TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 42

STATE PARKS

67-4223.  Powers of board. The park and recreation board shall:

(1)  Adopt, amend or rescind rules as may be necessary for the proper administration of the provisions of section 67-4218, et seq., Idaho Code, and the use and protection of park and recreational areas subject to its jurisdiction. A violation of any rule promulgated by the board pursuant to this provision that concerns the use and protection of park and recreation areas is an infraction.

(2)  Make expenditures for the acquisition, leasing, care, control, supervision, improvement, development, extension and maintenance of all lands under the control of the department and to make arrangements, agreements, contracts or commitments, which may or may not involve expenditures or transfer of funds, with the head of any state institution, department or agency for the improvement or development of lands or properties under the control of the board, or any other department or agency of the state of Idaho.

(3)  Appoint advisory, local and regional park and recreational councils, to consider, study and advise in the work of the department for the extension, development, use and maintenance of any areas which are to be considered as future park or recreational sites or which are designated as park recreational areas.

(4)  Appoint a six (6) member recreational vehicle advisory committee, who shall be compensated as provided in section 59-509(f), Idaho Code, and act in an advisory capacity to the board on matters relating to the development and improvement of recreational vehicle related facilities and services as provided in subsection (5) of this section. Each member of the advisory committee shall be representative of recreational vehicle users with one (1) from each of the districts described in section 67-4221, Idaho Code. The terms of appointment shall be three (3) years, except that the initial appointees shall commence on the date of appointment and shall be of staggered lengths so that the term of two (2) members will expire annually.

(5)  Administer the funds derived from the state recreational vehicle fund established in section 49-448, Idaho Code, to provide financial assistance in the form of grants to public entities for the acquisition, lease, development, improvement, operations and maintenance of facilities and services designed to promote the health, safety and enjoyment of recreational vehicle users. Up to fifteen percent (15%) of the recreational vehicle fund generated each year may be used by the department to defray recreational vehicle program administrative costs. Any moneys unused at the end of the fiscal year shall be returned to the state treasurer for deposit in the recreational vehicle fund.

(6)  Cooperate with the United States and its agencies and local governments of the state for the purpose of acquiring, leasing, supervising, improving, developing, extending or maintaining lands which are designated as state parks, state monuments or state recreational areas and to secure agreements or contracts with the United States and its agencies or local governments of the state for the accomplishment of the purposes of section 67-4218, et seq., Idaho Code.

(7)  Construct, lease or otherwise establish public park or recreational privileges, facilities and conveniences and to operate said recreational services and to make and collect reasonable charges for their use or to enter into contracts for their operation. The board may discount fees in order to offer use incentives to generate additional revenue for operation of the state park system. The net proceeds derived shall be credited to the park and recreation fund established in section 67-4225, Idaho Code, and are hereby specifically appropriated to defray the cost of the public park or recreational services. The department is specifically authorized to enter into contracts with the United States and its agencies which require that the state expend any excess of revenue above expenses for improvements of the recreational or park area from which the excess was derived.

(a)  The board may provide for waiver of fees to any resident of Idaho who is a disabled veteran and whose disability is rated at one hundred percent (100%) or higher, permanent and total.

(b)  The board may provide for a reduction of no more than fifty percent (50%) of the fee charged for recreational vehicle camping, effective Monday night through Thursday night, for any senior citizen who possesses a valid federal "golden age passport" or other equivalent successor, as issued by a federally operated facility where an entrance fee is charged.

(c)  If any state recognizes senior citizens by offering a special park pass for use in that state, the board may provide for a reduction of no more than fifty percent (50%) of the fee charged for recreational vehicle camping, effective Monday night through Thursday night, for any person who possesses such a state park pass.

(d)  Nonresident fees for camping must be substantially double the same camping fees charged to residents at no fewer than five (5) state parks by January 1, 2022. Nonresident entry fees must be substantially double the same entry fees charged to residents at no fewer than five (5) state parks by January 1, 2022. A single park may have more than one (1) nonresident fee substantially doubled. Other than previously made reservations as of the effective date of this act, the minimum number of substantially doubled nonresident fees referenced in this paragraph must be in place by January 1, 2022. The board has the authority to increase fees for nonresidents beyond the fee caps established in the Idaho administrative code and other fees may also be increased for nonresidents if allowed by law and preexisting contractual obligations. Nothing in this paragraph limits the amounts or types of fees the board may charge nonresidents.

(8)  Prepare, maintain and keep up to date a comprehensive plan for the provision of the outdoor recreational resources of the state; to develop, operate and maintain or enter into leases or agreements with local governments for the operation and maintenance of outdoor recreational areas and facilities of the state, and to acquire lands, waters and interests in lands and waters for such areas and facilities.

