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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
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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
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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
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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
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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
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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
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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.
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