-to-date inventory of all real
13and personal property belonging to the state and under their
14charge, control, and management. The inventory of real and
15personal property must be updated at least every two years
16and accessible online to the public. The inventories shall
17be in the form prescribed by the director of the department
18of administrative services and at a minimum shall include
19the specific location, size, current use, and the amount of
20property taxes or payments in lieu of property taxes paid to
21local governments.
222. Inventories maintained in the files of each such agency
23of state government shall be open to public inspection and
24available for the information of the executive council and
25director of the department of administrative services.
26 Sec. 3. Section 161A.80A, subsections 2 and 3, Code 2019,
27are amended to read as follows:
282. A blufflands protection revolving fund is created in
29the state treasury. All proceeds shall be divided into two
30equal accounts. One account shall be used for the purchase
31of blufflands along the Mississippi river and its tributaries
32and the other account shall be used for the purchase of
33blufflands along the Missouri river and its tributaries.
34The proceeds of the revolving fund are appropriated to make
35loans to conservation organizations which agree to purchase
-1-1bluffland properties adjacent to state public lands. The
2department of agriculture and land stewardship, in conjunction
3with the department of natural resources, shall adopt rules
4pursuant to chapter 17A to administer the disbursement of
5funds. Notwithstanding section 12C.7, interest or earnings on
6investments made pursuant to this section or as provided in
7section 12B.10 shall be credited to the blufflands protection
8revolving fund. Notwithstanding section 8.33, unobligated
9or unencumbered funds credited to the blufflands protection
10revolving fund shall not revert at the close of a fiscal year.
11However, the maximum balance in the blufflands protection
12revolving fund shall not exceed two million five hundred
13thousand dollars. Any funds in excess of two million five
14hundred thousand dollars shall be credited to the rebuild Iowa
15infrastructure fund. No loan shall be made under this section
16on or after July 1, 2025 2019.
173. This section is repealed on July 1, 2030 2024.
18 Sec. 4. Section 161A.80B, Code 2019, is amended to read as
19follows:
20161A.80B Outstanding bluffland protection loans.
211. The principal and interest from any loan made pursuant
22to section 161A.80A, as enacted in 2015 Iowa Acts, ch 132,
23§45, remaining outstanding on July 1, 2025 2019, that would
24have been payable to the blufflands protection revolving fund
25created in section 161A.80A, shall instead be paid to the
26division on or after July 1, 2025 2019, pursuant to the terms
27of the loan agreement. The moneys paid to the division shall
28be credited to the rebuild Iowa infrastructure fund created in
29section 8.57.
302. This section is repealed on July 1, 2030 2024.
31 Sec. 5. Section 350.1, Code 2019, is amended to read as
32follows:
33350.1 Purposes.
34The purposes of this chapter are to create a county
35conservation board and to authorize counties to acquire,
-2-1develop preserve, maintain, and make available to the
2inhabitants of the county, currently owned public museums,
3parks, preserves, parkways, playgrounds, recreational centers,
4county forests, wildlife and other conservation areas, and to
5promote and preserve the health and general welfare of the
6people, to encourage the orderly development and conservation
7of natural resources, and to cultivate good citizenship by
8providing adequate programs of public recreation.
9 Sec. 6. Section 350.4, unnumbered paragraph 1, Code 2019,
10is amended to read as follows:
11The county conservation board shall have the custody,
12control, and management of all real and personal property
13heretofore or hereafter acquired by the county for public
14museums, parks, preserves, parkways, playgrounds, recreation
15centers, county forests, county wildlife areas, and other
16county conservation and recreation purposes and is authorized
17and empowered:
18 Sec. 7. Section 350.4, subsections 2 and 5, Code 2019, are
19amended to read as follows:
202. To acquire in the name of the county by gift, purchase,
21lease, agreement, or exchange, or otherwise, in fee or with
22conditions, suitable real estate within or without the
23territorial limits of the county for public museums, parks,
24preserves, parkways, playgrounds, recreation centers, forests,
25wildlife, and other conservation purposes and for participation
26in watershed, drainage, and flood control programs for the
27purpose of increasing the recreational resources of the
28county. The natural resource commission, the county board of
29supervisors, or the governing body of any city, upon request
30of the county conservation board, may transfer to the county
31conservation board for use as museums, parks, preserves,
32parkways, playgrounds, recreation centers, play fields, tennis
33courts, skating rinks, swimming pools, gymnasiums, rooms for
34arts and crafts, camps and meeting places, community forests,
35wildlife areas, and other recreational purposes, any land and
-3-1buildings owned or controlled by the department of natural
2resources or the county or city and not devoted or dedicated to
3any other inconsistent public use. In acquiring or accepting
4land, due consideration shall be given to its scenic, historic,
5archaeologic, recreational, or other special features, and
6land shall not be acquired or accepted unless, in the opinion
7of the board, it is suitable or, in the case of exchange, is
8suitable and of substantially the same value as the property
9exchanged from the standpoint of its proposed use. An exchange
10of property approved by the county conservation board and
11the board of supervisors is not subject to section 331.361,
12subsection 2.
