reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455K - ENVIRONMENTAL AUDIT PRIVILEGE AND IMMUNITY › Section 455K.7 - Review of privileged documents.

455K.7 Review of privileged documents.
1. The privileges created in this chapter shall not apply to criminal investigations or proceedings. An environmental audit report, supporting documents, and testimony relating thereto may be obtained by a prosecutor’s subpoena pursuant to the rules of criminal procedure. If an environmental audit report is obtained, reviewed, or used in a criminal investigation or proceeding, the administrative and civil evidentiary privilege established in this chapter is not waived or made inapplicable for any purpose other than for the criminal investigation or proceeding.
2. Notwithstanding the privilege established in this chapter, the department may review information in an environmental audit report, but such review does not waive or make the administrative and civil evidentiary privilege inapplicable to the report. A regulatory agency shall not adopt a rule or impose a condition that circumvents the purpose of this chapter.
3. If information is required to be made available to the public by operation of a specific state or federal law, rule, or permit condition, the governmental authority shall notify the person claiming the privilege of the potential for public disclosure prior to obtaining such information under subsection 1 or 2.
4. If privileged information is disclosed under subsection 2 or 3, on the motion of a party, a court or the presiding officer in an administrative hearing shall suppress evidence offered in any civil or administrative proceeding that arises or is derived from review, disclosure, or use of information obtained under this section if the review, disclosure, or use is not authorized under section 455K.6. A party having received information under subsection 2 or 3 has the burden of proving that the evidence offered did not arise and was not derived from the review of privileged information.
98 Acts, ch 1109, §7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455K - ENVIRONMENTAL AUDIT PRIVILEGE AND IMMUNITY › Section 455K.9 - Other privileges not affected.

455K.9 Other privileges not affected.
This chapter shall not limit, waive, or abrogate the scope or nature of any statutory or common-law privilege, including the work product doctrine and the attorney-client privilege.
98 Acts, ch 1109, §9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455K - ENVIRONMENTAL AUDIT PRIVILEGE AND IMMUNITY › Section 455K.10 - Environmental auditor training program.

455K.10 Environmental auditor training program.
A training program for and standards for certification of environmental auditors shall be developed jointly by the Iowa waste reduction center and the department. The training program shall be administered by the Iowa waste reduction center. The program shall provide training on the proper conduct of an environmental audit; local, state, and federal environmental ordinances, rules, and laws that apply to businesses in this state; and the environmental audit laws in this state. The program shall be made available to small and large business owners and operators, consulting engineers, regulatory personnel, and citizens through the community college system. A fee may be assessed for participation in the program. Upon completion of the training program, program participants may elect to be tested by the department for certification as an environmental auditor for the purposes of this chapter.
98 Acts, ch 1109, §10
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455K - ENVIRONMENTAL AUDIT PRIVILEGE AND IMMUNITY › Section 455K.11 - Summary.

455K.11 Summary.
On or before December 1 of each year, the department shall make available a summary of the number of environmental audit notices received, the violations, and the remediation status of the violations reported pursuant to this chapter during the preceding fiscal year.
98 Acts, ch 1109, §11
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456 - GEOLOGICAL SURVEY › Section 456.1 - Iowa geological survey created.

456.1 Iowa geological survey created.
An Iowa geological survey of the state is created within the state university of Iowa, under the jurisdiction and authority of the state board of regents.
[C97, §2497; C24, 27, 31, 35, 39, §4549; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §305.1]
86 Acts, ch 1245, §1881
C93, §460A.1
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §456.1
2011 Acts, ch 25, §143; 2018 Acts, ch 1023, §12; 2019 Acts, ch 131, §34
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456 - GEOLOGICAL SURVEY › Section 456.2 - State geologist — qualifications.

