Missouri Statute | Act | Code |Conservation, Resources And Development| US Code - US Statute | Chapter 253 State Parks And Historic Preservation

As used in this chapter, the following words shall mean:

(1) "Department", the department of natural resources;

(2) "Land", upland, land under water, the water itself and every estate,
interest and right, legal or equitable in land or water;

(3) "Park", any land, site or object primarily of recreational value or
of cultural value because of its scenic, historic, prehistoric,
archeologic, scientific, or other distinctive characteristics or natural
features;

(4) "Parkway", an elongated area of parkland, usually contiguous to a
pleasure driveway and often containing recreational areas. (L. 1953 p.
317 § 1, A.L. 1986 H.B. 1554 Revision)

*No continuity with § 253.010 as repealed by L. 1953 p. 317 § A.

1. The department of natural resources is authorized to
administer the National Historic Preservation Act of 1966, Public Law
89-665.

2. There is hereby created in the state treasury for use by the
department of natural resources a fund to be known as "The National
Historic Preservation Fund". All federal moneys received by the state of
Missouri from the National Historic Preservation Act of 1966, Public Law
89-665, shall be deposited in the fund.

3. Moneys deposited in the fund shall, upon appropriation by the general
assembly to the department of natural resources, be received and expended
by the department of natural resources for the purpose of assuring
preservation and protection of sites listed on the National Register of
Historic Places, with private citizens, societies, associations,
corporations, municipalities and state and federal agencies.

4. Any unexpended balance in the national historic preservation fund at
the end of any appropriation period shall not be transferred to the
general revenue fund of the state treasury and, accordingly, shall be
exempt from the provisions of section 33.080, RSMo, relating to transfer
of funds to the general revenue funds of the state by the state
treasurer. (L. 1972 H.B. 1477 § 1)

CROSS REFERENCE: National historic preservation fund abolished subject to
exemption, RSMo 33.571

1. On or before Wednesday after the first Monday in January of
each year in which the department of natural resources desires to receive
and expend moneys received from the federal government in the next state
fiscal year they shall submit to the senate appropriations committee, to
the house appropriations committee, and to the oversight division of the
committee on legislative research plans for the expenditure of such
funds. In addition to other information which may be required by the
chairman of the committees, each plan shall contain at least but not be
limited to the following:

(1) Amount of federal funds required;

(2) Amount of state funds required, either directly or indirectly;

(3) The federal program number and its expected duration;

(4) The number of all new or additional employees required to administer
the program, their salaries and the source of the revenue to maintain
their salaries;

(5) Schedule, both chronological and fiscal, of the expenditures of all
funds involved in the program;

(6) Specific details as to the objective of the program for the next
fiscal year; and

(7) The projected completion date of the program.

2. A detailed performance report of each federally funded program shall
be submitted quarterly to the committees after the start of the next
fiscal year.

3. The department of natural resources may not add additional federal
programs to or expand current federally funded programs above a level
specified in plans theretofore approved by the legislature.

4. Programs which are to be continued for a period of more than one
fiscal year shall be submitted to the legislature for approval or
rejection.

5. Nothing in this section and section 253.022 shall be construed to
apply to federal funds no part of which will be retained by the
department of natural resources. (L. 1972 H.B. 1477 § 2)

1. The director of the department of natural resources may make
and promulgate all reasonable rules and regulations necessary for the
proper maintenance, improvement, acquisition and preservation of all
state parks.

2. The rules and regulations of the director not relating to its
organization and internal management shall become effective not less than
ten days after being filed with the secretary of state, as provided in
chapter 536, RSMo. No rule or portion of a rule promulgated under the
authority of this chapter shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo.

3. Any person who shall violate a rule issued pursuant to subsection 2 of
this section pertaining to the conduct of park visitors or the use by the
public of park facilities shall be subject to removal from a state park
and shall be subject to other punishment as otherwise provided by law.
(L. 1961 p. 230 § 1, A.L. 1967 p. 362, A.L. 1983 H.B. 350, A.L. 1993 S.B.
52, A.L. 1995 S.B. 3)

1. The department of natural resources is hereby authorized to
accept or acquire by purchase, lease, donation, agreement or eminent
domain, any lands, or rights in lands, sites, objects or facilities which
in its opinion should be held, preserved, improved and maintained for
park or parkway purposes. The department of natural resources is
authorized to improve, maintain, operate and regulate any such lands,
sites, objects or facilities when such action would promote the park
program and the general welfare. The department of natural resources is
further authorized to accept gifts, bequests or contributions of money or
other real or personal property to be expended for any of the purposes of
sections 253.010 to 253.100; except that any contributions of money to
the department of natural resources shall be deposited with the state
treasurer to the credit of the state park earnings fund and expended upon
authorization of the department of natural resources for the purposes of
sections 253.010 to 253.100 and for no other purposes.

2. In the event the right of eminent domain be exercised, it shall be
exercised in the same manner as now or hereafter provided for the
exercise of eminent domain by the state highways and transportation
commission. (RSMo 1949 § 253.020, A.L. 1953 p. 317 § 3, A.L. 1961 p. 231)

The department is authorized to convey up to five acres of land
as part of a land trade with adjacent property owners to resolve park
boundary conflicts, so long as the department receives land of equal or
greater fair market value in exchange. (L. 2003 S.B. 606)

The department of natural resources is hereby authorized to
suitably mark every grave of a former governor of this state, and to
maintain every grave of a former governor, within this state, which is
not within a perpetual care cemetery. (L. 1967 p. 365 § 1)

Within the state parks, the department may accompany the display
of the flag of the United States and the flag of this state with the
display of the MIA/POW flag, which is designed to commemorate the service
and sacrifice of members of the armed forces of the United States who
were prisoners of war or missing in action. (L. 1994 H.B. 1545)

Except as, or as hereafter may be, otherwise provided by law no
contract shall be entered into or obligations incurred, nor shall any
payment or expenditure of money be made under the provisions of sections
253.010 to 253.100 except in accordance with and by virtue of, an
appropriation as provided by law. (L. 1953 p. 317 § 3)

The director of the department shall employ a director of state
parks and such other officers and employees as may be necessary. The
director of state parks shall be selected solely upon the basis of proven
executive ability and training and skill in parks and recreational
matters, and the department director shall determine the qualifications
and compensation of the director of parks and other employees and shall
prescribe their duties. (L. 1953 p. 317 § 4, A.L. 1986 H.B. 1554 Revision)

1. Each park ranger employed by the director of the department
of natural resources and such other employees as may be designated by the
director shall be certified by the director of the department of public
safety, as provided in chapter 590, RSMo. Each such person shall take and
subscribe an oath of office to perform his duties faithfully and
impartially and shall be given a certificate of commission as a peace
officer for state parks. The commission shall grant him the same powers
as other peace officers to maintain order, preserve the peace and make
arrests for violations of law on all land under the jurisdiction and
control of the director and on all state and county highways within the
boundaries of state parks.

2. Each park ranger shall have the authority to have abandoned vehicles
or watercraft removed from state and county roads within state parks and
from all land and water owned, leased or under the supervision of the
department of natural resources, if the vehicle has been left unattended
on the land or in the water, on the roadway or right-of-way for a period
of forty-eight hours. If the vehicle is creating a safety or health
hazard, it may be removed as soon as is practical. The procedure
contained in section 304.155, RSMo, shall be observed for reporting the
storage location, notification of the owner and disposal of the vehicle
or watercraft. (L. 1961 p. 230 § 2, A.L. 1983 H.B. 350)

1. The division of state parks within the department of natural
resources is authorized to develop, recruit, train and accept the
services of volunteers, which services shall supplement the programs
administered by the department or division.

2. Volunteers recruited, trained or accepted by the division shall comply
with applicable rules and policies of the department and the division.

3. The division shall:

(1) Provide necessary staff for the management and development of
volunteer programs;

(2) Develop opportunities for citizen involvement in division-
administered programs;

(3) Develop and provide to all volunteers written rules governing the job
descriptions, recruitment, screening, training, responsibility, use and
supervision of volunteers;

(4) Educate volunteers regarding their duties and responsibilities;

(5) Provide a receptive environment for citizen involvement; and

(6) Provide for the recognition of volunteers who have offered
exceptional service to the division.

4. Volunteers shall be deemed unpaid employees and shall be accorded the
protection of legal expense fund and liability provisions.

5. Reimbursement for transportation and other necessary expenses may be
furnished to those volunteers whose presence on special assignment is
determined to be necessary by the division. Such expenses shall be
reimbursed from the regular appropriations of the division. Volunteers
may use state vehicles in the performance of division-related duties,
subject to those rules and regulations governing use of state vehicles by
paid staff.

