(a) Ecosystem Restoration Fund. The Ecosystem Restoration Fundis established as a nonreverting fund within the Department. The Fund shall betreated as a special trust fund and shall be credited with interest by theState Treasurer pursuant to G.S. 147‑69.2 and G.S. 147‑69.3. TheEcosystem Restoration Fund shall provide a repository for monetarycontributions and donations or dedications of interests in real property topromote projects for the restoration, enhancement, preservation, or creation ofwetlands and riparian areas and for payments made in lieu of compensatorymitigation as described in subsection (b) of this section. No funds shall beexpended from this Fund for any purpose other than those directly contributingto the acquisition, perpetual maintenance, enhancement, restoration, orcreation of wetlands and riparian areas in accordance with the basinwide planas described in G.S. 143‑214.10. The cost of acquisition includes apayment in lieu of ad valorem taxes required under G.S. 146‑22.3 when theDepartment is the State agency making the acquisition.
(a1) The Department may distribute funds from the EcosystemRestoration Fund directly to a federal or State agency, a local government, ora private, nonprofit conservation organization to acquire, manage, and maintainreal property or an interest in real property for the purposes set out insubsection (a) of this section. A recipient of funds under this subsectionshall grant a conservation easement in the real property or interest in realproperty acquired with the funds to the Department in a form that is acceptableto the Department. The Department may convey real property or an interest inreal property that has been acquired under the Ecosystem Enhancement Program toa federal or State agency, a local government, or a private, nonprofitconservation organization to acquire, manage, and maintain real property or aninterest in real property for the purposes set out in subsection (a) of thissection. A grantee of real property or an interest in real property under thissubsection shall grant a conservation easement in the real property or interestin real property to the Department in a form that is acceptable to the Department.
(b) Authorized Methods of Payment. A person subject to apermit or authorization issued by the United States Army Corps of Engineersunder 33 U.S.C. § 1344 may contribute to the Ecosystem Enhancement Program inorder to comply with conditions to, or terms of, the permit or authorization ifparticipation in the Ecosystem Enhancement Program will meet the mitigationrequirements of the United States Army Corps of Engineers. The Departmentshall, at the discretion of the applicant, accept payment into the EcosystemRestoration Fund in lieu of other compensatory mitigation requirements of anyauthorizations issued by the United States Army Corps of Engineers under 33U.S.C. § 1344 if the contributions will meet the mitigation requirements of theUnited States Army Corps of Engineers. Payment may be made in the form ofmonetary contributions according to a fee schedule established by theEnvironmental Management Commission or in the form of donations of realproperty provided that the property is approved by the Department as a suitablesite consistent with the basinwide wetlands restoration plan.
(c) Accounting of Payments. The Department shall provide anitemized statement that accounts for each payment into the Fund. The statementshall include the expenses and activities financed by the payment. (1996, 2nd Ex. Sess., c. 18, s. 27.4(a); 1997‑496, s. 13; 1999‑329,s. 6.1; 2004‑188, s. 3; 2005‑386, s. 3.5.)
(a) Ecosystem Restoration Fund. The Ecosystem Restoration Fundis established as a nonreverting fund within the Department. The Fund shall betreated as a special trust fund and shall be credited with interest by theState Treasurer pursuant to G.S. 147‑69.2 and G.S. 147‑69.3. TheEcosystem Restoration Fund shall provide a repository for monetarycontributions and donations or dedications of interests in real property topromote projects for the restoration, enhancement, preservation, or creation ofwetlands and riparian areas and for payments made in lieu of compensatorymitigation as described in subsection (b) of this section. No funds shall beexpended from this Fund for any purpose other than those directly contributingto the acquisition, perpetual maintenance, enhancement, restoration, orcreation of wetlands and riparian areas in accordance with the basinwide planas described in G.S. 143‑214.10. The cost of acquisition includes apayment in lieu of ad valorem taxes required under G.S. 146‑22.3 when theDepartment is the State agency making the acquisition.
(a1) The Department may distribute funds from the EcosystemRestoration Fund directly to a federal or State agency, a local government, ora private, nonprofit conservation organization to acquire, manage, and maintainreal property or an interest in real property for the purposes set out insubsection (a) of this section. A recipient of funds under this subsectionshall grant a conservation easement in the real property or interest in realproperty acquired with the funds to the Department in a form that is acceptableto the Department. The Department may convey real property or an interest inreal property that has been acquired under the Ecosystem Enhancement Program toa federal or State agency, a local government, or a private, nonprofitconservation organization to acquire, manage, and maintain real property or aninterest in real property for the purposes set out in subsection (a) of thissection. A grantee of real property or an interest in real property under thissubsection shall grant a conservation easement in the real property or interestin real property to the Department in a form that is acceptable to the Department.
