AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING THE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES, AS RECOMMENDED BY THE DEPARTMENT. SL 2023-70. Enacted June 30, 2023. Effective June 30, 2023.
Bill Summaries: H168 (2023-2024 Session)
Tracking:
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Bill H 168 (2023-2024)Summary date: Jul 3 2023 - View summary
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Bill H 168 (2023-2024)Summary date: Jun 20 2023 - View summary
Senate amendment to the 3rd edition makes a technical change to GS 20-79.7.
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Bill H 168 (2023-2024)Summary date: Jun 14 2023 - View summary
Senate committee substitute to the 2nd edition makes the following changes.
Section 10.
Amends GS 143B-135.242 (pertaining to the powers and duties of the Clean Water Management Trust Fund Board of Trustees [Trustees]) to allow the Council of State to delegate its approval authority of any acquisition of land by the Trustees. Specifies that deeds for the land in fee simple absolute (was, just deeds for the land) are subject to approval by the Attorney General before the acquisition can become effective.
Section 11.
Amends GS 121-25 (licenses to conduct exploration, recovery or salvage operations) to delete provisions specifying that all photographs, video recordings, or other documentary materials of a derelict vessel or shipwreck or its contents, relics, artifacts, or historic materials in the custody of any agency of North Carolina government or its subdivisions are public records. Makes conforming changes.
Section 12.
Amends Section 40.17(a)(55) of SL 2021-180 (pertaining to certain funds for the Nikwasi and Watauga Towns Cherokee Settlement) as amended, as follows. Specifies that $100,000 of the Watauga Town Cherokee Settlement for the 2021-2022 fiscal year is to be provided instead, along with the already specified funds for the Nikwasi Town Cherokee Settlement, as a grant to Mainspring Conservation Trust, Inc. Makes conforming changes to reflect new total of $813,400 in transferred funds. Now just specifies that the receiving trust should use those funds for land acquisition at the Nikwasi Town and Watauga Town Cherokee mound sites (currently, specifies amount of acreage and easement to purchase). Deletes grant of $113,000 to the Department of Natural and Cultural Resources (DNCR) for the purchase of easement.
Section 13.
Amends GS 143-260.10 (components of State nature and historic preserve) as follows. Changes effective date of the list of all lands and waters within the boundaries of the listed units of the State Parks System from as of June 7, 2022, to May 2, 2023. Adds Bakers Lake State Natural Area. Removes Occoneechee Mountain State Natural Area and South Mountains State Park. Changes the date by which listed lands and waters are to be within the boundaries of William B. Umstead State Park, Morrow Mountain State Park, Crowders Mountain State Park, New River State Park, Hanging Rock State Park, Jockey's Ridge State Park, Mount Jefferson State Natural Area, Eno River State Park, Hemlock Bluffs State Natural Area, Lake James State Park, Lake Waccamaw State Park, Chimney Rock State Park, Mountains-to-Sea Trail, Gorges State Park, Lower Haw State Natural Area, Lumber River State Park, Mitchells Millpond State Natural Area, Carvers Creek State Park, and the Mayo River State Park from June 7, 2022 to May 2, 2023.
Changes effective date of the list of all lands and waters that are within the boundaries of the listed State Historic Sites from as of June 7, 2022, to May 2, 2023. Adds Shallow Ford of the Yadkin and Thomas Day House/Union Tavern to the list.
Excludes from the State Parks System an additional portion of land in Hanging Rock State Park described in Deed Book 588, Page 727, and containing 0.155 acres as shown on the survey entitled "Plat of Survey for the State of North Carolina Showing Proposed Boundary Line Agreement" by C.E. Robertson and Associates, PC, dated March 14, 2023.
Deletes language excluding that portion of that certain tract or parcel of land at Lake James State Park in Burke County, Linville Township, described in Deed Book 1431, Page 859, and shown on the survey prepared by Suttles Surveying, PA dated May 2, 2014, entitled “Survey for State of North Carolina,” containing 3.41 acres and on file with the State Property Office from the State Parks System.
Deletes language excluding that portion of that certain tract or parcel of property at Gorges State Park in Transylvania County, described in Deed Book 153, Page 083, and containing approximately 4.2 acres as shown as Tract “A” in a survey prepared by E. Roger Raxter, Inc., entitled “State of North Carolina and Blue Ridge Mountains RV Resort Property Owners' Association, Inc.,” and dated March 20, 2016 from the State Parks System.
Excludes from the State Parks System those portions of that certain tract or parcel of land at Lumber River State Park in Robeson County, described in Deed Book 1134, Page 70, containing a total of 9,572.57 square feet for the North Carolina Department of Transportation Improvement Plan I-6064A (Interstate-95 Widening) and shown on the drawing prepared by ICE of Carolinas, PLLC, and filed in the State Property Office.
