South Carolina § 51-17-115 - Heritage Land Trust Fund created.

§ 51-17-115. Heritage Land Trust Fund created.

There is created the Heritage Land Trust Fund, which must be kept separate from other funds of the State. The fund must be administered by the board of the department for the purpose of acquiring fee simple or lesser interest in priority areas, legal fees, appraisals, surveys, or other costs involved in the acquisition of interest in priority areas, and for the development of minimal facilities and management necessary for the protection of the essential character of priority areas.

Unexpended balances, including interest derived from the fund, must be carried forward each year and used only for the purposes provided in this chapter.

No fund money may be expended to acquire interest in property by eminent domain nor may the funds be expended to acquire interest in property without a recommendation of the Heritage Trust Advisory Board and the approval of the State Fiscal Accountability Authority or Department of Administration, as applicable.

The board of the department shall report by letter to the presiding officers of the General Assembly not later than January fifteenth each year all funds expended pursuant to this chapter for the previous year, including the amount of funds expended and the uses to which the expenditures were applied.

The fund is eligible to receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Reimbursement for monies expended from this fund must be deposited in this fund. Funds received through sale, exchange, or otherwise of any Heritage Preserve acquired under this section, or products of the Preserve such as timber, utility easement rights, and the like, accrue to the fund.

HISTORY: 1985 Act No. 36, SECTION 2; 1993 Act No. 164, Part II, SECTION 44, eff June 21, 1993; 1993 Act No. 181, SECTION 1282, eff July 1, 1994; 1999 Act No. 100, Part II, SECTION 16, eff July 1, 1999.

Effect of Amendment

The first 1993 amendment, in the first paragraph, added "and management" following "minimal facilities" and added the last sentence providing that expenditures for management may not exceed ten percent of revenues for any year; and made grammatical changes throughout.

The second 1993 amendment substituted "board of the department" for "Wildlife and Marine Resources Commission".

The 1999 amendment deleted the last sentence of the first undesignated paragraph relating to limitations on the amount of management expenditures from the fund in any fiscal year.