North Carolina § 143B-135 - 54. Additions to and deletions from the State Parks System.

§ 143B-135. 54. Additions to and deletions from the State Parks System.

If, in the course of implementing G.S. 143B-135.50 the Secretary determines that the major purposes of a park are not consistent with the purposes of this Part and the Plan, the Secretary may propose to the General Assembly the deletion of that park from the State Parks System. On a majority vote of each house of the General Assembly, the General Assembly may remove the park from the State Parks System. No other agency or governmental body of the State shall have the power to remove a park or any part from the State Parks System. New parks shall be added to the State Parks System by the Department after authorization by the General Assembly. Each additional park shall be authorized only by an act of the General Assembly. Additions shall be consistent with and shall address the needs of the State Parks System as described in the Plan. All additions shall be accompanied by adequate authorization and appropriations for land acquisition, development, and operations. History (1987, c. 243, s. 1; 2015-241, s. 14.30(e), ( l ).) Cross References. - For components to the State Nature and Historic Preserve, see G.S. 143-260.10. Falls Lake State Trail. - Session Laws 1999-459, s. 3, pursuant to the requirements of G.S. 113-44.14 applicable to the deletion of land from the State Parks System, provides for the deletion from the State Parks System of all segments and the entire width of the Falls Lake State Trail located within game lands managed by the Wildlife Resources Commission. This land is shown on a map entitled "Lands to be Deleted from Falls Lake State Recreation Area", dated 5 March 1999 and filed in the State Property Office. The State's leased interest in this land is reallocated to the Wildlife Resources Commission, and the Wildlife Resources Commission is to manage this land. Bullhead Mountain State Natural Area. - Session Laws 2000-17, s. 1, effective June 22, 2000, authorizes the Department of Environment and Natural Resources to add Bullhead Mountain State Natural Area to the State Parks System as provided in G.S. 113-44.14(b) . Lea Island State Natural Area. - Session Laws 2000-102, s. 1, effective July 11, 2001, authorizes the Department of Environment and Natural Resources to add Lea Island State Natural Area to the State Parks System as provided in G.S. 113-44.14(b) . Mountains to Sea State Park Trail. - Session Laws 2000-157, ss. 1 and 2, effective August 2, 2000, authorizes the Department of Environment and Natural Resources to add the Mountains to Sea State Park Trail to the State Parks System as provided in G.S. 113-44.14(b) , to be comprised only of those lands or easements which are or will be allocated for management to the Division of Parks and Recreation for this purpose. The Division is to promote, encourage, and facilitate the establishment of dedicated connecting trails through lands managed by other governmental agencies and nonprofit organizations in order to form a continuous trail across the State. At least five business days prior to initiating condemnation proceedings to acquire land for the Mountains to Sea State Park Trail, the Department of Administration is to notify the board of commissioners of the county in which the land is located and, if the land is located in a municipality, the board of commissioners of the municipality. Unless a governing body of a county or municipality notifies the Department of Administration within five business days that it objects to the proceedings, the Department of Administration may initiate the proceedings. The Department of Administration is not to initiate proceedings if a governing body of a county or municipality notifies the Department of Administration within five business days that it objects to the proceedings. Elk Knob State Natural Area and Beech Creek Bog State Natural Area. - Session Laws 2002-89, ss. 1 and 2, effective August 22, 2002, authorize the Department of Environment and Natural Resources to add Elk Knob State Natural Area and Beech Creek Bog State Natural Area to the State Parks System as provided in G.S. 113-44.14(b) . Boone's Cave State Natural Area. - Session Laws 2002-149, s. 2, effective October 9, 2002, provides: "Boone's Cave State Natural Area is deleted from the State Parks System pursuant to G.S. 113-44.14 . The State may transfer this property to Davidson County for management as a park. The instrument transferring this property shall provide that the State retains a possibility of reverter and shall provide that, in the event that Davidson County ceases to manage the property as a park, the property shall revert to the State. The State may not otherwise sell or exchange the