6. As used in this section, "volunteer" shall mean any person who, of his
own free will, performs any assigned duties for the division with no
monetary or material compensation.

7. Any person serving as a volunteer may be terminated from service in
that capacity by the director of the division. (L. 1995 S.B. 275)

Effective 5-16-95

The department of natural resources may make such expenditures,
or may authorize the director to make such expenditures, as are necessary
to perform the duties imposed upon it by law. Expenditures by the
department of natural resources shall be allowed and paid out of funds
appropriated for such purposes in the manner provided by law. (L. 1953 p.
317 § 4)

1. The director of the department of natural resources may
construct, establish and operate suitable public services, privileges,
conveniences and facilities on any land, site or object under the
department's jurisdiction and control, and may charge and collect
reasonable fees for the use of the same. The director may charge
reasonable fees for supplying services on state park areas. Any
facilities so constructed under this provision shall only be done by
appropriated funds.

2. The director may award by contract to any suitable person, persons,
corporation or association the right to construct, establish and operate
public services, privileges, conveniences and facilities on any land,
site or object under the department's control for a period not to exceed
twenty-five years with a renewal option, and may supervise and regulate
any and all charges and fees of operations by private enterprise for
supplying services and operating facilities on state park areas.

3. All contracts awarded under this section shall be entered into upon
the basis of competitive sealed bids. A sworn financial statement shall
accompany each bid, and all contracts shall be let by the director at a
regular meeting after public notice of the time of the letting. All bids
submitted prior to the opening of the meeting shall be considered.
Advertisements for bids in daily or weekly newspapers shall be made by
the director. The director shall accept the bid most favorable to the
state from a responsible and reputable person but may, for good cause,
reject any bid.

4. The director shall not enter into a contract or a renewal for a
contract as provided in subsection 2 of this section for a period in
excess of ten years unless the director determines that the extended
contract period is necessary to allow the contractor to make substantial
capital or other improvements to the site subject to the contract and
such improvements are of sufficient value to the state to necessitate the
longer contract term.

5. A good and sufficient bond conditioned upon the faithful performance
of the contract and compliance with this law shall be required of all
contractors, except that if the contractor states he is unable to provide
a bond, the contractor shall place a cash reserve in an escrow account in
an amount proportional to the volume of the contractor's business on the
lands controlled by the department of natural resources.

6. Any person who contracts under this section with the state shall keep
true and accurate records of his receipts and disbursements arising out
of the performance of the contract and shall permit the division of parks
and recreation of the department of natural resources and the state
director of revenue to audit them. The division of parks and recreation
of the department of natural resources and the state director of revenue
shall audit the receipts and disbursement of each contract once every two
years and upon the expiration of the contract. For the purpose of
subsection 5 of this section and this subsection, no contract shall be
deemed to extend to operations or management in more than one state park.
(L. 1953 p. 317 § 5, A.L. 1957 p. 304, A.L. 1961 p. 235, A.L. 1967 p.
362, A.L. 1977 H.B. 190, A.L. 1987 H.B. 559, A.L. 1989 H.B. 613, A.L.
2002 S.B. 1015)

Upon a request from the director of the department of natural
resources, the commissioner of administration shall draw a warrant
payable to the facility head of each of the state parks and historic
sites in an amount to be specified by the director of the department of
natural resources, but such amount shall not exceed the sum of one
thousand five hundred dollars for each such facility. The sum so
specified shall be placed in the hands of the facility head as a
revolving fund to be used in the payment of the incidental expenses of
the facility for which he has been appointed and for the refund of fees
paid by the public. All expenditures shall be made in accordance with
rules and regulations established by the commissioner of administration.
(L. 1989 H.B. 613, A.L. 2002 S.B. 1015)

1. All revenue derived from privileges, conveniences, contracts
or otherwise, all moneys received by gifts, bequests or contributions or
from county or municipal sources and all moneys received from the
operation of concessions, projects or facilities and from resale items
shall be paid into the state treasury to the credit of the "State Park
Earnings Fund", which is hereby created. In the event any state park or
any part thereof is taken under the power of eminent domain by the
federal government the moneys paid for the taking shall be deposited in
the state park earnings fund. The fund shall be used solely for the
payment of the expenditures of the department of natural resources in the
administration of this law, except that in any fiscal year the department
may expend a sum not to exceed fifty percent of the preceding fiscal
year's deposits to the state park earnings fund for the purpose of:

(1) Paying the principal and interest of revenue bonds issued;

(2) Providing an interest and sinking fund;

(3) Providing a reasonable reserve fund;

(4) Providing a reasonable fund for depreciation; and

(5) Paying for feasibility reports necessary for the issuing of revenue
bonds.

2. A good and sufficient bond conditioned upon the faithful performance
of the contract and compliance with this law shall be required of all
contractors.

3. Any person who contracts pursuant to this section with the state shall
keep true and accurate records of his or her receipts and disbursements
arising out of the performance of the contract and shall permit the
department of natural resources and the state auditor to audit such
records.

4. All moneys remaining in the state park revolving fund on July 1, 2000,
shall be transferred to the state park earnings fund. (L. 1953 p. 317 §
6, A.L. 1961 p. 231, A.L. 1967 p. 362, A.L. 1969 H.B. 191, A.L. 1982 S.B.
696, A.L. 1999 H.B. 791)

Effective 7-1-00

1. There is hereby created in the state treasury the "Arrow Rock
State Historic Site Endowment Fund". The fund shall be administered by
the Missouri department of natural resources. All moneys, funds, or other
assets acquired for purposes of this section shall be deposited with the
state treasurer to the credit of the fund. All income, interest, rights,
or rent earned through the operation of the fund shall also be credited
to the fund. All other property, real and personal, acquired through any
grant, gift, donation, devise, or bequest specified for the Arrow Rock
state historic site endowment fund for purposes stated in this section
shall also be deposited in the fund. The original bequest of Bill and
Cora Lee Miller made in the amount of twenty-one thousand nine hundred
sixty-five dollars and ninety-two cents to the state park earnings fund
is hereby transferred into the Arrow Rock state historic site endowment
fund.

2. The Arrow Rock state historic site endowment fund shall be used for
the enhancement of Arrow Rock state historic site's public interpretive
programs, and may be used by the Missouri department of natural resources
for the preparation of museum exhibits, acquisition of artifacts,
publication of information, payment of fees for exhibits or lectures, or
other similar interpretive needs at Arrow Rock state historic site and
for no other purpose.

3. The state treasurer shall be the custodian of all moneys, bonds,
securities, or interests and rights therein deposited in the state
treasury to the credit of the Arrow Rock state historic site endowment
fund and shall invest the moneys in the fund in a manner as provided by
law.

4. Until January 1, 2100, the Missouri department of natural resources
may annually expend an amount equal to one-half of the interest earned by
the Arrow Rock state historic site endowment fund in the immediately
preceding fiscal year for the purposes stated in this section. Beginning
January 1, 2100, and thereafter the Missouri department of natural
resources may annually expend an amount equal to the interest earned by
the Arrow Rock state historic site endowment fund in the immediately
preceding fiscal year, for the purposes stated in this section.

5. Funds from the Arrow Rock state historic site endowment fund shall be
expended only upon appropriation by the general assembly. Notwithstanding
the provisions of section 33.080, RSMo, to the contrary, funds
appropriated, but not expended by the end of the fiscal year, shall
revert to the Arrow Rock state historic site endowment fund. (L. 2002
S.B. 1015)

In order to further the interpretive or educational functions of
Missouri state parks, the director of the Missouri department of natural
resources is authorized to enter into agreements with private,
not-for-profit organizations that are organized solely to provide
cooperative, interpretive or educational services to any one Missouri
state park. The director may provide state park facility space to such an
organization under a cooperative agreement. Net proceeds received from
the sale of publications or other materials provided by an organization
pursuant to such an agreement entered into under this section shall be
retained by the organization for use in the interpretive or educational
services provided to such park that the organization is designated to
serve. (L. 2002 S.B. 1015)

No timber in any state park shall be cut and removed from such
state park, sold, or converted into lumber or building material, except
upon the express order of the department of natural resources, duly
entered upon the minutes of the department of natural resources. (L. 1953
p. 317 § 7)

