SENATE CONCURRENT RESOLUTION 69

(By Senators Maynard, Swope, Martin, Jeffries, Nelson, Smith, Lindsay, Stover, Maroney, Sypolt, Caputo, and Woodrum)

[Originating in the Committee on Government Organization; reported on April 6, 2021]

Requesting the Department of Economic Development, in collaboration and consultation with the State Department of Commerce, the State Department of Tourism, and the State Department of Transportation, study, develop, and present a plan to promote adventure travel throughout the state.

Whereas, Adventure travel is enjoying an ever-increasing popularity in West Virginia; and

Whereas, Adventure travel includes both motorized recreation and motorized off-highway access to nonmotorized recreation activities; and

Whereas, The indiscriminate and uncontrolled use of those vehicles may have a deleterious impact on the environment, wildlife habitats, sensitive areas, native wildlife, and native flora; and

Whereas, The Legislature hereby declares that effectively managed areas and adequate facilities for the use of off-highway vehicles, conservation, and enforcement are essential for ecologically balanced recreation; and

Whereas, Existing adventure travel recreational areas, facilities, and opportunities should be expanded and managed in a manner consistent with this article, with particular focus on maintaining sustained, long-term use; and

Whereas, New adventure travel recreational areas, facilities, and opportunities should be provided and managed pursuant to this article in a manner that will conscientiously sustain long-term use; and

Whereas, The Department of Commerce should support both motorized adventure travel recreation and motorized off-highway access to nonmotorized recreation; and

Whereas, When an area or trail or portion thereof cannot be maintained to appropriate established standards for sustained long-term use, it should be closed to use and brought back into compliance with those standards. Those areas should remain closed until they can be managed within soil conservation and wildlife protection standards and, if these standards cannot be met, those areas should, at a minimum, be restored to the condition prior to the use of the area, trail, or portion designated for vehicular recreation; and

Whereas, Adventure travel motor vehicle recreation should be managed through financial assistance to local governments and joint undertakings with agencies of the United States; therefore, be it

Resolved by the Legislature of West Virginia:

That the Department of Economic Development, in collaboration and consultation with the State Department of Commerce, the State Department of Tourism, and the State Department of Transportation, is hereby requested to develop and present a plan to promote adventure travel throughout the state; and, be it

Further Resolved, That this plan shall include, but not be limited to, programs to encourage federal funding of adventure travel initiatives; and, be it

Further Resolved, That the plan shall consider the following areas:

(1)  Limiting liability of railroad companies which allow unused rail lines to be used for tourism or the public good;

(2)  Creation of the Office of Adventure Travel Recreation;

(3)  Earmarking a portion of the State Road Fund to benefit adventure travel recreation;

(4)  Updating the Division of Highways road abandonment and discontinuance rules and procedures;

(5)  Mapping all roads in state forests, state parks, national forests, and national parks which are state roads;

(6)   Updating the Division of Highways reporting mechanism for illegal gates and other public road blockages;

(7)  Authorization of the Division of Natural Resources to make rules consistent with federal outfitter and guide operating guidelines, and to require training and permitting for outfitters offering jeep tour services;

(8)  Creation of wildlife viewing stamps which allow public access to normally inaccessible state roads during certain times of year;

(9)  Creation of dispersed camping stamps which allow public access to normally inaccessible state property during certain times of year; and

(10)  Creation of an Adopt-A-Trail program which would allow volunteer organizations to participate in trail beautification in the state; and, be it

Further Resolved, That the Department Economic Development report to the regular session of the Legislature, 2022, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid by the Joint Committee on Government and Finance.