135. To accept in the name of the county gifts, bequests,
14contributions, and appropriations of money and other personal
15property for conservation purposes. Donated land shall only be
16accepted if an accompanying monetary donation is made to cover
17the estimated cost of maintaining the land for ten years.
18 Sec. 8. Section 350.6, subsection 1, Code 2019, is amended
19to read as follows:
201. Upon request of the county conservation board, the
21board of supervisors shall establish a reserve for county
22conservation land acquisition and capital improvement projects.
23The board of supervisors may periodically credit an amount of
24money to the reserve. Moneys credited to the reserve shall
25remain in the reserve until expended for the projects upon
26warrants requisitioned by the county conservation board. The
27interest earned on moneys received from bequests and donations
28in the reserve account which are invested pursuant to section
2912C.1 shall be credited to the reserve account.
30 Sec. 9. Section 422.33, subsection 25, Code 2019, is amended
31by striking the subsection.
32 Sec. 10. Section 452A.79A, subsection 2, Code 2019, is
33amended to read as follows:
342. Moneys in the marine fuel tax fund are appropriated to
35the department of natural resources for use by the department
-4-1in its recreational boating program, which may include but is
2not limited to any of the following:
3a. Dredging and renovation of lakes of this state.
4b. Acquisition, development, Development and maintenance of
5access to public boating waters.
6c. Development and maintenance of boating facilities and
7navigation aids.
8d. Administration, operation, and maintenance of
9recreational boating activities of the department of natural
10resources.
11e. Acquisition, development, Development and maintenance of
12recreation facilities associated with recreational boating.
13 Sec. 11. Section 455A.19, subsection 1, paragraph a,
14subparagraph (1), Code 2019, is amended to read as follows:
15(1) Twenty-eight percent shall be allocated to the open
16spaces account. At least ten percent of the allocations to
17the account shall be made available to match private funds for
18open space projects on the cost-share basis of not less than
19twenty-five percent private funds pursuant to the rules adopted
20by the natural resource commission. Five percent of the funds
21allocated to the open spaces account shall be used to fund the
22protected waters program. This account shall be used by the
23department to implement the statewide open space acquisition,
24 protection, and development programs.
25 Sec. 12. Section 455A.19, subsection 1, paragraph a,
26subparagraph (2), unnumbered paragraph 1, Code 2019, is amended
27to read as follows:
28The department shall give priority to acquisition and
29control maintenance and enhancement of open spaces of statewide
30significance. The department shall also use these funds for
31developments on currently owned state property. The total
32cost of an open spaces project funded under this paragraph “a”
33shall not exceed two million dollars unless a public hearing
34is held on the project in the area of the state affected by the
35project. However, on and after July 1, 1994, the following
-5-1shall apply:
2 Sec. 13. Section 455A.19, subsection 1, paragraph b,
3subparagraph (4), Code 2019, is amended to read as follows:
4(4) Funds allocated to the counties under subparagraphs
5(1), (2), and (3) may be used for land easements or
6acquisitions, capital improvements, stabilization and
7protection of resources, repair and upgrading of facilities,
8environmental education, and equipment. However, expenditures
9are not allowed for single or multipurpose athletic fields,
10baseball or softball diamonds, tennis courts, golf courses,
11swimming pools, and other group or organized sport facilities.
12Funds may be used for county projects located within the
13boundaries of a city.
14 Sec. 14. Section 455A.19, subsection 1, paragraphs d and e,
15Code 2019, are amended to read as follows:
16d. Fifteen percent shall be allocated to a cities’ parks
17and open space account. The moneys allocated in this paragraph
18may be used to fund competitive grants to cities to acquire,
19establish, and maintain and enhance natural parks, preserves,
20and open spaces. The grants may include expenditures for
21multipurpose trails, restroom facilities, shelter houses, and
22picnic facilities, but expenditures for single or multipurpose
23athletic fields, baseball or softball diamonds, tennis courts,
24golf courses, swimming pools, and other group or organized
25sport facilities requiring specialized equipment are excluded.
26The grants may be used for city projects located outside of
27a city’s boundaries. The natural resource commission, by
28rule, shall establish procedures for application, review,
29and selection of city projects on a competitive basis. The
30rules shall provide for three categories of cities based on
31population within which the cities shall compete for grants.
32There is appropriated from the cities’ parks and open space
33account to the department the amount in that account, or so
34much thereof as is necessary, to carry out the competitive
35grant program as provided in this paragraph.