456.2 State geologist — qualifications.
The state board of regents shall appoint the state geologist. The state geologist must, at a minimum, have a master’s degree in geology from an accredited college or university and must have at least five years of geological experience. The annual salary of the state geologist shall be determined by the state board of regents.
[R60, §180, 181; C97, §2498; C24, 27, 31, 35, 39, §4550; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §305.2]
86 Acts, ch 1245, §1882
C93, §460A.2
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §456.2
2018 Acts, ch 1023, §13
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456 - GEOLOGICAL SURVEY › Section 456.3 - Survey.

456.3 Survey.
The state geologist shall be director of the survey and shall make a complete survey of the natural resources of the state in all their economic and scientific aspects, including the determination of the order, arrangement, dip, and comparative magnitude of the various formations; the discovery and examination of all useful deposits, including their richness in mineral contents and their fossils; and the investigation of the position, formation, and arrangement of the different ores, coals, clays, building stones, glass sands, marls, peats, mineral oils, natural gases, mineral and artesian waters, and such other minerals or other materials as may be useful, with particular regard to the value thereof for commercial purposes and their accessibility.
[R60, §182; C97, §2499; C24, 27, 31, 35, 39, §4551; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §305.3]
C93, §460A.3
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §456.3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456 - GEOLOGICAL SURVEY › Section 456.4 - Investigations — collection.

456.4 Investigations — collection.
The state geologist shall investigate the characters of the various soils and their capacities for agricultural purposes, the streams, and other scientific and natural resource matters that may be of practical importance and interest. A complete cabinet collection shall be made to illustrate the natural products of the state, and the state geologist may also furnish suites of materials, rocks, and fossils for colleges and public museums within the state, if it can be done without impairing the general state collection.
[R60, §182, 185, 187; C97, §2499; C24, 27, 31, 35, 39, §4552; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §305.4]
C93, §460A.4
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §456.4
2003 Acts, ch 145, §286; 2018 Acts, ch 1023, §14
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456 - GEOLOGICAL SURVEY › Section 456.5 - Authority to enter lands.

456.5 Authority to enter lands.
For the purpose of carrying on investigations, the state geologist and the state geologist’s assistants and employees shall have authority to enter and cross all lands within the state; provided that in so doing no damage is done to private property.
[C24, 27, 31, 35, 39, §4553; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §305.5]
C93, §460A.5
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §456.5
2020 Acts, ch 1063, §245
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456 - GEOLOGICAL SURVEY › Section 456.5A - Long-range budget plan.

456.5A Long-range budget plan.
1. As used in this section, “planning period” means a period comprised of five consecutive fiscal years each beginning July 1 and ending June 30.
2. Not later than January 10, 2022, and not later than January 10 of each subsequent five-year period, the state geologist shall publish a new long-range budget plan for the next planning period. The long-range budget plan shall describe how moneys appropriated, expected to be appropriated, or otherwise available or expected to be available to the Iowa geological survey for each fiscal year of that planning period are to be expended in a manner that best allows the Iowa geological survey to exercise its powers and carry out its duties or functions. The long-range budget plan shall include any performance goals and measures required by law or established by the state geologist. The state geologist shall annually evaluate the Iowa geological survey’s progress in attaining those performance goals and shall revise the long-term budget plan as the state geologist determines necessary or desirable.
2021 Acts, ch 143, §40; 2022 Acts, ch 1032, §107, 111; 2022 Acts, ch 1149, §17
Referred to in §456.7
Subsection 2 amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456 - GEOLOGICAL SURVEY › Section 456.6 - Detailed reports.

456.6 Detailed reports.
The state geologist and the state geologist’s assistants shall make detailed maps and reports of counties and districts as fast as the work is completed, which reports shall embrace such geological, mineralogical, topographical, and scientific details as are necessary to make complete records thereof, which may include the necessary illustrations, maps, charts, and diagrams.
[R60, §184; C97, §2500; S13, §2500; C24, 27, 31, 35, 39, §4554; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §305.6]
C93, §460A.6
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §456.6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456 - GEOLOGICAL SURVEY › Section 456.7 - Annual report.

