CHAPTER 456AREGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENTReferred to in 455A.4, 455A.5, 481A.1
This chapter not enacted as a part of this title; transferred fromchapter 107 in Code 1993
456A.1Definitions.
456A.2through 456A.5 Reserved.
456A.6Expenses generally.
456A.7through 456A.11 Reserved.
456A.12Lighting by law enforcement vehicles of conservation officer.
456A.13Officers and employees — peace officer status.
456A.14Temporary appointments — peace officer status.
456A.15Removal.
456A.16Income tax refund checkoff for fish and game protection fund.
456A.17Funds restrictions.
456A.18Report of funds.
456A.19Expenditures.
456A.20Limitation on nursery stock — exception.
456A.21Forestry management and enhancement fund.
456A.22Political activity. Repealed by 96 Acts, ch 1022, §1.
456A.23General duties.
456A.24Specific powers.
456A.25Orders.
456A.26Interpretation and limitations.
456A.27Federal wildlife Act assent.
456A.28Fish restoration projects.
456A.29Outdoor recreational and watershed projects.
456A.30Federal assistance for outdoor recreation.
456A.31Comprehensive plan.
456A.32Application for aid.
456A.33Watershed projects.
456A.33AWatershed priority.
456A.33BLake restoration plan and report.
456A.33COn-stream impoundment restoration fund.
456A.34Limit on state’s commitment.
456A.35Applications not limited.
456A.36Timber buyers.
456A.37Aquatic invasive species prevention and control.
456A.38Lease to beginning farmers program.
456A.1Definitions.As used in this chapter unless the context otherwise requires:1.  “Commission” means the natural resource commission.2.  “Department” means the department of natural resources created under section 455A.2.3.  “Director” means the director of the department.[S13, §1400-p; C24, 27, §1795, 2604; C31, §1703-d2, -d3, 1795, 2604; C35, §1703-g1; C39, §1703.28; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §107.1; 1982 Acts, ch 1199, §92,96]1986 Acts, ch 1245, §1827C93, §456A.1456A.2 through 456A.5 456A.6Expenses generally.The members and employees of the commission, the director and officers shall be reimbursed for all actual and necessary expenses incurred by them in the discharge of their official duties when absent from their usual place of abode, unless said appointees or employees are serving under a contract which requires them to defray their own expenses.[C31, §1703-d6; C35, §1703-g6; C39, §1703.33; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §107.6]C93, §456A.6456A.7 through 456A.11 456A.12Lighting by law enforcement vehicles of conservation officer.The required usage of lighting devices set out in sections 321.384 through 321.409 and section 321.415 does not apply to official law enforcement vehicles operated by conservation officers appointed under section 456A.13, while these vehicles are being used in criminal investigations or while attempting to apprehend suspected criminals.1988 Acts, ch 1216, §43C89, §107.12C93, §456A.12456A.13Officers and employees — peace officer status.The director shall employ the number of assistants, including a professionally trained state forester, that are necessary to carry out the duties imposed on the commission; and, under the same conditions, the director shall appoint the number of full-time officers and supervisory personnel that are necessary to enforce all laws of the state and rules and regulations of the commission. The full-time officers and supervisory personnel have the same powers that are conferred by law on peace officers in the enforcement of all laws of the state of Iowa and the apprehension of violators. A person appointed as a full-time officer shall be at least twenty-one years of age on the date of appointment and shall not be employed as a full-time officer after attaining the age of sixty-five. “Full-time officer” means any person appointed by the director to enforce the laws of this state.[C73, §4052; C97, §2540; SS15, §2539, 2540; C24, 27, §1715; C31, §1703-d20, -d22, 1715; C35, §1703-g13, -g15; C39, §1703.40, 1703.42; C46, 50, 54, 58, 62, 66, 71, §107.13, 107.15; C73, 75, 77, 79, 81, §107.13]1986 Acts, ch 1245, §1828,1854C93, §456A.131998 Acts, ch 1183, §114Referred to in 20.3, 97B.49B, 97B.49G, 161A.42, 456A.12, 456A.15, 481A.68, 801.4456A.14Temporary appointments — peace officer status.The director may appoint temporary officers for a period not to exceed six months and may adopt minimum physical, educational, mental, and moral requirements for the temporary officers. Chapter 80B does not apply to the temporary officers. Temporary officers have all the powers of peace officers in the enforcement of this chapter and chapters 321G, 321I, 456B, 461A, 461B, 462A, 462B, 463B, 465C, 481A, 481B, 482, 483A, 484A, and 484B, and the trespass laws.[C35, §1703-g14; C39, §1703.41; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §107.14]1986 Acts, ch 1245, §1829; 1992 Acts, ch 1160, §15C93, §456A.142004 Acts, ch 1132, §91Referred to in 456A.15, 481A.68456A.15Removal.The persons appointed or employed as provided under sections 456A.13 and 456A.14 may be removed by the director at any time subject to the approval of the commission.[C31, §1703-d20; C35, §1703-g16; C39, §1703.43; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §107.16]C83, §107.15C93, §456A.152016 Acts, ch 1073, §125456A.16Income tax refund checkoff for fish and game protection fund.1.  A person who files an individual or a joint income tax return with the department of revenue under section 422.13 may designate any amount to be paid to the state fish and game protection fund. If the refund due on the return or the payment remitted with the return is insufficient to pay the additional amount designated by the taxpayer to the state fish and game protection fund, the amount designated shall be reduced to the remaining amount of refund or the remaining amount remitted with the return.2.  The revenues received shall be used within the state of Iowa for habitat development and shall be deposited in the state fish and game protection fund. The revenue may be used for the matching of federal funds. The revenues and matched federal funds may be used for acquisition of land, leasing of land, or obtaining of easements from willing sellers for use of land as wildlife habitats for game and nongame species. Not less than fifty percent of the funds derived from the checkoff shall be used for the purposes of preserving, protecting, perpetuating, and enhancing nongame wildlife in this state. Nongame wildlife includes those animal species which are endangered, threatened, or not commonly pursued or killed either for sport or profit. Notwithstanding the exemption in section 427.1, the land acquired with the revenues and matched federal funds is subject to the full consolidated levy of property taxes which shall be paid from those revenues. In addition, the revenues may be used for the development and enhancement of wildlife lands and habitat areas and for research and management necessary to qualify for federal funds.3.  The director of revenue shall draft the income tax form to allow the designation of contributions to the state fish and game protection fund on the tax return.4.  The department of revenue on or before January 31 of the year following the preceding calendar year shall certify the total amount designated on the tax return forms due in the preceding calendar year and shall report the amount to the state treasurer. The state treasurer shall credit the amount to the state fish and game protection fund.5.  The general assembly shall appropriate annually from the state fish and game protection fund the amount credited to the fund from the checkoff to the department for the purposes specified in this section.6.  The action taken by a person for the checkoff is irrevocable.7.  The department shall adopt rules pursuant to chapter 17A to implement this section. However, before a checkoff pursuant to this section shall be permitted, all liabilities on the books of the department of administrative services and accounts identified as owing under section 8A.504 shall be satisfied.[1982 Acts, ch 1015, §1,2, 1982 Acts, ch 1196, §1]107.1684 Acts, ch 1263, §2, 85 Acts, ch 230, §2, 86 Acts, ch 1244, §22456A.162002 Acts, ch 1162, §63, 2003 Acts, ch 145, §286, 2004 Acts, ch 1101, §66, 2015 Acts, ch 30, §138, 2017 Acts, ch 144, §9, 14Referred to in 422.12H
