A Bill for an Act
Page 1, Line 101Concerning the creation of a work group to study the uses
Page 1, Line 102of state trust lands.
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.
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.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:
Page 2, Line 3(a) The state board of land commissioners serves as the trustee of
Page 2, Line 4lands granted to the state in public trust by the federal government, lands
Page 2, Line 5acquired in lieu thereof, and additional lands held by the state board in public trust, which lands are commonly referred to as "state trust lands";
Page 2, Line 6(b) The state board of land commissioners manages 2.8 million
Page 2, Line 7surface acres and 4 million subsurface acres, making it the second largest landowner in the state behind the federal government;
Page 2, Line 8(c) As trustee of the state trust lands, the state board of land
Page 2, Line 9commissioners' management of state trust lands provides vital funding for
Page 2, Line 10public schools, and in state fiscal year 2023-24, the lands generated
Page 2, Line 11$229,021,719 for the school trust and $1,629,374 for other public institutions;
Page 2, Line 12(d) Under federal law and under section 10 of article IX of the
Page 3, Line 1state constitution, state trust lands shall be managed exclusively for the benefit of the designated beneficiaries of the trusts;
Page 3, Line 2(e) Conservation and outdoor recreation may be identified as a form of benefit to the trust beneficiaries;
Page 3, Line 3(f) Contributions to reducing emissions and addressing climate
Page 3, Line 4change through the development of transmission and renewable energy
Page 3, Line 5generation on state trust lands are a form of benefit to the trust beneficiaries;
Page 3, Line 6(g) Housing for teachers, educators, school employees, and families with children is a form of benefit to the trust beneficiaries;
Page 3, Line 7(h) In 1959, the state legislature assigned existing and future
Page 3, Line 8revenue from lands in the internal improvements and saline trusts to the
Page 3, Line 9development and maintenance of state parks, which trusts currently hold
Page 3, Line 1058,423 acres of surface land, of which 8,817 acres are currently managed as part of existing state parks;
Page 3, Line 11(i) Agricultural leases on state trust lands contribute to and help
Page 3, Line 12to preserve Colorado's working landscapes while providing economic benefit to the trust beneficiaries;
Page 3, Line 13(j) The vast majority of revenue generated from state trust lands
Page 3, Line 14comes from extractive industries, such as oil and gas development. For
Page 3, Line 15example, in state fiscal year 2023-24, more than 80% of trust revenues,
Page 3, Line 16equaling $191,256,088, was derived from revenue generated from extractive mineral leases.
Page 3, Line 17(k) In 1996, the registered voters of this state approved
Page 3, Line 18amendments to sections 3, 9, and 10 of article IX of the state constitution
Page 3, Line 19to make changes to the state board of land commissioners' composition
Page 3, Line 20and mandate. Among other matters, the amendments to section 10 of article IX did the following:
Page 4, Line 1(I) Clarified the state board's authority to manage and promote the
Page 4, Line 2long-term yields of state trust lands by changing the state board's mandate to "produc[ing] reasonable and consistent income over time";
Page 4, Line 3(II) Articulated a vision for the state board's management of all
Page 4, Line 4state trust lands, stating that "the economic productivity of all lands held
Page 4, Line 5in public trust is dependent on sound stewardship, including protecting
Page 4, Line 6and enhancing the beauty, natural values, open space[,] and wildlife habitat thereof, for this and future generations";
Page 4, Line 7(III) To fulfill in part the direction to "protect and enhance the
Page 4, Line 8long-term productivity and sound stewardship" of all state trust lands, directed the state board to, among other activities:
Page 4, Line 9(A) Establish and maintain "a long-term stewardship trust of up to 300,000 acres of land";
Page 4, Line 10(B) Manage the development and utilization of natural resources
Page 4, Line 11"in a manner which will conserve the long-term value of such resources, as well as existing and future uses"; and
Page 4, Line 12(C) Sell or lease "conservation easements, licenses[,] and other similar interests in land";
Page 4, Line 13(l) The state board of land commissioners maintains a special
Page 4, Line 14management overlay, known as the "long-term stewardship trust" or
Page 4, Line 15"stewardship trust", which currently includes approximately 296,000 acres;
Page 4, Line 16(m) Stewardship trust parcels are managed as working lands with
Page 4, Line 17special care taken regarding the concerns depicted in the amended article
Page 4, Line 18IX of the state constitution and, as such, are leased for agriculture,
Page 4, Line 19mining, oil and gas development, ecosystem services, public access, and other uses and are held for future disposition;
Page 5, Line 1(n) The constitutional stewardship trust provision anticipates the
Page 5, Line 2state board of land commissioners' continuing existing and nonconflicting
Page 5, Line 3uses of state trust lands while also managing the lands to improve and
Page 5, Line 4protect their natural values. The state board may consider whether a
Page 5, Line 5proposed use is in conflict with the state board's stewardship trust obligations.
