Thank you for your interest in leasing state trust land for recreational

Transcription

1 RECREATIONAL USE of STATE TRUST LAND A GUIDE TO LEASING Thank you for your interest in leasing state trust land for recreational purposes. State trust land is a unique state owned asset. Originally granted to Colorado in 1876 by the federal government, this land was set aside for a specific purpose: to generate reasonable and consistent revenue for the support of Colorado public institutions, primarily K-12 public education. Since that time, the State Land Board has leased state trust land for a variety of purposes, including agricultural grazing, energy production, mineral extraction, and recreation. This guide was developed to provide an overview of the State Land Board s recreational leasing process. It should address most your questions as a potential lessee, and will provide important information on how to submit a Recreational Lease application. Please take a minute to read through the guide and familiarize yourself with our recreational lease program. If after reviewing this guide you still have questions, please feel free to contact one of our district offices, or the Recreation Program Manager at our Denver office. Thank you for your interest. We look forward to serving you. SLB - 1 -

2 A BRIEF HISTORY OF STATE TRUST LAND IF you ve ever studied a map of the Centennial State, you might have noticed the checkerboard pattern of state owned lands. This peculiar pattern is the direct result of Congressional action taken during Colorado s admission to the Union in At that time, the federal government gave title to 3,600,00 acres of reserved school lands, as well as another 1,000,000 acres for the support of various public institutions. If you do the math, that equates to +/- 7,000 square miles. Over time, these granted lands have become known as State Trust Lands Township So Why the checkerboard pattern? Well to answer this question, we must step back to the General Land Ordinance of Through this ordinance, the federal government established a rectangular survey system to serve as a foundation for the process of survey and sale of land by federal government. The system divided land in the western United States into 6-mile by 6-mile townships. These were further subdivided into square-mile sections, with each township containing 36 individual sections, or thirty-six square miles. This grid system provided a way to catalog and describe newly acquired land in the west, and would later became the backbone for western settlement patterns. When early homesteaders laid claim to unreserved land, they typically acquired 1/4 (160 acres), 1/2 (360 acres), or full sections (640 acres) of land. During these early years of western settlement, the federal government recognized the importance of reserving land for the support public schools. Beginning with the Buckeye State (Ohio), each state entering the Union was granted one section of land per township across the entire state to serve this purpose (section 16). As settlement continued westward, the federal government expanded the system to grant two sections per township. Colorado received both section 16 and 36 in unreserved townships when it became a state. Since 1876, state trust land has been managed for the ongoing benefit of public schools and other public institutions by the State Board of Land Commissioners (aka the State Land Board). The agency serves as trustee for these assets, and has the responsibility of managing them in a way that provides ongoing financial support to their beneficiaries. How does the State Land Board do this? Through a variety of surface and mineral leasing activities, both to public and private entities. EST SLB - 2 -

3 OBTAINING A REC LEASE IN FIVE STEPS LOCATE AVAILABLE LAND STEP 01 BEGIN with a visit to our online map server: This site is a great resource for identifying the location of state trust land, determining potential access points, and reviewing what other leases already in place. This information will help you better understand the property and decide if further inquiry with the State Land Board is necessary. We encourage all our potential lessees to visit this site. HUNTING FOLLOW UP your research with a phone call to one of our six district offices, or the Recreation Program Manager at our Denver office. One quick phone conversation will help you understand the uses we will consider, and verify the availability of a property. In some instances, a property that appears available on our map server may contain other encumbrances or site conditions that limit other uses. Our field staff has great knowledge of state trust land in their geographic area, and can quickly answer any of your questions. CONTACT THE STATE LAND BOARD STEP 02 SKIING - 3 -

4 AFTER identifying a property that fits your needs, your next step is submitting a Recreational Use Application and application fee. This step ensures that your request is considered among other applications for use of the property. The application form is simple, and requests general information such as the leasehold structure you are applying under (e.g. individual, partnership, Limited Liability Company, etc.), your intended use of the property, and the time frames for the use. SUBMIT A REC APPLICATION STEP 03 Please keep in mind that we regularly lease property for a variety of uses, including leases for very specific purposes, including horseback riding, hunting, fishing, and cross-country skiing. In some instances, we might issue separate leases for each individual use. Please keep your request as specific as possible. BIKING IN ADDITION to the application, we strongly recommend that you provide a supplemental narrative describing the proposed use. This narrative helps us better understand how your proposed use fits with other uses in place, and how it will be managed over the term of the lease. A sample narrative is available upon request. CAMPING - 4 -