(b) Authorized Methods of Payment. A person subject to apermit or authorization issued by the United States Army Corps of Engineersunder 33 U.S.C. § 1344 may contribute to the Ecosystem Enhancement Program inorder to comply with conditions to, or terms of, the permit or authorization ifparticipation in the Ecosystem Enhancement Program will meet the mitigationrequirements of the United States Army Corps of Engineers. The Departmentshall, at the discretion of the applicant, accept payment into the EcosystemRestoration Fund in lieu of other compensatory mitigation requirements of anyauthorizations issued by the United States Army Corps of Engineers under 33U.S.C. § 1344 if the contributions will meet the mitigation requirements of theUnited States Army Corps of Engineers. Payment may be made in the form ofmonetary contributions according to a fee schedule established by theEnvironmental Management Commission or in the form of donations of realproperty provided that the property is approved by the Department as a suitablesite consistent with the basinwide wetlands restoration plan.
(c) Accounting of Payments. The Department shall provide anitemized statement that accounts for each payment into the Fund. The statementshall include the expenses and activities financed by the payment. (1996, 2nd Ex. Sess., c. 18, s. 27.4(a); 1997‑496, s. 13; 1999‑329,s. 6.1; 2004‑188, s. 3; 2005‑386, s. 3.5.)
(a) Ecosystem Restoration Fund. The Ecosystem Restoration Fundis established as a nonreverting fund within the Department. The Fund shall betreated as a special trust fund and shall be credited with interest by theState Treasurer pursuant to G.S. 147‑69.2 and G.S. 147‑69.3. TheEcosystem Restoration Fund shall provide a repository for monetarycontributions and donations or dedications of interests in real property topromote projects for the restoration, enhancement, preservation, or creation ofwetlands and riparian areas and for payments made in lieu of compensatorymitigation as described in subsection (b) of this section. No funds shall beexpended from this Fund for any purpose other than those directly contributingto the acquisition, perpetual maintenance, enhancement, restoration, orcreation of wetlands and riparian areas in accordance with the basinwide planas described in G.S. 143‑214.10. The cost of acquisition includes apayment in lieu of ad valorem taxes required under G.S. 146‑22.3 when theDepartment is the State agency making the acquisition.
(a1) The Department may distribute funds from the EcosystemRestoration Fund directly to a federal or State agency, a local government, ora private, nonprofit conservation organization to acquire, manage, and maintainreal property or an interest in real property for the purposes set out insubsection (a) of this section. A recipient of funds under this subsectionshall grant a conservation easement in the real property or interest in realproperty acquired with the funds to the Department in a form that is acceptableto the Department. The Department may convey real property or an interest inreal property that has been acquired under the Ecosystem Enhancement Program toa federal or State agency, a local government, or a private, nonprofitconservation organization to acquire, manage, and maintain real property or aninterest in real property for the purposes set out in subsection (a) of thissection. A grantee of real property or an interest in real property under thissubsection shall grant a conservation easement in the real property or interestin real property to the Department in a form that is acceptable to the Department.
(b) Authorized Methods of Payment. A person subject to apermit or authorization issued by the United States Army Corps of Engineersunder 33 U.S.C. § 1344 may contribute to the Ecosystem Enhancement Program inorder to comply with conditions to, or terms of, the permit or authorization ifparticipation in the Ecosystem Enhancement Program will meet the mitigationrequirements of the United States Army Corps of Engineers. The Departmentshall, at the discretion of the applicant, accept payment into the EcosystemRestoration Fund in lieu of other compensatory mitigation requirements of anyauthorizations issued by the United States Army Corps of Engineers under 33U.S.C. § 1344 if the contributions will meet the mitigation requirements of theUnited States Army Corps of Engineers. Payment may be made in the form ofmonetary contributions according to a fee schedule established by theEnvironmental Management Commission or in the form of donations of realproperty provided that the property is approved by the Department as a suitablesite consistent with the basinwide wetlands restoration plan.
(c) Accounting of Payments. The Department shall provide anitemized statement that accounts for each payment into the Fund. The statementshall include the expenses and activities financed by the payment. (1996, 2nd Ex. Sess., c. 18, s. 27.4(a); 1997‑496, s. 13; 1999‑329,s. 6.1; 2004‑188, s. 3; 2005‑386, s. 3.5.)
