House File 580 - Introduced HOUSE FILE 580 BY GEARHART A BILL FOR An Act relating to selective harvesting of timber on public 1 lands, providing penalties, making appropriations, and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2229HH (3) 91 sb/js
H.F. 580 Section 1. NEW SECTION . 456A.36A Harvesting public lands. 1 1. The purpose of this section is to authorize the selective 2 harvesting of mature timber and other trees in public land 3 by private logging companies to generate revenue for the 4 maintenance and improvement of state parks, while ensuring 5 environmental sustainability and public benefit. 6 2. For purposes of this section: 7 a. “Mature timber” means trees that have reached their full 8 growth potential. 9 b. “Private logging company” means a business or entity 10 licensed to perform timber harvesting and logging operations 11 under state law. 12 c. “Public land” means land owned by the state, or a 13 political subdivision of the state, under the jurisdiction of 14 the department and includes state parks. 15 d. “Selective harvesting” means the carefully planned and 16 controlled removal of specific trees, including mature timber, 17 to improve forest health, remove hazardous trees, or manage 18 invasive species, while maintaining the land’s ecological 19 integrity. 20 e. “State park” means a public park established pursuant to 21 section 461A.3. 22 3. a. A private logging company may submit a proposal 23 to the department to engage in selective harvesting, which 24 proposal must include all of the following: 25 (1) A detailed assessment of the forest area identifying 26 specific trees, including mature timber, to be harvested. 27 (2) A plan for minimizing environmental impact during and 28 after harvesting. 29 (3) A commitment to reforestation or natural regeneration 30 of the forest. 31 (4) A proposed timeline and compensation structure for the 32 work. 33 b. The department shall decide whether to approve the 34 proposal in a timely manner. When considering whether to 35 -1- LSB 2229HH (3) 91 sb/js 1/ 6
H.F. 580 approve the proposal, the department shall consider the 1 proposal’s adherence to state regulations, environmental 2 protection standards, and park-specific management goals. The 3 department shall not approve a proposal unless the department 4 determines at least one of the following applies to the trees 5 identified in the proposal: 6 (1) Forest health would benefit from the removal of the 7 specific mature trees. 8 (2) The trees pose a risk to public safety, such as dead or 9 dying trees near trails or campsites. 10 (3) Removal of invasive species or nonnative trees is 11 necessary to preserve native ecosystems. 12 c. If the department approves the plan, a permit shall be 13 issued to the private logging company for a reasonable fee 14 based on the amount of selective harvesting permitted and shall 15 include any specific conditions related to the harvest. 16 d. A public comment period of at least thirty days must 17 be held before the department issues a decision pursuant to 18 paragraph “b” . 19 4. a. All moneys generated under subsection 3 from 20 harvesting in a state park shall be deposited into the 21 department for deposit in the state park logging account 22 created under section 461.39 and shall be used for purposes of 23 that section. 24 b. All moneys generated under subsection 3 from harvesting 25 on public land other than a state park shall be deposited into 26 the natural resource account created under section 461.32 and 27 shall be used for the purposes of that section. 28 5. a. Harvesting activities shall use best practices to 29 protect soil, water quality, and wildlife habitats. 30 b. For every tree harvested, including mature timber, the 31 department must ensure the natural regeneration of a native 32 tree species or plant new native trees on the public land. 33 c. The department shall implement a long-term sustainable 34 forest management plan to maintain healthy ecosystems and 35 -2- LSB 2229HH (3) 91 sb/js 2/ 6
H.F. 580 prevent overharvesting. 1 6. a. The department shall submit an annual report to the 2 general assembly by December 31 covering the previous fiscal 3 year and detailing all of the following: 4 (1) The amount and type of timber harvested, including 5 mature timber, at each harvesting site. 6 (2) Moneys generated and how the moneys were allocated and 7 used. 8 (3) Environmental impact assessments and the success of 9 reforestation or regeneration efforts. 10 b. All harvesting plans, financial reports, and 11 environmental assessments shall be publicly available on the 12 department’s internet site. 13 7. a. The director may issue any order necessary to secure 14 compliance with or prevent a violation of the provisions of 15 this chapter or any rule adopted or permit or order issued 16 pursuant to this chapter. The person to whom such compliance 17 order is issued may cause to be commenced a contested case 18 within the meaning of chapter 17A by filing within thirty 19 days a notice of appeal to the commission. On appeal, the 20 commission may affirm, modify, or vacate the order of the 21 director. 22 b. Judicial review of any order or other action of the 23 commission or director may be sought in accordance with the 24 terms of chapter 17A. Notwithstanding the terms of chapter 25 17A, petitions for judicial review may be filed in the district 26 court of the county in which the alleged offense was committed. 27 c. The attorney general, on request of the department, shall 28 institute any legal proceedings necessary to obtain compliance 29 with an order of the commission or the director, including 30 proceedings for a temporary injunction, or prosecuting any 31 person for a violation of an order of the commission or the 32 director, the provisions of this chapter, or any rules adopted 33 or permit or order issued pursuant to this chapter. 34 d. Any person who violates any order issued pursuant to this 35 -3- LSB 2229HH (3) 91 sb/js 3/ 6