property." Mayo River State Park. - Session Laws 2003-106, s. 1, effective May 31, 2003, authorizes the Department of Environment and Natural Resources to add Mayo River State Park to the State Parks System as provided by G.S. 113-44.14(b) . Haw River State Park. - Session Laws 2003-108, s. 1, effective May 31, 2003, authorizes the Department of Environment and Natural Resources to add Haw River State Park to the State Parks System as provided by G.S. 113-44.14(b) . Crowders Mountain State Park, South Mountains State Park, Eno River State Park, and Waynesborough State Park. - Session Laws 2003-234, provides in its preamble: "Whereas, Section 5 of Article XIV of the Constitution of North Carolina authorizes the dedication of State and local government properties as part of the State Nature and Historic Preserve upon acceptance by a law enacted by a three-fifths vote of the members of each house of the General Assembly and provides for removal of properties from the State Nature and Historic Preserve by a law enacted by a three-fifths vote of the members of each house of the General Assembly; and "Whereas, the General Assembly enacted the State Nature and Historic Preserve Dedication Act, Chapter 443 of the 1973 Session Laws, to prescribe the conditions and procedures under which properties may be specifically dedicated for the purposes set out in Section 5 of Article XIV of the Constitution of North Carolina; and "Whereas, over 6,700 acres have been added to the State Parks System since the last dedication and acceptance of properties as part of the State Nature and Historic Preserve pursuant to a petition of the Council of State dated 3 April 2001, and "Whereas, in accordance with G.S. 143-260.8, on 6 May 2003 the Council of State voted to petition the General Assembly to enact a law pursuant to Section 5 of Article XIV of the Constitution of North Carolina to dedicate and accept properties added to the State Parks System and designated in the petition for inclusion as parts of the State Nature and Historic Preserve; and "Whereas, as a part of its petition of 6 May 2003 the Council of State also requested the General Assembly to remove certain properties from the State Nature and Historic Preserve; and "Whereas, G.S. 113-44.14 provides for additions to, and deletions from, the State Parks System upon authorization by the General Assembly; Now, therefore," Session Laws 2003-234, s. 2, provides: "The following tracts of land are removed from the State Nature and Historic Preserve pursuant to Section 5 of Article XIV of the Constitution of North Carolina: "(1) The portion of that certain tract or parcel of land at Crowders Mountain State Park in Cleveland County, Number Four Township, described in Deed Book 1286, Page 85, and containing 1.64 acres as shown on the drawing prepared by the Division of Parks and Recreation entitled 'Property to be Excepted Crowders Mountain State Park' dated 14 April 2003 and filed in the State Property Office. "(2) The portion of those certain tracts or parcels of land at South Mountains State Park in Burke County, Lower Creek Township, described in Deed Book 925, Page 1284, and Deed Book 870, Page 1729 required for the right-of-way and easements for the relocation of SR 1904 within the Park and shown on the drawing prepared by Suttles Surveying P.A. entitled "Survey of the Proposed Centerline of the New Road Alignment for the State of North Carolina" bearing the preparer's file name 12455D.dwg, dated 10 April 2003 and filed in the State Property Office. "(3) The portion of that certain tract or parcel of land at South Mountains State Park in Burke County, Morganton Township, described in Deed Book 28, Page 607, Deed Book 28, Page 467, and Plat Book 3, Page 78, and containing 0.33 acres as shown on the drawing prepared by Hawkins Land Surveying entitled 'Subdivision for Trustees of Walker Top Baptist Church' dated 26 September 2001 and filed with the State Property Office. "(4) The portion of that certain tract or parcel of land at Eno River State Park in Durham County, Durham Outside Township, described in Deed Book 435, Page 673, and Plat Book 87, Page 66, containing 11,000 square feet and being the portion of Lot No. 2 shown as the existing scenic easement hereby removed on the drawing prepared by Sear-Brown entitled 'Recombination Plat Eno Forest Subdivision' bearing the preparer's file name 00-208-07.dwg, and filed with State Property Office." Session Laws 2003-234, s. 4, provides: "In accordance with G.S. 143-260.8(e), the Secretary of State is directed to forward a certified copy of this act to the register of deeds of each county in which any portion of the property dedicated and accepted or removed by this act as part of the State Nature and Historic Preserve is located." Session Laws 2003-234, s. 