Idaho State Statutes - Idaho Attorney Directory

(1) Grant recipients
must enter into a contract with the park and recreation board which specifies
that all property acquired, developed, repaired, renovated or improved with
grant funds from the STORE shall be held in perpetuity for outdoor recreation
by the grant recipient.
(a) Upon approval from the park and recreation board, trails acquired,
developed, repaired, renovated or improved through STORE grant funds may
be exempted from this requirement.
(b) Property acquired, developed, repaired, renovated or improved with
STORE grant funds, and all recreation incentive programs funded by moneys
from the STORE, shall be operated and maintained as being open and
available for public use.
(2) Upon approval from the park and recreation board, property acquired,
developed, renovated or improved through STORE may be converted to
non-recreation purposes when, in the board's opinion, all practical
alternatives to the conversion have been evaluated and rejected on a sound
basis, there is not irreparable damage caused to the state's recreation
infrastructure as a result of the proposed action, the grant recipient has
provided for ample public involvement in the conversion, and the recreation
utility lost is mitigated by the grant recipient.
(a) Conversions generally occur when property interests are conveyed for
nonpublic outdoor recreation use, nonoutdoor recreation uses (public or
private) are made of the project area or a portion thereof, noneligible
outdoor recreation facilities are developed within the project area, or
public outdoor recreation use is terminated.
(b) The following are not considered conversions but require the approval
of the park and recreation board: (i) granting underground utility
easements which do not have significant impact upon the recreation utility
of the facility; and (ii) constructing public indoor recreation facilities
where it can be demonstrated that there is an increased benefit to public
recreational opportunities without a decrease in the outdoor recreation
utility of the STORE assisted area.
(c) The project sponsor may mitigate the conversion by replacing the loss
of recreation utility caused by the conversion or by reimbursing the STORE
the fair market value of converted property as developed. The
reimbursement shall be returned to the STORE fund for redistribution.
(d) Recreation utility shall be established by the fair market value of
the property to be converted, the type and amount of use occurring on the
property, equivalent usefulness and location of converted property and
other factors the park and recreation board may consider relevant and may
be mitigated by placing land previously not in recreation use into
recreation use or by improving recreation opportunities on previously
developed land commensurate to the loss of recreation utility caused by
the conversion.
(3) The department may, by rule, impose a fee to defray the department's
cost of administration and management of this replacement process.

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