First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-1047.01 Jennifer Berman x3286 HOUSE BILL 25-1332 House Committees Senate Committees Agriculture, Water & Natural Resources A BILL FOR AN ACT C ONCERNING THE CREATION OF A WORK GROUP TO STUDY THE USES101 OF STATE TRUST LANDS.102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The state board of land commissioners (state board) serves as the trustee for lands granted to the state in public trust for the support of public schools (state trust lands). The state board is responsible for the management and protection of the state trust lands, including by protecting and enhancing the natural features, open space, and wildlife habitat of the state trust lands. HOUSE SPONSORSHIP McCormick, SENATE SPONSORSHIP Roberts and Wallace, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. The bill requires the executive director of the department of natural resources (department) to convene a state trust lands conservation and recreation work group (work group) to study opportunities to advance conservation and recreation activities on state trust lands as part of the state board's long-term stewardship of the state trust lands while maintaining the state board's fiduciary responsibilities regarding its management of the state trust lands. On or before July 1, 2026, the work group is required to make recommendations to the state board, the governor, the general assembly, and the executive director of the department based on the study. On or before December 15, 2026, the state board is required to take into consideration the work group's recommendations and adopt an administrative policy or rules to establish a process and policy regarding the state board's implementation of conservation leases while balancing such conservation efforts with the requirement to generate revenue from the state trust lands. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 finds and declares that:3 (a) The state board of land commissioners serves as the trustee of4 lands granted to the state in public trust by the federal government, lands5 acquired in lieu thereof, and additional lands held by the state board in6 public trust, which lands are commonly referred to as "state trust lands";7 (b) The state board of land commissioners manages 2.8 million8 surface acres and 4 million subsurface acres, making it the second largest9 landowner in the state behind the federal government;10 (c) As trustee of the state trust lands, the state board of land11 commissioners' management of state trust lands provides vital funding for12 public schools, and in state fiscal year 2023-24, the lands generated13 $229,021,719 for the school trust and $1,629,374 for other public14 institutions;15 (d) Under federal law and under section 10 of article IX of the16 HB25-1332-2- state constitution, state trust lands shall be managed exclusively for the1 benefit of the designated beneficiaries of the trusts;2 (e) Conservation and outdoor recreation may be identified as a3 form of benefit to the trust beneficiaries;4 (f) Contributions to reducing emissions and addressing climate5 change through the development of transmission and renewable energy6 generation on state trust lands are a form of benefit to the trust7 beneficiaries;8 (g) Housing for teachers, educators, school employees, and9 families with children is a form of benefit to the trust beneficiaries;10 (h) In 1959, the state legislature assigned existing and future11 revenue from lands in the internal improvements and saline trusts to the12 development and maintenance of state parks, which trusts currently hold13 58,423 acres of surface land, of which 8,817 acres are currently managed14 as part of existing state parks;15 (i) Agricultural leases on state trust lands contribute to and help16 to preserve Colorado's working landscapes while providing economic17 benefit to the trust beneficiaries;18 (j) The vast majority of revenue generated from state trust lands19 comes from