Bill in Legislature attacks Public Lands by Rick Hollis
There is another dumb, anti conservation bill in the Iowa Legislature. I invite you to read this post and and contact your elected people in Des Moines
New Bill Launches Direct Attack on Public Land
HF 542 – Introduced 2/27/19
Section 1. – Conservation Tax Credit
Strikes committee review of the charitable contribution tax credit expenditures and incentives. Completed in 2015.
Section 2. –Inventory Report
Requires inventory of real and personal property owned by the state or under its control/management to be published online, updated at least every 2 years.
Inventory shall include: specific location, size, current use, and amount of property taxes or payments in lieu of property taxes paid to local governments.
Section 3. –Blufflands Loan Program
No SRF Blufflands loans can be made after July 1, 2019. Repeals program July 1, 2024.
Section 4. –Blufflands- Loan Program
Outstanding SRF Bluffland loans must be repaid by July 1, 2019. Monies repaid will be credited to RIIF.
Section 5. —CCBs
Changes purpose of the code and takes away authority of CCBs to acquire property. Replaces “acquire” with “preserve.” CCBs are only authorized to preserve, maintain, and make available… “currently owned” public museums, parks, preserves, etc.
Section 6. –CCBs
Adjusts code language to be consistent with other changes to the law. CCB “shall have custody, control, and management of all real and personal property heretofore or hereafter acquired by the county” for public museums, parks, etc.
Section 7. –CCBs
Takes away county’s ability to acquire real property by purchase, lease, or agreement. CCBs can still acquire property by gift or exchange. Property acquired by CCB must be within territorial limits of the county—previous language allowed CCBs to acquire land out of territorial limits.
CCB can only accept donated land if donor also contributes money to cover estimated cost of maintaining the land for 10 years.
Section 8. – CCBs
Adjusts code language for consistency- “board of supervisors shall establish a reserve for county conservation land acquisition and capital improvement projects.”
Section 9.—Conservation Tax Credit
Eliminates Conservation Tax Credit for corporations.
Section 10. – Marine Fuel Tax
Eliminates DNR’s use of marine fuel tax for acquisition of access point to public boating waters and recreation facilities associated with recreational boating. Makes use of tax more prescriptive and only allowed for what is outlined in code: dredging, renovation, administration, etc. Previous language provided funds could be used for these purposes, “but is not limited to” them.
Section 11. – REAP Open Spaces
Eliminates REAP open spaces account use for acquisition and development.
Section 12. –REAP Open Spaces
Changes the department’s priority from “acquisition and control” to “maintenance and enhancement” of open spaces. Funds are to be used for developments on “currently owned” state property.
Section 13. –REAP County Conservation
Counties cannot use REAP allocations for land easements or acquisitions.
Section 14. – REAP City Parks & State Land Management
REAP grants to cities cannot be used acquire or establish parks and open spaces—they can only maintain “and enhance.” Grants cannot be used for city projects located outside city boundaries.
State land management account funds can only be used for “enhancement” of state lands. The bill eliminates expansion of state lands, even if limited to expansion of lands and facilities already owned by the state.
Section 15. – SRF
Eliminates use of SRF on nonpoint source water pollution control projects that include acquisition of property for future donation or sale to a political subdivision, DNR, or federal government after July 1, 2019.
Section 16. – SRF
Adds language to code to be consistent with Section 15— Land purchased by a private entity with the assistance of SRF shall not be acquired by a political subdivision or DNR after July 1, 2019.
Section 17. – Fish & Game Protection Fund
Eliminates use of revenues and matched federal funds for “acquisition of land, leasing of land, or obtaining easements from willing sellers for use of land and wildlife habitat.” Replaced with “enhancement, restoration, operation, or maintenance of currently owned” habitat.
Section 18. —Fish & Game Protection Fund
New subsection added to clarify that fund cannot be used for land acquisition.
Section 19. –Fish & Game Protection Fund
Additional language prescribing use of fund revenues: limited to regulation, law enforcement, programs, salaries, support, maintenance, and equipment in support of fish and wildlife activities.
Section 20. –Fish & Game Protection Fund
Changes power and authority of DNR:
Currently, DNR can use fund to “acquire by purchase, condemnation, lease, agreement, gift, and devise land or waters” suitable for fish and game protection purposes.
Bill changes authority to “own for the public benefit or acquire by gift or devise, including rights-of-way and improvements” for fish and game protection purposes.
Section 21. – Wildlife Habitat Fee
Revenue to be used for the development and enhancement of currently owned wildlife lands and habitat areas.
Section 22. – Game Bird Wetland Conservation Program
Eliminates acquisition from Game Brid Wetland Conservation Program.
Section 23. – Migratory Game Bird Fee
Eliminates use of migratory game bird fee for acquisition and development of wetlands.
Section 24. – Conservation Tax Credit
Repeals the conservation tax credit for individuals.
Analysis:
How this affects:
Communities:
Counties would be prohibited from expanding parks, wildlife habitat areas, and trails by any amount. Funding the cities and counties have relied on would be restricted, and could not be used for expansion of open spaces and new recreational amenities.
Property Rights:
Individuals who want their land to be enjoyed by the public will have additional restrictions on how they can accomplish this. Many landowners sell their land in a bargain sale when it is not economical for them to donate land—this bill would limit the landowner’s ability to sell their land to public entities, even at discounted prices. For landowners who want to donate their land, a charitable donation tax credit has been available to compensate the landowner for the donation. This bill would eliminate the tax credit and require the donor to pay for the estimated cost of maintaining the land for 10 years. The bill does not elaborate on how the cost of maintenance would be estimated.
SAY NO TO HF542
House File 542 was introduced by Rep. David Sieck into the House on Tuesday and referred to the Natural Resources Committee. We are awaiting notice of a subcommittee hearing, but it will likely be early next week. Be prepared to show up at the Capitol to support public land!
HF542 is a direct attack on public lands and conservation in Iowa. It should be opposed in its entirety.
- In this bill, counties would be prohibited from expanding parks, wildlife habitat areas and trails by any amount. Funding the cities and counties have relied on would be restricted, and could not be used for expansion of open spaces and new recreational amenities, including public museums. The state would not be able to purchase land for state parks, wildlife areas or strategic water quality projects.
- This bill makes it harder for private landowners to donate land for public use or do conservation protection on their own land.
- As Iowa strives to attract and maintain people to live, work and raise families in our state, we need to provide quality of life features that they demand. At the top of list —along with good jobs — is a clean, healthy environment and outdoor recreation opportunities.
- Public land plays a special role in the lives of Iowans. For generations, Iowans have made memories in parks, on trails, in woodlands and prairies. We need to continue that legacy for future Iowans. We need to support our existing parks, trails and wildlife areas and continue to look for ways to expand our outdoor opportunities.
- Rural communities rely on the jobs, consumer spending and public health benefits that outdoor recreation provides. Iowa is already 47th in the nation in the percentage of public land available to its residents. This bill puts us in a race for the bottom.
- Instead of strangling our ability to grow healthy, happy communities, we should be embracing the opportunities the outdoors present. We should be investing more in conservation, not less.
Call and write to your legislators. Ask them to oppose House File 542. Tell them it’s time to fund the Natural Resources and Outdoor Recreation Trust Fund.