Colorado 2025 Regular Session

Colorado House Bill HB1332 Compare Versions

Only one version of the bill is available at this time.
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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 25-1047.01 Jennifer Berman x3286
88 HOUSE BILL 25-1332
99 House Committees Senate Committees
1010 Agriculture, Water & Natural Resources
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING THE CREATION OF A WORK GROUP TO STUDY THE USES101
1414 OF STATE TRUST LANDS.102
1515 Bill Summary
1616 (Note: This summary applies to this bill as introduced and does
1717 not reflect any amendments that may be subsequently adopted. If this bill
1818 passes third reading in the house of introduction, a bill summary that
1919 applies to the reengrossed version of this bill will be available at
2020 http://leg.colorado.gov
2121 .)
2222 The state board of land commissioners (state board) serves as the
2323 trustee for lands granted to the state in public trust for the support of
2424 public schools (state trust lands). The state board is responsible for the
2525 management and protection of the state trust lands, including by
2626 protecting and enhancing the natural features, open space, and wildlife
2727 habitat of the state trust lands.
2828 HOUSE SPONSORSHIP
2929 McCormick,
3030 SENATE SPONSORSHIP
3131 Roberts and Wallace,
3232 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3333 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3434 Dashes through the words or numbers indicate deletions from existing law. The bill requires the executive director of the department of
3535 natural resources (department) to convene a state trust lands conservation
3636 and recreation work group (work group) to study opportunities to advance
3737 conservation and recreation activities on state trust lands as part of the
3838 state board's long-term stewardship of the state trust lands while
3939 maintaining the state board's fiduciary responsibilities regarding its
4040 management of the state trust lands. On or before July 1, 2026, the work
4141 group is required to make recommendations to the state board, the
4242 governor, the general assembly, and the executive director of the
4343 department based on the study.
4444 On or before December 15, 2026, the state board is required to
4545 take into consideration the work group's recommendations and adopt an
4646 administrative policy or rules to establish a process and policy regarding
4747 the state board's implementation of conservation leases while balancing
4848 such conservation efforts with the requirement to generate revenue from
4949 the state trust lands.
5050 Be it enacted by the General Assembly of the State of Colorado:1
5151 SECTION 1. Legislative declaration. (1) The general assembly2
5252 finds and declares that:3
5353 (a) The state board of land commissioners serves as the trustee of4
5454 lands granted to the state in public trust by the federal government, lands5
5555 acquired in lieu thereof, and additional lands held by the state board in6
5656 public trust, which lands are commonly referred to as "state trust lands";7
5757 (b) The state board of land commissioners manages 2.8 million8
5858 surface acres and 4 million subsurface acres, making it the second largest9
5959 landowner in the state behind the federal government;10
6060 (c) As trustee of the state trust lands, the state board of land11
6161 commissioners' management of state trust lands provides vital funding for12
6262 public schools, and in state fiscal year 2023-24, the lands generated13
6363 $229,021,719 for the school trust and $1,629,374 for other public14
6464 institutions;15
6565 (d) Under federal law and under section 10 of article IX of the16
6666 HB25-1332-2- state constitution, state trust lands shall be managed exclusively for the1
6767 benefit of the designated beneficiaries of the trusts;2
6868 (e) Conservation and outdoor recreation may be identified as a3
6969 form of benefit to the trust beneficiaries;4
7070 (f) Contributions to reducing emissions and addressing climate5
7171 change through the development of transmission and renewable energy6
7272 generation on state trust lands are a form of benefit to the trust7
7373 beneficiaries;8
7474 (g) Housing for teachers, educators, school employees, and9
7575 families with children is a form of benefit to the trust beneficiaries;10
7676 (h) In 1959, the state legislature assigned existing and future11
7777 revenue from lands in the internal improvements and saline trusts to the12
7878 development and maintenance of state parks, which trusts currently hold13
