Bill Summary for H 168 (2023-2024)

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Summary date: 

Jun 14 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 168 (Public) Filed Tuesday, February 21, 2023
AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING THE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES, AS RECOMMENDED BY THE DEPARTMENT.
Intro. by K. Hall, Wray.

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Bill 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.