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Ellsworth County commissioners were pulled in two directions Monday, but took no action during a lengthy discussion on the Nebraska-Kansas National Heritage Area.

The NHA is a proposed area involving 49 counties in southern Nebraska and northern Kansas, including Ellsworth County.

Angel Cushing, a farmer and concerned landowner from Lyon County and opponent of the national heritage area, urged commissioners to sign a resolution opting out of inclusion in it

“If you opt out of that and send a clear message you don’t want to be part of that ‘federal border,’ they have to submit that to their feasibility study and makes their feasibility study very difficult, and it makes their feasibility study more difficult for Congress to go along with it,” she said. “Now is the time if you’re going to knock this down before the feasibility study. It’s easier to opt out now than it is later on.”

Cushing said the management plan includes a lengthy list of administrative federal government regulations — including those from the endangered species act to the environmental protection agency — that property owners in the NHA must comply with.

Cushing said the biggest concern she has with NHAs is the Tall Grass Natural Prairie and Conservation Area.

“If you look at Tall Grass National Prairie, only 34 acres is owned by the federal government,” she said. “Ten thousand four hundred is owned by the Nature Conservancy.”

Cushing said wherever NHAs are, nature conservancies, conservation easements and land purchases grow.

“When they get a big enough plot, they then donate that to the National Park Service,” she said, adding that land will eventually be taken off the tax rolls as a result.

Cushing said a county might not be an immediate target of this if it doesn’t have a lot of rivers and lakes, but if it does, it will probably be at the top of the list.

Paul J. Kasper, county attorney, asked how NHAs acquire land.

Cushing said when she first asked that question, she was told to look at the western states and national parks and how they do it there.

“The answer is all of the above,” she said. “What they do is come in with zoning regulations that are very strict and looking at the land they want first, that’s where they start focusing,” she said.

Cushing said five counties have opted out so far. She noted, however, that even if Ellsworth County were to sign a resolution to opt out of the NHA, the final decision will be made by a vote of the Congress.

“By passing a resolution, you are simply saying that you don’t want to be a participant,” she said. “But you may not have a choice.”

Cushing said everything about the NHA has to do with viewscape.

“One of the partners to most of these NHAs is the Audubon Society,” she said. “They are absolutely against silos and cell towers, but apparently wind mills are perfectly fine.”

Cushing said the form of zoning NHAs uses focuses on how everything looks.

Instead of, for example, zoning commercial based on the infrastructure, Cushing said it is all about the view.

“They use words like ‘this must meet the character and the harmony of the area,’” she added. “That is subject to interpretation by whoever gets to make that decision. It depends on what they are looking at.”

“Sounds like a huge homeowner’s association,” Commissioner Dennis Rolfs said.

“Yes,” replied Cushing.

Cushing said it sounds like she is talking some big scary conspiracy theory.

“I would be right there saying yeah, that has to be a conspiracy theory,” she said. “But I saw it in black and white myself. It was in our regulations and comprehensive plan.”

Cushing said the goal of the comprehensive plan was to shift the economy of Lyon County from agriculture industry to tourism and energy production.

“They made Emporia a city and outside of that for the entire county a park, literally,” she added.

When she pointed this out to the Lyon County commissioners, it was removed.

LeeRoy Charvat of Wilson, a concerned property owner, said the Russell County commissioners signed a resolution opting out of the NHA.

Dr. Dennis Kepka, a retired Wilson physician and landowner, said the Butterfield Overland Despatch goes across his land and he is trying to figure out how tourism can be tied to that route on his property.

Cushing said sadly you don’t need an NHA to put that into the National Historic Record.

“You don’t even need to be the one to do it,” she added. “Your neighbor can register that in the historical record. And that comes with regulations.”

Cushing said once on the federal register, if Kepka were to try to fence that trail off or put a windmill there, everything then becomes about the viewscape of that particular property.

“So my answer to you is if you don’t want to go the federal route, go the local route, put a sign out there next to the highway,” she said. “Go to the schools, bring the kids out on a field trip.”

Rolfs said it all comes down to the fact that it’s not just two sides, there’s a wrong way and there’s a right way.

Commissioner Steve Dlabal said the NHA must be shut down locally before it starts.

“I don’t want to see this thing get started out here,” he said. “Don’t tell me they’re not trying to take our ground.”