7979 58,423 acres of surface land, of which 8,817 acres are currently managed14
8080 as part of existing state parks;15
8181 (i) Agricultural leases on state trust lands contribute to and help16
8282 to preserve Colorado's working landscapes while providing economic17
8383 benefit to the trust beneficiaries;18
8484 (j) The vast majority of revenue generated from state trust lands19
8585 comes from extractive industries, such as oil and gas development. For20
8686 example, in state fiscal year 2023-24, more than 80% of trust revenues,21
8787 equaling $191,256,088, was derived from revenue generated from22
8888 extractive mineral leases.23
8989 (k) In 1996, the registered voters of this state approved24
9090 amendments to sections 3, 9, and 10 of article IX of the state constitution25
9191 to make changes to the state board of land commissioners' composition26
9292 and mandate. Among other matters, the amendments to section 10 of27
9393 HB25-1332
9494 -3- article IX did the following:1
9595 (I) Clarified the state board's authority to manage and promote the2
9696 long-term yields of state trust lands by changing the state board's mandate3
9797 to "produc[ing] reasonable and consistent income over time";4
9898 (II) Articulated a vision for the state board's management of all5
9999 state trust lands, stating that "the economic productivity of all lands held6
100100 in public trust is dependent on sound stewardship, including protecting7
101101 and enhancing the beauty, natural values, open space[,] and wildlife8
102102 habitat thereof, for this and future generations";9
103103 (III) To fulfill in part the direction to "protect and enhance the10
104104 long-term productivity and sound stewardship" of all state trust lands,11
105105 directed the state board to, among other activities:12
106106 (A) Establish and maintain "a long-term stewardship trust of up13
107107 to 300,000 acres of land";14
108108 (B) Manage the development and utilization of natural resources15
109109 "in a manner which will conserve the long-term value of such resources,16
110110 as well as existing and future uses"; and17
111111 (C) Sell or lease "conservation easements, licenses[,] and other18
112112 similar interests in land";19
113113 (l) The state board of land commissioners maintains a special20
114114 management overlay, known as the "long-term stewardship trust" or21
115115 "stewardship trust", which currently includes approximately 296,00022
116116 acres;23
117117 (m) Stewardship trust parcels are managed as working lands with24
118118 special care taken regarding the concerns depicted in the amended article25
119119 IX of the state constitution and, as such, are leased for agriculture,26
120120 mining, oil and gas development, ecosystem services, public access, and27
121121 HB25-1332
122122 -4- other uses and are held for future disposition;1
123123 (n) The constitutional stewardship trust provision anticipates the2
124124 state board of land commissioners' continuing existing and nonconflicting3
125125 uses of state trust lands while also managing the lands to improve and4
126126 protect their natural values. The state board may consider whether a5
127127 proposed use is in conflict with the state board's stewardship trust6
128128 obligations.7
129129 (o) It is the intent of the general assembly that uses, including8
130130 those by the division of parks and wildlife, the Colorado natural areas9
131131 program, the Colorado state forest service, ecosystem services,10
132132 conservation, and agriculture, should be deemed compatible with the state11
133133 board of land commissioners' duty to permit only those uses on12
134134 stewardship trust parcels that protect and enhance the beauty, natural13
135135 values, open space, and wildlife habitat of the trust parcels;14
136136 (p) The state board of land commissioners, in fulfilling its15
137137 stewardship responsibilities for the benefit of the trust beneficiaries,16
138138 contributes to the preservation, protection, and enhancement of17
139139 Colorado's land and waterways through ecosystem services leasing;18
140140 coordination with the Colorado natural areas program; stewardship lease19
141141 reviews and lease stipulations; asset management plans; stewardship20
142142 action plans for important target plants, animals, and ecosystems;21
143143 biodiversity projects; adaptive grazing; and other tools and programs;22
144144 (q) These efforts align with the stewardship goals of the state23
145145 board of land commissioners' strategic plan of protecting and enhancing24
146146 the long-term economic value of the trust's physical assets by increasing25