Limitation on number of income tax return checkoffs; automatic repeal of certain checkoffs; see §422.12E
456A.17Funds restrictions.1.  The following four funds are created in the state treasury:a.  A state fish and game protection fund.b.  A state conservation fund.c.  An administration fund.d.  A county conservation board fund.2.  The state fish and game protection fund, except as otherwise provided, consists of all moneys accruing from license fees and all other sources of revenue arising under the fish and wildlife programs. Notwithstanding section 12C.7, subsection 2, interest or earnings on investments or time deposits of the moneys in the state fish and game protection fund shall be credited to that fund.3.  The county conservation board fund consists of all moneys credited to it by law or appropriated to it by the general assembly.4.  The state conservation fund, except as otherwise provided, consists of all other funds accruing to the department for the purposes embraced by this chapter.5.  The administration fund shall consist of an equitable portion of the gross amount of the state fish and game protection fund and the state conservation fund, to be determined by the commission, sufficient to pay the expense of administration entailed by this chapter.6.  All receipts and refunds and reimbursements related to activities funded by the administration fund are appropriated to the administration fund. All refunds and reimbursements relating to activities of the state fish and game protection fund shall be credited to the state fish and game protection fund.7.  Notwithstanding section 8.33, revenues deposited in the state conservation fund, and remaining in the state conservation fund on June 30 of any fiscal year shall not revert to the general fund of the state but shall remain available for expenditure for one year after the close of the fiscal year during which such revenues were deposited. Any such revenues remaining unexpended at the end of the one-year period during which the revenues are available for expenditure shall revert to the general fund of the state.8.  The department may apply for a loan for the construction of facilities for the collection and treatment of waste water and for the supply, treatment, and distribution of drinking water under the state water pollution control works and drinking water facilities financing program as established in sections 455B.291 through 455B.299. In order to provide for the repayment of a loan granted under the financing program, the commission may impose a lien on not more than ten percent of the annual revenues from user fees and related revenue derived from park and recreation areas under chapter 461A which are deposited in the state conservation fund. If a lien is established as provided in this paragraph, repayment of the loan is the first priority on the revenues received and dedicated for the loan repayment each year.[C31, §1703-d23, 1820; C35, §1703-g17; C39, §1703.44; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §107.17; 1982 Acts, ch 1084, §1]84 Acts, ch 1262, §3, 86 Acts, ch 1244, §23, 86 Acts, ch 1245, §1830, 1831456A.1794 Acts, ch 1107, §72, 95 Acts, ch 98, §2, 2002 Acts, ch 1162, §64, Acts, ch , §, 2003 Acts, ch 17, §1, 2, 2010 Acts, ch 1034, §3, 4, 2011 Acts, ch 25, §55Referred to in 455A.19, 456A.18, 456A.27, 456A.28, 483A.3B, 484A.4456A.18Report of funds.The director shall, at least monthly, make return and pay to the treasurer of state all moneys then in the director’s hands belonging to the funds created in section 456A.17.[C31, §1703-d23, 1820; C35, §1703-g18; C39, §1703.45; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §107.18]1986 Acts, ch 1245, §1832C93, §456A.182005 Acts, ch 3, §75456A.19Expenditures.1.  All funds accruing to the fish and game protection fund, except an equitable portion of the administration fund, shall be expended solely in carrying on fish and wildlife activities. Expenditures incurred by the department in carrying on the activities shall be only on authorization by the general assembly.a.  The department shall by October 1 of each year submit to the department of management for transmission to the general assembly a detailed estimate of the amount required by the department during the succeeding year for carrying on fish and wildlife activities. The estimate shall be in the same general form and detail as required by law in estimates submitted by other state departments.b.  Any unexpended balance at the end of the biennium shall revert to the fish and game protection fund.c.  All administrative expense shall be paid from the administration fund.d.  All other expenditures shall be paid from the state conservation fund.2.  All expenditures under this chapter are subject to approval by the director of the department of management and the director of the department of administrative services.3.  All moneys credited to the county conservation board fund shall be used to provide grants to county conservation boards to provide funding for the purposes of chapter 350. These grants are in addition to moneys appropriated to the conservation boards from the county boards of supervisors. The grants shall be made to the conservation boards based upon the needs of the boards. Applications shall be made by the boards to the commission.[C35, §1703-g19; C39, §1703.46; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §107.19]84 Acts, ch 1262, §4, 86 Acts, ch 1245, §1833, 1834, 88 Acts, ch 1134, §25, 88 Acts, ch 1158, §18456A.1994 Acts, ch 1107, §73, 95 Acts, ch 214, §22, 2002 Acts, ch 1162, §65, 2003 Acts, ch 108, §79, 2003 Acts, ch 145, §286, 2011 Acts, ch 25, §56, 2013 Acts, ch 30, §103, 2015 Acts, ch 29, §114Referred to in 456A.24, 456A.27, 456A.28456A.20Limitation on nursery stock — exception.1.  Moneys appropriated to the department which are used in growing or handling nursery stock shall be used for growing or handling of the nursery stock for distribution only on state-owned lands. However, the department may do any of the following:a.  Produce and sell game cover packets and trees for erosion control at private sale.b.  Produce trees for a demonstration windbreak in each township in the state.c.  Dispose of growing trees under a departmental plan of distribution.2.  