H. B. 3119
By Mr. Speaker, Mr. Kiss, and Delegates Varner, Williams,
Crosier, Kominar, Stemple, Beane, Perry, H. White, Michael and
[Passed March 11, 2006; in effect ninety days from passage.]
AN ACT to amend and reenact §20-1-10 of the Code of West Virginia,
1931, as amended, relating to wildlife management areas;
revising areas subject to property management requirements;
altering reporting requirements; establishing requirements of
land use for recreational hunting and shooting; preserving net
habitat for hunting and shooting; and establishing reporting
requirements for the division of natural resources.
Be it enacted by the Legislature of West Virginia:
That §20-1-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-10. Property management.
(a) The division shall maintain at all times an accurate
record of all of its lands, interests in lands, buildings,
structures, equipment and other tangible properties and assets. The record shall reflect the location, utility, condition and estimated
value of all such properties and assets. The division shall provide
for the maintenance, preservation and custody of all such
properties and assets, and when any item or items thereof become
obsolete or are no longer needed, the division shall report thereon
to the Public Lands Corporation for disposition thereof.
(b) The Director shall select and designate a competent and
qualified person as division property officer, who shall be
responsible for the division's records relating to its properties
and assets and for the maintenance, preservation, custody and
disposition of all such properties and assets as herein provided.
(c) Subject to valid existing rights, division owned wildlife
management area lands shall be open to access and use for
recreational hunting and shooting except as limited by the division
for reasons of public safety, fish and wildlife management or
homeland security or as otherwise limited by law.
(d) The division shall exercise its authority consistent with
subsection (c) to support, promote and enhance recreational hunting
and shooting opportunities, to the extent authorized by statute.
The division shall give preference to hunting and shooting over
other uses of division owned wildlife management area lands.
(e) Division land management decisions and actions may not
result in a net loss of habitat land acreage available for hunting
and shooting opportunities on division owned wildlife management area lands that exists on the effective date of this section.
(f) On or before the first day of December, the division shall
submit an annual report to the Governor and to the Joint Committee
on Government and Finance, including the following:
(1) The acreage administered by the division that has been
closed during the previous year to recreational hunting and the
reasons for the closures; and
(2) The acreage administered by the division that, in order to
comply with the provisions of subsection (e) was opened to
recreational hunting to compensate for that acreage.