(1) The commission may:
(a) Acquire by gift, transfer, lease, purchase, or long-term operating agreement such land and water, or interests in land and water, as the director, with the approval of the executive director, deems necessary, suitable, or proper for parks and outdoor recreation purposes or for the preservation or conservation of sites, scenes, open space, and vistas of public interest. As used in this section, interest in land and water means any and all rights and interest in land less than the full fee interest, including future interests, easements, covenants, and contractual rights. Every interest in land and water held by the commission when properly recorded runs with the land or water to which it pertains for the benefit of the citizens of this state and may be protected and enforced by the commission in the district court of the county in which the land or water, or any portion thereof, is located.
(b) Lease, exchange, or sell any property, water rights, land, or interest in land or water rights, including oil, gas, and other organic and inorganic substances which now are or may become surplus or which, in the proper management of the division, the commission desires to lease, exchange, or sell. All sales of property, water rights, or lands shall be at public sale, and the commission has the right to reject any or all bids. As used in this paragraph (b), exchange means the transferring of property, water rights, land, or interest in land or water rights to another person in consideration for the transfer to the commission of other property, water rights, land, or interest in land or water rights, or cash, or any combination thereof; except that any cash received may not exceed fifty percent of the total value of the consideration. A transaction otherwise qualifying as an exchange is not deemed a sale merely because dollar values have been assigned to any property, water rights, land, or interest in land or water rights, for the purpose of ensuring that the commission will receive adequate compensation.
(c) Construct, lease, or otherwise establish public parks or outdoor recreational facilities and conveniences at any site or on any land controlled by the commission or in which it holds an interest, operate and maintain any such lands, facilities, and conveniences, and provide services with respect thereto, and, when appropriate, make reasonable charges for their use or enter into contracts for their maintenance or operation;
(d) Enter into cooperative agreements with state and other agencies, educational institutions, municipalities, political subdivisions, corporations, clubs, landowners, associations, and individuals for the development and promotion of parks and outdoor recreation programs;
(e) (I) Receive and expend:
(A) Grants, gifts, sponsorships, contributions, donations, and bequests, including federal money, made available for the purposes for which the commission is authorized; and
(B) Moneys made available to the division for the purpose of mitigating or offsetting adverse impacts of development on state parks or state recreation areas.
(II) The commission may provide matching funds whenever appropriate moneys are available. The commission shall provide such information as may be required in order to secure matching funds. The receipt and expenditure of money so received shall be reported to the executive director prior to the time of submission of the commission's annual budget requests.
(f) Contract with the political subdivisions of the state for development, operation, and maintenance of parks and outdoor recreation areas owned by any such political subdivision, but any such contract need not transfer possession or right of possession from said political subdivision;
(g) Encourage the organization of public parks and outdoor recreational activities in political subdivisions of the state;
(h) Establish by rule the amounts of fees for certificates, permits, licenses, and passes and any other special charges in order to provide for cash revenues necessary for the continuous operation of the state park and recreation system, subject to section 33-10-115; except that fees shall not be used for capital construction other than controlled maintenance activities, except for revenues generated from the sale of keep Colorado wild passes created in section 33-12-108. Fees and charges collected pursuant to this subsection (1)(h) shall be credited to the parks and outdoor recreation cash fund in accordance with section 33-10-111 (1).
(2) In the event that the commission plans to acquire the fee title to any real property at a cost that exceeds one hundred thousand dollars or to acquire an easement for a period that exceeds twenty-five years or at a cost that exceeds one hundred thousand dollars or to enter into any lease agreement for the use of real property for a period that exceeds twenty-five years or at a cost that exceeds one hundred thousand dollars, or to sell or otherwise dispose of such property, after the commission has approved of the transaction but before it has completed the transaction, the commission shall submit a report to the capital development committee that outlines the anticipated use of the real property, the maintenance costs related to the property, the current value of the property, any conditions or limitations that may restrict the use of the property, and, in the event real property is acquired, the potential liability to the state that will result from the acquisition. The capital development committee shall review the reports submitted by the commission and make recommendations to the commission concerning the proposed land transaction within thirty days from the day on which the report is received. The commission shall not complete the transaction without considering the recommendations of the capital development committee, if the recommendations are made in a timely manner.