The department shall deposit a portion of the moneys that it receives from selling trees and shrubs as provided in this section to the forestry management and enhancement fund as created in section 456A.21. The amount deposited in the fund shall equal five cents for each coniferous tree and ten cents for each hardwood tree and shrub sold.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §107.20]1986 Acts, ch 1245, §1835,1845C93, §456A.201999 Acts, ch 206, §25; 2000 Acts, ch 1154, §32Referred to in 456A.21456A.21Forestry management and enhancement fund.1.  A forestry management and enhancement fund is created in the state treasury under the department’s control. The fund is composed of moneys deposited into the fund pursuant to section 456A.20, moneys appropriated by the general assembly, and moneys available to and obtained or accepted by the department from the United States or private sources for placement in the fund.2.  Moneys in the fund are subject to an annual audit by the auditor of state. The fund is subject to warrants written by the director of the department of administrative services, drawn upon the written requisition of the department.3.  The fund shall be used exclusively to support the management and enhancement of forests, including woodlands or timber stands in this state, on private lands in cooperation with the owners of those lands. The department shall use moneys in the fund to support the following full-time equivalent positions in addition to those supported from the general fund of the state:a.  Four forestry technicians who shall serve regions of the state as designated by the department.b.  One professional forester who shall serve the southwest region of the state.4.  The commission may adopt rules pursuant to chapter 17A to administer this section.5.  Section 8.33 shall not apply to moneys in the fund. Notwithstanding section 12C.7, moneys earned as income, including as interest, from the fund shall remain in the fund until expended as provided in this section.1999 Acts, ch 206, §26; 2000 Acts, ch 1160, §2; 2002 Acts, ch 1162, §66; 2003 Acts, ch 108, §80,81; 2003 Acts, ch 145, §286Referred to in 456A.20456A.22Political activity.Repealed by 96 Acts, ch 1022, §1. 456A.23General duties.The department shall protect, propagate, increase, and preserve the wild mammals, fish, birds, reptiles, and amphibians of the state and enforce by proper actions and proceedings the laws, rules, and regulations relating to them. The department shall collect, classify, and preserve all statistics, data, and information as in its opinion tend to promote the objects of this chapter, conduct research in improved conservation methods, and disseminate information to residents and nonresidents of Iowa in conservation matters.[C31, 35, §1703-d11; C39, §1703.49; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §107.23]1983 Acts, ch 168, §1; 1991 Acts, ch 268, §224C93, §456A.23Referred to in 456A.26456A.24Specific powers.The department is hereby authorized and empowered to:1.  Expend, as authorized by the general assembly under section 456A.19, any and all moneys accruing to the fish and game protection fund from any and all sources in carrying out the purposes of this chapter; any Act, or Acts, not consistent with this provision are hereby repealed so far as they may apply to the fish and game protection fund.2.  Acquire by purchase, condemnation, lease, agreement, gift, and devise lands or waters suitable for the purposes hereinafter enumerated, and rights-of-way thereto, and to maintain the same for the following purposes, to wit:a.  Public hunting, fishing, and trapping grounds and waters to provide areas in which any person may hunt, fish, or trap in accordance with the law and the rules of the department;b.  Fish hatcheries, fish nurseries, game farms, and wild mammal, fish, bird, reptile, and amphibian refuges.3.  Extend and consolidate lands or waters suitable for the above purposes by exchange for other lands or waters and to purchase, erect, and maintain buildings necessary to the work of the department.4.  Capture, propagate, buy, sell, or exchange any species of wild mammal, fish, bird, reptile, and amphibian needed for stocking the lands or waters of the state, and to feed, provide for, and care for them.5.  The department is hereby authorized to adopt and enforce such departmental rules governing procedure as may be necessary to carry out the provisions of this chapter; also to carry out any other laws the enforcement of which is vested in the department.6.  The department is hereby further authorized to adopt, publish, and enforce such administrative orders as are authorized in section 481A.38.7.  Pay the salaries, wages, compensation, traveling, and other necessary expenses of the commissioners, director, officers, and other employees of the department, and to expend money for necessary supplies and equipment, and to make such other expenditures as may be necessary for the carrying into effect the purposes of this chapter.8.  Control by shooting or trapping any wild mammal, fish, bird, reptile, and amphibian for the purpose of preventing the destruction of or damage to private or public property, but shall not go upon private property for that purpose without the consent of the owner or occupant.9.  Provide for the protection against fire and other destructive agencies on state and privately owned forests, parks, wildlife areas, and other property under its jurisdiction, and cooperate with federal and other state agencies in protection programs approved by the department, and with the consent of the owner, on privately owned areas.10.  Provide conservation employees, when on duty, suitable uniforms, equipment, arms, and supplies.11.  Establish a program governing the harvesting and sale of American ginseng subject to the convention on international trade in endangered species of wild fauna and flora and adopt rules providing for the time and conditions for harvesting the ginseng, the registration of dealers and exporters, the records kept by dealers and exporters, and the certification of legal taking. The time for harvesting of wild ginseng shall not begin before September 1 or extend beyond November 1. A person violating this subsection or rules adopted by the department pursuant to this subsection is subject to a scheduled fine pursuant to section 805.8B, subsection 4.12.  Adopt rules authorizing officers and employees of the department who are peace officers to issue warning citations for violations of this chapter and chapters 321G, 321I, 350, 456B, 457A, 461A through 461C, 462A, 462B, 463B, 464A, 465A through 465C, 481A, 481B, 482, 483A, 484A, and 484B.13.  Apply to any appropriate agency or officer of the United States government to participate in or receive aid from any federal program relating to forests or forestry management. The department may enter into contracts and agreements with the United States government or an appropriate agency of the United States government as necessary to secure funding for the acquisition, development, improvement, and management of forests and forestry resources and to provide funds or assistance to local governments or private citizens involved in forestry management. In connection with obtaining the benefits of a forestry program, the director shall coordinate the department’s activities with and represent the interests of all state agencies and the political subdivisions of the state having interests in forests or forestry management.14.  