§ 113‑77.9. Acquisitionof lands with funds from the Natural Heritage Trust Fund.
(a) Proposals. Fromtime to time, but at least once each year, the Secretary, the Chairman of theNorth Carolina Wildlife Resources Commission, the Commissioner of Agriculture,and the Secretary of Cultural Resources may propose to the Trustees lands to beacquired with funds from the Fund. For each tract or interest proposed, theSecretary, the Chairman of the North Carolina Wildlife Resources Commission,the Commissioner of Agriculture, and the Secretary of Cultural Resources shallprovide the Trustees with the following information:
(1) The value of theland for recreation, forestry, fish and wildlife habitat, and wildernesspurposes, and its consistency with the plan developed pursuant to the StateParks Act, the State's comprehensive plan for outdoor recreation, parks,natural areas development, and wildlife management goals and objectives.
(2) Any rare orendangered species on or near the land.
(3) Whether the landcontains a relatively undisturbed and outstanding example of a native NorthCarolina ecological community that is now uncommon.
(4) Whether the landcontains a major river or tributary, watershed, wetland, significant littoral,estuarine, or aquatic site, or important geologic feature.
(5) The extent to whichthe land represents a type of landscape, natural feature, or natural area thatis not currently in the State's inventory of parks and natural areas.
(6) Other sources offunds that may be available to assist in acquiring the land.
(7) The State departmentor division that will be responsible for managing the land.
(8) What assurancesexist that the land will not be used for purposes other than those for which itis being acquired.
(9) Whether the site orstructure is of such historical significance as to be essential to thedevelopment of a balanced State program of historic properties.
(b) Land Acquisitionand Debt Service. The Trustees may authorize expenditures from the Fund forthe following purposes:
(1) To acquire land thatrepresents the ecological diversity of North Carolina, including naturalfeatures such as riverine, montane, coastal, and geologic systems and othernatural areas to ensure their preservation and conservation for recreational,scientific, educational, cultural, and aesthetic purposes, and to retire debtincurred for this purpose under Article 9 of Chapter 142 of the GeneralStatutes.
(2) To acquire land asadditions to the system of parks, State trails, aesthetic forests, fish and wildlifemanagement areas, wild and scenic rivers, and natural areas for the beneficialuse and enjoyment of the public, and to retire debt incurred for this purposeunder Article 9 of Chapter 142 of the General Statutes.
(3) Subject to thelimitations of subsection (b2) of this section, to acquire land thatcontributes to the development of a balanced State program of historicproperties.
(b1) Priorities. Inauthorizing expenditures from the Fund to acquire land pursuant to thisArticle, the first priority shall be the protection of land with outstandingnatural or cultural heritage values. Land with outstanding natural heritagevalues is land that is identified by the North Carolina Natural HeritageProgram as having State or national significance. Land with outstandingcultural heritage values is land that is identified, inventoried, or evaluatedby the Department of Cultural Resources. The Trustees shall be guided by anypriorities established by the Secretary, the Chairman of the Wildlife ResourcesCommission, the Commissioner of Agriculture, and the Secretary of CulturalResources in their proposals made pursuant to subsection (a) of this section.
(b2) Historic Properties. The Trustees may authorize expenditure of up to twenty‑five percent(25%) of the funds credited to the Fund pursuant to G.S. 105‑228.30during the preceding fiscal year to acquire land under subdivision (3) ofsubsection (b) of this section. No other funds in the Fund may be used forexpenditures to acquire land under subdivision (3) of subsection (b) of thissection.
(b3) Debt. Of the fundscredited annually to the Fund pursuant to G.S. 105‑228.30, the Trusteesmay authorize expenditure of up to sixty percent (60%) to reimburse the GeneralFund for debt service on special indebtedness to be issued or incurred underArticle 9 of Chapter 142 of the General Statutes for the purposes provided insubdivisions (b)(1) and (2) of this section. In order to authorize expenditureof funds for debt service reimbursement, the Trustees must identify to theState Treasurer and the Department of Administration the specific naturalheritage projects for which they would like special indebtedness to be issuedor incurred and the annual amount they intend to make available, and requestthe State Treasurer to issue or incur the indebtedness. After specialindebtedness has been issued or incurred for a natural heritage projectrequested by the Trustees, the Trustees must direct the State Treasurer tocredit to the General Fund each year the actual aggregate principal andinterest payments to be made in that year on the special indebtedness, asidentified by the State Treasurer.
