Section 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.Amended by 2021 Ch. 273, § 5, eff. 9/7/2021.L. 84: Entire article added, p. 885, § 2, effective 1/1/1985. 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. 1217, p. 1217, § 34, effective June 4. L. 2021: (4) and (5) added, (SB 21-249), ch. 1589, p. 1589, § 5, effective September 7.Section 11(3) of chapter 273 (SB 21-249), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after September 7, 2021.
2021 Ch. 273, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the "Land and Water Conservation Fund Act of 1965", see Pub.L. 88-578.