Enter into an interstate wildlife violators compact with one or more states to enforce state laws and rules relating to the protection and conservation of wildlife subject to the requirements of section 28E.9. The commission may adopt rules as necessary for the implementation of the compact.[C31, 35, §1703-d12; C39, §1703.50; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §107.24]1983 Acts, ch 33, §1; 1983 Acts, ch 168, §2-4; 1986 Acts, ch 1245, §1836,1837,1845; 1991 Acts, ch 78, §1; 1992 Acts, ch 1160, §16C93, §456A.241993 Acts, ch 13, §1; 1993 Acts, ch 38, §1; 2001 Acts, ch 14, §1; 2001 Acts, ch 137, §5; 2004 Acts, ch 1132, §92Referred to in 456A.26, 481A.48, 481A.67, 481A.130, 483A.28, 805.8B456A.25Orders.Administrative orders shall be made only after an investigation of the matter concerned.[C31, §1703-d13; C35, §1703-e12; C39, §1703.51; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §107.25]C93, §456A.25Referred to in 456A.26456A.26Interpretation and limitations.Sections 456A.23 through 456A.25 shall not be construed as authorizing the commission to change any penalty for violating any game law or regulation, or change the amount of any license established by the legislature, or to promulgate any open season on any fish, animal, or bird contrary to the laws of the state of Iowa, or to extend except as provided in this chapter any open season or bag limit on any kind of fish, game, fur-bearing animals, or of any birds prescribed by the laws of the state of Iowa or by federal laws or regulations, or to contract any indebtedness or obligation beyond the funds to which they are lawfully entitled.[C31, 35, §1703-d15; C39, §1703.52; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §107.26]C93, §456A.262009 Acts, ch 133, §156456A.27Federal wildlife Act assent.The state of Iowa assents to the provisions of the Act of Congress entitled “An Act To Provide That The United States Shall Aid The States In Wildlife Restoration Projects, And For Other Purposes”, approved September 2, 1937, 50 Stat.917, codified at 16 U.S.C. §669 669k, and the department may perform acts as necessary to the conduct and establishment of cooperative wildlife restoration projects, as defined in the Act of Congress, in compliance with the Act and with regulations promulgated by the secretary of agriculture under the Act. No funds accruing to the state of Iowa from license fees paid by hunters shall be diverted for any other purpose than as set out in sections 456A.17 and 456A.19.[C39, §1703.53; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §107.27]86 Acts, ch 1245, §1838, 1845456A.272006 Acts, ch 1010, §119, 2015 Acts, ch 30, §139456A.28Fish restoration projects.The state of Iowa assents to the provisions of the Act of Congress entitled “An Act To Provide That The United States Shall Aid The States In Fish Restoration Projects, And For Other Purposes”, approved August 9, 1950, Ch.658, 64 Stat.430, codified at 16 U.S.C. §777 777n, and the department may perform acts as necessary to the conduct and establishment of cooperative fish restoration projects, as defined in the Act of Congress, in compliance with the Act and with regulations promulgated by the secretary of the interior under the Act. No funds accruing to the state of Iowa from fishing license fees shall be diverted for any other purposes than as set out in sections 456A.17 and 456A.19.[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §107.28]86 Acts, ch 1245, §1839, 1845456A.282015 Acts, ch 30, §140456A.29Outdoor recreational and watershed projects.The department may perform acts as necessary to the conduct and establishment of cooperative outdoor recreational and watershed projects as defined by the Congress of the United States and by regulations of the appropriate federal agency and may accept federal funds and assistance for the purpose of planning, acquisition, and development of outdoor recreational and watershed projects.[C66, 71, 73, 75, 77, 79, 81, §107.29]86 Acts, ch 1245, §1840, 1845456A.292012 Acts, ch 1023, §157456A.30Federal assistance for outdoor recreation.The legislature finds that the state of Iowa and its subdivisions should enjoy the benefits of federal assistance programs for the planning and development of the outdoor recreation resources of the state, including the acquisition of lands and waters and interests therein. It is the purpose of this section and sections 456A.31 through 456A.34 to provide authority to enable the state of Iowa and its subdivisions to participate in the benefits of such programs.[C66, 71, 73, 75, 77, 79, 81, §107.30]C93, §456A.30Referred to in 456A.34456A.31Comprehensive plan.The department may prepare, maintain, and keep up-to-date a comprehensive plan for the development of the outdoor recreation resources of the state, and acquire lands, waters, and interests in lands and waters for such areas and facilities.[C66, 71, 73, 75, 77, 79, 81, §107.31]1986 Acts, ch 1245, §1841,1845C93, §456A.31Referred to in 456A.30, 456A.34, 461.32456A.32Application for aid.The department may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from any federal program respecting outdoor recreation. The department may enter into contracts and agreements with the United States or any appropriate agency of the United States and, for purposes of preparation, maintenance, and updating of the comprehensive plan, may from time to time engage and contract for the services and advice of a professional planner of outdoor recreation plans and facilities and hire employees for such purposes as deemed necessary. In connection with obtaining the benefits of any such program, the department shall coordinate the department’s activities with and represent the interests of all agencies and subdivisions of the state having interests in the planning, development, and maintenance of outdoor recreation resources and facilities.[C66, 71, 73, 75, 77, 79, 81, §107.32]1986 Acts, ch 1245, §1842,1845C93, §456A.32Referred to in 456A.30, 456A.34456A.33Watershed projects.The department may perform acts as necessary to conduct an establishment of cooperative outdoor recreational and watershed projects as defined by the Congress of the United States and by regulations of the appropriate federal agency and may accept federal funds and assistance for the purpose of planning, acquisition, and development of outdoor recreational and watershed projects.[C66, 71, 73, 75, 77, 79, 81, §107.33]1986 Acts, ch 1245, §1843,1845C93, §456A.33Referred to in 456A.30, 456A.34456A.33AWatershed priority.The commission shall each year establish a priority list of watersheds which are of highest importance based on soil loss to be used for the allocation of moneys set aside in annual appropriations from the general fund to the department of agriculture and land stewardship for permanent soil conservation practices under chapter 161A on watersheds above publicly owned lakes. Chapter 17A does not apply to this section.1991 Acts, ch 268, §225CS91, §107.33AC93, §456A.33AReferred to in 161A.73, 456A.30, 461.34456A.33BLake restoration plan and report.1.  For purposes of this section, unless the context otherwise requires:a.  “Lake” includes a significant public lake and a public shallow lake or wetland.b.  “Public shallow lake or wetland” means a water body that meets the following criteria:(1)  Is owned by the federal government, the state of Iowa, a county, or a municipal government, and is maintained principally for public use.