(c) Other Purposes. TheTrustees may authorize expenditures from the Fund to pay for the inventory ofnatural areas conducted under the Natural Heritage Program established pursuantto the Nature Preserves Act, Article 9A of Chapter 113A of the GeneralStatutes. The Trustees may also authorize expenditures from the Fund to pay forconservation and protection planning and for informational programs for ownersof natural areas, as defined in G.S. 113A‑164.3.
(d) Acquisition. TheDepartment of Administration may, pursuant to G.S. 143‑341, acquire bypurchase, gift, or devise all lands selected by the Trustees for acquisitionpursuant to this Article. Title to any land acquired pursuant to this Articleshall be vested in the State. A State agency with management responsibility forland acquired pursuant to this Article may enter into a management agreement orlease with a county, city, town, or private nonprofit organization qualifiedunder G.S. 105‑151.12 and G.S. 105‑130.34 and certified undersection 501(c)(3) of the Internal Revenue Code to aid in managing the land. Amanagement agreement or lease shall be executed by the Department ofAdministration pursuant to G.S. 143‑341.
(d1) Local Reimbursement. In any county in which real property was purchased pursuant to subsection (d)of this section as additions to the fish and wildlife management areas andwhere less than twenty‑five percent (25%) of the land area is privatelyowned at the time of purchase, that county and any other local taxing unitshall be annually reimbursed, for a period of 20 years, from funds available tothe North Carolina Wildlife Resources Commission in an amount equal to theamount of ad valorem taxes that would have been paid to the taxing unit if theproperty had remained subject to taxation.
(e) Reports. TheSecretary shall maintain and annually revise a list of grants made pursuant tothis Article. The list shall include the acreage of each tract, the county inwhich the tract is located, the amount awarded from the Fund to acquire thetract, and the State department or division responsible for managing the tract.The Secretary shall furnish a copy of the list to each Trustee, the JointLegislative Commission on Governmental Operations, the House and SenateAppropriations Subcommittees on Natural and Economic Resources, the FiscalResearch Division, and the Environmental Review Commission no later than October1 of each year.
(f) Hunting andFishing. No provision of this Article shall be construed to eliminate huntingand fishing, as regulated by the laws of the State of North Carolina, uponproperties purchased pursuant to this Article. (1987, c. 871, s. 1; 1989, c. 86, s. 1; 1991, c. 689,s. 339; 1991 (Reg. Sess., 1992), c. 1044, s. 66; 1993 (Reg. Sess., 1994), c.772, s. 3; 1997‑366, s. 2; 1998‑212, s. 14.6(b); 2004‑179, s.3.4; 2007‑323, s. 29.14(g); 2009‑484, s. 14.)
§ 113‑77.9. Acquisitionof lands with funds from the Natural Heritage Trust Fund.
(a) Proposals. Fromtime to time, but at least once each year, the Secretary, the Chairman of theNorth Carolina Wildlife Resources Commission, the Commissioner of Agriculture,and the Secretary of Cultural Resources may propose to the Trustees lands to beacquired with funds from the Fund. For each tract or interest proposed, theSecretary, the Chairman of the North Carolina Wildlife Resources Commission,the Commissioner of Agriculture, and the Secretary of Cultural Resources shallprovide the Trustees with the following information:
(1) The value of theland for recreation, forestry, fish and wildlife habitat, and wildernesspurposes, and its consistency with the plan developed pursuant to the StateParks Act, the State's comprehensive plan for outdoor recreation, parks,natural areas development, and wildlife management goals and objectives.
(2) Any rare orendangered species on or near the land.
(3) Whether the landcontains a relatively undisturbed and outstanding example of a native NorthCarolina ecological community that is now uncommon.
(4) Whether the landcontains a major river or tributary, watershed, wetland, significant littoral,estuarine, or aquatic site, or important geologic feature.
(5) The extent to whichthe land represents a type of landscape, natural feature, or natural area thatis not currently in the State's inventory of parks and natural areas.
(6) Other sources offunds that may be available to assist in acquiring the land.
(7) The State departmentor division that will be responsible for managing the land.