-6- 1e. Nine percent shall be allocated to the state land
2management account. The department shall use the moneys
3allocated to this account for maintenance and expansion
4 enhancement of state lands and related facilities under
5its jurisdiction. The authority to expand state lands and
6facilities under this paragraph is limited to expansion of the
7state lands and facilities already owned by the state. There
8is appropriated from the state land management account to the
9department the moneys in that account, or so much thereof as is
10necessary, to implement a maintenance and expansion enhancement
11 program for state lands and related facilities under the
12jurisdiction of the department.
13 Sec. 15. Section 455B.291, subsection 9, paragraph a, Code
142019, is amended to read as follows:
15a. In the context of water pollution control facilities,
16the acquisition, construction, reconstruction, extension,
17equipping, improvement, or rehabilitation of any works and
18facilities useful for the collection, treatment, and disposal
19of sewage and industrial waste in a sanitary manner including
20treatment works as defined in section 212 of the Clean Water
21Act, or the implementation and development of management
22programs established under sections 319 and 320 of the Clean
23Water Act, including construction and undertaking of nonpoint
24source water pollution control projects and related development
25activities authorized under those sections. However, on and
26after July 1, 2019, nonpoint source water pollution control
27projects shall not include the acquisition of real property
28for future donation or sale to a political subdivision, the
29department, or federal government.
30 Sec. 16. Section 455B.295, subsection 2, Code 2019, is
31amended to read as follows:
322. Each of the revolving loan funds shall include sums
33appropriated to the revolving loan funds by the general
34assembly, sums transferred by action of the governor under
35section 455B.296, subsection 3, sums allocated to the state
-7-1expressly for the purposes of establishing each of the
2revolving loan funds under the Clean Water Act and the Safe
3Drinking Water Act, all receipts by the revolving loan funds,
4and any other sums designated for deposit to the revolving
5loan funds from any public or private source. All moneys
6appropriated to and deposited in the revolving loan funds
7are appropriated and shall be used for the sole purpose of
8making loans to eligible entities to finance all or part of the
9cost of projects, including sponsor projects under the water
10resource restoration sponsor program established in section
11455B.199. The moneys appropriated to and deposited in the
12water pollution control works revolving loan fund shall not
13be used to pay the nonfederal share of the cost of projects
14receiving grants under the Clean Water Act. Land purchased
15by a private entity with the assistance of revolving loan
16funds shall not be acquired by a political subdivision or the
17department after July 1, 2019. The moneys in the revolving
18loan funds are not considered part of the general fund of
19the state, are not subject to appropriation for any other
20purpose by the general assembly, and in determining a general
21fund balance shall not be included in the general fund of the
22state but shall remain in the revolving loan funds to be used
23for their respective purposes. The revolving loan funds are
24separate dedicated funds under the administration and control
25of the authority and subject to section 16.31. Moneys on
26deposit in the revolving loan funds shall be invested by the
27treasurer of state in cooperation with the authority, and the
28income from the investments shall be credited to and deposited
29in the appropriate revolving loan funds.
30 Sec. 17. Section 456A.16, subsection 2, Code 2019, is
31amended to read as follows:
322. The revenues received shall be used within the state
33of Iowa for habitat development and shall be deposited in the
34state fish and game protection fund. The revenue may be used
35for the matching of federal funds. The revenues and matched
-8-1federal funds may be used for acquisition of land, leasing of
2land, or obtaining of easements from willing sellers for use
3of land as enhancement, restoration, operation, or maintenance
4of currently owned wildlife habitats for game and nongame
5species. Not less than fifty percent of the funds derived from
6the checkoff shall be used for the purposes of preserving,
7protecting, perpetuating, and enhancing nongame wildlife in
8this state. Nongame wildlife includes those animal species
9which are endangered, threatened, or not commonly pursued
10or killed either for sport or profit. Notwithstanding the
11exemption in section 427.1, the land acquired with the revenues
12and matched federal funds is subject to the full consolidated
13levy of property taxes which shall be paid from those revenues.
14In addition, the revenues may be used for the development
15 preservation and enhancement of wildlife lands and habitat
16areas and for research and management necessary to qualify for
17federal funds.
18 Sec. 18. Section 456A.17, Code 2019, is amended by adding
19the following new subsection:
20 NEW SUBSECTION. 9. Notwithstanding any other provision
21of law to the contrary, the revenues accrued or held by the
22funds established in this section shall not be expended for the
23purpose of land acquisition.
24 Sec. 19. Section 456A.19, subsection 1, unnumbered
25paragraph 1, Code 2019, is amended to read as follows:
26All funds accruing to the fish and game protection fund,
27except an equitable portion of the administration fund, shall
28be expended solely in carrying on fish and wildlife activities
29limited to regulation, law enforcement, programs, salaries,
30support, maintenance, and equipment in support thereof.
