Text of Amendment 16

State Trust Lands

Be it Enacted by the People of the State of Colorado:

SECTIONS 3, 9 AND 10 OF ARTICLE IX OF THE CONSTITUTION OF THE STATE OF COLORADO ARE AMENDED TO READ:

Section 3. School fund inviolate.

The public school fund of the state shall, EXCEPT AS PROVIDED IN THIS ARTICLE IX, forever remain inviolate and intact AND the interest AND OTHER INCOME thereon, only, shall be expended in the maintenance of the schools of the state, and shall be distributed amongst the several counties and school districts of the state, in such manner as may be prescribed by law. No part of this fund, principal,or interest, OR OTHER INCOME shall ever be transferred to any other fund, or used or appropriated, except as herein provided IN THIS ARTICLE IX. The state treasurer shall be the custodian of this fund, and the same shall be securely and profitably invested as may be by law directed. The state shall supply all losses thereof that may in any manner occur. IN ORDER TO ASSIST PUBLIC SCHOOLS IN THE STATE IN PROVIDING NECESSARY BUILDINGS, LAND, AND EQUIPMENT, THE GENERAL ASSEMBLY MAY ADOPT LAWS ESTABLISHING THE TERMS AND CONDITIONS UPON WHICH THE STATE TREASURER MAY (1) INVEST THE FUND IN BONDS OF SCHOOL DISTRICTS, (2) USE ALL OR ANY PORTION OF THE FUND OR THE INTEREST OR OTHER INCOME THEREON TO GUARANTY BONDS ISSUED BY SCHOOL DISTRICTS, OR (3) MAKE LOANS TO SCHOOL DISTRICTS. DISTRIBUTIONS OF INTEREST AND OTHER INCOME FOR THE BENEFIT OF PUBLIC SCHOOLS PROVIDED FOR IN THIS ARTICLE IX SHALL BE IN ADDITION TO AND NOT A SUBSTITUTE FOR OTHER MONEYS APPROPRIATED BY THE GENERAL ASSEMBLY FOR SUCH PURPOSES.

Section 9. State board of land commissioners.

(1) The state board of land commissioners shall be composed ofthree FIVE persons to be appointed by the governor, with the consent of the senate,who shall have the direction, control, and disposition of the public lands of the state under such regulations as are and may be prescribed by law, one of which persons shall at the time of his appointment be designated as president of the board and one of which persons shall at the time of his appointment be designated as register of the board. The third member of said board shall at the time of his appointment be designated as the engineer of the board and shall always be professionally a civil engineer, who, for at least five years, has been actively engaged in the practice of civil engineering. The successor and successors of the first members of the board shall each be appointed for terms of six years.

(2) The members of the board shall each receive a salary of three thousand dollars per annum until otherwise provided by law; but the salary of each member of this board is to be paid out of the income of the said state board of land commissioners ONE OF WHOM SHALL BE ELECTED BY THE BOARD AS ITS PRESIDENT.

(2) THE GOVERNOR SHALL ENDEAVOR TO APPOINT MEMBERS OF THE BOARD WHO RESIDE IN DIFFERENT GEOGRAPHIC REGIONS OF THE STATE. THE BOARD SHALL BE COMPOSED OF ONE PERSON WITH SUBSTANTIAL EXPERIENCE IN PRODUCTION AGRICULTURE, ONE PERSON WITH SUBSTANTIAL EXPERIENCE IN PUBLIC PRIMARY OR SECONDARY EDUCATION, ONE PERSON WITH SUBSTANTIAL EXPERIENCE IN LOCAL GOVERNMENT AND LAND USE PLANNING, ONE PERSON WITH SUBSTANTIAL EXPERIENCE IN NATURAL RESOURCE CONSERVATION, AND ONE CITIZEN AT LARGE.

