A Study of the Park and Recreation Problem of the United States

Cover

Contents

Foreword

Supplemental Foreword

Introduction

Recreational Habits and Needs

Aspects of Recreational Planning

Present Public Outdoor Recreational Facilities

Administration

Financing

Legislation

A Park and Recreational Land Plan

A Study of the Park and Recreation Problem of the United States

ELEMENTS OF DESIRABLE LEGISLATION

The purpose of recreational legislation is to provide a legal structure through which park and recreational agencies may be established with all the powers and responsibilities necessary to their effective functioning in rendering an adequate and comprehensive service in accordance with the best thought and practice in this field.

Scope. It is evident from a study of the basic Federal and State legislation that much of it is inadequate and limited in scope in view of the present-day recognition of the importance of recreation as a means by which the happiness of the people may be attained. Many Federal agencies are rendering valuable recreational service under only implied authority or lack of clearly defined authority in this field. At present there is no Federal legislation adequate to provide a comprehensive and continuous service to the people through definite working relationships with public recreational agencies at all levels of government.

In only a few States is there specific authority for agencies in this field to function beyond the boundaries of the particular areas which they administer. The Missouri State Park Board is empowered to exercise its powers "for the recreation of the people of the State" and the Massachusetts Department of Conservation is entrusted with the "advancement of recreation and conservation interests and policies." Other legislation generally provides for the exercise of responsibilities regarding recreation on the areas under the administration of the agency and the acquisition of such areas. It is becoming increasingly evident that in order adequately to meet the needs of the people, State recreational agencies must render a more comprehensive service directly and through minor governmental units.

Objectives. There must be a clearly stated major purpose or objective of the thing to be done or the service to be performed and its relationship to the public welfare. The scope and responsibilities of the agency should be clearly defined so that its field of effort may be thoroughly understood. This will restrain dispersion of effort, discourage demands upon the agency to engage in extraneous activities, and minimize duplication of the efforts of other agencies.

The objectives of the State park departments are well expressed in some of the enabling legislation. Michigan, for instance, sets forth the purpose of its Department of Conservation as it relates to parks, as "to acquire, maintain, and make available for the free use of the public, open spaces for recreation"; in Virginia legislation, the purpose stated is "to acquire areas of scenic beauty, recreational utility, historic interest, etc., to be preserved for the use, health, education, and pleasure of the people." The Arkansas law expressed it, "to select and acquire areas of natural features, scenic beauty, and historical interest; promote health and pleasure through education and recreation." Some laws, on the other hand, simply provide for the acquisition, control, and management of State parks and parkways without defining their objectives. It is of primary importance that the objective for which the department is created be clearly set forth in the legislation.

Status of Department. The provision of parks and recreation is of such importance to the public interest and the technique of development and operation is so specialized that it should be recognized as a primary function of the State government, coordinate with other major services. If the administration of State parks is established as an independent agency under a board or commission it should have the status of other major departments. On the other hand, if their administration is organized as a division of a conservation department, it should be on a coordinate basis with such functions as forestry, fish, game, etc.

Integration of State Park Administration. The administration of State parks should be unified into a State-wide system in the interest of economy as well as in the interest of achieving the best results in serving the people.

Organization. The organic act must provide for the basic features of good internal organization and for all powers necessary to the effective functioning of the agency in rendering various services which contribute to the realization of its objectives. These requirements are discussed under "Administration."

General Powers. The agency should determine the policies of the department, and, if a board or commission, should select the executive officer and, upon recommendation of this executive, the heads of all divisions. It should also have power to make and enforce rules and regulations for the governing of its own employees and especially for the protection, care, and use of the areas it administers.

Term of Office. The term of office of the board members should be staggered so that not more than one or two members will go out of office at one time. This tends to stabilize policy and to assure continuity of service by satisfactory employed personnel, and makes possible long-range planning that has a fair chance of accomplishment.

Qualifications. Members should be selected for the board or commission because of their understanding of and demonstrated interest in parks and recreation.

Ex Officio Members. While it is recognized that in some cases it is expedient to have ex officio members on the board, on the whole it is not a desirable practice, particularly if members so selected are sufficient in number to dominate, for the following reasons:

1. The work in connection with parks and recreation is so important that it should be the primary official interest of those serving on the board or commission.

2. The work requires the enthusiasm of lay people whose motivation is a sincere interest in the movement.

3. Public officials have absorbing tasks in connection with their primary responsibilities and are generally unable to give the park and recreational work the time and attention it deserves.

Where it is considered necessary to have ex officio members on the board, it is preferable that they be nonvoting members.

Advisory Board. In lieu of the board or commission, the administration of State parks may be provided for by the establishment of a department with a commissioner responsible directly to the Governor, or as a major division of a department of conservation with or without a supervisory board. In case no supervisory board is provided for, citizenship participation obtained by appointment of a central advisory board, and/or regional or district advisory boards, appears to have definite advantages so long as their purely advisory function is fully understood. These latter would have responsibility for furtherance of the State park movement in a definite section of the State.

The Executive. The executive of a conservation department should be required to have demonstrated his administrative ability and to have a broad general understanding of the purpose and scope of all phases of conservation activity.

The director of park and recreational services should have demonstrated executive ability, and actual experience and training in the conduct of park and recreational systems involving both physical development and program. These qualifications should be embodied in the legislation.

Financing. Since parks and recreation constitute a public service, emphasis should be placed upon appropriations from the State treasury as a basic means of support. The department should have authority to make charges for special services, the income from which might be made available for park purposes. The department should also have authority to conduct and operate such services as are necessary for the comfort and convenience of the public. It is desirable, if possible, to secure support through a special tax. This has proved a satisfactory method of financing in many cities and metropolitan areas and in a few States. Provision should be made also for the acceptance of gifts and the establishment of trust funds through which areas may be secured and developed and the program enriched.

Land Acquisition. The law should permit the department to acquire real property by every possible means. This includes purchase, gift, tax reversion, devise, eminent domain, lease, designation of State land, or otherwise. "Real property" should be defined to include land under water as well as upland, and all other property commonly or legally defined as real property. The law should provide that acceptance of gifts or devises of land be in the discretion of the administering agency.

It is essential in working out a properly distributed system that the State park agency have the power to take land by eminent domain. The procedure varies in different States where park agencies or conservation departments have this power. It has been found in several States that the procedure of entry and appropriation whereby the State deposits the appraised value of the land with a court and immediately enters upon the land and develops it, is sometimes advantageous. This method avoids unnecessary delay in acquisition and use of lands.

Power to Cooperate. In government all services are or should be conducted in the interests of the people as a whole. There is always the necessity, therefore, to provide through the legal structure of a particular service for cooperative powers with other agencies of government. Such cooperative devices are essentials in good government.

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Last Modified: Mon, Aug 9 2004 10:00:00 pm PDT
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