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Minutes for SB331 - Committee on Agriculture
Short Title
Designating Flint Hills trail state park and Little Jerusalem Badlands state park as part of the state park system.
Minutes Content for Thu, Mar 8, 2018
The Chair opened the hearing on SB331 at 3:33pm.
Kyle Hamilton, Assistant Revisor, Office of The Revisor of Statutes, provided an overview of SB331 and the statutes that it affects. (Attachment 1)
PROPONENTS
Don Hineman, Majority Leader, Kansas House of Representatives, appeared before the Committee in support of SB331. (Attachment 2) I am grateful for this opportunity to testify in support of SB331, and specifically that section designating Little Jerusalem Badlands state park. It will be a completely unique state park, unlike any other in Kansas or beyond. The area in question lies in southern Logan county, and is part of my legislative district. I had the privilege to participate in a tour of Little Jerusalem last fall and was in awe of the unique natural resource that it represents. The acres upon acres of Niobrara chalk columns dwarf the much better-known Monument Rocks in southwestern Gove county and Castle Rock in southeastern Gove county. One gets the feeling that it is almost an other-worldly place as one explores the maze of stone columns and gullies. Designating this property as a state park will bring it to the attention of both Kansas residents and visitors, inspire all who visit it, and create one more reason for people to explore and enjoy the natural heritage of Kansas.
Linda Craghead, Assistant Secretary, Kansas Department of Wildlife, Parks, and Tourism, appeared before the Committee in support of SB331. (Attachment 3) Constituent and visitor use of the trail is expanding rapidly. The Department recognizes the need to establish enhanced systems for access, maintenance, safety, community relations, programming, marketing and enforcement. Due to the proximity of Prairie Spirit Rail Trail, Pomona and Eisenhower State Parks, the Department is well positioned to assume these responsibilities. Recognizing the recreational and economic value of Little Jerusalem Badlands and the Flint Hills Trail, the Department enthusiastically supports SB331 to designate these two Kansas destinations as part of the state park system.
Doug Walker, President, Kanza Rail Tails Conservancy Inc, appeared before the Committee in support of SB331. (Attachment 4) Whether the Flint Hills Trail becomes a State Park or not, will have no effect on its railbanked status. It will still be a trail, open to the public for walkers, bikers and equestrians and owned by the Kanza Rail Trails Conservancy Inc. For consistent maintenance, increased law enforcement, professional management and statewide promotion, it needs to become a State Park. The Flint Hills Trail State Park will provide economic benefits to local communities and enhanced recreational opportunities for all Kansans.
Rob Manes, Director, Nature Conservancy, appeared before the Committee in support of SB331. (Attachment 5) While the Conservancy will continue to own the property, we will establish a long-term agreement that will allow KDWPT staff to provide and manage public outdoor recreation opportunities in a manner that protects the property's fragile natural features. As the landowner, the Conservancy will continue to pay property taxes and will continue to work with a local tenant to graze the property. The Conservancy will maintain management involvement and oversight, but we will rely on the Department and other mutually selected sources of expertise to design and manage public access.
Written Only testimony in support of SB331 was received from:
Monica Simecka, President, Council Grove-Morris County Chamber of Commerce & Tourism (Attachment 6)
John C. Coen, President, Ottawa Area Chamber of Commerce (Attachment 7)
Debi Schwerdtfeger, Mayor, Council Grove KS (Attachment 8)
Scott Allen, Vice President, Kanza Rail Trails Conservancy Inc (Attachment 9)
Marcia Rozell, President, Flint Hills Tourism Coalition (Attachment 10)
Proponents stood for questions from the Committee.
OPPONENTS
Mike Beam, Sr Vice President, Kansas Livestock Association, appeared before the Committee in opposition of SB331. (Attachment 11) It's important to know the implications of designating a state park and the siting of swine operations. KSA 65-171d (h) (2) establishes a separation distance of at least 1,320 feet from a state park for a confined feeding facility for swine with an animal unit capacity of 300 to 999. This separation distance is extended to 4,000 feet for swine animal feeding facilities of 1,000 to 3,724 animal units 5,000 feet for new swine confinement facilities with a capacity of more than 3,725 animal units. This statute also precludes expansion of existing swine facilities. KLA is concerned the designation of a 115 mile state park would prohibit the future location of a swine facility on a quarter mile of private property adjacent to a rail trail designated as a state park. I'd contend the legislature did not envision the state park separation distance to apply to a linear park as contemplated with the Prairie Spirit Trail and proposed Flint Hills rail trail state park.
Tracy Presnell, McPherson County KS, appeared before the Committee in opposition of SB331. (Attachment 12) This trail project is nothing but a money pit that the State cannot afford. There's no evidence that it will produce any measurable economic activity in the counties through which it passes. It's being built on a right-of-way that is temporary and subject to return to railroad service. It prevents the return of the property interest back to those that actually own the property and keeps the property out of useful production and the tax base.
John Donley, Kansas Farm Bureau (KFB), appeared before the Committee in opposition of SB331. (Attachment 13) KFB policy states "we oppose the use of federal or state funds or state fee funds to acquire, own, operate or enlarge any federal or state preserve, park or monument on privately owned land." Additionally, KFB policy opposes "the use of federal or state tax revenues for development, enhancement or maintenance of rail banked rights-of-way or trail amenities." While Kansas Farm Bureau appreciates the desire to expand outdoor opportunities for Kansas citizens, bills such as SB331 tend to have negative impacts on land adjoining these properties.
Larry Patrick, Wichita KS, appeared before the Committee in opposition of SB331. (Attachment 14) As rail-banking evolved, the Surface Transportation Board's intention was for the trail sponsor to assume full managerial, financial, and legal responsibility for a right-of-way for which they applied. There are federal and state laws in place guiding the operation of trails. When trail sponsors realize they can't meet their obligations, they want the State of Kansas to bail them out.
Vince Rocco, McPherson County KS, appeared before the Committee in opposition of SB331. (Attachment 15) We feel that this is a way for trail groups to start trails then abandon the projects and their responsibilities and make the State take them on to finish and maintain them. This puts the cost burden of completion, operation and maintenance onto the State. These trails are on private property that should have reverted back to the adjoining landowners. The act of railbanking and trail use instead of abandonment prevents reversion of the right-of-way interest per State Statute. We also have concern for the personal safety of the families that live along these trails, since they are not closed-off at night and are in remote, unsupervised areas that can difficult for law enforcement and other first responders to access.
Leslie Belt, Osawatomie KS, appeared before the Committee in opposition of SB331. (Attachment 16) Some of the biggest challenges we have living next to the trail is people parking in our drive ways and blocking traffic so farm equipment can not get down the roads. People throwing down trash and come onto our property to refill water bottles from our hydrants. Gas lines cut on our tractor, four-wheeler stolen out of our barn. I am truly saddened that I can not even mow the yard without having to make sure the house is locked because people come off the trial and help themselves to what ever they please. With all the challenges our state currently has with finances, our family and the landowners adjacent to the trail do not believe passing SB331 is in the best interest of our community and state.
Written Only testimony in opposition of SB331 was received from:
Frederick Stevenson, Rantoul KS (Attachment 17)
Valerie Henson, Osawatomie Ks (Attachment 18)
Opponents stood for questions from the Committee.
There were no neutrals of SB331.
The hearing on SB331 was closed at 4:49pm.
The Chair adjourned the meeting at 4:50pm.
