463A.1 Compact with other states.

The upper Mississippi riverway compact is hereby enacted into law and entered into with all other states which legally join therein in substantially the following form:

UPPER MISSISSIPPI RIVERWAY COMPACT ARTICLE I--FINDINGS

The party states find that:

a. Increasing population pressures have already begun to make the need for open space an urgent concern, and to make it inevitable that the balanced development and preservation of a comfortable environment to meet present and future requirements for healthful recreation can be secured only through systematic and co-ordinated action.

b. The boundary character of the upper Mississippi river emphasizes the regional character of many present and potential resources.

c. Despite the continuing usefulness of informal co-operation among agencies of the several states and local governments, the size of the upper Mississippi region, the complexity of its economic and social development, and the resource needs of its people require a formal instrument for joint and co-operative action in the development and maintenance of a sound and attractive upper Mississippi region.

ARTICLE II--PURPOSE AND POLICY

a. It is the purpose of this compact to:a. It is the purpose of this compact to:

1. Secure the mutual advantages and benefits that can accrue to the people of the party states from the preservation, use and development of the unique scenery, recreational opportunities, fisheries, wildlife, water resources, historic sites and other natural assets along the upper Mississippi river.

2. Develop and maintain means for continuing co-operation among the party states: (a) In obtaining, protecting, administering and preserving natural and recreational resources, (b) and in planning for the orderly development of commerce, industry, agriculture, and local governmental institutions and units.

3. Encourage the establishment and maintenance of natural and cultivated areas of greenery and other areas of open space throughout the upper Mississippi region in order to serve the aesthetic and recreational needs of the public.

b. It is the policy of the party states and of this compact to pursue the purposes set forth in paragraph "a" of this article in such ways as to:

1. Foster and take maximum advantage of public and private interest in the upper Mississippi region in a manner that will harmonize the needs of agricultural, industrial and other economic progress with the development, preservation and maintenance of an attractive and comfortable environment.

2. Hold in highest trust for the benefit of the public the special blessings and natural advantages of the upper Mississippi area.

ARTICLE III--UPPER MISSISSIPPI RIVERWAY DISTRICT

a. The upper Mississippi riverway district, hereinafter called "the district", is hereby established. The district shall consist of the following land and water areas:

1. The Mississippi river, including any islands, sandbars, and marshy areas therein or formed thereby, from lock and dam number 2 near Hastings, Minnesota to lock and dam number 19 at the southern boundary of Iowa in the vicinity of Keokuk, Iowa and Hamilton, Illinois.

2. The area lying on either side of the shores of the portion of the Mississippi river described in item 1 hereof, to a distance of one mile from such shores, except that pursuant to procedures detailed in this article, the distances from the shores may be varied in order to include land and water areas appropriate to the purposes of this compact.

b. The upper Mississippi riverway commission established by this compact shall prepare, adopt, and from time to time revise a map of the district. Prior to the initial adoption of the map, the commission shall give due public notice of the proposed adoption, and shall hold at least one public hearing thereon in each of the party states. Prior to any revision of the map, the commission shall hold, on due public notice, at least one hearing in each of the states where a proposed change would alter the boundaries of the district.

c. Upon the request of a party state or states, the commission, after satisfaction of the requirements of paragraph "b" of this article, may revise the map of the district to include additional land and water areas contiguous to the district. If the commission believes that any such addition would further the purposes of this compact, it may make recommendations therefor to the appropriate party state or states.

d. The map adopted by the commission pursuant to this article and currently in force shall be conclusive evidence of the area and boundaries of the district.

ARTICLE IV--THE COMMISSION

a. There is hereby established an agency of the party states to be known as the "Upper Mississippi Riverway Commission", hereinafter called "the commission". The commission shall be composed of four commissioners from each party state. One of the commissioners from each party state shall be the administrative head of the state agency having responsibility for the outdoor recreational programs of the state government. If there be more than one such agency, the commissioner shall be designated, in accordance with the laws of that state, from among the relevant agency heads. The other three commissioners from each party state shall be appointed and serve in such manner as the laws of their respective party states may provide. A commissioner who is a state agency head may be represented on the commission by an alternate, if the laws of the commissioner's state so provide. An alternate shall have full power to act for the principal: Provided that the commission, in such manner as its bylaws may provide, has been notified of the designation and identity of the alternate.

