1998 Legislation
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HOUSE BILL NO. 791 – Ponderosa State Park, land exchange

HOUSE BILL NO. 791

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Daily Data Tracking History



H0791.....................................................by WAYS AND MEANS
PONDEROSA STATE PARK - Adds to existing law to provide legislative findings
and purposes; to describe certain endowment lands located near, adjacent to
or within Ponderosa State Park; to describe the management of Ponderosa
State Park; to provide that the State Board of Land Commissioners shall
receive title to real property of equivalent value through land exchange;
and to provide that the Park and Recreation Board has agreed to acquire
title to the described endowment lands.

03/02    House intro - 1st rdg - to printing
03/03    Rpt prt - to 2nd rdg
03/04    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 66-0-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Crane, Crow, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
      Geddes, Gould, Hadley, Henbest, Hornbeck, Jaquet, Jones(9),
      Jones(22), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
      Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
      Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
      Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
      Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Clark, Cuddy, Hansen, Jones(20)
    Floor Sponsor - Black(15)
    Title apvd - to Senate
03/09    Senate intro - 1st rdg - to Res/Env
03/12    Rpt out - rec d/p - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Sweeney, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Hansen
    Floor Sponsor - Danielson
    Title apvd - to House
03/19    To enrol - rpt enrol - Sp signed
    Pres signed - to Governor
03/24    Governor signed
         Session Law Chapter 289
         Effective: 07/01/98

Bill Text


H0791


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 791

                               BY WAYS AND MEANS COMMITTEE

 1                                        AN ACT
 2    RELATING TO ACQUIRING SPECIFIED ENDOWMENT  LANDS  FOR  PONDEROSA  STATE  PARK;
 3        AMENDING CHAPTER 5, TITLE 58, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
 4        58-507,  IDAHO  CODE,  TO  PROVIDE  LEGISLATIVE  FINDINGS AND PURPOSES, TO
 5        DESCRIBE CERTAIN ENDOWMENT LANDS LOCATED  NEAR,  ADJACENT  TO,  OR  WITHIN
 6        PONDEROSA  STATE PARK, TO DESCRIBE THE MANAGEMENT OF PONDEROSA STATE PARK,
 7        TO PROVIDE THAT THE STATE BOARD OF LAND COMMISSIONERS SHALL RECEIVE  TITLE
 8        TO  REAL  PROPERTY  OF  EQUIVALENT VALUE THROUGH LAND EXCHANGE, TO PROVIDE
 9        THAT THE PARK AND RECREATION BOARD HAS AGREED  TO  ACQUIRE  TITLE  TO  THE
10        DESCRIBED ENDOWMENT LANDS AND TO PROVIDE THAT IT IS THE INTENT OF THE LEG-
11        ISLATURE TO PROVIDE FUNDS FOR THE DESCRIBED LAND EXCHANGE.

12    Be It Enacted by the Legislature of the State of Idaho:

13        SECTION  1.  That  Chapter  5,  Title  58, Idaho Code, be, and the same is
14    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
15    known and designated as Section 58-507, Idaho Code, and to read as follows:

16        58-507.  LEGISLATIVE  FINDINGS  AND PURPOSES. The legislature of the state
17    of Idaho finds:
18        (1)  That the following described tracts  of  endowment  land,  containing
19    fifty-seven  and two-tenths (57.2) acres of endowment land, more or less, man-
20    aged by the state board of land commissioners, are located near, adjacent  to,
21    or within the boundaries of Ponderosa State Park near McCall, Idaho:
22        (a)  Part  Government  Lot 1, Part Government Lot 2, Section 4, T18N, R3E,
23        B.M., containing forty-eight  (48)  acres,  more  or  less,  and  commonly
24        referred to as Lakeview Village;
25        (b)  One  (1) parcel of vacant land in Government Lots 1 and 2, Section 4,
26        T18N, R3E, B.M., containing six (6) acres, more or less;
27        (c)  Part Government Lot 7, Section 34, T19N, R3E,  B.M.,  containing  two
28        and  eight-tenths  (2.8)  acres, more or less, commonly referred to as the
29        Nazarene Church Camp;
30        (d)  One (1) cottage site lease lot in Government Lot 7, Section 34, T19N,
31        R3E, B.M., containing four-tenths (.4)  acres,  more  or  less,  currently
32        leased to Marie Whitesel.
33        (2)  That the Idaho park and recreation board manages Ponderosa State Park
34    for  public  recreation and desires to consolidate ownership and management of
35    the described parcels of endowment land with the existing park;
36        (3)  That endowment lands are held in trust by the  state  board  of  land
37    commissioners  and  are  managed  to  generate the maximum long-term financial
38    returns to the institution to which granted, or to the state if  not  specifi-
39    cally granted;
40        (4)  That  any  transaction  in  which the Idaho park and recreation board
41    acquires title to endowment lands, for inclusion in Ponderosa State Park,  the
42    state  board  of  land  commissioners  shall receive title to real property of
43    equivalent market value through land exchange;