extractive industries, such as oil and gas development. For20 example, in state fiscal year 2023-24, more than 80% of trust revenues,21 equaling $191,256,088, was derived from revenue generated from22 extractive mineral leases.23 (k) In 1996, the registered voters of this state approved24 amendments to sections 3, 9, and 10 of article IX of the state constitution25 to make changes to the state board of land commissioners' composition26 and mandate. Among other matters, the amendments to section 10 of27 HB25-1332 -3- article IX did the following:1 (I) Clarified the state board's authority to manage and promote the2 long-term yields of state trust lands by changing the state board's mandate3 to "produc[ing] reasonable and consistent income over time";4 (II) Articulated a vision for the state board's management of all5 state trust lands, stating that "the economic productivity of all lands held6 in public trust is dependent on sound stewardship, including protecting7 and enhancing the beauty, natural values, open space[,] and wildlife8 habitat thereof, for this and future generations";9 (III) To fulfill in part the direction to "protect and enhance the10 long-term productivity and sound stewardship" of all state trust lands,11 directed the state board to, among other activities:12 (A) Establish and maintain "a long-term stewardship trust of up13 to 300,000 acres of land";14 (B) Manage the development and utilization of natural resources15 "in a manner which will conserve the long-term value of such resources,16 as well as existing and future uses"; and17 (C) Sell or lease "conservation easements, licenses[,] and other18 similar interests in land";19 (l) The state board of land commissioners maintains a special20 management overlay, known as the "long-term stewardship trust" or21 "stewardship trust", which currently includes approximately 296,00022 acres;23 (m) Stewardship trust parcels are managed as working lands with24 special care taken regarding the concerns depicted in the amended article25 IX of the state constitution and, as such, are leased for agriculture,26 mining, oil and gas development, ecosystem services, public access, and27 HB25-1332 -4- other uses and are held for future disposition;1 (n) The constitutional stewardship trust provision anticipates the2 state board of land commissioners' continuing existing and nonconflicting3 uses of state trust lands while also managing the lands to improve and4 protect their natural values. The state board may consider whether a5 proposed use is in conflict with the state board's stewardship trust6 obligations.7 (o) It is the intent of the general assembly that uses, including8 those by the division of parks and wildlife, the Colorado natural areas9 program, the Colorado state forest service, ecosystem services,10 conservation, and agriculture, should be deemed compatible with the state11 board of land commissioners' duty to permit only those uses on12 stewardship trust parcels that protect and enhance the beauty, natural13 values, open space, and wildlife habitat of the trust parcels;14 (p) The state board of land commissioners, in fulfilling its15 stewardship responsibilities for the benefit of the trust beneficiaries,16 contributes to the preservation, protection, and enhancement of17 Colorado's land and waterways through ecosystem services leasing;18 coordination with the Colorado natural areas program; stewardship lease19 reviews and lease stipulations; asset management plans; stewardship20 action plans for important target plants, animals, and ecosystems;21 biodiversity projects; adaptive grazing; and other tools and programs;22 (q) These efforts align with the stewardship goals of the state23 board of land commissioners' strategic plan of protecting and enhancing24 the long-term economic value of the trust's physical assets by increasing25 the resiliency of state trust lands and other real property assets in the face26 of extreme weather events and climate change;27 HB25-1332 -5- (r) These efforts further the climate-resilient conservation and1 restoration goals of Colorado's outdoors strategy by helping wildlife and2 landscapes thrive amidst climate change, increasing visitation, and other3 stressors; ensuring habitats are resilient and connected; and providing4 community benefits from healthy ecosystems and agricultural land;5 (s) The state board of land commissioners' management of the6 state trust lands for the intergenerational economic benefit of the trust7 beneficiaries contributes to the protection of historic, geologic, and8 cultural resources in its property management and through archeological9 and ethnographic research;10 (t) State trust lands adjacent to and inholdings of federal, state,11 local government, and private lands with conservation protections,12 including national parks, federal wildlife areas, state parks, and open13 space, merit additional study to investigate their conservation and14 connectivity values to surrounding lands and the resulting economic15 benefit to the beneficiaries of the trusts;16 (u) Under current administrative practices, state trust lands are not17 open to public access unless the state board of land commissioners gives18 written authorization for such access;19 (v) Approximately 500,000 acres of state trust lands are leased to20 private individuals for private recreation, and each lessee controls the21 recreational opportunities pursuant to the terms of their lease;22 (w) In recent years, the state board of land commissioners, in23 coordination with the division of parks and wildlife, local parks, and24 recreation and open space departments, has helped meet growing25 demands for public recreation use through a multiple-use management26 policy that maintains other leases for mineral development, agriculture,27 HB25-1332 -6- and renewable energy development on the same lands;1 (x) Through this model, the state board of land commissioners2 leases approximately one million acres of state trust lands to the division3 of parks and wildlife for hunter and angler access, and many such lands4 are also leased for other uses such as agriculture;5 (y) The division of parks and wildlife pays the state board of land6 commissioners to lease those lands for public access, largely through7 revenue from hunting and fishing licenses; and8 (z) Despite the state's renowned beauty and range of outdoor9 activities and natural landscapes, many Coloradans, including10 disproportionately impacted communities, face obstacles to accessing11 nature.12 (2) The general assembly further finds and declares that:13 (a) Section 10 of article IX of the state constitution, which was14 amended by the registered electors of this state at the 1996 general15 election, articulated a new vision for the state board of land16 commissioners' management of all state trust lands by aligning the work17 of the state board to accomplish a mission to produce reasonable and18 consistent income over time and to provide sound stewardship of the state19 trust assets;20 (b) In the nearly 30 years since the passage of the amendment to21 section 10 of article IX of the state constitution, the state board of land22 commissioners has made important strides toward utilizing the23 stewardship mechanisms directed by the voters, including establishing the24 stewardship trust and piloting an innovative ecosystem leasing program;25 (c) As the state approaches its 150th anniversary on August 1,26 2026, there are opportunities to further implement the intent of section 1027 HB25-1332 -7- of article IX of the state constitution by continuing to diversify revenue1 streams to the benefit of the trust beneficiaries, both through revenue and2 in-kind, in a way that protects Colorado's great outdoors, wildlife, and3 recreational opportunities, which are among the state's most treasured4 resources, thus enhancing Coloradans' quality of life, bringing prosperity5 to the state and its residents, and representing the fabric of the state;6 (d) It is within the legislative prerogative of the general assembly7 to enact legislation that will further facilitate and implement the operation8 of section 10 of article IX of the state constitution;9 (e) In interpreting the provisions of section 10 of article IX of the10 state constitution, the general assembly has attempted to give the words11 of the constitutional provision their natural and obvious meaning;12 (f) Where the meaning of section 10 of article IX of the state13 constitution is uncertain, the general assembly has attempted to ascertain14 the intent of those who adopted the measure and, when appropriate, the15 intent of the proponents, as well as to apply other generally accepted rules16 of construction;17 (g) The content of this legislation represents the considered18 judgment of the general assembly as to the meaning of the provisions of19 section 10 of article IX of the state constitution as it relates to the state20 board of land commissioners' management approach;21 (h) While it is the intent of the general assembly that this22 legislation should not impact the terms of existing leases, long-range23 planning is prudent to further economic productivity through managing24 the natural resources of the state trust lands to conserve the long-term25 value of such resources;26 (i) Consistent with amendments to section 10 of article IX of the27 HB25-1332 -8- state constitution, the state board of land commissioners' trust obligation1 is intergenerational, and, as the Tenth Circuit Court of Appeals held in2 Branson School District Re-82 v. Romer, 161 F.3d 619, 638 (10th Cir.3 1998), "a long-range vision of how best to preserve the value and4 productivity of the trust assets may very well include attention to5 preserving the beauty and natural values" of all state trust lands;6 (j) It is reasonable to encourage the state board of land7 commissioners, in exercising the state board's discretion to determine the8 best interests of its beneficiaries, to pursue additional revenue-generating,9 non-revenue-generating, and in-kind contributions, including10 conservation and recreational opportunities, renewable energy siting and11 energy transmission, housing, and broadband infrastructure;12 (k) Furthermore, the state board of land commissioners should13 explore opportunities to expand sustainably managed public access to14 state trust lands, including for communities that face systemic barriers to15 accessing nature, renewable energy siting and energy transmission, and16 housing, while:17 (I) Protecting natural and conservation values;18 (II) Maintaining the state board's fiduciary duties; and19 (III) Respecting the rights of existing lessees;20 (l) Efforts to expand access to state trust lands could further the21 goals of Colorado's outdoors strategy to provide exceptional and22 sustainable recreation, including the goals to:23 (I) Make high-quality outdoor recreation experiences accessible,24 equitable, and inclusive; and25 (II) Ensure that management and stewardship of recreational26 opportunities provide benefits and minimize impacts for people,27 HB25-1332 -9- landscapes, wildlife, and local communities;1 (m) The state board of land commissioners can meet its2 constitutional mandates to provide reasonable and consistent revenue to3 trust beneficiaries and to preserve the future economic potential of the4 treasured underlying asset base by both protecting and enhancing the5 natural values of state trust lands and providing high-quality, sustainable,6 and equitable public recreational access, renewable energy and energy7 transmission siting, and housing, where appropriate; and8 (n) Any costs associated with this act do not require a general9 fund appropriation; rather, money from the state board of land10 commissioners investment and development fund created in section11 36-1-153 (1), Colorado Revised Statutes, other state trust land revenues,12 or other available funding should be used to effectuate this act.13 SECTION 