31Expenditures incurred by the department in carrying on the
32activities shall be only on authorization by the general
33assembly.
34 Sec. 20. Section 456A.24, subsection 2, unnumbered
35paragraph 1, Code 2019, is amended by striking the unnumbered
-9-1paragraph and inserting in lieu thereof the following:
2Own for the public benefit or acquire by gift or devise,
3including rights-of-way and improvements, for the following
4purposes:
5 Sec. 21. Section 483A.3, subsection 1, paragraph c, Code
62019, is amended to read as follows:
7c. All wildlife habitat fees shall be administered in
8the same manner as hunting and fur harvester licenses except
9all revenue derived from wildlife habitat fees shall be used
10within the state of Iowa for habitat development and shall be
11deposited in the state fish and game protection fund, except
12as provided in subsection 2. The revenue may be used for
13the matching of federal funds. The revenues and any matched
14federal funds shall be used for acquisition of land, leasing of
15land, or obtaining of easements from willing sellers for use as
16wildlife habitats. Notwithstanding the exemption provided by
17section 427.1, any land acquired with the revenues and matched
18federal funds shall be subject to the full consolidated levy of
19property taxes, which shall be paid from the income generated
20from those lands or, if no such income is generated, from the
21wildlife habitat fee revenues. In addition the revenue may be
22used for the development and enhancement of currently owned
23 wildlife lands and habitat areas.
24 Sec. 22. Section 483A.3B, subsection 2, paragraph b, Code
252019, is amended to read as follows:
26b. The purpose of the game bird wetlands conservation
27program is to create a sustained source of revenue to be used
28by the department to qualify for federal matching funds that
29are available for wetlands conservation and to undertake
30projects in conjunction with soil and water conservation
31districts, county conservation boards, and other partners that
32will aid in wetlands and associated habitat conservation in the
33state, including the acquisition, restoration, maintenance, or
34preservation of wetlands and associated habitat.
35 Sec. 23. Section 484A.4, unnumbered paragraph 1, Code 2019,
-10-1is amended to read as follows:
2All revenue generated from the migratory game bird fee
3shall be used for projects approved by the commission for the
4purpose of protecting and propagating migratory game birds and
5for the acquisition, development, restoration, maintenance,
6 or preservation of wetlands, except for that part which is
7specified by the commission for use in paying administrative
8expenses as provided in section 456A.17.
9 Sec. 24. REPEAL. Section 422.11W, Code 2019, is repealed.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to publicly owned lands.
14Certain state entities must keep a list of real and personal
15property belonging to the state under that entity’s charge,
16control, and management. The bill requires each entity to
17update the entity’s inventory at least once every two years and
18to make the list available online to the public. An inventory
19must include information specified in the bill about the
20property.
21Current law allows the department of agriculture and land
22stewardship, in conjunction with the department of natural
23resources, to disburse funds from the blufflands protection
24revolving fund until July 1, 2025. The bill prohibits the
25departments from disbursing funds after July 1, 2019. Under
26the bill, any principal and interest outstanding on or after
27July 1, 2019, from a blufflands protection loan shall be paid
28to the division of soil and water quality, with moneys paid to
29the division credited to the rebuild Iowa infrastructure fund.
30The department of natural resources or a county may
31currently use funds to purchase or otherwise acquire properties
32for public purpose. The bill prohibits the department or
33a county from accepting and developing lands, with some
34exceptions. The bill allows a county board of conservation to
35acquire land only in the case of exchange when the property
-11-1exchanged for is suitable and of substantially the same value
2as the property exchanged, or if a person donates the land with
3an accompanying monetary donation to cover the estimated cost
4of maintaining the land for 10 years. The bill allows the
5department to accept land for public benefit if a person gifts
6or devises the land to the department. The department shall
7give priority to the maintenance and enhancement of currently
8owned open spaces of statewide significance.
9The bill prohibits a city from using funds from grants by
10the department for projects outside of the city’s boundaries.
11The bill prohibits a nonpoint source water pollution control
12project from including an acquisition of real property for
13future donation or sale to the department, other political
14subdivision, or the federal government. The bill also
15prohibits a political subdivision from acquiring land that a
16private entity purchased with the assistance of revolving loan
17funds under the federal Clean Water Act.
18Current law allows a person or corporation to claim a
19tax credit for a charitable conservation contribution to a
20qualified organization made exclusively for conservation
21purposes. The bill repeals that tax credit.
-12-js/rn
2governmental entities.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 2.48, subsection 3, paragraph e,
2subparagraph (6), Code 2019, is amended by striking the
3subparagraph.
4 Sec. 2. Section 7A.30, Code 2019, is amended to read as
5follows:
67A.30 Inventory of state property.
