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
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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
state’s
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
department’s
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
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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,
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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
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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
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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
explanation’s
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.
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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.
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