(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.