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Minutes for HB2476 - Committee on Federal and State Affairs
Short Title
Requiring legislative approval of any national heritage area or national historic trail in the state of Kansas and prohibiting state funding of any national heritage area or national historic trail unless such funding is first approved by the legislature of the state of Kansas.
Minutes Content for Wed, Feb 14, 2024
The Chair opened the hearing on HB2476. The Revisor provided an overview of the bill (Attachment 1).
Chairperson Carpenter recognized Representative Brett Fairchild as a proponent of HB2476 (Attachment 2). He stated that the Biden administration is advancing a 30x30 proposal. It's a worldwide initiative for governments to designate 30 percent of the earth's land and ocean area as protected areas by 2030. The connection between the 30x30 proposal and the expansion of national trails and national heritage areas is that all these things represent a potential threat to private property rights. The goal of HB2476 is to simply keep the federal government from infringing on private property rights in the construction of national trails and national heritage areas. This bill allows the people of Kansas to have a say on this issue through their elected representatives.
Chairperson Carpenter recognized Representative Carrie Barth as a proponent of the bill (Attachment 3). She stated that this is a land grab issue and Kansas should have a law providing protection to the property owners in Kansas. She stated that a few self-appointed bureaucrats should not be allowed to declare the taking of Kansans' land. She asked the Committee to pass out HB2476.
Angel Cushing testified as a proponent of HB2476 (Attachment 4). She stated that Congress is the only body that can create jurisdictions and designations and it is the only body that can remove areas from jurisdictions and designations. She stated that National Heritage Areas (NHAs) and Trails were a result of a compromise after the Sagebrush Rebellion. They were attached to budgets in order to get through Congress. None of the property owners were ever notified that they had been placed in a federal boundary and are now part of a federal land management plan. This legislation will force the special interest groups to be more transparent. Several representatives had questions.
The Chair recognized Beth Salmans as a proponent of HB2476 (Attachment 5) (Attachment 5A) (Attachment B) (Attachment C) (Attachment 5D). She stated that her greatest concern about the National Heritage Areas is the National Environmental Protection Act (NEPA) manual. Not one agricultural representative is mentioned as having assisted in the preparation of its policies. The manual also states that, "Since NHA management plans are approved by the Sec. of the Interior, the approval is considered a Federal action and, therefore, federal environmental laws including NEPA and other laws, such as Section 10 of the National Historic Preservation Act (NHPA) and Section 7 of the Endangered Species Act (ESA) must be followed." She noted that there was an article in the Observer where it says they are wanting to use the NHAs to complete the 30x30 plan. She asked the Committee to pass legislation to restrict the federal government from creating federal boundaries and jurisdiction, thereby removing the State’s right to govern private property rights within the State of Kansas.
Chairperson Carpenter stated that there is written proponent testimony from Brett Anderson (Attachment 6); Glen Burdue (Attachment7); David Copeland (Attachment 8); Marci Laffen (Attachment 9); Jill O'Connor (Attachment 10); Mary Powell (Attachment 11); Representative Rebecca Schmoe (Attachment 12); Matthew Steele, Ph.D., PE, Kansas Cattlemen's Association (Attachment 13); Sheila Sumpter (Attachment 14); Ben Terrill (Attachment 15); and Kari Sue Vosburgh (Attachment 16).
Chairperson Carpenter recognized Walter Wulf, Freedom's Frontier National Heritage Area (FFNHA), as a neutral on HB2476 (Attachment 17). He stated that Freedom's Frontier National Heritage has been in existence for 18 years and it is not a danger to private property rights. National heritage areas were created as an alternative to national parks to stimulate the economic development of heritage and agri-tourism without the government having to own the property. No property owner can become a part of the heritage area unless they have agreed to do so in writing. In addition, FFNHA cannot interfere with hunting or fishing rights. It does not have any connection to the 30x30 initiative.
The Chair recognized Bob Totten, Freedom's Frontier National Heritage Area Board of Trustees, as a neutral on HB2476 (Attachment 18). He stated that Freedom's Frontier (FFNHA) only includes historical sites and historical museums that are open to the public. It does not encroach on private property rights and it is not possible for land to be "opted in" without the property owner's permission.
Brad Loveless, Secretary, Kansas Department of Wildlife & Parks testified as a neutral on the bill (Attachment 19). He stated that the Kansas Department of Wildlife and Parks (KDWP) is neutral, but requests some clarifying amendments to subsections (b) and (c) that would provide greater direction and improve the legislation.
Chairperson Carpenter stated that there is one written only neutral testimony by Steve Hitchcock, Freedom's Frontier National Heritage Area (Attachment 20).
Chairperson Carpenter advised the Committee that there are no oral opponents, but there is written opponent testimony from Dennis Katzenmeier, Western Cattle Trail Association (Attachment 21) and Kerry Gooch, Kansas Black Leadership (Attachment 22).
Chairperson Carpenter closed the hearing on HB2476.
There being no further business, the meeting was adjourned at 10:20 a.m.
