H. B. 3119

(By Mr. Speaker, Mr. Kiss and Delegates Varner,
Williams, Crosier, Kominar, Stemple, Beane, Perry,
H. White, Michael and Campbell)
[Introduced March 21, 2005; referred to the
Committee on Agriculture and Natural Resources then the Judiciary.]

A BILL to amend and reenact §20-1-10 of the Code of West Virginia, 1931, as amended, relating to providing that the Division of Natural Resources may not reduce the habitat land acreage available for hunting and shooting opportunities unless the Division opens other areas to recreational hunting and shooting so that there is not a net loss of habitat land acreage available for hunting and shooting.

Be it enacted by the Legislature of West Virginia:
That §20-1-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

§20-1-10. Property management.

(a) The department Division shall maintain at all times an accurate record of all of its lands, interests in lands, buildings, structures, equipment and other tangible properties and assets. Such The record shall reflect the location, utility, condition and estimated value of all such properties and assets. The department Division shall provide for the maintenance, preservation and custody of all such properties and assets, and when any item or items thereof become obsolete or are no longer needed, the department Division shall report thereon to the Department of Finance and Administration for disposition thereof.
(b) The Director shall select and designate a competent and qualified person as department Division property officer, who shall be responsible for the department's Division's records relating to its properties and assets and for the maintenance, preservation, custody and disposition of all such properties and assets as herein provided.
(c) Subject to valid existing rights, Division managed lands shall be open to access and use for recreational hunting and shooting except as limited by the Division for reasons of public safety, fish and wildlife management or homeland security or as otherwise limited by law.
(d) The Division shall exercise its authority consistent with subsection (c) to support, promote and enhance recreational hunting and shooting opportunities, to the extent authorized by statute. The Division shall give preference to hunting and shooting over other uses of Division managed lands.
(e) Division land management decisions and actions may not result in a net loss of habitat land acreage available for hunting and shooting opportunities on Division managed lands that exists on the effective date of this section.
(f) By the first day of October of each year, the Director shall submit to the Speaker of the House of Delegates and the President of the Senate a written report describing:
(1) The acreage administered by the Division that has been closed during the previous year to recreational hunting and the reasons for the closures; and
(2) The acreage administered by the Division that, in order to comply with the provisions of subsection (e) was opened to recreational hunting to compensate for that acreage.



NOTE: The purpose of this bill is to provide that the Division of Natural Resources may not reduce the habitat land acreage available for hunting and shooting opportunities unless the Division opens other areas to recreational hunting and shooting so that there is not a net loss of habitat land acreage available for hunting and shooting.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.