Adds certain tracts within and in the vicinity of the National Landmark Historic District of Bethania in Forsyth County containing approximately 189.84 acres, identified within the State Property Office file as those complexes designated as Bethania Walnut Bluffs and Historic Bethabara Park, and assigned to the Department of Natural and Cultural Resources as of May 2, 2023, to the State Parks System.
Specifies that all lands and waters located within the boundaries of the Occoneechee Mountain State Natural Area as of May 2, 2023, are part of the State Parks System, with the exception of the following tract: the portion of that certain tract or parcel of land at Occoneechee Mountain State Natural Area in Orange County, Hillsborough Township, described in Deed Book 6638, Page 2222, and Deed Book 6638, Page 2227, containing 2,662.48 square feet for the North Carolina Department of Transportation Improvement Plan I-3306A (Interstate-40 Widening) and shown on the drawing prepared by HDR Engineering, Inc., of the Carolinas and filed in the State Property Office.
Specifies that all lands and waters located within the boundaries of the of South Mountains State Park as of May 2, 2023, are part of the State Parks System, with the exception of the following tract: with respect to the communications tower site on Walkertop Mountain located on a portion of that certain tract or parcel of land at South Mountains State Park in Burke County, Morganton Township, described in Deed Book 2654, Page 801, the State may provide space at the communications tower site for the placement of broadband infrastructure on State land. Requires that the State allow the collocation, installation, and operation of equipment by a broadband provider on any existing structure owned by the State.
Makes organizational changes.
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Bill H 168 (2023-2024)Summary date: Mar 23 2023 - View summary
House committee substitute to the 1st edition makes the following changes. Amends GS 121-20(b) by changing the Tryon Palace Commission’s authorized use of proceeds for sales or lease of artifacts and furnishings, after deduction of expenses related to the sale or lease to allow the proceeds for expenses associated with the purchase, maintenance, or conservation of its artifacts and furnishings (was, just acquisition of those artifacts and furnishings). Amends GS 132-11(c) (pertaining to exception to time limits on the confidentiality of records) to clarify that the juvenile records referred to in the subsection are confidential juvenile records.
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Bill H 168 (2023-2024)Summary date: Feb 21 2023 - View summary
Section 1
Amends GS 140-5.13 by increasing by one the Governor’s appointees from each of the State’s congressional districts to the North Carolina Museum of Art’s Board of Trustees. Makes conforming changes to the total number of members.
Section 2
Amends GS 121-4 by amending the Department of Natural and Cultural Resources’ (DNCR) power, with approval from the Historical Commission, to dispose of accessioned records, artifacts, and furnishings determined to have no further use or value for official or administrative purposes or for research and reference purposes, by (1) expanding the power to also include disposal of agricultural products and (2) specifying that the power is regardless of Article 3A (Surplus Property) of GS Chapter 143, GS 143-49(4) (concerning the Secretary of Administration’s supervision of inventories of all tangible personal property belonging to the State government, or any of its departments, institutions, or agencies), or any other laws pertaining to surplus State property.
Amends GS 121-7 by amending DNCR’s power, with approval from the Historical Commission, to sell, trade, or place on loan artifacts owned by the State and in the custody of and curated by the Office of Archives and History, by (1) expanding this power to also include the lease or donation of the artifacts and (2) specifying that the power is regardless of Article 3A of GS Chapter 143, GS 143-49(4), or other laws pertaining to surplus State property. Make conforming changes.
Amends GS 121-7.1 by amending DNCR’s power, with approval from the Historical Commission, to sell, trade, or place on loan artifacts from the North Carolina Maritime Museum by expanding this power to also include the lease or donation of the artifacts. Makes conforming changes.
Amends GS 121-20 by amending the Tryon Palace Commission’s power to dispose of by trade, sale, or transfer any accessioned or unaccessioned artifacts and furnishings that are determined to have no further value for official or administrative purpose or for research, reference, or interpretation, by (1) expanding this power to also include the lease or donation of the artifacts and furnishings and (2) specifying that the power is regardless of Article 3A of GS Chapter 143, GS 143-49(4), or other laws pertaining to surplus State property. Makes conforming changes.
Amends GS 140-5.14 by amending the powers of the North Carolina Museum of Art’s Board of Trustees by amending the power, after consultation with the Secretary of Natural and Cultural Resources, to (1) exchange works of art owned by the museum for others, by adding that this is regardless of Article 3A of GS Chapter 143, GS 143-49(4), or other laws pertaining to surplus State property and (2) sell ay work of art owned by the museum if it is in the museum’s best interest, to also allow leasing or donating the work, and specifying that the power is regardless of Article 3A of GS Chapter 143, GS 143-49(4), or other laws pertaining to surplus State property. Makes conforming changes.
Amends GS 143B-79 by amending the Executive Mansion Fine Arts Committee’s power to dispose of property held in the mansion by (1) expanding this power to also include the lease of the property and (2) specifying that the power is regardless of Article 3A of GS Chapter 143, GS 143-49(4), or other laws pertaining to surplus State property. Make conforming changes.