Dlabal said if someone wants to build something here to bring tourism into the area, that’s fine.

“Let them do it if it’s on their own ground,” he said.

Commissioner Greg Bender said while he has a feeling in his gut about the NHA, he still wants to gather more information.

The question of whether to opt out of the NHA will remain on the commission agenda next week.

Kasper said he has some concerns with the overly broad draft resolution presented to the commissioners by NHA opponents.

He wants to make sure the draft resolution is appropriate and specific to Ellsworth County.

Keep local control

Mike Mattas of Wilson said he wants local control, common sense and everything out in the open.

“I’ve got a gut feeling and I don’t like what I see,” he said. “I want a future for my children and my grandchildren.”

A lot of fear in the room

Sarah Goss of the Ellsworth County Farm Bureau, urged the commissioners to not rush into a decision.

“With all due respect, there’s a lot of fear going on in the room,” she said. “On behalf of Kansas Farm Bureau and those that live and work in Kansas agriculture, I would urge you to take the time to consider the proposals in the room, and get more information before you make any rash decisions.”

Goss said Farm Bureau takes a policy position that strongly supports individual land rights.

“Our organization wouldn’t exist without support for individual land rights, but also understands the value of travel and tourism,” she said.

If commissioners want more information, Goss said, they should contact the offices of Kansas Sen. Jerry Moran, Sen. Roger Marshall, and Rep. Tracy Mann. “Let’s get the information correct,

“Let’s get the information correct, from them,” she said.

Goss said fear-mongering and making rash decisions today are not in the best interest of Ellsworth County farmers and ranchers.

“What we have is an unfortunate collision of news events happening at the same time,” she said.

Goss said President Joe Biden took executive action called the 30 by 30 plan. It would place 30 percent of United States lands and 30 percent of US waters under federal jurisdiction by 2030.

“Nothing has happened yet, whatsoever regarding this 30 by 30,” Goss said. “Nothing.”

Goss said Biden has asked his Secretary of Agriculture for a recommendation.

“At the same time, the National Heritage Area, which has been in the works for the last several years, has gained some momentum and is getting ready to proceed with the next step,” she said. “This unfortunate collision is creating a lot of fear.”

Cushing said if you really want to sell the National Heritage Area to the public, why not send those in that area a letter informing them of what is proposed.

Three most important people

Art Howell of Lincoln County said the commissioners are the decisionmakers for the people in Ellsworth County.

“You are the three most important people to us in our entire system of government,” Howell said. “We have allowed others to stretch your authority, to take away your authority to the point where we’ve almost lost you as part of our national government. Don’t hold off making some of the decisions that take back the power you were given in 1787 in the Constitution.”

Like a scenic byway

Stacie Schmidt of Ellsworth County Economic Development said the NHA is much like a scenic byway, driving traffic and tourism, not an infringement of private property rights.

In other business:

• Teresa Shute, director of the Ellsworth County Recycling Program, Noxious Weed Department and Landfill, said she is resuming the collection of recyclables at the Ellsworth County Recycling Building on Monday, May 3. Shute talked to CB Trucking and they are, after talking to Lincoln County officials, resuming recycling operations after a fire consumed their recycling building a week ago.

• The 2022 budget request from the 20th Judicial District for $104,980 was approved. It is the same amount as last year.

• Approval was given to reimburse Jeremiah Brown of the county EMS $74.11 for meals he bought at Orozco’s Portales in Kanopolis for four dispatchers.

• Approval was given to the 2022 Comprehensive Plan as presented by the Central Kansas Community Corrections.

The next meeting of the Ellsworth County commissioners will be at 9 a.m. Monday, May 3, at the county courthouse.

“Our organization wouldn’t exist without support for individual land rights, but also understands the value of travel and tourism.”

Sarah Goss

Kansas Farm Bureau

RECYCLING IS A GO AGAIN

Teresa Shute, director of the Ellsworth County Recycling Program, Noxious Weed Department and Landfill, told commissioners Monday that representatives from CB Trucking in Beverly talked to Lincoln County officials about the fire that ripped through the former schoolhouse more than a week ago.

As a result of the discussion, recycling operations will resume, thus allowing the Ellsworth County Recycling Building to reopen Monday, May 3.