455A.5 - NATURAL RESOURCE COMMISSION -- APPOINTMENT AND DUTIES.

        455A.5  NATURAL RESOURCE COMMISSION -- APPOINTMENT AND      DUTIES.         1.  A natural resource commission is created, which consists of      seven members appointed by the governor for staggered terms of six      years beginning and ending as provided in section 69.19.  The      appointees are subject to senate confirmation.  The members shall be      citizens of the state who have a substantial knowledge of the      subjects embraced by chapter 456A.  The appointments shall be based      upon the training, experience, and capacity of the appointees, and      not based upon political considerations, other than as provided in      section 69.16.  A member of the commission shall not hold any other      state or federal office.         2.  A vacancy on the commission shall be filled for the unexpired      term in the same manner as the original appointment was made.         3.  The members of the commission shall be reimbursed for actual      and necessary travel and related expenses incurred in the discharge      of official duties.  Each member of the commission may also be      eligible to receive compensation as provided in section 7E.6.         4.  The commission shall hold an organizational meeting within      thirty days of the beginning of a new regular term for one or more of      its members.  The commission shall organize by electing a      chairperson, vice chairperson, secretary, and any other officers      deemed necessary or desirable.  The commission shall meet at least      quarterly throughout the year.         5.  A majority of the members of the commission is a quorum, and a      majority of a quorum may act in any matter within the jurisdiction of      the commission, unless a more restrictive rule is adopted by the      commission.         6.  Except as otherwise provided by law, the commission shall:         a.  Establish policy and adopt rules, pursuant to chapter 17A,      necessary to provide for the effective administration of chapter      321G, 321I, 456A, 456B, 457A, 461A, 462A, 462B, 464A, 465C, 481A,      481B, 483A, 484A, or 484B.         b.  Hear appeals in contested cases pursuant to chapter 17A on      matters relating to actions taken by the director under chapter 321G,      321I, 456A, 456B, 457A, 461A, 462A, 462B, 464A, 465C, 481A, 481B,      483A, 484A, or 484B.         c.  Approve or disapprove proposals for the acquisition or      disposal of state lands and waters relating to state parks,      recreational facilities, and wildlife programs, submitted by the      director.         d.  Approve the budget request prepared by the director for      the programs authorized by chapters 321G, 321I, 456A, 456B, 457A,      461A, 462A, 462B, 464A, 481A, 481B, 483A, 484A, and 484B.  The      commission may increase, decrease, or strike any item within the      department budget request for the specified programs before granting      approval.         e.  Adopt, by rule, a schedule of fees for permits, including      conditional permits, and a schedule of fees for administration of the      permits.  The fees shall be collected by the department and used to      offset costs incurred in administrating a program for which the      issuance of the permit is made or under which enforcement is carried      out.  In determining the fee schedule, the commission shall consider      all of the following:         (1)  The reasonable costs associated with reviewing applications,      issuing permits, and monitoring compliance with the terms of issued      permits.         (2)  The relative benefits to the applicant and to the public of a      permit review, permit issuance, and monitoring compliance with the      terms of the permit.         (3)  The typical costs associated with a type of project or      activity for which a permit is required.  However, a fee shall not      exceed the actual costs incurred by the department.         f.  Approve or disapprove proposals involving the dredging or      renovation of lakes; the acquisition, development, and maintenance of      boating facilities; and the acquisition, development, and maintenance      of recreational facilities associated with recreational boating.  
         Section History: Recent Form
         86 Acts, ch 1245, § 1805; 89 Acts, ch 72, § 1; 91 Acts, ch 268, §      230; 92 Acts, ch 1160, § 23; 92 Acts, ch 1239, § 42; 2004 Acts, ch      1132, §90         Referred to in § 455A.1         Confirmation, see § 2.32