(3) THE GOVERNOR SHALL APPOINT A NEW BOARD OF LAND COMMISSIONERS ON OR BEFORE MAY 1, 1997. THE TERM OF EACH MEMBER SHALL BE FOR FOUR YEARS; EXCEPT THAT OF THE FIRST BOARD MEMBERS APPOINTED UNDER THIS SUBSECTION (3), TWO MEMBERS SHALL BE APPOINTED FOR TERMS THAT EXPIRE JUNE 30, 1999, AND THREE MEMBERS SHALL BE APPOINTED FOR TERMS THAT EXPIRE JUNE 30, 2001. THE TERMS OF OFFICE OF THE MEMBERS OF THE BOARD APPOINTED PRIOR TO THE EFFECTIVE DATE OF THIS SUBSECTION (3) SHALL EXPIRE UPON THE CONFIRMATION OF THE APPOINTMENT OF THE FIRST THREE MEMBERS OF THE FIRST BOARD APPOINTED UNDER THIS SUBSECTION (3). NO MEMBER SHALL SERVE MORE THAN TWO CONSECUTIVE TERMS. MEMBERS OF THE BOARD SHALL BE SUBJECT TO REMOVAL, AND VACANCIES ON THE BOARD SHALL BE FILLED, AS PROVIDED IN ARTICLE IV, SECTION 6 OF THIS CONSTITUTION.

(4) THE BOARD SHALL, PURSUANT TO SECTION 13 OF ARTICLE XII OF THIS CONSTITUTION, HIRE A DIRECTOR WITH THE CONSENT OF THE GOVERNOR, AND, THROUGH THE DIRECTOR, A STAFF, AND MAY CONTRACT FOR OFFICE SPACE, ACQUIRE EQUIPMENT AND SUPPLIES, AND ENTER INTO CONTRACTS AS NECESSARY TO ACCOMPLISH ITS DUTIES. PAYMENT FOR GOODS, SERVICES, AND PERSONNEL SHALL BE MADE FROM THE INCOME FROM THE TRUST LANDS. THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE FROM THE INCOME FROM THE TRUST LANDS, SUFFICIENT MONEYS TO ENABLE THE BOARD TO PERFORM ITS DUTIES AND IN THAT REGARD SHALL GIVE DEFERENCE TO THE BOARD'S ASSESSMENT OF ITS BUDGETARY NEEDS. THE MEMBERS OF THE BOARD SHALL NOT, BY VIRTUE OF THEIR APPOINTMENT, BE EMPLOYEES OF THE STATE; THEY MAY BE REIMBURSED FOR THEIR REASONABLE AND NECESSARY EXPENSES AND MAY, IN ADDITION, RECEIVE SUCH PER DIEM AS MAY BE ESTABLISHED BY THE GENERAL ASSEMBLY, FROM THE INCOME FROM THE TRUST LANDS.

(5) THE INDIVIDUAL MEMBERS OF THE BOARD SHALL HAVE NO PERSONAL LIABILITY FOR ANY ACTION OR FAILURE TO ACT AS LONG AS SUCH ACTION OR FAILURE TO ACT DOES NOT INVOLVE WILLFUL OR INTENTIONAL MALFEASANCE OR GROSS NEGLIGENCE.

(6) THE BOARD SHALL SERVE AS THE TRUSTEE FOR THE LANDS GRANTED TO THE STATE IN PUBLIC TRUST BY THE FEDERAL GOVERNMENT, LANDS ACQUIRED IN LIEU THEREOF, AND ADDITIONAL LANDS HELD BY THE BOARD IN PUBLIC TRUST. IT SHALL HAVE THE DUTY TO MANAGE, CONTROL, AND DISPOSE OF SUCH LANDS IN ACCORDANCE WITH THE PURPOSES FOR WHICH SAID GRANTS OF LAND WERE MADE AND SECTION 10 OF THIS ARTICLE IX, AND SUBJECT TO SUCH TERMS AND CONDITIONS CONSISTENT THEREWITH AS MAY BE PRESCRIBED BY LAW.