5, effective June 19, 2003, provides that Waynesborough State Park is deleted from the State Parks System pursuant to G.S. 113-44.14 . Lower Haw River State Natural Area. - The preamble to Session Laws 2004-24, provides: "Whereas, Section 5 of Article XIV of the Constitution of North Carolina states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas, and in every other appropriate way to preserve as a part of the common heritage of this State, its open lands and places of beauty; and "Whereas, the 1987 General Assembly enacted the State Parks Act, which declares that the State of North Carolina offers unique archaeological, geologic, biological, scenic, and recreational resources, and that these resources are part of the heritage of the people of the State, which should be preserved and managed by the people for their use and for the use of their visitors and descendants; and "Whereas, the Lower Haw River in Chatham County is considered nationally significant for its biological resources, including several rare species and possesses biological, scenic, and recreational resources of statewide significance; and "Whereas, the Division of Parks and Recreation of the Department of Environment and Natural Resources has identified the Lower Pee Dee, which includes Blewett Falls Lake, as the highest ranked candidate for establishment of a State Recreation Area; Now, therefore, The General Assembly of North Carolina enacts:" Session Laws 2004-24, s. 1, provides: "The General Assembly authorizes the Department of Environment and Natural Resources to add the Lower Haw River State Natural Area to the State Parks System as provided by G.S. 113-44.14(b) ." Horne Creek Living Historical Farm State Historic Site; Removal of Certain Other Properties from State Nature and Historic Preserve. - Session Laws 2004-25 provides in its preamble: "Whereas, Section 5 of Article XIV of the Constitution of North Carolina authorizes the dedication of State and local government properties as part of the State Nature and Historic Preserve upon acceptance by a law enacted by a three-fifths vote of the members of each house of the General Assembly and provides for removal of properties from the State Nature and Historic Preserve by a law enacted by a three-fifths vote of the members of each house of the General Assembly; and "Whereas, the General Assembly enacted the State Nature and Historic Preserve Dedication Act, Chapter 443 of the 1973 Session Laws, to prescribe the conditions and procedures under which properties may be specifically dedicated for the purposes set out in Section 5 of Article XIV of the Constitution of North Carolina; and "Whereas, G.S. 113-44.14 provides for additions to, and deletions from, the State Parks System upon authorization by the General Assembly; Now, therefore, "The General Assembly of North Carolina enacts:" Session Laws 2004-25, s. 1, provides: "The following tracts of land are removed from the State Nature and Historic Preserve pursuant to Section 5 of Article XIV of the Constitution of North Carolina: The portion of that certain tract or parcel of land at Hemlock Bluffs State Natural Area in Wake County, Swift Creek Township, described in Deed Book 2461, Page 037, containing 2,025 square feet and being the portion of this tract shown as proposed R/W on the drawing prepared by Titan Atlantic Group entitled 'Right of Way Acquisition Map for Town of Cary Widening of Kildaire Farm Road (SR 1300) from Autumgate Drive to Palace Green' sheet 1 of 3 bearing the preparer's file name Town of Cary Case File No. TOC 01-37, dated 26 September 2003, and filed with the State Property Office; and the portion of those certain tracts or parcels of land at Hemlock Bluffs State Natural Area in Wake County, Swift Creek Township, described in Deed Book 4670, Page 420, containing 24,092 square feet and being the portion of these tracts shown as proposed R/W on the drawing prepared by Titan Atlantic Group entitled 'Right of Way Acquisition Map for Town of Cary Widening of Kildaire Farm Road (SR 1300) from Autumgate Drive to Palace Green' sheet 3 of 3 bearing the preparer's file name Town of Cary Case File No. TOC 01-37, dated 26 September 2003, and filed with the State Property Office." Session Laws 2004-25, s. 3, provides: "The following tract is removed from the State Parks System pursuant to G.S. 113-44.14 : The portion of that certain tract or parcel of land at Pilot Mountain State Park in Surry County, Shoals Township, described in Plat Book 21, Page 76, containing 104.280 acres, and shown as the 'Horne Creek Living Historical Park' on the drawing prepared by Joe L. Cooke, bearing the preparer's file name Dwg. 3/331, dated 23 March 2004, and filed with the State Property Office. This property may be reallocated to the Department of Cultural Resources