Relating to operation of all-terrain vehicles or off-road utility vehicles on public hunting areas

Description

House File 473 allows for the operation of all-terrain vehicles (ATVs) or off-road utility vehicles (UTVs) on a public hunting area to remove a lawfully taken deer carcass. The Bill requires the ATV or UTV vehicle operator and all passengers to wear a visible blaze orange vest, coat, jacket, sweatshirt, sweater, shirt, or coveralls until the deer carcass has been removed from the public hunting area.

Background

Under current law, the Natural Resource Commission (NRC) may prohibit the operation of ATVs or UTVs on public lands, public ice, or designated riding trails in the interest of safety for persons, property, or the environment. The operation of ATVs or UTVs is prohibited in any park, wildlife area, preserve, refuge, game management area, or navigable stream, except on designated riding areas and trails.

A person in violation of ATV or UTV prohibitions is guilty of a simple misdemeanor punishable by a scheduled fine of $135. In addition, a person in violation of prohibitions may be assessed a civil penalty of $250 to be deposited in the All-Terrain Vehicle Registration Fee Fund. The Federal government awards grants to the Department of Natural Resources (DNR) under the Pittman-Robertson Wildlife Restoration (WR) Act, the Dingell-Johnson Sport Fish Restoration (SFR) Act, and 50 Code of Federal Regulations (C.F.R.) Part 80. The WR Act provides funds to the State fish and wildlife agencies to restore, conserve, manage, and enhance wild birds and mammals and their habitats. In FFY 2025, Iowa received $13.2 million. The SFR Act provides funds to the State to carry out projects to restore, enhance, and manage sport fishery resources. In addition to sport fishery projects, this Act allows for the development and maintenance of boating access facilities and aquatic education programs. In FFY 2025, Iowa received $5.5 million. Both federal programs require that the DNR must have discretion to determine if the use of land purchased with WR or SFR Act program funds is compatible with the land’s authorized purpose.

Assumptions

• House File 473 may conflict with the WR Act and the SFR Act, and 50 C.F.R. Part 80.
• If it is determined that the use of ATVs and UTVs pursuant to HF 473 interferes with the DNR’s authority to manage and control land purchased with WR or SFR Act program funds, the moneys associated with those programs will not be available to the State in future fiscal years.
• Future federal funding for the WR and SFR Act programs is based on the FFY 2025 total.

Fiscal Impact

According to the DNR, if the State is found to be noncompliant with federal law, HF 473 may result in a reduction of approximately $18.7 million in federal funding.

Sources

• Department of Natural Resources
• U.S. Fish and Wildlife Service