Senate File 516 - Reprinted SENATE FILE 516 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SSB 1198) (As Amended and Passed by the Senate March 14, 2023 ) A BILL FOR An Act relating to the management of open space properties and 1 recreational trails. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 SF 516 (3) 90 js/rn/mb
S.F. 516 Section 1. Section 465A.2, Code 2023, is amended by striking 1 the section and inserting in lieu thereof the following: 2 465A.2 Open space maintenance, protection, and acquisition 3 agency duties. 4 1. For purposes of this chapter, unless the context 5 otherwise requires: 6 a. Department means the department of natural resources. 7 b. Open space property includes lakes, streams, wetlands, 8 forests, prairies, preserves, hatcheries, wildlife areas, 9 parks, grazing land, and tillable land. 10 2. The department shall prepare and conduct new education 11 and awareness programs designed to create greater public 12 understanding of the needs, issues, and opportunities for 13 protecting the states significant open spaces. The department 14 shall incorporate the recommendations of other state agencies 15 and private sector organizations that have interests in open 16 space protection. The department may enter into contracts 17 with other agencies and the private sector in preparing and 18 conducting these programs. 19 3. The department shall prepare a statewide, long-range 20 plan that shall prioritize the maintenance and protection 21 of significant open space property throughout the state. 22 The plan shall also include the departments criteria for 23 identifying high-priority open space properties for potential 24 acquisition, but shall require the department to first consider 25 and prioritize available partnership programs with private 26 landowners as an alternative to acquiring new property. The 27 department shall review the plan every five years and amend 28 the plan as necessary. The department of transportation, the 29 department of economic development, private organizations, 30 county conservation boards, city park and recreation agencies, 31 and federal agencies with lands in the state shall be directly 32 involved in preparing and reviewing the plan. The plan shall 33 include but is not limited to the following elements: 34 a. Specific maintenance, protection, and acquisition needs 35 -1- SF 516 (3) 90 js/rn/mb 1/ 5
S.F. 516 and priorities for open space areas based on the following 1 sequence of priorities: 2 (1) National. 3 (2) Regional. 4 (3) Statewide. 5 (4) Local. 6 b. Identification of open space maintenance, protection, 7 and acquisition techniques available or needed to carry out the 8 plan. 9 c. Additional education and awareness programs that are 10 needed to encourage the maintenance and protection of areas 11 identified in the plan. 12 d. Management needs including maintenance, rehabilitation, 13 and improvements. 14 e. Funding levels needed to maintain and protect open space 15 property and the funding levels that may be necessary for the 16 acquisition of open space property. 17 f. Recommendations as to how federal programs can be 18 modified or developed to assist the state in maintaining, 19 protecting, and potentially acquiring open space property. 20 4. The department shall maintain and protect, and may 21 acquire, open space property as identified by priority in 22 the plan as funding is made available for this purpose. In 23 maintaining, protecting, and acquiring open space property, the 24 department shall: 25 a. Accept applications for funding assistance from federal 26 agencies, other state agencies, regional organizations, county 27 conservation boards, city park and recreation agencies, and 28 private organizations with an interest in open space property. 29 b. Obtain the maximum efficiency of funds appropriated for 30 maintaining, protecting, and acquiring open space property 31 through the use of maintenance, protection, and acquisition 32 techniques that provide the degree of protection required at 33 the lowest cost. 34 c. Encourage the provision of supporting or matching funds, 35 -2- SF 516 (3) 90 js/rn/mb 2/ 5
