HB1291 (2016) Detail

Eliminating the land use board, establishing an advisory board, and requiring approval of federal land acquisitions by the governor, executive council, and general court.


\t \t\t \t\t \t\t \t \t \t\t

HB 1291 - AS INTRODUCED

 

2016 SESSION

\t16-2300

\t08/03

 

HOUSE BILL\t1291

 

AN ACT\teliminating the land use board, establishing an advisory board, and requiring approval of federal land acquisitions by the governor, executive council, and general court.

 

SPONSORS:\tRep. Eastman, Hills. 28; Rep. McConnell, Ches. 12; Rep. Edelblut, Hills. 38; Rep. Rideout, Coos 7; Rep. Hannon, Straf. 25; Sen. Avard, Dist 12

 

COMMITTEE:\tResources, Recreation and Development

 

-----------------------------------------------------------------

 

ANALYSIS

 

\tThis bill eliminates the land use board, establishes an advisory board, and requires approval of federal land acquisitions by the governor, executive council, and general court.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2300

\t08/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\teliminating the land use board, establishing an advisory board, and requiring approval of federal land acquisitions by the governor, executive council, and general court.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

\t1  Advisory Board.  RSA 121:2 is repealed and reenacted to read as follows:

\t121:2  Advisory Board.  There shall be an advisory board consisting of 5 New Hampshire land owners, 2 of whom shall be appointed by the speaker of the house of representatives, 2 of whom shall be appointed by the president of the senate, and a chairperson, appointed by the governor.  The advisory board shall meet upon the request of the local governing body of a municipality in which there is land proposed for federal acquisition. The members of the board shall serve without compensation. They shall establish reasonable rules of procedure and shall keep written records.

\t2 Advisory Board; Approval of Acquisition.  Amend RSA 121:3 to read as follows:

\t121:3  Approval of Acquisition.  No land shall be acquired pursuant to this chapter unless such acquisition meets all criteria under this chapter.  This information shall be provided to the advisory board by the department of resources and economic development, reviewed for recommendation by the advisory board, presented to the governor, executive council, and general court by the advisory board, and then approved by the governor, executive council and general court [until the acquisition shall have been recommended by the [land use board] and approved by the governor and council]; but the provisions of this chapter shall not apply to the acquisition by the United States of sites for post offices, custom houses, or other public buildings or effect an amendment or repeal of RSA 123 or RSA 272.

\t3  Land Use Board Removed; Procedures.  Amend RSA 121:4 to read as follows:

\t121:4  Procedure.  At least 14 days before [the land use board] the governor, executive council, and general court shall take action upon any proposed acquisition of land in any town or city, it shall, by letter addressed to the board of selectmen in such town, or to the board of mayor and aldermen in such city, advise it of the proposed acquisitions.  At the request of the selectmen in such town or the board of mayor and aldermen in such city where the purchase of such land is contemplated, the [land use board] governor shall grant a public hearing in such town or city, or at some other convenient place.  Provided, however, that no land shall be acquired under the provisions of this chapter until the acquisition of the same shall be approved by a majority of the voters present and voting at a regular or special town meeting in towns, or by a majority vote of the board of mayor and aldermen in cities.

\t4  Approval by Governor and Council; Land Use Board Removed.  Amend RSA 121:5 to read as follows:

\t121:5  Approval by  Governor, [ and] Council, and General Court.  Upon notification by the advisory board of its recommendation for approval as set forth in RSA 121:3, and approval by the governor, [and] executive council, and general court, the governor and executive council [upon recommendation of the land use board,] are authorized on behalf of the state:  (a) To accept leases or enter into other agreements with the United States, or a duly authorized agency thereof, for the administration and maintenance of any such lands, with or without improvements, upon such terms and conditions as they may consider proper.  Net income derived from any of such lands which may be designated for administration by the state forestry department shall be disposed of by the governor and council in the same manner as other income received from state forests and forestry reservations; and all income from other such lands shall be covered into the general funds of the state; (b) To accept deeds from the United States, of any such lands, upon such terms and conditions as they may consider proper.

\t5  Limitations on Right to Acquire; Land Use Board Removed.  Amend RSA 121:6 to read as follows:

\t121:6  Limitations on Right to Acquire.  Lands which may be acquired under this chapter shall be such as by reason of quality, location, or condition are better adapted to public conservation, forestry, recreation, experimental, and demonstration purposes than for continued private ownership and development.  Such acquisition shall be limited in total within the state to 2 percent of the total land area of the state, and shall be further limited in each town or city to an amount of land, the assessed valuation of which on April 1 of the preceding year was 5 percent of the total assessed valuation on such date of all the real estate in such town or city.  All information shall be acquired by the department of resources and economic development and provided to the advisory board, the governor, the executive council, and the general court.  The provisions of this chapter shall not limit the authority of the United States to acquire lands for the White Mountain National Forest within the boundaries established by proclamation of the president of the United States, dated October 26, 1929; and the limitations as to area and valuation contained in this section shall not apply to acquisitions within the boundaries of the existing White Mountain National Forest Purchase Unit, or any new national forest purchase units that may be recommended by the [land use board] advisory board and approved by the governor, [and] executive council, and general court; nor shall such acquisitions be included in computing such limitations.

\t6  Effective Date.  This act shall take effect 60 days after its passage.