2. In Colorado Revised Statutes, 36-1-100.3, amend14 the introductory portion; and add (1.5), (1.7), (2.4), (2.5), (2.6), (2.7),15 (5.5), and (8) as follows:16 36-1-100.3. Definitions. As used in this article ARTICLE 1, unless17 the context otherwise requires:18 (1.5) "D EPARTMENT" MEANS THE DEPARTMENT OF NATURAL19 RESOURCES CREATED IN SECTION 24-33-101 (1).20 (1.7) "D IVISION OF PARKS AND WILDLIFE" MEANS THE DIVISION OF21 PARKS AND WILDLIFE CREATED IN SECTION 33-9-104 (1).22 (2.4) "L ONG-TERM BENEFITS AND RETURNS TO THE STATE" MEANS:23 (a) B ENEFITTING FUTURE GENERATIONS IN RECOGNITION OF THE24 PERPETUAL, INTERGENERATIONAL PUBLIC TRUST OBLIGATIONS ;25 (b) P ROTECTING THE UNDERLYING NATURAL RESOURCE BASE AND26 ASSET VALUE TO ENSURE RETURNS FOR FUTURE GENERATIONS OF27 HB25-1332 -10- BENEFICIARIES AND ACHIEVE INTERGENERATIONAL EQUITY ; AND1 (c) U TILIZING SOUND STEWARDSHIP TO MAINTAIN LONG -TERM2 VALUE OVER SHORT-TERM REVENUE GAINS.3 (2.5) "L ONG-TERM PRODUCTIVITY " MEANS SUSTAINABLE4 ECONOMIC POTENTIAL, PRODUCTIVITY, AND VALUE OF STATE TRUST5 LANDS.6 (2.6) "L ONG-TERM STEWARDSHIP TRUST " OR "STEWARDSHIP7 TRUST" MEANS THE LONG-TERM STEWARDSHIP TRUST ESTABLISHED BY8 THE STATE BOARD OF LAND COMMISSIONERS PURSUANT TO SECTION 109 (1)(b)(I) OF ARTICLE IX OF THE STATE CONSTITUTION AND SECTION10 36-1-107.5 (1).11 (2.7) "L ONG-TERM VALUE" MEANS THE ABILITY TO PRESERVE A12 NATURAL BENEFIT FOR A FUTURE ECONOMIC USE OR PRODUCTIVITY , EVEN13 IF THE NATURAL BENEFIT IS NOT CURRENTLY IN USE OR BEING MONETIZED14 OR IF THE LIKELIHOOD OF FUTURE USE OR MONETIZATION IS UNKNOWN .15 (5.5) "S OUND STEWARDSHIP" MEANS THE USE OF NATURAL16 RESOURCES ON STATE TRUST LANDS IN A MANNER THAT WILL PROTECT THE17 LONG-TERM ECONOMIC VALUE AND LONG -TERM PRODUCTIVITY OF THE18 STATE TRUST LANDS FOR FUTURE GENERATIONS OF BENEFICIARIES .19 (8) "W ORK GROUP" MEANS THE STATE TRUST LANDS20 CONSERVATION AND RECREATION WORK GROUP CONVENED PURSUANT TO21 SECTION 36-1-152.3.22 SECTION 3. In Colorado Revised Statutes, add 36-1-152.3,23 36-1-152.5, and 36-1-152.7 as follows:24 36-1-152.3. State trust lands conservation and recreation work25 group - creation - membership - study - interim report. (1) T HE26 EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL CONVENE A STATE27 HB25-1332 -11- TRUST LANDS CONSERVATION AND RECREATION WORK GROUP TO1 CONDUCT A STUDY TO IDENTIFY OPPORTUNITIES TO ADVANCE2 CONSERVATION; CLIMATE RESILIENCE; BIODIVERSITY; AND SUSTAINABLE,3 EQUITABLE, AND LOW-CONFLICT RECREATION ON STATE TRUST LANDS IN4 ACCORDANCE WITH COLORADO'S OUTDOORS STRATEGY STEWARDED BY5 THE DIVISION OF PARKS AND WILDLIFE. THE WORK GROUP SHALL CONDUCT6 THE STUDY IN A MANNER CONSISTENT WITH THE STATE BOARD OF LAND7 COMMISSIONERS' FIDUCIARY RESPONSIBILITY TO PRODUCE REASONABLE8 AND CONSISTENT REVENUE FOR TRUST BENEFICIARIES .9 (2) (a) T HE WORK GROUP SHALL:10 (I) M EET AS OFTEN AS NECESSARY, BUT NO FEWER THAN FOUR11 TIMES, TO EVALUATE THE STATE TRUST LANDS AND THE OPPORTUNITIES12 FOR RECREATION AND CONSERVATION ;13 (II) M AKE RECOMMENDATIONS ON OR BEFORE JULY 1, 2026, TO14 THE GOVERNOR, THE GENERAL ASSEMBLY, THE STATE BOARD OF LAND15 COMMISSIONERS, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT ;16 (III) B E ASSISTED BY A PROFESSIONAL FACILITATOR;17 (IV) H OLD ITS FIRST MEETING NO LATER THAN SEPTEMBER 1,18 2025;19 (V) E NGAGE SPECIALISTS OR SUBJECT MATTER EXPERTS AS20 NEEDED, INCLUDING EXPERTS ON THE ECONOMY , LANDSCAPE ECOLOGY,21 AND CLIMATE RESILIENCE; AND22 (VI) M AKE ALL REASONABLE EFFORTS TO REDUCE THE FISCAL23 IMPACT OF THE WORK GROUP , INCLUDING BY ALLOWING REMOTE24 PARTICIPATION.25 (b) O N OR BEFORE FEBRUARY 28, 2026, THE WORK GROUP SHALL26 PROVIDE AN INTERIM REPORT TO THE PARTIES LISTED IN SUBSECTION27 HB25-1332 -12- (2)(a)(II) OF THIS SECTION, WHICH INTERIM REPORT INCLUDES , AT A1 MINIMUM, INFORMATION ON POTENTIAL RECOMMENDATIONS FOR THE2 LONG-TERM STEWARDSHIP TRUST AND THE INTERNAL IMPROVEMENTS AND3 SALINE TRUSTS.4 (c) T HE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL5 