Chapter 227: Aerial Tramways

The department of natural and cultural resources shall have power (1) to construct, maintain, reconstruct and operate an aerial tramway on Cannon Mountain in Franconia Notch; (2) to acquire, hold, and dispose of personal property for the purposes hereof; (3) to acquire in the name of the state, by purchase, condemnation, lease or otherwise, real property and rights or easements therein, deemed by it necessary or desirable for the purposes hereof, and to use such property; (4) to acquire any such real property by the exercise of the power of condemnation in the manner provided in RSA 4:29-39; (5) to charge and collect fees, fares and tolls for carriage and other services made available in connection with the tramway; (6) to make contracts on behalf of the state, with the United States, other states, public corporations or bodies existing therein, and private corporations and individuals; (7) to accept grants, permits and cooperation from the United States or any agency thereof in the construction, maintenance, reconstruction, operation, and financing of the tramway and its appurtenances and to do any and all things necessary in order to avail itself of such aid and cooperation; (8) to employ, subject to the regulations of the state personnel commission, such assistants, agents and servants as it shall deem necessary or desirable for its purposes; (9) to exercise any of its powers in the public domain of the United States, unless the exercise of such powers is not permitted by the laws of the United States; and (10) to do all things necessary or incidental to the foregoing powers.

The department shall procure liability insurance through the department of administrative services, division of procurement and support services.

Said tramway and its termini and other appurtenances shall be located in such manner that the same shall cause no damage to the Old Man of the Mountain and the immediate surroundings thereof and shall cause no substantial damage to the general scenic values in Franconia Notch and shall occasion no unnecessary destruction of forest growth in said area. Plans and specifications for such tramway, termini and appurtenances shall be submitted to the governor and council and approved by them as complying with the provisions of this section, before construction thereof shall be commenced. No changes shall be made in such plans and specifications so approved until such changes have been likewise submitted and approved. Nothing herein shall be construed to restrict in any way the authority of the department of natural and cultural resources in the management, operation, and control of the tramway, nor to limit the right of the department to enter into contracts for construction or for other purposes.

To the extent that it may be necessary to carry out the provisions of this subdivision the department shall have power to use and control public lands of the state. Forthwith upon the acquisition by the department in the name of the state through purchase, condemnation, or otherwise of any real property or interest or easement therein, such property or rights shall, without further action, and by virtue hereof, be and become dedicated to the uses and purposes of the department.

So far as the provisions of this subdivision are inconsistent with the provisions of laws of 1925, 101, relative to the use and management of state lands in Franconia Notch acquired under the provisions thereof, the provisions of this subdivision shall control.

There shall be constructed on Mt. Sunapee in the town of Newbury a tramway, or other lifting device, in accordance with the following provisions.

Upon completion of the project as hereinbefore provided, the operation and management thereof shall be under the supervision of the department of natural and cultural resources, and for the purpose of said operation and maintenance said department shall have power to (1) charge and collect fees, fares and tolls for carriage and other services made available in connection with said tramway or other lifting device; (2) to make contracts on behalf of the state with the United States, other states, public corporations or bodies existing therein, and private corporations and individuals; (3) to accept grants, permits and cooperation from the United States or any agency thereof in the maintenance and operation of said project and its appurtenances, and to do any and all things necessary in order to avail itself of such aid and cooperation; (4) to employ, subject to the regulations of the state personnel commission, such assistants, agents and servants as it shall deem necessary or desirable for its purposes; (5) to exercise any of its powers in the public domain of the United States, unless the exercise of such powers is not permitted by the laws of the United States; (6) to do all things necessary or incidental to the foregoing powers.

It is hereby declared that the purposes of this subdivision are to develop, promote, and enhance the recreational resources of the state and further the public interest thereby.

In exercising the functions, powers and duties, transferred to it from the former New Hampshire aerial tramway commission, and in the construction, development, and maintenance of projects in the area known as the White Mountain Region, the department of natural and cultural resources shall consult and advise with the directors of the White Mountain Region Association, so-called, upon all matters of policy involved in the general development and supervision of public projects in said area and of its recreational facilities belonging to the state.

The department shall not exercise its authority pursuant to RSA 227:1 and 8, to establish fees, fares and tolls at Cannon Mountain so as to discriminate against or to the detriment of, financially or otherwise, resident skiers, either directly or indirectly.

All season passes, including those for different age groups or military service, established by the department for the specific use of the winter facilities at Cannon Mountain aerial tramway and ski area shall be made available to any resident of this state at a 25 percent discount. For the purposes of this section, "resident of this state" means a person whose domicile is in this state. To qualify for the discount, a resident shall provide proof of residency and purchase the pass prior to December 15 of the year in which the pass becomes effective. Proof of residency shall include a state issued driver's license; a state issued I.D. card with a photograph or information including name, sex, date of birth, height, weight and color of eyes; a United States passport; an affidavit certifying residency from the municipal clerk of the purchasers' town or city of residence; or, for a person less than 18 years of age, proof of a parent's or guardian's residency provided by the resident parent or guardian. The commissioner of the department of natural and cultural resources shall make quarterly reports on season passes issued under this section to the senate president, the speaker of the house of representatives, and the governor and council.