Page 5, Line 6(o) It is the intent of the general assembly that uses, including
Page 5, Line 7those by the division of parks and wildlife, the Colorado natural areas
Page 5, Line 8program, the Colorado state forest service, ecosystem services,
Page 5, Line 9conservation, and agriculture, should be deemed compatible with the state
Page 5, Line 10board of land commissioners' duty to permit only those uses on
Page 5, Line 11stewardship trust parcels that protect and enhance the beauty, natural values, open space, and wildlife habitat of the trust parcels;
Page 5, Line 12(p) The state board of land commissioners, in fulfilling its
Page 5, Line 13stewardship responsibilities for the benefit of the trust beneficiaries,
Page 5, Line 14contributes to the preservation, protection, and enhancement of
Page 5, Line 15Colorado's land and waterways through ecosystem services leasing;
Page 5, Line 16coordination with the Colorado natural areas program; stewardship lease
Page 5, Line 17reviews and lease stipulations; asset management plans; stewardship
Page 5, Line 18action plans for important target plants, animals, and ecosystems; biodiversity projects; adaptive grazing; and other tools and programs;
Page 5, Line 19(q) These efforts align with the stewardship goals of the state
Page 5, Line 20board of land commissioners' strategic plan of protecting and enhancing
Page 5, Line 21the long-term economic value of the trust's physical assets by increasing
Page 5, Line 22the resiliency of state trust lands and other real property assets in the face
Page 5, Line 23of extreme weather events and climate change;
Page 6, Line 1(r) These efforts further the climate-resilient conservation and
Page 6, Line 2restoration goals of Colorado's outdoors strategy by helping wildlife and
Page 6, Line 3landscapes thrive amidst climate change, increasing visitation, and other
Page 6, Line 4stressors; ensuring habitats are resilient and connected; and providing community benefits from healthy ecosystems and agricultural land;
Page 6, Line 5(s) The state board of land commissioners' management of the
Page 6, Line 6state trust lands for the intergenerational economic benefit of the trust
Page 6, Line 7beneficiaries contributes to the protection of historic, geologic, and
Page 6, Line 8cultural resources in its property management and through archeological and ethnographic research;
Page 6, Line 9(t) State trust lands adjacent to and inholdings of federal, state,
Page 6, Line 10local government, and private lands with conservation protections,
Page 6, Line 11including national parks, federal wildlife areas, state parks, and open
Page 6, Line 12space, merit additional study to investigate their conservation and
Page 6, Line 13connectivity values to surrounding lands and the resulting economic benefit to the beneficiaries of the trusts;
Page 6, Line 14(u) Under current administrative practices, state trust lands are not
Page 6, Line 15open to public access unless the state board of land commissioners gives written authorization for such access;
Page 6, Line 16(v) Approximately 500,000 acres of state trust lands are leased to
Page 6, Line 17private individuals for private recreation, and each lessee controls the recreational opportunities pursuant to the terms of their lease;
Page 6, Line 18(w) In recent years, the state board of land commissioners, in
Page 6, Line 19coordination with the division of parks and wildlife, local parks, and
Page 6, Line 20recreation and open space departments, has helped meet growing
Page 6, Line 21demands for public recreation use through a multiple-use management
Page 6, Line 22policy that maintains other leases for mineral development, agriculture, and renewable energy development on the same lands;
Page 7, Line 1(x) Through this model, the state board of land commissioners
Page 7, Line 2leases approximately one million acres of state trust lands to the division
Page 7, Line 3of parks and wildlife for hunter and angler access, and many such lands are also leased for other uses such as agriculture;
Page 7, Line 4(y) The division of parks and wildlife pays the state board of land
Page 7, Line 5commissioners to lease those lands for public access, largely through revenue from hunting and fishing licenses; and
Page 7, Line 6(z) Despite the state's renowned beauty and range of outdoor
Page 7, Line 7activities and natural landscapes, many Coloradans, including
Page 7, Line 8disproportionately impacted communities, face obstacles to accessing nature.