H.F. 580 subsection shall be subject to a civil penalty not to exceed 1 two thousand dollars for each day of such violation. 2 Sec. 2. Section 461.32, subsection 1, Code 2025, is amended 3 to read as follows: 4 1. A natural resources account is created in the trust fund. 5 Twenty-three In addition to any moneys deposited in the account 6 pursuant to section 456.36A, twenty-three percent of the moneys 7 credited to the trust fund shall be allocated to the account. 8 Sec. 3. NEW SECTION . 461.39 State park logging account. 9 1. A state park logging account is created in the trust 10 fund that shall consist of moneys deposited pursuant to section 11 456A.36A. 12 2. Moneys in the account are appropriated to the department 13 of natural resources in order to carry out all of the following 14 purposes at the specific state park from which the moneys were 15 generated: 16 a. Park maintenance and repairs, including of infrastructure 17 such as trails, campsites, and restroom facilities. 18 b. Educational programs, public outreach, and park 19 improvements. 20 c. Environmental monitoring and long-term forest management 21 plans. 22 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 23 importance, takes effect upon enactment. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to selective harvesting of timber on 28 public lands. 29 The stated purpose of the bill is to authorize the selective 30 harvesting of mature timber and other trees in public land 31 by private logging companies to generate revenue for the 32 maintenance and improvement of state parks, while ensuring 33 environmental sustainability and public benefit. 34 The bill allows a private logging company to submit a 35 -4- LSB 2229HH (3) 91 sb/js 4/ 6
H.F. 580 proposal to the department of natural resources (DNR) to 1 engage in selective harvesting on public lands and provides 2 requirements for the proposal. The bill directs DNR to approve 3 or deny the proposal by considering the proposal’s adherence 4 to state regulations, environmental protection standards, and 5 park-specific management goals. The bill prohibits DNR from 6 approving the proposal unless DNR determines the selective 7 harvesting will benefit the forest health from the removal of 8 specific mature trees, will remove risks to public safety, or 9 is necessary to preserve the native ecosystem. 10 If DNR approves the proposal, the bill directs DNR to issue 11 a permit to the private logging company for a reasonable 12 fee based on the amount of selective harvesting permitted. 13 Additionally, the permit must include any specific conditions 14 related to the harvest. Before approval of the proposal, the 15 bill requires a public comment period of at least 30 days. 16 The bill directs any moneys generated from harvesting in a 17 state park to be deposited into the state park logging account 18 created in the bill to be used for enumerated purposes at the 19 specific park from which the moneys were generated. The bill 20 directs all moneys generated under the bill from harvesting on 21 public land other than a state park to be deposited into the 22 natural resources account created under Code section 461.32 23 and to be used for the purposes of that Code section, which 24 include the establishment, restoration, or enhancement of state 25 parks, state preserves, state forests, wildlife areas, wildlife 26 habitats, native prairies, and wetlands, wildlife diversity, 27 recreational purposes, technical assistance and financial 28 incentives to private landowners to promote the management of 29 forests, fisheries, wetlands, and wildlife, and the improvement 30 of water trails, rivers, and streams. 31 The bill requires harvesting activities to use best 32 practices to protect soil, water quality, and wildlife habitats 33 and directs DNR, for every tree harvested, to ensure the 34 natural regeneration of a native tree species or plant new 35 -5- LSB 2229HH (3) 91 sb/js 5/ 6
H.F. 580 native trees within the public land. 1 The bill requires DNR to implement a long-term sustainable 2 forest management plan to maintain healthy ecosystems and 3 prevent overharvesting, and to submit an annual report to 4 the general assembly that provides details on harvesting 5 activities, revenue, and environmental impacts resulting from 6 the bill. 7 The bill requires DNR to make all harvesting plans, 8 financial reports, and environmental assessments publicly 9 available on DNR’s internet site. 10 The bill provides enforcement mechanisms for any violations 11 of the bill. 12 The bill makes conforming changes to Code section 461.32 to 13 implement revenue allocations in the bill. 14 The bill takes effect upon enactment. 15 -6- LSB 2229HH (3) 91 sb/js 6/ 6