CROSS REFERENCE: Littering or damaging state park property, RSMo 577.073

All parts of the following described land situated in Lafayette
County, of Missouri, selected and dedicated by the board of trustees of
the Confederate Soldiers' Home under an act of the general assembly
appearing at Laws 1925, page 136, approved May 2, 1925, to wit: Beginning
2.00 chains east of the S.W. corner of the east 1/2 of S.W. 1/4 of Sec.
25 T50 R26; thence north 47 degrees east 20.00 chains to a stake; thence
north 35 1/2 degrees west 3.97 chains to a stake; thence north 50 1/2
degrees east 4.84 chains to a post; thence north 39 1/2 degrees west 1.54
chains to a stake; thence north 50 1/2 degrees east 3.84 chains to an
iron post; thence north 35 degrees west 2.15 chains to the south line of
the public road; thence north 54 1/2 degrees east along the south line of
said road 15.03 chains to a concrete post on the west line of the public
road, running south 34 degrees east; thence south 34 degrees east along
the west line of said road 41.03 chains to the south line of Confederate
home land; thence west on said last named line 52.85 chains to the
beginning, are set apart as a permanent memorial park to the valor of the
soldiers who served the Confederacy in the War between the States. The
land is under the control, maintenance and administration of the
department of natural resources and is designated "The Confederate
Memorial Park". (L. 1951 p. 774 §§ 212.040, 212.050, A.L. 1957 p. 306)

The endowment fund authorized by section 2, Laws of Missouri
1925, page 136, shall be maintained by the department of natural
resources as a permanent endowment for the maintenance of the Confederate
Memorial Park. The department of natural resources may accept gifts,
donations, or bequests for the maintenance of the memorial park and for
the endowment fund until the fund reaches the sum of seventy-five
thousand dollars. The department of natural resources may sell, convey or
otherwise convert into money any property received and shall invest all
moneys of the endowment fund and use the income therefrom for the
maintenance of the park, but the principal shall remain intact as a
permanent endowment fund. (L. 1957 p. 306)

The portrait of Mark Twain, and the case in which the portrait
is now enclosed and located in the north inner corridor of the third, or
legislative, floor of the state capitol, is ordered transferred and
installed in the Mark Twain shrine in Mark Twain State Park, wherein the
portrait shall be located in perpetuity in the custody and under the
protection of the department of natural resources. (L. 1963 p. 399 § 1)

The department of natural resources shall repair and maintain as
state historical sites all covered wooden bridges which are acquired
through any grant, gift, donation, devise, or bequest to or for the use
of the state of Missouri. (L. 1967 p. 365 § 1)

As used in sections 253.150 to 253.170 the following terms shall
have, unless the context clearly indicates otherwise, the following
meanings:

(1) "Motor vehicle", any self-propelled vehicle not operated exclusively
upon tracks, except farm tractors;

(2) "Park thoroughfares", any state park road, intended for use by the
general public and designated as such by the department of natural
resources. (L. 1971 H.B. 299 § 1)

No motor vehicle shall be operated within the boundaries of any
state park except upon park thoroughfares or in areas especially
designated by the department of natural resources. This section shall not
apply to authorized park maintenance or emergency vehicles. (L. 1971 H.B.
299 § 2)

Except as otherwise specifically posted, the speed limit within
any state park shall be twenty miles per hour. (L. 1971 H.B. 299 § 3)

All motor vehicles operated upon any park thoroughfare are
subject to the provisions concerning motor vehicles contained in chapters
300, 301, 302, 303, 304 and 307, RSMo, not inconsistent with sections
253.150 to 253.170. (L. 1971 H.B. 299 § 4)

Any person violating any provision of sections 253.150 to
253.170 is guilty of a misdemeanor. (L. 1971 H.B. 299 § 5)

No person shall allow any domestic or other animal under his*
control or ownership to range within any state park at any time. (L. 1971
H.B. 300 § 1)

*Word "their" appears in original rolls.

Domestic household animals shall not be allowed in any state
park unless restrained by a leash not longer than ten feet held by some
person or firmly affixed to some stationary object so as to prevent the
animal from ranging at large. No domestic household or other animal shall
be allowed inside any state park building under the control of either the
department of natural resources or a concessionaire licensed by the
department of natural resources unless permission is granted by the
department of natural resources. (L. 1971 H.B. 300 § 2)

The provisions of sections 253.180 to 253.205 shall not apply to
domestic animals that are or have been engaged in the pursuit of
wildlife. (L. 1971 H.B. 300 § 6)

Fireworks, as defined in section 320.110, RSMo, of any type are
prohibited within the boundaries of any state park except upon the
written permission granted by the department of natural resources. (L.
1971 H.B. 300 § 3)

No person shall pursue, catch, kill or take any wildlife, as
defined in section 252.020, RSMo, in any manner, or in any quantity or at
any time or place within the boundaries of any state park, except by
written provisions issued by the department of natural resources and in
conformity with the published rules and regulations of the Missouri
department of conservation. (L. 1971 H.B. 300 § 4)

Any person violating any provision of sections 253.180 to
253.205 is guilty of a misdemeanor. (L. 1971 H.B. 300 § 5)

As used in sections 253.210 to 253.280, unless the context
clearly requires otherwise:

(1) "Net income and revenues" means the income arising from the operation
of a project remaining after providing for the costs of operation of the
project and the cost of maintaining it;

(2) "Project" means one or more hotels, inns, lodges, tourist cabins, or
dining rooms or any combination of hotel, inn, lodge, and dining room
facilities or one or more recreational buildings, historic sites or
combination of hotel, inn, lodge, tourist cabins, dining rooms and
recreational facilities or historic sites; provided, a given project
shall be limited to a single park;

(3) "Revenue bonds" means bonds issued hereunder for the purposes
authorized and payable, both as to principal and interest, (a) solely out
of the net income and revenues arising from the operation of the project
for which the bonds are issued, (b) the moneys authorized for expenditure
by the department of natural resources in section 253.090 by the
allocation of a sum not to exceed fifty percent of the preceding fiscal
year's deposits in the state park earnings fund, (c) any revenues of the
park in which the project is located, (d) the proceeds of any grant in
aid of the project which may be received from any source, or (e) out of
any other income or revenue pledged to the payment of the bonds in
accordance with the provisions of section 253.230. (L. 1957 p. 300 § 1,
A.L. 1961 p. 231)

1. The department of natural resources is authorized to acquire,
construct, erect, equip, furnish, operate, control, manage and regulate a
project as in the judgment of the department of natural resources may be
necessary, advisable and suitable for the use and improvement of the
state's parks and their facilities.

2. The department of natural resources has the power to use real
property, now or hereafter belonging to the state for park purposes, as a
site for a project or to acquire by purchase, lease, gift or otherwise
such real or personal property as in the judgment of the department of
natural resources shall be necessary, advisable and suitable for the
project, except that real property acquired as a site for a project shall
be contiguous to and become a part of a state park. (L. 1957 p. 300 § 2)

1. For the purpose of providing funds for the acquisition,
construction, erection, equipment, and furnishing a project and providing
a site therefor, as herein provided, the department of natural resources
has the power to issue and sell to the extent of the appropriations made
therefor revenue bonds in an amount not to exceed the estimated cost of
the project including costs necessarily incidental thereto.

2. No revenue bonds shall be issued and sold unless, at the time of
issuance, the department of natural resources shall first obtain the
approval of the governor and general assembly and

(1) Pledge the net income and revenues of the project to the payment of
the bonds, both principal and interest, and, in the discretion of the
department of natural resources, any one or more of the following:

(a) The proceeds of any grant in aid of the project which may be received
from any source;

(b) The net income and revenues arising from the operation of the park in
which the project is located;

(c) The net income and revenues arising from the operation of one or more
other projects, as herein defined, owned and operated by the department
of natural resources; or

(d) The net income and revenues received from contracts entered into for
the management of any state park or for the exercise of any concession,
privilege, facility or convenience within any state park;

(2) Covenant to fix, maintain and collect such reasonable rates and
charges for the use of the projects as in the judgment of the department
will provide revenues sufficient to pay the reasonable cost of operating
and maintaining the project;

(3) Provide and maintain an interest and sinking fund in an amount
adequate promptly to pay the principal of and interest on the bonds;

(4) Provide a reasonable reserve fund;

(5) Provide a reasonable fund for depreciation.

3. The department of natural resources is authorized in its discretion to
use any unencumbered available funds on hand received from the net income
and revenues arising from the operation of any project, as herein
defined, owned and operated by the department of natural resources, or
received from contracts entered into for the management of any state park
or for the exercise of any concession, privilege, facility or convenience
within the state park, not to exceed fifty percent of the preceding
fiscal year's deposits to the department of natural resources earnings
fund, to pay the principal of or the interest on any revenue bonds issued
by the department of natural resources for the purpose of providing funds
for the acquisition, construction, erection, equipment and furnishing a
project and providing a site therefor, or to establish any interest and
sinking fund or reserve fund for the benefit of any such revenue bonds.