for its use of the property as the Horne Creek Living Historical Farm State Historic Site. This property will remain in the State Nature and Historic Preserve." Carvers Creek State Park and Park Site in Hickory Nut Gorge/Chimney Rock Area. - Session Laws 2005-26 provides in its preamble: "Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and "Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and "Whereas, Carvers Creek and surrounding lands in Cumberland County represents an excellent example of the natural features of the Sandhills Region of North Carolina, with rolling hills, ravines, and narrow stream bottoms; and "Whereas, the Carvers Creek site includes endangered red-cockaded woodpeckers, rare plants, high quality longleaf pine forests, wetlands, and other natural communities characteristic of the Sandhills; and "Whereas, the Carvers Creek site has been found to possess biological, scenic, and recreational resources of statewide significance; and "Whereas, the Hickory Nut Gorge/Chimney Rock area in and near western Rutherford County contains spectacular cliffs, rugged mountains, fissure caves, waterfalls, and unusually rich soils that support at least 36 rare plant species and 14 rare animals; and "Whereas, the Hickory Nut Gorge/Chimney Rock area is one of the major centers of biodiversity in North Carolina, and is also of great geological interest; and "Whereas, the Hickory Nut Gorge/Chimney Rock area has been found to possess biological, geological, scenic, and recreational resources of statewide significance; Now, therefore," Session Laws 2005-26, s. 1, provides: "The General Assembly authorizes the Department of Environment and Natural Resources to add Carvers Creek State Park to the State Parks System as provided in G.S. 113-44.14(b) ." Session Laws 2005-26, s. 2, provides: "The General Assembly authorizes the Department of Environment and Natural Resources to add a State Park unit located in the Hickory Nut Gorge/Chimney Rock area to the State Parks System as provided in G.S. 113-44.14(b) ." Mountain Bog State Natural Area and Sandy Run Savannas State Natural Area. - Session Laws 2006-138 provides in the preamble: "Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and "Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and "Whereas, mountain bogs are wetlands that support a variety of rare and unique species. Because of their location on small flat sites in the mountains, bogs are highly vulnerable to damage from clearing, grading, and development. Very few of North Carolina's mountain bogs remain intact, and they are one of the State's most endangered habitats; and "Whereas, Mountain Bog State Natural Area would be comprised of two mountain bogs, Sugar Mountain Bog and Pineola Bog; and "Whereas, rare species found at one or both of the bogs include the bog turtle, bog rose, bog fern, cranberry, gray's lily, large purple-fringed orchid, purple-leaf willowherb, four-toed salamander, and Baltimore checkerspot; and "Whereas, the Mountain Bog site has been found to possess biological resources of statewide significance; and "Whereas, savannas are renowned for extraordinary plant diversity and high numbers of rare species. Savannas are an important component of the State's natural landscape, but are poorly represented in the existing State Parks System; and "Whereas, the Sandy Run Savannas State Natural Area would be comprised of a cluster of nationally significant savannas along the border of Pender and Onslow Counties; and "Whereas, the Sandy Run Savannas site is important as a military buffer and is strategically located as a hub surrounded by Camp Lejeune, Holly Shelter Game Land, and Angola Bay Game Land; and "Whereas, the Sandy Run Savannas site contains rare species that include Venus flytrap, golden sedge, red-cockaded woodpecker, Cooley's meadowrue, yellow fringeless orchid, Carolina goldenrod, and rough-leaf loosestrife; and "Whereas, the Sandy Run Savannas site has been found to possess biological resources of statewide significance; and Whereas, Cabin Lake possesses significant scenic and recreational resources; Now, therefore," Session Laws 2006-138, ss. 1 and 2, effective July 19, 2006, authorize the Department of Environment and Natural Resources to add Mountain Bog State Natural Area and Sandy Run Savannas State Natural Area to the State Parks System as provided in G.S. 113-44.14(b) . Session Laws 2006-138, s. 3, effective July 19, 2006, provides: "The Division of Parks and Recreation of the Department of Environment and Natural Resources shall study the feasibility and the desirability of acquiring land and establishing a State Park at Cabin Lake. The study shall include estimates of the cost of developing the proposed park. The Division shall report its findings and recommendations, including any