(8) What assurancesexist that the land will not be used for purposes other than those for which itis being acquired.
(9) Whether the site orstructure is of such historical significance as to be essential to thedevelopment of a balanced State program of historic properties.
(b) Land Acquisitionand Debt Service. The Trustees may authorize expenditures from the Fund forthe following purposes:
(1) To acquire land thatrepresents the ecological diversity of North Carolina, including naturalfeatures such as riverine, montane, coastal, and geologic systems and othernatural areas to ensure their preservation and conservation for recreational,scientific, educational, cultural, and aesthetic purposes, and to retire debtincurred for this purpose under Article 9 of Chapter 142 of the GeneralStatutes.
(2) To acquire land asadditions to the system of parks, State trails, aesthetic forests, fish and wildlifemanagement areas, wild and scenic rivers, and natural areas for the beneficialuse and enjoyment of the public, and to retire debt incurred for this purposeunder Article 9 of Chapter 142 of the General Statutes.
(3) Subject to thelimitations of subsection (b2) of this section, to acquire land thatcontributes to the development of a balanced State program of historicproperties.
(b1) Priorities. Inauthorizing expenditures from the Fund to acquire land pursuant to thisArticle, the first priority shall be the protection of land with outstandingnatural or cultural heritage values. Land with outstanding natural heritagevalues is land that is identified by the North Carolina Natural HeritageProgram as having State or national significance. Land with outstandingcultural heritage values is land that is identified, inventoried, or evaluatedby the Department of Cultural Resources. The Trustees shall be guided by anypriorities established by the Secretary, the Chairman of the Wildlife ResourcesCommission, the Commissioner of Agriculture, and the Secretary of CulturalResources in their proposals made pursuant to subsection (a) of this section.
(b2) Historic Properties. The Trustees may authorize expenditure of up to twenty‑five percent(25%) of the funds credited to the Fund pursuant to G.S. 105‑228.30during the preceding fiscal year to acquire land under subdivision (3) ofsubsection (b) of this section. No other funds in the Fund may be used forexpenditures to acquire land under subdivision (3) of subsection (b) of thissection.
(b3) Debt. Of the fundscredited annually to the Fund pursuant to G.S. 105‑228.30, the Trusteesmay authorize expenditure of up to sixty percent (60%) to reimburse the GeneralFund for debt service on special indebtedness to be issued or incurred underArticle 9 of Chapter 142 of the General Statutes for the purposes provided insubdivisions (b)(1) and (2) of this section. In order to authorize expenditureof funds for debt service reimbursement, the Trustees must identify to theState Treasurer and the Department of Administration the specific naturalheritage projects for which they would like special indebtedness to be issuedor incurred and the annual amount they intend to make available, and requestthe State Treasurer to issue or incur the indebtedness. After specialindebtedness has been issued or incurred for a natural heritage projectrequested by the Trustees, the Trustees must direct the State Treasurer tocredit to the General Fund each year the actual aggregate principal andinterest payments to be made in that year on the special indebtedness, asidentified by the State Treasurer.
(c) Other Purposes. TheTrustees may authorize expenditures from the Fund to pay for the inventory ofnatural areas conducted under the Natural Heritage Program established pursuantto the Nature Preserves Act, Article 9A of Chapter 113A of the GeneralStatutes. The Trustees may also authorize expenditures from the Fund to pay forconservation and protection planning and for informational programs for ownersof natural areas, as defined in G.S. 113A‑164.3.
(d) Acquisition. TheDepartment of Administration may, pursuant to G.S. 143‑341, acquire bypurchase, gift, or devise all lands selected by the Trustees for acquisitionpursuant to this Article. Title to any land acquired pursuant to this Articleshall be vested in the State. A State agency with management responsibility forland acquired pursuant to this Article may enter into a management agreement orlease with a county, city, town, or private nonprofit organization qualifiedunder G.S. 105‑151.12 and G.S. 105‑130.34 and certified undersection 501(c)(3) of the Internal Revenue Code to aid in managing the land. Amanagement agreement or lease shall be executed by the Department ofAdministration pursuant to G.S. 143‑341.