4. No revenue bonds shall be issued and sold if private facilities are
adequate in the given park area.

5. The proceeds of the sale of any bonds issued hereunder shall be paid
into the state treasury to the credit of a fund to be known as the
"Department of Natural Resources Building Fund" which is hereby created.
(L. 1957 p. 300 § 3, A.L. 1961 p. 231)

CROSS REFERENCE: Department of natural resources building fund abolished
subject to exemption, RSMo 33.571

The revenue bonds may be issued pursuant to a resolution adopted
by the affirmative vote of two-thirds of the members of the department of
natural resources after proper authorization has been made by the general
assembly through an appropriation authorizing expenditures out of the
proceeds of the sale of the bonds which appropriation shall be chargeable
to the department of natural resources building fund. (L. 1957 p. 300 § 8)

Bonds issued pursuant to sections 253.210 to 253.280 are not an
indebtedness of the state of Missouri, or of the department of natural
resources or of the individual members of the department of natural
resources and are not an indebtedness within the meaning of any
constitutional or statutory limitation on the incurring of indebtedness.
Such bonds shall bear on the face thereof the following: "This is a
revenue bond and not a general obligation bond." (L. 1957 p. 300 § 4)

1. Bonds issued pursuant to sections 253.210 to 253.280 shall be
of such denomination, shall bear such rate of interest, not to exceed
fourteen percent per annum, and shall mature at such time, within forty
years from the date of issuance, as the department of natural resources
may determine. The bonds may be either serial or term bonds.

2. Serial bonds may be issued with or without the reservation of the
right to call them for payment and redemption in advance of their
maturity, upon giving such notice, and with or without a covenant
requiring the payment of a premium in the event of payment and redemption
prior to maturity as the department of natural resources may determine.

3. Term bonds shall contain a reservation of the right to call them for
payment and redemption prior to maturity at such time and upon the giving
of such notice and upon the payment of such premium, if any, as the
department of natural resources may determine.

4. The bonds, when issued, shall be sold at public sale for the best
price obtainable after giving such reasonable notice of the sale as the
department of natural resources may determine except that no bonds shall
be sold for less than ninety-five percent of their par value, and accrued
interest.

5. The bonds may be sold to the United States of America or to any of its
agencies or instrumentalities, at a price not less than par and accrued
interest, without public sale and without the giving of the notice
prescribed in this section.

6. The bonds, when issued and sold, shall be negotiable instruments
within the meaning of the law merchant and the negotiable instruments
law, and the interest thereon shall be exempt from income taxes under the
laws of this state. (L. 1957 p. 300 § 5, A.L. 1959 H.B. 361, A.L. 1969 3d
Ex. Sess. H.B. 28, A.L. 1971 S.B. 163, A.L. 1976 S.B. 778, A.L. 1982 S.B.
696)

1. The department of natural resources is authorized to
prescribe when not inconsistent with the provisions of sections 253.210
to 253.280 the form, details and incidents of the bonds and to make such
covenants as in its judgment may be advisable or necessary properly to
secure the payment of the bonds.

2. The holder of any bond issued hereunder or of any coupons representing
interest accrued may, by proper civil action either at law or in equity,
compel the department of natural resources to perform all duties imposed
upon it by sections 253.210 to 253.280, including the making and
collecting of sufficient rates and charges for the use of the project for
which the bonds were issued and may enforce the performance of any
covenant made by the board in the issuance of the bonds. (L. 1957 p. 300
§ 7)

1. The revenue bonds issued pursuant to sections 253.210 to
253.280 may be refunded, in whole or in part, under any of the following
circumstances:

(1) When any of the bonds have by their terms become due and payable and
there are not sufficient funds in the interest and sinking fund to pay
the bonds and the interest thereon;

(2) When any of the bonds are by their terms callable for payment and
redemption in advance of the date of their maturity and shall have been
duly called for payment and redemption;

(3) When any of the bonds are by their terms callable for payment and
redemption in advance of the date of maturity and the refunding bonds are
sold more than one year prior to the maturity or redemption date of the
bonds being refunded, and the proceeds derived from the sale of the
refunding bonds shall be deposited in escrow with the state treasurer or
a bank or trust company located in the state of Missouri having full
trust powers, and such proceeds shall be invested promptly in direct
obligations of the United States of America or of its agencies or
instrumentalities, or in obligations, the principal of, and interest on,
which are guaranteed by the United States of America, which, together
with the interest to be earned on such obligations, will be sufficient
for the payment of the principal of such bonds, the redemption premium
thereon, if any, and interest accrued to the date of maturity or
redemption. Any moneys and obligations which at any time shall be
deposited with the state treasurer or with such bank or trust company for
the purpose of paying and discharging any of the bonds shall be assigned,
for the respective holders of the bonds, and such moneys shall be
irrevocably appropriated to the payment and discharge thereof;

(4) When any of the bonds are voluntarily surrendered by the holders for
exchange for refunding bonds.

2. For the purpose of refunding any bonds issued, including refunding
bonds, the department of natural resources may make and issue refunding
bonds in such amount as may be necessary to pay off and redeem the bonds
to be refunded together with unpaid and past due interest thereon and any
premium which may be due under the terms of the bonds, together also with
the cost of issuing the refunding bonds.

3. The refunding bonds shall be sold in the same manner as provided in
sections 253.210 to 253.280 for the sale of revenue bonds.

4. The proceeds of the refunding bonds shall be used to pay off, redeem
and cancel such old bonds and interest and the premium, if any due
thereon or the refunding bonds may be issued and delivered in exchange
for a like par value amount of the bonds for which the refunding bonds
were issued, except that no refunding bonds issued pursuant to sections
253.210 to 253.280 shall be payable in more than twenty years from the
date of issue or shall bear interest at a rate in excess of fourteen
percent per annum.

5. The refunding bonds may be payable from the same sources as were
pledged to the payment of the bonds refunded and, in the discretion of
the department of natural resources, may be payable from any other source
which under sections 253.210 to 253.280 may be pledged to the payment of
revenue bonds. (L. 1957 p. 300 § 6, A.L. 1982 S.B. 696)

The director of the department of natural resources may grant
leases for the development, construction, maintenance and operation of
resort and related facilities on federal reservoir lands purchased,
leased, or licensed by the state from the federal government for a period
of not to exceed fifty years. The consideration for the lease shall be
based upon a specified annual rental for each acre plus a percentage of
the gross business done on the land. (L. 1959 H.B. 317 § 1, A.L. 1981
S.B. 445)

All leases granted under sections 253.290 to 253.320 shall be
entered into only upon the basis of competitive sealed bids. A sworn
financial statement shall accompany each bid, and all contracts shall be
let by the director of the department of natural resources at a regular
meeting after public notice of the time of such letting. All bids
submitted prior to the opening of the meeting shall be considered. Such
advertisements for bids shall be made in daily or weekly newspapers of
general circulation for three consecutive weeks as necessary to give
notice by the director. The director shall accept the bid most favorable
to the state from a responsible and reputable person but may, for good
cause, reject any bid. (L. 1959 H.B. 317 § 2, A.L. 1981 S.B. 445)

A good and sufficient bond conditioned upon the faithful
performance of the conditions of the lease and compliance with this law
shall be required of all lessees. (L. 1959 H.B. 317 § 3, A.L. 1961 p.
236, A.L. 1967 p. 362)

Any lease granted under the provisions of sections 253.290 to
253.320 shall be conditioned as follows and also contain such provisions
as the attorney general may prescribe:

(1) The director of the department of natural resources shall retain the
right to enter upon the lands at all times;

(2) The director shall control the style of architecture used in
construction on the lands, and the quality of materials used in said
construction shall be approved by the director of the division of design
and construction for the state of Missouri, and may control all fees and
prices charged to the public as may be required by the director;

(3) The director shall inspect and audit the books and records of the
lessee at least once every two years;

(4) The lessee shall provide such care, maintenance, repair, conservation
and improvement of the lands and shall render such services to the public
as may be required by the director;

(5) The lessee shall keep true and accurate records of his receipts and
disbursements arising out of the operation of facilities upon the leased
lands and shall permit the director to inspect and audit them at all
reasonable times;

(6) Nothing in sections 253.290 to 253.320 shall be construed as denying
the lessees the right to execute mortgages and other evidences of
interest in or indebtedness upon their leasehold interest or properties
thereon for the purpose of installing, enlarging or improving plant and
equipment and extending facilities for the accommodation of the public
within said state park; provided, however, that no such mortgage or other
encumbrance shall be valid unless authorized and approved by the written
order of the director; and further provided that the period for payment
of such mortgage or indebtedness shall not extend beyond the lease
period, and that no obligation or indebtedness shall incur to the state.
(L. 1959 H.B. 317 § 4, A.L. 1961 p. 236, A.L. 1967 p. 362, A.L. 1981 S.B.
445)

1. All personal and real property bequeathed or devised to the
state of Missouri for the benefit of the Doctor Edmund A. Babler Memorial
State Park under the will of Jacob L. Babler and all other personal and
real property acquired through any grant, gift, donation, devise, or
bequest to or for the use of the state of Missouri for such purpose shall
be a permanent endowment fund to be used solely for the maintenance,
beautification and further development or enlargement of the Doctor
Edmund A. Babler Memorial State Park in St. Louis County as provided in
section 253.350.