legislative proposals, to the Environmental Review Commission on or before 15 January 2007." Deep River State Trail. - Session Laws 2007-323, s. 12.9, provides: "The Department of Environment and Natural Resources, Division of Parks and Recreation, shall study the advisability of the General Assembly authorizing the addition of the Deep River State Trail to the State Parks System, as provided in G.S. 113-44-14. In the course of the study, the Division shall consider the cost over the next five years of land acquisition, park development, and park operations. The Department shall report the results of this study to the Joint Legislative Commission on Governmental Operations by March 1, 2008." Session Laws 2007-437, s. 1(a), provides: "The General Assembly authorizes the Department of Environment and Natural Resources to add Deep River State Trail to the State Parks System as provided in G.S. 113-44.14(b) . The Department may acquire and manage lands and easements for this purpose, and shall promote, encourage, and facilitate the establishment of connecting trail segments by other federal, State, local, and private landowners. On segments of the Deep River State Trail that cross property controlled by agencies or owners other than the Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property." Bear Paw State Natural Area and Yellow Mountain State Natural Area. - The preamble and ss. 1 and 2 of Session Laws 2008-155, provide: "Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and "Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and "Whereas, an area on the Avery and Watauga County line, including Hanging Rock Ridge and the headwaters of Dutch Creek, is known to be nationally significant for its excellent examples of the rare High Elevation Rocky Summit community type and other exemplary natural communities; and "Whereas, rare species found at the site include Heller's blazing star, Blue Ridge goldenrod, spreading avens, American speedwell, wretched sedge, Roan rattlesnakeroot, and golden tundra-moss; and "Whereas, this site was known by the Cherokee as Yonah-wayah, or Bear's Paw; and "Whereas, the Bear Paw State Natural Area has been found to possess biological resources of statewide significance; and "Whereas, the area known as Yellow Mountain in Avery and Mitchell Counties near the Roan Mountain massif is known to be nationally significant for its Grassy Bald and Heath Bald natural community types, as well as its assemblage of other outstanding high elevation natural communities; and "Whereas, the site supports dozens of rare plant and animal species, including the northern flying squirrel, the spruce-fir moss spider, Gray's lily, Roan Mountain bluet, and the rock gnome lichen; and "Whereas, the Yellow Mountain State Natural Area has been found to possess biological resources of statewide significance; and "Whereas, both of these natural areas are valuable for scientific research and education, and as examples of the diverse natural resources of North Carolina; Now, therefore, "The General Assembly of North Carolina enacts: "SECTION 1. The General Assembly authorizes the Department of Environment and Natural Resources to add Bear Paw State Natural Area to the State Parks System as provided in G.S. 113-44.14(b) . "SECTION 2. The General Assembly authorizes the Department of Environment and Natural Resources to add Yellow Mountain State Natural Area to the State Parks System as provided in G.S. 113-44.14(b) ." Grandfather Mountain. - The preamble and ss. 1 and 2 of Session Laws 2009-12, provide: "Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and "Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and "Whereas, Grandfather Mountain in Watauga, Avery, and Caldwell Counties is known to be nationally significant for its excellent examples of many rare high elevation natural communities and an exemplary assemblage of rare plant and animal species; and "Whereas, Grandfather Mountain is an internationally recognized terrestrial ecosystem and is therefore designated as a Biosphere Reserve by the United Nations Educational, Scientific and Cultural Organization's Programme on Man and the Biosphere; and "Whereas, Grandfather Mountain is one of the most biologically diverse and significant sites in the Southern Appalachian region; and "Whereas, rare species found at Grandfather Mountain include Spreading avens, Roan Mountain bluet, Heller's blazing star, Blue Ridge goldenrod, Virginia big-eared bat, Carolina northern flying squirrel, the Spruce-fir moss spider, and many others; and "Whereas, Grandfather Mountain is also one of North Carolina's most important scenic landmarks and offers outstanding opportunities for wilderness recreation; and "Whereas, Grandfather Mountain has been found to possess geological, biological, and scenic