147147 the resiliency of state trust lands and other real property assets in the face26
148148 of extreme weather events and climate change;27
149149 HB25-1332
150150 -5- (r) These efforts further the climate-resilient conservation and1
151151 restoration goals of Colorado's outdoors strategy by helping wildlife and2
152152 landscapes thrive amidst climate change, increasing visitation, and other3
153153 stressors; ensuring habitats are resilient and connected; and providing4
154154 community benefits from healthy ecosystems and agricultural land;5
155155 (s) The state board of land commissioners' management of the6
156156 state trust lands for the intergenerational economic benefit of the trust7
157157 beneficiaries contributes to the protection of historic, geologic, and8
158158 cultural resources in its property management and through archeological9
159159 and ethnographic research;10
160160 (t) State trust lands adjacent to and inholdings of federal, state,11
161161 local government, and private lands with conservation protections,12
162162 including national parks, federal wildlife areas, state parks, and open13
163163 space, merit additional study to investigate their conservation and14
164164 connectivity values to surrounding lands and the resulting economic15
165165 benefit to the beneficiaries of the trusts;16
166166 (u) Under current administrative practices, state trust lands are not17
167167 open to public access unless the state board of land commissioners gives18
168168 written authorization for such access;19
169169 (v) Approximately 500,000 acres of state trust lands are leased to20
170170 private individuals for private recreation, and each lessee controls the21
171171 recreational opportunities pursuant to the terms of their lease;22
172172 (w) In recent years, the state board of land commissioners, in23
173173 coordination with the division of parks and wildlife, local parks, and24
174174 recreation and open space departments, has helped meet growing25
175175 demands for public recreation use through a multiple-use management26
176176 policy that maintains other leases for mineral development, agriculture,27
177177 HB25-1332
178178 -6- and renewable energy development on the same lands;1
179179 (x) Through this model, the state board of land commissioners2
180180 leases approximately one million acres of state trust lands to the division3
181181 of parks and wildlife for hunter and angler access, and many such lands4
182182 are also leased for other uses such as agriculture;5
183183 (y) The division of parks and wildlife pays the state board of land6
184184 commissioners to lease those lands for public access, largely through7
185185 revenue from hunting and fishing licenses; and8
186186 (z) Despite the state's renowned beauty and range of outdoor9
187187 activities and natural landscapes, many Coloradans, including10
188188 disproportionately impacted communities, face obstacles to accessing11
189189 nature.12
190190 (2) The general assembly further finds and declares that:13
191191 (a) Section 10 of article IX of the state constitution, which was14
192192 amended by the registered electors of this state at the 1996 general15
193193 election, articulated a new vision for the state board of land16
194194 commissioners' management of all state trust lands by aligning the work17
195195 of the state board to accomplish a mission to produce reasonable and18
196196 consistent income over time and to provide sound stewardship of the state19
197197 trust assets;20
198198 (b) In the nearly 30 years since the passage of the amendment to21
199199 section 10 of article IX of the state constitution, the state board of land22
200200 commissioners has made important strides toward utilizing the23
201201 stewardship mechanisms directed by the voters, including establishing the24
202202 stewardship trust and piloting an innovative ecosystem leasing program;25
203203 (c) As the state approaches its 150th anniversary on August 1,26
204204 2026, there are opportunities to further implement the intent of section 1027
205205 HB25-1332
206206 -7- of article IX of the state constitution by continuing to diversify revenue1
207207 streams to the benefit of the trust beneficiaries, both through revenue and2
208208 in-kind, in a way that protects Colorado's great outdoors, wildlife, and3
209209 recreational opportunities, which are among the state's most treasured4
210210 resources, thus enhancing Coloradans' quality of life, bringing prosperity5
211211 to the state and its residents, and representing the fabric of the state;6