(9)  Apply to any appropriate agency or officer of the United States for participation by the department or a political subdivision of the state or the receipt of aid from any federal program respecting outdoor recreation. It may enter into contracts and agreements with the United States or any appropriate agency thereof, keep financial and other records relating thereto and furnish to appropriate officials and agencies of the United States reports and information as may be reasonably necessary to enable officials and agencies to perform their duties under such programs. In connection with obtaining the benefits of any program, the park and recreation board shall coordinate its activities with and represent the interests of all agencies and subdivisions of the state having interests in the planning, development and maintenance of outdoor recreational resources and facilities.

(10) Obligate the state regarding the responsible management of any federal funds transferred to it for the purpose of any federal enactment and, in accordance with the exercise of this responsibility, the state hereby consents to be sued in any United States district court for the recovery of any federal funds that the responsible federal official, department or agency finds have been misused or disposed of contrary to the agreement with the federal official, department or agency or contrary to the provisions of federal enactment or applicable federal regulations.

(11) Cooperate and contract with and receive and expend aid, donations and matching funds from the government of the United States, receive and expend funds from the STORE and to receive and expend donations from other sources to acquire, develop, operate and maintain outdoor recreational areas and facilities of the state and, when authorized or directed by any act of congress or any rule or regulation of any agency of the government of the United States, to expend funds donated or granted to the state of Idaho by the federal government for such purposes.

Provided however, the park and recreation board shall make no commitment or enter into any agreement pursuant to an exercise of authority under section 67-4218, et seq., Idaho Code, until it has determined that sufficient funds are available to it for meeting the state’s share, if any, of project costs. It is legislative intent that, to the extent as may be necessary to assure the proper operation and maintenance of areas and facilities acquired or developed pursuant to any program participated in by this state under authority of section 67-4218, et seq., Idaho Code, such areas and facilities shall be publicly maintained for outdoor recreational purposes. The park and recreation board may enter into and administer agreements with the United States or any appropriate agency thereof for planning, acquisition and development projects involving participating federal-aid funds or state funds on behalf of any subdivision or subdivisions of this state. Provided, that the subdivision or subdivisions give necessary assurances to the park and recreation board that they have available sufficient funds to meet their shares, if any, of the cost of the project and that the acquired or developed areas will be operated and maintained at the expense of the subdivision or subdivisions for public outdoor recreational use.

(12) Establish, develop, supervise and maintain through cooperative agreement, lease, purchase or other arrangement the Idaho recreation trail system, with the advice of the coordinator created in section 67-4233, Idaho Code, and consistent with the goals of recreation, transportation and public access to outdoor areas.

(13) Enter into agreements with cities, counties, recreation districts or other political subdivisions of the state to cost-effectively provide recreational facilities, opportunities and services to the citizens of the state.

(14) Have the authority to regulate firearm discharges in state parks for the protection of the public. However, this subsection shall not apply to or affect a person discharging a firearm in the lawful defense of person, persons or property or to a person discharging a firearm in the course of lawful hunting. The possession or carrying of firearms is otherwise regulated by chapter 33, title 18, Idaho Code.

(15) Enter into agreements with private, nonprofit public benefit corporations and other persons, corporations and entities, as may be appropriate, to assist the department in its efforts to secure long-term funding sources for the state park and recreation system to ensure state parks are preserved and open for public use and enjoyment. Such agreements may include, but shall not be limited to, memberships, corporate and individual sponsorships, the sale of advertising, and marketing agreements to fund or promote, in whole or in part, state park and recreation events, programs and facilities. The board may encourage sponsorships by providing appropriate recognition to sponsors consistent with the mission of the department of parks and recreation as set forth in section 67-4219, Idaho Code. All revenue received from such agreements shall be deposited into the park and recreation fund pursuant to section 67-4225, Idaho Code.

History:

[67-4223, added 1965, ch. 85, sec. 6, p. 139; am. 1972, ch. 65, sec. 6, p. 108; am. 1974, ch. 300, sec. 3, p. 1763; am. 1985, ch. 184, sec. 3, p. 471; am. 1988, ch. 253, sec. 5, p. 491; am. 1988, ch. 265, sec. 585, p. 879; am. 1993, ch. 286, sec. 3, p. 975; am. 1995, ch. 40, sec. 1, p. 59; am. 1995, ch. 332, sec. 2, p. 1106; am. 1998, ch. 361, sec. 1, p. 1131; am. 2001, ch. 43, sec. 1, p. 80; am. 2002, ch. 225, sec. 2, p. 648; am. 2005, ch. 201, sec. 1, p. 609; am. 2006, ch. 229, sec. 2, p. 683; am. 2009, ch. 58, sec. 1, p. 162; am. 2015, ch. 335, sec. 1, p. 1265; am. 2021, ch. 92, sec. 1, p. 320.]