(d1) Local Reimbursement. In any county in which real property was purchased pursuant to subsection (d)of this section as additions to the fish and wildlife management areas andwhere less than twenty‑five percent (25%) of the land area is privatelyowned at the time of purchase, that county and any other local taxing unitshall be annually reimbursed, for a period of 20 years, from funds available tothe North Carolina Wildlife Resources Commission in an amount equal to theamount of ad valorem taxes that would have been paid to the taxing unit if theproperty had remained subject to taxation.
(e) Reports. TheSecretary shall maintain and annually revise a list of grants made pursuant tothis Article. The list shall include the acreage of each tract, the county inwhich the tract is located, the amount awarded from the Fund to acquire thetract, and the State department or division responsible for managing the tract.The Secretary shall furnish a copy of the list to each Trustee, the JointLegislative Commission on Governmental Operations, the House and SenateAppropriations Subcommittees on Natural and Economic Resources, the FiscalResearch Division, and the Environmental Review Commission no later than October1 of each year.
(f) Hunting andFishing. No provision of this Article shall be construed to eliminate huntingand fishing, as regulated by the laws of the State of North Carolina, uponproperties purchased pursuant to this Article. (1987, c. 871, s. 1; 1989, c. 86, s. 1; 1991, c. 689,s. 339; 1991 (Reg. Sess., 1992), c. 1044, s. 66; 1993 (Reg. Sess., 1994), c.772, s. 3; 1997‑366, s. 2; 1998‑212, s. 14.6(b); 2004‑179, s.3.4; 2007‑323, s. 29.14(g); 2009‑484, s. 14.)
§ 113‑77.9. Acquisitionof lands with funds from the Natural Heritage Trust Fund.
(a) Proposals. Fromtime to time, but at least once each year, the Secretary, the Chairman of theNorth Carolina Wildlife Resources Commission, the Commissioner of Agriculture,and the Secretary of Cultural Resources may propose to the Trustees lands to beacquired with funds from the Fund. For each tract or interest proposed, theSecretary, the Chairman of the North Carolina Wildlife Resources Commission,the Commissioner of Agriculture, and the Secretary of Cultural Resources shallprovide the Trustees with the following information:
(1) The value of theland for recreation, forestry, fish and wildlife habitat, and wildernesspurposes, and its consistency with the plan developed pursuant to the StateParks Act, the State's comprehensive plan for outdoor recreation, parks,natural areas development, and wildlife management goals and objectives.
(2) Any rare orendangered species on or near the land.
(3) Whether the landcontains a relatively undisturbed and outstanding example of a native NorthCarolina ecological community that is now uncommon.
(4) Whether the landcontains a major river or tributary, watershed, wetland, significant littoral,estuarine, or aquatic site, or important geologic feature.
(5) The extent to whichthe land represents a type of landscape, natural feature, or natural area thatis not currently in the State's inventory of parks and natural areas.
(6) Other sources offunds that may be available to assist in acquiring the land.
(7) The State departmentor division that will be responsible for managing the land.
(8) What assurancesexist that the land will not be used for purposes other than those for which itis being acquired.
(9) Whether the site orstructure is of such historical significance as to be essential to thedevelopment of a balanced State program of historic properties.
(b) Land Acquisitionand Debt Service. The Trustees may authorize expenditures from the Fund forthe following purposes:
(1) To acquire land thatrepresents the ecological diversity of North Carolina, including naturalfeatures such as riverine, montane, coastal, and geologic systems and othernatural areas to ensure their preservation and conservation for recreational,scientific, educational, cultural, and aesthetic purposes, and to retire debtincurred for this purpose under Article 9 of Chapter 142 of the GeneralStatutes.
(2) To acquire land asadditions to the system of parks, State trails, aesthetic forests, fish and wildlifemanagement areas, wild and scenic rivers, and natural areas for the beneficialuse and enjoyment of the public, and to retire debt incurred for this purposeunder Article 9 of Chapter 142 of the General Statutes.
(3) Subject to thelimitations of subsection (b2) of this section, to acquire land thatcontributes to the development of a balanced State program of historicproperties.
(b1) Priorities. Inauthorizing expenditures from the Fund to acquire land pursuant to thisArticle, the first priority shall be the protection of land with outstandingnatural or cultural heritage values. Land with outstanding natural heritagevalues is land that is identified by the North Carolina Natural HeritageProgram as having State or national significance. Land with outstandingcultural heritage values is land that is identified, inventoried, or evaluatedby the Department of Cultural Resources. The Trustees shall be guided by anypriorities established by the Secretary, the Chairman of the Wildlife ResourcesCommission, the Commissioner of Agriculture, and the Secretary of CulturalResources in their proposals made pursuant to subsection (a) of this section.