5 SUBMIT A REC APPLICATION (continued...) STEP 03 BACKCOUNTRY SPORTS Once submitted, State Land Board staff will review your application. Keep in mind that this process typically takes 60 days to complete, or longer if Board approval is required. With all our recreational lease applications, staff will: Review of proposed use, application, and narrative Review of applicant s history with the Board, and within the local community Review and verification of proposed access to site Review of special license requirements (e.g. Outfitters and Guide license) Consultation with other agencies regarding the proposed activity (e.g. Colorado Parks and Wildlife, USFS, BLM, etc.) Review of special management considerations on property requested (e.g. sensitive plant species, archaeological sites, etc.) Determine compatibility with other existing uses on site Review of market lease rates for proposed use Provide notice to other existing lessees With some proposed uses, staff has the ability to approve the application administratively. However, certain uses must go before the Board of Land Commissioners for final approval. Please contact State Land Board staff if you would like further clarification.

6 ONCE APPROVED, staff will prepare a final lease document and send it to you for signatures. Please read the document carefully before signing, as it sets forth the rights and responsibilities of both the State Land Board and the lessee, including the annual rental amount, due date, and insurance requirements. EXECUTE YOUR LEASE STEP 04 Once your lease is in effect, you have obtained the right and authorization to use the parcel for those uses specifically listed. Please keep in mind that in most cases your rent will be due in advance, typically on the anniversary date of your lease. AGRITOURISM BECAUSE we lease for a variety of purposes, and occasionally for the same purpose to separate parties, you might not be the only lessee on a property. Please be mindful of your use and its effects on other s use of the property. In the event you see or encounter unauthorized use, please do not attempt to confront the other party. In these instances, it is best to call the local Sheriff s Office, or a Wildlife Manager if it is a wildlife related issue. SLB ENJOY! STEP

7 FREQUENTLY ASKED QUESTIONS If the State of Colorado owns state trust land, why isn t it open for public use similar to other publicly owned land (e.g. USFS or BLM land)? Unlike other types of publicly owned land, state trust land was set aside for the specific purpose of supporting public institutions. The State Land Board raises revenue by leasing these properties to private parties. Because state trust land is held in trust and leased to generate revenue, it is not open for general public use. Do my tax dollars go to support the ownership and maintenance of state trust land? We are a self-funded agency. The State Land Board operates on a small percentage of the revenue raised through land leasing activities. Who needs to apply for a recreational lease? Any party interested in entering or occupying state trust land for any type of recreational use/activity must obtain prior written authorization, either through a recreational lease or a special use/temporary access permit. This includes, but is not limited to: individuals, businesses, outdoor organizations, interpretive ventures, educational groups, and sportsman s clubs. See Colorado Revised Statutes (CRS) for additional information. I already have an agricultural lease on the property; why do I need a separate recreational lease? Your lease entitles you to use the property only for those uses specifically identified within the lease document. All other uses require a separate agreement (lease) from the State Land Board. What uses can I apply for through a recreational lease? You are welcome to apply for most recreational uses. However, please keep in mind that in addition to revenue generation, we managed state trust land in a manner that will maintain its overall value, primarily through proper stewardship practices. Uses that have a heavy footprint on the land, create considerable impacts, or interfere with existing use of the land may be rejected. We recommend that speak to a District Manager or the Recreation Program Manager prior to applying for recreational lease. What is your typical lease term? 5 years. We may consider longer terms, but this requires special approval by our Board

8 Can I conduct guided hunts on leased property? Guiding and Outfitting on state trust land requires specific approval by the State Land Board. If you apply for private hunting, only you and your guests may hunt on the property. If you intend to use the property for commercial hunting purposes (e.g. guided hunting, walk-on access for a fee), you must indicate this on your application. For guiding or outfitting, you must provide a copy of your current Colorado Outfitters and Guide License. Can I enroll leased property in big game hunting programs like Ranching for Wildlife, or to obtain Priority Landowner Preference vouchers through Colorado Parks and Wildlife? Enrollment of state trust land in the Ranching for Wildlife Program requires prior written approval by the State Land Board. Unless specifically written into your recreation lease, you do not have the proper authorization to enroll state trust land in programs, and enrollment without prior approval may result in cancellation of your lease. Leased land does not qualify for Priority Landowner Preference vouchers, as the land is held in trust and managed by the State Land Board. Only private (fee) property is eligible for this program. Please visit Colorado Parks and Wildlife s website for more information: state.co.us After I obtain a recreation lease, what uses does it entitle me to? Your lease document describes the specific uses that you may enjoy on state trust land. If you are interested in other uses, you must contact the State Land Board to discuss. Am I allowed to camp on leased property? We will consider camping, or overnight use of a property, on a case-by-case basis. Can I park my Recreational Use Vehicle (RV) on the property? This depends on the type of vehicle, the season of use, and other existing uses on the property. In general, we do not permit single wide homes or construction trailers on state trust land. As with all other improvements, permanent structures require prior written approval by the State Land Board. Please contact your District Manager or the Recreation Program Manager for more information. Can I cut down trees on my leased land? You may not cut down any live trees, or clear any woody plants (e.g. shrubs) on a leased property. Please do not collect downed woody debris as it plays an important role (e.g. wildlife habitat, erosion control) in the overall function of the greater ecosystem

