North Carolina § 143B-135 - 10. Definitions.

§ 143B-135. 10. Definitions.

In this Part, unless the context requires otherwise, "Department" means the Department of Natural and Cultural Resources, and "Secretary" means the Secretary of Natural and Cultural Resources. History (1939, c. 317, s. 1; 1969, c. 342, s. 1; 1973, c. 1262, ss. 28, 86; 1977, c. 771, s. 4; 1987, c. 827, s. 90; 1989, c. 727, s. 49; 1991 (Reg. Sess., 1992), c. 890, s. 2; 1997-443, s. 11A.119(a); 2011-145, s. 13.25(n); 2015-241, s. 14.30(e), ( l ).) Cross References. - As to present provisions regarding acquisition and control of state forests and state recreational forests, see Article 74 of Chapter 106 , G.S. 106-870 et seq. Transfer of Division of Forest Resources. - Session Laws 2011-145, s. 13.25(a), provides: "(a) The Division of Forest Resources is transferred from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services with all the elements of a Type I transfer, as defined by G.S. 143A-6." Session Laws 2011-145, s. 13.25(yy), provides: "The transfers under this section become effective July 1, 2011, and funds transferred shall be net of any changes enacted by this section." Session Laws 2011-145, s. 13.25(zz), provides: "Any references in this act to the Division of Forest Resources of the Department of Environment and Natural Resources shall be construed to refer to the Division of Forest Resources of the Department of Agriculture and Consumer Services. Any references in this act to the Forestry Council of the Department of Environment and Natural Resources shall be construed to refer to the Forestry Council of the Department of Agriculture and Consumer Services." Editor's Note. - Former Article 2 of Chapter 113 (G.S. 113-29 to 113-44) was recodified as Part 31 of Article 2 of Chapter 143B (G.S. 143B-135.10 et seq.), by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified. Former G.S. 113-29 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.10. Session Laws 2011-145, s. 13.25(m) and (n), effective July 1, 2011, substituted "State Parks" for "State Forests and Parks" in the Subchapter II and Article 2 headings. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2015-241, s. 14.11(b), provides: "The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, and the North Carolina Aquariums, may establish admission fees and related activity fees for those sites and facilities. In setting these fees, the Department of Environment and Natural Resources shall use a dynamic pricing strategy as defined in subsection (e) of this section. Any rule currently in the Administrative Code related to fees covered by subsection (a) of this section is ineffective and repealed upon the effective date of new admission fees and related activity fees adopted by the Department under the authority set out in that subsection. Notice of the initial adoption of new admission fees and related activity fees under subsection (a) of this section shall be given by the Department to the Codifier of Rules, who, upon receipt of notice of the initial adoption of new admission fees and related activity fees by the Department, shall note the repeal of these rules in the Administrative Code. Nothing in this subsection is intended to authorize the Department or any other department to charge new parking fees at the North Carolina Zoological Park, State parks, or the North Carolina Aquariums or to charge an admission fee at any other site or facility that does not currently charge an admission fee." Session Laws 2015-241, s. 14.11(e), provides: "For purposes of this section, 'dynamic pricing' is the adjustment of fees for admission and related activities from time to time to reflect market forces, including seasonal variations and special event interests, with the intent and effect to maximize revenues from use of these State resources to the extent practicable to offset appropriations from the General Assembly." Session Laws 2015-241, s. 14.11(g), as amended by Session Laws 2015-268, s. 5.5, provides: "The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, and the North Carolina Aquariums may not impose fees on school groups visiting those attractions. For purposes of this section, 'fees' refers to the regular admission charge, and does not include a separate admission charge for a special temporary exhibition or a special program." Session Laws 2015-241, s. 14.11(i), provides: "This section applies to admission fees or related activity fees charged on or after the effective date of this act [July 1, 2015]." Session Laws 2015-241, s. 14.30(a), as amended by Session Laws 2015-268, s. 5.4(a), provides: "The Department of Cultural Resources is renamed the Department of Natural and Cultural Resources, and all functions, powers, duties, and obligations vested in the following programs, divisions, and entities within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type I transfer, as defined in G.S. 143A-6: "(1) The Division of Parks and Recreation. "(2) The State Parks System, including Mount Mitchell State Park. "(3) The North Carolina Aquariums Division. "(4) The North Carolina Zoological Park. "(5) The North Carolina Museum of Natural Sciences. "(6) Clean Water Management Trust Fund. "(7) The Natural Heritage Program, within the Office of Land and Water Stewardship." Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2011-145, s. 13.25(n), effective July 1, 2011, rewrote the section catchline, which formerly read: "Policy and plan to be inaugurated by Department of Environment and Natural Resources"; and deleted subsection (b), which pertained to a policy and plan inaugurated by the Department of Environment and Natural Resources. Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, rewrote the section. Legal Periodicals. - For article, "The Pearl in the Oyster: The Public Trust Doctrine in North Carolina," see 12 Campbell L. Rev. 23 (1989). For note, "This Name Is Your Name: Public Landmarks, Private Trademarks, and Our National Parks," see 67 Duke L.J. 145 (2017).