212212 (d) It is within the legislative prerogative of the general assembly7
213213 to enact legislation that will further facilitate and implement the operation8
214214 of section 10 of article IX of the state constitution;9
215215 (e) In interpreting the provisions of section 10 of article IX of the10
216216 state constitution, the general assembly has attempted to give the words11
217217 of the constitutional provision their natural and obvious meaning;12
218218 (f) Where the meaning of section 10 of article IX of the state13
219219 constitution is uncertain, the general assembly has attempted to ascertain14
220220 the intent of those who adopted the measure and, when appropriate, the15
221221 intent of the proponents, as well as to apply other generally accepted rules16
222222 of construction;17
223223 (g) The content of this legislation represents the considered18
224224 judgment of the general assembly as to the meaning of the provisions of19
225225 section 10 of article IX of the state constitution as it relates to the state20
226226 board of land commissioners' management approach;21
227227 (h) While it is the intent of the general assembly that this22
228228 legislation should not impact the terms of existing leases, long-range23
229229 planning is prudent to further economic productivity through managing24
230230 the natural resources of the state trust lands to conserve the long-term25
231231 value of such resources;26
232232 (i) Consistent with amendments to section 10 of article IX of the27
233233 HB25-1332
234234 -8- state constitution, the state board of land commissioners' trust obligation1
235235 is intergenerational, and, as the Tenth Circuit Court of Appeals held in2
236236 Branson School District Re-82 v. Romer, 161 F.3d 619, 638 (10th Cir.3
237237 1998), "a long-range vision of how best to preserve the value and4
238238 productivity of the trust assets may very well include attention to5
239239 preserving the beauty and natural values" of all state trust lands;6
240240 (j) It is reasonable to encourage the state board of land7
241241 commissioners, in exercising the state board's discretion to determine the8
242242 best interests of its beneficiaries, to pursue additional revenue-generating,9
243243 non-revenue-generating, and in-kind contributions, including10
244244 conservation and recreational opportunities, renewable energy siting and11
245245 energy transmission, housing, and broadband infrastructure;12
246246 (k) Furthermore, the state board of land commissioners should13
247247 explore opportunities to expand sustainably managed public access to14
248248 state trust lands, including for communities that face systemic barriers to15
249249 accessing nature, renewable energy siting and energy transmission, and16
250250 housing, while:17
251251 (I) Protecting natural and conservation values;18
252252 (II) Maintaining the state board's fiduciary duties; and19
253253 (III) Respecting the rights of existing lessees;20
254254 (l) Efforts to expand access to state trust lands could further the21
255255 goals of Colorado's outdoors strategy to provide exceptional and22
256256 sustainable recreation, including the goals to:23
257257 (I) Make high-quality outdoor recreation experiences accessible,24
258258 equitable, and inclusive; and25
259259 (II) Ensure that management and stewardship of recreational26
260260 opportunities provide benefits and minimize impacts for people,27
261261 HB25-1332
262262 -9- landscapes, wildlife, and local communities;1
263263 (m) The state board of land commissioners can meet its2
264264 constitutional mandates to provide reasonable and consistent revenue to3
265265 trust beneficiaries and to preserve the future economic potential of the4
266266 treasured underlying asset base by both protecting and enhancing the5
267267 natural values of state trust lands and providing high-quality, sustainable,6
268268 and equitable public recreational access, renewable energy and energy7
269269 transmission siting, and housing, where appropriate; and8
270270 (n) Any costs associated with this act do not require a general9
271271 fund appropriation; rather, money from the state board of land10
272272 commissioners investment and development fund created in section11
273273 36-1-153 (1), Colorado Revised Statutes, other state trust land revenues,12
274274 or other available funding should be used to effectuate this act.13
275275 SECTION 2. In Colorado Revised Statutes, 36-1-100.3, amend14
276276 the introductory portion; and add (1.5), (1.7), (2.4), (2.5), (2.6), (2.7),15
277277 (5.5), and (8) as follows:16
278278 36-1-100.3. Definitions. As used in this article ARTICLE 1, unless17