2. All real property and interests in land acquired as provided in this
section shall be taken in the name of the Missouri department of natural
resources. The department of natural resources shall have the power to
convey such lands or interests therein and the proceeds of such sale
shall be deposited to the credit of the fund established in section
253.360. (L. 1965 p. 387 §§ 1, 3)

1. There is hereby created the "Doctor Edmund A. Babler Memorial
State Park Fund". All money, funds, and securities acquired as provided
in section 253.350 shall be deposited with the state treasurer to the
credit of the fund. All income, interest, rights or rent earned through
the operation of the fund shall also be credited to the fund.

2. The state treasurer shall be the custodian of all money, bonds,
securities or interests and rights therein deposited in the state
treasury to the credit of the Doctor Edmund A. Babler Memorial State Park
fund and he and his sureties are responsible on his official bond for the
faithful performance of his duties in the safekeeping of all money or
property of the fund as provided in this section and section 253.350 and
for the disbursement of such money or property upon warrants drawn by the
Missouri department of natural resources.

3. The Missouri department of natural resources is authorized to use the
income of the fund created by this section for the purposes for which the
fund is dedicated and, in addition, may expend annually an amount equal
to seven and one-half percent of the corpus of the fund for the same
purposes. Such amounts shall be subject to appropriation by the general
assembly.

4. So far as practicable, the money, bonds, and other securities of the
fund shall be kept safely invested so as to earn a reasonable return. The
Missouri department of natural resources shall select such investments as
are permitted by the laws of Missouri relating to the investment of the
capital, reserve and surplus funds of life insurance companies or
casualty insurance companies organized under the laws of Missouri, and
the state treasurer shall make such investments or reinvestments as
directed by the department. The department may retain the services of and
pay a reasonable fee to a professional investment counselor or a trust
company to advise it in the selection of such investments. (L. 1965 p.
387 §§ 2 to 6)

1. Pursuant to the provisions of section 48 of article III of
the Constitution of the State of Missouri, the department of natural
resources is hereby authorized to acquire by purchase, from funds
appropriated or otherwise available to that department, the Thomas Hart
Benton homestead located at 3616 Belleview, Kansas City, Missouri, for
the establishment of a suitable state memorial to Thomas Hart Benton to
be operated and maintained by the division of state parks and recreation
of that department.

2. In acquiring this homestead, which may include both real and personal
property, the department may grant a life estate or similar interest
therein to Mrs. Benton, but it shall make adequate provisions for the
proper care, maintenance and safekeeping of the property to the end that
the homestead will truly become a living memorial to this native
Missourian as it is used and enjoyed by all the citizens of this state.

3. The attorney general shall approve the form of the instrument of
conveyance. (L. 1975 S.B. 430 § 1)

1. As a necessary adjunct to the operation and maintenance of
this memorial and historic site, as herein provided, there is hereby
created a state advisory commission, to be known as "The Thomas Hart
Benton Homestead Memorial Commission", to consist of twenty members, ten
members to be appointed by the director of the department of natural
resources, five members to be appointed by the president pro tem of the
senate and five members to be appointed by the speaker of the house. The
appointees shall be selected from outstanding individuals, not restricted
to citizens of the state, well-known for their interest in and knowledge
of Thomas Hart Benton, his life and his work, and in addition thereto,
the director of the department of natural resources, the chairman of the
Missouri advisory council on historic preservation, which advisory
commission, upon original appointment, is hereby empowered to organize
itself and to elect its own officers for such term or terms as the
commission shall from time to time determine. Any vacancy on the advisory
commission shall be filled by the same official who appointed the person
who left the commission thus creating such vacancy.

2. The commission shall be advisory to the division of state parks and
recreation of the department of natural resources on all policy and
administrative matters pertaining to planning, operation and maintenance,
including museum activities, the employment of curators, staff employees
or other persons, as may be needed.

3. The members of the commission shall not receive any compensation for
their services, but shall be reimbursed for their actual and necessary
expenses, excluding travel expenses, incurred within the state of
Missouri in the performance of their duties.

4. The commission is empowered, in behalf of the state, to accept gifts,
contributions, bequests of unrestricted funds, from individuals,
foundations, corporations and other organizations or institutions for the
furtherance of the objectives and purposes of this memorial.

5. The commission may request from any department, division, board,
bureau, council, commission or other agency of this state such assistance
and data as will enable it to properly carry out its powers and duties
hereunder; and the director of the department of natural resources shall
make provision for the staffing and servicing of the commission, and
providing the necessary funding to carry out its duties, from funds
appropriated or otherwise available to that department. (L. 1975 S.B. 430
§ 2)

1. The state of Missouri may accept in trust a sum of money or
other valuable assets to be held for a period of one hundred years in
interest-bearing investments as a permanent endowment fund for the
benefit and development of the Pansy Johnson-Travis Memorial State
Gardens. There is hereby created the "Pansy Johnson-Travis Memorial State
Gardens Trust Fund" in the state treasury. All money, funds, and
securities given, bequested, or devised to the state of Missouri by Miss
Pansy Johnson for the benefit of the Pansy Johnson-Travis Memorial State
Gardens and all other property, real and personal, acquired through any
grant, gift, donation, devise or bequest to or for the use of the state
of Missouri for such purpose shall be deposited in the Pansy
Johnson-Travis Memorial State Gardens trust fund as a permanent
endowment. All income, interest, rights or rent earned through the
operation of the fund shall also be credited to the fund. The money,
bonds, and other securities of the fund shall be kept safely invested for
a period of one hundred years after receipt of the first payment or
installment into the fund so as to earn a reasonable return. The state
treasurer shall select such investments as are permitted by the laws of
Missouri and shall make such investments as he deems reasonable and
prudent.

2. Upon the expiration of one hundred years from the date of the receipt
of the first payment or receipt into the Pansy Johnson-Travis Memorial
State Gardens trust fund, the governor of the state of Missouri shall
designate the appropriate state agency to utilize the money in the fund
to establish, develop and maintain the Pansy Johnson-Travis Memorial
State Gardens. The Pansy Johnson-Travis Memorial State Gardens shall be
in the nature of a permanent place of natural beauty and recreation and
may take the form of a botanical garden, flower garden or fountain park.
The Pansy Johnson-Travis Memorial State Gardens shall be located east of
the Gasconade River in that area of the state which was Maries County as
it existed in 1985 as described in section 46.111, RSMo, as such section
existed on August 13, 1986.

3. The Pansy Johnson-Travis Memorial State Gardens shall be designed as a
place of beauty utilizing flowers, shrubs, and trees to include scenic
pathways and rest areas but shall not contain playgrounds, campgrounds,
cooking facilities, or other physical recreational facilities normally
found in state parks and recreational areas. A suitable marker shall be
installed in the gardens identifying the area as follows:

Pansy Johnson-Travis Memorial State Gardens dedicated to

the residents of Maries County, Missouri.

In memory of

Martin V. Johnson Malissie Travis Palmer

Ina Travis Johnson William James Travis

Ora Johnson Klein Jesse Hall Travis

4. The state treasurer shall be the custodian of all money, bonds,
securities or interests and rights therein deposited in the Pansy
Johnson-Travis Memorial State Gardens trust fund and he and his sureties
are responsible for his official bond for the faithful performance of his
duties in the safekeeping of all money or property in the fund.