APPOINT MEMBERS TO THE WORK GROUP PURSUANT TO SUBSECTION (3) OF6 THIS SECTION ON OR BEFORE JUNE 15, 2025. IN CONDUCTING THE STUDY,7 THE WORK GROUP SHALL SOLICIT PUBLIC INPUT , INCLUDING INPUT8 REGARDING THE IDENTIFICATION OF PARTICULAR PROPERTIES TO CONSIDER9 AND MANAGEMENT RECOMMENDATIONS TO INCLUDE IN THE STUDY .10 (3) (a) T HE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL11 SELECT VOTING MEMBERS OF THE WORK GROUP , WHICH VOTING MEMBERS12 MAY INCLUDE ONE OR MORE MEMBERS :13 (I) W ITH EXPERTISE IN AGRICULTURE AND RANCHING ;14 (II) W ITH EXPERTISE IN RECREATIONAL USES OF STATE TRUST15 LANDS AND PUBLIC LANDS, INCLUDING EXPERTISE RELATED TO OUTDOOR16 EQUITY;17 (III) W ITH EXPERTISE IN LAND CONSERVATION AND STEWARDSHIP ;18 (IV) W ITH EXPERTISE IN WILDLIFE AND HABITAT CONSERVATION ;19 (V) W HO REPRESENT A REGIONAL PARTNERSHIP INITIATIVE ;20 (VI) W HO REPRESENT BENEFICIARIES AND LESSEES OF STATE21 TRUST LANDS;22 (VII) W ITH RELEVANT LEGAL OR ECONOMIC EXPERTISE ,23 INCLUDING KNOWLEDGE OF THE STATE CONSTITUTION , FIDUCIARY DUTIES,24 AND STATUTES GOVERNING THE ISSUES THAT THE WORK GROUP STUDIES ;25 (VIII) W HO ARE TRIBAL MEMBERS FROM THE UTE MOUNTAIN UTE26 T RIBE;27 HB25-1332 -13- (IX) WHO ARE TRIBAL MEMBERS FROM THE SOUTHERN UTE1 I NDIAN TRIBE;2 (X) W HO ARE TRIBAL MEMBERS OF A TRIBE WITH HISTORIC TIES TO3 EASTERN COLORADO; AND4 (XI) W ITH RELEVANT EXPERIENCE , AS DETERMINED BY THE5 EXECUTIVE DIRECTOR OF THE DEPARTMENT .6 (b) T HE NONVOTING MEMBERS OF THE WORK GROUP ARE :7 (I) T HE COMMISSIONER OF EDUCATION OR THE COMMISSIONER 'S8 DESIGNEE;9 (II) T HE DIRECTOR OF THE DIVISION OF PARKS AND WILDLIFE OR10 THE DIRECTOR'S DESIGNEE;11 (III) T HE DIRECTOR OF THE STATE BOARD OF LAND12 COMMISSIONERS OR THE DIRECTOR 'S DESIGNEE;13 (IV) T HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OR THE14 EXECUTIVE DIRECTOR'S DESIGNEE; AND15 (V) T HE COMMISSIONER OF AGRICULTURE OR THE COMMISSIONER 'S16 DESIGNEE.17 36-1-152.5. Work group study - requirements. (1) (a) A S PART18 OF THE STUDY CONDUCTED PURSUANT TO SECTION 36-1-152.3 (1), THE19 STATE TRUST LANDS CONSERVATION AND RECREATION WORK GROUP20 SHALL PROVIDE RECOMMENDATIONS TO THE PARTIES IDENTIFIED IN21 SECTION 36-1-152.3 (2)(a)(II) REGARDING HOW TO BETTER IMPLEMENT22 THE MANDATE OF SECTION 10 OF ARTICLE IX OF THE STATE CONSTITUTION,23 INCLUDING RECOMMENDATIONS ON HOW TO :24 (I) F URTHER THE LONG -TERM PRODUCTIVITY AND SOUND25 STEWARDSHIP OF ALL STATE TRUST LANDS , NOT ONLY THOSE IN THE26 LONG-TERM STEWARDSHIP TRUST;27 HB25-1332 -14- (II) PRESERVE AND ENHANCE THE BEAUTY , NATURAL VALUES,1 OPEN SPACE, AND WILDLIFE OF THE STATE FOR CURRENT AND FUTURE2 GENERATIONS;3 (III) P ROMOTE LONG-TERM PRODUCTIVITY FOR AGRICULTURE ;4 (IV) P ROVIDE FOR SUSTAINABLE, EQUITABLE, AND LOW-CONFLICT5 RECREATIONAL OPPORTUNITIES ON STATE TRUST LANDS ; AND6 (V) M ANAGE THE UTILIZATION OF NATURAL RESOURCES ON STATE7 TRUST LANDS TO CONSERVE THE LONG -TERM VALUE, INCLUDING THE8 OPTION VALUE, WHICH REPRESENTS THE WILLINGNESS TO PAY TO9 GUARANTEE THE CONTINUED AVAILABILITY OF A RESOURCE FOR10 POTENTIAL FUTURE USE, OF THE STATE TRUST LANDS WHILE THE STATE11 BOARD OF LAND COMMISSIONERS CARRIES OUT ITS FIDUCIARY DUTIES .12 (b) T HE WORK GROUP'S RECOMMENDATIONS SHALL NOT BE13 CONSTRUED TO ALTER OR IMPAIR THE VALIDITY OF ANY EXISTING LEASES14 ON STATE TRUST LANDS.15 (2) T HE WORK GROUP'S STUDY MUST INCLUDE, AT A MINIMUM:16 (a) S OLICITING REGIONAL PARTNERSHIP INITIATIVES AND COUNTIES17 TO IDENTIFY STATE TRUST LAND PARCELS THAT HOLD UNIQUE18 OPPORTUNITIES FOR REGIONAL RECREATION , CONSERVATION ACTIVITIES,19 AND AGRICULTURAL OPPORTUNITIES ;20 (b) A REVIEW OF STATE TRUST LAND PARCELS FOR OPPORTUNITIES21 TO ADVANCE CONSERVATION , CLIMATE RESILIENCY , OR HABITAT22 CONNECTIVITY, INCLUDING CONSERVATION OR AGRICULTURAL LEASES OR23 PERMANENT PROTECTION , INCLUDING THROUGH SALES AND INTERTRUST24 SWAPS;25 (c) I DENTIFICATION OF PRIORITY PARCELS, WHICH IDENTIFICATION26 MAY INCLUDE RECOMMENDATIONS AS TO WHETHER AND HOW LONG -TERM27 