9 Can I build an open campfire on my leased state trust land? That depends on your lease and local fire restrictions. Even though a lease may allow open campfires, you must abide by all local and state fire-bans in the area. In some instances, we will designate areas where campfires are allowed. Can I operate a motorized vehicle on state trust land under a recreational lease? Motorized vehicles are limited to existing public right-of-ways and designated roadways or trails. We recommend that you talk with the District Manager or the Recreation Program Manager prior to engaging in any off-road activity, as resource damage caused by recreational use of a property is the lessee s responsibility. Does the State Land Board manage its timber resources similar to the US Forest Service? Timber resources on state trust land are managed by the Colorado State Forest Service (CSFS) through an interagency agreement. On some properties, the CSFS or their contractor may harvest timber to improve forest health. Please contact your District Manager if you notice illegal harvesting of timber resources. What kinds of improvement can I install on the site? All improvements on the property require prior written approval by the State Land Board. Please contact your District Manager or the Recreation Program Manager for more information. Can I build a cabin or set up a yurt on my leased land? All improvements on state trust land require prior written approval by the State Land Board. Please contact your District Manager or the Recreation Program Manager for more information. Can I post leased property to prevent trespass? The State Land Board has a variety of sign types that can be used to post leased property. Please contact your District Manager or the Recreation Program Manager to request the appropriate signs. I have a hunting lease on a property; do I have to obtain a tag or license to hunt on the property? You are required to abide by all state and federal rules, regulations, and laws pertaining to hunting and fishing, including requirements to obtain a hunting license and tags for big game species. Please remember that wildlife resources are owned by State of Colorado and managed by Colorado Parks and Wildlife. Please visit their website for more information:

10 Can I install a locked gate at the entrance points to the property? Because we may have multiple leases on a property, we require that our lessees obtain prior written approval before installing locked gates at entrances to state trust land. If allowed, we will help coordinate access with other lessees. I am only interested in using a property for a one-time event. Should I apply for a recreation lease? One-time events, such as weddings, family reunions, or weekend horseback rides may be considered through a Special Use or Temporary Access Permit. Fees may be assessed depending on the use, the duration, and the type of organization applying for use. Please contact your District Manager or the Recreation Program Manager for more information. Is target shooting allowed on state trust land under my recreation lease? In order to provide for the safety of nearby residents, landowners, and other authorized users of state trust land, target shooting is strictly prohibited on state trust land. The use of firearms by authorized lessees, in conjunction with legal hunting, is permitted. Is rock collecting, fossil collecting, or gold panning allowed on state trust land? Rock collecting, fossil collecting, recreational or hobby prospecting, and smallscale mining are all prohibited on state trust land. Please contact your District Manager or the Recreation Program Manager for more information. Do I have to obtain insurance? Liability insurance is a requirement of all our recreation leases. All recreation lessees must obtain insurance that meets our minimum requirements (currently $1,000,000 per occurrence), and must list the State Board of Land Commissioners as additional insured. Once a lease is issued, it is the responsibility of the lessee to provide annual proof of continued coverage. Failure to provide annual proof may result in cancellation of the lease

