SB 321 — Relating to powers and duties of Public Land Corporation

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 321 By Senators Blair and Boso [Introduced[Originating Januaryin 18,the 2018;Committee on Government Organization;

ReferredReported toon theFebruary Committee9, on2018] Government  Organization]  A BILL to amend and reenact §5A-11-3 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of the Public Land Corporation;

allowing the proceeds of public lands to be given to the agency or institution assignedwith title to the public land;

Public Land Corporation,Corporation; powers and duties.

powers and duties.

(1) Acquire from any persons or the State Auditor or any local, statestate, or federal agency, by purchase, leaselease, or other agreement, any lands necessary and required for public use;

(2) Acquire by purchase, condemnation, leaselease, or agreement, receive by gifts and devisesdevises, or exchange, rights-of-way, easements, waterswaters, and minerals suitable for public use;

or (C) The tract, because of its location or other characteristics, is difficult and uneconomic to manage as part of the public lands and is not suitable for management by another state department or agency.agency;

(4) Sell, purchasepurchase, or exchange lands or stumpage for the purpose of consolidating lands under state or federal government administration subject to the disposal criteria specified in subdivision§5A-11-3-(a)(3) (3) of this subsection;code;

(B) Purchase, develop, restorerestore, and preserve for public use, sites, structures, objects, and documents of prehistoric, historical, archaeological, recreational, architecturalarchitectural, and cultural significance to the State of West Virginia;

and (C) Obtain grants or matching moneys available from the government of the United States or any of its instrumentalities for prehistoric, historic, archaeological, recreational, architectural, and cultural purposes.purposes;

(8) Enter into leases as a lessor for the development and extraction of minerals, including coal, oil, gas, sandsand, or gravel except as otherwise circumscribed herein:

(9) Convey, assignassign, or allot lands to the title or custody of proper departments or other agencies of state government for administration and control within the functions of departments or other agencies as provided by law;

The corporation shall remit the proceeds of public land sales and exchanges and rents, royalties, and other payments from mineral leases, less any costs or fees incurred by the corporation, to the agency, institution, divisiondivision, or department thatof wastitle: allocated or using the public land:

Provided, That all royalties and payments derived from rivers, streamsstreams, or public lands acquired or managed by the Division of Natural Resources pursuant to §20-1-7 and §20-5-2 of this code shall be retained by the Division of Natural Resources:

Provided, however, That all proceeds, rents, royaltiesroyalties, and other payments from land sales, exchangesexchanges, and mineral rights leasing for public lands owned, managedmanaged, or controlled by the Adjutant General'sGeneral’s Department will be retained in a fund managed by the Adjutant General in accordance with §15-6-1 et seq.

of thethis code:

Provided further, That all free gas, sand, gravelgravel, or other natural resources derived from a lease or contract made pursuant to this article will be used to benefit the state agencies, institutions, or departments located on the affected public lands, or for which the corporation was acting or to benefit any state agencies, institutions, or departments having adjacent property.

The corporation shall report annually to the Legislature on its public land holdings and all its leases, its financial conditioncondition, and its operations and shall make such recommendations to the Legislature concerning the acquisition, leasing, development, disposition, and use of public lands.

The corporation shall compile the inventory of all public lands and minerals and report annually to the Legislature by no later than January 1,1 on its public lands and minerals and the lands and minerals of the other agencies, institutions, divisions, or departments of this state which are required to report their holdings to the corporation as set forth in this subsection, and its financial condition and its operations.

The purpose of this bill is to allow the proceeds of public land sales or exchanges, or rents, royaltiesroyalties, and other payments to be given back to the agency that was assigned the public land, rather than with the Public Land Corporation.

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