b. The commissioners shall be entitled to one vote each on the commission. No action of the commission shall be valid unless taken at a meeting at which a majority of the total number of votes on the commission is cast in favor thereof. Each commissioner and alternate shall receive due notice of commission meetings and of the intended matters for consideration thereat, in accordance with the bylaws of the commission.

c. The commission shall have a seal.

d. The commission may sue and be sued in its own name.

e. The commission shall elect annually from among its members a chairperson, and a vice chairperson who shall be from different states, and a treasurer. The commission shall appoint an executive director and fix the executive director's duties and compensation. Such executive director shall serve at the pleasure of the commission. The executive director, the treasurer, and such other personnel as the commission shall designate shall be bonded. The amount or amounts of such bond or bonds shall be determined by the commission.

f. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, with the approval of the commission, shall appoint, remove, or discharge such personnel as may be necessary for the performance of the commission's functions, and shall fix the duties and compensation of such personnel.

g. The commission may establish and maintain independently or in conjunction with a party state, a suitable retirement system for its employees. Employees of the commission shall be eligible for social security coverage in respect of old-age survivors and disability insurance provided that the commission takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as it may deem appropriate.

h. The commission may accept or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation.

i. The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of land or interests therein, water or interests therein, money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this paragraph or services accepted pursuant to paragraph "h" of this article shall be a matter of public record kept by the commission. Such record shall include the nature, amount and conditions, if any, of the donation, grant or services accepted and the identity of the donor or lender.

j. The commission may establish and maintain such facilities as may be necessary for the transacting of its business.

k. The commission may acquire, hold and convey real and personal property and any interests therein.

l. The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.

In addition to any powers conferred on the commission elsewhere in this compact or pursuant thereto, the commission shall have power to:

a. 1. Acquire, manage, and operate park and other recreational facilities within the district.

2. Regulate the use of its properties by the general public and maintain suitable forces of peace officers to assist therein.

3. Engage in and co-ordinate the planning of park and related recreational facilities and programs within the district.

4. Recommend common park and recreational policies to the party states or their subdivisions with respect to the district and its environs.

5. Develop and recommend measures for the protection of areas in the vicinity of any or all of its properties and any natural, historic, scenic, or recreational areas within, or in the vicinity of the district, which will promote and provide protection for their park and recreational potential and which will prevent the creation or perpetuation of conditions detracting therefrom.

6. Establish and maintain recreational, cultural, and nature study programs relating to or benefiting from location within or use of its facilities and premises.

b. Conduct studies and develop recommendations to the present and future protection, use and development in the public interest of the lands, river valleys and waters in, adjacent to, or affecting the upper Mississippi riverway district or boundary areas between party states; and assist in co-ordinating the studies, conservation efforts and planning undertaken by the several departments, agencies or municipalities of the states party to this compact with respect to such lands, river valleys and waters; and assist in the participation by the states party to this compact in federal programs which relate to the present and future protection, use and development in the public interest of such lands, river valleys and waters; with respect to:

1. Joint regional planning for the development of such areas;

2. Measures for controlling air and water pollution, maintaining water quality, and controlling water use;

3. Programs for control of soil and river bank erosion and the general improvement of the river basins;

4. Diversions of waters to and from the rivers;

5. Other restrictions, regulations or programs the commission may recommend to the party states.

c. The commission shall make recommendations, review and correlate studies of the federal government and other agencies, develop plans and evolve findings and do all things necessary and proper to carry out the powers conferred upon the commission by this compact; provided that no recommendation, plan or finding of the commission except with respect to its own properties shall have the force of law or be binding upon or limit the powers of any party state or its departments, agencies or municipalities.

d. All departments, agencies, and officers of party states and their regional and local planning agencies shall co-operate with the commission and shall give the commission reasonable prior notice of plans and activities affecting the responsibilities of the commission.

e. Hold public hearings with respect to any matter within the purview of this compact.

f. Contract with any public or private persons and entities.

g. Do all things necessary or appropriate and incidental to the implementation of powers conferred upon it by this compact.

ARTICLE VI--TAXATION

The commission and its properties shall not be subject to taxation by any of the party states or their subdivisions. In any case where the commission owns property within a subdivision or local taxing district, which pursuant to the laws of that state is subject to state payment in lieu of taxes, if owned by the state, the state in which such subdivision or local taxing district is situated shall assume such liability, if any, for local taxes.

