Senate Bill No. 92
(By Senator Love)
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[Introduced January 9, 2002; referred to the Committee
on Natural Resources; and then to the Committee on Finance.]
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A BILL to amend and reenact section three, article five, chapter
twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to transferring
Big Ditch Lake wildlife management area from the wildlife
resources section of the West Virginia division of natural
resources to the parks section of the division of natural
resources.
Be it enacted by the Legislature of West Virginia:
That section three, article five, chapter twenty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. PARKS AND RECREATION.
§20-5-3. Section of parks and recreation; purpose; powers and
duties generally.
The purposes of the section of parks and recreation shall
be to promote conservation by preserving and protecting natural
areas of unique or exceptional scenic, scientific, cultural,
archaeological or historic significance and to provide outdoor
recreational opportunities for the citizens of this state and
its visitors. It shall be the duty of the section of parks and
recreation to have within its jurisdiction and supervision:
(a) All state parks and recreation areas, including all
lodges, cabins, swimming pools, motorboating and all other
recreational facilities therein, except the roads heretofore
transferred pursuant to section one, article four, chapter
seventeen of this code to the state road system and to the
responsibility of the commissioner of highways with respect to
the construction, reconstruction and maintenance of the roads or
any future roads for public usage on publicly owned lands for
future state parks, state forests and public hunting and fishing
areas;
(b) The authority and responsibility to do the necessary
cutting and planting of vegetation along road rights-of-way in
state parks and recreational areas;
(c) The administration of all laws and regulations relating
to the establishment, development, protection, use and enjoyment
of all state parks and state recreational facilities consistent with the provisions of this article;
(d) The continued operation and maintenance of the Berkeley
Springs historical state park, in Morgan County, as a state
recreational facility, designated the Berkeley Springs
sanitarium under prior enactment of this code;
(e) The continued operation and maintenance of that portion
of Washington Carver camp in Fayette County formerly
incorporated within the boundaries of Babcock state park;
(f) The continued operation and maintenance of Camp Creek
state park as a state recreational facility, formerly delineated
according to section three, article one-a, chapter nineteen of
this code;
(g) The continued operation and maintenance of Moncove Lake
state park as a state recreational facility, formerly delineated
pursuant to enactment of section thirteen, article one, chapter
five-b of this code in the year one thousand nine hundred
ninety;
(h) The continued operation and maintenance of Big Ditch
Lake state park as a state recreational facility, formerly
designated as Big Ditch Lake wildlife management area;
(h) (i) The continued protection, operation and maintenance
of approximately seventy-five miles of right-of-way along the
former Greenbrier subdivision of the Chessie railroad system between Caldwell in Greenbrier County and Cass in Pocahontas
County, designated the Greenbrier river trail, including the
protection of the trail from motorized vehicular traffic and
operation for the protection of adjacent public and private
property; and
(i) (j) The continued protection, operation and maintenance
of approximately sixty and fifty-seven one-hundredths miles of
right-of-way of the CSX railway system between Walker in Wood
County and Wilsonburg in Harrison County, designated the North
Bend rail trail, including the protection of the trail from
motorized vehicular traffic and operation for the protection of
adjacent public and private property.
NOTE: The purpose of this bill is to transfer Big Ditch
Lake Wildlife Management Area from the Wildlife Resources
section of the West Virginia Division of Natural Resources to
the Parks section of the DNR.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.