Page 7, Line 9(2) The general assembly further finds and declares that:
Page 7, Line 10(a) Section 10 of article IX of the state constitution, which was
Page 7, Line 11amended by the registered electors of this state at the 1996 general
Page 7, Line 12election, articulated a new vision for the state board of land
Page 7, Line 13commissioners' management of all state trust lands by aligning the work
Page 7, Line 14of the state board to accomplish a mission to produce reasonable and
Page 7, Line 15consistent income over time and to provide sound stewardship of the state trust assets;
Page 7, Line 16(b) In the nearly 30 years since the passage of the amendment to
Page 7, Line 17section 10 of article IX of the state constitution, the state board of land
Page 7, Line 18commissioners has made important strides toward utilizing the
Page 7, Line 19stewardship mechanisms directed by the voters, including establishing the stewardship trust and piloting an innovative ecosystem leasing program;
Page 7, Line 20(c) As the state approaches its 150th anniversary on August 1,
Page 7, Line 212026, there are opportunities to further implement the intent of section 10
Page 8, Line 1of article IX of the state constitution by continuing to diversify revenue
Page 8, Line 2streams to the benefit of the trust beneficiaries, both through revenue and
Page 8, Line 3in-kind, in a way that protects Colorado's great outdoors, wildlife, and
Page 8, Line 4recreational opportunities, which are among the state's most treasured
Page 8, Line 5resources, thus enhancing Coloradans' quality of life, bringing prosperity to the state and its residents, and representing the fabric of the state;
Page 8, Line 6(d) It is within the legislative prerogative of the general assembly
Page 8, Line 7to enact legislation that will further facilitate and implement the operation of section 10 of article IX of the state constitution;
Page 8, Line 8(e) In interpreting the provisions of section 10 of article IX of the
Page 8, Line 9state constitution, the general assembly has attempted to give the words of the constitutional provision their natural and obvious meaning;
Page 8, Line 10(f) Where the meaning of section 10 of article IX of the state
Page 8, Line 11constitution is uncertain, the general assembly has attempted to ascertain
Page 8, Line 12the intent of those who adopted the measure and, when appropriate, the
Page 8, Line 13intent of the proponents, as well as to apply other generally accepted rules of construction;
Page 8, Line 14(g) The content of this legislation represents the considered
Page 8, Line 15judgment of the general assembly as to the meaning of the provisions of
Page 8, Line 16section 10 of article IX of the state constitution as it relates to the state board of land commissioners' management approach;
Page 8, Line 17(h) While it is the intent of the general assembly that this
Page 8, Line 18legislation should not impact the terms of existing leases, long-range
Page 8, Line 19planning is prudent to further economic productivity through managing
Page 8, Line 20the natural resources of the state trust lands to conserve the long-term value of such resources;
Page 8, Line 21(i) Consistent with amendments to section 10 of article IX of the
Page 9, Line 1state constitution, the state board of land commissioners' trust obligation
Page 9, Line 2is intergenerational, and, as the Tenth Circuit Court of Appeals held in
Page 9, Line 3Branson School District Re-82 v. Romer, 161 F.3d 619, 638 (10th Cir.
