Senate Study Bill 1198 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT BILL BY CHAIRPERSON SWEENEY) 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 TLSB 2509XC (9) 90 js/rn
S.F. _____ 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- LSB 2509XC (9) 90 js/rn 1/ 6
S.F. _____ 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- LSB 2509XC (9) 90 js/rn 2/ 6
S.F. _____ 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 6. The department may initiate pilot maintenance, 12 protection, and acquisition projects prior to completion of the 13 plan developed pursuant to this section if the pilot projects 14 have high national significance as identified in subsection 3. 15 Sec. 2. Section 465A.3, subsection 2, Code 2023, is amended 16 to read as follows: 17 2. The department may enter into agreements with other 18 state agencies, political subdivisions of the state, and 19 private organizations for the purposes of carrying out this 20 natural open space program or specific elements of the program 21 maintaining, protecting, and acquiring open space property . 22 Sec. 3. Section 465B.2, Code 2023, is amended by striking 23 the section and inserting in lieu thereof the following: 24 465B.2 Trail development department duties. 25 1. The state department of transportation shall undertake 26 the following actions to develop recreational trails in this 27 state: 28 a. Prepare a long-range plan for the development, promotion, 29 management, and acquisition of recreational trails throughout 30 the state. The plan shall identify needs and opportunities 31 for recreational trails of different kinds having national, 32 statewide, regional, and multicounty importance. The 33 department of transportation shall review the plan every five 34 years and amend the plan as necessary. Recommendations in the 35 -3- LSB 2509XC (9) 90 js/rn 3/ 6
S.F. _____ plan shall include but not be limited to: 1 (1) Specific acquisition needs and opportunities for 2 different types of trails with emphasis on connecting existing 3 trails. 4 (2) Development needs including trail surfacing, restrooms, 5 shelters, parking, and other needed facilities. 6 (3) Promotional programs that will encourage Iowans and 7 state visitors to increase use of trails. 8 (4) Management activities including maintenance, 9 enforcement of rules, and replacement needs. 10 (5) Funding levels needed to accomplish the statewide 11 trails objectives. 12 (6) Ways in which trails can be more fully integrated with 13 parks, cultural sites, and natural resource sites. 14 b. Include, within the plan, recommendations for standards 15 for establishing functional classifications for all types 16 of recreational trails, including a system for determining 17 jurisdictional control over trails. Levels of jurisdiction 18 may be vested in the state, counties, cities, and private 19 organizations. 20 2. a. The state department of transportation may 21 enter into contracts for the preparation of the trails 22 plan. The department of transportation shall involve the 23 department of natural resources and the Iowa department of 24 economic development in the preparation of the plan. The 25 recommendations and comments of organizations representing 26 different types of trail users and others with interests 27 in recreational trails shall also be incorporated in the 28 preparation of the trails plan and shall be submitted with the 29 plan to the general assembly. The plan shall be submitted to 30 the general assembly no later than January 15, 2024. Existing 31 trail projects involving development or acquisition may receive 32 funding prior to the completion of the trails plan. 33 b. The department of transportation shall give priority 34 to funding maintenance projects and the development of trail 35 -4- LSB 2509XC (9) 90 js/rn 4/ 6
S.F. _____ portions that will complete segments of existing trails, which 1 may include acquisition after the department first considers 2 and prioritizes available partnership programs with private 3 landowners as an alternative to acquiring new property. The 4 department shall only consider and approve proposals for the 5 establishment or expansion of a recreational trail when the 6 entity sponsoring the establishment or expansion project 7 demonstrates to the department how the trail will be maintained 8 using federal, local, or private revenue sources. When 9 acquiring trail routes, the department of transportation shall 10 give preference to the acquisition of trail routes that use 11 existing or abandoned railroad rights-of-way, river valleys, 12 and natural greenbelts. Multiple recreational uses of routes 13 for trails, other forms of transportation, utilities, and other 14 uses compatible with trails shall be given priority. 15 c. The department of transportation may acquire property by 16 negotiated purchase and hold title to property for development 17 of trails. The department of transportation may enter into 18 agreements with other state agencies, political subdivisions 19 of the state, and private organizations for the planning, 20 development, promotion, management, operations, maintenance, 21 and potential acquisition of recreational trails. 22 3. The department of transportation may adopt rules under 23 chapter 17A to carry out a trails program. 24 Sec. 4. REPEAL. Sections 465A.1 and 465B.1, Code 2023, are 25 repealed. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanations substance by the members of the general assembly. 29 This bill relates to the management of open space properties 30 and recreational trails. Current law establishes programs 31 to acquire and protect open space properties and acquire and 32 develop recreational trails with specified acquisition targets 33 for each program. The bill repeals those programs and the 34 respective statements of purpose. 35 -5- LSB 2509XC (9) 90 js/rn 5/ 6
S.F. _____ Current law requires the department of natural resources 1 (DNR) to develop a long-term plan for the acquisition and 2 protection of significant open space lands throughout the 3 state. The plan was to be submitted to the general assembly 4 by July 1, 1988. The bill replaces that requirement with a 5 requirement to submit to the general assembly a new long-term 6 plan for the maintenance, protection, and acquisition of 7 significant open space property throughout the state by July 8 1, 2024. DNR shall review the plan every five years and amend 9 the plan as necessary. 10 Current law requires the state department of transportation 11 (DOT) to prepare a long-range plan for the acquisition, 12 development, promotion, and management of recreational trails 13 throughout the state. The plan was to be submitted to the 14 general assembly by January 15, 1988. The bill replaces 15 that requirement with a requirement to submit to the general 16 assembly a new long-range plan for the development, promotion, 17 management, and acquisition of recreational trails throughout 18 the state by January 15, 2024. DOT shall review the plan every 19 five years and amend the plan as necessary. 20 -6- LSB 2509XC (9) 90 js/rn 6/ 6