456.7 Annual report.
On or before January 10 of each year, the state geologist shall submit to the governor and the general assembly a full report of the work of the Iowa geological survey performed during the preceding year. The report shall include a summary of its current long-range budget plan as provided in section 456.5A. The report may be accompanied by such other reports and documents as the state geologist determines is necessary or desirable for publication.
[R60, §184; C97, §2498, 2500; S13, §2500; C24, 27, 31, 35, 39, §4555; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §305.7]
C93, §460A.7
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §456.7
2018 Acts, ch 1023, §15; 2021 Acts, ch 143, §41; 2022 Acts, ch 1032, §108, 111
Section not amended; section history revised
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456 - GEOLOGICAL SURVEY › Section 456.8 - Cooperation.

456.8 Cooperation.
The state geologist shall cooperate with the United States geological survey, with other federal and state organizations, and with adjoining state surveys in the making of topographic maps and the study of geologic problems of the state when, in the opinion of the state geologist, such cooperation will result in profit to the state.
[S13, §2500; C24, 27, 31, 35, 39, §4556; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §305.8]
C93, §460A.8
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §456.8
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456 - GEOLOGICAL SURVEY › Section 456.9 - Publication of reports.

456.9 Publication of reports.
The state geologist may direct the preparation and publication of special reports and bulletins of educational and scientific value or containing information of immediate use to the people.
[C97, §2501; S13, §2501; C24, 27, 31, 35, 39, §4557; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §305.9]
C93, §460A.9
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §456.9
Reports, §7A.27
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456 - GEOLOGICAL SURVEY › Section 456.10 - Distribution of reports.

456.10 Distribution of reports.
All publications of the Iowa geological survey shall be made available electronically via an internet site maintained for that purpose.
[C97, §2501; S13, §2501; C24, 27, 31, 35, 39, §4558; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §305.10]
C93, §460A.10
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §456.10
2018 Acts, ch 1023, §16; 2019 Acts, ch 131, §35
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456 - GEOLOGICAL SURVEY › Section 456.12 - Failure to furnish map.

456.12 Failure to furnish map.
When the operator of any mine neglects or refuses for a period of ninety days to furnish to the state geologist the map or plan, or a copy thereof, of such mine or any extension thereof, as provided in this chapter, the state geologist shall cause to be made an accurate map or plan of such mine or extension as the case may be, at the expense of the operator. The cost shall be paid by the state and recovered from such operator. It shall be the duty of the county attorney of the county in which such mine is located, at the request of the state geologist, to bring action in the name of the state for such recovery.
[S13, §2485-a, 2496-m; C24, 27, 31, 35, 39, §1246, 1359; C46, 50, 54, 58, 62, 66, 71, 73, §82.29, 83.22; C75, 77, 79, 81, §305.13]
C93, §460A.13
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §456.12
Referred to in §331.756(46)
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456 - GEOLOGICAL SURVEY › Section 456.13 - Maps property of state — custody — copies.

456.13 Maps property of state — custody — copies.
The maps so delivered to the state geologist shall be the property of the state and shall remain in the custody of the state geologist. They shall be kept at the office of the Iowa geological survey and be open to examination by all persons interested in the maps; but such examination shall only be made in the presence of the state geologist or a designee, and the state geologist shall not permit any copies of the maps to be made without the written consent of the operator or the owner of the property, except as provided in section 456.11 or if the mine has been abandoned for at least five years.
[C97, §2485; S13, §2485, 2496-m; C24, 27, 31, 35, 39, §1247, 1356; C46, 50, 54, 58, 62, 66, 71, 73, §82.30, 83.19; C75, 77, 79, 81, §305.14]
C93, §460A.14
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §456.13
2019 Acts, ch 131, §36
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456 - GEOLOGICAL SURVEY › Section 456.14 - Water resource management.

