SD20 - Report of the Joint Subcommittee Studying Certain Access Alternatives for False Cape State Park
Executive Summary: In 1966, the Virginia General Assembly authorized the acquisition of several thousand acres of land fronting on the Atlantic Ocean for use as a state park. This $8.5 million purchase was funded jointly by the Commonwealth and the federal government. The tract of land is bordered on the east and west by bodies of water, on the south by North Carolina, and on the north by the Back Bay National Wildlife Refuge. At the time the park was proposed, both state and federal officials intended to provide access to it through the Wildlife Refuge. Measures taken by the federal government in the 1970's reversed this decision, leaving state officials with no vehicular access road to the park. Attempts at reaching a compromise with the federal government so that some means of vehicular access could be provided were unsuccessful. In 1979, Senator Howard P. Anderson, Chairman of the Senate Committee on Agriculture, Conservation and Natural Resources, appointed a subcommittee to study ways of gaining public access to False Cape State Park. The Subcommittee met a number of times in an attempt to find a solution to this access problem. Subsequently, a task force was formed by the Governor to determine what type of access to the Park might be developed. This task force worked with representatives of the United States Department of the Interior to develop proposed solutions to this problem. The Task Force ultimately recommended that some form of state-federal land exchange take place to supply access to the Park. Pursuant to a resolution introduced by Senator Evelyn Hailey, the General Assembly established a legislative subcommittee to review the alternative solutions to the problem which had been developed by the Task Force, and to recommend any legislative proposals necessary to resolve the access problem (see Senate Joint Resolution No. 67, attached as Appendix B). At its initial meeting, the Subcommittee elected Senator William T. Parker as its chairman. The Subcommittee toured False Cape State Park, and met with members of the Task Force to discuss their recommendations. After further discussion of the options available to the State, the Subcommittee members agreed that the Commonwealth should begin negotiating with the Department of Interior for a means of access to False Cape. Dr. Betty Diener, the Secretary of Commerce and Resources, was asked to begin this process. Delegate Pickett was appointed by Senator Parker to act as the Subcommittee's liaison in the negotiations. The Subcommittee discussed the desirability of having the Board of Conservation and Economic Development adopt regulations to cut off access to the Park from the south, but chose not to urge such a regulation at this time. Negotiations took place as recommended, resulting in the development of a draft agreement. This agreement, which if entered into will be between the U.S. Department of Interior and the Commonwealth's Division of Parks and Recreation, states that the Department of Interior will allow the use of an access corridor fifty feet wide by the Commonwealth through the Back Bay Wildlife Refuge for ingress and egress to False Cape State Park. Such an agreement will benefit persons currently permitted to use the Park. It allows certain limited vehicular uses of the access corridor by current permittees. This use would be compatible with the limited vehicular uses in the Park. The agreement assures the Department of the Interior that the Commonwealth will responsibly maintain the corridor. The Commonwealth's right to use this strip of land will remain in effect as long as the Commonwealth i) maintains the access corridor, (ii) allows only limited motor vehicle use on the access corridor and in the Park, (iii) continues to operate False Cape State Park as a public park, and (iv) agrees not to assign, transfer or use the access corridor in any manner not in accordance with this agreement. The right to use the access corridor will terminate if any of these stipulations are violated and remain uncorrected. If the Department of Interior determines that the Commonwealth has defaulted in its use of the access corridor, it must give written notice of this default to the Commonwealth. The Commonwealth then has thirty days in which to cure the default or to initiate attempts to cure the default. Finally, this agreement will allow the Department to retain the right to use the access corridor for its purposes in common with the Commonwealth. The agreement will become effective upon execution by the Governor and the U. S. Secretary of Interior. Subcommittee Recommendations This subcommittee endorses the agreement set out in the legislation attached to this report as Appendix A and recommends that the General Assembly authorize the Commonwealth to enter into this agreement in order to provide a necessary means of access to False Cape State Park. |
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