Page 9, Line 41998), "a long-range vision of how best to preserve the value and
Page 9, Line 5productivity of the trust assets may very well include attention to preserving the beauty and natural values" of all state trust lands;
Page 9, Line 6(j) It is reasonable to encourage the state board of land
Page 9, Line 7commissioners, in exercising the state board's discretion to determine the
Page 9, Line 8best interests of its beneficiaries, to pursue additional revenue-generating,
Page 9, Line 9non-revenue-generating, and in-kind contributions, including
Page 9, Line 10conservation and recreational opportunities, renewable energy siting and energy transmission, housing, and broadband infrastructure;
Page 9, Line 11(k) Furthermore, the state board of land commissioners should
Page 9, Line 12explore opportunities to expand sustainably managed public access to
Page 9, Line 13state trust lands, including for communities that face systemic barriers to
Page 9, Line 14accessing nature, renewable energy siting and energy transmission, and housing, while:
Page 9, Line 15(I) Protecting natural and conservation values;
(II) Maintaining the state board's fiduciary duties; and
Page 9, Line 16(III) Respecting the rights of existing lessees;
Page 9, Line 17(l) Efforts to expand access to state trust lands could further the
Page 9, Line 18goals of Colorado's outdoors strategy to provide exceptional and sustainable recreation, including the goals to:
Page 9, Line 19(I) Make high-quality outdoor recreation experiences accessible, equitable, and inclusive; and
Page 9, Line 20(II) Ensure that management and stewardship of recreational
Page 9, Line 21opportunities provide benefits and minimize impacts for people, landscapes, wildlife, and local communities;
Page 10, Line 1(m) The state board of land commissioners can meet its
Page 10, Line 2constitutional mandates to provide reasonable and consistent revenue to
Page 10, Line 3trust beneficiaries and to preserve the future economic potential of the
Page 10, Line 4treasured underlying asset base by both protecting and enhancing the
Page 10, Line 5natural values of state trust lands and providing high-quality, sustainable,
Page 10, Line 6and equitable public recreational access, renewable energy and energy transmission siting, and housing, where appropriate; and
Page 10, Line 7(n) Any costs associated with this act do not require a general
Page 10, Line 8fund appropriation; rather, money from the state board of land
Page 10, Line 9commissioners investment and development fund created in section
Page 10, Line 1036-1-153 (1), Colorado Revised Statutes, other state trust land revenues, or other available funding should be used to effectuate this act.
Page 10, Line 11SECTION 2. In Colorado Revised Statutes, 36-1-100.3, amend
Page 10, Line 12the introductory portion; and add (1.5), (1.7), (2.4), (2.5), (2.6), (2.7), (5.5), and (8) as follows:
Page 10, Line 1336-1-100.3. Definitions. As used in this
articlePage 10, Line 14(1.5) "Department" means the department of natural resources created in section 24-33-101 (1).
Page 10, Line 15(1.7) "Division of parks and wildlife" means the division of parks and wildlife created in section 33-9-104 (1).
Page 10, Line 16(2.4) "Long-term benefits and returns to the state" means:
Page 10, Line 17(a) Benefitting future generations in recognition of the perpetual, intergenerational public trust obligations;
Page 10, Line 18(b) Protecting the underlying natural resource base and
Page 10, Line 19asset value to ensure returns for future generations of beneficiaries and achieve intergenerational equity; and
Page 11, Line 1(c) Utilizing sound stewardship to maintain long-term value over short-term revenue gains.
Page 11, Line 2(2.5) "Long-term productivity" means sustainable
Page 11, Line 3economic potential, productivity, and value of state trust lands.
Page 11, Line 4(2.6) "Long-term stewardship trust" or "stewardship
Page 11, Line 5trust" means the long-term stewardship trust established by
Page 11, Line 6the state board of land commissioners pursuant to section 10
Page 11, Line 7(1)(b)(I) of article IX of the state constitution and section 36-1-107.5 (1).