(2)  Is a multi-use system capable of supporting diverse wildlife, fish, or recreational opportunities.(3)  Has a surface water area of at least ten acres.(4)  Does not have a watershed-to-lake surface area ratio of greater than two hundred to one.(5)  Is an open freshwater system where maximum depth is typically less than six to eight feet at its deepest spot and is under four and one-half feet mean depth.(6)  Is typically fringed by a border of emergent vegetation in water depth less than six feet and when clear is dominated by both emergent and submergent vegetation and provides important wildlife and fish habitat.c.  “Significant public lake” means a lake that meets all of the following criteria:(1)  Is owned by the federal government, the state of Iowa, a county, or a municipal government, and is maintained principally for public use.(2)  Is a multi-use system capable of supporting diverse wildlife, fish, or recreational opportunities.(3)  Has a surface water area of at least ten acres.(4)  Does not have a watershed-to-lake surface area ratio of greater than two hundred to one. (5)  Is not an on-stream impoundment that emulates riverine habitat rather than a lake environment.(6)  Is not used solely as a water supply reservoir.2.a.  It is the intent of the general assembly that the department of natural resources shall develop annually a lake restoration plan and report that shall be submitted to the joint appropriations subcommittee on transportation, infrastructure, and capitals and the legislative services agency by no later than January 1 of each year. The plan and report shall include the department’s plans and recommendations for lake restoration projects to receive funding consistent with the process and criteria provided in this section, and shall include the department’s assessment of the progress and results of projects funded with moneys appropriated under this section.b.  The department shall recommend funding for lake restoration projects that are designed to achieve the following goals:(1)  Ensure a cost-effective, positive return on investment for the citizens of Iowa.(2)  Ensure local community commitment to lake and watershed protection.(3)  Ensure significant improvement in water clarity, safety, and quality of Iowa lakes.(4)  Provide for a sustainable, healthy, functioning lake system.(5)  Result in the removal of the lake from the impaired waters list.(6)  When restored, will contribute to the department’s fish and wildlife conservation plans. 3.  The process and criteria the department shall utilize to recommend funding for lake restoration projects shall be as follows:a.  The department, with input from stakeholders, shall maintain an annual list of not more than thirty-five significant public lakes and not more than five public shallow lakes or wetlands to be considered for funding based on the feasibility of restoring each lake and the use or potential use of the lake, if restored. The list shall include lake projects under active development that the department shall recommend be given priority for funding so long as progress toward completion of the projects remains consistent with the goals of this section.b.  The department shall meet with stakeholders and representatives of communities where lakes on the annual list are located to provide an annual lake restoration assessment and to explain the process and criteria for receiving lake restoration funding. Communities with lakes not included on the annual list may petition the director of the department for a preliminary lake restoration assessment and explanation of the funding process and criteria. The department shall work with stakeholders and representatives of each community to develop a joint lake restoration action plan. At a minimum, each joint action plan shall document the causes, sources, and magnitude of lake impairment, evaluate the feasibility of the lake and watershed restoration options, establish water quality and fishery and wildlife goals and a schedule for attainment, describe long-term management actions, assess the economic benefits of the project, identify the sources and amounts of any leveraged funds, and describe the community’s commitment to the project, including local funding. The stakeholders’ and community’s commitment to the project may include moneys to fund a lake diagnostic study and watershed assessment, including development of a TMDL (total maximum daily load).c.  Each joint lake restoration action plan shall comply with the following guidelines:(1)  Biologic controls will be utilized to the maximum extent, wherever possible.(2)  If proposed, dredging of the lake will be conducted to a mean depth of at least eight feet to gain water quality benefits unless a combination of biologic and structural controls is sufficient to assure water quality targets will be achieved at a shallower average water depth.(3)  The costs of lake restoration will include the maintenance costs of improvements to the lake.(4)  Delivery of phosphorus and sediment from the watershed will be controlled and in place before lake restoration begins. Loads of phosphorus and sediment, in conjunction with in-lake management, will meet or exceed the following water quality targets:(a)  Clarity. A four-and-one-half-foot Secchi depth will be achieved fifty percent of the time from April 1 through September 30.(b)  Safety. Beaches will meet water quality standards for recreational use.(c)  Biota. A diverse, balanced, and sustainable aquatic community will be maintained.(d)  Sustainability. The water quality benefits from the restoration efforts will be sustained for at least fifty years.d.  The department shall evaluate the joint action plans and prioritize the plans based on the criteria required in this section. The department’s annual lake restoration plan and report shall include the prioritized list and the amounts of state and other funding the department recommends for each lake restoration project. The department shall seek public comment on its recommendations prior to submitting the plan and report to the general assembly.2006 Acts, ch 1179, §26, 2007 Acts, ch 22, §81, 82, 2011 Acts, ch 25, §143, 2012 Acts, ch 1023, §63, 2016 Acts, ch 1133, §15 – 19, 2017 Acts, ch 29, §128Referred to in 456A.30, 461.38456A.33COn-stream impoundment restoration fund.1.  For purposes of this section, unless the context otherwise requires, “eligible water body” means a body of water that meets all of the following criteria:a.  Is owned by the state of Iowa, a county, a municipal government, or a public entity organized under chapter 357E.b.  Is a multi-use system capable of supporting diverse wildlife, fish, and recreational opportunities.c.  Has a surface water area of at least ten acres.d.  Has a watershed-to-body of water ratio of not less than two hundred to one and not more than one thousand to one.e.  Is a public body of water with public access.f.  Has diverse water depths and is capable of supporting aquatic vegetation.g.  Is not used solely as a water supply reservoir.2.  An on-stream impoundment restoration fund is created in the state treasury under the control of the department. The fund shall consist of all moneys appropriated to the fund.3.a.  