resources of statewide significance; and "Whereas, the Council of State approved the purchase of Grandfather Mountain, to be operated as a State Park, and the Joint Legislative Commission on Governmental Operations approved the report of the State Property Office regarding acquisition of Grandfather Mountain by the State; and "Whereas, the proposal is for the acquisition of Grandfather Mountain to be funded through the Natural Heritage Trust Fund and the Parks and Recreation Trust Fund; Now, therefore, "SECTION 1. The General Assembly authorizes the Department of Environment and Natural Resources to add Grandfather Mountain to the State Parks System as provided in G.S. 113-44.14(b) . "SECTION 2. The State shall purchase Grandfather Mountain with existing funds in the Natural Heritage Trust Fund and the Parks and Recreation Trust Fund, as previously approved by the Council of State and the Joint Legislative Commission on Governmental Operations. During the 2009-2011 fiscal biennium, the Department of Environment and Natural Resources shall, with funds available, operate Grandfather Mountain State Park." Oregon Inlet State Park and Outer Banks Transportation Corridor. - Session Laws 2014-100, s. 14.7(a)-(h), authorizes the initiation of negotiations by the Department of Administration with the appropriate federal authority for the acquisition of certain federally owned property for the creation of Oregon Inlet State Park. If the subject real property is acquired by the State, then, together with any other real property owned by the State within the subject area, the Department of Environment and Natural Resources is authorized to add Oregon Inlet State Park to the State Parks System. The provisions of Session Laws 2014-100, s. 14.7(a)-(h), further provides for the condemnation authority necessary to manage existing and future transportation corridors on the Outer Banks, and for the identification of federally owned property necessary to construct or manage existing and future transportation corridors on the Outer Banks. Camp Sertoma Tracts. - Session Laws 2016-100, s. 11(b), provides: "Pursuant to G.S. 143B-135.54, the General Assembly authorizes the deletion of the following property from the State Parks System: "The portion of that certain tract or parcel of property at Hanging Rock State Park in Stokes County, described in Deed Book 267, Page 159, and containing approximately 1.5 acres as shown in a survey by C.E. Robertson & Associates, P.C. entitled Plat of Survey for North Carolina Division of Parks and Recreation showing 'Camp Sertoma Tracts,' Sheet 7 of 7, and dated June 18, 2015, and revised April 6, 2016; and the portion shown as Deed Overlap in a survey by C.E. Robertson & Associates, P.C. entitled Plat of Survey for North Carolina Division of Parks and Recreation showing 'Camp Sertoma Tracts,' Sheet 2 of 7, and dated June 18, 2015; and the portion of that certain tract or parcel of property in Stokes County described in Deed Book 368, Page 415, and containing approximately 1.058 acres shown as Deed Overlap in a survey by C.E. Robertson& Associates, P.C. entitled Plat of Survey for North Carolina Division of Parks and Recreation showing 'Camp Sertoma Tracts,' Sheet 5 of 7, and dated June 18, 2015. The State may only exchange this property for other property for the expansion of Hanging Rock State Park or sell this land and use the proceeds for that purpose. The State shall not otherwise sell or exchange this land." Hickory Nut Gorge Trail - Session Laws 2017-57, s. 14.15, provides: "The General Assembly authorizes the Department of Natural and Cultural Resources to add the Hickory Nut Gorge trail to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). The Department shall support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. On segments of the Hickory Nut Gorge trail that cross property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this section. For purposes of this section, the 'Hickory Nut Gorge trail' refers to the trail through the Hickory Nut Gorge located within Henderson, Rutherford, and Buncombe counties, and encompasses current and future permanently publicly accessible recreational trails inside, or within five miles of, the physical boundaries of the Hickory Nut Gorge, Lake Lure, Broad River, or Chimney Rock State Park." Bob's Creek, Warwick Mill Bay, and Salmon Creek State Natural Areas. - Session Laws 2017-177 provides in its preamble: "Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and "Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and "Whereas, the Bob's Creek area in McDowell County is significant for its scenic beauty, high-quality natural communities, rare and unusual natural features, and opportunities for natural resource preservation, outdoor recreation, and regional trail