456.14 Water resource management.
1. The state geologist shall maintain historical data, collect existing data, and compile new data regarding water resources, including surface water sources and groundwater sources, and geological formations that impact upon those water resources. Such data shall be managed in a manner that allows it to be made available for use by the department of natural resources and the public.
2. The state geologist shall measure, assess, and evaluate groundwater sources and subsurface geological formations in a manner that assists the department of natural resources in optimizing allocations and uses of groundwater sources in this state, including as provided in chapter 455B, subchapter III, part 4. The state geologist may use data described in subsection 1 to measure, assess, and evaluate all of the following:
a. The sustainability and existing or potential vulnerabilities of groundwater sources.
b. The risk, prediction, or indication of drought, the impacts of drought, and the presence, intensity, or duration of drought conditions.
c. Subsurface geologic hazards to groundwater resources.
d. The recharge of groundwater sources, including recharge rates.
e. The presence of reserves of groundwater sources.
f. The potential of groundwater sources present in subsurface geologic formations.
3. The state geologist shall develop and use management tools, computer programming, or modeling as necessary or convenient to administer this section.
4. The state geologist shall prepare, use, and make available maps or other methods of presentation that provide for the geospatial visualization of data described in subsection 1 as necessary or convenient to administer this section.
5. Upon request by the department of natural resources, the state geologist shall assist the department in regulating water quantity from water resources as provided in section 455B.262B.
2018 Acts, ch 1167, §27; 2021 Acts, ch 76, §150
Referred to in §455B.262B
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.1 - Definitions.

456A.1 Definitions.
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; 82 Acts, ch 1199, §92, 96]
86 Acts, ch 1245, §1827
C93, §456A.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.6 - Expenses generally.

456A.6 Expenses 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.6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.12 - Lighting by law enforcement vehicles of conservation officer.

456A.12 Lighting 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.
88 Acts, ch 1216, §43
C89, §107.12
C93, §456A.12
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.13 - Officers and employees — peace officer status.

456A.13 Officers 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]
86 Acts, ch 1245, §1828, 1854
C93, §456A.13
98 Acts, ch 1183, §114
Referred to in §20.3, 97B.49B, 97B.49G, 161A.42, 456A.12, 456A.13A, 456A.15, 481A.68, 801.4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.13A - Full-time officers — health insurance.

456A.13A Full-time officers — health insurance.
1. a. Notwithstanding any provision to the contrary, full-time officers as defined in section 456A.13 that are not covered under a collective bargaining agreement who were at any time eligible to be enrolled in the group health insurance plan that is negotiated under chapter 20 between the state and the state police officers council labor union and who elect to participate in a group health insurance plan provided by the state, shall only be permitted to participate in the group health insurance plan that is negotiated under chapter 20 between the state and the state police officers council labor union for full-time officers subject to the requirements of this subsection. In addition, a full-time officer who was covered under a collective bargaining agreement and who becomes a manager or supervisor and is no longer covered by the agreement shall not lose group health insurance benefits as provided by the agreement.
b. Notwithstanding any provision to the contrary, a full-time officer participating in the group health insurance plan pursuant to paragraph “a” shall have the option, upon retirement, to continue participation in the group health insurance plan pursuant to section 509A.13 subject to the requirements of this section. However, a full-time officer who was not covered under a collective bargaining agreement and not participating in the group health insurance plan as provided by this section at the time of retirement shall not be allowed to participate in the group health insurance plan negotiated under chapter 20 between the state and the state police officers council upon retirement.
2. The department shall calculate the savings to the department for full-time officers employed in the law enforcement bureau of the department who are participating in the group health insurance plan pursuant to subsection 1. The department shall transfer to the state fish and game protection fund created in section 456A.17 from moneys appropriated to the department an amount equal to the savings calculated by the department. In addition, the department shall be authorized to retain any savings to the department for full-time officers who are not employed in the law enforcement bureau of the department participating in the group health insurance plan pursuant to subsection 1 from moneys appropriated to the department.
2021 Acts, ch 183, §23, 25
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.13B - Occupancy of state housing in state parks.

