H. B. 2218
(By Delegates Michael, Willison, J. Martin
and Mezzatesta)
[Introduced January 24, 1995; referred to the
Committee on Government Organization then the Finance.]
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) For the following categories of land, title to which is
held by an agency or instrumentality of the state, the agency
having ownership, or, in the case of land held by the public land
corporation, the agency charged with management or control over
the land, shall develop and adopt a land management plan: All
agricultural land, including land used for arboriculture,
silviculture, horticulture and grazing; all timberland and forest
land; all natural resources property, as defined in section ten,
article one-c, chapter eleven of this code; and all undeveloped
acreage located outside of municipalities.
(b) Each land management plan shall determine the optimum
use or disposition of the land and shall include a brief
description of all improvements and all information relating to
easements, natural resources, mineral rights, appurtenances,
equipment, agricultural products, livestock, inventories or
facilities as may be necessary to develop the land management
plan. Each plan shall set forth the objectives of the agency
with respect to the land, the criteria by which the agency has
determined the optimum use or disposition of the property, and determinations as to whether the land shall be used in the
production or development of natural resources, held for
recreational or other specified uses, or sold, or leased in whole
or in part. Planned activities and uses with respect to the land
shall be detailed for at least five years specifically and at
least ten years generally and shall include a cost/benefit
analysis of options or alternatives for action. Each agency land
management plan shall detail planned actions to protect the land
from erosion, fire, plant and animal pests, noxious insects,
noxious weeds and plant and animal diseases.
(c) In the case of land subject to rights granted by
existing contracts, leases, licenses or easements, the relevant
land management plan shall include a determination as to whether
the interest granted should be continued or withdrawn. In the
case of land managed under plans adopted prior to the effective
date of this section in the year one thousand nine hundred
ninety-five, the plans shall be reviewed and amended by the
agency as may be necessary. Prior to the adoption of any plan,
each agency shall consult with the appropriate secretaries or administrators of state government and shall request from the
general public and from the appropriate secretaries or
administrators suggestions for land use and resource development
on the land.
(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 in the year one
thousand nine hundred ninety-five, a comprehensive topical
outline of that agency's land management plan, and, within one
year of the effective date of this section, a final land
management plan 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 1995 Regular Session.