71. Each state board, commission, department, and division
8of state government and each institution under the control
9of the department of human services, the Iowa department of
10corrections, and the state board of regents and each division
11of the state department of transportation are responsible for
12keeping a written, detailed, up-to-date inventory of all real
13and personal property belonging to the state and under their
14charge, control, and management. The inventory of real and
15personal property must be updated at least every two years
16and accessible online to the public. The inventories shall
17be in the form prescribed by the director of the department
18of administrative services and at a minimum shall include
19the specific location, size, current use, and the amount of
20property taxes or payments in lieu of property taxes paid to
21local governments.
222. Inventories maintained in the files of each such agency
23of state government shall be open to public inspection and
24available for the information of the executive council and
25director of the department of administrative services.
26 Sec. 3. Section 161A.80A, subsections 2 and 3, Code 2019,
27are amended to read as follows:
282. A blufflands protection revolving fund is created in
29the state treasury. All proceeds shall be divided into two
30equal accounts. One account shall be used for the purchase
31of blufflands along the Mississippi river and its tributaries
32and the other account shall be used for the purchase of
33blufflands along the Missouri river and its tributaries.
34The proceeds of the revolving fund are appropriated to make
35loans to conservation organizations which agree to purchase
-1-1bluffland properties adjacent to state public lands. The
2department of agriculture and land stewardship, in conjunction
3with the department of natural resources, shall adopt rules
4pursuant to chapter 17A to administer the disbursement of
5funds. Notwithstanding section 12C.7, interest or earnings on
6investments made pursuant to this section or as provided in
7section 12B.10 shall be credited to the blufflands protection
8revolving fund. Notwithstanding section 8.33, unobligated
9or unencumbered funds credited to the blufflands protection
10revolving fund shall not revert at the close of a fiscal year.
11However, the maximum balance in the blufflands protection
12revolving fund shall not exceed two million five hundred
13thousand dollars. Any funds in excess of two million five
14hundred thousand dollars shall be credited to the rebuild Iowa
15infrastructure fund. No loan shall be made under this section
16on or after July 1, 2025 2019.
173. This section is repealed on July 1, 2030 2024.
18 Sec. 4. Section 161A.80B, Code 2019, is amended to read as
19follows:
20161A.80B Outstanding bluffland protection loans.
211. The principal and interest from any loan made pursuant
22to section 161A.80A, as enacted in 2015 Iowa Acts, ch 132,
23§45, remaining outstanding on July 1, 2025 2019, that would
24have been payable to the blufflands protection revolving fund
25created in section 161A.80A, shall instead be paid to the
26division on or after July 1, 2025 2019, pursuant to the terms
27of the loan agreement. The moneys paid to the division shall
28be credited to the rebuild Iowa infrastructure fund created in
29section 8.57.
302. This section is repealed on July 1, 2030 2024.
31 Sec. 5. Section 350.1, Code 2019, is amended to read as
32follows:
33350.1 Purposes.
34The purposes of this chapter are to create a county
35conservation board and to authorize counties to acquire,
-2-1develop preserve, maintain, and make available to the
2inhabitants of the county, currently owned public museums,
3parks, preserves, parkways, playgrounds, recreational centers,
4county forests, wildlife and other conservation areas, and to
5promote and preserve the health and general welfare of the
6people, to encourage the orderly development and conservation
7of natural resources, and to cultivate good citizenship by
8providing adequate programs of public recreation.
9 Sec. 6. Section 350.4, unnumbered paragraph 1, Code 2019,
10is amended to read as follows:
11The county conservation board shall have the custody,
12control, and management of all real and personal property
13heretofore or hereafter acquired by the county for public
14museums, parks, preserves, parkways, playgrounds, recreation
15centers, county forests, county wildlife areas, and other
16county conservation and recreation purposes and is authorized
17and empowered:
18 Sec. 7. Section 350.4, subsections 2 and 5, Code 2019, are
19amended to read as follows:
202. To acquire in the name of the county by gift, purchase,
21lease, agreement, or exchange, or otherwise, in fee or with
22conditions, suitable real estate within or without the
23territorial limits of the county for public museums, parks,
24preserves, parkways, playgrounds, recreation centers, forests,
25wildlife, and other conservation purposes and for participation
26in watershed, drainage, and flood control programs for the
27purpose of increasing the recreational resources of the
28county. The natural resource commission, the county board of
29supervisors, or the governing body of any city, upon request
30of the county conservation board, may transfer to the county
31conservation board for use as museums, parks, preserves,
32parkways, playgrounds, recreation centers, play fields, tennis
33courts, skating rinks, swimming pools, gymnasiums, rooms for
34arts and crafts, camps and meeting places, community forests,
35wildlife areas, and other recreational purposes, any land and
-3-1buildings owned or controlled by the department of natural
2resources or the county or city and not devoted or dedicated to
3any other inconsistent public use. In acquiring or accepting
4land, due consideration shall be given to its scenic, historic,
5archaeologic, recreational, or other special features, and
6land shall not be acquired or accepted unless, in the opinion
7of the board, it is suitable or, in the case of exchange, is
8suitable and of substantially the same value as the property
9exchanged from the standpoint of its proposed use. An exchange
10of property approved by the county conservation board and
11the board of supervisors is not subject to section 331.361,
12subsection 2.