11 What is the Public Access Program? The Public Access Program is a lease agreement between the State Land Board and Colorado Parks and Wildlife (CPW), allowing for general public access on enrolled state trust land for wildlife related recreation, specifically hunting, fishing, and watchable wildlife. About 500,000 acres of state trust land is open for seasonal public use through this program, but there are limitations. Outside of the open period, the general public is not allowed access to enrolled parcels. Hiking and horseback riding are not allowed unless they are in conjunction with hunting or fishing. It is your responsibility to understand which parcels of state trust land are enrolled in the Program, which wildlife related uses are allowed, and the time frame for use. Unauthorized use outside of the Public Access Program is considered trespass, and may be prosecuted. For more information about which state trust lands are open through this program, please visit CPW s website for more information: Can I lease a property enrolled in the Public Access Program for recreational use? It depends on the specific parcel and the requested use. The State Land Board may consider uses outside of wildlife related recreation if it does not interfere with wildlife related recreation permitted through the Public Access Program. For example, a lease for winter snowmobiling or summer horseback riding may be granted if the period of use falls outside of big game hunting season. Please contact your District Manager or the Recreation Program Manager for more information. Who do I contact to report illegal or unauthorized use of state trust land? If you notice illegal activity or unauthorized use on a state trust parcel, please contact the local Sheriff s office or a District Wildlife Manager if it is a wildlife related issue. Can I use existing structures or improvements on state trust? Unless authorization is granted as a part of your lease, you may not use or occupy any existing structure, facility, or improvement on state trust land. These may be the personal property of another lessee, or may not be structurally sound for use. Can I collect antlers from state trust land? All resources found on state trust land belong to the State of Colorado. Unless you have prior written authorization from the State Land Board, you may not prospect, collect or harvest any resource on state trust land, including antlers and bones

12 Can I submit a bid against an existing recreational lease? We accept competitive applications against existing recreational leases during the lease renewal period. If multiple applications are received for a single property, we will auction the lease through a standard step-auction process. Contact your District Manager or Recreation Program Manager for more details. Can the existing agricultural lessee on a property can match my bid for a recreational lease? Historically, our leasing procedures did allow existing agricultural lessees to match any bid on applications submitted for recreational use. While this simplified our leasing process, it discouraged others in the marketplace from submitting applications. Any resources (e.g. time and money) spent submitting an application could easily be lost through a matched bid. To maintain fairness to all applicants, promote competitiveness, and attain true market price for our recreational leases, the State Land Board no longer allows matched bids on recreational leases. Is there a minimum bid required for recreational leases? Please bid an amount you are comfortable paying for on an annual basis. The most common bid formats we receive are a per parcel price or a per acre price. We do not accept applications for less than $500/year, and even then, we typically take the higher of $500 or the current market rate as assessed by the State Land Board. We reserve the right to counter or reject any and all offers. How does the State Land Board determine market rates for recreational leases? We use the same process a private individual would use to determine fair market value. Typically, this includes a review of the following: Available recreation opportunities Access Advertised leases in the area Internal leasing data for similar uses Unique characteristics of property Can I apply for more than one parcel of state trust land on the same application? A separate application is required for each non-contiguous parcel of state trust land. Can I assign my recreational lease, use it as collateral, or sublease to another entity? Recreational leases from the State Land Board are not assignable or transferable, and cannot be used as collateral. Subleasing under a recreational lease is prohibited, and any attempt to sublease may result in cancellation of your lease

13 DISTRICT OFFICES 1 EAGLE, GARFIELD, GRAND, JACKSON, MOFFAT, RIO BLANCO, ROUTT, SUMMIT 2 3 ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, CLEAR CREEK, DENVER, DOUGLAS, ELBERT, GILPIN, JEFFERSON, LARIMER, MORGAN, WELD LOGAN, PHILLIPS, SEDGWICK, WASHINGTON, YUMA 4 ALAMOSA, ARCHULETA, CHAFFEE, CONEJOS, COSTILLA, DELTA, DOLORES, GUNNISON, HINSDALE, HUERFANO, LAKE, LA PLATA, LAS ANIMAS, MESA, MINERAL, MONTEZUMA, MONTROSE, OURAY, PITKIN, RIO GRANDE, SAGUACHE, SAN JUAN, SAN MIGUEL 5 CROWLEY, CUSTER, EL PASO, FREMONT, LINCOLN, OTERO, PARK, PUEBLO, TELLER 6 BACA, BENT, CHEYENNE, KIOWA, KIT CARSON, PROWERS DISTRICT 1 - NORTHWEST Jerod Smith District Manager PO BOX 1094, 5555 Breeze Street Craig, CO (970) DISTRICT 2 - NORTH CENTRAL Matt Pollart District Manager 360 Oak Avenue, Suite 110 Eaton, CO (970) DISTRICT 3 - NORTHEAST Wilbur Strickert District Manager 318 W. Main Street Sterling, CO (970) DISTRICT 4 - SOUTHWEST Kit Page District Manager PO Box 88, 305 Murphy Drive, Suite A Alamosa, CO (719) DISTRICT 5 - SOUTH CENTRAL John Valentine District Manager 4718 N. Elizabeth Street, Suite C Pueblo, CO (719) DISTRICT 6 - SOUTHEAST Mike Pollart District Manager 700 S. Main Street Lamar, CO (719)