Moneys in the on-stream impoundment restoration fund are appropriated to the department subject to the requirements of this section for purposes of funding projects for the maintenance, restoration, and sustainability of eligible water bodies and their related watersheds.b.  The department shall fund projects from the on-stream impoundment restoration fund for eligible water bodies that are designed to achieve the following goals:(1)  Ensure a cost-effective, positive return on investment for the citizens of Iowa.(2)  Ensure local community commitment to watershed protection.(3)  Ensure significant improvement in water clarity, safety, and quality.(4)  Provide for sustainable, healthy, and functioning bodies of water.(5)  Contribute to the department’s fish and wildlife conservation plans.c.  The process and criteria the department shall utilize to fund projects under this section shall favor proposals which include nonstate matching funds of at least one dollar for every dollar of state funding, and funding for watershed improvement practices and participation of corresponding watershed management authority.4.  Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the on-stream impoundment restoration fund shall be credited to the on-stream impoundment restoration fund. Notwithstanding section 8.33, moneys credited to the on-stream impoundment restoration fund that remain unobligated and unencumbered at the close of a fiscal year shall not revert.2019 Acts, ch 89, §15, 2019 Acts, ch 137, §18Referred to in 456A.30
NEW section
456A.34Limit on state’s commitment.The department shall not make a commitment or enter into an agreement pursuant to an exercise of authority under sections 456A.30 through 456A.33 until the department has determined that sufficient funds are available to the department for meeting the state’s share, if any, of project costs. It is the legislative intent that, to the extent necessary to assure the proper operation and maintenance of areas and facilities acquired or developed pursuant to any program participated in by this state under authority of these sections, the areas and facilities shall be publicly maintained for outdoor recreation purposes. The department may enter into and administer agreements with the United States or any appropriate agency of the United States for planning, acquisition, and development projects involving participating federal aid funds on behalf of any subdivision of this state, if the subdivision gives necessary assurances to the department that it has available sufficient funds to meet its shares, if any, of the cost of the project and that the acquired or developed areas will be operated and maintained at the expense of the subdivision for public outdoor recreation use.[C66, 71, 73, 75, 77, 79, 81, §107.34]1986 Acts, ch 1245, §1844,1845C93, §456A.34Referred to in 456A.30456A.35Applications not limited.The commission shall not limit the number of applications submitted for consideration or the number of projects under construction with respect to United States heritage conservation and recreation service projects.[C79, 81, §107.35]C93, §456A.35456A.36Timber buyers.1.  As used in this section, unless the context otherwise requires:a.  “Employee” means a person in service or under contract for hire, expressed or implied, oral or written, who is engaged in any phase of the enterprise or business.b.  “Timber” means trees, standing or felled, and logs which can be used for sawing or processing into lumber for building or structural purposes or for the manufacture of an article. However, “timber” does not include firewood, Christmas trees, fruit or ornamental trees or wood products not used or to be used for building, structural, manufacturing, or processing purposes.c.  “Timber buyer” means a person engaged in the business of buying timber from the timber growers for sawing into lumber, for processing, or for resale, but does not include a person who occasionally purchases timber for sawing or processing for the person’s own use and not for resale. “Timber buyer” includes a person who contracts with a timber grower on a shared-profit basis to harvest timber from the timber grower’s land.d.  “Timber grower” means the owner, tenant, or operator of land in this state who has an interest in, or is entitled to receive a part of the proceeds from, the sale of timber grown in this state and includes a person exercising authority to sell timber.2.a.(1)  A timber buyer shall file with the commission a surety bond signed by the person as principal and a corporate surety authorized to engage in the business of executing surety bonds within the state. In lieu of a corporate surety a timber buyer may, with the approval of the commission, file a bond signed by the timber buyer as principal and accompanied by a bank certificate of deposit in a form approved by the commission showing to the satisfaction of the commission that funds equal to the amount of the required bond are on deposit in a bank to be held by the bank for the period covered by the certificate. The funds shall be made payable upon demand to the director, subject to the provisions of this section, for the use and benefit of the people of the state and for the use and benefit of a timber grower from whom the timber buyer purchased and who is not paid by the timber buyer or for the use and benefit of a timber grower whose timber has been cut by the timber buyer or the timber buyer’s agents, and who has not been paid.(2)  The principal amount of the bond shall be ten percent of the total amount paid to timber growers during the preceding year, plus ten percent of the total amount due or delinquent and unpaid to timber growers at the end of the preceding year, and ten percent of the market value of growers’ shares of timber harvested during the previous year. However, the total amount of the bond shall be not less than three thousand dollars and not more than fifteen thousand dollars.(3)  The bond or surety shall not be canceled or altered except upon at least sixty days’ notice in writing to the commission.(4)  Bonds shall be in the form approved by the director, be conditioned to secure an honest cutting and accounting for timber purchased by the timber buyer, secure payment to the timber growers, and insure the timber growers against all fraudulent acts of the timber buyer in the purchase and cutting of the timber of this state.b.  If a timber buyer fails to pay when due an amount due a timber grower for timber purchased, or fails to pay legally determined damages for timber wrongfully cut by a timber buyer or the buyer’s agent, or commits a violation of this section, an action on the bond for forfeiture may be commenced. The action is not exclusive and is in addition to other legal remedies available.c.  The timber grower, the owner of timber cut, or the director may bring action on the bond for payment of the amount due from proceeds of the bond in the district court of the county in which the place of business of the timber buyer is situated or in any other lawful venue.d.  The attorney general, upon request of the commission, shall institute proceedings to have the bond of the timber buyer forfeited for violation of any of the provisions of this section or for noncompliance with a commission rule. A timber buyer whose bond has been forfeited shall not engage in the business of buying timber for one year after the forfeiture.e.  