SENATE, No. 30

SECTION 1.  The division of capital asset management and maintenance, notwithstanding the provisions of sections 40E through 40J, inclusive, of chapter 7 of the General laws, may, in consultation with the department of environmental management, execute and deliver on behalf of the commonwealth, subject to such terms and conditions as may be determined by the division in consultation with the department, one or more instruments to lease certain land together with the buildings thereon, now part of a state forest under the care and control of the department and consisting of approximately 20 acres on the shore of Thompson's pond located in the town of Spencer, the leased area to be shown on a plan of land suitable for recording,  to the Worcester County 4H Center Committee for a term or terms not to exceed 25 years for use as a meeting place for the committee,  for the development of interest in agriculture by young people, and to run a summer day camp program.  The lease authorized by this act shall commence upon the expiration of the lease for the land and buildings authorized by chapter 256 of the acts of 1971.  The lease shall also contain such terms and conditions as will comply with all laws in relation to the protection of fish, birds, and quadrupeds and the preservation and development of the forest.  The control and supervision of the land and buildings shall remain under the department, except as provided under the terms of the lease, and all provisions relating to state forests not inconsistent with the provisions of this act shall remain in full force and effect.  The lease price to be paid by the Worcester County 4H Center Committee for the land and buildings parcel shall be the full and fair market value of said land and buildings for use as a meeting place for the committee, for the development of interest in agriculture by young people, and to run a summer day camp program, as determined by one or more professional appraisals commissioned by said division; provided however, that the lease price may be reduced or waived by the division, in consultation with the department, in the event payment thereof imposes a hardship on the lessee or significantly interferes with the operations of the Worcester County 4H Center Committee at the property described above as demonstrated in an annual financial statement to be submitted by the Worcester County 4H Center Committee to the division and the department.  The amount of any reduction in the lease payment shall in no case exceed the dollar amount of capital improvements made to the buildings and grounds by the Worcester County 4H Center Committee as documented in the annual financial statement.  The commissioner shall, 30 days prior to the execution of any lease or leases authorized by this act or any subsequent amendment thereof, submit the lease or leases, or amendments thereto and a report thereon to the inspector general.  The inspector general shall review and approve the appraisal or appraisals, and the review and appraisal shall include an examination of the methodology utilized for the appraisal or appraisals.  The inspector general shall prepare a report of his review and approval of the appraisal or appraisals, lease or leases, or amendments and file his report with the commissioner, and copies of the same shall be filed with the house and senate committees on ways and means and with the chairmen of the joint committee on state administration at least 15 days prior to said execution.  The lease price paid by the Worcester County 4H Center Committee for any lease or leases, and any amendments thereof authorized by this act shall be deposited in the general fund of the commonwealth.
SECTION 2.  The Worcester County 4H Center Committee shall be responsible for all costs associated with any appraisal, survey, or other expense incurred by the commonwealth relating to the lease or leases authorized by section 1 of his act, and for any costs, liabilities, or expenses of any kind for the development, improvement, maintenance, or operation of said parcel as may be determined by the division in consultation with the department.
SECTION 3.  The Worcester County 4H Center Committee shall carry such comprehensive liability insurance, in an amount deemed adequate by the commissioner of the division to protect the commonwealth and the committee against personal injury or property damage occurring on the leased land, within the buildings, or within any other structures built or used by the committee on the land during the term of any lease or leases authorized by this act.
SECTION 4.  Upon failure of the Worcester County 4H Center Committee, for a period of two years, to make use of the land and buildings for the purposes described herein, the lease hereby authorized may terminate upon notice to the committee, and the land and building together with any improvements thereon shall revert to the commonwealth under the care and control of the department.  Any further disposition of said parcel shall be subject to the provisions of sections 40E through 40J, inclusive, of chapter 7 of the General Laws and must have the prior approval of the general court.
SECTION 5.  Except as provided herein, nothing in this act shall be construed to prevent the use of the forest by the public to the same extent as if this act had not been enacted.