Bill Summary – FastDemocracy

Division of the Budget
Landon State Office Building                                                                                Phone: (785) 296-2436
900 SW Jackson Street, Room 504                                                                            adam.c.proffitt@ks.gov
Topeka, KS 66612                                 Division of the Budget                                   http://budget.kansas.gov
Adam C. Proffitt, Director                                                                               Laura Kelly, Governor


                                                   February 13, 2024


         The Honorable Will Carpenter, Chairperson
         House Committee on Federal and State Affairs
         300 SW 10th Avenue, Room 346-S
         Topeka, Kansas 66612
         Dear Representative Carpenter:
                   SUBJECT:       Fiscal Note for HB 2476 by Representative Fairchild, et al.
                 In accordance with KSA 75-3715a, the following fiscal note concerning HB 2476 is
         respectfully submitted to your committee.
                 HB 2476 would require the approval of the Kansas Legislature for the designation of any
         national heritage area or national historic trail within the state of Kansas, if the designation includes
         land that is not federally owned. Legislative approval would be required for any state lands, water,
         property, or facilities to be included in a national heritage area, national historic trail or any similar
         or successor designated areas. The bill would also require legislative approval of the use of state
         funds to match federal funds for any national heritage area or national historic trail.
                The Kansas Department of Wildlife and Parks (KDWP) states that the Freedom’s Frontier
         National Heritage Area (FFNHA), which was established in 2006, encompasses 29 counties in
         eastern Kansas and an additional 12 counties in Western Missouri. Within the 29 counties in
         Kansas, there are 14 state parks and two additional state park managed properties. These 16
         properties are important economic assets to the local communities they are situated within.
         Additionally, this area contains KDWP Wildlife Areas.
                 Due to the current locations of the 16 state park properties, within the FFNHA and aligned
         with the Santa Fe National Historical Trail, the bill would have a direct effect on operations,
         revenues, and expenditures for the Parks Division of the KDWP. The agency could not operate
         those parks unless the Legislature approved expenditures for those parks. The agency could not
         relocate the parks and prohibiting the existence of these facilities within the state budget would
         eliminate 54.00 FTE positions at the parks. The agency cannot estimate the amount of revenue it
         would lose or the amount of expenditures it would save if these parks were to close. The agency
The Honorable Will Carpenter, Chairperson
Page 2—HB 2476

does not spend state funds to add to public properties in the National Heritage Areas or trails nor
does the agency receive federal funds for National Heritage Areas.
        Kansas has five designated National Historic Trails consisting of the Lewis and Clark
(designated 1978), Oregon (1978), Santa Fe (1987), California (1992), and the Pony Express
(1992). The Flint Hills Trail State Park (118 miles long) closely aligns with the Santa Fe National
Historic Trail for approximately 30 miles and is on the same direct alignment for approximately
six miles. The cost to complete those six miles of the Flint Hills Trail is estimated at $4.2 million,
which has been awarded to the agency from a federal Rebuilding American Infrastructure with
Sustainability and Equity (RAISE) Discretionary Grant Program to complete the Flint Hills Trail.
Under the provisions of the bill, those funds could not be used until approved by the Legislature.
       The Kansas Department of Transportation, Kansas Department of Health and
Environment, Kansas Department of Agriculture and the Adjutant General’s office indicate that
SB 370 would have no effect on agency operations, revenues, or expenditures. Any fiscal effect
associated with HB 2476 is not reflected in The FY 2025 Governor’s Budget Report.
        The Kansas Association of Counties indicates that the bill could prevent counties from
getting certain federal grants and private citizens would not be able to allow their land to be
designated as a National Heritage Area without legislative approval. The League of Kansas
Municipalities states that the bill would not have a fiscal effect on cities.

                                                      Sincerely,

                                                      Adam C. Proffitt
                                                      Director of the Budget


cc: Lita Biggs, Department of Agriculture
    Terry Bruce, Department of Wildlife & Parks
    Brendan Yorkey, Department of Transportation
    Michael Neth, Office of the Adjutant General
    Amy Penrod, Department of Health & Environment