456A.13B Occupancy of state housing in state parks.
1. If an employee of the department occupies a state-owned residence located within a state park on January 1, 2022, the employee may continue to occupy that residence until December 31, 2023, under the same terms and conditions that applied on the date that the employee first occupied the residence.
2. This section is repealed on January 1, 2024.
2022 Acts, ch 1147, §34, 35
NEW section
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.14 - Temporary appointments — peace officer status.

456A.14 Temporary 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, 465C, 481A, 481B, 482, 483A, 484A, and 484B, sections 455A.14A and 455A.14B, and the trespass laws.
[C35, §1703-g14; C39, §1703.41; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §107.14]
86 Acts, ch 1245, §1829; 92 Acts, ch 1160, §15
C93, §456A.14
2004 Acts, ch 1132, §91; 2021 Acts, ch 48, §1; 2022 Acts, ch 1101, §5 – 7
Referred to in §456A.15, 481A.68
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.15 - Removal.

456A.15 Removal.
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, §107.15
C93, §456A.15
2016 Acts, ch 1073, §125
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.18 - Report of funds.

456A.18 Report 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]
86 Acts, ch 1245, §1832
C93, §456A.18
2005 Acts, ch 3, §75
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.19 - Expenditures.

456A.19 Expenditures.
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, §18
C93, §456A.19
94 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, §114
Referred to in §456A.24, 456A.27, 456A.28
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.20 - Limitation on nursery stock — exception.

456A.20 Limitation 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]
86 Acts, ch 1245, §1835, 1845
C93, §456A.20
99 Acts, ch 206, §25; 2000 Acts, ch 1154, §32
Referred to in §456A.21
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.21 - Forestry management and enhancement fund.

456A.21 Forestry 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.
99 Acts, ch 206, §26; 2000 Acts, ch 1160, §2; 2002 Acts, ch 1162, §66; 2003 Acts, ch 108, §80, 81; 2003 Acts, ch 145, §286
Referred to in §456A.20
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.23 - General duties.

456A.23 General 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]
83 Acts, ch 168, §1; 91 Acts, ch 268, §224
C93, §456A.23
Referred to in §456A.26
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.25 - Orders.

456A.25 Orders.
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.25
Referred to in §456A.26
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.26 - Interpretation and limitations.

456A.26 Interpretation 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.26
2009 Acts, ch 133, §156
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.27 - Federal wildlife Act — assent.

456A.27 Federal 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, 1845
C93, §456A.27
2006 Acts, ch 1010, §119; 2015 Acts, ch 30, §139
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.28 - Fish restoration projects.

456A.28 Fish 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, Chapter 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, 1845
C93, §456A.28
2015 Acts, ch 30, §140; 2020 Acts, ch 1062, §53
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.29 - Outdoor recreational and watershed projects.

456A.29 Outdoor 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, 1845
C93, §456A.29
2012 Acts, ch 1023, §157
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.30 - Federal assistance for outdoor recreation.

456A.30 Federal 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.30
Referred to in §456A.34
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.31 - Comprehensive plan.

456A.31 Comprehensive 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]
86 Acts, ch 1245, §1841, 1845
C93, §456A.31
Referred to in §456A.30, 456A.34, 461.32
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.32 - Application for aid.

456A.32 Application 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]
86 Acts, ch 1245, §1842, 1845
C93, §456A.32
Referred to in §456A.30, 456A.34
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.33 - Watershed projects.

456A.33 Watershed 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]
86 Acts, ch 1245, §1843, 1845
C93, §456A.33
Referred to in §456A.30, 456A.34
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.33A - Watershed priority.

456A.33A Watershed 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.
91 Acts, ch 268, §225
CS91, §107.33A
C93, §456A.33A
Referred to in §161A.73, 456A.30, 461.34
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.33C - On-stream impoundment restoration fund.