ARTICLE VII--CO-ORDINATED SERVICES

a. Whenever it appears that two or more parks, sites, recreational or cultural attractions or facilities would be enhanced in their usefulness or interest to the public by the co-ordination of particular services or by the common provision thereof, the commission may provide such services or arrange for their provision on a co-ordinated basis. The services referred to in this paragraph may include, but need not be limited to, the development of recreational or other programs utilizing the advantages and attractions of the parks, sites, recreational or cultural attractions or other facilities concerned in an integrated or sequential manner by tourists or other patrons; the advertising and promotion of enjoyment of regional clusters of facilities and attractions; the development and designation of areas containing two or more facilities or attractions; and the development and operation of facilities such as accommodations for the general public which will add to the accessibility or convenience of enjoyment of the facilities and attractions concerned.

b. The commission may act pursuant to this article either with respect to facilities and attractions which are owned and operated by it; owned and operated by other public or nonprofit bodies, or some of which are owned and operated by the commission and some of which are owned and operated by such other bodies. Whenever the commission provides services wholly or partly for other public or nonprofit bodies, it shall do so only by mutual consent and pursuant to sufficient arrangements for the proper allocation of costs and any other responsibilities involved.

ARTICLE VIII--CHARGES AND CONCESSIONS

a. Consistent with the policy of placing and keeping public recreational facilities within the means of the general public, the commission may open any or all of its properties and facilities to the public without charge or may fix and collect reasonable user charges calculated to reimburse it in whole or in part for the cost of the properties in question and their maintenance.

b. The terms of any concession granted by the commission shall be such as to limit the concessionaire to a just and reasonable profit and to assure the reliable performance and continuance of services appropriate to the park and recreational purposes of this compact.

c. Whenever the commission finds that any of its properties or facilities suitable for use by the public may be appropriately operated by a party state or subdivision thereof it may provide, by lease or contract, for such operation. In any such case, the lease or contract shall contain conditions sufficient to assure the maintenance, management and operation of the property or facilities in a manner consistent with the purposes of this compact and the policies of the commission.

ARTICLE IX--FINANCE

a. The commission shall submit to the governor or designated officer or officers of each party state budgets of estimated expenditures for such periods as may be required by the laws of that party state for presentation to the legislature thereof.

b. The commission shall make its budgets of estimated expenditures and appropriation requests in two parts: One shall be an "operations budget", and the other shall be a "capital outlay budget".

c. Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. Such recommendations and requests for appropriations pursuant to an operations budget shall be apportioned equally among the party states. Capital outlay budgets and requests for appropriations therefor shall be on the basis of specific real properties, projects or facilities to be newly constructed, acquired, enlarged or rehabilitated. The primary principle governing requests for appropriations pursuant to capital outlay budgets shall be that the state in which the property, project or facility is to be located shall supply the major part of any appropriated funds necessary for initial construction, acquisition, enlargement or rehabilitation, but that other party states may be requested to contribute thereto if the location of the property, project or facility is such that the people of such other state will be especially benefited thereby. Upon completion of construction, acquisition, enlargement or rehabilitation, subsequent expenditures for administration of the property, project or facility shall be chargeable to the operations budget.

d. The commission shall not pledge the credit of any party state. The commission may meet any of its obligations in whole or in part with funds available to it under article IV "i" of this compact or otherwise acquired by it: Provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner.

e. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission.

f. The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.

g. Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

ARTICLE X--LAND AND WATER USE

a. The commission shall study means of preserving and developing the scenic values of both public and private property. In this connection, it shall consult with appropriate agencies of the party states and their subdivisions within the district, and may acquire scenic or other easements or make such other agreements as may be suitable for preserving or securing patterns or features of land and water use that will be consistent with the purposes of this compact.

b. The commission may assist the party states and any of their subdivisions in studying or formulating measures for land or water use regulation affecting the district and may make recommendations with respect to particular instances of land or water use practice, restrictions or requirements, or the absence thereof.

c. The commission may develop standards for the regulation of the use of land and water resources, including zoning and subdivision control measures, and may make recommendations to the states and their subdivisions with respect to the implementation and application of such standards. The commission upon request shall be entitled to receive notice of any public hearing held prior to the adoption or revision of a zoning or subdivision control law or ordinance and shall have standing to appear and submit either oral or written testimony with respect thereto. The commission also may comment by any appropriate means on any land or water use matter affecting the district with particular reference to the purposes of this compact and the responsibilities of the commission thereunder.