5. Eighty-five years after the date of the receipt of the first payment
or receipt into the Pansy Johnson-Travis Memorial State Gardens trust
fund, the governor shall appoint a planning board to begin planning and
development of the Pansy Johnson-Travis Memorial State Gardens, including
the advance acquisition of land, but the actual construction of the
gardens shall not commence until the expiration of one hundred years
after the date of the receipt of the first payment or receipt into the
trust fund. The board shall consist of the state treasurer or his
designee, the person responsible for the operation of the state park
program or his designee, and three citizens of this state who are
residents of the area in which the Pansy Johnson-Travis Memorial State
Gardens will be located as provided in subsection 2 of this section.

6. Funds for the Pansy Johnson-Travis Memorial State trust fund shall be
expended only upon appropriation by the general assembly. (L. 1986 H.B.
1591 § 1)

CROSS REFERENCE: Transfer of trust fund to Missouri investment trust,
reconveyance to state treasurer, when, RSMo 30.954

1. Pursuant to the provisions of section 48 of article III of
the Constitution of the state of Missouri, the department of natural
resources is hereby authorized to acquire by purchase from funds
appropriated or otherwise available to the department or to acquire by
gift, if such gift is unencumbered by any lien or mortgage, the Rice-
Tremonti Home at 66th and Blue Ridge Boulevard in Raytown, Missouri, for
the establishment of a state historic site as a tribute to Archibald Rice
and his family who supplied food and other essentials to pioneers
striking out for a new home in the great westward expansion.

2. In acquiring this home, which may include both real and personal
property, the department shall make adequate provisions for the proper
care, maintenance and safekeeping of the property so that the home will
be a historic reminder of the sacrifices of our forefathers and ensure
that the home is to be used and enjoyed by all the citizens of this state.

3. The attorney general shall approve the form of the instrument of
conveyance. (L. 1996 H.B. 1237)

1. As used in this section, the following terms mean:

(1) "Historic properties" or "property", any building, structure,
district, area, or site within a municipality's boundaries that is
significant in the history, architecture, archaeology, or culture of this
state, its communities, or this country, which is eligible for nomination
to the National Register of Historic Places;

(2) "Municipality", any town, city, or village that has by ordinance
established a historic preservation revolving fund as authorized by this
section.

2. Any town, city, or village in the state of Missouri may by ordinance
establish a fund for the purpose of protecting and preserving historic
properties, such fund to be known as the "Historic Preservation Revolving
Fund". All expenses incurred in the acquisition of and all revenues
received from the disposition of property as provided in subsections 3
and 4 of this section shall be paid for out of and deposited in the
historic preservation revolving fund. Any moneys appropriated and any
other moneys made available by gift, grant, bequest, contribution, or
otherwise to carry out the purpose of this section, and all interest
earned on, and income generated from, moneys in the fund shall be paid
to, and deposited in, the historic preservation revolving fund.

3. From the moneys in the historic preservation revolving fund, such
municipality may acquire, preserve, restore, hold, maintain, or operate
any historic properties, together with such adjacent or associated lands
within the municipality's boundaries as may be necessary for their
protection, preservation, maintenance, or operation. Any interest in
property acquired using the moneys in the historic preservation revolving
fund shall be limited to that estate, agency, interest, or term deemed by
such municipality to be reasonably necessary for the continued protection
or preservation of the property. The moneys in this fund may be used to
acquire the fee simple title, but where such municipality finds that a
lesser interest, including any development right, negative or affirmative
easement in gross or appurtenant covenant, lease or other contractual
right of or to any real property to be the most practical and economical
method of protecting and preserving historical property, the lesser
interest may be acquired. Property may be acquired by gift, grant,
bequest, devise, lease, purchase, or otherwise, but not by condemnation.

4. Such municipality may acquire or, in the case of property on which
moneys from this fund have been expended, dispose of the fee or lesser
interest to any historic property, including adjacent and associated
lands, for the specific purpose of conveying or leasing the property back
to its original owner or to any such other person, firm, association,
corporation, or other organization under such covenants, deed
restrictions, lease, or other contractual arrangements as will limit the
future use of the property in such a way as to insure its preservation.
In all cases where property on which money from this fund has been
expended is conveyed or leased, it shall be subjected by covenant or
otherwise to such rights of access, public visitation, and other
conditions as may be agreed upon between the municipality and the grantee
or lessee to operate, maintain, restore, or repair such property. Any
conveyance or lease shall contain a reversion clause providing that, in
the event the historic property is not operated, maintained, restored,
and repaired in accordance with the provisions of this section or in such
a way as to insure its preservation, title, and control of such property
shall immediately revert to and vest in the municipality. (L. 2002 S.B.
992)

Sections 253.400 to 253.407 shall be known and may be cited as
the "Historic Preservation Revolving Fund Act". (L. 1979 S.B. 127 § 1)

As used in sections 253.400 to 253.407, unless the context
requires otherwise:

(1) "Department" means the department of natural resources;

(2) "Fund" means the historic preservation revolving fund;

(3) "Historic property" or "property" means any building, structure,
district, area or site that is significant in the history, architecture,
archaeology or culture of this state, its communities or this country,
which is eligible for nomination to the National Register of Historic
Places. (L. 1979 S.B. 127 § 2)

For the purpose of protecting and preserving the historic
properties of this state, there is hereby created a "Historic
Preservation Revolving Fund" to be administered by the department of
natural resources. All expenses incurred in the acquisition of and all
revenues received from the disposition of property as provided in
sections 253.400 to 253.407 shall be paid for out of and deposited in the
historic preservation revolving fund. Any moneys appropriated and any
other moneys made available by gift, grant, bequest, contribution or
otherwise to the department to carry out the purpose of sections 253.400
to 253.407, and all interest earned on, and income generated from, moneys
in the fund shall be paid to, and deposited in, the historic preservation
revolving fund. (L. 1979 S.B. 127 § 3, A.L. 1995 H.B. 622)

From the moneys in the historic preservation revolving fund,
upon appropriation by the general assembly, the department of natural
resources may acquire, preserve, restore, hold, maintain or operate any
historic properties, together with such adjacent or associated lands as
may be necessary for their protection, preservation, maintenance or
operation. Acquisition of historic property may include acquiring the fee
simple title or any lesser interest therein. Property may be acquired by
gift, grant, bequest, devise, lease, purchase or otherwise, but not by
condemnation. (L. 1979 S.B. 127 § 4)

Any interest in property acquired using the moneys in the
historic preservation revolving fund shall be limited to that estate,
agency, interest or term deemed by the department to be reasonably
necessary for the continued protection or preservation of the property.
The moneys in this fund may be used to acquire the fee simple title, but
where the department finds that a lesser interest, including any
development right, negative or affirmative easement in gross or
appurtenant covenant, lease or other contractual right of or to any real
property to be the most practical and economical method of protecting and
preserving historical property, the lesser interest may be acquired. (L.
1979 S.B. 127 § 5)

The department, using moneys from this fund, may acquire or, in
the case of property on which moneys from this fund have been expended,
dispose of the fee or lesser interest to any historic property, including
adjacent and associated lands, for the specific purpose of conveying or
leasing the property back to its original owner or to any such other
person, firm, association, corporation or other organization under such
covenants, deed restrictions, lease or other contractual arrangements as
will limit the future use of the property in such a way as to insure its
preservation. In all cases where property on which money from this fund
has been expended is conveyed or leased, it shall be subjected by
covenant, or otherwise, to such rights of access, public visitation and
other conditions as may be agreed upon between the department and the
grantee or lessee to accomplish the purpose of this section. Any
conveyance or lease shall contain a reversion clause providing that, in
the event the historic property is not operated, maintained, restored and
repaired in accordance with the provisions of this section or in such a
way as to insure its preservation, title and control of such property
shall immediately revert to and vest in the governor. (L. 1979 S.B. 127 §
6)

To initially establish this fund, the general assembly shall
appropriate one million dollars to the historic preservation revolving
fund. The initial appropriated amount shall not be construed to limit in
any way the future balance of money in the fund. (L. 1979 S.B. 127 § 7)

Any unexpended balance in the historic preservation revolving
fund at the end of any appropriation period shall not be transferred to
the general revenue fund of the state treasury and, accordingly, shall be
exempt from the provisions of section 33.080, RSMo, relating to transfer
of funds to the general revenue funds of the state by the state
treasurer. (L. 1979 S.B. 127 § 8)

1. Sections 253.408 to 253.412 shall be known and may be cited
as the "State Historic Preservation Act".

2. The director of the department of natural resources is hereby
designated as the state historic preservation officer. The state historic
preservation office shall be located in the department of natural
resources and shall be responsible for establishing, implementing, and
administering federal and state programs or plans for historic
preservation and shall have the following duties including, but not
limited to:

