The West Virginia Legislature has passed a bill that would authorize the state Division of Natural Resources to enter into third-party contracts in support of new recreational facilities at all state forests and all but one state park.
Less than an hour until midnight on the final night of the legislative session, the House of Delegates voted 68-29 for House Bill 4408 after signing off on changes that the Senate made to the bill.
The Senate voted 22-10 earlier Saturday to approve the bill, which would allow the DNR director to execute third-party contracts to finance, construct and operate new “recreational, lodging and ancillary” facilities at state forests and state parks.
The bill now goes before Gov. Jim Justice for him to consider signing into law.
Critics of HB 4408 fear that language is too broad and may lead to casinos, racetracks and other outsized attractions inside state parks and forests, compromising their nature-based appeal.
Officials from the state departments of Commerce and Tourism lobbied legislators to support the bill, contending it would encourage private investment.
Department of Tourism Secretary Chelsea Ruby denied plans for allowing casinos or all-terrain vehicles in state parks in testimony before the Senate Finance Committee Wednesday prior to the panel signing off on the bill.
State law already allows the DNR director to enter into third-party contracts for financing, building and operating recreational, lodging and ancillary facilities at Chief Logan, Beech Fork, Tomlinson Run, Stonewall Jackson Lake, Lost River and Canaan Valley Resort state parks.
The Senate in a 19-10 vote approved an amendment proposed by Minority Whip Richard Woelfel, D-Cabell, to exclude only Watoga State Park from the state parks for which the DNR director can enter into third-party contracts pursuing new recreational facilities.
Woelfel noted that Watoga State Park was recently designated a Dark Sky Park by the International Dark Sky Association, meaning that it has a high quality of starry nights and a nocturnal environment protected for its natural heritage and public enjoyment.
Located in Pocahontas County, Watoga State Park is West Virginia’s largest state park.
An amendment that Robert D. Beach, D-Monongalia, proposed to exclude Coopers Rock State Forest from those state parks and forests for which the DNR director may enter into third-party contracts into was previously rejected in the Senate Natural Resources Committee.
Delegate Evan Hansen, D-Monongalia, pointed out on the House floor prior to the House’s final approval late Saturday night that two other state sites, the adjacent Calvin Price State Park and nearby Droop Mountain Battlefield State Park, received Dark Sky Park designations alongside Watoga State Park.
“I’m sure we all have our own favorite state parks and state forests that we might want to exclude,” Hansen said. “One of them got in on the last night of the session, and the reasoning for putting that in is not even consistent with others that got left out.”
The bill requires the DNR director to conduct a public hearing before “initiating” a contract for new recreational, lodging and ancillary facilities in the county where the facility is to be located. An amendment attaching that requirement to the bill was added after West Virginia Rivers Coalition Executive Director Angie Rosser lobbied for a public hearing provision before the Senate Finance Committee.
Current state code mandates a Division of Natural Resources-conducted public hearing for contracts for previously state-operated state park lodges, cabins, campgrounds, gift shops, golf or ski facilities.
James Bailey, deputy secretary and general counsel for the Department of Commerce, which houses the Division of Natural Resources, declined to weigh in at a House committee meeting last month on what activities might be inconsistent with the purpose of parks and recreation. Bailey said that, under a strict reading of existing state code, a Kings Dominion amusement park could fall under permissible outdoor recreation activities.
Ruby cited equestrian parks, mountain coasters and large-scale RV parks as examples of amenities the state is looking to attract private investments in.
The House of Delegates rejected amendments that would have barred casinos in any state park and DNR contracts for off-road vehicle trail development within any state park or forest before voting for HB 4408 in a 77-20 vote on Feb. 28.
Delegate Brandon Steele, R-Raleigh, defended HB 4408 against the amendments, and argued that Fast’s amendment was unnecessary, citing a bill provision requiring facilities constructed under HB 4408 to be in accordance with state code calling for the protection of “natural areas.”
The Rivers Coalition expressed concerns that HB 4408 could reduce the affordability of state parks and puts too much power in the hands of the DNR director.
The Senate Finance Committee amended HB 4408 to stipulate that any contract entered into under the bill be approved by the secretaries of the Commerce, Economic Development, and Tourism departments rather than allowing the director to act unilaterally.