135. To accept in the name of the county gifts, bequests,
14contributions, and appropriations of money and other personal
15property for conservation purposes. Donated land shall only be
16accepted if an accompanying monetary donation is made to cover
17the estimated cost of maintaining the land for ten years.
18 Sec. 8. Section 350.6, subsection 1, Code 2019, is amended
19to read as follows:
201. Upon request of the county conservation board, the
21board of supervisors shall establish a reserve for county
22conservation land acquisition and capital improvement projects.
23The board of supervisors may periodically credit an amount of
24money to the reserve. Moneys credited to the reserve shall
25remain in the reserve until expended for the projects upon
26warrants requisitioned by the county conservation board. The
27interest earned on moneys received from bequests and donations
28in the reserve account which are invested pursuant to section
2912C.1 shall be credited to the reserve account.
30 Sec. 9. Section 422.33, subsection 25, Code 2019, is amended
31by striking the subsection.
32 Sec. 10. Section 452A.79A, subsection 2, Code 2019, is
33amended to read as follows:
342. Moneys in the marine fuel tax fund are appropriated to
35the department of natural resources for use by the department
-4-1in its recreational boating program, which may include but is
2not limited to any of the following:
3a. Dredging and renovation of lakes of this state.
4b. Acquisition, development, Development and maintenance of
5access to public boating waters.
6c. Development and maintenance of boating facilities and
7navigation aids.
8d. Administration, operation, and maintenance of
9recreational boating activities of the department of natural
10resources.
11e. Acquisition, development, Development and maintenance of
12recreation facilities associated with recreational boating.
13 Sec. 11. Section 455A.19, subsection 1, paragraph a,
14subparagraph (1), Code 2019, is amended to read as follows:
15(1) Twenty-eight percent shall be allocated to the open
16spaces account. At least ten percent of the allocations to
17the account shall be made available to match private funds for
18open space projects on the cost-share basis of not less than
19twenty-five percent private funds pursuant to the rules adopted
20by the natural resource commission. Five percent of the funds
21allocated to the open spaces account shall be used to fund the
22protected waters program. This account shall be used by the
23department to implement the statewide open space acquisition,
24 protection, and development programs.
25 Sec. 12. Section 455A.19, subsection 1, paragraph a,
26subparagraph (2), unnumbered paragraph 1, Code 2019, is amended
27to read as follows:
28The department shall give priority to acquisition and
29control maintenance and enhancement of open spaces of statewide
30significance. The department shall also use these funds for
31developments on currently owned state property. The total
32cost of an open spaces project funded under this paragraph “a”
33shall not exceed two million dollars unless a public hearing
34is held on the project in the area of the state affected by the
35project. However, on and after July 1, 1994, the following
-5-1shall apply:
2 Sec. 13. Section 455A.19, subsection 1, paragraph b,
3subparagraph (4), Code 2019, is amended to read as follows:
4(4) Funds allocated to the counties under subparagraphs
5(1), (2), and (3) may be used for land easements or
6acquisitions, capital improvements, stabilization and
7protection of resources, repair and upgrading of facilities,
8environmental education, and equipment. However, expenditures
9are not allowed for single or multipurpose athletic fields,
10baseball or softball diamonds, tennis courts, golf courses,
11swimming pools, and other group or organized sport facilities.
12Funds may be used for county projects located within the
13boundaries of a city.
14 Sec. 14. Section 455A.19, subsection 1, paragraphs d and e,
15Code 2019, are amended to read as follows:
16d. Fifteen percent shall be allocated to a cities’ parks
17and open space account. The moneys allocated in this paragraph
18may be used to fund competitive grants to cities to acquire,
19establish, and maintain and enhance natural parks, preserves,
20and open spaces. The grants may include expenditures for
21multipurpose trails, restroom facilities, shelter houses, and
22picnic facilities, but expenditures for single or multipurpose
23athletic fields, baseball or softball diamonds, tennis courts,
24golf courses, swimming pools, and other group or organized
25sport facilities requiring specialized equipment are excluded.
26The grants may be used for city projects located outside of
27a city’s boundaries. The natural resource commission, by
28rule, shall establish procedures for application, review,
29and selection of city projects on a competitive basis. The
30rules shall provide for three categories of cities based on
31population within which the cities shall compete for grants.