279279 the context otherwise requires:18
280280 (1.5) "D
281281 EPARTMENT" MEANS THE DEPARTMENT OF NATURAL19
282282 RESOURCES CREATED IN SECTION 24-33-101 (1).20
283283 (1.7) "D
284284 IVISION OF PARKS AND WILDLIFE" MEANS THE DIVISION OF21
285285 PARKS AND WILDLIFE CREATED IN SECTION 33-9-104 (1).22
286286 (2.4) "L
287287 ONG-TERM BENEFITS AND RETURNS TO THE STATE" MEANS:23
288288 (a) B
289289 ENEFITTING FUTURE GENERATIONS IN RECOGNITION OF THE24
290290 PERPETUAL, INTERGENERATIONAL PUBLIC TRUST OBLIGATIONS ;25
291291 (b) P
292292 ROTECTING THE UNDERLYING NATURAL RESOURCE BASE AND26
293293 ASSET VALUE TO ENSURE RETURNS FOR FUTURE GENERATIONS OF27
294294 HB25-1332
295295 -10- BENEFICIARIES AND ACHIEVE INTERGENERATIONAL EQUITY ; AND1
296296 (c) U
297297 TILIZING SOUND STEWARDSHIP TO MAINTAIN LONG -TERM2
298298 VALUE OVER SHORT-TERM REVENUE GAINS.3
299299 (2.5) "L
300300 ONG-TERM PRODUCTIVITY " MEANS SUSTAINABLE4
301301 ECONOMIC POTENTIAL, PRODUCTIVITY, AND VALUE OF STATE TRUST5
302302 LANDS.6
303303 (2.6) "L
304304 ONG-TERM STEWARDSHIP TRUST " OR "STEWARDSHIP7
305305 TRUST" MEANS THE LONG-TERM STEWARDSHIP TRUST ESTABLISHED BY8
306306 THE STATE BOARD OF LAND COMMISSIONERS PURSUANT TO SECTION 109
307307 (1)(b)(I)
308308 OF ARTICLE IX OF THE STATE CONSTITUTION AND SECTION10
309309 36-1-107.5
310310 (1).11
311311 (2.7) "L
312312 ONG-TERM VALUE" MEANS THE ABILITY TO PRESERVE A12
313313 NATURAL BENEFIT FOR A FUTURE ECONOMIC USE OR PRODUCTIVITY , EVEN13
314314 IF THE NATURAL BENEFIT IS NOT CURRENTLY IN USE OR BEING MONETIZED14
315315 OR IF THE LIKELIHOOD OF FUTURE USE OR MONETIZATION IS UNKNOWN .15
316316 (5.5) "S
317317 OUND STEWARDSHIP" MEANS THE USE OF NATURAL16
318318 RESOURCES ON STATE TRUST LANDS IN A MANNER THAT WILL PROTECT THE17
319319 LONG-TERM ECONOMIC VALUE AND LONG -TERM PRODUCTIVITY OF THE18
320320 STATE TRUST LANDS FOR FUTURE GENERATIONS OF BENEFICIARIES .19
321321 (8) "W
322322 ORK GROUP" MEANS THE STATE TRUST LANDS20
323323 CONSERVATION AND RECREATION WORK GROUP CONVENED PURSUANT TO21
324324 SECTION 36-1-152.3.22
325325 SECTION 3. In Colorado Revised Statutes, add 36-1-152.3,23
326326 36-1-152.5, and 36-1-152.7 as follows:24
327327 36-1-152.3. State trust lands conservation and recreation work25
328328 group - creation - membership - study - interim report. (1) T
329329 HE26
330330 EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL CONVENE A STATE27
331331 HB25-1332
332332 -11- TRUST LANDS CONSERVATION AND RECREATION WORK GROUP TO1
333333 CONDUCT A STUDY TO IDENTIFY OPPORTUNITIES TO ADVANCE2
334334 CONSERVATION; CLIMATE RESILIENCE; BIODIVERSITY; AND SUSTAINABLE,3
335335 EQUITABLE, AND LOW-CONFLICT RECREATION ON STATE TRUST LANDS IN4
336336 ACCORDANCE WITH COLORADO'S OUTDOORS STRATEGY STEWARDED BY5
337337 THE DIVISION OF PARKS AND WILDLIFE. THE WORK GROUP SHALL CONDUCT6
338338 THE STUDY IN A MANNER CONSISTENT WITH THE STATE BOARD OF LAND7
339339 COMMISSIONERS' FIDUCIARY RESPONSIBILITY TO PRODUCE REASONABLE8
340340 AND CONSISTENT REVENUE FOR TRUST BENEFICIARIES .9
341341 (2) (a) T
342342 HE WORK GROUP SHALL:10
343343 (I) M
344344 EET AS OFTEN AS NECESSARY, BUT NO FEWER THAN FOUR11
345345 TIMES, TO EVALUATE THE STATE TRUST LANDS AND THE OPPORTUNITIES12
346346 FOR RECREATION AND CONSERVATION ;13
347347 (II) M
348348 AKE RECOMMENDATIONS ON OR BEFORE JULY 1, 2026, TO14
349349 THE GOVERNOR, THE GENERAL ASSEMBLY, THE STATE BOARD OF LAND15
350350 COMMISSIONERS, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT ;16
351351 (III) B
352352 E ASSISTED BY A PROFESSIONAL FACILITATOR;17
353353 (IV) H
354354 OLD ITS FIRST MEETING NO LATER THAN SEPTEMBER 1,18
355355 2025;19
356356 (V) E
357357 NGAGE SPECIALISTS OR SUBJECT MATTER EXPERTS AS20
358358 NEEDED, INCLUDING EXPERTS ON THE ECONOMY , LANDSCAPE ECOLOGY,21
359359 AND CLIMATE RESILIENCE; AND22
360360 (VI) M
361361 AKE ALL REASONABLE EFFORTS TO REDUCE THE FISCAL23
362362 IMPACT OF THE WORK GROUP , INCLUDING BY ALLOWING REMOTE24
363363 PARTICIPATION.25
364364 (b) O
365365 N OR BEFORE FEBRUARY 28, 2026, THE WORK GROUP SHALL26
366366 PROVIDE AN INTERIM REPORT TO THE PARTIES LISTED IN SUBSECTION27
367367 HB25-1332
368368 -12- (2)(a)(II) OF THIS SECTION, WHICH INTERIM REPORT INCLUDES , AT A1
369369 MINIMUM, INFORMATION ON POTENTIAL RECOMMENDATIONS FOR THE2
370370 LONG-TERM STEWARDSHIP TRUST AND THE INTERNAL IMPROVEMENTS AND3
371371 SALINE TRUSTS.4
372372 (c) T
373373 HE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL5
374374 APPOINT MEMBERS TO THE WORK GROUP PURSUANT TO SUBSECTION (3) OF6
375375 THIS SECTION ON OR BEFORE JUNE 15, 2025. IN CONDUCTING THE STUDY,7