If the commission realizes more than the amount of liability from the security, after deducting expenses incurred in converting the security into money, the commission shall pay the excess to the timber buyer who furnished the security.3.  The following are violations of this section:a.  For a timber buyer to fail to pay, as agreed, for timber purchased.b.  For a timber buyer to cut or cause to be cut or appropriate timber not purchased.c.  For a timber buyer to willfully make a false statement in connection with the bond or other information required to be given to the commission or a timber grower.d.  For a timber buyer to fail to honestly account to the timber grower or the commission for timber purchased or cut if the buyer is under a duty to do so.e.  For a timber buyer to commit a fraudulent act in connection with the purchase or cutting of timber.f.  For a timber buyer to transport timber without written proof of ownership or the written consent of the owner.g.  For a person to purchase timber without obtaining, prior to taking possession of the timber, written proof of the vendor’s ownership of the timber or the written consent of the owner of the timber. The purchaser shall keep the written proof of ownership or consent on file for at least three months from the date the timber was released to the purchaser’s possession.4.a.  With the written consent of the timber buyer, the commission, its agents and other employees may inspect the premises and records of the timber buyer.b.  If the timber buyer refuses admittance, or if prior to such refusal the director demonstrates the necessity for a warrant, the director may make application under oath to the district court of the county in which the premises or records are located for the issuance of a search warrant.c.  In the application the director shall state that an inspection of the premises or record designated in the application may result in evidence tending to reveal the existence of violations of the provisions of this section or rule issued by the commission pursuant to this section. The application shall describe the premises or records to be inspected, give the date of the last inspection if known, give the date and time of the proposed inspection, declare the need for such inspection, recite that notice of desire to make an inspection has been given to affected persons and that admission was refused if that be the fact, and state that the inspection has no purpose other than to carry out the purpose of the statute or rule pursuant to which inspection is to be made.d.  The court may issue a search warrant, after examination of the applicant and any witnesses, if the court is satisfied that there is probable cause to believe the existence of the allegations contained in the application.e.  In making investigations, examinations, or surveys pursuant to the authority of this subsection, the director must execute the warrant in a reasonable manner within ten days after its date of issuance.5.  A person who engages in business as a timber buyer without filing a bond or surety with the commission or in violation of any of the provisions of this section, or a timber buyer who refuses to permit inspection of premises, books, accounts, or records as provided in this section is guilty of a serious misdemeanor.6.  The commission may promulgate rules as necessary to carry out the provisions of this section.7.  The commission may, by application to a district court, obtain an injunction restraining a person who engages in the business of timber buying in this state from engaging in the business until that person complies with this section. Upon refusal or neglect to obey the order of the court, the court may compel obedience by proceedings for contempt.[C81, §107.36]456A.3696 Acts, ch 1073, §1, 2, 2011 Acts, ch 25, §115456A.37Aquatic invasive species prevention and control.1.Definitions.As used in this section:a.  “Aquatic invasive species” means a nonnative wildlife or plant species that has been determined by the department to pose a significant threat to the aquatic resources or water infrastructure of the state.b.  “Aquatic plant” means a submergent, emergent, floating, or floating-leaved plant, including algae, and includes any part of such a plant.c.  “Bait” means the same as defined in section 481A.1.d.  “Water-related equipment” means a motor vehicle, boat, watercraft, dock, boat lift, raft, vessel, trailer, tool, implement, device, or any other associated equipment or container, including but not limited to portable bait containers, live wells, ballast tanks, bilge areas, and water-hauling equipment that is capable of containing or transporting aquatic invasive species, aquatic plants, or water.2.Rulemaking.The commission shall adopt rules pursuant to chapter 17A for the implementation and administration of this section. The rules shall do all of the following:a.  Restrict the introduction, propagation, use, possession, and spread of aquatic invasive species.b.  Identify waters of the state with infestations of aquatic invasive species. The commission shall require that such waters be posted as infested.c.  If the commission determines that an additional species should be defined as an “aquatic invasive species”, the species shall be defined by the commission by rule as an “aquatic invasive species”.3.Prohibitions.a.  A person shall not transport on a public road, or place or attempt to place into waters of the state, any water-related equipment that has an aquatic invasive species or aquatic plant attached to or within the water-related equipment except as follows:(1)  When authorized by a written permit issued by the director upon a finding that the person is unable to comply with the requirements of this lettered paragraph “a”, is substantially impacted by the prohibitions of this lettered paragraph “a”, and is affording adequate protection of the aquatic resources or water infrastructure of the state by an alternative means.(2)  When the department, or other governmental entity approved by the director, is undertaking management activities that would constitute prohibited activities under this lettered paragraph “a” but are necessary to manage the aquatic resources or water infrastructure of the state, including but not limited to aquatic invasive species control, and sufficient mitigation efforts are undertaken to avoid or minimize, to the greatest extent possible, exposure of the waters of the state to an aquatic invasive species.(3)  When disposing of or engaging in a control activity of an aquatic invasive species and exposure to other waters of the state is minimized.(4)  When transporting commercial or municipal aquatic plant harvesting equipment to a suitable location away from any waters of the state, for purposes of cleaning the equipment of any remaining aquatic plants or wildlife.(5)  When water-related equipment is legally purchased or traded by or from a commercial source.(6)  For purposes of constructing or transporting a shooting or observation blind, provided that there are no aquatic invasive species present on or in the blind, and the aquatic plants used on or in the blind are emergent, cut above the waterline, and contain no propagules such as seed heads, roots, or rhizomes.