HB25-1332 -15- DISPOSITION OF PRIORITY PARCELS SHOULD OCCUR , INCLUDING LEASE,1 EASEMENT, OR FEE TITLE ACQUISITION FOR CONSERVATION PURPOSES2 SUCH AS HABITAT RESTORATION OR ECOSYSTEM SERVICES .3 I DENTIFICATION OF PRIORITY PARCELS MUST INCLUDE CONSIDERATION OF :4 (I) S TATE PARK AND STATE WILDLIFE AREA CREATION OR5 EXPANSION, INCLUDING THROUGH THE USE OF THE INTERNAL6 IMPROVEMENTS AND SALINE TRUSTS ;7 (II) F UTURE LONG-TERM MANAGEMENT SOLUTIONS FOR PARKS8 AND WILDLIFE AREAS CURRENTLY LEASED OR UTILIZED BY THE DIVISION9 OF PARKS AND WILDLIFE, INCLUDING LONE MESA STATE PARK AND10 Q UEENS STATE WILDLIFE AREA;11 (III) C URRENT AND FUTURE PUBLIC USE BY SCHOOLCHILDREN FOR12 OUTDOOR RECREATION AND EDUCATIONAL PURPOSES ; AND13 (IV) H IGH-VALUE LANDS USED TO IMPROVE CLIMATE -RESILIENT14 CONSERVATION AND RECREATION OPPORTUNITIES , INCLUDING THOSE15 LANDS WITH:16 (A) I MPORTANT HABITAT FOR SPECIES OF GREATEST17 CONSERVATION NEEDS;18 (B) H IGH-PRIORITY HABITATS, AS DEFINED IN SECTION 34-60-13219 (1)(n), IDENTIFIED BY THE DIVISION OF PARKS AND WILDLIFE;20 (C) W ETLANDS AND RIPARIAN AREAS; AND21 (D) H ABITAT CONNECTIVITY;22 (d) R ECOMMENDATIONS REGARDING ACTIONS TO ADVANCE23 CONSERVATION AND RECREATION ON STATE TRUST LANDS BASED IN PART24 ON AN ANALYSIS OF CONSERVATION MEASURES AND PUBLIC RECREATION25 ACCESS AND MANAGEMENT SOLUTIONS ON STATE TRUST LANDS IN OTHER26 STATES, INCLUDING:27 HB25-1332 -16- (I) AN EVALUATION OF THE CHALLENGES AND OPPORTUNITIES1 ASSOCIATED WITH PUBLIC RECREATIONAL ACCESS ON STATE TRUST L ANDS ,2 INCLUDING WAYS TO REDUCE CONFLICTS WITH AND IMPACTS TO EXISTING3 LESSEES AND CONSIDERATION OF LESSONS FROM OTHER STATES4 REGARDING MANAGEMENT OF RECREATION ON STATE TRUST LANDS ;5 (II) O PPORTUNITIES FOR THE STATE BOARD OF LAND6 COMMISSIONERS TO UTILIZE NONPERPETUAL CONSERVATION LEASES IN7 ACCORDANCE WITH SECTION 10 OF ARTICLE IX OF THE STATE8 CONSTITUTION; AND9 (III) M ETHODS FOR IMPLEMENTING THE TOOLS DESCRIBED IN10 SUBSECTION (2)(d)(II) OF THIS SECTION, INCLUDING VALUATION OF11 CONSERVATION LEASING OPPORTUNITIES AND CONSIDERATION OF12 LONG-TERM VALUE;13 (e) C ONSIDERATION OF POTENTIAL NET REVENUE CHANGES OR14 MANAGEMENT CHANGES WHEN IDENTIFYING STATE TRUST LAND PARCELS15 FOR EXAMINATION;16 (f) C ONSIDERATION OF THE INTERNAL IMPROVEMENTS AND SALINE17 TRUSTS, INCLUDING THE DEVELOPMENT OF RECOMMENDATIONS FOR USE18 OF THE INTERNAL IMPROVEMENTS AND SALINE TRUSTS TO ENSURE19 MAXIMUM PUBLIC BENEFIT FOR ADVANCEMENT OF THE DIVISION OF PARKS20 AND WILDLIFE'S MISSION, INCLUDING CONSIDERATION OF:21 (I) O UTDOOR RECREATION AND WILDLIFE CONSERVATION ; AND22 (II) T RANSFERRING TITLE OF LAND WITHIN THE INTERNAL23 IMPROVEMENTS AND SALINE TRUSTS TO THE DIVISION OF PARKS AND24 WILDLIFE;25 (g) A N ASSESSMENT OF OPPORTUNITIES TO CONTINUE AND EXPAND26 UPON SOUND STEWARDSHIP AND LAND MANAGEMENT PRACTICES27 HB25-1332 -17- THROUGH AGRICULTURAL LEASES AND OPPORTUNITIES TO ADVANCE1 LONG-TERM MANAGEMENT FOR AGRICULTURAL LEASES ON STATE TRUST2 LAND PARCELS, INCLUDING THOSE PARCELS IN THE LONG -TERM3 STEWARDSHIP TRUST;4 (h) A N ASSESSMENT OF STATE TRUST LAND PARCELS IN THE5 LONG-TERM STEWARDSHIP TRUST , WHICH ASSESSMENT INCLUDES THE6 IDENTIFICATION OF STEWARDSHIP TRUST PROPERTIES WITH EXISTING USES7 OR LONG-TERM IMPACTS THAT ARE INCOMPATIBLE WITH PRIMARILY8 PROTECTING AND ENHANCING BEAUTY , NATURAL VALUES, OPEN SPACE,9 AND WILDLIFE HABITAT. SOME LEASES MAY BE PRESUMED COMPATIBLE ,10 SUCH AS COLORADO NATURAL AREAS PROGRAM LEASES , THE DIVISION OF11 PARKS AND WILDLIFE LEASES , CONSERVATION LEASES , ECOSYSTEM12 SERVICES LEASES, AND AGRICULTURAL LEASES.13 (i) R ECOMMENDATIONS TO :14 (I) E VALUATE LONG-TERM STEWARDSHIP TRUST PROPERTIES OR15 PORTIONS OF STEWARDSHIP TRUST PROPERTIES IN WHICH THE EXISTING16 USE OR USES CREATE LONG-TERM IMPACTS THAT ARE INCOMPATIBLE WITH17 PRIMARILY PROTECTING AND ENHANCING BEAUTY , NATURAL VALUES,18 OPEN SPACE, AND WILDLIFE HABITAT; AND19 (II) D EVELOP A PROPOSED PROCESS TO TIMELY ADDRESS ANY20 INCOMPATIBILITY, INCLUDING BY THE