                                      2

 1        (5)  The Idaho park and recreation board and the state board of land  com-
 2    missioners  have  agreed  to enter into a contract by which the Idaho park and
 3    recreation board may acquire the described endowment lands, associated timber,
 4    and improvements now owned by the state board of land  commissioners,  through
 5    land  exchange  at not less than fair market value, as determined by qualified
 6    appraisals;
 7        (6)  The Idaho park and recreation board has agreed to  acquire  title  to
 8    the  described  endowment lands subject to any outstanding rights and reserva-
 9    tions of record, and shall pay all costs of the  transactions  including,  but
10    not limited to, surveys and appraisals;
11        (7)  It  is  the  intent  of  the  legislature  to  provide funds for this
12    exchange to the Idaho park and recreation board in a timely manner.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                             RS08098
   The purpose of this act is to allow the Idaho Parks and Recreation Board
to acquire selected real property and enter in a land exchange with the State
Board of Land Commissioners.  Through exchange, the parks board would acquire
specified endowment lands for Ponderosa State Park, and the state land board
would acquire selected lands purchased by state parks.
   There are 3.2 acres of Normal School Endowment land within the current
boundary of Ponderosa Park and 54 acres of Normal School Endowment land
adjacent to the south boundary of the park.
   The 3.2 acres inside the park are currently leased as a church camp
(Nazarene Church, 2.8 acres) and a cottage site (Marie Whitesel, 0.4 acres). 
Both lessees are agreeable to a land exchange of these properties.
   The 54 acres (Lakeview village) adjacent to the park is leased to the park
and used as part of Ponderosa Park.  Any use of these lands that is not
compatible with the park could have severe negative impacts on the park's
ability to provide for unmet public demand for recreation.
   Ponderosa Park is a unique resource situated in an ideal location to
provide recreation to over 60% of the state's population.  The long-term
solution to this issue is for Parks and Recreation to own these properties.
   Extensive local and regional support exists to transfer ownership of these
endowment lands to IDPR.  The location of these lands makes it essential for
Parks to own them.  The use of these lands by Parks does not provide the
Department of Lands with the ability to maximize long term revenue for the
endowment beneficiary.
   Endowment lands are held in trust by the state board of land commissioners
and are managed to generate the maximum long-term revenue for the beneficiary. 
Retaining and managing land provides a hedge against inflation and maximizes
revenue over the long term.  This act would fund IDPR to purchase real
property, selected by the state board of land commissioners, equal in value to
the property to be acquired by IDPR and then trade the purchased property to
the state board of land commissioners.  Land exchange does not require a
public auction of the land IDPR would acquire.  Real property traded to the
state board of land commissioners would be managed to provide the maximum
long-term revenue to the Normal School Endowment.  These revenues offset
general fund support for the beneficiary.
                           FISCAL NOTE
  This acquisition will require an initial appropriation of $1,000,000, with
subsequent appropriations over several years, in an amount equal to the
appraised value of the endowment lands, plus interest.
  Receipts from operating the campgrounds on these lands will fund the
operating expenses and personnel required by state parks.  No new FTEs will be
needed to operate the campgrounds.  However, some additional seasonal
employees may be needed.  Funding for seasonal help would be taken from
receipts.
  The public would benefit through increased recreation opportunities within
easy driving distance of 60% of Idaho's population.  The Normal School
Endowment would benefit through increased opportunity to maximize the long-term revenue from leases at market rates.  Lease revenue offsets general fund
support for the beneficiary.
CONTACT: Representative Max Black 332-1120

           Bill No. H791