Source: L. 84: Entire article added, p. 884, � 2, effective January 1, 1985. L. 85: (1)(h) added, p. 659, � 1, effective January 1, 1986. L. 90: (1)(b) amended and (2) added, p. 1284, � 4, effective April 3. L. 96: (1)(h) amended, p. 779, � 3, effective May 23. L. 2009: (1)(h) amended, (SB 09-182), ch. 148, p. 616, � 1, effective April 20; (2) amended, (HB 09-1168), ch. 83, p. 306, � 2, effective August 5. L. 2012: IP(1), (1)(a), (1)(b), (1)(c), (1)(e), and (2) amended, (HB 12-1317), ch. 248, p. 1216, � 33, effective June 4. L. 2015: (1)(e) amended, (HB 15-1243), ch. 167, p. 513, � 4, effective August 5. L. 2018: (1)(e)(I)(A) amended, (SB 18-143), ch. 207, p. 1336, � 12, effective August 8; (1)(h) amended, (HB 18-1139), ch. 71, p. 633, � 2, effective August 8. L. 2024: IP(1) and (1)(h) amended, (SB 24-161), ch. 150, p. 608, � 5, effective August 7.
Editor's note: This section is similar to former � 33-30-105 as it existed prior to 1984.
Cross references: (1) For the short title (Hunting, Fishing, and Parks for Future Generations Act) and the legislative declaration in SB 18-143, see sections 1 and 2 of chapter 207, Session Laws of Colorado 2018.
(2) For the legislative declaration in HB 18-1139, see section 1 of chapter 71, Session Laws of Colorado 2018.
33-10-108. Duties of the division of parks and wildlife - gifts, grants, or donations - definitions. (1) The division, unless otherwise provided by law, has the following duties:
(a) To enter into contracts and agreements with the United States or any appropriate agency thereof for purposes authorized under the federal Land and Water Conservation Fund Act of 1965, as amended, and to keep financial and other records relating thereto;
(a.5) To enter into contracts and agreements with private organizations for purposes authorized under section 33-10-108.5 and to keep financial and other records relating thereto;
(b) To furnish such reports and information as may be reasonably necessary to enable appropriate officials and agencies of the United States to perform their duties under the federal Land and Water Conservation Fund Act of 1965, as amended;
(c) To prepare, maintain, and keep up to date a comprehensive plan for the development of the outdoor recreation resources of this state;
(d) To receive and disburse federal moneys to carry out the purposes of a comprehensive statewide outdoor recreation plan, but, of such allocation, not more than seventy-five percent, exclusive of administrative costs, shall be retained for development of the state-operated facilities by the division. In the event that requests on behalf of any county, city, or other political subdivision do not fully utilize the federal aid funds available, the state may use such funds.
(e) To undertake projects for the development of the state resources for outdoor recreation, but areas acquired or developed pursuant to any program participated in by this state under the authority of this section or section 33-10-114 shall be publicly maintained and operated for outdoor recreational purposes by the division;
(f) To enter into and administer agreements with the United States, or any appropriate agency thereof, for the planning, acquisition, and development of projects involving participating federal aid funds on behalf of any county, city, or other political subdivision if such county, city, or other political subdivision gives necessary assurances to the division that it has available sufficient funds to meet its share of the cost of the project and that the acquired or developed areas will be operated and maintained in perpetuity at its expense for public outdoor recreation use. Funds distributed to a city, county, or any other political subdivision pursuant to this section and not utilized shall, pursuant to rules adopted by the commission, revert to the division for its use. Any administrative costs assessed by the division to any county, city, or other political subdivision for local projects shall be for actual administrative costs incurred by the division, not to exceed five percent of federal aid funds distributed to such political subdivision.