Page 11, Line 8(2.7) "Long-term value" means the ability to preserve a
Page 11, Line 9natural benefit for a future economic use or productivity, even
Page 11, Line 10if the natural benefit is not currently in use or being monetized or if the likelihood of future use or monetization is unknown.
Page 11, Line 11(5.5) "Sound stewardship" means the use of natural
Page 11, Line 12resources on state trust lands in a manner that will protect the
Page 11, Line 13long-term economic value and long-term productivity of the state trust lands for future generations of beneficiaries.
Page 11, Line 14(8) "Work group" means the state trust lands
Page 11, Line 15conservation and recreation work group convened pursuant to section 36-1-152.3.
Page 11, Line 16SECTION 3. In Colorado Revised Statutes, add 36-1-152.3, 36-1-152.5, and 36-1-152.7 as follows:
Page 11, Line 1736-1-152.3. State trust lands conservation and recreation work
Page 11, Line 18group - creation - membership - study - interim report. (1) The
Page 11, Line 19executive director of the department shall convene a state
Page 12, Line 1trust lands conservation and recreation work group to
Page 12, Line 2conduct a study to identify opportunities to advance
Page 12, Line 3conservation; climate resilience; biodiversity; and sustainable,
Page 12, Line 4equitable, and low-conflict recreation on state trust lands in
Page 12, Line 5accordance with Colorado's outdoors strategy stewarded by
Page 12, Line 6the division of parks and wildlife. The work group shall conduct
Page 12, Line 7the study in a manner consistent with the state board of land
Page 12, Line 8commissioners' fiduciary responsibility to produce reasonable and consistent revenue for trust beneficiaries.
Page 12, Line 9(2) (a) The work group shall:
Page 12, Line 10(I) Meet as often as necessary, but no fewer than four
Page 12, Line 11times, to evaluate the state trust lands and the opportunities for recreation and conservation;
Page 12, Line 12(II) Make recommendations on or before July 1, 2026, to
Page 12, Line 13the governor, the general assembly, the state board of land commissioners, and the executive director of the department;
Page 12, Line 14(III) Be assisted by a professional facilitator;
Page 12, Line 15(IV) Hold its first meeting no later than September 1, 2025;
Page 12, Line 16(V) Engage specialists or subject matter experts as
Page 12, Line 17needed, including experts on the economy, landscape ecology, and climate resilience; and
Page 12, Line 18(VI) Make all reasonable efforts to reduce the fiscal
Page 12, Line 19impact of the work group, including by allowing remote participation.
Page 12, Line 20(b) On or before February 28, 2026, the work group shall
Page 12, Line 21provide an interim report to the parties listed in subsection
Page 13, Line 1(2)(a)(II) of this section, which interim report includes, at a
Page 13, Line 2minimum, information on potential recommendations for the
Page 13, Line 3long-term stewardship trust and the internal improvements and saline trusts.
Page 13, Line 4(c) The executive director of the department shall
Page 13, Line 5appoint members to the work group pursuant to subsection (3) of
Page 13, Line 6this section on or before June 15, 2025. In conducting the study,
Page 13, Line 7the work group shall solicit public input, including input
Page 13, Line 8regarding the identification of particular properties to consider and management recommendations to include in the study.