REMOVAL AND NOMINATION OF21 OTHER STATE TRUST LAND PROPERTIES AS REPLACEMENT PARCELS WITH22 QUALIFYING VALUES AND EQUIVALENT ACREAGE ;23 (j) E VALUATION AND REPORTING ON THE LONG -TERM VALUE,24 INCLUDING THE OPTION VALUE , OF LONG-TERM STEWARDSHIP TRUST25 ASSETS;26 (k) R ECOMMENDATIONS REGARDING RIGOROUS REVIEW27 HB25-1332 -18- STANDARDS OF FUTURE LEASES OF STEWARDSHIP TRUST PARCELS TO1 BETTER PRESERVE LONG-TERM BENEFITS AND RETURNS TO THE STATE ,2 INCLUDING REQUIREMENTS TO EVALUATE THE DIVISION OF PARKS AND3 WILDLIFE'S HIGH-PRIORITY HABITATS, AS DEFINED IN SECTION 34-60-1324 (1)(n); HABITAT CONNECTIVITY; WETLAND AND RIPARIAN RESOURCES ; THE5 PRESENCE OF CONSERVATION EASEMENTS ; EXISTING LAND STEWARDSHIP6 PRACTICES; RARE PLANTS AND PLANT COMMUNITIES; IMPORTANT WILDLIFE7 SPECIES; CULTURAL RESOURCES; PALEONTOLOGICAL RESOURCES ; AND8 GEOLOGIC RESOURCES; AND9 (l) R ECOMMENDATIONS ON HOW TO IMPROVE PUBLIC E NGAGEMENT10 OF APPROPRIATE STAKEHOLDERS , INCLUDING LOCAL GOVERNMENTS ,11 STATE AGENCIES, FEDERAL AGENCIES, AND TRIBAL NATIONS, IN THE12 CONSULTATION AND NOTIFICATION PROCESS USED FOR NEW LEASES OR13 USES OF LONG-TERM STEWARDSHIP TRUST PARCELS .14 (3) O N OR BEFORE OCTOBER 1, 2025, THE STATE BOARD OF LAND15 COMMISSIONERS SHALL:16 (a) R EVIEW ALL EXISTING LEASES ON LONG -TERM STEWARDSHIP17 TRUST PARCELS TO DETERMINE WHETHER THE LANDS ARE MANAGED18 PRIMARILY TO PRESERVE LONG -TERM RETURNS AND BENEFITS TO THE19 STATE, INCLUDING TO PROTECT AND ENHANCE THE LANDS ' BEAUTY,20 NATURAL VALUES, OPEN SPACE, AND WILDLIFE HABITAT AND PROVIDE A21 REPORT OF THE SAME MATTERS TO THE WORK GROUP ;22 (b) R EVIEW AND UPDATE , IF NECESSARY, ALL EXISTING23 STEWARDSHIP TRUST MANAGEMENT PLANS OR OTHER APPLICABLE PLANS24 TO ACHIEVE CONSERVATION PURPOSES AND REQUIRE CORRECTIVE25 MANAGEMENT ACTIONS IN ACCORDANCE WITH THE EXISTING26 STEWARDSHIP TRUST POLICY AND LEASE TERMS AND PROVIDE A DETAILED27 HB25-1332 -19- SUMMARY TO THE WORK GROUP OF THE REVIEW AND ANY RESULTING1 ACTIONS;2 (c) P ROVIDE TO THE WORK GROUP , TO THE EXTENT THE3 INFORMATION IS AVAILABLE, A REPORT REGARDING ALL OCCASIONS SINCE4 1996 IN WHICH A LEASE PROPOSED FOR A STEWARDSHIP TRUST PARCEL5 WAS DENIED AS INCOMPATIBLE WITH PRIMARILY PROTECTING AND6 ENHANCING BEAUTY , OPEN SPACE, NATURAL VALUES, AND WILDLIFE7 HABITAT;8 (d) P ROVIDE TO THE WORK GROUP , TO THE EXTENT POSSIBLE,9 DOCUMENTATION OF LEASE STIPULATIONS THAT HIGHLIGHT MEASURES TO10 PROTECT AND ENHANCE BEAUTY , OPEN SPACE, NATURAL VALUES, AND11 WILDLIFE HABITAT WHEN LEASING STEWARDSHIP TRUST LANDS ; AND12 (e) P ROVIDE TO THE WORK GROUP AN ANALYSIS OF PUBLIC13 RECREATIONAL ACCESS AND MANAGEMENT SOLUTIONS ON STATE TRUST14 LANDS IN OTHER STATES, INCLUDING HUNTING, FISHING, WATER ACCESS15 SITES, MOTORIZED AND NONMOTORIZED TRAILS , CAMPING, AND WILDLIFE16 VIEWING.17 36-1-152.7. State board consideration of work group18 recommendations - conservation lease policies - rules. (1) O N OR19 BEFORE DECEMBER 15, 2026, THE STATE BOARD OF LAND COMMISSIONERS20 SHALL CONSIDER THE WORK GROUP 'S RECOMMENDATIONS IN THE STUDY21 CONDUCTED PURSUANT TO SECTION 36-1-152.3 AND ADOPT AN22 ADMINISTRATIVE POLICY OR RULES TO ESTABLISH , AT A MINIMUM:23 (a) A PROCESS GOVERNING THE IMPLEMENTATION OF24 CONSERVATION LEASES AND RELATED INSTRUMENTS ON STATE TRUST25 LANDS, INCLUDING A FRAMEWORK FOR THE STRUCTURE , PRICING, AND26 DURATION OF SUCH INSTRUMENTS ;27 HB25-1332 -20- (b) A SPECIFIC PROCESS TO SUBSTANTIATE HOW THE STATE BOARD1 BALANCES REVENUE GENERATION WITH CONSERVING THE LONG -TERM2 VALUE OF STATE TRUST LANDS; AND3 (c) A NY OTHER POLICIES OR RULES THE STATE BOARD , IN ITS4 DISCRETION, DEEMS NECESSARY TO IMPLEMENT SECTION 10 OF ARTICLE IX5 OF THE STATE CONSTITUTION.6 SECTION 4. Safety clause. The general assembly finds,7 determines, and declares that this act is necessary for the immediate8 preservation of the public peace, health, or safety or for appropriations for9 the support and maintenance of the departments of the state and state10 institutions.11 HB25-1332 -21-