§195-4  Powers and duties of the department. (a)  To preserve, manage, and protect the reserves system, the department isauthorized, in addition to any other powers, to:

(1)  Designate and bring under its control andmanagement, as part of the reserves system, any areas as follows:

(A)  State owned land under the jurisdiction ofthe department may be set aside as a natural area reserve by resolution of thedepartment, subject to the approval of the governor by executive order settingthe land aside for that purpose;

(B)  New natural area reserves may beestablished:

(i)  By gift, devise, grant, reimbursement tocooperators, exchange, or purchase of land or any interest therein, including,but not limited to, conservation easements;

(ii)  By eminent domain pursuant to chapter 101;or

(iii)  By the setting aside of state owned landfor that purpose by the governor, as provided in section 171-11;

(2)  Cooperate or contract with any federal, state, orcounty governmental agency, quasi-governmental agency, private organization, orindividual in carrying out the purpose of this chapter;

(3)  Acquire by gift, devise, grant, or donation anypersonal property to be used in the acquisition or management, or both, ofnatural area reserves;

(4)  Implement, after consultation with the commissionand based on the most comprehensive up-to-date compilation of scientific data,the acquisition, management, protection, and use of natural area reserves; and

(5)  Prepare and take the necessary steps to implementthe management plan set forth in section 195-11.

(b)  The department, with at least twenty dayspublic notice, shall conduct one or more public hearings before terminatingstate funding for a management plan approved by the board under the naturalarea partnership program, requesting the governor to revoke or modify anexecutive order that sets aside lands for the reserves system, or prior to thedesignation of the following types of lands into the reserves system:

(1)  State lands under the jurisdiction of the department;

(2)  State lands that are removed from other uses ormodified by the governor through an executive order that sets aside land forthe natural area reserves system;

(3)  Lands acquired by eminent domain pursuant tochapter 101; and

(4)  State lands proposed by the governor forinclusion into the reserves system, as provided in section 171-11.

The notice shall be given in the county where theproposed natural area reserve or natural area partnership is located and alsostatewide.  The notice shall contain, but not be limited to, the time and placeof the hearing, the location of the land, and the proposed changes. [L 1970, c139, pt of §1; am L 1987, c 350, §3; am L 1991, c 326, §3; am L 1992, c 180,§1; am L 1998, c 2, §52]