HF 850

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; requiring the 
  1.3             commissioner of natural resources to enter into an 
  1.4             agreement for local management of the Rush river 
  1.5             wayside unit of the Minnesota Valley state recreation 
  1.6             area. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [DEFINITIONS.] 
  1.9      Subdivision 1.  [APPLICATION.] For purposes of this act, 
  1.10  the following terms have the meanings given them in this section.
  1.11     Subd. 2.  [LOCAL ENTITY.] "Local entity" means the city of 
  1.12  Henderson, Sibley county, or a local nonprofit organization 
  1.13  established solely to manage and operate the park. 
  1.14     Subd. 3.  [PARK.] "Park" means the portion of the Minnesota 
  1.15  Valley state recreation area commonly known as the Rush river 
  1.16  wayside unit. 
  1.17     Subd. 4.  [COMMISSIONER.] "Commissioner" means the 
  1.18  commissioner of natural resources. 
  1.19     Subd. 5.  [AGREEMENT.] "Agreement" means the cooperative 
  1.20  management agreement described in section 3. 
  1.21     Sec. 2.  [COOPERATIVE AGREEMENT REQUIRED FOR RUSH RIVER 
  1.22  RECREATIONAL AREA.] 
  1.23     The commissioner of natural resources must enter into a 
  1.24  cooperative management agreement with a local entity that 
  1.25  provides the commissioner with a proposed cooperative management 
  1.26  agreement that meets the requirements of section 3.  The 
  2.1   agreement must begin no earlier than June 1, 2003, and terminate 
  2.2   on June 1, 2005, except that the agreement may be extended for 
  2.3   an additional period of up to ten years at the option of the 
  2.4   local entity.  The Rush river wayside unit shall be known as 
  2.5   Rush river recreational area while under local management.  The 
  2.6   state shall retain title to the land for the park. 
  2.7      Sec. 3.  [TERMS OF COOPERATIVE MANAGEMENT AGREEMENT.] 
  2.8      (a) The cooperative management agreement must contain the 
  2.9   provisions in paragraphs (b) to (l). 
  2.10     (b) The agreement must contain a property description 
  2.11  sufficient to identify the exact boundaries of the area subject 
  2.12  to the agreement. 
  2.13     (c) The city of Henderson or Sibley county must agree to 
  2.14  provide a reasonable level of law enforcement, including law 
  2.15  enforcement patrols. 
  2.16     (d) The local entity must designate reasonable hours of 
  2.17  operation for the park. 
  2.18     (e) The agreement must contain a specific description of 
  2.19  the duties and obligations of the local entity for preserving 
  2.20  the natural resources in the park. 
  2.21     (f) The local entity must specify the fees to be charged 
  2.22  for use of the park, camping, horseback riding, and other 
  2.23  services or activities, if any, and must dedicate the revenues 
  2.24  for park management, maintenance, and operation.  The local 
  2.25  entity may establish a limit on the number of campsites in the 
  2.26  park. 
  2.27     (g) The local entity may supplement revenues for the park 
  2.28  from charitable and local government contributions. 
  2.29     (h) The local entity may not make any public improvements 
  2.30  of a capital nature to the park without the express written 
  2.31  consent of the commissioner.  This paragraph does not prevent 
  2.32  the local entity from providing repairs and maintenance for 
  2.33  trails and other existing improvements to the park nor does it 
  2.34  prohibit the local entity from constructing manure pits, fire 
  2.35  pits, or posting signs within the park. 
  2.36     (i) The local entity must agree to provide satisfactory 
  3.1   liability insurance for the operation of the park. 
  3.2      (j) If the local entity fails to perform under the terms of 
  3.3   the agreement or fails to adequately preserve the natural 
  3.4   resources in the park, the commissioner must provide a notice of 
  3.5   noncompliance to the local entity.  If the local entity fails to 
  3.6   correct the item of noncompliance within 60 days, the 
  3.7   commissioner may cancel the agreement. 
  3.8      (k) The local entity must provide an annual accounting to 
  3.9   the commissioner regarding all income generated from fees for 
  3.10  various uses of the park, income from other sources, and 
  3.11  expenses incurred in the operation and management of the park. 
  3.12     (l) The commissioner may inspect the park at any reasonable 
  3.13  time to ensure that the natural resources and the public 
  3.14  improvements of the park are adequately protected and that the 
  3.15  local entity is providing a reasonable level of services to 
  3.16  users of the park. 
  3.17     Sec. 4.  [ENTRANCE FEES; STATE PARK PERMITS.] 
  3.18     Subdivision 1.  [REVENUE SHARING.] Notwithstanding 
  3.19  Minnesota Statutes, section 85.055, subdivision 2, the 
  3.20  commissioner may elect to provide a pro rata share of revenues 
  3.21  from the sale of state park permits under Minnesota Statutes, 
  3.22  section 85.055, subdivision 1, to the local entity operating the 
  3.23  park for use under the terms of the agreement.  The share of 
  3.24  revenues must be derived from the park's share of daily visitors 
  3.25  to all state parks.  If the commissioner provides revenue under 
  3.26  this subdivision, a state park permit issued under Minnesota 
  3.27  Statutes, section 85.053, is required for motor vehicles 
  3.28  entering the park and the local entity may sell state park 
  3.29  permits at the park. 
  3.30     Subd. 2.  [ADMISSION FEE.] If the commissioner elects not 
  3.31  to provide revenue to the local entity under subdivision 1, the 
  3.32  local entity may charge reasonable admission fees for entrance 
  3.33  to the park, provided that the specific fees are listed in the 
  3.34  cooperative management agreement.  Notwithstanding Minnesota 
  3.35  Statutes, section 85.053, subdivision 2, a state park permit is 
  3.36  not required for admission to the park if the local entity 
  4.1   charges an admission fee. 
  4.2      Sec. 5.  [LOCAL MANAGEMENT ENTITY; IMMUNITY.] 
  4.3      If the local entity operating the park is a nonprofit 
  4.4   organization, the organization and its individual members are 
  4.5   expressly immune from liability under Minnesota Statutes, 
  4.6   section 466.03, subdivision 6e, for the operation of the park. 
  4.7      Sec. 6.  [EFFECTIVE DATE.] 
  4.8      This act is effective the day following final enactment.