(7) THE BOARD SHALL HAVE THE AUTHORITY TO UNDERTAKE NON-SIMULTANEOUS EXCHANGES OF LAND, BY DIRECTING THAT THE PROCEEDS FROM A PARTICULAR SALE OR OTHER DISPOSITION BE DEPOSITED INTO A SEPARATE ACCOUNT TO BE ESTABLISHED BY THE STATE TREASURER WITH THE INTEREST THEREON TO ACCRUE TO SUCH ACCOUNT, AND WITHDRAWING THEREFROM AN EQUAL OR LESSER AMOUNT TO BE USED AS THE PURCHASE PRICE FOR OTHER LAND TO BE HELD AND MANAGED AS PROVIDED IN THIS ARTICLE, PROVIDED THAT THE PURCHASE OF LANDS TO COMPLETE SUCH AN EXCHANGE SHALL BE MADE WITHIN TWO YEARS OF THE INITIAL SALE OR DISPOSITION. ANY PROCEEDS, AND THE INTEREST THEREON, FROM A SALE OR OTHER DISPOSITION WHICH ARE NOT EXPENDED IN COMPLETING THE EXCHANGE SHALL BE TRANSFERRED BY THE STATE TREASURER TO THE PUBLIC SCHOOL FUND OR SUCH OTHER TRUST FUND MAINTAINED BY THE TREASURER FOR THE PROCEEDS OF THE TRUST LANDS DISPOSED OF OR SOLD. MONEYS HELD IN THE SEPARATE ACCOUNT SHALL NOT BE USED FOR THE OPERATING EXPENSES OF THE BOARD OR FOR EXPENSES INCIDENT TO THE DISPOSITION OR ACQUISITION OF LANDS.

Section 10. Selection and management of public trust lands.

(1) THE PEOPLE OF THE STATE OF COLORADO RECOGNIZE (A) THAT THE STATE SCHOOL LANDS ARE AN ENDOWMENT OF LAND ASSETS HELD IN A PERPETUAL, INTER-GENERATIONAL PUBLIC TRUST FOR THE SUPPORT OF PUBLIC SCHOOLS, WHICH SHOULD NOT BE SIGNIFICANTLY DIMINISHED, (B) THAT THE DISPOSITION AND USE OF SUCH LANDS SHOULD THEREFORE BENEFIT PUBLIC SCHOOLS INCLUDING LOCAL SCHOOL DISTRICTS, AND (C) THAT THE ECONOMIC PRODUCTIVITY OF ALL LANDS HELD IN PUBLIC TRUST IS DEPENDENT ON SOUND STEWARDSHIP, INCLUDING PROTECTING AND ENHANCING THE BEAUTY, NATURAL VALUES, OPEN SPACE AND WILDLIFE HABITAT THEREOF, FOR THIS AND FUTURE GENERATIONS. IN RECOGNITION OF THESE PRINCIPLES, THE BOARD SHALL BE GOVERNED BY THE STANDARDS SET FORTH IN THIS SECTION 10 IN THE DISCHARGE OF ITS FIDUCIARY OBLIGATIONS, IN ADDITION TO OTHER LAWS GENERALLY APPLICABLE TO TRUSTEES.

It shall be the duty of the state board of land commissioners to provide for the PRUDENT MANAGEMENT, location, protection, sale, EXCHANGE, or other disposition of all the lands heretofore, or which may hereafter be, HELD BY THE BOARD AS TRUSTEE PURSUANT TO SECTION 9(6) OF THIS ARTICLE IX,granted to the state by the general government, under such regulation as may be prescribed by law, and in such a manner as will secure the maximum possible amount therefor IN ORDER TO PRODUCE REASONABLE AND CONSISTENT INCOME OVER TIME. IN FURTHERANCE THEREOF, THE BOARD SHALL:

(a) PRIOR TO THE LEASE, SALE, OR EXCHANGE OF ANY LANDS FOR COMMERCIAL, RESIDENTIAL OR INDUSTRIAL DEVELOPMENT, DETERMINE THAT THE INCOME FROM THE LEASE, SALE, OR EXCHANGE CAN REASONABLY BE ANTICIPATED TO EXCEED THE FISCAL IMPACT OF SUCH DEVELOPMENT ON LOCAL SCHOOL DISTRICTS AND STATE FUNDING OF EDUCATION FROM INCREASED SCHOOL ENROLLMENT ASSOCIATED WITH SUCH DEVELOPMENT;

(b) PROTECT AND ENHANCE THE LONG-TERM PRODUCTIVITY AND SOUND STEWARDSHIP OF THE TRUST LANDS HELD BY THE BOARD, BY, AMONG OTHER ACTIVITIES:

(I) ESTABLISHING AND MAINTAINING A LONG-TERM STEWARDSHIP TRUST OF UP TO 300,000 ACRES OF LAND THAT THE BOARD DETERMINES THROUGH A STATEWIDE PUBLIC NOMINATION PROCESS TO BE VALUABLE PRIMARILY TO PRESERVE LONG-TERM BENEFITS AND RETURNS TO THE STATE; WHICH TRUST SHALL BE HELD AND MANAGED TO MAXIMIZE OPTIONS FOR CONTINUED STEWARDSHIP, PUBLIC USE, OR FUTURE DISPOSITION, BY PERMITTING ONLY THOSE USES, NOT NECESSARILY PRECLUDING EXISTING USES OR MANAGEMENT PRACTICES, THAT WILL PROTECT AND ENHANCE THE BEAUTY, NATURAL VALUES, OPEN SPACE, AND WILDLIFE HABITAT THEREOF; AT LEAST 200,000 ACRES OF WHICH LAND SHALL BE DESIGNATED ON OR BEFORE JANUARY 1, 1999, AND AT LEAST AN ADDITIONAL 95,000 ACRES OF WHICH LAND SHALL BE DESIGNATED ON OR BEFORE JANUARY 1, 2001; SPECIFIC PARCELS OF LAND HELD IN THE STEWARDSHIP TRUST MAY BE REMOVED FROM THE TRUST ONLY UPON THE AFFIRMATIVE VOTE OF FOUR MEMBERS OF THE BOARD AND UPON THE DESIGNATION OR EXCHANGE OF AN EQUAL OR GREATER AMOUNT OF ADDITIONAL LAND INTO SAID TRUST.

(II) INCLUDING IN AGRICULTURAL LEASES TERMS, INCENTIVES, AND LEASE RATES THAT WILL PROMOTE SOUND STEWARDSHIP AND LAND MANAGEMENT PRACTICES, LONG-TERM AGRICULTURAL PRODUCTIVITY, AND COMMUNITY STABILITY;

(III) MANAGING THE DEVELOPMENT AND UTILIZATION OF NATURAL RESOURCES IN A MANNER WHICH WILL CONSERVE THE LONG-TERM VALUE OF SUCH RESOURCES, AS WELL AS EXISTING AND FUTURE USES, AND IN ACCORDANCE WITH STATE AND LOCAL LAWS AND REGULATIONS; AND

(IV) SELLING OR LEASING CONSERVATION EASEMENTS, LICENSES AND OTHER SIMILAR INTERESTS IN LAND.

(c) COMPLY WITH VALID LOCAL LAND USE REGULATIONS AND LAND USE PLANS.

(d) ALLOW ACCESS BY PUBLIC SCHOOLS WITHOUT CHARGE FOR OUTDOOR EDUCATIONAL PURPOSES SO LONG AS SUCH ACCESS DOES NOT CONFLICT WITH USES PREVIOUSLY APPROVED BY THE BOARD ON SUCH LANDS.

(e) PROVIDE OPPORTUNITIES FOR THE PUBLIC SCHOOL DISTRICTS WITHIN WHICH SUCH LANDS ARE LOCATED TO LEASE, PURCHASE, OR OTHERWISE USE SUCH LANDS OR PORTIONS THEREOF AS ARE NECESSARY FOR SCHOOL BUILDING SITES, AT AN AMOUNT TO BE DETERMINED BY THE BOARD, WHICH SHALL NOT EXCEED THE APPRAISED FAIR MARKET VALUE, WHICH AMOUNT MAY BE PAID OVER TIME.

(2) No law shall ever be passed by the general assembly granting any privileges to persons who may have settled upon any such public TRUST lands subsequent to the survey thereof by the general government, by which the amount to be derived by the sale, or other disposition of such lands, shall be diminished, directly or indirectly.

(3) The general assembly shall, at the earliest practicable period, provide by law that the several grants of land made by congress to the state shall be judiciously located and carefully preserved and held in trust subject to disposal, for the use and benefit of the respective objects for which said grants of land were made. The general assembly shall provide for the sale of said lands from time to time, and for the faithful application of the proceeds thereof in accordance with the terms of said grant.

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