ENROLLED
H. B. 4567
(By Delegates Stalnaker, Cann, Fragale,
Caputo and DeLong)
[Passed March 8, 2008; in effect ninety days from passage.]
AN ACT to amend and reenact §20-5-16 of the Code of West Virginia,
1931, as amended, relating to allowing the Director of the
Division of Natural Resources to enter into contracts granting
long-term usage and related rights and privileges to third
parties sufficient to attract private investment for the
financing, construction and operation of additional lodging
units at Stonewall Jackson Lake State Park;
establishing
requirements and restrictions regarding the development,
operation and maintenance of additional lodging units and all
contracts related to the additional lodging units; requiring
the development of a lodging unit development plan that is to
be presented to the Joint Committee on Government and Finance
prior to development;
and protecting the state from any
liabilities or obligations associated with the development of
the
additional lodging units.
Be it enacted by the Legislature of West Virginia:
That §20-5-16 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. PARKS AND RECREATION.
§20-5-16. Authority to enter into contracts with third parties to
construct recreational facilities and cabins; public
comment.
(a) Notwithstanding any other provision of this code to the
contrary, in addition to all other powers and authority vested in
the director, he or she is hereby authorized and empowered to:
(1) Enter into contracts with third parties for the financing,
construction and operation of recreational, lodging and ancillary
facilities at Chief Logan State Park, Beech Fork State Park,
Tomlinson Run State Park, Stonewall Jackson Lake State Park, Lost
River State Park and Canaan Valley Resort State Park. The
contracts may allow and recognize both direct and subsidiary
investment arrangements. The term of the contracts may not exceed
a period of twenty-five years, at which time the full title to the
recreational facilities shall vest in the state, except as
otherwise provided in this section;
(2) Enter into contracts with third parties for the
construction, but not the operation, of cabins at any state park or
forest. Upon completion of the construction of the cabins, full
title to the cabins shall immediately vest in the state and the
cabins shall be operated by the parks and recreation section;
(3) Authorize the construction of at least five cabins by any
single third party in state parks and state forests which do not
offer the facilities on the effective date of this subsection; and
(4) Propose emergency and legislative rules, in accordance
with the provisions of article three, chapter twenty-nine-a of this
code, that set the conditions upon which the director may enter
into a contract with a single third party proposing to construct
cabins.
(b) All contracts shall be presented to the Joint Committee on
Government and Finance for review and comment prior to execution.
(c) A contract may provide for renewal for the purpose of
permitting continued operation of the facilities at the option of
the director for a term or terms not to exceed ten years.
(d) Except as otherwise authorized by this section, no
extension or renewal beyond the original twenty-five year term may
be executed by the director absent the approval of the Joint
Committee on Government and Finance.
(e) Stonewall Jackson Lake State Park. --
(1) With respect to the financing, construction and operation
of lodging at Stonewall Jackson Lake State Park, in addition to the
lodging in existence as of the first day of July, two thousand
eight, contracts entered into pursuant to this section may grant,
convey or provide for commercially reasonable lodging usage and
related rights and privileges all on terms and conditions as the director may deem appropriate, desirable or necessary to attract
private investment for the construction of additional lodging
units.
(2) N
o contracts may be entered into prior to the preparation
of lodging unit development plans and standard lodging unit
contract documents in a form and at a level of detail acceptable to
the United States Army Corps of Engineers and the director, and
subsequent to the presentation of the lodging unit development
plans and standard lodging unit contract documents to the Joint
Committee on Government and Finance for review and comment.
(3) At a minimum, the lodging unit development plans and
standard lodging unit contracts
shall comply with the following
requirements
:
(A) That no more than one hundred additional lodging units may
be constructed, in addition to the lodging in existence as of the
first day of July, two thousand eight;
(B) That lodging unit contracts, with respect to any
additional lodging units that may be financed, constructed or
operated pursuant to the provision of this section, shall generally
conform to the contracts entered into by federal agencies or the
National Park Service with private parties regarding privately
financed property that is constructed, developed or operated on
public lands administered by federal agencies or the National Park
Service, subject to modification and adaptation by the director as the director deems appropriate, suitable and relevant to any
lodging units to be constructed at Stonewall Jackson Lake State
Park.
(C) That a party granted rights and privileges under lodging
unit contracts awarded under the provisions of this subsection
shall have the right to renew his, her or its lodging unit contract
for successive terms not to
extend beyond the termination date of
the state's lease with the United States Army Corps of Engineers;
or, in the event that the state's lease with the United States Army
Corps of Engineers is extended beyond the termination date of the
lease as of the first day of July, two thousand seven, not to
exceed five ten-year extensions or renewals beyond the termination
date of the lease between the state and the United States Army
Corps of Engineers in effect as of the first day of July, two
thousand seven
: Provided, That the party extended the renewal
rights is in compliance with all material rights, duties and
obligations arising under his, her or its contract and all relevant
and applicable provisions of federal, state and local laws, rules,
regulations, contracts or agreements at the time of renewal:
Provided, however, That if and in the event the director makes an
affirmative determination that further renewals beyond the time
periods set forth in this subsection are in the best interest of
the state and Stonewall Jackson Lake State Park, giving due
consideration to financial, operational and other considerations deemed relevant and material by the director, that the director may
authorize further renewals;
(D) That all rights and privileges arising under a lodging
unit contract shall be transferred to the state or the state's
designee upon the expiration or termination of the contract, upon
the terms and conditions as each contract may provide or as may
otherwise be agreed upon between the parties;
(E)
That the state is not, and cannot be, obligated for any
costs, expenses, fees or other charges associated with the
development of the additional lodging units under this subsection
or the operation and maintenance of the additional lodging units
over time, including, but not limited to, costs associated with
infrastructure improvements associated with development or
operation of the additional lodging units. In his or her
discretion, t
he director may engage professionals to assist the
state in connection with its review and oversight of development of
the additional lodging units;
(F) That at any time following the initial term and first
renewal period of any lodging unit contract entered into with a
private party with respect to an additional lodging unit that is
constructed under this section, the state shall have the right and
option, in its sole discretion, to purchase a lodging unit or
lodging units in accordance with the provisions of this subsection
and any and all contracts that may be entered into from time to time under this section;
(G) That at its sole option and discretion,
the state may
elect to purchase a lodging unit from a private party. In that
event
, the private party shall be paid the fair value of the
private party's residual rights and privileges under the lodging
unit contract, the residual rights and privileges to be valued
generally in accordance with the valuation standards set forth in
the National Park Service's standard contract provisions, or other
relevant federal agency standards applicable to similar or like
contract rights and provisions as may be in existence at the time
of transfer, all as the same may be deemed relevant and appropriate
by the director, and all in the exercise of the director's
reasonable discretion.
Nothing in this section is intended or shall
be construed to impose an obligation on the state to purchase,
purchase, buy, buy out or otherwise acquire or pay for any lodging
unit under this section, or to limit the right and ability of a
private party to donate or contribute his, her or its interest in
and to any lodging unit constructed under this section to the state
or any charitable foundation that may be established and operating
from time to time to support the continued operation and
development of Stonewall Jackson Lake State Park;
(H) That the state shall have no obligation whatsoever to
purchase, buy, buy out or otherwise acquire or pay for any lodging
unit that is developed or constructed under this section; and
(I) The director shall have the right to review and approve
the form and content of all contracts that may be entered into
pursuant to this subsection in connection with the development,
operation and maintenance of additional lodging units at Stonewall
Jackson Lake State Park.
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