376376 THE WORK GROUP SHALL SOLICIT PUBLIC INPUT , INCLUDING INPUT8
377377 REGARDING THE IDENTIFICATION OF PARTICULAR PROPERTIES TO CONSIDER9
378378 AND MANAGEMENT RECOMMENDATIONS TO INCLUDE IN THE STUDY .10
379379 (3) (a) T
380380 HE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL11
381381 SELECT VOTING MEMBERS OF THE WORK GROUP , WHICH VOTING MEMBERS12
382382 MAY INCLUDE ONE OR MORE MEMBERS :13
383383 (I) W
384384 ITH EXPERTISE IN AGRICULTURE AND RANCHING ;14
385385 (II) W
386386 ITH EXPERTISE IN RECREATIONAL USES OF STATE TRUST15
387387 LANDS AND PUBLIC LANDS, INCLUDING EXPERTISE RELATED TO OUTDOOR16
388388 EQUITY;17
389389 (III) W
390390 ITH EXPERTISE IN LAND CONSERVATION AND STEWARDSHIP ;18
391391 (IV) W
392392 ITH EXPERTISE IN WILDLIFE AND HABITAT CONSERVATION ;19
393393 (V) W
394394 HO REPRESENT A REGIONAL PARTNERSHIP INITIATIVE ;20
395395 (VI) W
396396 HO REPRESENT BENEFICIARIES AND LESSEES OF STATE21
397397 TRUST LANDS;22
398398 (VII) W
399399 ITH RELEVANT LEGAL OR ECONOMIC EXPERTISE ,23
400400 INCLUDING KNOWLEDGE OF THE STATE CONSTITUTION , FIDUCIARY DUTIES,24
401401 AND STATUTES GOVERNING THE ISSUES THAT THE WORK GROUP STUDIES ;25
402402 (VIII) W
403403 HO ARE TRIBAL MEMBERS FROM THE UTE MOUNTAIN UTE26
404404 T
405405 RIBE;27
406406 HB25-1332
407407 -13- (IX) WHO ARE TRIBAL MEMBERS FROM THE SOUTHERN UTE1
408408 I
409409 NDIAN TRIBE;2
410410 (X) W
411411 HO ARE TRIBAL MEMBERS OF A TRIBE WITH HISTORIC TIES TO3
412412 EASTERN COLORADO; AND4
413413 (XI) W
414414 ITH RELEVANT EXPERIENCE , AS DETERMINED BY THE5
415415 EXECUTIVE DIRECTOR OF THE DEPARTMENT .6
416416 (b) T
417417 HE NONVOTING MEMBERS OF THE WORK GROUP ARE :7
418418 (I) T
419419 HE COMMISSIONER OF EDUCATION OR THE COMMISSIONER 'S8
420420 DESIGNEE;9
421421 (II) T
422422 HE DIRECTOR OF THE DIVISION OF PARKS AND WILDLIFE OR10
423423 THE DIRECTOR'S DESIGNEE;11
424424 (III) T
425425 HE DIRECTOR OF THE STATE BOARD OF LAND12
426426 COMMISSIONERS OR THE DIRECTOR 'S DESIGNEE;13
427427 (IV) T
428428 HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OR THE14
429429 EXECUTIVE DIRECTOR'S DESIGNEE; AND15
430430 (V) T
431431 HE COMMISSIONER OF AGRICULTURE OR THE COMMISSIONER 'S16
432432 DESIGNEE.17
433433 36-1-152.5. Work group study - requirements. (1) (a) A
434434 S PART18
435435 OF THE STUDY CONDUCTED PURSUANT TO SECTION 36-1-152.3 (1), THE19
436436 STATE TRUST LANDS CONSERVATION AND RECREATION WORK GROUP20
437437 SHALL PROVIDE RECOMMENDATIONS TO THE PARTIES IDENTIFIED IN21
438438 SECTION 36-1-152.3 (2)(a)(II) REGARDING HOW TO BETTER IMPLEMENT22
439439 THE MANDATE OF SECTION 10 OF ARTICLE IX OF THE STATE CONSTITUTION,23
440440 INCLUDING RECOMMENDATIONS ON HOW TO :24
441441 (I) F
442442 URTHER THE LONG -TERM PRODUCTIVITY AND SOUND25
443443 STEWARDSHIP OF ALL STATE TRUST LANDS , NOT ONLY THOSE IN THE26
444444 LONG-TERM STEWARDSHIP TRUST;27
445445 HB25-1332
446446 -14- (II) PRESERVE AND ENHANCE THE BEAUTY , NATURAL VALUES,1
447447 OPEN SPACE, AND WILDLIFE OF THE STATE FOR CURRENT AND FUTURE2
448448 GENERATIONS;3
449449 (III) P
450450 ROMOTE LONG-TERM PRODUCTIVITY FOR AGRICULTURE ;4
451451 (IV) P
452452 ROVIDE FOR SUSTAINABLE, EQUITABLE, AND LOW-CONFLICT5
453453 RECREATIONAL OPPORTUNITIES ON STATE TRUST LANDS ; AND6
454454 (V) M
455455 ANAGE THE UTILIZATION OF NATURAL RESOURCES ON STATE7
456456 TRUST LANDS TO CONSERVE THE LONG -TERM VALUE, INCLUDING THE8
457457 OPTION VALUE, WHICH REPRESENTS THE WILLINGNESS TO PAY TO9
458458 GUARANTEE THE CONTINUED AVAILABILITY OF A RESOURCE FOR10
459459 POTENTIAL FUTURE USE, OF THE STATE TRUST LANDS WHILE THE STATE11
460460 BOARD OF LAND COMMISSIONERS CARRIES OUT ITS FIDUCIARY DUTIES .12
461461 (b) T
462462 HE WORK GROUP'S RECOMMENDATIONS SHALL NOT BE13
463463 CONSTRUED TO ALTER OR IMPAIR THE VALIDITY OF ANY EXISTING LEASES14
464464 ON STATE TRUST LANDS.15
465465 (2) T
466466 HE WORK GROUP'S STUDY MUST INCLUDE, AT A MINIMUM:16
467467 (a) S
468468 OLICITING REGIONAL PARTNERSHIP INITIATIVES AND COUNTIES17
469469 TO IDENTIFY STATE TRUST LAND PARCELS THAT HOLD UNIQUE18
470470 OPPORTUNITIES FOR REGIONAL RECREATION , CONSERVATION ACTIVITIES,19
471471 AND AGRICULTURAL OPPORTUNITIES ;20
472472 (b) A
473473 REVIEW OF STATE TRUST LAND PARCELS FOR OPPORTUNITIES21
474474 TO ADVANCE CONSERVATION , CLIMATE RESILIENCY , OR HABITAT22
475475 CONNECTIVITY, INCLUDING CONSERVATION OR AGRICULTURAL LEASES OR23
476476 PERMANENT PROTECTION , INCLUDING THROUGH SALES AND INTERTRUST24
477477 SWAPS;25
478478 (c) I
479479 DENTIFICATION OF PRIORITY PARCELS, WHICH IDENTIFICATION26
480480 MAY INCLUDE RECOMMENDATIONS AS TO WHETHER AND HOW LONG -TERM27
481481 HB25-1332
482482 -15- DISPOSITION OF PRIORITY PARCELS SHOULD OCCUR , INCLUDING LEASE,1