Page 13, Line 9(3) (a) The executive director of the department shall
Page 13, Line 10select voting members of the work group, which voting members may include one or more members:
Page 13, Line 11(I) With expertise in agriculture and ranching;
Page 13, Line 12(II) With expertise in recreational uses of state trust
Page 13, Line 13lands and public lands, including expertise related to outdoor equity;
Page 13, Line 14(III) With expertise in land conservation and stewardship;
(IV) With expertise in wildlife and habitat conservation;
Page 13, Line 15(V) Who represent a regional partnership initiative;
Page 13, Line 16(VI) Who represent beneficiaries and lessees of state trust lands;
Page 13, Line 17(VII) With relevant legal or economic expertise,
Page 13, Line 18including knowledge of the state constitution, fiduciary duties, and statutes governing the issues that the work group studies;
Page 13, Line 19(VIII) Who are tribal members from the Ute Mountain Ute
Page 13, Line 20Tribe;
Page 14, Line 1(IX) Who are tribal members from the Southern Ute Indian Tribe;
Page 14, Line 2(X) Who are tribal members of a tribe with historic ties to eastern Colorado; and
Page 14, Line 3(XI) With relevant experience, as determined by the executive director of the department.
Page 14, Line 4(b) The nonvoting members of the work group are:
Page 14, Line 5(I) The commissioner of education or the commissioner's designee;
Page 14, Line 6(II) The director of the division of parks and wildlife or the director's designee;
Page 14, Line 7(III) The director of the state board of land commissioners or the director's designee;
Page 14, Line 8(IV) The executive director of the department or the executive director's designee; and
Page 14, Line 9(V) The commissioner of agriculture or the commissioner's designee.
Page 14, Line 1036-1-152.5. Work group study - requirements. (1) (a) As part
Page 14, Line 11of the study conducted pursuant to section 36-1-152.3 (1), the
Page 14, Line 12state trust lands conservation and recreation work group
Page 14, Line 13shall provide recommendations to the parties identified in
Page 14, Line 14section 36-1-152.3 (2)(a)(II) regarding how to better implement
Page 14, Line 15the mandate of section 10 of article IX of the state constitution, including recommendations on how to:
Page 14, Line 16(I) Further the long-term productivity and sound
Page 14, Line 17stewardship of all state trust lands, not only those in the
Page 14, Line 18long-term stewardship trust;
Page 15, Line 1(II) Preserve and enhance the beauty, natural values,
Page 15, Line 2open space, and wildlife of the state for current and future generations;
Page 15, Line 3(III) Promote long-term productivity for agriculture;
Page 15, Line 4(IV) Provide for sustainable, equitable, and low-conflict recreational opportunities on state trust lands; and
Page 15, Line 5(V) Manage the utilization of natural resources on state
Page 15, Line 6trust lands to conserve the long-term value, including the
Page 15, Line 7option value, which represents the willingness to pay to
Page 15, Line 8guarantee the continued availability of a resource for
Page 15, Line 9potential future use, of the state trust lands while the state board of land commissioners carries out its fiduciary duties.
Page 15, Line 10(b) The work group's recommendations shall not be
Page 15, Line 11construed to alter or impair the validity of any existing leases on state trust lands.
Page 15, Line 12(2) The work group's study must include, at a minimum:
Page 15, Line 13(a) Soliciting regional partnership initiatives and counties
Page 15, Line 14to identify state trust land parcels that hold unique
Page 15, Line 15opportunities for regional recreation, conservation activities, and agricultural opportunities;
Page 15, Line 16(b) A review of state trust land parcels for opportunities
Page 15, Line 17to advance conservation, climate resiliency, or habitat
Page 15, Line 18connectivity, including conservation or agricultural leases or
Page 15, Line 19permanent protection, including through sales and intertrust swaps;
Page 15, Line 20(c) Identification of priority parcels, which identification
Page 15, Line 21may include recommendations as to whether and how long-term