(1) Direct and conduct a comprehensive statewide survey of historic,
archaeological, architectural, and cultural properties and maintain
inventories of such properties;

(2) Identify and nominate eligible properties to the National Register of
Historic Places and otherwise administer applications for listing
historic properties on the national register;

(3) Prepare and implement a comprehensive statewide historic preservation
plan;

(4) Administer the state program of federal assistance for historic
preservation within the state;

(5) Administer historic preservation fund grants as mandated by the
National Historic Preservation Act of 1966, as amended;

(6) Provide public information, education and training, and technical
assistance relating to the federal and state historic preservation
programs;

(7) Cooperate with local governments in the development of local historic
preservation programs, and to assist local governments in becoming
certified pursuant to the Historic Preservation Act of 1966, as amended;

(8) Advise and assist federal and state agencies and local governments in
carrying out their historic preservation responsibilities;

(9) Cooperate with the National Advisory Council on Historic
Preservation, federal and state agencies, local governments, and
organizations and individuals to ensure that historic properties are
taken into consideration at all levels of planning and development;

(10) Administer the state unmarked human burial sites, as detailed in
sections 194.400 to 194.410, RSMo;

(11) Administer the historic preservation revolving fund, as detailed in
sections 253.400 to 253.407; and

(12) Cooperate with the department of economic development in
administering the main street Missouri act, as detailed in sections
251.470 to 251.485, RSMo. (L. 1991 S.B. 124 §§ 1, 2)

In any county of the first classification which contains a city
with a population of one hundred thousand or more inhabitants which
adjoins no other county of the first classification and in any county
with a population of at least thirty-two thousand inhabitants which
adjoins such a county, prior to the designation of any historic district,
landmark, building, structure or site by any historic preservation
officer, or by any county on the recommendation of any local historic
preservation commission established pursuant to section 253.415, such
historic preservation officer or the governing body of the county shall
send notice to all owners of real property within any such district which
is to be designated as a historic district or to all owners of real
property whose property is to be designated as a historic landmark,
building, structure or site in the manner prescribed in this section.
Such notice shall be sent by registered mail at least fifteen days prior
to the date of such designation and shall provide the property owner the
right to approve or reject the proposed designation. If a majority of
property owners within the proposed historic district object to the
proposed designation, or if the owner of real property which is proposed
to be designated as a historic landmark, building, structure or site
objects to the proposed designation, the historic preservation officer
or, in the case of a proposed local designation pursuant to section
253.412, the governing body of the county, shall not designate the
historic district, landmark, building, structure or site unless and until
a majority of such property owners of the proposed historic district or
the owner of real property which is proposed to be designated as a
historic landmark, building, structure or site withdraw their objections.
The provisions of this section shall not apply to any city located within
a county described in this section. (L. 1994 H.B. 1094)

The state historic preservation officer shall designate a deputy
state historic preservation officer who shall serve as director of the
state historic preservation office. At a minimum, the staff of the state
historic preservation office shall include an archaeologist, an
architectural historian, a historian and a historical architect. (L. 1991
S.B. 124 § 3)

The Missouri advisory council on historic preservation
established by executive order 81-11, pursuant to the historic
preservation act of 1966, and the regulations promulgated thereunder, is
hereby transferred by a type III transfer to the department of natural
resources. (L. 1991 S.B. 124 § 4)

1. This section shall be known and may be cited as the "Local
Historic Preservation Act".

2. Each city, town, village and each county regardless of classification
may create by ordinance or order a historic preservation commission, and
* grant to such commission any or all of the following powers and
authority:

(1) To conduct ongoing survey and research to identify and document
buildings, structures, objects, sites and districts that are of historic,
archaeological, architectural, engineering, cultural or scenic
significance to the locality, the state or the nation;

(2) To recommend to the governing body designation of significant
historic properties as historic landmarks and historic districts, to
prepare documentation supporting such nomination, and to maintain a
register of designated landmarks and districts, and of significant
historical, architectural and archaeological properties;

(3) To recommend to the governing body the establishment of regulations,
guidelines and policies to preserve the integrity and ambience of
designated landmarks and districts. The commission shall have the
authority to review ordinary maintenance as deemed appropriate, new
construction, alterations, removals, and demolitions proposed within the
boundaries of a landmark or district, including review of plans for
vacant lots and nonhistoric buildings and structures;

(4) To provide technical assistance to owners of older and historic,
architectural, archaeological, cultural and scenic properties concerning
the preservation and maintenance of the property;

(5) To recommend to the governing body programs and policies and economic
incentives to encourage the preservation of significant historic
landmarks and districts;

(6) To prepare a comprehensive historic preservation plan, or a
preservation element to a master plan, to integrate the preservation
program into the local government for planning and zoning for land use,
building and fire codes, special-use permits, community revitalization,
and heritage tourism;

(7) To participate in the conduct of land use, urban renewal and other
city activities affecting landmarks and districts; and

(8) To acquire by purchase, gift, or bequest, fee title or lesser
interest, including preservation restriction or easements, in designated
properties and adjacent or associated lands which are important for the
preservation and use of the designated properties.

3. Commission members should, to the extent available, be persons with
demonstrated interest or expertise in historic preservation.
Representatives of historical societies and residents of historic
districts are encouraged as members. (L. 1991 S.B. 124 §§ 5, 6, 7, A.L.
1994 S.B. 737)

* Word "to" appears here in original rolls.

1. After August 28, 1991, no person, corporation, partnership,
proprietorship or organization shall initiate salvage operations,
excavation or similar ground disturbing activities of any submerged or
embedded abandoned shipwreck in this state which meets the national
register of historic places criteria without obtaining a permit from the
department of natural resources as provided in this section. As used in
this section, the term "embedded" means firmly affixed in lands such that
the use of excavation tools is required in order to gain access to any
part of the shipwreck or its cargo.

2. The department of natural resources shall not issue a permit under
this section unless the applicant submits a detailed plan of the
activities regulated by this section to be made by the applicant and such
plan is approved by the department. The department is authorized to
promulgate appropriate regulations for the administration of this
section. All recovery and investigation plans shall meet the current
professional standards for such activities, which minimize the risk of
loss or damage to the shipwreck or its cargo. An applicant shall be a
professional archaeologist, as defined in section 194.400, RSMo, or shall
hire a professional archaeologist as a staff member or consultant to the
activities regulated by this section. Upon approval of a permit
application, the applicant shall pay a permit fee of one hundred dollars
to the director of the department of revenue, who shall deposit all funds
received pursuant to this section in the state treasury to the credit of
the general revenue fund. The department of natural resources shall
approve or deny any application for a permit under this section within
thirty days of application.

3. In the event there is a sale, at least fifty percent of each class,
category or type of all artifacts or recovered materials shall be donated
or offered for sale at fair market value to public or private museums or
to other public institutions in this state. Such museums and institutions
shall study, interpret and display such materials or artifacts. To the
maximum extent possible, such artifacts shall remain in Missouri.

4. Any person, corporation, partnership, proprietorship or organization
who violates the provisions of this section shall be guilty of a class A
misdemeanor. Upon conviction, all specimens, objects and materials
collected or excavated by such person, together with all photographs and
records relating to such material, are property of the state. Each day of
a continuing violation of subsection 1 of this section shall constitute a
separate offense.

5. No rule or portion of a rule promulgated under the authority of this
section shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1991 S.B. 75 § 1, A.L. 1993
S.B. 52, A.L. 1995 S.B. 3)

The general assembly of the state of Missouri, pursuant to
authority granted by the provisions of an act of the Ninety-seventh
Congress of the United States known as Senate Bill No. 1493, PL 97-128,
does hereby disapprove the general conveyance to the state of Missouri by
the federal government or any agency of the federal government of any
lands, and any interests in lands, related to the Meramec Park Lake
Project, but expressly accepts the following conveyances:

(1) The state of Missouri is hereby authorized to accept conveyance of
fee title interests in lands consisting of no more than five thousand one
hundred twenty-two acres, with those lands further described by a map
titled "Meramec Land Map (Reference to amended H.B. 1539, 81st General
Assembly)", dated March 1, 1982, and on file with the Missouri department
of natural resources, parts of which are accepted for the department of
transportation, the department of conservation, and the department of
natural resources as indicated on said map;

(2) The state of Missouri is hereby authorized to accept a conveyance of
restrictive covenants on certain lands presently owned by the United
States government, such lands to be in addition to those identified in
subdivision (1), and which shall consist of those lands which lie within
six hundred feet of either side of a center line of the Meramec River,
Huzzah and Courtois creeks within lands referred to in PL 97-128, as part
of the Meramec Lake Project, or if necessary to comply with PL 97-128, to
the minimum distance from the normal high water mark established by said
law. Such center line shall be established by the state land surveyor
prior to the conveyance;

(3) Such covenants shall only restrict the erection, placement or
maintenance of structures on said lands, the depositing of any trash or
foreign material which is unsightly or offensive, and the cutting,
destruction or removal of any living timber which occupies the banks of
said river and creeks within the designated area. Farm buildings,
including farm residences, and livestock fences shall not be considered
structures for the purposes of this authorization, and presently existing
buildings or structures shall not be affected by this restriction. The
state of Missouri is hereby restricted from using any authority granted
by PL 97-128 to use lands within the areas affected by such covenants for
the development of the Ozark Trail. (L. 1982 H.B. 1539 § 1)

Effective 4-26-82

1. At least one thousand five hundred thirty-two acres of the
total amount of five thousand one hundred twenty-two acres accepted
pursuant to the acceptance authorized by subdivision (1) of section
253.500 shall be sold as provided in this section. An additional two
hundred acres may be sold if such sale is approved by the committee
established by the provisions of subsection 2.