483483 EASEMENT, OR FEE TITLE ACQUISITION FOR CONSERVATION PURPOSES2
484484 SUCH AS HABITAT RESTORATION OR ECOSYSTEM SERVICES .3
485485 I
486486 DENTIFICATION OF PRIORITY PARCELS MUST INCLUDE CONSIDERATION OF :4
487487 (I) S
488488 TATE PARK AND STATE WILDLIFE AREA CREATION OR5
489489 EXPANSION, INCLUDING THROUGH THE USE OF THE INTERNAL6
490490 IMPROVEMENTS AND SALINE TRUSTS ;7
491491 (II) F
492492 UTURE LONG-TERM MANAGEMENT SOLUTIONS FOR PARKS8
493493 AND WILDLIFE AREAS CURRENTLY LEASED OR UTILIZED BY THE DIVISION9
494494 OF PARKS AND WILDLIFE, INCLUDING LONE MESA STATE PARK AND10
495495 Q
496496 UEENS STATE WILDLIFE AREA;11
497497 (III) C
498498 URRENT AND FUTURE PUBLIC USE BY SCHOOLCHILDREN FOR12
499499 OUTDOOR RECREATION AND EDUCATIONAL PURPOSES ; AND13
500500 (IV) H
501501 IGH-VALUE LANDS USED TO IMPROVE CLIMATE -RESILIENT14
502502 CONSERVATION AND RECREATION OPPORTUNITIES , INCLUDING THOSE15
503503 LANDS WITH:16
504504 (A) I
505505 MPORTANT HABITAT FOR SPECIES OF GREATEST17
506506 CONSERVATION NEEDS;18
507507 (B) H
508508 IGH-PRIORITY HABITATS, AS DEFINED IN SECTION 34-60-13219
509509 (1)(n),
510510 IDENTIFIED BY THE DIVISION OF PARKS AND WILDLIFE;20
511511 (C) W
512512 ETLANDS AND RIPARIAN AREAS; AND21
513513 (D) H
514514 ABITAT CONNECTIVITY;22
515515 (d) R
516516 ECOMMENDATIONS REGARDING ACTIONS TO ADVANCE23
517517 CONSERVATION AND RECREATION ON STATE TRUST LANDS BASED IN PART24
518518 ON AN ANALYSIS OF CONSERVATION MEASURES AND PUBLIC RECREATION25
519519 ACCESS AND MANAGEMENT SOLUTIONS ON STATE TRUST LANDS IN OTHER26
520520 STATES, INCLUDING:27
521521 HB25-1332
522522 -16- (I) AN EVALUATION OF THE CHALLENGES AND OPPORTUNITIES1
523523 ASSOCIATED WITH PUBLIC RECREATIONAL ACCESS ON STATE TRUST L ANDS ,2
524524 INCLUDING WAYS TO REDUCE CONFLICTS WITH AND IMPACTS TO EXISTING3
525525 LESSEES AND CONSIDERATION OF LESSONS FROM OTHER STATES4
526526 REGARDING MANAGEMENT OF RECREATION ON STATE TRUST LANDS ;5
527527 (II) O
528528 PPORTUNITIES FOR THE STATE BOARD OF LAND6
529529 COMMISSIONERS TO UTILIZE NONPERPETUAL CONSERVATION LEASES IN7
530530 ACCORDANCE WITH SECTION 10 OF ARTICLE IX OF THE STATE8
531531 CONSTITUTION; AND9
532532 (III) M
533533 ETHODS FOR IMPLEMENTING THE TOOLS DESCRIBED IN10
534534 SUBSECTION (2)(d)(II) OF THIS SECTION, INCLUDING VALUATION OF11
535535 CONSERVATION LEASING OPPORTUNITIES AND CONSIDERATION OF12
536536 LONG-TERM VALUE;13
537537 (e) C
538538 ONSIDERATION OF POTENTIAL NET REVENUE CHANGES OR14
539539 MANAGEMENT CHANGES WHEN IDENTIFYING STATE TRUST LAND PARCELS15
540540 FOR EXAMINATION;16
541541 (f) C
542542 ONSIDERATION OF THE INTERNAL IMPROVEMENTS AND SALINE17
543543 TRUSTS, INCLUDING THE DEVELOPMENT OF RECOMMENDATIONS FOR USE18
544544 OF THE INTERNAL IMPROVEMENTS AND SALINE TRUSTS TO ENSURE19
545545 MAXIMUM PUBLIC BENEFIT FOR ADVANCEMENT OF THE DIVISION OF PARKS20
546546 AND WILDLIFE'S MISSION, INCLUDING CONSIDERATION OF:21
547547 (I) O
548548 UTDOOR RECREATION AND WILDLIFE CONSERVATION ; AND22
549549 (II) T
550550 RANSFERRING TITLE OF LAND WITHIN THE INTERNAL23
551551 IMPROVEMENTS AND SALINE TRUSTS TO THE DIVISION OF PARKS AND24
552552 WILDLIFE;25
553553 (g) A
554554 N ASSESSMENT OF OPPORTUNITIES TO CONTINUE AND EXPAND26
555555 UPON SOUND STEWARDSHIP AND LAND MANAGEMENT PRACTICES27
556556 HB25-1332
557557 -17- THROUGH AGRICULTURAL LEASES AND OPPORTUNITIES TO ADVANCE1
558558 LONG-TERM MANAGEMENT FOR AGRICULTURAL LEASES ON STATE TRUST2
559559 LAND PARCELS, INCLUDING THOSE PARCELS IN THE LONG -TERM3
560560 STEWARDSHIP TRUST;4
561561 (h) A
562562 N ASSESSMENT OF STATE TRUST LAND PARCELS IN THE5
563563 LONG-TERM STEWARDSHIP TRUST , WHICH ASSESSMENT INCLUDES THE6
564564 IDENTIFICATION OF STEWARDSHIP TRUST PROPERTIES WITH EXISTING USES7
565565 OR LONG-TERM IMPACTS THAT ARE INCOMPATIBLE WITH PRIMARILY8
566566 PROTECTING AND ENHANCING BEAUTY , NATURAL VALUES, OPEN SPACE,9
567567 AND WILDLIFE HABITAT. SOME LEASES MAY BE PRESUMED COMPATIBLE ,10
568568 SUCH AS COLORADO NATURAL AREAS PROGRAM LEASES , THE DIVISION OF11
569569 PARKS AND WILDLIFE LEASES , CONSERVATION LEASES , ECOSYSTEM12
570570 SERVICES LEASES, AND AGRICULTURAL LEASES.13
571571 (i) R
572572 ECOMMENDATIONS TO :14
573573 (I) E
574574 VALUATE LONG-TERM STEWARDSHIP TRUST PROPERTIES OR15
575575 PORTIONS OF STEWARDSHIP TRUST PROPERTIES IN WHICH THE EXISTING16
576576 USE OR USES CREATE LONG-TERM IMPACTS THAT ARE INCOMPATIBLE WITH17
577577 PRIMARILY PROTECTING AND ENHANCING BEAUTY , NATURAL VALUES,18
578578 OPEN SPACE, AND WILDLIFE HABITAT; AND19
579579 (II) D
580580 EVELOP A PROPOSED PROCESS TO TIMELY ADDRESS ANY20