(b2) Historic Properties. The Trustees may authorize expenditure of up to twenty‑five percent(25%) of the funds credited to the Fund pursuant to G.S. 105‑228.30during the preceding fiscal year to acquire land under subdivision (3) ofsubsection (b) of this section. No other funds in the Fund may be used forexpenditures to acquire land under subdivision (3) of subsection (b) of thissection.
(b3) Debt. Of the fundscredited annually to the Fund pursuant to G.S. 105‑228.30, the Trusteesmay authorize expenditure of up to sixty percent (60%) to reimburse the GeneralFund for debt service on special indebtedness to be issued or incurred underArticle 9 of Chapter 142 of the General Statutes for the purposes provided insubdivisions (b)(1) and (2) of this section. In order to authorize expenditureof funds for debt service reimbursement, the Trustees must identify to theState Treasurer and the Department of Administration the specific naturalheritage projects for which they would like special indebtedness to be issuedor incurred and the annual amount they intend to make available, and requestthe State Treasurer to issue or incur the indebtedness. After specialindebtedness has been issued or incurred for a natural heritage projectrequested by the Trustees, the Trustees must direct the State Treasurer tocredit to the General Fund each year the actual aggregate principal andinterest payments to be made in that year on the special indebtedness, asidentified by the State Treasurer.
(c) Other Purposes. TheTrustees may authorize expenditures from the Fund to pay for the inventory ofnatural areas conducted under the Natural Heritage Program established pursuantto the Nature Preserves Act, Article 9A of Chapter 113A of the GeneralStatutes. The Trustees may also authorize expenditures from the Fund to pay forconservation and protection planning and for informational programs for ownersof natural areas, as defined in G.S. 113A‑164.3.
(d) Acquisition. TheDepartment of Administration may, pursuant to G.S. 143‑341, acquire bypurchase, gift, or devise all lands selected by the Trustees for acquisitionpursuant to this Article. Title to any land acquired pursuant to this Articleshall be vested in the State. A State agency with management responsibility forland acquired pursuant to this Article may enter into a management agreement orlease with a county, city, town, or private nonprofit organization qualifiedunder G.S. 105‑151.12 and G.S. 105‑130.34 and certified undersection 501(c)(3) of the Internal Revenue Code to aid in managing the land. Amanagement agreement or lease shall be executed by the Department ofAdministration pursuant to G.S. 143‑341.
(d1) Local Reimbursement. In any county in which real property was purchased pursuant to subsection (d)of this section as additions to the fish and wildlife management areas andwhere less than twenty‑five percent (25%) of the land area is privatelyowned at the time of purchase, that county and any other local taxing unitshall be annually reimbursed, for a period of 20 years, from funds available tothe North Carolina Wildlife Resources Commission in an amount equal to theamount of ad valorem taxes that would have been paid to the taxing unit if theproperty had remained subject to taxation.
(e) Reports. TheSecretary shall maintain and annually revise a list of grants made pursuant tothis Article. The list shall include the acreage of each tract, the county inwhich the tract is located, the amount awarded from the Fund to acquire thetract, and the State department or division responsible for managing the tract.The Secretary shall furnish a copy of the list to each Trustee, the JointLegislative Commission on Governmental Operations, the House and SenateAppropriations Subcommittees on Natural and Economic Resources, the FiscalResearch Division, and the Environmental Review Commission no later than October1 of each year.
(f) Hunting andFishing. No provision of this Article shall be construed to eliminate huntingand fishing, as regulated by the laws of the State of North Carolina, uponproperties purchased pursuant to this Article. (1987, c. 871, s. 1; 1989, c. 86, s. 1; 1991, c. 689,s. 339; 1991 (Reg. Sess., 1992), c. 1044, s. 66; 1993 (Reg. Sess., 1994), c.772, s. 3; 1997‑366, s. 2; 1998‑212, s. 14.6(b); 2004‑179, s.3.4; 2007‑323, s. 29.14(g); 2009‑484, s. 14.)