32There is appropriated from the cities’ parks and open space
33account to the department the amount in that account, or so
34much thereof as is necessary, to carry out the competitive
35grant program as provided in this paragraph.
-6- 1e. Nine percent shall be allocated to the state land
2management account. The department shall use the moneys
3allocated to this account for maintenance and expansion
4 enhancement of state lands and related facilities under
5its jurisdiction. The authority to expand state lands and
6facilities under this paragraph is limited to expansion of the
7state lands and facilities already owned by the state. There
8is appropriated from the state land management account to the
9department the moneys in that account, or so much thereof as is
10necessary, to implement a maintenance and expansion enhancement
11 program for state lands and related facilities under the
12jurisdiction of the department.
13 Sec. 15. Section 455B.291, subsection 9, paragraph a, Code
142019, is amended to read as follows:
15a. In the context of water pollution control facilities,
16the acquisition, construction, reconstruction, extension,
17equipping, improvement, or rehabilitation of any works and
18facilities useful for the collection, treatment, and disposal
19of sewage and industrial waste in a sanitary manner including
20treatment works as defined in section 212 of the Clean Water
21Act, or the implementation and development of management
22programs established under sections 319 and 320 of the Clean
23Water Act, including construction and undertaking of nonpoint
24source water pollution control projects and related development
25activities authorized under those sections. However, on and
26after July 1, 2019, nonpoint source water pollution control
27projects shall not include the acquisition of real property
28for future donation or sale to a political subdivision, the
29department, or federal government.
30 Sec. 16. Section 455B.295, subsection 2, Code 2019, is
31amended to read as follows:
322. Each of the revolving loan funds shall include sums
33appropriated to the revolving loan funds by the general
34assembly, sums transferred by action of the governor under
35section 455B.296, subsection 3, sums allocated to the state
-7-1expressly for the purposes of establishing each of the
2revolving loan funds under the Clean Water Act and the Safe
3Drinking Water Act, all receipts by the revolving loan funds,
4and any other sums designated for deposit to the revolving
5loan funds from any public or private source. All moneys
6appropriated to and deposited in the revolving loan funds
7are appropriated and shall be used for the sole purpose of
8making loans to eligible entities to finance all or part of the
9cost of projects, including sponsor projects under the water
10resource restoration sponsor program established in section
11455B.199. The moneys appropriated to and deposited in the
12water pollution control works revolving loan fund shall not
13be used to pay the nonfederal share of the cost of projects
14receiving grants under the Clean Water Act. Land purchased
15by a private entity with the assistance of revolving loan
16funds shall not be acquired by a political subdivision or the
17department after July 1, 2019. The moneys in the revolving
18loan funds are not considered part of the general fund of
19the state, are not subject to appropriation for any other
20purpose by the general assembly, and in determining a general
21fund balance shall not be included in the general fund of the
22state but shall remain in the revolving loan funds to be used
23for their respective purposes. The revolving loan funds are
24separate dedicated funds under the administration and control
25of the authority and subject to section 16.31. Moneys on
26deposit in the revolving loan funds shall be invested by the
27treasurer of state in cooperation with the authority, and the
28income from the investments shall be credited to and deposited
29in the appropriate revolving loan funds.
30 Sec. 17. Section 456A.16, subsection 2, Code 2019, is
31amended to read as follows:
322. The revenues received shall be used within the state
33of Iowa for habitat development and shall be deposited in the
34state fish and game protection fund. The revenue may be used
35for the matching of federal funds. The revenues and matched
-8-1federal funds may be used for acquisition of land, leasing of
2land, or obtaining of easements from willing sellers for use
3of land as enhancement, restoration, operation, or maintenance
4of currently owned wildlife habitats for game and nongame
5species. Not less than fifty percent of the funds derived from
6the checkoff shall be used for the purposes of preserving,
7protecting, perpetuating, and enhancing nongame wildlife in
8this state. Nongame wildlife includes those animal species
9which are endangered, threatened, or not commonly pursued
10or killed either for sport or profit. Notwithstanding the
11exemption in section 427.1, the land acquired with the revenues
12and matched federal funds is subject to the full consolidated
13levy of property taxes which shall be paid from those revenues.
14In addition, the revenues may be used for the development
15 preservation and enhancement of wildlife lands and habitat
16areas and for research and management necessary to qualify for
17federal funds.
18 Sec. 18. Section 456A.17, Code 2019, is amended by adding
19the following new subsection:
20 NEW SUBSECTION. 9. Notwithstanding any other provision
21of law to the contrary, the revenues accrued or held by the
22funds established in this section shall not be expended for the
23purpose of land acquisition.
