H. B. 2190


(By Delegates Martin, Williams, Douglas, Mezzatesta,
Michael and Willison)
[Introduced February 21, 1997; referred to the
Committee on Government Organization.]



A BILL to amend article one-a, chapter twenty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine, relating to requiring agencies of state government to develop land management plans.

Be it enacted by the Legislature of West Virginia:
That article one-a, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nine, to read as follows:
ARTICLE 1A. REAL ESTATE MANAGEMENT AND PROCEDURES.

§20-1A-9. State agencies to develop land management plans.
(a) State agencies charged with primary responsibility for the management or control of tracts or parcels of state-owned land shall develop land management plans for the following categories of land: (1) agricultural land, including land used for arboriculture, silviculture, horticulture and grazing; (2) timberland and forest land; (3) natural resources property, as defined in section ten, article one-c, chapter eleven of this code; and (4) undeveloped acreage located outside of municipalities.
(b) Each land management plan shall state (1) the name by which the land is generally known; (2) a brief description of the nature, type or character of the land; (3) the objectives of the agency with respect to the land; (4) the agency's determination of the optimum use or disposition of the land, including the reasons for concluding that the land should be either held and used, or sold or leased in whole or in part; and (5) planned activities and uses, including specific determinations as to whether the land is to be used for production of food products, production or development of natural resources, recreational use, or some other specified use.
(c) When reversionary clauses or other restrictions in deeds of conveyance limit options for use or sales or leases that might otherwise be proposed, the plan shall so state. Planned activities and uses with respect to the land shall be stated in general terms for at least five years and the agency's conclusions shall be based on a cost benefit analysis of options or alternatives for action. In the case of land managed for production of timber, the agency shall report on projections for timber harvesting on a sustained-yield basis, income estimates, and the years in which income will be generated. The plan shall include any planned activities, which involve expenditures or efforts above ordinary or maintenance levels, to protect the land from erosion, fire, plant and animal pests, noxious insects, noxious weeds and plant and animal diseases. In the case of land subject to rights granted by existing contracts, leases, licenses or easements, the plan shall include a determination as to whether the interest granted should be continued or withdrawn. In the case of land managed under land management plans adopted prior to the effective date of this section, land management plans shall be reviewed and amended as may be necessary. When appropriate, the agency administrator shall consult with the secretaries of the various departments of state government and request suggestions for land use and resource development on the land. In the case of land recommended for sale, lease, or transfer, the report shall include the review and approval of the director of the West Virginia development office of the proposed use and any alternate suggestions for land use which may be in the public interest. Land management plans developed following the enactment of this section and in satisfaction of the requirements of this section ordinarily should not exceed five double-spaced pages and may not exceed twenty pages for each named tract or parcel, except that information summarized or excerpted from longer documents prepared by the agency may be offered in satisfaction of the requirements of this section.
(d) Each agency shall complete and provide to the governor, the secretary of the department of state government within which the agency is contained, the president of the Senate, the speaker of the House of Delegates and the cochairs of the West Virginia forest management review commission, within one hundred eighty days of the effective date of this section, draft copies of that agency's land management plans, and, within one year of the effective date of this section, final land management plans for the agency. The agency may confer with any other agency or individual in developing, implementing and adjusting the land management plan. Any land management plan established pursuant to this section may be amended, from time to time, as may be necessary, and shall be reviewed and updated at least every five years: Provided, That no land management plan shall authorize the establishment of any all-terrain vehicle trail.




NOTE: The purpose of this bill is to require state agencies to develop land management plans.

This section is new; therefore, strike-throughs and underscoring have been omitted.

This bill is recommended by the Forest Management Review Commission for passage during the 1997 Regular Session.