581581 INCOMPATIBILITY, INCLUDING BY THE REMOVAL AND NOMINATION OF21
582582 OTHER STATE TRUST LAND PROPERTIES AS REPLACEMENT PARCELS WITH22
583583 QUALIFYING VALUES AND EQUIVALENT ACREAGE ;23
584584 (j) E
585585 VALUATION AND REPORTING ON THE LONG -TERM VALUE,24
586586 INCLUDING THE OPTION VALUE , OF LONG-TERM STEWARDSHIP TRUST25
587587 ASSETS;26
588588 (k) R
589589 ECOMMENDATIONS REGARDING RIGOROUS REVIEW27
590590 HB25-1332
591591 -18- STANDARDS OF FUTURE LEASES OF STEWARDSHIP TRUST PARCELS TO1
592592 BETTER PRESERVE LONG-TERM BENEFITS AND RETURNS TO THE STATE ,2
593593 INCLUDING REQUIREMENTS TO EVALUATE THE DIVISION OF PARKS AND3
594594 WILDLIFE'S HIGH-PRIORITY HABITATS, AS DEFINED IN SECTION 34-60-1324
595595 (1)(n);
596596 HABITAT CONNECTIVITY; WETLAND AND RIPARIAN RESOURCES ; THE5
597597 PRESENCE OF CONSERVATION EASEMENTS ; EXISTING LAND STEWARDSHIP6
598598 PRACTICES; RARE PLANTS AND PLANT COMMUNITIES; IMPORTANT WILDLIFE7
599599 SPECIES; CULTURAL RESOURCES; PALEONTOLOGICAL RESOURCES ; AND8
600600 GEOLOGIC RESOURCES; AND9
601601 (l) R
602602 ECOMMENDATIONS ON HOW TO IMPROVE PUBLIC E NGAGEMENT10
603603 OF APPROPRIATE STAKEHOLDERS , INCLUDING LOCAL GOVERNMENTS ,11
604604 STATE AGENCIES, FEDERAL AGENCIES, AND TRIBAL NATIONS, IN THE12
605605 CONSULTATION AND NOTIFICATION PROCESS USED FOR NEW LEASES OR13
606606 USES OF LONG-TERM STEWARDSHIP TRUST PARCELS .14
607607 (3) O
608608 N OR BEFORE OCTOBER 1, 2025, THE STATE BOARD OF LAND15
609609 COMMISSIONERS SHALL:16
610610 (a) R
611611 EVIEW ALL EXISTING LEASES ON LONG -TERM STEWARDSHIP17
612612 TRUST PARCELS TO DETERMINE WHETHER THE LANDS ARE MANAGED18
613613 PRIMARILY TO PRESERVE LONG -TERM RETURNS AND BENEFITS TO THE19
614614 STATE, INCLUDING TO PROTECT AND ENHANCE THE LANDS ' BEAUTY,20
615615 NATURAL VALUES, OPEN SPACE, AND WILDLIFE HABITAT AND PROVIDE A21
616616 REPORT OF THE SAME MATTERS TO THE WORK GROUP ;22
617617 (b) R
618618 EVIEW AND UPDATE , IF NECESSARY, ALL EXISTING23
619619 STEWARDSHIP TRUST MANAGEMENT PLANS OR OTHER APPLICABLE PLANS24
620620 TO ACHIEVE CONSERVATION PURPOSES AND REQUIRE CORRECTIVE25
621621 MANAGEMENT ACTIONS IN ACCORDANCE WITH THE EXISTING26
622622 STEWARDSHIP TRUST POLICY AND LEASE TERMS AND PROVIDE A DETAILED27
623623 HB25-1332
624624 -19- SUMMARY TO THE WORK GROUP OF THE REVIEW AND ANY RESULTING1
625625 ACTIONS;2
626626 (c) P
627627 ROVIDE TO THE WORK GROUP , TO THE EXTENT THE3
628628 INFORMATION IS AVAILABLE, A REPORT REGARDING ALL OCCASIONS SINCE4
629629 1996
630630 IN WHICH A LEASE PROPOSED FOR A STEWARDSHIP TRUST PARCEL5
631631 WAS DENIED AS INCOMPATIBLE WITH PRIMARILY PROTECTING AND6
632632 ENHANCING BEAUTY , OPEN SPACE, NATURAL VALUES, AND WILDLIFE7
633633 HABITAT;8
634634 (d) P
635635 ROVIDE TO THE WORK GROUP , TO THE EXTENT POSSIBLE,9
636636 DOCUMENTATION OF LEASE STIPULATIONS THAT HIGHLIGHT MEASURES TO10
637637 PROTECT AND ENHANCE BEAUTY , OPEN SPACE, NATURAL VALUES, AND11
638638 WILDLIFE HABITAT WHEN LEASING STEWARDSHIP TRUST LANDS ; AND12
639639 (e) P
640640 ROVIDE TO THE WORK GROUP AN ANALYSIS OF PUBLIC13
641641 RECREATIONAL ACCESS AND MANAGEMENT SOLUTIONS ON STATE TRUST14
642642 LANDS IN OTHER STATES, INCLUDING HUNTING, FISHING, WATER ACCESS15
643643 SITES, MOTORIZED AND NONMOTORIZED TRAILS , CAMPING, AND WILDLIFE16
644644 VIEWING.17
645645 36-1-152.7. State board consideration of work group18
646646 recommendations - conservation lease policies - rules. (1) O
647647 N OR19
648648 BEFORE DECEMBER 15, 2026, THE STATE BOARD OF LAND COMMISSIONERS20
649649 SHALL CONSIDER THE WORK GROUP 'S RECOMMENDATIONS IN THE STUDY21
650650 CONDUCTED PURSUANT TO SECTION 36-1-152.3 AND ADOPT AN22
651651 ADMINISTRATIVE POLICY OR RULES TO ESTABLISH , AT A MINIMUM:23
652652 (a) A
653653 PROCESS GOVERNING THE IMPLEMENTATION OF24
654654 CONSERVATION LEASES AND RELATED INSTRUMENTS ON STATE TRUST25
655655 LANDS, INCLUDING A FRAMEWORK FOR THE STRUCTURE , PRICING, AND26
656656 DURATION OF SUCH INSTRUMENTS ;27
657657 HB25-1332
658658 -20- (b) A SPECIFIC PROCESS TO SUBSTANTIATE HOW THE STATE BOARD1
659659 BALANCES REVENUE GENERATION WITH CONSERVING THE LONG -TERM2
660660 VALUE OF STATE TRUST LANDS; AND3
661661 (c) A
662662 NY OTHER POLICIES OR RULES THE STATE BOARD , IN ITS4
663663 DISCRETION, DEEMS NECESSARY TO IMPLEMENT SECTION 10 OF ARTICLE IX5
664664 OF THE STATE CONSTITUTION.6
665665 SECTION 4. Safety clause. The general assembly finds,7
666666 determines, and declares that this act is necessary for the immediate8
667667 preservation of the public peace, health, or safety or for appropriations for9
668668 the support and maintenance of the departments of the state and state10
669669 institutions.11
670670 HB25-1332
671671 -21-