HF 580 (LSB 2229HH (3) 91)

HOUSE FILE 580

BY  GEARHART

A BILL FOR

An Act relating to selective harvesting of timber on public lands, providing penalties, making appropriations, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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