Amends GS 143B-135.182, by amending the powers of the Division of North Carolina Aquariums to dispose of exhibits, exhibit components, or objects from the collections by trade, sale, or trade, by (1) expanding this power to also include the donation of those items and (2) specifying that the power is regardless of any other laws pertaining to surplus State property. Makes conforming changes.
Amends GS 143B-135.223 by amending DNCR’s power to sell or exchange objects from the collection of the Museum of Natural Sciences to now allow for the sale, lease, donation, or trade of those items. Makes conforming changes.
Section 3
Amends GS 132-11 (setting 100-year time limit on the confidentiality of certain public records) to delete probationer, parolee, post releasee, and prison inmate records (including mental health and medical records) from list of records that are exempt from the expiration of confidentiality so that only juvenile court records would fall under that exemption.
Section 4
Repeals subdivision 3 of Section 2 of SL 2012-93, which requires the Department of Environment and Natural Resources (DENR) [now DEQ] to validate the number of visitors per car used in the calculation of visitor counts at State parks no less frequently than every five years and sets deadlines for the first report due.
Amends GS 143B-135.48 (requiring DNCR to make a state parks system plan) to make technical changes and to add the requirement that the plan ensures that the state parks system plan validates the number of visitors per car used in the calculation of visitor counts at units in the state parks system.
Section 5
Amends GS 143B-135.272 to remove reference to repealed statute.
Section 6
Amends GS 66-58 (governing conditions for sale of services or merchandise by governmental units) as follows. Amends exemption from the general bar on sale of services or merchandise by governmental units to allow DNCR to operate lodging facilities located at Haw River State Park, Hanging Rock State Park, and Pisgah View State Park as well as a hotel and related facilities operated by a private entity on land leased from the North Carolina Zoological Park as authorized hotel or tourist inns (current law only references DNCR’s ability to lease land from the North Carolina Zoological Park to a private entity to operate a hotel and related facilities). Specifies that hotels or tourists inns do not include rentals of rustic cabins and recreational vehicles or tent sites in state parks.
Section 7
Amends GS 143B-235.204 to add donation to the list of transactions (currently, just sale, lease, or trade) related to zoo park property must be conducted under certain practices.
Amends GS 143B-135.205 (establishing duties and powers of North Carolina Zoological Park Council [NCZPC]) as follows. Changes the NCZPC’s power from approving conceptual plans for the North Carolina Zoological Park (Zoo) and its buildings to advising the Secretary on those things. Changes the NCZPC’s power to establish and set admission fees to recommending admission fees for the approval of the Secretary.
Amends GS 143B-209(c) (governing uses of the funds from the North Carolina Zoo Fund) as follows. Specifies that the Secretary may approve the use of the North Carolina Zoo Fund for repair and renovation projects at the Zoo that comply with certain criteria (currently, the Secretary may approve use of the zoo fund for repair and renovation projects recommended by the NCZPC). Makes other clarifying change.
Amends GS 143B-135.210 to allow both the NCZPC and the Secretary to receive gifts to promote the Zoo (currently, only NCZPC has such authorization).
Amends GS 143B-135.213 to remove references to the NCZPC as an entity authorized to expend private funds for the Zoo to replace NCZPC with the Secretary as that authorized party (currently NCZPC can expend such funds under the supervision and approval and with the assistance of the Secretary). Makes other conforming changes. Specifies that the Secretary can set admission fees to the Zoo as recommended by the NCZPC (currently, NCZPC sets admission fees with the approval of the Secretary). Authorizes the Secretary to dispose of Zoo exhibits by sale, lease, donation, or trade and requires those disposals be done under certain conditions (currently, NCZPC is the authorized party, and it can only dispose of Zoo exhibits by sale, lease or trade).
Amends GS 143B-135.214 to remove the NCZPC as party who can exercise powers related to fee negotiations, contracts, and capital improvements (including power to conduct certain fee negotiations and to develop certain procedures related to building projects) so that the DNCR exercises these powers and responsibilities solo. Makes other conforming changes.
Section 8
Amends GS 143B-135.238 to provide that an award of a grant under Part 41, Clean Water Management Trust Fund, that requires a construction contract (was, a grant award in general) is withdrawn if the grant recipient fails to enter into a construction contract for the project within one year after the date of the execution of the grant contract (was, one year after the date of the award), unless there is good cause for the failure.
Section 9
Changes the title of and statutes throughout Part 41 of Article 2 of GS Chapter 143B by renaming the Clean Water Management Trust Fund (CWMFT) as the North Carolina Land and Water Fund (NCLWF); makes conforming changes to GS 20-79.7, GS 143-214.14, GS 143-215.71, GS 143B-53, and GS 146-30.2.
Section 10
Amends GS 143-260.10 by adding to the components of the State Nature and Historic Preserve certain tracts within and in the vicinity of the National Landmark Historic District of Bethania in Forsyth County containing approximately 189.84 acres, identified as specified, and assigned to DNCR as of June 7, 2022.