Page 16, Line 1disposition of priority parcels should occur, including lease,
Page 16, Line 2easement, or fee title acquisition for conservation purposes
Page 16, Line 3such as habitat restoration or ecosystem services. Identification of priority parcels must include consideration of:
Page 16, Line 4(I) State park and state wildlife area creation or
Page 16, Line 5expansion, including through the use of the internal improvements and saline trusts;
Page 16, Line 6(II) Future long-term management solutions for parks
Page 16, Line 7and wildlife areas currently leased or utilized by the division
Page 16, Line 8of parks and wildlife, including Lone Mesa state park and Queens state wildlife area;
Page 16, Line 9(III) Current and future public use by schoolchildren for outdoor recreation and educational purposes; and
Page 16, Line 10(IV) High-value lands used to improve climate-resilient
Page 16, Line 11conservation and recreation opportunities, including those lands with:
Page 16, Line 12(A) Important habitat for species of greatest conservation needs;
Page 16, Line 13(B) High-priority habitats, as defined in section 34-60-132 (1)(n), identified by the division of parks and wildlife;
Page 16, Line 14(C) Wetlands and riparian areas; and
(D) Habitat connectivity;
Page 16, Line 15(d) Recommendations regarding actions to advance
Page 16, Line 16conservation and recreation on state trust lands based in part
Page 16, Line 17on an analysis of conservation measures and public recreation
Page 16, Line 18access and management solutions on state trust lands in other
Page 16, Line 19states, including:
Page 17, Line 1(I) An evaluation of the challenges and opportunities
Page 17, Line 2associated with public recreational access on state trust lands,
Page 17, Line 3including ways to reduce conflicts with and impacts to existing
Page 17, Line 4lessees and consideration of lessons from other states regarding management of recreation on state trust lands;
Page 17, Line 5(II) Opportunities for the state board of land
Page 17, Line 6commissioners to utilize nonperpetual conservation leases in
Page 17, Line 7accordance with section 10 of article IX of the state constitution; and
Page 17, Line 8(III) Methods for implementing the tools described in
Page 17, Line 9subsection (2)(d)(II) of this section, including valuation of
Page 17, Line 10conservation leasing opportunities and consideration of long-term value;
Page 17, Line 11(e) Consideration of potential net revenue changes or
Page 17, Line 12management changes when identifying state trust land parcels for examination;
Page 17, Line 13(f) Consideration of the internal improvements and saline
Page 17, Line 14trusts, including the development of recommendations for use
Page 17, Line 15of the internal improvements and saline trusts to ensure
Page 17, Line 16maximum public benefit for advancement of the division of parks and wildlife's mission, including consideration of:
Page 17, Line 17(I) Outdoor recreation and wildlife conservation; and
Page 17, Line 18(II) Transferring title of land within the internal
Page 17, Line 19improvements and saline trusts to the division of parks and wildlife;
Page 17, Line 20(g) An assessment of opportunities to continue and expand
Page 17, Line 21upon sound stewardship and land management practices
Page 18, Line 1through agricultural leases and opportunities to advance
Page 18, Line 2long-term management for agricultural leases on state trust
Page 18, Line 3land parcels, including those parcels in the long-term stewardship trust;
Page 18, Line 4(h) An assessment of state trust land parcels in the
Page 18, Line 5long-term stewardship trust, which assessment includes the
Page 18, Line 6identification of stewardship trust properties with existing uses
Page 18, Line 7or long-term impacts that are incompatible with primarily
Page 18, Line 8protecting and enhancing beauty, natural values, open space,
Page 18, Line 9and wildlife habitat. Some leases may be presumed compatible,
Page 18, Line 10such as Colorado natural areas program leases, the division of
Page 18, Line 11parks and wildlife leases, conservation leases, ecosystem services leases, and agricultural leases.