ARTICLE XI--ADVISORY AND TECHNICAL COMMITTEES

The commission may establish such advisory and technical committees as it may deem necessary, membership on which may include private persons and public officials, and in furthering any of its activities may co-operate with and use the services of any such committees and the organizations which the members represent.

ARTICLE XII--EFFECT ON OTHER LAWS, RIGHTS AND AUTHORITY

Nothing in this compact shall be construed to:

a. Withdraw or limit the jurisdiction of any party state or of the United States over the district or any part thereof.

b. Impair or limit the application of any law or ordinance of a party state or any subdivision thereof to that portion of the district lying within its territory, except as to the necessity for compliance with article X of this compact, and except that the commission shall have power to make and enforce rules and regulations relating to the use of its property and facilities.

c. Make any employee or agent of the commission an employee or agent of any party state or subdivision thereof, or make any entity other than the commission legally responsible for the acts or omissions of the commission, its employees and agents.

ARTICLE XIII--ENTRY INTO FORCE AND WITHDRAWAL

a. This compact shall enter into force when enacted into law by any three of the states of Illinois, Iowa, Minnesota and Wisconsin. Thereafter it shall become effective as to any other named state upon enactment by it into law.

b. The state of Missouri may become a party to the compact by enacting the same into law. In such event the district may be expanded to include such territory within the state of Missouri and such additional territory within the state of Illinois as may be mutually agreeable to the party states and commission.

c. A party state may withdraw from this compact by enacting a statute repealing the same. Any such withdrawal shall take effect five years after the governor of the withdrawing state shall have notified the governors of all other party states in writing of the withdrawal.

d. Upon receipt of a notice of withdrawal, the remaining party states shall determine whether they desire to continue the compact in force among themselves. If they decide to terminate the compact, they shall by timely negotiation and action provide for the winding up of the affairs of the commission and the disposition of its properties.

e. Any state which withdraws from the compact prior to termination thereof as among all the party states shall acquire all real property of the commission situated within its territory by payment to the commission of the fair value thereof at the time when the withdrawal takes effect, less its allocation during the life of the commission for the acquisition of real property.

ARTICLE XIV--CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the Constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

463A.2 Membership of commission.

The director of the department of natural resources is a permanent member from Iowa of the upper Mississippi riverway commission and may designate an alternate in accordance with article IV "a" of the compact. The governor shall appoint the three remaining members of the commission from Iowa. The members may also be members of another board or commission established by law. The appointment of the remaining three members is subject to confirmation by the senate. The members so appointed shall serve for staggered periods of four years, beginning and ending as provided in section 69.19. Commission members from this state shall be reimbursed, upon certification by the director of revenue and finance, for the actual and necessary expenses incurred by them in the discharge of their duties.

463A.3 Agreements with state agencies.

The commission may enter into an agreement with any agency of this state for the inclusion of commission employees in any program of retirement, health, medical, or other benefits for public employees. The employees of the commission shall be placed in the same position regarding obligations, benefits, and eligibility as employees of this state, and the commission shall have responsibility for such employer contributions as may be borne by this state on behalf of its employees who participate in the program.

463A.4 Payments in lieu of taxes.

The state shall make payments in lieu of taxes to compensate for the loss of tax revenues occasioned by the fact that property is owned by the upper Mississippi riverway commission, and thereby exempt from taxation by subdivisions of this state.

463A.5 No conflict of local functions.

Anything in this chapter to the contrary notwithstanding, none of the functions, powers, duties and discretions of the upper Mississippi riverway district or the upper Mississippi riverway commission shall supersede or limit the functions, powers, duties and discretions of counties, townships, school districts, cities, levee districts, drainage districts, levee and drainage districts, or any other governmental subdivision or of their governing officials.

463A.6 When effective.

Sections 463A.2 and the biennial appropriation shall not be effective until at least two other states enact laws or legislation pursuant to such state's Constitution that will allow such state to become a member state to the upper Mississippi river compact. Nothing contained in such compact shall be construed to pledge the general assembly of the state of Iowa to appropriate to the commission any specific funds or money even though such funds or money is requested by the commission pursuant to article IX of the compact; nor shall anything therein contained be construed to or actually effect any transfer of the state of Iowa's rights, title, and interest in and to any of the lands and water within the boundaries of the upper Mississippi riverway district. The upper Mississippi riverway commission and the Iowa members thereof shall not be an agency, board or commission of the state of Iowa; the acts of the commission shall be the acts, only, of the commission and not the state of Iowa. The employees of such commission shall not be employees of the state of Iowa.