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June 3, 2024
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Minutes for SB370 - 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 Tue, Feb 13, 2024

Jason Long, Office of Revisor of Statutes, gave an overview of the bill.  He stated SB370 is concerned with national heritage areas and national historic trails, and requiring prior approval by the state legislature before certain actions could occur, such as extending such areas beyond federal land.  Further, no matching state funds or resources could be used without prior approval of the Legislature. (Attachment 1)

After a period of questions and answers of the revisor, the Chairman called for proponent testimony.

Proponent Oral Testimony

Representative Brett Fairchild, 113th District, spoke as a proponent of the bill.  He stated the size and scope of the federal government has grown way beyond what the Founders intended.  For example, the 30 by 30 proposal by the Biden Administration is a worldwide initiative for governments to designate 30% of the earth's land and ocean as protected areas by 2030.  He said for this to happen, they would have to infringe on private property rights and use imminent domain to seize land. He stated the bill would allow the citizens of Kansas to have a say in this area. (Attachment 2)

Representative Rebecca Schmoe, 59th District, spoke as a proponent of the bill.  She stated they want to restore local control and fiscal responsibility through this bill, and provide a way for their constituents to hold the government accountable if private or state land is encroached upon by the Federal government. (Attachment 3)

Angel Cushing, private citizen, spoke as a proponent of the bill.  She said the bill allows people to find out about national heritage areas being considered in their area, and it demands transparency.  She provided a map of Kansas showing a number of Kansas counties that have passed resolutions against being in a National Heritage Area or having a National Trail go through their counties. Copies of those resolutions are included in her testimony. (Attachment 4)

Beth Salmons, private citizen, spoke as a proponent of the bill.  She stated that dangers are presented by the Environmental Protection Agency (EPA) for all federal projects, and their requirements interfere with farming and ranching.  She said the Heritage Areas are guided by the National Environmental Protection Act Manual, and the laws in the manual are frightening and devastating, and can be used to fine and harass farmers and ranchers off their land.  She asked the Committee to pass SB370 to restrict the federal government from creating boundaries and jurisdictions that remove private property rights. (Attachment 5)

Written Only Proponent Testimony

Brett Anderson, We the People (Attachment 6)

David M. Copeland, Convention of State Action (Attachment 7)

Debbie Detmer, private citizen (Attachment 8)

Tim Johnson, Coffey County Commissioners (Attachment 9)

Jaime Kissinger, private citizen (Attachment 10)

Marci Laffen, private citizen (Attachment 11)

Matthew T. Steele, Kansas Cattleman's Association (Attachment 12)

Sheila Sumpter, private citizen (Attachment 13)

Ben Terrill, Convention of State Kansas (Attachment 14)

Kari Sue Vosburgh, We the People (Attachment 15)

Mary Powell, private citizen (Attachment 16)

After a period of questions and answers, the Chairman called for neutral testimony.

Neutral Oral Testimony

Bob Totten, Freedom's Frontier National Heritage Area Board of Trustees, spoke as neutral on the bill.  He stated the only concerns they have are language in several places in the "whereas comments", which he says are not correct. He explained what Freedom Frontier's purpose is, and that they are not considered part of the trails program mentioned in the bill. He said he would provide information on the specific areas in the bill that are incorrect.  (Attachment 17)

Steve Hitchcock, Secretary, Freedom's Frontier National Heritage Area Board of Trustees, spoke as neutral on the bill.  He stated they are a vehicle for collaboration between local community historians and their counterparts across the nation.  His concerns with the bill is also within the "whereas" clauses.  He stated the Heritage Areas do not receive state money, as stated in the clauses they would like to see changed.  (Attachment 18)

The Chairman noted there was no oral opponent testimony.

Opponent Written Only Testimony

Dennis Katzenmeier, Western Cattle Trail Association (Attachment 19)

After a period of questions and answers, the Chairman closed the hearing on SB370.

The Chairman adjourned the hearing at 11:27 am.