(g) To provide technical assistance and information to counties, cities, or other political subdivisions of the state for local planning, financing, construction, operation, and maintenance of recreational trails, including trails along lakes, streams, or reservoirs, in accordance with article 11 of this title;
(h) To study the availability of areas selected by the commission pursuant to section 33-10-106 (1)(h) for the establishment of trails under article 11 of this title and to recommend trails to be included in the Colorado greenway trails system.
(2) Pursuant to a contract or agreement with an organization authorized by section 33-10-108.5, the division may provide personnel services to help the organization carry out its interpretive or educational program and provide space at or within any state park, natural area, or facility, as defined in said section, for interpretive or educational materials provided by the organization.
(3) (a) Pursuant to a contract, intergovernmental agreement, or memorandum of understanding, the division may allow fire mitigation personnel and accompanying equipment and material under the control or supervision of a fire department to enter state parks, state recreation areas, and natural areas for the purpose of mitigating forest land or wildland fires in or around such parks, recreation areas, and natural areas. Permissible activities to be undertaken by a fire department under this paragraph (a) include, without limitation, prescribed burning as a component of wildfire mitigation or forest or wildland management and exercises to promote the training of firefighting personnel.
(b) As used in this subsection (3):
(I) Fire department shall have the same meaning as set forth in section 29-20-105.5 (2)(a), C.R.S.
(II) Natural area shall have the same meaning as set forth in section 33-33-103 (8).
(4) The division is authorized to enter into cooperative agreements with other land management agencies for the purpose of implementing the keep Colorado wild pass offered pursuant to section 33-12-108 to provide access to participating federal and other public lands and for other purposes set forth in this article 10 and articles 10.5 to 15 and article 33 of this title 33.
(5) The division shall develop a program to seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes set forth in this article 10 and articles 10.5 to 15 and article 33 of this title 33.
Source: L. 84: Entire article added, p. 885, � 2, effective January 1, 1985. L. 90: (1)(g) and (1)(h) added, p. 1534, � 6, effective May 29. L. 2005: (1)(a.5) and (2) added, p. 30, �� 3, 4, effective March 11. L. 2009: (3) added, (HB 09-1162), ch. 191, p. 836, � 2, effective August 5. L. 2012: (1)(f) and (1)(h) amended, (HB 12-1317), ch. 248, p. 1217, � 34, effective June 4. L. 2021: (4) and (5) added, (SB 21-249), ch. 273, p. 1589, � 5, effective September 7.
Cross references: For the Land and Water Conservation Fund Act of 1965, see Pub.L. 88-578.
33-10-108.5. Interpretive and educational services - agreements with nonprofit groups - definitions. (1) To provide interpretive or educational services at state parks, natural areas, and facilities, the division may enter into a contract or agreement with any private nonprofit, scientific, historic, volunteer, or educational organization organized primarily for the purpose of providing interpretive or educational services at such parks, natural areas, and facilities. An eligible organization may include, but is not limited to, a group designated as friends of an identified state park or area.
(2) In accordance with a contract or agreement under this section, an organization may:
(a) Offer interpretive or educational materials for sale at the state park, natural area, or facility for which the organization provides services under the terms of the contract. Net proceeds received from sales under this paragraph (a) shall be used to provide interpretive or educational services at the state park, natural area, or facility.
(b) Acquire display materials and equipment for exhibit at the state park, natural area, or facility for which the organization provides services under the terms of the contract;
(c) Support special state park, natural area, or facility interpretive or educational programs and other interpretive projects related to a specific park, natural area, or facility; or
(d) Support state park, natural area, or facility resource centers.
(3) As used in this section, state parks, natural areas, and facilities means:
(a) State parks;
(b) State recreation areas;
(c) Natural areas, as defined in section 33-33-103 (8); and
(d) Any state-owned facility related to or adjoining a park or area listed in paragraphs (a) to (c) of this subsection (3), whether indoor or outdoor, and including the department's management offices and other buildings.
Source: L. 2005: Entire section added, p. 28, � 1, effective March 11.