Page 18, Line 12(i) Recommendations to:
Page 18, Line 13(I) Evaluate long-term stewardship trust properties or
Page 18, Line 14portions of stewardship trust properties in which the existing
Page 18, Line 15use or uses create long-term impacts that are incompatible with
Page 18, Line 16primarily protecting and enhancing beauty, natural values, open space, and wildlife habitat; and
Page 18, Line 17(II) Develop a proposed process to timely address any
Page 18, Line 18incompatibility, including by the removal and nomination of
Page 18, Line 19other state trust land properties as replacement parcels with qualifying values and equivalent acreage;
Page 18, Line 20(j) Evaluation and reporting on the long-term value,
Page 18, Line 21including the option value, of long-term stewardship trust assets;
Page 18, Line 22(k) Recommendations regarding rigorous review
Page 19, Line 1standards of future leases of stewardship trust parcels to
Page 19, Line 2better preserve long-term benefits and returns to the state,
Page 19, Line 3including requirements to evaluate the division of parks and
Page 19, Line 4wildlife's high-priority habitats, as defined in section 34-60-132
Page 19, Line 5(1)(n); habitat connectivity; wetland and riparian resources; the
Page 19, Line 6presence of conservation easements; existing land stewardship
Page 19, Line 7practices; rare plants and plant communities; important wildlife
Page 19, Line 8species; cultural resources; paleontological resources; and geologic resources; and
Page 19, Line 9(l) Recommendations on how to improve public engagement
Page 19, Line 10of appropriate stakeholders, including local governments,
Page 19, Line 11state agencies, federal agencies, and tribal nations, in the
Page 19, Line 12consultation and notification process used for new leases or uses of long-term stewardship trust parcels.
Page 19, Line 13(3) On or before October 1, 2025, the state board of land commissioners shall:
Page 19, Line 14(a) Review all existing leases on long-term stewardship
Page 19, Line 15trust parcels to determine whether the lands are managed
Page 19, Line 16primarily to preserve long-term returns and benefits to the
Page 19, Line 17state, including to protect and enhance the lands' beauty,
Page 19, Line 18natural values, open space, and wildlife habitat and provide a report of the same matters to the work group;
Page 19, Line 19(b) Review and update, if necessary, all existing
Page 19, Line 20stewardship trust management plans or other applicable plans
Page 19, Line 21to achieve conservation purposes and require corrective
Page 19, Line 22management actions in accordance with the existing
Page 19, Line 23stewardship trust policy and lease terms and provide a detailed
Page 20, Line 1summary to the work group of the review and any resulting actions;
Page 20, Line 2(c) Provide to the work group, to the extent the
Page 20, Line 3information is available, a report regarding all occasions since
Page 20, Line 41996 in which a lease proposed for a stewardship trust parcel
Page 20, Line 5was denied as incompatible with primarily protecting and
Page 20, Line 6enhancing beauty, open space, natural values, and wildlife habitat;
Page 20, Line 7(d) Provide to the work group, to the extent possible,
Page 20, Line 8documentation of lease stipulations that highlight measures to
Page 20, Line 9protect and enhance beauty, open space, natural values, and wildlife habitat when leasing stewardship trust lands; and
Page 20, Line 10(e) Provide to the work group an analysis of public
Page 20, Line 11recreational access and management solutions on state trust
Page 20, Line 12lands in other states, including hunting, fishing, water access
Page 20, Line 13sites, motorized and nonmotorized trails, camping, and wildlife viewing.
Page 20, Line 1436-1-152.7. State board consideration of work group
Page 20, Line 15recommendations - conservation lease policies - rules. (1) On or
Page 20, Line 16before December 15, 2026, the state board of land commissioners
Page 20, Line 17shall consider the work group's recommendations in the study
Page 20, Line 18conducted pursuant to section 36-1-152.3 and adopt an administrative policy or rules to establish, at a minimum:
Page 20, Line 19(a) A process governing the implementation of
Page 20, Line 20conservation leases and related instruments on state trust
Page 20, Line 21lands, including a framework for the structure, pricing, and
Page 20, Line 22duration of such instruments;
Page 21, Line 1(b) A specific process to substantiate how the state board
Page 21, Line 2balances revenue generation with conserving the long-term value of state trust lands; and
Page 21, Line 3(c) Any other policies or rules the state board, in its
Page 21, Line 4discretion, deems necessary to implement section 10 of article IX of the state constitution.
Page 21, Line 5SECTION 4. Safety clause. The general assembly finds,
Page 21, Line 6determines, and declares that this act is necessary for the immediate
Page 21, Line 7preservation of the public peace, health, or safety or for appropriations for
Page 21, Line 8the support and maintenance of the departments of the state and state institutions.