S.F. 516 but the absence of these funds shall not prevent the approval 1 of those projects of clear national importance. 2 5. The department may enter into contracts with private 3 consultants for preparing all or part of the plan required 4 under subsection 3. The plan shall be submitted to the general 5 assembly by July 1, 2024. Prior to submission of the plan to 6 the general assembly, the department shall request comments on 7 the proposed plan from state and federal agencies and private 8 organizations with interests in open space protection. The 9 comments shall be submitted to the general assembly with the 10 plan. 11 Sec. 2. Section 465A.3, subsection 2, Code 2023, is amended 12 to read as follows: 13 2. The department may enter into agreements with other 14 state agencies, political subdivisions of the state, and 15 private organizations for the purposes of carrying out this 16 natural open space program or specific elements of the program 17 maintaining, protecting, and acquiring open space property . 18 Sec. 3. Section 465B.2, Code 2023, is amended by striking 19 the section and inserting in lieu thereof the following: 20 465B.2 Trail development department duties. 21 1. The state department of transportation shall undertake 22 the following actions to develop recreational trails in this 23 state: 24 a. Prepare a long-range plan for the development, promotion, 25 management, and acquisition of recreational trails throughout 26 the state. The plan shall identify needs and opportunities 27 for recreational trails of different kinds having national, 28 statewide, regional, and multicounty importance. The 29 department of transportation shall review the plan every five 30 years and amend the plan as necessary. Recommendations in the 31 plan shall include but not be limited to: 32 (1) Specific acquisition needs and opportunities for 33 different types of trails with emphasis on connecting existing 34 trails. 35 -3- SF 516 (3) 90 js/rn/mb 3/ 5
S.F. 516 (2) Development needs including trail surfacing, restrooms, 1 shelters, parking, and other needed facilities. 2 (3) Promotional programs that will encourage Iowans and 3 state visitors to increase use of trails. 4 (4) Management activities including maintenance, 5 enforcement of rules, and replacement needs. 6 (5) Funding levels needed to accomplish the statewide 7 trails objectives. 8 (6) Ways in which trails can be more fully integrated with 9 parks, cultural sites, and natural resource sites. 10 b. Include, within the plan, recommendations for standards 11 for establishing functional classifications for all types 12 of recreational trails, including a system for determining 13 jurisdictional control over trails. Levels of jurisdiction 14 may be vested in the state, counties, cities, and private 15 organizations. 16 2. a. The state department of transportation may 17 enter into contracts for the preparation of the trails 18 plan. The department of transportation shall involve the 19 department of natural resources and the Iowa department of 20 economic development in the preparation of the plan. The 21 recommendations and comments of organizations representing 22 different types of trail users and others with interests 23 in recreational trails shall also be incorporated in the 24 preparation of the trails plan and shall be submitted with the 25 plan to the general assembly. The plan shall be submitted to 26 the general assembly no later than January 15, 2024. 27 b. The department of transportation shall give priority 28 to funding maintenance projects and the development of trail 29 portions that will complete segments of existing trails, which 30 may include acquisition after the department first considers 31 and prioritizes available partnership programs with private 32 landowners as an alternative to acquiring new property. The 33 department shall only consider and approve proposals for the 34 establishment or expansion of a recreational trail when the 35 -4- SF 516 (3) 90 js/rn/mb 4/ 5
S.F. 516 entity sponsoring the establishment or expansion project 1 demonstrates to the department how the trail will be maintained 2 using federal, local, or private revenue sources. When 3 acquiring trail routes, the department of transportation shall 4 give preference to the acquisition of trail routes that use 5 existing or abandoned railroad rights-of-way, river valleys, 6 and natural greenbelts. Multiple recreational uses of routes 7 for trails, other forms of transportation, utilities, and other 8 uses compatible with trails shall be given priority. 9 c. The department of transportation may acquire property by 10 negotiated purchase and hold title to property for development 11 of trails. The department of transportation may enter into 12 agreements with other state agencies, political subdivisions 13 of the state, and private organizations for the planning, 14 development, promotion, management, operations, maintenance, 15 and potential acquisition of recreational trails. 16 3. The department of transportation may adopt rules under 17 chapter 17A to carry out a trails program. 18 Sec. 4. REPEAL. Sections 465A.1 and 465B.1, Code 2023, are 19 repealed. 20 -5- SF 516 (3) 90 js/rn/mb 5/ 5