24 Sec. 19. Section 456A.19, subsection 1, unnumbered
25paragraph 1, Code 2019, is amended to read as follows:
26All funds accruing to the fish and game protection fund,
27except an equitable portion of the administration fund, shall
28be expended solely in carrying on fish and wildlife activities
29limited to regulation, law enforcement, programs, salaries,
30support, maintenance, and equipment in support thereof.
31Expenditures incurred by the department in carrying on the
32activities shall be only on authorization by the general
33assembly.
34 Sec. 20. Section 456A.24, subsection 2, unnumbered
35paragraph 1, Code 2019, is amended by striking the unnumbered
-9-1paragraph and inserting in lieu thereof the following:
2Own for the public benefit or acquire by gift or devise,
3including rights-of-way and improvements, for the following
4purposes:
5 Sec. 21. Section 483A.3, subsection 1, paragraph c, Code
62019, is amended to read as follows:
7c. All wildlife habitat fees shall be administered in
8the same manner as hunting and fur harvester licenses except
9all revenue derived from wildlife habitat fees shall be used
10within the state of Iowa for habitat development and shall be
11deposited in the state fish and game protection fund, except
12as provided in subsection 2. The revenue may be used for
13the matching of federal funds. The revenues and any matched
14federal funds shall be used for acquisition of land, leasing of
15land, or obtaining of easements from willing sellers for use as
16wildlife habitats. Notwithstanding the exemption provided by
17section 427.1, any land acquired with the revenues and matched
18federal funds shall be subject to the full consolidated levy of
19property taxes, which shall be paid from the income generated
20from those lands or, if no such income is generated, from the
21wildlife habitat fee revenues. In addition the revenue may be
22used for the development and enhancement of currently owned
23 wildlife lands and habitat areas.
24 Sec. 22. Section 483A.3B, subsection 2, paragraph b, Code
252019, is amended to read as follows:
26b. The purpose of the game bird wetlands conservation
27program is to create a sustained source of revenue to be used
28by the department to qualify for federal matching funds that
29are available for wetlands conservation and to undertake
30projects in conjunction with soil and water conservation
31districts, county conservation boards, and other partners that
32will aid in wetlands and associated habitat conservation in the
33state, including the acquisition, restoration, maintenance, or
34preservation of wetlands and associated habitat.
35 Sec. 23. Section 484A.4, unnumbered paragraph 1, Code 2019,
-10-1is amended to read as follows:
2All revenue generated from the migratory game bird fee
3shall be used for projects approved by the commission for the
4purpose of protecting and propagating migratory game birds and
5for the acquisition, development, restoration, maintenance,
6 or preservation of wetlands, except for that part which is
7specified by the commission for use in paying administrative
8expenses as provided in section 456A.17.
9 Sec. 24. REPEAL. Section 422.11W, Code 2019, is repealed.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to publicly owned lands.
14Certain state entities must keep a list of real and personal
15property belonging to the state under that entity’s charge,
16control, and management. The bill requires each entity to
17update the entity’s inventory at least once every two years and
18to make the list available online to the public. An inventory
19must include information specified in the bill about the
20property.
21Current law allows the department of agriculture and land
22stewardship, in conjunction with the department of natural
23resources, to disburse funds from the blufflands protection
24revolving fund until July 1, 2025. The bill prohibits the
25departments from disbursing funds after July 1, 2019. Under
26the bill, any principal and interest outstanding on or after
27July 1, 2019, from a blufflands protection loan shall be paid
28to the division of soil and water quality, with moneys paid to
29the division credited to the rebuild Iowa infrastructure fund.
30The department of natural resources or a county may
31currently use funds to purchase or otherwise acquire properties
32for public purpose. The bill prohibits the department or
33a county from accepting and developing lands, with some
34exceptions. The bill allows a county board of conservation to
35acquire land only in the case of exchange when the property
-11-1exchanged for is suitable and of substantially the same value
2as the property exchanged, or if a person donates the land with
3an accompanying monetary donation to cover the estimated cost
4of maintaining the land for 10 years. The bill allows the
5department to accept land for public benefit if a person gifts
6or devises the land to the department. The department shall
7give priority to the maintenance and enhancement of currently
8owned open spaces of statewide significance.
9The bill prohibits a city from using funds from grants by
10the department for projects outside of the city’s boundaries.
11The bill prohibits a nonpoint source water pollution control
12project from including an acquisition of real property for
13future donation or sale to the department, other political
14subdivision, or the federal government. The bill also
15prohibits a political subdivision from acquiring land that a
16private entity purchased with the assistance of revolving loan
17funds under the federal Clean Water Act.
18Current law allows a person or corporation to claim a
19tax credit for a charitable conservation contribution to a
20qualified organization made exclusively for conservation
21purposes. The bill repeals that tax credit.
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