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

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

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

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

(e)  Moneys from any other private or publicsource 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 thefund under this chapter.  Moneys received as a deposit or private contributionshall be deposited, used, and accounted for in accordance with the conditionsestablished by the agency or person making the contribution.

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

(g)  The acquisition of interests or rights inland having value as a resource to the State for the preservation of thefollowing shall constitute a public purpose for which public funds may beexpended 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 landhaving value as a resource to the State, whether in fee title or through theestablishment of permanent conservation easements under chapter 198 oragricultural easements;

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

(3)  Annual administration costs for the fund, not toexceed 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 ofthis fund that are necessary to protect, maintain, or restore resources at riskon these lands, or that provide for greater public access and enjoyment ofthese lands; provided that the costs related to the operation, maintenance, andmanagement of lands acquired by way of this fund do not exceed five per cent ofannual fund revenues of the previous year.

(i)  Based on applications from state agencies,counties, and nonprofit land conservation organizations, the department, inconsultation with the senate president and speaker of the house ofrepresentatives, shall recommend to the board specific parcels of land to beacquired, restricted with conservation easements, or preserved in similarfashion.  The board shall review the selections and approve or reject theselections according to the availability of moneys in the fund.  To be eligiblefor grants from the fund, state and county agencies and nonprofit landconservation organizations shall submit applications to the department thatcontain:

(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 inthe land;

(5)  Location and characteristics of the land; and

(6)  Other similar, related, or relevant informationas 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 tosection 173A-4, or the board may award grants from the fund to the qualifyingstate or county agencies or nonprofit land conservation organizations for thepreservation of the real property.  Where the recipient of a grant is a countyagency or nonprofit land conservation organization, the board shall requireadditional matching funds of at least twenty-five per cent of the total projectcosts.  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 insubsection (j) shall be made available by the qualifying entities prior todistribution of the fund grant.

(l)  The board shall:

(1)  Track amounts disbursed from the fund;

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

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

(B)  A summary of what value each newlyacquired 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 precedingfiscal year; and

(E)  Objectives and budget projections for thefollowing fiscal year; and

(3)  Make copies of the annual report available to thepublic. [L 1973, c 77, §5; am L 2005, c 156, §4; am L 2006, c 254, §4; am L2007, c 145, §1; am L 2008, c 139, §2; am L 2009, c 59, §2]

 

Note

 

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