2. Title to those lands shall vest in the governor. All or portions of
the one thousand seven hundred thirty-two acres shall be sold upon the
recommendation of a committee composed of one member of the house of
representatives, appointed by the speaker, one member of the senate,
appointed by the president pro tem of the senate, and the governor or his
representative. Specific authorization is hereby given for the sale of
such lands, and, the provisions of subsection 10 of section 37.005, RSMo,
the contrary notwithstanding, the governor, after recommendation by the
committee, may transfer title to such land without specific legislative
approval for each individual parcel sold. Any such conveyance shall be
signed by the governor, and the form of the instrument of conveyance
shall be approved by the attorney general. (L. 1982 H.B. 1539 § 2
subsecs. 1, 2, A.L. 1983 H.B. 212)

Effective 6-9-83

1. Ten percent of the sale price of any tract sold shall be paid
to the county or counties wherein the lands are located, in a ratio equal
to the portion which lies in each county to the total acreage involved,
and the county or counties shall distribute those proceeds to each
political subdivision which contains within its boundaries all or part of
the land sold in the same ratio as the political subdivision's property
tax rate bears to the total property tax rate which would normally be
levied upon the land sold.

2. Ninety percent of the sale price of any tract sold shall be placed in
the state treasury to the credit of the "Meramec-Onondaga State Parks
Fund" which is hereby created. Moneys so received, together with all
other property acquired through any grant, gift, donation, devise or
bequest which may be received for the support and maintenance of the
Meramec State Park and the Onondaga Cave State Park, which shall also be
placed in said fund, shall be placed in the fund and shall be used solely
for the maintenance, beautification and further development of the
Meramec State Park and the Onondaga Cave State Park. All income,
interest, rights or rent earned through the operation of the fund shall
also be credited to the fund. (L. 1982 H.B. 1539 § 2 subsecs. 3, 4)

Effective 4-26-82

The state treasurer shall be the custodian of all moneys, bonds,
securities or interests and rights therein deposited in the state
treasury to the credit of this fund. All such moneys, bonds, securities
or interests and rights therein shall be invested by the state treasurer
in the same manner as other state funds are invested. He and his sureties
are responsible on his official bond for the faithful performance of his
duties in the safekeeping of all money or property of the fund as
provided in sections 253.510 and 253.520 for the disbursement of such
money or the proceeds from such property by the Missouri department of
natural resources. (L. 1982 H.B. 1539 § 2 subsec. 5)

Effective 4-26-82

The Missouri department of natural resources is authorized to
use the income of the fund created by section 253.520 for the purposes
for which the fund is dedicated and, in addition, may expend annually an
amount equal to seven and one-half percent of the corpus of the fund for
the same purposes. Such amounts shall be subject to appropriation by the
general assembly. If the corpus is reduced to a total of ten thousand
dollars or less, then the entire amount may be appropriated for such
purposes. (L. 1982 H.B. 1539 § 2 subsec. 6)

Effective 4-26-82

As used in sections 253.545 to 253.559, the following terms
mean, unless the context requires otherwise:

(1) "Certified historic structure", a property located in Missouri and
listed individually on the National Register of Historic Places;

(2) "Eligible property", property located in Missouri and offered or used
for residential or business purposes;

(3) "Structure in a certified historic district", a structure located in
Missouri which is certified by the department of natural resources as
contributing to the historic significance of a certified historic
district listed on the National Register of Historic Places, or a local
district that has been certified by the United States Department of the
Interior. (L. 1997 2d Ex. Sess. S.B. 1)

Effective 1-1-98

Any person, firm, partnership, trust, estate, or corporation
incurring costs and expenses for the rehabilitation of eligible property,
which is a certified historic structure or structure in a certified
historic district, shall be entitled to a credit against the taxes
imposed pursuant to chapters 143 and 148, RSMo, except for sections
143.191 to 143.265, RSMo, on that person or entity in an amount equal to
twenty-five percent of the total costs and expenses of rehabilitation
incurred after January 1, 1998, which shall include, but not be limited
to, qualified rehabilitation expenditures as defined under section
47(c)(2)(A) of the Internal Revenue Code of 1986, as amended, and the
related regulations thereunder, provided the rehabilitation costs
associated with rehabilitation and the expenses exceed fifty percent of
the total basis in the property and the rehabilitation meets standards
consistent with the standards of the Secretary of the United States
Department of the Interior for rehabilitation as determined by the state
historic preservation officer of the Missouri department of natural
resources. (L. 1997 2d Ex. Sess. S.B. 1)

Effective 1-1-98

1. If the amount of such credit exceeds the total tax liability
for the year in which the rehabilitated property is placed in service,
the amount that exceeds the state tax liability may be carried back to
any of the three preceding years and carried forward for credit against
the taxes imposed pursuant to chapter 143, RSMo, and chapter 148, RSMo,
except for sections 143.191 to 143.265, RSMo, for the succeeding ten
years, or until the full credit is used, whichever occurs first. Not-for-
profit entities, including but not limited to corporations organized as
not-for-profit corporations pursuant to chapter 355, RSMo, shall be
ineligible for the tax credits authorized under sections 253.545 through
253.561. Taxpayers eligible for such tax credits may transfer, sell or
assign the credits. Credits granted to a partnership, a limited liability
company taxed as a partnership or multiple owners of property shall be
passed through to the partners, members or owners respectively pro rata
or pursuant to an executed agreement among the partners, members or
owners documenting an alternate distribution method.

2. The assignee of the tax credits, hereinafter the assignee for purposes
of this subsection, may use acquired credits to offset up to one hundred
percent of the tax liabilities otherwise imposed pursuant to chapter 143,
RSMo, and chapter 148, RSMo, except for sections 143.191 to 143.265,
RSMo. The assignor shall perfect such transfer by notifying the
department of economic development in writing within thirty calendar days
following the effective date of the transfer and shall provide any
information as may be required by the department of economic development
to administer and carry out the provisions of this section. (L. 1997 2d
Ex. Sess. S.B. 1, A.L. 1998 S.B. 827)

1. To claim the credit authorized pursuant to sections 253.550
to 253.561 of senate bill no. 1 of the second extraordinary session of
the eighty-ninth general assembly and section 253.557 of this act*, the
taxpayer shall apply to the department of economic development which, in
consultation with the department of natural resources, shall determine
the amount of eligible rehabilitation costs and expenses and whether the
rehabilitation meets the standards of the Secretary of the United States
Department of the Interior for rehabilitation as determined by the state
historic preservation officer of the Missouri department of natural
resources. For financial institutions credits authorized pursuant to
sections 253.550 to 253.561 shall be deemed to be "economic development
credits" for purposes of section 148.064, RSMo. The issuing of
certificates of eligible credits to taxpayers shall be performed by the
department of economic development. The taxpayer shall attach the
certificate to all Missouri income tax returns on which the credit is
claimed.

2. The department of economic development shall determine, on an annual
basis, the overall economic impact to the state from the rehabilitation
of eligible property. (L. 1997 2d Ex. Sess. S.B. 1, A.L. 1998 S.B. 827)

*"This act" (S.B. 827, 1998) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

CROSS REFERENCE: Tax Credit Accountability Act of 2004, additional
requirements, RSMo 135.800 to 135.830

The provisions of sections 253.545 to 253.559 shall become
effective on January 1, 1998. (L. 1997 2d Ex. Sess. S.B. 1)

Effective 12-23-97

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