MENU Aspects of Recreational Planning Present Public Outdoor Recreational Facilities A Park and Recreational Land Plan |
Chapter VI: Legislation (continued) PRESENT STATUS OF STATE PARK LEGISLATION Most of the legislation under which the present primary State agencies are authorized to function has been passed in the last decade. As shown in the following tabulation, 26 States have either passed their initial legislation establishing a State-wide organization for park work or have completely reorganized the basis of their functioning since 1930. Of these, only three had a State-wide park organization before that time. New Hampshire is the only State which had established its present organization before 1910, and the Connecticut, Idaho, Illinois, Massachusetts, New Jersey, and Indiana State park agencies are operating under essentially the same legislative authority passed between 1910 and 1920. As indicated in the same tabulation, 14 States established their present State park agencies in the period between 1920 and 1930. Year of establishment of present State park agencies
Thus, it is evident that few State park agencies have had long experience under existing legislation and therefore there is continual legislative activity with respect to this public service. In comparison with agencies which have been established for a longer period of time, it is to be expected that the scope and objectives of State park organizations, as well as their form of organization and modus operandi, have not been so definitely determined. In the following tabulation the frequency of various types of State park organizations is shown, and on the map (type of State park agencies), page 112, their distribution is presented. Arizona has made no provision for a State park organization. Colorado passed an act in 1937 but has established no park organization. It will be noted also that in three States in which there is a department of conservation this agency does not have charge of all State parks, but that other agencies or independent commissions have control of one or more of them. This is also true in the case of two States where a State park board is the primary authority and of one where the forestry department is responsible for this function. From the map previously referred to it is evident that departments of conservation occur with a greater relative frequency east of the Mississippi River, while State park boards or commissions are more usual west of that dividing line. Types of Primary State Park Agencies
In many States forestry and fish and game departments are authorized to acquire and administer areas for recreational purposes supplementing the function of the primary agency. As shown in the following tabulation, 10 primary State park agencies have an executive type of organization, while the board or commission form has been adopted in 37 States. In the former the responsibility for the formulation of policies is vested in an individual executive or administrator, while in the latter the board or commission has this authority. Administrative provisions for primary State park agencies
From the above tabulation it will be noted that these boards or commissions are composed of a varying number of members. Maryland and New York were not tabulated, since in the former the board of regents of the State university is the park authority, while in the latter State the work is organized into 11 regions of which 10 are under regional park commissions, the membership of these varying from 3 to 10 members. All primary State park agencies have power to develop and maintain recreational areas; however, as revealed in the following table, some of them lack certain powers necessary to the proper growth and functioning of their systems. Powers and duties of State park agencies
By virtue of their establishment as agencies of State governments, all State park authorities may receive and expend appropriations; however, there is considerable variety in other provisions with regard to financing, as indicated by the following tabulation: Powers and duties of State park agencies
Increased attention has been given in recent years to the extension of the cooperative powers of the various agencies with other States, local governments, the Federal Government, other State departments, and private persons. Due to the increased concern of the Federal Government in this field of public service, and due to recently inaugurated cooperative programs with the States, much legislation enabling them to take advantage of this Federal aid has been enacted. A few have various powers to cooperate with other departments and with private persons, as is shown in the following tabulation, and it is evident that the greatest deficiency is in the legal provision necessary for cooperative action between States. Cooperative powers of primary State park
agencies
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