(7)  For purposes of submitting a sample to the department or to another entity as directed by the department, provided that the sample is in a sealed container. Any test results of such samples shall be reported to the department.(8)  When engaged in emergency response activities, provided that the person engaged in such activities is affiliated with a law enforcement agency or an agency with emergency response authority.(9)  When otherwise permitted under a disaster declaration issued consistent with chapter 29C.b.  A person shall drain all water from water-related equipment when leaving the waters of the state and before transporting the water-related equipment off a water access area or riparian property. Drain plugs, bailers, valves, or other devices used to control the drainage of water from ballast tanks, bilges, and live wells shall be removed or opened while transporting water-related equipment except as follows:(1)  When authorized by a written permit issued by the director upon a finding that the person is unable to comply with the requirements of this lettered paragraph “b”, is substantially impacted by the prohibitions of this lettered paragraph “b”, and is affording adequate protection of the aquatic resources or water infrastructure of the state by an alternative means.(2)  When the department, or other governmental entity approved by the director, is undertaking management activities that would constitute prohibited activities under this lettered paragraph “b” but are necessary to manage the aquatic resources or water infrastructure of the state, including but not limited to aquatic invasive species control, and sufficient mitigation efforts are undertaken to avoid or minimize, to the greatest extent possible, exposure of the waters of the state to an aquatic invasive species.(3)  When water-related equipment constitutes a marine sanitary system, a closed engine cooling system, or is a tank or container of potable drinking water or other beverage intended for human consumption.(4)  When engaged in emergency response activities, provided that the person engaged in such activities is affiliated with a law enforcement agency or an agency with emergency response authority.(5)  When otherwise permitted under a disaster declaration issued consistent with chapter 29C.c.  A person who violates this subsection is subject to a scheduled fine pursuant to section 805.8B, subsection 5.4.Inspections.Persons operating and transporting water-related equipment shall inspect the equipment for aquatic invasive species when the equipment is removed from, or before entering waters of the state. If an aquatic invasive species is present on or within the water-related equipment, the aquatic invasive species shall be removed immediately. Any water-related equipment is subject to inspection by a representative of the department. A representative of the department may prohibit a person from placing or operating water-related equipment in waters of the state if the person refuses to allow an inspection of the water-related equipment or refuses to remove and dispose of aquatic invasive species, aquatic plants, or water on or within the water-related equipment.96 Acts, ch 1042, §1, 2001 Acts, ch 137, §5, 2004 Acts, ch 1137, §1, 2005 Acts, ch 137, §2, 3, 2005 Acts, ch 179, §70, 71, 2013 Acts, ch 67, §1, 2014 Acts, ch 1026, §104Referred to in 805.8B, 805.8B, 805.8B, 805.8B456A.38Lease to beginning farmers program.1.  As used in this section, unless the context otherwise requires:a.  “Agricultural land”, “beginning farmer”, and “farming” mean the same as defined in section 16.58.b.  “Authority” means the same as defined in section 16.1.c.  “Program” means the lease to beginning farmers program as provided in this section.2.  The department of natural resources shall establish and administer a lease to beginning farmers program. The department shall annually lease agricultural land that it holds or manages as wildlife habitat in each county to beginning farmers seeking to participate in the program. The department shall advertise the program in a manner that encourages wide participation by beginning farmers to lease the agricultural land.3.  The department shall establish annual lease payments for available agricultural land under the program by using the following criteria:a.  Market factors.b.  Prior leases for the same or comparable agricultural land.c.  The cost of establishment or maintenance of soil conservation practices, if applicable.d.  Other criteria established by the department.4.  The department shall execute a lease with a beginning farmer selected to participate in the program after such person has been certified by the authority as a beginning farmer who meets the requirements of the authority, which shall be based on section 16.75, subsection 3, paragraphs “a”, “c”, “f”, and “g”.5.a.  If two or more beginning farmers seek to execute a lease under the program for the same agricultural land, the department shall select the beginning farmer to participate in the program by drawing lots.b.  If no beginning farmer seeks to participate in the program, or no beginning farmer is found qualified to participate in the program, the department shall lease the agricultural land under another lease program that it administers pursuant to chapter 461A, including as provided in 571 IAC ch.21.6.  The department shall establish terms and conditions in the lease for beginning farmers participating in the program. The lease executed by the department under the program shall at least include all of the following:a.  The number of acres leased. The department shall not lease more than two hundred forty acres of agricultural land to a beginning farmer for the production of crops. However, this restriction does not apply to agricultural land leased for grazing livestock.b.  The term of the lease. The term may be based on the use of the agricultural land. A lease shall not be for more than seven years. A beginning farmer shall not sublease the agricultural land.c.  The required and permitted uses of the agricultural land during the lease term. The department may require the establishment of a conservation system, crop rotation, or cover crop, if appropriate. The department may require that a beginning farmer adopt generally accepted farming practices or soil conservation practices, so long as such practices are compatible with the department’s policies related to resource management and outdoor recreation.7.  At the end of a lease term, a beginning farmer who leased agricultural land under the program is eligible to be selected again to lease the same agricultural land. However, the department shall provide a preference to an available beginning farmer who has not previously participated in the program.8.  The department is not required to lease agricultural land under the program that it would not otherwise lease for farming. The department may lease agricultural land for farming under another lease program administered by the department pursuant to its authority under chapter 461A, including as provided in 571 IAC ch.21, only after it has made agricultural land available for lease to all beginning farmers seeking to participate in the program.9.  The department shall adopt rules necessary to administer this section.2013 Acts, ch 64, §1, 2014 Acts, ch 1080, §91, 92, 98, 2014 Acts, ch 1092, §154, 197, 200, 2016 Acts, ch 1073, §126, 127