1998 Legislation
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HOUSE BILL NO. 566 – Ponderosa State Park, land exchange

HOUSE BILL NO. 566

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Daily Data Tracking History



H0566.........................................by RESOURCES AND CONSERVATION
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,
to provide that the Park and Recreation Board has agreed to acquire title
to the described endowment lands, to provide that it is the intent of the
legislature to provide funds for the described land exchange and to
appropriate $1,000,000 to the Idaho Park and Recreation Park Land Trust
Account for the acquisition of the specified endowment lands for park
purposes.

01/30    House intro - 1st rdg - to printing
02/02    Rpt prt - to Approp

Bill Text


H0566


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 566

                         BY RESOURCES AND CONSERVATION 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, TO PROVIDE THAT IT IS THE INTENT OF THE LEGIS-
11        LATURE TO PROVIDE FUNDS FOR THE DESCRIBED LAND EXCHANGE, AND TO  APPROPRI-
12        ATE  ONE  MILLION DOLLARS TO THE IDAHO PARK AND RECREATION PARK LAND TRUST
13        ACCOUNT FOR THE ACQUISITION OF THE SPECIFIED ENDOWMENT LANDS FOR PARK PUR-
14        POSES.

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

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

19        58-507.  LEGISLATIVE FINDINGS AND PURPOSES. (1)  The  legislature  of  the
20    state of Idaho finds:
21        (a)  That  the  following  described  tracts of endowment land, containing
22        fifty-seven and two-tenths (57.2) acres of endowment land, more  or  less,
23        managed  by the state board of land commissioners, are located near, adja-
24        cent to, or within the boundaries of Ponderosa  State  Park  near  McCall,
25        Idaho:
26             (i)   Part  Government Lot 1, Part Government Lot 2, Section 4, T18N,
27             R3E, B.M., containing forty-eight (48) acres, more or less, and  com-
28             monly referred to as Lakeview Village;
29             (ii)  One  (1) parcel of vacant land in Government Lots 1 and 2, Sec-
30             tion 4, T18N, R3E, B.M., containing six (6) acres, more or less;
31             (iii) Part Government Lot 7, Section 34, T19N, R3E, B.M.,  containing
32             two  and eight-tenths (2.8) acres, more or less, commonly referred to
33             as the Nazarene Church Camp;
34             (iv)  One (1) cottage site lease lot in Government Lot 7, Section 34,
35             T19N, R3E, B.M., containing four-tenths (0.4) acres,  more  or  less,
36             currently leased to Marie Whitesel.
37        (b)  That the Idaho park and recreation board manages Ponderosa State Park
38        for  public recreation and desires to consolidate ownership and management
39        of the described parcels of endowment land with the existing park;
40        (c)  That endowment lands are held in trust by the  state  board  of  land
41        commissioners  and are managed to generate the maximum long-term financial
42        returns to the institution to which granted, or to the state if  not  spe-
43        cifically granted;


                                      2

 1        (d)  That  any  transaction  in  which the Idaho park and recreation board
 2        acquires title to endowment lands, for inclusion in Ponderosa State  Park,
 3        the  state  board of land commmissioners shall receive title to real prop-
 4        erty of equivalent market value through land exchange;
 5        (e)  The Idaho park and recreation board and the state board of land  com-
 6        missioners  have  agreed  to enter into a contract by which the Idaho park
 7        and recreation board may acquire the described endowment lands, associated
 8        timber, and improvements now owned by the state board of land  commission-
 9        ers,  through  land exchange at not less than fair market value, as deter-
10        mined by qualified appraisals;
11        (f)  The Idaho park and recreation board has agreed to  acquire  title  to
12        the described endowment lands subject to any outstanding rights and reser-
13        vations  of record, and shall pay all costs of the transactions including,
14        but not limited to, surveys and appraisals;
15        (g)  It is the intent  of  the  legislature  to  provide  funds  for  this
16        exchange to the Idaho park and recreation board in a timely manner.
17        (2)  Therefore,  there  is  hereby  appropriated  to  the  park land trust
18    account the sum of one million dollars ($1,000,000)  from  the  general  fund.
19    These  moneys  may  only  be  used  by  the Idaho park and recreation board to
20    acquire property, selected by the state board of  land  commissioners,  to  be
21    exchanged  for  the endowment lands described in paragraph (1)(a) of this sec-
22    tion.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                             RS 07755
         The purpose of this act is to appropriate funds to the Idaho Park and
Recreation Board so the board may acquire selected real property and enter
into 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 to be acquired by IDPR and then trade the purchase
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: Stan Hamilton, Director: Dept Lands H566