456A.33C On-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, §18
Referred to in §456A.30
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.34 - Limit on state’s commitment.

456A.34 Limit 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]
86 Acts, ch 1245, §1844, 1845
C93, §456A.34
Referred to in §456A.30
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456A - REGULATION AND FUNDING — NATURAL RESOURCES DEPARTMENT › Section 456A.35 - Applications not limited.

456A.35 Applications 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.35
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456B - SPECIAL PROVISIONS — NATURAL RESOURCES DEPARTMENT › Section 456B.1 - Definitions.

456B.1 Definitions.
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.
4. “Protected wetlands” means type 3, type 4, and type 5 wetlands as described in circular 39, “Wetlands of the United States”, 1971 Edition, published by the United States department of the interior. However, a protected wetland does not include land where an agricultural drainage well has been plugged causing a temporary wetland or land within a drainage district or levee district.
5. “Wetlands” means an area of two or more acres in a natural condition that is mostly under water or waterlogged during the spring growing season and is characterized by vegetation of hydric soils.
86 Acts, ch 1245, §1846
C87, §108.1
90 Acts, ch 1199, §1
C93, §456B.1
Referred to in §427.1(23)(a), 459.102
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456B - SPECIAL PROVISIONS — NATURAL RESOURCES DEPARTMENT › Section 456B.7 - Stream control on private lands.

456B.7 Stream control on private lands.
1. Upon receiving consent in writing from the landowner, the department may enter upon private lands containing waters and streams draining into state-owned lakes and streams, for any or all of the following purposes:
a. Deepening.
b. Filling.
c. Widening.
d. Contracting.
e. Improving and protecting banks.
f. Constructing spillways and discharge structures.
g. Controlling erosion on tributary land.
h. Providing structures or other works conducive to the regulation of stream flow.
2. Any action taken by the commission under this section is subject to the approval of the environmental protection commission.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §108.7; 82 Acts, ch 1199, §53, 96]
86 Acts, ch 1245, §1847
C93, §456B.7
2011 Acts, ch 25, §143
Referred to in §456B.8
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456B - SPECIAL PROVISIONS — NATURAL RESOURCES DEPARTMENT › Section 456B.8 - Jurisdiction — public access.

456B.8 Jurisdiction — public access.
Any such agreement with any landowner shall give the commission jurisdiction of such land, waters, and streams to accomplish the purposes set out in said agreement and in case any improvement contemplated by section 456B.7 is for the sole purpose of improving any stream and not mainly for the purpose of preventing silting in a state-owned lake, then said agreement with the landowner shall include an easement of public access to said stream where improved and along the banks thereof.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §108.8]
C93, §456B.8
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456B - SPECIAL PROVISIONS — NATURAL RESOURCES DEPARTMENT › Section 456B.9 - Accreted land.

456B.9 Accreted land.
Any land created, by any such improvement, in areas now under the jurisdiction of the state will remain under such jurisdiction until otherwise disposed of.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §108.9]
C93, §456B.9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456B - SPECIAL PROVISIONS — NATURAL RESOURCES DEPARTMENT › Section 456B.10 - Artificial lakes — soil conservation.

456B.10 Artificial lakes — soil conservation.
In the construction of artificial lakes on intermittent streams, for which funds are appropriated by the general assembly, the commission shall not proceed with actual construction work unless and until soil conservation practices are in effect on at least seventy-five percent of the land comprising the watershed of the proposed impoundment, or a willingness to carry on such practices has been shown by the owners or operators of seventy-five percent of the land by signing of a soil conservation farm plan and cooperative agreements with the local soil and water conservation district governing body.
[C35, §1703-g28; C39, §1703.58; C46, 50, 54, §108.5; C58, 62, 66, 71, 73, 75, 77, 79, 81, §108.10]
86 Acts, ch 1245, §1854; 87 Acts, ch 23, §3
C93, §456B.10
2012 Acts, ch 1023, §157