connections; and "Whereas, Warwick Mill Bay in Robeson County is a large Carolina Bay with one of the State's largest inland heronries, providing habitat for herons, egrets, moorhens, anhingas, ibises, wood storks, alligators, and many other species of wildlife and plants, and preservation of Warwick Mill Bay would protect an important ecological and scientific resource for future North Carolinians; and "Whereas, the Salmon Creek area in Bertie County is ecologically significant for its high-quality natural communities and also contains important prehistoric and historic archaeological sites offering opportunities for important archaeological discoveries, including an Indian occupation site containing evidence of late 16th or early 17th century English presence; Now, therefore," Session Laws 2017-177, ss. 1-3, provide: "1. The General Assembly authorizes the Department of Natural and Cultural Resources to add Bob's Creek State Natural Area, Warwick Mill Bay State Natural Area, and Salmon Creek State Natural Area to the State Parks System as provided in G.S. 143B-135.54(b). "2. The State may receive donations of appropriate land and may purchase other needed lands for Bob's Creek State Natural Area, Warwick Mill Bay State Natural Area, and Salmon Creek State Natural Area with existing funds in the Clean Water Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water Trust Fund, and other available sources of funding. "3. The Division of Parks and Recreation of the Department of Natural and Cultural Resources shall study the feasibility and the desirability of acquiring land and establishing a State Park on the Black River. The study shall include public input and shall estimate the cost of developing the proposed park. In addition, the study shall include an assessment of actions the State can take to improve the navigability of the Black River. The Division shall report its findings and recommendations, including any legislative proposals, to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources on or before March 1, 2018." Northern Peaks State Trail. - Session Laws 2019-74, s. 1, provides: "The General Assembly authorizes the Department of Natural and Cultural Resources to add the Northern Peaks State Trail to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). The Department shall support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. On segments of the Northern Peaks State Trail that cross property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this act; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the Northern Peaks State Trail with existing funds in the Clean Water Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding. For purposes of this act, the 'Northern Peaks State Trail' refers to the proposed trail connecting Rivers Park in downtown Boone in Watauga County to the Mount Jefferson State Natural Area in Ashe County." Pisgah View State Park. - The preamble to Session Laws 2019-138, provides: "Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and "Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and "Whereas, areas within southwest Buncombe County and Haywood County support a number of unique habitats and natural communities, contain high-quality cliffs, coves, and upland forests, and are home to several rare or uncommon plant and animal species; and "Whereas, this region possesses biological, geological, scenic, and recreational resources of statewide significance; Now, therefore," Session Laws 2019-138, ss. 1, 2, provides: "Section 1. The General Assembly authorizes the Department of Natural and Cultural Resources to add Pisgah View State Park in Buncombe and Haywood Counties to the State Parks System as provided in G.S. 143B-135.54(b). "Section 2. The State may receive donations of appropriate land and may purchase other needed lands for Pisgah View State Park with existing funds in the Clean Water Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water Trust Fund, and other available sources of funding." Editor's Note. - Former G.S. 113-44.14 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.54. Session Laws 1999-459, s. 4, is a severability clause. Session Laws 2007-323, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2007'." Session Laws 2007-323, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2007-2009 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2007-2009 fiscal biennium." Session Laws 2007-323, s. 32.5, is a severability clause. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2019-20, s. 1(a), (b), provides: "(a) The General Assembly finds that the routes used by the patriot militias of North Carolina, South Carolina, Virginia, and the areas west of the Blue Ridge Mountains that later became the State of Tennessee in the military campaigns of the Revolutionary War leading to the Battle of Kings Mountain in 1780 are a vital part of the history and heritage of the State as well as the entire United States. The General Assembly also finds that this vital role is demonstrated by the creation of the Overmountain Victory National Historic Trail in 1980 by the federal government. The General Assembly further finds that the contributions of a significant existing network of federal, State, local, and private partners over the last four decades in the identification, preservation, and education of the public about the Overmountain Victory National Historic Trail have provided the State with a historical and recreational resource of statewide significance for historic reenactors, hikers, bikers, and other outdoor cultural and recreational activities, and that including such a trail in the State Trails System as a State trail would be beneficial to the people of North Carolina and further the development of North Carolina as 'The Great Trails State.' "(b) The General Assembly authorizes the Department of Natural and Cultural Resources to add the route identified by the National Park Service as the Overmountain Victory National Historic Trail in the counties of Avery, Mitchell, McDowell, Burke, Rutherford, Polk, Caldwell, Wilkes, and Surry to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). Subject to the provisions of 16 U.S.C. § 1246, the Department shall support, promote, encourage, and facilitate the establishment of trail segments on State parklands and on lands of other federal, State, local, and private landowners. On segments of the Overmountain Victory State Trail that cross property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this section; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the Overmountain Victory State Trail with existing funds in the Clean Water Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding." Session Laws 2019-20, s. 2(a), provides: "The General Assembly authorizes the Department of Natural and Cultural Resources to add the Wilderness Gateway Trail to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). The Department shall support, promote, encourage, and facilitate the establishment of trail segments on State parklands and on lands of other federal, State, local, and private landowners. On segments of the Wilderness Gateway State Trail that cross property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this section; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the Wilderness Gateway State Trail with existing funds in the Clean Water Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding." Session Laws 2021-54, s. 1, provides: "The General Assembly finds that a multiuse trail across Central and Eastern North Carolina would provide a multitude of economic, recreational, health, environmental, community, and transportation benefits. The General Assembly further finds that federal, State, local, and private partners have expressed substantial interest in completing such a trail, that such a trail would be a recreational resource of statewide significance, and that including such a trail in the State Parks System as a State Trail would be beneficial to the people of North Carolina and further the development of North Carolina as "The Great Trails State.” ” Session Laws 2021-54, s. 2, provides: "The General Assembly authorizes the Department of Natural and Cultural Resources to add the portion of the East Coast Greenway traversing North Carolina to the State Parks System as the "East Coast Greenway State Trail," as provided in G.S. 143B-135.54(b). The Department shall support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. On segments of the East Coast Greenway that cross property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this act; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the East Coast Greenway with existing funds in the Land and Water Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding.” Session Laws 2021-55, s. 1, provides: "The General Assembly authorizes the Department of Natural and Cultural Resources to add the Dan River Trail in Stokes and Rockingham Counties to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). The Department shall support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. On segments of the Dan River State Trail that cross property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this section; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the Dan River State Trail with existing funds in the Land and Water Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding.” Effect of Amendments. - Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, in the first sentence of subsection (a), substituted "G.S. 143B-135.50" for "G.S. 113-44.12" and substituted "Part" for "Article."