§173A-5  Land conservation fund. 
(a)  A land conservation fund, hereinafter called "fund", is hereby
established.



(b)  The proceeds from the sale of any general
obligation bonds authorized and issued for purposes of this chapter shall be
deposited in or credited to the fund.



(c)  Any net proceeds or revenue from the
operation, management, sale, lease, or other disposition of land or the
improvements on the land acquired or constructed by the board under the
provisions of this chapter shall also be deposited in or credited to the fund.



(d)  The appropriate percentage identified
under section 247-7 of all taxes imposed and collected under chapter 247 shall
be deposited in or credited to the fund every fiscal year.



(e)  Moneys from any other private or public
source may be deposited in or credited to the fund; provided that mandates,
regulations, or conditions on these funds do not conflict with the use of the
fund under this chapter.  Moneys received as a deposit or private contribution
shall be deposited, used, and accounted for in accordance with the conditions
established by the agency or person making the contribution.



(f)  The fund shall be administered and managed
by the department.



(g)  The acquisition of interests or rights in
land having value as a resource to the State for the preservation of the
following shall constitute a public purpose for which public funds may be
expended or advanced:



(1)  Watershed protection;



(2)  Coastal areas, beaches, and ocean access;



(3)  Habitat protection;



(4)  Cultural and historical sites;



(5)  Recreational and public hunting areas;



(6)  Parks;



(7)  Natural areas;



(8)  Agricultural production; and



(9)  Open spaces and scenic resources.



(h)  The fund shall be used for:



(1)  The acquisition of interests or rights in land
having value as a resource to the State, whether in fee title or through the
establishment of permanent conservation easements under chapter 198 or
agricultural easements;



(2)  The payment of any debt service on state
financial instruments relating to the acquisition of interests or rights in
land having value as a resource to the State;



(3)  Annual administration costs for the fund, not to
exceed five per cent of annual fund revenues of the previous year[; and]



(4)  Costs related to the operation, maintenance, and management of lands acquired by way of
this fund that are necessary to protect, maintain, or restore resources at risk
on these lands, or that provide for greater public access and enjoyment of
these lands; provided that the costs related to the operation, maintenance, and
management of lands acquired by way of this fund do not exceed five per cent of
annual fund revenues of the previous year.



(i)  Based on applications from state agencies,
counties, and nonprofit land conservation organizations, the department, in
consultation with the senate president and speaker of the house of
representatives, shall recommend to the board specific parcels of land to be
acquired, restricted with conservation easements, or preserved in similar
fashion.  The board shall review the selections and approve or reject the
selections according to the availability of moneys in the fund.  To be eligible
for grants from the fund, state and county agencies and nonprofit land
conservation organizations shall submit applications to the department that
contain:



(1)  Contact information for the project;



(2)  A description of the project;



(3)  The request for funding;



(4)  Cost estimates for acquisition of the interest in
the land;



(5)  Location and characteristics of the land; and



(6)  Other similar, related, or relevant information
as determined by the department.



(j)  For applications approved by the board,
the board may acquire land having value as a resource to the State, pursuant to
section 173A-4, or the board may award grants from the fund to the qualifying
state or county agencies or nonprofit land conservation organizations for the
preservation of the real property.  Where the recipient of a grant is a county
agency or nonprofit land conservation organization, the board shall require
additional matching funds of at least twenty-five per cent of the total project
costs.  Matching funds may be in the form of:



(1)  Direct moneys;



(2)  A combination of public and private funds;



(3)  Land value donation;



(4)  In-kind contributions; or



(5)  Any combination of the above.



(k)  Evidence of the matching funds in
subsection (j) shall be made available by the qualifying entities prior to
distribution of the fund grant.



(l)  The board shall:



(1)  Track amounts disbursed from the fund;



(2)  Prepare and submit an annual report to the
governor and the legislature at least twenty days prior to the convening of
each regular session.  The annual report shall include:



(A)  A summary of all interests or rights in
land acquired during the preceding fiscal year;



(B)  A summary of what value each newly
acquired land has as a resource to the State;



(C)  Proposals for future land acquisitions,
including a summary of the resource value that the land may possess;



(D)  A financial report for the preceding
fiscal year; and



(E)  Objectives and budget projections for the
following fiscal year; and



(3)  Make copies of the annual report available to the
public. [L 1973, c 77, §5; am L 2005, c 156, §4; am L 2006, c 254, §4; am L
2007, c 145, §1; am L 2008, c 139, §2; am L 2009, c 59, §2]



 



Note



 



  Transfer of certain interest earnings to general fund until
June 30, 2015.  L 2009, c 79, §30(a)(5).